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	remove_v	writ_n	1,732	5	10.0964	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79846	A full ansvver to an infamous and trayterous pamphlet, entituled, A declaration of the Commons of England in Parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the King.	Clarendon, Edward Hyde, Earl of, 1609-1674.	1648 (1648)	Wing C4423; Thomason E455_5; ESTC R205012	109,150	177

joyne with them they will doe their work themselves without Him There is no one Proposition that hath more mis-led men then the discourse of the Parliaments being the supream Court of Judicature and therefore that they have the sole power to declare Law It is confessed that the House of Peers in Parliament for any pretence of the House of Commons to judicature is groundlesse and unreasonable and unheard of till within these last seven years is the supream Court of Judicature whither any person that conceives himself oppressed by the judgment of any other Court may by writ of Error remove that judgment of which he Complaines and from the Sentence of that Court there is no Appeale which His Majesty well expressed in His Answer to that Declaration of the 19 of May in these words We deny not but they may have a power to declare in a particular doubtfull case regularly brought before them what Law is but to make a generall Declaration whereby the known rule of the Law may be crossed or altered they have no power nor can exercise any without bringing the Life and Liberty of the Subject to a lawlesse and arbitrary subjection Which assertion the too sad experience of all men hath evinced to be most reasonable The truth is that power of declaring in a particular case so brought before them is rather a power to declare what shall be done in that case then what the law is for if they reverse a judgment brought before them and determine the right otherwise then it hath been judged by the sworne Judges that judgement is no rule to the sworne Judges to judge by but they may in the like case without imputation of Crime or error judge as they did formerly which shews that the Judges are the onely Interpreters of the Law in their severall Courts though in these cases removed regularly before the Lords the party must acquiesce there being no other Court to appeale to Adde to this that there hath been in all times that reverence to the sworne Judges of the Law that the Lords in Parliament have alwaies guided themselves by their opinion in matters of law neither will it be ever found before this Parliament that the House of Peers ever declared or judged the law in any particular case against the unanimous opinion of the Judges who are assistants only for that purpose neither is it reason that any should be thought fit Interpreters or Declarers of the law but they who have studied it and are sworne to doe it truly And to this point though there are multitude of examples and Presidents there shall be one only remembred In the Parliament in the 28 year of Hen. 6. upon the 16 of January the Commons desired That William de la Poole Duke of Suffolk should be Committed to prison for many Treasons other hainous Crimes cōmitted by him The Lords in Parliament were in doubt what Answer to give they demanded the opinion of the Judges their opinion was that he ought not to be Committed And the reason was for that the Commons did not charge him with any particular Offence but with generall Slanders and Reproaches And therefore because the specialties were not shewed he was not to be Committed this opinion was allowed and the Duke was not Committed till a Fortnight after that the Commons had exhibited speciall Articles against him that he conspired with the French King to invade the Realme c. And then he was sent to the Tower So great respect did those times beare to the Judges of the Law and so much courage had the Judges then to declare what the Law was Having now made it manifest that this most destructive maxime or principle is no new position but agreeable to antiquity Conscience truth and Law and therefore not like to be a fit foundation for all Tyranny It will not be unseasonable to observe that these words were spoken by His Majesty at the first Session of Parliament in the 3 year of his Reigne and that though the matter of them hath been often since and must be alwaies averred by him the very words have not been used in Speech or Declaration by His Majesty since the beginning of this Parliament and that that very Parliament continued many Months after and never in the least degree made question of them nor hath any objection been made to them till this new Declaration of the Commons near 18 years after and therefore it is not probable that they have been before mis-interpreted or censured It may be likewise in this place fit to inform the people what these men meane by the power of Declaring Law which they are so ambitious of that they may know how little else they would need to destroy King and people if they were possessed of this power in the sense they intend which will best appear by the instances in which they have assumed it The King proclaimes Sir John Hotham guilty of high Treason for having shut the Gates of Hull and having made resistance with armed men in defiance of His Majesty which he saies is high Treason by the Statute of the 25 year of Edw. 3. c. 2. They declare that Sir John Hotham did not shut the Gates against Him in defiance but in obedience to His Majesty and that the meaning of that Statute is onely against those who levyed War against the Kings laws and authority that the Kings Authority is only in them and they only can judge of the laws and therefore that they who shall levy War by their authority though against the personall Commands of the King and accompanied with his presence incur no danger by that Statute And that they who did attend His Person against them are guilty of Treason within that Statute The King for the information of his Subjects remembers them of the Statute made in the 11 year of K. Hen. 7. cap. 1. by which it is enacted That no manner of person whosoever he be that attends upon the King and Soveraign Lord of this Land for the time being in His Person and doe Him true and faithfull service of allegiance in the same or be in other places by His Commandement in His Wars shall be convict or attaint of high Treason nor lose Lands Goods c. They declare that by the King in this Statute is meant the Parliament If they are told the King is Supreme head and Governour over all persons within His Dominions and that He is so acknowledged to be by the Oaths themselves have taken They presently declare that it is meant of singular persons rather then of Courts or of the collective body of the whole Kingdome Examples innumerable of this kind might be remembred and the consequence needs not be pressed That the absurdity may a little appeare as well as the mischief they apply this faculty of declaring to the satisfying their Curiosity and supporting their Credit to matter of right and matter of