Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	judge_n	king_n	power_n	3,562	5	5.1146	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87530	A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country.	Jenkins, David, 1582-1663.; R. H.; Heath, Robert, Sir, 1575-1649, attributed name.	1648 (1648)	Wing J595; Thomason E427_17; ESTC R202656	43,342	52

said That the naturall body of the King and his politique make but one body for as long as the naturall body lives the politique is inherent being meerely imaginary and invisible as it is said in Calvins case whereupon I inferre that the Kings politique capacity his body being absent is not in the Parliament And in 10. Eliz. Plowdens 316. it 's affirmed That the law makes not the servant greater then the Master nor the subject greater then the King for that were to subject order and measure since therfore the King hath so undoubted a right to the Crowne and is my lawfull Sovereigne and mine allegiance is due unto the Kings person by the Law of the Land Recognized and acknowledged in so many severall Parliaments in all ages and confirmed by so many undeniable authorities in Law reported in our Books and since it stands proved that mine Allegiance is due unto his naturall person both by the Law of God nature and the law of the Land and can neither be abjured released or renounced being inseparable from the person of the King and indispensably due from me to him I conclude that the Oath which binds me if I take it and keep it to withdraw mine Allegiance from my Leige Lord the King is against the law of the Land and in taking it I not only make an absolute breach upon the law of the Land but also in my judgement I doe thereby incurre the crime of perjury by the law in falsifying my faith and Allegiance to his Majesty King Charles Gods anointed and crowned my naturall liege Lord sovereigne and my lawfull King both by descent Coronation investure and undoubted right which is not onely due to him by the Law of the Land from every of his subjects but every one of them is to take this following Oath for performance of it Viz. You shall sweare that from this day forwards you shall be true and faithfull to our Sovereigne Lord King Charles and his heyres and faith and truth shall beare to him of life and member and terrene honour and you shall neither know nor heare of any ill or dammage intended unto him that you shall not defend so helpe me Almighty God Which forme of Oath every Subject by the Common Law is bound to take as appeares by Britton 5. Edw. 1. cap. 24. And by Andrew Horne in the Mirrour of Justices pag. 226. and in Calvins case as by perusall of their Bookes will appeare and by diverse others which for brevities sake I omit And now Sir I desire to know your opinion likewise whether that by the Common Law both houses of Parliament are in power above the King or where their legall power to dispose of his Majesties person other then to his honour and good according to their duty Oathes Protestations Covenants and Declarations and obedience is to be found I come now to prove that this Oath is against the Law of reason the Law of reason saith Doctor and Student cap. 2. is written in the hearts of every man teaching him what is to be done and what is to be fled And because it is written in the heart therefore it may not be put away nor is it ever changable by any diversity of place or time and therefore against this Law prescription statutes or customes may not prevaile and if any be brought in against it they be no prescriptions statutes nor customes but things done against justice and voyd and in this it differeth from the Law of God for that the Law of God is given by Revelation from God Almighty and this Law is given by a naturall light of understanding and is given principally to direct our actions by for the obtaining of felicity in this life so us we guide them onely by the rule of Justice This Law instract●th us saith the same Author that good is to be done and evill is to be avoided that thou shouldest do● to another that which thou wouldest another should doe to thee That justice is to be done to every man and not wrong that a trespasse is to be punished such like Is it so then that the law of reason directs me that good is to be done and evill is to be avoyded I then conclude that this oath is against this Law for if I by this Oath shall withdraw mine Allegiance and subjection to my King from him I lose the benefit or good I should have by his protection for the rule in Law is Quod Subjectio trahit protectionem quia Rex ad tutelam Legis corporum bonorum erectus est as Fortescue lib. de laudibus legum Angliae c. 13. Obedience of the Subject drawes protectiō from the King the King being ordained for the defence of the Law the bodies goods of his Subjects The holy Scriptures informe me that I must obey my King for conscience sake and this Law teacheth me I must avoid evill but it is evill for me to obey men in taking this Negative Oath which enjoynes me not to obey my King rather then God who