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	king_n	law_n	3,633	5	5.0197	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77282	A plea for the peoples good old cause: Or, The fundamental lawes and liberties of England asserted, proved, and acknowledged, to be our right before the Conquest, and by above 30 Parliaments, and by the late King Charls; and by the Parliament and their army in their severall declarations in their particular streights and differences. By way of answer to Mr. James Harrington his cxx. political aphorismes, in his second edition. By Capt. William Bray.	Bray, William, 17th cent.	1659 (1659)	Wing B4307; Thomason 763[7]; ESTC R207096	15,797	16

A PLEA FOR THE PEOPLES GOOD OLD CAVSE Or The FUNDAMENTAL Lawes and Liberties of England Asserted proved and acknowledged to be Our RIGHT before the CONQUEST and by above 30 Parliaments and by the late KING CHARLS and by the PARLIAMENT and their ARMY in their severall Declarations in their particular Streights and Differences By way of ANSWER To Mr. JAMES HARRINGTON his CXX Political Aphorismes in his second EDITION By Capt. WILLIAM BRAY. Acts 22.28 29. And Paul said BUT I was FREEBORNE Then straightway they departed from him which should have examined him And the Chief Captain also was afraid after he knew he was a Roman and because he had bound him Entered according to Order LONDON Printed by J. C. and are to be sold by Francis Smith at the Elephant and Castle near Temple-Barr 1659. I. AS to the first Aphorisme it is granted you that the errours and sufferings of a People are from their Governours But I desire you to consider and grant the Reason thereof which is as I conceive because they have laid aside the RIGHT RULE viz. the FUNDAMENTAL LAW to be directed and governed by and to govern others also by in this grand and humane concernment as to LIFE LIMB LIBERTY and ESTATE according to the 29th Chapter of the great CHARTER of England II. As to your second Aphorism I averr That the foundation of the Government of England is LAW and a sufficient unmoveable Foundation and is termed a Fundamental Law not only from the unknown Original of the great Antiquity of it by mutual consent agreement and usage of the People as is to be presumed upon mature and serious deliberation without any violent imposition But because of the justness peaceableness and impartiality thereof for the provident means of conservation of all our Lives Limbs Liberties and Estates from illegal and Arbitrary violence and destruction and to procure Justice and Right in the Land of our Nativity And for the Governours being generally but temporary and subject to imperfection death and divers humane casualties they are in the eye of the Law subordinate to the being and Excellency of the Law neither did ever any wise and just person as I conceive who loved his Country in any age or time upon just and serious consideration with himself requisite in such cases of weight endeavour to alter it And if any persons have laboured an alteration to gratifie an unjust Faction or interest or for some other Reasons presented though very plausible it hath oftentimes proved very fatal to the Innovators themselves in the experience of the People in the exercise of two of the sences viz. of Sight and Feeling although you say in your 5th Aphorism they cannot see but feel The 29th Chapter of the Great Charter consists of these ensuing Particulars 1. That no man shall be taken or imprisoned in the first Place because the Liberty of a mans Person is more precious to him then all the rest 2ly None shall be disseissed that is dispossessed of his Freehold that is Lands or Livelihood or Liberties or Free Customs that is of Franchises Freedomes and Free Customes as belong to him by Free BIRTHRIGHT Thirdly None shall be Out-lawed made an Exlex put out of the Law that is deprived of the benefit of the Law Fourthly None shall be exiled or banished out of his Country that is no man shall loose his Country Fifthly None shall be in any sort destroyed unless it be by the Verdict of his Equals or according to the Law of the Land Sixthly No man shall be condempned at the Kings Suit either before the King in his Bench or before any COMMISSIONER or JUDGE whatsoever but by the lawful Judgment of his Peers that is Equals or according to the Law of the Land And further to manifest that it is to be presumed that the people were sensible that there was a possibility probability of imperfection in a King as he was a man what through himself on the one hand or what through evil advice on the other hand which may surprize greatness and seduce it contrary peradventure sometimes to their own inclination suitable to that saying of the Apostle 1 John 1.8.10 If we say we have no sin we deceive our selves and the truth is not in us If we say we have not sinned we make him a lyar and his word is not in us Rom. 3.9 10. What then are we better then they No in no wise for we have before proved both Jews and Gentiles that they are all under sin As it is written There is none righteous no not one For no single PERSON or PERSONS in the world that ever did or may Rule among men can say of himself or themselves