Selected quad for the lemma: cause_n
Text snippets containing the quad
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A31570
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Angliæ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1
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Chamberlayne, Edward, 1616-1703.
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1669
(1669)
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Wing C1819; ESTC R212862
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111,057
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538
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another it is to protect and govern his People so that they may if possible lead quiet and peaceable lives in all Godliness and Honesty under him Or more particular as is promised at the Coronation to preserve the Rights and Priviledges of the Church and Clergy the Royal Prerogatives belonging to the Crown the Laws and Customs of the Realm to do Justice shew Mercy and keep Peace and Vnity c. The King for the better performance of this great and weighty Office hath certain Jura Majestatis extraordinary Powers Preeminencies and Priviledges inherent in the Crown called antiently by Lawyers Sacra Sacrorum and Flowers of the Crown but commonly Royal Prerogatives whereof some the King holds by the Law of Nations others by Common Law excellent above all Laws in upholding a free Monarchy and exalting the Kings Prerogative and some by Statute Law The King only and the King alone by his Royal Prerogative hath Power without Act of Parliament to declare War make Peace send and receive Ambassadours make Leagues and Treaties with any Foreign States give Commissions for levying Men and Arms by Sea and Land or for pressing Men if need require dispose of all Magazines Ammunition Castles Fortresses Ports Havens Ships of War and Publick Moneys hath the sole Power to coyn Money appoint the Mettal Weight Purity and Value thereof and by his Proclamation make any Foreign Coyn to be lawful Money of England By his Royal Prerogative may of his meer Will and Pleasure Convoke Adjourn Prorogue Remove and Dissolve Parliaments may to any Bill passed by both Houses of Parliament refuse to give without rendring any reason his Royal Assent without which a Bill is as a Body without a Soul May at pleasure encrease the number of the Members of both Houses by creating more Barons and bestowing Priviledges upon any other Towns to send Burgesses to Parliament May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit and may refuse to send his Writ to others that have sate in former Parliaments Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea the choice and nomination of all Magistrates Counsellors and Officers of State of all Bishops and other High Dignities in the Church the bestowing of all â—onours both of higher and of â—â—wer Nobility of England â—he Power of determining Reâ—ards and Punishments By His Letters Patents may â—ect new Counties Bishopricks â—niversities Cities Burroughs â—â—lledges Hospitals Schools â—airs Markets Courts of Juâ—â—ice Forests Chases Free â—arrens c. The King by his Prerogative â—â—th power to enfranchise an â—lien and make him a Denison â—hereby he is enabled to purâ—â—ase Leases of Houses and â—ands and to bear some Offiâ—es Hath power to grant Letâ—rs of Mart or Reprisal The King by his Prerogaâ—ive hath had at all times the â—ight of Purveyance or Preemption of all sorts of Victuaâ— neer the Court and to talâ— Horses Carts Boats Ships for his Carriages at reasonabâ—â— rates also by Proclamation 〈◊〉 set reasonable rates and pricâ— upon Flesh Fish Fowl Oaâ— Hay c. which his Majesâ—â— now raigning was pleased to exchange and in liew thereof 〈◊〉 accept of some other recompence Debts due to the King are the first place to be satisfied 〈◊〉 case of Executorship and Admiâ—nistratorship and until thâ— Kings Debt be satisfied he maâ—â— Protect the Debtor from the arrest of other Creditors May distrain for the whoâ— rent upon one Tenant that holdâ—eth not the whole land maâ— require the Ancestors Debt 〈◊〉 â—he Heir though not especiâ—ly bound is not obliged to â—â—mand his rent as others are â—â—ay sue in what Court he â—â—ease and distrain where he 〈◊〉 No Proclamation can be â—ade but by the King No Protection for a Defenâ—ant to be kept off from a Suit â—t by him and that because 〈◊〉 is actually in his Service He only can give Patents in â—se of losses by Fire to reâ—ive the Charitable Benevolenâ—s of the People without â—hich no man may ask it pubâ—â—kly No Forest Chase or Park 〈◊〉 be made nor Castle to be â—uilt without the Kings Auâ—â—ority The sale