Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	age_n	hold_v	ward_n	1,360	5	10.5095	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12533	De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.; Common-wealth of England	Smith, Thomas, Sir, 1513-1577.	1583 (1583)	STC 22857; ESTC S117628	79,409	124

haue no externe seruice wherewith to occupie their buisie heads handes accustomed to fight and quarell must néedes séeke quarels and contentions amongest themselues and become so readie to oppresse right among their neighbours as they were woont before with praise of manhoode to be in resisting iniurie offered by their enemies So that our nation vsed hereunto vpon that more insolent at home and not easie to be gouerned by Lawe and politike order men of power beginning many fraies and the stronger by factions and parties offering too much iuiurie to the weaker were occasions of making good Lawes First of reteiners that no man should haue aboue a number in his Liuerie or retinue then of the enquirie of routs and riots at euerie Sessions and of the lawe whereby it is prouided that if any by force or by riot enter vpon any possessions the Iustices of the peace shal assemble themselues remooue the force within certain time enquire thereof And further because such things are not commonlie done by meane men but by such as be of power force be not to be dealt withal of euerie man nor of meane Gentlemen if the riot be found certified to the Kings Counsell or if otherwise it be complained of the partie is sent for and he must appeare in this starre chamber where séeing except the presence of the Prince onely as it were the maiestie of the whole Realme before him being neuer so stoute he will be abashed and being called to aunswere as he must come of what degrée soeuer he be he shall be so charged with such grauitie with such reason remonstrance and of those chiefe personages of Englande one after an other handeling him on that sort that what courage soever he hath his heart will fall to the grounde and so much the more when if he make not his aunswere the better as seldome he can in so open violence he shalbe commaunded to the Fléete where he shall be kept in prison in such sort as these Iudges shall appoint him lie there till he be wearie aswell of the restraint of his libertie as of the great expences which he must there sustaine and for a time be forgotten whiles after long suite of his friendes he will be glad to be ordered by reason Sometime as his deserts be he payeth a great fine to the Prince besides great costs and dammages to the partie and yet the matter wherefore he attempteth this riot and violence is remitted to the common lawe For that is the effect of this Court to bridle such stoute noble men or Gentlemen which would offer wrong by force to any manner men and cannot be content to demaund or defend the right by order of lawe This court began long before but tooke great augmentation and authoritie at that time that Cardinall Wolsey Archebishop of Yorke was Chauncellor of Englande who of some was thought to haue first deuised y ● Court because that he after some intermission by negligence of time augmented the authoritie of it which was at that time maruellous necessary to doe to represse the insolencie of the noble men and gentlemen of the North partes of Englande who being farre from the King and the seate of iustice made almost as it were an ordinarie warre among themselues and made their force their Lawe banding themselues with their tenaunts and seruauts to doe or reuenge iniurie one against an other as they listed This thing séemed not supportable to the noble prince King Henrie the eight and sending for them one after an other to his Court to aunswere before the persons before named after they had had remonstrance shewed them of their euill demeanor and béene well disciplined as well by words as by fléeting a while and thereby their purse and courage somwhat asswaged they began to range themselues in order and to vnderstand that they had a Prince who would rule his subiects by his lawes and obedience Sith that time this court hath béene in more estimation and is continued to this day in manner as I haue saide before Of the Courts of Wards and Liueries CHAP. 5. HE whom we call a ward in Englande is called in Latine pupillus and in Gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The gardian is called in Latine tutor in Gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A warde or infant is taken for a childe in base age whose father is dead The Romanes made two distinctions pupillum minorem the one to xiiii yere old the other was accounted from thence to xxv And as pupillus had tutorem so minor had curatorem til he came to the age of xxv These tutors or curators were accountable for the reuenues of the pupils minors lands great prouision and many lawes and orders is made for them in the bookes of the ciuil Lawe for rendering iust true accounts So that to be a gardian or tutor was accounted among them to be a charge or trouble a thing subiect to much encumbraunce and small profite so that diuerse meanes were sought for to excuse men from it With vs this is cleane contrarie for it is reckoned a profite to haue a warde For the Lorde of whom the warde doeth hold the land so soone as by the death of the