Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	judge_n	law_n	4,882	5	5.2868	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A83701	A disclaimer and answer of the Commons of England, of and unto a scandalous libell, lately published against the Parliament, and espcially the House of Commons and their proceedings: intituled The remonstrance of the Commons of England to the House of Commons assembled in Parliament, and falsely suggested to be preferred to them by the hands of the speaker. Wherein the malicious cavills and exceptions by the libeller taken to the proceedings of Parliament are detected and summarily answered, and the sottish ignorance and wicked falsehood of the libeller cleerely discovered, and the justice of the proceedings of this Parliament and House of Commons evinced and manifested.	England and Wales. Parliament. House of Commons.; White, John, 1590-1645, attributed name.	1643 (1643)	Wing E2573; Thomason E100_23; ESTC R12060	28,839	39

be setled for Law by Act of Parliament the Houses of Parliament must necessarily be Judges thereof and that the King is excluded without whose Royall assent the Act cannot be of force is as senslesse an Assertion as it is groundlesse and so is his Suggestion that this may be a perpetuall Convocation when the Divines are to consult of a few speciall matters only and report their Conclusions and reasons to the Parliament and then to end which cannot be a worke of many weeks or months at most Ob. Sixtly He saith That under the colour of freedom of preaching seditious Sermons are preached daily in the hearing of many of the House of Commons who traduce the Kings sacred Person slander his Governement and in expresse tearmes in courage the maintaining and continuing of this unnaturall and unchristian warre and yet none are punished for it Which makes him feare that this is and long hath beene made by some to be the principall engine to kindle this fire of hell to the just scandall of all good men and slander of our Religion this Doctrine comming so neare to that of the Jesuites Sol. If there were any truth in this charge and this man were guided by any good spirit he would rather turne Informer against such Preachers and hearers in a right way by complaining of it to the Parliament or either House as well yea rather then insert it in this Libell and in such a generall manner without certainty or particularity and we believe the Sermons thus clamoured against are printed for most if not all preached before the House of Commons or in the Church where many of them usually heare are published and of these we can judge and must conclude that this report of them is a loud lie like the rest of this fellows scandalls Indeed we know that many wicked Priests Malignant against the Parliament and the good and safety of the Kingdome have preached sundry seditious Sermons tending to the maintenance and continuance of this unnaturall and unchristian civill-warre against the Parliament and excepting such and others of the like spirit as this Libeller is we are confident there is no man especially if he love the King and Parliament but desires there may be an honourable end and buriall of these contentions Ob. 7 Divers worthy and painfull Preachers have been committed to prison by the House of Commons for delivering their consciences freely and religiously and preaching obedience to their Soveraigne These things tend mainly against the maintenance and propagating of the true Protestant Religion Sol. If this man had informed himselfe of the causes for which Preachers have beene committed by the House of Commons by the Articles exhibited and proved there against them he could not be so wicked as we conceive as to publish so notorious a lie as this is For we find upon search that the Ministers by them committed have publickly preached to stirre-up the Subjects to sedition to take up Armes against the Parliament and Kingdome and to corrupt the King and us with the leaven of false flattering Doctrine of absolute Power in the King to doe what he list with us our estates and lives to pusse-up the King above what is meet and to draw us into a willing and conscientious slavery Doctrines destructive to the Kingdome and contrary to the constitution thereof and our Lawes and contrary to Gods command given us to stand fast in the liberty wherof he hath made us free Gal. 5.1 And considering the endeavours of the House of Commons to remove the Papists Bishops and scandalous Ministers and other rubbish that hindred the prapogating of the true Protestant Religion and to plant faithfull orthodox painfull labourers in this Church which is so notorious to us all Malice it selfe cannot deny but that their waies tend unto the maintenance and propagating of our Religion Ob. Secondly touching the maintaining the Lawes hee charges the House of Commons with these particulars First That they assume to themselves power by a bare Vote without Act of Parliament to expound or alter a Knowne Law where that House formerly assumed no such power but in order towards the making of a new Law nor did the House of Peeres challenge any such thing but they having the power of judicatory as Iudges have proceeded according to the Rules of the Knowne Lawes and upon their Honours are answerable for the Iustice of their Iudgements as other Courtes are upon their Oathes Sol. It is plaine that this fellow erres through grosse ignorance of the proceedings of Parliament and of all the Records thereof in which there is nothing more frequent and familiar in all Ages then to find the House of Commons declaring the Law and complaining that the King hath done things against the Law First Judging and determining by Votes and then claiming the Lawes and the Rights of the people and of their House and the Lords in like manner and that in generall as well as particular cases and not to leade the Reader at this time higher This appeares in the Petition of Right wherein the Commons first declare and expound the Lawes concerning these Rights therein claimed and usurped upon by the King 2. The Lords joyn with them in that Declaration And lastly the King gives his Assent to this Declaration before and without which these things were Law the Statute being declaratory of former not introductive of new Law And the Kings Assent was had only to stop the mouthes of cavilling Court and Innes of Court Sycophants and Flatterers the Moth of Kings and Kingdomes against those Laws and the rest of this charge is a grosse lie and groundles imputation Ob. 2 He saith That the Parliament makes their owne Orders and Ordinances to be as Law and compell them to be observed and with a stricter hand which may bind their Members but