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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

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49392	Reports in the Court of Exchequer, beginning in the third, and ending in the ninth year of the raign of the late King James by the Honourable Richard Lane ... ; being the first collections in that court hitherto extant ; containing severall cases of informations upon intrusion, touching the King's prerogative, revenue and government, with divers incident resolutions of publique concernment in points of law ; with two exact alphabeticall tables, the one of the names of the cases, the other of the principall matters contained in this book.	Lane, Richard, Sir, 1584-1650.; England and Wales. Court of Exchequer.	1657 (1657)	Wing L340; ESTC R6274	190,222	134

it seems to me it is apparant by the Statute of the 26. H. 8. Cap. 10. which gives power to the King by his letters Patents to limit the time for importing of Wines against the Statute of 23. H. 8. Cap. 7. which was no more but a restoring of his power abridged before and so was the Statute of 31. E. 3. for otherwise the Parliament would never have given him Authoritie to contradict an Act of Parliament by his letters Patents or to revive these Acts Impositions are meerly a new custome and so are they stiled in the Margent of the Roll of the 3. E. 1. in this Court where it is Recorded that the King had assigned Merchants to receive using the same words which are used here half a Mark for every Sack of Wool and a Mark of every Last of Leather and that if the Merchant who is so appointed Transport any after that it shall be forfeited and out of this record I observe that three hundred Pelts make a Sack of Wooll from the 21. Ed. 1. unto the 28. E. 1. the customs for Wools was 40. s. a Sack and in 25. E. 1. the Imposition of Maletolt was repealed by Act of Parliament which Maletolt was an increase of Impost upon staple commodities and therfore was given to the King a great subsidie with this cause that it should never be drawn into president which shews that this Maletolt was rightly imposed otherwise the Parliament would never have given him so great a Recompence for the Abrogation of it but after in the 13. of E. 3. because it was a thing of so great consequence to the Crown it was revived and made 40. s. for Wool and Woolfels and 3. l. for Leather for denizens and double for strangers in the 14. Ed. 3. a Petition in Parliament to abate it and for a great subsidie it was released and in the 18. of Ed. 3. it was again revived and a new petition was made in Parliament and this petition was continued until the 36. of Ed. 3. and then it was abated and also by the 45. E. 3. it was again abated so that it seem that between these times it was revived but after it did not continue long for in 48. E. 3. it was again revived and for Wool the Impost was 50. s. et sic de singulis and in 1. R. 2. after it was answered to the King as it appears in the accompts here and in 5. R. 2. it was again suppressed by Parliament for a subsidie granted to the King with a saving of antient rights all these Statutes prove expresly that the King had power to increase the Impost and that upon commodities of the land and that he continually used this power notwithstanding all Acts of Parliament against it and so much for commodities of this land but for forrain commodities it appears by no Act of Parliament or other president that never any petition or suit was made to abate the Impost of forrain commodities but of them the Impost was paid without denial as for example for Wines in the 16. E. 1. as appears in this Court upon Record it was commanded to the Bailiff of Dover to levie and Gollece of every Tun of Wine of a stranger 4. s. and in the 22. E. 1.2 s. thereof was released at the suit of the French Ambassador in the 26. of E. 3. the King granted priviledges to Merchants strangers but there was given for it an increase of custome and this was answered as it appears upon accompt in the times of E. 1. and E. 2. the case of Allom was as it hath been recited by my brother Clark it is objected that the Merchant ought to have free passage upon the Sea but that both not conclude the King but that he shall have his Impost if he cometh into his Ports and here the question is for Merchandise after that they are brought into the Port but it is said that they cannot come into the Port but by the Sea that is true but if this reason should hold then the King could not grant Murage Pontage and the like because the common Channel to them is free and Average is for securitie aswel as Ports another objection that the Defendant here is not restrained but that is answered for if a pain be inflicted upon them who import this is an inhibition upon a pain to all another objection was that there was no consideration of the Imposition and if it be demanded what differences between the cases I answer as much as is between the King and a subject and it is not reasonable that the King should express the cause and consideration of his Actions for they are arcana Regis and no satisfaction needeth for if the profits to the Merchant faileth he will not trade and it is for the benefit of every subject that the Kings Treasure should be increased an objection