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	son_n	tenant_n	2,760	5	10.4110	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54580	The happy future state of England, or, A discourse by way of a letter to the late Earl of Anglesey vindicating him from the reflections of an affidavit published by the House of Commons, ao. 1680, by occasion whereof observations are made concerning infamous witnesses : the said discourse likewise contains various political remarks and calculations referring to many parts of Christendom, with observations of the number of the people of England, and of its growth in populousness and trade, the vanity of the late fears and jealousies being shewn, the author doth on the grounds of nature predict the happy future state of the realm : at the end of the discourse there is a casuistical discussion of the obligation to the king, his heirs and successors, wherein many of the moral offices of absolution and unconditional loyalty are asserted : before the discourse is a large preface, giving an account of the whole work, with an index of the principal matters : also, The obligation resulting from the Oath of supremacy to assist and defend the preheminence or prerogative of the dispensative power belonging to the king ...	Pett, Peter, Sir, 1630-1699.	1688 (1688)	Wing P1883; ESTC R35105	603,568	476

Philosophical Axioms and such as Non entis nulla sunt accidentia but it were a Solecism to deny that the Takers of these Oaths have become bound at that time to the Haeredes viventis who were then nondum vivi or that a Lessee is bound at the perfecting of his Lease to pay his Rent to the Heirs of the Lessor tho then not in nature If the Style of the King of the Romans can in an Elective Government and during the Emperors life be Ego N. Rex Romanorum futurus Imperator is not the next Heir of the Crown in an Hereditary Monarchy to be styled the certain and undoubted Heir of the Crown as long as he lives I find not the term of apparent joyned to Heir in any Books of Law or History but of our Country but God making Heirs and especially the Heirs of Crowns the inherent Birth-right by Proximity of Blood is the id ipsum to be regarded and if Haeres viventis QVATENVS such must be a Solecis●● according to Sir W. I's insinuation then the Quotation usually brought out of Sir E. Coke by Writers of this Subject That the Heir apparent is Heir before the death of his Ancestor must be a Solecism too according to the known Rule in Logick of A quatenus ad omne c. I shall studiously avoid the embarassing the Question with needless Points of Law and do consider that i● in Courts of Law we are above the Apices verborum we are much more above them in the Court of Conscience And here I must say it that if in the interpretation of Princes savours and Concessions we are allowed to go by the Rule that in them Exuberantior fides requiritur and that therefore promissio in dignitate Regali factà aequipollet juramento and that a Sovereign Prince appealed to about the Rights of Subjects is Morally bound to proceed therein Vt DEVS qui soli veritati innititur and according to the Style of the Judges delegated by Sovereign Princes Solâ rei veritate inspectâ and throwing off the Formal Rules and Solemnities even of positive Laws themselves it may be well inferred that the Divine Law of Nature obliging us to Gratitude we are Morally bound in the preservations of the Lives and Rights of Princes tho we had not been sworn to them yet to regard them as God and not to obscure their Rights with Formalities and subtilties of Law and much less with tricks of words but especially in the interpretation of our Oaths to them to use the greatest simplicity therein that is sutable to the Law of Nations Nature and Christianity and to abhor what the Lawyers call a Subdola juris interpretatio and what may be called as the expression is in Iob a darkening of Council by words without knowledge and a gloss that corrupts the Text and is directly contrary to the Right of Kings and Princes for the securing of which and removing all doubts or strife about the same these Oaths were made And should any one tell me of the effect of that saying Nemo est haeres viventis in our Common-Law and that Land being given to A. for life and the remainder to the Heirs of B. and that A. dying while B. lives who hath at that time a Son that Son shall never have the Land because of Non est haeres viventis but it shall go back to the Donor if alive or if dead to his Heirs I will ask him if the Donor should be bound in Justice and Equity by a certain future time to Lett the Heirs of B. have the Land and had voluntarily sworn that B's Heirs should then have the same whether the Donor then could with a Salvo to Conscience keep the Son or other Heir from the same by Virtue of the Non est haeres viventis But we are to be tender how we compare the Inheritances of private Persons with that of the Crown which is of a higher Nature and without a Metaphor differs from them Toto Coelo and is so much above them And how regardless were they then of the Birth-right of the oldest Monarchy in the World and particularly of the present Glorious Royal Line that would not