Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	henry_n	king_n	2,829	5	3.8707	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56214	Summary reasons, humbly tendered to the most Honourable House of Peers by some citizens and members of London, and other cities, boroughs, corporations, and ports, against the new intended Bill for governing and reforming corporations.	Prynne, William, 1660-1669.	1661 (1661)	Wing P4096A; ESTC R219604	5,375	1

Summary Reasons humbly tendered to the most Honourable House of Peers by some Citizens and Members of London and other Cities Boroughs Corporations and Ports against the new intended Bill for Governing and Reforming CORPORATIONS FIrst this Bill deprives all Cities Boroughs Corporations Ports of England and Wales 8. times particularly named and comprised in the Act of Oblivion and Indempnity with all their Magistrates Officers and Members of the common benefit pardon grace therein intended and equally granted to them as well as to other Subjects without discrimination by the Kings Most Gracious Majesty who in his successive printed Messages Declarations Speeches to the last and present Parliament hath solemnly promised in his own Royal Person and Ministers and conjured all his Subjects and this present Parliament in their proceedings most religiously and inviolably to observe the same and every part and branch thereof without the least infringement By reviving not onely the former marks and names of distinction between his Subjects but also the memory infamy reproach and punishment of all their formerly remitted and forgotten Crimes even unto the un-magistrating dis-officing dis-franchising and dis-membring of them in the respective Cities Boroughs Ports and Corporations where they live to their own and their Posterities obloquy and disgrace even since his Majesties and this Parliaments fresh confirmation of that Act and his Royal advice and command to Both Houses of Parliament on Monday last only to look forwards but not back to any thing that was past 2ly It is directly contrary to the Great Charter of the Liberties of England made in the 9th year of King Henry the third c. 9 since ra●ified by near forty other Parliaments and special Acts That the City of London and all other Cities Boroughs Townes the Barons of the Cinque-ports and all other Ports shall have all their old Liberties and free Customes whereof this is one principal branch freely to elect place and displace their own Magistrates Officers Members and not to be visited placed or displaced by any Foreiners Visiters Commissioners as is evident by their respective Charters the Statute of 3. Ed. 1. cap. 5 the Customs of London and Ashe his Repertory Tit. London Sect. 6.38 39 40 c. 3ly It invalidates rescinds annulls all the particular Charters of former Kings and all private Acts of Parliament confirming them formerly granted to London and other Cities Boroughs Corporations Ports which all our Kings by their Coronation Oaths and his Majesty at his late Coronation have sworn to grant ratifie and maintain to their Power 4ly It gives the numerous Commissioners named in the Bill or any five of them who are all Commoners an absolute arbitrary power over the greatest Peers of the Realm as the Dukes of York and Ormond the Lord Chancellor Lord Treasurer Earles of Pembroke Salisbury and other Lords who are Officers Stewards Wardens of several Cities Boroughs Ports Corporations of this Realm to remove and displace them at their pleasure and discretion without any legal tryal contrary to Magna Charta their Peerage and privilege of Parliament And it likewise impowers them or any five of them though no Members to remove and displace all the Members of the Commons House who are Magistrates Officers or Members of any City Borough or Port as divers of them are notwithstanding their Privilege of Parliament and so by consequence to make them no Members of this Parliament there being no exception nor provision for the Peers or Members in this Act to exempt them from this new Visitation 5ly It enables these Commissioners or any five of them joyntly and severally by their Warrants to summon all Magistrates Officers and Members of every City Corporation Borough and Port of England and Wales from out os their respective Precincts to what place soever they shall sit within the County where they are situated though 20 30 40 or 50. miles distant if they please to call them thither the Act confining them to no certain place or distance which how vexatious chargeable injurious it may prove to the Persons summoned and how destructive to many Cities Boroughs Ports and Corporations Charters prohibiting any to draw them out of their own Cities and Corporations for any matter or offence relating thereunto We humbly refer to your Lordships serious consideration 6ly It authorizeth the Commissioners appointed for the Cities and Corporations of York Glocester Exeter Bristol Newcastle Canterbury Lincoln Pool c. which are Counties within themselves to summon all their Magistrates Officers and Members to appear before them out of the limits of their particular Counties at any place of the Shire wherein they are situated contrary to their antient Charers and privileges the Law of the Land and