Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	case_n	good_a	plaintiff_n	1,740	5	10.0386	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A62145	A compleat history of the lives and reigns of, Mary Queen of Scotland, and of her son and successor, James the Sixth, King of Scotland, and (after Queen Elizabeth) King of Great Britain, France, and Ireland, the First ... reconciling several opinions in testimony of her, and confuting others, in vindication of him, against two scandalous authors, 1. The court and character of King James, 2. The history of Great Britain ... / by William Sanderson, Esq.	Sanderson, William, Sir, 1586?-1676.	1656 (1656)	Wing S647; ESTC R5456	573,319	644

Cradle we shall find him as it were begotten to an inheritance of true Nobleness and Courtlike grace in more real splendour than others that seemed to appear compatible with him they being onely made so by hand His life indeed was intricate sometime struggling with the by-paths-of Sovereign-favour and afterwards of State-affairs Which at last and at worst infected him with the disease of the times more malignant in his Counsellors and other his Confidents then in his own conscience or inclination and so drew him on by various disguises of subtilty with the composition of his good nature till the remain of his life was involved into Ingagements unstable the effects whereof smothered him in the uncouth deluge of destruction I have no adverse aim or end on either side of these two Lords to embase the freedom of my Opinion or Judgement being tryed into some purity of truth by my own knowledge of the former and of this other by more exact account than by most men or by any other pen may be expected But I am not delighted to urge out this story of the Lord Haies as not willing to speak evilly of any person of his Honour unlike Our Adversaries that spare none For we should know that virtue and vice are inherent in Man And as it becomes us to tell truth when we speak of their virtues so with modesty and compassion to discover their vices Either of them being examples for the future that to imitate this to shun And I cannot but with compunction remind that the monstrous excess of the Belly and the Back by his first President became then the mode of those Times for great Persons the most part to follow and for ordinary people to put in practice even to this day and may be feared for ever hereafter The Sword being sheathed up in the Scabberd Peace and Plenty brought the Law into esteem the onely over-ruling power to set men even by the ears and make them the more quiet ever after But then Cases increased so common that Conscience was troubled to reconcile them and made a Quarrel of Justice it self between Sir Edward Cook Chief Justice of Law and the Lord Elsmore Keeper of the Conscience who had the better of the Cause to the others ruine The Case was thus Sundry Citizens got Judgment in the Court of Common-Pleas by a juggling Trick that staved off an opposite Witness the Plaintiff nevertheless exhibits his Bill in Chancery against the Defendants who sit out Process of Contempt and refusing to answer are committed to the Fleet. And for their Relief exhibit their Bill in Star-chamber against the Lord Chancellour Elsemore grounded upon the Statute of 4 Henry 4 ca. 23. That the Iudgment given in the Kings Court ●hall not be examined in Chancery Parliament or elsewhere untill it be undone by Attaint or Errour c. and so thereby he had incurred Praemunire and the Chief Justice Cook interposed and encouraged the Complainants The Chancellour acquaints the King who sends to Bacon Attourney General Sir Henry Montague and Sir Randal Crue Serjeants at Law and Sir Henry Yelverton Solicitor these men report back That there hath been a strong current of practice and proceeding in Chancery after Iudgment at Common Law and many times after Execution continued since Henry the Seventh's time to this day in Cases where there is no other Remedy at Common Law unto which the Iudges are peremptorily sworn And with this Sentence on Elsmore's side the aged Statesman leaves the Seat of deciding and sits down himself to his devotions leaving the Seal to be born by Bacon But the manner of the dispose is mis-told by the Pamphlet who makes it the Chancellour's heart-break to be rid of the charge when in ttuth the Term come and Elsmore sick the King sent for the Seal by Secretary Winwood with a gracious Message That himself would be his Deputy and not dispose it whilest Elsmore lived to bear the Title of Chancellour nor did any one receive it out of the King's sight till he was dead nor long after And because we may be assured of the Kings gratious favour to that grave Chancelour see what he saies to him in two Letters following writ every word with the Kings own hand My Lord These shall first congratulate and thank God with you for your recoverie and growing to health again for which I protest to God I praied everie Morn and Eve since you was at the worst as oft as I praied for mie self And next you shall be herebie informed how senseable I am of that disgrace offered to that Court of mine wherein you sit especially at a time so unseasonable It cannot but be a comfort to you to know how every Man censured the pertiallity and barbarity of that action and for my part you maie assure your self it shall onelie be in your default of not informing me if I do not upon this occasion free my self from fascherie of any such inconvenients hereafter I mean of such jarring betwixt my Courts of Iustice for I will whollie upon your information and advice what course to take in the handling of this business assuring my self that your conscience and care for my honour and service will set me in a course for making such an example in this case as may settle good Government in like Cases hereafter and so I bid you heartilie farewell Febr. 25. 