Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	church_n	succession_n	2,569	5	10.4652	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A64839	The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the judges.	Ventris, Peyton, Sir, 1645-1691.; Guilford, Francis North, Baron, 1637-1685.; Hale, Matthew, Sir, 1609-1676.; England and Wales. Court of King's Bench.; England and Wales. Court of Common Pleas.	1696 (1696)	Wing V235; ESTC R7440	737,128	910

Since many inconveniences have faln c. by reason of Marriages within the Degrees of Marriages prohibited by Gods Laws that is to say the Son to marry the Mother or the Stepmother carnally known by his Father the Brother the Sister the Father his Sons Daughter or his Daughters Daughter or the Son to marry the Daughter of his Father procreate and born by his Stepmother or the Son to marry his Aunt being his Fathers or Mothers Sister or to marry his Uncles Wife carnally known by his Uncle or the Father to marry the Sons Wife carnally known by his Son or the Brother to marry the Brothers Wife carnally known by his Brother or any Man married and carnally knowing his Wife to marry his Wives Daughter or his Wives Sons Daughter or his Wives Daughters Daughter or his Wives Sister So these Marriages are declared to be plainly prohibited and detested by the Laws of God and not to be dispensable with by any man and therefore 't is enacted that no person shall thenceforth marry within these Degrees what pretence soever shall be made to the contrary thereof And in case any person have married within these Degrees and by any the Archbishops or Ministers of the Church of England be separate from the Bond of such Vnlawful Marriage that every such separation shall be good c. And in case there be any person thus married and be not yet separate that every such person shall be separate by the definitive Sentence and Iudgment of the Archbishops Bishops and other Ministers of the Church of England c. and by no other Power or Authority and that all Sentences and Iudgments given and to be given by any Archbishop Bishop or other Minister of the Church of England c. shall be definitively firm good and effectual to all intents and observed and obeyed without suing any Provocations Appeals Prohibitions or other Process from or to the Court of Rome to the Derogation thereof or contrary to the 24 H. 6. c. 12. 'T is very observable and perhaps it has not been observed before that the words of the Statute do not run so as commonly it seems for if the words had been by reason of marrying within or against the Prohibition of Marriage by Gods Laws there had been little question that there had been any other marriage against Gods Law in the intention of this Parliament but those reckoned up but the words are marrying within the Degrees of Marriage prohibited c. Every man apprehends that for the Son to marry the Mother is forbidden and that for the Father to marry the Daughter is within the same Degree tho' not expressed so for a Grandson to marry his Grandmother is within the same Degree of what is there forbidden So whereas the Text Leviticus 18. v. 14. forbids a man to marry his Fathers Brothers Wife for so the Text is tho' the Statute expresses it his Uncles Wife to marry the Mothers Brothers Wife is within the same Degree tho' not mentioned in Leviticus c. The Iudges did observe this only but did give no Opinion concerning Marriages within the Degrees viz. which are within the Degrees paritate rationis only and are not expressed such as Parsons and Manns and Remingtons Case in all which the Case was a man married his first Wives Neice which by Equity and Parity of Reason was perhaps within the Prohibition ver 12 13. that a man should not marry his Aunt or rather the Prohibition ver 14. that a man should not marry his Fathers Brothers Wife c. but only in one particular viz. that in the ascending and descending Parental-Line the Marriages are prohibited in infinitum but for the rest which are in pari gradu to the Degrees there mentioned they have not given any resolution at this time Now as to this Case in the second Statute there is observed this difference that the words carnally known are added where the Prohibition is in respect of a former Marriage of one of the Parties as the Son to marry the Stepmother carnally known by his Father or to marry his Uncles Wife carnally known by his Uncle c. this indeed is not particularly expressed and applied to every individual Prohibition to which 't is applicable in the first Statute but methinks 't is intended and as fully provided for tho' in general in the last Clause of the said first Statute which is this provided always That the Article in this Act contained concerning Prohibition of Marriages within the Degree aforementioned