Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	error_n	writ_n	15,418	5	10.2182	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41310	Political discourses of Sir Robert Filmer, Baronet, viz. Patriarcha, or the natural power of Kings. The free-holders Grand-inquest. Observations upon Aristotles politicks. Directions for obedience to government. Also observations upon Mr. Hobbs's Leviathan. Mr. Milton against Salmatius. Hugo Grotius de Jure Belli & Pacis. Mr. Hunton's treatise on Monarchy. With an advertisement to the Jurymen of England touching witches; Patriarcha.	Filmer, Robert, Sir, d. 1653.	1680 (1680)	Wing F925; ESTC R215623	53,592	159

9. Ed. 3. saith Whereas the Knights Citizens and Burgesses desired our Soveraign Lord the King in his Parliament by their Petition that for his Profit and the Commodity of his Prelates Earls Barons and Commons it may please him to provide remedy our Soveraign Lord the King desiring the profit of his people by the assent of his Prelates Earles Barons and other Nobles of his Council being there hath ordained In the Parliament primo Edwardi the Third where Magna Charta was confirmed I find this Preamble At the Request of the Commonalty by their Petition made before the King and His Council in Parliament by the assent of the Prelates Earles Barons and other Great Men Assembled it was Granted The Commons presenting a Petition unto the King which the King's Council did mislike were content thereupon to mend and explain their Petition the Form of which Petition is in these words To their most redoubted Soveraign Lord the King praying the said Commons That whereas they have pray'd Him to be discharged of all manner of Articles of the Eyre c. Which Petition seemeth to His Council to be prejudicial unto Him and in Disinherison of His Crown if it were so generally granted His said Commons not willing nor desiring to demand things of Him which should fall in Disinherison of Him or His Crown perpetually as of Escheators c. but of Trespasses Misprisions Negligences and Ignorances c. In the time of Henry the Third an Order or Provision was made by the King's Council and it was pleaded at the Common Law in Bar to a Writ of Dower The Plantiffs Attorney could not deny it and thereupon the Judgment was ideo ●sine die It seems in those days an Order of the Council-Board was either parcel of the Common-Law or above it The Reverend Judges have had regard in their Proceedings that before they would resolve or give Judgment in new Cases they consulted with the King 's Privy Council In the Case of Adam Brabson who was assaulted by R. W. in the presence of the Justices of Assize at Westminster the Judges would have the Advice of the Kings Council For in a like Case because R. C. did strike a Juror at Westminster which passed in an Inquest against one of his Friends It was adjudged by all the Council that his right hand should be cut off and his Lands and Goods forfeited to the King Green and Thorp were sent by Judges of the Bench to the Kings Council to demand of them whether by the Statute of 14. Ed. 3. cap. 16. a Word may be amended in a Writ and it was answered that a Word may well be amended although the Statute speak but of a Letter or Syllable In the Case of Sir Tho. Oghtred Knight who brought a Formedon against a poor Man and his Wife they came and yielded to the Demandant which seemed suspitious to the Court whereupon Judgment was stayed and Thorp said That in the like Case of Giles Blacket it was spoken of in Parliament and we were commanded that when any like Case should come we should not go to Judgment without good advice therefore the Judges Conclusion was Sues au Counseil comment ils voillet que nous devomus faire nous volume faire auterment nient en cest case Sue to the Council and as they will have us to do we will and otherwise not in this Case 18. In the last place we may consider how much hath been attributed to the Opinions of the Kings Judges by Parliaments and so find that the Kings Council hath guided and ruled the Judges and the Judges guided the Parliament In the Parliament of 28. Hen. 6. The Commons made Suit That William de la Poole D. of Suffolke should be committed to Prison for many Treasons and other Crimes The Lords of the Higher House were doubtful what Answer to give the Opinion of the Judges was demanded Their Opinion was that he ought not to be committed for that the Commons did not charge him with any particular Offence but with General Reports and Slanders This Opinion was allowed In another Parliament 31. Hen. 6. which was prorogued in the Vacation the Speaker of the House of Commons was condemned in a thousand pound dammages in an Action of Trespass and was committed to Prison in Execution for the same When the Parliament was re-assembled the Commons made suit to the King and Lords to have their Speaker delivered the Lords demanded the Opinion of the Judges whether he might be delivered out of Prison by priviledge of Parliament upon the Judges answer it was concluded That the Speaker should still remain in Prison according to the Law notwithstanding the priviledge of Parliament and that he was the Speaker Which Resolution was declared to the Commons by Moyle the King's Serjeant at Law and the Commons were commanded in the Kings Name by the Bishop of Lincolne in the absence of the Arch-bishop of Canterbury then Chancellour to chuse another Speaker In septimo of Hen. 8. a question was moved in Parliament Whether Spiritual Persons might be convented before Temporal Judges for Criminal Causes There Sir John Fineux and the other Judges delivered their Opinion That they might and ought to be and their Opinion was allowed and maintained by the King and Lords and Dr. Standish who before had holden it the same Opinion was delivered from the Bishops If a Writ of Errour be sued in Parliament upon a Judgment given in the Kings Bench the Lords of the higher House alone without the Commons are to examine the Errours the Lords are to proceed according to Law and for their Judgment therein they are to be informed by the advice and counsel of the Judges who are to inform them what the Law is and so to direct them in their Judgment for the Lords are not to follow their own Opinions or Discretions otherwise So it was in a Writ of Errour brought in Parliament by the Dean and Chapter of Lichfield against the Prior and Covent of Newton-Panel as appeareth by Record See Flower Dew's Case P. 1. H. 7. fol. 19. FINIS 1 Kings 20. 16. Gen. 27 29. Arist Pol. Lib. 1. c. 2.

