Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	lord_n	sir_n	treasurer_n	2,767	5	11.4861	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34709	Cottoni posthuma divers choice pieces of that renowned antiquary, Sir Robert Cotton, Knight and Baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by J.H., Esq.; Selections. 1672	Cotton, Robert, Sir, 1571-1631.; Howell, James, 1594?-1666.	1672 (1672)	Wing C6486; ESTC R2628	147,712	358

Parliament a solemne protestation for himself and the whole Clergie of his Province entered by word the effect whereof was That albeit they might lawfully be present in all Parliaments yet for that in those Parliament matters of treason were to be intreated of whereas by the Canon law they ought not to be present they therefore absented themselves saving their liberties therein otherwise And in the 21. of Richard the 2. for that divers judgements were heretofore undon for that the Clergie were not present the commons prayed the King that the Clergie would appoint some to be their common Proctor with sufficient authority thereunto The Bishops and Clergie therefore being severally examined appointed Sir Thomas Piercy their Proctor to assent as by their Instruments appeareth And the same year upon the devise of Sir Thomas Bussey most of the Bishops and Lords were sworne before the King again upon the Cross of Canterbury to repeal nothing in this year enacted So did sundry the Proctors of the Clergy and most of the Commons by holding up one of their hands affirmed that they the same would do In the judgement of the Duke of Norfolk and Earl of Warwick the same year the name and assent of the Procurator of the Clergy alleadged And in the first of Henry 4. the Bishop of Assaph for Arch-bishop and Bishops the Abbot of Glassenbury for all Religious Persons the Earl of Gloucester for Dukes and Earls the Lord of Barkley for Barons and Barronets Sir Thomas Irpingham Chamberlain for Batchelors and Commons of the South Sir Thomas Gray for Batchelors and Commons of the North Sir William Thirming and John Mekham Justices for the whole Estates came to the Tower to King Richard to whom Sir William Thirming for and in the name of them all pronounced the sentence of deposition and the words or resignation of homage and loyalty And when it was enacted anno 6. Henry 6. by the King Lords Temporal and Commons that no man should contract or marry himself to any Queen of England without the special licence and assent of the King on pain to lose all his Goods and Lands The Bishops and all the Clergie to this Bill assented so far as it was not against the Law of God And thus far for answer to the second part The third Reason Ecclesiastical Lawes enacted in Parliament The last which they granted from Presidents Parliaments since the Conquest they infer out of the Phrase and out of the practise The first by these words Rex Wintoniae celebravit magnum Concilium coram Episcopis Comitibus Baronibus mistaking the word as intending a Provincial Synod whereas it was in those dayes equal and usual for their Parliament that French Phrase never having admission in that sence here untill the time of Henry 2. and then but rarely That great assembly being formerly instiled Magnum Consilium and until of late often enjoyed the same name And this is evident out of the words of Benedictus Abbas in the life he wrote of the 2. 2. Henry Circa festum sancti Pauli venit Dominus Rex usque Northampton magnum ibi celebravit Consilium de Statutis Regni sui coram Episcopis Comitibus Baronibus terrae suae per Consilium Militum hominum suorum Here the intent manifesteth the nature of that assembly and the fuller in that the same Author in the same year saith that Richardus Cantuar. Archiepiscopus and Rogerus Eboracensis cum Sufraganeis suis congregatis apud Westmonasterium in Capella Monachorum infirmiorum tenuerunt Consilium or their convocation which had been needless if in their first they might have done their Church-affaires Here might I enter into a large and just discourse as well of the authority as antiquity of their Convocation or Synod Provincial no less antient as Beda mentioneth then in the year 686. when Austin adjutorio Regis c. assembled in Councel the Brittain Bishops from which unto this day there is successive Record of Councels or Convocations less interrupted then of Parliament Practice Now touching our practise to ordain in Parliaments Lawes Ecclesiastical either meer or mixt although it be by Record evident yet must it admit this difference First that it sprung not from our dispute or desire but solely from the Petitions of the Church as usual is in all the Rolls of Parliament receiving their distinct Title from those of the Commons And this they did to adde Seculare Brachium to their former Cannons too weak to reach to corporal punishments as in the fifth of Richard 2. when to suppress the Schismes the Clergy became in Parliament the Petitioners to the Kings Laity where these words of their assistance are excluding the Commons from any Power of advice Habita prius bona matura deliberatione de communi Consilio ipsius Archiepiscopi Suffraganeorum suorum aliorumque Clericorum super quo idem Archiepiscopus supplicavit ut pro debita castigatione illorum qui conclusiones Schismaticas praedicare voluerint animo obstinato