Selected quad for the lemma: prince_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
prince_n	lord_n	son_n	wales_n	2,774	5	10.0959	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54695	Tenenda non tollenda, or, The necessity of preserving tenures in capite and by knight-service which according to their first institution were, and are yet, a great part of the salus populi, and the safety and defence of the King, as well as of his people : together with a prospect of the very many mischiefs and inconveniences, which by the taking away or altering of those tenures, will inevitably happen to the King and his kingdomes / by Fabian Philipps ...	Philipps, Fabian, 1601-1690.	1660 (1660)	Wing P2019; ESTC R16070	141,615	292

tenendi Parliamentum so beleived to be true that King John caused it when he sent our English Laws into Ireland to be exemplified and sent thither under the Great Seal of England it is said that every Earldom consisteth of 21 Knights Fees and every Barony of 13 Knights Fees and a third part of a Knights Fee and were of such a value and esteem as they were wont heretofore to bring Actions and Assizes for them and their Homage and Services And so litle lesse in France as the wealth of that great and populous Kingdom is not as may be rationally supposed enough to purchase of the Nobility and Gentry of that Kingdom the transmutation of their Fiefs nobles into the Roturier or Feifs ignobles nor are the Princes or Nobility of Germany likely to be perswaded out of their antient Rights and Tenures into that of the Boors or common sort of People The Nobility and Gentry of England when their Military Tenures and Dependencies shall be taken from them will not upon necessities of War and Danger according to the Tenures of their Lands their Homages and Oaths of Allegiance and their natural and legal Allegiance be able to succour or he●p their Prince and Father of their Country their Defender and Common Parent as they have heretofore done when as they stoutly and valiantly helped to guard their Standard and Lions but for want of those which held Lands of them and the Tenures by Knight service will be forced to abide with Gilead beyond Jordan and not be able to imitate their noble Ancestors nor each or any of them bring to his Service three Bannerets sixty one Knights and one hundred fifty four Archers on Horseback as Thomas de Bello campo Earl of Warwick did to E. 3. in anno 21. of his Raign at the Seige of Caleis or as the Earl of Kildare did to King E. 3. in the 25 th year of his Raign when he besieged Calice when he brought one Banneret six Knights thirty Esquires nineteen Hoblers twenty four Archers on Horseback and thirty two Archers on foot It will take away the subjection of the Bishop of the Isle of Man who holdeth of the Earl of Derby as King of the Isle of Man and not of the King of England and therefore cometh not to Parliament Take away from the King Nobility and Gentry who have Lands holden by Knight service all Escheats of such as die without Heirs or forfeit or be convicted of Felony and the Kings Annum diem vastum year day and wast where the Lands are holden of Mesne Lords the Escheats of those that held of Kings imediately being so considerable as the Castle of Barnard in Cumberland and the Counties of Northumberland and Huntington which the Kings of Scotland sometimes held of England came again to the Crown by them and the power which King Edward 1. had to make Baliol King of Scots and to determine the competition for that Kingdom was by reason it was held of him the Earldoms of Flanders and Artois were seised by Francis the 1. as forfeited being Fiefs of the Crown of France Flanders and many other Provinces forced to submit themselves upon some controversies to the Umpirage of France of whom they held Enervate at least if not spoil our original first Magna Charta which was grante by H. 3. tenendum de se heredibus suis and all our Liberties and the many after confirmations of that Magna Charta will be to seek for a support if it shall be turned into Socage the Lib●rties also of the City of London all other antient Cities and Boroughs and such as antiently and before 9 H. 3. did use to send Burgesses unto Parliament Alter if not destroy the Charter of K. R. 1. granted to the City of London for their Hustings Court to be free of Toll Lastage through all England and all Sea-Ports with many other Priviledges which were granted to be held of the King and his Heirs and the same with many other immunities granted confirmed by King John with a Tenure reserved to him and his Heirs for where no Tenure is reserved nor expressed though it should be said absque aliquo inde reddendo it shall be intended for the King and the Law will create a new Tenure by Knight service in Capite A Socage Tenure for Cities and Boroughs which have no Ploughs or intermedle not with Husbandry will be improper when as there is not any fictio juris or supposition ●in Law which doth not sequi rationem so follow reason or allude unto it as to preserve the reason or cause which it either doth or would signify but doth not suppose things improper or which are either Heterogeneous or quite contrary Put into fresh disputes the question of precedency betwixt Spain England which being much insisted upon by the Spaniard at the treaty of peace