Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	according_a	law_n	parliament_n	2,488	5	6.5410	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69269	The speech of the Lord Chancellor of England, in the Eschequer Chamber, touching the post-nati	Egerton, Thomas, Sir, 1540?-1617.	1609 (1609)	STC 7540.5; ESTC S100270	40,281	132

And whatsoeuer the Spirites the Learning the Wisedome and Knowledge of all the others vpon long study could affoorde was put into the mouth of those few to serue as Organs and Instruments to deliuer it vnto vs which they haue so well and sufficiently performed that they deserue great praise and commendation For in my poore opinion the witte of man could not deuise to say more touching this Question in Lawe than they haue saied And whatsoeuer hath beene sithence spoken for that part it is for the Matter but the same in substance which the counsell at the Barre did deliuer though it hath beene varied in forme and amplified with other wordes and phrases and furnished with shew of some other strained Cases and authorities The handling of it by the learned and reuerend Iudges hath beene such as it may appeare to the world that euerie one hath spoken his owne heart and conscience and hath laboured by long studie to search out the Lawe and the true reason of the Lawe in this rare Case and so they haue spoken as Coram Deo Angelis None with desire to seeme popular for nothing ought to bee tam populare quam veritas None to seeme to be Time-seruers or Men pleasers for the King whome vnder God they serue being Pater patriae and soueraigne head of both these great vnited Kingdomes is to them both like as the head of a naturall body is to all the Members of the same and is not nor can not bee partiall more to one than to an other Hee deliteth in truth and desireth it and without truth hee can not bee pleased Hee ruleth by his Lawe and commaundeth his Iudges to minister to all his Subiects Lawe and Iustice sincerely and truely and equally and indifferently without any partiall respect It was neuer seene but that in all rare and difficult Cases there haue beene diuersitie of Opinions but yet without breach of Charitie which is the Bond of Vnitie So it hath happened in this Case The Case hath beene argued at large by foureteene learned Iudges twelue of them haue concurred in iudgement but vpon seuerall reasons for as many wayes may leade to one end of the iourney so diuerse and seuerall reasons may conduce to one true and certaine conclusion And here I may not omit the woorthie memorie of the late graue and reuerend Iudge Sir Iohn Popham chiefe Iustice of the Kings Bench deceased a man of great wisedome and of singular learning and iudgement in the Lawe who was absolutely of the same opinion as he often declared as well in open Parliament as otherwise The Apostle Thomas doubted of the Resurrection of our Sauiour Iesus Christ when all the rest of the Apostles did firmly beleeue it But that his doubting confirmed in the whole Church the Faith of the Resurrection The two woorthy and learned Iudges that haue doubted in this Case as they beare his Name so I doubt not but their doubting hath giuen occasion to cleare the doubt in others and so to confirme in both the Kingdomes both for the Present and the Future the truth of the iudgement in this Case Thus my Lords haue you hitherto nothing from mee but Amen to that which all the Iudges sauing two haue saied and much more you cannot expect from mee Yet since I must giue iudgement in this Case and I saied in the beginning that I would render the reasons of my iudgement for that is the course of argument I must houlde I will now deliuer vnto you what are the speciall and principall reasons that first haue induced mee and still mooue mee to houlde the opinion that I doe And as I goe I will indeuour to cleere some doubts and questions that partly in the conference in Parliament and partly otherwise I haue heard made not onely touching this Case it selfe but also touching the forme and manner how it is to be decided and iudged The Case is rare and new as it hath beene often saied it was neuer decided Terminis terminantibus It was neuer iudged by any Statute Lawe which is a positiue Lawe nor by iudgement of the Iudges of the common Lawe Now the first Question is as some would haue it How it is to be iudged and by what Lawe and haue wished that it might haue stayed vntill the Parliament and so bee decided by Parliament They that make this doubt I will let them demurre and die in their doubts For the Case beeing adiourned hither before all the Iudges of England is now to be iudged by them according to the common Lawe of England and not tarrie for a Parliament For it is no transcendent Question but that the common Lawe can and ought to rule it and ouer-rule it as Iustice Williams said well But then this Question produceth another That is What is the Common Lawe of England Whether it be Ius scriptum or non scriptum and such other like niceties For wee haue in this Age so many Questionists and Quo modo and Quare are so common in most mens mouthes that they leaue neither Religion nor Lawe nor King nor Counsell nor Policie nor Gouernment out of question And the end they haue in this Question What is the Common Lawe is to shake and weaken the ground and principles of all gouernement And in this particular Question of the Law of England to ouerthrow that Law whereby this Realme hath many hundred yeares beene gouerned in all honour and happinesse or at least to cast an aspersion vpon it as though it were weake and vncertaine I will therefore declare mine opinion in this point plainely and confidently as I thinke in my conscience and as I finde to be sufficiently warranted by ancient Writers and good authorities voide of all exception The common Law of England is grounded vpon the Law of God and extendes it selfe to the originall Lawe of Nature and the vniuersall Lawe of Nations When it respects the Church it is called Lex Ecclesiae Anglicanae as Magna Charta ca. 1. Ecclesia Anglicana habeat omnia sua iura integra illaesa When it respects the Crowne and the King it is sometimes called Lex Coronae as in Stat. 25. Edw. 3. cap. 1. Lex Coronae Angliae est semper fuit c. And it is sometimes called Lex Regia as in Registro fo 61. Ad iura Regia spectat And Ad conseruationem iurium Coronae nostrae ad iura Regia ne depereant c. When it respectes the common subiects it is called Lex Terrae as in Magna Charta ca. 29. Nisi per legale iudicium parium vel per legem Terrae Yet in all these Cases whether it respectes the Church the Crowne or the Subiects it is comprehended vnder this generall tearme The common Lawes of England Which although they bee for a great parte thereof reduced into writing yet they are not originally Leges scriptae This I first learned of the late Lord Treasurer

