Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	lord_n	rent_n	2,560	5	9.6389	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33187	The City law shewing the customes, franchises, liberties, priviledges and immunities of the famous city of London : together with the names, natures, kinds, jurisdictions, powers, and proceedings of the severall courts within the same : as also the titles, qualities, advantages and profits of the severall offices in London and in whose dispose those offices are.		1658 (1658)	Wing C4354; ESTC R24831	43,516	135

do against the Ordinances aforesaid c. Item Of Male-factors the Mayor and Aldermen have alwayes used to cause to come before them the Malefactors which have been taken and arrested within the said City for carrying of tales and spreading abroad of newes imagined in disturbance of the peace makers and counterfeiters of falle Seales false Charters and for other notorious defects and those which they have found culpable of such misdeeds by confession of the parties or by enquest thereof made shall be punished by setting in the pillory or further chastised by imprisonment according to their merit and according to the reasonable discretion of the said Mayor and Aldermen Item Of change of proces and abbreviating of delayes the Mayor and Aldermen may by usage of the said City change proces and abridge delayes in actions personal as well before themselves and in the Sheriffes Court and make new Ordinances such personal pleas the which Ordinances they conceive to be reasonable profitable to the people Item That the City of London is held of our Soveraign Lord the King in free burgage it is to be understood that all the city of London is held of our Lord the King in free burgage and without mesne And all the Lands and Tenements Rents and services within the said city and the Suburbs thereof as well in rendition as in demeasne are devisable by usage of the said city So that men and women by usage of the said city may devise their tenements rents and reversions within the said City and Suburbs thereof to whom they will and of what estate they will And may also devise a new rent to rise from their tenements in manner as they like best And those which are free-men of the same City may devise their tenements in mortmain as appeareth by the Charter of the king thereof made Item That infants within age nor woman covert qaron may not dewise He that holdeth tenements with others may devise that which to him helongeth without more adoe But Infants within age may not make a devise nor women covert may not devise their tenements by license of their husbands nor in other manner during the coverture Item That a man cannot devise his tenements to his wife but for terme of life the husband may not devise his tenements to his wife for a higher estate then for terme of life and the wife cannot claime other estate upon pain to lofe the whole Neither may the husband devise the tenements descended to his wife nor the tenements which the husband and the wife have joyntly purchased But if the husband and the wife have tenements joyntly to them and to the heirs of the husband the husband may devise the reversion All testaments by which any tenements be devised may be inrolled in the Hastings of Record at the suite of any which may take advantage by the same testaments And the restaments which ought so to be enrolled shall be brought before the Mayor and Aldermen in full Hasting and there shall the said testaments be proclaimed by the Serjeant and the same also to be proved by two discreet men well known the which shall be sworn and examined of all the circumstances of the said Testaments and of the estate of the Testator and of his seale and if the proofe be found good and loyall and agreeable then shall the said Tastament be inrolled in the same hastings of record and the Fee shall be payed for the enrolment and no Testament nuncupative nor other Testaments may be inrolled of record except that the seale of the Testator be put to the same Tastament Testaments Nuncupative But the Testaments that may be found good and loyall are effectuall although they be not enrolled nor of record Item Of testaments defective yet effectuall The testament within the said City ought by custome of the same City to be adjudged effectuall and executory having regard to the Testators wills although that the words of such testaments be defective and not according to the common Law Item Of Rent devised by testament where a reversion or rent be devised by testaments enrolled of record in the Hastings the same reversions and rents Passe presently after the death of the Testator so as those to whome such rents be devised may distreine for their rents and make avoury and those in reversion may sue a Writ of waste at their will without other attournment of the Tenants And they may plead for the same enrolments if need be although they have not the saidtestaments in hand and the same Custome holdeth place of Charters Indentures and other writings inroled in Hastings of REcord and such inrolements have alwaies beene