Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	defendant_n	plaintiff_n	5,340	5	10.3536	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35697	Jus regiminis, being a justification of defensive arms in general and consequently, of our revolutions and transactions to be the just right of the kingdom.	Denton, William, 1605-1691.	1689 (1689)	Wing D1067; ESTC R2231	155,945	104

had the force of Laws for Quintus Hortensius when the Commons of Rome had withdrawn themselves into Janiculum a Town beyond Tyber made a Law that those things which the Common People had commanded all the Quirites the Roman Citizens should be obliged by and observe which Law L. Valerius and M. Horatius had granted Centuriatis Comitiis i. e. to the general Assembly of the People of Rome assembled to treat of common affairs There was great difference between Plebiscita Orders made by the common People and the Laws for the Plebiscita the Tribunes demanded those things which did belong to the People but the Laws either Consul or Praetor or other Magistrate advising rogabantur were demanded whether they should be ratified or not They made also a difference between Populus the Citizens of Rome and Plebs the common Rout for that among the People were Patricians Senators and the Nobility but among the Rout there were no Patricians Notwithstanding whatever the People commanded was not always to be ratified because whatever was not just the People might not command The Counsels of the Senate though they were not brought yet if the Tribunes approved thereof and would have them ratified they obtained the force of Laws The Edicts and Interdicts of Praetors also sometimes and under some qualifications had the force of Laws which were intituled Jus Honorarium which were taken away by the Lex Cornelia Also the Responses of Wise-men went sometimes for currant Likewise the ablest and wisest Lawyers were esteemed and used as the best Interpreters and Judges of the Laws which some say was granted to them by Augustus others as confidently affirm they had it not from Augustus and other Princes but of antient custom and right long before But Caligula that Monster and Enemy of Mankind caused all the Decrees of the Lawyers to be forbidden and no body but himself to be the Interpreter and Judge of them At least the Decrees and Constitutions of Princes went for currant Law For when Caesar and the following Emperors had obtained the chief Empire and they only gave Laws and all the Right and Power of Legislation was rent from the People Lege Hortensia and was given to the Caesars so that their Wills and their Decrees without the counsel or consent of the People as formerly had the force of Laws contrary to the Laws of God Nature and Reason Caracalla being fully possessed of this exorbitant power used it accordingly who first killed his own Brother Geta who had equal share with him in the Government by the appointment of Severus their Father and then caused the great Lawyer Papinianus to be put to death because he would not defend that barbarous Act of his before the Senate alledging for his justification that it was easier to commit Parricide than defend it but afterwards this Caracalla was contented more Majorum to have him Canonized Divus modo non sit vivus to deify him being dead in another world rather than to have him a living Co-partner with him in the Empire On the contrary Trajan that most excellent Emperor being possessed of the same power and having published some private and special Laws or Indults for great merits and understanding that some relying thereon made ill use thereof by drawing them into Example and fearing lest contrary to the Laws and Customs of the Antients they should be drawn by application unto wrong Causes and being brought into Judgment and Courts of Justice or Pleadings as Precedents they should pass for Laws he refused afterwards to answer Plaintiffs or Defendants by any writing or Libel of Record lest thereby pernicious examples and as it were Seminaries of ill might spring from thence Antiochus had so great veneration for the Laws that by his publick Edicts he did declare that if he had at any time decreed contrary to Law and Right it should not be obeyed but should be freely opposed by whose example Agesilaus would be obliged by no Promises that he should make but on condition that they were just At what time the Common People did choose their Magistrates whom they always accounted as sacred in the sacred Mount it was provided by a Law that it should not be lawful for any Patrician to apprehend or disturb any of them and not without cause for when against the Power and Insolencies of the Patricians the common People did assemble to choose Tribunes as Champions and Defenders of their Laws and Liberties to hear complaints against the Patricians it would be very unjust that in that in which the People did choose their Defenders to the height and pitch of Honour they should admit those who were most adverse and shagreen to their Liberties and Franchises They esteemed their Tribunes as the Ephori among the Lacedaemonians advanced and delegated to that office to curb the Insolencies of the Spartan Kings lest they should abuse their power to the prejudice of the People Theopompus a Spartan King instated Five of his Friends to be Ephori as his Auxiliary Ministers in his Government at home when he went abroad in Person with his Armies though it was provided by the Laws of Sparta that their Kings should not go out in Person with their Armies which Ephori in process of time came to have so great a power over their Kings that they directed them what they were to do and also were Censors of all they did insomuch that they called Archidamus to account imprisoned him laid a great mulct upon him and at last took his life away The like they did to Pausanias and Agis Lacedaemonian Kings and were so terrible that they erected Timoris Sacellum a Chappel of Terror which Ephori together with their Kings did take Oaths every Month that they would observe the Laws of Lycurgus and preserve the Kingdom in peace In tract of time they grew so insolent that Cleomenes broke their Empire and restored the Kingly Power It was not lawful for any Patrician to accept of being a Plebeian Magistrate and Volero Tribune of the People ordained by a Law proclaimed with the consent of the Plebeians that the Plebeian Magistrate should be made without the Patricians and only the Plebeians admitted to the Tribunitian Councils And though formerly to be Dictator Consul Praetor or Censor none but Patricians were to be admitted yet afterwards the Patrician Magistrates were to share and communicate with the Plebeians So Sextius Primus of a Plebeian was made a Consul which then was ratified Lege Licinia which C. Licinius and L. Sextius Tribunes of the People proclaimed that the Consulship should be common with the Plebeians Q. also P. Philo and Cl. Licinius Stolo Plebeians the one did bear the office of Pretorship the other the Master of the Horse with the Patricians Moreover the Dictatorship in which was placed the greatest glory and Censorship we find to be in common with the Plebeians For both M. Rutilius the first Dictator and Censor then Q. Pompeius and Q. Metellus

