Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	chancellor_n	lord_n	treasurer_n	4,725	5	10.9378	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A75552	The arguments upon the writ of habeas corpus, in the Court of Kings Bench. Wherein, are learnedly discussed, not onely the severall branches of the said writ, but also many authorities as well of the common as statute law: and divers ancient and obscure records most amply and elaborately debated and cleared. Together, with the opinion of the court thereupon. Whereunto is annexed, the petition of Sir Iohn Elliot Knight, in behalf of the liberty of the subject.	Eliot, John, Sir, 1592-1632.; England and Wales. Court of King's Bench.	1649 (1649)	Wing A3649; Thomason E543_1; ESTC R204808	64,168	98

the Records and after the King releaseth his commandment and that the outlawry should be reversed and for the felony he was bailed Vide the Record So that you may see the offences mentioned in the Warrant for the commitment were triable here and when the King releases his commandment they were bailed for the rest but they that were committed by the commandment of the King were released by the King In 7 H. 7. the Cases of William Bartholmew Henry Carre and others is to the same effect by all which you may see that when the King releaseth his commandment they were bailed for the rest and as they were committed by the Kings commandment so they were released by the Kings command Now here I shall trouble you with no more presidents and you see your own what conclusion they produce And those strong presidents alledged on the other side we are not wiser then they that went before us and the common custome of the Law is the Common Law of the Land and that hath been the continuall common custome of the Law to which we are to submit for we come not to charge the Law but to submit to it We have looked upon that president that was mentioned by Master Atturney The resolution of all the Judges of England in 34 Eliz. we have considered of the time and I think there were not before nor have been since more upright Judges then they were Wray was one and Anderson another In Easter Term this was certified under the hands of all the Judges of England and Barons of the Exchequer in a duplicate whereof the one was delivered to the Lord Chancellor and the other to the Lord Treasurer to be delivered to the Queen We have compared our copies not taking them the one from the other but bringing them we have long had them by us together and they all agree word for word and that which M. Atturney said he had out of Judge Andersons Book and it is to this purpose to omit other things That if a man be committed by the commandment of the King he is not to be delivered by a Habeas Corpus in this Court for we know not the cause of the commitment Vide this at the latter end of the first part of Master Seldens Argument as aforesaid But the Question now is Whether we may deliver this Gentleman or not you see what hath been the practice in all the Kings times heretofore and your own Records and this resolution of all the Judges teacheth us and what can we do but walk in the steps of our forefathers If you ask me which way you should be delivered we shall tell you we must not counsell you Master Atturney hath told you that the King hath done it and we trust him in great matters and he is bound by Law and he bids us proceed by Law as we are sworn to do and so is the King and we make no doubt but the King if you seek to him he knowing the cause why you are imprisoned he will have mercy but we leave that If in Justice we ought to deliver you we would do it but upon these grounds and these Records and the presidents and resolutions we cannot deliver you but you must be remanded Now if I have mistaken any thing I desire to be righted by my brethren I have indeavoured to give the resolutions of us all TO THE KINGS MOST EXCELLENT MAIESTY The humble Petition of Sir John Elliot Knight Prisoner in the Gatehouse concerning the LOANE Delivered the 10th of Novemb 1627. but never answered SHEWETH THAT your poore suppliant affected with sorrow and unhappinesse through the long sense of your Majesties displeasure willing in every act of duty and obedience to satisfie your Majesty of the loyalty of his heart then which he hath nothing more desired that there may not remain a jealousie in your royall breast that stubbornnesse and will have been the motives of his forbearing to condescend to the said Loan low as your Highnesse foot with a sad yet a faithfull heart for an Apology to your Clemency and Grace he now presumes to offer up the Reasons that induced him which he conceiveth necessity of his duty to Religion Justice and your Majesty did inforce The Rule of Justice he takes to be the Law impartiall Arbiter of Governments and obedience the support and strength of Majesty the observation of that Justice by which subjection is commanded Religion adding to these power not to be resisted binde up the conscience in an Obligation to that rule which without open prejudice and violence of these duties may not be impeached In this particular therefore for the Loan being desirous to be satisfied how farre the Obligation might extend and resolving where he was left master of his own to become servant to your will he had recourse unto the Laws to be informed by them which in all humility he submitteth to your most sacred view in the Collections following In the time of Edw. 1. he findeth that the Commons of that age were so tender of their Liberties as they feared even their own free Acts and gifts might turn them to a Bondage and their heires wherefore it was desired and granted 25 E. 1. That for no businesse such manner of Aids Taxes nor Prizes should be taken but by common assent of the Realm and for the common Profit thereof The like was in force by the same King and by two other Laws again enacted Stat. Tallage 33 E. 1. That no Tallage or Aid should be taken or levied without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land And that prudent and magnanimous Prince Edward the third led by the same Wisdome having granted That the greatest gift given in Parliament for the aid and speed of his matchlesse undertaking against France should not be had in example nor fall to the prejudice of the Subject in time to come did likewise adde in confirmation of that Right That they should not from thenceforth be grieved to sustain any charge or aid but by the common assent and that in Parliament And more particularly upon this point upon a Petition of the Commons afterwards in Parliament it was established Rot. 16. 25 E. 3. That the Loans which are granted to the King by divers persons be released and that none from henceforth be compelled to make such Loans against their wills because it is against reason and the Franchises of the Land and restitution be made to such as made such Loans And by another Act upon a new occasion in the time of Richard the third it was ordained That the Subject in no wise be charged with any such charge exaction or imposition called a Benevolence nor such like Charge and that such like exactions be damned and annulled for ever 1 R. 3. Such were the opinions of these times for all these Aids Benevolences Loans and such like charges exacted

