Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	henry_n	king_n	normandy_n	2,191	5	11.6427	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59386	Rights of the kingdom, or, Customs of our ancestors touching the duty, power, election, or succession of our Kings and Parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the British, Saxon, Norman laws and histories, with an occasional discourse of great changes yet expected in the world.	Sadler, John, 1615-1674.	1682 (1682)	Wing S279; ESTC R11835	136,787	326

at his Coronation which yet was by consent of Parliament Matris suffragio proceribus Congregatis as the Monk of Malmsbruy Where we have this Compendium of Ethelred Regnum adeptus obsedit potius quam Rexit Annis 37. Saevus in Principio miser in Medio Turpis in Exitu So that we need not wonder at the Parliament which in his Time provided that the greatest and the highest Offenders should have most punishment and heaviest Doom In the Danish Storm he fled to Normandy and the Parliament sent him this Message in VVigornensis Hoveden Huntingdon Florilegus and All That they would receive it again on Condition he would govern more Justly or more Mildly si ipse vel Rectius gubernare vel Mitius By his Son Edward he cajoled both the Lords and the Commons Majores Minoresque Gentis suae promising to be wholly guided by them and so return'd again But he gave so little satisfaction to his People that they rejected his Sons and Elected Canute Who did solemnly Swear to them quod secundum Deum secundum Seculum Fidelis esse vellet eis dominus as the Monk at VVorcester and those that follow him Yet it is also agreed that the Citizens of London pars Nobilium did Elect Edmund Ironside and that the Kingdom was also parted between these Two by consent of Parliament and beside the croud in the Road the Laws of the Confessor do assert that Agreement to the Parliament Universis Angliae Primatibus assensum Praebentibus Edmund lived but a few Months to interrupt Canute who was then received by Consent of All Iuraverunt illi quod eum Regem sibi eligere vellent Foedus etiam cum Principibus omni Populo ipse illi eum ipso percusserunt as Old Florence and Hoveden besides the Saxon Chronology and the Abbot of Croyland hath it thus Omnium Consensu Canutus super totam Angliam Coronatus Of his Parliaments and their good Laws I spake before and of their Oath to the Kingdom much might be added And besides all Historians Fleta speaketh of his Brief or Writ sent to the Pope and of his Church-seed payed as he saith Sanctae Ecclesiae die Sancti Martini Tempore tam Britonum quam Anglorum Lib. 1. Cap. 47. Harold came after Consentientibus quam plurimis Natu Majoribus Angliae As Wigornensis and Hoveden Electus est in Regem fuit N. Magnum placitum aput Oxenford Elegerunt Haroldum as we read in Huntingdon and Matthew of Westminster But Harold being dead Proceres ferme totius Angliae Legatos ad Hardicanutum Bricgae Mittentes Rogaverunt illum ut Angliam veniret Sceptra Regni susciperet And afterward Gaudentur ab omnibus suscipitur and Huntingdon addeth Electus est But he did nothing worthy of their Choice and so became odious E're long we find him swooning at Lambeth in the midst of a Wedding Jollity and soon after Expiring Edward the Confessor succeedeth by Election Paruit Edwardus Electus est in Regem ad omni Populo And Florilegus addeth to Huntingdon That Annuente Clero Populo Londinis in Regem Eligitur As before them both Ingulph Omnium Electione in Edwardum Concordatur His Elder Brother Elfred stepping in between the Death of Harold and Hardicanute Compatriotarum perfidia maxime Godwini Luminibus orbatus est and little less than Famished Godwin excuseth himself by the Kings Service or Command but it would not acquit him though he bestowed costly Bribes Edward can hardly dissemble it Godwine rageth flieth out into Rebellion and is Banished it seems by Parliament E're long he returns again presuming on his Great Friends and Alliance but in Parliament the King Appeals him of his Brothers Death which Godwine denies and puts himself upon the Parliament as did the King saying That they had heard his Appeal and the Earls Answer and it remained that they should do Justice and pronounce Judgment It was in Debate whether a Subject might Combat his Prince upon Appeal but at length the Quarrel was composed by the Parliament till Godwine curseth himself and is choaked as his Lands swallowed in Godwins