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	prince_n	4,240	5	5.7426	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49781	The right of primogeniture, in succession to the kingdoms of England, Scotland, and Ireland as declared by the statutes of 24 E.3 cap 2. De Proditionibus, King of England, and of Kenneth the third, and Malcolm Mackenneth the second, Kings of Scotland : as likewise of 10 H.7 made by a Parliament of Ireland : with all objections answered, and clear probation made : that to compass or imagine the death, exile, or disinheriting of the King's eldest son, is high treason : to which is added, an answer to all objections against declaring him a Protestant successor, with reasons shewing the fatal dangers of neglecting the same.	Lawrence, William, 1613 or 14-1681 or 2.	1681 (1681)	Wing L691; ESTC R1575	180,199	230

his whole Reign after the same was a perpetual Contention by him to raise his Prerogative to an Arbitrary Power Destructive to all Liberty and Propriety of his Subjects which he had Confirmed to them by Oath Charter and Act of Parliament and instead of asking a Dispensation of the Pope to Levy Taxes on the Subjects without their Consent in Parliament he took the easier way and dispensed with the Pope to Levy on them what he would and give him a share So the poor Subjects paid double whereas if they had paid only to the Pope or only to the King they had only born a single burden but now they Complained as the History mentioneth Shepheard and Woolf confederated to share the Sheep That the Shepheard and the Woolf Confederated both to destroy the Sheep and the Pope continually levied so many insupportable Taxes on them to maintain his Wars against the Emperor that both Clergy and Layety address'd their heavy Complaints of him to the King himself but the King was so far from relieving them that he offer'd the Pope's Legat to deliver up to him the Chief Opposers who now by the King's Animation grew more insolent to oppress them than before Henry the 3d. being dead his Son Edward the First Succeeded him a King Renowned for his Valour and Wisdom against his Enemies yet Dissentions with his Subjects hindred that Valour and from extending themselves to that degree of Glory they might have otherwise arrived neither is it only Valour and Wisdom unless Justice is likewise joyned can make a People happy in their Prince or himself happy in them Edward the First a Papist King forswore himself to his Papist Subjects He likewise took the same Oath for preservation of Laws and Liberties as his Father and Grandfather had done but whether seduced by their Example or their Evil Counsellors as he had imitated them in the taking so likewise did he in the Violation of his Oath for as his Father had done before him notwithstanding his Oath and Complaints by his Subjects of the Pope's oppressions he and the Pope as his Father had done like the Shepheard and the Woolf agreed to divide the spoil of the Flock between them the Pope therefore granted the King the Tenth of all the Churches of England and the King grants the Pope to have the first fruits of those Churches Dan. Hist 202. This Edward likewise after many Contests wanting Money in the 25th year of his Reign called a Parliament wherein with much ado he granted the Confirmation of the two Charters of Magna Charta and Charta Forrestae and that with the omission of the Clause of Salvo Jure Coronae Nostrae such another Clause as is Aut per Legem terrae which the King laboured much to have inserted but the People would by no means agree he therefore Confirmed them absolutely and Enacts further That All Arch-Bishops and Bishops shall Pronounce the Sentence of Excommunication against all those that by Word Deed or Counsel do contrary to the aforesaid Charters or that in any Point break or undo the same and that the said Curses be twice a year Denounced and Published by the Prelates aforesaid And if the said Prelates or any of them be Remiss in Denunciation of the said Sentences the Archbishop of Canterbury and York for the time being shall Compel and Distrain them to the Execution of their Duties in form aforesaid as appears in the Statute 25 E. 1. cap. 4. And all this he confirms by Solemn Oath What greater Security can be Invented here is an Act of Parliament Oath Excommunication Curses Edward the First for a furnish of Gold absolved by the Pope from his Oath Archbishops Bishops Prelates all ingaged to see it performed but to what purpose King Edward sends a Furnish of Gold to the Pope for his Chamber and he sends him back an Absolution from his