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Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n king_n law_n prerogative_n 1,605 5 10.3114 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A69585 An essay of a king with an explanation what manner of persons those should be that are to execute the power or ordinance of the kings prerogative / written by the Right Honorable Francis, Lord Verulam, Viscount Saint Alban. Bacon, Francis, 1561-1626. 1642 (1642) Wing B282; ESTC R16627 3,910 10

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discretion in which the law in which the Kings known will sheweth unto him to be that Iustice which hee ought to administer otherwise he might seeme to esteeme himselfe above the Kings law who will not governe by him or to have a power derived from other then from the King which in the Kingdome will administer Iustice contrarie to the justice of the Land Neither can such a Judge or Commissioner under the name of his high Authoritie shrowde his owne high affection seeing the Conscience and discretion of every man is particular and private to himselfe As the discretion of the Judge cannot be properly or possibly the discretion of the King or conscience of the King And if not his discretion neither the Judgement that is ruled by another m●ns only Therefore it may seeme they rather desire to bee Kings then to rule the people under the King which will not administer Justice by law but by their owne wills This Administration in a subject is derogative to the Kings Prerogative for he administreth Justice out of a private direction being not capable of a generall direction how to use the Kings pleasure in Causes of particular respect which if another then the King himselfe can doe how can it be so that any man should desire that which is unfit and impossible but that it must p●oceed out of some exorbitant affection the rather seeing such places to be full of trouble and being altogether unnecessary no man will seeke to thrust himselfe into it but for hope of gaine Then is not any prerogative oppugned but maintained though it be desired that every subordinate Magistrate may not be made supreame whereby he may seale up the hearts of the people take from the King the respect due unto him only or to judge the people otherwise then the King doth himselfe And although the Prince be not bound to render any accompt to the Law which in person administreth it selfe Yet every subordinate Judge must render an accompt to the King by his lawes how hee hath administred Justice in his place where he is set But if he hath power to rule by private direction for which there is no law how can he be questioned by a law if in his private censure he offendeth Therefore it seemeth that in giving such authority the King ordaineth not subordinate Magistrates but absolute Kings And what doth the King leave to himselfe who giveth so much to others as he hath himself neither is there a greater bond to tie the subject to his Prince in particular then when he shal have recourse unto him in his person or in his power for releif of the wrongs which from private men be offered or for reformation of the oppressions which any subordinate Magistrate shall impose upon the people there can be no offence in the Judge who hath power to execute according to his discretion when the discretion of any Judge shall be thought fit to be unlimited And therefore there can be therein no reformation whereby the King in this useth no prerogative to gaine his Subjects right Then the subject is bound to suffer helplesse wrong and the discontent of the people is cast upon the King the lawes being neglected which with their equitie in all other Causes and Judgements saving this interpose themselves and yeeld remedy And to conclude Custome cannot confirme that which is any wayes unreasonable of it selfe Wisedome will not allow that which is many wayes dangerous and no wayes profitable Justice will not approve that government where it cannot be but wrong must bee committed Neither can there be any rule by which to try it nor meanes for reformation of it Therefore whosoever desireth Government must seeke such as he is capable of not such as seemeth to himselfe most easie to execute For it appeareth that it is easie to him that knoweth not law nor justice to rule as he listeth his will never wanting a power to it selfe but it is safe and blamelesse both for the Judge and People and honour to the King that Judges bee appointed who know the Law and that they bee limited to governe according to the Law FINIS 1. Custome 2. Wisdome 3. Justice 4. Rule against it