Selected quad for the lemma: son_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
son_n	earl_n	lord_n	marry_v	29,797	5	10.0300	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12533	De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.; Common-wealth of England	Smith, Thomas, Sir, 1513-1577.	1583 (1583)	STC 22857; ESTC S117628	79,409	124

also we do reiect women as those whom nature hath made to keepe home and to nourish their familie and children and not to medle with matters abroade nor to beare office in a citie or common wealth no more than children and infantes except it be in such cases as the authoritie is annexed to the blood and progenie as the crowne a dutchie or an erledome for there the blood is respected not the age nor y e sexe Whereby an absolute Quéene an absolute Dutches or Countesse those I call absolute which haue the name not by being maried to a king duke or erle but by being the true right next successors in the dignitie and vpon whom by right of the blood that title is descended These I say haue the same authoritie although they be women or children in that kingdome dutchie or earledome as they shoulde haue had if they had bin men of full age For the right and honour of the blood and the quietnes and suertie of the realme is more to be considered than either the tender age as yet impotent to rule or the sexe not accustomed otherwise to intermeddle with publicke affaires being by common intendment vnderstood that such personages neuer do lacke the counsell of such graue and discreete men as be able to supplie all other defectes This as I sayde is not enough But the diuision of these which be participant of the common wealth is one way of them that beare office the other of them that beare none the first are called magistrates the second priuate men Another the like was among the Romanes of Partricij plebei thone striuing with thother a long time the patricij many yeares excluding the plebes from bearing rule vntill at last all magistrates were made cōmon betweene thē yet was there another diuision of the Romanes into senatores equites and plebs the Greekes had also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Frēch haue also at this day les nobles la populare or gentils homes villaines we in England diuide our men commonly into foure fortes gentlemen citizens and yeomen artificers and laborers Of gentlemen the first and chiefe are the king the prince dukes marquises earles vicountes barrons and these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the nobility and all these are called Lords and noblemen next to these be knights esquiers and simple gentlemen Of the first part of gentlemen of englande called Nobilitas maior CHAP. 17. DUkes marquises erles vicountes and barrons either be created by the prince or come to that honor by being the eldest sonnes as highest next in succession to their parentes For the eldest of dukes sonnes during his fathers lyfe is called an earle an earles sonne is called by the name of a vicount or baron or else according as the creation is The creation I cal the first donation and condition of the honour giuen by the prince for good seruice done by him and aduauncement that the prince will bestowe vpon him which with the title of that honour is commonly but not alwayes giuen to him and to his heires males only the rest of the sonnes of the nobilitie by the rigor of the lawe be but esquiers yet in common speeche all dukes and marquises sonnes and the eldest sonne of an earle be called Lordes The which name commonly doth agree to none of lower degree than barrons excepting such onely as be thereunto by some speciall office called The barrony or degree of Lordes doth answere to the dignitie of the Senators of Rome and the title of our nobilitie to their patricij when patricij did betoken senatores aut senatorum filios Census senatorius was in Rome at diuerse times diuerse and in Englande no man is created barron excepte he may dispend of yearly reuenue one thousand poundes or one thousand markes at the least Vicountes earles marquises and dukes more according to the proportion of the degree and honour but though by chaunce he or his sonne haue lesse he keepeth his degree but if they decay by excesse and be not able to maintaine the honour as senatores Romani were amoti senatu so sometimes they are not admitted to the vpper house in the parliament although they keepe the name of Lorde still Of the second sort of gentlemē which may be called Nobilitas minor first of knightes CHAP. 18. NO man is a knight by succession not the king or prince And the name of prince in england 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 betokeneth the kinges eldest sonne or prince of wales although the king himselfe his eldest sonne and all dukes be called by generall name princes But as in Fraunce the kinges eldest sonne hath the title of the daulphine and he or the next heire apparant to the crowne is monsire so in Englande the kinges eldest sonne is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the prince Knightes therefore be not borne but made either before the battle to encourage them the more to aduenture their liues or after the conflict as aduauncement for their hardinesse and manhood alreadie shewed or out of the warre for some great seruice