Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	case_n	court_n	writ_n	2,874	5	9.1804	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59002	The second part of the Peoples antient and just liberties asserted in the proceedings against, and tryals of Tho. Rudyard, Francis Moor, Rich. Mew, Rich. Mayfeild, Rich. Knowlman, Gilbert Hutton, Job Boulton, Rich. Thornton, Charles Banister, John Boulton, and William Bayly : at the sessions begun and held at the Old-Bailey in London the last day of the 6th moneth, and there continued till the 7th day of the 7th moneth next following, in the year 1670, against the arbitrary procedure of that court, and justices there : wherein their oppression and injustice are manifested, their wickedness and corruption detected, and the jury-mans duty laid open.	Rudyard, Thomas, d. 1692, defendant.; Moor, Francis, defendant.; Mew, Richard, defendant.; Penn, William, 1644-1718. People's antient and just liberties asserted, in the tryal of William Penn.; England and Wales. Court of Quarter Sessions of the Peace (London)	1670 (1670)	Wing S2312; ESTC R21970	50,633	70

other Persons who have undergone with him the severe Judgments or as some call them the Inquisitory like Censures of that Court which were so far from Juris Dicta The Law of Right or impartial dispencing of Justice that they are clear contrary and directly opposit unto them The Justices of that Court Judge Cook that famous English Lawyer doth well describe in his 2d Inst Fol. 55. in a Poetical Simile of an unjust Judge Grosius hic rodamanthus habet durissima Regna castigatque auditque dolas subigitque fateri And in another place Leges fixit praecio atque refixit They Punish then Hear compel to Confess make and marr Laws at pleasure The Occasion of T. R's being Envyed and Prosecuted by these Adversaries of Peace was because of his faithful defending and Constant appearing when called thereto for his Clyents and Retainders in such Matters Causes as Will and Power had forged and daily did put in execution against them so that the 3d of the 4th Moneth called June the Magistrates of the City of London in the Name or Colour of a Lievtenancy or Militia Issued out a Warrant to break open his house in the dead of the Night to apprehend him when they might have had him at Noon-day upon the Exchange about his occasions and did take and carry away him and also what Arms they there coudl find which Warrant was executed by the Souldiers of one Captain Holford and the next day was sent to the ●o●l of New-Gate as a person suspected and disaffected to the Peace of the Kingdom as was alledged in his Mittimus under the Hands and Seals of Samuel Starling Mayor Wil. Peak Rob. Hauson A. King J. Dawes John Cutler William Rouswel A. Stanyon John Tivell Wil. Allott J. Sheldon and T. Davice The 7th of the 4th Moneth the Lievtenancy so called ordered T. R. to be again brought before them who without alledging any Crime or certain Matter that was proved against him though earnestly requested by him That he might hear his Accusation or see his Accusers face to face did demand 2000 l. security for his Good-behaviour which unreasonable Demand being not complied withal T. R. was remanded to Goal with a Mittimus under Sam. Starling and John Robinsons Hand and Seal Pretending therein That T. R. did stir up persons to the disobedience of Laws and abetted and encouraged such as met in unlawful and Seditious Conventicles contrary to the late Act in the 22th C. 2. of which things they alledged that they found cause to suspect T. R. to be guilty Which Case being brought before the Iustices of the Court of Common-Pleas at Westminster by Habeas Corpus That Court after solemn debate gave their Judgment That T. R. was unjustly Imprisoned and unlawfully Detained And so by them was set at Liberty His Adversary viz. S. Starling the Mayor being incensed at his Deliverance and Discharge finds out new Stratagenis to encompass his ends upon him so that at a Sessions of the Peace at the Old-Baily the 29th of the 4th Moneth an Indictment is framed and preferred against T. R. the Tenor whereof was That whereas at a S●ssions of the Peace held at Guildhall for the City of London the ●●●h of May the 22th year of the King before S. Starling c. an●●he ●ustices of the Peace of the said City assigned c. a certain Bill of ●●●ic●ment was exhibited and preferred against one Samuel 〈◊〉 late of London Stationer written in Parchment for speaking these seditious and menacing Words viz. The first man that shall disturb Mr. Vincent will never go out of the house alive whereas one N. Grove J. Tillot were sworn to give Evidence in behalf of the King to the grand Inquest that T. R. intending to hinder and pervert Justice and due course of Law against S. A. for speaking the seditious and menacing words aforesaid the 30th of May with Force and Arms c. the said Bill of Indictment before it came to the grand Inquest unlawfully secretly and subtilly did get take and had in his hands and unlawfully did conceal and detain from the Jury in contempt of the King and his Laws to the hindrance of Justice and due course of Law against Allingbridge unto the evil example of others and against the Kings Peace Crown and Dignity To which Indictment T. R. appearing in Court and pleading not guilty John Lee told the Bench that there was no cause for that Indictment by reason that S. A. was tryed convicted and acquitted the same Sessions that the pretended Indictment miscarryed Whereupon the Mayor pulling an Affidavit out of his