Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	earl_n	heir_n	marry_v	14,928	5	9.7882	5	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

of England before the Conquest and other Armes after to his owne Armes and other pretences against the Prince and hee was tryed by Knights and Gentlemen and not by Lords nec per pares regni because that hee was not Earle by creation but by Nativity as Heir apparent of a Duke which is no dignity in Law for if hee had beene of dignitie by creation and Lord of Parliament he should be tryed by his Peeres 38 H 8. B. Treason 2. 'T was agreed that for misprision of Treason or if a man knowing counterfeit money and imports it out of Ireland into England and utters it in payment or the like a man shall lose his goods for ever and the profits of his Land for his life and shall be imprisoned for term of life 6 E 6. B Treason 19. the end Note that it appeares by divers Records and Presidents that these words compas or imagine the death of the King are large words for he that maliciously devises how the King shall come to death by words or otherwise and doth an act to explain it or the like this is Treason And hee who intends to deprive the King in this is intended the death of the King quaere of the depriving for by B a man may deprive and yet intend no death And for this cause a Statute was thereof made Time H 8. E 6. And the detayner of a Castle Fortresse or the like against the King is levying of warre against him all which words levying of warre and the others afore are in the Statute of 25 E 3. And adhering to the Enemies of the King ibm ayding and strengthening them 1 M 1 B Treason 24. 'T was agreed in Parliament that for misprision of Treason the Fine used to bee the forfeiture of all his goods and the profits of all his Land for his life and his body imprisoned ad voluntatem Regis for misprision is finable 2 M 1. B Treason 25. the end Note that if an alien borne of a Countrey which is in amity and peace with this Realme comes into the Realme with English Traytors and levies warre this is Treason in all contrary if the Country of the alien were in warre against England for then the alien may bee killed by Marshall Lawe 4 M 1. B Treason 32. Trespas Note that in the Register amongst the Writs of Trespas there are many Writs of Trespas quare vi armis equum suum apud D inventum cepit effugavit c. And so see that if they be taken in a Common or other land which is not to the owner of the beasts yet he shall have Trespas vi et armis but not quare clausum fregit 3 M 1. B Tenants 421. Tryall Peere of the Realme shall bee tryed by his Peeres if hee bee arraigned upon an Indictment contrary if he be arraigned upon an Appeale for at the suite of parties he shall not be tryed by his Peeres and so was Fines Lord Dacres of the South this yeere and hanged for Felony for the death of a man who was found in his company at a hunting in Sussex 33 H 8. B Jurors 48. the end Tryalls 142. Note that in a Court Baron the tryall is by wager of Law but they may bee by Jury ex assensu partium And the Maximes and generall Customes of the Realme which is the common-Law shall bee tryed by the Justices And the same Law of expositions of Statutes And by the Civill-Law the Judges have the construction of Statutes likewise But particular Customes shall not bee tried but per Patriam 33 H 8. B Trialls 143. Note that a Bishop is a Peere of the Realme and shall bee tryed per pares suos upon an arraignment of a Crime and so put in use therefore Knights shall be of the Jury and if not the Panel shall be quashed yet see 27 H. 8. that the Bishop of Rochester was not tryed by his Peers 2 M. 1. B. Trials 142. the end Variance Quare Impedit upon a grant de proximum presentatione granted to I N. Gentleman and in the writ brought by I. N. this word Gentleman is omitted and the Defend ' demanded Oyer of the Deed and had it and the variance no matter for the Action of quare Impedit is founded upon the disturbance and not upon the Deed as an action of Debt is founded upon the Obligation 2 E. 6. B. Variance 109. Verdict Note That the Court of Common Bench would not permit a Verdict at large in a writ of entry in nature of an assise because t was a Precipe quod reddat at which B. admires for it seemeth to him that upon every general issue a Verdict at large may be given 23 H. 8. B. Verdict 85. Special Verdict where the issue is upon an absque hoc See Tit. Issues Joynes Villeinage If a Villein comes to an Executor or to a Bishop Parson or the like in jure Ecclesiae and he purchases Land the executor enters he shall not have it j●re proprio but as Executor and it shall be Assets And if the Bishop or the Parson enters he shall not have it but in jure Eccesiae because that they had not the villein in jure proprio but in another right contrary if they had had the villein jure proprio 33. H. 8. B. Villeinage 46. The King shall not have the villein of another in ward and yet if there be an Ideot he shall have the villein of the other who is so Ideot Quaere And the King shall have the perquisite of a villein of another if he hath him as Ideot Lecture B. Villeinage 71. Voucher See B Tit. Voucher 84. Vsury Note that where a man for 100l sels his Land upon condition That if the Vendor or his heirs repaies the summ citra festum Pasche or the like tunc prox futur that then he may re-enter this is not usury for he may repay the day before or any time before Easter and therefore he hath not any gain certain to receive any profits of the Land and the same Law where a defeisance or Statute is made for the repayment citra tale festum E contra if the condition be that if the said vendor repays such a day a year or two years after this is usury for he is sure to have the Lands and the Rents or Profits this year or these two years And so where a Defeisance or Statute is made for the repayment ad tale festum which is a year or two after 29. H. 8. B. Vsury 1. If a man Mortgages his land upon defeasance of repayment to re-enter by which Indenture the Vendee Leases the same land to the Vendor for years rendring rent there if there be a conditition in the lease that if the Vendor repaies the summ before such a day that then the Lease shall be void this is not usury Otherwise if it be

