Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	authority_n	king_n	law_n	3,431	5	4.6378	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87637	Every mans case, or, Lawyers routed In seven treatises, the titles whereof you may find in the ensuing page. Written by John Jones, Gentl prisoner in the Fleet.	Jones, John, of Neyath, Brecon.	1652 (1652)	Wing J967; Thomason E1406_2; ESTC R209500	13,990	44

Every Mans Case OR Lawyers Routed In seven Treatises the Titles whereof you may find in the ensuing page O ye Sons of men how long will you turn my glorie into shame how long will you love vanities and seek after leasing Selah Psal 4.2 Thou shalt destroy them that speak leasing The Lord will abhor bloudy and deceitfull men Psal 5.6 Their mouth is an open sepulcher they flatter with their tongue Destroy them O God let them fall by their own Counsel Cast them out in the multitude of their transgressions for they have Rebelled against thee But let those that trust in thee rejoyce For thou Lord wilt bless the righteous with favour wilt thou compass him as with a shield Written by John Jones Gentl prisoner in the Fleet. LONDON Printed and are to be sold at the Cock in Pauls Church-yard 1652. SEVEN TREATISES IN Reference to the Reforming of the Law and Lawyers 1. Every mans case or Lawyers Routed 2. The Judges Judged out of their own mouths 3. Eight observable points of Law fit to be known by every Justice of Peace 4. The authority of a Justice of Peace 5. The new Returna Brevium or the Law returned from Westminster to which is added the Petition of Right granted by King Charles the first 6. Jurors Judges both of Law and Fact 7. Theery of bloud or a true answer to those 13 false Reasons of the Filicers Attornies c. for the maintenance of Capias and Arrest of men's bodies for Debt TO HIS EXCELLENCIE OL. CROMVVEL Lord General of the Army of the Common-wealth of England The Humble Petition of John Jones Gent. and others Shewing THat whereas your Petitioner Jones and another were committed and kept prisoners in the Fleet by the Barons of the exchequer for executing Commissions under the Seal of that Court and Teste of the Lord Wild for the discovering of diverse lands in diverse Counties forefeited to the Common-wealth and concealed from them Which your Petitioners have sound out by the Oaths of lawful men and returned as they were commanded some of them to the said Court upon the expirations of their Commissions And have another unexpired with the Inquisitions thereupon made found in their hands which Commissions and Inquisitions that were filed the said Barons having notice by the Lawyers hired to attend them by the Concealers of the said Lands that the Petitioner Jones wrot the book called Judges judged out of their own mouthes and other books which he dedicated to your honour and your Army against corrupt Lawyers and their unlawful practises for their own unconscionable gaines and extortions contrary to all Law Justice and Equity in subversion thereof In their malignity to Jones looked upon their own Commissions as erroneous and unwarrantable by Law though presidented by learned and Judicious Lawyers in former ages which presidents the now Barons and Lawyers disregarding for the respect aforesaid have ordered all the said Commissions to be suppressed and no more such to issue And those that were together with the said Inquisitions thereupon to be vacated to the dammage of the Common-wealth found to be fined 100000. The legallity of which proceedings is a matter of great concernment decidable by Law wherein if the Barons have erred in their Commissions and Commands The Commissioners that did but execute the same ought not to be inprisoned and condemned by such Barons nor the Common-Wealths Interest be determined or waved by them without Consent of Parliament and decision of the law upon the matter at large being too much mischief to be committed or suffered to be done to the Common-wealth in the general your Petitioners in particular and to the Law it self by such dunstable Barons as dare assume the chair of Judicature upon the strength of their late unreasonable Statute for their excuse by way of misprision Which is as much to say they may do what they lift under the name of mistake And so they may mistake not onely the Law of England but also the Law of God in both Testaments In all which it is an Infallible Scripture Ignorance is no Plea The premisses tenderly considered may it please your honours to mediat to the house that the commitee for the Regulating of the Law be impowered to examine the Petitioner Jones and all his proceedings and the legallity thereof according to the ancient practise of the fundamental Law of England and also the illegallity and present practise of the now Judges and Lawyers contrary to the former and to certifie their opinions therein to the house for Reformation to be had as to Law shall appertain And that none of the Judges or prosessed Lawyers who have declared themselves your Petitioner Jones his adversaries be admitted to be his Judges though members of the house or of the Committee aforesaid And that the Warden of the fleet be required to Inlarge your Petitioner Jones upon Reasonable bayle to attend the said Committee and the house until his