Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	commission_n	peace_n	session_n	2,574	5	10.6777	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25872	The arraignment, tryal, and condemnation of Ambrose Rookwood, for the horrid and execrable conspiracy to assassinate His Sacred Majesty King William, in order to a French invasion of this kingdom who upon full evidence was found guilty of high treason before His Majesty's justices of Oyer and Terminer, at Westminster on Tuesday the 21st of April 1696, and received sentence the day following, and was executed at Tyburn on the 29th day of the said month : in which tryal is contained all the learned arguments of the King's council and likewise the council for the prisoner, upon the new act of Parliament for regulating tryals in cases of treason.	Rookwood, Ambrose, 1664-1696, defendant.	1696 (1696)	Wing A3755; ESTC R4588	88,215	80

arraigned him then after he has pleaded the Question was when he was to have a Copy of the Pannel Now the design of this Act of Parliament was That the Prisoner should have a Copy of the Pannel 2 days before his Tryal in order that he might consider of the persons that were to Try him that he might inform himself of their Qualities Tempers and Dispositions that so he might make use of the benefit the Law gives him of challenging Five and Thirty without shewing any cause if he did not like the Men and as many more as he should think he had good cause to challenge now in this Case the whole design of this Act of Parliament is answered for he has had a Copy of the Pannel as you your selves acknowledge 2 days before the day of his Trial so that he has the full benefit that the Act of Parliament intended he is by this Copy as well enabled to make his Challenges as the Law design'd he should be and has had the same time allowed him that the Act of Parliament meant he should have then supposing the design of this Act of Parliament be fully answered and complied with in the Case The next Question is whether the words of the Act are satisfied for we would be very loth in a Case of this nature where an Act of Parliament intends a favour to a Prisoner that stands at the Bar for his Life to abridge him of any part of that favour which the very words of the Act would allow him tho the Intent of the Act of Parliament were answered otherwise now in the first place it is observable that the Act of Parliament does not say that the Prisoner shall have a Copy of the Return nor does it say he shall have a Copy from the Court but he shall have a Copy of the Pannel of the Jurors duly return'd that are to try him now if the Sheriff array his Pannel several days before the Tryal upon the Venire facias and does give him a Copy of that very Pannel which Pannel is afterwards returned in Court Has not he then a Copy of the Pannel duely returnred Does not this answer all the words of the Act For you youselves say that it is not said in the words of the Act that the Copy shall be delivered after the Pannel returned nor does their need a Copy of the very Return Surely we must not carry it farther than the words if the meaning be complyed with and we think this answers both words and meaning It is a Copy of the Pannel and a Copy of that Pannel that 's duely returned Now to make another construction would indeed not only alter the usual course of Tryals but be contradictory to the very Process it self We are by the Course of Law to award Process to Summon a Jury to appear at a certain time to try the Issue joyned between the King and the Prisoner and yet when we have done this and the Jury thereupon are summoned and appear they may go as they came for the Issue cannot be tryed because after the Return the Prisoner must have a Copy of the Pannel two days before he can be tryed I do think the design of the Act of Parliament and the very word of the Act are fully satisfied in giving a Copy of the Pannel two days before the Return We had this matter under our Consideration before and upon Debate among our selves we did think fit to award the Precept returnable this day and resolved to try the Prisoner this day unless better reasons were offered us to alter our opinion and we are not satisfied that any such better reason has been given but that this Tryal ought to go on the Prisoner having the full benefit that was designed him by this Act of Parliament And the giving a Copy of the Pannel that is returned tho before the return sufficiently satisfies the words of the Act no other construction can be made without great absurdities This is my opinion Sir B. Shower My Lord I hope we shall be excused for our Clyent we have another Doubt to propose to the Court. L. C. J. Holt. You have had my Opinion upon this point if my Lords and Brothers are of another Opinion they will tell you Judges No my Lord we are all of the same Opinion L. C. J. Holt. My Lord Chief Justice of the Common Pleas and my Brothers are all of the same Opinion Sir B. Shower My Lord we say we have another Doubt to propose upon this Act of Parliament It is a new one and never put in practise till now and therefore we hope your