Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	day_n	parliament_n	session_n	3,425	5	10.6408	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90794	An exact abridgment in English, of The commentaries, or reports of the learned and famous lawyer, Edmond Plowden, an apprentice of the common law. Concerning diverse cases and matters in law, and the arguments thereupon; in the times of the reignes of King Edward the Sixth, Queen Mary, King Philip, and Queen Mary, and Queen Elizabeth, with the exceptions to the pleadings, and answers thereunto; the resolutions of the matters in law, and all other principall matters arising upon the same. By F.H. of the Inner Temple London, Esq;	Plowden, Edmund, 1518-1585.; Hicks, Fabian.	1650 (1650)	Wing P2609A; Thomason E1297_1; ESTC R208982	174,168	307

H. 8. c. 34. to enter for a Condition broken 2. The tender of the Rent on the Feast day is not requisite nor until the last instant of the 40. day 3. Notwithstanding that the Rent be apppointed to be paid out of the Land at the Feast day and not the 40. day by express words yet it shall be so intended by relation to the place last named 4. No demand here is requisite because that the Land which is Debtor is absent the contrary is upon a general reservation and if a Rent seck payable in a forreign County be demanded and denled there it is not a disseisen by Plowden contrary upon the Land The place which was once charged with the payment in the hands of the Lessor remains chargeable in the hands of any other because he hath this as a Liberty and Authority imposed upon it by the Lessor and such Liberty is saved by the Statute of suppression of Monasteries and therefore the Lessor nor the Lessee are not Trespassers by their coming there to tender and receive the Rent Rosse against Pope ROss acknowledged a reconusance to Pope after Levies a Fine to him of patcel of his Land 5. E. 6. In Chancery upon an Audita quetela and afterwards Pope sues Execution and takes the body of the said Rosse and he brings an audita querala in the Chancery and adjudged that it lieth not 1. For that the Land is not debter but the person and the Land is onely charged in respect of the person and not otherwise until Execution sued 2. For that the purchase was before Execution sued otherwise it had been if sued afterwards for then the Land was charged in facto and not chargeable And if any part be discharged by act in Law as discent or act of the party as Surrender Feoffment c. also it shall be discharged because the duty is personall and entire 3. Because that the Conusor shall not have contribution against the Feoffees but they shall have against him and here the Conusee shall not have Execution against his Feoffees for that they may not have contribution against him Wimbish against Willoughby Assize directed Coronatoribus in Lincoin upon the surmise of the Plantiff that the Sheriff was his Cosen and shewed also Tr. 6. E. 6. Assice against L. Wall That one of the Coroners was servant to the Defendant and adjudged good 1. For the speedy expedition of the Assize and the mischlef of the Plaintiff if it should be abated by the exception of the Defendant and no mischief to him and here the venire facias is awarded the first day as in a precipe 2. Coroners in Lincoln shall be intended Coroners of Lincoln for that they are the words of the King In the Argument of this case see first where a Writ Original shall be directed to the Coroners where not Secondly and when other Judicial process Thirdly an exposition of the words in and de in Writs Grants or c. Fourthly what words are sufficlent to make a Grant of a Rent charge Fifthly some matters touching challenges and where they shall be Traversed c. Partridge against Strange and Croker IN Debt the Plaintiff counts upon the Statute of 32. H. 8. cap. 9. H. 6. 7 E. 6. In the Common Leath Of buying and selling of pretenced Titles and Rights and alleadge this to be done 28. April 32. H. 8. where in truth it was not done this day and that the Defendants have made a Lease for years of a house and nine acres of Land pertaining to it whereof they nor their ancestors nor any by which the claim were in possession Reversion or Remainder nor took the Profits for one intire year before c. and holden 1. That the Statute need not to be specially recited and pleaded because it is general but for that it is misrecited it is not good by the Court sol 84. and yet is surplusage and it shall prejudice the party in some cases sol 29. as debt by I. S. Parson of D. it is a good Traverse because he is not Parson or that there is not such a village called D. 2. When the Term shall not be certainly pleaded for that it is Conveyance of the Action and is not material here and he which pleads it is a stranger as an Indictment of the death of a certain man unknown or the stealing of the goods of a certain man unknown 3. That a Lease for years or a grant of parcell of the Right is within the Statute because the Statute speaketh of any right and is not intended only of an entire right and that the entire value of the Land shall be forfeit by such Lease per Curiam fol. 87. That this Lease made by one in possession is out of the Statute for that it is not averred to be a pretenced right by Hales and Montague fol. 87. against Cook For they mean that he which hath possession one day