Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	britain_n	king_n	time_n	2,098	5	3.6726	3	false

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

the understanding of the Statute of 2 R. 2. cap. 5. upon which this Action of Scandalum Magnatum was grounded to consider the occasion of the making of it In those days the English were quite of another Nature and Genius from what they are at this time the Constitution of this Kingdom was then Martial and given to Arms the very Tenures were Military and so were the Services as Knights Service Castleguard and Escuage There were many Castles of defence in those days in the hands of private Men their Sports and Pastimes were such as Tilts and Turnaments and all their Imployments were tending to bréed them up in Chivalry Those who had any dependency upon Noble Men were enured to Bows and Arrows and to signalize themselves in Valour it was the only way to Riches and Honour Arts and Sciences had not got such ground in the Kingdom as now but the Commons had almost their dependance upon the Lords whose Power then was exceéding great and their Practices were conformable to their Power and this is the true Reason why so few Actions were formerly brought for Scandals because when a Man was injured by Words he carved out his own Remedy by his Sword There are many Statutes made against riding privately armed which Men used in those days to repair themselves of any Injury done unto them for they had immediately recourse to their Arms for that purpose and seldom or never used to bring any Actions for damages This was their Revenge and having thus made themselves Iudges in their own Cases it was reasonable that they should do themselves Iustice with their own Weapons but this Revenge did not usually end in private Quarrels they took Parties ingaged their Friends their Tenants and Servants on their sides and by such means made great Factions in the Commonwealth by reason whereof the whole Kingdom was often in a flame and the Government as often in danger of being subverted so that Laws were then made against wearing Liverys or Badges and against riding armed This was the mischief of those times to prevent which this Statute of R. 2. was made and therefore all provoking and vilifying Words which were used before to exasperate the Peers and to make them betake themselves to Arms by the intent of this Act are clearly forbidden which was made chiefly to prevent such consequences for it was to no purpose to make a Law and thereby to give a Péer an Action for such Words as a common person might have before the making of the Statute and for which the Peer himself had a Remedy also at the Common Law and therefore needed not the help of this Act. If then the design of this Statute was to hinder such practices as aforesaid the next thing to be considered is what was usual in those days to raise the Passions of Peers to that degreé and that will appear to be not only such things as imported a great Scandal in themselves or such for which an Action lay at the Common Law but even such things as savoured of any Contempt of their persons and such as brought them into disgrace with the Commons for hereby they took occasion of Provocation and Revenge 'T is true that very few Actions were brought upon this Statute in some considerable time after it was made for though such practices were thereby prohibited the Lords did not presently apply themselves to the Remedy therein given but continued the Military way of Revenge to which they had béen accustomed As to the first Objection that hath been made he gave no answer to it because it was not much insisted upon on the other side whether an Action would lye upon this Statute for the very words of it are sufficient ground for an Action and 't is very well known that whereever an Act prohibits an evil thing Maxim the person against whom such thing is done may maintain an Action This Statute consists of two parts the first is prohibitory Vide Ante. Viz. That no Man shall do so c. Then comes the additional Clause and saith That if he do he shall incur such Penalty 'T is on the first part that this Action is grounded and so it was in the Earl of Northampton's Case in that Report which goes under the name of the Lord Coke's 12th Report where by the Resolution of all the Iudges in England except Flemming who was absent it was adjudged that it was not necessary that any particular Crime should be fixed on the Plaintiff or any Offence for which he might be indicted So are the Authorities in all the Cases relating to this Action In the Lord * 4 Co. 13. b. 2 Cro. 196. Cromwel's Case for these Words You like those who maintain Sedition In the Lord of Lincoln's Case My Lord is a base Earl and a paultry Lord and keepeth none but Rogues and Rascals like himself In the Duke of Buckingham's Case He has no more Conscience than a Dog In the Lord * Hill 16 Car. 2 Rot. 1269. Affirmed in a Writ of Error in B R. Marquess of Dorchester's Case He is no more to be valued than the Black Dog which lies there All which Words were held actionable and yet they touch not the persons in any thing concerning the Government or charge them with any Crime but in point of Dignity or Honour And they were all villifying Words and might give occasion of Revenge And so are the Words for which this Action is brought they are rude uncivil and ill natured Unworthy is as much as to say base and ignoble a contemptible Person and a Man of neither Honour or Merit And thus to speak of a Nobleman is a Reflection upon the King who is the Fountain of Honour that gives it to such persons who are in his Iudgment deserving by which they are made capable of advising him in Parliament and it would be very dishonourable to call unworthy Men thither 'T is likewise a dishonour to the Nobility to have such a person to fit among them as a Companion and to the Commons to have their proceedings in Parliament transmitted to such Peérs so that it tends to the dishonour of all Dignities both of King Lords and Commons and thereby discords may arise between the two Houses which is the Mischief intended to be remedied by this Act. Then the following Words are as scandalous for to say A Man acts against Law and Reason imports several such acts done a Man is not denominated to be unworthy by doing of one single Act for in these Words more is implied than to say he hath done an unworthy thing for the Words seem to relate to the Office which the Plaintiff had in the Country as Lord Lieutenant which is an Office of great Honour and can any thing tend to cause more discord and disturbance in the Kingdom than to say of a great Officer That he acts according to the dictates of his Will and Pleasure the consequence