betwixt the two Kingdoms in anno 42. of Q. Eliz. at Calice occasioned by the contests of the Embassadour of Spain and Sir Henry Nevil Embassadour for England it was argued or adjudged that England besides the arguments urged on its behalf viz. Antiquity of Christian Religion more authority Ecclesiastical more absolute authority Political eminency of royal dignity and Nobility of blood ought to have precedency in regard that it was Superiour to the Kingdoms of Scotland and Ireland and the Isle of Man which held of i● that Spain had no Kingdom held in Fee of it but was it self Feudatory to France and inthral'd by oath of Subjection to Charles the fifth King of France in anno 1369. holds a great part of the Netherlands of France Arragon both the Indies Sicily Granado and Navarre Sardinia Corsica and the Canary Islands of the Pope Portugal payeth an annual Tribute to him and Naples yearly presents him with a white Spanish Genner and a certain Tribute Lessen and take away the honour of the King in having the principality of Wales Kingdom of Ireland Isle of Man Isles of Wight Gernesey and Jersey holding of England as their Superiour in Capite Enervate or ruine the Counties Palatine of Chester Lancaster Durham and Isle of Ely if the Tenures should be Levelled into Socage Very much damnifie all the Nobility and Gentry of England who hold as they have antiently divers Mannors and Lands or Offices by grand Serjeanty as for the Earls of Chester which belongeth to the Princes of Wales and the eldest Son of the King to carry before the King at his Coronation the Sword called Curtana to be Earl Marshal of England and to lead the Kings Host to be Lord great Chamberlain of England which is claimed by the Earl of Oxford to carry the Sword called Lancaster before the King at his Coronation due to the Earl of Derby as Kings of the Isle of Man to be grand Faulconner or Master of the Hawks claimed by the Earl of Carnarvon and the Kings Champion at his Coronation claimed

under them and if any evil happened unto them either endured it with them or willingly ventured their lives with them others attribute it to the Saxons ubi jus antiquissimum feudorum semper viguit et adhuc saith the learned Craig religiose observatur where the feudal Laws were and are yet most religiou●ly observed and Cliens and Vasallus in matters of F●wds and Tenures are not seldome in the Civil Law and very good Authors become to be as Synonimes and used one for the other And the later Grecians since the Raign of Constantine Porphyrogenneta in the East and the Roman Emperors in the West before since the Raign of Charlemain or Charles the great were not without those necessary defences of themselves and their people And such a general benefit and ready and certain way of ayd and help upon all emergencies in the like usage of other Nations making it to be as a Law of Nations There hath been in all or most Kingdoms and Monarchies of the World as well Heathen as Christian a dependency of the Subject upon the Prince or Soveraign and some duties to be performed by reason of their Lands and Estates which they held under their Protection and in many of them as amongst the Germans Saxons Franks and Longobards and several other Nations descending from them Tenures in capite and Knight service were esteemed as a foundation and subsistency of the right and power of Soveraignty and Government and being at the first precariae ex domini solius arbitrio upon courtesie at the will only of the Prince or Lord were afterwards Annales from year to year after that feuda ceperunt esse vitalia their Estates or Fees became to be for life and after for Inheritance So as by the Law of England we have n●t properly Allodium saith Coke that is any Subjects Land which is not holden of some Superior and that Tenures in capite appear not to be of any new institution in the book of Doomsday or in Edward the Confessors dayes an 1060. in King Athelstans an 903. in King Canutus his Raign in King Ke●ulphus his Raign an 821. or in King Ina's Raign an 720. In Imitation whereof and the Norman no slavish Laws and usages which as to Tenures by the opinion of William Roville of Alenzon in his Preface to the grand Customier of Normandy were first brought into Normandy out of England by our Edward the Confessor the Customs Policies of other People and Kingdoms prudent Antiquity having in that manner so well provided by reservation of Tenures for the defence of the Realm William the Conquerour sound no better means to continue and support the Frame and Government of this Kingdom then upon many of his gifts and grants of Land the most part of England being then by conquest in his Demeasne to reserve the Tenures and Service of those and their Heirs to whom he gave it in Capite and by Knight Service and if Thomas Sprot and other antient Authors and Traditions mistake not in the number of them for that there were very many is agreed by the Red Book in the Exchequer and divers Authentiques created 60215 Knights Fees which with their Homage incidents and obligations to serve in Wars with the addition of those many other Tenures by Knights service which the Nobility great men and others besides those great quantities of Lands and Tenements which they and many as well as the King and others our succeeding Princes gave Colonis