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	john_n	marry_v	38,480	5	10.3435	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B07973	Merton Colledge case.	University of Oxford.	1625 (1625)	STC 19049; ESTC S94566	2,757	2

Merton Colledge Case THe Mannor of Malden in Surrey was the ancient seat of Merton Colledge which was there founded by Walter Merton temp Edw. 3.10 yeares before the remouing of it to Oxford being the Mannor of best value left vnto the Colledge by the Founder Of this Mannor a Lease for 5000 yeares was drawne from the Colledge by vndue courses Eliz. 21. This Lease was made in shew only to the Queene it being neuer entred into her receipts and within lesse then two months assigned ouer to Henry Lord Fitz Allen Earle of Arundell without any consideration by him it was giuen within a month to Iohn Lord Lumley who married his daughter From whom Ione Goode the mother of the present Tenant Iohn Goode Esquire did purchase it for 1800l within lesse then three yeares after the first grant from the Colledge This Lease was questioned by the Colledge in the Kings Bench about two yeares since But the Tenant wauing the Common Law before he had put in his answere to the declaration called the Plaintiffes into the Chancery Where vpon opening of the cause before the Lord Keeper his Lordsh desiring rather to compound the businesse then finally to decide it and the Colledge not accepting the composition offered by the Tenant his Lordship did order that the Colledge should prosequute this cause in no other Court but the High Court of Parliament The exceptions against this Lease are these 1 It is vtterly void in Law 1 By the Stat of 13 Eliz. which restraineth Colleges from letting Leases for longer then 21 yeares or three liues 2 By the Stat of 18 Eliz cap. 20. No rent corne being reserued vpon this Lease 3 By the Stat of 18 Eliz cap. 10. Because the Leases in being were not determinable within three yeares 2 It was neuer contracted for nor any conditions agreed vpon by the Colledge but it was drawne at London and the Counterpart sent ready sealed vnder the broad seale of England with a part ready ingrossed to be sealed by the College not alterable in a syllable 3 It was made without impeachment of waste 4 It comprehends the advouson of the Church Fines and profirs of Copyholds and aboue 500 Acres of Wood neuer demised before with the demaines Besides a stocke of graine cattell to a great value the restitution whereof at the end of 5000 yeares is couenanted excepting such Cattell as should die of the murraine 5 It was made without one penny consideration more then the Rent 6 It was vnduly drawne from the Colledge 1 By threats and violence offered to the person of Dr. Bickley the then Warden 2 By terror vsed at the Colledge affrighting the Fellowes with the presence of three Purseuants sent thither to seize vpon such as should dissent 3 By admitting Sr Arthur Atey who had no right of voice to giue a voice as fellow by which voice only the Granters became the major part Allegations of the Adverse part together with the answers That the Lease is made good by the Statute of 18 Eliz of Confirmations Resp 1 The very point vpon solemne argument was iudged to the contrary 2 Their wauing of the Commō Law is a sufficient argument that they distrust their cause in point of Law That it was the concurrent opinion of the best Lawyers of those times that such Leases and Estates were good in Law and in this particular Baron Altham and Serieant Crooke delivered their opinions in Parliament 4º Iacob that the Lease in question was good Resp 1 Who were the best Lawyers of those times were an enuious thing to determine what their opinions were in this point cannot be proued 2 The opinion of Popham and Anderson Chiefe Iustices in Parliament 43º Elizab was that the Queene was bound by the Statute of 13º Eliz And the like opinion was resolued by the Iudges assisting in Parliament 1º Iacob And for that cause Colleges and the like were left out of the Bill which restrained Bishops from granting to the King 3 What Baron Althams opinion was it doth not appeare But 13º Iacob Serieant Crooke with the rest of the Iudges determined that such Leases were not made good by the Statute of 18º Eliz That the Colledge had a consideration sufficient in the improuement of their Rent for the Mannor was in Lease for 23 yeare to come at nine pound Rent per Ann And the Woods in Lease for seauen yeares without Rent whereas vpon the long Lease 40l per Ann was reserued Resp 1 That the Lease of 23 yeares was in it selfe void of which if the Colledge had taken the same aduantage which afterwards the Lord Lumly did the improuement of the old Rent of the Demaines by vertue of the Statute of Prouision would haue amounted very neere to that summe of 40l per Annum 2 For the Woods there was 90l the Remainder of a former Fine due at that time to the Colledge for which the Queene couenanted to pay 100l but not one pēny was paid Whence it appeares that those 7 yeares remaining in the Lease of the Woods were not to passe without some profit to the Colledge That Mistris Good 24º Eliz paid 1800l for the purchase of the premisses that she was at charge of diverse reparations new built a Farme house and Barnes That the present Tenant hath bestowed in new building the Mannor house in Gardens Hop-grounds improuing fencing and inclosing the Lands 2700l Resp 1 That none of that 1800l paid for the purchase came to the Colledge but wholly to the Lord Lumly All the mony that came to the Colledge was only some smal summe sent downe to buy voices vnder hand 2 Mistris Good was not at the charge of new building the Farme house and Barnes but it was by an vnder-tenant at his owne charge for his owne benefit 3 That the charges in improuing fencing and inclosing the Lands was yearely rewarded with the Cropp and was no more then Tenants vpon racked Rents doe performe for their owne benefit and aduantage 4 That his charges of building the Mannor house is no improuement to the Land for a Farme house had beene proportionable enough to the Land especially as it is vndervalued by them 5 That Master Good had of his Maiestie in recompence of 22 Acres part of this Mannor taken into the Kings great Parke at Nonsuch lands amounting to 10l 10s 4d per Annum old Rent which in true value may be worth 120l per Annum or more 6 That since the time of the purchase there hath beene felled vpon the premisses in Timber besides Coppicewoods 10000 timber trees worth ten shillings a tree which commeth to 5000l. And the present Tenant in his time hath felled 5000 Timber trees to the value of 2500l. 7 That the Tenant hath a Recognisance of 4000l of the Lord Lumly for his indemnitie That the premises containe 860 Acres and are worth per An. 440l whereof they haue receaued the profit 42 yeares and vpwards 5 If this Lease should be ouerthrowne it would open a gappe to the disturbance of many quiet and setled estates of the like nature with this in question Resp 1 That there is not nor hath beene any Lease parallell to this in all circumstances the difference whereof may iustly vary the decision of the cause For example It is no good consequence 1 Because a Lease of 5000 yeares is voided therefore a Lease of 100 yeares or thereabouts ought to be ouerthrowne 2 Because a Lease gotten by vndue courses by threats and menaces against the consent of the maior part is voided therefore a Lease fairely gotten with the free consent of the Leasors ought to be ouerthrowne 3 Because a Lease gotten without any consideration giuen for it is voided therefore a Lease taken vpon valuable consideration ought to be ouerthrowne 4 Because a weake title to such land as for a long time of it selfe hath yeelded extraordinary profit to the Tenant is voided the refore a weake title to Land in itselfe of little value and improued only by the excessiue charge of the Tenant ought to be ouerthrowne