Sands of which Old Wigornensis and Hoveden with Malmsbury Huntingdon Florilegus and divers others but especially Aornalensis and Mr. Seldens Titles of Honour That King Edward named the Duke of Normandy for his Successor is affirmed by some that follow the Abbot of Croyland and Malmsbury but the Monk of Worcester asserteth Harold to be chosen by the King and Parliament to be his Successor Quem Rex Successorem elegerat à totius Angliae Primatibus ad Regale Culmen electus as Roger Hoveden in the same words And the Monk of Malmsbury confesseth That Angli dicant a Rege Concessum c. Adding also That Harold excuseth his Breach of Oath to the Norman in which All agree by saying It was presumption so to swear or promise the Succession to the Crown without consent and act of Parliament Absque Generali Senatus Populi Conventu Edicto or Absque Generali consensu as Matthew Paris and Westminster express it but what in them is Tanto favore Principum as in Malmsbury and the continuer of Bede Tanto favore Civium regendum susceperit Of William the Norman much in the Militia much yet to be added for his Election and the Peoples free consent against his Conquest Londonias eum Episcopis plurimis Petit Laetanter receptus oranterque Rex conclamatus So the Abbot of Croyland living at the time which Malmsbury expresseth thus Londoniam petit moxque cum gratulatione Cives omnes effusi obviam vadunt prorupit omnibus portis unda Salutantium auctoribus Magnatibus Ita Angli qui in unam coeuntes sententiam potuissent Patriae reformare ruinam dum nullum ex suis vobebant induxere Alienum Huntingdon thus Susceptus est à Londiniensibus pacifice Coronatus Matthew Paris and Florilegus thus In Magna exultatione à Clero Populo susceptus ab Omnibus Rex acclamatus Gemitivensis addeth That ab omnibus Proceribus Rex est electus Sacro Oleo ab Episcopis Regni delibutus as Walsingham in his Neustria Wigornensis telleth us that before his Coronation he did solemnly Swear Coram Clero populo se velle Sanctas Dei Ecclesias Rectores illarum defendere nec non cunctum populum juste regere rectam Legem statuere Tenere c. So also doth Hoveden Matthew Paris in the Life of Frethrerick Abbot of St. Albans sheweth how free the Norman found our Ancestors Iugum servitutis à tempore Bruti nescientes more Normanorum Barbas radere which they note in Caesar also of the Britains and concludeth that pro bono pacis he did solemnly swear to observe their Old Laws Bonas Approbatas antiquas Leges quas Sancti Pii Angliae Reges ejus Antecessores Maxime Rex Edwardus statuit inviolabiliter observare the like Phrase we find in Ingulph of the same Laws

which was some Repetition of his Coronation Oath Some affirm that he refused to be Crowned by Canterbury but Neubrigensis telleth us that he sought it of him Tyranni nomen exhorrescens legitimi Principis personam induere gestiens but Canterbury denied to lay on his hands Viro Cruento alieni Iuris insavori Then he complyed with York and bound himself Sacris Sacramentis pro Conservanda Republica c. It might also be added that if K. Edward might dispose the Crown as his own Fee yet by the Common-Law or Statute of Calcuth he could not dispose it to a Bastard as K. William is expresly called in the Letters sent to the Pope from the Parliament of Lincoln in Eward the first besides his own Charters and of attempts to Legitimate him that so he might succeed by Common-law See the Comments on Merton in the second Part of Institutes and of the Laws of Norway before But in the Old Book of Caen we may find K. William on his death Bed wishing that his Son might be King of England which he professed he neither found or left as Inheritance Neminem Anglici Regni Constituo Haeredem non enim Tantum Decus Haereditario Iure possedi That K. William the second K. Henry the first and K. Stephen came to the Crown by Election without Right of Succession is so much agreed by all that it were vain to prove it Their Elections and their Oaths are every where among the Monks and good Historians So also of Henry the second and Rich. the first But in K. Iohn's Coronation we are brought beyond dispute in full Parliament of Archshops Earls Barons and all others which were to be present the Arch-bishop stood in the midst and said Audite universi noverit Discretio vestra c. It is well known to you All that no Man hath Right of Succession to this Crown except that by unanimous consent of the Kingdom with Invocation