Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	issue_n	marry_v	son_n	15,790	5	5.2414	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51538	A defence of Amicia daughter of Hvgh Cyveliok, Earl of Chester wherein it is proved that Sir Peter Leicester Baronet, in his book entituled, Historical antiquities in two books, the first treating in general of Great Britain and Ireland, the second containing particular remarks concerning Cheshire, hath without any just ground declared the said Amicia to be a bastard/ by Sir Thomas Mainwaring ...	Mainwaring, Thomas, Sir, 1623-1689.	1673 (1673)	Wing M300; ESTC R13643	32,519	94

there be any occasion to alter the Common Law or to take it otherways in this particular then they did formerly because since there were Estates in Tail there could be no great occasion to make Gifts in Free-marriages and therefore my Lord Coke says in his First Part of Institutes fol. 178. b. That such Gifts are almost grown out of use and serve now principally for Moot Cases and Questions in the Law that thereupon were wont to arise Neither is there any weight in what you say That it seems to you that in those elder Ages Bastards were reputed of the Blood by the frequent appellation of them by the names of Uncle Brother Daughter Son and Cosin for by the same Reason you should repute them of the Blood now this Age being as civil to them in their expressions as any former Age could possibly be And for the Precedent you give me wherein you say Lands were given in libero maritagio with a Bastard I conceive it will not hold Because it doth not certainly appear that Geva was a Bastard for in all the Records that you cite she is called Earl Hugh's Daughter and in one of them she calls Randle Earl of Chester her Cosin which makes it probable that she was Legitimate especially since I do not find by any Deed Record or Author whatsoever that she is at any time called a Bastard As for your saying That it is plain out of Ordericus p. 787. that Geva was a Bastard because speaking of Hugh Lupus his death he adds these words Richardus autem pulcherrimus puer quem solum ex Ementrude Filia Hugonis de Claromonte genuit I am not satisfied but he might as well mean that he was the onely Son which Earl Hugh had by Ementrude as that he was the onely Child that he had by her For there is no necessity to take the word Solum adverbially neither is it marked as an Adverb in Ordericus his Book though it be so in yours and yet in his Book Adverbs are usually marked And though that Ordericus if his meaning were so might have worded it more clearly yet he many times expresseth himself worse then he doth here and particularly Pag. 871. And though he tells us Pag. 522. that E pellicibus plurimam sobolem utriusque sexus genuit yet he doth not say that Geva was one of them Neither is there any force in what you alledge that probably if Hugh Lupus had any more Legitimate Children by his Wife besides Earl Richard either Son or Daughter that Ordericus would have Recorded them as well as others being indeed his usual method through the whole course of his History For he could have no Legitimate Son but Earl Richard unless he had another Wife besides Ementrude Ordericus being express therein and possibly for some Reasons he might have another Wife besides Ementrude But whether Geva was by a First or second Wife I know no necessity to conclude that Ordericus should Record her I finding no such usual method of his as this which you speak of For he doth not that I see make it his business to Record what Wives or Children the Earls of Chester and other great Men had but onely speaks of them occasionally and so he also doth of some of their Illegitimate Children but if he made it his design to give an exact account of these things he ought to reckon Geva either amongst the lawful doubtful or illegitimate Children of Hugh Lupus And as to your Objection That if Geva had been Legitimate her Issue ought rather to have succeeded into the Earldom of Chester then Randle de Meschines after the death of Richard Earl of Chester That doth not at all follow because it is possible the Earldom of Chester at that time as most times Earldoms anciently were might be Entailed on the Heirs-males onely and then the Male Line being extinct why might not the King confer it as well upon Randle de Meschines who was a near Kinsman as upon a stranger Which later course is also usual at this day And it is very probable that the Earldom was Entailed on the Heirs-males onely for James York in his Vnion of Honor p. 105. says That this Randle was made Earl by Grant of King Henry the First and if