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land_n die_v hold_v tenant_n 2,632 5 9.7659 5 true
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A50030 Leicester's common-wealth conceived, spoken and published with most earnest protestation of dutifull goodwill and affection towards this realme / by Robert Parsons Jesuite ; whereunto is added Leicesters-ghost.; Leycesters commonwealth. Parsons, Robert, 1546-1610.; Rogers, Thomas, 1573 or 4-1609 or 10. Leicester's ghost. 1641 (1641) Wing L969; Wing L970_VARIANT; ESTC R12740 146,895 230

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king and crowne have great priviledge and prerogative above the state and affaires of subjects and great differences allowed in points of law As for example it is a generall common rule of law that the wife after the decease of her husband shall enjoy the third of his lands but yet the Queene shall not enjoy the third part of the Crowne after the Kings death as well appeareth by experience and is to be seene by law Anno 5. and 21. of Edward the third and Anno 9. and 28. of Henry the sixt Also it is a common rule that the husband shall hold his wives lands after her death as tenant by courtesie during his life but yet it holdeth not in a Kingdome In like manner it is a generall and common rule that if a man dye feased of Land in Fee-simple having daughters and no sonne his lands shall be divided by equall portions among his daughters which holdeth not in the Crowne but rather the eldest Daughter inherite●h the whole as if she were the issue male So also it is a common rule of our law that the executor shall have all the goods and chattels of the Testator but not in the Crowne And so in many other cases which might bee recited it is evident that the Crowne hath priviledge above others and cannot be subject to rule be it never so generall except expresse mention be made thereof in the same law as it is in the former place and a statute alledged but rather to the contrary as after shall be shewed there is expresse exception for the prerogative of such as descend of Royall bloud Their second reason is for that the demand o● title of a Crowne cannot in true sense bee comprehended under the words of the former statute forbidding aliens to demand heritage within the allegiance of England and that for two respects The one for that the Crowne it selfe cannot be called an heritage of allegiance or within allegiance for that it is holden of no superiour upon earth but immediately from God himselfe the second for that this statute treateth onely and meaneth of inheritance by descent as heyre to the same for I have shewed before that Aliens may hold lands by purchase within our Dominion and then say they the Crowne is a thing incorporate and descendeth not according to the common course of other private inheritances but goeth by succession as other incorporations doe In signe whereof it is evident that albeit the King be more favoured in all his doings then any common person shall be yet cannot hee avoyd by law his grants and letters patents by reason of his nonage as other infants and common heires under age may doe but alwayes be said to be of full age in respect of his Crown even as a Prior Parson Vicar Deane or other person incorporate shall be which cannot by any meanes in law bee said to be within age in respect of their incorporations Whi●h thing maketh an evident difference in our case from the meaning of the former statute for that a Prior Deane or Parson being Aliens and no Denizens might alwayes in time of peace demand lands in England in respect of their corporations notwithstanding the said statute or common law against Aliens as appeareth by many booke cases yet extant as also by the statute made in the time of King Richard the second which was after the foresaid statute of King Edward the third The third reason is for that in the former statute it selfe of King E●ward there are excepted expresly from this generall rule Infantes du Roy that is the Kings off spring or issue as the word Infant doth signifie both in France Portugall Spaine and other Countries and as the Latine word Liberi which answereth the same is taken commonly in the civill 〈◊〉 Neither may we restraine the french words of that Satute Infant●s du Roy to the kings children onely of the first degree as some doe for that the barr●nnesse of our language doth yeeld us no other word for the same but rather that therby are understood as w●ll the nephewes and other discendants of the king or blood Royall as his immediate children For it were both unreasonable and ridiculous to imagin that king Edward by this statute would go about to disinherit his own n●phews if h● should have any borne out of his own allegiance as easily he might at that time his sons being m●ch abroad from England and the black Prince his eldest son having two children borne b●yond the seas and consequently it is apparent that this rule or maxime set down against Aliens is no way to be stretched against the descendants of the king or of the blood Royall Their fourth reason is that the