and sinful Injustice and therefore cannot be from God. Dum contra officium facit Magistratus non est Magistratus quippe à quo non injuria sed jus nasci debet and consequently they who resist the tyrannous acts of Kings do not resist the Ordinance of God. What were it less than Blasphemously to charge God with prevaricating with his People if in Authorizing Kings to preserve them should give them liberty without all Politick restraint to destroy them Which is contrary to God's end in the Fifth Commandment that one Man a King should have absolute Power to destroy Millions of Souls and Bodies uncontrolably If the Kings of Israel and Judah were under censures and rebukes of the Prophets and sinned against God and the People in rejecting such rebukes and in persecuting the Prophets and were under and liable to all the Laws of God as all other People though their Subjects were then is their Power not above any Law nor absolute That these matters of Fact are true sit liber Judex Samuel rebuked Saul Nathan David Elias Achab. Jeremiah is sent to Prophecy against the Kings of Judah Jer. 1. 18. and the Prophets practised it Jer. 19. 3. Ahab could not take Naboths Vineyard against his will without the formality of Law and without the help of Men of Belial to boot for which violence offered to Law and Justice in the place where Dogs licked the Blood of Naboth shed by shamming of Laws by Innuendoes and false constructions of Laws the Dogs did lick the Blood of Ahab and did eat that cursed Woman Jezabel by the wall of Jezrael and her Carkass became as dung upon the face of the field A Document to all Kings and Princes for giving any countenance to Violence or Oppression or to shamming any Laws by any irresistable or prevalent Influences and the Inferior Judges ought not to accept the Persons of any in judgment whether small or great for the judgment is the Lords and their office as much of divine right as that of the Kings then certainly we may justly conclude That Kingly Power is neither above Law nor yet absolute for Kings who swear to Govern according to Law it is contrary to common sense nay impossible they should have an illimited or absolute Power either from God or the People for foedus conditionatum or promissio conditionalis mutua facit jus alteri in alterum it 's not to be thought that Kings can at one and the same time and in the same breath justly swear to Govern according to Law and at the same time interpretatively and secondarily swear to Govern absolutely and without Law. If the governed in Senates Parliaments and Dyets may call in question the Acts Previledges Charters and Commissions of Kings granted to any Persons and null and vacate them circumscribe and dock any of their Prerogatives may increase or diminish his Revenue and State may call into question any of his Friends Counsellors or Ministers of State and punish or remove them If the governed may appeal from Kings to Senates Dyets or Parliaments and may not appeal from them to Kings all which may and have been done as the publick Monuments of Laws do testifie who of sound judgment can deny the Power of the People in Dyets Senates and Parliaments to be above that of Kings If in an Interregnum Senates Dyets and Parliaments have Power and which is plain by Histories without regard had to right of Inheritance have created Kings whom they pleased and altered Successions In summ If Dyets Senates Parliaments are the Supreme Council of Nations constituted by the People indued with Power from them to this very thing that they may consult in common of the weighty matters of Kingdoms and common good and Kings therefore created that they should see executed what they did advise and agree upon quis nisi mentis inops can deny upon such plain evidence and demonstration that the People in Parliaments Dyets and Senates are not only co-ordinate and have a share in the Government but are also in some sense and some places superior to them for that they can do more than Kings Kings have their Prerogatives true and very fit they should have So have all other Governments be their Prerogatives what they will Power of the Militia making War and Peace calling of Councils Dyets Synods Senates Parliaments nominating Judges and other publick Officers of Kingdoms c. they are all derived from the People and transferred for their own good and so always expressed or implied If they make ill use of the Militia it 's a breach of trust and no obligation of Obedience and Submission is due if they make ill Leagues the People not bound to confirm or assist if they call Dyets and Parliaments it is not for their peculiar interests but for the good of the whole and nothing done therein can be of force unless the free assent of the convocated be first had Which demonstrates it is the Office and Duty of Kings to call those great Councils as oft as the People see cause and desire it and to continue them till they have the benefit designed And though the Royal Assent be desired it is but for the Honour of the business for what concerns common good safety and liberty they ought to pass by virtue of their Oaths and Office. Non negabimus non differimus cuique jus aut justitiam Chartae Artic. c. 29. Will not Kings deny Justice and may they deny just Laws Not to private Persons and yet to the Representatives of Nations Not in the Inferior Courts and yet in the Supreme They are created and elected Kings that they should do Justice to all indifferently Bracton l. 3. c. 9. Ad hoc creatus electus est ut justitiam faciat universis per eas nimirum leges quas vulgus elegerit Hence in Archivis H. 4. Rot. Parl. N o. 59. Non est ulla Regis Prerogativa quae ex justitia aequitate quicquam derogat Kings have no Prerogative which derogate from Justice and Equity And when Kings have refused to make or confirm Magnas Chartas good Laws they have been compelled by force of Arms and such Laws accounted as good and valid by the best Lawyers the reason given is That they of right and of their own accord ought to have assented unto that which they were forced to do All Courts of Judicatory are Authorized and Confirmed by Parliament in which it is Lawful for the meanest of Subjects to implead Kings in which Courts Judgment is often given against Kings which though endeavoured to be contradicted or countermanded by Kings yet the Judges by the Laws of God and Man and by their Oaths are obliged to refuse their Mandamus's and to give right Judgment for the judgment is the Lords Kings can justly Imprison no Man nor punish any Man nor seize their Goods or Estate without Citation out of Courts where the Judges not Kings have all the Power So