Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	acre_n	say_a	tenement_n	1,384	5	11.1591	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34128	Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616 ; together with an alphabeticall table of all the cases.	England and Wales. Court of Chancery.; Carew, George, Sir, d. 1612.; Lambarde, William, 1536-1601.	1650 (1650)	Wing C555; ESTC R22868	89,306	152

made by the Feoffees of them for founding a Chauntry and this in the 20. of H. 6. and held no superstitious use nor by the Lord Chancellor if it had been absolutely given ad divina Celebranda and for saying of Obites for most part of the Churches of England are so founded if it be granted to a Priest contra if it be granted to a particular Priest ad divina Celebranda and saying Obites c. The Case was that those Lands were after given to found a Chappell of Ease by the Feoffees and then new come in upon the first grant would have had it a concealement and got a Pattent thereof and Commissioners upon the Statute 39. Eliz. took it from the Pattentee And note that the Commissioners make the decree the Lord Chancellor heareth the exceptions against the said decree and decreed the possession according to the Commissioners decree leaving the Pattentee to exhibite his Bill against the parishioners and to shew what cause he could for reversing thereof 18. Iunii 1. Iacob George Littleton of the Inner Temple lent money upon bonds taken in other mens names and had not any in his own name among the rest he purchased five markes per annum in two other mens names with this trust that he might injoy it during his life and after it should be to the erecting of a Schoole in the Towne where the said George was born and buryed as the Feoffees declared in their answer and in his life time after the purchase he repealed his intent of converting the same to the use of the Schoole to divers others but by his will he gave certaine Acres of Land to I. C. and I. H. and then devised all the rest of his lands to his Brothers Sonne who sues Ceux que trust for converting unto him the five marke land which Justice Warberton presently decreed for him saying his will was his Declaration But in his words there was but a meaning onely exprest me contradicente for if I. C. make a Feoffement to the Use over according to Articles annexed he cannot alter the same by a later will contra if it be to the use of his Will 19 Iunii 1. Iacobi Cutting Cleark of the Outlawries bought lands of Bedwell whereof he was seized as Tenant by curtesie promising the Heire should assure at full age and by morgage assured other lands for performance thereof Cutting before full age dyeth without issue his Heire not known for some claimeth as H●ire on the Fathers side some as Heire on the Mothers side others as assignees by devise and another as Executor sued a Statute for performance of Covenants Bedwell being willing to assure brought all into the Chancery that he might incurre no prejudice till he should know to whom he should assure and ordered that he should assure to two of the six Clarks they to reassure to the Heire when he should be found 10. Octob. 1. Iacobi Nota that the Lord Chancellor Egerton in the Case of Pigot that if a power be reserved to make Leases by a Covenant without transmutation of possession the Chancery shall not help because the first is void in Law if upon transmutation of possession and the power be not precisely followed that doubtfull and rather most strong against help for then the Estate workes and the power gone and upon Wills no help causa patet antea fol. 1. and difference inter will and testament testament requires Executors will of lands 11. Octob. 1. Iacobi Young purchased lands in the name of one Mason to the use of him and his Heires dying without declaring any setled determination of this trust or confidence Dethicke a kinsman procures Mason to convey the lands to him and he conveyes it over to infants Mericke a nearer kinsman sues in Chancery as next Heire if the benefit of the trust appear to appertain to Mericke notwithstanding the conveyance to infants being decreed for them they shall hold by the decree during the minority And a proviso for the infants to assure at full age per Cook Attorney veniendo de Westm and there appearing no certain disposing thereof it was ordered that Mason should repay the money he had for making the conveyance to Dethicke and Merick to have the lands ordered for him 11. Octob. 1. Iacobi Those who are curious to have the defendants to amend their answers ordered first by the Lord Chancellor to put in sureties in Court for proof of the contents of their Bills according to the Statute 15. H. 6. or Iuramentum Calumniae were better perchance 13. Novemb. 1. Iacobi Commission to examine witnesses went out to Sir A●exander Brett and others who made certificate against Sir Alexander of partiall proceedings Philipps Serjeant moved at the Rolls for a Commission to others to examine in whom the misdemeanor was in Sir Alexander or in the certifyers fuit negatum for such collaterall certificates are not required of the Commissioners but let them certifie the matters committed to their charge and if there be misdemeanor let the party wronged thereby make affidavit thereof and then take out his Attachment 13. Novemb. 