Selected quad for the lemma: lord_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A47716
|
The second part of Reports and cases of law argued and adjudged in the courts at Westminster in the time of the late Q. Elizabeth, from the XVIIIth to the XXXIIId year of her reign collected by that learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases and of the matters contained in the book.; Reports and cases of law argued and adjudged in the courts at Westminster. Part 2
|
Leonard, William.
|
1687
(1687)
|
Wing L1105; ESTC R19612
|
303,434
|
242
|
adjudged by the whole Court that the Covenant did not lie by one of them onely but ought to be brought by them both LXI Carter 's Case Mich. 33 Eliz. In the Common Pleas. A Being seised of the Manor of Staple in Odiham 1 Cro. 208. Owen Rep. 84. 8 Co. 119. and of divers other Lands in Odiham suffered a common Recovery of the whole and by Indenture expressed the uses in this manner viz. of all his Lands and Tenements in Odiham to the use of his wife for life the remainder over c. And of the Manor of Staple to the use of his youngest son in tail but by the clear opinion of the whole Court although the Manor of Staple was in Odiham yet the wife shall have nothing therein for the intent of the party was that the son should have the same and his wife the residue and accordingly Iudgment was given LXII Cobb and Prior 's Case Mich. 33 Eliz. In the Common Pleas. THE Case betwixt Cobb and Prior was this A man seised of Lands in Fee devised the same to his Wife during the minority of his Son upon condition that she should not do Waste during the minority of the said Son and died The Wife married a Husband and died the Husband committed Waste It was holden by all the Iustices That the same was not any breach of the Condition and Iudgment was entred accordingly LXIII Taylor and Brounsal 's Case Trin. 33 Eliz. in the Common Pleas. IN an Information upon the Statute of 32 H. 8. by Taylor against Brounsal the Case was That John Brounsal was seised and gave the Lands to T. B. and the Heirs of his body c. the Remainder to R. B. and the Heirs male of his body the Remainder to the right Heirs of J. B. T. B. died having issue a Daughter and R. B. made a Lease for years of the Lands And it was holden by the Court to be no maintenance within the said Statute for he in the Remainder might make a Lease for years Then it was given in Evidence That a common Recovery was had against the Husband and Wife with a single Voucher and so the Remainder limited to R. B. destroyed and that after that Recovery R. B. made the Lease To which it was said by the other side That the said Recovery was never executed and no discontinuance of the Remainder and then the Lease made by R. B. was good and the truth of the Case was That such a Recovery was had and an Habere facias seisinam awarded and retorned but no Execution was in truth had upon it nor the Recoveror never entred And if R. B. who is a stranger to the said Recovery shall be admitted against the Recovery to say That no Execution was thereof was the Question and therefore all the matter was found by special Verdict It was also given in Evidence That the Land was given to T. B. and the Heirs males of his body and then when the Daughter which is not in truth inheritable entereth if that Entry she being privy in bloud to R. hee Vncle shall be a Disseisin or Abatement c. as in the Case of Littleton where the youngest Brother entreth after the death of the Father for in such case the youngest Son doth not get any Freehold but is but a Tenant at sufferance Anderson When the Daughter enters and takes a Husband who leaseth for years and the Lessee entreth the same is a Disseisin Periam doubted it for he said When the younger Son entred the Freehold was in him which Anderson doubted LXIV Maunsel and Vernon 's Case Trin. 33 Eliz. In the Common Pleas. IQ Debt by Maunsel against Hen. Vernon Esquire who came in by Capias i. compulsary Process and pleaded That he was Hen. Vernon Lord Powis and so a Baron of the Parliament and demanded Iudgment of the Writ Note some said That if the Defendant had come in by Issue joyned or gratis and not by compulsary Process he could not have pleaded this Plea or any other Misnosmer The Plaintiff replyed That the Defendant is an Esquire absque hoc that he is Lord Powis and a Baron of the Parliament and as the Iury was ready at the Bar to try this Issue this matter was objected And Anderson conceived That this Plea to the Writ was not good for the name of Lord