therefore I will presume on your patience and assume to my selfe such conuenient time as others haue done And yet I will husband time as well as I can I will not be abashed to strengthen my weake memory with helpe of some scribled papers as others haue done for I accompt it a point of wisedome to followe wise mens Examples Other Exordium Insinuation Protestation or Preface for the Matter it selfe either to prepare attentiue and beneuolent auditors or to stirre offence or mislike against either partie I meane not to vse it is fit for Oratours I neuer professed the Art I had neuer skill in it And it is not Decorum for Iudges that ought to respect the Matter and not the humours of the Hearers The Exordium the Ciuilians vse in their Sentences I like well In Dei nomine Amen Deo primitùs inuocato other Exordium I care not for The Case now depending in Chauncerie which is adiourned hither is thus Robert Caluine sonne and heire apparant of Iames L. Caluine of Colcrosse in the realme of Scotland an Infant of three yeares of age borne in the saied Realme of Scotland maketh title by his Bill to a Messuage and Garden with th'appurtenaunces in the parish of Saint Buttolph without Bishops-gate in the citie of London and complaineth against Iohn Bingley and Richard Griffin for detaining the Euidences concerning the same Messuage and Lands and taking the profits thereof The Defendants pleade that the Plaintife is an Alien and that in the third yeere of his Maiesties raigne of England and in the nine and thirtieth yere of his Maiesties raigne of Scotland hee was borne in the Realme of Scotland within the ligeance of his said Maiestie of his Realme of Scotland and out of the ligeance of our soueraigne Lord the King of his Realme of England And the Defendants say further That at the time of the birth of the Complainant and long before and euer sithence the saied Kingdome of Scotland was and still is ruled and gouerned by the proper Lawes and Statutes of the said Kingdome of Scotland and not by the Lawes and Statutes of this Realme of England And therfore the Defendants demaund iudgement Whether the Complainant ought to bee answered to his said Bill or shall be receiued to prosecute the said suite against the Defendants being for and concerning the title of Inheritance and euidence touching the same Heereupon the Complainant hath demurred in Law This is the speciall Case now depending in the Chancerie in which and touching all like Cases in generall mine opinion is and since the question was first mooued hath beene That these Post-nati are not Aliens to the King nor to his Kingdome of England but by their Birth-right are liege subiects to the King and capable of estates of Inheritance and freehould of Landes in England and may haue and maintaine as wel Reall as Personall actions for the same And that therefore the now Complainant Robert Caluine ought to bee answered This opinion I did first conceiue vpon those rules and reasons in Lawe as well the Common Law of England as the Ciuile law which heereafter in the course of my Speech I will remember And in this opinion I haue beene since confirmed by many great and weighty reasons First in the Statute made in the first yeare of his Maiesties raigne of England authorizing the Treatie betweene the Commissioners for both the Kingdomes it is said as Iustice Warburton noted well That both the famous ancient Realmes of England and Scotland are now vnited in allegeance and loyall subiection in his royall person to his Maiestie and his posteritie for euer Heere wee haue the Iudgement of the Parliament that there is a Vnitie in allegeance to one Royall person And therefore I see not how wee may out of imaginarie conceipts and by subtile distinctions straine our wittes to frame seuerall allegeances to one and the same Royall person contrary to so plaine a declaration made by Parliament Next followeth his Maiesties Proclamation 20. Octobris 1604. by which hee assumed to himselfe the Name and Stile of King of great Britaine In which Proclamation among many other weighty reasons this is added for one We haue receiued from those that be skilful in the Lawes of the Land That immediatly vpon our succession diuerse of our auncient Lawes of this Realme are ipso facto expired as namely that of Escuage and of the naturalization of the Subiects This was not done sodainely nor lightly but vpon graue and serious deliberation and aduise And therefore seemeth to mee to be a matter of great importaunce and not to be lightly regarded The same twentieth of October these Commissioners beganne their Treatie Of the graue and iudicious Course which they held in debating of the Matter then propounded I will forbeare to speake But for this point of Naturalization now in question their resolution in the end was thus That it shall bee propounded to both the Parliaments at the next Sessions that an Act be made containing a declaration as followeth That all the Subiects of both the Realmes borne since the decease of Elizabeth the late Qu. of England of happie memory and all that shal be borne hereafter vnder the obedience of his Maiestie and his royall Progeny are by the common Lawes of both the Realmes and shall be for euer inhabled to obtaine succeede inherite and possesse all Lands Goods and Chattels c. as fully and amply as the Subiects of either Realme respectiuely might haue done or may doe in any sort within the Kingdome where they were borne This after long debating and graue and deliberate consideration was in the end the resolution of the greater part of the Commissioners not one openly gainesaying it And diuerse of the principall Iudges of the Realme were present at all times when the point was debated And herein I note the wise and iudicious forme of that resolution which was not to propound to the Parliament the making of a new Lawe but a declaration of the common Lawes of both the Realmes in this question Now if wee consider who these Commissioners were what Lords of the higher House and what persons of the common House selected of all degrees most eminent for their learning and iudgement as well in Ciuile and Common Law as in knowledge and experience other waies beeing assisted by the graue Iudges of the Realme If this I say be well considered then this Resolution must be accompted and esteemed as a matter of great and weighty importance and much to be regarded in the deciding of this question According to this Act of the Commissioners the Case was propounded in the next Session of Parliament In the higher House the Iudges were required to deliuer their opinions There were then eleauen Iudges present whereof tenne did with one vniforme consent affirme the Lawe to be That the Post-nati were not Aliens but naturall Subiects one onely dissenting After this the