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
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A88092 Lex Parlamentorum: or, An abstract of the antiquity and jurisdiction of the High court of Parliament, according to the lawes and constitutions of this realme. 1648 (1648) Wing L1859; Thomason E458_5; ESTC R205027 3,751 9

There are 2 snippets containing the selected quad. | View lemmatised text

Lex Parlamentorum OR AN ABSTRACT OF THE Antiquity and Iurisdiction of the High Court of PARLIAMENT According to the Lawes and Constitutions of this Realme LONDON Printed in the Yeare 1648. A short Treatise of the Parliament of England and Jurisdiction thereof THE thing ever amongst men in every Countrey had in most Reputation and esteeme is the Publick flourishing of their Countreys Common-weal and he that endeavoureth the same is worthy to be commended to which every one Naturally hath a love and zeal And it followeth that Man cannot attain these things but by a mean which mean is none other but Reasonable Ordinances and Lawes the which Lawes proceed and come principally of God for the Providence and will of God is ever assistant The Parliament is the High and most Honourable Coke li. 10. fol. 123 124. sect 97. and most absolute Court of Justice of England consisting of Lords in Parliament and Commons The Lords were formerly divided into two sorts Spirituall and Temporal The Commons are divided into three parts viz. Knights of Sheirs or Counties Citizens out of Cities and Burgesses out of Burroughs The Antiquity of the High Court of Parliament Antiquity of the Court of Parliament Bract. c. 2. Regist 280. 5 H. 4. The King of England is armed with diverse Counsels one is called Commune Concilium and it is Legally called in writs Magnum Concilium Regis Angliae and that is applied to the House of Peers which is called the Lords house of Parliament The Jurisdiction of the High Court of Parliament The Court of Parliament is so transcendent that it maketh Lawes diminisheth and inlargeth Lawes Statutes and Ordinances concerning matters Ecclesiastical Capital Criminal Common Civil Maritine c. None can begin continue or dissolve the Parliament but by the Kings Authority Mirr cap. 2. sect 4 10.14 c 4. de default cap. de Homicid c. 11. sect 13. cap. 4. The Court of Parliament is of that high Honour and Justice that none ought to imagine any thing dishonourable that proceeds from that High Court of Justice The writ of Summons is the Basis and foundation of the Parliament Rex est habiturus colloquium Calvins case Tractatum cum Praelatis Magnatibus Proceribus super arduis negotiis concernentibus 1. Nos 2. Defensionem Regni nostri 3. Defensionem Ecclesiae Anglicanae 2 3 Ed. 6. c. 1. 11. H. 7. c. 1. Every Bil which passeth the Parliament shal have relation to the first day of the Parliament though it be put in at the end of the Parliament 33 Hen 8.17 If diverse Sessions be in one Parliament Divers Sessions in one Parliament and the King doth not sign the Bill untill the last then all is the same day and all shall have relation to the first day of the next Sessions and the first day and the last are both one Parliament and one day in Law No Bil is an act of Parliament Ordinance or Edict in Law although both Houses agree unanimously in it till it have the Royal Assent it is no act Assembles de ceux tres estates est appelle une act de Parliament Assembles de trois Estates car sans touts trois nest ascun acte for without all 3 Estates 't is no Act. The Kings consent signified under His Great-Seal 3 H. 7.21 shall be to all intents of Law as valid and effectuall as if He were Personally present The first Authenticall report of that name Parliament that I find 3 Ed. 1. called Westm ' 1. is in the Statute made 3 Edw. 1. called Westmin 1. where the Assembly is said to be le primer Parliament apres Coronment le Roy. For in the Statute Articuli Cleri published 9 Ed. 2. these words are read amongst others Temporibus progenitorum nostrorum quondam Regum Angliae in diversis Parliamentis suis c. Which-words progenitorum quondam must reach higher then 1 Ed. 1. Sigbert King of the East-Saxons I read that Sigbert King of the East Saxons being moved to be Baptized did first call a Councell of his Subjects and finding them to favour his motion did then himself Assent unto it I read moreover in Mathew Paris M. Paris temp H. 4.1225 that King Henry 3. Anno Dom. 1225. called together omnes Clericos Laicos totius Regni or Vniversi Regni as the same Writer expresseth Vide Magna Charta Magna Charta c. 29. Parliament Charter Vide the Stat. 15 Ed. 1. c. 1. Confirmes the 2 Charters and other Statutes made by the King Peers Commons of this land The Statute published in the 20 yeer of the same King Henry Stat. de Merton called the Statute of Merton which saith Provisum fuit Concessum tam à praedictis Archiepiscopis Episcopis Comitibus Baronibus quam ab ipso Rege aliis The Statute of Westm ' first made 3 Ed 1. the title of it is The establishment of King Edw. made by his Councell Arch-bishops Bishops Abbots Priors Earles Barons and the Commonalty of the Land c. The Statute of Gloucester made in the first yeer of the said Kings reign thus providing pervenant pur le Roy appeales le pluis discretes de son Realme 4 Ed. 3. 