Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	king_n	lord_n	people_n	3,378	5	4.9550	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A71317	Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Alban. Concerning the post-nati naturalization of the Scotch in England union of the lawes of the kingdomes of England and Scotland. Published by the authors copy, and licensed by authority.	Bacon, Francis, 1561-1626.	1641 (1641)	Wing B337; ESTC R17387	32,700	73

severall families or Ilneages of people doe submit themselves to one line Imperiall or Royall the submission is more naturall and simple which afterwards by lawes subsequent is perfected and made more formall but that is grounded upon nature That this is so it appeareth notably in two things the one the platformes and patternes which are found in nature of Monarchies the original submissions their motives and occasions The platformes are three The first is that of a father or chiefe of a family who governing over his wife by prerogative of Sexe over his children by prerogative of age and because he is author unto them of being and over his servants by prerogative of vertue and providence for he that is able of body and improvident of mind is Natura servus that is a very modell of a King So that is the opinion of Aristotle Lib. 3. Pol. Cap. 14 where he saith Verum autem regnum est cum penes unum est rerum summa potestas quod regnum procurationem familia imitatur And therefore Lyeurgus when one counselled him to dissolve the kingdome and to establish another forme of estate he answered Sir begin to doe that which you advise first at home in your owne house noting that the chief of a family is as a King and that those that can least endure Kings abroad can be content to be Kings at home this is the first platforme which we see is meerely naturall The second is that of a Shepheard and his flocke which Zenophon saith Cyrus had ever in his mouth For shepheards are not owners of the sheepe but their office is to feede and governe no more are Kings proprietaries or owners of the people for God is sole owner of people The nations as the Scripture saith are his inheritance But the office of Kings is to governe maintaine and protect people And that is not without a mystery that the first King that was instituted by God David for Saul was butan untimely fruit was translated from a shepheard as you have it in the 78. Psal. Et elegit David servum suum de gregibus ovium sustulit eum pascere Iacob Servum suum Israel hereditatem suam This is the second platforme a worke likewise of nature The third platforme is the government of God himselfe over the world whereof lawfull Monarchies are a shadow And therefore both amongst the heathen and amongst the Christians the word sacred hath beene attributed unto Kings because of the conformity of a Monarchy with the divine Majesty never to a Senate or people And so you finde it twice in the Lord Cookes Reports once in the second booke the Bishop of Winchesters case and his first booke Cawdries case and more anciently in the 10. of H. 7. fo. 18. Rex est persona mixta cam Sacerdote an attribute which the senate of Venice or a Canton of Swisses can never challenge So we see there be presidents or platformes of Monarchies both in Nature and above Nature even from the Monarch of heaven and earth to the King if you will in an hive of bees And therefore other States are the creatures of the law and this State onely subsisteth by Nature For the originall submissions they are foure in number I will briefly touch them The first is Paternity or Patriarchy which was when a family growing so great as it could not containe it selfe within one habitation some branches of the descendents were forced to plant themselves into new families which second families could not by a naturall instinct and inclination but beare a reverence and yeeld an obeyseance to the eldest line of the ancient family from which they were derived The second is the admiration of vertue or gratitude towards merit which is likewise naturally infused into all men Of this Aristotle putteth the case well when it was the fortun of some one man either to invent some Arts of excellent use towards mans life or to congregate people that dwelt scattered into one place where they might cohabite with more comfort or to guide them from a more barrenland to a more fruitful or the like Vpon these deserts and the admiration and recompence of them people submitted themselves The third which was the most usuall of all was Conduct in warre which even in nature induceth as great an obligation as Paternity For as men owe their life and being to their Parents in regard of generation So they owe that also to Saviours in the warres in regard of preservation And therefore we finde in the 18. Chap. of the booke of Iudges verse 22. Dixerunt omnes ●iri ad Cedeon Dominare nostri tu et filij tui quoniam servasti nos de manu Madian And so we reade when it was brought to the eares of Saul that the