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A54696 Ursa major & minor, or, A sober and impartial enquiry into those pretended fears and jealousies of popery and arbitrary power with some things offered to consideration touching His Majestie's league made with the King of France upon occasion of his wars with Holland and the United Provinces : in a letter written to a learned friend. Philipps, Fabian, 1601-1690. 1681 (1681) Wing P2019A; Wing U141_CANCELLED; ESTC R23216 69,552 56

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the Second year of King Henry the Fourth An Assize shall be maintainable against the King 's Patentee of Lands without any title found for the King by Inquisition By an Act of Parliament made in the 4 th year of the Reign of the aforesaid King a special Assize shall be maintainable against a Disseisor by force Riots Routs and unlawful Assemblies are forbid by a Statute made in the 13 th year of the aforesaid King's Reign and the Justices of Peace near adjoyning Impowred to hear and determine the Offences and if they cannot are to certifie the King and his Council thereof By an Act of Parliament made in the second year of the Reign of King Henry the 5 th Commissions are to be from time to time awarded to Inquire of the defaults of the Justices of Peace Justices of the Assize Sheriffs and under-Sheriffs in not suppressing and punishing the same By an Act of Parliament made in the first year of King Richard the Third the Justices of Peace may let Prisoners to mainprize that are Arrested or Imprisoned for light suspition of Felony or by Malice and no Sheriff or other Officer shall seize the Goods of a Prisoner until he be attainted By an Act of Parliament made in the 23 th year of the Reign of King Henry the Eighth A Jury Convicted of giving a false Verdict if it be for any thing demanded above the value of Forty pounds and concerneth not the Jeopardy of a man's life shall forfeit Twenty pounds a piece the one half to the King and the other to the Party that will sue for the same and Five pounds a piece if the thing demanded be under the value of Twenty pounds and every one of them in the one Case and the other make fine and ransom by the discretion of the Judges before whom such false Verdict was given never after be of any Credence nor their Oaths accepted in any Court By an Act of Parliament made in the 32 year of the said King wrongful disseifin shall be no dissent in Law except the Disseisor shall have been five years in quiet Possession without entry or continual Claim of those who have lawful Title thereunto The Barons of the Exchequer are by an Act of Parliament made in the 33 th year of the aforesaid King Authorized by Bills of Equity in the Exchequer Chamber to acquit discharge or moderate all Recognizances Debts Detinues Trespasses Wastes Deceipts Defaults Contempts and Forfeitures Treasons Murders Felonies Rights Titles and Interest as well of Inheritance as Free-hold only excepted according to Equity and good Conscience By an Act of Parliament made in the 5 th and 6 th year of the Reign of King Edward the Sixth Great Penalties were laid upon those that should buy or sell Offices concerning the Administration of Justice or any Offices belonging to the King all Contracts Bonds Promises Covenants and Bargains to be void both as to the Buyer and Seller and the taker of any Gift or Promise to forfeit his Nomination and Interest therein By an Act of Parliament made in the 31 th year of the Reign of Queen Elizabeth Three Proclamations shall be made in every Action Personal where an Exigent is awarded and the Defendant before the allowance of any Writ of Error or Reversal of the Utlary shall be bound to answer the Plaintiff and satisfie the Condemnation By an Act of Parliament made in the 43 th year of the Reign of the aforesaid Queen Every Sheriff Under-Sheriff or other Person making any Warrant for the Summons Arrest or Attaching of any Person or their Goods to appear in any of the Courts of Westminster or procuring it without Original Writ or Process to warrant the same being Convicted thereof shall be Imprisoned without Bail or Mainprize until they shall have paid the party grieved Ten pounds with all his other Damages and Twenty pounds a piece for their Offence to the Queen and for the avoiding of Vexatious Actions where any recovery is had for Debt or Damages for less than Forty shillings or not above no more Costs shall be awarded by the Judge than the Debt or Damages recovered And by the Law Writs of Habeas Corpus una Cum die Causa Captionis are granted by the Courts of King's-Bench or Common Pleas when any are Imprisoned by the King or any other without Cause shewed to be Bailed if the Cause shall not appear to be Just and Legal And if any Man Imprison any of the King's Subjects without just Cause or enter upon or take away any of their Estates against the Tenor of our Magna Charta and Charta Forestae and many of our other excellent Laws and reasonable Customs he may although it be by the King's Command if not legal be punished for the same And our Magna Charta and Liberties are so Bulwarked and Fortified as