Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	manor_n	tenure_n	1,341	5	12.5333	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

than of a particular Act for a particular Person for this Act is not general but particular in a generality That all Corporations c. or that all Lords or all Bishops shall have such a Thing c. But where an Act is general and extends to every Man this ought to be pleaded 13 Eliz. 4.8 A particular Act was made that the Chancellor calling to him a Justice may award a Subpaena against A. and B. and make Fine of the matter there all the Justices besides Littleton would not award a Subpaena General but a Special one making mention of the Act for a particular Act shall be taken strictly and a general Act for the Publick Good shall be construed largely 14 Eliz. c. 41. Every one shall be bound by an Act of Parliament if his Right be not saved for every one is privy to an Act of Parliament 21 H. 7.4 by Vavisor The Statute gives a Writ of Praemunire c. Yet one may have a Bill in the King's Bench in Custodia Mareschalli 2 R. 3.17 and the Statute of 1 R. 2. c. 12. gives a Writ of Debt against the Jaylor and yet the Party may have a Bill upon the Escape against him Com. 35. If the King be intitled to the Land of J. S. by forfeiture for Treason or Felony by Act of Parliament or Office by this all Tenures are determined as well of the King as of all others and there if this Land be afterward given to another by another Act of Parliament saving to others all Rights Interests Titles Rents Service and the like as if no such Act had been made there the Seigniories and the like are revived for no Seigniory was in esse at the time of the second Act made and so there are no Words of giving nor of reviving but Words of saving which serve not but to save that which is in esse at the time of saving c. But such Proviso in the first Act may serve for it comes with the Act that intitles the King and if the King is intitled to Land by Office by Escheat and after it is enacted by Parliament that the King shall enjoy it saving to all others their Seigniories and Hundreds there such saving will not serve for the Reason aforesaid for all was extinct before by Office and nothing was in esse at the time of the saving c. 27 H. 8. Parliament Br. 77. Note If an Act be general viz. Where it speaks as well within Franchise as without this shall bind a County Palatine 19. H. 6.12 by Hoddy Note Those Words that destroy Life and Member in Statutes are intended of Felony as the Statute of Westm. 2. c. 34. where a Man ravished a Woman espoused or Damsel that assented not before or after he shall have Judgment of Life and Member which Words have always been taken to be Felony without the word Felony mentioned in a Statute and so the Statute de frangentibus Prisonam 1 E. 2. Coron Br. 204. 9 E. 4.20 If a Felon be pardoned by Parliament and pleads not Guilty he shall not have a Writ of Conspiracy for the Felony was gone before by the Pardon Fitzh Nat. Br. in the Writ of Conspiracy there In a Replevin the Defendant justifies as under Sheriff of London by a Fieri facias to levy the Expences of the Knights of Parliament amounting to c. And every Hundred was put in certain and W. one of the Towns of such an Hundred was rated 10 l. and he as under Sheriff took the Cattel in the Town in such a Place and the same Beasts he sold and paid the Knights and so avows c. And there by the Court he may take the Arms of a Man for the Duty of the whole Town and that those Boroughs which send Burgesses of Parliament shall not pay to the Expences of the Knights of the County unless there be a Prescription That the Tenants of the Ancient Possessions of Lords of Parliament have paid towards the expences of Knights of Counties But if the Lords purchase Lands de novo that are lyable to those Expences there the Tenants must pay 11 H. 4. Fol. 2. The Villains of Lords of Parliament that come to Parliament shall not be contributory to the Wages of Knights of the County that come to Parliament but the Lords shall have Letters in their own names directed to the Sheriff commanding him not to distrain their Villains c. F. N. B. fol. 229. If there be divers Sessions in one Parliament and the King signs not a Bill till the last there all is but one and the same day and all shall have Relation to the first day of the first Session and the first day and the last are but one Parliament and one and the same day unless special mention be made in the Act when it shall take its force but every Session wherein the King signs Bills is a day by it self and one Parliament by it self and shall have no other Relation but to the same Session 33 H. 8. Parliament Br. 86. Note If a Man in pleading alledge a Statute and misrecites it in the Matter or in the Year Day or Place the other Party may demurr generally because there is no such Law for every one that alledges a Statute ought to recite the Law truly but in the Kings case it may be amended and this in another Term otherwise in the case of a common Person 33 H. 8 Parliament Br. 87. A Man cannot prescribe against a Statute as in Trespass the Defendant prescribed to distrain for Tenure upon the Land holden and to carry the distress to D. in another County whereupon he was condemned for the Statute is that a man shall not take a distress in one County and carry it into another Marlebr 4. and W. 1. c. 16. 30 Lib. Assis. Pl. 38. Prescription Br. 50. And yet if a man hold Land in one County of a Mannor that is in another County he may distrain for Rent or Services of the same Land and carry the distress where the Mannor is and impound it there 1 H. 6.4 Vide Prescription Fitz. 58. 8 H. 3. c. 6 H. 8. Rot. 351. Ass. was awarded of Damages for the Plaintiff upon Certificat of the Bishop that the Tenant was a Bastard and the Parliament wrote to the Justices of Assize to cease and yet they proceeded whereupon the Chancellour reversed this Judgment before the Council and adjudged it in the same manner as it was upon the Certificat c. And then remitted it to the Justices of Assize that had proceeded and given Judgment for the Plaintiff for that the Bishop had certified the Tenant to be a Bastard and they took no notice of the Reversal before the Council for that is not a place where a Judgment ought to be reversed 39 E. 3. 14. Note After Judgments given in the Court of the King the Parties and their Heirs shall continue in possession till the Judgment

