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
A91263	A seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen (their best inheritance, birthright, security, against arbitrary, tyrannicall, and Egyptian burdens) and of their strenuous defence in all former ages; of late years most dangerously undermined, and almost totally subverted, under the specious disguise of their defence and future establishment, upon a sure basis, their pretended, greatest propugners. Wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, ... that to attempt or effect the subversion of all or any of them, ... is high treason: ... / By William Prynne of Swainswick, Esquire.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 1	Prynne, William, 1600-1669.	1654 (1654)	Wing P4062; Thomason E812_10; ESTC R207634	45,225	63

and in new illegall Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3. That no Freeman of England unlesse it be by Speciall Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own Countrey much lesse out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by ancient Tenures and Charters save onely upon the sudden coming of strange enemies into the Realm and then he is to array himself onely in such sort as he is bound to do by the ancient Laws and Customes of the Kingdome still in force 4. That no Freeman of England may or ought to be disinherited disseised dispossessed or deprived of any inheritance Freehold Liberty Custome Franchise Chattle Goods whatsoever without his own Gift Grant or free Consent unlesse it be by lawfull Processe Triall and Judgement of his Peers or special Grant by act of Parliament 5. That the old received Government Lawes Statutes Customes Priviledges Courts of Justice legal Processe of the Kingdome and Crown ought not to be altered repealed suppressed nor any new form of Government Law Statute Ordinance Court of Judicature Writs or legal Proceedings instituted or imposed on all or any of the Free-men of England by any Person or Persons but onely in and by the Kingdomes free and full consent in a lawfull Parliament wherein the Legislative Power solely resides 6. That Parliaments ought to be duly summoned and held for the good and safety of the Kingdome every year or every three years at least or so often as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all oother Elective Officers ought to be free That all Members of Parliament hereditary or Elective ought to be present and there freely to speak and vote according to their judgements and Consciences without any over-awing Guards to terrifie them and none to be forced or secluded thence And that all Parliaments not thus duly summoned elected whilst held but unduly packed and all Acts of Parliament fraudulently and forcibly procured by indirect means ought to be nulled repealed as void and of dangerous president 7. That neither the Kings nor any Subjects of the Kingdome of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm 8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors violence and Conspiracies And that no Subject of this Realm who according to his duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign enemies or Rebels shall lose or forfeit any thing for doing his true duty service and Allegiance to him therein but utterly discharged of all vexation trouble or losse 9. That no publick Warre by Land or Sea ought to be made or levied with or against any Forreign Nation or Publick Truce or League entred into with Forreign Realms or States to bind the Nation without their Common advice and consent in Parliament 10. That the ancient Honours Manors Lands Rents Revenues Inheritances Right and perquisites of the Crown of England originally settled thereon for the Ease Exemption of the people from all kind of Taxes payments whatsoever unlesse in cases of extraordinary necessity and for defraying all the constant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Embassadors Garisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdening of the people And that all Sales Alienations Gifts or Grants thereof to the empairing of the publick Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have frequently been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must shew here but briefly touch for brevity sake having elsewhere fully debated them in print I shall specially recommend unto him the perusall of such Tractates and Arguments formerly published wherein each of them hath been fully discussed which he may peruse at his best leasure The first of these Fundamentalls which I ●ntend principally to infist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortescue Lord Chief Justice and Chancellour of England de laudibus Legum Angliae dedicated by him to King Henry the 6. f. 25. c. 36. f. 84. By a learned and necessary Argument against impositions in Parliament of 7. Jacobi by a late Reverend Judge printed at London 1641. By Mr. William Hakewell in his Liberty of the Subject against Impositions maintained in an Argument in the Parliament of 7. Jacobi printed at London 1641. By Judge Crooks and Judge Huttons Arguments concerning Shipmony both printed at London 1641. By the Case of Shipmony briefly discussed London 1640. by Mr. St. Johns Argument