Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	baron_n	earl_n	viscount_n	2,923	5	11.7819	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33823	English liberties, or, The free-born subject's inheritance containing, I. Magna Charta, the petition of right, the Habeas Corpus Act ... II. The proceedings in appeals of murther, the work and power of Parliament, the qualifications necessary for such ... III. All the laws against conventicles and Protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists.	Care, Henry, 1646-1688.	1680 (1680)	Wing C515; ESTC R31286	145,825	240

place then under pretence of Service as Ambassador or the like he might send him into the furthest part of the World which being an Exile is prohibited by this Act. 5. No Man destroyed That is forejudged of Life or Limb or put to Torture or Death every oppression against Law by colour of any usurped Authority is a kind of destruction And the words Aliquo modo any otherwise are added to this Verb destroyed and to no other Verb in this Chapter and therefore all things by any manner of means tending to destruction are prohibited as if a Man be accused or Indicted of Treason or Felony his Lands or Goods cannot be granted to any no not so much as by promise nor any of his Lands or Goods seized into the Kings hands before he is Attainted For when a Subject obtaineth a promise of the forfeiture many times undue means and more violent prosecution is used for private Lucre tending to destruction than the quiet and just proceeding of the Law would permit and the party ought to live of his own until Attainder 6. By Lawful Judgment of his Peers That is by his Equals Men of his own Rank and Condition The general division of Persons by the Law of England is either one that is Noble and in respect of his Nobility of the Lords House of Parliament or one of the Commons and in respect thereof of the House of Commons in Parliament And as there be divers degrees of Nobility as Dukes Marquesses Earls Viscounts and Barons and yet all of them are comprehended under this word Peers and are Peers of the Realm so of the Commons there be Knights Esquires Gentlemen Citizens and Yeomen and yet all of them of the Commons of the Realm And as every of the Nobles is one a Peer to another though he be of a several degree so it is of the Commons and as it hath been said of Men so doth it hold of Noble Women either by Birth or Marriage And forasmuch as this Judgment by Peers is called Lawful it shews the Antiquity of this manner of Trial It was the ancient accustomed Legal Course long before this Charter Or by the Law of the Land That is by due process of Law for so the words are expresly expounded by the Stat. of 37 Edw. 3. chap. 8. And these words are specially to be referred to those foregoing to whom they relate As none shall be condemn'd without a lawful Trial by his Peers so none shall be taken Imprison'd or put out of his Free-hold without due process of the Law that is by the Indictment or Presentment of good and lawful Men of the place in due manner or by Writ Original of the Common-Law Now seeing that no Man can be Taken Arrested Attached or Imprisoned but by due process of Law and according to the Law of the Land these conclusions hereupon do follow 1. That the Person or Persons which commit any must have lawful Authority 2. It is necessary that the Warrant or Mittimus be lawful and that must be in Writing under his Hand and Seal 3. The Cause must be contained in the Warrant as for Treason Felony c. Suspicion of Treason or Felony or the like particular Crime For if it do not thus specifie the Cause if the Prisoner bring his Habeas Corpus he must be discharged because no Crime appears on the Return Nor is it in such Case any offence at all if the Prisoner make his escape whereas if the Mittimus contain the Cause the escape would respectively be Treason or Felony though in Truth he were not Guilty of the first offence And this mentioning the Cause is agreeable to Scripture Acts 5. 4. The Warrant or Mittimus containing a lawful Cause ought to have a lawful conclusion c. And him safely to keep until he be delivered by Law c. and not until the party committing shall further Order If any Man by colour of any Authority where he hath not any in that particular Case shall presume to Arrest or Imprison any Man or cause him to be Arrested or Imprisoned this is against this Act and it is most hateful when it is done by Countenance of Justice King Edw. the 6th did Incorporate the Town of Saint Albans and granted to them to make Ordinances c. They made a by-Law upon pain of Imprisonment and it was adjudged to be against this Statute of Magna Charta so it had been if such an Ordinance had been contained in the Patent it self We will sell to no Man deny to no Man c. This is spoken in the Person of the King who in Judgment of Law in all his Courts of Justice is present And therefore every Subject of this Realm for injury done to him in Bonis Terris vel Persona in Person Lands or Goods by any other Subject Ecclesiastical or Temporal whatever he be without exception may take his Remedy by the course of the Law and have Justice and Right for the Injury done him Freely without sale Fully without any denial and Speedily without delay For Justice must have three Qualities it must be Libera Free for nothing is more odious than Justice set to sale Plena Full for Justice ought not to limp or be granted Piece-meal and Celeris speedy Quia Dilatio est quaedam negatio Delay is a kind of denial And when all these meet it is both Justice and Right We will not deny nor delay any Man c. These words have been excellently expounded by latter Acts of Parliament that by no means common right or common law should be disturbed or delayed no though it be commanded under the Great Seal or Privy Seal Order Writ Letters Message or Commandment whatsoever either from the King or any other and that the Justices shall proceed as if no such Writs Letters Order Message or other Commandment were come to them all our Judges swear to this for 't is part of their Oaths so that if any shall be found wresting the Law to serve a Court Turn they are perjur'd as well as unjust The Common-laws of the Realm should by no means be delayed for the Law is the surest Sanctuary that a Man can take and the strongest Fortress to protect the weakest of all Lex est tutissima Cassis the Law is a most safe Head-piece and sub Clipeo legis nemo decipitur no man is deceived whilst the Law is his Buckler but the King may stay his own suit as a Capias pro fine for the King may Respit his Fine and the like All Protections that are not Legal which appear not in the Register nor warranted by our Books are expresly against this Branch nulli diff●remus we will not delay any Man As a Protection under the Great Seal granted to any Man directed to the Sheriffs c. and commanding them that they shall not Arrest him during a certain time at any other Mans suit which hath words in it Per Prerogativ●m nostram

