Selected quad for the lemma: kingdom_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
kingdom_n lord_n parliament_n time_n 3,250 5 3.6307 3 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A91198 Irenarches redivivus. Or, A briefe collection of sundry usefull and necessary statutes and petitions in Parliament (not hitherto published in print, but extant onely in the Parliament rolls) concerning the necessity, utility, institution, qualification, jurisdiction, office, commission, oath, and against the causlesse, clandestine dis-commissioning of justices of peace; fit to be publikely known and observed in these reforming times. With some short deductions from them; and a touch of the antiquity and institution of assertors and justices of peace in other forraign kingdomes. Together with a full refutation of Sir Edward Cooks assertion, and the commonly received erronious opinion, of a difference between ordinances and Acts of Parliament in former ages; here cleerly manifested to be then but one and the same in all respects, and in point of the threefold assent. Published for the common good, by William Prynne of Lincolns-Inne, Esq. Prynne, William, 1600-1669.; England and Wales. Parliament. 1648 (1648) Wing P3987; Thomason E452_23; ESTC R203239 36,601 50

There are 2 snippets containing the selected quad. | View lemmatised text

that no Sheriff nor no man who hath the keeping of Prisons may be put into such Commissions The Answer As to the first poynt of this Petition our Lord the King wilieth that it shall be done Numb. 21. Item Pray tho Commons that whereas the Justices assigned to enquire of divers Felonies Confederacies Conspirators and Maintainers of quarrels of which points the said Iustices judge molt reddement over-hastily in grievance of the Commons that it would please our Lord the King and his Counsell that the poynts of Confederacies Conspiracies and Maintainers may be declared The answer Our Lord the King willeth that none shall be judged nor punished for Confederacy but there where the Statute thereof made speaketh expresly upon the poynts contained in the said Statute 47 E. 3. rot Parl. n. 26. Item the Commons pray that the Statute of Labourers and Artificers made in full Parliament be executed four times for a yeer to come and that the Justices of Peace as well as the Justices of Labourers may be removed in case that any will complain of them for the profit of the King and of the Commons To which is answered The King willeth it 50 E. 3. rot Parl. n. 83. To our most excellent and most redoubted Lord the King and his Counsell sheweth the poor Commons of the Land that because the Sheriffs and Vnder-Sheriffs and Keepers of Goals are now and of long time have been Justices of Peace and often times cause loyall people of the Country to be indicted before them through malice and envy for to reap their own gain as for to make a fine for the entry into the Goal afterward for suit of prison and after that for Bail and afterwards for to have an enquest procured for to save their lives and when they are released to make a fine to the Goalers for their Irons and after for their issuing out of the Gate whereof they pray remedy that therefore it would please your most excellent Lordship for God's sake and as a work of charity to ordain that from this day forwards no Sheriff nor under-Sheriff nor Keepers of Goals shall be a Iustice of Peace nor no Commission directed to them in their County but in their proper Office To which was answered That it pleased well the King There are some a other Acts and Petitions of Parliament concerning Justices of Peace besides these here cited exant in the Parliament Rolls but being of lesser moment then and for the most part agreeing in substance with the former I shall pretermit them with other unprinted Lawes and Petitions concerning Justices of Assize Oyer and Terminer as 22 E. 3. n. 6. 25 E. 3. n. 11. 2 R. 2. Parl. 1. n. 35. 6 R. 2. Parl. 1. n. 38 39 40 41. 50 E. 3. n. 65 69 213. 25 E. 3. Parl. 1. 8 E. 3. n. 6 10. 29 E. 3. n. 27 28. rot Parl. n. 17. 10 R. 2. n. 12. 6 R. 2. n. 41 48. Only from the premised Acts and Records I shall briefly deduce these observations and conclusions First that the institution of discreet valiant able and active Justices of Peace in every County of the Realm in the judgement of our ancient Princes Nobles Peers Knights and Commons assembled in Parliament hath been alwayes resolved and enacted to be the most probable prevalent and succesfull means to suppresse all publike Malefactors of all sorts to reform and redresse all publike oppressions grievances disorders and mischiefs in the Common-wealth to settle all distractions and to restore and preserve the peace and tranquility of the Kingdom Secondly that Justices of the peace in former times have frequently been nominated and appointed by the Knights Commons and Lords in