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A89100 Captaine Audley Marvin's speech delivered in the upper house to the Lords in Parliament May 24, 1641 concerning the iudicature of the high court of Parliament.; Speech delivered in the Upper House to the Lords in Parliament May 24, 1641 Mervyn, Audley, Sir, d. 1675. 1641 (1641) Wing M1888; ESTC R42671 9,161 19

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statuit praecipit leges Anglicanas in Hibernia ita quod leges easdem in scripturas redactas reliquit sub sigillo suo ad Scaccarium Dublin Shall I repeate the very words recorded Rot. Patent 18. H. 3. Rex c. Comitibus Baronibus militibus liberis hominibus omnibus alijs de terra Hyberniae Salutem Quia manifeste esse dinoscitur contra coronam dignitatem nostram consuetudines leges regni nostri Angliae qua● bonae memoriae Dominus Iohannes Rex Pater noster de communi ommium de Hybernia consensu teneri statuit in terra illa quod placita tencantur de curia Christianitatis de advocationibus Ecclesiarium Capellarum vel de Laico foedo vel de Catallis quae non sunt testamento vel matrimonio Vobis mandamus prohibentes quatenus hujusmodi placita in Curiae Christianitatis nulla tenus sequi praesonatis in manifestum dignitatis Coronae nostrae praejudicium Scituri pro certo quod si feceritis dedimus in mandatis Iudiciario nostro Hiberniae Statuta Curiae nostra in Anglia contra transgressiones hujus mandati nostri cum justitia procedat quod nostrum est exequatur Teste Rege apud Winchomb 28. Octob. an regni 18. My Lords I have read this Roll at large because I perceive a holy indignation in this Prince that the officers of this Kingdome would hold Pleas not sutable in every respect unto the Laws and Customes of England adjudging the practice to be in manifestum dignitatis coronae nostrae praejudicium Then observe the warning piece Vobis mandamus prohibentes c. then the punishment Scituri pro certo c. But the Iudges in those dayes were not so acute in case they had incurred it Yet the Sophisters of Law in this Kingdome may finde that King not unprovided with his answer for the words are Dedimus in mandatis c. Statuta Curiae nostrae in Anglia contra transgressiones c. So that then the Statutes and Rules of the Courts in England may be Presidents both for triall and punishment Rot. Pat. 30. H. 3. Rex c. prs communi utilitate terrae Hyberniae pro unitate terrarum provisum est quod omnes leges consuetudines quae in regno Angliae tenentur in Hybernia teneantur eadem terra eisdem legibus subjaceat ac per easdem regatur sicut Iob ●n●es Rex cum illic esset statuit firmiter mandavit Ideo volumus quod omnia brevia de communi jure quae curr●nt in Anglia similiter currant in Hybernia sub novo sigillo Regis Here are the old Lawes and Writs differing in nothing but in a new Seale which I wonder none of our witty Informers take advantage to make it an essentiall difference 13. H. 1. Coram rege in longo placito I reade una eadem esse debet Lex tam in regno Angliae quam Hyberniae My Lords I will adde but this Quotation which I hapned upon this morning 2. Rich. 3. fol. 12. in Camera stellata Terra Hyberniae inter se habet Parliamentum omnimodas Curias prout in Anglia per idem Parliamentum sacit leges mutat leges illi de eadem terra non obligantur per Statuta in Anglia quia hi non habent milites Parliamenti Here is a Graunt of Parliament past unto us of this Kingdome with all his appurtenances rites and members as they were formerly or now held by the Subjects of England from or by his Majestie Pray my Lords why are these cleere records preserved to posteritie to raise or to confirme doubts That then their Parliaments are the very starres by which we must saile by their Presidents the meridian sun we must observe to find the Latitude of our proceeddings the last rehearsed rolls proclaime vouredly this name becomes it if one Iustice of Assize may heare and determine capitall offences and this Altissima Curia not have power of a grand Iury to him to finde Billa vera Yet aske this Iustice of Assize by what president in this Kingdome he adventures upon this service Aske of the Iustice of peace by what Presidents he takes notice of Presentments Indictments awards the alias the plures Capias and his Presidents must take shipping out of England Inquire of the Court of Chancery for its presidents of Equitie for the Presidents of Writs and judgements Inquire of the Kings Bench for a President in Ireland for a Wager of battaile in an appeale Inquire of the Courts of Common-pleas for their Presidents in any of their rules of Court Nay inquire of the pettie