Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	edward_n	king_n	richard_n	4,511	5	9.3432	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33627	Certain select cases in law reported by Sir Edward Coke, Knight, late Lord Chief Justice of England ... ; translated out of a manuscript written with his own hand, never before published ; with two exact tables, the one of the cases, and the other of the principal matters therein contained.; Reports. Part 13. English	Coke, Edward, Sir, 1552-1634.	1659 (1659)	Wing C4909; ESTC R1290	92,700	80

Trees and Clay c. which he had not but as things annexed to the Land and therefore he could not have them when he had departed with his whole interest nor he could not take them either for Reparations or otherwise But when Tenant for life Leaseth for years except the Timber Trees the same remaineth yet annexed to his Freehold and he may command the Lessee to take them for necessary Reparations of the Houses And in the said case of Saunders a Iudgment is cited between Foster and Miles Plaintiffs and Spencer and Bourd Defendants That where Lessee for years assigns over his term except the Trees that Waste in such case shal be brought against the Assignee but in this case without question Waste lieth against the Tenant for life and so there is a difference c. XXVIII Mich. Term 7 Jacobi Regis In the Court of Wards Hulmes Case THe King in the right of his Dutchy of Lancaster Lord Richard Hulm seised of the Mannor of Male in the County of Lancaster holden of the King as of his Dutchy by Knights service Mesne and Robert Male seised of Lands in Male holden of the Mesn as of his said Mannor by Knights service Tenant Richard Hulm dyed after whose death 31 Hen. the eight it was found that he dyed seised of the said Menalty and that the same descended to Edward his Son and Heir within age and found the Tenure aforesaid c. And during the time that he was within age Robert Male the Tenant dyed after which in anno 35 H. 8. it was found by Office That Robert Male dyed seised of the said Tenancy peravail and that the same descended to Richard his Son and Heir within age and that the said Tenancy was holden of the King as of his said Dutchy by Knights service whereas in truth the same was holden of Edward Hulm then in Ward of the King as of his Menalty for which the King seised the Ward of the Heir of the Tenant And afterwards anno quarto Jacobi Regis that now is after the death of Richard Male who was lineal Heir of the said Robert Male by another Office it was found That the said Richard dyed seised of the said Tenancy and held the same of the King as of his Dutchy by Knights service his Heir within age whereupon Richard Hulm Cosin and Heir of the said Richard Hulm had preferred a Bill to be admitted to his Traverse of the said Office found in quarto Jacobi Regis And the Question was Whether the Office found in 35 H. 8. be any estoppel to the said Hulm to Traverse the said last Office or if that the said Hulm should be driven first to Traverse the Office of 35 H. 8. And it was objected That he ought first to Traverse the Office of 35 H. 8. as in the Case of 26 E. 3. 65. That if two Fines be levyed of Lands in ancient Demesn the Lord of whom the Land is holden ought to have a Writ of Deceit to reverse the first Fine and in that the second Fine shall not be a Bar And that the first Office shall stand as long as the same remains in force To which it was answered and resolved by the two Chief Iustices and the Chief Baron and the Court of Wards That the finding of an Office is not any estoppel for that is but an enquest of Office and the party grieved shall have a Traverse to it as it hath been confessed and therefore without question the same is no estoppel But when an Office is found falsly that Land is holden of the King by Knights service in capite or of the King himself in Socage if the Heir sueth a general Livery now it is holden in 46 E. 3. 12. by Mowbray and Persey that he shall not after add that the Land is not holden of the King but that is not any estoppel to the Heir himself who sueth the Livery and shall not conclude his Heir for so saith Mowbray himself expresly in 44 Assis pl. 35. That an Estoppel by suing of Livery shall estop onely himself the Heir during his life And in 1 H. 4. 6. b. there the case is put of express confession and suing of Livery by the issue in tayl upon a false Office and there it is holden that the Iurors upon a new Diem clausit extremum after the death of such special Heir are at large according to their conscience to finde that the Land is not holden c. for they are sworn ad veritatem dicendum and their finding is called veredictum quasi dictum veritatis which reason also shall serve when the Heir in Fee-simple sueth Livery upon a false Office and the Iurors after his death ought to finde according to the truth So it is said 33 H. 6. 