Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	appear_v	day_n	great_a	2,710	5	3.1342	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63179	[The tryal of John Hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the Sessions-House in the Old-Bayly, London ... 30th of December, 1685 ...]	Hampden, John, 1656?-1696.; England and Wales. Court of King's Bench.	1685 (1685)	Wing T2193; ESTC R4697	75,252	56

piece of Artifice designed to patch up a testimony to evade a proof So that the Argument will turn the other way and 't is more for the advantage of these worthy Gentlemen that it should be turned the other way for otherwise they would be thought to be Persons ill-affected to the Government that is Dr. Burnet my Lord Paget my Lord Clare and the rest And if they have a mind to be thought otherwise they must let the Argument run that way as I say and in Charity we ought to believe the best of all mankind till we find otherwise by them We say then in Charity We suppose He thought it not fit to intrust you with his Confessions for you are all Loyal Men I know 't is the best Answer that can be given and that which they ought to value themselves upon for their own credit and reputation and not to make it an Argument against my Lord Howard or against the credibility of his testimony in the metter I don't know truly Gentlemen That I have omitted any one thing that is material on the one side or on the other of which there hath been any proof but I must onely repeat to you this Here is a matter of great concern and Consequence a matter wherein the peace of the Government and the Kingdom is concerned in a very high degree a matter that if there were another Witness as positive against the Defendant as my Lord Howard would amount to no less than High Treason But as there is but one Witness backed with these Circumstances to corroborate his testimony 't is but onely a Trespass but I tell you it treads very nigh upon High Treason and the tendency of it was to bring us all into Confusion and what would be the consequence of that but to lay us open to the same mischiefs that we were under in the times of the late Rebellion For though Men pretend never so fair and vail it under the names of the Security of the Government and the Protestant Religion yet they would have done well to have tarried till they had a legal Authority to call them to consult of these High matters that they pretend to secure that had been well What had these Gentlemen to do to take upon themselves this Power without Authority Gentlemen You have heard the Evidence and you see what it is And I must say in the late Evidences you have had concerning another business of this nature I wish that might be said to preserve and support the Credit of some Persons upon whose testimonies Lives have been taken away as has been said and is evident for the advantage of my Lord Howard I do not find that he has been guilty of Perjury as being concerned in taking Oaths one way and then giving Evidence another I mean first taking Oaths of Secresie and then revealing not but that notwithstanding all this They may be believed and God forbid but they should be believed according to truth But I say if Objections of this nature are to prevail we must never expect any great Crime to be punished because we must stay till Persons that are strangers to the guilt of the Fact come to give Evidence of it which is impossible to be done Therefore Gentlemen I must resolve it all into one Head You have the Case of a Gentleman of Quality on the one side and the peace and preservation of the Government on the other side You hear what is proved against him the Evidence given on his behalf the Objections that have been made by the Counsel which all of them as near as I can remember I have repeated to you and I ask your pardon and theirs if I have omitted any thing and I desire to be minded of it You hear the Answers that have been given And because the Counsel were unwilling to give the Court trouble or themselves to make long Speeches and Observations Therefore I have been necessitated to do it as well I can Upon the whole matter My Lord Howard has thus positively sworn the matter of Fact charged in the Indictment against the Defendant he has been supported by the Witnesses that confirm the circumstances of Smith's going into Scotland the Scotch-Men's being here in June and the Sham and Cant. of Carolina All which you have heard and I make no question observed and is not contradicted by any thing I hear that carries any probability of an Answer Therefore Gentlemen I leave it to you whether upon this Evidence you will take it upon your Consciences and Oaths That my Lord Howard is Guilty of wilful and corrupt Perjury Then you must find the Defendant not Guilty But if you think he has proved the matter fully and his testimony is supported by those four Witnesses Atterbury Sir Andrew Foster Sheriff and Bale Then Gentlemen you must find the Defendant Guilty Juriman My Lord We desire to ask one Question At the meeting at Mr. Hamden's House I think my Lord Howard says they went to Dinner Mr. Just Holloway No it was at Coll. Sidney's they went to Dinner L. C. J. I know not whether you have taken notice of it but I have it was at Coll. Sidney's they dined not at Mr. Hambden's Then the Jury withdrew from the Bar and within half an Hour the Jury returned and being called over answered to their Names and gave in their Verdict thus Cl. of Crown Are you all agreed of your Verdict Omnes Yes Cl. of Cr. Who shall say for you Omnes Foreman Cl. of Cr. How say you Is the Defendant guilty of the Trespass and Misdemeanor whereof he is impeached or not guilty Foreman Guilty Which Verdict being recorded the Court rose Martis 12. Februarii An. 1683. B. R. L. C. J. Mr. Attorney Have you any thing to move Mr. At. Gen. I pray your Judgment against Mr. Hambden my Lord who was convicted the other day of a great Misdemeanor L. C. J. Let Mr. Hambden come into the Court then which he did Mr. At. Gen. My Lord I need not aggravate the hainousness of the Offence for it appears both by the Information and upon the Evidence to be beyond all Aggravation wherefore I shall onely pray your Judgment for the King That you would please to set a good Fine upon him and that he find Sureties for his good behaviour during his Life Mr. Williams May it please your Lordship I am of Counsel for Mr. Hambden L. C. J. Are the Rules out in this Cause Mr. Williams Yes my Lord they are out L. C. J. Well then what say you for Mr. Hambden Mr. Williams Mr. Hambden does attend here according to the Condition of his Recognizance and since Mr. Attorney hath prayed your Judgment I shall not stir any thing as to the Indictment or the Verdict but all I have to say for him is this Mr. Hambden is but Heir apparent his Father is alive and so though he has the prospect of a good Estate yet he has but

