Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	margaret_n	4,538	5	11.4865	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A32252	The reading of that famous and learned genrleman, Robert Callis ... upon the statute of 23 H.8, Cap. 5, of Sewers, as it was delivered by him at Grays-Inn in August, 1622.	Callis, Robert, fl. 1634.	1647 (1647)	Wing C304; ESTC R23882	167,039	246

Gen. cap. 1. of all other creatures being finished the Heavens adorned and the Earth replenished God said Let us make man in our own Image after our likeness and let him have Dominion over the fish of the Sea and over all the Earth and every creeping thing that creepeth upon the Earth So God Created man in his own Image in the Image of God Created he him Male and Female Created he them and said unto them Be fruitful and multiply and replenish the earth and subdue it and have Dominion over the fish of the Sea and over the foul of Heaven and over every living thing that moveth upon the earth This was the first Commission that ever was granted and it passed under the Divine immediate Seal of the Almighty extended over the whole world and by the vertue of the word Dominamini in the Plural number God coupled the woman in Commission with the man But in the 18 Chapter of Exodus Verse 21. Jethro adviseth and counselleth Exodus 18. Moses his Son in law to provide out of all the people men of truth hating covetousness and place such over them to be Rulers of Thousands Rulers of Hundreds and over Fifties Tens where by the word Men twice repeated by Jethro and this place of Scripture seemed to exclude wholly from Government and the former Commission extended over Fishes Birds and Beasts and neither over men nor women And in the first of the Corinthians Chapter 14. it is said by Saint Paul Let the women keep silence in the Churches for it is not permitted to them 1 Cor. 14. to speak And in Grendons Case in the Comment fol. 497. Dyer saith That women could not administer the Sacraments nor were they permitted to say Divine Service And in the second Chapter of Timothy Verse 12. he saith We suffer not the woman 2 Tim. to rule over the man but this last of Timothy may be most aptly applyed to husband and wife I remember out of the Abbey Book of Evesham this Note worthy of observation Quod Alicia Peeres Regis miniona supra modum mulierum nimis supergressa sui etiam sexus fragilitatis feminiae Immemor nunc Justiciarios Regis nunc in foro ecclesiastico juxta doctores sedendo pro defensione causarum suadere etiam contra jus postulare minime verebatur unde propter scandalum petierunt à rege in Parliament ' tent ' An. 50. Ed. 3. penitùs amoveri but hereby I collect that she was not in Commission with the Judges Temporal or Spiritual but was a favorite of the Kings and took upon her to intermeddle in businesses nothing concerning her But whether the Text meant it for a woman to sit Judge in a Court of Justice was contra modum mulierum or because she sate there to wrest righteous Judgement I refer to the readers of that History For Debora was Judge of Israel and Judged the people as the fourth of Judges hath it Dyer indeed saith in Grendons Case That divers Churches were appropriated to Prioresses and Nanneries whereof women were the Governesses whereby and by the said Chapter of the Corinthians it appears that women might be admitted to have Rule and Government over the possessions and persons Temporal and Ecclesiastical but were not admitted to have curam animarum nor to meddle with the administration of the Service or Sacraments And for Temporal Governments I have observed women to have from time to time been admitted to the highest places For in ancient Roman Histories I finde Endochia and Theodora admitted at several times into the sole Government of the Empire and here in England our late famous Queen Elizabeth whose Government was most renowned And Semiramis governed Syria and the Queen of the South which came to visit Solomon for any thing that appears to the contrary was a sole Queen And to fall a degree lower we have presidents that King Richard the first and King Henry the fifth appointed and deputed by Commissions their Mothers to be Regents of this Realm in their absence in France And the wise and renowned Lady Margaret Countess of Richmond was put in Commission and Humfrey de Bohune Earl of Hereford was by Tenure Constable of England which is a Judge in Martial affairs and he died without issue Male by reason whereof the Office amongst other things descended to his two Daughters and Co-heirs And in the 12 of Elizabeth in Dier it is holden for Law That although this was an Office of Justice yet they might execute the same by deputy for in truth women were unfit Martialists to judge of matters of that nature and yet it is clear a deputy doth nothing in his own name but in the name of his Master or Mistriss therefore the Martial Court was to be kept in their names