Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	act_n	king_n	parliament_n	3,554	5	6.8839	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29656	Some new cases of the years and time of King Hen. 8. Edw. 6. and Qu: Mary; written out of the great abridgement, composed by Sir Robert Brook, Knight, &c. There dispersed in the titles, but here collected under years. And now translated into English by John March of Grays-Inn, Barrister. All which said cases are hy [sic]the translator methodised, and reduced alphabetically under their proper heads and titles. With an exact table of the principall matter contained therein.; Graunde abridgement. Selections. French (Law French)	Brooke, Robert, Sir, d. 1558.; March, John, 1612-1657.; Fitzherbert, Anthony, Sir, 1470-1538.	1651 (1651)	Wing B4898; ESTC R213260	142,103	327

j●●●dicial jurisdiction and another is 〈◊〉 that these are sufficient causes to ele● new ones wherefore they did so 〈◊〉 the Kings Writ out of the Chancer comprising this matter which was a●●mitted and accepted in the Commo● House of Parliament 38. H. 8. B. Par●●●ament 7. Parnour Taker of the profits An Office is found after the death Cestuy que use that he died seised and the heir is in ward of the King and after a Recovery is had against the Heir during the Possession of the King as against the Pernour of the profits before the Statute of Uses 27. H. 8. the Feoffees traverse the office or sue an Ouster l'main this Recovery shall binde the heir but the Recoverer cannot enter during the Possession of the King 29. H. 8. B. Pernour 32 A man cannot aver another Pernour of the Profits of other things which are not in demand B Pernour 4. the middle Patents The King gives Land to I S. Et heredibus masculis suis the grant is void See Tit Estates If the King Licences his Tenant to alien his Mannor of D and he aliens it except one acre the licence shall not serve it for the King is not assertained of his Tenant of all And if I have a Licence to impark 200 acres and do it according and after increase by other 10 acres there this is not a Park 23. H. 8. B. Patents 76. If the King grants omnia terras tenementa sua in D. this is a good grant these general words 30. H. 8 B. Patents 95. The King gave to the Earl of Rutland in Tail and after intended to give to him in Fee simple and to extinct the Tail and t was doubted that the surrender of the Letters Patents of the Tail and the cancelling of them and of the Inrollment and Bill assigned will not extinct the Tail for the Tail executed may be averred without shewing the Patent And a Formedon lies after the Tail executep without shewing the Patent And t was taken that t was not a good surety for the King for his services to give the reversion to to hold the reversion by such services when it vests and to except the first services during the Tail for when the reversion is gone the Rent and Services reserved upon the Tail are gone as wel in case of the King as a common person And therefore the devise was that the King by a new Patent reciting the first Patent shall give the Reversion and the first Rent and Services to have in Fee to hold by such Services and rendring such Rent and by this the King shall have the new Tenur presently and the Grantee shal not be charged with double Services and Rents during the Tail and t was agreed for Law that if a man loses his Letters Patents he shall have a Constat of the Letters Patents out of the Inrolment and Bill assigned which remains in the Chancery And therefore B. seems that the Inrolment shall not be cancelled B. Patents 97 And t was agreed by Whorewood the Kings Attorney optimos legis peritos that if Tenant in Tail of the Gift of the King surrenders his Letters Patents this shal not extinct the Tail for the Inrolment remains of Record out of which the issue in Tail may have a Constat and recover the Land wherefore they made the Devise aforesaid viz that the King shall grant to the said Earl Tenant in Tail the Fee simple also and then a Recovery against him will barr the Tail Otherwise the Reversion being in the King B. Surrenders 51. And t is said for Law if the King gives in Fee or in Tail or for life the Patentee Leases for years or grants Leases or gives part of the Land or of the Interest to another and after surrenders his Patent by which t is cancelled this shall not prejudice the third person that he shall lose his interest by it for he may have a Constat out of the enrolment which shall serve him Quaere inde because a Statute is made of it And Quaere if the Common Law shall not serve for it appears in the book of Entries fo that a man pleaded a Constat 32. H. 8. B. Pattents 79. the end Surrender 51. What thing in action the King may grant what not See Tit. Choise in action If the King grant a Balywick or sheriffwick to I. S. absque compotoreddend the word absque compot is worth nothing for t is contrary to the Nature of the thing granted 36. H. 8. B. pattents 99. If Conusance of plea be granted by the King he ought to shew where as in Guild-hall or the like and before whom as before his Steward c. And the King may grant Toll Fair Market and the like but not to have Assise of Fresh force nor Toll traverse nor Through Toll nor that the Land shall be Devisable Borrough-English Gavelkinde nor the like for these are by Custom which cannot commence at this day by grant for the King cannot make a Law by his grant and that by grant of Conusance of pleas he shall not hold plea of an assise nor of a certificate of assise And t is said for Law That a false consideration in Letters patents shal not avoid them as where the King for ten pound to him paid gave such Land and the ten pound is not paid the patent is not void shall not be repealed Contrary of a patent granted upon a false surmise as to falsifie that the land came to the King by attainder of I. S. which is not true or the like Quaere the diversity 37. H. 8. B. patents 100. Where the King Tenant in Tail cannot discontinue or charge by grant by patent See Tit. Discontinuance de possession Note that t was agreed That where the King grants Land which is in Lease for tearm of years of one who was attainted or of an Abby and the like that the grant is good without recital of the Lease of him who was attainted or of the Abby for he shall not recite any Lease but Leases of Record Time H. 8. B. patents 93. T was granted in the case of Thomas Inglefield Knight where the King Receits quod oum A. B. tenet manerium de B. protermino vitae suae de concessione nostra c. Sciatis nos concessisse C. S. reversionem manerii predict c. Habendum c. that this is a good Grant Therefor B. seems that if the King mis-recites the date of the first Letters Patents or the like yet if he well recites the estate and the thing and the name of the Lessee that then the Grant of the Reversion is good For where the King takes notice of his Tenant for term of life and of his estate and grants the Reversion he is not deceived in his Grant for he takes upon him notice of the former Interest for life and then the date of

