Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	good_a	king_n	people_n	3,603	5	4.8197	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37240	The question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to King James in the latter end of his reign / by Sir John Davies ...	Davies, John, Sir, 1569-1626.	1656 (1656)	Wing D407; ESTC R1608	63,423	186

be done to his Subjects who do make contracts real and personal within the Land But to his Merchants that trade and traffique with Forrein Nations and to Strangers that trade traffick with us for the Administration of cōmutative Justice within the Land the King receiveth sundry profits which grew first by way of Imposition A man cannot recover a Debt in the Kings Court but first he payeth the King a Fine for his first Process Land cannot be conveighed by a Common Recovery but a Fine for the Original must be payd to the King Neither can Land be passed from one to another by Fine in the Kings Court but the Kings Silver must be payd pro licentia concordandi Adde hereunto the profit of the Seals in all the Kings Courts for all manner of Writs And yet the King in Charta magna did promise Nulli negabimus nulli vendemus Iustitiam vel rectum but the Kings taking of these and the like Duties is no breach of the great Charter for that the same was imposed by the King long before the Charter was made and taken ut Ministerii sui stipendia as the Schoolman speaketh and withall to recompence the charge of the Crown in maintaining the Court of Justice See Bodin lib. 6. de Repub. cap. 2. where hee speaketh of the like profit made upon the Process in France And shews that the antient Romans did the like And the Emperour Caligula took the fortieth penny of that which was demanded in every several Civil Action If then such profits be taken for the King in his Courts of Justice within the Land towards the charge which he sustaineth in the maintainance of these Courts and the Offices thereof which duties were at first limitted and imposed by the King himself without any Act of Parliament for who ever heard of an Act of Parliament whereby the same were granted Is there not as good reason why the charge of the King in doing Justice and procuring Justice to be done unto Merchants whose residence and comerce is for the most part out of the Land should be recompenced out of Merchandizes imported and exported not according to the will of the Merchant and pleasure of the people but proportionable according to the Kings charge which being best known to himself it is most meet that the recompence should be limitted by himself Touching the charge of the King in doing and appointing Justice to be done to Merchants Are not all Leagues Truces and Treaties of State with Forein Princes wherein the publique Trade and Comerce of Merchants are ever included concluded and made at the Kings charge Did not the Kings Council of State and high Court of Chancery give more speedy hearing to the causes of Merchants than to the causes of other Subjects Doth not the King maintain a Court of Admiralty for deciding of Marine causes which doe for the most part concern Merchants Doth he not bear the charge of several Leiger Ambassadors in Italy in Spain in France in the Lom Countries in Turkie whose principal Negotiation doth consist in procuring Justice to be done to our Merchants And if our Merchants doe suffer wrong in any Forein Country by reason of any defective neglect in doing Justice there doth not the King by his Prerogative grant them Letters of Mart or Reprisal that they may right themselves which is a species justi Belli as the Civilians call it And if the injury done to the Merchants bee multiplyed and continued with a high hand Is it not the Kings Office to denounce and prosecute War against such a people as doth refuse to doe Justice unto his Merchants For this cause the Romans began the first Punick War saith Appian Cicero in his Oration pro Lege Manlia affirmeth Populum Romanum faepe Mercatoribus Injuria suis tractata bella gessisse Briefly the plenty of Money being greater in this Age than ever was there by reason of so many Millions of Gold and Silver brought from the Indies into Europe and the price of all Merchandizes being withall greatly enhanced and the charges and expences of Princes exceedingly encreased is it meet or just that the King at this day should be stinted or bound to that old Demimark onely for Native commodities or the three pence of the pound for the Forein commodities which Edw. 1. was content to accept of four hundred years since or a single poundage onely which in the time of King Edw. 4. was not