Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	appear_v	king_n	year_n	3,057	5	4.7840	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80048	Judges judged out of their own mouthes or the question resolved by Magna charta, &c. Who have been Englands enemies, kings seducers, and peoples destroyers, from Hen. 3. to Hen. 8. and before and since. Stated by Sr. Edvvard Coke, Knt. late L. Chief Justice of England. Expostulated, and put to the vote of the people, by J. Jones, Gent. Whereunto is added eight observable points of law, executable by justices of peace.	Jones, J., Gent.; Coke, Edward, Sir, 1552-1634.; England. Magna Charta.	1650 (1650)	Wing C4938; Thomason E1414_1; ESTC R13507	46,191	120

learn the Laws at their perils therefore If Ignorance were a plea shall knowledge be excused Professors of knowledg nay such as ingross that Profession from all others nay more such as are the onely causers and punishers of all other mens Ignorance It appeareth that this Sentence was Denounced in the time of King Hen. 3d. Now followeth another Denounced upon the said Confirmation made in the 25th year of King 8d 1o. viz. In the Name of the Father Excom 2. the Son and the Holy Ghost Amen Whereas our Sovereign Lord the King to the Honour of God and Holy Church and for the common profit of the Realm hath granted for him and his Heirs for ever these Articles above written Robert Arch-Bishop of Cauterbury Primate of all England Admonished all his Province Once Twice and Thrice Because that shortness will not suffer so much delay as to give knowledge to all the People of England of these Presents in Writing We therefore injoyn all persons of what Estates soever they be that they and every of them as much as in them is shall uphold and maintain these Articles granted by our Sovereign Lord the King in all points And all those that in any point do resist or break or in any manner hereafter procure counsel or any wise assent to resist or break those Ordinances or go about it by word or deed openly or privily by any manner of pretence or colour We the foresaid Arch-Bishop by our Authority in this Writing expressed do Excommunicate and accurse and from the Lord Jesu Christ and from all the company of Heaven and from all all the Sacraments of Holy Church do sequester and exclude Doth not the word Hereafter Expost Q. 1 extend to all successions and implie a Duration as long as there be a Mag. Charta and a breaker of it Do not Parliamentarie Oaths as well as their Laws include absents and futures as well as present If neither Oaths nor Excommunications be obligatorie to Atheists shall not their hands and seals bind them and their Heirs and Executors after them as common Bonds signed and sealed between private parties commonly do And more specially such as take upon them the sole Execution and Administration of the Laws Liberties and Freehold of England Shall not Charters of Parliament made signed sealed and confirmed by Authoritie of Parliaments bind all Subjects their Heirs Executors and Administrators as well and as far as private Charters of Feofments shall bind their Contractors and their Heirs c. Nay as far as Acts of Parliament can bind till repealed Is not every Court called Curia of the Care it ought to have to execute that charge it undertaketh and not to exact and raise Fees c. for discharging themselves of all their said Obligations to do even Justice to all men and to force men to pay those exactions even for doing injustice If all before written be not sufficient to discover that to be true and that therefore the Lives Lands Goods possessed by Judges Lawyers all or most of them are in the States power to seize into their hands to the use of the Common-wealth as aforesaid let us look a little further and we shall find more that may And first the Statute called Articuli super Chartas viz. Stat. of Artic. on the great Chart. A. 28. Ed. 1. Articles upon the great Charters made 28. of Ed. 1. viz. the same year as the Confirmation at large which consisteth of 38. chapters of Magna Charta was made proveth further as followeth For as much as the Articles of the great Chart●r of the Liberties of England Preamble and of the Charter of the Forrest the which King Henry Father to our Sovereing Lord the King granted to his People for the Weal of his Realm have not been heretofore observed ne kept and all because there was no punishment executed upon them which offended against the points of the Charters before mentioned Our Sovereign Lord the King hath again granted revived confirmed them at the requests of his Prelates Earls Barons assembled in His Parliament holden at Westminster in the ●8 year of his reign And hath ordained enacted and established certain Articles against all them that offend contrary to the points of the said Charters or any part of them or that in any wist transgress them in the form that ensueth viz. First of all That from henceforth the great Charter of the Liberties of England granted to all the Commonaltie of the Realm and the Charter of Forrest in like manner granted shall be observed kept maintained in every point in as ample wise as the King hath granted