Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	heir_n	power_n	successor_n	3,459	5	9.2559	5	true

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

introduced amongst us that Distinction long after about the Raign of our King John of the Barones majores those that were Ministri Regis and held great Possessions only of the King for long before the Conquest they were called Thaines Barons or Lords who were Honorary and the Minores middle Thaines or Valvasores who were only feudal and held all or much of others or lesser parts of the King and by Canutus's Laws there appears to have been in those times Thani infimae conditionis In Germany saith Schwederus there are two sorts The First that do hold of the Empire immediately The Second mediately of others and that in the diversity of Opinions amongst the Learned whether the word Baron be derived from the Hebrew Greek Latine Spanish or French the Germans have been content with theit own word or original Baar which signifieth Frey or liber homo Barones are liberi Domini Frey Heeren Et Baro signifieth virum dignitate praecellentem So as that exquisitely Learned Du Fresne in his Gloss upon the words Barones Parliamenti saith In Anglia Scotia qui vulgò Lords of Parliament vocantur ij sunt ex Majoribus Baronibus qui à Rege undè pendent ad Parliamentum sive concilium publicum diplomatibus Regiis evocantur nam constat in Anglia ut in Francia non omnes qui à Rege praedia sua immediatè tenebant ad Parliamenta admissos nam nimius esset numerus eorum sed illos tantum qui proximi essent a Rege dignitate vassallorum numero caeteros anteirent prout etiam in ipsis Baronum feudis factitatum And defining a Barony saith it is Praedium à Rege nudé pendens vel maius praedium vel feudum Cassanaeus taketh it to be Quaedam dignitas habens quandam praeeminentiam inter solos simplices Nobiles Tiraquel by good Authority of rectified experimented Reason Laws and ancient Customs saith Leges sanciri debent a Principibus etiam Nobilium concilio quod plane ostendit Virgilius de Aceste Rege loquens Gaudet regno Treianus Acestes Indicitque forum Patribus dat Jura vocatis Id est Leges sancit Jura distribuit vocatis ad id Patribus id est Senatoribus L'Oyseau defining Seigneuries saith they are Publique ou prives and that les droits praerogatives des grandes Seigneuries a scavoir les Duchez Marquisats Comtez Principautez dont le premier est qu'elles ne relevent que du Roy encore que de leur nature elles deuvoient relever immediatement de la Couronne C'est pourquoi les Feudistes les appellent Feuda regalia ou Regales dignitates tit ' de Feud encore non tant pour ce qu'elles participent aux honeurs des souverainetez que de leur d'autant qu'elles sont vrays Fieffs du Roiaume ne pouvant relever d' autre Seigneurie Et tout ainsi que ces Capitaines s' aydoient de leurs vassaux en la guerre aussi faisoient ils en les Justices principalement aux causes d' importance qu' ils Iugoient par leur advis pour ceste raison ils les appelloient Pairs Cour C'est a dire Pairs au Compaignons de leur Cour de Justice Saith le Seigneurie privee n' induit point de puissance publique and concludeth and proveth it to be un Erreur d' penser qu' aux livres de Fieffes Valvasores Regni seu Majores valvasores fussent ceux qui tenoient leurs Fieffs a Capitaneis Regni nempe a ducibus Marchionitibus And were had in such a Veneration and Respect as when in the first Year of the Reign of Queen Elizabeth an Act of Parliament was made that every Member of the House of Commons should before the Lord Steward of the King Queen or her Successors Houshold or his Deputy for the time being before they sit or be admitted by his Oath taken upon the Holy Evangelists testify and declare That the Queens Majesty is the only Supreme Governour of this Realm and of all other Her Highnesses Dominions and Countries as well in all Spiritual and Ecclesiastical things or causes as Temporal and renounce all Foreign Jurisdiction of any Foreign Prelate Prince or Potentate whatsoever And promise that from henceforth I shall bear Faith and true Allegiance to the Queens Highness her Heirs and Lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queens Highness her Heirs and Successors or United and annexed to the Imperial Crown of this Realm From the taking of which Oath the Lords Temporal and all of or above the degree of a Baron were by that Act of Parliament of 5. Eliz. exempted for that the Queens Majesty is otherwise sufficiently assured of the Faith and Loyalty of the Temporal Lords of her High Court of Parliament Although of that High and Honourable Assembly of the House of Peers all that hold Offices under our Kings as the Lords Chancellour Treasurer Steward great Chamberlain and Chamberlain of the Houshold Constable Earl Marshal Lord Privy-Seal Secretaries of State and all that receive Creation-Money of him as Earls Viscounts Marquesses and Dukes and all the Assistants as Judges Masters of Chancery and the Barons in that high Court of Judicature Subordinate to the King may find themselves comprized and obliged in and by that Act of Primo Eliz. ca. 1. as the Arch-Bishops and Bishops are For it may everlastingly with great assurance of Certainty