Parliament by the Kings assent as well as by the King his Counsel Chancellour and Treasurer that such Parliamentary nominations and elections have usually been best and most beneficiall to the Common-wealth and that the constituting of able and active Justices of Peace hath been one principall end of ancient Parliaments convening Thirdly that none are fit to be Justices of Peace but such as are both a discreet and valiant and somewhat skilfull in the Laws of the Land which they are both to execute maintain and be regulated by in all their proceedings as well as landed and wealthy wisdom and discretion without b courage courage without wisdom and discretion wisdom discretion and courage without knowledge of and in the Lawes which must regulate all these and all or each of these without some competency of Estare to keep men from corruption c bribery oppression and basenesse being unable singly of themselves to qualifie any man to be an exact Justice but when they all concenter in one that man if really endowed with the grace and d fear of God and no other will prove a compleat Justice and such a one as these Statutes and Petitions require Fourthly that no Sheriff under Sheriff Coroner Keeper of a Goal or Prison Retainer or Servant to great men or person of mean fortune and quality disabled by the forecited Petitions and Statutes upon very good grounds ought to be put into Commissions of the Peace whiles they contitinue such to prevent extortion bribery and oppression of the People Fiftly that Justices of the Peace once put into Commission especially by publike nomination of the Knights and Commons of Counties in Parliament ought not to be removed nor put out of Commission upon any private suggestions whatsoever without speciall command of the King or his Counsell and that upon e just grounds or some reall misdemeanour or reasonable cause duly proved and testified by their companions and fellow-Justices it being against all the rules and principles of Justice Law Honour Conscience the expresse known fundamentall Lawes and Statutes of the Realm and the highest kinde of arbitrary Tyranny to put any Gentleman out of Commission upon malicions clandestine surmises behinde his back without ever hearing or summoning him to vindicate his own innocency or make his just defence against such clandestine unsatisfactory informations though a thing too commonly practized by unworthy malicious self-ended spirits even in these reforming times which so much declaim against arbitrary Government And in these and other Statutes and Petitions I finde onely these causes of uncommissioning and outing any Justices of Peace First f inability and insufficiency in point of skill wisdom discretion courage knowledge of the Law or Estate Secondly g corruption misdemeanour or h negligence in the discharge of this publike office of trust Thirdly i Retienorship or particular engagements to great persons which may overbyas Justices to oppresse and injure the people to pleasure those Grandees on whom they have their chief dependance Fourthly k age or infirmity of body to discharge this trust Fiftly l removing from non-refidence in or being made Sheriff Goaler c. of the County where they are in Commission therefore if any man be indirectly put
5 H. 4. c. 2 to 15. 6 H. 4. c. 1 2 3 4. 6 H. 4. c. 2 to 18. 9 H. 4. c. 2 to 8. 11 H. 4. c. 1 to 9. 13 H. 4. c. 3 4 5 6 7. 1 H. 5. c. 1 to 11. 2 H. 5. c. 1 to 10. 3 H. 5. parl. 2. c. 3 to 9. 4 H. 5. c. 4 5 6. 8 H. 5. c. 2 3. 9 H. 5. c. 2 3 to 13. 9 H. 5. Parl. 2. c. 1 2 7 9 10. 1 H. 6. c. 1 to 6. 2 H. 6. c. 2 to 15. 3 H. 6. c. 1 to 6 4 H 6. c. 2 3 6. 6 H. 6. c. 1 to 6. 8 H. 6. c. 1 to 30. 9 H. 6. c. 2 to 11. 10 H. 6. c. 2 to 8. And to cite no more in so plain a case almost every Statute since 10 H. 6. till this very day retains this very form of words It is or Be it ordained c. from whence the word Ordinance is derived And therefore Acts and Ordinances of Parliament in proper speech and use must necessarily be one and the same the word b ORDINARI and no other word of enacting Laws but it being used and inserted into the very Writs of Elections and Summons to the Parliament as I have formerly observed the cause it is so frequent and still retained in our Statutes and Acts of Parliament till this very day Finally if all these authorities and reasons from our own printed Statutes be not sufficient to prove Statutes and Ordinances of Parliament in all former times both one and the same I shall unanswerably evince and cleer it by divine Authorities out of the unerring word of truth which resolves AN ORDINANCE LAW STATUTE to be all one couples ORDINANCES AND LAWES usually together as one takes them promiscuously one for another and useth the word ORDAIN as the proper term in enacting divine as well as humane Lawes as these 〈◊〉 Texts will manifest which those who desire satisfaction herein may peruse at their leisure Exodus 12. 