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	husband_n	tenant_n	2,787	5	10.2769	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59386	Rights of the kingdom, or, Customs of our ancestors touching the duty, power, election, or succession of our Kings and Parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the British, Saxon, Norman laws and histories, with an occasional discourse of great changes yet expected in the world.	Sadler, John, 1615-1674.	1682 (1682)	Wing S279; ESTC R11835	136,787	326

his Priviledges was to be free from the Justies of either Bench and of Assize Which is one of the first Records for the antient Benches But it may not be impossible to trace them thorow some Elder times For the Saxon Law so often repeated and confirmed that none should complain to the King but want of Right or against summum jus at Home might in modern Language be translated Thus. The Writ of Right must abide the Baron or Bayliffe For it cannot fall to a Copyhold Steward except the Lords default or consent or the Tenants suit procure a Tolt to lift it up to the County Court Or a Pone place it in the Common Pleas. That such a course was antient may be gathered from the Mirror Asser and others of Alfred Edgar Canute Ethelred and of the Tolt before in King William To which I may add the Writ of Right in the third Book of Reports brought by I. de Beverlace against Walter of Fridastern and by a Tolt removed from the Court Baron to the County and for default of the Baron how it must be falsified we may touch anon it was concluded before Ranulph de Glanvil Sheriff of Yorkshire Glanvil is clear enough for the course of removing to higher Courts and of the Writ de Pace stepping between the Combat on the Writ of Right and Assize Coram justitiis in Banco sedentibus and although this Book intituled Glanvil was not written till about Henry the 2d yet it is plain enough that he speaketh of Antient Custom His words are very considerable The grand Assize saith he is a Royal benefit granted by the Parliament Clementia principis de Concilio procerum populis indultum as being that which saved blood and did oft prevent the Combat on the Writ of Right and of this he speaketh in the third of the same Book as of a very old and antient Custom Secundum jus consuetudinem Regni antiquam A weighty expression from so antient an Author which may possibly lead us higher than the Saxon times For we may find the Duel or Combat among the Gaules from British Druides as among the Germans also whence our Fathers came Nonnunquam etiam armis de principatu contendunt So of the Gauls or British Druids He that was like to know it and of those and Germans Tacitus and Diodorus Siculus before Aventinus Some observe it in the Salique Law and among the Laws of Charlemaign and that the Longobards did bring it into Italy where it was also setled by Law But of our Ancestors combats in another place I know not any Fines upon Record till Richard the First But Stowels Case in Plowden may inform us that they were before the Norman And we need not doubt the Books of Edward the third speaking of Benches settled in Henry the first but I do not remember the phrase of Capitalis Iusticiarius noster till great Charter which repeateth elder Customs Goodwin the famous Earl of Kent among the Saxons had two Sons that in as good an Author as Huntington are stiled Regni Iusticiariis the phrase is common in Hoveden and others of the times of Clarendon Assizes And K. Edgar had a Cosin Ailwin who was totius Angliae Aldermannus which is supposed Lord Chief Iustice by a Learned man besides the best though yet imperfect Glossary But it might denote the Lord High Constable Of which before in William the first And William the 2d found great Odo of Baieux setled L. Ch. Justice of England Iusticiarius totius Angliae So Matth. of Westminster and Huntingdon calleth him Iusticiarius and Princeps and Moderator totius Angliae in Wigornensis He is Custos Angliae And the phrase of Iusticiarius is also in Matth. Paris of William the first Iusticiarii in Banco Regio of after times as also placita de Nova disseissena before Justices in Eyre But he speaketh of placita lethifera the Pleas of Life and Death yea even in Bishops Courts about the Normans coming in But in Polydore we find out 4 Terms with divers other elder Customes ascribed to the first Norman But that which he addeth of the place