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	lord_n	plea_n	5,523	5	9.8646	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61451	An apology for the ancient right and power of the bishops to sit and vote in parliaments ... with an answer to the reasons maintained by Dr. Burgesse and many others against the votes of bishops : a determination at Cambridge of the learned and reverend Dr. Davenant, B. of Salisbury, Englished : the speech in Parliament made by Dr. Williams, L. Archbishop of York, in defence of the bishops : two speeches spoken in the House of Lords by the Lord Viscount Newarke, 1641.	Stephens, Jeremiah, 1591-1665.; Davenant, John, ca. 1572-1641.; Williams, John, 1582-1650.; Newark, David Leslie, Baron, d. 1682.	1660 (1660)	Wing S5446; ESTC R18087	87,157	146

the Councel of Clarendon under Hen. 2. Wherein the Clergy were inforced to appear in the Temporal Courts one Canon thereof being Clerici accusati de quacunque re summoniti a Iusticiario Regis veniant in Curiam responsuri ibidem de hoc unde videbitur Curiae Regis quid ibi sit respondendum in Curia Eeclesiastica unde videbitur quod ibi sit respondendum It a quod Regis Iusticiarius mittet in Curiam sanctae Ecclesia ad videndum quomodo res ibi tractabitur si Clericus vel confessus vel convictus fuerit non debet eum de caetero Ecclesia tueri But touching this and the rest of the Constitutions in that Council Math. Paris doth sharply inveigh against them Hanc Recognitionem five Recordationem de Consuetudinibus libertatibus iniquis dignitatibus Deo detestabilibus Archiepiscopi Episcopi clerus cum Comitibus Baronibus proceribus juraverunt And as he addeth His itaque gestis potestas laica in res personas Ecclesiasticas omnia pro libitu Ecclesiastico jure contempto tacentibus aut vix murmur antibus Episcopis potius quam resistentibus usurpabat And this appeareth also by that which Selden relateth in his notes upon Eadner pag. 268. that long after in Edward the seconds time the Clergy had so many oppositions and hinderances in their proceedings from the Temporal Courts that they exhibited a petition in Parliament wherein they recite the grant and constitution of Will 2. allowing them their own Courts by themselves and specify their complaints particularly which he calleth Gravamina Ecclesiae Anglicanae and saith they are those mentioned in the proem of Arti●uli Cleri And in this age we have great cause to complain of Prohibitions but thereof I will say no more now as for the Temporal Courts the Conquerour appointed them to follow his Court royal which Custome continued for many years till under King Iohn at the instant request of the nobility it was granted Ut Communia placita non sequerentur Curiam i. e. Regis sed in loco certo tenerentur That the Court of Justice for Common Pleas should not follow the Kings Court Royal but be held in a place certain as now commonly they are in Westminster-Hall Whereas before the Kings appointed one Grand Lord Chief Justice of all England who for his authority and power was a greater officer both of State and Justice then any in these last ages and ever since that the greatness of that office was abated by King Edw. 1. most of those great Justices were Bishops as Sir Henry Spelman sheweth in his Caralogue of them Glossar pag. 401. Dignitate omnes Reges proceres potestate omnes superabat Magistratus De potestate valde inter alia claret quod quatuor summorum judicum hodiernorum muneribus solus aliquando fungeretur scilicet Capitalis Iustitiarii Banci Regis id est pl●citorum Coronae seu criminalium Capitalis Iusticiarii Banci Communis id est placitorum Civilium Capitalis Baronis Scacarii hoc est Curiae ad s●crum patrimonium fiscum pertinentis c. Most of these great Justices were Bishops as appears by the Catalogue of them they being the principal men for Knowledge and Learning in those dayes and had no doubt power of voting in all Parliaments Councils and assemblies of State And so in these later times Lord Coke sheweth their abilities and rights 4. Instit. pag. 321. The King is well apprised of all his Judges which he hath within his realm as well spiritual as temporal as Arch-bishops Bishops and their officers Deanes and other Ministers who have spiritual jurisdiction It is declared by the King the Lords Spiritual and Temporal and the Commons in full Parliament That the spiritualty now being called the English Church always hath been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it hath been alwayes thought and is also at this hour sufficient and meet of it self without the intermedling of any exterior person or persons to declare and determine of such doubts and to administer all such offices and duties as to their rooms spiritual doth appertain The