meaning of king Edward and his children living at such time as this statute was made could not be that any of their linage or issue might be excluded in law from inheritance of their right to the Crowne by their foraine bir●h wheresoever For otherwise it is not credible ●hat they would so much have dispersed their own blood in other Countries as they did by giving their daughters to strangers other mean●s as Leone● the kings third son was married in Millan and Iohn of Gaunt the fourth son gave his two daughters Philip and Katherine to Portugall and C●st●le and his neece Joan to the king of Scots as Thomas of Woodstocke also the yongest brother married his two daughters the one to the king of Spaine and the other to D●ke of Britaine Which no doubt they being wise Princes and so neer of the blood Royal would never have done if they had imagined that hereby their issue should have lost all claime and title to the Crown of England and therefore it is most evident that no such bar was then extant or imagin'd The fift reason is that divers persons born out of all English dominion and allegiance both before the Conquest and since have bin admitted to the succession of our Crown as lawfull inheritours without any exception against them for their foraine birth As before the Conquest is evident in yong E●gar Etheling borne in Hungarie and thence called home to inherit the Crowne by his great unckle king Edward the Conf●ssor with full consent of the whole Realm the B. of Worcester being sent as Ambassador to fetch him home with his father named Edward the out-law And since the Conquest it appeareth plainly in king Stephen and king Henry the second both of them borne out of English dominions and of Parents that at their birth were not of the English allegiance and yet were they both admitted to the Crowne Yong Arthur also Duke of Britain by his mother Constance that matched with Geffray king Henry the seconds sonne was declared by king Richard his unckle at his departure towards Jerusalem and by the whole Realme for lawfull heire apparent to the Crowne of England though
y●eld money he tha● mak●th title to what land or other thing he please and driveth the parties to compound for th● same same he that ●ake●h in whole Forests Commons Woods and Pastures to hims●lfe compelling the Tenants to make him pay new rent and what he cesseth he that vexeth and opp●●sseth whomsoever hee l●st taketh f●om any wh●t hee l●●t and maketh his owne claime sui● and end as he list he th●t selleth his favour with the Prince both abroad in forraine countries and at home and sette●th the price thereof what himselfe will demand he that hath and doth all this and besides this hath infinite presents daily brought unto him of great v●lue both in Jewels Pl●te a●l kinde of Furniture and re●dy Come this man I s●y may easily beare his ow●e expences and yet lay up s●fficiently also to weary h●● Prince when need shall require You h●ve said much sir q●oth ●h● Lawyer and such matter as toucheth nearly b●th her Majesty and the Commonwealth and yet in my conscience if I were to plead at ●he barre for my Lord I could not tell which of all these members to deny But for that which you mention in the last part of h●s gaining by her M●jesties favour both at home and ab●oad Touching his home-gaine it is evident seeing all that he hath is gotten onely by the opinion of her Majesties favour towards him and many men doe repaire unto him with fat presents rather for that ●hey suppose he may by his favour do them hurt if he feele not their reward then for that they hope he will labour any thing in their affaires You remember I doubt not the story of him that offered his Prince a great yearly rent to have but this favour onely that hee might come every day in open audience and say in his eare God save your Majesty assuring himselfe that by the opinion of confidence and secret favour which hereby the people would conceive to be in the Prince towards him he should easily get up his rent againe double told Wherefore my Lord of Leycester receiving daily from her Majesty greater tokens of grace and favour then this and himselfe being no evill Merchant to make his owne bargaine for the best of his commodities cannot but gaine exceedingly at home by his favour And for his lucre abroad upon the same cause I leave to other men to conceive what it may b● sithence the beginning of her Majesties reigne the times whereof and condition of all Christendome hath beene su●h as all the Princes and Potenta●es round about us have beene constrained at one time or other to sue to h●r Highnesse for aid grace or favour in all which sutes men use not to forget as you know the parties most able by their c●ed●t to further or let the same In particular onely this I can say that I have heard of sundry Frenchmen that at such time as the treaty w●s betweene France and England for the re-delivery of Callis unto us againe in the first yeare of her Majesties reigne that now is when the Frenchmen were in great distresse and mis●ry and King Phi●ip refused absolutely to make peace with them except Callis were