father the childe falleth warde vnto him he seaseth vpon the body of the ward and his landes of which so that he doeth nourish the ward he taketh the profite without accounts and beside that offering to his ward couenable mariage without dispergement before the age of xxl. yeres if it be a man or xiiii if it be a woman If the ward refuse to take that mariage he or she must pay the value of the mariage which is commonly rated according to the profite of his landes All this while I speake of that which is called in French garde noble that is of such as holde lands of other by knight seruice for that is an other kinde of seruice which we call in Frenche gard returier we call it gard in socage that is of such as doe not holde by knight seruice but by tenure of the plough This wardship falleth to him who is next of the kinne and cannot inherite the land of the warde as the vncle by the mothers side if the land doe discend by the father and of the fathers side if the lande discend by the mother This gardian is accountable for the reuenues and profites of the land as the tutor by the ciuill Lawe to the warde or pupill so soone as he is of full age The man is not out of wardshippe by our lawe till xxj yere olde from thence he is reckoned of full age aswell as in the Romane lawes at xxv The woman at xiiij is out of warde for shée may haue an husband able to doe knightes seruice say our bookes And because our wiues be in the power as I shall tell you hereafter of their husbands it is no reason she should be in

two diuerse gards Many men doe estéeme this wardship by knightes seruice very vnreasonable and vniust and contrarie to nature that a Fréeman and Gentleman should be bought and solde like an horse or an oxe and so change gardians as masters and lordes at whose gouernement not onely his bodie but his landes and his houses should be to be wasted and spent without accounts and then to marie at the will of him who is his naturall Lorde or his will who hath bought him to such as he like not peraduenture or else to pay so great a ransom This is the occasion they say why many gentlemen be so euil brought vp touching vertue and learning and but onely in deintinesse and pleasure and why they be maried very young and before they bee wife and many times do not greatly loue their wiues For when the father is dead who hath the natural care of his childe not the mother nor the vnckle nor the next of kinne who by all reason would haue most naturall care to the bringing vp of the infant and minor but the Lorde of whom he holdeth his land in knights seruice be it the King or Quéene Duke Marquesse or any other hath the gouernement of his bodie and mariage or else who that bought him at the first second or thirde hande The Prince as hauing so many must néedes giue or sell his wardes away to other and so he doeth Other doe but séeke which way they may make most aduauntage of him as of an oxe or other beast These all say they haue no naturall care of the infant but of their owne gaine and especially the buyer will not suffer his warde to take any great paines either in studie or any other hardenesse least he should be sicke and die before he hath maried his daughter sister or cousin for whose sake he bought him and then all his money which he paide for him should be lost So he who had a father which kept a good house and had all things in order to maintaine it shall come to his owne after he is out of wardshippe woods decayed houses fallen downe stocke wasted and gone land let foorth and plowed to the baren and to make amends shall pay yet one yeres rent for reliefe and sue ouster le maind beside other charges so that not of manie yeres and peraduenture neuer he shall be able to recouer and come to the estate where his father left it This as it is thought was first graunted vpon a great extremitie to King Henrie the 3. for a time vpon the warre which he had with his Barons and afterward increased and multiplied to more and more persons and grieuances and will be the decay of the nobilitie and libertie of England Other againe say the ward hath no wrong For eyther his father purchased the lande or it did discend vnto him from his auncesters with this charge And because he holdeth by knightes seruice which is in armes and defence séeing that by age he cannot doe that whereto hee is bound by his lande it is reason he aunswere that profite to the Lorde whereby he may haue as able a man to doe the seruice The first knights in Rome those that were chosen equites Romani had equum publicum on which they serued and that was at the charge of widowes and wards as appeareth by Titus Liuius because that those persons could not doe bodilie seruice to the common wealth Wherfore this is no newe thing but thought reasonable in that most wise common wealth and to the prudent King Seruius Tullius As for the education of our common wealth it was at the first militaire and almost in all things the scope and deseigne thereof is militaire Yet was it thought most like that noble men good knights and great captaines would bring up their wards in their owne feates and vertues and then mary them into like rase and stocke where they may finde and make friendes who can better looke to the education or better skill of of the bringing vp of a gentleman than he who for his higher