Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	call_v	king_n	name_n	2,838	5	4.9619	4	true

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 King himself hath a high Court of Justice wherein it seemeth that he sate in person for the words be Let him not seek the King And lastly that the same Court of the King did judge not only according to meer right and Law but also after equity and good conscience For first the words be unlesse he cannot find right at home by which it is permitted that then he might use to go to the King for right Secondly Again if that right be too heavy then let him seek to the King c. whereby it is meant that he should have the rigor of the Law mitigated by the conscience of the Prince and after this order and in these two sorts of Courts was all Justice administred untill the time of King William the Conquerour● during whose reign as allso under the Government of King Rufus his son it is to be thought that the ordinary course of Justice was greatly disturbed as well by reason of the intestine and sorraign wars as also because that these two Princes governed by a meer and absolute power as in a Realm obteyned by Conquest but yet it was so farre off that any of them did utterly abolish these Courts That the same did not only remain during all their times howsoever put to silence for the season but also had continuance afterwards and do yet as they may here bear life amongst us for as I said those base Courts of the Shires Hundreds Boroughs and Mannors do yet continue in manuer the same in substance that they then were and that the pleas ought no more to be taken from then now in our dayes without cause then they ought to have been may evidently be proved by the writs of Tolt pone accedas ad Curiam and Recordari vhich wee now yet use and that to this only end to remove suits upon cause out of one Court into another The like I may also affirm of that high Court which then followed the King himself for albeit that many particular high Courts be now since that time advanced by reason that the multitude of suits still increasing with the iniquity of the age of the World would not suffer them all to be ordered in one place without both into ler●ble delay of matters and grievous vexation of men yet nevertheless if ye will throughly behold the matter and subject about which all these Courts are now occupied you shall perceive that they are but as it were so many branches sprung up out of that one tree or stream derived from the same spring and sountaine For letting pass those Courts of the Country which I have already touched also those other small Courts of record that be in Cityes and Townes corporate Pipowders of Pies and powldres that is dusty feet because it is for Travailers to the sayr yea and the Pipowders Court it self that lasteth no longer then the Fayr All our higher Cours at this day be either Courts of right and Law or else of equity and conscience as they then were although they now require another subdivision than they then had And that if you will may be this The Courts of Law do either handle civil or criminall causes The late division of Lay Courts And these Civill causes be either moved between the Lord Protector and the people of England formerly between the King his tenants and subiects or else between one subiect and another Those Courts of Law that hold plea of common or civill matters that grew between the Prince and subiects be these The Exchequer devised for the safe custody of the lands formerly called the Crowne lands and for the faithfull answering of the revenues of the same The Court of wards and Liveryes and the Court of the dutchy of Lancaster both which are now altered And the Chancery Court at the least so far forth as the same hath to do with Petitions traverses de droith and such like Those other Courts of Law that have jurisdiction of civil or Common Pleas arising between subiect and subiect be these The Common Place or Bench The Marshalsea for matters heretosore within the vierge or limits assigned to the Kings house or Palace The Admiralty Court which was for marine Causes And the upper Bench in time past termed the Kings Bench so far forth as it yet doth retain jurisdiction in matters of debt Assumptions Actions upon the Case and such other things properly tryable in the Common Place and not there Criminall causes do generally belong to the upper Bench and have formerly belonged to the Starre Chamber or else particularly do appertaine to the Constables Court to the Marshasie Admiralty Goale delivery Oyer and Detorminer and Sessions of the Peace And these be the Courts of Law that have ordinary resort and jurisdiction The Courts of Conscience be these First the Chancery open to all men at all times Secondly the Court of the Request that did hear only the suits of poor men and of the Princes servants Thirdly The Chancellors Court that was within the Exchequer and Fourthly two Councills which formerly were established