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	service_n	ward_n	1,566	5	10.5774	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A04224	The vvorkes of the most high and mightie prince, Iames by the grace of God, King of Great Britaine, France and Ireland, defender of the faith, &c. Published by Iames, Bishop of Winton, and deane of his Maiesties Chappel Royall; Works	James I, King of England, 1566-1625.; Montagu, James, 1568?-1618.; Elstracke, Renold, fl. 1590-1630, engraver.; Pass, Simon van de, 1595?-1647, engraver.	1616 (1616)	STC 14344; ESTC S122229	618,837	614

being scantly inhabited but by very few and they as barbarous and scant of ciuilitie as number there comes our first King Fergus with a great number with him out of Ireland which was long inhabited before vs and making himselfe master of the countrey by his owne friendship and force as well of the Ireland-men that came with him as of the countrey-men that willingly fell to him hee made himselfe King and Lord as well of the whole landes as of the whole inhabitants within the same Thereafter he and his successours a long while after their being Kinges made and established their lawes from time to time and as the occasion required So the trewth is directly contrarie in our state to the false affirmation of such seditious writers as would perswade vs that the Lawes and state of our countrey were established before the admitting of a king where by the contrarie ye see it plainely prooued that a wise king comming in among barbares first established the estate and forme of gouernement and thereafter made lawes by himselfe and his successours according thereto The kings therefore in Scotland were before any estates or rankes of men within the same before any Parliaments were holden or lawes made and by them was the land distributed which at the first was whole theirs states erected and decerned and formes of gouernement deuised and established And so it followes of necessitie that the kings were the authors and makers of the Lawes and not the Lawes of the kings And to prooue this my assertion more clearly it is euident by the rolles of our Chancellery which containe our eldest and fundamentall Lawes that the King is Dominus omnium bonorum and Dominus directus totius Dominij the whole subiects being but his vassals and from him holding all their lands as their ouer-lord who according to good seruices done vnto him chaungeth their holdings from tacke to few from ward to blanch erecteth new Baronies and vniteth olde without aduice or authoritie of either Parliament or any other subalterin iudiciall seate So as if wrong might bee admitted in play albeit I grant wrong should be wrong in all persons the King might haue a better colour for his pleasure without further reason to take the land from his lieges as ouer-lord of the whole and doe with it as pleaseth him since all that they hold is of him then as foolish writers say the people might vnmake the king and put an other in his roome But either of them as vnlawful and against the ordinance of God ought to be alike odious to be thought much lesse put in practise And according to these fundamentall Lawes already alledged we daily see that in the Parliament which is nothing else but the head Court of the king and his vassals the lawes are but craued by his subiects and onely made by him at their rogation and with their aduice For albeit the king make daily statutes and ordinances enioyning such paines thereto as hee thinkes meet without any aduice of Parliament or estates yet it lies in the power of no Parliament to make any kinde of Lawe or Statute without his Scepter be to it for giuing it the force of a Law And although diuers changes haue beene in other countries of the blood Royall and kingly house the kingdome being reft by conquest from one to another as in our neighbour countrey in England which was neuer in ours yet the same ground of the kings right ouer all the land and subiects thereof remaineth alike in all other free Monarchies as well as in this For when the Bastard of Normandie came into England and made himselfe king was it not by force and with a mighty army Where he gaue the Law and tooke none changed the Lawes inuerted the order of gouernement set downe the strangers his followers in many of the old possessours roomes as at this day well appeareth a great part of the Gentlemen in England beeing come of the Norman blood and their old Lawes which to this day they are ruled by are written in his language and not in theirs And yet his successours haue with great happinesse enioyed the Crowne to this day Whereof the like was also done by all them that conquested them before And for conclusion of this point that the king is ouer-lord ouer the whole lands it is likewise daily proued by the Law of our hoordes of want of Heires and of Bastardies For if a hoord be found vnder the earth because it is no more in the keeping or vse of any person it of the law pertains to the king If a person inheritour of any lands or goods dye without any sort of heires all his landes and goods returne to the king And if a bastard die vnrehabled without heires