Selected quad for the lemma: power_n
Text snippets containing the quad
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A82212
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A declaration of the povver of the Lords and Commons assembled in Parliament clearing their authority to judge delinquents for high-treason, and other high misdemeanors. With a full ansvver to all Judge Jenkins his arguments.
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1648
(1648)
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Wing D738; Thomason E429_6; ESTC R204222
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4,822
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8
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any Man of an obdurate judgement would have denied that there was Anima Rationalis then Aristotle must prove there is Homo and Anima Rationalis will be drawne in by consequence Prove Homo prove a Parliament and Anima Rationalis which is Judicature will be drawne in by consequence besides I am protected by the Verse Judicis officium est ut res ita tempore rerum Quaerere Next I must offer that which the Law hath a tender respect unto even the ends of Parliament Exitus acta probat These I finde thus to be capitulated by Sir Edward Coke Primo ad subditos a delinquendo declinandos hoc est ut delicta tam bonis cautisque legibus tam debita carundam executione anticiparentur now if debita executio legum can be in Parliament inflicted upon delinquentes subditos without legall proceedings and triall except they will say nothing and so be prest to death I leave it to be argued amongst punies 2. Vt tuta tranquillaque sit vita hominum but certainly the life of man in not preserved by the impunity of offendors which must passe sublata judicatura 3. Vt fixis quibusdam sanctionibus sanciisque judiciis jus unicuique fierit but whether jus implies not punishing malefactors as well as relieving the oppressed Crudelitas parcens being more destructive to the Commonweal then Crudelitas puniens I leave it to be argued among children Fleta saith a Parliament is called Terminare dubitationes judiciorum novis injuriis emersis nova constituere remedia unicuique prout meruerit justitiam retribuere Treason and Murther is injuria Death and the losse of the offenders goods is remedium the end of a Parliament is to apply this remedy Then our Parliament must have a short cut in triall We must condemne without hearing of any part for why should they heare if they have no power to determine A Parliament then is a structure founded upon the Common laws of England as is manifest in its proceedings upon many trialls according to the course of the Common Laws It is the heir apparent to the Common Law and parent of the Statute Law To make this position passe for touch I will give you the Test of that ancient and learned Author of the book intituled Mirror de les Justicies in his owne words Hoc cum sit forum in hoc regno place supremum pars est structurae jurium municipalium nonnunquam secundum frequentem illum usitatum in lege communi ordinem processus habet Parliaments are the very starres which we must saile by their Presidents the miridian sun we must observe to finde the Latitude of our proceedings by In its Etymologie it is Altissima Curia but how illfavouredly this name becomes it if one Justice of Assize may heare and determine capitall offences and this Altissima Curia not have power of a grand Jury to him to find Billa vera Yet aske this Justice of Assize by what president in this Kingdome he adventures upon this service Aske of the Justice of Peace by what Presidents he takes notice of Presentments Indictments awards the alias the plures Capias and his power must take footing from Parliaments Inquire of the Court of Chancery for its Equity for the power of Writs and Judgements Inquire the power of the Kings Bench for a Wager of battaile in an appeale Inquire of the Courts of Common-pleas for their authority in any of their rules of Court Nay inquire of the petty-Constable by what power he executes his office nay for the carrying of his painted staffe and they will returne but starved and hungry arguments except they fetch it from the Parliament Admit we had no interest in Presidents were it not durus sermo that the long and well settled rites of Parliament should fall to the ground for want of a President which undoubtedly hath power in it selfe to make a President not repugnant to Law Who knows not but in the former darke and Tragicall times that most part of the Rolls and Records of this Kingdome were destroyed by William the Conquerour and that the end of others was the Antitype of the end of the world even a dissolution by fire some layd in horse loads in every corner of the streets for Dung-hilrakers to pick antiquities up and Taylors to make measures of This Epidemicall consumption of our Records was a fatall and dismall injury to this Kingdom in it selfe but it will wound us afresh if our selves and posterity for want of them though no fault in us then unborne should permit Treasons Repines Murthers Disturbers of the Kingdome and Common-weale passe with impunity The first man that ever suffered for Treason if want of a President would excuse him might have begot Traytors to third and fourth generation with impunity My house hath taken fire I call for water to quench it I would suppose him mad that would advise me to let it burne to the ground because my neighbour would not quench his and therefore I want a President We will impute it unto the integrity of those times that have not fostred such unbounded spirits to attempt such crimes as might leave Presidents of this nature It is Justice that those who will renew Presidents of long buried crimes should renew or create Presidents of deserved tryall and punishment I have mustered some few Arguments in vindication of the Judicature of the Parliament in this Kingdome they are valid enough for the intricacie of the question Where tacks will serve what needs ten-penny nayles A good face wants no band A valid Parliament wants no assertions for its Jurisdiction and such is this present Parliament There is nothing now left but that as I have spent some time in scanning a Parliament with Judicature since Contrariae contrariis â—ppâ—sâ—â—a magis elucescunt we may cast a smiling eye upon that pretty silken bug-beare of State a Parliament without Judicature Curia altissima must be Curia infima Curia magna must be Curia minima It will resemble a sword with guilt hilts and a blade made of a larth Whereas then all Courts were derived from it now al Courts may insult upon it The cloth of State no man ought to name without reverence will esteeme it selfe in a deplorable and widowed estate for the death of her only consort JVDICATVRE And like the single Turtle mourn whilst the Cushions of the Toulesale prick up their ears Me thinks the Lyons roar the strings of the Harps break and sourd in discord the Flower de luces wither to bee stretched out in a place 〈◊〉 Judicature None sits under that Pavilion that bears the sword in 〈◊〉 â—he high priz'd tincture of the Lords robes begins to fade the Erâ—â—â—s lose their complexion if they lose their Judicature That wel becomming title to a Nation Peerage would hand downe its head blush and curse the influences in its nativity if it should come to such an untimely end Their Speaker may study silence and report that himselfe which they never read nor heard of A Parliament without JVDICATVRE The House of Commons that were hitherto stiles Prudentum Conveâ—â—â—â— may impeach but little wit and the Lords remedy them with as lâ—tâ—le â—ower Call and call Impeach and Impeach and demand Justice frâ—â— the titular Lords that can neither helpe themselves nor them And ministers of the Assembly may sit attendants on the Houses in reâ—â—â—â— of intricate mysteries in Judicature that happen to be discussed before the Tribunall though most venerable in their own sphear like so many Plovers prick'd down for Stales with this Motto Videâ—tâ—r et non sunt The Common-Law speaks our Parliament and its Judicature the Statute Laws confirm it Presidents strengthen in Reason even undeniable reason fortifies it FINIS