Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	authority_n	foreign_a	jurisdiction_n	1,050	5	9.5170	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56189	A plea for the Lords, and House of Peers, or, A full, necessary, seasonable enlarged vindication of the just, antient hereditary right of the earls, lords, peers, and barons of this realm to sit, vote, judge, in all the parliaments of England wherein their right of session, and sole power of judicature without the Commons as peers ... / by William Prynne.	Prynne, William, 1600-1669.	1659 (1659)	Wing P4035; ESTC R33925	413,000	574

Dantzick or Hamborough in France Spain Denmark or Germany within the Ward of Cheape London a suggestion never made before his time in or by any Law-Book or Record only to rob the Admiralty of its antient unquestionable right and Jurisdiction 3ly That the words of the Statute of 13 R. 2. c. 5. whereon Sir Edward Cook and other Judges ground their Prohibitions to the Admiralty That the Admirals and their deputies shall not meddle from henceforth with any thing done within the Realm of England but only of things done upon the Sea c. are clearly strained and construed by them directly against the words meaning and intent of the Law-makers and Commons Petition whereon it was made For the later clause but ONLY of things done upon the Sea is put in opposition and contradistinction to the precedent words with any thing done within the Realm of England or within the bodies of the Counties as well by land as by water as the Stat. of 15 R. 2. c. 3. 5 E●l c. 5.27 Eliz. c. 11.25 E. 3. c. 2. directly interpret and explain the sense thereof And they strain and apply them to contracts made by Merchants and Mariners not within the Realm of England or bodies of the Counties thereof by land or water but beyond the seas and quite out of the Realm being no part of the Realm or within the body of any County of England or Kings Dominions Than which a greater Solecism and contradiction cannot be imagined against the scope and letter of these Statutes For by this construction they may likewise strain the very Oath of Supremacy That no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction power c. Ecclesiastical or Spiritual WITHIN THIS REALM With the Statute of 13 Eliz. ch 2. for the abolishing of the usurped Iurisdiction of the Bishop and See of Rome WITHIN THIS REALM and against raising s●dition bringing in Bulls Agnus Dei Crosses Pictures c. WITHIN THIS REALM and other the Dominions thereof to the punishment of all such as shall avetr that any forein Prince Person Prelate State Potentate or the Pope have or ought to have any Jurisdiction power or Authority OUT OF THIS REALM or the Dominions thereof or shall raise any sedition or vent Popes Bulls c. in any forein Kingdom or Country as France Spain Italy Poland Germany out of the Realm as if they had done it within this Realm of England 4ly That by the opinion resolution agreement of the Judges of the Kings Bench 1575. and of all the Judges of England whereof Hutton and Crook were 2. 4 Febr. 1632. Hi● 8. Caroli the original whereof I produced subscribed with all their hands If sute he commenced in the Court of Admiralty upon Contracts made and other things personal done beyond the Seas or upon the Sea no Prohibition is to be awarded contrary to Sir Edward Cooks opinion This being the Iudgment of all our Judges in former ages wherein no record or president could be produced of any such Prohibition from Richard the 1. till the later end of Queen Elizabeths or King James his reign The Lords upon my Argument were so fully satisfied in this point of Law that they all unanimously and immediately adjudged and ordered notwithstanding Iustice Bacons and Reeves opinions upon the late presidents to the contrary that the Rule for the Prohibition in the Kings Bench should be vacated and that the Delegates should proceed to Sentence in the cause which they did And so my Client got both Judgement and Execution soon after against these Sureties I might here very fitly inform our Levellers and their Confederates That the Lords in Parliament as they did antiently so since the Commons admission unto this Great Council have made not only some Acts for the Government of London without the Commons as in 17 R. 2. n. 25 26 27. Granted Ayds for themselves to the King and likewise for the Merchants by the Merchants consents confirmed Charters Patents in Parliament reversed attainders restored persons attainted and their heirs to Lands and bloud elected the Kings Great Officers Privy Counsellers and prescribed them Laws Rules Orders appointed a Protector during the Kings Minority limited his power and discharged him from his place without the Commons confirmed an imposition upon Cloth by the King against the Commons petition to take it off Ordered a Subsidy to be paid absolutely which the Commons granted but conditionally called receivers of Subsidies and Monies to account without the Commons and opposed the Commons encroachments upon their privileges as you may see in the Parliament Rolls of 13 E. 3. n. 5 6. Parl. 1. Parl. 2. n. 8.15 E. 3. n. 41.21 E. 3. n. 16. Par. 2 R. 2. n. 22. to 27.57 5 R. 2. n. 16. 