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	treason_n	2,197	5	9.2136	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91263	A seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen (their best inheritance, birthright, security, against arbitrary, tyrannicall, and Egyptian burdens) and of their strenuous defence in all former ages; of late years most dangerously undermined, and almost totally subverted, under the specious disguise of their defence and future establishment, upon a sure basis, their pretended, greatest propugners. Wherein is irrefragably evinced by Parliamentary records, proofs, presidents, that we have such fundamentall liberties, ... that to attempt or effect the subversion of all or any of them, ... is high treason: ... / By William Prynne of Swainswick, Esquire.; Seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all English freemen. Part 1	Prynne, William, 1600-1669.	1654 (1654)	Wing P4062; Thomason E812_10; ESTC R207634	45,225	63

CHARTERS CONTAINED SHALL BE INFRINGED OR BROKEN We ratifying and approving these Gifts and Grants aforesaid CONFIRM and CORROBORATE ALL THE SAME FOR US AND OUR HEIRS PERPETUALLY and by these Pr●sents 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 INVIOLABLY 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 Junit 1642. resolves in direct terms That the Great Charter was for the most part declaratory of the Principal Grounds of THE FUNDAMENTAL LAWS OF ENGLAND That these words therein for us 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 unalterable 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 several times sworn to defend and maintain the same and by sundry Solemn Excommunications against the infringers or contemners of them in any kinde as I shall prove more fully in the third Chapter The second is the punctual 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 wisdom and judgement 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 gracious 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 Union 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 apparent sight of all the world but also hath vouchsafed to express 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 PRIVILEDGES GOOD CUSTOMS OF THIS KINGDOM whereby not onely HIS ROYAL AUTHORITY but THE PEOPLES SECURITY OF LANDS LIVINGS and PRIVILEDGES both in General and Particular ARE PRESERVED AND MAINTAINED Nota. and BY THE ABOLISHING OR ALTERATION OF THE WHICH IT IS IMPOSSIBLE BUT THAT PRESENT CONFUSION WILL FALL UPON THE WHOLE STATE AND FRAME OF THIS KINGDOM c. In which memorable Clause these four things are observable 1. That the Kin●dom and People of England have Fundamental ancient good Laws Priviledges 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 Priviledges and Customs not onely the Kings Regal authority but the Peoples Security of Lands Livings and Priviledges 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 Kingdom Which I wish all Innovators and New Modellers of our Laws would now at last say seriously to heart and the whole Kingdom and English Nation sadly consider who have found it an Experimental truth of late yeers and no imaginary feigned Speculation The third is The Remonstrance of the whole House of Commons in Parliament delivered in writing to K. James in the Parliament of 7 Jac. anno 1610. which begins thus To the Kings most Excellent Majesty Most gracious Soveraign WHereas we your Majesties most humble Subjects the Commons assembled in Parliament See Prop. 1. 6. in chap. 2. have received first by Message and since by Speech from your Majestie a Command of restraint from debating in Parliament your Majesties Right of imposing upon your subjects goods exported out of or imported into this Realm yet allowing us to examine the grievance of these Impositions in regard of quantity time and other circumstances of disproportion thereto incident We your said humble Subjects nothing doubting but that your Majestie had no intent by that command to infringe THE ANCIENT AND FUNDAMENTAL RIGHTS OF THE LIBERTY OF PARLIAMENT in point of exact discussing of all matters concerning them and their Possessions Goods and Rights whatsoever which yet we cannot but conceive to be done in effect by this command Do with all humble duty make this Remonstrance to your Majestie First We hold it an AN ANCIENT GENERAL and UNDOUBTED RIGHT OF PARLIAMENT to debate freely all matters which do properly concern the Suject and his Right or Estate which freedom of debate being once fore-closed Nota. THE ESSENCE OF THE LIBERTY OF PARLIAMENT IS WITHAL DISSOLVED Here the whole House of Commons in a special Remonstrance to King James printed and published by Order of a Committee of the House of Commons for licensing of book● dated 20 Maii 1641. 