done or some good hope through the vertues which do appeare in them And they are made either by the king himselfe or by his commission and royall authoritie giuen for the same purpose or by his liuetenaunt in the warres who hath his royall and absolute power committed to him for that time And that order seemeth to aunswere in part to that which the Romanes called Equites Romanos differing in some pointes and agreeing in other as their commō wealth and ours do differ and agree for neuer in all pointes one common wealth doth agree with an other no nor long time any one common wealth with it selfe For al chaungeth continually to more or lesse and still to diuerse diuerse orders as the diuersity of times do present occasion and the mutabilitie of mens wittes doth inuent and assay new wayes to reforme and amende that werein they do finde fault Equites Romani were chosen ex censu y e is according to their substance and riches So be knightes in England most commonly according to the yearely reuenew of their landes being able to maintaine that estate yet all they that had Equestrem censum non legebantur equites No more are all made knightes in Englande that may dispende a knightes land or fee but they onely whom the king wil so honour The number of Equites was vncertaine and so it is of knightes at the pleasure of the prince Equites Romani had equum publicum The knightes of England haue not so but finde their own horse themselues in peace time and most vsually in warres Census equester was among the Romanes at dinerse times of diuerse valew but in England whosoeuer may dispende of his free landes 40. l. sterling of yearely reuenue by an olde law of Englande either at the coronatiō of the king or mariage of his daughter or at the

baptisme did find so it did leaue them for it chaungeth not ciuill lawes nor compactes amongest men which be not contrarie to Gods lawes but rather maintaineth them by obedience Which séeing men of good conscience hauing that scruple whereof I wrote before haue by litle and litle found meanes to haue and obtaine the profit of seruitude and bondage which gentilitie did vse and is vsed to this day amongest Christians on the one part and Turkes and Gentils on the other part whē warre is betwixt them vpon those whō they take in battaile Turkes and Gentiles I call them which vsing not our lawe the one beléeueth in one God the other in many gods of whom they make Images For the lawe of Iewes is well ynough knowen at this day so farre as I can learne amongst all people Iewes be holden as it were in a common seruitude and haue no rule nor dominion as their own prophesies doe tell that they should not haue after that Christ was promised to them was of them refused for when they would not acknowledge him obstinatly for taking their helpe in soule for the life to come and honour in this worlde for the time present not taking the good tidinges newes and euangill brought to them for their disobedience by the great grace of God and by the promise of the Prophets ●ructified in vs which be Gentils and brought forth this humanitie gentlenes honour and godly knowledge which is seene at this present But to returne to the purpose This perswasiō I say of Christians not to make nor kéepe his brother in Christ seruile bond and vnderling for euer vnto him as a beast rather than as a man and the humanitie which the Christian religion doth teache hath engendered through Realmes not néere to Turkes and Barbarians a doubt a conscience and scruple to haue seruants and bondmen yet necessitie on both sides of the one to haue helpe on the other to haue seruice hath kept a figure or fashion thereof So that some would not haue bondmen but ascripticij glebae and villaines regardant to the ground to the intent their seruice might be furnished and that the countrie being euill vnwholsome and other wise barren should not be desolate Others afterwardes found out the wayes and meanes that not the men but the land should be bound and bring with it such bondage and seruice to him that occupieth it as to carie the Lordes dung vnto the fieldes to plough his ground at certaine daies sowe reape come to his Court sweare faith vnto him and in the ende to holde the lande but by copie of the Lords court rolle and at the will of the Lord. This tenure is called also in our lawe villaine bonde or seruile tenure yet to consider more déepely all lande euen that which is called most frée lande hath a bondage annexed vnto it not as naturally the lower ground must suffer and receiue the water and filth which falleth from the higher ground nor such as Iustinian speaketh of de seruitudinibus praediorum rusticorum vrbanorum but the lande doeth bring a certaine kind of seruitude to the prossessor For no man holdeth land simply frée in Englande but he or she that holdeth the Crowne of Englande all others holde their land in fée that is vpon a faith or trust and some seruice to be done to an other Lorde of a mannor as his superior and he againe of an higher Lorde till it come to the Prince him that holdeth the Crowne So that if a man die and it be found that he hath land which he holdeth but of whom no man can tell this is vnderstoode to be holden of the Crowne and in capitie which is much like to knights seruice and draweth vnto it thrée seruices homage ward and