restored to England whither for that purpose he had now delivered the French hostages the Frenchmen doe report I say that my Lord of Leycester stood them in g●e●t stead at ●hat necessity for his reward which you may well imagine was not small for a thing of such importance and became a suiter that peace might be con●luded with the release of Callis to the French● which was one of the most impi●us facts to say the truth that ever could be devised against his Common-wealth A small m●tter in him said the Gentleman for in this he did no more but as Christ said of the J●wes ●hat they filled up the measure of their Fa●hers sinnes And so if you reade the story of Ki●g Edwards time you shall finde it most evident that this mans f●ther before him sold Bullo●g●e ●o the French by like treachery For it w●s d●livered up upon composit●on w●thout necessi●y or reason th● five and twentie●h of April in ●he fourth year of King Edward the sixt when he I mea●● Duke Dudley had now put in the Tower the Lord Protector and thrust out of the Cou●cell whom he listed as nam●ly th● Earl●s of A●undel and South●mpton and so invaded the whole government himse●fe to sell spoile or dispose at his pleasure Wherefore this is but naturall to my Lord of Leycester by discent to make merch●ndise of the S●a●e for his Grandfather Edmund also was such a kinde of Copesman An evill race of Merchants for the Common-wealth quoth the L●wyer but y●t Sir I pray you said he expound unto me somewh●t more at large the nature of these licences which you named as also the changing of lands with her M●jesty if you can set it downe any plainer for they seeme to be things of exc●ssive gaine especially his way of gaining by offending her Majesty or by her Highnesse off●●ce towards him for it seemeth to be a device above all skill or reaso● Not so quoth the Gentleman for yo● know that every falling out must have an attonement ag●ine whereof hee being su●e by the many ●nd puissant meanes of his fr●ends in Court as I have shewed before who shall not g●ive her Majesty rest untill it be done then for this a●●onement and in perf●ct reconciliation on h●r M●j●sties part she must g●ant my Lord some su●● or other which he will have alwaye● ready p●ovided for that purpose and this sute shall hee well ●ble to reward his friends that laboured for his ●eco●cilement and leave also a good remainder for himselfe And this is now so ordinary a practice with him as all th● Real●e obs●rv●th the same and disdaineth that her Majesty should bee so unworthily ab●sed For if her H●ghnesse fall not out with him as often as he desire●h to gaine this way then he picketh some quarrell or other to shew himselfe discontented with her so that one way or other this gainfull reconciliation must be made and that often for his commod●ty The like art he exerciseth in inviting her Majesty to his banquets and to his ho●ses where if shee come she must grant him in sutes tenne times so mu●h as the charges of all amount unto so that Robi● playeth the Broker in all hi● aff●ires and maketh the uttermost p●nny of her M●jesty every way Now for his change of lands I thinke I have beene reasonable plaine before yet for your fuller satisfaction you shall understand his further dealing therein to be in this sort Besides the good lands and of ancient possession to the Crowne procured at her Majesties hand and used as b●fore was declared hee useth the same tricke for his worst lands that he possesseth any way whether ●hey come to him by extort meanes and plai●e oppression or
well as in the life to come But I pray you si● s●●ing mention is now made of the former opp●essi●ns so much talked of throughout the realm tha● you will take the pains to explain the subst●nce therof un●o me for albeit in generall every m●n do●h know ●he same and in heart doe detest the tyranny th●reof yet we abroad in the Countrey doe do● understand it so well and distinctly as you ●hat be Lawyers who have seene and understood ●he whole processe of the same The case of K●llingworth and D●nbigh said the Lawyer are much alike in matter and manner of proceeding though different in time place and importance F●r that the Lordsh●p in D●nbigh in Northw●les being given unto him by her Majesty a great while agoe at the beginning of his rising which is a L●rdship of singular great importance in that Countr●y having as I have heard well neere 200. worshipfull G●ntlemen freeholders to th● same the tenants of the place considering the pr●sen● state of things ●nd having learned the hungry disposition of the●r new Lord made a common purse of a th●usand pou●ds to present him withall at his fi●st entran●e wh●ch though he received as he r●fuseth noth●ng yet accounted he the sum of small effect for satisf●ction of his appeti●e and ther●fore applied h●mselfe not onely to m●ke the ut●ermost that he could by Leases and such like wayes of commoditie but also he w●uld needs enforce the F●eehol●ers to raise th●ir old rent of the Lo●dship from two hundreth and fif●y pounds a yeere or thereabouts at which rate he had receiv●d the same in gif● from her M●jesty ●nto e●ght or nine