Selected quad for the lemma: lord_n
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A67724
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The young lawyer's recreation being a choice collection of several pleasant cases, passages, and customs in the law for the entertainment as well as profit of the reader.
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Philonomus.
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1694
(1694)
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Wing Y104; ESTC R6327
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83,933
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224
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the Realm or Lord of Parliament Scil. Baron Viscount Earl Marquiss and Duke propter honoris respectum are not to be sworn on Juries and if neither Party will challenge him he may challenge himself for 't is provided by Magna Charta Quod nec super cum ibimus nec super eum mittimus nisi per legal◠judicium parium suorum aut per legem terrae Co. 6. 52 53. But note If a Peer is to be tried by his Peers he cannot challenge any of ' em 1 Inst 156. b. Where an Infant shall not reverse his Fine IF an Infant being a Feme covert or other Infant levy a Fine by grant and render to her or him in tail or for Life and the Husband die the Wife shall not have a Writ of Error because she is Tenant of the Land and she cannot have a Writ of error against herself so that she is without remedy So in the case of the other Infant per Catlyn Owen 33. Where one shall have a Formedon of Land that was never given 'T IS holden in 42 Edw. III. 53. cited in Mary Pottington's Case Co. 10. 37. b. that in some case a Man shall have a Writ of Formedon of Land that was never given as if Lands in tail are lost and the Tenant in tail recovers other Land in value the Issue in tail shall have a Formedon of the Lands recovered in value and yet those Lands were not given Livery and Seisin over a Wall IF one that is seised in Fee of an Orchard makes a Feoffment of it to I. S. and goes into the Orchard and cuts a Turf or a Twigg and delivers it in the name of Seisin to the Feoffee over a Wall of the same Orchard the Feoffee then being in other Land not mentioned in the Feoffment this is a void Livery 2 Roll. 6. numb 5. Note If it appears that the Feoffor intends to make an actual Livery it shall never amount to a Livery in Law 2 Roll. 7. n. 40. Where a Man shall give and take by his own Livery IF there be Dean and Chapter and one of the Chapter is sole seised of Land in Fee in his own right and thereof enfeoffs the Dean and Chapter by Deed and makes Livery and Seisin according to the Deed here the Feoffor gives and takes by the same Livery Perk. Sect. 205. So of a Mayor and Commonalty c. William the Conqueror 's Charter to Norman Hunter I WILLIAM the Third Year of my Reign Give to thee Norman Hunter To Me that art both Leef and Dear The Hop and the Hopton And all the Bounds up and down Under the Earth to Hell Above the Earth to Heaven From Me and Mine To Thee and Thine As good and as fair As ever they were To witness that this is Sooth I bite the White Wax with my Touth Before Jug Maud and Margerie And my youngest Son Henry For a Bow and a broad Arrow When I come to hunt upon Yarrow Vide Speed 424. b. 2 Roll. 181. Meriton's Anglorum Gesta in Vita W. I. Whether one can take and loose a Fee by the same Livery TENANT in Tail makes a Lease for his own Life the Remainder to the Donor in Fee this gift of the Fee is void because the Donor had it before But if Tenant in Taile make a Lease pur auter vie the Remainder to the Donor this vests a new Fee in him because that by the discontinuance he devested the ancient Fee out of him and gave him a new Fee-Simple by Marvine But Knightly denied this to be Law and that there should not be a new Fee-Simple in the Donor because then he should take a Fee and loose a Fee by the same Livery at an instant which cannot be ideo quaere Dyer 8. a. 9. a. Slander A. THE Attorney of B. brought an Action against C. for saying to B. Your Attorney is a bribing Knave and hath taken Twenty Pound of you to cozen me Judge Warburton held the Words not Actionable for an Attorney cannot take a Bribe of his own Client But Hobart said he might when the reward exceeds measure and the end against Justice as to raze a Record c. and Hob. says after he had spoken Justice Warburton began to stagger in his