36 Ed. 3. c. 10. auxi bien des grondres come des maindres stabiliter est concordantment ordine once every year The Judges of the land have resolved Nevills case 7 part of Coke 34. 2 Iacobi that no Noble men committing Treason shall forfeit their office and dignity their office is to Counsell the King in time of Peace to defend him in time of War No man shall be imprisoned by the King and his Councel 25 Ed. 3. c. 4. Petition de droit 3 Carol. Magna Charta c. 29. unlesse it be by Indictments presentment of his neighbours where such deed is done by due proces of law made by writ Originall at the Common-Law pag. 29. and expounds Lex terrae The order to make an Act 7 H. 7.14 12 H. 7.20 9 H. 3. Magna Charta is to have the joint Assent of the Communaltie the Lords and the King where a Statute is made to restrain the liberty of all people the King shall not be bound by this Statute unlesse he be named in the Statute A Statute which is in the negative binds the Common-Law Westm ' 2. c. 40. 21 H. 7.21 that a man may not after make use of the Common-Law The Members of the House of Commons at every Parliament take a Corporal Oath 1 Eliz. cap. 1. 5 Eliz. cap. 1. Caudrees case that the King is the Supream Head and onely Governour in all Causes over all Persons Where there is a saving or Proviso in an Act of Parliament Coke rep fol. 7. Plowden Com. 563. The Iudgment in the high Court of Parliament which is repugnant to the body of the Act it is void The Judgment in the
High Court of Parliament is of as ample Authority as the sentence of any or all other Courts whatsoever for it delivereth Lawes that do bind al persons in all causes as wel Ecclesiasticall as Temporall it hath Jurisdiction in such cases as have need of help where there is no help by any Law already in force it reverseth erronious judgements given in any Court No Court can fine and imprison but a Court of Record The House of Commons is no Court of Record 8 part Coke republ 120. 27 H. 6. f. 8. The House of Lords where the King is in Person his Nobles and his Judges and Councel of Law the masters of the Chancery assisting is a Court of Record That is the Court of Parliament where the Colloquium Tractatus est No priviledge of Parliament is grantable for Treason 8 H. 6. numb 57. Rot. Parliament ' Coke 4. Calvins case Felony or breach of the Peace 17 Ed. 4.57 Coke 4 part Instit 25. 17 Ed. 4. numb 39. Coke 7 part fol. 21 22. A Parliament is to be holden once every year Parl. 4 Ed. 3. 36 Ed. 3. c. 10. All Treasons Felonies Trespasses Treason are contra pacem Coronam dignitatem Regis Humane Lawes All humane Lawes are either the Law of Nature Customes or Statutes which are called Constitutions but Customes when they were first put in writing and by sufficient Authority of the Prince published and commanded to be kept were changed into the nature of Constitutions and Statutes and did after that more penally bind the Subjects The Laws of England The Laws of England The Lawes of England stand for the maintenance of the just Priviledges of the Crown of England the just Rites of the Church of England the just Rights of the liberty of the People of England do lay forth their interest in the preservation and maintenance of 3 things 1. The first is called the Register of Writs privilegium Regis or jus regni 2. The second is called jus Ecclesiasticum or jus Ecclesiasticae 3. The third is called jus Populi or libertates Angliae These 3 make up the Body of the Common Law a Law so peacefull for the keeping all these in unity that for this cause it is by the Authority of the Laws of this Realme stiled by the name of Peace Mich. 7 Ed. 1. Rot. 21. Linwood de jure competenti 71. Coke Instit 2.489 pax Dei as relating to the Rites of the Church and pax Regni as relating to the Rights of the People vide the words of the Kings Charters in former times concessimus Deo Ecclesiae c. THat no Members of the House of Commons doe presume to sit or take their Places in the lower House of Parliament untill they Proclamation before the L. Steward 3 die Novembris 1640. an 16. Regis Caroli and every of them have first taken the Oaths of Supremacy and Allegiance in the usuall manner and place nor untill the Sheriffe shall make retourn of his Writ according to the Statute unto the Clark of the Crown in Chancery and his or their Names be entred in such manner as it hath been heretofore accustomed The number of the Knights Citizens and Burgesses Chosen to attend this present Parliament out of Counties Cities and Burrough Towns of England and Wales and the Barony of the Ports now sitting at Westminster 3 die Novemb. 1640. 424. besides the Lords and Peers of upper House of Parliament FINIS