and Truth be affirmed That our Parliaments or great Councells have in their Constitutions Formes Customes and Usages altogether or for the most part followed and imitated those of the Almans Saxons and Ancient Francks when Marculfus who lived in the Year after the Incarnation of our Blessed Saviour Jesus Christ Six Hundred and Sixty now something more than One Thousand Years when Clodouaeus the Son of Dagobert of the Merovignian and first Race of the Kings of France ruled as it will be Evident by the Writ of Summons thereunto Entituled Prologus de Regis Judicio cum de Magna re duo causantur simul in the form or words ensuing or the cause of Summoning or Calling the Parliament as our Kings have many Times done in their Writs of Summons to their Parliaments Viz. Cui Dominus regendi curam Committit cunctorum Jurgia diligenter examinatione cum rimari oportet ut juxta propositionum vel responsionum alloquia inter alterutrum salubris donetur sententia quo fiat ut nodos causarum vivacis mentis acumen coerceat ubi praelucet Justitia illuc gressum deliberationis imponat Ergo nos in Dei nomine ibi in Palatio nostro ad universorum Causas recto Judicio terminandas una cum Dominis Patribus nostris Episcopis vel cum plurimis Optimatibus Nostris patribus illis Referendariis illis

be Elected to be a Member of the House of Commons in Parliament is to take before he be admitted to sit therein or have any voice as a Knight Citizen or Burgess of or in the House of Commons an Oath upon the Evangelists before the Lord Steward or his deputy that he doth testify and declare That the Queens Majesty her Heirs and Successors is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spirituall and Ecclesiasticall things or causes as Temporall and renounce all Foreign Jurisdiction of any Foreign Prelate Prince or Potentate whatsoever And promise that from henceforth he shall bear Faith and true Allegeance to the Queens Highness her Heirs and Successors and to his power shall assist and defend all Jurisdictions Privileges Preheminencies and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperiall Crown of this Realm Queen Elizabeth in the 31st Year of her Reign did by the advice of her Privy-Councell and of the Justices of both her Benches and other of her learned Councell prorogue and adjourn the Parliament from the 12th of November 1588. to the fourth of February then next following from which day it was continued till the Thursday following post meridiem Wherein divers of the Bishops Earls Barons Justices and masters of Chancery were Receivers and Tryers of petitions The Bishops all but 7 named each of them 2 Proctors 7 Temporall Lords sent their proxies Such as were meer attendants in the House of Peers were sometimes made joint Committees with the Lords in severall matters The Commons presenting their Speaker to the Queen he was admitted with a caution not to use in that House irreverent Speeches or to make unnecessary addresses to her Majesty and the Chancellour by Command of the Queen continuavit praesens Parliamentum usque diem Sabbati prox hora nona When the Lords sent to pray a conference with the Commons and it is assented unto one of the Judges were allways named to attend the Lords Committees In a bill for setling a jointure for the Wife of Henry Nevill Esq. Wherein all former conveyances were to be cancelled the Lords ordered that the deeds should be sealed up and brought into their house to the end that they might be redelivered again uncancelled in case the Queen should resuse to sign the Act of Parliament the House of Commons by their Speaker desired her Majesties assent to such Statutes as had been provided by both Houses Upon her gracious generall Act of Pardon les Prelats Seigneurs Commons en Parlement en nom de toutes voz autres Subjects remercient tres humblement vostre Majeste The Queens Sollicitor generall being Elected a Member of the House of Commons in Parliament they desired the Lords that he might come into the House of Commons and sit with them which was assented unto and performed In the Year 1588. and 31st of her Reign when she had most need of her Subjects aid and good will upon the Petition of the Commons against some grievances of the Purveyors and her Court of Exchecquer she answered by their Speaker that she had given orders to her Lord Steward to redress any Complaints of her purveyance and that she had as much skill and power to rule and govern her own House as any of her Subjects whatsoever to rule and govern theirs without the help of their Neighbours and would very shortly cause a collection to be made of all the Laws already made touching Pourveyance and of all the constitutions of her Houshould in that case and would thereupon by the advice of her Judges learned Councell set down such a formall plot or method before the end of that present session of Parliament as should be as good better for the ease of her subjects then what the house had attempted without her privity in which they would have bereaved her Majesty of the honour glory and commendation thereof and that she had in the 10th year of her Reign caused certain orders and constitutions to be drawn for the due course of such things in her