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peace_n french_a king_n richard_n 2,021 5 9.9491 5 false
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A54696 Ursa major & minor, or, A sober and impartial enquiry into those pretended fears and jealousies of popery and arbitrary power with some things offered to consideration touching His Majestie's league made with the King of France upon occasion of his wars with Holland and the United Provinces : in a letter written to a learned friend. Philipps, Fabian, 1601-1690. 1681 (1681) Wing P2019A; Wing U141_CANCELLED; ESTC R23216 69,552 56

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the Second year of King Henry the Fourth An Assize shall be maintainable against the King 's Patentee of Lands without any title found for the King by Inquisition By an Act of Parliament made in the 4 th year of the Reign of the aforesaid King a special Assize shall be maintainable against a Disseisor by force Riots Routs and unlawful Assemblies are forbid by a Statute made in the 13 th year of the aforesaid King's Reign and the Justices of Peace near adjoyning Impowred to hear and determine the Offences and if they cannot are to certifie the King and his Council thereof By an Act of Parliament made in the second year of the Reign of King Henry the 5 th Commissions are to be from time to time awarded to Inquire of the defaults of the Justices of Peace Justices of the Assize Sheriffs and under-Sheriffs in not suppressing and punishing the same By an Act of Parliament made in the first year of King Richard the Third the Justices of Peace may let Prisoners to mainprize that are Arrested or Imprisoned for light suspition of Felony or by Malice and no Sheriff or other Officer shall seize the Goods of a Prisoner until he be attainted By an Act of Parliament made in the 23 th year of the Reign of King Henry the Eighth A Jury Convicted of giving a false Verdict if it be for any thing demanded above the value of Forty pounds and concerneth not the Jeopardy of a man's life shall forfeit Twenty pounds a piece the one half to the King and the other to the Party that will sue for the same and Five pounds a piece if the thing demanded be under the value of Twenty pounds and every one of them in the one Case and the other make fine and ransom by the discretion of the Judges before whom such false Verdict was given never after be of any Credence nor their Oaths accepted in any Court By an Act of Parliament made in the 32 year of the said King wrongful disseifin shall be no dissent in Law except the Disseisor shall have been five years in quiet Possession without entry or continual Claim of those who have lawful Title thereunto The Barons of the Exchequer are by an Act of Parliament made in the 33 th year of the aforesaid King Authorized by Bills of Equity in the Exchequer Chamber to acquit discharge or moderate all Recognizances Debts Detinues Trespasses Wastes Deceipts Defaults Contempts and Forfeitures Treasons Murders Felonies Rights Titles and Interest as well of Inheritance as Free-hold only excepted according to Equity and good Conscience By an Act of Parliament made in the 5 th and 6 th year of the Reign of King Edward the Sixth Great Penalties were laid upon those that should buy or sell Offices concerning the Administration of Justice or any Offices belonging to the King all Contracts Bonds Promises Covenants and Bargains to be void both as to the Buyer and Seller and the taker of any Gift or Promise to forfeit his Nomination and Interest therein By an Act of Parliament made in the 31 th year of the Reign of Queen Elizabeth Three Proclamations shall be made in every Action Personal where an Exigent is awarded and the Defendant before the allowance of any Writ of Error or Reversal of the Utlary shall be bound to answer the Plaintiff and satisfie the Condemnation By an Act of Parliament made in the 43 th year of the Reign of the aforesaid Queen Every Sheriff Under-Sheriff or other Person making any Warrant for the Summons Arrest or Attaching of any Person or their Goods to appear in any of the Courts of Westminster or procuring it without Original Writ or Process to warrant the same being Convicted thereof shall be Imprisoned without Bail or Mainprize until they shall have paid the party grieved Ten pounds with all his other Damages and Twenty pounds a piece for their Offence to the Queen and for the avoiding of Vexatious Actions where any recovery is had for Debt or Damages for less than Forty shillings or not above no more Costs shall be awarded by the Judge than the Debt or Damages recovered And by the Law Writs of Habeas Corpus una Cum die Causa Captionis are granted by the Courts of King's-Bench or Common Pleas when any are Imprisoned by the King or any other without Cause shewed to be Bailed if the Cause shall not appear to be Just and Legal And if any Man Imprison any of the King's Subjects without just Cause or enter upon or take away any of their Estates against the Tenor of our Magna Charta and Charta Forestae and many of our other excellent Laws and reasonable Customs he may although it be by the King's Command if not legal be punished for the same And our Magna Charta and Liberties are so Bulwarked and Fortified as every man may have reason enough to be assured That the People of England and Wales cannot upon any Emergencies and Violations of Laws want relief or Redress When the Justices in Eyre Instituted by King Henry the Second to ride their Circuits until they were by King Edward the Third changed into those of Assizes who in their Vernal and Autumnal Circuits carrying the King's Justice and Care of it into every Shire and County of England and Wales to prevent as much as might be their Travels and Expences to seek it farther from home did amongst many other Articles and Matters concerning the King and his People give in Charge to the Grand Juries of the several Cities and Counties of their Circuits which were Men of good Estates Knowledge Experience and Concerns Sworn to present what they should be charged to Inquire of and direct them to Inquire and present false Weights and Measures Lands seized into the King's hands which ought not to be seized or being ordered to be restored were not of those that were amerced without reasonable Cause and not according to the Offence or by their Peers without a saving to their Contenement a Merchant without a saving to him his Merchandize and a Villain without saving his Waynage and not by the Oaths of good and lawful Men of the Neighborhood if any Earls and Barons were amerced but by their Peers and after the manner of their Offences and if any Man of the Church be amerced otherwise than according to his Lay-Tenement and after the quantity of his Offence and by the Statute of Marleborough made in the One and fiftieth year of King Henry the Third of all other the breaches of the Laws and Liberties granted by Magna Charta and the Charter of the Forrest and other Articles and Matters to be Inquired of given unto them in Writing and upon their Oaths to answer distinctly what they did know Affirmatively or Negatively When the Judges of the Court of King's Bench who do yet retain the power of Justices in Eyre do in every Easter and
