Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	hold_v	king_n	scotland_n	4,230	5	8.8042	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84200	The exact law--giver faithfully communicating to the skilfull the firm basis and axioms of their profession. To the ignorant their antient and undoubted birthrights and inheritances. Being as a light unto all the professors of the law, as well counsellors as atturneys, clerks, soliciters, scriveners, &c. Or a manu-ductio, or a leading, as it were, by the hand, all such, both of the gentry or laity (as desire to be instructed how to gain or preserve their estates from the hands of their cruell adversaries) to the perfect knowledg of the common and statute law of this nation.		1658 (1658)	Wing E3652; Thomason E2128_1; ESTC R201913	81,570	230

by two Knights Fees and then the Heir being of full age at the death of his Ancester shall pay to his Lord for Relief ten Pounds CHAP. XXVII Service of Castle-Guard YE shall understand that a man may hold by Knights-service and yet not hold by Escuage nor shall pay any Escuage for he may hold by Castle-Guard that is to say by service to keep a Tower of his Lords Castle or some other place upon a reasonable warning when his Lord heareth that enemies will come or be already come into England This service is also Knights-service Ground in the Law and draweth to it Ward Marriage and Relief as in all Cases the common Knights-service doth CHAP. XXVIII Of Grand-Serjeanty THere is also another kind of Knights-service which is called Grand-Serjeanty that is where a man holdeth his Lands or Tenements of the King by such service as he oweth in proper person to do as to bear the Banner of our Sovereign Lord the King or his Spear or to conduct his Host or to be his Marshall or to be the lower Carver or Butler at the Feast of the Coronation or to be one of the Chamberlains of the receipt of his Exchequer or to do like service to the King in proper person Such manner of service I say is called Grand-Serjeanty that is to say A great or high Service And the cause why it is so called is because it is the most honourable and most worthy Service that is The most high Service For he that holdeth by Escuage is not appointed by his Tenure to do any other more special Service then another is bound that holdeth by Escuage but he that holdeth by Grand-Serjeanty is bound to do some speciall service to the King Also if he that holdeth of the King by Grand-Serjeanty dieth Relief of the Tenant by Grand-Serjeanty his Heir being of full age then the Heir shall pay to the King for Relief not only a 100s as he that holdeth by Escuage shall do but moreover the clear yearly value of these Lands and Tenements which he so holdeth of the King by Grand-Serjeanty Tenure by Cornage Furthermore ye shall observe that in the Marches of Scotland some men hold of the King by Cornage that is to say blowing of a Horn to the intent to warn the men of the Countrey when they hear that the Scots or other their Enemies be coming or be already entred into England which service is also a kind of Grand-serjeanty Grand-Serjeanty therefore is as much to say in Latin as Magnum-servitium Definition of Serjeanty that is to say A great or high Service Like a Petty-Serjeanty is called Parvum servitium that is to say A little or small service But to revert again to the matter Ye shall Note that if any Tenant holdeth of any other Lord then of the King by such service of Cornage then it is no Grand-Serjeanty but yet nevertheless it is Knights service and draweth to it Ward Marriage and Relief For this is a Rule infallible That none can hold by Grand-Serjeanty but of the Kings Majesty only Rule in the Law Finally Ye shall understand that all they which hold of the King by this Service called Grand-Serjeanty do hold of the King by Knights-service and by virtue of his Tenure the King shall have of them Ward Marriage and Relief but Escuage yet he shall not have of them unless they hold by Escuage of him by express speciall words CHAP. XXIX Petty-Serjeanty TEnant by Petty-Serjeanty is he that holdeth his Land immediately of our Sovereign Lord the King by this manner of service to pay to the King yearly either a Bow a Spear a Dagger a pair of Gauntlets a pair of Spurres of Gold a Shaft or such other small things appertaining to the Warre And this service is in effect but Socage because that such a Tenant is not bound by his Tenure to go nor do any thing in his own proper person touching the Warre but only to render and pay yearly certain things to the King as a man ought to pay a Rent Wherefore this Service of Petty-Serjeanty is no Knights-service but yet ye shall note That a man cannot hold neither by Petty-Serjeanty neither by Grand-Serjeanty but of the King only CHAP. XXX Homage Ancestrell TEnant by Homage Ancestrell is he which holdeth his Land of his Lord by Homage and both he and his Ancesters whose Heir he is have holden the same Land of the said Lord and of his Ancesters time out