Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	bishop_n	emperor_n	king_n	2,890	5	4.1642	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61094	Reliquiæ Spelmannianæ the posthumous works of Sir Henry Spelman, Kt., relating to the laws and antiquities of England : publish'd from the original manuscripts : with the life of the author.	Spelman, Henry, Sir, 1564?-1641.; Gibson, Edmund, 1669-1748.	1698 (1698)	Wing S4930; ESTC R22617	259,395	258

that none should be put to further trouble unless the King 's own necessity or the common good of the Kingdom required it Therefore the Bishops Earls Sheriffs Heretoches or Marshals of Armies Trithingreves Leidgreves Lieutenants Hundredors Aldermen Magistrates Reves Barons Vavasors Thungreves and other Lords of land must be all diligently attending at these Assemblies lest that the lewdness of offenders the misdemeanor Gravionum i. of Sheriffs and the ordinary corruption of Judges escaping unpunished make a miserable spoil of the people First let the laws of true Christianity which we call the Ecclesiastical be fully executed with due satisfaction then let the pleas concerning the King be dealt with and lastly those between party and party and whomsoever the Church-Synod shall find at variance let them either make an accord between them in love or sequester them by their sentence of excommunication c. Whereby it appeareth that Ecclesiastical causes were at that time under the cognizance of this Court But I take them to be such Ecclesiastical causes as were grounded upon the Ecclesiastical laws made by the Kings themselves for the government of the Church for many such there were almost in every King's time and not for matters rising out of the Roman Canons which haply were determinable only before the Bishop and his Ministers To proceed Before they entered into any causes as it is commanded in the Laws of Canutus which we mentioned par 2. ca. 17. the Bishop to use the term of our time which from hence taketh the original gave a solemn charge unto the people touching Ecclesiastical matters opening unto them the rights and reverence of the Church and their duty therein towards God and the King according to the word of God and Divinity Then the Alderman in like manner related unto them the Laws of the land and their duty towards God the King and Common-wealth according to the rule and tenure thereof Of all which because I find a notable precedent in a Synodal Edict made by Carolus Calvus Emperour and King of France in Concil Carissiaco An. Dom. 856. I will here add it not to shew that our Saxons took their form of government from the French but that both the French and they as brethren descending from one parent the German kept the rights and laws of their natural Country Episcopi quinque in suis parochiis Missi in illorum Missaticis Comitesque in eorum Comitatibus pariter placita teneant quo omnes Reipub. Ministri Vassi Dominici omnesque quicunque vel quorumcunque homines in iisdem parochiis Comitatibus sine ulla personaram acceptione excusatione aut dilatione conveniant c. That is The Bishops in their parishes or Diocesses and the Justices Itinerant or Aldermen in their Circuits and the Earls in their Counties shall hold their pleas together whereunto all Ministers and Officers of the Common-wealth all the King's Barons and all other whatsoever they be or whose Tenants soever they be within the same parishes or Counties without any respect of persons excuse or delay shall assemble together And the Bishop of that parish or Diocess having briefly noted sentences touching the matter out of the Evangelists Apostles and Prophets shall read them to the people and also the decrees Apostolick and Canons of the Church and in open and plain terms shall instruct them all what manner and how great a sin it is to violate or spoil the Church and what and how great pennance and what merciless and severe punishment it