dignaremur apponere brachium Regiae potestatis ●idem And this aide was in order in the Conquerors time who by edict commanded that every Marshal Episcope Deo faceret rectum secundum Canones Episcopales leges Which if he doth not after excommunication Fortitudo et Justitia Regis adhibeatur And this even in the Primitive Church was thought convenient because as Saint Ambrose saith for the like intent to the Emperor Valentinian Non tantas vires sermo mecus habiturus est pro Trinitate bellum gerens quantum edictum tuum Hence it is that at this day the King's authority is annexed ever to the Convocation as in the antient Church were the like decrees of Kings as those of Eruigius ratifying the twelfth Councel of Toledo Nemo illiciator vel contemptor vigorem his Institutionibus subtrahat sed generaliter per cunctas Regni nostri provincias hoec Canonum instituta nostrae gloriae temporibus acta et autoritatis debitae fastigia praepollebunt irrevocabili judiciorum exercitie prout constituta sunt in omnibus Regni nostri Provinciis celebres habebuntur Si quis autem haec instituta contemnat contemptor se noverit damnari sententia Id est ut juxta voluntatem nostrae gloriae et excommunicatas à nostro caet●resiliat in super decimam partem facultatis suaefisci partibus sociandam amittat But that the Church-laws ever moved from the Lay-members I take it as far from President as it is besides nhe nature of their Commission The Bishops and Clergy being onely called in the Writ to that service the word being to come in fide delectione ad declarandum Consilium avisamentum ad consentiendum iis quae tunc de avisamento assensu Cleri nostri and not the Commons cotigerit affirmari But if any shall object unto me that many Laws as that of the Supremacy

them aswel of things done out of the Forrest of the King as for other things That it would please our said Lord to command those to be delievered that are so taken by special command against the form of the Charters and Statutes aforesaid The Answer is The King is pleased that if any man find himself greived that he come and make his complaint and right shall be done unto him 37. Edward 3. cap. 18. agreeth in substance when it saith Though that it be contained in the great Charter that no man be taken nor imprisoned nor put out of his Freehold without process of the Law Nevertheless divers People make false Suggestions to the King himself as well for malice or otherwise whereof the King is often grieved and divers of the Realm put in damage against the form of the the said Charter wherefore it is ordained that all they which make suggestions shall be sent with the same suggestions before the Chancellour Treasurer and his grand Council and that they there find Surety to pursue their suggestions and incur the same pain that the other should have had if he were attainted in case that his suggestion be found evil and that then process of the Law be made against them without being taken and imprisoned against the form of the Charter and other Statutes Here the Law of the Land in the grand Charter is explained to be without process of the Law 42. Edward 3. at the request of the Commons by their Petitions put forth in this Parliament to eschew mischief and damage done to divers of his Commons by false Accusers which oftentimes have made their accusation more for revenge and singular benefit than for the profit of the King or of his People which accused persons some have been taken and sometime caused to come before the Kings Council by Writ or otherwise upon grievous pains against the Law It is assented and accorded for the good governance of the Commons that no man be put to answer without presentment before Justices or matter of Record or by due process and Writ original according to the old Law of the Land and if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Error But this is better in the Parliament-Roll where the Petition and Answer which make the Act are set down at large 42. Edward 3. Rot. Parl. n. 12. The Petition Item because that many of the Commons are hurt and destroyed by false Accusers who make their Accusations more for their revenge and particular gaine than for the profit of the King or his People And those that are accused by them some have been taken and others are made to come before the King's Councel by Writ or other Command of the King upon grievous pains contrary to the Law That it would please our Lord the King and his good Council for the just Government of his People to ordain that if hereafter any Accuser purpose any matter for the profit of the King that the matter be sent to the Justices of the one Bench or the other or the Assizes to be enquired and determined according to the Law and if it concern the Accuser or Party that he take his Suit at the Common Law and that no man be put to answer without presentment before Justices or matter of Record or by due process and Original Writ according to the antient Law of the Land and if any thing henceforward be done to the contrary that it be void in Law and held for error Here by due process and Original Writ according to the antient Law of the Land is meant the same thing as per legem terrae in Magna Charta And the abuse was that they were put to answer by the Commandment of the King The King's answer is thus Because that this