Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	lord_n	speak_v	word_n	5,998	5	4.2483	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89756	A brief discourse made by Capt. Robert Norwood on Wednesday last, the 28 of January, 1651. in the Upper-Bench-Court at Westminster: with some arguments by him then given, in defence of himself, and prosecution of his writ of errour by him brought upon an indictment found and adjudged against him upon the act against blasphemy, at the sessions in the Old-Bayly, London, in August last. Some small addition, by way of illustration, is made, to what was then delivered; but nothing as to the substance of the matter. He is to appear again in the same court on Wednesday next in the morning, being the 3 of February; where also one M. Tany, who was joyned in the same indictment and judgement, having not yet made his defence, is to appear, and make his defence also. The arguments may deserve some consideration: the strength and weight of them I submit to the judgement of all, and the whole matter to the inspection of the sage and judicious.	Norwood, Robert, Captain.	1652 (1652)	Wing N1380; Thomason E652_11; ESTC R205895	6,475	8

A BRIEF DISCOURSE Made by Capt. ROBERT NORWOOD on Wednesday last the 28 of January 1651. in the Upper-Bench-Court at WESTMINSTER With some Arguments by him then given in defence of himself and prosecution of his Writ of Errour by him brought upon an Indictment found and adjudged against him upon the Act against Blasphemy at the Sessions in the Old Bayly London in August last Some small Addition by way of Illustration is made to what was then delivered but nothing as to the substance of the matter He is to appear again in the same Court on Wednesday next in the morning being the 3 of February where also one M. Tany who was joyned in the same Indictment and Judgement having not yet made his Defence is to appear and make his Defence also The Arguments may deserve some consideration the strength and weight of them I submit to the judgement of All and the whole matter to the inspection of the sage and judicious Imprinted at London February 1. 1652. A DISCOURSE made by Captain ROBERT NORWOOD My Lord I Shall presume by your Honours favour in the pursuance of my own right to speak a few words to those three particulars assigned by my Counsel for Errour in the Indictment framed against me I know the business hath already been tedious and troublesome enough to your Lordship and the Court but it hath been much more so to me and extreme chargeable also nay my Lord it hath hazarded my utter ruine I shall be very brief and if in any thing I shall transgress the rules of Reason and Moderation I shall readily receive a check from your Lordship TThe first error signed by my Councel is that two should be put in one Inditement their charge being severall That it is error I shall make manifest thus First the one is made uncapable of his defence according to Law by traverse Writ of error or otherwise without the consent of the other for 't is his Inditement as well as mine and thereby have I a manifest injury done me which the Law allowes not and hereby is one Law made to thwart contradict and fight against another and my right in the Law is wholly taken away and destroyed by this joynt Inditement I being hereby cut off from making my legal defence without the approbation and consent of the other for he is every way joyntly interested with my self by this joynt Inditement The Law saith You may traverse or bring your Writ of error without the consent concurrence or hinderance of any but this joynt Inditement sayth No you shall not except the other party will consent and agree also and if he will never consent I must never have the benefit of that remedy for making my defence which the Law allowes me Secondly Again suppose I have his consent and approbation yet if the other be either unwilling or unable as to the charge I must be at the clarge of the whole when as perhaps 2 l. might bear the charge of what is laid down against me 25 will not bear the charge of taking out transfering the Records and the like And hereby is a most great and manifest injury and wrong done and committed for he who hath 5 l. may not have 10 l. or 25 and here by becomes it most unjust and illegall to put another mans burthen upon my back contrary to the very end of the Law which in all things is to save not to destroy yet hereby am I destroyed though through no fault or fayling of my owne Thirdly One may be found guilty the other not yet he that is guiltless must be forced to bear the charge of him that is guilty Many other inconveniencies necessarily arise from hence which your Lordship is better acquainted withall then my self Fourthly The fourth is that which Judge Nicols the last Term rightly and truly observed and that was this That the Judgment given upon that Inditement must be fals for the Inditement being joynt the Judgment must be joynt also and the Judgement given according to the Act is that we must remaine Prisoners after the expiration of the time limited in the Act until we have given security for our good behaviour for 12 months after And as Judge Nicols then observed in case the one party could not or would not finde Sureties at the time yet must the other remaine Prisoner until he can or will if he never will or can that other must ever remain Prisoner at least untill his death Thus of necessity must there be and is a fals and erroneous Judgement passed centrary to the Act upon this joynt Inditement and there by the true intent of the Law and so the Law it self destroyed Something your Lordship observed the last day which I neither very well heard nor understood But as I take it it was of two being joyntly indited for Perjury My Lord if it were Perjury of one and the same kind in one and the self-same matter and no subsequent act to be performed by them afterwards wherein there is necessarily required the concurrence of the other and without which the other cannot performe what by the Judgement in Law he is bound to doe then perhaps in some sence it might be good