was made against the form of proceeding because it was by the great Seal to the Treasurer and that he by the customers Peteret et reciperet and this could not be better as it was answered before it was objected that it should be by Proclamation and that needs not for it toucheth not all the subjects but only those who are Traders in Merchandising the best and aptest means to give them notice by the customers and it is alledged by the information expresly that he had notice It was lastly objected that there ought to be a quod damnum in the case before the grant that is not so for that shall be only when the King granteth any thing which appertaineth to his prerogative and not when he maketh Charters to his servants to levy his duties due to his Crown wherefore I think that the King ought to have judgement which was after given accordingly 6. Jac. in the Exchequer An Information against Sir Edward Dimock THe Bishop of Carlisle called John May in A. 26. Eliz. made a lease in reversion to Queen Eliz. of the Mannor of Horncastle whereof the Bishop was seised in right of his Bishoprick and this was for 4. years and it was acknowledged before Commissioners appointed for this purpose and the Bishop prayed it to be inrolled and this prayer is indorsed but not inrolled and in 37. Eliz. this lease was confirmed by the Dean and Chapter in the life of the lessor and in 44. Eliz. the successor Bishop leased this land to Sir Edward Dimock the Statute of the 43. of Eliz. hath a proviso that it shall not extend to any lease before made by the Bishop of Carlisle to Queen Eliz. then not inrolled and after the death of the Queen viz. 5. Jac. this lease in 26. Eliz. is returned and certified to be acknowledged and is then also inrolled and Sir Edward Dimock had entred and was in possession by vertue of his lease in the 3. Jac. and the information was for entrie and intrusion in 3. Jac. and upon the Bar all this matter was discovered and a

Greyhound and è conversò and this was ruled to be an imployment for it was whereby or wherewith a Priest was maintained although it was not whereof and Mich. 21. Eliz. the Kings head in Breadstreet now Fishstreet was given to finde a Priest and a rent-charge granted in performance of the Will and this was adjudged an imployment of the house and so where the assignment is good a small thing will make an imployment And it seems that the Liverie is good and as to that that no Livery can be made without ousting of the Lessor and by his consent and therefore 9. Eliz. It is ruled that a Feoffement with a Letter of Atturney to the Lessee to make livery is good and no surrender and Eides and Knotsfords case 41. Eliz. Lessee for years remainder for life remainder in fee he in remainder in fee makes a Feoffement to the Lessee for years and makes Livery and it was adjudged a good Feoffement because it was not a surrender in respect of the meane estate for life and no ouster nor consent will serve for then it would be a disseisin which cannot be upon the possession of the Lessee for years for his possession is also of him in the remainder for life and I put these Cases that there ought to be a consent or ouster but I agree that the Queens possession cannot be defeated by entry or ouster as it is 4. Mar. Dyer 139.8 Ass 21.18 H. 8.16 But the Kings Ward may make an estate 1. H. 7. But if the King be not in possession but a remainder only in him and the Lessor makes a Feoffement rendring 12. d. rent this estate in the King doth not priviledge any other in possession and so judgement was given for the Plaintiff against the opinion of Altham Mrs Chamberlains case IN 22. Eliz. York recovered by Indicement in the Kings Bench against Allen upon an Assumpsit York being thus interessed of the debt after that is in May 26. Eliz. was outlawed upon a mean Proces at the suit of I. S. and in the same year and moneth was outlawed after judgement at the suit of the same I. S. and after a generall pardon came 27. Eliz. in which pardon after the pardon of all contempts for outlawrie there are words also purporting a Grant bounty and liberality whereby the Queen granted all montes forfeited or come unto her hands by reason of any such outlawry with other words in the same pardon and Provisoes therein contained necessary to be observed And after in 28. El. York was outlawed again after judgement at the suit of I. S. and then Yorke died but he lived a full year after the pardon 27. Eliz. and did not sue any Scire facias against the party at whose suit he was outlawed after Iudgement and after the death of Yorke another pardon came 29. Eliz. to the same effect with the pardon in 27. And after the Queen grants this debt to Anger for the benefit of Mrs Chamberlain who was the Wife of Yorke and Anger sued in the Queens name to have an extent out of this Court against Allen who was the party against whom Iudgement was given and all this was drawn into a Case and delivered to the Barons of the Exchequer to consider upon viz. If execution may be sued in the Queens name against Allen and this case was argued at the Barre at which I was present And now it was argued at the Bench by Bromley Puisne Baron and concluded that Anger may well sue execution in the Queens name but he had almost made an end of his Argument before I came into the