Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	erroneous_a	error_n	writ_n	2,062	5	9.6571	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A57925	The Tryal of Thomas, Earl of Strafford, Lord Lieutenant of Ireland, upon an impeachment of high treason by the Commons then assembled in Parliament, in the name of themselves and of all the Commons in England, begun in Westminster-Hall the 22th of March 1640, and continued before judgment was given until the 10th of May, 1641 shewing the form of parliamentary proceedings in an impeachment of treason : to which is added a short account of some other matters of fact transacted in both houses of Parliament, precedent, concomitant, and subsequent to the said tryal : with some special arguments in law relating to a bill of attainder / faithfully collected, and impartially published, without observation or reflection, by John Rushworth of Lincolnes-Inn, Esq.	Strafford, Thomas Wentworth, Earl of, 1593-1641, defendant.; Rushworth, John, 1612?-1690.; England and Wales. Parliament. House of Commons.	1680 (1680)	Wing R2333; ESTC R22355	652,962	626

the Statute of the Eight and twentieth year of Hen. 6th in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crown of England is of it self and by it self wholly and entirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy in all Debates and Suits whatsoever By the Statute of the Three and twentieth year of Henry the 8th the first Chapter when the Kings of England first assumed the Title of King of Ireland it is there Enacted that Ireland still is to be held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings Writs run not in Ireland it might as well be held that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Durham nor within the Five Ports and Wales Ireland is a part of the Realm of England as appears by those Statutes as well as any of them This is made good by constant practice in all the Parliament Rolls from the first to the last there are Receivers and Tryers of Petitions appointed for Ireland for the Irish to come so far with their Petitions for Justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed Receivers and Tryers of them is a thing not to be presumed An Appeal in Ireland brought by William Lord Vesey against Iohn Fitz-Thomas for Treasonable words there spoken before any Judgment given in Case there was removed into the Parliament in England and there the Defendant acquitted as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1. The Suits for Lands Offices and Goods originally begun here are many and if question grew upon matter in fact a Jury usually ordered to try it and the Verdict returned into the Parliament as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edward the 1. If a doubt arose upon a matter tryable by Record a Writ went to the Officers in whose custody the Record remained to certifie the Record as was in the Case of Robert Bagott the same Parliament of the Five and thirtieth year of Edward the 1. where the Writ went to the Treasurer and Barons of the Exchequer Sometimes they gave Judgement here in Parliament and commanded the Judges there in Ireland to do execution as in the great Case of Partition between the Copartners of the Earl Marshal in the Parliament of the Three and thirtieth of Edward the 1. where the Writ was awarded to the Treasurer of Ireland My Lords The Laws of Ireland were introduced by the Parliament of England as appears by Three Acts of the Parliament before cited It is of higher Jurisdiction Dare Leges then to judge by them The Parliaments of England do bind in Ireland if Ireland be particularly mentioned as is resolved in the Book-Case of the First year of Henry the Seventh Cook 's Seventh Report Calvin's Case and by the Judges in Trinity-Term in the Three and thirtieth year of Queen Elizabeth The Statute of the Eighth year of Edward the 4th the first Chapter in Ireland recites That it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the 3. his time downwards to the Eighth year of Queen Elizabeth by which Statute it is made Felony to carry Sheep from Ireland beyond Seas in almost all these Kings Reigns there be Statutes made concerning Ireland The exercising of the Legislative Power there over their Lives and Estates is higher than of the Judicial in question Until the 29th year of Edward the 3. erroneous Judgements given in Ireland were determinable no where but in England no not in the Parliament of Ireland as it appears in the close Rolls in the Tower in the 29th year of Edw. the 3. Memb. 12. Power to examine and reverse erroneous Judgments in the Parliaments of Ireland is granted from hence Writs of Error lye in the Parliament here upon erroneous Judgements after that time given in the Parliaments of Ireland as appears in the Parliament Rolls of the Eighth year of Henry the 6th No. 70. in the Case of the Prior of Lenthan It is true the Case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the Jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appears by the close Rolls in the Tower in the Two and fortieth year of Edw. the 3. Memb. 20. Dorso where the Parliament in Ireland for the preservation of the Countrey from Irish who had almost destroyed it made an Act That all the Land-Owners that were English should reside upon their Lands or else they were to be forfeited this was here confirmed In the Parliament of the Fourth year of Henry the 5th Chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peers in the Parliaments there are regulated Power to repeal Irish Statutes Power to confirm them cannot be by the Parliament here if it hath not cognizance of their Parliaments unless it be said that the Parliament may do it knows not what Garnsey and Iersey are under the Kings subjection but are not parcels of the Crown of England but of the Duchy of Normandy they are not governed by the Laws of England as Ireland is and yet Parliaments in England have usually held Plea of and determined all Causes concerning Lands or Goods In the Parliament in the 33 Edw. 1. there be Placita de Insula Iersey And so in the Parliament 14 Edw. 2. and so for Normandy and Gascoigne and always as long as any part of France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is

