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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nation_n	england_n	law_n	statute_n	1,497	5	9.0809	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26174	The Lord Chief Justice Herbert's account examin'd by W.A., Barrister at Law, ... ; wherein it is shewn that those authorities in law, whereby he would excuse his judgment in Sir Edward Hales his case, are very unfairly cited and as ill applied.	Atwood, William, d. 1705?	1689 (1689)	Wing A4176; ESTC R2780	39,888	80

that Lord Vaughan is who owns That the King cannot dispense in any Case but with his own Right and not with the Right of any other which he confines not to individual Persons consider'd singly for he says expresly If the Wisdom of the Parliament hath made an Act to restrain pro bono publico the Importation of Foreign Manufactures that the Subjects of the Realm may apply themselves to the making of the said Manufactures for their Support and livelihood to grant to one or more the Importation of such Manufacture without any Limitation non obstante the said Act is a Monopoly and void For this I am sure particular Persons are not entitled to Actions upon their own accounts Indeed he supposes the King may license limiting the Quantity and that for private uses not by way of Merchandise as not being against the End of the Act. Wherefore in our Case all the Subjects being interested as Protestants their Support and Encouragement being provided for by the Act and the letting Papists into the Government against the End of it who can doubt but Lord Vaughan would have pronounc'd Hales's Dispensation void And whereas our Judge pleads in his excuse That tho' this Law was made for the Interest of Religion the Offence is not directly against Religion but against a Politick Constitution tho' made for the Interest of Religion he might not onely have learnt from Lord Cook above That the Subjects have such an Interest as the King cannot dispense with in what is made void or tortious that is unlawful for the good of the Church but Lord Vaughan shews That there are mala politica not to be dispens'd with and instances in some things which are Nusances in specie Now besides what already has been shewn to disable these three last Instances urg'd by Sir Edward That they are not pro bono singulorum populi as that Rule is vindicated from Misapplications may appear in that neither of them affect all the People in general As to the Clergy-men they can only do injury in their respective Parishes where they are Benefic'd and the Welshman in that part of Wales where he is an Officer nor besides can the Clergy-men be suppos'd much to prejudice the Interest of Religion being the Plurallist cannot supply his Cure but by one qualified and the Bastard might be a good Man and good Preacher And yet even these would fall within Vaughan's acceptation of his own Rule for he shews That Laws made for the benefit of but part of the Kingdom Artificers and Husbandmen cannot be dispens'd with to any one Person to frustrate the Ends of the Statutes This leads to another Flourish which he makes with the Vaughan's Authority in answer to the Objection That the Law was made pro bono publico and was highly necessary for the Publick Indeed Lord Vaughan will have it that the sole Reason why a Statute cannot be dispens'd with is not that the Law was made pro bono publico because all Laws were made for Publick good and yet Dispensations had been allow'd in some nor was the Degree of Publick good that which alter'd the Case yet he shews that the Extent of it does and seems still to keep to Cook 's Rule Where the People had entrusted the King with the Law as Head of the complicated Body there the Trust was entirely in him but when the Law extended in Interest not onely to individual Persons but to a considerable part of the Nation much more when to all in either of which Cases the Statute is pro bono singulorum populi in neither of these can the King dispense And that the Statute in question is of the largest extent appears as the Nation is a Protestant Nation this the Religion establish'd by Law and these Provisions necessary Means to preserve it and therefore tho' the Papists have no benefit by it they are not in Law in this respect any part of the People for People always is taken for them that have Legal Interests Thus when the Statute provides That the People of Counties shall chuse their Sheriffs it relates not to all