on the Holy Ghost he be Elected from his own Deserts Lectus secundum Morum Eminantiam praeelectus c. But if any of the last Kings Race be more worthy and better than others his Election is more proper or more Reasonable Pronius promptius in Electionem ejus est consentiendum As it now is in Earl John here present Nor was any one found that could dissent or oppose what was so spoken for they all knew it was not without much Reason and good Warrant from their Laws and Customs Scïentes quod sine Causa hoc non sic definiverat For which Matthew Paris or Wendover may be compared with Hoveden Westminster and others of those Times Which seemeth most rightly to state the nature of Succession as it was in this Kingdom So that all did amount but to this That if a King had such Children so qualified and so Educated that they were above others in Vertue Wisdom and true worth or at least Caeteres Pares they were the most likely Candidates for the Crown But as we found before among the Iews in the strictest Succession where the Crown was especially tied to the House of David yet their great Sanhedrin had alwayes the Power and Right to determine of the Claims Interests Deserts and Vertues of Heirs or all Pretenders So if here we allow not such a Legal power of Judging of Claims or Titles to be placed somewhere or other our Ancestors did leave the Crown at a more blind uncertainty than in all other things they were accustomed from the Law of Nature and Right Reason I might add the Formal of Coronation joyned to the Irish Modus of Parliament under the Great Seal of Henry the Fourth where we read Electio à Plebe ad Regem ut consecretur Postquam ad Idem iterum Consenserit and again Electum interroget Metropolitanus c. How our Allegiance was of Old tied to the Kings Person not to his Heirs nor to his Person but together with the Kingdom and the Laws and Rights thereof hath been observed already Much I might add of latter times Nay that very Statute of Henry the Seventh which of late was pressed for the King and his Militia or taking Arms with him as Allegiance required doth expresly declare our Allegiance to be to the Kingdom with the King and that by such Allegiance men are tied to serve the King for defence of him and the Land And for the Kings Heirs I find them not in our Allegiance Yet the Statutes of Edw. 2. are punctual in expressing the Kings Prerogative or Rights of the Crown but where is provision for his Heirs In Eward the Third the Iudges Oaths were made and stand among the Statutes as enacted by Parliament although I do not find it so upon the Rolls And there is a Clause against Consent to the Kings Damage or Disherison So also it is in the Oaths of divers in the Courts of Justice as of Masters of Chnacery with the Kings Serjeants or Councel at Law and others but not so by Parliament See the third Part of Institutes Cap. 101. Yet our Old Allegiance did forbid Disherison or Damage but with Limitation as we shewed before The late Oaths of Allegiance in King Iames and of Supremacy in Q. Elizabeth taken by Parliament-men and divers others are to the Kings Person and his Heirs and Successors with particular Relation to defence of the Crown and Dignities thereof Which is Remarkable and that which may seem to excuse some in not assenting to others which are not so obliged and yet it is thought by some that the main or onely meaning of those Oaths was against Rome or forreign Enemies For which also a Declaration in the Queens Injunctions may be considered But in all Cases of real Scruple I cannot censure any that in a quiet humble manner seeking Peace and Truth followeth his Conscience till it is rightly informed In the Quarrels of York and Lancaster there was an Act in Henry the Fourth to entail the Crown upon the Kings Issue of which four are there named But in Henry the Eighth the Parliament declared the Succession to the Crown not yet settled or cleared enough and then it was entailed again and for lack Heirs Male upon Elizabeth But this again repealed in Mary and again in Elizabeth and Iames. How much or how little these annulled the Common-law I must submit to others lest upon debate I should be forced to yield it might be possible for future Parliaments to reduce Succession to Election as justly as some late Parliaments did turn the Common-law of Election into such or such a Succession which can only stand by Statute if it be true as all tell us that there was no entailed Inheritance but by Statute-law since the Second of Westminster of which before How little Power Kings had over their Crown or Kingdom without consent of Parliament besides all that is said already might be further cleared from the acknowledgments of Kings Themselves below the time of the Conquest

