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A Short Account of the Authorities [Bound With] The Lord Chief
1688. A Watershed Case Concerning Royal Prerogative at the Time of the Glorious Revolution Herbert, Sir Edward [1648?-1698]. A Short Account of the Authorities in Law, Upon which Judgement was Given in Sir. Edw. Hales His Case. Written by Sir. Edw. Herbert. Chief Justice of the Common Pleas, In Vindication of Himself. London: Printed for M. Clark, 1688. 39, [1] pp. [Bound with] A[twood], W[illiam] [c.1650-1712]. The Lord Chief Justice Herbert's Account Examin'd By W.A. Barrister at Law. Wherein it is Shewn, That Those Authorities in Law, Whereby he Would Excuse His Judgment in Sir Edward Hales His Case, Are Very Unfairly Cited, And as Ill Applied. London: Printed for J. Robinson, 1689. [ii], 72, [2] pp. Quarto (7-1/2" x 6"). Recent flexible marbled boards, printed paper title label to spine. Light toning to text, faint dampstaining along foot of text block, light soiling to title pages, internally clean. * Only editions. These two items, bound together in a previous deteriorated old binding, relate to a watershed case concerning royal prerogative. This case involved Sir Edward Hales, a Roman Catholic, who was convicted in 1686 at the Rochester Assizes for holding a military commission without taking the sacrament and the oaths of allegiance and supremacy of the Church of England, which were required by the Test Act. Hales said he was exempted because he was given a dispensation by King James II, a Catholic. Shortly afterwards, in a test action arranged by opponents of the king, Hales's coachman brought a collusive case against him in the Court of King's Bench, ostensibly to get a bounty for turning in a non-conformer. The case was argued before Herbert, who threw out the case. Moreover, his decision declared, without qualification, that kings of England are sovereign princes and that the nation's laws are his laws. The King is entitled, then, to dispense with penal laws in particular cases, such as Hales's failure to submit to the laws prescribed by the Test Act. Ultimately, the king himself is the sole judge of the laws of Great Britain. This verdict provoked a wave of controversy, and with it a torrent of pamphlets. A Short Account is a response to An Enquiry into the Power of Dispensing with Penal Statutes by Sir Robert Atkyns, which pointed out defects in Herbert's legal reasoning. Atwood's
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Last Found On: 2014-12-26           Check availability:      Biblio    


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