Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	king_n	time_n	3,467	5	3.5652	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59386	Rights of the kingdom, or, Customs of our ancestors touching the duty, power, election, or succession of our Kings and Parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the British, Saxon, Norman laws and histories, with an occasional discourse of great changes yet expected in the world.	Sadler, John, 1615-1674.	1682 (1682)	Wing S279; ESTC R11835	136,787	326

quo Lanfrancus diratiocinatur and the conclusion that he was to hold his Lands and Customs by Sea and Land as free as the King held his ezcept in three things si regalis via fuerit effossa arbor incisa juxta super eam ceciderit si homicidium factum sanguis in ea fusus fuerit Regi dabit alioquin liber a Regis exactoribus In the same Author were read of a Great Counsel at London in that Normans Reign and of another at Glocester where the Arch Bishop of York jubente Rege et Lanfranco consentiente did consecrate William Bishop of Durham having no help adjunctorium from the Scottish Bishops subject to him which may be added to that before of Scotland belonging to the Province or Diocesse of York Nor can I abstain from the next paragraph in the same Author how Lanfranc did consecrate Donate a Monk of Canterbury ad Regnum Dubliniae at the Request of the King Clergy and people of Ireland Petente Rege clero populo Hiberniae which with divers others might be one Argument for the Antiquity of Irish Parliments and their dependance on England long before King Henry the Second For which I might also cite King Edgars Charters Oswalds Law and divers Historians of his times But the Charters mention Dublin it self and yet our Lawyers are so Courteous as to free Ireland from our Laws and Customs till towards the end of King Iohn and some of them conjecture that the Brehon Law came in again and that our Parliament obliged them not till Poynings Law in Henry the seventh But to return to our Norman King I need not beg proofs of Parliaments in his time at least not to those who know the Priviledge of antient Demesne which therefore is free from sending to Parliaments and from Knights Charges and Taxes of Parliament because it was in the Crowns not only in King William but before him in King Edward and the Rolls of Winchester for which the old Books are very clear with divers Records of Edward the third and Henry the fourth besides natura brevium That I say nothing of the old Tractat. de antiquo Dominico which is stiled a Statute among our English Statutes And besides all the late Reports or Records I find it in the Year Books of Edward the Third that he sued a Writ of Contempt against the Bishop of Norwich for encroaching on Edmondsbury against express Act of Parliament By King William the Conqueror and by the Arch-Bishop of Canterbury and all the other Bishops Counts and Barons of England It is 21 of Ed. 3. Mich. fol. 60. Title 7. Contempt against an Act of Parliament This might well be one of the reasons why the great Judge giveth so much credit to the old Modus of Parliament as it was held in the time of King Edward the Confessor which as the antient copy saith was by the discreet men of the Kingdom recited before King William the Norman and by him approved and in his time used I have cited it before and compared it with Irish Modus which my much honoured friend Mr. Hackewil one of the Masters of Chancery hath under his hand attested from the Great Seal and Charter of Henry the fourth which himself hath seen reciting a former Charter of King Henry R. Angliae Hiberniae conquestor Dominus who sent the same Modus into Ireland Where himself or his Son Iohn sans terre had no great work to reduce them to the civility of Parliaments To which they had been long before accustomed and the Roll saith communi omnium de Hibernia consensu teneri statuit c. nor doth the division of the Irish-Shires seem so lately setled as some have thought although I may not dissent from the great Patron of Civill and Ecclesiastical Learning the late Primate of Ireland Touching that Irish Modus I have very little to add to the fourth part of the great Institutes in several places I shall now only observe that both these old Modi of Parliaments do agree in this Custom of the Kingdom that the King should require no Ayd but in full Parliament and in Writing to be delivered to each in degree Parliament And both they agree that every new difficult case of Peace and any war emergent