Selected quad for the lemma: act_n
Text snippets containing the quad
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A58262
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Reasons humbly offered to His Majesty for his dispensing with the oath of allegiance as to His Highness the Duke of York, and for his sitting in the Council of Scotland without taking the said oath
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1680
(1680)
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Wing R549; ESTC R6513
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2,260
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5
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REASONS Humbly Offered TO HIS MAJESTY For His Dispensing with the OATH of ALLEGIANCE As to his Highness The Duke of York And for his Sitting in the Council of Scotland Without taking the said OATH LONDON Printed in Year 1680. REASONS Offered to His Majesty for Dispensing with the Oath of Allegiance as to his Highness the Duke of York and for his Sitting in the Council of Scotland without taking the said Oath BEcause First It is certain that many positive Laws are dispensable not only in Cases not intended by the Legislators which is the ordinary Interpretation of Equity but also where the Law is most express this being that Relaxation of Law which many supervenient considerations may plead for and doth in effect as properly and necessarily belong to His Majesties Prerogative and the due Administration of the Government as the power of Execution which sometimes is thereby more advantagiously superseeded Secondly It is from this unquestionable Prerogative of Dispensing that all Respites Remissions special Priviledges Immunities Indulgences Non obstantes and the like do clearly flow These being as obviously given without nay contrary to the precept of Law as they are known every where to be the most peculiar and reserved Marks of Soveranity Thirdly Of these many Laws none known to be more dispensable than such as do only enjoyn an Oath or Subscription for the greater publick security in as much as His Majesty Tanquam hic solus sustinens Personam et Authoritatem Civitatis is the only party and consequently according to the undoubted priviledg of every party in whose favour any Law is conceaved and made hath as absolutly the right of Dispensing as that of Exacting Fourthly The Laws commonly judged Indispensable are such as either are simply Declarative requiring no subsequent Execution or concern the interest of particular parties so as their Contravention may prove a Grievance or Nusance as English Lawyers term it In which case no Dispensation can be validly granted without the said parties consent but so it is that the Act enjoyning the Oath of Allegiance is no such Law as is clear from its Tenor and therefore not Indispensable Fifthly By the Fourth and Seaventh Acts of the Parliament 1661 It is expresly Statuted and Declared and that upon the ground of His Majesties undoubted Prerogative and our ancient Laws establishing the same That all publick Oaths concerning the Government of the Church or Kingdom do depend upon his Majesties special Warrant and approbation Now by all Law and reason in the World the power of approving disproving or dispensing are inseparably connected Sixthly The very Tenor of the Act for taking the Oath of Allegiance Act XI Parliament 1661. obtruded in this case to his Highness offereth a plain solution of the Question in as much as it is His Majesty alone without Concurrence of the States conformable to His Royal Prerogative who therein declares that he will be carefull that such as he shall think fit to call to His Council shall be duly qualified and that they shall give full assurance thereof by their publick Testimony and all the part of the Estates in that Act is meerly to consent for the Peoples Interest whose liberty His Majesty would not impose upon without such a consent that the Oath of Allegiance shall be that publick Testimony So that it is manifest that by that Act His Majesties sole Prerogative of either approving or dispensing with this Oath of Allegiance or any other of that nature is rather established than in the least impeached Seventhly His Highness is not so much as Comprehended or concerned in the very terms of the Act forasmuch as the Act is only made for such as His Majesty shall nominate to be of His Privy Council which clearly imports that the Act was only intended for such as having no other right than his Majesties Call and Nomination to enter in Council might very justly be required to give the foresaid evidence of their Loyalty But as to his Highness whose Royal Blood Birth and Breath do also Nearly and mightily Oblidge Him and assure His perpetual Loyalty It is very evident that to demand of him this Test would not be more derogatory to His Royal dignity than contrary to the very intention of the Act. And thus every where it is observed That Princes of the Blood are exempted from all such Oaths Eighthly This same Act impowers His Majesties Council to require or forbear all other Persons as to the taking of this Oath as they should think fit And shall so much be put in the Councils power and yet His Majesties power to forbear His only Brother Controverted Ninthly All Histories almost tell us that the dispensing with Oaths of this nature hath ever been judged the Prerogative of Princes wherein they have some times gone so far as for the more signal acknowledgment of some particular Persons fidelity to grant them the priviledge of being admitted both Witnesses and Jurours etiam Injurati how much more then ought His Majesties pleasure in the case in hand be received as an absolute determination Tenthly His Majesty by vertue of His Royal Prerogative hath in favour of Nonconformists dispensed with a great many and most positive Acts of Parliament made for Conformity and against Nonconformists With what colour then can His Majesties Prerogative in this case of his Royal Highness every way infinitly more favourable in the least be called in question Neither can it be said that by the same Acts power is given to His Majesty to suspend their Execution in respect that it is evident that His power of suspending is only expressed in two particular Acts and as to the special Pains therein contained but hath no reference to any other Acts and things with which his Majesty hath been pleased to dispense as said is in behalf of that People 2dly It is yet more apparent that the reference made in the said Acts to His Majesty for continuing or discontinuing the same is not done by way of any addition to His Majesties power and Prerogative Royal But clearly on the supposition that as the Execution so the Suspension or Dispensation with all such Acts appertains to His Majesty as an inherent and unquestionable Prerogative of the Crown so that this reference here expressed doth rather import the same to be in every such Act naturally implied Eleventhly It is notoriously known that even Magistrates of Edinburgh have been Connived at by the Council as to these Oaths albeit they be clearly included in the Statute How much less then can His Majesties Prerogative of dispensing therewith be called in question FINIS