1615. New-market James Rex Thus the King writes then and continued unto this grave Statesman such gracious Favours and esteem to the last of his daies for a twelvemonth after this letter and not long before his death he writes again To the Right Trusty and Right Well-beloved Our Chancelour of England My Lord The Letter I wrote the last year from this same Town unto you proved so good a Cordial for your health as I am thereby incouraged to do the like at this time and as I both hope and praie for with the like success I cannot but be eztremelie sorrie for your want of health but I confess I am more sorry for the evil conceit you have of your own strength which makes me the more to presume upon the good Operation of this Physick of mine since I am sure it can work more upon your mind than anie other worldlie thing The Greatness of your place and the abilitie which God hath given you to discharge it to the honour of God and the great benefit of the Common-wealth is a cause sufficient to stir you up to be careful of your own health and even to fight against disease as far as you can but when you shall remember how evil I maie want you and what miss your Master shall have of you I hope that reason will be predominant to make you not strive but conquer your disease not for your own sake but for his of whom you maie promise your self as much love and heartie affection as might be expected from so thankful and kind a Master to

their view Chancells were so divided from the body of the Church and thereupon so called And the Lord Chancelour and Lord Keeper have one power by Stat. anno 5. Eliz. So then you see how and for what he hath his name And though his Authority be highest yet it is given to him by the Law and proceedeth in course of Law not according to conscience but Law That all Justice runs from the Supreme power so by the Chancelour to all Jurisdiction A man complains of wrong or sues for right in Chancery from which Bill of complaint issues a precept commanding the Defendent to appear at a Day So then a man may not be sued before he have a Writ or Breve from the Chancelour a singular regard to the meanest The very Writs of Chancerie are prescribed by Law and a form registred in Chancery and if not accordingly issued out the Judges will reject them called in Law Abating of the Writ His Authority to judge is of two sorts by common Law or Positive Law Potentia Ordinata Processe pleading judgement Potentia Absoluta by Processe according to the Law of Nature viz. to send for the party to answer upon Oath to examine if he will not answer yet the Chancelour cannot condemn him in the cause for obstinacy Potentia Ordinata mispleading on either part may mar the matter and the judgement must be according to Law however the Equity of the case fall out But if the pleading be by Absolute Power though the party misplead if the matter be good the Iudgement must be by equity and not as the pleading be either formal good or bad or as the law will in the case The Question followes whether that conscience whereby the Chancelour be simpliciter and to be simplex conscientia or Regulata Viz. To be ordered by course of Court former Presidents and if no Presidents whether Reason in codem respectu may take cognisance of the cause viz. A rich Father to suffer an honest son to beg or a rich son contrario the Chancelour cannot Hereupon we may conclude that his Authority judicial both Ordinata and Absoluta Potestas are limitted by the Law of the Land For in the Ordinary he is tyed to the strict rule of Law and by the Absolute he is ruled though not by the course of law yet he is to deal per regulatam conscientiam but in any case not to contradict what Law hath allowed But to conclude his Absoluta Potestas by what means he should find out truth Truly it is without limitation only to be referred to his own Gifts and the grace of God that gives Wisdom Sir Francis Bacon succeeded Elsemere Lord Chancelour though a wonder to some so mean a Man to so much preferment he was then Atturney General and as others by that placc and in the usual way of preferment time beyond memory come to high Office of Indicature either there or to other Benches and so did he But his Mis-deeds afterwards turned him out of all and he dyed poor and private See Anno 1621. And as his Genesis of preferment came to the chair of State so the Exodus of the Treasurer Suffolk in his Office brought him