opinion and so the Plaintiff had Judgment Hob. 8 9. and 1 Roll. 53. Infant AN Infant brought an Action of Trespass by her Guardian the Defendant pleads that the Plaintiff was above Sixteen Years old and agreed for 6 d. in Hand paid that the Defendant have licence to take two Ounces of her Hair to which the Plaintiff demurred and adjudged for her for an Infant cannot licence tho' she may agree with the Barber to be trimmed 3 Keb. 369. Scroggam against Stewardson Trespass for shaking a Sword at him A WOMAN shook a Sword in a Cutler's Shop against the Plaintiff being on the other side of the Street and in Trespass of Assault and Battery there was a Verdict of the Assault and not guilty of the Battery 'T was prayed to give no more Costs than Damages and so granted which was a Noble 3 Keb. 283. Smith and Newsam Where a Man shall be forced to spend his Money against himself I. S. PRAYED a Prohibition to the Ecclesiastical Court at Salisbury because his Wife Sued him there to be separated propter saevitiam and Sentence was given for him and he enforced to pay all the Costs for his Wife afterwards she appealed and because he would not answer the Appeal against himself and pay for the transmitting of the Record he was excommunicated and now prayed a Prohibition it was thought by the Court a very hard case that he should be obliged to spend his Money against himself but because it was alledged that the Course was so in the Spiritual Court they would advise c. and proceedings stayed in the mean time Cro. Car. 16. Green's Case One Indicted for taking away a young Woman and Marrying her ONE Brown was Indicted on Stat. 3 H. VII cap. 2. for forcibly taking away and marrying the Daughter of one Sommers a City Orphan in the Custody of the Chamberlain Note The Child herself being about Fourteen Years old was held a good Witness to prove the Fact and the evidence was that she was worth 5000 l. that she was menaced by the Defendant in a Vizard and carried away in a Coach to Westminster and the next day with her own consent but caused by the precedent menace she married him but was not defiled having been surprised that day he was found guilty and had judgment to die and was accordingly executed 3 Keb. 193. See the Lady Fullwood's Case Cro. Car. 482 484 488 492. and Halès Pla. Cor. tit Felonies by Stat. that the taking a Woman against her Will and marrying her is Felony by the said Statute But such Maid Widow or Wife must have Lands Tenements or Goods or be Heir Apparent so that the Motive of taking away is Lucre and
she was Sixteen Years old at which time she should come to her Land she came to demand it and was directly proved to be the true Child Herein is a double caveat First to Judges that in case of Life they judge not too hastily upon bare presumption Secondly to the innocent Man that he never seek to excuse himself by false or undue means lest thereby offending God he overthrow himself as the Uncle did 3 Inst 232. A Non compos mentis shall not suffer Execution for Felony or Treason c. IF a Man commit Treason or Felony and confesses the same or be thereof convict and after become De non sanae Memoriae he shall not be called to answer Or if after judgment he become De non sanae Memoriae he shan't be executed for it cant be an Example to others 3. Inst 4. In Felony the Will was anciently taken for the Deed. A YOUTH was arraigned for that he would have stollen the Goods of his Master and came to his Master's Bed where he lay asleep and with a Knife attempted with all his force to have cut his Throat and thinking he had indeed done it he fled whereupon the Master cried out and his Neighbours apprehended the Youth and all this Matter being found by special Verdict in the end he was adjudged to be hanged 3 Inst 5. Quia voluntas reputabitur pro facto But Note For a bare compassing or plotting the death of a Man either by Word or Writing he should not have died but there must have been an overt deed tending to the execution of his compassing as in the case aforesaid ibid. If one beat another grievously and leave him for dead and he recover this is not Felony now Words not Treason unless set down in Writing SINCE the Stat. of 25 E. 3. divers latter Acts of Parliament have ordained that compassing by bare Words or sayings should be High Treason but all they are either repealed or expired And it is commonly said That bare Words may make an Heretick but not a Traytor