Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	king_n	levy_v	statute_n	2,647	5	9.0849	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

death for he is punished with perpetual exile his goods are cōfiscated for euery Prince of euery nation and kingedome hath his seuerall stampe and coine and so they had in auncient times the Aetolians did giue for 4 The seueral coines of forain princes in auncient time their coine the image of Hercules breaking with his club the hornes of Achelous the Thebanes did giue the twibil of Hercules the Trachinians Hercules sitting the Macedoniās Hercu his club b l 3. ff eod and the hornes of a goate the Thasians Bacchus crowned and Hercules their Deliuerer the Dymeans a goate which did treade vpon a frogge the Corinthians Pegasus with Neptune hauing a three-forked mase in his hand sitting vpon him the Naxians did giue Bacchus with a lōg beard a Satyre with a potte in his hand the Metapontiniās Ceres with a sheafe of corne the Baeotians did giue a Fly with a Harte and Bacchus his mazarde with a cluster of grapes the Dardanians did giue two cockes fighting the Athenians an Owle the Argiues a Wolfe Alexander the great gaue for his coine the image of Bucephalus his horse with victorie hauing winges Pyrrhus Pallas hauing a speare in her hand sitting on a thron August Caesar the starre of Capricorne vnder which he was borne c Pollux Sophocles interpres Hadrian Iunius de re nummar in Nomen clat Anglonomoph I will particularly examine all the precedent matters of your last discourse which haue any resemblance or be of any vse in our Lawe sithence order enforceth me to speake of disorder and of the disloyal and seditious and traiterous attemptes against the person of the prince and the good estate of the common weale which may fully appeare by a statute made 25. E 3. de proditionibus ca. 2. and likewise by the common Law for as Thorpe sayeth 22. E. 3. d 22. E. 3. p. 49 it is treason 5 The diuerse kindes of treason by the cōmon Law to succor the kings enemies to leuie warre against the King in his Realme or to bee adherent to the Kings enemies in his Realme by giuing them aide and comfort in his Realme or other-where is made treason by the abouesayde statute as may appeare by the case of Sir Nicholas Throgmorton who was arraigned for being of Counsaile with Wyat in leuying his seditious warre dd 1. Mari. Dy. 98. Crom. Iust P. 40. And D. Storie being beyond the sea and practising with a forreine Prince to inuade the Realme and to worke the death of our dread soueraigne Lady the Queene was iustly attainted of high treason e 13. Eliz. 298. Dyer and Sherleys a French man taking with Stafford the Castle of Scarborough rebelliously in Yorkeshire was arraigned in the Kinges Bench vpon an indictement of treason which was contra ligeantiam suam debitam f 4. Mari. 144. Dyer Nomom It seeme●h to me that these wordes should onely extende to lieges and subiects Anglonomoph Nay they doe extend to any one 6 How farre forth this word leageance doth extend by the common law who is in the Realme in the time of peace and he that hath the benefitte of the Queenes peace forrainer or other ought not to violate or disturbe it any way but if it had beene in time of war betwixt the two kingdomes then he could not haue beene arrained but should haue beene ransomed but he that in a forraine common-weale ff 4. Mati 144 Dyer 7 How the Q. enemies are to be pun●shed by the common law agreeing with the law of God where he is permitted to soiourne will raise tumults and kindle rebellion deserueth to be punished as a rebell and therefore it is truly and iudicially said of Albericus Gentilis Criminosos violentos ne quidem veri dei tuetur altare quos neque intuetur deus nisi iratus g Alberic Gentil lib 2. de Arm. Rom. c. 2. And againe Innocentia praestat securitatem h Alb Gentil lib. 1. de Arm Rom c. 2. And therefore the Romanes did well in arraigning Bomilcar of treason who being a straunger conspired against their state i Salust in Iugurth But it is true which before I sayd that if warre bee betwixt two Kinges as namely the King of Fez and the King of Polonia if the king of Polonia doe in his owne kingdome take prisoner one of the subiectes of the King of Fez working mischiefe against him this is