Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	bishop_n	church_n	diocese_n	2,662	5	10.6930	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61922	Regestum practicale, or, The practical register consisting of rules, orders, and observations concerning the common-laws, and the practice thereof : but more particularly applicable to the proceedings in the upper-bench, as well in matters criminal as civil ... / by William Style.	Style, William, 1603-1679.	1657 (1657)	Wing S6102; ESTC R33821	216,034	394

open the Record unto the Jury and prove the Lease of Ejectment and cause it to he read and then open the Plaintiffs title and if no evidence be given for the Defendant the Jury find for the Plaintiff and give him dammages and costs of Sute 1654. B. S. If the Jury find a matter specially and do conclude a thing which can not stand and agree with their finding the conclusion is idle and shall be taken to signifie nothing By Rolle Chief Justice 1654. B. S. For the Verdict was perfect without the conclusision and therefore an idle and impertinent thing shall not vitiate a good Verdict The Jury may find a matter of Record if it be very ancient or if the Record be embezeled or cannot be found upon search made for it notwithstanding what is held in Scholasticas case to the contrary although the Record be not shewed to the Jury By Rolle Chief Justice Valuation A Jewel is not Valuable but according to the Valuation of the owner of it and is very incertain Hill 21. Car. B. r. Q. Tamen For it seems there is a certain Value for Pearls and Diamonds amongst the Merchant Jewellers according to their weight bigness and luster If one declare in an Action of Trespass for the taking away of live cattel he ought to say that he took away his cattel pretii so much but if he declare for taking away of things without life he ought to say ad valentiam of so much Mich. 1649. B. S. Q. Differentiam inter pretium valentiam or price and value Vse A Use and a Trust were all one at the Common Law and did both rest in privity but are now distinguished by the Statute of 27. H. 8. Mich. 23. Car. B. r. The limitation of a Use was at the Common Law but a matter in equity and the party concerned was onely relievable upon it in Chancery Mich. 22. Car. B. r. Feoffments to Uses have the same acception as Deeds at the Common Law have and are not to be interpreted as Wills are Mich. 23. Car. B. r. It is all one whether a Use be raised by way of Covenant or by way of Feoffment Mich. 24. Car. B. r. Privity of estate and confidence in the party are the two great pillars by which Uses are supported Pasc 1650. B. S. 18. Maii. Vsury Where there is not a Usurious contract preceding although he that lendeth money do take more then eight pound per annum per centum upon a just computing of the moneys received by him whether it fall out by the miscasting of the parties or by the mistake of the Scrivener this is not Usury forbidden and punishable by the Statute Trin. 22 Car. B. r. Threescore pounds was reserved payable upon a Morgage of Lands for three years payable at every six moneths by equal portions whereas the whole Use money for three years for the moneys lent upon the Morgage according to the Statute came but in the whole to sixty pounds and yet this adjudged to be no Usurious contract Mich. 23. Car. B. r. Voide and Voideable A thing is Voide which is done against Law at the very time of the doing of it and such a thing done shall binde no person but a thing which is only voidable and not absolutely void is a thing which he that did it ought not to have done it yet when it is done he that did it cannot avoid it but it may be made void by his Heir c. 21. Car. B. r. A Lease which is only Voidable must be made Voide by re-entry but where a Lease is absolutely voide there needs no re-entry 22. Car. B. r. Vill. The Constable of one Vill cannot execute his Office in another Vill. 24. Car. B. r. For every Vill hath a particular Constable or Officer and have confined power to their severall limits There is an antient Book called Liber Villarum wherein is contained all the Vills and Parishes in England Pasc 24. Car. B. r. This Book I take it is in the Exchequer Variance If there do uppear to be a materiall variance tween the matter pleaded and the manner of the pleading of it this is not a good Plea Pasc 24. Car. B. r. View The Court will grant that the Jury shall view the thing in question for them to try if they doubt of it if the Plaintiff and Defendant will consent unto it otherwise not 15. Nov Mich. 1650. B. S. But the Jury must find without a View according to the light they have received from the evidence as their consciences shall direct them Warden of a Church or Church-Warden A Church-Warden is a Church-Warden although he do not take an Oath for the Oath was only enjoyned him by the Bishop of the Diocess by an usurped authority for he is an Officer whereof the Common Law takes notice and was so before such an Oath was imposed upon him Mich. 22. Car. B. r. Waste If Waste be done upon Lands which are let for Term of years or for life by one against whom the Lessee can have no remedy in Law for committing this Waste the Lessee is not punishable by the Lessor for this Waste except there be a special covenant in the Lease that he shall not commit or suffer Waste to be done Mich. 23. Car. B. r. So that a special covenant of the party doth binde him where by the Law he was not bound A Foreign enemy that invades the Land and makes destruction in Lands and Houses is such an one as the Lessee can by Law have no remedy against for Waste done by him If Timber Trees be growing in the Hedges of a Field or close let for years or life and the Lessee cuts them down the Field shall not be forfeited in an Action of Waste brought against the Lessee but if the Trees cut did grow scatteringly throughout the field or close the whole field or close is forfeited by cutting them down By German Justice Pasc 1650. B. S. 17. Junii Q. Withernam Cattel which are taken in Withernam ad valentiam that is to the value of the cattel that were first distrained and so detained that the Sheriff cannot execute the Replevin brought for them is to be understood not of the number of the cattel first distrained but according to their full worth and value 1651. B. S. For else he that brings the Repliven and Withernam will be deprived of his satisfaction he ought to have in case the distress were not lawfully taken Warranty If one Warrant a horse or any other thing sold after the time of the sale of it such a Warranty is not good to bind the party that made the Warranty but the Warranty must be made at the time of the sale and then it is binding because it is part of the contract Pasc 1652. B. S. Writ A Writ may be either a Mandatory Writ or it may be a remedial Writ a Mandatory Writ is a Writ which is directed unto the Cinque