Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	duke_n	earl_n	edward_n	17,131	5	8.3264	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

Disseiss'd of his Liberties and the King alone be restrain'd in His Prerogative what also were it but to put Him in a worse Condition than the Subject To examin this but de similibus ad similia were Argument enough but when the heavy Scale turns all for the King 't were the heighth of Injustice to deny Him His Weight For instance 1. Any restriction upon a Subject 2 H. 5.5 from the Lawful Exercise of his Trade is void though the Party himself gave a Bond not to Exercise it Gravesend Barge Case 10 Jac. C. Ban. Or that the Restriction be but Temporary Or Exclude any one and leave it not Free to all Nay further 21 E. 4.79 11 Cok. 53. 85. a Man shall not be Distrein'd though for a just Duty by any Instrument necessary to his Trade As the Anvil from a Smith 14 H. 8. 2 Inst 565. Deut. 24.6 Books from a Scholar The Mill-Stone from a Millar as accordant to the Law of God For it is a taking his Life to pledge in taking away his Lawful means of livelihood And this Mr. Latch calls A Fundamental Law Post-Office Case and the contrary A breach of the innate Liberty of a Free-born People And shall a Subject claim an innate Liberty and it be yet doubted of the Kings innate Prerogative which the Law calls Libertas Regia Bract. l. 1. Privilegium Regis Britt f. 27. Reg. f. 61. Droit le Roy Jus Regium Coronae And of which he is no more Deprivaable than of his Crown or Life Has God Intrusted the King with the Good of the Community and shall he be retrench'd in the common Exercise of it The Men of this Age might be too wise for Paradoxes a King without Power is the same as a King without Subjects 2. A Subject may upon some accidents break a Law yet not offend the Law as in case of Necessity or for the avoiding a greater inconvenience Plowd 18.19 2 Inst 168. c. Such and the like being exempted by the Law of Reason when the words of the Law are expresly against it On which ground tho' the killing a Man be Felony 3 Inst 56. yet for the inevitable necessity of saving his own life a man may kill another 5 Coke 91. Or a Thief attempting to Rob him on the Road Or in his Dwelling-House Or breaking it by Night and no Felony 9 Coke 68. In like manner an Officer if a Felon resist or fly from him so that he cannot otherwise Arrest him 15 H. 7.2 may kill him And the breaking of Prison is Felony but not if the Prison be on Fire And now if Laws may in case of a private Man be suspended by necessity how much more when the Kingdom is in danger of which the Law makes the King sole Judge Vid. Their Arguments by themselves in Quarto whither actual or expectant As was resolv'd by all the Judges even Hutton and Crook concurring in that Point in the Case of Ship-Mony 3. A Subject shall justifie a particular Wrong for a Public Good And rather than the Common-wealth shall suffer the Law will turn some prejudice to particular Persons Every Man's House is his Castle Dyer 34. yet a Sheriff if refus'd entrance may break it to apprehend a Felon Trespass is an offence against the Property of another and always presum'd to be done Vi armis yet justifiable for a common benefit as to make Bulwarks in another mans Ground Dyer 60. 3 Inst 84. or dig Salt-Peter in his Out-houses for the defence of the Kingdom 11 Coke 82. Dyer 36. 8 E. 4.18 21 E. 4.28 To pull down Houses in a public Fire To turn the Plow on the Head-land of another in favor of Husbandry And dry Nets on his Land for the maintenance of Fishing and all this because private prejudice is repaird by public Utility Nay Mr. Prynn justifies his Lords Power of Parliament Part. 4. p. 22. and Commons for laying Taxes on the People for the public Good tho' in truth it was but to support a Rebellion And shall the King that hath the largest Stake in this public Good want so necessary a part of the Government as not to be able to dispense with an inconvenient Statute especially when the not doing it may endanger that Good which is the end of all Laws If a Subject may justifie as before à fortiore may the King in the present Case For all positive Laws being subordinate to the safety of the People against which even the Law of Property carries no force it is but just and reasonable that they give place to the Law of Nature for common Defence 4. Where the Subject is enabled to the Greater he is of consequence enabled to the Lesser 8 Coke 70. A Man has power to make Leases provided they exceed not three Lives or twenty one years he may Lease for Ninety nine years if three Lives live so long for 't is a lesser Estate à fortiore where the King is enabled to the Greater shall He not also be enabled to the Lesser He can Pardon what hinders but he may prevent Witch-craft and Heresie are Offences against the first Table yet the King may Pardon both how much more then Dispense with any thing no Offence against the second Table Nor shall I believe but the Commons of that Parliament that brought in this and the later Test were of Opinion that His Majesty might dispense with them till I am better enform'd what was the meaning of that Address of theirs to the King Jan. 20. 1680. wherein they say It was their Opinion That the Prosecuting Protestant Dissenters upon Penal Laws is at this time grievous to the Subject and dangerous to the Peace of the Kingdom And what meant they be not Prosecuting but that they might nay ought to be dispens'd with 'T was their Opinion in one Case 't is the King's in another And shall not the Lord be at least as his Servant But to go on with the Argument High Treason is the most heynous of all others Crimen laesae Majestatis and yet the King may Pardon it 3 Inst 211. or any part of the Execution or all saving part The Sentence for Felony is Hanging yet the King may alter it to Beheading As the Lord H. 32 H. 8 Edward Duke of S. 5 E. 6. The Earl of C. 7 Car. 1. and others Attainted of Felony yet Beheaded The Judgment against a Woman for Treason is Burning yet the Countess of S. Anne of B. and others in H. VIII's time And the Lady J. G. 1 Mary Attainted of High Treason were Beheaded And is not the Body more than Raiment Shall the King have the Power of Life and Death and yet be restrain'd in a matter of indifferency Shall every Man be Lord and Judge in his own Family and the King alone be curb'd in His the Kingdom Shall he always see with other