of his bodie which rehabling onely lyes in the kings hands all that hee hath likewise returnes to the king And as ye see it manifest that the King is ouer-Lord of the whole land so is he Master ouer euery person that inhabiteth the same hauing power ouer the life and death of euery one of them For although a iust Prince will not take the life of any of his subiects without a cleare law yet the same lawes whereby he taketh them are made by himselfe or his predecessours and so the power flowes alwaies from him selfe as by daily experience we see good and iust Princes will from time to time make new lawes and statutes adioyning the penalties to the breakers thereof which before the law was made had beene no crime to the subiect to haue committed Not that I deny the old definition of a King and of a law which makes the king to bee a speaking law and the Law a dumbe king for certainely a king that gouernes not by his lawe can neither be countable to God for his administration nor haue a happy and established raigne For albeit it be trew that I haue at length prooued that the King is aboue the law as both the author and giuer of strength thereto yet a good king will not onely delight to rule his subiects by the lawe but euen will conforme himselfe in his owne actions thereuneto alwaies keeping that ground that the health of the common-wealth be his chiefe lawe And where he sees the lawe doubtsome or rigorous hee may interpret or mitigate the same lest otherwise Summum ius bee summa iniuria And therefore generall lawes made publikely in Parliament may vpon knowen respects to the King by his authoritie bee mitigated and suspended vpon causes onely knowen to him As likewise although I haue said a good king will frame all his actions to be according to the Law yet is hee not bound thereto but of his good will and for good example-giuing to his subiects For as in the law of abstaining from eating of flesh in Lenton the king will for examples sake make his owne house to obserue the Law yet no man will thinke he needs to take a licence to

honour and felicitie to consist in attaining per fas vel nefas Arist 5. Polit. Tacit. 4. hist to his ambitious pretences thinketh neuer himselfe sure but by the dissention and factions among his people and counterfaiting the Saint while he once creepe in credite will then by inuerting all good Lawes to serue onely for his vnrulie priuate affections frame the common-weale euer to aduance his particular building his suretie vpon his peoples miserie and in the end as a step-father and an vncouth hireling make vp his owne hand vpon the ruines of the Republicke And according to their actions The issue and rewards of a good King so receiue they their reward For a good King after a happie and famous reigne dieth in peace lamented by his subiects and admired by his neighbours and leauing a reuerent renowne behinde him in earth obtaineth the Crowne of eternall felicitie in heauen Cic. 6. de Rep. And although some of them which falleth out very rarelie may be cut off by the treason of some vnnaturall subiects yet liueth their fame after them and some notable plague faileth neuer to ouertake the committers in this life besides their infamie to all posterities hereafter The issue of Tyrans Arist 5. Polit. Where by the contrarie a Tyrannes miserable and infamous life armeth in end his owne Subiects to become his burreaux Isocr in Sym. and although that rebellion be euer vnlawfull on their part yet is the world so wearied of him that his fall is little meaned by the rest of his Subiects and but smiled at by his neighbours And besides the infamous memorie he leaueth behind him here and the endlesse paine hee sustaineth hereafter it oft falleth out that the committers not onely escape vnpunished but farther the fact will remaine as allowed by the Law in diuers aages thereafter It is easie then for you my Sonne to make a choise of one of these two sorts of rulers by following the way of vertue to establish your standing yea incase ye fell in the high way yet should it be with the honourable report and iust regrate of all honest men And therefore to returne to my purpose anent the gouernement of your Subiects Anent the making of Lawes by making and putting good Lawes to execution I remit the making of them to your owne discretion as ye shall finde the necessitie of new-rising corruptions to require them for ex malis moribus bonae leges natae sunt besides that in this countrey wee haue alreadie moe good Lawes then are well execute and am onely to insist in your forme of gouernment anent their execution Onely remember that as Parliaments haue bene ordained for making of Lawes so ye abuse not their institution in holding them for any mens particulars The authoritie and trew vse of Parliaments For as a Parliament is the honourablest and highest iudgement in the land as being the Kings head Court if it be well vsed which is by making of good Lawes in it so is it the in-iustest Iudgement-seat that may be L. 12. Tab. being abused to mens particulars irreuocable decreits against particular parties being giuen therein vnder colour of generall Lawes and oft-times