or however may make a Lease or Feoffment bona fide and shall be forth of the Statute although that he hath not possession or taketh the profits one whole year without averment that it is made for maintenance and the Statute shall be intended onely of those which makes Leases c. having but a right and not the possession as Montague held a promise by him which is out of possession to depart with the Land when he shall attain the possession is within the danger of the Statute fol 88. And if the Issue in Tail at full age marry a woman discontinuee of his father and maketh a Lease for years this is within the Statute for that he Leases his ancient right So by Morgun if the heir release to the Abator and afterwards claiming by discent maketh a Lease for years this may be averred a pretenced right and then is within the danger of the Statute fol. 86 and a right is within the Statute which comprehends all rights Pretenced right is where one hath the possession and another which is out of possession claims this or sues for it by Mont. f. 88. Morgan Serjeant for the Defendant He which voucheth a Record and vary in the year or Term haith failed of his Record So the Statute here no Act without the consent of the King when all assent it shall have relation to the first day of the Parliament and from that time is an Act of Parliament unless it be otherwise appointed when it shall first take effect An act made in the first or second Session relates not but to the first day of the same Session Misrecital shall prejudice the party in some cases as Debt by I. S Parson of D. where there is no such Village D. a good Traverse and abates the Writ yet the naming of him Parson surplusage So here because it recites a Statute certain made such a day where it was not although that the day is surplusage it hath made the matter vitious although it

to the Livery So in the case of Plessington 6. R. 2. where the Condition was That if the Lessor die within the Term the Lessee shall have for life and there holden that his estate shall be enlarged if the Lessor die So Disseisen to the use of I. passeth not a Free hold of I. to I. without his agreement so here A remainder passeth when W. died not before by force of the words annexed to the Livery So by Litl a confirmation to the Husband and Wife Tenants for life passes the remainder to the Husband yet it passeth not at the time of the first Estate and the diversity where Fee upon Condition is appointed to privy and whereto a stranger is but a conceit which is worth nothing 29. according 24. to the contrary and is privity because it reserveth out of both so it shall bind him in remainder and also he in remainder shall have waste and so is privy to the particular Estate and the Lessor also and the words then which shall remain shall not be intended presently to destroy the particular Estate but shall remain as a remainder ought to divest then and is to be executed after their deaths as if Donee in Tail doth such an Act then to remain to his right heirs which vests when the Act is done and after the Tail ended shall be executed and not presently upon the Act done to avoid the Tail so here There is not any repugnancie or prejudice to any but a thing when it is done made in prejudice of another shall be void as a remainder that he shall have the land in the life of the particular Tenant So 21. E. 4.44 The King discharges an Abbot That he shall not be a Collector when any Titles should be granted by the Clergy of England and Canterbury Grants Tythes provided that the Collector returned by the Bishop shall not be discharged by the King and the Bishop returns the Abbot Collector there holden that the Grant by the Clergie in this point viz. to charge persons exempt is void because it is in prejudice of others And so the remainder here shall be void rather then a shranger shall have prejudice by it but for defaults in the pleading the Plaintiff ought to recover Hinde Justice to the 3. exception the death of the particular Tenant shall not be shewed which is onely conveyance of the execution of the remainder and is not Traversable nor Issuable To the first and Second exceptions he needs not shew his continual residence after the Remainder is fallen nor the day of his entry because it is a Condition subsequent and goes in defease of his Estate and he which hath benefit by it ought to shew it as 29. H. 6.22 the Grantee of an annuity pro concilio impendendo shall have the Annuity without shewing that he hath given Councel for that the shewing of it is not beneficial to him and the denial of Councel defeats the Annuity so he agrees to the diversity in case of Annuity 15. H. 7.1 bont fol. 25 by Pollard when one shall be promoted and therefore the shewing hereof that which is surplusage and the imperfectness of it shall not make the Bar vitious and the Remainder here by him commenceth not upon Condition but it is a limitation and explanation from the time that it first begun for nothing or words makes a Condition but such which restrains the thing given as If I. Lease for life upon Condition That if the Lessee die or maketh waste and I. recover the place wasted or any parcel of it That I. shall enter into all for it is a Condition for that part in which no waste is done because it restrains and defeats that part And if it be a Condition here yet the Remainder thereupon is good if it commenced and vested at any time during the particular Estates 24 29. 