Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	prisoner_n	3,539	5	8.3907	4	false

Text snippets containing the quad

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

and Imitable Ones Memoria Justi in Aetermun In the Reign of King H. 4. His Son and Heir apparent then a Wild Youth but afterwards as Solid and Renowned a King as most that have sway'd the English Scepter hearing that one of his Companions was Arraigned for Felony before the Lord Chief Justice of England I am sorry my narrow Reading has not brought me acquainted with his Honourable Name came to the Bar and offered to take away the Prisoner by force but being withstood by the said Chief Justice stepped to him and Struck him over the Face whereat the Judge nothing daunted rose up and with a Gravity becoming his Dignity told him That he did not this Affront to Him but to the King his Father in whose Place he sate and therefore forthwith Committed him to Prison The Prince Over-aw'd with the Majesty of the Sage Judge's Expressions calmly Suffered himself to be carried away by an ordinary Tip-Staff which being told the King He not a little Rejoyced both that he had a Judge of such Couragious Integrity and a Son of such Submissive Obedience to his Laws Vide Baker fol. 163. The Famous Queen Elizabeth having required a Charge upon divers of Her Subjects by particular Letters from the Lords of Her Council of several Sums of Money for present Aid towards Her Wars in Ireland hearing that one of Her Judges viz. Mr. Justice Walmesley being conven'd before the said Lords for Non-Payment thereof thereby Discouraging others had Answered That it was Contrary to Law that the same should be Imposed there being an Express Statute against it which He being a Judge was bound by his Oath to signifie to Her Majesty he being as much as in him lay a Conservator of the Queens Oath in that behalf Her Majesty was much Offended that any such Imposition had been pretended to and Commanded that it should be stopped from further Gathering and to such as had paid it their Money by Her express Order was Restored Judge Crooks Argument in Hampden's Case p. 57. In the 29th of the same Queen Her Majesty having Erected a New-Office in the Common-Pleas for making of Supersedeas on Exigents She Grants it to one Cavendish Her Servant sends to have him admitted but the Judges delay the doing thereof On this Reason because the Prothonotaries and Philizers Claimed the making those Writs The Queen sends a Sharp Letter and Commands them forthwith to Admit him Then She sends a more positive Command requiring the Reason of their Contempt and Disobedience The Judges return the beforementioned Reason to the Lord Keeper and Earl of Leicester no mean Man in those Days upon which the Queen sends a Fourth Peremptory Message for their Admitting him with this Reason That if the others were put out they were Rich and Able Men and that Her Courts of Justice were Open where they might Demand their Right for this was not to debar them Therefrom but only to put them to their Action The Honest Judges roturned this Answer That the Queen had taken Her Oath for the due Execution of Justice According to Law and they did not doubt but when Her Majesty was Informed it was against the Law She would Act therein as became her For their own parts they had taken an Oath to God to Her and the Common-Wealth And if they should do it without Process of Law before them and only upon Her Command put the others out of Possession though the Right remained to them it were a Breach of their Oath and therefore if the Fear of God were not Sufficient they told Her the Punishment that was Inflicted upon their Predecessors for Breach of their Oaths citing Thorpe c. might be a sufficient Warning to them Whereupon the Queen hearing these Reasons was Satisfied and the said Judges heard no more of this Business To Descend nearer our own Times we cannot omit that grand Example of Uprightness the ever Famous Sir Matthew Hale late Lord Chief Justice of the King's-Bench a Miracle for all other parts of Polite and Serious Learning as well as profound Knowledge in the Laws of England Of whom I shall yet not offer any particular Instances since his whole Life was one continued Thred of Sincere and Understanding Justice For as easily you might have justled the Sun out of the Ecliptick as to have warp'd him from his constant Road of Integrity An exact Standard whereby Future Princes may measure the Qualifications of their Judges for though he were a most Loyal and Zealous Servant to the Crown yet he was so far from being ever Impeached by the Representative Body of the Nation that no one Single Person no not of those that were Cast before him were ever heard to complain of his Conduct And if any Latter Judges have been dismiss'd by false Tales of Sycophant Whisperers or for opposing base Illegal Arbitrary Interests as they have the Invaluable Satisfaction of a good Conscience for their Comfort so they may be assured they still appear more Glorious in the Eyes of all good English-Men at present and will be Recorded more Venerable to Posterity than any Robes or Preferment sullied with Bribery Flattery or Treacherous Compliances could renden them However we hope the Various Examples we have here Enumerated from Authentick Records and Histories may be sufficient to Deterr future Judges from Ill Courses and satisfie all the World both in the Justice of the Parliaments late Proceedings in this Case and the Reasonableness of their Vote and intended Bill That Judges henceforth should hold their Places and Salaries not Ad Placitum but Quam Diu se bene gasserint Which was the principal Aim of these Papers Fiat Justitia FINIS