Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	law_n	parliament_n	repeal_v	2,928	5	12.0628	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70545	The two great questions whereon in this present juncture of affairs, the peace & safety of His Maiestie's person, and of all His Protestant subjects in his three kingdoms next under God depend stated, debated, and humbly submitted to the consideration of Supreme Authority, as resolved by Christ.	Lawrence, William, 1613 or 14-1681 or 2.	1681 (1681)	Wing L693; ESTC R9	8,773	17

Heir may be Declared without Summons of the Collateral and that this doth sufficiently Exclude the Collateral from the Succession but this Declarator doth neither Exclude the Collateral Heir from Summons or Hearing for though the Parliament do not actually Summon or give him notice yet their Proceeding in Voting a Protestant Successor is so Notorious and Publick it gives sufficient and general notice in Law to all Persons pretending any Right and Liberty to address themselves to make their Claim and to be heard on the same and time likewise before it can pass the Negatives of the other House and the King Answ 2. This is Conform to the Judicial Proceeding in ordinary Courts of Justice wherein is allowed Admissio Tertii propter interesse The receit of a Third Person if he will address himself by Petition to have his Right heard Answ 3. This is Conform to the Proceedings in Fines wherein if the Party Interested will make his Claim he shall be heard But if he neglect it is his own fault and he is concluded by Non-claim and this is held just in private Rights much more ought it to be and greater necessity there is allowable Finem Litibus imponere in Publick Rights of so great Consequence as Successions to the Crown wherein it is sufficient if Liberty is allowed to Pretenders to make their Claims and to be heard though there be not those delays of Time and Formalities allowed as in Discussion of private Rights the same being inconsistent with the imminent Dangers of Kingdoms But an Act of Exclusion of Right neither allows notice in Deed or Law nor what time may without danger be allow'd for Hearing nor Admissio Tertii propter Interesse nor Claim to be made But takes away the Right of Parties interested sine facto aut defectu contrary to the common Rule Nemo debet rem suam sine facto aut Defectu suo amittere Obj. 7. An Act of Exclusion may be of any Person from Succession in Elective Kingdoms without Summons or Hearing But the Three Kingdoms are Elective Kingdoms therefore an Act of Exclusion from Succession may be without Summons or Hearing Answer It is acknowledged That the Kingdoms of England Scotland and Ireland and of all other Nations have been originally Elective by the People till by the assent of the same People the same were by Positive Laws made Hereditary And as to the Positive Laws of Great Britain not only the Common Law but the Acts of Parliament are full and clear in it That the Succession of the Crown is Hereditary to the King 's Eldest Sons is particularly enacted in the Statute 25 E. 8. cap. 2. De Proditionibus And by the Statutes of Kenneth the Third and Malcolm Mackenneth the Second as related by Buchanan Lib. 6. Rer. Scot. p. 191. 196. And Anno 10 H. 7. a Right profitable Act was made before Sir Edward Poynings then Deputy or Provost in Ireland whereby it is Enacted That all Statutes late made within the Realm of England concerning or belonging to the Common or Publick Weal of the same from henceforth be deemed Good and Effectual in the Law and over that be accepted used and executed within this Land of Ireland in all Points at all times requisite according to the Tenor and Effect of the same And Coke saith 4 Part 351. That Hill 10. Jac. Regis It was resolved by the two Chief Justices and Chief Barons That this word late in the beginning of this Act had the sense of before so that the Act extended to Magna Charta and to all Acts of Parliament of England made before this Act of 10 H. 7. And by consequence to the Act of 25 E. 3. cap. 2. So that by the Acts of Parliament both of England Scotland and Ireland nothing can be more clear than the making the Succession of all the Three Kingdoms Hereditary to the King 's Eldest Son So 1 Eliz. cap. 3. A Recognition is made by Act of Parliament that the Crown lawfully descended to Queen Elizabeth as the next Lineal Heir to H. 8. And 1 Jac. cap. 1. The like Recognition is made by Act of Parliament of the Descent of the Crown to King James as lawful Heir from H. 7. Unless therefore these general Acts of Parliament of England Scotland and Ireland so antiently made and