Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	daughter_n	die_v	fee_n	1,486	5	10.0250	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A05353	A treatise concerning the defence of the honour of the right high, mightie and noble Princesse, Marie Queene of Scotland, and Douager of France with a declaration, as wel of her right, title, and interest, to the succession of the croune of England: as that the regiment of women is conformable to the lawe of God and nature. Made by Morgan Philippes, Bachelar of Diuinitie, An. 1570.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France	Leslie, John, 1527-1596.	1571 (1571)	STC 15506; ESTC S106704	132,510	314

those bookes And yet ye are not ashamed to note them as sufficient authorities for the maintenance of your euil purpose and intēt But as ye would seeme to vnderstand that your rule of dishabilitie is a general Maxime of the law so me thinketh ye should not be ignorant that it is also as general yea a more general rule and Maxime of the lawe that no Maxime or rule of the lawe can extende to binde the King or the Croune vnlesse the same be specially mentioned therein as may appeare by diuerse principles and rules of the lawe which be as general as is your sayd supposed Maxime and yet neither the King nor the Croune is by any of them bound As for example it is very plaine that the rule of the Tenante by the Curtesie is general without any exception at al. And yet the same bindeth not the Croune neither doth extende to geue any benefitte to him that shal marie the Queene of England As it was plainely agreed by all the lawiers of this Realme when King Philippe was married vnto Queene Marie although for the more suertie and plaine declaration of the intentes of King Philippe and Queene Marie and of al the states of this realme it was enacted that King Philip should not claime any Tytle to be Tenaunt by the Curtesie It is also a general rule that if a man dye seased of any landes in Fee simple without issue male hauing diuerse daughters the lande shall be equally diuided amonge the daughters Which rule the learned men in the lawes of this Realme agreed vpō in the lyfe of the late noble Prince Edwarde and also euery reasonable mā knoweth by vsage to take no place in the succession of the Croune For there the eldest enioyeth al as though she were issue male Likewise it is a general rule that the wife after the decease of her husband shal be endowed and haue the thirde parte of the best possessions of her husband And yet it is very clere that any Queene shal not haue the thirde parte of the landes belonging to the Croune as appeareth in 5. E. 3. Tit. praerogat 21. E. 3.9 28. H. 6. and diuers other bookes Bysides that the rule of Possessio fratris beinge generall neither hath bene or can be stretched to the inheritance of the Croune For the brother of the half blood shal succede and not the sister of the whole blood as may appeare by Iustice Moile as may be proued by King Etheldred brother and successor to King Edward the Martyr and by King Edwarde the Confessour brother to King Edmunde and diuers other who succeded in the Croune of England being but of the halfe blood As was also the late Queene Marie and is at this presente her sister who both in al recordes of our lawe wherein their seueral rightes and titles to the Croune are pleaded as by daily experience aswell in the Exchequer as also in all other Courtes is manifest doe make their conueiance as heires in blood th' one to the other which if they were cōmon or priuate persons they could not be allowed in lawe they as is wel knowen being of the halfe blood one to the other that is to wit begotten of one father but borne of sundrie mothers It is also a general rule in the lawe that the executour shal haue the good and Chattles of the testatour and not the heire And yet is it otherwise in the case of the Croune For there the successour shal haue them and not the executour as appeareth in 7. H. 4. by Gascoine It is likewise a general rule that a man attainted of felony or treason his heire through the corruption of blood without pardon and restitution of blood is vnable to take any landes by discente Whiche rule although it be general yet it extendeth not to the discente or succession of the Croune although the same Attainder were by acte of Parlamente as may appeare by the Attainder of Richarde Duke of Yorke and King Edward his son and also of King Henry the seuenth who were attainted by acte of Parlament and neuer restored and yet no dishabilitie thereby vnto Edwarde the fourth nor vnto Henry the seuenth to receaue the Croune by lawful succession But to this you would seeme to answere in your said booke saying that Hēry the seuenth notwithstanding his Attainder came to the Croune as caste vpon him by the order of the lawe forasmuch that when the Croune was caste vpon him that dishabilitie ceassed Wherein ye confesse directly that the Attainder is no dishabilitie at all to the succession of the Croune For although no dishabilitie can be alleaged in him that hath the Croune in possession yet if there were