difference as to the main whither a parcel of Thieves kill a Man's Servants or bind them so that they cannot defend their Master 2. The King is sole Judge of the danger of the Kingdom and how and when it is to be prevented or avoided Which also was acknowledg'd by Hutton and Crooke in the Case before and Mr. St. Johns in his Argument against the King Ibid. An. f. 483. says thus The Sheriff has the Posse Comitatus and therefore it follows that the Posse Regni is in Himself And shall the King have the Power of the Kingdom and be thought not to know how to use it Or if He does where lies the Quarrel Ought not the Judge of the danger to direct the means for avoiding it Surely yes It is not the Tenant by Castle-guard but the Lord that gives warning of the Enemy and the Reason is given by Sir Edward Coke lest the defence come too late The King by His Commission says Such or such a Person is fit for His Service no averment lies against it The King in a Ne exeat Regno affirms 1 Eliz. f. 105. That I. S. will go beyond Sea It is not traversable What a Judge doth as in his Office Dyer 163. 7 H. 7.40 shall not be assign'd for Error And shall any thing be wanting in the Fountain that issues in the Stream Shall the Delegate have more power than him that Delegates him If no averment or traverse shall be against the Act of a Judge how much less then where the King is absolute Judge Suppose there were but Vulgaris Opinio in the case Even common Fame is a sufficient ground for prevention for Lord Bacon Fames are no less the preludes of Seditions to come than the Relicks of Seditions past and will the People never believe a Treason unless the Prince be kill'd The King has secret Intelligence we know not and must He make no preparation without He reveal it And if He should how long would it be a Secret 3. The Law requires nothing to be done but it permits the way and means how it may be done else the Law were Imperfect Lame and Unjust Imperfect for want of Provision Lame for want of Power and Unjust in requiring an Impossibility A kind of sending forth a Messenger as Solomon and cutting off the Feet whereupon it is a Maxim in our Law That when the Law gives a Man any thing 1 Inst 153. 11 Coke 52. it implies also of that without which the thing it self could not be As a Man takes Ground of another the Law implies he shall have a way to it 9 E. 4.35 Or has a Pipe running through another Man's Ground he may enter to mend it 8 Coke 146. 9 Coke 11. 1 Inst 161. as cause requires So may the Lord to distrein He in Reversion to view what waste and the like for to take away the means were to destroy the end In like manner here The Law says The Interest and Soveraignty of defending is the King 's and shall it not also allow Him the means of doing it The King has the absolute Power of Peace 19 E. 4.6 13 Car. 2. c. 6. and War. The Supream Government of all Forces by Sea and Land And shall He be fore-judg'd the choosing His Souldiers 'T was the short pro Repub honesta Saying of Galba Tacitus when He refus'd a Donative to some Mutinous Legions Legi à se Militem non emi That he us'd to choose his Souldiers not to give Mony for 'em As well knowing that the next demand had been the Empire as indeed it fell true in him for what was that Power of the Sword when he was not secure of not having it turn'd upon himself Or of what better use to any Prince with a Pad-lock on the Scabbard The Scots have a pat Word for it A Feckless Tree-Sword 4. Lastly there remains yet another Argument that carrys in it both Law and Reason there was a necessity upon His Majesty at the time when he granted those Commissions A Necessity of preventing a Necessity And who knows not but Necessity is the Law of time and action and regulates the Law of the place As that of David's eating the Shew-Bread and our casting over Goods in a Storm And who also is so great a stranger at home that has not at least heard of those preparatory Libels and Scandalous Declarations for some time before nightly scattered and daily communicated to Friends What was the meaning of those hollow Blasts Were they ever the Forerunners of Fair Weather Or not of the contrary 'T was a shrewd Argument all was not well or not like to continue well But before I go further I must be forc't to look back the way in this case to make haste being to stand a while and consider 1. The time when this first Test for I shall not speak to the other till my second part was made 2. By whom carry'd on 3. To what end As to the First It was in the Year 1673 at what time the Fears and Jealousies of 1640 like China-Earth laid in by the Grandfather had fermented into a better condition of being wrought The old Chase was foil'd but not so absolutely lost to the despair of a Retrieve they had their Fathers Plat-form most of the Materials would serve again and who knew but they might improve upon 't If they fail'd 't was but what others had done before 'em and if it hit there was a full amends for all So readily do Drowning Men catch at Twigs and Epimetheus like keep Hope in the bottom of the Box when it had been better to have forborn the opening it Then as to the Carriers of it on What were they but two or three First-Rate-Discontents who being out-witted in their point gave themselves up to that peaceable resignation of taking no notice of it till they had contriv'd a Revenge The Word was The King hated them or lov'd them not which to such Men was all one nor could they believe his Heir presumptive as they call'd him should be much fonder and therefore a Bill of Exclusion must secure all And however the House of Lords to their Eternal Honour threw it out yet was it never set on foot again among the Commons or that weakly Let it perish as it lies nor will I rub the Nap too hard for fear of discovering the Thread And Lastly for the end of it The Title 't is true calls it an Act for preventing dangers that may arise from Popish Recusants But what says every Man that wears not a Bibb and who if he belies not his Conscience cannot but confess That the main drift and end of it was to keep His now Majesty from the Crown by undermining Him in His Dependencies first that they might the better afterward attack Him in His Person It was against their Interest that He should come to be King and therefore 't was but