the one in Wales and the other in the North Country both consisting of President and Councill now taken away which were like unto those which in France are called Parliaments as I said before But now to the end that it may the more evidently appear how and by what degrees of increase these many Courts have sprung out of that one it is requisite that I proceede to the history of King William the Conqueror where I left and to descend from him downward untill I have set all on foote The Court of Exchequer The Authority of this Court is of originall jurisdiction without any Commission Cook 4. Inst c. 11. p. 130. It is confessed by all writings that the Conqueror after such time as he had suppressed the forces of those that made head against him here did immediatly cause the whole Realm to be exactly surveyed by Shires and Hundreds severally aswell for the understanding of the woods pastures meadows and tillage thereof The first survey of the Kingdome was by Alfred about 872. the Register thereof was kept in his treasury at Winchester Daniell f. 11. as also of the profitts of Churches Mills Villaines and of all other Commodities whatsoever The record of which survey was then called Domesday Book and was appoynted to be kept in the Exchequer at Westminster where it now resteth And that Court did he then also newly erect for the ordering of his revenues after the name of the Exchequer in Normandie it had not only the government of revenues of the Duke there but was also the soveraigne Court for administration of justice amongst his subjects Custom Normand 48.52.635 and so continued untill that Lewis the 12. King of France converted it into a Court of Parliament consisting of President and Counsellors and established it at Roan in Normandie where it now remaineth But this his Exchequer in England had

only the direction of his demeasns and receipts the administration of Common justice continuing still in that other Court of his as it was before his coming hither For proofe of which matter I call to witnesse Gervasius Tilberiensis a learned man that lived so neer to the time of the Conquest that he confesseth he had talk with Henry Bishop of Winchester which was son to the Conquerours sister This man was an officer of the Exchequer here and penned speciall dialogues of the observations of the Exchequer which he dedicated to King Henry the second and are yet in the Exchequer in the Black Booke there in the first part of which his dialogues ca. 1. he writeth for the advancement of the Antiquity of the Exchequer that it was brought out of Normandy by the Conquerour and for the authority of the Court he hath amongst other words these following Nulli licet statuta Scaccarii infringere vel eis quavis temeritate resistere habet enim hoc commune cum ipsa domini Regis curia in qua ipsc in propria persona jura decernit quod nec recordationl nec sententiae in eo latae liceat alieni contradicere Whereby it is plainly proved the Court of the Exchequer was at that time a distinct Court from that Court of the King in the which he himself sometimes and commonly his justice called then Prima justitia did use to sit The one Court having authority over the Kings demeasns and receipts as Gervasius in all that worke at large discourseth and the other using the power of distributing common justice as his words in this place do sufficiently purport And therefore I cannot but here by the way note the error of them which do maintain that the Exchequer was in this time of King Henry the second a Court of whatsoever Common pleas for all subjects and which for proof of their assertion do alledge the Title of Mr. Glanvil●'s book in part thus Et illas solum leges continet consuetudines secundum quas placitatur in curia Regis ad scaccarium for overthrow whereof first I say that the words of this title be not the words of Glanvill himself but of that man whatsoever he were that published his book by print for he entituleth the book thus Tractatus de legibus tempore Reg is Henrici secundi compositus illustri viro Ranulpho de Glanvill juris regni antiquarum Consuctudinum eo tempore peritissimo which doth plainly discover that he speaketh of Glanvilla as of another man and which also lived not then but at another time Secondly I affirm that if it were the speech of Glanvill himself yet if you will take the rest of his words with you then you shall see that they have another meaning for the words stand thus together Secundum quas placitatur in Curia Regis ad Saccarium coram Justiciis ubicunque fuerint which words coram Justiciis ubicunque fuerint do set forth the other Courts of the King whereof I now speake Lastly I undertake to shew not by the title but by the Text of Glanvills owne booke that in his time the Kings Court was one and the Exchequer another for throughout his whole worke he called the Court of Common P●eas Curiam Domine Regis And the Stile of the writ therefore is quod sit coram me vel Justiciis meis But when