Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	prerogative_n	4,603	5	10.2111	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A46343	The judgment and doctrine of the Church of England concerning one special branch of the King's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in God, the lords Arch-Bishops Bancroft, Laud and Usher, the right reverend fathers in God, the lords Bishops Sanderson and Cartwright, the reverend doctors, Sir Thomas Ridley L.L.D., Dr. Hevlin, Dr. Barrow, Dr. Sherlock master of the temple, Dr. Hicks, Dr. Nalson and Dr. Puller ; and by the anonymus, author of The harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of Oxford, to his friend at London.	Gentleman of Oxford.	1687 (1687)	Wing J1172; ESTC R1415	16,661	48

might conduce to the good of Church and State the care of which is incombent on him because the Prince is bound to use his Power and Authority to promote Gods Service the best way of doing which may be by framing Orders conducible thereunto And in another place he declares that it is a Priviledge of Soveraigns to grant Priviledges Exemptions Dispensations Thus sayes the Reverend Dr Sherlock Master of the Temple in a positive manner it does not become any man who can think three Consequences off to talk of the Authority of Laws in derogation to that Authority of the Soveraign Power The Soveraign Power made the Laws and can repeal them and dispence with them and make new Laws the only Power and Authority of the Laws is in the Power which can make and execute Laws Soveraign Power is inseperable from the Person of a Soveraign Prince I shall in the next place give you the words of the Ingenious and most painful Searcher into Truths John Nalson Dr. of Laws whose indefatigable Industry hath sufficiently appeared in those Volumes of Historical Collections he lived to see published to the World his words are These In the Kings Power it is to remit the Severities of the Penal Laws whereby he may manifest his Goodness and Clemency as well as his Greatness and Justice by graciously pardoning the Smaller Breaches of his Laws and the more Capital Offences which he might most justly punnish And who in the World can dispute this When as Dr. Hick's in his Jovian tells us for certain that upon whomsoever God is understood to bestow the Soveraign Authority he must also be understood to bestow upon him all the Jura Majestatis or essential Rights of Soveraignty according to that Maxime Qui dat esse dat et omnia pertinentia ad esse He that gives the Essence gives also the Properties belonging to the Essence And doth not all mankind consent in this that the King is the fountain of mercy as well as of Justice Surely then the Penal Laws especially those made meerly for diversity of Opinions in Religion which not to call them unchristian since our Saviour never offered any external force and Compulsion to make men obey his Laws as the Learned master of the Temple assures us but however are in themselves by experience proved very unreasonable ought at least to be Subject to the Goodness and Mercy of the Prince to dispence with them when He in his Wisdom shall judge it most necessary for the Good of his People in generall For as the Aegyptian Hieroglyphick for Government was an Eye in a Scepter So the chief Magistrate is like a watchman upon a Tower who is to look down and view the general state of his People and to conduct himself accordingly The Reverend Dr Puller in his most extraordinary Book concerning the Moderation os the Church of England saith that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Moderation as it is now generally used is a word borrowed from the Law and is used by the Masters thereof to denote such a gentle and benign temper as disposeth those who have the Administration of the Laws which You see is the Imperial Soveraign who hath the Supream Jurisdiction over all others and Jurisdiction is defined by the Civilians to be Potestatem Juris dicendi a Power of giving Laws to others to remit of their Rigour where either first they press too hard upon particular persons or else secondly to supply the defects of the said Laws where they provide not sufficiently for particular cases in order thereunto squaring their Determination by the natural rules of Justice and goodness rather than by the Letter of the Law. And a little further the same Doctor goes on saying moderation in the Forensick sence wherein we take it is defined by Aristotle to be the Correction of the Laws wherein because of their Vniversality they are deficient From whence as it must be supposed to be confined to those to whom the Administration of the Laws is committed who Alone can have the Power of correcting them So nothing therefore will be further requisite to shew than that it disposeth them where the Laws press too hard upon particular persons to relax the Rigour of them as on the other side where they do not sufficiently provide for them to supply their defect All Laws we know are for the punishment of Evil Doers or for the praise of them that do well but it being impossible so to provide for the punishment of evil doers as not sometimes to bring even the Innocent within the compass of it because what generally considered ought to be lookt upon and censured as evil may yet upon sundry considerations and circumstances have nothing of evil in it or at least be worthy of pardon either the Innocent must suffer together with the nocent which so benign a vertue as that we treat of cannot allow or it must dispose those to whom the Administration of the Laws is committed to remit of their rigour in such particulars and exempt them from the undergoing of it it being in like manner impossible for Laws so to provide for the incouragement of those who deserve well as that sometime such may not be past over or neglected partly because all cases cannot be foreseen by the Law-giver and partly by reason of the shortness of his expressions either some who may deserve incouragement may be excluded from partaking of it which so benign a vertue as we speak of cannot casily permit or it must dispose those to whom the Administration of the Laws is committed to ampliate their favours and to take such within the compass of them Once again Equity and moderation saith He in the next page is the publick honesty of the Laws without which Justice often would be turned into Wormwood it contains the excellent Spirit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the mind and reason of the Law and is the most Sacred and venerable part of it As it is the honour and perfection of the Laws so it is the Sanctuary of such as happen to be oppressed by the Rigour of the Letter I will now Sir trouble you with but one instance more upon this Subject though I could multiply I am confident Authorities of this kind even beyond your patience and that is of One that will needs be Anonymus and therefore so he shall pass for me but his words are These It is the Prerogative of the King to dispence with many Acts of Parliament by a * Non-obstante or clause of notwithstanding especially such as bind him from any Prerogative that is solely and inseparably annexed to his Sacred Person and Royal Power And even to the Asterick * There is this marginal Note viz. 44. Eliz. in the house of Commons Sir George Moor said We know the Power of her Majesty cannot be restrained by any Act. Why therefore should we thus talk admit we should make the statute

