Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	baron_n	sir_n	william_n	12,557	5	8.1084	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96658	Jus regium coronæ, or, The King's supream power in dispensing with penal statutes more particularly as it relates to the the two test-acts of the twenty fifth, and thirtieth of His late Majesty, King Charles the Second, argu'd by reason, and confirm'd by the common, and statute laws of this kingdom : in two parts / auctore Jo. Wilsonio J.C.	Wilson, John, 1626-1696.	1688 (1688)	Wing W2921A; ESTC R43961	44,210	87

dispensing with it has been and is every days practice And if it were not for the King's License for Importing and Exporting several Commodities prohibited by Statute Informers and their Auxiliaries Knights of the Post might live well enough without the Sweat of their Consciences But admitting these may not come up as I see not where they fall short The 13. H. 6. c. 8. is in point No Sheriff says that Statute shall continue in his Office above one year under the Penalty of 200 l. and every Patent to that purpose to be void notwithstanding the Clause of Non Obstante And the person for ever after disabled to bear the Office of Sheriff And yet Edw. the 4th made a Sheriff for life cum clausula Non Obstante to that Statute and adjudged good 2 H. 7.6 by all the Justices Nor seems the Case of the Lord De la Ware to be altogether wide of the matter William West Nephew and Heir of Tho. Lord De la Ware had been disabled by Act of Parliament 3 E. 6. to claim any Lands Dignities c. from his said Unkle for his natural Life only 8 Eliz. Thomas dies The Queen restores William And by new Creation to the same Title calls him to Parliament where he had place as puny Baron and dies 11 Coke 1. Now the Case as it is reported by Sir Ed. Coke relates only to this whither the new Lord De la Ware should take his place to the antient Barony by Writ or according to his Father's Creation by Patent and resolv'd he should have it according to the antient Barony which at the time of the new Creation was only Suspended But I make this other use of it That an Act of Parliament in one King's Reign barr'd not the Successor of the Service of that Subject because it was due by a Title paramount the disability viz. The Law of Nature Here was a manifest disability created by Parliament in the Person of William and the intent of the Act was he should not serve in Parliament as Lord De la Ware The Queen finds she had use of his Service as Lord De la Ware and by new Creation enables him to perform it So then whither he sate in Parliament by vertue of the old Dignity or new Creation it matters not He sate in Parliament The disability was remov'd and the Queen had his Service And besides this there are other Matters contrary to the usage of the Realm and Ecclesiastical Canons in force among our selves that have been dispenst with by our Kings and that out of Parliament The Clergy by that usage and their own Canons are disabled to bear Secular Offices 2 Inst 121. and the doing otherwise has been complain'd of in Parliament 45 E. 3. yet our Kings have frequently dispenst with them in it and made them Chancellors Treasurers c. both before and since the Reformation and he scandals the Authority of both that will allow neither On the other hand Cromwell in Henry 8th's time was Merè Laicus yet the King made him His Vicegerent in Ecclesiasticis however otherwise incapacitated by the same usage and Canons And that there have been several Personal Disabilities created by Parliament yet void in themselves we have the several Examples of Edw. the 4th who in the Blood of His Father Richard Duke of York was disabled from claiming the Crown Henry the 6th to reassume it Henry the 7th attainted by Parliament Queen Mary and Queen Elizabeth respectively Excluded by the same Authority And yet the accession of the Crown clear'd those Disabilities without a Repeal and what better could there have been dream't from the late Bill of Exclusion 6. Lastly and to close all The King cannot devest Himself or restrain His Successor of any regal Right that is essentially in the Crown i.e. really annext to His Person as King Because it would be in prejudice of the Crown in making Him less King than He ought to be Nor are any of the King's Grants or Concessions to be understood otherwise than Salvo Jure Coronae For by the same Reason that any one part may be separated may also more and so from one thing to another even all at last and very well if it holds a Dukedom of Venice Whereas Quae Jurisdictionis Bract. l. 2. c. 24. Pacis sunt ad nullum pertinent nisi ad Coronam dignitatem Regiam nec à Coronâ Seperari possunt cùm faciant ipsam Coronam Such things saith he as concern the Supream Authority and Peace of the Kingdom belong to none but the Crown and Royal Dignity nor can they be separated from the Crown in as much as they are the very things that make it a Crown This Bracton was a Judge in Hen. the 2d's time during the heat of the Barons Wars and what he means by those Words but that the Crown were nothing without that Supream Authority and the power of executing it were worth his explaining that would draw any other sense from them And if he shall not it is but reasonable that he confess That the Crown is and ought to be preserv'd entire and as it will not admit of any false Metal to embase it will less endure any Clogs to encumber it I speak not of Popular or Consular States or what may have been practis'd in them Or Elective Kingdoms where tho One may bear the Title and Honour of a Prince He has not Merum Imperium the Supream Power of an Absolute Regality but is Himself subject to that Power which is transcendent to His and appertaineth to the State. But of the King of England over whom the States have no power in as much as all Power and Authority is deriv'd from Him de Lumine Lumen but as before Salvo Jure Coronae For the Royal Dignity is indivisible and every Subject owes Him Liege Homage De vita membro terreno honore for Life Member and Earthly Honour nor can any Earthly Power discharge him of it William the Conqueror created Hugh Lupus his Nephew Hereditary Earl of Chester and gave him the County in Fee Ita Liberè ad gladium 4 Inst 211. ut ipse Rex tenebat Angliam ad Coronam To hold it as free by his Sword as Himself-held England by his Crown Yet this exempted him not from remaining a Subject So a Grant to the Abbot of St. Bartholomew 14 H. 7.11 to be as free in his Lands as the King in His Crown Yet he was still a Subject and shall pay a fine But these may be said were the single Acts of a King and out of Parliament We 'll see now what a Parliament could do Richard the 2d by His Letters Patents created Robert de Vere Earl of Lincoln and Marquess of Dublin to be Duke of Ireland and grants to him for life Totam terram Dominium Hiberniae Portus Maris c. The whole Land and Dominion of Ireland The Sea