17 Caroli declare resolve vindicate and maintain One principal ancient Fundamental general undoubted Right of the Liberty of Parliament against the Kings intrenchment on it Of which should they be but once fore-closed the Essence of the Liberty of Parliament is withal dissolved And peradventure it may not be unworthy the most serious Disquisition of the next ensuing nominal or real Parliament to examine whether some Clauses and Restrictions in the 9 12 14 16 17 21 22 24 25 27 30 32 33 36 37 38 39 40 Articles or Strings of the New Instrument intituled The Government of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging as it was publikely declared at Westminster the 16 day of December 1653. c. do not as much nay far more intrench upon the ancient Fundamental General undoubted Right and Liberty of Parliament and Parliamentary free Debates to the dissolution of the Essential Liberty of all future Parliaments as this Command of King James did or as the Bishops late Canons imposed on the Clergie in and by the Convocation Anno 1640. ever did and this Clause in their c. Oath then made now imitated by

punishm●nt again and again and i●stifie it still in 〈◊〉 at his pleasure dissolve this Parliament the Kingdom is not only deprived of the present but made uncapable of enjoying the benefit of any future Parliament or Laws any longer then shall stand with the will and pleasure of the King and consequently THE FUNDAMENTALS OF ALL OUR LAWS GOVERNMENT ARE SUBVERTED Let the Parliament-dissolving Officers Army and their Confederates seriously ponder this with all who shall hereafter sit in Parliamen● consider it in the first place The eleventh is ●1 the a A Collection c. p. 504. Ordinance of both Houses of Parliament 13. Junii 1644. for the Forces raised in the County of Salop which begins thus The Lords and Commons assembled in Parliament taking into their serious considerations the great oppressions under which the Inhabitants of the County of Salop by reason of insupportable Taxes c. and the present condition of the County by reason of the great number of Irish Rebels that have invaded it and joyned with Papists and other ill-affected Persons now in those parts doth threaten the extirpation of the Protestant Religion and the s●b●e●sion of THE FUNDAMENTAL LAWS GOVERNMENT OF THE KINGDOM For prevention whereof c. The twelfth is b A Collection c. p. 877 878 879. A Declaration of the Commons of England assembled in Parliament 17. 12. Aprilis 1646. Of their true intentions concerning the AN●●IENT FUNDAMENTAL GOVERNMENT OF THE KINGDOM securing the people against ALL ARBITRARY GOVERNMENT c. wherein they complain That the Enemy being in despair to accomplish his designs by War do misrepresent our intentions in the use we intended to make of the great Successes God hath given us and the happy opportunity to settle peace and truth in the three Kingdoms to beget a belief that we now desire to exceed or swerve from our first Aims and Principles in the Undertaking of this War and to recede from the Solemn League and Covenant and Treaties between the two Kingdoms and that we would prolong these uncomfortable Troubles ●nd b●eeding Distractions IN * And is not this now proved a real exper●●mental 〈◊〉 in some of 〈◊〉 Remonst●●s to their shame ORDER TO ALTER THE FUNDAMENTAL CONSTITUTION FRAME OF THIS KINGDOM to leave all Government in the Church loose and unsetled and our selves to exercise THE SAME ARBITRARY POWER OVER THE PERSONS ESTATES OF THE SUBJECTS which this present Parliament hath thought fit to abolish by taking away the Star-Chamber High Commission and other Arbitrary Courts and the exorbitant Power of the Councel Table all which we have seen since experimentally verified in every particular in the highest d●gree notwithstanding this Declaration by some in late and present Power notwithstanding this Publication All which being seriously considered by us c. We do declare THAT OUR TRUE REAL INTENTIONS ARE OUR ENDEAVOR SHALL BE to settle Religion in the purity thereof * And can most of the 〈◊〉 monst●●ns 〈…〉 or present power 〈…〉 joy this 〈◊〉 truth or really And must not they be utterly asham●ed confounded before God and men when they consider how they have dissembled prev●ri●ated with God and men herein in each particular TO MAINTAIN THE ANCIENT FUNDAMENTAL GOVERNMENT OF THIS KINGDOM TO PRESERVE THE RIGHTS LIBERTIES In the b Walsingha● Stow Hollinshed Speed Grafton Baker An. 5. R. 2. John Stows Survay of London p. 89. 