used so that the testaments be proclaimed and proved in full Hastings as aforesaid And the Charters Indentures and other writings ensealed may be accepted And the conusances and confessions of women have beene received before the Mayor and one Alderman or before the Recorder and one Alderman or before two Aldermen for necessity as well out of the Court as in So that the same Charters Indentures other Writings so acknowledged be after entred and enrolled in some of the Hasting sand the Fees thereof paid as the manner is Item Rent devised without clause of distress where a man hath devised by his Testament enrolled a certaine Rent to arise out of his Tenements within the said City without clause of distresse yet by usage of the City he to whome the devise is made may distraine and avow the taking if the rent be behind And in the same manner shall be done of all ancient rents called Quit rents within the same City Item Of Orphans The Mayor and Aldermen that are for the time by custome of the City shall have the Wardship and Marriages of all the Orphans of the said City after the death of their Ancestours although the same Ancestors do hold to them and the City of any other Lord by what service soever And the same Mayor and Alderought to enquire of all the Lands and Tenements Goods end Chattles within the said City appertaining to such Orphans and safely keep them to the use and profit of such Orphans or otherwise commit the same Orphans together with their Lands and Tenements Goods and Chattles to other their friends by sufficient Surety found of record in the Chamber of Guild Hall to maintaine conveniently the said Orphans during their nonage their Lands and Tenements to repayre the said Goods and Chattles safely to keep and thereof to render a good and loyall accompt before the said Mayor Aldermen to the profit of the same Infants when they shall come to their age or when they shall be put to a mystery or shall marry by the advice of the said Major and Aldermen And that in all cases except that it be otherwise ordaind and disposed for the same Orphans or for their Lands and Tenements Goods and Chattles

assizes shal be made by the Sheriffes their Ministers or by the Mayor and Aldermen if any of the parties shall come to demand upon reasonable cause in manner as the use is in assizes of fresh force And in such assizes of Mortdancestor the parties may be essoyned as at the Common-law and the tenants may vouch to warranty within the said City and also in a forraign County if the Vouchee have no tenements within the City And if the tenants plead a Release bearing date in a forraign County or other forreign matter that may not be tryed within the City or that they vouch to warranty in a forraign County him that hath nothing within the City then at the suit of the party the Record shall be brought in the Court of our Lord the King by a writ delivered to the Sheriffes and Coroner and there shall such forreign pleas and forreign voucher be tryed and determined and after sent back to the said Sheriffes and Coroner to goe forward and proceed according to the custome of the City And continuance shall be made in such assizes upon the causes aforesaid and upon other reasonable causes And when the Assizes shall be determined Judgment ought to be given then the same Assizes shall be engrossed and entred of record by the said Sheriffes and Coroner and after sent to Guild hall to remaine there of Record in manner as the Assizes of fresh force ought to be The City of London A custome that free-men of the City of London may bequeath their tenements of which they were solelyscized is an ancient City of our Lord the King that now is and of his Progenitors In which City such a Custome is held and where of the time is not to the contrary hath been held that every Freeman of the aforesaid city being soly seized of any Lands or Tenements within the aforesaid City by all the time aforesaid might and may bequeath such his Temements to any person or persons it likes him best as well secular as religious in see-taile or for terme of his life c. Item Assizes of novell desseisin called fresh force of lands and tenements and rents within the City of London of desseisins made within 40 weekes are held and are determinable before the two Sheriffes and the Coroner of the said City in common every Saturday in Guild-hall except certain times that the assizes may not be held for reasonable causes and therein the processe in this manner viz. When any man is agrieved and disseised of his Freehold within the City or Suburbs thereof he shall come to any husting held at Guild-hall or for want of the husting to the Chamber of Guild-hall to the congregation of the Mayor and Aldermen any Munday and there shall make a Bill and the Bill shall be thus A. of D. complaines of intrusion against C. of E. of his free tenement in such a Parish of London or in such a Parish in the Suburbs of London And the same Bill shall be enrolled and thereupon another Bill shall be made containing the whole matter of the former Bill by the common Clerke of the