Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	heir_n	hereditament_n	tenement_n	3,372	5	10.3874	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91287	The subjection of all traytors, rebels, as well peers, as commons in Ireland, to the laws, statutes, and trials by juries of good and lawfull men of England, in the Kings Bench at Westminster, for treasons perpetuated by them in Ireland, or any foreign country out of the realm of England. Being an argument at law made in the Court of Kings Bench, Hil. 20 Caroli Regis, in the case of Connor Magwire, an Irish baron ... fully proving; that Irish peers, as well as commons may be lawfully tried in this court in England, by the statute of 35 H.8.c.2. for treasons committed by them in Ireland, by a Middlesex jury, and outed of a trial by Irish peers: which was accordingly adjudged, and he thereupon tried, condemned, executed as a traytor ... By William Prynne Esq; a bencher of Lincolnes Inne.	Prynne, William, 1600-1669.	1658 (1658)	Wing P4090; Thomason E945_5; ESTC R203350	65,819	94

England And be it further enacted by authority aforesaid That on this side the first day of Iuly next comming proclamation shall be made in all Shires within this Land of Ireland of the tenour and sentences of this Act. And if any person and persons of what estate dignitie or condition soever they or he be subject or resiant within this Land of Ireland after the said first day of Iuly by writing or imprinting or by any exteriour Act or Deed maliciously procure or do or cause to be procured or done any thing or things to the peril of the Kings Majesties most royal person or maliciously give occasion by writing deed print or act whereby the Kings Majesty his Heirs or Successors or any of them might be disturbed or interrupted of the Crown of this Realm of Ireland or of the name stile or title thereof or by writing deed print or act procure or do or cause to be procured or done any thing or things to the prejudice slander disturbance or derogation of the Kings Majesty his Heirs or Successors in of or for the Crown of this Realm of Ireland or in of or for the name title or stile thereof whereby his Majesty his Heirs or Successors or any of them might be disturbed or interrupted in body name stile or title of Inheritance of in or to the Crown of this Land of Ireland or of the name stile title or dignity of the same that then every such person and persons of what estate degree or condition they be subject or restants within the said Land of Ireland and their Aydors Counsellors Maintainers and Abbetters therein and every of them for every such offence shall be adjudged High Traytors and every such offence shall be adjudged and deemed High Treason and the Offendors their Aydors Counsellors Maintainors and Abbettors therein land every of them being lawfully convicted of any such offence by presentment verdict confession or proofs according to the customs and Laws of this said Land of Ireland shall suffer pains of death as in cases of High Treason and also shall lose and forfeit unto the Kings Highness and to his Heirs Kings of this Realm of Ireland all ●such his Mannors Lands Tenements Rents Reversions Annuities and Hereditaments which they had in possession as owner and were sole seised of in their own right of by or in any title or means or in any other person or petsons had to their use of any estate of inheritance at the day of any such Treason and offences by them committed and done And that also every such Offendor shall lose and forfeit to the Kings Highness and to his said Heirs as