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	know_v	law_n	1,535	5	4.6917	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26069	The royal apology, or, An answer to the rebels plea wherein the most noted anti-monarchial tenents, first, published by Doleman the Jesuite, to promote a bill of exclusion against King James, secondly, practised by Bradshaw and the regicides in the actual murder of King Charles the 1st, thirdly, republished by Sidney and the associators to depose and murder His present Majesty, are distinctly consider'd : with a parallel between Doleman, Bradshaw, Sidney and other of the true-Protestant party.	Assheton, William, 1641-1711.	1684 (1684)	Wing A4038; ESTC R648	26,293	69

King hath Power in many cases to Dispense with the Laws And that no (a) Jur. Coron p. 84. Act of Parliament can bind the King from any Prerogative that is solely and inseparably annext to his Sacred Person and Royal Power but that he may dispense with it by a non obstante The Reason of which Prerogative which to some unthinking Men may seem extravagant is plainly this All human Constitutions are liable to Defects And there was never any Law yet framed with such Policy and Skill which might not on some occasion or other be burthensome to the Subject For particular Cases and Contingencies are so infinitely various that it is impossible for human Wisdom to foresee or prevent them And therfore it is absolutely necessary That there should in all Governments be some Power Superior and Paramount to the written Laws By whose Authority the Subject might be reliev'd and pardon'd when the nice and strict Observance of the Law through some unexpected Event might be grievous to himself or destructive to the Publick And (b) Bish Sandersons Judg. of subm to Usurp p. 18. this Power of dispensing with particular Laws as the learned Bishop Sanderson informs us is such a Prerogative as without which no Commonwealth can be well govern'd but Justice would be turn'd into Gall and Wormwood Nor can the Supream Governor without Forfeiture of that Faithfulness which he oweth to the Publick-Weal divest himself thereof If some Men who are very unwilling to give the King his Due are still dissatisfied in the point the present posture of Affairs here in England may then fully convince them We all know that according to the Law High-Treason is punishable with Death And the Judgment of the Court on such occasions is to be Hang'd Drawn and Quarter'd This is Law Let me therefore ask these Men. Can the King by his Prerogative dispense with this Law so as to free the Criminal from the Punishment a Toto or a Tanto or can he not If they say not Ipsi viderint Let them look to that who are most deeply concern'd But if now at the last they are grown so considerate as to say that he can Give me leave then to expostulate with them concerning that late Instance of the unfortunate Lord Stafford When his Majesty out of Compassion to that Noblemans Person and respect to his Quality had changed the manner of his Death and given him the favour to be Beheaded What a noise was then raised That the Law must be observ'd What Fears and Apprehensions of Arbitrary Power What a Tumult did those scrupulous Sheriffs make on that occasion by Petitioning the Two Houses Whether the Kings Writ ought to be obey'd But what Answer they receiv'd both from Lords and Commons is sufficiently known I shall make no Reflections upon it tho indeed the Impertinence of that Action in which I doubt they were encourag'd by some greater than themselves might deserve a Remark From these Premises it is evident That there is Lex Coronae a Royal Prerogative granted by the Common Law to the Crown of England Superior to all written Laws By virtue of which Prerogative-Law the King hath Authority on emergent occasions and when such Dispensation may promote the ends of Government to Dispense with most Statutes or Acts of Parliament Salus populi suprema Lex esto when rightly understood is a full proof of this Assertion As therefore on the one hand When Sedition is rampant and affronts the Government when the Mercy of a King shall be voted his weakness and his Royal compassion and unwillingness to Punish shall have this Gloss put upon it He dares not do it As in such a Case Reason of State which is Salus Populi doth require That some should be executed in terrorem to repress the insolence of others So on the other hand When Tumults are abated when Faction is broken and that Men begin to acknowledg their Mistakes and return to their Wits If under such inviting Circumstances as these the King out of his Grace and Mercy shall either Pardon a Traitor or abate the rigour of his Sentence who will pretend to say that such undeserved Favour is Illegal Or that the King whether he pardon or punish doth not govern in both Instances according to Law The Objectors go on If the King thus entrusted to keep the Laws and preserve Religion should be guilty of a wicked Design to subvert our Laws and destroy our Religion by introducing an Arbitrary Tyrannical Government he must then understand that he is but an Officer of Trust All this is granted If the word Trust do only refer to Almighty God but not to the People The King doth chearfully acknowledg that he is Authoriz'd and Deputed by the most High to govern these Nations and that he must render an Account for so great a Trust committed to his charge And though the King hath many Enemies both Spiritual and Temporal yet his Support is this He who gave him his Commission is able to Protect him He hath hitherto very signally preserv'd him And it is the constant hearty Prayer of all Loyal Subjects That his God and the God of his Fathers will preserve him still His Majesty hath indeed many Enemies and good Princes did never want them but in the Mercy of the most High he shall not miscarry But if this Trust do refer to the People as if the Kings Power and Authority were derived to him from the People by way of Pact or Contract Let them then explain Who are this People with whom he did thus Contract When was this Bargain made What are the Conditions Before what Witnesses Who must Judge of the Delinquency VVhere are the Records of these Transactions to be perused If no Evidence to confirm any of these Instances the Case is then decided by that known Maxim Idem est non esse non apparere This Fundamental Contract of the Nation is only a hard Word to amuse