Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	die_v	heir_n	tenant_n	4,998	5	9.9288	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59100	Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.; Selections. 1683	Selden, John, 1584-1654.; Littleton, Adam, 1627-1694.; White, Robert, 1645-1703.; Selden, John, 1584-1654. Jani Anglorum facies altera. English.; Selden, John, 1584-1654. England's epinomis.; Selden, John, 1584-1654. Of the original of ecclesiastical jurisdiction of testaments.	1683 (1683)	Wing S2441; ESTC R14343	196,477	246

nor upon the death of Arch-Bishop or Bishop or Abbot will I take any thing of the domain of the Church or of the men thereof till a Successor enter upon it And all evil Customs wherewith the Kingdom of England was unjustly oppressed I do henceforward take away which evil usages I do here in part set down 18. If any one of my Barons Counts or others that hold of me shall dye his Heir shall not redeem his Land as he was wont to do in the time of my Father but relieve it with a lawful and due relief In like manner also shall the Homagers or Tenants of my Barons relieve their Lands from their Lords with a lawful and just relief It appears that in the times of the Saxons a Hereot was paid to the Lord at a Tenants death upon the account of provision for War for here in Saxon signifies an Army and that which in our memory now in French is called a Relief Henry of Bracton sayes 't is an engagement to recognize the Lord doth bear a resemblance of the ancient Hereot Thereupon it is a guess saith William Lambard that the Normans being Conquerors did remit the Hereot to the Angles whom they had conquered and stripped of all kind of Armour and that for it they exacted money of the poor wretches To this agrees that which is mentioned in the State of England concerning the Nobles of Berkshire A Tain or Knight of the Kings holding of him did at his death for a Relief part with all his Arms to the King and one Horse with a Saddle and another without a Saddle And if he had Hounds or Hawks they were presented to the King that if he pleased he might take them And in an ancient Sanction of Conrade the First Emperour of Germany If a Souldier that is Tenant or Lessee happen to dye let his Heir have the Fee so that he observe the use of the greater Vavasors in giving his Horses and Arms to the Seniors or Lords John Mariana takes notice that the word Seniors in the Vular Languages Spanish Italian and French signifies Lords and that to have been in use from the time of Charlemain's Reign But these things you may have in more plenty from the Feudists those who write concerning Tenures 19. If any of my Barons or other men Homagers or Tenants of mine I return to King Henry's Charter shall have a mind to give his Daughter or Sister or Niece or Kinswoman in marriage let him speak with me about it But neither will I take any thing of his for this leave and licence nor will I hinder him from betrothing her except he shall have a design of giving her to an enemy of mine 20. If upon the death of a Baron or any other Homager of mine there be left a Daughter that is an Heiress I will bestow her with the advice of my Barons together with her Land 21. If upon the death of the Husband his Wife be left without Children she shall have her Dowry and right of Marriage as long as she shall keep her body according to Law and I will not bestow her but according to her own liking And if there be Children either the Wife or some one else near of kin shall be their Guardian and Trustee of their Land who ought to be just 22. I give order that my Homagers do in like manner regulate themselves towards the Sons and Daughters and Wives of their Homagers 23. The common Duty of Money or Coinage which was taken through all Cities and Counties which was not in the time of King Edward I do utterly forbid that henceforward this be no more done 24. If any one of my Barons or Homagers shall be sick and weak according as he himself shall give or order any one to give his money I grant it so to be given but if he himself being prevented either by Arms or by Sickness hath neither given his money nor disposed of it to give then let his Wife or Children or Parents and his lawful Homagers for his souls health divide it as to them shall seem best And in Canutus his Laws Let the Lord or Owner at his own discretion make a just distribution of what he hath to his Wife and Children and the next of kin But at this time and long since Church men have been as it were the Distributors and Awarders of the Goods of such persons as dye Intestate or without making their Wills and every Bishop as Ordinary in his own Diocess is the chief Judge in these cases John Stratford Arch-Bishop of Canterbury saith it and it is averred in the Records of our Law that this Jurisdiction also concerning Wills