10 103. Mr. St. Iohns Argument at Law at Straffords Attainder p. 14 fifth year of King Richard the second the vulgar Rabble of people and Villains in Kent Essex Sussex Norfolk Cambridgeshire and other Countries 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 settled to burn all the Records kill and behead all the Judges Justices 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 should be governed to change the ancient Hereditary Monarchicall Government of the Realm and to elect pettie elective Tyrannies and Kingdoms to themselves in every Shire a project eagerly prosecuted by some Anarchicall Anabaptists and Jesuites Levellers very lately and though withall they intended to destroy the King at 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 and 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 actours in this Treasonable Design were condemned and executed as Traitors in severall places and the rest enforced to a publick submission and then pardoned 2. In the a Stow Holinshed Sp●ed Graften Baker in XI 21. R. 2. and 1. H. 4. Satutes at large 11. and 21 R. 2. 1. H. 4 M. St. ●ohns Speech concerning the shipmony Judges p. 28. to 37. And Argument at Law at Straffords Attainder Parliament XL. R. 2. as appears by the Parliament Rolls and printed Statutes at large three Prive Councellours the Archbishop of York the Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessour five Knights six Judges whereof Sir Robert Tresilian 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 forfeited and none to endevour 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 Judgement 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 Mr. St. John at Law against Straffords Attainder p. 13. 14 17. Parliament of 17 R. 2. n. 20. and Pas 17. R. 2. B. RS. Ror 16. Sir Thomas Talbot was accused and found guilty of High Treason for conspiring

times more to T●oopers and Souldiers who forcibly levy their unlawfull Contributions and Excises and otherwise which altogether as is conceived amounts not to lesse than a million in five years space whereas now we pay above two Millions in Taxes Imposts Excises every year besides the infinite v●xations of the Subject by suits in Law binding them over attendance at the Councel Table taking them from their necessary imployments in making Sesses and Collections and imprisonment of their persons all now trebled to what then I say besides what is past to make our miseries compleat they have as much as in them is MADE THEM ENDLESSE as others since have done for by these Opinions they have put upon themselves and their Successors An impossibility of ever doing us right again an incapacity upon us of demanding it so long as they continue as the Compilers of the late Instrument with 42. Strings intitu●ed The Government of the Common-wealth of England c. Artic. 1 2 3 9 10 12 22 24 25 26 27 28. 31 32. 36 37 38 39. have done as far as they and much beyond them In that sore famine in the Land of Egypt when the inhabitants were reduced to the next doore to death for there they say why should we die for bread First they give their money next their flocks and Cattle last of all their persons and Lands for bread all became Pharaohs but by this Lex Regia there is a transaction made not onely of our persons but of our bread likewise wherewith our persons should be sustained that was for bread this of our bread For since these Opinions if we have any thing at all we are not at all beholding TO THE LAW FOR IT but are wholly cast UPON THE MERCY and GOODNESSE OF THE KING Again there the Egyptians themselves sold themselves and all they had to the King if ours had been so done if it had been so done by our own free consent in Parliament we had the lesse cause to complain But it was done against our wills and by those who were trusted and that upon Oath with the preservation of these things for us The Laws are our Forts and Bulwarks of Defence If the Captain of a Castle onely out of fear and Cowardice and not from any Compliance with the enemy surrender it This is TREAON as was adjudged in Parliament 1 R. 2. in the two Cases of Comines and Weston and in the Case of the Lord Gray for surrendering Barwick Castle to the Scots in Edward the thirds time though good defence had been made by him and that he had lost his eldest son in maintenance of the Siege and yet the losse of a Castle loseth not the Kingdome onely the place and adjacent parts with trouble to the whole But by the Opinions there is a Surrender made of all our Legal defence of Property that which hath been preacht is now judged that there is no Meum Tuum between the King and people besides that which concerns our Persons The Law is the Temple the Sanctuary whether Subjects ought to run for shelter and Refuge hereby it is become Templum fine numine as was the Temple built by the Romane Emperour who after he had built it put no gods into it We have the Letter of the Law still but not the sense we have the Fabrick of the Temple still but the Dii Tutelares are gone But this is not all the Case that is That the Law now ceaseth to aid and defend us in our Rights for then possession alone were a good Title if there were no Law to take it away Occupanti concederetur melior esset Possidentis conditio But this though too bad is not the worst for besides that which is Privitive in these Opinions there is somewhat positive For now the Law doth not onely not defend us but the Law it self