Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	cause_n	defendant_n	plaintiff_n	1,980	5	10.2033	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80048	Judges judged out of their own mouthes or the question resolved by Magna charta, &c. Who have been Englands enemies, kings seducers, and peoples destroyers, from Hen. 3. to Hen. 8. and before and since. Stated by Sr. Edvvard Coke, Knt. late L. Chief Justice of England. Expostulated, and put to the vote of the people, by J. Jones, Gent. Whereunto is added eight observable points of law, executable by justices of peace.	Jones, J., Gent.; Coke, Edward, Sir, 1552-1634.; England. Magna Charta.	1650 (1650)	Wing C4938; Thomason E1414_1; ESTC R13507	46,191	120

Justices in Eyre should Try him Why not such a Writ still Since odium which the Lord C. defineth to be hatred and atia malice and Prisoners for those causes are no scanter now than in former times And why not Justices in Eyre made since competent Judges by Commission without Writs to determine such matters which before they could but inquire of by Writs as the Lord C. saith elsewhere though he saith here to try them imployed for that service And now if it be Lawfull for a Judge of the Kings-Bench to determine a debt and to grant an Habeas Corpus for money to bring the Prisoner before him to put in Bail Why should he take money for the Writ and refuse sufficient Bail tendred after Oath made of their sufficiency without the plantiffs consent Nay after acceptation of the Bail Why refuse to File it No Free-man shall be taken Ca 2.9 No Free man c. or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be Outlawed or Exiled or any way otherwise destroyed nor we shall not pass upon him but by lawfull judgement of his Peers or by the Law of the Land we shall sell to no man we shall denie or deferre to no man either Iustice or Right Free-man extends to Villains both Sexes Lord Coke upon Mag. Chart. Fol. 46 c. c. Vpon this Chapter as out of a root many fruitfull branches of the Law of England have sprung It containeth nine several Branches First That no man be taken or imprisoned but by the Law of the Land viz. The Common-Law Statute-Law or Customs of England c. Secondly No man shall be disseised viz. put out of his Freehold that is Land Livelihood or Liberties or free Customs such as belong to him by his free Birth-right unless it be by the lawfull judgement and verdict of his equals or by the Law of the Land that is to speak it once for all by the Due course and proces of the Law Thirdly no man shall be Outlawed or put off the Law viz. Deprived of the benefit of it unless he be Outlawed by the Law of the Land Fourthly No man shall be exiled c. unless according to the Law of the Land Fifthly No man shall be destroyed c. unless by verdict or according to the Law of the Land Sixthly No man shall be condemned c. but by the judgement of his equals or according to the Law of the Land Seventhly We shall sell to no man Justice or right Eighthly We shall denie no man Justice or right And Ninthly We shall deferre no man Justice or Right c. First Expost and Quer. If no man ought to be taken or imprisoned but by the Law of the Land viz. the Common-Law Statute-Law and Customs of England is it not cleared by our Expostulations before upon the 11. Chapter that Debtors are taken and imprisoned in the Kings-Bench contrarie to the Common-Law of England declared by Mag. Chart. contrarie to the chief Statute of England which is Mag. Char. and which the Lord Coke saith should live as was accorded by King and people for ever And contrarie to the Custom of England declared by Mag. Charta and also by the Lord Coke not to extend to the imprisonment of any Debtours but onely the Kings And are not Debtors other than the Kings so imprisoned as well elsewhere as in the Kings-Bench Secondly if no man shall be disseised viz. put out of his Freehold that is to say His Livelihood Liberties or Free-Customs such as belong to him by his Birth-right unless it be by the lawfull judgement and verdict of his equals or by the Law of the Land that is to say once for all by Due course and Proces of Law Are not Debtors disseised of their Livelihood Libertie and Freedom which belonged unto them as their Freehold by Birth right when they are imprisoned in London Westminster or elsewhere by Arrests and Actions for Debt whether due or not upon meer suggestions of Adversaries not so much to Judges as to Catch-pols without any judgement or verdict of their equals and without Due course or Proces of Law which should be Summons Attachment and Distringas before any Arrest as aforesaid Are they not taken in the Countrey from