to the Star-Chamber and the Glory of the new Chancelour Chair-man there to sit in censure upon him and so to set out himself in his Matchless Eloquence which he did then by Sentence as the Mouth of the Court as all others had done Their abilities affording them several waies and manners in that Court more particular as their Qualities concern them to distinguish So here also the Chief Iustice Cook newly revived from the sad condition of former disgrace for his too narrow inquisition upon the faults and fall of Somerset He now finding the Fate of Court-policy final in this Lord and his malice at Liberty to speak what he list Parrallels this Lords Crimes with other such corrupt Treasurers raking Presidents of all former Predecessors Even from Randolphus de Britton who was sentenced to lose all lands and goods but was restored to him and fined 3000. 1. for misusing K. H. 3. Treasure Such another was Treasurer of Ireland Petrus de Rivallis and of great command also high Chamberlain of England to Edw. 1. his Offences were Bribes of all men poor and rich Religiosis quam de Laicis fined and ransomed So did the Abbot and Moncks at Westminster took out of that Kings Treasury there ad inestimabile Damnum Regis Regni For which these privileged pretenders could not be exempt from Tryal and the Temporalities of the Abby seized for satisfaction till which time of payment they suffered Imprisonment Nay Walter de Langton Bishop of Coventry and Lichfield scapes not Edw. 2. This Treasurer took bribes then though small but a hundred pound of the Earl of Monteallo ut amicus in agendis negotiis versus dominum Regem lets him escape Prison to do his bu●inesse and given of free Will and ex curialitate sua yet in those dayes it amounted to Extortion But he had Additionalls having indicted Iohn de Eugam of Tresgass for the Mannor of Fisby to which the King had title and imprisoned him and when another Mannor was conveyed to the Bishop for Courtesies done diversas curialitates Eugam was set at liberty but it seems the Bishops plea would not serve his turn That the King would rather punish by Imprisonment than fine And those good times accounted it Bribery Again the Bayliff of Oxford was committed for arrears of one hundred pound in his accompt and the Mannor of Calcat conveyed to the Bishop for satisfaction yet because he was of pure Devotion discharged by the Bishop these cases all three were condemned of Extortion and Bribery and the Bishop soundly paid for it by his purse and imprisonment In Edw. 3. He imprisoned William Lord Latimer with punishment and fine being in Commission to pay off the Kings debts he compounded for eighty per centum and 30. for 40. by which saies the Record he turned it upon the King to be a Bankrupt Compounder So did the Baron Nevil bought the Kings debts of the Army and though he pleaded that they forgave him the Remainder freely yet was he fined Such like as these were brought Examples to raise the Offence of this Lord Treasurer of himself as of high birth so most Noble and without doubt disdaining to commit base crimes but whether the guilt of Sir Iohn Dingly one of the Tellers in Exchequer an intimate Servant to the Secrecies of Suffolks Countess or some necessity to make bold to borrow such sums as his Fabrick Awdle-End had need of Or the vain and monstrous expence heretofore of that family All that could be besides the necessity of Court-Fate cast in his dish was the imbezeling the monies lately paid by the States of the Netherlands for redemption of the cautionary Towns Flushing and Bril and he fined thirty thousand pounds and Dingly two thousand pounds the

Rebellion And therefore Proclaims all their particular proceedings with remonstance of their Misdemeanors and to prevent disorder now and confusion to follow by advise of his Councill discharges the commissioners and dissolves their convention illegal in it self and worse unlawfully executed by them Whom he commands by Name to depart home in 24 hours to attend their flocks and duties in their Ministery And no wayes to return to convene either within or without the Burroughs of Edenburgh under the pain of Rebellion But we tire the reader and yet hereby we may discover what they did in such like many more for to the death they will proceed Hereupon they consult that seing they had been convened by the warrant of Christ to take care of hazard to the Church Et ne quid ecclesia detrimenti caperet They should obey God rather than man And notwithstanding any charge to the contrary to continue together and to send to the Octavians those 8 Councellors of State formerly mentioned that seing at the entrance to their places the Church was in quiet and peace and now to be imbroyled the Enemies to truth overpowring and all by their councels and connivance The event of evil must fall upon them the Contrivers or Connivers The President hastily made answer As they began so let them end the Councills advice neither was desired nor given on either part and therefore would not meddle between the King and them but leave it to his Majesty and Nobles This answer taught them fresh advice to remonstrate to the King