Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	estate_n	heir_n	tail_n	4,294	5	10.3782	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50735	The speech of Sir Audley Mervyn, knight, His Majesties prime Serjeant at Law, and speaker of the House of Commons in Ireland delivered to His Grace James Duke of Ormond, Lord Lieutenant of Ireland, the 13 day of February, 1662, in the Presence-chamber in the castle of Dublin : containing the sum of affairs in Ireland, but more especially, the interest of adventurers and souldiers.	Mervyn, Audley, Sir, d. 1675.	1662 (1662)	Wing M1893; ESTC R904	35,291	43

Now Sir as to the point in hand viz. That the persons that are by peculiar name restored to their Estates under a praevious Reprisal can claim them no other way then the Act prescribes I shall humbly offer you the Judgment of the Sages of the Law in an instance or two Where a man hath Title to Land by an estate-Estate-tail and afterwards the same Land is given to him by Parliament his Heir shall not be remitted for by the Act of Parliament all other Titles are for ever excluded for this is a Judgement of Parliament that the Estate shall onely remain in the same very way that it is given The same Law is where the King hath a Title in Tail and the Land is given to him by Parliament in Fee the estate-Estate-tail is determined so that the Heir shall not avoid the Leases made by his Father for the Statute binds all for Titles and Estates B. Parliam 73. The Reason given here is for that it is a Judgment in Parliament and of what extensive power that is even to take the right hand of an Act 2 Institut 497. will instance Nay Sir the operation of a Statute casts it with that violence upon the party taking it that if it had given me the Estate of any p●rticular person by name saving the right of that party the saving had been flattering as we call it 1 Co. 47. a. b. It is said Though the Act be in nature of a Conveyance or Judgment the saving is repugnant as to him that makes the Conveyance or against whom the Judgement is given or from whom the Estate of the Land is to pass for though they be parties to the Act yet in Judgement of Law the Land shall move from him that is seized Plowden 49. it is there held where Lands are given by Statute it shall be interpreted the gift of the Ter-Tenant and the confirmation of all others that assent to the Act for if it should be adjudged the gift of another person the Parliament should do wrong to the Ter-Tenant to take away the Land and make another to give it Sir The application is easie and familiar to your Grace who well remembers the great Solicitations that was made to get into this Clause it was lookt on as the Ark for those who could not endure the Examen of Innocency and being nocent found themselves bound by the Act to be concluded by taking out of Lands in CONNAUGHT in compensation of their former Estates they very well understood that the Gate of Innocency had no flaming Sword over it to keep any from entring As great and powerful Provisions are made for such persons as Wisdom could contrive but the Law presupposeth every man knowing own Estate and condition best will not make an election to his prejudice but if he do and that election is executed by an Act of Parliament he is bound for ever Hob. 256. it is thus Note an Act of Parliament hath every mans consent as well present as to come and he may be an Authour of his own hurt also he must hold as the Act gives it having power to bind every mans right finally or Sub modo and therefore if any person by his application to the King when out of his Princely favour hath granted his Request though thereby he hath re-intrencht himself of a provision otherwise held out unto him he must lay his hand upon his mouth and own the inconvenience to arise from himself It hath been judged that License for alienation by Parliament takes away the Fine otherwise by Law due to the King The like in case of partition by Parliament between the Co-heirs of the Lord Latimer 1 Le. pl. 113. the reason is given there for that the Queen her self is party and principal Agent and therefore against her own Act she shall not claim the Fine And shall an Act attatch the Revenues of the Crown that are firmamentum belli ornamentum pacis and yet a private person avoid and make illusions a Statute for which himself hath been a suiter and to which upon the passing of it he hath personally given his vote Ecce mode mirum Sir Nothing is more favoured by our Law then a Remitter and even that upon construction of the Stat. 27 H. 8. that ancient priviledge of the Common Law is so over-ruled that the person taking by the Statute in most cases shall not be remitted and if a Statute by construction layes aside the indulgence of the Common Law in publick settlements à fortiori it will bind private Interests particularly exprest In the next place I must observe That all the clauses relating to these particular persons though they are in the affirmative yet being directory as to the form and manner of their restauration viz. That they shall be restored from the time that such Adventurers or Souldiers shall be reprized c. and viz. observing always the further cautions and provisions in our said Declaration expressed reserving to the said persons restauration pag. 38.12.19 Act they carry in them a negative for it is a Rule That all Statutes that limit a manner and form in execution of matters that were not so by the Rules of the Common Law though they be in the affirmative they are in substance the negative as if it had been exprest That it shall be done in the manner and form and no otherwise so it hath been adjudged upon West 2. c. 4. that gives Quod ei deferunt and that the Demandants may Vocare ad warrantum as si essent tenentes that is as much as if it had said Et nullo alio modo and so 11 H. 7. c. 20. where it is said he shall enter enjoy and possess the Land according to his title in them it shall be understood according to his title and in no other manner Plowd 113. Now to restore an Nocent that is one guilty of Rebellion to his former estate certainly will be granted it is not agreeable to Common Law why then when this Act particularly names some of them and that under the character of Nocent persons and presents the way order and means of their restauration not once but through the texture of the whole Act it must needs rationally follow that it is intended and no other way The Act saith You shall observe the Rules for their restauration what is the Rule it is this after a previous reprisal but if you take him out of this clause and put him upon Innocency then he is to be restored before a reprisal I humbly ask How is the Act answered that sayes Thus it shall be No saith the Court it shall be thus And by saying so a great part of the Act is made to signifie nothing nay tha● part of the Act upon which the Protestant Interest wholly depends for that being observed they are sure to have their penny or pennyworth the Estates they now enjoy or reprisal which by the plain and genuine construction

