Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	know_v	lord_n	see_v	3,997	5	3.2299	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42378	Ars clericalis, the art of conveyancing explained being a collection gathered with great care and industry, out of the many books of the law : wherein the nature and effect of such deeds and instruments, by which lands are conveyed from one man to another, are clearly demonstrated : also the forms and orderly parts which ought to be observed in deeds and conveyances are laid open and explained / by R.G., Gent.	Gardiner, Robert, 17th/18th cent.	1690 (1690)	Wing G237; ESTC R7552	68,701	194

of Conveyance was first ordained by a Statute made the 23 of H. 8.1 When first of force before which Statute no Man might give Land by Will except it lay ●n some Burrough-Town where ●here was a special Custom That Men might give their Lands by Will as it is in London and many other Places The not giving of Lands by Will The Reason was thought to be a defect by the Common Law that Men in the Wars or suddenly falling Sick had not power to dispose of their Land except they would make a Feoffment levy a Fine or suffer a Recovery which lack of time would not permit And for Men to do it by those means so as they could not undo it again was thought hard besides even to the last hour of Life Mens Minds might alter upon further proof of their Children or Kindred or by encrease of Children or for Debt or for defect of Servants or Friends For lack of Wills Men used the following Device For which cause it was thought reason that the Law should permit him to reserve to the last instant the disposition of his Land and yet then also to give him a means to dispose of it how he pleased which seeing it did not Men used this Device following The Device They conveyed the full Estate in their Lands in their good Health to Friends in Trust A Feoffment in trust to Friends called properly Feoffees in Trust and then they declared by their Wills how these Friends should dispose of their Lands and if those Friends would not perform it Who were compelled to Perform it the Court of Chancery was to compel them by reason of the Trust and this Trust was called the use of the Land so as the Feoffees had the Land and the Party himself had the Use which Use was an Equity to take the Profits himself and that the Feoffees should make such Estates as he should appoint them and if he appointed none then the Use was to go to the Heir as the Estate it self of the Land should have done for the Use was to the Estate like to the Shadow following the Body But observe that by this course of putting Lands in Use there were many inconveniencies for this Use that first grew of a reasonable Cause Many Inconveniencies grew thereby as a Man knew not against whom to bring his Action The Wife defrauded Husband defrauded Lord defrauded Creditor defrauded Tenant defrauded to give Men liberty to dispose their own was turn'd to defraud many other just and reasonable Rights as namely A Man that had cause to sue for his Land knew not against whom to bring his Action nor who was Owner of it the Wife was defrauded of her Dower the Husband of being Tenant by the Courtesie the Lord of his Wardship Heriot and Escheat the Creditor of his extent for his Debt the poor Tenant of his Lease for the Rights and Duties were given from him that was Owner of the Land and another who was not the old Owner And Cestuy que use took the Profits whose Estate was not liable to Dower Debts or Forfeiture for Treason whom we call the Feoffor but Cestuy que Use he to whose use the Feoffment was made should take the Profits and have power to dispose the Land by his direction to the Feoffees and yet he was not such a Tenant nor so seized of the Land as that his Wife could have Dower or the Land be extended for his Debts or that he could forfeit it for Treason or that his Heir could be in Ward for it Cestuy que Use could not be in Ward or make Leases or any Tenure of Duty fall to the Lord by his Death or that he could make any Lease of it The Frauds partly remedied by 1 R. 3. 4 H. 7. 16 H. 8. Action against him that took the Profits Which Frauds as by Degrees of times they increased were remedied by many Statutes as namely by the Statute of 1 H. 7. 1. it was appointed that the Action might be brought against him that took the Profits Frauds yet increased which was the Cestuy que Use he to whose use the Feoffment was made which Frauds nevertheless daily multiplying in the end the Parliament of 27 H. 8. purposing to take away all the Uses Another remedy and to reduce the Laws to the ancient form of conveying Lands by publick Livery and Seisin Fine or Recovery To carry the Estate from the Friends in Trust presently to Cestuy que Use and so this device ended did ordain that when Lands were put in Trust or Use there the Possession and Estate should be presently carried out of the Friend in Trust and setled and vested in him that had the Use for such term and time as he had the Use See the Statute And by this Statute of 27 H. 8. The Remedy worse than the disease and therefore the power of disposing Lands by Will was clean taken away amongst these Friends and so this Statute did as it were dispendere justum cum impio take away what might seem reasonable by a means less reasonable Whereupon in the 32 of H. 8. 1. Wills in Writing began Another Statute was made to give Men power to give Land by Will which took away many Inconveniencies But this Statute was limited Were limited by many particulars as to be seized in Fee-simple to be wholly seized and not joyntly with restraint to Lands held in Capite by Knight-Service of the King that a third of the whole should descend to the Heir to answer Wardship Livery and Primer Seisin to the Crown Were remedied But by Statute 12. Car. 2. Cap● 4. All Wardships Tenures in Capite Livery and Primer Seisins and other Dependences were taken away and the Act 32 H. 8. cap. 6. 33 H. 8. cap. 22. repealed How the Will must be signed and subscribed And by the Statute 29 Car. 2. For prevention of Frauds declares that all devises of Lands or Tenements deviseable either by the Statute of Wills or by force of the Custom of Kent or of the Custom of any Burrough or any other particular Custom shall be in Writing signed by the Devisor or some in his presence by express directions and subscribed in his presence by three or four credible Witnesses or else to be utterly void See the Statute Devise in Writing revocable by Writing only This Clause does not say the Witnesses shall subscribe And further That no Devise in Writing shall be revocable but by some other Will or Writing declaring the same or by burning cancelling tearing or obliterating the same by the Testator himself or by his directions and consent in his presence the Writing to be signed in the presence of three or four Witnesses declaring the same See the Statute That if any Cestuy que Trust The Heir of Cestuy que Trust chargeable for Assets die leaving a Trust in