Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	lord_n	parliament_n	4,338	5	6.4183	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B08249	An account of the original of judging according to equity and how erroneous judgments in equity have been rectified, humbly represented to the King, Lords and Commons in Parliament assembled, in order to a due establishment.	England and Wales. Parliament.	1690 (1690)	Wing A335CA; ESTC R214056	5,468	2

Thorpe was brought into Parliaament as the Record says before the King himself who took the Advice of all the Lords but I think the Judgment was the Kings and not the Lords 1 H. 4. n. 79. It is declared by the Arch Bishop of Canterbury by the Kings Command that all Judgments appeartain'd to the King and Lords unless in Statutes c. but I cannot find how the Lords in Parliament came to be Judges there in any Cause between Party and Party without the King or without his Assent or the Assent of his Chancellor or one whom the King puts there to Execute the Office of the Chancellor who is the Kings Representative in the House of Lords in his absence as appears 10 R. 2. n. 6. and by the several Actions by him done by the King Authority as Prorogueing and Dissolving the Parliament so that the Chancellor or he that executes his place in the House of Lords by the Kings Commission is not barely a Speaker of the House of Lords and no more and to be wholly Rul'd and Govern'd by the Lords but he is Answerable to God the King for all Judgments there given as being intrusted to represent the King who is the supream Judge In Judgments heretofore in Parliament the Advice of the Judges was followed and the late Lord Hollis the Champion for the Jurisdiction of the Lords in matters of Appeals Hollis's Case stated f. 22 to justifie the reasonableness of that Jurisdiction says That the great Officers of the Kingdome are part of that Body who in all reason says he should be knowing Men the Chancellor of England is always their Speaker who is commonly a person skilled in the Law and says he further they have all the Judges of the Land to be their Assistants with whom they Advise and by whose Advice they are guided in difficult points and I think all points in Law are difficult to Men not skill'd in the Law and there he Cites Flourdew's Case 1. H. 7. where the proceedings upon Writs of Error in the House of Lords are shewed Jenkins Lex Terre f. 55. and there it is said Sen●scallus cum dominibus Spiritualibus temporalibus per concilum Justiciariorum procedent ad Errorem Corrigendum The King is sworn to Judge justly and so is the Chancellor oblig'd to take the Oath of a Chancellor tho' he be a Peer and though the Lords upon Tryal of a Peer give their verdict upon honour yet I do not think that any Reason why if they are made Judges in other Cases they should not take the Oath of a Judge The King Judges by his sworn Judges who are his Council in matters of Law and they are call'd to the House of Lords not at their Lordships pleasure Cook 1. Inst f. 110. but they are call'd thither by the King's Writ which tells us to what end they come there in these words Quod intersitis nobiscum cum caeteris de Concilio nostro super premissis tractaturi vestrumque Concilium Impensuri Amongst the Petitions of the Commons in Parliament 1 R. 2. n. 87. it was prayed that no Suit between party and party be determined before any Lords or others of the Councel but before the Justices only which was granted by the King I think this was an Act of Parliament according to the manner of Enacting in those times and that the Lords in Parliament are the Kings Councel and are often call'd his Great Councel The Judges in a course of meer Law are oblig'd to judge according to Law and in a Course of Equity according to Equity but in both Cases the matter of fact whereupon both Law and Equity doth arise ought by the Law of the Land to be tryed by Jury of 12 Men unless in some few Cases yet the Courts of Equity have determin'd matter of fact without Jury which is very inconvenient It is obiected by those that would not have the Judges Opinions regarded at all in Judgments in the House of Lords that they may be corrupted which I admit but if any such thing appear such Judges may be disp●ac'd and honest Men put in their places as sometimes Parliaments are factious but that doth not justifie the King to make Acts without a Parliament yet he may Dissolv a Factious Parliament and call another by whose consent he may make Acts and so corrupt Judges being displac'd the King and Lords may be advis'd by honest ones It may therefore be worthy consideration whither it be secumdum Legem Consuetudinem Parlamenti for the Lords to Reject the Opinion of the Judges as of late hath been done both in matters of Law upon Writs of error and in matters of Equity upon Appeals in which last such Regard ought to be had to the Law as not quite to overthrow it though by reason of some Circumstances in some cases the Rigour of the Law may be moderated and some small deffects of the letter of the Law supplyd by Equity in Cases within the meaning thereof and therefore he can never be a good Judge of Equity that is not well Skill'd in the Law and if it were otherwise since Equity overrules the Law we had better take Advice of Honest Gentlemen tha● spent all their Lives in Hunting and Hawking and other pleasure and never Convers'd with nor understood the Gibbrish of Law Terms nor the noise of Westminster Hall then to give any Eminent and well read Lawyer 5 or 10 or 20 Guinneys for his Advice for the Judgment of the first sort is most naturall and therefore most like to suite with the Judgment of the Lords if they neglect the Advice of the Judges And to perpetuate Affliction such Judgment must now be the last resort according to some Opinious for so they would have the Judgment of the Lords though the King nor his Representative be no party nor consenting thereto and that if they Err it is not to be rectified by themselves nor by Act of Parliament though our Law Books say that Parliaments may Err and do err oftentimes and their Errors may be rectified in another Parliament or another Session as appears Bro. Error 68 Crompton f. 12. L. Hollis's Case stated f. 65. The whole Parliament of the 21 of R. 2 and the Authority thereby given was repealed for this principal Reason amongst others because there was a Clause therein that no person should attempt to revoak any Ordinance then made Cooks 4. Instit f. 44. which restraint says the Lo d Cheif Justice Cooke was against the Jurisdiction and power of Parliament the Liberty of the Subiect and unreasonable What then will be the Consequence If a Judgement in the House of the Lords is so perpetually finall be it ever so Eroneous that it cannot be rectified by themselves nor by Act of Parliament And pray what becomes of the Kings supremacy if the last resort of all be in the Lords alone without the King I may boldly say there is nothing so great a grievance as the Male Administration of Justice and therefore nothing more becoming the Commons of England in Parliament Assembled who are the grand Inquest of the Nation then to endeavour to preserve to the People the due course of Administration of Justice and to endeavour to restrain all Usurpation upon our Laws and Liberties by whomsoever it be by their open declaring and voting against it and Addressing to the King our Supream Head and Governour for a Regulation and in particular to desire His Majesty to grant Commissions to the Judges and some others of Ability and Integrity to Review Decrees in Courts of Equity as formerly was the practice and as now is used to Review Decrees in the Prerogative Courts and to desire the Lords in Judgements in their House to takeand have due Regard to the Opinion of the sworn Judges and that if at any time any thing should happen to be unreasonably done or advis'd by them through oversight misinformation or otherwise or if a Case should happen against Reason for which no Releif may be had by the oridinary Course of Law of Equity the same may be helpt by the whole Parliament consisting of King Lords and Commons in whom the Legislative Power Resides and who all together are Superiour to the Lords alone in their Judicial Capacity and may supply their Deficiency as was lately done in the Case of Roberts against Bodvil and Winn the said Roberts having been in Chancery a great while endeavouring to set aside a Will and from thence Appealed to the Lords but could not effect it but By Act of Parliament which may be seen in the Parliament Rolls 18 Car. 2. n. 9. Vir bonus est Quis Qui Consulta Patrum qui Leges Juraque servat