Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	parliament_n	reverse_v	1,554	5	12.7527	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56227	A seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all English freemen ...; Seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen.	Prynne, William, 1600-1669.	1654 (1654)	Wing P4122; ESTC R13248	47,108	63

AND PRINCIPLES upon which it was framed and founded Though the Generality of the afterwards-secured and secluded Majority of the House of Commons endeavoured constantly to make good this Declaration in all particulars yet how desperatly the garbled Minority thereof continuing in power after their Seclusion prevaricated apostatized and falsified their Faith and Engagements herein in every particle in the highest Degree we cannot but with greatest grief of heart and detestation remember to the subversion ●uine of our King Lords Commons Kingdom Parliaments Fundamental Laws Government and the Peoples Liberties c. almost beyond all hopes of restitution or reparation in humane probability without a miracle from heaven The Lord give them grace most seriously to consider of repent and really sincerely reform it now at last and not still add drunkenness to thirst lest they bring them to temporal and eternal condemnation for it in Gods own due time and engender endless Wars Troubles Taxes Changes Confusions in our Kingdoms as they have hitherto done By this full Jury of Parliamentary Authorities to omit many others of like or a inferiour nature and less moment it is undeniable That the People of England have both ancient Fundamental Rights Liberties Franchises Laws and a Fundamental Government which like the Laws of the Medes and Persians neither may or ought to be altered violated or innovated upon any pretence but perpetually maintained defended with greatest care vigilancy resolution and he who shall still deny or oppugne it deserves no refutation by further arguments since it is a received Maxime in all Arts Contra Principia negant●●● non est disputandum but rather demerits a sentence of Cond●●nation and publike Execution at Tyburn as a common Enemy Traytor to our Laws Liberties Nation it being no less then 〈◊〉 transcendent Crime and High Treason by our Laws for any person or persons secretly or openly to attempt the 〈◊〉 or subversion of our Fundamental Laws Rights Liberties Government especially by fraud treachery force or armed power and violence the later part of my first Proposal which I shall now confirm by these twelve following Presidents and Evidences corroborating likewise the former part that we have such Fundamental Laws Liberties Rights Franchises and a Fundamental Government too In the b fifth year of King Richard the second the vulgar rabble of people and villains in Kent Essex Sussex Norfolk Cambridgeshire and other Countreys under the Conduct of Wat Tyler Jack Straw and other Rebels assembling together in great multitudes resolved by force and violence to abrogate the Law of villenage with all other Lawes they disliked formerly setled to burn all the Records kill and beh●ad all he Judges Iustices and men of Law of all sorts which they could get into their hands to burn and destroy the Innes of Court as they did then the new Temple where the Apprentices of the Law lodged burning their Monuments and Records of Law there found to alter the Tenures of Lands to devise new Laws of their own by which the Subjects shold be governed to change the ancient Hereditary Monarchicall Government of the Realm and to elect petty elective Tyrannies and Kingdoms to themselves in every Shire a project eagerly prosecuted by some Anarchical Anabaptists Jesuits and Levellers very lately and though withall they intended to destroy the King to last and all the Nobles too when they had gotten sufficient power yet at first to cloak their intentions for the present they took an Oath of all they met Quod Regi communibus fidelitatem servarent that they should keep allegeance and faith to the King and Commons this their resolution and attempt thus to alter and subvert the laws government upon full debate in the Parliament of 5. R. 2. n 30 31. was declared to be High Treason against the King and against the Law for which divers of the chief Actors in this Treasonable design were condemned and executed as Traitors in several places and the rest enforced to a publike submission and then pardoned 2. In the a Parliament XL R. 2. as appears by the Parliament Rolls and printed Statutes at large three Privie Coun●cellors the Archbishop of York the Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessor five Knights six Judges where of Sir Robert Trisilian Chief Justice was one Blake of the Kings Councel at Law Vsk and others were impeached and condemned of High Treason some of them executed as Traytors the rest banished their Lands and goods ferfeited and none to endeavour to procure their pardon under pain of Felony for endeavouring to overthrow a Commission for the good of the Kingdome and contrary to an Act of Parliament of force of arms and Opinions in Law delivered to the King tending to subvert the Laws and Statutes of the Realm overthrow the Power Priviledges and proceedings of Parliament and betray not all the house of Lords but only some of the Lords of Parliament which Judgment being afterwards reversed in the forced and packed Parliament of 21. R. 2. was reconfirmed in the Parliament of 1 H. 4. c 3. 