Selected quad for the lemma: judgement_n
Text snippets containing the quad
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A82212
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A declaration of the povver of the Lords and Commons assembled in Parliament clearing their authority to judge delinquents for high-treason, and other high misdemeanors. With a full ansvver to all Judge Jenkins his arguments.
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1648
(1648)
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Wing D738; Thomason E429_6; ESTC R204222
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4,822
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8
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any Man of an obdurate judgement would have denied that there was Anima Rationalis then Aristotle must prove there is Homo and Anima Rationalis will be drawne in by consequence Prove Homo prove a Parliament and Anima Rationalis which is Judicature will be drawne in by consequence besides I am protected by the Verse Judicis officium est ut res ita tempore rerum Quaerere Next I must offer that which the Law hath a tender respect unto even the ends of Parliament Exitus acta probat These I finde thus to be capitulated by Sir Edward Coke Primo ad subditos a delinquendo declinandos hoc est ut delicta tam bonis cautisque legibus tam debita carundam executione anticiparentur now if debita executio legum can be in Parliament inflicted upon delinquentes subditos without legall proceedings and triall except they will say nothing and so be prest to death I leave it to be argued amongst punies 2. Vt tuta tranquillaque sit vita hominum but certainly the life of man in not preserved by the impunity of offendors which must passe sublata judicatura 3. Vt fixis quibusdam sanctionibus sanciisque judiciis jus unicuique fierit but whether jus implies not punishing malefactors as well as relieving the oppressed Crudelitas parcens being more destructive to the Commonweal then Crudelitas puniens I leave it to be argued among children Fleta saith a Parliament is called Terminare dubitationes judiciorum novis injuriis emersis nova constituere remedia unicuique prout meruerit justitiam retribuere Treason and Murther is injuria Death and the losse of the offenders goods is remedium the end of a Parliament is to apply this remedy Then our Parliament must have a short cut in triall We must condemne without hearing of any part for why should they heare if they have no power to determine A Parliament then is a structure founded upon the Common laws of England as is manifest in its proceedings upon many trialls according to the course of the Common Laws It is the heir apparent to the Common Law and parent of the Statute Law To make this position passe for touch I will give you the Test of that ancient and learned Author of the book intituled Mirror de les Justicies in his owne words Hoc cum sit forum in hoc regno place supremum pars est structurae jurium municipalium nonnunquam secundum frequentem illum usitatum in lege communi ordinem processus habet Parliaments are the very starres which we must saile by their Presidents the miridian sun we must observe to finde the Latitude of our proceedings by In its Etymologie it is Altissima Curia but how illfavouredly this name becomes it if one Justice of Assize may heare and determine capitall offences and this Altissima Curia not have power of a grand Jury to him to find Billa vera Yet aske this Justice of Assize by what president in this Kingdome he adventures upon this service Aske of the Justice of Peace by what Presidents he takes notice of Presentments Indictments awards the alias the plures Capias and his power must take footing from Parliaments Inquire of the Court of Chancery for its Equity for the power of Writs and Judgements Inquire the power of the Kings Bench for a Wager of battaile in an appeale Inquire of the Courts of Common-pleas for their authority in any of their rules of Court Nay inquire of the petty-Constable by what power he executes his office nay for the carrying of his painted staffe and they will returne but starved and hungry arguments except they fetch it from the Parliament Admit we had no interest in Presidents were it not durus sermo that the long and well settled rites of Parliament should fall to the ground for want of a President which undoubtedly hath power in it selfe to make a President not repugnant to Law Who knows not but in the former darke and Tragicall times that most part of the Rolls and Records of this Kingdome were destroyed by William the Conquerour and that the end of others was the Antitype of the end of the world even a dissolution by fire some layd in horse loads in every corner of the streets for Dung-hilrakers to pick antiquities up and Taylors to make measures of This Epidemicall consumption of our Records was a fatall and dismall injury to this Kingdom in it selfe but it will wound us afresh if our