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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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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