allow it the Privilege of being plainly understood as they do to private Inheritances and as to which William the Conqueror in that part of his Charter to London is allowed to speak intelligibly enough viz. And I wyll that ich Child be his Faders Eyer But I am weary of this Wild-goose chace of the Haeres viventis among old Books and my pointing back any one to my 3d and 5th Conclusions may save my labour of speaking here much more of it It is sufficiently set forth in the third in what sense the words of Oaths are to be taken and where I mentioned Ames saying That they are regularly to be taken in that sense that the words have in the COMMON use of men And to this purpose we are well told by Vaughan in Shepbard and Gosnald's Case That were the penning of a Statute is dubious long usage is a just Medium to expound it by for jus norma loquendi is governed by usage and the meaning of things spoke or writ must be as it hath constantly been received to be by common acceptation But I have shewed the word Heir to be no doubtful word and as I have mentioned it to be a word that the Glory and Power of our Saviour is expressed by I may add that our Noble Privilege as we are Christians being so often represented in Scripture by the word Heirs c. we are Morally bound to guard the word from the Assault of any new interpretation that would outrage it with doubt and ambiguity I have shewed that as our Oath is part of a Statute-Law if there could be any doubt of it the Iudges are to interpret it and our Ancestors were so far from trusting private men to interpret Statutes that they have not allowed the Court Christian judicially interpret the very Statutes that concern the things there conusable And as some Papists do vainly sometime tell us That we by our Religion damn all our Popish Ancestors it may here with truth be said that any by finding out a new sense of the word Heirs do condemn the understandings of those and their Morals in not observing the Oath by the measures of that interpretation and I may as truly say that we venture on damning our selves by Perjury if while we venture on a new sense of the Oaths both contrary to the common sense of the words and of the Imposer we do not particularly take the Oaths with our Protestation of that new sense and much more if reserving that new sense in our minds we shall further in one of these Oaths viz. That of Allegiance declare That we have sworn every thing therein according to the PLAIN and COMMON sense and VNDERSTANDING of the same words without ANY Equivocation or Mental Evasion or secret Reservation

longevity of Popery if ever it should call it self here the State-Religion for it can naturally be but a short dull Parenthesis of time in an Age of Sense and the Eye of Reason can see through the duration of it as well as through its absurdities and it can naturally be but like an angry Cloud that with the Eye of Sense we shall see both dropping and rowling away over our heads and shall behold the Sun playing with its Beams around the Heavens near it at the same time and nothing can be easier to you then to dye in the Faith that Popery cannot live long in England and to know that you are not to be compared to an Infidel though you should have provided for your surviving Family nothing but Abby Lands the which I believe may by a bold instrument of Eternity drawn by a small Scriveners Boy be effectually Conveyed to any Lay-man and his Heirs for ever I know that the present State of that part of the Land of England that was aliend from the Church is such that it bears not the price of years purchase it did before the Plott and that it is according to the common expression become a drug as to Moneys being taken up on it in comparison of other Lands and it is obvious to consider how much herein the Plott hath prejudiced the Wealth and Trade of the Kingdom in making so great a part of the Land in some regard comparatively useless to the Possessors but I likewise know that hereby Popery will be no gainer for that 't is apparent that the owners of it will be indefatigable in the use of all means lawful to bring Popery to such a State as shall make any men ashamed to say they fear it Tho Holy Church that everlasting Minor that Minor like Sir Thomas Mores Child that he said would be always one will be still labouring the Resumption of what was alien'd from it and hence I believe it hath proceeded that our Kings thô in the eye of the Law always at full Age have thought fit to learn from Holy Church the Priviledge too of being reputed Minors or Infants in Law for so the Books call them that upon occasion they may resume what was alien'd from the Crown and thô the hopes of such resumption would be a bait to help Popery to Multitudes of Proselytes yet the people imagine a vain thing who think such resuming practicable in England and especially at this time if the Calculation of the Ebb of the Coinage of England be as is contain'd in Britannia languens viz. from the foremention'd period of May 1657 to November 1675 near another nineteen years 3 238 997 l. 16s ¾ a Calculation that I think cannot be disproved but by the Records in the Pipe Office where annual account of the