Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	john_n	lord_n	prior_n	5,251	5	13.6273	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51217	An exact abridgement in English, of the cases reported by Sr. Francis More Kt. serjeant at law with the resolution of the points in law therein by the judges / collected by William Hughes of Grayes-Inn Esq.	Hughes, William, of Gray's Inn.; Moore, Francis, Sir, 1558-1621.	1665 (1665)	Wing M2538; ESTC R22481	260,319	322

aliened that the Donor might enter the Donee aliened and afterwards dyed without Issue If the Donor might enter or was put to his Formidon in Reverter Quaere for the Justices were divided in opinion and it was not Resolved 122. The reversion of a Lease for years was granted one moyety to one man and another moyety to another The Lessee committed Wast and then the Lease determined They brought actions of Wast in the Tenant It was the better opinion that they might well joyn in the action because they are not now to recover in the realty which is the Land Wasted but only damages but if the Term had continued it had been otherwise because then the Land was to be recovered 123. An Indenture of Bargain and Sale was Enrolled the last day of the 6. Moneths not accounting the day of the date of the Indenture for part of the 6. Moneths It was Resolved that the En●olment was good for the day of the date shall not be accounted part of the 6. Months limitted by the Statute for the date and the day of the date is all one for the date is all the day And it was said It was not like the Statute of 32 H. 8. of Leases where it is said A Lease made by Tenant in Tail shall be good for 21. years after the making of the Lease for the making may be at one hour of the day and is prefect by the delivery at that time and therefore the Lease shall begin presently And in this Case it was agreed for Law That if a man by Deed Indented Bargaines and Sells his Lands unto another and before the enrollment of the deed he Bargains and Sells to another and the last Deed is first Enrolled and after the first Indenture is Enrolled within the 6. Moneths the first Indenture is the best and shall be preferred before the latter although it was first Enrolled 124. By a Statute made 3. Ma. Cap. 4. Authority was given to Cardinal Poole to dispose order imploy and convert the Benefices appropriate to the increase and augmentation of the Living of the Incumbent He made a Lease for years of a Parsonage appropriate It was holden the Lease was void for he had authority but to the Intents specified in the Statute and he had not the Fee simple given him by any words of the Statute Quaere in whom the Free simple was if in the Queen or it was in Abeyance not Resolved 125. A Fine was Levyed in the time of King John by which the Conusor granted to the Conusee in Tail a Mannor rendring to him a pair of guilt Spurs for all services salvo sorinseco servitio Domino Regi The Mannor was holden of the Lord Stafford The Justices held it was but a Tenure in Socage for the words salvo sorinseco servitio were void to all purposes but to reserve such services by which he himself held of his Lord next paramount him and not such services which any of the Lords paramount him held over by Knights service 126. It was holden by the Justices If a man find sureties for the Peace before Justices of the Peace in the County yet if the same party come in B. R. and there make Oath that he was afraid he shall be hurt by the said party he may have surety of the Peace there against the party and a Supersedeas to the justices to discharge the bond taken before them for the Peace and behaviour 127. Note for a Rule by the Court That in every case where the Defendent once confesseth a Deed and after would avoid it by matter which makes the Deed defeisible and not void That in such Case he shall not plead Non est factum to it but show the special matter and conclude Judgment of action as if Debt be upon an Obligation against one who was within age He shall not plead Non est factum to it but shew the special matter that he was within age 128. A Lease was made to the Husband and Wife and to a 3d. person to have and hold to the Husband for 80 years if he should so long live and if he dye within the Terme the remainder of the said Term to the Wife and to the 3d. person if he should live so long It was Resolved a good Habendum and that all the Interest was in the Husband and