Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	knight_n	service_n	tenant_n	1,891	5	9.6943	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56250	A political essay, or, Summary review of the kings and government of England since the Norman Conquest by W. P---y, Esq.	Pudsey, William.; Petty, William, Sir, 1623-1687.	1698 (1698)	Wing P4172; ESTC R19673	81,441	212

others he himself made the Laws a Measure of his Prerogative It will not be worth Enquiry Whether he first Instituted a Parliament in the Form it now stands He raised Money in a Parliamentary way we find in his First Parliament at Salisbury he obtained Three Shillings upon every Hide of Land towards the Marriage of his Daughter with the Emperor although 't is said there these Aids were due by Common Law from the King's Tenants by Knight's Service viz. Aid to Ransom the King's Person Aid to make the King 's Eldest Son a Knight and Aid to Marry the King 's Eldest Daughter once And although this matter was ascertain'd afterwards by King John's Charter at Running-Mead yet following Kings have not been so tender and reserv'd in this Point If he may be said to be Cruel to his Brother Robert I 'm sure he was very Honourable towards Lewis of France when in England whither he came on his own Head notwithstanding he was Solicited and Tempted to make him away As to his Personal Virtues or Vices they were to himself If he fail'd in the Oeconomicks he had Troubles in his own House and whether his Misfortunes of this kind were occasioned by Judgments or the Follies of himself or Wife it is certain he had his share of them but he took so much care that the Nation knew but very few troubles during his Reign And as he obtained a Kingdom by a sort of Artifice so he used his Prerogative with Discretion STEPHEN THIS King's Reign was almost one entire Scene of Military Actions without any mixture of Civil Policy he did not live a Year to Enjoy or Manage Peace after his Agreement with Henry II. the Son of Maud And there was never any formal Meeting of the Body of the Estates in his time The Expences of his War were occasioned by a troubled Title and he maintained them by Confiscations and although he had continued Charges that way yet he required few or no Tributes from the People 'T is said he had another way of getting Money viz by causing Men to be Impleaded and Fined for Hunting in his Forests after he had given them Liberty to Hunt there For thus far at least the Kings Exercised an Absolute Prerogative only over the Beasts of the Forest Which is a Prerogative I confess they ought to Enjoy Indisputably HENRY II. THOUGH this King came to the Crown by the most Absolute Title and Clearest Right yet in Four and thirty Years time we do not find that he pretended to impose upon his People any Arbitrary Power but by Success and Policy he added to the Crown of England Scotland Ireland the Isles of Orcades Britain Poytiers Guyen and other Provinces of France And for all this he had only one Tax of Escuage towards his War with France His causing the Castles to be Demolished was a justifiable piece of Policy for the reason given as being Nurseries of Rebellion In the beginning of his Reign he refined and reformed the Laws and 't is said made them more Tolerable and Profitable to his People than they were before and what is better Governed himself by them We do not find the Punishments of Capital Offences or others were certain but variable and distinguished in the same Crime according to the degrees of Aggravation The Church-Chroniclers bestow a Judgment upon him for refusing to take the Protection of the Distressed Christians in Jerusalem offered to him by Heraclius the Patriarch and assign his Troubles at Home to that Cause but they might be mistaken and he might as he apprehended have had greater from his own Sons if he had gone Abroad upon that Errand And if the Church will forgive him the Story of Thomas Becket for he was otherwise very Civil to it the State had no reason to complain of him for he suffered neither his Wars nor his Pleasures to be Chargeable to the Nation nor his Concubines to be Spungers on the People RICHARD I. THERE is but little Observable in the Reign of this King with relation to the Subject at Home he being the greater part of it out of the Land If his Artifices of Raising Money were not Justifiable the occasion may at least Excuse him He obtained a Subsidy towards his necessary Charges of War what was properly called Taxation was by Parliament or by the Subjects own Contribution and Method of Charging themselves with as the Money raised for his Ransom If he may be charged with some slips in Justice he made it up in Courtesy which by the by goes a great way with Englishmen for 't is observed they may be Led tho' they will not well Drive And upon his return Home from the Holy Land we find the first thing he did was to give his Lords and People Thanks for their Faithfulness to him in his Absence and for their readiness to Supply him for his Ransom JOHN MOntaigne says in one of his Essays and he speaks it upon Observation of History That Women Children and Mad-men have had the Fortune to govern Great Kingdoms equally well with the Wifest Princes And Thucydides That the Stupid more frequently do it than those of better Understanding Whether this be an Argument of a Providential Disposing and Governing of Kingdoms I leave to those that are conversant that way Some Men perhaps may be apt to think it reflects Disgrace on Dignities if this be true Some Kings are involv'd in such a Cloud of Circumstances of Difficulty and Intrigues that there is no looking into them nor making any Judgment of their Actions Speed guesses of King John That if his Reign had not fallen out in the time of so Turbulent a Pope such Ambitious Neighbour Princes and such Disloyal Subjects nor his Story into the Hands of Exasperated Writers he had appear'd a King of as great Renown as Misfortunes This is civilly and gently said This is certain This King as all others when once they have broke through their Coronation-Oath presently became as it were infatuated and deaf to all good Counsel stoop't to every thing that was mean and base and having once laid aside his Native Honour run into all Dishonourable Sordid Actions The History represents him pursuing his Profit and even his Pleasures by all manner of Injustice He prosecuted his Brother Geoffry Archbishop of York and took from him all he had only for doing the Duty of a Wise and Faithful Councellor Hence his Lords grew Resty and refused to follow him into France unless he would restore to them their Rights and Liberties which he had invaded And when he shuffled with them in the Grant of their Demands What Wars what Miseries did not follow Wars at Home Foreiners call'd in the Nation plunder'd and spoil'd Money procured by Base poor-spirited Tricks He on one Side forc'd to truckle to the Pope and as is said to submit to somebody worse his Subjects on the other hand calling in to their Relief as they thought a Foreiner fetch

