Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	king_n	tenant_n	4,936	5	10.1458	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54633	The antient right of the Commons of England asserted, or, A discourse proving by records and the best historians that the Commons of England were ever an essential part of Parliament by William Petyt of the Inner-Temple, Esq.	Petyt, William, 1636-1707.	1680 (1680)	Wing P1945; ESTC R422	80,113	272

modum absolutae dominationis disposuisse All which is most plain and justified infallibly by Doomesday Book made in that Kings Reign and in other subsequent Records where the title and claim of many common persons to their own and Ancestors possessions both in his time and in the time of the Saxon Kings are clearly allowed but if King William had made an absolute and universal Conquest of the Realm in the modern sense how could such Titles have held or who would or durst have made such claim even against the King himself would he not have seized all into his own hands and granted the Conquered Lands to others and his grant could not have been avoided by any Englishman who had the inheritance and possession and lived in peace before and at his coming in and no title could be derived but from or under him at least none could have been maintained against his Grant But that the contrary was true will evidently appear if we consider 1. That it is recorded in Doomesday Book that King William had certain Lands in Demesne viz. the Lands which were in the hands of King Edward and entitled Terrae Edwardi Regis and other Lands which were forfeited to him by those who took part with Harold entitled Terrae Regis 2. William the first having given away Sharnborn in Norfolk to Warren a great Favourite one of his Normans Edwinus de Sharnborn being an Englishman and true owner of the estate demands his right in open Court before the King upon this reason of Law that he never was against the King either before or after he came in whereupon the King vinculo juramenti astrictus gave judgment of right against the Norman and Sharnborn recovered the Lordship Sir Henry Spelman out of an antient Manuscript concerning the Family of the Sharnborns in Norfolk hath it thus Edwinus de Sharborne quidam alii qui ejecti fuerunt è terris suis abierunt ad Conquestorem dixerunt ei quod nunquam ante Conquestum nec in Conquestu nec post fuerunt contra ipsum Regem in consilio auxilio sed tenuerunt se in pace Et hoc parati sunt probare quo modo ipse Rex vellet ordinare Per quod idem Rex fecit inquiri per totam Angliam si ita fuit quod quidem probatum fuit propter quod idem Rex praecepit ut omnes qui sic se tenuerunt in pace in forma praedicta quod ipsi rehaberent omnes terras dominationes suas adeo integre in pace ut unquam habuerunt vel tenuerunt ante Conquestum suum This is cited almost as the only case or act of favour the Conqueror did but that is a great mistake for many other instances I could give of this nature all acts of Justice and right as appears in Doomesday Book much more may be said upon this subject I will only add the Judicious assertion of a great Lawyer and Judge in Edward the Thirds time admitted and agreed as a rule of Law and truth by the Judges and transmitted to posterity Le Conqueror saith he ne vient pas pur ouster eux qui avoient droiturell possession mes de ouster eux que de lour tort avoient occupie ascun terre en desheritance del Roy son Corone It was spoken upon an objection made in a Quo Warranto against the Abbot of Peterborough concerning a Charter granted by King Edgar to that Abbey which the Kings Council would have avoided upon this pretence for want of a better because by the Conquest all Franchises were devolved and come to the Crown 2. King William claimed the English Diadem Jure haereditario from Edward the Confessor which both his own Laws Charters and the Charters of his two Sons William and Henry do fully prove There are some indeed that mention that he obtained the Crown ore gladii but that must be understood quod jure belli contra Harolaum ipse acquisivit as a Manuscript Historian sayes 3. He did not make an actual Conquest by his Arms when he came in of the fifth part of the Nation for the Pope having sent him a consecrated Banner and a Bull of Excommunication against the Bishops and Clergy if they