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
A63255	The triumphs of justice over unjust judges exhibiting, I. the names and crimes of four and forty judges hang'd in one year in England, as murderers for their corrupt judgments, II. the case of the Lord Chief Justice Trefilian, hang'd at Tyburn, and all the rest of the judges of England (save one) banisht in K. Rich. the 2ds time, III. the crimes of Empson and Dudley, executed in K. Henry the 8th's days, IV. the proceedings of the ship-money-judges in the reign of K. Charles the first, V. diverse other presidents both antient and modern : to which is added VI. the judges oath, and some observations thereupon, humbly dedicated to the Lord Chief Justice Scroggs.	Philo-Dicaios.	1681 (1681)	Wing T2297; ESTC R3571	28,282	42

Justice was in those days Administred in the Countrey in Neighbouring Courts which yet as appears by the nature of the offences alledged against them had jus vitae necis power of life and death and so may properly be called Judges whose Names and particular Crimes here follow in the words of that worthy Author p. 296. of the French and p. 239 of the English Edition It is an abuse that Justices and their Officers who kill People by false judgment be not destroyed which King Alfred caused to be done who caused Forty four Iustices in one year to be hanged as Murderers fer their false judgments 1. He hanged Darling because he judged Sidulf to death for the retreat of Edulf his Son who afterward acquitted him of the Fact 2. He hanged Segnar who judged Ulf to death after sufficient acquittal 3. He hanged Cadwine because that he judged Hachwy to death without the Consent of all the Jurors for whereas he had put himself upon a jury of Twelve-men because that three would havesaved him against the Nine Cadwine removed the three and put others upon the jury upon whom Hachwy put not himself 4. He hanged Cole because he judged Ive to death when he was a Mad-man 5. He hanged Malme because he Judged Prat to death upon a false suggestion that he committed the felony 6. He hanged Athulf because he caused Copping to be hang'd before the Age of one and twenty years It was against Law then but now nequitia supplet Aetatem 7. He hanged Markes because he judged During to death by twelve men that were not sworn 8. He hanged Ostline because he judged Seaman to death by a false Warrant grounded upon false suggestion which supposed Seaman to be a Person in the warrant which he was not 9. He hanged Billing because he judged Leston to death by fraud In this manner he said to the People sit all ye here but he who killed the man and because that Leston did not sit with the other he commanded him to be hanged and said that he did assist where he knew he did not assist to kill the Party 10. He hanged Seafoul because he judged Ording to death as not answering 11. He hanged Thurston because he judged Thurgner to death by a Verdict of Inquest taken ex officio without Issue joyned 12. He hanged Athelston because he judged Herbert to death for an offence not mortal 13. He hanged Rambold because he judged Leschild in a Case not notorious without Appeal and without Indictment 14. He hanged Rolf because he judged Dunston to dye for an escape out of prison 15. He hanged Frebern because he judged Harpin to dye whereas the July were in doubt of their verdict for in doubtful cases one ough rather to save than condemn 16. He hanged Seabright who judged Athebrus to death because he had discharg'd one that had given a false judgment in a Case Capital 17. He hanged Hale because he saved Tristrain the Sherif from death who took to the Kings use from another goods against his will for as much as any such taking from another against his will and Robbery hath no difference 18. He hanged Arnold because he saved Bailifs who robbed the people by colour of Distresses some by selling Distresses such and others by extortion of Fines because between such tortious Acts and Robbery there was no difference 19. He hanged Erkinwald because he hanged Frankling for nought else but because he taught to him who vanquished him by Battle-mortal to say the word Cravant 20. He hanged Bermond because he caused Garbot to be beheaded by his judgment in England for that for which he was outlaw'd in Ireland 21. He hanged Alkman because he saved Cateman by colour of Disseisin who was Attaited of Burglary 22. He hanged Saxmond because he hanged Barold in England where the Kings Writ runneth for a fact which he did in the same Land where the Kings Writ did not run 23. He hanged Alflet because he judged a Clerk to death over whom he had no Cognizance 24. He hanged Piron because he judged Huntiny to death because he gave judgment in Appeal before the forty days pendant the Appeal by a Writ of false judgment before the King 25. He hanged Delani because he caused Eldons to be hanged who kill'd a man by misfortune 26. He hanged Oswin because he judged Fulcher to death out of Court 27. He hanged Mucdin because he hanged Helgrave by warrant of Indictment not special He hanged Horn because he hanged Simin at days forbidden 29. He hanged Wolmer because he judged Grant to death by colour of a Larceny of a