was of old long time ago in an ancient Constitution intrusted to the Church by the consent of the King and Peers However in what Kings time this was done neither does he relate nor do I any where find as William Lindwood in his Provincial acknowledgeth It is a thing very well known that after Tryal of right Wills were wont to be opened in the Ecclesiastical Court even in the Reign of Henry the Second Ralph Glanvill is my witness contrary to what order was taken in the Imperial Decrees of the Romans And peradventure it will appear so to have been before Glanvill as he will tell you if you go to him although you have quoted by my self some where a Royal Rescript or Order to a High Sheriff That he do justly and without delay cause to stand i. e. appoint and confirm a reasonable share to such an one that is that the Legatee may obtain and enjoy his right what was bequested to him by the Sheriffs help I come back now to my track again 25. If any one of my Barons or Homagers shall make a forfeit he shall not give a pawn in the scarcity of his money as he did in the time of my Brother or my Father but according to the quality of his forfeiture nor shall he make amends as he would have done heretofore in my Brothers or Fathers time 26. If he shall be convicted of perfidiousness or of foul misdemeanors as his fault shall be so let him make amends 27. The Forests by the common advice of my Barons I have kept in mine own hand in the same manner as my Father had them 28. To those Souldiers or Knights who hold and maintain their Lands by Coats of Male that is per fee de Hauberke that they may be ready to attend their Lords with Habergeons or Coats of Male compleatly armed Cap a pee I grant the Plough-lands of their Domains acquitted from all Gelds and from every proper Gift of mine that as they are eased from so great a Charge and Grievance so they may furnish themselves well with Horse and Arms that they may be fit and ready for my service and for the defence of my Realm 29. I restore unto you the Law of King Edward with other amendments

carcerem detrudantur omnia quae ipsius sunt ad fisci commodum seisiantur XXXIII If the instituted Comptrollers fail in that trust committed to them de catallis suis in misericordia Regis remaneant XXXIV An Aid of 5 s. the hide was taken through the Kingdom for collection were Commissions granted and power of conventing the Land tenants and charging them by Oath to make true report of Hides in every Mannor Ad poenam verò Juratorum qui aliquid contra Juramentum suum celaverint in hoc negotio statutum erat quod quicunque Rusticus convictus fuisset de perjurio daret domino meliorem bovem de carucâ suâ insuper responderet de proprio ad opus D. Regis tantum pecuniae quantum fuisset declaratum per suam perjuriam fuisse celatum Si verò liber homo by the opposite of the title Rusticus I conceive generally Tenants in ancient demesne which are not allowed the addition of Freeman and Copyholders convictus fuisset esset in misericordià Regis insuper refunderet de proprio ad opus D. Regis quantum fuerit per eum celatum sicut Rusticus XXXV Statutum fuit quod quilibet Baro cum Vicecomite faceret districtiones super homines suos si per defectum Baronum districtiones factae non fuissent caperetur de dominico Baronum quod super homines suos restaret reddendum ipsi Barones ad homines suos inde caperent libera feoda Ecclesiarum parochialium de hoc Tallagio excipiebantur omnes excaet Baronum quae fuerunt in manu Domini Regis communicaverunt XXXVI Serganteriae D. Regis quae non erant de feodis militum excipiebantur Take it of Graund or petit Serjeanty and it fully accords with some Term Books of later times allowed and published Capitula Placitorum Coronae D. Regis WHereof Hugh Bardulph Roger Arundel and Geffrey Harset Justices in Eire through the Northern parts held Plea XXXVII De omnibus assisis de magnis assisis usque ad X. libratas terrae infrá XXXVIII De Advocationibus Ecclesiarum capiantur coram eis electiones magnae assisae per mandatum D. Regis vel ejus capitalis Justittae XXXIX De Ecclesiis vacantibus vel non vacantibus quae fuerunt de donatione D. Regis XL. De Excaetis D. Regis XLI De Donationibus de valectis puellis quae sunt vel esse debent in donatione D. Regis de valentiis terrarum suarum si quis eorum vel earum sit maritatus inquiratur cui per quem à quo tempore XLII Quae viduae non finierunt pro se maritandis finis capiatur ad opus D. Regis XLIII De Serganteriis D. Regis quis ea habet per quem quantum valent qui finem non fecerunt ad auxilium Domini Regis look before in art xxxvii qui fecerunt finis capiatur XLIV De usuris Christianorum eorum catallis qui sunt mortui XLV De illis qui sunt in misericordiâ Regis non amerciati XLVI De purpresturis D. Regis XLVII De viis D. Regis estreciatis XLVIII De thesauris inventis XLIX De malefactoribus