Money Coined in the Mint are preserved or by Ballances of Trade made up from that time whereby the exportations eminently preponderating what is imported would evince what considerable quantities of Bullion have been Coyned or by our knowing that since that time Sterling Silver has not still obtain'd the Price of 5 s 2d an Ounce a price that it has not indeed fall'n short of in England about these twenty years past and therefore before the late Act for the Coynage could never be entertain'd by the Mint to be Coyn'd which was by its Law and Course necessarily restrain'd from giving for Sterling Silver above 5 s. the Ounce and which Rate and no more it did afford when the Ballance of Trade favouring us caus'd that vast Coynage mentioned in the former Ternary of nineteen years But in fine his Majesties Royal Goodness to his People in not only quitting what did accrue to him for Coynage but being at the expence of the Coyning the most exquisite sort of Money in the Known world and such as in Curiosity does equal Meddals is an indication of the Ballance of Trade not having employed the Mint sufficiently in making for his Subjects the Medium of Commerce and for the depression of the Trade not only of the English but of more then the European World the Usurper Cromwel is to be justly blamed who not long after the wounds England had felt by the Munster Peace did harrass us by his fantastick War with Spain which not only impoverish'd England but the Trading World and forcibly obstructing the Returns of the Spanish Plate Fleets did particularly put both Spain and France under a necessity of making that Peace that gave the French Crown its leasure to trouble the World. But let any one judge then how ridiculous it is to suppose that the Trade of the Nation must not as I may say shut up Shop if half its wealth should be again juggled into the hands of a few Ecclesiasticks and the old Trade between England and Rome be renew'd of giving the Pope Gold for Lead It must indeed be acknowledged by all who have conversed with History that the absolute and unbounded Power with which the Eastern Monararchs Governed their Kingdoms did not more require an excessive share of the publick Revenue to feed standing Armies then Priests who with their Idols and Superstitions and Crafts did awe and delude People into obedience but as in orderly Commonwealths there is no need of such an immense Charge for Artifice to make men obey themselves so in our Constitution of the English Government it being justly to be supposed that we have all the desireable solid and substantial freedom that any Form of Government can import besides the insignificance of the name of it and insignificant we may well call it who remember that our late real Oligarchists took not only the name of God but the name of a Commonwealth in vain and are to the envy of Forraigners and shame of our former Domestick Propounders blessed with the Soveraign Power of a Great and Glorious King over a free and happy People as the words of the Royal Martyr are in one of his Declarations it may be well said to any one who shall talk of giving half the profits of the Realm to use Art and Imposture to make Members obey their Head so constituted quorsum perditio haec But in a word to come closer to the Case of Popery any one that would have half the Revenue of the Kingdom given to Impostors for the making a Monarch only half a King or King but of half his People and for the tricking both him and them into a blind obedience to a Forraign Head and for the making a Forraign Power Arbitrary and absolute is a very bad Land-Merchant and knoweth not the use or value of the soyle of England and will never find the half of 25 Millions of Acres sold for Chains and Fetters and will be put to the trouble of taking out the Writ de idiota inquirendo against at least three Millions who have already out-witted him and will never think a Forraign Minor and whose concessions are resumable fit to be

the Kings Life but to himself for it were Treason if it were otherwise yet let any Man lay his hand upon his Heart and bend his Ear to the still voice of his Conscience and will he not find that both those Clauses in the Oaths of Allegiance and Supremacy do necessarily imply the bearing such Faith and Allegiance first entirely to the King during his Life and after his Demise bearing the same to his Heirs and Successors when they shall become Kings or Queens of this Realm and that thus Quod necessarò subintelligitur non deest and that the Oath of Supremacy begins with the Declaring that the Kings Highness IS the only Supreme Governor of this Realm c. and that of Allegiance with declaring in like manner that the King IS Lawful and Rightful King of this Realm and that the bearing Faith and Allegiance to the King doth imply the Ius in re as to our Fealty and Allegiance to the King Contra omnem hominem during the Kings Life and doth at present imply as I may jus ad rem to his Heirs and Successors after his Demise Undoubtedly it was not the design of the Oaths of Allegiance and Supremacy to oblige us to impossible things for that no Oath can do And under the notion of things Impossible the Civil Law hath well