Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	law_n	reverse_v	1,511	5	12.3423	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80048	Judges judged out of their own mouthes or the question resolved by Magna charta, &c. Who have been Englands enemies, kings seducers, and peoples destroyers, from Hen. 3. to Hen. 8. and before and since. Stated by Sr. Edvvard Coke, Knt. late L. Chief Justice of England. Expostulated, and put to the vote of the people, by J. Jones, Gent. Whereunto is added eight observable points of law, executable by justices of peace.	Jones, J., Gent.; Coke, Edward, Sir, 1552-1634.; England. Magna Charta.	1650 (1650)	Wing C4938; Thomason E1414_1; ESTC R13507	46,191	120

all whose ways are to Injustice as aforesaid How can that Law be called Common to all which They and these their Creatures Monopolize Ingross and Appropriate all to themselves as aforesaid And We will C. 2. Judgements That if any Indgement be given from henceforth contrary to the points of the Charters aforesaid by the Iustices or by any other Our Ministers that hold Plea before them against the points of the Charters it shall be undone and holden for nought Whatsoever Judgement is given against this Statute of Magna Charta L. Coke upon Con. C. f. 527. c. is made void by this Act and may be reversed by a Writ of Error because the Judgement is given against the Law for this Act saith Soir de fair pur nienttenus viz. as the Stat. Englisheth it self It shall be undone and holden for nought Expost and Quer. If so Why should not all Iudgements appearing as aforesaid to be contrary to Mag. Charta which are given for Arrests and Imprisonment of mens Bodies for Debt be undone and held for nought Why did Mr. Garland lately trouble the most High Court of Parliament whereof by so doing he shewed himself an unworthy Member with a ridiculous useless Act of his drawing for the Enlarging poor Prisoners for Debt Why did not he if he did ever read this place of the Lord 〈◊〉 mind the Parliament to command the Judges who seem if they have read it to have forgot it to reverse their Erroneous judgements against Debtors so far as they extend to their Imprisonment and to send their Liberate to all their Goalers to set open all their Goal dores and let forth so many of the Prisoners for Debt as they have left alive The poor because they have no Estate whereof to pay the rich because they have Estates sufficient for all or part against which Estates so much of their judgements may stand as concerneth that and not their Bodies and Executions may be taken thereupon by Elegit or Fieri facias according to the Statute of Westminster the 2. cap. 18th agreeable to Magna Charta and the Parliament not to be troubled except to Impower the Iudges by an Order to rectifie their judgements according to that Law which is in force and so forgo their Errors and Repealed Statute of the 25th of Ed. 3d c. 17th which ought to be no Guid Leader or Teacher to learned and grave Judges that can never be misguided by the right law if as the Lord C. saith they certainly know it and be pleased truly to follow it And by this course as well the Creditors of the rich Debtors as the poor Prisoners for Debt that have been wronged by the Judges Erronious judgements and proceedings against Mag. Charta may be partly redressed and so rest satisfied until the Parliament be pleased to right them further as shall appear hereafter they may So likewise may that Prisoner which is Imprisoned again after his inlargement by Garlands Act be Enlarged again by the same Judge that Committed him without troubling the Parliament or People with any such Appeal as is lately divulged or suffering the Apprentices Out-Cry to run so far That now it will never be stopped till the Thieves be taken And that all Arch Bishops Cap. 4. Excom c. and Bishops shall pronounce the Sentence of Excommunication against all those that by word deed or counsel do contrary to the said Charters or that in any point break or undo them And that the said Curse be twice a year Denounced and Published by the Prelates aforesaid And if the same Prelates or any of them be remiss in the Denunciation of the said Sentences the Arch-Bishops of Canterbury and York for the time being shall Compel and Distrain them to the Execution of their Duties in Form afore-said This Excommunication the Prelates could not pronounce without Warrant by Authoritie of Parliament L. C. upon Confir Cart. f. 527. because it concerned Temporal causes Expost and Quer. Was not the Authority of this Parliament sufficient Warrant for Prelates to pronounce Excommunication according to the Tenor and limitation of this Act Doth not the Lord Coke say before That this Act is not onely an Express Confirmation of Magna Charta but also a Confirmation of it in Law Doth he not say before that That Magna Charta should live for ever and in all Successions of Ages for evermore Is not the substance of the Excommunication given by this Act to the Prelates to pronounce Had the Prelates any more to do therein but to pronounce an Excommunication What meaneth Ipso Facto in the Act but to let all future Ages understand That the breach of Mag. Cha. which is a Declaration of the Fundamental Laws of England is such an Offence as deserveth an everlasting Curse inflicted by the Law it self upon the Breakers for ever Which Curse receiveth no more strength from the Pronouncer than a Sentence of Death from a Iudge who doth but tell