by temporising Judges and Lawyers is made the Instrument of taking all away For whensoever his Majesty or his Successors shall be pleased to say that the good and safety of the Kingdome is concerned and that the whole Kingdome is in danger the when and how the same is to be prevented makes our persons and all we have liable to bare will and Pleasure By this means The Sanctuary is turned into a Shambles the Forts are sleighted that so they might neither do us good nor hurt But they are held against us by those who ought to have held them for us and the mouth of our own Can●n is turned upon our own selves and that by our own military Officers Souldiers and others since as well as the Ship money Judges then ' Thus far Mr. Oliver St. John by the Commons Order whose words I thought fit thus to transcribe at large because not onely most pertinent but seasonable for the present times wherein as in a Looking Glasse some pretended Judges and Grandees of these present and late past times may behold their own faces and deformities and the whole Nation their sad condition under them In the residue of that his Printed Speech he compares the Treason of the Shipmony Judges and of Sir Robert Tresylium and his Complices in XI R. 2. condemned and executed for Traytors by Judgement in Parliament for endevouring to subvert the lawes and statutes of the Realm by their illegall Opinions then delivered to King Richard at Nottingham Castle not out of conspiracy but for fear of death and corporall Torments wherewith they were menaced whose offence he there makes transcendent to theirs then in six particulars as those who please may there read at leisure being over large to transcribe I could here inform you that the Fundamentall laws of our Nation are the same in the Body politique of the Realm as the Arteries Nerves Veins are in and to the naturall Body the Bark to the tree the Foundation to the House and therefore the cutting of them asunder or their Subversion must of necessity kill destroy disjoyn and ruine the whole Realm at once therefore it must be Treason in the highest degree But I shall onely subjoyn here some materiall Passages in his Argument at Law concerning the Attainder of high Treason of Thomas Earl of Strafford before a Committee of both Houses of Parliament in Westminster Hall April 29. 1641. soon after printed and published by Order of the Commons House wherein p. 8. he layes down this Position recited again p. 64. That Straffords Endeavouring To subvert the Fundamentall Laws and Government of England and Ireland and instead thereof to introduce a Tyrannicall Government against Law is Treason by the Common-Law That Treasons at the Common-Law are not taken away by the Statutes by 25. E. 3. 1. H. 4. c. 10. 1. Mar. c. 1. nor any of them The Authorities Judgements in and out of Parliament which he cites to prove it have been already mentioned with some others he omitted I shall therefore but transcribe his Reasons to evince it to be Treason super-added to those

alledged by him against the Shipmony Judges Page 12. It is a Warre against the King Let our Military Officers and souldiers consider it when intended The alteration of the laws or Government in any part of them This is a levying Warre against the King and so Treason within the Statute of 25 E 3. 1. Because the King doth maintain and protect the laws in every part of them 2. Because they are the Kings laws He is the Fountain from whence in their severall Channells they are derived to the Subject Whence all our indictments run thus Trespasses laid to be done Contra pacem Domini Regis c. against the Kings Peace for exorbitant offences though not intended against the Kings Person against the King his Crown and dignity ' Page 64. In this I shall not labour at all to prove That the endevouring by words Counsels and actions To subvert the Fundamentall Laws and Government of the Kingdome is Treason at the Common Law If there be any Common Law Treasons at all left NOTHING TREASON IF THIS NOT TO MAKE A KINGDGME NO KINGDOME Take the Polity and Government away England's but a piece of earth wherein so many men have their commerce and abode without rank or distinction of men without property in any thing further than in possession no Law to punish the murdering or robbing one another ' ' Page 70 71 72. The horridnesse of the offence in endeavouring to overthrow the Lawes and present Government hath been fully opened before The Parliament is the representation of the whole Kingdome wherein The King as Head your Lordships as the more Noble and the Commons the other Members are knit together in one body Politick This dissolved the Arteries and Ligaments that hold the body together THE LAWES He that takes away the Laws takes not away the Allegiance of one Subject onely but of the whole Kingdome It was made Treason by the Statute of 13 Eliz. for her time to affirm That the Lawes