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	william_n	21,930	5	7.9428	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34128	Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616 ; together with an alphabeticall table of all the cases.	England and Wales. Court of Chancery.; Carew, George, Sir, d. 1612.; Lambarde, William, 1536-1601.	1650 (1650)	Wing C555; ESTC R22868	89,306	152

aide in Chancery If a man grant a rent charge out of all his Lands and afterwards selleth his Lands by parcels to divers persons and the grantee of the rent will from time to time levy the whole rent upon one of the purchasors onely he shall be eased in Chancery by a contribution from the rest of the purchase●s and the grantee shall be restrained by order to charge the same upon him onely A man recovered at the common Law a debt in one County where the obligation was made in another county against the Stat. 6. R. 2. c. 2. The Defendant sued and suggested in Chancery that by this meanes he was put from divers Pleas of which he might have taken advantage if the obligation had been sued in the very County and he had ayde there for the Chancellor said that he sued to hide the truth and against conscience also which cannot be so well found in any place as in the very County where a thing is done 9. E. 4.2 and 9. E. 4.15 A man shall not be prejudiced by formality or mispleading c. Touching Copy-holders Mr. Fitz-Harbert in his Natur. Brevium fol. 12. noteth well that forasmuch as hee cannot have any writ of false Judgement nor other remedy at common Law against his Lord therefore he shall have aide in Chancery and therefore if the Lord will put out his Copyholder that payeth his customes and services or will not admit him to whose use a surrender is made or will not hold his Court for the benefit of his Copyholder or will exact fines Arbitrary where they be customary and certaine the Copyholder shall have a Subpoe to restraine or compell him as the Case shall require Dyer 264. and 124 Fitz. Subpoena 21 First this Court forbeareth directly to examine any Judgement given at the common Law to which end the Statutes 27. E. 3. cap. 12.39 E. 3. cap. 14.4 H. 4. cap. 23. and 16. R. 2. cap. 5. were made and it seemeth that the common Law used some power to restraine such examinations of Judgements before all these Statutes for 13. E. 3. upon a recovery had upon a Quare impedit the Defendant sued for help in the Chancery and they sent a prohibition and upon that an Attachment against him Fitz-Harbert prohibition 21 the like hath been done upon suits in the courts of requests But yet 9. E. 4.65 one recovered debt upon an obligation in one county whereas the obligation was made in an other county and he complained in Chancery because he had lost some advantages which he might have taken if the triall had been in the other county which thing in effect was made a Law by the Statute 6. R. 2. c. 2. And in the Case of Paramore Ann. 3. 13. Eliz. A fine supposed to be levyed by an Infant was examined in Chancery after it had been allowed by examination of the Justices of the com Pleas but whether these and such other may seeme rather to examine the manner then the very matter and substance of the thing adjudged it is worthy of consideration Sir Will. Cordall Mr. of the Rols denyed to compell one to atturn here that was at liberty by the common Law in the Case of Sir Iohn Windham Chancellor Bromeley likewise denyed such compulsion generally but where the party quarrelled with the particular Tenants Estate or entreth iuto some part of the Lands in demise or hath covenanted for recompence for non atturnment there he utterly denyeth to inforce the atturnment Pasch. 21. Eliz. in Case of Philips and Doctor Sandford Such assurances as be used for the common repose of mens Estates the Chancery will not draw in question for a fine with Proclamation ought after the five yeares to be a bar in conscience as it is in Law so shall it be of a common recovery for docking the intaile Doctor and Student 33.155 So likewise it seemeth that the continued possession of the Bastard eisne shall prevaile in conscience against the right of the Mulier ●●sne And albeit a feme covert may be thought to joyne with her Husband for fear in a fine of her l●nds yet after the five yeares it shall not be recalled for the generall inconveniences that may ensue to that highest assurance Doctor and Student 154. And if remedy in Chancery should be extended to a Collaterall Warrantye