selves and posterity for want of them though no fault in us then unborne should permit Treasons Repines Murthers Disturbers of the Kingdome and Common-weale passe with impunity The first man that ever suffered for Treason if want of a President would excuse him might have begot Traytors to third and fourth generation with impunity My house hath taken fire I call for water to quench it I would suppose him mad that would advise me to let it burne to the ground because my neighbour would not quench his and therefore I want a President We will impute it unto the integrity of those times that have not fostred such unbounded spirits to attempt such crimes as might leave Presidents of this nature It is Justice that those who will renew Presidents of long buried crimes should renew or create Presidents of deserved tryall and punishment I have mustered some few Arguments in vindication of the Judicature of the Parliament in this Kingdome they are valid enough for the intricacie of the question Where tacks will serve what needs ten-penny nayles A good face wants no band A valid Parliament wants no assertions for its Jurisdiction and such is this present Parliament There is nothing now left but that as I have spent some time in scanning a Parliament with Judicature since Contrariae contrariis â—ppâ—sâ—â—a magis elucescunt we may cast a smiling eye upon that pretty silken bug-beare of State a Parliament without Judicature Curia altissima must be Curia infima Curia magna must be Curia minima It will resemble a sword with guilt hilts and a blade made of a larth Whereas then all Courts were derived from it now al Courts may insult upon it The cloth of State no man ought to name without reverence will esteeme it selfe in a deplorable and widowed estate for the death of her only consort JVDICATVRE And like the single Turtle mourn whilst the Cushions of the Toulesale prick up their ears Me thinks the Lyons roar the strings of the Harps break and sourd in discord the Flower de luces wither to bee stretched out in a place 〈◊〉 Judicature None sits under that Pavilion that bears the sword in 〈◊〉 â—he high priz'd tincture of the Lords robes begins to fade the Erâ—â—â—s lose their complexion if they lose their Judicature That wel becomming title to a Nation Peerage would hand downe its head blush and curse the influences in its nativity if it should come to such an untimely end Their Speaker may study silence and report that himselfe which they never read nor heard of A Parliament without JVDICATVRE The House of Commons that were hitherto stiles Prudentum Conveâ—â—â—â— may impeach but little wit and the Lords remedy them with as lâ—tâ—le â—ower Call and call Impeach and Impeach and demand Justice frâ—â— the titular Lords that can neither helpe themselves nor them And ministers of the Assembly may sit attendants on the Houses in reâ—â—â—â— of intricate mysteries in Judicature that happen to be discussed before the Tribunall though most venerable in their own sphear like so many Plovers prick'd down for Stales with this Motto Videâ—tâ—r et non sunt The Common-Law speaks our Parliament and its Judicature the Statute Laws confirm it Presidents strengthen in Reason even undeniable reason fortifies it FINIS
A DECLARATION OF THE POVVER OF THE LORDS and COMMONS Assembled in PARLIAMENT Clearing Their Authority to Judge Delinquents for High-Treason and other high MISDEMEANORS WITH A Full ANSVVER to all Judge Jenkins his Arguments Printed at London by Robert Ibbitson in Smithfield neere the Queens-head Tavern 1648. Feb. 26 Imprimatur Gilb. Mabbot IF in the computation of all times we have had a Parliament unquestionable in substance in forme in all necessary adjuncts and now even now when eclipsed Justice like the Sun imprisoned under a cloud breaks forth with lustre be concluded in defect of Judicature I say the stars have had malignant aspects in this our Horizon Anima est tota in toto tota in qualibet parte Judicature in the Soule of this great compacted body and enjoyes that diffusive property The power of Judicature must be founded upon a preparatory Impeachment and this prepatory Impeachment must be framed by the Commons House who must justifie themselves not guilty of the title of fooles by the Wiseman to lay a foundation and never consider by what means the structure is to be finished nay excuse themselves from that generall remonstrance of a generall Grievance Extrajudiciall Proceedings The Lords are Peers of the Realme the Commons are an House of the Parliament the health of these will much advantage the preservation of the whole Compound nay on the contrary the Gout is as mortall and dolorous as the Head-ache Beside their commenced proceeding against the parties impeached of high Treason though seasoned with much moderation and temper are of rige age and blush to be kept in long coats which are now suspended by which mis-interpreted rumor of our Jurisdiction drawn into question the Commons of this Kingdome openly