4 5. and the Parliament of 21. R. 2. totally repealed and adnulled for ever and hath so continued 3. In the a Parliament of 17 R. 2. n 20. and Pas. 17. R. 2. B. R S. Rot 16. Sir Thomas Talbot was accused and sound guilty of High Treason for conspiring the death of the Dukes of Glocester Lancaster and other Peers who maintained the Commission confirmed by act of Parliament X R. 2. and assembling people in a warlike manner in the County of Chester for the effecting of it in destruction of the Estates of the Realm and OF THE LAWES OF THE KINGDOME 4. In the 29. year of King Henry the sixth Jack Cade under a pretence to REFORM alter and abrogate some Laws Purveyances and extortions importable to the Commons whereupon he was called JOHN AMEND ALL drew a great multitude of Kentish people to Black Heath in a warlike manner to effect it in the Parliament of 29. H. 6. c. 1. this was adjudged High Treason in him and his Complices by act of Parliament and the Parliament of 31. H. 6. c 1. made this memorable Act against him and his Imitators in succeeding ages worth serious perusual and consideration by all who tread in his footsteps and over-act him in his Treasons Whereas the most abominable Tyrant horrible odious and erraut FALSE TRAITOR Iohn Cade calling himself sometimes Mortimer sometime Captain of Kent which Name Fame acts and Feats to be removed out of the speeh and mind of every faithful Christian man perpetually fasly and trayterously purposing and imagining the pertual destruction of the KINGS PERSON and FINALL SUBVERSION OF THIS REALM taking upon him * ROYALL POWER and gathering to him the Kings people in great number BY FALSE SVBTIL IMAGINED LANGVAGE and seditiously made a stirring Rebellion and insurrection under Colour of Justice for Reformation of the LAWS

Judgements and Authorities in all ages undeniably evidencing declaring vindicating establishing perpetuating these Fundamental Hereditary Rights Liberties Priviledges Franchises Customs Laws and abundantly manifesting the extraordinary care industry zeal courage wisdom vigilancy of our Ancestors to defend preserve and perpetuate them to posterity without the least violation or diminution 4. I shall vindicate the exellencie indifferencie and legality of trying all Malefactors whatsoever by Juries of their peers upon legal Processe and Indictments and manifest the illegality injustice partiality dangerous consequences of admitting or introducing any other form of Trials by New Arbitrary Martial Commissions or Courts of High Justice or rather * Injustice inconsistent with and destructive to the Fundamental Rights Liberties Priviledges Laws Franchises of the English Nation and of most dangerous President to Posterity being set up by the greatest Pretenders to Publike Liberty Law and the chiefest inveighers against Arbitrary Regal Tyranny and Power which never publikely established them by any Law and may fall to imitate them in future Ages Each of these I intend to prosecute in distinct Chapters in their order For the first of these That the Kingdome and Free-men of England have some Ancient Hereditary Right Liberties Priviledges Franchises Laws and Customs properly called FVNDAMENTAL and likewise a FVNDAMENTAL GOVERNMENT no wayes to be alt●red undermined subvert●d directly or indirectly under pain of High●treason in those who shall attempt it especially by fraud force or armed power I shall confirm the first part of it by these ensuing punctual Authorities of moment against those a traytorous late-published Pamphlets which professedly deny it and endeavour a total abrogation of all former Laws to set up a New Model and Body of the Law to rule us for the future according to their Pleasures The first is the expresse words of the Great Charters of the Liberties of England granted by b King John Anno 1215. in the 17 yeer of his Reign regranted and confirmed by King Henry the third in the ninth yeer of his Reign and sundry times afterwards and by King Edward the first in the 25 and 28 yeers of his Raign wherein these three Kings successively by their several Grand Charters under their Great Seals did grant give and confirm to all the Free-men of the Realm of England FOR THEMSELVES AND THEIR HEIRS FOR EVER the Customs Liberti●s therein contained TO HAVE AND TO HOLD THEM TO THEM AND THEIR HEIRS FROM THEM AND THEIR HE●RS FOR EVER Concluding their Charters thus All these Customs and Liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth TO US AND OUR HEIRS WE SHALL OBSERVE And ALL MEN OF THIS OUR REALM AS WELL SPIRITUALL AS TEMPORALL as much as in them is shall observe the same against all persons in likewise And we have granted unto them THAT NEITHER WE NOR OUR HEIRES SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THESE CHARTERS CONTAINED SHALL BE INFRINGED OR BROKEN We ●atifying and approving these Gifts and Graunts aforesaid CONFIRM and CORROBORATE