Court and three points seemed to be considered of in the Case The 1. was unanimously resolved and agreed by all the Barons that either of the pardons will advantage Allen who was debtor to the party outlawed for although that the words of the pardon unport a pardon of all debts and sums of money accrued to the Queen by reason of the outlawry yet comparing all the parts of the pardons together it will plainly appear that the intent of the pardon was only for the advantage of him who had committed the forfeiture by the contempt and extends only to him by way of restitution And another construction would be repugnant to all the Causes contained in the Act By Tanfield as a Will ought to receive construction by due consideration of the intention of the Testator collected out of all the parts thereof so the meaning of an Act of Parliament ought to be expounded by an examination of the intention of the makers thereof collected out of all the causes thes therein so that there be no repugnancy but a concordancy in all the parts thereof and therefore if a man by will devise Bacre to A. and his heirs and by another cause in the same Will he devises B acre to B. and his assignes it shall not be void in any part insomuch that if both had been placed together A. and B. should be Ioyntenants and therefore the Law will make such a construction and so if a man devise B. acre to A. and after he devises a Rent out of it to another both shall stand Brett and Rigdens case Plowden Also this Debt was due by Allen 2. It was resolved by Tanfield and Bromley that Yorke should take no advantage by the Pardon in 27. Eliz. to have his goods restored which were forfeited by the outlawry after judgement for by them all the Statute for the pardon of the outlawry after judgement was penued in such a form as it is but conditionall for it is in effect provided that the pardon shall not extend to the party outlawed after judgement untill he shall pay or agree with the party at whose suit he was outlawed and this payment ought to be in the Court or in such manner that the Court may be satisfied by the suing of a Scire facias and an acknowledgement of the party at whose suit c. for a bare payment in the Country is not sufficient But when the party outlawed hath once lawfully satisfied the party at whose suit he was outlawed then the pardon will relate ab initio to avoid all intervenient matters if the satisfaction be made in convenient time and therefore if the King had granted the goods forfeited by outlawry after judgment meane between the pardon and the suing of the Scire facias yet if the party outlawed sue this Scire facias within convenient time the pardon shall have such relation as it shall defeat the grant of the goods and therefore Tanfield compared the words in the pardon of the outlawry after judgement to the words in the Statute of 27. H. 8. of intolments for there it is provided that nothing shall passe by bargaine and Sale except the Deed be inrolled within six moneths after but if it be not inrolled otherwise it is Beckets case R. B. seised of Lands in fee 36. Eliz. levies a fine c. and

Woods case in Cook lib. 4. Tanfield chief Baron it is true that the issue should be better if it were general not guiltie of the Trespass aforesaid but yet it is good enough in this case for the special words comprehend as much as the words not guiltie of the practice and agreement aforesaid c. and the word Practizatione comprehends aswel the subsequent Acts of execution as the precedent combination and therefore Tantamounts a general issue and it was good by the Court and as to the action Altham Baron conceived that it lieth although it be for a lawful cause for the Law abhoreth fraud and conspiracy as if two conspire to vex me for my land by suit an action lieth F. N. B. yet it is lawful for every man to sue me without title and he vouched 16. Assise and here it is laid that the Defendants indeavoured to make the Plantiff forfeit his goods which are worth 5000. l. and this is reasonable that it should lie and 9. E. 2. Fitz. discents 52. is our case directly upon the matter and therefore it seemeth to me that it lies Tanfield chief Baron said that 9. E. 2. crosseth this case in part and yet he thought that the action lies to which Snig agreed and it seemed the cases of appeal put by Godfrey did lie well enough without aid of the Statute of W. 2. if there be such a conspiracy Tanfield chief Baron accordingly if it be legally thought without cause yet if without conspiracy the action lieth not for it as it appears in Owen Woods case Cook lib. 4. and in all cases where strangers have nothing to do with the suit brought for the conspiracy and yet combine with the Plantiff in the suit an action upon the case lieth for this vexation and judgement was entred for the Plantiff by the Court. An inquisition for the King was returned here and it was found that Fleet-wood the Kings debtor for his office of receiver for the Court of Wards did purchase a certain Term and interest of and in the rectory of Yeading for divers years then to come and that being so possessed he became indebted to the King and that this term is now in the hands of the Lady Edmonds and by colour of this inquisition the land is extended for the Kings debt Harris Serjeant moved that this