of England before the Conquest and other Armes after to his owne Armes and other pretences against the Prince and hee was tryed by Knights and Gentlemen and not by Lords nec per pares regni because that hee was not Earle by creation but by Nativity as Heir apparent of a Duke which is no dignity in Law for if hee had beene of dignitie by creation and Lord of Parliament he should be tryed by his Peeres 38 H 8. B. Treason 2. 'T was agreed that for misprision of Treason or if a man knowing counterfeit money and imports it out of Ireland into England and utters it in payment or the like a man shall lose his goods for ever and the profits of his Land for his life and shall be imprisoned for term of life 6 E 6. B Treason 19. the end Note that it appeares by divers Records and Presidents that these words compas or imagine the death of the King are large words for he that maliciously devises how the King shall come to death by words or otherwise and doth an act to explain it or the like this is Treason And hee who intends to deprive the King in this is intended the death of the King quaere of the depriving for by B a man may deprive and yet intend no death And for this cause a Statute was thereof made Time H 8. E 6. And the detayner of a Castle Fortresse or the like against the King is levying of warre against him all which words levying of warre and the others afore are in the Statute of 25 E 3. And adhering to the Enemies of the King ibm ayding and strengthening them 1 M 1 B Treason 24. 'T was agreed in Parliament that for misprision of Treason the Fine used to bee the forfeiture of all his goods and the profits of all his Land for his life and his body imprisoned ad voluntatem Regis for misprision is finable 2 M 1. B Treason 25. the end Note that if an alien borne of a Countrey which is in amity and peace with this Realme comes into the Realme with English Traytors and levies warre this is Treason in all contrary if the Country of the alien were in warre against England for then the alien may bee killed by Marshall Lawe 4 M 1. B Treason 32. Trespas Note that in the Register amongst the Writs of Trespas there are many Writs of Trespas quare vi armis equum suum apud D inventum cepit effugavit c. And so see that if they be taken in a Common or other land which is not to the owner of the beasts yet he shall have Trespas vi et armis but not quare clausum fregit 3 M 1. B Tenants 421. Tryall Peere of the Realme shall bee tryed by his Peeres if hee bee arraigned upon an Indictment contrary if he be arraigned upon an Appeale for at the suite of parties he shall not be tryed by his Peeres and so was Fines Lord Dacres of the South this yeere and hanged for Felony for the death of a man who was found in his company at a hunting in Sussex 33 H 8. B Jurors 48. the end Tryalls 142. Note that in a Court Baron the tryall is by wager of Law but they may bee by Jury ex assensu partium And the Maximes and generall Customes of the Realme which is the common-Law shall bee tryed by the Justices And the same Law of expositions of Statutes And by the Civill-Law the Judges have the construction of Statutes likewise But particular Customes shall not bee tried but per Patriam 33 H 8. B Trialls 143. Note that a Bishop is a Peere of the Realme and shall bee tryed per pares suos upon an arraignment of a Crime and so put in use therefore Knights shall be of the Jury and if not the Panel shall be quashed yet see 27 H. 8. that the Bishop of Rochester was not tryed by his Peers 2 M. 1. B. Trials 142. the end Variance Quare Impedit upon a grant de proximum presentatione granted to I N. Gentleman and in the writ brought by I. N. this word Gentleman is omitted and the Defend ' demanded Oyer of the Deed and had it and the variance no matter for the Action of quare Impedit is founded upon the disturbance and not upon the Deed as an action of Debt is founded upon the Obligation 2 E. 6. B. Variance 109. Verdict Note That the Court of Common Bench would not permit a Verdict at large in a writ of entry in nature of an assise because t was a Precipe quod reddat at which B. admires for it seemeth to him that upon every general issue a Verdict at large may be given 23 H. 8. B. Verdict 85. Special Verdict where the issue is upon an absque hoc See Tit. Issues Joynes Villeinage If a Villein comes to an Executor or to a Bishop Parson or the like in jure Ecclesiae and he purchases Land the executor enters he shall not have it j●re proprio but as Executor and it shall be Assets And if the Bishop or the Parson enters he shall not have it but in jure Eccesiae because that they had not the villein in jure proprio but in another right contrary if they had had the villein jure proprio 33. H. 8. B. Villeinage 46. The King shall not have the villein of another in ward and yet if there be an Ideot he shall have the villein of the other who is so Ideot Quaere And the King shall have the perquisite of a villein of another if he hath him as Ideot Lecture B. Villeinage 71. Voucher See B Tit. Voucher 84. Vsury Note that where a man for 100l sels his Land upon condition That if the Vendor or his heirs repaies the summ citra festum Pasche or the like tunc prox futur that then he may re-enter this is not usury for he may repay the day before or any time before Easter and therefore he hath not any gain certain to receive any profits of the Land and the same Law where a defeisance or Statute is made for the repayment citra tale festum E contra if the condition be that if the said vendor repays such a day a year or two years after this is usury for he is sure to have the Lands and the Rents or Profits this year or these two years And so where a Defeisance or Statute is made for the repayment ad tale festum which is a year or two after 29. H. 8. B. Vsury 1. If a man Mortgages his land upon defeasance of repayment to re-enter by which Indenture the Vendee Leases the same land to the Vendor for years rendring rent there if there be a conditition in the lease that if the Vendor repaies the summ before such a day that then the Lease shall be void this is not usury Otherwise if it be