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A65682 The second part of The ignoramus justices, or, An answer to the scandalous speech of Sir W.S. Barronet spoken to the grand-jury at the Sessions of Peace held for the county of Middlesex, at Hick's-hall, on Monday the 24 of April, 1682 : together with several remarks upon the order of Sessions, for the printing and publishing the same / by the same authour.; Ignoramus justices. Part 2 Whitaker, Edward.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex) 1682 (1682) Wing W1705; ESTC R2042 37,153 39

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and foppish an assertion as it will be if the Justice should the next Sessions spend his time in his Discourse of catching of Connies in a Warren he is well acquainted with In the Statute of Provisoes the Parliament there asserts these words viz. The Commons have prayed our Lord the King that since the Crown of England and the Law of the said Realm is such that upon the mischief and damages which happen to this Realm he ought and is bound by his Oath with the accord of his People in his Parliament thereof to make Remedy and Law in removing the mischiefs and damages which thereof ensue that it may please him thereupon to ordain remedy The King in the same Statute Answers the Prayer of the Commons and saith by his Oath he is bound to it which Statute may be read at leasure to this plainly agrees the Kings Oath at his Coronation viz. R●t Parliament 1 H. 4. Num. 17. Forma Juramenti solit consueti prestart per Reges Angliae in horam Coronatione Servabis Ecclesiae Dei cleroque populo pacem ex integro concordium in Deo secundum Vices tuas Respondebit Servabo Facias fieri in omnibus Judiciis tuis equam Rectam Justitiam Discretioonem in misericordia veritate secundum Vices tuas Respondebit faciam Concedis Justas Leges Consuetudines esse tenendas promittis per te eas esse protegendas ad honorem cas Corroborandas quas vulgus elegerit secundum Vices tuas Respondebit Censedo Promitto Aujiciantque puldutis interrogationibus que justa fuerint pronunciat iisque orbus confirmet Rex se omnia servatur sacramento super altare Prestito cora●● Cunctis By which Oath we may perceive the Kings of England are bound to keep all Laws and to grant fulfil and defend all rightful Laws which the people of the Realm shall choose and to strengthen and maintain them the Chancellor and Ministers about him are sworn to give him true and faithful advice the Judges are sworn to advice the King in point of Law and to Administer the Law indifferently between the King and his Subjects which Oath begins thus viz. An oath of the Iustices being made in the year of Edw. the 3d. in the year 1344. Ye shall swear that well and lawfully ye shall serve our Lord the King and the people in the office of Iustice and that lawfully ye shall Coucel the King in his business and that ye shall not Councel or Assent to any thing which may turn him in damage or dishersion by any manner way or culler and that ye shall not know the damage or dishersion of him whereof ye shall not cause him to be warrented by your self or by other and that ye shall do equal law and right to all his Subjects rich and poor without haveing regard to any Person and that you take not by your self or by others privately or apertly gifts nor rewards of Gold nor Silver nor of any other thing which may turn to your profit unless it be meat or drink and that of small value of any man that shall have any plea or process hanging before you as long as the same process shall so be hanging nor after for the same Cause and that ye take no fee as long as ye shall be Iustice nor Roabes of any man great or small but of the King himself and that ye give no Advice or Councel to no man great or small in no case where the King is party and in case that any of what Estate or Condition they be come before you in your Sessions with force and armes or otherwise against the peace or against the form of the Statute thereof made to disturb execution of the Common Law or to mennace the people that they may not pursue the Law that ye shall cause their Bodies to be Arrested and put in prison and in case they be such that ye cannot arrest then that ye certifie the King of their Names and of their misprision hastily so that ye may thereof ordain a conveneable Remedy And that ye by your self nor by others privity or apertly maintain any Plea or Quarrel hanging in the Kings Court or elsewhere in the County And that ye deny no man common Right by the Kings Letters nor no other mans nor for none other Cause And in case any Letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and proceed to execute the Law Notwithstanding the same Letters and that ye shall do and procure the profit of the King and of his Crown with all things where you may reasonably do the same And in case ye be from hence forth found in default in any of the points aforesaid ye shall be at the Kings will Body Lands and Goods thereof to be done as shall please him As God you help and all Saints Now having given you the Oaths as the Law hath setled it I shall add one Statute more to shew how careful and diligent our Ancestors were to preserve this Nation from Arbitrary Power not only in the King but also in Judges and Officers that we might not be enslaved and opprest by the Judges under a colour and pretence of Law And that is the Statute of 20 E. 3. The Title is viz. The Justices of both Benches 20 E. 3. cap 10 Assices c. shall do right to all men take no fee but of the King nor give Councel where the King is party First we have commanded all our Iustices that they shall from henceforth do equal Law and Execution of Right to all our Subjects rich and poor without having regard to any person and without omitting to do right for any Letters or Commandment which come to them from us or from any other or by any other Cause And if that any Letters Writs or Commandments come to the Iustices or to others deputed to do Law and Right according to the usage of the Realm in disturbance of the Law or of Execution of the same or of Right of the Parties The Iustices and others aforesaid shall proceed and hold their Courts and Process where they please and matters be depending before them As if no such Letters Writs or Commandments were come to them And they shall certifie us and our Councel of such Commandment is which be contrary to Law as aforesaid and to the Iuter● that our Iustices shall do even right to all people in manner aforesaid without more favour shewn to one then to the other We have ordained and caused out Iustices to be sworn That they shall not from henceforth as long as they shall be in Office of Iustice take Fee nor Roab of any man but of our self and that they shall take no gift or reward by themselves nor by others privily or apertly of any man that hath to do before them by any way except meat and Drink and that of small value
