Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	normandy_n	8,654	5	11.5816	5	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94265	Syllogologia; or, An historical discourse of parliaments in their originall before the Conquest, and continuance since. Together with the originall growth, and continuance, of these courts following, viz. [brace] High Court of Chancery, Upper Bench, Common-Pleas, Exchequer, Dutchy, and other inferiour courts now in use in this Commonwealth.	J. S.	1656 (1656)	Wing S93; Thomason E1646_1; ESTC R203463	29,703	88

only the direction of his demeasns and receipts the administration of Common justice continuing still in that other Court of his as it was before his coming hither For proofe of which matter I call to witnesse Gervasius Tilberiensis a learned man that lived so neer to the time of the Conquest that he confesseth he had talk with Henry Bishop of Winchester which was son to the Conquerours sister This man was an officer of the Exchequer here and penned speciall dialogues of the observations of the Exchequer which he dedicated to King Henry the second and are yet in the Exchequer in the Black Booke there in the first part of which his dialogues ca. 1. he writeth for the advancement of the Antiquity of the Exchequer that it was brought out of Normandy by the Conquerour and for the authority of the Court he hath amongst other words these following Nulli licet statuta Scaccarii infringere vel eis quavis temeritate resistere habet enim hoc commune cum ipsa domini Regis curia in qua ipsc in propria persona jura decernit quod nec recordationl nec sententiae in eo latae liceat alieni contradicere Whereby it is plainly proved the Court of the Exchequer was at that time a distinct Court from that Court of the King in the which he himself sometimes and commonly his justice called then Prima justitia did use to sit The one Court having authority over the Kings demeasns and receipts as Gervasius in all that worke at large discourseth and the other using the power of distributing common justice as his words in this place do sufficiently purport And therefore I cannot but here by the way note the error of them which do maintain that the Exchequer was in this time of King Henry the second a Court of whatsoever Common pleas for all subjects and which for proof of their assertion do alledge the Title of Mr. Glanvilâ—'s book in part thus Et illas solum leges continet consuetudines secundum quas placitatur in curia Regis ad scaccarium for overthrow whereof first I say that the words of this title be not the words of Glanvill himself but of that man whatsoever he were that published his book by print for he entituleth the book thus Tractatus de legibus tempore Reg is Henrici secundi compositus illustri viro Ranulpho de Glanvill juris regni antiquarum Consuctudinum eo tempore peritissimo which doth plainly discover that he speaketh of Glanvilla as of another man and which also lived not then but at another time Secondly I affirm that if it were the speech of Glanvill himself yet if you will take the rest of his words with you then you shall see that they have another meaning for the words stand thus together Secundum quas placitatur in Curia Regis ad Saccarium coram Justiciis ubicunque fuerint which words coram Justiciis ubicunque fuerint do set forth the other Courts of the King whereof I now speake Lastly I undertake to shew not by the title but by the Text of Glanvills owne booke that in his time the Kings Court was one and the Exchequer another for throughout his whole worke he called the Court of Common Pâ—eas Curiam Domine Regis And the Stile of the writ therefore is quod sit coram me vel Justiciis meis But when he cometh to speake of the Exchequer he talketh of Acompts to be made to the King there and of none other matter as namely in the 7. book Ca. 10. where he hath this Si dominus Rex aliquam custodiam alicui commiserit tunc distinguitur utrum ei custodiam pleno jure commiserit ita quod nullum inde reddere compotum oporteat ad Scaeâ—arium aut aliter But before that I leave the raign of this King Henry the second I must add this also that he in the xxiii of his raign did by the advice of some of his Bishops cut the Realm into 6. parts and to every of these parts appointed three Justices the which are by Henry Bracton called Itinerants and in Brittons Book Justices in Eire quasi errantes as Gervas of Tilbery expoundeth it The proper names of which Justices are set down by Roger Hoveden who also describeth their circuits not to differ much from the same that our Justices of Assize do now ride And so I conclude that not only during all the time of the Conquerour himself of William his son and of his