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A44754 Some sober inspections made into carriage and consults of the late Long-Parliament whereby occasion is taken to speak of parliaments in former times, and of Magna Charta, with some reflexes upon government in general.; Som sober inspections made into the cariage and consults of the late Long Parlement Howell, James, 1594?-1666. 1656 (1656) Wing H3117; ESTC R2660 73,993 193

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Knights was framed first the B●rons onely made the Parliament or Commo● Council of the Kingdom Polyander By so many strong evidences and prenant proofs which you produce I find it to be a ●●ridian truth that the Commoners were no part of the High Court of Parliament in ages passed Moreover I find in an ancient Manuscript that the Commons were reduced to a House by the advice of the Bishops to the King in the brunt of the Barons Wars that they might allay and lesson the power of the Peers who bandied so many yeers against the Crown yet to prevent that they should not arrogate too much authority to themselves as Asperius nihil est humili cum surgit in altum it was done with those cautions th●● they had scarce as much jurisdiction given them as a Pyepowders Court hath for they should neither exhibit an oath nor impose fine or inflict punishment upon any but their own members or be a Court of Record or grant Proxies therefore it may well be a quere how they can appoint Committees considering that those Committee-men whom they choose are no other then their Deputies and act by power and proxy from them But it is as cleer as the Sun that the Conquerour first brought this word Parliament with him being a French Word and made it free Denizon of England being not known before for therein the Normans did imitate the Romans whose practise was that wheresoever they conquered they brought in their language with the Lance as a mark of conquest I say that besides those instances you produce I could furnish you with many in the Saxons times who govern'd by the councel of the Prelates and Peers not admitting the Commons to any communication in affairs of State There are records hereof above a thousand yeer old in the Reign of King I a Offa and Ethelbert and the rest of the seven Kings during the Heptarchy They called their great Councels and Conventions then Michael Smoth Michael Gemote and Witenage Mote wherein the King and Nobles with the Bishops onely met and made laws that famous Convention at Gratley by King Athelstan was compose'd onely of Lords spiritual and temporal such also was that so much celebrated Assembly held by Canutus the Dane who was King of England Denmark and Norway Edward the Confessor established all his Laws thus and he was a great Legislator The British Kings also who retain'd a great while some part of this Island unconquered governed and made laws this way by the sole advice of their Nobles whom they call Arglwyded witnesse the famous Laws of Prince Howel called Howel Dha the good King Howel whereof there are yet extant some Welch records and divers of those Laws were made use of at the compilement of Magna Charea But in your discourse before among other Parliaments in Henry the third's time you make mention of one that was held in 55 of his reign at Marlbourough at which time Braston the great Lawyer was in high request being Lord Chief Justice They that would extenuate the Royal Prer●gative insist much upon a speech of his wherein he saith The King hath a Superiour God he hath also the Law by which he is made as also the Court viz. the Earls and Barons but not a word of the Commons But afterwards he doth interpret or rather correct himself when speaking of the King hee resolves thus Nec potest ei necessitatem aliquis imponere quòd injuriam suam corrigat emen●et cùm superiorem non habeat nisi Deum satis erit ei ad poenam quòd Dominum expectet ultorem Nor saith he can any man put a necessity upon the King to correct and amend his injury unlesse he wil himself since he hath no Superior but God It will be sufficient punishment for him to expect the Lord for his avenge To preserve the honour of this great Judge the Lawyers found out this distinction That the King is free from the coer●ive power of Laws and Councellors but he may be subject to their directive power yet according to his own will and inclination that is God can onely compel or command him but the Law and his Courts may onely advise and direct him but I pray Sir excuse me that I have so much interrupted you in your discourse You may please now to proceed Philanglus To prove my assertion further that the Commons were no part of the high Court and Common Councel of England I will make use of the testimony of Mr. Pryn who was in such high repute most part of the late long Parliament and appeared so eage● for the priviledge and power of the lower House In his Book of Treachery and disloyalty he proves that before the Norman Conquest by the Laws of Edward the Confessor the King was to do Justice by the Councel of the Nobles of his Realm he would also prove that the Earls and Barons are above the King and ought to Bridle him when he exorbitates from the law but not a syllable of the Commons He further tels us that the Peers and Prelates have oft translated the Crown from the right Heir whereof out of his great reading he urgeth divers Examples First after King Edgars decease they crowned Edward who was illegitimate and put by Ethelred the right Heir Then they crowned Canutus a meer forraigner in opposition to Edmund the lawful Heir to Ethelred Harold and Hardicanute were both elected Kings successively without just title the Lords putting by Edmund and Alfred the rightful Heirs Upon the death of Herold the English Nobility enacted that none of the Danish blood should raign any more over them Edgar Atheling was rejected by the Lords and though he had the best title yet they elected Harold He goes on further in prejudice of the Commons saying that the beginning of the Charter of Henry the first is observable which runs thus Henry by the Grace of God King of England c. Know ye that by the mercy of God and Common Council of the Barons of the Kingdom I am crowned King Mawd the Empress was the right heir but she was put by the Crown by the Prelates and Barons and Steven Earle of Mortmain who had no good title was heav'd up into the Throne by the Bishops and Peers Lewis of France was Crowned King also by the Barons instead of King John and by the same Barons was uncrowned and sent back to France In all these high transactions and changes Mr. Pryn confesseth the Commoners had nothing to do the despotical and ruling power as well as the consultative being in the Council of Prelates and Peers and if Mr. Pryn could have found halfe so much Antiquity for the Knights Citizens and Bourgesses without question we should have heard from him with a witness but while he converseth with Elder times he meets not with so much as the names of Commoners in any record Polyander How then came the Commoners to sway so much
