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
A66820	The high court of justice. Or Cromwells new slaughter-house in England With the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. Being the III. part of the Historie of independencie: written by the same author.; High court of justice	Walker, Clement, 1595-1651.; Andrews, Eusebius, d. 1650.	1651 (1651)	Wing W324D; ESTC R203985	41,776	78

testimony then a witnes ought to have from Judges 3ly It is publickly known that Ashe hath begged of the House a great summe of mony out of the Composition for or Confiscation of Sr. Johns Estate And 4ly It is known to many That during Sr. Johns many years Imprisonment Ashe often laboured with Sr. John to sell unto him for 4000l a Parcel of Land which cost Sr. John above 10000l promising him to passe his Composition at an easy rate to procure his enlargement from prison and send him home in peace and quiet if he granted his desire But although with all their malitious diligence they cannot finde him guilty of High Treason yet their Articles of Impeachment Charge him in general Tearms with Treason Murder Felony and other High Crimes and Misdemeaners and amasse together such a Sozites and and Accumulation of Offences as if one fail another shall hit right to make him punnishable in one kinde or other such a hailshot charge cannot wholly misse either they will have life estate or both Contrary to the Nature of all Enditements and Criminall Charges whatsoever which ought to be particular cleere and certain Lamb pag. 487 that the accused may knowe for what Crime he puts himself upon Issue But this Court as High as it is not being Constituted a Court of Recorde the Prisoner and those that are concerned in him can have no Recorde to resorte to either 1. To demande a writ of Error in Case of Erronious Judgement 2. To ground a plea of Auterfois Acquite in Case of New Question for the same fact 3ly Or to demande an Enlargement upon Acquitall or 4ly To demand a writ of conspiracy against such as have combined to betray the life of an Innocent man Whereby it followes That this prodigious Court hath power onely to Condemne and Execute not to Acquite and give Enlargement Contrary to the Nature of all Courtes of Iudicature and of Iustice it self it is therefore a meer Slaughter house to Commit Free State Murders in without nay against Law and Iustice and not a Court of Iudicature to condemne the Nocent and absolve the Innocent And the Iudges of this Court runne Paralell with their Father the Devill who is ever the Minister of Gods wrath and fury never of his Mercy The humble Answer of Col. Eusebius Andrewes Esquier to the Proceedings against him before the Honourable The high Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit Liberty of making farther Answer if it shall be adjudged necessary offereth to his Honorable Court That by the Stat. or Charter stiled Magna Charta which is the Fundamentall Law and ought to be the Standard of the Laws of England Confirmed above 30 times and yet unrepealed it is in the 29 Chapter thereof graunted and enacted 1. That no Free-man shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customes or be outlawed or exiled or any other wayes destroyed Nor we shall not passe upon him but by a lawfull Judgement of his Peers or by the Law of the Land 2. We shall sell to no man nor deferre to any man Justice or Right By the Stat. 42. Ed. III. chap. III. The Great Charter is commanded to be kept in all Points and it is enacted That if any Stat. be made to the Contrary That shall be holden for none By the Act 26. March 1650. entituled An Act for Establishing An High Court of Justice Power is given to this Court To Try Condemne and Cause Execution of death to be done upon the Freemen of England according as the Major Number of any 12 of the Members thereof shall Judge to appertein to Justice And thereupon the Respondent doth humbly inferre and affirme that the Tenor of the said Act is diametrically opposite to and inconsistent with the said Great Charter And is therefore by the said recited Stat. 42. Ed. III. to be holden for none Secondly That it can with no more Reason Equity or Iustice hold the reputation or value of a Law if the said Stat. had not bin then if contrary to the 2d Clause of the 29. chap. of Magna Charta it had bin also enacted That Justice and Right shall be deferred to all Freemen and sould to all that will buy it By the Petition of Right 3o Car upon premising That contrary to the Great Charter Trials and Executions had bin had and don against the Subjects by Commissions Martial c. it was thereby praied and by Commission enacted That 1. No Commissions of the like nature might be thenceforth issued c. 2. To prevent least any of the Subjects should be put to death Contrary to the Laws and Franchises of the Land The Respondent heereupon Humbly observeth and affirmeth That this Court is though under a different stile in nature and in the Proceedings thereby directed the same with a Commission Martiall The Free-men thereby being to be tried for life and adjudged by the Opinion of the Major Number of the Commissioners sitting as in Courtes of Commissioners Martiall was practised was agreeable to their Constitution And consequently against the Petition of Right in which he all the Freemen of England if it be granted there be any such hath and have Right and Interest and he humbly claimes his Right accordingly By the Declarations of this Parliament Dec. 15. Jan. 17. 1641. The benefit of the Laws and the ordinary Course of Justice are the Subjects Birthright By the Declarations 12. Iuly 16. Octob. 