sworn in Ass. against his own Will and it was questioned whether he held by Barony to come to Parliament as a Baron and he said that he held by one part of a Barony and that he and his Ancestors have used to hold so time out of mind and after upon good Advise he was altogether discharged Exemption Br. 3. 46 E. 3.30 When an Errour is sued in Parliament committed in the Kings Bench a Scire facias shall issue forth to the Party to answer at the next Parliament and by Hankford in Errour sued there it is said that the Record must remain with the Justices and they send a transcript of it thither c. Error Fitz. 18. 8 H. 5. and Dier 375 the Record it self and a Transcript of it was brought into Parliament to be examined and the Transcript was left there Bagot was made a Denizen by H. 6. and after by a Parliament in the time of Ed. 4. All Acts done by H. 6. are repealed and annulled yet B. continues a Denizen for that he was made once a Denizen and there must be a special Act to annull that Denizenship Denizen Fitzh 1.9 E. 4. Note If a Peer of the Realm or Lord of Parliament be Demandant for Plaintiff Tenant or Defendant there must two Knights be returned of his Jury or else the Array may be quashed as appears in an Assize betwixt the Earl of D. and Newdigate Com. 117. Challenge Fitzh 115. 13 E. 3. and Dier 107. Vide Dyer 318. where the Defendant was proclaimed Earl of Kent by Descent pending the Writ and after the Earl challenged the Array for that he was an Earl and no Knight returned in the Pannel and it was not allowed for the admittance of both Parties is to the contrary and no default in the Sheriff for he had no notice of such estate of either Parties and note Dier 246. If there are divers Defendants whereof one is a Lord of Parliament and the Array is challenged for the Cause before this shall serve to quash all the Array against the other Defendants also for that it is intire The Statute of 4 H. 7. of Fines is penal because the Right shall be bound if he comes not in within five years after the Title accrued and for that the Statute is very beneficial for the repose and quiet of Land in Possession of the Subject it shall be largely expounded and therefore if the time Commence in the Father which is a stranger to the Fine to make claim within the five years and after he dies within the five years his Issue that is within Age shall be bound to pursue the rest of the five years commenced in the Life of his Father as it is adjudged in the Case of Zouch and Stowell Com. Fol. 375. And a Corporation as Mayor and Communalty that have an absolute Estate shall be bound if they do not make claim within five years after the Title accrued and yet the Statute of 4 H. 7. of Fines makes no mention of Corporations or Bodies politick but yet are Parties within the intent of the Statute Com. 538. Otherwise it is of a Person of the Church and a Bishop because they have not an absolute Estate Ibidem Chaplains that are Masters of Chancery and are attendant on the Parliament shall not be Contributory by reason of their Benefices to the expences of Proctors made by the Clergy that come to Parliament and if they be they shall have a Writ to the Arch-deacon and his Officers for the discharging them and upon that there shall be an Alias and Pluries and Attachment against them which Writ appears in Fitzh Nat Brevium 229. and by the Writ it appears there that this is given by the Statute of Westminster Priviledge Br. 56. Lord and Tenant and the Tenant is attainted of Treason by Parliament and it is ordained by it that he shall forfeit all his Lands and after is pardoned and restored by another Parliament Habendum sibi Haeredibus suis as if there were no such Attainder now he shall hold of the common Person as before and yet once the Tenure was extinct by the forfeiture of the Land to the King 21 H. 8. Tenures Br. 70. Vide Parliament Br. 77. What words in an Act will revive Seigniories which were before extinguished and that it is no good Case And see Stamford 197. That if the King infeoff an estranger of them it ought to revive the mesn Seigniory which was before the Attainder Tenendum of the mesn Lord as it was before the Attainder Vide Petition F. 19 H. 4. 6 Edw. 3. For this excellent Case Vide Dyer 313. where the saving of a Seigniory in a Statute is not good When a Statute gives a forfeiture to the King and to the Party griev'd as where a man is prejudic'd by Perjury or by a fraudulent conveyance of Land or Goods to defraud the Action or Suit of Creditors and such like there none shall have the Suit upon the Statute but the King or the Party that has receiv'd Loss thereby Otherwise it is if the Statute says that the King shall have a Moiety and he that shall inform shall have the other Moiety without mentioning the Party grieved And if the King commenceth the Suit before an Information of the Party in this Case the King shall have all the Forfeiture and he may before the Suit of the Informer release to the Party offending and by it every other Person is excluded 1 H. 7.19 The Statute of 21 H. 8. c. 13. is If a Parson take another Benefice beyond the yearly value of 8 l. without a Qualification the first Benefice is void This value shall not be taken as the Parsonage is valued in the Book of first-Fruits but as it is valued in deed Dyer 237. The Statute 21 H. 8. c. 13. says that no Parson of a Church or such Spiritual Man shall take a Lease for years for Life or at Will c. upon pain of forfeiture for every Month that he shall occupy it 10 l. to the King and Informer But note that the Lease is not made void by the said Statute as it has been ruled Dyer 358. Note no man can make Proclamation but by Authority of the King as Mayors and such like as have privileges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market Towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and fined 22 H. Br. 8. 10. Note a Man shall not be made a Bastard after the death of his Father and Mother because the marriage is determined and if a Commissary after their death find such Case of Divorce and after such Diovrce being made after the death of one of the Parties this shall never Bastardize the Issue and so it was taken in