Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	day_n	king_n	year_n	16,086	5	5.1009	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12533	De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.; Common-wealth of England	Smith, Thomas, Sir, 1513-1577.	1583 (1583)	STC 22857; ESTC S117628	79,409	124

possessor ab intestato for a debt which the dead ought me I must sue in the temporall court These two courtes the temporall and the spirituall be so diuided that who so euer sueth for any thing to Rome or in any spirituall court for that cause or action which may be pleaded in the temporall court of the Realme by an olde lawe of Englande hee falleth into a praemunire that is hee forsetteth all his goods to the Prince and his body to remaine in prison during the Princes pleasure and not that onely but the Iudge the scribe the procurer and assessor which receiueth and doth maintaine that vsurped pleading doth incur the same daunger Whether the word praemunire doeth betoken that the authoritie iurisdiction of the realme is prouided for before and defended by that lawe and therefore it hath that name praemunire or praemuniri or because that by that lawe such an attemture hath had warning giuen before to him of the daunger into which he falleth by such attempt and then praemunire is barbarously written for praemonere praemoneri as some men haue helde opinion I will not define the effect is as I haue declared and the lawe was first made in king Richarde the secondes time and is the remedie which is vsed when the spirituall iurisdiction will goe about to encroch any thing vpon the temporall courts Because this court or forme which is called curia christianitatis is yet taken as appeareth for an externe and forren court and differreth from the policie and manner of gouernment of the Realme and is an other court as appeareth by the act and writ of praemunire than curia regis aut reginae Yet at this present this court as well as others hath her force power authoritie rule and iurisdiction from the royall maiestie and the crowne of England from no other forren potentate or power vnder God which being granted as indéede it is true it may nowe appeare by some reason that the first statute of praemuni●e whereof I haue spoken hath nowe no place in Englande séeing there is no pleading alibi quam in curia regis ac reginae I haue declared summarily as it were in a chart or mappe or as Aristotle termeth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the forme and manner of the gouernement of Englande and the policie thereof and sette before your eies the principall pointes wherein it doth differ from the policie or gouernment at this time vsed in Fraunce Italie Spaine Germanie and all other countries which doe followe the ciuill lawe of the Romanes compiled by Iustinian into his pandects and code not in that sort as Plato made his common wealth or Zenophon his kingdom of Persia nor as Syr Thomas More his Vtopia being feigned common wealths such as neuer was nor neuer shall be vaine imaginations phantasies of Philosophers to occupie the time and to exercise their wittes but so as Englande standeth and is gouerned at this day the xxviij of March Anno 1565. in the vij yeare of the raigne and administration thereof by the most vertuous and noble Quéene Elizabeth daughter to King Henrie the eight and in the one fiftéeth yéere of mine age when I was ambassador for her maiestie in the court of Fraunce the scepter whereof at that time the noble Prince and of great hope Charles Maximilian did holde hauing then raigned iiij yeares So that whether I writ true or not it is easie to be séene with eies as a man would say and felt with handes Wherfore this being as a proiect or table of a common wealth truely laide before you not fained by putting a case let vs compare it with common wealthes which be at this day in esse or doe remaine discribed in true histories especially in such pointes wherein the one differeth from the other to sée who hath taken the righter truer and more commodious way to gouerne the people aswell in warre as in peace This will be no illiberall occupation for him that is a Philosopher and hath a delight in disputing nor vnprofitable for him who hath to do hath good will to serue the Prince and the common wealth in giuing counsell for the better administration thereof Thomas Smyth FINIS Monarchia Aristocratiae Democratia Iust. Rex Tyrannus Populus Dictatorship Tyrannis Respublica Domus seu familia Prouining or propagation is when a mā layeth a brāch of a Vine or Osier or any other tree into the groūd so that it taketh roote of it selfe may liue though it be cut then from the first roote or stock Pagus Oppidum Ciuitas Nobilitas maior Eldest sonnes of dukes are not earles by birth but Lordes and take their place aboue earles and so are eldest sons in respect of barons Esquires of honour or Lordes Verè Lantzknechti lancearius a speareman Eques auratus The making of a knight Sire quasi Senior Alias Tribunitijs Sauing in appels and vpon a speciall plea. Actio is the parties whole suite breue is the kings precept But somtimes it is determined by the same court onely This shoulde be ment of a respondes ouster when the opinion is against him that taketh an exception which is not peremptorie He may denie it by protestation That is not order