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	lord_n	sir_n	24,348	5	6.8397	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66367	Truth vindicated, against sacriledge, atheism, and prophaneness and likewise against the common invaders of the rights of Kings, and demonstrating the vanity of man in general. By Gryffith Williams now Lord Bishop of Ossory.	Williams, Gryffith, 1589?-1672.	1666 (1666)	Wing W2674; ESTC R222610	619,498	452

yet they compell us to obey their Orders in a stricter manner than usually we are injoyned by Law and this course to make such binding Ordinances as they do to carry the force though not the name of an Act of Parliament or a Law is a mighty abuse of our Laws and Liberties for Sir Edward Cook tells us plainly That as the constitution of our Government now standeth neither the House of Commons and King L. Cook in the Preface of the Stat. of Westminster the second Lamberts Archeion 271. can make any binding Law when the Peers dissent nor the Lords and King when the Commonalty dissenteth nor yet both Houses without the Kings consent but all three King Peers and Commons must agree before any coactive Law can be composed Nay more it is sufficiently proved that Dare jus populo or the legislative power being one principall end of Regall Authority was in Kings by the Law of Nature while they governed the people by naturall equity long before municipall Laws or Parliaments had any beeing For as the Poet saith Remo cum fratre Quirinus Jura dabat populo Hoc Priami gestamen erat cum jura vocatis More daret populis Because this was the custom of the Kings of Scythia Assyria Aegypt c. long before Moses and Pharonaeus when Municipall Laws first began to give Laws unto their people according to the Rules of Naturall equity which by the Law of Nature they were all bound to observe And though some Kings did graciously yield and by their voluntary oathes for themselves and their successors bind themselves may times to stricter limits than were absolutely requisite as William Rufus King Stephen Henry the fourth Richard the third and the like granted many Priviledges perhaps to gain the favour of their Subjects against those which likely had a better Title to the Crown than themselves or it may be to satisfie their people as the guerdon or compensation for the sufferance of some fore-passed grievances as Henry the first Edward the second Richard the second and the like yet these limitations being agreeable to equity and consistent with Royalty and not forcibly extracted ought in all truth and reason to be observed by them And hence it is that the Kings of this Realm according to the oathes and promises which they made at their Coronation can never give nor repeal any Law but with the assent of the Peers and People But though they have thus yielded to make no Laws nor to repeal any Laws without them yet this voluntary concession of so much grace unto the people doth no waies translate the legislative power from the King unto his assistants but that it is formaliter and subjectivè still in the King and not in them else would the government of this Kingdom be an Aristocracy or Democracy and not a Monarchy because the Supreme power of making and repealing Laws and Governing or judging decisively according to those Laws are two of those three things that give being to each one of these three sorts of Government Therefore the King of England Cassan in cata● gloria mundi 2 2 Ed. 3. 3. pl. 25. Vid. The view of a Printed book intituled Observations c. Where this point is proved at large p. 18 19 21 22. being an absolute Monarch in his own Kingdom as Cassaneus saith and no man can deny it the Legislative power must needs reside solely in the King ut in subjecto proprio and the consent of the Lords and Commons is no sharing of that power but only a condition yielded to be observed by the King in the use of that power and so both the Oath of Supremacy and the form of all our ancient Statutes wherein the King speaks as the Law-maker do most evidently prove the same unto us Le Roy voit Neither durst any Subjects in former times either assume such a power unto themselves or deny the same unto their King for you may find how the House of Commons denying to pass the Bill for the Pardon of the Clergy which Henry the 8th granted them when they were all charged to be in a Premunire unless themselves also might be included within the pardon received this answer from the King that He was their Soveraign Lord and would not be compelled to shew his mercy nor indeed could they compel him to any thing else but seeing they went about to restrain him of his Liberty he would grant a pardon unto his Clergy by his great Seal without them though afterwards of his own accord he signed their pardon also which brought great commendation to his judgment Sir Rich. Baker in vita Hen. 8. to deny it at first when it was demanded as a right and to grant it afterward when it was received as of grace And yet the denyal of their assent unto the