well all such estates of freehold and interest for years of lands and rents as all the Goods Cattels and Debts which they or any of them had at the time of their conviction or attaindour of or for any such offence saving alway to every person and persons and bodies Politique their Heirs Successors and Assigns and to every of them other than such persons as shall be so convicted or attainted their Heirs and Successors and all other claiming to their use all such right title use interest possession condition rents fees offices annuities commons and profits which they or any of them shall happen to have in to or upon any such Mannors Lands Tenements Rents Reversions Services Annuities and Hereditaments which so shall happen to be lost and forfeited by reason and occasion of any of the Treasons or Offences above rehearsed any time before the said Treasons or Offences committed or done FINIS Errata PAge 20. l. 4. r. either p. 33. l. 15. r. it or rather that of Pat. 6. Johan Reg. m. 6. l. 33. r. statuatur l. 35. dele de p. 39 l. 33. 38. c. 1. r. 2. p. 58. l. 23 should come in l. 25. before authorizing p. 59. l. 8. r. Peytr●ls p. 64. l. 25 Ireland r. Scotland a An Exact Collection p. 8. b See Straffords Impeachment Tryal * 2 Stamf. l. 2. c. 63. 1. H. 7. f. 23. c Cooks 4 Instit. c. 6. * Stamf. l. 2. c. 60. d Cooks 3 Th●●● p. 27. Stamf. Pleas of the Crown l. 3. c. 7. 32 H. 6. f. 26. 14 H. 7. f. 19. Brook chal 86 211 217. * Page 32 to 9. 42 to 49 38 59 63 68 59. e ror. Pat. An. 9. Iohan. Reg. m. 4. n. 46. k Hoveden Annal. pars post p. 527 528 529. Giraldus Cambrensis Hybernia Expugnata l. 1. 2. chron. Johan Bromton col 1069 1070 1071. Mat. Westm. Mat. Paris An. 1171 1172. others l Typographia Hybernia c. 20 22 24. m Hybernia Expugnata l. 2. c. 25. P. 808. n Hybernia Expug c. 97. o Hist. Ang. Edit. Lond. 1640. P. 126. p Hybern Expug l. 1. c. 34. q Mat. Paris H●st. A●gl p. 230. H●n de K●yghton de Event Angl. l. 2. c. 15. col 2420. r Sir Iohn Davis his Irish Reports p. 37 38. ſ Stamfords plees of the Corone l. 3. c. 1. to 8. Cooks 2 Instit. p. 48. to 53. 3 Instit. c. 1 2. Brook Fitzh. Statham Ash ●ir Coron Trial Treason t See Sir Walter Rawlegh his Preface to the History of the World D. Beards Theatre of Gods Iudgements on the 6th Commandement u See Lyra Tostatus Lavater Polanus Maldonat Cornelius a Lapide Junius and otherson these Texts x A Declaration of the Armies engagements c. p. 36 37. 112 114. * See here p. 19. Crooks 1. Rep. m. 14 Car. p. 511 512. * Claus 39 E. 3. m. 12. De erroribus corrigendis in Parliamentis tenendis in Hibernia * See Pat. 8. Johan Regis m. 1 2. Pat. 9. Iohan. Reg. m. 4. n. 26. Nota. * See 2 E. 3. c. 8. 18 E. 3. Stat. 3. 20 E. 3. c 1. 2 Claus. 5. E. 3. part 1. m. 27. 1 R. 2. n. 96. 2 R. 2. n. 51. Claus. 20 E. 3. part 1. dors 13. * A new Discovery of the Prelates tyranny p. 5● 37. 122 147. The Case and Plea of the Lord Magwire What not in question * See 3 E. 4. c. 1. in Ireland The Question The Act of 35 H. 8. c. 2. Question 1. * See the statutes of Ireland 3 E. 2. c. 4. 18 H. 6. c. 2 3. 25 H. 6. c. 4 5. 28 H. 6. c. 1. 1 E. 4. c. 2. 5 E. 4. c. 6. 18 E. 4. c. 2. 10 H. 7. c. 6 8 9 10 13 17 19. 28 H. 8. c. 1 3 9 11. 3 Phil. Mar. c. 11. 1 Eliz. c. 6 17. 27 Eliz. c. 1. 28 Eliz. c. 8 9. 11 Jac. c. 4. and the Annals of Ireland * See Mr. St. Iohns argument against Strafford p. 52 53. Quest 2d * See Cooks 3 Instit. p. 34. * Acts 10. 3 4. Rom. 2. 11. Eph. 6. 9. Col. 3. 25. 1 Pet. 1. 17. * See 25 H. 8. c. 3 10 13 26 H. 8. c. 2. 32 H. 8. c. 4 7 9 13. 5 Eliz. cap. 9. 14 15 21 22 23. 8 Eliz. c. 2 3 4. 13 Eliz.

