Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	duke_n	earl_n	edward_n	17,131	5	8.3264	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52524	The arguments of the Right Honourable, the late Lord Chancellor Nottingham upon which he made the decree in the cause between the Honourable Charles Howard esq., plaintiff : Henry, late Duke of Norfolk, Henry Lord Mowbrey his son, Henry Marquess of Dorchester and Richard Marriott, esq.: defendants : wherein the several wayes and methods of limiting the trust of a term for years, are fully debated.	England and Wales. Court of Chancery.; Nottingham, Heneage Finch, Earl of, 1621-1682.; Howard, Charles, d. 1713.; Norfolk, Henry Howard, Duke of, 1628-1684.	1685 (1685)	Wing N1402; ESTC R30748	19,382	38

THE ARGUMENTS Of the Right Honourable the late Lord Chancellor NOTTINGHAM Upon which he made the DECREE IN THE CAUSE BETWEEN THE Honourable Charles Howard Esq Plaintiff Henry late Duke of Norfolk Henry Lord Mowbrey his Son Henry Marquess of Dorchester and Richard Marriott Esq Defendants WHEREIN The several Wayes and Methods of limiting the Trust of a Term for Years are fully debated LONDON Printed for George Tatarshall Esq of Finchamsted in the County of Berks. MDCLXXXV The Arguments of the late Lord Chancellor Nottingham upon which he made the Decree in the Cause between the Honourable Charles Howard Esquire Plaintiff Henry late Duke of Norfolk Henry Lord Mowbrey his Son Henry Marquess of Dorchester and Richard Marriot Esquire Defendants Wherein the several wayes and methods of limiting the Trust of a Term for Years are fully debated The First Argument THis is the Case The Plaintiff by his Bill demands the benefit of a Term for two hundred Years in the Barony of Greystocke upon these settlements Henry Fredericke late Earl of Arundel and Surry Father of the Plaintiff and Defendant had Issue Thomas Henry Charles Edward Francis and Bernard and a Daughter the Lady Katharine Thomas Lord Maltravers his eldest Son was Non compos Mentis and care is taken to settle the Estate and Family as well as the present circumstances will admit And thereupon there are two Indentures drawn and they are both of the same date The one is an Indenture between the Earl of Arundel of the one part and the Duke of Richmond the Marquess of Dorchester Edward Lord Howard of Eastcricke and Sir Thomas Hatton of the other part it bears date the Twenty first day of March 1647. Whereby an Estate is conveyed to them and their Heirs To these uses To the use of the Earl for his life After that to the Countess his Wife for her life with power to make a Lease for 21. Years reserving the antient Rents The remainder for 200. Years to those Trustees and that upon such trusts as by another Indenture intended to bear date the same day the Earl should limit and declare and then the remainder of the Lands are to the use of Henry and the Heirs Males of his Body begotten with like remainders in Tail to Charles Edward and the other Brothers successively Then comes the other Indenture which was to declare the Trust of the Term for 200 Years for which all these preparations are made and that declares that it was intended this Term should attend the inheritance and that the profits of the said Barony c. should be received by the said Henry Howard and the Heirs Males of his Body so long as Thomas and any Issue Male of his Body should live which was consequently only during his own life because he was never likely to marry and if he dye without Issue in the life time of Henry not leaving a Wife privement Enseint of a Son or if after his death the Digniy of Earl of Arundell should descend upon Henry Then Henry or his Issue should have no farther benefit or profit of the Term of 200 Years Who then shall But the benefit shall redound to the younger Brothers in manner following How is that To Charles and the Heirs Males of his Body with the like Remainders in Taile to the rest Thus is the matter setled by these Indentures how this Family was to be provided for and the whole Estate govern'd for the time to come These Indentures are both sealed and delivered in the presence of Sir Orlando Bridgman Mr. Edward Alehorne and Mr. John Alehorn both of them my Lord Keeper Bridgman's Clerks I knew them to be so This Attestation of these Deeds is a Demonstration to me they were drawn by Sir Orlando Bridgman After this the Contingency does happen for Thomas Duke of Norfolk dies without Issue and the Earldome of Arundel as well as the Dukedom of Norfolk descended to Henry now Duke of Norfolk by Thomas his death without Issue presently upon this the Marquess of Dorchester the surviving Trustee of this Estate assigns his Estate to Marryot but he doth it upon the same Trusts that he had it himself Mr Marryot assigns his interest frankly to my Lord Henry the now Duke and so has done what he can to merge and extinguish the Term by the signing it to him who has the Inheritance To excuse the Marquess of Dorchester from cooperating in this matter it is said there was an absolute necessity so to do Because the Tenants in the North would not be brought to renew their Estates while so Aged a person did continue in the Seigniory for fear if he should dye quickly they should be compelled to pay a new Fine But nothing in the World can excuse Marryot from being guilty of a most wilful and palpable Breach of Trust if Charles have any Right to this Term so that the whole contention in the Case is to make the Estate limited to Charles void void in the Original Creation if not so void by the common Recovery suffered by the now Duke and the Assignment of Marryot If the Estate be Originally void which is limited to Charles there is no harm done but if it only be avoided by the Assignment of Marryot with the concurrence of the Duke of Norfolk he having notice of the Trusts then most certainly they must make it good to Charles in Equity for a palpable breach of Trust of which they had notice So that the question is reduced to this main single point Whether all this care that was taken to settle this Estate and Family be void and insignificant and all this provision made for Charles and the Younger Children to have no Effect I am in a very great strait in this Case I am assisted by as good advice as I know how to repose my self upon and I have the fairest opportunity if I concur with them and so should mistake to excuse my self that I did errare cum patribus but I dare not at any time deliver any Opinion in this place without I concurr with my self and my Conscience too I desire to be heard in this Case with great benignity and with great excuse for what I say for I take this question to be of so universal a Concernment to all mens Rites and Properties in point of disposing of their Estates as to most conveyances made and setled in the late times and yet on foot that being afraid I might shake more settlements than I am willing to do I am not disposed to keep so closely and strictly to the Rules of Law as the Judges of the Common-Law do as not to look to the Reasons and Consequences that may follow upon the determination of this Case I cannot say in this Case that this Limitation is void and because this is a point that in Courts of Equity which are not favoured by the Judgments of the Courts of Law is seldome debated with any great industry at the Barr

