Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	king_n	parliament_n	3,211	5	6.4984	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41310	Political discourses of Sir Robert Filmer, Baronet, viz. Patriarcha, or the natural power of Kings. The free-holders Grand-inquest. Observations upon Aristotles politicks. Directions for obedience to government. Also observations upon Mr. Hobbs's Leviathan. Mr. Milton against Salmatius. Hugo Grotius de Jure Belli & Pacis. Mr. Hunton's treatise on Monarchy. With an advertisement to the Jurymen of England touching witches; Patriarcha.	Filmer, Robert, Sir, d. 1653.	1680 (1680)	Wing F925; ESTC R215623	53,592	159

had not been to hear their Voice in all things but rather when they asked an Egge to have given them a Scorpion Unless we will say that all Nations had Tyrant● Besides we do not find in all Scripture that Saul was Punished or so much a● Blamed for committing any of tho●● Acts which Samuel describes and if S●muel's drift had been only to terrifie th● People he would not have forgott● to foretell Saul's bloody Cruelty ●● Murthering 85 innocent Priests a● smiteing with the Edge of the Swo● the City of Nob both Man Woman and Child Again the Israelites ne● shrank at these Conditions proposed b● Samuel but accepted of them as such ●● all other Nations were bound u●● For their Conclusion is Nay but we ●● have a King over Us that We also may ●● like all the Nations and that Our K●●● may Judge us and go out before us to ●● our Battels Meaning he should ●● his Privileges by doing the work ●● them by Judging them and Fighting for them Lastly Whereas the mention of the Peoples Crying unto the Lord argues they should be under some Tyrannical Oppression we may remember that the Peoples Complaints and Cries are not always an Argument ●f their Living under a Tyrant No man can say King Solomon was a Tyrant yet all the Congregation of Israel complain'd that Solomon made their Yoke grievous and therefore their Prayer to ●ehoboam is Make thou the grievous Ser●ice of thy Father Solomon and his hea●y Yoke which he put upon us lighter and ●e will serve thee To conclude it is ●rue Saul lost his Kingdom but not ●or being too Cruel or Tyrannical to his ●ubjects but by being too Merciful to ●is Enemies his sparing Agag when he ●hould have slain him was the Cause why the Kingdom was torn from him 3. If any desire the direction of the New Testament he may find our Saviour limiting and distinguishing Royal ●ower By giving to Caesar those things ●at were Caesar 's and to God those things that were God's Obediendum est in quibus mandatum Dei non impeditur We must obey where the Commandment of God is not hindred there is no other Law but Gods Law to hinder our Obedience It was the Answer of a Christian to the Emperour We only worship God in other things we gladly serve you And it seems Tertullian thought whatsoever was not God's was the Emperours when he saith Bene opposuit Caesari pecuniam te ipsum Deo alioqui quid erit Deisi omnia Caesaris Our Saviour hath well apportioned our Money for Coesar and our selves for God for otherwise what shall God's share be if all be Coesar's The Fathers mention no Reservation of any Power to the Laws of the Land or to the People S. Ambrose in his Apologie for David expresly saith He was a King and therefore bound to no Laws because Kings are free from the Bonds of any Fault S. Augustine also resolves Imperator non est subjectus Leg● bus qui habet in potestate alias Leges ferr● The Emperour is not subject to Laws who hath Power to make other Laws For indeed it is the Rule of Solomon that We must keep the King's Commandment and not to say What dost Thou because Where the Word of a King is there is Power and All that he pleaseth he will do If any mislike this Divinity in England let him but hearken to Bracton Chief Justice in Henry the Third's days which was since the Institution of Parliaments his words are speaking of the ●ing Omnes sub Eo Ipse sub nullo ●●si tantum sub Deo c. All are under ●m and he under none but God on●● If he offend since no Writ can go ●ainst him their Remedy is by Peti●ning him to amend his Fault which he shall not do it will be Punishment sufficient for him to expect God as Revenger Let none presume to Search to his Deeds much less to Oppose ●●em When the Jews asked our Blessed Sa●ur whether they should pay Tri●e he did not first demand what the ●w of the Land was or whether there ●● any Statute against it nor enquired ●ether the Tribute were given by ●●nsent of the people nor advised ●● to stay their payment till they should grant it he did no more but look upon the Superscription and concluded This Image you say is Caesar's therefore give it to Caesar Nor must it here be said that Christ taught this Lesson only to the conquered Jews for in this he gave direction for all Nations who are bound as much in Obedience to their Lawful Kings as to any Conquerour or Usurper whatsoever Whereas being subject to the Higher Powers some have strained these word to signifie the Laws of the Land or else to mean the Highest Power as well Aristocratical