Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	king_n	law_n	5,822	5	4.7877	4	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33630	The compleate copy-holder wherein is contained a learned discourse of the antiquity and nature of manors and copy-holds, vvith all things thereto incident, as surrenders, presentments, admittances, forfeitures, customes, &c. necessary both for the lord and tenant : together, with the forme of keeping a copy-hold court, and court baron / by Sir Edward Coke, Knight.; Complete copy-holder	Coke, Edward, Sir, 1552-1634.	1641 (1641)	Wing C4912; ESTC R1843	72,284	184

that by the generall Custome of every Manor are imployed as necessary Instruments in Customary admittances and will cursarily examine the extents of their authorities and the qualitie of their offices The persons I ayme at are these 1. The Lord. 2. The Steward 3. The Vnder-Steward SEC XLIV THe Lords Authority consisteth chiefely in these foure things 1. In punishing offences and misdemeanors committed within his precincts as not performance of Customes breach of By-lawes not discharging of duâ—ies and such like 2. In deciding controversies arising about the Title of Copyhold-Land lying within his bounds and when he sitteth as Judge in Court to end debates of this nature he is not tied to the strict forme of the Common Law for he is a Chancellor in his Court and may redresse matters in Conscience upon Bill exhibited where the Common Law will afford no remedy in the same kinde as to insist in one familiar example If I surrender a Copyhold to the use of a stranger upon confidence that such debts being by me discharged he shall surrender backe this Copyhold I upon discharge of the debts demand a surrender and he refuseth at the Common Law I were left remedilesse this being a bare confidence and no Condition but upon Bill exhibited in the Lords Court I shall be relieved for the Lord upon proofe of the matter may seize the Copyhold and readmit me according to the effect of the Confidence 3 In admitting Copyhold And in this Customary power of admittance the Lord doth somewhat outstrippe the Steward for the Lord may make either admittances upon voluntary Grants Co. 4 fo 27. admittances upon surrrenders admittances upon discents in any place where he pleaseth out of the Manor but so cannot the Steward and in giving Licence to Copyholders to aliene by deede and in this point of Licence the Lords authority doth exceede the Stewards authoritie for though some are of opinion that it is both usuall and warrantable for the Steward of a Manor in absence of his Lord to Licence a Copyholder in full Court to aliene by Deede for as many yeares as he shall thinke good because he is Judge in the Court and besides the entry of it in the Court Roll is in this manner Ad hanc curiam P.S. petit Licentiam Domini dimittendi c. Cui Dominus licentiam dat c. and therefore this Licence being granted in the Lords name in full Court the Lord shall never enter for a forfeiture but shall ever be estopped to say the contrary but that he did give licence yet under reformation be it spoken I must mistrust the truth of this opinion for this power of Licensing Copiholds to alien by Deede is not Customary for then it were as proper to the Steward as to the Lord but it is a power of interest annexed to the person of the Lord in respect of his estate in the Manor and not in any other Collaterall respect and therefore if the Steward having a bare authority to execute what the Custome of the Manor doth warrant sans doubt hee cannot virtute officii grant any unwarrantable Licence to aliene by deede no more than to commit waste for the one act as well as the other tendeth to the breach of Custome and both of them without a sufficient allowance amounts to the forfeiture of a Copyhold but by expresse words in the Stewards Patent or by speciall authority given him by the Lord or by some particular Custome warranting the same the Steward may in Court lawfully Licence Copyholders to aliene as well as the Lord may And thus much of the Lord. SEC XLV STeward is derived from those two words Stede and Ward and so any that doth supply anothers place or that is in any imployment deputy to another may according to the true sense of the word be termed a Steward as the high Steward of England because the King appointeth him in divers matters to exercise his place and so the under Sheriffe may be termed by the name of the Sheriffes Steward being his Deputy and how properly the Lords Steward is so named any man may judge by this that the whole authority of the Steward is derived from the Lord as from the Head and not only so but withall he representeth the Lords persoÌ„ in many imployments for in the Lords absence he sitteth as judge in Court to punish offences determine controversies redresse injuries and the like and further some things he performeth in the Lords name and not in his owne name for if the Steward admitteth any Copyholder or by speciall Authority or particular Custome licenceth a Copyholder to aliene this admittance and licence shall be made in the Lords name and the entry in the Court Roll shall be Quod Dominus per SenescalluÌ„ admisit licentiavâ—t and not that the Steward did admit or licence therefore fithence the Steward hath this measure of authoritie and confidence committed unto him the Lord shall doe very well to be very carefull in making choise of his Steward for if he be defective in any one of these three qualities Knowledge Trust or Diligence the Lord may be much prejudiced and damnified therefore Fleta wisely giveth the Lord this counsell Fleta l. 2. c. 6. Provideat sibi Dominus de Senescallo circumspecto fideli pacifico modesto qui in legibus consuetudinibusque provinciae Domini sui in omnibus tueri affectet quisque Ballivos Domini in suiâ— erroribus ambiguis sciat instruere docere quique egenis parcere nec prece vel pretio velit Ã tramite justitiae deviare pervense judicare These Stewards for the most part have Patents for their Offices yet they may be retained by paroll this reteiner by paroll is as effectuall in all points before discharge as the most effectuall institution by Patent for a Steward thus retained may take surrender out of Court or make voluntary admittances or any other Act incident to the office of a Steward Co. 4. fo 30. b. as well as a Steward instituted by Patent But in the Kings Manors a Steward cannot be retained by paroll by the mouth of the Auditor or Receiver but to make the Stewards authoritie currant Co. 4. fo 30. a. especially to make voluntary admittances it is necessary he have a Patent and then by vertue of his Patent without any speciall Authority or particular Custome he may justifie the making of any voluntary admittance upon Escheates or forfeitures or the doing of any Act belonging to his Office but though hee may Ex officio doe those things without speciall warrant yet dutie bindes him before he make any voluntary admittance to informe the Lord Treasurer of England the Chancellor and Barons of the Exchequer or any of them for his better direction and the Kings better benefit the Law is not very curious in examining the imperfections of the Stewards person nor the unlawfulnesse of his authoritie for be he an

