Selected quad for the lemma: state_n
Text snippets containing the quad
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Corrected Date of Publication (TCP Date of Publication) |
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A31570
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AngliƦ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1
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Chamberlayne, Edward, 1616-1703.
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1669
(1669)
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Wing C1819; ESTC R212862
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111,057
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538
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another it is to protect and govern his People so that they may if possible lead quiet and peaceable lives in all Godliness and Honesty under him Or more particular as is promised at the Coronation to preserve the Rights and Priviledges of the Church and Clergy the Royal Prerogatives belonging to the Crown the Laws and Customs of the Realm to do Justice shew Mercy and keep Peace and Vnity c. The King for the better performance of this great and weighty Office hath certain Jura Majestatis extraordinary Powers Preeminencies and Priviledges inherent in the Crown called antiently by Lawyers Sacra Sacrorum and Flowers of the Crown but commonly Royal Prerogatives whereof some the King holds by the Law of Nations others by Common Law excellent above all Laws in upholding a free Monarchy and exalting the Kings Prerogative and some by Statute Law The King only and the King alone by his Royal Prerogative hath Power without Act of Parliament to declare War make Peace send and receive Ambassadours make Leagues and Treaties with any Foreign States give Commissions for levying Men and Arms by Sea and Land or for pressing Men if need require dispose of all Magazines Ammunition Castles Fortresses Ports Havens Ships of War and Publick Moneys hath the sole Power to coyn Money appoint the Mettal Weight Purity and Value thereof and by his Proclamation make any Foreign Coyn to be lawful Money of England By his Royal Prerogative may of his meer Will and Pleasure Convoke Adjourn Prorogue Remove and Dissolve Parliaments may to any Bill passed by both Houses of Parliament refuse to give without rendring any reason his Royal Assent without which a Bill is as a Body without a Soul May at pleasure encrease the number of the Members of both Houses by creating more Barons and bestowing Priviledges upon any other Towns to send Burgesses to Parliament May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit and may refuse to send his Writ to others that have sate in former Parliaments Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea the choice and nomination of all Magistrates Counsellors and Officers of State of all Bishops and other High Dignities in the Church the bestowing of all âonours both of higher and of ââwer Nobility of England âhe Power of determining Reâards and Punishments By His Letters Patents may âect new Counties Bishopricks âniversities Cities Burroughs ââlledges Hospitals Schools âairs Markets Courts of Juââice Forests Chases Free âarrens c. The King by his Prerogative ââth power to enfranchise an âlien and make him a Denison âhereby he is enabled to purââase Leases of Houses and âands and to bear some Offiâes Hath power to grant Letârs of Mart or Reprisal The King by his Prerogaâive hath had at all times the âight of Purveyance or Preemption of all sorts of Victuaâ neer the Court and to talâ Horses Carts Boats Ships for his Carriages at reasonabââ rates also by Proclamation ãâã set reasonable rates and pricâ upon Flesh Fish Fowl Oaâ Hay c. which his Majesââ now raigning was pleased to exchange and in liew thereof ãâã accept of some other recompence Debts due to the King are the first place to be satisfied ãâã case of Executorship and Admiânistratorship and until thâ Kings Debt be satisfied he maââ Protect the Debtor from the arrest of other Creditors May distrain for the whoâ rent upon one Tenant that holdâeth not the whole land maâ require the Ancestors Debt ãâã âhe Heir though not especiâly bound is not obliged to ââmand his rent as others are ââay sue in what Court he ââease and distrain where he ãâã No Proclamation can be âade but by the King No Protection for a Defenâant to be kept off from a Suit ât by him and that because ãâã is actually in his Service He only can give Patents in âse of losses by Fire to reâive the Charitable Benevolenâs of the People without âhich no man may ask it pubââkly No Forest Chase or Park ãâã be made nor Castle to be âuilt without the Kings Auââority The sale of his Goods in a open Market will not take awaâ his property therein His Servants in ordinary aâ priviledged from serving in an Offices that require their attendance as Sheriff Constable Churchwarden c. All Receivers of Money for the King or Accomptaââ to him for any of his Revenueâ their Persons Lands Goods Heirs Executors Administrators are chargeable for thâ same at all times for Nulluâ tempus occurrit Regi His Debtor hath a kind ãâã Prerogative remedy by a Qâminus in the Exchequer against all other Debtors or any against whom they have anâ Cause of Personal Action supposing that he is therebâ âisabled to pay the King and ãâã this Suit the Kings Debtor âeing Plaintiff hath some Priâiledges above others In Doubtful Cases Semper ââaesumitur pro Rege No Statute restraineth the King except he be especially âamed therein The quality of his Person alters the Descent of Gavelkind the Rules of Joynt Tenaney no Estopel can bind him nor Judgment final in a Writ of Right Judgments entred against the Kings Title are entred with a Salvo Jure Domini Regis that if at any time the Kings Council at Law can make out his Title better that Judgement shall not prejudice him which is not permitted to the Subject The King by his Prerogativâ may demand reasonable Aid Money of his Subjects to Knighâ his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of ãâã years which reasonable Aid is Twenty Shillings for every Knights Fee and as much for every Twenty Pound a year in Socage Moreover if the King be taken Prisoner Aid Money is to be paid by the Subjects to set him at liberty The King upon reasonable causes him thereunto moving may protect any man against Suits at Law c. In all Cases where the King is party his Officers with an arrest by force of a Process at Law may enter and if entrance be denied may break open the âouse of any man although âery mans House is said to be ãâã Castle and hath a priviââdge to protect him against all âher Arrests A Benefice or Spiritual Liâng is not full against the King ãâã Institution only without Inââction although it be so against Subject None but the King can hold ââea of false judgments in the âourt of his Tenants The King of England by his ârerogative is Summus Regni âustos and hath the Custody âf the Persons and Estates of âuch as for want of understanding âannot govern themselves ãâã or âerve the King so the Persons ând Estates of Ideots and Luâaticks are in the Custody of âhe King that of Ideots to his own use and that of Luânaticks to the use of the nexâ Heir So the Custody or Wardââships of all such Infants whoâ Ancestors held their Lands bâ Tenure in Capite or Knight service were