and Democratical as Regal It seems S. Paul looked for such Interpretation and therefore thought fit to be his own Expositor and to let it be known that by Power he understood Monarch that carryed a Sword Wi●● thou not be afraid of the Power that i● the Ruler that carryeth the Sword fo● he is the Minister of God to thee ●● he beareth not the Sword in vain It not the Law that is the Minister of God or that carries the Sword but the R●ler or Magistrate so they that say th●● Law governs the Kingdom may as we●● say that the Carpenters Rule builds an House and not the Carpenter for the Law is but the Rule or Instrument of the Ruler And S. Paul concludes for this cause pay you tribute also for they are Gods Ministers attending continually upon this very thing Render therefore Tribute to whom Tribute is due Custom to whom Custom He doth not say give as a gift to Gods Minister But 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Render or Restore Tribute as a due Also St. Peter doth most clearly expound this place of St. Paul where he saith Submit your selves to every Ordinance of Man for the Lords sake whether it be to the King as Supreme or unto Governours as unto them that are sent by him Here the very self same Word Supreme or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which St. Paul coupleth with Power St. Peter conjoineth with the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereby to maniest that King and Power are both one Also St. Peter expounds his own Words of Humane Ordinance to be the King who is the Lex Loquens a Speaking Law he cannot mean that Kings themselves are an human Ordinance since St. Paul calls the Supreme Power The Ordinance of God and the Wisdom of God saith By me Kings Reign But his meaning must be that the Laws of Kings are Human Ordinances Next the Governours that are sent by him that is by the King not by God as some corruptly would wrest the Text to justifie Popular Governours as authorized by God whereas in Gramatical Construction Him the Relative must be referred to the next Antecedent which is King Besides the Antithesis between

Cases some-what ●ike have been delivered by former ●udges who all receive Authority from the King in his Right and Name to give sentence according to the Rules and Presidents of Antient Times And where Presidents have failed the Judges have resorted to the General Law of Reason and accordingly given Judgment without any Common Law to direct them Nay many times where ●here have been Presidents to direct ●hey upon better Reason only have Changed the Law both in Causes Crimical and Civil and have not insisted so much on the Examples of former Judges as examined and corrected their ●easons thence it is that some Laws are ●ow obsolete and out of use and the ●ractice quite contrary to what it was in Former Times as the Lord Chancellor Egerton proves by several Instances Nor is this spoken to Derogate from the Common Law for the Case standeth so with the Laws of all Nations although some of them have their Laws and Principles Written and Established for witnesse to this we have Aristotle his Testimony in his Ethiques and in several places in his Politiques I will cite some of them Every Law saith he is in the General but of some things there can be no General Law when therefore the Law sqeaks in General and something falls out after besides the General Rule Then it is fit that what the Law-maker hath omitted or where he hath Erred by speaking Generally it should be corrected or supplyed as if the Law-maker himself were Present to Ordain it The Governour whether h● be one Man or more ought to be Lord ●ver all those things whereof it was impossible the Law should exactly speak because it is not easie to comprehend all things under General Rules whatsoever the Law cannot Determine it leaves to the Governours to give Judgment therein and permits them to rectifie whatsoever upon Tryal they find to be better than the Written Laws Besides all Laws are of themselves Dumb and some or other must be trusted with the Application of them to Particulars by examining all Circumstances to pronounce when they are broken or by whom This work of right Application of Laws is not a thing easie or obvious for ordinary capacities but requires profound Abilities of Nature for the beating out of the truth witness the Diversity and sometimes the contrariety of Opinions of the learned Judges in some difficult Points 10 Since this is the common Condition of Laws it is also most reasonable that the Law-maker should be trusted with the Application or Interpretation of the Laws and for this Cause anciently the Kings of this Land have sitten personally in Courts of Judicature and are still Representatively present in all Courts the Judges are but substituted and called the Kings Justices and their Power ceaseth when the King is in place To this purpose Bracton that learned Chief Justice in the Reign of Henry the Third saith in express terms In doubtful and obscure points the Interpretation and Will of our Lord the King is to be expected since it is his part to interpret who made the