transgresses that Law that made him so and his Ministers Judges and Justices of all sorts that either assists him in it or Act by such Commands shall account to the people by the Law of the Land and reckon one day for it to their cost for though it be a maxim in Law the King can do no wrong which is meant as to his pollitick capacity yet the Ministers and Officers that act under the pretence of his command if it be an unlawful Act they do though they are commanded by the King to do it it shall be no excuse for them for if the Kings Commands or his Patents be not according to the Law they are Null and Void and the Person that Acts by such Commands though he hath such pretended Authority shall be punished for the same with Life and Member as the crime deserves And the efore our wise Ancestors foreseeing the mischief that corrupt Ministers and Judges about the King might bring upon the Nation always took care that within some convenient time a General Councel of the whole Nation should meet for to judg of matters hear complaints redress Grievances punish Evil Councellors wicked Judges Officers and Offenders who had wronged the King and People by such their foul practices and pernitious Councels well foreseeing that in a pollitick Body as well as in a Corporal Body Deseases and Scurbitick humours will ever be growing and therefore must stand in need of good Physick and wise and honest Physitians to heal them lest the Disease grows incurable And therefore in all ages we find that our Ancestors took care that the people should meet together at certain times sometimes twice in a year and oftner if need required As in King Alfred's time and the reason by the Records is given to keep the people of God from sin and to do Holy Judgments as you may see by our Law Books Vid. Flornes Merrour of Justice Sect. 3. p. 10. Cook and Lit●leton fol. 110. See Hornes Mirrour of Justice and my Lord Cooks second part of the Institutes of the Law of England The words of the Law are these viz. That a Parliament shall be called at London twice every year or oftner if need be to keep the people of God from Sin that they might live in peace and true Religion certain Vsages and Holy Iudgments Now of later years in Edward the thirds time a Law was made that a Parliament should be holden once a year and more often if need be See the Statute of the 4 E. 3. Cap. 4. which ordains viz. Item 4 E. 3. C. 14. It is Recorded that a Parliament shall be holden every year once and more often if need be There is another Act made in the 36 E. 3. in these words viz. Item 36 E. 3. C. 10. For maintenance of the said Articles and Statutes and Redress of divers Mischiefs and Grievances which daily happen A Parliament shall be holden every year as another time was ordained by a Statute Now by these Statutes we may plainly see what is the Right of the Subject and the Law of the Land Why it is frequent Parliaments to protect and preserve the Nation without which it is impossible for either the King or People to be safe from violence oppressions and incroachment of proud and insolent men which always was and over will be designing to root up the Government and the peoples Rights and get them into their own Clutches under the disguise of their serving the King in his own way And if this be so that both these last recited Laws be yet in force which I am sure neither the wise Justice or any Judg of England that is a man of Law can say they are not And since we have been now without a Parliament above one whole year sure Sir W. in his Speech ought to have given some touch to the Jury to present as a Grievance and a Breach of the Law the want of a Parliament and it would have better befitted him to have discoursed about the Effluviums of the Mouth and Haggs And since we are governed by Laws and our Kings are sworn to maintain them as we shall show you anon and that we are sure our Kings receive the Crowns they wear from the Law of the Land And that no King of England came into the world booted and Spurred ready prepared to ride the people to death nor drop from Heaven in a Cloud nor yet riseth in a night like a Mushroom but that he is the Ordinance of man as St. Paul calls him for their good And that the Kings of England can deny then Subjects nothing in Parliament that is for the publick welfare as appears in the latter clause of the Statutes of provisoes made in the 25 year of Edward the 3 25 E. 3. C. 1. and since the Justice is pleased to say page 1. that it is high time to speak plain English methinks he could not have spoken better English then this that the want of a Parliament is the greatest mischief this Nation now groanes under especially if his own words are true that we are a miserable devided people what means can better be found out to unite and help us then the Parliament where every mans complaint may be heard and where the King is most powerful to Redress which is no where so great as in the High Court of Parliament but to justifie what I have before propounded or rather asserted that Justice cannot be stopped either by the King his Ministers or his Judges on any other pretence whatever I shall here add to what hath been said a short branch of the Statute of Provisoes and the Coronation Oath which plainly shews that our Kings are so by Law and not otherwise of Divine institution then any other man in such Station as God calls them to for every man in his several calling may be said to be by Gods permission and allowance in some way or other as much as Kings in their way of Government which appears plainly by the Text the Justice hath named to wit by me Kings Reign but with his good leave the Law choose them or else they come by force and are Tyrants and that will appear not only by our Records of our English Government both in the altering and translating of the Crown from one to another in all ages by Act of Parliament but in holy Record too though we are not under the same Dispensation the Jews were under yet the Scripture tells us they choose and made their King See the 2d of Kings Cap. 17. ver 21. The words are And they made Jeroboam Son of Nebat King and though the prophet did anoint David to be King yet all the people met together to make David King and to in divers other places but I think Jure Divino is so far out of the case that it would show in the Author as much Ignorance to spend time to make Arguments about so vain