for these Courts to be at the Kings appointment might be true till the Law fixed the Pleas which may be long before our Charter of Henry 3d. where it is confirmed not created But for the Kings Bench the Return was coram Nobis ubicunque c. and for the Pleas coram Iusticiariis nostris apud Westmon That which Virgil addeth of the Iudges in Westminster and of those higher beyond appeal and of Iustices of Peace setled by the Conqueror as he saith Sheriffs were in every County may be more considered For it may be as much too late as some have thought it too early They which presume to make K. Henries Cubit the first Standard of Winchester must refute the old Saxon Laws of which before For those may seem to deserve as much credit as Malmsbury other marks That he did confirm the Curtesie d' Angletterre I may yeild to the Mirror and other Authors but not that he first began it For the Statute of Kentish Customs and those that treat of Gavel-kind may shew us an Older Tenure by Curtesie there also where the Tenant had no Issue And this may teach us whence the like Custom came into Ireland as also to be Curialitas Scotiae which our master seemeth to forget when he saith Que ne'st use en auter Realm forsque tant solement en Engleterre But his Commentator he lyeth in this and in divers other things In case Entails this English Curtesie is very remarkable in which the Book of Cases have great diversity But those that perswade us there was no Land in Tayles before the 2d of Westminster in King Edward the first which are all that subscribe to Littleton must interpret the Laws of King Alfred much otherwise than I can do For the 37th Chap. of his Laws is to me much clearer for Lands Entail'd then is all the Statute de Donis Conditionalibus One Case of the Courtesie may be considered for the Militia If Land in Capite descend to a Woman who upon Office found intrudeth on the King and taketh an Husband and by him hath Issue and then dieth yet cannot the King eject or detain the man but he shall be Tenant by the Kingdoms Curtesie although he came in upon Intrusion Which seemeth to hint that Our Law did chiefly intend the Kingdoms good defence and service which might be performed by such an intruder rather than the Kings pleasure or his bare Prerogative in this which is thought so great a Prerogative of Tenure in Capite For which the Comments on Magna Charta and the Statute of Prerogative with Littletons Dower and Curtesie are clear enough To Henry the first they also ascribe the Curtesie of saving the wreck from his Exchequer if there were so much as a Cat or a breathing Creature let in the Ship I do not deny him to be

Parliamento personaliter Existentibus And the Title of these Acts is Statutae Canuti Regis Angl. Dan. Norw venerando Sapientum ejus Concilio ad Laudem Gloriam Dei sui Regalitatem Reipub. Utilitatem Commune Commodum habita in S. Nat. D. apud Winton c. This I find also cited by the great Judge in one part of his Reports but fuller by Sir Henry Spelman It would be tedious and superfluous to cite the Authors that assert he did confirm King Edgar's Laws in full Parliament For which we might produce some better or at least much older than good Bale or Grafton Many of his Acts of Parliament are printed Consultum quod Canut Angl. Dan. Norw Rex Sapientum Concilio Wintoniae Sancivit Here Allegiance or Fealty setled by Parliament and afterwards Praecipimus uniuscujusque Ordinis singuli Muneris atque Officii sui Religionem Diligenter cauteque teneant And among other Encouragements to Chastity this is one That such chast men of God should enjoy the same Rights or Priviledges with Thanes and Ethelstane's Laws do equal Priests with Thanes But there are two or three degrees of Thanes in these Laws about the Hereots for the Eorles and Thanes c. much to be marked as pertaining to the Militia For which and for all Canutes Laws the old MSS. Huntingdon is worth perusal Again we find other Statutes Civil or Politick Sapientum adhibito Consilio Mid Minan Witenan raede that Man heald ofer eall Englaland With provision against Thieves Robbers for the Peace Hue and Cry c. There are Statutes also for repair of Burgs and Bridges Scyrforhinga praefidii fiat apparatus Terrestis ac Maritimus quoties ejus Muneris Necessitas Reipublicae obvenerit And presently after Quae ad Reipublicae pertinent Vtilitatem Among the Crown-Prerogatives Violata Pacis Divitatae