nobilitie hath such a one to holde of him by knights seruice or would doe it better than he that looketh or may claime such seruice of his ward when age and yeres will make him able to doe it That which is saide that this maner of wardship began in the time of King Henrie the 3. cannot séeme true For in Normandie and other places of Fraunce the same order is And that statute made in King Henrie the thirds time touching wards to him that will wey it wel may séeme rather a qualification of that matter and an argument that the fashion of wardship was long before but of this matter an other time shall be more conuenient to dispute This may suffice to declare the maner of it Of VViues and mariages CHAP. 6. THe wiues in Englande be as I saide in potestate maritorum not that the husbande hath vitae ac necis potestatem as the Romans had in the olde time of their children for that is onely in the power of the Prince and his lawes as I haue saide before but that whatsoever they haue before mariage as soone as mariage is solemnished is their husbandes I meane of money plate iuelles cattaile and generally all moueables For as for lande and heritage followeth the succession and is ordered by the lawe as I shall say héereafter and what soever they gette after mariage they get to their husbands They neither can giue nor sell anie thing either of their husbandes or their owne Theirs no moueable thing is by the law of England constanti matrimonio but as peculium serui aut filijfamilias and yet in moueables at the death of her husbande she can claime nothing but according as hee shall will by his Testament no more than his sonne can all the rest is in the disposition of the executors if he die testate Yet in London and other great cities they haue that lawe and custome that when a man dieth his goods be diuided into thrée partes One thirde is imployed vppon the buriall and the bequestes which the testator maketh in his testament An other thirde part the wife hath as her right and the thirde third part is the dewe and right of his children equally to be diuided among them So that a man there can make testament but of one thirde of his goods if he die interstate the funerals deducted the goods be equally diuided betwéene the wife and the children By the common lawe of Englande if a man die intestate the Ordinarie which is the Bishoppe by common intendment sometime the Archdeacon Dean or Prebendarie by preuiledge and prescription doeth commit the administration of the goods to the widowe or the child or next kinsman of the dead appointing out portions to such as naturally it belongeth vnto and the Ordinarie by cōmon vnderstanding hath such grauitie and discretion as shalbe méete for so absolute an authoritie

baptisme did find so it did leaue them for it chaungeth not ciuill lawes nor compactes amongest men which be not contrarie to Gods lawes but rather maintaineth them by obedience Which séeing men of good conscience hauing that scruple whereof I wrote before haue by litle and litle found meanes to haue and obtaine the profit of seruitude and bondage which gentilitie did vse and is vsed to this day amongest Christians on the one part and Turkes and Gentils on the other part whē warre is betwixt them vpon those whō they take in battaile Turkes and Gentiles I call them which vsing not our lawe the one beléeueth in one God the other in many gods of whom they make Images For the lawe of Iewes is well ynough knowen at this day so farre as I can learne amongst all people Iewes be holden as it were in a common seruitude and haue no rule nor dominion as their own prophesies doe tell that they should not haue after that Christ was promised to them was of them refused for when they would not acknowledge him obstinatly for taking their helpe in soule for the life to come and honour in this worlde for the time present not taking the good tidinges newes and euangill brought to them for their disobedience by the great grace of God and by the promise of the Prophets ●ructified in vs which be Gentils and brought forth this humanitie gentlenes honour and godly knowledge which is seene at this present But to returne to the purpose This perswasiō I say of Christians not to make nor kéepe his brother in Christ seruile bond and vnderling for euer vnto him as a beast rather than as a man and the humanitie which the Christian religion doth teache hath engendered through Realmes not néere to Turkes and Barbarians a doubt a conscience and scruple to haue seruants and bondmen yet necessitie on both sides of the one to haue helpe on the other to haue seruice hath kept a figure or fashion thereof So that some would not haue bondmen but ascripticij glebae and villaines regardant to the ground to the intent their seruice might be furnished and that the countrie being euill vnwholsome and other wise barren should not be desolate Others afterwardes found out the wayes and meanes that not the men but the land should be bound and bring with it such bondage and seruice to him that occupieth it as to carie the Lordes dung vnto the fieldes to plough his ground at certaine daies sowe reape come to his Court sweare faith vnto him and in the ende to holde the lande but by copie of the Lords court rolle and at the will of the Lord. This tenure is called also in our lawe villaine