the particular Acts of Recognition of two Protestant Parliaments so lately made all declaring the Succession of the Crown to be Hereditary be first repealed by new Acts this Objection That the Kingdoms are Elective contrary to both Common and Statute Law will signifie nothing Reasons for the Negative 1. It would be very dishonourable to the Protestant Religion and the Supreme Court which ought to give Example of Justice to Inferior Courts to do any thing Injust And though Parliaments in time of Popery De facto used to Exclude men of their Rights and Condemn them without Summons or Hearing and the same is continually practised by the inhumane Cruelty of the Romish Inquisition yet thanks be to God it never was nor we hope will be practised by any Protestant Parliament neither was it in time of War it self but there were always Commissioners of Claims to hear private Rights and if the Publick were necessitated to make use of them or to change private Property or Possession to Publick benefit they made according to Conscience full compensation in value to the Owners 2. The Exclusion of Princes from any Right without Summons and Hearing gives a Dangerous Precedent to Exclude all meaner Subjects from their Rights without Summons and Hearing neither is it possible Magna Charta and the Petition of Right if they fall as to one can stand as to the other 3. His Majesty and the Major part of Protestants in his Honourable Parliament will never assent to any thing Injust or Dishonourable It were vain therefore to attempt it 4. It will be inconsistent with Humane Society and destructive to Innocent and Guilty Papists and Protestants alike 5. It will give a pretence to Foreign Popish Princes and Inquisitions to justifie their barbarous Proceedings against Protestants beyond Sea 6. The Talio of a Legem quam Tuleras feras may in the Interval of a Parliament be return'd by the Prosecution and Power of Papists in publick Offices Military and Civil on any Member of Parliament as was on Tho. Cromwell Earl of Essex who sollicited and pressed the Judges to give an Extrajudicial Opinion that the Parliament might attaint a man of High Treason without Summons and Hearing which was soon after executed by H. 8. on the said Earl of Essex himself who solicited the said Judges to deliver such Opinion which shews that Malum Consilium est Consultori pessimum on which Coke 4 Part fol. 37. hath these words I had it of Sir Thomas Gawdye Knight a grave and Reverend Judge of the King's Bench who lived at that time King H. 8. commanded him to attend the Chief Justices and to know

Whether a man that was forth-coming might be attainted of High Treason by Parliament and never called to answer The Judges answer'd That it was a DANGEROUS QUESTION and that the High Court of Parliament ought to give Examples to Inferior Courts for proceeding according to Justice and no Inferior Court could do the like and they thought that the High Court of Parliament would never do it But being by the Express Commandment of the King and by the said Earl pressed to give a direct Answer They said That if he be Attainted by Parliament it could not come in question afterwards whether he were called or not called to answer And albeit their Opinion was according to Law yet might they have made a better answer for by the Statutes of Magna Charta cap. 29. 5. E. 3. cap. 9. and 28 E. 3. cap. 5. No Man ought to be Condemned without answer c. which they might have certified but facta tenent multa quae fieri prohibentur the Act of Attainder being passed by Parliament did bind as they Resolved The Party against whom this was intended was never called in Question but the first Man after the said Resolution that was so attainted and never called to answer was the said Earl of Essex whereupon that Erroneous and Vulgar Opinion amongst our Historians grew That he died by the same Law which he himself had made The Rehearsal of the said Attainder can work no prejudice for that I am confidently perswaded That such Honourable and Worthy Members shall be from time to time of both Houses of Parliament as never any such Attainder where the Party is forth-coming shall be had without hearing of him 7. The Papist cannot be pleased better nor any thing more for his advantage done than by Act of Parliament to Exclude the Collateral Heir without Summons or Hearing because he knoweth the next Parliament for him will make the Act of Exclusion NULL and VOID though they can alledge no other Reason for Error than that he was not according to the LAW of GOD NATIONS NATURE SCRIPTURE MAGNA CHARTA and PETITION of RIGHT Summon'd and Heard as