Selected quad for the lemma: enemy_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
enemy_n	advantage_n	great_a	time_n	1,691	5	3.1967	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56774	A warning-peece for England being a discovery of a Jesuiticall design to dismember Wales from England, to the ruine of both : together with undeniable reasons and arguments, proving the indispensable necessity of appeals from Wales to the courts at Westminister ... : humbly tendred to the consideration of His Highness the Lord Protector and his council / by a well-wisher to the peace and tranquility of this nation, P.P.	P. P., Well-wisher to the peace and tranquility of this nation.	1655 (1655)	Wing P94; ESTC R14189	14,057	36

A WARNING-PEECE FOR ENGLAND Being a Discovery of a JESUITICALL Design to Dismember WALES from ENGLAND to the ruine of both Together with undeniable Reasons and Arguments proving the indispensable necessity of Appeals from Wales to the Courts at Westminster By Certiorar Writs of Error Habeas Corpus Quo minus Subpaena's out of the Exchequer and Subpaena's out of the High-Court of CHANCERY Established by severall Acts of Parliament Humbly tendred to the Consideration of his Highness the LORD PROTECTOR and his Council By a Well-wisher to the Peace and Tranquility of this NATION P.P. LONDON Printed for N. Ekins and are to be sold at his Shop in St. Pauls Church-yard 1655. IT hath been and of late a much used Maxime Divide impera In order therunto persons ill-affected to the publike peace by reflecting too much upon their own advantages do imploy their endeavour to sever Appeals from the Cognizance or Jurisdictions of the Courts of Westminster therby to be within themselves absolute Masters of their own desires with little heed looking back upon the common Enemy that by these Wiles insensibly insnare them under pretence of advancing themselves to ruine the whole Government For the Wisdom of our Predecessors purchased our Union with much expence of Blood Money and Time to prevent those great Inconveniencies that the inconsiderateness of some probably of themselves excusable will inevitably draw upon us by an intention they have to petition the Supream Power to bar the Inhabitants of Wales of the benefit of those Writs of Appeal Certiorar Writs of Error Habeas Corpus Quo minus and Subpaenas out of the Exchequer and Subpaenas out of the High Court of Chancery established by so many Acts of Parliament And for the continuance of an usurped Chancery in Wales the inconveniency wherof briefly appears by the ensuing Treatise A WARNING-PEECE FOR ENGLAND AS it is sayd of Tenures That all Estates are held mediatly or immediatly from the King or Supream Magistrate So it may in as apposite a Sense be affirmed of Judicatory power that all Jurisdiction is subordinate to the Supream Authority There is and ought to be in one and the same Common-wealth or Empire a certain Scale of Judicatory continued in an orderly concatenation of Superiority and Inferiority until there be at last a concentration of all in that ultimate Right of Soveraignty He that shall contradict this Subordination of Powers seems in my judgment equally obnoxious unto censure as those that shall maintain that there ought to be no order or degree amongst particular men all power is either Ordinary and Originall or delegated and without peradventure the power delegate ought to be dependent upon that from which it is deduced to pretend authority in the lower Spheares of delegated Jurisdiction that shall be unresponsall to the higher is little better then a criminall and contemptuous arrogance which truly I can call no lesse then a degree of Deniall to the Supremacy it selfe that the Summa potestas should be secured with this Life-gard Maxime of Policy Immunity of punishment and unquestionablness for Error I would readily allow as conceiving it rationall and agreeable to the rules of the Government for there must be a sons Justitiae a Dennier resort upon whose determination all litigant and dissenting parties must quietly sit down and acquiesce But to set up particular inferior Magistrates of what condition soever in such Paramount Stations as to be exempt from the benefit of appeals as it is a solaecisme in Government without President so would it tend to nothing but to gratifie the supercillious minds of corrupt and ambitious men and consequently set up so many Exorbitant Dictators in the place of Judges who may exercise their Arbitrary wills and tyrannies and grind the faces of the people cum privilegio 'T were to be wished that all such as are reall freinds and relate to that Jurisdiction of Wales would addresse themselves to those that sit in Judicature in the Welsh Counties and therby to represent seriously to their consideration how fatall and perilous a thing it is to any Court or Jurisdiction to seek to advance their own authority by incroaching upon another power especially where that power is the Superior Many fresh instances might be produced in these latter times of severall Courts that have had their downfal from this Pinacle of Vsurpation Let the Councell of the Marches for all the rest be mentioned for one single Memorial monument of the unhappinesse of this Error other Examples I omit the truth hereof being notorious enough to the most careles observer I am really perswaded that 't is not the unanimous opinion of all those judges that ride the Welsh Circuits that those Writs of Certiorar Habeas Corpor. and Writs of Error c. should not be allowed But am assured that the most of them More Majorū do acknowledge their Subordination and dependance which is an argument to me more cogent then a Demonstration that they that promote this project for abolishing these Writs for I can call it little better are agitated by assed by some private intention to a grandize themselves rather then upon pure and honorable principles of conveniencie and zeale to the publike welfare before such attempts as these t is known those Courts of Wales continued in great splendor and reputation under the power and management of wise moderate and Learned Judges and Officers But if now they shall not containe themselves within their antient Land-Markes those Earthen potts may it is to be feared be broken in peeces by dashing against those that are of more solid Materialls what the pretenders of this innovated priviledge for exempting the inhabitants of Wales from appeale upon Writs of Error Habeas Corpor. Cerciorar c. being the antient rights of the people can say for themselves is beyond my apprehension to conceive To affirme that it is against Law would smell of grosse or willfull Ignorance or else which is worse affected Arrogance For 1. It is a sufficient reason in Law that the practice ever since the erecting the Jurisdiction in Wales hath warranted Certiorar and in these times when those parts were supplyed with as learned Judges as any the Nation afforded and for writs of Error the Statute of Wales directs where they shal be brought Viz. in personalls in the Marches in mixt and real at Westminster as for Criminall causes It is the opinion of the most learned Lawers of this Nation that Certiorar upon the Statute of 26 H. 8. cap. 6. do lye in Wales for removall of all Inditements for Felonie Murther Man-slaughter and other Offences there committed to be tryed in the next adjacent English County And that by the same Statute any of the Inhabitant of Wales may be indited and tryed in the next adjadent English County for a Fact committed in Wales The practice wherof being frequent in cases arising as well in North-wales as South-wales and many presidents might be instanced

