Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	king_n	plea_n	3,508	5	9.7258	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61839	Episcopacy (as established by law in England) not prejudicial to regal power a treatise written in the time of the Long Parliament, by the special command of the late King / and now published by ... Robert Sanderson ...	Sanderson, Robert, 1587-1663.	1661 (1661)	Wing S599; ESTC R1745	38,560	153

bring down the Regal Power and set up their own 3. That upon these very grounds the custome was altered by Act of Parliament and a Statute made 1. Ewd. VI. howsoever since repealed and discontinued that all Processes Ecclesiastical should be made in the Kings name and not in the Bishops V. As to the first point true it is that the manner used by the Bishops in the Ecclesiastical Courts viz. in issuing out Summons Citations Processes giving Iudgments c. in their own names and not in the Kings is different from the manner used in the Kings Bench Exchequer Chancery and sundry other Courts But that difference neither doth of necessity import an independency of the Ecclesiastical Courts upon the King nor did in all probability arise at the beginning from the opinion of any such independency nor ought in reason to be construed as a disacknowledgement of the Kings authority and Supremacy Ecclesiastical For VI. First there is between such Courts as are the Kings own immediate Courts and such Courts as are not a great difference in this point Of the former sort are especially the Kings Bench and Chancery as also the Court of Common Pleas Exchequer Iustices of Goal-delivery c. In the Kings Bench the Kings themselves in former times have often personally sate whence it came to have the name of the Kings Bench neither was it tyed to any particular place but followed the Kings Person At this day also all Writs returnable there run in this style Coram nobis and not as in some other Courts coram Iustitiariis nostris or the like and all judicial Records there are styled and the Pleas there holden entred Coram Rege and not coram Iustitiariis Domini Regis Appeals also are made from inferiour Iudges in other Courts to the King in Chancery because in the construction of the Lawes the Kings Personal Power and Presence is supposed to be there and therefore Sub-poena's granted out of that Court and all matters of Record passed there run in the same style Coram Rege c. Forasmuch as in the Iudges in these two Courts there is a more immediate representation of the Kings Personal power and presence then in the Iudges of those other Courts of Common Pleas Exchequer c. Which yet by reason of his immediate virtual power and presence are the Kings immediate Courts too In regard of which his immediate virtual power although the style of the Writs and Records there be not Coram nobis Coram Rege as in the former but onely Coram Iustitiariis Coram Baronibus nostris c. yet inasmuch as the Iudges in those Courts are the Kings immediate sworn Ministers to execute justice and to do equal right to all the Kings people in his name therefore all Processes Pleas Acts and Iudgements are made and done in those Courts as well as in the two former in the Kings name But in such Courts as do not suppose any such immediate Representation or presence of the Kings either personal or virtual Power as that thereby they may be holden and taken to be the Kings own immediate Courts the case is far otherwise For neither are the Iudges in those Courts sworn the Kings Iudges to administer Justice and do right to the Kings subjects in his name and stead nor do they take upon them the authority to cite any person or to give any sentence or to do any act of Jurisdiction in the Kings name having never been by him authorized so to do Of this sort are amongst others best known to them that are skilled in the Laws of this Realm all Courts-Baron held by the Lord of a Manner Customary Courts of Copyholders c and such Courts as are held by the Kings grant by Charter to some Corporation as to a City Borough or Vniversity or els by long usage and prescription of time In all which Courts and if there be any other of like nature Summons are issued out and Iudgements given and all other Acts and Proceedings made and done in the name of such persons as have chief authority in the said Courts and not in the name of the King So as the styles run thus A. B. Major civitatis Ebor. N. M. Cancellarius Vniversitatis Oxon. and the like and not Carolus Dei gratia c. VII Upon this ground it is that our Lawyers tell us out of Bracton that in case of Bastardy to be certified by the Bishop no inferiour Court as London Yorke Norwich or any other Incorporation can write to the Bishop to require him to certify but any of the Kings Courts at Westminister as Common Pleas Kings Bench c. may write to him to certify in that case The reason is Because Nullus alius praeter Regem potest Episcopo demandare inquisitionem faciendam Which maketh it plain that the Kings immediate powe either personal or virtual is by the Law supposed to be present in Courts of the one sort not of the other the one sort being his own immediate Courts and the other not VIII Now that the Ecclesiastical Courts wherein the Bishops exercise their Jurisdiction are of the latter sort I doubt not but our Law-books will afford plenty of arguments to prove it beyond all possibility of contradiction or cavil Which being little versed in those studies I leave for them to find out who have leisure to search the books and do better understand the nature constitution differences and bounds of the several Courts within this Realm One argument there is very obvious to every understanding which because I shall have fit occasion a little after to declare I will not now any longer insist upon taken from the nature of the Iurisdiction of these Courts so far distant from the Iurisdiction appertaining to those other Courts that these are notoriously separated and in Common and vulgar speach distinguished from all other by the peculiar name and appellation of the Spiritual Courts But another Argument which those books have suggested I am the more willing here to produce for that it not only sufficiently proveth the matter now in hand but is also very needful to be better known abroad in the world then it is for the removing of a very unjust censure which meerly for want of the knowledge of the true cause hath been laid upon the Bishops in one particular to their great wrong and prejudice It hath been much talked on not only by the Common sort of people but by some persons also of better rank and understanding and imputed to the Bishops as an act of very high insolency that in their Processes Patents Commissions Licences and other Instruments whereunto their Episcopal Seale is affixed so oft as they have occasion to mention themselves the Style runneth ever more in the Plural number Nos G. Cantuar-Archiepiscopus Coram nobis Salvo nobis c. just as it doth in his Majesties Letters Patents and Commissions thereby shewing themselves say they as if they were his

