Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	duke_n	earl_n	lord_n	24,417	5	4.9161	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68633	An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set foorth and augmented, both in french and English, for the helpe of such younge students as are desirous to attaine the knowledge of ye same. Whereunto are also added the olde Tenures; Expositiones terminorum legum Anglorum. English and Law French	Rastell, John, d. 1536.; Rastell, William, 1508?-1565.	1579 (1579)	STC 20706.5; ESTC S115758	196,680	894

y ● hundreth or in the court of his lord where essoine lyeth and that aswell in case of common sute as of plea. Moreouer they clayme by an especiall déede of kinge Henry the father of kinge Edwarde that of the tenements which are holden in Gauelkinde there shal no battayle bée ioyned nor graund assise taken by xii knightes as it is vsed in other places of y e Realme y t is to wit where the tenaunt demaundant hold by Gauelkind But in place of these graund assises let Juries be taken by xii men being tenaunts in Gauelkind so y ● four tenāts of Gauelkind choose xii tenaunts of Gauelkynd to be Jurors And y t Charter of the king of this especialty is in the custody of Sir John of Norwood the day of S. Elphey in Caunterbury the yeare of king Edward y e sonne of king Henry the xxi These be the vsages of Gauelkind and of Gauelkindmen in Kent which were béefore the conquest and the Cōquest and euer since till nowe The end of the customes Hauinge thus ended y e custōes as you sée Brother Nicholas there remayneth nowe to bée shewed what lands w tin this Countrey of Kent be of the nature of Gauelkind and what not First therefore it is to be vnderstanded y t all y ● lands w tin this Shire which be of aunciēt Socage tenure as was said at the béegynnynge be also of the nature of Gauelkind And y ● lands holden by auncient tenure of knightes seruice be at the cōmon lawe are not departible after the order of this custome except certen which béeing holden of old tyme by knyghtes seruice of the Archbishop of Caūterbury are neuer the lesse departible as it may appere by y e booke 26. H. 8. 4. And that grewe by reason of a graunt made by kynge John to Hubert the Archbishoppe there the tenor of which is as followeth John by the grace of God Kyng of Englande ▪ Lorde of Ireland Duke of Normādye of Aquitane and Earle of Angieu To all Archbyshoppes Bishops Abbots Earles Barons Justices Shirifes Gouernours and officers and al Bailifes and his faithful subiects gréeting Knowe yée y t wée haue graunted and by this our presēt Charter haue confirmed to our reuerend and déerely beloued father Hubert Archbishoppe of Caunterbury and hys successors for euer that it shall bée lawfull for them to conuert those lāds which menne of the fée of the Church of Caunterbury do hold in Gauelkind in to knightes fee. And y t y e same Bishops their successours haue the like power and libertie for euer ouer those men and their heires that shal hold those lāds so ●●uerted into knights sée which the Archbishop hath his successors after him shall haue ouer other knights of y e sée of the Church of Caunterbury their heires And that those men and their heires haue the same al such libertie for euer which other knightes of the sée of the Church of Caunterbury and their heires haue Prouided alwayes y t neuerthelesse their accustomed rent of pence be holy payed out of their landes as before time their giftes auerages and other seruices which issued out of the same landes be conuerted into a rēt of pence of like value And y ● y ● same rent be paied as y ● other rēt of pence is Wherefore we wil straightly cōmaund y ● whatsoeuer the aforenamed Archbishop and his successours after him shall doe concerninge those landes which are to bée conuerted into knightes fée accordinge to the forme manner aboue written abide ratified and cōfirmed for euer Forbiddinge any person to presume against the déed of the Archbishoppe or hys successors in this behalf Witnesse E. Bishop of Ely S. of Bathe G. y ● sonne of Peter Earle of Essex Williā Marshall Earle of Pēbrooke Ro. of Harecourt Garine y ● sōne of Gerald Peter of Stoke Ric. of Reuers Rob. of Tateshal yeuen by y ● hād of S. Archdeacon vnto Williā at Rupem auriual y ● 4. day of May the third yeare of our raigne But for asmuch as it is disputable whether this Charter of Kynge John be of sufficiēt vertue to change y e nature of Gauelkynde land or no and for that the certeintie of the landes so conuerted into knightes fée doth not any where appere saue onely that in the booke of Aide leuied in this shire Anno 20. E. 3. it is foure or fiue tymes noted that certeine lands in Kent bee holden in knightes seruice by the newe licence graunted to the Archbishoppe this shall suffise for that and it shall followe to be proued that al the landes of auncient tenure in knightes seruice be subiect to the ordinary course of discent at the common lawe And that may sufficiently be done both by the expresse wordes of a note in 9. H. 3. abridged by master Brooke ti Customes 57. and in master Fitzherb ti Prescription 63. And by the opinion of the Justices 26. H. 8. 