Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	knight_n	service_n	tenure_n	1,543	5	12.0443	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01292	A parallele or conference of the ciuill law, the canon law, and the common law of this realme of England VVherein the agreement and disagreement of these three lawes, and the causes and reasons of the said agreement and disagreement, are opened and discussed. Digested in sundry dialogues by William Fulbecke. At the end of these dialogues is annexed a table of the sections ...; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 1	Fulbeck, William, 1560-1603?	1601 (1601)	STC 11415; ESTC S102689	180,892	262

helde by before of the Manor for the Queenes acte may not preiudice her tenant f 29. H. 8. Br. Ca. 113. but where a man holdeth of the Q. by reason of an other thing as namely by reason of a Manour this is no tenure in Capite g 3. Eliz. Com̄ 241. Wilgous case but if the King be seised of a Manour and giueth to a straunger an acre of the Manour to haue and to hold to him and to his heires of his body engendred without expressing any seruice the donee shall hold of the king by knights seruice in Capite h Ibid 240. per Car. and tenures likewise may be to hold of one as of his person or of his Manor by diuerse other seruices as if a man had made a feoffement of land before the statute or a gift in taile sithence the statute to holde of him by the making of a bridge ouer certaine land or by making a beacon in the lande giuen this is a good tenure for a man may holde of an other by doing seruice for a common good as well as for the priuate profit of the Lord as to repaire a bridge or a high way or by keeping such a Castle for the Lorde himselfe in this hath profit with others i 11. H. 7. 12. 12. H. 7. 18. p Finch 24. H. 8. Br. Cas 51. Nomom You haue taken some paines Anglonomoph 7. Diuision 1 Whether one within age be compellable by law to do all maner of seruice either by himselfe or some other in discribing the particuler kindes of tenures now I would here somewhat of Codicgn whether one within age be excused from personal seruice because his age is not fit to serue so that the seruiceage is suspēded vntil the maturity of his age or whether he shal be compelled to do his seruice by a substitute Codicgn To dissolue that question a difference is to be taken for either the Father of the heire which is within age died in the warlike seruice 2 A diuersitie in the Ciuill law whether the father of such an infant dyed in a iust warre or at home in his bedde vndertaken for the defence of his Lorde in a iust warre I meane that which is waged for the safetie of the common weale or els he dyed in his house by humane infirmitie without any bearing of armes in the first case he is not bound to doe any seruice either in his owne person or by any other person interposed during his minoritie because his father who died in the field is supposed in Lawe still to serue by the glorie of his valor k Instit de Excus tutor §. sed si in bello ff ad leg Aqu. l. qua actione §. si quis in colluctatione which the best and most learned of all Poets did well imagine who when he had placed Caesar in the middest of extreme troubles to comforte and encourage him representeth vnto him the ghost of Scaeua one that dyed a good while before but yet after many assaults and many woūds stoode out as a Conqueror l Lucan li. 10. which conceite of Lucan Tasso a moderne Italian writer a man of an excellent poeticall witte in the discriptyon of Guidoes funerall doth passionatelye though Popishely glaunce at m S. Torquat Tasso Canto 4. Gierusal liberat but if the father died not in warre nor in the expedition but by naturall death in his owne house then if the heire at the death of his Father bee in his pupillage he must perfourme that seruice by a substitute Anglonomoph But by our Lawe he shall be in 3 That by the common law the infant shal be in warde if his father died seised of land helde by knights seruice without any such diuersitie warde to the Lorde during his minoritie if hee holde his landes by Knightes seruice and the Lorde shall haue the profits of his lande that he may maintaine a sufficient man to doe him seruice in the warre whereas the heire by reason of his tender age cannot personally performe the seruice nor by the want of discretion prouide a conuenient person to accomplishe it n Litt ' lib. 2. c. c 4. sect ' 3. but if he be made a Knight within age then because the Lawe intendeth that he is fit to doe his seruice because knighthoode is bestowed in regarde of precedent merite or of some eminent prowesse and towardnes as may appeare by that saying of Scipio in the Senate ab annis septemdecim ad senectutem semper vos aetatem meam honoribus vestris anteistis ego vestros honores rebus gerendis precessi o Liuius li. 38. the Law is otherwise But 2. Ed. 6. in the case of Sir Anthony Browne of Surrey vicount Mountegue a difference was taken where the tenant by 4 A diuersitie in the commō law where the heire of the tenāt by knights seruice is within age and a knight at the time of his fathers death where not Knights seruice dieth seised his heire being within age and a Knight at the time of his death and when after his death he is made Knight during his minoritie for in the former case it was helde that he should be in warde notwithstanding his knighthoode p 2. E. 6. Br. Gard 42. 