people sung in the streets Saul hath kild his thousand David his ten thousand of enemies he said straightwaies Quid ei superest nisi ipsum regnū for whosoever hath the military dependance wants little of being King The fourth is an enforced submission which is Conquest whereof it seemed Nymrod was the first president of whom it is said Ipse caepit potens esse in terra et erat robustus venator coram Domine And this likewise is upon the same root which is the saving or gift as it were of life and being for the Conqueror hath power of life and death over his Captives and therefore where he giveth them themselves he may reserve upon such a gift what service and subjection he will All these foure submissions are evident to be naturall and more ancient than law To speake therefore of Law which is the second part of that which is to be spoken of by way of inducement Law no doubt is the great Organ by which the soveraigne power doth move and may be truly compared to the sinewes in a naturall body as the Soveraignty may be compared to the spirits for if the Sinewes be without the spirits they are dead and without motion If the spirits move in weake sinewes it causeth trembling so the lawes with out the Kings power are dead the Kings power except the lawes be corroborate will never move constantly but be full of staggering and trepidation But towards the King himself the law doth a double office or operation The first is to entitle the King or designe him and in that sense Bracton saith well Lib. 1. fol. 5. and Lib. 3. fol. 107. Lex facit quod ipse sit Rex that is it defines his title as in our law that the kingdome shall goe to the issue female That it shall not be departable amongst daughters That the halfe bloud shall not be respected and other points differing from the rules of common inheritance The second is that whereof we need not feare to speake in good and happy times such as these are to make the ordinary power of the King more definite or regular for it was well said by a Father plenitudo

in some degree by vertue of the vnion in the Kings person ● if this statute had 〈◊〉 beene made to stop crosse the course of the common Law in that point as if Scotland now should be suitors to the King that an Act might passe to like effect and upon like feare And therefore if you will make good your distinction in this present case shew us a Statute for that But I hope you can shew no Statute of separation betweene England and Scotland And if any man say that this was a Statute declaratory of the Cōmon Law he doth not marke how that is penned for after a kind of Historicall declaration in the Preamble that England was never subject to France the body of the Act is penned thus The King doth grant and establish which are words meerly introductive novae legis as if the King gave a Charter of Franchise and did invest by a Donative the Subjects of England with a new Priviledge or exemption which by the Cōmon Law they had not To come now to the booke-cases which they put which I will couple together because they receive one joynt answere The first is 42. of E. 3. fo. where the booke saith exception was taken that the plaintife was borne in Scotland at Rosse out of the allegeance of England The next is 22. H. 6. fo. 38. Adrians Case where it is pleaded that a woman was borne at Burgis out of the allegeance of England The third is 13. Eliz. Dyer fo. 300 where the case begins thus Doctor Story qui notorie dignoscituresse subditus regni Angliae In all these three say they that is pleaded that the party is subject of the Kingdome of England and not of the King of England To these bookes I give this answer that they be not the Pleas at large but the words of the Reporter who speakes compendiously and narrative and not according to the solemne words of the pleading If you find a case put that it is pleaded a man was seized in Fee simple you will not inferre upon that that the words of the pleading were in fe●do simplici but sibi haeredibus suis But shew mee some president of a pleading at large of Natus sub legeantia Regni Angliae for whereas Mr. VValter said that pleadings are variable in this point he would faine bring it to that but there is no such matter For the pleadings are constant and uniforme in this point they may vary in the word fides or legeantia or obedientia and some other circumstances but in the forme of Regni and Regis they vary not neither can there as J am perswaded be any one instance shewed forth to the contrary See 9. Eliz. 4. Baggots Assize f. 7. where the pleading at large is entred in the booke There you have alienigena natus extra legeantiam domini Regis Angliae See the presidents in the Booke of Entries Pl. 7. and two other places for there be no more and there you shall find still sub legeantia domini Regis or extra legeantiā Domini Regis And therefore the formes of pleading which are things so reverend and are indeed towards the Reasons of the Law as Palma and Pugnus conteyning the Reason of the Law opened or unfolded or displayed they makeall for us And for the very words of Reporters in bookes you must acknowledge and say Ilicet obruimur numera for you have 22 Ass. Pl. 25. 