Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	estate_n	say_a	tenement_n	3,026	5	11.0305	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A46779	Severall papers lately vvritten and published by Iudge Ienkins, prisoner in the Tower viz. 1. His vindication. 2. The armies indempnity [sic]: with a declaration, shewing, how every subject ought to be tryed for treasons, felonies, and all other capitall crimes. 3. Lex terræ. 4. A cordiall for the good people of London. 5. A discourse touching the incoveniences of a long continued Parliament. 6. An apologie for the army.; Severall papers lately written and published by Judge Jenkins, prisoner in the Tower.	Jenkins, David, 1582-1663.	1647 (1647)	Wing J608; ESTC R217036	64,480	98

said Duke then Protector to summon that Parliament Prynne ibid. fol. 19. ●●t the new count c●fe it Seale was made when the King was at G●xford in his own kingdome and not in the holy Land M● Prynne in his Book of the two Houses power to impose Taxes restraines Malignants against any Habeas Corpus 20. Ob. c. saith that the Parliament is above Magna Charta and fol. 15. ibid. The Parliament hath power over Magna Charta to repeale the same when there is Cause This Argument supposeth that they have the kings power Sol. which hath appeared formerly they have not But suppose they had Magna Charta containes many morall Lawes which by the Law of the Land a Parliament cannot alter 21 H. 7.2 D. Student 2. Dialogue For example it saith cap 18 Justice shall not be sold delayed no● denyed to any man but by this Argument the Parliament may make law to delay deny and to sell Justice which surely is a very ill position to maintaine What they would have doth now by the Propositions sent to N●●● castl● to his Majesty appeare whereby they would have him divest himselfe and settle in them all his kingly power by Sea and land and of themselves ●o have power without him today upon the people of this land what taxes they think meet to abolish the Common prayer booke to abolish Episcopacie and to introduce a Church Government not yet agreed but such as they shall agree on His Majes●y finding 〈◊〉 prevailing p●rty in both Houses to 〈…〉 and being chased away with Tumults from London leaves the Houses for these Reasons 〈◊〉 First because to 〈◊〉 the Government for Religion in against the king 〈◊〉 〈◊〉 against their Oathes For every of them hath sworne in this Parliament That His M●j●sty is the 〈◊〉 supreme Governour in all Causes Ecclesiasticall and over all persons Thirdly This course is against Magna Charta the 1. chap. and the last Salvae suis Episcopis omnes libertates suae Confirmed by thirty two Acts of Parliament and in the two and fortieth of Edward the third in the first Chapter enacts If any Statute be made to the contrary it shall be holden for none and so it is for Judgements at Law in the 25. of Edward the 1. chap. 1 2. The Great Charter is declared to bee the Common Law of the Land Fourthly they endeavour to take away by their Propositions the Government of Bishops which is as ancient as Christianity in this Land and the Book of Common-Prayer setled by five Acts of Parliament and compiled by the Reformers and Martyrs and practised in the time of foure Princes Fifthly these Propositions taking away from His Majesty all his power by land and Sea rob him of that which all his Ancestours kings of this Realme have enjoyed That Enjoyment and Usage makes the Law and a Right by the same to His Majesty They are against their owne Protestation made this Parliament viz. to maintaine His Royall person Honour and Estate They are against their Covenant which doth say that they will not diminish His Just Power and Greatnesse For these Reasons His Majesty hath left them and as i● beleeved will refuse to agree to the said Propositions as by the Fundamentall Law of the land hee may having a Negative Voyce to any Bills proposed The result of all is upon the whole matter That the king thus leaving of the Houses and his Denyall to passe the said Propositions are so farre from making him a Tyrant or not in a condition to Governe at the present That thereby hee is rendred a Just Magnanimous and pious Prince so that by this it appeares clearly to whom the Miseries of these Times are to be imputed The remedy for all is an Act of Oblivion and a Generall pardon God save the KING DAVID JENKINS now Prisoner in the Tower 28 Aprilis 1647. THE CORDIALL OF JVDGE JENKINS For the good People of LONDON In Reply to a thing called AN Answer to the Poysonous Seditious Paper of Mr David Jenkins By H.P. Barrester