Hominibus inferioris notae to the ordinary and inferior sort of people to hold in Socage Burgage and Petit Serjeantie reserved upon their guifts and grants to their Friends Followers and Tenants who where to attend also their mesne Lords in the service of their Prince could not be otherwise then a safety and constant kind of defence for ever after to this Kingdom And by the Learned Sir Henry Spelman said to be due non solum jure positivo sed gentium quodammodo naturae not only by positive Law but the Law of Nations and in some sorts by the Law of Nature Especially when it was not to arise from any compulsary or incertain way or involuntary contribution or out of any personal or moveable estate but to fix and go along with the Land as an easy and beneficial tye and perpetuity upon it and is so incorporate and inherent with it as it hath upon the matter a co-existence or being with it and Glanvil and Bracton are of opinion that the King must have Arms as well as Laws to Govern by and not depend ex aliorum Arbitrio it being a Rule of Law that quando Lex aliquid concedit id concedit sine quo res ipsa esse non potest when the Law granteth any thing it granteth that also which is necessary and requisite to it And therefore the old oath of Fealty which by Edward the Confessors Laws was to be administred in the Folcmotes or assemblyes of the People once in every year Fide et Sacramento non fracto ad defendendum regnum contra Alienigenas et Inimicos cum Domino suo Rege et terras et honores illius omni fidelitate cum eo servare et quod illi ut Domino suo Regi intra et extra regnum Britanniae fideles esse volunt by faith and oath inviolable to defend the Kingdome against all strangers and the Kings Enemies and the Lands and dignity of the King to preserve and be faithful to him as to their Lord as well within as without the Kingdom of Britain which was not then also held to be enough unlesse also there were a tye and obligation upon the Land and therefore enacted that debeant universi liberi homines secundum feodum suum secundum tenementa sua arma habere illa semper prompta conservare ad tuitionem Regni servicium Dominorum su●rum juxta preceptum Domini Regis explendum peragendum every free man according to the proportion of his Fee and Lands should have his Arms in readinesse for the defence of the Kingdom and Service of their Lords as the King should command And it was by William the Conqueror ordained quod omnes liberi homines fide et Sacramento affirment quod intra extra universum Regnum Willielmo Regi Domino suo fideles esse volunt terras honores suos omni fidelitate ubique servare cum eo contra Inimicos Alieniginas defendere that all Free-men should take an Oath that as well within as without the Realm of England they should be faithful to their King and Lord and defend every where him and his Lands Dignity and Estate with all faithfulnesse against his Enemies and Foreiners Et Statuit firmiter precepit ut omnes Comites Barones Milites Servientes Teneant se semper in Armis in Equis ut decet oportet quod

of Gold over him with four Staves and four Bells at the four corners every Staff having four of those Barons to bear it Also to Dine and sit at the Table next to the King on his right hand in the Hall the day of his Coronation And for their Fees to have the said Canopy of Gold with the Bells and Staves Or that at the Coronation of Eli●nor Wife to King Henry the third Marchiones de Marchia Walliae videlicet Joannes filius Alani Radulphus de m●r●uo mari Joannes de Monmouth et Walterus de Clifford nomine Marchiae jus Marchiae esse dicebant hastas argenteas inveniendi et las deferendi ad sustentandum pannum Sericum quadratum purpureum in Coronatione Regum et Reginarum Angliae The Lords Marchers of Wales videl Iohn Fitz Alan Rafe de Mortimer Iohn de Monmouth and Walter de Clifford in behalf of the Marches did claim and alleage it to be their right to provide silver Spears or Launces and with them to bear or carry a four square Canopy of Purple Silk over the Kings and Queens of England at their Coronation For those Tenures in grand serjeanty were ever as in all reason they deserved to be accompted to be so honourable as some have made it their Sir-name as the noble Earls of Ormond in Ireland descended from an antient and worthy English Family have done who carry in their Coat of Armes or part of their now marks of honour or bearing the Symbols or remembrance of the Office of cheif Butler in Ireland which with the prisage which is a part of it hath by King E. the 3 d. been granted to the Ancestors of the now Marquesse Earl of Ormond by Inheritance and a Knightly and good Family of the Chamberlaines in England do account it no dishonour to have been descended from th● Earls of Tankervile who were Chamberlains to our King H. 1. in Normandy And some branches of the noble Family of the Grey's of Wilton being antient Barons of England holding the Mannor of Waddon in Buckinghamshire of the King per servitium custodiendi unum Gerfalconem Domini Regis by the service of keeping a Gerfalcon of the Kings do use or bear as a badge or marque of honour in their Armes a Gerfaulcon the Mannor of Wymondley in the County of Hertford being holden of the King by Grand serjeanty of giving to the King the first Cup of Wine or Beer upon the day of his Coronation