Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	authority_n	peace_n	power_n	2,673	5	4.5185	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00675	An ansvvere to the question: vvhether the Emperour that now is, can bee iudge in the Bohemian controuersie or no? Together with the extract taken out of the acts of the Dyet at Auspurghe, in the yeare 1584: concerning the kingdome of Bohemia.; Antwort auff die Frage: ob der jetzige Käiser in der strittigen Böhemischer Sachen Richter sein könne oder nicht. English.		1620 (1620)	STC 10810; ESTC S101960	10,147	26

attaine to the Imperiall dignity would that same his preferment be cause enough for to cut off the lawfull action of the other Prince Or should a Canon be barred from prosecuting his action he hath entred against his fellow Canon concerning some priuate demands because his fellow Canon and aduersary is chosen to weare the Myter Should a Citizen lose his Law and pretence because his fellow Citizen and aduersarie hath got the Majorship Should a Souldier giue ouer his suite because his fellow Souldier hath got the Captainship and so a commaund ouer him that sued If wee should graunt this then must we likewise and most necessarily graunt that the Dignities of what degree soeuer haue beene brought in rather for suppression then for promotion of iustice notwithstanding the scope and principall cause of the establishing and ordaining of heads and gouernors in all estates and degrees of the World is that thereby good gouernment may be maintained Law and Iustice may be administred to euery one which seeketh for it and to whom it is due and that none may be molested by another vnlawfully and wrongfully And although in all estates and degrees euery one is bound by Law and Iustice to render due honour and respect to his lawfull Superiors yet ought that same honour and respect to be in no wise derogatorie to the right of him that is bound to honour his Superior but rather a motiue and way to attaine to the same But more then absurd it is that they dare perswade his Imperiall Maiestie to make vse of his obtayned Imperiall power for to maintaine and colour his priuate Austriacall pretence and to goe through-stitch with force as being Roman Emperour witnesse all those Writings and Patents which here and there haue beene published and putsorth vnder the name of his Imperiall Maiestie concerning as well the forcible Spanish Armie raysed in the Prouinces of Lower Burgundie as also those which are and haue been entertayned of the vnited Electors Princes and Estates of the Roman Catholique Religion For in the said Writings there be contayned these two reasons That namely these Armies haue beene leuyed first for the maintenance of his Imperiall authoritie secondly for the recuperation of the same as which hath beene taken away from him and from his House of Austria in and together with Bohemia Out of the which reasons euery one may easily perceiue to what end the pretended first reason which is the Imperiall authoritie serueth namely that vnder the Cloke of the former the second reason which is the claime of Austriacall interest might be the better put forward which is indeed a most monstrous and great abuse of Imperiall authoritie forasmuch as it is most manifestly proued and euident not onely out of the Constitutions of the Empire and all Imperiall Capitulations but also out of Nature that the Imperiall authoritie is giuen to all and euerie Emperour to this end onely that right and iustice the onely true foundations and Pillars of euery Realme and without which no Realme can nor may subsist may be administred without partiallitie no Prince and Estate of the Empire molested But euerie one as members of one body against all vnlawfull power defended and so the whole Bodie in good vnitie peace and estate preserued which end to obtaine it would be impossible if euery Prince after he is exalted to the Empire should be allowed to confound the priuate actions of his owne or of his Family against his or their equalls with those of the holy Empire and to driue through by war proscription or other such like sharpe meanes though they were made without all lawfull precedent cognition and rested onely vpon his owne will and pleasure that which in propria causa he neuer was able to performe and obtaine by himselfe and that vnder colour of Imperiall Soueraigntie and authority which indeed is nothing else but to set into disquietnesse and combustion and extreame danger the holy Empire notwithstanding the Imperiall Maiestie that now is hath highly obliged himselfe to the encreasing of the peaceable welfare of the same But for to preuent and to auert all mischiefe and incōuenience which might arriue out of the abuse of the Imperiall authoritie it hath beene most wholesomely prouided