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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	common_a	law_n	statute_n	4,861	5	8.7366	4	true

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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

SIXTEENE QVERES 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 Printed in the Yeare 1641. SIXTEENE QVAERFS Propounded by the Parliament of Ireland to the Judges of the said Kingdome I. THat the Judges may set forth and declare whether the Inhabitants of this kingdome be a free people or whether they be to bee governed onely by the antient common lawes of England II. Whether the Judges of the Land doe take the Oath of Judges and if so whether under pretext of any Acts of State Proclamation Writ Letter or direction under the great or privie Seale or privie Signet or Letter or other commandement from the Lord Lieutenant Lord Deputie Justice Justices or other chiefe Governor or Governors of this Kingdome they may hinder stay or delay the suite of any Subject or his judgment or execution thereupon if so in what cases and whether if they doe hinder stay or delay such suite judgement or execution what punishment doe they incurre by the Law for their deviation and transgression therein III. Whether the Kings Majesties privie Counsell either together or with the chiefe Governor or Governors of this Kingdome without him or them be a place of Judicature by the common Lawes where in case betweene party and party for Debts Trespasses Accounts Covenants possessions and title of Land or any of them and with them may be heard and determined and of what civill Causes they have jurisdiction and by what Law and of what force is their order or Decree in such cases or any of them IV. The like of the chiefe Governors alone V. Whether Grant of Monopolies be warrantable by the Law and of what and in what Cases and how and where and by whom are the Transgressors against such Grantees punishable and whether by Fine and mutilation of Members imprisonment losse and forfeiture of goods or otherwise and which of them VI. Jn what Cases the Lord Deputie or other chiefe Governors of this Kingdome Counsell may punish by Fine imprisonment Mutilation of Members Pillory or otherwise they may sentence any to such the same or the like punishment for infringening the commands of any Proclamation or Monopolie and what punishment doe they incurre that do vote for the same VII Of what force is an Act of state or Proclamation in this Kingdome to bind the liberty goods possessions or inheritance of the natives thereof whether they or any of them can alter the common Law or the infringers of them lose their Goods Chattels or Leases or forfeit the same by infringing any such Act of State or Proclamation or both and what punishment doe the sworne Judges of the Law that are privie Counsellors incurre that vote for such Act and execution of it VIII Whether the subjects of this Kingdome be subject to the Marshall Law and whether any man in time of peace no enemy being in the fields with displayed can be sentēced to Death if so by whom and in what cases if not what punishment do they incurre that in time of peace execute Marshall Law IX Whether voluntary Oathes taken freely before Arbitrators or others for affirmance or disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or in any other Court and why and wherefore X. Why and by what Law and upon what Rule of policie is it that none is admitted to reducement in the Castle-chamber untill hee confesse the offence for which hee is censured when as Revera he might be innocent therof though subordined proofes or circumstances might induce him to be censured XI Whether the Judges of the Kings Bench and by what law doe or can deny the copies of Indictments of Fellony or Treason to the parties accused of Treason contrary to the statute of 42. Edw. 3. XII Whether the statute of Baltinglase take from the Subjects out-lawed for Treason though erroniously the benefit of his Writ of Error and how and by what meanes that blind clause not warranted by the body of that Act came to be inserted and by what Law is it countenanced to the diminution of the liberty of the subject XIII What power have the Barons and the Court of Exchequer to raise the respite of homage Arbitrarily to what value they please and to what value they may raise it and by what Law they may distinguish betweene respite of homage upon the diversities of the true value of the Fees when as all Escuage is the same for great and small Fees and the apportionable by Parliament XIIII Whether it 's censurable in the subjects of this Kingdome to repaire into England to appeale to his Majesty for Redresse of Jnjuries or for others their accusers if so why and in what condition of persons and by what Law XV. Whether Deanes and other Dignitaries of Cathedrall Churches be properly de mero jure donative by this King or not elective or collative if so why and by what Law and whether the confirmation of a Deane de facto of the Bishops Grantee be good and valid in the Law or no if not by what Law XVI Whether the issuing of Quo Warranto's against Burroughes that antiently and recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament be legall CAPTAINE AVDLEY MERVINS SPEECH to the House of Commons in Ireland Mr Speaker IT was equall care and policy in our Predecessours First to lay a foundation and then by a continued industry to build and perfect so glorious a fabrique as the house of Cōmons lawfull summoned by the Kings writ represents it selfe unto us at this day In which so elaborate and exquisite a structure being finished and crowned with those fruitfull and peace-speaking events may challenge by right the title of a Jubile To so great a modell with neate and provident husbandry they intend no lesse then sutable furniture which allowed pride disdaine to cloath it with any other but with what by his Majesties favour they had procured out of his owne store J meane those great and large priviledges which by severall acts of royall favor have bin dispensed annexed nay hypostatically united to the same Priviledges are the soule by which we move the Sinues and Nerues by which we are compacted they are thē by which we breath Priviledges for their birth allyed to the Kings Prerogative for their antiquity sacred for their strength so re-intrenched by cōmon law fortified by statutes insconsed by precedents of all times that no man ever attempted their violation with impunity so that now and then it may be truly said The Kings house is all glorious within If we which are Heires to their lawes is unto their lands will strive to make no addition to the rich invent ●●ie of those priviledges they have bequeathed ●●to us yet with united spirits let