Lordship will please to excuse us if we offer our Objections because there has yet never been a determination about it and we are assigned of Counsel by your Lordship L. C. J. Holt. Never make Apologies Sir Bartholomew for it is as Lawful for you to be of Counsel in this Case as it is in any other Case where the Law allows Counsel It is expected you should do your best for those you are assign'd for as it is expected in any other Case that you do your Duty for your Clyent Sir B. Shower My Lord our Exception is this we say that this Tryal cannot go on at this time upon this Act of Parliament because we have no true Copy of the whole Indictment it does not appear in the Copy we have delivered to us before whom it was taken or whether it was taken at all or in what place it was taken it says only Middlesex in the Margent and then Juratores pro Domino Reges presentant That might be before the Justices of the Peace at the quarter-Quarter-Sessions or it might be at the monthly-Monthly-Sessions at Hicks-Hall or it might be at the Sessions at the Old-Baily or it might be before Commission of Oyer and Terminer as perhaps it really was but non Constat where it was taken nor how it comes hither It might be before your Lordship here as we believe it was but this Copy not leting us know where and how it was taken we think we have not the benefit of this Law for the Party accused is by this Act of Parliament to have a Copy to advise with Counsel that he may be enabled to plead And that is the reason why the words of this Act are so Pen'd that he shall have a Copy of the whole Indictment which we cannot plead to unless we know where it was taken if we should have occasion to plead any Special Matter And besides my Lord there is another reason why we should have the whole Indictment to enable us to plead because if we had the Caption it might perhaps appear that the Indictment was taken before the time of the Fact alledg'd in the Indictment and then that would make it Vitious it might be before the 9 th of February when this Treason is said to be committed and then we ought not to be brought to Tryal Now the

Court sat about Eight a Clock at which were present a great Number of Noblemen and Persons of Quality who were in the Commission and Seven of the Judges to wit the Lord Chief Justice Holt the Lord Chief Justice Treby the Lord Chief Baron Ward Mr. Justice Nevile Mr. Justice Powel Mr. Justice Eyres and Mr. Baron Powis Cl. of Ar. Cryer Make Proclamation Cryer O yes O yes O yes All manner of Persons that have any thing more to do at this Sessions of Oyer and Terminer Adjourned over to this Day draw near and give your attendance And God save the King Cl. of Ar. Cryer Make Proclamation Cryer O yes Sheriffs for the County of Middlesex return the Precepts to you directed upon Pain and Peril will fall thereon The Under Sheriff returned the Precepts Cl. of Ar. Mr. Baker pray Who do you intend to begin with Mr. Baker With Ambrose Rookwood Cl. of Ar. Cryer Make Proclamation Cryer O yes You good Men of the County of Middlesex Summoned to appear here this Day to try between our Sovereign Lord the King and the Prisoners that are and shall be at the Bar Answer to your Names as you shall be called every one at the first Call and save your Issues The whole Pannel was called over and the Appearances of those that answered Recorded and the Defaulters were again called over Cl. of Ar. Keeper of Newgate Set Ambrose Rookwood to the Bar. Which was done You the Prisoner at the Bar Ambrose Rookwood those Men that you shall hear called and Personally appear are to pass between our Sovereign Lord the King and you upon Tryal of your Life and Death if therefore you will Challenge them or any of them your time is to speak unto them as they come to the Book to be Sworn before they be Sworn Sir B. Shower If your Lordship pleases We have a Doubt or two to propose to your Lordship in respect of the Tryal this Day But before I offer it we beg your Favour for a Word in behalf of our selves My Lord We are Assigned of Council in pursuance of an Act of Parliament and we hope that nothing which we shall say in Defence of our Clients shall be imputed to our selves I thought it would have been a Reflection upon the Government and your Lordships Justice if being Assigned we should have refused to appear 't would have been a Publication to the World That we distrusted your Candour towards us in our future Practise upon other Occasions But my Lord there can be no reason for such a Fear I am sure I have none for we must acknowledge we who have been Practisers at this Bar especially that there was never a Reign or Government within the memory of Man wherein such Indulgence such easiness of Temper hath been shewn from the Court to the Council as there always hath been Never was there such freedom and liberty of Debate and Argument allowed to the Bar and we thank your Lordship for the same My Lord We come not here to countenance the Practises for which the Prisoner stands Accused nor the Principles upon which such Practises may be presumed to be founded for we know of none either Religious