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
A54682	The antiquity, legality, reason, duty and necessity of præ-emption and prourveyance, for the King, or, Compositions for his pourveyance as they were used and taken for the provisions of the Kings household, the small charge and burthen thereof to the people, and the many for the author, great mischiefs and inconveniences which will inevitably follow the taking of them away / by Fabian Philipps.	Philipps, Fabian, 1601-1690.	1663 (1663)	Wing P2004; ESTC R10010	306,442	558

he or his heirs did not unto the Lord or any of his Heirs of whom the Lands were holden his services within two years was upon a Cessavit per Biennium brought by the Lord and no sufficient distress to be found to forfeit the Lands so holden And from no other source or original was derived Escuage for the Tenants by Knight service not attending the King or their Lords in the wars which as Littleton saith was because the Law intendeth and understood it that the lands were at the first for that end freely given them whence also came the Aide to make the eldest Sonne of the King a Knight and to marry the eldest Daughter and the like assistances or duties unto the mesne Lords as gratefull acknowledgements for the Lands holden of them which the Freeholders in Socage are likewise not to deny and were not at the first by any Agreement betwixt the King and his particular Tenants nor likely to be betwixt the mesne Lords and their Tenants when the Lands were given them for that some of the mesne Lords might probably be without Sonne or Daughter or both or any hopes to have any when they gave their Lands and their Grants doe frequently mention pro homagio servicio in consideration only of homage and service to be done And being called auxilia sive adjutoria Aids or Assistances to their Lords who could not be then in any great want of such helps when the portions of Daughters were very much in vertue and little in mony and the charges of making the eldest Son a Knight the King in those dayes bestowing upon all or many of them some costly Furres Robes and the other charges consisting in the no great expences of the furnishing out the young Gentleman to receive the then more martial better used and better esteemed honour of Knighthood were reckoned by Bracton in the later end of the Reign of King Henry the third inter consuetudines quae serviciae non dicuntur nec concomitantia serviciorum sicut sunt rationabilia auxilia amongst those customes which are not understood to be services nor incidents thereof if they be reasonable But were de gratia ut Domini necessitas secundum quod major esset vel minor relevium acciperet and proceeded from the good will of the Tenants to help their Lords as their occasions or necessities should require Et apud exteros saith Sir Henry Spelman non solum ad collocandas sorores in matrimonium sed ad fratres etiam Juniores milites faciendos And with some forreign Nations as the Germans old Sicilians and Neapolitans not only towards the marriage of the Sisters of their Lords but to make also their younger Sons Knights For the good will and gratefull retorns of the Subjects to their Kings and Princes and of the Tenants to their Lords were not only since the Norman Conquest but long before practised and approved by the Britains the elder and most antient Inhabitants of this our Island and other world as is manifest by the Ebidiu or Tributum paid per Nobilium haeredes Capitali provinciae domino the Heirs of the Nobility or great men after the death of their Ancestors to the Lords or chief of the Province like unto as Sir Henry Spelman saith our relief which Hottoman termeth Honorarium a free gift or offering And that learned Knight found upon diligent enquiry amongst the Welch who by the sins of their forefathers and injury of the Saxons are now contented to be called by that name as Strangers in that which was their own Country that that Ebidiu was paid at a great rate non solum è praediis Laicis sed etiam Ecclesiasticis not only by the Laity but the Church-men And being not discontinued amongst the Saxons was besides the payment of Reliefs attended with other gifts and acknowledgements of superiority as well as thanks for Gervasius Tilburiensis in the Reign of King Henry the second when the people of England had not been so blessed and obliged as they were afterwards with the numberless Gifts Grants and Liberties which in the successive Reigns of seventeen Kings and Queens after preceding our now King and Soveraign were heaped upon them found oblata presents gifts or offerings to the King to be a well approved Custome and therefore distinguished them into quaedam in rem quaedam in spem some before hand for hopes of future favours and others for liberties or other things given and granted by the King and the Fine Rolles of King John and Henry the third his Son will shew us very many Oblata's or Free-will Offerings of several kinds which were so greatly valued and heeded as King Henry the third and his Barons in or about the 23 year of his Reign which was thirteen or fourteen years after his confirming of Magna Charta did in the bitter prosecution and charge of Hubert