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	tyrant_n	3,396	5	9.9720	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A06266	A breefe discourse, declaring and approuing the necessarie and inuiolable maintenance of the laudable customes of London namely, of that one, whereby a reasonable partition of the goods of husbands among their wiues and children is prouided: with an answer to such obiections and pretensed reasons, as are by persons vnaduised or euil persuaded, vsed against the same.		1584 (1584)	STC 16747; ESTC S108799	17,003	50

A BREEFE Discourse declaring and approuing the necessarie and inuiolable maintenance of the laudable Customes of London Namely of that one whereby a reasonable partition of the goods of husbands among their wiues and children is prouided With an answer to such obiections and pretensed reasons as are by persons vnaduised or euil persuaded vsed against the same AT LONDON Printed by Henrie Midleton for Rafe Newberie 1584. Iuris ciuilis de consuetudine Axiomata siue maximae Consuetudo vim habet rei Iudicatae Consuetudo est optima legum interpres Conuentio consuetudo vincunt legem Consuetudo firmata est vbi simili aliquando contradicto Iudicio quid est obtentum seu Iudicatum Caepta vsucapio vel praescriptio per defunctum continuatur per haeredem cum in omne ius defuncti succedat haeres Profunda requie humano generi prospexit vsucapio Barto Vsucapio est quies periculi solicitudinisque litium Cicero A BREEFE discourse declaring and approuing the necessarie and inuiolable maintenaunce of the lawdable Customes of London WE finde it necessarie in all common wealthes for subiects to liue vnder the direction of Lawes constitutions or customs publickly knowen and receiued and not to depende only vpon the commandement and pleasure of the gouernor be the same neuer so iust or sincere in life and conuersation For that the Law once enacted and established extendeth his execution towards al men alike without fauour or affection whereas if the word of a Prince were a lawe the same being a mortall man must néedes bee possessed with those passions and inclinations of fauour or disfauour that other men be and sometimes decline from the constant vnremoueable leuell of indifferencie to respect the man besides the matter if not to regard the person more than the cause Wherfore it was wel agréed by the wisest Philosophers and greatest politicks that a dumme lawes direction is to be preferred before the sole disposition of any liuing Prince both for the cause afore touched and for other reasons which I will here omit But to descend to the particularities of my intention and to treate of the validitie and inuiolable obseruation of some laudable I might terme them sacred customes being the principall ioyntes and verie sinowes of all good corporations and fellowships and being also the mainteiners of a sacred vnitie and natural amitie betwéene the husband and his wife the parentes their children which as Aristotle the wise Philosopher termeth it is the beginning of a citie For what is a citie but a manifold and ioynt societie consisting of many housholdes and liuing vnder the same Lawes fréedomes and franchises so I must néedes confesse them to be the procurers causes of sundry good effectes to the general estate of the citie wherein they be obserued as of the other side they may bréede sundrie inconueniences in such a citie where the same are violated and broken with allowance and impunitie I will therfore shortly shewe the nature of a Custome and the difference which it holdeth from a publicke Lawe And next I will declare how necessarie the same are to manage the gouernment and to entertain the prosperitie and traffique of this citie and namely that one good custome which I entende to speake of Lastly I wil endeuour to aunswere those pretensed reasons and coulourable obiections made against the precise maintenance and defence thereof First then I suppose that a Custome which iustly deserueth that name is of no lesse reuerent regarde and authoritie than a written lawe passed and allowed in Partliament which notwithstanding I doe graunt that there are certaine differences betwéene a lawe and a custome for the Custome taketh his force by degrées of time and consent of a certaine people or the better part thereof but a lawe springeth vp in an instant receiueth life from him that is of soueraigne authoritie to cōmand A Custome enlargeth it selfe by plausible entertainement and acceptable circumstances of time occasion with generall liking and allowance whereas a Law is commanded and published by power and receiued by dutifull constraint and that often against the good-will of them that are bounde by it for which cause Chrysostome not improperly compared the Custom to a King and the Lawe to a tyrant Moreouer the Custome doeth neither promise a rewarde for obseruation nor inflict a punishment for violation therof wheras the Lawe alwaies importeth either a consideration of gaine or a terror of punishment or damage if the same be not a Lawe of enlargement or permission that disanulleth the prohibitions of a former Lawe Finally a Custome is applyed to the commoditie of some one prouince circuite or citie and grounded vpon a speciall reason of conueniencie or cōmoditie for those persons or place where it is obserued whereas the Lawe hath a generall reason See 34. H. 8. B. custome 59. A mā may not prescribe or plead a custome per totam angliam for that is cōmon law no custome otherwise if the custome had beene pleaded to be in such a citie or countie as Gauelkind Gloc. Fee and such like extended to the whole Nation bound by the same without priuate consideration of the due importances of any peculiar place or people Therefore it is well saide and put in vre by the common Lawyer Quod consuetudo ex rationabili causa profecta priuat communem legem That a Custome grounded vppon reasonable and honest consideration abridgeth or altereth the iudgement of the cōmon Law So that in Customes the estate or condition of the people are to be respected and such Customes as are consonant to reason and most appliable to the estate and qualitie of such people are to be allowed For example the Custome of Boroughenglish Burchenglish yet in force in sundrie places of Englande whereby the younger sonne is to inherite his fathers lande hath taken strength by this reason that the father may if he be not careles and secure to doe his children good traine vp his elder sonnes in some good trade or occupation by which they may bee able to get their owne liuing whereas the youngest by the impotency and tendernesse of his yeares may be perchaunce vnapt and vnable for such instruction And so the Custome commendable that prouideth for the reliefe of the young and impotent Also by an olde custome of this lande in sundrie boroughes and townes landes were deuisable by wil though the Lawes of Englande pronounced such deuises to be voide and the reason was But see now the statute of 32 H 8. ca 2 and 34. H. 8. c. 5. of Explanation for that inhabitants of Boroughes or Cities whose traffique and trade resteth much vppon mutuall trust credite are oftentimes indebted at the time of their death Wherefore it was thought méete that they might deuise their lande for the due satisfaction of their creditors which to do they were enabled by the Custome In Kent and other places of this lande the Custome of Gauelkind