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	justice_n	writ_n	1,630	5	9.1550	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86990	Englands diurnall, or Passages of state, executed by (and against) the knowne law of the land. VVith certain queries, wherefore, and by what law, so many things have been done contrary to the known law of the land.	I. H.	1643 (1643)	Wing H45A; Thomason E91_35; ESTC R12433	4,319	8

destroyed Was it for the Liberty of the Subject that the City of Westchester was surprized and made a receptackle for Papists and an Inne to entertain Rebels out of Ireland who no doubt if they be not prevented will easily be perswaded to asist the adverse party in the pursuance of those Designes which they have now on foot the promoting of which conduceth so much to the furtherance of their detested Rebellion in Ireland Now if these things have been done by the knowne Lawes of the Land or for the Liberty of the Subject Let all men that are not either wilfull or ignorant judge But now on the contrary part let us examine what hath been done by the known Lawes and for the maintenance and prefervation of the Liberty of the Subject and then we shall easily be resolved in that grand Case of Conscience whether we have most reason to stand for the King and Parliament or for the King against the parliament 1. For the Militia the thing that they make the grand occasion of these differences As touching his Maiesties power over the Militia it is manifest that his Majesties Lievetenantship was void at the coming together of this Parliament and beeing void it must necessarily follow that if the coming together of the Parliament made his Majesties Lievetenantship void that they then have at the least a negative voice in the disposall thereof for without doubt had non his Majesty found that the safety of the Kingdome consisted in the calling of this Parliament the Parliament had never beene called and if they were called to consult and to order those things which did conduce most to the safety of the Kingdome and could not be done without them then consequently the Militia in the ordering and disposing of which consists the onely safety of the Kingdome must necessarily rest at their dispose Object But it is objected that though the Parliament have this power in the disposall yet they are not to make use of that power without his Majesties Assent Ans T is true his Majesties assent ought to be thereunto but if his Majestie dissenting shall neglect that charge committed to him shall the Parliament therefore make that their president and suffer the Kingdome to lye open to forraigne Invasion and Domesticke Innovasion because his Majesty did not consent to the passing of a Bill for the future establishment of the Militia for the security of the Kingdome therefore the Parliament must not by an Ordinance according to the knowne Law provide for the present disposall thereof to the end that the Kingdome may be put into a posture of defence and be inabled to defend it selfe against all those that envie the peace of this Kingdome though by the known Law of the Land they were called for that purpose The second objection is that the Parliament cannot rayse an Army without his Majesties assent thereunto when on the contrary I will prove that by the known Law of the Land the Parliament hath raysed this Army and that by the same known Law they have power to impose contributions on the Subject to maintain the present warre against those that labour to invade the Religion and Lawes of the Kingdome It is manifest that every Court of the Kingdome established by the Lawes of the Land and the Authority of Parliament hath a power by writs to command before them all such persons as shall be for any lawfull cause complained of and indited in the said Court and if the persons so commanded or served with such Writs shall deny to obey their Writs by vertue of the said Warrant the respective Officers haue power to call to their aid and assistance all such persons as they shall thinke convenient to the end that the said Persons so refusing and resisting may be made to answer the Law in all and every particular which shall be objected against them Now there is no Court of Justice in this Kingdom but hath had its first originall constitution from the Parliaments of England and it would seeme very preposterus that inferior Courts should have a power imposed upon them by the authority of the Law and the Judgement of Parliament and the Parliament it selfe which is the superior Court from whom all other Courts had their beginings should be denied that power by writ to command Delinquents before them and in case the Persons commanded shall not onely refuse but shal be protected to raise sufficient strength to fetch all such persons so refusing or protected and it would likewise seeme a very preposterous thing that the Law should give them power to raise an Army for this end and deny them meanes to maintaine the Army so raysed neither is the raysing of the said Army or the imposing of contributions upon the Subject for the maintenance of the said Army any way destructive to the Liberty of the Subject since what is imposed is but a reasonable contribution for the maintenance of that Army which is imployed against those that labour to destroy it and the known Law of the Land as I have formerly proved and therefore it is a vain and foolish resolution which some men have taken up pretending that they will not take up Armes against the King nor assist the Parliament against the King never remembring the difference between his person and his Office thus ending the last Yeares Diurnall I leave you to this Yeares recantation and rest Your Friend if you please if not I care not I. H. FINIS

