Selected quad for the lemma: country_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
country_n	england_n	king_n	return_v	2,853	5	6.9533	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80192	The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.	Colquitt, Anthony.; Washington, Joseph, d. 1694.; Great Britain. Court of Exchequer.; England and Wales. Court of Common Pleas.; England and Wales. Court of Chancery.; England and Wales. Court of King's Bench.	1698 (1698)	Wing C5416; ESTC R171454	291,993	354

but it was denied for the Court agréed the Writ well issued Some have made a difference between the King's Bench and the Common Pleas as if an Execution might go into Wales upon a Iudgment obtained in the King's Bench but aliter if in the Common-Pleas But the Law is the same in both Courts Mich. 1653. betwéen Wyn and Griffith this very Case came in question and there it was held that Execution goes into Wales as well as into any part of England upon a Iudgment in the Courts of Westminster In 2 Bulstr 54. Hall versus Rotheram it was held that a Ca. sa shall go into Wales against the Bail upon a Iudgment recovered in the Kings-Bench here against the Principal Of the same Opinion was Iustice Atkins and that the Defendant cannot averr against the Sheriffs Return nor a Bishops Certificate and the true reason is given by my Lord Coke in 2 Inst 452. for the Sheriff is but an Officer and hath no day in Court to justifie his Return In special Cases Exception may be made to the Sheriffs Return but this is by reason of the special provision that is made for the doing of it by the Statute of W. 2. cap. 39. as in case too small Issues be returned or that the Sheriff return a Rescous the Party in his Averment must alledge of what value the Issues are 2dly That notwithstanding the common saying Breve Domini Regis non currit in Walliam yet a Fi. Fa. Ca. Sa. or any Execution whatsoever may issue into Wales upon a Iudgment obtained here And to prove this he considered 1. How Wales formerly stood in relation to England 2. How it stood before it was united by the Statute of H. 8. 3. How it now stands since the Vnion 1. And as to the first of these England and Wales were once but one Nation they used the same Language Laws and Religion and so continued till the time of the Roman Conquest before which they were both comprehended under one name viz. The Isle of Great Britain But when the Romans came those Britains who would not submit to their yoak betook themselves to such places where they thought themselves most secure which were the Mountains in Wales and from whence they came again soon after the Romans were drove away by their dissentions here and then these Britains enjoyed their ancient Rights as before After this came the Saxons and gave them another disturbance and then the Kingdom was divided into an Heptarchy and then also and not till then began the Welsh to be distinguished from the English but yet at that time they had great Possessions in England viz. Gloucester part of Worcester Hereford Shrewsbury which they kept till King Offa drove them out of the plaine Countries and made them fly for shelter into those Mountainous parts in Wales where they now continue Cambden 15. And 't is observable that though Wales had Kings and Princes yet the King of England had Superiority over them for to him they were Homagers Cambden 67. The Word Princeps implying a Subordinate Dignity Selden's Titles of Honor 593. 2dly During the time of the Separation Wales had distinct Laws and Customs from those in England whence that saying took its effect viz. Breve Domini Regis non currit in Walliam yet the Parliament of England before that time made Laws to bind Wales As the Act of 25 Edw. 1. for confirmation of the old great Charter of the Liberties of England and of the Forests which enacts That certain Duties shall be paid for every Sack of Wool c. exported out of Wales 2 Inst 531. So the Statute 3 Edw. 1. cap. 17. which gives remedy if a Distress be taken and detained in a Castle and upon deliverance demanded by the Sheriff if the Lord of the Castle should refuse he might raise the Posse Comitatus and beat down the Castle and if such detainer or refusal be in the Marches of Wales the King as the Statute saith is Soveraign Lord of all and shall do right upon complaint and the Conquest was not made till 9 E. 1. so that at that time likewise though Wales had Princes of its own Vaugh. 400. yet the Kings of England were Sovereigns to those Princes and though they had Laws of their own yet were they bound by those that were made here and though their Princes had ordinary remedial Writs yet in Cases extraordinary the Kings Writs here run into Wales and it was not for want of power but because there was no need for that it went so seldom and when the Kings Writ did issue it was necessary to direct it to the Sheriff of an English County for Wales was not then divided into Shires but afterwards by the Act called Statutum Walliae 12 Edw. 1. * 2 Inst 195. 4 Inst 239. it was divided into six Counties and then again by the Act of 27 H. 8. cap. 26. it was divided into the other six Counties But during this time there were frequent Hostilities between England and Wales until by the Conquest in Edw. 1. time they were united 'T is pretended that H. 3. Father to Edw. 1. was the Conqueror and 't is probable something considerable might be done in his time yet the absolute Conquest of the whole Dominion was made by Edw. 1. in whose time the aforesaid Statutum Walliae was made Vaugh. 414 415. and after that the Statute of 27 H. 8. to compleat the Vnion the end of which is declared to bring the Subjects of both to an entire Vnity and that it may be done with effect 't is enacted That the Laws of England be executed there ● Bulst 54. for which reason it is held in 5 Co. Rep. Vaughan's Case fol. 49. that the Statutes of Jeofails do extend to Wales and in 2 Bulstr 156. * This was a Resolution upon no Debate the Sheriff of Radnor upon a Scire Fac̄ directed to him returned Breve Domini Regis non currit c. and was amerced 10 l. for his false Return Vide 19 H 6. 20. Fitzherb Trial pl. 40. tit Jurisdiction 13 E. 3. 23 24 34. idem Brief 621. Assize 382. It was objected That by express provision in 1 E. 6. cap. 10. Exigent and Proclamations shall be awarded out of the Courts of Westminster into Wales which if they might before this Law was then needless 'T is true the Opinion of the Parliament seems to be that had it not beén for this particular provision such Proclamations might not have issued for by 6 H. 8. cap. 4. Vaugh. 414. such Proclamations went but to the next County but they do not declare so and perhaps they might ground themselves upon that vulgar Error Breve Domini Regis non currit in Walliam which is not true unless the Clause be limited to original Writs only Objection That the Statute of 5 El. cap. 23. which enacts that the Excommunicato Capiendo shall be returned in the Kings-Bench