5 H. 4. n. 51. to 58. 4 H. 6. n. 22. 6 H. 6. n. 22 23. 8 H. 6. n. 13.27 28.14 H. 6. n. 10. 31 H. 6. n. 34. In Claus 50 E. 3. m. 3. 4. De essendo in Parliamento there are writs directed to particular persons in this form Sis coram Nobis et cateris Proceribus et Magnatibus regni nostri Angliae in praesenti Parliamento without mentioning the Commons apud Westm convocato hac instante di● Sabbat● proxime post futur ad informandum Nosipsos Proceres et Magnates not the Commons super quibusdam de quibus per te volumus informari c. 4. Junii Per Concilium in Parliamento And for the Nobles of Ireland I find this Record Claus 2 E. 3. m. 17. Rex dilecto et fideli suo Johanni Darcy de Nevien Justiciario suo Hyberniae salutem Ex parte quorundam hominum de Hybernia Nobis exstitit supplicatum u● per statutum inde faciendum concedere volumus Quod omnes Hybernici qui voluerint legibus utantur Anglicanis ita quod necesse non habeant super hoc Cartas aliquas a Nobis imperrare Nos igitur certiorari volentes si sine aliquo praejudicio praemissis annuere valeamus vobis mandamus quod voluntatem Magnatum terrae illius not of the Commons in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia praesentari facias de eo quod inde inveneritis una cum vestro consilio advisamento Nos distincte aperte cum celeritate qua potestis certificetis hoc Breve nostrū Nobis remittentes c. upon which Petition the use of the English Laws was afterwards granted as appears by Clause 5 E. 3. part 1. m. 25. But I shall close up this Plea and Supplement with a few Presidents more pertinent to demonstrate the Lords undoubted Right of Judicature Council and Advice in publike affairs both in and out of Parliament In the Parliaments of 5 E. 2. n. 31.4 E. 3. c. 14.36 E. 3. c. 10.50 E. 3. n. 181.1 R. 2. n. 35.2 R. 2. n. 5. It was enacted that a Parliament

Citizens Burgesses and Knights for the Parliament only by our Kings Letters and Charters not by the Peoples inherent Right of Election since none of them doe or can choose or send Knights Citizens or Burgesses to Parliament without the Kings Charters authorizing them and his Wr● to elect them first directed to them but only by power and vertue of them Therefore if the Lords sitting in Parliament be illegal unwarrantable because they sit only by Patents and Writs from the King the sitting of Knights Citizens Burgesses must be so too because they are elected only by the Kings Writ and the people enabled to elect them only by his Patents the power of creating Counties Cities Boroughs Knights being originally in the King as well as the power of creating Lords and Barons 3 Thirdly that the general election of the people is not absolutely necessary nor essential to the making of a Lawfull King Magistrate Counseller of State Peer Member of Parliament nor yet of a Minister as the Objectors falsly pretend who take it for granted as an infallible truth and Maxim of State For then it will necessarily ensue from hence 1. That God himself is no lawfull King or Governour over all the World and creatures in it because not chosen or elected by the General Voice of the Creatures and Mankind to be King over them and because the greatest part of men reject his Yoak Laws Government Exod. 5.2 Psal 2.1 2 3 4. Lu. 1.14.27 yet the Lord still reigneth as a Lawfull King over them by his own Right of Creatorship and Godhead Psal 95.3.5 Ps 96.10 Ps 97.1 Ps 99.1 Ps 100.3 Ps 103.15 Jer. 10.7 Dan. 4.32.34 Ps 10.16 Psal 22.28 Ps 48.7 2ly That Jesus Christ himself who is a King by birth-right Sonship and inheritance only being born King of the Jews sitting upon the throne of David his Father and reigning over the house of Jacob for ever by vertue of his Sonship only as Mat. 2.2 Lu. 1.32 33. Ps 2.6 7 8. Heb. 1.5 8 9. Acts 13.22 23 33. Ezech. 34.23 24. c. 37.24 25. Mar. 11.9.10 Isa 3.6 7. c. 11.1 2 c. Jer. 33. 