4. as also by pleyne recital in the act of parliament made 31. H. 8. ca. 3. by which statute the possessiōs of certen gentelmen there were deliuered from this customary discent and incorporated to the common lawe for amongest other thinges in that act it is saied That from thence forth such their landes shal be chaunged from the saied custome and shal discend as lands at the commō lawe as other lands being in the said coūty of kent which neuer were holdē by seruice of Socage but alwaies haue bene holden by knights seruice do discende By which words it is very euident that y ● makers of that estatute vnderstoode al lands holden by knights seruice to be of their proper nature discendable after y ● comō lawe that Socage tenure was the onely subiect in which thys our custome of Gauelkinde discent preuailed helde place But when mencion is here made of Socage knightes fée it must alwayes be vnderstanded a tenure longe since and of auncyent tyme contynued and not nowe newely or lately created for so it may fal out otherwise then is alreadye reported As for example if land aunciētlye holden by knightes seruice cōe to y ● Quéens hands whoe afterwarde giueth y e same out againe to a cōon persō to be holdē of her manor of East Grene within Socage this lande not with standinge the alteration of y ● tenure remaineth dis●●dable to y ● eldest sonne only as it was before as also in like sort if lands of auncient Socage seruite come to y e Crowne and be deliuered out agayne to be holden either of the Quéene in Capite or by knightes seruice of any manor it ought to discēd according to y ● custde not w tstanding y t y e tenure be altered if this be true in the graūt of y e Quéene her selfe then much lesse may the Archbishope by a newe creation of tenure make to his tenants any alteratiō of this olde custome maner For as the

haue the warde of y ● lande y ● is holden of him but if the tenaunt holde of the Quéene in chiefe then shée by her prerogatiue shal haue the warde of the bodie and of al the land y ● is holden of her and of euery other lorde VVarden WArden most properly is he that hath y e ward shippe or kéepinge of an heire and of land holden by knights seruice or of one of them to his owne vse duringe the nonage of the heire and within that time hath the bestowinge of the bodie of the heire in mariage at his pleasure w tout disperagment And of wardens there be ij sorts namely garden in right garden in déede Garden in right is hée that by reasō of his s●ry is seised of the wardship or keepinge of the lande and of the heire duringe the nonage of the heire Garden in déede is where the lorde after his seisin as aforesaid graūteth by déede or without déede the wardshippe of the lande or of the heire or of both to an other by force of which gran̄t the grauntée is in possess ●●● is y e grauntée called garden in déede And this garden in déede maye graunt the heire to an other also b●● that other is not preperlye called garden in déede for that is y ● graunt tée of the garden in right onely and here you may sée Brother Nicholas what misery followeth that tenure by knightes seruyce if the tenaunt die leauinge hys heire within age howe the poore childe may bée tossed and tumbled chopped and chaunged bought sold like a Jade in Smithfild y ● more is maried to whome it pleaseth his gardē wherof ensue many euels VV arning WArninge is when an action of detynue of charters is brought agaynst one and the defendaunt saith that the charters were delyuered to hym by the playntife and by an other vpon certaine conditiōs and prayeth y ● the other may be warned to plede with the pleintife whether the conditions bée perfourmed or noe and thereuppon a writte of Scire facias shal go foorth against him And that is called warninge Gauelate GAuelate is a specyall and auncient kynd of Cessauit vsed in Kent where the Custome of Gauelkind continueth whereby the tenant shal forfeit his lands and tenementes to the lord of whom they are holden if he withdrawe frō hys Lord hys due rents and seruyces after this maner as followeth If any tenant in Gauelkind withholde hys rent hys seruices of y ● tenement which he holdeth of his lord let the Lord séeke by the award of his court frō 3. wekes to 3. wéekes to find sōe distresse vppon the tenement vntill the sowerth court alwaies with witnesses And if within y ● time he can find noe distresse in that tenement whereby hee may haue i 〈…〉 of his tenaunt Thē ar y ● fowerth court let it be awarded y ● hée shall take that tenement into his hand in y ● name of a distresse as if it wer an oxe or a cowe and let him kéepe it a yere a day in his hand without manuring