Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	ireland_n	king_n	statute_n	2,756	5	8.4949	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38261	The proceedings in the House of Commons, touching the impeachment of Edward, late Earl of Clarendon, Lord High-Chancellour of England, Anno 1667 with the many debates and speeches in the House, the impeachment exhibited against him, his petition in answer thereto : as also the several weighty arguments concerning the nature of treason, bribery, &c. by Serj. Maynard, Sir Ed. S., Sir T.L., Mr. Vaughan, Sir Rob. Howard, Mr. Hambden [sic], and other members of that Parliament : together with the articles of high-treason exhibited against the said Earl, by the Earl of Bristol in the House of Lords on the 10th of July, 1663 : with the opinion of all the learned judges therein.	England and Wales. Parliament. House of Commons.; Clarendon, Edward Hyde, Earl of, 1609-1674.; Vaughan, John, Sir, 1603-1674.; Seymour, Edward, Sir, 1633-1708.; Littleton, Thomas, Sir, d. 1681.; Hampden, Richard, 1631-1695.; Maynard, John, Sir, 1602-1690.; Howard, Robert, Sir, 1626-1698.; England and Wales. Parliament. House of Lords.	1700 (1700)	Wing E2683; ESTC R3660	65,855	176

declared not to Impeach of Treason upon the first Article And if any Man will add to the rest of the Articles he may but you ought to accuse Mr. Sollicitor None accuseth but for Justice sake and should be glad if the Party accused prove himself Innocent There is a Duty to the King and to Truth and it is not fit that an Article of this Kind brought into the House should be laid by upou pre tence that the time is clapsed for the Crime is more than what is mentioned in the Act made by you it is an Offence at Common-Law and if it be prosecuted by Fine and Imprisonment no time is limited The Third and Fourth Articles read and Voted Mr. Vaugh. Your reading every Article is needless unless it be to see whether any one may be Charged as Treason for if one may be objected against so may all as to Misdemeanours Fifth Article read Sir Iohn Sh w. The old Farmers had not the Customes till others said they would give no more and they had no reason to thank the Chancellour because they gave more than others And I declare upon my Life I know no reward given him Sir Tho. Litt. It appears by the Farmers Confession that they had it 50000 l. under besides time of Payment which was 30000 l. more Mr. Seym. Your are at liberty to receive Objections to the Articles but tho' others bad more they were told they should not have it and had about 1000 l. each given them to bid no more Sixth seventh Eight and Ninth Articles Read and Voted The Tenth Mr. Vaugh. This is an Article of an high Nature Dunkirk was then as much a Part of His Majesty's Dominions as Ireland and if the Sale of it be nothing I know not what you would think of it if England should be Sold you lately debated whether on the first Article he should be accused of Treason and found by the Statute of 25 Ed. 3. he could not tho' it was absolute Treason at Common-Law and it s reported abroad that I said that the Right of the Parliament in declaring Treason is taken away which I did not for there are Treasons not mentioned in that Statute Therefore it provided that the Judges should not upon any one Treaso proceed to Judge untill declared before the King and Parliament and what is signisfied by it If we think before the King Lords and Commons that is impossible for how can the Commons possibly declare before the King and Lords nor was that the Case but this that there is the ultimate Power of determining what the Law is in a doubtful Case In Writs of Error let them pass from Court to Court at last they come to the Lords 24 Ed. 3. If the Judges cannot resolve what the Law is it is to be brought thither that is where it is questionable but that is not in the House of Commons any more than in a Writ of Error How than is the Case here If a Question be whether a Thing is Treason or not it shall be Resolved where the Law useth to Resolve that is before the King in Parliament that is in the Lords House Had the Words of the Act been these there shall be no Proceeding untill Resolved by the King in the Lords House and Suppose that Clause taken away That Treason shall not be Resolved but suppose it shall not be declared otherwise doth it follow it is taken away No if you charge Treason which is not within the Statute it is another Thing but I said not there is no Treason at Common-Law Mr. Sollicitor There was a great Mischief in the declaring Treason by Parliaments for Mortimer was made a Traitor for incroaching upon Royal Power which every Man who incroacheth upon any Power doth Hence the Commons Petition'd the King to explain what incroaching upon Royal Power was and when no Answer could be gotten to it 25. Ed. 3. They Petion'd it might be declared certainly and so Treasons were enumerated and if the Judges be in doubt it is Provided that the King and Parliament shall first declare it Declaration in Parliament is a Declaration before the King Lords and Commons Would our Ancestors leave what is to be Resolved Treason to the Lords and themselves have no share in it And Talbots being declared Treason by the Lords is said to be no Treason by Judge Cook because the Commons had no hand in it there is no Treason in Common-Law because there can be no Treason where there is no way to Judge it which is not at Common-Law Mr. Vaugh. When the Law is made uncertain the Lords must declare it it appears there were Treasons at Common-Law not mention'd 25 Ed. 3. It is one Thing for a Matter to be Treason before and the Parliament to declare it another for the Parliament to make a Thing Treason which was not Sir Will. Lewis I desire to be Resolved whether Dunkirk was annexed to England because a Bill to that end was carryed but not Passed Mr. Waller To shew that Dunkirk was annexed to England consider we were Passing a Bill for 1200000l But when we were making a Preamble to the Bill we were to seek for Reasons for giving the Money seeing we had no War some said to keep Dunkirk but were told we should take heed of looking upon it as annexed unto the Crown but it was replyed Dunkirk was look'd upon as a Frontier Town and accordingly noted in the Bill Therefore the Sale of it Treason Mr. Coven Had it been part of the Crown of England what needed a Bill to make it so Mr. Pr n. It cannot be Treason because Sold by the King's consent Mr. Vaugh. If the King agreed to it doth it follow that he who adviseth the King to a Thing destructive to his Kingdom and King is not a Traitor If any part of the King's Dominions may be alienated especially when a Parliament is Sitting for they concurring it may be alienated by the same Reason the King may alienate Ireland or England too without the Parliament For by what Act of Parliament doth the King hold Ireland or England It is by Acquisition I say not Tangier for that was part of his Portion and is his own But Dunkirk would have been the Kingdoms if not thus disposed of and tho' it might have been alienated with the Parliament it could no more without than England or Ireland Mr. Ed. Hart. The Act of Parliament for annexing was not This Parliaments but of the Convention and came in thus the King was pleased to tell me that the Spanish Ambassadour might press him to part with it which he had no mind to do therefore he would have a Bill to annex it to the Crown which shews it was the King's Will to have it annexed accordingly this Parliament passed it and Dunkirk might have been as useful as Calice At length this Article was passed by without determining whether Treason or not Eleventh Twelfth Thirteenth and Fourteenth