thing which he had received by Title of Bailment 30. He hanged Therberne because he Judged Osgot to death for a Fact whereof he was Acquitted before against the same Plaintiffe which Acquittance he tendred to averre by Oath and because he would not averre it by Record Therbern would not allow of the Acquittal which he tendred him 31. He hanged Wolston because he adjudged Howbert to death at the suit of the King for a fact which Howbert confest and of which the King gave him his Pardon but he had no Charter thereof nevertheless he vouched the King to Warrant it and further tendred to averre it by Enrollment of the Chancery 32. He hanged Oskitell because he Judged Cutlinge to death by the Record of the Coroner where by Replication allowable the Plea did not hold And the Case was such Cutling was taken and Tortured so much as he confessed he had Mortally offended only to be quitted of the pain and Oskitell adjudged him to death upon such his Confession which he had made to the Coroner without trial of the truth of the Torture or the Fact And further the said King caused the Coroners and Officers Accessories to be apprehended who hanged the people and all those that might have hindred the false Judgment and did not hinder the same in all cases For he hanged all the Judges who had falsely saved any man guilty of Death or hath falsely hanged any man against Law or any reasonable Exception He hanged the Suitors of Calevot because they had adjudged a man to death in a case not notorious although he were guilty thereof for no man can Judge within the Realm but the King or his Commissaries except those Lords in whose Lordships the Kings Writ doth not run He hanged the Suitors of Dorcester because they Judged a man to death by Jurors in their Liberty for a Felony done out of it and whereof they had not the Conusance by reason of forraignty He hanged the Suitors of Cirencester because they kept a man so long in Prison that he dyed in prison who would have acquitted himself by Forraigners that he offended not Feloniously 'T is supposed these Suitors of each place were Four in Number which compleats the number of 44. Hanged in all In his time also the Suitors of Doncaster lost their Jurisdiction besides other Punishments because

England was to be done whereupon a Scire Facias issued out of the Exchequer reciting the said Writs to warn Mr. Hampden amongst others to shew Cause why he should not be Charged with this Money Upon this he being Summoned Appeared and demanded Oyer of those Writs and Schedule which being Entred he Demurr'd in Law that is demanded the Opinion and Judgment of the Court of Exchequer Whether this Writ were sufficient in Law to Force him to pay the said Twenty Shillings This being a Great and General Case the Barons of the Exchequer desired the Assistance of the rest of the Judges who did Joyn accordingly The Case was argued first by Councel on both Sides and next by the Judges severally of whom Sir Richard Hutton Knight one of the Judges of the Common-Pleas and Sir Richard Crook Knight one of the Judges of the King 's Bench in large and learned Arguments since Printed did shew the Illegality of such Writs and gave their Opinion That the Defendant Hampden ought not to be Charged But the rest of the Judges were resolved to carry the Point for the King and accordingly gave their Opinions That the Defendant ought to be Charged And then it was the Part of the Barons of the Exchequer to give Judgment which was Entred in these Words Quod seperalia Brevia predicta Retorn ' eorundem ac Schedul ' praedict ' eisdem Annex ' ac materia in eisdem content ' sufficient ' in Lege Exist ' ad praefat Johannem Hampdem de predictis viginti solidis super ipsum informa ex causa praedictae Assessae onerand Ideo consideratum est per eosdem Barones quod pr●●…ctus Johannes Hampden de eisdem viginti solidis oneretur inde satisfaciat That the said several Writs and Returns thereof and the Schedules thereunto annex't and the Matter in the same contained are sufficient in Law to Charge the said John Hampden with the Twenty Shillings upon him in the Form and by Vertue of the Assessment afore-said imposed Therefore it is considered by the said Barons That the said John Hampden shall be Charged and shall satisfy the same This Judgment was imposed as such an Infallible Determination of the Law in this Case that no further Dispute would be allow'd thereof to any others insomuch that a Person of Honour having a Case depending in the King 's Bench was denyed any Argument or Debate concerning the Right of Ship-Money for no other Reason but that it had been by the former Judgment decided already in the Exchequer It may perhaps be said This Imposition of Ship-Money was small and inconsiderable Mr. Hampden a Gentleman of a fair Fstare was Assessed but Twenty Shillings And Why should any Body-scruple such a petty Business when the King Commanded it Was not the Remedy far worse than the Disease Why should any Subject exspend a great deal of Money in Law to avoid Payment of so Trivial a Sum Or What Harm could accrue to the Publick by the Judges allowing the King Power to Impose such an Assessment when it was for the Defence of