Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	court_n	king_n	lord_n	2,970	5	3.7799	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70545	The two great questions whereon in this present juncture of affairs, the peace & safety of His Maiestie's person, and of all His Protestant subjects in his three kingdoms next under God depend stated, debated, and humbly submitted to the consideration of Supreme Authority, as resolved by Christ.	Lawrence, William, 1613 or 14-1681 or 2.	1681 (1681)	Wing L693; ESTC R9	8,773	17

Whether a man that was forth-coming might be attainted of High Treason by Parliament and never called to answer The Judges answer'd That it was a DANGEROUS QUESTION and that the High Court of Parliament ought to give Examples to Inferior Courts for proceeding according to Justice and no Inferior Court could do the like and they thought that the High Court of Parliament would never do it But being by the Express Commandment of the King and by the said Earl pressed to give a direct Answer They said That if he be Attainted by Parliament it could not come in question afterwards whether he were called or not called to answer And albeit their Opinion was according to Law yet might they have made a better answer for by the Statutes of Magna Charta cap. 29. 5. E. 3. cap. 9. and 28 E. 3. cap. 5. No Man ought to be Condemned without answer c. which they might have certified but facta tenent multa quae fieri prohibentur the Act of Attainder being passed by Parliament did bind as they Resolved The Party against whom this was intended was never called in Question but the first Man after the said Resolution that was so attainted and never called to answer was the said Earl of Essex whereupon that Erroneous and Vulgar Opinion amongst our Historians grew That he died by the same Law which he himself had made The Rehearsal of the said Attainder can work no prejudice for that I am confidently perswaded That such Honourable and Worthy Members shall be from time to time of both Houses of Parliament as never any such Attainder where the Party is forth-coming shall be had without hearing of him 7. The Papist cannot be pleased better nor any thing more for his advantage done than by Act of Parliament to Exclude the Collateral Heir without Summons or Hearing because he knoweth the next Parliament for him will make the Act of Exclusion NULL and VOID though they can alledge no other Reason for Error than that he was not according to the LAW of GOD NATIONS NATURE SCRIPTURE MAGNA CHARTA and PETITION of RIGHT Summon'd and Heard as appears was done in a great Case concerning Thomas and Henry Earls of Lancaster which is thus recited Coke 2 Part. fol. 48. Thomas Earl of Lancaster was destroyed That is adjudged to Die as a Traitor and put to Death in 14 E. 2. and a Record thereof made And Henry Earl of Lancaster his Brother and Heir was restored for two Principal Errors in the proceeding against the said Thomas 1. Quod non fuit araniatus ad Responsionem positus tempere pacis eo quod cancellaria aliae curiae Regis fuer ' apertae in quibus Lex fiebat unicuique prout fieri consuevit 2. Quod contra cartam de Libertatibus cum dictus Thomas fuit unus parium Magnatum Regni in qua continetur and reciteth this Chapter of Magna Charta specially quod Dominus Rex non super eum ibit nec mittet nisi per Legale Judicium par●um suorum tamen per Recordum praedictum Tempore Pacis absque arainamento Responsione seu Legali Judicio parium suorum contra Legem contra tenorem Magnae Chartae Here appears that an Act of Parliament made purposely to exclude Thomas Earl of Lancaster and his Brother Henry Earl of Lancaster from the Crown is made Void and Null by a Parliament called after by Henry who succeeded and was after King Henry the Fourth on assigning no other Errors but these Two Viz. 1 That he was not Arraigned nor brought to answer though it was in a time of Peace when the Chancery and other the King's Courts were open in which Justice was done to every one as hath been accustomed to be done 2. Because against the Charter of Liberties when the said Thomas was one of the Peers and great Men of the Kingdom and recited the Chapter of Magna Charta especially That our Lord the King shall not pass upon him nor condemn him unless by the Lawful Tryal of his Peers yet by the Record aforesaid in a time of Peace without Arraignment Answer or Lawful Tryal of his Peers against the Law and against the Tenor of Magna Charta c. he was Condemned And such Exclusion without Summons and Hearing will advance the Reputation of the Title of the Collateral Heir and disparage and draw suspition of weakness on the Title of the Lineal Heir because men use not to deny Hearing to any but to those whose right is better than their own and whom they are not able to answer but by stopping their Mouths and not suffering them to prove or dispute against their own false pretences So did Edward the Fourth deal with Sir John Mortimer whom he could not deny to be true next Lawful Heir to the Crown as Coke relateth 4th Part fol. 38. And saith as evil was the proceeding against Sir John Mortimer third Son of Edmond the second Earl of Marsh descended from Lionel Duke of Clarence who was Indicted of High Treason for certain words in effect That Edmond Earl of March should be King by Right of Inheritance and that he himself was next Rightful Heir to the Crown after the said Earl of March wherefore if the said Earl should not take it upon him he would And that he would go into Wales and raise an Army of 20000 Men c. which Indictment without any Arraignment or Pleading being meerly feigned to blemish the Title of Mortimers and withal being insufficient in Law as by the same appeareth was confirmed by Authority of Parliament And the said Sir John being brought into the Parliament without Arraignment or putting to Answer Judgment in Parliament was given against him upon the said Indictment That he should be carried to the Tower of London and Drawn through the City to Tyborn and there Hanged Drawn and Quarter'd his Head to be set on London Bridge and his four Quarters on the four Gates of London as by Record of Parliament appeareth Rot. Par. 2. H. 6. Nu. 18. 8. Admit the Law should be proved doubtful in the point whether an Act of Exclusion may be lawful or not yet the Rule is undoubted quod dubites ne feceris when the same end may be better obtained in a way not at all doubtful it would seem therefore very contentious to cast all on a Querie in Law to spare the labour of so small a Punctilio as Summons when the same may be done with less labour and the proceedings made clear and indisputable in Law by giving it 9. Admit an Act of Exclusion might possibly be proved Lawful in some case of Necessity without Summons yet it is a Rule Non recur ●itur ad remedium Extraordinarium nisi deficit ordinarium it is already shewn Here is no such case of Necessity The time is of Peace and not of War the place is in the High Court of Parliament and not in the Camp 10. It were a