opposed him in adhering to King Harold and he having got the Victory at Hastings and the Clergy with several of the Nobility whom he had purchased to his part both by money and great assurances of preferment and other advantages basely and treacherously deserting Edgar Etheling a soft and weak Prince yet right Heir to the Crown at length upon Williams declaring that he would confirm the Laws of Saint Edward he was electus à Clero Populo and with all the Ceremonies and Solemnities then in use was Crowned at Westminster the whole Nation submitting to him But hear what the Historians of those times say Londoniam convenientibus Francis Anglis ad Nativitatem Domini illisque omnibus concedentibus Coronam totius Angliae Dominationem suscepit Die ordinationi decreto locutus ad Anglos condecenti sermone Eborac Archiepiscopus sapiens bonus eloquens an consentirent eum sibi Dominum coronari inquisivit Protestati sunt hilarem consensum universi minime haesitantes ac si coelitus unâ mente datâ unâque voce Anglorum voluntati quam facillime Normanni consonuerunt sermocinato apud eos a● sententiam percunctato à Constantini Praesule sic electum consecravit Archiepiscopus imposuit ei Diadema ipsumque regio solio c. Ante Altare S. Petri Apostoli coram Ciero Populo jurejurando promittens se velle Sanctas Dei Ecclesias Rectores illarum defendere necnon cunctum Populum sibi subjectum juste regali providentia regere rectam legem statuere tenere rapinas injustaque judicia penitus interdicere Exacto prius coram omni populo jurejurando quod se modeste erga subditos ageret aequo jure Anglos Francos tractaret Pursuant to all which and to fix himself more sure in that his new-got Chair of Soveraignty he by his Magna Charta or Great Charter grants and confirms the Laws of Edward the Confessor Willielmus etiam Rex cui Sanctus Edwardus Regnum contùlit leges ipsius Sancti servandas esse concessit saith Sir Henry Spelman But now we will set down a branch of the Charter which runs thus Volumus etiam ac firmiter praecipimus concedimus ut omnes liberi homines totius Monarchiae Regni nostri praedicti habeant teneant terras suas possessiones suas bene in pace libere ab omni exactione injusta ab omni Tallagio Ita quod nihil ab eis exigatur vel capiatur nisi servitium suam liberum quod de jure nobis facere debent facere tenentur prout statutum est ets illis à nobis datum concessum jure

the Third had the assent of the Commons in Parliament to make them Laws Now the word Progenitors in the Statute must I conceive go higher than Ric. 1. for Bracton a Learned Judge who flourished in the time of Henry the Third and so by a reasonable computation of time may be supposed to have lived in the latter end of the Reign of Ric. 1. or beginning of King John's after he had declared to posterity that he had bent his mind ad vetera judicia perscrutanda diligenter non sine vigiliis labore and whatsoever he found Notatu dignum he reduced in unam summam perpetuae memoriae commendanda concludes this point thus Cum legis vigorem habeat quicquid de consilio de consensu Magnatum Reipublicae communi sponsione authoritate Regis sive Principis praecedente justè fuerit definitum approbatum And so just and excellent was the ballance of the Constitution of our legal Government in preventing any order or rank of the Subjects to impose upon or bind the rest without their common consent and in conserving as it were an universal liberty and property to every individual degree of men from being taken from them without their assent as the County Palatine of Chester ab antiquo were not subject to such Laws to which they did not consent for as well before the Conquest of England as after they had their Commune Concilium or Court of Parliament by authority of which the Barones Milites quamplures alii Rot. 44 H. 3. m. 1. dorso Barones liberi homines omnes alii fideles Rot. Pat. 3. E. 1. m. 6. or as the Supplication to H. 6. saith The Abbots Priors Clergy Barons Knights Esquires and Commonalty did with the consent of the Earl make or admit Laws within the same such as should be thought expedient and behoveful for the Weal of the Inheritors and inheritance of the said County and no Inheritors or Possessors within the said County were chargeable or liable or were bounden charged or hurt of their Bodies Liberties Franchises