Militiae Mulcta Sheriffs Turns Hundreds and Tythings are here confirmed and the twelve-year-old Fealty with views of Frank-pledge But this Oath was to the Kingdom rather than to the King Fidem det omni se in posterum aetate tum Furti tum Furti Societate Conscientià temperaturum Again of passing Ordeals Sythan tha Gemot waes on Winceaster since the Parliament at Winchester this being at Oxford at after Iussum vero ac Placitum hoc Nostrum si Praepositorum aliquis incuriâ omiserit aut exequi aspernabitur ex Nostrà Omnium Sententia Regi 120 s. Dependito A clear Parliament Si quis alium injustè armis spoliavit eam quae est loco Colli obstricti Mulctam Dependito Healsfange It is also in the same Laws the punishment of false Witnesses Some think it the Pillory some worse as the Original of that Proverbial Letany From Hell and from Halefax See K. Hen. Laws and Helfang Si quis in Militiâ perfectione Militari pacem violaverit vita vel Weregild Mulctator si quid rapuerit pro facti Ratione compensato Si quis Pensionem ad oppida pontesve reficiendos denegarit Militiamve subterfugerit dato is Regi 120 s. Again in those Statutes The King must live upon his own Feormians or Farms which in Saxon afford all needful for man and none may be compelled to give him any Maintenance That the Folk be not burthened It is the 67th Chapter Loss of Dower or Joynture to Widows marrying within twelve months might seem hard but so long she need not pay any Heriot And the same Laws free the Wife from her Husbands Theft although found with her except it be lockt in her Hord Chest or Tyge Dispensae arctae Serinii Of which that Law giveth her leave to keep the Keys But Ina's Laws are hard concerning Children Again for the Militia He that in Sea or Land-fight leaveth his Lord or Comrague Felugo must die as a Traytor his Boocland to the King other 〈…〉 Estate to his Lord. But of him that dieth fighting with his Lord without any Heriot the Heirs may enter and Scyftan hit swithe righte Of this shift-Shift-Land and Gavelkind Lambard in Terra Scripto Perambulation of Kent and Spot of Canterbury besides several Acts of Parliament in Edw. 1. Edw. 3. and Hen. 8. If Celeberrimus ex omni Satrapia Conventus which is there and by King Edgar also to be twice a year or oftner be Parliament as such great men have thought then have we much here also for Power and Priviledge of Parliament Nay more indeed if it were but the Grand Folemoot or Sheriffs Turn so much below a Parliament He that in such a Grand Moot had defended and maintained his Right and Plea to any Land is there setled without dispute for his life and his Heirs or Assigns as his Will should dispose Chapter 76. And again for Priviledge of Parliament or yet lower Sive quis ad Comitia profiscator sive revertatur ab eisdem from Gemote or to Gemote placidissima pace fruitur nisi quidem furti fuerit manifestus Theof Thievery founded more with them than now with us For their twelve-year-Oath of which before at Frank-pledge was onely against Theof which yet seemeth to intend all above it for what forbiddeth the less forbiddeth the greater much more One thing more I may observe through all these and other old Laws there is still so much Religion and plain-hearted Simplicity with Piety expressed that it shews our Ancestors had not yet learned to be ashamed of their God or of looking towards Heaven I have been the longer in these that so I may be the more brief in those that follow for by this time I am come to the Laws of St. Edward as he is called and I should mispend my own time and abuse others in vouching all the Demonstrations of Parliaments in his time His Charters to Westminster are near enough and may be known of all wherein he confesseth his Resolutions for going to Rome But Optimates Communi habito Concilio rogabant me ut ab intentione desisterem his Vows made him more pressing than else he should have been But these also his Parliament undertook to satisfie Et tandem utrisque placuit so he speaks ut mitterentur Legati c. While these stayed at Rome procuring his Absolution a Vision to a Monk commandeth repairing or refounding of St. Peters Westminster as antient as Austin the Monk I cannot omit a passage in one of the Popes Letters of that time telling the King That he must expect great Motions and Alterations for the World was near its great Change and the Kingdom which he calls Sanctorum Regnum foretold in the Scripture was coming to begin and never should have an end King Edward refers it to the Parliament and at length Cum totius Regni Electione they are his own words he sets upon the decayed Minster Which he rebuilt with the Tenth of his whole Estate and there reposed the Reliques which the Popes gave to King Alfred at his Consecration with this grand Priviledge of Refuge and Pardon to any that fled