Reason of the Statutes enacting That no man shall be compelled to go out of his own County for the publique defence and safety of the Realm unlesse in case of Necessity by reason of forein Enemies coming into the Realm nor cited out of his own Diocess to answer any particular offence much lesse then to go out of his own County and Precincts thereof upon such a strange unnecessarie Visitation and Occasion as this which hath neither president nor parallel in any Record or Historie that can be produced 7ly It utterly subverts annulls and extirpates the grand fundamental Law of England the Great Charter and all Acts of Parliaments antiently lately made for the securitie of the Subjects Freeholds Liberties Franchises and free Customes against Arbitrarie and Tyrannical invasions particularly the Statutes of Magna Charta cap. 29.25 Edw. 1. cap. 1 2.28 Edw. 1. cap. 1. and near 40. other Acts of Parliament for confirmation of the Great Charter in general 5 Ed. 3. c. 9.15 Ed. Parl 2. c. 5.23 Ed. 3. c. 4.28 Ed. 3. c. 3.38 Ed. 3. c. 9.42 Ed. 3. c. 2 3.2 H. 4. Rot. Parl. n. 60.20 H. 6. c. 6. the Petition of Right 3 Car. And the Act for regulating the Privy Counsel c. 17 Car. c 10. All which declare and enact That no Freeman shall be disseised or put out of his Freehold Franchises Liberties free Customes Lands or Tenements nor put to answer for the same unless he be brought in to answer by due processe of Law according to the old Law of the Land or fore-judged of the same by matter of Record in due Course of Law by the lawfull Tryal and Iudgement of his Peers and Law of the Land and if any thing be done to the contrary it shall be void and nought in Law and holden fo● errour Now this Act authorizeth the Commissioners or any five of them to displace disseise out all and every Magistrate Officer Freeman Citizen Burgess Member of any City Borough Port or Corporation aforesaid both of his Office Franchise and Liberty wherein he hath as absolute and good a Freehold in Law as any Lord Knight Member of Parliament or other Freeman of England hath in his Lands Tenements

Offices or Honours without any legal Processe original Writ Endictment Declaration Tryal Jurie Oath of Witnesses Legal Process or Judgement at their mere Arbitrary discretion An Injustice Arbitrary proceeding and tyranny oft provided against and condemned by all former English Parliaments therefore not to be approved or countenanced in the least degree by this Parliament and your Lordships who so much condemne the late arbitrary powers proceedings of Sequestrators Decimators and Committee-men during our Warrs and sad confusions which these Proceedings not onely imitate but exceed in some degree being without oath or legal accusation 8ly The Commissioners appointed by this Act as th●y have a more absolute arbitrary boundlesse power to displace all Magistrates Officers Members of Cities Boroughs Ports and Corporations without any distinction of persons or rules of Law then was ever granted to any sort of Judges Justices or Commissioners in former ages so they have no Oath at all prescribed to them before they Act to prevent the Abuses and Extravagancies which may happen in the Execution thereof as all other Iudges Iustices Sheriffs Ministers and Officers of Justice Commissioners of the Peace of Sewers Forts Castles Pollicies of Assurance c. have alwayes had by Acts of Parliament erecting them to this effect That to your Cunning Wit and Power you shall truly and indifferently execue the Authority to you given by this Commission without any Favour Corrupti●n Dread or Malice to be borne to any manner of Person or Persons and as Occasion shall require for your part you shall endeavour to make such wholesome just equal and indifferent Iudgements and Decrees as shall be devised by the most discreet and indifferent number of your Fellows being in Commission with you for the due Redresse Reformation and Amendment of all and every such things as are contained in the said Commission and the same to your Cunning Wit and Power cause to be put in due Execution without favour meed dread malice or affections as God you help which Oath will be far more requisite in this Case then any other to prevent all Corruption Malice Rancor and Revenge in Commissioners and Informers after our many years Wars Discords and Resen●ments of former injuries not yet buried in Oblivion over-apt to be remembred upon all occasions 9ly There is no appeal provided in this Act from any five of the Commissioners sentence and removal of any Magistrate Officer or Member aforesaid though never so injurious either to the Major part of the Commissioners of each County or to the Justices of the peace in their Quarter-Sessions Judges of Assize Kings Bench or other his Majesties Courts at Westminster or to the Lord Chancellour of England or Lords in Parliament as is usual in all Cases of Dis-franchisement other Judgements ●nd Decrees made by Commissioners and all inferiour Courts of Justice If any erronious Judgement or Dis-franchisement be given in any Corporation or inferiour Court the party grieved is relievable by a Writ of Error in the Kings Courts at Westminster and erronious Judgements in the Kings own Courts there are remediable in the Exchequer Chamber