Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	high_a	law_n	4,921	5	5.0788	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56409	A dialogue between a divine of the Church of England, and a captain of horse concerning Dr. Sherlock's late pamphlet, entituled The case of allegiance due to sovereign powers stated, &c.	Parkinson, James, 1653-1722.; Captain of Horse.	1690 (1690)	Wing P492A; ESTC R8649	6,905	2

and accordingly have directed the Jury to have acquitted them from the crime of High Treason of which they were Indicted for doubtless if Powers no otherwise setled than according to his account of a thorough Settlement page 9. have Gods Authority are his Ordinance c. then those by whose Commission the Regicides acted being such setled Powers had Gods Authority too were his Ordinance c. ought to have been submitted to and obeyed and consequently the Actings of those Regicides c. were warrantable and Legal though their Masters were Vsurpers for want of a Legal Right to Govern what can he say to it Capt. No more I think than what in effect he said before pag. 46. That this is a great Prejudice but no Argument for if his Principles be true and according to his Principles those who sate as Judges in the High Court of Justice and their Assistants at the Tryal of King Charles I. did no more than became them to do and so ought to have been acquitted that they were not is no confutation of his Principles For if Learned Judges and Lawyers have agreed c. And if it has been the Sense of Westminster-Hall c. And if that be the Sense of the Law and is like to be so again if we think fit to try it that it was not sufficiently urged or insisted upon in their favour and that they were not acquitted does not prove that it might not have been so urged and insisted upon in their favour or that they ought not to have been acquitted Now though I am certain the Law condemns all Usurpations whatever upon the Regal Office yet I will not deny but it has been the constant Sense of Westminster-Hall under every Usurpation that all the duties of Allegiance ought to be paid to the Usurper but not eo nomine not as Usurper I hope no those who at any time by Commissions from Usurpers have sate as Judges in Westminster-Hall knew well enough that to admit in the least the Legal Right of their Masters to be disputed would be to admit their own Authority to fit and determine Causes there to be questioned and therefore even that same High Court of Justice would have told the Doctor if he had demurr'd to their Authority or which would have been the same thing to the Legal Right of their Employers as they told the Blessed Martyr King Charles I. Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Dr. Nalsons Journal pag. 44. Div. The Doctor himself says indeed pag. 44. That it seems to him to be unfit to dispute the Right of Princes a thing which no Government he says can permit to be a Question among their Subjects Capt. But they might permit it a body would think i● as the Doctor would persuade us nothing depended upo● it But the mischief of it is that all who take upon them to Govern c. know that all their claims of Allegiance or of any duty of Allegiance from the People do depend upon their Legal Right to Govern them c. But what d'y ' say to his Divinity Div. Why I think all the Texts of Scripture that he brings to maintain his Doctrine will stand him in no more stead than Bishop Overals Convocation-Book till he has proved tha● every Act done by force of any Natural Powers which Go● Almighty has given to any one has Gods Approbatio● merely because by restraining those Powers he could have hinder'd its execution And I think the Fellow had received better Instructions than the Dr. would have given him who being ask'd who made him gave this answer God made me a Man my Father made me a Taylor and the Devil made me a Thief Capt. A fair Distribution The Man made a Conscience it seems of giving the Devil his due Div. As every one ought I think instead of making the good God the Author of the worst Villanies committed by the instigation of the Devil as the Rebels in the late times did and as many now adays are too apt to do but then as to what the Doctor says is like to be the Sense of Westminster-Hall again if we think fit to try it I know not I confess what may be the Sense of Westminster-Hall in Case his Principles should universally obtain but the present Sense of Westminster-Hall I believe is against him in some things he may try his own Cause when he pleases Capt. Ay and We 'll try ours when we see our own time But I cannot imagine I confess to what end he quotes Dan. 4. 17. For the most High ruleth in the Kingdom of men and giveth it to whomsoever he will and setteth up over it the basest of men page 11. Not having first proved what as you say he ought to have proved Div. That you must know was to anticipate an Objection which the Doctor foresaw would arise upon another Text of Scripture which he brings in pag. 35. viz. Hosea 8. 4. They have set up Kings but not by me They have made Princes but I knew it not But you 'll pardon me Captain that I must take my leave of you a little abruptly I see a worthy Gentleman there that I must have a word with Capt. Farewel then Divine Adieu LONDON Printed and are to be sold by Randall Taylor near Stationers-Hall 1690. Hudib in MS.