27. 〈◊〉 the Pryor of Ske●●es case Pl. 48. 14. H. 4. f. 19. 3. H. 6. f. 35. 6. H. 8. in my Lord Dyer fol. 2. In all these bookes the very words of the Reporters have the allegeance of the King and not the allegeance of England And the booke in the 24. of Eltz. 3. which is your best booke although while it is tossed at the Bar you have sometimes the word allegeance of England yet when it comes to Thorpe chiefe Iustice to give the rule he faith we will be certified by the Role whether Scotland be within the allegeance of the King Nay that further forme of pleading beateth downe your opinion That it sufficeth not to say that he is borne out of the allegeance of the King and stay there but he must shew in the affirmative under the allegeance of what King or state he was borne The Reason whereof cannot be because it may appeare whether he be a friend or an enemy for that in a reall action is all one not it cannot be because issue shal be taken thereupon for the issue must arise on the other side upon indigena pleaded and traversed And therefore it can have no other reason but to apprise the court more certainly that the countrey of the birth is none of those that are subject to the King As for the tryall that it should be impossible to de tryed I hold it not worth the answering for the ovenire facias shall goe either where the naturall birth is laid although it be but by fiction or if it be laid according to the truth it shal be tryed where the action is brought otherwise you fall upon a maine Rock that breaketh your Argument in pieces for how should the birth of an Irish-man be tryed or of 2 Gersie man Nay how should the birth of a subject be tryed that is borne of English Parents in Spain or Florence or any part of the world for to all these the like objection of tryall may be made because they are within no Counties and this receives no answer And therefore I will now passe on to the second maine Argument It is a rule of the Civill Law say they cum duo jura c. when two rights doe meete in one person there is no confusion of them but they remain still in eye of law distinct as if they were in severall persons and they bring examples of one man Bishop of two Seas or one person that is Rector of two Churches They say this unity in the Bishop or the Rector doth not create any privity between the Parishioners or Dioceseners more then if there were severall Bishops or severall Parsons This rule I allow as was said to be a Rule not of the Civill Law onely but of common reason but receiveth no forced or coyned but a true and sound distinction or limitation which is that it evermore faileth and deceiveth in cases where there is any vigor or operation of the naturall person for generally in coporations the naturall body is but suffulcimentum corporis corporati it is but as a stock to uphold and beare out the corporate body but otherwise it is in the case of the Crown as shall be manifestly proved in due place But to shew that this rule receiveth this distinction I will put but two cases The statute of the 21. Hen. 8. ordaineth that a Marquesse may retaine sixe Chaplaines qualified a Lord Treasurer of England foure a Privie Counsellour three The Lord Treasurer Paulet was Marqueffe of Winchester Lord

into Parliament by the Commons That Infants borne beyond the Seas in the Seignories of Callice and elsewhere within the lands and Seignories that pertain to our Soveraign Lord the King beyond the Seas bee as able and inheritable of their heritage in England as other Infants borne within the Realme of England it is accorded that the Common-law and the Statute formerly made be holden Upon this Act J inferre thus much first that such as the Petition mentioneth were naturalized the practice shewes Then if so it must be either by Common-law or Statute for so the words report not by Statute for there is no other statute but 25. of E. 3. and that extends to the case of birth out of the Kings obedience where the Parents are English Ergo it was by the Common-law for that onely remaines And so by the Declarations of this statute at the Common-law All Infants borne within the Lands and Seignories for I give you the very words againe that pertaine to our Soveraigne Lord the King it is not said as are the Dominions of England are as able and inheritable of their heritage in England as other Infants borne within the Realme of England what can be more plaine And so I leave Statutes and goe to Presidents for though the one doe bind more yet the other sometimes doth satisfie more For presidents in the producing using of that kind of proofe of all others it behoveth them to be faithfully vouched for the suppressing or keeping back of a circumstance may change the case and therefore J am determined to urge only such presidents as are without all colour or scruple of exception