Pocket that bore date the 29th then instant alledged That the Indictment was not drawn to the Case and according to the Instructions that he gave to Jo. Lee and shewed that Affidavit to Archer one of the Justices of the Common-Pleas who when he had perufed and read it over acquainted the Mayor That the matter therein contained was no cause for an Indictment To which the Mayor answered That it is cause and shall be cause and he would stand to it withal affirming That he had asked chief Justice Keeling's Judgment and he advised him to prosecute it So the Instructions were delivered to John Lee to draw up another Indictment This piece of practice was in open Court which manifests their partiallity and unequal dealings to such whom they convened before them to receive Justice at their hands And how little they who sate there as Judges regarded their Oaths and the duty of that place of so great a trust is easily resolved weighing them in the Ballance of Law and Justice Said the learned Cook in his 3 Inst fol. 29. The Judges ought not to deliver their Opinion before-hand upon a Case put and proofs urged on one side in absence of the party accused For how saith he can they be indifferent who have delivered their Opinions before hand without hearing of the party accused when a small addition or substraction may alter the Case And how doth it stand with their Oaths that are sworn That they shal well lawfully serve our Lord the King and his people in the Office of a Justice And they should do Equal Law execution of Right to all his Subjects Yea he saith further That the Kings Council shall not so much as put the case in absence of the Prisoner to the Judges As may be seen at large in 3 Inst fol. 30. And the 3d Statute of 18 Edward 3. In the Judges Oath it s said And that ye give no advice nor counsel to no man great nor small in no case where the King is party Now if the Mayors prosecution and Justice Keelings Advice be according to the Law Justice their Oaths and Duty in their respective places let the World judge The Clark of the Peace drew up another Indictment by the Mayors Directions which contained the substance of the former and further That the said T. R.

which though the things are smal yet it had been punished if it had been proved But now to the Fact of the City Recorder it was observed That when he gave Judgment against the several Convicts before related and assessed the several Fines and Amercements upon the Convicts and others both for their Hats and pretended Crimes for which they were Indicted That John Smith one of the Sheriffs of London being as was supposed over-joyed to hear of the Courts Gratitude in rewarding his pains for making Proclamations in the Steets c. but being somewhat in doubt whether many of the Fines might not fall short or prove Bad Debts hastily steps out of his Chair and going to the Recorder saying BUT HOW SHALL WE COME BY THESE FINES To which the Recorder answered GIVE ME ONE OF THEM AND I WILL SECURE YOU ALL THE REST At which answer with a seeming joy and alacrity I. Smith returned to his Chair and spoke to some who were supposed his Friends there present in Court and audibly declared to them That the Recorder told him That if we meaning the Sheriffs would give him one of the Fines he would secure us all the rest of them Surely this was two open and publique a place to make such Bargains as these But what Wonder when scarce any Passage or Action of theirs that Sessions was in Law and Righteousness any more justifiable What Ratification or Confirmation of this piece of contracted Bribery has been since betwixt them in their private Chambers we know not but what 's done acted in publique Courts we may can assert declare to the World Some may conjecture That the Money which I. Howel the Recorder afterwards received was upon the first proposed and offered Contract made in open Court with Jo. Smith the Sheriff Others may Imagine That it was the Mayors Benevolence for justifying his Dirty and Filthy Actions and Prosecutions before the People at the Sessions But the case is this That the Mayor Sheriffs Jo. Robinson c. and other the Justices for that Sessions being met together at Guildhall in a Court of Aldermen proposed to pay the Recorder for his extrordinary pains reward him for his execution of Justice or sitting in Judgment at the Old-Baily upon the Quakers I. Robinson the chief of that Flock and not the backwardest to give what 's not his own told the Court THAT THE RECORDER DESERVED AN HUNDRED POUNDS FOR HIS SERVICE DONE AT THE OLD BAILY THE LAST SESSIONS Whereupon the Court consented to pay him for that service an Hundred Pounds by the Chamberlin of London Who doubts of the truth hereof are desired to repair to the Chamberlins-Office and they may there find the Order bearing date the 8th of October 1670. Besides other Orders for 200 l. more to him within eight Moneths last past An excellent way to ease that Treasury of being overburthened with Orphans Money by which Sinister Ends and Cursed Dispositions of its Cash the Chamber is run so deeply in Debt that it s almost incredible and here Modesty engages to conceal being in hopes that ere long some more saithful Stewards and Guardians may be appointed to have the Charge and Wardship of it c. So that notwithstanding that large provision which Englands Laws have made for the safety of its Inhabitants as in chapter 29. of its Charter of Liberties Nulli vendimus c. on which Cook observes That all the Kings People Ecclesiastical and Temporal Free or Bond