the People in general but onely to Freeholders Having thus shewn That those Grounds which our Judge pretends to have gone upon afford no Countenance even to his Palliation of the Judgment they will appear much less to countenance it as it was deliver'd which to evince I shall here set it down ipsissimis verbis from that faithful Reporter Mr. Blaney It was on that memorable Day when as another mark of his Sincerity he directed the willing Jury and concurr'd in the infamous Sentence against that excellent Author Mr. Johnson when the Jury was gone out the Chief Justice took occasion to inveigh against spreading of Scandalous Reports about Cases depending in the Court and to prevent any thing of that Nature in the Case of Sir Edward Hales he thought fit to deliver the Opinion of the Judges in this manner C. J. In the Case of Godwin and Hales wherein the Defendant pleads a Dispensation from the King it is doubted whether or no the King had such a Prerogative Truly upon the Argument before us it appear'd as clear a Case as ever came before this Court But because Men fancy I know not what difficulty when really there is none we were willing to give so much Countenance to the Question in the Case as to take the Advice of all the Judges of England They were all assembled at Serjeants-Inn and this Case was put them and the Great Case of the Sheriffs was put whether the Dispensation in that Case were Legal because upon that depended the Execution of all the Law of the Nation And I must tell you that there were then Ten upon the place that clearly delivered their Opinions That the Case of the Sheriffs was good Law and that all the Attainders grounded upon Indictments found by Juries return'd by such Sheriffs were good and not erroneous and consequently that Men need not have any Fears or Scruples about that Matter And in the next place they did clearly declare That there was no imaginable difference between that Case and this unless it were that this were the much clearer Case of the two and liable to the fewer Exceptions My Brother Powel said he was inclin'd to be of the same Opinion but he would rather have some more time to consider of it but he has since sent by my Brother Holloway to let us know that he does concur with us To these Eleven Judges there is One Dissenter Brother Street who yet continues his Opinion That the King cannot dispense in this Case But that 's the Opinion of One single Judge against the Opinion of Eleven We were satisfied in our own Judgments before and having the Concurrence of Eleven out of Twelve we think we may very well declare the Opinion of the Court to be That the King may dispense in this

justifie them It is well known in Story that six Judges and two of the King's Council at Law suffer'd for Treason upon a Parliamentary Prosecution 11 R. 2. for delivering their Opinions That they were to be punish'd as Traytors who hindred the King from exercising his Soveraignty and Prerogative over a Statute and an Ordinance and Commission made in the foregoing Parliament The substance of their Crime lay in ascribing to the King a Power to defeat the Provisions of the Parliament for the safety of the Nation and is a direct President at which our Judges ought to tremble Nor can it avail them that the express words of the Statute 25 E. 3. c. 2. do not condemn them since that Act transmits common-Common-Law Treasons to the Judgment of Parliament and the Statute 1 Mar. c. 1. leaves that power untouch'd and who can doubt but such a Resolution and that justified in Print and published to the World is an overt Act of Treason as it tends to the subverting the Fundamental Rights of Parliaments Nor can they have any colour for asking with the Lord Strafford Where is the Buoy when they see so many Shipracks to admonish them Nor ought Sir Edward to wonder at a Treason against the Government tho' not directly against the Person of the King his Relatives Officers or his Coin nor yet an actual levying of War within his Kingdom or adhering to his Enemies for he may find among the Articles against the Lord Kimbolton and others exhibited Anno 1641. by his Father then Attorney-General That they have traiterously endeavoured to subvert the very Rights and Beings of Parliaments But since Sir Edward pleads Conscience for what he did and might have urg'd the Authority of Spiritual Guides who would make the Scripture notion of higher Powers a sufficient Warrant for such a Judgment I shall conclude with