Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	offence_n	peace_n	session_n	2,850	5	9.9973	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A13028	An assertion for true and Christian church-policie VVherein certaine politike obiections made against the planting of pastours and elders in every congregation, are sufficientlie aunswered. And wherein also sundrie projectes are set downe, how the discipline by pastors & elders may be planted, without any derogation to the Kings royal prerogatiue, any indignitie to the three estates in Parleament, or any greater alteration of the laudable lawes, statutes, or customes of the realme, then may well be made without damage to the people.	Stoughton, William, fl. 1584.; Knollys, Francis, Sir, d. 1643.	1604 (1604)	STC 23318; ESTC S117843	177,506	448

represse Puritanes in one Parish then Maister D. Stanhope alone to represse all in a Diocesse in Holborne and that hee had chosen Maister Harsnet to bee his Curat and withall that Mai. Dodge Ma. Merbury Maister Flower and Maister Brisket all cheefe attendants on his late great Lord and Maister were inhabitants within the same Parish that the chiefe men of the same Parish had chosen those to be assistants to him and to his Curat for the inquisition of the demeanours of all the Puritanes and Precisians within his Parish let this I say bee supposed would not hee and they trow wee thinke it a high scorne and an indignitie to be offered vnto their Maisterships in case it should bee insinuated that Maister Doctor Stanhope were better able with one litle blast of breath vpon a peece of paper to blow away all Puritanisme out of the Citie and Diocesse of London then these great Chaplins and discrete gentlemen with their thundrings and with their lightnings were able to fright the same out of one poore Parish in Holborn And againe to make this matter yet a litle more familiar to the minde of the Reader let vs suppose againe that thundering Mai. Merburie now Lecturer in in the church of Saint Mary O●eris were Pastor of the same church had to be his assistants in the Ministery but simple M. Buttertō that they two for the Elders of the same Church to be chosen by the Parish had such and such and such and such men louers of all honestie and godlines and enemies vnto all dishonestie and vngodlines could not these learned and graue Ministers with the assistants of such wise godly Borough-maisters be as well able to reforme Papists Atheists swearers prophaners of the Sabaoth Drunkerds adulterers and such like within the Borough of Southwark as is Maister Doctor Ridley to bring to any good amendement of life all such kind of persons within the whole Diocesse of Winchester If the examination and iudgement of all theeueries pickeries burglaries robberies murders and such like were committed to Maister Doctor Ridley alone for the Diocesse of Winchester and to Maister D. Stanhope alone for the Diocesse of London were it not like that for one such malefactor as there is now we should shorthly haue an hundred And therefore to hold vs still to the point in question it is very plaine and euident that this manner of spirituall Iustice mentioned to be executed by the Pastors and Elders is more correspondent to the administration of civill Iustice in the common weale then is that manner of the execution of spirituall Iustice by Doctor Stanhope or Doctor Ridley by the Bishop of Londō or by the Bishoppe of Winchester For to begin with our meanest and basest Courts let thē shew vnto vs any Court Leete Law-days or Sherifs turnes within Matters in Leets and Lawdayes not ouerruled by one alone any Countie Citie Towne Borough Village or Hamblet within the Realme wherin matters of civil Iustice are heard examined and adiudged by one man alone If for the common benefit of the Tenants against incrochmēts ouerlaying of cōmons wast nuisances or such like any payne is to bee offered or presentment made the same is not set or made by the Steward Sherif or other Officer alone but by the commō voice and consent of all the homagers and suitors to the Court The Steward indeed is the director and moderator of the Court the giuer of the charge and the mouth of the whole assembly to pronounce and enact the whole worke of their meeting but he is not the only inquisitor the presentor the informer or the Iudge to dispose all things according to his owne discretion Besides matters of the Kings peace are not committed in any Countie or other place within the Realme only to one Iustice of the peace alone For neither at the generall Breaches of the Kinges peace not punishable by one alon Sessions of the peace nor at any other lesse publike meetings any person for any offence whereof he standeth indighted or for which he is punishable can be fined amerced or bodily punished at the discretion of one Iustice alone but by the greatest part of the Iustices assembled his penaltie is to be imposed vpō him Furthermore this manner of the examination of the fact and declaration of the law for the triall of the fact and iudgement of the lawe doth not reside in the brest of one Iuror or Iudge alone In the Courte of the Kings Bench if a prisoner bee brought to the Barre and confesse not the crime Iustice in anie of the B. Courts is not executed by one Iudge alone by the Iustice of that Court hee can receaue no iudgement vnlesse he be first indicted by inquisition of 12. grand Iurors at the least and afterward againe be tried by other 12. brought iudicially into