appears was done in a great Case concerning Thomas and Henry Earls of Lancaster which is thus recited Coke 2 Part. fol. 48. Thomas Earl of Lancaster was destroyed That is adjudged to Die as a Traitor and put to Death in 14 E. 2. and a Record thereof made And Henry Earl of Lancaster his Brother and Heir was restored for two Principal Errors in the proceeding against the said Thomas 1. Quod non fuit araniatus ad Responsionem positus tempere pacis eo quod cancellaria aliae curiae Regis fuer ' apertae in quibus Lex fiebat unicuique prout fieri consuevit 2. Quod contra cartam de Libertatibus cum dictus Thomas fuit unus parium Magnatum Regni in qua continetur and reciteth this Chapter of Magna Charta specially quod Dominus Rex non super eum ibit nec mittet nisi per Legale Judicium par●um suorum tamen per Recordum praedictum Tempore Pacis absque arainamento Responsione seu Legali Judicio parium suorum contra Legem contra tenorem Magnae Chartae Here appears that an Act of Parliament made purposely to exclude Thomas Earl of Lancaster and his Brother Henry Earl of Lancaster from the Crown is made Void and Null by a Parliament called after by Henry who succeeded and was after King Henry the Fourth on assigning no other Errors but these Two Viz. 1 That he was not Arraigned nor brought to answer though it was in a time of Peace when the Chancery and other the King's Courts were open in which Justice was done to every one as hath been accustomed to be done 2. Because against the Charter of Liberties when the said Thomas was one of the Peers and great Men of the Kingdom and recited the Chapter of Magna Charta especially That our Lord the King shall not pass upon him nor condemn him unless by the Lawful Tryal of his Peers yet by the Record aforesaid in a time of Peace without Arraignment Answer or Lawful Tryal of his Peers against the Law and against the Tenor of Magna Charta c. he was Condemned And such Exclusion without Summons and Hearing will advance the Reputation of the Title of the Collateral Heir and disparage and draw suspition of weakness on the Title of the Lineal Heir because men use not to deny Hearing to any but to those whose right is better than their own and whom they are not able to answer but by stopping their Mouths and not suffering them to prove or dispute against their own false pretences So did Edward the Fourth deal with Sir John Mortimer whom he could not deny to be true next Lawful Heir to the Crown as Coke relateth 4th Part fol. 38. And saith as evil was the proceeding against Sir John Mortimer third Son of Edmond the second Earl of Marsh descended from Lionel Duke of Clarence who was Indicted of High Treason for certain words in effect That Edmond Earl of March should be King by Right of Inheritance and that he himself was next Rightful Heir to the Crown after the said Earl of March wherefore if the said Earl should not take it upon him he would And that he would go into Wales and raise an Army of 20000 Men c. which Indictment without any Arraignment or Pleading being meerly feigned to blemish the Title of Mortimers and withal being insufficient in Law as by the same appeareth was confirmed by Authority of Parliament And the said Sir John being brought into the Parliament without Arraignment or putting to Answer Judgment in Parliament was given against him upon the said Indictment That he should be carried to the Tower of London and Drawn through the City to Tyborn and there Hanged Drawn and Quarter'd his Head to be set on London Bridge and his four Quarters on the four Gates of London as by Record of Parliament appeareth Rot. Par. 2. H. 6. Nu. 18. 8. Admit the Law should be proved doubtful in the point whether an Act of Exclusion may be lawful or not yet the Rule is undoubted quod dubites ne feceris when the same end may be better obtained in a way not at all doubtful it would seem therefore very contentious to cast all on a Querie in Law to spare the labour of so small a Punctilio as Summons when the same may be done with less labour and the proceedings made clear and indisputable in Law by giving it 9. Admit an Act of Exclusion might possibly be proved Lawful in some case of Necessity without Summons yet it is a Rule Non recur ●itur ad remedium Extraordinarium nisi deficit ordinarium it is already shewn Here is no such case of Necessity The time is of Peace and not of War the place is in the High Court of Parliament and not in the Camp 10. It were a

