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	royal_a	2,649	5	8.1052	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

Barons of our Court of Exchequer Charles Rex TRusty and Well-beloved We greet you well Taking into our Princely Consideration that the Honour and Safety of this our Realm of England the Preservation whereof is Only Entrusted to our Care was and is more nearly concern'd than in late or former times as well by divers Counsels and Attempts to take from us the Dominion of the Seas of which we are sole Lord and Right Owner and Proprietor and the Loss whereof would be of greatest Danger and Peril to this Kingdom and other our Dominions and many other ways We for the avoiding of these and the like Dangers well Weighing with our self that where the Good and Safety of the Kingdom in general is concern'd and the whole Kingdom in Danger there the Charge and Defence ought to be Borne by all the Realm in general did for the preventing so publick a Mischief resolve with our self to have a Royal Navy prepared that might be of Force and Power with Almighty God's Blessing and Assistance to Protect and Defend this our Realm and our Subjects therein from all such Perils and Dangers And for that purpose we Issued forth Writs under our great Seal of England Directed to all our Sheriffs of our several Counties of England and Wales Commanding thereby all our said Subjects in every City Town and Village to provide such a Number of Ships well-furnish't as might serve for this Royal Purpose and which might be done with the greatest Equality that could be In performance whereof though generally throughout all the Counties of this our Realm we have found in our Subjects great Chearfulness and Alacrity which we Graciously Interpret as a Testimony as well of their Dutiful Affection to us and our Service as of the Respect they have to the Publick which well becometh every good Subject Nevertheless finding that some few happily out of Ignorance what the Laws and Customs of this Realm are or out of a desire to be eased in their Particulars how General soever their Charge be or ought to be have not yet Paid and Contributed to their several Rates and Sessments that were set upon them And foreseeing in our Princely Wisdom divers Suits and Actions are not unlike to be Commenced and Prosecuted in our several Courts at Westminster We desirous to avoid such Inconveniencies and out of our Princely Love and Affection to all our People being willing to prevent such Errors as any of our Loving Subjects may happen to run into have thought fit in a Case of this Nature to Advise with you our Judges who we doubt not are well Studied and Informed in the Rights of our Sovereignty and because the Tryals of our several Courts by the Formalities in Pleading will require a long Protraction We have thought fit by this Letter directed to you All to require your Judgments in the Case as it is set down in the Inclosed Paper which will not only gain Time but also be of more Authority to over-rule any Prejudicate Opinions of others in the Point Given under Our Signet at Our Court of White-Hall the Second of February in the Twelfth Year of Our Reign 1636. The CASE propounded in the Paper inclosed was thus worded Charles Rex WHen the Good and Safety of the Kingdom in General is concern'd and the whole Kingdom in Danger Whether may not the KING by Writ under the Great Seal of England Command all the Subjects in His Kingdom at their Charge to Provide and Furnish such Number of Ships with Men Victuals and Munition and for such Time as He shall think fit for the Defence and Safe-guard of the Kingdom from such Danger and Peril And by Law compel the Doing thereof in case of Refusal or Refractoriness And Whether in such Case is not the KING the sole Judge both of the Danger and when and how the same is to be prevented and avoided To which the JVDGES delivered their Opinions as followeth May it please Your most Excellent Majesty WE have according to Your Majestie 's Command severally and every Man by himself and All of us together taken into Serious Consideration the Case and Questions Signed by Your Majesty and inclosed in Your Letter And We are of Opinion That when the Good and Safety of the Kingdom in General is Concern'd and the whole Kingdom in Danger Your Majesty may by Writ under the Great Seal of England Command all the Subjects of This Your Kingdom at their Charge to Provide and Furnish such Number of Ships with Men Victuals and Ammunition and for such Time as Your Majesty shall think fit for the Defence and Safe-guard of the Kingdom from such Peril and Danger And that by Law Your Majesty may Compel the Doing thereof in case of Refusal or Refractoriness And we are also of Opinion That in such Case Your Majesty is the sole Judge both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Hum. Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barclay Francis Crawley Richard Weston But it is to be noted That though all the Judges did thus Sign this Answer yet it was not according to all their Opinions for Crook and Hutton dis-assented and declared That such a Charge could not be laid by any such Writ but by Parliament But the Major-Part of the Judges being absolutely Resolved upon that Opinion pressed them to Subscribe likewise with the rest for that the Greater Number must involve and conclude the Less which they said was usual in all Cases of Reference And that the Lesser Number must submit to the Opinion of the More although they varied in Opinion As in the Courts of Law If Three Judges agree in Opinion against One or Two where there is Five Judges Judgment is to be Entred per Curiam if the Major Part agree and the Others are to submit unto it c. These are the very Words of Judge Crook excusing himself for having thus Subscribed See the Arguments on Hampden's Case p. 12. Having thus got the Business back't with the Subscriptions of all the Judges of England the same were Enrolled in all the Courts of Westminster-Hall And now they began to Prosecute briskly all the Defaulters amongst whom the Chiefest was John Hampden of Buckingham-shire Esquire who had upon one of these Ship Writs directed to the Sheriff of that County been Assessed Twenty Shillings for his Lands in Stoke-Mandevil in that County which not being paid was Certified amongst others into the Chancery upon a Writ of Certiorari Dated 9 Martii Anno 12. Car. by a Schedule thereunto annexed and by a Writ of Mittimus Teste 5 Maii 13 Car. transmitted into the Exchequer with a Command there to do for the Leavying of the Sums so Assessed and Unpaid Prout de Jure secundum Legem Regni nostri Angliae suerit faciendum So as of Right and according to the Law of our Kingdom of