Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	advise_v	day_n	judgement_n	2,870	5	8.1685	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84200	The exact law--giver faithfully communicating to the skilfull the firm basis and axioms of their profession. To the ignorant their antient and undoubted birthrights and inheritances. Being as a light unto all the professors of the law, as well counsellors as atturneys, clerks, soliciters, scriveners, &c. Or a manu-ductio, or a leading, as it were, by the hand, all such, both of the gentry or laity (as desire to be instructed how to gain or preserve their estates from the hands of their cruell adversaries) to the perfect knowledg of the common and statute law of this nation.		1658 (1658)	Wing E3652; Thomason E2128_1; ESTC R201913	81,570	230

Vouchee and the Demandant doth desire a Writ to cause the Jury to appear it shall be granted unto him West 2.13 Ed. 1.6 In a Writ of Mortdancester of Cosenage of Ayel nuper obiit of Intrusion and the like whereby Lands or Tenements are demanded Counterpleading of Voucher which ought to discend avert remaine or escheat by the death of any Ancestor or other wise if the Tenant Vouch to Warranty and the Demandant counterpleadeth him and will avert by Assize and by the Country or otherwise as the Court will award that the Tenantor his Ancestor whose Heir he is was the first that entred after the death of him whose seisen he demandeth the Averment of the Demandant shall be received if the Tenant will abide thereupon and if not be shall be further compelled to another answer And in a Writ of right Voucher in a Writ of right if the Tenant Vouch to Warranty and the Demandant will counterplead him and be ready to averre by the Country that he that is Vouched nor his Ancestors had never seisin of the Land or Tenement demanded Fee or service by the hands of the Tenant or his Ancestors since the time of him whose seisin the Demandant declareth untill the time that the Writ was purchased and the Plea moved whereby he might have Enfeoffed the Tenant or his Ancestors and then shall the Averrement of the Demandant be received if the Tenant will abide thereupon and if not the Tenant shall be further compelled to another answer West 1.3 E. 1.39 And whatsoever Tenant do Vouch and the Demandant will averre in form aforesaid his Averrement shall be admitted whether the party Vouched be absent or present without any respect had thereunto 20. E. 1. Stat. de vocatis ad Warantum In all Writs of Entre which make mention of degrees Voucher in Writs of Entre none shall Vouch out of the Line or in other Writs of Entre where no mention is made of degrees which Writs shall not be maintained but in cases where the other Writs of degree cannot lye nor hold place 3. E. 1.39 If percase the Tenant hath a deed that compriseth Warranty of another man which is bound in none of the cases aforesaid Warrantia chartae to Warrantie of an Elder degree his recovery shall be saved unto him by a Writ of Warrantia Chartae out of the Chancery when he will purchase it but the Plea shall not be delayed therefore West 1.3 E. 1.39 If the Tenant will Vouch to Warranty a dead man Voucher of a dead man and the Demandants will aver that the Vouchee is dead or that there is none such their Averment shall be received without more delay 14. E. 3.18 If one being impleaded in the City of London do Vouch a forrein to Warranty One impleaded in London doth Vouch a forrein the Maior and the Bayliffs shall adjourn the parties before the Justices of the Bench at a certain day and shall send their Record thither and the Justices shall cause the Warranter to be summoned before them and shall try the Warranty And the Maior and the Bayliffs shall surcease in the mean time in the matter that dependeth before them by Writ untill such time as the Warranty be determined before the Justices of the Bench And when the matter shall be determined Commandment shall be given to the Vouchee to depart into the City and to answer unto the first Plea and the Demandant at his Suit shall have a Writ from the Justices of the Bench unto the Major and Bayliffs that they shall proceed in the Plea And if the Demandant recover the Tenant shall come to the Justices of the Bench and have a Writ to the Major and Bayliffs that in case the Tenant have lost his Land they shall cause it to be extended and and return the same extent unto the Bench at a certain day and after it shall be commanded to the Sheriff of the Shire where the Warranty was Summoned that he shall cause the Tenant to