Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	bench_n	chief_a	court_n	3,596	5	6.9891	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A04224	The vvorkes of the most high and mightie prince, Iames by the grace of God, King of Great Britaine, France and Ireland, defender of the faith, &c. Published by Iames, Bishop of Winton, and deane of his Maiesties Chappel Royall; Works	James I, King of England, 1566-1625.; Montagu, James, 1568?-1618.; Elstracke, Renold, fl. 1590-1630, engraver.; Pass, Simon van de, 1595?-1647, engraver.	1616 (1616)	STC 14344; ESTC S122229	618,837	614

that must interprete but either cleare Law or solide reason But in Countreys where the formalitie of Law hath no place as in Denmarke which I may trewly report as hauing my selfe beene an eye-witnesse thereof all their State is gouerned onely by a written Law there is no Aduocate or Proctour admitted to plead onely the parties themselues plead their owne cause and then a man stands vp and reads the Law and there is an end for the very Law-booke it selfe is their onely Iudge Happy were all Kingdomes if they could be so But heere curious wits various conceits different actions and varietie of examples breed questions in Law And therefore when you heare the questions if they be plaine there is a plaine way in it selfe if they be such as are not plaine for mens inuentions dayly abound then are you to interprete according to common sense and draw a good and certaine Minor of naturall reason out of the Maior of direct Lawe and thereupon to make a right and trew Conclusion For though the Common Law be a mystery and skill best knowen vnto your selues yet if your interpretation be such as other men which haue Logicke and common sense vnderstand not the reason I will neuer trust such an Interpretation Remember also you are Iudges and not a Iudge and diuided into Benches which sheweth that what you doe that you should doe with aduice and deliberation not hastily and rashly before you well study the case and conferre together debating it duely not giuing single opinions per emendicata suffragia and so to giue your Iudgement as you will answer to God and me Now hauing spoken of your Office in generall I am next to come to the limits wherein you are to bound yourselues which likewise are three First Incroach not vpon the Prerogatiue of the Crowne If there fall out a question that concernes my Prerogatiue or mystery of State deale not with it till you consult with the King or his Councell or both for they are transcendent matters and must not be sliberely caried with ouer-rash wilfulnesse for so may you wound the King through the sides of a priuate person and this I commend vnto your speciall care as some of you of late haue done very well to blunt the sharpe edge and vaine popular humour of some Lawyers at the Barre that thinke they are not eloquent and bold spirited enough except they meddle with the Kings Prerogatiue But doe not you suffer this for certainely if this liberty be suffered the Kings Prerogatiue the Crowne and I shall bee as much wounded by their pleading as if you resolued what they disputed That which concernes the mysterie of the Kings power is not lawfull to be disputed for that is to wade into the weakenesse of Princes and to take away the mysticall reuerence that belongs vnto them that sit in the Throne of God Secondly That you keepe yourselues within your owne Benches not to inuade other Iurisdictions which is vnfit and an vnlawful thing In this I must inlarge my selfe Besides the Courts of Common Law there is the Court of Requests the Admiraltie Court the Court of the President and Councell of Walles the President and Councell of the North High Commission Courts euery Bishop in his owne Court These Courts ought to keepe their owne limits and boundes of their Commission and Instructions according to the ancient Presidents And like as I declare that my pleasure is that euery of these shall keepe their owne limits and boundes So the Courts of Common Lawe are not to encroach vpon them no more then it is my pleasure that they should encroach vpon the Common Law And this is a thing Regall and proper to a King to keepe euery Court within his owne bounds In Westminster Hall there are foure Courts Two that handle causes Ciuill which are the Common-pleas and the Exchequer Two that determine causes Criminall which are the Kings-Bench and the Starre-Chamber where now I sit The Common-Pleas is a part and branch of the Kings-Bench for it was first all one Court and then the Common-Pleas being extracted it was called Common-Pleas because it medled with the Pleas of Priuate persons and that which remained the kings-Kings-Bench The other of the Courts for ciuill Causes is the Exchequer which was ordeined for the Kings Reuenew That is the principall Institution of that Court and ought to be their chiefe studie and as other things come orderly thither by occasion of the former they may be handled and Iustice there administred Keepe you therefore all in your owne bounds and for my part I desire you to giue me no more right in my priuate Prerogatiue then you giue to any Subiect and therein I will be acquiescent As for the absolute Prerogatiue of the Crowne that is no Subiect for the tongue of a Lawyer nor is lawfull to be disputed It is Athiesme and blasphemie to dispute what God can doe good Christians content themselues with his will reuealed in his word so it is presumption and high contempt in a Subiect