and who those are which in your esteem are the honest Loyal Party Div. That is such an odd Question now when the Doctor tell 's us Pag. 14. how consistently with him self it matters not that we can have but one King at a time but to humour you for once by King I mean a Lawful King or if you had rather have it in Latin a King de jure which I take our King to be and by honest Loyal Party I mean those who have in all times even in the worst of times strictly adhered to such their Lawful King in opposition to all the injurious Claims and Pretences of Oliver the Rump Monmouth and the like Capt. I understand you now But 't is hard to say what the Doctor would be at for after he had led us out of the dark Labyrinths of Law c. and put us under the conduct of Providence and Pag. 17. taught us to follow Her step by step in such sort as to proportion our Duties of Allegiance to all her Events and to take for the Object of those Duties any Powers whatever tho destitute of all Legal Right so settled no matter by what means as may agree with his Definition of thorough settled Powers Pag. 9. After all this I say the Doctor having probably found more Difficulties in Providence than that one which he mentions Pag. 32. brings us back again into the dark Labyrinths of Law I hope he means us no harm Div. No no we ought to judg charitably Capt. However let us walk warily the while Div. Ay where are we now Capt. Why the Doctor says Pag. 54. that what Prince we must obey and to what particular Prince we must pay our Allegiance the Law of God does not tell us but this we must learn from the Laws of the Land And so he proceeds Ibid. to state the Question whether the Subjects of England when such a Case happens must pay their Allegiance to a King de jure who is dispossess'd of his Throne or to the King de facto who is possessed of it without a Legal Right Div. But to whose Determination will he submit that Point Capt. He tells you in effect by a pair of other Questions Ibid. Is it not says he most reasonable to think that to be the sense of the Law which learned Judges and Lawyers have agreed is the sense of it And again Is it not reasonable to take that to be the sense of the Law which has been the sense of Westminster-Hall and is like to be so again if we think fit to try it Div. He had done well though to have told us whether by his Learned Judges Capt. Take heed how you step there 's a what d' ye call 't a Trap or a Pitfal or something like it just before ye Lend me your hand Div. Thanks good Captain Now I see my way But as I was saying the Doctor had done well to have told us whether by his Learned Judges he would have us to understand Judges de facto or de jure For who knows but by his Learned Judges who have agreed c. he may mean Bradshaw and his Companions and by his Learned Lawyers that Cook who pleaded in quality of Sollicitor before the High Court of Justice so call'd and Prideaux and the rest of that Tribe of Mercenaries to the Usurpers of those times many of whom it cannot be denyed were sufficiently Learned Capt. But I think they had no Honesty to spare For 't is well known that Glynn and M d To make good Subjects Traytors strain'd hard Div. The Doctor you see has not made Honesty a necessary Qualification to Authorise the judgments or determinations of his Judges and Lawyers But if he had 't is all one to him for according to his Notions those Sparks were very honest Fellows they acted by Commissions from the then Powers who according to his account of the matter were thorough setled Powers and the Ordinance of God to whom all Allegiance was due and which ought not to be resisted Now though the Doctor would not be thought a friend to the Usurpations of the Rump Parliament the Late Protector or Committee of Safety c. but in his Preface and in some other parts of his Book seems to cast them all off yet to the Objection pag. 45 46. that upon his Principles we might submit and swear to a Rump Parliament or to another Protector or to a Committee of Safety c. and that his Principles arraign all the Opposers of those Vsurpations as the Resisters of Gods Ordinance c. He gives such an Answer you 'l see as effectually acknowledges them all to have been God's Ordinance which ought to have been complied with and not resisted his Answer is that it is a great prejudice but no Argument for if these Principles be true says he and according to these Principles they the Loyal Nobility Gentry and Clergy might have complied with those Vsurpations that they did not is no confutation of them It is plain I think by this that the Doctor himself found that he could not support his Argument upon any other Principles than would justifie those Powers and Arraign the honest Loyal Nobility Gentry and Clergy c. as resisting God's Ordinance by their Opposition to those Vsurped Powers and their attempts to restore their King to his Throne Capt. Well But he can't expect to top upon many the Judgments and Opinions of the Judges and Lawyers of those times for an Authentick Sense of Westminster-Hall Div. Where will he be then for if he means publick Judgments or Opinions of any who either have sate or do fit as Judges in any of the Courts at Westminster by K. W's Commission or any Opinions of Lawyers delivered at any of the Bars of those Courts before them in favour of his Doctrine in this Point he should have cited one Case at least since most People I presume are Strangers to any such Judgment given in Westminster-Hall during this Reign and do think that if the Doctor at any time since the New Oath was appointed to be taken could have found his way from the Temple to Westminster-Hall whither he is so ready now to direct others some of the Learned there might have told him another Story And if he means by his has been agreed c. and has been the sense of Westminster-Hall some Judgment or Sentence given in Westminster-Hall antecedent to the Usurpations upon King Charles I. and II. in favour of Submission and Obedience to any Powers de facto not having Legal Right 't is probable such Judgment was extant in Print before the Tryal of the Regicides who might then have offer'd it in their own defence and if that they did not was owing to their Ignorance of the Law it may however be reasonably supposed that some of the many Honourable Commissioners of Oyer and Terminer Learned in the Law before whom they were tryed would have found it out