no new Laws bind the People of England but such as are by common consent agreed on in that great Council By the second He has a share in the Executive part of the Law no Causes being Tryed nor any man Adjudged to lose Life Member or Estate but upon the Verdict of his Peers or Equals his Neighbours and of his own Condition these two Grand Pillars of English Liberty are the Fundamental Vital Priviledges whereby we have been and are preserv'd more free and happy than any other People in the World and we trust shall ever continue so For whoever shall design to Impair Pervert or Undermine either of these do strike at the very Conisttution of our Government and ought to be Prosecuted and Punished with the utmost Zeal and Rigour To cut down the Banks and let in the Sea or to Poyson all the Springs and Rivers in the Kingdom could not be a greater Mischief for this would only affect the present Age but the other will Ruine and Enslave all our Posterity But besides these General Paramount Priviledges which the English are Estated in by the Original Constitution of their Government there are others more particularly declared and expressed in diverse Acts of Parliament of which several of the most remarkable and usefull are here presented at large to the Reader with some Notes thereupon for his better understanding of the same MAGNA CHARTA or the Great Charter made in the ninth Year of King Henry the Third and confirmed by King Edward the First in the eight and twentieth Year of his Reign EDward By the Grace of God King of England Lord of Ireland and Duke of Guyan To all Arch-Bishops Bishops c. We have seen the great Charter of the Lord Henry sometimes King of England our Father of the Liberties of England in these Words HEnry By the Grace of God King of England Lord of Ireland Duke of Normandy and Guyan and Earl of Anjou To all Arch-Bishops Bishops Abbots Priors Earls Barons Sheriffs Provosts Officers and to all Baysliffs and other our Faithful Subjects which shall see this present Charter Greeting Know you that We unto the Honour of Almighty God and for the Salvation of the Souls of our Progenitors and Successors Kings of England to the Advancement of Holy Church and Amendment of our Realm of our meer and free Will have Given and Granted to all Arch-Bishops Bishops Abbots Priors Earls Barons and to all Free-men of this our Realm these Liberties following to be kept in our Kingdom of England for ever CHAP. I. A Confirmation of Liberties FIrst We have granted to God and by this our present Charter have confirm'd for Us our Heirs for ever That the Church of England shall be free and shall have all her whole Rights and Liberties Inviolable 2 We have granted also and given to all the Free-men of our Realm for Us and our Heirs for ever these Liberties under-written to have and to hold to them and their Heirs for ever CHAP. II. The Relief of the Kings Tenant of full Age. IF any of our Earls or Barons or any other which Hold of Us in Chief by Knights Service dye and at the time of his Death his Heir be of full Age and oweth to us Relief he shall have his Inheritance by the old Relief that is to say the Heir or Heirs of an Earl for a whole Earldom by one hundred pound the Heir or Heirs of a Baron for an whole Barony by one hundred marks the Heir or Heirs of a Knight for one whole Knights Fee one hundred shillings at the most And he that hath less shall give less according to the old Custom of the Fees CHAP. III. The Wardship of an Heir within Age The Heir a Knight BUt if the Heir of any such be within Age his Lord shall not have the Ward of him nor of his Land before that he hath taken of him Homage 2. And after that such an Heir hath been in Ward when he is come to full Age that is to say to the Age of one and twenty Years he shall have his Inheritance without Relief and without time so that if such an Heir being within Age be made Knight yet nevertheless his Land shall remain in the keeping of his Lord unto the Term aforesaid CHAP. IV. No wast shall be made by a Guardian in Wards Lands THE Keeper of the Land of such an Heir being within Age shall not take of the Lands of the Heir but reasonable Issues reasonable Customs and Reasonable Services and that without destruction and waste of his Men and his Goods 2. And if we commit the Custody of any such Land to the Sheriff or to any other which is answerable unto us for the Issues of the same Land and he make destruction or waste of those things that he hath in Custody we will take of him amends and recompence therefore 3. And the Land shall be committed to two lawful and discreet men of that Fee which shall answer unto Us for the Issues of the same Land or unto him whom we will Assign 4. And if we give or sell to any man the Custody of any such Land and he therein do make destruction or waste he shall lose the same Custody And it shall be Assigned to two lawful and discreet men of that Fee which also in like manner shall be answerable to Us as afore is said CHAP. V. Guardians shall maintain the Inheritance of their Wards And of Bishopricks THe Keeper so long as he hath the Custody of the Land of such an Heir shall keep up the Houses Parks Warrens Ponds Mills and other things pertaining to the same Land with the Issues of the said Land And he shall deliver to the Heir when he cometh to his full Age all his Land stored with Ploughs and all other things at the least as he receiv'd it All these things shall be observed in the Custody of Arch-Bishopricks Bishopricks Abbeys Priories Churches and Dignities vacant which appertain to Us Except this that such Custody shall not be sold CHAP. VI. Heirs shall be Married without Disparagement HEirs shall be Married without Disparagement CHAP. VII A Widow shall have her Marriage Inheritance and Quarentine The Kings Widow A Widow after the Death of her Husband Incontinent and without any difficulty shall have her Marriage and her Inheritance 2. And shall give nothing for her Dower her Marriage or her Inheritance which her Husband and She held the day of the Death of her Husband 3. And She shall tarry in the chief House of her Husband by forty days after the Death of her Husband within which days her Dower shall be Assigned her if it were not Assigned her before or that the House be a Castle 4. And if she depart from the Castle then a competent House shall be forthwith provided for her in the which She may honestly dwell until her Dower be to her Assigned as it is aforesaid And She shall have in the