us all least prevent the dilapidation nay the diminution of the least of them This present occasion of debating Mr. Fitz-Gerralds petition exhibited to this honorable house sets before us blessings and cursings and is the first leafe as we may terme it of the house of commons Almanack not made to serve for one but for many yeares and calculated to serve indifferently for all latitudes in which our carriage makes this and all succeeding dayes but sevill and working dayes or otherwise imprints this day and our priviledges in a conspicuous plausive rubrique to posterity whilest the Palladium was in Troy neither the power nor the long siege of the Grecians could prevaile against it whilest Minoes purple lockes curled from their native roots Creete was unvanquished The Morall of these affictions emphatically preach and teach us this Doctrine that the safety pregnancy glory and strength of this house is but only sent us upon this condition whilest we keepe preserve and defend our liberties our rights our priviledges unbetrayed unsuppressed and uncontrolled if any more allyed to the corruptiōs of our own distempers then challenging an interest in us by a legitimate birth could involve this grave and great assembly in such epidemicall liturgie as directly to snore or at lest to wink whilest our priviledges cloathed in a purple robe of glory like a word never to be recalled escape from among us I say if ungratefull I should cut off the inheritance of these immunities entailed vpon us and confirmed is a monumentall portion vpon this younger brother of state this House of Cōmons what can we expect but that our Fathers Ghosts apparetted with indignation should 〈◊〉 unto us with this or the liking branding phrase Most vngratefull and vnfortunate posterity O aetas parentum pejor Avis better had it bin for you not to live then to out-live your owne infamie If there had beene a necessity you should involve your selves in a general-guilt the election ought to have beene of such a one as might have dyed with your selves but this like originall sinne binds your posterity to sigh for a redemption Did we bequeath unto you those faire ornaments to be stolne or snatched from you Oh where where was your vigilancy and boldnesse to present so disasterous and fatall a consequence Did wee with no better successe of imitation by your labour and even unto hoarsenesse contend in the Parliament held 39. Hen. 6. as Prophecying your weakenesse leave you a record to build upon Where we admitted and priviledged one Walter Clarke a Burgesse of Ch●pengham though at that time in execution ad sect Reg. Did we for this purpose recommend unto you Ferrars case and our proceedings against the disturbers of his right Did wee for this purpose recommend unto you Belgraves case 43. of the Queene Who notwithstanding he procured his election in Winchester by collusion yet Mangre the great opposition raised by the Earle of Huntington upon the sight of the Sheriffes returne a sufficient amerment to satisfie vs we admitted and confirmed him in the protection of our house did we for this purpose exemplifie unto you the case of Richard Chidder 5. Henry 4. who being arrested in his journey towards the Parliaments where note that the date of the election is the date of the priviledge They are twins of one birth wee ingraft him as a twig to be writh'd by our common roote and quickly lopt off that so perilous authority wch would prunne our branches Nay Mr. Speaker our fellows labouring Parliament in England with their hearty cōmendation have transmitted unto us a precedent from each house The house of the Lords opening the gates of the Tower to prepare an entry to the censured Bishop of Lincolne and the house of Commons with like imitation likesuccesse having performed the same in Sir Iohn Elliot and innumerable others But now I will endeavour to allay the distempered spirits of our Fathers whilest with more patience and duty we attend the modest corrections of our indulgent King And so exeunt Patres and Intr. H. 8. in his owne person commending the resolution and zeale of the house of Commons in preserving the lustre of their ownē Priviledges from being Eclipsed alledging himselfe to be interessed in them since that hee and they knit together compleated one body who in this out deserved calamities would not rather imitate us by scoss then qualifie our untimely repentance by absence of our owne murdering wrongs What may not E. 4. exprobrate unto us who in the 3. yeare of his raigne records his regall pleasure to posterity That all Acts Suites judgments censures qui dicit omne excludit nullum awarded against any Member of Parliament should be utterly void and frustrate crowning the Act with an Emphaticall epiphonema and this act to endure for ever And surely common reason is pregnant in the justification thereof That where the publique service and good is primarily intended a supersedeas must issue to private respects since they cannot stād in competition inhabit our spheare If their judgments are not yet calmed and setled behold his Majesty that now is cloathed in his royall Robes and thus speaking unto you from underneath his state Gentlemen why stagger you thus that are your selves the pillars of the commonweale you are not upon breaking the Ice nor bound upon the discovery of the unknowne world each leafe reports your precedents that are like Maps that secure and expedite your fortunate Navigation From mee you can expect no more satisfactiō then what J have declared in the 3. yeare of my Raigne in answer to the Petition of Right in Parliament that J am interested in the maintaining of the Priviledges of this House being a maine pillar of the liberty of my Subject the goods of one _____ being seised in my name and for my use for denying Tonnage and pondage they re-assumed hee being at the time of that seisure a Member of the House and whether J distasted sure J am J had no redresse As for the tender care of my interest in the Fine of 10000 l. and that you admitted my Attorny generall to a favourable hearing in my behalfe though against your selves a Parliamentary custome not to be written in small Print I thanke you Gentlemen yet I thinke you know as well as I that these great sounding Fines to me have in their effects but short and little accounts if there be 3. bags the little one is mine The 5000. l. dammages to the party a summe equall or more to the defendants estate is as much as Magna Charta by those words of falvo contenem●nto would warrant Therefore my Judges by dividing it might have considered me somewhat whereas now the old proverbe binds me where there is nothing left the King loses his right Now Mr. Speaker in a Parliamentary way wee must withdraw and enter into our owne Spheare Enter into a discusse of those objections that impugne Mr. Fitz-Gerralds election admittance and