sufficient to maintain the necessary charges of keeping the Sea as the Acts of Parliament 12. Edw. 4. cap. 5. which granteth that Subsidy to the King reciteth all the Kings charge in supporting the Trade of Merchants being unlimited and infinite And shall the duties payable for Merchandizes be stinted and restrained to such a proportion only as the Subject shall bee pleased to grant unto him Assuredly if the King had not a Prerogative of his own absolute power without Act of Parliament to increase the duties payable for Merchandizes at this day a Merchants Counting-house would be richer than the Kings Exchequer and the Subject who may live privately and moderate his expenses and yet raise the Fines of his Coppy-holds and Rents of his Demeans without controlement would be in better case than the King who by reason of the Majesty of his Estate cannot abridge his charges and yet should have no power of himself without leave of his Subjects to increase his Revenue Again the King is not only at charge in doing of Justice to his Merchants at home and in procuring Justice to bee done to them abroad but he doth withall maintain a Royall Navy of Ships the best the fairest the strongest in the world at this day to protect all Merchants from spoyl and Piracy on the sea In the maintainance of this Navy the King doth expend more Treasure than the whole Revenue of some of his Predecessors did amount to And he doth not onely secure Merchants by Sea but he gives them safe conduct by Land also as appeareth by the great Charter So as they may well give our King that title which virgil gives to the King of Bees Ille operum custos And seeing Merchants are most likely resembled to those Industrious creatures because they bring the hony to the Kings Hives to wit to his Havens and Ports where they and their Merchandizes bee protected and reserved why should they not imitate the Bees in observing their King and in making him partaker of the fruit of their labours Neither is it a new thing or an invention of this Age to lay Impositions upon Merchants for their Waftage and Protection at Sea for plinius tels us lib. 19. cap. 4. Merces praetiosae ut ex India Arabia Ethiopia tuto in Europam à Mercatoribus conveherentur necessariò classem parandam esse adversas Piraticas incursiones inde maritimi exercitus habendi causa vectigal rubri maris institutum A third reason drawn

the Law of the Land in those cases why should not this Question of Impositions be examined and decided by the rules of those Laws so far forth as the same doth concern Merchants Merchandizes as well as by the rules of our Customary or Common Law of England especially be cause the rules of those other Laws are well known to the other Nations with whom we have commerce and to whō and from whom all Merchandizes are transported wheras the rules of our own Municipall Laws are only known within our Islands and if this Question may be decided either by the Laws of Nations or by the Law Merchant which is but a member thereof or by the Roman Civil Law we find this point clearly and absolutely determined and over-ruled by the rules of those Lawes viz. That all absolute Kings and Princes may set Impositions upon Merchandizes by their Prerogatives and thereupon we may conclude that since one Monarch hath as much power as another as Fortescue in his Book de Laudibus legum Angliae affirmeth the K. of England as well as any other King as the Emperour himself cum ipse omnes libertates habet in regno suo quas imperator vindicat in imperio As King William Rufus told the Arch-Bishop Anselm may by vertue of his Royal Prerogative annexed to his Crown and inherent to his Scepter lay Impositions upon Merchandizes exported or imported into any of his Kingdoms or Doninions CHAP. VII Of the Kings Prerogatives in general and that the same do consist in certain speciall points or cases reserved to the absolute power of the Crown when the Positive Law was first established and that the Canon Law of England doth acknowledge and submit it self to those Prerogatives BY the Law of Nature all things were cōmon and all persons equal there was neither Meum nor Tuum there was neither King nor Subject then came in the Law of Nations which did limit the Law of Nature and brought in property which brought in community of things which brought in Kings and Rulers which took away equality of persons for property caused Contracts Trade and Traffique which could not be ministred without a King or Magistrate so as the first and principal cause of making Kings was to maintain property and Contracts and Traffique and Commerce amongst men Hereupon by