Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n judge_n king_n law_n 5,155 5 5.2571 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A01240 A briefe description of the reasons that make the declaration of the ban made against the King of Bohemia, as being Elector Palatine, dated the 22. of Ianuarie last past, of no value nor worth, and therefore not to be respected 1621 (1621) STC 11353; ESTC S118722 8,057 16

There is 1 snippet containing the selected quad. | View lemmatised text

A Briefe Description of the reasons that make the Declaration of the Ban made against the King of Bohemia as being Elector Palatine Dated the 22. of Ianuarie last past of no value nor worth and therefore not to be respected PRINTED At the Hayf by Arnold Meuris Booke-seller at the Signe of the Bible 1621. A BRIEFE DESRIPTION OF THE REASONS THAT MAKE the declaration of the Ban made against the King of Bohemia as being Elector Palatine Dated the 22. of Ianuarie last past of no value nor worth and therefore not to be respected FIrst in that pretended proces there is found a most great imperfection in the principall foundation and ground thereof That is touching the matter and subiect of the Imperiall iurisdiction for that neither Diuine naturall nor ciuill Law doth permit the Emperour to be Iudge in his owne cause or that hee can in the present difference now made wherein there is a question touching a pretended vsurpation of the Crowne of Bohemia and of the interest of the house of Austria ground the afore-said Declaration vpon a breach of publike peace and consequently in the pursute of his particular interest to serue his turne against his aduerse party with most rigorous penalties of the constitutions of the said Peace which consist in the losse of all his Goods Countries honours namely his life For although men wil not dispute nor striue with the Emperor touching the power that he hath by vertue of the constitutions aforesaid of the Empire against the breakers of the publike peace which according to the opinion of ciuil Lawyers a Iudge may iudge of and make Decrees concerning his Office and iudiciall authority as also touching the conseruation thereof yet it is most certaine and euident as well by the Iudgements of all Ciuill Lawyers as by naturall equitie that the maxime aforesaid is graunted onely in cases wherein there is no question made of an interest profit and great aduantage of the Iudge and when the Act in it selfe is most manifest and without any doubt or difficulty whatsoeuer Otherwise and for want of such circumstances it is most dangerous that one selfe same person should be Iudge and party or that the Iudge and the party should sit both in one seate for it shall be shewed and most euidently declared hereafter that in this pretended Declaration there is no respect had vnto the said common doctrine of the Law nor to naturall equity Besides that the golden Bull as a fundamentall law of the Empire in expresse termes most plainely absolueth this question That is whether the Emperour may or can be Iudge in that which concernes his particular affaires or those of his house saying That an Emperour as King of Romanes in causes and matters that are alledged against him is bound by an auncient custome to appeare and answere before the Elector Palatine as not being permitted to be Iudge in his owne cause Which words so cleare and so expresse should be vnprofitable and of no effect if an Emperor of Rome could be both Iudge and party And such an absolute power of the Emperour was neuer at any time heard of nor knowne among nor vnto the true good Almaines or Germaines as being directly contrary to their liberties and it will be found namely in the time of Frederick the third in the controuersies betweene Duke Albert and his brother as also in the differences of Habsburg yea and by some examples in the house of Austria it selfe that ordinance of the golden Bull and fundamentall constitution of the Empire was confirmed by a consequent obseruation Considering that the precedent Emperours of most worthy memory did alwayes submit themselues to the ordinary course of Law at all times when any question was to be decided touching their particular patrimoniall goods and possessions So farre off were they from suffering themselues to bee caried away to such a passion and rigour in their owne interests and aduantages as in this case which at this time is in question Such kinde of violence being not exercised in an other mans cause of much greater consequence which concerned the losse of diuers Prouinces and notable Townes withdrawne from the obedience of the Empire the forces and reuenewes whereof are weakened and diminished more then the halfe Further and secondly it cannot be denied That the case in question doth not particularly touch nor concerne neither in the first and highest degree the Emperor his house and yet notwithstanding the pretended Declaration hath beene decreed and concluded by his Counsellours and seruants who by a most strict Oath whereof there is no release in this point are bound to procure the good of their Master And for that the said Counsellours and seruants from the beginning of the troubles of Bohemia haue sufficiently shewed that their intents and preiudicate Iudgements proceede from a hatred and a most extraordinary animosetie not only against the reformed Religion and those that generally make profession thereof but also against the person of the King of Bohemia and the Elector Palatine particularly In this that in all and in euery place they haue sought to condemne him before they heard him speake for himselfe or once receiued his Iustifications It is easily to be iudged that this pretended Ban the Declaration whereof was consulted of drawne and published by the wills and consents of the Emperiall seruants aforesaid had no reason nor any ground of impartiall Iustice and that consequently all the Proces is of no force nor value passion and animosetie as it is said hauing therein had all the gouernment direction treading Iustice vnder foot And thirdly in this point it is to be noted well waighed what men may iudge esteeme of all the points of this processe which without all reason and nature it selfe was begun and intimated by the execution In this that Marquis Spinola vnder the pretence of an Imperiall Commission with his Armie raised and payed by the King of Spaine did by manner of hostility inuade the Electorall Palatinate before the said pretended Declaration of the Ban was published Wherein there was no manner of respect had of any of the States and Countries that were neutrall and therefore wholy innocent as it appeareth manifestly by the ruine and intire desolation of that so flourishing a Country which iustly might be compared with the best parts of Germanie which is directly contrary to the Emperiall capitulation by vertue whereof no Emperour is permitted to vse any such violence but by a most singular wisedome and fore-sight it was referred to the lawes and fashions of the Warres vsed amongst the auncient Germanes and reduced to certaine termes in such affaires of the members of the Empire in these words That the Empire shall not forcibly assaile the Electors Princes and other States of the Empire but hauing any question or controuersie against any of them to shun and auoid all violence troubles and commotions hee shall cause the same to be descided by way