to dispute what a King can doe or say that a King cannot doe this or that but rest in that which is the Kings reuealed will in his Law The Kings-Bench is the principall Court for criminall causes and in some respects it deales with Ciuill causes Then is there a Chancerie Court this is a Court of Equitie and hath power to deale likewise in Ciuill causes It is called the dispenser of the Kings Conscience following alwayes the intention of Law and Iustice not altering the Law not making that blacke which other Courts made white nor è conuerso But in this it exceeds other Courts mixing Mercie with Iustice where other Courts proceed onely according to the strict rules of Law And where the rigour of the Law in many cases will vndoe a Subiect there the Chancerie tempers the Law with equitie and so mixeth Mercy with Iustice as it preserues men from destruction And thus as before I told you is the Kings Throne established by Mercy and Iustice The Chancerie is vndependant of any other Court and is onely vnder the King There it is written Teste meipso from that Court there is no Appeale And as I am bound in my Conscience to maintaine euery Courts Iurisdiction so especially this and not suffer it to sustaine wrong yet so to maintaine it as to keepe it within the owne limits and free from corruption My Chancellour that now is I found him Keeper of the Seale the same place in substance although I gaue him the Stile of Chancellour and God hath kept him in it till now and I pray God he may hold it long and so I hope he will He will beare mee witnesse I neuer gaue him other warrant then to goe on in his Court according to Presidents warranted by Law in the time of the best gouerning Kings and most learned Chancellours These were the limits I gaue vnto him beyond the same limits he hath promised me he

World euen our Aduersaries as Moses said being Iudges And praysed be GOD the present time passeth a long with the like felicity and much more Securitie for let me recount a little for the Glory of GOD and encouragement of his Maiestie to goe on in his happie Course begunne the Blessings of GOD we receiue by him And then let our Aduersaries tell vs whether we be a miserable People or no as some of late haue gone about to perswade vs. Neither doe J stand in feare of any mans reprehension for J will speake nothing but trewth and I haue my President from GOD his owne Booke wherein the good Actes of euery good King are to their eternall praises trewly recounted First to beginne with Religion as the Generall to the Armie Of all Gods Blessings wee haue it without any alteration or change contynued vnto vs. His Maiesties first Care was for the Confirmation of the Gospell for at his Maiesties first comming in who knowes not the endeauours of men to haue made a change either to the Papists or to the Puritanes His Maiestie therefore to quiet the State and Peace of the Church called a Conference at Hampton-Court where passing ouer the one as being neuer in his heart to giue the least way vnto He so tempered the other as the Harmony hath bene the better euer since The Religion thus ratified His Maiesties next Care was for the Translation of the Bible it being the ground of our Religion His Maiestie was desirous his People should haue it in as much perfection as the Jndustrie and Labors of the best Learned were able to afford it them Hauing done what was necessary for the Spirituall part of the Church his Maiestie tooke into consideration the Temporal State thereof No sooner came the Parliament but finding what spoile had bene made of the Lands thereof in the tyme of his Predecessors by a libertie they had to take the Landes of the Church for a longer Terme then others could doe Cut himselfe off from that libertie and equalled himselfe to a common person in the taking of any State in the Churches Landes When his Maiestie had done this in England he looked backe into Scotland and reforming the State of the Church there as farre as in his Princely-Wisedome he thought conuenient for the time restored the Bishops there as to their Spirituall Keies so to their temporall Estates though it were to the great losse and dammage of his owne Reuennue and Crowne From Scotland his Maiestie came to Ireland that forlorne Kingdome both for Temporall and Spiritual estate till be looked into it There his Maiestie hath reduced the Bishoppricks not only to their old Rents but added vnto them many new Reuennues so that many places there are answerable to the best Liuings here Neither hath his Care bene onely on these high places of the Church but hath descended to the lowest in the same hauing both protected the Benefices from being raysed to any higher Taxe and hindred all courses that might giue his Cleargie molestation or trouble His Maiesties Bountie hath not bene wanting to Colledges and Hospitalls hauing parted with his owne Tenures to giue them power of larger Indowments whereby there hath bene works of more sumptuousnes and cost done in his Maiesties time then there hath bene in any one aage before J may not forget one thing that since his Maiesties comming to this Crowne he hath neuer put into his Coffers the meane proffitts of any Ecclesiasticall liuing but hath bene a Fidus-Depositarius and euer giuen them to the next Jncumbent Let me descend a little from these workes of Piety to Peace Neuer hath there bene so vniuersall a Peace in Christendome since the time of our Sauiour Christ as in these his Dayes And I dare say