any dishabilitie in him before to receue and take the same by lawful succession then must ye say that he was not lawful King but an vsurper And therfore in confessing Henry the seuenth to be a lawful King and that the Croune was lawfully caste vppon him ye confesse directly thereby that before he was Kinge in possession there was no dishabilitie in him to take the Croune by lawful successiō his said Attainder notwithstanding which is as much as I would wish you to graunt But in conclusion vnderstanding your self that this your reason can not mainteine your intente you goe about an other way to helpe your self making a difference in the lawe betwene the case of Attainder and the case of foraine byrth out of the Kinges allogeāce saying that in the case of the Attainder neessitie doth enforce the succession of the Croune vpon the partie attaynted For otherwise ye say the Croune shall not descende to any But vpon the birth out of the Kinges allegance ye say it is otherwise And for proufe therof ye put a case of I.S. being seased of landes and hauing issue A. and B. A. is attainted in the life of I.S. his father and after I.S. dieth A. liuing vnrestored Nowe the lande shal not descende either to A. or B. but shal goe to the Lorde of the Fee by way of eschete Otherwise it had ben ye say if A. had ben borne beyond the sea I. S. breaking his allegeāce to the King and after I. S. cometh agayne into the Realme and hath issue B. and dieth for now ye say B. shal inherite his fathers Landes Yf the Croune had bene holden of any person to whome it might haue escheted as in your case of I.S. the lande did then peraduenture there had bene some affinitie betwene your said case and the case of the Croune But there is no such matter Bysides that ye muste consider that the King cometh to the Croune not onely by descente but also and chiefly by succession as vnto a corporation And therefore ye might easely haue sene a difference in your cases betwene the Kinges Maiestie and I.S. a subiecte And also betwene landes holden of a Lorde aboue and the Croune holden of no earthly Lorde but

nor wil not be satisfied vnlesse you may for this and all other doubts be by Scripture persuaded lo then I bring to you one authoritie of Holie Scripture to serue al turnes I bring I say noble Debora to decide and determine all this controuersie and contention who you can not denie was the chief and supreme Magistrate ouer the people of God to Gods wel liking and by his owne special gratious appointment She hearde determined and decided al manner of litigious and doubtful controuersies aswel for bargaines and contractes as for doubtes and ambiguities of the law and that not by other Magistrats intermediant but by her selfe personally Erat autem Prophetissa she was a Prophetesse which wordes Origen singulerly wel doth ●ote saying that holie Scripture doth not vse such phrase of speaking of any other of the Iudges least any man should grudge and repine as this frowarde natured man doth at womans regiment Let no man tel me now of the courageous Amazones Let no man tel me of Zenobia the Queene of the Palmeries and bysides her excellent learning of her noble Chiualrie nor of Artemisias that white liuered and cowarde Perses manly wife nor of our manly Voadica nor of any other the wise politike victorious Queenes that we haue before named or of any such like Our Debora shal serue vs one for al. Iabin the King of the Chananees had kept the people of Israel for their sinnes and offences to God twentie yeares in great misery slauery and bondage He had three hundred thousand footemen tenne thousand horsmen and three thousand charnotes seruing for the exploits of his warres This noble Debora sent for Baracke willing him to muster the people and with tenne thousand men to set vpon Sisara ●abins Capiteine But Barac would not go vnlesse she went also Wel saith she I wil go with the. When they should haue buckled Barac and th'Israelites fearing the huge multitude of th' enemies would haue recoiled backe into some safer and surer places Nay saith Debora depart not plucke vp your harts for al is ours And vpō this they incountred with th'enimie and behold there fel sodainly vppon th' enimies faces so vehement a storme of raine and haile that it toke frō them their sight and did so sore beat them that for very cold and weaknes they were not able to hold their weapons in their hands Thervpon being wonderfully discouraged breaking ther aray they toke them to their fete and in fleeing some were slaine by th'Israelits some by their owne horsmen and Chariotes I speake not this of Debora bycause I think warlike matters properly and so well to apperteine to women as to men I know and do wel allow the saying in Homer of Hector to his wife 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I speake it to this purpose only to shewe that a woman may not only haue ciuil regiment in other thinges but may intermedle also when the case requireth with warlike matters and be present with the Armie in the field And this also among other ancient and solemne ceremonies the gyrding of a