But yet I will descend a step lower doth not our Law Temporal and Spiritual admit of women to be Executrixes and Administratrixes and hereby they have the rule or ordering of great Estates and many times they are Gardianesses in Chivalry and have thereby also the government of many great Heirs in the Kingdom and of their Estates And in 10 H. 7. a man devised his Lands to be sold by a 10 H. 7 woman and died and she sold the same to her husband So by these Cases it appeareth that the Common Law of this Kingdom submitted and committed many things to their government yet the Statute of Justices of the Peace is like to Jethroes counsel to Moses for there they speak of men to be Justices and seemeth thereby to exclude women But our Statute of Sewers is Commission of Sewers shall be granted by the King to such person and persons as the said Lords should appoint So the words persons stands indifferently for either Sex And therefore although by the weakness of their Sex they are unfit to travel and they be for the most part uncapable of learning to direct in matters of Judicature for which causes they have been discreetly spared yet I am of opinion for the authorities reasons and causes aforesaid that this honorable Countess being put into Commission of the Sewers the same is warrantable by the Law and the Ordinances and Decrees of Sewers made by her and the other Commissioners of Sewers are not to be impeached for that cause of her Sex And I conclude here that although in discretion women have been secluded as unfit yet they are not in Law to be excluded as uncapable If an Infant above the age of Fourteen and under the age of One and twenty be made a Commissioner his infancy shall be no cause to disable the Laws made by him yong Daniel was Judge over both the Elders And in Little Brook fol. The case is a Parson or Prebend being within age made a Lease for years of his benefice and would but could not after avoid it for his Nonage for seeing the Church had made him of full age to discharge the spiritual

the Seas He grants to him bona in mare deperdita super mare emergentia extra mare projecta which be Profits arising on the Sea And all these are said to be per totum Regnum Angliae Ergo the Seas be infra Regnum Angliae In the Eleventh Chapt. de Prerogativa Regis it is declared Quod Rex habebit wreccum Maris per totum Regnum Prerogativa Regis cap. 11. Balenas Sturgiones captos in Mari vel alibi infra Regnum Angliae and this was by the Common Laws before ever this Statute was made for as the King was and is rhe most Excellent Creature within his Realm so the most Excellent things which Land and Sea afford are appropriate unto him And this Statute also proves the Sea to be infra Regnum Angliae and that the profits therein and thereon arising belong to the King by the temporal Laws of England In the Case of Sir Henry Constable in the Fifth Report of Sir E. Cook it is said That Flotsan Jetsan and Lagan are goods Sir Henry Constables Case on or in the Sea and that they belong to the King and the King by his Charter granted them to the Admiral The Statute of the 18. Edward 3. Let the Sea be open to all Stat 18. E. 3. 28. H. 8. Strangers and the Statute of 28. H. 8. Chapt. 15. If any Treason Murther or other Felony be done on the sea coast the Offendors shall be tryed in such county as the King shall appoint by Commission to be directed to the Admiral and others to try the same per Sacramentum duodecem which is by Jury And the Statute 31. H. 6. Chapt. 4. there is a Restraint 31. H. 6. That no Subject do attache any Stranger in amity within this Realm on the Sea Here the Statute Laws are in force on the Seas as appears by the examples but these seem to tye the person only Sir John Davies And in the Irish Reports of Sir John Davies in the Case of the Royal Pischary of the Banne it is said That the Sea is the Kings proper Inheritance And Mr. Bracton lib. 2. Chap. 12. in his Title de acquirendo Bracton L. 2. Ch. 12. rexum dominio setteth forth a prescription in these words Quod I. S. antecessores sui fuerunt quiet ' de Theolonio aliis consuetudinibus dandis per totum Regnum Angliae tam per terram quam per mare and many times in that Chapter he reiterates the same words which is a strong proof that the Sea is infra Regnum Angliae and that the King Governs there by his Common Laws of England for that prescription is a main and material point of the Common Law And the like is alleaged in Sir Henry Constables Case by way of Custome in the Citizens as of Bristol to have Flotsan on the Seas between the high water and the low water marks So I take it I have proved the King full Lord and owner of the Seas and that the Seas be within the Realm of England and that I have also proved it by Ancient Books and Authorities of the Laws and by Charters Statutes Customes and Prescriptions that the Government therein is by the Common Laws of this Realm One Case and one