the same Law of Nations Tributes and Customes became due to the King or Prince to maintain him in his place of Government quasi Ministerii sui stipendia saith the School-man Deo Minister est tibi in bonum ideo tributa potestas saith Saint Paul and all these things namely Property and Contract and Kings and Customes were before any positive Law was made then came the positive Law and limited the Law of Nations whereas by the Law of Nations the King had an absolute and unlimited power in all matters whatsoever By the positive Law the King himself was pleased to limit and stint his absolute power and to tye himself to the ordinary rules of the Law in common and ordinary cases worthily and princely according to the Roman Emperour Dignissimum Principe Rex se allegatum legibus confiteri retaining and reserving notwithstanding in many points that absolute unlimited power which was given unto him by the Law of Nations and in these cases or points the Kings Prerogatives do confist so as the Kings Prerogatives were not granted unto him by the people but reserved by himself to himself when the positive Law was first established and the King doth exercise a double power viz. an absolute power or Merum Imperium when he doth use Prerogatives onely which is not bound by the positive Law and an ordinary power of Jurisdiction which doth co-operate with the Law whereby he doth minister Justice to the people according to the prescript rule of the positive Law as for example the King doth not condemn all Malefactors but by the rule of the positive Law but when the Malefactor is condemned by the Law he giveth him a pardon by his absolute Prerogative Again the King doth punish the breach of the Peace within the Land by the ordinary course of the Cōmon Law but he doth make War and Peace with Forreign Nations Quod pertinet ad liberum jus gladii as a Doctor speaketh by that absolute and unlimited power which the Law of Nations hath given unto him Again the King doth establish the Standard of Money by vertue of his Prerogative only for the Common Law doth give no rule touching the matter or form or value thereof but when those Monies are dispersed into the hands of the Subjects the same do become subject in respect of the property thereof to the ordinary rules of the Common Law Again the right of Free-hold and all Inheritance and all Contracts reall and personall arising within the Land are left to be decided by the positive Law of the Land but the Government and ordering of Traffique Trade and Commerce both within the Land and without doth rest in the Crown as a principall Prerogative wherein the King is like to Primum mobile which carrieth about all the inferiour Spheres in his superiour Course and yet doth suffer all the Planets underneath him to finish all their divers and particular courses or rather he doth imitate the Divine Majesty which in the Government of the world doth suffer things for the most part to passe according to the order and course of Nature yet many times doth shew his extraordinary power in working of miracles above Nature And truly as the King doth suffer the customary Law of England to have her course on the one side so doth the same Law yeeld submit and give way to the Kings Prerogative over the other and therefore in the 1 Hen. 7. fol. 23. there is a rule That every Custome is void in Law quae exaltat in praerogativum Regis which is an argument that the Kings Prerogative is more ancient than the customary Law of the Realm besides the power of the Kings Prerogative above the Common Law doth appear in this That whereas all privileges do flow and are derived from the Kings Prerogative and every privilege in one point or other privat communem legem yet the Common Law doth admit and allow of privileges granted by vertue of the King Prerogative CHAP. VIII Of the Kings Prerogative in the ordering and governing of all Trade and Traffique in Corporations Markets and Fairs within the Land and the Common Law doth acknowledge this Prerogative and submit it self thereunto FIrst it is manifest that all Corporations of Cities and Boroughes within the Land were chiefly instituted for Trade and Commerce and not by the rule of Common Law no such Corporation can be made but by the Kings Charter for though there have been some Corporations which have been time out of mind yet the Law presumes that the same at first had their beginnings by the Grant of the King besides we