he cometh to speake of the Exchequer he talketh of Acompts to be made to the King there and of none other matter as namely in the 7. book Ca. 10. where he hath this Si dominus Rex aliquam custodiam alicui commiserit tunc distinguitur utrum ei custodiam pleno jure commiserit ita quod nullum inde reddere compotum oporteat ad Scae●arium aut aliter But before that I leave the raign of this King Henry the second I must add this also that he in the xxiii of his raign did by the advice of some of his Bishops cut the Realm into 6. parts and to every of these parts appointed three Justices the which are by Henry Bracton called Itinerants and in Brittons Book Justices in Eire quasi errantes as Gervas of Tilbery expoundeth it The proper names of which Justices are set down by Roger Hoveden who also describeth their circuits not to differ much from the same that our Justices of Assize do now ride And so I conclude that not only during all the time of the Conquerour himself of William his son and of his other son Henry the first which was a peaceable Prince and a maintainer of the antient Laws and learned in them whereof he had the name Beauclark but also under the government of King Stephen and of this Heury the second there was one Court following the King which was the place of Soveraign justice both for matter of Law and conscience and one other standing Court which was Governess only of the lands and revenues of the Crown The first of which was then called Curia Domini Regis Aula regia Bract. fol. for that the Prince himself did many times fit in person there and had Justices a latere suo residentes as Bracton saith namely his chiefe Justice Chancellour Constables Marshall and others The later was then as it is now cal●ed Scaccarium eo quod lusibilis Scaccarii formam haberet If you will give credit to Garves Tilber or else it took the name of Statarium Eo quod stabilis et firma effect ibi as Paulus Aemilius and after him Polydore Virgil doth write of it and in this the Prince sate not personally at any time but his chiefe Justice as President and then the Chancellor of the Exchequer the Treasurer and Barons The Common Place And in this manner that high Court of the King continued untill that Henry the third in the 9. yeare of his raign which was about the time in which he aspired to the age of xxi years granted unto his subjects that great Charter of the liberties of England in the 11. Ca. whereof he ordained thus Communia placita non sequuntur curiam nostram sed teneantur in aliquo loco certo whereupon followed two things The first This Court was in being before this statute it doth not appeare that it was then newly e. rected by the stat of M. Ch. that this Court was directed for the determination of all such pleas as did not concern the Crown and dignitie of the Prince but were meerly civill and did belong unto the subjects between themselves The second that this Court was established in a place certain and that was at Westminster to the end that the people might have a standing Seal of Justice wher to they might resort for the tryall of their owne causes and not to be driven to follow the King and his Court but only where the matter respecte him And after this fo 105.108 all the Writs that are recited in Henry Bractons book

which was written in the latter end of the raign of this King Henry the third have this Commandment to the partie quod sit coram Justiciariis meis apud Westmonasterium and not coram me vel Justiciis meis as the former form in Glanvill was And thus began the Court which because it hath power over Common-Pleas wee now call the Common-Place About this time also or not long after some other Courts of Justice were likewise opened The booke called Britton as it may partly appear by Henry Bracton but more plainly by John Britton which followed immediatly after him for in the beginning of the raign of King Edward the first this John Britton then Bishop of Hereford whose name Mr. Bale in his Centuries or his Printers mistaketh and calleth Bekton being singularly learned in the Laws of the Realm did at the commandment of that King and in his name compile a book now imprinted and named Britton in the beginning whereof he d videth all jurisdiction thus First that the King himself had soveraign jurisdiction above all others in his Realm to Judge in all causes whatsoever Secondly that the Marshall of the Kings house had the place of the King to hear and determine the pleas of the Crown within the verge and that the Justices in Erie had like authority in every County once in 7. years Thirdly that the Justices which followed the King wheresoever he went and sate in his place had conusance of erronious Judgement Appeals and other matters of the Crown Fourthly That the Coroner of the Household had his proper power within the verge and that he and others had the order of weight and measure throughout the Realm Fiftly That Sheriffs Coroners Hundredors Burgesses Serjeants and Beadles