Selected quad for the lemma: honour_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
honour_n	earl_n	lord_n	viscount_n	2,547	5	11.7917	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93118	The touch-stone of common assurances. Or, A plain and familiar treatise, opening the learning of the common assurances or conveyances of the kingdome. By VVilliam Sheppard Esquire, sometimes of the Middle Temple.	Sheppard, William, d. 1675?	1648 (1648)	Wing S3214; Thomason E528_1; ESTC R203541	687,813	543

this sort are mad men lunatikes villaines Ideots men that have the Lethargy doting old persons that want discretion drunken men and men that are forced to it by threatning imprisonment or the like also such as are born blind may be conusors or conusees And by what names deafe and dumbe but a man that becomes so accidentally may be received and ought not to be refused Also persons attainted of felony or treason ought not to bee received to levy a fine but such persons being admitted to levy a fine the fine will be good against all Persons attaint persons but the King and the Lord of whom their lands whereof the Non san● memoriae fine is levyed are held for their times but persons waived or outlawed in personall actions onely ought not to be refused a 17 E. 3. 52. Cromp. Jur. 37. 10. E. 4. 13. Also Infants Infants ought not to be received to levy a fine and y et if an Infant be admitted to levy a fine and he doe not avoid it by writ of error during his minority as he may if it be not a fine Sur Grant Render in taile or for life the fine will be good for ever against him and all others b Perk. Sect. 19. Dyer 220. et per Just Bridgmans opinion in private And if he die during his nonage before he hath avoided it it seemes his heire can never avoid it and yet upon this point the Judges of the Common Please have been divided on a solemn argument and of this Just Dod. in 17 Iac. made a Quere c 17 E. 3. 52. 30 E. 3. 5. 27 Ass pl. 53. Perk. Sect. 19 20. Co. 7. 8. Also women that have Women covert husbands ought not to be admitted alone without their husbands to levy fines and yet if such a woman alone levy a fine of her own land she hath in fee simple and her husband doe not avoid it as he may if he will by writ of Ertor entry or otherwise during her life or after her death during his own life if he be tenant by the Curtesie this is now a good fine and will bind her and her heires for ever except she be an Infant at the time of the fine levyed and her husband happen to die during her minority for then in that Case if it be not a fine Sur Grant Render to her in taile or for life she may avoid it during her minority but if the coverture continue untill her full age in that Case she cannot avoid it except her husband joyn with her in it but the husband and wife ought to be received together to levy any fine of her land If such persons as are civilly dead as Fryars Corporations West Symb. part 2. Sect. 9. Plow 538. 575. Co. 11. 78. 1. in Magdalen College case Monkes and the like be admitted to levy a fine the fine is void But such civill bodies as have absolute estate in their possessions as Maior and Commonalty Dean and Chapter Colleges and other Societies corporate may levy fines of the lands they hold in common even by the Common Law and such fines are good but Ecclesiasticall persons as Biships Deanes Masters of Hospitals Parsons Vicars Prebends and such like are by divers Statutes restrained to levy fines of their spirituall inheritances Any person that hath capacity to take by grant or may be a grantee by deed may take by fine and be a conusee therein as any person 3 H. 6. 42. 41 E. 3. 7. 50 E. 3. 9. 24 E. 3. 62. male or female of full age or under age whether it be a Feme Covert madde person lunatike Ideot any person in prison or beyond the Sea also any person attainted of felony or treason or outlawed in any personall action a Bastard Clark convict or Alien may be conusee in a fine and a fine levyed to such persons is good d 5 H. 7. 25. 19 H. 6. 25. Dyer 188. Also Corporations spirituall and temporall may be conusees in fines and fines levyed to them are good but before the ingrossing of such fines there goeth alwaies a writ to the Justices of the Common Pleas Quod permittant ●inem illum levari But such persons as are civilly dead as Fryers Monkes and the like cannot be conusees in a fine and therefore a fine levyed to such persons is void The names of Cognisors and Cognisees in fines must bee West Simb in his Tract of Fines certainly set downe and they must for the most part bee deseribed by their right names of Baptism and Surname whether they be King Princes D●kes Marquesses Earles Vicounts Barons Lords or Knights which be names of dignity but some of these are sometimes described without their Surname as Georg ' Comes Salop. Iohannes Dux Lancastr or whether they be Esquires or Gentlemen which be names of worship and honour But these additions of names of dignity and honour given to such persons or any others as Bishops and the like are used in fines rather of curtesie then of necessity for they are not needfull in fines But in case where there bee two of one name it is safe to make some addition by way of distinction as Senior and Junior and the like If a woman living her first husband take a second husband and 7 H. 4. 22. with him and by his name knowledge a fine it seemes this is void because of this mistake but if a woman with her right husband by a wrong Christian name levy a fine she is concluded by it and cannot avoid it during her life c 1 Ass pl. 11. And yet if a fine be levyed to a man and his wife by a wrong name as to A. and Sybill his wife when her name is Isabell this is holden to be void f F. N. B. 97. a Litt. Broo. Sect. 344. But if a fine be levyed by a woman by the name of Margery when her name is Margaret or by the name of Agnes when her name is Anne it seemes this fine is a good fine The Persons or Judges before whom a fine is to be levyed are of West Simb ubi supra 2. In respect of the persons before whom it is acknowledged and the persons place before whom and where it is recorded And what persons may take conusance of fines or record them And where And how the duty of such persons therein two sorts for some are Judges onely at the time of the Cognisance and Certifieate thereof and others are Judges to whom the Cognisance is to be certifyed and before whom it is to be recorded The first sort are such as have power to take such cognisance either ex officio and by virtue of their offices or by some commission generall or speciall granted unto them by the King out of Chancery g Stat. 15. E 2. Stat. de Carlil as all or any two of the Justices