himself by Messengers of their own and fearing the effects the Kings anger humbly interceed for surcease of Processe against Master Blake Until his Majesty should be pleased to convoke an Assembly for deciding all controversies to the Kings content To which he consented provided they would passe by the Declinator or at least to declare that it was not a Generall but a particular Declinator used in Blakes case only as being a cause of slander and so appertaining to the judgment of the Church This by the wiser was held fit to be received as an end of contention No! Rather to stand to their tacklings Gods cause Against worldly powers Ravelling into former examples of prevailing against Princes Others argued to try Mastery with Majesty may faile of effects as yet the Court stand in some fear of the Church and to keep up their concept let us take the best conditions we can least our weaknesse appear if we have the worst and so the terror of the Church despised or neglected Much will portends little wit and as it is often seen who gripes at all grasp nought but wind and to levy all their wills is to lose all their wits of which God send them more plenty than appears by their proceedings But not prevailing the King proceeds to proclaim their departure and Blakes appearance as afore ordered The next day sunday solemnized the christning of the Princesse Bows Ambassadour gave Her name from his Queen Elizabeth and the Town of Edenburgh by their Majestrates assisted as other witnesses Yet all that day in the Churches were bitter invectives The Commissioners of the Church presented a Petition to the King and Council That seing the decision of intricate questions could work no good and was subtilly urged to ingender discention between his Majesty and the Church he would be pleased to remit the discision to a lawfull Assembly and not to incroch upon the limitts of Christs Kingdom upon any pretence but to bend his actions against the common Enemie of the Church and state the Papists Then they exhort the Noblemen to give his Majesty faithfull Counsel and not to be subject to the guilt of sin by the craft of such as seek the thraldom of the Gospel who intend to exite their honours to be the Executors of their malitious devises With order to those that presented this Petition that if the same was refused to enjoyn them to protest against the preceeding of the Councel The King rejects it as not worthy of Answer commanding to call Blake to his summons First That he affirmed in Pulpit that the Popish Lords were returned with his Majesties knowledg and further assurance wherein he had detected the treachery of his heart Secondly that he called all Kings the Divells barns and that the Divel was in the court and in the Guiders thereof Thirdly That in his prayers for Queen Ann he had used these words we must pray for her in fashion but we have no cause she will never do us good That he called the Queen of England an Atheist That he had discussed a suspention granted by the Lords of Session in Pulpit and called them Miscreants and Bribers That the Nobillity were degenerate godlesse dissemblers and enimies to the Church That the Council were Holliglasses Cormorants and men of no Religion And that he had convocated divers Noblemen and others within Saint Andrews in June 1594. caused them to take arms in troops of Horse and Foot and thereby usurped the power of King and Council After reading of the summons Robert Pont their Minister protested that the processe in hand should not prejudice the Church To which the King answered that he meant not to meddle with matters of doctrine but to censure the treasonable speeches of a Minister which he and his Councel would judg except that by scripture it could be held forth that Ministers were not subject in these cases to judicatures Blake makes answer that the accusations were false calumnies producing testimonies of two which he alleged should be preferred to a●y report whatsoever Next he said That to the first six points the Council were not lawfull Iudges of speeches in Pulpit but the Presbytery where the sermon was uttered And so presents a second Declinator But being put to voyces it was sentenced That the crimes and accusations mentioned in the summons were seditious and treasonable and that the King and Council were competent Judges in all matters criminall or civill as well to Ministers as other subjects The Council dissolved the King willing to conserve peace and amity to the Ministers offered terms of reconciliation and to return Blake to his charge and Pastorage Bruce answered That if it concern'd only Master Blake the offer might be accepted but the liberty of Christs Kingdom being wounded by the Proclamation and by usurping spiritual Iurisdiction of greater consequence then Master Blakes life and twenty more and that if those things were not retreated they would oppose during the last aspiration of breath The King the next morning treated with some of theirs Shewing how far he was from impairing spiritual Jurisdiction that he would amplifie and inlarge the same but said he to discourse of State in Pulpits is intollerable I clame to judg in matters of sedition and civil and criminal causes and of speeches that may import such crimes and if the Pulpit should be a place of privilege under