of mind by Homage and have done unto them Homage And this is called Homage Ancestrell by reason of the long continuance which hath been by title of prescription Warranty because of Homage Ancestrel as well concerning the Tenancy in the blood of the Tenant as concerning the Lordship in the Lord. And this service of Homage Ancestrell draweth unto it Warranty that is to say if the Lord which is now in life hath once received the Homage of his Tenant he ought to warrant the same Tenant what time soever he shall be impleaded or sued for such Lands so holden of him by Homage Ancestrell Moreover such service of Homage ancestrell draweth unto it acquitall that is to say the Lord ought to acquit the Tenant against other Lords that can demand any manner of Service of the Tenancie Wherefore if in this case the Tenant which holdeth by Homage ancestrell be impleaded of his Lands and voucheth or calleth his Lord to Warrantie who cometh in by Process and demandeth of the Tenant what he hath to binde him to the Warrantie and the Tenant sheweth how he and his ancestors whose Heir he is have holden his Lands of him and of his ancestors time out of minde surely the Lord if he cannot deny this and if he hath received the Homage of such a Tenant is bound by the Law to warrant him his Land so that if the Tenant lose his Lands in default of the Lord thus vouched that is to say called to warrantie he shall recover against him as much in value of these Lands and Tenements which the Lord had at the time of calling to warranty or at any time after but if the Lord never received the Homage of his Tenant then he may very well when he is thus vouched disclaim in the Lordship or Seignory and so put out the Tenant of his warranty Wherefore ye shall note that in every case where the Lord disclaimeth in his Seigniory in Court of Record his Seigniory or Lordship is extinct and the Tenant shall hold from henceforth of the next Lord to him that thus disclaimeth Thus ye perceive that Homage ancestrell is a long continuance as well in the blood of the Tenant in respect of his Tenancy as in the blood of the Lord in respect of his Seigniory wherefore if the Tenant doth once alien his Lands to another although he purchase the same again yet he shall not hold any longer by Homage ancestrell because of his

the Husband and his Heirs shall have the Rent of them in the remainder c. And in this case there needeth no atturnement by word because the Husband that ought to atturn accepteth the Grant of the Services the which acceptance is an atturnement in the Law CHAP. XXIV Of Service HItherunto have I briefly touched and overrun the sundry kinds and forms of Estates Now forasmuch as there is no Tenure but hath unto it some service knit and annexed it were very necessary to declare how many kinds of Services there be and what Service is due to every Tenure for the knowledg hereof ye shall understand that the principall and most common kind of service that the Tenant oweth to his Lord is called Knights-service CHAP. XXV Knights-service KNights-service includeth Homage Fealty and for the most part Escuage and whosoever holdeth his Lands by Knights-service is bound by the Laws of this Realm to do unto his Lord homage and fealty and to pay for the most part Escuage when it shall be assessed by authority of Parliament as hereafter more plainly shall be declared Homage is the most humble and reverent service that a man of free estate and condition can do for when the Tenant shall do homage to his Lord the Lord shall sit Homage and the Tenant then shall kneel down before him upon both knees holding his hands between his Lords hands and say in this wise I become your man from this day forward of life and of member and of earthly Honour How the Tenant shall do Homage and to you shall be faithfull and true and faith to you shall bear for the Lands that I claim to hold of you saving the faith that I bear unto our soveraign Lord the King And then the Lord so sitting shall kiss him But if an Ecclesiasticall person which by his order and profession hath addicted himself to the service of God in especiall What a religious Person say when she doth Homage and do homage to his Lord he shall say I do to you homage and shall be to you faithfull and true and faith to you shall bear for the Tenements that I hold of you saving the faith which I owe unto our soveraign Lord the King Also when a woman not married doth homage to her Lord What a woman shall say she shall not say I become your woman for it is not convenient that a woman should be the woman of any other then of her Husband that she shall marry but shall say even as the Ecclesiasticall person saith I do unto you homage c. And if perchance a man holdeth sundry Lands and Tenements of sundry Lords and every of them by Knights-service then in the end of his Homage making he shall say Saving the faith that I owe to our soveraign Lord the King and to mine other Lords And none is bound to do homage to the Lord unless it be