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	king_n	send_v	7,468	5	6.3847	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

Parliament 24 H. 8. Bastard Br. 23.39 c. 3.32 Note If a man gives Lands to one and his Heirs Males in this Case his Heirs Females shall also inherit and this was also adjudged in Parliament as Thorpe said 18 La. p. 5. Note It was written Tybinry-broke in a Writ of Cosinage and in the Habere facias Visum the Writ was Tybinry without Broke and it was demanded of the King's Council by S. H. Green and Thorpe Justices whether this word may be amended by the Statute of 14 E. 3. c. 6. which enacts that the Justices may amend a Syllable or Letter which is found too little or too much and one of the Council answer'd that it was a needless Question of them whether it may be amended for he said that it may be well amended be it a Syllable or a Letter without which the Word cannot subsist and no difference 40 E. 3.34 And so see the Justices demanded the intent of the makers of the Statute of those that were of the King's Council Note A Fifteenth is granted by Parliament and it is well known by the Exchequer Roll how much every Town in England shall pay at every Quinzim granted Br. 9. 34 H. 8. And if the Tenants pay for their Goods the Lord shall not pay towards the Fifteen out of the Rents of the Lands that they occupy and enjoy 7 H. 4.33 11 H. 4.46 A Town is charged upon a fifteen granted at the sum of 4 l. and one of the Town by the Kings Charter is discharged of the fifteen in the same Town so much as amounts to his part shall be recounted in the said 4 l. and the Town shall be charged of the rest Per Curiam 19 H. 6.63 Note A Bishop has a Mannor within which are Tenements by the Verge by Copy of Court Roll which Copy-holds time out of Mind have been taxed within the same manner to the Wages of the Knights of Parliament and a good Prescription altho the Lord come to Parliament and is charged for his Spiritual Possessions for the Dismes or Tenths among the Clergy Vide Avow Fitzh 260. 8 R. 2. according One is taxed for the Fifteenth in his Land and when he perceived that the Collector was coming to distrain for the 15th that is to say for his part that he was to pay towards the 15th he drove his Cattel out of the same Land before the Collector could take them he cannot pursue by Brian So for damage feasant 19 E. 4.10 otherwise it is for Rent-service 44 E. 3.20 At the time of a 15th granted to the King A. who lives in W. has Corn growing in C. and before the Assessment he reaps and carries it to W. it shall be lyable for the goods in W. and not in C. and in a Replevin the Issue shall be If at the time of the Assessation of the 15th the Corn were remaining in C. or at W. 21 E. 3.42 Note The Fifteenth at this day is levied by Rods of Land most commonly and in some places upon their Goods Quinz Br. 9. 34 H. 8. Note That where the Abby of Saint Edmundsbury was founded by the King's Progenitors and exempted from all Episcopal Jurisdiction so that no Ordinary could Visit there contrary to the Foundation and Ordinance aforesaid upon a difference that was between A. Bishop of Norwich and B. Abbot of Bury concerning that Exemption It was Ordained at a Parliament of William the Conquerour held such a Year by the Arch-bishop of Canterbury and all other Bishops of the Realm and by the Earls and Barons that for the time to come neither the Bishop of Norwich nor any of his Successors should act contrary to the Points of the Exemption and Foundation abovesaid and that he that shall be Bishop shall pay to the King or his Heirs thirty Talents of Gold and for that the Bishop of Norwich that now is has gone contrary to this Ordinance of the King a Contempt was issued against him and the Bishop pleaded Not Guilty and was found Guilty whereupon it was awarded That the Bishop's Temporalities shall be seized into the King's Hands and that the King shall recover the said Sum of Money 21 E. 3.60 Note Those of Ireland are bound by the Statute of England for their Goods if the Statute gives forfeiture of Goods for doing a thing contrary to the Statute but not for Land or any thing touching Land there 2 R. 3. fol. 12. And yet those of Ireland do not send any Lord Knight or Burgess