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
A68659	A vievv of the civile and ecclesiasticall law and wherein the practice of them is streitned, and may be releeved within this land. VVritten by Sr Thomas Ridley Knight, and Doctor of the Civile Law.	Ridley, Thomas, Sir, 1550?-1629.; Gregory, John, 1607-1646.	1634 (1634)	STC 21055.5; ESTC S115990	285,847	357

doe such service to him and his for the same as is betweene them covenanted or is proper to the nature of the Feude SECT 2. That Feuds are either Temporall or Perpetuall and how OF Feuds some are Temporall some other are Perpetuall Temporall Feuds are those that are given either for terme of a mans life or for yeares or at the will of the Lord for some service done or to be done such as are Annuities given to Lawyers for counsell Pensions given to Physitians for their advise Stipends to any Teacher of Arts and Sciences Fees for keeping of Towres and Castles called by Feudists Castalia and is by Littleton called Castle-ward although by him it is taken for a state of inheritance Perpetuall Feuds are rights which a man hath by grant from the Soveraigne or chiefe Lord of the soyle or territorie to have hold use occupie and injoy honours mannors lands tenements or hereditaments to him and his heires for ever upon condition that the said vassall or partie his heires and successours doe homage and fealty to his Lord his heires and successours for such honours lands or hereditaments and doe him either service in warre according as it is covenanted betweene the Lord and his vassall or such other service as the nature of his tenure doth require or if hee faile therein he shall either finde some other in his roome to doe the same or else pay a certaine summe of money in lieu thereof Although this Tenure by the first creation thereof be perpetuall yet that the soveraignty thereof should not still remaine unprofitable to the first Lord the whole benefit thereof going continually to the vassall or tenant it is provided that the Soveraigne or chiefe Lord the first yeare the heire or successour of the vassall comes unto his land shall have the whole revenue of his livelihood for that yeare or a certain summe of money in token of the returne thereof unto the Lord and the redemption thereof made againe by the tenant which by the Law of the Novels is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and is well nigh the same that wee call livery which every heire that holdeth in Knights service sueth out before he take possession of his land as heire to his Ancestours This Tenure is gotten either by Investiture or by Succession Investiture is the same that we call Creation and is the Investiture what it is Primier grant of a Feude or Tenure to any with all rights and solemnities thereto belonging wherein the homager or feodatarie for the most part upon his knees promiseth faith and allegeance under a solemne oath unto his Lord and his successours Succession is whereby the eldest sonne succeedeth the What is Succession in the Feuds father in his inheritance and if hee faile and have no issue then the next brother and so in order successively and if there be no sonne then the next heire male and if there be no heire male then the land escheats unto the Lord. For the Lumbards from whom the Feuds first came or at the least were chiefly derived from them directing all their policie as the Lacedaemons did to matters of warre had no feminine Feuds among them but after by processe of time there were created aswell Feminine Feudes as Masculine Feuds in so much as where there was no issue male to put them from it women did succeed in the inheritance SECT 3. Of Feudes Regal and not Regal Leige and not Leige and how Feuds may be lost OF Feuds some are Regall some not Regall Regall are those which are given by the Prince only and cannot be given by any inferiour Of these some are Ecclesiasticall as Archbishopricks Bishopricks and such like Others are Civill or Temporall as Dukedomes Earledomes Vicounts and Lords who by that are distinguished from the rest of the people that they haue the conducting of the Princes Armie at home and abroad if they be thereto appointed and haue right of Peeres in making of Lawes in matters of triall and such other like businesses Not Regall are those which hold not immediatly of the Prince but are holden of such Ecclesiasticall or Civill States which haue had their Honours immediatly from the Prince Besides of Feuds some are Leige others not Leige Leige Feuds are they in the which the vassall or feodatorie promiseth absolute fealtie or faith to his Lord against all men without exception of the King himselfe or any other more auncient Lord to whom besides he oweth alleagance or service Of this sort there is none in this Realme of England but such as are made to the King himselfe as appeareth by Littleton in the title of Homage wherein is specially Salve le Foy que je doy à nostre Signour le Roy. Littleton tit Homage excepted the faith which the Homager oweth to his Lord the King Feuds not Leige are such wherein Homage is done with speciall reservation of his faith and alleageance to the Prince and Soveraigne Of such as are Vassals or Leige men some are called Valvasores majores others Valvasores minores Valvasores Vavasors majores are such as hold great places of the state under the Emperour or King as are the degrees of Honour before-named