Oath and Covenant with his Subjects concerning the Charter of their Liberties whereby they are all again broken by the King and lost to the Subjects Bak. Hist. 99. Edward the Second a papist King forswore himself to papist Subjects Edward the First being dead for the Pope's Absolution from his Oath could not keep him alive Edward the Second Succeeds him who not only took his Coronation Oath and kept it not but likewise before his Coronation in Regard the Lords threatned they would hinder it unless according to his Father's Will who had Commanded him to Banish Pierce Gaveston he would do the same he Solemnly swore That if they would not Dispute his Coronation but rest quiet till the next Parliament he would Banish him as they desired And likewise after in the Third year of his Reign being further press'd and importuned consented at last that the Parliament should draw Articles of Agreement between him and the People of whatsoever was necessary for the good of the Kingdom and he would Ratisie the same upon Oath who thereupon Elected divers Choice Men both of the Clergy Nobility and Commons to Compose those Articles which done the Archbishop of Canterbury with the rest of his Suffragans solemnly pronounce the Sentence of Excommunication against all such who should Contradict those Articles which are there Publickly read before the Barons and Commons of the Realm in the Presence of the King amongst which the Observation and Execution of Magna Charta is required with all other Ordinances necessary for the Church and Kingdom And that as the late King had done all Strangers should be Banished the Court and Kingdom and all Evil Counfellors removed That the Business of the State should be treated of by the Counsel of the Clergy and the Nobles That the King should not begin any War or go any way out of the Kingdom without the consent of the Common Council of the same Dan. Hist. 205. which Articles and others though they seemed harsh to the King yet to avoid further Trouble he yielded to them and Ratified them on Oath but especially to the Banishment of his Minion Pierce Gaveston who being a Gascoigne was a Stranger intended by the Articles to be Banished Strangers some to be Banished from Court though not under the same Suspition as other French their Countrey-men who have generally when entertained in Court by the English Kings been Evil Councellors to them to Imitate the French Arbitrary Power and Persidiousness over their Subjects and to breed Division between the King and People to prepare the Kingdom to be a Prey to their own French Masters Stranger at Court Spies whose Leidger Spies and Intelligencers they hear have usually been entertained at the Cost of the English Kings against themselves none can therefore doubt but King Edward the First the Father of this King Edward the Second did Nobly and Wisely in Banishing all Strangers from his Court and left the same Command on his Son And more particularly concerning this Gaveston though he not only broke in this the Command

is not always necessary he should be his first begotten Son for the Second after the Death of the first begotten without Issue is Fitz-Eigne with the Statute Et sic de caeteris which doth implicitly seem to affirm That till the Issue of the Eldest Son fails the second Son shall not Succeed by this Statute which implicitly prefers the Nephews in Successions before the Uncle but he shewing no Authority therein but his own and that only implicit and not Express and the Common Law and Customs of the Crown being very incertain obscure and as often broken as kept when not Confirmed by Act of Parliament And King Edward himself the Wife Author of this Act when the Black Prince Died and left his Eldest Son Richard of Bindeax who was after R. 2. Doubting of the certainty of the Law in the Point did as the wisest way procure Richard to be Declared Successor by Act of Parliament in his Life-time to secure him against his Uncles T●●●aw of E●… not clear in point of Succession of the Crown between Nephew and Uncle where the Father dies before the Grandfather The certainty of the Law of England therefore may be not without Cause doubted in this Point of Succession between Nephew and Uncle and Danger there may be lest the incertainty of the same give the same Pretences to create Civil Wars here as it doth in other Countries unless prevented by an Act of Parliament as in Scotland Vt filio ante patrem Defuncto Nepos Avo Subrogaretur 8. Danger without Assent of the People Danger if the Successor assume the Crown without the Assent of the People by their Representative