within or without the Kingdom vel Guerre emergat in Regno vel extra ought to be written down in full Parliaments and therein to be debated which may be considered by all that will argue the Militia To which also we may add one clause of the Jewish Laws of their great Sanhedrim to whom they retain the power of Peace and War especially where it is Arbitrary and not meerly defensive in which the Law of nature maketh many Magistrates and this might with ease be confirmed from the Laws and Customs of all Civil Kingdoms in all ages But I must not wander from our English Laws I had almost forgotten that which should be well remembred Although many would perswade us to seek our Laws in the Custumier of Normandy it is not only affirmed in the Great Reports but also asserted by Guil de Rovell Alenconien and proved by divers Arguments in his Commentaries on that Grand Custumier that the Normans had their chief Laws from Hence As had also the Danes in the time of Canute for which we might have more proof and witness than the Abbot of Crowland So much even strangers did Love and Honour old English Laws Of King William the Second Sirnamed Rufus I shall speak but little for I must discuss his Election and Coronation Oath in a fitter place Some footsteps we find of his Parliaments in divers Wigornensis and Hoveden tell us that when he would have constrained the Scottish King ut secundum judicium Baronum suorum in curia sua Rectitudinem ei faceret Malcolm did refuse to do it but in the Confines or Marches Where he could not deny but the Kings of Scotland were accustomed rectitudinem facere regibus Angliae But he then said it ought to be by the Iudgement of the Parliaments of both Kingdoms secundum judicium utriusque Regni primatum And I find the like Record cited on Fortescue from Godfrey of Malmsbury But Huntingdon and Matthew Paris also relate that the same King Malcolm did submit both to do Homage and to swear Fealty to our English King and Paris addetth a pretty Story of King Malcolms overlooking Treason But again to King William Of his Errors in Government I shall only say that if Edom did really signified Red as hath been thought I could believe that all Historians speaking of Adamites then oppressing the People might allude to the near affinity between Edom and Rufus for Red. For this was his Sirname of King William the Second Henry the First is yet alive in his Laws and Charters Not only in Wendover with other Historians but among the Rolls and Records yet to be seen in the Exchequer They are now in Print

call it and the Barons of Wars Or the time of the great Charter For since that time the Rolls and Printed Acts are every where much larger and much better than my little reading or my leasure can present them Two words have sound of horror to the People who are taught to think them both oppressions and the sins of him they call the Conqueror Dane-geld and the Book of Dooms-day Some have added Curfeu with I know not what to make poor Children quake These have been proved to be long before the Normans coming in To that of Dane-geld I may add that good King Edward did also retain it to his Coffers when the Danish Storm was over till he saw the Devil dance upon it As the Crouland Abbot doth Record But it did rise from one to three to four to six shillings on the Hide but so by Parliament as may be much collected from the 11th Chap. of King Edwards Laws compared with Florence of Worcester Hoveden Huntingdon Math. Paris and Math. of Westminster besides some others which we must produce e're long And to say nothing of eleemosyne pro Aratris of which Canute and Ethelred it is clear in King Ethelstanes Laws that single Hides or Ploughlands in England were to maintain two Horsemen with Arms by Act of Parliament And this was more it seems than ever was King Williams Hydage or Dane-geld Which may be added to King Ethelstanes Militia as also his Doom book for all Judgments in one Form of which his Laws speak to what is said of Booca Doom But to King Williams Doomsday I shall now add to what before that besides the Mirror and Fitz-Herberts N. B. with the old Abbot of Crouland There is enough in every segment of that Roll to make one know it was a Review and little but a Review of what was done before They do abuse us else that bid us read the T. E. R. in all that Roll Tempore Edwardi Regis plain enough sometimes without all Divination That it was also confirmed by Parliament may be clear enough from the many exemptions a servitio Regis and a Vice-comit