be admitted or granted in case of tryal by Peers it being the usual antient a tryal in all Cases between the King and ordinary Subjects between man and man Peers and Commoners both in all civil and criminal causes whatsoever it is and will be every way as just as beneficial to a Peer in point of Law as a Tryal by twelve Peers upon their Honours only b without oath And the exchange only of the form of Tryal by twelve indifferent English Gentlemen of quallity upon their oaths for twelve Irish Peers of English blood nominated and appointed only by the King or his c Lord Deputy of Ireland upon their Honours without oath in this case of necessity can be no injustice injury or prejudice to the Irish Peers in general nor yet to the Prisoner in particular The rather if we consider First That every Indictment by which an English or Irish Peer is or can be tryed must first be proved before a grand Jury of Commons as this very Statute prescribes and found by them upon Oath not by a Jurie of Peers which is a kind of preparatory trial of a Peer by Jury without which there can be no proper tryal by Peers as is resolved Cooks 3 Institutes p. 28 30 31 32. 1 H 4. 1. 2ly That in Cases of Appeal brought by a common person ●or murder rape robberie or the like and likewise in case of a Premunire against an English Peer where his life is not brought into question he shall not be tried by his Peers but by an ordinary Jury as other men Trial of Peers by Peers being onlie in cases of Indictments for Treasons or Felonies at the Kings sute and no other as is clear by the Statute of Magna Charta c. 29. Neither will we pass upon him or condemn him without the lawfull judgement of his Peers c. the words onlie of the King not of the Commons In this our Books are express in point all cited in Sir Edw. Cooks 2 Institutes on this verie Chapter of Magna Charta cap. 29. in his pleas of the Crown or 3 Instit. c. 2. p. 30 31. 20 Ed. 4. 6. b. Now this case in question concerning not onlie the King but the whole Kingdome of England and Ireland and those manie thousands of Common persons whose innocent blood hath been shed in Ireland by him and his Confederate Rebels crying out for vengeance and Justice against him without delay he may thereupon be justly tried by an ordinary Jurie of Commons as well as in Case of an Appeal of murder brought by a common person 3ly Peers of Parliament even of this Realm not by inherent Nobility and Birth right but only in right of their Baronies which they hold in auter Droit as Arch-Bishops Bishops Abbots Priors and the like shall not be tried by their Peers for treasons or felonies at the Kings sute but onlie by an ordinary Jurie as Archbishop Scroope of York Cramner Arch-bishop of Canterbury * Adam de Orlton or Tarlton Bishop of Hereford Mark Bishop of Carlile Fisher Bishop of Rochester and others were tried 3 Ed. 3. f. 6. Kelwaies Reports f. 184. Stamfords Pleas of the Crown f. 135. Cromptons Jurisdiction of Courts f. 12. 19. Hall● Chron 6 H. 4. f. 25. Coo. 3 Instit. f. 36. Now if these verie English Peers to whom Magna Charta was immediatelie granted by name of Arch-Bishops Bishops Abbots being the first persons mentioned in the Prologue and ch. 1. 29 of this Charter shall be outed of their peerage in these Cases of Indictment at the Kings sute though within the very letter of Magna Charta because they are no Peers of England by blood or birth-right but in right of their Churches then a fortiori Irish Peers shall be deprived of their Peerage by this special Act who are not within the letter or intent of Magna Charta never made for them but for English Noble blood And if it be neither injustice nor injurie nor inconvenience to deprive these Ecclesiastical English Peers of a trial by Peers in cases of Treason or felony at the Kings sute though within the letter of Magna Charta and to try them by an indifferent Jurie of Freeholders It cannot be reputed any injustice injury rejudice or inconvenience at all now to out this Irish Peer of his Peerage here where he is no native Peer for such an horrid Treason as this 4ly Irish Peers are no Peers at all in England upon which account and reason if they commit Treason herein they shall be tried by an ordinarie Jury Therefore to try them onlie by Freeholders no● by Peers in England can be no injurie nor dishonour to their Peerage unless it were in Ireland where they are Peers and yet have been seldome or never hitherto tried there by their Peers as I have proved 5ly The verie Statutes of Ireland it self made by the Peers and Commons thereof to prevent manie mischiefs by Theeves Murderers and Rebells in that Realm do deprive both the Lords Commons there of any legal trial at all both for their lives and estates too witness the Statutes of 28 H. 6. c. 1. 