the vulgar We know not what it is nor where to find it But it follows in the Objection The Parliament of England the Representatives of the People in whom all Power doth Originally reside they are to take Order for the Animadversion and Punishment of such an Offending Governour Parliaments were ordain'd to restrain the exorbitant Power of Kings and to redress the Grievances of the People The Sum of which charge is this There is a Coercive Power over the King Which Power Mr. SIDNEY tells us Originally in the People of England is delegated Sidney's Tryal p. 23. unto the Parliament To which I do thus Answer That though his Majesty hath a just esteem for Parliaments and thinks the Parliament of England the happiest Constitution that ever Nation did enjoy and hath gratiously assur'd us That no Irregularities of Parliaments shall make him out of Love with Parliaments but that he will have frequent Parliaments Yet such an extravagant Power of Parliaments as is here pretended is

Desolation part 1. cap. 4. pag. 77 78. BRADSHAW THE People of England as they are those that at the first as other Countries have done did chuse to themselves this Form of Government even for Justice sake that Justice might be administred that Peace might be preserved so Sir they gave Laws to their Governours according to which they should Govern and if those Laws should have prov'd inconvenient or prejudicial to the publick they had a Power in them and reserved to themselves to alter as they shall see cause Kings Trial p. 64. CHARLES STUART King of England The Commons of England Assembled in Parliament according to the fundamental Power that rests in themselves have resolved to bring you to Tryal and Iudgment p. 29. If so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of Trust and he ought to discharge that Trust and they are to take Order for the Animadversion and Punishment of such an Offending Gover. p. 65. Sir Parliaments were ordained for that purpose to redress the Grievances of the People And then Sir the Scripture says They that know their Masters will and do it not what follows The Law is your Master the Acts of Parliament pag. 66 67. This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so says the same Author and truly Sir he makes bold to go a little further Debent ei ponere fraenum They ought to bridle him pag. 65. That the said Charles Stuart being admitted King of England and therein trusted with a limitted Power Vid Char. p. 30. The House of Commons the Supream Authority and Jurisdiction of the Kingdom pag. 48. Which Authority requires you in the name of the People of England of which you are Elected King to answer them pag. 36. Sir you may not Demur the Jurisdiction of the Court they sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them pag 44. For there is a Contract and Bargain between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal Sir if this Bond be once broken farewel Soveraignty pag. 72. Sir though you have it by Inheritance in the way that is spoken of yet it must not be denied that your Office was an Office of Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Desient let all men know that great Offices are seizable and forfeitable as if you had it but for a year and for your Life p. 73. And Sir the People of England cannot be so far wanting to themselves which God having dealt so miraculously and gloriously for they having Power in their hands and their Great Enemy they must proceed to do Iustice to themselves and to You. p. 75. SIDNEY and other of The True-Protestant Party GOD hath left Nations unto the Liberty of setting up such Governments as best pleased themselves The Right and Power of Magistrates in every Country was that which the Laws of that Country made it to be Sidn Pap. p. 2. St. Peter 1 Pet. 2. 13 14. stiles Kings as well as the Governours under him the Ordinance of Man which cannot have any other Sence but that Men make them and give them their Powers Hunts postsc p. 37. By all which it is evident That the Succession to the Crown is the Peoples Right And though the Succession to the Crown is Hereditary because the People so appointed it would have it so or consented to have it so yet in a particular Case for the saving the Nation The whole Line and Monarchy it self may be altered by the unlimited Power of the Legislative Authority Hunts Postsc pag. 43. Some Men will talk as if they believed themselves That the Legislative Power is in the King when no King of England yet ever pretended to it A Legislative Authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued Hunts Postsc p. 28. BRACTON saith that the King hath three Superiors to wit Deum Legem Parliamentum that is the Power Originally in the People of England is Delegated unto the Parliament Sidn Tryal p. 23. All Government is founded in Trust and settled in such a Person or limited to such a Family for the safety and advantage of the People as well as of the Ruler It is remarkable that there was never a Conveyance of the Crown of England to any Person but upon the tacit Concurrence and with the Virtual or Implicite Consent of the People And therefore anciently before an King of England was actually Crown'd the People being first acquainted with the Day appointed for that Solemnity were three several times publickly asked whether they would have such a Person to rule over them Let. from Gentl. in the City concerning D. Y. pag. 13 14. Those Laws were to be observ'd and the Oaths taken by them having the force of a Contract between Magistrate and People could not be violated without danger of dissolving the whole Fabrick Sidn Pap. pag. 2. If he doth not like his condition he may Renounce the Crown but if he receive it upon that Condition as all Magistrates do the Power they receive and swear to perform it he must expect that the performance will be exacted or revenge taken by those he hath betrayed Sid. Try p. 23. I will hope there are very few in this Nation so ill instructed that do not think it in the Power of the People to depose a Prince who really undertakes to alienate his Kingdom or that really Acts the Destruction or the Vniversal Calamity of his People Great consid relating to D. Y. consider'd p. 6. To give every one his due is to administer Defence to the Innocent and by Authority of Law to subdue the Aggressors of Mankind how great and mighty soever they be Fiat justitia therefore Id. Pag. 16.