gave them a Caution for the future to believe that whatsoever is subject to a publick Exposition cannot be good And the Parliaments in her long and glorious Reign were so unwilling to give any disturbance to her Great and Renowned Actions for the defence and good of her Self and her People and all the Protestant Concernments in Christendom As in the First year of her Reign a Parliament granted her Two shillings eight pence in the Pound of Goods and Four shillings of Lands to be paid in several Payments In her Sixth year one Subsidy was granted by the Clergy and another by the Laiety together with two Fifteenths and Tenths in the Thirteenth year of her Reign towards the Charges of Suppressing the Northern Rebellion a Subsidy of Six shillings in the pound by the Clergy and by the Temporalty two Fifteens and a Subsidy of Two shillings and eight pence in the Pound in her Six and twentieth year had granted her by the Clergy two whole Subsidies and by the Laiety three besides Six Fifteenths and Tenths with a Proviso that that great Contribution should not be drawn into Example in her Fortieth year had granted by the Clergy three entire Subsidies and as many by the Laiety with Six Fifteens and Tenths and in the 42 th year of her Reign to furnish Money for the Irish Wars had Commissions granted to confirm the Crown Lands of Ireland to the Possessors o● defective Titles And all little enough when in the same year Sir Walter Raleigh a Member of the House of Commons declared unto them That the Moneys lent unto 〈◊〉 〈◊〉 yet unpaid her Jewels and much of her Lands sold and she had spared Money out of her own Purse and her Apparel for her Peoples sake And yet when in the Eighth year of her Reign the Parliament had offered unto her four Subsidies upon Condition that she would declare her Successor she magnanimously refused it and remitted the fourth Subsidy saying It was all one whether the Money was in her own or in her Subjects Coffers Our King James being born and bred in the Kingdom of Scotland where their Laws are mingled with some Neighbour English Customs drawn out of our Glanvil brought thither by their King James the First who lived some time here in England and afterwards so much Compounded and over-born by the Civil Law brought out of France long after by King James the Fifth which with some part of their Common Law makes them to be so overmuch Civil and Canon and a Miscellany of them as they are very much different from ours had so great an affection to the Civil Laws and those of his own Countrey before he had understood the Excellency of ours that shortly after his coming to the Crown of England he earnestly recommended to the Parliament of England not only an Union of both the Kingdoms and the Subjects thereof but of their Laws also And so much savoured the Civil Laws as he complained in a Speech to the Parliament of the Contempt of them allowed or was much taken with the Comedy of Ignoramus and Dulman which was purposely framed to expose the Professors of our Common Laws to a Derision of the People and render them guilty of an Ignorance of good Letters and Learning which all of them witness our great Selden and some other of his Coaevals could not justly be charged with and suffered it to be Acted before him at Cambridge with great Applause and to be afterwards Printed and Published without any murmur or jealousie of the English Nation that he endeavoured to introduce an Arbitrary Power who manifested no unwillingness to give him Subsidies and Aids in Foreign as well as Domestick Affairs when he had occasion to require them All which the Cares and doings of our Ancestors for the Publick and Common good joined with their Duty and Allegiance to their Soveraign Kings and Princes may afford us convincing Reasons and Arguments out of concluding Premisses that the Weal and Woe of Kings and their People are like those of Hippocrates's Twins partaking each with other and that the Fear of God Honour of the King Self-Preservation and Oaths and Duty of Allegiance will be more than enough to enjoyn every good Christian and Subject where the welfare of the King and Publick are concerned to be as willing to help the King as he would himself And it cannot be deemed to be either unadvisedly or ill done by our English Fore-fathers or Predecessors in the House of Commons in Parliament in the Seventh year of the Reign of King Richard the Second when being required of the King to give their Advice concerning a Peace to be made with the King of France And the Chancellor then said That the King of himself could well do it yet for good will he would not without their Knowledge or Consent And it could not be Concluded without a Personal Interview of the King of France which for his Honour required great Charges whereof he Charged them of their Allegiance to consult and give him Answer unto which they answering That it becomed not them to Intermeddle their Council therein And therefore referred the whole Order thereof unto the King and his Council And being urged again to answer whether they desired Peace or War for one of them they must choose They answered Peace But when they understood that the King of France desired that the King should hold Guyen of him by Homage and Service they knew not what to say only they hoped that the King meant not to hold of the French Calice and other Territories gotten of them by the Sword whereunto when the King replied That otherwise Peace could not be granted and therefore willed them to Choose They in the end rather desired Peace But Peace not ensuing or being to be had and the King by his Chancellor the next year after in Parliament informing them how that the King was Invironed with the French Spanish Flemmings and the Scots who were Confederate and had made great Preparations to destroy him and his People which was like to ensue unless some means were used to resist it That the King Intended to hazard his own Person to whatsoever Peril which might justly encourage all Estates willingly to offer themselves and what they had to such defence And declared unto them the falshood and treachery of the French in their Treaty of Peace at Calice when they finding the English inclined to it had departed from their Offers The Lords and Commons when they found the Honour of the King and Safety of the Nation so deeply Ingaged granted unto the King two Fifteenths Conditionally that a Moiety of the Fifteenth granted in the last Parliament be part of it and so as if the King go not in Person or that Peace be made the last Fifteenth might Cease Can the sullen rude and ungodly Dutch the most of whose Religion is Trade and all that can be gained by it to maintain their Incroachments