32 34. for when he hath Fee-Simple he may Condition with it as he pleaseth if it be not against Law as if I. Lease for life upon Condition That I. S. paies to me 20. l. that I. shall enter then the Remainder is void because the entry avoids the first estate and then no particular estate continues upon which a Remainder may depend Brown Justice to the same purpose The entry of the Defendant shall be intended immediately for this is the most common intent and a Bar good to a common intent shall be intended that he entred presently after his Title accrued and to the matter in Law hold that the remainder shall be good upon Condition Montague Chief Justice to the same intent The entry of the Defendant shall be intended presently for this is the most common intent and a Bar good to a common intent is good as 21. E. 4.83 in Assize the Tenant pleads a discent to him as Son and Heir and he entred and it was held good yet the Father of the Plaintiff might have abated and died seised and then the Plaintiff is in as Son and Heir in which case the Tenant might not enter But this is not intendable but the most common intent is That the Tenant entred immediatly after the death of of his Father So 9. E. 4.12 in Debt against five Executors at the Distress 3. makes Default 2. appears and pleads Recovery against them two of 300. and that more they had not in their hands Exception taken That because by intent there should be five Executors two might have abated the first suit and so the Recovery not duly had but holden good because it may be that then they two onely administred and then they did lie against them two onely and the most common intent is that it might be so rather than at first to lose advantage to have abated the Writ and therefore the Plea in Bar was held good and Execution duly had and if it were otherwise the Plaintiff ought to have shewed it So 21. E. 4.8.1 In formidon in discender The Tenant pleads the release of the Demandant without Warranty in Bar yet might be made by him in the life time of the father and then it is no Bar but it shall be intended to be made after the death of the Father if the Demandant replies not to the contrary but if he which pleads in Bar is bound at a time certain he ought to shew the day of his Act certainly 24 26 27. as the day of entry for Mortmain so that it may appear to be within the year So if one justifies for Common between Lammas and Candlemas So if one justifies by Warrant by Licence by Authority he alwaies ought to shew the time certain of his justification so that pleading in abatement of the Writ or a plea after the last continuance ought to plead certainly and these are observed as principles in our Law but he which pleads in the Negative ought not to plead certainly If he would dwell c. It is like that it is not a Condition here because it is not

are absolute viz. if for one hour onely it sufficeth and there he may alien without danger of the Statute and here no offence is shewed to be made against the Statute Pollards Assise of Freshforce 7. E. 6. In the Guild-Hall London in the Hustings in time of Tent. AN Assise of Freshforce upon a plaint of Intrusion or of Novell Diseisen was brought by John Pollard Esquire and Mary his wife in the Hustings of the Guild-Hall London against Bartholomew Jekell Ralph Foxley and Anne his wife and eleven others 10. of them appear by Baily and plead nultiel in rerum natura as one named in the Writ this shall abate but for him onely and shall stand good for the others It was adjudged so in the quare impedit against the Bishop of Carlile many others where the death of one of the Defendants was pleaded by abatement for speed in avoiding of delays therein For voucher lyeth not in it unless the party himself be present in Court and Protection lyeth not because excepted in an Assise therefore it sufficeth if Tenant and Disseisor relinquish and the Land is the chief and Original cause of the Action otherwise in Trespass for there the person is chief and the death of one shall abate the whole Writ by 29. Ass fol. 62. adjudged but the contrary was held 44. E. 3.18 47. E. 3.18 The Parson of Honylanes Case AN Assise of Freshforce against Moore 7. F. 6. Panel Parson against Moore the Mercers of London and a Corporation The Corporation may not appear by Baily without Warrant for that it is to defend their wrong otherwise it is to justifie a Trespass which is but a personall thing And although the Assise Pone per vadios salvos plegios predict Defend vel Ballivum suum si ipse inventus non fuerit generally yet he shall be intended a Lawfull Baily by Warrant And the Defendant pleaded that the Plaintiff hath entred after the last continuance and Issue taken thereupon the Jury gave a speciall Verdict That he entred for to see the antiquity of the buildings at the request of the Defendant which had invited him to dinner and adjudged no entry to abate the Writ for that if he were a stranger he should not be a Trespasser by this because of the request because he had not any intent to enter and continue in possession The Jury may give a speciall Verdict and find the matter at large upon every issue by equity of the Statute of Westminster 2. cap. 30. if this tends to prove the part of the Issue onely per curiam Woodland against Mantle and Redsole THe Lord incroacheth services of another nature and avow for this 5. 