every man may have reason enough to be assured That the People of England and Wales cannot upon any Emergencies and Violations of Laws want relief or Redress When the Justices in Eyre Instituted by King Henry the Second to ride their Circuits until they were by King Edward the Third changed into those of Assizes who in their Vernal and Autumnal Circuits carrying the King's Justice and Care of it into every Shire and County of England and Wales to prevent as much as might be their Travels and Expences to seek it farther from home did amongst many other Articles and Matters concerning the King and his People give in Charge to the Grand Juries of the several Cities and Counties of their Circuits which were Men of good Estates Knowledge Experience and Concerns Sworn to present what they should be charged to Inquire of and direct them to Inquire and present false Weights and Measures Lands seized into the King's hands which ought not to be seized or being ordered to be restored were not of those that were amerced without reasonable Cause and not according to the Offence or by their Peers without a saving to their Contenement a Merchant without a saving to him his Merchandize and a Villain without saving his Waynage and not by the Oaths of good and lawful Men of the Neighborhood if any Earls and Barons were amerced but by their Peers and after the manner of their Offences and if any Man of the Church be amerced otherwise than according to his Lay-Tenement and after the quantity of his Offence and by the Statute of Marleborough made in the One and fiftieth year of King Henry the Third of all other the breaches of the Laws and Liberties granted by Magna Charta and the Charter of the Forrest and other Articles and Matters to be Inquired of given unto them in Writing and upon their Oaths to answer distinctly what they did know Affirmatively or Negatively When the Judges of the Court of King's Bench who do yet retain the power of Justices in Eyre do in every Easter and
have a mind to Imitate such a self-ruining madness the dire Events and many heavy and remediless Calamities which fell upon the over-sparing and cautious Constantinopolitans who denying their Emperor a necessary and fitting Aid to defend them as well as himself made the Turks Master of all Greece so renowned heretofore for Learning and that City and the Riches of it a twentieth or a very small part whereof might have disappointed all the Tyranny Bondage and Slavery which they have ever since been under and are according to Humane Judgement like to continue to the end of the World in no better a Condition And now that Hannibal is ad Portas Dangers on all sides encompassing and crowding in upon us we should neither forsake our selves and good old England which will surely be worth the saving nor so much mistake that which was ever accompted to be Reason Wisdom and Forecast as to undervalue the prospect and the cares of Prevention laugh at them as Pedantick Fopperies or the dotage of a Decrepit World and like Jonas displeasing his God fall asleep in the midst of a Tempest But rather make hast to return to our selves and set before us the Wisdom and Examples of our Ancestors and Predecessors who in the care of themselves and of the Private and Publick not separate but joyned together as well as of their Kings and Soveraigns would not be deterred by any Statemisfortunes or Irregularities or tempted by their Jealousies or Fears to suffer themselves as the Members and smaller parts of the Body to languish and be destroyed by neglecting the Head and the Security and Safety thereof or by not paying their Duty and Reverence to their Kings hate and ruine themselves which in all their Discontents and Murmurings against their Kings and Government the Anxieties or Commotions of their Minds and Passions or the Dispairs which had sometimes seized upon them they did so much seek to avoid as they did not refuse them Aids in all their Wars and Troubles Domestick and Foreign King Henry the Second who after a very great and general Act of resumption of the Aliened Crown Revenue some whereof had been granted by himself had discontented many of his great Nobility when all his Sons had Rebelled Warred and taken Arms against him wanted not a supply by Escuage from his Subjects of England to reduce them to Obedience and make his Wars in France King Richard the First being unfortunately in his Return Incognito from his warlike and glorious Expedition to Jerusalem made Prisoner by an unworthy Surprize of the Duke of Austria and the German Emperor enforced as some of our Historians have reported for his Deliverance to invest the former of them with the Superiority of his Kingdom of England by the delivering of his Hat unto him which the Emperor in the presence of divers of the Nobility of Germany and England returned unto him to hold the Kingdom of him by the Annual Tribute of Fifty thousand pound Sterling and his Brother John Usurping the Crown in his absence and Plotting with the Emperor and the King of France his mortal Enemy to continue him a Prisoner during his Life both Laiety and Clergy notwithstanding that he had by