enjoynes that duty of obedience therefore I conclude that this Oath is against the Law of reason This Law teacheth me to doe as I would men should doe unto me but if I were a King I would not be dispoyled of the duty and service of my Subjects therefore this Oath enjoynes me to a thing against the Law of reason It is injustice and wrong to take away the Kings right by this Law but this Oath bindes me to take away his right and doe him wrong therefore in this particular also this Oath is against the Law of reason And lastly this Law of reason teacheth me a Trespasser is to be punished it teacheth me also to understand that to take this Oath is to trespasse upon my Kings interest in me as I am his Subject to trespasse upon his Lawes as I am de jure under his government and to trespasse upon his patience and goodnesse if he doe not hereafter punish me for it Therefore I conclude this Oath is against the Law of reason The Law of reason generally taken is a directive Rule unto goodnesse of operation saith Hooker so that by this Law wee ought to direct all our actions to a a good end but by taking this Oath I direct not my actions to a good end therefore I am not to take this Oath by this Law the Law of reason saith Sophocles is such that being proposed no man can reject it as unjust and unreasonable but the King may reject this manner of imposing of Oathes upon his Subjects whereby he isdeprived of their aid and assistance without his assent And the Subjects may reject this Oath as unreasonable and unjust because if they take it they are thereby bound either to breake their Oath which is a grievous sin or to lose the benefit of protection which by the Lawes they may claime and ought to have from their naturall lawfull and sovereigne Liege

redeeme his liber●y would sweare any thing therefore least I should gaine such an opinion and lose my esteem in the world being now brought into that condition that I must be a Souldier I cannot take this Oath by the rules of honour and as it is not honourable in me to take it for the reasons aforesaid so is it against honour that an oath that would bring so much inconveniency of losse of honour and esteeme amongst all men should be offered to any man Quia in juramentis administrandis dantis recipient is eadem est ratio idem jus In administring of Oathes the same reason and law ought to binde the giver as well as the receiver It is also against pollicy either to take or require this oath the life of a Souldier is his honour when that is lost his life is as good as lost by taking this oath a Souldier loseth his honour what King Prince or State will entertaine that Souldier in his pay that hath abjured his naturall Sovereigne Liege Lord or Masters service and allegiance his owne King will never trust him more the adverse party will not trust him nor any other Prince or State whatsoever and therefore in pollicy a Souldier ought not to take this oath And lastly there is no pollicy in pressing this oath upon any for the Parliament gaines no security by taking it for I thinke very few of the Kings party hold that Oath lawfull and then what security to the Parliament in it since no other thing can be expected from him of the performance of an oath given unto him that either doubts the power unlawfull that administred it or that holds the matter or thing he is bound to performe by his oath unlawfull that then he will keep such an oath no longer then till the first time he hath occasion or oppertunity to breake it Nay the same Religion or new light that hath taught him to break the Kings Oath will or may teach him to break the Parliaments Having now made my doubts according to my conscience if I come over and be made a prisoner because I will not take these oathes and covenants or suffer any other prejudice either in mine estate or person for declaring my conscience herein I would and in the case I am I will with holy Job content my selfe saying Naked came I out of my mothers wombe and naked shall I returne thither the Lord gave and the Lord hath taken away blessed be the name of the Lord Job 1. 21. Comforting my selfe with this of the P●almist Who shall ascend into the hill of the Lord or who shall rise up in his holy place even he that hath cleane hands and a pure heart and that hath not lift up his minde unto vanity nor sworne to deceive his neighbour he shall receive the blessing of the Lord and righteousnesse from the God of his salvation Psalm 24. 3 4 5. And according to the instructions of St. Paul 1. Rom 12. 12. Shall rejoyce in hope be patient in tribulation and continue in prayers strengthened with all might according to Gods glorious power unto all patience and long suffering with joyfulnesse Colos. 1. 11. Knowing that all that will live godly in Christ Jesus shall suffer persecution 2 Tim. 2. 12. Taking the Prophets who have spoken in the name of the Lord for ensamples of suffering affliction and patience Jomes 5. 