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	elder_a	marry_v	10,918	5	9.6530	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A53751	The reports of that late reverend and learned judge, Thomas Owen Esquire one of the justices of the Common pleas : wherein are many choice cases, most of them throughly argued by the learned serjeants, and after argued and resolved by the grave judges of those times : with many cases wherein the differences in the year-books are reconciled and explained : with two exact alphabeticall tables, the one of the cases, and the other of the principal matters therein contained.	England and Wales. Court of King's Bench.; Owen, Thomas, d. 1598.; England and Wales. Court of Common Pleas.	1656 (1656)	Wing O832; ESTC R13317	170,888	175

nupserit ignobili desinit esse nobilis Brookes There is a difference where a noble woman marries a noble man of less noble degree than she is and when she marries one that is not at all noble for in the first case the shall hold the dignity of her second husband but in the last case she shall retain her antient dignity And so it was observed where the Marquis of Dor●e● had two daughters the elder was married to the Lord Audley and the youngest to a Gentleman and the eldest took place alwayes as wife to a Baron but the youngest kept her place as a Marquisses daughter Dyer I was a Counsel in the Case of the Lady Powes already mentioned and she would by no means lose her dignity and an Herauld was brought into Court that said she had such dignity although it was held clearly on the contrary by our Law by Montague and Hales and the Writ did abate Stanford A noble man loseth his honour by his own act as by attaint and so hath the woman here by taking such husband and the nobility of such woman is lost also by attainder Brookes said That he knew where the sons of a Duke and Marquiz had a trespass brought against them for hunting a Park by the name of Squires and it was good wherefore it was said to Benlows that he must plead to the Writ Pasch 4 5 Ph. Mary in C. B. A Feme sole having the custody of the land and body of an Infant took husband and she and her husband did tender convenient marriage to the Infant which he refused and married himself elsewhere and at his full age entred into the land if it be necessary that both shall joyn in a Writ of forfeiture upon the marriage or that the husband alone shall have it was the question Brown Justice Both shall joyn and so is it ruled in a Book Dyer contr The husband alone shall have this Writ for he may discharge it or release it and by the 5 Ed. 3.14 6. the husband alone may have a Writ of Trespass and if the wife have an advouson and a stranger present the husband alone shall have a Quare impedit and the same Law is where the woman hath a Rent and the husband distreyns and Rescous is made the husband alone shall have a Rescous Prideaux The Wardship of a Ward and Land is a thing real and the Survivor shall have it and not the Executors of the Baron and if an Action be accrued before marriage as if a Bond be made to her before marriage she shall joyn with her husband in the Action upon the Bond but if a right to an Action does accrew after marriage there she shall not joyn as here the right of the husband does not accrew untill marriage for the Action is not in respect of the Wardship but of the tender and refusal and his marriage elsewhere all which do accrew after the Coverture Stanford If a man bring a Quare impedit for an Advowson which he hath in right of his wife and hath Iudgement to recover and dyes the wife shall present and not the Executors of the husband so if he recover in a Trespass the wife shall have execution for the damages Prideaux If a Lease be made to a woman and a Rent reserved ●…mine poenae and she takes husband and the Rent is behind both shall joyn in the Action for the pain Dyer This Action is grounded upon a real Covenant Stanford Damages recovered in a Trespass are not real yet the wife shall have them if the husband dye before Execution Dyer The Trespass is done to the inheritance of the wife and therefore she shall have damages and in 43 Ed. 1. Statham The husband alone brought a ravishment of a Ward for a Ward he had in right of his wife and the Writ held to be good but there it is said that otherwise it is in right of a Ward and if they joyn in a Writ of ravishment of Ward and recover and the husband dye before Execution his Executors shall have Execution and not the wife but it is said there Quaere and at last it was agreed that the Action