Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	penny_n	pound_n	shilling_n	5,001	5	11.2551	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93553	A treatise of gavelkind, both name and thing. Shewing the true etymologie and derivation of the one, the nature, antiquity, and original of the other. With sundry emergent observations, both pleasant and profitable to be known of Kentish-men and others, especially such as are studious, either of the ancient custome, or the common law of this kingdome. By (a well-willer to both) William Somner.	Somner, William, 1598-1669.	1659 (1659)	Wing S4668; Thomason E1005_1; ESTC R207857	133,861	236

I will that Richard Hubbard the son of William Hubbard of Lynsfield shall have my house and all my land if that the Law will suffer it paying therefore to every one of my sisters Agnes Katherine and Margaret three pounds six shillings and eight pence to be paid within the space of two years next after my decease 8. Nor is this passage lesse pregnant and pertinent to our purpose taken from the will of John Stace of Leigh dated the 18th of March 1538. in the same Registry And also I will that if the Kings last Act in Parliament will not stand with my wife to enjoy the one half of my lands I will then that mine Executour shall pay yearly to Agnes my wife xl s. during the term of her life and that to be paid quarterly at the four usual terms by equal portions c. Argument In these five last wills mentioned Sarlys Byx Hunt Hubberd and Staces what means that doubt and question in the Testators whether their devises of houses and lands were good or would hold and stand firm in Law had there been such a Custome and had not the Law been clear otherwise in this case as well in Kent as elswhere I observe also that in the interim of 27. and 32. H. 8. some few and indeed but very few wills there are in the Registers at Canterbury wherein lands are devised some with Feoffment and some without at least without mention made of any As for the former those with Feoffment I find the most of them dated though in or after the year 27. yet before the sixth of May 28. year of that King until when the Act was not to come in force Besides happily the Feoffment was made before the Statute and so could not be revoked as I conceive without the Feoffees consent As for the rest those without mention of Feoffees some of them were of our City Canterbury or the like places where by particular Custome they might devise Others happily had Feoffments although not mentioned If not they were no other I conceive than wills de facto or de bene esse made nor did or could otherwise or further operate inure or take effect than the interessed or concerned parties should give way with whom in those elder times times of more and greater regard and reverence to the will of the dead than the present the dying parent or kinsmans mind declared in his will bare so great a sway and did so much prevail as to perswade with them to renounce an advantage to themselves for the fulfilling of the deceaseds solemne and declared mind Besides it follows not that because such wills and devises are found therefore they passed and were allowed of as good and effectuall the contrary whereof is more than probable by the ifs and conditions found in other wills of those times arguing plainly the Testators distrust and doubt of the validity and consequently of the successe and effect of his devise whereof examples are laid down before Before I close and wind up all I have onely this to add by way of offer from the party opponent to this Custome and his Councel which as a matter much considerable I may not pretermit that whereas that abundance of wills wherein lands are devised without mention of Feoffees found and produced from the Registries both of Canterbury and Rochester is much insisted on in behalf of the Custome if from the Registries of any other Diocesse out of Kent where such devises never did nor could obtein until the Statute of Wills of equal circuit and extent to either of these the very same thing may not as truly be observed and a proportionable number and quantity of such kind of wills wills of lands devised without mention of Feoffees cannot be produced and consequently the argument and inference thence drawn for the Custome cluded and avoided they will sit down convinced and with their adversaries subscribe unto that argument An offer this in my judgement so fair ingenuous and plausible as not to be rejected of any but such as out of a cavilling spirit are resolved to turn the deaf ear upon all fair and equal proposals that I say not such as for maintenance sake make it their study quocunque modo to maintain their spurious interest But that I may not seem to be what indeed I am far from being any otherwise than in truths behalf a partisan in this businesse I shall forbear all further censure and if I may but have the Readers leave to make my Epilogue I shall with thanks to him for that and the favour of all his other patience quit the stage of my discourse on this whole argument and make my Exit Many other things offer themselves to his discourse that would treat of Gavelkind to the full but they are I take it mostly points of Common Law which because they are not only out of my profession but besides my intention too which was to handle it chiefly in the historical part and that no further than might conduce to the discovery of the Primordiae or beginnings of it I will not wade or engage any further in the argument lest I be justly censured of a mind to thrust my sicle into another mans harvest onely so a close craving leave to supply the common Kentish Custumal at the end of Mr. Lambards Perambulation with one clause which according to an ancient copy registred in a quondam book of St. Augustines Abbey at Canterbury now remaining with my very noble and learned friend Sir Roger Twysden is to come in at pag. 574 lin 2. after these words Que de lay est ●e●● sans men viz. as that old copy gods on there E●si home ou femme seit feloun de sei mesmes qeil s●y mesmes de gre se ocye le Roy aura les charteuz tuts ni●nt l'an nele wast mes se heir seit tautost enherite sans contredit kar tout seit il feloun de sey mesmes il neyt my atteint de felonye Et clayment auxi c. as it follows in that printed Custumal Which clause as I conceive may be thus Englished And if a man or woman shall be a Felon of him or her self who shall kill him or her self of his or her own accord the King shall have all the Chattels and not the year and the waste but the Heir shall immediately inherit without contradiction for albeit he or she be a Felon of him or her self he or she is no● attainted of Felony Now craving pardon for what liberty I have taken to deliver my sence and give my conjecture on severall occasions here emergent I shall here cut the thred of this Discourse wishing that as I have not spared freely to speak my mind so that every man that pleaseth should assume the like liberty not sus●ecting me so opinionate of mine own vote as to wish much lesse to beg least of all to importune any unwilling mans concurrence though haply unprovided

