Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	daughter_n	earl_n	issue_n	23,772	5	8.9964	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45254	The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.	England and Wales. Court of Common Pleas.; Hutton, Richard, Sir, 1561?-1639.	1656 (1656)	Wing H3843; ESTC R14563	150,299	158

happen as in Chudleys case Coke lib 1. fol 133. a Feoffment to the use of the Feoffor for life and after his death to his first Son which shall be afterwards born for his life and so to divers And afterwards to the use of I. D. in tail It is resolved that all the uses limited to-persons not in Esse are contingent but the uses to persons in Esse vest presently and yet these contingent uses when they happen vest by interposition if the first Estate for life which ought to support them be not disturbed And in this case it was a good Estate for life in Margaret And then gives the remane in the Feoffees for eighty years if Nicholas and Elizabeth Sanders so long should live and if Elizabeth survive Nicholas then to Elizabeth for her life and after her decease to Posthumus in tail and after his decease to the said three Daughters in tail so that there the Estate for years determines upon the death of Elizabeth and so also the Estate for life to Elizabeth which was contingent determines by his death And the Lord Darbies case a Feoffment to the use of Edward The Lord Derbies case late Earl of Derby in tail and then to the use of the two Feoffees for eighty years if Henry late Earl of Darby should so long live and after his decease to Ferdinand and to the Heirs Males of his body and for default of such Issue to the use of William now Earl of Derby And it was adjudged that the remainders vest presently And this possibility that Henry might have over lived the eighty years will not make the remainders contingent And in a Suit which was at Lancaster between Farrington and another Farringtons case upon a speciall Verdict there found about 8 Jac. and many times argued at Serjeants Inn it was afterwards adjudged a good remainder and not contingent And the same case in this Court upon a Scire facias for two have executor of certain Land for debt recovered against the Earl of Derby which Land was intailed by the same Conveyance c. brought against the Earl of Bridgwater and his Wife one of the Co-heirs of Ferdinand Earl of Derby was adjudged in this Court vide Borastons case Coke lib 3. fol 20. 14 Eliz Dyer 314. Lovies case Coke lib 10. 27 H 8. 24. 38 E 3. 26. 5 E 3. 27. 30. E 3. Collthurst and Bemchins case was urged that the remainder limited to B. for life and after that C. hath married Ja. S. then to the use of C. in Fee this is contingent and is collaterall And this case is not like to that And after Argument at Bar this Term it being argued before that the Lord Richardson was there who was of the same opinion we all concurred and Iudgment was entred for the Plaintiff Pasch 8 Car. Metcalfe versus Hodgson Case MEtcalfe brought an action upon the case against Hodgson and Wharton late Sheriffs of the City of York and count That wheras time out of memory c. there hath been a Court of Record holden before the Sheriffs of the said City upon the Bridge called Ousbridge An action of the case lies not against a Sheriff for taking of insufficient Bail being Iudges and that in this Court every one having cause of action arising within the said City had used to commence any action for debt there and that the Defendants being arrested by their bodies the Sheriffs had used to take Bayle of them and to let them to Bayle finding sufficient sureties and that the Sheriffs are also and time out of memory have been Keepers of the Gaol there And wheras the Plaintiff had brought an action against one Smith and recovered the now Defendants being Sheriffs had taken insufficient Bail of him c. And upon Not guilty pleaded it was tryed before the Lord chief Baron at York for the Bail are supposed to be taken at Wakefield but that was not alledged for any thing which appears to be out of their Iurisdiction And the Iury contrary to the direction of the Lord chief Baron gave Verdict for the Plaintiff And after many motions in Arrest and praying of Iudgment it was resolved that this act was done by them as Iudges and for this Iudiciall Act no action lay And though that the Bail by the event appear to be insufficient yet there is no remedy by action upon the case it being without fraud or corruption and not for reward And this Case differs nothing from the ordinary cases of all insufficient Bailes taken by any of the Kings-Bench Common Bench or Exchequer And that they having two Authorities in una persona it shall be taken to be done by that Authority by which they have power to vail and that is as Iudges of the Court and not as Gaolers for by this they have no power to Bail any and in this capacity they are only subject to an escape vide Dyer 163. Error cannot be assigned in that which the Court of Common Bench do as Iudges vide 12 E 4. 19. Conspiracy lies not for that which a Iustice doth as Iudge of Record Quaerens nil capiat per breve Mich. 8 Car. Hickes versus Mounford Trin. 7 Car. Rot. 514. Replevin REplevin brought by Walter Hickes against Simon Mounford and others the Defendants make Conusance as Bayliffs to Sir John Elliot Executor of Richard Giddy And that the place contain twenty acres and was parcell of the Mannor of Trevelun And that Thomas Archbishop of York and Cardinall and three others were seised of the Mannor wherof c. in Fee Traverse of a day and the third of June 11 H 8. by Deed inrolled granted to King H. 8. a Rent-charge of fifty Marks per annum out therof in Fee with clause of Distresse and convey the Rent by discent to E. 6. Mary and Elizabeth who by her Letters Patents granted it to Richard Giddy for life who made the said Sir John Elliot his Executor and died and for such a summ arrear they Avow c. The Plaintiff pleaded in Bar to this Avowry and confessed the Seisin of the said Arch-bishop and the others and said that the said Arch-bishop and the others the fourth of June 11 H 8. enfeoffed Peter Edgecombe in Fee of the said Mannor who conveyed it to Richard Edgecombe Knight who entred and licensed the Plaintiff to put in his Beasts which he did and that they were there untill by the Defendants distrained absque hoc that the said Arch-bishop and the others the aforesaid 3. June 11 H 8. granted the said Rent to the said King and his Heirs Modo forma prout the Defendants alledged Et hoc paratus est verificare The Defendants say that the Arch-bishop and the others granted the Rent to the King modo forma as they had alledged and Issue therupon and the Iury found That the said Arch-bishop and the others 11 H 8. recovered this Land against Sir