mariage That is he shall sweare to be his man and to be true vnto him of whom he holdeth the lande His sonne who holdeth the land after the death of his father shall be maried where it pleaseth the Lorde He that holdeth the lande most freely of a temporall man for franke almose and franke mariage hath an other cause and nature holdeth by fealtie onely which is he shal sweare to be true to the Lorde and doe such seruice as appertaineth for the land which he holdeth of the Lord. So that all frée lande in Englande is holden in fée or feodo which is asmuch to say as in fide or fiducia That is in trust and confidence that he shall be true to the Lorde of whom he holdeth it pay such rents doe such seruice and obserue such conditions as was annexed to the first donation Thus all sauing the Prince be not viri domini but rather fiduciary domini possessores This is a more likely interpretation than that which Litleton doeth put in his booke who saith that feodum idem est quod haereditas which it doeth betoken in no language This hapneth many times to them who be of great witte and learning yet not séene in many tongues or marketh not the deduction of wordes which time doth alter Fides in Latine the Gothes comming into Italie and corrupting the language was turned first into fede and at this day in Italie they will say in fide en fede or ala fe And some vncunning Law●ers that would make a newe barbarous latine worde to betoken lande giuen in fidem or as the Italian saith in fede or fe made it in feudum or feodum The nature of the worde appeareth more euident in those which we call to fef feof or feoffees the one be fiduciary possessores or fidei commissarij the other is dare in fiduciam or fidei commissum or more latinely fidei committere The same Litleton was as much deceiued in withernam diuerse other olde wordes This withernam he interpreteth vetitum nauium in what language I knowe not whereas in trueth it is in plaine Dutche and in our olde Saxon language wyther nempt alterum accipere iterum rapere a worde that betokeneth that which in barbarous Latine is called represalia when one taking of me a distresse which in Latine is called pignus or any other thing and carying it away out of the iurisdiction wherein I dwell I take by order of him that hath iurisdiction an other of him againe or of some other of that iurisdiction and doe bring it into the iurisdiction wherein I dwell that by equal wrong I may come to haue equall right The manner of represalia and that we call withernam is not altogether one But the nature of them both is as I haue described and the proper signification of the words doe not much differ But to returne thither where we did digresse ye see that where the persons be frée and the bodies at full libertie and maximè ingenui yet by annexing a condition to the lande there is meanes to bring the owners and possessors thereof into a certaine seruitude or rather libertinitie That the tenaunts beside

possessor ab intestato for a debt which the dead ought me I must sue in the temporall court These two courtes the temporall and the spirituall be so diuided that who so euer sueth for any thing to Rome or in any spirituall court for that cause or action which may be pleaded in the temporall court of the Realme by an olde lawe of Englande hee falleth into a praemunire that is hee forsetteth all his goods to the Prince and his body to remaine in prison during the Princes pleasure and not that onely but the Iudge the scribe the procurer and assessor which receiueth and doth maintaine that vsurped pleading doth incur the same daunger Whether the word praemunire doeth betoken that the authoritie iurisdiction of the realme is prouided for before and defended by that lawe and therefore it hath that name praemunire or praemuniri or because that by that lawe such an attemture hath had warning giuen before to him of the daunger into which he falleth by such attempt and then praemunire is barbarously written for praemonere praemoneri as some men haue helde opinion I will not define the effect is as I haue declared and the lawe was first made in king Richarde the secondes time and is the remedie which is vsed when the spirituall iurisdiction will goe about to encroch any thing vpon the temporall courts Because this court or forme which is called curia christianitatis is yet taken as appeareth for an externe and forren court and differreth from the policie and manner of gouernment of the Realme and is an other court as appeareth by the act and writ of praemunire than curia regis aut reginae Yet at this present this court as well as others hath her force power authoritie rule and iurisdiction from the royall maiestie and the crowne of England from no other forren potentate or power vnder God which being granted as indéede it is true it may nowe appeare by some reason that the first statute of praemuni●e whereof I haue spoken hath nowe no place in Englande séeing there is no pleading alibi quam in curia regis ac reginae I haue declared summarily as it were in a chart or mappe or as Aristotle termeth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the forme and manner of the gouernement of Englande and the policie thereof and sette before your eies the principall pointes wherein it doth differ from the policie or gouernment at