their Ploughs which are their Livelihood and their Countreys and their Freehold by Birth-right by vagant Bum-baylies and imprisoned there till they give bail to appear at Westminster and thence instead of being remanded home to their sweet Farm-houses large fields and industrious Agricultures are they not sent to stinking Goals close dungeons and idle Monk-cels whereby they are allowed little more ground to walk upon while they live than might serve them to lie under when they are dead Are not all the Corporations of England and their free-chosen Officers that should do them justice at home disseised of their Freeholds by Birth-right and Charters before and since Mag. Char. when they are prevented of the administration of justice in execution of their Offices to which they were sworn and heritable successively from their Ancestours by Custom long before Mag. Char. and since confirmed by the same and by Charters dated before and since by Certioraries Habeas Corpus c. before Judgement and pretence of Errors after and though never any proved or assigned yet the causes never remanded but detained at Westminster where the usual correction of pretended Errours is not by making any thing that is crooked straight but all that is straight crooked so that both Plantiffs and Defendants give their titles for lost in a mist commonly but he that hath the wrongfull possession and money holdeth it and he that hath the right and no money goes to his grave without it Are not all the People of England disseised of their Freehold Liberties Franchises and Free customs when they are deprived of that justice which they ought to have administred amongst them at home by virtue of the Kings Writs original for Enquiries and judicial for Determinations directed to Sheriffs of their own choise in their own Counties or Stewards of Hundreds and Court-Barons in their precincts where the Free-holders themselves are Judges themselves by ancient Common Laws and Customs of England before Mag. Char. and by it declared and confirmed unto them as aforesaid Can Writs of trespass executed for debt or Capiases grounded upon counterfeited Originals be construed by any Law to be due Proces of Law Thirdly Are men lawfully Outlawed upon Exigents for debt grounded upon a repealed Statute and are not all Debtors that are Outlawed so Outlawed Are men lawfully Outlawed that are Outlawed upon Exigents grounded upon Summonitus or Non est inventus counterfeitly returned by Attorneys who at the time of the return were no Sheriffs or competent officers and are not all or most Debtors and Trespassers that are Outlawed in London and Middlesex so Outlawed Are men lawfully Outlawed upon any Exigents that are Outlawed without the

that were before Magna Charta chosen by the peole as they were Ministers of Justice wherein the people were concerned And were they by this Act but restored to their ancient jurisdiction as the Lord Coke saith Sheriffs were Was not that alteration which was made by divers Acts of Parliament made by such Acts as were contrary to Magna Charta And are not or ought not all such Acts to be void as the L. Coke hath elsewhere said Doth not these contradictions declare the Lord Coke to have been distracted with spight and envy against ●ustices in Eyer And where in this leaf he would perswade the people to suspect Justices in Eyer of corruption and Monopolizing justice to wrong the people that chuse them can the people believe that these Justices who are to be chosen by them and to be displaced by them when and as often as they see cause will or can wrong them more than those chosen by the King and his Servants without their consents unless they can believe that they may be perswaded to give their consents to wrong themselves Is it not a Bull of less formality than ever any Popish Bull was keeping a man off with his Horns That he shall have no hold of his tail when he saith That the clause where no remedy was before c. ought to be expounded where no Action was given by the Kings Writs to be pursued at Common Law Since by the Statute of Marlebridge Justices in Eyer were to inquire by the Kings Writs and now are by express words of this chapter not onely to inquire but also to determine by virtue of their Commissions without the Kings Writs And what cause could they or can any other Court determine by virtue of their Commission without the Kings Writs but is Actionable by the Kings Writs What doth this Statute give by virtue of this Commission if all things Actionable by Writs be not determinable by these Commissions without Writs And what doth this Statute avail if not constructable as others so that there should be no