Tragical Slaughter of Citizens at home deserved Commiseration from their vanquished Enemies What though in that Age of her Popularity she bred many admired Captains and Commanders each of which was able to lead an Army ●ough many of them were but ill re●●ited by the People yet all of them ●ere not able to support her in times 〈◊〉 Danger but she was forced in her ●●eatest Troubles to create a Dictator who was a King for a time thereby giving this Honourable Testimony of Monarchy that the last Refuge in Perils of States is to fly to Regal Authority And though Romes Popular Estate for a while was miraculou●●●● upheld in Glory by a greater Prud●nce than her own yet in a short time after manifold Alterations she was ruined by her Own Hands Suis ipsa Roma viribus ruit For the Arms she had prepared to conquer other Nations were turned upon her Self and Civil Contentions at last settled the Government again into a Monarchy 13. The Vulgar Opinion is tha● the first Cause why the Democratical Government was brought in was to curb the Tyranny of Monarchies But the Falshood of this doth best appear by the first Flourishing Popular Estate of Athens which was founded not because o● the Vices of their last King but that his Vertuous Deserts were such as th● people thought no man Worthy ●nough to succeed him a pretty wa●ton Quarrel to Monarchy For whe● their King Codrus understood by th● Oracle that his Country could not be saved unless the King were slain i● the Battel He in Disguise entered hi● Enemies Camp and provoked a Common Souldier to make him a Sacrifice for his own Kingdom and with his Death ended the Royal Government for after him was never and more Kings of Athens As Athens thus or Love of her Codrus changed the Government so Rome on the contrary out of Hatred to her Tarquin ●d the like And though these two famous Commonweals did for contrary ●uses abolish Monarchy yet they both agreed in this that neither of them thought it fit to change their State to a Democratie but the one chose ●●chontes and the other Consuls to ● their Governours both which did ●ost resemble Kings and continued ●●till the People by lessening the Authority of these their Magistrates did ● degrees and stealth bring in their ●opular Government And I verily be●●●ve never any Democratical State ●ewed it self at first fairly to the ●orld by any Elective Entrance but ●ey all secretly crept in by the Back●●or of Sedition and Faction 14. If we will listen to the Judgment of those who should best know ●e Nature of Popular Government ● shall find no reason for good men desire or choose it Zenophon that brave Scholar and Souldier disallowed the Athenian Commonweal for that they followed that Form of Government wherein the Wicked are always in greatest Credit and Vertuous men kept under They expelled A●ristides the Just Themistocles died i● Banishment Meltiades in Prison Phocion the most virtuous and just man of his Age though he had been chosen forty five times to be their General yet he was put to Death with all his Friends Kindred and Servants by the Fury of the People without Sentence Accusation or any Cause at all Nor were the People of Rome much more favourable to their Worthies they banished Rutilius Metellus Coriolanus the Two Scipio's and Tully● the worst men sped best for as Znophon saith of Athens so Rome was a Sanctuary for all Turbulent Discontented and Seditious Spirits The Impunity of Wicked men was such that upon pain of Death it was forbidden all Magistrates to Condemn to Death or Banish any Citizen o● to deprive him of his Liberty or so much as to whip him for what Offence ever he had committed either against ●e Gods or Men. The Athenians sold Justice as they ●d other Merchandise which made ●lato call a Popular Estate a Fair here every thing is to be sold The ●fficers when they entered upon their ●harge would brag they went to a ●olden Harvest The Corruption of ●ome was such that Marius and Pompey durst carry Bushels of Silver to the Assemblies to purchase the ●oices of the People Many Citizens ●der their Grave Gowns came Arm● into the Publick Meetings as if ●●ey went to War Often contrary ●ctions fell to Blows sometimes with ●ones and sometimes with Swords ●e Blood hath been suckt up in the ●arket Places with Spunges the Ri●●r Tiber hath been filled with the ●ead Bodies of the Citizens and the ●●mmon Privies stuffed full with them If any man think these Disorders Popular States were but Casual such as might happen under any ●nd of Government he must know that such Mischiefs are Unavoidable and of necessity do follow a●● Democratical Regiments and the Reason is given because the Nature of all People is to desire Liberty without Restraint which cannot b● but where the Wicked bear Rule● and if the People should be so indiscreet as to advance Vertuous Men they lose their Power For that Good Men would favour none but the Good which are always the fewer in Number and the Wicked and Vitious which is still the Greate● Part of the People should be excluded from all Preferment and i● the End by little and little Wise men should seize upon the State and take it from the People I know not how to give a better Character of the People than can be gathered from such Authors as lived Amongst or Near the Popular States Thucydides Zenophon Liv●● Tacitus Cicero and Salust have set them out in their Colours I will borrow some of their Sentences There is nothing more uncertain than the People their Opinions are as variable and suddain as Tempests there is neither Truth nor Judgment in them they are not led by Wisdom to judg of any thing but by Violence and Rashness nor put they any Difference between things True and False After the manner of Cattel they follow the Herd that goes before they have a Custom always to favour the Worst and Weakest they are most prone to Suspitions and use to Condemn men for Guilty upon any false Suggestion they are apt to believe all News especially if it be sorrowful and like Fame they make it more in the Believing when there is no Author they fear those Evils which themselves have feigned they are most desirous of New Stirrs and Changes and are Enemies to Qui●et and Rest whatsoever is Giddy or Head-strong they account Manlike and Couragious but whatsoever is Modest or provident seems sluggish each man hath a Care of his Particular and thinks basely ●● the Common Good they look upon Approaching Mischiefs as the● do upon Thunder only every ma● wisheth it may not touch his own Person it is the Nature of the● they must Serve basely or Dom●neer proudly for they know ●● Mean Thus do they paint to the Life this Beast with many Head● Let me give you the Cypher ●● their Form of Government As it ●● begot