proclaime That to be excessive vicious is to be secure and that facts of Treason are above the cognisance and punishment of the Acts of Reason and the Lawes and Statutes of this Kingdome Survey this High Court of Parliament Parliament did I say From what radix Parler le mens the speech of the mind This must be attended with judgement and reason but I thinke we speak with none of these if we cannot maintaine our Jurisdiction This is its Etymologie which is warranted by the best Antiquary of his time Vetusto nomine e Gallia mutato Parliamentum dicitur This High Court hath not been confined to this individuall appellation but hath been christned by severall god-fathers Majores nostri Anglo-Saxones intituled it Prudentum Conventus Concilium Magnus Conventus Succeeding Historiographers Commune Concillum Curta Altissima Generale Placitum Curia magna Magnatum Conventus Commune totius regni Concilium Praesentia Regis Praelatorum Procerumque collectorum But certainly if they intended these flourishing titles to a Parliament without Judicature they spoke of their riding to Parliament not sitting in it An unhappy Parliament like the City Myndas whose gates were so wide that the City might run out of them To allow these to be synonyma's of Parliament and to disallow Judicature were but heathen-like to confesse the Jews to bee the people of God and yet fight against them Neither are these up-started Titles or new-bought Coates of Armes that this High Court blazons No they are venerable for their Antiquity and of most ancient birth and extraction Mulmuccius of some called Donwallo did write two books of the Brittains the one called Statata Municipalia the other Leges Judiciariae for so the same do signifie in the Brittish tongue wherein he wrote the same which is as much to say as the Statute Law and Common Law which books were written 441. years before the Incarnation of Christ and how should there be Statute Laws without a Parliament King Alfred ordained for a perpetuall usage That twice in the yeare or oftner if need be they should assemble themselves at London to treat in Parliament of the government of the people of God how they should keep themselves from sin should live in quiet and receive right by holy Laws and Judgements In the Heptarchy Parliaments had their continuance witnesse the stile of Parliaments in the time of Ina King of the West-Saxons Ego Ina Dei gratia c. Congregatione servorum Die sollicitus de salute animarum vestrarum statu regni mei constitui rectum conjugium justa judicia pro stabilitate confirmatione populi mei benigna sedulitate celebrari nullo Aldermano vel alicui de toto regimine nostro liceat conscripta abolere judicia So did Offa King of the Mercians and Ethelbert King of Kent In the reigne of King Athelston his Acts of Parliament are stiled thus Haec sunt judicia Exonae quae sapienies Concilio Ethelstani Regis instituerunt iterum apud Frefresham tertia vice apud ubi haec definita simul confirmata sunt Here I finde a Parliament summoned Concilio Regis prorogued in those words Iterum tertia vice the Royall assent in the words Confirmata sunt the dissolution Definita sunt King Edgar tells us they are Instituta quae Edgardus Rex concilio sapientum c. King Etheldred Hoc est Concilium quod Etheldredus Rex omnes supien tes c. King Edmond calls it Conventus Sapientum Spiritualium Temporalium The Parliament of King Canutus at Winchefler bore this title Haec sunt statuta Canuti Regis Anglorum Danorum Norvegarum venerando ejus sapientum concilio ad laudem glorian Dei sui regalitatem commune commodum babita in sancto natali Domini apud Wintoniam Here we begin to make Land and descry a visible Title to a Parliament being in substance and forme nearly allyed unto the Presidents of these very times and though some will contest this word Parliament bears date but from the third yeare of Edw. 1. yet mee thinks those words in the ninth year of Ed. 2. being the immediate successor to Ed. 1. might convince them viz. Sciatis quod quum dudum temporibus progenitorum nostrorum quondem regum Angliae in diversis Parliamentis suis c. which word Progenitorum had been improper if that name had commenced in his fathers reighne In one word time out of minde this high Court and its Judicature hath flourished before the Conquest in the Conquest notwithstanding that silent leges inter arma and ever since the Conquest untill this present houre Me thinks I appeare as one drawing his Sword transversing his ground lying upon his guard there being neither offence nor opposition You may say What need you waken so many sleepy Records to prove Parliaments have been who is it of so desperate an opinion that offers it in question What David ap Jenkin ap Judge Whosoever they were that instilled this jealousie of Judicature into the peoples thoughts did ipso facto subvert Parliaments and the strong rooted rites thereof Aristotle bids us not to dispute utrum nix sit alba and the like visible and apparent truths but if