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
A96658	Jus regium coronæ, or, The King's supream power in dispensing with penal statutes more particularly as it relates to the the two test-acts of the twenty fifth, and thirtieth of His late Majesty, King Charles the Second, argu'd by reason, and confirm'd by the common, and statute laws of this kingdom : in two parts / auctore Jo. Wilsonio J.C.	Wilson, John, 1626-1696.	1688 (1688)	Wing W2921A; ESTC R43961	44,210	87

no Authority to examine it Take away Knowledge to discern Judgment to weigh and Resolution to determine and what will ye make of a Prince His Majesty foresaw a Storm coming lay close for it and wrought it thro' with Resolution A Hand or two might be enough at Helm but it required many to work the Ship And whom in such a case would a Skipper chuse Such as had stuck to him in former Storms or such as had been for throwing him over-board in a Calm They might have been as handy perhaps or better qualify'd but the Ship was in danger and what talk we of Formalities 2. Object But the King had other hands A Loyal City a trusty Militia c. Answ But is he bound to make use of them in extraordinary Cases Has not that City grown too fast May the King yet March thro' London without leave Or take up Monys upon his Revenue without License I begin now to be of opinion he may and withal hope it shall long continue so Then for the Militia To give them their due they were generally up on the late Western occasion but of no great use what good did their numbers against William the Conquerour's form'd Army Or what 's the reason the Crown of England has so often follow'd the Fortune of a single Battle But that it has been fought by an Uncommanded Multitude who knowing nothing but their own Inclinations believe God is departed from the beaten side and consequently deem it a sin to tempt Providence with a Second I will not say but they may be made more serviceable however till that be what hurt if the King make use of such as are In short as the Subject has his Liberty by the same Laws also has the King his i. e. His Prerogative Nay to imagine the contrary were a Condradiction in Terminis And what better were that Prerogative if restrain'd in the legal use than a Long-wing'd Hawk but ty'd to Fist Shall a Man do nothing without consulting his Wife Or must the King call a Parliament upon every Emergency I think not For Omnis Rex Angliae est solus Rex Stam. pl. cor 99. semper Rex and there are many things he may do of himself without Parliament The power of Peace and War is 9 E. 4.4 and was the King's at Common Law and our later Acts of Parliament are but declaratory of that Ancient Law. He may charge the Subject for defence of the Kingdom without Parliament 13 E. 4.14 And the same did Queen Eliz. in 1588. Grant a Toll upon the erection of a new Fair Market Bridge Ferry Grant Pontage Murage Paveage Rolls Abridg. 2d part 171. c. As there are many ancient Instances of it in the 3d. 7th and 32d of Edw. the 1st It may be said 't is true the Subject here has a Quid pro Quo but what Quid pro Quo is it That the King grants to one or more Subjects to have more priviledge than others That he Erects Cities Corporations Gylds Founds Bishopricks Colleges Hospitals Grants Priviledge to make By-Laws Hold Courts send Burgesses to Parliament no Positive Law that I remember stints the number to two Wales for the most part send but one and London four Is not all this by His Royal Charter And what is it that enables Him to that but His Prerogative which is the antientest part of the Law of the Land and consequently the most Principal Nor is this all The King by His Writ may Ordain alone 9 E. 3.16 A Writ of Cessavit was brought against the Tenants of Northumberland They Petition the King and shew that they had been so harrast by Incursions of the Scots that they could not pay their Rents The King by His Writ Ordain'd a stay of Sute The King before the convenience of Colleges grants to the Scholars of Oxford 49 E. 3.18 That they should have the choice of Inns there This is my Free-hold says the Towns-Man and the King cannot do it But it is the King's Patent said the Judges and in favour of Learning and therefore a good Ordinance Much more to which purpose may be had in the Case of Ship-Mony where because the Arguments are hard to be got by themselves they may be found in the Annals of King Charles the First 3. Object But was not the Judgment for the King in that Case afterwards vacated in Parliament Answ That it was so de facto is true But that the Arguments of Sir Robert Holborn and Mr. St. Johns who argu'd it against the King and of the Judges Hutton and Crooke who had first under-written for the King and afterwards gave their Opinions against what they had so under-written were by that Parliament held for Law is also as true And therefore if I have taken any of their Concessions to prove my point for the King as Eas est ab hoste doceri I know not why it may not be the same Law now And for the rest of the Judges that gave their Opinions for the King according to what they had first underwritten they were accounted Men Eminent in their time and if the Lord Chief Justice Finch a Gentleman in whom Art and Nature concurr'd to make him Eloquent and a long experience dexterous and who had been speaker of the Parliament of 3d. Car. 1. at what time the Petition of Right past may be credited Those first Opinions were so delivered to His Majesty that no one Judge knew the Opinion of the rest or the reason that induc'd His Majesty to demand it And now that I am upon this Matter it is but a Justice due to that King's Memory that I open the History of it The Cards had long shuffling for some plausible Trump whereby to engage the People into a Rebellion None more luckily turn'd up wherein their Properties seem'd to be concern'd than this of Mr. Hambden where the Case lay thus The Dutch in the 9th Car. 1. 1634. had set up the Northern Herring-fishing on our Sea Grotius had put out three or four sheets of Paper which he calls Mare Liberum Mr. Selden learnedly encounter'd him and as fully answer'd it in his Mare Clausum by shewing That before the Romans had ever to do in Britain during their time and ever since the Dominion of the Narrow Seas was the Ancient undoubted Right of the Crown of England Pens were too weak to decide the Matter Mr. Noy finds Precedents of Naval-aids by sole Authority of the King Some few of the Commons except against it as being out of Parliament and against the Petition of Right The first Writ is directed to the Major c. of London to equip seven Ships of War by a day certain sufficiently provided at their own Charges of all things necessary for 26 Weeks From thence Writs are sent into the inland Counties Most pay their proportion which in the whole amounted to but 20000 per Mens thro' England Mr.