requireth with other accustomed necessary and profitable admonishments The Aldermen also or Justices shall note down such sentences of law as they call to mind and shall publish unto them the Constitutions of us and our predecessors Kings and Emperours gathered together touching this matter And the Bishops by the Authority of God and the Apostles and the Aldermen or Justices and Earls under the penalty of the King's Laws shall with all the care they can prohibit every man of the Kingdom from making any prey or spoil of the Church c. OF PARLIAMENTS WHEN States are departed from their original Constitution and that original by tract of time worn out of memory the succeeding Ages viewing what is past by the present conceive the former to have been like to that they live in and framing thereupon erroneous propositions do likewise make thereon erroneous inferences and Conclusions I would not pry too boldly into this ark of secrets but having seen more Parliaments miscarry yea suffer shipwrack within these sixteen years past than in many hundred heretofore I desire for my understanding's sake to take a view of the beginning and nature of Parliaments not meddling with them of our time which may displease both Court and Country but with those of old which now are like the siege of Troy matters only of story and discourse Because none shall go beyond me in this argument I will begin with the foundation of Kingdoms which of necessity must be more ancient than Parliaments for that a Parliament is the grand Council of the Kingdom assembled at the commandment of the King for advice in matters of State Our first labour is then to see what this Grand-Council was originally It is confest on all hands that the King is universal Lord of his whole Territories and that no man possesseth any part thereof but deriv'd from him either mediately or immediately This derivation thus proceeded The King in the beginning divided his whole territory into two parts one to be manured by his own Tenants and Husbandmen then call'd Socmen For the Kings of England us'd in those days to stock their grounds themselves like the Kings of Israel and by the profits thereof especially to maintain their Hospitality their Court and Estate having in every Mannour Officers and Servants for that purpose This part was Sacrum Patrimonium the inseperable inheritance of the Crown call'd in Doomsday Terra Regis and in Law the Ancient Demaine And because it belong'd to the husbandry of the King all that manur'd or held any part of this land were said to be Tenants in Socage and might not be drawn into the wars of which nature as touching their Tenure they continue at this day The other part of his whole territory he portioned out to Military men which tho' the other was the more profitable yet this was always held for the more honourable and therefore so divided this among his Nobles and chief servants and followers for supportation in his wars and Royal Estate To some in greater measure to others in less according to their merit and qualities Provinces to Dukes Counties to Earls Castles and Signiories unto Barons rendring unto him not ex pacto vel condicto for that was but cautela superabundans but of common right and by the Law of Nations for so I may term the Feodal-law then to be in our Western Orb all Feodal duties and services due from the Donees and their