renued and confirmed them by this Chart. And that the Charter be delivered to every Sheriff of England under the Kings Seal to be read four times in the year before the people in the full County that is to wit the next County day after the Feast of S. Michael and the next County day after the Feast of the Circumcision and after Easter and after the Feast of S. John Baptist And for these two Charters to be firmly observed in every point and Article where before no remedy was at the Common Law there shall be chosen in every Shire Court by the Commonaltie of the same shire three substantial men Knights Justices of Oyer Term. or other lawfull wise and well disposed Persons to be Iustices which shall be assigned by the Kings Letters Patents under the great Seal to hear and determine without any other Writ but onely their Commission such plaints as shall be made upon all those that commit or offend against any point contained in the aforesaid Charters in the Shires where they be assigned as well in Franchises as without and as well for the Kings servants out of their places as for other And to hear the plaints from day to day without any delay and to determine them without allowing the delays which be at the Common Law And the same Knights shall have power to punish all such as shal be attainted of any Trespass done contrary to any point of the two said Charters where no remedy was before at the Common Law as before is said by Imprisonment or by Fine or by Amerciament according to the Trespass Nevertheless the King nor none of his Councel that made this Ordinance intend that by virtue hereof any of the foresaid Knights shall hold any manner of Plea by power for to admit any suit in such cases wherein there hath been remedy provided in times passed after the course of the Common Law by writ Nor also that the Common Law should be prejudiced nor the Ch. aforesaid in any point And the K. Willeth that if all three be not present or cannot at all times attend to do their Office in form aforesaid the King commandeth that two of them shall do it And it is Ordained that the Kings Sheriffs and Bailiffs shall be attendant to do the commandments of

to the Party Perjurious in the Judges who admit such a Return and proceed upon it and as Illegal in the Sheriff that makes such a Return and as different from due Proces of Law as the other And do not those false Returns filed upon their Records make all their proceedings thereupon false and faint Actions as aforesaid And if all before written be not sufficient to make it appear to the world that they are not onely Forgers Perjurers and Anathema's themselves but also the onely causers of all others to be or be accompted the like And that their Lives Lands and Goods are in the immediate dispose of the present State by the judgements and confessions of their own mouths Behold their Oath which they voluntarily take when they assume their places whereby they binde themselves further before God and man as followeth viz. Ye shall Swear The Oath of the Kings Judges that well and lawfully ye shall serve our Sovereign Lord the King and his people in the office of Iustice and that lawfully ye shall Counsel the King in his business and that ye shall not councel nor assent to any thing which may turn him to dammage or disherison by any manner way or colour And that Ye shall not know the dammage or disherison of him whereof Ye shall not do him to be warned by Your self or by other And that Ye shall do even Law and Execution of right to all his Subjects rich and poor without having regard to any person And that You take not by Your self or by other privily nor apertly gift nor reward of gold not silver nor of any other thing which may turn to Your profit unless it be meat or drink and of small valure of any man that shall have any Plea or Proces hanging before You as long as the Proces shall be so hanging nor after the same cause And that Ye take no Fee as long as Ye shall be Iustice nor Robes of any may great or small but of the King himself And that Ye give none advise nor Counsel to no man great nor small in no case where the King is party And in case that any of what Estatt or Condition they be come before You in Your Sessions with Force and Arms or other ways against the Peace or against the form of the Statute thereof made to disturb Execution of the Common Law or to manace the people that they may not pursue the Law that Ye do their Bodies to be Arrested and put in prison and in case they be such that Ye may not Arrest them that Ye certifie the King of their names and of their Misprision hastily so that he may thereof ordain a covenable remedie And that You by Your selfe nor by other privily nor apertly maintain any Plea or quarrel hanging in the Kings Court or else where in the Countrie And that Ye denie to no man common right by the Kings Letters nor none other mans nor for none other cause and in case any Letters come to You contrarie to the Law that You do nothing by such lett but certifie the King thereof and go forth to do 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 Ye may reasonably do the same And in case Ye be from henceforth