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
A31458	The laws of Q. Elizabeth, K. James, and K. Charles the First concerning Jesuites, seminary priests, recusants, &c., and concerning the oaths of supremacy and allegiance, explained by divers judgments and resolutions of the reverend judges : together with other observations upon the same laws : to which is added the Statute XXV Car. II. cap. 2 for preventing dangers which may happen from popish recusants : and an alphabetical table to the whole / by William Cawley of the Inner Temple, Esq.	Cawley, William, of the Inner Temple.	1680 (1680)	Wing C1651; ESTC R5101	281,468	316

meét to be Executors or Administrators to any person or persons whatsoever nor to have the Education of their own Children much less of the Children of any other of the Kings Subjects nor to have the marriage of them Be it therefore Enacted by the Authority aforesaid A Recusant shall not be Executor or Administrator That such Recusants convicted or which shall be convicted at the time of the death of any Testator or at the time of the granting of any Administration shall be disabled to be Executor or Administrator by force of any Testament hereafter to be made or Letters of Administration hereafter to be granted Or Guardian nor shall have the custody of any Child as Guardian in Chivalry Guardian in Socage or Guardian in nurture of any Lands Tenements or Hereditaments being Fréehold or Copyhold but shall be adjudged disabled to have any such Wardship or Custody of any such Child or of their Lands Tenements or Hereditaments being Fréehold or Copyhold as aforesaid Who shall have the Wardship And that for the better Education and Preservation of the said Children and of their Estates the next of the kin to such Child or Children to whom the said Lands Tenements or Hereditaments of such Child or Children cannot lawfully descend who shall usually resort to some Church or Chappel and there hear Divine Service and receive the holy Sacrament of the Lords Supper thrice in the year next before according to the Laws of this Realm shall have the Custody and Education of the same Child and of his said Lands and Tenements being holden in Knights Service until the full age of the said Ward of one and twenty years And of his said Lands Tenements and Hereditaments being holden in Socage as a Guardian in Socage And of the said Lands Tenements and Hereditaments holden by Copy of Court Roll of any Mannor so long as the Custom of the said Mannor shall permit and allow the same and in every of the said Cases shall yield an Accompt of the profits thereof to the said Ward as the Case shall require And that if at any time hereafter any of the Wards of the Kings Majesty or of any other shall be granted or sold to any Popish Recusant Convict such Grant or Sale shall be utterly void and of none effect Convicted at the time of the death of any Testator or at the time of the granting of any Administration Granting of Administration These words are to be construed reddendo singula singulis viz. That the Recusant shall be disabled to be Executor if he be convicted at the time of the death of the Testator or to be Administrator if he be Convicted at the time of the granting of Letters of Administration For so these words at the time of the granting of any Administration are here to be understood And therefore if a man makes his Will and therein appoints a Recusant Convict to be his Executor Executor where not disabled and before the Testators death the Conviction is removed by Reversal of the Judgment or avoided or discharged for some defect in the Indictment Proclamation or other proceedings and then the Testator dies In such Case the Recusant is not by this Act disabled to be Executor For although the naming of an Executor is in Law a granting of Administration And if a man by his last Will grants the Administration of his Goods and Chattels to J. S. without more saying thereby J. S. is made his Executor Dyer 290. So that the naming of an Executor and the granting of Administration seem to be the same thing yet this is not a granting of Administration within the meaning of this Act Administration here relating only to an Administrator and not to an Executor besides the naming of an Executor amounts not to a compleat grant of Administration until the Testators death For then and not before the Will becomes in force And if the party stands not then convicted he is not disabled Much less shall he be disabled to be Executor who is not convicted at the time of the Testators death although he be convicted at the time of the Probate of the Will For if these words granting of Administration should relate to an Executor as well as to an Administrator which in truth they do not yet the power given to the Executor by the Ordinary or Ecclesiastical Judge upon the probate of the Will cannot be called a granting but only a committing of Administration Committing of Administration What the Ordinary