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justice_n error_n judgement_n writ_n 2,999 5 10.1124 5 false
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A54696 Ursa major & minor, or, A sober and impartial enquiry into those pretended fears and jealousies of popery and arbitrary power with some things offered to consideration touching His Majestie's league made with the King of France upon occasion of his wars with Holland and the United Provinces : in a letter written to a learned friend. Philipps, Fabian, 1601-1690. 1681 (1681) Wing P2019A; Wing U141_CANCELLED; ESTC R23216 69,552 56

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have any part or profit thereof There shall be no disturbance of free Elections by face of Arms Malice or otherwise By the Statute called Articuli Super Chartas made in the 28 th year of the Reign of the aforesaid King There shall be chosen in every Shire by the Commonalty of the same Shire Three substantial men Knights or other lawful wise and well-disposed Persons who shall be Justices Sworn and Assigned by the Kings Letters Patents under the great Seal to hear and determine where before no remedy was at the Common Law such plaints as shall be made upon all those that do Commit or Offend against any point contained in the great Charter or Charter of the Forrest which were ordained to be proclaimed at four several quarters of the year in full County in every year in every County and to hear the Plaints as well within the Franchises as without and from day to day without allowing any the delays which be allowed by the Common Law and to punish by Imprisonment Ransom or Amercement according to the Trespass No Common Pleas shall be holden in the Exchequer contrary to the form of the great Charter the Marshal of the King's House shall not hold Plea of Free-hold Debt Covenant or Contract made betwixt the King's People but only of Trespasses done within the Verge and Contracts made by one Servant of the house with another The Chancellor and Justices of the King's Bench shall follow the King so that he may at all times have near unto him some that be Learned in the Laws which be able duly to order all such matters as shall come unto the Court at all times when need shall require No Writ that toucheth the Common Law shall go forth under any of the Petit Seals By an Act of Parliament made in the 34 th year of the Reign of the aforesaid King Nothing shall be purveyed to the King without the Owners assent By an Act of Parliament made in the Reign of the said King No Tallage or Aids shall be taken or levyed by the King or his Heirs within the Realm without the good will and assent of the Arch-Bishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land By an Act of Parliament made in the first year of the Reign of King Edward the Third Aids granted to the King shall be taxed after the old manner By an Act of Parliament made in the second year of the Reign of the aforesaid King No Commandment under the King's Seal shall disturb or delay Justice No Bishops Temporalty shall be seized without good Cause Justices of Assize shall in their Sessions enquire of the Demeanour of Sheriffs Escheators Bailiffs and other Officers and punish the Offenders No Person shall be pardoned for an Utlary after Judgment without Agreement with the Plaintiff or Outlawed before Judgment until he do yield his Body to Prison By an Act of Parliament made in the 14 th year of the said King It was assented established and order'd that Delays and Errors in Judgments in other Courts shall be Redressed in Parliament by a Prelate 2 Earls and 2 Barons who by good advice of the Chancellor Treasurer and Justices of the one Bench and the other and of the King's Council as they shall think convenient shall proceed to make a good accord and Judgment And that the Chancellor Treasurer Keeper of the Privy Seal Justices of the one Bench and the other Chancellor and Barons of the Exchequer and Justices assigned and all that shall intermeddle in the said places under them shall by the advice of the said Arch-Bishop Earls and Barons make an Oath well and truly to serve the King and his People and by the advice of the said Prelate Earls and Barons to increase or diminish when need shall be the number of the said Ministers and from time to time when Officers shall be newly put in cause them to be sworn in like manner A Declaration by Act of Parliament made in the 25 th year of the said King's Reign What Offences shall be adjudged Treason and if any other Case supposed Treason not therein specified shall happen before any Justices they shall tarry without going to Judgment of the Person until the Cause be shewed and declared before the King and his Parliament whether it ought to be Judged Treason or other Felony By an Act of Parliament made in the same year No person shall be compelled to make any Loans to the King or charged with any benevolence None shall be Condemned upon Suggestion Imprisoned nor put out of his Free-hold nor his Franchises without Presentment but by the Law of the Land or by Process made by Writ Original at the Common Law nor that none shall be sent out of the Franchise or Free-hold unless he be duly brought to answer and fore-judged by Course of the Law and any thing done to the contrary shall be holden for none By an Act of Parliament made in the 5 th year of the Reign of King Richard the Second None shall enter into Lands where it is not lawful or with force under the pain of Imprisonment and Ransom at the King 's Will. A Penalty is to be inflicted upon a Clerk of the Exchequer which maketh out Process for a Debt discharged By the Statutes of the Fifth and Fifteenth of King Richard the Second where Lands or Tenements are entred and deteined by force the next Justice of the Peace is Impow'red to view the force and by the Power of the Sheriff and County to remove it and Imprison the Offenders and by the Statute of 8 th of H. 6. whether it be entred by force or it be continued and not entred by force may by a Jury impannel'd and their Verdict if the Deteiner hath not been Three years before in quiet possession reseise the said Lands and Tenements and put the party ejected into his former possession A man Impleaded in the Exchequer shall be received by himself or any other to plead his Discharge By an Act of Parliament made in the 12 th year of the aforesaid King The Chancellor Treasurer Keeper of the Privy Seal Steward of the King's House the King's Chamberlain Clerk of the Rolls Justices of the one Bench and the other Barons of the Exchequer and all that shall be called to ordain or make Justices of Peace Sheriffs Escheators Customers Comptrollers or any other Officer or Minister of the King shall be firmly sworn that they shall not make Justices of Peace Sheriffs Escheators Customers Comptroller or any other Officer or Minister of the King for any gift or brocage favour or affection By an Act of Parliament made in the 13 th year of the said King's Reign He that will that Swear he oweth nothing to the King shall be discharged no Bonds or Recognizances shall be taken for the King's Debts By an Act of Parliament made in
