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	service_n	ward_n	1,566	5	10.5774	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28801	Examen legum Angliæ, or, The laws of England examined, by Scripture, antiquity and reason cujus author anagrammat[os] est, A gomoz boa oz̄ bary.	Booth, A., 17th cent.; Boon, A.	1656 (1656)	Wing B3738; ESTC R38641	162,879	175

of the Moral and Judicial Laws As for the Ceremonial Law that was not properly belonging to distributive Justice but concerned every particular man as the immediate service of God To conclude this point If the Law were just and equal as it ought to be there were no need of any Court of Equity And the Law as now it is having need of such Courts of Equity as these are is an Oppression of the People and so clearly against the (r) Isa 10.1 Law of God The Court of Wards was a Court mixt of Law and Equity and there he that was but a Termer or (s) Sewals case Court Wards Carol. 7. Tenant of Lands holden in Capite or knights-Knights-Service for any long time as 100 years or above was adjudged in the Kings Case to dye seised because that he had the Land and the Reversion was worth little or nothing And these long Leases were made to defraud the Lord of his Wards So if a mans Lands were in the hands of Trustees at the time of his death they decreed the Land to descend to his Heir as to some purposes The Court of Exchequer is likewise a mixt Court insomuch that if a mans Land were extended for Debt due to the King or a Judgement against him upon a Recognizance the Court might and usually did moderate the rigour by installing the Debt and sometimes discharged it upon matter pleaded And this is agreeable to Law that such Debts should not be levied to the great grievance of the Subject Here Equity and Law are brought together which I remember not to commend the Court of Wards which was a heavy Burthen nor yet the Exchequer in every thing but to shew That Law and Equity have been and may be both dispensed in one Court as is herein before set forth And what hath been said upon the Bench by the (t) Sir John Smith L. Keeper his Speech in Chancery Lord Keeper or Lord Chancellor in my hearing viz. That the Lord Chancellor in that Court was trusted with the Kings Conscience but he could not delegate it to another as if the King in respect of his Soveraignty had power to dispense with the Law which the Judges might not do without delegacy from him (u) The Judge as well as the Prince may judge according to conscience and what is right in the one is right in the other and that which is wrong in on● why should it not be wrong in the o●her It 's lawful for no man in judgement to swerve from Equity and Conscience Bod. Rep. lib. 6. cap. 6. pag. 768. This is an unreasonable Conceit to think that any Authority or Power on Earth can give any liberty to swerve from the Rule of Gods Word and Right Reason It were to put that upon the Supreme Magistrate as was said of one of the Popes That he was Nec homo nec Deus sed inter utrumque And so much in general of this matter CHAP. X. That all such as chiefly require a remedy in a Court of Equity may easily be determined by the Judges in Courts of Law if the Law were amended as it ought to be And herein that which is usually said for the upholding of Courts of Equity is answered THat which in the former Chapter is said concerning a Debtor having relief onely in Equity against the Penalty of a Bond or in an Action brought upon a single Bill which is paid being things most common in every mans practice I have therein sufficiently answered and cleared it That the Judges of Law might easily determine all such Causes without a Court of Equity The Court of Chancery was anciently Officina Justitiae and the Lord Chancellor used to sit as Chief Justice of the Common Pleas and no mention made of a Court of Equity until the Reign of H 6. and Ed. 4. Coke Inst 2 part p. 552 by ordering the Plaintiff to take and accept what is due upon the Bond or any Specialty wherein there is a Penalty and by admitting the Defendant to plead payment at the day to a single Bill And where Money is not paid at the day to allow Damages for the time according to the Plaintiffs loss So joyning Law and Equity together to make up perfect Justice and that is all which needs in such cases Those things which are most stood upon for upholding of these two Courts or Distinct Powers and Jurisdictions are such as these following Object 1. First it 's said That in cases of Mortgages forfeited there is no remedy at the Common Law a This is against Gods Law and the Law of Charity 1 Cor. 6.8 9. 1 Thess 4.6 Matth. 