in this Act shall always be taken interpreted and expounded of such Marriages i. e. I suppose former Marriages where Marriages was solemnized and carnal knowledge was had In neither of these two Acts is there any Power given to the Temporal Courts to make any alteration as to the Canon Law or God's Law but it was referred to the Canon Law and the power of Dispensing de facto left in the same state as before And Dispensations were granted in these very particulars which the Statute says ought not to be done The Third Law which concerns this Case is the 28 H. 8. cap. 16. against Dispensations c. from Rome by which all Marriages which stood upon these Dispensations became absolutely unlawful for the Dispensations are made thereby clearly void c. and therefore there is a provisional Clause in it That yet notwithstanding at the most humble Petitions of the Lords and Commons c. all Marriages had and solemnized before the 30th of November Anno 26 of the Kings Reign c. whereof there is no Divorce or Separation had by the Ecclesiastical Laws of this Realm and which Marriages be not prohibited by God's Laws limitted and declared in the Act made in this present Parliament for the establishing the King's Succession viz. 28 H. 8. cap. 7. aforementioned or otherwise by Holy Scripture shall be c. good c. and reputed taken and adjudged c. as good c. if no impediment of Matrimony had ever been between them that have contracted and solemnized such Marriages If the Act had gone no further than these words For the Establishment of the King's Succession it had clearly brought the Cognizance of these Marriages to the Temporal Courts But 't is Objected That this Law made no such alteration because of the words which are added Or otherwise by Holy Scripture for this 't is said makes it directly of the Cognizance of the Ecclesiastical Courts so that it leaves it to them who know what is lawful or unlawful by Holy Scripture I shall forbear to Answer this until I come to the other Act where indeed the very same Exception is for the words Gods Law except in that is tantamount to these words and then I will answer both The Fourth and last Law is 32 H. 8. cap. 38. on which the Question is This is Cardo Questionis the mischief before the Statute was that the Bishop of Rome had entangled and troubled the

only shewn upon the Declaration to enable the Plaintiff to bring his Action Note This is aided by a late Act of Parliament Jay versus Bond. IN Trespass the Defendant pleads that Ante Quinden ' Sancti Martini usque ad hunc diem praed ' Jay Excommunicatus fuit adhuc existit protulit hic in Cur ' literas Testamentarias Episcopi Sarum quae notum faciunt universis quod scrutatis Registeriis invenitur contineri quod Excommunicat ' fuit c. pro contumacia in non comparendo to a Suit for Tythes c. in cujus rei Testimonium praed ' Episcopus Sigillum apposuit It was objected that such a kind of Certificate of Excommunication as this is was not allowable for it ought to be positive and under the Seal of the Ordinary whereas this is only a relation of what is found in their Register Sed non allocatur for tho' such a form of pleading would be altogether insufficient in our Law yet their course is sometimes to certifie Excommunication sub sigillo Ordinarij and sometimes per literas Testamentarias as here Hale said to plead Letters Patents without saying sub magno sigillo is naught and that because the King has divers Seals Note The entry was here quod Defendens venit dicit c. Hale doubted whether he ought not to have made some kind of defence tho' no full defence is to be made when Excommengment in the Plaintiff is pleaded Owen versus Lewyn THe Plaintiff declared in Action upon the Case upon the Custom of the Realm against a Common Carrier and also sur Trover and Conversion Hale said so he might for Not guilty answers both but if a Carrier loseth Goods committed to him a General Action of Trover doth not lye against him Termino Sancti Michaelis Anno 24 Car. II. In Banco Regis Davenant against the Bishop of Salisbury IN Covenant The Plaintiff declared that the Bishop of Salisbury the Defendants Predecessor being seized in Fee demised unto him certain Lands for 21 years reserving the antient Rent c. and Covenanted for him and his Successors to discharge all publick Taxes assessed upon the Land and that since the Defendant was made Bishop a certain Tax was assessed upon the Land by vertue of an Act of Parliament and that the Plaintiff was forced to pay it the Defendant refusing to discharge it unde Actio accrevit c. The Defendant demurred first to the form for that 't is said that the Predecessor Bishop was seized and doth not say in jure Episcopatus But Hale said the Old Books were that where it was pleaded that J. S. Episcopus was seized