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	hold_v	tenant_n	2,632	5	9.7659	5	true

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

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

for the most part following such diuision as is vsed in London either by thirdes or halfes Our forefathers newely conuerted to the Christian faith had such confidence in their pastors instructours and tooke them to be men of such conscience that they committed that matter to their discretion and belike at the first they were such as would séeke no priuate profit to themselues thereby that being once so ordeined hath still so continued The abuse which hath followed was in part redressed by certaine actes of parliament made in the time of king Henrie the eight touching the probate of testamentes committing of administration mortuaries But to turne to the matter which we nowe haue in hande the wife is so much in the power of her husband that not onely her goods by marriage are streight made her husbandes and she looseth all her administration which she had of them but also where all English men haue name and surname as the Romans had Marcus Tullius Caius Pompeius Caius Iulius whereof the name is giuen to vs at the font the surname is the name of the gentilitie and stocke which the sonne doth take of the father alwaies as the olde Romans did our daughters so soone as they be maried loose the surname of their father and of the family and stocke whereof they doe come and take the surname of their husbands as transplanted from their family into an other So that if my wife was called before Philippe Wilford by her owne name and her fathers surname as soone as she is maried to me she is no more called Philippe Wylford but Philippe Smith and so must she write and signe and as she changeth husbandes so she chaungeth surnames called alwaies by the surname of her last husbande Yet if a woman once marrie a Lorde or a Knight by which occasion she is called my Ladie with the surname of her husbande if he die and she take a husbande of a meaner estate by whom she shall not be called Ladie such is the honour we doe giue to women she shall still be called Ladie with the surname of her first husbande and not of the seconde I thinke among the olde Romans those marriages which were made per coemptionem in manum and per aes and libram made the wife in manu potestate viri wherof also we had in our olde lawe and ceremonies of mariage a certaine memorie as a viewe and vestigium For the woman at the Church dore was giuen of the father or some other man next of her kinne into the handes of the husbande and he layde downe golde and siluer for her vpon the booke as though he did buy her the priest belike was in stéede of Lipripeus our mariages be estéemed perfect by the law of England when they be solemnished in the Church or Chappell in the presence of the priest and other witnesses And this only maketh both the husbande and the wife capable of all the benefites which our lawe both giue vnto them and their lawefull children In so much that if I marie the widowe of one lately dead which at the time of her husbandes death was with childe if the childe be borne after mariage solemnished with me this childe shalbe my heire and is accounted my lawefull sonne not his whose childe it is in deede so precisely wee doe take the letter where it is saide pater est quem nuptiae demonstrant Those waies and meanes which Iustinian doth declare to make bastardes to be lawefull children muliers or rather melieurs for such a terme our lawe vseth for them which be lawefull children be of no effect in England neither the Pope nor Emperour nor the Prince himselfe neuer could there legittimate a bastarde to enioy any benefitte of our lawe the Parliament hath onely that power Although the wife be as I haue written before in manu potestate mariti by our lawe yet they be not kept so streit as in mew and with a garde as they be in Italy and Spaine but haue almost as much libertie as in Fraunce and they haue for the most part all the charge of the house and houshoulde as it may appeare by Aristotle and Plato the wiues of the Gréekes had in their time which is in déede the naturall occupation exercise office and part of a wife The husband to meddle with the defence either by lawe or force and with all forren matters which is the naturall part and office of the man as I haue written before And although our lawe may séeme somewhat rigorous towards the wiues yet for the most part they can handle their husbandes so well and so doulcely and specially when their husbands be sicke that where the lawe giueth them nothing their husbandes at their death of their good will giue them all And fewe there be that be not made at the death of their husbandes either sole or chiefe executrixes of his last wil and testament and haue for the most part the gouernement of the children and their portions except it be in London where a peculiar order is taken by the citie much after the fashion of the ciuill lawe All this while I haue spoken onely of moueable goods if the wife be an enheretrix bring lande with her to the mariage that lande descendeth to her eldest sonne or is diuided among her daughters Also the manner is that the lande which the wife bringeth to the mariage or purchaseth afterwardes the husbande can not sell nor alienate the same no not with here consent nor she her selfe during the mariage except that she be sole examined by a Iudge at the common lawe and if he haue no childe by her and she die the lande goeth to her next heires at the common lawe but if in the mariage he haue a childe by her which is heard once to crie whether the childe liue or die the husband shall haue the vsufruite of her landes that is the profitte of them during his life and that is called the courtisie of Englande Likewise if the husbande haue any lande either by inheritance descended or purchased and bought if hee die before the wife she shall haue the vsufruite of one thirde part of his landes That is she shall holde the one thirde part of his landes during her life as her dowrie whether he hath child by her or no. If he hath any children the rest descendeth streight to the eldest if he hath none to the next heire at the common lawe and if she mislike the diuision she shal aske to be indowed of the fairest of his landes to the thirde part This which I haue written touching mariage and the right in moueables and vnmoueables which commeth thereby is to be vnderstoode by the common law when no priuate contract is more particularly made If there be any priuate pacts couenants and contracts made before the mariage betwixt the husbande and the wife by thēselues by their parents or their friends

