Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	common_a	lord_n	sir_n	7,718	5	6.9735	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A46779	Severall papers lately vvritten and published by Iudge Ienkins, prisoner in the Tower viz. 1. His vindication. 2. The armies indempnity [sic]: with a declaration, shewing, how every subject ought to be tryed for treasons, felonies, and all other capitall crimes. 3. Lex terræ. 4. A cordiall for the good people of London. 5. A discourse touching the incoveniences of a long continued Parliament. 6. An apologie for the army.; Severall papers lately written and published by Judge Jenkins, prisoner in the Tower.	Jenkins, David, 1582-1663.	1647 (1647)	Wing J608; ESTC R217036	64,480	98

separable from his Person is High Treason by the Law of the Land which is so declared by that learned man of the Law Sir Edward Coke so much magnified by this present Parliament who in the 7. part of his Reports in Calv. Case fo 11. saith thus In the reigne of Edward the second the Spencers the Father and Son to cover the Treason hatched in their hearts invented this damnable and damned opinion that Homage and Oath of Ligeance was more by reason of the Kings Crowne that is of his politicke capacity then by reason of the person of the King upon which opinion they inferred 3. execrable and detestable consequences 1. If the King doe not demeane himselfe by reason in the right of his Crowne his lieges are bound by Oath to remove the King 2. seeing that the King could not be reformed by suit of Law that ought to be done per aspertee that is by force 3. That his lieges be bound to governe in aid of him and in default of him All which were condemned by two Parliaments one in the raigne of Edw 2. called exilium Hugonis le Spencer and the other in Anno 1. Edw. 3. cap. 2. And that the naturall body and politicke makes one indivisible body and that these two bodies incorporate in one person make one body and not divers is resolved as the Law of England 4. Eliz. Ploydon Com. fol. 213. by Sir Cobert Catlin Lord Chiefe Justice of England Sir James Dier Lord Chief Justice of the Common Pleas the Lord Sanders Lord Chiefe Baron of the Exchequer and by the rest of the Judges viz. Justice Rastall Justice Browne Justice Corbet Justice Weston Baron Frevyll Conne and Pewdrell Sergeant Gerrard Atturny Generall Carre● Atturny of the Dutch Plowdon the learnedst man of that age in the knowledge of the Law and Customes of the Realm 8. The Law in all ages without any controversie is and hath beene That no Act of Parliament bindes the Subjects of this Land without the assent of the King either for person Lands Goods or Fame No man can shew any sillable letter or line to the contrary in the bookes of the Law or printed Acts of Parliament in any age in this Land If the vertuall Power be in the Houses there needes no assent of the Kings The stiles of the Acts printed from 9. Hen. 3. to 1. Hen. 7. were either 9 Hen. 3. Magna Charta So in every age till this day and in every Kings time as appears by the Acts in Print 1 part of the Instit Sect. 234. in fine where many of the Law-Bookes are cited 7. H. 7.14.12 of Hen. 7.20 The King ordaines at his Parliament c. or the King ordaineth by the advice of his Prelats and Barons and at the humble Petition of the Commons c. In Hen. 7. his time the Stile altered and hath sithence continued thus It is ordained by the Kings Majesty and the Lords spirituall and temporall and Commons in this present Parliament assembled So that alwayes the Assent of the King giveth the life to all as the soule to the body and therefore our Law-Bookes call the King the Fountaine of Justice and the life of the Law 9. 2. H. 4. c. 22. 4 pars instit 42. M. Prin in his Treatise of the great Seale Fol. 17.27 Hen. 8. Chap. 24. Mercy as well as Justice belongs by the law of the Land only to the King This is confessed by Master Prynn and it is so without any quection The King can only pardon and never more cause to have sufficient pardons then in such troublesome times as these and God send us pardons and peace None can give any pardon but the King by the Law of the Land The whole and sole power of pardoning Treasons and Felonies belongs to the King are the words of the Law and it is a delusion to take it from any other and utterly invalid 27 Hen. 8. Cap 24. 10. Queene Elizabeth summoned her first Parliament to be held the 23. of January in the first yeare of Her Majesties Raigne The Lords and Commons assembled by force of the same writ the 23. day the Queen fell sick and could not appeare in her person in Parliament that day and therefore prorogued it untill the 25. of the same Month of January Resolved by all the Judges of England 3 Of Eliz. Dier 203. that the Parliament began not the day of the returne of the writ viz. the 23. of January when the Lords and Commons appeared but the 25. of the said moneth when the Queen came in person Which sheweth evidently that this virtuall presence is a meere deluding fiction that hath no ground in Law reason or sense They have the King now a prisoner at Holmby with guards upon him and yet they governe by the vertuall Power of their Prisoner These are some of the causes and reasons which moved me to deliver that paper to Master Corbet which I am ready to justifie with my life and should hold it a great honour to die for the honourable and holy Lawes of the Land That which will save this Land from destruction is an Act of Oblivion and His Majesties gracious generall pardon the Souldiers their Arears and every man his owne and Truth and Peace established in the Land and a favourable regard to the satisfaction of tender Consciences Aprill 29. 