1642. The prosecution of the Laws and due administration of Justice are owned to be the justifying cause of the war and the end of the Parliaments Affaires managed by their Swords and Counsells and Gods curse is by them imprecated in case they should ever decline those ends By the Declaration 17. Aprill 1646. Promise was made not to interrupt the Course of Iustice in the ordinary Courts By the Ordinance or Votes of Non-addresses Ian. 1648. It is assured That though they lay aside the King yet they will govern by the Laws and not interrupt the course of Justice in the ordinary Courts thereof * And therefore this Respondent humbly averreth and affirmeth That the constitution of this Court is a breach of the Publike Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth affirme for Law and claimeth as is Right That 1. This Court in defect of the validity of the said Act by which it is constituted hath no power to proceed against him or to presse him to a further Answer 2. That by virtue of Magna Charta the Petition of Right the before recited Declarations he ought not to be proceeded against in this Court but by an ordinary Court of Iustice and to be tried by his Peers And humbly prayeth That this

proceedings but at their own pleasure 1. ARTICLE All Petitions heretofore tendered to the States or Cities Corporate against the erecting of New Episcopall Sees or against the Holy Inquisition or requiring a Moderation of Decrees or Acts of State or Parliament are accounted meer Conspiracies against God and the King 2. ARTICLE All Nobles Gentry Judges Magistrates and all others who connived at Hereticall Sermons plundering of Churches and delivering such Petitions as aforesaid pretending the necessitie of the times and did not resist and oppose them 3. ART Whosoever affirms That all his Majesties Subjects of Belgia have not forfeited their auncient Priviledges Immunities and Lawes for Treason and that it is not lawfull for the King to use and handle them for the aforesaid Treasons as he pleaseth to prevent the like Treasons for the time to come and that the King is not absolved thereby from all Oathes Promises Graunts Contracts and Obligations whatsoever 4. ART They that affirm This Counsell or high Court of Justice to exercise Tiranny in their Proceedings or Judgements and that they are not Supreme and competent Judges in all causes Criminal and Civil 5. ART Those that in case of Heresie deny that all manner of Informers and witnesses of whatsoever Degree and condition they be are to be credited and that upon the Testimony of any two witnesses this High Court ought to proceed to Judgement execution and conflication of life and goods without publishing the cause or charge and without any legal form of Triall All these are guilty of high Treason against God and the King The Rigor Cruelty and Injustice of this New erected Counsell of Bloud or High Court of Justice inforced the Lowe Countries to revolt and cast off the King of Spain LEt us now examine whether in some one little Province or Island belonging to that vast Roman Empire and in some meane petty fellowes Natives of that Island men even at home of obscure birth breeding and fortunes we can not finde examples of Ambition usurpation and Tiranny as high and transcendent as bloudy and destructive as covetous and greedy as any of the fore-cited presidents And which is worst of all carried on by those that call themselves Christians nay Saints which is more than they vouchsafe to Saint Peter and the rest of the Apostles though glorified Saints in the Church Triumphant and such as in all their bloudy oppressing cheating Designes promoted by perjury Treachery breach of Faith Oaths and publike Declarations pretend to the singular favour Providence and will of heaven as confidently as if they could shew Gods special commission to warrant Usurpation Treason Tyranny and Thievery It is not unknown by what Artifices frauds falsified promises Oaths and covenants a party of Antimonarchists Schismaticks and Anabaptists lurking in the Parliament fooled the People to contribute their blood and money towards the subduing of the King and in him of themselves and how by the same wayes and subtleties the said Party in the two Houses now combined openly under the Generall Title of Independents engaging and conspiring with the Officers of the Army and Souldiery expelled by armed force seven parts of eight of the House of Commons leaving not above 43 or 44 of their own engaged Party sitting men enriched with publike spoiles and voting under the power of the Armies commanders whose commands are now become a law to the said sitting Members as their Votes are become Laws to the Kingdome In Obedience to their said Masters of the Army The said Remainder of Commons voted down the House of Lords though an integrall and principall Member of the Parliament of England farr antienter then the House of Commons and having a power of Judicature and to administer an Oath which the House of Commons never had nor pretended to have untill this time that they overflow their Bounds and the whole Kingdomes under the protection of their Army which prerogative of the House of Lords is clearly demonstrated by the House of Commons standing bare before them at all conserences as the Grand Enquest doth before the Judges because they rejected the Ordinance for Triall of the King And now these Dregs and Lees of the House of Commons take upon them to be a compleat Parliament To enact and repeal Statutes to subvert the Fundamentall Government Laws and Liberties of the Land To pull up by the Roots without Legall proceedingss every mans private property and possession and destroy his life To burden the people with unsupportable unheard of unparliamentary Taxes Impositions Excise Freequarter buying of New Arms after the Countrey have been disarmed of their old Arms three times in