Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	certain_a	king_n	time_n	2,645	5	3.5256	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66455	Jus appellandi ad Regem Ipsum a cancellaria, or, A manifestation of the King's part and power to relieve his subjects against erroneous and unjust decrees in chancery collected out of the authorities of law / by Walter Williams ...	Williams, Walter, of the Middle Temple.	1683 (1683)	Wing W2774; ESTC R7919	45,013	145

all substituted and delegated Jurisdiction was derived from Him only and under such limitations as he directed so as the Judges did act justly the main charge of administring Justice being on Him and he frequently sate himself in Judgment assisted by his Capitales Justiciarios à latere suo residentes who assisted him in the exercise of his Jurisdiction and eas'd him of trouble but they never pretended to deprive him of his power of hearing and determining himself or changing his Judges or assigning them Jurisdiction as should be needful according to the modern Doctrine of some for he had both complete Jurisdiction and designationem Justiciariorum in himself and it was upon good reason this power was originally placed by God in Kings and consented unto and approved of by good men for by the assistance of and reasoning with their Judges they could never fail of discerning right Judgment and their affection to their Subjects like a good Father to his Children being equal to all it is not likely they should be partial in their Judgments and their Royal Estate is such as not to value Bribes or Rewards So that there is not so much reason to fear Injustice from a King as from a profess'd Lawyer like my self whose aim and design perhaps from his Horn-book was gain and profit and to raise himself a Name and Family in the world I can but wonder then whence started that humour in men rather to trust any body in deciding their Controversies than the King sure it could be from no just Principle Besides the fore-mentioned Author Bracton there are others of the same standing that maintain the same Doctrine The next I shall name is one Horn who about the time of Edw. 1. compiled a Book Of the Laws and Vsages of England a great part whereof as Sir Edward Cooke in his Preface to the 9th part of his Reports affirms were such Laws as the Kingdom was govern'd by for about 1100 years then past to which Book he gives a mighty credit and in matters of difficulty is very frequently his ipse dixit and that Author says Mirror 232. That Jurisdiction is the chiefest Dignity that appertains to the King and thereof he says there are two sorts and he calls them ordinary and assign'd which are the same with Original and Delegated as the other Author terms them Ibid. 23.2 Jurisdiction Tays he can be assign'd by none but by the King and he may do it because be cannot without assistance perform such a charge and therefore it was of old ordained that there should be a Seat and a Chancellor to keep it and grant Writs remedial to all Complainants without delay This was the Chancellors Province then And again he says Ibid. 234. Jurisdiction est un porat a dire Druit a power of commanding right to be done and this power God gave unto Moses and such as hold the like place as he and this power belongs unto the King within his Dominions and He by his Authority-Royal makes his Justices in several degrees Ibid. 235. and doth limit to every one his power after several manners And there he enumerates divers sorts of Commissions and Courts and speaking of the chiefest Justices of all he says They determin'd matters more or less according to the nature of their Commission From whence also it follows there were no Judges that had or pretended to have any Jurisdiction originally or fundamentally in themselves but what all of them had was by deputation and delegation from the King Furthermore Edm. 1. out of his Princely care that his people should be govern'd by certain and known Rules caused the Laws and Rules of Government Britt so 1. and disposition of Property which then to fore had been used in the Kingdom to be put in writing and publish'd in his own Name and at the same time commanded the use and practice of those Laws in all points throughout his whole Dominion saving and always reserved to himself the power of repealing altering and amending of them as should seem good to him with the assent of his Earls Barons and others of his Councel and saving such Usages and Customs as had been time out of mind used so that they be not discourdants a droft And there he proceeds in this manner viz. En primes en droft de nous mesmes nostre Courte avouns issint ordeyne c. which is to this effect That first of all in the right of Himself and of his Court because he could not in his own Person hear and determine all the complaints of his people and to the end that his charge should be divided as is thereby appointed he did ordain and his will and pleasure was That his own Jurisdiction should be superiour to all the Jurisdictions in his Realm So that in all manner of Felonies Trespasses Contracts and in all manner of Actions real and personal he had power to give and cause to be given such Judgments as thereto belonged without any other Process where he knew the direct truth as Judge And there also he appoints That the Steward of his Houshold should represent Him within the Verge and he assigned him his Jurisdiction which was to hear and determine the presentments of Articles which concern the Crown whensoever it should seem good to the King And moreover he will'd that Justices in Eyr should be assign'd to hear and determine those Articles in every County and in every Franchise from seven years to seven And there he gives the like power to his Justices of Ireland and Chester and wills further That the Count or Earl of Norfolk by himself or some other Knight should always attend upon the King and his Steward within the Verge of the King's House so long as he should hold the Office of Marshal And there he appoints the Jurisdiction of the Justices assign'd Britt fo 2. to follow the King and be where He was if in England and that they should have conusance to amend false Judgments to determine Appeals and other trespasses done against the Kings Peace and Jurisdiction He also appointed a Coroner to be in the Kings House and in every County un Viscount a Sheriff and that under those Sheriffs there should be Hundreders Serjeants and Bailiffs who should attend upon the Sheriffs He also appointed Coroners in every County and allotted them their Jurisdiction And moreover his will and pleasure was That there should be Justices always residing at Westminster or elsewhere where he should appoint to determine such common Pleas as the King should command them by his Writs so as the Pleadings arising thereupon should be recorded He settled the Jurisdiction of the Exchequer Court and ordained That there should be Justices assign'd for every County to have conusance in such causes as the King should command by his Letters-Patents touching Pety-Assizes and of other things whereof the Kings will should be they should make record and that there should

