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	lord_n	parliament_n	4,338	5	6.4183	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26172	Jani Anglorum facies nova, or, Several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of William the First, to the forty ninth of Henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in King John's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned.	Atwood, William, d. 1705?	1680 (1680)	Wing A4174; ESTC R37043	81,835	173

is not improbable that the disposition of this Honour of receiving particular Writs of Summons to Parliament might have been lodg'd in the breast of the King who is the Fountain of Honour nor is it likely that any Earl but he that justly forfeited the Kings favour would have been denied it however he were deprived of no natural Right Since the 11th of Richard the Second indeed the Nobility have had settled Rights by Patents which are as so many constant Warrants for the Chancellor to issue out the Writs of Summons Ex debito justitiae with this agrees the great Antiquary Sir Henry Spelman Sic antiquae illa Baronum dignitas secessit in titularem arbitrariam regioque tandem diplomate id circo dispensata est Upon the dissolution of the separate Court of Tenants the Tenants still succeeding to that jurisdiction and preference in the way of being call'd to the great Court which they had in and to the less without such a provision as Mr. Camden takes notice of I will grant that the Majores Barones holding in chief ex debito justitiae would have had right to special Summons but the lesser Tenants had the same Right to a general Summons and the Right of being represented as properly concluded the one as the other unless where the King had exerted his Prerogative But where the King ex tantâ multitudine Baronum differing in their circumstances some holding of him immediately others of measn Lords and his very Tenants being divided into two different Classes of Majores and Minores advanc'd some to be of his particular Council in Parliament This with submission I take it made them not Judges in Parliament eonomine because a Court may amerce its own Members but Counts and Barons by Magna Charta are not amerceable but by their Peers and therefore none but their Peers could without their own consent be of the Court with them which though they might be with consent as to all Acts amongst themselves still it would be a question how far they might without particular Patent or Writ creating them to such Honour act in that Station to the prejudice of others That special Summons to Parliament without a Seat there granted and settled by the King gives no man Vote amongst those who now have Right to such Summons appears in that the Judges and Masters in Chancery have had the same Writs with the Lords and yet are and have been but assistants to them no Members of their House The great Tenents in Chief and others in equal Circumstances were Pares to one another and if such an one was chose Knight of a Shire though the Lord Coke says the King could not grant a Writ to Supersede his coming that was so chose because 't was for the good of the Commonwealth yet he being look'd upon as one that ordinarily would be specially Summon'd the King might supersede it and thus we find even before any settled Right by Patent Rex Vicecomiti Surria salutem quia ut accepimus tu Thomam Camoys Chivaler qui Banneretus est sicut quam plures antecessorum suorum extiterint ad essendum Unum militum venientium ad proximum Parliamentū nostrū pro Coōmunitate Comitatus praedicti de assensu ejusdem Comitatus elegisti nos advertentes quod hujusmodi Banneretti ante haec tempora in Milites Comitatus ratione alicujus Parlamenti eligi minimè consueverunt ipsum de officio Militis ad dictum Parlamentum pro communitate Com ’ praedict venturi exonerari volumus c. When Tenants in Chief oreorum Pares werce call'd by special Writ they very properly exercised the same jurisdiction which Tenants did before in their separate Court In the 5th of Richard the Second many having refused attendance and not owning themselves liable to amercements because of absence if Tenure laid not a special obligation upon them comes an Act of Parliament which makes it penal to refuse or rather delares that the Law was so of old All singular Persons and Communalties which from henceforth shall have the Summons of Parliament shall come from henceforth to the Parliament in the manner as they be bounden to do and hath been accustomed within the Realm of England of old times and every Person of the same Realm which from henceforth shall have the said Summons be he Arch-Bishop Bishop Abbot Prior Duke Earl Baron Banneret Knight of the Shire Citizens of City Burgeis of Burgh or other singular Person or Commonalty do absent himself and come not at the said Summons except he may reasonably and honestly excuse himself to our said Sovereign Lord the King he shall be amerced and