the Realm from Eminent and Imminent Danger and he exerted that Power so favourably c. In Answer to such Objections it must be said That true it is it was then only Mr. Hampden's Case but the whole Nation every individual Subject of England was concern'd in it nay so far concern'd that all his Estate and Liberty was therein given up The Question was not Quantum but Quo Jure If Publick Danger might give the King Title to lay Impositions without a Parliament and He alone were Judge of such Danger When might it not be alledged If Twenty Shillings were Assessed on Mr. Hampden that Year How did it appear but Twenty Pounds might be required the next and Two Thousand Pounds the Year following And What Use what Occasion would the Court have had for ever afterwards of a Parliament But as to the Illegality of these Ship-Writs I refer the Reader to Judge Crook's Argument where the same is Demonstrated to be against the Common-Law against divers Statutes not to be maintain'd by any Prerogative or Power Royal unwarrantable by any former Precedents c. Let us see then what were the Consequences of these Extrajudicial Opinions and this Illegal Judgment of the Judges First As to the King They thereby mis-led him as much as in them lay to Discompose the Harmony of Government to Entrench upon the Property of His Subjects and contrary to his Intentions by Colour of Right to violate the Laws which no doubt that Good Prince meant to have preserv'd Inviolable Secondly As to the Subjects They were not only hereby Injured but their Affections Alienated from their Sovereign which to occasion is no doubt a very High because almost Irreparable Treason The Genuine Sense of these Resolutions being no less than this That the King of England as often as Himself pleaseth may declare the Kingdom to be in Danger and that so often His Majesty for Prevention of such Dangers may by His Writ under the Great Seal of England alter the Property of the Subject's Goods without their Consent in Parliamen and that in such Proportions as His Majesty shall think fit And besides may deprive them of the Liberty of their Persons and that in such Manner as Himself shall please Thirdly As to the Judges themselves It prov'd deservedly Fatal For no sooner was a Parliament Call'd but they were call'd to Account for these their Illegal Opinions and Judgment And after a long Debate on Monday the Seventh of December 1640. these Four several Votes Passed upon them without so much as One Negative Voice to any of them viz. First THat the Charge imposed upon the Subjects for the Providing and Furnishing of Ships and the Assessments for Raising of Money for that purpose commonly called Ship-Money are against the Laws of the Realm the Subjects Right of Property and contrary to former Resolutions in Parliament and to the Petition of Right Secondly That the Extrajudicial Opinions of the Iudges Published in the Star-Chamber and Inrolled in the Courts at Westminster before Recited in the whole and in every part of them are against the Laws of the Realm the Right of Property and the Liberty of the Subjects and contrary to former Resolutions in Parliament and to the Petition of Right Thirdly That the Writ to the Sheriff of Bucks particularly Recited and the other Writs commonly called Ship-Writs are against the Laws of the Realm the Right of Property and the Liberty of the Subjects and contrary to former Resolutions in Parliament and to the Petition of Right Fourthly That the Iudgment in Mr. Hampden's Case as before Recited in the matter and substance thereof and in that it was conceived that Mr. Hampden was any way Chargeable is against the Laws of the Realm the Right of Property the Liberty of the Subjects and contrary to former Resolutions in Parliament and to the Petition of Right These

Barons of our Court of Exchequer Charles Rex TRusty and Well-beloved We greet you well Taking into our Princely Consideration that the Honour and Safety of this our Realm of England the Preservation whereof is Only Entrusted to our Care was and is more nearly concern'd than in late or former times as well by divers Counsels and Attempts to take from us the Dominion of the Seas of which we are sole Lord and Right Owner and Proprietor and the Loss whereof would be of greatest Danger and Peril to this Kingdom and other our Dominions and many other ways We for the avoiding of these and the like Dangers well Weighing with our self that where the Good and Safety of the Kingdom in general is concern'd and the whole Kingdom in Danger there the Charge and Defence ought to be Borne by all the Realm in general did for the preventing so publick a Mischief resolve with our self to have a Royal Navy prepared that might be of Force and Power with Almighty God's Blessing and Assistance to Protect and Defend this our Realm and our Subjects therein from all such Perils and Dangers And for that purpose we Issued forth Writs under our great Seal of England Directed to all our Sheriffs of our several Counties of England and Wales Commanding thereby all our said Subjects in every City Town and Village to provide such a Number of Ships well-furnish't as might serve for this Royal Purpose and which