r 27 Jus Appellandi AD REGEM Ipsum à Cancellaria SECT I. Of the mutual Obligation upon King and People in reference to Government WHosoever will but consider it may easily discern that there is a mutual benefit accrues by Government as well to the People as to the King the end design of it being the protection of Both from wrong and violence And to the end this may be the better accomplish'd both are mutually bound in England to act their part therein The King is bound to govern by Law and the People most of the considerable part of them are bound and all of them are compellable to be bound to assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the King His Heirs and Successors or united or annex'd to the Imperial Crown of this Realm the King by the very Constitution of his Kingly Office and by his Coronation-Oath and the People both by their Natural Allegiance and by force of the Statute 1 Eliz. cap. 10. It is not a slight and mean tie that they are bound by it is by a sacred and solemn Oath the greatest obligation upon Earth and the firmest bond of Humane Society which whosoever voluntarily breaks either by a wilful acting against or by a careless neglecting to perform what he hath undertaken by it I 'll be bold to say He is sit Company for none on this side Hell unless for some perjur'd Aldermen or false Ignoramne-Jury-men Being thus engag'd I think it highly concerns us all to discharge our Duty therein and to that end it is necessary in the first place to understand what Jurisdictions Preheminencies Priviledges and Authorities do appertain to the King for without That the King cannot exercise His Jurisdiction nor the People assist Him in it And in as much as the King's Jurisdiction over His Court of Chancery is now doubted of by many dis-own'd by some and by others thought not necessary to be put in execution I therefore set my self upon enquiry after the King's Part and Power in that particular having had experience of the inconveniencies the want of the use of it produceth SECT II. What is Jurisdiction to Whom it appertains and How anciently exercised in this Kingdom JURISDICTION in the bare literal sence and signification of the word and ex vi termini imports no more than Dire Droit or Jus dicere a Power to pronounce interpret or relate what is Law and Right in any matter of Controversie But as necessary appendants thereunto there are many Priviledges and Authorities needful to make up a full and plenary Power to administer Justice which are generally comprehended within the meaning of Jurisdiction As first an Authority to Command the party or parties complain'd against before Him that hath Jurisdiction Secondly to Examine the truth of the complaint and to hear the Defendants defence Thirdly to give Judgment according to what the Law is Fourthly to compel Obedience to and Performance of that Judgment which is done either by Imprisonment of the person until he perform or by seizing his Estate or part of it in satisfaction of the Judgment which is the Coercive Power of the Law without which the rest signifies but little The right of Jurisdiction is a prize for which great Contests have been for many Ages in this Kingdom the Pope for a long time strugl'd with our Kings for Jurisdiction in Ecclesiastical matters some yielded to him and some would not The House of Commons have often strove with the House of Lords for Jurisdiction the King's Courts of Justice have often contended with one another for Jurisdiction and now some would have it that the King 's own more immediate Court his High-Court of Conscience would be so highly unconscionable as to out Him from having any thing to do there To find out the true Proprietors of Jurisdiction for which there hath been so many pitch'd Battles fought it is necessary to look a great way back Origo rei inspici debet the beginning must be consider'd Deut. 32. 7. Remember the days of old consider the years of many Generations ask thy Father and he will shew thee thy Elders and they will tell thee After this manner will I make my Enquiry for I know no Statute of Limitation in the case to bar the King by non-claim but there is a Maxim in Law which imports the contrary Quod nullum tempus occurrit Regi and therefore what I find in old Authors as well as new I will truly relate By the Opinion of all ancient wise Politicians and Historians Bod. l. 4. cap. 6. says Bodin Justiciae fruendae causa Reges esse creatos Kings were ordain'd for no other end than for administration of Justice which is a full Authority that Jurisdiction appertained to Kings even by their Constitution and the same Author says That anciently the Kings of most Nations and Countreys were called Judges and they thought no other Appellation or Title more honourable than That and they delighted in nothing more then a personal not only virtual but actual determining of their Subjects Controversies Moses for a great while spent the greatest part Ex. 18. or much of his time sometimes even from morning until evening in hearing and determining Controversies between the people But at length finding that as the people encreased in number so did Suits insomuch that it was too hard a task for him to dispatch all himself he therefore chose men of courage out of all Israel and those he made Heads over the people Rulers over Thousands and over Hundreds over Fifties and over Tens who judged the people at all seasons but the hard causes matters of difficulty they brought to Moses himself to determine none of them pretending that because Moses had given them full power to judge the people within their several Provinces that he had excluded himself from power of judging there and examining whether or no their Judgments were right and just In imitation of Moses Cook 1 Inst f. 168. or after the same manner did the ancient Kings of England divide this Kingdom first into Counties and Counties into Hundreds Hundreds into Manors and Manors into Townships and Villages and appointed Jurisdictions in every Division In or about the time of H. 3. one Henry de Bracton Cow Int. Title Bract. a learned Judge finding that the Laws and Customs of the Realm which at that time were not reduc'd into writing were oftentimes abus'd by unlearned men Qui Cathedram judicandi ascendunt antequam leges dedicerent who became Judges before they had been Students and consequently determined Causes rather after their own fancies than the Rules of Law he therefore resolv'd ad vetera Judicia Justorum perscrutenda diligenter to make diligent enquiry into the ancient Judgments and Resolutions of just Judges and to put the same in writing for the benefit of Posterity as himself says in the first page of his Book