But my Lord my case is otherwise for I must still remain Prisoner by that Judgement when I have performed what by the Judgement in Law I for my part am injoyned and that untill he have done so also and by this meanes a false or wrongfull Imprisonment must of necessity be sustained by me and I shall not need to tell your Lordship how tender the Law is of imprisoning any it allowes imprisonment onely in extraordinary cases for extraordinary ends The speciall care and provision made as to Liberty is even to be admired and how great a penalty the Law inflicts for false imprisonment no lesse then 5 l. an hour Besides my Lord Reason is a surer and better ground then bare President for Reason carries light with it bare President is dark therefore deceitfull And verily my Lord it were much for your Honour nay for your own and your posterities safety and happiness that the Law were made to speak and give forth its entire unity and simple integtity and not made thus to clash against it self My Lord the next thing signed by my Counsel for error is that the Inditement throughout is supplyed with these words meaning so and so as thus He spoke such words meaning so and so as it 's laid down in the Indilement You know my Lord all Inditements ought to be positive certain how else can a certain positive and true Judgment be given For my Lord upon an uncertain thing you cannot possibly in any case fix a certain and positive Determination and Judgement and in truth when any other fixes or puts a meaning upon my words they then cease to be mine and become indeed and properly his who gave or fixed that meaning unto them they are in truth his

invention or imagination and none of my words And we know how familiar it is to mistake men not onely in their words but their writings also and then am I condemned for another mans words or upon the bare fancy or imagination of another which the Law by no meanes allowes and I hope this Court will be so far from justifying the truth and legality hereof that it will manifest by some more then ordinary way the horrible vileness and illegality of such a proceeding against any For if this once be allowed a flood-gate is set open to all malice and envy to vent it self upon any whom it hath a minde to destroy none may preach none dispute no nor so much as converse one with another And if this be not destructive to humane society I know not what is The third and last is that there is not one thing in the whole Indilement charged against me comes within the compass of the Act by which I was tryed Judged and condemned That which Judge Asks on Saturday seemed to be unsatisfied in whether it came within the compass of the Act or no was this where it 's said that I should say the soul is of the essence of God which charge is also supplyed with these words meaning the soul of men and women Now my Lord there are other Creatures which have souls besides men and women there are celestial as well as terrestrial Creatures and God himself in Scripture is said to have a soul it 's said that he repented that he made man and it grieved him at the heart or soul for so the original word Kevah signifies But suppose I should mean it of the souls of men and women it remaines to be proved that it is a meer Creature I dare not say it for first we all say the soul is immortal and if immortal then no meer Creature for every meer creature is subjected unto death And the spirit was breathed into man after he was made it 's said God made man and then breathed into him the breath of life and he became a living soul The best interpreters read it thus And it became his life or his soul And there is in man not onely a Vegetative soul or spirit but a Sensitive also and not onely a Vegetative and Sensitive but a Rational Soul or spirit also yea and a divine Soul else could he not see or know divine things for nothing can possibly see or know beyond its own sphere beyond its own nature or property And it 's said Exceeding great and pretious promises are given to us that thereby we may be partakers of the divine nature And let any man prove that which is there said to be breathed into man which I call the soul to be a meer creature and I am content not onely to suffer 12 Months more imprisonment but forseit my estate also provided if he do not he may suffer but 6 Months imprisonment in the same place and manner Tany hath done But againe my Lord suppose it were a meer creature yet is it not said in the Inditement that I said it was very God or that it is Infinite or Almighty or in honour excellency majesty and power equal with the true God which I must have avowedly said to have made me guilty of the breach of that Act. No man ought to draw inferences make consequences or conclusions from penal Acts especially an Act of this nature so strictly bounded as this is It must be a meer creature that must be avowedly said to be very God it must not be of things disputable neither may any man stretch out or tenter the Law to make an offender but the Law must plainly and evidently see know and finde him so All Inditements ought clearly and fairly to answer the letter of the Act even as a pair of Indentures answer each other And the words in the Act immediately following where its said that whoseover shall say that the true God or the Eternall Majesty dwels in the Creature and nowhere else strongly imply nay fully grant and conclude that the true God or the Eternal Majesty doth dwell in the creature Then how he dwells in that creature but as the very alone life and soul of it I would faine understand from any So that I am hereby so far from being found a breaker of the Act that if duly considered and examined the Act it self is a proof for and justification of my sayings The Act runs thus That he who shall avowedly speak or by writing proceed to affirm that as aforesaid any meer creature is very God and not not he who shall say the Soul is of the essence of God shall suffer so and so as is therein expressed I shall give the judgement and opinion onely of one Gentleman in the point though I could produce thousands and that is of