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	son_n	wife_n	16,146	5	6.4775	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29656	Some new cases of the years and time of King Hen. 8. Edw. 6. and Qu: Mary; written out of the great abridgement, composed by Sir Robert Brook, Knight, &c. There dispersed in the titles, but here collected under years. And now translated into English by John March of Grays-Inn, Barrister. All which said cases are hy [sic]the translator methodised, and reduced alphabetically under their proper heads and titles. With an exact table of the principall matter contained therein.; Graunde abridgement. Selections. French (Law French)	Brooke, Robert, Sir, d. 1558.; March, John, 1612-1657.; Fitzherbert, Anthony, Sir, 1470-1538.	1651 (1651)	Wing B4898; ESTC R213260	142,103	327

the Case whereas the Plaintiff was possessed of such Goods as of his proper Goods and lost them and the Defendant found them and conver-them to his own use the Defendant said That the Plaintiff pledged them to him for 10. l. by reason of which he detrains them for the said 10. l. as t is lawfull for him without that that he converted them to his own use as c. and a good plea by some By others he must plead not guilty and give this matter in evidence for the Detainer 4. E. 6. B. Action upon the Case 113. T was agreed in the Common-Bench ●hat if a man for marriage of his daughter assumes to pay 20. l. a year Easter for four years and fails two ●ars that the Plaintiff may have an A●●ion upon the Case upon the promise ●r the non payment of the two years ●●ough the other two years are not ●et come for this is in nature of Cove●ant 4. M. 1. B. Action upon the Case ●08 the end Action upon the Statute In an Action upon the Statute of 8. H. 6. of forcible entry Or in Trespas upon 5. R. 2 Vbi ingressus non datur ●er legem Non ingressus est contra for●am statuti is a good plea but his free-hold is no plea as t is said by Sher●ood and others 23. H. 8. B. Action upon ●he statute 40. In Trespass upon 5. R. 2. to say that ●he place c. is the Free-hold of I. N. ●nd hee by his commandment entred is no plea for the action is given by the Statute and therefore ought to have a special answer and not as in a general Writ of Trespass 24. H. 8. B. Action upon the statute 15. See by Fitz. Justice That a man may avow upon the Land by the new Statute and then the Tenant shall not disclaim ● contrary if he avow by the Common Law and relinquish the statute 28. H. 8. B. Action upon the Statute 6. 'T was said for Law That t is no plea in Trespass upon the Statute of 5. R. 2. for the Defendant to say That the place where is twenty acres which is parcel of the Mannour of B. is his Free-hold For the Defendant ought to entitle him to a Lawfull entry for a Disseisor hath a Free-hold and yet ingressus est ubi ingressus non datur per legem in the time of H. 8. B. Action upon the statute 27. Account Account lies not against Disseisors for then the Disseisee shall avoid the discents at his pleasure and also the Defendant was never his Receiver for to render account for this cannot be without privity in Law or in Deed as by Assignment or as Guardian or the like or by pretence the Defendant to the use of the Plaintiff and where the Defendant claims to his own use there the plea is true neither his Receiver nor his Baily to render account 2 Mar. 1. B. Account 89. Adjournment The Justices of Assise may adjourn the Assises upon every demurrer and upon every dubious plea or Verdict and upon every foraign plea and to what place they will and adjournment may be upon Certificate of the Assises as well as upon the assise B. Adjournment 28. Administrators Debt is brought against the Ordinary who pending the Writ commits the administration to I. S. the first Writ shal abate for the Ordinary is compellable to commit the Administration by Statute 34. H. 8. B. Administrators 39. Nota per omnes legis peritos and by those of the Arches that at the time of vacation of an Archbishoprick or Bishoprick the Dean and Chapter shall commit the administration 36. H. 8. B. administrators 46. Nota where the Ordinary commits the administration he may revoke it and commit it to another but mean acts done by the first administrator shall stand and so 't was put in ure between Brown and Shelton for the goods of Rawlins the administration was committed to Brown and revoked and committed to Shelton for 't is not an interest but a power or authority and powers and authorities may be revoked contra of an interest certain In the time of H. 8. B. administrators 33. the end Charles Brandon Duke of Suffolk had issue sonn by one Venter and daughter by another Venter and devised goods to the son and dyes and after the son dyes intestate without Wife and Issue and the mother of the son who was of the second Venter for