in Parliament the Right of a Successor is not here Disputed nor the Law whether he is King before Coronation or not until Contract with his Parliament and Coronation received from them Highest a Successor can say is only as Paul saith 1 Cor. 10.23 All things are lawful for me but all things are not expedient All things are lawful for me but all things edifie not Though the manner whereby a Successor ascends the Throne may be lawful yet may it not be Expedient neither may it Edifie the Throne H. 8. was a King of great Courage and Wisdom and doubted not the Right of him and his Posterity to the Crown Yea though he had more than any other King Power granted him by Act of Parliament himself to Declare his own Successor either by his Letters Patents or last Will yet he shewed therein his great Wisdom and Moderation and would not do it without Assent of his Subjects as appears in the already mentioned Statute 35 H. 8. cap. 1. in these words viz. And albeit that the King 's most Excellent Majesty for default of such Heirs as are Inheritable by the said Act might by the Authority of the said Act give and dispose the said Imperial Crown and other the Premisses by his Letters Patents under his Great Seal or by his Last Will in Writing Signed with his most gracious Hand to any Person or Persons of such Estate therein as should please his Highness to Limit and Appoint Yet to the Intent that his Majestie 's Disposition and Mind therein should be openly Declared and Manifestly known and notified as well to the Lords Spiritual and Temporal as to all other his Loving and Obedient Subjects of this his Realm to the intent that their ASSENT and CONSENT might appear to Concur with thus far as followeth of his Majestie 's Declaration in this behalf For so Wise a King well know that let the Right of a Successor be what it will yet if he lose the Love of his People which cannot be obtained without their Assent and Consent he loseth the Chief Defence under God of that and all other Right he hath if therefore a Successor is Declared by Act of Parliament so great a Danger is avoided of not having the Assent and Consent of his Subjects seeing such an Act of Parliament cannot be without the Assent and Consent of the major part of the People included in the plurality of Votes of their Representative 9. Danger of assuming the Crown by a Papist The next great Danger is The assuming of the Crown by Force by a Papist Successor if not prevented by a Declaration of a Protestant Successor by the King and Parliament That a Papist Successor is most Dangerous to all Lay-Papists themselves and that they may Live far more Happy under a Protestant than one of their own Religion A Distinction ought to be made between Lay-Papists and Papist Priests Both Religion Justice and Mercy ingage all those who are affected with the least of any of them to put a great difference betwixt the Deceived and Deceivers and betwixt the Blind and those who mislead them to fall into the Ditch A Distinction is therefore necessary to be made by all Protestants between the Lay Papist and the Papist Priest Mercy is to be shewn the one and Justice the other And if this just Course had been used from the Beginning of the Reformation that no Penal Statute had been made against the Lay-Papists but only against the Papist Priests The Protestant cannot be secure unless the Lay Papist be likewise secure from Penal Laws against Conscience No Bishop Bencroft under pretence of maintaining the Dominicans against the Jesuits and Regulars against Seculars had been able to maintain Legions of both in Secret to Destroy the Protestants in their own Land nor under the blind name of Recusants to turn the edge of all the Penal Laws pretending to be made against Papists to cut off the Protestants And the Sacrament of the Paschal Lamb to be a Destruction to the Israelites and a Passover to the Egyptians those Penal Laws being pursued with the highest Rigour against the Protestants but came not near the Papists Dwellings or if they did they took more easie Pardons from the Exchequer than from the Pope So if the late Act concerning Oaths and Sacraments had been Restrained only to Papists Protestants had not suffered in so high a Degree as now they do But I pass from what is past to what is future to shew what Mischiefs the Papists themselves are to expect from a Papist Successor and what benefit from a Protestant 1. The first Mischiefs they will meet with in a Papist Successor is a most miserable one take what Covenant what Vow what Promise what Oath they can from him yea an Hundred Oaths his Conscience cannot be bound with any of them and the Catholicks themselves shall take as little hold of his Catholick Faith as the most of those whom they think or call Hereticks As for Example William the Conqueror was a Papist and is mentioned Dan. Hist 36. to get Assistance of the King of France who was then young in his Design for England William the Conqueror a Papist King forswore himself to Papist Subjects promised if he obtained the Kingdom to hold it

