Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	heir_n	life_n	tenant_n	2,811	5	9.7331	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86467	The grand question concerning the judicature of the House of Peers, stated and argued And the case of Thomas Skinner merchant, complaining of the East India Company, with the proceedings thereupon, which gave occasion to that question, faithfully related. By a true well-wisher to the peace and good government of the kingdom, and to the dignity and authority of parliaments.	Holles, Denzil Holles, Baron, 1599-1680.	1669 (1669)	Wing H2459; ESTC R202445	76,537	221

their Misdemeanors and wrongs done to Skinner and in adjudging them to give Skinner Reparation for it The 3d President was that of william de Valentia and Isabell de Mareschal in which the Lords observed the dismission to have been only ad proesens But withall observed that the bare reading of the Case in the Book will satisfy one of the Jurisdiction of the Peers to retaine such Causes It sayes That William de Valentia had at the fore going Parliament been Ad querelas Isabellae le Mareschall allocutus et ad rationem positus impleaded and put to Answer by what right he assumed such an Office and such Power in the Hundred of Hosterelegh and that he then alleged he did it in the Right of his Wife and that it being his Wifes Inheritance he ought not to be put to answere without her Ita quod datus fuit dies ei ad hunc diem ad Parlamentum Domini Regis viz. a die Paschae in ires Septimanas And then his Wife and he appeared by their Atturney and after pleadings The Judgment is Quia praedicti Willielmus Et Johanna sunt in seisina de praedicta Jurisdictione et de Haeredicate ipsius Johannae per descensum haereditarium et non per Usurpationem seu Purpresturam c. Consideratum est quod eant inde sine die quoad praesens Et Dominus Rex habeat Breve si voluerit c. The Lords knew they had Jurisdiction else they would have dismissed the Cause the Parliament before and not have adjourned it to the next Parliament upon that ground to make the Wife a Party as we see they did And whereas the Commons had upon this President observed that if there had been Crime in the Case as Usurpation or Purpresture then they acknowledged that in such Cases the House of Lords did usually proceed and try them but withall added That if that were the question much might be said how the Constitution of Government hath been since altered So as they soon retracted their admittance of but so much of the Lords Right and what they had given with their right hand they would soon take again with their left But first for their Concession of Judging Crime the Lords say that suffices for their Jndemnity as to what they have done in this particular Case of the East-India Company and Skinner for here is Crime sufficient and Usurpation and Purpresture taking them in the larger sence for invading any other mans Right and not only where the King is concerned as those termes are taken some times And then for the Qualification of their Gift upon the Change and alteration of the Government The Lords Answer That when they shew the Time when that alteration was made and the Persons by whom and the Manner how if Legally done they shal then believe submit and not till then But they never heard of any thing that till now so much as looked that way except that Vote of the Assembly called the Rump which declared the House of Lords useless and dangerous and therefore to be abolished and taken away and by a Clubb Law they did take it away But even they that passed that Vote and did make that Clubb Law thought the Judicature necessary and fit to be continued for they immediatly assumed it to themselves and fairely voted themselves into that Power by the Name of the Commons of England the very same Title that the East-India Company do now make use of in their Petition to the House of Commons To the 4th of Roger de Somerion prosecuting for the King and complaining of the Prior of Buttele for unjustly withholding from the King the mannor of Somerton And the Judgment upon it Ideo praedictus Priot quo ad hoc eat inde sine die ad praesens The Lords say it is but a Temporary dismission as the others were and signifies nothing as to the point of Jurisdiction And they wish the Commons would have pleased to cast their eye upon the ensuing Case in the same leafe of William de Valentia again and of him upon the same occasion concerning his Wifes Inheritance as formerly where there is not a Dismission of the Cause as formerly but a determination of it and that determination again referred unto and confirmed by a suceeding Parliament to shew that the House of Lords sometimes would and sometimes would not Judge and determine such causes as were brought before them That Case was thus William de Valentia Complaines of the Lords of the Counsel for admitting during the Kings absence beyond the Seas one Dionisia a pretended Daughter of William de Monte Caniso Tenant to the King of Lands held in Capite and formerly enjoyed by her Father in his life time Whereas his Wife was true Heire to that William and the Land belonging to her The Lords of the Councel justifie what they have done say that Dionisia was notoriously known to be the true Daughter of that William and that the Bishop of Winchester in whose Diocess she was born testified it The Judgment is Ideo videtur domino Regi quod praedictus Comes Thesaurar Alij de Consilio bene et rité processerunt It is not now sibi perquirat per Breve de Cancel They do not referr him to the Chancery as they did in the other Case This was in 18 E. 1. In 20 E. 1. p. 103. he comes again to Parliament and renues his Complaint and that Judgment given before is confirmed the words are these et de alijs Petitionibus suis viz. De hoereditate Willielmi de Monte Caniso petenda et etiam quod procedatur juxta Bullam quam jidem Williemus et Johanna impetrarunt ad inficiendum Processum perquod Dionisia filia proedicti Willielmi Legitima censebatur alias eis responsum fuit viz. in Parliamento post Natale Domini Anno 18. ut patet in Rotulis ejusdem Parliamenti Ad quam Responsionem se teneant c. Nothing can be clearer then the continual practice of this Jurisdiction in the House of Lords whensoever they pleased Not that it hath alwaies pleased them to trouble themselves with exercising this Jurisdiction their time having been so taken up some times with businesses of a higher Nature that they could not attend it so as many times they have tyed up themselvesby an Order of the House not to receive any private business As in the Close Roll 18 E. 1. There is a memorable Order to that purpose I will set it down at length in the very words which are these Pur ces Ke la gent Ke venent al Parlement le Roy sunt sovent destaez et destourbez a grant grevance de eux e de la Curt par la multitudine des Peticions Ke sunt botez devant le Roy de quevx le plus porreient estre espleytez par Chanceler et par Justices purveu est Ke tutes les Petitions Ke tuchent le sel vegnent primes al