1. Iacobi A release was offered to be deposed that it had been seene by some at the Barre it being affirmed that by casuall meanes it was lost but the Lord Chancellor said the oath should be that he saw it sealed and delivered and not that he saw it after it was a deed For in Munson the Justice his Case a Deed was brought into the Chancery and a Vidimus upon it being but a counterfeit copy and after the fraud discovered and the true Deed produced therefore none allowance to be given of a Deed without producing the Deed or proving the execution thereof and here appeareth what want we have of Notaries and their Deputies 16. Novemb. 1. Iacobi The Deane and Chapter of Bristoll made sundry Leases misreciting the name of their Corporation and an intricate Case of sundry such Leases made of one thing to divers men wherein the Lord Chancellor said that it was fit to help such Leases in Chancery being for reasonable time and upon good consideration contra of long Leases without consideration of fine or good rent and that Judges might have done well at the first to have expounded the Law so with averment that they were the same parties and so was the old law till now of late especially where the mistaking rose on their part who had the keeping of the evidences the which the Leases could not see but must take a Lease by the Colledge Clark in a writ where you may have a new no harme to abate it for a misnomer and yet in that case sometimes in old times an Averment of Comer per lieu nosme ● auter where they were sued by others and not named so by themselves 23. Novemb. 1. Iacobi Haule had a Dutchy Lease gotten upon untrue surmises and the King

names come to his knowledge which formerly he had not knowledge of therefore ordered he may examine them before the examinor ad informandū conscientiam Iudicis The plaintant comming to the defendant shewed him a Writ but did delive● him neither note of the day of his appearance neither did the same appear unto him by the Sched●le labell or any other paper and the defendant appearing found no Bill It is ordered the defendant be allowed good costs and an At●achment against the plaintant for such serving Brightman plaintant Powtrell defendant Anno 19. Eliz. The plaintant called the de●endant dwelling in the County Palatine of Ch●●ter by processe to an●●er a Bill for lands lyi●g in the said County Palatine contrary to a generall order lately certified into this Court by her Majesties appointment touching the said County Palatine according to the said generall order Willoughby plaintant Brearton defendant An. 19. Eliz. The plaintants Bill is that he leassed a house to the defendant and did covenant to build and repaire it before a day which being at hand and shewed that he had prepared Timber and workmen to performe the same but the defendant as well to have him breake his Covenant as to free himselfe from his Covenant to keep it in reparations did interrupt and threaten the workemen whereby they durst not proceed to repaire and so the houses are decayed and the plaintant hath no remedy to force the defendant to suffer him to repaire the defendant demurred upon the Bill alleadging the plaintant hath sufficient remedy by Law which kind of answer this Court alloweth not therefore a Subpoena is awarded against the defendant to answer Wood plaintant Tirrell defendant Anno 19. Eliz. Where it appeared by a Booke heretofore presented to the Queenes Highnesse under the hands of Sir Iames Dyer Knight Lord chiefe Justice of the commou Pleas Mr. Justice Weston late a Justice of the same Court Mr. Justice Harpar late another Justice of the same Court and Mr. Justice Carus late a Justice of her Majesties Bench and remaining by force of her Majesties Warrant of Record in the Court of Chancery touching the Jurisdiction of the County Palatine of Chester that before the raigne of King Henry the third all Pleas of Lands and Tenements and all other causes and contracts and matters residing and growing within the said County Palatine of Chester are pleadable and ought to be pleaded and heard and judicially determined within the said County Palatine of Chester and not elsewhere out of the said County Palatine and if any be heard pleaded or judicially determined out of the same County then the same is void and coram non Iudice except it be in case of error Foraign Plea or forraigne voucher and also that no inhabitant within the said County Palatine by the Lawes liberties and usages of the same be called or compelled by any Writ or processe to appear or answer any matter or cause out of the said County Palatine for any the causes aforesaid as by the said Book among other things more at large appeareth and where now of late the plaintant hath exhibited a Bill of complaint into this Honourable Court for and concerning certaine lands and tenements lying within the said County Palatine and hath taken processe against the said defendant in that behalfe who hath thereupon