Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	law_n	oath_n	4,004	5	7.8571	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A62025	Reasons of the present judgement of the Vniversity of Oxford concerning The Solemne League and Covenant, The Negative Oath, The Ordinances concerning discipline and vvorship : approved by generall consent in a full convocation, 1, Jun. 1647, and presented to consideration.; Judicium Universitatis Oxoniensis. English	Sanderson, Robert, 1587-1663.; Zouch, Richard, 1590-1661.; Langbaine, Gerard, 1609-1658.; University of Oxford.	1647 (1647)	Wing S624; ESTC R183228	29,783	44

drawn from the Analogie of other Courts wherein the Kings Power is alwayes supposed to be virtually present under submission we conceive it is of no consequence 1. The Arguments à minore and à majore are subject to many fallacies and unlesse there be a parity of reason in every requisite respect between the things compared will not hold good A Pety Constable they say may doe something which a Justice of Peace cannot doe And the Steward of a pety Mannour hath power to adminster an Oath which as we are told the House of Commons it self hath no power to doe 2. That the high Court of Parliament is the supream Judicatory we have been told it is by vertue of the Kings right of presiding there he being g the Supream Iudge and the Members of both House his Councell Which being so the reason of difference is plaine between that and other Judicatories in sundry respects 1. The Judges in other Courts are deputed by him and doe all in his name and by his authority and therefore the presence of his power in those Courts of ministeriall Jurisdiction is sufficient his personall presence not necessary neither hath he any personall vote therein at all But in the high Court of Parliament where the King himself is the Supreme Judge judging in his own name and by his own authority his Power cannot be presumed to be really present without either the actuall presence of his person or some virtuall representation thereof signified under his great Seal 2. The Judges in inferiour Courts because they are to act all in his name and by his Authority doe therefore take Oathes of fidelity for the right exercising of Judicature in their severall places sitting there not by any proper interest of their owne but only in right of the King whose Judges they are and therefore they are called the Kings Judges and his Ministers But in the high Court of Parliament the Lords and Commons sit there in Councell with the King as Supreme Judge for the good of the whole Realm and therefore they are not called the Kings Judges but the Kings Councell and they have their severall proper rights and interests peculiar and distinct both between themselves from that of the Kings by reason whereof they become distinct h Orders or as of late times they have been stiled in this sense as we conceive i three distinct Estates Each of which being supposed to be the best Conservators of their own proper interest if the power of any one Estate should be presumed to be virtually present in the other two that Estate must needs be in inevitably liable to suffer in the proper Interests thereof Which might quickly prove destructive to the whole Kingdome The safety and prosperity of the whole consisting in the conservation of the just rights and proper interests of the maine parts viz. The King Lords and Commons inviolate and entire 3. The Judges of other Courts for as much as their power is but ministeriall and meerly Judiciall are bounded by the present Lawes and limited also by their owne Acts so as they may neither swerve from the Laws in giving Judgement nor reverse their owne Judgements after they are given But the High Court of Parliament having by reason of the Kings Supreme Power presiding therein a Power Legislative as well as Judiciall are not so limited by any earthly Power but that they may change and over-rule the Lawes and their own Acts at their pleasure The Kings Personall assent therefore is not needfull in those other Courts which are bounded by those Lawes whereunto the King hath already given his personall assent but unto any Act of Power beside beyond above or against the Lawes already established we have been informed and it seems to us very agreeable to reason that the Kings Personall Assent should be absolutely necessary Forasmuch as every such Act is the exercise of a Legislative rather then of a Judiciall power and no Act of Legislative power in any Community by consent of all Nations can be valid unlesse it be confirmed by such person or persons as the Soveraignty of that Community resideth in Which Soveraignty with us so undoubtedly resideth in the person of the King that his ordinary style runneth Our k Soveraign Lord the King And he is in the Oath of Supremacie expresly acknowledged to be the onely Supreme Governour within his Realmes And we leave it to the wisdome of others to consider what misery and mischief might come to the Kingdome if the power of any of these three Estates should be swallowed up by any one or both the other and if then under the name of a Judiciall there should be yet really exercised a Legislative power 4. Since all Judiciall Power is