and are called Peeres of the Land who onely gives Nobilitie Valvasores minores are those which are no Peeres of the Land and yet have a preheminence above the people and are as it were in a middle Region betweene the people and the Nobilitie such as are Knights Squires and Gentlemen The Feuds are lost by sundry wayes by default of issue of him to whom it was first given which they call Apertura feodi by surrender thereof which by them is termed Refutatio feodi by forfeiture end that was in two sorts either by not doing the service that his tenure did require or by committing some villainous act against his Lord as in conspiring his Soveraignes death defiling his bed or deflowring his daughter or some other like act treacherous to his Lord unworthy of himselfe CHAP. V. SECT 1. What the Canon Law is in generall What the Decrees are and of how many parts AND so much of the Civile Law the Bookes thereunto pertaining Now it followeth that I doe in like order speak of the Canon Law which is more hardly thought upon among the people for that the subject thereof in many points hath many grosse and superstitious matters used in the time of Papistrie as of the Masse and such other like trumperie and yet there are in it beside many things of great wisdome and even those matters of superstition themselves being in a generalitie well applied to the true service of God may have a good use and understanding What is the Canon Law The Canon Law hath his name of the Greeke word Canon which in English is a Rule because it leads a man straight neither drawes him on the one side or the other but rather correcteth that which is out of

lye That no man build a Church or holy place without the leaue of the Bishop and before the Bishop there say Service and set up the signe of the Crosse That no man in his owne house suffer Service to be said but by a Minister allowed by the Bishop under paine of confiscating of the house if it be the Lord of the house that presumeth to doe it or banishment if it be done by the tenant If any bequeath any thing to God it is to be payed to the Church where the Testator dwelled If any devise by his last Will a Chappell or Hospitall to be made the Bishop is to compell the Executors to perperforme it within five yeares after the decease of the Testator and if the Testator name any governour or poore thereto they are to be admitted unlesse the Bishop shall finde them unfit for the roome That the Bishop see such Legacies performed as either are given for the redemption of prisoners or for other godly uses That Masters of Hospitals make an account of their charge in such sort as Tutors doe That such as lust against nature and so become brutish receive condigne punishment worthy their wickednesse That such as make Eunuches themselves be made Eunuches and if they escape alive their goods to be forfeited to the Exchequer and themselves be imprisoned all the dayes of their life Such as by force steale away women themselves and such as are their abbetters and helpers are to dye therefore and that it shall not be lawfull for her that is carried away to marry to him that doeth carrie her away and that if her father doe give his consent to such marriage he is to be banished but if she marry him without her fathers consent then is shee not to take benefit by her fathers Will or any other thing that is her fathers These and sundry matters of great importance and necessarie for the well governing of a common-wealth are conteined in the Authenticks which I passe over with drie foote not because they are not necessary to be knowne but because I would not cloy the Reader even with those things which are good All these workes are the labour of Justinian as either gathered together by him out of ancient Lawyers bookes and such Emperours decrees as went before him or else were decreed and ordeyned by himselfe as matter and occasion offered it selfe and the youngest of them is neere eleven hundred yeares of age that is within 500. yeares after Christ or not much otherwise CHAP. IV. SECT 1. That the last Tome of the Civile Law is the Feudes and what they are THe last Tome of the Civile Law is the Feudes that is the bookes of Customes and Services that the subject or vassall doth to his Prince or Lord for such lands or fees as he holdeth of him This peece of the Law although it was not much in use in the old Emperours dayes yet Justinian himselfe seemeth to acknowledge them in his Novell constitutions calling them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and those which are more carefull to seeke out the beginning of them bring them some from the ancient Clienteles or retinews the ancient Romans before Christs time had as Budeus doth some other from Alexander Severus time who as Lampridius in the life of Alexander saith gave such lands as hee wonne out of the Enemies hands to his Lords Marchers and his souldiers that they should be theirs and their heires for ever so they would be Souldiers neither should they come at any time to the hands of any private man saying they would more lustily serve if they fought for their owne land which opinion commeth next to the ancient border-grounds of the Romans whereof there is a title in the eleventh Booke of the Code De fundis Limitrophis that is of Border-ground Others referre it over to Constantines time the great who enacted for the benefit of his souldiers that such Lordships