Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	action_n	defendant_n	plaintiff_n	1,723	5	10.0998	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A15832	A treatise conteining divers benefits and priuiledges, and the power and authoritie granted to the patentee, who hath his Maiesties licence or grant of charter warren vnder the great seale of England Collected out of diuers of the lawes and statutes of this kingdome, and viewed and allowed by Sir Henry Yelverton knight, his Maiesties Atturney Generall, for all those who take the graunt. To be deliuered to them at the office thereof, kept at the house of Sir Henry Breton knight, one of the commisioners for making of the said graunts, in Drury Lane.	Yelverton, Henry, Sir, 1566-1629.	1617 (1617)	STC 26093; ESTC S102800	8,100	16

royal fowle and all those the propertie whereof is not knowne belong to the King by his prerogatiue so are _____ and Sturgions royall fish and belong to the King by prerogatiue but a Subiect may haue a propertie in Swans marked with vse vpon his priuate wasts and a Subiect may prescribe to haue a game of Swans within his Manor aswell as a Warren or Parke And it is resolued that in some things which are wilde by nature a man hath right of propertie and in some of them he hath a right of priuiledge and that there are three maners of rights of properties to wit propertie absolute propertie qualified and propertie possessory propertie absolute a man hath not in any thing which is wilde by nature but in those onely which are tame by nature propertie qualified and possessorie a man may haue in things which are wilde by nature and may atteine thereunto two waies by industry and by reason of their disabilitie and of the place by industry as by taking of them and making them tame but in those a man hath but a qualified propertie so long as they remaine tame for if they get their former libertie haue not animum reuertendi the property is lost by reason of impotency and of the place As where a man hath young Hernshawes Goshawkes or the like which are by nature wilde and do Eyre in his ground there hee hath a possessory property in them for in that case the owner shall haue Trespasse for breaking his Wood and taking away his Hawkes c. of such a price But when a man hath wilde beasts ratione priuilegij which growes by the Kings graunt or prescription as by reason of a Manor Parke c. he hath no property in the Deere Conies Phesants or Partridges without the Kings graunt For in a Trespasse hee shall declare for entring into his Parke Warren c. and so many Deere Conies Hares Phesants Partridges c. and shall not stay him for he hath no propertie in them but they belong to him ratione priuilegij for his game and pleasure so long as they remaine in the place priuiledged and the heires shal haue them and not the Executors By this it appeares that if a man haue none of these properties in any wilde beasts by nature he cannot maintaine Action for taking them away and so is the Booke expresly For a man cannot prescribe to haue all Phesants and Partridges building breeding and vsing within his Manors but must prescribe or plead that hee hath a Free VVarren of them within his Manors A man may haue a Warren in another mans ground by prescription Stathamtith Warrē 43. E. 3 but not by graunt from the King in another mans ground the King cannot graunt a VVarren to one but in his owne demesne lands If any take a Partridge out of my VVarren my Writ shall be Quod cepit leporarios perdices Cuniculos c. and of all other beasts of the VVarren And if the Trespassor be found guiltie of any one of them I shall haue damage for euery one of them Pari ratione for Conies and Deere If a man be condemned for hunting in a VVarren 15. H. 7. 16. the Fine shall be greater then in a Trespasse If a Trespasse be brought against one for entring into his warren and for taking his Conies 10. H. 6. 16. if the plaintiffe haue no VVarren by the Kings grant or prescript Bro●●● action for ●●st 48. temps E. 2. the defendant shall not be found culpable It was agreed that a man may inclose his land but hee ought not to make any Parke therein for the keeping of any wilde beasts without the Kings licence for if he doe it shall be seised into the Kings hands Rastall s●t M●●…tmaine St. 27. E. 1. De l●be●tatibus perq●rendis By this Statute it was ordeined that such as would purchase new Parkes should haue VVrits out of the Chauncery to inquire vpon the points accustomed in such things and that the Inquests of lands or tenements that be worth yerely more then xx shillings by extent be returned into the Exchequer C. fo 310. there they to make fine for the hauing of the Parke if the Inquest doe passe for him that purchased them and from thence it shall bee certified vnto the Chauncellor or his Leiftenant And that he took a reasonable fine therefore according to the quantity of the thing and after to deliuer them in like maner be it done of them that purchase and holde in chiefe And if any will purchase any VVarren or other libertie they shall be sent into the Exchequer and there shall make their fines and from thence shall be sent to the Chancellour for that they ought to doe therein 10. H. 7. 