Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	king_n	law_n	majesty_n	3,064	5	5.9700	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54684	The antiquity, legality, right, use, and ancient usage of fines paid in chancery upon the suing out, or obtaining some sorts of original writs retornable into the Court of Common-Pleas at Westminster / by Fabian Phillips ...	Philipps, Fabian, 1601-1690.	1663 (1663)	Wing P2005A; ESTC R31118	24,218	54

with all but the multiplyed Deceits and Knaveries of their own Trades which with the adulterating and enhauncing of all Manufactures and Commodities have not onely lost and spoiled our Trade in forreign parts but do by the connivence of their Companies or Mysteries and for want of a due execution of Laws and Regulations of Falshoods yearly cozen and cheat the people at home as much as amounts to some Millions of Sterling-money or a great deal more then doubles our Taxes and not understanding the right reason just ends and intentions of our Laws nor distinguishing betwixt the right use and abuse of Laws of the which onely the Cozening part of the people are guilty neither contented to have gained so much as they had done by the Law and its residence at London could not be satisfied unless they could pull it all in pieces and make a Merchandize of it and believed a Citizen in a Committee by the study and help of ● Diurnals being the Tinder to the greatest of all Rebellions to be as grand a States-man as the late Lord Burleigh or as if he had been bound Apprentice to Solomon and served out his time in the compiling of his Proverbs and their multiplying costly Orders at 6 s. and 8 d. or ten shillings a piece for a few lines to be as great a blessing and refreshing to the people as the land of Promise was to those that had endured a forty years tedious journey thorow the wilderness and when as too many of themselves were and are by their tricks of Trade the grand superlative grievances of the Kingdome could at the same time raise their false and groundless clamours and scandals against the King the Church and the Laws because he would not quit his Regalities and suffer a rebellious and prevailing part of the people to enslave the residue and our Religion and Laws did forbid it In the midst of which Frenzies whilst the Trades-men did drive on the soldiers many of whom had been their Run-a-gate or Cast-off Apprentices and the soldiers were driven on and encouraged by some Lecturers men of extempore Non-sense rather then Divinity and the Devil leading them with his new lights and false expositions of Scripture and a gaining ungodly part of the people were busie in plundering and oppressing the loyal honest small and remaining part of them and used our excellent Laws and Customes as the Bactrians are said to do by their Parents when they are sick or aged and set their Canes Sepulchrales dogs kept on purpose to tear and devour them it would have been a wonder how any of the most refined Right Reason or Constitutions of our Laws could rest in quiet when the Graves of some of our British and Saxon Kings were in a most unchristian and barbarous manner opened and disturbed and their dust and bones cast into the Air and High-ways and the Book of God it self suffered a kinde of Martyrdome in their suspecting the Original and covering the sense and meaning thereof with ridiculous Notions and ignorant Interpretations Or that a very innocent and legal part of the Kings Revenue so well employed in the support and administration of Justice should escape a disturbance and therefore the Fines which were usually through many past Centuries and Ages paid in Chancery upon all Original Writs in personal Actions wherein the debt or damages demanded exceeded forty pounds must have its share in the suffering under those grand and continued persecutions of Truth Loyaly and Right Reason and be forbidden by an Act of a Factious part of the people supposing themselves to be the Commons of England assembled in Parliament and sacrificed but to the pretended Liberties of the people to the intent to leave them as little as they could of their Liberties in greater matters which being with other of our good Laws Customs worried and cryed down by the causless out-cries and clamors of those that better understood their own evil purposes designes in it then the Original institution benefit and right use of them could not rise again or be revived until that happy restauration of our King Religion Laws and Liberties nor then neither without the Cicatrices and skars of the wounds under which they formerly languished and as the imagination being once hurt is seldome ever after free from those melancholicque impressions which it once harboured so did those of a necessity of reforming our Laws or of supposed evils or grievances in them beget an ill opinion in the minds of the people where yet it sticks so much as some well-meaning and good men are not so willing as they should be to abandon the causless suspitions and prejudices which they had entertained of them and those illusions and inconsiderately-received impressions have as yet kept up in too many the humour of endeavouring to overthrow those and many other of our good Laws Constitutions which if Understanding or Knowledge may be the Judges or Touch-stone of them will appear to deserve a better usage The more then ordinary misapprehension whereof by those that build upon no better a foundation then the ignorance of its Legal Original and Right Use hath summoned my Duty to our Soveraign and his Laws to hinder what I may the unjust Censures and ill-advisedness of some people who are as ready to cast away their own good as those who to avoid a little cold which their delicacy and a surfeit upon peace and plenty cannot perswade them to endure can think it to be no small part of prudence to tear up and burn the planks of the Ship wherein they are sailing at Sea and far from the Shore and run the inevitable hazard of perishing by the fury of a cooler Element and that I might satisfie such as mislike the payment of Fines in Chancery upon some Original Writs and that it hath for many Ages past been a most Legal and useful part of the Crown-Revenue without any the least of grievance to the people or our so often reiterated Magna Charta or any other our Laws or Liberties and shew them that the usefulness and Legality of it is not taken away or diminished because a part of it is paid or goeth to the support of the Lord Chancellour or Lord Keeper of the great Seal of England for the time being in that great and as eminent as careful place of Administration of Justice in granting Writs Remedial or abating by moderation and equity the rigour and justice of the Laws many times too unconscionably made use of or put in execution by the people one upon the other who are to be enforced and kept from being over-severe or taking unjust advantages one upon another which hath taught the most of Nations to look upon that high and superlative Officer of State as greatly necessary and to give him allowances becoming so great and honourable a charge and employment insomuch as the very thrifty and prudent Commonwealth of Venice well understanding

