Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	edward_n	king_n	realm_n	6,334	5	8.5019	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12924	An exposicion of the kinges prerogatiue collected out of the great abridgement of Iustice Fitzherbert and other olde writers of the lawes of Englande by the right woorshipfull sir William Staunford Knight, lately one of the iustices of the Queenes maiesties court of comon pleas: whereunto is annexed the proces to the same prerogatiue appertaining. 1567	Staunford, William, Sir, 1509-1558.; Fitzherbert, Anthony, Sir, 1470-1538. Graunde abridgement.	1567 (1567)	STC 23213; ESTC S117783	123,769	174

saye wheather his grauntee shall haue the same prerogatiue in the bodye of the chylde as his highnes mighte haue hadde M. 12. E. 3. in Fits ti Preroga p. 25. et M 14. H 4 in Fits ti Garde P. 86. in case the seignorie had styll continued in hym And it appearethe in the .12 E. 3. .14 H. 4. that if the kynge graunt the seignorye to an other in fee simple that the grauntee shall haue noe prerogatiue beecause there remaynethe nothynge in the kynge of that seignorie vngraunted But if the graunt weare made to a common persone for noe longer tyme then duryng his lyfe and the reuersion saued to the kinge then learn what the lawe will in that case H. 5. E. 3. in Fits ti prerogatiue P. 20. for wee haue in .5 Edwarde the third that wheare the graunt was made to the Queene for terme of her lyfe the reuersion in the kinge that her grace hadde prerogatyue euen as the kynge hymselfe shoulde haue hadde and for none other reason there made but onely beecause shee helde in ryghte of the kynge But a man may adde further to that reason and saye that her grace a common persone bee not lyke for thoughe shee bee a persone exempte from the kynge and maye sue and bee sued in her owne name yet that that shee hathe is the kynges and looke what shee losethe so muche departe the from the king and therefore all her tenauntes of parcell of her estate maye haue ayde immedyatlye of the kynge wytheoute makynge her partye or pryuye theruntoo and so shee holdethe merelye in the kynges ryghte but a common persone doothe not so For the kynge hathe nothynge soo doe wythe the thynge that hee holdethe durynge the lyfe of the lessee howebeeit yf the graunt bee made to the Queene for terme of her lyfe the remaynder ouer in fer●● yt seemethe that her grace gettethe no prerogatyue M. 24. E. 3. f. 34. and so yt is sayde in .24 Edwarde the thirde Lyke lawe is it if the kynge graunt an honor to the Lorde prince and hys heires kynges of Englande M. 21. E. 3. f. 4● it seemethe by the better oppinion in 21 Ed. 3. that the Lorde prynce shall haue there wythe the kynges prerogatiue beecause it is not seuered from the crowne after the fourme as it is geeuen for none shall bee inherytoure thereof but kynges of this realme And note well that notwythstandynge the lawe weare so that none in thys case but the Queene or prynce myghte haue the kinges prerogatiue yet if the kyng hauinge the seignorye in hys handes after that the warde dothe falle graunt the same warde ouer the grauntee shall haue and enioye the preferrement of the maryage agaynste the other Lordes euen as the kynge shoulde hymselfe beecause that notwythstandynge anye suche graunt yet the kynge is sayde styll gardeyne and the infaunt dryuen to sue for hys lyuerye at the kynges handes whenne hee commethe to hys full age and not at the handes of the grauntee A. 13. H. 4. in Fits ti prerogatiue P. 24 whyche in this case is but onelye as a commyttee And so is the booke in 13. H. 4. Lyke lawe is it in the case aboue remembred wheare the Queene hathe prerogatiue and the warde fallethe and shee grauntethe her wardeshyppe ouer her grauntee shall haue preferrement in the mariage before all other lords And the also appeareth in the sayd 5. E. 3 howebeit that case was enforced by that that the kynge confirmed the state of the grauntee H. 5. E. 3. in Fits ti Preroga p. 20. lyke lawe is it yf the kyng haue a warde of righte of his corone and graunteth it ouer with special wordes that is to say that the sayd grauntee shal allso haue warde by reason of wardeshippe yf it fall durynge the mynoritie of the firste warde in this case if there fall a warde whyche holdethe by posterioritye of the heyre that is in warde yet that notwythstandynge the said graūtee shall haue the preferment in the warde of the body and mariage