Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	call_v	day_n	week_n	21,908	5	10.6544	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94265	Syllogologia; or, An historical discourse of parliaments in their originall before the Conquest, and continuance since. Together with the originall growth, and continuance, of these courts following, viz. [brace] High Court of Chancery, Upper Bench, Common-Pleas, Exchequer, Dutchy, and other inferiour courts now in use in this Commonwealth.	J. S.	1656 (1656)	Wing S93; Thomason E1646_1; ESTC R203463	29,703	88

Assent of the King and of the Lords spirituall and Temporall and of the Commons it is enacted or thus It is enacted by the authority of this present Parliament It is also all one in effect and substance for the words assenteth and enacteth are equivalent in this case 7. H. 7.14 2 H. 7. ●7 as it is holden 7. H. 7.14 2. H. 7.27 whereas otherwise the necessitie of the Assent of all the 3. estates of Parliament is such as without any one of them the rest will lose their labour For it fell out upon a time that the King in Parliament willed that a certain man should be attainted and should lose his hands whereunto the Lords assented But because there was nothing spoken of the Commons it was adjudged by all the Iustices 4. H. 7.18 That this was no Acte that might binde 4. H. 7.18 and therefore the partie was restored Hitherto of the Continuance and Assent of this our first and highest Court This Court of Parliament maketh inlargeth diminisheth abrogateth repealeth and reviveth Lawes statutes c. concerning matters ecclesiasticall capitall criminall common civill martiall maritine c. Cook 1 Inst fol. 110. sect 164. see 4. Inst chap. Parlia ment whereunto after that I shall have added a word or two of the jurisdiction thereof I will proceed to the rest if all judgements as Cicero said be conversant either in the punishment of offences or in the decision of controversies then is the Judgment of our Parliament of as ample authority as the assent of any or all other Courts whatsoever for it declareth the lawes that do bind all persons in all Causes aswell ecclesiasticall as temporall whereof you may see a great many examples in the volume of the old saxon Parliaments how strange a thing so ever the popish Clergie in former times have thought it to be it hath jurisdiction also in such causes which have need of help and for which there is no help by any law already in force And whereon the erronious Judgments of any other Courts must be reversed by a higher authority this Court doth not only reverse the errors of the upper Bench formerly called the Kings Bench which is superior to all other but it may also amend the errors committed by the Parliament it self if any such shall at any time appeare Ecclesiasticall Courts were many in number diverse in nature whereof the Chiefe was the Convocation of the Clergie of the whole nation of England and Wales which was assembled together with the estates of Parliament and it consisted of the Deanes Chapters Archdeacons Procurators of all the Cathedrall Churches the next were the 2. provinciall Synods of Canterbury and of Yorke to the later of the which there were only three Bishopricks subject that is to say Durham Carlisle and Chester and all the rest owed their obedience to the See of Canterbury After those were the generall Courts of the Arch-Bishops of Canterbury that is to say the Consistory or Court of the Arches for Appellations the Court of Audience of the Chancellours Court which was wont to be in the Arch-Bishops house The Commissaries or the Praerogative Court which is now in being for probate of Testaments and the Court of Faculties for dispensations then followed the speciall Courts of this Arch-Bishop namely his Consistory holden by his Commissary at Canterbury for his diocaesse and lastly the Court of those peculiar Deanaries which did belong unto him and do ly in the diocaesses of other Bishopps The other Arch-Bishops and each other Bishop had in his owne Diocesse the Court of his Chancellour and the Court of his Archdeacon or his Officiall But forasmuch as the description of these ecclesiasticall Courts perteineth to another learning I meane to the Civill and Canon Laws by which they were governed and do withall require a double treatise by themselves I will content my self with this bare enumeration of them at this time and bend my labour to the discovery of the Lay or temporall Courts that now have place amongst us Lay Courts were of two sorts The sorts of Lay Courts in antient time at the first only base and high concerning the beginning whereof I read that even as Moses the speciall minister of Justice appointed by God finding himself unable to sustain the burden of deciding all the Controversies of the people Deut. 1. Exod. 18. did set Judges over Tribes Hundreds Fifties and Tenths of the multitude to whom he referred the determination of smaller causes reserving to himself the knowledge of matters that were of greater importance so also that Saxon but Christian King of England Alfred divided his whole Realm of England first into Shires Division of the Realm for juris diction then those shires into Rathes Rapes or Rideings and these again into Wapentakes or Hundreds and lastly those also into Leets Barons or Tything and did withall establish jurisdiction in every of these permitting to the Reeves or Judges of the lower roomes authority of hearing smaller suites granting greater power to the Shiriffs and Aldermen which have charge of greater Assemblyes and detaining to himself the decision of such matters as by just cause of appellation either for Law or equity should be brought unto him This Court of the whole Shire was of two sorts whereof the one then called Scyre-Gemote that is the Assembly of the Shire and now termed the Sheriffs turn was then as now also holden twice in one year And this Court was of like jurisdiction to the Court of the Leet or of the Boroughs or Tything as it was then called The second and the Hundred Court then named Hundre des-Gemote was in those appointed to be holden once in a month at the least and that was of like nature to the County Court which is now kept every month also unto the Court Baron antiently called healgemote and corruptly halymote that is as I said the Court of a Hall or chief place which is now at this day to be kept and maintained once in three weeks if the Lord will so have it I read further more in the Laws of the Saxon King Edgar thus ne Gesece nan man Sone Synz c. Let no man seek to the King in matter of variance unless he cannot find right at home but if that right be too heavy for him then let him seek to the King to have it lightned The very like whereof is to be seen in effect in the Laws of Canutus the Dane sometimes King of this Nation also The hygh Court of justice before the Conquest for Laws and equity Out of which laws I gather four things First that every man had means to use in these base Courts at home in the Countrey for the recovery of his right Secondly Then that no man ought to use it out of the County or to draw his plea from thence without good cause both which things lye plainly in the letter of this Law Thirdly that