other son Henry the first which was a peaceable Prince and a maintainer of the antient Laws and learned in them whereof he had the name Beauclark but also under the government of King Stephen and of this Heury the second there was one Court following the King which was the place of Soveraign justice both for matter of Law and conscience and one other standing Court which was Governess only of the lands and revenues of the Crown The first of which was then called Curia Domini Regis Aula regia Bract. fol. for that the Prince himself did many times fit in person there and had Justices a latere suo residentes as Bracton saith namely his chiefe Justice Chancellour Constables Marshall and others The later was then as it is now calâ—ed Scaccarium eo quod lusibilis Scaccarii formam haberet If you will give credit to Garves Tilber or else it took the name of Statarium Eo quod stabilis et firma effect ibi as Paulus Aemilius and after him Polydore Virgil doth write of it and in this the Prince sate not personally at any time but his chiefe Justice as President and then the Chancellor of the Exchequer the Treasurer and Barons The Common Place And in this manner that high Court of the King continued untill that Henry the third in the 9. yeare of his raign which was about the time in which he aspired to the age of xxi years granted unto his subjects that great Charter of the liberties of England in the 11. Ca. whereof he ordained thus Communia placita non sequuntur curiam nostram sed teneantur in aliquo loco certo whereupon followed two things The first This Court was in being before this statute it doth not appeare that it was then newly e. rected by the stat of M. Ch. that this Court was directed for the determination of all such pleas as did not concern the Crown and dignitie of the Prince but were meerly civill and did belong unto the subjects between themselves The second that this Court was established in a place certain and that was at Westminster to the end that the people might have a standing Seal of Justice wher to they might resort for the tryall of their owne causes and not to be driven to follow the King and his Court but only where the matter respecte him And after this fo 105.108 all the Writs that are recited in Henry Bractons book

might not be put off to shew cause from day to day which rather increaseth trouble and charges than either furthereth the suit for the hearing or benefits the parties in their cause Which thing whether it might be more couvenient than the present manner of motions I will leave to the judgement of such as have more wisdom to devise and power to execute And will sum up the rest of our Courts and make an end The Court of the Dutchy or County Palatine of Lancaster which is by a late Act of Parliament committed to the custody of a Commissioner grew out of the grant of King Edward the third The Court formerly called The Dutchy Court the jurisdiction whereof is now committed to a Commissioner or Commissioners County Palatine of Lanc. erected in Parliament 50 E. 3. and Iustices of Assises Gaole delivery and of the Peace have been since the erection of it Cook lib. 4. f. 204. 205. who first gave that Dutchie to his Son John of Gaunt and endowed it with such royall rights as the County Palatine of Chester had And forasmuch as it was afterward extincted in the person of King Henry the 4th by reason of the union of it with the Crown of the Realm the same King knowing himself more rightfully Duke of Lancaster then King of England determined to save his right in the Dutchy whatsoever should befall the Kingdom And therefore he separateth his Dutchy from the Crown and setleth it so in the naturall persons of himself and his heirs as if he had been no King or Pollitique Body at all in which manner it indured during the reign of King Henry the first and of King Henry the 6th that were descended of him But when King Edward the 4th had by recovery of the Crown recontinued the right of the House of York he feared not to appropriate that Dutchie to the Crown again And yet so as he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the 7th who liking well of that policy of King Henry the fourth by whose right he also obteined the Kingdom made by separation of the Dutchie as he hath done and so left it to his posterity It appeareth in our Books of the Tearms of King Edward the 4th The Star Chamber and the Report of cases happening under the usurpation of Richard the third This Court was in being before 28 E. 3. Cook lib. That sometimes the King and his Counsell And sometimes the Lord Chancellour and other great personages did use to sit Judiciall in the place then and lately called for that it is decked with certain Stats