Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	affirm_v	court_n	writ_n	1,413	5	9.5966	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A58844	Scrinia Ceciliana, mysteries of state & government in letters of the late famous Lord Burghley, and other grand ministers of state, in the reigns of Queen Elizabeth, and King James, being a further additional supplement of the Cabala.; Scrinia Ceciliana.	Bacon, Francis, 1561-1626.; Burghley, William Cecil, Baron, 1520-1598.; Sidney, Philip, Sir, 1554-1586.; Throckmorton, Nicholas, Sir, 1515-1571.	1663 (1663)	Wing S2109; ESTC R10583	213,730	256

lower orb It were to be wished and is fit to be so ordered that every of them keep themselves within their proper spheres The harmony of Justice is then the sweetest when there is no jarring about the Jurisdiction of the Courts which methinks wisdom cannot much differ upon their true bounds being for the most part so clearly known 19. Having said thus much of the Judges somewhat will be fit to put you in mind concerning the principal Ministers of Justice and in the first of the High-Sheriffs of the Counties which have been very Ancient in this Kingdom I am sure before the Conquest The choice of them I commend to your care and that at fit times you put the King in mind thereof that as near as may be they be such as are fit for those places for they are of great Trust and Power the Pesse Comitatus the Power of the whole County being legally committed unto him 20. Therefore it is agreeable with the intention of the Law that the choice of them should be by the commendation of the great Officers of the Kingdom and by the Advice of the Judges who are presumed to be well read in the condition of the Gentry of the whole Kingdom And although the King may do it of himself yet the old way is the good way 21. But I utterly condemn the practice of the latter times which hath lately crept into the Court at the Back-stairs that some who are prick'd for Sheriffs and were fit should get out of the Bill and others who were neither thought upon nor worthy to be should be nominated and both for money 22. I must not omit to put you in mind of the Lords Lieutenants and deputy Lieutenants of the Counties their proper use is for ordering the military affairs in order to an invasion from abroad or a rebellion or sedition at home good choice should be made of them and prudent instructions given to them and as little of the Arbitrary power as may be left unto them and that the Muster-Masters and other Officers under them incroach not upon the Subject that will detract much from the Kings service 23. The Justices of peace are of great use Anciently there were Conservators of the peace these are the same saving that several Acts of Parliament have altered their denomination and enlarged their jurisdiction in many particulars The fitter they are for the Peace of the Kingdom 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 Kings service sake nor any put out for the dis-favour 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 tobe the severer part but the milder part which is mercy is wholly left in the Kings 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 mind 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 Kings Majesty as the head of that great body By the Kings Authority alone and by his Writs they are Assembled and by him alone are they Prorogued and Dissolved but each House may Adjourn it self 29. They being thus Assembled are more properly a Councel to the King the great Councel of the Kingdom 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 Kings Royal assent They are but Embryos '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 judgments which have been given in the Court of Kings Bench which is the Court of highest jurisdiction in the Kingdom 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 potestas 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 misdemeanors in or towards that House and have not nor ever had power so much as to administer an oath to prepare a judgment 33. The true use of Parliaments in this Kingdom is very excellent and they would be often called as the affairs of the Kingdom shall require and continued as 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 ought to do with any forreign King or State we shall be