nothing in the others till after his death But it was holden if a Lease be made to 3. of 3. acres Habendum one acre to one for 20. years of another to another for 40. years and of the 3. to the 3d. person for 60. years the limitation is void for he cannot by the Habendum divide the estate in such manner which was joynt before Gascon and Whatleys Case 129. A man seised of Lands in Fee is bound in a Recognizance and afterwards enfeoffes the Recognizee of parcel of the Lands yet the Recognizor is chargeable for the Residue of the Lands to the Executor of the Recognizee and for his body and goods but if the Recognizor dye h●s Heirs shall not be charged 130. Cessavit The Tenant said That the demandant nor his Ancestors were never seised of the services within 40. years It was holden by the Justices to be no plea because this Writ is not within the Statute of 31 H. 8. cap. 2. of Limitation and also because the seisin of the services is not materiall nor traversable in a Cessavit Mich. 5. Eliz. 131. Lessee for years Covenants for him and his assignes that he will not lop nor top the Trees during the Terme he dyes Intestate his Adminstrators lop● the Trees he is chargeable to the Covenant because he hath the Terme to the use of the Testator The Words in the Lease were Provided It shall not be Lawfull to the Lessee to top the Trees If these words are a Condition or a Restraint only no penalty ensuing upon it Quaere It was not Resolved 132. The Queen by Letters Patents ex c●rta scientia mero mot● granted to I. S. the Mannor of D. which she had by the Attainder of Sir Thomas Wyat and in truth she was seised of the Mannor by discent Resolved That the grant was void because the Queen was deceived in her grant Quaere if the same be not helped by the Statute of misrecitalls for when the substance of the thing granted appears certain the Statute helps all other defects but when the certainty of the thing granted doth not appear then perhaps it is not helped by the Statute 133. A Fine was Levyed by Husband and Wife and the Conusee rendred back the same Lands to the Husband and Wife and to the Heirs of the Wife and an Indenture was by which it was recited that the Remainder should be to the use of the Husband and Wife and to the Heirs of the Husband The Justices conceived there is not any use implyed upon a Fine no more than upon a Feoffment wherefore they conceived that the

extends to Fines ritè Levatis and that a Fine is not ritè Levatus when partes finis nihil habuerunt To all which it was Answered and Resolved That the Issue in tail is not excepted in those Statutes and therefore is bound by the very Letter of the Acts 2. Although the Issue in tail was not bound by any Fine by his Ancestors untill 4. H. 7. yet in such Case he was ousted to add Quod partes finis nihil habuerunt being privy as Heir to him who levyed the Fine first 3. That a Fine may be said ritè Levatus although partes finis nihil habuerunt and it may be ritè Levatus although it be a Fine meerly by Conclusion Elmer and Goales Case 383. In Ejectione firmae the Case was The Abbot of West was seised and let the Lands for 60. years to a Stranger the Abby was dissolved and King Henry 8. united it to the Bishoprick of London The Bishop 12. Eliz made a Lease for three Lives the Lease for 60. being in being for 16. years which Lease was confirmed by the Dean and Chapter the Lease for 60. years expired the Lessees for three Lives entred and were seised untill the Bishop entred upon them and made the Lease upon which the Action was brought The point was if the Lease for three Lives were good It was Resolved it was good and stood good because the Statute of ● Eliz. which made Bishops Leases was not pleaded and the Statute being a private Act of Parliament the Judges were not to take n●tice of it if it were not pleaded Butler and Babers Case 384. The Case was A. seised of the Mannor of Toby in Fee and A. and his wife seised of the Mannor of Hinton to them and the Heirs of their bodies the Reversion to A. in Fee Toby amounting to the value of two parts and Hinton to the third part both holden in capite A. by his Will devised the Mannor of Toby to his Wife for life upon consideration that she should not take her former Joynture in Hinton with divers remainders over the Wife in pais disclaimed and waved her Estate in Hinton and agreed to the Mannor of Toby and entred upon it and if the Devise was good for the