had and so have their Courts within each of their particular limits Sixthly That Justices being continually at Westminster have power over Common Pleas. Seventhly That the Exchequer at Westminster had authority concerning the Kings Debts and Feeds and all things incident thereunto And Lastly that other Justices had the charge of Assize of the deliverance of Gaols in every County Forasmuch as after this distribution of power to hold plea thus made some of these Courts would not contain themselves within their appointed limits but sought to enlarge their authority by usurping jurisdiction that was appropriate to others Articuli super Chartas ca. 3 4 5. The same King did by Parliament holden in the xxviii yeare of his raign confirm that great Charter for ever and in certain articles as he did call them set forth upon the said Charter did then by like authority of Parliament enact that they of the Exchequer should not take knowledg of any Common Plea That the Seneschall or Steward and the Marshall of the Kings houshould should not have plea in hearing of trespasses Seneschall os Sein a house and Scale skilfull So steward of Stow a place and Wear a keeper contracts and covenants made within the verge And the Chancellors and the Justice of the Kings Bench now the upper Bench should follow him wheresoever he went to the end that he might alwaies have men about him that were able to deliver Law to such as should require it Hitherto as you see there is no express mention in Britton either of the Court of Admiralty the Constables Court or the Chancery and therefore it remayneth that we labour to find out from whence they also fetched their beginnings and that shall we the more easily do if we give heed to this that Britton hath already opened for he leaveth the soveraign jurisdiction of all causes in the King The Admiral●y The Brittish and Sa●on Kings had their Chancellours as Etheldred who began his raign 978 Edw. the Confess●● had Re●nb●ld for In●●● Cha●●●lor Edg●● had A●u●ph and ●●ded and Edmund had Turk●ull and K●ag Athe●stone had Wolfaid for his Chan●●lor Cooke 4. Inst ● 97. and Ethel ba●d had Turketill for his Chancelor about 718. so that whatsoever the King hath particularly de ivered out to others his Justices Commissioners and Delegats that still remaineth in himself and was exercised either by himself in person or by his Chancellour Councellors of a State and Justices of Law that continually attended on him for that service And therefore first concerning the Admiralty I think that the decision of marine causes was not put out of the Kings house and Committed over to the charge of the Admirall untill the time of King Edward the third whereunto I am led partly And then after this subscription of him and his Queene and of the Archbishops and Abbots one Renibaldus is named Cancelarius and in the end of all after the date of the Chreme it is vvritten thus Siwardus Notarius ad vicem Renibaldii Regiae dignitatis Cancellarii hanc cartam scripsi subscripsi The next year after this King VVilliam the Conquerour gave by another Charter to the same Abby sundry Lands in exchange for Windsor the which King Edward had bestowed on them and in the end of this grant he likewise saith Ego Willielmus Dei Gratia Rex Dux Normannorum atque Princeps Cenomannorum hoc scribi precipi scriptum hoc signo deminicae crucis † confirmando stabilivi nostraeque imaginis sigillo insuper assignari curavi And then in order as before it followeth Ego Mauritatus Regis Cancellarius favendo relegi sigillavi Hereby it appeareth that the office of the Chancellor then was at the first to make and seal the Instruments that passed from the Prince and this I call his originall duty because it cannot credibly be shewed of any history as I think that ever there was in England any of sealing of writings or mention of the name of Chancellor before the dayes of this Edward who having spent agreat part of his age in Normandy first brought the use of the Seal from thence into this Nation See before of the antiquity of Chancelors and with it I suppose the name of Chancelor In whose time also Leofricus the Britain is the first Chancelor I find named For that we learned of the Normans our manner of sealing Ingulphus the Abbot of Croyland which came out of Normandy hither in the Train of the Norman Conquerour assureth us writing thus Normancii Cyrographorum confectionem cum crucibus aureis aliis signaculis sacris in Anglia formari solitam in Cerae impressionem mutant c. And that the name of him that kept the seal came out of France also it may be probably conjectured both by the word which we found nearer to the pronunciation of the French than of the Latin and also by the office it self which hath been exercised in France under the same name and nature that we use it ever since the time of Charlemaigne at the least And so it is manifest that the Chancelor did bear this name and had the Charge of the Kings seal and writings both before and in