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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

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Administration of Iustice to the Subject according to the Laws which are every Free-mans Birth-Right so also as they be of the Kings Council they are by such their Oaths oblig'd lawfully to counsel him that is whenever their opinions are demanded they are sworn and bound to deliver them according to the Law Let us see how our Ancestors resented these matters In a Parliament held in the 11th year of Richard the 2. there was Iudgment of High-Treason given against 18 several Persons and all save one of them of Eminent Rank Three Privy Counselors viz. The Archbishop of York The Duke of Ireland and Earl of Suffolk the Bishop of Exeter the Kings Confessour Five Knights of whom some had been Servants to Edw. the 3. and all but one Servants to the then King and some of them of Noble Descent but that which I more particularly observe there were amongst them Six Judges and Locton the Kings Serjeant at Law Blake of the Kings Council at Law and Usk the under Sheriff of Middlesex Of these 18 8 were Executed that is Sir Robert Tresilian the Lord Chief Iustice was drawn from the Tower through the midst of London to Tyburn and there Hanged so likewise were Usk and Blake and Sir Iohn Salisbury but the other 4 Knights had the Favour to be Beheaded Three that is the Archbishop of York the Duke of Ireland and the Earl of Suffolk died miserable Fugitives in forreign Parts The other seven whereof five were Judges with much ado got a Pardon as to Life but were banished and their Lands and Goods all forfeited and it was made Felony for any to procure their Recalling home and themselves forthwith to be executed as Traytors if at any time they should presume to return And of these eighteen Persons all save three were impeached by the Commons The Offences which procured these Exemplary Punishments were briefly these King Richard the II. being an unthinking dissolute Prince by the ill counsel of some near his Person there had during his minority happened divers miscarriages in the Government To redress which in a Parliament holden in the tenth year of his Reign and the twentieth of his Age a Commission was awarded to Twelve Peers and others of greatest Wisdom and Ability impowering them to inspect the past management of the Houshold the Revenue the Courts of Justice and in a word all things that did concern the Good of the Realm with full power finally to determine and put all things in excution so as might most tend to the Honour of the King Relief of the People and Safety of the Land which Commission was to endure onely one year Now come five of the Persons above-named viz. the Archbishop the Duke the Earl of Suffolk the Chief Justice and Brembre who seeing themselves like to be called to Account for their pernitious Counsels and Irregularities and to be brought to deserved shame and punishment to avoid the same and continue their Villanies for the future they insinuated to the King That this Commission intrenched upon the Royal Power and was derogatory to the Crown that the procurers thereof had extorted His Royal Assent thereunto in Parliament and that this was Treason for so the Chief Justice and Blake the Kings Council who was advised withal in the Writ declared it to be whereupon Blake was commanded to prepare an Indictment of Treason against all the said Commissioners and against such others as had been most active in procuring that Authority Accordingly he draws the Indictment which stands entred in the Roll and is to this effect That they the said Commissioners c. had Traiterously conspired among themselves to make this Commission by Authority of Parliament against the Royalty of the King to his disherison and in derogation of the Crown and that they forced the Kings Consent and confederated themselves to maintain one another in so doing It was designed that they should be tryed upon this Indictment in Middlesex or London and therefore some of the parties to be prosecuted not being Peers Usk the Under-Sheriff of Middlesex was acquainted with the business who was to return a Pack'd-Iury you see that 's a very old Game that might be sure to do the business which he performing accordingly was therefore hang'd But further the five grand Favourites that the King might the more confide in their Counsels for so are the words of the Record and that under colour of Law they might cover their malice from the King and the Kingdom before the Trials were to be brought on advise the King to demand the Opinion of some of the Judges that is of the two Chief Justices and Chief Baron and the Judges of the Common-Pleas six in all in number and of Locton the Kings Serjeant Blake of the Kings Council at Law was commanded to draw up those Questions who did it accordingly and for drawing the same and the before-mentioned Indictment he was himself Drawn and Hanged The Questions being prepared in Writing the Iudges were sent for to Nottingham Castle where in the Kings own Presence they were commanded upon their Allegiance to deliver their Opinions 1. Whether the Commission was derogatory to the Rights of the Crown They answered It was 2. Whether the persuading and urging the King to consent thereunto in Parliament was Treason They answered That it was Here were other Questions ask'd but these were the Main and those for which they were condemned as appears by the Replication of the Commons to the Iudges Answer and by the Words of the Iudgment That they the said Iudges knew that this Commission was awarded in Parliament c. that it was for the Publick Good That they knew of the Traiterous Intent to destroy the Procurers of this Commission That they knew the Law and that it was not Treason and had delivered such Opinions thereby under colour of Law to cover their Treasonable Intent and therefore Iudgment of High-Treason was given against them and against Locton the Kings Serjeant who had Subscribed these False Opinions with the Iudges And though there be other Articles against the Rest yet this alone is adjudged Treason in the several Iudgments against every one of the Eighteen And 't is observable That in all these Iudgments they are adjudged Traitors as well against the Person of the King as against the Common-wealth And it is there declared upon great Advice taken That in Treasons which concern the King and Kingdom they are not bound to proceed according to the Rules of the Common-Law but according to the Course of Parliaments so as may be for the Common-Good Nor were these Iudgments huddled up in haste but given upon long and mature Deliberation the Work of a Whole Parliament And it is declared in the Roll That they spent long time and took great pains in examining the Evidence the better thereby to satisfie their own Consciences and the World Their Proceedings against the five Plotters were begun the 14 of Novemb. and the