so it came not to him by Descent So that all which you here object is fully answered But if it had been so that the Earldom had been to Descend to the Heirs General if Geva was Daughter of Hugh Lupus by another Wife besides Ementrude then the Earldom of Chester would have Descended from Earl Richard to Randle Meschines by his Mother being Aunt of the whole Blood to Richard and not to his Sister Geva or her Issue they being but of the Half Blood to him And whereas you desire me to shew you a Precedent where-ever the Heirs of an Aunt inherited before the Heirs of a Sister both legally born and no Heirs-male left unless in Case of Forfeiture by Treason or some other great cause to hinder the same I shall now shew you where an Honor in such a Case came to the Heirs of the younger Sister and not to the Heirs of the elder Sister which is full as much as if it were done in the Case of a Sister and an Aunt If you peruse the Magazin of Honor Collected by Mr. Bird and inlarged by Sir John Doderidge One of His Majesties Justices of the Kings Bench pag. 96. you will there find That whereas Radulfe Lord Cromwel being a Baron by Writ died without Issue having Two Sisters and Coheirs Elizabeth the Eldest married to Sir Thomas Nevil and Joan the Younger married to Sir Hunt Bourcher He who had married the Younger Sister was called to the Parliament as Lord Cromwel and not the said Sir Tho. Nevil who had married the Elder Sister so that you see no convincing Argument can be brought from the enjoyment of the Earldom by Randle de Meschines however the Case prove to be I do therefore still conceive That it is very clear that Lands or Services never were in any Age passed In libero Maritagio with a Bastard or with any one that was not of the Blood but onely for Term of Life and that with Livery and Seisin and consequently all persons to whom such Deeds or Grants were made unless for life only are certainly to be concluded Legitimate and if you will bring a Convincing Precedent to the contrary do not produce a Record or Deed of Lands or Services given with one that you suppose to be a Bastard or not of the Blood but first clearly prove That the party was certainly a Bastard or not of the Blood by some Deed Record or Ancient History and shew Lands or Services so given with her and then there will be some strength in such a Precedent But what will you say If this Deed which you alledge to be made to Geva will not at all concern Amicia if Geva were a Bastard If

you look Fitz-Herberts Graund Abridgment 9 Hen. 3. Dower 202. the words run thus Si le Roy donne certeine tre a un homme ove une feme en mariage si le bar ' nad issue pur la feme il naver la tre apres la morte la feme mes cest issu q' la feme au devaunt enherit c. So that you see in these Cases of Free Marriage my Lord Coke makes no difference between these words Ove une feme and these words With a Woman of his Kinred and by the same Reason being in the Case of Frank-marriage also Glanvile's words Cum alia qualibet muliere are to be understood with any other Woman of his Kinred onely Also which is very observable Glanvile was first made Justice of England 26 Hen. 2. as Mr. Dugdale tells you in his Chronology of Lord Chancellors Lord Keepers Lord Treasurers Justices c. which was about Forty five years before the 9 Hen. 3. Therefore what likelihood is there that the Law should be differently taken in so short a time from what it was in the time of Glanvile and especially since the Statute of Westminster the Second was not made till about Threescore years after the Nineth of King Henry the Third Fifthly Because the Author of the Book called The Laws Resolutions of Womens Rights Printed by the Assigns of John More 1632. doth tell us That in old time these Gifts in Frank-marriage were to be made to them of the Kinred as well as now His words in his Thirty third Section of Frank-marriage pag. 73. are these It was as I suppose more frequent in the old time that Men gave Lands with their Daughters in Marriage then it was at this day but now as then if a Man liberally and freely without any Money or other considerations save onely Love and Natural Affection give Lands or Tenements to another Man with a Woman which is a Daughter Sister or Cosin to the Donor in Frank-marriage whether it be tempore Matrimonii vel ante vel post This word Frank-marriage maketh an Estate of Inheritance viz. to the Donees and the Heirs of their Two Bodies and they shall hold quite of all manner of Services except the pure Fealty till the Fourth degree be past but the Issue in the Fifth degree and his Descendant shall hold of the Donor and his Heirs