eorum receptoribus L. De fugitivis retatis reversis post ultimam assisam LI. De omnibus ponderibus mensuris ulnis renovatis si IV. homines refer hither the xxxii Article qui sunt attornati ad haec custodienda in unaquâque villâ fecerint quod inde statutum est si attachiaverint transgressores illius assisae si non attachiaverint prout debent puniantur sicut ipsi transgressores LII Totum vinum illius qui vendidit contra assisam capietur ad opus D. Regis praetereà Dominus vini venditores sint in misericordiâ Regis LIII Of defaults in the Commissioners appointed for levying the aids LIV. De Custodibus portuum maris si quid receperunt quod non reddiderunt si mercedem aliquam receperunt pro jure Regis retinendo si quis aliquid receperit qui non fuerit ad hoc attornatus The Justices of the Forest H●gh of Nevill chief Justice Hugh Wac and Ernise of Nevil made their Circuits authorised by the King's Commission that in every County where they were to pass they should call before them ad placita forestae Archbishops Bishops Earls Barons all Free-holders the chief of every Town and IV. Yeomen ad audienda praecepta Regis Haec est assisa D. R. haec sunt Praecepta de forestis suis in Anglia facta per assensum Consilium Archiepiscop Episc Abbat Comit. Bar. Militum totius regni LV. THat none should trust in hope of easie composition for offences touching Venison or other matters of the Forest but that Justice should be done to the Convict qualis facta fuit tempore Henr. avi patris D. Regis viz. ut amittant oculos testiculos LVI That none presume to keep Bowes Arrowes Grey-hounds or other Dogs in the King's Forest nisi habeant ipsum R●gem ad Warrantum suum vel aliquem alium qui eum possit inde warrantizare LVII Quod nullus donet vel vendat aliquid ad destructionem bosci sui vel ad wastum quae sit infrà forestam Regis sed concedit bene quod capiant de boscis suis quod necesse eis fuerit sine wasto hoc per visum forestarii sui viridariorum suorum LVIII Quod omnes illi qui boscos habent infrà metas forestae D. Regis ponant idoneos forestarios in boscis suis de quibus forestariis ipsi quorum bosci fuerint sint plegii vel tales inveniant plegios idoneos qui possunt emendare si forestarii in aliquo forisfecerint quod D. Regi pertineat LIX That the King's Foresters take special survey lest other Mens Woods intrà metas forestae be destroyed sciant benè illi quorum bosci fuerint quòd de ipsismet vel de eorum terris capietur emendatio non de alio LX. Quod sui forestarii jurent quod secundùm omne posse suum tenebunt ejus assisam qualem eam fecit de forestis suis quòd non vexabunt milites neque probos homines de hoc quod D. Rex iis concessit de boscis eorum LXI That in every County where he hath Venison there be placed XII milites ad custodiendam venationem suam viride in forestis suis quod IV. milites ponantur ad adgistandos boscos suos ad recipiendum pannagium suum custodiendum defendendum LXII Quod nullus adgistet boscos suos infra metas forestae I think you had need translate metas into regard oft-times among these Orders antequam bosci eorum adgistentur Et est sciendum quod incipit adgistamentum D. Regis XV. Dies ante Festum

might have gained Jurisdiction over all personal Legacies under colour of such as were given in pios usus But perhaps it will not be admitted for probability enough that any part of the Code being of the Imperial or Civil Law was ever so received here in England as that it could induce any alteration touching the Jurisdiction of the Crown that is touching this Extrinsecal Jurisdiction which as is shewed did belong to the Temporal Courts but whosoever will not admit of any such conjecture must yet remember that presently from King Stephen's time when the Civil Law was new born into the light it having lain forgotten by the space of Six Hundred years before in the Western Empire the Code and other parts of that Law were familiarly read by our English Lawyers and I think as well by our Common as Canon Lawyers to omit that Case of Mabile of Franchiville wherein it seems a special regard was had to the Civil Law that permits not a meer Bastard and Succession ex Testamento against a lawful Heir of Blood for otherwise how could Richard the Uncle's Institution as it seems by a former Will have made colour of right for him against the latter Will which Mabile pretended unless he relyed upon her being a Bastard But I should think it probable enough that the Original of this Jurisdiction for Legacies was out of the Canon Law And that especially from that Canon Si haeredes c. before cited for although the Decretals wherein it stands now authorized for a general Law were first published but in 24 H. 3. by Gregory the Ninth and that we see by infallible testimony already brought that Legacies before that time were recoverable in the Spiritual Court yet by likelihood