Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	earl_n	john_n	2,658	5	5.5650	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77282	A plea for the peoples good old cause: Or, The fundamental lawes and liberties of England asserted, proved, and acknowledged, to be our right before the Conquest, and by above 30 Parliaments, and by the late King Charls; and by the Parliament and their army in their severall declarations in their particular streights and differences. By way of answer to Mr. James Harrington his cxx. political aphorismes, in his second edition. By Capt. William Bray.	Bray, William, 17th cent.	1659 (1659)	Wing B4307; Thomason 763[7]; ESTC R207096	15,797	16

be delayed it would be a lingring and wasting spoyle and Consumption and as destructive to the interest of the People as if the two last precedent Provisions and benefits had no being at all for the renowned Lord Cook saith dilatio est quaedam negatio And therefore I shall say as it is said by the Translator to the Reader in the Book called the Mirror of Justices who rationally declined the opinion of some That our Common Lawes as to the generality flowed first out of Normandy As Cicero was bold to derive the Pedigree of his Roman Law from the great God Jupiter so saith he I hope without offence I may be imboldened in the person of our Common Law to say That when the Lawes of God and Reason came first into England then came I in This I declare and recite to shew the excellency of the Fundamentall Law of the Nation The Lord Cook in the first part of his Institutes in his Commentary upon Liatleton Lib. 2. Cap. 4 Sect. 108. Magna CHARTA is so called in respect of the weightiness and weighty greatness of the matter contayned in it in few words being the Fountaine of all the Fundamentall Lawes of the Realme and therefore to be presumed inviolable and saith he it may be truly said of it That it is Magnum in parvo It is in our Books called CHARTA LIBERTATUM COMMUNIS LIBERT AS Angliae or Libertates Angliae or CHARTA de LIBERTATIBUS MAGNA CHARTA confirmed above 30 times in full PARLIAMENT And by the Statute of the 42 Ed. 3 cap. 3. if any Statute be made against it it shall be voyd whereby it doth appeare by the wise Act of our Ancestors in former and peaceable times that they did foresee that future Parliaments might possiby endeavour to make this Fundamentall Law ineffectuall by making somthing or other against it And further he saith To demonstrate Parliaments are and are justly to be limitted and guided by it so as to make no Act contrary to it or inconsistent with it It is the FOUNDATION OF ALL OTHER ACTS OF PARLIAMENT And further he saith to manifest that this Law was common Law and was before the Charter in the peoples possession It is but a Confirmation or Restitution of the Common Law as in the Statute made Confirmatio Chartarum An. 25. Ed. 1. it appeareth by the opinion of all the Justices And it is a Maxime in the Law No man ought to be wiser then the Law and Ed. 1. for demonstrating his affection to the excellent common Law of England had the honorable Title to be stiled Vindex Anglicanae Libertatis as appeares by Mr. John Bashawes Argument of Law in Parliament against the Bishops Cannons And likewise Mr. Sollicitor St. Johns in his Argument of Law against the Earle of Strafford saith the destruction of the Law dissolves the Arteries and Ligaments that hold the body together and cites the Case of Empson and Dudley who were beheaded for executing that ILLEGALL ACT of PARLIAMENT 11. H. 7. cap. 3. which gave power to Justices of Assise as well as Justices of the Peace VVithout any finding or presentment by Jury of 12 men of the Neighbourhood being the ancient BIRTH-RIGHT of the subject upon bare information for the King before them made to have full power and Authority by their discretions to heare and determine all offences or contempts committed or done by any person or persons against the order forme manner or effect of any Statute made and not repealed By colour of which Act of Parliament SHAKEING the FUNDAMENTAL LAVV viz the 29. cap. of Magna CHARTA it is not credible saith he what Exactions and Oppressions were done to the dammage of many People both indicted at Common Law and by Act of Parliament 21 H. 8. both lost their heads And the Lord Cook in the 4th part of his Institutes calls that ACT OF PARLIAMENT A MISCHIEVOVS ACT with a Flattering Preamble The Colour and Fraudulent pretences to avoyde our ANTIENT BIRTH-RIGHT TO DELUDE and amuze the People were to avoyde divers mischiefs 1. To the displeasure of Almighty God 2. To the great Let of the Common Law 3. The great Let of the wealth of the Land as high pretences as any that would make Innovation can devise It was one of the Principle Treasons of Trisilian cheife Justice for dilivering his opinion in subversion of the Law for which he was deprived of his life And the Lord Cook in his Proeme to the second part of his Institutes sets forth that Edward the first did ordaine that Magna CHART A should be sent under the great Seale to all Justices of the Forrest as to others and to all Sheriffs and to all other Officers and to all Cityes and to all Cathedrall Churches and read and published in every County foure times in the year in full County 25 Ed. 1. cap. 1. and cap. 3. and 28 Ed. 1. cap. 2.17 And in the Preamble of the great Charter as the Lord Cook shewes in the second part of his Institutes This antient this Common Law was assented unto and confirmed in these words in the CHARTER viz. that the King did it spontanea bona voluntate that so the King might not plead per duresse as King John did who sought to avoyd it upon pretence of Duress And further saith the Lord Cook in his Proeme to the second part of his Institutes The Common Law of England the great Charter cannot be avoyded by the pretence and suggestion of the minority of a King because his pollitique capacity did alwayes judge him to be of age and no Minor that no argument whatsoever might avoyde our Fundamentall Lawes and Libertyes And further he saith that the onely thing that hath impugned our Liberties hath been evill Counsel Flattery and Ambition and cites the Case of Hugo de Burgo cheife Justice in Henry the 3d his time which is above 400 yeares agoe and Hugh Spencer c for giving rash and evill Counsell to Ed. the 2d but their advice proved destructive to them as the Lord Cook that renowned and industrious PATRIOT excellently shewes and illustrates in the second part of his Institutes of the Lawes of England in his Proem and upon the 29th Chapter of the great Charter All which with friendly submission although you are a stranger get to me to your impartiall serious and just consideration is of great use and worthy your reading and of extending your abilityes and understanding to manifest your affections to those Fundamentall Legal Aphorismes therein contained or to be naturally deduced instead of your own Politicall ones And further to continue to manifest the Excellency of the being and supremacy of the Law averred and mutually confessed in the dayes of Monarchy and by honourable Parliamentary Counsell you may see in Rastalls Abridgements of the Statutes Title Justice and Right Justices An. 2. Ed. 3. Cap. 8. By the assent of the great men and otherwise men of our Counsell we have