to all these was the Tenant by Knights-service ty'd by his oath of Fealty swearing to be feal and leal As the oath was at those times interpreted as well by Divines and Canonists as by Feodists and Lawyers And as these were inherent to this Tenure of Common right so was there many other grievous exactions impos'd by the Lords upon their Tenants some by custom of the Mannour some by Composition upon granting the Fee and many by Signioral Authority as tho' the Lord besides his Legal Power might do some things like the King by Prerogative By Custom when the Lord or Lady came into the Mannour the Bailiff was to present them 18 oras denar and every of their servants 10s. with some summs of mony as gratuities ut essent laeti animo That the Tenants should pay 32d. for every daughter they married It was an ordinary custom that Lords might take not only of their Tenants but of all the Country thereabout Victuals and all other necessaries for furnishing their Castles which how grievous it was may well enough be conceiv'd tho' the Statute that restrain'd it did not testifie it So other Lords took provision for their houshold and hospitality within their Mannours By Composition as to have their Tenants attend them with horse and man in their journies whom they call'd Road-knights To present them yearly at times Horses Hawks and other things of profit and pleasure By Signioral Authority as to lye and feast themselves and followers call'd Coshering at their Tenants houses and when any matter of extraordinary charge fell upon them then to extort the same amongst their Tenants which the Irish about fourty years since of my own knowledge still continu'd calling it Cuttings according to our old word Tallagium But among us it was taken away by the Magna Charta of King John I speak not of the innumerable Carriages Angaries and Vexations with which they otherwise harrowed if not plagued their Tenants Yet must I not let that pass which every where was then in use for Lords of Castles to imprison men at pleasure to hold and keep distresses there against common justice and to do many outrages all about them Wherein the Lords of Mannours imitating them would also imprison their Tenants and followers which Custom I saw also yet not laid down in Ireland fourty years since For a Meane-Lord would ordinarily say upon offence taken against a Churle c. Take him and put him in bolts But let Matthew Paris who liv'd long after many of these oppressions were abolish'd tell you the fashions of those times Every Lord having this authority over his Tenant the Superiour as comprehending them all and holding in Capite was tyed to the King to see all under his tenure to be of good Government good behaviour and forth-coming whensoever they should be demanded to answer any misdemeanour This appeareth by the Laws of Edward the Confessor where it is said Archiepiscopi Episcopi Comites Barones omnes qui habuerint Sacam Socam c. milites proprios servientes sc dapiferos pincernas c. sub suo friburgo habeant That is sub sua fide-jussione de se bene gerendo By reason whereof whatsoever those their Lords agreed or disagreed unto in matters of the State and Common-wealth it did bind every of them their inferiors Unto whom they themselves might then also appoint Laws and Ordinances in their own Courts And this is that which Tacitus affirmeth to have been the ancient manner of the Germans our Ancestors Agricolis suis jus dicere where under the word Agricolis he intendeth all them whom we call Tenants Hence then it comes to pass that in making Laws of the Kingdom the common people were not consulted with but only the Barons and those which held in Capite who then were call'd Consilium Regni And the common people being as I said by way of tenure under one or other of them did then by him that was their chief Lord as by their Tribune or Procurator and as now by the Knights of the Shire consent or dissent in Law-making and are not therefore nam'd in the title of any ancient Law Look Doomsday-book and there ye shall see the whole Kingdom divided only among the Barons and great Persons and the whole Commons of the Kingdom distributed and plac'd under some of them tho' not by name yet by number in their several qualities Let us then see how the practice of those ancient ages agreed with this Theoreme King Ina made his Laws by the advice of Kenred his father and as he saith himself Heddis Erkenwaldi Episcoporum meorum omnium Aldermannorum i. e. Procerum meorum