as they hold over Sixthly Because the Author of the old Treatise commonly called Fleta in the Third Book and Eleventh Chapter De donationibus in Maritagiis doth imply that these kind of Gifts must be made to them of the Kinred his very words are these Est autem quoddam Maritagium liberum ab omni servitio solutum donatori vel ejus haeredibus usque ad tertium haeredem vel usque ad quartum gradum faciendum debent gradus sic computari ut Donatorius primum faciat gradum haeres ejus secundum gradum haeres haeredis tertium haeres secundi haeredis quartum qui quidem tenebitur ad servitium ut ad homagium prius autem minime ne Donator vel ejus haeredes per homagium homagii acceptionem a reversione repellantur sed in quarto gradu pro eo quod tune vehementer presumitur quod terra non est pro defectu haeredum donatoriarum reversura quia etsi propinquos haeredes non habeat vel cum habeat defecerint ad donatorem vel ejus haeredes qui homagium ceperint non erit terra reversura dum tamen aliquis remotus de consanguinitate appareat qui jus in haereditatem poterit vendicare alioquin evanescit homagium revertetur Et cum de sanguine homagium factum fuerit extunc obligatur homo ad servitium quia servitium semper sequitur homagium c. Seventhly Because Bracton lib. 2. cap. 7. par 3. says thus Et sciendum quod terra datur aliquando ante sponsalia propter nuptias a patre mulieris vel alio parente ipsi marito cum muliere aliqua vel utrique simul sc tali viro uxori suae quod idem est eorum haeredibus vel alicui mulieri ad se maritandam c. And presently after Fit etiam talis donatio ante Matrimonium contractum aliquando in ipso contractu aliquando post contractum Which in my apprehension is as much as to say That this kind of Gift can onely be made by the Father Mother or some other Kinsman for the word parens or parent in Latine and French hath oftentimes that signification and of this opinion was my Lord Coke For in his Institutes upon Littleton pag. 21. b. he tells you That one of those things incident to a Frank-marriage is that the Woman that is the cause of the Gift be of the Blood of the Donor and for this as appears Letter 1 amongst other Proofs he in the Margent cites Bracton lib. 2. cap. 7. Also which is very considerable Mr. Bracton here useth this expression Cum muliere aliqua and yet meaneth a Kinswoman and why then should we think that Mr. Glanvile doth not mean a Kinswoman though he use this expression Cum alia qualibet muliere and especially since my Lord Coke in the very Page of his Institutes last mentioned quotes Mr. Glanvile lib. 7. cap. 18. And amongst others that expression of his Cum aliqua muliere in Maritagium and also in the Margent cites Glanvile lib. 7. cap. 1. the very place on which you frame your Argument which he would never have done if he had thought the opinion of Glanvile had been contradictory to his own And if there had been any such thing as that the Law in this point had been severally taken in so very short a space as betwixt the time of Bracton and Glanvile sure my Lord Coke would in that place have taken notice thereof Eightly and lastly The Law appears to be the same in this Case which it was in Glanvile's time because as Littleton tells us in his 271 Section Gifts in Free-marriage were by the Common Law before the Statute of Westminster the Second Now the Common Law hath always been the same and as my Lord Coke tells us in his First Part of Institutes fol. 115. b. hath no Controuler in any part of it but the High Court of Parliament and if it be not abrogated or altered by Parliament it remains still But the Parliament hath made no alteration concerning Gifts in Free-marriage except the said Statute of Westminster the Second cap. 1. By which they turned the Estate that passed by those Gifts in Feesimple into an Estate Tail all Inheritances being Feesimple before the said Statute so that in other respects the Law in this Case remains as it did And that this is so I conceive is very clear because I suppose neither you nor any other person can tell any one particular in which the Common Law is or hath been altered but by Act of Parliament Neither could