mens Eyes hear by other mens Ears and He that is to set Copy's to others have His hand held for fear of blotting Let them that are of that Opinion make it their own Case If preservation is to be preferr'd before Benefit it necessarily follows That there be some Ultimate Judge of the Means SECT IV. That no Government can be entire that is defective in any necessary part and therefore all Governments besides the Power of the Sword have ever pretended to this Supreme Power as a sine qua non c. BY an entire Government I intend such a Government as carries in its self all things necessary for the Defence of its self and all its parts without which it were defective and consequently as no Government because it could neither encounter dangers from Abroad nor obviate unexpected Emergencies at Home Now if the power of judging the means of doing this be of absolute necessity to all Governments and that it will be hard to find any Age so innocent wherein some Law or other has not been brought in not to say obtruded by Interest or Faction it seems of as absolute necessity that every Government carry also in its self The power of dispensing with Laws which however at their first making might be proper enough yet upon other Reason of Affairs may prove inconvenient or be thought may become so and therefore fit to be dispens'd with For Prevention is as necessary as Defence and wise Men meet Dangers half way and the not doing it what Demosthenes told his Athenians like Country-Fellows at Cudgels that never ward a Blow till struck To examine it a little That there can be no Society without Government needs no proof and that there can be no Government that answers not the end of Government which is Common Safety needs as little for without it what were Peace but a mere Notion A kind of Truce or Cessation no laying down of Arms. To support this therefore all Governments have not only pretended to the Power of the Sword but as a Consequent of that to this other of Dispensing I shall but touch the former because I take it for granted as an inseparable incident to the Sovereign Power for the Power of the Sword being for the Defence and Protection of the People is subservient to the Government and must needs belong to him with whom God hath entrusted the Government as a necessary requisite without which He cannot perform that Trust For what were it but a thing in Name if it had nothing to work on or how could it subsist without a Command over the People Or be more called Government than a Cripple or a Paralitique an entire Man inasmuch as the one wants his Limbs the other the use of them And what shall we talk of a power of Commanding without a power of exacting Obedience to those Commands All Government were precarious without it and men would Obey but as themselves listed Nor is it more possible there could be Order without it and where that 's wanting there must be Confusion Una Eurusque Notusque ruunt And what was the Effect of it Ad litora fluctus In a word Brambles grow at both ends but the cross-encounter of the Sap withers the middle How necessary then is it that there be some Ultimate Judge whose Dictates be Conclusive for to admit them Disputable were to suppose a possibility of Erring the least apprehension of which begets Disputing that Sidings those Factions and they every thing By these steps crep up the Parliament of 1640. and therefore made it one of their De quibus non disserendum That Egg not crush'd in the Shell might have broken into a Serpent and spoild all What shall I add Moses no sooner nam'd a God to his People than he brings Him in speaking Let there be Light and it was so He gave them no time to think as perhaps doubting they might have disputed if not the thing His Power over them In like manner for the Power of Dispensing with Penal Laws which is but a Concomitant of the former It is God alone that can comprehend all things at once past present and to come are the same with Him and I Am bears no distinction of Tenses Whereas Man concluding only from the more probable of the Premisses how is it possible for him to foresee all the intercurrencies and perplexities of Time and Chance at best so sufficiently as to be secure against them The best Gamester cannot prevent all Blots and the most expert Marks-man may sometimes carry over as well as not reach home And therefore because in the making of Laws it is as impossible as in Philosophy to find the Maximum quod sit or Minimum quod non That indivisible Point of Proportion or sufficiency just so much as will do and no more as impossible I say as to make a Shoe shall fit every Foot any Rule so general as shall admit no exception or Law so absolute but that in some Case or other there is no Provision made or shall not fail in some particular or by Corruption of Time not corrupt with it It is of absolute necessity that the Government whatever it be have the Supreme Power of keeping all Temporary Laws and provisional Remedies to their first intention or dispense with them as they prove inconvenient and therefore fit to be dispens'd with till they shall be better Abrogated I instanc'd erewhile in the days of Old but as I come nearer to my Matter I 'll come nearer Home And let him that Reads me without prejudice consult our own Histories and he 'll find that even our best Constitutions how prudently soever at first intended have by the same Corruption of Time and Manners not only fail'd in their end but on the contrary turn'd to hurt I said before That at the begining all Administration of Justice was in one Hand i.e. The Crown c. But as People encreas'd this Administration was divided into Counties and the King appointed His Deputy in every County to be Conservator of the Peace at Home and defend it from Enemies from abroad who was called The Ealderman Earl or Shyreeve i. e. Praepositus Comitatus for so the Saxon and is our now Sheriff But this answer'd not the intention For the Office being at that time granted in Fee with a Tourne County-Court and a third penny of the County to support the Dignity they became so obnoxious to the Crown that they led their Counties as they pleas'd themselves and not often against it to lessen this growing Authority as our Kings afterwards granted Lands they also granted Court-Leets and court-Court-Barons to the respective Lords of those Seigniories or Mannors And what effect had that Royal Munificence But that it so put them in the Head of how much more Power was wanting that in the 17th of King John with Swords in their hands they complain to Him of an infringment of their Liberties the first time