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
A75331	The several arguments at lavv of Col. Eusebius Andrewe at his tryal, before John Bradshaw, president of the pretended high court of justice shewing the illegality of their proceedings, and passing sentence of death against him. Published by Francis Buckley, Gent. who was assistant to Mr. Andrewe in the time of his imprisonment, and an eye witness to all the said most bloody and execrable proceedings.	Andrews, Eusebius, d. 1650.; Bradshaw, John, 1602-1659, attributed name.	1660 (1660)	Wing A3117A; ESTC R231612	53,671	79

be any such hath and have right and interest and he humbly claims his right accordingly Fourthly That by he Remonstrance 15 of December and the Declaration 17 January 1641. The benefit of the Laws and ordinary Courts of Justice are the subjects Birth-rights By the Declarations of the 12th July and 16th October 1642. the preservation of the laws and the due administration of justice are owned to be the justifying cause of the warr and the ends of the Parliaments affaires managed by their swords and Councils And Gods curse is by them imprecated in case they should ever decline those ends By the Declaration of 17 Apr. 1646. promise was made not to interrupt the course of Justice in the ordinary Courts thereof By the Ordinance or Votes of non-addresses Jan. 1648. it is assured on the Parliaments behalf That Though they lay the King aside yet they will govern by the laws and not interrupt the course of Justice in the ordinary Courts thereof And thereupon the Respondent humbly inferreth and affirme●h That The constitution of this Court is a Breath of that publick faith of the Parliments exhibited and pledged in the Declarations and votes to the Freemen of England And upon the whole matter the Respondent saving as aforesaid doth humbly affirme for law and claime as his right That this Court in defect of the validity of the Act by which it is constituted hath not power against him or to press him to a farther Answer That by vertue of Magna Charta the Petition of Right and the before recited Remonstance and Declarations he ought not to be proceeded against by this Court but by an ordinary Court of Justice and to be tryed by his Peeres And prayes That this his present Answer and Salvo may be accepted and registred and that he may be tryed by his Peeres accordingly EUS ANDREWE Answer 2 The farther and second Answer of Eus Andrewe Esq to the Honorable the High Court of Justice presented the 16th day of Aug. 1650. THe said Respondent with the favour of this Honorable Court reserving and praying to be allowed the benefit and liberty of making further Answer if it shall be adjudged necessary in all humbleness for present answer offereth to this honorable Court That by the letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice the said Court is not quallified to try a free man of England and such the Respondent averreth to be for life in case of Treason First For that 1. The said Court is not constituted a Court of Record and but upon Record cannot at all have that accompt of their freeman which Kings were wont to have of their Ministers of Justice 2. The Free man and such who are and may be concerned in him can have no Record to resort unto by which to preserve the rights due to him and them respectively viz of 1. A Writ of Error in case of erroneous judgment due by the Presidents Pasch 39 Ed. 3. fol of Gaunts case 4. Ed. 3. Rot. Parl. Num. 13. Count de Arundels case 42. Ed. 3. Rot. Par. Nu. 23. Sr. Jo. of Lees case 2. A plea of anterfoyes acquit in Case of new question for the same fact the right to which and the necessity of such Record appears by Wetherel and Darlyes Case 4. Rep. 35. Eliz. Vaux his case ibidem 33 Eliz. 3. A being enlarged upon acquital as is the free-mans due by the Stat. 14. Hen. 6. and the Case thereupon grounded Dyer fol. 120 and abridg fo 33. 4. A Writ of Conspiracy against those who have practised the betraying the life of the Respondent not to be brought before acquital no acquital but upon Record as appeareth by The Poultiers Case 9 Rep. fol. 55. This Court is to determine at a day without accompt of their proceedings have power to try judg and cause execution but not to acquit or to give enlargment so that the nocent are thereby punishable the innocent not preservable the injured and betrayed not vindicable which are defects incompatible with a Court of Justice and inconsistent with Justice it self and with the Honours of a Christian nation and Common-wealth Secondly for that the members of this Court are by the Act directed to be sworne 1. Not in conspectu populi for the freemans satisfaction 2. Not in words of indifferency and obliging to equallity 3. In wo●ds of manifest Partiallity viz. You shall swear that you shall well and truely according to the best of your skill and knowledg execute the several powers given unto you by this Act. The Respondent humbly offers That 1. The Court in their capacity of Tryers ought in reason to have been appointed by their constitution to have been sworn as Tryers in full Court according to the practise in all equall wayes of Tryall 2. The Court as Commissioners of Oyre and Terminer being authorized by the Act to hear and determine should in like reason be appointed an oath such as is usual for persons so qualified as provided 18. Edw. 3. viz. You shall swear that well and lawfully you shall serve our Lord the King and his people mutatis mutandis in the office of Justice c. and that you deny to no man common right c. Or some Oath equivalent at least to that of a Justice of Peace Dalton fol. 13. I A. B. do swear that I will do equall right and according to my best wit cunning and power after the laws and customes of the land and the Statutes thereof made c. 3. The Court in the capacity of tryers should in reason be obliged by an oath of as equitable sence as that usually administred to Jurors viz. You shall well and truly try and true deliverance make between our Soveraigne Lord the King mutatis mutandis and the prisoner at the Barr so help you God Whereas when this Court shall as it is now constituted have condemned the freeman the Respondent or other by applying their skill and knowledg to their power whether justly or not the oath by them taken is not in the letter broken as to be exactible by man though God will provably have a better accompt And therefore upon the whole matter premised the Respondent saving as before offers for law and reason that the honorable Court the high Court of Justice is not by the letter and proper sence of the words of the Act by which it is constituted qualified in respect of the preobjected defects to pass upon him for his life upon a charge or crimination of high Treason And humbly prayes that this his second Answer and Salvo may be received and registred and that he may be tryed as in his former answer he prayed EUS ANDREW Answer 3 The farther and third Answer of Eusebius Andrewe Esquire to the Honorable the High Court of Justice presented the 16 day of Aug. 1650. THe said Respondent with the favour of this honorable Court reserving and praying to