Lands Goods or Possessions unless the said County or Parliament had agreed unto it And I dare under submission affirm that neither this County Palatine nor Durham were ever subjugated to have their Estates given away at the good will and pleasure of the Earl or Bishop under any notion or fancy in those days of being their representatives in the Commune Concilium Regni or that being dependant Tenants their consents were included in their Lords assent and if the Commune Concilium Cestrense or Parliament was deduced from Records it would be of greater use to shew us as in a Mirror the Government of England in antient days than what I have yet seen published by any Author 3. That the Answer of the King to the Petition penned and made by all the Judges of the Land his Council in Parliament cannot be supposed to be grounded upon a modern usage of 59. years from the time of 49 H. 3. till then if the Tenants in Capite jure repraesentationis made the Parliament as some hold but was a Declaration of the ancient Custom and right of the Nation 4. That it was not in the power of all the Tenants in Capite of England or the greatest part who were the Petitioners though with the Kings consent to bind and oblige others or to make or alter a Law sine assensu Communitatis Regni who had votum consultivum and decisivum an Act of Authority and Jurisdiction as well in assenting to spiritual Laws as Temporal as may appear for an in●tance in their Declaration or Protestation to E. 3. in Parliament Que nul estatut ne Ordenance soit fait ne grante au Petition du Clergie si ne soit per assent de voz Communes ne que vous dites Communes ne soient obligez per nulles constitutions q'ils font pur lour avantage sanz assent de voz dites Communes Car eux ne veullent estre obligez nul de voz Estatuz ne Ordinances faitz sanz lour assent Fortescue cap. 8. pag. 40. tells us Sed non sic Angliae Statuta oriri possunt dum nedum Principis voluntate sed totius Regni assensu ipsa conduntur Et si Statuta licet tanta solennitate prudentia edita efficaciae tantae quantae conditorum cupiebat intentio non esse contingant Concito reformari ipsa possunt non sine Communitatis Procerum Regni illius assensu quali ipsa primitus emanarunt And that this was the antient Law and Right of the Kingdom appears by the answer of E. 1. an o 22. of his Reign to the Petition of the whole Clergy of England for the Clergy having given the King medietatem omnium bonorum tam temporalium quam spiritualium complaining that the Immunity of the Church laesa fuit violata petiit à Rege quosdam Articulos Rege jubente jussit enim Rex postquam votis ipsius paruerant in giving the Subsidy ut ipsi ab eo peterent remedia quae vellent Et petierunt imprimis ut Statutum de manu mortua quod in praejudicium Sanctae Matris Ecclesiae fuit editum deleretur Cui quidem Articulo respondit Rex quod idem Statutum de Consilio Magnatum suorum so phrased by the Historian fuerat editum ordinatum absque eorum Consilio non erat revocandum but a more certain authority tells us that the Statute was made per Commune Concilium Regni or Parliament as appears by Rot. Claus. 7 E. 1. m. 5. dorso Rot. Pat. 10 E. 1. m. 13. and then the Commons were unquestionably an essential part and joined in the making the Statute The SIXTH ARGUMENT From the form of penning of 〈◊〉 of Parliament and expressions in Records in 49 51 54 H. 3. where it is pretended the Comm●ns first began to be a part of the Legislative Power which agree with the phrases of Records of Acts of Parliament before that time THE King writes to the Bishop of London and to the rest of the Bishops of the Province of Canterbury that his heart was wounded 〈…〉 to dolore that the Earl of Gloucester and other Rebels had by crafty perswasions circumvented pro 〈…〉 r Prince Edward ad partem suam proditori● a●●axe●unt proprii contemptu Sacramen● contra formam de nostro ejusdem silii nostri Praelatorum Magnatum Communitatis Regni nostri unanimi assensu voluntate nuper London provisam The King per le conseil l'assentement le Rei de Alemain de Countes de Baruns del Commun de la terre pardoned and released the Earl of Gloucester and all his Company c. And the King per le Conseil Passentement le Rei de Alemain les Cuntes de Barons le Commun de la terre pardoned and released the Londoners totes maneres de