lawfull but to arraigne him or put him to death is vnlawfull for a prisoner so taken is to be putte to his raunsome but not to open shame as a traytor and therefore the Prophet sayd vnto the King of Israel An quos captiuos abduceres gladio tuo arcu tuo eos percuteres Eliseus by a wonderfull miracle did make the Syrians enemies to the King of Israel his captiues whom the King woulde haue slaine but the Prophet did forbid him by this argument that they which are taken in warre ought not to bee slaine much lesse these whom God had giuen vp into his hands k 4. Reg. c. 6. Ioseph 9. Ambrosi 1. de offic 29. Cononol Indeed so is our law which saith Hostem 8 How enemies are punished by the Canon law pugnantem necessitas perimat sicut resistenti violentia redditur ita victo vel capto misericordia debetur kk c. 3. 23. q. 1. and this Lawe hath beene practised of the Grecians l Plutar. in apoph Romaines m Alex. 4. gen 7. Thessalians Illerians Triballians and Bulgarians n Nic Grego lib 4. 6. and to this purpose it hath bin said vendere cum possis captiuum occidere noli o Horat. ep ad Quin. Nomomat I haue interrrupted you Anglonomo But I pray you continue that course which you propsed to your selfe in comparing the assertions of the Ciuil Law touching matters of treason with your rules of common Law Anglonomoph Whereas he hath said that to suffer one to goe out of prison for treason which is impeached for that crime is treason that is also agreable to our Lawe established by Statute whereof I will recite the wordes de prisonarijs prisonam frangentibus dominus rex vult precipit quòd nullus de cetero qui prisonam fregerit subeat iudicium vitae vel membrorum pro fractione prisonae tantùm nisi causa pro qua captus imprisonatus fuerit tale iudicium requirat si de illa secundum legem consuetudinem terrae fuisset conuictus p 1. E. 1. c. 2. Rast Felony 2. Nomomath Doe ye then accompt euerie suffesering of a prisoner to eschape to be a breach of prison Anglonomoph Yea for if a man arrest one for 9 How breaking of prison is taken in the common law felonie and after let him goe at large whether hee will if hee be arrested for Felonie it is Felonie if for Treason it is Treason if for a Trespasse it is a Trepasse sic

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

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

tenancie of whom fealtie is demaunded and he refuseth to perfourme it ſ C. vnico que fuit prima causa §. sed non est alia so that the Lorde doe demaunde fealtie at due times and allowed by Lawe because if he should demaund it euerie yere the vassalle should not loose his tenancie t §. si vastallus si de feud de funct ' §. licet vastallus c. domino guerrā in tit hic finit lex c. also the vassall looseth his tenancie if 2 Many causes of the tenants forfaiture in the ciuil Law being at full age he be not in expedition with his Lord or if he doe not depute some able person for the discharge of the duetie or if he doe not pay to his Lord stipendia militiae pro quantitate feodi when he is lawfully demaunded u de pace iuram firm §. fin and that is said to be a due quantitie of a knights see whē the vassall which goeth not in war nor sendeth a sufficient man doth yeelde the halfe part of the yerely value of his tenancy to the Lord. x C. Imperialem § firmiter de prohi feud alien p Freder Angonomo There be many conclusions in our 3 Some cause of forfaiture at the common Law Lawe aunswerable to that which you haue said for it hath bin affirmed that if a man holde his land of his Lord by homage and fealtie and he hath done homage and fealtie to his Lorde and the Lorde hath issue a sonne and dyeth and the seignorie discendeth to the sonne in this case the tenaunt which hath done homage to the father shal not do homage to the sonne because when a tenaunt hath once done homage to his Lorde hee is excused for tearme of lyfe to doe homage to any other heire of the Lord a Litt ' lib. 2. c. 7. sect 13. But if a man bee seised of a Mannour and an other man holdeth lande of him as of the foresayde Mannour by homage and hath done his homage vnto him and a straunger bringeth a Precipe quod reddat against the owner of the Mannour and recouereth the Mannour against him and sueth execution in this case the tenaunt shall