72. For otherwise the auncestor may procure his sonne within age to be made knight by collusion to the intent to defraude the Lord of his warde but this seemeth to be but a weake reason because knighthood is not by intendement of the law graunted vpon so sleight a cause but it seemeth to Master Brooke where the heire is in ward and is made knight being in warde this shall free him from wardship for the statute of Magna Chartaca 3. Postquam heres fuerit in custodia cum ad aetatem peruenerit scil 21. annorum habeat heredit atem suam sine releuio sine fine ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra sua remaneat in custodia dominorum vsque ad terminum supradictum this saieth q Br. ibid. Master Brooke verie probaly guyding his opinion by the premisses is onely to be intended where the heire is made Knight within age being in warde after the death of his auncestour and not where he is made knight in the life of the auncestour but admitte this to be meant of such an heire onely yet by no consequence can a man inferre hereof that if an heire within age bee made knight in his fathers life time he shal be in warde after the death of his father nay there is good authoritie for the contrarie r 6. Elizab. Comm̄ 268. Nomomat Let mee knowe I pray you what 8. Diuision penalties lye vpon the tenant if hee doe not his seruice Codicgn By our Lawe the vassalle is depriued 1 What penalties lye vpnon the tenant if he do not his seruice of his

with a kisse greeted such as made the like protestation of obedience and loyaltie vnto him e Plutarth in Alexand. and long before that as it seemeth it was vsed in Iudaea for vpō these words of the Psalme ee Psalm 2. r. 12. kisse the sonne our english glosse addeth by way of interpretation in signe of homage and Tremellius and Iunius in signe of fealty sithence these times this respectiue humiliation hath spred it selfe into other countries and territories for the Duke of Gelderland did conceiue an oath in these words to Charles King of Fraunce Ego deuenio vassallus ligeus Caroli regis Francorum pro ratione quinquaginta millium scutorum auri ante festum diui Rhemigij mihi soluendorum c. e Bodin lib. 1. de repub c. 9. Nomom I desire greatly to know the originall 3. Diuision and first blossoming of other seignories Anglonomoph The most common seignorie of 1. What a Manor is and whereof it cōsisteth accompt which wee haue in our Law is a seignorie by reason of a Manor which may be thus defined A Manor it an inheritance of ancient continuance cōsisting of demesnes and seruices perquisites casualties things appendant and regardant customes liberties c. Nomoma What do so many things concurre to make a Manor will not demesnes and seruices serue Anglono Yes demesnes seruices will suffice as material causes to make a Manor f 26. H. 8. 4. but it is a naked Manor which hath nothing els Nomom I would gladly heare somewhat of the commencement and first creation of a Mannor Anglonomo M. Parkins doth very well originally 2. The originall of a Manor describe it in this manner The originall of a Manor was when the King did giue a thousand acres of lande or a greater or lesse parcell to one of his subiectes and his heires to holde of him and his heyres and the donee edifieth a house vpon this lande as his mansion place and of 20. acres or lesse or greater parcell he doth enfeoffe a straunger before the Statute of Quia empto terrar to holde of him and of his heires as of the same house by the plowing of 10. acres of arable lād parcell of that which remaineth in his owne possession and enfeoffeth and other of an other parcell to hold of him by carying ordure to his arable land and enfeoffeth a third man of a third parcell to goe with him in the warre against the Scots and so by continuance of time saith he a Manor is made g Park Reseruat fol. 128. Sect. 670. Yet by his fauour somewhat els goeth to the making of a Manor namely suite of Court at his house or mansion place h 33. H. 8. Br. Comprise 31. Mannor 5. and this suit must be the suite of more freeholders then one so that some doubt may be made of M. Kitchins assertion whē he saith that in some Manors there be no tenāts but copiholders and yet in such Mannors be Court barons i Kitch Court Leete Baron tit Maner●um fol. 4. for if all the freeholds do eschete vnto the Lord beside one or if he purchase al but one the mānor is extinct for it can not be a mānor vnlesse there be a Court baron belonging to it and a Court baron must be helde before suitors and not before one suitor therfore one freehold can not make a mannor k Br. Ca. Sect. 210. 