any body else perhaps I say even some of them should they prevail now may hereafter repent it and wish they had not removed an Ancient Land Mark which heretofore was in Veneration and looked upon as that which bounds both power and Liberty and is a guard to both by keeping both within their due limits and hath ever been held most necessary to the Constitution the Government of this Kingdome for the Preservation of it and as servicable to Monarchy for the keeping up of Regal Dignity and Authority as usefull to the subject for the maintaining of his just Liberty and Freedome But let us go on with the Conference and see what was said by the Lords to the Presidents cited by the Commons To the first of John de Insula against the Bishop of Winchester the Lords said it was no dismission of the Bishop for want of Jurisdiction for then it would not have been said Eat inde ad praesens but rather ad perpetuum This is but a Temporary dismission no more but as if they had said Well the Bishop saith he was seised of that advowson in Right of his Church Let the King for whom John de Insula prosecutes take his Writ out of the Chancery and try for that And for the Ejection Complained of let that be tryed by a Jury of the Country and see if things can be so ended If not come again then and we will hear you But for the Present we dismiss you So the Lords concluded That this President made nothing against their Jurisdiction To the 2d of Hugh de Louther and the Heire of Edelyngthorp upon which the Commons did so much insist and particularly upon the expression Nec est Juri Consonum nec hactenus in ista Curia usitatum c. The Lords said That neither this President well examined would make much against them For that Adam concerning whom and upon whose occasion that was said was not at all before the Lords as a Partie in the Cause before them but came in of himself unsent for unlooked for layes in a claime which the Lords of that Parliament had not heard of before nor did at all then question So as it cannot be said that there was any dismission of him or of his business But the Lords say Let him pursue and recover his Land by a Writ out of the Chancery if he will and that he sees it convenient for him si sibi Viderit expedire and they go on to determine the business which was before them The Case was thus Thomas de Normanvil an Escheator had order concerning Hugh de Louther for certain Lands then in his Possession which had been seised into the Kings hands as held of him in Capite formerly by Henry de Edelyngthorp to whom one Eston had granted them and to the Heirs of his body lawfully begotten and having none to returne to Eston under whom now Louther claimed The order was That Louther should give Pledge to come and Answer at that Parliament for the profits of those Lands to the King Louther comes as he was bound and at the same time one Adam comes also pretends himself to be Son and Heire to Edelyngthorp and demands the Land Louther said he is a Bastard and the Lands belong not to him And the Lords they say they have nothing to do with him let him sue for his Land where he thinks best and so send him away But Louther they adjudge to do his homage and to be Answerable to the King for the Rent And for the Title of the Land What do they do they let it alone and meddle no more with it as a thing not at all within their Cognizance or Jurisdistion Nothing less They Command the Escheator Normanvil to make enquiry upon Oath if Edelyngthorp had any Heire lawfully begotten who he was and upon what Title he claimed and to give on account of it at the next Parliament Ita quod idem Escaetor ad proximum Parlamentum post Festum Sancti Michaelis Domino Regi distinctè et apertè inde respondeat So as the Lords then were farr from thinking they must not meddle with such things And for that expression of Non est consonum c. rendred as the ground of that Judgment of dismission First it is answered it was no Judgment at all not only of dismission for Adam was no party in the Cause Then it is no part of the Judgment if there were a Judgment but precedes it The Judgment such as it is or rather the Answer to Adams demand followes in these words Dictum est praedicto Adae quod sibi perquirat per Breve de Cancellaria si sibi viderit expedire So as the preceding words may perhaps have been but inserted by the Clerk that entred the Order But take it at the strongest Admit that the Lords then present in the House had inserted those words as their sence at that time Is that binding to the House that it may not be of an other opinion at an other time In that very Parliament of 18 E. 1. How many times have they been of an other mind How many examples are there of Particular Causes Judged and determined by them And shall one Swallow make a Summer one single President overballance multitudes of Presidents to the Contrary In the last place it was said That this President did not Quadrare sure with this present Case of Skinners fort at was meerely concerning a Liberum Tenementum and within the Realm where the Law had free Course here is Rapine Oppression Spoiling of goods dispossessing one of an Island in Fortein parts extra potestatem Legis assaulting the Person of a fellow Subject a violent Interruption of the trade and commerce of the Nation Which concernes the Government of the Kingdome is a matter of State and highly entrenches upon the Authority of the King which will suffer much if he suffer one subject to exercise a Tyrannicall Dominion over an other though in an other Country And is against the profit of the King which is much concerned That no violence be used in the management of trade to bring a Scandal upon the Nation make it stinke in Forrein parts that none will have to do with us which must needs become the ruine of our trade and so of all His Customes If one Merchant do that which is prejudicial to an other or to a Company let them Complain of him to the King who will command him home and punish him And if he will not come for that may be objected being so farr off out of reach then the King will give them leave that are wronged and grieved by him to right themselves But that they should do it of themselves and in their own Case be Judges Witnesses and Executioners against all reason and Justice So the Lords were not at all convinced with this President neither but still thought they had done very well in Censuring the East-India Company for