Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	king_n	life_n	time_n	6,711	5	3.3816	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49814	A Discourse of fines shewing by what easie, althought corrupt and unlawful, method of practice it may happen, that any person or his heirs in England, at one time or other, to be legally defrauded and disinherited by abuses in fines ... / by T. L.	T. L., of Lincolns-Inn, Esq.	1670 (1670)	Wing L73; ESTC R5079	9,953	13

any matter of Record in another persons name the said person not being party or privy thereunto that it shall be Felony in such person But if as in the cases beforementioned one person should acknowledge a Fine in another persons name and this person as should so acknowledge the same should be convicted thereof according to the Statute yet such Fines shall stand good because it is a Record of a high nature and will admit of no Averment against it self Where Lands were demised to one Bushley in tail remainder over Bushley proved an Ideot and deformed Creature Tempore Jac. Bushleys case in Common Pleas. one Nicols and others doth get him into their custody and carries him to a place unknown and there kept him in secret until he had acknowledged a Fine to one Bothom before Justice Southcot to the use of the said Bothom which business being examined by my Lord Dyer and the rest of the Justices of the Court of Common Pleas they declared this Fine to be good and not reversable notwithstanding the practices and Ideocy but declared that the Judge that took the same was not worthy to sit to take another which Case was as I have heard examined in the Star-chamber and the parties judged to pay fine to the King and imprisoned until recompence But what was done to the Judge I know not there are several presidents where Judges Commissioners and other Offenders have been fined where there hath been any apparent neglect or contrivance proved against them Butcher having married a Wife who had 20 l per annum Inheritance and an Infant of nineteen years of age Butchers case tempore Iacobi in Star-chamber gets a Dedimus Potestatem directed to two Gentlemen who examined her and took her to be of age so as the Caption was returned and the Fine become a Fine of Record his Wife not long after dyed without inspection her Heir brings his Bill of Complaint in the Star-chamber against Butcher and his Commissioners and there proves that Butcher knew her to be an Infant and did notwithstanding practice the procuring of this Fine in deceit of the Court The sentence was That he should make Fine to the King and recovery by Fine or otherways to his Wives Heir or pay 400 l which was the value of the Land but the Fine could not be avoided One Carrel marries Johan Heir of Waincomb an Infant about nineteen who by Dedimus Potestatem acknowledged a Fine of her Lands and dyes without inspection Waincomb and Carrels case tempore Eliz. in Star-chamber 18 Rep. The uses of which Fine being to the said Carrel for his life and after his decease to her Heirs Waincomb Heir of Johan brings his Bill in the Star-chamber where the business being examined and it not appearing that Carrel knew his Wife to be an Infant nor any practice or neglect in him or the Commissioners and the settlement to be but reasonable being but for life which he would have had in case he had a Child as Tenant by Courtesie and the Estate being not fully taken out of her blood the Court gave no sentence therein Note That the laudable Custom of Tenancy by the Courtesie is allowable no where but in England the next Heir in all other places entring immediately This Parliament hath been pleased to examine the undue procuring a Fine levyed by Sir Edward Powell Knight and Baronet and his Wife the same being procured by fraud on his Wife which Fine was by them made void which could not have been otherways done The relief of Heirs and other persons prejudiced by Fines deceitfully levyed in the Common Pleas in the Star-chamber and their sentences for such misdemeanors was a terror which prevented many attempts which possibly would have been practised on Fines and Recoveries in case that had not been The want of which Star-chamber to punish and rectifie such abuses in Fines is at this day the daily ruine of many a Family for how easie is it to get qualified Commissioners in this corrupt age to return the Caption of Fine of an Infant of five years of age or of a person they never saw nor examined by which means they may do and dispose of any Estate as they please And if such Infant shall dye and not reverse the same it shall bind him and his Heirs And how easie is it to get one person to represent another to Commissioners and they to return the Caption and this person to go beyond Sea and 't is possible may never be discovered being an easier way to get money then on the High-way the one way of getting money being as just and reasonable as the other And how many persons may by this means get his Wives Inheritance or Joynture from her and when she shall examine the business there must be admitted no averment against a Record How reasonable the Law is in Cases of smaller concerns where men are not concluded by a presumption of solemnity so easily avoided by corrupt persons IF any Infant bind himself in any Bond or Deed or alien any Lands Goods or Chattels he may avoid the same at any time whatsoever Coke sur Litt. Sect. 259. either by Plea or Writ or his Heir may avoid the same Infancy being a good Plea in bar to all Actions except for necessaries as Diet Clothes c. If any Ideot or Non compos mentis make any Feoffment Gift Lease or Release c. it may be avoided during his life by Office at the Kings Suit which shall have relation from the time of his Nativity to avoid all acts done by him and after his death the King shall deliver his Lands to the right Heirs Fitz-Herbert in his Natura Brevium says Berverlys case 4 Rep. he may avoid such act done by himself either by Plea or Writ and that his Heir may avoid the same by Entry Plea or Writ is the opinion of all the Books If one person doth represent another and borrows money and gives Bond or any other assurance in any others name he may avoid the same by pleading Nonest factum or such like Plea and so puts the other to prove that he was the person that borrowed the same or his Heirs Executors or Administrators may have the same Plea If any person be imprisoned or forced to enter into Bond or promise or any other assurance of the like nature he hath his Plea per Minas or per Dures which is a Bar in any such case But if any of these abuses happen in the levying a Fine none of these just Pleas can be admitted for the reason before mentioned it being a Record of a high nature and will admit of no Averment against it self and presumed to be done with such solemnity as aforesaid Whereas persons that practice such deceits do for the purpose get a Dedimus Potestatem directed either to such that contrive their designs or ignorant persons or such as they are sure will take