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	hereditament_n	tenement_n	1,902	5	10.2775	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A27455	An argument shewing that 'tis impossible for the nation to be rid of the grievances occasion'd by the marshal of the King's-Bench, and warden of the Fleet, without an utter extirpation of their present offices with proposals for a new constitution of those offices by way of letter to a member of Parliament.	J. B. (John Berisford)	1699 (1699)	Wing B1962; ESTC R5834	20,197	36

may be done especially when the Statute hath by so strong an Implication given the Court Power and Authority to make such another Rule if they think fit I shall Conclude this Head with an Observation how much this Modern Practice of letting Prisoners go at Large by Day-Rules differs from the Ancient Usage for in the Year-Book of the 39 Hen. VI. 33. is this remarkable Passage That the Court of King's-Bench used every Term Once or Twice to send the Coroner to the Marshal's Prison to see all the Prisoners and if any of them were wanting he Mark'd their Names in a Book and Inform'd the Judges of it and upon this the Court would ask the Marshal what was become of his Prisoners and if he could not shew a sufficient Cause to Excuse himself the Court did Record the Escapes of every one of 'em upon him A very laudable Custom and if it were Revived at this Day we need not be asham'd of the Old Fashion But this would Redound too much to the Marshal's disadvantage who by these Day-Rules alone may easily get Two Hundred Guinea's a Term for tho' the Prisoners have a Rule which the Marshal himself is very Solicitous to procure for 'em yet there is no Stirring without coming to some Agreement with him and suppose the Bargain to be struck up for a Hundred Prisoners at Two Guinea's a Head it comes to that Sum and all that he pays out of these Vast Perquisites is only a few New-Years-Gifts and such like Trifles perhaps the Clerk of the Rules may also have a small Acknowledgment for his great Favours Sir by this time I hope you are satisfied That the Commencement of this Act hath but an indifferent Aspect and for this reason I do not expect any great Benefit from the other parts of it for we have this Maxim in the Law Quae malo inchoata sunt Principio vix bono peraguntur fine and I doubt this will Appear too Obvious when we come to consider the Conclusion of this Act. But by the way I cannot but take Notice of that Clause by which all Conveyances and all Trusts and Declarations of Trusts c. any way relating to the Offices of Marshal or Warden are to be Inrolled The Mischief at Common Law was that there were so many Secret Trusts of those Offices such frequent Shiftings and Transferrings of the Mortgages and other Securities to which the Profits were Subject that 't was Morally Impossible for the Plaintiff to know against whom to bring his Action or to have any Remedy And there were always Private Articles between the Superiour Marshal or Warden or the Person who had their Interest and the Temporary Marshal or Warden who did actually Officiate by which the Rents and Profits were totally Reserved to the Superiours and the others were Obliged upon all Occasions to follow their Directions and to give up and Surrender at Command So that these Underlings have all along been only Servants and meer Tools nothing but Statues set up to receive the Shot of the Creditors and to Skreen their Masters from any harm and when one is Pierced thro' and thro' down he Tumbles and another such Logg is Advanced in his Room But besides there is this to be Considered That tho' the Plaintiff does know who is the Superiour Warden or Marshal or to whom the Profits of these Offices are Subject or Conveyed in Mortgage or in Trust c. yet whether this Knowledge would now better his Case in respect of any Action to be brought or of his having any other Remedy 'T is true the Stat. of Westm 2 Car. 11. is express That where the Inferior Officer is not sufficient his Superiour shall Answer for the Escape of the Prisoner and that was the Duke of Norfolk's Case 39 H. 6.34 But against whom shall this Action be brought If against the Superiour you 'll have the same Effect as if it were against the Inferiour for the Proverb is here Inverted it being Like Man like Master you can have nothing but Bones if you can have that from either of 'em Briggs and Lenthall are of the same Leanness tho' one seems Plumper in the Face than t'other for the Reversion of these Offices is not so Clear and Free as it was in the good Days of Henry the Sixth It has been long since Loaded and Incumbred with Mighty Burdens it is ready to Sink and Expire beneath the Weight of ' em So that the Superiour's Interest being so far involv'd in Mortgages and other Incumbrances let us see whether you have any Remedy against the Persons who Claim under those Titles and I conceive there is none for in your Action of Debt against any of them you must Declare according to the Statute That since the Custos Gaolae non habeat unde solvat respondeat superior suus qui Custodiam hujusmodi Gaolae sibi Commisit c. But the Mortgagee or Trustee is not the Superiour Marshal or Warden neither did they know who Committed the Custody of the Goal for they concern themselves only for the Profits and not about him who actually Officiates Besides this would be Confounding Jurisdictions and Mixing the Courts of Common Law and Equity together for Mortgages and Trusts are the proper Objects of a Court of Conscience And indeed as I conceive Estates in Trust were not Subject to any Judgment Statute or Recognizance at Common Law until the Statute of Frauds and Perjuries by which it is Enacted That the Sheriff may make and deliver Execution of all such Lands Tenements and Hereditaments as any other Person or Persons be in any manner of wise Seized or Possessed in Trust for him against whom Execution is Sued as the Sheriff might have done in Case the Party himself had been actually Seized c. So that since this Statute if any Person had been Seized of the Reversion of these Offices in Trust for the Superiour Marshal or Warden no doubt but it would have been liable to Execution as well in the Hands of one as t'other But this is not our Case for the Trustees here are Seized in Trust for the Mortgagees or other Persons who Claim under the several Incumbrances with which these Offices are Charged by the Superiour Marshal or Warden So that tho' these Titles are Inroll'd yet they afford the Creditor but a Melancholly Prospect since they are wholly Exempted from and in point of time Prior to his Action and consequently must Command Precedency And for the same reason the mighty hopes of speedy Justice which People had Conceived of the Sequestration Clause are also Vanished The words of it are as follows The Judges shall after Oath made that the Judgment was obtain'd without Fraud upon Motion Sequester the Fees and Profits of the Office of Marshal and Warden and in the first place apply the same towards Satisfaction of the Debt or Debts due from the Prisoner who Escaped This indeed as well as the last Clause I mention'd