meet and agreeably to the second the kings house was first called a Court because the cheife Court of Iustice was holden there But now of Courts some were called ecclesiastical some Lay and other some mixed that is to say both ecclesiasticall and Lay. Of this last sort I find but one namely the high Court of Parliament which I call mixed because it had the Bishops ioyned with the lay Lords to make up the second estate thereof the first estate consisting of the Prince alone and the third of the Commonalty without any of the Clergy at all Of which Court albeit it was rather sommoned to devise and create reforme and repeale laws than to put them in execution yet forasmuch as it both ministred the matter whereupon all the other Courts do work and had in some causes ordinary jurisdictions also I will speake first and then persue my division That which wee now agreeing with the Scotts and Irish do call a Parliament the Frenchmen do call Les Estates or assemble de les estates because with them there as with as also the King Nobilitie and Commons which be the three Estates of the land do meet thereat to consult and the same in Germany is termed a Dyet for these other Courts that carry the name of Parliament in France be but ordinary Courts of Iustice which as Paulus Jovius writeth are thought to have been planted by us and of which our own Councels established in Wales and in the North parts do beare the nearest shew and resemblance This word Parliament saith one is Compounded of parium and lamentum because as he thinketh Peeres of the country did at those meetings lament and complain each to other of the enormyties of their country and thereupon provided redress for the same but this is not very credible But their opinion is more probable as I think which derive the Parliament simply from the French word Parler and that also from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both signifying tospeake and so by adding the termination mem which is common in the french tongue as well to many nounes as adverbs do make up Parliament meaning thereby an Assembly of men called together to speake or confer of their advice and opinion and so also it may not unfitly be called Parliament for that every man there doth or should speake his mind but Laur. Valla misliketh that kind of Etymologie Cooks 〈◊〉 stit fol● 110. se● 164. yet my Lord Cooke saith that it comes from parler lament to speake ones mind and his authority is not mean I will not take upon me to set downe the very time The beginning of the word Parliament in which the word Parliament came first in use but forasmuch as it was transported out of France it is not unprobable to guesse that it began here shortly after the time of the Norman Conquest One of the most authentique reports The name Parliament was used before the conquest in the time of Edw. the Confessor Cooke 1 Instit sect 164 page 110 that I think can be sound of that name Parliament is in the statute made 3. E. 1. and commonly called where that assembly is said to be le Primer Parliament generall apres coronement le Roy but yet that is not the very first use of the word for in the statute called Articuli clori and published 9. E. 2. these words are read amongst others Tempore progenitorum nostrornm quondam regum Angliae in diversis Parliament is su is c. which word progenitorum and quondam regum must needs reach higher than to E. 1. that was but father to him that spake it So that I can willingly herein subscribe to the opinion of Polydore Virgill who in the eleaventh book of his English history which contayneth the raigne of King Henry the first that was son to the Conqu writing of the great assembly at Salisbury saith thus at illud apposite habeo dicere reges ante haec tempora non consueuisse populis conventum consultandi causa nisi perraro facere adeo ut ab Hemico id institutum jure manasse dici possi● c. and a little after more galico vulgo Parliamentum appellant c. and this is so much the more credible as that King laboured by all meanes and especially by restitution of the antient lawes as all histories do agree to heale the hearts of the English men which were before deeply wounded by the oppressions of his father and brother William to the end that he might thereby the better keep the Crowne of this Realme against his elder brother Rob. Witenage Mote Michall Sinoth and Michell Gemote names of Parliament before the Conquest Cook Inslit fol. 110 who both had good right and had moved his claim thereto but what time soever this Court began to be called by the name of Parliament this is certaine th●t the same was before known to the Saxons or English men some times by the word Sinoth and Micell Sinoth of the Greeke Synodos now appropriated to ecclesiasticall meetings only and somtimes by these tearmes micel-zemoce wizenazemoze and aupa-picena zemoze that is to say the great meeting the meeting of all the wise men for wizan signifieth a wise man and Gemote a meeting of which last word the names Shiyremoote folemoote and halymoote that is to say the assembly or meeting of men of a Shire of the men of a Towne and of the tenants of a Hall or Mannor had their beginnings also And as Synoth is more used in the acts of Parliament themselves so Gemote is more familiar to the histories thus much as well of the present as of the antient usuall name now let us looke into the thing it self Like as in warr where the King is present in person The conformitie and the reason of the Estates in Parliament and with him the Nobilitie Gentry and Yeomonry there is the force and puissance of the Realme even so in peace wheresoever is the prince as the head to give life that is to say yield the highest and the last assent and where the Baronie consistting of the Lords spirituall and temporall and the Commonalty made up of the Knights and Burgesses be as the body present at his commandement to deliberate conferre consult and consent there is also the Councill and policie of the Realme so that forasmuch as every man from the highest to the lowest is there either in person or by procuration therefore of right every man is said to be bound by that law vvhich doth passe from such an assembly And this frame of policie is both Naturall and Harmonicall 1. Naturall in that it hath an imitation of the naturall body of man truly called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a little vvorld out of the 3 cells vvhereof namely the head breast and belly the vvhole three povvers of the soule do open and utter themselves 2 Harmonicall because from such and so tuned a Base Meane and Treble