the use and dignity of that great Officer in most of the Kingdomes and Nations of Europe and the necessity of his honourable support do think it requisite to allow their gran Cancelliero a great Revenue out of the Publick stock And that it cannot be a grievance that the Master of the Rolls and Cursistors in Chancery are allowed some part of that small part of the Kings Revenue for their support and encouragement which would be more chargeable to the people and be more unequal and not consist so well with the Rules of Justice if it should be raised by any other way or contrivancce to give them a recompence proportioned to their cares and labours Which my Endeavours I have presumed to offer unto your view not that I can believe that your known integrity sincerity and care of Justice in that honourable Office and Dignity wherein his Majesty hath worthily placed you can by any Byass of Self-interest lead you to a better liking or approbation of these my Labours in the vindication of a Legal duty which so many are ready to throw stones at and do dislike it not because it is not a friend to Caesar but because it is But that I can be sure to be well-weighed in the Balance of Judgement by you who in the times of our unhappy Wars and turmoils of the Pen and Sword when the Seas roared and swelled the Winds and Waves cuft each other and Mountains and short breaking Seas did onely busie themselves to run over one another would not like the representation of our old Britannia sit safely upon the rocks contemplate the fury of the Seas but would with your Boat adventure to launch into the Deep and help to rescue as wel as you could the Ship of the Commonwealth which by the inconstancie of Winds and Weather and the rage of many Waters had lost her Anchors Rudder Masts and Cables and was ready to dash upon the next Rock she met with or founder or sink into the bottom of an unmerciful heap of Waters and when the Law was in Extremis and at the last gasp did like the undespairing Roman that bought a field when Hannibal being at the Gates with a conquering and prevailing Army had put Rome into more then an ordinary fit of an Ague publish those excellent Reports of your learned Father-in-law Justice-Croke to tell as well as instruct the Students of our Laws that our Laws would notwithstanding like the triumphant Lawrel and peaceful Palm be green again and ever flourishing and did together with some other good Patriots and well-wishers to your King and Country adventure your Estate and not without some hazards and dangers did by all the Rocks Shelves and Quicksands more perilous then those of Goodwin over the Scilla of a guilty party on the one hand and by the Charibdis of a prevailing interested party of the other hand and of as many more difficulties as summed up all together made a Miracle help to bring into the Port or Haven that Weather-beaten and distressed Ship fraught with the unvaluable Riches of the hopes of England and Restorer of our Peace and Plenty who hath ' built up and repaired our Jerusalem and brought our Religion Laws and Liberties from its captivity and the waters of Babylon in contemplation whereof his Majesty well understanding how much it would conduce to the good and welfare of himself and his people did intrust you with the keeping of his Records being the Evidences of the people as they were called in an Act of Parliament in 43 E. 3. together with those which have been since added thereunto and do now remain in the Tower of London and in the High Court of Chancery and with the dispensing of Equity and Conscience in Causes accustomed to come before you in which great Office and Employments and care for the common good that you may long continue is as it ought to be the hearty well-wishes and desires of all that know you Amongst whom you cannot erre if you shall please to number Your most humble Servant FABIAN PHILIPPS THE Antiquity Legality Right Use and ancient Usage of FINES To be paid in Chancery upon the suing out or obtaining some sorts of Original Writs retornable into the Court of Common Pleas at Westminster THe payment of Fines upon Original Writs in England were anciently and originally not as any exaction purchase or mony given to defile or betray Justice but as Retributions or Oblations to the Prince or supreme Magistrate for his grace and favour in granting Writs Remedial and as some recompence of his charges and care in causing Justice to be done to all that have need or should seek for it And some or such-like payments to the Magistrates or Ministers of Justice were in use more then two thousand years ago amongst the Grecians the grand Pretenders to Morality and Justice that greatest of the Vertues where besides a certain sum of money deposited by the Plaintiff for the making good of his Action or Complaint he against whom Judgement was given did pay a Fine as a Vectigal Temerariè litigantis And when Judges were appointed for the hearing of a Cause which amongst the Athenians were in many Civil Causes but as Arbitri or Arbitrators constituted by more supreme Judges or Magistrates they were to meet at the place for them ordained there to expect both parties until the evening at which time if neither or but one of the parties appeared it was in their power to fine the party neglecting according to Law And at the time they entred the Suit and wrote the Accusation with the Fine which was required for Damages the Judges received as a Fee from the Plaintiff one Drachm which according to the Attick valuation was in the lowest accompt seven pence half-peny and the Aeginean twelve pence half-peny And are nothing like either a burden or oppression when it shall be as it ought to be considered that amongst the Romans who imitated them and were so exact and curious in their Justice as they would not a great while permit their Magistrates Praetors or Lord Chief-Justices to take their wives with them into their Provinces Nè feminae in avaritiam suapte natura propensae potentiae subnixae provinciam expilarent And that the Plaintiff could not vetustissimo jure by a most ancient Law or Usage go to Law as Varro tells us nor the Defendant be permitted to make his defence without an equal or certain sum of money deposited both by the Plaintiff and the Defendant which the Sponsiones Sacramenta and Stipulationes amongst the ancient Romans do testifie and that of the monies deposited as well by the Defendants as the Plaintiffs Qui Judicio vicerat suum Sacramentum id est pecunia interpositum auferebat victi ad aerarium redibat But that being found too troublesome was afterwards reduced onely unto the Plaintiffs depositing of the tenth part of the money demanded by undertaking