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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63255	The triumphs of justice over unjust judges exhibiting, I. the names and crimes of four and forty judges hang'd in one year in England, as murderers for their corrupt judgments, II. the case of the Lord Chief Justice Trefilian, hang'd at Tyburn, and all the rest of the judges of England (save one) banisht in K. Rich. the 2ds time, III. the crimes of Empson and Dudley, executed in K. Henry the 8th's days, IV. the proceedings of the ship-money-judges in the reign of K. Charles the first, V. diverse other presidents both antient and modern : to which is added VI. the judges oath, and some observations thereupon, humbly dedicated to the Lord Chief Justice Scroggs.	Philo-Dicaios.	1681 (1681)	Wing T2297; ESTC R3571	28,282	42

forsomuch that before this time the said Offences Extortions Contempts c. might not nor as yet may be conveniently Punished by the due Order of Law except it were first found and presented by the Verdict of Twelve ●●en thereto duely Sworn who for the Causes before Recited will not find nor present the Truth wherefore be it by the Advice and Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by Authority of the same Enacted Ordained and Established That from henceforth as well the Iustices of Assize as the Iustices of the Peace in every County of the said Realm upon Information Note it was to be without any Presentment or Indictment found by any Grand or Petty Jury for the King c. shall have full Power Authority by their Discretion to hear determine all Offences c. Here you see Matters were left to be determined by Judges and Justices Without Iuries in a Summary Chancery-Method only according forsooth to their Discretion Yet still there was a Proviso THat no such Information should extend to Treason Murder or Felony nor to any other Offence for which any Person should lose Life or Member Nor to lose by or upon the same Information any Lands Tenements Goods or Chatteis to the Party making the same Information Which deserves Particular Notice Yet observe how the same Reverend Lord Coolt in the Place before-cited descants on this Act. By Pretext saith he of this Law Empson and Dudley did commit upon the Subject unsufferable Pressures and Oppressions and therefore this Statute was Justly soon after the Decease of Henry the Seventh Repeal'd by an Act of Parliament 1 H. 8. Cap. 8. A good Caveat to Parliaments to leave all Causes to be measured by that Golden and Strait-Mete-Wand of the Law and not to the incertain and crooked Cord of Discretion It is not almost Credible continues the same Judicious Author to fore-see when any Maxim or Fundamental-Law of this Realm He means as to this particular Case Tryals per Pais that is by Juries is Altered what dangerous Inconveniences do follow Which most expresly appears by this Most Vnjust Strange Act 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 of the Faces of poor Subjects by Penal Laws be they never so Obsolete or unfit for the Time Suppose for a Parallel in our Times putting the Statutes against Popish Recusants in Execution against Protestant Dissenters at a Juncture when Popery was just ready to over-run us all 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 Discretion These and other like Oppressions and Exactions by or by Means of Empson and Dudley and their Instruments brought Infinite Treasures to the King's Coffers whereof the King in the End with great Grief and Compunction Repented This Statute of 11 H. 7 We have Recited and shewed the Inconveniencies 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 these Two Time-Servers Empson and Dudley Thus far that Oracle of our English Laws Wherein be pleased to observe First That he sticks not to call even an Act of Parliament most Vnjust and Strange And in the Second Part of his Institutes fol. 51. Vnjust and Injurious because it Altered a Fundamental-Law of the Realm viz. Denyed Tryal by Juries a most Essential Part of English Freedom and never to be parted with Secondly Observe what became of these Two Wicked Men though they had such a Colour of Law to bear them out They were in the Beginning of the Reign of King Henry the Eighth first Indicted for other base Practises in Finding of False Offices for the King to the Dammage and Disherison of His Subjects Which Indictment ran as follows see Cook 's Instit Part the Fourth fol. 198. Juratores praesentant quod Richardus Empson nuper de London Miles c. In English thus THe Jurors present That Richard Empson late of London Knight late Counsellor of the most Excellent Prince Henry the Seventh late King of England on the Tenth Day of May in the Twentyeth Year of the said late King and divers Times before and after at London c. Not having God before his Eyes but as the Son of the Devil imagining the Honour Dignity and Prosperity of the said late King and the Prosperity of His Kingdom of England not at all to Value or Regard But to the end that he might obtain to be a more Singular Favourite of the said late King whereby he Himself might be made a Noble or