Statute seem to sway to the contrary Lacies Case and that is Lacyes Case where one was stricken on the Seas and dyed on the Land that the Common Law could not try this murther It is true because that tryal was to be by Jury which must come out of a proper county which could not in this case because the Sea was not within county ground and so no Jury could be summoned there And I acknowledge that the King ruleth on the Sea by the Laws Imperial as by the Roll of Oleron and other but that Le Roll de Oleron is only in the particular Case of Shipping and for Merchants and Mariners But the King hath neither the properties of the Sea nor the real and personal profits there arising but by the Common Laws of England and in proof thereof the Book 15. and 16. Eliz. in Dyer where the grounds gained from the Sea pertained to the Queen which must 15. 16. Eliz. Dyer needs be by the Common Law of England for no Law gives the King any soil but only the Common Laws of England so this is sufficient proof for the real profits and for the personal profit the Charter of the Admiralty and other Cases aforesaid make it manifest And there is a Statute made in 1. R. 2. Chapt. which restrains 1 R. 2. Rast Admiralty the Admiral that he do not meddle with any thing done within the Realm but on the Seas by which it may be collected that the Seas be not within the Realm of England But in my opinion the intent of that Statute did rather limit the Admiral how far he should extend his Jurisdiction then any way to set forth the bounds of this Realm wherein my conclusion herein is That my Statute hath his extent within all the Realm of England and that English Seas being within the Realm be within the bounds of my said Statute of Sewers and that Statute Law is in full power on the Seas as by the Cases and Statutes mentioned formerly doth appear Of Islands BEcause in my Case in matter though not in express De Insulis words there is an Island therefore it comes now fitly in turn to declare whose the same is in ownership and what Laws the same is to be governed by And first of the definition thereof Justinian in Suis Institutionibus saith that Difinitio Insule Insula est locus undique circumdatus aquis pag. 153. And with this agreeth Britton in his Title of Purchase England of Anglia it self is not Insula because it is not undique circumdatus aquis But England and Scotland be one intire Island and the most Scotia famous in the whole world England take it per se est peninsula that is penè Insula almost an Island for on all parts it Peninsula joyns to the Sea but towards some parts of Scotland Gernsey and Jernsey be Islands on the Sea but it seems by the Resolutions in Calvins Case 7. Report That they be Gernsey Jernsey not within the Realm nor governed by these Laws because the King hath them by His Title of France The Isle of Man was in times past a petty Kingdom and had a King but he was onely as a Viceroy and under the Man King of England as by a Record Where Artold King of Man made suit to the King of England to come into England but whether Man be within the Realm or not seems to be put without question in Sir Edward Cooks Case of Calvin and by Kelwayes Reports 11. H. 8. that it is not for there an office found after the death of the Earl of Darby by a Writ out of the

what maner Repealing of Laws What grounds to be observed in Repealing of Laws How far the power of Commissioners extends therein The Readers Conclusion of all his Labors Lectura prima MY most worthy Fellows and Companions of this noble and renowned Society the Hour-glass of my puisne time is run and I am now come to take possession of your Readers place wherein I must hazard to your censures the fortunes of my inability These Twenty and six years compleat I have had continuance here and in that time I have only taken the measure and length of your Hall And herein I acknowledge Grayes-Inn to be the Patron of my best fortunes and your selves the best Companions of my forepast and present life I made a question when it came to my turn to reade Whether I should turn therefrom or not being then troubled about Two things Charge and Care both which I put into a pair of Scales wherein I thought Charge weighed heavy and solid for ibi ponebantur solidi Care notwithstanding had his equal weight with the other and poised the Scales even Yet I considered the small Substance I had got came by my Profession I therefore took my self both in Credit and Conscience bound to undertake this burthensome place for the maintenance and preservation of the honor of this house and with that I put Charge and Care in one Scale and Resolution in the other which scaled them both up Twenty years likewise of my last past time I have in the practise of my Profession spent but I hope little consumed thereof In which time I lanched forth my Ship In profundum maris for a Voyage to the Sea and now she is returned to your Shores furnish'd