should be allowed but the surest way is to have bosh joyn Pasch 6 Eliz. Powtrells Case in C. B. IN an Ejectment the case was a woman-tenant in Tail did make a Lease for 31 years and took husband and had issue the wife dyes and the husband is tenant by the curtesy and surrenders to the heir who puts out the Lessee who brings this Action Dyer I doubt whether this surrender be good for tenant by the curtesy is but in reversion and hath nothing in possession and it is dubious how he can surrender Weston and Brown He may surrender for a term or franktenement may be surrendred to him that hath the estate in reversion or remainder if it be not a mean estate as tenant for life the remainder for life the remainder in fee the first tenant for life cannot surrender to him that hath the fee. But the great point of the Case was if the issue could avoyd the Lease during the life of the tenant by curtesy and the Court held he could not for the tenant is in as a purchaser And by Walsh and Carus If tenant by the curtesy grants over his estate and then enters into religion the Grantee shall have his estate during the tenants natural life Quod omnes concesserunt and it was said also that if the heir had been impleaded during the life of the tenant by curtesy he shall not have his age quod fuit concessum Mich. 14 15 Eliz. Tottenham against Bedingfield IN an Account the Defendant pleaded he was never his Baily for to render account Gawdy prayed the opinion of the Court if the Action would lye for otherwise he would not trouble the Court. The Case was the Plaintiff had a Lease of a Parsonage and the Defendant being no Lessee nor claiming any interest takes the Tithes being set forth and carries them away if the Plaintiff could have this Action was the question Manwood It will not lye for an account lyes where there is privity but wrongs are alwayes without privity but I agree that it one receive my rents I shall have an account against him for by my consent afterwards I do make a privity for although that he hath received the Rent he hath not done wrong to me inasmuch as it is not my money untill it be paid to me but otherwise it is where a man disseiseth me of land for that is meerly a wrong and so is it in this case for when the Tithes were set forth by the Parishioners the Law sayes they are in the possession of the Parson and therefore when the Defendant took them away he does it wrongfully and therefore no account will lye against him and so was it adjudged in Lond●… in the Case of one Monax who under colour of a

Replevin against Edmund Brach and others the Defendant made Conulance as Baily to John Levison and said that long time before the taking c. one William Coup was seised of a house and eight acres of Meadow c. whereof the place is parcell in his Demesne as of Fee and did demise the same to Richard Coup for one and twenty years reserving Rent and the Lessee died and the Land came to his Wife as his Executrix who married Roger Owseley and that William Coup did levy a Fine of the Premisses to Stephen Noke and others to the use of Stephen and his Heires and after Stephen entred and outed the Termor and infeoffed John Leveson and his Heires and then the Termor re-enters claiming his Terme and for Rent arreare the Defendant made Counsans as aforesaid and it was adjudged against the Defendant because this entry and Feoffment by Noke to Leveson and the re-entry of the Termor is no Attornment and this varies from Littleberries case where the Lessor entred and made a Feoffment and the Lessee re-entred for Noke the Lessor had not any Attornment and can have no Distresse and his Feoffee cannot be in better case then he himself And if the first Feoffee makes Feoffment to B. who enfeoffs C. and the Lessee re-enters that is Attornment but to the first Feoffee and not the other for he may be misconusant of it because he was outed by the Lessor but note Iudgment was not given till Trin. 36 Eliz. Pasch 36 Eliz. in C. B. Owens Case EDward Owen brought an Action of Waste against Peerce for land in ancient Demesne the Defendant made defence and pleaded to the Iurisdiction of the Court because the land was ancient Demesne and the Defendant was ruled to plead over for it is but a personall Action and the Statute is a beneficiall Statute for the Common-wealth and by the opinion of all the Court except Walmsley does extent to ancient Demesne 40 Ed. 3.4 Ancient Demesne is a good plea in Replevin 2 H. 7.17.21 Ed. 4.3 it is no good plea in an action upon the Statute or Glocester Mich. 33 and 34 Eliz. in