Great Man and Govern the whole Kingdom of England at his Pleasure Falsly Deceitfully and Treasonably Subverting the La●y of England did amongst other Things the Day and Year afore-said at London in the Parish and Ward afore-said procure and cause to be found divers false Inquisitions and Offices of Intrusions and Alienations of divers Leige-Subject's Mannors Lands and Tenements that they held the Mannors Lands and Tenements in those Inquisitions specified of our Lord the King in Capite or otherwise when in Truth it was not so And afterwards when the said Leige-Subjects of our Lord the late King would have tendered and alledged Traverses to the said Inquisitions in the Court of Him the said late King according to the Law of England they could not be admitted to those Traverses But he the said Richard Empson debar'd and delay'd them from the same 'till they had agreed with him to pay divers Great and Insupportable Fines and Redemptions as well for the Profit of the said late King as for the proper private Advantages of him the said Richard to the great Impoverishment of the said Subjects And that the said Richard the Day and Year afore-said in the Parish and Ward afore-said and several Times before and after divers Leige-Subjects of the said late King holding of out said Lord the King divers Mannors Lands and Tenements by Knight's-Service and themselves being by the Death of their Ancestors under Age and so in the Wardship of the King by Reason of their Tenure when they came to lawful Age and ought to have had due Livery of their Mannors Lands and Tenements according to the Custom and Law of England and would have Prosecuted the same according to the Course of Chancery did refuse them so to do and totally deny and erclude until they had made with him the said Richard divers great Fines and Redemptions more than they could bear as well for the Gain of the said late King as for the private Benefit of him the said Richard Whereby many of the said late King's People were by such Grievances and Vnjust Extortions many wayes vered Insomuch that the Subjects of the said late

THE TRIUMPHS OF JUSTICE OVER Vnjust Iudges EXHIBITING I. The Names and Crimes of Four and Forty Iudges Hang'd in one Year in England as Murderers for their corrupt Judgments II. The Case of the Lord Chief Justice Tresilian Hang'd at Tyburn and all the rest of the Judges of England save one banisht in K. Rich. the 2ds Time III. The Crimes of Empson and Dudley Executed in K. Henry the 8th's Days IV. The Proceedings of the Ship-money-Judges in the Reign of K. Charles the First V. Diverse other Presidents both Antient and Modern To which is added VI. The Judges OATH and some Observations thereupon Humbly Dedicated to the Lord Chief Iustice Scroggs Discite Justitiam moniti non temnere Leges LONDON Printed for Benjamin Harris at the Stationers Arms in the Piazza under the Royal Exchange 1681. TO Sir William Scroggs Kt. LORD CHIEF JUSTICE Of His Majesties Court of KINGS-BENCH AT WESTMINTER I Know not to whom I could more properly Dedicate a Treatise of this Nature than to Your Lordship who is at Present Lord Chief Justice of England and have set such remarkable Copies to inferior Magistrates What is here offered is neither Prophecy nor Plaister Lampoon nor Romance but a clear Mirrour retreiv'd out of the Closet of wise Antiquity In which future Administrators of publick Justice would do well to Look For you know My Lord Common-Law runs much upon Presidents And if a Man happen to have none of the best Physiognomies there is no reason why he should straight grow angry and fling stones to break all the Looking-Glasses he meets with only because they represent the true Figure of the Object 'T is a Priviledge we Scribblers that write for Bread hold by Prescription to put any great Bodies name in the front of our Book Princes have not been able to exempt themselves or their Favourites from the Persecution of Dedications nor is there I humbly conceive any Rule made in Your Lordships Court to forbid them Suffer then I beseech Your Lordship this Address to remain a Monument to Posterity of the Sentiments this Age has of Your Lordships Conduct and Merits and witness to all the world how much its Author is Westminster-Hall this 23 of Dec. 1680. Your Lordships most humble Servant Philo-Dicaios THE TRIUMPHS OF JUSTICE OVER Vnjust Iudges c. UNdoubtedly there may be because there has been too often in the World such a thing such a sin such a mischief as Corruption of Iudges that is when by means of Pecuniary or other Bribes or which is all out as bad Threatnings Promises of Reward Malice Revenge hopes of greater or fears of being turned out of present Preferments or any other ill motive They that are appointed and Sworn to Administer equal and impartial Right and Justice are wrap'd aside or Bias'd to serve a Turn or Wreck a private Grudge or to free the Guilty or condemn the Innocent or to lean rather to the one side than to the other or wilfully to declare that to be Law which they cannot but know is not so or to adjudge punishments disproportionate to the Crimes that appear before them