6. E. 6. Replevin The Tenure shall be Traversed and not the Seisen otherwise it is if he encroach more of the same nature as where he holdeth by 12. d. to encroach 2. s. c. There the seisen shall be Traversed for the quality of the Tenure is Traversable and not the quantity But to avoid the incroachment of the quantity the Tenant is put to a Writ of Customs and Services or contra formam Feoffamenti and this is an Estoppell between true Lord and Tenant onely in Replevin and the Tenant may make Rescous if he Distrains for this incroachment And the Lord may not make Title in Assise for this incroachment And also this encroachment is intendable onely between true Lord and true Tenant and not Donor and Donee Lessor and Lessee for there they ought to avow upon the Reservation which the Tenants may Traverse notwithstanding the encroachment by Plowden The Lord may Seise or Distrain for Heriot Service adjudged because he hath property in this by the death of his Tenant and the certainty thereof appeareth by 6. E. 3 277. Matters of the Crown at Salop. IF one be present and abet a Murtherer he is principall as well as he that kils the man 1. Mar. at the Sessions in Salop. and shall be indicted although that the Murtherer flies and be not attainted because both are principals in the first and same degree And he which abets is not onely principall in the second degree but if one be Indicted as accessary to two he shall not be arraigned with the abettor untill he which flies is also attainted and adjudged which agreeth with 40. Ass 25.7 H. 4.29 and 36. b. And if the abettor be found guilty by one Verdict and the Murtherer by another Verdict is acquitted now Judgement shall be respited against the abettor for the Court will give more credit to the Verdict which was charged directly upon the principal act then another which is charged implicitely and oblique 1 Mar at the same Sessions FIve were Indicted of Murther of a Servant of Doctor Ellis's and one venire facias awarded against all and they severed in peremptory Challenges yet the Jurors which were challenged shall be drawn against all upon the Challenge of one although that the others challenge him not but allow him 1. Adjudged for that the venire facias is intire that the Court in discretion at the prayer of the Attorney of the King may sever the Jury and Tales thereupon 2. They may make one Jury serve severally against every of them by himself 3. The evidence given against the prisoners prove That the Servant was killed upon malice prepenced to Doctor Ellis himself which was in company at the time of the Murther And the Court resolved That this Malice to the Master extends to the Servant and all others which defend the Master and resist the malice of the Murtherers 4. Resolved also That if two are fighting of malice prepenced and a stranger which hath no malice takes part with the one and kils the other this is manslaughter in him and Murther in the other 5. Resolved if one be indicted of Murther and found guilty of Manslaughter and acquitted of the Murther yet Judgement shall be given against him that he shall be hanged for that the death of a man which is the substance is found although that the circumstance is not yet he was reprieved by the discretion of the Justices Fulmerston against Steward M. 1. 2. P. Mar. in the kings Bench in trespass PLeading that the Masters and confreres of a Colledge was seized in fee is good without saying in the right of the Colledge for it shall be so intended for that they are named by the name of corporation otherwise it is if they were named by their particular names 2. If one plead a Lease of a Mannor with an exception made to the defendant and will avoid this for parcel of the Mannor because of another Lease made to the first Lessee within a year after the making of the Statute of 31. H. 8. ca. 13. he ought to aver in pleading that the exception extends not to this parcel For otherwise it shall so intend strongest against him that pleads it and then pass not

was indicted before the said 15. of divers Treasons and express none in certain and ex illa causa and causis to proceed against him according to the Law whereupon he was arraigned and condemned thereupon accordingly and after the said attainder was confirmed by Act of Parliament which recites the said attainder and confirms it and besides ordains That the said attainted persons shall be attainted of high Treason c. And the attainder upon the indictment and the confirmation by Parliament were adjudged void 1. For that the Indictment taken before 15. is not an Indictment taken before 8. for the lesser number will not include the greater but the contrary and there may be two Indictments one taken before 15. and the other before 8. and for that the number is exprest there is certaintie what Indictment the Queen intended for misprision of time place and number shall make the thing void when they are limited for certainty and take away incertainty as of the time of 7. E. 3.26 one brings a Writ and Recites that it is contained in the Articles made in the time of King Edward Father of the King Edward the Third that no Sheriffe should put into Inquests c. and declare over according to the