the good Queen Elizabeth Doctrine of the famous Bilson afterwards Bishop of Winchester By Superior Powers ordain'd of God we understand not only Princes but all politick States and Regiments some where the People some where the Nobles have the same Interest to the Sword that Princes have in their Kingdoms And in Kingdoms where Princes bear rule by the Sword we do not mean the Prince's private Will against his Laws but his Precept derived from his Laws and agreeing with his Laws FINIS Publish'd by this Author A Poetical Essay towards an Epitome of the Gospel Ed. Anno 1678. Jani Anglorum facies nova Anno 1680. Jus Anglorum ab Antiquo Anno 1681. King Edward the Sixth against the Pope's Supremacy with Remarks on his Life Anno 1682. Lord Hollis his Remains Dr. Twisden's Considerations touching the Grand Question With Reflections upon Antidotum Britannicum and Mr. Hunt's Book and Postscript Anno 1682. Anonymus his Letters to Dr. Sherlock concerning Church-Communion With a Reply to his Answer Anno 1683. A Letter of Remarks on Jovian Anno 1683. A true Account of the Unreasonableness of Mr. Fitton 's Pretences against the Earl of Macclesfield Grotius his Arguments for the Truth of the Christian Religion in Verse With an Appendix concerning Prophecies Anno 1686. The Idea of Christian Love and Paraphrase on Mr. Waller's Poem of Divine Love. Anno 1688. Ready for the Press A Supplement to Dr. Brady's Introduction and Compleat History Vid. Account p. 1. Account p. 6. Cook 11 Rep. f. 88. V. p. 7. 8. P. 6. 11 Rep. f. 88. 7 Rep. f. 36. Suarez de Legibus lib. 6. cap. 10. f. 384. Ib. cap. 14. f. 395. V. Jus Angl. ab Antiquo Jani Angl. fa. nov Vid. Mat. Par. de Anno 28. H. 3. So Rot. Pat. 42 H. 3. m. 4. m. 10. V. Jan. An. fa. Nov. p. 244. Rot. Par. 4. E. 3. Vid Rot. Par. 5. E. 2. Ryley pl. parl f. 317. Rot. Par. 8. E. 2. n. 35. 4. E. 3. n. 16. 17. E. 3. n. 12. Walsingham fol. 243. Vid. Knighton the 1st Art. against R. 2. f. 2747. Vid. etiam 5. H. 4. n. 37. 11. H. 4. n. 15. 1. H. 6. n 16.24.30 11. H. 6. n. 17. 31. H. 6. n. 38. V. Roles Ab. 2. part 179. Mat. Par. ed. Tig. f. 784. V. Math. Paris f. 827. illepidum Prin's Animad f. 129.130 V. etiam Sir John Davis his Rep. f. 69. b. * Vid. Mod. ten Parl. Parliamentum separari non Debet dummodo aliqua Petitio pendeat indiscussa vel ad Minus ad quam non suit determinatum responsum si Rex contrarium permittat perjurius est As I find it in an ancient MS. of the Modus Vid. etiam 4 Inst f. 11. Vid. 50 E. 3. n. 177 178. 1 R. 2.95 This acknowledg'd for Law in the King's Name 2 R. 2. n. 4. Vid. Spelm. Vit. Aelfredi f. 115. Mirrour p. 282. Where 't is plac'd among the Abuses of the Law That Parliaments are not held twice a year Account p. 7. 7 Rep. f. 36. Account p. 7. Pag. 7. Pag. 28. Chief Justice Fineux 11 H. 7. f. 12. a. Moor Rep. f. 714. Indeed the Book spsaks also of dispensing with Statutes restraining the Prerogative but that concerns not the Instances here of things forbid the Subject for the limitation of that Power Vid. infra F. 332. F. 333. Sup. f. 714. 7 Rep. f. 36. b. 1 H. 7. f. 2. b. 3. ● P. 8 9. Acc. p. 9. Yet p. 5. he promises to cite the Books and Pages and to transcribe the very words of his Authorities that every body may be convinc'd if he were in a mistake it was no wilful mistake 2 H. 7. f. 6. b. 7. a. F. 7. It should be c. 9. F. 7. a. Brook Patents n. 45. Fitz. Ab. tit Grant n. 22. Account p. 11. First Ground 23 H. 6. c. 8. Vid. Cambd. Brit. f. 115. Vid Dugdale's Baron f. 2. Bromton a. f. 779 ad 798. De Regno Northumb. 9 Rep. f. 25 b. ir Rob. Atkins v. Rob. Holford in Scaccario Hil. 22 23 Car. 2. Vid. Rep penes doctissimum Dominum Ward The second Ground Rot. Parl. 1 H. 7. par 2. Account p. 12. Vid. Account f. 12. Account p. 12. Accoont p. 13. Grenden v. Levesque de Lincoln Plowden f. 502. Second Point 2 H. 7. Account p. 13. 12 Rep. f. 17. Was made Sollicitor 16 June 34 Eliz. Dugd. Cron. Series f. 99. 12 Rep. f. 18. Dr. Sherlock's Case of Resist p. 113. Dr. Scot's Serm. upon Rom. 13 1. Dr. Sherlock's Case of Non-resistance p. 199. Pag. 199 200. Jovian p. 242. How falsly vid. the Letter to Jovian Vid. Jovian p 236. Account p. 13. 7 Rep. f 4. Vid. Archb. Abbot's Exceptions to Sibthorp's Serm. Rushw part 1. f. 439. 442 7 Rep. f. 27. Vid. Vaugh. f. 286. 4 Inst f. 135. 3 Inst f. 154. Account p. 16. Account p. 16. Vid. Consid touching the Grand Quest a. p. 210. to 214. 1 Inst f. 58 b. Account p. 26. Vid. supra 3 Inst f. 154. Vid sup p. 12 28 30. Account p.