Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	high_a	lord_n	treasurer_n	4,230	5	10.7514	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56321	The declaration of John Pym Esquire upon the whole matter of the charge of high treason against Thomas Earle of Strafford, April 12, 1641 with An argument of law concerning the bill of attainder of high treason of the said Earle of Strafford, before a committee of both Houses of Parliament, in Westminster Hall by Mr. St. Iohn His Majesties solicitor Generall, on Thursday, April 29, 1641 / both published by order of the Commons House.	Pym, John, 1584-1643.; St. John, Oliver, 1598?-1673. Argument of law concerning the bill of attainder of high-treason of Thomas Earle of Strafford.	1641 (1641)	Wing P4262; ESTC R182279	46,678	116

The Kings writ runs not within the County Palatine of Chester and Durham nor within the five Ports neither did it in Wales before the union in Henry the eighth's time after the Lawes of England were brought into Wales in King Edward the first 's time suits were not originally commenced in Westminst Hall for things done in them yet this never excluded the Parliament suits for life lands and goods within those jurisdictions are determinable in Parliament as well as in any other parts of the Realme Ireland as appeares by the Statute of the thirtieth yeer of Henry the third before mentioned is united to the Crowne of England By the Statute of the eight and twentieth yeere of Henry the sixth in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crowne of England which Crowne of England is of it selfe and by it selfe fully wholly and entirely endowed with all power and authority sufficient to yeeld to the subjects of the same full and plenary remedy in all debates and suits whatsoever By the Statute of the three and thirtieth yeer of Henry the eighth the first Chapter when the Kings of England first assumed the title of King of Ireland it is there enacted That Ireland still is to bee held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings writ runs not in Ireland it might aswell bee held that the Parliament cannot originally hold plea of things done within the County Palatine of Chester Durham nor within the five Ports Wales Ireland is part of the Realme of England as appears by those Statutes aswell as any of them This is made good by constant practice In all the Parliament rolls from the first to the last there are receivers and tryers of petitions appointed for Ireland For the Irish to come so farre with their petitions for justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed receivers and tryers of them is a thing not to bee presumed An appeale in Ireland brought by William Lord Vescye against John Fitz Thomas for treasonable words there spoken before any Judgement given in the case there was removed into the Parliament in England and there the defendant acquitted as appeares in the Parliament pleas of the two and twentieth yeere of Edward the first The suits for lands offices and goods originally begun here are many and if question grew upon matter in fact a Jury usually ordered to try it and the verdict returned into Parliament as in the case of one Balliben in the Parliament of the five and thirtieth yeere of Edward the first If doubt arose upon a matter triable by Record a writ went to the Officers in whose custody the Record remained to certifie the Record as was in the case of Robert Bagot the same Parliament of the five and thirtieth yeere of Edward the first where the writs went to the Treasurer and Barons of the Exchequer Sometimes they gave judgement here in Parliament and commanded the Judges there in Ireland to doe execution as in the great case of petition between the coparceners of the Earle Marshall in the Parliament of the three and thirtieth yeere of Edward the first where the writ was awarded to the Treasurer of Ireland My Lords The Lawes of Ireland were introduced by the Parliaments of England as appeares by three Acts of Parliament before cited It is of higher jurisdiction dare Leges then to judge by them The Parliaments of England doe binde in Ireland if Ireland bee particularly mentioned as is resolved in the Book case of the first yeere of Henry the seventh Cokes seventh Report Calvins case and by the Judges in Trinity Terme in the three and thirtieth yeere of Queene Elizabeth The Statute of the eighth yeere of Edward the fourth the first Chapter in Ireland recites that it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the third his time downward to the eighth yeere of Queene Elizabeth by which Statute it is made felony to carry sheepe from Ireland beyond seas in almost all these Kings reignes there be Statutes made concerning Ireland The exercising of the Legislative power there over their lives and estates is higher then of the Judiciall in question Untill the nine and twentieth yeere of Edward the third erroneous judgements given in Ireland were determinable no where but in England no not in the Parliaments of Ireland as it appeares in the close rolls in the Tower in the nine and twentieth yeere of Edward the third membr 12. Power to examine and reverse erroneous judgements in the Parliaments of Ireland is granted from hence Writs of errour lie in the Parliament hereupon erroneous judgements after that time given in the Parliaments of Ireland as appears in the Parliament rolls of the eighth yeere of Henry the sixth no. 70. in the case of the Prior of Lenthan It is true the case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the jurisdiction The Acts of Parliament made in Ireland have bin confirmed in the Parliaments of England as appears by the close rolls in the Tower in the two and fortieth yeere of Edward the third memb 20. dorso where the Parliament in Ireland for the preservation of the Countrey from the Irish who had almost destroyed it made an Act that all the land owners that were English should reside upon their lands or else they were to bee forfeited This was here confirmed In the Parliament of the fourth yeer of Henry the fifth chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peeres in the Parliaments there are regulated Power to repeale Irish Statutes power to confirme them cannot be by the Parliament here if it hath not cognizance of their Parliaments unlesse it be said That the Parliament may doe it knowes not what Garnesey and Jersey are under the Kings subjection but are not parcels of the Crowne of England but of the Duchy of Normandy they are not governed by the Lawes of England as Ireland is and yet Parliaments in England have usually held plea of and determined all causes concerning lands or goods In the Parliament of 33. H. i● there be plactia de Insula Jernesey and so in the Parliament 14. E. 2. and so for Normandy and Gascoyne and alwaies as long as any part of France was in subjection to the Crown of England there were at the beginning of the Parliaments receivers and tryers of petitions for those parts appointed I beleeve your Lordships will have no cases shewed of any plea to the jurisdiction of the Parliaments of England in any things done in any