of his dead Father but his Oath to his Loving Subjects which was his Ruine for his entertainment of French Councels endammaged his English Subjects and his nearest French Relation Isabel his own Queen Persidiously by the help of her Brother the French King raised a Rebellion here of his own Subjects against him which caused him to be Deposed from his Kingdom and shortly after to be Murdered in an hideous manner in Barckly Castle So here are four Kings Great Grandfathor Grandfather Father and Son all Papists all Confirming and Breaking Magna Charta and their Oaths and their Subjects to whom they have broken them have been all Papists Magna Charta no less than Thirty times Sworn or confirmed and forsworn or broken by Papist Kings to Papist Subjects and the same Papist Religion gives no Mutual obligation of an Oath though to Men of the same Religion Yea this Magna Charta of Liberties hath been Thirty times Confirmed by King and Parliament while the Papist Religion lasted which shews the Oath hath been more than Thirty times broken by some or other of their Papist Princes for otherwise it would not need so many new Confirmations and Oaths In the Protestant Religion it is held That once forsworn ever-forlorn In the Papist it appears he is not so thought though Thirty times forsworn but he may still swear and forswear and begin again anew as many times as he will were it not therefore more secure for the Papist himself to Covenant with a Protestant Successor who dares not break his Oath lying under so great a Penalty of Conscience than with a Papist who makes Perjury not to be Penal and whose Religion it self teaches the wicked Doctrine of Lysander that Children ought to be deceived with Promises and Men with Oaths for what Commerce or Humane Society can there be had with those who will keep neither whether they be Kings or Subjects or of what Degree or Religion soever they be 2. Seeing a Papist Successor can be obliged by no Contract or Oath Only two ways of Succession Contract or Conquest therefore he cannot Succeed by Contract And if he Succeed not by Contract then he will Succeed by Conquest for there are but two ways of Succession either by Contract or by Conquest And if he Succeed therefore by Conquest such Power he will say 't is Diis aequa Potestas Deus est Imperator in Coelis and Imperator est Deus in Terris Jure Divino is above all Humane Laws he will therefore be Lawless and no Law shall be but his Will But a Protestant Successor claims only to the Rule according to Laws agreed and assented to by the Subjects themselves by their Representative in Parliament Can any Sober Papist deny it is not better to have his equal Laws than as a Slave to be destroyed at Pleasure by a cruel unjust and lawless Will as they are generally by their Princes in all Catholick Countries Further Examples of the Perfidiousness of Papist Princes to Papist Subjects Henry the Fourth a Papist King forswore himself to papist Subjects HEnry the Fourth was a Papist and a Violent Enemy against the Wicklenite Protestants yet perfidious to his own Papists too as appears Truss Hist fo 73. there are Articles made against him and the first of them is That when he return'd from his Exilement he made Faith only to Challenge and Recover his Inheritance and his Wives and not to intermeddle with the King nor with his Crown by reason of which Oath divers Loyal and good Subjects to King Richard resorted unto him not having any Treasonable intent but after when he saw his Powers so much increased that he might do what he pleased he wickedly brake his Oath and without any Right or colour like Right procured himself to be made and Crowned King Another Article was That no Justice could be expected from his hand because that contrary to the Oath he had taken when he was Crowned he had by Letters sent into sundry Shires thereby procured certain Burgesses of the Parliament Knights of the Shire to be Chosen whom he knew would not fail to serve his turn as occasion should be offered Here we see is a Papist King and Papist Subjects and he takes an Oath to them concerning the greatest Liberty the Subjects