Selected quad for the lemma: prince_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
prince_n	date_n	king_n	petition_v	90	3	16.4003	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54686	Investigatio jurium antiquorum et rationalium Regni, sive, Monarchiae Angliae in magnis suis conciliis seu Parliamentis. The first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of England under our kings and monarchs, appointed by God, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of God and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the King to be co-ordinate with his Houses of Peers and Commons in Parliament / per Fabianum Philipps.	Philipps, Fabian, 1601-1690.	1686 (1686)	Wing P2007; ESTC R26209	602,058	710

proper for Members of the House of Commons in Parliament may be extended to all that they shall fancy or think to be necessary or suitable to their incroaching humours or designs and may be very great loosers by the bargain if by such a Gross mistake they make all that is or shall be their own proper Estates allowed or given unto them by the bounty and munificence of our Kings and Princes and their Feudal Laws to be Priviledges of Parliament when their Properties and Liberties are not Priviledges of Parliament and all kind of Priviledges are and ought to be subject unto these two grand Rules of Law and may and ought to be forfeitable by a non user or misuer no Praescripton or length of time in such cases being to be made use of against the King and some Corporations as the Burrough of Colchester procured an Exemption from sending Members to the House of Commons in Parliament in regard of their charge of Building or Repairing their Town-walls and New-Castle upon Tyne did the like propter inopiam and charge and trouble to defend themselves against the Scots and Priviledges of Parliament are not nor can with any propriety of Speech Truth Reason or Understanding be called Liberties Properties or Franchises which they that make such a noise with them would be sorry to have so brittle short or uncertain Title in or unto their own Rights in their own Estates Lands or Livelihoods and had better be at the charge to go to School again or fee a Lawyer to instruct or make them understand the difference betwixt Priviledges of Parliament and Priviledges that do no way appertain unto the aforesaid Parliament Priviledges and betwixt Privilegium and Proprium and cannot sure be so vain or foolish as to think that they were Elected by the Peoples Authority and their own and not by the Kings or that after the King hath allowed them a Speaker for otherwise he must be at the trouble to forsake his own proper place Chair of Estate or Throne in the House of Peers and sit in the House of Commons with them and hear their Debates Discourses and Speeches pro aut contra which might have abridged them of their Priviledge of Freedom of Speech granted at his allowance of their Speaker or that by the immediate causing to be carried before that their allowed Speaker in the presence of these many Members of the House of Commons that came to attend him to the King one of his Royal Masses or Maces Crowned usually born before our King as Ensigns of Majesty to attend him during the time of his Speakership at home or abroad in the House of Commons in Parliament or without whether it continue for a short or long time as many of our Parliaments have done with an allowance of five pounds per diem for his House-keeping and Table-provision whereof many of their Members do not seldom partake the Lord Steward of the Kings Houshold having likewise a large Allowance of Expences by the King for his Table to entertain such of the Nobility and others as during the time of Parliament will come to eat with him besides many large Fees in the making of Orders and passing of Bills or Acts of Parliament for Laws Naturalizations c. which could not be legally taken without the Kings Tacit permission the late illegal and unparliamentary way never used in any Kingdom Senate or Republick or in this Kingdom to suffer their Speaker or his Clerks to make a great weekly gain by the Printing and Publishing to be sold at every Sationers or Booksellers Shops and cryed up and down the Streets in London and Westminster by Men Women Girls and Boys all that is or hath been done in the Commons House of Parliament to the no small profit of their Speaker excepted or that when any person not of that House who have not by any supposed Priviledge any Serjeant Lictor Catchpole or Messenger fastes or secures to attend them or any particular Prison allotted unto them who by their Commissions Elections or Trusts reposed in them by their King and Countries may search and never find any power or Authority lodged in them who never were or are any Court of Judicature to Seise Arrest or Imprison any of their Fellow Subjects but since that late Incroachment which hath no older a Date than about the latter end of the Raign of our King James the First who upon his observation of some of their Irregularities jestingly said that the House of Commons in Parliament were an House of Kings it never being intended by those that Elected them or our Kings and Princes that admitted them that they should have or exercise any power to Seise or Imprison or any place or Prison allowed by our Kings as their particular Prison and though it