little at present in possession Your Lordship knows what Magna Charta says That there should be a Salvo Contenemento in all Fines and how far that may be an ingredient into your Lordships Judgment I leave to your Consideration L. C. J. For that matter I cannot tell what his Estate is I have no knowledg of him nor of his Estate whether it be great or small but Mr. Williams knows very well That the Crime in Conscience as well as Law in case it had been proved by two Witnesses would not only have wrought a forfeiture of all his Estate but a forfeiture of his Life too and all his reputation would have bastardized his Children would have attainted and corrupted his bloud So that there is no sort of imagination but that the Crime was High enough of Conscience and certainly deserves if we can impose it adequate to its desert a very great punishment Mr. Hambden nor his Counsel can deny but that they had a fair and a full hearing They had the liberty to say and prove all that they could and you cannot but say Mr. Attorney was very fair in making several Concessions that he might very lawfully and rightly insisted upon So that there can be no Exception of that kind I am sorry That Mr. Hambden a Gentleman of good Quality as he is by Birth though he be a Person I never saw before he came here the last day of the last Term upon his Habeas Corpus that I know of I say I am sorry one of his Quality and Education a studious Person as it seems by his own natural inclination and a learned Man should be so unhappily engaged in a design of this horridly evil nature But on the one side as well as we must take care of the Subject so on the other we must take care of the Government Here was a design of destroying the King and subverting the Government and bringing all into confusion Of this Design the Defendant is convicted and we must take care to proportion the punishment and according to our Consciences and Oaths and as we ought to have regard to the Offender so also we are to have regard to the Government that he has offended Mr. J. Wythens Mr. Williams It was Amercements that were spoken of there in Magna Charta L. C. J. Ay It was never meant of Fines for great Offences Then the Judges consulted together Mr. J. Wythens Mr. Hambden You know you are convicted of a very great Offence as great an Offence as can be I think committed unless it were High Treason For the matter of it would have made you Guilty if there had been two Witnesses It was for conspiring to levy War against His Majesty and for conspiring to raise an Insurrection and Rebellion within the Kingdom a Conspiracy of which some other Persons being lawfully convicted they have suffered death for it You are a Person of an extraordinary good Family and I am sorry one of your Family that has flourished so long and through so many Generations in great honour and reputation and great prosperity under the Monarchy of England should come to conspire to deprive that King of his Government whose Ancestors have protected and defended your Family and to spoil that Monarchy that has been the fountain of so much prosperity and honour to it I am sorry it comes to my turn to pronounce the Sentence of the Court upon you Mr. Hambden I have not any personal knowledg of you but I have heard of you and heard heretofore very well of you You have had a good Education and the Report of a learned and ingenuous Person which makes me yet wonder the more that you should engage in such a horrid Design as this was Indeed Mr. Hambden I am satisfied no Fine can be too great if any can be great enough for such an Offence We cannot take cognizance what your Estate is 't is reported there is a great Estate in your Family it has been always represented to be so Mr. Hambden I have nothing but for life and that is but little neither Mr. J. Wythens I know not what it is truly Sir But it was always reported to me to be a very great Estate but whatsoever it is we are to look after the proportioning the Punishment as near as we can to the Offence My Lord and the Court have considered of the matter and they think fit to give this Judgment upon you They set the Fine of Forty Thousand Pounds upon you to be paid to the King and you must be committed till you pay it L. C. J. And that you find Sureties for your good behaviour during your Life Mr. Att. Gen. I pray he may be committed for his Fine L. C. J. Let it be so Mr. Hambden If you will apply your self to the King you may and there perhaps you may find mercy we must according to the duty of our Places and Oaths give such Judgment as the Law requires Mr. Just Withins Ay In God's Name You are in the King's hands and he may do what he pleases in it L. C. J. If a Crime of this nature should have a little punishment it might encourage Offenders and if we were to judg according to some Verdicts that have been given here for less Offences where Gentlemen have given very much greater damages than thi● Fine amounts to this would be thought a moderate Fine I am sorry any Man should bring himself into these Circumstances The King as he is the Fountain of Justice so he is also of Mercy and you and all the rest of his Subjects have cause to bless God that you live under a Monarch that is very merciful No doubt If you give a good account of your Contrition and sorrow for your great Offence and decently apply your self to the King he will think of shewing mercy to you but Justice is our Work that are Judges and according to the methods of Justice we think we cannot inflict less than we have done Mr. Williams My Lord I pray his Bail may be discharged L. C. J. Ay his Bail is discharged he being committed Mr. Williams And for the High Treason he is discharged by the Habeas Corpus Act. L. C. J. Yes he is so for there is no Prosecution Then Mr. Hambden was carried by the Marshal away Prisoner FINIS Then the Dr. was sworn and the Oath repeated to him by Sir H. H. in French Then Doctor Needham was sworn