Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	estate_n	parliament_n	2,433	5	7.1853	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50735	The speech of Sir Audley Mervyn, knight, His Majesties prime Serjeant at Law, and speaker of the House of Commons in Ireland delivered to His Grace James Duke of Ormond, Lord Lieutenant of Ireland, the 13 day of February, 1662, in the Presence-chamber in the castle of Dublin : containing the sum of affairs in Ireland, but more especially, the interest of adventurers and souldiers.	Mervyn, Audley, Sir, d. 1675.	1662 (1662)	Wing M1893; ESTC R904	35,291	43

Evidence against her own Husband Privilegium non valet contrarempublicam A Master of a Ship laden with Merchants Goods may cast them over-boord but if he be laden with Ammunition Ordinance c. of the Kings to relieve his Army or Gartison he cannot justifie to fling them over-board though the Vestel and Mariners lives are at the stake Bacons ma. pag. 17. But is not the set●lement of the Kingdom of more worth and that depends upon the faithful discharge of Evidence then a particular Garrison Propos 18. That where any person or persons provided for to be restored by particular name to any Estate that such person or persons shall not be admitted to claim the same under or by any other way or means then is laid down in such Clause in the said Act wherein he or they are so particularly named May it please your Grace this humble Proposal is one of the Poles upon which the Act of Settlement moves and it hath its particular aspect upon the Clause in page 21. of the Act in which several persons are particularly named and afterwards it is said thus viz. We do hereby declare That they and every of them without being put to any further Proof shall be restored to their former Estates according to the Rules and Directions in the last fore-going Clause of this Our Declaration concerning such as continued with Us or served faithfully under Our Ensigns beyond the Seas Now Sir we have considered that fore-going Clause VIZ. That such persons shall be restored to their former estate a Reprize being first assigned and legally set out of the remaining forfeited Lands undisposed of to such Adventurer or Souldier or other person before named of equal value worth and purchase to the Estate out of which such Adventurer or Souldier or other person aforesaid shall be soremoved So that it appears clearly none of these persons are intended by the Act to be restored without a praevius Reprisal first set out And they are as to the manner of their Restitution placed in the Catalogue of those that served beyond Seas under his Majesties Ensigns Though nothing can be clearer yet Sir be pleased to observe how in order to the Design of this Clause several other Clauses in the Act are particularly framed for the execution of it In page 26 of the Declaration where the Rules of Precedencies in restitution were set down they are included in the provision made for such as served abroad c. or otherwise they were totally left out But it was but reasonable since their manner of Restitution was limited according to the resti●ution of those that served abroad that they should be included with them and it had been meer surplusage to have men●ioned them Now Sir to proceed in page 37. of the Act there is a particular Clause for the further making the former Clause practicable viz. In the next place you are to take care that the Adventurers Souldiers or other persons possessed of any of the Estate or Estates of such persons to whom We have by our said Declaration assigned a particular favour and are in a distinct branch thereof by Name expressed be Reprised as in our said Declaration is expressed and the said persons restored to their former Estates from the time that such Adventurers or Souldiers shall be so Reprised And be pleased Sir to observe least this intimation might not be directory enough it concludes observing always the former cautions and provisions in our said Declaration expressed referring to the said persons restoration that is pag. 20. A praevious Reprisal being first set out One might think here were a particular Act of Parliament from themselves assertaining under what terms they were to enjoy their Estates But in the perclose of the whole Act pag. 118 119. Provided also and be it further Enacted by the Authority aforesaid That in case Reprtsals shall fall short whereby persons mentioned and appointed in the said Declaration and this Act to be restored without being put to any further proof This is the Character that denotes the same persons cannot or shall not obtain or receive the full benefit intended them Sir be pleased to observe there was no other benefit intended them then it shall and may be lawful for the Lord Lieutenant or other chief Governour or Governours and Council for the time being and they are hereby authorised to order appoint and make distribution amongst them of the same satisfaction or restitution allotted them in such proportion and method as they shall judge most equal and just consideration being had of the conditions and pretences of the several persons concerned Nevertheless according to the Rules and Directions of the Declaration concerning them in all other Points and particularly of that of Praevius Reprise or Reprisals which Order and appointment of theirs shall be final and observed by the Commissioners appointed or to be appointed for the execution of this Act any thing therein contained to the contrary in any wise notwithstanding Thus Sir your Grace sees how the Interest of these persons so named is fenced and bounded throughout the Act so that indeed the final determination of their Interest cannot be adjudged no nor the Interest of any one of them assertained till the value of Reprisals appear before your Grace and Council and then your Order shall be sinal and directive to the Commissioners And it closeth home with Any thing contained to the contrary notwithstanding Now though this be so they are beginning to leap over the hedge and putting in the strongest fore-mast and wave all these Clauses and put in their Claims upon the account of Innocency upon which they had once an election to have relyed upon but now it is determined by this Clause The reason that induceth them is plain for if they should be judged Innocents then they are restored without any consideration of Reprisal If they be judged nocent then they will keep this Clause for a Retreat But Sir I am commanded by the House of Commons humbly to offer your Grace their Opinion that this is contrary to the whole course and reason of Law in the general and very illusory to the main Design of the Act and in the opening this Point I have command to be an humble Suitor to your Grace for your patience his Majesties In●erest as to his Revenue and the Protestants Interest being so highly concerned 1. Sir We presume it will be allowed That an Act of Parliament binds all persons for all persons are parties to it 21 H. 7.4 nay my Lord Cook Institut 4. p. 4. tells us that multitudes are bound by an Act of Parliament which are not partie to the Elections of the Knights Citizens and Burgesses as all that have no Freehold 2. Freeholders in ancient Demeasn 3. All Women having Freehold or no Freehold 4. Men within age c. A fortiori then those are bound by this Act to which they themselves in person have given their assent

