Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	acre_n	hold_v	manor_n	1,525	5	9.8459	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26173	Jus Anglorum ab antiquo, or, A confutation of an impotent libel against the government by king, lords, and commons under pretence of answering Mr. Petyt, and the author of Jani Anglorum facies nova : with a speech, according to the answerer's principles, made for the Parliament at Oxford.	Atwood, William, d. 1705?; Brady, Robert, 1627?-1700. Full and clear answer to a book.; Petyt, William, 1636-1707. Antient right of the Commons of England asserted.; Atwood, William, d. 1705? Jani Anglorum facies nova.	1681 (1681)	Wing A4175; ESTC R9859	138,988	352

which were before nay sometimes less or none when formerly there were some as in Surrey Robert de Wate holds one House which paid all Services in the time of Kind Edward now nothing at all But to the Claims or Titles allowed Hantescire Aldredus frater Ode calumniatur unam virgatam terrae de hoc Manerio dicit se eam tenuisse die quâ Rex Edwardus fuit vivus mortuus disaisitus fuit postquam Rex Willielmus mare transiit ipse dirationavit coram reginâ inde est testis ejus Hugo de Port homines de toto hundredo Aldred the Brother of Ode claims one Rood of that Manner and says That he held it the day that King Edward was alive and dead and was disseized after that King William past the Seas and he recovered it before the Queen Hugo de Port is Witness of it and the whole Hundred 'T is to be observed that where the County or Hundred attests any mans Plea or Title this is a solemn Judgment in Domesday Book that being the way appointed of ascertaining Estates and Titles In the same County and Hundred Hugh de Port has his Claim allowed Hanc hidam calumniatur Hugo de Port dicens eam pertinere ad sua Maneria de Cerdeford Eschetune ibi eam tenuerunt sui antecessores hoc testantur tot ' Hundr ' This Hide Hugh de Port claims saying that it belongs to his Mannors of Cerdeford and Eschetune and there his Ancestors held it and this the whole Hundred testifies So the same Hugh claims three Houses and a Corner of a Field and one Rood and five Acres of Land of Turstin the Chamberlain and of this he brings the Hundred to witness that his Ancestors were seized Die quo Rex Edwardus fuit vivus mortuus The Tryal in this Cou●ty between William de Chornet In Forcingbridge Hundr in Clatings and Picot the Sheriff of Cambridgeshire is very remarkable In isto Hundr in isto Maner tenet Picot 2 Virgat dimidium istam terram calumniatur Willielmus de Chornet dicens pertinere ad Maner de Cerdeford feudum Hugonis de Port per haereditatem sui antecessoris de hoc suum testimonium adduxit de melioribus antiquis hominibus totius Comitatûs Hundr Picot contraduxit suum testimonium de Villanis vili plebi de prepositis qui nolunt defendere per Sacramentum aut per Dei judicium quod ille qui tenuit terram liber homo fuit potuit ire cum terrâ quo voluit sed testes Willielmi nolunt accipere legem nisi Regis E. usque dum definiatur per Regem In that Hundred and in that Mannor Picot holds two Rood and a half of Land that Land William de Chornet claims saying that it belongs to the Mannor of Cerdeford of the Feud of Hugh de Port by the Inheritance of his Ancestor And of this produced his Testimony of the better and ancient men of the whole County and Hundred and Picot on the other side brought his of Villains and inferiour People and of Bailiffs who will not defend by Oath or by Gods Judgment which I take here not to be the Ordail but the Battail as we find the Tryals vel bello vel judicio that he who held the Land Which was the Issue against being of Hugh de Port's Feud was a Freeman and might go with it whither he would Here the County or Hundred testifies that the stress of de Chornet's Cause depends upon the Confessor's Law and so give the Title with him In the North and West riding of Yorkshire many Claims may be seen as of Earl Hugh which I take it was Hugh de Ferrers Henry de Ferrers being disseized in that County and 't is likely both claim'd by the same Title Hugh was a very considerable Free holder There are many others who are in like Circumstances as George Malet William Malet Orm and Bunde Osburn de Arcis William de Warren Ligulf Wido de Credun Percy Sortebrand Gislebert SECT 4. 