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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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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
they held Pleas forbidden by the Customs of the Realm to Ordinary Judges and Suitors to hold In this time Colgrin lost his Franchise of Enfangthief because he would not send a Thief to the common Gaole of the County who was taken within his Liberty and not Bailable In this time Buttolph lost his view of Frank-pledges because he charged the Jurours with other Articles than those which belonged to the View and Amerced people in personal Actions where one was not to be amerced by a pecuniary Punishment And accordingly he caused punishments of Death to Criminal Judges for wrongful mortal Judgements and so he did proportionably for wrongful Judgements of a lesser nature As Imprisonment for wrongful Imprisonments and and like for like with the other Punishments for he delivered Thelweld to Prison because he Judged men to Prison for Offences where they ought not to be Imprisoned He Judged Lithing to Prison because he imprisoned Herbote for the Offence of his Wife He Judged Rutwood to Prison because he Imprisoned Old for the Kings Debt Note In those days people were not to be Imprisoned for Debt but only their Goods distrain'd On the other side he Cut off the Hand of Haulf because he saved Armorks Hand who was Attainted before him that he had Feloniously wounded Richbold He Judged Edulfe to be wounded because he Judged not Arnold to be wounded who had Feloniously wounded Aldens In lesser Judgments he did not meddle with the Judgments but Disinherited the Justices and Removed them according to the Points of those Statutes where he could understand that they had Transgressed their Jurisdiction or the Bounds of their Delegacy or Commission or had concealed Fines or Amerciaments or ought that belonged to the King or had Released or Increased any Punishment contrary to Law or procured Pleadings without Warrant c. Thus far Horns Mirrour Now that this Alfred was one of the Wisest and most Renowned Kings that ever this Land was happily Governed by appears as well by the Eulogies given him by the Ancients as those Encomiastick Verses Dedicated to his Memory by a present Ingenious Courtier Sir Winston Churchill Kt. in his Diri Britannici Fol. 140. Who would not follow him into the Field Who cannot choose but Conquer tho' he yield Whose Sword cut deep yet was his Wit more keen Some Fence ' gainst that But this did wound unseen To thee is due Great Elfrid double praise To thee we bring the Laurel and the Bayes Master of Arts and Arms Apollo so Sometimes did use his Harp sometimes his Bow And from the other Gods got this Renown To Reconcile the Gauntlet to the Gown But who did e're with the same Sword like Thee Execute Justice and the Enemy Keep up at once the Law of Arms and Peace And from the Camp Issue out Writs of Ease The next English Prince of Renown before the Norman Conquest was King Edgar about the year 960. Amongst whose Noble Acts 't is recorded as none of the least memorable that in his Circuits and Progresses through the Countrey he would take Account of the Demeanour of his Lords and especially of his Judges whom he severely Punished if he found them Delinquents Bakers Chron. Fol. 11. Nor have the best and wisest of our Princes since the Conquest been less ready to give up Ill Judges to just Punishment nor our English Parliaments wanting to bring them to it In the pear 1290. being saith Walsingham p. 54. the 17th year of Edw. 1. Justitiarios ferè omnes de falsitate deprehensos a suo Officio deposuit ipsos juxta merita puniens gravi Mulctâ He finding almost all his Judges guilty of Corruption put them out of their places and Punisht them according to their Demerits with heavy Fines Which the Lord Cook in the Second part of his Institutes Fol. 508. likewise takes notice of and tells us That this was done by a Parliament held after the Feast of St. Hillary and only two Judges scap'd scot-free But how severe the Fines of the other Delinquents were appears in Bakers Chronicle fol. 100. Sir Ralph de Hengham says he Chief Justice of the Kings-Bench for Corruption was Fined 7000 Marks Sir John Lovetot one of the Justices of the Common Pleas 3000 Marks Sir William Brompton 6000 Marks Sir Solomon Rochester 4000 Marks Sir Richard Boyland 4000 Marks Sir Walter Hopton 2000 Marks Sir William Saham in 3000 Marks Robert Lithbury Master of the Rolls in 1000 Marks Roger Leicester in 1000 Marks Hugh Bray Escheator and Judge for the Jews 1000 Marks But Sir Adam Stratton Chief Baron of the Exchequer who it seems had been a notable Bribe-fingerer four and thirty Thousand Marks A prodigious Summe allmost 400 years ago And Sir Thomas Wayland Chiefe Justice of the Common-Pleas being found the greatest Offender of all was Attainted of Felony for taking of Bribes and his Lands and Goods Forfeited as appears in the Pleas of Parliament 18 Edw. 1. And he was also Banisht the Kingdom as unworthy to live in that State against which he had so much Offended Sir William Thorp Chief Justice of the Kings-Bench in K. Edw. the Thirds time having of five several persons received five several Bribes which in all amounted to 100 l. was for this alone adjudged to be Hang'd and all his Goods and Lands Forfeited The reason of the Judgment is entred in the Roll in these words Quia praedictus Willielmus Thorpe qui Sacramentum Domini Regis erga populum suum habuit ad Custodiendum fregit malitiosè falsè Rebelliter quantum in ipso fuit Because that as much as in him lay he had broken the Kings Oath made to the People which the King had Intrusted him withall And so much did the then Collective Wisdom of the Nation respect Judges herein that 't is expresly entred that this Judgment should not be drawn into example against any other Officers who should break their Oaths but only against those Qui predictum Sacramentum fecerunt et fregerunt et habent Leges Angliae ad Custodiendum That is only to the Judges that violate their Oaths having the Laws of England Entrusted unto them This Iudgment was given 24 Edw. 3 d. The next year in the Parliament 25 Edw. 3. Numero 10. it was debated in Parliament Whether this Iudgment was Legal and Nullo Contradicente unanimously it was declared to be just and according to the Law and that the same Iudgment may be given in time to come upon the like occasion Which Case I humbly conceive resolves the Case in Law Point Blank thus That it is death for any Judge wittingly to break his Oath in any part of it This Oath of Thorp is entred in the Roll and is the same verbatim with the Iudges Oath in 18 Edw. 3 The same too as I humbly conceive which our Iudges now a days take and is herein afterwards punctually recited The Oaths of our Iudges of England as they bind them to the due