such Tenant as hath in the Tenancy an estate of fee-simple or fee-tayle either in his own right or in the right of another for if a woman have Lands or Tenements in fee-simple or fee-tayle What Tenant shall do Homage which she holdeth of her Lord by Knights service and taketh an Husband and hath Issue in this case the Husband in the life of his Wife shall do homage because he hath Title to have the Lands by the Courtesie of England if he overliveth her and also he holdeth them now in his Wives right yet before Issue had between them the Homage shall be made in both their Names but if the woman dieth before any homage made in her life and the Husband keepeth still the Lands as Tenant by the Curtesie now he shall not do homage to his Lord because he hath now an estate but for terme of life Fealty is as much to say as Fidelity Fealty or faithfulness in doing whereof the Tenants shall hold his hand upon a Book and say thus How a Tenant shall do Fealty Hear you this my Lord I to you shall be faithfull and true and faith to you shall bear for the Lands and Tenements which I claim to hold of you and duly shall do to you the Customes and Services which I owe to do to you at the termes assigned as Me help God and then he shall kiss the Book but he shall not kneel as he that doth homage nor do such humble or reverent service as is before declared in Homage And ye shall observe that Homage cannot be done but to the Lord himself Diversity between Homage and Fealty whereas the Steward of the Lords Court or the Bayliff may take Fealty for the Lord. Also Tenant for term of life shall do Fealty but Homage as I said he cannot do Now as concerning Escuage that is to say The service of the Shield Ye shall understand that he that holdeth his Lands by Escuage when the King maketh a voyage Royal into Scotland for the subduing of the Scots is bound to be with the Kings Majesty by the space of twenty daies well and conveniently arrayed and appointed for the Warre And he that holdeth his Land but by the Moity of the Fee of Knights service is bound by the force of his Tenure to be with the King by space of twenty daies and so proportionably according to the rate and quantity of his Tenure But now to our institute and purpose after this Voyage Royal into Scotland in which the King goeth in Person and after his return into England again a Parliament is wont to be summoned in which shall be prescribed and assessed what every Person that held his Land by Homage and went not with the King neither by himself nor by his Deputy shall pay to his Lord in satisfaction of his not serving and according to the taxation hereof every Tenant shall pay to his immediate Lord whether it be to the King or other after the rate and portion of his Tenure If he holdeth by an whole Fee he shall pay the whole Escuage if by a Moity the half if by a fourth part of a Fee the fourth part c. And this Money thus assessed is called Scutage or Escuage for which the Lord to whom it is due may very well for the non-payment thereof distrein But here is to be noted that some Tenants by Custom used time out of mind Distress of Escuage are bound to pay but the Moity or the third part of that which shall be assessed and limited by Act of Parliament Yea Escuage Certain and the Custom is in some place that to what summe of Money soever Escuage is assessed the Tenants shall pay never but such a certain summe of Money and this kind of Escuage is called Escuage certain that is to say Where Escuage is assessed by the Parliament to a more or less summe the Tenant to pay to the Lord five Shillings and no more nor no less c. Such a Tenure is called Socage Tenure and

the Lord maketh a Feoffment to his Villain and maketh unto him Livery of seisin this also is an Enfranchisement and secret Manumission Briefly to speak wheresoever the Lord compelleth his Villain by the course of the Law Causes of Infranchisem to do that thing that he might otherwise enforce him to do or to suffer without the authority and compulsion of the Law he doth by implication Enfranchise his Villain as if the Lord will bring against his Villain an action of debt an action of account of Covenant or of trespass These and such like be in the eye of the Law Enfranchisments and Manumissions because that the Lord in all these cases may have the effect and purpose of his sute that is to say the Goods Chattels and correction of his bondman without the compulsion of that Law even by his own proper power and authority which he hath upon his Villain But if the Lord doth sue his Villain by an appea of Felony the Villain being lawfully indicted of the same before this is no tacite Manumission or Enfranchisement For the Lord though he have power to beat his Villain and to spoyl him of his goods yet he cannot by the Law of this Realm put him to death Ye shall also understand that if a mans bondman purchase Lands or acquit and get unto him any other thing the Lord may forthwith enter and seize the same into his own hands