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	law_n	rule_n	2,715	5	7.2240	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67913	The free-born English mans plea for justice: or, A cry against post-fact laws. Being a survey of the controversies touching the late purchased titles through the true perspective of justice. By William Jackson, one who hath lived to see the famine of justice removed, and hopes to see it continue as plentifully amongst us; as food in Samaria; after the flight of these Assirians: 2 Kings, 7.	Jackson, William, 1636 or 7-1680.	1660 (1660)	Wing J93; ESTC R207910	14,659	20

men whose profession it is that being the very top of the building to beautifie and confirme the foundation laid by the civil I think it might be much more pertinent to the condition of our Nations at present if every man would make it his request that we might enjoy that firm hand of all societies JUSTICE being the true rule to regulate all actions in any society whatsoever and give up his cause to such a decree but in regard we are apt looking through the fraudulent Medium of lusts before mentioned to be too partial in our own causes t is not fit we be our own judges The party perhaps that thinks himself injur'd if he have not his will will be apt to say neither ought our adversaries to be judges in their own cause against us so say I who then JUSTICE say I So I beleeve all men will be ready to say too what ever they think yet will not they say they desire any thing but Justice but cannot have that yes but any English man may really say we can have Justice our Fathers have so labor'd in their daies that we receive from them both Tree and Fruit for in Political or civil Discipline it is impossible to maintaine any at all without order whose business it is to fit every thing to its proper place to appoint some to Judg in cases of difference between party and party which Judgment though in the Infancy of the world it were wholly left to the discretion of the Judg yet finding men apt to be byassed by Alliance favor brybery c. it was then found a very unsatisfactory way the suffering party being apt alwaies to think himself wronged whether so or not to prevent which it was thought a much more indifferent course to have all cases reduced into Judgments which should be for Laws to decide all controversies and prescribe all penalties whatsoever By which means men had a rule to walk by to direct them what was evil or good what to persue or avoid what to be encouraged or punished for so that it was some satisfaction to them that they were securd from particular Spleen or Malice of others and by this means were not damnified for any thing of which they were not forewarned by the Law No nor the Judg himself could give any censure that was not prescribed to him in the same Law of this Nature were the Laws of Lycurgus Moses and most of the Antients that were Law-givers but in regard this power of Law making in the vicissitude of times is somtimes devolved to men of less qualified parts and integrity and that such did somtimes make Laws too too partial to themselves and too too grating upon the liberties and properties of others Al the Laws which were of equity and held proportion with that rule Do unto all Men as you would they should do unto you were by Iustinian drawn in Canons and are stil used in a great part of Europe and called by the Name of the Civil Law but though here were a good provision for Laws there was not so good a provision for giving Right Judgment as could be wished for because the interpretation of the Law and interpretation of the fact were refer'd to the breast of one man which was thought might be prejudicial to the true distribution of Justice Wherefore our Auncesters in this Nation I think have taken the most satisfying course most Just most free and generous way of all other Nations for first to preserve true discipline we have the Magistracy and Nobility our Law-giving power in as great and true a state of Honor and Justice and far more equitable then any of the former for our Prince and Peers have this priviledg only of constituting Laws and of appointing Judges for the distribution of Justice to the whole Nation Next a far greater liberty and security to the Commonalty because though they make not the Laws yet they contrive and compose al the Laws by which any of them are bound so that it is as satisfactory a condition as can be contrived for a man to be tied by no Laws but such as himself and Ancesters have tied and bound themselves by their own consent and with all these Law-makers after sessions in Parliament is ended are as subject to be punished by these Laws as any other by which means the whol commonalty have as much security as can be devised the self preservation of the devisers of the Law themselves being the buckler for every man against partiality And more than this least Laws so prudently contrived might be perverted in the dispensation the Judges are restrained from interpreting the fact of the delinquent who is to be tried by twelve of his Peers as if it were their own case so that all the Justice imaginable is in the Constitution of our Government so that for any to complaine and say he can not have Justice is a very falsity if he can have the aforesaid administration of it if he can not he may have his remedies against anywhere he finds the default or obstacle But now I have run through so great a digression I shall returne to the cause of it from whence I swerved These Plea's I say coming out on both sides now when the times begin to calme after so terrible a tempest would make a foraigner that should read them think we had nought but tumultuary proceedings and imagine that they that could make most of their part should get the advantage of their adversaries certainly to quiet Jealous spirits it is very necessary to tel such if they be lovers of Justice as I question not but they will say they are that its sit every man have Justice for Justice is the maine piller of a Nations safety for as in our bodies the due distribution of all Humors to every part its due and the preserving every part in its right temper and composition are the efficient causes of a mans health unless some part contrary to Nature be foul corrupt or gangrened then it is most conducing to the health of the whole somtimes to divert the nourishment and Humors somtimes to cauterise somtimes to cut it off But mark this is when it transgresses the Laws of Nature so likewise these that make Pleas for their losses if they have not transgressed any known Laws that were in force before their fact objected were committed t is fit the due distribution of Justice of giving every man his due procure them a restitution to what they have been by the distempers of the times deprived of but if they have transgressed any such known Laws that were in force before their fact then let them in Gods name receive the penalties allotted by those Laws for such trespasses and none other this is the true birth right of every free-borne English man and this he ought to have in Justice On the Contrary if they that are in possession whether benefices or other purchased Lands