Court of Exchequer as her Subjects seem to be grieved at And so after a Generall Pardon and some bills passed the Lord Chancellour by her Majesties command dissolved the Parliament Anno 35th the Lord Keeper by her Majesties command declared the necessity of publick aides how little the Late Subsides amounted unto by Reason of the ill gathering desired the time might not be Mispent in long orations Speeches and verbosities which some men took delight in Receivers and Tryers of Petitions were named and some Proxies delivered Their Speaker Sr Edward Coke in his Speech remembred the Queen of her speech to the last Parliament that many came thither ad consulendum qui nesciunt quid Sit consulendum and prayed that she would give her assent to such Bills as should be agreed upon The Lord Keeper in his reply alleadged that to make more laws might seem Superfluous and to him that might ask Quae causa ut crescunt tot magna volumnia legum It may be answered in promptu causa est crescit in orbe malum And after upon further instructions received from her Majesty declared that Liberty of Speech was granted but how far was to be thought on there be two things of most necessity wit and speech the one exercised in invention the other in speaking priviledge of speech is granted but you must know what priviledge you have not to speak every one what he listeth or what cometh in his heart to utter but your priviledge is to say yea or no wherefore Mr Speaker her Majesties pleasure is that if you perceive any idle heads which will not Stick to hazzard their own estates which will meddle with reforming of the Church and transforming of the Common-Wealth and do exhibit any bills to such purpose that you receive them not untill they be viewed and considered of by those who it is fitter should consider of such things and can better judge of them The daily continuing or adjorning of the Parliament was Dominus Custos magni Sigilli continuavit praesens Parliamentum After a bill for setling the lands and Estate of Sr Francis Englefeild attainted of high Treason in Parliament had been ordered by the House of Commons to be ingrossed the Lords did hear Councell on the part of Englefeilds heirs and afterwards passed it In the case of repealing of certain uses in a deed concerning the Estate of Sr Anthony Cook of Rumford in the County of Essex after the bill had been 3 times read in the House of Lords and assented unto a Proviso was added of Saving the Queens right with a note entred that it should not hereafter be used as a praecedent Acts or bills of Generall pardon do passe both Houses with once reading The Lord-Keeper by her directions

would condescend to please the People which Some of them or those that would make use of them began to be too fond of and therefore could hardly bring himself to please them in that kind especially when he could perceive the Nobility Disliking and averse unto it Howsoever with some Confidence believing it to be beyond any fear or Imagination that any Danger to the English Monarchy and Government so Anciently rationally and well founded according to the Laws of God Nature and Nations Laws of the Land and reasonable Customes thereof could happen thereunto by the election of a part of the People Subordinate to the Nobility and Baronage as well Spirituall as Temporall adstricti legibus and obliged by their Tenures in Capite Homage and Fealty in the strongest manner that the Wisdom and Care of Mankind could devise as bonds never to be shaken off and a tye upon their Estates Bodies and Souls by their Oaths of Allegiance Tenures and Forfeiture of their Lands to be true and faithfull to their King and those which they held of or that they or any of their Posterities could be so ingratefull for benefits received from the Crown and his Progenitors from Generation to Generation as to be so unmindfull of their often repeated Homages and Oaths of Allegeance as when they were Summoned only to perform and obey what the King and his Lords Spirituall and Temporall in his greatest Councell should adjudge meet to be done for the Publique Good and to stand as Petitioners in the outward Courts should by Insinuations from some priviledges and the Power granted unto them and others for that purpose and only end of contributing necessary aids for their Kings for the defence of themselves and their Defenders by gradations and the over indulgence of their Kings and Princes and the advantages of catcht opportunities creep into the Arcana Imperii and snatching the thunderbolts and authority of the Sovereign out of his hands make themselves too busy with the supream power themselves that should be governed to be the unruly and unreasonable Governors of their King and Gods Vice-Gerent Who might have thought himself and his Successors to have been in some condition of Safety when the Summons to Parliament were to be only by his Writs and Authority and the Sheriffs who were not the Parliaments Officers but the Kings and by the Law Sworn unto him not unto both or either of the Houses in Parliament and strictly bound to observe and Execute his Writs and Mandates made himself content to allow some things of that way or course which had been