appears that they had in the latter end of the Raign of King Henry 6. a Clerk yet it was by the grants of our Kings by themselves have by the Kings permission appointed Door-keepers but upon any occasion or cause of Imprisonment or punishing any offenders could find no other means Praesident or way unto it than to make use of the Kings Serjeant at Arms attending their Speaker who arresteth and either carrieth them to Prison to the Tower of London which is no Prison appropriate to matters of Parliament either to the House of Peers who are to consult and advise their Soveraign or the House of Commons to Assent and obey the Tower of London being only the Kings Prison for special offenders and more than ordinary safe Custody the Marshallsea for the Courts of Kings-Bench and Marshallsea the Fleet for the most of the Courts in Westminster-Hall that was anciently the Kings House or Palace every County or City in England and Wales and the Court of Admiralty having their particular Prisons appertaining to their Coercive Power subordinate to their King every Prison being alwaies stiled and said to be prisona nostra or prisona domini Regis the Prison for or of the King whereby to restrain offenders of their Liberties and keep them in the Custody of the Law until they can be tryed and give Satisfaction to the Law so as if there were no other cogent arguments or evidences amongst multitudes of those that in our Annals and Records and the whole frame and constitution of our Kingly government to support and justify the Soveraignty thereof that only one of our Kings allowing their Speaker the attendance of one of their Serjeant at Arms with his Mass or Mace as an Ensign of Royal Majesty with a pension for his support and House keeping and an allowance of large Fees as aforesaid might be sufficient to proclaim a most certain Soveraignty and Supremacy in our Kings and Princes and none at all in the House of Commons who may do well to take more heed in their ways and incroaching upon Regal Authority which in the Raigns of King Edward the third and King Richard the 2d

County it was adjudged by the House of Commons to be void because it was against the Tenor and exception of the Writ and that he ought to be Fined In the debate whither the Speaker should send his Warrant to the Clerk of the Crown for the Election of a Burgess it was answered by one of that House and not contradicted that since 26. Eliz. he did ex officio send his Warrant to the Clerk of the Crown who is to certifie the Lord Keeper and so make the Warrant Sr Francis Hastings a member going down the Stairs a Page offering to thrust him was brought to the Barr and committed but was the next day upon the motion of Sr Francis and his submission upon his knees released some of the House moved to send him to a Barbers to have his hair cut because it was too long but others disswaded it as a matter not becoming the gravity of the House Sr Walter Rawleigh declared that the Queen had sold her jewels the money lent her by her Subjects was yet unpaid she had sold much of her Lands spared money out of her own purse and apparell for her peoples sakes and for his own part wished that they would bountifully according to their Estates contribute to her Majesties necessities as they now stand Mr Townsend one of the Members declared in the House of Commons that they were Summoned and called as a grand Jury of the Land though not upon their Oaths yet upon their conscience and was not contradicted Sr Edward Hobby said it was always the custom of the House of Commons to have their Warrant for the Election of a new Member directed by their Speaker to the Clark of the Crown But Sr Francis Hastings said that the Lord Keeper had in private informed him that he had rather have it made to himself then to any inferior Minister Sr Edward Hobby said that the Parliament being the highest Court was to Command all other Courts A bill being brought in for explanation of the Common Law concerning the Queens Letters-patents and certain Monopolies Mr Spicer a Burgess of Warwick said that bill might touch the prerogative Royall which was as he had learned so transcendant as the eye of the Subject may not aspire thereunto and therefore be it far from him that the State and prerogative Royall of the Prince should be tyed by him or the Act of any other Subject Mr Francis Bacon said for the prerogative royall of the Prince for his part he ever allowed it and is such as he hoped should never be discussed the Queen is our Sovereign hath both a restraning and enlarging liberty of her Prerogative that is hath power by her patents to set at liberty things restrained by Statute Law by Non obstante's of Penall Laws or otherwise and by her Prerogative to restrain things that are at liberty as by her Letters-Patents for new inventions license for transportation c. But Mr Speaker pointing to the bill said this is no stranger in this place but a stranger in this vestment the use hath been ever by petition to humble our selves to her Majesty and by petition to desire to have the grievances redressed especially when the remedy toucheth her in Right or Prerogative If her Majesty make a patent or a Monopoly to any of her servants that we must cry out against but if she grants it to a namber of Burgesses or a Corporation that must stand and that forsooth is no Monopoly I