30. An Action of Account will lie for the Deere and profits of the Parke and no man hath interest to take any Deere in a Parke but the owner And Gardian in Soccage shall render an account of the Deere and in St. de magna charta Gardians shal vphold and maintaine Parks and VVarrens shal render them to the heire when he comes to full age full stored at least in such wise as hee found them which is intended aswell of the game as the inclosure And before the Statute of Westminster the first an Action of Trespasse would lie for taking of Deere in an others soyle and dammages should bee assessed according to the offence by the discretion of the Iurors the inclosure of a ground makes it no Parke but the content comprised within the inclosesure in the Parke and the common forme of graunting a Parke is to inclose so much land and thereof to make a Parke which is by the Kings Graunt and Licence onely An Action vpon the Statute for trespassing in a Parke 18. H. 6. 21. whereby to recouer the penaltie of the Statute will not lye but where one hath a Graunt from the King or Prescription For where one of himselfe doth imparke a ground hee can haue but a generall Action of Trespasse for entring into the same and what dammage and recompence the plaintife shall haue in that case euery mans experience teacheth him If the King licence a man to imparke two hundred acres of ground Brooke 〈◊〉 76. 23. H. 8. and hee doe inlarge the same afterwards with a hundred acres more this is no Parke Quere If any bee atteinted for Trespasse in any Parke Rast forrest 18 St. West cap. 20. 3. E. at the suit of the partie great and large amends shal be awarded according to the Trespasse and three yeeres imprisonment and after shall make Fines at the Kings pleasure if hee haue whereof and then shall finde good suretie that he shall not commit the like Trespasse and if hee haue not wherewith to make Fine after three yeeres imprisonment he shall finde like suretie and if hee cannot finde like suretie he shall abiure the Realme And if

A TREATISE CONTEINING DIVERS Benefits and Priuiledges and the power and authoritie granted to the Patentee who hath his Maiesties Licence or Grant of Charter Warren vnder the great Seale of England ¶ Collected out of diuers of the Lawes and Statutes of this Kingdome and viewed and allowed by Sir HENRY YELVERTON Knight his Maiesties Atturney Generall for all those who take the Graunt ¶ To be deliuered to them at the Office thereof kept at the house of Sir HENRY BRETON Knight one of the Commissioners for making of the said Graunts in DRVRY Lane Anno Dom. 1617. ¶ The Collections for the authoritie of the Free Warrens ALl ciuil and wel gouerned common wealths haue euer and doe necessarily nourish and mainetaine all things that tend to these two things Profit and Pleasure the one for the essence the other for the honor of it and all Princes and their Subiects of worthy and generous spirits haue had a vigilant eie by law order to the preseruation of those creatures that are created for pleasure being for the solace and liuelihood of man and prouided for him in his first creation as necessary for the recreation of his mind clothes for his outward ornament or well tasted dishes for his pallet For if man should haue nothing but adesse meerly for nature to subsist how poore and deiected a creature should hee be and how much inferiour to many beasts in these outward things Therefore hath the Creator prouided from the beginning both the creatures and the meanes for mans delight yet with a difference to man therein for some of his seruants to exceed the rest that they may haue suppeditaments and ornaments of life ad bene melius esse for recreation sake which haue beene euer by the best spirits desired For how base and vnworthy a mind should that man haue being borne or aduanced to good possessions fortunes that should subiect himselfe to the drudgerie and slauerie of the earth in meere matter of getting and coueting as if he were the true childe of Adam only in that necessitated qualitie