might be done with the greatest Equality that could be In performance whereof though generally throughout all the Counties of this our Realm we have found in our Subjects great Chearfulness and Alacrity which we Graciously Interpret as a Testimony as well of their Dutiful Affection to us and our Service as of the Respect they have to the Publick which well becometh every good Subject Nevertheless finding that some few happily out of Ignorance what the Laws and Customs of this Realm are or out of a desire to be eased in their Particulars how General soever their Charge be or ought to be have not yet Paid and Contributed to their several Rates and Sessments that were set upon them And foreseeing in our Princely Wisdom divers Suits and Actions are not unlike to be Commenced and Prosecuted in our several Courts at Westminster We desirous to avoid such Inconveniencies and out of our Princely Love and Affection to all our People being willing to prevent such Errors as any of our Loving Subjects may happen to run into have thought fit in a Case of this Nature to Advise with you our Judges who we doubt not are well Studied and Informed in the Rights of our Sovereignty and because the Tryals of our several Courts by the Formalities in Pleading will require a long Protraction We have thought fit by this Letter directed to you All to require your Judgments in the Case as it is set down in the Inclosed Paper which will not only gain Time but also be of more Authority to over-rule any Prejudicate Opinions of others in the Point Given under Our Signet at Our Court of White-Hall the Second of February in the Twelfth Year of Our Reign 1636. The CASE propounded in the Paper inclosed was thus worded Charles Rex WHen the Good and Safety of the Kingdom in General is concern'd and the whole Kingdom in Danger Whether may not the KING by Writ under the Great Seal of England Command all the Subjects in His Kingdom at their Charge to Provide and Furnish such Number of Ships with Men Victuals and Munition and for such Time as He shall think fit for the Defence and Safe-guard of the Kingdom from such Danger and Peril And by Law compel the Doing thereof in case of Refusal or Refractoriness And Whether in such Case is not the KING the sole Judge both of the Danger and when and how the same is to be prevented and avoided To which the JVDGES delivered their Opinions as followeth May it please Your most Excellent Majesty WE have according to Your Majestie 's Command severally and every Man by himself and All of us together taken into Serious Consideration the Case and Questions Signed by Your Majesty and inclosed in Your Letter And We are of Opinion That when the Good and Safety of the Kingdom in General is Concern'd and the whole Kingdom in Danger Your Majesty may by Writ under the Great Seal of England Command all the Subjects of This Your Kingdom at their Charge to Provide and Furnish such Number of Ships with Men Victuals and Ammunition and for such Time as Your Majesty shall think fit for the Defence and Safe-guard of the Kingdom from such Peril and Danger And that by Law Your Majesty may Compel the Doing thereof in case of Refusal or Refractoriness And we are also of Opinion That in such Case Your Majesty is the sole Judge both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Hum. Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barclay Francis Crawley Richard Weston But it is to be noted That though all the Judges did thus Sign this Answer yet it was not according to all their Opinions for Crook and Hutton dis-assented and declared That such a Charge could not be laid by any such Writ but by Parliament But the Major-Part of the Judges being absolutely Resolved upon that Opinion pressed them to Subscribe likewise with the rest for that the Greater Number must involve and conclude the Less which they said was usual in all Cases of Reference And that the Lesser Number must submit to the Opinion of the More although they varied in Opinion As in the Courts of Law If Three Judges agree in Opinion against One or Two where there is Five Judges Judgment is to be Entred per Curiam if the Major Part agree and the Others are to submit unto it c. These are the very Words of Judge Crook excusing himself for having thus Subscribed See the Arguments on Hampden's Case p. 12. Having thus got the Business back't with the Subscriptions of all the Judges of England the same were Enrolled in all the Courts of Westminster-Hall And now they began to Prosecute briskly all the Defaulters amongst whom the Chiefest was John Hampden of Buckingham-shire Esquire who had upon one of these Ship Writs directed to the Sheriff of that County been Assessed Twenty Shillings for his Lands in Stoke-Mandevil in that County which not being paid was Certified amongst others into the Chancery upon a Writ of Certiorari Dated 9 Martii Anno 12. Car. by a Schedule thereunto annexed and by a Writ of Mittimus Teste 5 Maii 13 Car. transmitted into the Exchequer with a Command there to do for the Leavying of the Sums so Assessed and Unpaid Prout de Jure secundum Legem Regni nostri Angliae suerit faciendum So as of Right and according to the Law of our Kingdom of