that it implies seizin in the right of the Bishoprick which is true if he were a Corporation capable only in his politick capacity or as an Abbot c. but in regard he might also be seized in his natural capacity the Declaration was for this Cause held to be ill The matter in Law was whether this were such a Covenant as should bind the Successor as incident to a Lease which the Bishop is empowred to make by the 32 H. 8. For 't is clear if a Bishop had made a Covenant or Warranty this had not bound the Successor at the Common Law without the consent of the Dean and Chapter and if it should be now taken that every Covenant would bind the Successor then the Statute of 1 Eliz. would be of no effect But Hale said admitting this were an antient Covenant and if so it should have been averred to have been used in former Leases to discharge ordinary payments as Pentions or Tenths granted by the Clergy then it might bind the Successor by the 32 H. 8. But it were hard to extend it to new charges And we all know how lately this way of Taxes came in But the Court said that the Declaration being insufficent for the other matter they would not determine this But they held that however this Covenant should prove it would not avoid the Lease Vid. Gee Bishop of Chicester and Freedlands Case 3 Cro. 47. Note Hale said that antiently when the Sheriff returned a Rescous upon a Man he was admitted to plead to it as to an Indictment But the course of the Court of latter times has been not to admit any Plea to it but to drive the party to his Action upon the Case as upon the return of a Devastavit c. Cole versus Levingston IN Ejectment upon a long and intricate Special Verdict the Chief Justice said never was the like in Westminster Hall these following Points were resolved by the Court and declared by Hale as the Opinion of himself and the rest of the Judges First That where one Covenants to stand seized to the use of A. and B. and the Heirs of their Bodies of part of his Land and if they die without Issue of their Bodies then that it shall remain c. and of another part of his Land to the use of C.D. and E. and the Heirs of their Bodies and if they die without Issue of their Bodies then to remain c. that here there are no cross Remainders created by Implication for there shall never be such Remainders upon construction of a Deed tho' sometimes there are in case of a Will 1 Rolls 837. Secondly As this Case is there would be no cross Remainders if it were in a Will for cross Remainders shall not rise between three unless the words do very plainly express the intent of the Devisor to be so as where black Acre is devised to A. white Acre to B. and green Acre to C. and if they die without Issue of their Bodies vel alterius eor ' then to remain there by reason of the words alterius eor ' cross Remainders shall be Dier 303. But otherwise there would not Gilbert v. Witty and others 2 Cro. 655. And in this case tho' some of the Limitations are between two there shall be no cross Remainders in them because there are others between three and the intent shall be taken to the same in all The Dean and Chapter of Durham against the Lord Archbishop of York IN a Prohibition the Archbishop pleaded a Prescription that he and his Predecessors have time out of mind been Guardians of the Spiritualties of the Bishoprick of Durham Sede vacante and Issue joyned thereupon and tried at the Bar this Term. Hale said De jure communi the Dean and Chapter were Guardians of the Spiritualties during the vacancy as to matters of Jurisdiction but for Ordination they are to call in the aid of a Neighbouring Bishop and so is Linwood But the Usage here in England is that the Archbishop is Guardian of the Spiritualties in the Suffragan Diocess and therefore it was proper here to joyn the Issue upon the Usage There was much Evidence given that antiently during the vacancy of Durham the Archbishop had exercised Jurisdiction both Sententious and other as Guardian of the Spiritualties

inherit If the Father a Natural Subject hath Issue a Son an Alien who is Naturalized the Father dies the Son shall inherit Co. Lit. 129. Touching the retrospect of a Naturalization and whether the Son being an Alien Naturalized after the death of the Father shall direct the Discent to the youngest depends upon the words of the Naturalization which being by Act of Parliament may by a strange retrospect direct it But as the Naturalization in the Case in question is Penned it would not do it the Naturalization hath only respect to what shall be hereafter The Clause of taking by Discent after the Commencement of the Session of Parliament is sufficient to check that Retrospect And this brings me to the Consideration of the Naturalization in the Case in question and the Effect