Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	judge_n	king_n	lord_n	8,619	5	4.0580	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88421	Some seasonable and serious queries upon the late act against conventicles tending to discover how much it is against the express word of God, the positive law of the nation, the law & light of nature, and principles of prudence & policy, and therefore adjudged by the law of the land to be void and null ... / by a friend to truth and peace.	Lockyer, Nicholas, 1611-1685.	1670 (1670)	Wing L2801; ESTC R3063	12,344	17

doth not this Act in contradiction thereto both seiz upon mens Liberties and Estates without any such legal Process or Judgement For is not the Justice impowered hereby by foce Civil or Military to seiz take and keep in custody the peaceable free People of the Nation † Six Remedies to relieve any that are so imprisoned or disseized of their free liberties contrary to Magna Charta 2d part Cooks's Inst ch 29 f. 55. dis-seizing them thereby of their Liberties being Advocate Jury and Witness and sole Judge both of Law and Fact as well as of the ability of the Offender And is he not authorized also according as he in malice favour or affection shall judge meet to Convict Sentence and Execute by making Distress and Sale of Goods how and upon whom he pleaseth without returning any thing again to the Owners which may be one hundred or two hundred pounds for ten or twenty pounds and therewith to reward the Informer or who else he shall judge most active be it his Clerk Sonne or Himself And is not this seizing * Free-hold is Goods and Chattels as well as Lands Tenements Cook 's Instit c. 29. p. 46. Free-hold too with a witness And all without any legal Judgement and Process And is not the bribing the Informer that principal Trustee in the Act or Justice himself with so great a Reward a setting Justice to sale with a vengeance And what can more violate that fundamental Law both as to Person and Estate Notwithstanding by the 42 of Ed. 3. this Great Charter is commanded to be kept in all points and that whatever Law is made against it is null and void Polton 182. The words of the Statute are these At the Parliament of our Lord the King at Westminster the first day of May the 42 year of his Reign It is asserted and recorded That the Great CHARTER and the Charter of the Forrest be holden and kept in all Points and if any STATUTE be made to the contrary it shall be holden for none II. Whether it is not dangerous by the Laws and Customs of the Nation for any to infringe and violate this Great Charter under colour or pretence of any Law or Statute whatsoever Witness that famous Example and eminent Instance in 1 H. 8. in the Impeachment and Execution of the two Justices of the Peace viz. Sir Richard Empson Knight and Edmond Dudley Esq for their putting in execution the Statute made 11 H. 7. so contrary to Magna Charta concerning which for better Information take my Lord Cooks own words in his Instit L. 2. C. 29. f. 15. Viz. Against this Antient and Fundamental Law and in the face thereof having recited that Clause of Magna Charta before mentoned I find saith he an Act of Parliament made That as well Justices of Assize as Justices of Peace without any finding or Presentment by the Verdict of twelve men upon a bare Information for the King before them made should have full Power and Authority by their Discretions to hear and determine all Offences and Contempts committed or done by any person or persons against the Form Ordinance and effect of any Statute made and not repealed By colour of which Act shaking this Fundamental Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite numbers of people were committed by Sir Richard Empson Knight and Edmond Dudley Esq being Justices of the Peace throughout England And upon this Unjust and Injurious Act as commonly in like Cases it falleth out a new Office was created and they made Masters of the Kings Forfeitures But at a Parliament holden in the 1 H. 8. this Act of 11 H. 7. is recited and made void and repealed and the reason thereof is yeilded For that by force of the said Act it was manifestly known that many sinister and crafty feigned and forged Informations had been pursued against divers of the Kings Subjects to their great damage and wrongful vexation And the success hereof and the fearful ends of these two Oppressors should deter others from committing the like and should admonish Parliaments that instead of this ordinary and precious Tryal per Legem Tetrae the known ancient Laws they bring not in absolute and partial Tryals by Discretion The said two Justices were