Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	law_n	lord_n	7,276	5	3.9306	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77282	A plea for the peoples good old cause: Or, The fundamental lawes and liberties of England asserted, proved, and acknowledged, to be our right before the Conquest, and by above 30 Parliaments, and by the late King Charls; and by the Parliament and their army in their severall declarations in their particular streights and differences. By way of answer to Mr. James Harrington his cxx. political aphorismes, in his second edition. By Capt. William Bray.	Bray, William, 17th cent.	1659 (1659)	Wing B4307; Thomason 763[7]; ESTC R207096	15,797	16

be delayed it would be a lingring and wasting spoyle and Consumption and as destructive to the interest of the People as if the two last precedent Provisions and benefits had no being at all for the renowned Lord Cook saith dilatio est quaedam negatio And therefore I shall say as it is said by the Translator to the Reader in the Book called the Mirror of Justices who rationally declined the opinion of some That our Common Lawes as to the generality flowed first out of Normandy As Cicero was bold to derive the Pedigree of his Roman Law from the great God Jupiter so saith he I hope without offence I may be imboldened in the person of our Common Law to say That when the Lawes of God and Reason came first into England then came I in This I declare and recite to shew the excellency of the Fundamentall Law of the Nation The Lord Cook in the first part of his Institutes in his Commentary upon Liatleton Lib. 2. Cap. 4 Sect. 108. Magna CHARTA is so called in respect of the weightiness and weighty greatness of the matter contayned in it in few words being the Fountaine of all the Fundamentall Lawes of the Realme and therefore to be presumed inviolable and saith he it may be truly said of it That it is Magnum in parvo It is in our Books called CHARTA LIBERTATUM COMMUNIS LIBERT AS Angliae or Libertates Angliae or CHARTA de LIBERTATIBUS MAGNA CHARTA confirmed above 30 times in full PARLIAMENT And by the Statute of the 42 Ed. 3 cap. 3. if any Statute be made against it it shall be voyd whereby it doth appeare by the wise Act of our Ancestors in former and peaceable times that they did foresee that future Parliaments might possiby endeavour to make this Fundamentall Law ineffectuall by making somthing or other against it And further he saith To demonstrate Parliaments are and are justly to be limitted and guided by it so as to make no Act contrary to it or inconsistent with it It is the FOUNDATION OF ALL OTHER ACTS OF PARLIAMENT And further he saith to manifest that this Law was common Law and was before the Charter in the peoples possession It is but a Confirmation or Restitution of the Common Law as in the Statute made Confirmatio Chartarum An. 25. Ed. 1. it appeareth by the opinion of all the Justices And it is a Maxime in the Law No man ought to be wiser then the Law and Ed. 1. for demonstrating his affection to the excellent common Law of England had the honorable Title to be stiled Vindex Anglicanae Libertatis as appeares by Mr. John Bashawes Argument of Law in Parliament against the Bishops Cannons And likewise Mr. Sollicitor St. Johns in his Argument of Law against the Earle of Strafford saith the destruction of the Law dissolves the Arteries and Ligaments that hold the body together and cites the Case of Empson and Dudley who were beheaded for executing that ILLEGALL ACT of PARLIAMENT 11. H. 7. cap. 3. which gave power to Justices of Assise as well as Justices of the Peace VVithout any finding or presentment by Jury of 12 men of the Neighbourhood being the ancient BIRTH-RIGHT of the subject upon bare information for the King before them made to have full power and Authority by their discretions to heare and determine all offences or contempts committed or done by any person or persons against the order forme manner or effect of any Statute made and not repealed By colour of which Act of Parliament SHAKEING the FUNDAMENTAL LAVV viz the 29. cap. of Magna CHARTA it is not credible saith he what Exactions and Oppressions were done to the dammage of many People both indicted at Common Law and by Act of Parliament 21 H. 8. both lost their heads And the Lord Cook in the 4th part of his Institutes calls that ACT OF PARLIAMENT A MISCHIEVOVS ACT with a Flattering Preamble The Colour and Fraudulent pretences to avoyde our ANTIENT BIRTH-RIGHT TO DELUDE and amuze the People were to avoyde divers mischiefs 1. To the displeasure of Almighty God 2. To the great Let of the Common Law 3. The great Let of the wealth of the Land as high pretences as any that