found in default in any of the points aforesaid Ye shall be at the Kings Will of Body Lands Goods thereof to be done as shall please him As God You help and all Saints Anno 18. Edward 3. Stat. 3. Expost and Quer. If Atheists can perswade Christians that this Oath was no binding for them that had taken it even the Wise Learned Reverend Judges Sages Scientissimous Interpreters of the Laws of England sufficient to keep them within the compass of their Oath Law and Knowledges Shall not Christians perswade themselves that it is a sufficient Confession Declaration and judgement of their own mouths that made it that their forfeitures viz. their Lives Lands and Goods in case of their breach of any point of this Oath are now immediately in the power of the State to dispose of to the publique use at their pleasures without any further Proces or proceedings in Law but onely to give Order and Warrant to Arrest the persons of such Offendors to stand to their censures and to Sequester their Estates and to divide them to the said use accordingly Did Lords ever use any more Law than their own Wills when they Sequestred and punished their villains Had Lords any more Law Right or Reason to Sequester and punish their villains at their own Wills but for that their villains did take their Lands upon conditions to do those services which they and their Lords agreed upon and gave their Lords their Oaths as their greatest bonds to perform those conditions or in case of breach to suffer their Lords to repossess their Lands with the forfeitures of their Goods which they gained and their Lives which they sustained upon the same Was the Oath of a Villain though made by Parliament to the end that Lords should be well served by their Slaves in their private and meanest Offices of as considerable consequence to be observed or in default thereof their forfeitures to be executed as the Oath of Judges made and Confirmed by several Parliaments to the end that the common-wealth should be well served by their Justices in their publike and most honourable if rightly served Offices of Judicature and administration of Justice Are not such Villains as dare incroach not onely upon their Lords Lands and Estates but also upon their Lives and Liberties dangerous transcendent Hyper-Prelatical Usurpers Are not such Usurpers intollerable mischiefs in a Common-wealth Who being sworn servants to the Common-wealth as by this Oath it appeareth the Kings Justices were make all the Common-wealth their servants to attend their Trains at Westminster at their pleasures And all Prisoners for Debt not onely their own Villains but also Villains to their Villainous Goalors and Slaves to their Slaves Are not the meanest of the Free-People of England interessed in the due execution of Justice to which these Judges were sworn as well to them as to Kings and consequently ought they not to be such Lords as dare and will take the forfeitures of such Villains as do them daily Injustice Is not this Oath a sufficient Evidence in it self that the takers of it have do dayly break it cause all others that have or do break it to do so likewise Since Kings and People have wholly referred themselves and their Estates not onely to the Justice of their Judges but also to their fatherly advertisements and admonitions whereby they ought not to suffer any that depend upon them to err through ignorance and they contrariwise admonish none not to offend but suffer and cause more to offend than willingly and wittingly would and so do for want of such admonitions much

for all England divided into six See and compare Rast abridg fol. 65. and Rog. Hoveden parte poster Annal. fol. 548. The not reading and publishing of Mag. Char. is the default partly of Sheriffs not requiring it partly of the Clerk of the Crown c. not sending it to them under Seal All defaults of Sheriffs c. are inquirable and punishable by Justices of Peace as Lamb. Fitz. H. Cromp. Dali c. affirm at large 5. Observe the peoples choice resumed by this Statute when the King presumed to make Justices of P. and under that specious Title to impower them first to affront and by degrees to suppress and at last to extinguish the larger power of Conservatours A Prerogative imposture devised by Lawyers for their own advantage when they got the King to confer this creation of Justices of Peace upon his Chancellours and Keepers to whom their creatures became obliged to subject all England to Westminster contrary to Mag. Char. 5. Justices in Eyre are discontinued long since and not onely for that they were interrupted and wearied out by the Prerogative Judges and Courts at Westminster by their Certioraries Corpus cum causa Errours and other Writs as the Lord Coke confesseth in his Exposition of the Stat. called A●t super Chart. fol. 540. but also for that Justices of Assize Justices of Peace and all Oyers and Terminers by their Commissions and Magistrates of Corporations by their Charters were enabled sworn to hear and determine all Trespasses Contempts Oppressions and Misdemeanours according to the Laws and customs of England as appeareth in and by all Commissions of the Peace Oyers Terminers