have of the Lands of the Warrantor to the like value and if it fortune that the Tenant make default at the day that is assigned him in the Bench then shall there go forth a Writ from the Justices of the Bench to the Major and Bayliffs to seize the Land demanded into the Kings hands by Petite Cape and to Summon the Tenant that he be at the Hustings at a certain day whereat the Justices shall be advised to give judgement upon the same default if he cannot save it And if he can save it then the Justices shall be Certyfied thereof by their Record and by the same record they shall plead the Warranty Cloucest 6. E. 1.12 An. 9. E. 1. Articul Stat. Gloucest None being Vouched to Warranty before the K. Just in Plea of Land or Tenement shall be amerced Day given to him that is Vouched because he was not present when he was Vouched to Warranty except the first day of the coming of the same Justices But if he that is Vouched to Warranty be within the County the Sheriff shall be commanded that he shall cause him to appear with the 3d. or 4th day according to the distance of the places as the Justices in Eire have used to do And if he do remain out of the County then he shall have reasonable Summons of 15. dayes at the least according to the Justices discretion and the Common Law Marlb 52. H. 3.26 CHAP. LVI Of Warranty WArranty is in three manners that is to say Warranty is of three sorts Warranty Lineall and Warranty Collaterall and which beginneth by Disseisin Warranty Lineall is where a man seized in Fee Lineall Warranty or in tayl maketh a Feoffment by his deed to another and bindeth him and his Heirs to Warranty and hath Issue a Son and dyeth and the Warranty descendeth to his Sonne that is Lineall Warranty for that if no deed with Warranty had been made then the right of the Lands should have descended to the Son as Heir to his Father and he shall convey the dissent from the Father to the Sonne But if the Tenant in the tayle discontinue the tayle Collateral Warranty and hath issue and dyeth and the Unckle of the issue releaseth to the discontinued with Warranty c. and dyeth without issue this is a Collaterall Warranty to the Issue in the tayle for that the Warranty descendeth upon the Issue the which may not convey him to the tayle by mean of his Unckle And in every case where a man demandeth Lands in Fee-tayle by Writ of Formedon if any Ancenster of the Issue in the tayl which hath possession or which hath not possession maketh a Warranty and he that sueth a Writ of Formedon by possibility by matter that may be done might convey to him Title by force of the gift by him that made the Warranty c. That is then a Lineall Warranty and by such a Lineall Warranty

some such Tenants have an Inheritance according to the custome of that Mannor yet in very deed they are but Tenants at the will of the Lord for as some men think if the Lord will expell them and put them forth they have no remedy at all but to sue unto their Lord by way of Petition desiring him to be a good and gracious Lord unto them for if they might have any remedy by the Law then should they not be called say they Tenants at the will of the Lord after the custome of the Mannor but other men of no less Learning and prudence have been of contrary judgment as Lord Brian Chief Justice in the time of King Edward the fourth whose opinion was alwayes that if such a Tenant by the custome paying his Services be ejected and put forth by his Lord without cause reasonable Action of Trespass he may very well bring and maintain an Action of Trespass against his Lord at the Common Law as appeareth Termino Hillarij An. 21. E. 4. Also Lord Danby Chief Justice likewise was of the same judgment as appeareth Termino Mich. An. 7. E. 4. where he saith That the Tenant by the custome is as well Inheritable to have his Land after the custome as is he that hath a free-hold at the Common Law but the determination of this question I remit to my great Masters which can lose the knots and ambiguities of the Law forasmuch as yet still of this matter Causidici certant adhuc sub judice lis est Also ye shall understand that the usage of some Mannor is when the Tenant will surrender his Land to the use of another that he shall take a Wand or a Rod in his hand and deliver it to the Steward of the Court and the Steward shall deliver the same Wand in name of Seisin to him that shall take the Land and such a Tenant is called Tenant by the Verge Divers other customs there be of surrendring of Copyhold Lands which here for tediousness I will omit And forasmuch