3 5 E. 4. c. 2. expose them to the judgement slaughter plunder of particular men in some cases authorizing all manner of men that find any theeves robbing breaking up houses by day or night or going or comming to rob or steal having no faithfull man of good name and fame in their company in English apparel to take and kill those * Theeves and cut off their heads without endictment or Jury and seise their Goods without any impeachment of the King his Heirs Officers or any other for which they are to receive a sum of mony from every plow-Plow-land and person of estate within the Barony where they shall slay and behead such Theeves And 25 H. 6. c. 4 5. If any English men shall have any hair or beard upon his upper lip like the Irish it shall be lawfull for every man to take their Goods as Irish Enemies and to ransome them as Enemies And if any Irish Enemy received to the Kings allegiance shall afterwards rob spoyl and destroy the Kings Liege people it shall be lawfull for every Liege-man that may meet with him afterwards to do with him and his Goods and Chattels as to Enemies who were never Liege and to ransome them at their free will without any impeachment of the Law And Ch. 6. If any men except Knights Prelates shall wear gilded Bridle Pestrels or other harneys that it shall be lawfull to every man that will to take the said man his horse and harnesse and to possess the same as his own Goods without endictment or legal tryal All which would be monstrous in England Therfore it is much more legal and just and no injurie at all to try the Prisoner an Arch-Rebel in England in this time of war and combustion in Ireland for his Treasons there

Rebels power Tumults in that Realm he could not conveniently undergo So I humbly pray on the behalf of the King Kingdome Parliament and our whole English Nation to all which he hath been such a capital Traytor and Enemy that this Plea of his may presently be over-ruled and himself brought to his speedy Tryal Iudgement and execution for his unparallel'd Treasons and the blood of those many thousands of innocent English Protestants shed in Ireland upon this occasion which cries for Justice and Execution against him without further delay The rather because nulli differemus Justiciam is one clause of that very Act of Magna Charta ca. 29. which he hath pleaded in bar of his Tryal of which I pray both he and the whole Kingdom may now enjoy the benefit by his undelayed Tryal and execution too in Case he shall be found guilty of the Treasons for which he stands indicted of which there is little doubt since so fully confessed by himself in a writing under his own hand and we are ready to make them good against him as we have already done against his Confederate Mac-Mahon by the Testimony of a clowd of honorable pregnant witnesses in case he shall deny it After two Arguments at the Bar on both sides of this Case Justice Bacon argued it himself and delivered his opinion and judgement against the Prisoners plea that though he be a Baron of Ireland yet he was triable for his Treason by a Middlesex Jury in the Kings Bench and outed of his Peerage by 35 H. 8. c. 2. Which Iudgement was approved by this Order of both Houses of Parliament Die Lunae 10 Febr. 1644. Ordered by the Lords and Commons in Parliament assembled That the said Houses do approve of the judgment given by Master Justice Bacon in over-ruling the Plea of the Lord Magwire and of the manner of the Tryal by the Indictment of High Treason in the Kings Bench And the Judge is hereby required to proceed speedily thereupon according to Law and Iustice John Brown Cler. Parl. Henry Elsing Cler. Parl. D. C. Upon which on Monday Febr. 10. 