the daughter was of the first Venter took the administration by the Statute which is That the administration shall be committed to the next of kinn of the intestate And upon great argument in the Spirituall Court Tam per legis peritos regni quam per peritos legis civilis the administration was revoked And so see that the administration may be revoked and so 't was likewise in the case of Brown and Shelton before of the goods of W. Rawlin Clerk which was committed to Sir H. Brown who marryed the sister of the said Rawlins and after came W. S. and J. S. son of the Wife of the said Sir H. which Wife was the mother of the said Shelton by a former Husband and reversed the first administration and obtained the administration to them And the said Duke had issue Frances by the French Queen and after this Wife dyed he marryed the daughter of the Lord Willoughby and had issue by her one Henry and dyed and after Henry dyed without issue and without Wife and the mother of the Heir took the Administration and after the said Frances Wife of the Marquess of Dorset sued and reversed the administration and obtained the administration to her self though she were but sister of the half blood to the said Henry because that she is next of kinn to the said Henry for that Henry had not any Children for the mother is not next of kinn to her own son in this respect of this matter for it ought to goe by discent and not by ascension by the Law of England nor by the Law civill And the children are de sanguine patris matris sed frater mater non sunt de sanguine puerorum And by Isidore Pater mater puer sun● una caro and therefore no degree is betwixt them contrary between brother sister and the half blood is no impediment as to goods B. administrators 47. Note that in the argument of this case 't was agreed by the Justices that the King is not intitled to the land of his Ward without office though he hath but a Chattel in it yet it comes ratione tenurae which is the Seigniory and Freehold in the King 5 E. 6. B. Office before c. 55. Age. A man recovers Rent and arrearages by assise Or if he recovers an annuity and arrearages of it in a Writ of annuity the Defendant dyes the Plaintiff brings a Scire facias against the heir he shall not have his age of

makes a Feoffment before the Statute of execution of Uses to the use of himself for term of his life the remainder to W. in Taile the Remainder to the right Heires of the Feoffor the Feoffor dyes and W. dyes without issue the right Heir of the Feoffor within Age he shall be in Ward for the Fee discended for the use of the Fee-simple was never out of the Feoffor And the same Law where a man gives in Taile the Remainder to the right Heires of the Donor the Fee is not out of him Otherwise where a man makes a Feoffment in Fee upon condition to re-infeoffe him and the Feoffee gives to the Feoffor for life the Remainder over in Taile the Remainder to the right Heirs of the Feoffor for there the Fee and the use of it was out of the Feoffor therefore he hath there a remainder and not a reversion 32. H. 8. B. Garde 93. Where a man holds certain land of the King in Soccage in Capite the King shall not have livery of more then the Soccage land The same where he holds of the King in Knights service and not in Capite the King shall not have more in ward but onely that which is holden of him immediately 32. H. 8. B. Garde 97. Note by all the Justices of England that a Lord in Knights service by nonage of the Heir shall not ouste the grantee of Wreck or de proxima presentatione nor the termors which are in by the father of the Heirs B Grants 85. Garde 66. Lease 31. in finibus So of a Lease for term of life 35. H. 8. B. Garde 61 the end A man dyes seised of lands holden in Knights service his brother and Heir within age the Lords seises the ward the wife of the Tenant privily with childe with a son and after the wife is delivered the brother is out of ward But if the Infant dye the brother yet within age there the brother shall be in ward again And the same Law where a daughter is heire and after a son is born the daughter is out of ward And if the son dies without issue the daughter within age she shall be in ward again so see that one and the same person may be twice in ward by two several ancestors But where the Lord seises the son for ward for land to him descended from his Father and grants the marriage of him to another and after other land holden in Knights service holden of the same Lord descends to the same son from his mother there B. seems that the Lord shall not have the ward again because he had him and granted his marriage before and the body is an intire thing 35. H. 8. B. Garde 119. 