THE JUDGMENT and DOCTRINE Of the Clergy of the Church of England CONCERNING One special Branch of the King's Prerogative Viz. In dispencing with the Penall Laws Asserted by The most Reverend Fathers in God The Lords Arch-Bishops Bancroft Laud and Vsher The Right Reverend Fathers in God The Lords Bishops Sanderson and Cartwright The Reverend Doctors Sir Thomas Ridley L. L. D. Dr Heylin Dr Barrow Dr Sherlock Master of the Temple Dr Hicks Dr Nalson and Dr Puller And by the ANONYMVS Author of the Harmony of Divinity and Law. Together with the Concurring Resolutions of our Reverend Judges as most Consonant and Agreeable thereunto In a Letter from a Gentleman of Oxford to his Friend at London Licenced the 2d of May 1687. Upon whomsoever God is understood to bestow the Soveraign Authority he must also be understood to bestow upon him all the Jura Majestatis or Essential Rights of Soveraignty according to that Maxim Qui dat esse dat omnia pertinentia ad esse He that gives the Essence gives also the Properties belonging to the Essence Jovian or an Answer to Julian the Apostate chap. 11. London Printed for J. H. and T. S. and are to be had at most Book-sellers in London and Westminster SIR IN one of the late Conferences you were pleased to have with me you seemed to be somewhat disatisfied upon the subject we were discoursing of which was whither the King had by Law such a Supream Power inherent in and inseparably annexed to his Crown as to Dispence with Penal Laws I remember I then told you we could not resolve our selves of this Great Point but by these two wayes 1. To see how far the Judgment of our Church-men appearing in their Doctrines which are for our Edification doth Warrant this Prerogative to be in the King. II. To see how far the Judges Resolutions in declaring their sence of the Law of the Land in this doubtful Question do agree with such their Judgments and Doctrines And as for the First Sir I doubt not but to make it clear past all peradventure that our Reverend Clergy of the Church of England have unanimously concurred in this Point of Doctrine that it doth inseparably belong to the Kingly office to dispence with Penal Laws when ever such a Supremacy of Power shall be thought necessary to be exerted for the safety of the King and the Good and Ease of his People in general And if I can prove this undeniably to You I hope then that this nice Scruple of yours which by the way I suppose you will allow me to call your tender Conscience will easily be removed and consequently then it may be presumed I shall have less difficulty to Satisfie You in the other Point that this sence of the Law of the Land in the point in Question is no other than what is exactly Correspondent with the Judgment and Doctrine of the Clergy of the Church of England To begin then The Reverend Dean of Worcester in his so deservedly applauded Answer to Julian the Apostate declares that the English Realm is a perfect soveraignty or Empire and that the King of England by the Imperial Laws of it is a Compleat Imperial and Independant Soveraign And he quotes Coke in Cawdrye's Case who saith that by the antient Laws of this Realm England is an absolute Empire and Monarchy and that the King is furnished with plenary and Entire Power Prerogative and Jurisdiction and is supream Governour over all persons within this Realm Now it would be a contradiction to call this an Imperial Crown to acknowledge the King for supream over all Persons and that he is furnished with Plenary and entire Power unless He have all Those Rights which are involved in the very Notion of his Imperial Soveraignty By the Rights of Soveraign saith He I understand Those Prerogatives and Preeminences of Power and Greatness which are involved in the Formal Conception of Soveraignty and are inseparably annexed to the Soveraign He hath no sharers or Co-partners in the Soveraignty None Co-ordinate with him in Government no Equal nor Superiour but only God to whom Alone He is subject All Power and Jurisdiction Spiritual and Temporal is derived and deducted from Him as supream Head of These Churches and Realms There are some Essential Rights of the Crown which the Subjects cannot obtain from their Soveraign by any Grant or prescription without destroying the essential and individual Rights of Monarchy These Rights called the Flowers of the Crown are Regalia Suprema or Summa Jura Imperij regno tuendo servientia inherent to his Royal Function and politick Capacity and serve for the strength and support thereof such are the Rights of making War and Peace of having the last Appeal unto him or his Great Council and supream Court and of making Leagues and of Dispensing with Penal Laws granting pardons and such like Now if the King hath a perfection and fulness of Imperial Power in him as Dr Hicks hath clearly made out and This Power of dispensing with Penal Laws be as it must be or nothing one of those Prerogatives and Pre-eminencies of power and Greatness which are involved in the Formal Conception of Soveraignty Then certainly it is very plain that This is an Essential Right inseparably annexed to our Imperial Soveraign and to go about to deprive him of such an inherent Right it would tend to the disinherison of the King and his Crown This Phrase he saith of the disinherison of the King and the Crown in other Acts of Parliament is called The Destruction of the King's Soveraignty his Crown his Regality and things that tend thereunto things that are openly against the King's Crown in Derogation of this Regality And Sir to convince You that the King hath this Perfection and fulness of Power more especially in matters of Religion in his sacred Person you may please to be informed that that Great Metropolitan of All England Arch-bishop Bancroft when Question was made of what matters the Ecclesiastical judges have cognisance either upon the exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High Commission or in any other case in which there is not express Authority in Law declared That the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archbishop said that this was clear in Divinity that such Authority belongs to the King by the word of God in the Scripture So that Eminent Prelate For as it is well observed by that Learned Knight and Doctor in the Civil Law Sir Thomas Ridley His Majesty by communicating his Authority to the Judges to expound his Laws doth not thereby abdicate the same from himself but that he may