seniorum sapientum Regni mei multa aggregatione servorum Dei which is of Church-men as I take it Alured briefly Consilio sapientum meorum Edward the Elder proposeth his Laws not as Senatus-consultum but as Edictum Principis viz. Ego Edouardus Rex iis omnibus qui Reipub. praesunt etiam atque etiam mando ut c. And after by the absolute words Praecipio Statuimus Volo Yet those wherein he and Guthrun the Dane joyned are call'd Senatus-consulta Ethelstane made his Ex prudenti Vlfhelmae Archiepiscopi aliorumque Episcoporum suorum consilio nec-non omnium Optimatum sapientum mandato suo congregatorum Edmund in a great Assembly Tam Ecclesiasticorum quàm Laicorum cui interfuerunt Oda Wulstanus Archiep. plurimique alii Episcopi Edgar In frequenti sapientum Senatu Ethelred In sapientum Concilio Canuius saith Sapientum adhibito Consilio per omnem Angliam observari praecipio As for Edward the Confessor his Laws come not to us as they were composed by himself but as the Paragraphs of them were collected by the Conqueror and augmented afterward In which collection there is no mention made of the manner of their Institution But reciting of a passage of St. Austens touching Tithes it is spoken as of former time that Haec concessa sunt à Rege Baronibus populo meaning the several kinds of Tithes there mention'd But whether these words extend to a concession of them by Parlament as we now call it or by a voluntary contribution of them yeilded unto by the King the Barons and the people according to the Canons of the Church I leave to others to determine To come to times of the Conquerour wherein Novus seclorum nascitur ordo and from whence as from a new period we must now take all our projections The great establishment of his own and of Edward the Confessor's Laws is said in the title to be that which Gulielmus Rex Anglorum cum Principibus suis constituit post conquisitionem Angliae Other Authors instead of Principibus have Barones And tho' all his Laws for the most part were ordain'd by his Charter in his own name only yet they seem to be made by the

* Sceorp vestitus apparatus Somn. The three services upon Lands 2 Conc. Brit. sub An. 1009. p. 520. 3 al. 9. Triremem 1 Con. Brit. p. ... 2 P. 227. 3 P. 256. 4 P. 349. 5 P. 433. 〈…〉 not subject to 〈…〉 6 P. 29. 7 Lib. 2. Tit. 27. p. 166. Eadwigus Edgarus Ethelredus 1 MS. Mon. de Hyde sub tit R. Ethelredi 2 Sic Ed. Conf. in chart fact Orco Minist 7. 〈◊〉 1 MS de Abb. ub Chart. 2. Edward Confess Edgar 2 Lib. MS. ejusd Monast sub Tit. Edgar Chart. ult Thane has no direct relation to war No mention of tenere c. What us'd instead of Tenere The occasion of granting Thane-lands Thane-lands alienated Thane-lands devised by Will 〈…〉 g●●nted to Women 〈…〉 upon Thane-lands but what was expressed Expedition repairing of 〈…〉 1 Ingul● p. 851 852. 1 Conc. Brit. in An. 855. ex Ingulf Malmesb. al. Thane-lands disposed of at the pleasure of the owner Thane-land charg'd with a rent 1 Pag. 35. 2 Pag. 36. 3 Ma●●● 1● 33. 4 Pag. 33. 5 Pag. 36 37. 6 Pag. 33. 7 Pag. 36 37. Profits by Wardship Chap. 8. The name Wardship Mr. Selden's judgement 1 P. 37. Sect 160. 2 Par 11. cap. 8. p. 301. Lambards opinion 3 P. 123 124. 4 Lib. intrat Tit. Challing fol. 1156. Magna Charta 5 p. 37 1 Pag. 571. 2 P. 584. 3 Fol. 148. Wardship in Scotland 4 Pag. 38. 5 P. 38. Hector Boethius Th● auth●ri●y of 〈…〉 1 Fol. 112. a. 2 Lib. 7. f. 75. b. The agreement of the English and Scotch Laws Marriage of Wards 2 Kings 2. 21. When marriages came in 〈◊〉 marriage 1 Art 228. 2 Cap. 6. Praerog Reg. cap. 3 No Reliefs among the Saxons 1 Pag. 36. 37. Medmena mediocris Releviamentum Heriots and Reliefs 1 Bracton fol 84. ● 1 Bracton fol. 84. a. num 1. 2 Verb. Feudal 3 Fol. 85. n. 8. Fines for licence of alienation Folcland 1 〈◊〉 Kent T●● M●pham Feodal homage 2 Coke Instit par 1. Sect. 85. fol. 64. ● Homage two-fold Neither Bocland nor Folcland subject to homage 1 Tenures lib. 2. Cap. 1. §. 