7.12 Luk. 6.31 but the Mortgager must lose his Land fot how little soever it be Mortgaged without any relief elswhere but in Equity And therefore this being a matter of great Concernment ought to be remedied in a Court of Equity Answ 1. If it be remembred what is said before concerning Bonds and other Specialties with Penalties that partly answereth this Objection for in an Action of Trespass and Ejectment if the Defendant might have liberty upon the general Issue pleaded to give in Evidence what the original Debt was for which the Lands were Mortgaged and what Profits have been taken by the Mortgagees the Debt and Damages for the Money may suddenly be computed or found by a Jury And if the Judges in such case as in case of a forfeited Bond enforce the Mortgagee or his Heir in case he bring the Action to accept the same principal Debt and Damages with reasonable Costs if he did not formerly refuse it without more ado and release or assign the Mortgage which might be easily done with a little Amendment of the Law What use were there of a Court of Equity Obj. 2. The like may be said concerning Covenants or Conditions broken in other cases where a man Covenants to pay Rent or make repairs or hath an Estate with a Proviso or subject to a Condition of Re-entry for non-payment of Money (b) This extremity of rigour is the worst Oppression in the Commonwealth a transgression of Gods Law Isa 58.6 Ezek. 18.7 Eccles. 5.8 1 Sam. 12.3 and for performance of Covenants enters into a Bond of a great Penalty or shall lose some considerable Estate for some petty neglect or non-payment of some some small sum of Money as I have known a Lease worth Five hundred pounds at least lost for non-payment of Five pounds Answ In these cases the course above-mentioned is a sufficient Remedy to finde out the Damage sustained by the non-performance of the Covenant which may be as well done with a little Alteration in an Action of Debt upon the Bond as upon an Action of Covenant which is ordinarily in use and in case of a Condition broken to ascertain the Damages and appoint the Plaintiff to accept thereof as aforesaid This is remedied partly by the late Ordinance for Regulation of the Chancery

lives which they could not do when Littleton wrote 37 H. 8. c. 10. 10. Before the Statute of the 27 H. 8. If Cesty que use had dyed his Heir within age the Lord sh●uld have had the Wardship of the Heir 4 H. 7. c. 41. If the Feoffee had dyed his Heir within age the Lord should have had the Wardship of his Heir also so there should have been two Wardships for the same Lands But this is altered by the same Statute 11. The Court of Wards 33 H. 8. c. 22. 32 H. 8. c. 46. erected by vertue of the Statutes made since Littleton wrote altered very many things in the Law as may be seen by the Statutes And particularly he that was poss●ssed of a term for 100 years or more was judged to dye seised Repugnant to the Common Law 12. 32 H. 8. c. 24. 27 H. 8. c. 27. 1 Ed. 6. c. 14. 31 H. 8. c. 13. 37 H. 8. c. 4. The whole Rabble of those Ecclesiastical persons as they are called Regular and many of those called Secular are dissolved by several Acts of Parliament and so the many Laws concerning them are thereupon out of use And all the Priviledges granted to the Cestercians Hospitallers or Priors of S. John's of Jerusalem and other Superstitious Houses to be freed from Taxes Toll and other Secular Servi●es except non-payment of Tythes are altered and changed and now those Lands are usually charged to all payments as others are 13. The Statute appointing 21 H. 8. c. 4. That such a man's Executors as prove his Will and take upon them Administration thereof may sell a man's Land devised to Executors for payment of Debts or Legacies although others named Executors do refuse to intermeddle or to joyn in the Sale and the Sale is good That Statu●e was made since Littleton wrote which is contrary to the Common Law 14. The Statute of the 21 H. 8. Chap. 19. 21 H. 8. c. 19. Coke Com. Lit. l. 3. s●ct 444 447. gives the Lord power to avow upon the Land for Rent or Services or Damage faisans without naming his Tenant because there are sometimes secret Conveyances made to strangers to cousen the Lord of his Servi●es and this an Alteration of the Common Law 15. All the Laws and Customes concerning Villains Cok. Com. Litt. T●t Villenage l. 2. c. 11. sect 172 175 176 177 189 c. mentioned by Littleton That the Lord might kill them sell them or use them are in a manner abrogated or worn out of use by reason that most of the Villains and such as held in Villainage are Copy-holder● and by some act either in Deed or in Law are Manumitted which alters the Law in many particulars since Littleton wrote 16. The Tryal of men for Treasons and Felony 22 H 8. c. 1. 1 2 Phil. Mar. c. 10. 33 H. 8. c. 20. 23. and other Tryals between and Party and Party in Personal Actions have been in several particulars altered by Acts of Parliament 27 El. c. 6 7. 