is not taken notice of in either of the Reports of Rolls or Jones or in Rolls Abridgment The Record of that Case goes farther for the Record sayes There was a farther Limitation upon the death of Thomas without Issue to go to the Daughter which was a plain affectation of a perpetuity to multiply Contingencies It farther appears by the Record that the Fathers Will was made the 10 of Eliz. Dorothy the Devisee for life held it to the 24. and then she granted and assigned the Term to William he under that Grant held it till the 31 of Eliz. and then regranted it to his Mother and dyed the Mother held it till the 1 of K. James and then she dyed the Assignees of the Mother held it till 14 Jac. and then and not till then did Thomas the younger Son set up a Title to that Estate and before that time it appears by the Record there had been six several Alienations of the Term to Purchasers for a valuable Consideration and the Term renewed for a valuable Fine paid to the Lord. And do we wonder now that after so long an acquiescence as from 10 Eliz. to 14 Jacob. and after such successive Assignments and Transactions that the Judges began to lye hard upon Thomas as to his Interest in Law in the Term especially when the Reasons given in the Reports of the Case were legal Inducements to guide their Judgments of which there are none in our Case But then Secondly At last allowing this Case to be as full and direct an Authority as is possible and as they would wish that rely upon it then I say 1. The Resolution in Child and Balie's Case is a Resolution that never had any Resolution like it before nor since 2. It is a Resolution contradicted by some Resolutions and to shew that that Resolution has been contradicted there is 1. The Case of Cotton and Heath which looks very like a contrary Resolution there is a Term limited to A. for eighteen years the Remainder to B. for life the Remainder to the first Issue of B. for life this Contingent upon a Contingent was allowed to be good because it would wear out in a short time But 2. To come up more fully and closely to it and to shew you that I am bound up by the Resolutions of this Court there was a fuller and flatter Case 21 Car. 2. in July 1669 between Wood and Saunders The Trust of a long Lease is limited and declared thus To the Father for sixty years if he lived so long then to the Mother for sixty years if she lived so long then to John and his Executors if he survived his Father and Mother and if he died in their life-time having Issue then to his Issue but if he dye without Issue living the Father or Mother then the Remainder to Edward in Tail John did die without Issue in the life-time of the Father and Mother and the question was whether Edward should take this Remainder after their death and it was Resolved by my Lord Keeper Bridgeman being assisted by Judge Twisden and Judge Rainsford that the Remainder to Edward was good for the whole Term had vested in John if he had survived Yet the Contingency never hapning and so wearing out in the compass of two Lives in being the Remainder over to Edward might well be limited upon it Thus we see that the same Opinion which Sir Orlando Bridgeman held when he was a Practizer and drew these Conveyances upon which the question now ariseth remained with him when he was the Judge in this Court and kept the Seals and by the way I think it is due to the Memory of so great a Man whenever we speak of him to mention him with great Reverence and Veneration for his Learning and Integrity Object They will perhaps say Where will you stop if not at Child and Balie's Case Ans. Where why every where where there is any Inconvenience any danger of a perpetuity and where-ever you stop at the limitation of a Fee upon a Fee there we will stop in the limitation of a Term of years No man ever yet said a Devise to a man and his Heirs and if he die without Issue living B. then to B. is a naughty Remainder that is Pells and Browns Case Now the Vltimum quod sit or the utmost limitation of a Fee upon a Fee is not yet plainly determined but it will be soon found out if men shall set their Wits on work to contrive by Contingencies to do that which the Law has so long laboured against the thing will make it self Evident where it is Inconvenient and God forbid but that Mischief should be obviated and prevented I have done with the legal Reasons of the Case it is fit for us here a little to observe the Equitable Reasons of it and I think this Deed is good both in Law and Equity And the Equity in this Case is much stronger and ought to sway a man very much to incline to the making good this Settlement if he can For 1. It was prudence in the Earl to take care that when the Honour descended upon Henry a little better support should be given to Charles who was the next Man and trode upon the heels of the Inheritance 2. Though it was always uncertain whether Thomas would die without Issue living Henry yet it was morally certain that he would die without Issue and so the Estate and Honour come to the younger Son for it was with a careful circumspection always provided that he should not Marry till he should recover himself into such estate of body and mind as might suit with the honour and dignity of the Family 3. It is a very hard thing for a Son to tell his Father that the provision he has made for his younger Brothers is void in Law but it is much harder for him to tell him so in Chancery And if such a provision be void it had need be void with a vengeance it had need be so clearly void that it ought to be a prodigie if it be not submitted to Now where there is no perpetuity introduced no cloud hanging over the Estate but during a Life which is a common possibility where there is no inconvenience in the Earth and where the Authorities of this Court concur to make it good to say all is void and to say it here I declare it I know not how to do it To run so Counter to the judgment of that great man my Lord Keeper Bridgeman who both advised this settlement and when he was upon his Oath in this place Decreed it good I confess his Authority is too hard for me to resist though I am assisted by such learned and able Judges and will pay as great a Deference to their Opinions as any man in the World shall If then this shall not be void there is no need for the Merger by the Assignment or the Recovery to be considered in