as Paul in the 4 Heb. 15. said of CHRIST who though he was tempted yet was without sin therefore it was necessary there should be a Legal Supremacy in our FUNDAMENTAL LAWS and RIGHTS and to manifest as I conceive that there was like Knowledge and necessary indubitable apprehention in a King in the daies of many Monarchs as well as in the People that there was such a possibility and probability of imperfection if the Law should not be a Rule to the Governours as well as governed there is in the end of the said 29th Chapter these other and last ensuing Legal and necessary particulars and Obligations to bind him from intermedling and doing Acts of evil or hindring Acts of Justice or Right and that the Peple in their Methodical Fundamental way of Justice might distribute Justice and Mercy one amongst another according to that RIGHTEOUS RULE 7 Matt. 12. Do in all things as you would be done unto Seventhly We shall sell to no man Justice or Right So that Covetousness which by the Reverend Apostles and divers Scriptures is said to be the Root of all evil was to be abandoned by this FUNDAMENTAL LAW and no profit was to stand in the way of Right to any man whatsoever Eighthly We shall deny to no man Justice or Right so that the Law saith it was not in the power or courtesie of Princes to give us Right as a favour for they were bound by the Common Law which was our Right for many hundred years ago before the CHARTER and by the CHARTER and by OATH not to deny us Right yea impartiall Justice or Right And therefore VVilliam the Conquerour after he had Conquered all almost yet did sweare to confirme and defend our Lawes and antient Customes and Rights Ninthly We shall deferr to no man justice or Right so that thereby it is apparent there was no way for Evasion of this wise CHARTER of Confirmation or Restitution of our Common Law or to avoyde the injoyment of our Fundamentall Rights without which we cannot live For it is a clear thing to all rationall men that Justice or Right is not to be sold or denyed to any but if it be neither sold or denyed in any visible Fact or Deed yet if it should

commanded all our Justices that they shall from hence forth do even LAVV and execution of RIGHT to all our Subjects Rich and Poore without having regard to any Person and without letting to do RIGHT for any Letters or Commandement which may come to them from VS or from any other or for any other CAUSE suitable to this also hath all the Kings of England been obliged by the Sacred and inviolable Obligation of an Oath and therefore Saint Paul saith 6 Heb. 16 17. Men verily sweare by the greater and an Oath for Confirmation is to them an end of all Strife and that God to shew the immutability of his Counsell confirmed his promises by an Oath And in the first Remonstrance of Parliament dated the 15th of December 1641. you may find what Particulars were declared as grand evils Incumbrances Breaches and Inconveniences done against the Righteous antient Lawes and LIBERTIES of the People which shewes what the GOOD OLD CAUSE was originally declared to be in defence of which cause there hath been shed so much precious Blood Destruction of FAMILIES and many MILLIONS of Treasure spent I have been a little tedious in this partly because I saw an ingenious Pen take some just Cause of offence as I conceive from your Petition directed to the Parliament of the Commonwealth pag. 4. cited by Mr. Rogers in his Book called A CHRISTIAN CONCERTATION c your words he cites are these viz Your minds are not settled in any known Constitution of Government or Fundamentall Orders according to which all LAWS should be made The late King Charls in his Declaration published by advice of his Privy Councell in the Book of Collections of Remonstrances and Declarations printed by Edward Husbands by Authority of Parliament pag. 28 29. saith That the Law is the INHERITANCE of every Subject and the onely security he can have for his LIFE LIBERTY and ESTATE And in an answer to the Petition of the House of Commons 28 Jan. 1641. pag. 61. he called God to witness that the LAVV and LIBERTIE of the Subject should be as much his care and industry as of his life or of the Lives of his deerest Children And in the said book of Declarations of Parliament 19th May 1642. pag. 211.212 We are fully say they of the Kings mind that he might rest so secure of the affections of his Subjects That he should not need of Forraigne force to preserve him from Oppression and are very confident he should never want an abundant evidence of the good wishes and assistance of the whole Kingdom especially if he shall be pleased to hold that Gratious resolution of building upon that sure FOUNDATION the LAW of the Land Then their Remonstrance of Parliament May 26. 