of his Goods in a open Market will not take awaâ— his property therein His Servants in ordinary aâ— priviledged from serving in an Offices that require their attendance as Sheriff Constable Churchwarden c. All Receivers of Money for the King or Accomptaâ—â— to him for any of his Revenueâ— their Persons Lands Goods Heirs Executors Administrators are chargeable for thâ— same at all times for Nulluâ— tempus occurrit Regi His Debtor hath a kind 〈◊〉 Prerogative remedy by a Qâ—minus in the Exchequer against all other Debtors or any against whom they have anâ— Cause of Personal Action supposing that he is therebâ— â—isabled to pay the King and 〈◊〉 this Suit the Kings Debtor â—eing Plaintiff hath some Priâ—iledges above others In Doubtful Cases Semper â—â—aesumitur pro Rege No Statute restraineth the King except he be especially â—amed therein The quality of his Person alters the Descent of Gavelkind the Rules of Joynt Tenaney no Estopel can bind him nor Judgment final in a Writ of Right Judgments entred against the Kings Title are entred with a Salvo Jure Domini Regis that if at any time the Kings Council at Law can make out his Title better that Judgement shall not prejudice him which is not permitted to the Subject The King by his Prerogativâ— may demand reasonable Aid Money of his Subjects to Knighâ— his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of 〈◊〉 years which reasonable Aid is Twenty Shillings for every Knights Fee and as much for every Twenty Pound a year in Socage Moreover if the King be taken Prisoner Aid Money is to be paid by the Subjects to set him at liberty The King upon reasonable causes him thereunto moving may protect any man against Suits at Law c. In all Cases where the King is party his Officers with an arrest by force of a Process at Law may enter and if entrance be denied may break open the â—ouse of any man although â—ery mans House is said to be 〈◊〉 Castle and hath a priviâ—â—dge to protect him against all â—her Arrests A Benefice or Spiritual Liâ—ng is not full against the King 〈◊〉 Institution only without Inâ—â—ction although it be so against Subject None but the King can hold â—â—ea of false judgments in the â—ourt of his Tenants The King of England by his â—rerogative is Summus Regni â—ustos and hath the Custody â—f the Persons and Estates of â—uch as for want of understanding â—annot govern themselves 〈◊〉 or â—erve the King so the Persons â—nd Estates of Ideots and Luâ—aticks are in the Custody of â—he King that of Ideots to his own use and that of Luâ—naticks to the use of the nexâ— Heir So the Custody or Wardâ—â—ships of all such Infants whoâ— Ancestors held their Lands bâ— Tenure in Capite or Knight service were
Freeholders which are so called because they hold Lands or Tenements inheritable by a perpetual Right to them and their heirs for ever there are in England a very great number of Copyholders who hold Lands within some Mannors only by Copy of Court Roll of the said Mannour c. have Jus perpetuum utile Dominium though not Allodium directum Dominium which none in England but the King hath Amongst the Commons of England in the next place are reckoned Tradesmen amongst whom Merchants of Forrein Trafick have for their great benefit to the publick for their great Endowments and generous living been of best repute in England and although the Law of England look upon Tradesmen and Chapmen that live by buying and selling as a baser sort of people and that a Ward within age may bring his Action of Disparagement against his Guardian for offering any such in Marriage yet in England as well as Italy to become a Merchant of Forreign Commerce without serving any Apprentisage hath been allowed as no disparagement to a Gentleman born especially to a younger Brother Amongst Tradesmen in the next place are Whole-sale-men then Retailers lastly Mechanicks or Handy-crafts-men These are all capable of bearing some Sway or Office in Cities and Towns Corporate The lowest Member the Feet of the Body Politique are the Day-Labourers who by their large Wages given them and the cheapness of all Necessaries enjoy better Dwellings Diet and Apparel in England than the Husbandmen do in many other Countries Liberties and Properties As the Clergy and Nobility have certain Priviledges peculiar to themselves so they have Liberties and Properties common to the Commonalty of England The Commons of England for hereditary fundamental Liberties and Properties are blest above and beyond the Subjects of any Monarch in the World First No Freemen of England ought to be imprisoned or otherwise restrained without cause shewn for which by Law he ought to be so imprisoned Secondly To