the Star Chamber But forasmuch as be like that Assembly was not ordinary therefore the next King Henry the 7th and his Son Henry the 8th took order by two severall Laws That the Chancellour assisted with others there named should have power to hear complaints against Reteinors Embraceries misdemeanours of Offices and such other offences which through the power and countenance of such as do commit them do lift up the head above other faults and for the which inferiour Judges are not so meet to give correction And because that place was before time dedicated to the like service it hath ever since also been so used untill it was taken away in the late King Charls his reign The Court of Requests The Court of the Requests being of the same nature as I said with the Chancery took beginning by Commission from King Henry the 8. before which time the Masters of the Requests had no warrant of ordinary Jurisdiction This Court had no warrant by act of Parliament or prescription to establ shit Cook lib. 4. fol. 97. but travailed between the Prince and Petitioners by direction from the mouth of the King The same King also established one Court of President and Counsell in the Marches of Wales 34. 35. H. 8. The Court of the Marches of Wales and that of the North parts were taken away in the late K Ch. his reign Anno 17. Car. And another like Court of President and Counsell in the North parts which Court in Wales was a Court of Law in its principall Jurisdiction although it did withall exercise other powers of equity by vertue of other severall Commissions that did accompany the same and the Court of York was in its principall Jurisdiction Equity and did exercise other powers by vertue of other Commissions Court of Wards The Court of Wards began about the 32th year of the reign of King Henry the 8 who also in the next year after added thereto the office of the Masters of the Liveries and withall conjoyned the names ordaining that it should be called The Court of his Wards and Liveries The same King likewise had erected one Court of the generall Surveiours of his Lands and one other of the Augmentations and Revenues of his Crown and a third Court of the first fruits and Tithes of Benefices But all these were afterwards dissolved and by Queen Mary united to the Court of Exchequer Thus having run along these Courts deriving them from the Crown I might proceed yet further to shew the originall and beginnings of some Courts erected by the late Parliament and the nature and beginning of the High Court of Justice that was erected in Westminster Hall Anno 1648. but they being so fresh in the memory of this age I shall not need to make mention thereof FINIS

which was written in the latter end of the raign of this King Henry the third have this Commandment to the partie quod sit coram Justiciariis meis apud Westmonasterium and not coram me vel Justiciis meis as the former form in Glanvill was And thus began the Court which because it hath power over Common-Pleas wee now call the Common-Place About this time also or not long after some other Courts of Justice were likewise opened The booke called Britton as it may partly appear by Henry Bracton but more plainly by John Britton which followed immediatly after him for in the beginning of the raign of King Edward the first this John Britton then Bishop of Hereford whose name Mr. Bale in his Centuries or his Printers mistaketh and calleth Bekton being singularly learned in the Laws of the Realm did at the commandment of that King and in his name compile a book now imprinted and named Britton in the beginning whereof he d videth all jurisdiction thus First that the King himself had soveraign jurisdiction above all others in his Realm to Judge in all causes whatsoever Secondly that the Marshall of the Kings house had the place of the King to hear and determine the pleas of the Crown within the verge and that the Justices in Erie had like authority in every County once in 7. years Thirdly that the Justices which followed the King wheresoever he went and sate in his place had conusance of erronious Judgement Appeals and other matters of the Crown Fourthly That the Coroner of the Household had his proper power within the verge and that he and others had the order of weight and measure throughout the Realm Fiftly That Sheriffs Coroners Hundredors Burgesses Serjeants and Beadles had and so have their Courts within each of their particular limits Sixthly That Justices being continually at Westminster have power over Common Pleas. Seventhly That the Exchequer at Westminster had authority concerning the Kings Debts and Feeds and all things incident thereunto And Lastly that other Justices had the charge of Assize of