call it and the Barons of Wars Or the time of the great Charter For since that time the Rolls and Printed Acts are every where much larger and much better than my little reading or my leasure can present them Two words have sound of horror to the People who are taught to think them both oppressions and the sins of him they call the Conqueror Dane-geld and the Book of Dooms-day Some have added Curfeu with I know not what to make poor Children quake These have been proved to be long before the Normans coming in To that of Dane-geld I may add that good King Edward did also retain it to his Coffers when the Danish Storm was over till he saw the Devil dance upon it As the Crouland Abbot doth Record But it did rise from one to three to four to six shillings on the Hide but so by Parliament as may be much collected from the 11th Chap. of King Edwards Laws compared with Florence of Worcester Hoveden Huntingdon Math. Paris and Math. of Westminster besides some others which we must produce e're long And to say nothing of eleemosyne pro Aratris of which Canute and Ethelred it is clear in King Ethelstanes Laws that single Hides or Ploughlands in England were to maintain two Horsemen with Arms by Act of Parliament And this was more it seems than ever was King Williams Hydage or Dane-geld Which may be added to King Ethelstanes Militia as also his Doom book for all Judgments in one Form of which his Laws speak to what is said of Booca Doom But to King Williams Doomsday I shall now add to what before that besides the Mirror and Fitz-Herberts N. B. with the old Abbot of Crouland There is enough in every segment of that Roll to make one know it was a Review and little but a Review of what was done before They do abuse us else that bid us read the T. E. R. in all that Roll Tempore Edwardi Regis plain enough sometimes without all Divination That it was also confirmed by Parliament may be clear enough from the many exemptions a servitio Regis and a Vice-comit Nay to some inferiour places as Ely and Worcester Besides old Crowland which was not exempted from such service till the latter Saxon or first Normans time though Ingulph spake of divers Ethelreds But the same Abbot will tell us that this Doom Book was now also made juxta Taxatorum fidem qui Electi de qualibet Patria c. And that his Taxors were both kind and merciful non ad verum pretium nec ad verum spatium c. So preventing future Burthens and Exactions Talem Rotulum multum similem ediderat quondam Rex Alfredus c. But Alfreds own Will seemeth to carry it higher Nor was Ingulph's favour at the Court altogether useless for by that we come to know that our Norman King even in little things proceeded by a Great Councel So that our Abbots Charters must be viewed by Parliment Coram Domino meo Rege ac universo Concilio c. Thence he brought St. Edward's Laws as was observed before Huntingdon and Matthew Paris with Matthew of Westminster spake of his Hydage and Dooms-day as done with great Advice and Justice Misit Iusticiarios per unamquamque scyram inquirere fecit per jusjurandum quot Hydae i. e. jugera uni Aratro sufficientia per annum essent in unaquaque c. Nor are they wholy silent of his Parliaments Cum de more tenuisset curiam suam in Natali ad Gloucestriam and again at Winchester the like at London in another season Tilburiensis telleth us that Mony was paid to the Crown by Cities and Castles that used no Tillage But from the Land or Farms only Victuals till Henry the first And when the Kings foreign Wars did make him press for ready Mony the people murmured offering their Plowshares Horum igitur Querelis inclinatus Rex by advice of his Great council definito magnatum Concilio he sent out discreet prudent men that upon view of all the Lands should assesse the sums which the Sheriffs were to pay into the Exchequer This Gervase lived a while after King William Florence of Worcester near his Reign he telleth us of a Great Councel at Winchester And again of another at a place called Pedred not only by the King Arch-Bishops Bishops Earls but also primatibus totius Angliae a full Parliament for which Florilegius and Walsingham