say and I say again that we ought not to deal or meddle with or judge of her Majesties Prerogative I wish every man therefore to be carefull of this point Mr Lawrence Hyde said I do owe a duty to God and Loyalty to my Prince I made it the Bill and I think I understand it far be it from this heart of mine to write anything in prejudice or derogation of her Majesties Prerogative Royall and the State Mr Serjeant Harris moved that the Queen might be petitioned by the House in all Humility Mr Francis Moor afterwatds Serjeant Moor said he did know the Queens Prerogative was a thing curious to be dealt with Sr George Moor said We know the power of her Majesty cannot be restrained by any Act why therefore should we thus talk Admit we should make the Statute with a non obstante yet the Queen may grant a Patent with a non obstante to cross it Mr Spicer said He was no Apostate but should stick to his former faith which was that it should be by way of Petition and that a course by Bill would neither be gratum nor tutum Mr Davies said God had given power to absolute Princes which he attributeth to himself Dixi quod Dii estis and as he attributes unto them he hath given unto them Majesty Justice and Mercy Majesty in respect of the Honour that a Subject oweth unto his Prince Justice in respect he can do no Wrong and therefore the Law is in First H. 7. the King cannot commit a disseisin Mercy in respect he giveth leave to his Subjects to right themselves by Law Mr Secretary Cecill said I am a Servant to the Queen and before I would speak or give any consent to a case that should debase her Sovereignty or abridge it I would wish my tongue cut out of my Head I am sure there were Law-Makers before there were Laws if you stand upon Law and dispute her Majesties Prerogative hear what Bracton saith Praerogatium nemo audeat disputare for my own part I like not such courses should be taken and you Mr Speaker should perform the charge which her Majesty gave unto you at the beginning of this Parliament not to receive Bills of this nature for her Majesties ears be open to all our grievances and her hands stretched out to every mans petition All which worthy and dutyfull expressions of duty and Loyalty to their Sovereign were made by Mr Spicer Mr Francis Bacon Sr Robert Cecill Sr George Moor Serjeant Francis Moore Sr Walter Rawleigh and others without any neglect of the good of the publick or the Office of Members of the House of Commons Elected only upon their Princes Writs and Warrants ad faciendum consentiendum to those things which should be by their Soveregn ordained by the advice of the Lords Spirituall and Temporall in Parliament assembled without any question or contradiction made thereupon or calling them to the Bar Imprisoning them in the Tower of London excluding them the House or making them ask pardon upon their knees with other exorbitances which some of their Successors have too often usurped to ask pardon of their fellow Members who did not at all represent those that Elected them who were not wont to call everything that suited not with their fancies to be an Error against the sence or Tyde of the House or to be sent to the prison of the Tower of London none of their prison or under their command or Authority without their

no proper or peculiar Fixation as to other matters cannot in suo genere be of the nature or kind either of Properties or Liberties which are of another sort altogether distinct and separate from them when property if truth and rectified reason be called to Councel signifieth no more nor was amongst learned or common understanding men accepted or taken to be then that Proprium cum suum cuique est separatum a Communitate Ita dictum quod maxime prope est proprie peculiare id quod unius cujusque est maxime prope est quod proprium est Graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ab 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 species Est etiam proprium stabile perpetuum certum semper propinquum omne quod habemus aut mutuum aut proprium est mutuum quod ad tempus habemus nec postmodum Uno naturali nomine homines appellaremur Jure gentium tria genera esse ceperunt liberi his contrarium servi tertium genus qui desierunt esse servi Libertas opponitur servituti libertatem Cicero Paradoxis definit esse potestatem vivendi ut velit noster Florentinus ait esse naturalem facultatem quod cuique facere libet infra quod vi aut Jure prohibetur libertas non privata sed publica res est Martianus ad l. si quis ff de fidei commissi libertas opponitur servituti unde convenire non possunt l. ergo ff de fide libert proprium est suum cujusque diciturque quod non est aliis Commune proprium sive proprietas quod allodium dicitur propterea quod ejus proprietas solido Dominum est neque alteri ejus usu fructus est constitutum Jurisconsulti modo proprietatem solidum modo proprietatem tum usu fructu modo usu fructum proprietati admixtum appellant sit leg franc lib. 1. ca 11. ut unusquisque ab illo beneficio suam familiam nutritare faciat de sua proprietate propriam familiam nutriat si deo dante super se et familiam suam aut in beneficio aut in Alodio Annonam habuerit And the Civil Law that Universal Law of the World under the Sacred and Divine can abundantly inform us that there is amongst the Generations of the Sons of Men not only a directum Dominium but an utile