given by Bracton and Britton and Fortescue's foolish Etimology There must be a Prerogative somewhere in all Places There is a Prerogative in Kings by the Law of Nations and the Use of it is to shew Mercy to reward Virtue 'T is the Law that punisheth not Kings and because there is no written Equity in Criminal or Capital Matters therefore the Seat of Mercy is placed by the Fountain of Justice This is no doubt properly and truly to be God's Vicegerent Thus with us Potest Rex ei lege suâ Dignitatis Spelman Gloss Praerogativa Regis Condonare si velit Mortem promeritam Spoken of Edward the Confessor Though there is a sort of Equity by the Letter of our Law in the Case of Manslaughter making an allowance for the Passions of Men and the King's Pardon of Murder hath been question'd it looks like a Dispensing with the Positive Law of God It is certain he can't change the Punishment There are several Prerogatives and Flowers of the Crown some of Use some for Ornament but founded also upon Reason The King hath all Mines of Gold and Silver Treasure Trove Escheats of all Cities May take his Creditors into Protection till he be satisfied with Preference May take Body Lands and Goods of Debtor c. because the King's Treasure is supposed to be for the publick Benefit May make any Foreign Coin lawful Money of England by Proclamation for Exigencies may require it The King may dig in the Subjects House not Mansion-House or Barn for Salt-petre being for the Defence of the Nation Kings only can have Parks and Chaces and not Subjects without his License So Swans in Royal Rivers because they are stately Creatures and Royal Game and become the Honour of a King The King shall be said to be Founder though another join in the Foundation c. because 't is for his Honour The King shall have Ward though the Lands were held of him by Posteriority because the King's Title shall be preferr'd and not put in Competition with the Subject So he shall not be Tenant in common i. e. He shall have all because a Subject ought not to be equal with him in any thing There are also several other Franchises which by the Policy of our Law belong to the Crown And we say in our Law That the King's Prerogative is part of the Law of England and comprehended within the same We say also That the King hath no Prerogative but that which the Law of the Land allows him And 't is certain he is restrained in several respects by our Law as in a Politick Capacity Letting pass those Distinctions and Cant in Coke's 7th Rep. Calvin's Case of the King's Prerogative As he hath Advantages so he hath his Disadvantages also at least Kings or others for them are apt to call them so Thus he can't by Testament dispose of the Jewels of the Crown 't is doubted whether he may legally pawn them though it be said he may give them by his Letters-Patents 't is against the Honour of the Crown The Law is so jealous of the King's Honour that it hath preferr'd it before his Profit He hath no Prerogative against Magna Charta cannot take or prejudice the Inheritance of any Can 't send any man out of the Realm against his Will because he hath the Command of the Service of the Subjects only for Defence of the Realm Can 't lay any new Impost on Merchandises Can take none but usual and Ancient Aids and Taxes Can 't dispense with Statutes made for Publick Good or against Nusances or Mala in se Can do no Wrong Can 't alter the Law Common or Ecclesiastical Nor Statute-Law or Custom of the Realm by Proclamation or otherwise Nor create any Offence thereby which was not an Offence before Can 't grant a Corporation any new Jurisdiction to proceed by Civil Law because it may deprive Subjects hereby of Privilege of Trial. The King can't put off the Offices of Justice of a King is not suppos'd to be ill-affected but deceiv'd and impos'd upon and abus'd Eadem presumitur mens Regis quae est juris c. But the late Sticklers for Arbitrary Power have found out a Plea for the Absoluteness of Kings which as they think carries some Face of an Objection against the fettering their Prerogative Say they At this rate a King can never exert himself as he ought to do any Glorious Action or as King James the II d phras'd it to Carry the Reputation of a Kingdom high in the World He cannot extend his Conquests c. No matter whether he can or not Neither can he oppress his Subjects It is sufficient for Kings especially for a King of Great Britain to be on the Defensive by Land neither do I believe any of our Kings ever got any thing by extending their Dominions 'T is no Argument to us in our Situation if the matter were so But this Notion is a Mistake For never did any King do extraordinary Feats where he made War and carried it on against the Inclinations or without the Consent of his People The Fights with the Dutch at Sea in the Reign of King Charles the II d is a sufficient Instance of this Nature We fought against the Grain and without an Enemy as Sir William Temple observes Nor shall we find in History that any King hath continued his enlarged Bounds where he carried on Imposts and Taxes by Violence at Home to the Impoverishing of his People Let the End of this present French King be observ'd who seems to stand an Exception at present but he stands a very ticklish one Besides the true Interest and Advantage of our Island lies another way To maintain the Sovereignty of the Seas to promote Trade and Traffick c. And to this purpose the King hath the highest Prerogative in this Element He may press Men for this Service which he cannot for any Foreign Expedition by Land He hath Customs Tunnage and Poundage c. Yet not these without Consent in Parliament and some of our Kings have made but a scurvy Experiment in attempting to take them without it Whence then doth come this Title to Arbitrary Absolute Power It must be the Child of Conquest or some other Paramount Inherent Right And to this purpose it is objected That by our Laws we acknowledge several Rights and Privileges of the Subject to be Concessions from Kings and we yield the Lands to be holden immediately or mediately of the Crown c. This is pretended to sound in Conquest rather than Compact or to be founded on the Patriarchal Right And Sir Robert Filmer especially is pleasant upon Sir Edward Coke for this He says If the first Kings were chosen by the People as many think they were then surely our Forefathers were a very bountiful if not prodigal People to give all the Lands of the whole Kingdom to their Kings with liberty to them to keep what they pleas'd and to