Adversaries have made divers objections against our Arch-bishops and Bishops Ever since saith Coke But these pretences being in truth but meer Cavils tending to the scandal of the Clergy being one of the greatest States of the realm as it is said in the Statute of 8. Eliz. cap. 1. are fully answered by the said Statute and Provision made by authority of that Parliament for the establishing of the Arch-bishops and Bishops both in praesenti in futuro in their Bishopricks By the Statute also of 39 Eliz. cap. 8. the Arch-bishops and Bishops are adjudged lawful as by the said Act appeareth And by these two Statutes these and all other objections against our Bishops one hath answered which we have thought good to remember seeing we are to treat of their jurisdiction Ut obstruatur os iniquae loquentium saith Lord Coke Yet the fury and rage of these times have stirred up more anger which in the issue will turn to the Confusion and Dishonour of them that began these wars and broyles against the Church and Bishops and fundamental Laws and Statutes which have so fully asserted their rights and authority Thus the Lord Coke premiseth being to treat of the Ecclesiastical Courts and all the jurisdiction belonging to the Clergy and established by the fundamental Laws of the Land against both Papists and Puritans and first he beginneth with the Court of Convocation and of the high Commission in Causes Ecclesiastical which is absolutely necessary for the suppression of all manner of Errots Heresies Schismes abuses offences Contempts and enormities But upon suppression of this Court by the late long Parliament there hath broken forth such an infinite number of heresies schismes sectaries and a rascal rabble of factions as is prodigious to relate and intolerable to be suffered For as it is in the Common Law if there were not Assises and Sessions to punish Malefactors Theeves Cu●purses Offenders and Rogues of all sorts the Land would be so Oppressed with the Multitudes of them no man could enjoy his house or goods freehold or life therefore in London they have every moneth a publick sessions to punish Condemn and Execute all sorts of Malefactors And Corporations in principal Cities have the like authority by Commission and Patent from the King But for the high Commission to punish Offenders against Religion and the Church Lord Coke saith pag. 331. That the Kings Majesty hath and Queen Elizabeth had before him as great and ample Supremacy and jurisdiction Ecclesiastical as ever King of England had before them and that had justly and rightly pertained to them by divers other Acts and by the ancient Laws of England if the said clause of annexation in the said Statute of 1. Eliz. had never been inserted That it was a g●osse Error

thither out of England there being then no Universities neither Paris nor Padua nor Oxon nor Cambridge Only Rome was the principal place for Learning in these Western parts and therefore our Saxon Kings built the Colledge there for English Scholars and purchased Lands in Italy for the maintenance thereof and also gave the Peter-pence for their better allowance and encouragement which as Mr. Fuller accounteth in his late History was the sum of seven thousand and Five hundred pounds The Peter-pence was given not as a Tribute to the Pope as our Common-Chronicles do grant it and Polydor Virgilius and Baronius but as a stipend to maintain the English Colledge As Spelman sheweth clearly upon the word Denarius St. Petri which Doctor Burgesse might have observed better and not have yeilded it to the Tribute paid to the Pope as he doth grant it pag. 18. of his Reply King Henry the eighth and those about him had forgotten the true use of them and therefore in the Tempest of his Indignation swept them away among other superstitious things in a Statute but it might have been justly continued for the first intention and purpose to educate learned men beyond Seas to learn the Civil and Common Law and forraign languages also matters of State who upon their return home after some seven or eight years would deserve best to be preferred to publick places in Church or State The Kings of England well knowing the necessity of such learned men did anciently and of late send some choice Scholars out of either Universities to forraign Countries as Cambden observeth speaking of Sir Thomas Smith Anno 1577. Annis maturior selectus ut in Italiam Regiis impensis mitteretur ad nostra enim tempora nonnulli adolescentes optimae spei ex utraque Academia ad uberiorem ingenii cultum Regum sumptibus in exteris Regionibus alebantur So was Cardinal Pool in his younger years sent abroad by Henry the eighth Sir William Paget Sir Thomas Smith Sir William Peters and Sir Iohn Mason these two having been