as much if not more by the procurement of his Maiestie then by any other earthly meanes in this world A Peace to let forraigne partes passe so entertayned at home that in his Maiesties three Kingdomes apt enough by constitution and not vnaccustomed by practise to be at variance there hath bene no Ciuill dissension at all With Peace GOD hath giuen vs Plentie So that if Peace and Plenty haue not made vs too too wanton I know not what wee want Neither is there any crying out for lacke of Iustice in our Courtes for neuer was there Iustice administred with more liberty from the King nor more vprightnes from the Judges And yet in the free dispensation of Iustice Mercie did neuer more triumph If this bee to bee miserable J know not what on earth they call Happinesse GOD continue these still vnto vs and then let them call Happinesse what they please But I know wherefore all is miserable because there is no more Mercy shewed to their Catholiks J will put it as a Crowne vpon all his Maiesties Mercies There was neuer King that had so great a cause giuen him that euer tooke so little bloode extending his Mercy to all that were not personall workers in that Powder-Plot And before that you had hatched that Monster neither was the person or purse of any your reputed Catholicks touched And since that time you may doe well to complaine of your Miseries but the Church and Comonwealth both doe trauaile and groane vnder the burthen of your disobedience But the worst J wish you is that at length by his Maiesties long Patience you may bee drawne to Repentance for as we are come out from you lest we should bee partakers of your plagues so we pray for you that you may come in to vs that you may be participants of our felicities To Conclude this Preface GOD hath giuen vs a Solomon and GOD aboue all things gaue Solomon Wisedome Wisedome brought him peace Peace brought him Riches Riches gaue him Glory His wisedome appeared in his wordes and Workes his Peace he preserued by the power of his Army His riches he raysed as by his Reuennue so by the Trade of his Nauie His Glory did accrue from them all Now as in these GOD exalted him beyond all the Kings that euer were or should be after him So had he in other things Humiliations not farre behind the proportion of his Exaltations the fearefullest fall that the Scripture affords an Example of the most vnchast life and immoderate excesse of Women that we read of the weakest Posterity for Wisedome and Gouernment that we finde in all the Line of his Succession GOD would haue it so that he should no more be set out as a Type of the Glory of his owne Sonne in the felicity of his State one way then he would haue him proposed as a patterne of Humane frailty an other way Therefore though we may not approach him in his Typicall State yet GODS Name be blessed that hath giuen vs to goe farre beyond him in his personall Condition For we haue already blessed be GOD seene the Constancie and perseuerance of his Maiesty in his Holy Profession without any Eclipse or Shaddow of

with a false light which yee doe if ye mistake or mis-vnderstand my Speach and so alter the sence thereof But secondly I pray you beware to soile it with a foule breath and vncleane hands I meane that yee peruert not my words by any corrupt affections turning them to an ill meaning like one who when hee heares the tolling of a Bell fancies to himselfe that it speakes those words which are most in his minde And lastly which is worst of all beware to let it fall or breake for glasse is brittle which ye doe if ye lightly esteeme it and by contemning it conforme not your selues to my perswasions To conclude then As all these three dayes of Iubile haue fallen in the midst of this season of penitence wherein you haue presented your thanks to me and I the like againe to you So doe I wish and hope that the end of this Parliament will bee such as wee may all haue cause both I your Head and yee the Body to ioyne in Eucharisticke Thanks and Praises vnto God for our so good and happie an end A SPEACH IN THE STARRE-CHAMBER THE XX. OF JVNE ANNO 1616. GIVE THY IVDGEMENTS TO THE KING O GOD AND THY RIGHTEOVSNES TO THE KINGS SONNE These be the first words of one of the Psalmes of the Kingly Prophet Dauid whereof the literall sense runnes vpon him and his sonne Salomon and the mysticall sense vpon GOD and CHRIST his eternall Sonne but they are both so wouen together as some parts are and can onely bee properly applied vnto GOD and CHRIST and other parts vnto Dauid and Salomon as this Verse Giue thy Iudgements to the King O God and thy Righteousnesse to the Kings Sonne cannot be properly spoken of any but of Dauid and his sonne because it is said Giue thy Iudgements c. Now God cannot giue to himselfe In another part of the same Psalme where it is said that Righteousnes shall flourish and abundance of Peace as long as the Moone endureth it signifieth eternitie and cannot be properly applied but to GOD and CHRIST But both senses aswell literall as mysticall serue to Kings for imitation and especially to Christian Kings for Kings sit in the Throne of GOD and they themselues are called Gods And therefore all good Kings in their gouernment must imitate GOD and his Christ in being iust and righteous Dauid and Salomon in being godly and wise To be wise is vnderstood able to discerne able to iudge others To be godly is that the fountaine be pure whence the streames proceed for what auailes it though all his workes be godly if