before unduly and Illegally contrived and therefore did as it appeareth alter and change it into a more legall and just way with different methods enough as he thought to make them and after Ages understand that it was his only right to do it and that they were to be no more then consenters obedient and ready to do and perform what the Lords Spiritual and Temporal should in Parliament advise wherein he was to be the sole Director Ratifier and Ordainer and to be at his Disposing in the Summoning and Calling them together as to Time Place Continuance Proroguing Adjourning or Dissolving any such or the like Assemblies and that he in all things to be done therein was as their Sovereign to have his Granting Directive and Negative Voice and in the sending out of his Writs of Summons for any Great Councells or Parliaments to vary in the circumstances orders or limitations or additions as his occasions for the Weal publick should require with such other variations as might signify his care to prevent future Evils or impending Dangers and reserve to him and his successors the long ago just rights of the best tempered Monarchy in the Universe And for the better method and order to be used in his House of Lords and Peers whom he had Summoned and made use of in his great Councels and Parliaments untill that time without the Commons or any Procurators on their behalf in the making of divers Laws and Statutes of very great Concernment to them and the Weale Publick And to make the Councells and Assistance of the Wiser and better part of his People more Effectuall and in a better order then that which the rebellious part of his and his Fathers ill-affected Baronage had neither well provided for themselves or them did whilst he was content to admit into the fitting and necessary Secrets and intimacy of his great Councells a select part of them to be duly chosen by his Writts and commands as to Time Occasion and Place resolve to give after ages to understand that he did notwithstanding reserve to himself as his Royal Progenitors had Anciently done when they only Summoned the Prelates and Peers to their Great Councells his and their most undoubted rights and power of Summoning Proroguing Adjourning or Dissolving those Assemblies and the sole and only affirmative or negative voice in the making of Laws as being the only breath Life and being thereof Did at his being in Goscoigne in the Twenty Second year of his Reign send his Writs of Summons to Summon divers great Lords as well French as English being in number Sixty one amongst whom were Roger de Moubray William Trussel Symon Basset Theobald de Verdon c. habere colloquium tractatum with him in England ubicunque fuerit in a much Differing form then those of Henry the 3 his as aforesaid Imprisoned Father And Directed his Writ to the Sheriff of Northumberland in these Words viz. Rex c. Vice Comiti Northumbriae Salutem tibi praecipimus quod de Comitatu praedicto duos milites de qualibet Civitatem ejusdem Comitatus duos Cives de quolibet Burgo duo Burgenses de discretioribus ad laborandum potentioribus sine dilatione eligi eos ad nos ubicunque in Regno nostro fuerimus venire facias it a quod dicti milites plenam sufficientem potestatem pro se communitate Comitat praedicti duos Cives Burgenses pro se communitate civitatum Burgorum praedict divisum ab ipsis tunc ibidem habeant ad consulendum consentiendum pro se communitate illa his quae Comites Barones proceres de Regno nostro ordinabunt c. T. Rege octavo die Octobris alltogether Different from the Writs made out and enforced from his Father King Henry the 3. During his Imprisonment in Anno 49 of his Reign Consimilia brevia diriguntur singulis aliis Vicecomitibus Angliae And in the same Year and the next Day after sent another Writ to the same Sheriff in these words Cum nuper tibi praeceperimus quod duos milites de discretioribus ad laborandum tunc potentioribus ejusdem Comitatus de consensu ejusdem eligi eos ad nos usque Westmonasterium in crastino Sancti Martini proximo futuro cum plena potestate pro se tota Communitate

Fourth the Commons shewing to the King that Comme les Juggements du Parlement appurteignont seulement au Roy as Seigneurs nient as Commones si noun en case que sil plest au Roy de sa grace especile leur monstrer ses ditz Juggements pur ease d' eux que nul record soit fait en Parlement encontre les ditz Communes que sont ou serrent partyes as escunes Juggementz donez ou adonees ou apres en Parlement A quoi leur feust respondu per l' Ercevesque de Canterbire de commandement du Roy 〈…〉 ment mesmes les Commones sont Petitioners demandeurs que le Roy les Seigneurs de tout temps ont eves averont de droit les Juggementz en Parlement en manere come mesme les Comones ount Monstrez sauvez quen Statutz Affaires ou en Grauntez subsides ou tiel choses Affaires pur comon profit du Royalme le Roy voit avoir especialment leur Advys Assent que cel ordre de fait soit tenuz gardez en tout temps adveniz And the Earls and Temporal Barons were by vertue of their Tenures and Summons of Parliament since the beginning of the Raign of King Richard the Second said to be Conciliarij nati of the King and Kingdom and the Bishops to sit there then