Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	john_n	justice_n	thomas_n	17,750	5	8.7458	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38520	Epistola Medio-Saxonica, or, Middlesex first letter to His Excellency, the Lord General Cromwell together with their petition concerning tithes and copy-holds of inheritance, presented to the supreme authority, the Parliament of England : wherein the tortious and illegal usurpation of tithes, contrary to Magna Charta, is discovered, the blemished dignity of copy-holders revived, and how lords of manors have formerly incroached upon their liberties, by imposing arbitrary fines, and multiplying of heriots : whereunto is annexed two additional cases concerning the unreasonable exactions of fines and heriots, contrary to law, in these latter times ...	Cromwell, Oliver, 1599-1658.; Wingfield, Augustus. Vindiciae Medico-Saxonicae.	1653 (1653)	Wing E3170; ESTC R5296	18,776	30

reason Law and custome So that if the Lord of the Manor did at any time goe about to disturb or put them out of their Tenements although they might not have an Assize yet they had Parvum breve de Recto secundum consuetudinem Manerii a small writ of right according to the custome of the Manor for to regain their Estates Bracton lib. 1. cap 2. lib. 5. cap. 2 where the writ is likewise expressed And in his 4th book and 28 Chap. He saith That if the Tenant be ejected by his Lord he shall have a jury impannell'd to enquire of the Covenant and consent of the Lord in admitting of him to be his Tenant whom he ejected and he shall be restored because Jura non debent juvare dominum contra voluntatem consensum suum quia semel voluit conventionem The Laws ought not to relieve the Lord against his own will and consent because he hath made a Covenant that his Copy-hold Tenant shall enjoy his Tenement performing his services and customes li. 2. cap. 8. and li. 4 cap. 28. And in the Reign of E. 3. and E. 4. Sir Iohn Danby and Thomas Brian Lord chief Justices were of opinion that Copy-holders ejected by their Lords might have an action of Trespasse Neither is Bracton single in his good esteem of privileged Sockmans or Copy-holders since Fieta writ by a great Lawyer about E. 2 his time and Ockam in H. 2. his Reign do both of them honour Copy-holders in those elder times with the name of customary Tenants And Ockam not only spake worthily of them but of their Original whose works through the envy and Tyranny of the times have not had the liberty to appear in publique And Lambard in his book De Priscis Anglorum legibus of the ancient Laws England saith That Copy-holds were long before the Conquest and then call'd by the name of Book-land and since the Conquest they have been honoured with many worthy appellations as of Copy-holders in H. 5. of Tenants by the Rod in H. 4. of Tenants by the Roll according to the will of the Lord in E. 3. of Customary Tenants in in E. 1. Cooks 1. p. Iust fol. 58. And because Copy-holders have been much abused in the late corrupt times of Monarchy not only in the disgracing of their Tenure but also in the altering and multiplying their Customes and services great persons falsly pretending as if poor Copy-holders had nil de jure but all de gratia nothing of right but all of favour Therefore for further satisfaction we will make some brief discovery therein Bracton in his first Book and second Chapter saith That the works of privileged Sockmans or Copy-holders were though servile yet certain and nominated And again in his 4th Book and 28th Chapter That qualified Sockmans had their Tenements granted unto them to hold by Covenant for certain services and customes named and expressed although the services and customes were servile that is with Cart Plough or the like at certain set times in the year according to agreement And again a little after Villani Sockmanii villana faciunt servitia Qualified Sockmans do servile works and services yet certain and determined Now Cook upon Magna Charta ch fol. 13. saith That in these words reasonable customes and reasonable services all Fines whether certain or uncertain and other Customes and Duties are comprehended And if so then for certain all Fines of Copy-holds were in Bractons time certain and not as now uncertain and Arbitrary But yet by the way take notice that he doth not speak of any Fines to be paid by Qualified Sockmans upon death or alienation that word under that notion being unknown to him or any other as we conceive of that age And having in his second Book and five and thirtieth Chapter treated at large who ought to do Homage and who Fealty and having shewed that both free and qualified Soccagers ought to do Fealty to their Lords comes in the following Chapter to treat of Reliefs and in the eighth branch of the Argument of that Chapter makes this Quaerie Si de Soccagiis dari debet relevium If of Soccages speaking plurally a relief ought to be given which must be understood both of free and qualified Soccage and towards the latter end of the Chapter saith Et nunc videndum si de Soccagio dari debet relevium And now next comes to be considered whether a Relief ought to be given of Soccage which being spoken indefinitely and in generall without adding any Epithet either of free or qualified must in all construction if you consult the beginning of the Chapter be understood both of free and qualified Soccage So that that duty or performance which upon the death of the Ancestor was given in recognitionem Dominii by way of acknowledgement of his Dominion and Lordship and as he saith ad relevandam haereditatem to relieve and raise the Estate and Inheritance into the hands of the Heir was Praestatio quaedam loco relevii a certain prestation or performance instead of a Relief for he will allow it properly to be a Relief which the Soccager either free or qualified paid due onely upon death but never upon alienation and was ever certain namely a double Quitrent that is to say one years Rent due to the Lord besides the yearly Quitrent And this is that Duty as we clearly conceive which since they have new named and called a Fine and exacted not onely upon deaths of Copy-holders but Alienations also and not onely according to two years Quitrent as by Law they ought but according to their unreasonable lusts and desires forcing from their Tenants not onely two years but even three years Fine and more according to the yearly value and Rent of the Land So that the Copy-holder who was wont according to the antient Law and Custome to pay for a Fine upon Death onely but two years value according to the Quitrent is now driven to pay two and three years value according to a full and rackt Rent and that upon alienations too con-contrary to the said antient Law and Custom and all good conscience Neither is Bracton alone in ascertaining the services and customes of Copy-holders but others have said the same and namely Britton a Bishop in E. 1. and very learned in the Laws and who at the Kings Command composed them into a compleat Volum where treating of Copy-holders of Inheritance setteth it down for positive Law that such were their privileges that their Lords might neither increase their services under which as before is shewed are comprehended Fines nor change them to make their Tenants doe other services or more Brit. fo 165. And accordingly was the judgement of a whole Parliament in the same Kings Reign though ill if not of purpose and vitiously translated which yet for further satisfaction we will here set down as we have received it pointed and comma'd by Cook in his 4th book of Reports in Browns