Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	pay_v	rent_n	tenant_n	2,576	5	9.7256	5	true

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

Parliament 24 H. 8. Bastard Br. 23.39 c. 3.32 Note If a man gives Lands to one and his Heirs Males in this Case his Heirs Females shall also inherit and this was also adjudged in Parliament as Thorpe said 18 La. p. 5. Note It was written Tybinry-broke in a Writ of Cosinage and in the Habere facias Visum the Writ was Tybinry without Broke and it was demanded of the King's Council by S. H. Green and Thorpe Justices whether this word may be amended by the Statute of 14 E. 3. c. 6. which enacts that the Justices may amend a Syllable or Letter which is found too little or too much and one of the Council answer'd that it was a needless Question of them whether it may be amended for he said that it may be well amended be it a Syllable or a Letter without which the Word cannot subsist and no difference 40 E. 3.34 And so see the Justices demanded the intent of the makers of the Statute of those that were of the King's Council Note A Fifteenth is granted by Parliament and it is well known by the Exchequer Roll how much every Town in England shall pay at every Quinzim granted Br. 9. 34 H. 8. And if the Tenants pay for their Goods the Lord shall not pay towards the Fifteen out of the Rents of the Lands that they occupy and enjoy 7 H. 4.33 11 H. 4.46 A Town is charged upon a fifteen granted at the sum of 4 l. and one of the Town by the Kings Charter is discharged of the fifteen in the same Town so much as amounts to his part shall be recounted in the said 4 l. and the Town shall be charged of the rest Per Curiam 19 H. 6.63 Note A Bishop has a Mannor within which are Tenements by the Verge by Copy of Court Roll which Copy-holds time out of Mind have been taxed within the same manner to the Wages of the Knights of Parliament and a good Prescription altho the Lord come to Parliament and is charged for his Spiritual Possessions for the Dismes or Tenths among the Clergy Vide Avow Fitzh 260. 8 R. 2. according One is taxed for the Fifteenth in his Land and when he perceived that the Collector was coming to distrain for the 15th that is to say for his part that he was to pay towards the 15th he drove his Cattel out of the same Land before the Collector could take them he cannot pursue by Brian So for damage feasant 19 E. 4.10 otherwise it is for Rent-service 44 E. 3.20 At the time of a 15th granted to the King A. who lives in W. has Corn growing in C. and before the Assessment he reaps and carries it to W. it shall be lyable for the goods in W. and not in C. and in a Replevin the Issue shall be If at the time of the Assessation of the 15th the Corn were remaining in C. or at W. 21 E. 3.42 Note The Fifteenth at this day is levied by Rods of Land most commonly and in some places upon their Goods Quinz Br. 9. 34 H. 8. Note That where the Abby of Saint Edmundsbury was founded by the King's Progenitors and exempted from all Episcopal Jurisdiction so that no Ordinary could Visit there contrary to the Foundation and Ordinance aforesaid upon a difference that was between A. Bishop of Norwich and B. Abbot of Bury concerning that Exemption It was Ordained at a Parliament of William the Conquerour held such a Year by the Arch-bishop of Canterbury and all other Bishops of the Realm and by the Earls and Barons that for the time to come neither the Bishop of Norwich nor any of his Successors should act contrary to the Points of the Exemption and Foundation abovesaid and that he that shall be Bishop shall pay to the King or his Heirs thirty Talents of Gold and for that the Bishop of Norwich that now is has gone contrary to this Ordinance of the King a Contempt was issued against him and the Bishop pleaded Not Guilty and was found Guilty whereupon it was awarded That the Bishop's Temporalities shall be seized into the King's Hands and that the King shall recover the said Sum of Money 21 E. 3.60 Note Those of Ireland are bound by the Statute of England for their Goods if the Statute gives forfeiture of Goods for doing a thing contrary to the Statute but not for Land or any thing touching Land there 2 R. 3. fol. 12. And yet those of Ireland do not send any Lord Knight or Burgess to the Parliament of England for they have a Parliament of their own when the King pleaseth Vide Action upon the Statute Fitzh 1. and 11 H. 6. where Hussey Chief Justice said that the Statutes of England bind those of Ireland which was not much denied by the other Justices at that time altho the Term before some were of a contrary Opinion Vide 20 H. 6.9 That those of Ireland are not bound by the Statutes of England as if Tenths be granted by the Parliament of England those of Ireland are not bound because they are not summoned to the Parliament of England Vide Fitzh Nat. Brevium 22. Error in the Kings-Bench of Ireland reversed in the Kings-Bench of England Assis. Fitzh 328. Vide Dier 360. A Lord of Ireland shall not be tried in England for Treason done in Ireland nor by his Peers not by Jury because he is a Subject of Ireland And England and Ireland have several Seals whereby it appeareth that the Laws of England shall not bind those of Ireland for their Land Dier 303. A man has Goods in England and other Goods in Ireland and dies intestate in England and the Intestate has an Obligation of a Merchant that dwells in Ireland which Obligation was in England when he died and the Son of the Intestate obtains the Administration of the Bishop of Dublin for the Goods there and the Wife of the Intestate of the Goods in England of the Arch-Bishop of Canterbury within his Province the Son releaseth to the Obligor in Ireland and in Debt by the Wife of the Intestate who has the Obligation in her Hand This Release was pleaded and the issue taken was whether the Obligation was in England or in Ireland when the Obligee died Out of which it may be collected that the Arch-Bishop of Canterbury had to do with it and not the Bishop of Dublin Dier 305. Vide p. 16. El. Ro. 436. Lanc. A Writ of Accompt was brought by Steven Pinde by his Guardian assigned by the Court after that he was of the Age of fourteen years and before twenty one years for the profits of Land in Gavelkind received by Giles Frankling Defendant Guardian of the said Pinde Plaintiff before fourteen years and yet the Statute is Cum ad aetatem c. and this is intended one and twenty years Vide 29 E. 3.3 Accompt for Land in Gavelkind after that the Heir came to fifteen years A man has Restitution by Act of Parliament and

