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	common_a	king_n	3,582	5	3.6483	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61839	Episcopacy (as established by law in England) not prejudicial to regal power a treatise written in the time of the Long Parliament, by the special command of the late King / and now published by ... Robert Sanderson ...	Sanderson, Robert, 1587-1663.	1661 (1661)	Wing S599; ESTC R1745	38,560	153

bring down the Regal Power and set up their own 3. That upon these very grounds the custome was altered by Act of Parliament and a Statute made 1. Ewd. VI. howsoever since repealed and discontinued that all Processes Ecclesiastical should be made in the Kings name and not in the Bishops V. As to the first point true it is that the manner used by the Bishops in the Ecclesiastical Courts viz. in issuing out Summons Citations Processes giving Iudgments c. in their own names and not in the Kings is different from the manner used in the Kings Bench Exchequer Chancery and sundry other Courts But that difference neither doth of necessity import an independency of the Ecclesiastical Courts upon the King nor did in all probability arise at the beginning from the opinion of any such independency nor ought in reason to be construed as a disacknowledgement of the Kings authority and Supremacy Ecclesiastical For VI. First there is between such Courts as are the Kings own immediate Courts and such Courts as are not a great difference in this point Of the former sort are especially the Kings Bench and Chancery as also the Court of Common Pleas Exchequer Iustices of Goal-delivery c. In the Kings Bench the Kings themselves in former times have often personally sate whence it came to have the name of the Kings Bench neither was it tyed to any particular place but followed the Kings Person At this day also all Writs returnable there run in this style Coram nobis and not as in some other Courts coram Iustitiariis nostris or the like and all judicial Records there are styled and the Pleas there holden entred Coram Rege and not coram Iustitiariis Domini Regis Appeals also are made from inferiour Iudges in other Courts to the King in Chancery because in the construction of the Lawes the Kings Personal Power and Presence is supposed to be there and therefore Sub-poena's granted out of that Court and all matters of Record passed there run in the same style Coram Rege c. Forasmuch as in the Iudges in these two Courts there is a more immediate representation of the Kings Personal power and presence then in the Iudges of those other Courts of Common Pleas Exchequer c. Which yet by reason of his immediate virtual power and presence are the Kings immediate Courts too In regard of which his immediate virtual power although the style of the Writs and Records there be not Coram nobis Coram Rege as in the former but onely Coram Iustitiariis Coram Baronibus nostris c. yet inasmuch as the Iudges in those Courts are the Kings immediate sworn Ministers to execute justice and to do equal right to all the Kings people in his name therefore all Processes Pleas Acts and Iudgements are made and done in those Courts as well as in the two former in the Kings name But in such Courts as do not suppose any such immediate Representation or presence of the Kings either personal or virtual Power as that thereby they may be holden and taken to be the Kings own immediate Courts the case is far otherwise For neither are the Iudges in those Courts sworn the Kings Iudges to administer Justice and do right to the Kings subjects in his name and stead nor do they take upon them the authority to cite any person or to give any sentence or to do any act of Jurisdiction in the Kings name having never been by him authorized so to do Of this sort are amongst others best known to them that are skilled in the Laws of this Realm all Courts-Baron held by the Lord of a Manner Customary Courts of Copyholders c and such Courts as are held by the Kings grant by Charter to some Corporation as to a City Borough or Vniversity or els by long usage and prescription of time In all which Courts and if there be any other of like nature Summons are issued out and Iudgements given and all other Acts and Proceedings made and done in the name of such persons as have chief authority in the said Courts and not in the name of the King So as the styles run thus A. B. Major civitatis Ebor. N. M. Cancellarius Vniversitatis Oxon. and the like and not Carolus Dei gratia c. VII Upon this ground it is that our Lawyers tell us out of Bracton that in case of Bastardy to be certified by the Bishop no inferiour Court as London Yorke Norwich or any other Incorporation can write to the Bishop to require him to certify but any of the Kings Courts at Westminister as Common Pleas Kings Bench c. may write to him to certify in that case The reason is Because Nullus alius praeter Regem potest Episcopo demandare inquisitionem faciendam Which maketh it plain that the Kings immediate powe either personal or virtual is by the Law supposed to be present in Courts of the one sort not of the other the one sort being his own immediate Courts and the other not VIII Now that the Ecclesiastical Courts wherein the Bishops exercise their Jurisdiction are of the latter sort I doubt not but our Law-books will afford plenty of arguments to prove it beyond all possibility of contradiction or cavil Which being little versed in those studies I leave for them to find out who have leisure to search the books and do better understand the nature constitution differences and bounds of the several Courts within this Realm One argument there is very obvious to every understanding which because I shall have fit occasion a little after to declare I will not now any longer insist upon taken from the nature of the Iurisdiction of these Courts so far distant from the Iurisdiction appertaining to those other Courts that these are notoriously separated and in Common and vulgar speach distinguished from all other by the peculiar name and appellation of the Spiritual Courts But another Argument which those books have suggested I am the more willing here to produce for that it not only sufficiently proveth the matter now in hand but is also very needful to be better known abroad in the world then it is for the removing of a very unjust censure which meerly for want of the knowledge of the true cause hath been laid upon the Bishops in one particular to their great wrong and prejudice It hath been much talked on not only by the Common sort of people but by some persons also of better rank and understanding and imputed to the Bishops as an act of very high insolency that in their Processes Patents Commissions Licences and other Instruments whereunto their Episcopal Seale is affixed so oft as they have occasion to mention themselves the Style runneth ever more in the Plural number Nos G. Cantuar-Archiepiscopus Coram nobis Salvo nobis c. just as it doth in his Majesties Letters Patents and Commissions thereby shewing themselves say they as if they were his