with the Statutes of King William after the Saxon Laws I must but run and glance His Charter acknowledgeth his Crown to the Mercy of God and the Common Councel Communi Concilio assensu Baronum Regni Angliae It confirmeth King Edwards Laws with all those Emendations which King William added for the profit of the Kingdom It forbiddeth all Levies nay the Monetagium Commune but what was agreed and setled in King Edwards Reign And the Test of that Charter is by Arch-Bishops Bishops Barons Comitatibus Vice-Comitatibus optimatibus totius Regni Angliae apud Westmonasterienses quando Coronatus fui This was copied out into every County and kept in every Abby So much also we find in Matthew Paris Of his Charter to London I may touch in another place This I must not omit in his Laws Sive agenda proecipiat levia permittat hortatur maxima vitanda prohibeat yet still the Laws must be Manifesta Iusta Honesta Possibilis a kind of sacred Tetragram It is the 4th Chapter And the next is the Basis or Foundation of our Law process and of all Judicials In all Causes Accusers Parties or Defenders Witnesses and Iudges be and must be distinct Nec perigrina sint judicia vel a non suo judice vel loco vel Tempore celebrata nec in●e dubia vel absente accusato dicta sit sententia c. Nihil fiat absque Accusatore nam Deus Dominus Noster Iesus Christus Iudam furem esse sciebat sed quia non accusatus ideo non abreptus Testes Legitimi sint presentes absque ulla imfamia vel suspicione vel manifesta Macula Recte Sacerdotes accusare non possunt Laicos Nec oportet quemquam Iudicari vel dampnari priusquam Legitimos Accusatores habeat presentes Locumque Defendendi accipiat ad abluenda crimina c. And again Pulsatus ante suum judicem si voluerit causam suam dicat non ante suum Iudicem pulsatus si voluerit taceat Si quis Iudices suspectos habeat advocet aut contradicat Appellantem vitiatam causam appellationis Remedio sublevantem non debet afflictio vel detentionis injuriare Custodia Unusquisque per PARES suos Iudicandus est ejusdem Provinciae Quicquid adversus Adsentes vel non a suis judicibus penitus evacuetur Chap. the 5th and the 31th Iuramentum debet habere Comites Voritatem Iustitiam Iudicium si ista defecerint non juramentum sed perjurium est Qui per lapidem falsum Iurat perjurus est Deus ista accipit sicut ille cui juratur accipit Iuramenta filii filiae nesciente Patre vota Monachi nesciente Abbate juramenta pueri irrito sunt Are These the Laws of England or of Nature rather These we owe to Beauclerck which he owed much to Cambridge See Malms of Plato's Kings Touching the Militia beside that in General confirming King Edwards and King Williams Emendations There are some particular as of Tenants by Knights Service to be freed from Gilds c. That so they might be more ready for the Defence of the Kingdom and in it the Kings Service This agreeth with the old Writ de essend Quiet de Tallagio Which the Tenant in Chivalry might require of Right And Tenants in Dower or Widows had the like Priviledge of which the Old Register natura brevium That also of Edgar or Canute for Cowards in Land or Sea-fight is renued with that of Boocland as before Much also of Helfeng Releifs are agreed and setled For Earls and the Kings Thaynes with others called Meane Thaynes But in some Chapters Thaynes are equal to Barons And all Tenants En chief at Clarendon were stiled Barons and Relief is Cosin German to the Saxon Heriot Being for the Heir or Militia whence Heretoche in King Edwards Laws But the Dutch Here is also Dominus as Senior in so many Nations since the time of Charles the Great And some will have the Saxon Heregeat to be the Her 's Geat or Beast of the Lord or Here which of old was paid before or rather than the Mortuary And from this Here som would derive Haeres So that all Heirs should be Her 's or Lords as Homines were Yeomen You Men or Young Men but Homines in Law as with us Men are Servi Such they say were Yeomen and none Gentlemen but such as came from