23. H. 8. Br. Court baron 22. in fi 33. H. 8. Br. Suit 17. Nomom You haue well delared vnto me the 4 Diuision beginnings of Seignories and mannors but haue there bene no lawes made for the strengthning preseruing of thē for me thinks they be good meanes to increase support the wealth puissance and florishing estate of the Realme Anglono Yes our law in this case hath not either slūberd or winked For in the anciēt Statute of Magna Charta it is prouided that Nullus liber homo Statutes made for the preseruation of seignoties and Mannors det de caetero amplius de terra sua vel vēdat de caetero quàm vt de residuo terrae suae possit sufficienter fieri domino feodi seruitium ei debitum quod pertinet ad feodū illud l Magna charta c. 31. which statute as M. Stāford auoucheth is but a confirmation of the Cōmon law he a most diligent and exquisite searcher of the reasons of Lawe so that I may boldly speake of him that which I shall not say impudently vntruly Faelix qui potuit rerum cognoscere causas sifteth out the reason of this Lawe For saith he if one that held by Knights seruice might haue bene suffered to haue aliened the greatest part of his land he would haue aliened the same peraduenture to holde of him but in Socage or by some small rent and then hauing so little a liuelod lefte to himselfe how had he bene able to haue done the seruice of a Knight or man of warre or what should his Lord haue had in warde to haue found one to haue performed the seruice surely little or nothing m Stamf. praerog c. 7. tit Alienati sans licence But it seemeth doubtfull notwithstanding the Statute of Magna Chart. whether the tenaunt might alien his whole tenancie or not whereupon the Statute of Quia emptores terrarum was made which permitted euerie free man to sell his lands or tenements or any part therof at his pleasure to hold of the chief Lord by the same seruice that the feoffer held prouided alwaies that by any such sale there come no lands to mortmain This Statute as M. Stamford noteth remedieth the mischief which was before found in the wardship but not the other mischiefe touching the defence of the Realme for when one mans liuing is so dismembred neuer a one of the feoffees nor the feoffor is able to doe the seruice of a warrior for want of liuelode there being so little quantity of land in euery of their hands yea much more vnable sithence this statute is the feoffor then before for before when he gaue it to hold of himselfe he reserued somewhat in lieu of the land which went from him whereas now he can reserue nothing of common right n Stamf. ibid. And the land which he retaineth in his owne hands may perhaps be of small value Nomom What is the most generall and most common seruice of all 5. Diuision Anglonomoph Fealtie for that is incident to euery 1. Fealtie is the most generall seruice in the Common law 2. And in the Ciuill law tenure vnles it be tenure in frankalmoign o Littlet lib. 2 c. 3. Sect. 13. c. 5. Sect. 22. Codicgn So it is with vs for fealtie which of vs is called fidelitas is due to euerie Lord to whom any seruice is to be performed and euery ● That by the Ciuill law the Common law and the Canon law a

religious man ought to doe fealtie tenāt ought to do such seruice yea though he be a religious man and professed vnder rule p ca. vnico tit de natura feudi Et tit qualiter vassall iur deb sideli domi Et in ca. vnico tit quib mod feud amittatur Et in quib causis feudum amitt tit quae ●uit pri causa benef amit Canonolog But such a religious man may not say Ego deuenio homo vester nor humiliate himself to execute the rite of homage q C. veniēs C. ex diligenti de Simon grauem de excess praelat cap. fin de re Iud Anglonomo By our Law he may do homage but may not say to his Lord ego deuenio homo vester because he hath professed himself to be onely God his man but he may say I doe vnto you homage and to you shal be faithfull and loyall r Littlet lib. 2. c. 1. Sect. 2. Nonoma Shewe me I pray you some speciall 6. Diuision kinds of these seruices that I may know them morefully and more distinctly Codicgn Seruices are diuersified according 1. The diuerse kindes of seruices in the ciuill Law and their definitions to the qualities of the persons to whom they are to be done if it be to bee done to an Emperour it is to be tearmed an Imperiall seruice if to a King a regall seruice ſ Cap. 1. de feud march ducat● in ca. 1. quis dicat dux comes marchio if to Religious persons Ecclesiasticall if to Lay men secular t Tit. de his qui feud dar pos tit Episcop vel Abbat but when it is to bee done to a lesser estate then to an Emperour or King as to a Duke Marquesse or Earle then it is called feudum honoratum sometime land is giuen by inferior persons meaner men without expressing any seruice and thē the Law intendeth that fealty onely is to be done this is called Francū or Liberū u Ca. 1. de no. form fidel sometime it is giuen with reseruation of speciall seruice that is feudum non nobile a Ca. f● de capilan qui cur vendid somtime it is giuē in perpetuū sometime but for tearme of life and then it is called Perpetuum vel temporale b De feud march in prin de alien feud in fine de feud guard castald But though by the oath of fealtie