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	sheriff_n	writ_n	1,474	5	9.6609	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87639	Jurors judges of law and fact or, certain observations of certain differences in points of law between a certain reverend judg, called Andr. Horn, and an uncertain author of a certain paper, printed by one Francis Neale this year 1650. styled, A letter of due censure and redargution to Lievt. Col. John Lilburn, touching his tryall at Guild-Hall, London in Octob. 1649. subscribed H.P. Written by John Jones, gent. Not for any vindication of Mr. Lilburn against any injury which the said author doth him, who can best vindicate himself by due cours of law; if not rather leav it to God whose right is to revenge the wrongs of his servants. Nor of my self, but of what I have written much contrary to the tenents of this letter; and for the confirmation of the free people of England, that regard their libertie, propertie, and birthright, to beleev and stand to the truth that I have written, so far as they shall finde it ratified by the lawes of God and this land; and to beware of flatterers that endevor to seduce them under colour of good counsel, to betray their freedoms to perpetual slavery.	Jones, John, of Neyath, Brecon.	1650 (1650)	Wing J970; Thomason E1414_2; ESTC R209436	24,554	117

for the same offence that he is acquitted of by so due a Course of Law Doth it not moreover follow that by traducing that Verdict and acquittall you consequentlie traduce not onely the Jurie but also the Councell of State and the Parliament that Confirmed the same as aforesaid And are not you therefore lyable not onely to the severall Actions of everie Juror but also of Scandalum magnatum But what need you care you are too cunning for them all in Concealing your name at large from them whom you slander at large and send your Book to them with a sine me Liber ibis in urbem so that they know not when where or how to finde you out by that uncertain notion or mark of H. P. Which for any thing I know may fignify some Soapstuff as well as any mans name but take heed least John smell you out and contemperate you in his Compounds for some simple corrasive ingredient which he useth not to any intent of malice but to eat off som of your proud flesh and not to destroy any sound part in you as you say in the title of your Book you use your reproof to him to make a speciall kind of soap to wash the brains of such Orators as perswade men to becom such fools as to make no use of Lawfull exceptions against their Judges especially Commissaries to save their lives and the tongues of such Sycophants as under pretence of reproving the meanest and weakest sort of sinners approve and improve the greatest and strongest kinde of Murtherers Traytors Perjurers c. viz. Commissary Judges in generall in their practise at large But more to the matter where you say in your 5th head in the same 3d page of your Libell The 5th thing you say deserveth a keen reproof of all honest men was Mr. Lilburnes assayling the sinceritie of his Jury and page 21. you say he promoted his 12. men c. and caused them to imploy their new given Jurisdiction onely to the advantage of the giver Truly Sir I must confess that if Mr. Lilburne assailed the sinceritie of his Jury he was to blame but I cannot find by any thing you prove that he did so for the Clamor of the People who were not his disciples as you belie them and him too were not in his power to stop more then in yours or mine had we been there for if they would not obey the Crier of the Court they would not have obeyed us more then him who desired as he needed rather to be heard then disturbed and distracted with Clamors And for his blandishments to his Jurie good Language became him to give and them to receiv but not such adulations as you give all Commissary Judges And to use all the lawfull means he could to inform them and all his Auditors that knew him not nor his innocence in that Cause and merit in others and thereby to prolong his life in the Land which the Lord his God hath given him and to keep himself a living sacrifice to and for his God untill it please his Dietie to call him to his mercy by the Ordinarie way of common death or to inspire him to fight again in his Masters Battell and Countries service whereby he may dye an extraordinary death more to his Masters glory and his own honor then by casting away his life to becom a dead sacrifice to the malice of men whether Commissary Judges such as you plead for or other flattering Sycophants such as you make your self I conceiv to be no fault in Mr. Lilburne In the next place where you say Mr. Lilburne promoted his 12 men to a new Jurisdiction I am sure that is another Lie of yours for you may read in the Lord Cooks Institutions upon the 35 Chapter of Magna Carta That County Courts Court Barons