King is more equitable to them and less derogatory to him then to make orders without him And this manner of compulsion to shew grace unto themselves is more tolerable than to force him to disgrace and displace his most faithful servants only because others cannot confide in them when no criminal charge is laid against them And therefore for the Lords and Commons to make Orders and Ordinances without the King and in opposition to the King is a meer usurpation of the Regal power a nullifying of the Kings power and a making of the Royal assent which heretofore gave life to every Law to be an empty piece of formality which is indeed an intolerable arrogancy in the contrivers of these Orders and the makers of these Ordinances a monstrous abuse of the Subjects and a plain making of our good King to be somewhat like him in the Comedy A King and no King And whereas no Subject yea under favour be it spoken nor the King himself after he hath taken his Oath at his Coronation is free from the observation of the established Laws yet they make themselves so far above the reach of Law that they freed him which the Lord chief Justice Bramston had committed to Newgate for felony in stealing the Countess of Rivers goods they hindered all men as we found in their journal from proceeding against Sir Thomas Dawes they injoyned the Judges by their Orders to forbear to proceed in their ordinary courses in the Courts of Justice contrary to the Oathes of those Judges and some Parliament-men came to the Bench to forbid the Judges to grant Habeas Corpus's which is as great an iniquity and as apparent an injustice as ever was done by any Parliament The most abominable wickedness of these factious Rebels And that which is a Note above Ela above all that could be spoken whereas the Law of God and man the bonds and obligations of Civility and Christianity tye us all to be dutiful and obedient unto our King in all things either Actively or Passively and no wayes for no cause violently to resist him under the greatest penalties that can be

Army will be a rock of defence unto his annointed because it is well known to all the world For what causes the King suffereth that whatsoever this good King hath suffered at the hands of his subjects it is for the preservation of the true Protestant Religion of the established Lawes of his Kingdomes and of those Reverend Bishops Grave Doctors and all the rest of the Learned and Religious Clergy that have ever maintained and will to the spilling of the last drop of their blood defend this truth against all Papists and other Anabaptistical Brownists and Sectaries whatsoever What a shame it is to use the power we have received against him that gave it us And therefore if you that are his Parliament should like unthankeful vapours that cloud the Sun which raised them or like the Moon in her interposition that obscures the glorious lamp which enlightens her in the least manner imploy that strength which you have received from his Majesty when he called you together against His Majesty it will be an ugly spot and a foul blemish both for your selves and all your p●sterities And if not suddenly prevented you may raise such spirits that your selves cannot lay down and sow such seeds of discord and disconte●t between the King and his people as may derive through the whole Race of all succeeding Kings such a disaffection to Parliaments as may prove a plague and poyson to the whole Kingdom For if the King out of his favour and grace call you together and intrust you with a power either of continuing concluding or enacting such things as may be for the good of the Common wealth and you abuse that power against him that gave it you I must needs confesse that I am of his mind That it is lawful to recall a power given when it is abused who saith That the King were freed before God and man from all blame though he should use all possible lawful means to withdraw that power into his own hands which being but lent them hath been so misapplyed against him for if my servant desireth to hold my sword and when I intrust him with it he seeks to thrust the same into my breast Will not every man judge it lawful for me to gain my sword if it be possible out of his hand and with that sword to cut off his head that would have thrust it into my heart or as one saith If I convey my estate in trust to any friend to the use of me and mine and the person intrusted falsifie the faith reposed in him by conveying the profits of my estate to other ends to the prejudice of me and mine no man will think it unlawful for me to annihilate if I can possibly do it such a deed of trust And therefore Noble Peers and Gentlemen of this ancient Kingdom of Ireland that your Parliament may prove successeful to the benefit of the Common-wealth let me that have some interest and charge over all the Inhabitants and Sojourners of Kilkenny perswade you to think your selves no Parliament without your King and that your Votes and Ordinances carrying with them the power though