Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	good_a	lease_n	rent_n	1,458	5	9.8141	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59706	Action upon the case for slander, or, A methodical collection under certain heads of thousands of cases dispersed in the many great volumns of the law, of what words are actionable and what not and of a conspiracy, and of a libel : being a treatise of very great use and consequence to all men, especially in these times, wherein actions for slander are more common than in times past : with an exact table annexed for the ready finding out of any thing therein / by W. Sheppard.	Sheppard, William, d. 1675?	1662 (1662)	Wing S3173A; ESTC R30143	259,716	226

double intendment doubtful meaning or the like no Action will lye upon them It is therefore agreed That if I have Land and am about the sale of Sect. 2. it in treaty with another or about to settle it on a Marriage and one that hath nothing to doe with it or makes no title to it shall say That I have no title to the Land or I have no right to it or I can make no good estate of the Land or that it is anothers Land or that another hath such an estate in it and set forth such a one as will disable the estate that I am now about to make this is Actionable As if I bee a Copy-holder for life of Land in a Mannour and the Lord is making a Lease of it after my life and is bid five hundred pound for it and I shall say I have a Lease for years of it after my life made by a former Lord this will be Actionable Coo. 4. 18. Croo. 2. 397. 337. Owens Rep. 32. Pophams Rep. 187. Croo. 2. 163. Yelvertons Rep. 88. Croo. 1. 99. But if it be so that I have only a purpose to sell it or to settle it upon Children and any man speaks such words about it this will not bear Action Croo. 2. 397. 337. 444. Pophams Rep. 187. Owens Rep. 32. Croo. 1. 99. And if one that claimes this Land as his owne shall say It is my Land or I have a Lease of it or the other hath no estate in it or hath no right to it or the like this is not Actionable Coo. 4. 18. so if I pretend Title to Land as Heir and another claims it as Heir and I say He is a Bastard and I am next Heir this is not Actionable Coo. 4. 17. Yelverton Rep. 80 88. And if a Counsellor shall say That his Clyent hath the better right to the Land or shall use other words in the course of his pleading pertinent and necessary to be said in order to the advance of the cause no Action will lye for this Coo. 4. 17. Trin. 25. Eliz. B. R. Banisters case If I have a Copy-hold of Inheritance within the jurisdiction of the Court of another and he saith That I have not any Title to those Lands if by this I have no special prejudice no Action will lye for it Croo. 1. 99. and yet if such a one that hath no Title to nor estate in it himself shall say that another hath an estate in it or title to it who hath no good but hath a colourable estate or title in it this will be Actionable so it is to say in such a case I know one that hath a Lease of the Land and hée will not part from it at any rate Mich. 37. 38. Eliz. B. R. Pennimans Case Mich. 20. Jac. Elborrows Case Croo. 1. 99 100. Croo. 2. 397 422 642. Croo. 4. 17. Coo. 1. 175. And if two have Leases of the same Land and hée that hath the last Lease which is not good shall say That the Land is his and the others estate is not good this is actionable Coo. 1. 175. Coo. 4. 18. And if I be about to sell my Land and J. S. shall pretend to and shew a Lease of it and it is counterfeit and hée know it to be so this is actionable Coo. 4. 18. So if a woman shall publish a Lease of the Land of another as made by her Husband and shall know it to be forged if by it the party have any special loss hée may have this action Coo. 4. 18. So if I bée about to sell my Land and another man shall say the Land is conveyed to J. S. and is his Land or that hée hath a Lease of it for years or the like this is actionable And so it is albeit there be a conveyance or Lease made to J. S. in truth if it bée not a good Conveyance or Lease in Law Coo. 1. 175. Coo. 4. 