7. by Laicon that if two sisters be found Heirs whereof the one is a Bastard if they joyn in a Suit of Livery she which joyneth with the Bastard in the Livery shall not alledg Bastardy in the other but there is no Book that saith that the Estoppel shall endure longer then during his life and when Livery is sued by a special Heir the force and effect of the Livery is executed and determined by his death and by that the Estoppel is expired with the death of the Heir but that is to be intended of a general Livery but a special Livery shall not conclude one But as it is expressed the words of a general Livery are When the Heir is found of full age Rex Escheatori c. Scias quod cepimus homigium I. filii haeredis B. defuncti de omnibus terris tenementis quae idem B. Pater suus tenuit de nobis in capite die quo obiit ei terras tenement illa reddidimus ideo tibi praecipimus c. And when the Heir was in Ward at his full age the Writ of Livery shall say Rex c. Quia I. filius haeres B. defuncti qui de nobis tenuit in capite aetatem suam coram te sufficienter probavit c. Ceperimus homagium ipsius I. de omnibus terris tenementis quae idem B. Pater suus tenuit de nobis in capite die quo obiit ei terras tenement illa reddidimus ideo tibi praecipimus ut supra c. Which Writ is the Suit of the Heir and therefore although that all the words of the Writ are the words of the King as all the Writs of the King are and although that the Livery be general de omnibus terris tenementis de quibus B. pater I. tenuit de nobis in capite die quo obiit without direct affirmation that any Mannor in particular is holden in capite and notwithstanding that the same is not at the prosecution of the Kings Writ and no Iudgment upon it yet because the general Livery is founded upon the Office and by the Office it was found That divers Lands or

of them to the use of himself for the term of his life and after to the use of his eldest sonne and to such a woman which he shall marry and to the heirs males of the body of the son and afterwards the father dieth and after the son taketh a wife and dieth if the wife shall take an Estate for life and the doubt was because the wife of the son was not within the Considerations and the use was limited to one who was capable scil the son and to another who was not capable and therefore the son should take an estate in tail executed But it was resolved by the said two chief Iustices and chief Baron That the Wife should take well enough and as to the first Reason they resolved That the Wife was within the consideration for the consideration was for the advancement of his posterity and without a Wife the Son cannot have posterity also when the Wife of the Son is sure of a Ioynture the same is for the advancement of the Son for thereby he shall have the better marriage And as to the second it was resolved That the Estate of the Son shall support the use to the Defendant and when the contingent happeneth the Estate of the Son shall be changed according to the limitation scil to the Son and the woman and the Heirs of the body of the Son And so it was resolved in the Kings-Bench by Popham chief Iustice and the whole Court of the Kings-Bench in the Reign of Queen Eliz. in Sheffields Case for both points XVIII Trinit 7 Jacobi Regis In the Court of Wards Sparies Case JOhn Spary seised in fee in the right of his Wife of Lands holden of the Crown by Knights service had issue by her and 22 Decemb. anno 9 Eliz. aliened to Edward Lord Stafford the Wife dyed the issue of full age the Lands continue in the hands of the Alienee or his Assigns and ten years after the death of the Father and twelve years after the death of the Mother Office is found 7 Jacobi finding all the special matter after the death of the Mother the Question was Whether the mean profits are to be answered to the King and it was resolved by the said two chief Iustices and the chief Baron That the King should not have the mean profits because that the Alienee was in by title and until Entry the Heir hath no remedy for the mean profits but that the King might seise and make Livery because that the Entry of the Heir is lawful by the Statute of 32 H. 8. XIX Trinit 7 Jacobi Regis In the Court of Wards IT was found by force of a Mandamus at Kendal in the County of VVestmerland the 21 of December 6 Jacobi Regis That George Earl of Cumberland long before his death was seised in tayl to him and to the Heirs males of his body of the Castles and Mannors of Browham Appleby c. the Remainder to Sir Ingram Clifford with divers Remainders over in tayl the Remainder to the right Heirs of Henry Earl of Cumberland Father of the said George and that the said George Earl so seised by Fine and Recovery conveyed them to the use of himself and Margaret his Wife for their lives for the Ioynture of the said Margaret and afterwards to the Heirs