Englands Diurnall OR PASSAGES OF STATE Executed by and against the knowne Law of the Land VVith certain Queries wherefore and by what Law so many things have been done contrary to the known Law of the Land Printed in the yeare of Englands feare Beeing the first of Reformation or Desolation Englands Diurnal OR Passages of State executed by against the known Law of the Land THe first matter of consequence which claimes precose●cie in this discourse is his Majesties departure from his Court of Whitehall which indeed was the first and principall begining of these ensuing and since succeeding miseries this was the roote from whence hath sprung all these following mischiefs for the Papists and other evill affected persons by this meanes gained time and opportunity to worke their pernitions and wicked ends both to the ruine of his Royall Majesty and the whole Kingdome labouring to destroy both the Religion and Lawes of the Land as by the sequell may appeare 1. By the powerfull working of these evill affected persons the Queen was sent into Holland and the Jewels of the Crowne pawned and made away to porch●se Armes to be imployed for the destruction of the same Crown for take away Religion and Law the supporters of the Crowne and consequently the Crown must fall and loose its lusture take away the purity of Religion and the Justice of the Law and then consequently Athesme and Tirany must be the grand supporters than this hath been the practice of these men is apparent as followeth Those men that shall and doe labour to destroy the Religion of a Land which is grounded upon saving Faith and warranted by Holy writ and endeavour to introduce and bring in a Religion neither grounded upon Faith nor warranted by scripture doe as much as in them lies to destroy the Preachers and Preaching of the Gospell on Earth and in so doing doth absolutely deny the power of God in heaven and to deny God and his power who is it one Athesme the Papists have endea vou●ed this it is apparent and thence I conclude that their endea vouring the destruction of Religion hath declared their intention to introduce Popery which is in some points absolute Athesme 2. Those men which shall by their practizes endeavour to subvert the Lawes of a Land or to hinder the due execution of the Lawes against those that by delinquency have made breach thereof doe as much as in them lyes to destroy the Lawes for take away the power of the Law it must needs be of no effect when the Subject groaning under the pressure of Arbitrary and Tiranicall oppressions shall repaire to the Lawes which should be the protectron of the Subject and shall expect Justice from the Law and that Law which was at first ordained for the same end shall be imployed against it selfe and in stead of Justice the Subject so complaining shall most unlawfully and most unjustly be censured contrary to Law according to the disposition of those Law-breakers is not this absolute Tirany is not this to destroy the Lawes of the Land That this is apparent and hath been frequently done in the Starchamber High-Commission and indeed in most Courts of the Kingdome where the Purse paid for Judgement Justice was sold by the ounce witnesse Master Hambdens Case of Ship-money the Lawes were abused the subject groaning under an almost Arbitrary Government Taxes upon Taxes following one in the necke of another Levies must be made through the Kingdome for the maintenance of a superfluous Army in the defence of an Eclesiasticall Fancy against the Kingdome of Scotland these and innumerable more incumbrances and grievances caused him to complaine for which in stead of redresse which the Law if not abused had affoorded him he was tost too and fro from one Court to another Fine upon Fine Judgement upon Judgement his Estate confiscate and his person imprisoned now let the world be judge whether this were not absolute Tirany Having as they conceived brought their businesse to faire growth and finding that there might be danger in their staying neere or about London the Parliament having discovered their hypocrisie and begunne to imprison some of the chiefe of their Ringleaders therefore they perswaded his Majestie to make his refid●nce in York a p●oe remote where they likewise projected the vay sing of this Army for the abetting and maintaining of their Athestieall Assertions which was done under the Notion of standing for the defence of his Majesties Prerogative and the known Lawes of the land with the Liberty of the Subject now let us examine what hath been done by them either agreeable to the known Law of the land or conduceable to the benefit Liberty or property of the subject 1. By what known Law was there Commissions of Array sent out into every County of this Kingdome to ray se Armes there being no Forraigne Invasion nor feare of any but of their owne Complices and Allies which they invited and sent for 2. By what known Law were severall Members of both Houses sent for to Yorke and discharged their attendance contrary to their Oaths taken at their Elections before the respective Counties for and by whom they were chosen 3. By what known Law were persons entertained and imployed in places of Command in the Army called by the name of the Kings Army which are known Tray tors according to the● known Lawes of the Land and protected from the Justice of the known Law contrary to known Law 4. By what known Law have severall Persons that have been known Rebels in Ireland been likewise entertained and held in great respect 5. By what known Law were the Papists of this Kingdome suffered to have Armes and not onely suffered but Armes delivered unto them and Commissions granted them to raise Papists when it is known that by the knowne Law of the Land no Papist convicted should be suffered to have any Armes for himselfe muchlesse to have power to Arme other Papists 6. By what known Law have Papists been permitted to attend his Majesty even at his table and in his Chamber Vide E●●dimion Porter who would go to Church in the morning and to Masse in the Evening when by the known Law of the Land no Papist ought to come within ten Miles of the Court much lesse into his Majesties Chamber By what known Law hath so many practices been to disolve this Parliament which was established by a knowne Law made this Parliament and graciously confirmed by his Majesty in and to this Parliament As touching their bare pretences of standing for the Liberty of the Subject Was it for the Liberty of the Subject that the Trained Bands were summoned and disarmed in severall Counties Was it for the Liberty of the Subject that this Army was raysed to plunder and rob the Inhabitants of Cities Townes Corporations and Villages Was it for the Liberty of the Subject that Hull was invaded Kingston and Brainford plundered the Inhabitants of Ciciter murdered and