18. But for these words I had rather to buy the title of the younger Brother than of the elder Brother and the Plaintiff and that hee had seen an Indenture to lead the uses of a Fine whereby it did appear that the Plaintiff had no authority to sell the Land no Action will lye Crush vers Crush M. 3. Jac. B. R. And so it hath béen agréed That an Action will lye in the Cases following To say a man is a Bastard and not a rightful Heir to Land As I have Land as Son and Heir of J. S. and another shall say of mée I am a Bastard if by this I suffer any special prejudice there is no doubt I may have this Action against him Croo. 2. 642. And if I bée Heir apparent to my Ancestor who intends to settle his Land upon mée and by occasion of these words hée doth give it away from mée I may have this Action against him that speaketh the words Croo. 2 Bastardy 642. Croo. 2. 213. Godb. Rep. 421 451. pl. 519. Bulstr 2. part 90. Nay it séems the Law is That if one shall say of mée that I am a Bastard albeit I do not claim any Inheritance or to be Heir to any one person in certain and albeit I have not any present or special damage by it yet that these words are actionable Croo. 2. 642. Croo. 2. 213. Godb. Rep. 421 451. pl. 519. Bulstr 2. part 90. And if I have but a remote possibility of Land as where an entail is of Land on my Father and the Heirs of his body whereof I am the youngest of many and hée is about the sale of this Land and I am bid mony for this possibility and then one shall say of mée I am a Bastard and after that the Purchaser refuse to give mée any thing for my possibility in this case I may have this Action against him for it Croo. 2. 213. Godb. Rep. 421 451. pl. 519. CHAP. IV. Of the Scandalum Magnatum SCandalum Magnatum is a wrong done to some eminent person of the Scandalum Magnatum What. Land as Duke Earl Baron Chancellour Treasurer Privy-Seal Justice of the one Bench or of the other by false news or false messages whereby debates and discords betwéen them or any scandal to their persons Sect. 1. may arise Stat. 2. R. 2. chap. 5. Westm 1. chap. 34. In this Case the party defamed may have his Action in the name of the The punishment of it King and his own Name upon the Stat. of 2. R. 2. And hereby shall recover damages for the wrong and the party may also be otherwise punished And if the slander be divulged in the nature of a Libel it is punishable by Indictment and great Fines are imposed for this offence for that the reproach of such persons is the reproach of the King and State it self Coo. 5. 125. Old Book of Entries 593. Crompton Jur. 35. 19. 13. For the knowledge of this wherein this Action is given to a great

man For and against whom and where this Action will lye or not for such a wrong these things are to bée known 1. That the King is within the Statute of Westm cap. 34. but not within the Statute of 2. R. 2. cap. 5. and 12. R. 2. cap. 12. Dyer 155. 2. That the persons that are to have this Writ are declared to be Prelates Dukes Earls Barons and other Nobles and Grandées of the Realm and also the Chancelour Treasurer Clerk of the Privy-Seal Lord Guardian of the Cinque Ports and of the Kings Privy-Council Steward of the Kings Houshold Justice of the one and of the other Bench and other the great Officers of the Realm 2. R. 2. cap. 5. Westm 1. 34. Dyer 155. in Hetleys Rep. 55. 3. That for this it matters not for the manner of contrivance or publication How this slander may be contrived and published of it which way the words or reports be published either by spéech or writing either spoken or written from a mans own knowledge and from himself or by the report of another And by writing either delivered to the party himself or to another or hanged up in any open place or by Libels or by any other extrajudicial way whatsoever See in Hetley Rep. 55. But this lyeth not against any man for any thing done by him in a judicial way as for bringing a Writ or for having a Suit for forging of déeds or other Cause in a legal way or for preferring and prosecuting of a Legal Indictment or an Appeal of Murder Robbery or the like offence albeit the Charge be false And whiles the Starr-Chamber-Court was in being a Bill might have béen brought against any such great man for any thing whereof the Court had Conusance as against another but for preferring any Charge in that Court for any thing whereof the Court had not Conusance a man might have had this Action Or for a Conspiracy to indict such a man the Defendant or party indicted may have the same remedy against the Plaintiff and Conspirators as another man may have Crompt Jur. 13. Coo. 2. part Iust 228. Coo. 4. 