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	justice_n	writ_n	1,630	5	9.1550	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89100	Captaine Audley Marvin's speech delivered in the upper house to the Lords in Parliament May 24, 1641 concerning the iudicature of the high court of Parliament.; Speech delivered in the Upper House to the Lords in Parliament May 24, 1641	Mervyn, Audley, Sir, d. 1675.	1641 (1641)	Wing M1888; ESTC R42671	9,161	19

statuit praecipit leges Anglicanas in Hibernia ita quod leges easdem in scripturas redactas reliquit sub sigillo suo ad Scaccarium Dublin Shall I repeate the very words recorded Rot. Patent 18. H. 3. Rex c. Comitibus Baronibus militibus liberis hominibus omnibus alijs de terra Hyberniae Salutem Quia manifeste esse dinoscitur contra coronam dignitatem nostram consuetudines leges regni nostri Angliae qua● bonae memoriae Dominus Iohannes Rex Pater noster de communi ommium de Hybernia consensu teneri statuit in terra illa quod placita tencantur de curia Christianitatis de advocationibus Ecclesiarium Capellarum vel de Laico foedo vel de Catallis quae non sunt testamento vel matrimonio Vobis mandamus prohibentes quatenus hujusmodi placita in Curiae Christianitatis nulla tenus sequi praesonatis in manifestum dignitatis Coronae nostrae praejudicium Scituri pro certo quod si feceritis dedimus in mandatis Iudiciario nostro Hiberniae Statuta Curiae nostra in Anglia contra transgressiones hujus mandati nostri cum justitia procedat quod nostrum est exequatur Teste Rege apud Winchomb 28. Octob. an regni 18. My Lords I have read this Roll at large because I perceive a holy indignation in this Prince that the officers of this Kingdome would hold Pleas not sutable in every respect unto the Laws and Customes of England adjudging the practice to be in manifestum dignitatis coronae nostrae praejudicium Then observe the warning piece Vobis mandamus prohibentes c. then the punishment Scituri pro certo c. But the Iudges in those dayes were not so acute in case they had incurred it Yet the Sophisters of Law in this Kingdome may finde that King not unprovided with his answer for the words are Dedimus in mandatis c. Statuta Curiae nostrae in Anglia contra transgressiones c. So that then the Statutes and Rules of the Courts in England may be Presidents both for triall and punishment Rot. Pat. 30. H. 3. Rex c. prs communi utilitate terrae Hyberniae pro unitate terrarum provisum est quod omnes leges consuetudines quae in regno Angliae tenentur in Hybernia teneantur eadem terra eisdem legibus subjaceat ac per easdem regatur sicut Iob ●n●es Rex cum illic esset statuit firmiter mandavit Ideo volumus quod omnia brevia de communi jure quae curr●nt in Anglia similiter currant in Hybernia sub novo sigillo Regis Here are the old Lawes and Writs differing in nothing but in a new Seale which I wonder none of our witty Informers take advantage to make it an essentiall difference 13. H. 1. Coram rege in longo placito I reade una eadem esse debet Lex tam in regno Angliae quam Hyberniae My Lords I will adde but this Quotation which I hapned upon this morning 2. Rich. 3. fol. 12. in Camera stellata Terra Hyberniae inter se habet Parliamentum omnimodas Curias prout in Anglia per idem Parliamentum sacit leges mutat leges illi de eadem terra non obligantur per Statuta in Anglia quia hi non habent milites Parliamenti Here is a Graunt of Parliament past unto us of this Kingdome with all his appurtenances rites and members as they were formerly or now held by the Subjects of England from or by his Majestie Pray my Lords why are these cleere records preserved to posteritie to raise or to confirme doubts That then their Parliaments are the very starres by which we must saile by their Presidents the meridian sun we must observe to find the Latitude of our proceeddings the last rehearsed rolls proclaime vouredly this name becomes it if one Iustice of Assize may heare and determine capitall offences and this Altissima Curia not have power of a grand Iury to him to finde Billa vera Yet aske this Iustice of Assize by what president in this Kingdome he adventures upon this service Aske of the Iustice of peace by what Presidents he takes notice of Presentments Indictments awards the alias the plures Capias and his Presidents must take shipping out of England Inquire of the Court of Chancery for its presidents of Equitie for the Presidents of