1644. he was brought from the Tower of London to the Kings Bench Bar there arraigned where putting himself upon his trial he challenged 23 of the Jury which appeared peremptorily Whereupon a Distring as was awarded to the Sheriff of Middlesex to retorn Quadrag●nta Tales the next day of whom he challenged 12 more peremptorily And being tryed by twelve of the residue retorned against whom he had no legal exception nor challenge he was upon his own Confessions and pregnant evidence of 15 Witnesses Persons of Quality found guilty of the Treasons for which he was indicted and thereupon Febr. 11. was adjudged tobe drawn to Tyburn and there hanged by the Neck and cut down alive and then his Bowels to be taken out and there burnt before his Face his Head to be cut off and his body to be divided into four Quarters and then to be disposed as the Parliament shall appoint Which was accordingly executed the 20th of Febr. Even so let all such perfidious bloody Traytors perish TO fill up the vacant pages of this Sheet I shall annex this one Record and also one Irish Act being both very pertinent to my Argument Pat. 1 E. 1. m. 20. Hibernia Venerabili in Christo Patri eadem gratia Midden Episcopo Dilectis fidelibus suis Mauricio filio Mauricii Justiciario suo Hibern et Magistro Johanni de Saumford Escaetori suo Hibern salutem Cum de●uncto jam celebris memoriae Domino H. Rege pa●re nostro cujus animae propicietur altissimus ad nos Regni Angliae gubernacu● et terrae Hibern Dominium per●ineant ob quod Praelati Comites Pro●eres as Communit●s Regni nostri nobis tanquam Domino suo ligio et Regi fidelitat●s Juramentum omnia alia quae nobis rations Coronae dignitatis Regiae ab ipsis fieri praestari nobis in absentia nostra poterunt plenariè sine omissione aliqua prompto liben●i animo praestiter int Ac Archiepiscopi Episcopi Abbates Priores Comites Barones Milites libere tenentes ac tota Communi as terrae nostrae Hiberniae nobis tanquam * Regi Domino suo ligio consimile sacramentum fidelitatis praest are teneantur Dedimus vobis potestatem recipiendi nomine nostro fidelitatem ipsorum Ita tamen quod si vos omnes interesse nequiveritis tune duo vel unus ●estrum qui praesens fuerunt nichilominus plenariam habeat potestatem rec●p●endi nomine nostr● fidelitatem ipsorum in forma praedict● Et ideo vobis mandamus quod fidelitatem praedictam nomine nostro recipiatis prout melius videbitis expedire In cuju● c. Dat. per manum W. de Merton C●nc apud Westm. VII die Decembris 33 H. 8. c. 1. made in Ireland An Act that the King and his Successors to be Kings of IRELAND FOrasmuch as the King our most gracious dread soveraign Lord his Graces mostnoble progenitors Kings of England have been Lords of this Land of Ireland having all manner kingly jurisdiction power preeminences and authority royal belonging or appertaining to the royal Estate and Majesty of a King by the name of Lord of Ireland where the Kings Majestie and his noble Progenitors justly and rightfully were and of right ought to be Kings of Ireland and so to be reputed taken named and called and for lack of naming the Kings Majesty and his noble Progenitors Kings of Ireland according to their said true and just Title Stile and Name therein hath been great occasion that the Irishmen and Inhabit ants within this Realm of Ireland have not been so obedient to the Kings Highness and his most noble Progenitors and to their Laws as they of right and according to their allegiance and bounden duties ought to have been Wherefore at the humble pursute petition and request of the Lords spiritual and temporal and other the Kings loving faithfull and obedient Subjects of this Land of Ireland and by their full assents Be it enacted ordained and esta blished by this present Parliament● That the Kings Highnesse his Heirs and Successors Kings of England be alwaies Kings of this Land of Ireland and that his Majesty his heirs and Successors have the name stile title and honor of King of this Land of Ireland with all manner of honors preheminences prerogatives dignities and other things whatsoever they be to the Estate and Majesty of a KING appertaining or belonging and that his Majesty his Heirs and Successors be from henceforth named called accepted reputed and taken to be Kings of the Land of Ireland to have hold and enjoy the said stile title majesty and honors of the King of Ireland with all manner preheminence prerogative dignities and all other the premises unto the Kings Highnesse his Heirs and Successors for ever as united and knit to the Imperial Crown of