the same Saint Germaine saith that then all writings shall be examined If the extender undervalue the Lands as there is no remedy at the common Law 15. H. 7. Dupleges Case because the Debtor may help himselfe by payment of the debt so in conscience there ought to be no reliefe unlesse it were done by Covin. Idem Upon Nudum Pactū there ought to be no more help in Chancery then there is at the common Law neither against him that hath waged his Law in debt though peradventure falsely Idem Where a man made Title to a rent seck of which there was no seizin nor for which he had any action at the common law and prayed help here it was denyed upon conference had by the Lord Keeper with the Judges Michal 1596. A Copyholder dyeth leaving two daughters by divers Venters both which do enter and take the profits without doing fealties or paying fine and without any admittance by the Court and the eldest dyeth without issue This onely possession sufficeth to order the Copyhold to the collaterall heir of the eldest and not ●or the sister of the half bloud 12. Eliz. Dyer 291. A Copyholder in Fee hath issue a daughter and a son by two venters the Lord committeth the custody of the Land and of the son to the Mother who taketh the profits and the son dyeth before any admittance this Copyhold was ordered also for the Heire Collaterall against the Sister of the halfe bloud because the Mothers possession serveth for the son Anno 12. Eliz. Ibid. The Lord devised a Copyhold to C. for life and after passed the Freehold of the soyle thereof by livery of seizin thereof to B. for life reserving a rent and then by fine levyed doth grant the said Land to the said C. come ceo que il ad de son done c. And C. accepteth the said rent of B. and thereupon it was questioned whether or no the Copyhold of C. were gone in conscience 28. H. 8. Dyer 30. A Copyholder within age is admitted and the Lord committeth the custody to the Mother of the Infant whose under-Tenant cutteth down Timber Trees which being presented the Lord seizeth the Land for the forfeiture during still the nonage and keepeth it till he dyeth and it descendeth to his Heire who and his Father had kept it 40 yeares and for that the Copyholder moved suite in the Chancery 29. yeares since which was now revived and the forfeiture was taken during his minority he was restored to his possession

the said defendant into this court on Thursday next to the end the said Warden may be also charged with the said defendant by this court till he have satisfied or taken order for the payment of the debt due to her Majesty and that then he shall keep him in his custody untill hee answer unto the plaintant this said debt of 133 l. 6 s. 8 d. Ward plaintant Crouch defendant Anno 20. Eliz. Thomas Boulton made oath that the defend was served with a Billet in Paper to appear 15. Trinitat and no Bill in Court against her at the plaintiffes suite therefore the plaintiffe is adjudged to pay the defendant 33 s. 4 d. sustained in sending up the said Boulton who hath made oath that she is so impotent that she is not able to travell up hither thereupon personally Gredlow plaintant Prestwich defendant Anno 20. Eliz. The plaintant is adjudged to pay to the defendant 40 s. costs for want of a Bill for that the defendant made oath the plaintiffe shewed him a Subpoena wherein his name was written but would not deliver him the same for that there were others to serve with the same Writ Symont plaintiffe Pinsonby defendant Anno 20. Eliz. Iohn Clegge was served with a Subpoena by the name of Robert Clegge and Iohn Warberton made oath that he served a Subpoena upon Robert Clegge and an Attachment was served upon Iohn Clegge and ordered that he should be discharged thereof and might exhibite his Bill into this court against the said Iohn Warberton and call him in by processe to answer his perjury Robert Clegge plaintant Thomas Warberton defendant An. 20. Eliz. A Motion for an Attachment against the defendant for breach of a decree and injunction and ordered by the Lord Chancellor Bromley that for that time he stayed the granting of the Attachment and vouchsafed to write his Letters requiring him to performe the same trusting he would have such regard thereunto as no Attachment shall after be required against him Story plaintant Dominus Pawlet defendants 21. and 22. Eliz. A Motion that where the plaintants had exhibited their Bill to be discharged of a legacy the defendant since his suit sued in the spirituall