submission to better judgements shall endeavour to evince without check I hope for presuming to control so great so many and those eminent Lawyers whereas here I oppose them not in point of Law but onely in matter of fact The first exception then that I take against this opinion is its inconsistencie with many several species of Socage-land or land said to be of Socage kind or tenure such as Petite Sergeanty Escuage certain Frankalmoigne Fee-ferm Burgage By Divine service and the like which have no manner of relation to the Plough or matters of Husbandry as originally they say Socage had and therefore still reteins the name though the cause whereupon it first grew be taken away by changing the service into money So Littleton An exception this warded off by the Patrons of the present derivation with a distinction of a double kind of Socage the one that so called à causâ the other ab effectu and to this latter sort Socage in effect are these of them referred as one would say Socage at large because partaking of the like effects and incidents with Socage But this distinction carries with it no great antiquity being questionlesse sought out since Bractons time as necessary to uphold that of his and his followers derivation of Socage from the Plough otherwise so inconsistent with these Tenures Not but that I hold them to be Socage with the common opinion but from another cause as I conceive whereof anon In the mean time I have a second exception against the derivation which is this that though that of the Plough may be the chief service wherein Socage is conversant yet are the Sycle and the Syth the Fork and the Flail and many such like attendants also upon it and concomitant services with it in Socage-land to derive then Socage ab aratro that being but one species of Socage-services is as improper under favour as at this day to define Feudum comprehending whatsoever fee is constituted for any lawful and honest service although not military by what the Feudists call Clientela militaris because a chief part of feudal service is military and that of old Fees for the most part were granted out militiae causâ an error into which Vulteius challengeth Hotoman to have fallen in his definition of Feudum thence which my Author cals a definition of a genus by a species concluding it not logical A third exception taken to it may be this that if Socage-land be so ancient under that notion as King Alfreds time as some will have it who tels us that in those dayes Socage-fee was divided between the heirs males why then was it not rather from the Saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying what Soc never did with them a Plough whence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for Plough almes being a pension of a penny imposed upon every Plough in the name of Almes called Sulh-age or Sul land to say Plough-service-land or how could it in those times be called Socage in the sence by this derivation intended when the word Soc if it signifie a Plough as it doth a Plough-share being in that sence a French word cannot in any reason be thought to have taken place here I mean in the Saxons times and so long before the French by their Conquest and intermixture with us following thereupon had prevailed to suppresse and extirpate the English language But if it cannot pretend to so much antiquity as being a term as well in the original as in the sence Norman or French then probably they would not have imposed it without some pattern some precedent of their own Countrey as used there in like case but doubtlesse this was wanting their term for land of this condition being Tenement Villein Villein Fief Fief Roturier Heritage Roturier and the like Besides had the term been of their imposing with intent to have it signifie Tillage-service Char●● being the usual word with them for a Plough fetch 't from Car●●● whence their Carucata terrae for a Plough land no● heard of here with us until their coming hither more likely it had been called Carucag● or the like as a certain Tribute by our Hen. 3. imposed by the Plough was therefore called Caruage Carucage and the like My next and last exception is from Fleta's derivation of Socmanni where speaking of the Kings manours he saith In hujusmodi verò maneriis erant olim liberi homines liberè tenentes quorum quidam cum per potentiores è tenementis suis ejecti fuerant eadem postmodum in Villenagium tenenda resumpserunt quia hujusmodi tenentes cultores Regis esse dinoscuntur eis provisa fuit quies ne sectas facerent ad Comitatus vel Hundredos vel ad aliquas inquisitiones assisas vel juratas nisi in manerio tantùm dum tamen pro terra quorum congregationem tunc Socam appellarunt hinc est quod Socmanni hodie dicuntur esse A Soca enim derivantur c. Where though he say that the Socmanni were Cultores Regis yet he sayes not that thence they were called Socmanni but that their Congregation their Assembly or Company was called Soca and hence it is faith he that they are termed Socmanni for they are derived from Soca c. Thus he Now if from Soca an Assembly of Husbandmen then not from Soc Sock or Soke a Plough To come now to that which I conceive to be the right and genuine derivation of the term Socage To expresse a Liberty Immunity Franchise Jurisdiction Protection Priviledge c. our Saxon Ancestours were known to have and use a word somewhat variously written of them viz. Soc Socne Soken and the like Hence to proceed to instances Sanctuary the priviledge sometime so called was of them termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 otherwise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 With them also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signified a jurisdiction to keep the peace 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an immunity from service in war or from warfare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Lords protection to his man or Tenant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being of a double sence signified both a priviledge or protection against assaults upon a man in his own house or under his own roof and a liberty or franchise to hold plea thereof with power of animadversion by mulct or fine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 imported a liberty or priviledge of Faldage debarred and denied unto Tenants in times past and by the Lord for the inriching his own Demesne lands reserved to himself Hence their word Faldwrth for him that enjoyed such a liberty Shall I now give you one example from the Normans Nullus enim Socnam habet impunè peccandi say the Laws of Hen. 1. cap. 24. speaking of Barons having Soch And to enlarge yet a little further touching Soc c. as it signified a Liberty Immunity Franchise Priviledge Jurisdiction c. so withall a Territory

that place for our both soules I him this pray 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for Gods love for S. Mary for S. Peters that it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 stand mought that sword with silver hilt that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wolfriht made that gilt pouch that bracelet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Wolfrihc made that drink-horne that I 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ere of that Covent bought at Ealdminster And I 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will that men take that money which Athelwolds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 widow me ought to pay which I for her ere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paid have dispose it Elfsy bishop to Ealdminster 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for my soule that is twelve pounds by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tale And I give to Christ-church in Canterbury 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those lands at Holingbourne and those which thereto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appertaine