Selected quad for the lemma: lord_n
Text snippets containing the quad
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A43077
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A treatise concerning statutes, or acts of Parliament, and the exposition thereof written by Sir Christopher Hatton ...
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Hatton, Christopher, Sir, 1540-1591.
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1677
(1677)
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Wing H1142; ESTC R14799
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17,009
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104
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if he have Assets to him in Fee-simple descended from the same Ancestor he shall be barred but if he have not Assets to him already descended but that after they shall descend then the Tenant shall have recovery by Writ of Judgment that shall issue out of the Roll of the Justices before whom the Plea was pleaded and by the equity of the same Statute if with Assets garranty of the Tenant in tail be pleaded where he hath not Assets but after Assets is to descend there the Tenant shall have Scire facias to have the Assets and not the Land tailed because that the Issue might after recover that from him and so the Statute giveth to the Tenant the thing aliened and to the Issue the Assets and by the equity the Issue shall have the thing aliened and the Tenant shall have the Assets and this is because that former law would not suffer the Land entailed effectually to recompence the party disherited and so the Statute should have served to little purpose or none if it had not been thus expounded 32 H. 8. A Statute was made against buying of Titles of Land which Justice Mountague in the Commentaries expoundeth thus Except such Person and Persons have been in possession thereof making a full point there or of reversion or remainder thereof making another point there or have taken the Rents or Profits thereof by the space of one year so that these words by the space of one year shall be referred only to the last clause of receiving Rents and so he in the reversion or in the remainder or he that hath been in possession though it were but an hour hath power to alien for he saith that understanding the Statute according to the letter the Baron being possessed by the space of a year in the right of his Feme Tenant in tail might make a Lease or alien and he that should enter for mortmain or by escheat or recover by any title might be restrained for a year All which is inconvenient and to avoid such inconvenience the Statute is expounded by such pointing and reference The Statute of Articuli super chartas against Champerty hindreth not the Father from infeoffing his Son and Heir And the Statute of Westm. 2. cap. 11. which saith that in Appeals it shall be inquired who be Abettors extendeth not to the Heir that abetteth his Mother Anno 5 E. 6. A Statute was made that if any Treasurer Receiver or other Minister Accomptant or Deputy or Deputies to them receive of any person any sum of Money or other Profits of or for the payment of any Fees Annuities Pensions or Warrants more or otherwise than he might by former Statutes in such cases provided that then the Treasurer c. so offending should pay for every penny or penny worth so taken by way of forfeit vis viii d. to be recovered in any of the Kings Courts c. though these words extend to all mens Officers yet they are restrained to the Kings Officers only even for the evidence of Reason for other men may be spoken with themselves especially to remedy injustice offered by their Officers and there is no Statute that limiteth the Fees of other mens Officers besides the Kings and by the Preface of the Act it may appear to be a remedy for those that the Kings Officers defrauded of their Pensions granted out of Religious houses and Justice Dyer saith that the Preface is the Key to open the intent of the Makers of Acts of Parliament and Civilians say that Cessante statuti prooemio cessat ipsum statutum for Reason hath been so forcible against the words of Statutes that even in the Princes Prerogative the words of Statutes have been controlled as the Statute of Prerogativa Regis saith Dominus Rex habebit custodiam omnium terrarum eorum qui de ipso tenent in capite per servitium militare de quibus ipsi tenentes seisui fuerunt in dominico suo ut de feodo die quo obierunt de quocunque tenuerunt Yet if the Kings Tenants have Lands in Knights Service holden of the King and other Lands descending from the Mother holden of another Lord and die without Issue the Lands descending from the Mother shall not be in the Kings hands for they go to the next heir of the Mothers side and the heir of the Father shall not have them wherefore the King who is but to have the custody of the heir of the Father shall have but those Lands that to him descended and not those that went to another heir The Statute of Westm. 2. touching View which provideth that View shall not be granted in the second Writ if the Party abate the first Per exceptionem dilatoriam is restrained where it is abated by such an exception dilatory as the Court or another Tanquam amicus Curiae might abate it by An Act of Parliament confirmeth all the Customs of a Town there are some against Law and Reason those are not confirmed 3 H. 7. cap. 1. It is ordained That the Chancellor and Treasurer of England for the time being and Keeper of the Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the King 's most honourable Privy Council and the two Chief Justices of the King's Bench and the Court of Common Pleas or in their absence two other Justices have Authority to examine Riots c. And it is holden that none are Judges in this Court but the Chancellor and Treasurer and Keeper or two of them and the other are but Assistants and not Judges yet it is held an error if they call not such persons as is limited by the Act for Law and Reason say Licet presentia aut consilium alicujus requiratur in aliquo actu requirens non tenetur illud sequi Finally Every Statute doth either bring forth some new thing or is declaratory of former Law and therefore every Statute must be expounded to have some good operation not as a thing needless or void The Statute of 32 H. 8. c. 13. providing that Leases for years made by Abbathies c. shall be good for 21 years only from the time of the making if so many years be by the demise lease or grant specified or else for so many years as be expressed so that the old Rent be reserved and so that the said Lease or Leases exceed not 21 years This first so that is expounded to be conditional and the second so that is but declaratory for if the old Rent be not reserved all is void through breach of the condition but the second so that the said Lease or Leases exceed not 21 years doth only limit the meaning and declare that such Leases shall be good for so long and no longer and if there be mention of more years the residue that exceed 21 are void but not the whole term and if it should be otherwise expounded the latter words would overthrow all the