de Burgo Earl of Kent and chief Justice of England demand an Accompt de donis xeniis of gifts and presents amongst which Carucagii or carriages were numbred spectantibus ad Coronam appertaining to the Crown And upon that and no other ground were those reasonable Lawes or Customes founded that the King might by the Laws of England grant a Corody which Sir Henry Spelman ex constitut Sicul. lib. 3. Tit. 18. defineth to be quicquid obsonii superiori in subsidium penditur provisions of victuals made for superiors Et ad fundatores Monasteriorum and to the Founders of every Monastry though by the Constitutions of Othobon the Popes Legat in the Reign of King Henry the third the Religious of those houses were forbidden to grant or suffer any to be granted or allowed è communi jure spectabat corrodium in quovis suae fundationis monasterio nisi in libera Eleemosina fundaretur it belonged of common right to grant a Corrody in any Religious houses of their foundation if not founded in Franke Almoigne disposuit item Rex in beneficium famulurom suorum corrodium c. likewise the King might grant to any of his houshold servants a Corrody in any houses of the foundation of the Kings of England and as many were in all by them granted as one hundred and eleaven which that learned Knight conceived to be an argument that so many of the Monasteries were of their foundation Et issint de common droit saith the learned Judge Fitzherbert in his Natura Brevium and also of Common Right the King ought to have a reasonable Pension out of every Bishoprick in England and Wales for his Chaplain untill the Bishop should promote him to a fitting Benefice Which if the compositions for Pourveyances being reduced into contracts and a lawfull custome were or should be no other then gratitudes may be as commendable and necessary as those well approved Examples of thankfulness recorded in holy writ of Abrahams giving King Abimelech Sheep and Oxen

the comfort of the Lands belonging to a Deanery Prebenda or Prebendship of Lands and other Revenues annexed to the Cathedrals many if not most of which with the Deanerles and Prebendships thereunto belonging as the Deanerie and twelve Prebends of Westminster by Queen Elizabeth were of the foundation and gift of the Kings Royal Progenitors Which comfortable and necessary supports of our Bishops administred by their Clergie are ex antiquo and long agoe resembled by some or the like usages in Ireland where the Coloni or Aldiones such as hold in Socage of the Irish Bishops did besides their Rents and Tributes erga reparationes Matricis Ecclesiae quidpiam conferre give something yearly towards the reparation of the Cathedral or Mother Churches and the Herenaci another sort of Tenants so called did besides their annual rent cibarià quaedam Episcopo exhibere bring to the Bishop certain provisions for his Houshold which was very frequent with the Tenants of Lands holden of our English Abbies and Religious Houses by an inquisition in the County of Tirone in anno 1608. it was by a Jury presented upon oath that there were quidam Clerici sive homines literati qui vocentur Herinaci certain learned men of the Clergy who were called Herinaci ab antiquo seisiti fuerunt c. And anciently were seised of certain lands which did pay to the Arch-bishop or Bishop of the Diocess quoddam charitativum subsidium refectiones pensiones annuales secundum quantitatem terrae consuetudinem patriae a dutifull and loving aid and some provisions and pensions according to the quantity of their lands and custome of their Country and the grants of such lands as appeareth by a Deed of the Dean and Chapter of Armach in Anno Domini 1365. to Arthur and William Mac Brin for their lives and the longer liver of them at the yearly rent of a mark and eight pence sterling una cum aliis oneribus servitiis inde debitis consuetis with all other charges and services due and accustomed had in them sometimes a condition of quam diu grati fuerint obedientes so long as they should be gratefull and obedient unto them Wherefore the Barons Nobility and Gentry of England who did lately enjoy those beneficiall Tenures by Knight-service now unhappily as the consequence and greater charges and burdens upon the people will evidence converted as much as an Act of Parliament in the twelfth year of the Reign of his Majesty that now is can doe it into Socage which were at the first only given for service and assistance of their King and Country and their mesne Lords in relation thereunto and have besides the before recited conditions many a beneficiall custome and usage annexed and fixed unto them and at the dissolution of the Abbies and Religious Houses had much of the Lands given and granted unto them and their Heirs in tail or otherwise with a reservation of a Tenth now a great deal below the value can doe no less in the contemplation of their honours dignities and priviledges received from them and many great favours continued unto their Heirs and Successors from Generation to Generation then doe that in the matter of Praeemption Pourveyance or Contribution towards the Composition or serving in of victuals or Provision for his Majesties Royal Houshold and the honor