radically and originally in the King who is for that cause styled by the Lawes l The Fountaine of Iustice and not in any other Person or Persons but by derivation from him it seemeth to us evident that neither the Judges of inferiour Courts of ministeriall Justice nor the Lords and Commons assembled in the High Court of Parliament may of right exercise any other power over the Subjects of this Realm then such as by their respective Patents and Writs issued from the King or by the known established Laws of the Land formerly assented unto by the Kings of this Realm doth appear to have been from him derived unto them Which Lawes Patents and Writs being the exact boundary of their severall Powers it hath not yet been made appeare to our understandings either from the Lawes of the Realme or from the tenour of those Writs by which the Parliament is called that the two Houses of Parliament have any power without the King to order command or transact but with him m to treat consult and advise concerning the great affairs of the Kingdome In which respect they have sundry times in their Declarations to His Majesty called themselves by the name of His great Councell And those Lawes and Writs are as we conceive the proper Topick from which the just power of the Honourable Houses can be convincingly deduced and not such fraile Colletions as the wits of men may raise from seeming Analogies and Proportions VIII Of the Negative Oath WE are not satisfied how we can submit to the taking of the Negative Oath 1. Without forfeiture of that liberty which we have sworne and are bound to preserve With which liberty we conceive it to be inconsistent that any obligation should be laid upon the Subject by an oath not established by Act of Parliament 2 Without abjuring our a naturall Allegiance and violating the Oathes of Supremacy and Allegiance by us formerly taken By all which being bound to our power to assit the King we are by this Negative Oath required to swear from our heart not to assist him 3. Without diminution of His Majesties just Power and greatnesse contrary to the third Article of the Covenant by

defenditur Iure mente ROM. 14. 22. Happy is he that condemneth not himselfe in that which he alloweth THE END ERRATA Page 23. marg. read Haeretici pag. 24. l. 12. read Ecclesiasticall p. 24. l. 27. r. declared against Episcopacie p. 26. l. ult. marg. r. Hen. 3. p. 28. 1. 24. r. be inevitably a Such an Oath as for Matter Persons and other Circumstances the like hath not been in any Age or Oath we read of in sacred or humane stories M. Nye Covenant with Narrative pag. 12. a Pactum est duorum pluriúmve in idem placitū consensus L. 1. ff. de Pactis b Whereas many of them have had an oath administred unto them not warrantable by the Lawes and Statutes of this Realme They doe humbly pray that no man hereafter be compelled to take such an oath All which they most humbly pray as their rights and liberties according to the Lawes and Statutes of this Realme Petit. of Right 3. c It is declared 16 Ian. 1642. That the King cannot compell men to be sworne without an act of Parliament Exact Collect. pag. 859 860. d Proclam of 9. Octob. 19. Car. a viz. In accounting Bishops Antichristian and indifferent Ceremonies unlawfull b viz. In making their discipline and government a mark of the true Church and the setting up thereof the erecting of the throne of Christ c Let us not be blamed if we call it Parliament Religion Parliament Gospel Parliament Faith Harding confut of Apology part 6. Chap. 2. d Stat. 13. Eliz. 12. e Such jurisdictions privileges superiorities and preheminences spirituall and ecclesiasticall as by any c. for the Visitation of the Ecclesiasticall State and Persons and for reformation order and correction of the same and of all manner errors heresies schismes abuses offences contempts and enormities shall for ever by authority of this present Parliament be united and annexed to the Imperiall Crown of this Realme An Act restoring to the Crowne the antient Jurisdiction c. 1 Elizab. I. a Art 36. b give advantage to this Malignant party to traduce our Proceedings They infuse into the people that we mean to abolish all Church-Government Remonst 15. Dec. 1641. Exact Collect. pag. 19. The Lords and Commons doe declare That they intend a due and necessary Reformation of the Government and Liturgie of the Church and to take away nothing in the one or in the other but what shall be evill and justly offensive or at least unnecessary and burthensome Declar. 9. Apr. 1642. Exact Coll. p. 135. c Statut. of Carlile 25. E. 1. recited 25. E. 3. d They infuse into the people that we mean to leave every man to his own fancie absolving him of that Obedience which he owes under God unto His Majesty whom we know to be entrusted with the Ecclesiasticall Law as well as with the Temporall Exact Collect. ubi sup p. 19. e That he will grant keep and confirm the Laws Customes and Franchises granted to the Clergie by the glorious King S. Edward And that he will grant and preserve unto the Bishops and to the Churches committed to their charge all Canonicall Privileges and due Law and Iustice and that he will protect and defend them as every good King in his Kingdome ought to be Protector and Defender of the Bishops and the Churches under their Government Vide Exact Coll. p. 290 291. f See Stat. 25. H. 8. 