the Lease is not a surrender within the Act of 32 H 8. 2. Another reason because that the Free-hold which the Husband had in the right of his Wife could not be given by this bare assent But if the Lease had been made de novo to the Husband and the Wife then it had been questionable for the Estate passe by Implication viz. by a surrender in Law by acceptance of a new Lease as in the eighth Report of the Lord Coke S. Savors Case but there no Estate of the Husband passe for by the inter-marriage he was in of the Freehold with his Wife in the right of his Wife and that he gives not by assent vide 7 H. 7.14 vide 41 E 3. fol. 19. 3. Another reason was as this issue is joyned it is found against the Defendants for it shall be therby taken and intended of an actuall surrender made by the Husband and Wife and not of such a surrender which is operated by a subsequent act in Iudgment of Law and the reason therof is because that the surrender of the Estate and the cancelling of the Letters Patents are pleaded to be done at Westminster 2 Febr and the Lease 3. Febr so that this Issue is taken upon an actuall surrender And by Warburton if issue be joyned upon the Manumission of a Villain that is not maintained by giving in evidence that the Lord made to him an Obligation but by the making of him free by Charter of Manumission vide the Case directly 25 H 8. Brook generall Issue 82. vid Dyer 284. Croucheads Case Memorand That in this case the Jury of Middlesex found the Damages and the value of the Wast in the County of Dorcetshire vide Coke liv 6. fol. 47. Dowdales Case Mich. 15 Jac. Rot. 1634. Gibbs versus Davie EDward Gibbs brought an action upon the Case against Jenkin Davie for words spoken in the Welsh Tongue and declared that the conference was had by Baron Snigg with the Defendant concerning the selonious stealing of three Heisers and the Defendant is supposed to answer to the question in Welsh whether Thomas Jackson stole them If he had them Case Welsh words I should have had them again but Edw. Gibbs stole them And upon Not guilty pleaded it was found for the Plaintiff at Bristoll And it was moved this Term in Arrest of Iudgment that the words in Welsh did not signifie stealing but carrying away upon ones back And it appeared upon examination of one Mr. Gunter upon Oath that it is properly the word for carrying though that there in the intendment of the parties it might be taken for stealing it being joyned with other precedent circumstances yet it is not actionable for it shall be taken in the most favourable construction and best sense as if one had said That such a one had the Pox and forbid one to use his company it shall not be intended of the French Pox and no Action lies And Iudgment was given for the Defendant yet it was averred in the Count that the words were spoken in the hearing of them which understood the Welsh Language Micih 14 Jac. Rot. 953. Leigh versus Paine Oxon. MAtthew Leigh brought an action of Debt upon an Obligation against Matthew Paine Debt which was with condition for the performance of an Arbitrement which was of all Actions Quarrels c. depending between them The Arbitrators award that the Defendant should pay to the Plaintiff such a summ Arbitrement of all Action untill the day of the Awa●● c. for content and in full satisfaction of all Actions Quarrels c. untill the day of the date of the Arbitrement And upon Demurrer by the Defendant it was debated whether this was a good Arbitrement it being that the Arbitrator had exceeded his Authority in giving satisfaction for trespasse after the submission that is untill the date of the Arbitrement and it seemed to the Court that it is a good Arbitrement and that it appears not to the Court that there were any Trespasses or Suits after the submission and that shall not be intended untill it be shewn by the other part as in the case of Baspool Co. lib. 8. fol. 98. where submission was of all controversies so that the Award be made of the Premisses c. there the Arbitrators made an Award of divers particulars and the Award was good and he that will avoid it must shew that there were other controversies that he gave notice of them to the Arbitrators for they shal not be bound to arbitrate of more then they have notice of Dy 242.19 E. 4.1 vide Summons case Coke lib. 5 fol 77 That an Award ought to be reasonable and to be done between the same parties And therfore the Arbitrement that the Husband and Wife shall levy a Fine where the submission was by the Husband only is void but quaere if it be not good as to the Husband and vide in James Osborns case Coke lib 10. fol 131. There the case of More and Bedle is bouthed and is adjudged that where it is awarded that a certain summ shall be paid and for the payment thereof a stranger shall be bound it is a good Award though as to the giving of security by a stranger it is void and there it is said if satisfaction be to be given for many things of which part is out of the Award yet it is good for them which are submitted unto vide 42 43 Eliz Newby and Sav Newby and Sav. An Award to make a release to the date of the Arbitrement and good if it does not appear that there was other matter A submission of all matters done till the fourth of September the Award was of a Release of all matters untill the third of September and good Browns case And this case was vouched to be between Barnes and Grenewell Trin 43 Eliz Rot 947. vide a case between Hilton and Brown Trin 5 Jacobi Rot 1618. an Arbitrement was made generall in satisfaction of all Controversies Indefinitely without any limitation And upon Argument upon Demurrer it was adjudged good and in this case the Arbitrement will not discharge any action which was not submitted unto and then it is but Surplusage which shall not avoyd the Award though the Plaintiff hath mine recompence by the Arbitrators In respect that the Defendant shall be discharged of trespasses untill the making of the Arbitrement And Iudgment was giuen for the Plaintiff Mich. 11 Jac. Rot. 318. Agars versus Lisle Case THomas Agar brought an action upon the Case against Lisle for studing and converting of a Cow at the Castle of York the Defendant pleaded in Bar that the Bishop of Durham was seised of the Town of Darton in the County of Durham and prescribe to have a Faire there and Toll and for not payment thereof c. the Cow was taken by the Defendant Trover and Conversion is justified without confessing the Conversion