Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	aforesaid_a	king_n	late_a	2,694	5	8.4023	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94265	Syllogologia; or, An historical discourse of parliaments in their originall before the Conquest, and continuance since. Together with the originall growth, and continuance, of these courts following, viz. [brace] High Court of Chancery, Upper Bench, Common-Pleas, Exchequer, Dutchy, and other inferiour courts now in use in this Commonwealth.	J. S.	1656 (1656)	Wing S93; Thomason E1646_1; ESTC R203463	29,703	88

The beginning of the Parliament there proceedeth a most exquisite consent and delicious melody the begining of vvhich manner of consultation Parliaments holden long before the Conquest Mirror c. 8 sect 2 and namely vvith us of this Realme I see not hovv I can derive it from any other time then from that in vvhich the Germans or English nation did set their first foot on this land to invade vade it for Cornelius Tacitus vvriteth thus nec regibus infinita potestas de minoribus rebus principes consultant de maioribus omnes Neither did they together vvith the change of the soile make change of this their vvonted manner of deliberation for it is yet extant in monuments left behind them The con●●nuance of the Parliament untill the Conquest that after their coming hither they frequented the same order in counselling vvhich they had used in their ovvne countrey before These two Kings are great exemplars of grave wisdom and would not trust their own judgements in a ●●tter of so ●●gh concernment but consulted their wisemen about it knowing that plus vident oculi quam oculus for proofe vvhereof I might call Beda the Saxon historiographer to vvittnesse vvho reporting that the Christian faith tooke roote by little and little amongst them in their particular Kingdomes vvithin this land vvriteth that King Edwyne of Northumberland vvould not embrace the preaching of the Gospell before he had communed and consulted with his freinds and Nobility and Wisemen and that Sigeberth the King of Eastsex being likevvise moved to be baptized did first call a Councell of his subiects and finding them all to favour the motion did then himselfe also assent unto it But because the Synodes or Parliaments themselves be most faithfull witnesses of their owne doings and for that also the kingdome of the west saxons prevailing over the rest and meeting as it were all their crownes to make on for hereselfe did in the end become mistresse or Monarch of the whole Heptarchie or seven Kingdoms into which this Land was first divided I will for a while leave historians and come to the Synodes first shewing by one or two examples what persons were wont to be present at the parliament of that kingdome and then confirming the like to have been used after such time as the whole land was reduced to one entire estate and monarchie Ine the King of Westsex who began his reign about the year of the Incarnation of our Lord Christ 712. begineth his Parliament thus I Ine by Gods guift King of the west Saxons with the advice and teaching of Cenred my father Ireledde my Bishop and Ercenwold my Bishop and with all mine Aldermen and eldest wisemen of my people and also a great assembly of Gods servants was carefull concerning the health of our soules and the establishment of our kingdome c. Now let us see if three estates of Parliament that is to say the King the Nobilitie and Commons may besound here First the Kings name is expresly added the Noblitie is signified under these Bishops and Aldermen for before the division of the Realme into Shires every large Territorie had an Alderman or governor who was after the allotment into shires for the most part an Earle in token whereof all our Earles to this day do beare the name of one shire or other The Commonalty is partly included in the words the Eldest wisemen of my people which betoken the laytie and partly in the words A great assemblie of Gods servants vvhich do notifie the Clergie so called then as it may appeare by the first Chapter of the very same lavves for that they vvere consecrated to Gods service And lest any man should thinke that these estates vvere called together more for their advice and counsell to be given to the king then for any authority or interest that they had in making the lavve the preamble calleth those lavves our dooms or Iudgments And the purveivv saith wee bid or command in the plurall number vvhich also may not be restrained to the King only for honour sake as vvee novv use to speake for he is there named I Ine in the singular only Thus much I note once for all That I be not hereafter troubled to repeat the same thing often About one hundred yeares after the death of this Ine one Aldred a King of the vvest Saxons also as he calleth himselfe but rather King of the English men and Saxons as Asserius saieth that vvrote his life did as he telleth in his preface to his lavves gather together and put in vvriting certain ordinances made by vvise men in sundry Synods of sundry former Kings as namely Ine aforesaid Offa King of middle England and Ethelbert of Kent the first christned Prince of all the Saxon nation vvhich collection of lavves he also saieth that he shevved to all his vvise men and they also thought them meet to be observed but what maketh it to the three estates will some man say that the kings and their wisemen which may well seem to be but their privy Counsellors did establish lawes yes very much for here the word Witena wisemen doth include the Nobilitie and Cōmons because they be Counsellors of the Realme for the time in respect whereof the assemblie of them was of some called Witena Gemote a meeting of the wisemen as I told you And of other it is termed Commune consilium Regni the comon counsell of the Realme and that this must be so understood in this place I will use none other argument then the testimonie of Alfred himselfe drawne out of the same place for he saith as you have heard that the lawes of the King Ine were made by a Synode of wisemen and what those wisemen were you here also understand by the report of King Ine himselfe And the stile of his owne lawes that is to say by the Nobilitie and Comunalty besides the King Furthermore that I lose not another advantage offered me by this authoritie I must also gather hereby That not only the Kings of Northumberland Essex and Westsex used the three estates in making their Lawes but also that they of Kent and middle England maintained the same order for King Alfreds words as you see are one and the same for them all and then consequently their manner was one and the same through all But now that I may at the length leave these heptarchies or petie Kings and passe to the Monarchies and great ones the same Alfred after that the whole nation had yeilded themselves unto him and were shrowded under his protection against the furious storm of the Danish invasion did at one time conclude a peace with Guthrum the King of the Danes the stile whereof beginneth thus This is the peace that King Alfred and King Guthrum and all the wisemen of the English nation have taken c. Loe here you see Ealra Witena Gemote an assemblie of all the wisemen After him Edward called