to the joy of all People executed the beginning of H. 8. Speed Chr. 983. Not to mention the impeachment and dethroning the two Kings Edward the second and Richard the second for having perverted the due course of Law Justice and Right and that they destroyed men by Informations and without Legal Examination and Tryals and that they had declared that the Laws of the Kingdom were in their own Brests As in their Articles of Impeachment does more at large appear Nor the Impeachment of the Lord Chief Justice Trysillian and his Brother Judges Fulthorp Belknap Carey Hott Burge and Locton and others of the then Privy Council and then Lord Mayor of London who had set their hands to Judgements in subverting the Laws of the Land and advancing the Kings Will and Commands above the known Laws of the Kingdom For which the Lord Chief Justice and others of them were hanged at Tybourn The Impeachment also of Judge Thorp Ed. 3 and Cardinal Woolsey H. 8. for advising the King to subvert the Laws Not forgetting the late worthy Act of Chief Justice Keeling in imprisoning and fining the London-Justices for acting against the known Laws Qu. III. Whether it doth not concern all persons called to be active herein whether Officers Civil Military or others to be well advised what they do lest instead of promoting the Peace and Welfare of the Nation the great end of all wholsome Laws they not onely infringe the just Liberties thereof inslave themselves and Posterities but render themselves liable to such infamy misery and mischief that the miscreants beforementioned have done And whether it will not be a good plea for any that may be vexed persecuted or prosecuted hereupon why they conform not thereto either by answering ensnaring questions to accuse themselves about Meetings telling of Names or places of abode or payment of Moneys that it is all against Magna Charta and the known Laws of the Land which declare that no man shall be put to answer without Presentment or matter of Record or by due Process and Original Writ according to Law as by several Statutes viz. 5. Ed. 3.9 25 Ed. 3.4 28 Ed. 3.3 27 Ed. 3.18 42 Ed. 3.33 Petit. of Right 3 Car. 1.1 17 Car. 1.14 Qu. IV. Whether the pretended Salvo That you may if you find your self aggrieved hereby make your Appeal and take your Tryal by a Jury may acquit this Law from infringing and violating Magna Charta and the known Laws of the Land Because first is not the Law violated by seizing and taking both Person and Estate without any such Process and Judgement And secondly that the Appeal must not lie in

any other Court but only before the Parties themselves complained of to do the wrong who seem hereby to be made sole Judges in their own Cases the Juries being to be empannelled by themselves the Sheriffs being Parties with them contrary to express Law forbidding any to be Judge in his own Case 8 H. 6. fol. 21. El. Dier 220. and Doctor Bonham's Case 8 part Cooks Reports Thirdly As to the Law of Nature 1. Whether the said Law is not also contrary to the Law of Nature viz. That Great Magna Charta laid down by our Saviour Mat. 7.12 Whatever ye would that men should do unto you do ye even the same unto them for this is the Law and the Prophets For if the chiefest of the Persecutors and who had the greatest hand in making this Act were solemnly appealed to Whether they being men of Conscience would think it equal either by Papists or Phanatiques to be so dealt withal Viz. In their solemn Worship to be so hared and disturbed by a Tumult and Rabble to be tore and haled from their places and Assemblies and imprisoned by Officers and armed men to be pulled from their Ministers and their Ministers from them and so severely and ruinously fined from time to time for the same and that nothing must satisfie but coming to Mass or to be dipt and joyn'd to Anabaptistical Meetings though against Conscience and all this for no other Crime but peaceable Meeting and Worshipping God according to Conscience Will any of them assert and give it under their hands they judge all this but fair just and equal dealing and that they would be content to be dealt just so with as they deal with others Or further If their Parish Churches were burnt by the Papists and yet be fined buffeted and rendred seditious and dealt with accordingly for not coming at them or meeting to worship in Houses or elsewhere in the interim would it be judged fair and equal Or not rather much at that rate as Pharaoh dealt with the Israelites when he required them to make Brick without Straw and beat them too if they brought not the full tale Qu. II. Whether upon the same ground the Common-Prayer-Book-Worship