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nature_n power_n spiritual_a temporal_a 2,514 5 9.1751 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A37415 Defensio legis, or, The Whole state of England inquisited and defended for general satisfaction. 1674 (1674) Wing D821; ESTC R33438 97,443 336

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the Bishop is generally Amerc'd Permissive waste unpunishable 10. If one Demise a Farm with a fair House and fruitful Herbage thereunto Belonging at will And the Tenant prove an ill Husband over slothful and Base suffering Both to go to Ruine The House to fall down for want of timely Repairs or Burnt through Carelessness And the Land to be Juncose or become Rush'd over even over-run with Weeds and chok'd up 'T will soon be Demanded How the owner shall right Himself of so wretched a Fellow At Common Law by the 42 43 Eliz. B. R. I find it Adjudg'd in Point no Relief And the Statute of Gloster leaves it Incurable Neither do I find it Curable at all for by the Pliers in Equity I 'me Assur'd the Chancellour is not sworn to make Fools Wise If men dread any After game a Gods name let them Away to the learned Lawyers and for a good wholesome Fee they will secure them against such unlucky Rentors Voluntary Vastation Punishable 11. For spontaneous waste as pulling down of Houses Ploughing Meadows Destroying Woods which alters Evidences and so tends to a Dis-inheriting I conceive it Punishable by Action of Trespass It amounting to the Determining of his Interest without Entry of the Lessor Par. 116. Conscience must be Submiss and Silent to the Digest of Policy Law NOW there 's no Mooting for Conscience in these Points it must Conform and agree it for Law And if Law then Justifiable at the grand Sise for if not Connatural or of the like Dimension with the Law eternal 't is monstrous and not to be practis'd To clear this by a Case If J. S. infeoffe J. N. of all his Lands in London and Middlesex And give Livery only in London the Lands in Middlesex will hardly pass Had they lain all in one Shire though Remote it had been a good seisin of All. In natural Conscience doubtless they are Convey'd by the same Intent Compriz'd in the same Deed and the Consideration the same yet the great Oracle of Polity the Law will not allow of the one though it tolerate the other Conscience guidable by Law A Bond defeasanc'd to murder J. S. is void but a Feoffment Condition'd that the Feoffee take a Purse on Black-Heath the Estate is indefeatable though the Condition be impudent and bindless So A Grant that the Grantee shall not Alien nor be Pernor of the Profits the Estate Compleatly good though the Provisoe be trifling and illegal an obligation in both Cases Concords with Law For a more Familiar Diversity If an Infant or Mad-man steal or kill unless wittingly and maliciously they shall not be impeach'd But in Trespass for a Corporal Hurt they may be impleaded and punish'd too So In Felony if the Principal die or be pardon'd before Conviction the Accessary is quit But in Trespass 't is simply otherwise For If J. S. abett his servant to strike J. N. or burn his House if the Abettee die yet the Action of Trespass or Conspiracy stands good against the Abettor In these Points according to the sages of Political Reason Law from Diversity of Law arises the Diversity in Conscience which ought to be lead by the Amber Chain of Reason that is Law And not by the Hempen Cord of Fanatick Opinion Thus may we see with half an Eye indeed if blinder then a Beetle how Insolent and Groundless Pretence of Conscience is represented by the Perspective of Refin'd Reason that clean and blanch'd Reason doth not regard every Scullion frantick Humour nor will it be rul'd by the Distaffe so it respects the safety of the Church the Common Peace 't is sufficient to be engrav'd in every Breast and obey'd by All but Rebels and Pagans Par. 117. A good Conscience Regulable by Law TO come more close to the Saints to prevent rude Sallies on Divinity let 's agree the Conscience the Reflex of the soul or Nuntio of the Diety garbling the good Objects from the Bad the white Angels from the Tawny Ad vulgus or in a secular sence 't is still but Winnowed or Exalted Reason Law which must be Hammer'd and Regulated by Magistracy and since Oracles are ceas'd the voice of God silent what other Asyle can there be 't is true the Power Divine in the Throne of Diety the Soul is still vocal though not Articulately to the Ear yet Intrinsically by the Impulsives of Nature to the Conscience his speaking by Supremacy must be Recorded and as to Externals the Dictates of Fann'd Reason Law ought to be obey'd A Citation before an Incompetent Judge dangerous To instance this by a Case If J. S. be Excommeng'd in the Court spiritual for matter of Temporal Cognizance which properly belongs to the Crown and Dignity Royal He must be Assoil'd without making satisfaction if the Plea be continued a Premunire may endanger the Party litigant and Iudge too So If a roguish Royster lay violent paws on a Clerk Handling Him somewhat roughly with Blows the Battery is soly Determinable in the Court Temporal the Rudeness to the Person Pour ingetter les violent mains sur luy in the Court Christian At Common Law Dato that a Lease by Deed is made to J. N. Remainder to the Right H rs of J. S. with Livery too according to the Form of the Charter Here 's a good Estate to vulgar Reason in Conscience but in Law the Remainder if J. S. be then living flutters without a Wing and is void The like Lessee for 40 years takes another Lease for 20 years Conscience intends to inlarge his Interest to 60 to make it up a round number of years equivalent to a solid Estate However his Condition is worsted and in Law here 's but an Estate for 20 years Thus Conscience must comply with Law if not the Law will be more then Angry fling and bite too Par. 118. No Faultiness in the Law WHY should sublimated Reason the Law be storm'd or flouted at being no way Factious having no side no by-ends no leaning or Respect to any I confess 't is past ordinary Cunning to encounter this Monster to reduce Schism to the lines of Mediocrity to submit to legal Prudence and Authority Spuriousness of Zeal to spurn at Law The world is come to a fine pass huge Hopes of Saint-like Times when the Spindle and the Prong every blober-lip'd Wise-acre not a Flight quoad Intellectuals above a Plant-Animal must question Acts of State And not only demur in Obeying but manfully jocund Himself in Resisting 't is neither grave nor safe to romp and wherle through Thick and Thin lege inconsultâ without Advising with legal Discretion to plunge themselves in needless Troubles The Law marches slow but discharges swifter then Pegasus Par. 119. Single Conscience must Conform to the Vniversal I 'Me ignorant of the Reason why a Private Conscience should not comply with the Publick that is the Law Provided it be no way Pernicious overtly polluted with superstition not Incongruous with the Word