City making mention of the title of the husting or of the day of the Congregation of the Mayor and Aldermen And that Bill shall be delivered to the Sheriffe or to one of them to make processe and doe right to the parties And then ought the Bill to be served the Wedensday next ensuing viz. The Sheriffes Officer to whom the Bill is delivered shall summon the tenant or the tenants mentioned in the said Bill of assize by the view of two Freemen of the City and that at the tenements where the disseisin is made or at the tenee ments where out the Rent is supposed to be issuing and it shall be said there to the tenants that they keep their day at Guild-hall the Satturday then next ensuing at their perill And the names of the two summoners shall be endorsed upon the Bill and then the Plaintiffe may sue to array the assise and summon the Jurors against that Satturday or against other Satturdayes after at his will And so may the tenants sue for their deliverance if they will and such summons shall be made the Fryday before the satturday And the arraynments at the perils of the Jurors shall be made by the Sheriffes or their Officers or by the Mayor and Aldermen if any of the parties upon a reasonable cause will pray the same And afterward the same assises shall be pleaded and ruled for the most part also as it otherwise at the common-law And if a Release bearing date in a forraign County Bastardy or other forraign matter which cannot be tryed within the said City be pleaded in such assizes then else Plaintisse may sue to cause the Record to be brought to the Court of our Lord the King to try the matter there as the case requires and when the matter shall be determined in the Kings Court all the processe shall be sent back to the said Sheriffes and Coroner or to their Successors or to proceed forward according to the custome of the City in manner as it hath been heretofore And it is to be understood That no discontent is within the City of assizes c. that there hath not been any discontinuance in such assises neither is there any mention made in the Record of the dayes between the assize brought and the day that the assize shall be taken or Judgment given if it be not for a necessary cause or that such assizes be taken before the Sheriffes and Coroner as is aforesaid and Judgment be thereof given then shall such assizes determined be entred of Record and after shall be brought into the Chamber of Guildhall to remaine there in the Treasury as of Record And it is to be understood that a man may not enter into any tenements within the said City by force nor hold any tenements by force and armes in disturbance of the peace c. Imprimis It is to be understood Of the Sherisss Court that the Sheriffes holds the Courts of our Lord the King before them in the Guild-hall of London and pleas of debt of any summe whatsoever and of all actions personals at the suit of the parties And each of the said Sheriffes holds his Court at Guildhall by himselfe severally and that by vertue of the plaints and quarrels made before the one and the other of the same Sheriffes as well in their Countors as at Guildhall according to the custome of the aforesaid City And every of the said Sheriffes use to hold by himself two generall Courts in the week and every day for the deliverance of forraigners strangers if need be if they be not let by Festivall dayes or other reasonable causes Item The Clarkes and Officers of the said Sheriffes presently upon the plaints made use to award a capias or other processe against the Defendants by the testimonies of the Sergeants of the

and customes and that by a Statute made after the last Eyre and to put their franchises and customes in certain which things no man can remember May it please your Majesty to command all the said Justices that they be ordered in point of challenge of their said franchises and customes as they were wont anciently to be ordred in other Eyres before the Statute and that by no Statute repugnant to their said franchises and customes they be bound or deprived of their Franchises and ancient customes and thereupon a Writ was sent to the Justices to surcease Whereas in time past A Writ to surcase there arose by some a matter of doubt of and upon the most ancient custome had and used in the city of London An ancient custome in the city of London for tenants for fixing goods of those things which by tenants for terme of life or for yeares were fixed to the houses without speciall licence of the Lord of the Soyl whether they should remaine to the Lords of the Soyle as parcell of the same or whether it should be lawful for such Tenants at the end of their tearme all such things that be fixed to remove Whereupon ancient Books being viewed and many Records searched and ancient proceedings and Judgments of the said city It was declared by the Mayor and Aldermen That by the old prescript custome of the aforesaid city That every of the said kinds of easments fixed to houses or to the ground by such kind of Tenants without speciall and expresse licence of the Lord of the Soyle if they be