Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	king_n	law_n	positive_a	3,676	5	11.2679	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A97207	Eight reasons categorical: wherein is examined and proved, that it's probable, the law-common will stand. And continue at London & Westminster: humbly tendred to the consideration of all ingenuous men; and for the incouragement of students. By Albertus Warren Gent.	Warren, Albertus.	1653 (1653)	Wing W951; Thomason E703_11; ESTC R207144	4,278	8

EIGHT REASONS Categorical Wherein is Examined and Proved That it 's probable THE LAW-COMMON Will Stand. And continue at LONDON WEST MINSTER Humbly tendred to the consideration of all ingenuous Men And for The Incouragement of Students By Albertus Warren Gent. June 30. LONDON Printed by E. Cotes for John Place at Furnivals Inne-Gate in Holborn 1653. Eight Reasons Categoricall c. TO mention the Antiquity of our Common Law is not herein materiall neither the unequall'd wisdome of it comparing it to the Laws of neighbouring Nations It is sufficient to prove its excellency If I say the Law never had an Enemy who understood it But whether the Body or Essence of our Fundationall Common or Municipall Law is like rebus sic stantibus to receive any considerable change or no is the Quaerie in the first place Secondly whether our Judiciall Courts of the Common Pleas and of the Upper Bench the former whereof handleth properly Disputes at the Common Law the latter frequently though sometimes improperly the like also be like to continue where they are or not with some inconveniencies hinted if they be removed elsewhere Reason I There is not any reason why a sober man should suppose the Law will receive any considerable alteration Because it tyeth all our Inheritances and Purchases together as a convenient cord of Love and Discretion And truly very few Suits arise upon the Realty for Titles of Land for this I know where one Action is brought upon a Disseisure or any pretence of Title in Fee or otherwise for the Land it Selfe Reversion or Remainder of it an hundred are brought for Personall Injuries Debts not of Record Trespasses c. For which last many pregnant remedies are allowed if the party injured can prove or will swear before a Justice in the Countrey Now the end of Actions so allowed is to curb mens hearts and passions who would otherwise quarrell every hour and shed bloud Clear enough it is that as to the matter of Title what famous Littleton said long agoe is so Aphoristicall and indeed to the Intelligent perspicuous that very rarely as the Learned observe any of his Positive Judicials admit of Dispute And if we well consider who they are who most Carp at the Law they are either Turbulent spirits pleased with no Government or else Vulgar heads perhaps men on both sides of small estates and illiterate The common Law disturbeth few of quiet spirits or of low estates the Vulgar hath not wherewith to work its own ruine by Law onely there is that unsatisfied first Generation whose aim is to make out their own malice by Law vexatious a fault in themselves not in the Law I am so far from admiring there are so many Enemies to the Law that I wonder there are no more since every man desireth his Cause shall passe for him As if the Law ought not to speak to all alike Reason II The greatest men of these modern times claim and hold all their acquired Estates either by matter of Record or free Grant or by Purchase legall from the former Owners thereof or legally from the Quondam Body Politick of this Nation The Law is their defence and safety every discerning man hath heard there was a legall vestment of the Forfeited Estates of Delinquents first in the Trustees for the State and from them derived to the Purchasers and that way the present Indefeasible Estates of the Souldiery are vested in them They have reason to maintain that Law So indulgently loving and profitable so strong a ligament of their ffortunes It is evident Reason III that there is a kinde of mutuall Harmony and Sympathy in all Titles whatsoever as to their respective holding of some Paramount Lord immediate or mediate And this is such a Branch of the Common Law as cannot without infinite inconveniencies be changed or cut off from it All men naturally love Superiority But from the highest to the lowest we do daily accuse one another Reas IV I say and will prove undeniably against any civill opponent that our common Law in its very naturall Bent and constitution is idoneous fit and adaequate rather for a Democratick government Aristocratick Annually elective Government or Praetorian if need be then for a Monarchiall because it left little Arbitrarinesse to the Kings of this Nation which I make a fault in that government In the Regall times none could be Nomotheticall none could regularly provide for present exigencies in the State but by a triplicity of power in Parliament The Judges were then as now they are only vested with a Declaratory power of the Lawes Energie Some necessities there are sometimes in states absolute present necessary and these men say may dispence with the very Laws of Nature much more with any positive humane Law for the safety of the People The question never was whether we or any other people ought to be governed by an Arbytrary power for there must be an Arbitrary power some where else where will Salus populi be at a pinch But in whose hands it ought to be What extraordinary and illegall Acts the King committed were so illegall because he must have convented that triplicity of power to make them legall here lay the first rise of our politick quarrels and therefore Kings must be and were alwaies at variance with the Common-Law But now the present Governours in esse posse are and must be in a legall capacity and that immortally during every intervall to act for imposing of Taxes raising the Militia c. if you granted the King the Militia as inherent ratione Politicae or naturalis capacitutis yet had he little money The Law was not for him it did hinder him in the execution But our present Governours I say without more adoe do not offend the letter of the Law in rationally providing for the people because they are above the Law of men and taken collectively to those ends aforesaid else we should be in an hostile condition as Mr. Hobbs well