appeared and by his Councell made request to this Court that for the causes aforesaid the matter here exhibited against him might be from henceforth dismissed wherefore forasmuch as William Sayler hath made oath that the said lands doe lye within the said County Palatine and that the said defendant is inhabiting and dwelling within the said County therefore the said cause is from henceforth dismissed and remitted to the Chamberlaine of Chester and other her Majesties Ministers there according to the Tenour of the same Booke Wllloughby Miles plaintant Brearton defendant An. 19. Eliz. Iearvise Wheatly made oath for the serving of a Subpoena upon the defendant to testifie on the behalfe of the plaintant at the Guildhall in London who hath not thereupon appeared therefore an Attachment is awarded against him Batt plaintant Rookes defendant An. 19. Eliz. A Bill was exhibited by the plaintant against Roger Haule supervisor of the last will of Thomas Clifton and one Roger Haule was served with processe that was no supervisor of the said Cliftons will and alleadged that the said Roger Haule who was the supervisor was dead and ordered the defendant shall put in his allegation upon oath by way of Answer and then desire Judgement whether he shall be compelled to answer the said Bill or not and therein pay his costs for his wrongfull vexation which shall be thereupon allowed to him Harrison plaintant Haule defendant An. 19. Eliz. The plaintants are adjudged to pay to the defendants 20 s. costs comming upon processe of Subpoena to testifie on their behalfe and having no charges tendered unto them nor any interrogatories put in for them to be examined upon Pearce and uxor ejus plaintants Crawthorn and White defendants Anno 19. Eliz. Lawrence Hide gentleman being called upon by processe by the plaintant to testifie informed this Court that he was ready to depose so that he might first have his costs to him allowed which this Court thought reasonable Belgra●e plaintant Edward Earle of Hertford and William Drury de●endants An. 19. Eliz. Thomas Hawtry gent was served with a Subpoena to testifie his knowledge touching the cause in variance and made oath that he hath been and yet is a Sollicitor in this suite hath received severall Fees of the defend which being informed to the Master of the Rols it is ordered that the said Thomas Haw●ry shall not be compelled to be deposed touching the same and that he shall be in no danger of any contempt touching the not executing of the said processe Berd plaintant Lovelace defendant Anno 19. Eliz. The plaintant exhibited his Bill as well in his own as in his wives name concerning a promise made by the defendants to the plaintant and his wife to make them a Lease of the Mannor of Appescourt during their lives the defendants demurre for that the plaintant ought to have a Bill of Revivor against them for that his wife is dead since the Bill exhibited which cause of demurrer this Court alloweth not for that the promise was made during the Coverture and the plaintant claimeth not the same in right of his wife therefore the defendants are ordered to answer directly to the Bill Thorne plaintant Brend Wilkinson and Alice defendants Anno 19. Eliz. Austen plaintant Vesey defendant the defendant is served with a Subpoena to testifie and for that it appeared by Affidavit that he was Sollicitor in the same cause to one of the parties he was discharged and not admitted to be examined An. 19. and 20. Eliz. Hartford plaintant Lee and Alice defendants the

defendant was served with a Subpoena at his suit got an attachment against the defendant whereupon he was apprehended and returned languidus It is ordered that the attachment be discharged by supersedeas the defendant paying 20 s. 6 d. to the Warden of the Fleet and the ordinary charges to the plaintant Brearton plaintant Ap Roberts defendant Anno 22. Eliz. It is informed that Coleston one of the defendants examined his own wife as a witnesse It is thereofore ordered the plaintant may take a Subpoena against her on his behalfe and if Colston will not suffer her to be examined on the plaintants party then her examination on the said Colstons party is suppressed Bent plaintant Allot and Colston defendants Anno 22. Eliz. Upon the hearing of the cause it appeared that the suit was to be releived of a promise made by the defendant to the plaintant to surrender a lease upon payment of 100 Markes by the plaintant unto him and for that the matter is meet for the common Law therefore dismissed Grevill plaintant Bowker defendant Anno 22. Eliz. The Court was informed by one Palmer that the three defendants are his servants and were served with Subpoena to be examined before the Town Clark of London who refused to be there examined because the matter is not depending in London but in her Majesties Bench and yet Attachment is gotten against them which kind of examination of witnesses this Court taketh to be unorderly and therefore ordered the Attachment be discharged Price plaintant Tench Holland and Packhouse defendants An. 22. Eliz. The Earle of Huntingdon Presedent of the North signified by his