Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	law_n	supreme_a	2,673	5	8.8525	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41882	The Great case of the justices stated and determined touching their duty of putting the laws in execution, whether dissenters were indulg'd or not, or, A discourse concerning the oath of the justice of peace, explaining the extent of its obligation : being a case universally seasonable, in regard to righteousness, peace, and the prosperity of this nation.		1688 (1688)	Wing G1672; ESTC R43213	15,063	84

This I take to have been his Native Judgment and whatsoever his Adventitious Practice might be upon the Scene-altering there are none but must confess both alike favourable at the time of his Declaration to his Loving Subjects which is not so many Years past as to be out of our Remembrance rightly according to a Mans Conscience not erring intollerably is instead of Vice and Ill-doing I do ask How can the Justice be bound by his Office to do that which does prevent the Institution it self But let us suppose a Justice of Peace who is of the mind that the Dissenters are ill Men and their Conventicles not to be endured I pray let me see this Justice as Zealous also against Prophaneness Swearing Drunkenness and Debauchery of all sorts which are Offences against the Law and alike Punishable by him or else if the Man be so Hot for Restraining Meetings but Cold for Repressing Vice I can hardly think that what he does is done meerly out of Conscience of his Oath There is a Law That a Nonconformist may not abide within Five Miles of a Corporate Town What now if his business brings him thither and he cannot possibly live else Is this a piece of Evil-doing unto which the Ruler should be a Terror Suppose an Informer should come to a Justice of Peace and Swear against a Brewer for Brewing with Hops There is a Law made against That as I have taken it up though it may not be in the ordinary Book of Statutes which pretends only to Collect those which are fit for use and the Justice Swears He will do his Office after the Statutes of the Realm I will ask now Upon what account can any equal Justice dismiss such a Brewer and not Punish him upon that Complaint but he may upon the same dismiss a Nonconformist who is accused of being in a Corporation notwithstanding his Oath If a thing be not Evil it is against Righteousness to Punish it No Law but must give place to Righteousness no Oath can bind against it I would put it here to the question Whether the not coming within Five Miles of a Corporation as the Brewing without the Ingredients of Beer be matters of that Nature as ought to be brought within the Sanction of a Law any more than that a Man shall not make Water against a Wall Quod non habet rationem publici commodi non potest proecipi lege humana I would make it a Moot Case at the Inns of Court as well as a Probleme in the Schools What is unreasonable methinks should be against Nature and cannot be commanded for a Law seeing Laws are grounded upon Reason I will not be so bold as to averr That the Execution of such an Act does Clash with Magna Charta Nullus liber homo capiatur imprisonetur aut disseisietur de tenemento vel libertatibus utlegetur exulatur aut aliquo modo destruatur nisi per legem Terrae But if it does but clash with that which ought to be the end of every Commandment The end of the Commandment is Charity it will be more certainly enough to take off the obligation from the Conscience See Dr. Taylor Duc. Dub. l. 3. c. 1. r. 3. But I must advance a step farther I do not apprehend only That when the Execution of a Law will not consist with the Law of Nature or God's Word that is with Religion and Moral Good but when it will not stand with that Political Good which the Law intends the Magistrate is not in that case to observe it For when the King and his Justices are bound to see the Execution of the Laws they are not to be look'd on as Blind Brutish Executioners of them but that they must judge of them on necessity so far as concerns their own acting about them The King must judge whether the matter be good for his passing the Law. The King and Justices must judge whether it be still good as to the Execution Nay every single Man must Judge of the Laws made so far as concerns his own Obeying them seeing If he be bound to do nothing that is ill he must likewise be bound before he does any thing to satisfie himself whether he does ill or no as is very honestly said though in an adverse Book Entituled Toleration Discuss'd which came out about the same time with the Book at first intimated but not named By the way We must upon necessity observe here the Case being brought on to this state That the King as well as the Justice is concern'd in it There is therefore the Positive and Negative Power of the King and there are matters Civil and Ecclesiastical It is true That the Government of England is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Government Regulated by Laws and that the King can Positively do nothing but according to Law But there is this other thing to be known and considered also That the great Law the Supream Law in all Polities is the Common Good. And in the use of that Power which is Negative or in Suspending his own Act which the not permiting a Process in his Name or the granting a Nolle prosequi I think is no other in the Execution of his Government at least in matters Ecclesiastical wherein he hath all that Authority given him by the Statute as the Pope ever had a Prince is never to be said Not to Govern according to Law when he does only give Preheminence to That which is the Greatest the Weal of the Community Salus Populi Suprema Lex esto And thus much being said in referrence to the King Let any one that please reason what will follow in regard to the Justice who is but an Officer I suppose under Him to act in his stead and in his Name If the Magistrate then to go on whether Supream or Subordinate does judge that such or such a Law be good and good to be executed that is That the Execution of it will tend to the Publick Good which is intended in it as in all Laws it must be and that it is not inconsistent with Religion or Morality in which case the Superiour Law does vacate this then is he to look to himself and what he hath Sworn knowing that God will not hold him Guiltless that beareth the Sword and much less him that taketh his Name also in vain But if he judge sincerely in his Conscience That the Execution will not be for the Good but rather Hurt to the Government and the People though otherwise the thing be not unlawful I do apprehend the Execution of his Office in this case does lye in the Non-Execution of that Law if the Higher Powers be contented and he shall do his Duty by leaving such work undone I have heard that some Judges in their Charge to the Jury have given Directions to Prosecute the Dissenter upon One Statute of the Queen and not upon some Other which in effect is a suspending that Law at