his brothers who contrary to his duty the last great Sessions neglected the Prosecution of the said Malefactors And further deposeth that he was credibly informed that the said Malefactors and their Complices did way lay this deponent to take away his life in his Journey to London this term Thomas Watkins Sworn the 15th day of May 1655. before me Hen Roll. REes Gwyn of Llanlloelvell in the county of Brecon Gent. maketh oath that this deponent being indicted for Barretry in the County of Brecon upon the malicious Prosecution of some of his adversaries and finding his Prosecutors too potent in that County where he could not expect to receive an indifferent and faire tryal this Deponent did sue forth a Certiorar out of this Court of Vpper-Bench returnable Michalemas Term 1653. in order to a fair tryal in an indifferent County and delivered the same with the Fee to John Corbet Esq then and yet Justice there who allowed the same this deponent paid the Prothonotaries Fees for certifiing the Record that this deponent being before taken on proces to appear that Sessions and having given bond to the Sheriff for that purpose and appeared and had his writ of Certiorar as aforesaid allowed The said Iohn Corbet did afterwards threaten to extreat the said Bond unless this Deponent would wave his Certiorar which he was forc'd to do to save the suing of his said Bond which nevertheless was sued And this Deponent coming to tryall on his Traverse and twenty four able men returned by the Sheriff the said Iohn Corbet did lay aside the said Jury and caused another Jury to be immediatly Impanelled who were many of them this Deponents professed Enemies and one of them Viz. William Vaughan one of the grand Jury-men who had first-found the Bill by which means this Deponent was found guilty and fined by the said Iohn Corbet 200 l. and ordered to be Imprisoned untill he should pay it And after some time of restraint this Deponent was discharged out of Prison with a purpose as this Deponent believeth to levy the Fine on his Estate which in part was effected and about the value of 40 l. of his Goods seised and sold for about 16 l. wherby he endured a double punishment for one supposed Crime and this Deponent having since by advice of Counsell taken out a Writ of Error in this cause returnable in Hillary Term last did deliver the same to the said Iohn Corbet at his own then dwelling place and tendred him his Fee which he refused to allow And in Hillary Term last this Deponent renewed the said Writ returnable in Easter Term last and again tendred him the Writ and his Fee at his then dwelling place which he refused then to allow But wished this Deponent to tender it in Court at Brecon Sessions then next following and there he would allow it In pursuance wherof this Deponent did in Brecon Sessions held in April last as well in his Chamber as in open Court tender him the said Writ his fee which he refused to allow And this Deponent further deposeth that on his said enlargment he was forced to be bound with two able Sureties in a Recognizance of 400 l. for his appearance the first day of the last great Sessions in Brecon and in the mean time to be of the good behavior Notwithstanding this Deponent hath as he doubts not but to make appear performed the Condition of the said Recognizance and duly appeared and attended in Court every day of that Sessions and untill it was adjourned yet since there is a Scirifacias sued out on the said Recognizance By all which waies and means this Deponent is in danger to be ruined in his Person Credit and Estate The said Iohn Corbet having declared he would address himself to all the Judges of Westminster and would use his utmost endeavour to have this Cause determined and concluded by and before himself and none other And this Deponent is credibly informed and doubts not to make it appeare that the said Iohn Corbet so far appeared herein against this Deponent that he sollicited the extending of this Deponents Lands and Goods for the payment of the said Fine and applyed himself to severall persons for that purpose Rees Gwyn Sworn 7th day of June 1654. before me Hen Roll. Between Rees Gwyn Gent. Plaintiff John Corbet Esq Defendant THe Plaintif Rees Gwyn maketh oath that since he this Deponent delivered the first writ of Error unto the Defendant Corbet which was in Michaelmas Term 1653. he this deponent hath expended in Journyes to London and otherwise to force the Defendant to return the Writ of Error and Record into this Court of Vpper-Bench above one hundred pounds and upon the delivery of the last Writ of Error to the Defendant he demanded his Fee for allowing the writ in a jeering manner using these words in open Court No penny no Pater Noster And although his Marshal in his presence and by his approbation received six shillings eight pence as a Fee therin he the said John Corbet hath not yet returned the same though he then promised to return it All which rends to this deponents great damage and prejudice Rees Gwyn Sworn the 22. day of Feb. 1654 Edwin Rich. THese things being premised what man of reason can esteem it convenient to debarr that Nation of so high a Birth-right as the benefit of Appeals to the Courts at Westminster by Certiorar Habeas Gorpus Writs of Error Quo minus and Subpaenas out of the Exchequer and Subpaenas out of the High Court of Chancery To conclude all if this ancient Right and Freedom be taken away the Inhabitants of Wales will be deprived of the most considerable branch of liberty that belongeth unto them I am perswaded partly know that many of the most ingenious amongst them of considerable estates there wil be inforced to sell their Inheritances forsake their own native Country rather then live under such an Arbitrary power as is herein before demonstrated which to a noble or ingenious mind will be a greater bondage then to serve in the Callies as a conquered Slave FINIS