Ex parte Def. Mr. Holt contra held that the Estate is not determined but had a continuance still In his Argument he considered these four things 1. Whether upon Dr. Vossius's coming into England being under the displeasure of the Government where he was born he was an Exile And he held that he was an Exile which Word in plainness of Speech doth not only concern a person prohibited to live in his Native Country by act of State but one who leaves his Country upon other occasions and Calvin the Civilian in his Lexicon tells us That an Exile is one qui extra solum habitat and in all the descriptions of exilium 'tis divided into voluntary and involuntary Plutarch and Livy use it in the sense of a voluntary leaving of a Native Country where 't is said of Petrellus in voluntarium profectus est exilium If a Man leaves his Country upon the displeasure of the Governours or fearing any Danger of Life or even upon the Loss of his Livelyhood this is little different from involuntary Exile and this is the Case of the Defendant who though he is not prohibited to continue in such Exile yet he is disabled to return and though he is not punished for staying yet if he return he is in danger of being starved As for the Case of exilium de hominibus it makes for the Defendants purpose for in the 1 Inst 53. b. 't is said if Tenants be impoverished that is an Exilium and have not the States taken away the Doctors Livelyhood and impoverished him as much as they can and therefore he had good cause to seek relief elsewhere Now the same cause continues still for 't is not found by the special Verdict that there was any reconciliation betwéen the States and him or that he may have his Pension again if he should return but on the contrary that 't is disposed of to another and 't is apparent that there was a great Friendship between the Testator and the Defendant who took notice of the Circumstances of Dr. Vossius's condition at that time which is in no sort altered from what it was at the time of the making of the Will so that by the Word restored nothing else could be intended by Dr. Brown than when his Friend should have the favour of the States and a comfortable subsistence in his own Country 2. Dr. Vossius is not to be considered with any relation to the War because he came into England before the War proclaimed neither doth it appear by the special Verdict that he was any wise concerned in it If a Subject of England go into Holland and a War break out 't is no restraint of his person if he be not active in it for he may return as he hath opportunity so to do 3. Admitting Dr. Vossius to be concerned in the War yet the Peace ensuing can be no Restitution of him to his Country that only extinguishes the Hostility between the two Nations and doth not restore the Doctor who during the War adhered to the King of England and so was a Rebel to the States and for that reason a Peace shall not extend to pardon him 4. Admitting the Doctor to be no Exile then the Limitation in the Will is void and a void Limitation is like a void Condition and then the Estate is absolute in him if it had been a Condition precedent as a Devise to him in case he was not an Exile that had prevented the vesting of the Estate but if the subsequent Limitation be impossible they must shew on the other side that the Estate is determined Rainsford Chief Iustice was clear of Opinion that the Estate doth continue in the Defendant by this Limitation until the Circumstances of his Case as to the Favour of the States and the offer of his Pension or some competent way of Livelyhood differ from what they did at the time of the making of the Will and it doth not appear that there was any alteration of his Condition nor any expectation of a Pension from the States now more than he had at that time Whereupon in Michaelmas-Term following Iudgment was given for the Defendant Vossius by the Opinion of the whole Court of King's Bench. Strangford versus Green IN an Action on the Case for Non-performance of an Award Award that all Suits shall cease amounts to a Release the Defendant having in behalf of himself and his Partner referred all Differences and Controversies between the Plaintiff and them to Arbitrators and promised to perform their Award which was that all Suits which are prosecuted by the Plaintiff against the Defendant shall cease and that he shall pay the Plaintiff so much c. And for Non-payment this Action was brought upon this special Declaration to which the Defendant did demurr 2 Cro. 639 663 1. Because the Submission was only of Matters concerning the Partnership and the Award was that all Suits shall cease 2. It was of all Matters between the Plaintiff and the Partner and the Award is that all Suits prosecuted against the Defendant only shall cease 3. The Award is not mutual for the Defendant is to pay Mony but the Plaintiff is to give no Release 't is only said that all Suits shall cease 4. The other Partner is not made a Party to the Submission 2 Cro. 663. But these Exceptions were not allowed for no difference shall be intended but what concerned the Plaintiff and the Defendant as the Defendant was concerned with his Partner in Trade only unless the contrary did appear and if any such were they should be shewn on the other side And it shall be intended likewise that all Suits shall cease only between the Plaintiff and the Defendant and that was an Award on both sides for the awarding that all Suits shall cease hath the effect of a Release and the Submission and Award may be pleaded in discharge as well as a Release and likewise the Defendant may undertake for his Partner and having engaged for him and promised that he should perform the Award on his part notwithstanding the Partner is not bound so to do yet if he refuse 't is a Breach of the Defendants promise and so the Plaintiff had Iudgment upon the first Argument Sir John Shaw against a Burgess of Colchester THIS was upon a Tryal at the Barr wherein the Case was this viz. The Plaintiff was a Serjeant at Law and Recorder of Colchester and the Defendants resolving to turn him out procured Articles of Misdemeanour to be drawn against him and then all who had liberty to vote proceeded to vote for and against him and a Poll was granted to decide the Controversie it not appearing upon the View which had the Majority of Votes but before the Plaintiff had taken all the Names and whilst he was taking of the Poll the Defendants took away the Paper and would not suffer him to proceed the Iury gave him 300 l. damages