of the Realme doe not bind the descent of the Crown No Law no descent at all NO LAWES NO PEERAGE no ranks nor degrees of men the same condition to all It s Treason to kill a Judge upon the Bench this kills not Judicem sed JVDICIVM There be twelve men but no Law never a Judge amongst them It s felony to embezel any one of the Judiciall Records of the Kingdome THIS AT ONCE SWEEPS THEM ALL AWAY and FROM ALL. It s Treason to countefeit a twenty shilling piece here 's a counter feiting of the Law we can call neither the counterfeit nor the true coin our own It s Treason to counterfeit the Great Seal for an Acre of Land No property is left hereby to any Land at all Nothing Treason now against King or Kingdome No Law to punish it My Lords if the Question were asked in Westminster Hall whether this were a Crime punishable in Star chamber or in THE KINGS BENCH by Fine or imprisonment They would say It were higher If whether Felony They would say That is an offence onely against the life or goods of some one or few persons It would I believe be answered by the Judges as it was by the Chief Justice Thirning in 21 R 2. That though he could not judge the Case TREASON there before him yet if he were a Peer in Parliament HE WOVLD SO ADJVDGE IT And so the Peeres did here in Straffords and not long after in Canterburies Case who both lost their Heads on Tower Hill ' I have transcribed these Passages of Mr. Oliver St. John at large for five Reasons 1. Because they were the voice and sense of the whole House of Commons by his mouth who afterwards owned and ratified them by their speciall Order for their publication in print for information and satisfaction of the whole Nation and terrour of all others who should after that either secretly or openly by fraud or force directly or indirectly attempt the subversion of all or any of our Fundamentall Laws or Liberties or the alteration of our Fandamentall Government or setting up any arbitrary or Tyrannicall power Taxes Impositions or new kinds of arbitrary Judicato●ies and imprisonments against these our Laws and Liberties 2. To mind an inform all such who have not only equalled but transcended Strafford and Canterbury in these their High Treasons even since these Publications Speeches and their exemplary executions of the hainousnesse in excusablenesse wilfulnesse maliciousnesse Capitalnesse of their crimes which not onely the whole Parliament in generality but many of themselves in particular so severely prosecuted condemned and inexorably punished of late years in them that so they may bewail repent of and reform them with all speed and diligence as much as in them lies And withall I shall exhort them seriously to consider that Gospel terrifying Passage Rom. 2. 1 2 3. Therefore thou art inexcusable O man whosoever thou art that judgest for wherein thou judgest another tbou CONDEMNEST THY SELF FOR THOU THAT JUDGEST DOEST THE SAME THINGS But we are sure that the judgement of God is according to truth against them which commit such things And thinkest thou this O man that judgest them which do such things and doest the same that thou shalt escape the Judgement of God 3. To excite all Lawyers especially such who of late times have taken upon them the stile and power of Judges to examine their consciences actions how far all or any of them have been guilty of these crimes and Treasons so highly aggravated and exemplarily punish●d of former and later times in corrupt cowardly time-serving degenerate Lawyers and Judasses rather than Judges to the disgrace of their Profession and prejudice of the Fundamentall Lawes Liberties Rights Priviledges of our Nation Peers Parliaments subversion of the Fundamentall Government of this famous Kingdome whereof they are Members 4. To instruct those Jesuited Anabaptists Levellers and their Factors especially John Canne and the rest of the Compilers Publishers Abetters of the Pamphlet intituled Lieutenant Colonel Lilburn tried and cast and other forementioned publications who professedly set themselves by words writing Counsels and overt Acts to subvert both our old Fundamentall and all other Laws Liberties Customes Parliaments and Government what transcendent Malefactor● traytors and Enemies they are to the publick and what Capitall punishments they may thereby incurre as well as demerit should they be legally prosecuted for the same and thereupon to advise them timely to repent of and desist from such high Treasonable Attempts 5. To clear both my self and this my seasonable Defence of our Fundamentall Lawes Liberties Government from the least suspition or sh●dow of Faction Sedition Treason and Enmi●y to the publick peace weal settlement of the Nation which those and those onely who are most Factious and seditious and the greatest Enemies Traytors to the publick tranquility weal and establishment of our Kingdome as the premises evidence will be ready maliciously to asperse both me and it with as they