thereof which I shall not Argue as a Point because I take the Point of the Case to be single But I shall deliver my Opinion of it by way of Conveyance to the Case Read the Naturalization First In this Naturalization I shall set down what Effect it hath And Secondly What Effect it hath not First What Effect it hath It doth doubtless remove that Inability and Incapacity that is in John the Earl and George in respect of themselves being Aliens and so put them in the Condition as if they had been Born in England But if there be a Consequential Impediment or Incapacity derived upon them by Robert their Fathers being an Alien which might hinder their Successions one to another which at the present I suppose or admit I say if there be any such Consequential Impediment this I take is not removed by this Naturalization My Reasons are briefly these First Because this Act of Naturalization hath a proper Subject upon which it may work and with which it is satisfied viz. the Personal defects of the Parties Naturalized because this Defect arising from the Incapacity of the Father is not in any measure taken notice of by the Act nor so much as mentioned that the Father was an Alien By the whole scope of the Act and every Clause of it and those Relative Terms As if Born in England is only to supply the Personal defect of the Parties Naturalized arising from their Birth out of England and therefore shall never be carried to a Collateral purpose Touching the Objection Tho' this Remedy will not Cure a Disease of another nature as Illegitimation Half-Blood c. yet it Cures all the defects of Foreign Births whether in the Parties themselves or resulting from the Ancestors And the Act might have been so Penned as it might have done it but it is not The Plaister is applied only to defects in the arising from their own Birth not defects arising from the Father or that Consequential disability arising thereby Second Objection But we find in Curteen's Case Placita Coronae 241. that where the Father was Attainted the Restitution in Blood granted by the Act to the Son cures that disability that results from the Fathers Attainder and this not only to the Son but also to the Collateral Heirs of the Father And I have before observed the Corruption of the Blood by Attainder is only of the Blood of the Father for the Son's Blood was not at all Corrupted By this Act of Restitution 1. Notice is taken of the Father's Attainder 2. It doth Intentionally provide against it and it was the only business of that Act to remove it 3. Had it not removed that Corruption of Blood it had been useless for there had been nothing else for it to provide against and so the Restitution had been idle had it not had that Effect But in our Case the Naturalization as it takes no notice of the defect in the Father nor provides against it so it hath another business to satisfie it doth remedy the Foreign Birth of the Son And let us examine the several Clauses in this Act of Naturalization we shall find the whole scope of it was no other than to put them in the same and no better Condition than as if they were Born in England This is the Governing Clause both in the first and last Sentence and hath an influence upon all the Clauses that intervene It hath been endeavoured to break the Context and to make the Clause As if Born in England to be cumulative and superabundant But this were by a Nicety to alter the scope and intent of the Act. If it were omitted yet the first Clause making him but a Natural Born Subject to all intents and purposes surely makes him no more and meddles not with the disability of his Father or the Consequence thereof There hath been some stress laid upon the Clause which enables him to make his resort and Pedigree to Ancestors Lineal or Collateral as if that should Entitle George at least to some more advantage by Naturalization than if he had been Born here But to this I say First That is a General Clause and cannot make a Legal Ancestor Secondly Vpon the same Reason it may make John or George inheritable to Patrick and not adjudge the disability of Nicholas his Father which no man pretends It makes him as much inheritable to Ancestors Lineal as well as Collateral and yet it makes no Ancestors Lineal The Words are General and create no new Ancestor that the Law doth not enable It is true that in the Argument of Godfrey and Dixon's Case especially Mountague laid some stress upon these Ancillary Clauses but the rest rather rested upon the very Matter that the party Naturalized was become thereby a Natural born Subject And thus I have done with the Naturalization which doth not Cure any disability of Transmission Hereditary between the Brothers resulting from the disability of the Father if any such be But it doth cure the Personal