'T is evident that King William did not so much as make a new Grant or Confirmation to men of what was theirs before the old Title being sufficiently firm hence in Amelbrice Hundred in Surrey tenuit Almaris sine dono Regis eò quod antecessor ejus Almar tenuit Almar held without the King's Grant because his Ancestor Almar held it In Glocestershire Brictric tenet de Rege 4 Hidas in Lechametone Geldant ipse tenuit earum 2 Hidas T. R. E. Ordric alias duas Rex Willielmus utramque eidem Brictric concessit pergens in Normaniam Brictric holds of the King in Lechamet●ne four Hides and they pay a Quit-rent he held two Hides of them in the time of King Edward and Ordric the other two King William when he went into Normandy granted both that is the two Hides which Ordric held to Brictric so that Brictric enjoyed the other two not contained in the King's Grant upon his prior Title SECT 5. WHereas this Author is pleased to exercise his reflecting Faculty upon that Lawyer in Ed. 3. Reign Against Mr. Petyt p. 28. who affirmed That the Conquerour came not at all to out those who had right Possession Should be rightful but to out those which by their wrong doing had occupied any Land in Disinheritance of the King and of his Crown that is such Land as was forfeited to the Crown by their being in Arms against the King upon which p. 29. he says that this Judge spoke out of Design and studied and knew only popular and lucrative Law and not the Constitution of the Nation before his own time 'T is manifest that this free Censurer studies only parasitical Law and that if he were acquainted with Domesday book he would not censure this nor would challenge his Adversary to find any one Plea or Grant of the like Nature p. 26. with Swanborn's who pleaded p. 25. That he was never against the King Now 't is observable that we find many Forfeitures mentioned in this Book which were needless if the King seized without so in Essex in Barstable Hundr In Burâ de istis Hidis est una de hominibus forisfactis erga Regem in Bury one of those Hides belonged to the men that were forf●ited to the King and this was the way of Expression accordingly in the Active we find in Norfolk Earl Ralf held such Lands Quando se forisfecit But more particularly in Cambridgeshire in Wardune Hardwin holds of Richard this did not belong to Richard's Ancestor but Ralf Waders held it Die quo deliquit contra Regem that day on which he was in Arms or Rebellion offended against the King and so forfeited whereas otherwise it had continued with him but this compar'd with Indulphus the then King's Secretary makes a full proof Erle Yvo sends to Anjou to the Abbot of St. Nickolas

Term. Pasc. 7. 8. J●hannis 9. dorso claims against William Scoteny the Capital Messuage which he ought to have in Steinton with the Appurtenances as that which belongs to his elder share of the Barony which was Lambert Scoteny's These surely were Brothers not Sisters Sons being of the same Name and the Claim being immediately from the seizin of Scoteny and this Claim was allowed as the Record shews Besides tho 't is generally believed that Wardship was in use before the Reign of H. 3. And Mr. Sylas Taylor in his History of Gavelkind Hist. of Gavelkind p. 104. thinks he proves it to have been before the supposed Conquest Yet we have good Authority that there was no express Law for this before 4. H. 3. K●ighton fo 2430. A● 1219. 4 H. 3. Magnates Angliae concesserunt Regi Henrico Wardas hoeredum terrarum suarum quod fuit initium multorum malorum in Angliâ The great men of England granted King Henry the Wardships of their Heirs and Lands which was the beginning of many Evils in England 2. We find Custom prevailing beyond what was the foreign Feudal Law at least of some places for which I may instance in Relief paid by the Heir male after the Death of his Ancestors Whereas I find it in Cujacius payable only by the Heir female Cuja●i●s fo 498. Siquis sine filio Masculo mortuus fuerit reliquerit filiam filia non habeat beneficium patris nisi à domino redimerit If any one dye without Heir male and leaves a Daughter let her not have her Fathers Benefice unless she redeem it of the Lord. That Relief was called Redemption appears by the Law of H. 1. Leges fo 1. cap. 1. Haeres non redimet terram suam sicut faciebat tempore fratris mei sed legitimâ justâ relevatione relevabit eam It seems in King Rufus his time this payment was so unreasonable that 't was a Redemption in a strict sense and a kind of Purchase of the Land but now 't was to be a lawful and just Relief 2. The jus feodale mentioned in the Glossary if it be not the Law generally received where Feuds were must be the Law of England in particular But 't is to be observed that Choppinus knocks this down who tells us that amongst the French Juridica potestas was not imply'd by a Feud Against Petyt p. 31. in margin But our Apollo teacheth us that our ancient Tenures were from Normandy and that was govern'd by the French Feudal Law being of the French King's Feud Wherefore the Juridica Potestas or jus dicere was not here Ex ipso jure feodali nay in the same place the French Feudist tells us Choppinus de Jurisdict Andeg fo 455. Interdum certè Baro Castellanum observat superiorem 'T is certain sometimes a Baron is under a Castellan's Feud And he gives the Reason why it may be so which is that a Feud carries not with it ib. so 450. the Potestas juridica which reason is very apparent in that a Castellan is of a degree lower than a Baron Take Juridica potestas in the same Sense with jus dicere in the