Article is an Article of the Grand Charter The King will that this be done as the Petition doth demand By this appeareth that per legem terrae in Magna Charta is meant by due process of the Law Thus your Lordships have heard Acts of Parliament in the point But the Statute of Westminster the first cap. 15. is urged to disprove this opinion where it is expresly said that a man is not replevisable who is committed by command of the King Therefore the command of the King without any cause shewed is sufficient to commit a man to Prison And because the strength of the Argument may appear and the answer be better understood I shall read the words of that Statute which are thus And forasmuch as Sheriffs and others which have taken and kept in Prison persons detected of Felony and oftentimes have let out by Replevin such as were not replevisable because they would gaine of the one party and grieve the other And forasmuch as before this time it was not certainly determined what persons were replevisable and what not but onely those that were taken for the death of a man or by commandment of the King or of his Justices or for the Forrest it is provided and by the King commanded that such Prisoners as before were outlawed and they which have abjured the Realm Provers and such as be taken with the manner and those which have broke the Kings Prison Theives openly defamed and known and such as be appealed by Provers so long as the Provers be living if they be not of good name and such as be taken for burning of Houses feloniously done or for false money or for counterfeiting the Kings Seal or Persons excommunicate taken at the request of the Bishop or for manifest offences or for treason touching the King himself shall be in no wise replevisable by the common VVrit or without VVrit But such as be Indicted by Larceny by Inquests taken before Sheriffs or Bayliffs by their Office or of light suspition or for petty Larceny that amonnteth not above the value of 12 d. if they were not guilty of some other Larceny aforetime or guilty of receipt of Felons or of commandment or force or of aid in Felony done or guilty of some other Trespass for which one ought not to lose Life or Member and a man appealed by a Prover after the death of the Prover if he be no common Thief nor defamed shall from henceforth be let out by sufficient Surety whereof the Sheriff will be answerable and that without giving ought of their Goods And if the Sheriff or any other let any go at large by Surety that is not replevisable if he be the Sheriff Constable or any other Bayliff of Fee which hath keeping of Prisons and thereof be attained he shall lose his Fee and Office for ever And if the Under-Sheriff Constable or Bayliff of such as hath Fee for keeping of Prisons do it contrary to the will of his Lord or any other Bayliff being not of Fee they shall have 3. years imprisonment and make a fine at the King's pleasure And if any

great Debts high Engagements and present wants The noise whereof I wish may ever rest inclosed within these Walls For what an incouragement it may be to our Enemies and a disheartning to our Friends I cannot tell The danger of those if any they have been the cause is great and fearful It was no small motive to the Parliament in the time of Henry 3. to banish the Kings half-Brethren for procuring to themselves so large proportion of Crown Lands Gav●ston and Spencer for doing the like for themselves and their followers in Edward the 2. time and the Lady V●ssy for procuring the like for her Brother Beaumont was banished the Court. Michael de la Poole was condemned the 20. of Richard 2. in Parliament amongst other Crimes for procuring Lands and Pensions from the King and having imployed the Subsidies to other ends then the grant intended His Grand-Child William Duke of Suffolk for the like was censured 28. Henry 6. The great Bishop of Winchester 50. Edward 3. was put upon the Kings mercy by Parliament for wasting in time of Peace the Revenues of the Crown and gifts of the People to the yearly oppression of the Common-VVealth Offences of this Nature were urged to the ruining of the Last Duke of Somerset in Edward 6. time More fearful Examples may be found too frequent in Records Such Improvidence and ill Council led Henry the third into so great a strait as after he had pawned some part of his Forreign Territories broke up his House and sought his Diet at Abbies and Religious houses ingaged not onely his own Iewels but those of the Shrine of Saint Edward at Westminster he was in the end not content but constrained to lay to pawne as some of his Successors after did Magnam Coronam Angliae the Crown of England To draw you out to life the Image of former Kings extremities I will tell you what I found since this Assembly at Oxford written by a Reverend man twice Vice-Chancellour of this place his name was Gascoign a man that saw the Tragedy of De la Poole He tells you that the Revenues of the Crown were so Rent away by ill Councel that the King was inforced to live de Tallagiis Populi That the King was grown in debt quinque centena millia librarum That his great Favourite in treating of a Forrieign Marriage had lost his Master a Forreign Dutchie That to work his ends he had caused the King to adjourn the Parliament in Villis remoti partibus Regni where