14. Fitz. Disceit 35. Dyer 285. Kelw. 27. in Hetley Rep. 55. For what this Action may bee laid Or not Sect. 2. 4. For the Matter and Quality of this Slander take this That the words or rumours uttered against great men for which this Action is given 1. Must be false and horrible 2. Such as by which discord or slander may arise betwéen the King and his people or the Grandées of the Realm Westm 2. cap. 24. Or between the Lords and Commons 2. R. 3. cap. 53. by which great peril and mischief may come to all the Realm 3. Such as tend to the destruction of the Realm Coo. 12. 134. And if any do hear or shall hear any such words by the report of another it will not be safe for him to report them again Coo. 12. 136. It hath béen adjudged and resolved for the words uttered as in the Cases following viz. For saying Thy Lord is a Traitor and I will prove him a Traitor Vicount Sayes Case In Leyes Rep. 82. Croo. 1. 96. And for this My Lord of Winchester sent for mee and imprisoned mee till I entred into bond of twenty pound to the Kings use The Bishop of Twenty pound Winchesters Case Croo. 1. last publisht See it in Leonard Rep. 336. 2. H. 8. So for saying My Lord is a base Earl and a paultry Lord and keepeth none but Rogues and Rascals like himself Earl of Lincolns Case Trin. 5. Jac. B. R. Yet see Croo. Rep. 2. 196. So for saying You bring in Jesuits and Papists into the Realm c. Earl of Northamptons Case Coo. 12. 136. So for saying You maintain sedition against the Kings proceedings Or you uphold and countenance them that do so Coo. 4. 13. So for this You are a Traitor to your Prince or Rebel against him Lord Monteagles Case M. 9. Jac. B. R. So for this It is your grief that you are a subject County of Salops Case M. 40. 41. Eliz. B. R. So for this You charged them that transport or import Merchandizes to or from such a place that they should not pay custome for it nor suffer the customers to search them Old Book of Entries 593. So for this You have no more conscience than a Dog so you have goods you care not how you come by them Duke of Buckinghams Case M. 4. H. 8. Rot. 659. Or to a Chief Justice You are a Corrupt Judge Cromp. Jur. 35. So for this You said you would wind my guts about your neck Lord Abergavenie's Case Cromp. Jur. 13. So also it is thought of these words You are used to do things against Law to impound the Subjects beasts and keep them in a Castle that they cannot be replevied but to say that hée did so once will not bear an Action Duke of Buckinghams Case So for this You have sent Commissioners to spoil the Country where hée sent Commissioners to make Leases of his Land and improve his Rents Duke of Buckinghams Case So for this My Lord of Abergavenie sent for us and put some of us in the stocks sent some of us into the Gaol and put some of us into the house called Little Ease Hill 19. Eliz. the Lord Abergavenies Case See it in Croo. 1. last publisht 192. and Leonards Rep. 336. And so generally of any words of an ordinary mans spoken will give him an Action being spoken to such an eminent person will much more give him this Action Coo. 12. 132 134. Leys Rep. 32. But it is said It will not lye in these Cases and for these words following viz. The Earl of Lincolns men by his commandment did take the goods of one Hoskins by a forged warrant because it was not said hée knew the Warrant to be forged Goldsb 115. See more of this Subject Leys Rep. 82. In the Case of the Earl of Northampton Mich. 10. Jac. B. R. It was as it is said amongst other things resolved in the Starre-chamber 1. That the publishing of false Rumours either concerning the King or of the high Grandées of the Realm may in some Cases be punished by the Common Law So as 1. The words and rumours be false and horrible by which discord or slander may arise betwixt the King and his People or the Grandées of the Realm West 2. cap. 24. or betwéen the Lords and Commons 2 R. 2. cap. 53. by which great peril and mischief may come to all the Realm 2. The persons against whom the words be spoken must be Prelates Dukes Earls Barons and other Grandées and Nobles of the Realm and also the Chancelour Treasurer Clerk of the Privy-Seal Steward of the Kings houshold Iustice of the one and of the other Bench. 2. R. 2. cap. 5. Westm 1. 34. Dyer 5. 2. It was resolved that if one hear such false and horrible rumours either of the