not the name of Acts of Parliament to oblige both King and Subjects to obey them are the most absolute subversion of our Fundamental Lawes the destructive invasion of our rightful Liberties And that by an usurped power of an arbitrary rule to dispose of our estates or any part thereof as you please to make us Delinquents when you will and to punish us as Malignants at your pleasure and through your discontent to dispossesse your rightful King though it were to set the Crown upon the head of your greatest One al is such a priviledg that never any Parliament hath yet claimed Or if you still go on for the inlargement of your own usurped power under the title of the priviledge of Parliament to Vote diminution of the Kings just Prerogative that your Progenitors never denied to any of his Ancestors to exclude us Bishops out of your Assemblies without whom your determinations can never be so well concluded in the fear of God and to invade the Liberties of your fellow-subjects under the pretences of religion and the publique good I will say no more but turn my self to God and put it in my Liturgie From Parasites Puritanes Popes and such Parliaments Good Lord deliver us CHAP. IX Sheweth the unanimous consent and testimonies of many famous learned men and Martyrs both ancient and modern that have confirmed and justified the truth of the former Doctrine ANd so you see that as for no cause so for no kind or degree of men be they what you will Peers Magistrates Heads of Families Darlings of the people or any other Patriots whom the Commons shall elect it is lawfull to rebell against or any wayes to resist our chief Princes and soveraign Governours This point is as clear as the Sunne and yet to make it still more clear unto them that will not believe that truth which they like not but as Tertullian saith Credunt Scripturis ut credant adversus Scripturas Testimonies of famous men do alledge Scriptures to justifie their own wilful opinions against all Scripture I will here adde a few testimonies of most famous men to confirm the same Henry de Bracton Lord chief Justice of the Kings Bench under Hen. 3. L. Elismer in orat habita in Camera Fiscali anno 1609. pag. 108. saith as he is quoted by the Lord Elismer That under the King there are free men and servants and every man is under him and he is under none but onely God If any thing be demanded of the King seeing no Writ can issue forth against the King there is a place for Petition that he would correct and amend his fact and if he shall refuse to do it he shall have punishment enough when the Lord shall come to be his revenger for otherwise touching the Charters and deeds of Kings neither private persons nor Justitiaries ought to dispute This was the Law of that time what new Lawes our young Lawyers have found since I know not I am not so good a Lawyer The Civil Lawyers do farre surpasse the Common Law herein for Corsetus Sic. tract de potestat reg part 5. num 66. Corsetus Siculus saith Rex in suo regno potest omnia imò de plenitudine potestatis And Marginista saith Qui disputat de potestate Principis utrum benè fecerit est infamis Hostiensis saith Princeps solutus est legibus id est quoad vim coactivam non quoad vim directivam Thom. 1. 2 ae q. 96. ar 5. ad 3. quia nulli subest nec ab aliis judicatur And to omit all the rest Marginista in Angelum Perusinum c. l. 9. tit 29. De crimine sacrilegii l. 2 Hostiens Sum. l 1. rubr 32. de effic legati Barclaius contra Monarchomach l. 3● c. 14. Gulielmus Barclaius out of Bartolus Baldus Castrensis

which never hoped for any glory in the Kingdome of Heaven but by suffering patiently in the Kingdom of the Earth and when they could did faithfully discharge the duties of their places and when they could not did willingly undergo the bitternesse of death and were alwayes faithfull both to their good God and their evil Kings to God rather by suffering Martyrdom then offend his Majesty and to their Kings not in committing that evil which they commanded but in suffering that punishment which they inflicted upon them 2. Not the Nobility or Peers Calvin Instit l. 4. c. 20. Sect. 31. Beza in confess c. 5. p. 171. Autor vindic q. 3 pag. ●03 Alchus de polit c. 14 pag. 142. 161. Danaeus de polit Christiana l. 6. c. 3. p. 413. 