him that is imprisoned may not be denied a Writ of Habeas Corpus if it be desired Thirdly If no cause of Imprisonment be alledged and the same be returned upon an Habeas Corpus then the Prisoner ought to be set at Liberty Fourthly No Soldiers can be quartered in the House of any Freeman in time of Peace without his will though they pay for their quarters Fifthly Every Freeman hath such a full and absolute propriety in Goods that no Taxes Loans or Benevolences can be imposed upon them without their own consent by their Representative in Parliament Moreover They have such an absolute Power that they can dispose of all they have how they please even from their own Children and to them in what inequality they will without shewing any cause which other Nations governed by the Civil Law cannot do Sixthly No Englishman may be prest or compelled unless bound by his Tenure to march forth of his County to serve as a Souldier in the wars except in case of a Forreign Enemy invading or a Rebellion at home Nor may he be sent out of the Realm against his will upon any forreign Employment by way of an honourable Banishment Seventhly No Freeman can be tried but by his Peers nor condemned but by the Laws of the Land or by an Act of Parliament Eighthly No Freeman may be fined for any Crime but according to the merit of the Offence alwayes salvo sibâ— contenemente suo in such manner that he may continue and go on in his Calling Briefly If it be considered only that they are subject to no Laws but what they make themselves nor no Taxes but what they impose themselves and pray the King and Lords to consent unto their Liberties and Properties must be acknowledged to be transcendent and their worldly condition most happy and blessed and so far above that of the subjects of any of our Neighbour Nations that as all the Women of Europe would run into England the Paradise of Women if there were a Bridge made over the Sea so all the Men too if there were but an Act for a general Naturalizati-of all Aliens Of the Women Children and Servants of England TOuching the Women of England there are divers things considerable in the English Laws and Customs Women in England with all their Moveable Goods so soon as they are married are wholly in potestate viri at the will and disposition of the Husband If any Goods or Chattels be given to Feme Covert to a Married Woman they all immediately become her Husbands She cannot let set sell give away or alienate any thing without her Husbands consent Her very Necessary Apparel by the Law is not hers in property If she hath any Tenure at all it is in Capite that is she holds it of and by her Husband who is Caput mulieris and therefore the Law saith Uxor fulget radiis mariti All the Chattels personal the Wife had at the Marriage is so much her Husbands that after his death they shall not return to the Wife but go to the Executor or Administrator of the Husband as his other Goods and Chattels except only her Parapherna which are her Necessary Apparel which with the consent of her Husband she may devise by Will not otherwise by our Law because the property and possession even of the Parapherna are in him The Wife can make no Contract without her Husbands consent and in Law matters sine viro respondere non potest The Law of England supposeth a Wife to be in so much Subjection and Obedience to her Husband as to have no will at all of her own Wherefore if a Man and his Wife commit a felony together the Wife by the Law can be neither Principal nor Accessory the Law supposing that in regard of the subjection and obedience she owes to her Husband she was necessitated thereunto The Law of England supposes in the Husband a power over his Wife as over his Child or Servant to correct her when she offends and therefore he must answer for his Wives faults if she wrong another by her Tongue or by Trespass he must make satisfaction So the Law makes it as high a Crime and allots the same punishment to a Woman that shall kill her Husband as to a Woman that shall kill her Father or Master and that is Petty Treason and to be burnt alive So that a Wife in England is de jure but the best of Servants having nothing her own in a more proper sense than a Child hath whom his Father suffers to call many things his own yet can dispose of nothing The Woman upon Marriage loseth not onely the power over her person and her will and the property of her Goods but her very Name for ever after she useth her Husbands Surname and her own is wholly laid aside which is not observed in France and other Countries where the Wife subscribes her self by her Paternal Name as if Susanna the Daughter of R. Clifford be married