and Speech against Shipmony printed at London 1641. By Sir Edward Cook in his 1. Institutes p. 46. and 57. to 64. and 528. to 537. By the 1. and 2. Remonstrance of the Lords and Commons in Parliament against the Commission of Array Exact Collection p. 386. to 398. and 850. to 890. and by my own Humble Remonstrance against Shipmony London 1643. The fourth part of the Soveraign power of Parliaments and Kingdomes p. 14. to 26. and my Legall Vindications of the Liberties of England against Illegall Taxes c. London 1649. and by the Records and Statutes cited in the ensuing Chapter referring for the most part to the first Proposition The second third and fourth of them are largely debated and confirmed by a Conference desired by the Lords and had by a Committee of both Houses concerning the Rights and Priviledges of the Subject 3. Aprilis 4. Caroli printed at London 1642. By Sir Edward Cook in his Institutes on Magna Charta c. 29. p. 45. to 57. By the 1. and 2. Remonstrance of the Lords and Commons against the Commission of Array Exact Collection p. 386. c. 850. to 890. By Judge Crooks and Judge Huttons Arguments against Shipmony By Sir Robert Cotton his Posthuma p. 222. to 269. By my Breviate of the Prelates encroachments on the Kings Prerogative and Subjects Liberties p. 138. c. My new discovery of the Prelates tyranny p. 137. to 183. and some of the ensuing Statutes and Records The fifth and sixth of them are fully cleared and vindicated in and by the Prologues of all our Councils Statutes Laws before and since the Conquest By Sir Edward Cooks 4. Institutes ch 1. Mr. Cromptons Jurisdiction of Courts Title High Court of Parliament My Soveraign power of Parliaments and Kingdomes p. 1 2 3 4. My Legal Vindication against illegal Taxes and pretended Acts of Parliament London 1649 Prynne the Member reconciled to Prynne the Barrester printed the same year My Historicall Collection of the ancient great Councils of the Parliaments of England London 1649. My Truth triumphing over Falshood Antiquity over Novelty London 1645. and some of the Records hereafter transcribed In this I shall be more sparing because so fully confirmed in these and other Treatises The seventh is ratified by Sir Edward Cooks 1. Institutes p. 97 98. 4. Institutes p. 89. and 5. Report Cawdries Case of the Kings Ecclesiasticall Lawes and Rastals Abridgement of Statutes Tit. Provisors Praemunire and Rome 11. H. 7. c. 1. and other Records and Statutes in the ensuing Chapter The eighth and ninth are fully debated in my Soveraign Power of Parliaments and Kingdomes Part. 2. p. 3. to 34. Part fourth p. 162. to 170. and touched in Sir Robert Cottons Posthuma p. 174. 179. How all and every of these Fundamentall Liberties Rights Franchises Lawes have been unparalelledly violated subverted in all and every particular of late years beyond all Presidents in the worst of former ages even by their greatest pretended Propugners their own printed Edicts Instruments Ordinances Papers together with their illegall oppressions Taxes Excises Imposts Rapines violences Proceedings of all kinds whereof I shall give a brief accompt in its due place will sufficiently evidence if compared with the premised propositions Which abundantly confirm the truth of our Saviours words John 10. 1. 10. and this rule of Johannis Angelius Wenderhagen Politicae Synopticae lib. 3. c. 9. sect 11. p. 310. Hinc Regulae loco notandum Quod omne Regnum Vi Armata acquisitum in Effectu Subditis Semper in durioris Servitutis conditiones arripiat licet à principio Ducedinem prurientibus spirare videatur Ideo cunctis hoc cavendum Nè temerè se duci patiantur FINIS

at Aiciston Hill in Oxfordshire where they intended their first meeting b See the Journals of both Houses and Act for his Attainder Mr. Pyms Declaration upon the whole matter of the Charge of High Treason against him April the 12. 1641. M. St. Iohns Argument at Law at his Attainder and Diurnal Occurrences 9. To come nearer to our present times and case In the last Parliament of King Charls Anno 1640. 1641. The whole house of Commons impeached Thomas Earl of Strafford Lord Deputy of Ireland of High Treason amongst other Articles for this crime especially wherein all the other centred That he hath TREASONABLY ENDEVOURED by his Words Actions and Counsels to SUBVERT THE FUNDAMENTALL LAWS OF ENGLAND and IRELAND and introduce an Arbitrary and Tyrannicall Government This the whole Parliament declared and adjudged to be High Treason in and by their votes and a speciall Act of Parliament for his Attainder for which he was condemned and soon after executed on Tower Hill as a Traytour to the King and Kingdome May 22. 1641. c See the Commons and Lords Iournals his printed impeachment Mr. Pyms Speech thereat Canbuties Doom p. 25 26 2● 38 40 10. The whole House of Commons the same Parliament impeached William Laud Archbishop of Canterbury of HIGH TREASON in these very terms February 6. 