of Lincolns-Inne Printed in the Yeare 1647. The Cordial of Judge Jenkings for the good People of London c. After the said Mr H.P. hath made a recitall of the Heads of my Vindication hee deduceth his Answer unto these eight Particulars which follow verbatum 1. It cannot be denyed but the Parliament sits by the Kings Writ ●ay if Statute Law be greater then the Kings Writ it cannot be denyed but the Parliament sits or ought to sit by something greater then the Kings Writ And if it be confessed that the Parliament sits by the Kings Writ but does not Act by the Kings Writ then it must follow that the Parliament is a void vaine Court and sits to no purpose nay it must also follow that the Parliament is of lesse authority and of lesse use then any other inferiour Court forasmuch as it is not in the Kings power to controule other Courts or to prevent them from sitting or Acting 2. This is a grosse non sequitur the Kings power is in himself Ergo it is not derived to nor does reside virtually in the Parliament For the light of the Sun remaines imbodied and unexhausted in the Globe of the Sun at the same time as it is diffused and displayed through all the body of the ●yre and who sees not that the King without emptying himselfe gives commissions daily of Oyer and Terminer to others which yet he himselfe can neither frustrate nor clude but for my part I conceive it is a great errour to inferre that the Parliament has onely the Kings power because it has the Kings power in it for it seemes to me that the Parliament does both sit and act by concurrent power devolved both from the King and Kingdom And this in some things is more obvious and apparent then in others For by what power does the Parliament grant Subsidies to the King if only by the power which the King gives then the King may take Subsidies without any grant from the Parliament and if it be so by a power which the people give to the Parliament Then it will follow the Parliament has a power given both by King and Kingdome 3. The sending Propositions to the King and desiring his concurrence is scarce worth an Answer for Subjects may humbly petition for that which is their strict right and property Nay it may sometimes beseeme a superiour to preferre suite to an inferiour for matters in themselves du● God himselfe has not utterly disdained to beseech his own miserable impious unworthy creatures besides t is not our Tenet that the King has no power because he has not all power nor that the King cannot at all promote our happinesse because hee has no just claime to procure our ruine 4. We affirm not that the Kings power is separated from his Person so as the two Spencers affirmed neither doe we frame conclusions out of that separation as the two

Land or without any thing should lose or forfeit for doing their duty or service of Allegiance It be therefore ordained enacted and established by the King our Soveraigne Lord by the advice and assent of the Lords spiritual and temporall and the Commons in this present Parliament assembled and by authority of the same that from henceforth no manner of person or persons whatsoever he or they be that attend upo● the King and Soveraigne Lord of this Land for the time being in his person and doe him true and faithfull service of allegiance in the same or be in other places by his commandement in his wars within this Land or without that for the said deed and true duty of allegiance he or they be in no wise convict or attaint of high treason nor of other offences for that cause by act of Parliament or otherwise by any processe of Law whereby hee or any of them shall lose or forfeit life lands tenements rents possessions hereditaments goods chattels or any other things but to be for that deed and service utterly discharged of any vexation trouble or losse And if any act or acts or other processe of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then that act or acts or other processe of the Law whatsoever they shall be stand and be utterly void Provided alwaies that no person or persons shall take any benefit or advantage by this Act which shall hereafter decline from his or their said allegiance Cap. 24. In the Statute of 27. H. 8. It is enacted that no person or persons of what estate or degree soever they be of shall have any power or authority to pardon or remit any treason murders man-slaughters or any kinde of Fellonies c. but that the King shall have the sole and whole power and authority thereof united and knit to the Imperiall Crowne as of right it appertaineth c. And in the