90. 2 Norf. Terra Will. Ep. Terra Fid. fil Spirawi● All oath● not fealty 3 Germ. §. 46. No Fealty but for a Fee 〈…〉 1 〈◊〉 in Lib. 1. pag. 7. Summons in the Empire 2 Gunter de Gest Freder I. Lib. 2 p 301. 1 Cannt Ll. ca. 10. 2 Cannt Ll. ca. 12. 13. 3 Ibid. ca. 69. Escheats Canutus's Law examin'd Thane-lands 1 〈…〉 p. 34. Reveland 2 〈…〉 3 Pag. 25. l. 2. Coke's citation false Sense of Doomsday Tempore Edwardi Regis The French Custumary 〈…〉 Personal 〈◊〉 Praedial 〈◊〉 Alodial ●●●●ice Beneficiary services Colonical 〈◊〉 The import of the Charter * Or Fee granted 1 Lib. de Fend Cap. 1. p. 8. Prov. 17. 2 1 Nat. br dr●it case 13. D. Bracton Black book of the Exchequer Hydes disus'd 1 Can. Apost ca 38 2 Archi●pis super 12 Epis● Greg. Angu Bed So a Du●g 12. Com. 1 Ll. Edgar cap. 5. 2 Ll. H. I. cap. 9. * 〈…〉 cum 1 Ll. Edw. senior ca. ult * H●r● is 〈…〉 it 〈…〉 that 〈◊〉 comes 〈◊〉 ●●●ms 〈…〉 from 〈…〉 1 〈◊〉 Fran. ca. 27. p. 216. 2 Ll. Edw. Conf. cap. 17. 3 De tene●d Comitatib 4 Ll. Hen. I. cap. 8. 5 〈…〉 c. 8. 〈◊〉 4. 1 Lit. Lib. 2. ca. 1. 2 Cujac Const Lot Feud pa. 284. 3 〈◊〉 Cujac lib. 2. Feud Tit. 7. pa. 133. 4 Cujac ibid. 5 Epist Fulberti Epist Canot Can. 12. q. 5. 1 Doomsd Heref Lene 2 Plac. Coron R. de Banco 3 Bracton * There is space 〈…〉 Quotat●●n in the ●rigina● but what p●ace in Mat. Paris he refers to I know not 1 Circ An. 700. Ll. Inae Praef. 2 Circ 880. in Praef. 3 Circ 910. Ll. Praef. ca. 1. 7. 4 Praef. Foed 5 Circ 930. in Praef. Ll. Epil 6 Cir. 940. Ll. Praef. 7 Circ 970. in Praef. 8 Circ 1000. in Praef. 9 Circ 1025. in Praef. Ll. politic 1 Eadm Will. II. p. 26. 2 Lib. 11. pa. 188. 3 Lib. 5. pa. 117. 4 In An. 1116. 5 W. Nubrig Malmesb. Rad. Nig. Sim. Dun. Rad. de Dicet Mat. Par. Mat. West Ran. Cestr Tho. Walsingh 1 Viz. 〈◊〉 redimendum personam Regis ad fil●um prim●genitum militem faciendum ad filiam primogenitum semel maritand●● 2 Hottom Francog ca. 27. 1 Co●e Report in Epist 2 Ad l. 2. Cod. de Legat. l. 10. 3 Fra●●ogal ca. 27. p. 15. 4 Ad e●nd L. 1 Deinde constituit Gulielmus Conquestor ut quatuor quotanis c. Lib. 1. p. 154. l. 16. c. 2 Lib. 10. cap. 1. 21. Lib. 3. Tract 2. cap. 28. nu 1. 〈…〉 〈…〉 1 〈…〉 had about six m●re or l●ss of them so called because on them the Prytanean Magistrates might hold Court 2 So called 〈…〉 where their business was to sit only on things inanimate as when a piece of stone timber or iron c. ●ell ●n a man ●f the 〈◊〉 that ●●●ng it were not known sentence was past on that thing which s●ew him and the Masters of this Court 〈…〉 see that thing cast out of the Territories of Athens See the Attick Antiq. l. 3. Ch. 3 sect 4. 3 The m●nth February 〈◊〉 as others would have it March when Sacrifices were most usually offer'd to the Goddess Diana 〈…〉 cognomen Diana quod est jaculis cervos figens 〈…〉 4 De bello Gallico lib. 6. 5 Hist C●●b p 54. * De Rep. Angl. Lib. 3. Lib. 3. 1 Capit. Car. Lud. Can. 245. 2 L. Solis 13. Cod. Theod. de Exact 3 Caus 15 quaest 4. C. 1. 4 Lib. 6. Cap. 245 ● Benedict Levita 5 Bin. Tom. 3. Part 1. p. 616. 1 Concil Tom. 3. p. 1056. 2 Can. 15. quaest 4. 3 al. Septuagesima 4 Lib. 12. c. 20. 5 Can. 22. q. 5. Ca. 17. 6 Can. 15. q. 4. Ca. 1. 7 Fif þeoƿ mon ƿyrce on sunnan daeg be his hlafordes haese sy he freo If a Servant work on Sunday by his Master's command let him be made free c. Legum Cap. 4 Of Edw. the Elder and Guthrun 8 Legum Cap. 39. 1 Leg. Alur cap. 39. The Synod of Eanham 2 'T was held between the years 1006. and 1013. See the Author's Con. Britan. Tom. 1. pag. 510. 3 The word Synod here signifies more than Council not as 't is usaally restrained to that of the Clergy 〈◊〉 4 Concil Eanham Can. 15. 5 Can. 16. 6 Can. 17. 7 Can. 18. 〈◊〉 leg Cap. 17. * Matth. 9. 15. Mar. 2. 19. 1 Leges Edw. Conf. cap. 9. 2 Sect. 2. 1 In Hen. II. pag. 600. 2 Lamb. exord Ll. Gul●el Cod. MS. 3 In descrip Norman 4 Custum Cap. 80. 5 Lib. 4. c. 1. Lib. 14 c. 1. 2. 6 Lib. 2. c. 31. Ll. Edw. Conf. c. 9. 7 Gloss Can. 33. q. 4. ca. Non oportet