males of the body of George Earl of Cumberland and for want of such issue to the use of Francis now Earl of Cumberland and to the Heirs males of his body begotten and for want of such issue to the use of the right Heirs of the said George and afterwards by another Indenture conveyed the Fee-simple to Francis Earl By force of which and of the Statute of uses they were seised accordingly and afterwards 30 Octob. anno 3 Jacobi the said George Earl of Cumberland dyed without Heir male of his body lawfully begotten and further found that Margaret Countess of Cumberland that now is was alive and took the profits of the premisses from the death of the said George Earl of Cumberland until the taking of that inquisition and further found the other points of the Writ And first it was objected that here was no dying seised found by Office and therefore the Office shall be insufficient But as to that it was answerod and resolved That by this Office the King was not entitled by the common Law for then a dying seised or at first a dying the day of his death was necessary But this Office is to be maintained upon the Statute of 32 and 34 H. 8. by force of which no dying seised is requisite but rather the contrary scil If the Land be as this case is conveyed to the Wife c. And so it was resolved in Vincents case anno 23 Eliz. where all the Land holden in Capite was conveyed to the younger Son and yet the eldest Son was in Ward notwithstanding that nothing descended The second Objection was It doth not appear that the Estate of the Wife continued in her until the death of the Earl for the Husband and Wife had aliened the same to another and then no primer seisin shall be as it is agreed in Binghams case As to that it was answered and resolved That the Office was sufficient prima facie for the King because it is a thing collateral and no point of the Writ and if any such alienation be which shall not be intended then the same shall come in of the other part of the Alienee by a Monstrans de droit and the case at Bar is a stronger case because it is found that the said Countess took the profits of the premisses from the death of George the Earl until the finding of the Office XX. Trinity Term 7 Jacobi In the Court of Wards Wills Case HEnry Wills being seised of the fourth part of the Mannor of Wryland in the County of Devon holden of Queen Elizabeth in Socage-tenure in capite of the said fourth part enfeoffed Zachary Irish and others and their Heirs to the use of the said Henry for the term of his life and afterwards to the use of Thomas Wills his second son in tayl and afterwards to the use of Richard Wills his youngest son in tayl and for default of such issue to the use of the right Heirs of the said Henry and afterwards the said Henry so seised as abovesaid dyed thereof seised William Wills being his Son and Heir of full age Thomas the second son entered as into his Remainder All this matter is found by Office and the question was If the King ought to have primer seisin in this case and that Livery or Ouster le main shall be sued in this case by the Statutes of 32 and 34 H. 8. And it was resolved by the two chief Iustices and the chief Baron that not if in this case by the common Law no Livery or Ouster le main shall be sued and that was agreed by them all by the experience and course of the

Lease be made to one for the lives of J. S. and J. N. there the Freehold doth not determine by the death of one of them for the reasons and causes given in the Case of Brudnel in the fifth part of my Reports fol. 9 Which Case was affirmed to be good Law by the whole Court XXXIII Easter Term anno 8 Jacobi In the Common-Pleas Heydon and Smiths Case RIchard Heydon brought an Action of Trespass against Michael Smith and others of breaking of his Close called the Moor in Ugley in the County of Essex the 25 day of June in the fifth year of the King quendam arborem suum ad valentiam 40 s. ibidem nuper crescen succiderunt The Defendants said that the Close is and at the time of the Trespass was the Freehold of Sir John Leventhrop Knight c. and that the said Oak was a Timber Tree of the growth of thirty years and more and justifies the cutting down of the Tree by his commandment The Plaintiff replyeth and saith That the said Close and a House and 28 Acres of Land in Ugley are Copyhold and parcel of the said Mannor of Ugley c. of which Mannor Edward Leventhrop Esquire Father of the said Sir John Leventhrop was seised in Fee and granted the said House Lands and Close to the said Richard Heydon and his Heirs by the Rod at the Will of the Lord according to the custom of the said Mannor and that within the said Mannor there is such a custom Quod quilibet tenens Customar ejusdem Manerii sibi haeredibus suis ad voluntatem Domini c. a toto tempore supradicto usus fuit consuevit ad ejus libitum amputare ramos omnimodum arborum