Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	good_a	lord_n	manor_n	1,411	5	10.3370	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51538	A defence of Amicia daughter of Hvgh Cyveliok, Earl of Chester wherein it is proved that Sir Peter Leicester Baronet, in his book entituled, Historical antiquities in two books, the first treating in general of Great Britain and Ireland, the second containing particular remarks concerning Cheshire, hath without any just ground declared the said Amicia to be a bastard/ by Sir Thomas Mainwaring ...	Mainwaring, Thomas, Sir, 1623-1689.	1673 (1673)	Wing M300; ESTC R13643	32,519	94

several places as also Glanvile Cheif Justice of England who lived in the same time that Amicia did and you also alledge that you have found a Precedent where Lands were given by the Father in Free Marriage with his Base Daughter To what you urge out of my Lord Coke I do thus say That I do conceive the Common Law where not altered by Parliament is the same at this day that it was formerly and therefore my Lord Coke on Littleton telling us Pag. 115. b. that it is a Maxim of the Law That whatsoever was at the Common Law and is not ousted or taken away by any Statute remaineth still I might thence argue That if it had ever been at the Common Law that a Man might have given Lands or Services In libero Maritagio with a Bastard or one that is not of the Blood that it would be lawful to do so still because that part of the Law is not ousted or taken away by any Statute but a Man cannot do so now And therefore the Common Law never was that a Man might give Lands or Services with a Bastard in Free Marriage or to one that was not of the Blood So that those places which you have cited do not prove That the Common Law at this day doth vary from what it was in former ages in any particular but onely that it was taken to be otherwise in those days and it is but just like some Cases in our Reports which have at several times been adjudged directly contrary to each other but notwithstanding that the Law was still the same But that I may come as near you as I can I shall acknowledge that though the Common Law was ever the same where not altered by Parliament yet in former Ages they did in some particulars take the Law to be otherwise then they now do and if you could prove that they did so in this Case of Free Marriage it would take off much of the strength of this Argument because that Antient Deeds and Grants according to what my Lord Coke on Littleton says fol. 8. b. at the bottom are to be expounded as the Law was taken to be at the time of the Grant But this is so far from making against my opinion that I think it doth add very much strength thereto for if it had been taken in former Ages that Lands might have been given in Free Marriage with a Bastard or one not of the Blood it certainly would sometime or other have been so observed by some of the Sages of the Law for where the Law hath been taken in one Age after one manner and in another age after another manner it is so remarkable that it could not pass unobserved by all As to what you alleage out of Glanvil who says Quilibet liber homo quandam partem terrae suae cum Filia sua vel cum aliqua alia qualibet muliere dare potest in Maritagium I do conceive it is the same thing in Law and shall be so intended as if it had been expresly said With any Woman of his Kinred and that for these Reasons First Because though such kind of Expressions seem to be Universal and without any exception at all yet they shall not be so largely taken but shall be expounded so as may agree with the Laws of that Kingdom or Nation to which they particularly do relate and for this I shall give you an example out of Scripture it self In the Fourteenth Chapter of Deuteronomy and the Twenty sixth Verse there was a Liberty given to the Jews in some Cases and at some of their Feasts to eat whatsoever their Soul lusted after and whatsoever their Soul desired And yet this was not to be expounded universally of all Meats whatsoever in case they desired the same but must be meant onely of such Meats as were legally clean and allowed them to eat by their Law And thus when we also say That any Man that hath Money enough may buy Lands when he pleaseth it shall not be understood of any Man whatsoever For a Traytor or a Jew or one that is convicted of Felony or an Alien cannot purchase Land in England but it shall be understood of one that is by Law enabled so to do And so in like manner the words Cum alia qualibet muliere must be understood onely of such a Woman as is capable of such a gift which a Woman that is a Bastard or not of the Blood or a Jew or an Alien c. is not For in these kind of Gifts as Mr. Bracton tells you Lib. 2. cap. 11. the Land so given is Liberum tenementum uxoris non viri cum non habeat nisi custodiam cum uxore Secondly Because I do conceive that Glanvil hath immediately contradicted himself unless