and hath as many Prerogatives incident to his Crown whence then proceedeth it to what profitable cause may we ascribe it certainly to divers causes profitable and principally to these causes following First our King of England hath alwayes gone before and beyond all other Kings in Christendome in many points of Magnificency and especially in this That they have alwayes had a more Rich and Royall Demean belonging to the Crown I mean more large and Royall Patrimony in Lands and Rents than ever any Christian King had before or now hath at this day for it is certain that the Revenues of other Princes and States do principally consist in such Gabells Impositions and Exactions as are before remembred and not in terra firma not in such a Reall and Royall Patrimony as hath ever belonged to the Crown of England and therefore other Kings being lesse able to maintain their Estates or more covetous in their own Nature have laid heavier Burthens upon their Subjects than ever the King of England hath layd or will do or hereafter hath need to do God be blessed for it the Kings of England have had the Princes Portion spoken of before in 45 of Ezekiel and therefore they had no need so to oppresse the people Again we may ascribe this difference to the bounty and noble nature of our Kings that they would never descend to those poor and sordid Exactions which other Princes States do take of their Subjects Sordidum putandum est aurum quod ex lachrimis oritur as a good Counseller told Vespasian Again we may ascribe it to the wisdom and policy of our Kings who would never follow the Counsell of Rehoboams younger Counsellers boni pastoris est oves tondere non diglubere as Tiberius the Emperor was wont to say Odi hortulanum saith Alexander qui ab radice olera excindit qui nimis emergit elicit sanguinem saith Solomon they well considered that the money levied by Taxes and Impositions is the blood of the people which is not to bee let out in any great quantity but to save the life as it were of the Common-wealth when she is sick indebted and in great danger Again it may be ascribed to their Piety and Religion which moved them to follow the counsell of the Divine Rule Deut. 17 where the King is warned not to multiply upon him much Gold and Silver for that indeed there doth seldome come good by great Treasure heapt up by a great Prince for it doth but nourish Pride and Ambition in him and stir him up many times to make an unjust Warre upon his Neighbours or if he leave it unto his Successers it makes them luxurious and vitious which draweth with it sometimes the ruin of the kingdome sed optimus certissimus thesaurus Principis est in loculis subditorum saith the learned Buterus in his Book against Machiavill let the King saith he have a care to maintain Religion and Justice and Peace in his Kingdom this will soon bring plenty with a continuall increase and make a rich and wealthy people then shall the King never want money to serve his just and necessary and honourable occasions for it is impossible the Soveraign should be poor when the Subjects are rich and untill occasions do arise the Coffers of his Subjects will be his best Exchequer they will be his Treasurers they will be his Receivers his Tellers without fees or wages no bad Accomptant shall deceive him nor no Bankrupt Officer shall deceive him they will keep the Treasure of the Kingdom so frugally as no Importunate Courtier shall be able to withdraw the same from a Prince but that it shall still remain in store to supply the necessities of the Common wealth Lastly our Kings of England in their wisdoms well understood the natures and dispositions of their people and knowing them to be a free generous and noble Nation held them not fit to be beaten with Rehoboams Rod esteemed them too good to be whipt with Scorpions and therefore God be blessed we have not in England the Gabeller standing at every Towns end we have not a Publican in every Market we pay not a Gabell for every Bunch of Reddish or Branch of Rosemary sold in Cheap-side we have none of those Harpies which do swarm in other Countries we have no complaining in the streets as is said in the 144. Psalm and therefore I may well conclude with the conclusion of that Psalm Happy are the people that are in such a case blessed is the people that have the Lord for their God above in Heaven and King Iames for their King here upon Earth FINIS These Books following are printed for Henry Twyford and Partners and are to be sold at his Shop in Vine-Court Middle Temple THe Compleat Attorney or the Practick par● of the Law A Learned Treatise of Wards and Liveries by Sir Iames Ley Knight The Life of the Apostle St. Paul Soliloquies Meditations and Prayers of St. Bonaventure The discontented Collonel by Sir Iohn Sucklin The European Mercury The humble