the Court face to face Yea in this Court neither the interpretation of the common law nor the exposition of any statute dependeth vpō the opinion credite or authoritie of one Iudge no not of the Kinges chiefe Iustice him selfe alone for his other three brethren and Co-juges varying from him in point of law may lawfully over-rule the Court. The same maner of iudgement for the law is in vse and is practized by the Iudges in the Court of common Pleas and by the Barons of the Exchecquer in the Latin Courte of the Exchecquer And not onely in these Courtes of lawe and In the Courts of Equitie are many assistances Iustice but also in all the Kings Courtes of equitie cōscience it is not to be sene that any one person alone hath any absolute power without assistants finally to order iudge and decree any cause apperteining to the iurisdiction of those Courtes In the Courte of Requestes there are not fewer then two Court of Requests yea some times three or fower with Maister of Requestes in commission to heare and determine matters of equitie in that Court. In the Courte of Wardes and liveries there sitteth not onely the Court of Wards Maister of the Wardes but also the Kinges Attorney the Receaver and other Officers of the same Courte In Court of the chequer Chamber the Courte of the Checquer-chamber with the Lord Thresorer who is chiefe and President of that Councell yet with him as assistants doe sit the Chancelor of the Exchequer the Lord chiefe Baron and the other Barons Whatsoever decree finall is made in the Kinges High courte of Chancerie high Courte of Chancerie the same is decreed not by the Lorde Chancelour alone but by the Lord Chancelour and the high Court of Chancerie wherein the Maister of the Roles and the twelfe Maisters of the Chancerie as coadiutors doe sitt and giue assistance In the most honorable Court of Starre-chāber the Court of Starre-chāber 3. H. 7. c. 1. 21. H. 8. c. 20. Lord Chancelor the Lord Thresaurer and the President of the Kings most

if it may please him so to provide by Parleament may giue remedie vnto complaynants by writts out of the Chancerie and that complaints in such cases may effectuallie be redressed vpon such writts in the Kings Courts And if also sundrie matters of Tythes Testaments and Mariages be alreadie handled in the Kinges Courts if these things I say be so and so may be then with litle reason did the Admonitor warne vs that a verie great alteration of the common law must follow and that it will be no small matter to applie these things to the temporall law But the antecedent is true as hath bene alreadie shewed Therefore the consequent is true Admonition Iudgementes also of adulterie slaūder c. are in these mens iudgmentes Pag. 78. mere temporall and therefore to be dealt in by the temporall Magistrate onely Assertion We are in deed of this iudgemēt that in regard of the Kinges Royall Office these iudgements of adultrie and other criminall causes comprised within this clause c. ought no more to be exempted from the Kings temporall Courtes then matters of theft murther treason and such like ought to be And for the mayntenance of our iudgementes wee affirme that there is no crime or offēce of what nature or qualitie soever respecting any commaundement conteyned within either of the two tables of the holie law of God if the same bee nowe corrigible by spirituall power but that some fault and contempt one or other of the like nature and qualitie as comprised vnder the same commandement hath bene evermore and is now punishable by the Kings Regall and temporal iurisdiction For adulterie as the same is to be censured by penance in the Ecclesiasticall Courtes so is ravishment also buggerie sodomie to be punished in the Kings Court by payne of death And as hath bene accustomed that Ordinaries by cēsures of the Church may correct fornicators so fornication also as in some bookes written of the common lawe is reported hath bene in times passed presented and punished in leetes and Law-dayes in divers places of the Realme by the name of Letherwhyte whiche is as the booke saieth an auncient Saxon terme And the Lord of the Leete where it hath bene presented hath euer had a fyne for the same offence By the statute of those that be borne beyond the Seas 25. Ed 3. it appeareth that the Kinge hath cognizance of fome bastardie And nowe in most cases of bastardie if not in all by the statute of Eliza. the reputed father of a bastard borne is lyable to bee punished at the discretion of the Iustices of peace Touching periurie if a man loose his action by a false verdict in plea of land Periurie if punishable temporallie in some cases why not in all he shall haue an attaynt in the Kinges Court to punish the periurie and to reforme the falsitie And by divers statutes it appeareth that the Kings tēporall Officers may punish periurie committed in the Kings tēporal Courtes And though it be true that such periurie as hath risen vpon causes reputed spirituall haue bene in times past punished onlie by ecclesiasticall power and censures of the Church yet herevpon it followeth not that the periurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civillie punished By a statute of Westminster 25. Ed. 3. it was accorded that the King his Vsurie heyres shall have the cognizance of the vsurers dead and that the Ordinaries haue cognizance of vsurers on lyfe to make compulsion by censures of the Church for sinne and to make restitution of the vsuries taken against the lawes of holy