by these words Cum aliqua alia qualibet muliere he understands a Woman that is of the Blood of the Donor For he tells us in the same Chapter and the very next words to those that you cite That none can give Lands in remunerationem servitii sui to hold good after the death of the Donor unless there be Seisin in the life time of the Donor which is untrue If a Man having a mind so to reward his Servants can give Lands with his Woman-servant to a stranger or with his Woman-servant to his Man-servant in Free Marriage For where Lands are given In libero Maritagio according to Law there needs no Seisin and where they are given contrary to the Law viz. to one not of the Blood of the Donor Seisin doth onely make it an Estate for Life as my Lord Coke says in his Institutes Part 1. pag. 21. b. So that it seems clear Glanvil by the words Cum aliqua alia qualibet muliere understands one of the Blood of the Donor as well as I hope hereafter to prove that Bracton doth by the words Cum aliqua muliere Thirdly Because that though Glanvil lib. 7. cap. 1. says A Man may give part of his Heritage to his Bastard and that also Bracton in his Second Book and beginning of his Seventh Chapter tells us That Lands may be given Bastardo in Maritagium cum aliqua muliere yet neither of them hath one word at all to prove That Lands may be given to a Man cum Bastarda whereas in this Case of Frank-marriage the party with whom the Land is given not the party to whom the Land is given is the principal thing that is considerable herein Fourthly Because my Lord Coke in the First Part of his Institutes fol. 21. b. tells us That if the King give Land to a Man with a Woman of his Kinred in Frank-marriage and the Woman dieth without Issue the Man in the Kings Case shall not hold it for his life because the Woman was the cause of the Gift but it is otherwise in the Case of a common Person And to prove this in the Margent he cites 9 H. 3. Dower 202. Whereas if

as also other Lands in Cheshire the most of which came to Sir William Trussel who about Edward the First 's time married Matilda the sole Daughter and Heir of Sir Warine Mainwaring Son of Sir Thomas Mainwaring Son of Sir Roger Son of the said Sir Ralph and Amicia And the said Sir Ralph was Cheif Justice of Chester which antiently hath been a place of that great repute that Dukes of York Glocester Exeter and Ireland and Earls of Nottingham Wiltshire Suffolk Shrewsbury and Derby besides other great Persons have heretofore enjoyed the same 3. Neither was the Case the same with the other Daughters of the Earl of Chester when Ralph Mainwaring married with Amicia as it was afterward for Amicia was married in the life time of her Father Earl Hugh whereas those Four came to be such great Fortunes upon the death of their Brother Randle Earl of Chester and Lincoln without Issue to whom they then became Heirs they being his Sisters of the whole Blood and though all or most of them were married before they came to be his Heirs yet the said Earl Randle having never had Issue the expectation of that Estate added to their other Portions must needs make them very considerable Fortunes whereas Amicia was but of the half Blood being a Daughter of Earl Hugh by a former Wife And whereas you do acknowledge that you have been informed That Three eminent Judges and Four Heralds are of opinion that Amicia was Legitimate and not a Base Daughter you received that information several years ago but you were also lately told by one whom I hope you have no reason to discredit that since then several other Learned Judges and Heralds had been consulted All which did concur in the same opinion that Amicia was Legitimate But before I come to the Reasons that are by you alleaged either for or against Amicia give me leave to recite these Three Deeds following that those who read them and the Reasons on both sides may clearly understand the full State of the Case HVgo Comes Cestr ' Constabular ' Dapifer ' omnibus Baronibus suis Vniversis Ballivis hominibus suis Francis Anglicis tam praesentibus quam futuris salutem Sciatis me dedisse concessisse hac praesenti Karta mea confirmasse Radulpho de Menilwarin cum Amicia Filia mea in libero maritagio servitium Gilib filii Rogeri scilicet servitium trium Militum faciendo michi servitium duorum Militum ille haeredes sui michi haeredibus meis quare volo firmiter praecipio ut nullus super hoc eum vel haeredes suos vexet vel amplius quam servitium duorum Militum de hoc praedicto tenemento requirat Teste R. Abbate Cestr Bertreia Comitissa Cestr Sim. Thuschet Rogero de Livet Gilib filio Pigot Rob. fratre suo Frumb de Ridford Willielmo de Meinilwarin Rob. filio Ham. Bettr Cam. Rob. de Meinilwarin Ran. de Lee Rad. Clerico Petro Clerico qui hanc Kartam fecit multis aliis apud Lee. RAdulfus de Meidnilwar ' omnibus praesentibus futuris ad quos praesens scriptum pervenerit salutem Saiatis me dedisse concessisse praesenti carta mea