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

on an Infant this shall put him out of Possession notwithstanding the Statute of Westm. 2 c. 5. which aids an Infant against a common Person 35 H. 6.62 63. A Man is attainted of Treason and after the King gives his Lands to a stranger and then he commits a Trepass on the Land and after this he is restored by Parliament and the Attainder is annulled as if there had been no such Attainder he shall not be punished for that Trespass Vide Trespass Br. 425.10 H. 7. adjudged Vide 4 H. 7.10 But if a Daughter or other collateral Heir enter and take the Profits and after the next Heir is born as a Son he shall not have remedy for the outing of the Incumbent nor shall have an account for the mean Profits 9 H. 6.23 Note if a man is attainted of Treason by Act of Parliament all his Lands Goods and Chattels are forfeited to the Crown altho it be not so said in the Act it self by Townsend Justice By the Common Law if a man be attainted by Parliament of Treason or Felony yet the Land is not in the Crown before it be so found by Office if it had not been so ordered by the Statute 33 H. 8. c. 20 which gives possession in such case to the King without any Office yet where a Tenant of the King dies without Heir there the Free-hold shall be in the King without Office for that the Free-hold cannot be in suspence 9 H. 7.2 Dyer 486. Com. 486 229. An Act of Parliament in the Affirmative shall not alter the Common Law as a man recovering Debt or Damages does not sue Execution within the year he was put at the Common Law to his new Original for he should not have had a Scire Facias before the Statute of Westm. 2. c. 45. de his quae recordata sunt which gives a Scire Facias in such case yet the party that recovers may have a Writ of Debt after this Recovery for that the said Statute is the affirmative 39 H. 6.3 The Statute of 42 E. 3 c. 11. ordaineth that four dayes before the Assizes the Pannel of the Assize shall be arrayed yet two dayes before the Assize it is sufficient to array the Pannel in Assizes for that the Statute is in the affirmative 43 Lib. Ass. 22. It is enacted by Parliament that A.B. shall be restored and that he may enter yet he shall not enter upon the King if it be not so enacted by Statute that he may enter as well upon the King as upon a Common Person 4. E. 4.22 23. At a Parliament holden by Adjournment 38 H. 8. it was admitted that if a Burgess of Parliament was made Mayor of a Town that had Judicial Jurisdiction and the other is sick that those are sufficient Reasons to choose others and so they did by Writ of the King out of Chancery that contained this matter that it was admitted in the Commons House of Parliament Par. Br. 7. 38 H. 8. Note A Statute or Act of Parliament shall not be proclaimed for the Parliament represents the Body of the whole Realm for there are Knights and Burgesses of every County and Town 39 E. 3.7 But otherwise where it is ordained by the Act that it shall be proclaimed as the Statute of Labourers 23 H. 6. c. 13. And the Statutes of Maintenance Champerty Imbracery and Reteiners 32 H. 8. c. 9. are ordained to be proclaimed A private Act of Parliament shall not conclude men as a general Act shall neither are strangers to it bound to take any notice as Privies are by 37 H. 6.15 13 E. 4.8 Office de Court Br. 27. Where the matter is against Reason and the Party has no Remedy by the Common Law he may sue for Remedy in Parliament 37 Lib. Ass. 7. A man was restored by Parliament to Land that was forfeited and had a Writ directed to the Escheator to put him into Possession and he returns that he was disturbed in making Execution by A. B. who came and said that he had not notice of the Restitution and by the Justices he is excused till he had notice and the Reason as it seems is for that it is a particular Act 43 Lib. Ass. 29. The Crown of England and the Preheminence thereof by Parliament with all Prerogatives belonging to it was given to H. 7. in Tayle this extends not to Liberties and Franchises of others 1 H. 7.13 The King and the Lords assent that H. B. shall be attainted and lose his Land and because it did not appear by the Act that the Commons assented therefore adjudged by all the Justices that it was no Act of Parliament whereupon the party was restored 4 H. 7.10 Note By the same Reason that the Queen by her absolute Authority may commit a man to Prison and to tarry there during Pleasure as appears Stamford 72. so also by her Proclamation she may ordain that if any one do act against the Content of that Proclamation that he shall be imprisoned and yet see 42 Lib. Ass. 5. where a Commission issuing out of Chancery to seise the Goods of A. and his Body without other process the Suit was awarded void Note The Queen may by Proclamation inhibit that her Subject shall not go out of the Realm upon pain to make Fine for the Contempt if he go c. Fitzh Nat. Br. 85. T. infeoffs W. and A. his Wife in Tail and after it was enacted by Parliament that all Estates made by T. to W. shall be void yet by Fineax and Brian Chief Justice this is void as well to the Wife as to the Husband for they are but one Person in Law and the Wife cannot take but by the Husband But if an Estate had been made to J. and to another Man and all Estates made to J. are enacted by Parliament to be void there the Estate is good for a Moiety to the other man and with this agreed Vavisor yet others are of a contrary Opinion 5 H. 7.34 Dyer 331 332. Note that it was agreed by the Justices that the Statute of Additions made in Anno 1 H. 5. c. 5. shall bind the King as to Indictments and such like as well as common Persons 5 E. 4.32 Com. 236. But see there that an Indictment is specially mentioned which is at the King's Suit and so is as a Name in the Statute See in the Book of Bracton about a Parliament holden by a Lieutenant or by a Protector or by a Deputy and the like See 8 H. 5. c. 1. whereby it is enacted that Parliament Writs being awarded in the name of the King's Lieutenant shall not be staid upon the King 's Return into England neither shall the Parliament be dissolved An Act of Parliament in the time of H. 6. was made whereby all Corporations and Licenses granted by that King were made void It was held that this Act must be pleaded Certain and the Court is not bound to take Connisance of them no more