disability in John and George and makes them to all intents as Natural Subjects as if they had been born in England So that now the Case made is no more than this An Alien hath Issue two Sons born in England and one purchaseth Lands and dies without Issue whether the other shall inherit For as I have before observed the Case of John the Son of George is all one with the Case of George himself whom he represents as to the Point of the Discent from John the Earl Before I come to the Argument of the Question the Verdict had need be delivered from a Question which possibly would make an end of the Dispute It hath been said that if the Wife of Robert were an English Woman there would be no question but the Land might discend between the Brothers John and George tho' Robert the Father were an Alien and that it shall be so intended because nothing appears to the contrary To this I say It is true that if the Mother were an English Woman the Discent from John to George his Son would be unquestionable For notwithstanding the Incapacity of Robert the Father by being an

are few that she goes to but lye desperately ill or dye under her hands Action good 21 Thou art a thievish Rogue and didst steal Plate from Wadham Colledge in Oxford The Words spoke in London where to be tryed 22 263 He is a Forsworn Justice and not fit to be a Justice of Peace if I did see him I would tell him so to his Face Action good 50 You are a Pimp and a Bawd and fetch young Gentlewomen to young Gentlemen 53 Of an Attorney That he could not Read a Declaration 98 He hath broke 2 or 3 of his Fathers Ribs of which he shortly after dyed and I will complain to a Justice of him he may be hangd for the Murder tho it were done 20 years since Action good 117 Of a Woollen Draper You are a Cheating Fellow and keep a false Book Action lies 117 He hath Forged his Vncle Row's Will 149 He had pickt his Pocket against his will and was a Pick pocket Not Actionable 213 Of a Justice of Peace He is not worth a groat and is gone to the Dogs Not Actionable 258 He is a false cheating Knave and keeps a false Debt Book with which he cheats the Country Actionable 263 For charging the Plaintiff with Felony generally Good 264 Of an under Carrier of Post Letters He hath broken up Letters and taken out Bills of Exchange Not lies 275 The Defendant said to the Plaintiff I know my self and I know you I never buggerd a Mare The words Actionable 276 He would have given D. Money to have Robbed G's House and he did Rob it 323 Administration By the Civil Law Administration ought to be committed to the Residuary Legatee whether Assets or not Assets 218 To which the Court of K. B. strongly inclined 219 316 Admiralty May punish one that resists the Process of their Court and may Fine and Imprison for a Contempt in the face of their Court but not give the Party Damages 1 Where Sentence is obtained in a Foreign Admiralty one may Libel for Execution thereof here thô the matter were not originally determinable in our Admiralty yet if the Contract were made on Land beyond Seas Prohibition lies 32 Its Jurisdiction in seizing Ships 173 It hath Jurisdiction of Ships taken by Pirates but not if taken by Enemies 308 Hath Jurisdiction for Mariners Wages 343 Age. Bond Conditioned that the Son and the Daughter of J. S. shall at their full Age give Releases this must be taken at their respective Ages 58 Alien Of his Capacity and Incapacity 417 Amendment The Court having Power over their own Entries and Judgments can amend defaults of Clerks after Judgment thô in an other Term 132 Mistake of the name in a Judgment in Ireland amendable here 217 No Amendment of a Return after the Filing 336 Apprentice See Statutes Whether the Quarter Sessions can discharge an Indenture of Apprenticeship 174 Appurtenant See Reputation A thing Appurtenant may be by Grant but a thing Appendant must be by Prescription 407 Connisance of Pleas may be created by the King 's Grant as he pleases either in Gross or as Appurtenant ibid. Arbitrament Award What Pleas good in Arbitrament and what not 50 71 87 184 Arrest Where the Bayliff may break a House upon an Arrest 306 Assault and Battery In an Action for both the Defendant may be found Guilty of the Assault but not of the Battery and here no more Costs than Damages 256 Assets Bonds and Specialties no Assets till the Mony be paid 96 Assignment Assignment where the Assignor keeps Possession Fraudulent and such Fraud may be avered 329 331 The word Assignees includes Assignees in Law as well as Fact 340 Assumpsit See Pleading Whether a Stranger to the Consideration may bring the Action 6 7 318 332 Good cause of Demurrer in Assumpsit where the Consideration carries nothing of trouble or prejudice to the Plaintiff or benefit to the Defendant 9 A mistake in the time