th'Estates not knowing themselues whom thereby they hurt And therefore hold no Parliaments but for necessitie of new Lawes which would be but seldome for few Lawes and well put in execution are best in a well ruled common-weale As for the matter of fore-faltures which also are done in Parliament it is not good tigging with these things but my aduice is Cic. 3 de leg pro D. s pro Sest ye fore-fault none but for such odious crimes as may make them vnworthie euer to be restored againe And for smaller offences ye haue other penalties sharpe enough to be vsed against them And as for the execution of good Lawes whereat I left Anent the execution of Lawes remember that among the differences that I put betwixt the formes of the gouernment of a good King and an vsurping Tyran I shew how a Tyran would enter like a Saint while he found himselfe fast vnder-foot and then would suffer his vnrulie affections to burst foorth A iust seneritic to be vsed at the first Sen. de cl Ar. 7. pol. Therefore be yee contrare at your first entrie to your Kingdome to that Quinquennium Neronis with his tender hearted wish Vellem nescirem literas in giuing the Law full execution against all breakers thereof but exception For since ye come not to your reigne precariò nor by conquest but by right and due discent feare no vproares for doing of iustice since ye may assure your selfe Plato 2. 10 de Repub. Cic. ad Q. fr. the most part of your people will euer naturally fauour Iustice prouiding alwaies that ye doe it onely for loue to Iustice and not for satisfying any particular passions of yours vnder colour thereof otherwise how iustly that euer the offender deserue it ye are guiltie of murther before God For ye must consider that God euer looketh to your inward intention in all your actions And when yee haue by the seueritie of Iustice once setled your countries and made them know that ye can strike A good mixture Plato in Pol. 9. de L. Sal. orat ad Caesar then may ye thereafter all the daies of your life mixe Iustice with Mercie punishing or sparing as ye shall finde the crime to haue bene wilfully or rashly committed and according to the by-past behauiour of the committer For if otherwise ye kyth your clemencie at the first the offences would soone come to such heapes and the contempt of you grow so great that when ye would fall to punish the number of them to be punished would exceed the innocent and yee would be troubled to resolue whom-at to begin and against your nature would be compelled then to wracke many whom the chastisement of few in the beginning might haue preserued But in this A deare president But in this my ouer-deare bought experience may serue you for a sufficient lesson For I confesse where I thought by being gracious at the beginning to win all mens hearts to a louing and willing obedience I by the contrary found the disorder of the countrie and the losse of my thankes to be all my reward But as this seuere Iustice of yours vpon all offences would bee but for a time as I haue alreadie said so is there some horrible crimes that yee are bound in conscience neuer to forgiue such as Witch-craft Crimes vnpardonable wilfull murther Incest especially within the degrees of consanguinitie Sodomie poisoning and false coine Treason against the Prince his person or authoritie As for offences against your owne person and authoritie since the fault concerneth your selfe I remit to your owne choise to punish or pardon therein as your heart serueth you and according to the circumstances of the turne and the qualitie of the

Sheweth such Princely courage and resolution in those times when all that stood and suffered for the Popes Temporall pretensions against Kings were enrowled Martyrs or Confessors The Pope takes the matter in fowle scorne and great indignation shuts the King by his excommunicatory Bulls out of the Church stirres vp his Barons for other causes the Kings heauy friends to rise in armes giues the Kingdome of England like a masterlesse man turned ouer to a new master to Philippus Augustus King of France bindes Philip to make a conquest of England by the sword or else no bargaine or else no gift promises Philip in recompence of his trauell and Royall expences in that conquest full absolution and a generall pardon at large for all his sinnes to bee short cuts King Iohn out so much worke and makes him keepe so many yrons in the fire for his worke that he had none other way none other meanes to pacifie the Popes high displeasure to correct or qualifie the malignitie of the Popes cholericke humour by whom he was then so entangled in the Popes toyles but by yeelding himselfe to become the Popes vassal and his Kingdome feudatary or to hold by fealty of the Papall See By this meanes his Crowne is made tributary all his people liable to payment of taxes by the poll for a certaine yeerely tribute and he is blessed with a pardon for all his sinnes Whether King Iohn was mooued to doe this dishonourable act vpon any deuotion or inflamed with any zeale of Religion or inforced by the vnresistable weapons of necessitie who can be so blind that he doeth not well see and clearely perceiue