but abuse Courtisie and not dutie Hundreds were named of townes hils or other markes This is not alwaies and in al places obserued but onely concerning the graund enquest The vse of capias and exigent vpon inditementes is otherwise They are put to fines One or two Constables hedboroughes or tithingmen The deliuerie to the Bishops prison and the purgation is taken away by statute They must be two at the least that conspired Quere Or rather high stewa●● of England● No more euidence on the behalfe of the plaintife but of the defendant there may The statute of 23. Henrie 8. doth not abolish common lawe but giueth a more profitable for the plaintife In appeale the battle is tryed by the parties onely and in writs of right by champions The battle or Iurie is at the election of the defendant Sent for by Sub poena Gardian in cheualry and gardian in Socage But the Lorde shalbe punished for the wast by losse of the ward or treble dammages if that suffice not She is no Ladie by the law although so called of courtisie It is auoidable after the husbandes death except it be for xxi yeares or three liues according to the statute or except they leuie a fine She shalbe endowed at y e discretion of the sherife except in few cases Litleton did not interpret the word feodu simply but rather define or describe the nature therof Litleton seene in the tongues as Sir Thomas Smith was in Litleton Which ought to be tride in the temporall court

also we do reiect women as those whom nature hath made to keepe home and to nourish their familie and children and not to medle with matters abroade nor to beare office in a citie or common wealth no more than children and infantes except it be in such cases as the authoritie is annexed to the blood and progenie as the crowne a dutchie or an erledome for there the blood is respected not the age nor y e sexe Whereby an absolute Quéene an absolute Dutches or Countesse those I call absolute which haue the name not by being maried to a king duke or erle but by being the true right next successors in the dignitie and vpon whom by right of the blood that title is descended These I say haue the same authoritie although they be women or children in that kingdome dutchie or earledome as they shoulde haue had if they had bin men of full age For the right and honour of the blood and the quietnes and suertie of the realme is more to be considered than either the tender age as yet impotent to rule or the sexe not accustomed otherwise to intermeddle with publicke affaires being by common intendment vnderstood that such personages neuer do lacke the counsell of such graue and discreete men as be able to supplie all other defectes This as I sayde is not enough But the diuision of these which be participant of the common wealth is one way of them that beare office the other of them that beare none the first are called magistrates the second priuate men Another the like was among the Romanes of Partricij plebei thone striuing with thother a long time the patricij many yeares excluding the plebes from bearing rule vntill at last all magistrates were made cōmon betweene thē yet was there another diuision of the Romanes into senatores equites and plebs the Greekes had also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Frēch haue also at this day les nobles la populare or gentils homes villaines we in England diuide our men commonly into foure fortes gentlemen citizens and yeomen artificers and laborers Of gentlemen the first and chiefe are the king the prince dukes marquises earles vicountes barrons and these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the nobility and all these are called Lords and noblemen next to these be knights esquiers and simple gentlemen Of the first part of gentlemen of englande called Nobilitas maior CHAP. 17. DUkes marquises erles vicountes and barrons either be created by the prince or come to that honor by being the eldest sonnes as highest next in succession to their parentes For the eldest of dukes sonnes during his fathers lyfe is called an earle an earles sonne is called by the name of a vicount or baron or else according as the creation is The creation I cal the first donation and condition of the honour giuen by the prince for good seruice done by him and aduauncement that the prince will bestowe vpon him which with the title of that honour is commonly but not alwayes giuen to him and to his heires males only the rest of the sonnes of the nobilitie by the rigor of the lawe be but esquiers yet in common speeche all dukes and marquises sonnes and the eldest sonne of an earle be called Lordes The which name commonly doth agree to none of lower degree than barrons excepting such onely as be thereunto by some speciall office called The barrony or degree of Lordes doth answere to the dignitie of the Senators of Rome and the title of our nobilitie to their patricij when patricij did betoken senatores aut senatorum filios Census senatorius was in Rome at diuerse times diuerse and in Englande no man is created barron excepte he may dispend of yearly reuenue one thousand poundes or one thousand markes at the least Vicountes earles marquises and dukes more according to the proportion of the degree and honour but though by chaunce he or his sonne haue lesse he keepeth his degree but if they decay by