bonde or seruile tenure yet to consider more déepely all lande euen that which is called most frée lande hath a bondage annexed vnto it not as naturally the lower ground must suffer and receiue the water and filth which falleth from the higher ground nor such as Iustinian speaketh of de seruitudinibus praediorum rusticorum vrbanorum but the lande doeth bring a certaine kind of seruitude to the prossessor For no man holdeth land simply frée in Englande but he or she that holdeth the Crowne of Englande all others holde their land in fée that is vpon a faith or trust and some seruice to be done to an other Lorde of a mannor as his superior and he againe of an higher Lorde till it come to the Prince him that holdeth the Crowne So that if a man die and it be found that he hath land which he holdeth but of whom no man can tell this is vnderstoode to be holden of the Crowne and in capitie which is much like to knights seruice and draweth vnto it thrée seruices homage ward and mariage That is he shall sweare to be his man and to be true vnto him of whom he holdeth the lande His sonne who holdeth the land after the death of his father shall be maried where it pleaseth the Lorde He that holdeth the lande most freely of a temporall man for franke almose and franke mariage hath an other cause and nature holdeth by fealtie onely which is he shal sweare to be true to the Lorde and doe such seruice as appertaineth for the land which he holdeth of the Lord. So that all frée lande in Englande is holden in fée or feodo which is asmuch to say as in fide or fiducia That is in trust and confidence that he shall be true to the Lorde of whom he holdeth it pay such rents doe such seruice and obserue such conditions as was annexed to the first donation Thus all sauing the Prince be not viri domini but rather fiduciary domini possessores This is a more likely interpretation than that which Litleton doeth put in his booke who saith that feodum idem est quod haereditas which it doeth betoken in no language This hapneth many times to them who be of great witte and learning yet not séene in many tongues or marketh not the deduction of wordes which time doth alter Fides in Latine the Gothes comming into Italie and corrupting the language was turned first into fede and at this day in Italie they will say in fide en fede or ala fe And some vncunning Law●ers that would make a newe barbarous latine worde to betoken lande giuen in fidem or as the Italian saith in fede or fe made it in feudum or feodum The nature of the worde appeareth more euident in those which we call to fef feof or feoffees the one be fiduciary possessores or fidei commissarij the other is dare in fiduciam or fidei commissum or more latinely fidei committere The same Litleton was as much deceiued in withernam diuerse other olde wordes This withernam he interpreteth vetitum nauium in what language I knowe not whereas in trueth it is in plaine Dutche and in our olde Saxon language wyther nempt alterum accipere iterum rapere a worde that betokeneth that which in barbarous Latine is called represalia when one taking of me a distresse which in Latine is called pignus or any other thing and carying it away out of the iurisdiction wherein I dwell I take by order of him that hath iurisdiction an other of him againe or of some other of that iurisdiction and doe bring it into the iurisdiction wherein I dwell that by equal wrong I may come to haue equall right The manner of represalia and that we call withernam is not altogether one But the nature of them both is as I haue described and the proper signification of the words doe not much differ But to returne thither where we did digresse ye see that where the persons be frée and the bodies at full libertie and maximè ingenui yet by annexing a condition to the lande there is meanes to bring the owners and possessors thereof into a certaine seruitude or rather libertinitie That the tenaunts beside

those haue force and be kept according to the firmitie and strength in which they are made And this is ynough of wiues and mariage Of Children CHAP. 7. OUr children be not in potestate parentum as the children of the Romans were but as soone as they be puberes which we call the age of discretion before that time nature doth tell they be but as it were partes parentum That which is theirs they may giue or sell purchase to themselues either landes and other moueables the father hauing nothing to doe therewith And therefore emancipatio is cleane superfluous we knowe not what it is Likewise sui heredes complaints de in-officioso testamento or praeteritorum liberorum non emancipatorum haue no effect nor vse in our lawe nor wee haue no manner to make lawefull children but by mariage and therefore we knowe not what is adoptio nor arrogatio The testator disposeth in his last will his moueable goods fréely as he thinketh méete and conuenient without controlement of wife or children And our testamentes for goods moueable be not subiect to the ceremonies of the ciuill lawe but made with all libertie and fréedome and iure militari Of landes as ye haue vnderstoode before there is difference for when the owner dieth his lande discendeth onely to his eldest sonne all the rest both sonnes daughters haue nothing by the common lawe but must serue their eldest brother if