Renestern Swatrenburgh Wertenburgh Hannaw Oeting Glick and Leonstime All in the Baronies of Lenefergh Schenburgh and Wildenfield All the Churches of at least thirty free Cities Many of whose Territories are as ample as Geneva and yet none of them have received the Presbyterian Discipline Add to these the remainder of the Albigenses and Waldenses in Piedmont in the parts adjoyning or of the Taborites in Bohemia the Lutheran Churches also in Poland Denmark and Swethland And indeed Calvin and Beza both are sufficient Judges to prove they were no Enemies to moderate Episcopacy but onely against Romish Hierarchy See Calvin de necessitate reformandae Ecclesiae and Beza de grad Minister Evangel 18. Sect. 3. Themselves well knowing that Episcopacy then did direct the guidance of grave and wise Over-seers which otherwise would fall into Schisms and after grow into Heresies These Items and many more such were put together to set them forth in some measure untill the Day advanced for the Conference at Hampton-court in Iaruary Whether was summoned by Letters the Arch Bishop of Canterbury the Bishops of London Durham Winton Worcester St Davids Chichester Carlile and Peterborough the Deans of the Chapel Pauls West-Chester Salisbury and Westminster On the other part were these Doctors Reynolds and Sparks Mr Knewstubs and Mr Chaderton Agents for the Millenary Plaintiffs says the Book and these four were the fittest that could be found amongst them all The King sent for the Bishops to come before him in private and entered their Assemblying with a grave and princely Declaration of this his general drift By example of all Christian Princes in commencements of their Reign establishing the Doctrine and policy of the Church Henry 8. did it toward the end of his Reign Edward 6. altered more Queen Mary reversed all and Queen Elizabeth settled it as now it standeth His happiness is to have no cause to alter but to confirm what he findeth and which so affects him that he entered into a gratulation to Almighty God for bringing him into the promised Land where Religion was purely professed and to sit amongst grave learned and reverend men not as before elsewhere a King without State Honour or Order where beardless boys would yet beard him to his face acknowledging now the Government Ecclesiastical to be approved by manifold blessings of God increase of the Gospel and a glorious Peace But as nothing could be so ordered but may have additions and in any State as in the body of man corruptions might insensibly grow either through time or persons of which some complaints have pretended Reformation His purpose therefore was to try the complaints and remove the occasions if scandalous or to cure them if dangerous or if but frivolous to take so much knowledg thereof as to cast a Sop into Cerberus his mouth never to ●ark more to give factious spirits no occasion of boasting and to redress what should appear fitting without any visible alteration And in particular the King signified he called them alone about some points to be satisfied himself concerning the Book of Common Prayer and Service Excommunication in Ecclesiastical Courts Providing of able Ministers for Ireland First in the Book confirming of Baptism as if without it the Sacrament were invalid then were it blasphemous Secondly for the use at first indeed upon occasion that Infants being baptized and answering by their Patrini it was necessary they should be examined at years of discretion and confirmed by the Bishop with a Blessing and Prayer but abhorred it as a Popish Sacrament and courleration of Baptism About Absolution that there being onely two kindes General and Particular all Prayers and Preaching import an Absolution the other is to be applied to special parties after a scandal and repentance are resolved Thirdly Private Baptism if private for peace so did the Primitive Church if for persons none ought but a lawfull Minister and therefore was earnest against Women and Layicks Excommunication To consider the matter whether executed in light causes and too often In the persons why Lay-men Chancellours and Commissioners do it why not the Bishops with the Dean and Chapters or Ministers or Chaplains Ireland This for Ireland was referred to a consultation hereafter Confirmation The Arch Bishop shewed the Antiquity of Confirmation from the Apostles till of late some particular Churches had rejected it he declared the lawfull use thereof and affirmed that the Church of England did not hold Baptism imperfect without it or added any thing to the virtue and strength thereof this he manifested by the Rubricks in the Communion Book before Confirmation The Bishop of London said It did not depend onely upon Antiquity as in Cyprian Ep. 73. and Hierom. adversus Luciferian but was one of the particular points of the Apostles Catechism in express words Heb. 6. 