C. B. Rot. 2122. Sir Edward Cleeres Case SIr Edward Cleere brought a Quare Impedit against the Bishop of Norwich Edward Peacock and Robert Hinston Clerk to present to an Addowson holden in Capite Anderson A Devise of an Addowson in grosse is void because it is of annuall value whereof the King shall have the third part But Owen Beaumont and Walmsley held the contrary and so it it was adjudged See the Case of the Earle of Huntington against the Lord of Montjoy of a Devise of Liberties of Cramford which were not of any annuall value and yet the opinion of Wray and Anderson Iustices was certified to some of the Councell being Arbitrators that the Devise was not good Trin. 36 Eliz. in C. B. Rot. 2145. Brownes Case ANthony Brown brought an Action of Trespasse against Richard Pease the Case was this John Warren was seised in fee of the Mannor of Warners and of the Mannor of Cherchall and demised his Mannor of Warners to the youngest Son of Richard Foster his Cosin in fee. at which time Richard the Father had issue George Foster and John Foster And he demised his Mannor of Cherchall in haec verba I will my Mannor of Cherchall to Margery Water for her life and if she die and then any of my Cosin Fosters Sons then living then I will my foresaid Mannor of Cherchall unto him that shall have my Manner of Warners and after the Devisor died without issue and the Reversion of the Mannor of Cherchall discended to Henry Warner as Brother and Heire of the Devisor And after the said Henry Warner by Deed Inrolled did bargain and sell the Mannor of Cherchall to Anthony Browne who devised it to the Plaintiff And then George Foster dies without issue and the Mannor of Warners does discend to Iohn Foster his Brother and Heire who enters and enfeoffs the Lord Rich and after marriage the Tenant for life of the Mannor of Cherchall dies and the Plaintiff enters and the Defendant enters upon him as Servant to Iohn Foster whereupon the Plaintiff brought this Action And Iudgment was given for the Plaintiff because that the words and the intent of the Devise was that the Mannors of Warners and Cherchall should go together and therefore the Mannor of Warners was sold before the death of Margery by John Foster and after the death of Margery John can take nothing by the Devise Mich. 29 and 30 Eliz. Rot. 2325. or 2929. Hambletons Case JOhn Hambleton had issued foure Sons John the eldest Robert the second Richard the third and Thomas the fourth and devised to each of them a parcell of land to them and the Heirs Males of their body begotten and if it happen that any of their Heirs dye without issue Male of his body lawfully begotten then the Survivor to be each others Heire If these words make a Remainder or are void was the question And it was adjudged against the Plaintiff for the Court held that all those that survived were Ioynt-tenants and one Ioynt-Tenant cannot have a Trespasse against the other for by the intent of the Will it appears that the Survivors should have that part and the survivority of each other Heire each Survivor that is all that survive shall be each others Heire and so the remainder should be to every one of them 29 Eliz. Fenners Case argued before the Lord Mayor of London at Guildhall IN this Case it was adjudged that if a man Covenants that his Son then within age and infra annos nubiles before such a day shall marry the Daughter of I.S. and he does marry her accordingly and after at the age of consent he disagrees to the marriage yet is the Covenant performed for it is a marriage and such a one as the Covenantee would have untill the disagreement vide 7 H. 6.12 Dyer 143.313 369. 25 Eliz. Webbe against Potter IN an Ejectione firmae by Webbe against Potter the Case was Harris gave Land in Frank-marriage to one White and the Deed was Dedi concessi Iohan. White in liberum maritagium Iohannae filiae meae habend dictae Ioannae heredibus in perpetuum tenend de capitalibus Dominis feodi illius with Warranty to Iohn White and his Heires Periam The usuall words in Frank-marriage shall not be destroyed for the words of Frank-marriage are Liberum maritagium cum Ioanna filia mea in the Ablative case and although here it be in the Dative case it is good And of the same opinion were all the Iudges Also a Gift in Frank-marriage made after the Espousals was held good by all the Iustices 2 H. 3. Donor 199.4 Ed 3.8 Dyer 262 B. And a Gift in Frank-marriage before the Statute was a Fee-simple but now speciall taile and if it be not a Frank-marriage he shall have an Estate for life and to prove this his