Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	action_n	defendant_n	plaintiff_n	1,723	5	10.0998	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89520	An argument or, debate in law: of the great question concerning the militia; as it is now settled by ordinance of both the Houses of Parliament. By which, it is endeavoured, to prove the legalitie of it, and to make it warrantable by the fundamentall laws of the land. In which, answer is also given to all objections that do arise, either directly, or collaterally concerning the same. All which is referred to the judicious reader. by J.M. C.L.	Marsh, John, 1612-1657.; Milton, John, 1608-1674, attributed name.	1642 (1642)	Wing M575; Thomason E119_13; ESTC R18112	46,929	48

paretur impunè he that obeys the command of any power out of its jurisdiction shall be punished for it So I conclude this point also and conceive that for this reason likewise the Parliament hath done no more then what is warranted by the Lawes of the Land Fourthly and lastly I hold that the Parliament have done no more then what is warrantable by Law upon this ground which ought to be the Basis and end of all Law viz. the common good and safetie but of this onely a word for that I have touched it before That Law which is above all Law to which all Law ought to subscribe is Salus Populi the safetie of the people True it is that the Law was made to defend every mans private interest as well as the Republique but primarily and principally the Republique it is the Rule of Law as I have shewed before Quod bonum publicum privato anteferri debet that the publique good ought to be preferred before the private And againe we have another Rule Quod magis dignum trahit ad se quod est minus dignum that the more worthy doth draw to it the lesse worthy and without controversie the magis dignum the more worthy is the Common-wealth why then the minus dignum the lesse worthy which is every mans private concernment must subscribe to that And the reason wherefore the good and safotio of the Republi●que ought principally and in the first place to be maintained and therefore is styled Suprema Lex that is the most supream● Law or if you will a Law above all Lawes is for that as in the naturall body if the body be in health the members must needs be well also and if the body be sicke the members must needs sympathise with it● so it is in the body politique if the body be well the members fare all the better for it if the body be in distemper the members cannot but be distempered also so the happinesse or misery of every individuall person h●●geth upon the good or ill successe of the Common-wealth and therefore the good of the Common-wealth ought to have the first and chie●e endeavour of every true and faithfull member of it In 18. E. 2. which you shall sind cited in the 10. Rep. Keighleyes C. ●8 E. 2. 27. ●0 Rep. 139. b. Keighleyes C. a man brought an Action upon the case against another and the ground of the Action was for suffering of a Wall of the Sea that the Defendant was bound by prescription to repair when need should be ●●repaired so that for default of reparation the water entred and surrounded the lands of the Plaintiffe The Defendant traversed the prescription upon which they were at issue and it was found for the Plaintiffe and that there was a default in the wall for not repairing for which the Plaintiffe recovered his Damages and a Writ was awarded to the Sheriffe to distrain the Defendant to repair the wall where need was ●and d●sault Upon which my Lord Cooke maketh a speciall obseruation Not a Reader saith he this judgement and the reason of it is pro bono publico for the common good For saith he Salus populi est suprema Lex the safetie of the people is the most supreme Law and therefore it is part of the judgement in this Action that the Defendant should be restrained to repair the wall As if he had said this Action is brought by the Plaintiffe for his speciall da●●ification onely and this he hath restored to him by the judgement But yet note for that it concerneth the weal-publique the Judges considering themselves to be tied both in Law and conscience to provide for the securing of the same made this part of their judgement likewise that the Desendant be compelled to repair the same lest in defect of this the Common-wealth should suffer also Here you may see the car● that the Judges then had of the common good It were well that this were pondered on in those dayes in which I doubt men are too ready and prone to prefer their own private concernment in their indeavours I mean their honou● before the publique safetie In Davis Reports Da. Rep. fo 32. b. it is 〈…〉 to the interest of one particular person yet reasonable where it is for the benefit of the Common-wealth in generall as a custome to make Balwarks upon the land of another for the defence of the Realm 36. H. 8. Dyer and to raze houses in publico incendi● in a common fire 29. H. 8. Dyer these cases I have remembred before so to turn the plough up●n the head-land of another in favour of husbandry 21. E. 4. and to drie Nets upon the land of another in favour of fishing and navigation 8. E. 4 36. H. 8. Dyer fo 60● 29. H. 8. Dyer fo 36● 21. E. 4. 28● 8. E. 4. 18. But saith the book a custome which is contrary to the publique good which is the scope and generall end of all Laws for salus populi suprema lex or injurious and prejudiciall to the multitude and beneficiall onely to some particular person such a custome is repugnant to the Law of reason which is above all positive Laws c. Here note that it is said that the Law of reason is above all positive Laws and no doubt but it is for that Law which is against reason is rather a mystery of iniquitie then Law and in truth it is no Law which is not grounded upon the Law of reason For as some will have it the word Lex is derived à ligando quoniam ad observandas leges homines ligat and no question a Law which is unreasonable doth not oblige men to obedience so that it is no Law if it be not warranted by the Law of reason Now to apply this to the case in question the King by his Prerogative ought to have the sole disposing of the Militia the kingdom being in imminent danger the King refuseth to settle it by the advise of his great Counsell for the securing of himself and his people Now the doubt is whether the Parliament may without the consent of the King assume this power to themselves for the securing of his Majestie and his kingdom or whether they ought to subscribe to the Prerogative of the King though it be to the apparent destruction of the Common-weal which of these two is the reasonable Law is the question Why no doubt Salus populi the safetie of the people for these reasons First for that the Law was made for the people and not the people for the Law And secondly for that the whole ought to be preferred before any part wherefore I conclude that it is Suprema Lex the most supreme Law and therefore the Prerogative of the King ought to give way to this and not this to the Prerogative of the King for if you preserve and maintain the common good you preserve and maintain the Kings Majestie his Prerogative your Laws and your selves and if you do otherwise you destroy all And therefore I conclude all with this Non solum conveniens est sed necesse est ut salus populi sit suprema Lex That it is not onely convenient but nenessary that the safety of the people should be the most supreme Law And therefore the Parliament have done that which is agreeable both to Law and reason in preferring of the publique safetie FINIS