2. and so did Calvin expound that very place which was read and approved That we made it not a Sacrament or Corroboration and yet the King was of opinion it might rather be intituled Examination with a Confirmation Absolution It was cleared from all abuse or superstition the Minister does but pronounce Absolution in general after the Confession that in the Communion Book there was another particular and personal Form of Absolution for the Visitation of the Sick and that the Confessions of Augusta Boheme Saxon which be there cited do retain and allow it and so does Calvin approve such a kinde of Confession and Absolution Private Baptism That the Administration by Women and Layicks was not practised of the Church but inquired of by Bishops in their Visitations and censured and although the words in the Book might seem doubtfull yet the Compilers did not so intend them and yet propounded them ambiguously perhaps that it might thereby pass in Parliament and in case of necessity onely and was so agreeable to the practice of ancient Church as Acts 2. where three thousand were baptized in one day impossible for the Apostles to do themselves or improbable and besides them there were no Bishops or Priests and Tertullian and Saint Ambrose in Ephes. 4. are plain in that point laying open also the impious opinions who think there is no necessity of Baptism not as if without it God could not save the Childe and the case being put as incertain if not baptized but if baptized an evident assurance and so rather to ground upon Christ's promise than by omission upon Gods secret judgments The King replied That the place Acts 2. was an act extraordinary the Church then unsettled and ungrounded now stablished and flourishing that he maintained necessity of Baptism as to the place of Saint John Nisi quis renatus fuerit ex aqua c. was meant of Baptism and that fourteen Moneths ago he did argue in Scotland against his Divines there for ascribing too little to that Sacrament so that said he a pert Minister asked him if it were so necessary that being omitted the

Bishop or Knight to cry up and down their Subjects as their coin And as their Soul and Body to God so to the King affections of the Soul and service of the Body And he justified the Bishops late Sermon of the Kings power in Abstracto to be true Divinity But then as to the general so to exhort them how to help such a good King as now they have putting a difference between Power in Divinity and the setled state of this Kingdom For the second fathers of families had Patriam potestatem vitae et Necis for Kings had their original as heirs from them planted in Colonies through the world And all laws allow Parents to dispose of children at pleasure For the last The head judgeth of the Members to cure or cut off But yet these powers are ordained ad correctionem non ad destructionem and as God destroys not but preserves nature so a father to his Children a Head to his Members But then he distinguished the state of Kings in Original and of setled Monarchs For as God in the old Testament spake by Oracles and wrought by Miracles yet after the Church was setled in Christ and a cessation of both he governed by his revealed Will his Words So Kings beginning by Conquest or Election their Wills Lawes and being setled in a civill policie set down their mindes by Statutes and at the desire of the people the King grants them and so he becomes Lex Loquens binding himself by a double Oath Tacitly as King and expresly by his Oath at Coronation a Paction with his People as God with Noah If otherwise he governs them a King turns Tyrant Either govern by Law says the widow to Alexander A●t ne Rex sis There needs no Rebellion against evil Kings for God never leaves them unpunished And concludes That to dispute what God may do is Blasphemy but Quid vult Deus is Divinity so of Kings Sedition in Subjects to dispute a Posse ad Esse He professes Reason for his Actions and Rule for his Laws He dislikes not the Common Law favourable to Kings and extendeth his Prerogative To despise it were to neglect his own Crown The Civil serves more for general learning and most necessary for commerce with Nations as Lex Gentium but though not fit for the general Government of this People yet not to be therefore extinct not to prefer Civil before Common Law but bounded to such Courts and Causes as have been in ancient use as the Courts Ecclesiastical Admiralty of Request reserving Common Law as fundamental Prerogative or Privilege King and Subject or themselves Meum Tunm No Kingdom in the World governed meerly by Civil Law their Municipal Laws always agree with their Customes God governed his People by Laws Ceremonial Moral Iudicial Iudicial onely for a certain people and a certain time Example If Hanging for Theft were turned to treble restitution as in Moses Law What will become of the middle Shires the Irishry and Highlanders If fundamentally be altered Who can discern Meum tuum It would be like the Gregorian Calendar which destroys the old and yet this new troubles all the Debts and Accounts of Tra●●ick and Merchandise Nay the King avows by it he knows not his own age for now his birth-day removes ten days nearer him than it was before that change And yet he desires three