observeth The Army is as it were necessitated to maintain the Law Reason V And indeed their keeping upright of the Common Law is a good Argument of the Armies putting a prudentiall difference as to the sacrednesse of some protests of maintaining the Lawes of this Nation for distributive Justice between those obligations some men had put unwarily upon us for preserving the regall interest contrary to the freedome of natures Law which sheweth that al●egeance and protection are correlate and contrary to the nationall engagement which tyeth me to a government then establisht in effect to obey my superiours so the sound word of God had said before it was but a commemoration of the Apostles Precept and between their own protests that they would maintain the fundamentall lawes and therefore although the King might be within some stipulations yet might he recede from their reciprocallity exactible on his part and so was he charged by some acts disreciprocall and those Acts

gave men in power over him liberty to cancell any supposals of his restitution But for the Armies promise for maintenance of the Law which though a wise thing could not be mutually stipulatory being as dead matter taken abstractedly it is the same Lawes cannot commit any crime The Army will maintain and love the Law for its constant and unshaken prudent constitution for our people under the present government Reas VI Lawyers did generally receive discountenance and were capable of aspersions of disrespect while the late Parliament sate because it was strongly presumed how truly I know not that divers Lawyers then in power had retarded many things in reference to the Publick either out of vain fears or something worse Interests That case is now altered and God hath mightyly appeared in owning the proceedings of the Councels now on foot and mens spirits are more still Parcite paucorum crimen diffundere in omnes Reas VII Admit some things may well be mended in the Body of the Law and many Statutes rectified and some things in the practick part want the hand of reformation It is far easier to mend the practise then for to make new Lawes of property which the wisdome of so many ages have refined so many notable men have studied whereby generally our Law seemeth the most incomparable reason in the world subnixt with the Laws of Nature the equity of the Jewes Law Judiciall and in nothing I know of disagreable to Gods word or any Christian Phylosophy Reas VIII There is no way left because not convenient for the kidney of the times for support of necessary Learning better then by maintaining of the Law for by the Study and Practise of the Law there being preferments gainable that way the necessary Art of artificiall reasoning will be yet higher improved hence are men incouraged in the breding of their sons at our Innes of Courts those excellent confluence of wits and hence our Universities will be eased of many pragmatick young heads after some gradation and study there in generall Learning We may well add that this way of propping up the sagacity of wits with legall instigations of profit and honour maketh much for not at all against the Sons of Mars or there interest in all imaginable respects in reason as to the honour of the Nation abroad whereof the Army seemeth very tender to the keeping of busie heads within the large spheare and latitude of legall studies while things purely Nationall are transacted by our Superiors As to the presenting of their own issue when Peace shall triumph in the three Nations joyned happily in one Republick into places of trust and judicature But especially as before hinted for fixing and establishing their owne possessions accrewed unto them by the merit of their Arms and Valour joyntly with other men Titles And that this is the designe of all wise Politians he that runneth may read we shall be degrees come to know that the Gentry where well fixt are very significant in England with them when the Souldiery well agreeth Floriceat Respublica the Law and marriages in time will wipe all pristine indispositions away betwixt them Reason IX I shall propound to all lovers of England what an irreparable decay and impoverishing to two parts of the Nation at least the removall of the Judicatory Courts from London into the Country would be London is the chief Mart and Empory of the three Nations The place where all trading upon the matter concenters hence Money presently for payment of an Army Souldiers Land and Maritine may be raised Armes at 2. houres time to be had against any Forraign invasion which God forbid yet our sins cry loud to heaven This is a City situate upon our Queen of Rivers opposing by the convenience of shipping from hence France our ancient Enemy The very glory indeed London is of the English Nation for its admirable civill Sanctions and way of Goverment what if I say without its help things could not possibly have been as now they are shall we dismember our Trade and weaken it into Nookes Will our Superiors think you ruine myriads of Families Will they suffer those gallant fringes of London the majestick Suburbes of this thrice noble City to be depopulated All these must and a thousand other mischiefs follow should the Law be Courts removed But whether would some rash heads have the Carried Into the Country we are so troubled already with Country Jurors that for the most part one cunning knave carryeth all the rest right or wrong which way he pleaseth And some of late have got a trick to carry Sugar Plumes or Raysons of the Sun in their Pockets they will starve the rest but the cause shall go after their wishes I have but this to say though these are but hasty draughts together where the Law is defective or redundant where the practise of it is either prolix chargeable or uneven where apparent disfavours are cast upon Defendant In a word where the same principles upon equall and adequate reason the matter whereunto they are tyed being identicall are not suffered or do not but accidently produce the same effects in Law Theorick and Pracktick where corruption is crept in or mens cunning have started subter suges let all such excrescencies be pared off and with great care lest in one houre more hurt come to the liberty of the subject then can be repayed in an age Nihil simul Natum et perfectum est FINIS