Barons or at least the Tenants in Capite if not in Antient Demesn But for this see Edw. 1. Tit. Attorney 103 And the Learned Ianus Dane-geld is here also reduced to 12 d. the Hyde as of Old from which it rambled to 3 4 6 8 10 or 12. strict provision is also made for keeping of Arms and against using or lending them for the dammage of Others Nay a mulct is set upon him whose Lance or Sword doth much Trespass though against his will He is to be severely punished that disarmeth any unjustly and must answer all the mischief that ensueth such disarming To this Kings time belongeth the case of William the Kings Chamberlain de Londonia who refused to find a man for the Army as his Tenour required But the Abbot of Abbingdon of whom he held in presentia sapientum in a Witen Moot rem ventilari fecit c. Unde cum Lege Patriae decretum processisset ipsum exortem Terrae merito deberi fieri c. by Friends it was composed and the Tenant enjoyed his Land I find it from Sir Robert Cottons inestimable Treasury cited by Mr. Selden on Hengham Nor can I deny but this with divers other cases might forfeit the Land But as in case of Alienation of such Tenures a Statute of Edward the 3d. provided that the King shall not retain the Forfeits but shall only take a Fine Reasonable which the Chancery must also assess by due Process So is our Law very tender in all cases of Forfeit And among the old Wytes Wardwyte was for the Militia being an acquittance of Mercy to him that had not found a man for the Servise according to his Tenure Of which old Fleta with others The Laws of this King do evince the Tryal per PARES to be long before the great Charter Nor would it be hard to shew it before King Henry and besides all other hints through Elder times the case is well known of Roger Fitz Osborn apprehended by Tiptoft Sheriff of Worcestershire and condemned for Treason in King William the Norman per judicium parium suorum Of which antient Historians before the Commentator on Magna Charta I should not omit King Henry's Charter to the Abbot of Bee confirming his antient Customs and Priviledges prescribed for St. Edmonds time for Grand Assizes c. yet to be found in the Book of Assizes lib. 26. Pl. 24. and in the 3d. or 8th part of the great Reports and in the Comment on Magna Charta cap. 11. but here it is from Ethelred and Edward the Confessor One of

in affirmance of the Common Law As appeareth not only by Bracton and Fleta but by Glanvil who did write before the Charter and by all the Saxon Laws which were the samplers to King Henry the first But how tender our Law hath always been in matters that concern Estate or Liberty may well appear by all the Executions grantable for Debt or Dammages The Merchant and the Staple Statutes are and were by Statute not by Common Law They seem as sweeping Rain and Storms that drive away the Body Goods and Lands in Fee at time of Recognition or accrewing since but none in Tail but during life of him that was the Cognisor Nor Copyhold or Goods or Leases for a Term of years but only what was in possession at the Execution done They are fore-known and therefore may be well avoided by all such as do not choose their own destructions And there is a tender care in Law not only of exact and punctual Recognitions and recording of them but in case of forfeit upon a Certiorari sued forth from the Chancery and not before return thereof a Capias shall be granted on the Statute Merchant for the Body only if it be a Laic and if Laic be not found and so returned into the Kings Bench or Common Pleas then on pauze of divers months the exigent may be awarded But in Statute Staple on the first Return of Certiorari may the Execution issue forth returnable into the Petty Bag of all it seems the worst in this But the Merchants Court Aequitatem summam desiderat although a kind of Peepoudres as Bracton and the Notes on Fortescue Upon a Recognizance a Capias doth not go before a Scire Facias be Returned into the Chancery Then a Capias or a Fieri Facias or an Elegit at the choyce of Cognisee as in other Common Judgements And of these the fieri facias is the mildest and the oldest by the Common Law It toucheth Goods and Chattels only such as are the Parties Own not lent by or Leased to another For although the Sheriff find them in the Parties Use and full Possession as he thinks yet may he be a Trespasser in taking such and so may run the hazard