Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	pag_n	part_n	solicitor_n	573	4	18.4968	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87520	The vvorks of that grave and learned lavvyer Iudge Ienkins, prisoner in Newgate. Upon divers statutes, concerning the liberty, and freedome of the subject. With a perfect table thereto annexed.	Jenkins, David, 1582-1663.	1648 (1648)	Wing J574; Thomason E1154_2; ESTC R20801	80,714	206

Session for publishing the Lord Cook his Bookes which Order they may find printed in the last Leafe of the second part of his Institutes in these words viz. Die Mercurii 12. May 1641. VPon Debate this Day in the Commons House of Parliament the said House did then desire held it fit that the heir of Sir Edward Cooke should publish in print the commentary upon Magna Charta the pleas of the Crown and the jurisdiction of Courts according to the intention of the said Sir Edward Cooke and that none but the Heir of the said Sir Edward Cooke or he that shall be authorized by him do presume to publish in print any of the foresaid Bookes or any Copy thereof H. Elsynge Cler. Dom. Com And I do further desire them that they would reade and peruse M. Solicitour Saint-Iohn and M. John Pym their Bookes published likewise this Session Whose Titles are as followeth viz. An Argument of Law concerning the ●ill of Attainder of High Treason of Thomas Earle of Strafford At a Conference in the Committee of both houses of Parliament By M. Saint John his Majesties Solicitor Generall Published by Order of the Commons House London Printed by G. M. for Jo. Bartlet At the Sign of the Guilt Cup neare S. Austins gate in Pauls Church yard 1641. And the Speech or Declaration of Iohn Pym Esquire After the Recapitulation or Summoning up of the charge of High Treason against Thomas Earle of Strafford 12 Aprill 1641. Published by the order of the Commons House London Printed for John Bartlet 1641. 1. Nothing is delivered for Law in my Books but what the H. of Commons have avowed to be Law in Bookes of Law published by their command this Session and agreeable to the Bookes of Law and Statutes of this Realme in all former Times and Ages 2. The supposed offence charged on me is against the two Houses and none ought to be judges and parties by the Law of this Land in their owne case 3. I desire the benefit of Magna Charta the Petition of right other good Lawes of this Land which ordaine that all mens Tryals should be by the established Lawes and not otherwise they are the very words of the petition of Right An Ordinance of both Houses is no Law of the Land 1 Part. col of Ordinances fol 728 2 Pars iust fol 47 48 157 143 4 par instit 23 232 298 4 H 7 18 by their own confession and by the Bookes of the Lord Cooke published by their Order as aforesaid this Session in six several places For Sedition in my Books there is none but such as they have authorised this Session to be published printed To publish the Law is no sedition These Positions following I doe set downe for the Law of the Land in my books and they themselves have justified and avowed them as aforesaid we agree the Law to be and to have been in all times in all the particulars following as here ensueth 3 Part instit pag 12 M Sollicitor Pag. 12 3 part instit pag 9 M Pym p. 28 3 part instit 3 10 12 16 3 part instit pag 9 M Sollicitor p 0 10 136 M Sollicitor pag 9 M Sollicitor pag 9 M Sollicitor pag 23 4 pars 4 inst● p 125 Iustice Huttons argument fol. 39 40 4 part instit 2 part instit articul super chartas cap. 5 1. To imprison the King is high treason 2 To remove Councellours from the King by force is High Treason 3. To alter the establisht Lawes in any part by force is High Treason 4. To usurp the Royall Power is High Treason 5. To alter the Religion establisht is High Treason 6. To raise rumours and give out words to alienate the peoples affections from the King is High Treason 7. To sesse Souldiers upon the people of the Kingdome without their consent is High Treason 8. The execution of paper orders by Souldiers in a military way is high Treason 9 To coanterfeit the great Seale is High Treason 10. The Commission of Array is in force and none other 11. None can make Judges Justices Sheriffes c. but the King The King makes every Court 12. The great Seale belongs to the Kings Custody or to whome he shall appoint and none other 13. 