Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	act_n	king_n	parliament_n	4,725	5	6.6957	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50856	That the lawful successor cannot be debarr'd from succeeding to the crown maintain'd against Dolman, Buchannan, and others / by George Mackenzie ...	Mackenzie, George, Sir, 1636-1691.	1684 (1684)	Wing M206; ESTC R19286	31,910	82

Act of Parliament has justly observed For clearing whereof it is fit to consider that in all powers and jurisdictions which are subordinat to one another the Inferiour should obey but not alter the power to which it is subordinat and what it does contrary thereto is null and void And thus if the judges of England should publish edicts contrare to Acts of Parliament or if a Justice of Peace should ranverse a decree of the judges of West-minster these their endeavours would be void and ineffectual But so it is that by the same principle but in ane infinitly more transcendent way all Kings and Parliaments are subordinat to the Laws of God the Laws of Nature and the Laws of Nations And therefore no Act of Parliament can be binding to overturn what these have established This as to the Law of God is clear not only from the general dictats of Religion but 28 Hen. 8. cap. 7. the Parliament uses these words For no man can dispence with Gods Laws which we also affirme and think And as to the Laws of nature they must be acknowledged to be immutable from the principles of reason And the Law it self confesses that naturalia quaedam jura quae apud omnes gentes peraequè observantur divina quadam providentia constituta semper firma atque immutabilia permanent § sed naturalia Institut de Jur Natural § singulorum de rer divis And when the Law declares that a Supream Prince is free from the obligation of Laws Solutus legibus which is the highest power that a Parliament can pretend to or arrive at Yet Lawyers still acknowledge that this does not exeem these Supream powers from being lyable to the Laws of God nature and nations Accurs in l. Princeps ff de Leg. Clementina pasturalis de re judicatâ Bart. in l. ut vim de justitiâ jure Voet. de Statutis Sect. 5. Cap. 1. nor can the Law of nations be overturned by private Statutes or any Supream power And thus all Statuts to the prejudice of Ambassadours who are secured by the Law of nations are confess'd by all to be null and the highest power whatsoever cannot take off the necessity of denuncing warr before a warr can be Lawful And Lawyers observe verie well that these who would oppose the common dictats of mankind should be look't upon as enemies to all mankind My second argument shall be that the King Parliament can have no more power in Parliament than any absolute Monarch has in his own Kingdom for they are when joyn'd but in place of the Supream power sitting in judgement and therefore they cannot in Law do what any other Supream and absolute Monarch cannot do For all the power of Parliaments consists only in their consent but we must not think that our Parliaments have ane unlimited power de jure so as that they may forfeit or kill without a cause or decerne against the Subjects without citing or hearing them or that they can alienat any part of de Kingdom or Subject the wholl Kingdom to France or any other Forraigne Prince all which deeds would be null in themselves and would not hinder the partie injur'd from a due redress For if our Parliaments had such power we would be the greatest slaves and live under the most arbitrary Government imaginable But so it is that no Monarch whosoever can take from any man what is due to him by the Law of God nature and nations For being himself inferiour to these he cannot overturne their statuts Thus a Prince cannot even ex plenitudine potestatis legitimat a Bastard in prejudice of former children though they have only but a hope of Succession l. 4. sequen de natal restituend and for the same reason it is declared in the same Law that he cannot restore a free'd man restituere libertum natalibus in prejudice of his Patron who was to succeed though that succession was but by a municipal Law For clearing which question It is fit to know that the solid lawyers who treat jus publicum as ARNISAEUS and others do distinguish betwixt such Kingdoms as were at first conferr'd by the People and wherein the Kings succeed by contract and in these the Laws made by King and People can exclude or bind the Successor And yet even here they confess that this proceeds not because the Predecessor can bind the Successor but because the People renew the paction with the succeeding King But where the Successor is to succeed ex jure regni in hereditary Monarchies there they assert positively that the Predecessor cannot prejudge the Successors right of Succession Which they prove by two arguments First that the Predecessor has no more power nor right than the Successor for the same right that the present King has to the possession the next in Blood has to the Succession And all our Laws run in favours of the King and his Heirs and no man can tye his equal or give him the Law par in parem non habet dominium The second is that it were unjust and unequitable that the Predecessor should robbe his Successor nulla ergo sayes Arnisaeus Cap. 7. Num. 5. clausula Successori jus auferri potest modò succedat ille ex jure regni And Hottoman lib. 2. de Regno Galliae asserts that in France which is a very absolute Monarchy Eaquae jure Regio primogenito competunt ne Testamento quidem patris adimi possunt And thus when the King of France design'd to break the Salique Law of Succession as in the Reigne of CHARLES the V. It was found impracticable by the three Estates and when Pyrrhus was to preferre his youngest Son to the Crown the Epirots following the Law of Nations and their own refus'd him Paus. lib. 1. In the year 1649. Also Amurat the grand Seignior having left the Turkish Empire to Han the Tartarian passing by his Brother Ibrahim the wholl Officers of that State did unanimously Cancel that Testament and restore Ibrahim the true Heir tho a silly foole Which shewes the opinion not only of Lawyers but of whole nations and Parliaments Tho vander Graaff an Hollander confesses that it is not Lawfull to choose any of his Sons to succeed him in which the general quiet of the Kingdom is much concerned And therefore tho the next Heir were wiser braver and more generally beloved Yet the more immediat must be received as choos'd by God whither good or bad and as honored with his Character And if Kings could have inverted their Succession and choos'd their own Successor Saint Lewis had preferr'd his own third Son to Lewis his eldest and Alfonsus King of Leon in Spaine had preferr'd his Daughters to Ferdinand his eldest Son And Edward the VI. of England had preferr'd and did actually preferre the Lady Iean Gray to his Sisters Mary and Elizabeth And if Successions especially of such great importance had not been fixed by immutable Laws of God and nature the