4 5 Ph. M. c. 7. and the Forms changed and new Pleadings and Proceedings introduced since Littleton wrote 17. There are several Acts of Parliament made since Littleton wrote 31 H. 8. c. 1. 32 H. 8. c. 32. Litt. l. 3. sect 290. by vertue whereof partition may be made by Joynt-tenants and Tenants in Common which is otherwise at the Common Law and is an alteration thereof 18. There was an Act made in the 31 H. 8. That the Mannors 31 H. 8. c. 3. Lands and Tenements of Thoma● Lord Cromwel and many others to the number of 34 persons lying in Kent being Gavel-kind-lands should descend as other Lands at Common Law This an alteration since Littletons time 19. There are by Statutes since Littleton wrote divers Conditions annexed to Offices 5 6 Ed. 6. 16 which may forfeit the same and were not so at the Common Law 20. Before the Statute of the 32 H. 8. Chap. 34. no Grantee or Assignee of a Reversion 32 H. 8. c. 34. by the Common Law could take advantage of a re-entry by force of any Condition but by that Statute the Grantees or Assignees of any Reversion c. of any Lands c. shall have advantage by entry for Rent or doing of waste as the Lessors or Grantors themselves might have had 21. There were at the Common Law two sorts of Divorces 1. A Mensa Thoro 2. A Vinculo Matrimonii and many ridiculous causes of Divorce of which Adultery is not reckoned to be one against the Law of God 32 H. 8. c. 38. 2 Ed. 6. 23. 1 El. c. 1. as pre-contract without Consummation Consanguinity or Affinity in Cousin Germans and so to the fourth Degree The marrying or carnal knowledge of any person of Kin to the second Marriage-kindred within those Degrees Divers of which are remedied by Acts since Littleton wrote and the rest are antiquated and for shame disused and now all men may marry any person not prohibited by Gods Law and regularly nothing is a cause of Divorce but Adultery and yet Causa frigid●tatis sive Impotentia hath been allowed by the Bawdy Bishops 32 H. 8. c. 33. Coke Com Lit. l. 3. c. 6. sect 385. 22. At the Common Law if a Disseissor Abator or Intruder had dyed seised soon after the wrong done the Disseissee and his Heirs had been barred of Entry without any time limited by Law But by a Statute made since Littleton wrote such Disseisees nor their heirs are not barred except the Disseisor hath been in quiet possession five years without Entry or continual Claim 23. So likewise if the Disseisor had been longer possession Littleton l. 3. c. 6. sect 385. by the Common Law the Disseisee could not have entred upon him nor could the Disseisee have entred upon the Feoffee of the Disseisor if he had continued a year and a day in quiet possession But now the Law is altered and onely a dying seised is a Bar in some cases 24. By the Common Law after a Fine levied Littleton l. 3. c. sect 441. 4 H. 7. c. 24. 32 H. 8 c. 36. he that had right had but a years time to enter after which he was barred But by the Statutes made since Littleton wrote he that hath right hath five years allowed to him to enter after the Fine perfected 25. By several Statutes since Littleton wrote 2 3 E. 6. c. 24 34 35 H. 8. c. 14. 3. H. 7. c. 1. 1 Ed 6. c. 7. 33 H 8. c. 9. Coke Com. Lit. l. 3. sect 442. 27. H. 8. c. 10. Coke Com. Lit. l. 3. sect 463 464. divers powers and authorities are given to Justices of Assize which they had not at the Common Law nor by any Statute before those Statutes were made 26. By the Common Law if a mans Land had been granted or setled to another to the use of the

Pax Reg. Regni tit Pardon f. 218. b. 219. a. 2 Ed. 3. c. 2. 4 Ed. 3. c. 13. 13. By the Common Law the King had Power to Pardon Murther and it hath been commonly used in former Ages whereby the Land hath been defiled with Blood This is an Impious Priviledge or Custome and clearly against the holy Law of God and seemeth likewise to be contrary to the Kings Oath although by a Statute of Edw. 3. Chap. 2. it appears such Pardons were very common and ate available in Law against an Act of Parliament being made with a Non obstante c. Prov. 28.17 Jam. 4.12 Exod. 21.12 Weems M. L. Com. 6. Decal Exercit. 9. p. 131. (z) Sueton Tranq in vita Julii Caesaris sect 89. in fine It 's written That of all the Senate who murthered Julius Caesar there was scarce one that either survived him three years or dyed a natural death The Historian saith They were all Condemned and it doth not appear that any one of them had a Pardon (a) Bodin Rep. l. 1. p. 174. p. 175. No Soveraign Prince or any Man living can pardon the Punishment due to the Offence which is death by the Law of God no more then he can dispense with the Law of God whereunto he is himself subject 14. (b) Custom Norm tit Tenure par Homage fo 27. b. Kitchin Court-Baron Cowel Inst l. 2. tit 3. f. 3. p. 115 S. 15. p. 119. Wingate Law c. 7. p. 13. n. 29. The Oathes of Homage and Fealty to Lords of Mannors are Snares upon mens Consciences and savour of Tyranny and