the vassalle be bound to serue his Lord in warre yet this is limited to such case where the warre is not notoriously vniust or vnlawfull for if it be otherwise though hee doe him no seruice in warre yet he shall not forfeite his tenement c In cap Domino guerram in prin in tit hic sini lex deinde c. neither is he bound to do his seruice to his Lord if his Lorde bee excommunicate or bannished vntill he haue obteined absolution or a recalling from bannishment but d D. cap. Domino guerrā in sin in a iust warre the vassalle is bound to helpe his Lorde against euery other person who is not the Lorde of the vassalle yea euen against his father brother or sonne Anglonomoph Seruices in our Law are of diuerse 2. The diuerse kindes of seruices in the Common law and their definitions sorts some being more noble and some lesse noble of these which are more noble some belong to the king and some both to the king to subiects of these that belong to the king some be domestical only as Petite Sergeancie some bellicall onely as Knights seruice in Capite some both domesticall bellicall as grand sergeancie some of the more noble seruices belong vnto subiects as well as to the king as knights seruice and homage these which be lesse noble may be diuided into two brāches for either they are ingenuous or seruile the ingenuous are of two sorts either performable by particular men or a certaine people as fealtie rent seruice the like which make socage tenure or els performable by a certaine people onely as burgage the seruile or base seruice is villenage Of all these seruices saue such only as haue bin before described I will speake somewhat seuerally briefly and in order Petite Sergeancie is where a man holdeth his land of the King paying yerely vnto him a Bow or a speare or a dagger or a launce or a spurre of golde c. e Littlet lib. 2. ca. 9. sect ' 1. Knights seruice in Capite is where a man holdeth his landes or tenements of the king as of his crowne immediatly ab antiquo by doing some warlike seruice Graund sergeancie is where a man holdeth his lands or tenements of the king as of his Crowne immediatly by doing some speciall seruice to the King in person as by carying his banner or launce or by being his marshall or sewer or caruer or butler c. f Litt ' li. 2. ca. 8. sect ' 1. 23. H. 3. Gard 148 of homage and fealtie hath beene spoken before Rent seruice is where the tenant holdeth his lande of his Lorde by a certaine rent for which if it be behinde at the day wherein it ought to be paied the Lord may distreigne for it of common right Burgage is where the tenants of an auncient borough doe holde landes within the Borough of the King or some other person as of his borough by a certaine rent g Litt ' lib. 2. c. 10. sect ' 1. 2. Villenage is where a man holdeth of his Lorde either by doing vnto him some partiticuler base seruice and such a one is called a tenant by villenage or by doing generally whatsoeuer base seruice his Lorde will commaund and impose vpon him such a tenant he is tearmed in our Law a villaine h Litt. lib. 2. c 11. sect ' 1. 2 This miserable estate of villenage had his beginning soone after the diluge and now by the consent of all nations it is ratified for the West Indians though they haue 3 The original of villenage and the nature thereof no knowledge of diuine or humane Lawes yet bondmen they haue and the Mahometistes make Christians their bondeslaues the Portugallians make villaines of the Mahometistes which they sell by companies as flockes of sheepe in the market i Bodin lib. 1. de repub c. 5. The Romains had power by their law to sel or kil their villains k Tacit. li. 14. but for mittigation of cruelty the Law Petronia was made whereby it was forbidden that none should put his villaine to death without cause which law was executed by Nero l Senec. lib. 3. de benefic after by Adrianus m Sparcian in Adrian but our law a more concionable fauorer of life hath restrained the hands of the Lord from the bloudshed of his villaine and from the mayming of him n Lit● ' lib. 2. c. 11. sect ' 32. hauing regard to

the Law of God which recompenseth these bondmen with freedom whom the Master hath by some blowes maymed o Exo. 21. ver 26. 27. which lawe Constant the Emperor did put in practise p l. 1. de Emēd seruor C. but all the lands goods purchased possessed by the villaine the law frankly giueth to the Lord if he wil seise claime thē q Litt ' lib. 2. c. 11. sect ' 8. 