dispensing with it has been and is every days practice And if it were not for the King's License for Importing and Exporting several Commodities prohibited by Statute Informers and their Auxiliaries Knights of the Post might live well enough without the Sweat of their Consciences But admitting these may not come up as I see not where they fall short The 13. H. 6. c. 8. is in point No Sheriff says that Statute shall continue in his Office above one year under the Penalty of 200 l. and every Patent to that purpose to be void notwithstanding the Clause of Non Obstante And the person for ever after disabled to bear the Office of Sheriff And yet Edw. the 4th made a Sheriff for life cum clausula Non Obstante to that Statute and adjudged good 2 H. 7.6 by all the Justices Nor seems the Case of the Lord De la Ware to be altogether wide of the matter William West Nephew and Heir of Tho. Lord De la Ware had been disabled by Act of Parliament 3 E. 6. to claim any Lands Dignities c. from his said Unkle for his natural Life only 8 Eliz. Thomas dies The Queen restores William And by new Creation to the same Title calls him to Parliament where he had place as puny Baron and dies 11 Coke 1. Now the Case as it is reported by Sir Ed. Coke relates only to this whither the new Lord De la Ware should take his place to the antient Barony by Writ or according to his Father's Creation by Patent and resolv'd he should have it according to the antient Barony which at the time of the new Creation was only Suspended But I make this other use of it That an Act of Parliament in one King's Reign barr'd not the Successor of the Service of that Subject because it was due by a Title paramount the disability viz. The Law of Nature Here was a manifest disability created by Parliament in the Person of William and the intent of the Act was he should not serve in Parliament as Lord De la Ware The Queen finds she had use of his Service as Lord De la Ware and by new Creation enables him to perform it So then whither he sate in Parliament by vertue of the old Dignity or new Creation it matters not He sate in Parliament The disability was remov'd and the Queen had his Service And besides this there are other Matters contrary to the usage of the Realm and Ecclesiastical Canons in force among our selves that have been dispenst with by our Kings and that out of Parliament The Clergy by that usage and their own Canons are disabled to bear Secular Offices 2 Inst 121. and the doing otherwise has been complain'd of in Parliament 45 E. 3. yet our Kings have frequently dispenst with them in it and made them Chancellors Treasurers c. both before and since the Reformation and he scandals the Authority of both that will allow neither On the other hand Cromwell in Henry 8th's time was Merè Laicus yet the King made him His Vicegerent in Ecclesiasticis however otherwise incapacitated by the same usage and Canons And that there have been several Personal Disabilities created by Parliament yet void in themselves we have the several Examples of Edw. the 4th who in the Blood of His Father Richard Duke of York was disabled from claiming the Crown Henry the 6th to reassume it Henry the 7th attainted by Parliament Queen Mary and Queen Elizabeth respectively Excluded by the same Authority And yet the accession of the Crown clear'd those Disabilities without a Repeal and what better could there have been dream't from the late Bill of Exclusion 6. Lastly and to close all The King cannot devest Himself or restrain His Successor of any regal Right that is essentially in the Crown i.e. really annext to His Person as King Because it would be in prejudice of the Crown in making Him less King than He ought to be Nor are any of the King's Grants or Concessions to be understood otherwise than Salvo Jure Coronae For by the same Reason that any one part may be separated may also more and so from one thing to another even all at last and very well if it holds a Dukedom of Venice Whereas Quae Jurisdictionis Bract. l. 2. c. 24. Pacis sunt ad nullum pertinent nisi ad Coronam dignitatem Regiam nec à Coronâ Seperari possunt cùm faciant ipsam Coronam Such things saith he as concern the Supream Authority and Peace of the Kingdom belong to none but the Crown and Royal Dignity nor can they be separated from the Crown in as much as they are the very things that make it a Crown This Bracton was a Judge in Hen. the 2d's time during the heat of the Barons Wars and what he means by those Words but that the Crown were nothing without that Supream Authority and the power of executing it were worth his explaining that would draw any other sense from them And if he shall not it is but reasonable that he confess That the Crown is and ought to be preserv'd entire and as it will not admit of any false Metal to embase it will less endure any Clogs to encumber it I speak not of Popular or Consular States or what may have been practis'd in them Or Elective Kingdoms where tho One may bear the Title and Honour of a Prince He has not Merum Imperium the Supream Power of an Absolute Regality but is Himself subject to that Power which is transcendent to His and appertaineth to the State. But of the King of England over whom the States have no power in as much as all Power and Authority is deriv'd from Him de Lumine Lumen but as before Salvo Jure Coronae For the Royal Dignity is indivisible and every Subject owes Him Liege Homage De vita membro terreno honore for Life Member and Earthly Honour nor can any Earthly Power discharge him of it William the Conqueror created Hugh Lupus his Nephew Hereditary Earl of Chester and gave him the County in Fee Ita Liberè ad gladium 4 Inst 211. ut ipse Rex tenebat Angliam ad Coronam To hold it as free by his Sword as Himself-held England by his Crown Yet this exempted him not from remaining a Subject So a Grant to the Abbot of St. Bartholomew 14 H. 7.11 to be as free in his Lands as the King in His Crown Yet he was still a Subject and shall pay a fine But these may be said were the single Acts of a King and out of Parliament We 'll see now what a Parliament could do Richard the 2d by His Letters Patents created Robert de Vere Earl of Lincoln and Marquess of Dublin to be Duke of Ireland and grants to him for life Totam terram Dominium Hiberniae Portus Maris c. The whole Land and Dominion of Ireland The Sea