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
A91287	The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawfull men of England, in the Kings Bench at Westminster, for treasons perpetuated by them in Ireland, or any foreign country out of the realm of England. Being an argument at law made in the Court of Kings Bench, Hil. 20 Caroli Regis, in the case of Connor Magwire, an Irish baron ... fully proving; that Irish peers, as well as commons may be lawfully tried in this court in England, by the statute of 35 H.8.c.2. for treasons committed by them in Ireland, by a Middlesex jury, and outed of a trial by Irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... By William Prynne Esq; a bencher of Lincolnes Inne.	Prynne, William, 1600-1669.	1658 (1658)	Wing P4090; Thomason E945_5; ESTC R203350	65,819	94

c. 8. 13 14 Eliz. c. 3. 1 2 Phil. Mar. c. 3. 1 Eliz. c. 6. * See Cooks 3 Instit. p. 31. * See 26 H ● c. 13. 1 E. 6. c. 11. * 1 H 7. 3. Co. 7. Rep. Calvins case f. 16 17 23. Cooks Instit. 1. p. 35 Mr. St. Johns Argument at Law at Straffords Attainder p. 61 62. * Mat. Parls An. 1230. Mr. Cambdens Ireland p. 114. to 140. The Annals of Ireland in Mr. Camb. Britan. p. 154 156 157 158 159 160 162 163 164 165 166 167 168 869 170 to 201. See 1 E. 3. rot parl. n. 4 5 6. 6 E. 3. n. 11. 6 E. 3. Parl. 2. n. 3. 7 R. 2. n. 4. 13 R. 2. n. 2. See p. ● * Upon which ground writs of Error lie in the Kings Bench in England to reverse erroneous judgments in the Courts and Parliaments of Ireland Cooks 4 Inst. p. 352. Mr. St. Johns Arment at Law against Strafford p. 58 61. * Dr. Jones others printed Relations concerning the Irish Rebellion Quest 3d. * See Dyer f. 31. 232 298 360. Cooks ● Rep. f. 23. 11 Rep. f. 65. * 21 H. 7. 7 Br Alienation 9. 30 E. 3. 17 Br. Alienation 23 30. * Seldens tit. of Hon. p. 837 840 841. * Cap. 29. See Cooks 2 inst. p. 48 49. * Page 202 to 307. * See my plea for the Lords and House of Peers p. 202 203 to 309. where this is largely proved p. 424. * 3 Instit. f. 30. * 1 El. c. 1. 6 * Par. 1 H. 3. m. 3. * King Hen. being then a Minor and under his Regiment * Mat. Paris Hist. Angl. p. 278. * Claus. 12 H. 3. pars 1. m. 8. * Rot. Pat. 30 H. 3. m. 3. Sir Iohn Davis Irish Rep. p. 37. Cooks 4 Instit. p. 350. 1 Instit. f. 141. b. Mr. St. Iohns Argument at Straffords Attainder p. 55. * Nota. * Mr. St. Iohns argument at Straffords Attainder p. 37 53. Here p. 2. * Rot. pat 8 E. 4. in Cancel Hiberniae Mr. Seldens titles of Honor Booke 2. c. 6. 〈…〉 841. Pat. 21 H. 8. pars 2. 8 Decemb. * Titles of Honor Book 2. c. 6 7. Object 1. Answ * Here p. 32 33 34. * Here p. 3 * Here p. 32 33 34. * See Cook ibid. * Co. 2 Instit. Proem. * Page 30. Object Answ * See Horns M●r●our of Justices p. 314 315. * See an exact Abrigement of the Records p. 372 379 380. Object 2. Argument 2. Answer * See an exact Abridgement p. 567 568. Cooks 4 Instit. p. 123 124. * Cambdens Ireland p. 111 120 121 199. * See Stamf. l. 3. c. 7. 7 H. 7. 12. Brook Challenge 217. Fitzh. Stathams and Brooks Abridgements and Ashes Table title Challenge * Cooks 3 Institutes p. 27. a See Fitzh. Brook Ash Title Jurors Tryal Enquest b 1 H. 4. 2. 27 H. 8. 22. 13 H. 8. 11 12. Brook Treason 29 33. 10 E. 4 6. Cooks 3 Inst. p. 28 29. 2 Inst. p. 49. c 2 Eliz. c. 1. 6. * Godwins Catalogue of Bishops p. 605 606 232 233. * Though Peers Object 3. * See the Annals of Ireland and Mr. Camb. in Ireland p. 121 to 200. Object 4. * Here p. 40 41. Answer * See here p. 32 to 42. Object 5. Answ Object 6. Answer * See Crokes Rep. p. 264 511 512. Object 7. Answer * See Hov. p. 545 546 550. Walsingham Hist. Angl. p. 48 to 56. Mat. Paris Hist. Ang. p. 417 433 666 667 29 E. 1. Ro● Claus. dors 10. Claus. 33 E. 1. dors 13. scedula claus. 34 E. 1. dots 10. claus. 10 E. 3. dors 9. 1 Jac. c. 2. 3 lac c. 3. 4 lac 1. Object 8. Answ * Not ● The Star of Ireland prin-Dublin 1621. p. 183.