or Civil that can Warrant or Excuse them But the Act of Parliament having warranted the appearing of Councel for Persons Accused to make Defence for them we hope your Lordship will give us leave to make what Objections we can on their behalf L. C. J. Holt. Look ye Sir B. Shower go on with your Objections let us hear what you have to say Sir B. Shower My Lord It appears to be a Doubt to us upon this Act of Parliament whether this Cause can be tryed this Day And if it be a Doubt we hope though it should not have that weight with the Court that we apprehend it has yet your Lordship will excuse us and settle it according to your Judgment The Act requires That all that shall be Accused and Indicted for High-Treason whereby any Corruption of Blood may or shall be made to any such Offender or Offenders or to any the Heir or Heirs of any such Offender or Offenders or for Misprision of such Treason shall have a true Copy of the whole Indictment and afterwards shall have Copies of the Pannel of the Jurors who are to try them duely Returned by the Sheriff and delivered unto them And every of them so Accused and Indicted respectively two Days at the least before he or they shall be Tryed for the same Now if your Lordship will please to cast your Eye upon this Venire Facias and it will appear to be Returned but this Day and that is not according to the intent of this Law And it is impossible then if it be as we apprehend it and put it that this Tryal should go on at this time and that this Construction should be so as we say not only the Words but as we take it the Intent and Meaning of the Act of Parliament too are for us that there ought to have been a Copy of the Pannel after the Return two Days before the Tryal For in the first place My Lord the Words are plain It must be a Copy of the Pannel duely Returned by the Sheriff Now though it be a Copy of the Array of the Pannel which we have delivered to us ye it is not a Copy of the Pannel of the Jurors Returned for it is no Return till it come into Court And the King's Councel must admit that in the Case of all Writs Returnable it cannot be said that there is a Return where there is a Writing upon the back or a Label annexed till it be actually Returned into Court As in the Case of a Fieri Facias or a Mandamus an Action for a false Return cannot lye till the Writ be actually Returned For such Action must be brought into the County of Middlesex where the Court resides before whom the Return is made and not in the County where the Sheriff lived that made the Return for it is not a Return till filed in Court Now here the Words of the Act are He shall have a Copy of the Pannel of the Jurors who are to try him duely Returned by the Sheriff two Days before the Tryal Now we humbly insist that the Words duely Returned must be antecedent to the having the Copy or else he cannot be said to have a Copy of the Pannel duely Returned The Act of Parliament does not say which shall be duely Returned and therefore there does arise a Doubt whether your Lordship will not direct us to have a Copy after the Return made which is but this Day Mr. Phipps If your Lordship pleases to spare me a Word of the same side We take it that by this Act of Parliament the Jury must be duly returned before the Pannel is delivered to us Now the Return is the Answer that is Indorsed upon the Writ with the Pannel annexed and delivered into Court

JVNE 8. 1696. I Do Appoint Samuel Heyrick and Isaac Cleave to Print the Tryal of Ambrose Rookwood and that no other Person Presume to Print the same J. HOLT THE Tryals of Charnock King and Keys and likewise of Sir John Friend and Sir William Parkins are all Printed and Sold by Samuel Heyrick and Isaac Cleave THE Arraignment Tryal and Condemnation OF Ambrose Rookwood For the Horrid and Execrable CONSPIRACY TO Assassinate His Sacred Majesty King WILLIAM In Order to a French INVASION of this Kingdom Who upon full Evidence was found Guilty of High Treason before His Majesty's Justices of Oyer and Terminer at Westminster on Tuesday the 21 st of April 1696. and received Sentence the day following And was Executed at Tyburn on the 29 th day of the said Month. In which Tryal is contained All the Learned ARGUMENTS of the King's Council and likewise the Council for the Prisoner upon the New Act of Parliament for Regulating Tryals in Cases of Treason LONDON Printed for Samuel Heyrick at Grays-Inn-Gate Holborn and Isaac Cleave at the Star next Serjeants-Inn-Gate in Chancery-Lane MDCXCVI Die Martis Decimo Quarto Aprilis Anno Regni Regis Willielmi Tertii Octavo Annoque Domini 1696. THE Court being sat at which were present the Lord Chief Justice Holt the Lord Chief Justice Treby Mr. Justice Nevil Mr. Justice Powell and Mr. Justice Eyres the Court proceeded in this manner Cl. of Arr. Cryer Make Proclamation Cryer Oyez Oyez Oyez All manner of Persons that have any thing more to do at this Sessions of Oyer and Terminer holden for the County of Middlesex draw near and give your Attendance God save the King Then the Grand Jury were called over and the appearances mark'd and Witnesses being Sworn in Court to