Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	fee_n	lord_n	tenant_n	2,248	5	9.7444	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01231	The lavviers logike exemplifying the præcepts of logike by the practise of the common lawe, by Abraham Fraunce.	Fraunce, Abraham, fl. 1587-1633.; Ramus, Petrus, 1515-1572. Dialecticae libri duo.	1588 (1588)	STC 11344; ESTC S102621	196,200	330

that some would not haue bondmen villeins in grosse as ye would say immediately bond to the person and his heires but ascriptitios glebae or agris censitos and villeins regardant and bond to the manor or ground as members belonging to the place and following him who had the place to the intent their seruice might bée furnished and that the country béeing euill vnwholesome and otherwise barren should not be desolate Others afterwards found out the wayes and meanes that not the men but the land should bée bound and bring with it such bondage and seruice to him that occupyeth it as to carry the Lords dunge vnto the fieldes to plow his ground at certeine dayes sowe reape come to his court sweare faith vnto him and in the ende to holde the land but by the copy of the Lords Court roll and at the will of the Lord. This tenure is called also in our Law villeine bond or seruice tenure Yet to consider more déepely all land euen that which is called most frée land 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 seruitutibus praediorum rusticorum vrbanorum but the lande dooth bring a certeine kinde of seruitude to the possessor For no man holdeth lande simply frée in England but he or she that holdeth the crowne of England all others holde their land in fée that is vpon a fayth or trust and some seruice to another Lord of a mannor as his superior and he againe of a higher Lord till it come to the prince and him that holdeth the crowne So that if a man die and it bée founde that he hath lande which he holdeth but of whom no man can tell this is vnderstood to be holden of the crowne and in capite 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 whome hée holdeth the land His sonne who holdeth the land after the death of his father shal be married where it pleaseth the Lorde He that holdeth the land most fréely of a temporall man for francke almes and francke mariage hath an other cause and nature holdeth by fealtie onely which is hée shall sweare to bée true to the Lord. So that all frée land in England is holden in fée or fedo which is asmuch to say as in fide or fiducia that is in trust and confidence that hée shal be true to the Lorde of whome he holdeth it pay such rents doe such seruice and obserue such conditions as were annexed to the first donation Thus all sauing the Prince bée not veri domini but rather Fiduciarij domini possessores This is a more likely interpretation then the which Littleton doth put down in his booke who sayth that foedum idem est quod haereditas whith it dooth betoken in no language This happeneth many times to them who bée of great wit and learning yet not séene in many tongues or marke not the deduction of woordes which time dooth alter Fides in Latine the Gothes comming into Italy and corrupting the language was turned first into fede and at this daye in Italy they will saye in fide en fede or a la fe And some vncunning lawyers that would make a newe barbarous Latine woorde to betoken land giuen in fidem or as the Italian sayth in fede or fe made it in feudum or fedum The nature of the woord appeareth more euident in those which wée call to feffe feoffee or feoffees the one be fiduciarij possessores or fidei cōmissarij the other is dare in fiduciam or fidei commissum or more Latinely fidei committere The like error is in Wythernam which some interprete vetitum nauium whereas in trueth it is in playne Dutch and in our old Saxou language wyther nempt alterum accipere iterum rapere nâm is pignoris ablatio wyther signifieth altera But to returne thither where wée did digresse yee see that where the persons bée frée and the bodies at full libertie and maxime ingenui yet by annexing a condition to the land there bee meanes to bring the owners and possessors thereof into a certaine seruitude or rather Libertinitie that the tenantes besides paying the rent accustomed shall owe to the Lord a certaine fayth duetie trust obedience and as we terme it certaine seruice as Libertus or cliens patrono which because it doth not consist in the persons for the respect in them doth not make them bonde but in the land and occupation thereof it is more properly expressed in calling the one tenant the other Lord of the fée then either Libertus or cliens can doe the one or Patronus the other for these wordes touch rather the persons and the office and duetie betweene them then the possessions but in our cause leauing the possession and land all the obligation of seruitude and seruice is gone So much haue I collected out of sir Thomas Smith concerning this woord fee. lib. 3. cap. 8. Maister Lambard Iust. lib. 2. cap. 14. Arraignement séemeth to haue borrowed the name out of the woorde Arraye which is the pannell or iurie because hee that is arraigned must be tried by them being first called sworne and tryed in order for that seruice Maister Lambard Iust. lib. 1. cap. 13. This sauing then or deliuery of a person out of prison before hée hath satisfied the law is vttered by three tearmes in our statutes that is to say bailement maineprise or manucaption and repleuine and they bée indifferently vsed to expresse that suretie which the prisoner is to finde in such a case Neuerthelesse it seemeth that a repleuine had his original of the word pledges which denoteth them that vndertake for the partie that hee shall abide to be iustified by lawe and it is vsed in diuers other cases as in repleuine of cattell vpon distresse repleuine of fraunchises in a quo warranto repleuyne of land vpon a grand cape in olde time and repleuine of the person of a man in case of villenage Baylement is deriued from the French terme Bayler and that also commeth of the Gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they both signifiyng to deliuer into hande For hée that is bayled is taken or kept out of prison and deliuered as it were into the handes of his friendes as sureties for him Whereof also the woorde Manucaptio or Maineprise which is all one giueth good euidence the one mentioning the deliuery the other the receyning And in this respect the booke of the Norman customes calleth baylement a liue prison for that the party thereby becōmeth prisoner to his friendes that doo vndertake for him Maister Lambard Iust. lib. 1. cap. 21. As in olde time euerie killing of a man was of the effect called Murder because death ensued of it and of the Hebrew