is to be imposed and submitted to to day viz. because a Law is got for it the Mass upon the like Argument is to be conformed to to morrow the Turkish Alcoran the next day and the Jewish Talmud the next Qu. III. Whether it is not unnatural for Protestants pretending to own one Head the Lord Jesus and one Law of his the holy Scripture which also is to interpret it self agreeing also in the Doctrinal part of their Religion as by the Thirty Nine Articles appear should for Differences in the Ceremonial part thus rent tear and devour each other whilst Turks Papists and other Religions can live peaceably and bear with each other under greater differences And whether they that bite and devour each other should not take heed lest they be devoured one of another Gal. 5.15 And that what measure they mete to others the same be not measured to themselves also Mat. 7.2 Qu. IV. Whether fince by this Act Protestants onely are enjoyned hired and frighted thus to vex disturb prosecute and ruine one another for worshipping God in their way and the Papists hereby in the mean time left to enjoy their Idolatrous Mass in peace and quiet without the least disturbance and that as often as they please and in as great numbers as they think good Tends not too much to confirm the fears of many that that cursed Interest that so lately murder'd so many hundred thousands in our Neighbour Countreys and as supposed burnt the City may be getting into the Saddle again which they do have so long gap'd for and hereby not onely teach them afresh to deal with Protestants but to justifie all their bloody Cruelties of old that upon the account of Conscience they have exercised towards them Therefore doth it not well become every considerate Protestant to ponder well what he is doing whilst he is cutting down the Bough he stands on Qu. V. Whether in point of Appeal to make Parties themselves Judges in their own Case is a usual thing Or that the Law-makers themselves use to practise it in their own Concerns Or how well comporting with this Golden Rule aforesaid To do to others as we would they should do to us Qu. VI. Whether in all these respects this Law ought not to be esteemed Null and Void and altogether disregarded as if there was no such thing in the Nation Fourthly As to the Rules of Prudence and Policy Qu. I. Whether it is not greatly imprudent to rise up against so considerable a part of the Nation as the Phanatique Interest certainly is who for Sobriety Counsel and Conduct have so great a Witness in the hearts of their greatest Enemies And for the Trading part whether Forreign or Domestick which the simple Commonwealths that flourish in the World judge so much the Interest and Honour of Prince and People they have not so considerable a sway in every bodies eye which if doubted by the violent prosecution of the Act too sudden and it may be too dear-bought Experience notwithstanding Mr. Parker's Politicks may evince And for their quiet and peaceable demeanor and that as well under great sufferings and provocations as under probable † opportunities † To wit the Dutch Innvasion Scotish Insurrection not only to have given disturbance but to have freed themselves from Persecution may not ten years Experience give the undeniable demonstration And will any wise State judge it according to the principles of Wisdom and Policy by threatned ruine and destruction to irritate such a People having heretofore also tasted the ill consequence of such like provocations Solomon saith Oppression makes a wise man mad and the French have a Proverb Ne Reveille pas chat qui dort Do not kindle the fire that was near quench'd Qu. II. Whether the same Argument that is used against Popular great Meetings and upon which the Act seems to be grounded viz. That they tend to contrive Sedition and Rebellion is not upon Principles of Reason and Experience found to be quite contrary For what of Sedition and Rebellion is like to be contrived in a Publick Meeting where the Doors are open and all sorts of People come and over which the Magistrate may have such Inspection and whereof he must rationally have such speedy knowledge And are there not Laws and Executioners of all sorts both Civil and Military sufficiently to punish and chastize the same whenever made good against any Whereas if great Meetings through Persecution be dispersed then a Meeting of a thousand being driven into twenty or thirty parts and constrained thereby to meet in private what Opportunities may there be then where no inspection can be had to consult and plot Qu III. Whether it is not against all Rules of Prudence and Policy to exercise such