1640. First That he hath trayterously endeavoured to subvert Fundamentall Lawes and Government of this Kingdome of England and instead thereof to introduce An Arbitrary and Tyrannicall Government against Law See chap. 2. Proposition 1. and he to that end hath wickedly and TRAYTEROUSLY advised his Majesty that he might at his own will and pleasure L●vy and take money of his Subjects without their consent in Parliament and and this he affirmed was warrantable by the Law of God Secondly He hath for the better accomplishment of that his Trayterous design advised and procured Sermons and other Discourses to be preached printed and published in which the Authority of Parliaments and the force of the Lawes of this Kingdome have been denyed and absolute and unlimited Power over the persons and estates of his Majesties Subjects maintained and defended not onely in the King but in himself and other Bishops against the Law Thirdly He hath by Letters Messages Threats and promises and by divers other wayes to Judges and other Ministers of Justice interrupted perverted and at other times by means aforesaid hath endevoured to interrupt and pervert the course of Justice in his Majesties Courts at Westminster and other Courts TO THE SUBVERSION OF THE LAWS OF THIS KINGDOME whereby sundry of his Majesties Subjects have been stopt in their just suits deprived of their lawfull Rights and subjected to his Tyrannical will to their ruine and destruction Fourthly That he hath trayterously endevoured to corrupt the other Courts of Justice by a vising and procuring his Majesty to sell places of Judicature and other offices CONTRARY TO THE LAWS and CUSTOMES in that behalf Fifthly He hath TRAYTEROUSLY caused a Book of Canons to be compiled and published without any lawfull warrant and Authority in that behalf in which pretended Canons many matters are contained contrary to the Kings Prerogative to the fundamentall Laws and Statutes of this Realm to the Rights of Parliament to the Property and Liberty of the Subject and matters tending to sedition and of dangerous consequence and to the establishing of a vast unlawfull presumptuous power in himself and his Successors c. Seventhly That he hath trayterously endevored to alter and subvert Gods true Religion BY LAW ESTABLISHED and instead thereof to set up Popish Religion and Idolatry And to that end hath declared and maintained in Speeches and Printed Books divers Popish Doctrines and opinions contrary to to the Articles of Religion ESTABLISHED BY LAW He hath urged and enjoyned divers Popish and Superstitious Ceremonies WITHOVT ANY WARRANT OF LAW and hath cruelly persecuted those who have opposed the same by corporall punishments and imprisonments and most unjustly vexed others who refused to conform thereunto by Eccclesiasticall Censures Excommunication Suspension Deprivation and Degradation CONTRARY TO THE LAWS OF THIS KINGDOME 13. He did by his own authority and power contrary to Law procure sundry of his Majesties Subjects and enforced the Clergy of this Kingdome to contribute towards the maintenance of the war against the Scots That to preserve himself from being questioned for these and other his Trayterous Courses he hath laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments All which being proved against him at his Triall were after solemn Argum●nt by Mr. Samuel Brown in behalf of the Commons House proved and soon after adjudged to be High Treason at the Common Law by both Houses of Parliament and so declared in the Ordinance for his Attainder for which he was condemned and beheaded as a Traitor against the King Law and Kingdome on Tower hill January 10. 1644. 11. In the a See the Commons and Lords Journals Durnal Occurrences p. 15 16 19. 37. 191. to 264. and Mr. St. Iohns Speech at a conscience of both Houses of Parliament concerning shi●mony and these Judges Together with the Speeches of Mr. Hide Mr. Walker Mr. P●erpoint Mr. Denzill Hollis at their impeachments ●uly 16. 1641. aggravating their offences in Diurnall Occurrences and Speeches same Parliament December 21. Jan. 14. February 11. 1640. and July 6. 1641. Sir John Finch then Lord Keeper chief Justice Bramston Judge Berkly Judge Crawly Chief Baron Davenport Baron Weston and Baron Turnour were accused and impeached by the House of Commons by several Articles transmitted to the Lords OF HIGH TREASON for that they had Traitorously and wickedly endeavoured to subvert the Fundamentall Laws and est●blished Government of the Realm of ENGLAND and instead thereof to introduce an Arbitrary and Tyrannicall Government against Law which they had declared by Traiterous and wicked words opinions judgement and more especially in this their extrajudiciall opinion subscribed by them in the case of Ship-money viz. We are of opinion that when the good and safety of the Kingdome in generall is concerned and the whole kingdome in danger Your Majesty may by Writ under the Great Seal of England without consent in Parliament command all your Subjects of this your Kingdome See ch 2. Proposition 1. at their charge to provide and furnish such a number of Ships with Men Victuall and Ammunition and for such time as your Majesty shall think fit for the Defence and safeguard of the Kingdome from such danger and perill And we are of opinion that in such case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoided And likewise for arguing and giving iudgment accordingly in Master John Hempdens case in the Exchequer Chamber in the point of Ship money in Aprill 1638. which said Opinions