Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	act_n	king_n	parliament_n	4,725	5	6.6957	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54862	A vindication of the King's sovereign rights together with A justification of his royal exercises thereof, in all causes, and over all persons ecclesiastical (as well as by consequence) over all ecclesiastical bodies corporate, and cathedrals, more particularly applyed to the King's free chappel and church of Sarum, upon occasion of the Dean of Sarum's narrative and collections, made by the order and command of the most noble and most honourable, the lords commissioners, appointed by the King's Majesty for ecclesiastical promotions : by way of reply unto the answer of the Lord Bishop of Sarum, presented to the aforesaid most honourable Lords.	Pierce, Thomas, 1622-1691.; Burnet, Gilbert, 1643-1715.	1683 (1683)	Wing P2208; ESTC R31798	74,935	137

which might excuse his Sin a Tanto Much more might they have done whilst the Dean was yet Living if such an Incroachment had been attempted Besides it was against the Imperial Crown of this Realm by being against the Decanal Jurisdiction which is for ever and inseparably thereto annexed and granted unto the Dean under the Great Seal of England § II. Next it was against the Common and Statute Law of the Land Against the first because the King's Prerogative is Law and the Principal part of the Common Law as that from which our Statute Laws are derived and 't is a Principle with my Lord Coke The Common Law disallows Acts done to the prejudice of any Subject of this Realm much more of the Sovereign by any Foreign Power out of the Realm as things not Authentick Such was the Power of Boniface the Ninth meerly Foreign and Prohibited as such by several Statutes then in force and ever since Against the second because there were ab Antiquo before the Petition made to the Pope by the then Bishop Dean and Chapter for the Papal Confirmation of the Conspiracy aforesaid Acts of Parliament in force against Appealing to or Petitioning the Bishop of Rome or any other foreign Power either for Grants or Confirmations of any Acts or Combinations or Associations whatsoever within these Realms and therefore one Abbot Moris in the 46 of Ed. 3. incurr'd the Pain of Praemunire for sending to Rome to be confirmed by the Pope in his Election to his Abby which the Pope forsooth gave him of his Spiritual Grace and at the Request of the King of England as he fictitiously pretended The Bull was considered of in Council before all the Judges of England and by them All it was resolved that this Bull of the Pope was against the Laws of England and that the Abbot for obtaining it was faln into the King's Mercy whereupon All his Possessions were seiz'd into the King's Hands The same Penalty was deserved by them who made the Composition we are upon and petitioned the Pope for his Confirmation And though 't is pretended to have been done at Rich. 2. his Intercession yet it is but pretended according to the Usual Trick the Practise and Policy of the Popes to feign Requests from the Kings of England who scorned to make them as they did often pretend to Give what they could not deny or durst not offer to withold and knew they had not either a Right to confer or a Power to hinder Choice Examples of which are given by the Learned and Reverend Archdeacon Fullwood in his Subversion of the Romanists Pleas for the Pope's Supremacy in England and though Rich. 2. was so incomparably careless of his every thing that was his even to his Kingdom Crown and Dignity which brought upon him his Deposition as Historians are wont to call it And although such an Act of Intercession to the Pope as is pretended had had an absolute Nullity in it self had it been True yet hardly any man can believe it who shall consider the Statute made in the same Kings Time against all Papal Usurpations which to own and to use as things of Right is to incur a Praemunire Besides that Rich. 2. had acted against other Parliaments also as well as against his own and against his Declaration in case he had done as is pretended But that the Trick I now mentioned was often used by the Popes we cannot prove by a better Testimony than that of the most Learned and most sincere Padre Paul who speaking of the Times of Paul the Fourth in giving that to Queen Mary which was her own long before and inherited from her Father King Hen. 8. concludes with this signal Observation Cosi spesso i Papi hanno donato quello che non hanno potuto levare a possessori questi per suggire le contentioni parte hanno ricevuto le Cose proprie in dono parte hanno dissimulate di saper ' il dono la pretensione del Donatore Add to all this that the said Conspiracy was expresly against Magna Charta by which the Deans and Chapters Liberties Exemptions and Jurisdictions were confirmed and secured and that by no fewer than 32 Acts of Parliament And Magna Charta is not only a Statute Law as old as since the 17th year of King Iohn though made more full and with more Solemnity in the 9th Year of Hen. 3. But moreover by the Act of 25 Ed. 1. 