Writs and judgements Inquire of the Kings Bench for a President in Ireland for a Wager of battaile in an appeale Inquire of the Courts of Common-pleas for their Presidents in any of their rules of Court Nay inquire of the pettie Constable by what President in Ireland he executes his office nay for the carrying of his painted staffe and they will returne but starved and hungry arguments except they ship their Presidents out of England But admit my Lords we had no interest in the Presidents of England 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 knowes not but in the former darke and Tragicall times that all or the most part of the Roles and Records of this Kingdome were kept in Breminghams Tower and that the end of them was the Antitype of the end of the world even a dissolution by fire some layd in horse loades in every corner of the streetes for dunghill-rakers to pick antiquities up Taylors to make measures of This Epidemicall consumption of our Records was a want of them though no fault in us then unborne should permit Treasons Rapines Murthers Disturbers of the King Kingdome and Common-weale not onely passe with impunitie but be established in the greatest places of Iudicature as if Treason were the square of the Law and Allegeance become Treason Praised be Almighty God this Kingdome is not so barren of the Professors of the Law but I see those persons in my eyes that can with more respect unto the dignitie of His Majesties Crowne with more regard unto his Majesties most Sacred and inviolable Oath with more content to the whole Kingdome personate the King amiable to his people in the dispensation of Iustice in the High Offices of the Iudges impeached Yet my Lords notwithstanding the Bonsires of our Rolles I will offer one President or two by which the ancient Iudicature of the Parliament in this Kingdome will appeare in triumphant colours In a Parliament held in this Kingdome in Hen. 5. time Richard O Heydan Bishop of Casshell was impeached in 30. Articles by Iohn Gese Bishop of Waterford 3. Articles were for counterfeiting the Kings Seale for counterfeiting the Kings Letters Patent for endeavouring to make himself King of Munster so that the Parliaments in this Kingdome have not been confined to triall of petty Larcenies and most properly should punish with the Sword committing the rod

Captaine Audley Marvin's SPEECH DELIVERED IN THE VPPER HOVSE TO THE LORDS IN PARLIAMENT 24. May 1641. Concerning the Iudicature of the High Court of PARLIAMENT DVBLIN ¶ Printed Anno Dom. 1641. CAPTAINE AVDLEY MARVYN'S SPEECH Delivered in the upper House to the LORDS 24. of May 1641. MY LORDS SUch was the well composed Module and Beauty of those Letters of Royall Grace and Favour which by a select Committee of both Houses were treated upon that to say you may be pleased to remember them were an Injurie especially since the Arguments of those severall Conferences were all sealed up with this wel-warranted opinion that every word in them ought to be writ in letters of gold ingraved in brasse that present and succeeding times might reade them with greedy eyes speaking in their own Dialect the Embleme of a most indulgent Prince the Characters of Iustice and Equitie and the Monumentall Records of unparallel'd goodnesse triumphing in his Majesties brest as in the Spheare of their proper activitie The Letter concerning the validitie of our Parliament and the second concerning the Graces are twins of a Royall birth joyned in conjugall bonds by His Majestie 〈◊〉 without a valid and effectuall Parliament to out Graces is not to call idlers that are piping and dancing in the Market to work in the vineyard but to call the labourers out of the vineyard to pipe and dance in the Market place or if you please almost as ill sutable as a Parliament without Iudicature These two Letters so wedded we have lodged in one sheet I meane included in one instrument which being ready to be presented in its own Dimensions I will not now epitomize In the third and last Letter demanding Presidents from the upper House of the Lords for their Iudicature His Majestie speakes Harmoniously to us though in a different key he is beautifull though his brow be not so smoothly limb'd in it as in the former for certainly it is an eminent policie in a Prince and an evident happinesse to government not to suffer poyson to lodge in his cares especially such a quick spreading and