1647. David Jenkins THE ARMIES INDEMNITY With Addition Together With a Declaration shewing how every Subject of England ought to be tried for Treasons Felonies and all other Capitall Crimes as it is set down in the Lawes of the LAND By David Jenkins now Prisoner in the Tower of LONDON Printed in the Yeare 1647. The Armies Indemnity c. UPon the publishing of the Ordinance of the 22. of May last for the Indemnity of the Army certain Gentlemen well affected to the peace of the Kingdome and safety of the Army desired me to set downe in writing whether by the Law of the Land the said Ordinance did secure them from danger as to the matters therein mentioned For whose satisfaction in a businesse wherein the lives and fortunes of so many men were concerned and the Peace of the Kingdome involved I conceived I was bound in duty and conscience faithfully and truly to set downe what the Law of the Land therein is which accordingly I have with all sincerity expressed in this following discourse The danger of the Army by the Law of the Land is apparent to all men 25. Ed. 3. c. 11. 2 Ri. 2. cap. 3. 1 Hen. 4. c. 10. 1 and 2. Phil. and Mary c. 10 It is high Treason by the Law of the Land to leavy warre against the King to compasse or imagine his death or the death of his Queene or of his eldest Sonne to counterfeit his Money or his great Seale They are the words of the Law Other Treasons then are specified in that Act are declared to be no Treasons untill the King and

Jan. 1641. as aforesaid being a yeare and almost three moneths had time and liberty to question all those persons who were eyther causes or instruments of the violation of any of the Lawes Examine how both Houses remedied them in former times First touching Religion What hath beens done this way Both houses in Henry the eights time tendred to him a Bill to bee passed called commonly the Bill of the six Articles this was conceivd by them to be a just and a necessary Bill Had not Henry the eighth done well to have refused the passing of this bill both houses tendred a bill to him to take the reading of the Scriptures from most of the laity had not King Henry the eight deserved much prayse to reject this bill In Queene Maryes time both houses exhibited a bill to her to introduce the Popes power and the Roman Religion had not Queen Mary done well to have refused this bill Many such instances may be given The two Houses now at Westminster I am sure will not deny but the refusall of such Bills had beene just the King being assisted as aforesaid and why not so in these times For the Civill Government what a bill did both houses present to Richard the third to make good his title to the Crowne had it not beene great honour to him to have rejected it what bills were exhibited to Henry the eight by both houses for bastardizing of his daughter Elizabeth a Queene of renowned memory to settle the Crowne of this Relme for default of Issue of his body upon such persons as he should declare by his letters Patents or his last will and many more of the like had not this refusall of passing such bills magnified his vertue and rendred him to posterity in a different Character from what he now hath And by the experience of all times and the consideration of human frailty this conclusion is manifestly deduced that it is not possible to keepe men at all times be they the houses or the King and his councell but there will be sometimes some deviation from the Lawes and therefore the constant and certain powers fixed by the ancient Law must not be made void and the Kings Ministers the Laws do punish where the Law is transgressed and they only ought to suffer for the same In this Parliament the houses exhibited a bill to take away the suffrages of Bishops in the upper house of Parliament and have sithence agreed there shall be no more Bishops at all might not the King if he had so pleased have answered this bill with Le Roy s'avisera or no voult it was against Magna Charta Articuli Cleri and many other acts of Parliament And might have farther given these reasons if it had so pleased him for the same first that this Bill destroyes the writt whereby they are made two houses of Parliament the King in the writt to the Lords being Cum praelatis colloquium habere secondly they have beene in all Parliaments since we had any and voted but in such wherein they themselves were concerned And there have beene Bishops here sithence we were Christians and the fundamentall