For to purchase his owne freedome from this bondage to the Pope what could he bee vnwilling to doe that was willing to bring his Kingdome vnder the yoake of Amirales Murmelinus a Mahumetan Prince then King of Granado and Barbaria The Pope after that sent a Legat into England The King now the Popes vassall and holding his Crowne of the Pope like a man that holds his land of another by Knights seruice or by homage and fealtie doeth faire homage for his Crowne to the Popes Legat and layeth downe at his feet a great masse of the purest gold in coyne The reuerend Legat in token of his Masters Soueraigntie with more then vsuall pride falls to kicking and spurning the treasure no doubt with a paire of most holy feet Not onely so but likewise at solemne feasts is easily entreated to take the Kings chaire of Estate Heere I would faine know the Lord Cardinals opinion whether these actions of the Pope were iust or vniust lawfull or vnlawfull according to right or against all right and reason If he will say against right it is then cleare that against right his Lordship hath made way to this example if according to right let him then make it knowen from whence or from whom this power was deriued and conueyed to the Pope whereby hee makes himselfe Souereigne Lord of Temporalties in that Kingdome where neither he nor any of his predecessours euer pretended any right or layd any claime to Temporall matters before Are such prankes to be played by the Pontificiall Bishop Is this an act of Holinesse to set a Kingdome on fire by the flaming brands of sedition to dismember and quarter a Kingdome with intestine warres onely to this end that a King once reduced to the lowest degree of miserie might be lifted by his Holinesse out of his Royall prerogatiue the very soule and life of his Royall Estate When began this Papall power In what aage began the Pope to practise this power What! haue the ancient Canons for the Scripture in this question beareth no pawme haue the Canons of the ancient Church imposed any such satisfaction vpon a sinner that of a Souereigne and free King he should become vassall to his ghostly Father that he should make himselfe together with all his people and subiects tributaries to a Bishop that shall rifle a whole Nation of their coine that shall receiue homage of a King and make a King his vassall What! Shall not a sinner be quitted of his faults except his Pastor turne robber and one that goeth about to get a booty except hee make his Pastour a Feoffee in his whole Estate and suffer himselfe vnder a shadow of penance to freeze naked to be turned out of all his goods and possessions of inheritance But be it granted admit his Holinesse robs one Prince of his rights and reuenewes to conferre the same vpon another were it not an high degree of tyrannie to finger another mans estate and to giue that away to a third which the second hath no right no lawfull authoritie to giue Well if the Pope then shall become his owne caruer in the rights of another if he shall make his owne coffers to swell with anothers reuenewes if he shall decke and aray his owne backe in the spoiles of a sinner with whom in absolution he maketh peace and taketh truce what can this be else but running into further degrees of wickednesse and mischiefe what can this be else but heaping of robbery vpon fraud and Impietie vpon robbery For by such deceitfull craftie and cunning practises the nature of the Pontificiall See meerely spirituall is changed into the Kings-bench-Court meerely temporall the Bishops chaire is changed into a Monarchs Throne And not onely so but besides the sinners repentance is changed into a snare or pit-fall of cousening deceit and S. Peters net is changed into a casting-net or a flew to fish for all the wealth of most flourishing Kingdomes Moreouer the King a hard case is driuen by such wiles and subtilties to worke impossibilities to acte more then is lawfull or within the compasse of his power to practise For the King neither may in right nor can by power trans-nature his Crowne impaire the Maiestie of his Kingdome or leaue his Royal dignitie lesse free to his heire apparant or next successor then he receiued the same of his predecessour Much lesse by any dishonourable capitulations by any vnworthy contracts degrade his posteritie bring his people vnder the grieuous burden of tributes and taxes to a forreine Prince Least of all make them tributary to a Priest vnto whom it no way apperteineth to haue any hand in the ciuill affaires of Kings or to distaine and vnhallow their Crownes And therefore when the Pope dispatched his Nuntio to Philippus Augustus requesting the King to auert Lewis his sonne from laying any claime to the Kingdome of England Philip answered the Legat as we haue it in Matth. Paris No King no Prince can alienate or giue away his Kingdom but by consent of his Barons bound by Knights seruice to defend the said Kingdome and in case the Pope shall stand for the contrary error his Holines shall giue to Kingdomes a most pernicious example By the same Author it is testified that King Iohn became odious to his subiects for such dishonourable and vnworthy