would make Innovation can devise It was one of the Principle Treasons of Trisilian cheife Justice for dilivering his opinion in subversion of the Law for which he was deprived of his life And the Lord Cook in his Proeme to the second part of his Institutes sets forth that Edward the first did ordaine that Magna CHART A should be sent under the great Seale to all Justices of the Forrest as to others and to all Sheriffs and to all other Officers and to all Cityes and to all Cathedrall Churches and read and published in every County foure times in the year in full County 25 Ed. 1. cap. 1. and cap. 3. and 28 Ed. 1. cap. 2.17 And in the Preamble of the great Charter as the Lord Cook shewes in the second part of his Institutes This antient this Common Law was assented unto and confirmed in these words in the CHARTER viz. that the King did it spontanea bona voluntate that so the King might not plead per duresse as King John did who sought to avoyd it upon pretence of Duress And further saith the Lord Cook in his Proeme to the second part of his Institutes The Common Law of England the great Charter cannot be avoyded by the pretence and suggestion of the minority of a King because his pollitique capacity did alwayes judge him to be of age and no Minor that no argument whatsoever might avoyde our Fundamentall Lawes and Libertyes And further he saith that the onely thing that hath impugned our Liberties hath been evill Counsel Flattery and Ambition and cites the Case of Hugo de Burgo cheife Justice in Henry the 3d his time which is above 400 yeares agoe and Hugh Spencer c for giving rash and evill Counsell to Ed. the 2d but their advice proved destructive to them as the Lord Cook that renowned and industrious PATRIOT excellently shewes and illustrates in the second part of his Institutes of the Lawes of England in his Proem and upon the 29th Chapter of the great Charter All which with friendly submission although you are a stranger get to me to your impartiall serious and just consideration is of great use and worthy your reading and of extending your abilityes and understanding to manifest your affections to those Fundamentall Legal Aphorismes therein contained or to be naturally deduced instead of your own Politicall ones And further to continue to manifest the Excellency of the being and supremacy of the Law averred and mutually confessed in the dayes of Monarchy and by honourable Parliamentary Counsell you may see in Rastalls Abridgements of the Statutes Title Justice and Right Justices An. 2. Ed. 3. Cap. 8. By the assent of the great men and otherwise men of our Counsell we have

their great danger cares and trouble of mind perplexity of State and sometimes desolation aswel as the calamity of multitudes of good People and effusion of innocent blood And indeed in our late times Mr. Bagshawe in his Argument of Law in Parliament against the Bishops Cannons averreth That the Liberty of Conscience is comprehended in the Charter of our Liberties And I also remember I have read that the Macedonians petitioning Jovianus the Emperour for banishing of those who were not of their judgement in matters of their Religion The Emperour perusing their Supplication gave them no other answer but this I tell you trvely I cannot away with contention but such as do imbrace Unity and Concord I do honour and reverence them And I have also read that it was the saying of Maximilianus the Emperour To seek to domineer over the Conscience is impudently to invade the Tower of Heaven And how inconsistent it is with that golden Rule which every man should endeavour actually to excel another in according to the saying of the Heathen Orator Omnis virtutis laus in actione consistit the praise of all vertue consists in action 7 Matt. 12. VVhatsoever things you would have others do to you do the same to them 7 Matt. 2. Judge not that ye be not judged with what measure you mete it shall be met to you again And Mr. Alexander Hinderson the great Scot in his Paper to the late King Charles about 1646. hath this quotation I remember saith he that the famous Joannes Picus Mirandula proveth by irrefragable reasons which no rational man will contradict that no man hath so much power over his own understanding as to make himself beleeve what he will or to think that to be true which his own reason telleth him is false much less is it possible for any man to have his reason commanded by the will or pleasure of another And further he confessed That It is a true saying of the Shoolmen Voluntas imper at intellectui quoad exercitium non quod specificationem Mine own will or the will of another may command me to think upon a matter but no will or command can