inquisition is insufficient to extend the land but good to sell a term and he vouched Palmers case Cook lib. 4. to which the Court inclined but it was adjourned If a Bishop becomes indebted to the King for a subsidie and dieth his successors shall not be charged upon the lands of the Bishoprick but the executors of the predecessor or his heir and if they have nothing the King shall lose it as chief Baron Tanfield said which the Court granted upon the motion of Bridgman for the Bishop of Saint Davids Trallops case A Scire facias issued against Trallop the father and Trallop the son to shew cause wherefore they did not pay to the King 1000. l. for the mean profits of certain lands holden by them from his Majesty for which land judgement was given for him in this Court and the mean rates was found by inquisition which returned that the said mean profits came to 1000. l. upon which inquisition this scire facias issued whereupon the Sheriff returned Trallop the father dead and Trallop the son now appeared and pleaded that he took profits but as a servant to his father and by his commandment and rendred an accompt to his father for the said profits and also the judgement for the said land was given against his father and him for default of sufficient pleading and not for the truth of the fact and he shewed the Statute of the 33 H. 8. cap. 39. which as he pretended aided him for his equitie whereupon the King demurred Hitchcock for Trallop seemed that the Statute did aid him by equity and he moved two things the one that if here be such a debt that the Statutes intends to aid it the other if the Defendant hath shewed sufficient matter of equitie within the intent of the Act and he thought that it is such a debt as the Statute will aid for although that here be au uncertainty of the time of the judgement given for the King that being reduced to a certainty by the inquisition after it shall be within the intent of the Statute for id certum est quod certum reddi potest and the words of the Statute are if any judgement be given for any debt or duty c. and here although that there was no certainty unto how much these mean rates extended at the time of the judgement given yet it is clear that it was a duty at the time of the judgement and then it is within the Statute also he said that the words in the proviso of that Statute explain that the intent of the makers of the Act was so for the words are for any thing for which the partie is chargable and the mean rates are a thing for which he is chargable see Cook lib. 7. fo 20. and the Lord Andersons case there fo 22. as to the point of equitie there seem to be two causes First he shewed that he was but a servant to his father and had given an accompt to him Secondly the judgement was given against him upon a point of mispleading Tanfield chief Baron said that the matter in equitie ought to be sufficiently proved and here is nothing but the allegation of the partie and the demurrer of Mr. Attorney for the King and if this be in Law an admittance of the allegation and so a sufficient proof within the Statute it is to be advised upon and for that point the case is but this a scire facias issueth out of this Court to have Execution of a recognizance which within this Act ought by pretence and allegation of the Defendant to be discharged for matter in equitie and the Defendant pleads his matter of equitie and the King supposing this not to be equity within this Statute demurreth in Law whether that demurrer be a sufficient proofe of the allegation within the Statute or not and it was adjourned Trin. 7. Jac. in the Exchequer Doillie and Joiliffs case again Trin. 7. Jac. in the Exchequer CRessey for the Plantiff said that the Plea in Bar is not good because the Defendant justified by force of a Capias ad satisfaciendum and pleads no return thereof and moved that it is not justifiable without returning of the writ but the Court seemed the plea to be good notwithstanding that but if it were a mean process then it ought to be pleaded to be returned see Cook lib. 5. Hoes case fol. 19. according to this diversitie Tanfield chief Baron thought that the Plantiff shall recover for first the writ of error here is not a writ but a commission and therefore false lattin shall not abate it as it hath been

Process which I have and if you will give me my Bond I will give you 3. l. and discharge you of the said Amercement to which Oglander agreed and delivered the Bond accordingly and all this Oglander disclosed by Affidavit and further said that Sir Daniel Norton had taken his goods for the said Amercement again this not being discharged in the Office and it was said by the Court that this was a good levy of the said Amercement by Chamberlaine in the Law and therefore Sir Daniel Norton ought to be charged for it to the King as a thing levied by him and Oglander shall be discharged of any another levying and therefore c. Sawier against East SAwier against East in an Ejectione firmae for certain Mills in East Smithfield called Crush Mills a speciall Verdict was found that Queen Eliz. was seised of them in right of her Crown and the 28. of her Raign leased them to Potter for 40. years who in the 30. Eliz. dyed and Mary his Executrix entred and took to Husband one Burrell which Burrell 33. Eliz. demised