otherwise punished as of old times hath been used to be done in the said Realm in the said Case This shews that of old time they who were Summon'd by the King or chose by the People ought to come to Parliament but this being before any Patent or Writ of Creation to the Dignity of Peer and to a Seat in Parliament supposes no obligation upon the King to give any special Summons indeed where he had granted Charters of exemptions from common Summons there he had oblig'd himself if he would have them oblig'd by what pass'd to give special Summons were it not that they might have been chose in the Counties particularly which alters the case from what it were if every body came or might come in their own Persons some by special others by general Summon's but this exemption and particular Summon's after it made none Peers that they found not so but they that came were to come as they were Bounden and insuch manner as had been accustomed of old Which is pregnant with a negative as if it were in such manner and no other Manner Quality or Degree and thus they us'd that to come as assistants to the Lords continue even at this day to come in the same manner and no otherwise notwithstanding particular Writs of Summon's eodem modo as to the Lords of Parliament This is further observable that in the forecited Statute and Records Bannerets are spoken of as above Knights of the Shire and these were certainly some of the Pares Baronum which often occur to us If these receiv'd their Summons to Parliament it seems as it had been of old accustomed they were to have Voices with the Barons It may be urg'd That they which held by Barony and their Peers Pares Baronum were by the Law exempted from being of Common Juries because they were Lords of Parliament And therefore they were to come of course and right To which it may be answerered That is a priviledge above the rest of their Fellow Subjects to be own'd by them as being in common intendment likely to be call'd to Parliament and therefore so accounted by the courtesy of England but what do's this signifie to bind the King who is above the reach of an Act of Parliament unless

particularly nam'd But for this a resolution by all the Judges of England in the Reign of Hen. the 8th is a full Authority where 'T is adjudged that the King may hold his Parliament without such Lords as come onely upon the account of their Possessions The same in effect Mr. Selden tells us in in his Notes upon Eadmerus Neque eos speaking of Barones duntaxat ut hodie significare quibus peculiaris ordinum Comitiis locus est sed universos qui saltem beatiores regia munificentia c. Latifundia possidebant So that he was of opinion here that there were several who had great Estates of the immediate grant of the Crown who yet had no Seat in the House of Lords I would not be thought to assert any thing dogmatically I onely offer by way of learning some thing which perhaps will be look'd on as Paradoxes at the least I divide not my matter into Heads and Positions because I run counter to the sense of many great names and the direct opposing such in Thesi would be invidious and gain a disadvantage to the authorities I produce If any body will take the pains to shew me by authentick proofs and warrantable reasons that all or most of the Records or Histories by me cited or others not occurring to me ought to be taken in a sense contrary to what has appeared to me I shall thankfully receive and acknowledg his instructions but till then I must crave pardon if I cannot swallow or digest any Learned Modern Antiquarie's bare ipse dixit where I find the best of our Historians and a Series of Records in my Judgment diametrically opposing and contradicting their Positions and Assertions I am aware that besides the many slips of an hasty Pen and the weakness perhaps of several of the inferences which amongst some avocations may have pass'd neglected There is a material Objection against the foundation of the whole which is the general agreement of Records and Histories that till the 48th or 49th of Henry the Third all Proprietors of Land came to the Great Council without any settled exclusion when yet we many times find that the Councils were held in Churches or Halls and yet at those times 't is said that the Populus were there as if the Great Men were the standing Representative Body of the Nation and answer'd for all the People the Freeholders of the Nation To which I answer according to the modus tenendi Synodos which I may apply to the civil Councils That the probi homines or bonae conversationis came sometimes in their own Persons and when they agreed to it which was no abridgment of their personal Right they came by representation ex electione and every one was there himself virtually by his Deputy but they often met in vast Bodies and in capacious places both in the Saxon times and after William the First obtained the Imperial Crown The whole body of Proprietors were