except that one plough-land that I to Siferth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 given have And those lands at Garwaldintune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I give those lands at Ritherfelde to the nuns 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 minster of Saint Mary gratis one silver 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 great piece of five pounds to New-minster one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 silver basin of five pounds in that holy Trinities 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 name that the place is dedicated to And I give to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Shaftesbury to that holy rood to Saint Edward 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those vi pounds which I to Edmund my brothr 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 committed have And I give to my father Ethelred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 King those lands at Cealtune except those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eight hides which I to Aelmer my Minister given 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 have And those lands at Northtone those lands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at Mulinton those silver hilted swords which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wlkytel possesseth that brigandine that with Morkere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is those horses that Thurbrand me gave 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those white horses which Liefwine me gave And I 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 give to Eadmund my brother those swords which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Offa King enjoyed And those swords with the hollow 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hilt one javelin and one silver hemmed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 war-trumpet and that land which I possesse in Eastangle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And those lands at Peakesdale And I will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that men deliver every yeare one dayes ferme to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 covent at Ely of this land on S. Etheldriths masseday 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 give likewise to the minster one hundred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pence feed there on that day an hundred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 poore Be ever this almes delivered yearly ow 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the land he that oweth whilest Christendom standeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And if he will not that almes performe who 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that land hath go that land to S. Etheldrith And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I give to Eadrith my brother one silver hilted sword 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And I give to Elfsy bishop one gilt crosse which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is with Eadrith Syfleds son one black stede And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I give to Elmer those lands at Hamelden which he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ere had And I pray my father for God Almighties 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 love for mine that he that give which I 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to him given have And I give to Godwine Wlnothes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sonne those lands at Cunitune which his father ere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 possessed And I give to Elfsith my foster-mother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for her great deserving those lands at Westune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which I bought of my father with three hundred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 marks lacking a half of gold by weight And I give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Elfwine my masse-priest those lands at Horelvestune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those swords which Wyther enjoyed And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my horse with my furniture And I give to Eylmere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my dish thane those eight hides at Cateringetune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one diverse-coloured stede those sharpe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 swords my target And I give to Syferth those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lands at High-cliffe one sword one horse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my bowed shield And I give to Ethelferrh Stameren 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lyving those lands at Tywynge And I give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Liefstane Liefwines brother what of that land-estate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which I of his brother took And I give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Lyemare at Bygrove those lands which I him ere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from took And I give to Godwine Drevelen those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 three hides of land at Little Gareshale And I give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Edrith Wynfelds sonne that sword which the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hand is on marked And I give to Elfwine my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 minister that sword which he to me sometime gave 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And I give to Elfnoth my sword white to my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Huntsman that stede which is at Colingeregge And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tender men of my gold to Elurith at Berton to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Godwine Drevelen so much as Eadmund my brother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 knowes that I to them of right to yeild ought 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now thank I my father with all humility in God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Almighties name for that answer which he to me sent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on Friday after midsummers masse-day by Elfgare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Elfstanes son which was that he to me signified by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my fathers message that I might by Gods permission 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by his give my lands my possessions as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to me most expedeient seemed either for God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the world And of this answer is to witnesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eadmund my brother Elfsy bishop Byrhtmer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Abbat Eilmer Eluriches sonne Now pray I all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wise men which my will shall hear read either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Clergie Laity that they be of assistance that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my will stand may sith my father