or any the like base illegal practises How odious this Vice is to God and Man as being equally destructive to Religion and Humane Society and how severely it has been heretofore punished by both may appear by The Ensuing Examples 1. As to God who is Capitalis Justitiarius Caeli Terrae the Grand never-erring Justitiary of all the World His Sacred Word prohibits nothing more positively nor omplain of any thing lowder or with more repeated importunities Thou shalt not rest the judgment of the poor in his cause Thou shalt take no gift for a gift blindeth the eye of the wise and perverteth the words of the Righteous Ex. 23.6 and 8 ver Thou shalt not rest juegment thou shalt not respect persons neither take a gift c. Deut. 16.19 Woe unto them that justifie the wicked for reward and taketh away the righteousness of the righteous from him Isa 5.23 A wicked man taketh a gift out of the bosome 't is done you see slyly and in the dark to pervert the ways of judgment Prov. 17 23. Woe unto yee who turn judgment into wormwood and leave off righteousness in the earth Amos 5.7 The good man is perished out of the earth and there is none upwright amongst men They all lye in wait for bloud they hunt every man his brother as with a net that they may do evil with both hands earnestly The Prince asketh and the Judg gapeth for a reward and the great man uttereth his mischievous desire so they wrap it up the best of them is as a briar the most upright is sharper than a thorn-hedg c. Mic. 7.2 3 4 ver with many of the like Texts 2 As corrupt Judges are thus obnoxious to the Curse of God so hath his Divine Providence not seldome Executed it upon them even in this world by the hands of men Nor indeed is there any thing that can render Kings Gods Vicegerents more Glorious or better establish any state than to keep the Current of Justice clear and unsullied and exemplarily to punish their Subordinate Ministers and especially Judges that shall presume to impoison that Sacred Fountain Several Heathen Princes are Renowned for this wholesom severity 'T is said of Alexander Severus the Roman Emperour that he had such an aversion and abhorrence of unjust Judges that at the very sight of them he would vomit Choler was ready with his fingers to pluck out their eyes-Theatrum Historicum f. 546. The Mighty Monarch Cambyses King of Persia finding that one Sisamnes his Chief Justice Proeses our Author calls him in Latin had receiv'd a Bribe and for the same pronounced an unjust Sentence forthwith caused him to be Executed and curiously flead and with his skin cover'd the Common Seat of Justice and Constituted Otanes the said Sisamnes's own Son Judg in his Room That so beholding daily those Reliques of his justly-punisht Father It might serve as a Memento to him to act more uprightly Chronicon Carionis l. 2. p. 19. But not to search so far off our own Nation affords us perhaps the most notable and numerous Examples of Royal Justice in this kind of any in the world For we find it Recorded in that Antient Law-Book Entituled The Mirrour of Justices most of which is said to be Compiled before the Conquest and Augmented by the Learned Andrew Horn in the Reign of K. Edw. the Ist and which is often Cited by the Famous Lord Coke and to this day continues in good Repute amongst Lawyers That King Alfred a Renowned Saxon-Prince who Governed this Realm about the Year of our Lord 900. did in one years space bring to Condign punishment no fewer than four and forty of his Justices so the Law Terms those we call Judges and this was long before either Justices of the Peace Establisht or the Courts fixed at Westminster But

Votes being Transmitted by the Commons to the House of Lords Their Lordships did Concur therein And on Fryday the 26. of February 1640. It was Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled That the Lord-Keeper or Master of the Rolls the Two Lord Chief Justices and the Lord Chief Baron and likewise the Chief Clerk of the Star-Chamber should bring into the Upper House of Parliament the Records of the Judgment against Mr. Hampden concerning Ship-Money in each of those several Courts and that a Vacat thereof should be made And that a Copy of the Judgment of the Parliament concerning the Illegality thereof should be Delivered to the several Judges of Assize and that they should be required to Publish the same in all the Circuits Which on the 27. of the same February was done accordingly the said Records being Vacated and the Rolls Cross'd with a Pen in the House of Lords and Subscribed with the Clerk of the Parliament's Hand And soon after several of the before-named Judges were Impeached for the same in Parliament And not daring to stand the Shock some of them as the Lord Chief Justice Finch Fled beyond the Seas and others Absconded And soon after came on the Unnatural Civil-Wars so Destructive to King and Kingdom which though no way Justifiable yet it cannot be denyed but they were not a little Occasion'd and the Animosities of the People blown into an Untameable Flame by these base Traiterous Proceedings of those Sycophant Judges And Woe unto those say Sacred