very dangerous thing to Expose so great a Treasure as SALUS POPULI to such Disputes as nothing can resolve but the Sword when God hath vouchsafed so great a Mercy as a Protestant King and Protestant Parliament giving so great Hopes of satisfying all desires just honourable and necessary to publick Safety in Peace QUEST 2. Whether an Act of Oblivion ought at present to be granted both to the Lineal and Collateral Heir of the Crown and their Adherents Aff. Objections against an Act of Oblivion Obj. 1. If an Act of Oblivion should pass then will all the Prisoners in the Tower and other Prisons charged with Treason be again let loose All Jesuits Seminaries corrupted Judges Spiritual and Temporal Donatees Pensioners Seisers or Receivers of the Publick Treasure Magazines and Arms would be cleared from all account and restitution and Papists be in better Condition than Protestants Answ No Act of Oblivion useth to be without Exceptions which the King and Parliament may insert as it shall please to direct them Obj. 2. Papists though dispossessed of Publick Offices Forts and Fleets yet may retain their old and provide new Arms in secret for the Field which is more dangerous for the Forts will again open their Gates to him who Conquers in the Field and the Fleets return again to his Possession who takes the Sea Towns there can be no Security therefore against Papists but Banishment which cannot consist with an Act of Oblivion Answ 1. Banishment is not necessary of Lay-Papists seeing the Acts of Parliament have already banish'd their Priests and Jesuits and made it High Treason for them to come into or remain in England or Ireland without whose Diabolical Temptations there appears no reason why the Lay-Papist should not desire the Peace Safety of their Native Country their own Estates and to injoy their Conscience Liberty and Property as free from Violation as the Protestants do themselves rather than hazard all they have on the Event of Rebellion or Invasion Answ 2. Banishment is either imposed as a Punishment or a Policy if as a Punishment it is unjust and contrary to Magna Charta to Banish before Summons and Hearing for that will punish the Innocent and Guilty alike If the Banishment is for Policy this seems most unpolitick For first this inforces all Potent Papists to fly to a Foreign Enemy who is ready to receive and form them and their followers into an Army and to joyn his own Forces with them against their own Country 2. This gives them a good Cause or pretence to fight against their Country with Foreigners in a se Defendendo and for Recovery of their own and to associate themselves on the same or like Grounds as Protestants have associated 3. It is that which the subtle Jesuit desires to draw the unpolitick Protestant to that seeing he is himself Banished by the Law that an Army of English Papists may be Banished with him that so he may turn head with them on those who have made them desperate by the Injustice of making no distinction between the Innocent and Guilty and to take the Resolution of Vna salus victis nullam Sperare salutem Touching which Histories are full of Examples of Kingdoms destroyed by the Banishment of but one single Person and much more by drawing many into a wrongful Exile Very much more might be answer'd of the Danger of so deceitful an Expedient against Papists which for Brevity is here omitted Reasons for an Act of Oblivion 1. It being proved before That no Act of Exclusion ought to be without Summons and Hearing it necessarily follows that whosoever is Summon'd before any Judge to be heard he ought to have Protection eundo morando redeundo and Summons ad Forum non tutum may justly be excepted against and a Protection only eundo morando redeundo is insufficient to make Forum Tutum without an Act of Oblivion 2. It cannot be hoped that the Papists being in possession by their Agents of so much of the Arms and Forces by Land and Sea and the Protestant disarmed will deliver up their Arms and hazard their Lives on a Tryal of Law without an Act of Oblivion 3. Difficile est in tot humanis Erroribus sola innocentia vivere An Act of Oblivion may be as safe and necessary for the Protestant as the Papist unless they both intend to play off their Heads one to another alternis vicibus as they did in the late Civil Wars by the running of the Dice to make sport for Foreigners 4. Histories are full how all Intestine Discords Seditions Treasons Rebellions Civil Wars and in particular the late unhappy Civil Wars in the Three Kingdoms have been accorded and their Continuance prevented by Acts of Oblivion and the happy Restauration of His present Majesty and Peace in Three Kingdoms made and Established by the chief means next under God of an Act of Oblivion ERRATA Pag. 13. line 21. read shall please God to direct them