EPISCOPACY As established by Law in England NOT PREJUDICIAL TO REGAL POWER A Treatise written in the time of the Long Parliament By the special Command of the late KING And now published by the Right Reverend Father in God ROBERT SANDERSON Lord Bishop of Lincoln LONDON Printed by R. Norton for Timothy Garthwait in St. Pauls Church-yard 1661. TO THE Most High and Mighty King CHARLES the II d By the Grace of God King of Great Britain France and Ireland Defender of the Faith c. Most Gracious and Dread Soveraign THat I take the boldness humbly to present this short discourse to your Majesties Sacred hand and piercing eye it is upon this one and onely account that how mean soever the performance be the undertaking was in obedience to the command of a most Gracious Master your Majesties Royal Father of Blessed Memory The Occasion this When the Army had gotten the King into their own custody out of the hands of those that had long holden him in durance at Holdenby to put a blind upon the world they made a shew of much good towards him which as soon after appeared they never meant him Amongst other the pompous civilities wherewith the better to cloak their hypocrisie they entertained him it was their pleasure to vouchsafe him the attendance of some of his own Chaplains which though it could merit little for such a kindness could not with justice have been denyed to a far meaner person was yet a boon his former Goalers thought too big for him In that Summer Progress such as it was four of us of his own naming with the Clerk of his Closet were suffered to wait upon him In which time of waiting which was in August MDCXLVII His Majesty being then at Hampton-Court one day called me to him and told me he had a little work for me to do Some about him it seems had been often discoursing with him about EPISCOPACY as it was claimed and exercised by the Bishops within this Realm Which whether out of their good-will to him or their no-good-will to the Church I am not able to say they had endeavoured to represent unto him as not a little derogatory to the REGAL AUTHORITY as well in the point of Supremacy as of Prerogative in the one by claiming the function as of Divine Right in the other by exercising the Jurisdiction in their own names His Majesty said farther that he did not believe the Church-Government by Bishops as it was by Law established in this Realm to be in either of the aforesaid respects or any other way prejudicial to his Crown and that he was in his own judgement fully satisfied concerning the same yet signified his pleasure withal that for the satisfaction of others I should take these two Objections into consideration and give him an Answer thereunto in writing In Obedience to which his Majesties Royal pleasure after my return home I forthwith according to my bounden duty addressed my self to the work and was drawing up an Answer to both the Objections as well as I was able with a purpose to present the same as soon as it should be finished to his Majesty in writing upon the first offered opportunity But behold before I could bring the business ad umbilicum and quite finish what was under my hand the Scene of affairs was strangely changed The King trepann'd into the Isle of Wight the mask of Hypocrisie by long wearing now grown so thin and useless that it was fit for nothing but to be thrown by no kind of impiety and villany but durst appear bare-faced and in the open Sun high insolencies to the contempt of Authority every where committed Majesty it self trampled upon by the vilest of the People and the hearts of all loyal honest men sadly oppressed with griefs and fears Yet had the men who steered the Publick as they listed that they might give themselves the more recreation amuse the world anew and grace the black Tragedy they were acting with the more variety a mind to play one game more the next year to wit the Treaty at the aforesaid Isle of Wight Where assoon as I understood that by his Majestie 's nomination I was to give my attendance I looked out the old Papers which I had laid aside a good while before made up what was then left unfinished and took the Copy with me to the Isle thinking that when the Treaty should be ended for whilest it lasted his Majesty was taken up with other thoughts and debates of higher concern I might possibly have the opportunity to give his Majesty an account thereof What became of that Treaty and what after ensued is so well known to the world that there is no need and withal so sad that it can be no pleasure to remember But thenceforward were those Papers laid aside once again and destined to perpetual silence had not a debate lately started concerning one of the principal points therein handled occasioned some persons of eminent place and esteem in the Church and one of them conscious to the aforesaid command laid upon me by the late King to desire a sight of those Papers Which being by their encouragement now made publick though having little other to commend them either to the world but Truth and Plainness or to your Majesty but that they had their first rise from his command whose Throne and Vertues you inherit I humbly beseech your Majesty graciously to accept together with the Prayers of Your Majesties most Loyal Subject and devoted Servant ROBERT LINCOLN LONDON August 10. MDCLXI By the KING A PROCLAMATION Declaring that the proceedings of his Majesties Ecclesiastical Courts and Ministers are according to the Lawes of the Realm WHereas in some of the Libellous books and Pamphlets lately published The most Reverend Fathers in God the Lords Arch-Bishops and Bishops of this Realm are said to have usurped upon his Majesties Prerogative Royal and to have proceeded in the high Commission and other Ecclesiastical Courts contrary to the Laws and Statutes of this Realm It was ordered by his Majesties high Court of Star-Chamber the Twelfth day of June last that the opinion of the two Lords chief Iustices the Lord chief Baron and the rest of the Judges and Barons should be had and certified in those particulars viz. Whether Processes may not issue out of the Ecclesiastical Courts in the Name of the Bishops Whether a Patent under the great Seal be necessary for the keeping of the Ecclesiastical Courts and enabling Citations Suspensions Excommunications and other censures of the Church And whether Citations ought to be in the Kings name and under his Seal of Arms and the like for Institutions and Inductions to Benefices and Correction of Ecclesiastical offences Whether Bishops Arch-Deacons and other Ecclesiastical persons may or ought to keep any visitation at any time unless they have express Commission or Patent under the great Seal of England to do it and that as his Majesties Uisitors only and