Oracles by whom Offences come However after so many dismal Experiences and fair Warnings and the Miraculous Restauration of His present Majesty our Gracious Soveraign whom God long Preserve a Prince of Incomparable Lenity and Good-natur'd beyond Example it might be hoped that none Preferr'd to the Publick Seats of Justice durst to have Acted ●o contrary to His Royal Incimations as to violate those Laws which He Himself has Sworn to Maintain and Intrusted them to Administer Yet so Base and Extravagant are some as even to abuse the Favours of the Best of Princes and puff't up with Preferment will take no Admonition from the Falls of their Head-strong Predecessors but still presume to sully those Ermins the Emblems of Innocency and Integrity which they wear and adventure on the same Destructive Precipices You have heard how heinously our Prudent Ancestors resented the Violation of their Liberties though by an Act in Tryals of the Free-born People of England Without Iuries Next to which is the Ruffing Hectoring and Over-awing of Juries For What real Difference is there betwixt allowing no Juries at all and Menacing them into a Compliance contrary to Law and their own Consciences with the Corrupt Humours and Time serving Interests of ill Judges Of this Crime the Lord Chief Justice Keeling about the Year 1666. a Time when God's General Judgments on this Sinful Land might have awakened them to greater Circumspection and Uprightness was not only Guilty but Question'd for the same even by That very Parliament which was never extraordinarily Celebrated for bringing Publick Vermine to Punishment Yet such a Sense they had of these ill Practises that in their Journal we find the following Votes on this Occasion Die Mecurii 11º Decembris 1667. THE House Resuming the Hearing of the rest of the Report touching the Matter of Restraint upon Juries and upon the Examination of divers Witnesses in several Cases of Restraints put upon Juries by the Lord Chief Justice Keeling Resolved as followeth First That the Proceedings of the said Lord Chief Justice in the Cases now Reported are Innovations in the Tryals 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 Undervalued Vilified and Contemned Magna Charta the great Preserver of our Lives Liberties and Property Thirdly That he be brought to Tryal in Order to Condign Punishment in such Manner as the House shall judge most Fit and Requisite And again Die Veneris 13º Decembris 1667. Resolved THat the Precedents and Practice for Fining or Imprisoning of Jurors for Giving their Verdicts is Illegal Here you see the ill Practices of that Chief Justice were Branded in Parliament and he was ordered to be Prosecuted though by reason of the Houses being Prorogued and he himself not long after Dying in Discontent we do not find there were any further Proceedings made therein At the Sessions for London Sept. 1670. William Penn and William Mead Two of the People commonly called Quakers being Indicted For that they the Fourteenth of August before did with others to the Number of Three Hundred in Grace-Church-Street Unlawfully and Tumultuously Assemble c. by reason whereof a great Tumult did there happen in Contempt of the King great Disturbance of the Peace Terror of the People c. And the Jury after having been several times sent back and kept close from the Saturday till the Monday Morning bringing them in Not Guilty Sir John Howel then Recorder of London presumed to Fine the said Jury Forty Marks a Man and to Lye in Prison till paid Being thus in Custody Edward Bushel one of the said Jury-Men brought his Habeas Corpus in the Court of Common-Pleas and upon a long Argument it was Adjudged by the whole Court That the said Fining and Commitment was Illegal Whereupon the said Bushel was Discharged and left to bring his Action for False Imprisonment against the said Recorder Which Case is Reported by Vaughan at that time Chief Justice of the said Court in his Reports Licensed and Approved of by the present Lord Chancellor of England Sir William Scroggs since Lord Chief-Justice of the King 's Bench my Lord North Chief-Justice of the Common-Pleas and all the Judges of England But as to the Illegality of any Courts Imposing upon Menacing Fineing or Imprisoning Juries see a small Treatise Entituled The English-Man's Right Printed for R. Janeway 1680. and another called The Grand Iury-Man's Oath and Office Explained Sold by Langley Curtis on Ludgate-Hill both well worthy the Perusal of every True English-Man What Proceedings have been since or rather are at this instant pendent against Judges for Hectoring of Juries and other Illegal Arbitrary Proceedings are too fresh in every Bodies Memory to need a Recital Instead of which I shall rather Insert the Form of the Oath Taken by Judges at their first Admittance to that Office which runs as follows The OATH of a JUDGE In Dorso Claus ' de Anno 20. Edw. 31. Part. Prima YE shall Swear That Well and Truly ye shall Serve our Sovereign Lord the King and His People in the Office of Justice And that ye shall Counsel our Sovereign Lord the King in His Needs And that ye shall not give any