and Lords House by Writ of Error or Appeal All erronious Acts and unjust Judgements in one Parliament are reversable in another because all Commissioners Courts Judges Parliaments too may erre and it is most just and reasonable that parties injured by one Judicature should be righted and relieved by another not left remedilesse Much more therefore in this Case where the proceedings are meerly arbitrary without any Rules of Law to which other Judicatures are confined 10ly It gives the Commissioners power to destroy all the Cities Burroughs Corporations Ports of England and Wales and their respective Charters under pretext of confirming them For the Commissioners or any five of them may put out and displace all or so many of their Magistrates Aldermen Common-counsell men and Members at their discretion if they please as there will not be left a Competent number to elect others in their places according to their Charters whereby the Corporations and their Charters will be destroyed and their Election of Members to serve in Parliament together with them A thing of dangerous consequence extremely prejudicial to his Majestie and the Kingdom and destructive to his Majesties Customes and Excise arising principally out of Corporations and their Members 11ly It puts all Corporations and their Magistrates Officers Ministers Members into a far worse Condition in some respects then if no Act of Oblivion and Indempnity had been passed by his Majestie and the Parliament For if they had been questioned for any offence for which they shall now be Displaced Dis-franchised either by a Quo Warranto Indictment or Proceedings in any Court of Justice they should have had a Legal Tryal by their Peers a Liberty to Challenge their Juries who are Judges of the matter of Fact charged against them the benefit and advice of Counsell all just and legal Exceptions to their Indictments Presentments Declarations and Witnesses produced against them upon Oath face to face with the benefit of their own Witnesses upon Oath for th●ir Vindication and Acquittal of all which they are totally deprived by this Act and left only to the Commissioners arbitrary discretion and mercy without any legal defence of their Innocence and Loyalty too 12ly The passing of this Act as it is altogether needlesse in respect of its restoring part since all Magistrates Officers and Members of Corporations formerly ejected for their Loyalty are already restored or may be restored upon request or by a Writ of Restitution in the Kings Bench without the help of this Act so the removing part must needs revive the memory and Examination of former injuries and stir up new Divisions Contentions Factions and Parties both between the Commissioners themselves and the Magistrates Officers and Members of every City Burrough Corporation and Port dividing them one from and against each other to the great disturbance of the Publique Peace their own raine the diminution of his Majesties Revenew decay of Trade obstruction of the Free voluntary Supply now granted to his Majesty and frustration of those pious gracious healing uniting ends expressed in the Act of Indempnity and Oblivion At the best it will prove a remedy far worse than any disease it pretends to cure and this one President of meer Arbitrary power and proceedings made by a Parliament of England against the Franchises Liberties Freeholds Privileges of all Cities Burroughs Ports and Corporations in England and Wales and their Magistrates Officers Members may in after ages prove fatal and destructive to the Inheritances Franchises and Freeholds of all the Nobility Gentry and other Freemen of England who may be deprived of them by like Arbitrary Commissioners and Proceedings without any legal Tryal or Conviction if they consent to this new Bill and to the Promoters of it against their Oathes and Trusts to the Cities Burroughs Corporations Ports who made them Freemen and entrusted them to maintain their Liberties and Common Utility by their best Counsell and Advice especially in Parliament All which we humbly submit to your Lordships grave and prudent Considerations for our own and the King and Kingdoms publique benefit safety and tranquillity not doubting of your Iustice nor of his Majesties grace and goodnesse for our relief in all the premisses against this Bill so fatal to all our Cities Burroughs Corporations Charters Liberties Tranquillity Vnity and Prosperity a Sir Edward Cooks Preface to his 2. Institutes b Cookes 2. Institutes on Mag. char c. 9. c Tottles Magna Charta Juramentum Regis quando Coronatur cl 1 R. 2. m. 44. 1 H. 4. Rot. Parl. numero 70. The Form of the Kings Coronation d Ch. 29. Cooks 2. Institutes e 1 E. 3. Stat. 2. c. 5. H. 1. f 29 H. 8. c. 9. g Cooks 2. Instit on Magna Charta c. 29. Cooks 11. Rep. f. 99. h Rastal Justices in Eyre cap. 4.18 20 Ed. 3. Rastal Justices 2.23 H. 8. c. 6.32 H. 5. c. 46.27 Eliz. c. 12. h Rastal Justices in Eyre cap. 4.18 20 Ed. 3. Rastal Justices 2.23 H. 8. c. 6.32 H. 5. c. 46.27 Eliz. c. 12. i 23 H. 8 c. 5.2 3 Phil. Mar. c. 1.43 Eliz. c. 12. k 43 Eliz. c. 4.24 H. 8. c. 12. Brook Error Baggs Case Cook 11 Report f. 94 98 99. * 20 H. 6 7 8.3 H. 6.23 Brook Corporation 78. Extinguishment c. 30. l Cook 11. Rep. f. 98 99. m Mat. 12.25