Remonstrance of Sir Iohn Stawell Hebdomada Magna or the great Week of Christ's Passion Sir Robert Brooks Reading on the Statute of Limitations Kitchens Jurisdictions of Courts Leet Courts Baron c. Rich. Brownlow Esq Prothonotary to the Court of Common Pleas Reports the first and second Part. His Declarations and Pleadings English Judiciall Writs Plowdens Abridgment Abridgment of Lord Cook's Littleton Abridgement of Pulton's Statutes at large by Edmund Wingate Esq The Books of the drawing up of all manner of Judgments The Body of Law by Edmund Wingate Esq The Marrow of Law or the second part of the Faithfull Counsellor Office and duty of Executors in 8. Lay-mans Lawyer or the second part of the Practick part of the Law A Commentary on the Original Writs by William Hughes Esq Stevenson's Poems The Anabaptists Anatomised in a Dispute between Mr. Crag and Mr. Tombes● Caesars Commentaries with Sir Clement Edmunds Observations The Compleat Clark and Scriveners guide being the exact Forms of all manner of Conveyances and Instruments now in use as they were Penned by Learned Counsel both Ancient and Modern The Counesse of Arundells Secrets in Physick and Chirurgery c. The History of the Troubles of Swethland and Poland Iustinian Doct. Stud. 1. lib. cap. 2. Baldus Baldus Strabo Iustinian halicar. lib. 3. Bracton stampford pràrogat Regis fol. 37. 6. 19 E. 4. 6. 37 E. 6. 20 11 H. 4. Com. 316 7 E. 4.19 3. R. 3. 2. Magna Charta cap. 30. Vlpian 13 Edw. 4. 9 10. Reg. fol. 135. F. N. 117. D. F. N. 117. D. 2 E. 3. Regist. 259. a. Bodin Register 122 6. 46. Hen. 3 Rot. Pa. 3. E 1. m. 19. in Archis turris London 3 Edw. 1. 27 E. 3. Cap. 2. Cicero 13 E. 4. 9. Lex Civilis Cicero offic. li 2. Bodin de repub. li 2 cap. 8. Bodin Stephen King of Spain Pope Eluther 1● R. 2. Chopinns Rhodians The Canon Law Decret. causae 24 Quaest. 3. Canonists Poll-money St. Paul Fortescue 1 H. 7. fol. 23. 3 Edw. 1 pat m 21 F. N. 170 D. Register of Writs fol. 107. Custome and Toll Strabo 38 H. 8. Dyer 43. Edw. 1. Edw. 2. Edw. 3. Bates case de Currans in Sccio per Flem●ing chief Baron 3 Edw. 1. 3 Edw. 1. Rot. fin memb. 24. Statute 25 E. 1. Dyer 29. 30 H. 8. 43. 31 Ed 3. 60. 27 E. 3. Prizage and Butlerage 52 H. 3. 31 Ed. 1. Gauger Alneger 14 Ed. 2. Customer Comtroller Searcher 25 E. 1. 3 Ed. 2. 11 E. 2. The Writ to his Collecttors of his Customs Collectors of his Customs Raimundus Lullius 1 Ed. 1. Rot. fin m. 30. in Archivis Turris Le Records 17 Ed 3. Rot. 308. in Sccio Angliae c 12 Ed. 3. Rot. Almaniae pars 1. numb. 3. 31 Ed. 3. Rot. Parl. numb. 24. 13 Ed. 1. 14 Ed. 3. Staple at Callis E. 3. R. 2. H. 4. H. 5. Dyer 165 12 Eliz. 12 Eliz. Letters Patents 28. Iuly 6. Iac. Bodin lib. 6 de repub. ca. 2. Caligula Appian Cicero 12 Ed. 4. cap. 5. Virgil Plin. lib. 19. cap. 4. Tempore Edw. 3. 2 Edw. 1. 2 Edw. 3. 10 Ed. 3. 17 Hen. 4 Matthew Paris Histor. Magna p. 568. 10 Hen. 7. Stow. Fitz Avowry 192. 6 Rich. 2. protection 46 Rot. Scotiae nu 16 in Arch Turris Gen. 1. Baldus Strabo stampford 19. Ass. p. 6. 22. Ass. p 93. 22 Ed. 4. 4 Edw. 3. 21 Ed. 3. 16 Ri. 2. 17 H● 6. Tempore Henry 8. The K. of Spain's Imposition in An. 1614. Magna Charta cap. 30. 46 Ed. 3. 1 Edw. 3. Anno 40. Elizabeth Object 1. The Answer to the 1. Object Object 2. The Answer to the 2. Object Solomon Henry 7. Poeta Object 3. 3 Edw. 2 5 Edw. 2. 13 Ed. 3. 14 Ed. 3. 12 Ed. 3. 18 Ed. 3. 22 Ed. 3. 13 Ed. 3. Lord Latimer Richard Lions I. Peachy 50 Ed. 3. Rot. Parl. numb. 33. 50 Ed. 3. Rot. Parl. num 191. in Arch. Turris Dyer 1 Eliz. fol. 165. The Answer to Object 3. 5 Edw. 2. Senatus Rome Solomon Iulius Caesar Augustus Caesar Edw. 1. Edw. 3. Nero Edw. 2. Rich. 2. Petitions are of divers kinds have divers Answers Mayle 〈…〉 3 Kings cap. 12. 14 Ed. 3. cap. 12. Anno 29 Ed. 3. 6 Edw. 3. Rot. Parl. nu 4. 13 Edw. 3. Rot. Parl. numb. 5. 18 Ed. 3. Rot. Parl. nu 10. 26 in Arch. Turris 28 Ed. 3. Rot. Parl. numb. 27. 38 Ed. 3. Rot. Parl. numb. 26. 6 Edw. 3. Rot. Parl. numb. 4. Lions case 50 Ed. 3. Rot. Parl. nu 17 18. Lord Latimers ease Peachies Case 1 Eliz. Dyer fol. 165. Object 4. The Answer to the forth Object Dyer 44. Statute of Northampton 2 Edw. 3. Object 5. The Answer to the 5. Object Ed. 4. Iulius Caesars Impositions Tiberius the Roman Emperor Caligula Vespasian The Imposition of France The Spanish Impositions Gutturis degabellis Quaest. 174 The D. of Tuskanies Impositions The Impositions by the Pope Sixtus Quintus The Impositions of the Seigniory of Venice Baltholus Baldus The Impositions of the Low countries The Impositions of the Grand Seignior of Turkie The Impositions of Denmark Ezek. 45. Solomon Deut. 17. Buterus contra Machiavill Psa. 144