of his House and Kingdome which their Ancestors did never deny The Lord Maiors of London who doe take and re-receive yearly a payment or Tribute called Ale-silver and the Citizens of London who doe claim and enjoy by the Kings Grants Charters or Confirmations a freedom from all ●olls Lastage throughout England besides many other large priviledges and immunities and the Merchants of England and such as trade and trauell through his Ports and over his Seas into forrain parts and are not denied their Bills of Store to free their Trunks and wearing Clothes and other necessaries imported or exported from paying any Custome and other duties which with many other things disguised and made Custome-free under those pretences for which the Farmers of the Customes have usually had yearly allowances and defalcations would amount unto a great part of the peoples pretended damage by the compositions for Royall Pourveyance should not trouble themselves with any complaints or calculations of it when as both Citizens and Merchants can derive their more then formerly great increase of trade and riches from no other cause or fountain then the almost constant ●esidence of the King and Courts of Justice in or near London and the many great priviledges granted unto them and obtained for them by the Kings and Queens of England The Tenants in ancient Demeasne claiming to be free from the payment of Tolls for their own houshold provisions and from contribution unto all wages assessed towards the expences of the Knights of the Shires or Burgesses sent unto the Parliament which Sir Edward Coke believes was in regard of their helping to furnish the Kings Houshold provisions though since granted to other persons and their services turned into small rents now much below what they would amount unto and many Towns and Corporations of the Kingdome the Resiants in the Cinque Ports and Romney Marsh Universities of Oxford and Cambridge and the Colledges and Halls therein and the Colledges of Winton and Eaton claiming to be acquitted from the payment of Subsidies by antient Exemptions may be willing to pay or bear as much as comes to their share in that one of the smallest parts of duty which is not to be refused by such as will fear God and honour the King And all the Subjects of England who enjoy their Common of Estovers in many of the Kings Woods or Forrests Pannage or feeding of Swine with Acorns or fetching of Ferne from thence Priviledges of Deafforrestations Assart lands Pourlieus and Browse wood and have Common of Vicinage and Common appendant not only therein but in most of his Manors by a continuance or custome of the charity or pitty of his Royal Progenitors and where they have no grant to produce for those and many other favours will for refuge and to be sure not to part with it fly to praescription and time beyond the memory of man and suppose that there was a grant thereof because that possibly there might have been one should not think much to let him pertake of some of their thanks and retributions which will not amount to one in every twenty for all the benefits which they have received of his Royal Ancestors or doe yearly receive of him Nor should forget that God Almighty the maker of heaven and earth giver of all good things and bestower of blessings who fed his people of Israel with Quails in the Wilderness where none were bred Manna where none was either before or since and made the Rocks to yeild water did in his Theocraty or Government of them by his Laws and Edicts written

Aurum Reginae Gold or presents made and given to the Queen in return of their Gifts and favors received from the King Great liberties and priviledges by grants of free Warren Mines Felons and Outlaws goods Deodands Waiss Estraies Fishings Court Leets Tolls and freedom from Tolls to many Cities and people of England granted since the ninth year of the raign of King Henry the third when for the like and some other liberties then confirmed unto them the people of England not having half so much before that time granted unto them as by the bounty and Indulgences of the succeeding Kings and Princes they have had since took it to be no ill bargain to give unto the King for that his grace and favour a Subsidy of the Fifteenth part of all their moveables not loosely rated or much undervalued as their posterities have found the way to do Abundance of Wood and Tymber sold and destroyed by their prodigal posterities which yeelded them as much money as the inheritance of the Lands would have done some of their wives like the story of Garagantuas lusty Mare whisking down with their Tailes whole Woods and great store of Timber in them of two or three hundred years growth A lesser number of servants and retainers and charge of Badges and Liveries especially since the Statutes of 1 R. 2. ca. 7. and 8 E. 4. ca. 2. made against too great a number or the abuse of them when as now many Gentlemen can put a Coachman Carter into one and supply the places of a Servingman Butler and Taylor by one man fitted for all those imployments A great increase of Wool and the price thereof since the Raign of King Edward the third by our quondam flourishing Trade of Clothing untill