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justice_n chief_a lord_n plea_n 5,523 5 9.8646 5 true
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A70276 Divers historicall discourses of the late popular insurrections in Great Britain and Ireland tending all, to the asserting of the truth, in vindication of Their Majesties / by James Howell ... ; som[e] of which discourses were strangled in the presse by the power which then swayed, but now are newly retreev'd, collected, and publish'd by Richard Royston. Howell, James, 1594?-1666. 1661 (1661) Wing H3068; ESTC R5379 146,929 429

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three things which are inalienable from the Person of the King They are 1. The Crowne 2. The Scepter 3. The Sword The one He is to carry on His Head the other in His Hand and the third at His Side and they may be termed all three the ensignes or peculiar instruments of a King by the first He Reignes by the second He makes Lawes by the third He Defends them and the two first are but bables without the last as was formerly spoken 1. Touching the Crown or royal Diadem of England ther is none whether Presbyterian Independent Protestant or others now in action but confess that it descends by a right hereditary Line though through divers Races and som of them Conquerours upon the Head of Charles the first now Regnant 't is His own by inherent birth-right and nature by Gods Law and the Law of the Land and these Parliament-men at their first sitting did agnize subjection unto Him accordingly and recognize Him for their Soveraign Liege Lord Nay the Roman Catholick denies not this for though there were Bulls sent to dispense with the English Subjects for their allegiance to Queen Elizabeth yet the Pope did this against Her as he took Her for a Heretick not an Usurpresse though he knew well enough that She had bin declared Illegitimate by the Act of an English Parliament This Imperial Crown of England is adorned and deckd with many fair Flowers which are called royal Prerogatives and they are of such a transcendent nature that they are unforfeitable individual and untransferrable to any other The King can only summon and dissolve Parliaments The King can only Pardon for when He is Crowned He is sworn to rule in Mercy as well as in Justice The King can only Coyn Money and enhance or decry the value of it The power of electing Officers of State of Justices of Peace and Assize is in the King He can only grant soveraign Commissions The King can only wage War and make Out-landish Leagues The King may make all the Courts of Justice ambulatory with His Person as they were used of old 't is tru the Court of Common Pleas must be sedentary in som certain place for such a time but that expired 't is removeable at His pleasure The King can only employ Ambassadours and Treat with forraign States c. These with other royal Prerogatives which I shall touch hereafter are those rare and wholsom flowers wherewith the Crown of England is embellished nor can they stick any where else but in the Crown and all confess the Crown is as much the King 's as any private man's Cap is his own 2. The second regall Instrument is the Scepter which may be called an inseparable companion or a necessary appendix to the Crown this invests the King with the sole Authority of making Lawes for before His confirmation all results and determinations of Parliament are but Bills or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they are but abortive things and meer Embryos nay they have no life at all in them till the King puts breath and vigour into them and the ancient custome was for the King to touch them with His Scepter then they are Lawes and have a vertue in them to impose an obligation of universall obedience upon all sorts of people It being an undeniable maxime That nothing can be generally binding without the King 's royall assent nor doth the Law of England take notice of any thing without it This being done they are ever after styl'd the Kings Lawes and the Judges are said to deliver the King's judgments which agrees with the holy text The King by judgment shall stablish the Land nay the Law presumes the King to be alwaies the sole Judge Paramount and Lord chief Justice of England for he whom He pleaseth to depute for His chiefest Justice is but styl'd Lord chief Iustice of the Rings ●…ench not Lord chief Justice of England which title is peculiar to the King Himself and observable it is that whereas He grants Commissions and Patents to the Lord Chancellour who is no other then Keeper of His Conscience and to all other Judges He names the Chief Justice of his own Bench by a short Writ only containing two or three lines which run thus Regina Iohanni Popham militi salutem Sciatis quod constitutmus vos justiciarium nostrum Capitalem ad placita coram nobis terminandum durante beneplacito nostro Teste c. Now though the King be liable to the Laws and is contented to be within their verge because they are chiefly His own productions yet He is still their Protector Moderator and Soveraigne which attributes are incommunicable to any other conjunctly or separately Thus the King with His Scepter and by the mature advice of His two Houses of Parl. which are His highest Councel and Court hath the sole power of making Laws other Courts of judicature doe but expound them and distribute them by His appointment they have but Iuris dati dictionem or declarationem and herein I meane for the Exposition of the Lawes the twelve Iudges are to be believed before the whole Kingdom besides They are as the Areopagites in Athens the chief Presidents in France and Spaine in an extraordinary Iunta as the Cape-Syndiques in the Rota's of Rome and the Republique of Venice whose judgments in point of interpreting Lawes are incontroulable and preferred before the opinion of the whole Senate whence they received their being and who hath still power to repeal them though not to expound them In France they have a Law maxime Arrest donné en Rebbe rouge est irrevocable which is a Scarlet Sentence is irrevocable meaning when all the Judges are met in their Robes and the Client against whom the Cause goes may chafe and chomp upon the bit and say what he will for the space of twenty foure howers against his Judges but if ever after he traduces them he is punishable It is no otherwise here where every ignorant peevish Client every puny Barister specially if he become a Member of the House will be ready to arraign and vie knowledge with all the reverend Judges in the Land whose judgement in points of Law shold be onely tripodicall and sterling so that he may be truly call'd a just King and to rule according to Law who rules according to the opinion of his Judges therefore under favour I do not see how his Majesty for his part could be call'd injust when he leavied the Ship-money considering he had the Judges for it I now take the Sword in hand which is the third Instrument of a King and which this short discours chiefly points at it is as well as the two first incommunicable and inalienable from his Person nothing concernes his honor more both at home and abroad the Crown and the Scepter are but unweildy and impotent naked indefensible things without it There 's none so simple as to think there 's meant hereby an ordinary single sword