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
B02809	Duplies to the petition and replyes given in to the Commission of Parliament for Fines and Forefaultures, by Alexander Munro of Bear-Crofts	Monroe, Alexander, fl. 1691.	1691 (1691)	Wing D2647A; ESTC R174884	15,189	18

of the other Three as the Law does specifickly require and amongst others Mr Monro is adjoined to Mr John Hay Gratis Anno 1764 The KING being informed that this was against Law and as some said inconvenient He by a Royal Letter to the Session as a just Executor of the Law requires the Lords to reduce these Offices to their lawful Constitution and Number But according to His Clement Nature did also prescribe that these who in consonancy to Law were to be removed should have a Gratification given by the other who was to remain in each Office at such a rate as the supreme Judicature of the Nation should judge fit The Session giving dutiful Obedience to the Royal Will in reducing this matter to the Rule of the Law They modifie no less then the full of what was by custom payed for such an Adjuncts Office at or before that time viz. 7000 Merks to each There is no doubt these who were judged fittest to be removed would rather have kept their illegal possession then take this sum But they could not but think their removal was ordered with Clemencie when as by Law they might have been set off from their illegal Possession without the reimbursment of their inconsiderable Advance yet to be re-imbursed of it and enjoy their gain whilst they possest tho to the Laesion of the other Clerks on whom they were intruded and accordingly they went off in acquiescence But if two who bought their Office did so how well satisfied should Mr Monro have been who not only entered illegally and more illegally than the other two but also gratis And albeit he would rather have kept the Office yet he shewed full acquiescence 1. By using no Protestation nor interpellation to the sentence 2. By homogating it in receiving the Price 3. By a Legal Disposition of all such Right Title as he had to another And 4 by acquiescing for 14 years in this transaction And 5 by a voluntar exercing another Office in that very Court inconsistent with his being a Clerk viz. Of an Advocate without Protestation or Insinuation that he had so much as any pretence or an eye to the Clerkship One who were not versed in the Novel of Mr Monro's Replyes and knew nothing but Law and Reason would think that if there was Injury done to any in all this Affair it was to Mr John Hay on whose Office Mr Monro was obtruded And when the KING restored him to his Right that yet he behoved to pay for this Justice and to one who had no legal Tittle to it and who gave nothing for it had Mr Monro so much of pretence it had sav'd his Lawyers the expences of a great deal of mistake both in citation and application of Laws However Mr Hay goes from the Office Sir Thomas Murray being Clerk Register what should now be done A Clerk is necessar for the Kingdom and exercise of Justice Mr Monro puts in no claime on his notable Tittle and I dare say Sir Thomas Murray did not guess that he could not place one in that Office without hazard of being a Concussor a Robber or some other of the Replyer's Epithets In the name of sport the Clerks place must vaik till Mr Monro think fit to desire it or until he sit down in his Chair Sir Thomas did not know this Obligation he Commissionates another whom he and the Session judged fit and receives a good deed for it viz. 100 Pieces more then Mr John Hay did give for the half of it to Mr Monro He serves the Leidges but what 's payed him for his Service He must by this New Natured Logick pay it in to Mr Monro who Served none Interpelled none and Exerced two other lucrative Imployments at the time inconsistent with this Service of a Clerk And not only so but to the as good he must remove and yield his Place to Mr Monro I hope under the pain of Quadruple For so the Edict prescribes against the unwilling Restorer and no doubt the now Clerks are not frank to Restore hastily Well Tarbat as the Replyer doth shortly call him comes thereafter to be Clerk Register and in his time Actions were multiplyed and it was judged by many not unfit that there should be two in every Office Tarbat advises it and finds the Judges of this Opinion He Represents it to the King who gives his Consent but so as by a Letter to lay it before the supreme Judicature who found that because of the standing Law this could not be done without the consent of the Three who were in Office and they consenting Three were adjoyned Tarbat did not by Vertue of a Clause contrait to a standing Act of Parliament take a Liberty to add one or more in these Offices But Tarbat according to the Law did add one to each with the consent of him to whom he was added And whereas