Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	act_n	offence_n	peace_n	2,595	5	6.0850	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54186	The peoples ancient and just liberties asserted in the tryal of William Penn, and William Mead, at the sessions held at the Old-Baily in London, the first, third, fourth and fifth of Sept. 70. against the most arbitrary procedure of that court.	Penn, William, 1644-1718.; Mead, William, 1628-1713, defendant.	1670 (1670)	Wing P1334B; ESTC R222457	38,197	64

by the commonalty of the same Shire three substantial men Knights or other lawful wise and well disposed persons to be Justices which shall be assigned by the Kings Letters Patents under the great Seal to hear and determine without any other writ but only their Commission such plaints as shall be made upon all those that commit or offend against any point contained in the aforesaid Charters 28 Edw. 1. chap. 1. 6ly The necessity of preserving these Charters hath appeared in nothing more than in the care they have taken to confirm them which as Cook observes hath been by thirty two Parliaments confirmed established and commanded to be put in execution with the condign punishment they had inflicted upon the Offenders Cooks Proem to the second Book of his Inst 7ly That in the notable Petition of Right many of these great Priviledges and free Customs contained in the aforesaid Charters and other good Laws are recited and confirmed 3 Car. 1. 8ly The late King in his Declaration at New-Market 1641. acknowledged the Law to be the Rule of his Power By which he doubtless intended Fundamental Laws since it may be the great advantage of Countries sometimes to suspend the execution of temporary Laws Having so manifestly evidenced that venerable esteem our Ancestors had of that Golden Rule the great Charter with their deep solicitude to preserve it from the defacing of usurpation and faction We shall proceed to give an account of their just resentment and earnest prosecution against some of those who in any Age have adventured to undermine that antient Foundation by introducing an arbitrary way of Government 1st As Juditious Lambard reports in his Saxon Translation That the Kings in those dayes were by their Coronation-Oaths obliged to keep the antient fundamental Laws and Customs of this Land of which this great Charter is but declaratory so did King Alfred reputed the most famous Compiler of Laws amongst them give this discovery of his Indignation against his own Judges for actions contrary to those fundamental Laws that he commanded the execution of forty of them which may be a seasonable Caveat to Judges of our times 2d Hubert de Burgo once chief Justice of England having advised Edw. 1. in the eleventh year of his reign in his Counsel holden at Oxford To cansel this great Charter and that of the Forrest was justly sentenced according to Law by his Peers in open Parliament When the Statute called CONFIRMATIONIS CARTARUM was made in the first Chapter whereof Magna Charta is peculiarly called the Common Law 25 Edw. 1. Chap. 2. 3d The Spencers both Father and Son for their arbitrary domination and rash and evil counsel to Edw. the 2d by which be was seduced to break the great Charter were banished for their pains as Cook relates 4ly The same fate attended Tresillian and Belknap for their illegal proceedings 5ly the Breach of this great Charter was the ground of that exemplary Justice done upon Empson and Dudley whose case is very memorable in this point For though they gratified Hen. 7. in what they did and had an Act of Parliament for their Warrant made the eleventh of his reign yet met they with their due reward from the hands of Justice that Act being against Equity and common Reason and so no justifiable ground or Apology for those frequent abuses and oppressions of the People they were found guilty of Here what the Lord Cook further saith concerning the matter There was an Act of Parliament made in the eleaventh year of King Hen. 7. which had a fair flatteriing Pr●●mble pretending to avoid divers mischiefs which were 〈◊〉 The high displeasure of Almighty God 2d The great let of the common Law And 3d The great Let of the Wealth of this Land And the purvien of that Act tended in the execution contrary EX DIAMETRO viz. To the high Dispeasure of Almighty God and the great Let nay the utter subversion of the common Law and the great Let of the Wealth of this Land as hereafter shall appear the substance of which Act follows in these words THat from thenceforth as well Justices of Assize as Justices of the Peace in every County upon information for the King before them made without any Finding or Presentment by Twelve men shall have full Power and Authority by their discretion and to hear and determine all Offences as Riots unlawfull Assemblies c. committed and done against any Act or Statute made and not repeal'd c. a Case that very much resembles this of our own times By pretext of this Law Empson and Dudley did commit upon the Subjects unsufferable Pressure and Oppressions and therefore this Statute was justly soon after the decease of Hen. 7. repealed at the next Parliament after his decease by the Statute of the 1 H. 8. chap. 6. A good Caveat to Parliaments to leave all causes to be measured by the Golden and Straight Metwand of the Law and not to the incertain and crooked Cord of discretion It is almost incredible to foresee when any Maxime or Fundamental Law of this Realm is altered as else-where hath been observed what dangerous inconveniences do follow which most expresly appeareth by this most unjust and strange Act of the eleventh of H. 7. For hereby not only Empson and Dudley themselves but such Justices of Peace corrupt men as they caused to be authorized committed most grievous and heavy Oppressions and Exactions grinding the faces of the poor Subjects by penal Laws be they never so obsolete or unfit for the time by information only without any presentment or tryal by Jury being the antient Birth-right of the Subject but to hear and determine the same by their discretions inflicting such