of digging his liuing out of the earth whereunto he was by God cursed and so should in nothing else bee eleuated to more worthy consideration of better things instituted by the Creator For as the all disposer by order gouernment vpon earth hath appointed in euery Monarchy being the best gouernment degrees of honor difference of ranks and qualities amongst men so he hath to them in their seueral places and estimation thereunto annexed all such other outward supplies of pleasures and delights as are fit for such men as Deere Stagge Cony Pheasant Partridge and the like yet so as the wisedome of this and other ciuilized Kingdomes hath been such as it hath giuen a more absolute power and priuiledge therein to the King then to any man though they are called to bee ferae naturae they are said more properly to be the Kings then any mans as by waie of interest by reason of his prerogatiue of giuing the subiect liberty to inclose conteine them in each mans seuerall ground by Parkes and Warrens c. and to giue an interest and propertie to man therein to hunt hawke and chase them by licence in each mans own possession and to distreine others from it as shall appeare from time to time by the lawes of this Kingdome collected in this short discourse But because it is the common humour of men to cast there eie onely vpon that thing that tendeth to matter of profit or at least much more then pleasure and other contentment and for that these maner of priuiledges of Free Warren and the like being the Kings Graces and deriuatiues from the prerogatiue of the Crowne are not so well and vsually vnderstood but conceiued to bee meere matter of pleasure and not of benefit or profit being not in the common vse among men it hauing beene a thing so deintie and precious to be had heeretofore and so rarely granted that subiects of the greatest and wisest sort of all rankes haue beene speciall sutors in all ages to the Kings and Queens of this kingdome to obteine it as may appeare by seuerall graunts from time to time And that no man may bee ignorant aswell of the benefit and profit and present necessarie vse of it aswell as the pleasure of it I thought it not vnfit to set downe a summarie or briefe repetorie of some of the Lawes of this Kingdome and the vse and practise thereof from time to time in this case whereby it shall appeare that by comparing our present with the times past by the number of Parkes and increase of game of all sorts and the present state of this Kingdome there will be much more vse and necessitie hereof in these times to all men then in former and doubt not but to giue satisfaction that the profit and vse heereof shall be great to all men for whom it is fit who haue Manors Wastes Commons Parke or Warren and the like not licensed by his Maiestie or his predecessors grant For that to those who haue Wastes Lands and Grounds barrened by Corne or so by nature the profit thereof may arise as the occasion shall be and to those that haue Parkes and Warrens vnlicensed his Maiesties Writ of Quo warranto may and doth iustly lie being no more reason that any Subiect should vsurpe a priuiledge proper and of right belonging to the King then hee theirs and without this priuiledge or graunt what recompence men vsually haue vpon euery Action of Trespasse brought for killing Deere Conies or the like euerie mans experience teacheth him to his losse Why then what incouragement can any man haue to plant or reduce to seueraltie Warren or Parke vpon his waste or lands fit for it which may happlie be verie profitable when being not licensed vpon any spoile killing or taking the Game hee cannot iustifie his Action against him for the same nor recouer damage but as in an ordinarie Action of Trespasse for comming vpon the ground which how poore a recompence it is for a mans losse men do daily feele All which shal sufficiently appeare by the collection of the Lawes heerein So as I may conclude that whosoeuer shal obtaine this grant from his Maiesty by vertue of his Maiesties Commission being at the humble suit and for the contentment of many of his Subiects shall so ioyne and furnish himselfe with pleasure and profit that it may bee truely sayde of him to hold a good course according to that Omne tulit punctum qui miscuit vtile dulci. And it shal appeare that this priuiledge and prerogatiue and interest of the Kings is not onely in Parkes Warrens and in beasts but also in fowle and fish in the waters and ayre in those creatures the propertie whereof is vnknowne Co. 7. ●o 16 Volatilia enim quae sunt ferae naturae alia sunt regalia alia cōmunia sic aquatiliu A Swan is a