Court and therefore day to shew cause why an Injunction should not be granted Parrré uxor plaintants Tipelady uxor defendant Anno 21. and 22. Eliz. William Smalwood made oath the defendant confessed he was served with a Subpoena at the plaintants suit who not appeared therefore an Attachment is awarded against the defendant to the Sheriffe of Essex Waters plaintaint and Berd defendant Anno 21. and 22. Eliz. The defendant a Master of Art in Oxford pleaded his priviledge of the University under the Seale there and demanded judgement whether he should be driven to answer contrary to the priviledge and the priviledge was allowed and the Attachment discharged Cotton plaintant and Manering defendants Anno 21. and 22. Eliz. A decree is made for the defendant to enjoy certaine Lands as well Coppyhold as Customary Bamborow plaintant Alexander defendant Anno 21. and 22. Eliz. The defendant made oath that he was served with a Subpoena at the plaintants suit to appeare in this Court and that he hath lost by casualty the Subpoena and upon his appearance there was no Bill in Court against him at the said plaintants suite therefore the plaintant is adjudged to pay the defendant 40 s. costs for want of a Bill Domina Edith Metham plaintant Michaell Fayerbanck defendant Anno 21. and 22. Eliz. For that it appeared as well by the plaintants Bill as that Osney one of the defendants hath made oath that the lands in the Bill is not worth 40 s. per annum therefore dismissed generally and not without costs Townly uxor plaintants Osney uxor Parsons defendants An. 21. and 22. Eliz. The defendant made oath that the plaintant and defendant are both dwelling within the jurisdiction of the Marches of Wales and for that it appeareth by the Bill that the Money complained for is under 10 l. therefore the cause is dismissed Eastcourt plaintant Tanner defendant Anno 21. and 22. Eliz. Debt upon a single Bill satisfied and the Bill not delivered was sued and execution gotten and yet retained in Chancery notwithstanding a motion to be dismissed because after Judgement and Execution for it was said the Judgement and execution may stand and this suite for that he formerly paid Owen plaintant Ioanes defendant Anno 21. and 22. Eliz. The defendant maketh oath that one Rock served him with a Subpoena in the name of the plaintant and at his suit as he affirmed but would not deliver neither Writ Labell nor noat of the day of appearance but told him it was to appeare the first day of this Terme and now no Bill in Court therefore costs is granted against the plaintant Parsons plaintant Hilford defend An. 21. and 22. Eliz. An order for a Commission to set out meet wayes and Cawsages moved in presence of Mr. Egerton of Counsell with the defend Custos of all Soules Colledge in Oxford plaintant Everall aliis defendants Anno 21. and 22. Eliz. Upon an oath made for impotency of Ienkin the defend in a former suit by the said Goose by the name of William ap William they procured a dedimus potestatem to take the answer of Ienkin to Iohn Floyd and William Goose himselfe whereas the party was under 50 yeares of age and not impotent hereupon the plaintant exhibits an English Bill of perjury into this Court against the said Goose for perjury and Ienkin for the procuring of it whereupon they being served with a Subpoena to answer the perjury they get a stay of the proceedings from the counsell of the Marches where upon motion Sir Thomas Bromley Lord Chancellor marvelled at such their stay and writ his Letters to the said Counsell and granted a new Subpoena against the defendants to answer the perjury Ioane uxor Griffith plaintant Richard ap Ienkin and William Goose defendants Anno 21. and 22. Eliz. The Bill was to be releived against a Judgement indirectly gotten by Ralfe Cavend●sh in the name of Thomas Cavendish his brother by default in an account of waste and because it so appeared an injunction is granted Galley plaintant Ralfe Cavendish and Thomas Cavendish defendants Anno 21. and 22. Eliz. The Suite was to be releived upon a lease made to the defendant in trust to the use of the plaintant and because it so appeared it was ordered that the plaintant should injoy the lands against the defendant and all claiming under him that had notice of the trust and if the lease were sold to such as had no notice of the trust then the defendant shall pay to the plaintant so much mony as the lease was worth Rooke plaintant Staples defendant Anno 21. and 22. Eliz. A Bill to be