Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	aforesaid_a	manor_n	seize_v	1,923	5	10.3349	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41429	The Royal College of Physicians of London, founded and established by law as appears by letters patents, acts of Parliament, adjudged cases, &c. : and An historical account of the College's proceedings against empiricks and unlicensed practisers, in every princes reign from their first incorporation to the murther of the royal martyr, King Charles the First / by Charles Goodall ...	Goodall, Charles, 1642-1712.	1684 (1684)	Wing G1091; ESTC R8914	319,602	530

c. and the Common Law doth controll it and adjudge the same void as to services and the donor shall have the Rent as a Rent-seck distr of Common right for it should be against Common right and reason that the King should hold of any or do service to any of his Subjects 14 Eliz. Dyer 313. And so was it adjudged Mich. 16 and 17 Eliz. in the Common Pleas in Stroud's Case So if any Act of Parliament giveth to any to hold or to have Conusans of Pleas of all manner of Pleas arising before him within his Mannor of D. yet he shall hold no Plea to which himself is party for as hath béen said iniquum est aliquem suae rei esse judicem 5. If he shall forfeit 5 li. for one month by the first clause and shall be punished for practising at any time by the second clause two absurdities would follow 1. That one should be punished not onely twice but many times for one and the same offence And the Divine saith Quòd Deus non agit bis in idipsum and the Law saith Nemo debet bis puniri pro uno delicto 2. It should be absurd by the first clause to punish practising for one month and not for lesser time and by the 2. to punish practising not onely for a day but at any time so he shall be punished by the first branch for one month by the forfeiture of 5 li. and by the 2. by fine and imprisonment without any limitation for every time of the month in which any one doth practise Physick And all these reasons were proved by 2 grounds or Maxims of Law 1. Generalis Clausula non porrigitur ad ea quae specialiter sunt comprehensa And the Case between Carter and Ringstead Hill 34 Eliz. rot 120. in the Common Pleas was cited to this purpose where the Case in effect was That A. seized of the Mannor of Staple in Odiham in the County of Southampton in Fée and also of other lands in Odiham aforesaid in Fée suffered a common Recovery of all and declared the use by Indenture That the Recoverer should stand seized of all the lands and tenements in Odiham to the use of A. and his wife and to the heirs of his body begotten and further that the Recoverer should stand seized to the use of him and to the heirs of his body and died and the wife survived and entred into the said Mannor by force of the said general words But it was adjudged That they did not extend to the said Mannor which was specially named and if it be so indéed à fortiori it shall be so in an Act of Parliament which as a Will is to be expounded according to the intention of the makers 2. Verba posteriora propter certitudinem addita ad priora quae certitudine indigent sunt referenda 6 E. 3. 12. Sir Adam de Clydrow Knight brought a Praecipe quod reddat against I. de Clydrow and the writ was Quod juste c. reddat Manerium de Wicombe duas carucatas terrae cum pert in Clydrow in that case the Town of Clydrow did not relate to the Mannor quia non indiget for a Mannor may be demanded without mentioning that it lieth in any Town but cum pertinentiis although that it cometh after the Town shall relate to the Mannor quia indiget Vide 3 E. 4. 10. the like case But it was objected That where by the second clause it was granted that the Censors should have supervisum scrutinium correctionem gubernationem omnium singulorum Medicorum c. they had power to fine and imprison To that it was answered 1. That the same is but part of the sentence for by the entire sentence it appeareth in what manner they shall have power to punish for the words are ac punitionem eorum pro delictis suis in non bene exequendo saciendo seu utendo illâ facultate so that without question all their power to correct and punish the Physicians by this clause i ̄s onely limited to 3 cases scil in non bene exequendo faciendo vel utendo c. Also this word punitionem is limited and restrained by these words Ita quòd punitio eorundem Medicorum c. sic in praemissis delinquentium c. which words sic in praemissis delinquentium limit the first words in the first part of this sentence ac punitionem eorum pro delictis in non bene exequendo 2. It shall be absurd That in one and the same sentence the makers of the Act shall give them a general power to punish without limitation and a special manner how they shall punish in one and the same sentence 3 Hil. 38 Eliz. in a Quo Warranto against the Mayor and Commonalty of London it was holden That where a Grant is made to the Mayor and Commonalty that the Mayor for the time being should have plenum integrum scrutinium gubernationem correctionem omnium singulorum Mysteriorum c. without granting to