the perswasion of the Clergy more than of the Laiety been ingaged in that very Expensive War did so strain themselves to redeem the Person of their King the Kingdom and People at that time being secure enough from Foreign Invasions as they raised and paid One hundred and fifty thousand Marks in pure Silver of Cologn weight then a very great Sum of Money by Twenty Shillings imposed upon every Knights Fee the fourth part of the Revenue of the Laiety and the like of the Clergy a tenth of their Goods all or most the Chalices and Treasure of the Church being then also not a little sold to make up the Sum So as William Petit or Newbrigensis who wrote his Book in that time saith Ferè exmunita pecuniis Anglia videretur England seemed to be almost emptied of all her Money and the like courses were held for raising that then great Sum of Money in all his Dominions beyond the Seas King John likewise having resum'd much of his Crown-Lands Murdered as was suspected his Nephew Arthur the right Heir to the Crown and thereby forfeited the Dutchy of Normandy to the King of France of whom he held it and in those many Troubles and Distresses which were cast upon him by his unruly Baronage constrained to acknowledge to hold his Kingdoms of England and Dominion of Ireland of the Pope and his Successors in Fee-Farm under the yearly Rent of One thousand Marks per Annum Charged his Earls and Barons with the Losses which he had sustained in France Fined and made them pay a seventh part of all their Goods had Two marks and a half granted unto him by the Parliament out of every Knight's Feé and within a year after a thirteenth part of all the Moveables and other Goods as well of the Clergy as of the Laiety King Henry the Third his Son resum'd all the Lands alien'd from the Crown had so great Troubles entail'd upon him by the Contests of his boisterous Baronage with his Father as Lewis the French King's Son was called in by some of them received their Homage and had London and a great part of the Kingdom delivered up and put into his Possession but upon better Consideration was afterwards sent home again by those that Invited him and the Barons of England having so little accorded with their Native King as several Battels were fought betwixt them in one of which the King himself was taken Prisoner and in another released by the Valour of the Prince his Son the managers of that Rebellion Slain and their multitude of Partizans reduced to Obedience being a great part of the Kingdom by their Compounding with his Commissioners at Kenelworth to give him Seven years Purchase of the yearly value of their Lands which amounted to a very great Sum of Money for a Pardon for their Offences and a Redemption of their Estates the Subjects and People of this Nation did howsoever in order to their own Preservation besides the fifteenth part of all their Goods for his Grants of Magna Charta and Charta Forestae not deny him their Aids of Scutage Fifteenths and Tenths there being scarce a year wherein there was not a Parliament and seldom any Parliament without a Tax King Edward the First notwithstanding his Writs of Quo Warranto brought against all the Nobility Great Men Gentry and others of England Cities and Burroughs Claiming Liberties and Priviledges wherein he did put them strictly to prove them either by Grant or Prescription seized and confiscated the Estates of the Earls of Gloucester Hereford and Norfolk Men of great Might and Power for their refusing to go and serve him in his Wars beyond the Seas the Earl of Hereford being Constable and the Earl of Norfolk Earl Marshal of
Bohemia and that by the designed Marriage of His late Majesty with the Infanta of Spain he endeavoured all he could to allay and quench the Fire which the Wars about that and the Palatinate had kindled in Germany and had put too many of our English into an humour and fit of Zeal to desire the propagating of the Protestant Religion by the Sword no such Fears or Jealousies had gained a Possession in the Minds of some unquiet People who were in Duty as well as Reason to have acquiesced in the Constancy and Care of that Religious King for the preservation of the Protestant Religion Nor escape your Observation that the benefits of the Marriage with the Infanta of Spain being not well understood and the misapprehension of a Toleration of Popery to ensue thereupon multiplying the supposed Dangers Having induced the House of Commons in Parliament in the Nineteenth year of his Reign to Petition that peaceable Prince that the time was come that Janus Temple must be opened and the Voice of Bellona not of the Turtle must be heard and therefore they thought it their Duty not only to provide for the present supply of the War but to take Care for the securing of their Peace at home which the dangerous Increase and Insolency of Popish Recusants apparently visibly and sensibly did lead them unto And yet in the same Petition did acknowledge That they did not assume to themselves any Power to determine of any part thereof nor intended to incroach or intrude upon the sacred bounds of his Royal Authority to whom and to whom only they acknowledged