called Pollingers or Husbords super terris tenem suis Customar crescen pro ligno combustibili ad like libitum suum applicand in praedicto Messuagio comburend and also to cut down and take at their pleasure all manner of Trees called Pollengers or Husbords and all other Timber trees super ejusdem Custumariis suis crescen for the reparation of their Houses built upon the said Lands and customary Tenements and also for Ploughbote and Cartbote and that all Trees called Pollengers or Husbords and all other trees at the time of the Trespass aforesaid or hitherto growing upon the aforesaid Lands and Tenements customary of the said Richard Heydon were not sufficient nor did serve for the necessary uses aforesaid And that the said Richard Heydon from the time of the said Grant made unto him had maintained and preserved all trees c. growing upon the said Lands and Tenements to him granted And that after the death of the said Edward Leventhrop the said Mannor descended to the said Sir John Leventhorp and that at the time of the Trespass the aforesaid Messuage of the said Richard Heydon was in decay egebat necessariis reparationibus in Maremio ejusdem Vpon which the Defendant did demur in Law And this Case was oftentimes argued at the Bar and now this Term it was argued at the Bench by the Iustices And in this case these points were resolved 1. That the first part of the Custom was absurd and repugnant scil Quod quilibet tenens Customarii ejusdem Manerii habens tenens aliqua terras seu tenementa Custom c. usus fuit amputare ramos omnimodum arborum vocat Pollingers c. pro ligno combustabili c. in praedicto Messuagio comburend which ought to be in the Messuage of the Plaintiff for no other Messuage is mentioned before which is absurd and repugnant That every customary Tenant should burn his Fuel in the Plaintiffs house But that Branch of the Custom doth not extend unto this case for the last part of the custom which concerneth the cuting down of the Trees concerns the point in question and so the first part of the custom is not material It was objected That the pleading that the Messuage of the Plaintiff was in decay egebat necessariis reparationibus in maremio ejusdem was too general for the Plaintiff ought to have shewed in particular in what the Messuage was in decay as the Book is in 10 E. 4. 3. He who justifieth for Housebote c. ought to shew that the House hath cause to be repaired c. To which it was answered by Coke chief Iustice That the said Book proved the pleading in the case at Bar was certain enough scil Quod Messuagium praed egebat necessariis reparationibus in maremio without shewing the precise certainty and therewith agrees 7 H. 6. 38. and 34 H. 6. 17. 2. It was also answered and resolved That in this case without question it needs not to alledg more certainty for here the Copyholder according to the custom doth not take it but the Lord of the Mannor doth cut down the Tree and carryeth it away where the rest was not sufficient and so preventeth the Copyholder of his benefit and therefore he needeth not to shew any decay at all but onely for increasing of the damages for the Lord doth the wrong when he cutteth down the Tree which should serve for reparations when need should be 3. It was resolved That of common Right as a thing incident to the Grant the Copyholder may take Housebote Hedgbote and Plowbote upon his Copyhold Quia concesso uno conceduntur omnia sine quibus id consistere non potest Et quando aliquis aliquid concedit concedere videtur id sine quo res ipsa esse non potest and therewith agreeth 9 H. 4. Waste 59. But the same may be restrained by custom scil That the Copyholder shall not take it unless by assignment of the Lord or his Bayliff c. 4. It was resolved That the Lord cannot take all the Timber Trees but he ought to leave sufficient for the Reparation of the Customary houses and for Ploughbote c. for otherwise great Depopulation will follow scil Ruine of the Houses and decay of Tillage and Husbandry And it is to be understood That Bote being an ancient Saxon word hath two significations the one compensatio criminis as Frithbote which is as much as to say to be discharged from giving amends for the breach of the peace Manbote to be discharged of amends for the death of man And secondly in the latter signification scil for Reparation as was Bridgbote Burghbote Castlebote Parkbote c. scil Reparation of a Bridg of a Borough of a Castle of a Park c. And it is to be known that Bote and Estovers are all one Estovers are derived of this French word Estouer i. e. fovere i. e. to keep warm to cherish to sustain to defend And there are four kinds of Estovers scil ardendi arandi construendi claudendi scil Firebote Housebote Ploughbote and Hedgbote 5. It was resolved That the Copyholder shall have a general Action of Trespass against the Lord Quare clausum fregit arborem