eeuen as the kynge hymselfe shoulde haue hadde yf hee had made noe suche graunt beecause it is merely in the kynges righte whyche remaynethe styll lorde and the grauntee none other but as it weare hys comyttee H. 12. H. 4. in Fits ti Gard P. 81. and thys appearethe also in the. 12. yeare of kynge Henry the fowerthe The thyrde chapiter ITem Rex habebit seisinam post mortem eorum qui de eo tenent in capite de omnibus terris et tenementis de quibus ipsi fuerunt seisiti in dominico suo vt de feodo cuiuscunque etatis heredes eorum fuerint capiend ' exitus eorundem terrarum tenementorum donec facta fuerit inquisitio prout moris est et ceperit homagium huiusmodi hered ' In the .52 yeare of kynge Henry the thirde longe time beefore the wakynge hereof was there an other statute made at Marlebridge concerning this matter In the .16 chapiter whereof it is thus prouyded De hereditate autem que de dn̄o rege tenetur in capite sic obseruād ' est vt dominus Rex primam habeat inde seisinam sicut prius inde habere consue uit nec heres nec alius in hereditatem illam se intrudat priusquam illam de manibus domini regis recipiet prout huiusmodi hereditas de manibus ipsius et antecessorum suorum recipi consueuerit et hoc intelligatur de terris feodis que ratione seruicij militaris socagij vel seriantiae siue iure patronatus in manibus domini regis esse confueuerunt Both these statutes declare themselfes to bee of none other force then as a confirmation of that that was the kynges prerogatiue by the order of the comon lawe as it may appeare by these wordes prout moris est sicut prius habere consueuit recipi consueuerit esse consueuerunt And therewyth agreeth also Britton fo 167 The woordes of the statute bee Rex habebit primam seisinam what prima seisna is it is declared by the words that follow s̄ capiendo omnes exitus c. by whiche words it may appeare the kynge shal not onelye seise but also receaue the hole profites tyll lyuerye bee sued which suit moste commonlye hathe bene and is within the yeare and daye nexte after the deathe of his tenaunt and therefore the kynge vsethe to take no more then the firste fruites that is to saye one yeares profites if there bee not apparaunt defaulte in the heire that hee will not sue hys lyuerie in whiche case then the kynges highnesse shall bee aunswered of all the profytes taken tyll lyuerye be sued or at the least tended and after pursued withe effecte yea and if it bee a generall lyuerie and not ryghtefullye pursued accordinge to the order of the lawe the kynge shall reseise and bee aunswered of all the meane profites from tyme of suyng of the sayd lyuerye

lande within this realm holden by Normās which after they begā to adhere to the Frēch king the kings enemy became traytors vnto his highnes they forfaited al their lands by order of the cōmō law to the king of whōsoeuer they were holdē Howbeit in such cases after the forfaiture if the king had geuē these lāds to any other he might not haue geuen them to holde of him selfe but onelye of them of whom they weare before holden as this statute plainelye declareth that king Henry the third so did M. 20. ● 3. ti Assi in Fits P. 124. et ꝑ 46. E. 3. ti Peticion P. 19. And likewise in 20. .46 E. 3. it appeareth that if the king do otherwise his patent shall be repelled and made to holde of the lordes of whom the landes weare holden before the treason and that by a peticion of ryghte to be sued vnto the king for the redresse of the same for other remedie haue they none distrayne they may not as appeareth in the newe Natura breuium f. 180. And further it should appeare by the sayde boke of .20 E. 3. that the king ought not to reteyne such land in his owne handes no while but must dispose thē ouer to holde of them that were lordes thereof at the time of the treason committed Hereby may you gather that this statute in his first braunch is but a confirmacion of the common law and that long time before the makinge hereof kinge H. 3. had this prerogatiue as it dothe manifestlye appeare in the later braunche thereof And also by Bracton in his first boke in the title De custod ' maritagijs dn̄orum and likewise in Britton folio 28. The woordes of the statut be further Hoc similiter intelligendum est si aliqua hereditas discendat alicui nato in partibus transmarinis et cuius antecessores fuerunt ad fid ēregis Franciae de tempore regis Iohannis Angliae sicut de baronia Monumete post mortem