few People propter d●fectum hospitii victualium could attend and by shifting that assembly from place to place to inform I will use the Authors words illos paucos qui remanebunt de Communitate Regin concedere Regi quamvispessima VVhen the Parliament endeavoured by an Act of Resumption the just and frequent way to repair the languishing State of the Crown for all from Henry 3. but one till the 6. of Henrry 8. have used it this great man told the King it was ad dedecus Regis and forced him from it To which the Commons answered although vexati laboribus expensis Quod nunquam concederent taxam Regi until by authority of Parliament r●su●eret actualiter omnia p●rtinentia Coronae Anglioe And that it was magis ad dedecus Regis to leave so many poor men in intolerable VVant to whom the King stood then indebtad Yet nought could all good Councel work until by Parliament that bad great man was banished which was no sooner done but an Act of Resumption followed the inrollment of the Act of his Exilement That was a speeding Article against the Bishop of Winchester and his Brother in the time of Edward 3. that they had ingrossed the person of the King from his other Lords It was not forgotten against Gaveston and the Spencers in Edward 2. time The unhappy Ministers of Richard 2. Henry 6. and Edward 6. felt the weight to their Ruine of the like Errors I hope we shall not complain in Parliament again of such I am glad we have neither just cause or undutiful dispositions to appoint the King a Councel to redress those Errors in Parliament as those of the 42. H. 3. We do not desire as 5. H. 4. or 29. H. 6. the removing from about the King of evil Councellors We do not request a choise by name as 14. E. 3. 3. 5. 11. R. 2. 8. H. 4. or 31. H. 6. nor to swear them in Parliament as 35 E. 1. 9. E. 2. or 5. R. 2. or to line them out their directions of rule as 43. H. 3. and 8. H. 6. or desire that which H. 3. did promise in his 42. year se act●o●nia per assensum Magnatum de Concilio suo electorum sine eor assensu nihil We only in loyal duty offer up our humble desires that since his Majesty hath with advised Judgement elected so wise religious worthy Servants to attend him in that high imployemnt he will be pleased to advise with them together a way of remedy for those disasters in State led in by long security and happy peace and not with young and single Councel A SPEECH Made by Sir ROB. COTTON Knight and Baronet before the Lords of his Majesties most Honourable PRIVYCOVNCEL At the Councel Table being thither called to deliver his Opinion touching The ALTERATION OF COYNE 2. Sept. Annoque Regni Regis Caroli 2. LONDON Printed in the Year 1672 A SPEECH Touching the ALTERATION OF COYNE My LORDS SInce it hath pleased this Honourable Table to command amongst others my poor Opinion concerning this weighty Proposition of money I must humbly ctave pardon if with that Freedome that becomes my duty to my good and gratious Master and my obedience to your great command I deliver it so up I cannot my good Lords but assuredly conceive that this intended Project of enhauncing the Coyne will trench both into the Honour the Justice and the Profit of my Royal Master very farre All Estates do stand Mag is Famâ quam Vi as Tacitus saith of Rome and Wealth in every Kingdome is one of the Essential marks of their Greatness and that is best expressed in the Measure and Puritie of their Monies Hence was it that so lohg as the Roman Empire a Pattern of best Government held up their Glory and Greatness they ever maintained with little or no charge the Standard of their Coine But after the loose times of Commodus had led in Need by Excess and so that Shift of Changing the Standard the Majesty of that Empire fell by degrees And as Vopiscus saith the steps by which that State descended were visibly known most by the gradual alteration of their Coine And there is no surer Symptome of a Consumption in State then the corruption in money What renown is left to the Posterity of Edward the first in amending the Standard both in purity and weight from that of elder and more barbarous times must stick

and so transported and his Mint thereby set less on work then now 3. Whether the advancing the Silver-coyn in England will not cause a transportation of most of that that is now currant to be minted in the Netherlands and from them brought back again whereby his Majestie 's Mint will fail by the exported benefit 4. Whether the advancing the Silver coyn if it produce the former effects will not cause the Markets to be unfurnished of present coyn to drive the exchange when most of the old will be used in Bullion 5. Whether the higher we raise the Coyn at home we make not thereby our Commodities beyond-sea the cheaper 6. Whether the greatest profit by this enhauncing will not grow to the ill members of the State that have formerly culled the weightiest peeces and sold them to the stranger-Merchants to be transported Certain General Rules collected concerning Money and Bullion out of the late Consultation at Court GOld and Silver have a twofold estimation in the Extrinsick as they are monies they are the Princes measures given to his people and this is a Prerogative of Kings In the Intrinsick they are Commodities valuing each other according to the Plenty or scarcity and so all other Commodities by them And that is the sole power of Trade The measures in a Kingdom ought to be constant It is the Justice and Honour of the King for if they be altered all men at that instant are deceived in their precedent contracts either for Lands or money and the King most of all for no man knoweth then either what he hath or what he oweth This made the Lord Treasurer Burleigh in 73. when some Projectors had set on foot a matter of this nature to tell them that they were worthy to suffer death for attempting to put so great a dishonour on the Queen and detriment and discontent upon the People For to alter this publick measure is to leave all the Markets of the Kingdome unfurnished and what will be the mischief the Proclamations of 5. Edwardi 6. 