fixed with nailes of Iron or of wood as Pantises Glasse Locks Benches or such like or if they be affixed with Lime or clay commonly called Morter as Fornace Lead Candirons Chimneyes Corbels Pavements and such other or else if Plants they be rooted in the ground as Vines Trees Orchards c. It shall not be lawfull for such Tenants at the end of there Termes or at any time to pluck down remove or root out them or any part of the premises by any meanes but they alwayes remain to the Lord of the Soyle as parcell of the same Soyle or Tenements Mustings c. It is to be understood that all the Lands and Tenements Rents and Services within the city of London and in the Suburbs thereof are pleadable at Guild-Hall within the same city in two Hustings whereof the one Husting is called Husting of Plea of Land and the other Hasting is called Husting of Common-Pleas And the which Hustings are held in the said Guild-hall before the Mayor Sheriffes and Aldermen of the said city every weeke the dayes Munday and Tuesday viz. On the Munday to demand the demaudauts and to award nonsuites to allow essoynes and the Tuesday to award the default and to plead Writs of right Pattents But for certaine times no Hastings may be held by the custome of the city afore said viz. Husting of plea of Land ought to be held a week by it selfe at the aforesaid dayes But the enrolments and titles of the said Hustings make mention of Munday only Writs of Right Pattents In Husting of Plea of Land are pleaded Writs of Right Pattents directed to the Mayor and Sheriffes of London which Writs have this processe by custome of the city viz The Tenant or Tenants shall first have three summons at the cenements demanded at three Hustings of Plev of Land next ensuing after the livery of the Writ and of the Hustings without demanding the tenements at any aforesaid And after the three summons ended three essoynes at three other Hustings of Plea of Land then next ensuing and at the next ensuing after the third essoyne and the Tenants making default processe shall be made against them by a grand cape or petit cape after the appearance and other processe at the common law And if the Tenants shall appeare the demandants shall count against the Tenants in the nature of what Writ they will except certain Writs which are pleadable in Husting of common-Pleas as shall be declared afterward without making protestation to see in the nature of any writ And the Tenants shall have the view and shall be essoyned after the view as at the common-law And the Tenant shall have an essoyne after every appearance by custome of the City And although that such a writ be abated after the view by exception of joint-tenancie or other exception dilatory and other such Writ be revived the tenants by the custome of the City shall have the view in the second Writ notwithstanding the view before had And if the parties plead to judgment the judgment shall be pronounced by their Recorders mouth and six Aldermen were wont to be present at the least at the giving of every such judgment And every Bedell of the City by the advice of his Aldermen The Jurors summoned against every Hustings of Plea of Land shall summon 12. men Free-holders being the best and most sufficient of his Ward to come to Guild hall for to passe in an Enquest if there be need for the rest of the free-holders in the said Ward And if the parties plead and discend to an Enquest then shall the Enquest be taken of the people inheritors haveing at the least frankten ement of the same Ward where the Tenements are and other three wards next to the place where the Tenements are so that foure sufficient men of the same Ward where the Tenements are shall be sworne in the same Enquest if there be so many And no dammages by custome of the City are recoverable in any such Writ of Right Pattent And the Enquest may passe the same day by such common summons of the Beadell if the parties be at issue and the Jurors come And otherwise processe shall be made to cause the Enquest to come at another Hasting of Plea of Land ensuing by precept of the Mayor directed to the Sheriffes And the Sheriffes shall be ministers by the commandement of the Mayor to serve the writs and to make execution thereof Notwithstanding that the originall writ be directed to the Mayor and Sheriffes joyntly And it is to be understood that as well the Tenants as the Demandants may make their Attornies in such Pleas. And if the Demandants count against those Tenants in the nature of a Writ of right and the parties discend to an enquest upon the meereright then shall the enquest be taken of 34. in the nature of a grand assize according as the custome requires so that alwayes six be of the Ward where the Tenements be if there be so many of the same ward empannelled in the Enquest of 24. Vouching to warranty And the Tenants in all such writs may vouch to warranty within the said City and also in a forreign county if the Vouches haue no tenements within the City And if the Tenants in such writs do vouch to warranty in a forreign County in which case processe may not be made