confirmasse Henrico de Alditelegh in liberum maritagium cum Bertrea filia mea Smelewde cum pertinentiis Senellest ' Cum pertinent dimid ' Pichemere cum pertinentiis suis i. Marc. de redditu annuo in Civitate Cestr ' de terra quae fuit Fagun quam Robert ' filius Ermwi de me tenuit illi haeredibus suis qui de dicta Bertrea filia mea pervenient habend ' tenend ' de me haeredibus meis in feodo haereditate libere quiete plene pacifice in bosco plano in pratis pascuis in aquis viis in semitis in vivariis in molendinis in omnibus locis libertatibus praedictis terris pertinentibus sicut liberum maritagium melius liberius teneri pot ' Et ego haeredes mei illi dictis haeredibus suis contra omnes homines dictas terras Warrantizabimus Test ' Ran ' Com' Cestr Hug ' Com' Vltoniae Phil ' de Orreby tunc Justic Cestr. Joh. de Ptell ' Hug. Malebiss Ric. de Vern Ran. de Meidnilwar Clerico Lidulf de Tuaml ' Rob. de Periis Ric. de Kingest Norm Pant. Tho. de Orreby Alured de Sulinni Pet. Chan. Gg. de Aldith Ric. de Rodest Clerico multis aliis OMnibus hanc Cartam visuris vel audituris Rogerus de Menilwarin aeternam in Domino salutem Noverit Vniversitas vestra me pro salute animae Domini Ranulphi quondam Comitis Cestriae Lincolniae Avunculi mei prosalute animae meae animarum antecessorum successorum meorum dedisse concessisse hac praesenti Carta mea confirmasse Deo Beatae Mariae Abbati Monachis de Deulacresse eorum Grangie de Biveleg in liberam puram perpetuam Elemosynam liberam communam in bosco meo de Pevere scilicet Vt accipiant de eodem bosco husbot haybot rationabiliter per visum alicujus forestariorum meorum quantum necesse habuerint sine impedimento aeriarum nisorum meorum ubicunque nidificaverint Praeterea dedi eis liberam pessionem quietam de pannagio quinquaginta porcis quandocunque voluerint in praedicto nemore meo de Pevere pro hac autem donatione concessione mea Ego Rogerus praedictus haeredes mei de praedictis Abbate Monachis de Deulacresse nichil exigere poterimus nisi orationes suffragia ordinis Cisterciensis Ego vero haeredes mei sepedictam donationem concessionem meam sepedictis Abbati Monachis Grangie de Biveleg contra omnes gentes Warrantizabimus imperpetuum Et ut haec donatio mea rata inconcussa in sempiternum perseveret eam praesentis Cartae testimonio Sigilli mei impressione roboravi Hiis testibus Willielmo de Menilwarin Willielmo Capellano de Lauton Ricardo de Moston Bened. de Cawdray Johanne de Motlawe Willielmo de Pevere Hugone de Weloc Nicolao de Wereford Gilberto Gekell aliis And now I shall consider of your Answer to the first Reason on the behalf of Amicia which Reason I think should have been expressed to this or the like effect viz. Our Common Law neither now doth nor heretofore ever did allow that Lands or Services could be passed In libero Maritagio with a Bastard Danghter by the Reputed Father because a Bastard is not De sanguine Patris And therefore Amicia having Services given with her In libero Maritagio by her Father it necessarily follows that Amicia was no Bastard To which your Answer is that it is true the Law is so taken at this day but you much doubt whether it was so taken in the elder Ages of Henry the Second and upwards and to make good what you say you cite my Lord Coke upon Littleton in

before Ralph the Steward of Cheshire But if Amicia was a Legitimate Daughter the reason thereof will be apparent For though it be true that the Husband cannot be Ennobled by the Marriage of his Wife yet the Earl of Chester being a Count Palatine and one that is confessed by you Page 152 159. to have Royal Authority within himself and not unfitly to bestiled a Petty King having under him his Constable of Cheshire in Fee in imitation of the Lord High Constable of England and his Steward of Cheshire in Fee after the example of the Lord High Steward of England and his Noblemen about him in imitation of the Barons of the Kingdom as also his Chamberlaine who supplieth the place of Chancellor and his Justices of Chester who have like power to the Judges of the Courts of Kings Bench and Common Pleas as also a Baron of the Exchequer a Sheriff and other Officers proportionable to those of the Crown It is no wonder at all if these great persons did voluntarily give Precedence to Sir Ralph Mainwaring during his life in regard he had married a lawful Daughter to one of their said Earls Add hereunto that when Earl Hugh Cyvelioke did by his Charter mentioned by you Page 131. acquit the Abbot and Monks of Stanlaw of some Toll in Chester which could be but a little before the said Earl's death because the said Earl died in the year 1181. And the Abbey of Stanlaw as is confessed by you Page 267. was Founded but in the year 1178. The said Earl in his said Charter contrary to all former Precedents which I have seen doth name the Justice of Chester before both the Constable of Cheshire and Steward of Cheshire and the Reason thereof I suppose to be because