Selected quad for the lemma: judgement_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A48796
|
The states-men and favourites of England since the reformation their prudence and policies, successes and miscarriages, advancements and falls; during the reigns of King Henry VIII. King Edward VI. Queen Mary. Queen Elizabeth King James. King Charles I.
|
Lloyd, David, 1635-1692.
|
1665
(1665)
|
Wing L2648; ESTC R200986
|
432,989
|
840
|
jurisdiction in many particulars The fitter they are for the peace of the Kingdome the more heed ought to be taken in the choice of them 24. But negatively this I shall be bold to say that none should be put into either of those Commissions with an eye of favour to their persons to give them countenance or reputation in the places where they live but for the King's service sake nor any put out for the disfavour of any great man It hath been too often used and hath been no good service to the King 25. A word more if you please to give me leave for the true rules of the moderation of Justice on the Kings part The execution of justice is committed to his Judges which seemeth to be the severer part but the milder part which is mercy is wholly left in the King 's immediate hand And Justice and Mercy are the true supporters of his Royal Throne 26. If the King shall be wholly intent upon Justice it may appear with an over-rigid aspect but if he shall be over-remiss and easie it draweth upon him contempt Examples of Justice must be made sometimes for terrour to some Examples of Mercy sometimes for comfort to others the one procures fear and the other love A King must be both feared and loved else he is lost 27. The ordinary Courts of Justice I have spoken of and of their Judges and judicature I shall put you in minde of some things touching the High Court of Parliament in England which is superlative and therefore it will behove me to speak the more warily thereof 28. For the institution of it it is very antient in this Kingdom It consisteth of the two Houses of Peers and Commons as the Members and of the King's Majesty as the head of that great body By the King's authority alone and by his Writs they are assembled and by him alone they are prorogued and dissolved but each House may adjourn it self 29. They being thus Assembled are more properly a Council to the King the Councel of the Kingdome to advise his Majesty in those things of weight and difficulty which concern both the King and People then a Court. 30. No new Laws can be made nor old Laws abrogated or altered but by common consent in Parliament where Bills are prepared and presented to the two Houses and then delivered but nothing is concluded but by the King 's Royal assent They are but Embroys 't is he giveth life unto them 31. Yet the House of Peers hath a power of Judicature in some cases properly to examine and then to affirm or if there be cause to reverse the judgements which have been given in the Court of King's Bench which is the Court of highest jurisdiction in the Kingdome for ordinary Judicature but in these cases it must be done by Writ of Error in Parliamento And thus the rule of their proceedings is not absoluta potestas as in making new Laws in that conjuncture as before but limitata potest as according to the known Laws of the Land 32. But the House of Commons have only power to censure the Members of their own House in point of election or misdemeauors in or towards that House and have not nor ever had power so much as to administer an Oath to prepare a judgement 33. The true use of Parliaments in this Kingdome is very excellent and they would be often called as the affairs of the Kingdom shall require and continued so long as is necessary and no longer for then they be but burthens to the people by reason of the priviledges justly due to the Members of the two Houses and their Attendants which their just rights and priviledges are religiously to be observed and maintained but if they should be unjustly enlarged beyond their true bounds they might lessen the just power of the Crown it borders so near upon popularity 34. All this while I have spoken concerning the Common Laws of England generally and properly so called because it is most general and common to almost all cases and causes both civil and criminal But there is also another Law which is called the Civil or Ecclesiastical Law which is confined to some few heads and that is not to be neglected and although I am a professor of the Common-Law yet am I so much a lover of Truth and of Learning and of my native Countrey that I do heartily perswade that the professors of that Law called Civilians because the Civil Law is their guide should not be discountenanced nor discouraged else whensoever we shall have oâ—ght to do with any foreign King or State we shall be at a miserable losse for waâ—t of Learned men in that profession III. I come now to the consideration of those things which concern Councellors of State The Council Table and the great Offices and Officers of the Kingdome which are those who for the most part furnish out that honourable Board I. Of Councellors there are two sorts The first Consiliarii â—ati as I may term them such are the Prince of Wales and others of the King's Sons when he hath more of these I speak noâ— for they are naturally born to be Councellors to the KING to learn the art of Governing betimes 2. But the ordinary sort of Councellors are such as the King out of a due consideration of their worth and abilities and withal of their fidelities to his Person and to his Crown calleth to be of Councel with him in his ordinary Government And the Council-Table is so called from the place where they ordinarily assemble and sit together and their Oath is the onely ceremony used to make them such which is solemnly given unto them at their first admission These honourable persons are from thenceforth of that Board and Body They cannot come untill they be thus called and the King at his pleasure may spare their attendance and he may dispense with their presence there which at their own pleasure they may not do 3. This being the quality of their service you will easily judge what care the King should use in his choice of them It behoveth that they be persons of great trust and fidelity and also of wisdome and judgement who shall thus assist in bearing up the King's Throne and of known experience in publick affairs 4. Yet it may not be unfit to call some of young years to train them up in that Trade and so fit them for those weighty affairs against the time of greater maturity and some also for the honour of their persons But these two sorts not to be tyed to so strict attendance as the others from whom the present dispatch of business is expected 5. I could wish that their number might not be so over-great the persons of the Councellors would be the more venerable And I know that Queen Elizabeth in whose time I had the happinesse to be born and to live many years was not so much observed for having a numerous