Glossary a Baron was to take Laws from his Inferiour Leges H. 1. cap. and to have his Lands taken from him without Forfeiture as it appears by the Law of Hen. 1. that being one of the Judges in the County Court was not upon the Account of Resiance but the having Free land there so it must have been in the great County Court of Cheshire though they had an extraordinary Power there Admit therefore that a Lord of another County were Feudal Tenant to a Commoner there as 't is not to be doubted but he might have been should this Lord have been represented by his Capital Lord there Glos. 2 part Consentire quisque vid. Or admit a Lord there had no Land but what he held of a Commoner as of such an one as Thomas de Furnival Jani Angl. facies nova p. Sed vide the Record more at large who had several very considerable Mannors might Thomas de Furnival represent the Lord in the Lord's House But farther taking the Jus Feodale to be as in force with us unless the positive Law giving so large a Power be shewn 't is a begging the Question for 't is to prove the Right which our wise Antagonist would exclude from the Question as being indisputable I suppose by the Fact whereas the fancied Right is used in his Hotch-potch Glossary to induce us to the belief of the Fact But from what Sourse is this Right deriv'd SECT 5. An Improvement of the Notion of Jus Feodale THat I may make our mighty man of Letters out of Love with his darling Glossaries 2 Part of the Glos. and his own I shall observe to him That according to that for the Credit of which he pawns his own Truth or his Friends All the Lord 's Right of Representing their Tenants in the Great Councils Against Mr. Petyt p. 31. is meerly Feudal ex ipso jure feodali But all Feuds were enjoy'd under several Military Conditions or Services Being then these were the onely Feudal Tenures and yet as appears by Domesday-Book and all manner of Authority there were Freemen who held in free or else in common Socage though the Dr. sayes all the Freemen of the Kingdom were Tenants by Military Service These Socagers were not chargeable by any without their own consent But like men of another Government and it seems he will afford them nothing here they though called were not obliged to come to the Great Council which was the Curia of the King 's Feudal Tenants onely Nay they were never at it And therefore no wonder if the Laws were obs●rved by and exacted upon Against Mr. Petyt p. 43. onely the Normans themselves For the others could not be bound and if they consented to any Charge for Defence of the Government it could be onely in what way they pleased to consent either in a Body by themselves or united with the Vassals or else severally at home as a meer Benevolence And there being free and common Socage Tenants before the Norman's Entrance and since continually thus it must alwayes have been CHAP. III. That Domesday-Book to which he appeals manifestly destroyes the Foundation of his Pernicious Principles SECT 1. SInce our Tenures and the manner of holding our Estates Against Mr. Petyt p. 31. in every respect with the Customes incident to those Estates are said to be brought in by the Conquest and not onely most but all free Estates must have been feudal as Knights Service which is made the onely feudal was in the time of William the First the onely free Service ib. p. 39. What I have said of Feuds in the last Chapter doth directly reach the Controversie between us though our Author who has an excellent faculty of overthrowing his own Arguments

who have not read this Charter from falling upon this easie way of answering the Doctor 's whole Book and therefore they castrate the Charter and leave out all the provision for the Liberties and free Customs of the several integral parts of the Kingdom as if their imaginary General Council had swallowed up the Liberties and Freedoms of all them who held not of the King Nota A Tenure in Capite is when the Land is not holden of the King as of any Honor Castle or Mannor c. But of the King as of the Crown as of his Crown or in Chief and this some would rather have effected than that the Commons of England should be thought to have had any Right affirm'd by so ancient a Law Spelman's 2 part of the Glossary Tit. Parliamentum and that this was apprehended when the marvellous Discoveries worthy to be inquired into under Title Parliament Bless'd the World may well be gather'd from the printing only as much of that part of the Charter which is now in Debate If but one had an hand in it as in the Publisher's own Judgment he thought would fit his Purpose concealing the rest In that Glossary there is no more than this Spelm. Gloss. Col. 452. Nullum Scutagium vel Auxilium ponam in regno nostro nisi per Commune Concilium Regni nostri 1. Nisi ad corpus nostrum redimendum 2. Ad primogenitum filium nostrum Militem faciendum 3. ad primogenitam filiam nostram semel maritandam ad hoc non fiat nisi rationabile