constrain me to determine otherwise then my reason teacheth me See also Mr. Rogers his Christian Concertation as to this point of Christ his being King and Lord of the Conscience and Sir Henry Vane his Healing question pag. 6. therefore let me close up my opinion against your 21 Aphorism with the force of your own words in your 22 Aphorism viz. To hold that there may be Liberty of Conscience and not Liberty of Conscience is inconsistent with a Commonwealth that hath the Liberty of her own Conscience or that is not Popish XXIII XXIV XXV As to your 23 24 25. Aphorismes I agree with you that where civil liberty is intire it includes liberty of Conscience and where liberty of Conscience is intire it includes civil liberty They are the inseparable RIGHT of the people As to your 25th Liberty of conscience must have security under any GOVERNMENT or else the opposers thereof wil descend into an inevitable Tyranny XXVI To your 26th Aphorism I have cited and declared unto you the great and chief Foundations of our Government which are GOOD ANCIENT LAWS and SUCCESSIVE PARLIAMENTS so that you need not put your self to the danger of introducing Government or waving Prudence and committing things to chance XXVII To your 27th Aphorism I shall onely say in addition to what I have already said That our aforesaid Fundamental Laws Government of England made and confirmed legally by our good and peaceable Ancestors goeth Universally upon natural principles and so is not inconsistent with Scriptures the said laws of England are grounded upon the Laws of God and Nature Doctor and Student and Fineux and Priset former chief Justices in England in the dayes of Monarchy said the Laws of England are founded upon the laws of God XXVIII To your 28th Aphorism I agree that the wisdom of man in the Formation of humane Government may not go upon supernatural principles because they are inconsistent with a Commonwealth upon many and divers considerations too tedious and too impertinent at present to treat of considering we have such righteous Fundamentals already laid better then which we none can lay which foundations no men upon any pretence can justly destroy XXIX To your 29th Aphorism wherein you aver and say in these words viz. To hold that Hirelings as they are termed by some or an indowed Ministry to be removed out of the Church is in-consistent with a Commonwealth I conceive I have sufficiently answered this in answer to your 21 22 23 24. Aphorismes wherein the people have their lawful liberty and the endowed Ministry have their lawfull liberty to receive the Contribution if voluntary of either Magistracie or others and to expect more is a violent imposition and intrenchment upon the natural and Christian Rights of the People which judgement I confess I shall be of unless I shall be rationally satisfied in answer to what I have already said and unless it can be also made appear to me that the incomparable PERSON CHRIST and his Apostles did aduise Magistracie to compel pe●sons to violent actions to constrain maintenance to them or any other of their successive Min●stry Matth. 10.6 7 8 9 10. Christ bids his Apostles preach to the Lost Sheep of the house of Israel commands them freely to give because they had freely received and orders them neither to provide Gold nor Silver nor Brass in their Purses nor scrip for their journey nor two Coats nor Shooes nor staffe and if the House City or Town was not worthy or should not receive them or hear their Word they were to depart and shake the dust off their feet agreeing with Luke 9.2 3. and Luke 10.3 4. He told them he sent them as Lambs amongst VVolves and to the end they in their loving and Christian kind nature as examples for others might not scruple eating and drinking such things as were freely set before them They were approved in accepting thereof because the Labourer is worthy of his hire And 2 Cor. 8.1 2 3 4 5. Paul commends the Churches of Macedonia that they were willing of themselves to be bountiful and to make intreaty to the Apostle for his acceptance of their liberality and yet not as he hoped for it He was so far from using arguments or FORCE and Violence to Magistracie inducing them to compel others to their subsistency And I must confess if you can prove that the indowed Ministry at this day many of whom are Learned and Wise men can safely intitle themselves to be the Lineal descent and especial Ministry of Christ yet it will still remain to prove that they can legally extend their Authority or desire the Sword of Magistracie to extend his strength higher or in another way or method upon any pretence or dispensation then either Christ or his Apostles did I presume there