10. And accompting it alwayes thank-worthy if for conscience towards God I endure grief suffering wrongfully for even hereunto are we called because Christ also suffered for us leaving us an example that we should follow his steps 1 Pet. 19. 20. And in this resolution by Gods gracious assistance in peace of a good conscience and in all patience will I abide till my dissolution shall come looking for that blessed hope and appearing of that glory of that mighty God and of our Saviour Jesus Christ Tit. 2. 13. Chusing rather to suffer adversity with the people of God then to enjoy the pleasures of sin for a season Heb. 11. 25. For what shall it profit a man if he shall gaine the whole World and lose his owne Soule Mar. S. 36. In this opinion therfore will I abide putting my whole trust and confidence in God my Lord which executeth justice for the oppressed which gives bread to the hungry and loseth the prisoners for the Lord heareth the poore and dispiseth not his prisoners Psalme 66. 33. and 146. 7. To conclude Sir whereas you signifie unto me that you will returne me a satisfactory answer to my doubts from godly and learned Devines and men of judgement in the Lawes of the Land ● desire you that you will please to take advice only from such Devines as neither have renounced their Orders or obedience to their Ordinaries and such that are without partiallity or hypocrisie in this publique cause and from such Judges and learned Lawyers as serve not the times so much as the truth and such as have not mens persons in admiration because of advantage for I must deale plainly with you that there is great scandall in th●se forraigne parts upon the men of these professions it being reported of the first that they goe about to prophane and blespheme the Church their Mother with stigmaticall imputations of Antichristian impieties and th●● the latter have adulterated the Lawes the Nurses that have fed them applying them to the humors and ends of those that have put them in authority and as the Proph●● Mich. 3 9. saith abhorring judgement and p●v●rting all equity in that they take upon them to give sentence of death upon ●●ose that have served his Majesty according to their duty of Allegiance in these ●at Wa●s as fellons when they have but taken an horse or armes for the Kings service though they tooke them from those that were actually in armes against the Kings Majesty with an intention only to ayd his Majesty against those that had risen up against him and not animo furan●i or with a fellonious intent Nay we heare that some of the Judges lately put into Commission by both Houses of Parliament have delivered it for Law that such a one as hath served the King in these late wars or any such that they call Malignants may not sue for their rights and are incapable to receive justice though they be neither outlawed or committed that whatsoever they recover or purchase before they have made their Compositions ought to be seized on and sequestred to the use of the State I pray you Sir where or in what bookes of the Lawes of England do you reade of such definition of felony or inhabilities or incapacities of the Kings Loyall Subjects Mr. Littleton who reckons up all the inhabilities of the Subjects of England mentions none such neither are any such else where to be found but these men put the Kings Liege and loyall people into a worse condition then slaves villaines or aliens And yet they account it

Lawfull taking and no depredation when any man that hath served both Houses of Parliament in this late war hath plundered or taken any mans goods or estate from him that they did but imagine bare good affection to the King and give their judgements that it is lawfull to seize sequester nay to ●ell away mens estates that have served the King before they have legally convicted them of any offence O horrible perverting of judgement and justice if this be true I pray you sir may it not be saied of these men as the Prophet Amos 3. 10. saith They know not to doe right saith the Lord who store up violence and robbery in their Pallaces that turne judgement into Wormewood and lea●● of righteousnesse in the earth Amos 5 7. and are not they such as Solomon speakes of Prov 4. 16. That they sleepe not except they have done mischiefe and their sleepe is tak●n away un●●sse they cause some to fall for they eat the bread of wickednesse and drinke the wine of violence or as David saith Ps. 58. 