it w tin which terme if y ● tenant come and pay his arrerages and make reasonable amēdes for y ● w tholding Thē let hi haue enioy his tenemēt as his auncest ours and hée before helde it And if he do not come before the yeare and the daye past then let the Lorde goe to the next Countye Courte with the witnesses of his owne court pronounce there thys processe to haue further witnesse by the award of his court After y ● Countye court holden hée shall enter and manure in those lāds and tenements as in his owne And if the tenant come after ward and wil rehaue his tenements holde them as he did before let him make agreement with the lorde according as it is aunciently said Hath he not since any thing geuen nor hath hée not since any thing payd Thē let him pay v. poūd for his were before he be cōe t'or holder againe There be some copies y ● haue the first verse thus written Nisith yelde and nisith gelde And others thus Nighesith yelde and nighesith gelde But these differ not in signification other coppyes haue it after thys sort Nigondsith selde and nigondsith geld That is to say let him ix times pay ix times repaye Gauelkinde GAuelkinde is a custome annexed goinge with lands in Kent called Gauelkind lands holdē by aunciēt Socage tenure And is thought by the skilfull in Antiquities to be called Gauelkind of Gyue all kyn that is to say to all the kyndred in one lyne according as it is vsed among the Germans frō whom wée Englyshmen and chiefely of Kēt come Or els it is called Gauelkynd of gyue all kynd that is to say to all the male children for kind in dutch signifieth a male child and dyuers other like cōiectures are made by them of y e name Gauelkind which I omit of purpose for shortnesse sake because that here you looke Brother Nicholas as you desired me that I should speake som what largly concerninge other more needefull matters for your purpose which you are desirous to know as touching Gauelkind lands both because you were borne in kent also are most abiding there and therefore you think to be ignorant of y ● maners or customes of your natiue cōtrey were a foul shāe To satisfie your request in this I haue therefore set you here downe the auncient customes of Kent as they haue very truely carefully of late bin published with some cases vpon them gathered out of those bookes that make any mencyon hereof which will I thinke cōtēt your desire at ful And first you must knowe that these gauelkind customes are of good antiquytie brought in hither by y ● Saxons Intes Angles Germans from whom wée Englishmen discend as is aforesaied and were by them vsed and left here and so continued in force vntill Williā duke of Normandy conquered al Englād Kēt onely excepted which he had by composition and not by conquest And in this composition the valyant Kentishmen obtained a graunt of the continuation of their customes of Gauelkynde which euer sins thei haue vsed in the same countrey and thus they are as followeth The customes of Kent THese are the vsages and customes the which the cōmunalty of kent claimeth to haue in the tenementes of Gauelkynd and in the men of Gauelkynd allowed in Eire béefore John of Berwike and his companions the Justices in Eire in kent y ● 21. yere of king Ed. the sonne of king Henry That is to say y ● all y ● bodies of Kentishmē be frée as well as the other frée bodies of England This things hath byn since confessed to be true as it appereth in 30. E. I. in Fitzh titulo Uillenage placi● 46. where it is holden sufficient for a man to auoyde the obiection of bondage to say y t hys father was borne in Kent But whether it

looking for nothinge thereby c. By which wordes is excluded either the takinge of xl li. v. pounde yea or of one peny aboue the principal But rather let such thinke that that statute was made vpō like cause that moued Moyses to giue a byll of dyuorce to y ● Isralites as namely to auoyd a greater mischiefe for the hardnesse of their harts Vilawrie VTlawrie is whē an exigent goeth foorth against any man proclamation made at v. counties then at the v. county if the def appere not y e coroner shall giue iudgment that he shal be out of the protectyon of the Queene out of the eyde of the lawe and by such an vtlary in actions personals the party outlawed shall forfayt all his goodes and cattels to the burden or trouble of the goodes for hys ease sake and more spéedy trauaylinge without hu● crye flyeth away and leaueth the goodes or any part of them behynd him c. Then y ● Quéens officer or the Réeue or Bailife to the Lorde of the mannour wythin whose Jurisdictyon or circuit they were left that by prescriptyon or graūt from the Quéene hath the fraunchyse of wayfe may seyse the goods so wayued to their Lordes vse whoe may kéepe them as his owne proprr goods except that the owner come w t fresh suite after the felon and sue an appell or gyue in euidēce against hī at his arrainmēt vpō y ● indictment and