and long before by reason of their Baronies which no Member of the House of Commons is or can claim to be in our King 's great Councels or Parliament until the framing of that aforesaid novel Writ to Elect Knights Citizens and Burgesses in the time of the Imprisonment of King Henry the Third and after his Release was discontinued and no more made use of until the 22d Year of the Raign of King Edward the First his Son and the Heirs by ancient Customes of that Court under and by the Kings Authority do exercise in Causes and Complaints brought before them a judicial and decisive Power And in the preceding Times and Ages until that new Writ of Elections was contrived and imposed upon that distressed and much injured Prince Certissimum est saith that learned and judicious Antiquary Sir henry Spelman that the Nobility and Barons which did hold immediately of the King in Capite judicijs praefuêre Aulae Regiae did usually sit and determine Causes or Controversies in the King's Court or Palace as the Barons of the Coife in the Exchequer who were heretofore Earls and Barons do at this day judge and determine of Matters touching the King's Revenues And as the Lords of Mannors in their Courts Barons do admit none to be Judges in those their little Courts but their Tenants who are Free-holders and do hold of them and being stiled and said to be of the Homage do subserviently manage the Affairs of their Lords therein who did very anciently use to act therein Concilio prudentum hominum militum suorum by their Presentments Advice and Judgements and are therein not much differing from the Customs and Laws of the Longobards where their Emperor commanded that Nullus Miles nobiscum saith Sir Henry Spelman Liber homo sine certâ convictâ culpâ suum beneficium perdat nisi secundum consuetudinem Antecessorum nostrorum et judicium Parium suorum In which saith Sir Henry Spelman Th 〈…〉 is an Idea of our Magna Charta the Free-holders in the Hundred Courts being thither also called Conformable to the League made by King Alfred with Guthrun the Dane wherein Homicide sive de crimine alio quod quatuor marcas excederet postularetur per duodecim ex paribus reliquos autem subditos per 11 Pares unumque ex Baronibus Regis fore judicandos And to the Laws of our King Henry the First wherein it was ordained That Unusquisque per Pares judicandus est si quis in Curia sua vel in quibuslibet agendorum locis placitum tractandum habet convocet Pares vicinos suos si inter compares vicinos sint querelae conveniant ad divisas terrarum suarum qui prior queremoniam fecerit prior rectum habeat si alias ire oporteat in Curiam domini sui eant si unum dominum habeant Soca sit ejus illic eos amicitia congreget aut sequestret judicium And may seem to be derived from the Laws and Customs of the Germans where by the Court of Peers are understood Causarum feudalium Judices à Caefare constituti qui sine provocatione cognoscebant to be Judges appointed by the Emperor to hear and determine without appeal Matters concerning their Lands and Territories where the like usage and term of Peers in their Judicatures Great Councels or Diets is at this day used the Princes of the Empire being Paribus cu 〈…〉 ae and such are those of our House of Peers in Parliament being the highest Court of the Kingdom of England where none were admitted or did administer Justice Nisi qui proximi essent à Rege ipsique arctioris fidei homagij vinculo conjuncti but such as were near unto the King and held of him in Capite which kind of Tenures howsoever they were most unhappily Dissolved by a late Act of Parliament in His now Majesties Raign for converting Tenures in Capite into free and common Socage were by an Exception and Proviso in the said Act of Parliament as to the Rights and Priviledges of the Peers in Parliament specially saved and reserved unto them who were heretofore Capitanei regni as Sir Henry Spelman saith Captains of the Kingdom and Peers obliged and bound unto their Kings by Homage and Fealty in that highest and most honourable Court of the Kingdom wherein the Judicative Power of Parliament under their King their Head and chief Resides which high and honourable Assembly reverencing and taking Care for their Head and Soveraign the only under God Protector of themselves the Church and all their worldly Concernments and Liberties Was so much used in France as saith Conringius Proceres temporibus Francorum temporibus antiquissimis Concilio interfuisse plurimis quidem testimonijs in proclivi est and cites a Book written per Theganum Chorepiscopum Trevirensem de gestis Ludovici Imper ' Ca. 6. ubi de Carolo Magno Imperatore legitur Cùm intellexisset appropinquare sibi diem obitus sui vocavit filium Ludovicum ad se Episcopis Abbatibus Comitibus loco positis habuit grande colloquium cum ijs Aquisgravi eodem spectat procul dubiò Hinckmari who was a Bishop and Councellor of Charlesmaynes illud concilium Lodovico Baldo datum epistolam ut rempublicam administret ex Procerum aut Principum consensu nusquam Plebis mentione factâ unde epistolam illam claudens Ca. 10. Scribit de generalibus Ecclesiae Regni negotijs fine generali Procerum regni consensu concilio secretum dare concilium nefas etiam