parcell to Wilkinson for 20. years and dyed Mary took Hitchmore to Husband who in 44. Eliz. 2. May surrendred to the Queen and after the 2. of June 44. Eliz. the Queen reciting the first Demise made to Potter the interest of which is now come to Hitchmore and that he had surrendred to us demised the premisses to Hitchmore as well in consideration of xxx l. paid as for that that the said Hitchmore did assume upon himself to repair the said Mills at his own cost being greatly in decay and to leave them so repaired and the Iury also found that in the same Patent there was a Covenant that Hitchmore should repaire them c. for the doing thereof he had given some assurance and that the Mills were not repaired and that the Lease made to Wilkinson is now in Esse being for 20. years and that the King that now is had granted the said Mills to the Lesse of Sawier c. Walter for the Plaintif First it seemeth that this false recitall in the lease made to Hitchmore makes the lease void and the point is that the King by recitall in this Lease intends that all the interest of the former lease was surrendred whereas Wilkinson was possessed of part thereof and so it is in deceit of the Queen in matter of Profit and therefore makes the new Lease void and to prove that a false recitall in the Patent may avoid it he vouched 37. H. 6. fo 23.3 H. 7. fo 6. and 11. H. 4. fo in all which cases it is said that if the King make a Grant upon a suggestion made to him which is false this will avoid the Patent but if a true suggestion be made to the King and he himsel thereupon makes a collection or surmise this doth not avoid the Patent as the Lord Chandos case Cook L. 6. and by 21. E. 4. fo 48. By Hussey but there if the surmise of the party be false in any thing this avoids the Patent and therefore Hussey there saith that if the King recite that whereas the Mannor of D. is escheated to him and he grants it to A. where in truth it was parcell of his Autient Inheritance this doth avoid the Patent but there by him if the King recite that whereas his servant is decrepit he of his meere motion grants the Mannor of D. to him this falcity doth not avoid the Patent because the consideration is of his meere motion and by intendment the recitall is not the information of the party and then in our case the lease is not ex gratia c. and the recitall is the recitall of the party for it is of an Act done viz. of a surrender supposed to be made by the party and that upon the matter is resolved to be a cause to avoid the Patent as it is in the Lord Chandos case and so also holden by Hussey in 21. E. 4. fo 48. and 9. of E. 4. in Baggots Assises if the surmise of the party be false and valuable to the King then the falcity there avoids the patent but if it be not of a thing valuable or beneficiall to the King the falsity doth not avoid the Patent 29. E. 3. Grants 58. if the King recites that whereas the Advowson of D. is holden of A. and he licenceth A. to appropriate if in facto it be holden of the King himself the licence is not good because the King is deceived in matter of profit and so 12. Eliz. Dyer 292. and 25. E. 3. there cited where the King presents and before admision he repeals and then recites that whereas his Presentee is Canonice institutus c. and confirms it here although that the Bishop after this repeale had instituted the party yet it appears that the recitall which is void makes also the confirmation void 8. H. 7. fo 3.9 H. 6. fo 28. and 21. E. 4 if the King recite that whereas the Mannor of D. came unto him by the Attainder of A. be grants to B. and in truth this did not come by the Attainder of A. but is an inheritance of the Crown this avoids the Grant and 21. E. 4. fo 28. by Bryan if the King recite that he is indebted to A. in 20. l. and grants to him the Mannor of D. if he be not indebted to him the Grant is void and so it appears by Sir Hugh Cholmleyes case Cook lib. 2. fo 54. that if the Queen recite a thing the falsitie whereof doth prejudice her in matter of profit now the misrecitall avoids the Patent as there it was admitted that if the Queen recite that whereas A. is seised of an Acre in taile upon a condition c. and she grants the reversion to B. here if the state of A. were without a condition the grant of the reversion is void for this false recitall and according he vouched Alton Woods case Cook L. 1. and in our case it is prejudiciall to the Queen that all the interest in the former lease is not surrendred but a part thereof is in Wilkinson for the Queen intended that all this Land now leased should be immediately lyable to her rent newly reserved where in deed it cannot be so here untill the antient lease be determined whereby c. this recitall is tacitely intended part of the consideration For the second Point it seemeth that here is a falcity in the consideration expressed for the Queen leased to Hitchmore as well for 30 l. as for that that he assumed to build and sustaine so that the assumpsit to build and sustain is part of the consideration and therein the Queen is deceived and to prove that the word pro is as good as if it had been in consideration he vouched 43. Eliz. Luttrels case that the word pro implyes a consideration and here the finding of the Iury is that no other security or assurance was given to the