Sheriffs-Turnies and Leets were in use before King Alphreds time In all which Courts the Jurors were the Judges their then untraversable Verdicts were the Judgments in all Causes And Sheriffs and Stewards who were the Kings Commissary Judges in their Turnies and Leets as now they are the States were and still are but the suitors Clerks in Counties Hundreds and Court Barons to enter their Judgments and do execution thereupon by themselvs and their Bayliffs as publique servants or Ministers of common Justice to their Jurors and the rest of the Common Wealth See Mr. Kitchen Fo. 43. yet were they as absolute Commissary Judges by vertue of their Writs when they have them for matters above 4 s. as the Judges at Westminster ever were or can be by their Commissions And all Common Pleas between Party and Party and the King Queen and Prince were accounted but Parties as other Plaintiffs and defendants in such Pleas were holden in the County Court from Month to Month untill for the ease of the People especially husband-men to follow their business The King with their assents divided the view of Frank pledg from the Sheriff who by all the Peoples affent in Parliament 9. Ed. 2d was to be thence forth assigned by the Chancellor the Kings Commissiary Judge in his Turnies called before the Kings own Turnies to see Justice done from County to County And all the free pledges of every County together once every 7. years which is since to be done by Sheriffs twice yearly and gave them to Lords of Mannors so that their Tenants and Resiants should have the same Justice in their Leets and Court Barons as they had in the Sheriffs turnies and County Courts at their own doors without any charge or loss of time And for the same reason saith the Lord Cook in the same place Hundreds were divided from Sheriffs viz. that none should be troubled further or out of their Lords Court at all at which Courts saith Mr. Horn p. 7. Justice was so done that every one so judged his neighbor by such Judgment as none could elswhere receiv in the like cases untill such time as the Customs of the Realm were put in writing And as the County Courts Hundred Courts and Court Barons were of one Jurisdiction so were Turnies and Leets and so all of them are and ought to be still therefore you must consider that there be three sorts of Jurisdictions viz. Soveraign assigned and ordinary of these you may read in the Mirror p. 7. in these words viz. It was assented unto that these things following should belong to Kings and the right of the Crowne viz. Soveraign Jurisdiction c. which is now fixed in the Keepers of the Liberties of England by vertue whereof among other things all Writs Commissions warrants Commitments Liberates or discharges run in their names as they did in the Kings so that none are Imprisonable or dischargable but in their names consider therefore again that this assent was the Peoples whereby Kings who before and without this assent were not Kings but ordinary men that could have but ordinary Jurisdiction as others had Soveraign

Jurisdiction as now the Keepers of the Liberties of England have by the Authoritie of Parliament which is the Representative of the People given them by the People with a reservation of their ordinary lurisdiction viz. reserved in by and unto them in King Edward 1 his time and ever before and since by reason also of which soveraign and Royall Jurisdiction as you may further read Mirror p. 287. Kings were called and counted as now the Keepers of the Liberties of England ought to be fountains of Justice and ordained because they could not be alwaies every where themselvs as Moses did by Jethro's Councell Institute Captains over hundreds Fifties c. and now the Keepers of the Liberties of England do and must ordain Commissary Judges viz. Commissioners or Judges by their Commissions missions or Writs to supply their presence and do their office in their stead which in Courts is but to give their assents to the verdicts which are the judgments of Freemen upon their Peers whereby those Judgments being so compleated the executions thereof did do and must run in the name of the Soveraign Jurisdiction of the State And so Iustice may be administred in all places in their personall absence who are to be accounted present in their Commissaries who no more then their Masters can be counted Iudges of the people because parties against them and so made and named in and by all Indictments Writs c. as aforesaid Observe again that Commissary Iudges being ordained by their Masters to do Iustice if they fail of so doing by their partiallitie wilfullness or any other consideration as Pilat who was Caesars Commissary and others did whom you aptly compare to som of them then they have no jurisdiction or ordination at all so that they may be disgracefully and that lawfully pulled and thrown out of their abused places