that very Canon was inserted in all or some of those eight more ancient Compilations of the Canons authorized by some former Popes which is the more probable because we find it also in Burchard and so it might be long before sufficient ground of this Extrinsecal Jurisdiction in the Ordinary but I sought here for Authority more than I durst be bold in conjectures which I leave to every mans judgement PART II. OF THE Disposition or Administration OF Intestates Goods CHAP. I. In whom it was in the time of the Saxons IN the Saxons time it was in the Lord of him that dyed understand the Chief Lord in case the Intestate were a Tenant and dyed at home in peace But in case he were no Tenant or dyed in his Lords Army then it was it seems as other Inheritance under the Jurisdiction of that Temporal Court within whose Territory the goods were This may be proved out of the Laws of that time which ordain that upon the death of an Intestate whom they call cwiale awe the Lord is only to have the Heriotts due to him which are also appointed by the Laws of the same time That by his the Lords advice or judgement his the Intestates goods be divided among his Wife and Children and the next of Kin according as to every one of them of right belongs that is according to the nearness of Kindred if no Children or Nephews from them be for it must I suppose be understood that the succession was such that the Children excluded all their Kindred and of their Kindred the next succeeded according to that in Tacitus of his Germans whose Customs were doubtless mixt with our English Saxons haeredes sayes he successoresque sint cuique liberi nullum Testamentum But it seems Christianity afterward brought in the free power of making Testaments amongst them Si liberi non sunt proximus gradus in possessione fratres patrui Avunculi But this is exprest only in case the Tenant dyed at home and in peace for if he dyed in his Lords Army both the Heriott was forgiven and the Inheritance both of Goods and Lands was to be divided as it ought which was it seems by the Jurisdiction of the Temporal Court within whose Territory the Death or Goods were for in that case it is not said that the Lords Judgement was to be used but that the Heirs should divide all or as the words in the Confessor's Law are habeant h●redes ejus pecuniam terram ejus sine aliqua diminutione recte dividant interse where the right of the Heir both to Lands and Goods is expresly designed but the Judge that should give it them not mentioned Therefore it seems it remained as other parts of the Common Law under the Temporal Jurisdiction as by the Civil Law it is under the Pretors CHAP. II. In whom after the Normans until King John's time UNtil King John's time it seems the Jurisdiction over Intestates Goods was as of other Inheritance also in the Temporal Courts yet no sufficient Testimony is found to prove it expresly only when the Common Laws of those times speak of Intestates they determine the succession by like division as those of the Saxon times In Laws attributed to William the First we read Si home morust sans devise si departent les Infants l'erite inter sei per ovell And afterwards in H. 1. Laws si quis Baronum vel hominum meorum praeventus vel Armis vel infirmitate pecuniam suam nec dederit nec dare disposuerit uxor sua sive liberi aut Parentes legitimi homines sui pro anima ejus eam dividant sicut eis melius visum fuerit Here is the first mention as I remember of any thing occurring in our Laws or Histories of the disposition of the Intestates Goods pro anima ejus which indeed might have been fitly subjected to the view at least of the Church But no mention as yet being of any Ecclesiastical Power that tends that way I rather think that heretofore no use or practice was of Administration committed direction given or medling with the Goods by the Ordinaries but all was by the Friends or Kindred juxta Consilium discretorum virorum as the words are in the Statutes made for such as should dye in the Holy War with Richard the First Neither doth that of Glanvill which was written under H. 2. tell us of any thing of the Ordinaries Power in this case although it hath express mention of Testaments and the Churches Jurisdiction of them Indeed we there find that if no Executor be named then possunt propinqui consanguinei Testatoris take upon them the Executorship and sue in the Kings Court against such as hinder the due payment of Legacies which also agrees well enough with that before cited out of the Laws of H. 1. Neither is there in Gualter Mapes his Apocalypsis being a bitter Satyr against the Abuses of the Spiritual Courts in Henry the Seconds time nor in John of Salisbury's Epistles that have many particulars of the exercised Jurisdiction of the Church any thing occurring that touches upon any Ecclesiastical Powers of this nature