Statute the Writ was abated by Award for that the Articles that is to say Articuli super Chartas cap. 9. was made in the time of Edward the First and not in the time of King Edward the Second which was Father to King Edward the Third So E. 3.25 a Statute Merchant was made to pay 16. E. 3. and the party sued Execution and the Writ supposed the summe to be paid 14. E. 3. and by the suite the Feoffee was ousted and sued his Writ of Errour in the Kings Bench for the Kings Bench because it is the highest Court. shall revers Error upon suits in the Chancery according to the order of the Common Law So a defeasans which ●…tes a Statute to be made the 10. day of May where it was the first is void because time certain and that to which Acts are referred is materiall because there may be two Statutes the one the first the other the tenth day Misprision of the place as 38. H. 6.34 one pleads Letters Patents dated at Westminster where it did beare date at another place Naught because the place is materiall and is circumstance and witnesse of verity and certainty So by Commission to arraign one upon an Indictment at Dale in the County of C. where he was Indicted at another place in the same County there may not be arraigned by this authority for the reason aforesaid Misprision of number as 23. Assises placit 7. Writ of Redisseis●n abate because the Sheriffe tooke with him but one Coronor where Merton cap. 3. appoint two at the least So in a Precipe there ought to be twelve Summoners So 8. H. 7. pla ultima the number limited by the Act 3. H. 7. cap. 1. concerning the Star-Chamber ought to be observed So an accountant found in arrearages shall not be committed to Prison if there be not two Auditors because W. 2. cap. 12. saith auditorum So 2. E. 3.8 A Writ of Attaint supposed that the Verdict passed before 4. Justices and the Record proves that before 2. there is no Warrant to take this Attaint But 31. E. in the Booke of Assises pl. 1. a Procedendo supposed that the Assise was arraigned before 2. where it was before 3. good because no falsity there because the greater comprehends the lesse not on the contrary 2. By Anderson which was of Counsell for the Defendant and which in part confessed that the arraignment was not duly made yet said that it was not void but voidable See there the Office of Justices for Treason and their Authority for judgement given where the due circumstances of Law are not observed is not void but voidable by Error as 7. E. 4.3.11 H. 7.4 and 2. Mar. 1. Judgement given upon a Plea of Land 21. H. 6. and 21. E. 4.4 and 62. where a Fine levied without Originall is voidable by Error and by him and Lovelace this Writ of Error is taken away here because a thing defeasable confirmed by Parliament is made indefeasable The counsell of the Earle to the contrary clearly that the Authority given to the Mayor and the others by the second Commission is to proceed upon one Indictment and he proceeds upon another and so exceeds his Authority and therefore shall be void Also they are no Justices of the Treason expressed in it And there is not any such Indictment and no Treason in certain is expressed in their Commission But the Relation is generall to treasons contained in the Indictment where in truth there is not any such Indictment and so the relation of a thing incertain in it self to a thing which is not done the thing referred is void otherwise it is of a thing certain as before fol. 169. A Lease of all his Lands in D. which he hath by his Mother where 2. E. 4.27 before fol. 191. releases all his right in them and hath no Land there by the Mother but by purchase with his Father this Lease and Release are void for the cause aforesaid But otherwise it is where he leases and releaseth all his right in White acre in Dale which he hath by his Mother or hath by his Father or Purchase because the saying there which he hath by his Mother is surplusage because it was certain enough before all the parts of the Commission shall be considered together and fulfilled as of every other Deede As for the last part of the Letter of Atturney although as well to deliver seisen as to take by the words of the first part So here because they have authority to arraigne the Plaintiffe upon the Indictment onely taken before fifteen and he was arraigned by Indictment before eight of them all is void and Coram non Judice And it is not resemblable to the Cases put by Anderson fol. 349. because there they have authority upon the Cause and the Cause was within the Jurisdiction of the Court and the Order is misused in which Case the Acts shall not be void but voidable But where one is assigned to doe one thing and he doth another as here this other is meerly void and without Authotity as 9. E. 44. by Choke He who Arbitrates another thing then is committed to him makes such Arbitrement void Anderson and Lovelace for the Defendant the Plaintiffe shall be taken by this Statute to be attainted or at least concluded to say otherwise because the recitall of the Act is an Estoppell to all because every Subject is party and ptivy to an Act of Parliament and the Statute shall not be void to all intents And the Expounder ought not to make Exposition for to confound the Text by 27. H. 8. c. 10. A woman may refuse her Joincture if assigned after Marriage implies that if it were assigned before