more where he and his old setters at Court discovered the grand Plot in the North as Hunsdon and his old Souldiers at Berwick defeated it and both harassed the Scotish Borders all things yeilding to those two grand Disposers of the World now predominant in England Wisedome and Cecil at home Arms and Hunsdon abroad and both with Sussex at home now for his approved Wisdome and Fidelity made Privy Counsellour and abroad alway Lord General Of many I pitch on this one Argument Of the greatness of his Minde that he scorned to trample the Prostrate that he had a just Passion but not an unworthy Malice for an Enemy whom he had a generous goodness to pity when unhappy as well as a brave spirit to contest with when injurious The lesser fry of adversaries railed against this great one pleaded for Leicester when his practices against Anjou's marriage with the Queen confined him to the Castle of Windsor and his Menaces had cast him to the Tower of London had not my Lord minding more the common Interest then his private resentments first moderated the Queens Passion with Reason and then overcame it with this Jest You must allow Lovers their jealousie Alter idem or other Observations on the Life of the Lord Hatton HHis first Preferment at Court was to be one of the fifty Pensioners whence his modest sweetness of Manners advanced him to the Privy Chamber where he had not been long but his face and tongue which most eloquent which most powerful was in those days a question made him Captain of the Guard his presence and service Vice-Chamberlain and his great improvement under my Lord Burleigh placed him in that grave Assembly the wisest Convention in Europe at that time the Privy-Council where he had not sate long when his enemies as well as his friends made him Chancellour and Knight of the Garter the one to raise him and the other by that rise to ruine him The Eagle-eyed men of those times carried up on high the Cockleshel they had a mind to crack A man of a pious Nature very charitable to the Poor very tender of dissenting Judgements saying That neither searing nor cutting was to be used in the cause of Religion very bountiful to Scholars who chose him Chancellour at Oxford very exact in his Place whence he went off though not with the applause of a great Lawyer to split Causes yet with the Conscience and comfort of a just man to do equity Take his Character from his own words those words that prevailed with the Queen of Scots to appear before the Commissioners at Fotheringaz when neither Queen Elizabeths Commission nor the Lord Chancellours Reason nor the Power of the Kingdome could perswade that good Lady to it The words are these You are accused but not condemned You say you are a Queen be it so if you are innocent you wrong your Reputation in avoiding tryal You protest your self innocent the Queen feareth the contrary not without grief and shame To examine your innocence are these honourable prudent and upright Commissioners sent glad will they be with all their hearts if they may return and report you guiltless Believe me the Queen her self will be much affected with joy who affirmed to me at my coming from her that never any thing befel her more grievous then that you were charged with such a crime Wherefore lay aside the bootless priviledge of Royal Dignity which here can be of no use to you appear in Judgement and shew your Innocence lest by avoiding tryal you draw upon your self suspicion and lay upon your Reputation an eternal blot and aspersion Four things I observe he did that deserve a Chronicle 1. That he delayed the Signing of Leicesters Patent for the Lieutenancy of England and Ireland the Preface to his Kingdome until that Earl was sick 2. That he reduced the Chancery and all other Courts to Rules 3. That he stood by the Church against the enemies of both sides Archbishop Whitgift when checked by others for his due severity writes to him thus I think my self bound to you for your friendly Message as long as I live It hath not a little comforted me having received unkinde speeches not long since c. And therefore after an expostulation about some States-mens Proceedings against the Law and State of the Realm and a Declaration of his own resolution saith he your Honour in offering that great courtesie offered unto me as great a pleasure as I can desire Her Majesty must be my Refuge and I beseech you that I may use you as a means when occasion shall serve whereof I assure my self and therein rest John Cant. 4. That he promoted the Proclamations for Plain Apparel for Free Trade for Pure Religion and the Laws against the Papists Observations on the Life of Sir John Puckering SIr John Puckering was born at Flamborough-head in Yorkshire He was second Son to his Father a Gentleman that left him neither a plenteous nor a penurious Estate His Breeding was more beneficial to him then his Portion gaining thereby such skill in the Common Law that he became the Queens Sergeant Speaker in the House of Commons and at last Lord Chancellour of England How he stood in his Judgement in the point of Church-Discipline plainly appeareth by his following Speech delivered in the House of Lords 1588. And especially you are commanded by Her Majesty to take heed that no ear be given nor time afforded to the wearisome Sollicitations of those that commonly be called Puritans wherewithal the late Parliaments have been exceedingly importuned which sort of men whilst that in the giddiness of their spirits they labour and strive to advance a new Eldership they do nothing else but disturb the good repose of the Church and Commonwealth which is as well grounded for the body of Religion it self and as well guided for the Discipline as any Realm that professeth the Truth And the same thing is already made good to the world by many of the Writings of godly and learned men neither answered nor answerable by any of these new-fangled Refiners And as the present case standeth it may be doubted whether they or the Jesuites do offer more danger or be more speedily to be repressed For albeit the Jesuites do empoyson the hearts of Her Majesties Subjects under a pretext of Conscience to withdraw them from their Obedience due to Her Majesty yet do they the same but closely and in privy-corners But these men do both teach and publish in their printed Books and teach in all their Conventicles sundry Opinions not onely dangerous to a well-setled Estate and the Policy of the Realm by putting a Pike between the Clergy and the Layty but also much derogatery to her sacred Majesty and her Crown as well by the diminution of her ancient and lawful Revenues and by denying Her Highness Prerogative and Supremacy as by offering peril to her Majesties safety in her own Kingdome In all which things