Assent of the King and of the Lords spirituall and Temporall and of the Commons it is enacted or thus It is enacted by the authority of this present Parliament It is also all one in effect and substance for the words assenteth and enacteth are equivalent in this case 7. H. 7.14 2 H. 7. ●7 as it is holden 7. H. 7.14 2. H. 7.27 whereas otherwise the necessitie of the Assent of all the 3. estates of Parliament is such as without any one of them the rest will lose their labour For it fell out upon a time that the King in Parliament willed that a certain man should be attainted and should lose his hands whereunto the Lords assented But because there was nothing spoken of the Commons it was adjudged by all the Iustices 4. H. 7.18 That this was no Acte that might binde 4. H. 7.18 and therefore the partie was restored Hitherto of the Continuance and Assent of this our first and highest Court This Court of Parliament maketh inlargeth diminisheth abrogateth repealeth and reviveth Lawes statutes c. concerning matters ecclesiasticall capitall criminall common civill martiall maritine c. Cook 1 Inst fol. 110. sect 164. see 4. Inst chap. Parlia ment whereunto after that I shall have added a word or two of the jurisdiction thereof I will proceed to the rest if all judgements as Cicero said be conversant either in the punishment of offences or in the decision of controversies then is the Judgment of our Parliament of as ample authority as the assent of any or all other Courts whatsoever for it declareth the lawes that do bind all persons in all Causes aswell ecclesiasticall as temporall whereof you may see a great many examples in the volume of the old saxon Parliaments how strange a thing so ever the popish Clergie in former times have thought it to be it hath jurisdiction also in such causes which have need of help and for which there is no help by any law already in force And whereon the erronious Judgments of any other Courts must be reversed by a higher authority this Court doth not only reverse the errors of the upper Bench formerly called the Kings Bench which is superior to all other but it may also amend the errors committed by the Parliament it self if any such shall at any time appeare Ecclesiasticall Courts were many in number diverse in nature whereof the Chiefe was the Convocation of the Clergie of the whole nation of England and Wales which was assembled together with the estates of Parliament and it consisted of the Deanes Chapters Archdeacons Procurators of all the Cathedrall Churches the next were the 2. provinciall Synods of Canterbury and of Yorke to the later of the which there were only three Bishopricks subject that is to say Durham Carlisle and Chester and all the rest owed their obedience to the See of Canterbury After those were the generall Courts of the Arch-Bishops of Canterbury that is to say the Consistory or Court of the Arches for Appellations the Court of Audience of the Chancellours Court which was wont to be in the Arch-Bishops house The Commissaries or the Praerogative Court which is now in being for probate of Testaments and the Court of Faculties for dispensations then followed the speciall Courts of this Arch-Bishop namely his Consistory holden by his Commissary at Canterbury for his diocaesse and lastly the Court of those peculiar Deanaries which did belong unto him and do ly in the diocaesses of other Bishopps The other Arch-Bishops and each other Bishop had in his owne Diocesse the Court of his Chancellour and the Court of his Archdeacon or his Officiall But forasmuch as the description of these ecclesiasticall Courts perteineth to another learning I meane to the Civill and Canon Laws by which they were governed and do withall require a double treatise by themselves I will content my self with this bare enumeration of them at this time and bend my labour to the discovery of the Lay or temporall Courts that now have place amongst us Lay Courts were of two sorts The sorts of Lay Courts in antient time at the first only base and high concerning the beginning whereof I read that even as Moses the speciall minister of Justice appointed by God finding himself unable to sustain the burden of deciding all the Controversies of the people Deut. 1. Exod. 18. did set Judges over Tribes Hundreds Fifties and Tenths of the multitude to whom he referred the determination of smaller causes reserving to himself the knowledge of matters that were of greater importance so also that Saxon but Christian King of England Alfred divided his whole Realm of England first into Shires Division of the Realm for juris diction then those shires into Rathes Rapes or Rideings and these again into Wapentakes or Hundreds and lastly those also into Leets Barons or Tything and did withall establish jurisdiction in every of these permitting to the Reeves or Judges of the lower roomes authority of hearing smaller suites granting greater power to the Shiriffs and Aldermen which have charge of greater Assemblyes and detaining to himself the decision of such matters as by just cause of appellation either for Law or equity should be brought unto him This Court of the whole Shire was of two sorts whereof the one then called Scyre-Gemote that is the Assembly of the Shire and now termed the Sheriffs turn was then as now also holden twice in one year And this Court was of like jurisdiction to the Court of the Leet or of the Boroughs or Tything as it was then called The second and the Hundred Court then named Hundre des-Gemote was in those appointed to be holden once in a month at the least and that was of like nature to the County Court which is now kept every month also unto the Court Baron antiently called healgemote and corruptly halymote that is as I said the Court of a Hall or chief place which is now at this day to be kept and maintained once in three weeks if the Lord will so have it I read further more in the Laws of the Saxon King Edgar thus ne Gesece nan man Sone Synz c. Let no man seek to the King in matter of variance unless he cannot find right at home but if that right be too heavy for him then let him seek to the King to have it lightned The very like whereof is to be seen in effect in the Laws of Canutus the Dane sometimes King of this Nation also The hygh Court of justice before the Conquest for Laws and equity Out of which laws I gather four things First that every man had means to use in these base Courts at home in the Countrey for the recovery of his right Secondly Then that no man ought to use it out of the County or to draw his plea from thence without good cause both which things lye plainly in the letter of this Law Thirdly that