assembled at Runemed between Stanes and Windsor at the passing of King John's Charter and if we believe Matth. Westminster it was not unusual for the Kings of England long before King John's time at that very place to meet their People to treat of the Affairs of the Kingdom Maximus Tractatus habebatur inter Regem et Barones de pace Regni inter Stanes Windsoram in prato quod dicitur Runemed quod interpretatur pratum Concilii eö quod ab antiquis temporibus ibi de pace regni saepius consilia tractabantur This shews the usual places of Assembling to have been large enough for all the people which are in so many Records and Histories Printed and in Manuscript said to have been present at the Great or General Councils I shall conclude with one Instance of the Parties present at such a Council which is deliver'd with sufficient perspicuity Anselm in one of his disputes with Henry the First desires the debate may be adjourn'd till the Easter following Differantur haec si placet usqu in Pascha ut audito Episcoporum regnique Primatum consilio qui modò non assunt respondeam hinc Upon this Anselm comes to the Court at Easter Igitur in Pascha Curiam venit regni ingenuitatem praesens consulit Communi consilii vocem accepit c. Here the Council Episcoporum et Primatum to which he referr'd himself was reciprocal with the ingenuitas regni that is as Sir Henry Spelman shews us the liberi et legales homines the good honest Freeholders some of which were no better than Plebeians And therefore this authority alone especially as 't is strengthned by those others to the same purpose which I have cited absque dolo et malo ingenio evince to me That he or they who put out the Second Part of Sir Spelman's Glossary did not do right to his Memory in representing him affirming That the plebs the ingenuitas or liberi et legales homines as he himself tells us the word ingenuus has anciently been us'd are no where amongst the several Councils which he had read of mention'd to have been there from the entrance of William the First to the end of Henry the Third The words to this purpose which I conceive are put upon him are these Sine ut sodes dicam collegisse me centenas reor comitiorum edictiones tenoresque plurimorum ab ingressu Gulielmii ad excessum Henrici 3. existentium nec in tantâ multitudine de plebe uspiam reperisse aliquid Indeed notice being taken of those Councils where were Optimates et Barones totius Angliae and of that famous Assembly at Salisbury-Plain of the Barones et Vicecomites cum suis Militibus in pursuance of the Summons of William the First the positiveness of the assertion is restrain'd with a ni in his dilituerit But what doubt can be made of those words whereby they are expresly mention'd and that according to the true Sir Henry Spelman I am not yet aware of FINIS ERRATA PAge 3. l. 16. r. Tzurick for Tours p. 5. margin r. contemporaneo p. 8. l. 12. for William read Hugh p. 9. l. 9. r. Attendance p. 10. l. 7. add laici before omnes p. 12. l. 29. joyn a to part p. 17. l. 4. r. fuerat p. 25. l 6. add est de before antiquo l. 7. dele est de p. 27. marg r. Hil. for Mich. p. 35. l. 3. add è before tota p. 40. l. 22. r. illuc l. 19. r. Knight for Knights p. 45. last l. r. antequam p. 47. l. 4. dele Comma after Sheriffs l. 15. r. vias l. 19. dele s after Knight p. 53. l. 28. make a Comma after Kings title l. 29. r. election p. 60. l. 28. add is after that p. 63. l. 18. r. of for in p. 64. l. 14. put a Comma after only p. 65. l. 15. r. 't was p. 66. l. 7. put a Comma after Nobility l. 10. after Londoners make a Comma so

after Citizens l. 11. put a Comma after amongst them p. 68. l. 14. r. Matilda p. 206. l. 2. r. plectendum l. 3. r. judicare p. 217. l. 11. r. affuerunt p. 228. l. 9. r. Doveram p. 237. l. 7. add the before free Customs l. 8. dele the 2d Sheet of p. 237. l. 13. r. militibus p. 238. l. 9. r. tenants us'd p. 240. l. 20. r. de scuto l. 28. r. the for their p. 241. l. 11. dele s after acquaint l. 22. r. record p. 245. l. 2. r. negotium p. 246. l. 5. r. retroactis p. 247. l. 23. r. his instead of this p. 251. margin r. proprietariis p. 255. r. Baro l. 21. put a Comma after Freeholders p. 261. l. 1. r. that before us'd p. 262. l. 20. add s to thing p. 265. l. 14. add s to ●●mmuni A Catalogue of some Books lately Printed for Tho. Basset at the George in Fleet-street AN Institution of General History or the Histo of the World in two Volumns in folio by Dr. William Howel Chancellor of Lincoln Printed 1680. Historical Collections being an exact Account of the Proceedings of the four last Parliaments of the Renowned Princess Queen Elizabeth containing the Journals of Both Houses with their several Speeches Arguments Motions c. in folio writ by Hayward Townshend Esq then a Member of Parliament Printed 1680. The Antient Right of the Commons of England Asserted or a Discourse Proving by Records and the best Historians That the Commons of England were ever an Essential