a Fellon whom the Law condemneth what shall be the manner of his Death If any Excommunication was ever pronounced by virtue of this Act as there were two in two several Kings Reigns were not those Excommunications in force and so to continue as long as Magna Charta it self the Prelates and their Successours neglect of their Duties by discontinuing such Denunciations twice yearly afterwards notwithstanding If so Are not those Excommunications still in force except Absolutions be produced granted and given by equal Authority to that whereby those Excommunications were Denounced If so Are not Excommunications until Absolutions of the same accompt and validity in Law as Out-lawries until they be reversed If so Are not all the Lands Goods and Chattels of all Excommunicats now the States as formerly they were the Kings and so Seizable Sequestrable and Convertible to that use until Absolution And ought not satisfaction precede Absolution Ought not that satisfaction extend to every particular man that hath been wrong'd in this case which as the L. C. saith is a Temporal case and so called in respect of the interest of all men called by the Clergy Temporal for distinction from themselves that would be called Spiritual And so as I believe not to be commuted by a Prelatical Sentence to a trivial Pennance nor pardoned by Parliament without excepting every particular Interest And what Parliament can Pardon or Absolve Offendours against Magna Charta but by the Rules of Magna Charta without offending Magna Charta themselves and incurring the same Excommunication as they have incurred that would be Absolved If Excommunications be no Terrors to Atheistical Judges Justices c. who neither Believe nor fear Heaven Hell God Justice nor Laws though they cannot in nature and reason but know that such there are and are to be beleived feared and obeyed shall not Excommunications be sufficient Warrants for Christians English Christians in England being warranted not onely as the L. C. saith By

the foresaid Iustices as far forth as appertaineth unto their Offices And besides these things granted upon the Articles of the Charters aforesaid The King of his special Grace for redress of the grievances that the people hath sustained by reason of his Wars and for the amendment of their Estate to the intern that they may be the more ready to do him service and the more willing to assist and aid him in time of need hath granted certain Articles the which he supposeth shall not onely be observed of his leige people but also shall be as much profitable or more than of the Articles heretofore granted One of the causes for the making this Act L. Coke f. 537 538 539. was saith the Lord Coke as in the Preamble is suggested that there was no certain punishment in many points established by the said Charters against the violators of the same which also by this Act saith he is remedied And the word People here saith he doth include all the Kings Subjects c. And again the word Pain ne fuit estable some read saith he Pain ne fuit execute and that is true in effect but the Original is Pain ne fuit estable that is no pain was set down certain And saith he fol. 539. This Act had but the force of a Charter until confirmed by this Parliament the 34th Ed. 1. And that these Charters should be read four times in the year in full County here is an order taken for the publishing And Ou remedie ne fuit avant c. is to be construed saith he where no Action was given by the Kings Writ to be pursued at Common Law c. Again here saith he for the better Execution of those glorious two Lights Magna Charta and Charta Forestae a new Court and new Justices were appointed c. Again saith he these clauses against the Kings Servants out of their places as well as others And to hear the Plaints without delay day by day and to determine them without admitting such delaies as be at Common Law was the first ground of the raising of the Justices called Trail Baston and their Courts so called in respect of their precipitate proceedings from day to day without such convenient leisure and time as Common Law allowed c. they in the end had such Authoritie as Justices in Eyer but albeit they had their Authoritie by Act of Parliament yet if they erred in judgement a Writ of Error did lie by the general Rule of the Common Law to reverse the Judgement in the Kings-Bench which being once resolved and known and their Jurisdiction fettered with so many limitations their Authoritie by little and little vanish●d Expost and Quer. Was there any certain Pain established by this Statute against the violators of Magna Charta other than by Commission in Eyer that the Justices might determine and punish the Offendors by Imprisonments Fines or Amerciaments according to the Trespass Ought not the Justices of the Kings-Bench to have so punished all such as were Indicted before Sheriffs or Justices in Eyer who had power to inquire and certifie them of all such Offendors and Offences against Magna Charta by the Statute of Marlebridge 51. Hen. 3d Doth not the Lord Coke say elsewhere That all Statutes ought to be construed so as that there should be no failer of Justice should not the Justices of the Kings-Bench have construed Magna Charta so Doth not the 14th chap. of Mag. Charta expresly direct That all offendors ought to be Amercied by their equals according to the quantitie of the Trespass Doth the Lord Coke speak truth when he saith this Statute gave any