ALL THE SAME FOR US AND OUR HEIRS PERPETUALLY and by these Presents as the later Charters run do renew the same Willing and Granting FOR US AND OUR HEIRS THAT THESE CHARTERS AND ALL AND SINGULAR THEIR ARTICLES FOR EVER SHALL BE STEDFASTLY FIRMLY AND INVIOLASLY OBSERVED Sir Edward Cook that reverend learned Judge and Professor of our Laws in his preface to his second Institutes and p. 2. and 77. thereof wherein he comments on this Great Charter printed by two Orders of the House of Commons in Parliament dated 12 Maii. 1641. and 30 Junii 1642. resolves in direct terms That the Great Charter was for the most part declaratory of the Principal Grounds of THE FVNDAMENTAL LAWS OF ENGLAND That these words therein for as and our heirs for ever were added to avoid all scruples THAT THIS GREAT PARLIAMENTARY CHARTER MIGHT LIVE AND TAKE EFFECT IN ALL SUCCESSIONS OF AGES FOR EVER A clear Resolution that the principal Liberties Customs Laws contained in these Great Charters and ratified by them are both Fundamental perpetual and unalitrable being since confirmed in all points by neer fourty several special Acts of Parliament in succeeding Parliaments and likewise by the Solemn Oathes of our Kings Nobles Judges Great Officers and of the People too all severall times sworn to defend and maintaine the same and by sundry Solomn Excommunications against the onfringers or contemners of them in any kind as I shall prove more fully in the third Chapter The second is the punctuall Resolution of the whole Parliament of 1 Jacobi even in a printed act of Parliament chap. 2. and of King James himself in his speech therein as is evident by this Prologue to that act Whereas his most excellent Majestie hath been pleased out of his great wisdome and judgment not onely to represent unto us by his own prudent and Princely Speech on the first day of this Parliament how much he desired in regard of his inward and gratious affection to both the famous and ancient Realms of England and Scotland now united in allegiance and by all subjection IN HIS ROYAL PERSON TO HIS MAJESTY AND HIS POSTERITY FOR EVER that by a speedy mature and sound Deliberation such a future Vnion might follow as should make perfect that mutual love and uniformity of Maners and Customs which Almighty God in his providence for the strength and safety of both Realms hath so far already begun in● pparent sight of all the world but also hath vouchsafed to expresse many ways how far it is and EVER SHALL BE from his Royal and sincere care and affection to the Subjects of England TO ALTER OR INNOVATE the FUNDAMENTAL and ANCIENT LAWS PRIVILEGES and GOOD CUSTOMS OF THIS KINGDOM whereby not only HIS ROYAL AUTHORITY but THE PEOPLES SECURITY OF LANDS LIVINGS and PRIVILEGES ●oth in generall and particular are PRESERVED and MAINTAINED and BY THE ABOLISHING OR ALTERATION OF THE WHICH IT is IMPOSSIBLE BUT that PRESENT CONFUSION WIL FALL UPON the WHOLE STATE and FRAME OF THIS KINGDOM c. In which memorable Clause these four things are observable 1. That the Kingdom and People of England have Fundamental ancient good Laws Privileges and Customs 2. That these are no ways to be altered or innovated and that it always hath been is and ever shall be far from the thoughts and intents of all good Kings Governours and Parliaments who bear a sincere care and affection to the subjects of England to alter or innovate them 3. That by these ancient good Laws Privileges and Customs not onely the Kings Regal authority but the peoples security of Lands Livings and Privileges both in general and particular are preserved and maintained 4. That by the abolishing or altering of them it is impossible but that present confusion will fall upon the whole State and frame of this Kingdome Which I wish all Innovators and New Modellers of our Laws

exceeding Straffords 10. As it is a crime Odious in the nature of it so it is odious in the Judgement and Estimation of the Law TO ALTER THE SETTLED FRAME AND CONSTITUTION OF GOVERNMENT IN ANY STATE Let those consider it who are guilty of it in the Highest Degree beyond Strafford Canterbery or the Shipmoney Judges in our own State The Lawes whereby all parts of a Kingdom are preserved should be very vaine and defective if they had not a Power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honour and Estate even all that can be forfeited and this Prisoner although he should * pay all these Forfeitures will still be a Debtor to the Common wealth Nothing can be more equall then that he should perish by the Justice of the Law which he would have subverted Neither will this be a New way of blo●d There are marks enough to trace this Law to the very Originall of this Kingdome And if it hath not been put in execution as he alledgeth this 240 yeares it was not for want of Law but that all that time had not bred a man * bold enough to commit such crimes as these Which is a circumstance much aggravating his Offence and making him no lesse liable to punishment because he is THE * ONELY MAN that in so long a time hath ventured UPON SUCH A TREASON AS THIS Thus far Mr. John Pym in the Name and by the Order and Authority of the whole Commons House in Parliament which I wish all those who by their Words Actions Counsels and printed Publications too have trayterously endeavored to subvert the Fundamentall Lawes Liberties of England and Ireland and to introduce an arbitrary and Tyrannical Government against Law as much as ever Strafford did and out stripped him therein ever since his execution in all particulars for which he was beheaded would now seriously lay to heart and speedily reform lest they equall or exceed him conclusion in Capitall punishments for the same or endlesse Hellish Torments The next Authority I shall produce in point is The speech and declaration of Mr. Oliver St. John at a Conference of both Houses of Parliament concerning Ship-mony upon Judge Finches Impeachment of High Treason January 14. 