can enjoy which is the free Election of their Representative in Parliament yet this Papist King breaks this very Oath not only to his Papist Subjects but to that very party who were of his own party and Crowned him Richard Duke of York a papist Subject forswore himself to Henry the Sixth a papist King Henry the Sixth and Richard Duke of York were both Papists and the Duke of York took his Oath of Allegiance to King Henry After taking King Henry Prisoner He Calleth a Parliament in the King's Name by which Parliament terrified by the Duke's Sword it was agreed and Enacted That Henry during his Life should retain the Name and Honour of a King and that the Duke of York should be proclaimed Heir Apparent to the Crown and Protector to the King's Person his Land Dominions and Countrey And that if at any time King Henry's Friends Allies Favourites in his behalf should attempt the Disanulling this Act that then the Duke should have present possession of the Crown No sooner was the Parliament Dissolved but the Duke by vertue of his Protectorship esteeming himself a King in Office and Power though not in Name dispatcheth Letters to the Queen the Duke of Somerset Exceter and other Nobility who were then in Scotland with all speed to repair to his presence at London they knowing their own Security lay only in keeping out of his Power marched towards him but Guarded with an Army of Eighteen thousand Men and met him at Wakefield who had there but a small Army of Five thousand to oppose them on whose Valour notwithstanding the Duke relying and though advised by his Council to forbear Fight till his Son the Earl of March could bring up his Forces to joyn with him yet the Pride of his former Victori●s make him deaf to good Advice and therefore rashly joyned 〈◊〉 whereby he hasten'd his own Destiny and was Slain on the place with Three thousand of his Men after which Overthrow of the Father his Son the Earl of March and his Confederates having overthrown the Queens Army at the Battel of Mortimor's Cross and fought the Battel of St. Albans and the Earl of Warwick's Forces joyned with him is proclaimed King but before he could be Crowned he was forced to Fight again with another Army which King Henry had raised in the North which Battel continued doubtful with eager Resolution on both Sides the space of Ten hours whereby there were above Six and thirty thousand Men Slain Bak. Hist 203. But in the end the Day fell to Edward and the King flying to Barwick and her Son to France Edward is Crowned King but after Disobliging

Contention and by courting the vulgar seek the secret favour of the Souldiers and afterwards Canton'd out to themselves severally all the Provinces of the Empire Ptolomy seized Egypt and Cyrene Laomedon Syria Phylotus Cilicia Pitho Media Eumenes Capadocia Antigonus Pamphilia Licia and Phrigia major Cassander Caria Minander Pontus and Phrigia minor Leonatus Assyria Seleucus Persis Lysimachus Thrace Antipater Macedonia The other Parts of the Persian Empire being left in their hands unto whom Alexander in his life-time had intrusted them And the reason of this pulling to pieces of the Empire was because as Curtius saith Sine certo Regis Haerede sine Haerede Regin ' Publicas vires ad se quemque tracturum without a declaring in certain of the Heir of the King and of the Heir of the Kingdom every one will catch what he can of the Publick strength to himself and to what purpose but to destroy himself by destroying the Publick For this Division continued not long neither would it have done though they had been all Brothers for every one thinks his share is not equal to his worth when they have no publick Judge to judge equally between them and in the end the greatest part of them by Mutual Wars destroyed one another and left their shares for a prey to their Enemies Clapmarius as to this Destruction ensuing the not declaring of a Successor saith farther Sumo hoc pro arcano Regio adversus Regni Proceres ubi enim Successor in incertò est ibi facile ad pristinum statum relabitur ut olim Caroli Magni stirpe sublata cum postremus Germanorum Rex Neminem adoptasset Regnum momento Devolutum est ad quinquaginta quatuor Imperii Principes Sic Longobardi Mortuo sine Legitimo haerede Cleophonio in Populi potestateni lapsi sunt Et in Polonia post quam stirps Lechi defecisset Comitiis de Constituenda Republica habitis Regnum duodecim invaserunt Nobiles Et rursum cum stirps Craeci defecisset ad eandem Oligarchiam eadem occasione reversi sunt I take this for an Arcanum of Kings against their great Men for where the Successor is not