Law for as he saith in another place Rex non Alius debet Judicare si Solus ad id sufficere possit c. The King and no body else ought to give Judgment if He were able since by vertue of his Oath he is Bound to it therefore the King ought to exercise Power as the Vicar or Minister of God but if our Lord the King be not able to determine every cause to ease part of his Pains by distributing the Burthen to more Persons he ought to chuse Wise men fearing God c and make Justices of them Much to the same purpose are the words of Edward the First in the beginning of his Book of Laws written by his appointment by John Briton Bishop of Hereford We will saith he that our own Jurisdiction be above all the Jurisdictions of our Realm so as in all manner of Felonies Trespasses Contracts and in all other Actions Personal or Real We have power to yield such Judgments as do appertain without other Process wheresoever we know the right truth as Judges Neither may this be taken to be meant of an imaginary Presence of the King's Person in His Courts because he doth immediately after in the same place severally set forth by themselves the Jurisdictions of his Ordinary Courts but must necessarily be understood of a Jurisdiction remaining in the King 's Royal Person And that this then was no New-made Law or first brought in by the Norman Conquests appears by a Saxon Law made by King Edgar in these words as I find them in Mr. Lambert Nemo in lite Regem appellato nisi quidem domi Justitiam consequi aut impetrare non poterit sin summo jure domi urgeatur ad Regem ut is Onus aliqua ex parte Allevet provocato Let no man in Suit appeal to the King unless he may not get Right at home but if the Right be too heavy for him then let him go to the King to have it eased As the Judicial Power of Kings was exercised before the Conquest so in those setled times after the Conquest wherein Parliaments were much in use there was a High-Court following the King which was the place of Soveraign Justice both for matter of Law and Conscience as may appear by a Parliament in Edward the First 's time taking Order That the Chancellour and the Justices of the Bench should follow the King to the end that He might have always at hand able men for His Direction in Suits that came before Him And this was after the time that the Court of Common-Pleas was made Stationary which is an Evidence that the King reserved a Soveraign Power by which he did supply the Want or correct the Rigour of the Common Law because the Positive Law being grounded upon that which happens for the most part cannot foresee every particular which Time and Experience brings forth 12. Therefore though the Common Law be generally Good and Just yet in some special Case it may need Correction by reason of some considerable Circumstance falling out which at the time of the Law-making was not thought of Also sundry things do fall out both in War and Peace that require extraordinary help and cannot wait for the Usual Care of Common Law the which is not performed but altogether after one sort and that not without delay of help and expence of time so that although all Causes are and ought to be referred to the Ordinary Processe of common Law yet rare matters from time to time do grow up meet for just Reasons to be referred to the aid of the absolute Authority of the Prince and the Statute of Magna Charta hath been understood of the Institution then made of the ordinary Jurisdiction in Common Causes and not for restraint of the Absolute Authority serving only in a few rare and singular Cases for though the Subjects were put to great dammage by False

it Whereas the Liberties of Favour and Grace which are Claimed in Parliaments are restrained both for Time Place Persons and other Circumstances to the Sole Pleasure of the King The People can not Assemble themselves but the King by his Writs calls them to what place he pleases and then again Scatters them with his Breath at an instant without any other Cause shewed than his Will Neither is the whole Summoned but only so many as the Kings Writs appoint The prudent King Edward the First summoned always those Barons of ancient Families that were most wise to his Parliament but omited their Sons after their Death if they were not answerable to their Parents in Understanding Nor have the whole people Voices in the Election of Knights of the Shire or Burgesses but only Free-holders in the Counties and Freemen in the Cities and Burroughs yet in the City of Westminster all the House-holders though they be neither Free-men nor Free-holders have Voices in their Election of Burgesses Also during the time of Parliament those priviledges of the House of Commons of freedom of Speech Power to punish their own Members to examine the Proceedings and Demeanour of Courts of Justice and Officers to have access to the King's Person and the like are not due by any Natural Right but are derived from the Bounty or Indulgence of the King as appears by a solemn Recognition of the House for at the opening of the Parliament when the Speaker is presented to the King he in the behalf and name