church And by another statute it is provided that vsuries shall 20. H. 3. c. 5. not turne against any being within age after the time of the death of his Auncestoure vntill his full age But the vsurie with the principall debt which was before the death of his Auncestor did remayne and turne against the heyre And because all vsurie being forbidden by the law of God is sinne detestable 13. Eliz. c. 8. it was enacted that all vsurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that everie such offendor shal also be punished corrected according to the Eccle. lawes before that tyme made against vsurie By al which statutes it seemeth that the cognizance reformatiō of vsurie by the lawes of the Realm partayneth onlie to the Kinge vnles the King by his lawe permit the Church to correct the same by the censures of the church as a sinne committed against the holy law of God Touching heresies and schismes albeit the Bishoppes by their Episcopall Heresies schismes are punishable by the Kings lawes and ordinarie spirituall power groūded vpon canon lawe or an evill custome have vsed by definitive sentēce pronoūced in their Consistories to condemne men for heretickes and schismatickes and afterward being condemned to deliver them to the seculer power to suffer the paynes of death as though the King being custos vtriusque tabulae had not power by his Kinglie office to enquire of heresie to condemne an hereticke to put him to death vnlesse he were first condemned delivered into his hands by their spirituall power although this hath bene I say the vse in England yet by the statutes of Richard the second Henrie the fift it was lawfull for the Kings Iudges and Iustices to enquire of heresies and Lollardes in Leetes Sherifes turnes and in Lawdayes and also in Sessions of the peace Yea the King by the common law of the Realme revived 25. H. 5. c. 14. by an Act of Parleament which before by the Statute of Henrie the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of Englande the Kinge by the lawes of the Realme and by his Supreame Soveraigne power with his Parleament may correct redresse and reforme all such defaultes and enormities Yea further the King and his Parleament with consent of the Cleargie in their Convocation 1. Eliz. ca. 〈◊〉 hath power to determine what is heresie and what is not heresie If then it might please the King to haue it enacted by Parleament that they which opiniativelie and obstinatelie hold defende 1 Eliz 〈◊〉 1. and publish any opinions which according to an Act of Parleament alreadie made haue bene or may bee ordered or adiudged to be heresies should be heretickes and felons and their heresies If it please the Kinge heretickes may bee adiudged felons and here●ies felonies to be felonies and that the same heretickes and felons for the same their heresies and felonies beeing araigned convicted and adiudged by the course of the common law as other felons are should for the same their heresies felonies suffer the paynes of death

nominate and elect their new Mayor Sherifes and Baylifes But that the Aldermen principall Townsmen Boroughmaisters and men having borne chief offices in those Cities Townes Boroughes haue easilie bene wrought by ambitious persons to giue their consents vnto vnworthie men though it haue pleased the Ll. Bb. with seene and allowed to haue spred and published this saying yet that the same saying is wholy vnworthie of anie credite to be giuen vnto it or to bee regarded of any wise and indifferent man let the sober peaceable elections made of the worthies of the lande hereafter mencioned be witnesses And to leaue to speake of the election of the Lord The officers in Cities Townes corporate chosen without contentiō ambitious working of vnworthy men Mayor of the Citie of London Sherifes Aldermen Wardens of companies Chāberlaynes Bridge-maisters and other annuall officers of honor and dignitie let vs consider whether the Citizens of London haue bene wrought by ambitious persons to choose Maister Wilbraham Maister Onslie Mr Bromly to bee their Recorders all three afterwarde the Queenes sollicitors and Maister Bromly Lord Chancelour of Englande and let vs consider whether the same Citizens as men of affection and want of ●ight iudgement did elect to be Recorders of the same Citie Mai. Serieant Fleetwood Maister Serieant Fleming Maister Serieant Drue and now Maister Crooke a mā wise learned and religious a Coūseler and Iusticer within the Principalitie of Wales The Recorder of the Towne of Bedford is the right honorable the lord St Iohns of Bletsoe The Recorder of Bristoll was a long time Maister Poppam now Lord chief Iustice of England The Recorder of Northampton before he came to be Iudge in the Kings bench was Maister Serieant Yelverton a favourer of the trueth an vpright Iusticer The Recorder of Warwicke was Maister Serieant Puckering afterward Lord Keeper of the great seale And of the same Towne the Recorder now is a worthie Knight descended from a noble house Sir Foulke Grevile The Recorder of Covētrie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was Mai. Serieant Lewkner now chief Iustice in the principalitie of Wales The Recorder of Norwich was Maister Cooke the Kings Atturney generall And who soeuer shall enquire after the names after the maner of election of all the Recorders in all other Cities Boroughes of the land I doubt not but he shall find them all to haue bene farre frō any least shew of ambitious working the Citiezens and Townsmen to nominate