Law of the Kingdome approves of them if any of them were conceived offensive they were left to justice and his Majestie would put in inoffensive men in their places but sithence his Majestie hath passed the Bill for taking away their votes in Parliament it is a Law that binds us so farr Upon the whole matter the Law hath notably determined that Bills agreed by both houses pretended to be for the publique good are to be judged by the King for in all Kings reigns Bills have been preferred by both houses which all wayes are pretended to be for the publique good and many times are not and were rejected with Roy s'avisera or Roy ne veult This Parliament beganne the third of November 1640 before that time in all the Kings reigne no armed power did force any of the people to do any thing against the law what was done was by his Judges officers Referees and Ministers from that time untill the tenth of January 1641 when the King went from London to avoyde the danger of frequent tumults being a yeare and three months Privy Councellors and all his Justices and ministers were left to the Justice of the law there wanted 〈◊〉 time to punishable men The Sphaere of the house of Comment is to represent the grievances of the Countrey to grant aydes for the King upon all fit occasions extraordinary to assent to the making or abrogating of lawes The Orb of the house of Lords to Reforme eroneous judgements given in the Kings Bench to redresse the delayes of Courts of Justice to receive all Petitions to advise his Majestie with their Councell to have their votes in making or abrogating of Lawes and to propose for the common good what they conceive meete L●x non cogit ad impossibilia Subjects are not to expect from Kings impossible things so many Judges Councellours Sheriffes Justices of the peace Commissioners Ministers of State that the King should over-looke them all cannot be it is impossible The King is virtually in his ordinary Courts of Justice so long as they continue has Courts their charge is to administer the lawes in being and not to delay defarre or sell-justice for any commandement of the King We have Lawes enough ●●st●u●●●ta b●●i saculi sunt boni 〈◊〉 good ministers as Judges and officers are many times wanting the houses propose now Lawes or abrogation of the old both induce novelty the law for the reasons aforesaid makes the King the only Judge who is assisted therein by a great number of grave learned and prudent men as aforesaid For the considerations aforesaid the Kings party adhered to him the law of the Land is their birth-right their guide no offence is committed where that is not violated they found the commission of Array warranted by the law they found the King in this Parliament to have quitted the Ship-money Knighthood-money seven Courts of Justice consented to a trienniall Parliament setled the Forest bounds tooke away the Clerke of the Market of the houshold trusted the house with the Navie passed an Act not to dissolve this Parliament without the Houses assent no people in the world so free if they could have been content with Lawes oathes and reason and nothing more could or can be devised to secure us neither hath been in any time Notwithstanding all this we found the King driven from London by frequent tumults that two thirds and more of the Lords had disserted that house for the same cause and the greater part of the house of Commons left that house also for the same reason new men chosen in their places against Law by the pretended Warrant of a counter set Seale and in the Kings name against his consent levying warre against him and seizing his Ports Forts Magazines and Revenue and converting them to his destruction

two Houses c. It is true the King cannot controle or prevent his other Courts for that they are his ordinary Courts of common Iustice to administer common right unto all men according to the fixed Lawes 14 H. 8.3 36 H. 8. Dier 60. The Houses make no Court without the King they are no body corporate without the King nor Parliament without the King they all make one corporate body one Court called the Parliament 4 Pars Instit pa. 1. whereof the King is the head and the Court is in the Lords House where the King is present and as a man is no man without a head so the Houses severed from the King as now they are have no power at all and they themselves by levying wa● against the King and imprisoning of him have made the Statute for not dissolving adjourning or proroging this Parliament of no effect by the said Acts of their own they sit to no purpose without his assent to their Bills they will not suffer him to consult with them and treat and reason with them whereby he may discern what Bills are fit to passe and what not which in all Ages the Kings of this Land have enjoyed as their undoubted Rights and therefore they sit to no purpose by their own disobedience and fault For the ordinary Courts at Westminster 27 H. 8. c. 24. 