Iohannis de Monumeta cuius heredes fuerunt de Brittannia vel alibi By this braunch it shoulde appeare that at this time men of Normandy Gascoign Guion Angeo Brittain were inheritable wtin this realm as wel as English men because that they were somtime subiect vnto the king of England and vnder their dominion vntil king Ihons time as is aforesaide and yet after his time those mē sauynge suche whose landes weare taken awaye for treason weare still inheritable within this realme till the makynge of this statute And in the time of peace beetweene the twooe kinges of Englande and Fraunce theye weare aunswerable within this realme if they had broughte anye action for theire landes and tenementes as it doth plainly appere by Bracton in his fifth boke in the title De exceptione quia alienigen̄ for these be his words Est autē alia exceptio q̄ competit tenenti ex persona petentis propter defectū nationis q̄ dilatoria est et nō perimit actionē Vt si quis alienigena qui fuer ' ad fidē regis Frācie actionē instituit versꝰ aliquē qui fuerit ad fidem regis Angliae talis nō respondeatur saltem donec terre sint communes nec etiam si rex ei cōces serit specialiter placitare quia sicut Anglicus non auditur in placitando aliquem de terris tenementis in Francia ita non debet alienigena Francigena qui fuerit ad fidem regis Franciae audiri placitando in Anglia Note here that he sayethe that this exception is but dilatorie and not peremptorie whiche proueth that hee shall haue his accion at an other time that is to say in the time of peace And also he sayeth after Donec terre sunt communes which is as much to say vntill suche time as there is peace beetwene Fraunce Inglande Also Bracton in his thirde booke vnder the title quod mulier ostendat warrantum per quem petit dotem sayethe si warrantus fuerit ad fidem regis Franciae excipiatur de warranto remanebit dotis exactio in suspenso imꝑpetuum vel ad tempus saltem donec terre fuerint comunes This warrant of dower is the heire of the husbands for by thaūcient law if a woman had brought her writ of dower against any other but the heire he was not bounde to aunswere her dower vntill such time as she had brought foorth her warraunt that is to say the heire In like case after shee is endowed she is not bounde to aunswere to anye other without the heire and if it might appeare that the heir had no righte in the second part then shoulde shee be barred of her accion of dower as it appeareth in the case beefore that hys right is suspended when he is a Frenchmā and the .ij. realmes at warre Howebeit it appearethe as I haue sayde before that this exception is not peremptorie but that after the twoe realmes be agayne at peace she shall haue her dower The woordes of this braunche be also in the Copulatyue that is to say that the auncester must be of the allegeaunce of the Frenche king that the heire of the sayd aūcester is born in the part of beyond sea I put case than that the auncestour were of the allegeaunce bothe of th one kynge and the other that is to say the Frenche king and the kyng of Englande whether is this within the compas of this statute For Bracton in his saide v. book vnder the title De exceptione quia alienigena saith Quod sūt aliqui qui sunt ad fidem vtriusque sicut fuit W. comes Marescallus manens in Anglia et Michaell de Seins manens in Francia et alii plures et ita tamen quod si contingat guerra moueri inter Reges remaneat personaliter quilibet eorum cum eo cui fecerit ligeantiā Whereby it shoulde appeare that of suche as were in allegeaunce to bothe kinges the kinge shoulde haue no eschetes of their landes For the woords of the statute bee not onlye ad fidem regis Franciae but also et non ad fidem regis Ang. ideo quere And whoe shal bee inheritable at this daie that bee borne in the parties beyonde the sea and who not See the statute thereof made in the .25 yeare of king Edwarde .3 de natis in partibus transmarinis The thirtenth chapiter QVando aliquis qui de rege tenet in Capite in fata decedat et heres eius ingrediatur ten̄tum qd ' antecessor suus tenuit de rege die quo obiit antequam fecerit homagium regi et seisinam suam ceperit per regem tunc nullum accrescit ei liberum tenemētum Et si obierit seisitus per idem tempus vxor eius nō habebit dotem de tenemento illo sicut contingit de Matilda filia comitis Hereford vxoris Manusel marescalli qui post mortem wilhelmi Marescalli Anglie fratris sui cepit seisinam