The Family of Argentons being by the marriage of a Daughter and Heir of the Lord Fitz Tece become at the Conquest the possessors of it have thought it honourable saith Camden to bear in their Shields in memory thereof three Cups argent in a feild Gules No oppression to the people of England to be kept safe in their peace and plenty from the Incursions of Foreign Enemies when William the Conquerour fortified Dover a strong and principal Bulwark betwixt England and France with whom we had then continual Wars or Jealousies and gave to Iohn Fines then a Noble Man of great prowesse and fidelity the Custody of that and the rest of the Cinque-Ports with 56 Knights Fees willing him as that Learned Antiquary Mr. Lambard tells us to communicate some parts of that gift to such other valiant and trusty persons as he should best like of for the more sure conservation of that most noble and precious Fort and Castle Who thereupon imparting liberally out of those Lands to eight worthy Knights viz. William of Albrance Fulbert of Dover William Arsick Geffery Peverel William Mainemouth Robert Porthe Robert Crevequer and Adam Fitz-Williams bound them and their Heirs by Tenure of their Lands received of the King to maintain 112 Souldiers amongst them which were so devided by Months of the years as five and twenty of them were continually to watch and ward within the Castle for their several parts of time and all the rest ready upon necessity each of which eight Knights had their several Charges in several Towers and Bulwarks and were contented as well they might at their own dispence to maintain and repair the same Of whom diverse of the Towers and Bulwarks do yet or did but in Queen Elizabeths reign bear their names No inconvenience or mischief to the publique that the Castle and Barony of Abergavenny in Monmouthshire was holden by John Hastings per Hom●g●●m Wardam Maritagium cum accide●it s● guerra fuerit inter Regem Angliae Principem Walliae deberet custodire patriam de Over went sumptibus proprijs meliori modo quo poterit pro commodo suo utilitate Regis defensione Regni Angliae by Homage Ward and Marriage when it should happen and if War should be between the King of England and the Prince of Wales was to guard at his own charges the Country called Over went the best way that he could for his profit and benefit of the King and defence of the Kingdom of England No cause of complaint to the Town or antiently called City of Leicester for that veteri Instituto by antient Custom they were to furnish the King with twelve Burgesses or Townsmen when he went to War and i● per Mare in Hostes ibat mittebant quatuor Equos usque Londinum ad arma comportanda vel alia quae opus essent he went by Sea were to send four Horses as far as London to carry his Arms or other necessaries Nor to the Town of Warwick to be enjoyned by Tenure to send twelve of their Burgesses or Towns-men with their King to War and qui monitus non ibat centum solidos Regi emendabat he which was summoned and did not go was to forfeit pay one hundred shillings to the King And cum contra Hostes per Mare ibat Rex quatuor Botesuenas vel quatuor libras denariorum mittebant when the King should bo by Sea against his Enemies should furnish four Boat-Swains or Marriners or send four pounds in money No harm done to give Lands at Seaton which Sr. Richard Rockslye Knight did hold by Serjeanty to be vantrarius Regis the Kings fore-footman when he went into Gascoigne donec per usus fuit parisolutarum precij 4d untill he had worn out a pair of Shoes of four pence then the price of a pair of Shooes for a worthy man not 4 s. 6. or 5 s. as they are now Or Lands to another to furnish duos A●migeros two Esquires to march in his Vant-Guard upon occasion of War with the Welch Or that the Princes of Wales ab antiquis temporibus very antiently did hold that Principality and part of Brittain of the Kings of England in Capite by Military or Knight Service and that upon that ground only as he was a leige man and subject of England Leoline Prince of Wales was for raising of War against his Superior Lord imprisoned and hanged or beheaded by King E. 1. and the Principality of Wales

worthily reckoned to be honoris species exercitium nobile proprium nobilium a degree or part of honor a noble exercise and proper breeding for Nobility hinc militum nomen in Jure feudali pro nobili usurpatur and thence a Knight was in the feudal Laws taken and used for a Nobleman and though Hector Boethius calleth equites Barons speaking of those that paid for Wardship and releifs to Malcolme the King of Scots yet Sir Henry Spelman is cleerly of opinion that Miles quem ea tempestate Baronem vocabant non a militari cingulo quo equites creabantur sed a militari feudo quo al●●s possessor libere tenens nuncupatus est nomen sumpsit that a Knight which in those ●imes they called a Baron was not so called from the Military Belt or Girdle by which they were created but took his title or denomination from the Knights Fee of which he was otherwise ca●led Possessor or free Tenant had jus Annulorum amongst the Romans a right to wear Rings and was gradus ad Senatorium a step or means to be a Senator For Nobilium Ordo pro seminario munerum praecipuorum habetur quia liberaliter educati sapientiores esse censentur saith Besoldus the degree of