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

paying the rent accustomed shal owe to the Lord a certaine faith duetie trust obedience and as we terme it certaine seruice as libertus or cliens patrono which because it doeth not consist in the persons for the respect in them doeth not make them bond but in the lande and occupation thereof it is more properly expressed in calling the one tenaunt the other Lord of the fée than either libertus or cliens can doe the one or patronus the other for these wordes touche rather the persons and the office and duetie betwéene them than the possessions But in our case leauing the possession and lande all the obligation of seruitude and seruice is gone An other kinde of seruitude or bondage is vsed in Englande for the necessitie thereof which is called apprenticehoode But this is onely by couenaunt and for a time during the time it is vera seruitus For whatsoeuer the apprentice getteth of his owne labour or of his masters occupation or stocke he getteth to him whose apprentice he is he must not lie foorth of his masters doores he must not occupie any stocke of his owne nor mary without his masters licence and he must doe all seruile offices about the house and be obedient to all his masters commaundementes and shall suffer such correction as his master shall thinke méete and is at his masters cloathing and nourishing his master being bounde onely to this which I haue saide and to teache him his occupation and for that he serueth some for vij or viij yeres some ix or x. yeres as the masters and the friends of the young man shall thinke méete or can agrée altogether as Polidore hath noted quasi pro emptitio seruo neuerthelesse that neither was the cause of the name apprentice neither yet doeth the worde betoken that which Polydore supposeth but it is a Frenche worde and betokeneth a learner or scholer Apprendre in French is to learne and apprentise is as much to say in Frenche of which tongue we borowed this worde and many more other as discipulus in Latine likewise he to whom he is bound is not called his Lorde but his master as ye would say his teacher And the pactions agréed vpon be put in writing signed and sealed by the parties and registred for more assurance without being such an apprentice in London and seruing out such a seruitude in the same Citie for the number of yéeres agréed vpon by order of the Citie amongest them no man being neuer so much borne in London and of parentes londoners is admitted to be a Citizen or frée man of London the like is vsed in other great Cities of Englande Besides apprentises others be hired for wages and be called seruaunts or seruing men and women throughout the whole Realme which be not in such bondage as apprentises but serue for the time for daily ministrie as serui and ancillae did in the time of gentilitie and be for other matters in libertie as full frée men and women But all seruaunts labourers and others not maryed must serue by the yere and if he be in couenaunt he may not depart out of his seruice without his masters licence and he must give his master warning that he will depart one quarter of a yere before the terme of the yere expireth or else he shalbe compelled to serue out an other yere And if any young man vnmaried be without seruice he shalbe compelled to get him a master whom he must serue for that yere or else he shalbe punished with stockes and whipping as an idlè vagabond And if any man maried or vnmaried not hauing rent or liuing sufficient to maintaine himselfe doe liue so idely he is enquired of and sometime sent to the gaole sometime otherwise punished as a sturdie vagabond so much our policie doth abborre idlenesse This is one of the chiefe charges of the Iustices of peace in euerie Shire It is taken for vngentlenesse and dishonour and a shewe of enmitie if any gentleman doe take an other gentlemans seruaunt although his master hath put him away without some certificate from his master eyther by word or writing that he hath discharged him of his seruice That which is spoken of men seruaunts the same is also spoken of women seruaunts So that all youth that hath not sufficient reuenues to maintaine it selfe must néeds with vs serue and that after an order as I haue written Thus necessitie want of bondmen hath made men to vse fréemen as bondmen to all seruile seruices but yet more liberally and fréely and with a more equalitie and moderation than in time of gentilitie slaues and bondemen were woont to be vsed as I haue saide before This first and latter fashion of temporall seruitude and vpon paction is vsed in such countryes as haue left off the old accustomed maner of seruaunts slaues bondemen and bondwomen which was in vse before they had receiued the Christian faith Some after one ●ort and some either more or lesse rigorouslie according as the nature of the people is enclined or hath deuised amongest themselues for the necessitie of seruice Of the Court which is Spirituall or Ecclesiasticall and in the booke of Law Court Christian or Curia Christianitatis CHAP. 9. THe Archebishops and Bishops haue a certaine peculiar iurisdiction vnto them especially in foure maner of causes Testamentes and legations Tythes and mortuaries mariage and adulterie or fornication and also of such things as appertaine to orders amongest themselues and matters concerning religion For as it doeth appeare our auncestors hauing the common wealth before ordeined set in frame when they did agree to receiue the true and Christian religion that which was established before and concerned externe policie which their Apostles Doctors and Preachers did allowe they helde and kept still with that which they brought in of newe And those things in kéeping whereof they made conscience they committed to them to be ordered and gouerned as such things as of which they had no skill as to men in whom for the holinesse of their life and good conscience they had a great and sure confidence So those matters be ordered in their Courts and after the fashion and maner of the lawe ciuil or rather common by citation libel contestationem litis examination of witnesses priuilie by exceptions replications apart and in writing allegations matters by sentences giuen in writing by appellations from one to an other as well a grauamine as a sententia definitiua and so they haue other names as Proctor Aduocates Assessors Ordinaries and Commissaries c. farre from the manner of our order in the common lawe of Englande and from that fashion which I haue shewed you before Wherefore if I say the testament is false and forged I must sue in the spirituall lawe so also if I demaunde a legacie but if I sue the executor or administrator which is he in our lawe who is in the ciuill lawe baeres or bonorū mobilium