Manor decayeth and dyeth for t is not the two materiall causes of a Manor but the efficient cause knitting and uniting together those two materialll causes that maketh a Manor Hence it is that the King himselfe cannot create a perfect Manor at this day for such things as receive their perfection by the continuance of time come not within the compasse of a Kings Prerogative and therefore the King cannot grant Freehold to hold by Copie neither can the King create any new custome nor doe any thing that amounteth to the creation of a new custome and therefore a composition made betweene the King and his Tenant where he hath Herriot custome to pay 10. li. in Levie thereof every time it falleth is no binding composition for this amounteth to the creation of a new custome Et haec omnia similia sunt temporum non regum seu principum opera which fully verifieth the old saying Plus valet vulgaris consuetudo quam regalis concessio this is the sole cause why the King cannot create a perfect Manor at this day and this is the chiefe cause why a common person cannot create a perfect Manor but not the sole cause for there is this cause farther a perfect Manor cannot subsist without a perfect tenure betweene very Lord and very Tenant but a Common person cannot create a perfect tenure and consequently cannot create a perfect Manor before the Stat. of Quia emptores terrarum if any Tenant seized of Land in Fee simple had infeoffed a stranger he might have reserved what services hee thought fit or had he reserved no services yet the Law would have imployed a perfect tenure betweene the Feoffor and the Feoffee for the Feoffee was to hold off the Feoffor by the same services that the Feoffor held over on his Lord Paramount but since this Statute If a Tenant seised of Land in Fee infeoffeth a stranger neither by the expresse reservation of the Feoffor nor by the implyed reservation of the Law can there bee a perfect tenure created at this day betweene the Feoffor and the Feoffee for the Feoffee shall hold immediately of the Lord Paramount not of the Feoffor and further as the King can doe nothing which amounteth to the creation of a new custome so a common person can doe nothing which amounteth to the creation of a new tenure and therefore if there be Lord and Tenant by 10. s. rent and the Lord will confirme the estate of a Tenant Tenend by a Hawke a paire of gilt spurres a Rose or similia this is a voyd confirmation otherwise had it beene if the Lord had confirmed the estate of the Tenant Tenendum per 5. s. that had beene a good confirmation because it tendeth onely to the abridgement of an old tenure and not to the creation of a new and as it is with a confirmation so it is with a composition upon the reason of this ground it is that if the Lord of a Manor purchase forraine land lying without the Precincts and bounds of the Manor he cannot annex this unto the Manor though the Tenants be willing to doe their Services for this amounteth to the creation of a new tenure which cannot be effected at this day And therefore if a man having two Manors and the Lord would willingly have the Tenants of both these Manors to doe their sute and service to one Court this is but lost labour in the Lord to practise any such union for notwithstanding this union they will be still two in Nature howsoever the Lord covet to make them one in Name and the one Manor hath no warrant to call the Tenants to the other Manor but every act done in the one to punish the offenders in the other is traversable yet if the Tenants will voluntary submit themselves to such an innovation and the same bee continued without contradiction time may make this union perfect and of two distinct Manors in nature make one in name and use and such Manors peradventure there are thus united by the consent of the Tenants and continuance of time but the Lords power of it selfe is not sufficient to make any such union causa qua supra But if one Manor holdeth of another by way of Escheate these two Manors may be united together fortior enim est disposâ—tio legis quam hominis But in this that I exclude common persons from being able to create a tenure I may seeme to impugne many authorities which hold at this day that a tenure may bee created by a common person for to cleare this colour of contradiction know that tenures are two fold First imperfect as where a man maketh a Lease for yeares or for life or a gift in tayle here is an imperfect tenure betweene the Lessoâ— and the Lessee the Donor and the Donee and this imperfect tenure I confesse may be created by a common person at this day Secondly perfect betweene very Lord and very tenant in Fee and such a tenure a common person could never create since the Stat. of Quia Emptores terrarum and consequently a common person cannot create a perfect Manor sithence for without a perfect tenure a perfect Manor cannot subsist Thus much touching the definition of a Manor thus much I say touching the two materiall causes together with the efficient cause A word of another cause of a Manor which appeareth not in the definiâ—ion so manifestly as the other causes doe this is a cause which among the Logicians is termed Causa sine qua non and that is a Court Baron for indeede that is the chiefe prop and Pillar of a Manor which no sooner faileth but the Manor falleth to ground if wee labour to search out the antiquity of these Court Barons we shall finde them as ancient as Manors themselves For when the ancient Kings of this Realme who had all the lands of England in Demesne did conferre great quantities of land upon some great personages Vide Lamb in his explication of Saxon words verbo Thanus Bacon in his elements of the Law fol. 41. 42. 43. with liberty to parcell the land out to other inferiour Tenants reserving such duties and Services as they thought convenient and to keepe Courts where they might redresse misdemeanors within their Precincts punish offences committed by their Tenants and deside and debate controversies arising within their jurisdiction and their Courts were termed Court Barons because in ancient time such personages were called Barons and came to the Parliament and sate in the upper house but when time had wrought such an alteration that Manors fell into the hands of meane men and such as were farre unworthy of so high a calling then it grew to a custome that none but such as the King would should come to the Parliament such as the King for their extraordinary wisedome or qualitie thought good to call by writ which writ ran hac vice tanâ—um yet though Lords of Manors lost their names of Barons and

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