hundre●h pounds by the yeere For that he had found out forsooth an old record as he said whereby he could prove that in ancient time long past that Lordship had yeelded so much old rent and ther●fore he would now enforce the present tenants to mak● up so mu●h againe upon their lands wh●ch they thought was against all reason for them to doe but my Lord perforce would have i● so and in the end compelled them to yeeld to his will to the impoverishing of all the whole Countrey about The like proceeding he used with the tenants about K●llingworth where he received the said Lordsh●p and Castle from the Prince in gift of twenty foure pounds yeerely rent or thereabout hath made it now better then five hundreth by yeere by an old record also found by great fortune in the hole of a wall as is given out for he ha●h singular good luck alwayes in finding out records for his purpose by vertue whereof he hath taken from the tenants round about their Lands Woods Pastures and Commons to make himselfe Pa●kes Chaces and other commodities therwith to the subversion of many a good family which was maintained ●here before this devourer set foot in that Countrey But the matter of Snowden Forest doth passe all the rest both for cunning and cruelty the tragedy whereof was this he had learned by h●s intelligencers abroad whereof he had great store in every part of the Realme ●hat there was a goodly ancient Forest in Nor●h wales which hath almost infinite borderers about the same for it lyeth in the middest of the Countrey beginning at the hils of Snowden whereof it hath his name in Carnarvanshire and rea●heth every way towards divers other shires When my Lord heard of th●s he entered presently into the conceit of a singular great pr●y going to her Majesty signified that her highnesse was often times abused by the incroaching of such as dwelt upon her Forests which was ne●essary to be restrained and therefore beseeched her M●jesty to bestow upon him ●he ●ncrochments only which he should be able to finde out upon the Forest of Snowden which was granted And thereupon he chose out Commissioners fit for the p●rpose and sent them into Wales with the like Commission as a certaine Emperour was wont to give his Majestrates when they departed from him to governe as Suetonius writeth Scitis quid velim quibus opus habeo You know what I would have and wh●t I have need of Which recommendation these Commissioners taking to hear● omitted no diligence in execution of the same and so going into Wales by such meanes as they used of setting one man to accuse another brought quickly all the Countrey round about in three or foure shires within the compasse of Forest ground and so entred upon the same for my Lord of Leic●sters Whereupon when the people were am●zed and expected what order my Lord himselfe would take therein his Lord was so far off from refusing any part of that which hi● Commissioners had presented and offered him as he would yet fur●her stretch the Forest b●yond the Sea into the Isle of Anglesey and make that also within his compasse and bounder Which when the Common●lty saw and that they profited nothing by their compla●ning and cry●ng out of this tyranny they appointed to send some certaine number of themselves to London to m●ke supplication to the Prince and so they did choosing out for that purpose a dozen G●ntlemen and many more of the Commons of the Countrey of Llin to deale for the whole Who com●ng to London and exhibiting a most humble suppli●ation to her M●jesty for redresse of their oppression received an answer by the procurement of my Lord of Leycester that they should have justice if the commonalty would returne home to their houses and the Gentlemen remaine there to solicite the cause Which as soone as they had yeelded unto the Gentlemen were all taken and cast into prison and there kept for a great space and afterward were sent downe to Ludlow as the place most eminent of all these Countries there to weare papers of perjury and receive other punishments of infamy for their complaining which punishments notwithstanding afterward upon great suit of the parties and their friends were turned into great fines of money which they were constrained to pay and yet besides to agree also with my Lord of Leycester for their owne lands acknowledging the same to be his and so to buy it of him againe Wherby not onely these private Gentlemen but all the whole Countrey thereabout was and is in a manner utterly undone And the participation of this injury reacheth so far and wide and is so generall in these parts as you shall scarce finde a man that cometh from that coast who feeleth no● the smart thereof being either impoverished beggered or ruinated thereby Whereby I assure you that the hatred of all th●● Countrey is so universall and vehement against my Lord as I think never thing created by God was so odious to that Nation as the very name o● my Lord of Leic●ster is Which his Lordship wel knowing I doubt not but that he will take hee● how he go thither to dwell or send thither his posterity For his posterity quoth the Gentleman I suppose he