they will or make what other shift they can to liue except that the father in life time doe make some conueiance and estates of part of his land to their vse or els by deuise which word amongest our lawiers doth betoken a testament written sealed and deliuered in the life time of the testator before witnesse for without those ceremonies a bequest of landes is not auailable But by the common lawe if hee that dieth hath no sonnes but daughters the lande is equally diuided among them which portion is made by agréement or by lotte Although as I haue saide ordinarily and by the common lawe the eldest sonne inheriteth all the lands yet in some countries all the sonnes haue equall portion and that is called ganelkinde and is in many places in Kent In some places the youngest is sole heire and in some places after an other fashion But these being but particular customes of certaine places and out of the rule of the common law doe little appertain to the disputation of the policie of the whole Realme and may be infinite The common wealth is iudged by that which is most ordinarily and commonly doone through the whole Realme Of Bondage and Bondmen CHAP. 8. AFter that we haue spoken of all the sortes of frée men according to the diuersitie of their estates and persons it resteth to say somewhat of bondmen which were called serui which kinde of people the disposition of them and about them doth occupie the most part of Iustinians Digestes and Code The Romans had two kindes of bondmen the one which were called serui and they were either which were bought for money taken in warre left by succession or purchased by other kinde and lawefull acquisition or else borne of their bonde women and called vernae all those kinde of bondmen be called in our lawe villens in grosse as ye would say immediatly bonde to the person and his heires An other they had as appeareth in Iustinians time which they called adscripticij glebae or agri censiti These were not bond to the person but to the mannor or place and did followe him who had the manors in our lawe are called villaines regardants for because they be as members or belonging to the manor or place Neither of the one sort nor of the other haue we any number in England And of the first I neuer knewe any in the realme in my time of the seconde so fewe there be that it is not almost worth the speaking But our lawe doth acknowledge them in both those sortes Manumission of all kinde of villaines or bondmen in Englande is vsed and done after diuerse sortes and by other and more light and easie meanes than is prescribed in the ciuil lawe and being once manumitted he is not libertus manumittentis but simply liber howbeit sith our Realme hath receiued the Christian religion which maketh vs all in Christ brethren and in respect of God and Christ conseruos men began to haue conscience to hold in captiuitie and such extreme bondage him whome they must acknowledge to be his brother and as we vse to terme him Christian that is who looketh in Christ and by Christ to haue equall portion with them in the Gospel and saluation Vpon this scruple in continuance of time and by long succession the holie fathers Munkes and Friers in their confession and specially in their extreme deadly sicknesses burdened the consciences of them whom they had vnder their hands so that temporall men by little and litle by reason of that terror in their conscience were glad to manumit all their villaines but the said holie fathers with the Abbots and Priors did not in like sort by theirs for they had also conscience to impouerish and dispoyle the Churches so much as to manumit such as were bond to their Churches or to the mannors which the Church had gotten and so kept theirs still The same did the Bishoppes also till at the last and now of late some Bishoppes to make a péece of money manumitted theirs partly for argent partly for slaunders that they séemed more cruell than the temporaltie after the monasteries comming into temporall mens handes haue béene occasion that now they be almost all manumitted The most part of bondmen when they were yet were not vsed with vs so cruelly nor in that sort as the bondmen at the Romane ciuill law as appeareth by their Comedies nor as in Gréece as appeareth by theirs but they were suffered to enjoy coppieholde lande to gaine and get as other serues that nowe and then their Lordes might fléese them and take a péece of money of them as in France the Lords doe taile them whom they call their subiectes at their pleasure and cause them to pay such summes of money as they list to put vpon them I thinke both in France and England the chaunge of religion to a more gentle humane and more equall sort as the christian religion as in respectes of the Gentiles caused this olde kinde of seruile seruitude and slauerie to be brought into that moderation for necessitie first to villaines regardants and after to seruitude of landes and tenures and by litle and litle finding out more ciuill and gentle meanes and more equall to haue that doone which in time of heathenesse seruitude or bondage did they almost extinguished the whole For although all persons christians be brethren by baptisme in Iesu Christ and therefore may appeare equally frée yet some were and still might be christianed being bond and serue and whom as the