Oppression The Oath of Homage besides that which is mentioned in the old Books the substance whereof was That the Tenant would be the Lords True-man hath many trivial additions to it which are not of concernment enough to be the cause of an Oath and other things not fit to be sworn unto and all are against that Law Thou shalt swear in Righteousness and Judgement Jer. 4.2 Exod. 20.7 Jam. 5.12 15. (c) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 2. f. 20. b. fo 21. a. The Attributes of God in the Law given and ascribed to the Kings of England are too high if not Blasphemous viz. Majesty Soveraignty Most Sacred Majesty Infinity c. Ubiquity Immortality Perfection Verity Absolute Justice c. (d) Co. Tit. Pa. to his 5 6 7 8 9 10 11 Rep. Plowd Com. fo 234. a. 177. a b. And by Sir Edw. Coke seven times King James is called Le Fountain de tout Piety Justice la vie de la ley The Fountain of all Piety and Justice and the life of the Law O fearful Blasphemy Although it must be conceived that these Attributes are but Analogical Expressions yet it may be observed That such Arrogancy especially when by this temptation it 's taken to himself of whom it 's spoken (e) Such Emperors and Princes who have taken that Honour to themselves which is due to God alone as did Caligula Domitian Commodus Antiochus c. have all and alwayes miserably perished Jun. Brut. vind contr Tyrann p. 14. is a certain signe of Ruine as was seen in Herod when the people cried The voyce of God and not of man then was he smitten c. Acts 12.22 23. He that said Mine honour will I not give to another will endure no such pride (f) Gualdo Priorato Bell. Germ. p. 125. Battel Lu●z●n p. 19 20. Divers of the Roman Emperors would not suffer themselves to be called ●o●l Jun. Brut. vind contra Tyrann p. 51. That famous worthy Gustavus King of Sweden foretold his own death upon this very ground and although he protested against the impious Acclamations of the people was slain within two dayes after they were given to him We condemn such Hyperbolical Titles in the Turkish Emperour and the Pope and by such means the Heathen Babylonians (g) Coel. Rhod. Lect. Antiq. l. 8. c. 2. p. 281. Persians and R●mans came to Deifie their KINGS and EMPEROURS But (h) Suet. Tran. in vita Augusti Caesaris sect 53 Augustus Caesar abhorred such Flattery and refused so much as to be called Gracious Lord (i) Corn. Tacit. Prooem l. 1. Annal. p. 1. l. 2. c. 19. p. 61. but was called Prince and it may be observed That Almighty God to prevent such arrogancy when he saith I have said Ye are Elohim Gods or as the word signifies Mighty Judges presently addeth that Ye shall dye like men All must remember this Psal 89.6 1 Sam. 2.30 Isa 42.8 48.11 Dan. 4.30 36. Acts 12.22 A very Learned man hath set it down Bodin Repub. l. p. 181. That for a Soveraign Prince to arrogate to himself the Titles of Most Excellent and Sacred Majesty is absurd the one being a point of Lightness and the other of Impiety For saith he what more can we give to the most Mighty and Immortal God if we take from him that which is proper to himself And he censureth the Princes of Germany for that in a Letter to the King of France there were V. S. M. which is Vestra Sacra Majestas which he calls An addition proper unto God 16. That a Disseiser taking a mans Land from him by (k) Littleton l. 3. c. 6. sec 385. Coke Com. Lit. upon the same place fo 238. a b. Coke l. 2. fo 56. Doct. Stud. c. 8. fo 16. force after a Discent he that hath Right and is the true Owner of the Land cannot enter upon the Heir of the Disseiser This is an unjust Law and a ridiculous thing That he that hath Right may not enter This was a Custome used in favour of such whose Ancestors had entred upon other mens Lands in the time of Wars and put out the Owners Then the Conqueror or Prevailing Party allowed this Priviledge to such of his Party who had so entred Here a man by doing Wrong gets a Right and the Magistrate ought to remedy it Isa 58.6 Ezek. 45.9 Psal 7.16 Luke 3.14 Mich. 2.2 Charta Forestae cap. Manwood Forest Laws par 2. n. 1. par 1. p. 139. 21 Ed. 1. c. Cowel Instit verbo Forest 17. The Laws concerning Chases Parks and Warrens are a great Oppression to the Common-wealth as now things stand as it 's partly declared before where the Charter of the Forest is spoken of It 's true King William the Conqueror had a Title which he got by his Sword and by his Bowe and had the more reason to dispose of those Lands as he pleased and of the Lands adjacent as men would hold of him But now time and it may be lawful Purchasees have made men Owners of such Lands and to make them subject to the Forest-Laws is a great Oppression and contrary to all those Laws of God which forbid Oppression It is to be hoped these waste grounds will be put to better use 2 Chron. 16.10 Isa 1.17 Prov. 22.16 Ezek. 18.7