Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	king_n	time_n	2,549	5	3.6924	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43077	A treatise concerning statutes, or acts of Parliament, and the exposition thereof written by Sir Christopher Hatton ...	Hatton, Christopher, Sir, 1540-1591.	1677 (1677)	Wing H1142; ESTC R14799	17,009	104

I do allow the Printing of this Book Jan. 24. 1677. Francis North. A TREATISE Concerning Statutes OR Acts of Parliament And the Exposition thereof WRITTEN By Sir Christopher Hatton Late Lord Chancellour of ENGLAND LONDON Printed for Richard Tonson at his Shop under Grays-Inn Gate next Grays-Inn Lane Anno 1677. Academiae Cantabrigiensis Liber A TABLE of this TREATISE CHAP. I. What a Statute or Act of Parliament is whom it bindeth and when it beginneth to take force 1. WHat an Act of Parliament is p. 2. 2. The Royal Assent is Forma informans interna Statuti p. 3. 3. The Royal Assent bindeth not the King or Queen except they be named but standeth for a Law to bind the Subjects ib. 4. Some Statutes proceed in respect of the benefit from the Prince only some from the Subjects only and some contain benefit reciprocal but the Law conveyeth it ever from the person that hath best right to grant ib. 5. Statutes penned in the name of the King only are not his only Act p. 6. 6. A Doubt of the Statute of Rutland p. 7. 7. Statutes Commence or have Relation to the first day of that Session wherein they are made and all of them are counted simul tempore p. 8. 8. If the Cause Efficient of any offence be pardoned by Parliament the effect is pardoned p. 10. CHAP. II. A Division of Statutes 1. STatutes are General pertaining to all Subjects or particular The benefit of the General all Judges are to yield though the party crave it not But Particular Statutes are not to be taken notice of without Pleading p. 11. 2. Of Statutes some are General in Particularity some Particular in Generality p. 12. 3. All Statutes that concern the King or Queen in their Body Politick are General for they concern all Subjects because every Subject is a mystical Member of the Kings Body Politick ib. 4. Some Statutes are general in Words and particular in Intent some are particular in Words and general in Intent p. 13. 5. In dubio haec legis praesumitur esse sententia quam verba ostendunt p. 18. 6. Ubi manifeste pugnant legis voluntas verba neutrum sequendum est verba quia non congruunt menti mens quia non congruit verbis So it was in the Earl of Leicesters Case and so it hath been in divers Statutes continued by unapt words and so discontinued p. 19. CHAP. III. Another Division of Statutes 1. OF Statutes some be Beneficial and some Penal And because the most are Penal to some though Beneficial to the more part they take their Denomination of the prevalent quality p. 22. 2. Of Statutes some are Constitutive of new Laws and some Declaratory of old some go to the Abridgment and some to the Enlargement of the Law ib. 3. The Laws of England and Reasonable are not always Coincident nor Convertible neither is it otherwise in the Law Civil p. 25. 4. That our Law wanteth much of Perfection for neither the Courts of Law nor of Conscience can end all Causes but some of necessity are left to the conscience of the party p. 26. CHAP. IV. A Division of the Interpretation of Statutes 1. OF Statutes some must be interpreted after their Words and some by Equities p. 28. 2. If all the Parliament were voluntarily assembled again and not by Writ Eorum non esset interpretari statutum dubium 29. CHAP. V. Of Interpretations of Statutes according to Equities so far forth as Epicaia goeth 1. STatutes ampliative of the common Law supplying a defect therein and reforming matters needful in the Common-wealth to be reformed may be expounded by Equities p. 31. 2. Statutes may sometimes be expounded by Equities to reach to things of Vicine Nature especially if the one come in lieu of the other p. 34. 3. Some Statutes are expounded by Equities because Law and Reason repugn to the open sense of the words p. 41. 4. Law and Reason have been so effectual against the words of Statutes that even in the Princes Prerogative the words of Statutes have been controlled p. 44. 5. An Act of Parliament confirmeth all the Customs in a Town those that are against Law and Reason are not confirmed p. 53. 6. If by an Act of Parliament an Act or Deed is to be done with the Counsel or in the presence of a party or parties That party is no Judge in the Cause as in the Court of Star-Chamber none are Judges but the Lord Chancellor and Treasurer or Keeper or two of them p. 56. 7. A Statute must bring forth some new fruit and to such end it must be expounded by Equity p. 57. 8. If a Statute by the open sense punish one and intendeth another it must be expounded by Equity p. 61. CHAP. VI. That some Statutes Penal may be expounded by Equity 1. STatutes Penal may be so expounded if the Exposition tend to favour p. 63. 2. Statutes Penal that remedy a great mischief are taken by Equities p. 66. 3. Likewise if they continue recompence p. 70. 4. Statutes Penal that inflict most grievous Punishments are never expounded by Equities except the word may bear an equity it self p. 72. 5. Fineux thought that the Statutes of Attaints might not be expounded by Equities because there was some former remedy p. 74. CHAP. VII Of Statutes that must be taken strictly 1. STatutes which are grievously Penal and those that derogate from the Common Law and those that save not in their general disposition persons favourable in all Laws must be strictly taken p. 76. 2. Every private Statute must be strictly taken if it be Penal p. 80. 3. All Statutes appointing a thing to be done in a Form must be strictly taken touching the observance of the Form p. 81. 4. Statutes in the Affirmative imply a Negative when there is no former Law nor Statute to the contrary p. 83. 5. Some Statute in the Affirmative defeateth p. 84. CHAP. I. What a Statute or an Act of Parliament is Whom that bindeth and when it beginneth to take force THis word Statute is more general than an Act of Parliament here in England for that containeth Burghlees and even very Ordinances in Court-Leet or Court-Baron Moreover this word Statuimus perpetuitatem designat whereas Acts of Parliament do expire many of them by time But to omit the force of words and to come to the matter intended An Act of Parliament is a Law agreed upon by the King or Queen of England having Regal Authority the Lords Spiritual and Temporal and the Commons lawfully assembled which taketh strength and life by the assent Royal so that I account the rest of the consents to be parcel of the substance and the Royal assent to be Forma interna informans quae dat rei esse yet this agreement bindeth not the King or Queen except they be named if it be onerous for it must be taken as agreed unto for a law to bind her Subjects her self