2. As no private men of what rank or condition soever they be so neither Magistratus populares the peoples Magistrates as some term them nor Junius Brutus his Optimates regni the prime Noble-men of the Kigdom nor Althusius his Ephori the Kings assistants in the government of the people nor his great Councel of Estate nor any other kind calling or degree of men may any wayes resist or at any time rebell for any cause or colour whatsoever against their lawful Kings and supreme Governours 1. Because they are not as Althusius doth most falsely suggest Magistratus summo Superiores but they are inferiours to the supreme and chief Magistrate otherwise how can he be Summus if he be not Supremus or how can Saint Peter call the King supereminent 1 Pet 2.13 if the inferiour Magistrates be superiour unto him and it is Reason 1 contra ordinem justitiae contrary to the rules of justice as I told you before out of Aquinas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the inferiours should rise up against their superiours which hath the rule and command over them The Inferiour should never rise against his Superiour Optat. de schis Donat. l. 3. p. 85 as the husband hath over the wife the father over the sonne the Lord over his servants and the King over his subjects and therefore Jezabel might truly say Had Zimri peace which slew his Master And I may as truly say of these men as Optatus saith of the Donatists when as none is above the King or the Emperour but onely God which made him Emperour while the inferiour Magistrates do extoll themselves above him they have now exceeded the bounds of men that they might esteem themselves as God Non verendo eum qui post Deum ab hominibus timebatur in not fearing him which men ought to fear next to God But the words of Saint Peter are plain enough 1 Pet. 2.15 Submit your selves unto every ordinance of man for the Lords sake whether it be unto the King as supreme or unto Governours as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well Wherein you may see not onely the subordination which God hath placed betwixt the King and his Subjects but also that different station which is betwixt the Supreme and the inferiour powers for the words sent of him do most clearly conclude that the inferiour Magistrates have no power to command but by the vertue power and force which they receive from the supreme and that the inferiour Magistrates opposed to the supreme power are but as private men and therefore that as they are rulers of the people so being but instruments unto the King they are subjects unto him to be moved and ruled by him which is inferiour to none but God and their authority which they have received from him Inferiour Magistrates in respect of the king are but private men can have no power upon him or to manage the sword without him and especially against him upon any pretence whatsoever how then can any or all these Magistrates make a just war against their King when as none of them can make any just warre without him 2. Because as Bodinus saith most truly the best and greatest not onely Reason 2 of the inferiour Magistrates but also of all these Peers Nobles Counsellors or what you please to call them have neither honour power nor authority but what they have given them from him which is the King or supreme Magistrate as you see God made Moses the chief Governour and Moses made whom he pleased his Peers and his inferiour Magistrates and as they have all their power derived from him that is the chief so he that is the King or chief can draw it away from them that are his inferiours when he pleaseth and as he made them so he can unmake them when he will and none can unmake him but he that made him that is God himself and therefore David that was ex Optimatibus regni the greatest Peer in Israel being powerful in warre famous in peace the Kings Son-in-law and divinely destinated unto the Kingdome yet would he not lay his hand upon his King when he was delivered into his hands And this Buchanan cannot deny but confesseth that the Kings of the Jews were not to be punished or resisted by their subjects because that from the beginning they were not created by the people but given to them by God Buchanan's absurdity and therefore saith he jure optimo qui fuit honoris autor idem fuit poenarum exactor it is great reason that he which gives the honour should impose the punishment But for the Kings of Scotland Buchan de jure Regni apud Scotos they were saith Buchanan not given them of God but created by the people which gave them all the right that they can challenge Ideoque jus idem habere in reges Multitudinem quod illi in singulos è multitudine habent which is most false for Moses tells us that immediately after the deluge God the Creatour of all the world ordained the revenging sword of blood-shed and the slavish servitude of paternal derision wherein all the parts of civil jurisdiction and regal power are Synecdochically set down and Job saith that there is one God which looseneth the bond of Kings Job 12.18 and girdeth about their reines which must be understood of the Gentile-Kings because that in his time the Commong-wealth of Israel was not in being and God himself universally saith By me Kings do reign that is all Kings not onely of the Jews but also of the Gentiles and Christ doth positively affirm that the power of Pilate was given him from Heaven and Saint Paul saith There is no power but what is appointed of God And Tertullian saith Inde Imperator unde homo iude illi potestas unde spiritus he that made him a man made him Emperour and he that gave him his spirit gave him his power And Irenaeus saith God ordained earthly Kingdomes for the benefit of the Gentiles Et cujus jussu homines nascuntur That God is the ordainer of