they proceed not from godlinesse To bee righteous is to a mans selfe To bee iust is towards others But Iustice in a King auailes not vnlesse it be with a cleane heart for except he bee Righteous aswell as Iust he is no good King and whatsoeuer iustice he doeth except he doeth it for Iustice sake and out of the purenesse of his owne heart neither from priuate ends vaine-glory or any other by-respects of his owne all such Iustice is vnrighteousnesse and no trew Iustice From this imitation of GOD and CHRIST in whose Throne wee sit the gouernment of all Common-wealths and especially Monarchies hath bene from the beginning setled and established Kings are properly Iudges and Iudgement properly belongs to them from GOD for Kings sit in the Throne of GOD and thence all Iudgement is deriued In all well setled Monarchies where Law is established formerly and orderly there Iudgement is deferred from the King to his subordinate Magistrates not that the King takes it from himselfe but giues it vnto them So it comes not to them Priuatiuè but cumulatiuè as the Shoolemen speake The ground is ancient euer sithence that Counsell which Iethro gaue to Moses for after that Moses had gouerned a long time in his owne person the burthen grew so great hauing none to helpe him as his father in law comming to visite him found him so cumbred with ministring of Iustice that neither the people were satisfied nor he well able to performe it Therefore by his aduice Iudges were deputed for easier questions and the greater and more profound were left to Moses And according to this establishment all Kings that haue had a formall gouernement especially Christian Kings in all aages haue gouerned their people though after a diuers maner This Deputation is after one manner in France after another here and euen my owne Kingdomes differ in this point of gouernment for Scotland differs both from France and England herein but all agree in this I speake of such Kingdomes or States where the formalitie of Law hath place that the King that sits in Gods Throne onely deputes subalterne Iudges and he deputes not one but a number for no one subalterne Iudges mouth makes Law and their office is to interprete Law and administer Iustice But as to the number of them the forme of gouernement the maner of interpretation the distinction of Benches the diuersitie of Courts these varie according to the varietie of gouernment and institution of diuers Kings So this ground I lay that the seate of Iudgement is properly Gods and Kings are Gods Vicegerents and by Kings Iudges are deputed vnder them to beare the burden of gouernement according to the first example of Moses by the aduice of Iethro and sithence practised by Dauid and Salomon the wisest Kings that euer were which is in this Psalme so interlaced that as the first verse cannot be applied properly but to Dauid and Salomon in the words Giue thy Iudgements to the King c. So the other place in the same Psalme Righteousnesse shall flourish and abundance of peace shall remaine as long as the Moone endureth properly signifieth the eternitie of CHRIST This I speake to shew what a neere coniunction there is betweene God and the King vpward and the King and his Iudges downewards for the same coniunction that is betweene God and the King vpward the same coniunction is betweene the King and his Iudges downewards As Kings borrow their power from God so Iudges from Kings And as Kings are to accompt to God so Iudges vnto God and Kings and both Kings and Iudges by imitation haue two qualities from God and his Christ and two qualities from Dauid and his Salomon Iudgement and Righteousnesse from God and Christ Godlinesse and Wisedome from Dauid and Salomon And as no King can discharge his accompt to God vnlesse he make conscience not to alter but to declare and establish the will of God So Iudges cannot discharge their accompts to Kings vnlesse they take the like care not to take vpon them to make Law but ioyned together after a deliberate consultation to declare what the Law is For as Kings are subiect vnto Gods Law so they to mans Law It is the Kings Office to protect and settle the trew interpretation of the Law of God within his Dominions And it is the Iudges Office to interprete the

will neuer goe And as he hath promised me to take no other Iurisdiction to himselfe so is it my promise euer to maintaine this Iurisdiction in that Court Therefore I speake this to vindicate that Court from misconceipt and contempt It is the duetie of Iudges to punish those that seeke to depraue the proceedings of any the Kings Courts and not to encourage them any way And I must confesse I thought it an odious and inept speach and it grieued me very much that it should be said in Westminster Hall that a Premunire lay against the Court of the Chancery and Officers there How can the King grant a Premunire against himselfe It was a foolish inept and presumptuous attempt and fitter for the time of some vnworthy King vnderstand mee aright I meane not the Chancerie should exceed his limite but on the other part the King onely is to correct it and none else And therefore I was greatly abused in that attempt For if any was wronged there the complaint should haue come to mee None of you but will confesse you haue a King of reasonable vnderstanding and willing to reforme why then should you spare to complaine to me that being the high way and not goe the other way and backe-way in contempt of our Authoritie And therefore