and ballist with Merchandize of several estimates By my Ship I mean my Statute which I read on which be the Laws of Sewers the Merchandize be the weighty matters therein contained By the Governors and Rulers of this Ship I mean the grave and prudent Commissioners who are put in charge and trust with the execution of these Laws By the Mariners I intend the Officers of this Law the Merchants place I reserve unto my self The Wares brought home be of divers sorts some only fit for the Imperial Majesty of a King and these be Royal Prerogatives shewing forth their splendor like the Flower de Lice in the Crown others belong to high Nobility and some be useful for the homely Commonalty the rest which shall remain I have cast under Hatches for my last days Mart when I mean to make chaffer on them all But though I seem to make these Markets of my Legal Merchandize yet I do not mean to set such Rates upon them as Merchants use to do which be all for utile dulce for I only set one price upon all which is your kinde acceptance Marvel not I pray you at these my Sea-like salutations for this day I am become god Neptunes Orator and I mean to display the power of his Empire for my Statute my Cases and my Argument will all depend upon the Element of Water over which as Poets feign Neptune hath chief predominance Well now my Ship is at shore and I have cast Anchor there and to my great comfort I see many Chapmen attending the Market and therefore now presently I will unlock and set open the closet of my Store which be contained in the fair Volumns of the Law and especially in that Law made and Enacted in the Parliament held in the 23. year of Hen. the 8. Chapt. 5. which is A general Act concerning the Commissioners of Sewers for all the Realm of England The causes wherefore I made choice to read upon this Law be five in number Viz. First For the Antiquity of these Laws of Sewers though this Statute bear date but 23. Henry 8. Secondly For the Largity and extent thereof which appears in the stile of this Statute and there termed A general Act for all the Realm of England Thirdly For the necessary use thereof which continual practise and daily experience teacheth us Fourthly I have had a more desire to read upon these Laws because never any Reader did heretofore undertake the same and upon perusal of this Statute and upon due consideration taken of others I thought I could not make my choice of a more fitting and more necessary Law nor more profitable for my Native Countrey of Lincolnshire and other Maritine places of this Kingdom then this is And Fifthly His Majesties general care which these Laws require at His hands and his special care by the which His Highness of late hath taken these Laws into His gracious and provident protection And upon due consideration taken of all these Cases I resolved to proceed in the Exposition of this Statute being made perpetual by the Statute of 3. Edward 6. cap. 8. And to speak something of the three first causes I am of Antiquity of these Laws Opinion for the Reasons and Authorities ensuing That the Laws of Sewers have been and be of great Antiquity and have told over as much time and as many years as any other Laws of this Realm have done For as Mr. Cambden in his Cambden Britannia saith Quod insula Britannia avida in mare omni ex parte se projecit Therefore this Realm adjoyning on every side upon the Sea could not be safe without those provident Laws made and used for the defence thereof And although it is said in Scripture That Almighty God In Manasses Prayer King of Judah hath bound the Seas by the word of his Commandment and had shut up the Deep and sealed it with his terrible and glorious Name yet God who bestowed wisedom on man it was his pleasure he should providently use it over the rest of the Creatures not giving way that he should be remiss or presumptuous in any thing which by his foresight or judgement might be prevented helped and relieved It is true that at the Flood Cum cateracta Coeli fuerint Genesis cap. 7. operta when the windows of Heaven were by Gods determinate will set open and that the Seas did Suum excedere modum no power of mans hand could stay the swallowing and devouring surges of the Seas and Waters yet then notwithstanding had God appointed that his Servant Noah and his Children and such Creatures as he appointed should be preserved by the Ark which was a work of their own hands Therefore the Laws of God and Nature have appointed man to make provision for the necessary defence and safety of himself and of his Countrey And the Laws of this Realm most of which have received their primam essentiam from the Divine Laws of the Almighty and have fetched their Pedigree from the Law of Nature have a principio bene so predominant in this Kingdom of England that they have never been wanting at any time to provide for the safety thereof And if the Register be so ancient a Book as Sir Edward Cook