divert the Earl of Argile in case he joined with the Covenanters Army against the King but it was mentioned in the King's Letter 2. Mertii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir Iohn Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of the House of Commons by whom the rest might the better be guided Mr. Secretary Windebank said He feared the House would first be Answered of their Grievances and Voted for a Breach of the Parliament Mr. Secretary Vane in opposite terms said That there was no hope that they would give the King a Penny and therefore absolutely Voted for a Breach And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies had been delivered to the House of Commons by Mr. Secretary Vane did in His Majesties turn deliver his Vote for Breach of the Parliament which otherwise he would not have done it being contrary to what he Resolved when he came thither and like Opinion was delivered by the rest of the Lords being about twenty except two or three at the most The Parliament being Dissolved His Majesty desired Advice of His Council How money might be raised affirming That the Scotch Army was ready to enter into the Kingdom The said Earl in presence of others in the Council delivered his Opinion That in a Case of absolute and unavoidable necessity which neither would nor could be prevented by ordinary remedies provided by the Laws nor all His Majesties other means sufficient to defend the Common wealth Himself or their Lives and Estates from an Enemy without force of Arms either actually entred or daily expected to Invade the Realm He conceived that His Majesty was absolved from ordinary Rules and might use in as moderate a way the necessity of the Cause would permit all ways and means for defence of Himself and Kingdom for that he conceived in such extremity Salus Populi was Suprema Lex provided it were not colourable nor any thing demanded imployed to other use nor drawn into Example when Law and Justice might take place and that when Peace was setled Reparation was to be given to particular men otherwise it would be unjust This was not officiously declared but in Council forced by the duty of the Oath of a Counsellor which is that he shall in all things to be moved treated and debated in Council faithfully and truly declare his Mind and Opinion according to his Heart and Conscience which Oath the said Earl took and humbly prays their Lordships Consideration thereof He denieth the words in the Article or any words to the intent thereby expressed To the 24th he saith He delivered his Opinion with such Cautions and Restrictions as in the Answer to the Precedent Article and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament which he ever did and shall think and speak of with all Reverence He denies that he knew of the Publishing or Printing of the Book nor who caused it to be Printed or Published for at that time he was sick in his Bed more like to die than to live To the 25th he saith Ship-Money was levied and adjudged to be due before his coming over Sheriffs were then called up as before and not otherwise If any were sued in Star-Chamber it was without any particular indeavour of his It appearing at the Board That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money he said They were but Ministerial and ought to Exact and not dispute the King's Writs and that if through their remisness the King should be less able to provide for the Publick Safety when any Forreign Army was ready to enter the Kingdom they might deserve to be Fined and Ransomed which he spake more to hasten them than of purpose to advise any such Prosecution but denies the other words being under favour such Expressions as he is not accustomed unto To the 26th he saith He advised not either of those Projects being then sick in Bed but it being debated at the Council-Table Whether it were better for the King to raise Gold and Silver or Coin base Money He for the Reasons then given delivered his Opinion for the latter Sundry Merchants Adventurers coming to his house desired him to move His Majesty then at Oatlands to Release the Bullion or Money he told them He knew of no such thing and would not meddle with it nor would his Health permit him to go abroad and said That if their denying the King in such a Publick Danger the Loan of 100000 l. upon good Security the King