man Remedie for the certaintie of the punishment other than Magna Charta did before Was it not made more uncertain by referring it to the Justices in Eyers discretion whether Amerciaments Fyne or Imprisonment Doth he not confess plainly when he saith It is true in effect that the Pain was not Executed as some read instead of the Pain was not Established That it was the fault of the Justices of the Kings-Bench in not Executing the Pain of Amercying c. as they might and ought to have done was the cause of Impowering the Justices in Eyer who were but Enquirers before now to determine and punish such Offendors and Offences as they did forbear viz. The Kings Servants with whom by this time they of the Kings-Bench tampered for their Offices And was it not for the same cause the people were Declared to be choosers of Justices in Eyer And doth not the Lord Coke shew a great spight between himself and his brethren whom he would have to be ancient and the Justices in Eyer whom he calleth a new Court and new Justices And shew his Memory to be weak as his Envy was strong when he is forced to give himself the Lye either here or in his Exposition of the Stat. of Marlebridge where he saith They were then Justices and a court though but for Inquirie And upon the 23th Chap. of Magna Charta he saith they used before that time to give charge to all Juries concerning Wears c. Doth not the Lord Coke say fol. 235. That Bracton wrote before the making West 1. which was 3. Ed. 1 And doth not Bracton lib. 3. cap. 11 12 and 13. say Justices in Eyer were before his time Doth not Camden in his Britannia pag. 104. say They were Instituted by King Hen. 2 Doth not Hoveden in his Annais part poster fol. 113. b. confirm the same And add that K. Hen. 2. divided the Realm in six parts setled thre● Justices in Eyer to every part whose names he relateth And doth not the Mirror of Justice lib. 3o. Tit. 1o. Justice in Eyer declare their power at large And as for their Election by the people doth he not say fol. 538. That Magna charta c. containeth the substance of all that is contained in these Articles And doth he not say in his Preamble That Magna Charta is an Act declarative of the ancient Laws and Customs of England before it and no introductive of any new And fol. 558. That of ancient time before the making of this Act all such Officers or Ministers as were instituted either for Preservation of the Peace of the County or for execution of Justice because it concerned all the Subjects of that County and they had a great interest in the due and just exercise of their places were by force of the Kings Writs in every several County chosen in full and open County by the Free-holders of the same County Again saith he So it was then and yet is of Coroners and so it was then and yet is of Knights of the Shire for Parliaments and of the Verdors of a Forest and likewise it was of ancient time of the Sheriff of the County and restored by this Act but this is altered by divers Acts of Parliament Now were not Justices in Eyer therefore

Eyre still And why not Writs Gratis sent to the Sheriff of every Countie to enquire of offences and offendors against the great Charter And doth not this Statute prove that Sheriffs ought to have such Writs and to make such enquiries And that the King referred himself as well as others to the judgements as well of Justices in Eyre as of the Justices of the Bench and that he would have his Writs granted as well against him as others and that Gratis doth it not futther prove that Kings accounted the Justices in Eyre his Justices and their Court his Court as well as the Kings-Bench how therefore doth the Lord Coke hereafter call them new Justices and their Court new Court But more of that in its place Now having done with so much of Mag. Charta as I promised and with the 5 Chapter of the Statute of Marlebridge and the 8 of the Statute of Glocester Here ensueth the Confirmation of the great Charter made at London 10 Octob. Anno 25. Ed. 1. three years before that which is Printed before it because that containeth all the Charter in 38. chapters at large and this but 7. In the First of which it confirmeth both Charters and every Article thereof both made 9º H. 3. in general words as followeth viz. Edward by the grace of God Cap. 1. Charters King of England Lord of Ireland and Duke of Guyen To all those that these present Letters shall hear or see Greeting Know ye that We to the Honour of God and of Holy Church and to the profit of Our Realm have granted for Vs and Our Heirs That the Charter of Liberties and the Charter of Forrests which were made by the Commonalty of the Realm in the time of King Henry Our Father shall be kept in every point without breach And We will that the same Charter shall be sent under Our Seal aswel to Our Justices of the Forrest as to others And to all Sheriffs of Shiers and to all Our other Officers and to all Our Cities throughout the Realm together with Our Whits in the which shall be contained that they cause the foresaid Charters to be published And to Declare to the People that We have confirmed them in all points And that Our Iustices Sheriffs Maiors and other Ministers which under Vs have the Laws of Our Land to guid shall allow the same Charters pleaded before them in Iudgement in all their points That is to wit The Great Charter as the Common Law And the Charter of the Forrest for the Wealth of Our Realm The Title of this Statute saith the