carefully tricked out the Tenth day of August in the year of our Lord One thousand six hundred and forty from a Glass Window in Holmes Chappel in Cheshire where they were then Kneeling with the Coats of Arms of Nedham and Mainwaring empaled betwixt them and Three Sons Kneeling behind the said Sir Robert and Two Daughters Kneeling behind the said Dame Agnes together with this Inscription Orate pro bono Statu Roberti Nedam Militis Agnetis Vxoris ejus pro animabus Thomae Johannis Roberti filiorum pro bono statu Matildae Johannae filiarum ejus Roberti fieri in Anno Domini Mcccccxliiij Also in the Chancel of the Parish Church of Adderley in the County of Salop being the usual Burial place of the Nedhams of Shenton in the said County which Family of Nedham is now honored with the Title of Viscount Kilmorey of the Kingdom of Ireland there do yet remain the Monuments of the said Sir Robert and Dame Agnes there being on a Blowish Marble Stone the Pictures of the said Sir Robert Nedham and Dame Agnes and Seven Sons and Two Daughters as also an Inscription all of them of Brass which Inscription is as followeth HEre lieth Buried under this Stone the Bodes of Syr Robart Nedeham Knight and Dame Agnes his Wyffe Daughter of Iohn Maynwaring of Pever Esquyer which sayd Robart deceassed the iiii daye of Iune An. Domini 1556. And the said Agnes deceassed the ii daye of Maye Anno Domini 1560. FINIS Books Printed for and sold By Samuel Lowndes at his Shop over against Exeter House in the Strand DE Jure Uniformitatis Ecclesiasticae or Three Books of the Rights belonging to an Uniformity in Churches In which things the Laws of Nature and Nations and of the Divine Law concerning the Ecclesiastical State with the Civil are unfolded By Richard Davis Chaplain to His Grace the Duke of Buckingham in Fol. The true Prophecies of Michael Nostradamus Physitian to Henry the Second Francis the Second and Charles the Nineth Kings of France and one of the best Astronomers that ever were A work full of curiosity and learning Translated by Theo. de Garencieres Doctor of Physick London Folio Aerius Redivivus Or the History of the Presbyterians containing the Beginnings Progress and Successes of that active Sect. Their oppositions to Monarchical and Episcopal Government their Innovations in the Church and their Imbroilments of the Kingdoms and Estates of Christendom in the pursuit of their designs from the year 1536. to the year 1647. By Peter Heylyn D. D. And Chaplain to Charles the First and Second Monarchs of Great Britain The Compleat Horsman and Expert Farrier in Two Books 1. Shewing the manner of breeding good Horses with their choice Nature Riding and Dieting as well for Running as Hunting as also directing the Groom and Keeper his true Office 2. Directing the most exact and approved manner how to know and cure all Diseases in Horses A work containing the Secrets and best skill belonging either to Farrier or Hors-Leach the Cures placed Alphabetically with hundreds of Medicines never before Imprinted by any Author In Quarto The Famous Conclave wherein Clement the Eight was elected Pope with the Intrigues and Cunning Devices of that Ecclesiastical Assembly in Quarto A Familiar Discourse between George a true hearted English Gentleman and Hans a Dutch Merchant concerning the present Affairs of England in Quarto A Short and Strange Relation of some part of the Life of Taffaletta The Great Conqueror and Emperor of Barbary in Quarto Paul Festeau's French Grammar being the newest and exactest Method now extant for the attaining to the Purity of the French Tongue Augmented and inriched with several choice and new Dialogues in Octavo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Or a View of all Religions in the World with the several Church Governments from the Creation to these times also a discovery of all known Heresies in all ages and places and choice observations and reflections throughout the whole World Enlarged and Perfected by Alexander Ross in Octavo Of Credulity and Incredulity in things Divino and Spiritual among other things a true and faithful Account is given of the Platonick Philosophy as it hath reference to Christianity As also the business of Witches and Witchcraft fully argued and disputed by Merick Causabon Doctor in Divinity and one of the Prebends of Christ Church in Canterbury in Octavo Cicero against Cataline In four Invective Orations concerning the whole manner of discovering that notorious Conspiracy in Octavo Sermon Preche Devant le Roy a Whitehal Par le Docteur Tillotson Doyen de Canterbury In Octavo The Sinners Tears in Meditations and Prayers By Tho. Fettiplace Dom. Pet. Cantab. In Twelves The Gentile Sinner or England 's Brave Gentleman Charactered In a Letter to a Friend as he is and as he should be By Clement Ellis M. A. Fellow of Qu. Col. Oxon. Private Devotions digested into Six Letanies 1. Confession 2. Deprecation 3. Supplication 4. Thanksgiving 5. Intercession 6. For the Sick With Directions and Prayers for the Lords day Sacrament Day of Death and Judgment and two daily Prayers for Morning and Evening Twenty fours FINIS