not have the force of Laws till by the Kings Assent they be confirmed Sol. Besides the two causes here admitted that they may make binding Orders First in order to making of new Laws Secondly To bind their owne Members it is most evident that the Orders and Ordinances of Parliament are binding and are to be obeyed First where they are in pursuance of the Lawes in being for to them principally belongs the care of preserving the Lawes and of inforcing obedience unto them and of giving strength and vigour unto them by the King and his ordinary Judges and ministers of Justice neglected or abused Such was the late Order of the House of Commons for the pulling downe of Crucisixes and Popish Images according to 3o. and 4o. Edw. 6 ti Cap. 10. revived 1o. Iac. Cap. 2. And against Innovations in Religion imposed upon the Subject against Law as bowing at the Name of Iesus which is idolizing a Name against the Law of God and without any Law of man and they deceive their own souls and endeavour to deceive others that pretend they doe it to worship the Person of Iesus for

Petition unto them as if that alone were a cri●…e if the matter of the Petition doe not flatter them in their present courses Sol. We know they have been so sarre from accounting Petitioning a crime as they have received multitudes of Petitions from all parts of the Kingdome This therefore is a false imputation but when the matter of the Petition hath been seditious and tending to the disturbance of the publike peace and stuff with unjust aspersions of the Parliament in such case only they have imprisoned the Petitioners as is most just and necessary Ob. Sixthly Hee averres That the House of Commons have imprisoned others for Petitioning and intending to Petition to the King and yet the way is open to Heaven and GOD will heare in his good time Sol. They never imprisoned any for Petitioning the King except the matter were as is above-said to foment division between the King and his people And such a malicious Libellers petitioning Heaven will find no acceptance for the prayer of the wicked is an abomination to the Lord And if such Petitions be offered to Heaven as have been to the Parliament or to his Majesty by such spirits as this Malignant is possessed withall God will imprison such Petitioners except they repent in another-gesse prison then the Parliament casts them into And concerning priviledges of Parliament this Libeller proceeds thus Ob. First That the Parliament forbids us to dispute their Priviledges and assumes the sole judgement of them when in former ages they might be and have been judged by the Lawes of the Kingdome but he admits the Parliament to be Iudges of offences committed by their owne members against the Houses and of the election of their members Sol. We know and have found by late experience that when any inferiour Court hath presumed to dispute and determine the priviledges of the Parliament which is the highest Court they have been punished for it by the Parliament Have the inferiour Courts of London or other places been ever admitted to judge or determine the priviledges of the Kings-Bench or Common-pleas we cannot conceive it to be reasonable or legall but this Libellers malice hath so blinded him as he raves like a mad-man against the Parliament publishing any thing to their prejudice though never so much against cleare reason and common experience Ob. Secondly He saith Some of the members of the House of Commons have bin committed or put out of the House for speaking freely against the sense of the House or rather of some members therof Sol. This we are very confident is a loud lie and if he had instanced in any one it would have bin as manifest as the Sun when it shines out in its might and strength to be a lie And it is altogether improbable that the whole House should deale so with any member for speaking against the sense of some members therof Ob. Thirdly He saith The priviledges of the House of Commons were never challenged till now to extend to any member which should commit treason or fellony But they have now declared that no member of the House nor other imployed by them shall be questioned for Treason but in Parliament or at least by leave of the House Sol. It is true no priviledge of Parliament doth extend or was ever challenged to extend to exempt any member of Parliament from being questioned for treason or felony but it hath bin ever challenged and is an undoubted priviledge of Parliament that none of their members upon a bare accusation of these crimes should be left to a legall tryall before the House wherof he is a member be satisfied that there is good ground for the accusation upon a meere accusation no man is to loose his priviledge of Parliament but upon reall cause If to accuse be sufficient who shall be innocent and if the Law were otherwise every man that speaks his mind legally and according to his conscience and the trust reposed in him by his Country for the publike good if the King like it not he shall be presently accused of treason by the Attorney Generall and thereby taken out of the House and so freedome of speech in Parliament will be utterly lost and all members of Parliament that are good Patriots and stand for our Religion Lawes or Liberties may be taken out of the Parliament and none left there but such as will serve the times and humour the evill Councellours about the King a high-way to undermine and blow up not as the Papists intended in the Powder-plot one Parliament but all Parliaments and overthrow the Kingdome and reduce us and our posterity to slavery and misery without remedy for by the same reason as one man shall loose his priviledge upon such an accusation twenty an hundred and more may and then farewell the liberty and happinesse of England The House of Commons have ever proceeded justly and impartially against their owne members where there hath been reall cause to put them out of the House and deliver them over to the hand of Justice but if they should doe it upon a meere accusation yea such an accusation as is ashamed to be tryed as the late accusation of the five Members which would never endure the mentioning of an examination Certainly they should doe apparant injury and injustice and betray the trust committed to them and they that had a hand in this more then Gun-powder plot counselling and endeavouring by that devillish designe against the Parliament will remain infamous to all posterity Ob. Fourthly He saith The House of Commons have made a close Committee wherein a very few members of that House are privy to their counsels and what those few conclude is summarily reported to the House and that taken up upon trust by an implicite faith of