Queene at her Coronation with a sworde the setting of a paire of spurres to her heeles may wel signifie Whiche Ceremonies though they haue ben vsed from the time of King Edward the Confessour at least and frō the noble Alured and that vpon Kings only except our owne time yet the reason and signification of the same may and doth take place in women Princes also to put them in remembrance to chastice al malefactours with conueniēt iustice Yea with speede to pursue not onely by their vnderofficers but in their owne Roial persons if the necessitie of the time require it their inward and outward enemies Wherein they haue a president in this worthie Debora This Barac of whom we haue spoken by the cōsent of the most part of the expositors of holy Scripture was Deboras husband whereby ye may see that the matrimonial duety of the wise to the husband doth nothing repugne to the publike administration and office of the wife Eche without other may frindly and preaceably agree She may serue al turnes to the contentation of God her husband and the Commonwealth For the respect whereof the said husband being but a member and parcel of the same and as subiect to his wife in that respect as any other she may yea and ought to commaund the said husband and as the case may stand seuerely to punishe his outragiouse behauiour and doinges towardes the said Commonwealth This noble Debora therefore cōdemneth your Conclusion as both vnnatural and derogatiue to holy Scripture Neither wil this euasion relieue you that some of your affinitie for the maintenance of this so wrong an opiniō haue vsed that this is but one bare and an extraordinarie priuileged and personal example hauing none other the like in Scripture And therefore not to be drawen to make therof a rule or president for womanly gouernmēt If this your replie be effectual then farewel the Baptisme of yong children whereof it wil be harde to find more then one if that one example may be found in al the holy Scripture Then farewel a numbre of rights Ceremonies customes and orders aswel in ecclesiastical as in political affaires al which haue but one and some no one exāple at al therein Yet it so being that the vse thereof is not repugnant to the said holy Scriptures they haue ben they are and may wel hereafter be kept vsed and obserued And yet I know no cause but that the worthy Iudith may be another example also who though she were not gouernesse of the Commōwealth at that time but others yet plaied she that parte that seemed moste abhorring and strange to woman kind deuising yea and most manfully and meruelously executing in her owne person the renoumed slaughter of the arrogant haughty and proude Tyrant Holofernes As her stomake and courage was manly and stout in that acte so was she not onely a noble vertuous woman but a marueilous wise womā withal and so was taken and iudged to be of al the people Whereby it wil follow by good reason that in case she had ben the Gouernesse of al the people her gouerment would haue ben as wel profitable to the cōmonwealth as cōformable both to nature and the holy Scripture also Which exāple though it may seeme sufficiēt to ouerthrow your answere be it neuer so artificially forged to Debora yet to refute and refel it vtterly not only by exāples but euen by plaine and ful authoritie of holy Scripture let me be so bolde as to demaund your answer to a question or two First whether if a man seased in lands and possessions dye without issue male his daughter by holy Scripture shal inioy the said landes and inheritance or no In case ye say she shal not the plaine wordes of the scripture euidētly do reproue you If you graūt it thē aske I farder what if any

one rule as a general Maxime is obiected against her And yet the same rule is so vntruely set forth that I can not wel agree that it is any rule or Maxime of the cōmon law of this Realm of Englād Your pretēsed Maxime is whosoeuer is born out of the realm of Englād and of father and mother not being vnder the obediēce of the King of England cannot be capable to inherite any thing in England Which rule is nothing true but altogether false For euery stranger and Alien is hable to purchace the inheritance of landes within this Realme as it may appeare in 7. 9. of king Edward the fourth and also in 11. 14. of king Hērie the fourth And although the same purchace is of some men accounted to be to the vse of the King yet vntil such time as the king be intitled therevnto by matter of Record the inheritance remaineth in the Alien by the opinion of al men And so is a very Alien capable of inheritance within this Realme And then it must nedes fal out very plainly that your general Maxime where vpon you haue talked and bragged so muche is now become no rule of the common law of this Realme And if it be so then haue you vttered very many wordes to smal purpose But yet let vs see fartther whether there be any rule or Maxime in the cōmon Law that may seeme any thing like to that rule wherevppon any matter may be gathered against the Title of the said Marie Queene of Scotland There is one rule of the cōmon Lawe