them any Court in which should be legal procéedings that the same is good for search by which discovery may be made of offences and defects which may be punished by the Law in any Court but it doth not give nor can give them any irregular or absolute power to correct or punish any of the Subjects of the Kingdom at their pleasures 2. It was objected That it is incident to every Court created by Letters Patents or Act of Parliament or other Courts of Record to punish any misdemeanors done in Court in disturbance or contempt of the Court by imprisonment To which it was answered That neither the Letters Patents nor the Act of Parliament hath granted to them any Court but onely an authority which they ought to pursue as it shall be afterwards said 2. If any Court had béen granted to them they could not by any incident authority implicitè granted unto them for any misdemeanor done in Court commit him to prison without bail or mainprise untill he shall be by the commandment of the President and Censors or their Successors delivered as the Censors have done in this case 3. There was not any such misdemeanor for which the Court might imprison him for he onely shewed his case to them which he was advised by his Councel he may justifie which is not any offence worthy of imprisonment The second point Admitting that the Censors had power by the Act if they have pursued their authority or not And it was resolved by the chief Iustice Warburton and Daniel that they have not pursued it for 6 causes 1. By the Act the Censors onely have power to impose a fine or amercement and the President and Censors do impose the amercement of 5 li. upon the Plaintiff 2. The Plaintiff was summoned to appear before the President and Censors c. and did not appear and therefore he was fined 10 li. whereas the President hath not any

and Constitutions soe as aforesaid to be made Wee will shal be observed and kept under the paines and penaltyes in the same to be lymited and conteyned Soe as the same Acts Statutes and Ordinances Imprisonments fines and amerciaments be not contrarie or repugnant to the Laws and Statutes of this our Realme of England And further Wee will and by these presents for us our heires and successors doe graunt to the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled together in their said Hall shall and maie nominate elect and appoint one honest and discreet person which shall be and be called the Register to the said Colledge who shall from time to time be attendant on the said President and Colledge or Comminaltie and their Successors at their Assemblies Courts Congregations or meetings and shall sett downe in writinge register and enter into a booke all such Rules Orders Statutes Decrees Acts Ordinances and other things as shall from time to time be had made done provided and ordayned by the said President and Colledge or Comminaltie and their Successors or the greater parte of them assembled together in their said Hall Which said Register soe to be named elected and made as aforesaid shal be and continue in the said office and place for and during the will and pleasure onely of the said President and Colledge or Comminaltie and their Successors or the greater parte of them whereof the President to be one The said Register first taking his corporall oath upon the Holy Evangelists before the said President and four Censors for the time being or any three of them whereof the President to be one for the doeing and performing of his true and faithfull service to them in the said office and place from time to time AND Wee doe likewise will and for us our heires and successors doe by these presents graunte unto the said President and Colledge or Comminaltie and their Successors that they and their successors or the greater parte of them assembled in their said Hall shall and may from time to time when and as often as to them shall seeme meete ordaine make constitute and appoint such and soe many other fitt and meete Officer or Officers Minister or Ministers as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shal be thought fitt and necessarie for their service and benefitt Vnto all and every which said Officers or Ministers it shal be lawfull to the said President and Colledge or Comminaltie and their Successors or to the Censors or any three of them assembled together in their said Hall to administer and give oathes upon the said Holy Evangelists for the due performance and erecution of his and their office and place And the same Register and all and every other Officer and Minister by them to be elected made constituted or appointed as aforesaid from time to time upon reasonable and just cause to remove expell and put out of his and their said offices and places and to elect and put others into his and their roomes and places when and as often as to the said President and Colledge or Comminaltie and their Successors or the greater parte of them shall seeme meete and convenient AND further Wee doe for us our heires and successors give and graunt unto the said President and Colledge or Comminaltie and their Successors that it shall and may be lawfull to and for the said President and four Censors for the time being or any three of them whereof the President to be one to cause such persons which shal be convented for any the offences aforesaid and shal be found offendors therein to become bound to us our heires or successors and to our use in one or more severall recognizaunces in such summe as they shall think fitt not exceeding the summe of one hundred poundes with conditions for restrayning them to offend any more in that behalf as to the President and four Censors or any three of them shall seeme meete And if such person shall refuse to become soe bound by such recognizance with such condition That then it shall and may be lawfull to and for the said President and four Censors or any three of them whereof the President to be one to commit such person to prison and him to deteyne in prison untill he shall become bound in such recognizance with such condition as aforesaid And Wee doe further of our especiall favour certaine knowledge and meere motion for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors speciall licence free and lawfull libertie power and authoritie to acquire purchase receive and take unto the said President and Colledge or Comminaltie and their Successors Mannors Lands Tenements Tithes Rents Reversions and Hereditaments of or from any person or persons whatsoever not exceeding in the whole the cleere yearely value of one hundred Marks of lawfull English money above all charges and reprises Soe as the same Mannors Lands Tenements Tithes Rents Reversions and Hereditaments by virtue hereof to be acquired and purchased be not holden of us our heires or successors immediately in Chief or by Knightes service or of any other person or persons by Knights service the Statute of Alienation in Mortmayne or any other Statute Law Ordinance or Provision to the contrary thereof in any wise notwithstanding AND Wee doe further give and graunt for us our heires and successors unto the foresaid President and Colledge or Comminaltie and their Successors that all and every Physitian and Physitians that now is or are or that hereafter shal be elected admitted and made a member of the foresaid Colledge or Comminaltie shall from time to time be wholly and absolutely freed exempted and discharged of and from providing and bearing of any Armour or other munition within our said Citie of London and the Liberties thereof or within seaven miles compasse as aforesaid Any Statute Act Ordinance Constitution or usage to the contrary in any wise notwithstanding AND Wee doe further for us our heires and successors give and graunt unto the foresaid President and Colledge or Comminaltie and their Successors and by these presents declare and manifest our pleasure for ever to bee That the said President and Colledge or Comminaltie and their Successors shall and may have take receive use exercise and enjoy all and singular the guifts graunts liberties priviledges immunities freedomes benefitts advantages profitts commodities power abilitye and authoritye herein before mentioned or otherwise by any other former Letters Patents given graunted or confirmed unto the President and Colledge or Comminaltie or any of them without the lette hinderance interruption or disturbance of us our heires or successors or of any the Officers or Ministers of us our heires or successors or of any other person or persons whatsoever

become bound in such Recognizance with such condition as aforesaid AND WEE WILL and by these presents for us our heires and successors doe enjoyne order and commaund all and every Warden Goaler and Keeper Wardens Goalers and Keepers of our Wards Goales and Prisons within our said Citty of London and the limitts and precincts aforesaid Except before excepted that they and every of them doe from tyme to tyme yeild and give all due obedience and observance to the said President and Censors or Vice-president and Censors of the Colledge aforesaid for the tyme being in the absence of the President and to all and every such Warrant and Warrants as by them or any three of them for the tyme being whereof the said President or in his absence the Vice-president to bee one shall by virtue of these presents or any the Letters Patents or Acts of Parliament aforesaid bee duely made and directed to any the Wardens Goalers or Keepers of our Prisons aforesaid or any of them And that they and every of them doe and shall receive into his or their Custody in such prison or prisons whereof he or they shall then bee Warden Goaler or Keeper all and every such person and persons as by vertue of such Warrant or Warrants shall bee sent or committed to him or them and there shall safely keepe every such person and persons so Committed in any of their Prisons att the proper costs and charges of the said person or persons soe Committed without Bayle or Mainprise according to the tenor forme and effect of such Warrant and Warrants untill such person or persons shall bée duely discharged upon paine that all and every such Warden Goaler or Keeper doeing the contrary shall loose and forfeit the double of all and every such Fyne or Fynes Amerciament and Amerciaments summe and summes of money for which or Non-payment whereof such person or persons respectively were or shall bee soe Committed as aforesaid PROVIDED that any such Fyne Amerciament or Summe of money bée not att any one tyme above the summe of Twenty pounds The one moyety thereof to bée ymployed to the use of us our heires and successors and the other moyety to the said President and Fellowes of the Kings Colledge of Physitians aforesaid to and for the use of the poore aforesaid and to bée disposed and distributed as aforesaid AND all the same forfeitures to bée recovered by Action of debt Bill Playnt or Information in any Court of Record of us our heires or successors against any such Warden Goaler or Keeper soe offending in which suite noe Essoyne wager of Law nor Protection shall bee allowed or admitted for the Defendant AND WEE DOE FURTHER of our especiall grace certaine knowledge and meere motion for us our heires and successors give and graunt unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians and their Successors that itt shall and may be lawfull to and for the President and Fellowes of the same Colledge for the tyme being and their Successors yearely and every yeare for ever hereafter att their frée liberty and pleasure to have and take att once or severall tymes without contradiction the dead Bodies of six severall persons of Men or Woemen condemned adjudged and putt to death for Felony or other offence by the due course and order of the Lawes of this our Realme within our said Citty of London or our Countyes of Middlesex and Surrey or either of them for Anatomies without any further Surte Lycence or Commission to or from us our heires or successors to bee had made or obteyned for the same And from tyme to tyme to make incision of the same dead bodyes or otherwise to order the same after their discretions att their liberty and pleasures for their further and better knowledge instruction insight learning and experience in the faculty and science of Physicke and Chirurgery PROVIDED allwayes and We will and direct that all and every such dead body and bodies had taken or used for or as Anatomies bée from tyme to tyme after such use made thereof as aforesaid decently buryed att the costs and charges of the said President and Fellowes and their Successors AND Wée doe further of our especiall favour certaine knowledge and meere motion for us our heires and successors give and grant unto the said President Fellowes and Cominalty of the Kings Colledge of Physitians and their Successors speciall lycence free and lawfull liberty power and authority to acquire purchase receive and take unto the said President Fellowes and Cominalty of the same Colledge and their Successors for ever to the use of them and their Successors for ever And alsoe to all and every other person and persons full and free power lycence and authority to give graunt and convey unto them the said President Fellowes and Cominalty of the Colledge aforesaid and their Successors for ever to the use of them and their Successors for ever any Mannors Messuages Lands Tenements Tythes Rents Reversions and Hereditaments soe as the same doe not exceed in the whole the cleare yearly value of Two hundred pounds above all charges and reprises The Statute of Alienation in Mortmaine or any other Statute Act Law Ordinance or Provision heretofore made ordeyned or provided or any other matter cause or thing to the contrary in any wise notwithstanding And this without any Writt or Writts of Ad quod dampnum or other Licence or Letters Patents Inquisitions or Mandates of us our heires or successors to bée had made prosecuted sued for or obteyned in that behalfe AND WEE WILL and by these presents for us our heires and successors Doe give and graunt unto the said President Fellowes and Comonalty of the Kings Colledge of Physitians and their Successors That all and every Physitian and Physitians that now is or are or that hereafter shall bee Elected Admitted and made a Member of the same Colledge shall from tyme to tyme be wholly and absolutely freed exempt and discharged of and from serving or appearing in any Iury or Iuries for the tryall of any matter or cause or takeing finding or executing of any Commission or Inquisition whatsoever and of and from being or chosen to bee Churchwarden Constable Scavenger or any such or the like Officer or Officers And of and from the undertakeing execution and exercise of all and every the same and such like Office and Offices Place and Places and every of them And alsoe of and from all Watch and Ward and of and from beareing and providing Armes within our Citties of London or Westminster or either of them or any the Suburbs or Liberties of the same Citties or either of them or within seaven miles compasse thereof AND in case they or any of them shall att any tyme hereafter by any wayes or meanes bee designed appointed nominated or chosen into or to undergoe or beare or performe any of the said Office or Offices Place