and lands as before time they had their wages out of should passe over unto their heires and be appropriated to their familie or stock so that they found and manteined continually a certaine number of souldiers From whence soever it descended this is certaine that it came very late to be a particular volume of the Law it selfe The compilers or gatherers together thereof were Obertus S 〈…〉 〈◊〉 us but specially S● Henry Sp●●mans Glossa●● de Horto and Giraldus Compagist two Senatours of Millaine who partly out of the Civile Law and partly out of the Customes of Millaine drew the same but without forme or order The word it selfe is a barbarous word but had his originall notwithstanding as Isidore saith from the word Foedus being a good Latin word and so is to be interpreted tanquam Feodum that is as a thing covenanted betweene two Others deduce it from the word Fides as it were in Latin Fideum and by a more pleasant pronunciation Feudum whereupon such as are Feudataries to other are called in Latin Fideles because they owe faith and alleageance to such whose Feudataries they are who in the Lombard tongue are called Vassals Besides Fealtie which some call Hominium by the Feudists is tearmed Homage for the nature of a Feude is this that it draweth with it faith and homage so that such as are Feudataries or fee-men professe themselves to owe faith to such to whom they are in fee and that they are his men insomuch as when a fee-man dieth his heire doth make faith and doth his homage to the Lord as is well seene both in the Lords Spirituall and Temporall of this land who both in their creation and also in their succession one after an other sweare an oath and doe their homage to their Soveraigne and doe pay other dueties which are Symbols and signes of their subjection to their Soveraigne And for others that are under the degree of Baron and yet are fee-men unto the King and so doe not manuell obedience unto his Majestie they pay yearely something in respect of their homage according to the quantitie or qualitie of the fee or tenure they hold of the Prince A Fonde in English may be called a Tenure which caused Littieton when he treated of Feudes so far forth as they are here in use in England such as are all those which are called in Latin Feuda militaria Feuda scuti●erorum called by Justinian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which are by the Lawes of the land tearmed by the names of Knights-services and Escuage to call them by the names of Tenures A Feude is a grant of lands honours or fees made either to a man at the will of the Lord or Soveraigne or for the Feudataries owne life or to him or his heires for ever under condition that he and his heires in case where the Feude is perpetuall doe acknowledge the giver and his heires to be their Lord and Soveraigne and shall beare faith and alleageance unto him and his for the said Tenure and shall

us in the Ecclesiasticall Courts is that I find Glanvill Glanvill lib. 12. cap. 15 de Legibus Angliae who himselfe lived under Henry the second and was Lord chiefe Justice of England in his dayes sort to the Ecclesiasticall Courts the plea of Tenements where the suit is betweene two Clerkes or betweene a Clerke and a Lay man and the plea is De libera eleemosina feodi Ecclesiastici non petitur inde recognitio whether the frank fee be Lay or Ecclesiasticall where also is farther added that if it be found Idem lib. 13. cap. 25. by the verdict of legall and sufficient men that it is of Ecclesiasticall fee it shall not bee after drawne to Lay fee no though it be held of the Church by services thereunto due and accustomed secondly whereas land is demaunded in Idem lib. 7. cap. 18. marriage by the husband or the wife or their heire and the demaund be against the giver or his heire then it shall be at the choice of the demander whether he will sue for the same in the court Christian or in the secular Court For saith he it pertaineth unto the Ecclesiasticall Courts to hold plea of dowries which he calleth Maritagia if so be the plaintife so make choice of those Courts for the mutuall affiance that is there made betweene the man and the wife for marriage to be had between them and there is a dowry promised unto the man by the womans friends neither shall this plea bee carried unto the temporall Courts no though the lands be of Lay fee so that it be certaine the suit is for a Dowry but if the suit be against a stranger it is otherwise Againe the Kings prohibition for bidding the Clergie the dealing in many things which are of Lay fee forbids them Anno 24. Ed. 1. no one thing that is of Ecclesiasticall fee and to shew the Princes meaning precisely therein that it was not his intent by that Prohibition to restrain the Ecclesiasticall Judges for proceeding in matters of Ecclesiasticall fee hee sets downe in very tearmes these words Recognisances touching Lay fee as though he would hereby signifie to all men that he would not touch matters of Ecclesiasticall fee which did then wholly and properly appertaine to the triall of the Christian Court as hath beene before vouched out of Glanvill who for the place he then held may be thought to have knowne the Lawes of England as then they stood and the right interpretation thereof as well as any man then or now living And yet because there were some things of Lay fee which the Clergie then had cognisance of and as yet have