but in civilitie and respect of their Masters may be better forborn and referred to their Censures And what is dissenting or not assenting to Iurors verdicts but a denyal which is more then a failer of Iustice for the speeding whereof they must have no negative voice for ordinarie Iurisdiction that was the supreme i that gave the Sove raign which is superior to every singular person to Kings as now to the Keepers of the Liberties of England is still the superlative Iurisdiction beyond all comparison that can be inferior to no authoritie but Gods that gave it to his people to his Children not to be given by them to any above them in their generalitie but himself from whom they have received and to whom they must restore themsevs and all that is theirs but to be contrived and substituted by them unto the worthiest men amongst them to be imployed for and under them as they might finde most convenient for their worldly peace and subordinate government to which end they deputed Kings as now the Parliament hath don Keepers of the Liberties of England reserving so much of their ancient ordinary Iurisdiction to free men that none but such may be Iurors and none but such may be their Iudges for their lives lands and estates And therefore as the Keepers of our Liberties are subordinate to the Parliament so are their Commissaries to them and both in their Iudgments to the verdicts of the Iurors which is their true saying of the whole matter as well for Law as Fact and so is the full Iudgment of it both in Law and effect wanting onely the assent of the Soveraign Iurisdiction which is the onely party sup posed to be against the party guiltie or so reputed and hath that Majestie or if well considered that vassalage given unto it as to do or command to be don Execution which if the hangman refuse upon the Sheriffs command the Sheriff himself must doe and if he refuse or neglect the Commissarie Iudge must for as there is a Writ de procedendo ad judicium and an Alias plures and Attachment to compell him to give his judgment or more properly his assent as aforesaid to the Iuries verdict So that if he delay denie or faile to do or cause Execution to be don there is another Writ de executione Judicii and an Alias Plur ' and Attachment upon that to be had against him whereupon if a Commissary Iudg must be Attached for not giving his assent commonly called his Iudgment to a verdict for Fellonie c. or having given his Iudgement to the verdict shall denie or delay execution except in special things hereafter touched let him not onely be an hangman for his Fellows but be hanged himself for such was King Alfreds Iudgment in all Cases of injustice in his Commissary Iustices as you may read in the Mirror from p. 239. to p. 245. when he hanged 44 of them in one year But it is observable how Commissary Judges for Gaol deliveries do now a dayes use in the conclusion of their judgments upon Fellons convicted by luries verdicts and their assents to command Sheriffs to see execution and so to end their Sessions and get themselvs gon out of that County with all expedition and let the Sheriff and his hangman agree as they can bargain for doing the execution while the Commissary imposter proceedeth in his Circuit attributing all that he findeth the people conceiv to be injustice to the Sheriff or Iury or both but calling all judgments and proceedings that are pleasing to the people throughout his perambulation and the Ambit thereof even the Cirquit it self his own because the people assented to such Commissions as the devill doth the world his own because God gave him leave to compass it And as proud are such Lords justices of their Lordships in a kinde as he can be of his yet in right ought to be accounted but servants to their Masters as he to his And therefore whereas you say p. 24. though the verdict be given in upon the whole matter and so inclose Law as well as Fact yet the binding force of the verdict as to matter of Law may be derived from the sanction of the Judges not from the Iurisdiction of the Inquest And it may well be supposed that the Iurors may err in a matter of Law in which case the Iudges must alter the erroneous verdict by a contrary Iudgment and that Iudgment questionless shall nullifie the erroneous verdict not the erroneous verdict the Iudgement whereby it plainly appears That in a verdict upon the whole matter there is no new Iurisdiction acquired by the Iurors in matter of Law nor left to the Iudges sorasmuch as the Iudgment stands good and obligeth not as it is rendred by the Iurors but as it is confirmed by the Iudges Cana Man that would seem so Cornucopiously learned and wise as you do be such a fool as to make such a medley of nonsense surely should you but tell such a confused storie in one of the Inns of Chancerie the puniest Atturney there would hils you out of his mooting School