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	say_a	tenement_n	4,376	5	11.2178	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52524	The arguments of the Right Honourable, the late Lord Chancellor Nottingham upon which he made the decree in the cause between the Honourable Charles Howard esq., plaintiff : Henry, late Duke of Norfolk, Henry Lord Mowbrey his son, Henry Marquess of Dorchester and Richard Marriott, esq.: defendants : wherein the several wayes and methods of limiting the trust of a term for years, are fully debated.	England and Wales. Court of Chancery.; Nottingham, Heneage Finch, Earl of, 1621-1682.; Howard, Charles, d. 1713.; Norfolk, Henry Howard, Duke of, 1628-1684.	1685 (1685)	Wing N1402; ESTC R30748	19,382	38

Justice Jones Mr. Justice Crooke and Mr. Justice Berkley as Wood and Saunders Case was by my Lord Keeper Bridgeman Mr. Justice Twisden and Mr. Justice Rainsford so that however I may seem to be single in my Opinion having the misfortune to differ from the three Learned Judges who assisted me yet I take my self to be supported by seven Opinions in these two Cases I have cited If then this be so that here is a Conveyance made which breaks no Rules of Law introduceth no visible Inconvenience favours not of a Perpetuity tends to no ill Example why this should be void onely because it is a Lease for years there is no sence in that Now if Charles Howards Estate be good in Law it is ten times better in Equity For it is worth the considering that this Limitation upon this Contingency hapning as it hath God be thanked was the considerate Desire of the Family the Circumstances whereof required Consideration and this Settlement was the result of it made with the best Advice they could procure and is as prudent a provision as could be made For the Son now to tell his Father that the provision that he had made for his younger Brother is void is hard in any Case at Law but it is much harder in Chancery for there no Conveyance is ever to be set aside where it can be supported by a reasonable Construction and here must be an unreasonable one to overthrow it I take it then to be good both in Law and Equity and if I could alter my Opinion I would not be ashamed to retract it for I am as other men are and have my partialities as other men have When all this is done I am at the Bar desired to consider further of this Case I would do so if I could justifie it but Expedition is as much the right of the Subject as Justice is and I am bound by Magna Charta Nulli negari nulli differre Justitiam I have taken as much pains and time as I could to be informed I cannot help it if wiser men than I be of another Opinion but every man must be saved by his own Faith and I must discharge my own Conscience I have made several Decrees since I have had the Honour to sit in this place which have been reversed in another place and yet I was not ashamed to make them nor sorry when they were reversed by others And I assure you I shall not be sorry if this Decree which I do make in this Case be reversed too yet I am obliged to pronounce it by my Oath and by my Conscience For I cannot adjourn a Case for difficulty out of an English Court of Equity into the Parliament there never was an Ajournment Propter Difficultatem but out of a Court of Law where the proceedings are in Latin The proceedings here upon Record are in English and can no way now come into Parliment but by way of appeal to redress the Error in the Decree I know I am very likely to erre for I pretend not to be Infallible but that is a thing I cannot help Upon the whole matter I am under a Constraint and under an Obligation which I cannot resist A man behaves himself very ill in such a place as this that he needs to make Apologies for what he does I will not do it I must Decree for the Plaintiff in this Case and my Decree is this That the Plaintiff shall enjoy this Barony for the residue of the Term of two hundred years the Defendant shall make him a Conveyance accordingly because he extinguished the Trust in the other and the Term contrary to both Law and Reason by the Merger and Surrender and common Recovery And that the Defendants do account with the Plaintiff for the profits of the premisses by them or any of them received since the Death of the said Duke Thomas and which they or any of them might have received without wilful default and that it be referred to Sir Lacon William Child Kt. one of the Masters of this Court to take the said Accompt and to make unto the Defendants all just allowances and what the said Master shall certifie due the said Defendants are to pay unto the Plaintiffs according to the Masters Report herein to be made And that the Defendants shall forthwith deliver the possession of the Premisses to the Plaintiff and that the Plaintiff shall hold and enjoy the said Barony of Greystock with the Lands and Tenements thereto belonging for the residue of the said Term of two hundred years against the Defendants and all claiming by from or under them And it is further Ordered and Decreed that the said Defendants do Seal and Execute such a Conveyance of the said Term to the Plaintiff as the Master shall approve of in case the parties cannot agree the same but the Defendants are not to pay any costs of the Suit FINIS The Reader is desired to Correct these errors of the Press PAge 3. line 8. read Dignity p. 8. l. 33. read preliminaries p. 10. l. 3. in marg read Co. 6. 40. p. 19. l. ult after Rainsford read and Judge Wild. p. 24. l. 10. read I can Modern Reports 115. Modern Reports 115. Roll. abr tit devise 612. Co. ● 156. Co. 10. 87. Cro. Mich. 18 Jac. 590. 3 Leonard 64. Dyer fol. 74. Dyer f. 277. Dyer f. 328. Dyer f. 358. Cro. Hil. 15 Jac. 459. Roll. abr tit Devise 612.