Nay to some inferiour places as Ely and Worcester Besides old Crowland which was not exempted from such service till the latter Saxon or first Normans time though Ingulph spake of divers Ethelreds But the same Abbot will tell us that this Doom Book was now also made juxta Taxatorum fidem qui Electi de qualibet Patria c. And that his Taxors were both kind and merciful non ad verum pretium nec ad verum spatium c. So preventing future Burthens and Exactions Talem Rotulum multum similem ediderat quondam Rex Alfredus c. But Alfreds own Will seemeth to carry it higher Nor was Ingulph's favour at the Court altogether useless for by that we come to know that our Norman King even in little things proceeded by a Great Councel So that our Abbots Charters must be viewed by Parliment Coram Domino meo Rege ac universo Concilio c. Thence he brought St. Edward's Laws as was observed before Huntingdon and Matthew Paris with Matthew of Westminster spake of his Hydage and Dooms-day as done with great Advice and Justice Misit Iusticiarios per unamquamque scyram inquirere fecit per jusjurandum quot Hydae i. e. jugera uni Aratro sufficientia per annum essent in unaquaque c. Nor are they wholy silent of his Parliaments Cum de more tenuisset curiam suam in Natali ad Gloucestriam and again at Winchester the like at London in another season Tilburiensis telleth us that Mony was paid to the Crown by Cities and Castles that used no Tillage But from the Land or Farms only Victuals till Henry the first And when the Kings foreign Wars did make him press for ready Mony the people murmured offering their Plowshares Horum igitur Querelis inclinatus Rex by advice of his Great council definito magnatum Concilio he sent out discreet prudent men that upon view of all the Lands should assesse the sums which the Sheriffs were to pay into the Exchequer This Gervase lived a while after King William Florence of Worcester near his Reign he telleth us of a Great Councel at Winchester And again of another at a place called Pedred not only by the King Arch-Bishops Bishops Earls but also primatibus totius Angliae a full Parliament for which Florilegius and Walsingham Newstria may be considered with Hoveden following Wigornens That in his Reign there was an High Constable of England ceasing in Henry the Eight appeareth by the Parliament Rolls of Edward the Fourth but Alfigar in the Book of Ely was such in St. Edwards time and to Him some ascribe the Constable of Dover with the Warden and Priviledge of the Cinque Ports with their Hamlets or Circuit including Rye and Winchelsey But all this speaketh Parliament as doth also his New Church Priviledge Communi Concilio Archiep. Episcop Abbat omnium Principum Regni mei Yet to be seen not only at Sir Robert Cottons Jewel House but among the Rolls with King Richards Charters for the Dean and Chapter of Lincoln This exemption of the Church from Seculars c. is the more considerable because it came up with the Norman King at the time of Hildebrand whose Letters missive came hither ad Willielmi Regis Concilium And that this Councel was a full Parliament appeareth by the Charters as I may call them of the Arch-Bishop of York ex praecepto Papae Gregorii 7. and Confirmatione Domini Willielmi Regis sub Testimonio Universalis Anglorum Concilii c. Of which Roger Hoveden is clear telling us also that this King summoned the Arch Bishops Bishops Abbots Counts Barons Vice Comit. cum suis Militibus were these Knights of Shires To this I may add from the Continuer of the Saxon Chronology that Lanfranc came hither from Caen on the Kings call and the Popes Command primatum Regni Anglorum in Ecclesia Cant. suscepit eligentibus eum Senioribus cum Episcopis principibus clero Populo Angliae in curia Regis a very clear and full Parliament Nor may I so wrong our Common Law as to detain that antient Record which the great Judg in his Reports citeth of a Writ of Right brought by this Lanfranc against Odo Bishop of Bajeux and removed by a Toll into the County Court where the King commanded all the good Lawyers to attend the County a toto Comitatu Recordatum atque judicatum est That as the King held his Lands in His Demesn in Dominio suo so was the Arch Bishop to hold his omnino liberas quietas in Dominiquo suo which Judgment was afterward confirmed by the King and Parliament cum consensu omnium principum suorum With which Record I may compare the old Manuscrips in Bennets Coll. Cambridge telling us of a great Moot magnum placitum in loco qui dicitur Pinenden in