15 17 20 21. c. 23.5 6. c. 30.4 Hos 3.5 Rev. 2.2 c. resolve was not chosen King ●is Saints Church Subjects people but chuseth them to be his Leiges John 15.16 Eph. 1.4 1 Pet. 2.9 Rev. 17.14 Deut. 14.2 Ps 132.13 Psal 135.4 shall upon this account be no lawfull King or Governor over his Saints Church and Subjects but a meer Usurper Intruder Tyrant over them as they stile Kings by Birthright not popular Election which is the highest blasphemy to affirm 3ly Then it will likewise inevitably follow That neither Moses Joshua Nehemiah Saul David Solomon nor any of the pious Kings of Juda nor Christ himself and other Kings who came to the Crown by Gods immediate designation or by descent birth-right and lineal succession were just lawfull Governors or Kings which none dare averr That the 70. Elders the Princes Nobles chief Captains Judges and Rulers under Moses and their Kings with other Governours and the Jewish Sanhedrim were no lawfull Judges Magistrates Counsellers of State or Members of their general Congregations Parliaments assemblies since we read of none of them chosen by the people but only designed by God himself or made created such by their Kings Governours who both called and summoned them to their general congregations assemblies judicatures as the premised texts and others evidence That Joseph Mordecai Daniel Shadrac Mesec Abednego were no lawfull Rulers or Magistrates because made such even by Heathen Kings not by the peoples choice And that none of the Levites Priests High Priests or Prophets under the Law were lawfull because none of them that we read of were made Levites Priests High Priests or Prophets by the peoples own choice but by descent and succession in the selfsame Tribe or by Gods own immediate call and appointment as John Baptist Christ himself the Apostles the 70 Disciples and others under the Gospel were made Ministers Apostles Evangelists preaching Elders without the peoples call yet our opposites dare not deny their Ministry and Apostleship to be lawfull being not of men but by Gods and Christs own call without the peoples Fourthly then it will from hence also follow that all Hereditarie Kingdoms which Politicians and Divines generally hold the best of Governments being the title of Christ himself to his kingdom all Patents Commissions in all Empires Kingdoms States of the world creating Princes Dukes Earls Lords and such like Titles of Honour whereby they are inabled in all Christian kingdoms to sit vote in their Parliaments and Assemblies of State for making Privy Counsellers Judges Justices and other Magistrates are void null illegal and so all the Laws Orders Ordinances made Acts done and Judgments given by them are void or erroneous because they were not chosen called to these publike places Counsels Judicatures by the people but by Emperors Kings and Supreme Governours of 〈◊〉 and what a confusion such a Paradox as this would ●●eed in all our Realms in all States Kingdoms of the world let wise men consider and those fools too who make this Objection 5. Fifthly if there be no lawfull Authority in any State but from the Peoples immediate election then it will necessarily follow that Sir Thomas Fairfax is no lawfull General his Officers Councell of Warr no lawfull Officers or Councel yea Colonell and Lieutenant Colonell Lilburn no lawfull Colonel or Lieutenant-Colonel and ought not to use or retain these titles as they doe because none of them were called chosen to those places by the People or common Souldiers but made such by Commission from the Parliament General or Lords alone 6. Sixthly This paradox of theirs touching the peoples choice call to inable Peers to sit in Parliament or bear any office of Magistracy or Judicature is warranted by no law of God in old or new Testament both which contradict it by no Laws or Statutes of these Kingdoms Nations which absolutely disclaim it and enact the contrarie by no Original Law of Nature which as all Polititians and Divines assert and the Scripture manifests at first gave everie Father a Magistratical and Judicial rule power over his children progeny Family and made him a King Prince Lord over them without either their choice or call the Father and first-born of the family being both the King Prince Lord over it and Priest to it from the Creation till the Law was given as is generally acknowledged by all Divines as God himself is King over all the earth world as Creator and Father thereof 7ly It is very observable that God himself expresly denied to his own people Israel the free election of their Kings and Supreme Governors reserving the choice of them only to himself as his own Prerogative witness that notable text of