Old or Young yea although he be Outlawed or Excommunicated or any other without exception is to have Justice freely without sale and fully without denial yet those Prisoners at the hand of this Recorder and Bench instead of having Justice freely have been apparently sold into the hands of their cruel Adversaries and instead of having it fully they have been unjustly over-ruled by their Arbitrary and Illegal Sentences and Censures against them Thus are we forced to cast the blame of the Prisoners Suffrings upon the Authors thereof which we must attribute either sprung from their falsness to their trust or their incapacity to execute that weight of Authority committed to them and surely this Nation throughout is made sensible of nothing more then the daily Breach of their Liberties and of Violence to the Freedom of their Persons and Estates by such hostes humani generis as these oppressed Prisoners have had just occasion to complain of The Actions of that Sessions were a Riddle to the English-man beyond all that this latter monstrous Age hath brought forth its needless to repeat how much the publick Liberty in denying the commonalty that freedom of Iurors the Law allows fining imprisoning Iurors for doing their duty imposing Fines arbitrarily without inquest upon the Freeborn men of England denying to produce that Law which is pretended to have been transgressed is wounded and how much the Injuries are doubled and trebled upon their Fellow-members and the evil consequence thereof which if drawn into president who can count himself free either in Person or Estate The consequence of a wicked Sentence said Chancellor Bacon was infinitely worse then a wicked Fact as being held a President and Pattern whereby oppression beginning upon one is extended as warrantable upon all And this conclusion he draweth out of this place of Scripture Fons turbatus vena corrupta est justus cadens corum impio A just man falling into the hands of the wicked is like a Fountain troubled with the Foot or the Urin corrupted in the Body The honour of which arbitrary Sentences Censures and severe Judgments have stricken the Commonalty with Amazement that the Courts of Iustice ordained for publick preservation and safety should be wrested to enslave oppress ruin and destroy us How much that Mayor and Recorder have usurped upon the Rights and Liberties of these Prisoners is too apparent in their waving the Rules of Law and measuring out Iustice by their fantastical Discretions and Arbitrary Wills and Power the consequence of which cannot but he inevitably mischievious and inconvenient to both these that there were sensured and judged evil to the People of England hence was derived that excellent Maxim Melius sub iniquissima lege quam sub aquissimo arbitro vivere That is It s better to live under a hard and hush known written Law where every man may read his duty and know his Offence and Punishment then under the mildest Arbitrary Government where the Subject is condemned at the well of every Bench of Justice before which he shall appear without any certain or known Rules and Measures for the Offence and Punishment And how spetious soever the pretence for these proceedings may be we know that the pretence of necessity to act contrary to the known written Laws in the Mayor Recorder c. or any others is but to Usher in Tyranny and Oppression There appears no other end that this Bench had in this tortious sort of proceeding then to

the People of England Cit. But it s pretended That one of the Crimes charged upon the Jurors by the Recorder was for finding their Verdict against Law How can the Jury justifie such an Action Sure they are not as it is said Judges of Law but Fact Stud. Admitting they are so which will not he granted yet That a Jury can find against Law is to me a Paradox for as we say Where there is no Law there is no Transgression so where there is no Transgression there is no place for Law the Law being made for the Transgressor And said Learned Cook Exfacto jus oritur upon stating the Fact or transgression Law doth arise yea the Law doth grow out of the Root of the Fact Therefore it s one of their adjudged Cases That if a Jury find a matter of Fact but conclude against the Law the conclusion is void and the Court ought to give Judgment according to Law Now the Iury being the sole Iudges of Fact and matter in issue before them not finding the Fact on which the Law should arise cannot be said to find against the Law which is no other then a superstructure of Fact Then to say they have found against the Law when no fact is found is most impossible Cit. You have given me very good satisfaction as to the unreasonableness and illegallity of that Courts procedure and since I see the Law has made so good provision for our safety I purpose to appear upon the Jury according to my Summons but desire withal a little of your Direction about my Office of a Jury-man Stud. I am very confident that you would not willingly violate an Oath which you take but that there are such who as frequently break them as take them is too too much apparent through their careless custom on the one hand or slavish fear on the other against which I would fully caution you that you may defend your self against those Enemies of your Countries Peace and keep a good Conscience towards God and man First The Oath that 's administred to you at the Sessions is That you shall well and truly try and true deliverance make between our Soveraign Lord the King and the Prisoners at the Bar according to