Constable by what President in Ireland he executes his office nay for the carrying of his painted staffe and they will returne but starved and hungry arguments except they ship their Presidents out of England But admit my Lords we had no interest in the Presidents of England were it not durus sermo that the long and well settled rites of Parliament should fall to the ground for want of a President which undoubtedly hath power in it selfe to make a President not repugnant to Law Who knowes not but in the former darke and Tragicall times that all or the most part of the Roles and Records of this Kingdome were kept in Breminghams Tower and that the end of them was the Antitype of the end of the world even a dissolution by fire some layd in horse loades in every corner of the streetes for dunghill-rakers to pick antiquities up Taylors to make measures of This Epidemicall consumption of our Records was a want of them though no fault in us then unborne should permit Treasons Rapines Murthers Disturbers of the King Kingdome and Common-weale not onely passe with impunitie but be established in the greatest places of Iudicature as if Treason were the square of the Law and Allegeance become Treason Praised be Almighty God this Kingdome is not so barren of the Professors of the Law but I see those persons in my eyes that can with more respect unto the dignitie of His Majesties Crowne with more regard unto his Majesties most Sacred and inviolable Oath with more content to the whole Kingdome personate the King amiable to his people in the dispensation of Iustice in the High Offices of the Iudges impeached Yet my Lords notwithstanding the Bonsires of our Rolles I will offer one President or two by which the ancient Iudicature of the Parliament in this Kingdome will appeare in triumphant colours In a Parliament held in this Kingdome in Hen. 5. time Richard O Heydan Bishop of Casshell was impeached in 30. Articles by Iohn Gese Bishop of Waterford 3. Articles were for counterfeiting the Kings Seale for counterfeiting the Kings Letters Patent for endeavouring to make himself King of Munster so that the Parliaments in this Kingdome have not been confined to triall of petty Larcenies and most properly should punish with the Sword committing the rod
to every pedantick Schoolemaster In another Parliament held in this Kingdome in the Edw. 2. Sir Arnold Poore was tried for killing the Lord Bonevaile and by sentence of that High Court was acquitted it being found it was done in his own defence My Lords the Treasons in this Kingdome formerly practised have been by hostile invasion for the most part and were struck dead by the plaine Letter of the Law the Parliaments were but rare and Infant-like and frighted with the clashing of Armes from one place to another and untill King IAMES of blessed memory sate at the Steerage of our weather-beaten Arke our Dove never brought in her Olive-branch so that there could hardly be time allowed for a solemne tryall if the occasion had beene offred The manner of those Treasons resemble the forcible taking of a mans purse upon the high-way these Treasons that wee shall have to sift are more like cut-pursing they smile in our faces whilst their hands dive into our pockets the event is one The losse of our Money and though they be taken napping they will swear they meant us no harme Latet Anguis in herba The first man that ever suffred for Treason if want of a President would excuse him might have begot Traytors to the third and fourth generation with impunitie My house hath taken fire I call for water to quench it I would suppose him mad that would advise me to let it burne to the ground because my neighbour would not quench his and therefore I want a President We will impute it unto the integritie of those times that have not fostred such unbounded spirits to attempt such crimes as might leave Presidents of this Nature It is my Lords Iustice that those who will renew Presidents of long buried crimes should renew or create Presidents of deserved tryall and punishment My Lords I have mustered some few Arguments in vindication of the Iudicature of the Parliament in this Kingdome they are valid enough for the intricacie of the question Where tacks will serve what needs ten-penny nayles A good face wants no band A valid Parliament wants no assertions for its Iurisdiction and such is this declaring the effectuall validitie thereof in an Emphaticall sense There is nothing now left my Lords but that as I have spent some time in scanning a Parliament with Iudicature since Contraria contrarijs opposita magis elucescunt we may