Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	error_n	reverse_v	8,621	5	13.3244	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A46770	A declaration of Mr. David Jenkins now prisoner in the Tower of London, one of His Majesties judges in Wales, for trials, murthers, felonies and all other capitall crimes that they ought only to be by juries and not otherwise unlesse it be by Act of Parliament.	Jenkins, David, 1582-1663.	1647 (1647)	Wing J588; ESTC R1847	2,866	1

A Declaration of Mr. David Ienkins now Prisoner in the Tower of London one of his Maiesties Iudges in Wales for Trials Murthers Felonies and all other capitall crimes that they ough● only to be by Juries and not otherwise unlesse it be by Act of Parliament THe common Law of this Land is that every free man is subject to a tryall by a bill of Attainder in Parliament wherein his Majestie and both houses must necessarily concur for that tryall and attainder is an Act of Parliament to which all men are subject to No man shall otherwise be destroyed c. but by the lawfull judgement of his Peers or by the common law of the Land Peers to Noble men are Noble men peers to the Commons are Knights Gentlemen c. Judgement of peers refers to peers those words of the Law the land refers to the Commons the Law of the land is for the tryall of the life of a free Commoner by Indictment presentment of good and lawfull men where the deed is done or by writ originall of the common law all this is declared in Magna-Charta c. 29 a and by the 25. Ed. 3 c. 4.28 Ed. 3 c. 3.37 Ed. 3 c. 8.42 Ed. 3 c. 3 If the Lords will try any man by an Ordinance they destroy that excellent Act of Magna Charta and all those other good lawes Sir Simon de Bereford a free Commoner of England was condemned by the Lords to death by an Ordinance which after the Lords better considering the matter that they might be acquitted of that sentence became suters to the King that what they had so done in future time might not be drawn into presiddent because that which they had so don was against the Law b with this agrees the pructice and usage of all times in this land all the free Commoners of this Kingdome have alwaies been tayed and acquitted or condemned in capitall causes by Iuters of their equalls An Ordinance bindeth not in law at all c and but pro tempore as the two houses now affirme a mans life cannot be tried by that which is not binding and to continue for all times for a life lost cannot be restored By an act of Parliament of the 1. and 2. of Philip and Mary chapter 10. It is inacted that all tryalls for Treason hereafter to be had shall be according to the course of the Com-mon law If the crime charged upon any be Treason against the two houses against the Parliament it cannot be for there is no Parliament without the King that is no Treason in law as appeas by 25. Ed. 3 chap2 11 R. 2 ch. 3 ● Hen. 4 ch. 10 1. and 2. Philip and Mary chap. 10 An act of Parliament to make any a Judge where he is party is a yoid act d for none can be a Judge and party in the same cause and therefore the house of peers being a party touching the crime charged upon any man whom they would try by an Ordinance for Treason against both houses cannot be a Judge By the petition of right e if any man deserve death he ought to suffer the same according to the lawes of the Land established and not otherwise but an Ordinance of the Lords is no established law The Protestation the Vow and Covenant the solemn League and Covenant the Declarations of both Houses had made and published since this unnatuarll Warre are amongst other things sworne and set downe to be for the maintenance of the Lawes 〈…〉 Land ought to injoy the benifit of their Birth-right the law of the land and making good of the said protestation Vow and Covenant League and Covenant and Declarations otherwise Truth must be said and will be said that there is brought in a new arbitrary and Tyrannicall government If the Lords have taken one mans life by an ordinance they are not bound to take any more the case differs in case any appeale be made from a tryall by ordinance to a tryall at common law which was not done by that man whose life was taken away by an ordinance The Lords ought to remember that his Majesty and his progenitors have made them a house of Peers they are trusted to counsell him in peace f and defend him in warre his Majesty in Parliament is to consult and treat with his Peers and with his Counsell at law Iudges his Sergeants Atturney and Solicetor and masters of the chancery the Lords and that counsell by the respective writs of summons to Parliament are to give Counsell g the House of Commons by their writ to performe and consent In the House of Lords the Court of Parliament onely is for they onely examine upon oath h with them the King in person sits and by them there erroneous judgments upon a petition to his Majestie for obtaining of a writ of error by the advice of the Iudges are reversed or affirmed c. the Lords are to remember that their eminency and grandure is preserved by the lawes if they leave all to will and dishonour their King and make nothing of the Lawes they will make nothing of themselves in the end And therefore it is well worth your observation what was said by Mr. Iohn Pym a member of the house of Commons in speech against the Earle of Strafford in the beginning of the Parliament which speech is published by the expresse order of the house of Commons the words are these The law is that which puts a difference betwixt good and evill betwixt just and unjust if you take away the law all things will fal into a confusion every man will become a law unto himself which in the depraved condition of humane nature must needs produce many great enormities Lust will become a law and Envie will become a law coveteousnesse ambition will become lawes and what dictates what derisions such lawes will produce may easily be discerned i c. They that love this Common wealth as things now stand will use all meanes to procure an act of oblivion a generall pardon from his Majestie the Souldiers their Arrears and tender conscience a just and reasonable satisfaction else we all must perish first or last God preserve his Majestie and the lawes wherein their Lordships and the whole Kingdome are concerned David Ienkins Prisoner in the Tower of London 17 Ma. 1647. Jenkins David 1586?-1667 one of the judges for South Wales distinguished for his loyalty to and sufferings for the cause of Charles I. pub in 1618 12mo his Works consisting of his vindication occasional tracts c. which with some legal treatises c. were written in prison He is best known by his Eight Centuries of Reports Ex. Ch. and in Error 4 Hen. III. -21 Jac. I 1228-1623 3d ed. Lon. 1771-77 his treatise Lex Terrae Angliae 1647 4vo and his Pacis Consultum 1657 8vo See Athen. Oxon. Bridgman's Leg. Bibl. Marvin's Leg. Bibl. and authorities there cited Wallace's Reporters Disraeli's Comment on the Life and Reign of Charles I. a Mag. Char. chap. 29.2 part inst. fol. 28 29.4●.48.49.50 composed by Sir Ed. Cooke and published by the Order of the House of Commons in May 1641. b Rhot. par ● roule 4. Ed. 3 Num. 2 part inw page 50. with this agrees Sir John Lees case Ro●Par 41. E 3. Num. 22.23.2 inst. fol. 50 c See 4. part inst. fol 23 48.292 2. part inst. f. 47 48. d Dr. Bonams case 8. part of Cook reports e Petition of Right 3. C●r reget f Nevels case 2. part Cooke reports g 4. part insti. fol. 4.9 h 〈…〉 ●0 ●-14 Ed 3. c. ● i See I part book deel pag 140. 163.