Wherefore if the Lord will bring against his Villain a Praecipe quod reddat by which he demandeth against his Villain any Lands or Tenements this implieth an Enfranchisement for as much as he bindeth himself to the Prescript and Authority of the Law whereas he might use his own Authority by entring and seizing the said Lands Finally Ye shall mark that some Villains be called Villains in gross and other some be called Villains regardant In gross be they of which the Lord is severally seized and not by reason of any Lordship or Mannour but they be called regardant which do belong to a Mannour of which the Lord is seized And the said Villaines have been regardant that is to say exspectant and attendant time out of mind to the Lord of the said Mannour in doing unto him such services as to a Villain appertaineth CHAP. XXXVII Of antient Demesne THere is also a certain kind of Tenure which is called antient Demesne and these Tenants which hold by their service be Fee-holders and by Charter and not by Copy or Court-Roll or by the Verge after the Custom of the Mannour at the will of the Lord And these Tenants be such as hold of those Mannours which were S. Edwards the King or which were in the hands of King William the Conqueror and these Mannours be called the antient Demesnes of the King or the antient Demesnes of the Crown of England And to such Tenants which hold of such Mannours be many and divers Liberties given and granted by the Law as to be quit of tolé and passage and such like Impositions which be demanded of men for their Goods and Chattels sould or bought in Faires and Markets by them also to be quit and free of Tax and Tollage granted by Parliament except that the Kings Majesty do Tax antient Demesne as to him only appertaineth when he thinketh good for great and urgent Considerations Tenants also of antient Demesne ought to be quit of payments to the Expences and Charges of the Knights which came to the Parliament Also they ought not to be impannelled nor put in Juries and Enquests in the County out of their Mannours or Seigniory of antient Demesne for the Lands which they hold of such Mannour unless they have other Lands at the Common Law for which they ought to be charged And if such Tenants or any of them which hold of the Mannour of antient Demesne bedistreined to do unto their Lord other Services or Customes then they or their Ancesters have used to do Writ of Monstraverunt then may they sue a certain Writ called a Monstraverunt directed to the Lord commanding him that he distrein them not for to do other service or Customes then they have been accustomed to do And for further knowledg hereof you shall understand that in the Exchequer there is a Book called Dooms-day which Book was made in the time of the said S. Edward and all the Lands that were in the Seisin and in the hands of the said S. Edward at the time of the making of the said Book by antient Demeane But the Lands which then were in other mens hands Frank-fee though they be written in the said Book be frank Fee and no antient Demesne Finally It is to be noted that Tenants of antient Demesne shall not be impleaded for their said Lands out of the Mannour whereof they so hold and if they be Abatement of Writ they may shew the matter and abate the Writ But if they once Answer to the Writ and Judgment given then the Lands have lost the nature and benefit of antient Demesne and are become frank Fee that is to say Pleadable at the Common Law for evermore And thus have we spoken of the Diversity of Tenures CHAP. XXXVIII Of Rents FOr as much as upon every Tenure there is commonly reserved one Rent or other therefore I think it good somewhat to treat of Rents but ye must understand that there be sundry sorts of Rents There is one kind of Rent which is called Rent-service Division of Rent-service another which is called Charge and the third which is named in French Rent Secke that is to say in Latine Redditus siccus a drie Rent Now Rent-service is so called because it is knit to the Tenure and is as it were a service whereby a man holdeth his Lands or Tenements or at the least way when the Rents be unseverably coupled and knit with the service As for an example where the Tenant holdeth his Land of the King or of any other Lord by Fealty and by certain Rent or by any other sorts of services and by certain Rent this Rent is called Rent-service Distress of common right And here ye shall note That if this Rent-service be at any time when it ought to be paid behind and unpaid the Lord of whom the Land or Tenement is so holden whether it be in fee-simple fee-tayl for term of life for years or at will may of common right enter and distrein for the Rent though there be no mention at all nor cause of distress put in the Deed or Lease I said before that the Nature of this Rent-service is to be coupled and knit to the Tenure For where no Tenure is there can be no Rent-service And therefore if at this day I be seized of Lands of Fee-simple and make a Deed of Feoffment of the same to another in Fee-simple reserving by the same Deed a Rent this can be called no Rent-service because there can be now no Tenure between