by all the holy Roman Empire that euery new elected Roman Emperour shall at his Imperiall election instantly be vrged by the electorall Colledge to confirm and ratifie with a corporall oath this of so many strong clauses consisting imperiall capitulation That namely neither he himselfe wil by violence and power hurt or suppresse any of the Electors Princes Prelates Counts Lords and other Estates of the Empire neyther cause nor giue way to others for to doe the same But if eyther he or any other hath to demaund any thing be it of them all in generall or of some of them in particular that then for to auoid tumults dissentions and other hurtfull inconueniences in the Empire and to preserue peace and vnitie he shall open lawfull audience and processe and suffer in no wise neyther in these nor in other matters where they may haue ordinarie Lawes and are willing to submit themselues thereunto to hurt or to inuade by robberies spoyling burning defiance warre or any other way vnder what colour or pretence or name whatsoeuer that he will and shall preuent and suffer that henceforth in no wise no bodie be he of high or low degree eyther Elector or Prince or any other without cause and vnheard to be proclaymed or declared guiltie of iterate proscription and banishment But that herein all lawfull proceedings and ordinances enacted by the holy Empire shall according vnto the direction of the reformed order of the Imperiall Chamber at Spire be fully and strictly obserued and accomplished And finally that he contrary vnto the golden Bull and other Ordinances of the holy Empire shall in no manner of way send forth nor vse neyther of himselfe nor by way of Entreaty from other Magistates whatsoeuer any Rescript Mandate or whatsoeuer may hurt with this expresse addition that if any thing repugnant to the aforesaid poynts be eyther obtayned or sent forth then all the same shall be voyd and of none effect Whilest the now-Imperiall Maiestie that now is hath ratified and confirmed euery word of this Capitulation by a corporall Oath it must needes be more cleare then the Sunne it selfe that he neither ought nor can be both Party and Iudge in his owne proper cause against any Elector or Estate of the Empire much lesse make vse of his Imperiall authoritie But forasmuch as it might easily happen that at one time or the other eyther the Roman Emperour should haue occasion vpon some controuersie to enter action against one or the other Elector and Estate of the Empire or some one Elector or Estate of the Empire or the other against the Roman Emperour touching some priuate causes and pretensions and that therefore necessitie would haue and require an vnpartiall Iudge it is

further expressely set downe and ordayned by the Constitutions of the Empire and by the fundamentall Lawe of the Goulden Bull that in such like cases that is when eyther the Roman Emperour shall sue in Law any Estate of the Empire or be sued in Law by any Estate of the Empire the whole matter of Controuersie ought to be pleaded and tried and iudged onely and alone before and by the Count Palatine of the Rhyne Elector as ordinarie Iudge lawfully thereunto authorized by and in stead of the whole Roman Empire And although it cannot be denyed but that for to giue some colourable shew to the abuse of the Imperiall Soueraigntie and authoritie it is furthermore and againe alledged cast abroad because this Controuersie and Action concernes an whole Electorate of the holy Empire that therefore all Electors together haue power granted vnto them for to giue their iudgement and to interpose themselues in it and that likewise not long since with one consent it hath beene agreed vpon by the Electors to this end assembled at Milheusen that namely his Imperiall Maiestie might lawfully and by vertue of right and iustice make vse and put in vre his Imperiall authoritie and power in this his Austriacall priuate pretence against the Count Palatine Elector now King of Bohemia yet is the same the verie fulnesse and height of all absurdities and vnrighterousnesses which euer were heard of vnder the cope of Heauen For if the three spirituall Electors be of opinion that the Electorall Colledge hath power by reason of the Electorate of Bohemia to take the cause in hand and to iudge in and of the same then had it beene their part and office at the last past Election-day at Frankford when the whole Electorall Colledge was most earnestly required as well by the States of Bohemia's Ambassadours as also thereunto instantly admonished by the Deputies of the three Temporall Electors themselues before all other things to employ all their labour and paine for to appease and take vp the matter especially cum Res adhuc esset integra But whilest at that time they would take no notice at all of