Some Sober INSPECTIONS Made into the CARRIAGE And CONSVLTS Of the Late Long-Parliament Whereby Occasion is taken to speak of PARLIAMENTS in former Times and of MAGNA CHARTA With some Reflexes upon Government in general Cupio ut rectè Capiar London Printed for Ric. Lownds at the White Lyon in St. Pauls Churchyard near the West-end 1656. To His HIGHNESSE The Lord Protector My Lord AMong the multitude of mighty Atchievements which your Highnesse hath performed so much to the astonishment of Mankind The Dissolving of the late Long Parliament may well deserve to bee rank'd in the numbe For thereby your Highnesse Hercules-like may be said to have quell'd a Monster with many heads such a Monster that was like to Gormandize and Devour the whole Nation as will appear in the ensuing Discourse which though small in Bulk yet the Subject matters is of the greatest Concernment otherwise I had not ventured on so high a Dedication for it treats of the power and practise of English Parliaments in former times with the first Rise of the House of Commons and of Magna Charta c. which will bee found to have had but hard births There was matter enough to have Compil'd a far greater Volumn but I have woon'd it upon a small Bottom in regard that besides my natural hatred to superfluities and circumlocutionss I would not bee so unmannerly as to hold your Highnesse too long who have suca world of high businesses perpetually in your thoughts One thing I humbly promise your Highnesse that the quotations here produc'd whereof there are many are all true and extracted out of Authentick Records but what consequences soever are drawn from them the Judgement is still reserv'd for your Highnesse Endernier ressort There is a memorable saying of Charles Martell in that mighty Revolution in France when hee introduc'd the second Race of Kings That in the pursuit of all his actions he used to say that He followed not the Ambition of his Heart as much as the Inspirations of his Soul and the designs of Providence This may be applied to your Highnesse in the Conduct of your great Affairs and admirable successes So craving pardon for this high presumption and the boldnesse of the Subject for which I humbly beg your protection I rest in the lowliest posture of obedience At your Highness command I. H. To the Knowing READER Touching The Method of this Discourse THere are various wayes for the conveyance of knowledge to the understanding and to distil it by degrees into the Cels of humane brain It may be done either by a down-right Narration and continued Discourse or by Allegories Emblemes and Parables Or by way of Dialogue Interlocutions and Conference The first is the Easiest and most Usual way The second is the most Ingenious and Difficult The last the most Familiar and Satisfactory When one doth not onely inform but remove and answer all objections and quaeries that may intervene all along in the pursuit of the matter It is the mode and method of this Treatise which discoursing of the affairs of England proceeds by way of Colloquy 'twixt Philanglus and Polyander The first a good Patriot and great lover of the English The other a person who had seen much of the world abroad and studied men as both their names do intimate Conveniunt Rebus Nomina saepe suis I. H. Some Inspections made into the Cariage and Consults of the late long PARLEMENT c. In a Colloquy 'twixt Philanglus and Polyander Gentle Sir Philanglus HOw glad am I to see you so well return'd to England after so long a separation having breath'd air under so many diffe●ing Climes convers'd with Nations of so many differing complexions and made so many hazardous voyages and itinerations both by land and Seas as I understand you have Polyander 'T is true there is a kind of hazzard that hovers over our heads wheresoever we pass in this transitory incertain world the Morning cannot presage what the Evening may produce some odd thing may happen 'twixt the cup and the lip but the danger of forrein travel or peregrination is nothing so great as 't is commonly apprehended one may travell all Europe with as much security and accommodation as any part of England one may goe from Calis to Constantinople as safely as from Bristol to Berwick one may passe from Vienna to Venice from Paris to Prague from Madrid to Magdenburgh as securely as from London to Lancaster or from Saint Davids head to Dover 'T is true that before Negotiation and Commerce made mankind more communic●ble it was an uncouth thing to travel or make removes far from home In this Island not an age since if one were to make a journey from Wales to London much more from London to France it was usual for him to make his last will but now the world growing still more populous and people more sociable by mutua traffique and knowledge of languages the case is altered In my whole ten years travel I thank my Creator I never rancounterd any danger or difficulty but I might have met with the like in England if one observes these three small Imperatiss audi cerne tace hear see and be silent he need no other passeport to travel the world But dear Sir now that I am return'd to breath English air again I hold it one of the best welcomes to find you so well after so long an absence and I embrace you with both my arms giving you a thousand thanks for the fair respects and litteral correspondence you kept with me while I wandered abroad for it was my greatest comfort Philanglus Sir you teach me what I should say to you in this point but truely you should have had a more frequent account of matters here but that of late years it hath been usual to intercept and break up letters which is a baser kind of burglary then to break into ones house or chamber for this may be a plundering onely of some outward pelf or baggage of fortune but he who breaks open one Letters which are the Ideas of the minde as is spoken elsewhere may be said to rifle the very brain and rob one of his most precious thoughts and secret'st possessions But Sir now that I have the happinesse to re-enjoy you what doe they say abroad of these late revolutions in England Polyander They say that the English are a sturdy terrible and stout people that the power and wealth of this Island was never discovered so much before both by Land and Sea that the true stroke of governing this Nation was never hit upon till now Politicians new and old have beaten their brains and shot at rovers in writing of divers sorts of Governments but the wisest of them concur in this opinion that there is no Government more resembling Heaven and more durable upon Earth or that hath any certain principles but Monarchy and such a Monarchy that hath an actual visible Military strength