Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	die_v	king_n	tail_n	1,398	5	10.3058	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28585	The continuation of An historicall discourse of the government of England, untill the end of the reigne of Queene Elizabeth with a preface, being a vindication of the ancient way of parliaments in England / by Nath. Bacon of Grais-Inne, Esquire.	Bacon, Nathaniel, 1593-1660.; Bacon, Nathaniel, 1593-1660. Historicall and political discourse of the laws & government of England.	1651 (1651)	Wing B348; ESTC R10585	244,447	342

the State would trust it with and because it pretended Cognisance onely of matters of Record before them they found out a way of examining of witnesses by Commission and returning their Depositions in writing which being become a Record before them they gave their Sentence upon the whole matter without the ancient ordinary tryall Per pares It becomes a kinde of Peculiar exempting it selfe from the ordinary course in manner of triall and from the ordinary rules of Law in giving of Sentence and as a back doore for the Kings Arbitry in case of Judicature in matters of Common Pleas as the Councell Table was in Crowne Pleas they both are looked upon with a very pleasing eye of Majesty which loves not to be straite laced yet all is imbattelled under the colours of Equity Honor Conveniency and Conscience like a Monopoly that is bred under the wings of the Publique but feeds it selfe upon it That this had attained the Title of a Court so anciently as in K. Stevens time as the Honorable Reporter noteth I much question by the Title that Fleta gives it in later times nor under his favour will that Testimony cited out of the History of Ely warrant it but upon a mistaken ground of misplacing the note of distinction for I take the words to be thus translated King Etheldred determined and granted that the Church of Ely should for ever in the Kings Court hold the dignitie of the Chancery and not hold the dignitie of the Kings Court of Chancery Neverthelesse its clear that these times brought it to that condition that it might well carry that name if formerly it had not For it grew very fast both in honour and power and this not by usurpation though it did exceed but by expresse donation from the Parliament Yet is this power much darkned in the limits and extent thereof chiefly in regard that the Chancellor is betrusted with many things whereof there is no evidence for the Chancery to claim any Cognisance For he was in these times a person of many interests and relations being one of the Quorum in the Star-Chamber of the Kings Councell chief in the Chancery most commonly a Clergy man and therewith Legate è latere and in these severall Relations might act directly and yet in severall Courts And therefore though he had power with others to punish neglects of Execution of the Statutes of Wines by Act of Parliament and also of the Statute concerning Victuall and to determine matters of controversie between parties in Cases depending before the Parliament and in some matters that concern the Kings Revenue yet cannot these be said to be the proper worke belonging to the Cognisance of the Chancery but to the Chancellor by speciall Commission in another relation Allbeit I cannot deny but the Court it selfe had Cognisance in matters of as strange a nature Viz. To punish disturbances of Merchants in their trade to see to the executing of the Statutes of Purveiors and to remedy greivances contrary to other Statutes which generall words let in a wilde liberty to that Court to intermeddle in Lawes which were never intended for their touch to punish Nusances according to discretion to give remedy to Merchants upon the Statute of Staple so that its clear enough the Parliament intended it should be a Court and gave their Seale to their power of Judicature Nor as it seemeth was this any regret to the Courts of Common Law but as a thing taken for granted For the Reports tell us that if the King grants Tythes arising from without the bounds of any Parish the Patentee shall sue in the Chancery by Scire Facias and shall there proceed to issue or demurrer and then to the common Law where upon triall if the Defendant make default the Plaintiffe shall have Judgement and Execution And if the Heire be in Ward to the King the Mother shall sue and recover her Dower in the Chancery And they tell us that it had power to prohibite Spirituall Courts and Courts of common Law yea to over-rule or reverse judgements and yet the common Law held its ground when it was concerned for neither were all suites there by Bill as in cases of Equity nor determined according to such rules nor did the power of Judicature rest in the breast of one Chancellor but in him joyntly with other Councell of the King which were also learned Judges of the Law For the Report informeth that Edward the Second had granted a Rent in Taile to the Earle of Kent who dying his Sonne under age and Ward to the King Edward the Third seised amongst other Lands the rent and granted it to Sir John Molins Upon Petition the King refers the matter to the Arch Bishop and others of the Councell calling to them the Chancellor A Scire Facias goes forth to Sir John Molins he upon appearance pleaded to the jurisdiction as a case belonging to the common Law but it would not be allowed because it was to repeale the Kings Charter And whereas it was objected that the reference was to the Arch Bishop and others and therefore the cause ought not to be determined in the Chancery it was resolved that it did properly belong to the Chancery by the Law And in the Argument of the case it appeares clearely that the Kings Councell there were learned in the Law And the same is yet more evident by the Title of Bills in those dayes exhibited in the Chancery which was directed to the Chancellor and the Kings Councell and the rule given Per tout les Justices which I rather note for the shortnesse of the forme of Bills in those dayes farre different from these times wherein the substance of the complaint however small in it selfe is oftentimes blowne out into so great a bubble that it breakes to nothing And the Statutes formerly mentioned do assert the same thing as touching the Kings Councell For though they speake of the Councell or Chancery in the English Tongue yet in the Originall the words are Conceill en Chancery Having thus touched upon the matters under the Judicatory of the Chancery and Judges in the same in the next place the manner of proceedings comes to consideration For it seems they had been formerly very irregular and that contrary to the Grand Charter upon a bare suggestion in the Chancery the party complained of was imprisoned and no proceedings made thereupon for remedy whereof it was ordained that upon suggestions so made the complainant was to finde Sureties to pursue the suggestions and that the processe of Law should issue forth against the party without imprisoning him and that if the suggestions were not proved true the complainant should incur the like penalty that the Defendant should have done in case be had beene found guilty but afterwards this later clause was altered by another Statute because it was full of uncertainty and it was ordained that in such case the Complainant