all the rest Sol. This we know to be false in the whole and in every part of it First The House of Commons alone hath not made any such Committee but that Committee is made by common consent of both Houses and consists of Members of both Houses and is necessary for the preparing of businesse for the House and for the quicker dispatch of the affaires of the House as all know that understand any thing of the proceedings of Parliament Secondly It consisteth not of a very few but of a competent and fit number for such a Committee Thirdly Not only the members of the House of Commons but of the House of Peers also are privy to the councels thereof Fourthly The reports from that Committee to either or both Houses are as of other Committees nothing in it taken upon implicit faith but as every member of either House is at liberty to be at the councels debates and results thereof if they please so the particular reasons warrants and grounds of the Report are by the Reporter clearly opened and if not every member may require an account therof before he give his Vote Ob. Fiftly He saith Many of the present members of the

House of Commons have had their elections questioned and in two years space have had no leisure to determine them if they incline to the positions they lay down least they should loose such from their party Sol. If this Libeller had instanced in particulars an answer might be particularly given thereunto and he convinced of his forged accusation but to a generall charge we can say thus much in generall That all questions concerning election that have been brought to the House from the Committee of Elections have bin presently upon the Report thereof determined But if the Committee hath not had leisure to sit or opportunity to report because of the great obstructions that have been by the enemies of the publike good cast in the way of the Parliaments proceedings and the House of Commons enforced to spend all their time to resist and to endeavour to remoove the same it is not the fault of the Parliament but the fault of these men of Beliall that are risen up against the Parliament and Kingdom Ob. Sixtly He saith That when a matter of Importance hath beene in debate and put to the question and thereupon determined the same question hath been again resumed at another time better prepared for the purpose and determined quite contrary Sol. First That any such question hath bin received after determination that hath not come into the House upon some new occasion inforcing it we doe not beleeve to be true but that a great Councell upon debate determines one time one way and upon better preparation and second thoughts when it is by some emergent occasion brought againe into debate conclude another way and quite contrary is no newes it being both the priviledge and property of wise men to change their opinions upon better further and more mature deliberation and consideration being better prepared for it then they could be at first when it was suddenly and unexpectedly moved debated and determined Seventhly he quarrells at the Statute by which this Parliament is fixed so as it cannot be dissolved without common consent of the King and both Houses which in truth is a Statute onely declaratory of the Common Law of this Kingdome and no Parliament neither can or ought to be dissolved till they have redressed all the grievances of the Kingdome This wretch in this discovers a heart full of poyson against the publike good that like the raging Sea casteth out nothing but mire and dirt and foming out his own shame A Law made by the Supreame power of this Kingdome the Three Estates cannot escape the virulent tongue of this Rabshekah If this Law may be spoken against or questioned all others may And whereas the King in almost all his Declarations protests he likes well of and will observe and maintaine all the Laws made this Parliament this Villaine forbeares not to say he was over-reached in it Lastly he reckons up the miseries of a Civill War and saith that the Parliament is the cause of it when all men that have observed the History and Acts of these times knowes well at whose doores that sin and mischiefellies and whom it calls Father And he desires amendment of what is amisse without plucking up the foundation of government intended to be pluckt up except he meane the government by that Officer whom we call Bishop which never appeared in holy Scriptures but in the person of Diotrephes which the Parliament desires to remove that the same may be changed into the government of the Church by Presbiters the Officers and Bishops which the Scriptures approve of and give the government of the Church unto we know not what he meanes by foundation of government and we as we conceive all good men also doe doe for our parts desire to have a Church government according to the will of God expressed in his word and not according to the patterne of his professed Arch Enemy expressed in the Popish Hierarchy And we are confident that the Parliament had long before this by their judgement and wisdome provided for and setled our Religion according to God which is the true and indeed onely honour of Religion and the greatest satisfaction to our consciences if they might have had their wills and if it were obtained would procure mercy from Heaven that the Sword should be sheathed and devoure no more flesh and our Lives Estates and Liberties be preserved which are onely secured by our walking according to the Rule the only way in which the Angells will attend us and all happinsse flow upon us and our Posterity for ever And as for burying of by-past Actions in an act of Oblivion we are confident the Parliament neither needs nor desires it for themselves nor their friends being conscious of nothing done by them for which they have cause to feare the hand of Justice and if the honourable peace which they now so sincerely seeke and desire shall not be obtained we protest to all the world that with the utmost hazard of our lives and fortunes and of all we can call ours we will endeavour to vindicate them and our selves from the barbarous inhumane and more then Turkish and Heathenish Tyrannies of the Evill Counsellours about the King which seduce him and their Cavaleres and we doubt not but our God in whom we trust who hath wrought great salvations and done great things for us since the beginning of this unhappy War will be our guide and our strength and fight our battells and goe before us as a devouring fire to consume the enemies of our Peace and his Glory and perfect the worke of Reformation so happily begun and wonderfully carried on hitherto in spight of all opposition and in the sight of them that hate him Amen FINIS