be attainted thereof c. In which cases the first owner shall haue restitution of hys goodes so stollen wayued But although as hath bin said waife is properly of goodes stolne yet waife may ●ée also of goods y ● are not stolne as if a man be pursued with hue and crye as a felon and he flieth and leaueth his owne goods c. these shalbée taken as goodes wayued and forfait as if they had byn stolne VVaiue WAiue is a woman that is vtlawed shée is called wayue as left out or forsaken of the law not an vtlawe as a man is For wemen are not sworne in léetes to the Quéene nor to y ● lawe as men are who therefore are within the lawe whereas wemen are not and for y t cause they cannot besaid out of the lawe in so much as they neuer were w tin it But a man is called vtlawe because that hée was once sworne to the lawe and nowe for contempt hée is put out of the lawe and is called vtlaw as one should say without benefite of the lawe VVarwit WArwite or wardwite as some copies haue it that is to be quite of giuing of money for kéepinge of watches VVrecke WReke or varech as the Normans frō whō it cāe cal it is where a ship is perished on the sea and no man escapeth a lyue out of the same and the shippe or part of the shippe so perished or the goodes of the ship come to the lande of any Lorde the lorde shall haue that as a wrecke of the sea but if a man or a dogg or cat escape a liue so y t the party to whōe y ● goodes belonge come w tin a yere and a day and proue the goodes to bée his he shal haue them a gayne by prouision of the statute of Westminster the first cap. 4. made in king Ed. 1. daies who therin followed the decrée of Henry the first before whose dayes if a shippe had bene cast on shore torne wyth tempest and were not repayred by such as escaped on lyue wythin a certeyne tyme that then thys was taken for wrecke FINIS The olde Tenures Seruice de chiualer TO holde by knightes seruice is to holde by homage fealty and escuage and it draweth to it warde mariage reliefe and know thou that knights seruice is seruice of landes or tenementes to beare armes in warre in the defence of the Kealme and it o weth ward mariage by reasō that none is able nor of power nor may haue knowledge to beare armes before y t he be of y e age of 21. yeres And for so much that the Lorde shall not léese that that of ryght hée ought to haue and y t the power of the realme nothinge be made weke The lawe wil because of his tēder age y t y e Lord him shall haue in his ward till the full age of him that is to say xxi yeres Graund serieantie To hold by graund serieanty is as if a man hold certain lands or tenementes of the king to go w t him in hys hoste or to beare hys banner w t him in his warres or to leade hys hoste or such like and thereto belongeth warde mariage and reliefe as it appereth in y e tretise of wards and reliefes in the statute made the 28. of Edwarde the I. Petit Serieantie ¶ To hold by petit serieantie is as if a mā hold of the kinge lands or tementes yelding to him a knife a buckler an Arrowe a Bowe without string or other like seruice at the will of the firste feoffour and there belōgeth not ward mariage ne reliefe And marke well that a man may not holde by graūd nor petit serieantie but of the king Escuage ¶ To holde by escuage is by knight seruice and there belongeth warde mariage and relief And marke wel that a man may not holde by escuage bnt that he hold by homage for that escuage of common ryght draweth to him homage as it was indged Termino H. 21. E. 3. cap. 42. fol. 52. Auowrye 115. And note wel that escuage is a certeine somme of money and it ought to be leuied by the Lord of hys tenaunt after the quantitie of his tenure when escuage runneth by all Englande And it is ordeined by al the coūsell of Englande howe much euery tenant shall geue to his lord that is properly for to maintein the warrrs béetwéene Englande and them of Scotlande or of Wales and not betwene other lands for that that those foresayed landes shoulde bee of right belonginge to the Realme of Englande Homage auncestrel ¶ To holde by homage auncestrel is where I or my aūcestors haue holdē of you of your auncestors frō time out of mind whereof no mynde runneth by homage fealtye and certayne rent And it is not to holde by knightes seruice and there belōgeth not ward maryage nor relyefe And note well that homage maye bée sayed in two manners that is to say homage auncestrell and homage de fayt Homage auncestrell is there where you or your auncestours haue holden of me and myne auncestors duringe the time of mans remēbrance by homage fealty rent Homage de fayt is there where I enfeoffe your selfe to hold of me by homage and rent and in soe much that this homage beginneth by my deede it is called homage de fait And note wel y t homage aū●●strel draweth to him voucher y t is to say warrantie of aūcestours but not homage de fait Curtesie dengleterre ¶ To hold by the