give Evidence to them upon a Bill of Indictment against Alexander Knightley they in a little time after withdrew to hear the Evidence Then the Keeper of Newgate was ordered to bring his Prisoners to the Bar which he did to wit Robert Lowick Ambrose Rookwood and Charles Cranburne Who were there thus Arraigned Cl. of Arr. Robert Lowick hold up thy Hand Which he did Ambrose Rookwook hold up thy Hand Which he did Charles Cranburne hold up thy Hand Which he did You stand Indicted in the County of Middlesex by the Names of Robert Lowick of the Parish of St. Paul Covent-Garden in the County of Middlesex Gentleman Ambrose Rookwood of the same Parish Gentleman and Charles Cranburne of the same Parish and County Yeoman for that you together with one Christopher Knightley of the same Parish and County Gentleman not yet taken not having the fear of God in your hearts nor weighing the Duty of your Allegiance but being moved and seduced by the instigation of the Devil as false Traytors against the most Serene most Illustrious most Clement and most Excellent Prince our Sovereign Lord William the Third by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. your Supreme True Rightful Lawful and Undoubted Lord the cordial Love and true and due Obedience Fidelity and Allegiance which every Subject of our said Lord the King that now is towards him our said Lord the King should bear and of right ought to bear withdrawing and utterly to extinguish intending and contriving and with all your strength resolving designing and conspiring the Government of this Kingdom of England under him our said Sovereign Lord the King that now is of Right duly happily and well established altogether to subvert change and alter as also our said Lord the King to death and final destruction to put and bring and his faithful Subjects and the freemen of this Kingdom of England into intolerable and most Miserable Servitude to Lewis the French King to Subjugate and Inthral the 10th day of February in the Seventh year of the Reign of our said Sovereign Lord the King that now is and divers other days and times as well before as after at the Parish of St. Paul Covent-Garden aforesaid in the County aforesaid falsly maliciously devilishly and traiterously did compass imagine and contrive resolve design and intend our said Lord the King that now is to kill slay and murther and a miserable slaughter among the faithful Subjects of our said Lord the King throughout this whole Kingdom of England to make and cause and the same your most impious wicked and devilish Treasons and Traiterous compassings contrivances and purposes aforesaid to fulfil perfect and bring to effect you the said Robert Lowick Ambrose Rookwood and Charles Cranburne together with the said Christopher Knightley and very many other false Traytors to the Jurors unknown afterwards to wit the same 10th day of February in the year abovesaid at the Parish aforesaid in the County aforesaid and divers other days and times as well before as after there and elsewhere in the same County falsly maliciously advisedly secretly and traiterously and with force and arms did meet together propose treat consult consent and agree him our said Lord the King that now is by lying in wait and guile to Assassinate Kill and Murther and that execrable horrid and detestable Assassination and Killing the sooner to execute and perpetrate afterwards to wit the same day and year and divers other days and times at the Parish aforesaid in the County aforesaid traiterously did treat propose and consult of the ways manner and means and the time and place where when how and in what manner our said Lord the King so by lying in wait the more easily you might Kill and did consent agree and assent that forty Horsemen of thereabouts whereof the said Christopher Knightley you the said Robert Lowick Ambrose Rookwood and Charles Cranburne should be four and every one of you traiterously took upon himself to be one with Guns Muskets and Pistols charged with Gunpowder and leaden Bullets and with Swords Rapiers and other Weapons being Armed should lie in wait and lie in Ambush our said Lord the King in his Coach being when he should go abroad to Invade and that a certain and competent number of those men so Armed should set upon the Guards of our said Lord the King then attending him and being with him and should fight with them and overcome them whilst others of the same men so Armed our said Lord the King should Assassinate Slay Kill and Murther and you the said Robert Lowick Ambrose Rookwood and Charles Cranburne together with the said Christopher Knightley the Treason and all the Trayterous Intentions Designs and Contrivances aforesaid to execute perform fulfil and bring to effect afterwards to wit the aforesaid Tenth day of February in the Seventh year abovesaid at the Parish aforesaid in the County aforesaid divers Horses and very many Arms Guns Pistols Swords Rapiers and other Weapons Ammunition and Warlike things and Military Instruments falsly maliciously secretly and traiterously did obtain buy gather together and procure and cause to be bought obtained