2. that weigh the violence of their hands in the earth But Sin I speake not this with referrence to you for I know you to be a man of learning and I heare that you are a man of moderation and I desire you since that you have taken that imployment upo● you to continue so Remember your Oath that thereby you are to dispence justice indifferently to the Kings people according to the knowne and established Lawes of the Land not by arbitrement o● fancy consider the infirmity of your Commission upon what hath been said before set before your eyes the mortallity of the 44 Judges remooved and put to death by King ●●s●●●● for violence injustice and c●rr●p●●●● ac●●d upon the people of this Land ●● his ●●me of whose offences and ●a●a●●●●●s you may read in H●●e his mirrour of Justices behold and weigh the punishment and d●●●●ny of Sir Thomas Weyland Sir R●●ph Heng●a● Sir Iohn L●●●●o● Sir William B●●mpt●● Sir Solomon R●c●●ster Sir ●ic●a●● B●●●●nd and their fellowes ●●flected upon them for their injustice by King Edw. the 〈…〉 Consider the instability of all ●umane estates thinke not that you are in a sure and unque●●io●able 〈…〉 but remember that Iob tells you Iob 1● 18. That the Lord loo●●●● the bonds of King● and guirdeth their loynes wi●● a g●●d●e and I prov you take the counsell of the w●sem●● P. o. ●7 1. Boast not thy ●●●fe ●● to morrow for thou knowest not what a day may ●●ng ●o●th he ●●k ● to St. Iames J● 4 13 Go● to now y●e that say to day or to morrow wee will g●e into such a City and continue there a yeare and buy and sell and get ga●e whereas y●● know not when shall be on the morrow for what is ●●●● life it is even a valour that appeares for a little time and then v●●●sh ●●●way do● just●●● therefore and execute● g●●● us judgements rejoyce not in your 〈…〉 for all such 〈…〉 young i●●v●ll and remember with the same Apostle that to him that knoweth ●●●●● good and doth it not to him it is sin I know you are learned in the L●w●● and a great Student in the holy Scriptures I therefore summe up all with these exhortations but of Gods holy Writ not only to you but to all the Judges of the ● no beginning it with the charge given by Moses to the Judges of Israel Heare the causes between your brethren and judge righteously between every man and his brother and the stranger that is with him yee shall not respect persons in judgement but you shall heare the small as well as the great you shall not be afraid of the face of man for the judgement is Gods Deut. 1. 16. 17 and with the good King Iehosaphat to his Judges 2 Cron 19 6. Take ●eed what you do for yee Judge not for ma● out for the Lord who is with you in the judgement take likewise the Prophets instruction Es●y 1. 17. Learne to do well seek judgement relieve the oppressed judge the fatherlesse plead for the widdow and if these serve no● to perswade you heare Gods owne words Levit. 19. 15. you shall not do unrighteousnesse in judgement thou shalt not respect the person of the poore nor honour the person of the mighty But in righteousnes shall thou judge thy neighbour and ●x●d 23 6 thou shall not wrest the judgement of the poore in his cause nay more follow our blessed Saviours Precept Jo●. 24. Judge not according to the appearance but judge righteous judgement that is according to your Oathes and the knowne and established Lawes of the Land if yee do otherwise you have our Saviours promise that you shall ●e are of it Mat. 7. 2. For with what judgement ye judge yee shall be judged and with what measure yee m●a●e it shall be measured to you againe The adversaries of the Lord shall be broken to pieces out of heaven shall ●e thunder upon them the Lord shall judge the ends of the earth and shall give strength u●to the King and exa●t the ho●●●● of his Anointed for God himselfe is Judge Psal. 50 6. and he shall judge the world in righteousnesse Psal. 9. 8. to whose protection I commit you and to whom with our blessed Saviour Jesus Christ and the blessed Spirit be all honour and glory world without end Amen FINIS Negative Oath against the Lawe of God Negative Oath against the Law of nature Negative Oath is against the Law of England

the same that from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and sovereigne Lord of this land for the time being in his person and doe him true and faithfull service of allegiance in the same or bee in other places by his commandement in his Warres within this Land or without that for the said deed and true duty of allegiance he or they be in no wise convict or attaint of high Treason ne of other offences for that cause by act of Parliament or otherwise by any processe of Law whereby he or any of them shall forfeit life lands tenements rents possessions hereditaments goods chattels or any other things but to be for that deed and service utterly discharged of any reparation trouble or losse And if any act or acts or other processe of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then the act or acts or other processe of Law whatsoever they shall be stand and be utterly voyde provided alway that no person or persons shall take any benefit or advantage by this act which shall hereafter decline from his or their allegiance And Sir here I desire to know your opinion in your indifferent judgement upon this Law whether I need to sue out any pardon or compound for mine estate having done nothing but the duty of myne allegiance to my naturall King By the statute of 24. Hen. 8. cap. 12. It is expressed that by diverse sundry old authentique Histories and Chronicles it is manifestly declared that this Realme of England is an Empire and so hath been accepted in the World governed by one supreame head and King having the dignity and royall estate of the imperiall Crowne of the same unto whom