a Writ of Ouster le main issued forth to the Escheator and the Tenant that had the Land upon a Traverse by him tendered made Rescous If he had not notice of this Restitution he shall not be punished by Fine for that Rescous and the reason may be for that it is a special Act. 43. Lib. Ass. 28. Henric ' c. Vic. Darby salutem Praecipimus tibi quod statim post receptionem praesentium in singulis locis infra Ballivas tuas tam infra Libertates quam extra ubi magis expedire videris ex parte nostra solempniter publice Proclamation ' fact ' quaedam Statuta Ordinationes per nos de Communi assensu Praelatorum Magnatum Communit Regni nostri in presenti Parliamenti nostri apud Westmonasterium pro communi utilitate totius Regni nostri praedicti editi Provisi quae in quibusdam schedulis huic brevi nostro annex ' per Latorem praesentium tibi mittimus mandantes praeterea quod immediate post Proclamationem sicut permitt per te factas omnes singul ' hujusmodi schaedulas in separat ' distinct ' et public ' locis ut subditis et Ligeis nostris plenius apparere poterit in Tabulis affigi et poni similiter fac ' et hoc sub periculo incumbente non omitti Teste c. Note That a special Bill against J. P. was put into Parliament 33 H. 6. for Ravishing of a Woman whereby it was ordained that he come before the Lords within a certain day after the Proclamation made by the Sheriff of the County of E. after Pentecost next and if he appeared not then he should be attainted and pay a certain Sum to the Woman and this Bill was exhibited to the Commons after Pentecost which was within the time of Parliament that begun 15 P. before Anno Praedict ' And the Lords gave day to J. P. to appear after Pentecost Anno 1457 which was 34 H. 6. within a day certain after the Proclamation and this Bill was not sent to the Commons as it ought to have been for that the Lords gave a longer time than the Commons gave and after J. P. did not appear according to the Proclamation whereupon he was taken and sent into the King's-Bench and there pleaded by his Counsel that the Act was not an Act for that the Lords had given a longer day ut supra and the Bill was transcribed upon a Certiorari in Chancery and by Mittimus of Chancery under the Seal there was sent to the Justices and the Writ was Rex Justitiariis suis c. Transcriptum cujusdam billae coram nobis in Cancellariam nostram in filacio c. exhibit ' authoritate ultimi Parliamenti nostri c. Confirm versus J. P. Vobis mittimus by which c. And altho it is not an Act of Parliament in Law for that the Lords gave a longer time ut supra yet the Clerk of Chancery made the Writ which was confirm'd by Parliament and it was not so in Truth And Fortescue in the Exchequer Chamber seems that it cannot be intended but that the Act is good for that the King by his Writ certified the Justices that the Bill was confirm'd by Parliament But Illingworth Chief Baron said that it shall not be taken for an Act of Parliament for the writing of a Clerk of Chancery cannot make an Act of Parliament good if it be vitious or void in it self and after Fortescue said that this is an Act of Parliament and he would be advised before he would make void an Act of Parliament and so see if a Certificat under the Seal of the Chancery of a Record there shall be contradicted Vide Com. 232. and 21 E. 3.40 that a Man shall not have an Averrment against a Certificat under the great Seal FINIS