this time vsed in Fraunce Italie Spaine Germanie and all other countries which doe followe the ciuill lawe of the Romanes compiled by Iustinian into his pandects and code not in that sort as Plato made his common wealth or Zenophon his kingdom of Persia nor as Syr Thomas More his Vtopia being feigned common wealths such as neuer was nor neuer shall be vaine imaginations phantasies of Philosophers to occupie the time and to exercise their wittes but so as Englande standeth and is gouerned at this day the xxviij of March Anno 1565. in the vij yeare of the raigne and administration thereof by the most vertuous and noble Quéene Elizabeth daughter to King Henrie the eight and in the one fiftéeth yéere of mine age when I was ambassador for her maiestie in the court of Fraunce the scepter whereof at that time the noble Prince and of great hope Charles Maximilian did holde hauing then raigned iiij yeares So that whether I writ true or not it is easie to be séene with eies as a man would say and felt with handes Wherfore this being as a proiect or table of a common wealth truely laide before you not fained by putting a case let vs compare it with common wealthes which be at this day in esse or doe remaine discribed in true histories especially in such pointes wherein the one differeth from the other to sée who hath taken the righter truer and more commodious way to gouerne the people aswell in warre as in peace This will be no illiberall occupation for him that is a Philosopher and hath a delight in disputing nor vnprofitable for him who hath to do hath good will to serue the Prince and the common wealth in giuing counsell for the better administration thereof Thomas Smyth FINIS Monarchia Aristocratiae Democratia Iust. Rex Tyrannus Populus Dictatorship Tyrannis Respublica Domus seu familia Prouining or propagation is when a mā layeth a brāch of a Vine or Osier or any other tree into the groūd so that it taketh roote of it selfe may liue though it be cut then from the first roote or stock Pagus Oppidum Ciuitas Nobilitas maior Eldest sonnes of dukes are not earles by birth but Lordes and take their place aboue earles and so are eldest sons in respect of barons Esquires of honour or Lordes Verè Lantzknechti lancearius a speareman Eques auratus The making of a knight Sire quasi Senior Alias Tribunitijs Sauing in appels and vpon a speciall plea. Actio is the parties whole suite breue is the kings precept But somtimes it is determined by the same court onely This shoulde be ment of a respondes ouster when the opinion is against him that taketh an exception which is not peremptorie He may denie it by protestation That is not order but abuse Courtisie and not dutie Hundreds were named of townes hils or other markes This is not alwaies and in al places obserued but onely concerning the graund enquest The vse of capias and exigent vpon inditementes is otherwise They are put to fines One or two Constables hedboroughes or tithingmen The deliuerie to the Bishops prison and the purgation is taken away by statute They must be two at the least that conspired Quere Or rather high stewa●● of England● No more euidence on the behalfe of the plaintife but of the defendant there may The statute of 23. Henrie 8. doth not abolish common lawe but giueth a more profitable for the plaintife In appeale the battle is tryed by the parties onely and in writs of right by champions The battle or Iurie is at the election of the defendant Sent for by Sub poena Gardian in cheualry and gardian in Socage But the Lorde shalbe punished for the wast by losse of the ward or treble dammages if that suffice not She is no Ladie by the law although so called of courtisie It is auoidable after the husbandes death except it be for xxi yeares or three liues according to the statute or except they leuie a fine She shalbe endowed at y e discretion of the sherife except in few cases Litleton did not interpret the word feodu simply but rather define or describe the nature therof Litleton seene in the tongues as Sir Thomas Smith was in Litleton Which ought to be tride in the temporall court

for the most part following such diuision as is vsed in London either by thirdes or halfes Our forefathers newely conuerted to the Christian faith had such confidence in their pastors instructours and tooke them to be men of such conscience that they committed that matter to their discretion and belike at the first they were such as would séeke no priuate profit to themselues thereby that being once so ordeined hath still so continued The abuse which hath followed was in part redressed by certaine actes of parliament made in the time of king Henrie the eight touching the probate of testamentes committing of administration mortuaries But to turne to the matter which we nowe haue in hande the wife is so much in the power of her husband that not onely her goods by marriage are streight made her husbandes and she looseth all her administration which she had of them but also where all English men haue name and surname as the Romans had Marcus Tullius Caius Pompeius Caius Iulius whereof the name is giuen to vs at the font the surname is the name of the gentilitie and stocke which the sonne doth take of the father alwaies as the olde Romans did our daughters so soone as they be maried loose the