without an overt Act. And the wisdom of the makers of Stat. 25 E. 3. would not make Words only to be Treason seeing such variety amongst the Witnesses are about the same as few of them agree together But if the same be set down in Writing by the Delinquent himself this is a sufficient overt act within this Stat. Note the Act says per overt fait per apertum factum and not per apertum dictum 3 Inst 14. Cardinal Pool altho' a Subject to H. VIII and of the King's Blood being descended from George Duke of Clarence Brother to King Edw. IV. yet in his Book of the Pope's Supremacy written about 27 H. 8. incited Charles the Emperour then preparing against the Turk to bend his Force against his natural Sovereign Lord and Countrey the Writing of which Book was a sufficient overt act within this Statute and to move the Emperor the more he made H. VIII almost as ill as the Turk in these Words In Angliâ sparsum nunc est hoc semen ut vix a Turcico internosci queat idque authoritate unius coaluit ibid. But Words without an overt deed are to be punished in another degree as in High Misprision ibid. which is imprisonment during life forfeiture of all Goods Debts and Duties for ever and the Profits of his Lands during his Life 3 Inst 36. Robbery IF a Theif command one to deliver his Purse who does accordingly and then the Thief finding little in it delivers it back to him this is Robbery If the true Man's Purse be fastened to his Girdle and the Thief cut the Girdle whereby the Purse falls to the Ground this is no taking to make it Robbery for the Thief had never any Possession thereof but if the Thief take up the Purse tho' he let it fall again as in striving or c. it is robbery tho' he never take it up more for he had it once and the continuance of his possession is not required by Law If the true Man seeking to escape for the safeguard of his Money cast it into a Bush which the Thief perceiving takes it this is a taking in Law from the Person because done at one time So if the true Man had let fall his Hat or thrown off his Coat and the same lying in his presence a Thief assault him and take the Hat c. this is Robbery for that which is taken in his presence is in Law taken from his Person If a Thief compel the true Man by fear to swear to fetch him a summ of Money which he does accordingly and the Thief receives it it is Robbery for the Oath and Fear continuing made him bring the Money which amounts to a Taking in Law Note Tho' it be under the value of Twelve Pence that is taken as suppose One Penny or Two Pence it is Robbery but somewhat must be taken for the Assault only to Rob without taking some Money or Goods is no Felony and such Opinions as seem to the contrary were mained by that which then was anciently holden Quod voluntas reputabatur pro facto Nota Taking a Man's Goods out of his Shop before his Face is Robbery as if he had taken it from the Person and it is nothing to the purpose tho' the Thief say I have right to this or This is mine if indeed he has no colour Felonious taking of Goods to the value of 5 s. in the Day time out of any Dwelling-House or out-House tho' no Person be within oust of Clergy per Stat. 39 El. cap 15. See these several Cases in 3 Inst 68 69. and Hales Pl. Cor. tit Robbery Cut Purses their Nature and Punishment BOTH Cut-Purse and Robber take from the Person but the former takes it Clam Secretè without assault or putting in fear and the Robber by violent Assault and putting in fear If one out a Purse with Money in it above Twelve Pence he shall be hanged and the benefit of Clergy is taken from him 3 Inst 68. Give me leave to acquaint you here with an odd accident that happened in Northamptonshire towards the end of the Reign of King James I. out of Wilson's History pag. 279. One Harman a rich Man having some bad Tenants and being informed that one of 'em which owed him Money had furnished himself to go to a Fair walked as by accident to meet him in the way thither when he saw his Tenant he asked him for the Rent the Man willing to dispose of his Money otherwise denied he had any yes I know thou hast Money said Harman calling him by his Name I prithee let me have my Rent and with much importunity the Man pull'd out his Money and gave all or the most part of it to his Landlord This coming to some pragmatical Knowledge the poor Man was advised to indict his Landlord for Robbing him on the High-way which he did and Harman for his sordid