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life_n case_n remainder_n tenant_n 8,947 5 10.5909 5 true
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A50735 The speech of Sir Audley Mervyn, knight, His Majesties prime Serjeant at Law, and speaker of the House of Commons in Ireland delivered to His Grace James Duke of Ormond, Lord Lieutenant of Ireland, the 13 day of February, 1662, in the Presence-chamber in the castle of Dublin : containing the sum of affairs in Ireland, but more especially, the interest of adventurers and souldiers. Mervyn, Audley, Sir, d. 1675. 1662 (1662) Wing M1893; ESTC R904 35,291 43

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divided among them they would stoop to so sordid a crime as Perjury The Peers of the Realm upon this account pass upon tryals of blood only declaring their Judgments upon their Honour But surely cur case is plain and that they are not only lawful Witnesses but under strong Obligations if any person be indicted of Treason to give in evidence their knowledg in matter of fact Tenant for life and the Remainder over If Tenant for life be indicted for Treason he in the Remainder may be a witness though in that case when one goes to the bough the other goes to the plough Propos 20. Upon motion to the Court that any aged or impotent Person that can give evidence for his Majesty That their depositions be taken by Commission and lodged in the Court to be produc't in his Majesties behalf at the same shall require This is not denyed in the case of the Subject Commissioners to examine in perpetuam rei memoriam are frequent It is but reason to use all good Husbandry for the King and to pickle up such proofs as through age cannot keep long Thus may it please your Grace I have past by those several heads given me in charge by the House humbly to present to your Grace with the instance of some of those many reasons they had under their consideration The conclusion of the Instrument is this viz. These are the particulars which are presented to his Grace and Council as the result of the observations which have been hitherto made upon the late proceedings And that this House humbly desires his Grace that when time and experience shall suggest any thing of like moment with the above particulars his Grace and Council will be pleased to receive them And if any thing herein offered through the strai●ness of time be not sufficiently cleared his Grace and Council would be pleased to admit a Committee of the House of Commons to confer with a Committee of the Board upon the same and that in the interim if any cause to be heard by the Commissioners may receive prejudice under any of these Proposals being undetermined that the Commissioners being ascertained of the same may suspend the hearing of it till his Grace and Councils pleasure be further known It rests only to beg your Graces pardon if in discharging the trust reposed in me I have been enforced to use some words of Discrimination It is against the Inclination nay the Prayers of the House if the Subject matter could dispence with it to avoid them They know the compleat peace of the Kingdom rests not in cessation of Arms but in union of Hearts and they doubt not but under the prudent Administration of his Majesties Authority vested in your Grace we shall arrive to that happiness that it may be said Jam cuncti gens una sumus ah Sir and Sic simus in aevum We complain not of the want of a good Law for the settlement of this Nation upon sure and lasting foundations such that nothing but our sins can subvert If the spirits of all Kings living had been textacted they could not have contributed more to revive a gasping Kingdom than the wisdom of our Royal Soveraign blest with a Divine assistance hath in this Act of Settlement recorded to perfume and embalm his memory to all ages But Sir Corruptio optimi est pessima It is not the Sword but the hand that gives Protection or a Wound with respect to the efficient cause The Law saith All-hail-Protestants of Ireland but if the execution be dissonant we are crucified under a glorious Inscription of Mockery The execution of the Law is the soul of the Law the want of this hath transmitted this never-dying Truth to Posterity That Nulla est ta● misera servitus quam ubi jus est incertum vagum FINIS February 13. 1662. ORdered by the House nemine contradicente That Mr. Speaker having this day so faithfully delivered the sense of this House unto his Grace the Lord Lieutenant Do cause his Speech to be Printed and Published and that it be entred into the Journal of this House Philip Fernely Cler. Parl. I Do appoint Alderman William Bladen to Print my Speech And that none else presume to Print it without my Order AUDLEY MERVYN