that our late giddy times of Rebellion had so very much lessened and impaired it Many great Factories or Manufactures of Bays Sayes Serges and Kerseys at and about Colchester Sudbury c. and of stuffs at Norwich Canterbury Sandwich Kiderminster c. erected and encouraged before our long and late unhappy wars and the raign and Rapine of Mechanick Reformers The Lands of Wales greatly improved since the Raign or King Henry the fourth and his severe Laws which denyed them the intercourse commerce and priviledges of England The freeing of some of the Northern Counties as Cumberland Westmerland and Northumberland from the trouble charge and damages of maintaining their Borders against the Scotish formerly and frequent outrages invasions and taking away their goods and cattle by day and by night And the like freedom from the incursions and depraedations of the Welch assured and settled upon the four Shires or Counties of Gloucester Worcester Hereford and Shropshire by the guard and residence of a Lord President of Wales and the Marches thereof Abundance of Markets and Fairs now more then formerly granted so as few or no parts of England and Wales can complain of any want of them within every four or five miles distance Great sto●e of Welch Scottish and Irish-cattel now yearly brought into England when as few or none were heretofore Horses Oxen and Cattel now by Law permitted to be transported into the parts beyond the Seas which were formerly denyed A greater profit made to many private Lords of Mannors by Lead and other Mines c. more then heretofore Many Fruit Trees bearing Apples Pears c. yearly planted and great quantities of Sider and Perry made more then formerly Many Rivers made Navigable and Havens repaired The loss of Cattel and great damages by Inundations of the Sea or the Creeks thereof or of some boysterous and un●uly Rivers prevented by contributions to the making of Sea walls by several Statutes or Commissions for Sewers None or very little trouble or charges before ou● late wars for maintaining of Garrisons c. or by the disorder or Rapines of any of them Our Ships better then in former times secured upon the Sea Coasts by light houses c. Some of our Principal native Commodities as F●llers Earth Leather Hides c. and Corn when it is not cheap prohibited to be exported Divers Statutes restraining Aliens not being Denizend to Trade or keep Shops c. Convenient provisions made for Vicars in case of Churches appropriate The goods of Foraigners to be taxed for the payment of fifteens The breed of large Horses and increase of Husbandry commanded divers Statutes made for the incouragement of Merchants Merchandize and Mariners preservation of Fishing Fuel Cattel and Rivers and against Freequarter of souldiers excessive Tolls Forestallers Regrators Ingrossers and Monopolies Riots Routs and Vagabond Rogues and to relieve the poor All Commotes or unlawful gatherings of money in Wales and the Marches thereof taken away Weights and measures Regulated Depopulations prohibited Many an unjust title in concealed Lands made good by sixty years quiet possession Interest for money lent reduced to a lower rate then formerly and Brokage forbidden No Tillage or errable land to be laid down but as much to be broken up Merchants Strangers permitted to Trade and sell their Merchandize in England and buy and sell things ve●dible and a great improvement of Trade and Merchandize six or seven times exceeding that which was in or before the raign of Queen Elizabeth Fishgarthes in the Rivers of Ouse and Humber ordered to be pulled down The passage upon the River of Severne freed from Tolles imposed by the proprietors of the Lands upon the Banks The bringing of Silver Bullion into England by our English Merchants encouraged the transportation from thence of Gold and Silver without the Kings licence prohibited and the care of the Kings Exchangers untill the disuse of it now of late preventing all abuses in the coyn or money of the Kingdom Merchants Aliens and Merchants of Ireland ordained to imploy their mony received in England upon the Commodities thereof and every Merchant Alien to finde Sureties that they shall not carry Gold or Silver out of this Realm The keeping of great numbers of Sheep by rich men whereby meaner men were impoverished restrained to a certain number Ordinances made for Bakers Brewers and other Victuallers The prices of victuals to be rated and assessed by the Magistrates Rents of houses in Staple-Towns to be reasonable and assess●d by the Maior Great quantities of waste grounds and Commons inclosed and improved A long and happy Peace at home for more then two hundred years Many an Act of Parliament made to prevent or remedy grievances enlarge the peoples liberties and make them the most free and happy Nation in the world si sua bona Norint if they could but be content with their happiness and know how to use it All the Revenues and Estates of the people aswell reall as personal exceedingly and by many degrees improved more then formerly And all manner of Victuals and provisions sold at such excessive rates and prices as would busie our Forefathers with no common or ordinary wonder if they could be alive again