Authority of this Parliament in their force and strength from the said 6th day of March So that this Law if any at all confirmed Magna Charta and all the Statutes made by Authority of Parliament in England to be in force and use in Ireland yet only as to the English Irish Subjects under the Kings obedience and none else as I have proved and this Statute of 10 H. 7. which confirms only the Statutes lately made must and doth in truth and reason relate only to the Laws made in England since that Statute of 8 E. 4. c. 1. not formerly there confirmed by that Act so that the Prisoners Plea That Magna Charta was confirmed by 10 H. 7. is but a meer mistake and a void Plea neither are the Judges here bound to take notice of this Irish Act of 8 E. 4. c. 1. unless pleaded by the Prisoner being no Law of this Kingdom and not binding here 2. Because the forementioned Charters of * 6 Joh. 12. and 30 H. 3. c. confirming the use of the Laws of the Realm of England in Ireland did not extend to settle Magna Charta there at least wise not as to the benefit of the natural Irish but to the English and the Irish within the English Pale alone as is agreed by Sir Ed. Cook and in a manner resolved by this Act of 10 H. 7. as the words thereof From henceforth be deemed good and effectual in the Law and over that be used accepted and executed within the Land of Ireland in all points at all times requisite import And if those Charters extended not to Magna Charta which are fuller then this Act I doubt this Law will hardly do it 3ly Admit the Law of 10 H. 7. extends to Magna Charta in some particulars thereof formerly used in Ireland yet it reacheth not to the trying of Irish Peers by their Peers now in question for these ensuing Reasons 1. Because trial of Irish Peers by their Peers in Ireland was never used nor heard of nor is there any one instance to be found before or since Magna Charta till 10 H. 7. which there setled that great Charter for a Law nor from 10 H. 7. till 35 H. 8. nor since that but of late in one case only about twenty yeers since till this instant Now what Littleton notes of the Statute of Merton * Sect. 108. That no action can be brought upon that Statute for a disparagement for that since the making of it it was never seen nor heard that any such Action was brought upon it against the Guardian and if any Action might have been brought upon this matter it will be intended that sometime it would have been put in ure The like shall I say concerning Magna Charta and the trial of Irish Peers by their Peers in Ireland That if the trying of Irish Peers by their Peers had been the common Law of Ireland or if Magna Charta and 10 H. 7. had established it there for a Law it would some time or other have been there put in ●re and some Peers there would have claimed and enjoyed this their priviledge in point of Trial but since it was never yet in use there for ought I finde nor any one can prove before 35 H. 8. I cannot deem it the common Law nor Priviledge of the Peers of Ireland but the peculiar Priviledge of our English Peers both by the common Statute-Law and great-Charter of England and no trial of right incident to Irish Peers as it is to English Therefore this kinde of Trial neither is confirmed to nor intended to be conferred on Irish Peers by Magna Charta which is but a confirmation only of our * common Laws of England and no introduction of any new Law here and so should introduce no new Law there but confirm the common Laws and Customes there formerly used and so the Tryal by Peers is not there setled in respect of the Irish Peers by the Statute of 10 H. 7. Now that which principally confirms me in this opinion is the two special Acts of Parliament made in Ireland in 2 Eliz. c. 1. 6. * already cited which create a special form of tryal of Irish Peers not by their Peers there of Irish blood but by their Peers of that Realm of the English blood alone only in the new Treasons and Premunires specified in and created by those two Acts but in no other Treasons Which clauses had been merely nugatory and superfluous had the Tryal of Irish Peers in Ireland by Irish Peers been the birth-right and known priprivilege of Irish Peers either by the Common law there used or by the Custome of Ireland or by Magna Charta with this Act of 10 H. 7. confirming it It therefore never being the intent of this Act nor of Magna Charta to grant any new privilege or form of Tryal to Irish Peers which they never formerly enjoyed neither the one nor other will sufficiently support the Prisosoners plea nor indulge him any tryal here or there by his Peers of Ireland at least of Irish blood for so horrid a Treason as this Which I hope is a satisfactory answer to this objection since Custome is the best Expositer of all antient Laws as Sir Edw. Cook declares in his Commentary on Littleton sect. 108. f. 81. b. 4ly Admit the Objection true That Magna Charta extends to Ireland by vertue of this Act of 10 H. 7. so far as to give Irish Peers in Ireland though not of the English Pale a trial by their Peers which they had not before its confirmation there yet then I answer That this Statute of 35 H. 8. ch. 2 upon which the Prisoner is arraigned by making all Treasons done and perpetrated in Ireland triable in England when there is just occasion as now there is in this time of a universal horrid Rebellion and in sundry other forementioned respects repeals this Clause of Magna Charta and deprives the Prisoner of the benefit of his Peerage if at all conferred on him by it and the Act of 10 H. 7. Since it is most certain that Statutes made in the Parliaments of England being the supreme Kingdom and Court to which Ireland its Courts are subordinate and whose erronious judgements in their High Courts and Parliaments there were only reversible here in England in the Kings Bench and Parliament of England as is evident by Claus. 7. H. 3. par 2. m. 10. and Claus. 29. E. 3. m. 12. 8 H. 6. rot Parl. ● 69. Cooks 4 Instit. p. 356. Mr. St. Johns Argument at Law at Straffords Attainder p. 58 61. K●ilway f. 202. b. Br. Error 127. Fitz. Nat. Bre. f. 24. Co. 7 Rep. f. 18. a Calvins Case do oblige those of Ireland not only before but ever since 10 H. 7. when Ireland is either particularly named or generally included as is agreed by Rastals Abri●gement title Ireland 11 E. 3. chap. 2. and 10 E.