Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	henry_n	king_n	law_n	2,736	5	4.6988	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80836	[Analēpsis anelēphthē] the fastning of St. Petrrs [sic] fetters, by seven links, or propositions. Or, The efficacy and extent of the Solemn League and Covenant asserted and vindicated, against the doubts and scruples of John Gauden's anonymous questionist. : St. Peters bonds not only loosed, but annihilated by Mr. John Russell, attested by John Gauden, D.D. the league illegal, falsly fathered on Dr. Daniel Featley: and the reasons of the University of Oxford for not taking (now pleaded to discharge the obligations of) the Solemn League and Covenant. / By Zech. Crofton ...	Crofton, Zachary, 1625 or 6-1672.	1660 (1660)	Wing C6982; ESTC R171605	137,008	171

of Parliaments judiciously defended in our very case by that profound Lawyer Mr. William Prynne approved no less Loyal to and Zealous for the Kings Prerogative than Loving to the Peoples Liberties I see not how we can avoid this Conclusion That the Votes Orders and Ordinances of the Lords and Commons in Parliament even without or against the Kings personal command is to be obeyed and observed Lastly When I observe the Transactions of Parliament in the times of Vortiger Sigebert Ofred Beornerde Edwin and Edgar and other Saxon Kings Deo dictante annuente populo the power of Parliaments in the times of King John King Henry the third Richard the second and other Kings of England refusing to assemble at the Kings Call assembling without the Kings Writ establishing Laws correcting Vice and Misdemeanour executing Justice and entring into Oaths and Covenants without and against the Kings consent and when I observe in all Parliaments a power of regulating the Kings Court and Council of restraining limiting and enlarging the Kings power of Jurisdiction and Prerogative nay of making void or valid a Title unto the Succession to the Crown as in the times of Henry the eighth in case of his many marriages and that during the Session of Parliament all Laws are under covert at their feet to be by them established or destroyed and are by any Vote or Order superseded before a formal Repeal and that in all Ages and on all sides it is confessed and cannot be denied that the authority of Parliament is exercis'd in al Votes Orders and Ordinances of the two Houses unto the decision of present controversies upon Appeal from other Courts of Judicatory wherein they can and may authorize Examinations on Oath and make a final judgement unto the ease and relief of the Subject not otherwhere relievable unto the enforcement of any Act to be at present done and executed for the good of the Kingdom or any particular persons or society thereof without so much as desiring the Kings consent and concurrence and if this power should be denied what could the freuqency of Parliaments provided for by the old Law of King Alfred and after by the Statutes of 4. Ed. 3.4.36 Edw. 140. twice or at least once every year on this very ground that the people might receive right by holy judgment such was the judgment of Parliament deemed and that the mischiefs and grievances which daily happen might be redressed if need be on which account Proclamation was wont to be made in the open Palace before the breaking up of Parliament Whether there be any that have delivered a Petition to the Parliament and not received answer thereunto And this power removed what will avail the Triennial Parliaments conceded by His late Majesty or of what benefit was the continuation of this late long Parliament against all Casualties whatsoever that might fall out to dissolve them Can it be rationally imagined that their being should be continued and secured to sit within those Walls in Council and Debate without any power to order or execute the Emergent Affairs of the Nation These things well considered I s y I see not how the imposing an Oath can be an assuming or the people swearing an acknowledging of a greater power than hath in former times been challenged If these Gentlemen will consult our own Histories in the cases before touched they will find a power much greater not only challenged but assumed and exercised the which the season and present state of Affair do forbid me to recite in hopes that there will be no need to rip up our wounds newly healed and these generals may I hope sufficiently justifie the sufficiency of that authority which brought us into Covenant But these learned men suggest an inconsistency of this power with their former Protestation in sundry material Branches Methinks Sir they should have specified those Branches and the rather because material and many The Protestation contains not many Branches and those few seem to be fully conform to this Covenant in all the particulars and wherein they have supposed a contrariety we have before evidenced only a dissonancy at the most and that Ratione not Re in the manner of expression not the thing sworn they then protested to preserve the power and priviledges of Parliament and should not covenant any more nay scarce so much in this Oath for they herein promise to preserve the Rights and Priviledges which is something softer than power and I wonder they that then saw a power to be preserved could not now see a right I will only enquire whether they thought the Parliament had a power to impose that Oath and not a right to impose this There was no Act of Parliament nor Assent of the King to that I observe the King in His Messages to the Houses doth note it to be their own Protestation as if He had no hand in it nor consent unto it and if by power they should mean natural strength not political authority it hath been urged by many as their grievance and by these Gentlemen themselves in the foregoing Exceptions that they had too much of that It is the unhappiness of a scrupulous conscience to run it self on contradiction in actions as well as assertions to swear as lawfully called at one time but not to dare to swear an Oath containing the same matter though called by the same authority another time But that which was the greatest doubt with these learned men was Pag. ibid. 4. the King by His Proclamation Octob. 9.19 Carol. had expressely forbidden the entring into this Covenant it being in His power to make void the same That such an Interdict had been published by His late Majesty we cannot deny League Illegal p. 16. but not as Dr. Featly his ghost supposeth on pain of Treason for no Proclamation of the Kings of England did claim the formality of a Law so far as to fasten Treason on the non-observance of what is thereby enjoyned 2. I am not satisfied how regularly His Majesty did issue forth the said Proclamation which is not usually done but by the advice of His Council who are vailed by the Session of Parliament and all Proclamations then usually run by the Advice of the Lords and Commons in Parliament assembled and if at any time the Lords and Commons or either of them during their Sessions give out Orders not only relating to the Estate they represent but to any others the Subjects of this Realm it hath not been usual for the King by the Authority of His Proclamation to thwart oppose and void them and in a case of this nature a good observer may find the Parliament have judged the Kings opposing or taking notice of any thing by them debated or ordered before it is regularly propounded to Him by themselves to have been a breach of priviledge and so to have been acknowledged and as such retracted by His late Majesty the little pleasure I have

