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
A86626	The instruments of a king: or, A short discourse of the svvord. The scepter. The crowne. ...	Howell, James, 1594?-1666.; Howell, James, 1594?-1666.	1648 (1648)	Wing H3083; Thomason E464_7; ESTC R5326	6,719	15

THE INSTRVMENTS OF A KING OR A SHORT DISCOVRSE OF The SVVORD The SCEPTER The CROWNE Satis habet Rex ad poenam Quod Deum expectet Ultorem 'T is punishment enough for th' King That God will Him to judgment bring LONDON Printed in the Yeare 1648. The Author's Apology I Am no Lawyer otherwise then what nature hath made me so every man as he is born the child of Reason is a Lawyer and a Logitian also who was the first kind of Lawyer This discoursive faculty of Reason comes with us into the world accompanied with certaine generall notions and principles to distinguish Right from Wrong and Falshood from Truth But touching this following Discourse because it relates something to Law the Authour would not have adventured to have exposed it to the world if besides those common innate notions of Reason and some private Notes of his owne he had not inform'd ascertain'd his judgment by conference with some professed Lawyers and those the Eminentest in the Land touching the truth of what it Treats of therefore he dares humbly aver that it containes nothing but what is consonant to the fundamentall and fixed Constitutions to the knowne clear Lawes of this Kingdome J. ● THE INSTRUMENTS OF A KING IN a Successive hereditary Kingdome as ENGLAND is known and acknowledged to be by all Parties now in opposition There are 3 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 tearmed 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 maintaines them and the two first are but bables without the last 1. Touching the Crowne or royall Diadem of England there is none whether Presbyterian Independent Protestant or others now in action but confesse that it descends by a right hereditary Line though through divers Races and some of them Conquerours upon the Head of CHARLES the first now Regnant 't is His owne by inherent birthright 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 Soveraigne 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 Heretique not an Usurpresse though he knew well enough that She had been declared Illegitimate by the Act of an English Parliament This Imperiall Crowne of England is adorned and deck'd with many faire Flowers which are called royall Prerogatives and they are of such a transcendent nature that they are unforfeitable individuall and untransferable to any other The KING can only summon and dissolve Parliaments The KING can onely Pardon for when He is Crowned He is sworn to rule in mercy as well as in justice The KING can onely Coyn Money and enhance or decry the value of it The power of electing Officers of State of Justices of Peace and Assise 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 true the Court of Common Pleas must be sedentary in some certain place for such a time but that expired 't is removeable at His pleasure The KING can only employ Ambassadours and Treat with forain States c. These with other royal Prerogatives which I shall touch hereafter are those rare and wholsome flowers wherewith the Crowne of England is embellished nor can they stick anywhere else but in the Crowne and all confesse the Crowne is as much the KING's as any private man's Cap is his own The second regall Instrument is the Scepter which may be called an inseparable companion or a necessary appendix to the Crowne 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 {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} 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 antient custome was for the KING to touch them with His Scepter then they are Lawes and have a virtue 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 stil'd the King's 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 stil'd Lord chief Justice of the King's Bench not Lord chief Justice of England which title is peculiar to the KING Himself and observable it is that whereas He grants Commissions and Parents 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 Now though the King be liable to the Law and is contented to be within their verge because they are chiefly His owne 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 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 Juris dati dictionem or declarationem and herein I meane for the Exposition of the Lawes the twelve Judges 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 Junta 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 Robbe 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