excesse and be not able to maintaine the honour as senatores Romani were amoti senatu so sometimes they are not admitted to the vpper house in the parliament although they keepe the name of Lorde still Of the second sort of gentlemē which may be called Nobilitas minor first of knightes CHAP. 18. NO man is a knight by succession not the king or prince And the name of prince in england 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 betokeneth the kinges eldest sonne or prince of wales although the king himselfe his eldest sonne and all dukes be called by generall name princes But as in Fraunce the kinges eldest sonne hath the title of the daulphine and he or the next heire apparant to the crowne is monsire so in Englande the kinges eldest sonne is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the prince Knightes therefore be not borne but made either before the battle to encourage them the more to aduenture their liues or after the conflict as aduauncement for their hardinesse and manhood alreadie shewed or out of the warre for some great seruice done or some good hope through the vertues which do appeare in them And they are made either by the king himselfe or by his commission and royall authoritie giuen for the same purpose or by his liuetenaunt in the warres who hath his royall and absolute power committed to him for that time And that order seemeth to aunswere in part to that which the Romanes called Equites Romanos differing in some pointes and agreeing in other as their commō wealth and ours do differ and agree for neuer in all pointes one common wealth doth agree with an other no nor long time any one common wealth with it selfe For al chaungeth continually to more or lesse and still to diuerse diuerse orders as the diuersity of times do present occasion and the mutabilitie of mens wittes doth inuent and assay new wayes to reforme and amende that werein they do finde fault Equites Romani were chosen ex censu y e is according to their substance and riches So be knightes in England most commonly according to the yearely reuenew of their landes being able to maintaine that estate yet all they that had Equestrem censum non legebantur equites No more are all made knightes in Englande that may dispende a knightes land or fee but they onely whom the king wil so honour The number of Equites was vncertaine and so it is of knightes at the pleasure of the prince Equites Romani had equum publicum The knightes of England haue not so but finde their own horse themselues in peace time and most vsually in warres Census equester was among the Romanes at dinerse times of diuerse valew but in England whosoeuer may dispende of his free landes 40. l. sterling of yearely reuenue by an olde law of Englande either at the coronatiō of the king or mariage of his daughter or at the

euidence or too much fauour in the countrey and power of the aduersarie there is in our countrey as well as theirs both stopping and prolongation of Iustice. For what will not busie heades and louers of trouble neuer being satisfied inuent in any countrey to haue their desire which is to vex their neighbours and to liue alwaies in disquiet Men euen permitted of God like flies and lise and other vermine to disquiet them who would imploie themselues vpon better businesse and more necessarie for the common wealth these men are hated and feared of their neighbours loued and aided of them which gaine by proces and waxe fatte by the expence trouble of other But as these men ordinarily spende their owne thrift and make others against their wils to spende theirs so sometime being throughly knowen they do not onely liue by the losse like euill husbandes but beside rebuke shame by the equitie of the Prince and courtes soueraigne they come to be extraordinarily punished both corporally by their purse which thing in my minde is as royall and princely an act and so beneficiall to the commonwealth as in so small a matter a King or a Quéene can doe for the repose and good education of their subiectes Of that which in England is called appeale in other places accusation CHAP. 3. IF any man hath killed my father my sonne my wife my brother or next kinsman I haue choice to cause him to be endicted by giuing information to the enquest of enquirie although he chaunce to escape the Constable or Iustices handes and therefore not to be apprehended and thereupon to procure him to be outlawed or else within a yéere and a day I may enter my appeale that is mine accusation against him If I begun first to pursue him by information or denunciation to enditement I am nowe no partie but the Prince who for his duetie to God and his common wealth and subiects must sée iustice executed against all malefactors offenders against the peace which is called Gods and his doeth in such maner as I haue saide before If I leaue that and will appeale which is profer my accusation against him who hath doone to me this iniurie the defendant hath this aduauntage to put himselfe to the Iurie which is to that which before is saide to haue that issue and triall by God and his countrie whereof the fashion I haue at large declared or to demaund the triall by battle wherein both the parties must eyther themselues in person or else finde other for them who be called in our Law Champions or Campions some doeth interprete