the Clause creept in to the Clerk Registers Commissions was no narrower than to allow him to add one or more Tarbat did take care in the Act of Parliament 1685 That the power of Adding tho with consent should not exceed one of Addition And all this while Tarbat can Declare he never heard or thought of Mr. Monro as pretending to be a Principal or Adjunct Now How comes Tarbat to be called or concerned in this Process if it be for Restitution of what was payed to him in case of Eviction he protests to be heard against that in time convenient since on hitherto uncontraverted grounds of Law he will make it evident that non tenetur de evictione of what he got quatenus in officio and that against the Repetition when urged But he presumes it Legally impossible That Deputes can be in the least hazard from so wild a Claim not only not founded but opposite to all Law Justice and Reason And is far from doubting That the Right Honourable Court of Parliament will take severe Animadversion of so scandalous and calumnious Plea's which indeed as much as in the Pretender lyes reflects as far on the Justice of that Court as can possibly be done by bringing ridiculous Claims to vex the Leiges As if that High Court could not soon discern what every Person of common sense cannot but discern As to which Lybel and Replyes so full of the darkest mistakes of Law and Lawyers and so stuft with Paralogisms in Law and Solaecisms in Grammar He will make no Answer that being with far more Learning nor is proportionable fully made by the Clerks in their Answers and Duplies to the Petition and Replies And albeit he knows himself not reachable in the particular yet your Lordships will I hope allow him to expostulat for redress against such Injuries to Subjects to Laws and to our Soveraignes For as to our selves perhaps Record cannot instance so calumnious a Plea Sometimes the Adversaries gives their Action the name of Concussion another time of Quod metus causa and sofurth I may say with Cato in salust Jam pridem equidem nos vera rerum vocabula amisimus If there was Concussion will the Possessor sine crimine be decerned against before a Concussion be proved And can a Concussion be proved Judicially without so much as citing a Concussor For they are not yet so ridiculous as to alleage that the now Clerks were the Concussors Well if they miss of a Concussion it must be found reduceable ex capite metus But where is the Violence not so much as one threat alleaged to dimit the Office no not a Legal Execution nor possibility of one to force an Homologation And yet both Dimission Disposition and Homologation so voluntarly granted without a shaddow of Coaction must be reduced ex capite metus Is not this unparellel'd calumnie and ridiculing of our Laws intollerablie But to make up all Concussion Violence Robbery And all the Black Names is sum'd up at last by the Replyer in this It was done by the Letter of a King who because he writes to his Senate to Reduce Enormities and illegal Invasions of Rights to and according to the Standing Laws and that by no extrajudicial Edict nor new erected Court nor extraordinary Commission but by the Ordinar Supreme and best loved Court of the Nation So far from shewing Anger at the Persons that in Rectifying the wrong he gratifies them by Reward rather than Punishment And so far from Threats that Gentler Expressions could not be Adapted to excuse the faults of a Child than was used by this Father of the Country to these transgressors of his Law But this is treated with no more Civil Name then Concussion And in plain Terms a KING for so Just so Clement so moderate so beneficial execution of the Just Laws is branded with the express Character of a Concussor a Robber a Tyrant which touching so rudely on the lawful exercise of the Soveraign Power as not only to Defame a late Glorious King Uncle to both Their MAJESTIES But with a most Criminal Insolence to Pannel Kingship And to Attacque the Monarchie in its most Eminent Rights Therefore to conclude The Viscount of Tarbat Does Humbly Intreat Your Lordships to consider this Invasion of the Royal Honour and Power as a matter worthie of Your Notice And Desires that no Progress be made in this matter which wholly depends on the Kings Soveraign Power And the Execution thereof until His Majesty be informed of the nature of this pursute wherein His Honour and the Right of the Crown is so deeply concerned And Humbly Offers and Proposes as a Subject a Peer and a Member of Parliament That His Majesties Advocate Solicitor or their Substitutes may be consulted in so high a Point And that inquiry be made for the Authors of this scandalous Criminal Lybell And further Humbly Offers to Yours Lordships Consideration if the Cause do not require that the Authors and Spreaders be secured untill His Majesties Pleasure be known herein