14 24 43. chap. 13. 10. chap. 15. 25 chap. 18. 20. Leviticus 18. 3 4 30. chap. 22. 9. Numbers 9. 12 14 chap. 10. 8. chap. 15. 15. chap. 18. 8. chap. 19. 2. Joshua 24. 25. 1 ●am. 30. 25. 2 Chron. 2. 4. chap. 33. 8. chap. 35. 13 25. 2 Kings 17. 34 37 Ezra 3. 10. Nehemiah 9. 32. Job 38. 33. Psalm 99. 7. 119. 91 Isaiah 24. 5. chap. 52. 8. chap. 58. 2. Jeremiah 31. 35 36. chap. 33. 25 Ezekiel 11. 20. chap. 43. 11 18. chap. 44. 5. chap. 45. 14. chap. 46. 14 Malachi 3. 7 14. Luke 1. 6. Romanes 13. 2. 1 Cor. 11. 2. Ephestans 2. 15. Colossians 2. 14 20. Hebrews 9. 1 10. 1 Peter 2. 13. Numbers 28. 6. 1 Kings 12. 32 33. 2 Chron. 23. 18. Esther 9. 27. Psalm 81 5. Daniel 2. 24. Acts 16. 4. Romanes 7. 10. chap. 13. 1. Galathians 3. 19. 1 Cor. 7. 17. Hebrews 9. 6. compared together I have taken thus much pains in an untrodden path to prove Statutes Acts and Ordinances of Parliament to be always anciently really one and the self-same made by consent of the King Lords and Commons joyntly not of Lords and Commons alone without the King or by King Commons without the Lords not any wayes to invalid or impeach any late good and absolutely necessary Ordinances of Parliament which the exegences of our unhappy distracted times have enforced the houses to passe without the King's consent being absent from and in Arms against them for their own and the a Kingdoms preservation or any Ordinances for the necessary reformation or punishment of any generall grievances or abuses according to Law or preventing any publike mischiefs in a regular manner by way of Declaration or assisting of the common Law Salus populi Reipublicae being suprema Lex and extraordinary Remedies to be prescribed by the Houses in such extraordinary cases and exigencies when ordinary can finde no place at all but for these ensuing reasons First to refute the commonly received errour of these times and of some pretended Grandees of the Law That Acts and Ordinances of Parliament in former ages were distinct and different things not one and the same and that the royall assent was then held onely necessary to Acts but not to Ordinances of Parliament for which there is not any one single pregnant convincing president extant to my knowledge in any Parliament Rolls or printed Acts which errour hath been principally propagated by Sir Edw. Cooks venerable authority and assertion in his 4 Instit. p. 25. whose misallegations and mistakes are too frequently embraced for Oracles of truth for want of due examination Secondly to abate the excessive fees now taken by Officers in both Houses of Parliament for private Ordinances as high or higher for the most part as the ancient or late Fees for private Acts of Parliament which had the Royall assent a great grievance and oppression to the Subject generally complained of fit to be examined and redressed in these reforming times when private Ordinances and exactions for them are so frequent without any president in former Parliaments to warrant such new excessive Fees Thirdly to perswade and induce the Members of both Houses of Parliament not to multiply these new kind of Parliamentary Ordinances destitute of Royall assent and the peoples generall approbation in full Parliament to the impeachment or infringement of any ancient Ordinances still in force the Statutes or common Law of the Realm the invasion of the peoples undoubted Liberties Rights or Proprieties which they have so long fought for and dearly purchafed with the expence of so much treasure and blood or to the inveagling of the consciences of Judges or Lawyers contrary to their Oaths and Duties Fourthly to advise both Houses to turn all their former and future necessary usefull Ordinances into Acts of Parliament and to presse the King's Royall assent to them in their expected approaching personall Treaty with his Majesty for the greater indemnity and security of those who have acted on or received or enjoy any monies lands offices or emoluments by them to avoyd all questions and scruples in succeeding Parliaments and Ages Fiftly to admonish Committees of all sorts not to rack or strain any new Ordinances wanting the threefold assent especially such as are penall beyond their Letter or true intention to the Subjects oppression who had many times no legall notice of them an int●lerable common grievance contrary to the ordinary rules of justice and the Houses primitive purposes on whom sundry Committees and their under-Officers extravagancies in this kind have drawn much hatred and scandall the sad effects whereof begin now visibly to appear in the late insurrections and distempers of the people in sundry Counties and hatred of Committee-men which will hardly be cordially pacified or allayed but by the speedy suppression of all such arbitrary lawlesse Committees and Officers and calling them to a strict and just accompt both for their