'T is granted by all the Justices that the King shal not ouste the termor of his tenant because he hath the heir of his tenant in ward by office found for him nor execution upon a Statute Merchant made against his tenant nor a rent charge granted by his tenant nor a grant de prox presentatione of an Advouson Time H. 8. B. Garde 44. If the son and heire of the Kings tenant or of another Lord be made a Knight in the life of his Father and after the Father dies the heir shall be in ward for otherwise the Ancestor may procure his son within age to be made a Knight by collusion to the intent to defraud the Lord of Ward which shal not be suffered And so it fell out of the Lord Anth. Brown of Surrey who was made Knight in the time of his Father who died the son within age and t was holden he should be in ward notwithstanding he was a Knight wherefore he agreed with the King for his marriage Otherwise B. seemes where hee is in ward and is made Knight in ward this shall put him out of ward and by him the Stat. which is Postquam haeres fuerit in custodiam cum ad aetatem pervenerit S. 21 annorum habeat hereditat suam sine relevio sine Fine Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra sua remaneat in custodia dominorum usque ad terminum supradict is intended where he is made Knight within age being in ward after the death of the Ancestor and not where he is made Knight in the life of the Ancestor 2. E. 6. B. Garde 42. 72. 'T was agreed for Law in the Common Bench that if the Lord hath not been seized of homage within time of memory but hath been seised of rent it suffices to have a Writ of Ward and to count that he died in his homage for there is seisin of something though it bee not of the intire services And for this cause and also for that the seizin is not traversable but the Tenure therefore the action lies without Seisin of the Homage 6. E. 6. B. Garde 122. the end T was holden by the Justices of both benches That where a man holds by Rent and Knights Service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of Ward yet if a Ward fall he shall have the ward of the heir for the seisin of the Rent suffices to be seised of the Tenure as to this purpose Yet otherwise B. seems to make avowry 7. E. 6. B. Avowry 96. the end Garde 69. Where a use vests in the heir as heir of his Father where the Father was dead before Whether the heir shall be in ward or not Quaere See Tit. Feoffments to uses 3. M. 1. Note that t was declared by the Doctors of the Civil Law That where an heir or other is married infra annos nubiles and after disassents at the age of discretion or after before assent to the Marriage that this suffices and the party may marry to another without divorce or witnessing of it before the Ordinary but the Ordinary may punish it per arbitrium judicis but the second espousals is good as wel by the Law of the Kingdom as by the Law of the Church 5. M. 1. B. Garde 124. Ward and marriage is by the Common Law and the Father shall have the Ward of his son or daughter and heir apparent before the King or other Lord and Soccage Tenure by 20 years and Knight service after B. Garde 120. the end If an estate be made to many and the heirs of one of them and he which hath the Fee dies his heir within age he shall be in Ward by the Statute of Wills notwithstanding the others survive which are Tenants by the Common Law Casus B. Garde 100. Garranties Warranties If the husband wife alien land of which she is dowable there to have collateral warranty t is good to have the Warranty of the Wife against her and her heirs and then if she hath issue by the husband and she and the

name of the thing demanded B. Averments 42. as if a Precipe quod redd be brought of the Mannor of B. or the like the Tenant pleads a Fine Recovery or the like of the Mannor of G. he ought to aver that the one and the other are one and the same Mannor not divers contrary if he pleads a Fine or recovery de predict Manerio de B. for this word predict is in effect an averment that all is one B. Pleadings 143. And where a man pleads a Recovery by a strange name of the parties he ought to aver that the first person and this person are all one and not divers Otherwise B. seems where he pleads it by this word predict 33. H. 8. B. Averments 24. T was said for Law That an averment is not necessary in an avowry viz. hoc parat est verificare for t is in lieu of a Declaration and the avowant is actor 3 M. 1. B. averment 81. Avowry Lord and Tenant by Fealty 3 pence Rent the Lord dies his wife is endowed of the Seigniory she may distrain for 1 peny the Heir for 2 pence so now the Land is charged with two distresses where it was charged but with one before but this is not inconvenient for he shall pay no more Rent then before The same Law where the Lordship is divided by partition between Heirs Females and the like 24. H. 8. B. Distresse 59. Avowry 139. If two Copartners make partition and give notice to the Lord he ought to make several