Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	heir_n	hold_v	tenant_n	3,220	5	9.7276	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93123	The Kings supremacy asserted. Or A remonstrance of the Kings right against the pretended Parliament. By Robert Sheringham M.A. and Fellow of Gunvill, and Caius-Colledge in Cambridge	Sheringham, Robert, 1602-1678.	1660 (1660)	Wing S3237A; ESTC R231142	93,360	138

England to be an absolute Monarchy the King alone to be the only supreme head and Governour of the whole body that is of all the people as well collectively as severally taken And hence it is namely in regard of the Kings Supremacy he being the only head of the Kingdome having no equal or Superiour but God alone whose Vicegerent he is upon earth that the Common law doth by way of fiction and similitude attribute unto him the Divine perfections 1. H. 7.10 Finch lib 2. del ley bap 1. Roy est le test del bien publike immediate desoubs Dieu desuis touts persons en touts causes Et pur ceo entant que il resemble le person del Dien port son image enter homes le Ley attribute a lui en un similitudinarie manner 7. E. 4.17 21. H. 7.2 Coke 7. f. 7. B. 43. El. Coke 5. fol. 114. B. 4. E. 6.31 5. E. 4.7 2. H. 4.7 1. H. 7.19 bombre del excelleneies que sont en Dien cest ascavoir SOVERAIGNTIE tout terre est tenu de de luy nul action gist vers luy car quis commandra le Roy POYAR il poit commaunder ses subjects daler hors de Realm en guerr poet faire ascune foreine coine currant icy per ses Proclamations MAJESTY ne poet prend ne departer ove oscune chose forsque per matter de record si non soit chattell ou tiel quia de minimis non curat lex INFINITENES en un manner 35. H. 6.26 esteant present en touts ses courts si come home poet dire en chescun lieu PERPETVITY ayant perpetuell succession ne unque mor. 10. El. 331. 35. H. 6.61 4. El. 246. PERFECTION car nul laches follie infancie ou corruption del sank est judge en lui VERITY ne serra unque estoppe JUSTICE ne poet esse disseisor ne faire ascun tort id est The King is head of the Common-wealth immediately under God over all persons and in all causes and therefore because he represents the person of God and bears his image the law attributeth unto him in a similitudinary manner a shadow of Divine excellencies namely SOVERAIGNTIE all lands are holden of him no action lyeth against him for who shall command the King POWER he may command his Subjects to go out of the Realm to War He may make any forraign coyn currant here by his Proclamations MAJESTY he can neither take nor part with any thing without matter of Record except it be chattel or such like because the law regards not such small matters INFINITENESSE after a Manner being present in all his courts and as it were in all places PERPETUITIE having perpetual succession and being not subject to dye PERFECTION for no laches folly infancy or corruption of blood can be judged in him TRUTH he cannot be estopped JUSTICE he cannot be a disseisor or do any wrong There are also divers prerogatives and priviledges by the Common law belonging to the King and divers Acts which the King may do or not do by reason of his Supremacy The King shall not in his writ give any man the style or title of Dominus because it is unbeseeming his Majesty to use that tearm to any he being himself omnium subditorum supremus Dominus the supream and soveraign Lord of all his subjects and in this case although there be variance between the Writ and Obligation 8. E. 6.23 B. 11. E 4.2 8. E. 4.2 or other specialty yet the Writ shall not abate which it shall in other cases as if they vary in the name or sirname or if they vary in the surn The King can hold land of no man As p. 1.18 Elizab. 498. because he can have no superiour but on the other side all lands either immediately or mediately ate holden of him as Soveraign Lord for although a man hath a perpetual right in his estate yet he hath it in the nature of a fee and whether it cometh to him by descent or purchase he oweth a rent or duty for it and therefore when in pleading a man would signifie himself to have the greatest right in his estate Littleton f. 3. he saith Que il est ou fuit seise de ceo en son demesne come de fee that he is or was seised thereof in his demeasne as of fee and if a man holds his estate immediately of the King as of his Crown or person this tenure is called a tenure in capite because he holds it of the supreme head of the Common-wealth If a man holdeth land both of the King and other inferiour Lords whereby his heir becometh a Ward the King alone shall have the custody both of the heir and land the reason which is rendered in law is because the King can have none coordinate with him or superiour to him Glanvil lib. 7. cap. 10. Si quis in Capite de Domino Rege tenere debet tunc ejus custodia ad Dominum Regem plene pertinet sive alios Dominos habere debeat ipse haeres sive non quia Dominus Rex nullum habere potest parem multo minus superiorem i. e. If any man houldeth land of our Lord the King in capite then his wardship shall wholly belong to our Lord the King whether he hath other Lords or not because the King can have no equal much less a superiour Bracton lib. 2. cap. 37. Si aliquis haeres terram aliquam tenuerit de Domino Rege in Capite sive alios Dominos habuerit sive non Dominus Rex aliis praefertur in custodia haeredis sive ipse haeres ab aliis prius fuerit feofatus sive posterius cùm Rex parem non habeat nec superiorem in regno suo i. e. If an Heir holdeth land of our Lord the King whether he hath other Lords or not our Lord the King shall have the wardship of the heir whether the heir were first or last infeoffed by others because the King hath no equal or superiour in his Kingdom The law is the same as well for whole Societies Incorporated and collective bodies as for Particular men if a man should make the two houses his heir leaving them lands holden of them by Knights service if the same persons held also of the King in capite by Knights service the King alone should have the wardship and custody of the heir and land though first infeoffed by the others and the reason in law of this prelation is saith Bracton and Glanvil because the King hath neither equall nor Superiour By the common law there lieth no action or writ against the King but in case he seiseth his subjects lands 21. H. 7.2 or taketh away their goods having no title or order of law petition is all the remedy the subject hath Stanford in his exposition of the Kings Prerogative c. 22. and this petition is called a petition of right The reason which is