cause be determined And that the Barons be Commanded forthwith to restore the said Commissions and Inquisitions to the file which they have ordered to be taken off And to issue more such Commissions to any that shall require them in the behalf of the Common-Wealth And that the Commission inquisitions remaining in the Petitioners hands be returned to the said Committee to be determined accordingly And your Petitioner Jones shall pray c. Dedicated to the Common-wealth in general with this short epistle As the voice of the people is said to be the voice of God let the glory of God be the voice and vote of his people Amen yours Iohn Jones The case is THat Right once so known ought to be so continued and maintained to the Right heir by the supream magistrate who is the Immediat vice-gerent of God the Father Protector of Right and truth and hater of deceipts and falsities nay is all and always himself nothing but Truth Right Justice Love Mercy and Equity unchangeable everlasting whose vice-Royes therefore ought not to carrry his sword in vain but defend Right and cut off wrong at all times all opposers and oppositions to the contrary notwithstanding And to restore and Revive right if suppressed or mortified by any force or fraud how or how long soever any false laws made by false Lawyers contrary to the laws of God and Nature and to the great Charter of England notwithstanding proved by principles of Divinity maxims of Law And axioms of Philosophy as followeth God is almighty Gen. 17.1 yet cannot lie Heb. 6.18 Lawyers can bend their tongue like a bow to speak lyes Jer. 39.5 In every court it Westminster nothing more common especially Chancery They have made their statutes of champertite to deter all men but themselves to take any part of poor mens Rights to recover the rest from their oppressors that forciblie and fraudulently detain all from them their statutes of Fines and Recoveries to Establish the Right of the oppressed

delcribe our Westminster Lawyers in their own kinds and colours but believieng thus much will serve for this time I shall apply my self to the Maxims of the Law of England which I find conducing to the same end as followeth First Right cannot dye saith Littleton Sect 479. And Cook upon the place fol 279. Yea although the disseised should Release his Right to the disseisee or turn Tenant It is inconvenient that the Right should dye but live Recoverable in and to his heir Which if true as all Maxims are or ought to be How can our Recent and present Judges and Lawyers that murther this everlasting Right with their Statutes of Fines Limitations c. maintain their predecessors Inventions against the Law of God the great Charter and this Maxim without appearing manifest subverters of the Law of England which Doctor Student affirmeth and the mirrour of Justice proveth punctually by Analysis And these men themselves sometimes bragg of to be derived from and grounded upon the Laws of God and nature According to the Advise of Eleutherius the 3. to King Lucius recorded by Mr Fox others and consequently Traitors to the Law and Common-wealth whose estates Real and Personal-ought to be confiscated to the use of the Common-wealth from which they filched them as I have proved to be their own censures in my treatise called Judges judged out of their own mouths And their costly Carrion Carcases fit to be hanged as 44. of their predecessors were in one year in King Alfreds time as witness the mirrour page 239. 240. 241. 242. 243. c. Secondly it is a Maxim of Plouden in his Commentaries upon the Law of England Resolved in the Earl of Lesters Case That all humane Laws made contrary or not consentaneous to the Laws of God and nature although by Acts of Parliament are void and need no Repeal to vacate them Which if true how can our filicers maintain their blasphemous Reasons Printed and published under their hands and Continue their extortions And how can the Judges and pleaders of the Law Countenance or suffer them and their prothonotaries and the Rest of their ministers to continue their said extortions and increase them more than ever before And do the same themselves without incurring the penalties aforesaid Thirdly it is a positive Maxim of Law declared in the great Charter cap 29. That no freeman of England shall be disseised of his Inheritance or birth-right without the Judgement of his peeres and vicine neighbours Which if so how can any disseisor disseise or dispossess any freeman of England of his inheritance or birth-right by force or fraud Or how can any Judge or pleader of the Law countenance or maintain or suffer such disseises unrestored by them to the right heirs without incurring like penalties as aforesaid Fourthly it is another Maxime declared in the said Charter cap. 11. and approved by the mirrour page 234. That no Common Pleas shall follow the upper bench which if true how can the Judges of the upper bench by Law Commit men for debt which is a Common Plea That hath no Relation to fellony trespass upon the case trespass vi et armis or any trespass at all to their marshallsey or any bayliff arrest them or any Gaylor Receive detain them upon bills of Middlesex and Latitates which expresly run for Trespass and famish them to death an Incomparable false Imprisonment