1642. pag. 263. That they would be tender of the LAW which they acknowledged be the Safeguard of all PUBLICK and PRIVATE Interests And page 657 and 666 That the Parliament raised the Army for their just defence and LAWS NECESSARY PRESERVATION when an Army was marching towards them to destroy them both And in the Book of the Declarations of the Army Printed by Matthew Simmons 27 Sept. 1647. After their then victory they hoped to to put an end to Tyranny and Oppressions that Justice and Equity according to the LAW of the LAND should have beee done to the People That the meanest Subject should fully enjoy his RIGHT LIBERTIE and PROPRIETY in all things which the Parliament had made known to all the world in divers of their Declarations to which they had so often bound themselves to perform by their OATHS VOWS COVENANTS PROTESTATIONS and the Parliament in the aforesaid Book of Declarations page 659 666 661 amongst other words declared that the Cause was That the Commonalty might enjoy in the maintenance of their LAVVS LIBERTY RELIGION their own BIRTH-RIGHTS FREEDOM and LIBERTY of the LAVVS of the LAND being equally intituled thereunto with the greatest Subject yet we hope say they this is far from any purpose to raise malice and hatred between them and the Gentry but rather to knit and unite them more fast together and the late KING CAARLES in his Declaration in the aforesaid Book of Declarations page 768 769. Confesses and averrs That the LAW makes the meanest Subject as much a LORD of his own as much as the greatest Peere to be valued and considered as by the said several Declatations will fully and largly upon perusal appear So that I have shewed some of the chief FOUNDATIONS of our Government which is unchangeable and which all personal authorities are subservient unto their greatest duty and care being to preserve the same inviolable and the People will be miserable if these FOUNDATIONS or any suitable superstructure to this FOUNDATIONAL RIGHT Government or Freedom be changed III. As to your third Aphorism you would have done well to have informed the People and Parliament of the Common-wealth of England wherein or in what particulars the Government by Lawes formerly in the time of Monarchy were imperfect or ineffectual that so they might have had some benefit by you by being made capable to know what you mean and how to redresse any Invasion upon our FUNDAMENTAL RIGHTS but a general Charge in the judgement of Law or Reason signifies nothing according to an apptoved Maxim in Law Dolosus versatur in generalibus IIII. As to your fourth Aphorism It hath been the Peoples misery that there hath been so many various Governments as you call them by Arms. But the use of Arms in a generally professed and pretended Christian and rational Common-wealth that hath such excellent Laws as we have must be only as contingent things and subservient to the Supream Government the FUNDAMENTAL LAWS of Justice Peace and Safety PARLIAMENTARY constant COUNSELS V. As to your 5th Aphorism It s hard to judge and averr that the People cannot see as well as feel and it is much if the losse of many thousand persons and Families several waies Millions of Treasure Destruction of Trade and all other sad inconveniences and consequences thereof should not make them see Indeed if you had said that a party of the People whose eys have swelled with fatness and have had more than heart can well or reasonably wish and who have had great and continual places of profit in the Common-wealth under every Power almost For these not to see because they have not felt I should have more approved of such a kind of Aphorism VI. To your sixth Political Aphorism I say That the declared end of this late sad intestine War was that we might have our peaceable Government by Laws abhorring all things of Force The GOVERNMENT by good Laws as ours are is just peaceable and certain The Government by FORCE cannot properly be called a GOVERNMENT but ought to be subservient to the Supream Fundamental Law and to the Supream peaceable PARLIAMENTARY Legislators or CONSERVATORS of that Law VII To the seventh Aphorism I say in agreement with you

That it is every FREE-BORN mans duty whatsoever to endeavour to attain to that righteous end the Government by LAWS VIII IX X XI XII XIII To the 8 9 10 11 12 13. I say in brief What the People of England may do if not trusted with their Rights I know not or if trusted I know not I cannot divine I think it is only known to the infinite wise God who foresees all events But I have shewed you that our Laws are sufficient And by a Fundamental Constitution and as a lawful means to preserve our Rights it is our Right to have our constant SUCCESSION of PARLIAMENTS 1 Rem of Parliament 15. Dec. 1641. The Parliament declared That the Triennial Parliament for the matter of it did not extend to so much as by LAW they ought to have required there being two Statutes still in force for a Parliament to be once a year And the Lord Cook in the 4th part of his Institutes treating of the High Court of Parliament cites 36 Ed. 3. cap. 10. A Parliament every year 4 Ed. 3. cap. Inter Leges Edgar Cap. 5. Before rhe Conquest Parliaments were to be holden twice every year Sithence good men are rare and also sithence you say it is not Prudence to be sure of Assemblies of good men and that there is but a possibility of good in a personal security a Constant Succession of Parliaments would be a LAWFUL means to make men good if it were to be supposed or uncharitably to be presumed not to be in conscience and prudence yet for fear of the evil and infamy that may