1 part Coll. of Ordin Cook ut● supra 4 part● inst 25. Ordinances of one or both Houses are noe lawes to binde the people 14. No priviledge of Parliament holds for Treason Felony or br●ach of the Peace not for 20. Parliament-men forty nor three hundred 15. M. Solicitor pag. 8.70 M. Solicitor pag. 12.27 M. Solicitor pag. 26. M. Solicitor pag. 35. To subvert the fundamentall lawes is High Treason 16 To levey War against the person of the King is High Treason 17. To perswade Forreiners to levey war within this Kingdome is High Treason 18 To impose unlawfull Taxes to impose new Oathes M. Pym p. 8. is High Treason 19. The King can doe no wrong 20. M. Pym p. ●7 It is a pernitious Doctrine to teach Subjects they may be discharged from the oath of Allegience M. Pym p. 24. Then what means the Doctrin of both Houses of the Votes 11 of Feb. 1647. 21. A necessity of a mans own making doth not excuse him 3. parr inst pag. 9 The requiring forcing of the Militia brought the necessity of arming upon the Houses 22. None can leavy war within this realme without authority from the King for to him only it belongeth to levy war by the common law of the land to doe otherwise is high Treason by the said Common law The only quarrel was is the Militia for which so much blood hath been spent M. Solicitor 70.71 4. part inst pag. 1.3.4 4. pars inst 41.356 and Treasure 23. No Parliament without the King he is Principium caput finis 24. Presentment or tryall by Jury is the bright-right of the Subject There is no doubt but that many in both Houses are free from this great sin and that most of the prevailing party had at first no intentions to proceed so farre but the madnesse of the People who are very vnstable and so they will find them and the successe of their Armies having this great rich City to supply them with all accomodations have so elated them that the evil is come to this height For my selfe to put me to death in this cause is the greatest honour I can possibly receive in this World Dulce decorum est mori pro partia And for a Lawyer and a Judge of the Law to die dum sanctis patria legibus obsequitur for obedience to the Lawes will be deemed by the good men of this Time a sweet smelling sacrifice and by this and future Times that I dyed full of yeares and had an honest and an honourable end And posterity will take knowledge of these Men who put some to death for subverting of the Lawes and others for supporting of them c. Yet mercy is above all the ●orkes of God Bracton l c. 9 p 107 4 pars inst 342 343 Stanford 99 The King is Gods V●car●on earth In Bracton who was a Judge in Henry 3. time you shall ●●nd the Kings oath To shew mercy is part of it You are all his children say and doe what you will you are all his Subjects and He is your King and parent Pro magno peccato paululum supplicii satis est patri and therefore let not the prevailing party be obdurate out of a desperation of safety That which is past is not revocable Take to your thoughts your parents your wives your children your friends your fortunes your countrey wherein Forreigners write there is Mira aeris suavitas rerum omnium abundantia Invite not them hither the only way to be free of their company will be To restore his Majesty and receive from Him an Act of Oblivion a generall pardon Assurance for the Arreares of the Souldiery and meet satisfaction to tender consciences God preserve the King and the Lawes DAVID JENKINS Prisoner in New-gate

viz. Rex vic Wilts Saltem Quia Nos de avisamento assensia consilii nri pro quibus arduis urgentib negotiis nos statune defensionem Regni nri Aug. Eccles Anglie concernentibus quoddam Parliamentum nrum apud B. teneri ordinavimus ibid. cum Prelatis Magnatib proceribus dicti Regni nri Colliquium habere tractatum ●ibl precipimus firmiter injungendo quod facta Proclamatione in prox Comitatu tuo post receptionem ejusd Brevis duos Milites gladiis cinctos c. eligi faceas ad faciendum consentiendum hiis quae tunc ibidem de Comm●●●i Concilio uro 4 pars Inst 241. Angl. foventi Deo contigerit ordinari super Negotiis ante dictis ita quod pro defectu potestatis bujusmodi seu propter improvidam electionem Mileum Civium Burgensium praed dicta negotia ura infect a non remanerent The King is Principium a pars Instit fol. 3. 4 cap●● finis Parliamenti the body makes not the head nor that which is posterior that which is prior consilium non est Preceptum consiliarii non sunt Preceptoris for Counsell to compell a consent hath not been heard of to this time in any age and the House of Commons by the Writ are not called ad co silium the Writs to the twelve Judges Kings Counsell twelve Masters of the Chancery are consilium impensuri and so of the Peeres The Writs for the Comminalty Ad faciendum consentiendum Which shewes what power the representative body hath they have not power to give ●n Oath neither doe they claime it The King at all times The Oath of the Justices 18 of E. 3. among Statutes of that yeare when there is no Parliament and in Parliament is assisted with the advice of the Judges of the Law 12 in number for England at least hath two Sergeants when fewest an Attorney and Solicitour twelve Masters