by hear-say he was a Member of the House when I had the Honour to serve I heard the expression of Sir George Ratcliffe at that time And the common voice was that he was under restraint but I saw him not Being asked whether there was any other occasion of these words but his said Vote He answered Truly My Lords I can apprehend none 4. Being asked whether he heard Sir George Ratcliffe threaten Sir Pierce Crosby in Parliament He answered I heard Sir Pierce Crosby speaking against a Bill in Parliament and as soon as he had sate down from speaking against the Bill Sir George Ratcliffe said to him That is not Privy-Councellor like or to that purpose I heard him To the point of Sir Pierce Crosbies being sequestred from the Council upon his speaking in Parliament The Lord Ranulagh being sworn was interrogated whether about the 10th year of the King he knew Exception to be taken against Sir Pierce Crosby for delivering his Opinion in Parliament and what proceedings were against him thereupon He answered My Lords to the best of my remembrance Sir Pierce Crosby being a Privy-Councellor in Ireland was charged at the Council-Board for Voting against a Bill that was transmitted by the Lord Deputy and Council and hereupon the Opinion of the Board was asked and by the advice of that Board Sir Pierce Crosby was sequestred from the Council This is as much as I can remember 2. Being asked by whom he was sequestred He answered By the Deputy and the Council 3. Being asked who began the Question He answered My Lord Deputy charged him My Lords I humbly desire that my Lord Ranulagh may be asked whether when things are handled at the Council-Table the Deputy be not the man that propounds them to the Council or no not as a party complaining but as belonging to the duty of his place And how he behaved himself in that business To which the Lord Ranulagh being interrogated Answered It is the constant course for the Deputy to propose the things that be brought to the Board and seldom doth any of the Council propound any thing but the Proposition comes from the Deputy But being further asked on the Committees motion whether this of Sir Pierce Crosbies came to the Board by motion of my Lord alone or that any other moved him in it or conveyed it to him He answered I cannot charge my memory where it had beginning but as I remember My Lord Deputy Wandesford that died last and Mr. Wandsford and Sir George Ratcliffe were movers of it but whether it moved originally from them or from my Lord himself I know not I rather believe it proceeded from my Lord Deputy as being proper for him The Lord Mountnorris sworn and interrogated whether he was present at Council-Table when Sir Pierce Crosby was sequestred from Council-Table and for what Reasons he was sequestred He answers I was then present at Board and he was removed on Complaint made by Sir George Ratcliffe at the Board touching his Voting of a Bill in Parliament And when he said it was not spoken like a Councellor he said he would answer it to him that made him a Councellor That was the effect as I can remember of his Accusation and there were several others that testified the same words that Sir George Ratcliffe accused him of and that was the reason he was sequestred by most Voices at Council-Table though he had many Votes with him And being further asked what my Lord of Straffords Vote was He answered It was for his Sequestration Mr. Nicholas Barnewell sworn Being asked whether for his delivering his Opinion in Parliament Sir George Ratcliffe did ask whether the said Mr. Barnewell's house was capacious to receive 500 men to be laid upon him intimating thereby that he must look for Soldiers to be laid upon him for that reason He answered There was a Debate in the House concerning certain Boroughs sequestred from the House by reason of a Judgment in the Exchequer which the House conceived an Erronious Judgment and were of Opinion that the old Boroughs should be called in I was of that Opinion Sir George Ratcliffe was of another Opinion and would have another question debated And coming out of the House he asked me Will not your House hold Five hundred men I answered you know what my house will hold as well as my self and I smiling at it he answered But it is no laughing matter you shall have 500 men laid on you I desire it may be asked when this was spoken He answered It was in November last and that my Lord of Strafford was not then in the Kingdom Mr. Pym observed That the Spirit of my Lord of Strafford could move in Sir George Ratcliffe wheresoever it was spoken And Mr. Barnewell added it was done in November then last In the next place We shall shew the untruth of that part of my Lord of Straffords Preamble that says The Soldiers in Ireland are disposed with so much contentment to the People that they are no burden to them Mr. Egor was called for a Witness and Sworn Being interrogated whether he knew of any Soldiers Billetted in Dublin whether they were not a Grievance whether that City hath not a special Charter of Exemption He answered May it please Your Lordships the City of Dublin doth bear the Charge of 40 Horse and pays to them 45 l. a month for Billetting which is conceived they should not bear in regard they have a Charter that says Nullus Mareschallus Capiat hospitium intra Civitatem and therefore they conceive it a heavy burden and it is as much as a Subsidy And another part of the City standing in another County pays 10 l. a month so they pay in all 55 l. a month I humbly desire he may be asked whether before my Lord of Straffords time and as long as he can remember The Lord-Deputies Foot-guard and Horse-Companies were not Billetted in Dublin He answered To the Foot-guard when my Lord of Faulkland was there they gave Lodging continually but it was never drawn to matter of money And till now we had never Horse upon us except it were for a month or so In the next place We humbly desire the Remonstrance of the Nobility and the House of Commons in Ireland might be read as Testimonies of my Lord of Straffords Justice I desire to know whether questions are to be asked of matters not contained in the Charge as the Remonstrance is not My Lords The Subverting of the Laws and Corruption in Government and Justice is generally laid in the Charge and he hath answered that he hath administred Justice with Integrity And this we produce to shew That the frontespiece of his Answer is in that part untrue To prove the Truth of the Copy of the Lords Remonstrance now produced the Lord Digby of Ireland was Sworn and he on his Oath said That the Copy