same it is enacted further that none shall have power of what estate degree or condition soever they be to make Justices of Eyre Justices of Assize Justices of the Peace c. but all such officers and Ministers shall be made by Letters Patents under the Kings great Seale in the name and by the authority of the King and his Heires and Successors Kings of this Realme In the first yeare of Queen Mary and the first Chapter It is enacted by the Queen with the consent of the Lords and Commons That no deed or offence by Act of Parliament made treason shall be taken deemed or adjudged to be high treason but only such as be declared and expressed to be treason by the Act of Parliament made 25. Ed. 3. cap. 2. before mentioned A Declaration of M. David Ienkins now Prisoner in the Tower of London one of His Majesties Iudges in Wales for tryalls of Treasons Murthers Felonies and all other capitall crimes that they ought only to be by Iuries and not otherwise unlesse it be by Act of Parliament THe common Law of this Land is That every freeman is subject to a tryall by bill of Attainder in Parliament wherein His Majesty and both Houses must necessarily concurre for that tryall and attainder is an Act of Parliament to which all men are subject to a Mag. Chart. cap. 29. 2 part instit fol. 28 29.46.48 49 50. composed by Sir Ed. Cooke and published by the Order of the House of Commons in May 1641. No man shall otherwise be destroyed c but by the lawfull judgement of his Peers or by the common Law of the Land Peers to Noblemen are Noblemen Peers to the Commons are Knights Gentlemen c. Judgement of Peers refers to Peers those words The Law of the Land refers to the Commons the Law of the Land is for the tryall of the life of a free Commoner by Indictment Presentment of good and lawfull men where the deed is done or by Writ originall of the common Law all this is declared in Magna Charta c. 29. and by 25. Ed. 3. c. 4. 28. Ed. 3. c. 3. 37. Ed. 3. c. 8. 42. Ed. 3. c. 3. If the Lords will try any man by an Ordinance they destroy that excellent Act of Magna Charta and all those other good Lawes Sir Simon de Bereford a free Commoner of England was condemned by the Lords to death by an Ordinance which after the Lords better considering the matter that they might be acquitted of that sentence became suters to the King that what they had so done in future time might not be drawn into president because that which they had so done was against the Law b Rot. Par. 1. roule 4. E. 3. Num. 2. part inst page 50. with this 〈◊〉 grees Sir Jo●n Lees case Rot. Par. 42. E. 3. Num. 22.23 2. inst fol. 50. with this agrees the practice and usage of all times in this Land all the free Commoners of this Kingdome have alwayes been tryed and acquitted or condemned in capitall causes by Jurers of their equalls An Ordinance bindeth not in Law at all c See 4. part inst fol. 23.48.292 2. part inst f. 47 48. and but pro tempore as the two Houses now affirme a mans life cannot be tryed by that which is not binding and to continue for all times for a life lost cannot be restored By an Act of Parliament of the 1. and 2. of Philip and Mary chap. 10. It is enacted that a●● tryalls for Treason hereafter to be had shall be according to the course of the common-law If the crime charged upon any be treason against the two Houses against the Parliament it cannot be for there is no Parliament without the King that is no Treason in Law as appeares by 25. Ed. 3. chap. 2. 11. R. 2. chap. 3. 1 Hen. 4. cha 10. 1. and 2. Philip and Mary chap. 10. 3 part of the institutes Page 23. An Act of Parliament to make any a Judge where he is party is a void act d Dr ●o●ams case 8. part of Cooks reports for none can be a Judge and party in the same cause and therefore the House of Peers being a party touching the crime charged upon any man whom they would try by an Ordinance for Treason against both Houses cannot be a Judge By the Petition of Right e Petition of Right 3. Car. Regis if any man deserve death he ought to suffer the same according to the Lawes of the Land established and not otherwise but an Ordinance of the Lords is no established law The Protestation the Vow and Covenant the solemne League and Covenant the Declarations of both Houses had made and published sithence this unnaturall Warre are amongst other things sworne and set downe to be for the maintenance of the Lawes the people of this land ought to enjoy the benefit of their Birth-right the Law of the Land and the making good of the said Protestation Vow and Covenant League and Covenant and