Nobilitie hath been accompted to be the foundation or original of the greatest Offices or places for that being liberally and more then ordinaryly educated they were judged to be the wisest and therefore Comites or Earls being antiently in the reign of the Emperour Charlemain which was in anno Christi 806. if not long before praefecti Provinciarum qui Provincias Administrabant the Governours of Countries and Provinces under their Emperours and Kings were with Dukes also and Barons not only in France in those times but in Germany also afterwards inserted or put into the Matricula or Roll of the States of the Empire in Comitijs jus suffragij habuerunt and had voice or judicature in their Dyets or greatest Assemblies which corresponds with that more antient Custom amongst the Hebrewes in Gods once peculiar Commonwealth where the Princes of the twelve Tribes summo Magistratui in consilijs assidebant did assist the chief Magistrate in their great Counsels and Arumaeus as well as many other is of opinion that it was libertatis pars a great part of the peoples Liberties fo● their good that deliberatio o●dinum consili● authoritate quorum periculo res agitur suscipitur qui apud Principem in m●gna g●●cia su●● in those great Counsels Resolves should be made by those who should be in●●ressed or pertakers in any dangers or misfortunes which should happen thereupon jure Comitiorum una perpetua privativa est mediata subjectio qua qui infectus est nec Comitiorum particeps esse potest That it is a Rule or Law in such Assemblies that those that sit there or have voice and suffrage in it are to hold immediately of the Empire and the Reasons of the first Institution of the Parliament of France composed of the Nobility by the antient Kings of France and King Pepin was as Pasquier that learned Advocate of France observeth in partem solicitudinis to assist their Kings for the better management of the Affairs of Government who did thereby communicate les Affaires publiques a leurs premiers et grandes seigneurs come si avec la monarchie ils eussent voulu entre mesler l'ordre d'vne Aristocratie et Governement de plusi●urs personnages d'honne●r the publique affairs to their chief and greatest Lords to the end to intermingle and blend with Monarchy the order and manner of an Aristocratie and Government by many personages of Honour et ne se mettre en hain des grand●s Seigneurs Potentats and not to draw upon them the envy of their great and mighty men Et ●estans les grands Seigneurs ●insi lo●s unis se composa un corps general de toutes les Princes et Governeurs par l' advis desquels se viudereient non seulement les differents qui se presenteroient entre le Roy et eux mais entre le Roy et ses Subjects And the great Lords being so united composed and made one general body of all the princes and Governours of Provinces by whose advice and council not only the differences which should happen betwixt the King and them but between the King and his Subjects might be determined Et estoit l' usance de nos anciens Roys telle qu' es lieux ou la necessite les sumomioit se uvidojent ordinairement les affaires par assemblees generales des Barons and it was the usage of the antient French Kings in all cases of necessity most commonly to consult of their affairs in the general Assemblies of their Barons and accordingly by the directions of reason or of that and the more antient Governments amongst the Greekes in their great Council of Amphiction or of the Romans in their Senate our Saxon Kings did in Anno 712. which was almost one hundred years before the raign of the Emperour Charlem●in call to their Assemblies and great Councels for the enacting of Laws and redressing of Griveances their regni Scientissimos et Aldermannos Aldermen Earls or Governours of Provinces the wisest most knowing of the Kingdome there●ore after the Conquest King John did at the request of the Barons not to call to his Parliaments the Barones minores the men of lesser estates which ho●d also in Capite promise under his great Seal Ut Archiepiscopos Abbares Comites et majores Barones Angliae sigillatem per literas summoniri faceret that he would severally summon to Parliaments the Arch-Bishops Abbotts Earls and greater Barons of England and that the lesser Barons were summoned or sat in Parliament falsum esse ipsa ratio suadet saith the no less Judicious than Learned Sr. Henry Spelman reason it self will not allow for a Truth when as there was as he observeth ingens multitudo a great number et plus minus 30000 quos nullo tecto convocari poterat and no less then 30000 which no one house was able to contain Quemadmodum itaque saith he nequ● Barones ipsi consiliavè majores neque minores quempiam in Curiis suis ad Judicia ferenda de rebus sui Dominij admittant nisi Vassallos suos qui de ipsis immediate tenent hoc est milites suos et tenentes libere ita in summa Curia totius Regni nulli olim ad Judicia et Consilia administranda personaliter accersendi erant· nisi qui proximi essent a Rege ipsique arctioris fidei homagii vinculo conjuncti hoc est immediate vassalli sui As therefore neither the greater nor lesser Barons do admit any in their Courts to advise them or meddle with matters of Judicature concerning things belonging to their Estate or Jurisdiction but their Tenants and such as hold immediately of