the Kings Plaintiff and the Defendant claims by Feoffment and to prove it duly executed desire some depositions taken at York might be allowed the Court refused it because the original of the depositions were gone so as the King must fight with weapons assigned him by his adversary Godbolt 439. so if the Plaintiff cannot find his witnesses to give testimony viva voce then he is as it were dead unto him and his depositions in an English Court betwixt the same parties may be read to the Jury It is further observable that in Tryals the Law allows evidence according to the necessity of the subject matter If the Lord distrain for Escuage and the Tenant pleads that he was with the King in Scotland it shall be tried by the Certificate of the Marshal of the Kings Host Littelt sect 102. If in avoydance of an Outlawry it is alledged he was at prison in Burdeaux it shall be tryed by the Certificate of the Major of Burdeux 1 Institut 74 Moor 451. The issue was upon full age and two Church Books were given in evidence But it may be objected That it would seem hard that Depositions taken by usurp●d Authority should be good I answer The same reason that warranted judicial proceedings in those times to be confirmed may allow these onely the reason is stronger in our case because the matter of fact hath been so shifted that the truth can appear no way To this I add That by the Act of Settlement they are allowed the words are these And whereas several of your Majesties Subjects by whom as Instruments the said rebels were totally subdued dyed in the time of your Majesties absence beyond Seas Act Settl p. 2. be pleased to observe this was in the time of the usurped Power for supply of the then pressing necessities and to prevent the further desolation of your Majesties Kingdom here necessitas vincit legem Enquire into the Authors Actors and Abettors of the said Rebellion and War and this was by Offices Examinations c. And after much deliberation amongst themselves and advice from others had thereupon did dispossess such of the said Irish Popish Rebels of their said Lands Tenements and Hereditaments as they found guilty of and to be engaged in the said Rebeltion or War and did withall distribute and set out the said Lands c. Your Grace may observe in this Clause here is the Guilt the Proof the Judgement and Execution concerning the Rebels Lands and the date of those proceedings is during his Majesties absence and yet this is laid as the Ground-work of that Clause which vests the Lands in the King for all the Characteristical Letters of forfeited Lands in the fourth and fifth pages of the Act of Settlement are the manner and ways of seising sequestrating distributing allotting c. of those Lands under that power for either that way must have been observed or otherwise the Irish being a consederated Body associated by Oaths establisht under a Democraty And lastly conquered by Arms must and of right might have been according to the Law of Nations condemned in gross It is to be feared the King will encounter many Deeds and Settlements and lewd Witnesses it is but reason he should defend himself by his own that are just And if out of Acts of Usurped Powers his Majesty set●les the peace of his Kingdoms it is but a part of Royal Chymistry out of poysonous Minerals to extract a Cordial Propos 3. That such Proclamations or any Act of State as have declared any person or persons and their Adherents Rebels before the Cessation in this Kingdom 1643. by his Majesties Authority shall be good Evidence in the Kings behalf against such person ●r persons to the Impeachment of their Innocency before his Majesties Commissioners for Execution of the Act of Settlement A Proclamation is part of the Kings Prerogative and obtains in cases of necessity the force of a Law and is therefore sometimes termed Lex temporis 11 H. 7.33 a If the King proclaim a Tilting to be held and one kills another in that Exercise this Proclamation shall be good by Pleading or Evidence to excuse the Felony The King by Proclamation may inhibit the Subject to go out of the Realm f. n. b. c. 85. c. and if the Subject doth against it it is a contempt and he shall be fined and since it is a Law to fine it will be good Evidence to justifie it It was no time for Sheriffs in the ordinary course or Law to make Proclamations in order to Outlaries when without an Army it was hazardous to march two miles from Dublin His Majesties Proclamation of the 1. Jan. 1641. invites them to lay down their Arms and forbear all further Acts of Hostility Col. 34 Pag. If this Proclamation from Mount-Geball will not take place that from Mount-Gerezzin must And we never yet received an instance that any embrac't those offer of mercy but though his Majesty hung out a white Flag they advanc't one of red I shall onely add this that it seems reasonable that if his Majesty by name declares J. S. to be a Traytor and to be prosecuted with Fire and Sword in such case if any good Subject should destroy the said J. S. he shall be indempnified by the Proclamation why then admit J.S. have escaped to this day I say if no intervenient Act of Grace from his Majesty obviate it this Proclamation may sorely impeach his innocency that might have warranted me to take away his life Propos 4. That where by any Order or Orders of the House of Commons since 1641. and before the first Sessions of this present Parliament any of their Members upon the account of the Rebellion have been adjudged to be rotten Members and fit to be cut off and have Ordered the Speaker of the said House to direct his Letter for the issuing out of Writs to supply their places That such Orders shall be allowed as good Evidence to bar such person or persons of their innocency It is first to be observed this extends no further then to the Members of their own House And your Grace may remember the Parliament fitting several Sessions after the Rebellion ahd reason to enquire what became of the far greater part of the House they found many English murthered the ways for travelling obstructed for such as survived or otherwise they were engaged in his Majesties service for defence of this Kingdom the Irish they expected after Order upon Order with their names publikely affixt whereupon they did conceive one or more Orders expressing the names of such persons who upon their own knowledge were ingaged in the Rebellion The House of Commons is a considerable Grand Jury it s a good Billa vera they return Their Orders are Records 4 Institut 23. and that appears also by 6 H. 8. c. 16. where the words are viz. And the same Licence be entred on Record in the Book of the