is not any degree as Knight Duke Earl nor is it parcel of the name nor parcel of addition and therefore it is no Plea in abatement of a Writ and all the Writs of Parliament directed to Barons to summon them to Parliament shall have their Names Sirnames and Additions as if they be Knights Knights and if Esquires they shall be named Esquires and if a Bond be made by J.S. Lord R. the Writ shall not be so for the King by his Writ doth not name any one Lord but otherwise it is of Duke Earl c. for these are Offices of Dignity and parcel of their Names and not onely Additions Windham and Periam contrary and they conceived that there was no difference in this point betwixt a Lord and an Earl for which cause the Court being in doubt although that the Exception was entered of Record would have saved the same to the party and taken the Iury de bene esse but afterwards because it appeared it was joyned in the prejudice of Sir Edward Herbert who was a stranger thereunto and whose Title was concerned therein and there was none on his part to inform the Iury the Iury was at last dismissed by the Court. LXV Penruddock and Newman 's Case Trin. 28 Eliz. In the King's-Bench IN an Ejectione Firmae by Penruddock against Newman 1 Leon. 279 the Plaintiff declared of a Lease made by the Lord Morley and upon Not-guilty pleaded the Iury found this special matter scil That W. Lord Mounteagle seised of the manner of D. whereof c. became bound in a Statute in such a sum of Money to A. who died the Executors of A. sued Execution against the said Lord scil Extendi facias a Liberate issued upon which the said Manor was delivered to the Executors but the said Liberate was not retorned and it was farther found That the Executors being so possessed of the Manor the Lord commanded a Court Baron to be holden there which was done by sufferance and permission of the Executors and in their presence at which time the Executors said to the Lord the Conusor We have nothing to do with this Manor And upon this Verdict several matters were moved 1. If the Execution were well done because the Writ of Liberate was not retorned and as to that divers Books were cited 21 H. 6. 8. 18 E. 3. 25. And there is a difference betwixt a Liberate and a Capias ad satisfaciend and Fieri facias these Writs are Conditional Ita quod habeas corpus c. Ita quod habeas denarios hic in Curia 32 H. 8. ca. 28. 16 H. 7.
THE SECOND PART OF REPORTS AND CASES OF LAW Argued and Adjudged in the COURTS at WESTMINSTER In the Time of the late Q. ELIZABETH From the XVIIIth to the XXXIII d Year of Her Reign Collected by that Learned Professor of the LAW William Leonard of the Honourable Society of Gray's-Inn Esq With Alphabetical TABLES of the Names of the CASES and of the MATTERS contained in the BOOK LONDON Printed by the Assigns of R. and E. Atkins Esquires for R. Chiswell and Tho. Sawbridge in St. Paul's Church-yard and Little Britain 1687. To the READER I Here present to thy view and study The second Part of the Reports and Cases collected and taken in French by that grave industrious and Learned Professour and Practiser of the Common Law William Leonard Esq sometimes of the Honourable Society of Grays-Inn in the Reign of the late Queen Elizabeth which Reports were of such inestimable value by reason of their authentick Arguments that they were transcribed by divers Honourable and Learned persons as may appear by my Epistle to the first part of His Reports these together with the first part being select Cases by many Eminent Lawyers of this Nation thought to be worthy the Press How deserving the Authour is of thy candid censure I refer to thy deliberate judgment Hic labor hoc opus est As for the Work it requires totum non mixtum hominem an intire man without other diversions If thou best a representative Warrior for the lives and patrimonies of thy Clients I here present thee with a weapon to defend them and though the Military Profession be very Noble and Honourable because most dangerous yet the Profession of the Law herein challenges precedency 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because the Sword is but a servant to Justice consecrated by the Almighty to maintain and defend the Law for if men were just the Sword might be sheathed and to speak in the Dialect of Sir John Davies in his eloquent Epistle to the Irish Reports We see Heathen Kingdoms subsist without Religion and you may imagine a Kingdom to subsist without Physicians as once Rome did but all men at all times and in all places stand in