part of Parliament By William Petyt of the Inner Temple Esq Of the French Monarchy and Absolute Power and also a Treatise of the Three States and their Power deduced from the most Authentick Histories for above 1200 Years and digested this latter by Mat. Zampini de Recanati L. L. D. The Constitution of Parliaments in England deduced from the time of King Edward the Second Illustrated by King Charles the Second in his Parliament Summon'd the 18th Febr. 1660 1. and Dissolved the 14th Jan. 1678 9. with an Appendix of its Sessions in Oct. The Politicks of France by Monsieur P. H. Marquis of C. with Reflections on the 4th and 5th Chapters wherein he censures the Roman Clergy and the Hugenots by the Sir l'Ormegregny Le Beau Pleadeur a Book of Entries containing Declarations Informations and other select and approved Pleadings with Special Verdicts and Demurrers in most Actions real Personal and mixt which have been argued and adjudged in the Courts at Westminster together with faithful references to the most Authentick printed Law books now extant where the Cases of these Entries are reported and a more Copious and useful Table than hath been hitherto Printed in any book of Entries by the Reverend Sir Humphrey Winch Knight sometime one of the Justices of the Court of Common Pleas. A Display of Heraldry manifesting a more easie access to the knowledg thereof than hath been hitherto published by any through the benefit of Method whereunto it is now reduced by the study and industry of John Guillim late Pursuivant at Arms. the 5th Edition much enlarged with great variety of bearings to which is added a Treatise of Honour Military and Civil according to the Laws and Customs of England collected out of the most Authentick Authors both Ancient and Modern by Capt. John Logan illustrated with Variety of Sculptures suitable to the several subjects to which is added a Catalogue of the Atcheivments of the Nobility of England with divers of the Gentry for Examples of Bearings Now in the Press Dr. Heylins help to the English History with very large Additions Petyt 's Appendix p. 131. Bracton lib. 2. cap. 16. p. 37. Charges upon the Land according to the value or number of Acres Charta Johannis 17. Regni Anno 1215. Tiguri fol. 247. Magna Carta cap. 9. 2 Iust fol. 20. Titles of Honour f. 586 587. Rot. Claus 17 Johannis Dorso m 21. Rot Pat. 17 Johannis pars unica m. 13. n. 3. Ib. m. ●3 dorso Magna Charta cap. 38. Confirmatio magna Chartae facta 2. H 3. in consimili formâ cum magna Charta 9. Hen. 3. testibus data exceptis exemplificata confirmata 25. Edw. 1. prout Charta de Forestâ Ex MS contemporaneâ statutor penes Sam. Balduin Equitem auratum servient ad legèm Et de Scutagiis assidendis faciemas summoneri c. That is such of the Majores as held intra 〈◊〉 Aid upon Tenants in Common Socage Escuage upon Tenants by Knights Service Chester Tit. Honor. 1 Edit p. 247. See Leicester's Survey of Cheshire 20. H. 3. M. Paris fol. 563. Ed. Lond. Tit. Honour 1 Ed. p. 233. Selden ib. Domesday in Cheshire saith Comes tenet Comitatum de Rege See Leicester 's survey of Cheshire Mat. P. fo 497. Ed. Lond. Anno 1232. 17o. H. 3. M. P. An. 1205. 7o. Johannis Mat. Pared Tig. f. 359. Nequi magnates viz. Comes Baro Miles seualiqua alia notabilis persona Rot. Claus 3 E. 2. m. 16. dor M. P. f. 359. An. 1232. 17o. Rs. H. 3. Nota This shews that the Tenants in Capite were not all the Council because they in particular are taken notice of amongst them which came to that Council The Earl of Chester was not to attend the King in his Wars nor to pay escuage in lieu of military service because all his Tenure was to keep to the defence of the Marches Rot. Pat. 44 H. 3. M. 1. dor 22o. Ed. 1. n. 45. sub Custod Camerar in Scaccario Rot. Pat. 2. Ed. 1. M. 6. Rot Pat 20. Ed. 1. M. 6. Bundella literar in Turre London An. 8. H 3. Ne qui Magnates viz. Comes Baro Miles seu aliqua alia notabilis persona c. Rot. Claus 3 E. 2. m. 16. dor Rot. Parl. 40 Ed. 3. n. 7 8. Matt. Par. p. 236. Hooker Eccles lib. fol. 29. Matt. Paris Ann. 1212. 14 Johannis Matt. Par. Matt. Par. Knyghton Matt. West fol. 271. Matt. West fol. 271. MS. Cod. ex Bib. Dom. Wild nuper defunct Note a Common Lord had Aid in the like case by King John's Charter William 1. Seldeni ad Fadmer notae specilegium fol. 190. Ib. cap. 52 59. Et ad judicium rectum sustitiam constanter omnibus modis pro posse suo sine dolo sine dilatione faciend ib. Knyghton fol. 2358. Leges Will. 1. Servitutes rusticorum praediorum sunt haec iter actus via aquaeductus Digest lib. 8. tit 3. Servitutum non ea natura est ut aliquid faciat sed ut aliquid patiatur vel non faciat ib. fol. 215. Sim Dunelm fol. 212. 1084. 14 Will. 1. 2. Inst f●l 232. Inter brevia directa Baron de term Mich. 32 Ed. 1. M. 4. dorso penos Rem Regis in Scaccario The same Plea for the Earl of Glocest. and Herts allowed ib. M. 5. Inter brevia directa Baron de Term. Hill 33 Ed. 1. penes Rem Domini Thes in Scaccario Inter