it did belong to resolve of Peace and War and the Marriage of the most Noble Prince his Son Unto which he did Answer That his Son in Law 's unjust Usurpation of the Crown of Bohemia from the Emperor had given the Pope and all that Party too fair a ground and opened them too wide a gate for curbing and oppressing of many Thousands of the Protestant Religion in divers parts of Christendom that the Palatines accepting of the Crown of Bohemia had no reference to the Cause of Religion and therefore would not have the Parliament to couple the War of the Palatinate with the Cause of Religion and that the beginning of that miserable War which had set all Christendom on fire was not for Religion but only caused by his Son-in-Law's hasty resolution following evil Counsel to take to himself the Crown of Bohemia and in the last year of his Reign in a Speech to the Parliament wished that it might be written in marble and remain to Posterity as a mark upon him when he should swerve from his Religion And certainly he must be much an Infidel and a great Master in the Phantasticks and School of Opinionastrete that will not believe King Charles the First his Son to have been a great Assertor of it when in the fourth year of his Reign in a Speech to the Parliament he declared That he was and ever should be as careful of Religion and as forward as they could desire and would use all means for the maintenance and propagation of that Religion wherein he had lived and did resolve to die And in the Head of his Army and very great Distresses afterwards profess by the taking of the blessed Sacrament to maintain it and took so great a Care of it as a Popish Book could not peep into England but he speedily appointed some of his Chaplains or some other Learned Man of the Church of England to Print and Publish an Answer unto it made many of his Coins of Silver to Proclaim his resolution to Defend the Protestant Religion Laws Privileges of Parliament and the Liberties of the People and died a Martyr because he would not deliver up his Subjects to a perpetual slavery of a never to be shaken off Arbitrary Power And His Majesty that now is being the Son and Heir of his Constancy in the Protestant Religion hath been so much of that fixed and unalterable Resolution as the Love of a Mother and all those Obligations that a filial Obedience had put upon him could not disswade him from enforcing the Duke of Gloucester his younger Brother out of her Tuition and Intention to breed him up in the Popish Religion and the Syren Charms of Militiere in his Book purposely Dedicated unto him to make him averse to that Religion whose Pseudo-Professors had murdered his Father and been the Cause of those very many Miseries Affronts Ill Usages Wants and Reproaches which he and his Royal Brothers endured in the Twelve years longsome time of his Distresses could never perswade him to accept of a strong and powerful Aid of Catholick Princes for his Re-establishment in his Kingdoms nor incline him to do that to save Three Kingdoms which his Grandfather by the Mother-side the Great Henry of France by reconciling himself to the Church of Rome did to save only one when his Sufferings outwent and far surmounted any which his Grandfather had endured But if any would have our Laws the severest of which was Enacted in the Conspiracy and feared evil Consequences of the Gun-Powder Treason to be put so much in execution as to forfeit and take away two parts of three the whole in three parts to be equally divided of the real Estates of those who have Lands and Subject those that have no Lands to great Forfeitures and Penalties and incapacitate all to bear any Office in the Kingdom They are to consider that it will be as hard as unequal for their King and Common Parent as well as ours to allow a Liberty and Connivance to those that are of worse Principles or at least as dangerous as the Papists fought and were active in our last Wars and Miseries against His Majesty and His Royal Father and all that were their Loyal and Obedient Subjects and deny it to those that fought were Sequestred Plundered and Suffered for them that all the Protestants in the World are not in England and that amongst those in England there are too many the more is the pity who have so rent and divided themselves from the Church of England and do so much and so often vary in their Judgments Practice and Opinions as they appear rather to be no Protestants or very little embracing the Profession and Interest thereof that our Incomparable and Prudent Queen Elizabeth could never have maintained and supported so much as she did the Protestant Religion as well Lutheran as Calvinist in the Parts beyond the Seas and that of the purer and better reformed Religion of the English Church at home by her Aids Embassies Leagues and Intercessions if she had not requited the Catholick Princes with the like Indulgence and usage to any of her Subjects that were of the Romish Religion and that neither the Rebellions of the Earls of Northumberland and Westmorland for the advance of Popery many several Attempts to take away her Life and Plots to Dethrone her could ever