and murther in the name of Law and Custom because long practised not onely without any colour of Law but expresly against it without incurring like penalty as aforesaid Fifthly it is a chief Maxim of the Law of England that the Law it self is and ought to be the onely Right full and sufficient Rule of all Judges and Lawyers by which they ought to be ruled and not offer or presume to over-rule their Rule which if they could but rightly understand saith Cook upon Magna Charta would never suffer them to err had Baron Tomlius understood this Rule he had not tumbled himself upon his tellclock seat as he did to convay the poor opinion of a pratling Barrester which stood on his left hand to another Baron that sate on his Right to hasten my Commitment to the fleet in respect of my books not my cause or had his fellow Barons known how unlawfull it is that I should be examined upon interrogatories by or before such Judges as declared themselves my adversaries in their open Court. Or how little I care for their malice I believe they would not have been so hasty to commit me as they were but shall Judges and Lawyers that profess knowledge in Law subvert it when they please by pleading misprision that is to say mistake And their late Statutes made for that purpose and alleadging that if they should be hanged none would be Judges after them Did King Alfred find it so did not a heathen King make the Son sit Judge over a cushion which he had caused to be made of his fathers skin His Predecessor Judge in the same place to mind him that if he would violate the Law as his father did he would serve him alike doth not our Law compell men to be Shreiffs and Constables c. If they Refuse being chosen And do not we find such Refusers when they are sworn officers fittter and honester men than offerers Are not I gnorant intruders without either choise or approbation of their Countries worthiest to be hanged of all Interlopers for taking keeping places of Judicatures from more knowing Justicers Baron Thorpe insisted much in Court upon the statutes of misprision whereof a Judge of his name could make no use to save his hanging nor did his hanging deter the Baron to become a Judge an over-ruler of the exchecquer Court though not half so knowing a Justicer as his names sake or Wild his foreman Who is so Just as to detain 500. l. Land a year from the Right heir without any good title as is Reported And therefore thought it Just to wayve and damane his own Commission to Inquire for such things and punish me for the excuting of it To conclude this point were all prevaricating Lawyers hanged honester men would be found for their places And have they not incurred the said penalty by this Maxim Sixthly it is a Maxim of truth and common reason chief grounds of our Common-Law That force sraud and deceipt are the greatest opposites and enemies to all Just Laws And that all Just Laws are or ought to be sufficiently powerfull to subdue and supplant them And that therefore it is that the sword is put into the Magistrates hand not to hold in vain And wisdom put in his head to discern and prevent or punish frauds and deceipts more dangerous than force because more clandestinely acted under colour of Law while force thrusteth it self to sight and defies Justice to her sace chance what will This is Justice Northyes Resolution the other Bayliff and Willmot But

do not all such Judges as prefer wrong before Right and falshood before truth Incurr the said penalty Seventhly it is a Maxim of Reason that all nations are or ought to be governed by Just Laws And that their supream Magistrates should want no Power or means to execute their Laws so that their Subjects should have Right at all times without delay or partiallity or more cost than the cure is worth And thus much was agreed upon between the Kings people of England in and by the great Charter cap 29. And is not the great Charter confirmed by above 33 Parliaments corroborated upon the Petition of Right Tertio Caroli and Ratified by this Parliament which if it be so how can it be said that any Statutes made contrary to the Law of God and nature and the great Charter shall stand up against them although not expresly Repealed Or how can they be alleadged to bind the supream Magistrates that are sworn to do and maintain Right and Justice to all men at all times in all places of the land by their proper subordinates in every County from so doing but by traitors to God and the Common-Wealth or how can the Judges at Westminster confine and contract all the Law of England in and to Westminster and into 4 terms yearly to be onely determined by them that surcharged with multiplicity aboundance end not a Rich cause in 7 years nor a poor mans while he lives And when they seem to finish a cause or decree or Judgment it is more to their gain than their necks are worth and cost to their Judicated than their causes are worth nor do they commonly finish any cause at any time but leave it upon a quillet whereupon to revive it at their pleasures without their incurring like penalties as aforesaid Eightly and lastly It is a common Maxim not onely of common reason but also of the express Law of England That by the Law of the Land no man is bound to accuse himself If so what meaneth the Jesuitical Spanish Inquisition Introduced to the Exchecquer and Chancery of England to interrogate men against themselves and imprison them untill to attain their liberties many faint-hearts are forced to perjure themselves to accuse themfelves of things whereof they are guiltless That Judges and Lawyers and their Impes may beget causes to extort Fees as well by Innocent mens forced Oaths against themselves as by their own wilfull and malitious perjuries against all men but themselves Whereby contrarie to Saint Pauls Doctrine that an Oath for confirmation is unto men an end of all strife Heb. 6.15 Lawyers make it a beginning and contrarie to Gods commandment saying love no false Oath Zachar. 