28 H. 8.11 Dier the Iudges in all those Courts are Iudges by the Kings Patent or Writ otherwise they are no Iudge the Houses can make no Iudges they are no Iudges at all who are made by them the whole sole power of making Iudges belongs to the King the King cannot controule or prevent his own Iudges from sitting or acting but the Houses hee may for they are not the Kings Iudges but the Iudges of the two Houses 2 R. 3.11 In his other Courts the King commits his power to his Iudges by his Patent and they are sworn to doe common right to all men and the King is sworn not to let them from so doing the King cannot judge in those Courts nor controule but the King is both Iudge and Controller in the Court of Parliament Quoad Acts for his assent or dissent doth give life or death to all Bills Many Lawyers have much to answer to God this Kingdome and to p●sterity for puzling the poore of this Land with such Fancies as the Gentleman who wrote the Answer to my Paper and others have published in these Troubles which hath been none of the least causes of the raysing and continuing of them And so I have with the first part of his Answer AD. 2. For the Non sequitur in the second Section of the Gent. Answer the Antecedent and the Censequent are his own Quem recitas meus est ô Fidentine libellus Sed malè dum recitas incipit esse tuus My words are that the King is not virtually in the two Houses at Westminster to enable them to grant pardons for that whole and sole power by the Law belongs to the King My Paper hath no such thing 27 H. 8. c. 24. as that the Kings power cannot be derived to others or the vertue of his power For his power and the vertue of his power is in all Patents to his Iudges in Charters to Corporations in Commissions of all sorts and in the Parliament assembled by force of his Writ of Summons so long as they obey him but when they renounce that power and claime it not from the King and declare to the Kingdome that he is not in condition to govern and imprison him and usurp to themselves all Royall Authority as the two Houses now doe no reasonable man can affirm that they act by the power of their prisoner who hath no power to give them that by force of Armes take all the power to themselves The Gent. saith the King grants Commissions daily of Oyer and Terminer which he cannot frustrate nor ●lude 4 E. 4.39 5 F. 4.4 1 Eliz Dyer 165. 1 Mar. Brooks case 447. The King may revoke and discharge the Commission by his Writ as he may remove all Iudges and place other men in their roome and any Kings death determines all the Iudges Patents of Westminster Hall Commissions of Oyer and Terminer c. and so he might dissolve both Houses in all times by his Writ under the Great Seale untill that by this Parliament by his own concession the King of his goodnesse hath secluded himself which goodnesse hath been full ill requited The Gent affirms That the power the Parliament hath is concurrent from the King and Kingdome which he conceives is proved by the Grant of Subsidies to the King by the Parliament The mistaking of this word Parliament hath been mischievous in these times to this Land 4 Pars Instit pag 1. and it is affectedly mistaken which makes the sinne the greater for the two Houses are not the Parliament as before is declared and at this time so to inculcate it when all men know that of the 120 Peeres of the Kingdome who were Temporal Peeres before the Troubles there are not now above 30 in the Lords House and in the House of Commons about 200 of the principall Gent. of the Kingdome left the House and adhered to his Majesty who is imprisoned by them shewes no such candor as is to be desired It is true that no Tallage can be layd upon the people of this Land 25. E. 1. confirmatio chartarum cap. 6. 34. E. 1. cap. 1. de Tallagio non concedendo but by their consent in Parliament as appeareth by the Lawes mentioned in the Margent but you shall finde in Mr S●ld●ns learned Book called Mare Clausum a number of Presidents in Henry the Thirds time for Ship-money justly condemned this Parliament to the which his Majesty assented and in truth that Ship-money was condemned before by the said two Statutes of 25. E. 1. 34. E. 1. de Tallagio non concedendo Danegelt Englitery and many grievous burthens were laid upon the people and born untill that memorable Princes time But I am of opinion that the Common Law of the Land did alwayes restraine Kings form all Subsidies and Tallages but by consent in Parliament which doth appear by Magna Charta the last chapter where the Prelates Lords and Communalty gave the King the fifteenth part of their moveables In truth it is no manner of consequence because the King cannot take what he pleaseth of the sub●ects goods that therefore they have a concurrent power in Parliament there have been many Parliaments and no Subsidies granted Parliaments may be without Subsidies but Subsidies cannot be without Parliaments of ancient time Parliaments rarely granted any unlesse it were in the time of forraine Warres and in my time Q● Elizabeth refused a Subsidy granted in Parliament and in the Parliament of ● Jac. none were granted The Gent. should make a conscience of blinding the people with such untrue colours to