Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	history_n	king_n	write_v	3,141	5	6.1669	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

meet and agreeably to the second the kings house was first called a Court because the cheife Court of Iustice was holden there But now of Courts some were called ecclesiastical some Lay and other some mixed that is to say both ecclesiasticall and Lay. Of this last sort I find but one namely the high Court of Parliament which I call mixed because it had the Bishops ioyned with the lay Lords to make up the second estate thereof the first estate consisting of the Prince alone and the third of the Commonalty without any of the Clergy at all Of which Court albeit it was rather sommoned to devise and create reforme and repeale laws than to put them in execution yet forasmuch as it both ministred the matter whereupon all the other Courts do work and had in some causes ordinary jurisdictions also I will speake first and then persue my division That which wee now agreeing with the Scotts and Irish do call a Parliament the Frenchmen do call Les Estates or assemble de les estates because with them there as with as also the King Nobilitie and Commons which be the three Estates of the land do meet thereat to consult and the same in Germany is termed a Dyet for these other Courts that carry the name of Parliament in France be but ordinary Courts of Iustice which as Paulus Jovius writeth are thought to have been planted by us and of which our own Councels established in Wales and in the North parts do beare the nearest shew and resemblance This word Parliament saith one is Compounded of parium and lamentum because as he thinketh Peeres of the country did at those meetings lament and complain each to other of the enormyties of their country and thereupon provided redress for the same but this is not very credible But their opinion is more probable as I think which derive the Parliament simply from the French word Parler and that also from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both signifying tospeake and so by adding the termination mem which is common in the french tongue as well to many nounes as adverbs do make up Parliament meaning thereby an Assembly of men called together to speake or confer of their advice and opinion and so also it may not unfitly be called Parliament for that every man there doth or should speake his mind but Laur. Valla misliketh that kind of Etymologie Cooks 〈◊〉 stit fol● 110. se● 164. yet my Lord Cooke saith that it comes from parler lament to speake ones mind and his authority is not mean I will not take upon me to set downe the very time The beginning of the word Parliament in which the word Parliament came first in use but forasmuch as it was transported out of France it is not unprobable to guesse that it began here shortly after the time of the Norman Conquest One of the most authentique reports The name Parliament was used before the conquest in the time of Edw. the Confessor Cooke 1 Instit sect 164 page 110 that I think can be sound of that name Parliament is in the statute made 3. E. 1. and commonly called where that assembly is said to be le Primer Parliament generall apres coronement le Roy but yet that is not the very first use of the word for in the statute called Articuli clori and published 9. E. 2. these words are read amongst others Tempore progenitorum nostrornm quondam regum Angliae in diversis Parliament is su is c. which word progenitorum and quondam regum must needs reach higher than to E. 1. that was but father to him that spake it So that I can willingly herein subscribe to the opinion of Polydore Virgill who in the eleaventh book of his English history which contayneth the raigne of King Henry the first that was son to the Conqu writing of the great assembly at Salisbury saith thus at illud apposite habeo dicere reges ante haec tempora non consueuisse populis conventum consultandi causa nisi perraro facere adeo ut ab Hemico id institutum jure manasse dici possi● c. and a little after more galico vulgo Parliamentum appellant c. and this is so much the more credible as that King laboured by all meanes and especially by restitution of the antient lawes as all histories do agree to heale the hearts of the English men which were before deeply wounded by the oppressions of his father and brother William to the end that he might thereby the better keep the Crowne of this Realme against his elder brother Rob. Witenage Mote Michall Sinoth and Michell Gemote names of Parliament before the Conquest Cook Inslit fol. 110 who both had good right and had moved his claim thereto but what time soever this Court began to be called by the name of Parliament this is certaine th●t the same was before known to the Saxons or English men some times by the word Sinoth and Micell Sinoth of the Greeke Synodos now appropriated to ecclesiasticall meetings only and somtimes by these tearmes micel-zemoce wizenazemoze and aupa-picena zemoze that is to say the great meeting the meeting of all the wise men for wizan signifieth a wise man and Gemote a meeting of which last word the names Shiyremoote folemoote and halymoote that is to say the assembly or meeting of men of a Shire of the men of a Towne and of the tenants of a Hall or Mannor had their beginnings also And as Synoth is more used in the acts of Parliament themselves so Gemote is more familiar to the histories thus much as well of the present as of the antient usuall name now let us looke into the thing it self Like as in warr where the King is present in person The conformitie and the reason of the Estates in Parliament and with him the Nobilitie Gentry and Yeomonry there is the force and puissance of the Realme even so in peace wheresoever is the prince as the head to give life that is to say yield the highest and the last assent and where the Baronie consistting of the Lords spirituall and temporall and the Commonalty made up of the Knights and Burgesses be as the body present at his commandement to deliberate conferre consult and consent there is also the Councill and policie of the Realme so that forasmuch as every man from the highest to the lowest is there either in person or by procuration therefore of right every man is said to be bound by that law vvhich doth passe from such an assembly And this frame of policie is both Naturall and Harmonicall 1. Naturall in that it hath an imitation of the naturall body of man truly called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a little vvorld out of the 3 cells vvhereof namely the head breast and belly the vvhole three povvers of the soule do open and utter themselves 2 Harmonicall because from such and so tuned a Base Meane and Treble

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