your Evidence Then is the Indictment read against the Prisoner either for his Life or Liberties which probably takes up a large time in debate and in examining Witnesses on both sides according as the Case may be And when the Iurors are commanded to withdraw that they may consult of their Verdict they soon forget that solemn Oath they took or that great charge of the Life and Liberty of men whereof they are made Judges and without one serious thought or consulted reason offered pro or con presently go to holding up of hands or some other way voting whether to find for Prosecutor or Prisoner so the Major votes of such shall dispose of mens Lives Liberties and Properties which the Law counts so dear to every man This practice is too customary among Iurors as I 'm credibly informed which occasions their dispatch of that business in a quarter of an hour which held the Court full six hours debate witness that second Iury that were sworn on the Prisoners last Sessions and tryed T. R. F. M. c. Therefore have a care of such Fellow-Iurors Secondly Such a slavish Fear attends many Iurors that let the Court direct to find Guilty or not Guilty accordingly they bring in their Verdict and therefore many of them never regard what the Evidence was more or less to prove the Indictment but as the Court sums it up they bring in as if Iurors were appointed for no other purpose but to eccho back to the Court as one observed what the Bench would have most Illegally and Arbitrarily acted upon such persons against whom they themselves Prosecute and Inform Now against those Companions I caution you to beware of Cit. I am very well satisfied that these Practices are too frequent amongst Jurors of which I have been Witness But pray what is the Reason that the Mayor turns Informer and forceth his Officers and Servant to prosecute Stud. You Citizens should best know the reason of your Magistrates Actions But it s most probable that your Mayor turns Informer to get Money into the Sheriffs Pockets who have purchased all the fines from the King which the last Sessions amounted to no less then 500 l. Cit. It s too apparent they are Confederated I have heard a muttering that they together have licked their Fingers of 500 l. and more of Cripple-Gate Ward Money I can give no certain account of the business but the Hugh and Cry is gone out and its like in a little time the Malefactors may be apprehonded And since London was incorporated I believe it never had such a pack of Knights to govern is But to our business Let me have some further direction Stud. My Advice to you is That those things in issue whereof you are proper Judges you still remember as I instanced before Ad questionem facti non respondent Judices If any injustice he done by the Court to a Prisoner by reason of their negligence or carelesness that injustice will lie at your door Qui non malum prohibet cum potest facit He that prevents not an Evil when it is in his power does it Therefore remember as you of the Iury are Iudges of the matters of Fact in issue that is Whether a thing sworn is to be believed or not Whether any thing offered be true or false Whether men met together to do such an Act against the Law or not in Manner and Form as the person is Indicted You are conscientiously to 〈◊〉 to Therefore First Observe well the Indictment that is read and the several Parts thereof both as to the Matter Manner and Form Secondly Take due notice and regard to the Evidence offered for Proof of the Indictment and each part of it as well to manner and form as matter which endeavour to write down or so much thereof as you are able and weighing them seriously together you may give a Verdict upon that joyned issue according to truth which is called by Cook veritatis dictum The Saying of Truth And observe That as you are sworn to try and deliver according to Evidence so also you deliver in your Verdict That the person you have had in Tryal it guilty in Manner and Form as the party stands indicted which thing you should very well weigh and though a person be proved to be guilty of some Fact or Misdemeanour yet if it be not also proved to be done in such Manner and Form as the party stands indicted he is not Guilty and ought to be acquitted by you Cit. But is not there both Law and Fact in an Indictment as those against W. P. and W. M. and the rest of the Quakers last Sessions And how shall a Jury deal in such Cases Stud. If matter

failes to render a Reason of its own Actions a Jury is therefore summoned of the Vicinage because it s alwayes presumed that the Neighbourhood are best acquained with the persons inhabiting or the Actions and Facts done or acted within their own Limits and Jurisdiction And that they themselves may know something of the matter in controversie being de Vicineto of the Vicinage where such matter was in action Therefore the Jury must be returned de vicineto of the place where the Fact was done and of men per quos rei veritas melius scire poterit by whom the truth of the matter may be better known so the Jury having some self-knowledge of the matters afore-hand besides hearing the Evidence may the better pronounce veritatis dictum or a just Verdict of the Fact Cit. But Wherein do you conceive a Jury-man may have self-knowledge of matter that may not as fully be evidenced by Witness Stud. It s probable First That they may know the Witness on the one side or the other to be persons of no Credit or Secondly They may know the Party accused to be a man otherwise qualified or principl'd then to do