as Tenants by custome of the Mannor have by the course of the Common Law no free-hold therefore they be called Tenants of base Tenure Base Tenure Also if such a Tenant letteth to farme his Copyhold Land for longer time then a twelve moneth and a day without the Lords licence it is a forfeiture of his Land to his Lord. And know ye that if this Tenant fell any Timber that groweth upon the Land but only for the reparation of the same this is Wast and a forfeiture of his Copyhold Hitherto have I treated of the first member of our division that is to wit of Chattels for as I said all Leases for terme of years and at will be accounted in the Law but as Chattels and be comprised under that name save that these be called Chattels reals whereas Kine Oxen Chattell reall and personall Horses Money Plate Corn and such like be called Chattels personals Now we will proceed to the explanation of the second member that is to say of Freeholds CHAP. VIII Of Freeholds FReeholds or Frank-tenements a man may have in sundry wise for either he is seized for terme of his own life or for terme of another mans life if he be seized for terme of his own life either he hath gotten such estate by way of Purchase or else the Law hath intituled him thereunto I call it by purchase whether he cometh unto it by his own bargaining and procurement or by the gift of his friend and I call it by the operation of intituling of the Law when a man marrieth a woman that is an inheritrix and hath issue by her Tenure by the Courtesie and she dieth now shall he have the Lands during his life by course of the Law and shall be called Tenant by the courtesie of England Likewise if a man be seized in fee-simple or fee-taile of Lands and taketh a wife and he dieth the Law giveth unto the wise the third part of her husbands Lands for terme of life Tenant in Dower and she shall be called Tenant in Dower CHAP. IX Tenant for terme of Life TEnant for terme of Life is he that holdeth Lands or Tenements for terme of his own life or for terme of anothers life howbeit the most frequent and common manner of speaking is to call him that hath an estate for terme of his own life Tenant for life and him that hath an estate for terme of anothers life Tenant for terme dauter vie that is to say Tenant for terme of anothers life Ye shall note that like as he that maketh the Lease is called the Lessour and he to whom the Lease is made is called the Lessee so he that maketh the Feoffment is called the Feoffer and he to whom the Feoffment is made the Feoffee Also if the Tenant for terme of life or Tenant for terme of another mans life doe waste Waste the Lessour or he in the reversion shall maintain very well an Action of Waste against him and shall by the same recover trebble damages Finally Ye shall understand that by an Act of Parliament made in the 27. year of our Soveraign Lord King Henry the eight it is enacted That no Freehold nor estate of Inheritance shall pass nor take effect by reason of any bargain and sale except the same be made by writing indented sealed and enrolled in one of the Kings Majesties Courts at Westminster or else within the County where the Land doth lie before the Custos Rotulorum and two Justices of Peace and the Clerk of the Peace of the same County or two of them at least of which the said Clerk shall be one and that such enrolment be made within six moneths after the date of such writing and for the enrolment of every such writing where the Land comprised therein is not above the yearly value of Fourty shillings they shall take two shillings that is Twelve pence to the Justices and Twelve pence to the Clerk and if the Land be above the yearly value of Fourty shillings then they shall take Five shillings that is Two shillings and six pence to the Justices and Two shillings and six pence to the Clerk which shall enroll and ingross sufficiently in parchment such Deed and writing and at every years end he shall deliver the same to the Custos Rotulorum of the same County to remain in his custody among other Records of the same County so that the parties resorting thither may see them provided that this extend not to any Tenements or Hereditaments lying within any City or Town Corporate wherein the Majors Records or other Officers have authority or have lawfully used to enroll any Evidences or writings within their Precinct CHAP. X. Tenant by the Courtesie TEnant by the Courtesie of England is he that hath married a Wife inherited and hath had issue by her and she is dead in this case the Law of England permitteth and