20. 1. E. 6. 2 g See Stat. 39. Eliz. 8. h Stat. 14. E. 3. 4. 5. 17. E. 3. 14 i Stat. 26. H. 8. 3. 1. Eliz. 4. k Supremam potestatem merū imperium apud nos habet Rex Cambd. Whereas by sundry divers old authentique Histories Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supream Head and King having the dignity and royall estate of the Imperiall Crown of the same Stat. 24. H. 8. 12. See also 1 Elizab. 3. a The Lords Commons doe declare That they intend a due and necessary Reformation of the Liturgie of the Church and to take away nothing therein but what shall be evill and justly offensive or at least unnecessary and burthensome Declarat 9. Apr. 1642. Exact Coll. pag. 135. c From whence it is most evident that the Rights and Privileges of the Parliaments and Liberties of the Kingdom are in the first place to be preserved Answ. to Scotish Papers 18. Nov. 1646. page 21. d We observe you mention the defence of the King twice from the Covenant yet in both places leave out In the preservation and c. pag. 39. 46. a maine clause without which the other part ought never to be mentioned pag. 56. a Haeretici nec Deo nec hominibus servant fidem Speciatim hec addo Calvinistas in hac re deteriores esse quàm Lutheranos Nam Calvinistae nullam servant fi●em Iura perjura Lutherani moderatiores sunt Becan 5. Manual Controv. 14. 2. 4. c. b Invent Oathes and Covenants for the Kingdome dispence with them when he pleaseth sweare and forsweare as the wind turneth like a godly Presbyter Arraig of Perfec in Epist. Ded. c By the Covenant both Houses of Parliament many thousands of other His Majesties Subjects of England and Ireland stand bound as well as we to hinder the setting up of the Church-Government by Bishops in the Kingdome of Scotland And that we as well as they stand bound to endeavour the extirpation thereof in England and Ireland Scots Declar. to the States of the United Provinces 5. Aug. 1645. recited in Answer to the Scots Papers pag. 23. d The old formes of Acts of Parliam were The King willeth provideth ordaineth establisheth granteth c. by the assent of Parliament c. See Statutes till 1 H. 4. After that The King of the assent of the Lords Spirituall and Temporall and at the speciall instance and request of the Commons of this Realm hath ordained c. See Statutes 1 H. 4. till 1 H. 7. A forme of such Petition of the Commons see 1 R. 3. 6. Prayen the Commons in this present Parliament assembled that where c. Please it therefore your Highnesse by the advice and assent of the Lords Spirituall and Temporall in this your present Parliament assembled and by the authori●y of the same to ordaince c. No Bill is an Act of Parliament Ordinance or Edict of Law although both the Houses agree unanimously in it till it hath the Royall Assent Ancient Customes pag. 54. Assemblee de ceux troys Estats est appellee un Act de Parliament car sans touts troys nest ascun Act de Parl. Finch Nomotech fol. 21. We admit that no Acts of Parliament are complete or formally binding without the Kings assent H. P. Answer to David Ienkins pag. 6. e Which if your Majesty shall be pleased to adorne with your Majesties Royall assent without which it can neither be complete and perfect nor Stat. 1. Jac. 1. f Stat. 33. H. 1. 21. g Dominus Rex habet ordinariam jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Ea quae jurisdictionis sunt pacis ad nullum pertinent nisi and coronam dignitatem Regiam nec à coronâ separari possunt Bracton cited by Stamford lib. 2. cap. 2. h For in our Lawes the Clergie Nobility Communalty are the 3. Estates We your said most loving faithfull and obedient Subjects viz. the Lords Spirituall and Temporall and the Commons representing your Three Estates of your Realme of England 1 Eliz. 3. the State of the Clergie being one of the greatest States of this Realme 8 Eliz. 1. i See Fin●h supra ad lit. d k The Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the Regality of the said Crowne 16 R. 2. 5. Omnis sub eo est ipse sub nullo nisi tantùm sub Deo Parem autem non habet Rex in regno suo quia Item nec multò fortiùs superiorem aut potentiorem habere debet quia sic esset inferior suis subjectis Bracton conten 1. Rubr. 36. Cui {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} legibus ipsis legum vim imponendi potestatem Deus dedit Finch Nomotech in Epist. Dedic. to K. Iames l Fons Iustitiae Bracton By War to intend the alteration of the Lawes in any part of them is to levy War against the King and consequently Treason by the Statute of 25 E. 3. because they are the Kings Lawes He is the fountaine from whence in their severall channels they are derived to the Subject Master Saint John's Speech concerning the Earle of Strafford page 12. m Et ibidem vobiscum colloquium habere tractare super dictis negotiis tract vestrumque consilium impensur Writ to the Lords a Every Subject by the duty of his Allegiance is bounden to serve and assist his Prince and Soveraigne Lord at all seasons when need shall require 11 H. 7. 18. Stat. 1. El. 1. 1 Cor. 5. 1. c. 1 Cor. 11. 28. c. * Stat. 23. Eliz. 1. 29. Eliz. 6. 35 El. 1. 2. 3 Iac. 4. 5.