declared in certain a Common-wealth doth easily relapse to its Original confusion As when the Issue of Charles the Great failed and the last Emperor of the Germains had Adopted no Successor the Empire in a Moment fell into the hands of Four and fifty Princes of the Empire So the Lombards Cleophonius their King being dead without Lawful Heir fell into the hands of the People And in Poland after the Issue of Lechus failed there being a Convention of Estates to constitute a Common-wealth Twelve Nobles seized on the Kingdom And again when the Issue of Cracus failed they fell back again on the same occasion into an Oligarchy It Exposeth the Succession of Kingdoms to Sale 15. Danger of exposing the Succession to Sale Buch. Rer. Scot. lib. 7. pag. 206. saith Mackbethus ut Regnum male partum stabiliret potentiores Magnis Largitionibus sibi conciliat securus de Regis liberis ob aetatem de vicinis Regibus ob Mutuas simultates Potentioribus delenitis Populi favorem aequitate parare severitate retinere decrevit Mischiefs of buying Crowns to Princes themselves Mackbeth that he might Establish his ill-got Kingdom binds to himself the great Men by great Gifts being at that time secure from the King's Children in regard they were under Age and from the Neighbouring Kings by their mutual Quarrels one with another having obliged the great Ones he resolved to catch the People with Equity and to keep them with Severity In the time of H. 3. Richard Earl of Cornwall begging the King's Brother and Alphonsus King of Spain Empire of Germany exposed to Sale to Richard Earl of Cornwall and Alphonsus King of Spain were each Competitors to be elected to the Empire of Germany And the Seven Electors were ready to elect him who would give most to Buy it In the end Richard being in Person in Germany and nearest at hand and his Money readiest he is preferred by the Bishop of Ment● the Bishop of Cologne and the Palsegrave whose Voices he is said to have bought and was thereupon Crowned Emperor at Aquisgrave And to reimburse himself of the great Sums he had disburst and to confirm his Estate he was set on by his Salesmen and Courtiers who expected likewise to have a share in Purchase And proceeded in all Violent and Hostile manner against those who opposed his Election and having consumed himself by excessive Gifts to Buy Suffrages and Assistants and by this Prosecution he came to be again dispossessed and forsaken and with the loss of his Money and contracting Debts besides he was forced to return home to England to his Brother who was then in War with his Nobles Simony in Churches and Kingdoms corrupts Religion and Justice in both Dan. Hist. 174. It were infinite to recite all the Buyers and Sellers of Successions to Kingdoms there having rarely been any Age or Nation wherein the Simony of Churches and Kingdoms hath not been alike common either by the Priest Nobles or Souldiers and corrupted both the Divinity and Justice of both except where an House of Commons hath had an hand in the Actual declaring the Successor when therefore a Successor is not declared by Act of Parliament but left to buy his Right these horrible Mischiefs ensue First To the Prince himself Secondly To the People As to the Prince himself these Mischiefs ensue 1. If to buy a Kingdom he is known to give Donatives or Pensions he raises a greater Party against him than he can oblige for him for if he give a Donative or Pension to one he can oblige only that one but for him disobliges an hundred 2. No Person that receives a Bribe can be obliged by that Bribe because what he doth is for Money and not for Conscience and if any offer him another Bribe he will as readily be for the last giver as he was for the first for the first giver of Money cannot take his Gift from him again And the Mercenary if he hath but half so much giver by the second giver as the first will think he shall be richer with a Gift and half than only with a single Gift Hence it is that Perdurat non empta fides nec Pectora merces Alligat Claudian Bought Faith indures not nor will hire bind The Traitor's heart if greater hire he find And the Roman Mercenaries who were corrupted with great Donatives by one Emperor before he was scarce warm in his seat used to kill him and if a new offered another Donative set up him for the like time till another offered them a new Donative And so they perpetually Murdered them from Generation to Generation It 's true many good Princes have been compelled to buy their Rights and better it were they did so than the same should be taken from them by one that hath no Right but this