things to be cleared in the Common Law and by advice of Parliament 1. That it were in English for since it is our Plea against Papists for their language in Gods service an unknown Tongue Moses Law being written in the Fringes of the Priests garments so our Laws that excuse of ignorance may not be for conforming themselves thereunto 2. Our Common Law is unsettled in the text grounded upon Custom or Reports and Cases called Responsa Prudentum Indeed so are all other Laws save in Denmark and Norway where the Letter resolves the circumstances making variations that therefore so many Doctors Comments so many different Opinions the Iudges themselves disclame and recede from the judgment of their Predecessors the Parliament might set down Acts of Confirmation for all times to come and so not to depend on uncertain opinions of Iudges and Reports nay there are contrary Reports and Presidents The same corruption in the Acts of Parliaments which he called Cuffing Statutes and penned in divers senses and some penal which no man can avoid disagreeing from this our time yet no tyrannous or avaritious King would endure 3. For Prohibitions he hath been thought to be an Enemy to them he wishes that each Court might have limits of Iurisdiction certain and then if encroached upon Prohibitions to issue out of the Kings Bench or Chancery and so to keep every River within his proper banks The abuse and over-flowing of Prohibitions brings in most Moulture to their own Mill. The King had taken it in task in two or three several Meetings before and after a large Hearing he told them Ab initio non fuit sic And therefore ordered each Court to contain themselves within their own bounds That the Common Law be sparing of their Prohibitions also and to grant them 1. In a lawfull form but in open Court onely 2. Upon just and mature information of the Cause for as good have no Sentence as not Execution He instanced in a poor Ministers Case thereby enforced to forbear his flock becomes non-resident obtains a Sentence and expecting the fruit is defrauded by Prohibition like CHRIST'S Parable That night shall his soul be taken from him Tortured like Tantalus gaping for the Apple it is pulled away by Prohibition And concludes with the difference of true use and abounding in abuse to be considered The second general Ground Grievances are presented in Parliament as the Representative of the People the highest Court of Iustice but concerns the lower House properly The manner opportune in Parliament or inopportune as private men but then not to be greedily sought for nor taken up in the streets thereby to shew that ye would have a shew made of more abuses than in truth of cause not to multiply them as a noise amongst the People So that at the very beginning of this Session each one multiplied and mustered them as his Spleen pleased He therefore thanks them for that these finding many such Papers stuft up in a Sack rather like Pasquils than Complaints proceeding more from murmuring spirits they made a publick Bone-fire of them all a good effect of an ill cause So to take care to prevent the like lest the lower House become the place for Pasquils and may have such Papers cast in as may contain Treason or Scandal to the King and his Posterity the ancient order was to be openly and avowably presented to the Speaker first He confesses that they are just and faithfull to their Trust to be informed of Grievances and acknowledges that his publick Directions and Commissions may be

ordinary custome lately entertained boldly to dispute the high points of his prerogative in a popular and unlawful way of Argument not heretofore usual Making them senceable how weak and impertinent the pretence of their Oath was in a case of this nature as if the Founders of their Oath His Predcessors were so intent in their zeal to be uncharitable to make a weapon to wound their Successors being an ordinary course to put off Hearings and Determinings amongst private persons Termly And commands them peremptorily not to proceed further in that Plea till his return to London there to receive his further pleasure by himself Your Oath being only for avoiding importunites to the Prince of Suiters in their own particular The King come to London convenes them all to the Council Table and himself takes in sunder the parts of the Iudges Letter and their Errours in proceeding both in matter and manner In matter by way of omission as commission When the Counseller shall presume to argue his Supremacy at the Bar and they not reprove his Insolency Himself observing since his comming to this Grown the popular Sort of Lawyers most affrontingly in all Parliaments have troden upon his Pre●ogative though neither Law nor Lawyer can be respected if the King be not reverenced And therefore it became the Iudges to bridle their impudencies in their several Benches especially the Courts of Common-Law who had incroached upon all other Courts High Commission Councils in Wales and at York and Courts of Requests For the Commission in Matter whereas their Letter excepted against his Majesties command to be against the Law and their Oath He tells them