in some measure as causes and matters of mony chattels and debts rising out of Testaments or Matrimonie because hee would have whatsoever belonged to the Clergy to be undoubted excepteth them from those things which belong to the Crown and dignity and leaveth them to the ordering of the Christian Courts which is nothing else but an affirmance of that which Glanvill and the rest of the ancient English Lawyers Bracton and Britton said before Adde hereunto the provinciall Constitution Aeterna de poenis made in the dayes of Henry the third which plainly shewes that in those dayes all personall suits betweene either Clerk Clerk or between Lay-men complaynants Clerkes defendants for ever the Plaintife must follow the Court of the Defendant which to the Ecclesiasticall men then was the Ecclesiasticall Court were tryed by the Spirituall Law not by the Temporall Law which practise for that it doth accord with the judgement of those ancient Lawyers that have beene before cited and with the Prohibition it selfe which there restraineth onely calling of Lay men to make recognisances of matters of Lay see it may be a great argument that these things were of the Ecclesiasticall right in those dayes from which I see not how the Ecclesiasticall Courts are falne for I see neither Law nor Statute to the contrary unlesse perhaps they will say the Statute of the 25. of Henry 8. cap. 19. tooke the same away as being hurtfull to the Kings Prerogative royall and repugnant 25. H. 8. cap. 19. to the Lawes Statutes Customes of this Realme which whether they be or be not taken away by the stroake of that Statute I leave it to men of better experience in these matters than my selfe to judge But yet this I finde by experience to be true That where there are two divers jurisdictions in one Common-wealth unlesse they be carefully bounded by the Prince an equall respect carried to both of them so farre as their places and the necessary use of them in the Common-wealth requires as the advancement of the one increaseth so the practise of the other decreaseth specially if one have got the countenance of the State more than the other which is the onely cause at this day of the overflowing of the one and the ebbing of the other but it is in his Sacred Majestie to redresse it not by taking any thing from that profession that is theirs but restoring to this profession that which is their owne but hereof 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 SECT 5. That some titles of the Canon Law are granted to be of absolute use with us and that of some other there is question made FOr the rest of the matters that belong to the tryall of the Ecclesiasticall Courts some are acknowledged to be absolutely in use some other are challenged to be but in a certaine measure in use In absolute use are those which never had any opposition against them which almost are those alone which belong to the Bishops degree or order for all things which come within the compasse of the Ecclesiasticall Law are either belonging to the Bishops degree or his jurisdiction To his degree or order belong the ordering of Ministers Deacons the confirmation of Children the dedication of Churches and Churchyards and such like none of which have beene challenged at any time to belong to any other Law The second sort is of them that belong to the Bishops jurisdiction which is partly voluntary partly litigious Voluntarie is when those with whom the dealing is stand not against it but litigious it is when it is oppugned by the one part or the other of this latter sort many things in sundry ages have beene called in question but yet rescued and recovered againe by the wise and grave Judges themselves who have found the challenge of them to be unjust But what doth belong to either of them in private or what causes doe appertaine to the whole Jurisdiction in generall because they have beene already particularly set downe by that famous man of worthy memory Doctor Cosin in his Cosin in his Apologie part 1. c. 2. learned Apologie for certaine proceedings in Ecclesiasticall Courts I will not make a new catalogue of them but send the Reader for the knowledge thereof unto his Booke but yet in my

extinct in them but there was some outward shape or forme of the first ordinance left them so farre forth as that they made continuall prayers and intercessions to God for them but when it came once into the Laities hands there was not so much as a foot-step left of the first institution for they neither preach unto the people pray for them nor keepe any hospitalitie among them but spend all the whole revenues of the Church upon their private uses which many times are unfit for such Spirituall provision to bee spent in so that for the benefite of the Church the returne of them might be well wisht albeit in so farre as they are perplexed and intricated by the Lawes of this Land with private mens states it would be hard to be performed for the changing of them would be much like as if a man should move one stone in a vaulted worke such as the stonie roofes of many Cathedrall Churches and Colledges are where the taking of one stone away is the jeopardie of the whole building But yet let those to whom this doth appertaine consider whether in this it were better to please God than man CHAP. VI. SECT 1. That Tythes are a Parochian right and how Parishes in the Christian world came first to be instituted