to the Parliament of England for they have a Parliament of their own when the King pleaseth Vide Action upon the Statute Fitzh 1. and 11 H. 6. where Hussey Chief Justice said that the Statutes of England bind those of Ireland which was not much denied by the other Justices at that time altho the Term before some were of a contrary Opinion Vide 20 H. 6.9 That those of Ireland are not bound by the Statutes of England as if Tenths be granted by the Parliament of England those of Ireland are not bound because they are not summoned to the Parliament of England Vide Fitzh Nat. Brevium 22. Error in the Kings-Bench of Ireland reversed in the Kings-Bench of England Assis. Fitzh 328. Vide Dier 360. A Lord of Ireland shall not be tried in England for Treason done in Ireland nor by his Peers not by Jury because he is a Subject of Ireland And England and Ireland have several Seals whereby it appeareth that the Laws of England shall not bind those of Ireland for their Land Dier 303. A man has Goods in England and other Goods in Ireland and dies intestate in England and the Intestate has an Obligation of a Merchant that dwells in Ireland which Obligation was in England when he died and the Son of the Intestate obtains the Administration of the Bishop of Dublin for the Goods there and the Wife of the Intestate of the Goods in England of the Arch-Bishop of Canterbury within his Province the Son releaseth to the Obligor in Ireland and in Debt by the Wife of the Intestate who has the Obligation in her Hand This Release was pleaded and the issue taken was whether the Obligation was in England or in Ireland when the Obligee died Out of which it may be collected that the Arch-Bishop of Canterbury had to do with it and not the Bishop of Dublin Dier 305. Vide p. 16. El. Ro. 436. Lanc. A Writ of Accompt was brought by Steven Pinde by his Guardian assigned by the Court after that he was of the Age of fourteen years and before twenty one years for the profits of Land in Gavelkind received by Giles Frankling Defendant Guardian of the said Pinde Plaintiff before fourteen years and yet the Statute is Cum ad aetatem c. and this is intended one and twenty years Vide 29 E. 3.3 Accompt for Land in Gavelkind after that the Heir came to fifteen years A man has Restitution by Act of Parliament and

A Man shall not be remitted that takes an Estate by Parliament 34. H. 8. Remitter Br. 49. If the King gives Land to me that is mine already by Patent in Fee I shall not be remitted 21 E. 4.57 But if the King recites my former Right and gives it me I shall be remitted Ibidem Lib. Ass. 28. Note That the King cannot alter the Law by his Proclamation but he can make Proclamation that if any one does contrary to the Contents of the Proclamation that he shall incurr the Indignity of his Majesty But upon pain of forfeiture of his Land or Life without Parliament he cannot Vide 31 H. 8. c. 8. That it was ordain'd by Parliament that Proclamations made by the King by advice of certain of his Council named in the same Act ought to be obeyed as though they were made by Act of Parliament And after 34. H. 8. c. 23. another Statute was made concerning Offenders of the former Statute But by the 1 H. 6. c. 12. both the Statutes are repealed by which Statutes it appeareth that Proclamations shall not bind as Acts of Parliament do unless it be so ordain'd by Parliament for if so the said Statutes of H. 8. were made in vain A Statute recites that such are attainted of Treason before such Commissioners and this Attainder is confirmed if there were no such Attainder in deed the Act does not attaint them at all Com. 400. A notable Case between Robert Earl of Leicester and Sir Christopher Heydon and the recital that they were attainted shall not conclude the Party so supposed to be attainted but that by an Averrment he may avoid it see the Book By the 27 H. 8 th it was ordained that it should be Felony in a Servant to embezil the Goods of his Master and after by 1 E. 6. c. 12. all Felonies made in the time of H. 8 th are annull'd but the Felony of Embezilling c. And by the said Statute of 1 E. 6. it is shewn that the said Statute of 27 H. 8 th was held at Westminster upon divers Prorogations the 4 th of February in Anno. 27 H. 8. and there