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	tenure_n	3,330	5	12.6135	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86918	A vindication of the Treatise of monarchy, containing an answer to Dr Fernes reply; also, a more full discovery of three maine points; 1. The ordinance of God in supremacie. 2. The nature and kinds of limitation. 3. The causes and meanes of limitation in governments. Done by the authour of the former treatise.	Hunton, Philip, 1604?-1682.	1644 (1644)	Wing H3784; Thomason E39_12; ESTC R21631	66,271	81

I doe not there apparently set it down as a description of our now existent Frame of Government And whether any thing therein is not according to past historie and present experience Yea I challenge the Doctor to except against the least part of it as not so if he cannot he doth wrong so to miscall and deride it After this Excursion he returnes back to the 36. page of my Book and the proper businesse of that Chapt. which was his three Titles by Conquest I looked that after his first he should have made good his second Conquest sc the Danish and made good what he had said that our Kings hold by that too as one of the three But not a word of that for shame He passes p. 26. to the Norman entrance And to prove that William held this Land by conquest he cites out of Mr Cambden that in victorie quasi Tropheum he disposed of the Lands of the Conquered changed their Tenure abrogated what English Lawes and customes he pleased c. Indeed when he had gotten full possession he did what he pleased but sactum non probat jus I have proved and the Doctor hath not gainsaid 1. That his Title by which he claimed was a successive and Legall Title 2. That this Title got the favour of a great party and was a maine Meane facilitating his acquirie 3. That he was inaugurated by virtue of that Title 4. After he had gotten the Kingdome though he did many things arbitrarily yet he setled himselfe and his successours in the state of Legall Monarches as the Doctor confesses p. 27. What then is become of his Triple Tenure by Conquest when here 's not one can be made good when it comes to a due scanning That of Mr Cambden that the Kings of this Land have Potestatem supremam merum imperium is no more then that of the Statute which the Doctor speakes of p. 47. that it is an Empire governed by one supreme head which we acknowledge for that merum imperium must be understood in a moderate sense else it sayes more then the Doctor himselfe professes to own Though Mr Cambdens judgement in this case is not of the authority of a proofe Sect. 2 Then he passes to my Arguments p. 28. But by the way let me tell him My Arguments for Limitation and Mixture vindicated I brought 5. Arguments to prove this Government limited and 3. to prove it mixed and it had been meet he should have brought somewhat beside his bare word to prove it limited only in the exercise that is Absolute in the power but he brings no proofe because he had none Yet perhaps though he had not wherwithall to confirm his own yet he hath to demolish my Assertions Let us see therefore his solutions of my Arguments But before we come to weigh them because he tells us p. 28. it were an Argument fit for a skilfull Lawyer to labour in and slights my endeavour because I bring not History and Antiquity but doe goe about to reason him into a beliefe of those Assertions Let me premise something concerning that course of proving them 1. The work of bringing History and Antiquity doth belong to him who affirmes such a Title of Power in our Kings Let him shew how and when it was conveyed to them He which challenges a right to that which was once undoubtedly mine must prove his right and he can have no more then he can bring evidence for 2. On his defaut if I undertake a needlesse office to prove my Negative there are but two wayes imaginable to doe it one is by records of histories setting out the first constitution of a state and the Termes on which 〈◊〉 people resigned up their liberty to a subjection So in the Antient Romane State the Venetian the late Belgik Vnion and others which have at once visibly and lately been composed it is likely that way might be taken The other is by demonstrative collections drawn from the institution of the present composure of a State Thus alone is it possible to discerne and prove the constitution of a Government which springs not up at once but by unseen degrees and moments whose fundamentall constitutive acts stand upon no record This is the condition of most Governments in the world which have sprung from small rude and unknown beginnings And of this in particular For 1. A limitation of Royall Power was brought hither by the Saxons and Angli our Ancestours hath been proved This was as those times were very rude and unpolished it is likely such as Captaines in Armies have who can doe nothing of moment without the advise and consent of the Counsell of warre 2. This Limitation of Power and Libertie received some more formall and setled bounds afterwards by customes and Lawes before the Conquest as appeares by the Common Lawes which are as it were the basis and foundation of this Government the Statute Lawes being but after superstructives These Common Lawes did not grow up at once but by degrees and were unwritten Customes and Vsages gaining authority by unknowne prescription above all written Lawes and were afterward committed to writing by men skilfull in the Lawes 3. At length and after the Conquest it was perfected to this Parliamentarie Forme and even this being at first but rude grew to this exactnesse by length of Time and infinite Contentions This latter way only being left us that I took and the Doctour hath no cause to despise it For when a thing of present State is made evident by Reason drawne for palpable experience of it's present composure it is madnesse to denie it to be so because I cannot tell when it began to be so Yea when the Question is of present state it is a surer way to find out the Truth then by records of its Originall constitution For in time the Frame of a State may receive reall variations from what it was at first as the Romane State and most others have done for the contracts of men are at pleasure alterable and an argument drawne from Monuments of first coalition would then be fallacious Well be the way never so justifiable which I have taken yet the Doctor dares pronounce my Arguments insufficient to cleare what I have undertaken T is easie to pronounce it let us see how he makes good his sentence I proceeded distinctly first to lay down my Arguments proving Limitation p. 31. Then those which proove Mixture p. 40. He mingles them together And to my first third fourth and fift proving Limitation Answers that They prove only limitation in the exercise of power p. 28. Why so Neither the Denomination of Liege nor any prescription can make us believe that the Limitations of power had any other beginning then voluntary condescent As if a Government by voluntarie condescent might not receive a radicall Limitation But it lies on him to proove it was by such condescent if he can bring no record for it it must