Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	die_v	hold_v	tenant_n	2,632	5	9.7659	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33187	The City law shewing the customes, franchises, liberties, priviledges and immunities of the famous city of London : together with the names, natures, kinds, jurisdictions, powers, and proceedings of the severall courts within the same : as also the titles, qualities, advantages and profits of the severall offices in London and in whose dispose those offices are.		1658 (1658)	Wing C4354; ESTC R24831	43,516	135

against the vouches by law of the said City then the Record shall be made come before the Justices of the Common-Pleas at the suit of the Demandant and there processe shall be made against the vouchee and when the voucher shall be ended in the said Bench then shall all the plea be sent back again to the Hasting there to proceed in the plea according to the custome of the City and according to that which is fully contained in certain Statutes And also if the Tenants in such writs plead in barre by a release bearing date in a forraign County or plead other forraign matter which may not be tryed within the said City then the Demandant shall bring the processe into the Kings Bench for to try the said matter as it is alledged and according as it is found the plea shall be sent backe againe into the Husting there further to proceed according as the case requires and all the same time the plea shall cease in the Husting in manner as it is done at this day And also it hath been used heretofore that a man might sue in the Husting of plea of Lands for to have Execution out of certain Judgments given in the Husting and that by Bill in the nature of a scire face without Writ And it is to be understood that the summons which are made to the tenants in such writs of Right may be made two or three dayes before the said Husting or the morrow next before the said Husting In the Hustings of Common-pleas are pleadable Writs Awrit of exgravi qurelea called Ex gravi querela for to have execution of the tenements out of the Testaments which are inrolled in the Hustings Writs of Dower unde nihil habet Writs of Gravelkind of custome and of service instead of a Cessavit Writs of Error of Judgments given before the Sheriffes Writs of waste Writ de partitione facienda betweene Coparteners Writs of quid juris clamat and per quae servitia and others The which Writs are close and directed to the Mayor and Sheriffes And also Replegiaries of things taken of distresses wrongfully taken are pleadable before the Mayor and Sheriffes in the same Husting of Common-pleas by plaint without writ And it is to be understood that the same Sheriffes are ministers to execute the office and serve all the Writs and Replegiaries by a precept of the Mayor directed to the said Sheriffes and the processe is after this manner First in a Writ of ex gravi querela warning shall be given to the tenants viz. two or three dayes before the Husting or in the morning before as in a Plea of Land and so shall be done of all other summons touching the same Husting And if the warning be given and testified by the Sheriff or his Ministers the tenants may be essoyned once and if the tenants make default at the said warning testified then shall the grand Cape be awarded if they appeare they may be essoyned after the view and thereupon all other processe shall be made fully as is said in a Writ of Right Patent in the Hustings of the Pleas of Land Item In a Writ of Dower unde nihil habet the Tenants shall have at the beginning three Summons and one essoyne after the three Summons and afterwards shall have the view and after the view one essoyne and the tenants in such a Writ of Dower shall have the view although they enter by the same husband of the Demandant and also notwithstanding the husband died seized And also the Tenants may vouch to warranty and be essoyned after every appearance and also other processe shall be made as in a writ of right in the Husting of Plea of Land And if the Demandant recover Dower against the Tenants by default or by Judgment in Law in such a Writ of Dower and the same woman demandant shall alleadge in Court of Record that her husband died seized then the Mayor shall give commandement to the Sheriffes by precept that they summon an Enquest of Neighbors where the Tenements are against the next Husting of Common-pleas to enquire if the husband died seized and of the value of the tenements and the dammages shall be enquired of by the same Enquest Item In a Writ of Gravillete the tenants shall have three summons and three essoines they shall also have the view they may vouch to warranty Denizen and Forreigner and they shall be essoyned and they must enter their exceptions and all other processe shall be made as before is declared in a writ of Right in the Husting of Plea of Land saving if the tenant make default then the demandant shall have Judgment to recover and hold for a yeare and a day upon this condition that the tenant may come within the same year and day next ensuing and agree for the arrearages and finde Surety as the Court shall award to pay the Rent within the services loyally after ward to have againe his tenements And within which yeare and day the tenant may come and cause the demandant come in Court by a Scire fac Ascire face brought by the tenants with in the yeare and day and have again his tenements doing as is aforesaid Then after the yeare and day the demandant shall have a Scire fac against the tenant to come and answer if he can any thing say A sctre fac brought by the demandant after the yeare day wherefore the said demandant ought not to held the tenements quietly to him and his heires for ever And if the tenant come not or if he come and can say nothing then the Judgment shall be that the Demandant shall recover the tenements quietly for ever according to the Judgments called Shartford by custome of the foresaid City In a writ of wast processe shall be made against the tenants by summons attachments Of a writ of waste and distresses according to the statutes thereof made and if the tenants come and plead then he shall have noe essoyne and so after every appearance and if he make default at the grand distresse then there shall be a commandement to the Sheriffe by precept from the Mayor that the Sheriffe should see the place wasted That the Enquest shall not tax but simple damages and the court shall treble it This is enacted by the Statute of Gloc. capiat and enquire of the waste and damages according to the statute and that the enquest should returne at the next Husting of Common-Pleas and the Plaintiffe shall recover the place wasted and treble damages by the Statute Item In a Writ of Error of Judgment given in Court before the Sheriffe in actions personall and in assize of novel disseisin or mortdancestor taken before the Sheriff and Record the Writ of Errour shal be directed to the Mayor and Sheriffes and the Mayor shal make his precept to the Sheriffes to cause them to bring the Record and processe at the next Husting of Common