a body politick compact of all sorts and degrees of people divided in tearmes and by names of spiritualty and temporalty beene bounden and given to beare next to God a naturall and humble obedience he being also instituted and furnished by Gods goodnesse with plenary whole and intire power preheminencie authority prerogative and jurisdiction to render and yield justice and finall determination to all manner of folkes resiants or subjects within this Realme in all causes matters debates and contentions happening or accruing within the lymits thereof By the statute of 26. Hen. 8. cap 1. It is declared in ●u●l Parliament that King Henry 8. was justly and rightfully ought to be supreame head of the Church of England and that he being their Sovereigne Lord his heyres and successors Kings of this Realme should be so accepted and taken and should have and enjoy as united and annexed to the imperiall Crowne of this Realme as well the title and stile thereof as all honours dignities preheminencies jurisdictions priviledges authorities immunities profits and commodities to the said dignitie of the same supream head of the said Church belonging or in any wise appertaining Which statute was confirmed and inlarged in some perticulars by the Acts of Parliament of 28. Hen. 8. cap. 10. and 35. Hen 8. cap. 1. By the Statute of 25. Hen. 8. cap. 22. the Parliament moved King Hen. 8. to foresee and provide for the profit and surety both of himselfe and of his most lawfull succession and heyres upon which depended all their joy and wealth and in whom they acknowledged was united and knit the onely meere true inheritance and title of this Realme without any contradiction wherefore wee say they your said most humble and obedient subjects in this present Parliament assembled calling to remembrance the great divisions which in times past have beene in this Realme by reason of severall titles pretended to the imperiall Crowne of the same which sometimes and for the most part ensued by occasion of ambiguity and doubts then not so perfectly declared but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence contrary to the right legallity of succession and posterity of the lawfull Kings and Emperors of this Realme whereof hath ensued great effusion of mans blood as well of a great number of the Nobles as other of the subjects of the Realme c. By the statute of 27. Hen. 8. cap. 24. intituled an act for recontinuing of certaine liberties and franchises heretofore taken from the Crowne it is thus enacted 27. Hen. 8. where diverse of the most antient prerogatives and authorities of justice appertaining to the imperiall Crowne of this Realme have been severed and taken from the same by sundry gifts of the Kings most noble progenitors Kings of this Realme to the great diminution and detriment of the Royall estate of the same and to the hinderance and great delay of justice For reformation whereof be it enacted by authority of this present Parliament that no person or persons of what estate or degree soever they be of from the first day of July which shall be in the yeare of our Lord God 1536. shall have any power or authority to pardon or remit any treasons murders manslaughters or any kinde of follonies whatsoever they be Not any accessaries to any treasons murders manslaughters or fellonies or any utlayers for any such offences aforesaid committed perpetrated done or divulged or hereafter to be committed done or divulged by or against any person and persons in any part of this Realme Wales or the Marches of the same but that the Kings highnesse his heyres and successors Kings of this Realme shall have the whole and sole power and authority thereof united and knit to the imperiall Crowne of this Realme as of good right and equity it appertaineth any grants usages prescription act or acts of Parliament or any other thing to the contrary hereof notwithstanding Out of which statute I collect that no pardon whatsoever but the Kings can free me from his punishment if I have offended him against my allegiance by the reading of which Statute I doubt not but you will be satisfied that I neede not take a pardon from both houses of Parliament and if I should I can do my selfe no good by it but I should thereby make my selfe a traytor upon Record to mine owne perpetuall shame and ruine for every pardon you know if it be sued out before conviction is a confession of the fault and if pardon be not good in law ye● it being a matter of record the treason thereby stands confessed and the Kings Attourny may in after times take advantage of it because I have confessed it by suing out the pardon And it is also enacted by the authority of the said Parliament that no person or persons of what estate degree or condition soever they bee from the said first day of July shall have any power or authority to make any Justices of Oyre Justices of Assise Justices of Peace or Justices of Gaole-delivery but that all such officers and ministers shall be made by Letters patents under the Kings great Seale in the