whole Mannor of Toby or for two parts only was the Question It was Resolved in this Case by the greater part of the Justices upon argument in the Exchequer Chamber that the waving of the Joynture by the Wife made an immediate discent by Relation to the Heir and that the Devisor was not such a person having Lands as could dispose of it according to the Statute and in this Case it was agreed by the Justices That if one deviseth Land in which he hath nothing and afterwards he purchaseth the lands that the same is not a good Devise within the Statute of Wills because he is not a person having c. Priscot and Chamberlains Case 385. In a Replevin the Case was Tenant for Life the Remainder in Tail j●yned in a Lease for years afterwards he in the Remainder in the life of Tenant for life suffered a Common Recovery the Recoverers sued execution upon the Lessee for years and afterwards enfeoffed Lincoln Colledge in Oxon to whom the Son and Heir of the Tenant in Tail in the life of his Father released with Warranty the Lessee for years reentred the Tenant for Life and he in the Remainder in Tail both died the Son of the Tenant in Tail had issue who by his Bayliff distreined the Chattel of the Lessse for years as damage Feasants upon the Land and he brought a Replevin The point was if by the common Recovery o● the Release of the Issue in tail with Warranty the tail was barred It was agreed by all the Justices that the Issue in tail was not bar●d by the Recovery nor by the Warranty but whether he should avoid this Recovery in this Action being a possessarie Action or put to a rent Suit was the doubt wh●ch was not resolved The Case was adjourned Hennage and Curtes Case 386. Trespass for breaking his Close in Hainton The Defendant justified that there was a Foot way leading through the said Close from Ha●mon to the Foot-way of Horn-Castle for all persons travelling from Hainton to Horn-Castle they were at Issue upon the Prescription and because the Venire was de Hainton only whereas it ought to have bin from Hainton and Horn-Castle It was said that the Tryal was erroneous and the Judgment was reversed Bonnet Halsey and others 387. The Plaintiff was taken in Execution at the Defendants Suit by the Sheriff of B. and by an Habeas Corpus he was brought to Smithfield by the Goaler of B. and there at Eight of the Clock of night the Prisoner went into Southwark and there continued all night and the next morning he returned to Smithfield to his Keeper and there continued with him till the return of the Writ at which day he brought him to the Lord Chief Justices Chamber at Serjeants-Inn and he returned his Writ and the Chief Justice committed him to the Marshalsey It was judged it was no Escape in the Sheriff and adjudged upon an Audita Querela brought by the Plaintiff for the Defendants Wray Street and Coopers Case 388. The Prior of M. was seised of three Messuages in the Borough of Southwark and held them of the Bishop of Canterbury as of his Borough of Southwark The Priory came to King Henry 8. by surrender Afterwards the Bishop gave the Burgage to the King which Gift was confirmed by the Dean and Chapter The King anno 36. gave the said three Messuages and others to C. and D. Tenendum libero Burgagio by Fealty only and not in Capite and C. and D. gave the Messuages to W. and his Wife W. died his Wife survived King Edward 6. gave Totam Burgagiam de Southwark to the Mayor and Burgesses of London In the time of Queen Mary the Wife W. dyed by which the Messuages escheated Queen Mary gave them to one who gave them to A. who gave them to the Defendants The Mayor and Burgesses of London entred The Question was if the Tenure should be in Capite or in Burgage and if they passed to the Mayor and Burgesses by the Grant of Edw. 6. of Totam Burgagiam de Southwark It was adjudged against the Mayor and Burgesses of London because there could not be several Tenure fo● these parcels Tenendum ut de Burgo and another Tenure for the Residue of the Lands in other places which could not be holden de Burgo and also because the Patent having two intents the bes● shall be taken for the King Pasch 30. Eliz. The Queen and Bishop of Lincolns Case 389. Quare Imp. The Case was The Bish of Lincoln Patron and Ordinary collated to a Benefice in 8. Eliz. The Incumbent took another Benefice without Qualification by which the first was void The Successor Bishop 18. Eliz. presented one E. but non constat if