relating to a Promise good after a Verdict 14 see also 119 Whether multum gratissimum servitium and multa Beneficia be sufficient Considerations in an Assumpsit 27. So for opere labore Servitio 44 Infant may make a Consideration whereon to ground an Assumpsit 51 The Breach must be laid as the Promise is 64 Forbearance of Suit where a good Consideration whereon to ground an Assumpsit 120 152 154 159 Claim without proof where good to ground a Consideration in an Assumpsit 211 Of Reciprocal Promises 177 214 Assumpsits in Consideration of Marriage 262 268 One Excommunicated for not paying in a Church Rate a Promise to pay in Consideration of Absolution Good 297 In Consideration of delivering Goods to a third person Good 311 Attorney See Mandamus Attorneys at large have the same priviledge with Clerks of the Court 1 Whether an Attorney in the Courts at Westminster may practise in Inferiour Courts 11 Attorneys shall be discharged of the Service of the Common Wealth à fortiori of any private Service as Constable Collector of Rents c. 16 29 Committed for Suing out a Bill of Middlesex against a Countess 295 An Attorney or Clerk of Court shall not have Priviledge if Sued joyntly with others 299 Averment See Pleading Assignment Obligation Where necessary and where not 41 43 44 117 149 177 178 B. Bail THe Action shall not be said to be depending until the Bail is Filed and not from the first day of the Term 135 Condition of the Bail Bond ought to agree with the Writ or else be void 233 234 Whether the Principal and Bail may be both taken in Execution 315 Bankrupt A Tradesman given over Trading may be a Bankrupt in respect of Debts contracted before 5 What makes a Man a Trader so as to make him a Bankrupt 29 166 A Man has Judgment in Debt and then becomes Bankrupt who shall have Execution 193 Victuallers for the Fleet not Traders within the Statute of Bankrupts tho' they Victual Merchantmen with the Surplus 170 The Commissioners Authority as to Commitments 323 Where a Debt paid by a Bankrupt to his Creditors shall be refunded 370 371 Baron and Feme See Statutes In Trover that they ad usum proprium converterunt c. Not good 12 24 33 Indebitatus Assump lies against the Husband for Apparel sold to the Wife 42 How to be Bailed when Arrested 49 Baron and Feme taken in Execution the Husband Escapes the Escape of the Husband is the Escape of the Wife and she shall be discharged 51 Battery brought against both and found only against the Feme Good 93 In a Suit the Baron makes an Attorney for both except the Feme be under Age 185. For then she is to be admitted by Guardian ibid. Where the Husband cannot release without the Wife 209 Battery brought by B. and F. for beating them both how far good 328 Bishop See Pleadings Of Common Right the Dean and Chapter are Guardians of the Spiritualties during the Vacancy of a Bishoprick but the

Usage in England is that the Archbishop is Guardian of the Spiritualties in the Suffragan Diocess 225 234 Blasphemy Blasphemous Words not only an Offence to God and Religion but a Crime against the Laws State and Government and Christianity is parcel of the Laws of England 293 Bond. See Obligation What Bond a Gaoler may not take of his Prisoner 237 The Condition of a Bond or Covenant may in part be against the Common Law and stand good in the other part ibid. C. Certiorari PRisoners cannot be removed by Certiorari from a Country Gaol till the Indictment be found below 63 Lies to remove an Indictment of Manslaughter out of Wales to be Tryed in the next English County 93 So of Murder 146 Challenge What is good Cause and where Cause shall be shewn 309 Where the Kings Council shall shew Cause ibid Chancery Tryals directed out of Chancery the Course 66 Answer in a Court of Equity Evidence at Law against the Defendant 212 Churchwardens Bring Account against their Predecessor for a Bell whether it shall be said to be de bonis Ecclesiae or de bonis Parochianorum 89 Whether they may refuse to take the Oath to present and how to proceed 114. 127 General VVords to present Offenders do not extend to the Church-warden himself but relate only to the rest of the Parish 127 May make Rates themselves if the Parishioners are Summoned and refuse to meet 367 Common See Pasture Where Common is claimed for Beasts Levant and Couchant on certain Land no other Beasts ought to be put on the Common but those of the Tenant of the Land to which it is appendant or those which he takes to compester his Land 18 A Man cannot prescribe for Common by a Prescripeion that is unreasonable 21 Common apurtenent for Beasts Levant and Couchant how pleaded 54 Common in another Mans Soyl how to be claimed 383 A Commoner cannot prescribe to exclude his Lord 394 The Comencement of Commons 395 In a Title of Common for Beasts Levant and