deferring upon just and necessary cause is not denying or delaying of Instice but rather wisdom and maturity Nothing more proper than to cousult with the King where it concerns the Crown As for the Manner The Kings absence before the Argument and yet his resolved return speedily and the case though lately argued could not receive Iudgement till Easter Term after as the Iudges confessed And for them to say that the case was private interest of party and party One of the Parties is a Bishop that pleads for the Commendam onely by vertue of his Majesties Prerogative And that they could not prove any Solicitation of either Parties for expedition And for the form of the Letter it was undecent besides to proceed and to return a bare Certificate without giving reasons therefore Upon this all the Iudges fell down on their knees acknowledging their Errour and craving Pardon But for the Matter the Chief Iustice Cook entered into a Defence That the stay by his Majesty was a delay of Iustice and therefore against Law and their Oath that as they meant to handle the Pleading it should not concern the King's Prerogative To which the King told him That for them to discern the concernment of his Prerogative without consult with him was preposterous And for those of Law and Oath he had said sufficient before Therefore he required the Lord Chancellour's opinion herein whether against Law and their Oath The Chancellour excused himself as to that of Law referring it to the opinion of the King's Council whereupon the Atturney General Bacon said That to put off the Day was no Delay of Justice nor endangered their Oath for the King's Reasons were onely that it concerned his Prerogative and required therefore a stay for a small time and advised the Judges whether this refusal of their did not rather endanger their Oath which was To counsel the King when they are called but to counsel after the matter is past was a simple refusal to give him Counsel at all And all the rest of the Council concluded with him The Chief Justice Cook excepted That the King's Council should plead against the Iudges being their duties to plead before them not against them Whereunto the Attourney replied That the King's Council were by Oath and Office not onely to plead proceed and declare against the greatest Subject but also against any body of Subjects or persons nay were they Iudges or Courts or House of Commons in Parliament and concluded That the Iudges challenge was a wrong to their Places and appealed to the King who was firm for them The Chief Justice replied He would not dispute it with his Majesty The King replied Nor with my Council So then whether you do well or ill it may not be disputed The Chancellour gave his opinion with the King and his Council Hereupon the positive Question was put by all the Lords Whether in a Case depending which the King might conceive himself concerned in power or profit and requiring to consult with them they ought not to stay proceedings All the Judges submitted thereto onely the Chief Justice excepted saying When that Case should be then he would do his duty But the Chief Justice of the Common Pleas said For his part He would always trust the justice of the King's command But the Day drawing nigh the next Saturday for arguing the Commendams the King desired the Judges to express Whether they would then argue upon the Kings general power of granting Commendams yea or no. They all concluded Not to draw into doubt his power but to insist upon the point of Lapse which they conceived to be of a form different from former Commendams and concluded to correct the insolencies of bold arguing the Prerogative Judge Doderidge concluded for the King That the Church was void and in his gift and might give a Commendam to a Bishop either before or after Consecration during Life or years The Judges being gone the privy Council resolved that the Kings desire was not against the Judges Oath nor against the Common Law to require and all of them subscribed to the same This Dispute was publiquely scanned and censured in favour of the Judges and on the contrary for the King but the truth I have really extracted out of the Records of the Council Table That you may thereby see the true scope of those times The State of Spain having little to do in Martial affairs K. Philip the third now in peace thought to spend some time in Treati●s wherin he seldom failed of advantage The late French King Henry the fourth had 3. daughters the one maried to the Duke of Savoy which the Spaniard misliking to have those Neighbours lately so great Enemies now to be linkt in love without his Interest conceived it good policy to indeer the young King Lewis of France in a cross Match to his Daughter Infanta Anna and to marry his son Philip to the Princess Elizabeth the second daughter of Henry the fourth And thus those cross Nuptials might seem to cement the affections of the three States lately so imbroyled in War which no doubt either of them had good cause to accept though it was said S. P. Q. R. Spain Pope Queen-Regent had the chief hand to undo the young King For the Father Henry the fourth had made