Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	duke_n	earl_n	norfolk_n	4,453	5	11.9361	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

be avoided by Attaint or by Error as it hath been used by the Laws in the time of the Kings Progenitors 4 H. 4. c. 23. The Parliament may take Recognizances whilst it is sitting viz. the Upper House 1 H. 7.20 and so it seems may the Lower House Recogn Br. 8. Parl. Br. 92. Note That it hath been often sound that Wales and the Counties Palatines that did not come to Parliament should not be bound by the Parliament of England for Ancient Demesn is a good Plea in an Action of Waste given by the Statute and yet Ancient Demesn is not excepted and it is enacted 2 E. 6. c. 28. that Fines with Proclamations shall be in Chester for the former Statutes do not extend to it and it is enacted that Fines with Proclamation shall be likewise in Lancaster 37 H. 8. c. 19. and Proclamation upon an Exigent is given by Statute in Chester and in Wales 1 E. 6. c. 10. and such another Act of Lancaster 5 6 E. 6. c. 26. And the Statute of Justices of Peace shall not extend to Wales nor to a County Palatine and therefore an Act is made for Chester and Wales 27 H. 8. c. 5. But see Tit. County Palatine 17. 20. that any Act shall extend to a County Palatine 8 H. 6. c. 34. See above the Act for Knights and Burgesses of the said County Palatine to come to Parliament c. 34 H. 8. c. 13. The Wife of a Duke Earl Baron and such as being married or Widows in Case of Felony and Treason shall be tried by their Peers as her Husband shall be tried per 20 H. 6. c. 11. Stamf. 153. But if her Husband cannot have such Tryal the Wife shall not and if after the death of the Husband she marries an Esquire or Knight she loses her Dignity in Law Dyer 79. An Attachment is not grantable by the Common Law Statute Law Custom or Precedent against a Lord of Parliament and the Lord Cromwel by order in the Parliament Chamber was discharg'd of such Process Dyer 316. See Debt for 100 l. brought by R. Buckley Knight against Richard Thomas of Lanuaire upon the Statute of 23 H. 6. for that he was chosen Knight for the County of Anglesey in Wales which said R. T. being Sheriff of that County did not return him accordingly where it was argu'd that the Statute did not extend to Wales as to give the forfeiture aforesaid to the Knight chosen and not returned And yet it was adjudged that the Plaintiff should recover because the Statute 27 H. 6. enacts that the Country and Dominion of Wales shall be stand and continue for ever incorporated united and annexed to and with the Realm of England and that every Person born or after to be born in the said Country or Dominion of Wales shall have enjoy and inherit all and every Liberties Franchises Rights Privileges and Laws within this Realm and other Dominions of the King as other Kings Subjects naturally born within the same have had and have enjoyed Com. 120. If a man speaks slanderous words of the Queen and is not punished within the time given by the Statute of 23 Eliz. c. 2. he shall be punished by the Statute of Westm. 1. viz. shall be imprisoned untill he find the Person that spake c. according to the Statute W. 1. cap. 33. and not according to the advice of the Council for that is when the slander touches the Nobles and great Officers expressed in the Statutes made 2 R. 2. c. 5. 12. R. 2. c. 11. and not the King for he is a Person exempted and not implyed in those words of great Men and Nobles Dyer 155. In a Praemunire against a Lord of Parliament he ought to appear in his proper Person and not by Atturney unless he has a special Writ of Chancery 14 H. 4.14 9 E. 4.2 Note that in January 38 H. 8. Henry Howard Earl of Surrey Son and Heir Apparent of Thomas Duke of Norfolk was attainted of high Treason for joyning the Arms of England before the Conquest and other Arms after to his own Arms and other pretences against the Prince and he was tried by Knights and Gentlemen and not by Lords nor by Peers of the Kingdom for that he was not an Earl by Creation but by Birth as Heir Apparent of a Duke who was invested with the dignity in Law for if it had been a Dignity by Creation and a Lord of Parliament he should have been tried by his Peers 38 H. 8. Treason Br. 2. A Statute in the Affirmative doth not alter the Common Law Dier 50. Every Session is as a Parliament Dyer Fol. 203. Note An attaint by Parliament shall have Relation to the first day of Parliament as to the forfeiture of the Lands of the Offender unless it be specified in the Act that the forfeiture shall relate to the day when the Treason was committed Relation 43.35 H. 8. Note That in every Case of Treason or Felony newly made by Statute the Lords of Parliament shall have their Tryal by their Peers notwithstanding that the Statute does not provide for it by express Words so that the Proviso inserted for their Tryals in such Cases in the Statute is an abundance per Stamford 153. And Tryal per pares is given by Magna Charta cap. 9. Stamford 152. Note That in Cases of misprision of Treason or Felony Lords of Parliament shall be tried by their Peers Note That a Statute was made Anno Domini 1296. by the King and his Barons Clero excluso and this was at a Parliament holden at St. Edmundsbury in the Reign of Ed. 1. as Jewel Bishop of Sarum against Harding fol. 620 reporteth And in a Province at Merton in the time of H. 3. 1273 where the matter was moved touching Basterdy for the Legitimation of those that were born before Marriage and it is said that the Statute passed intirely with the Lords Temporal without the Clergy but it seems that it is no Statute but an affirmance of the Common Law which the Lords said that they would not alter see 11 R. 2. cap. 9. A man attainted of Felony or Treason shall not be restored in Blood without Parliament Restitution Br. p. 37. 3 E. 6. In a Homine Replegiando the Sheriff returnes that the Defendant had eloigned the Body so that he could not make deliverance c. then the Plaintiff shall have a Capias in Withernam to take the Body of the Defendant and detain him c. untill c. be he either a Peer of the Realm or other Common Person and if the Sheriff return Non est inventus upon this Capias in Withernam of the Body then the Plaintiff shall have a Withernam of the Goods of the Defendant F. Nat. Brevium 68. 11 H. 4.15 R. E. brought a Writ of Chancery and of the Privy-Seal to be discharged of serving in Juries and Assizes for that he was a Baron and therefore ought not to be