Lord Coke is Confirmationes Chartarum de Libertatibus Angliae Forrestae L. C. upon Cons C. f. 526. viz. The Confirmations of the Charters of the Liberties of England and of the Forrest And true it is saith he that hereby the said Charters are expresly confirmed but they are also excellently interpreted which is a Confirmation in Law for here is nothing Enacted but is included within Magna Charta And by the Commonalty saith he is to be understood by the consent of all the Realm by Authority of Parliament and many times by the Commonalty of England is signified an Act of Parliament c. before Printing and before the Reign of King Hen. the 7th Statutes were Ingrossed in Parchment and by the Kings Writ Proclaimed by the Sheriff of every Countie this was the ancient Law of England that the Kings Commandments issued and were published in form of Writs as then it was An excellent course and worthie to be restored c. This Clause saith he is worthie to be written in letters of gold viz. That our Justices Sheriffs Majors and other Ministers which under us have the Laws of the Land to guid them shall allow the said Charters in all points which shall come before them in Judgement And here it is to be observed That the Laws are the Judges Guides or Leaders according to that old Rule Lex est Exercitus Judicum viz. The Law is the Judges Armie Tutissimus Doctor viz. The safest Teacher or Lex est optimus Iudicis Synagogus viz. Their best Synagoug And Lex est tutissimus cassis viz. Their safest Fortress There is an old legal word saith he called Guidagium viz. Guidage which signifieth an Office of guiding Travelors through dangerous and unknown ways Here it appeareth that the Laws of the Realm hath this Office to guid the Iudges in all causes that come before them in the ways of right Justice who never yet misguided any man that certainlie knew them and truly followed them The sence of the words That the great Charter is to be holden for the Common Law is that it is a Common Law to all in amendment of the Realm that is of great mischiefs and inconveniencies which oppressed the whole Realm before the making thereof Expost and Quer. Doth nor the Lord Coke by all this his expression commend this Statute very highly Why did he not in his duty cause it to be observed in his time And had not Iustices of the Forrest and other Iustices Sheriffs Majors and other Ministers of his time had they received the Great Charter with the Kings Writs power thereby as well as he to cause the said Charter to be published to the People and that the King had confirmed it in all points Why did he by neglecting his duty to send the said Charter and Writs unto them accordingly make them fail of their duties Doth not the Lord Coke confess by this clause Worthie as he saith to be written in letters of gold That Sheriffs Majors and other Ministers as well as Justices and other Justices as well as those at Westminster have or ought to have the Law of England to be their guid and ought to allow Magna Charta in all points which in any Plea shall be before them Why then do the Iustices at Westminster by their Habeas corpus and other Writs as aforesaid disturb and prevent all Sheriffs Majors c. to exercise their Offices before Judgment or after without proof of Injustice or manifest Errors committed by them in their Iudgements Why do not the Iustices at Wistminster when they have Persons and Causes brought before them by virtue of their Writs allow Mag. Car. to be Pleaded before themselves since they will suffer no others to hear it How can it be true when they do not that the Law is their guid Do not they assume the sole Guiding Learning Interpreting Exercising and Over ruling of the Law to themselves when they suffer no other Iustices or Ministers of the King but themselves to have any Judgement therein as aforesaid Why do they bely the Law so much as to call it their Guid their Teacher their Army their Synagogue their Fortress when it is manifest That their Attorneys their Sollicitors their Catch-polls and their Goalers are their Guids Teachers Supernumerous Armies and Invincible Fortresses as they trust but may be deceived

for all England divided into six See and compare Rast abridg fol. 65. and Rog. Hoveden parte poster Annal. fol. 548. The not reading and publishing of Mag. Char. is the default partly of Sheriffs not requiring it partly of the Clerk of the Crown c. not sending it to them under Seal All defaults of Sheriffs c. are inquirable and punishable by Justices of Peace as Lamb. Fitz. H. Cromp. Dali c. affirm at large 5. Observe the peoples choice resumed by this Statute when the King presumed to make Justices of P. and under that specious Title to impower them first to affront and by degrees to suppress and at last to extinguish the larger power of Conservatours A Prerogative imposture devised by Lawyers for their own advantage when they got the King to confer this creation of Justices of Peace upon his Chancellours and Keepers to whom their creatures became obliged to subject all England to Westminster contrary to Mag. Char. 5. Justices in Eyre are discontinued long since and not onely for that they were interrupted and wearied out by the Prerogative Judges and Courts at Westminster by their Certioraries Corpus cum causa Errours and other Writs as the Lord Coke confesseth in his Exposition of the Stat. called A●t super Chart. fol. 540. but also for that Justices of Assize Justices of Peace and