failer of justice Where was the failer of justice but in the Kings Courts and Iudges in not executing justice upon the Offendors of Magna Charta Doth it not therefore appear that the said clause Where no Remedy was before ought to be expounded where no remedy was given before by Iustices in Westminster against the Kings Servants and themselves that were the greatest contractors in the breaches of Magna Charta Were not the Iustices in Eyer therefore inabled with a power to supply their defaults faults and to do right to the People against the King himself and all his Servants at Westminster that wilfully failed in their justice and power And where he saith The Justices called Trail Baston had like authoritie as Justices in eyer and committed Errors upon pretence thereof had all their proceedings transported to the Kings-Bench doth it not appear by the Statute called Ragman that those Iustices were made by the King without the consent of the people and sent abroad perhaps of purpose to err and abuse the people to give colour to the Kings-Bench to send their Writs of Error for the proceedings of the Iustices in Eyer upon pretence of like Errors so to suppress all Iustice against themselves and their Creatures Doth not the Lord Coke here withal prefer the chargeable delaies of causes spun out by Termes and Years before speedy justice done day by day at mens own doors which he calleth Piecipitat Doth he not ground this course for suppressing speedy justice by Writs of Errors upon the resolution of the Iudges at Westminster which he al leadgeth as sufficient to maister Authority given by Act of Parliament And is it not the resolution of all Lawyers that no power but Parliament is equal to Parliament and no Parliament to be so impowred as to cross Magna Charta and its Confirmations Doth he not further sol 559. alleadge the resolution of all the Iudges of England against the King and his Councel for an Erroneous Act when they had chosen a Sheriff for Lincoln in a case of necessity without the consent of the People But to hasten this Treatise to an end I shall end this Statute for this time with few chapters following viz. The King hath granted unto his people Cap. 8. Elect. of Sherifts that they shall have Election of their Sheriff in every Shire where the Sheriffalty is not of the Fee if they list I shall say no more to this than hath been said before In summons and Attachements in Plea of land C. 25. Summons A. ●ach the Whits from henceforth shall contain 15. days full at the least after the Common Law if it be not in Attachement of Assizes taken in the Kings presence or of Pleas before Iustices in Eyer during the Eyer Upon this I must ask Expost and Quer. Is not a Writ of Debt Summons Should not that be given to the party which ought to be summoned Should not an Attachement follow by distinction of 15. days as this Statute prescribeth Shall the repealed Statute of the 25th of Ed. the 3d serve Lawyers turns to make a distinction between a Plea real and Personal And shall that Writ of Summons be counterfeited either in it self or in its return as aforesaid Such Executions shall be done of them that make false Returns of Writs Ca. 16. False Retur of Wr. whereby right is deferred as it is ordained in the 2. Statute of Westminster with like pain at the Kings commandment This is an Act of Confirmation L. C. upon Ca. 16 f. 568. whereby the Statute of Westminster the 2d. cap. 39th touching false returns is confirmed Doth not the 2d Statute of Westminster cap. 39. say Expost Q. That the King hath commanded that Sheriffs shall be punished by the Justices once or twice if need be for such false Returns and if they offend a third time none shall have to do therewith but the King c Doth not the Court of Kings-Bench assume the King to be always there in Person And what they speak to be his own speech Is it not they therefore that should punish Sheriffs for their false Returns the third time of their offence But is it not indeed they and their Creatures as well as those of the Common-Pleas do make false Returns in the names of the Sheriffs of L●ndon and Middlesex and do consequently make those Sheriffs liable to Actions as aforesaid How can they punish those Sheriffs for those false Returns which they themselves suffer their Clerks to make unknown to the Sheriffs as aforesaid And who but they cause or suffer all Sheriffs falsly to Return Exigents with the words Per judicium Coronatorum and the Coroners names who know no such thing And if any man be Out-lawed without the judgement of the Coroners of his County or any mention made thereof in the Sheriffs Return is not that Outlawry as injurious