Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	king_n	parliament_n	writ_n	2,706	5	9.7417	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87331	Sixteene queres propounded by the Parliament of Ireland to the judges of the said kingdome. As also, another speech, made by Captaine Audley Mervin, to the House of Commons, concerning their priviledges, and their exorbitant grievances in that kingdome.	Ireland. Parliament.; Mervyn, Audley, Sir, d. 1675.	1641 (1641)	Wing I652; Thomason E208_11; Thomason E208_12; ESTC R17541	7,669	25

priviledge of this House The first that ushers in the traine is a sentence cloathed in sable standing on tip-toe and with a rustie dagger thrusting at a starre I meane a sentence speaking error a sentence visiting the third and fourth generation a sentence striving to leap over the bounds of magna charta thirty times confirmed a sentence awarded against a Judge of a higher Court then from which it issued The cause in question is to nullifie this sentence which if hee appeare a person capable of his priviledge mote sua vivit and then neither it nor any thing derivatory or collater all to it may bee admitted against him by the rules of common civill or cannon Law it being a maxime consonant to them all Non potes edduci ejusdam rei excepie cujus petitur dissolutio Now to prove this sentence void Mr. Speaker I being no professour of the Law yet a Disciple of reason and the body of the audient Subject to the like guilt I will couch myselse in argumēts quae probat non probantur leaving precedents and Booke-cases to the learned long Robe Then thus I argue By the Stat. 3. E. 4. All judgemēts censures sentences c. awarded against a member of Parliament are void so was this government some may say the King is not here included I say qui dicit omne excludit nullum And experience the mother of know ledge teacheth the same in precedents afore rehearsed and one J will adde for all which is Trewman 38. Hen. 8. who was in execution upon a writ of exigent after a Capias adsatis faciend at the Kings suite and yet priviledged besides this is not at the Kings suite for the King is interessed here but secondarily both in name and profit Now I must make good my minor that he is a member of this house hee that was duly elected and truely returned is a member of this house so was he Ergo c. My minor will be questioned J confirme it thus where the Kings writ for election is duely pursued according to the most vsed and received forme there such an election is good so was this Ergo. Here Mr. Speaker falls the weight of their objection which we will master and answer with equall speede and first vellicat mihi aureum nescio quis and sayes the writ is Burgenside Burgo but he is not Burgensis de Burgo First I say quomodo constat here is none to offer in proofe he is not so beside I offer it in Quaere whether the election doth not ipso facto make him a Burgesse in omni instanti againe I say the writ is directive not positive v.g. in a venire facias the Sheriffe commanded to returne 12. yet if hee returne not 24. he shall be fined in respect experience and practice proves some of the 12. may be questioned and challenged besides the writ explains it selfe the Knights must be Comitatus tui but the Burgesses and Citizens dequalibit Civitate Burgo which can admit of no other cōstruction but these two Burgesses out of every Burrough not as Comitattus tui is which were then of every Burrough and certainly the Law provided this with great reason as not doubting every Sheere could afford Knights resident yet jealous whether every burrough could provide 2. resident Burgesses qualified with these necessary adjūcts as could befit a member of so noble a place Againe the writ commands duos milites and yet exception was never takē upon retorning of Esquires so that the writ expounds it selfe it is not literally to be taken Next there is Thunder and Lightning shot out of the Statute 33. H. 8 being a Stat. to regulate election and absolutely commanding every Knight and Burgesse to be resident and have a certaine Fee-simple in every burrough and County our of which they are elected Here they suppose our Priviledge will cry quarter as ready to be murtherd by the Statute but it is ominous ante victoriā canere For first we answer that the disuse of a Statute antiquates a Statute as is observed upon the Statute of Merton and custome applauded by fortunate experience hath in all Parliaments ever prevailed a house of Commons would rather present Babell in it's confusion if the Tincker would speake his Dialect the Cobler his and the Butcher conclude a greasie Epilogue then the writ were well pursued these were J donei homines to take give counsell de rebus arduis but even to cut off the head of their owne argument by a Sword of their own this Stat. of 33. H. 8. see mes by the preamble to be made in repeale of all former Statuts by which election not qualified with residencie was made void and so became a greevance to the Common-wealth therefore this Statute makes the election not observed ut supra onely penall so that there is nothing offered in objection either from the writ or Statute to avoid this election Now I have placed him daily elected him and then his priviledge growes by consequence but yet we have other objections minoris magnitudinis to repeate them is to confute them First say they every Libelleris de jure excōmunicated J answer every Libeller must be Scriptis Pictis or Cantilenis our member is guilty of none of them no he is not termed so neither in the censure nor in any present proceeding Another flourish is that hee pleaded not his priviledge in the Castle-Chamber in which very objection they confesse him priviledged and make themselves guilty that they would proceed against a knowne member of our House But see the Roman Spirit of Mr. Fitz-Gerald who would rather undergoe the hazard of being a Starre-chamber Martyr then to submit our Priviledge to an extrajudiciall debate It was in our honour hee did this and for his eternall applause some body sayes the castle chamber will thinke it selfe injured there being Lords of the house of parliament at in the censure As for the Lords humanum est errare but the Iudges are rather involved in these words Prameditata militia for his election was the 11. of November sitting the in Parliament and his censure the 13. of December so they had 22. or 23. dayes to repent of their ill-grounded resolution a greater affront never offered to the house of Commons being comparative as if the Recorder of the Tolsell should sentence the Lord chiefe Justice of Ireland a member of our house is a walking Record needs not to melt the Kings picture in his pocket Others alledge it was an election purchased by collusion but de non existentibus non apparentib eadem est ratio And since the end of his election is in it selfe and per-se for the advancing of the publicke service as well as to prove a sentence not then in rerum natura both Law and charity in a benigne cōstruction of these 2. ends will allow the more favourable Another objection is whispered that the entrance is not found in the Clerke of the Parliaments Role This is no matter to the validity of his election for his Priviledge commenced 40. dayes before the Parliament therefore this and the like are to be judged of as accidentia quae possunt abesse adesse sine subjecti interitu Truely Mr. Speaker my memory and lungs begin to prove Traitors to me Another objection if omitted may be judged by these of what strength and maturity they even as by the coynage of a penny one may judge of a shilling What hinders then since here is water but that hee may be baptized Here are no non obstant's to be admitted in his new Pattent of Denization the common law the Statute law the Canon the Civill Law plead for his admittance the writ of election the exēplification of the Sheriffes returne all presidents of all ages all reports plead for his admittance our fore-Fathers Ghosts the present practice of Parliaments in England plead for his admittance the Kings successive commands command and confirme his admittance Away then Serjeant and with the hazarding power of our Mace touch the Marshals gates and as if there were Divinity in it they will open and bring us our Olive branch of peace wrested from our stock that with welcome Art we may ingraft him to be nourished by a common roote Thus the King shall receive the benefit of an able Subject who is otherwise Civiliter mortuus we enjoy the participation of his labour and posterity both ours and this FINIS