of the whole House of Commons humbly craves of His Majesty That He would be pleased to grant them their Accustomed Liberties of freedom of Speech of access to his Person and the rest These Priviledges are granted with a Condition implyed That they keep themselves within the Bounds and Limits of Loyalty and Obedience for else why do the House of Commons inflict punishment themselves upon their own Members for transgressing in some of these points and the King as Head hath many times punished the Members for the like Offences The Power which the King giveth in all his Courts to his Judges or others to punish doth not exclude Him from doing the like by way of Prevention Concurrence or Evocation even in the same point which he hath given in charge by a delegated Power for they who give Authority by Commission do always retain more than they grant Neither of the two Houses claim an Infallibility of not Erring no more than a General Council can It is not impossible but that the greatest may be in Fault or at least Interested or Engaged in the Delinquency of one particular Member In such Cases it is most proper for the Head to correct and not to expect the Consent of the Members or for the Parties peccant to be their own Judges Nor is it needful to confine the King in such Cases within the Circle of any one Court of Justice who is Supreme Judge in all Courts And in rare and new Cases rare and new Remedies must be sought out for it is a Rule of the Common Law In novo Casu novum Remedium est apponendum and the Statute of Westminst 2. cap. 24. giveth Power even to the Clarks of the Chancery to make New Forms of Writs in New Cases lest any man that came to the King's Court of Chancery for help should be sent away without Remedy A President cannot be found in every Case and of things that happen seldom and are not common there cannot be a Common Custom Though Crimes Exorbitant do pose the King and Council in finding a President for a Condigne Punishment yet they must not therefore pass unpunished I have not heard that the people by whose Voices the Knights and Burgesses are chosen did ever call to an account those whom they had Elected they neither give them Instructions or Directions what to say or what to do in Parliament therefore they cannot punish them when they come home for doing amiss If the people had any such power over their Burgesses then we might call it The Natural Liberty of the people with a mischief But they are so far from punishing that they may be punished themselves for intermedling with Parliamentary Business they must only chuse and trust those whom they chuse to do what they list and that is as much liberty as many of us deserve for our irregular Elections of Burgesses 15 A fourth point to be consider'd is that in Parliament all Statutes or Laws are made properly by the King alone at the Rogation of the people as His Majesty King James of happy memory affirms in His true Law of free Monarchy and as Hooker teacheth us That Laws do not take their constraining force from the Quality of such as devise them but from the Power that doth give them the Strength of Laws Le Roy le Veult the King will have it so is the Interpretive Phrase pronounced at the King 's passing of every Act of Parliament And it was the ancient Custom for a long time till the days of Henry the Fifth that the Kings when any Bill was brought unto them that had passed both Houses to take and pick out what they liked not and so much as they chose was Enacted for a Law but the Custom of the later Kings hath been so gracious as to allow always of the entire Bill as it hath passed both Houses 16 The Parliament is the King's Court for so all the oldest Statutes call it the King in his Parliament But neither of the two Houses are that Supreme Court nor yet both of them together they are only Members and a part of the Body whereof the King is the Head and Ruler The King 's Governing of this Body of the Parliament we may find most significantly proved both by the Statutes themselves as also by such Presidents as expresly shew us how the King sometimes by himself sometimes by his Council and othertimes by his Judges hath over-ruled and directed the Judgments of the Houses of Parliament for the King we find that Magna Charta and the Charter of Forrests and many other Statutes about those times had only the Form of the Kings Letters-Patents or Grants under the Great Seal testifying those Great Liberties to be the sole Act and Bounty of the King The words of Magna Charta begin thus Henry by the Grace of God c. To all Our Arch-Bishops c. and Our Faithful Subjects Greeting Know ye that We of Our meer free-Will have granted to all Free-men these Liberties In the same style goeth the Charter of Forrests and other Statutes Statutum Hibernioe made at Westminster 9. Februarii 14. Hen. 3. is but a Letter of the King to Gerrard Son of Maurice Justice of Ireland The Statute de anno Bissextili begins thus The King to His Justices of the Bench Greeting c. Explanationes Statuti Glocestrioe made by the King and his Justices only were received always as Statutes and