one year Pressings and Levying of Souldiers Sequestrations Plundering of Houses and Horse and many other oppressions more than the Turk Russe or Tarter ever heard of of all which our Grandees are free and lay them upon others as partially as they please purposely to consume them To make Religion but a stalking horse to their designes and the Ministers thereof but hostlers to rub down curry and dresse it for their riding to whom they send Commands what they shall and shall not preach to the people as if preaching were the Ordinance of man not of God At last by way of preparative to their machinanations they passe these following votes 1. That all Supreme power is in the people 2. That the Supreme Authority under them is in the peoples Representatives or delegates in Parliament assembled Meaning themselves you may be sure the Quintessence and Elixar of the House of Commons extracted by those learned Chimicks Doctour Fairfax Doctour Cromwell and the rest graduated at that degraded University of Oxford Here note they voted the Supreme power to be in the people that they might use those Gulles as Conduit Pipes or Trunks to convey the Supreme Authority into themselves the better to enslave the people And tickle them whilest they fasten about their necks the Iron yoke of a Military Oligarchy wearing the Mask of a perpetuall Parliament 3. That whatsoever the Commons in Parliament shall enact shall have the power and force of an Act of Parliament or Law without the consent of the House of Lords or the Kings Koyal Assent any statute law custome or usage to the contrary notwithstandingr they might have said all our statutes laws customes c. notwithstanding This one vote hath more of Dissolution and more of Vsurpation and Innovation in it than any I yet ever read of This is universally Arbitrary and layes the Ax to the root of all our Lawes Liberties Lives and properties at once What these men will they vote What they vote is Law Therefore what they will is Law 4. That to wage warre or beare Arms against the Representative body of the People or Parliament is high Treason By the law all Treasons are committed against the King his Crown and Dignity 5. That the King hath taken up Armes against this Parliament and is therefore guilty

his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Iustice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shal be Necessary In all humblenesse for the present Answer offereth to this Honorable Court That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in Case of Treason For that 1. The said Court is not Constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon Record and but upon Record cannot at all have that Account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious Judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought untill Acquitall against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 42. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darleis Case 4. Rep. 43. Eliz. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. VI chap. 1. Diers Reports fol. 121. The year book of Ed. IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are thereby punishable the injured betrayed not vindicable Which are defects incompatible with a Court of Justice and inconsistent with Justice it self and the honor of a Christian Nation and Common-wealth 2. The members of this Court are by the said Act directed to be sworn 1. Not in Conspectu populi for the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and knowledge execute the severall powers given you by this Act 1. If the Court be Triers and Judges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as Triers in the sight of the Freeman who shall be upon his Triall 2. And That as Justices of Oyer and Terminer They being authorised to hear and determine by the words of the Act. They should take an oath such as is usual equal set down E. III Viz You shall sweare That well and lawfully you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemens life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust. of Peace fol. 13. the words are I A. B. do sweare that I will do equall Right c. according to my best wit cunning and power after the Laws and Customes of the Land and the Statutes thereof made c. 4. If the Court will be Judges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signall difference with the verdict of a Jury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your Evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. March 1650. is not broken literally as to be exactible by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And praies this his 2l Answer may be received with the Salvo's and registred Eusebius Andrewes The third Answer of Col. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and Liberty of making farther Answer if it shall be necessary in all humbleness for present Answer offereth to this Honorable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peeres men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peeres c. 1. That it is his Right to be tried only so appeares by Mazna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erronious So that if the Lawes and Courts were not obstructed in the cases of some sort of Freemen of England the whole proceedings contrary to these Lawes without a Jury of his Peeres were avoidable and reversable by Writ of Error as appeares by the Presidents vouched in the Respondents 2d Answer 3. That it is in the Courts power To try the Freeman and consequently the Respondent by a Jury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is authorised To hear and Determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their naturall Constitution and practicall execution do