or objection even of those objections which I have to my thinking fully answered confuted This is now by the Providence of God the fourth time that the line and Kings of England have had Dominions Seignories united unto them as Patrimonies and by descent of bloud foure unions I say there have bin inclusive with this last The first was of Normandy in the person of William commonly called the Conqueror The 2d was of Gascoyne and Guienne and Anjou in the person of K. Hen. the 2d in his person I say though by severall titles The 3. was of the Crowne of France in the person of K. Edw. the third And the 4th of the Kingdome of Scotland in his Majesty Of these I will set aside such as by any cavillation can be excepted unto First J will set aside Normādy because it will be said that the difference of countryes accruing by conquest from countryes annexed by descent in matter of Communication of priviledges holdeth both wayes as well of the part of the conquering Kingdome as the conquered And therfore that although Normandy was not conquest of England yet England was a conquest of Normandy and so a communication of priviledges between them Againe set aside France for that it will be said that although the King had a title in bloud and by descent yet that title was executed and recovered by Armes So as it is a mixt title of conquest descent and therefore the President not so cleare There remaines then Gascoyne Anjou and that president likewise I will reduce and abridge to a time to avoid all question For it will bee said of them also that after they were lost and recovered in ore gladii that the antient title of bloud was extinct that the King was in upon his new title by conquest Mr. Walter had found a book case in 13. of H. 6. abridged by Mr. Fitz-Herbert in title of protection placito 56. where a protection was cast ●uia profecturus in Gasconiam with the Earlo of Huntingdon and challenged because it was not a voyage royall the Justices thereupon required the sight of the cōmission which was brought before them purported power to pardon Felouies treason power to coyn money power to conquer them that resist wherby M. Walter finding the word conquest collected that the Kings title at that time was reputed to bee by Conquest wherein I may not omit to give Obiter that Answer which Law and Truth provideth namely that when any King obreyneth by warre a Countrey whereunto he hath right by Birth that hee is ever in upon his Antient Right not upon his purchase by Conquest and the Reason is that there is as well a Judgement and recovery by Warre and Armes as by law and course of Justice for war is a tribunall seat wherein God giveth the judgment the tryall is by battaile or Duell as in the case of tryall of private right and then it followes that whosoever commeth in by eviction comes in his remitter so as there will bee no difference in Countreyes whereof the right commeth by descent whether the possession be obtained peaceably or by war but yet neverthelesse because I will utterly take away all manner of evasion subterfuge I will yet set apart that part of time in and during the which the subjects of Gascoyne Guyenne might bee thought to be subdued by a reconquest And therefore I will not meddle with the Prior of Shellies case though it be an excellent case because it was in that time 27. of E. 3. neither will I meddle with any cases records or presidents in the time of King H. 5. or King H. 6. for the same reason but will hold my selfe to a portion of time from the first uniting of these Provinces in the time of King H. 2. untill the time of K. Iohn At what time those Provinces were lost and from that time againe unto the 17. yeere of the Reigne of K. Edw. 2. at what time the Statute of proerogativa Rogis was made which altered the law in the point in hand That both in these times the Subjects of Gascoyn and Guyenne and Anjou were naturalized for inheritance in England by the lawes of England I shall manifestly prove and the proofe proceeds as to the former time which is our case in a very high degree a minore ad majus and as we say a multo fortiore For if this priviledge of naturalization remained unto them when the Countreyes were lost and became subjects in possession to another King much more did they enjoy it as long as they continued under the Kings subjection Therefore to open the State of this point After these Provinces were through the perturbations of the State in the infortunate time ofK. Iohn lost and severed the principall persons which did adhere unto the French were attainted of Treason and their efcheats here in England taken and seized But the people that could not resist the tempest when their Heads and Leaders were revolted continued inheritable to their possessions in England and reciprocally the people of England inherited and succeeded to their possessions in Gascoyne and were both accounted ad fidem utriusque Regis untill the Statute of Proerogativa Regis wherein the wisdome and justice of the Law