Newstria may be considered with Hoveden following Wigornens That in his Reign there was an High Constable of England ceasing in Henry the Eight appeareth by the Parliament Rolls of Edward the Fourth but Alfigar in the Book of Ely was such in St. Edwards time and to Him some ascribe the Constable of Dover with the Warden and Priviledge of the Cinque Ports with their Hamlets or Circuit including Rye and Winchelsey But all this speaketh Parliament as doth also his New Church Priviledge Communi Concilio Archiep. Episcop Abbat omnium Principum Regni mei Yet to be seen not only at Sir Robert Cottons Jewel House but among the Rolls with King Richards Charters for the Dean and Chapter of Lincoln This exemption of the Church from Seculars c. is the more considerable because it came up with the Norman King at the time of Hildebrand whose Letters missive came hither ad Willielmi Regis Concilium And that this Councel was a full Parliament appeareth by the Charters as I may call them of the Arch-Bishop of York ex praecepto Papae Gregorii 7. and Confirmatione Domini Willielmi Regis sub Testimonio Universalis Anglorum Concilii c. Of which Roger Hoveden is clear telling us also that this King summoned the Arch Bishops Bishops Abbots Counts Barons Vice Comit. cum suis Militibus were these Knights of Shires To this I may add from the Continuer of the Saxon Chronology that Lanfranc came hither from Caen on the Kings call and the Popes Command primatum Regni Anglorum in Ecclesia Cant. suscepit eligentibus eum Senioribus cum Episcopis principibus clero Populo Angliae in curia Regis a very clear and full Parliament Nor may I so wrong our Common Law as to detain that antient Record which the great Judg in his Reports citeth of a Writ of Right brought by this Lanfranc against Odo Bishop of Bajeux and removed by a Toll into the County Court where the King commanded all the good Lawyers to attend the County a toto Comitatu Recordatum atque judicatum est That as the King held his Lands in His Demesn in Dominio suo so was the Arch Bishop to hold his omnino liberas quietas in Dominiquo suo which Judgment was afterward confirmed by the King and Parliament cum consensu omnium principum suorum With which Record I may compare the old Manuscrips in Bennets Coll. Cambridge telling us of a great Moot magnum placitum in loco qui dicitur Pinenden in

And a while before the Abbot was made a Bishop at London petente Milone Constabulario favore Populi utriusque Ordinis that is the Lords and Commons or rather the Clergy and Laity In Huntingdon we read of Robert Arch-Deacon of Leicester about this Time Elect Bishop of Lincoln Rege Clero Populo summo gaudio annuente And a while after he shews us the King at London in a full Parliament disputing the grand question of Appeals with the Romish Legate For such Appeales saith he had not been used in England till That Henry of Winton the Legate had cruelly intruded them Malo suo crudeliter intrusit The Monk of St. Albans borroweth from him and sometimes repayeth with interests As in that Statute for Priviledge of Churches and Church-yards with all the Clergy so that none but the Pope could absolve from violence done to such in which they all agree he added also another Act of the Parliament that Plowes in the Field with Husbandmen should enjoy the same Peace or priviledge as if they were in a Church-yard His Geffry de Mandevil Consul or Comes was a very great man de magna villa For he speaks of his Princeps Militiae and of another that was his Magister peditum But in Henry of Huntingdon we find him at length clapt up in Prison but scarcely secundum jus Gentium Rex cepit eum in curia sua ex necessitate magis quam ex honestate Hoveden hath of him the like expressions adding also that from a Baron he had been raised to the degree of a Consul that is an Earl For in him the Earl of Flanders is Consul Flandrensis and the Earl of Anjou Consul Andegavensis This was he that come to be Hen. the 2d who at his Landing being Duke of Normandy coyned money which passed here by the name of the Dukes coyn Nor only he but Omnes potentes tam Episcopi quam Comites Barones suam faciebant monetam and of this Nubrigensis Which may be compared with the Saxon Laws of King Ethelstan and others As K. Hen. monetag common In the same Huntingdon we also read that by the Mediation of Theobald of Canterbury and Henry of Winton the King was so reconciled to this Duke and Earl Henry