the said Ralph Mainwaring who was Son in Law to the said Earl was then Justice of Chester as he also was some years in the life time of Randle Blundevill though the said Ralph as appears by his aforesaid Deed made to Henry de Alditelegh did afterwards part with the said Office Philip de Orreby being Justice of Chester when the said Philip was a Witness to the said Deed. Now this preeminence could not be given to the said Ralph because he was Justice of Chester that being below the Offices of Constable and Steward as appears before but because of the Relation of the said Ralph to the said Earl But as this respect was too great to have been shewed him if he had onely married one that was a Bastard so it doth not consist with your conceits that the said Amice was Illegitimate and that the said Ralph had nothing else with her but the aforesaid Services For indeed they were not of sufficient value to be a Portion suitable to the Estate of a very mean Gentleman I Have at present done with this Discourse concerning the aforesaid Amicia but being desirous to rectifie all Mistakes which do concern my Family in all the Particulars that I can I think it not inconvenient to inform the Reader of one of yours in the 334 Page of your Book wherein speaking of Margery the Wife of Randle Mainwaring you say This Randle Manwaring of Over Peover stiled commonly Honkyn Manwaring in the Language of those times died 35 H. 6. 1456. Lib. B. page 21. E. Buried at Over Peover in the Stone Chappel on the South-side of the Church Which Chappel Margery his Wife surviveing erected with the two Monuments therein for her self and husband Anno Dom. 1456. For albeit it be very true that the said Randle Mainwaring did marry Margery the Daughter of Hugh Venables Baron of Kinderton and Widow of Richard Bulkeley of Chedle in Cheshire yet the said Margery did not survive the said Randle and after his death Erect the said Chappel and Monuments therein For although on the Eighth day of August in the Year of our Lord God One thousand six hundred and forty the Pictures of the said Randle Mainwaring and Margery were tricked out by a very good hand as they were then remaining in a Glass Window of the said Chappel Kneeling with this Inscription viz. Orate pro animabus Ranulphi Maynwaryng Margeriae Vxoris ejus qui istam Capellam Anno Dom. Mcccclvj ............ And although the Year when the said Chappel was built is still to be seen in the said Window yet that doth not prove that the said Margery survived her Husband Randle and erected the said Chappel and Monuments For the word qui cannot possibly relate to Margery alone but doth as I conceive in the true meaning thereof relate onely to the said Randle For it appears by an Inquisition taken after the Death of the said Margery that the said Margery held in Dower at the time of her Death Ex dotatione Richardi Bulkeley quondam viri sui the third part of the Moity of the Mannor of Chedle as also Five Messuages in Middlewich One Messuage and Sixty Acres of Land and Wood in Newton near Middlewich Ten Acres of Land in Ashley and Hale Eight Acres of Land in Occleston Six Messuages and Two hundred Acres of Land Meadow and Wood in Whatcroft Six Messuages and One hundred and twenty Acres of Land Meadow and Wood in Holme juxta Davenport the Moity of the Scite of one Water-Mill and Four Acres of Wood in Little Stanthorne and the Moity of the Mannor of Timperley And it is also found by the said Inquisition that William de Bulkeley was the next Heir of the said Margery Now this Inquisition being taken in the Twenty seventh year of King Henry the Sixth and the said Randle Mainwaring together with his Three Sons Sir John William and Randle for the said John was Knighted in the life time of his Father being all Three mentioned as then living in a Deed of mine dated the Saturday next after the Feast of Saint Hillary in the Thirtieth year of King Henry the Sixth and I having also in my custody another Deed dated the Sunday next before the Feast of Corpus Christi in the said Thirtieth year of the said King made betwixt the said Randle Mainwaring the Elder and Sir John Mainwaring Knight his Son on the one party and John of Ashley of the other party concerning a Marriage to be had betwixt Hamnet Son and Heir Apparent of the said John Ashley and Margaret Daughter of the said Sir John Mainwaring which Deed is also mentioned by you Page 334. It is from hence very clear that the said Margery did not survive her said Husband Randle Mainwaring and erect the said Chappel and Monuments therein after the said Randles death There is also omitted by you in your Historical Antiquities Agnes the Daughter of John Mainwaring of Over Peover Esquire who was Sister to Sir John Mainwaring and Wife of Sir Robert Nedham Knight And of this Match there is very good Proof which you have been informed of I having by me the Pictures of the said Sir Robert and Dame Agnes as they were