cast a smiling eye upon that pretty silken bug-beare of State a Parliament without Iudicature Curia altissima must be Curia infima Curia magna must be Curia minina It will resemble a sword with guilt hilts and a blade made of a larth Whereas then all Courts were derived from it now all Courts may insult upon it My Lords I leave to your Lordships consideration the cloth of State which no man ought to name without reverence whether it will not esteeme it selfe in a deplorable and widdowed estate for the death of her onely consort IVDICATVRE Like the single Turtle it mournes whilst the Cushions of the Toulesale prick up their eares My Lords me thinks the Lyons roare the strings of the harps break and sound in discord the Flower deluces wither to be stretch'd out in a place sans Iudicature None sits under that Pavilion that beares the Sword in vaine The high priz'd tincture of your Lordships robes begins to fade the Ermins loose their complexion if they loose their Iudicature That wel-becomming title to a Nation PEERAGE begins to hang down its head and blush and curses the insluences in its nativitie if it should come to such an untimely end Your Speaker may study silence and report that to himselfe which he never read nor heard of A Parliament without IVDICATVRE The Right reverend Bishops may retire in to the Iudicature that happen to be discuss'd before this Tribunall though most venerable in their own Spheare sit like so many Plovers prick'd down for Stales with this Motto Videntur non sunt We of the House of Commons that were hitherto stiled Prudentum Conventus may Impeach with little wit and you remedy us with as little power imitating Baals priests cut and lance our selves contribute our Estates our Studies our lives for his Majesties ever prayed for happinesse Call and Call to their gods that could not helpe them Impeach and Impeach and demand Iustice from our titular Lords that can neither helpe themselves nor us My Lords the Common Law speaks our Parliament and its Indicature the Statute Lawes confirme it Presidents streng then it Reason even undeniable reason fortifies it what Magick is there then That the case is thus altered If it lyes in the degrees of the persons impeacht heare then the Statute of Marlebridge 52. H. 3. Provisum est concordatum concessum quod tam majores quam minores justitiam habeant recipiant in Curia Domini Regis Yet their offices may offer some things in consideration My Lords the late Lord Keeper in England will not come in to dispute this point afore the Parliament and Sir Robert Belknap one of the Iudges of the Common Pleas was put to banishment by the Parliament for subscribing an opinion against Law though forc'd by a dagger held to his brest and the rest of the Iudges that subscribed the same were put to death A reason I forgot that we may be excus'd for want of Presidents if there be any surviving The parties impeach'd have taken a course for that and by an order of the Chancery had them in their owne custody since their Impeachment since the Master of the Rolls death unto this present houre Poore David poore House of Commons must encounter Goliah nay Goliah Sauls Armor the Kings evidences nay Davids poore sling this I humbly present to your Lordships consideration My Lords England will not 〈◊〉 that we plead an equall interest in their Laws but re●●y 〈◊〉 support us especially in parliamentary proceedings his Majestie will conceive the vanity of those that taking advantage of his princely mind involv'd in multiplicity of weighty affaires would raise such dangerous doubts Observe but one word in the Rotul Pat. 30. H. 3. Rex c. pro communi u●●litate terrae hyberniae pro unitate terrarum provisum est quod omnes leges consuetudines You see the confirming and enacting of the Lawes and Customes of England to be of force in Ireland was pro utilitate terrae Hyberniae pro unitate terrarum the Union of Lawes being the best unitie of Kingdomes Those then that would tread under feet the wisedome 〈◊〉 ●hose times so fortunately commenced and continued may be judged as the Incondiaries of Nations and the plagiaries of Government My Lords out of what I have 〈◊〉 this infallible Maxime may be drawn of the High court of Parliament Si vetustatem spectes est antiquissima si dignitatem est honoratissima si Iurisdictionem est capacissima In the last place I present unto your Lord 〈◊〉 these three instruments being thrice severally read 〈…〉 debated and solemnly voted in our House 〈…〉 their perfection and maturitie by such proceedings in 〈◊〉 most honourable House as shall be sutable to your approved Iudgements FINIS