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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

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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
might not be put off to shew cause from day to day which rather increaseth trouble and charges than either furthereth the suit for the hearing or benefits the parties in their cause Which thing whether it might be more couvenient than the present manner of motions I will leave to the judgement of such as have more wisdom to devise and power to execute And will sum up the rest of our Courts and make an end The Court of the Dutchy or County Palatine of Lancaster which is by a late Act of Parliament committed to the custody of a Commissioner grew out of the grant of King Edward the third The Court formerly called The Dutchy Court the jurisdiction whereof is now committed to a Commissioner or Commissioners County Palatine of Lanc. erected in Parliament 50 E. 3. and Iustices of Assises Gaole delivery and of the Peace have been since the erection of it Cook lib. 4. f. 204. 205. who first gave that Dutchie to his Son John of Gaunt and endowed it with such royall rights as the County Palatine of Chester had And forasmuch as it was afterward extincted in the person of King Henry the 4th by reason of the union of it with the Crown of the Realm the same King knowing himself more rightfully Duke of Lancaster then King of England determined to save his right in the Dutchy whatsoever should befall the Kingdom And therefore he separateth his Dutchy from the Crown and setleth it so in the naturall persons of himself and his heirs as if he had been no King or Pollitique Body at all in which manner it indured during the reign of King Henry the first and of King Henry the 6th that were descended of him But when King Edward the 4th had by recovery of the Crown recontinued the right of the House of York he feared not to appropriate that Dutchie to the Crown again And yet so as he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the 7th who liking well of that policy of King Henry the fourth by whose right he also obteined the Kingdom made by separation of the Dutchie as he hath done and so left it to his posterity It appeareth in our Books of the Tearms of King Edward the 4th The Star Chamber and the Report of cases happening under the usurpation of Richard the third This Court was in being before 28 E. 3. Cook lib. That sometimes the King and his Counsell And sometimes the Lord Chancellour and other great personages did use to sit Judiciall in the place then and lately called for that it is decked with certain Stats the Star Chamber But forasmuch as be like that Assembly was not ordinary therefore the next King Henry the 7th and his Son Henry the 8th took order by two severall Laws That the Chancellour assisted with others there named should have power to hear complaints against Reteinors Embraceries misdemeanours of Offices and such other offences which through the power and countenance of such as do commit them do lift up the head above other faults and for the which inferiour Judges are not so meet to give correction And because that place was before time dedicated to the like service it hath ever since also been so used untill it was taken away in the late King Charls his reign The Court of Requests The Court of the Requests being of the same nature as I said with the Chancery took beginning by Commission from King Henry the 8. before which time the Masters of the Requests had no warrant of ordinary Jurisdiction This Court had no warrant by act of Parliament or prescription to establ shit Cook lib. 4. fol. 97. but travailed between the Prince and Petitioners by direction from the mouth of the King The same King also established one Court of President and Counsell in the Marches of Wales 34. 35. H. 8. The Court of the Marches of Wales and that of the North parts were taken away in the late K Ch. his reign Anno 17. Car. And another like Court of President and Counsell in the North parts which Court in Wales was a Court of Law in its principall Jurisdiction although it did withall exercise other powers of equity by vertue of other severall Commissions that did accompany the same and the Court of York was in its principall Jurisdiction Equity and did exercise other powers by vertue of other Commissions Court of Wards The Court of Wards began about the 32th year of the reign of King Henry the 8 who also in the next year after added thereto the office of the Masters of the Liveries and withall conjoyned the names ordaining that it should be called The Court of his Wards and Liveries The same King likewise had erected one Court of the generall Surveiours of his Lands and one other of the Augmentations and Revenues of his Crown and a third Court of the first fruits and Tithes of Benefices But all these were afterwards dissolved and by Queen Mary united to the Court of Exchequer Thus having run along these Courts deriving them from the Crown I might proceed yet further to shew the originall and beginnings of some Courts erected by the late Parliament and the nature and beginning of the High Court of Justice that was erected in Westminster Hall Anno 1648. but they being so fresh in the memory of this age I shall not need to make mention thereof FINIS