8.17 Lawyers love to force procure and multiply them And shall they not incurre the said penalty by this Maxim So much for Law Maxims for this occasion at this time to conclude with Axioms of Philosophy conducing to this matter Health is the greatest happiness man can desire Sphinx Theologica Philosophica de Medicina pag. 539. It is two fold that is to say first of the Soul for which Christ is the onely Physician who to ease man of his sin the chief cause of all diseases both Ghostly and humane took upon himself that had none all the sins of the World And died to redeem all penitents from eternall death the due punishment for sin The second is of the body for which the best man Physician called by God to that vocation and gifted accordingly is to be honoured before many because by his faculty with Gods assistance the Corporal afflictions of many are restored to sound health the agony of others qualified And which is most of all worthy consideration stayes the Souls of many in the prisons of their bodies by Gods Providence untill longer and seasonable times of Repentance amendment of their lives And these are the gifts of God and endeavours of good Physicians Contrary-wise our Judges and Lawyers and their monstrous many headed whelps requite their patient profitablest clients with not onely sickness both of souls bodies but also the death of both so far as in their power lieth as is proved by wofull experience thus Debters not able to pay their debts are committed for their debts upon capiases Latitates and out-laries for trespass by the Judges of the upper bench being no Judges in that case to their marshallsie become there sickned in their minds and souls upon such their commitments considering there is no Law to Warrant such doings but the willfull Customs and practise of the said supposed Judges to murther men in and under the name of their Law for their own gain and superfluities worse than high-way-men that act manfully to relieve their wants By the name and Custom of Lawless necessity for which if convicted of the fact they submit to the Law which Lawyers would defeat by calling their facts misprisions which in effect are prises less lawfull than Robbers and more abusefull to the Law and Common-Wealth because committed under colour of Law and Justice Further the sickness of the minds and souls imprisoned is aggravated with the consideration of the wants and miseries which their wives children and families that were wont to be sustained by their libertie to care and provide for them must indure by their Captivitie their bodies and their families participating of these and more griefs of their souls But more sensible of their hunger and thrist cold and nakedness when they have sould even their apparrell as well for night as day to pay their Goalors and their masters extortions and prolong their own miseries so farr as their abilities last And the cruelty of their Goalers when they fail to bribe them in crouding them in dungeons where they must infect on another with a necessitated Contagion caused by their Goalers covetousness to gain by hiring all the Rooms and liberties of the prison ordained by Law to lawfull prisoners to cheators voluntary prisoners willfull assumers of the denomination of prisoners to defeate their Creditors of their Rights by which they live Riotously upon their Creditours charge their Creditours perish for want of their own Judges Lawyers Gaolers live flourish by the ruine of them both granting liberties to all such said cheatours contrary to all Law to walk and take their pleasures as they list some throughout England and others to the East and West-Indies And thereby feasting their bodies and their Impes upon the fast of their finders and thriving in their wickedness till God rebuke them The Warden of the Fleet I find by Law is no Goaler within the Statute of H. 6. And by experience a Gentleman mercifull and affable to the poor satiable and unburthensom to the Rich compassionate and comfortable to all his prisoners so that by Gods providence and his clemency he and we live wholsom in our bodies and cheerfull in our hopes I write not this digression in flattery but in duty to declare truth as