Couchant the Levancy and Couchancy is not Traversable 385. Nor material among Commoners 397 Condition What Words make a Condition what a Limitation and what Conditional Limitation 202 203 Conspiracy If one be acquitted in an Action of Conspiracy the other cannot be guilty but where one is found guilty and the other comes not in upon Process or Dyes yet Judgment shall be against the other 238 Indictment lies for Conspiring to charge with a Bastard Child and thereby also to bring him to disgrace 305 Constable See Attorney Tenant in Antient Demesne not excused from serving Constable 344 Contingency See Grant Remainder Conveyance Contingent Estates what and how destroyed 215 334 Whether a Descent in Tayl prevents a Contingent Remainder 306 Contract A Verbal Contract cannot create a Penalty to oblige the Heir 76 Conveyance The Modern VVays of Conveyancing to prevent the disappointing Contingent Estates 189 VVhere a Conveyance is good before Inrolment and where not 360 Difference between a Conveyance at Common Law and a Conveyance to Uses 373 378 Copyhold See Pasture Admittance of Tenant for years is an Admittance of him in the Remainder 260 VVether Copyholder for Life in Reversion after an Estate for Life in being can Surrender to a Lord Disseizor 359 Coroner VVhere a Melius Inquirendum shall be granted after a Coroners Inquisition super visum Corporis 182 A Coroners Inquisition that finds a person Felo de se non Compos may be Traversed 278. And quasht 352 Corporation VVhat they can do without a Deed and what not 47 48 Costs See Assault and Battery Treble Costs in an Action on the Stat. 8 H. 6. of Forcible Entry 22 Costs where payable in a VVrit of Error 88 VVhere payable by an Executor 92. and Administrator 110 116 If an Executor be sued and the Plaintiff Non-suit he shall have Costs but an Executor Plaintiff shall pay no Costs upon a Non-suit 94 Costs and Damages not to be given in an Action Popular 133 Costs de Incremento 337 362 Covenant VVhat Collateral matters shall be implied upon a Covenant 26 44 45 Thô a Covenant be made only to a Man his Heirs and Assigns yet if a Breach be in his Life time his Executors may bring the Action for Damages 176 VVhere a Covenant shall bind notwithstanding a subsequent Act of Parliament 175 176 Covenant with an Intended VVife whether discharged by subsequent Marriage 344 Courts See Jurisdiction Inferiour Courts cannot make a Continuance ad Proximam Curiam but always to a Day certain 181 Customs See Prescription To maintain a Common Key for the unlading of Goods and therefore every Vessel passing by the said Key to pay a certain Sum a void Custom as to those Vessels which did not unlade at the said Key 71 A Custom that Lands shall descend always to the Heirs Males tho' of the Collateral Line Good 88 D. Damages See Costs NOne but the Courts at Westminster can increase Damages upon View 353 Date See Lease Demurrer The old way of Demurring at the the Bar 240 Devastavit See Executor Return Devise Whether a Termor may Devise in Remainder and limit a Possibility upon a Possibility 79 To Dr. V. during his Exile from his Country what Estate passes 325 Divers parcels of Lands being devised whether these words the said Lands pass all the parcels or only the last mentioned 368 A Devise of Lands to two equally to be divided makes them Tenents in Common 376 Discents The various Kinds of Discents or Hereditary Successions and the Rules whereby they are to be governed 414 The Discent from a Brother to a Brother thô it be a Collateral Discent yet it is an immediate Discent 423. And therefore two Brothers Born in England shall Inherit one the other tho' the Father be an Alien 429. Secus in Cases of Attainder 416 417 If the Son purchase and have no Kindred on his Fathers side but an Alien his Estate shall discend to the Heir on the part of his Mother 426 Distress Whether in Distress for Rent Horses may be severed from a Cart 36 An Information lies not against a Landlord for taking excessive Distress of his Tenents 104 Hindring the Carrying off a Distress a provocation to make killing no more than Homicide 216 Dower The regular proceedings therein 60 Whether a Suit for Dower may be commenced by Plaint in an Inferiour Court without special Custom 267 E. Ecclesiastical Persons PRivilidges from Offices 105 Death of a Parson c. doth not make such a Non-residence as shall avoid a Lease 245 What Leases they may make and what not 245 246 Clergy Men are liable to all publick charges imposed by Act of Parliament in particular for reparation of the Highways 273 Of the Induction of Clerks by whom to be made 309 319 Election Where a thing depends upon Election what course is to be observed 271 Entry Where in Ejectment actual Entry is necessary 332 Error See Executors To reverse a Judgment