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	king_n	power_n	3,247	5	5.0875	4	false

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

and produced in that behalf And the words of that Stature are very plain and pregnant to warrant the same But in case the Statute had been dark or dubious yet by implication of Law an Appeal lyeth without express provision as out of Ireland Galice County Palatine c. 2. By the Statute of the 27th of H. 8. Wales and England were incorporated and by the words of that Law the Inbabitants of Wales shall have and enioy all Rights Fran bises Liberties Priviledges and Laws within England as any of the Inhabitants there being born Subiects should have or enioy 3. The Inhabitants of England enjoy the benefit of Certiorar Habeas Corpora Writs of Error Quo minus and Subpaenas out of the Exchequer and Subpaenas out of Chancery which Court ought to be alwaies open for the releife of all Suitors and consequently the Inhabitants of Wales by authority of the sayd Statute ought to enjoy the like Benefits Franchises Liberties Laws and Priviledges Since which time they have lived peaceably under the same Law Government which the most ingenious and knowing amongst them desire still to enjoy Who cannot but look on the promoters of this innovated Jurisdiction amongst them as persons that go to seperate Wales from Eng. to the indangering the peace therof and to debarre all Wales of those Priviledges Lawes and immunities which were gratiously made and established for that benefit and such as do herein as they have done in other things else do deem themselves to be enemies to their Native Country and the Peace and Tranquillity therof 4. The Statute of the 34 of H. 8. which establisheth the Welsh Jurisdiction is an affirmative Stat. and was meerly granted in Favor of Wales by way of additionall Priviledge and Liberty But doth not take away those Lawes Liberties and Priviledges which were established for their benefit by the sayd precedent Statute of 7 H. 8. nor doth abridge them from the benefit of any Priviledge or Liberty which they might claim before those Statutes 5. T is repugnant to Reason and common Justice that an Inferiour Court should be set up that is subject to erre and yet should not be subject to an Appeal 6. The Jurisdiction of Wales is derived from the Crown of England and the Iudges there fit by Patent made under the great Seal of England T is agreeable to reason that the Chancery that gives them their Power should be capable to send a Writ of Error to them and force obedience 7. The Certiorar and Habeas Corpus commeth out of the Vpper Bench the Court of the Lord Protector where he himself is supposed to sit and hath absolute and supream Authority in Criminall Matters and must be obeyed therin upon pain of contempt 8. It is observed that ever since the Vnion of VVales and England by the Statute of 27 H. 8. Writs of Error and Habeas Corpora have never been denied nor opposed by any untill within this two years by one Mr. John Corbet Justice in Brecon c. Gwyn agninst Corber Hill 1654. A Writ of Errror was opposed in the case of Kees Gwin Gent. But on full debate therof by learned Councel on both sides before the present Lords Commissioners of the great Seal of England Their Lordships declared their Opinion that the Writ of Error did unquestionably lye and issue into VVales and the Iudges there ought to yeild obedience therto And the sayd Court imposed severall Penalties on the said Mr. Gorbet for his wilfull contemning the sayd Writ and the Authority of the High Court of Chancery from whence he received his Commission 9. As for the Writ of Quo ininus it is warrantable likewise by Law Keleway 138 Quo minus out of the Exchequer and Capias us lagatum out of the common Pleas issue into Wales 1. Because in transitory Actions a man may sue where he pleaseth 2. A Quo minus is a Prerogative VVrit found out for releif of the Kings Debtors 3. The Principalitie of VVales is and alwaies was held of the Crown of England and therfore the Inhabitants therof properly suable before the Barons of the Exchequer to which place they are Accountants 4. The liberty of suing in the Chequer by Quo minus or Subpaenas hath been time out of mind used and practised without contradiction and without question if the Inhabitants of Wales did not find more benefit therby and more indifferent just proceedings there then in their own Country it is not probable they would travell so far for Iustice whilst it is in the choice of the Plaintiff where he will bring his Action and surely no Plaintiff will probably sue in the Chequer without very good cause of Action because that Court provideth costs for the Defendant suitable to the nature of his Expence and where the Inhabitants of VVales should be abridged or debarred of this ancient Freedom Liberty and Priviledges no indifferent unbyassed person can afford a satisfactory reason And the rather because the matter comes to be tryed in the next adjacent English County not farr from their own Habitation nor yet so remote as the late Council at Marches was to most parts of Wales And tryals of this nature give great satisfaction both to Plaintiffs and Defendants when they have choice of learned men to plead their Causes before learned Judges and able indifferent Iurors of no relation to Plaintiffs or Defendants to try their Causes But it is possible that the legallity according to the present Constitutions may not be much contradicted and therfore it must not suffice to rest there It shall be my next task to make known and discover to those that wil not wilfully hood-wink themselves the absolute and undispensable necessity of continuing this ancient laudable and approved Constitution concerning the removall of Actions or Suits from or beginning them elsewhere then in Wales where the cause of Suit is first emergent And in the first place give me leave to say I hold this liberty of Appeal as great a priviledge as any is comprised within the great Charter of our Freedom There are many living whose experience will testifie to this Truth had not their sufferings made them incapable to be produced as Witnesses and others of foreseeing judgments and perspicacity that will readily maintain that this assertion is no Hyperbole For my part I make no difference in relation to every English mans general Birth-right by the Law between a Habeas Corpus and these other Writs of Error Certiorar Quo minus Subpaena out of the Chequer and Subpaena out of the High Court of Chancery And how grievous the complaints of the people have been in all times when Writs of Habeas Corpora be obtained Presidents of former times speak loudly of and the noise therof hath wrung in all mens eares But to make the necessity of the present Position the more delucidly appear it will be convenient to descend to some particular numericall reasons for the maintenance of it