agayne doe homage to him that recouered the Mannour though he haue done homage before because the estate of him who receiued the first homage is defeated by the recouerie and it lyeth not in the mouthe of the tenaunt to falsifye or defeate the recouerie which was against his Lorde b Litt ' ibid ' sect ' 17. And if if a tenaunt which ought by his tenure to doe homage to his Lorde come to his Lorde and say vnto him that hee is readie to doe him homage for the tenements which hee holdeth of him and the Lorde doth then refuse to receiue it after such refusall the Lord cannot distreigne the tenaunt for the homage before the Lorde require him to doe homage vnto him and he refuseth c Litt ' lib. 2. c. 7. sect ' 19. 20. and he that holdeth by Knights seruice of the King neede not goe to warre with him if hee will finde a sufficient person conueniently armed and fitte to goe with the King and this seemeth good reason For it may bee that hee that holdeth by such seruices doth languishe in sickenesse so that he cannot goe nor ryde And a Feme sole which holdeth by such seruices may not in such case goe in proper person and it hath beene said that Escuage shall not bee graunted vnlesse the King goe to warre himselfe in proper person and after such a voyage royall it hath beene likewise affirmed that by authoritie of Parliament Escuage shall be assessed and put in certaine how much euery one that holdeth by an entier fee of Knightes seruice which was not with the King by himselfe or by an other for him shall pay to his Lord of whom he holdeth by Escuage as if it be ordeigned by authoritie of Parliament that euery one which holdeth by an entier fee of Knights seruice that was not with the King nor any other c. for him shall pay to his Lord fortie shillinges then euery one that holdeth of his Lord by the moitie of a Knights fee shall pay to his Lorde fortie shillinges and he that holdeth by a fourth parte tenne shillinges and soe pro rata d Litt ' lib. 2. e. 3. sect ' 5. 6. 8. 7. E. 3. 29. Nomom Resolue me I pray you whether when 9. Diuision the tenant hath committed treason or felonie and thereof is conuicted and attainted he shal as to his tenancie incurre any preiudice Codicgn In such case either the offence is 1 Whether when the tenant hath cōmitted felony or treason and is attainted he shall suffer any preiudice in his tenancie 2 A diuersitie in the Ciuil law where the offence is committed against the person of the Lord and where against the person of a straunger committed against the person of his Lord and so he doth preiudice all these that are to succeede him in the land by order and course of Law depriuing them of the aduantage of inheritance e Cap. vnico §. denique in si in illis verbis si tamen fuerit paternumt it que fuit prima causa ben amitt or he hath offended against some other person and not against the person of the Lord then the children onely and such as were to take benefit by the person of the father as issuing from his bodie are repulsed from the inheritance f §. Si vassallus culpam si de feud● defunct ' and then it goeth to them of the kinred which are nearer in degree g Gloss super verbo reuocabuntur in d. si vassallus culpam Anglonomoph By our Lawe where the tenant is outlawed of felonie it is in the Lords election to haue a writ of Escheate supposing that his tenant was outlawed of felony or that he dyed without heire for by the attainder the bloud is corrupted h 48 E. 3. 2. But it seemeth by Nicholses case 3 That by the common law by attainder of felonie or treason the bloud is corrupted and in the one case the land shall eschete to the king and in the other to the immediate Lord. that the partie attainted ought to bee dead before the lande can escheate for according to the opinion of Dyer and Barham in the Kinges case after the attainder and till Office be found the see simple shall bee in facto in the person attainted so long as he shall liue for as he hath a capacitie to take land of a new purchase so he hath power to hold his auncient possessions and he shall be tenant to euery Precipe and if he died before office found and the land be held of the King the lande shall goe to the King in nature of a common eschete i 18. Eliz. Com̄ 477. Nichols case but this is to be intended in