3. Mariae and 4. Elizabethae will manifest when but a Rumor of the like produced that effect so far that besides the faith of the Princes to the contrary delivered in their Edicts they were inforced to cause the Magistrates in every Shire respectively to constrain the people to furnish the Markets to prevent a mutiny To make this measure then at this time short is to raise all prizes or to turn the money or measure now currant into disise or Bullion for who will depart with any when it is richer by seven in the hundred in the Mass then the new monies and yet of no more value in the Market Hence of necessity it must follow that there will not in a long time be sufficient minted of the new to drive the exchange of the Kingdome and so all Trade at one instant at a stand and in the mean time the Markers unfurnished Which how it may concern the quiet of the State is worthy care And thus far as money is a measure Now as it is a Commodity it is respected and valued by the intrinsick quality And first the one metall to the other All commodities are prized by Plenty or scarsity by dearness or cheapness the one by the other If then we desire our Silver to buy Gold as it late hath done we must let it be the cheaper and less in proportion valued and so contrary for one equivalent proportion in both will bring in neither We see the proof thereof by the unusual quantity of Gold brought lately to the Mint by reason of the price for we rate it above all other Countries and Gold may be bought too dear To furnish then this way the mint with both is altogether impossible And at this time it was apparently proved both by the best Artists and Merchants most acquainted with the Exchange in both the examples of the Mint-masters in the Rex Dollar and Reall of Eight That Silver here is of equal value and Gold above with the forreign parts in the intrinsick and that the fallacy presented to the Lords by the Mint-Masters is only in the nomination or extrinsick quality But if we desire both it is not raising of the value that doth it but the ballasing of Trade for buy we in more then we sell of other Commodities be the money never so high prized we must part with it to make the disproportion even If we sell more then we buy the contrary will follow And this is plain in Spain's necessities For should that King advance to a double rate his Reall of 8. yet needing by reason of the barrenness of his Countrey more of Forreign Wares then he can countervail by Exchange with his own he must part with his money and gaineth no more by enhauncing his Coyn but that he payeth a higher price for the Commodities he buyeth if his work of raising be his own But if we shall make improvement of Gold and Silver being the staple Commodity of his State we then advancing the price of his abase to him our own Commodities To shape this Kingdom to the fashion of the Netherlanders were to frame a Royal Monarch by a Society of Merchants Their Countrey is a continual Fair and so the price of Money must rise and fall to fit their occasions We see this by raising the Exchange at Franckford and other places at the usual times of their Marts The frequent and daily change in the low Countries of their monies is no such injustice to any there as it would be here For being all either Mechanicks or Merchants they can rate accordingly their labours or their wares whether it be coyn or other Merchandise to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongs do so according to the just intrinsick value of their Forreign coyn in all barter of Commodities or exchange except at Usance Which we that are ruled and tyed by the extrinsick measure of monies in all our constant Reckonings add Annual bargains at home cannot do And for us then to raise our coyn at this time to equal their proportions were but to render our selves to a perpetual incertainty for they will raise upon us daily then again which if we of course should follow else receive no profit by this present change we then destroy the Policy Justice Honour and Tranquility of our State at home for ever THE DANGER WHEREIN THIS KINGDOME NOW STANDETH AND THE REMEDY Written by Sir ROB. COTTON Knight and Baronet LONDON Printed in the year 1651. THE DANGER Wherein this Kingdome now standeth and the REMEDIE AS soon as the house of Austria had incorporated it self into the house of Spain and by their new Discoveries gotten to themselves the Wealth of the Indies they began to affect and have ever since pursued a fifth Monarchy The Emperour Charles would first have laid the foundation thereof in Italy