BUt now to returne thither where I left as every good Bishop or any of his Clergie did win any Conntrie-village which the Latins call Pagus to the Faith so they erected up a Church there and appointed a Pastor or Minister over them to informe them in the Law of God and to minister the Sacraments unto them and set out for his maintenance the Tythe of that Page or Village Hospinian De origine Monochatus to which he was assigned Pastor which they did in Tythes rather than in any other provision both because it was the Lords inheritance in all ages and appointed by him for the maintenance of such as served in his Tabernacle during the dispensation of the mysteries of the Law and now was returned againe into Gods hand by the expiration of the demise of them made unto the Levites during the said time of dispensation also because the people would be more easily induced to part with one part out of every ten of all the fruites of their grounds and labours of their hands unto the Minister than if there had beene any other regular imposition laid upon them for certaine it is Villages and Pages came more hardly and more lately unto the Faith than great Townes and Cities did and thereupon grew that name of opposition which was betweene Christians that dwelt in Cities and the Infidels that dwelt in Pages that the one were called Pagans the other were called Christians taking their names upon the difference of the places where they dwelt But from these Pages as I have said came first the use and practice of Tythes in the Christian world insomuch as after when any Law was made as concerning Tythes they held them evermore for a Parochian right onely and in no sort at the disposition of C. Cùm contingat de D 〈…〉 verb. de ●ure 〈…〉 n gloss the Bishop but in such cases as before is rehearsed insomuch that if a Bishop challenged any Church in his Diocesse he challenged it not in respect of any fee simple hee had in it but in regard of the Spirituall Jurisdiction he had over it And therefore the Authors of this opinion were Ab. ca. nuper de Decim cap. deputati de ludiciis num 16. farre out of the way when as they thought the Bishop had like right in the Tythes of a Church of his Patronage to give and bestow them as hee listeth as hee hath in his demeanes and other his Temporall Lands either to lease them out or divide them into Tenancies as him best liketh Neither is that case cleere or without question whereby they pretend a Bishop being seised in a Manor may prescribe the Tythes of the demeanes thereof by an immemoriall prescription for him and his Tenants and Farmers for yeares and Tenants at will to be exonerated acquitted and priviledged from all Tythes growing thereupon which if it be against an other person than himselfe may hap to bee true although perhaps also that be questionable for that it is not long since Lay-people were capable of that right neither could themselves by Law of the Church at any time grant such Spirituall Rights as these are to a Lay-man either in Feudum or Emphiteusim without danger of Excommunication Ab. cap. ad hoc De Decimis numer 4. or deposition of their owne place as hath beene before shewed But if himselfe or his predecessours were Parsons there either in the right of their Bishoprick as hath beene of late before remembred or that the Benefice was annexed unto their See for the provision of their Table as many Bishopricks had some one or more Benefices appropriate unto them to this purpose then could they not prescribe the Tythes in such sort as is pretended For albeit no prescription proceeds without possession yet no man can prescribe against himselfe although hee be in possession for that evermore there must be two persons in a prescription the one which doth prescribe the other against whom it is prescribed and therefore in these cases it is never said they hold their Tythes by prescription but in the right of their Church or Parsonage In either of which cases if they were Lords of the Mannor and Parsons of the Parsonage together it is not to bee thought they would so respect the good of their Farmer as that they would either hurt their Church or prejudice their owne Table for their Farmers sake which they must doe if they suffer a Prescription to runne against the Church or themselves to exempt the demeanes of the Mannor from payment of Tythes which were due both to the Church and themselves For they were men that both knew in their conscience how much they were bound unto the Church in this behalfe and they were not ignorant what prejudice they should do unto themselves if by prescription they should yeeld to exempt so necessaire a provision for the maintenance of their Hospitality as the Tythes of the demeanes of a whole Mannor and their tenancies are for no small part of their commendation stood in those dayes in their hospitality and therefore it is not to be presumed that they would easily cut off any provision that was fit for the same Besides if by either of these two wayes the Bishop was Parson of the place then did the fruites of the Benefice during every Vacation of the Bishoprick not come to the King as they now doe whereby the Parsonage and Mannor are both consolidated into one for that they are now both holden to be Temporalties but the Parsonages came to the Archbishops of the Province as a spiritualtie granted to his See by priviledge during the vacancie of the Sees