Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	error_n	reverse_v	4,106	5	12.9296	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63931	The case of the bankers and their creditors stated and examined by the rules of lawes, policy, and common reason, as it was inclosed in a letter to a friend / by a true lover of his King and country, and a sufferer for loyalty.	Turner, Thomas, d. 1679.	1674 (1674)	Wing T3335; ESTC R23756	39,443	46

the grand Objection of this case the validity of which I am necessitated though with reluctancy in my self to consider because if this Objection prove impregnable the Councel of stopping the Exchequer may seem to be built upon a good or at leastwise an exccusable foundation and so in all that I have hitherto said I shall seem to have trifled with and eluded my Reader And herein because I pretend not to any Arcanums of State I shall handle this point by way of Admittance and shall suppose that the fears and jealousies which at the time of shutting the Exchequer did possess this State were just and such as might well fall upon constant and deliberating mindes The Objection then will run thus Ob. Ob. That our Neighbour Princes and States were making vast preparations for War that the Heavens about us were black and Cloudy and where the storm might fall no man could Divine That Necessitas est Lex temporis Quae non habet Legem That necessity and self preservation superintend all Lawes That it is more eligible to lop off one member from the Body Politique or at least wise to let an Arm or perhaps a finger thereof blood then that the whole should be endangered c. Sol. Sol. The Objection I must confess is important and weighty and will deserve a substantial Answer In order thereunto I must in the first place mind my Reader that I have as I suppose by irrafregable Argument proved the property of the Subject in this case violated I will then add that it is a Fundamental Law of this Realm that the Subjects propriety is not violable no not in cases of National Danger without his own free and voluntary consent and that First by the consent of his own individual person or Secondly by that of his Representatives in Parliament to whom ●e hath delegate● his consent To prove this I could produce infinite Records of Parliament and other Courts but for brevities sake shall content my self with some few doing herein like one that chooseth 5 or ● full eares of Wheat out of a select sheaf who must necessarily leave behind him as good as he takes The first Record therefore that I shall insist upon will be that memorable one of 14. Ed. 2. in a Writt of Error upon a judgement given in Durham in Trespass by Heyburne against Keylow for entring his house breaking his Chest and taking away 70 l. in money upon a special verdict the case was this The Scots had entred the Bishoprick with a formidable Army making great burnings and spoil Mich. 14. Fd. 2. B R. Rot. 60. the Commonalty of Durham whereof the Plaintiff was one apprehensive of the common danger consulted together and at length agreed to send their agents to compound with the Scots for money to depart and were all sworn the Plaintiff being one to perform such composition and also what Ordinance should be made in that behalt thereupon they compounded with the Scots for 1600 Marks but because this Money was to be paid without the least delay they all consented that Keylow the Defendant and others should go into every mans house to search for ready Money to make up the said summe and that it should be repayd by the same Commonalty and thereupon the Defendant entred the Plaintiffs house and took the said 70 l which was paid toward that Fine The Jury were demanded whether the Plaintiff was present and consented to the taking of the Money they said no. Whereupon the Plaintiff had Judgement to recover the 70 l. upon this Judgement the Defendant brings his Writt of Error in the Kings Bench and assigns errour in point of Law and there the Judgement was reverst because Heyburn whose Money it was had agreed to this Ordinance and was sworn to perform it and Keylow had done nothing but by the express consent of Heyburn and therefore was no Trespassor and that Heyburn had no other remedy for his Money but against the Commonalty of Durham By which it appeareth that if the owner of the money had not particularly concented such Ordinance could not have bound him and yet this was in a case of imminent danger and for publique defence The next is a Record of the Parliament of 20 Ri. 2. some little time before this Session Rot. Parl. 2. Fi. 2. pars 1. ● the French had actually invaded this Realm they had burnt Portsmouth Dertmouth Plymouth Rye and Hastings they had possest themselves of the Isle of Wight beseiged Winchelsy and at length entring the Thames with their victorious Fleet came up to Graves end and burnt most part of that Town and which was yet worse in the North the Scots had burnt Roxborough and were ready to over run all the North of England the Realme being thus beset both by Sea and Land with the united puissance of two mighty Kingdomes and like a Candle burning at both ends the publique Treasure also exhaust a great Councel was forthwith call'd of the Prelacy Baronage and other great men and Sages or Judges of the Nation to consult about these difficulties they came at length to a final resolution the which Scroop then Lord Chancellour delivered to all the Lords in the ensuing Parliament which as the Roll above quoted saith was thus That unce the last Parliament the said Councel met and considering the great danger the Kingdome was in and how money might be raised for the Common Defence which could not wait the delay of a Parliament and how the Kings Coffers had not sufficient in them they all concluded that money could not be had for such defence without laying a charge upon the Commonalty and that such charge could not be imposed without a Parliament and the Lords thereupon supplyed the present necessity with their own money and advised a Parliament for farther supply and Repayment of themselves which was accordingly done I think no man will pretend that our late danger to say no more was greater than this and yet because there was no other course in those times thought lawful for the raising Treasure upon the Subjects Goods then by their own ascent in Parliament only that course was then thought fittest to be practised which was such as ought to be obeyed The next Record is the Statute of 31. Hen. 8. cap. 8. some years before this King had dissolved the lesser Old booke of Statutes 31. He. 8. cap. 8. and in the year of this Statute the greater Monasteries which being a new precedent made a great noise and the event thereof was apprehended with terrour and amazement all over the Christian world this administred secret seeds of discontent to many of the people which after broke out into open Rebellions as our Chronicles declare in several parts of the Kingdome this King though standing as much upon his praerogative as any of his Predecessors to provide against the like suddain eruptions of this Torrent which would not stay for Parliaments procures a Statute