continued and kept untill the 24 th day of April next following and for that the said Branch misrecites the Act of 27 H. 8. aforesaid for that Session begun the fourth day of February 27 H. 8. and continued untill 24 th day of April then next following and then ended and not continued until 24 th day of April as the Branch makes mention by which it is Evident that the Branch of the Act that referrs to a Statute made in one Parliament that begun such a day and continued till such a day whereas the Parliament did not continue this must be void in point of time and so the Parliament may mistake a thing and by reason of this Misprision it will not Arraign a Man that shall embezil his Master's Goods after the said Act of 27 H. 8. Com. 400. If a Statute make an Act Felony and does not mention Accessories yet there shall be Accessories in the Case of the Statute and this Master Dallison Justice of the King's Bench said that it was so held by the King's Bench Court 3 4 Ph. et Mar. as Lambert Reports in his Book of the Justices of Peace Fol. 289. Vide Stamford 44. and 19 H. 6.47 according In the Case of counterfeiting the Seal or Money where the consenter or aider to it c. And yet the Statute speaks If a Man counterfeit c. which thing another did not so of Rape where one commits the Act and the other aids 11 H. 4.12 Coron Fitzh 228. Vide Parliament Br. 46. If an Act make a new Law in the Affirmative which was not at Common Law this Law implies a Negative as a Man seised in right of his Wife infe-offs a Stranger to the use of himself and his Wife she is not remitted because she is a Purchaser of the Use and she shall have the Land as to the Use wherein so much is implied as if the Statute had said Et non aliter seu alio modo Com. 113. As the Statute of Westm. 2 c. 4. grants that in a Quod. ei Deforciat if the Tennant recover and maintain the Title of that which the Demandants call Ad Warrantum ac si essent Tenants in Priori brevi there if the former Action had been such in which he could not Vouch as a Scire Facias the Demandant shall not Vouch because it is not a new Ordinance of a thing that was at Common Law which implies a Negative As if it had been said Et nullo alio modo Ibidem 113. When a Statute is made to Redress Covin or an Inconvenience which was at Common Law altho it be penal yet other Cases in the same mischief shall be taken by Equity of the Statute as the Statute of the 16 R. 2. c. 5. of Premunire enacts that if a man Sue for any thing in the Court of Rome or else-where for which he may have remedy in the Court of the King he shall lose his Land c. In this Case if a man Sue at the Court of Rome for that for which he may have remedy in the Bishops Court in England he shall be within the said Statute and yet the said Statute speaketh of the Court of Rome as appears Premunire Br. 9.9 E. 4.3 per Yelverton who said that in the King's Bench it has often been the Opinion that if a Clerk sue another in the Court of Rome for a thing Spiritual where he may have remedy in this Realm in the Court of the Ordinary that he is in the Case of the Statute The Statute de Religiosis is that a recovery by the Defendant shall be Mortmain and the Recovery by Reddition Confession or Action tried is taken by Equity by Genney which is not decided and so of Rent or Common which is neither Land nor Tenement by Lacon which is not denied 3 E. 4.14 Vide Montague in the Case of Wimbish Com. 59. That the Statute which comes to redress Covin and Fraud shall be taken by Equity altho it be not within the words of the Statute and a Statute that is for the Redressing a general Mischief may be taken by Equity by Horton Parl. Br. 13.19 The Justices ought to take notice of a general Pardon given by Parliament and allow it to the Party upon his Arraignment altho the Party do not plead it unless there be an Exception in the Pardon so given for in such Case he ought to shew that he is not one of them that is excepted 27 H. 8.7 for the former and the latter 8 E. 4.7 Charter of Pardon Br 46. The King shall not be bound by a Statute unless he be expresly named in it by Prisot and Ashton as in a Quare Impedit Altho the six Months are elapsed the King shall not be bound but shall have a Quare Impedit so if the King usurp