warre-like manner and yet no levying of warre within the Statute that is when the forces are raised and imployed upon private ends either of revenge or interest Before this Statute in E. 1. time The Title of a Castle was in difference between the Earles of Hereford and Gloster for the mainetaining of the possession on the one side and gayning of it on the other Forces were raised on either side of many hundred men they marched with Banners displayed one against the other In the Parliament in the 20. yeere of Edw. 1. this adjudged onely trespasse and either of the Earls fined a 1000. markes a peece After the Statute in Hillary Terme the fiftieth yeere of Edward the third in the Kings Bench Rot. 3. Nicholas Huntercome in a warre-like manner with 40. men armed amongst other weapons with Gunnes so antient as appeares by that Record they were did much spoyle in the Mannor of the Abbee of Dorchester in the County of Oxford This no Treason So it hath beene held by the Judges that if one or more Towneships upon pretence of saving their Commons doe in a forecible and warre-like manner throwe in Inclosures This is onely a Riot noe Treason The words of the Statute of 25. E. 3. cleare this Point that if any man ride armed openly or secretly with men at Armes against any other to kill and robbe or to detaine him untill hee hath made fine and ransome for his deliverance this is declared not to bee Treason but Fellony or Trespasse as the case shall require all the printed Statutes which have it covertly or secretly are mis-printed for the words in the Parliament Roll as appeares n. 17. are Discovertment on secreretment openly or secretly So that my Lords in this of levying warre the Act is not so much to bee considered but as in all other Treasons and Fellonies quo animo with what intent and purpose Object My Lords If the end bee considerable in levying warre it may bee said that it cannot bee a Treason warre unlesse against the King For the wordes of the statute are If any man levy warre against the King Answ That these words extend further then to the Person of the King appeares by the wordes of the Statute which in the beginning declares it to be Treason to compasse and imagine the Kings death and after other Treasons this is to be declared to be Treason to levy warre against the King If the levying of warre extend no further then to the person of the King These words of the Statute are to no purpose for then the first Treason of compassing the Kings death had fully included it before because that hee which levies warre against the person of the King doth necessarily compasse his death It s a warre against the King when intended for alteration of the Lawes or Government in any part of them or to destroy any of the great Officers of the Kingdome This is a levying of Warre against the King Because the King doth protect and maintaine the Lawes in every part of them and the great Officers to whose care hee hath in his owne steede delegated the Execution of them Because they are the Kings Lawes Hee is the Fountaine from whence in their severall Channels they are derived to the Subject all our inditements run thus Trespasses laied to bee done Contrapacem Domini Regis the Kings peace for exorbitant offences though not intended against the Kings Person against the King his Crowne and Dignity My Lords this construction is made good by diverse Authorities of great weight ever since the statute of 25. E. 3. down-wards In R. the 2 ds time Sir Thomas Talbot conspired the death of the Dukes of Glocester and Lancaster and some other of the Peeres for the effecting of it hee had caused diverse people in the County of Chester to be armed in warre-like manner in Assemblies In the Parliament held the seventeenth yeere of Richard the second number the 20. Sir Thomas Talbot accused of high Treason for this It s there declared that insomuch as one of them was Lord high Steward of England and the other high Constable of England that this was done in destruction of the estates of the Realme and of the Lawes of the Kingdome and therefore adjudged Treason and the judgement sent downe into the Kings Bench as appeares Easter-Tearme in the seventh yeere of Richard the second in the Kings Bench Rott 16. These two Lords had appeared in the eleventh yeere of Richard the second in mainetenance of the Act of Parliament made the yeare before one of them was of the Commissioners appointed by Parliament and one of the Appellours of those that would have overthrowne it The Duke of Lancaster likewise was one of the Lords that was to have beene indicted of Treason for endeavouring the maintenance of it and therefore conspiring of their deaths is said to be in destruction of the Lawes This there declared to bee a Treason that concerned the Person of the King and the Common-wealth In that great insurrection of the Villains and meaner people in Richard the seconds time they tooke an oath Quod Regi Comunibus fidelitatem servarent to bee true to the King and Commons that they would take nothing but what they paid for punished all theft with death heere 's no intendment against the person of the King The intent was to abolish the Law of villinage and servitude to burne all the Records to kill the Judges this in the Parliament of the fifth yeere of Richard the second number the one and thirtieth and two and thirtieth the first part is declared to be Treason against the King and against the Law In the eleventh yeere of Richard the second in Parliament the raising of forces against the Commissioners appointed by act of Parliament the yeer before adjudged Treason by all the Judges The Statute of 1. Mar. cap. 12. inacts that if twelve or more shall indeavour by force to alter any of the Lawes or Statutes of the Kingdome hee shall from such a time there limited bee adjudged onely as a fellon This act was to continue but to the next Parliament it is expired it shewes by the words onely that the offence was higher before the making of it My Lords In Queene Elizabeths time Grant and diverse Prentices of London to the number of 200. rose and assembled at Tower-hill carried a Cloake upon a Pole insteede of a banner their intent was to deliver divers Prentices out of prison that had beene committed upon a sentence in Star-Chamber for ryots To kill the Lord Major of London and for setting prices on victuals In Trinity Tearme 37. Eliz. divers of the Iudges consulted withall and resolved that this was a levying of warre against the Queene being intended against the government and officers of the Queen and thereupon Grant and others executed as Traitors Afterwards in that Queenes time divers of the County of Oxford consulted together to goe from house to house in