the Issue in the tayl shall not be barred except that he have assets to him discended But if be may not by no possibility that may be convey to him Title by force of the gift by him that made the Warranty then that is a Collaterall Warranty and by such a Collaterall Warranty the Issue in the tayl shall be barred without any assets And the cause that such a Collaterall Warranty is a barre to the Issue in the tayl is for that that all Warranties before the Statute of Glocester which descended to them which be Heirs to them which made the Warranties were barrs to the same Heirs to demand any Lands except the Warranties that began by disseisin and for that that the said Statute hath ordained that the Warranty of the Father shall be no barr to his Son for the Lands which come to the Heritage of the Mother nor the Warranty of the Mother shall be no barr to the Sonne for the Lands which come of the Heritage of the Father by the Statute 11. H. 7. Cap. 20. And none of the Statutes have made or ordained remedy against the Warranty that is Collaterall to the Issue in the tayle and therefore the Warranty that is Collaterall to the Issue in the tayle is yet in his force and shall be a barr to the Issue in the tayl as it was before the Statute And it behoveth that all Warranties whereby the Heir shall be barred that the Warranty descended by course of the Common Law to him which is Heir to him that made the Warranty or else it shall be no barre for if the Tenant in the tayl of Lands in Borough English where the youngest Sonne shall inherit by the Custome discontinueth the tayl and hath Issue and Sons and the Unckle releaseth to the discontinued with Warranty and dyeth and the younger Son bringeth a Formedon yet he shall not be barred by such Warranty Causâ quâ supra And if any man maketh a Deed with Warranty whereby his Heir should be barred and after he that made the Warranty be attaint of Felony then his Heir shall not be barred by such Warranty for that that such Warranty might not discend upon him for that that the blood is corrupt Warranty beginning by diseisin is Warranty by disseisin if the Sonne purchase Lands and after let the Lands to his Father for term of years and the Father by his Deed infeoffeth a stranger and bindeth him and his Heirs to Warranty and the Father dieth whereby the Warranty descendeth to this Sonne but the Sonne may well enter notwitstanding his Warranty for that that this Warranty begun by disesin when the Father made the Feoffment which was a diseisin to the Sonne And as it is said of the Father so it may be said of every other Ancester And the same Law is if the Ancester be Tenant by Eligit or by Statute Merchant and make a Feoffment with Warranty such Warranty shall be no Barres because they begin by diseisin In Deeds where it is contained Warranty by dedi Concessi Dedi concessi tale cenementum viz. I have given and granted such a Tenement without Homage or any clause that containeth Warranty and to hold of the Donors and their Heirs by a certain service the Donors and their heirs be bound to Warranty and where it is contained Dedi concessi c. to hold of the chief Lords of the Fee or of any other then of the Feoffors or their Heirs reserving no service to himself without Homage or without the aforesaid clause of Warranty his Heirs shall not be bound to Warranty but the Feoffor by reason of his gift shall be bound to Warranty during his own life The Husband doth alien his Wives Lands with Warranty Stat. de Bigamus 4 E. 1.6 If a man alieneth the Land he holdeth by the Courtesie of England his Sonne shall not be barred by the Deed of his Father from whom no Heritage to him descended to demand and recover by Writ Mortdauncester of the seisin of h s Mother although it be mentioned in the Deed that his Father did bind him and his Heirs to Warranty And if any Heritage descend to him of his Fathers side then he shall be barred for the value of the Heritage that is to him descended And if in such case Assets after the death of his Father any Inheritance descend to him by the same Father then shall the Tenant recover against him of the Seisin of his Mother by a Judiciall Writ that shall issue out of the Rolles of the Justices before whom the Plea was pleaded to resummon his Warranty as before hath been done in like Cases where the Heir of the Warrantor cometh into the Court saying nought descended from him upon whose Deed he is vouched And in like manner the Issue of the Sonne shall recover by Writ of Cosenage Ayel and Besaiel Likewise and in like manner the Heir of the Wife shall not be barred after the death of his Father and Mother to demand by acttion the Inheritance of his Mother by Writ of Entry which his Father did Alien in the time of his Mother whereof no Fine is leavied in the Kings Court. Gui in vita Glouc. 6 E. 1.3 FINIS