which made that to be rightly said and believed of the Regal or Imperial Authority Dominium in Universis in singulis proprietas For Dominum est Jus et potestas re quaquam tum utendi quam abutendi quatenus Jure Civili permittitur usus fructus dissert a solido Dominio usu frictus est D 〈…〉 m plenum quia cum usu fructus cohaeret proprietas nudum quod et dilectum dici potest cum separatum est ab usu fructus § 2. Instit. Dominium directum et utile Dominii duo esse officia unum disponendi alterum vindicandi per l. in rem aut Bart. in l. 1. de acquirend Dominum And non est nostrum nisi illa quae oripi non possunt And a Feudatory as a 〈◊〉 in Capite immediate or mediate are no otherwise in respect to their Superiors who first gave or created the 〈◊〉 which can be no other than Usufructs or 〈…〉 ding in the first that gave the Lands or 〈…〉 tes 〈◊〉 〈◊〉 homines liberi et legales homines ad nobiles olim sp 〈…〉 nt ist● 〈◊〉 ●●xime eni●● vulgi pars aliqua servitutis specio coercebatur sit ut 〈◊〉 mancipii non liceret qui vero manumissi assecuti liberta●●● Romanis liberti et libertini inferioribus seculis ingenii di 〈…〉 ur Legalis in Jure nostro dicitur qui stat rectus in curia non exlex non utlogatus nec excommunicatus vel infans sed qui in lege postulet postuletur hoc sensu vulgare illua in formulis Juridicis probi et legales homines hinc legalitas pro conditione illiusmodi L. L. Ed. confess de eo an Reus mortis misericordiam ipso tamen malefactor fide jussores de pace legalitate tuenda Sureties for his good behaviour Francus tenens libero tenens qui terras vel praedia a Domino suo libero tenet Ass. de Clarendon Hovedon p. 549. si quis obierit Francus tenens haeredes remanent in tali soisina quali pater suus habuit eo Had. 1193. page 725. venerunt in Angliam nuncii Regis cum literis illius missi ad omnes Archiepiscopos Barones Clericos Francos tenentes And those our late Multipliers of Priviledges of Parliaments may consider that proprietates dictae sunt res immobiles quas quis comparat comparare libertates in L. L. Longobard lib. 3. tit 1. 5. 19. 20. Ubi proprietas mox Alodus dicitur proprietatem adquirere in Libro Chronic. Launsham p. 68. Testamentum Hadonidi Episcopi Caenomanum villani proprietates mea Iscommodiorum quam ta pecunia de Anserina et genitrice sua comparavi i 〈…〉 prietates dicuntur res Dominicae ac propriae respectu eae 〈◊〉 in beneficium tenebantur Tabularum Brivat ca. 33. Cedo aliquid de rebus proprietatis quae mihi per conquestum evenerunt ca. 335. de rebus proprietatis nostrae quae ex attractu mihi obvenerunt Hinckmarus Remensis in Epistola ad Carolum Regem quia ipsi vestri homines et proprietatem et beneficium in Regno vestro et in mea parochia habent tradit Fuldensis lib. 3. trad 30. cum alia quae sibi vel proprietatis Jure vel beneficiali Lege undecunque contingerent filiae suae ubi proprietates opponuntur beneficiis que ad vitam possidebantur et proprium idem quod proprietas Autor Quel datum tibi est de proprio nihil habere Charta Clodovei apud Rover in Reom page 30. tam ex munere nostro quam de paterno ●ut proprio aut de conlato populi seu de quolibet adtracto aliquid auserre pr 〈…〉 at ca. 1. Anno 81● ut omnis liber homo qui 4. ma●sos v 〈…〉 os de proprio sive de alicujus beneficio habet Charta Lotharii Imp. apud Bessuim p. 260. curtes duas cum suis appendiciis nostris dar●mus praecepto et duos quod Alodes nuncupant ejusdem loci Incolae et sua propria Cicero defineth Liberty to be potestas vivendi ut velint at non vivit at v●lit qui juxta sensus carnis suae et cupiditates sed is solummodo qus vivit juxta rationem Plutarchus et Epictetus eandem liberi definitionem idemque Arianus ex Epicteto eum dixit liberum esse cui nec impedimentum praeberi possit volenti nec vis inferri volenti For amongst the too many claimed Priviledges to be appertaining to the Members of the House of Commons when they are assembled in Paliament by vertue only of their Kings and Princes Writs as

hath been before mentioned there are only these which their Speaker petitioned for for since the Dream of the men of St. Albans in Anno 8. E. 2. expounded and managed as Mr. William Petitt could think or imagine for his best advantage not knowing where it was run away from him and not finding it and the bold Petitions of some of the House of Commons in Parliament in the second year of the Raign of King Henry the 5th perceiving that he could get no assurance or confirmation of it by the Kings Answer thereunto as their Champion hoped that his Argument might prove as good as that of the good men of St. Albans and smite the Nail on the Head therefore was enforced when he saw the Kings answer in the same Record to silence it rather than his admirers should understand it and these claims of fancied Priviledges were so little believed to accord to those their unhappy designs as there was no more demand or news afterward of them in all our Kings and Princes Raigns until the Parliament in the Scottish League and Covenant with a factious party of our English in the years of our Lord 1637 1638 and 1639. when Philip Nye a busy factious Minister and Arch contriver and propagator of Rebellion and some other special Commissioners were secretly sent from England to prepare the intended united Rebellion of England and Scotland and put the management thereof into a Method most agreeable to the vizard