Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	king_n	march_n	3,976	5	9.4156	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A64753	The reports and arguments of that learned judge Sir John Vaughan Kt. late chief justice of His Majesties court of Common Pleas being all of them special cases and many wherein he pronounced the resolution of the whole court of common pleas ; at the time he was chief justice there / published by his son Edward Vaughan, Esq.	England and Wales. Court of Common Pleas.; Vaughan, John, Sir, 1603-1674.; Vaughan, Edward, d. 1688.	1677 (1677)	Wing V130; ESTC R716	370,241	492

but for Churches only within the Lordships Marchers whether of the Kings Patronage or others for there it is certain according to the reason given in the Books that the Stewards of the Lordships Marchers to whomsoever they belonged could not write to the Bishops And Newton was right 19 H. 6. That if Action of Dower once brought in the Court of any Signiory real it should be Royal in Wales and there issue should be upon usque accouple in loyal Matrimony which must be tryed by the Bishop but the Court had no power to write to the Bishop but therefore saith he The King shall write to the Marshal to remove the Record hither and then we shall make Process to the Bishop But this is against the Resolution of all the Judges in Cr. 2 Car. 1. f. 34. So as either of Necessity this was a provision in the same Act That as well Quare Impedits should be brought in England of Churches in the Lordships Marchers of Wales as that Writs should be brought in England of Lordships Marchers or any part of them in question because Justice could not be had in Wales either concerning such Lordships or Churches or else Churches within Lordships Marchers being in the same Case for a failer of Justice they were comprehended and ought to be so within the equity of that Act of Parliament for Iustice to be had touching the Lordships themselves and that the Law was such appears 1. That only Quare Impedits for Churches in Lordships Marchers in Wales and not for Churches in the ancient Shires or of the Principality of Wales whereof submission and render was made to E. 1. were to be brought and tryed in England 2. That Tryals and Writs in England for Land in Wales were only for Lordships Marchers and not for any Land in Wales which was of the ancient Principality for the Lordships Marchers were or most of them of the Dominion of England and held of the King in chief as appears by the Statute 28 E. 3. c. 2. and by the Title of the Earl of March before the rendition of the Principality to E. 1. That the Law was so for the Quare Impedits appears in the first place by the Book before cited 11 H. 6. f. 3. where Danby Martin and Newton were of Opinion argued about a Church in Garnsey for the Case before them was not of a Church in Wales That Quare Impedits for Churches in Wales were to be brought in England which was true but not for Churches which were not in any Lordships Marchers Strange affirms positively in the same Case in these words It is frequent to have Quare Impedits in Wales Per Strange 11 H. 6. f. 3. and the Bishops there do serve the Writs directed to them which I my self have often seen And what he said was most true for Churches within the Principality as what the other Judges said was also true concerning Churches within the Lordships Marchers for those Courts had no power to write to the Bishops But this is most manifest by the Statute of Wales 12 E. 1. That the Kings Justiciar there had power within the County where he was Justiciar to write to the Bishops which the Lords Marchers could not do The words of the Law are upon demand of Dower in Wales before the Kings Justiciar Stat. Walliae f. 17. Si forte objiciat quare non debet dotem habere eo quod nunquam fuit tali quem ipsa vocat virum legitimo matrimonio copulata tunc mandabitur Episcopo quod super hoc inquirat veritatem inquisita veritate certificet Justitiarios Walliae secundum certificationem Episcopi procedatur ad judicium It is clear also 10 H. 4. f. 6. That the Bishops of Wales were originally of the Foundation of the Princes of Wales as is the Book of 10 H. 4. and their Courts did write to their own Bishops as the Courts in England did to the Kings Bishops And when the Dominion of Wales was lawfully vested in the King of England his Justices there must have the same power as to the Bishops that the Justices of the Courts of the Prince of Wales had before How the same stands in this point since the Statute of 27 of the Vnion of Wales with England shall be shewed after Besides what hath been already shewed That the Writs out of the Chancery in England issued not into Wales for Tryals of Land other than the Land of Lordships Marchers and by a special Law that was provided but neither for other Lands nor for other Issues arising in Wales Tryals were not to be in the English Counties 11 H. 6. f. 3. A B. In 11 H. 6. Danby saith That if a Church in Wales which is out of the Jurisdiction of the Common Law and a Franchise of the Prince cannot award a Writ to the Bishop and for this cause it must be brought here But other Actions are not maintainable here of a thing done in Wales which was true of a thing done within the Principality and of a Church within the Principality also a Quare Impedit was not to be brought in England 19 H. 6. f. 12. A. In 19 H. 6. Fortescue takes a difference between Wales which was once a Kingdom of it self and the Counties Palatine which were parcels of England and therefore saith The King may send a Record to be tryed in the Counties Palatine because he might do so at Common Law but could not into Wales because he could not at Common Law And then he saith That is the cause that the Statute wills that of things pleaded there as of a Release bearing date there it shall be tryed in the next adjoyning County What this Statute should be he means unless it be the same mentioned in the Case 18 E. 2. is not intelligible for the Statute of 9 E. 3. which speaks of Releases pleaded in Franchises within the Realm That they should be tryed in the County where the Action was brought he cannot intend for that Wales was no Franches nor Franchis of the Realm and Tryals where the Action is brought is not a Tryal in the next adjoyning County to the place where the Issue arises And by Ascue expresly in that Case that Statute proves in it self it doth not extend to a Deed bearing date in Wales but all such Deeds and all other things alledged in Wales shall be tryed in the County next adjoyning by the Common Law for so he adds which could not be So as an Action brought upon a Bond or Deed made in Wales Ireland Normandy Dutchland or upon a matter there alledged cannot possibly be for want of Tryal but a Plea in Barr to an Action brought arising there some question hath been Whether such a Plea shall not be tryed where the Action is brought and in such a Case if the Plea in Barr arise wholly out of the Realm of England the better Opinion is that such Plea