surname of their father and of the family and stocke whereof they doe come and take the surname of their husbands as transplanted from their family into an other So that if my wife was called before Philippe Wilford by her owne name and her fathers surname as soone as she is maried to me she is no more called Philippe Wylford but Philippe Smith and so must she write and signe and as she changeth husbandes so she chaungeth surnames called alwaies by the surname of her last husbande Yet if a woman once marrie a Lorde or a Knight by which occasion she is called my Ladie with the surname of her husbande if he die and she take a husbande of a meaner estate by whom she shall not be called Ladie such is the honour we doe giue to women she shall still be called Ladie with the surname of her first husbande and not of the seconde I thinke among the olde Romans those marriages which were made per coemptionem in manum and per aes and libram made the wife in manu potestate viri wherof also we had in our olde lawe and ceremonies of mariage a certaine memorie as a viewe and vestigium For the woman at the Church dore was giuen of the father or some other man next of her kinne into the handes of the husbande and he layde downe golde and siluer for her vpon the booke as though he did buy her the priest belike was in stéede of Lipripeus our mariages be estéemed perfect by the law of England when they be solemnished in the Church or Chappell in the presence of the priest and other witnesses And this only maketh both the husbande and the wife capable of all the benefites which our lawe both giue vnto them and their lawefull children In so much that if I marie the widowe of one lately dead which at the time of her husbandes death was with childe if the childe be borne after mariage solemnished with me this childe shalbe my heire and is accounted my lawefull sonne not his whose childe it is in deede so precisely wee doe take the letter where it is saide pater est quem nuptiae demonstrant Those waies and meanes which Iustinian doth declare to make bastardes to be lawefull children muliers or rather melieurs for such a terme our lawe vseth for them which be lawefull children be of no effect in England neither the Pope nor Emperour nor the Prince himselfe neuer could there legittimate a bastarde to enioy any benefitte of our lawe the Parliament hath onely that power Although the wife be as I haue written before in manu potestate mariti by our lawe yet they be not kept so streit as in mew and with a garde as they be in Italy and Spaine but haue almost as much libertie as in Fraunce and they haue for the most part all the charge of the house and houshoulde as it may appeare by Aristotle and Plato the wiues of the Gréekes had in their time which is in déede the naturall occupation exercise office and part of a wife The husband to meddle with the defence either by lawe or force and with all forren matters which is the naturall part and office of the man as I haue written before And although our lawe may séeme somewhat rigorous towards the wiues yet for the most part they can handle their husbandes so well and so doulcely and specially when their husbands be sicke that where the lawe giueth them nothing their husbandes at their death of their good will giue them all And fewe there be that be not made at the death of their husbandes either sole or chiefe executrixes of his last wil and testament and haue for the most part the gouernement of the children and their portions except it be in London where a peculiar order is taken by the citie much after the fashion of the ciuill lawe All this while I haue spoken onely of moueable goods if the wife be an enheretrix bring lande with her to the mariage that lande descendeth to her eldest sonne or is diuided among her daughters Also the manner is that the lande which the wife bringeth to the mariage or purchaseth afterwardes the husbande can not sell nor alienate the same no not with here consent nor she her selfe during the mariage except that she be sole examined by a Iudge at the common lawe and if he haue no childe by her and she die the lande goeth to her next heires at the common lawe but if in the mariage he haue a childe by her which is heard once to crie whether the childe liue or die the husband shall haue the vsufruite of her landes that is the profitte of them during his life and that is called the courtisie of Englande Likewise if the husbande haue any lande either by inheritance descended or purchased and bought if hee die before the wife she shall haue the vsufruite of one thirde part of his landes That is she shall holde the one thirde part of his landes during her life as her dowrie whether he hath child by her or no. If he hath any children the rest descendeth streight to the eldest if he hath none to the next heire at the common lawe and if she mislike the diuision she shal aske to be indowed of the fairest of his landes to the thirde part This which I haue written touching mariage and the right in moueables and vnmoueables which commeth thereby is to be vnderstoode by the common law when no priuate contract is more particularly made If there be any priuate pacts couenants and contracts made before the mariage betwixt the husbande and the wife by thēselues by their parents or their friends