10. wretched I cōfesse is the estate of such men but yet paciently to be tollerated because quā potestatē alijs deferre voluimus ferre debemus and they whose auncestors or thēselues haue acknowledged thēselues to be villains must now duetifully beare the yoake though Cui plus licet quàm parest plus vult quàm licet r Gellius lib. 17. c. 14. and let the Lords of such villaines harken to that which is spoken of an heathen man diuinely Boni moderatoris est restringere potestatem ſ Ammian lib. 29. but to leaue these particulers to proceed more generally as one man may hold lands of another by euery of these 4 The tenure wherby a man holdeth of an honor or Manor is discribed and by examples illustrated abouesaid seruices as of his person so likewise he may hold of him as of his Honor or Manor for if a man hold of the king as of any Honor which is come to his highnes by discēt from any of his aūcestours he shall not holde in Capite for by the words in the first Chapter of Prerogatiua regis it is euident that if it shal be said a tenure in Capite it must be holden of the Crowne of a long time the words be ab antiquo de Corona and that cannot be when it is but newly comen to the Crowne and the statute of Magna Charta cap. 31. did as Master Stamford saith helpe this matter by expresse words if such an Honor came to the Crowne by way of escheate but not if it came by way of discent or any other way and that statute doth set 5 Certain honors which be not of the auncientnes of the Crowne forth certaine honours by name which be not of the auncientnes of the Crowne that is to say the honor of Wallingford Notinghā Bullingbrook and Lancaster therefore he that holdeth of the King as of these Honors holdeth not of the king in chiefe t Stamfords Praerog c. 7. but other honors there be which of so long time haue been annexed to the Crowne that to hold of thē is to hold in chiefe for wheras one held of the king as of a certaine honor to 6 Some honors which are annexed to the C●owne yeeld a certaine rent to the keeping of the Castell of Douer this hath beene taken to be a tenure in chiefe and so it hath been thought if one held of his highnes as of the Honour of the Abbe of Marle u Fitz. nat bre 256. and Anno vndecimo of king Henry the seuenth the honor of Ralegh was annexed to the Crowne therefore if any man hold as of that honor it is a tenure in capite x 34. H. 8. ●r Cas 230. and therefore there is a good rule in the Register of Writtes that a man shall not make a fine for alienation of lands helde of the King as of his honor but for lande helde in Capite onely for there be certaine honors which be held in Capite there is a certain writ that the Eschetor shal not greeue any mā for alienation of land held as of an Honor for that is as of an honor and not as of the kings person no Fine shall be paied for the alienation of such lande a Regist ' 184. Br. Alienac ' 33. And whereas it was found by Office that lande was helde of the Queene as of her principalitie of Wales by the seruice of goinge with the Prince in Warre at the charge of the Prince per Curiā b 18. Eliz. Dy. per Curiam This is no Tenure in capite and Master Finchden putteth this diuersity that where an Honour is seised into the Kings handes if a Manor held of the Honor do escheat to the king by a common Escheate if the King alien the Manor to holde of him the tenant shall hold by the same seruices as hee helde by before of the Honour for the Honour seemeth to bee vice domini in this case and as a meane Lord but if it come to the King by forfaiture of warre or by some other treasō or by some other cause which toucheth the Kings person and the King seiseth and enfeoffeth an other the feoffee shall holde of the King as of his Crowne c 47. E. 3. 21. per Finchden and though the Statute of Magna Charta Cap. 31. before recited doe say Si quis tenuerit de nobis de aliqua escaeta vt de honore Wallingforde Bolen c. non faciet aliud seruitium quam fecit praeante yet this is to be intended of a common Escheate and not otherwise d 19. H. 8. 〈◊〉 Ca. 114. So a man may holde of the King as of his Manour and yet not holde in Capite for it was found by office that one helde land of the King as of his Manor of Plimpton and other landes as of his Manour of Darington which came to the king by the attainder of treason of the Marquesse of Exetor this hath beene thought to be no Tenure in capite for tenures in chiefe did begin in auncient time vpon the graunts of Kings to defende them against rebelles and enemies and at this day the Queene may create a tenure in Capite if shee giue lande to holde of her person otherwise it is if it be giuen to hold of an Honor Manour c. for a Tenure in chiefe must be immediatly of the King and is created by the King onely for a tenure created by a subiect cannot be a tenure in chiefe nor haue any prerogatiue annexed vnto it and if the tenants of an Honour should holde of the King in Capite the Honour when it came to the King should bee destroyed which may not be and there is no reason that the tenant in whom there is no default should be preiudiced in his tenancie by the offence of the Lorde e 30. H. 8. 44. Dyer and if the Q. purchase a Manour of which I. S. holdeth by knights seruice the tenant shall holde as he helde before and he needeth not to tender his liuerie nor primer seisin for he doth not hold in Capite but as of a Manour and if his heire be in ward by reason thereof he may haue an Ouster le maine at his ful age and if the Queene graunt the Manour afterward to W. N. in fee excepting the seruices of I. S. now I. S. holdeth of the Queene as of her highnesse person yet hee shall not holde in Capite but by such seruices as he