wants a Tryal See for this 32 H. 6 25. B. 8 Ass pl. 27. d. Dowdales Case Co. l. 6. Thus bringing Actions in England and trying them in Counties adjoyning to Wales without knowing the true reason of it also bringing Quare Impedits in like manner for Churches in Wales without distinguishing they were for Lands of Lordships Marchers held of the King and for Churches within such Lordships Marchers hath occasioned that great diversity and contrariety of Opinions in our Book and at length that common Error That matters in Wales of what nature soever are impleadable in England and to be tryed in the next adjoyning County When no such Law was ever pretended to be concerning other the Kings Dominions out of the Realm belonging to the English Crown of the same nature with Wales as Ireland the Isles of Garnsey and Jersey Calais Gascoign Guyen anciently Nor could it be pretended of Scotland if it should become a Dominion of the Crown of England it being at present but of the King of England though it was otherwise when the King came to the Crown And to say that Dominions contiguous with the Realm of England as Wales was and Scotland would be is a thing so simple to make a difference as it is not worth the answering for no such difference was assignable before Wales became of the Dominions of England and since the Common Law cannot make the difference as is observed before It remains to examine what other Alterations have been by Act of Parliament whereby Jurisdiction hath been given to the Courts of England in Wales without which it seems clear they could have none 1. And first by Parliament 26 H. 8. power was given to the Kings President and Council in the Marches of Wales in several Cases 2. Power was given to indict outlaw and proceed against Traytors Clippers of Mony Murtherers and other Felons within the Lordships Marchers of Wales so indicted in the adjoyning Counties by the same Statute but not against such Offenders within the Principality of Wales which was not Lordships Marchers 3. Some other Laws are of this nature about the same time to punish the perjury of Jurors in Wales generally before the Council of the Marchers 1 E 6. c. 10. ●1 Eliz. c. 3. That Proclamations upon Exigents should issue into Wales was ordained by the Statute of 1 E. 6. for by a Statute before in 6 H. 8. c. 4. such Proclamations went but to the adjoyning Counties Rastall Exigent but the Capias utlagatum went always as I take it being a Mandatory Writ for the King but by 1 E. 6. c. 10. That if any persons dwelling in Wales shall after the time limited by the Act be outlawed that then Writs of special Capias utlagatum single Capias utlagatum Non molestando and all other Process for or against any person outlawed shall issue to the Sheriffs of Wales as immediate Officers of the King's Bench and Common Pleas. Capias Utlag●tum So as the issuing of a Capias utlagatum into Wales is clear by Parliament 34 H. 8. Persons having Lands in Wales and bound in Statute Staples or Recognizances in England Process to be made against them out of the Chancery in England to the Sheriffs of Wales and for Recognizances acknowledged before either of the Chief Justices by them Process to be immediately pursued from the said Justices 34 H. 8. c. 26. All Process for urgent Causes to be directed into Wales by command of the Chancellor of England or any of the King's Council as hath been used The next is the Alteration made by the Statute of 27 H. 8. which was very great and by which it is commonly taken that Wales was to all purposes united with England and that since all Process may issue out of the Courts here to Wales It is said that the Dominion and Principality of Wales is and always hath been incorporated to the Realm of England that is ut per Stat. Walliae 12 E. 1. jure feodali non proprietatis and so it is expounded in Calvin's Case Cal. C. 7 Rep. f. 21. B. But there it is said by 12 E. 1. which is there taken for an Act of Parliament Wales was united and incorporated unto England and made parcel of England in possession and the Case of 7 H. 4. f. 14. there cited but this is clearly otherwise for unless that Stat. Walliae were an Act of Parliament it could not make Wales part of England which is much questioned for no such Parliament is found summoned nor Law made in it nor is it likely at that time a Parliament of England should be summoned there for Rutland is doubtless in Wales which had it been part of England then made all Laws made or to be made in England without naming Wales had extended to it which they did not before 27 H. 8. The Incorporation of Wales with England by that Act consists in these particulars generally 1. That all persons in Wales should enjoy all Liberties Priviledges and Laws in England as the natural born Subjects of England 2. That all persons inheritable to Land should inherit the same according to the Laws of England thereby inheriting in Gavel kind was abrogated 3. That Laws and Statutes of England and no other should for ever be practised and executed in Wales as they have been and shall be in England And as by this Act hereafter shall be further ordained By this Clause not only all the present Laws of England were induced into Wales but all future Statutes of England to be made were also for the future in like manner induced into Wales which was more than ever was done in Ireland though Ireland before and by Parning's Act had the present Laws then and Statutes of England introduced into Ireland but not the future Laws and Statutes to be made as in this Case was for Wales But this gave no Jurisdiction in general to the Courts of England over Wales more than before nor otherwise than if a Law were made in England That the Laws and Statutes of England now and for the future always to be made should be Laws in Ireland the Courts in England would not thereby have other Jurisdiction in Ireland than they already have in any respect The Vniting of Wales to England and Incorporating Note doth not thereby make the Laws used in England to extend to Wales without more express words Pl. Com. 129. B. 130. A. By this Act it appears That the Lordships Marchers in the Dominions of Wales did lye between the Shires of England and the Shires of Wales and were not in any Shire most of which Lordships were then in the King's possession and some in the possession of other Lords And that divers of them are by the Act united and joyned to the County of Glocester others to the County of Hereford and others to the County of Salop others respectively to the Shires of Glamorgan Carmarthen Pembrook