fellows of All-Souls Colledge in Oxon but being further bred abroad in forraign Countries they gained great experience and wisdome and were made either principal Officers or Secretaries of State at their return home and were principal men about the King for Counsel and disputes of businesse and guided the Kings Counsels in affairs of most importance Education in our own Universities at home is not sufficient to enable men for all publick places and offices under a King It is well known that learned young men of the best sort in the Universities being sent abroad to travail when they come home are commonly men of far better abilities then such as have only stayed at home as of late years Sir Edwin Sandys Sir Isaac Wake Sir Iohn Digby Sir Clement Edmond and Dr. Bryan Duppa now Bishop of Salisbury both these having been fellows of All-Souls Colledge and Docter Duppa specially chosen to be the Princes Tutor having been bred a Civilian in his Colledge and eminent besides for all polite Literature and proctor of the University and afterwards travailing into France and Spain upon his return home it was not long before King Charles took special notice and made choice of him for the instruction of his three Sons who are now the most accomplished Princes in Christendome notwithstanding the late disturbance and Rebellion of these present times and are likely to prove the most renowned when the present troubles shall be composed Education goes beyond nature as Aristotle sheweth 1. Ethic. Good instruction and learned Education doth add those perfections which cannot be obtained with ordinary helps and by such men as know only their own native Country and Climat The opposition that some men make against the Votes and presence of the Bishops in Parliaments and other places of Office and imployment under the King doth arise from that false principle that jurisdiction Ecclesiastical and civil ought to be distinct and separate both for persons and their imployments Which is already here confuted it being one grand error of Calvin and Beza with divers others that follow them too closely in all opinions as if they had been men free from error Our Bishops in ancient times were most part Lawyers learned in the Civil and Canon Laws and thereby also knowing much in the Canon Law and therefore they were the chiefest Judges of the Land in all Courts of Justice as Spelman sheweth in his learned Glossary for 200 years after the Conquest reckoning the Catalogue of the great Lord cheif Justices being most part men of the Church pag. 409. 410 c. and so pag. 131. Fungebantur antique cancellariatus dignitate viri tantum Ecclesiastici Episcopi qui praeterea Curam gerebant Regiae cap●llae repositaque illic Monumenta Rotulos Recorda vocant sacra custodia tuebantur c. And so also Lord Cook sheweth 1. Instit. lib. 3. pag. 304. B. In ancient time the Lord Chancellour and Treasurer were most part men of the Church yet were they expert and learned in the Laws of the Realm as for example in the time of the Conquerour Egelricus Episcopus Cicestrousis viz. Antiquissimus in legibus sapientissimus Nigellus Episcopus Eliensis Hen. 1. The saurarius in temporibus suis incomparabilem habuit Scacarii scientiam de eadem scripsit optime Henricus Cant. Episcopus H. Dunelm Episcopus Willielmus Episcopus Eliensis G. Roffensis Episcopus Martinus de Pateshall Clericus Decanus divi Pauli London constitutus fuit capitalis Iusticiarius de Banco c. Willielmus de Raleash Clericus Iusticiarius Domini Regi● Iohannes Episcopus Caliolensis temp H. 3. Robertus Passelew Episcopus Cicestrensis temp H. 3. Robertus de Lexinton Clericus constitutus sapitalis Iusticiarius de Banco Iohannes Briton Episcopus Hereford Henricus de Stanton Clericus constitutus fuit capitalis Iustic ad placita With many others So also Selden affirmeth in his Notes upon Fleta Sir Iohn Eliott in his Speech in Parliament confesseth that there are among our Bishops whose profession I honour saith he such as are fit to be made example for all ages who shine in vertue and are firm for our Religion c. as Rushworth relateth in his Collections pag. 661. If Bishops be so eminent that they shine in vertue certainly they are fit men to be present in Parliaments for Parliaments ought to consist of such men as shine in vertue as are firm for Religion A Learned Knight and Courtier writing an answer to Sir Anth. Welden his Pamphlet entituled the Court and Character of King Iames pag. 178. where he speaketh of the preferment of Doctor Williams to be Lord Keeper of the great Seal sheweth That former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-men they best knowing a case of Conscience And anciently the civil Law was always judged by the Ministers of the Church and