Disasters both in Church and State have been great Additions and Kindle Coles which have made not only many that have some Learning and are ex meliori luto better born and bred but the Mechanick and Illiterate part of the People to take themselves to be a kind of State-Menders and to make their small Capacities the rule and measure of their foolish Prognosticks and are as like to hit the white or mark as he that stands without the Doors of an House a mile off it and undertakes of himself without the help or Information of the Inhabitants to know what is every day and night hour or minute thereof done within the House or as some Mountebank Physitian who without the Aid or Sight of the Patient or any Inquiry into the Symptoms Indications or Progress of the Disease should promise a never-failing Cure of his Sickness or Distemper and may as little deserve his Fee as a Lawyer who should adventure to give his Opinion or direct his Client how to proceed in his Action or Suit without any knowledge at all of the Fact So as those State Almanack-makers by such an Extravagant and incertain Ephemeris would do well to be more modest and cautious in their Opinions and not to expose the Honour of their King and Soveraign to the foolish and ill-digested Censures of themselves and others and make themselves the Conduit-Pipes to convey their Follies to the more Ignorant part of the People who although by God's mercy to a causeless murmuring Nation from the Winter to the Spring from the Spring to the Summer from the Summer to the Autumn and from the Seed time to the Harvest when the Valleys sing and the Earth is loaden with the Increase thereof and so all along not for one but many years together they might understand how often they have sinned against the Divine Mercy and Providence by their Complaints of the weather too hot too cold too wet too windy too dry so as scarce one day in every ten of the year can get an universal liking or good word of the ways of God's Providence and should when they have found themselves every year so often and so greatly mistaken be once ashamed and forsake that unquietness of Spirit will not withstanding not only continue those their mis-doings and humours in the Case of God Almighty as a Custom or Privilege belonging to their Farms and Husbandry but in the height of all their Peace without which their Plenty would be blasted so very much traduce scandalize and mislike the Royal Cares of their King and God's Vicegerent and be so unjust and unreasonable in their Complaints and fault findings as though they sit under their own Vines eat the fat of the flock lye down upon their beds of Ivory sing to the Harp rise up to play enjoy a Peace and Plenty to a Surfeit and the Envy of all their Neighbours and may Weekly read and hear of the Miseries and Sufferings of many Neighbour Nations by Wars and Invasions of one another yet they must never be contented but be every day and very often in every day finding fault with the Government As if the Government of the King and the Government of the King of Kings as to the weather were always to be blamed Whilst they ought rather to be so careful of themselves and their Posterities as to abominate those foolish ways of censuring Authority and to take heed that God do not Punish us for our unthankfulness and abusing his so many and all sorts of Mercies under a Prince Who besides all his other Royal Cares and Concessions added unto those of his famous great Ancestors and Predecessors Kings and Queens of this Realm for the Preservation of his Peoples Liberties and Properties did no longer ago than in the 31 th year of his Reign for the better securing of the Liberties of his Subjects in their Persons and prevention of Imprisonments by sending them in Custody to some of the Islands consented unto an Act of Parliament under great Severities Forfeitures and Penalties to be inflicted upon such as should Imprison or Detain any Man after an Habeas Corpus brought as well in the Vacations as Terms And so far extended it as upon the Committing of any Man Prisoner by himself or the Lords of his Privy Council Lord Chamberlain or other great Officers of his Houshold they are allowed to be Bailed by the King's Justices of his Superiour Courts of Justice although when they themselves shall as they do often Commit or Imprison any man by their Delegated and Derivative Power from the King only they are not at all obliged to discharge any such Offenders upon Writs of Habeas Corpus And by that and those multitudes of former Provisions which our Kings and their Laws have made for the good and safety of their People from all the incursions of Arbitrary Power should not forget that there is not so much as an Imaginary fear or danger that any Subject of England can be injured by any Arbitrary Power or otherwise for which a present and sudden Remedy may not be quickly had or provided and that it is now a received Maxim in our Common Law That the King can do no wrong and that id potest quod de Jure potest So that there are very few unless such as would have the King to be as liable which our Laws did always forbid to Coertions Arrests or Punishments as the most ordinary or meanest of his Subjects are or ought to be or can be so ignorant in the course or Proceedings of our Laws but may understand That if he should cause any to beat or do any Injury or Trespass to any of his Subjects the Parties or Agents are by his and our own Laws to be responsible for it And believe that King James who had reason to understand Government and Affairs of State better than such kind of People did not err or say amiss in his Answer in the 19 th year of his Reign to a Petition to the House of Commons in Parliament when he declared unto them That None could have Wisdom to Judge of things of that Nature but such as are duely acquainted with the particulars of Treaties and of the variable and fixed Connexions of the Affairs of State together with the knowledge of the Secret ways ends and intentions of Princes in their several Negotiations otherwise a small mistaking of Matters of that Nature might produce more and worse effects than can be Imagined And remember that if Impossibilities could be possible and every one that foolishly fancies himself to be able could be able to manage or Judge of State Affairs yet we have no Laws that do allow every Man Coblers and Illiterate men not excepted to be a Statesman And that St. Jude reprehending those that despised Dominions and speak evil of Dignities gives us the Original from whence it comes for that they speak evil of those things they know not And