à Prisona praedict deliberari non debeat Rex justiciar suis de Banco salut Cum nos nuper ad significationem S. de Isle c. usque ibi excommunicat extitisse nec se velle c. esset satisfactum ex parte ipsius N. virtute manditi nostri praed capt in Prisona nostra de Newgate tuncdetenti c. et nolentes eo praetextu praefato N. per breve nostrum praed via praecludat quo minus appellac suae negotium c. processerat appellant statut c. per breve nostrum praeceperimus praefat vic quod scire facerent c. vobis signific consult circumspect in Placitis per breve praedict coram vobis pendentibus procedere valeatis secundum legem consuetudinem Regni nostri Stamf. 72. 5 E. 3. c. 8. 1. E. 3. c. 9. saith that every Capias in a personall action is a commandment of the King for it is Praecipimus tibi quod capias c. and yet the defendant as there it is said is replevisable by the Common law 7 R. 20. a. Calvins case saith that there are two kind of writs viz. brevia mandatoria remedi●lia brevia mandatoria non remedialia brevia mandatoria remedialia are writs of Right Formedon c. debts trespasses and shortly all writs reall and personall whereby the party wronged is to recover somewhat and to be remedied for that wrong which is done unto him Sixthly I doe finde by our books of Law and by the Register that this speciall mandatum domini Regis is expounded to be his writ and that the Law taketh no notice of any other speciale mandatum then by this writ the which being so when the return is made that he is imprisoned and detained in prison by the speciall commandment of the King how can the Court adjudge upon this return that Sir Iohn Corbet ought to be kept in prison and not to be bailed when the nature of the speciall commandment is not set forth in the return whereby it may appear unto the Court that he is not bailable In Bracton c. 12. 112. you shall see a writ reciting Praecipimus tibi quod non implacites nec impl●citari permittas talem de libero tenemento suo in tali villa sine speciali praecepto nostro vel Capitalis Justiciar ' nostri And the reason of it there is given quia nemo de libero tenemento sine brevi sive libello conventionali nisi gratis voluerit respondebit So as the exception of speciall commandment by the very book appeareth to be breve sive libellus conventionalis Regist 271. the writ of Manucaption goeth in this manner Rex vic Salut Cum nuper assignaverimus dilectos et fideles nestros A. B C. D. ad inquisitiones de forstallariis et transgressionibus contra formam statuti dudum apud Winton editi in com tuo faciend et ad illos quos inde culpabiles invenirent capiend in Prisona nostra salvo custod faciend donec aliud inde praecepissemus quod C. D. et E. pro hujusmodi forstallamentis transgressionibus unde coram praefat A. B. C. indict fuerint capt in Prisona de L. detent exist à qua deliberari non possunt sine mandato nostro speciali Nos volentes eisdem C. D. E. gratiaem in hac parte facere specialem tibi praecipimus quod si praedict C. D. et E. occasione praedict et non alia in Prisona p●…dict detineantur et pro transgressionibus illis secundum legem consuetudinem Regni nostri Angliae replegiabiles existunt c. tunc impos C. D. et E. à Prisona praedict si ea occasione et non alia detineantur in eadem interim deliberari facias per manucapt supradict et habeas ibi tunc coram praefat Justiciar nomina manucapt illorum et hoc breve And the exposition of this speciale mandatum domini Regis mentioned in the writ is expounded to be breve domini Regis thereupon is this writ directed unto the Sheriffe for the delivery of them And so for the first branch of the first part I conclude that the speciall command of the King without shewing the nature of the commandment of the Kings is too generall and therefore insufficient for he ought to have returned the nature of the commandment of the King whereby the Court might have adjudged upon it whether it were such a commandment that the imprisonment of Sir Iohn Corbet be lawfull or not and whether it were such a commandment of the King that although the imprisonment were lawfull at the first yet he might be bailed by Law And as for the generall return of speciale mandatum domini Regis without shewing the cause of the imprisonment either speciall or generall I hold that for that cause also the return is insufficient First in regard of the Habeas corpus which is the commandement of the King onely made the 15 of November According to the Teste of the writ commanding the keeper of the Gatehouse to have the body of Sir Iohn Corbet una cum causa detentionis et ad subjiciendum et recipiendum ea quae curia nostra de eo ad tunc ibid. ordinar conting●… ' So as the commandment of the writ being to shew the cause of his detaining in prison the keeper of the Gatehouse doth not give a full answer unto the writ unlesse the cause of the detainment in prison be returned and the Court doth not know how to give their judgement upon him either for his imprisonment or for his discharge according to the purport of the writ when there is not a cause returned and forasmuch as upon an excommengement certified it hath been adjudged oftentimes that Certificates were insufficient where the cause of the commitment hath not been certified that the Court might adjudge whether the Ecclesiasticall Judges who pronounced the excommunication had power over the originall cause according to the book of 14 Hen. 4. 14. 8. Rep. 68. Trollops case 20 Ed. 3. Excommengement 9. So upon an Habeas corpus in this Court where a man hath been committed by the Chancelour of England by the Councell of England Marches of Wales Warden of the Stanneries High Commission Admiralty Dutchy Court of Request Commission of Sewers or Bankrupts it hath severall times been adjudged that the return was insufficient where the particular cause of imprisonment hath not been shewn to the intent that it might appear that those that committed him had jurisdiction over the cause otherwise he ought to be discharged by the Law I spare to recite particular causes in every kinde of these because there are so many presidents of them in severall ages of every King of this Realm and it is an infallible maxime of the Law That as the Court of the Kings Bench and Judges ought not to deny an Habeas corpus unto any prisoner that shall demand