ordinances not a bridle of force but a bridle of admonitions counsel and advice they have no other means but such by Law to bridle the King if at any time he breaks out into violent and illegal courses This is the Scope of Bracton as is evident by the whole coherence and connexion of the matter who was so far from allowing such fond conceits and imaginations as they seem to suppose that the contrary runs in one constant veine through all his book if they regarded the authority of Bracton they would soon lay down their arms and sue to his Majesty for a Pardon Thirdly they alledge the testimony of Fortescue who speaking of the King of England Fol. 25. saith Prinipatu ne dum Regali sed Politico suo populo dominatur That is He governeth his People not only by Kingly but also by Politique power Reply Fortescue implyeth in these words that the King ought not to make his Will but the Lawes the rule of his power not that others are coordinate with him in the rights of Soveraingty Arist Pol. l. 1. c. 1. 3. For power is either Despotical or Politick Despotical power is Kingly power not moderated nor restrained by humane Laws and constitutions Politick power is Kingly power limited and restrained by humane and politick Laws Now Fortescue saith that the Kings power is not meerly Despotical and Regal but Politick and tempered by law and his intention is to shew the difference between the Common Laws of England and the Civill Laws The Emperour after the power was translated to him from the Common-wealth by that Law which in the Digest is called lex regia until the custome of making Laws by the assent of the people took place again might command what he pleased Quod Principi placet legis habet potestatem is a part of that Law but the King of England he saith cannot altogether govern his people by such a power but is obliged to rule them according to the tenour of the Politick Laws and Constitutions of the Kingdome so that Politique power is here opposed to Kingly power taken in its greatest latitude and not to Kingly power moderated and restrained by Law But how doth this concern the case in hand Object 4 Fourthly they alledge Precedents Parliaments they say have exercised a supreme power over the Crown of England it self to transfer it from the right Heir and setled it upon whom themselves thought meet to elect for their King They cite two Kings which were deposed Edward the second and Richard the second and then conclude that those Parliaments which have exercised such jurisdiction over them must certainly be above them and the highest Soveraigne power Reply The deposition of those Kings hath been resolved Treason by all the Judges of England and yet if it had been legall Coke institut part 2. tit treason the Precedents are impertinent for those acts were confirmed by the Kings themselves and could never have been esteemed Acts of Parliament without their own assent CHAP. X. Objections made against the KINGS supremacy in Particular by Mr. Bridge the reverend Divines and Others answered THey have yet other Objections whereby they endevour to prove that the Particular Rights of Soveraigntie are divided from the King and placed in the two Houses And first touching the Militia Mr. Bridge and the reverend Divines have found a device how the Parliament may make use of that and levy war against the King by his own authority They say as Judges they may send out Messengers or Sergeants at Arms for his evill Counsellours and in case they refuse to appear before them fetch them in as Delinquents by force of arms this is the sum of their Objection but I will set it down in their own terms Suppose saith Mr. Bridge a man be complained of to the Parliament for some notorious crime it is granted by all that the Parliament hath a power to send a Sergeant at Arms for him Mr. Bridges Objection and if he refuse to come that Sergeant at arms hath a power to call more and if the Delinquent shall raise twenty or thirty or an hundred men to reskue him then the Parliament hath power to send down more messengers by force to bring up the Delinquent and if they may raise an hundred why may they not upon the like occasion raise a thousand and so ten thousand And again in his answer to Doctor Ferns reply If the Parliament may send one Serjeant at Arms then twenty then an hundred then a thousand Reply This I confesse is a subtile invention for there can be by Law but thirty Serjeants at Arms at the same time within the Realm now if Mr. Bridge can shew a way how out of thirty Serjeants at Arms an Army of a thousand 13. R. 2. Cap. 6. or ten thousand may be raised he shall be worthy to have a Statue erected to his Memory The reverent Divines have in substance the same objection The reverent Divines objection saving onely they are not so punctuall for point of Law as to have their Army consist of Serjeants at Arms and they alledge a case in Law to justifie that way of proceeding Supposing say they the power of calling and dissolving Parliaments wholly in the King ordinarily yet there may be such power in them so long at they do sit to command arms to be raised for the suppressing of any Delinquents maintaining themselves with Arms even under the colour of the Kings authority which I thus make good If there be any such kind of power in the very judges in their Courts at Westminster for the whole Kingdome and in their several circuits for the shires they sit in although themselves are made Judges at the Kings will merely and put out ordinarily at his pleasure and they can neither keep assizes at any time nor keep any term any where but when and so long as the King pleases to give commission If I say there be such a power in the Judges and even in one of them then much more in the whole Parliament which is unquestionably and undoubtedly the highest judicature in the Kingdome and hath most power during their sittings now that such a kind of power is in the Judges I appeale to experience in the case following A private man hath a suit with the King about land or house and the like the King hath possession and some officer or tenant of his holds it for the King the Judges having heard the cause give sentence for the subject adjudge him to have the possession delivered him by the Kings Tenant or Officer he refuses and Arms himself to keep possession still upon this after due summons and processe of Law a writ of rebellion shall go out against the Officer af the Kings even though he should pretend to keep possession still by a command and warrant from the King and the Sheriffe shall be commanded to raise arms oven the whole