and customes and that by a Statute made after the last Eyre and to put their franchises and customes in certain which things no man can remember May it please your Majesty to command all the said Justices that they be ordered in point of challenge of their said franchises and customes as they were wont anciently to be ordred in other Eyres before the Statute and that by no Statute repugnant to their said franchises and customes they be bound or deprived of their Franchises and ancient customes and thereupon a Writ was sent to the Justices to surcease Whereas in time past A Writ to surcase there arose by some a matter of doubt of and upon the most ancient custome had and used in the city of London An ancient custome in the city of London for tenants for fixing goods of those things which by tenants for terme of life or for yeares were fixed to the houses without speciall licence of the Lord of the Soyl whether they should remaine to the Lords of the Soyle as parcell of the same or whether it should be lawful for such Tenants at the end of their tearme all such things that be fixed to remove Whereupon ancient Books being viewed and many Records searched and ancient proceedings and Judgments of the said city It was declared by the Mayor and Aldermen That by the old prescript custome of the aforesaid city That every of the said kinds of easments fixed to houses or to the ground by such kind of Tenants without speciall and expresse licence of the Lord of the Soyle if they be fixed with nailes of Iron or of wood as Pantises Glasse Locks Benches or such like or if they be affixed with Lime or clay commonly called Morter as Fornace Lead Candirons Chimneyes Corbels Pavements and such other or else if Plants they be rooted in the ground as Vines Trees Orchards c. It shall not be lawfull for such Tenants at the end of there Termes or at any time to pluck down remove or root out them or any part of the premises by any meanes but they alwayes remain to the Lord of the Soyle as parcell of the same Soyle or Tenements Mustings c. It is to be understood that all the Lands and Tenements Rents and Services within the city of London and in the Suburbs thereof are pleadable at Guild-Hall within the same city in two Hustings whereof the one Husting is called Husting of Plea of Land and the other Hasting is called Husting of Common-Pleas And the which Hustings are held in the said Guild-hall before the Mayor Sheriffes and Aldermen of the said city every weeke the dayes Munday and Tuesday viz. On the Munday to demand the demaudauts and to award nonsuites to allow essoynes and the Tuesday to award the default and to plead Writs of right Pattents But for certaine times no Hastings may be held by the custome of the city afore said viz. Husting of plea of Land ought to be held a week by it selfe at the aforesaid dayes But the enrolments and titles of the said Hustings make mention of Munday only Writs of Right Pattents In Husting of Plea of Land are pleaded Writs of Right Pattents directed to the Mayor and Sheriffes of London which Writs have this processe by custome of the city viz The Tenant or Tenants shall first have three summons at the cenements demanded at three Hustings of Plev of Land next ensuing after the livery of the Writ and of the Hustings without demanding the tenements at any aforesaid And after the three summons ended three essoynes at three other Hustings of Plea of Land then next ensuing and at the next ensuing after the third essoyne and the Tenants making default processe shall be made against them by a grand cape or petit cape after the appearance and other processe at the common law And if the Tenants shall appeare the demandants shall count against the Tenants in the nature of what Writ they will except certain Writs which are pleadable in Husting of common-Pleas as shall be declared afterward without making protestation to see in the nature of any writ And the Tenants shall have the view and shall be essoyned after the view as at the common-law And the Tenant shall have an essoyne after every appearance by custome of the City And although that such a writ be abated after the view by exception of joint-tenancie or other exception dilatory and other such Writ be revived the tenants by the custome of the City shall have the view in the second Writ notwithstanding the view before had And if the parties plead to judgment the judgment shall be pronounced by their Recorders mouth and six Aldermen were wont to be present at the least at the giving of every such judgment And every Bedell of the City by the advice of his Aldermen The Jurors summoned against every Hustings of Plea of Land shall summon 12. men Free-holders being the best and most sufficient of his Ward to come to Guild hall for to passe in an Enquest if there be need for the rest of the free-holders in the said Ward And if the parties plead and discend to an Enquest then shall the Enquest be taken of the people inheritors haveing at the least frankten ement of the same Ward where the Tenements are and other three wards next to the place where the Tenements are so that foure sufficient men of the same Ward where the Tenements are shall be sworne in the same Enquest if there be so many And no dammages by custome of the City are recoverable in any such Writ of Right Pattent And the Enquest may passe the same day by such common summons of the Beadell if the parties be at issue and the Jurors come And otherwise processe shall be made to cause the Enquest to come at another Hasting of Plea of Land ensuing by precept of the Mayor directed to the Sheriffes And the Sheriffes shall be ministers by the commandement of the Mayor to serve the writs and to make execution thereof Notwithstanding that the originall writ be directed to the Mayor and Sheriffes joyntly And it is to be understood that as well the Tenants as the Demandants may make their Attornies in such Pleas. And if the Demandants count against those Tenants in the nature of a Writ of right and the parties discend to an enquest upon the meereright then shall the enquest be taken of 34. in the nature of a grand assize according as the custome requires so that alwayes six be of the Ward where the Tenements be if there be so many of the same ward empannelled in the Enquest of 24. Vouching to warranty And the Tenants in all such writs may vouch to warranty within the said City and also in a forreign county if the Vouches haue no tenements within the City And if the Tenants in such writs do vouch to warranty in a forreign County in which case processe may not be made