it whilest also the Elector of Mogunce would not so much as once propose vnto the Electorall Councell-Table the Letters of Intervention deliuered vnto him by the Ambassadours of Bohemia notwithstanding his Electorall Grace should haue done and performed the same ratione officij as being Arch-Chancellor to the Empire whilest also the three Spiritual Lords-Electors together at that time would not permit the aforesaid Bohemian Ambassadours to come to that by them required audience notwithstanding it did concerne the Electorate of Bohemia and was due vnto them by the verie Law Nationall We cannot but greatly maruell that now they shew themselues to be possessed as it were with an euill before-hand priuily preiudicatiue conceyned iudgement in that now they of among themselues and without priuity of the whole electoral Colledge much lesse of any other of the Princes and Estates of the Empire ouer-shoote themselues so farre that contrarie vnto all Lawes both diuine and humane they forget not to condemne one partie vnheard and to absolue the other Out of this manifest behauiour of theirs then it will be hard to find out or see any way wherby they may or can be able to free thēselues frō partialitie much lesse to shew or make or obtrude themselues Iudges vnpartiall forasmuch as it cannot be denyed but that the Crowne and Electorate of Bohemia hath his owne proper and vndoubted fundamentall Laws and priuiledges according vnto the Tenour whereof the King together with the Estates of Bohemia ought to be conuented in cases of the like nature and alloweth no iurisdiction at all to the holy Empire saue onely as it was said before in that which is due vnto the Empire as from a Fee thereon depending And whereas the fault which was publiquely committed at Frankford striueth priuily and without all power to excuse or shrub it selfe by and vnder the name of Imperiall authoritie it is such a thing which hereby must be remitted to the Iudgement and Tribunall of God the most iust Iudge But the things now spoken are by no meanes to be thus vnderstood as if the King of Bohemia Count Palatine and Elector would not submit himselfe nor vndergoe any other lawfull iudgement forasmuch as he hath still and of his owne accord offered himselfe thereunto if so be the same might be done and had in due and conuenient places by vnpartiall and thereunto qualified persons but not before some few Estates of the Empire arrogating vnto themselues apart and de facto ius iudicandi Nor by his Imperiall Maiesties priuate Councel-Table and obtrudent passionate Seruants Neither is the question which party hath the Law on his side But whether his Imperiall Maiestie or his Priuie Counsellors may or can be Iudges or no For as concerning the meane and principall cause in and of it selfe we referre the gentle Reader to the Deduction published not long since by the Estates of Bohemia in the which there is contayned at large first a demonstration how and in what manner they haue obtayned the right of their free Election how and in what manner they haue continued the same without any interruption till the time of his imperiall Maiestie Secondly a fundamentall confutation of the Austriacal pretenciōs grounds Thirdly a deductiō of those most vrgent pregnant Motiues by the which assisted by their ancient and well deduced right and free Election they were lawfully moued to reiect the Imperiall Maiestie that now is and to take in hand a new election concerning which points they are readie to giue reason and answer in due place and before competent Iudges and to produce further proofe for to shew that their most gracious King and Lord that now is is most vnkindly dealt withall in that he is said to haue pulled the Crowne of Bohemia from the head of his Imperiall Maiestie whereas his royall Maiestie obtayned the same most lawfully by ordinarie and vnanim free election the same Crowne beeing then altogether vacant But wee deeme it needelesse to dwell any longer vpon this especially discouering as it were by the way another grosse absurditie worthie to be taken away For many there are found among these which entertaine an erronious opinion of the lawfulnesse of the pretended clayme of inheritance of the House of Austria and which say That although in the Golden Bull there be expressely reserued vnto the Estates of Bohemia the right of free election whereas in other temporall Electorates and masculine Fees of the Empire there is set down confirmed a speciall order concerning the hereditarie succession in the same of the eldest Sonnes and other neere kinsmen by the fathers side that neuerthelesse the same is to bee restrayned to the Family of Charles the Fourth and so to the House of Austria onely forasmuch as it is not to be presumed that Charles the Emperour and they