ranged all Actions which wound Piety Reputation and our Modesty and which are against good manners by that known place Quae facta laedunt pietatem existimationem verecundiam nostram ut generaliter dixerimquae contra bonos more 's fiunt nec facere nos posse Credendum est The Canon Law likewise hath well told us that juramentum contra bonos more 's non est obligatorium And the Law of Nature and all Divine and Humane Laws have taught us that nothing doth more wound Piety and Reputation and Common Modesty to the Heart or is more against good Manners than the outraging our Oath of Obedience or Allegiance to our Prince and it may well be Judged impossible for a Prince to require from his Subjects their Swearing to pay the entire Allegiance to another at that time while it was due only to himself For as all Oaths are stricti juris in their Interpretation so the word Allegiance or Ligeance doth vi te mini imply the strictest obligation to the Prince imaginable and accordingly as the expression of alligare fidem juramento is found in Seneca And this Obligation is partly of the nature of what the Feudists call Homagium ligium distinguishing homage into ligium and non ligium and making ligium to be that which is done to Soveraign Princes only no fidelity to any one else reserved and only to be fealty Sworn contra omnem hominem nullo excepto whereupon their rule is that none can be homo ligius duorum i. e. at the same time And any one who shall cast his Eye on our Book of the Terms of the Law will there find the homagium ligium got in from among the old Feudists and the Author making the Figure of Homage to be more Solemn than the Oath of Fealty in which Oath the Tenant saith to his Lord I shall be to you Faithful and Loyal and shall bear to you Faith for the Lands and Tenements which I claim to hold of you and truly shall do you the Customs and Services that I ought to do you at the Terms Assigned So help me God. But in Homage there is Kneeling requi●ed and the Tenant saith on his Knees I become your Man from this day forward of Life and Member and of earthly honour and to you shall be Faithful and Loyal and shall bear to you Faith for the Lands that I claim to hold of you saving the Faith that I owe to our Lord the King. Sir Edward Cook likewise entertains us with somewhat of the Homagium ligium and he very well and usefully in his Calvins Case explains the nature of the Subjects ligeance and makes it to be a true and faithful Obedience of the Subject due to his Soveraign and there saith that Ligiance is expressed by several terms which are Synonimous in our Books and is sometimes called obedientia Regi and that Ligiance is sometimes called Faith fides ad fidem Regis and there mentioning the Homage out of Litleton Salve le foy quod Ieo doy a nostre sur le Roy quotes Glanvil l. 9. c. 1. for the Salvo required in Homage viz. Salvâ fide debitâ Domine Regi Haeredibus suis. It may therefore be here said that our Ancestors in the contexture of the Oaths of Allegiance and Supremacy intended no Idle words but did with exact care weigh every expression and word of them in aurificis Staterâ According to that trite wise saying hominum malitiis obviandum est they prepared to encounter with the Clamour of some Romane Catholicks who might possibly think to run down the Oath of Allegiance with the cry of The New Oath and as they afterwards tryed to do suitably to their old term of the New Evangel And therefore when they framed the words in the clause of these Oaths which runs much as I have shewn in the old stile of the former Oaths used long before the Reformation they did stare super vias antiquas as I may say and in these Oaths of ●llegiance and Supremacy the Kings Heirs do not come in without deep precaution and not as Ceremonious attendants on the Kings Person as I may say but in order to the Support of the Hereditary Monarchy and as I shall shew more by and by out of the words of the Oaths The Lawgivers ventured no danger of answering at the day of Iudgement for any idle words and much less for Captious ones in the Oaths And 't is a delirium to think that they should make it Treason in some Cases to refuse one of those Oaths and make it too Treason to practice it and that the Oath of Allegiance obliging men to endeavor to disclose to his Majesty his HEIRS and SVCCESSORS all TREASONS which they shall know or hear of to be against him or EITHER of them the Obligation to the Kings Heirs and Successors in the words immediately foregoing could imply any thing of Treason We know that as to any thing written interpretatio facienda est ex totius Seripturae Contextu and that pro expresso id habetur quod Colligitur ex eo quod expressum est and that if any one shall deliberately mind the Contexture of those Oaths and what is therein so liquidly expressed and asserted that those Oaths which were intended as all others to put an end to all Strife do make none between our Kings their Heirs and Successors But all men of sense and thought cannot but grant that in the Clauses as relating to the Kings HEIRS and SUCCESSORS we are to judge according to the Rule of Interpretation viz. that verba non debent esse ociosa sed ita intelligi