M. Francis Rous a present Member of this present Parliament I shall given you his own expresse words as you shall finde them in his book intituled The Mystical Marriage he faith the Soul came or was breathed into man from God is of a divine and heavenly essence or of the essence of God In the very beginning of it these are his words I was saith he speaking of the Soul first breathed from heaven I came from God I am divine and heavenly in my orginal in my essence in my character therefore my happiness must be divine and heavenly for to a divine and heavenly essence can agree no other but a divine and heavenly happiness In the 25 page of his book he calls the Soul the noble and divine essence which was breathed into man even from Gods own mouth In the 24 page he hath it thus It is then a right kindly and blessed marriage when the derived spirit speaking of the Soul marries with the original and roote of spirits In the 45 page speaking of Christ he speaks thus When he gave light and glory heauty and joy to the creature he left the root thereof in himself so he did leav more in himself then he gave out of himself for an internal infinite fountain hath infinitely more in it then all the streams that even issued from it And in the next place my Lord he that shall speak or write as aforesaid that there is neither Heaven nor Hell neither Salvation nor Damnation is condemned by that Act and not he who shall onely say there is nobell nor domnation as in the Inditement it s said I should say for that a man may truly and really say yea and affirm too and that according to the Scriptures for there is not to him who is in Christ there is no contlemnation to such then no hell so likewise there is no salvation and so no heaven to any one of Christ for as the Scripture testifies he who beleeves not is condemned already so that the disjunctive denial of either is neither contrary to the Act nor the Scriptures themselves wherefore

it is that they are well and truly laid down in the Act conjunctively and for any one to make that a disjunctive which the Parliament from true and due grounds in Scripture hath made so plain and visible a conjunctive is to obtrude another Law upon the people then the people in Parliament have ordained and inacted to and for themselves and to give forth any other Law then the People in Parliament ordain enact or appoint or the same Law in any other terms is a far higher degree of Treason then to coin another metal then is by them ordained and appointed or the same metal with any other stamp As it then ceases to be the States Coyn when another stamp is put upon it and becomes his or theirs who gave or fixed another stamp upon it even so the Law ceases to be the peoples in Parliament and becomes his or theirs who gives it forth in other terms then they have done neither may or ought the people to receive it in any other terms or with any other stamp then the Parliament hath given Hence it is that no Parliament ever yet allowed any to interpret their Acts themselves onely are and can be interpreters of their own Acts. Therefore whosoever shall put his own or anyother mans sence or interpretation upon any penal Stature as in this case and pass Judgment Sentence upon the same doth therby make himself guilty of treason for he tries judges passes sentence and condemns not by in and from the right power and law of the people in Parliament but in from and by his own right and power and therein and thereby is the Legislator to and so King of the People and Parliament My Lord these things were assigned by my Counsel the last Term for Errors and I take my Counsell to be a man of such honour and honesty as that he will not assigne that for Error which he will not by Law make appear to be so I have hitherto found no other from him and I suppose he hath proved to your Lordship and the Court that the Indictment is wholly and altogether erroneous and the Judgement thereupon given false My Lord Imprisonment proves oftentimes worse then death it self it ruines not onely the particular persons imprisoned but most commonly whole families also and this my almost six months imprisonment might have ruined a man of a far greater estate then my self The Common wealth is a loser and oftentimes is extremely prejudiced by mens imprisonment they being thereby not onely made uncapable of doing it service either in their several occupations employments and callings or other services it hath occasion to use them in but also themselves and families are thereby made burden some to it and the Commonwealth ever takes account of its members therefore it is as I said before that the Laws have so admirably provided in the case insomuch that it imprisons none but such as are destructive to themselves and the Commonwealth and it giveth liberty upon Bayl even to Felons and Traytors and the Law doth nothing but what it hath a reason for therefore as I said before Reason is a better and surer ground then bare President My Lord you know you may neither deny nor defer Justice to any I have lien a long time since I brought my Writ of Error and that the errors signed by Counsel were given into Court I pray my Lord that nothing already done by any in this business nor what may follow after may have the least influence upon your Lordship and the Court but that you will do Justice for Justice sake He that hath not transgressed the Law ought to have protection from and by the Law your Lordship and the Court is more concerned herein then my self Wherfore my Lord I humbly beg your Lordships and the Courts judgement and determination in the case according to equity Law and good conscience having already suffered so long an imprisonment upon a meer scandalous Paper I cannot yet call it otherwise for whatever Charge by way of Inditement is framed against a man if it be not upon all accounts just true and legal in all the particulars of it it cannot in truth be called other and I suppose both the untruth and illegality the erronousness of the Inditement and falsness of the Judgement is abundantly evidenced to your Lordship and the Court. FINIS