mediate with forriners for Peace and so souldiers look to your own and fare well upon your own which the Law maketh and will maintain to be your own as shall be made good to his death by your faithfull and loving friend Iohn Jones The Generall Case concerning the relief of right Heirs dispossessed of their Estates by force and fraud THat Right once known so to be by Records or other sufficient testimonies ought to be so continued and maintained by the Supream Authority appeareth by the writ of Right both patent and close both in the Register and Fitz-Herberts Natura Brevium declared at large commanding inferiour Magistrates to hold right in its right place against all deforcement committed by force or fraud and that without delay and so righteously and fully Ne amplius inde clamorem audiamus 2. That as what is right is just what is just is right So the Supream power is bound to maintain both without deniall delay or corruption appeareth by the great Charter which saith we shall deny delay or sell Justice to no man 3. That not to do right and maintain it is in a Magistrate to do wrong and maintain it is a Principle of common reason which is one of the chief grounds of all humane Laws 4. That all Supream Magistrates are or ought to be bound by Oath to maintain right and truth against force and fraud to all their Inferiors and both to restore and defend the oppressed and punish the Oppressor appeareth by the Oaths of Kings and late Covenants and Votes of this Parliament the performance and practise whereof is all that ought to be wished by any wronged person 5. That by virtue of such Orths Votes and Covenants the Authority upon that Trust setled in the Supream Magistrate he becometh interessed in all mens Rights so that when they are wronged the Party grieved ought to sue for redress as well for the State as for himself as appeareth by the Writ of Deceipt and discourse thereupon in Fits Herbert Natura Brevium and the Register and Rastall and Cooks Books of Entires at large 6. The Sepream Magistrate being so invested in the right of the oppressed cannot be disinvested disseised expulsed or outed of that Right by any inferiour having the posse or Power not onely of the County but also of the Law and Common-Wealth to right and restore the Party expulsed to that Right remaining in the Eye of the Law fixt in the Magistrate so that it can be said to be but intruded upon and wrongfully detained from him and not disseised or expulsed and the Party grieved and expulsed of his right of possession hath a right of Inheritance by descent as appeareth by Inquisitions upon post mortem where the Party grieved is found Heir to his Father or Cosin and said that the Inheritance of right is descended and come Prout Lex postulat to him and the Writ of Right determineth as well the right of Inheritance as the right of possession as appeareth by the judgements thereupon related by both Rastall and Cooks Books of Entries at large 7. That the late Statutes for Champertie Fines and Limitations reach not to the Supream Magistrate that is sworn to restore and maintainright without any respect of time person or condition appeareth rational and necessary in construction of Law to save his Oath 8. That they are void Laws appeareth by three Reasons ratified by sound and approved Lawyers First for that they are contrary to the Law of God which admitteth of no time or means to bar or keep a man from his Right but his own Decree upon the merit of the Party interressed as the Captivity of the Israelites in Babylon Aegypt for seasons or the consent of the Party to devest himself of his Right by slighting it as Esau sold his Birtht right for a mess of Pottage Secondly for that they are against the great Charter which alloweth of no Disseision or Possession gained thereby Thirdy for that where Deceipts are the Grounds of Fines those Deceipts found and proved shake off all Buildings raised thereupon as appeareth by the proceeding usuall upon that Writ in the Books of Entries and Tearms of the Law 9. That Parties grieved have used to intitle the Supream Power for the time being to their Rights of Inheritance by Gifts Grants and Forfeitures upon Conditions not performed whereby to over-power those that over-powred them appeareth by severall Presidents extant 10. That the Exchecquer is the proper Court for the intituling of the Supream Power to such rights appeareth by the Great Charter which established it severall Ages before the Chancery came to being and the practice there was never discontinued as appeareth by Commissions granted to inquire and Inquisitions returned there and Proceedings had thereupon in all ages 11. That the Supream Power being intituled ought not to be suspended or Wayved without his consent is to be considered 12. That an Attachement before summons is an unlawfull Process especially against such as offer to appear gratis appeareth more hasty than wise in the Procurers The premisses considered and the Weight thereof being matter of Law and the prosit tending to the enabling of the Parliament to pay their debts and disoharge their Trusts to the Common-Wealth and the opposition made in this case being but by such as have gained the Estate and Right of the Common-Wealth to their own particular possession by fraud or force and further gained Acts of Parliament contrary to the Law of God and the great Charter to settle them in other mens Rights under pretence of a peaceable way contrary to the Scripture No Peace to the wicked let all honest and right Christians deliberately ponder the matter and ayd the Truth in what they may so craveth the well-wisher of all such Iohn Jones