need of Justice and Law which is the commensurate rule of Justice and consequently Lawyers who are the Ministers and Secretaries of Justice the Queen and Empress of all other Moral Virtues according to the axiom or Maxim Conciliarii sunt organa Justitiae in corpore Politico But Candid Reader not to defatigate thy clemency neither to trespass too much upon thy patience with a prolix Epistle I do here tender these Reports to thy judgment upon a serious and deliberate consideration presuming they as well as the first may tend to thy use and benefit in the course of thy study and practice of Law which is all that is desired The Names of the Learned Lawyers Serjeants at Law and Judges of the several Courts at Westminster who Argued the Cases and were then Judges of the said several Courts Viz. A ANDERSON Lord Chief Justice of the Common Pleas. Anger Attham Serjeant at Law afterwards one of the Barons of the Exchequer Atkinson Ayliffe Justice of the King 's Bench. B Beaumont Serjeant at Law after Judge of the Common Pleas. Bromley Lord Chancellour of England Bacon afterwards Lord Chancellour of England Barkley C Coke afterwards L. C. Justice of the Common Pleas. Clench one of the Judges of the King 's Bench. Cooper Serjeant at Law. Clark Baron of the Exchequer Coventrie after Lord Keeper of the Great Seal D Daniel one of the Judges of the Common Pleas. Drew Serjeant at Law. Dyer Lord Chief Justice of the Common Pleas. E Egerton Sollicitor of the Queen after Lord Chancellour of England F Fleetwood Serjeant at Law Recorder of London Fuller Fenner Serjeant after Judge of the King's Bench and then after Lord Chief Justice G Gawdy Serjeant at Law. Gawdy one of the Judges of the King 's Bench. Golding Serjeant at Law. Glanvile one of the Judges of the Common Pleas. Gent one of the Barons of the Exchequer Godfrey H Haughton Serjeant at Law after one of the Judges of the Common Pleas. Hammon Serjeant at Law. Harris Serjeant at Law. Heale Serjeant at Law. Hobart after Lord Chief Justice of the Court of Common Pleas. K Kingsmill Judge of the King 's Bench. L Laiton Leonard M Meade Serjeant at Law after Judge of the Court of the Common Pleas. Morgan Serjeant at Law. Manwood Lord Chief Baron of the Exchequer Mounson Justice of the Common Pleas. O Owen Serjeant at Law after Baron of the Exchequer P Popham Attorney General of the Queen after L. C. Justice of the King 's Bench. Periam Judge of the Common Pleas. Pepper Attorney of the Court of Wards Plowden Puckering the Queens Serjeant at Law. R Rhodes one of the Judges of the Common Pleas. S Snag Serjeant at Law. Snig one of the Barons of the Exchequer Shuttleworth Serjeant at Law. T Tanfield Serjeant at Law after Lord Chief Baron of the Exchequer Topham W Wray Lord Chief Justice of the King 's Bench. Windham one of the Judges of the Common Pleas. Walmesley Serjeant at Law after one of the Judges of the Common Pleas. Y Yelverton Serjeant at Law after one of the Justices of the King 's Bench. THE Names of the Cases A ARds and Smiths Gase SECT 82 Amner and Luddintons Case SECT 115 Alexander and Dyers Case SECT 121 Aldersley and Dupparries Case SECT 126 Andrews Case SECT 231 Alford and Leas Case SECT 145 Ashpernons Case SECT 228 Sir Anthony Denneys Case SECT 239 Anonymus SECT 8 9 12 13 18 19 22 23 41 44 60 69 85 86 93 135 186 193 196 197 210 211 214 218 221 227 246 247 252 254 259 260 261 272 276 277 278 279 280 285 B Beaumont and Deans Case SECT 15 Brents Case SECT 25 Barns and Smiths Case SECT 28 Baskervile and the Bishop of Herefords Case SECT 66 Backhouse and Spencers Case SECT 68 Brasiers Case SECT 73 Bardens and Withingtons Case SECT 75 Beaumonts Case SECT 79 Brian and Cowsens Case SECT 92 Brooks Case SECT 111 Bridget Clarkes Case SECT 113 Bashpools Case SECT 123 Bennet and Shortwrights Case SECT 124 Bigg and Clarks Case SECT 132 Bows and Vernons Case SECT 136 Barefoot and Luters Case SECT 148 Brown and Ordinacres Case SECT 149 Bedels Case SECT 153 Bostock and Coverts Case SECT 174 Berry and Goodmans Case SECT 182 Borough and Holcrofts Case SECT 195 Basset and Prowes Case SECT 200 Barker and Taylors Case SECT 206 Bostwick and Bostwicks Case SECT 238 Beale and Langleys Case SECT 257 Brocchus Case SECT 264 Bawell and Lucas Case SECT 281 C Cranmers Case SECT 7 Creswell and Cokes Case SECT 10 Colshill and Hastings Case SECT 20 Clark and Greens Case SECT 34 Clarks Case SECT 36 Collet and the Bailiffs of Shrewsburies Case SECT 43 Cobb and Priors Case SECT 46 62 Costard and Wingfields Case SECT 58 Carters Case SECT 61