of the Chancery his Councell of State consisting of some great Prelates and other great Personages versed in State affaires when they are fewest to the number of twelve All these persons are alwales of great substance which is not preserved but by the keeping of the Law The Prelates versed in divine Law the other Grandees in affaires of State and managery of Government The Judges Kings Sergeants Attorney Solicitour and Masters of the Chancery versed in the Law and Customes of the Realme All sworne to serve the King and his people justly and truly the King is also sworne to observe the Lawes and the Judges have in their Oath a clause that they shall doe common right to the Kings people according to the established Lawes notwithstanding any command of the King to the contrary under the Great Seale or otherwise the people are safe by the Lawes in force without any new The Law finding the Kings of this Realme assisted with so many great men of Conscience Honour and skill in the rule of Common-wealth knowledge of the Lawes and bound by the high and holy bond of an Oath upon the Evangelists settles among other powers upon the King a power to refuse any Bill agreed upon by both Houses and power to pardon all offences to passe any Grants in his Minority there are many great persons living hold many a thousand pounds a yeare by patents from Edward the sixth passed when he was but ten yeares of age not to be bound to any Law to his prejudice whereby he doth not binde himselfe power of war and peace coyning of Mony making all Officers c. The Law for the reasons aforesaid hath approved these powers to be unquestionable in the King and all Kings have enjoyed them till 3 Nov. 1640. It will be said notwithstanding all this fence about the Lawes the Lawes have been violated and therefore the said powers must not hold the two Houses will remedy this The answer to this is evident There is no time past nor time present nor will there be time to come so long as men manage the Law but the Lawes will be broken more or lesse as appeares by the story of every age All the pretended violations of this time were remedied by Acts to which the King consented before his departure 10. Jan. 1641. being then driven away by Tumults And the Houses for a yeare and almost three Moneths from 3 Nov. 1640. to 10 Jan. 1641. as aforesaid being a yeare and almost three Moneths had time and liberty to question all those persons who are either causes or instruments of the violation of any of the Lawes Examine how both Houses remedied them in former times First touching Religion what hath been done this way Both Houses in Henry the eights time tendred to him a Bill to be passed called commonly the Bill of the six Articles this was conceived by them to be a just and a necessary Bill Had not Henry the eight done well to have refused the passing of this Bill Both Houses tendred a Bill to him to take the reading of the Scriptures from most of the Laity Had not King Henry the eight deserved much praise to reject this Bill In Queene Maries time both Houses exhibited a Bill to her to introduce the Popes power and the Roman Religion had not Queene Mary done well to have refused this Bill Many such instances may be given The two Houses now at westminster I am sure will not deny but the refusall of such Bills have beene just the King being assisted as aforesaid and why not so in these times For the Civill Government what a Rill did both Houses present to Richard the third to make good his Title to the Crowne had it not beene great honour to him to have rejected it What Bills were exhibited to Henry the eight by both Houses for bastardizing of his Daughte● Elizabeth a Queene of renowned memory to settle the Crowne of this Realme for default of Issue of his body upon such persons as he should declare by his Letters Patents or his last Will and many more of the like had not this refusall of passing such Bil's magnified his vertue and rendered him to Posterity in a different Character from what he now hath And by the experience of all times and the consideration of humane frailty this conclusion is manifestly deduced that it is not possible to keep men at all times be they the Houses or the King and his Councell but there will be sometimes some deviation from the Lawes and therefore the constant and certaine powers fixed by the ancient Law must not be made voyd and the Kings Ministers the Lawes doe punish where the Law is transgressed and they onely ought to suffer for the same In this Parliament the Houses exhibited a Bill to take away the suffrages of Bishops in the upper House of Parliament and have sithence agreed there shall be no more Bishops at all might not the King if he had so pleased have answered this Bill with Le