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	tenant_n	7,424	5	10.2399	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29929	A vindication of the case relating to the greenwax fines shewing how the rights and prerogative of the Crown are diminished, officers enriched, and the subjects oppressed by the mismanagement of that revenue : also, disproving the allegations used to hinder a reformation thereof, as contradictory to the reports and resolutions of the judges and lawyers, and the experience of persons of all ranks and degrees in all ages.	Brunskell, Percivall, 17th cent.	1684 (1684)	Wing B5238; ESTC R31991	33,087	115

Sallaries and Imployments As to Heriots and Reliefes Sir William Jones Sir Robert Sawyer and Sir John Sympson gave their Opinions That Heriots and Releifes are fully saved in the Crown by the Statute 12 Car. 2. cap. 24. But now t is alledged That Tenures as part and parcel of Mannors pass by your Majesties Grant of a Customary Mannor cum pertinen ' whereas Heriots and Releifes being Services incident to Tenures and Tenures in Gross to the Persons and disappendant to Land or Mannors cannot pass by grant of the Mannors or Land cum pertinen ' As for instance There is no Land in England in the hands of any Subject but what 's holden of some Lord or other by some kind of Service Cooke upon Litleton Fol. 65. a. And the Services make Tenures Fol. 92. b. And every Freehold Tenant except in Frank Almoigne is bound to do Fealty to his Lord for the Tenement holden of him Cooke upon Litleton Sect. 91. If Lords knew the advantages of Homage and Fealty they would not neglect them Cooke upon Litleton Sect. 94. Also the Writ de Cessavit saith precipe a quod juste c. reddit B. Tentum suum quod de eo which is de Domino non de Manerio tenuit per tale Servicium Et quod perfat ' reverti debet Eo quod predict ' a infaciendo Servic ' per biennium cessavit c. Ergo The Tenures being in Gross to the Person and disappendant to the Mannor cannot pass with the Grant of the Mannor cum pertinen ' in your Majesties Case Because the Services which make the Tenures oblige Your Tenants upon pain of forfeiting their Estates by Force of the Statute 13 Ed. 1. to be ever in readiness to defend your Majesty and Kingdom in time of War and encourage Tillage in times of Peace for the preservation thereof and relief of the poor And an Army of such Freehold Tenants may in reason be thought better Souldiers than Hirelings saying Omnia mea mecum porto who will fight for or revolt from your Majesty as their Interest leads It is agreed That Tenures and Services are Established by Custom and Common Law pro bono publico That the Common Law shall be preferred before Acts of Parliament clashing with it That if a private Lord Alien a Customary Mannor consisting of Freehold Tenants the very Tenures Services and Royalties which he hath shall pass to the Alienee by general words because it 's equal to your Majesty and Subjects whether the Alienor or Alienee have them that the Act and Deed of a private person shall be construed most strongly against him But when Customary Mannors come into the Crown by Attainder Escheat or otherwise The Tenures are thereby changed from the Person of the Lord to the Person of your Majesty so become special Royalties And Royalties shall not pass out of the Crown by the Grant of the Mannors cum pertinen ' or general words Hob. Rep. 233 234. Plow Com. 333. b. 334. a. Dyer Fol. 268. Davys Rep. Fol. 56. a. If a private Lord Alien Land it shall be holden of the Alienee If your Majesty Alien it shall be holden of Your Self in Capite Rolls Abridgments Fol. 517. Private Lords may and do frequently Manumit their Tenants But if your Majesty Release a Tenant in Capite to hold by a penny and not in Capite That Release is void because the Tenures are incident to Your Person and Crown Rolls Abridgments Fol. 513. For that reason the Homage and Fealty of your Majesties Tenants do differ from private Lords For your Majesties is called Homagium Ligeum which bind them by Oath to be Your subjects of life and member Cooke upon Litleton Fol. 68. And every thing is expounded most largly and beneficially for your Majesty Because the Profits of the Crown are termed Ornamenta pacis et firmamenta Belli And of so High Estimation that every body is bound to promote them Cookes Reports the Earl of Devonshires Case Therefore the Learned Judge Hutton declared Tenures and Services to be inseparably annexed and united to the Imperial Crown And the Learned Lord Chief Justice Hailes and others who had the penning of the Statute Anno 12 of your Majesties Raign saved Rents Heriots and Suits of Court incident to Tenures in Capitee to be as they were before the Tenures were thereby turned or alter'd into common Soccage Also createth a Relief as in Soccage Tenure and saved the Fealty incident thereto And the 4th proviso of the same Statute dischargeth Tenants holding by Soccage in Capite of no service but Ward Value and forfeiture of Marriage Livery primer seisin ouster le Mayne pur fair ' Fitz Chivalier purfile Marrier Ergo Heriots and Reliefs ought to be in charge with the Auditors where your Majesty hath not granted them away in Terminis as separate and disappendant to your Mannors As to Offices The Law consisteth but of two parts viz. Judicial and Executive And most Offences being Baylable it 's at the Criminals Election whether they will stand Tryal or forfeit their Recognizance Ergo If Officers for Bribes or Rewards withdraw Recognizances They frustrate the Judicial part Officers are also entrusted to see proceedings right and duely Drawn and Recorded but if they by ignorance corruption or negligence draw long and vexatious Bills Answers Orders or Decrees or Imbezal or deface Depositions in Equity Or draw ill Declarations or Pleas or Misenter Special Verdicts or Judgments at Common-Law It giveth great disturbance to Suitors to have the Errors rectified and the Non-amendment thereof in due time giveth litigious Adversaries opportunity upon Writs of Errors to be very vexatious and frequently overthroweth all the proceedings thereon It was found by experience when the Judges had divers Fees as well as their Officers which increased or decreased as Suits were delayed and proceedings multiplyed and sold Offices at dear Rates that they placed men therein for Lucre without Merit and acted or countenanced such things as were contrary to the Laws and Statutes in force For which some Judges were put to Death divers Fined and Suspended and others were Banished as appeareth by Ancient Record and History Also the Attorney and Solicitor General did not then prosecute and convict the Officers guilty of misdemeanours because their own practice and profit as private Councellors depended upon the Favour of the Judges and indearement of Officers therefore the Sallaries of the Judges and Kings Counsel were inlarged and made certain For it 's Enacted by the Statutes 18 and 20 Edw. 3. That the Judges shall not take Guifts Fees Robes or Rewards of any but your Majesty and the Oath of a Judge thereby established enjoyneth the observance thereof because their Sallaries were then made certain which have been since further enlarged It 's also further provided by the Statute 12 Richard 2. That the Judges and great Ministers shall not sell Offices Also by the Statute 3 Edw. 1. Cap. 26 27 and 30. That Officers shall not commit