of Covenanting The particle Such seems to carry it to the quality of the Covenant in respect of the matter covenanted which afterward is particularly and in its proper place excepted against But the words of the Covenant suggested by this exception to be false do relate unto the act of covenanting as we have now at last for the preservation of our Religion determined to enter into a not such a mutual and Solemn League and Covenant And the place of this exception is in the beginning of their exceptions unto the Preface which may be said to be no part of the Covenant and therefore admits not an exception to the quality of such a Covenant Moreover the next exception puts it out of doubt that these words relate to the act of Covenanting in which they profess they finde not in our Histories any footsteps of a sworn Covenant on any occasion whatsoever So that it seems to be the Act of covenanting by Oath which they cannot conceive to be a lawful proper and probable means to preserve Religion from ruine Surely then Sir the weather was very misty about Oxford and made their minds very muddy that they could not conceive entring into Covenants and Solemn Leagues dictated by the light of nature and directed by the Law of God pursued and practised by all Nations and by Israel in the cases of their Religion as the utmost of humane policy and highest of security to their priviledges endangered as a method detecting concealed enmity debarring fraud expressing affection engaging conscience and animating resolution to be a lawful proper and probable meanes of security If it be good and safe as to our Civil I hope it is no less probable in our Religious concernments If Sir I had been to deale with one single student I must have told him That he started this exception more like a Sophistical Disputant than a conscientious Dubitant Fourthly They could not believe the entring into this Covenant to be according to the commendable practice of these Kingdoms 4th Exception in the Oxford Reasons or the example of Gods people in other Nations for that they found not the least footstep in our Histories of a sworne Covenant ever entred into by the people of this Kingdom upon any occasion whatsoever nor could they readily remember any commendable example of the like done in any other Nation but are rather told by the Defenders of the Covenant that the world never saw the like before Whither Sir Answer will not prejudice carry men I cannot but wonder to finde the Masters Students c. of Oxford so much unacquainted with Histories as neither to finde in our own or other Histories a commendable example of Entring into Covenant I may not mind them of the Covenant made by the Nobles and people of Scotland among themselves and with Queen Elizabeth of England under and against the Papal might executed by the then Queen Regent nor of the Netherlands confederacy and Covenant These will not seem commendable in their sight now though so judged when England became their protection and encouraged nay defended them in them Let me therefore enquire whether they knew Israel to have been Gods people of another Nation and that they entered into Covenant in the time of the Judges in the dayes of Joash Josiah Hezekiak and Nehemiah in times of danger and defection in their Civil and Religious concernments And was their practice commendable 2. Did our Gentlemen of Oxford never finde any footsteps in our Histories concerning the Barons of Stamford Anno 1225. assembled not only without but against the Kings consent and covenanted each with other to demand the restitution of their Liberties whereupon a Parliament was holden at Northampton to give them satisfaction And again did they never finde in our Histories how in Anno 1258. they Assembled at Oxford agreed on Articles viz. The confirmation of the Charter de Foresta 2. The establishing of a Lord Chief Justice who might judge them by Law 3. The driving Aliens and Strangers out of England and the like and that they confederated by Oath and gave their hands and mutual faith one to the other Matth. Paris Hist Aug. p. 940 941 952 653. that they would not desist to prosecute their purpose for loss of money or Lands nor love nor hate no nor yet for life of them or theirs till they had cleared England of Strangers and procured laudable Laws And under this Covenant they brought the Kings Brother Richard King of Romans and Earle of Cornwall and caused him to sweare upon the Holy Gospels this formal Covenant Hear all men that I Richard Earle of Cornwal swear upon the Holy Gosples to be faithful and forward with you to Reforme the Kingdom of England hitherto by the counsel of wicked men so much deformed and I will be an effectual coadjutor to expell the Rebels and troublers out of the same Both these our Histories say were in the time and without the consent of King Henry the 3d. Not to trouble our Reader with the like in the time of King John King Richard the 2d and other Princes I must desire the Gentlemen of Oxford to tell us whether these were not people of England and these be not visible foot-marks of some Covenant of the people of England on some occasion And if they shall question whether they be commendable examples let them please to observe the commendable Epethite our Historian gives upon the last of these Covenanters calling them Angliae Republicae Zelatores But the defenders of the Covenant told them that the world never saw the like before I but they did not tell them that there are no footsteps of any Covenant made on any occasion whatsoever And if they had were the Masters and Students in Oxford resolved into such an implicite Faith as to believe an Enemy But I wonder these Masters of Reason had so little Reason as to conclude a general from the concession of a special Their Margent explaineth the concession of the defenders of the Covenant in these termes Such an Oath for matter persons and other circumstances the like hath not been in any Age or Oath we reade of in Sacred or humane Stories Know they not that there is a vast difference between the general form of an Oath or Covenant and those special Qualifications which may circumstance it and that a dissimilitude in the last will not conclude that there never was a Sworn Covenant on any occasion but sit verbum sat sapienti Thus Sir notwithstanding these learned Suggestions of the falsehood of the Preface and in it of the assertory part of the Covenant it yet continueth lawful because true and is our encouragement and assurance that the promissory part will be answerable For as in rational conclusions so I hope in Religious resolutions we shall find à veris vera sequuntur Subsectio Tertia The promissory part of the Covenant is in these six Articles I. THat we shall sincerely