Selected quad for the lemma: judgement_n
Text snippets containing the quad
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A31570
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AngliƦ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1
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Chamberlayne, Edward, 1616-1703.
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1669
(1669)
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Wing C1819; ESTC R212862
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111,057
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538
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another it is to protect and govern his People so that they may if possible lead quiet and peaceable lives in all Godliness and Honesty under him Or more particular as is promised at the Coronation to preserve the Rights and Priviledges of the Church and Clergy the Royal Prerogatives belonging to the Crown the Laws and Customs of the Realm to do Justice shew Mercy and keep Peace and Vnity c. The King for the better performance of this great and weighty Office hath certain Jura Majestatis extraordinary Powers Preeminencies and Priviledges inherent in the Crown called antiently by Lawyers Sacra Sacrorum and Flowers of the Crown but commonly Royal Prerogatives whereof some the King holds by the Law of Nations others by Common Law excellent above all Laws in upholding a free Monarchy and exalting the Kings Prerogative and some by Statute Law The King only and the King alone by his Royal Prerogative hath Power without Act of Parliament to declare War make Peace send and receive Ambassadours make Leagues and Treaties with any Foreign States give Commissions for levying Men and Arms by Sea and Land or for pressing Men if need require dispose of all Magazines Ammunition Castles Fortresses Ports Havens Ships of War and Publick Moneys hath the sole Power to coyn Money appoint the Mettal Weight Purity and Value thereof and by his Proclamation make any Foreign Coyn to be lawful Money of England By his Royal Prerogative may of his meer Will and Pleasure Convoke Adjourn Prorogue Remove and Dissolve Parliaments may to any Bill passed by both Houses of Parliament refuse to give without rendring any reason his Royal Assent without which a Bill is as a Body without a Soul May at pleasure encrease the number of the Members of both Houses by creating more Barons and bestowing Priviledges upon any other Towns to send Burgesses to Parliament May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit and may refuse to send his Writ to others that have sate in former Parliaments Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea the choice and nomination of all Magistrates Counsellors and Officers of State of all Bishops and other High Dignities in the Church the bestowing of all âonours both of higher and of ââwer Nobility of England âhe Power of determining Reâards and Punishments By His Letters Patents may âect new Counties Bishopricks âniversities Cities Burroughs ââlledges Hospitals Schools âairs Markets Courts of Juââice Forests Chases Free âarrens c. The King by his Prerogative ââth power to enfranchise an âlien and make him a Denison âhereby he is enabled to purââase Leases of Houses and âands and to bear some Offiâes Hath power to grant Letârs of Mart or Reprisal The King by his Prerogaâive hath had at all times the âight of Purveyance or Preemption of all sorts of Victuaâ neer the Court and to talâ Horses Carts Boats Ships for his Carriages at reasonabââ rates also by Proclamation ãâã set reasonable rates and pricâ upon Flesh Fish Fowl Oaâ Hay c. which his Majesââ now raigning was pleased to exchange and in liew thereof ãâã accept of some other recompence Debts due to the King are the first place to be satisfied ãâã case of Executorship and Admiânistratorship and until thâ Kings Debt be satisfied he maââ Protect the Debtor from the arrest of other Creditors May distrain for the whoâ rent upon one Tenant that holdâeth not the whole land maâ require the Ancestors Debt ãâã âhe Heir though not especiâly bound is not obliged to ââmand his rent as others are ââay sue in what Court he ââease and distrain where he ãâã No Proclamation can be âade but by the King No Protection for a Defenâant to be kept off from a Suit ât by him and that because ãâã is actually in his Service He only can give Patents in âse of losses by Fire to reâive the Charitable Benevolenâs of the People without âhich no man may ask it pubââkly No Forest Chase or Park ãâã be made nor Castle to be âuilt without the Kings Auââority The sale of his Goods in a open Market will not take awaâ his property therein His Servants in ordinary aâ priviledged from serving in an Offices that require their attendance as Sheriff Constable Churchwarden c. All Receivers of Money for the King or Accomptaââ to him for any of his Revenueâ their Persons Lands Goods Heirs Executors Administrators are chargeable for thâ same at all times for Nulluâ tempus occurrit Regi His Debtor hath a kind ãâã Prerogative remedy by a Qâminus in the Exchequer against all other Debtors or any against whom they have anâ Cause of Personal Action supposing that he is therebâ âisabled to pay the King and ãâã this Suit the Kings Debtor âeing Plaintiff hath some Priâiledges above others In Doubtful Cases Semper ââaesumitur pro Rege No Statute restraineth the King except he be especially âamed therein The quality of his Person alters the Descent of Gavelkind the Rules of Joynt Tenaney no Estopel can bind him nor Judgment final in a Writ of Right Judgments entred against the Kings Title are entred with a Salvo Jure Domini Regis that if at any time the Kings Council at Law can make out his Title better that Judgement shall not prejudice him which is not permitted to the Subject The King by his Prerogativâ may demand reasonable Aid Money of his Subjects to Knighâ his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of ãâã years which reasonable Aid is Twenty Shillings for every Knights Fee and as much for every Twenty Pound a year in Socage Moreover if the King be taken Prisoner Aid Money is to be paid by the Subjects to set him at liberty The King upon reasonable causes him thereunto moving may protect any man against Suits at Law c. In all Cases where the King is party his Officers with an arrest by force of a Process at Law may enter and if entrance be denied may break open the âouse of any man although âery mans House is said to be ãâã Castle and hath a priviââdge to protect him against all âher Arrests A Benefice or Spiritual Liâng is not full against the King ãâã Institution only without Inââction although it be so against Subject None but the King can hold ââea of false judgments in the âourt of his Tenants The King of England by his ârerogative is Summus Regni âustos and hath the Custody âf the Persons and Estates of âuch as for want of understanding âannot govern themselves ãâã or âerve the King so the Persons ând Estates of Ideots and Luâaticks are in the Custody of âhe King that of Ideots to his own use and that of Luânaticks to the use of the nexâ Heir So the Custody or Wardââships of all such Infants whoâ Ancestors held their Lands bâ Tenure in Capite or Knight service were
Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is ãâã ãâã ãâã ãâã ãâã in the State so he is ãâã ãâã ãâã ãâã ãâã in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England ãâã ãâã ãâã ãâã ãâã and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vegeâius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus Deâ enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament iâ ipso facto puâged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith