Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	life_n	tenant_n	3,445	5	9.8930	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44782	Miscellanies by the Right Noble Lord, the late Lord Marquess of Halifax; Works. Selections. 1700	Halifax, George Savile, Marquis of, 1633-1695.; Settle, Elkanah, 1648-1724. Sacellum appollinare.	1700 (1700)	Wing H315; ESTC R11995	142,175	370

may naturally tend to the misplacing the Legislative power in the hands of those who have a separate interest from the body of a People there can be no treating till it is demonstrably made out that such a consequence shall be absolutely impossible for if that shall be denied by those who make the proposal if it is because they cannot do it the motion at first was very unfair If they can and will not it would be yet less reasonable to expect that such partial dealers would ever give an Equivalent fit to be accepted XV. It is necessary in all dealing to be assured in the first place that the party proposing is in a condition to make good his Offer that he is neither under any former Obligations or pretended Claims which may render him uncapable of performing it else he is so far in the condition of a Minor that whatever he disposeth by sale or exchange may be afterwards resumed and the Contract becometh void being originall● defective for want of a sufficient legal power in him that made it In the case of a strict Settlement where the party is only Tenant for life there is no possibility of treating which one under such fetters no purchase or exchange of Lands or any thing else can be good where there is such an incapacity of making out a Title the interest vested in him being so limited that he can do little more than pronounce the words of a Contract he can by no means perform the effect of it In more publick instances the impossibility is yet more express as suppose in any Kingdom where the people have so much liberty left them as that they may make Contracts with the Crown there should be some peculiar rights claimed to be so fixed to the Royal Function that no King for the time being could have power to part with them being so fundamentally tied to the Office that they can never be separated Such Rights can upon no occasion he received in exchange for any thing the Crown may desire from the People That can never be taken in payment which cannot lawfully be given so that if they should part with that which is required upon those terms it must be a gift it cannot be a bargain There is not in the whole Dictionary a more untractable word than Inherent and less to be reconciled to the word Equivalent The party that will Contract in spight of such a Claim is content to take what is impossible to grant and if he complaineth of his Disappointment he neither can have Remedy nor deserveth it If a Right so claimed hapneth to be of so comprehensive a nature as that by a clear inference it may extend to every thing else as well as to the particular matter in question as often as the Supream Magistrate shall be so disposed there can in that case be no treating with Prerogative that swalloweth all the Right the People can pretend to and if they have no right to any thing of which they are possessed it is a Jest and not a Bargain to observe any Formality in parting with it A Claim may be so stated that by the power and advantage of interpreting it shall have such a murthering eye that if it looketh upon a Law like a Basilisk it shall strike it dead Where is the possibility of Treating where such a Right is assumed Nay let it be supposed that such a Claim is not well founded in Law and that upon a free disquisition it could not be made out yet even in this case none that are well advised will conclude a Bargain till it is fully stated and cleared or indeed so much as engage in a treaty till by way of preliminary all possibility shall be remov'd of any trouble or dispute XVI There is a collateral circumstance in making a Contract which yet deserveth to be considered as much as any thing that belongeth to it and that is the character and figure of the parties contracting if they treat onely by themselves and if by others the Qualifications of the Instruments they employ The Proposer especially must not be so low as to want credit nor so raised as to carry him above the reach of ordinary dealing In the first There is scandal in the other danger There is no Rule without some Exception but generally speaking the means should be suited to the end and since all Men who treat pretend an equal bargain it is desirable that there may be equality in the persons as well as in the thing The manner of doing things hath such an influence upon the matter that Men may guess at the end by the instruments that are used to obtain it who are a very good direction how far to rely upon or suspect the sincerity of that which is proposed An Absurdity in the way of carrying on a Treaty in any one Circumstance if it is very gross is enough to perswade a thinking Man to break off and take warning from such an ill appearance Some things are so glaring that it is impossible not to see and consequently not to suspect them as suppose in a private case there should be a Treaty of Marriage between two Honourable Families and the proposing side should think fit to send a Woman that had been Carted to perswade the young Lady to an approbation and consent the unfitness of the Messenger must naturally dispose the other party to distrust the Message and to resist the temptation of the best Match that could be offered when conveyed by that hand and ushered in by such a discouraging preliminary In a publick instance the suspicion arising from unfit Mediators still groweth more reasonable in proportion as the consequence is much greater of being deceived If a Jew should be employed to sollicite all sorts of Christians to unite and agree the contrariety of his profession would not allow Men to stay till they heard his Arguments they would conclude from his Religion that either the Man himself was mad or that he thought those to be so whom he had the Impudence to endeavour to perswade Or suppose an Adamite should be very sollicitous and active in all places and with all sorts of Persons to settle the Church of England in particular and a fair Liberty of Conscience for all Dissenters though nothing in the World has more to be said for it than Naked Truth yet if such a Man should run up and down without Cloaths let his Arguments be never so good or his Commission never so Authentick his Figure would be such a contradiction to his business that how serious soever that might be in it self his interposition would make a Jest of it Though it should not go so far as this yet if Men have contrarieties in their way of living not to be reconciled as if they should pretend infinite zeal for liberty and at that time be in great favour and imployed by those who will not endure it If they are affectedly singular and