have such true Titles to their Possessions as the Laws of the land shall justifie we cannot think such injustice can be permitted by his Majesty as to suffer them to be expelled contrary to Laws of which his Royal Proclaimation hath given them assurance but if the Laws of the Land wil not Justifie their possessions 't is great injustice they should hold them both to the detriment of those in present that ought to enjoy them and to be an il example or encouragement to others to enrich themselves out of others ruines for the future for without a Buyer there can be no Seller therefore where the Law did not Justifie that Title at the time of bargain In the name of God let Justice frustrate and restore to the just owner according to the true Title and let not our Age seek to justifie wrong by a post fact Law for which these Kingdoms have already felt such sore Judgments one such Law to take the blood of one man in that nature hath been revenged upon the whole three nations with the blood of many and should post fact lawes be now created to take the Estates of those which were not forfeitable by Laws extant at the time of the forfeiture I pray God do not revenge it after the same manner upon the three Nations and lay al of them desolate Rom. 7. 7. What shal we say then is the Law sin God forbid Nay I had not known sin but by the Law for I had not known sin except the Law had said Thou shalt not covet Where there is any forfeiture of an Estate there needs no post fact Law to confirm it for that Law which makes a man an offender hath the forfeiture annexed to it If post fact Laws be allowed Who knows when he does amiss Therefore both dispossessed and Possessors gainers and loosers if ye agree in nothing else agree in this one voyce Fiat Iustitia You would be loath either of you to be accounted unjust ye ought not to be your own Judges the Law ought to be our Judg for as Justice is and ought to be the rule to our Law-makers in making their Laws to shew them what should be Law so should the Law be both to them and us the rule of what is Justice They that fear the Law are partial and of a Tyranous spirit seeking a priviledg for themselves above their fellows whereas Justice and Laws are alwaies general priviledg or punish every man alike in the same case making no difference to any and this is the liberty of the subject to have al in the same capacity with him excepting only such as are impowred with the supream oversight of the whol To prevent those innumerable inconveniences which such should they be in hazard might precipitate the Nation into Nevertheless by that exception are they subjected as much or more to the bond of love for their own strength as they could have been by the penal laws but with far more security to the Nation Seeing therefore that Justice is that general priviledg wherein all Just and equal interests are most priviledged let us with one mind think of no other Plea than that which I hope will be so provided for by his Majesty and the Parliament now sitting that there will be no need of promoting any pleas for it for no man petitions at any time for what he hath but what he wants so that it is the part of every man to rest satisfied in expectation of what is preparing by them whom we should very much injure to think would omit or act any thing that Justice should not require but when any such thing is then promote Pleas for Justice according to the known Laws but in your particular Pleas to make such objections as one is out so much monies and is like to be ruined if he be deprived of what he holds or that such were deboist in their lives On the other side that we are brought to poverty those that possest our estates are so or so these savor more of passion than reason for it they that have gamed the sequestred Estates have them by Law the others poverty is no reason they should loose their right but if the others have lost their Estates without Law There is no equity but that Law should restore them 't is not the debauchery laid to their charge which besides is to be proved as wel as said that excuses any man in anothers right for wherof a man is legally possessed of that he is to be deem'd true owner in the same capacity he was at first invested with til the Law disposess him again and whosoever enters without his consent before such declaration be made by Law hath as much title to it as a Thief on the high way to the money in a mans purse for such entries are not by the right door The Laws of the Land are the right door to all manner of possessions Whoso therefore comes not in by the right door the same is a Thief and a Robber saith Christ And though this may have been a Judgment on such as did set their minds too to much upon this world to wean them from laying up treasures to themselves upon earth where moth and rust do corrupt and Thieves break through and steal they should be so deprived that they might lay up treasures in Heaven c. God send all men to make use of his dispensations to his glory he can renew his Judgments on them when they give him the same provocation But as the Infirmities of men if they be true ought not to bar them of the priviledge of the Law so ought not the excellency of any man or Saint-like Godliness to cal it by the usual word priviledg him to do injustice against Law Nay 't is vehemently to be suspected that where a godly man drives on designs of depriving any man of his right before the Law hath divested him of it that his godliness is but seeming not reall for Justice is the fit foundation to build godliness on Justice may be where godliness is not but godliness cannot be where Justice is not therefore such assertors of their own righteousness may wel be conjectured Pharisee like less Justifiable than the poor dejected Publican for though they are more circumspect in Punctillio's yet they omit the weighty matters of doing Justice Obeying Princes and Laws and this their desire of holding what they have without relation had to the Justness of it very much discovers for we Judg by the fruits not the flowers And whereas these may superficially for a mask of such intrusion plead Orders of Parliament to be the Law that authorized their possession 't is very wel known in England that no order of Parlliament was ever pleaded to be in force longer than the Session of that Parliament which made it but that such orders as they hold necessary to continue were drawn into Acts and confirmed by the