the deliverance of Gaols in every County Forasmuch as after this distribution of power to hold plea thus made some of these Courts would not contain themselves within their appointed limits but sought to enlarge their authority by usurping jurisdiction that was appropriate to others Articuli super Chartas ca. 3 4 5. The same King did by Parliament holden in the xxviii yeare of his raign confirm that great Charter for ever and in certain articles as he did call them set forth upon the said Charter did then by like authority of Parliament enact that they of the Exchequer should not take knowledg of any Common Plea That the Seneschall or Steward and the Marshall of the Kings houshould should not have plea in hearing of trespasses Seneschall os Sein a house and Scale skilfull So steward of Stow a place and Wear a keeper contracts and covenants made within the verge And the Chancellors and the Justice of the Kings Bench now the upper Bench should follow him wheresoever he went to the end that he might alwaies have men about him that were able to deliver Law to such as should require it Hitherto as you see there is no express mention in Britton either of the Court of Admiralty the Constables Court or the Chancery and therefore it remayneth that we labour to find out from whence they also fetched their beginnings and that shall we the more easily do if we give heed to this that Britton hath already opened for he leaveth the soveraign jurisdiction of all causes in the King The Admiralâ—y The Brittish and Saâ—on Kings had their Chancellours as Etheldred who began his raign 978 Edw. the Confessâ—â— had Reâ—nbâ—ld for Inâ—â—â— Chaâ—â—â—lor Edgâ—â— had Aâ—uâ—ph and â—â—ded and Edmund had Turkâ—ull and Kâ—ag Atheâ—stone had Wolfaid for his Chanâ—â—lor Cooke 4. Inst â— 97. and Ethel baâ—d had Turketill for his Chancelor about 718. so that whatsoever the King hath particularly de ivered out to others his Justices Commissioners and Delegats that still remaineth in himself and was exercised either by himself in person or by his Chancellour Councellors of a State and Justices of Law that continually attended on him for that service And therefore first concerning the Admiralty I think that the decision of marine causes was not put out of the Kings house and Committed over to the charge of the Admirall untill the time of King Edward the third whereunto I am led partly And then after this subscription of him and his Queene and of the Archbishops and Abbots one Renibaldus is named Cancelarius and in the end of all after the date of the Chreme it is vvritten thus Siwardus Notarius ad vicem Renibaldii Regiae dignitatis Cancellarii hanc cartam scripsi subscripsi The next year after this King VVilliam the Conquerour gave by another Charter to the same Abby sundry Lands in exchange for Windsor the which King Edward had bestowed on them and in the end of this grant he likewise saith Ego Willielmus Dei Gratia Rex Dux Normannorum atque Princeps Cenomannorum hoc scribi precipi scriptum hoc signo deminicae crucis â€ confirmando stabilivi nostraeque imaginis sigillo insuper assignari curavi And then in order as before it followeth Ego Mauritatus Regis Cancellarius favendo relegi sigillavi Hereby it appeareth that the office of the Chancellor then was at the first to make and seal the Instruments that passed from the Prince and this I call his originall duty because it cannot credibly be shewed of any history as I think that ever there was in England any of sealing of writings or mention of the name of Chancellor before the dayes of this Edward who having spent agreat part of his age in Normandy first brought the use of the Seal from thence into this Nation See before of the antiquity of Chancelors and with it I suppose the name of Chancelor In whose time also Leofricus the Britain is the first Chancelor I find named For that we learned of the Normans our manner of sealing Ingulphus the Abbot of Croyland which came out of Normandy hither in the Train of the Norman Conquerour assureth us writing thus Normancii Cyrographorum confectionem cum crucibus aureis aliis signaculis sacris in Anglia formari solitam in Cerae impressionem mutant c. And that the name of him that kept the seal came out of France also it may be probably conjectured both by the word which we found nearer to the pronunciation of the French than of the Latin and also by the office it self which hath been exercised in France under the same name and nature that we use it ever since the time of Charlemaigne at the least And so it is manifest that the Chancelor did bear this name and had the Charge of the Kings seal and writings both before and in

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