* Aave not other Pioners and Jasses done the like Pioners have not onely undermined these Banks but they have levelled them even with the ground It one that was known to be Hostis Patriae had done this though the Dammage be the same yet the Guilt is lesse but the Con●ervatores Riparum the overseers intrusted 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 concernment because * This is now grown a meere Paradox 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 Kingdom because the Castle is the Key of the Kingdome wheras if the housekeeper of a private person deliver possession to his Adversary it is a crime scarce punishab●e by Law The * What are they now of late times of publick Changes Judges under his Majesty are the Persons trusted with the Laws and in them with the Lives Liberties and Estates of the whole Kingdom This Trust of all we have is primarily from his Majesty * See 27 H. 8. c. 24. 26. Magna Charta c. 12. 29 32 H. 3. c. 1. 3 5. 9 20 3 E. 1 c. 44. 45 46. 13 E. 1. 10 12 30 31. 35 39. 44. 45. 25 E 1. c. 1 2. 27 E. 1. c. 2 3. 34 E. 1. c. 6. 12 E. 2. c. 6. 2 E. 3. c. 3. 14 E. 3. c. 10. 16. Rastal Justices 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 the 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 Kingdome but do as much as in them lies sp●rce and blemish the sacred Person of his Majesty with the odious and hatefull sin of * Was it ever so freque ●t a sia as now in all sorts of late Judges Officers Subjects Perjury My Lords the hainousnesse of this offence is most legible in the * Do none deserve as severe now severe punishment which former 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 * See Cooks 3. Instil p. 146 147 and f. 133 Hollirshed p. 284 285. Speeds History p. 651. S●ow Walsingham Daniel in 18 Ed. 1. Sir Thomas Wayland Chief Justice of the Common-Pleas 17 E. 1. was attainted of Felony for taking bribes and his Lands and Goods forfeited as appears in the Pleas of Parliament 18 E. 1. and he was banished the Kingdome as unworthy to live in the State against which he had so much offended * See Cgoks 3. Instit. p. 145. 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 * Have none of this Name or of his Function since done the like in an higher degree Thorp qui Sa cramentum Domini Regis erga populum suum habuit ad custodiendum fugit malitiosè falsò rebelliter quantum in ipso fuit There is a notable 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 praedictum Sacramentum fecerunt fregerunt * Let Custodes Legum Lib●rtatum Angliae remember it 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. Num. 10. it was debated in Parliament whether this Judgement was legall Et nullo contradicente it was declared TO BE JUST AND ACCORDING TO THE LAW and that the * Let the Repater and others consider it same Judgement may be given in time to come upon the like occasion This case is in point That it is death for any Judge wittingly to break his ●ath in any part of it This oath of Thorp is entred in the Roll and is the same verbatim with the Judges Oath in 18 E. 3. and is the same which the Judges now take And let those who have taken the same Oath remember and apply this President left others do it for them Your Lordships will give me leave to observe the differences between that and the case in question 1. That of Thorp was onely a selling of the Law by Retail to those five persons for he had five severall bribes of these five persons the Passage of the Law to the rest of the Subjects for ought appears was free and open But these Opinions are a conveyance of the Law by wholesale and that not to but from the Subject 2. In that of Thorp as to those five persons it was not an absolute deniall of Justice it was not a damming up but a straitning onely of the Chanel For whereas the Judges ought Judicium reddere that is the Laws being THE BIRTHRIGHT and INHERITANCE OF THE SVBJECT the Judge when the parties in suit demand Judgement should re dare freely restore the Right unto them now he doth not dare but vendere with hazard onely of perverting Justice for the party that buyes the Judgement may have a good and honest cause But these Opinions besides that they have cost the Subjects very dear dearer than any nay I think I may truly say than all the unjust Judgements that ever have been given in this Realm witnesse the many hundred thousand pounds which under colour of them have been levyed upon the Subjects amounting to * This is nothing in comparison to the late Taxes or Excises imposed on the Subjects without a Parliament amounting to above 20 times as much as the Kings Shipmony and more frequent uncessant and endlesse than it seven hundred thousand pounds and upwards that have been paid unto the Treasurer of the Nav● in sundry years besides what the Subjects have been forced to pay Sheriffes Sheriffes-Bayliffes and now an hundred