and elect thē Moreover as these Noble persons these sage graue learned and christian Gentlemen quietlie and in all peaceable manner with vpright and good affectiō and iudgement without ambitiō haue bene chosen by the Citizens Townsmen Borough-masters to the offices of Recordershippes So likewise manie sundrie honorable Coūselors Honorable Counselors chosen high stewardes without ambitious working haue bene and as occasion is ministred are daily elected by Citizens Townsmen to be their high Stewards Sir Frācis Knolles an honorable Counsailour one whose faith was famous among the churches as well abroad as at home by the electiō of the Citizens of Oxford remayned vntill he died high Stewarde of the Citie of Oxford The right honorable Sir Francis Walsingam by the cōmon Counsayle of Ipswich was made high Steward of the same Towne after whose decease the same cōmon coūsell by their electiō surrogated into the same place the right honorable the L. Hunsdon late L. Chamberlaine the right honorable Sir Christopher Hattō L. Chancelour of Englande by the Townsmen of Cābridg was chosen to be high steward for the town of Cābridge The right honorable the old Earle of Arundell after him the right honorable Earle of Lincolne and after his death the right honorable the Lord High Admirall of England now Earle of Notingham by the Borough-maisters of the Towne of Gildforde was elected to be high steward of the Towne of Gildeford Of all which honorable persons and of all other their Peeres chosen in other places of the Kingdome by the same meanes to the like offices there is great reason iust cause for the reverend Bb. to cary a more reverend estimation towards thē then to burthen them as ambitious persons to haue sought their places at the hands of men affected wanting right iudgment As for any other offices of credite dignitie charge and gouerment in the common weale now remayning in the choyse of the commons it may easilie be proved that the common people in sundrie places haue bent and opposed thē selues against ambitious persons who by sinister indirect meanes haue hunted for preferrement at their handes And what if it can not be gayne-said but that some publicke officers chosen by publicke applause of the people haue corruptly behaued themselues in their charges and haue not so equally and indifferently distributed iustice to all degrees as it became them yet this their misdemeanor can no more iustly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election then the hipocrisie or counterfeyt zeale of an euill man ordeyned by the Bishop to be a Minister can be imputed vnto his letters of orders or manner of ordination Besides if none bee able to proue that the choyse of the Knights Knights of the Shires other officers chosen by the people without trouble to the state of our Shires Coroners of the Counties Verderers of the Kings forrests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Iustices of peace at their quarter sessions that the choyse of our peti-Conestables third Boroughes Tything men Church wardens Wardens for the high wayes overseers for the poore side men such like remayning altogether in the free election of the sutors to courts leets and law dayes and of the inhabitants Parishioners of every Village Hamlet or Tything haue bene troublesome to the Lievetenants of the Shires to the Stewards of our Courts to the Lords of our liberties nor to the Ordinaries of the Diocesses If I say there be not any one man able to bring foorth some few persons for many yeres passed by whom the Officers and Magistrates of the Queenes peace haue bene sued vnto and importuned for the pacification of any strife contention or debate of any busy head or ambitious person raysed among the people about the choise of any one of these Officers then I say it is meete and it importeth the Lords Bishops very deepely that for ever hereafter they bee silent and never any more vtter so vile a slander against so Noble a people as are the people of England viz. that vpon affection and want of right iudgment they will easily be led by ambitious persons to preferre vnworthy persons vnto all Offices of gayne or dignitie Or that

in the same Sea for anie other profitable vse or purpose then onely for wearing of a whyte rochet walking with a pastorall staffe keeping seuen yeares Sabboth from preachinge in his parishe Church of Fulham consecrating of Chappels hallowinge of Fontes Christening as they call it of Belles whyting of Walles painting of Tombes garnishing of Sepulchres preserving of superstitious Monumentes in glasse Windowes repayring and gylding rotten and outworne Crosses confirming Leases of Benefices with cure of soules vpon small rentes improprying Churches or such like For if the great thinges of his Episcopall power may bee transferred eyther by expresse or by secret consent eyther by commission or custome and that as well to an inferiour as to a superiour as well to a Suffragane a Deane an Archdeacon and a Prebendarie as to an Archb. then it seemeth reasonable that the smaler things before spoken of may well bee performed without anie Lordly authoritie When I had thus finished according to our line that whiche I firste vndertooke against the Admonitors pretensed dangerous alterations innovations and inconveniences was also purposed to haue added that which in myne opinion seemeth to prove that whiche the Admonitor by his opinion denyeth viz that the externall goverment of the Church should alwayes and in