pestilentiall poyson as would eate out the Basis and foundation of Parliaments and putrifie those nerves and Ligatures by which His most Excellent Majestie and We his most loyall Subjects have ever been are and maugre their black and fatall suggestions shall be upostatically united May it please your Majestie Hic niger est hunc tu Romane Caveto My Lords I must in the name of the House of Commons intreate your patience whilst I present unto your Lordships a ruste-drawn Map of the Iurisdiction of this high Court of Parliament I shall imitate a Lands-cape sust shew it you remote and in its primitive times scare discernable whether Land or no Land whether a Parliament or no Parliament then we shall saile neerer untill we come within been befriended in the course of our Navigation by our sailes we shall split on our own Anchor I meane 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 ecclipsed Iustice like the Sun imprisoned under a cloud breaks forth with lustre be concluded in defect of Iudicature I say the stars have had malignant aspects in this our horizon But first my Lords since in the strict words of the Letter the house of the Lords seemes onely interested we may be thought to make an inrode upon your Priviledges and to be pragmaticall without president though not without presumption Truely my Lords Anima est tota in toto tota in qualibet parte Iudicature is the Soule of this great compacted body and injoyes that diffusive property The times were when both Houses sate in one place and had one Speaker and since the power of Iudicature must be founded upon a preparatorie Impeachments and this preparatorie Impeachment must be framed by the Commons house we must justifie our selves 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 our selves from that generall remonstrance of a generall Grievance Extrajudiciall Proceedings Your Lordships are under his Majestie the Chiefe be pleased to admit us Members though the feet 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-ach Besides my Lords our commenced proceedings against the parties impeached of high Treason though seasoned with much moderation and temper are of ripe age 〈…〉 in long coats which are now suspend-drawne into question the Commons of this Kingdome openly proclayme That to bee 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 So my Lords it being out of dispute and yet desiring not to be misconstrued that we would make stakes with you in your own and proper Iudicature that we are deeply interested in this Particular I shall returne unto my first Proposition and survay this high Court of Parliament Parliament did I say From what radix Parler le ment the speech of the minde this must be attended with judgement and reason but I thinke we speake with none of these if we cannot maintaine our Iurisdiction This is its Etymologie which is warranted by the best Antiquarie of his time Vetusto nomine è Gallia mutato Parliamentum dicitur This high Court hath not beene confin'd to this individuall appellation but hath beene christned by severall god-fathers Majores nostri Anglo-saxones intitled it Prudentum Conventus Concilium Magnus Conventusr Succeeding Historiographers Commune Concilium Curia Altissima Generale placitum Curia magna Magnatum Conventus Commune totius regni Concilium Prasentia Regis Pralatorum procitumque Collectorum But certainely if they intended these flourishing titles to a Parliament without Iudicature they spoke of their riding to Parliament not sitting in it An unhappy Parliament like the Citie Myndas whose Gates were so wide that the City might runne out of them To allow these to be Synonimas of Parliament and to disallow Iudicature were but Iewish-like to say All ha●le King of the Iewes and in the meane time Grucifie Neyther my Lords are these upstarted Titles or new bought Coates of Armes that this high Court blazons No my Lords they are venerable for their Antiquitie and of most ancient birth and extraction Mulmuccius of some called Donwallo did write two Bookes of the Lawes of the Brittons the one called Statuta Municipalia the other Leges Iudiciariae for so the same doe signifie in the Brittish tongue wherein he wrote the same which is asmuch to say as the Statute Law and Common Law which Bookes were written 441. yeares before the Incarnation of Christ and how should there be Statute Lawes without a Parliament King Alfred ordayned for a perpetuall