Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	elder_a	son_n	tail_n	1,652	5	10.7045	5	false

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

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

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