grants to an Executor according to the Will of the deceased And in such Case all that the Ordinary or Ecclesiastical Judge can grant are Letters testifying what the Testator hath already given to the Executor and a Power or Authority to execute the Will As Guardian in Chivalry Although the Recusant seized in Chivalry and Convicted could not have been Guardian yet if he had granted the Seigniory Seigniory granted over to one who was no Recusant the Grantee should have been Guardian notwithstanding this Act for the mischief here intended to be prevented was removed when the Seigniory was granted to another who was no Recusant By Jones Justice C. B. Hill 20. Jac. Jones 19. So if the King had seized Seized by the King the Recusants Seigniory as part of his two parts the King should have had the Wardship and not the next of kin for the same reason Jones 21. Stat. Sect. 22. Popish Books And be it further Enacted by the Authority of this present Parliament That no person or persons shall bring from beyond the Seas nor shall Print sell or buy any Popish Primmers Ladies Psalters Manuels Rosaries Popish Catechisms Missals Breviaries Portalls Legends and Lives of Saints containing superstitious matter Printed or Written in any Language whatsoever nor any other superstitious Books Printed or Written in the English Tongue upon pain of forfeiture of Forty shillings for every such Book one third part thereof to be to the Kings Majesty his Heirs and Successors one other third part to him that will sue for the same and the other third part to the Poor of the Parish where such Book or Books shall be found to be recovered by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be admitted or allowed and the said Books to be burned Stat. Sect. 23. Popish Reliques and Books And that it shall be lawfull for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors Bailiffs and Chief Officers of Cities and Towns Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is or shall be a Popish Recusant Convict for Popish Books and Reliques of Popery And that if any Altar Pix Beads Pictures or such like Popish Reliques or any Popish Book

as the person so sent or gone beyond the Seas shall conform him or her self and take the aforesaid Oath and receive the Sacrament of the Lords Supper And after such Oath taken and conforming of himself and receiving the Sacrament of the Supper of the Lord he or they which have so received the profits of the said Lands Tenements Hereditaments Goods and Chattels or any of them shall make account of the profits so received and in reasonable time make payment thereof and restore the value of the said Goods to such person as shall so conform him or her self as aforesaid And of him that sendeth them And that all such persons as shall send the said Child or Children over Seas without Licence as aforesaid unless the said Child or Children be Merchants or their Apprentices or Factors Marriners or Soldiers shall forfeit one hundred pounds to be divided had and recovered in thrée equal parts whereof the one third part shall be to the King his Heirs and Successors the other third part to such as shall sue for the same and the other third part to the Poor of such Parish where such Offender doth inhabit or remain by Action of Debt Bill Plaint or Information in any the Kings Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be admitted or allowed Next of kin who The next of his or her kin It hath been a great Question formerly whether the Mother can be said to be of kin to the Child and it hath been held in the negative as well by the Common Lawyers as Civilians as appears by the Case in 5 E. 6. called the Duke of Suffolks Case and that of Browne and Shelton Bro. tit Administr ' 47. But the Law is now held to be otherwise viz. That the Mother shall be taken to be of kin to the Child and that in a nearer degree then is the Brother or Sister And that she shall be preferred in the Case of an Administration upon the Statute of 21 H. 8. cap. 5. and of Guardianship by the Statute of Marlebridge where a man dies seized of Lands holden in Socage Which later Opinion agreeth with that of Littleton in his tenures fo 1. where he saith That the Parent is nearer of blood to the Child then the Uncle vide Co. 1. Inst 88. And in Ratcliffes Case Co. 3.40 the Duke of Suffolks Case is denied to be Law So that if any Child be sent or go beyond the Seas contrary to this Act his Mother shall be preferred before his Brother or Sister and as next of kin may have and enjoy his Lands c. unless she be a Popish Recusant For next of kin And who not or next of blood shall not be accounted here by course of descent but as in the Case of a purchase where a Remainder is limited to the next of blood or kin And therefore if a man hath issue three Sons A. B. and C. and dieth A. and B. have issue each of them a Son and die The Son of B. goeth beyond the Seas contrary to this Act In this Case C. the youngest Uncle shall by force of