ensue to themselves if they should destroy good Laws and make bad ones So that I hope that it is clear The nature of our form is good and that it will require necessary action and use and I suppose your 13th doth conclude with my opinion viz. Where the SECURITY is in the PERSONS the GOVERNMENT maketh good men EVIL where the SECURITY is in the FORM the GOVERNMENT maketh evil men GOOD especially if the good Law or Form hath its course without violent interruption or Fraud Hazael had a good opinion of himself 2 Kings 8.12 13. when he asked the weeping Prophet Is thy servant a Dog that he should do this great thing XIIII XV XVI XVII XVIII To your 14 15 16 17 18. Aphorisms I agree That Assemblie legitimatly elected by the People are the only party that can govern without an Army and that the People are deceived by Names and not by things and that the People are generally satisfied in a well ordered Common-wealth and where they are justly dissatisfied it runs to confusion and the sad consequences thereof XIX To your 19 Aphorism It were good you should endeavour to convince the several parties of England wherein they hold any thing inconsistent with the Common-weale that so they may know what you meane That a GOVERNMENT to be mannaged by a few or a party is inconsistent with a Common-wealth I agree with you in this for it is contrary to our ancient FUNDAMENTAL CONSTITUTION Lord Coke in his 4th part of his Institutes upon his treating of the HIGH COURT of PARLIAMENT I 1 H. 4. M. 70. The high Court of PARLIAMENT to be committed to a few is against the Dignity of a Parliament and no such Commission ought to be granted XXI XXII To your 21 22 Aphorisms It seems to me strange that after all this blood and misery you should plead for a National Religion or Ministery and to hold That any GOVERNMENT without it is inconsistent with a Common-weale If your meaning be that the Magistrate or any of the People may give a publick voluntary indowment to any out of their own Labours Proprieties and Estates I conceive they have that Liberty because they have a Liberty of their own Conscience and so the Magistracy may have an Inspection into the Ministery they being voluntarily and according to their judgment and Conscience obliged one to the other and so it is the MAGISTRATES MINISTERY But if you mean that a Magistrate shall impose a National Religion and indowment upon the People or upon any consciencious dissenting part when no man can justly give such a Power to the Magistracy to Lord it over his Conscience which is tender and to have dominion over his understanding which is only subordinate to God in point of Worship I am not of your judgment For that if the People or any of the People shall be so void of Reason to pretend to give it they pretend to give what is not in their Power to give and the Magistrate receives a pretended power which is unlawful inconvenient and distracting to receive and indeed impossible in manifold considerations to be well and peacably mannaged if it were given or received or usurped by its being not given as indeed it is not in FUNDAMENTAL LAW or Reason Therefore how barbarous and irrational as well as unchristian it is for a MAGISTRATE that is mutable in his understanding as most Ages and times have shewed not LORD of his OWN CONSCIENCE no more then any other man to impose upon another in Worship or charge that which is against his Spirit when the very command and imposition if against Conscience may cause the sin of Hypocrisie and make the Spirit boyl and rise in unpeaceableness within himself against the Worship and Form thereof as well as against the person imposed there being nothing but indisposition of mind both to Person Doctrine Faith and mutual society Whereas the reverend Apostle saith VVhatsoever is not of Faith is sin And God himself doth not value a worship if in Hypocrisie and without Faith and conviction I might mention the miserable and great calamity the endeavours of imposition upon the Conscience hath occasioned How grievious and burthensome were the waies thereof declared publickly to be offered by the Bishops to men of different Judgments who came to be distinguished by Presbyter c. What calamities did they declare to suffer And what change of calamity came upon the flourishing Episcopacy And how grievous and contrary was it a great while and peradventure yet still remains to the Conscience of the Episcopacy to subject to the Judgment Form and Worship of the Presbyter and how difficult hath it proved to the Presbyter to endeavour to intermeddle with matters that concern the Conscience or Reason of any other men different from themselves I submit to your self and ingenuous and impartial Readers Besides if you take a view of the whole body of the Scriptures of the new Testament you will find that the greatest part of the National Ministery and the special Prophets and Apostles of God and of Christ were for the most part contrary one to the other and how that God by his Son Christ and his said special Apostles and Prophets brands them with words of infamy as grand and capital instigators to Kings Princes by advising them to shew their advantage beoppressive to