't was adjudged in Parliament to be taken and held as The Common Law They are the Words of Chief Iustice Coke in the Preface to his Comment on Magna Charta In a word The Application made to the Pope at that Time against the Laws of this Realm was a strong proof of its Corruption For 't was the Observation of the most wise Padre Paolo that None went to Rome out of Devotion but only out of some Design against the Canons and Customs of the Church which being unable to get approved in their own Country they fled to Rome where Dispensations were vendible for every thing and the Avarice or Ambition covered over with an Apostolical Dispensation or Confirmation So he in his Treatise of the Almes of the Faithful in the Primitive Church § III. Thirdly The foresaid Composition was even knowingly and professedly against The great Fundamental Statute commonly called in our Books Magna Charta Osmundi of the Subordinate Founder Osmund and by a Consequence unavoidable against the Sovereign Founder also whose Royal Seal alone was affixed to it That 't was against the said Charter and Fundamental Statute and against the Exemption of the Dean and Canons and all Inferior Members also belonging to the Kings Free Chappel which any man may deny whose Tongue is his own but no Man living can disprove hath already been evinced and shall be further as Occasion shall be offered But that 't was knowingly and professedly against the same is moreover to be proved from the Conclusion of the Conspiracy For as there is a Contradiction to the Fundamental Statute and Charter both Legal and Episcopal fol. 76. so in the next page of that Leaf there are these bold and unexcusable Words Non obstante Statuto Chartapraedicta The King himself in Parliament could not have spoken in a more Imperial strain Archbishop Boniface on the contrary A. D. 1262. had most tenderly provided for the Liberties of all in the Church of Sarum according to the Tenor of Osmund's Statute though he was in all his time the most assuming Archbishop of Canterbury even from that to this day Whereas in the Conspiracy of the aforesaid Pope Boniface with the then Bishop Dean and Chapters there is this aggravation of the astonishing design against the King that it hath a special Salvo for the Popes and his Cardinals and the Dean of Sarums Rights but none at all for the Kings Yea as if that were not enough to

made so bold with my Master's Enemies and mine own as to be dutifully Loyal without their Leave I was loth to ask of them by whom I was sure to be denied And did Presume I might as pardonably assert the King's and the Churches Rights now that the King is on His Throne and the Church less Militant as I did safely and with Success before the Great Year of their Restauration Sect. 1. First I was of an Opinion before I had it from a most excellent and most Noble Lord Commissioner That 't is the Duty of every Subject and especially of the King's Chaplains to discover all they know of His Majesties Prerogative tho' not Commanded by Authority as I had been Which saying of a Judicious and a most Honourable Lord in the Council Chamber and elsewhere is agreeable to another of two Lord Chancellors in their times whereof the first was the Lord Bacon from whom 't was borrowed by the Second who used it in his Speech to Sir Edward Thurland when made a Baron of the Exchequer To wit That the Subjects of England in General as well as the Iudges in particular and particularly the Judges of Ecclesiastical Courts such as is the Dean of Sarum are bound to maintain the Prerogative and not distinguish it from the Law The King's Prerogative being Law and in the words of Chief Justice Coke The Principal part of the Common Law as That from which all other Laws are derived and on which they do depend With these I compared that famous Saying of a full Parliament which I found cited by my Lord Coke too That no King or Kingdom can be safe but where the King has Three Abilities 1. To live of his own and defend his Kingdom 2. To assist his Confederates and 3 To reward his deserving Subjects From whence I thought it would follow that to take from the great Number of Ecclesiastical Promotions in the Kings Gift is to act against the safety of King and Kingdom 'T is reckoned one of