Henry the Third of whom they who listed might be perswaded but few beleived the thing nor did himself but thence takes his flight up to a Jus Divinum or some hidden Fate that called him to the worke but even there his wings failed him and so he falls flat upon the Peoples Election De bene esse Some of these or all together might make Title enough for a great man that resolved to hold by hooke what he had got by crooke and therefore trussing them up all together he enters his claime to the Crown As comming from the blood Royall from King Henry and through the Right that God his grace hath sent me with the help of my Kinne and Freinds to recover the same which was in point to be undone for want of good Governance and due Justice The extract of all is that he was chosen by the People and Parliament then sitting And allbeit that by the Resignation of Richard the Second the Parliament might seem in strict construction of Law to be expired together with the Kings power who called them together yet did not that Parliament so apprehend the matter but proceeded not onely to definitive Sentence of Deposing him but declared themselves by their Commissaries to be the three States and Representative of the People of England maintaining thereby their subsistency by the Consistence of the Members together although their Cheif was for the present like a head in a trance till they had chosen Henry the Fourth to succeed in the Throne by this means preventing the conceit of discontinuance in the very Bud of the Notion Much like his entry was his continuance a continuall tide of Forraine and Domesticke Warre and Conspiracy enough to exercise his great Courage although he was more Wise then Warlike being loath to take up Armes for well he knew that a sick Title never sleeps but in a Bed of Peace and more loth to lay them down for besides Victory whereby he gained upon his Enemies in time of Warre he knew how to make advantage of them in time of Peace to secure his Freinds to keep others in awe to inforce such Lawes as stood with reason of State and the present posture of Affaires and where Lawes failed to fill up the period with Dictates of his owne will And upon this Account the Product was a government full of Ulcers of Blood-shed without regard of Persons whether of the Lay or Religious Order without Legall triall or priviledge of Clerke So was Arch Bishop Walden Dethroned Arch Bishop Scroope put to death and Dukes were dismounted without Conviction or Imputation saving of the Kings displeasure Taxes multiplied although begotten they were upon the Parliament like some monstrous Births shewne to the World to let it know what could be done but concealed by Historians to let it know what may not be done Yea the priviledges of Parliament invaded in point of Election A thing that none of his Predecessors ever Exemplyfied to him nor none of his Successors ever Imitated him in nor had he purposed it but that he was loath the People should know more of the Government then needs must To keep off Forrain troubles he made Peace with France for longer time then he lived yet was ever infested with the Sword of Saint Paul in behalf of Richard the Seconds Queene and with the Factions betweene the Houses of Orleance and Burgundy in which he had interested himselfe to preserve the Forraine Neighbour-hood in Parties one against another that himselfe might attend his owne Security at home He would have moved the Scots but they were already under English Banners nor could he reach so farre having so many Enemies even in his owne bosome The Welsh were big with Antiquity and Mountains of Defence they beginne to bethinke themselves of their Ancient Principality hold the Kings Armes at hard Duty till by Lawes enacted in Parliament they lost their Liberties of bearing Office Ministeriall or of Judicature of holding Castle of Convention without the Kings Licence yea of Purchase and so by degrees were brought downe from the height of a Free Principality to be starved in their Power and inferiour to a Free People And thus the Welsh on the one side the discontented Lords on the other and Mortimars Title in all so busied the King as though he lopped off the tops as they sprang up yet they sprang forth as they were lopped nor was it the Kings lot all this while to finde out the Root of All or to strike at that Lastly when time had made all troublers weary yet he stil sits upon thornes he was jealous of his Subjects jealous of his Son yea jealous of himself It being ever the first and last of his thoughts how to keep his Crowne For the most part of his Reigne he was troubled with the walking Ghosts of Richard the second ever and anon he was alive he was here he was there and so the Peoples mindes were alwayes kept at random but when all these Spirits are conjured downe Richard the seconds Ghoste is yet within Henries owne breast So ruled Henry the fourth an unhappy confident man that durst undertake more then he would did more then he ought was successfull in what he did yet never attained his end to be sure of his Crowne and quiet of minde For a plaister to this sore he turned somewhat towards Religion but shewed it more in Zeale to Church-men then workes of Piety and therefore may be thought to regard them rather as his best freinds in right of Arch Bishop Arundell then as in relation to Religion yet as if he overlooked that he desires their prayers becomes a strict observer of superstitious rights is fiery Zealous against the Lollards intends a journey into the holy Land and Warr against the Infidels the common Physick of guilty Kings in those dayes Breifly he did will to do any thing but undoe what he had done and had done more had his journey to the holy Land succeeded but whither hastned or delayed by a prophesie of the ending of his dayes falls not within my Penn to censure entring upon the worke he died in the beginning of his purposes in the midst of his feares never came to the holy Land and yet yeilded up his last breath in Jerusalem THe Parliament was then sitting and was witnesse of the death of Henry the fourth as it had beene of his entrance upon the Throne as if purposed to see to the cours of the Crowne in the doubtfull currant betweene the two Houses of Lancaster and Yorke and to maintaine their own honor in directing the Scepter according to their warranty upon a late intaile by act of Parliament yet did not all rest upon this for the Heire of Henry the fourth was a man every inch of him and meant not to Moote upon the point His Father died a King and he his Heire had the Crowne and was resolved to hold it A rough young man he