of an Action ere he be aware Nor did the old Levari facias seize the Land but Corn or that which grew thereon An Elegit hath its Name from his Election or his Choice that sues it out Who so concludes himself from other Executions This did come by Statute not by Common Law and toucheth Half the Fee and all the Goods but yet with Salvo to Contenement he must not lose his Oxen or his Cattle for his Plough For then he cannot live and keep his Family So Tender is our Law for all Estates and Livelihood Nay this Extent must not be made by Sheriffs who may not divide a right but by a Iury of Inquest And so must be Returned and preserved on Record as the first Capias with all mean Processe must or else it shall be nothing worth as may appear at large in the fourth and fifth parts of the great Reports Hoes and Fulwood with divers other Cases And the second of Westminster that giveth this Elegit doth require both Extent of Lands and prize of Goods to be Reasonable that is by Inquest of Twelve and so returned of Record As is cleared in the Commentator See also Littletons Parceners A Capias ad Satisfaciendum taketh the Body but it is by Statute only for it did not lye by Common Law in Debt or Dammages but only where the Original Action was for Forceable Trespass Vi Armis Which is Now crept into every Trespass But of this Sir William Herberts Case in the third part of Reports It may be forbidden again by Statute as it was first granted and that justly too for ought I know if other course be taken for the payment of Just and Reasonable Debts For the Capias as now managed is a great mischief and divers times to the utter ruine of the Debttors whole Family And yet but very little advantage to the Creditor except the Debtor escape and so the Sheriff come to pay the Debt or except he dye in Prison and the Plaintiff get an Elegit for the Debtors Goods at his death or half his Fee-Simple which he had at the time of Judgement or after it For an Action for Debt or Dammages doth but respect the Person and the Law attendeth not what Lands were enjoyed at the Original or before the Judgment But an Action brought against an Heir may aim at Land and so may charge it although he Aliene while the suit dependeth Neither shall I need to add that all these Executions must be sued out For this is required by Law except in the Kings Case within one year and a day after Judgment Yet they may be continued after and by a scire facias be renewd or repealed till the Judgment have Full Execution But this was also given by Statute and to this may the Debter plead although he cannot plead against an Execution Yet it may be suspended by a Writ of Errour and Recognizance according to the Statute of Iames and 3 Caroli And without a Writ of Error after judgement if the Defendant have matter to discharge him of the Execution still the Law is open for him And he may relieve himself by a Writ of Audita Querela And in case of Elegit as soon as the Debt is satisfied the Debtor may enter on his Lands again and if he conceive the Creditor satisfied by casual profits he may bring a scire facias upon which the Creditor may clear how much he hath received of the Debtor's Estate Unto this occasional discourse I shall only add that grand maxime of our Law that Executions ought to be more favourable than any other Process of Law whatever Of which the great Judge upon Littletons Releases and the second of Westminster in Edward the First And for Executions for the Kings Debt's restrained by the great Charter I have little to add to the Comment on the eight chapter of that Charter But the twelfth of Articuli super Chartas hath afforded a Writ commanding the Sheriff to accept of Sureties else an Attachment lieth against him or the party may bring an Action against the Shetiff that refuseth Sureties It is a maxime in Law that a mans House is his Castle so that the Sheriff cannot break it open for an Execution But upon a Writ of Seisin or Possession the Sheriff and other Officers upon suspicion of Treason or Felony may break open an House and so also in common Executions where the King is a party But in all such Cases first the Sheriff must request the door to be opened And the First of Westminster doth also require solemn demand of Beasts driven away into a Castle or Fort which is a kind of vetitum nomium which may be regained By Withernam Which Case I cite the rather because of