this Act have and enjoy the Lands of the Offender until his Conformity and not the Son of A. the elder Uncle For that C. hath in him jus propinquitatis as being the Uncle and so nearer of kin then the Cousin german And yet the Son of A. is heir at Law jure representationis as being the Son of the eldest Brother Vide Co. 1. Inst 10. Palmer 304 305. Periman versus Pierce Shall have and enjoy the said Lands c. What is forfeited It was held by Montague and Hobart Chief Justices Pasch 15 Jac. in Tredway's Case That if a person goes beyond the Seas contrary to this Act yet the State of the Land is not forfeited nor setled in the next of kin but vests in the heir himself who is the Offender For the Statute saith not that he shall not take by descent but only that he shall take no benefit by descent and that therefore this Statute differs from those of 5 R. 2. of consenting to Ravishment Stat. 5 R. 2. 11 H. 7. Sale by the heir and 11 H. 7. of discontinuances by Women And Hobart said That if the Heir beyond Sea bargain and sell the Land descended to him he shall prevent the next of kin if he hath not entred And if he hath entred the Land shall be taken from him Quaere of this for Tanfeild Chief Baron seemed to be of a contrary Opinion in the main point and held that the State of the Land is setled by this Act in the next of kin Ley 59. Note in the Report of this Case of Tredway it s said to be the meaning of this Act that the profits of the Land should be received by the next of kin during the Offenders Non-conformity But these words have and enjoy seem to imply some what more and that the next of kin shall have the Land it self All such persons as shall send the said Child or Children c. Here Wingate tit Crown numb 139. mistakes the person who shall forfeit the hundred pounds Forfeiture of 100 l. applying it to the Child who goes beyond Sea and not to the person who sends him Stat. Sect. 19. The forfeiture of those already gone beyond the Seas And for that many Subjects of this Realm being neither Merchants nor their Factors nor Apprentices Soldiers nor Marriners are of late gone beyond the Seas without Licence and are not as yet returned Be it further Enacted by the Authority of this present Parliament That if any of the said persons so gone beyond the Seas without Licence which are not yet returned shall not within six months next after their return into this Realm then being of the age of Eighteén years or more take the Oath above specified before some Iustice of Peace of the County Liberty or Limit where such person shall inhabit or remain that then every such Offender shall take no benefit by any gift conveyance descent devise or otherwise of or to any Lands Tenements Hereditaments Goods or Chattels until he or they being of the said age of Eightéen years or above take the said Oath and that likewise in the mean time the next of kin to the person so offending which shall be no Popish Recusant shall have and enjoy the said Lands Tenements Hereditaments Goods and Chattels so given conveyed descended or devised until such time as the person so offending shall conform himself and take the aforesaid Oath and receive the said Sacrament of the Lords Supper And after such conforming taking of the said Oath and receiving of the said Sacrament he or they that shall have so received the profits of the said Lands Tenements Hereditaments Goods and Chattels shall make account of the profits so received and in reasonable time make payment thereof and of the value of such Goods and Chattels to

his Warrant to bring the party before him 246. But the house cannot be broken by virtue of such Warrant 246. To whom one Justice of Peace may tender or give the Oath of Allegiance 224. 245 246. 247 248 249. Where he may commit the party refusing it 250. To what Justice of Peace the person offering an Agnus Dei c. must be brought or his name disclosed 53 54. The Justice of Peace not declaring the same incurs a Praemunire 55 56. Next Justice of Peace who meant 54. Certificate of Recusancy to be made by a Justice of Peace 60. One Justice of Peace may take the submission of a Jesuite or Popish Priest 95. He may examine a person suspected to be such and commit him if he refuse to answer 140 141. Discovery of a Jesuite or Popish Priest to a Justice of Peace 96. What the Justice of Peace is to do thereupon 96. The penalty if he neglects so to do 96. What Certificate he shall have for his discharge 96 97. Discovery of the entertainer or reliever of a Jesuite or Popish Priest or of Masse said must be to a Justice of Peace 200. One Justice of Peace may require the submission on 35 Eliz. 1. of Conventicles 115. And may require the offender to abjure 115 116. One Justice of Peace may require the submission on 35 Eliz. 2. of Popish Recusants confined 135. One Justice of Peace may cause the 12 d. per Sunday to be levied for absence from Church 188 189. Within what time the party must be called into question 189. Where the Justice of Peace is sole Judge of the parties excuse 190. One Justice of Peace may give the Oath to a Popish Recusant confined by 35 Eliz. 2. 