them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they be men chosen fat lustie fit to the feate or as the Frenche doe terme them adroicts aux armes which shall fight it out by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or as now they doe call it duellum or the campe which shall haue all things equall but according as Mars giueth the victorie so the Lawe is iudged the one as peractus reus the other is calumniator to suffer the paine of death So that by the great assise there is no appellation but death or life to the defendant but this is more daungerous and equall for the one or the other must die So it is not in the grande assise for the reus or defendaunt is onely in daunger of death Short it is from day to sunne set the quarell is ended or sooner who hath the better fortune This seemeth very militarie as in maner all our policie of Englande and to haue as small to doe with Lawyers as with Phisitions quicklie to dispatche and for the rest to returne eche man to his buisinesse to serue the common wealth in his vocation The Popes of Rome and men of the Church who of long time haue had dominion in our consciences and would bring things to a more moderation haue much detected this kinde of triall and iudgement as reason is euerie man misliketh that which is not like to his education and colde reasoning by Theologie and Philosophie they I say much mislike many things doone necessarily in whot policie At the least a common wealth militarie must aduenture many things to kéepe it in quiet which cannot séeme to precisely good to them which dispute thereof in the shadowe and in their studies Howsoeuer it be this kinde of triall of long time hath not béene vsed So that at this time we may rather séeke the experience of it out of our histories of time passed than of any viewe or sight thereof of them which are nowe aliue Neverthelesse the Lawe remaineth still and is not abolished and if it shall chaunce the murtherer or mansleer the one we call him that lyeth in waite and as they terme it in Frenche de guet appendaunt killeth the man the other who by casuall falling out and sodaine debate and choller doeth the same which way soeuer it be doone if he that hath slaine the man hath his pardon of the prince as occasion or the fauour of the Prince may so present y ● he may haue it yet the partie grieued hath these two remedies I say to require iustice by grand assise or battle vpon his appeale priuate reuenge which is not denyed him And if the defendant either by great assise or by battle be conuinced vpon that appeale he shall die notwithstanding the Princes pardon So much fauourable our Princes be and the lawe of our Realme to iustice and to the punishment of blood violently shed Of the Court of Starre Chamber CHAP. 4. THere is yet in Englande an other court of the which that I can vnderstand there is not the like in any other Countrie In the Terme time the Terme time as I haue heretofore shewed I call the time and those daies when the Lawe is exercised in Westminster hall which as I haue said is but at certaine times and termes every wéeke once at the least which is commonly on Fridaies and Wednesdaies and the next day after that the terme doeth ende the Lorde Chauncellor and the Lordes and other of the priuie Counsell so many as will and other Lordes and Barons which be not of the priuie Counsell and be in the towne and the Iudges of England specially the two chiefe Iudges from ix of the clocke till it be xj doe sit in a place which is called the starre chamber either because it is full of windowes or because at the first all the roofe thereof was decked with images of starres gilted There is plaints heard of riots Riot is called in our English terme or speache where any number is assembled with force to doe any thing and it had the beginning because that our being much accustomed either in foreine wars in Fraunce Scotland or Ireland or being ouermuch exercised with ciuill warres within the Realme which is the fault that falleth ordinarily amongest bellicous nations whereby men of warre Captaines and souldiers become plentifull which when they

haue no externe seruice wherewith to occupie their buisie heads handes accustomed to fight and quarell must néedes séeke quarels and contentions amongest themselues and become so readie to oppresse right among their neighbours as they were woont before with praise of manhoode to be in resisting iniurie offered by their enemies So that our nation vsed hereunto vpon that more insolent at home and not easie to be gouerned by Lawe and politike order men of power beginning many fraies and the stronger by factions and parties offering too much iuiurie to the weaker were occasions of making good Lawes First of reteiners that no man should haue aboue a number in his Liuerie or retinue then of the enquirie of routs and riots at euerie Sessions and of the lawe whereby it is prouided that if any by force or by riot enter vpon any possessions the Iustices of the peace shal assemble themselues remooue the force within certain time enquire thereof And further because such things are not commonlie done by meane men but by such as be of power force be not to be dealt withal of euerie man nor of meane Gentlemen if the riot be found certified to the Kings Counsell or if otherwise it be complained of