all Oyers and Terminers by their Commissions and Magistrates of Corporations by their Charters were enabled sworn to hear and determine all Trespasses Contempts Oppressions and Misdemeanours according to the Laws and customs of England as appeareth in and by all Commissions of the Peace Oyers Terminers and Charters that have Oyer and Terminer and by the Stat. made for the first institution of Justices of Peace in the 18th year of Ed. 3d. in which year was also ordained the Oath of all Judges and Justices of Oyer and Terminer for the due execution of justice without sale delay or denial which the thrice reverend Judge Anthony Fitz Herb. admonisheth them that consider it and their duty to God and their Countrey not to break upon any conditions Nat. brevium fol. 240. d. but now the common practice is otherwise 6. Justices of Peace ought not to be seduced to transgress M. C. and the Petition of Right by any Stat. that contradicts them nor to lose the publike interest for any Prerogative usurpation but to re-assume their authority fro People to act as conservatours of the ancient peace and profit of the Common-wealth as in cases of Remitter men stand to their best Title 6. Any that Will ought to have Commissions of Oyer and Terminer for all Extortions Oppressions and Misdemeanours of Sheriffs Under sheriffs Escheatours Bayliffs Clerks and all other Officers See Cromp. Just Peace fol. 51.8 Fitz H. Nat. br fol. 112. d. And Justices of Peace and all other Commissioners that ought by their Commissions and Oaths to punish all such offences do not are no less than porjurers and the greatest malefactours of all other themselves Nor can any Writs of Certiorari Corpus cum causa Errour Supersedeas or putting out of Commission excuse or supercede them to finish their Judgements and Executions in all such causes brought in question before them See and compare the Stat. of 2. Ed. 3. and 14. Ed. 3.14 and the 20. Ed. 3.1 and the Procedendo thereupon in Fitz. H. Na. Bre. fol. 240. where it is said They shall proceed to justice according to law notwithstanding any Letter Commandment Prohibition Writ Privy-Seal or Great Seal to the contrary And if any such things be granted by the King or any of his Judges or Coutrs such a Procedendo ought to be granted by the Keeper of the Broad Seal to countermand them and to command justice judgement and execution to be done even against the King much rather against Judges who under colour of Authority and justice delude and wrong Kings and People For saith the L. Coke upon the Stat. of Marlebridge cap. 5. there is no greater injustice than when under colour of Justice men are injured but Writs of Certiorari Corpus cum causa and Errour ought to be had and granted upon proof of malice partiality injustice or errour in matter committed by any inferiour Court but not upon suggestions or bare suppositions as is used See and compare therefore all the said Statutes in this case together with M. Dearhams Manuel p. 25. Nor by any Superiour Judges or Courts that are parties or concerned in the cause See the L. Coke upon Art super Chart. 7. These oppressions are daily committed by mercinary lawyers by colour of Statutes of their own devices against Mag. C. which Stat. ought to be repealed the longer execution thereof resisted by all or any necessary means 7. The granting of Writs or Commissions to do injustice by or to stay or delay justice where it is done or doing or to deny Writs or Commissions to cause or further justice to be done which always was and yet is the practice of the Prerogative Judges at Westminster not onely to cross interrupt Commissioners legally chosen in and by their Counties as Justices in Eyre were and such and all Justices of Peace and Officers of Trust and concernement in and to the Common-wealth still ought to be is the worst of all Oppressions and a general destruction of Law and People committed by colour of an usurped Authority as saith the L. Coke upon the Statute of Marlebr cap. 5. To prevent which his Lordship further saith It is lawful for the People to take up Arms or for Inferiour Judges to commit their Superiors and that before any Verdict or Judgement because they worthily loose the benefit of Law who intend to subvert it and Subordinate authority is more to be obeyed and assisted in the execution of Justice than the Supreamest to be indured to obstruct it All this and more is to be read in effect in the L. Cokes Exposition upon Art super Char. and the Stat. of Marl●br which if executed by Justices of Peace in their Counties and Magistrates in their Corporations would soon regulate abuses settle Peace and much inable the State and Common-wealth to pay publike debts and relieve distressed Souldiers For it is Law it self as virtue it selfe invirtuateth dignifieth and authorizeth her true servants to execute her precepts and confoundeth expulseth and turneth out of her service all her unjust Stewards and underminers As Jacob and David were preferred before their elder brethren and Saul Jeroboam c. were confounded by and for their own Apostacies As in all these cases c. all Justices of Peace should be carefull to observe their Oaths and perform their duties to the Common-wealth whereof they are eminent members So no doubt the Freemen of England would be ready to assist them in the regaining and preservation of their ancient Birth-rights Laws and Liberties Deus Faxit 8. Under the Titles of Trespases Contempts Oppressions