and Charters that have Oyer and Terminer and by the Stat. made for the first institution of Justices of Peace in the 18th year of Ed. 3d. in which year was also ordained the Oath of all Judges and Justices of Oyer and Terminer for the due execution of justice without sale delay or denial which the thrice reverend Judge Anthony Fitz Herb. admonisheth them that consider it and their duty to God and their Countrey not to break upon any conditions Nat. brevium fol. 240. d. but now the common practice is otherwise 6. Justices of Peace ought not to be seduced to transgress M. C. and the Petition of Right by any Stat. that contradicts them nor to lose the publike interest for any Prerogative usurpation but to re-assume their authority fro People to act as conservatours of the ancient peace and profit of the Common-wealth as in cases of Remitter men stand to their best Title 6. Any that Will ought to have Commissions of Oyer and Terminer for all Extortions Oppressions and Misdemeanours of Sheriffs Under sheriffs Escheatours Bayliffs Clerks and all other Officers See Cromp. Just Peace fol. 51.8 Fitz H. Nat. br fol. 112. d. And Justices of Peace and all other Commissioners that ought by their Commissions and Oaths to punish all such offences do not are no less than porjurers and the greatest malefactours of all other themselves Nor can any Writs of Certiorari Corpus cum causa Errour Supersedeas or putting out of Commission excuse or supercede them to finish their Judgements and Executions in all such causes brought in question before them See and compare the Stat. of 2. Ed. 3. and 14. Ed. 3.14 and the 20. Ed. 3.1 and the Procedendo thereupon in Fitz. H. Na. Bre. fol. 240. where it is said They shall proceed to justice according to law notwithstanding any Letter Commandment Prohibition Writ Privy-Seal or Great Seal to the contrary And if any such things be granted by the King or any of his Judges or Coutrs such a Procedendo ought to be granted by the Keeper of the Broad Seal to countermand them and to command justice judgement and execution to be done even against the King much rather against Judges who under colour of Authority and justice delude and wrong Kings and People For saith the L. Coke upon the Stat. of Marlebridge cap. 5. there is no greater injustice than when under colour of Justice men are injured but Writs of Certiorari Corpus cum causa and Errour ought to be had and granted upon proof of malice partiality injustice or errour in matter committed by any inferiour Court but not upon suggestions or bare suppositions as is used See and compare therefore all the said Statutes in this case together with M. Dearhams Manuel p. 25. Nor by any Superiour Judges or Courts that are parties or concerned in the cause See the L. Coke upon Art super Chart. 7. These oppressions are daily committed by mercinary lawyers by colour of Statutes of their own devices against Mag. C. which Stat. ought to be repealed the longer execution thereof resisted by all or any necessary means 7. The granting of Writs or Commissions to do injustice by or to stay or delay justice where it is done or doing or to deny Writs or Commissions to cause or further justice to be done which always was and yet is the practice of the Prerogative Judges at Westminster not onely to cross interrupt Commissioners legally chosen in and by their Counties as Justices in Eyre were and such and all Justices of Peace and Officers of Trust and concernement in and to the Common-wealth still ought to be is the worst of all Oppressions and a general destruction of Law and People committed by colour of an usurped Authority as saith the L. Coke upon the Statute of Marlebr cap. 5. To prevent which his Lordship further saith It is lawful for the People to take up Arms or for Inferiour Judges to commit their Superiors and that before any Verdict or Judgement because they worthily loose the benefit of Law who intend to subvert it and Subordinate authority is more to be obeyed and assisted in the execution of Justice than the Supreamest to be indured to obstruct it All this and more is to be read in effect in the L. Cokes Exposition upon Art super Char. and the Stat. of Marl●br which if executed by Justices of Peace in their Counties and Magistrates in their Corporations would soon regulate abuses settle Peace and much inable the State and Common-wealth to pay publike debts and relieve distressed Souldiers For it is Law it self as virtue it selfe invirtuateth dignifieth and authorizeth her true servants to execute her precepts and confoundeth expulseth and turneth out of her service all her unjust Stewards and underminers As Jacob and David were preferred before their elder brethren and Saul Jeroboam c. were confounded by and for their own Apostacies As in all these cases c. all Justices of Peace should be carefull to observe their Oaths and perform their duties to the Common-wealth whereof they are eminent members So no doubt the Freemen of England would be ready to assist them in the regaining and preservation of their ancient Birth-rights Laws and Liberties Deus Faxit 8. Under the Titles of Trespases Contempts Oppressions