Letters to the Lord Chancellor that the lands for which the Bill is exhibited were ordered for the defendant by the Counsell of the North parts where the parties dwell and land lyeth and the now plaintant upon serving his Subpoena was ordered by the councell there to surcease his suit in this Court and stand to the order of the said counsell and yet the plaintant hath procured an Attachment against the defendant therefore ordered the Attachment be discharged and the matter dismissed Harrison plaintant Harrison defendant An. 22. Eliz. The defendant demurred because he is the Lord Treasurers man and therefore ought to be priviledged in her Majesties court of Exchequer which cause of demurrer the Court allowed not for that the defend can have no priviledge unlesse it were in such a case as the plaint might have remedy in the Court of Exchequer Lewin plaintant Fawdesley defendant An. 22. Eliz. The defendant made oath the plaintant shewed him a Subpoena holding it in his own hand and said it was against him but would not let him have it or see it so that he might read it neither would he deliver him any note of his appearance nor tell him the same but took witnesse that he had served the Subpoena and about an hour after came again to the defendant saying you were desirous to see the Subpoena here it is and thereupon shewed the labell to the defendant but in such sort as he could not see the returne whereupon the defendant appearing found no Bill therefore Attachment against the plaintant for misdemeanor Mead plaintant Crosse defend An. 22. Eliz. The plaint is Grandfather on the Mothers side to whom the Lands cannot come by the death of the infant exhibiteth a Bill against the Grandfather on the part of the fathers side to have the education and bringing up of one Richard Edge an infant who is seized of an Estate Taile of Lands the remainder to the defendant and to have the disposing of the profits of the Lands But ordered with the defendant for that it appeared there were divers remainders between the defendants and the infants estate Sweetman plaintant Edge defendant An 20. Eliz. Francis plaintant Sacheverill defendant The defendant is adjudged to pay to Iohn Hide 20 s. costs he appearing upon a Subpoena to testifie on his behalfe An. 22. Eliz. The plaintant purchased Lands of the defend An. 2. Eliz And had a Recognizance then acknowledged unto him for performing Covenants of the bargaine and sale and put one in trust to get both the indenture and ●ecognizance inrolled and paid him for the same and now being evicted out of the possession of the lands came to take out a scir. fac upon the Recognizance but finds it not inrolled and therefore desireth the same might now be inrolled It is ordered that a Subpoena be awarded against the defendant to shew cause why it should not and M. Solliciter who is present at the motion is to give notice to some of his Clients who have purchased as he alleadged parcell of the lands to shew cause why it shall not be inrolled Siddenham plaintant Harrison defendant An. 22. Eli. The defendants informe that the Bill is exhibited for certaine Lands parcell of the Dutchy of Lancaster and therefore ordered that for so much it shall be dismissed Price plaintant Lloyd Owen and Read defendants Anno 22. Eliz. The matter upon hearing appeared to be for a promise wherewith the defendant chargeth the plaintant and 12 d. in money accepted upon the said promise whereupon some trials or non suits have passed it is orded that for the ending of the said matter of promise that the matter be referred to the Common Law to be tryed Sutton plaintant Erington defendant An. 22. Eliz. The defendant informed he was called upon by Subpoena dated the 8. of February and by answer saith the said Iane Piers was married the 8. of February and so at that time purchasing the Writ a woman Covert therefore the defendant is dismissed with 13 s. 4 d. costs Iane Peirs plaintant Iohn Cawse defendant Anno 22. Eliz. The defendant was in possession at the time of the Bill exhibited the plaintant entered upon him the defendant desired that either he might have an Injunction for his possession or else that the cause might be dismissed which the Court thought reasonable it is ordered the plaintant shall shew cause why it should not be granted Hill plaintant Portman defendant Anno 22. Eliz. The plaintant Thomas Hilliar exhibited his Bill against the said William Kendall that the said Thomas Hilliar was seized in Fee of two Messuages 70. Acres of Pasture Furzes and Heath in Lanlivery parcell of the Queenes Majesties Dutchy of Cornewall and thereupon a prohibition against the said Will Kendall libelling in the Spirituall Court for Tithes as Farmer to the said Batten Vicar there pretending that right of Tythes for lands holden of her Majesty as of her Dutchy of Cornewall ought to be determined in this Court and also that the said Iohn Hilliar had exhibited the like Bill and procured a prohibition out of this Court against the said Batten It is ordered a Subpoena be awarded against the plaintant to shew cause why a consultation should not be granted Hilliar and Hilliar