the partie is sent for and he must appeare in this starre chamber where séeing except the presence of the Prince onely as it were the maiestie of the whole Realme before him being neuer so stoute he will be abashed and being called to aunswere as he must come of what degrée soeuer he be he shall be so charged with such grauitie with such reason remonstrance and of those chiefe personages of Englande one after an other handeling him on that sort that what courage soever he hath his heart will fall to the grounde and so much the more when if he make not his aunswere the better as seldome he can in so open violence he shalbe commaunded to the Fléete where he shall be kept in prison in such sort as these Iudges shall appoint him lie there till he be wearie aswell of the restraint of his libertie as of the great expences which he must there sustaine and for a time be forgotten whiles after long suite of his friendes he will be glad to be ordered by reason Sometime as his deserts be he payeth a great fine to the Prince besides great costs and dammages to the partie and yet the matter wherefore he attempteth this riot and violence is remitted to the common lawe For that is the effect of this Court to bridle such stoute noble men or Gentlemen which would offer wrong by force to any manner men and cannot be content to demaund or defend the right by order of lawe This court began long before but tooke great augmentation and authoritie at that time that Cardinall Wolsey Archebishop of Yorke was Chauncellor of Englande who of some was thought to haue first deuised y ● Court because that he after some intermission by negligence of time augmented the authoritie of it which was at that time maruellous necessary to doe to represse the insolencie of the noble men and gentlemen of the North partes of Englande who being farre from the King and the seate of iustice made almost as it were an ordinarie warre among themselues and made their force their Lawe banding themselues with their tenaunts and seruauts to doe or reuenge iniurie one against an other as they listed This thing séemed not supportable to the noble prince King Henrie the eight and sending for them one after an other to his Court to aunswere before the persons before named after they had had remonstrance shewed them of their euill demeanor and béene well disciplined as well by words as by fléeting a while and thereby their purse and courage somwhat asswaged they began to range themselues in order and to vnderstand that they had a Prince who would rule his subiects by his lawes and obedience Sith that time this court hath béene in more estimation and is continued to this day in manner as I haue saide before Of the Courts of Wards and Liueries CHAP. 5. HE whom we call a ward in Englande is called in Latine pupillus and in Gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The gardian is called in Latine tutor in Gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A warde or infant is taken for a childe in base age whose father is dead The Romanes made two distinctions pupillum minorem the one to xiiii yere old the other was accounted from thence to xxv And as pupillus had tutorem so minor had curatorem til he came to the age of xxv These tutors or curators were accountable for the reuenues of the pupils minors lands great prouision and many lawes and orders is made for them in the bookes of the ciuil Lawe for rendering iust true accounts So that to be a gardian or tutor was accounted among them to be a charge or trouble a thing subiect to much encumbraunce and small profite so that diuerse meanes were sought for to excuse men from it With vs this is cleane contrarie for it is reckoned a profite to haue a warde For the Lorde of whom the warde doeth hold the land so soone as by the death of the father the childe falleth warde vnto him he seaseth vpon the body of the ward and his landes of which so that he doeth nourish the ward he taketh the profite without accounts and beside that offering to his ward couenable mariage without dispergement before the age of xxl. yeres if it be a man or xiiii if it be a woman If the ward refuse to take that mariage he or she must pay the value of the mariage which is commonly rated according to the profite of his landes All this while I speake of that which is called in French garde noble that is of such as holde lands of other by knight seruice for that is an other kinde of seruice which we call in Frenche gard returier we call it gard in socage that is of such as doe not holde by knight seruice but by tenure of the plough This wardship falleth to him who is next of the kinne and cannot inherite the land of the warde as the vncle by the mothers side if the land doe discend by the father and of the fathers side if the lande discend by the mother This gardian is accountable for the reuenues and profites of the land as the tutor by the ciuill Lawe to the warde or pupill so soone as he is of full age The man is not out of wardshippe by our lawe till xxj yere olde from thence he is reckoned of full age aswell as in the Romane lawes at xxv The woman at xiiij is out of warde for shée may haue an husband able to doe knightes seruice say our bookes And because our wiues be in the power as I shall tell you hereafter of their husbands it is no reason she should be in