upon our Religion 1. That we practice that our selves which we condemne in the Papist viz. Swearing with Jesuiticall equivocations and mentall reservations 2. That we take the glorious and dreadfull Name of God in vaine and play fast and loose with Oathes in as much as what we swear to day in one sense we may swear the direct contrary to morrow in another And 3. It will give strength to that charge which is layd to the Presbyterian party in speciall both a by Iesuites and b Sectaries that there is no faith to be given to Protestants whatever they swear because they may swear one thing in their Words and in their own sense mean another The second way is to take the Covenant with these or the like generall Salvo's exp●essed viz. So far as lawfully I may So far as it is agreeable to the Word of God and the Lawes of the Land Saving all Oathes by me formerly taken c. But 1. We beleeve this mocking of God would be so far from freeing us from the guilt of Perjury that thereby we should rather contract a new guilt of most vile and abominable Hypocrisie 2. It seemeth all one unto us the thing being otherwise supposed unlawfull as if we should swear to kill steal commit adultery or forswear our selves so far as lawfully we may 3. If this would satisfie the Conscience we might with a good Conscience not only take the present Covenant but even subscribe to the Councell of Trent also yea and to the Turkish Alcoran and swear to maintain and defend either of them viz. so far as lawfully we may or as they are agreable to the Word of God Thirdly for the second Article in particular in the branch concerning the extirpation of Church-Government we are told that it is to be understood of the whole Government taken collectively and in sensu composito so as if we doe endeavour but the taking away of Apparitors only or of any other one kind of inferiour officers belonging to the Ecclesiastcall Hierarchy we shall have sufficiently discharged our whole promise in that particular without any prejudice done to Episcopacy But 1. Neither the composers of the Covenant by their words nor the imposers of it by their Actions have given us the least signification that they meant no more 2. Yea rather if we may judge either by the cause or the effects we may well think there was a meaning to extirpate the whole government and every part thereof in the Article expressed For 1. The Covenant being as we have no cause to doubt framed at the instance of the Scots and for the easier procuring of their assistance in the late War was therefore in all reason so to be framed and understood as to give them satisfaction considering what themselves have c declared against Episcopacy we have little reason to beleeve the taking away Apparitors or any thing lesse then the rooting out of Episcopacy it self would have satisfied them 2. The proceedings also since the entring of this Covenant in endeavouring by Ordinance of Parliament to take away the Name Power and Revenues of Bishops doe sadly give us to understand what was their meaning therein Fourthly as to the scruples that arise from the Soveraignty of the King and the duty of Allegiance as Subjects we find two severall wayes of answering but little satisfaction in either 1. The former by saying which seemeth to us a piece of unreasonable and strange Divinity that Protection and Subjection standing in relation either to other the King being now disabled to give us protection we are thereby freed from our bond of subjection Whereas 1. The Subjects obligation Ius subjectionis doth not spring from nor relate unto the actuall exercise of Kingly protection but from and unto the Princes obligation to protect Ius Protectionis Which obligation lying upon him as a duty which he is bound in conscience to performe when it is in his power so to doe the relative obligation thereunto lyeth upon us as a duty which we are bound in conscience to performe when it is in our power so to doe His inability therefore to performe his duty doth not discharge us from the necessity of performing ours so long as we are able to doe it 2. If the King should not protect us but neglect his part though having power and ability to perform it his voluntary neglect ought not to free us from the faithfull performance of what is to be done on our part How much lesse then ought we to think our selves dis-obliged from our subjection when the Non-protection on his part is not from the want of will but of power 2. The later wherein yet some have triumphed by saying that the Parliament being the supreme Judicatory of the Kingdome the King wheresoever in person is ever present there in his power as in all other Courts of Justice and that therefore whatsoever is done by them is not done without the King but by him But craving pardon first if in things without our proper sphere we hap to speak unproperly or amisse We mustnext crave leave to be still of the same mind we were till it shall be made evident to our understandings that the King is there in his power as it is evident to our senses that he is not there in his Person Which so far as our naturall reason and small experience will serve us to judge all that hath been said to that purpose can never doe For first to the point of presence 1. We have been brought up in a beliefe that for the making of Lawes the actuall d Royall assent was simply necessary and not onely a virtuall assent supposed to be included in the Votes of the two Houses otherwise what use can be made of his Negative voice or what need to e desire his Royall assent to that which may be done as well without it 2. The f Statute providing that the Kings assent to any Bill signified under his great Seal shall be to all intents of Law as valid effectual as if he were personally present doth clearly import that as to the effect of making a Law the Kings Power is not otherwise really present with the two Houses then it appeareth either in his Person or under his Seal Any other real presence is to us a riddle not much unlike to that of Transubstantiation an imaginary thing rather devised to serve turnes then believed by those that are content to make use of it 3. Such presence of the King there when it shall be made appeare to us either from the writs whereby the Members of both Houses are called together or by the standing Lawes of the Land or by the acknowledged judgement and continued practice of former and later ages or by any expresse from the King himself clearly declaring his minde to that purpose we shall then as becometh us acknowledge the same and willingly submit thereunto And as for the Argument