avowries And if a man sell his land by Deed indented inrolled within the half year according to the Statute the avowry is not changed c. without notice no more then upon a Fine Yet B. doubts of of a Conusans de Droit com Ceo. c. but if a man recover against the Tenant or if the Tenant is deseised the disseisor dies seised and his heir is in by discent so that the entry of the disseisee is taken away the avowry shall be changed without notice The same law if the Tenant make a Feoffment and dies the Lord shall change his avowry without notice for nothing is discended to the heir of the Feoffor And where notice ●s necessary it shall be done upon the Land holden with tender of the arrearages for otherwise the Lord shall lose his arrearages if he avows or accepts service of the Feoffee c. before the arrearages paid Ideo caveatur inde 29. H. 8. B. avowry 111. 146. In a Replevin if the Defendant avows because that A. was Lord and was seised by the hands of B. then Tenant c. of such servises he may convey the estate of the said B. in the Tenancy to the Plaintiff in the Replevin by a que estate without shewing how but he cannot convey to himself of the said A. in the Seigniory by a que estate without shewing how for the Seigniory is there in demand and not the Tenancy 34 H. 8. B. avowry 7. que estate 2. the end Note That he which avows upon the Land as within his Fee or Seigniory by the Statute shall aleadge a seisen as in other avowry and then shall conclude his avowry upon the land as within his Fee and Seigniory and in such avowry every Plaintiff in the Replevin be he Termor or other may have every answer to the avowry as to traverse the Seisen the Tenure and the like which are a good answer in an avowry or plead a release or the like as Tenant of the Free hold shall though he be a stranger to the avowry for such avowry is not made upon any person certain therefore every one is a stranger to this avowry and so the Plaintiff may have every answer which is sufficient 34. H. 8. B. Avowry 113. 'T was agreed that to say That the place where c. is 4. acres which is and was the time of the caption his Freehold for which he distrained and took the beasts for dammage Feasent was a good avowrie 4. E. 6. B. avowrie 122. 'T was holden by the Justices of both Benches That where a man holds by Rent and Knights service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of ward yet if a ward falls he shall have the Wardship of the heir for the seisen of the rent suffices to be seised of the Tenure as to this purpose yet otherwise B. seems to make avowry 7. E. 6. B. avowrie 96. the end Ward 69. Note That 't was agreed that at this day by the limitation of 32. H. 8. the avowry shall be made generally as was used before and if there were not seisin after this limitation then the Plaintiff in bar of the avowry may alleage it and traverse the seisin after the limitation B. avowry 107. Also where a man brings an action real or mixt or makes avowry or Conusance and issue is taken upon the seisin infra tempus Statuti and t is found against the Demandant Plaintiff or Avowant this is peremptory by the same Statute 1. M. 1. B. Peremptory 78. Averment is not necessary in an Avowry See Tit. Averment Barre WHere a Fine with Proclamation or a Recovery shall bar an estate tail where not and where the Reversion is in the King with other good matter concerning Fines See Tit. assurances Bastardie Note That t was taken by the Commons house of Parliament if a man marry his Cosin within the degrees of Marriage who have issue and are divorced in their lives by this the espousals are avoided and the issue is a Bastard Otherwise if the one die before divorce there divorce had after shal not make the issue a bastard for the espousals are determined by death before and not by the divorce And a dead person cannot bring in his proofs for divorce after the death of the parties is but ex officio to inquire de peccatis for a dead person cannot be cited nor summoned to it 24 H. 8. B. bastardie 44. D'arraignement 11. Battel T is said that if an appeal of Murther be brought in the Kings Bench the Defendant joyns battel it shall be before the Justices of the Kings Bench and not before the Constable and Marshal 5. M. 1. B. battail the end 16. Bill 'T was said That a Premunire shall be maintainable by Bil in the Kings Bench though that the party be not in custodia marescalli B. Bill 1. And 't was common that many Clerks were compelled to answer to bills there who were not in Custodia marescalli 22. H. 8. B. Premunire 1. Cerciorari T Was agreed in Chancery That there is no Certiorari in the Register to remove a Record out of a Court into the Common Bench immediatly but it shall be certified in the Chancery by Surmise then to be sent into the Common Bench by Mittimus And indictments may be removed out