of their counterfeit Religion and at the first a kind of supplicating Rebellion with Petitions and Remonstrances in their hands as well as Arms Amunition and all other Warlike Offensive and Defensive Provisions And if our English Parliaments had any such Stock of Liberties or Priviledges proper for Members of an House of Commons to demand it can be no less than a wonder extraordinary where those invisible Liberties or Priviledges have lurked or lain hid for more than 1000 years ever since Parliaments or Great Councels have been holden or kept in England under our Brittish Saxon Danish and Norman Kings and the long succession of our many Kings and Princes until that horrid long lasting Rebellion that had its rise in the years aforesaid and with great store of miseries and desolations continued until now being about 49 years and that none of the many Speakers other than Sir John Tibetot in the Raign of Henry 4. which gave occasion to all the Speakers afterwards to crave pardon of the King if they should demand any thing more than was befitting them allowed by our Kings and entrusted by the House of Commons in Parliament in matters of so great weight and concernment as is pretended for the publick good should so much neglect it since the 21 E. 1. or the times since succeeding as at their admission by our Kings and Princes to demand but two Priviledges when they ought to have asked very many as their well-willers but no friends unto either Loyalty or true Religion do without any grounds of Reason and Truth desire to have allowed who could hear Queen Elizabeth give a charge to some of the Speakers to inform the Members of the House of Commons that she would not have them intermedle with matters of Church and commanded the Speakers not to receive any such Bills if they should be offered and their then learned Speaker Sir Edward Coke durst not adventure to object unto her his too much at other times adored Fictions and Fables of the modus tenendi Parliamenta and the mirrour of Justice and a very great misfortune it must needs be to our Kings and Princes especially that ever since Jack Cades Rebellion in the later end of the Raign of King Henry the sixth they should be only troubled with the discords and troubles in their Councels which should be most helpful unto them which their neighbour Kings and Princes have not met withal in their like Methods and Rules of Government The Kings of Israel were commanded to read the Law which was not then non-scripta often References were made to the Book of the Chronicles The Decalogue was written as God had dreadfully pronounced by Moses and being afterward broken were wrtten again by the Almighty's own Finger the blessed Words Commands and Examples of our Saviour were written by the Evangelists St. Pauls Epistles have happily come unto us not by being not written but by having been written the twelve Tables fetched from Athens and Sparta and brought unto Rome were there hung up Aeneis Tabulis and their Sibylline Books were of great value our Bede Lambard and Somner have found our Saxon and Danish Laws to have been written and St. Edward the Confessors Laws were written before they were hid under his Shrine being not different from those that have been afterwards sworn unto by our successive Kings and Princes at their Coronation some Laws forced from King John were reduced into his Charter at Running Mede our Magna Charta Charta de Foresta freely granted by our King Henry the third and after thirty times confirmed in several Parliaments and ordered to be preserved in all our Cathedral Churches did certainly deserve the Title of Jura scripta When they might upon a sober and the strictest not Fanatick Rebellious Enquiry be well assured that those necessary Priviledges of Parliament were not to punish by their power but the Kings the Infringers of those Priviledges and that those which by a wicked or unheard of Antipolitiques or their Impostuting Champions or men at Arms would have by a new Art or trick of Jugling the Liberties and Properties of the people to be Priviledges of Parliament may find that the words Privilegium proprietates libertates never did or can signify any more than such Liberties Priviledges and Properties in and unto those their own Liberties and Estates which for a great part of them had been gained by the Favour and Indulgence of their Kings and Princes And should rather acknowledge that there is and ought to be no small difference betwixt Privilegium and beneficium and that privilegium in alterius praejudicium many times happens to be beneficium nec in Juris communis detrimentum nec in alterius damnum conceditur as that certainly was of the admittance of some of the Common people to be Members of the House of Commons in Parliament in 21 or 22. E. 1. to be made privy unto the making of such Laws wherein they might be concerned and have an opportunity to Petition their Kings for redress of any grievances happened unto them And that concessio Privilegiorum partim est expressa partim Tacita Expressa quae per concedentem verbis expressis tribuuntur qualia sunt illa quae a Principe peculiari rescripto vel aquovis alio magistratu vel superiore dantur vel in volumen Legum redacta ut Exempli gratia Privilegia Minorum faeminarum filiorum familias similia Tacita sunt quae praescriptione consuetudine vel per sententiam