sitting heere in a seat of Iudgement I declare and command that no man hereafter presume to sue a Premunire against the Chancery which I may the more easily doe because no Premunire can bee sued but at my Suit And I may iustly barre my selfe at mine owne pleasure As all inundations come with ouerflowing the bankes and neuer come without great inconuenience and are thought prodigious by Astrologers in things to come So is this ouerflowing the bankes of your Iurisdiction in it selfe inconuenient and may proue prodigious to the State Remember therefore that hereafter you keepe within your limits and Iurisdictions It is a speciall point of my Office to procure and command that amongst Courts there bee a concordance and musicall accord and it is your parts to obey and see this kept And as you are to obserue the ancient Lawes and customes of England so are you to keepe your selues within the bound of direct Law or Presidents and of those not euery snatched President carped now here now there as it were running by the way but such as haue neuer beene controuerted but by the contrary approued by common vsage in times of best Kings and by most learned Iudges The Starre-Chamber Court hath bene likewise shaken of late and the last yeere it had receiued a sore blow if it had not bene assisted and caried by a few voyces The very name of Starre-Chamber seemeth to procure a reuerence to the Court. I will not play the Criticke to descant on the name It hath a name from heauen a Starre placed in it and a Starre is a glorious creature and seated in a glorious place next vnto the Angels The Starre-Chamber is also glorious in substance for in the composition it is of foure sorts of persons The first two are Priuie Counsellours and Iudges the one by wisedome in matters of State the other by learning in matters of Law to direct and order all things both according to Law and State The other two sorts are Peeres of the Realme and Bishops The Peeres are there by reason of their greatnesse to giue authority to that Court The Bishops because of their learning in Diuinitie and the interest they haue in the good gouernment of the Church And so both the learning of both Diuine and humane Law and experience and practise in Gouernment are conioyned together in the proceedings of this Court There is no Kingdome but hath a Court of Equitie either by it selfe as is heere in England or else mixed and incorporate in their Office that are Iudges in the Law as it is in Scotland But the order of England is much more perfect where they are diuided And as in case of Equitie where the Law determines not clearely there the Chancerie doeth determine hauing Equitie belonging to it which doeth belong to no other Court So the Starre-Chamber hath that belonging to it which belongs to no other Court For in this Court Attempts are punishable where other Courts punish onely facts And also where the Law punisheth facts easily as in case of Riots or Combates there the Starre-Chamber punisheth in a higher degree And also all combinations of practises and conspiracies And if the King be dishonoured or contemned in his Prerogatiue it belongeth most properly to the Peeres and Iudges of this Court to punish it So then this Court being instituted for so great causes it is great reason it should haue great honour Remember now how I haue taught you brotherly loue one toward another For you know well that as you are Iudges you are all brethren and your Courts are sisters I pray you therefore labour to keepe that sweete harmonie which is amongst those sisters the Muses What greater miserie can there bee to the Law then contempt of the Law and what readier way to contempt then when questions come what shall bee determined in this Court and what in that Whereupon two euils doe arise The one that men come not now to Courts of iustice to heare matters of right pleaded and Decrees giuen accordingly but onely out of a curiositie to heare questions of the Iurisdictions of Courts disputed and to see the euent what Court is like to preuaile aboue the other And the other is that the Pleas are turned from Court to Court in an endlesse circular motion as vpon Ixions wheele And this was the reason why I found iust fault with that multitude of Prohibitions For when a poore Minister had with long labour and great expence of charge and time gotten a sentence for his Tithes then comes a Prohibition and turnes him round from Court to Court and so makes his cause immortall and endlesse for by this vncertaintie of Iurisdiction amongst Courts causes are scourged from Court to Court and this makes the fruit of Suits like Tantalus fruite still neere the Suiters lips but can neuer come to taste it And this in deed is a great delay of Iustice and makes causes endlesse Therefore the onely way to auoyd this is for you to keepe your owne bounds and nourish not the people in contempt of other Courts but teach them reuerence to Courts in your publique speaches both in your Benches and in your Circuits so shall you bring them to a reuerence both of GOD and of the King Keepe therefore your owne limits towards the King towards other Courts and towards other Lawes bounding your selues within your owne Law and make not new Law Remember as I said before that you are Iudges to declare and not to make Law For when you make a Decree neuer heard of before you are Law-giuers and not Lawtellers I haue laboured to gather some Articles like an Index expurgatorius of nouelties new