all places bee one when I saye I had thus purposed by reason of some other present and for the time more necessarie occasion I was drivē to alter my mind and to shewe the same in a place somewhat more convenient And yet in the meane whyle it shall not be amisse but a thing verie necessarie in this place so to cleare the state of the question betweene the Admonitor and mee as the same beeing rightlie before hande vnderstoode there might no preiudicate opinion bee conceaved against the trueth The Admonitor against the not having of one forme of externall policie in all ages and states of the Church of Christ alleadgeth that in Denmarke they haue Bishoppes both in name and in office that in Saxony they haue Archbishoppes and Bishoppes in office but not in name that in Tigure they haue no Senate of Elders nor the discipline by excommunication which they more mislike that in Geneua in Scotland in other places they haue a gouernment not much vnlike that platforme which is desired to be amōg vs that in Saxonie Basill they kneele at the Lordes Supper all Tigure they sitt it is brought vnto thē that in other places they go and receyue it for the more expedition as they passe And that he doubteth not but that the learned men whom God sent to instruct those churches in which the Gospell in those dayes was first receyued haue bin directed by the spirit of God to reteyne this libertie that in externall gouernment and other outward orders they might choose such as they thought in wisedom and godlines to bee most convenient for the state of their countrey and disposition of the people Vnto all which we answere briefelie viz. that Bishoppes both in name and in office beeing of diuine institution ought aswell to bee in the Church of England as of Denmark that it is an errour by their leaue in the Church of Saxony not to haue Archb. and Bb. in name if so be they hold it lawful to haue Archb. and Bishops in office For what should a necessarie officer doe without a conuenient name And touching the Church of Tigure it is not materiall what the same church doth thinke not tolerable or doth more mislike but what shee ought not to mislike or what it ought not to think tollerable And thē what a poore proofe is there here made trowe we for the confirmation of the corruptions in the Church of England by producing for two witnesses two erroures in the Church of Tigure For not to like a Senate of Elders and more to mislike excommunication is more and more to slide out of the right way And sithence we haue the whole christian Kingdome of Scotland the most famous and renowmed Church of Geneua and sundrie Churches by his confession in other places to be lights vnto vs and to agree with vs in a gouerment not much vnlike to that which we desire wee haue not only great cause to reioyce in this our desires but also to be much comforted and encouraged by these examples by all holie meanes to labour the full accomplishment thereof For by this testimony by these instances giuen produced by him selfe the Admonitor hath quite and cleane weakened and disabled his owne generall position opinion and thoughts of the vnnecessaries and inconvenientnes of hauing the Apostolicall and primitiue gouernment in the time of peace vnder a Christian Magistrate For hath not the free Kingdome of Scotland the free Citie of Geneva and other Soueraigne and free Princes Potentates and Powers not being vnder Tyrantes and persecution receaved the same as being the best the fittest the convenientest most necessarie gouerment yea even in the time of peace and vnder their christian Magistracie for the state of their countrey and disposition of their people And as touching rites ceremonies we affirme not that every rite ceremonie or circumstance to be vsed in the externall execution of church goverment is preciselie sett down in the holy Scriptures but touching the substance of goverment thus we say and thus we hold viz. that the Officers and Governours appointed by our Saviour Christ to bee over the Churches in everie Countrey observing the generall rules of decencie comelines and edification haue libertie with the consent of their Christian King or other supreame Magistrate to choose what rites ceremonies they in wisedome and godlines shall thinke most convenient And therefore wee graunt that the officers of Christ in the vse and dispensation of their functions are no more exactlie tyed by any direct commandement in the holy Scriptures to vse at all times and in all places one only maner of rites ceremonies then were the Priests of the law to vse all one maner of kniues to kill their sacrifices or the singers to sing all songes after one maner of tune or vpon one kind of instrument or then are Kinges Princes in all Countreys commanded to vse all kind of circumstances in the outward execution of civill iustice in their common weales As then as it was lawful for the Priests to haue kniues and trumpets of divers fashions and for the Levites to haue their Musicall instrumentes of divers formes Nay as sundrie Iustices of peace in sundrie Shires of the Kingdome are not bound to keepe their quarter sessions all in one day to begin to breake their sessions at one instant to stande to sit to walke when soever they speake to weare all one fashion hates cappes cloakes or gownes and such like so likewise is it with the Bishops Pastoures and Elders of the church In the ministration of Baptisme there is no direct cōmandment that the vessel to hold the water for the