1640. printed by the Commons Orders London 1641. wherein he declares the sense of the Commons p. 12. c. That by the Judges Opinions forecited concerning Ship-mony THE FUNDAMENTAL LAWS OF THE REALM CONCERNING OUR PROPERTY and OUR PERSONS ARE SHAKEN Whose Treasonable Offence herein he thus aggravates p. 20. c. The Judges as is declared in the Parliament of 11 R. 2. are the Executors of the Statutes and of the Judgements and Ordinances of Parliament They have here made themselves the * EXECVTIONERS OF THEM they have endevoured THE DESTRVCTION OF THE FVND AMENTALS OF OVR LAWS and LIBERTIES Holland in the Low-Countries lies under the Sea the Superficies of the Land is lower than the Superficies of the Sea It is Capitall therefore for any man to cut the Banks because they defend the Country Besides our own even Forreign Authors as Comines observes That the Statute DE TALLAGIO and the other old Laws are the Sea walls and Banks which keep the Commons from the inundation of the Prerogative These * Pioners have not onely undermined these Banks but they have levelled them even with the ground If one that was known to be Hostis Patriae had done this thought the Dammage be the same yet the Guilt is lesse but the Conservatores Riparum the overseers instructed with the Defence of these Banks for them to destroy them the breach of Trust aggravates nay alters the nature of the offence Breach of trust though in a private Person and in the least things is odious amongst all men much more in a publick Person in things of great and publick concernement because * GREAT TRUST BINDS THE PARTY TRUSTED TO GREATEST CARE AND FIDELITY It is TREASON in the Constable of Dover-Castle to deliver the Keys to the known enemies of the Kingdome because the Castle is the Key of the Kingdome whereas if the house-keeper of a private person deliver possession to his Adversary it is a crime scarce punishable by Law The * Judges under his Majesty are the Persons trusted with the Laws and in them with the Lives Liberties and Estates of the whole Kingdome This Trust of all we have if primarily from his Majesty and * in him delegated to the Judges His Majesty at his Coronation is bound by his Oath TO EXECUTE JUSTICE TO HIS PEOPLE ACCORDING TO THE LAWS thereby to assure the people of the faithfull performance of his Great Trust His Majesty again as he trusts of Judges with the performance of this part of his Oath so doth he likewise exact another Oath of them for their due execution of justice to the people according to the Laws hereby the Judges stand intrusted with this part of his Majesties Oath If therefore the Judges shall do wittingly against the Law they do not onely break their own oaths and therein the Common Faith and trust of the whole Ki●●dome but do as much as in them lies sperse and blemish the sacred Person of his Majesty with the odious and hateful fin of * Perjury My Lords the hainousnesse of this offence is most legible in the * severe punishment which formour ages have inflicted upon those Judges who have broken any part of their Oaths wittingly though in things not so dangerous to the Subject as in the case in question * Sir Thomas Wayland Chief Justice of the Common-pleas 17 E. 1. was attainted of Felony for taking bribes and his Lands and goods forefeited as appears in the Pleas of Parlament 18 E. 1. and he was banished the Kingdome as unworthy to live in the State against which he had so much offended * Sir William Thorp Chief Justice of the Kings Bench in Edward the thirds time having of five persons received five severall Bribes which in all amounted to one hundred pounds was for this alone adjudged to be hanged and all his goods and Lands forfeited The reason of the Judgement is entered in the Roll in these words Quia praedictus Wilielmus * Throp qui Sacramentum Domini Regis erga populum suum habuit ad custodiendum fugit malitiosè falsò rebeliter quantum in ipso suit There is a notiable declaration in that Judgement that this Judgement was not to be drawn into example against any other officers who should break their Oaths but onely against those qui predictum Sacramentum fecerunt fregerunt * habent Leges Angliae ad custodiendum That is onely to the Judges Oaths who have the Laws intrusted unto them This Judgement was given 24. E. 3. The next year in Parliament 25 E. 3. Numb. 10. it was debated in Parliament whether this Judgement was legall