that they never more discorded also that the Duke was made Iusticiarius Angliae next under the King omnia Regni Negotia per eum terminabantur But in Polydore we find this Pacification made by Parliament Cujus Authoritate pactio facta est Matthew Paris is so full of Law Terms that I could beleive him in this to allude to the Law Fines and Recoveries For at this peace he telleth how the Kingdom was again Recovered And after a disgression to Merlins Prophesie in which the phrase of Vice-comites may be duly considered he concludeth thus a War that had raged 17 years together was now quieted by such a Time hoc fine quievit To which he adds that famous story of the Souldier that in this Vacation made a Voyage to St. Patricks Purgatory And by that occasion he relates the best description of Hell or Hellish Torments that I remember in any Historian of credit With which may be compared divers others in the same Author But that which is added at the Souldier return to the King may be added also to what is observed before touching Irelands dependance on England For the same Souldier was again sent by King Stephen into Ireland to be Assistant as an interpreter to Gilbert who had a grant from hence to found an Abbey in Ireland Whither he also carried this Souldier speaking Irish and with Tears he would often relate his Voyage to Hell Which is so recorded and asserted by divers Religious men To K. Stephen's Militia we may also refer that which so many Historians Record of his damning the Hidage or Danegeld Which yet was not his Act but the Parliaments that did Elect and create him King We must discuss it more fully ere long but now for Danegeld we may assert it to be expressed in his very Coronation Oath on which he was admitted One of the clauses was that he should for ever desist from that which had been paid to some of his Predecessors singulis annis And Wendover or Paris express no more But in Hoveden and Huntingdon Dane-geld is expresly specified which both affirm to be then at 2 s. the Hyde They agree also with others That this was again specified in Parliament at Oxford Where the King did again confirm his Coronation Oath Matthew of Westminster doth also Record that of these promises or Oaths he made a Charter which seemeth to be that Charter which the great Reporter in his 8th part affirmeth to be yet found in an old MS. de antiquis Legibus And that the said Charter among divers other things doth expressely confirm the Laws of K. Edward and of K. Henry Nay the Monk of St. Albans affirmeth that in Parliament Congregatis Regni magnatibus he did there solemnly promise to meliorate the Laws or make them better as they should desire or require juxta voluntatem Arbitrium singulorum which we may consider again upon occasion Nor must I omit that much of this very Charter is yet to be read in Print in an old Monk that lived in King Stephen Time and those particulars for confirmation of all good Laws and in special those of King Henry with divers other things that are worth perusal It is in the Monk of Malmsbury but a little after the Letters written to the Pope about King Henries death confession absolution and Anoynting by the Elders according to what was let to the Church by the Apostle St. Iames as in those Letters is more fully expressed Which may be added to that before of the Church Elders Polydore telleth us that in full Parliament at Oxford King Stephen did abolish that which had been oft exacted for Hydage per singula jugera and that he intreated another Parliament to carry on that War which by their Advise and Councel had been undertaken in the Name of Common Wealth Reipublicae Nomine vestro cum Consilio tum Consensu susceptum est and his desire to them was so to act in Person that the People might not be burthened with Taxes And at his end Virgil addeth that for all his continual Wars he did exact little or no Tribute from the People So that the Parliament it seems did wholly manage his Militia From a long Storm at Sea we are now come into a quiet Port and a calm Haven such were the Thoughts Expectations and Hopes of All in Henry the 2d We have his Laws in Print in several places and his Lawyers known enough For who needeth to be told of Glanvil in his Reign of whom before and much I might add from divers others besides Hoveden Who by occasion of that Judges Name hath not only given us a Copy of St. Edwards Laws but hath also asserted their confirmation by