Evidence against her own Husband Privilegium non valet contrarempublicam A Master of a Ship laden with Merchants Goods may cast them over-boord but if he be laden with Ammunition Ordinance c. of the Kings to relieve his Army or Gartison he cannot justifie to fling them over-board though the Vestel and Mariners lives are at the stake Bacons ma. pag. 17. But is not the set●lement of the Kingdom of more worth and that depends upon the faithful discharge of Evidence then a particular Garrison Propos 18. That where any person or persons provided for to be restored by particular name to any Estate that such person or persons shall not be admitted to claim the same under or by any other way or means then is laid down in such Clause in the said Act wherein he or they are so particularly named May it please your Grace this humble Proposal is one of the Poles upon which the Act of Settlement moves and it hath its particular aspect upon the Clause in page 21. of the Act in which several persons are particularly named and afterwards it is said thus viz. We do hereby declare That they and every of them without being put to any further Proof shall be restored to their former Estates according to the Rules and Directions in the last fore-going Clause of this Our Declaration concerning such as continued with Us or served faithfully under Our Ensigns beyond the Seas Now Sir we have considered that fore-going Clause VIZ. That such persons shall be restored to their former estate a Reprize being first assigned and legally set out of the remaining forfeited Lands undisposed of to such Adventurer or Souldier or other person before named of equal value worth and purchase to the Estate out of which such Adventurer or Souldier or other person aforesaid shall be soremoved So that it appears clearly none of these persons are intended by the Act to be restored without a praevius Reprisal first set out And they are as to the manner of their Restitution placed in the Catalogue of those that served beyond Seas under his Majesties Ensigns Though nothing can be clearer yet Sir be pleased to observe how in order to the Design of this Clause several other Clauses in the Act are particularly framed for the execution of it In page 26 of the Declaration where the Rules of Precedencies in restitution were set down they are included in the provision made for such as served abroad c. or otherwise they were totally left out But it was but reasonable since their manner of Restitution was limited according to the resti●ution of those that served abroad that they should be included with them and it had been meer surplusage to have men●ioned them Now Sir to proceed in page 37. of the Act there is a particular Clause for the further making the former Clause practicable viz. In the next place you are to take care that the Adventurers Souldiers or other persons possessed of any of the Estate or Estates of such persons to whom We have by our said Declaration assigned a particular favour and are in a distinct branch thereof by Name expressed be Reprised as in our said Declaration is expressed and the said persons restored to their former Estates from the time that such Adventurers or Souldiers shall be so Reprised And be pleased Sir to observe least this intimation might not be directory enough it concludes observing always the former cautions and provisions in our said Declaration expressed referring to the said persons restoration that is pag. 20. A praevious Reprisal being first set out One might think here were a particular Act of Parliament from themselves assertaining under what terms they were to enjoy their Estates But in the perclose of the whole Act pag. 118 119. Provided also and be it further Enacted by the Authority aforesaid That in case Reprtsals shall fall short whereby persons mentioned and appointed in the said Declaration and this Act to be restored without being put to any further proof This is the Character that denotes the same persons cannot or shall not obtain or receive the full benefit intended them Sir be pleased to observe there was no other benefit intended them then it shall and may be lawful for the Lord Lieutenant or other chief Governour or Governours and Council for the time being and they are hereby authorised to order appoint and make distribution amongst them of the same satisfaction or restitution allotted them in such proportion and method as they shall judge most equal and just consideration being had of the conditions and pretences of the several persons concerned Nevertheless according to the Rules and Directions of the Declaration concerning them in all other Points and particularly of that of Praevius Reprise or Reprisals which Order and appointment of theirs shall be final and observed by the Commissioners appointed or to be appointed for the execution of this Act any thing therein contained to the contrary in any wise notwithstanding Thus Sir your Grace sees how the Interest of these persons so named is fenced and bounded throughout the Act so that indeed the final determination of their Interest cannot be adjudged no nor the Interest of any one of them assertained till the value of Reprisals appear before your Grace and Council and then your Order shall be sinal and directive to the Commissioners And it closeth home with Any thing contained to the contrary notwithstanding Now though this be so they are beginning to leap over the hedge and putting in the strongest fore-mast and wave all these Clauses and put in their Claims upon the account of Innocency upon which they had once an election to have relyed upon but now it is determined by this Clause The reason that induceth them is plain for if they should be judged Innocents then they are restored without any consideration of Reprisal If they be judged nocent then they will keep this Clause for a Retreat But Sir I am commanded by the House of Commons humbly to offer your Grace their Opinion that this is contrary to the whole course and reason of Law in the general and very illusory to the main Design of the Act and in the opening this Point I have command to be an humble Suitor to your Grace for your patience his Majesties In●erest as to his Revenue and the Protestants Interest being so highly concerned 1. Sir We presume it will be allowed That an Act of Parliament binds all persons for all persons are parties to it 21 H. 7.4 nay my Lord Cook Institut 4. p. 4. tells us that multitudes are bound by an Act of Parliament which are not partie to the Elections of the Knights Citizens and Burgesses as all that have no Freehold 2. Freeholders in ancient Demeasn 3. All Women having Freehold or no Freehold 4. Men within age c. A fortiori then those are bound by this Act to which they themselves in person have given their assent