auxilium Nota the Omission here Et ad habendum Commune Consilium Regni de auxiliis assidendis aliter quam in tribus Casibus praedictis et de Scutagiis assidendis summoneri faciemus Archiepiscopos Abbates Comites Majores Barones sigillatim per literas nostras praeterea faciemus summoneri in generali per Vicecomites Ballivos nostros omnes alios qui in Capite tenent de nobis ad certum diem s●ilicet ad terminum quadraginta dierum ad minus ad certum locum in omnibus literis submonitionis illius causam summonitionis illius exponemus Et sic factâ summonitione negotium procedat ad diem assignatum secundum Concilium eorum qui praesentes fuerint quamvis non omnes summoniti venerint By the partial citation of this shred or end of the Charter 't is a clear case that Et ad habendum Commune Concilium Regni is there in express words appropriated to Tenants in Capite whatever may have been reserv'd to others in the general provision for all their Liberties and free Customes and the Publisher hath so dexterously and effectually patched the Fragments together that the Reader must be forced according to those curious Appearances to assent to the Publisher and Doctor 's fallacious Assertions that none but the Tenants in Capite made the Commune Concilium Regni the City of London and all other Cities Burroughs Ports and Towns or Parishes whose Rights are there reserved being clearly left out in the Glossary whereas 't will be very difficult to one that reads the whole together not to think that admitting ad habendum Commune Consilium Regni be there appropriated to the Kings Tenants in Chief yet the Aid and Escuage they are impower'd to assess must be such as concern'd them onely A reservation for the Liberties and free Customs of all the parts of the Kingdom following immediately upon mention of the Common Council of the Kingdom which undoubtedly had of Right and Custom a larger Power than barely the granting of Taxes But if Et ad habendum Commune Concilium Regni de auxiliis assidendis aliter quam in tribus casibus praedictis ought to be joyn'd to the Liberties and free Customs of the whole Nation reserved by King John's Charter then that darling Notion of a Parliament of the King's Tenants only no more to be prov'd than that we had Parliaments of Women as well as others falls to the ground Vid. Jan. p. 239. And by the Dr's good favour there was no need of proving that amongst the other Customs of the Cities Burroughs Against Jan. p. 4. c. this of enjoying a Right of being of or constituting the Common Council of the Kingdom was one of them any otherwise than from the express words of the Charter nor could I justly be blam'd for not going first to prove that such were Members before my saying that if they were so before and at the making of the Charter their Right is preserv'd to them by it and is confirm'd by the Charter of H. 3. c. 9. Since in all mens Logick but the Dr's the Argument is to be laid down before it can be made good and the thing to be prov'd here is but the minor of a Syllogism Which Argument being founded upon Fact which the Dr. would have to be the onely Controversie between us p. 1. I may wave for a while and yet there 's no doubt but I prove a Right if I shew that amongst other Liberties and free Customs all parts of the Kingdom here enumerated were by the Words of King John's Charter to enjoy a Right ad habendum Commune Concilium Regni The Dr. agrees So Matth. Paris Against Jan. c. p. 62. that King John's Charter and that which H. 3. granted in the 9th of his Reign were alike in all things Wherefore if I can shew the likeness I hope 't will qualifie and abate our Author 's great Wrath for my proving from thence a provision for a more General Council than one made up of Tenants onely For p. 63. being like 't is not necessary that the Words should be the very same but the Sense and if we are sure by Record that we have the right words we are certain if Records may explain Matthew Paris that the likeness he meant consisted in the Sense Since therefore in the Great Charter granted 9 H. 3. as I find also one in Secundo there is in a Chapter intire by it self The hand-writing of E MS. peues Dom. Petyt as the Lord Cook cites it Scutagium de caetero capiatur sicut capi consuevit tempore H. avi nostri and no other provision is in any part of the Charter made for the Great Council of the Nation than what is contain'd under the Liberties and free Customs of every particular Place and yet this wholly agrees with and expresses the Sense of King John's Et de Scutagiis assidendis must be disjoyned from ad habendum Commune Concilium Regni aliter quam in tribus casibus praedictis And if so then the Tenants in Capite who are under that Division have no express provision there made for their Summons to the Great Council of the Nation but are with others left for that to the antient Law as it was in the time of H. 2. whose Laws both Charters that were in