210 211. Any two Justices of Peace may take the submission of a person returning from a Seminary 91 92. And of a person reconciled to the Pope or See of Rome 186. And minister to him the Oaths of Supremacy and Allegiance 186. Where they must certifie the Oaths so taken 186. To what other persons any two Justices of Peace may give the Oath of Allegiance 243. They may require the offender against 35 Eliz. 2. of Popish Recusants to abjure and may give him the Oath of Abjuration 135. Where they may imprison him who keeps the Arms of a Popish Recusant Convict or hinders their delivery and where not 237 238 239. To whom two Justices of Peace Quorum unus c. may tender and give the Oath of Allegiance 174. 196 197 198. 245 246. 249 250. Where they must certifie the taking of it to the Sessions 174. 249 250. And commit such as refuse to take it 174 175. 250. They have their Election to commit the party to the Assizes or Sessions 175. Where they may imprison a married woman convicted as a Popish Recusant and where not 252 253 254. Four Justices of Peace may grant a Licence to a Popish Recusant to travel beyond five miles 206 207 208 209 210 211. And no less then four 208. Where four Justices of Peace by warrant at their Sessions may seize a Popish Recusants Arms and where not 237 238. What arms they may allow Popish Recusants to have 237. The power of the Justices of Peace in their Sessions revived in the case of Recusancy 66 67. 101. 162. They may now proceed there to convict the Recusant upon Proclamation and default 108. 162. At what Sessions they may hear and determine Recusancy 67. In what case they are to discharge the Recusant 68 69. They may at their Sessions give the Oath of Abjuration on 35 Eliz. 1. of Conventicles 116. And must record and certifie it 116. Where upon Conviction before them they are to give a Certificate to the discoverer of the offender 201. Popish Recusants are to be presented at the Sessions of the Peace 160 161. The Presentments are to be entred and recorded there 161. To whom the Justices of Peace in their Sessions are to minister the Oath of Supremacy 262. 264. 266 267. And the Oath of Allegiance 262. 264. 266 267. They are to tender the said Oath at their Sessions to such as have before refused it 175. 250. And are to commit Women Covert till they take it 175. 250. They may there tender it to any of competent age and under the degree of Nobility 175 176. 196. Kin. In what case and how long the next of Kin shall have the Lands and Goods of him who goes beyond Seas without Licence 224 225. Whether he shall have the Lands or only the profits 225. In whom the state of the Land vests 225. The Mother of Kin to the Child and shall be preferred before the Brother or Sister 224 225. Next of Kin or Blood shall be accounted as in the case of a purchase 225. Jus Propinquitatis Jus Representationis 225. Where the next of Kin shall be Guardian and where not 234 235. King See Advowson Baron Feme Courts Forfeiture Informations Pardon The King is the supream Head of the Church of England 2. 5 6 7. Ecclesiastical Jurisdiction restored to the Crown 5. The Kings ancient Ecclesiastical Jurisdiction 5 6. The King is Persona mixta unita cum Sacerdotibus 6. He is the supream Ordinary 6 7. He is Arbitrator between spiritual Persons touching their Jurisdiction 6. He may do what the Pope might by the Canon Law 6 7. He may grant a Commission of Review notwithstanding 25 H. 8. 19. 7. He may make an Appropriation without the Bishop 7. A resignation made to him of a Deanry good 7. The Penalty for perswading others to impugne his power in cases Ecclesiastical 113 114. He cannot be nonsuited 80. Covin shall not bar him 79. 105 106. An Audita Querela lies not against him 148. King where it includes his Successors 95. Who is a mans natural King 185. Within what time the King is to prosecute upon poenal Laws 74 75. 121 122. Where he is barred of the Forfeiture and where not 79. 81 82. 253 254 255. The Recusants remedy upon his Conformity as to the King 148. Where the King may pardon release c. the Forfeiture upon a poenal Law and where not 80. How he may grant a Recognisance or Obligation forfeited 106. He cannot grant the Penalty on a poenal Law to a Subject 165. Action of Debt c. given to the King 120. In what Courts the King may sue for the Penalties given him by 23 El. 1. 122. Where the Penalty for Recusancy shall run on and be appropriated to the King and where not 102 103 104. 166 167 168. 219. 252. 254. The King may seize two thirds of a Recusants Lands presently after Conviction 168. Election given to the King to take the 20 l. per month or two thirds of a Recusants Lands 170 171. 173. 219. But he shall not have the two parts and the 20 l. per month both 219. Where the King having seized an Advowson as part of his two parts shall present and not the