such an act or thing that is charged against him as for instance They may know a man to be 1. A Quiet Peaceable Quaker therefore no Fighter or Rioter or Routous Person 2. A Protestant of the Episcopal Church of England therefore no House-Preacher 3. An honest sober man amongst his Neighbours therefore probably no Thief or Robber And many other Instances might be offered to this purpose Cit. To fine a iury then for things which probably they may know of their own knowledge to be true or false seems very hard and surely our Jurors of London have met with hard usage to be fined and imprisoned for doing their duty in what the Laws of this Land have made them sole and proper Judges Stud. Their hard usage and severity to the Jurors is not so much as the ill-consequence that such practices will be to every English-man and their Posterity if not timely Remedied Cit. Truly the Citizens of London in general have much dreaded the late procedure at the Old-Baily and fear its a Fore-runner of much Mischief that may be acted in the Country who generally take London for a President in their Courts of Justice But pray what 's your Thoughts about these things Stud. The consequence of such Practices the Parliament have very well set forth in Chief Justice Keeling's Case 11 Dec. 1667. when they Voted That fining Juries were not only Innovations in the Tryals of men for their Lives and Liberties but that it was of Dangerous Consequence to the Lives and Liberties of the People of England and tended to the introducing of an Arbitrary Government And their reason was very good for the King sits not in Judgment upon his Subjects but by his Justices in his Courts and if the Iustices who are commanded to be guided by the Law shall contrary unto the Law fine and imprison Iuries for giving Verdicts in such matters which the Laws allow and appoint them to be proper Judges of Where then is the English-man tryed by his Peers and by the Law of the Land To deny us this free Tryal is to Rifle us of our Birth-right and most Arbitrarily and Tyrannically to deny us Equal Law Iustice and Right Cit. Surely when the Parliament meets again they will call these illegal Proceedings of that Bench to Question before them as well as they did Keeling ' s Stud. It as much concerns them in behalf of themselves and Posterity as any of us to curb these subordinate Iudges who have broken both their Oaths and the Law to run into those Arbitrary and Illegal Practices the consequence of which if suffered in a short time will be Sic volo sic jubeo stat pro ratione voluntas And it will necessarily follow That 1st Every Iustice of Peace Mayor Bailiffs of Corporations Stewards of Letts c. what ever matters are tried before them shall have Verdicts to their minds or Fine and Imprison the Iurors till they have so that such must be either pleased humored or gratified else no Iustice or Right to be had before them in their Courts 2d A further ill-consequence will be That although a person may challenge a Iury-man or Shereffs if they be of Kin to this Adversary yet he cannot challenge a Iustice Mayor c. who will have a Verdict for their Kinsman or Fine and Imprison them till they have so that by this means our Lives Liberties and Properties shall be solely tryed and wholly at the Will and in the power of every mercenary or corrupted Iustice Mayor Recorder Bailiff c. Cit. But has it been practicable in former times to fine and imprison Juries for finding contrary to Evidence as the Recorder pretends our Jurors have done Stud. No surely we find not one President in all our Books till Keeling's and he scaping that condign Punishment which the Parliament promised him your Recorder and Mayor has trod his Steps And pray see how such Iudgments on Iurors leave them remediless of relief which is sufficient ground to conclude such practices to be against the Law First It can never be tryed whether they found with or against their Evidence by reason no Writ of Error lies in the Case Secondly They are in worse condition then the Criminals that are tryed by them for in all civil Actions Informations Indictments Appeals and Writs of Error do lie into superior Courts to try their regular proceedings of the Inferior but here can be none Thirdly In the way of an Attaint the Truth or Falshood of a Iurors Verdict in matters of Fact may be tryed by another Iury but in this case the Iurors are concluded by reason that whether they have found with or against their Evidence can never be tryed Litt. Sect. 108. And further Reason which is Law tells us That as the Kings Iustices of the Law have given out that they ought not to have any Action brought against them if they shall in any thing err or mistake the Law So much the more twelve Jurors who are Judges of all matters in issue before them agreeing together in one ought not to be fined where they find a Verdict according to their Consciences albeit the Evidence may seem strong and clear to another person to the contrary of which the Jury have found For they may being de Vicineto where the Fact was done know something of their own knowledge of the matter of Fact before them which the Judge or Standers by are probably Strangers unto and ignorant of it Therefore the Knowledge of twelve men agreeing together ought to be preferred before the single Apprehension of any one Person whatsoever All which does manifest not only the Illegal and Arbitrary Proceedings of your Mayor and Recorder against those twelve men but the Ill and Dangerous Consequence of such Practices to all