penalty as the Statute not repealed imposed These and other like Oppressions and Exactions by or by the means of Empson and Dudley and their Instruments brought infinite treasure to the Kings Cofers whereof the King himself at the end with great grief and compunction repented as in another place we have observed This Statute of the 11th of H. 7. we have recited and shewed the just inconveniences thereof to the end that the like should never hereafter be attempted in any Court of Parliament and that others might avoid the fearful end of those two Time-servers Empson and Dudley Qui eorum urstiquijs insistunt eorum exitus per horrescant See the Statute of 8. Edw. 4. chap 2. a Statute of Liveries an Information c. By the discretion of the Judges to stand as an Original c. This Act is desertedly repealed vide 12 R. 2. chapter 13. punishment by discretion c. vide 5th of H. 4. Chap. 6 8. See the Commission of Sewers discretion ought to be thus discribed Discretio est descernere per Legem quid sit justum From whence three things seem most remarkable First The great equity and justice of the great Charter with the high value our Ancestors have most deservedly set upon it

Reformation then the Arbitrary Power and terrifying Raks of the Spanish Inquisition And doubtless the supream Governours of the Land are highly oblieged in Honour and Conscience in discharge of their Trust to God and the Peoples to take these things into their serious consideration as what is expected from them by those who earnestly wish theirs and the Kingdoms safety and prosperity A Postscript The Copy of Judge Keeling's Case taken out of the Parliament Iournal Die Mercurij 11th Decembris 1667. THe House resumed the Hearing of the rest of the Report touching the matter of Restraints upon Juries and that upon the examination of divers Witnesses in several Clauses of restraints put upon Juries by the Lord Chief Justice Keeling whereupon the Committee made their Resolutions which are as followeth First That the proceedings of the Lord Chief Justices in the Cases now reported are Innovations in the Trial of men for their Lives and Liberties and that he hath used an Arbitrary and Illegal power which is of dangerous consequence to the Lives and Liberties of the people of England and tends to the introducing of an Arbitrary Government Secondly That in the place of Judicature the Lord Chief Justice hath under-valued vilified and contemned Magna Charta the great preservers of our Lives Freedom and Propertie Thirdly That he be brought to Trial in order to condign punishment in such manner as the House should judge most fit and requisite Die Veneris 13th Decembris 1667. Resolved c. That the Presedents and Practice of Fining or Imprisoning Jurors for Verdicts is Illegal Now whether the Justices of this Court in their Proceedings both towards the Prisoners and Jury have acted according to Law to their Oaths and Duty and to do Justice without partiality whereby Right might be preserved the Peace of the Land secured and our Ancient Laws established or whether such Actions tend not to deprive us of our Lives and Liberties to rob us of our Birth-right the Fundamental Laws of England and finally to bring in an Arbitrary and Illegal power to usurp the Benches of all our Courts of Justice we leave the English Reader to judge Certainly there can be no higher affront offered to King and Parliament then the bringing their Reputations into suspition with their People by the irregular actions of subordinate Judges And no Age can parallel the carriage of this Recorder Mayor c. Nor can we think so ignobly of the Parliament as that they should do less then call these Persons to account who fail'd not to do it to one less guilty and of more repute to wit Judge Keeling For if his behaviour gave just ground of jealousie that he intended an Innovation and the introducing an Arbitrary Government this Recorder much more Did chief Justice Keeling say Magna Charta was Magna farta so did this Recorder too And did Justice Keeling Fine and Imprison Juries contrary to all Law so did this Recorder also In short there is no difference unless it be that the one was questioned and the other deserves it But we desire in this they may be said to differ That though the former escap'd punishment the latter may not who having a Presedent before did notwithstanding notoriously transgress To conclude The Law supposes the King can't err because it is willing to suppose he alwayes acts by Law and Volunt as Legis est voluntas Regis Or the Kings Will is regulated by the Law but it says no such thing of his Judges And since they are oblig'd by Oath to disregard the Kings Letters though under the Broad and privy-Seal if they any wise oppugn or contradict the Laws of the Land and considering that every singular Action of an inferior Minister has an ugly reference to the Supream Magistrate where not rebuked we can't but conclude that both Judges are answerable for their irregularities especially where they had not a limitation of a Kings Letter or Command and that the Supream Magistrate is oblig'd as in Honour and Safety to himself Alfred-like to bring such to condign punishment lest every Sessions produce the like Tragical Scenes of Usurpation over the Consciences of Juties to the villifying and contemning of Justice and great detriment and prejudice of the good and honest men of this Famous and Free City FIAT JUSTICIA FINIS ERRATA PAge 5. after line 20. read John Robinson Alderman and Richard Brown The line following r. Call over the Jury P. 6. before the first l. r. the Indictment P. 7. l. 25. for before r. to P. 10. l. 26. blot out to P. 17. l. 4. r. is not P. 19. l. 7. instead of is he guilty r. is W. P. guilty P. 26. l. 11. r. to the terror P. 27. l. 6. for as r. and P. 32. l. 13. for Nern r. Horn P. 44. l. 11. for For Ver dictis from r. For Verdict from P. 47. l. 31. for Palaris r. Phalaris Obser at this time several upon the Bench urged hard upon the Prisoner to bear him down 9 H. 3. confirm'd 28 Ed. 3. Chap. 1. the form of ancient Acts c. Co. 2. Inst fol. 2. Chap. 14 Cha. 29. ☜ ☞