20. 41. See ch 2. Numb 6. Woman covert gifts c. of her lands or goods but another woman that hath a husbands cannot give or grant her lands or goods without her husbands consent unlesse it be in some speciall cases And albeit shee doe recite by the deed that she is sole and not covert yet this will not help And if the case be so that by agreement between her and her husband there be a certain portion of her husbands lands or goods allotted unto her to dispose of and manage at her pleasure yet she alone without her husband can make no good grant or gift of any part of these lands or goods But if she grant any thing by fine and the husband doe not avoid it during the coverture this grant will binde her after his death And if she make a gift or grant of her husbands goods it is thought this is not good untill her husband agree to it An infant cannot make any gift or grant c. that is good but in 9 H. 7. 24. 26 H. 8. 2. Perk. Sect. 12 13 14. 19. 7 H. 4. 5 See cha 2. Num. 6. speciall cases for if he maketh any grant or gift that taketh effect by the delivery of the deed onely as if he grant a rent-charge out of his land or make a feoffement with a letter of Atturney to give livery of seisin or give or sell his horse and the buyer or donee take him himselfe these are void ab initio And if the grant or gift take effect by the delivery of his own hand as if hee make a feoffment and give livery of seisin himselfe or sell a horse and deliver him with his owne hands this is voidable by the Infant himselfe or others that shall have his right c. But if an Infant grant any thing by fine this must be avoided during his minority or else it cannot be avoided at all All grants that are made by Duresse are voidable by the parties Perk. Sect. 16. themselves that make it or others that have their estates c. But Duresse if it be done by fine it is good and unavoidable All gifts grants c. made by deed in the country by those that Non sane memsrie Co. 123. 124. See cap. 2. Numb 6. are de non sane memorie are good against themselves but voidable by those that are their heires executors or have their estate But if it be by fine it is good and unavoidable A man that is borne dumbe or dumbe and deafe if he have understanding Perk. Sect. 25. may by delivery of the deed and making of signes make a good grant gift c. But a man that is borne deafe dumbe and blind cannot A Bastard may give or grant as well as any other man after he Bastord hath gotten a name by reputation Perk. Sect. 26. A Parson may grant any thing belonging to his Parsonage for Parson See Lease no longer time then for his owne life and therein likewise but during his residency albeit he have the consent of the Patron and ordinary Neither the head without the members of a Corporation nor the Corporation members without the head as Dean without the Chapter or Chapter Perk. Sect. 31 32 33. without the Deane may give or grant any of the lands belonging to their Corporation One executor or Administrator may give or sell any of the Executors goods of the deceased and this is good to bind all the rest See Execuors What Grants Ecclesiastaicall persons may make of their Ecclesiasticall lands husbands of the lands of their wives and tenants in taile of their lands intailed See in Lease The name of the persons in Grants is set downe only to distinguish Co. 6. 63. super Lit. 3. persons and to make the person intended certaine and therefore Misnaming howsoever it be best and most safe to describe the person by his true and proper name of Baptisme and also by his Sirname and if it be a Corporation by the true name whereby the Corporation is made yet mistakes in this case unlesse they be very grosse will not make void the grant Nihil facit error nominis cum de corpore constat And therefore if one that is a Bastard hath gotten a name by reputation in the place where he doth live or another man hath gotten another name by common esteeme then his owne right name or is usually called by another name then his true name in the place where he lives in these cases they may grant by this name and the grant is good And if a man be baptized by one name and after Perk. Sect. 41. Co. super Lit. 5. be confirmed by another some have said he may grant by either of these names Sed Quere And if John at Stile grant by the name Perk. Sect. 89. Co. super Lit. 3. of William at Stile this grant is good Et sic de similibus * Fitz. grant 67. Perk. Sect. 42. And these grants are good especially when there is some other addition to make it more certain as when a Duke Marquesse Earle or Bishop grant by their names of honour or dignity and grant without any name or with a false name of baptisme as when the Duke of Suffolke by the name of the Duke of Suffolke without any more words or by the name of William Duke of Suffolke when his name is John or the Bishop of Norwich grant so these are good grants because there is but one such Duke and one such Bishop within the kingdome So if a Deane and Chapter Mayor and Communalty grant by the name of their Corporation without any addition of Christian or Sirname it is good And especially then also are these Perk. Sect. 40. grants good when the true name doth appeare in some other part of the deed As when John at Stile reciteth by his deed that his name is John at Stile and by the same deed doth grant by the name of Thomas at Stile Or Alice at Stile reciting by her deed that she is a feme covert when in truth she is sole But if an ordinary man 3 H. 6 26. Perk. Sect. 38. 42. grant by his Sirname only without any name of baptisme or by his name of baptisme without any sirname at all in these and such like cases for the most part the grant will be void for incertainty unlesse there be some other matter in the deed to helpe it or some matter done ex post facto to supply it for in some cases where the thing granted doth lie in livery such a mistake or incertainty in the grant may be holpen by the livery of seisin upon the deed afterwards And so also it is in the names of Corporations for if the variance Co. 6. 65. 10. 122. 11. 19. Dier 150. Co. 10. 124. and mistake by omission or alteration be only in some