those things which even a King cannot do Lawfully and which a Parliament cannot consent to Besides I thought it most unworthy that he who had not been afraid in the worst of Times and without a Warrant and under none but God's Protection to defend the King 's Rights and the whole Church of England by many Arguments in Print when some New Royalists durst not join in a Petition for the Kings wished Return for fear as they then said of setting their Hands to their own Ruine as having reason to suspect the Restauration would be General that All Usurpers must be Ejected and all Ejected for their Loyalty would have their own which passed with some for an heavy Iudgement should now descend unto the Meanness of hiding himself behind Another and behind such another as he knew to be Unqualified for such service as I was irrationally suspected and most maliciously reported to have engaged Another in No the Pretenders to that Suspicion and the Inventers of that Report did only design by such Baseness to lessen the merit of my Obedience to the Lords Commissioners Injunction and of my Dutiful Regard to the King himself towards whose Service it was my fault as 't is my Apology and Excuse with a sort of men that I did not go till I was sent nor mend my Pace till I was driven Sect. 2. Next I had learned by my perusal of Keble's Statutes at large and of Chief Justice Coke's Institutes to name no more in this Place That the Gift of all Bishopricks and Nomination of Bishops did ever belong to our Monarchs both before and since the Conquest as in Right of the Crown My Lord Coke gives the Reason from this trite Maxime in the Law That all our Archbishopricks and Bishopricks were and are of the King's Foundation That at first they were therefore all meerly Donative meerly by the Delivery of a Staff and a Ring Never Elective till King Iohn who Reigned not without the Murdering of Arthur of Britain the Rightful Heir That it was again taken away by Hen. 8. and Ed. 6. in whose Reigns all the Bishops were required to take out New Commissions for their Bishopricks and so to hold them onely as Delegates in the King's Name and not for Life Absolute but During Pleasure And Archbishop Cranmer gave an Example to the Rest. That Elections by Deans and Chapters are declared by Law to be No Elections but by a writ of Conge d' Eslire have only Colours and Shadows or Pretenses of Elections serving to no Purpose and seeming derogatory and Prejudicial to the King's Prerogative Royal c. That Bishop Bonner declared under his hand He held his Bishoprick of London of the King's Bounty alone during the King's Pleasure only and that he would again deliver it up when it should please the King to call for it That all the Temporalities of Archbishopricks and Bishopricks in all Uacancies which our Kings made when it pleased them ever came to the King as Founder He being Patronus and Protector Ecclesiae in so high a Prerogative incident to his Crown that he cannot part with it no Subject can have claim to it either by Grant or by Prescription That the Lands of the Church were all at first given by gracious Princes as may appear from the first Book of Iustinian's Code where Laws are recorded for the conferring and also for the Conserving of them Which is also the Affirmation of the most excellent Paulus Sarpius That if the King and a Common Person have joyned in a Foundation the King is the Founder because it is an Entire Thing For the Truth of which Maxime that renowed Judge cited 44 Ed. 3. c. 24. from when I inferred within myself that King Hen. 8. rather than Wolsey was Founder of Christ Church in Oxford tho' its well enough known that Wolsey was a Co-Founder Or Founder Subordinate to the Supreme So William the Conqueror rather than Osmund was the Supreme and Sovereign Founder of the Cathedral Church of Old Sarum tho' by the King's Bounty as well as Leave St. Osmund built and greatly indow'd it with such Revenues as he held of his Lord and Master during Pleasure and by Knights Service For the Conqueror's Soldiers whereof Osmund of Say was one held all the Lands which he gave them under military Service not as properly Freeholders but as Lords in Trust only and according to the King's Pleasure thereby hoping to engage them to a close Dependance upon the Crown as the learned Selden relates of Matthew Paris and his learned Annotator does give the Reason I do not say our Monarchs have had the same Power ever since but the same Right by Law which ever any King had Nor do I say they have a Right to any Saecular Possessions whereof the Subject hath a Feesimple But a Right to confer on Ecclesiastical Persons such Ecclesiastical Dignities and Revenues as