in wordes somewhat like vnto that whiche hath ben alleaged by the Aduersaries Which rule is set forth and declared by a statute made anno 25. of King Edward the third Which statute reciting the doubt that then was whether infants borne out of the allegeance of England should be hable to demaund any heritage within the same allegeance or no it was by the same statute ordeined that al infantes inheritours which after that time should be borne out of the allegeance of the King whose father and mother at the time of their birth were of the feaith and allegeāce of the King of England should haue and enioy the same benefittes and aduantages to haue and carie heritage within the said allegeance as other heires should Whervpon it is to be gathered by dew and iust construction of the statute and hath bene heretofore cōmonly taken that the cōmon law alwaies was and yet is that no person borne out of the allegeāce of the King of England whose father and mother were not of the same allegeāce should be able to haue or demaund any heritage within the same allegeance as heire to any person Which rule I take to be the same supposed Maxime which the Aduersaries do meane But to stretch it generally to al inheritances as the Aduersaries woulde seeme to do by any reasonable meanes can not be For as I haue said before euery strāger and Alien borne may haue and take inheritance as a purchaser And if an Alien do marie a woman inheritable the inheritance therby is both in the Alien and also in his wife and the Alien thereby a purchaser Noman doubteth but that a Denizon may purchase landes to his owne vse but to inherit landes as heire to any person within the allegeāce of England he can not by any meanes So that it seemeth very plaine that the said rule bindeth also Denyzōs and doth only extend to Descētes of inheritance and not to the hauing of any landes by purchase Now wil we then consider whether this rule by any reasonable construction can extende vnto the Lady Marie the Queene of Scotland for and cōcerning her Title to the Croune of England It hath bene said by the Aduersaries that she was borne in Scotland which realm is out of the allegeāce of England her father and mother not being of the same allegeance And therfore by the said rule she is not inheritable to the Croune of this Realm Although I might at the beginning very wel and orderly deny the consequent of your argumēt yet for this time we wil first examine the Antecedent whether it be true or no and then consider vpon the consequent That the Queene of Scotland was borne in Scotlād it must nedes be graūted but that Scotland is out of the allegeāce of Englād though the said Quene and al her subiects of Scotland wil stourly affirme the same yet ther is a great nūber of men in Eng and both lerned and others that be not of that opiniō being lead and persuaded therto by diuers histories Registers Recordes and Instruments of Homage remaining in the treasurie of this Realm wherin is metioned that the Kings of Scotland haue acknowledged the King of Englād to be the superiour Lord ouer the Realme of Scotland and haue done homage and fealtie for the same Which thing being true notwithstanding it be cōmonly denied by al Scotsmen then by the lawes of this realme Scotlād must nedes be accōpted to be within the allegeance of Englād And although sins the time of King Henry the sixt none of the Kinges of Scotlande haue done the said seruice vnto the Kinges of England yet that is no reason in our lawe to say that therefore the Realme of Scotland at the time of the birth of the said Ladie Marie Queene of Scotlande being in the thirtie and fourth yeare of the raigne of our late Souereigne Lorde King Henrie the eight was out of the allegeance of the kinges of England For the law of this Realm is very plain that though the Tenant do not his seruice vnto the Lorde yet hath not the Lord thereby lost his Seignorie For the lande still remaineth within his Fee and Seignorie that notwithstanding But peraduenture some wil obiecte and say that by that reason France should likewise be said to be within the allegeance of England forasmuch as the possession of the Croune of France hath bene within a litle more then the space of one hundred yeares now last past laufully vested in the kinges of Englād whose right and title stil remaineth To that obiectiō it may be answered that there is a great difference betwene the right and title which the Kings of Englād claime to the Realme of Fraunce and the right and title which they claime to the Realme of Scotlande Although it be true that the Kinges of Englande haue bene lawfully possessed of the Croune of France yet during such time as they by vsurpation of others are dispossessed of the saide Realme of France the same Realme by no meanes can be said to be within their allegeance especially considering how that syns the time of vsurpation the people of France haue wholy forsaken their allegeance and subiection which they did owe vnto the Kings of Englande and haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the Realme of Scotlande it is otherwise For