Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	parliament_n	writ_n	1,771	5	9.5540	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A40705	The case of the times discuss'd being a serious exercitation of two cases grounded upon Romans 13, vers. 1,2,3,4,5 : First, how far we are bound to obey, when we are not satisfied that the laws are for our good, 2nd, whether subjection more than not to resist powers : to which is added some remarks upon a late book entituled The Protestant reconciler / by Fr. Fullwood ...	Fullwood, Francis, d. 1693.	1683 (1683)	Wing F2497; ESTC R33315	30,137	166

At least it is our Discretion not to judge the Laws themselves unjust without very evident Proof and not at all Inconvenient so as to refuse to observe them if they be not evidently unjust But of this also more distinctly in the following Sections SECT V. If we may Judge of Lawfulness yet not of Expediency Objection THE strongest Argument on the Peoples behalf now follows to be examin'd 'T is grounded upon our Concession and is this You allow the Subject Liberty to judge of the Lawfulness of things required by Law what Reason can be given why they should not equally judge of the Expediency of them Ans The Reason of the Difference is plain God is Lord Paramount to whom all both King and Subject owe undoubted Obedience Now in his Laws he hath antecedently determin'd what is Virtue and Vice what is Duty and what is Sin and hath so publisht his Mind and Will therein that all may and ought to know it and take notice of it at their Peril But he hath not pleased to deal so with us in matters of meer Expediency These he hath left undetermin'd and devolved them upon the determination of Human Prudence in the course of his Ordinary Providence So that when Man commands what God forbids we must not do it because God hath forbidden it But when Man commands that which we judge inexpedient if not forbidden by God we must do it because God hath not forbidden it and because our Superiour commands it whom God hath requir'd we should obey next to himself Now that we may speak more plainly to this great Point let us consider Laws in Act and already made and constituted and Laws in Power and not yet enacted but to be made SECT VI. The Liberty of Judgment in the People with respect to the Making of Laws The Writ Convenes them Ad Faciendum Consentiendum IN our most excellent Constitution 't is granted That the People of ENGLAND have a very great Liberty of Judgment for the Prevention of Evil or Inexpedient Laws But this Province being above my Sphear I should not have aspired to touch it had I not been somwhat provoked to vindicate my self against the Charge of Impeaching the Liberty of the Subject in this kind I hope that will excuse a small Adventure upon it And I shall come off well if I have not need of Pardon both for medling with this politick Point and not for straitning but too much enlarging the People's Priviledge as to the making of Laws This Priviledge belongs to our People both at large and in their Representatives in Parliament 1. It is the Natural and Civil Right of all English Men being liberi homines to use their Judgment of Discretion for the Choice of Wise and Good Men to represent them in Parliament in order to our having Good and Wholsom Laws free from Evil or Inconvenience yea and to inform them when assembled and chosen what they conceive may be fit to be made a Law And by the same Reason what is Inconvenient in any Law already in being in order to the Altering or Repealing of it And no doubt these things require a great deal both of Judgment and Discretion too both about Laws either to be made or already constituted And lastly perhaps the Laws have allowed the People within the Bounds of Law to make Petitions at least by their Representatives as well as private Significations to the foresaid purposes If that be a good Rule in Law which my Lord Coke mentions Extra Parliamentum nulla petitio est grata licet necessaria in parliamento nulla petitio est ingrata si necessaria 2. But this Priviledge is more perspicuous and ample in the People as they are represented in Parliament They are called together ad faciendum consentiendum touching Laws to be made ordinari de negotijs ante dictis of weighty Matters Concerning the King the State and Defence of the Kingdom and Church of England as the Writ speaks And the Sheriff is therein strictly charg'd to do his Duty lest through defect or by an improvident Choice dicta negotia infecta remanerent The greater Matters of the King Church and Kingdom remain undone Hence 't is necessary that a Wise Election be made and Discreet Knights Citizens and Burgesses be sent to Parliament where they are to use all their Judgment and Discretion in order to such Laws as may be beneficial to the Publick and consequently good and expedient And as none but Discreet Persons are therefore to be chosen so unless when chosen they may exert their Discretion and Judgment in Parliament they seem to be chosen to no great purpose I know the Learned Knight Sr. R. F. would improve those words ad faciendum consentiendum in Diminution of the Power of the House of Commons But if they be not expresly and in terminis called to Consult they seem to be so plainly enough in the consequence of these very words I dare not affirm what the Extent or Meaning of the word Faciendum is If the Meaning of it be only that they shall put the Laws in Practice methinks the word is mis-placed For should not they Consent to the Laws before they Do them Besides their sending Home again rather than their Calling to sit in Parliament seems rather to be fitted for that purpose viz. the Execution of the Laws Yea if they had nothing to do about making the Laws why should they be chosen or called up at all Why might not the whole Kingdom without so much Ceremony and Solemnity be obliged ad faciendum in this sence by a general Publication or Appointment of the Laws to be read in several parts of the Country as was anciently done Or lastly How comes it to pass that the KING in the Writ of Summons intimates that the dicta negotia the great Affairs for which they are called will remain undone if due Elections and Returns be not made But they are called also ad consentiendum to Consent to the Laws that shall be made Well but must not usually something be done by them in order to the making those Laws to which they are thus to consent whether it be the framing of Bills or Petitions I shall not determin But I have heard that our Laws are Ld-Coke usually grounded upon such Bills or Petitions and I have greater Authority for it than Sr. R. F. However they are called to Consent and if this be not in terminis to Consult it sufficeth if their Consent be necessary to the making of our Laws for then their Consent here doth not suppose the Laws already made but to be made For I know not that their Consent is ever signified as they are a House after the Laws are made they are usually Prorogu'd or Dissolved upon passing the Bills It is bold to say that ever the English Laws were made without the previous Consent of the People some way or other sufficiently expressed Leges