a Formedon And the best opinion that an Abbot Mayor and Commonalty nor other Corporations shall not bee seised to a use for their capacitie is only to take to their own use And also if the Abbot execute an estate the successor shall have a writ of Entry sine assensu capituli and those that are in the ●ost as by Escheate Mortmain Per●uisite of Villeine Recovery Dower by the courtesie and the like are seised to their own use and to another use And also the Stat of 1 R 3. is That all Gifts Feoffments Grants of cestuy que use shall be good against all c. saving to all persons their rights and interests in tayl as if this Stat had not been made and therefore Tenant in tayl shall not bee seized to a use And 't was agreed by the Court That the words in the end of the Stat of 1 R 3. saving such right and interest to the Tenant in tayl c. is taken Tenant in tayl in possession and not Tenant in tayl in use for cestuy que use in tayl hath no right nor interest And also here there is a Tenure betwixt the Donors and the Donees which is a consideration that the Tenant in tayl shall be seized to his own use And the same Law of Tenant for term of yeers and Tenant for life their fealty is due and where a rent is reserved there though a use be expressed to the use of the Donor or Lessor yet this is a consideration that the Donee or Lessee shall have it to his own use And the same Law where a man sells his Land for 20. l. by Indenture and executes an Estate to his own use this is a void limitation of the use for the Law by the consideration of money makes the Land to bee in the Vendee Et opinio fuit That a use was at Common-Law before the Stat of Quia emptores terrarum but uses were not common before the same Stat For upon every Feofment before this Stat there was a Tenure betwixt the Feoffors and the Feoffee which was consideration that the Feoffee shall be seized to his own use but after this Stat the Feoffee shall hold de capitali domino and there is no consideration betwixt the Feoffor and the Feoffee without mony paid or other especiall matter declared for which the Feoffee shall be seized to his own use For where the Stat of Marlebr is that a Feofment by the father Tenant in chivalry made to his son by covin shall not toll the Lords Ward c. In these Cases the Feoffor after such Feofment takes the profits of the Land all his life And the same Law by Shelley of a Feofment made by a Woman to a Man to marry her the Woman takes ●he profits after the esponsalls Quaere ●nde for this is an expresse consideration in it self And by Norwich If a man deliver money to I S to buy land for him and he buyes it for himself to his own use this is to the use of the buyer and to the use of him who delivered the mony and there is no other remedy but an action of deceipt 14 H 8. B Feofments to uses 40. Note if a Feofment be made to the use of W N for term of his life after to the use of I S and his Heirs their cestuy que use in remainer or reversion may sell the remain or reversion in the life of W N but hee cannot make a Feoffment till after his ●eath 25 H 8. B Froffments to uses 44. 'T is holden that if the Feoffees seised to the use of an Estate taile or other use are impleaded and suffer the common recovery against them upon bargaine this shall bind the Feoffees and their Heirs and cestuy que use and his Heirs where the buyer and recoveror hath not conusance of the first use And by Fitz it shall binde though they had notice of the use for the Feoffees have the Feesimple Et per plures if cestuy que use in tail● be vouched in a recovery and so the recovery passes it shall bind the tait● in use s cestuy que use and his Heirs and otherwise not And this B seem to be by the Stat which excepts tenant in taile which is intended tenant i● taile in possession and not cestuy que use in taile for cestuy que use in tai●● is not tenant in taile 29 H 8. B Recovery in value 20. Feoffments to uses 56. Feoffees in use make a lease for yeers rendring rent to another who hath notice of the first use yet the Lease shall be only to the use of the Lessee himselfe And the same Law per plures though no rent be reserved And if a man makes a Feofment and annexes a Schedule to the Deed conteyning the use hee cannot change the use after and so if hee expresses the use in the Deed of Feofment but otherwise where hee declares the use by words of his Will s I will that my Feoffees shall bee seized to such a use there he may change this use because by Will c. And that if a Feofment be made to the use of the Feoffor in tail after he execute an estate to him in ●ee the use of the Estate taile is determined 30 H 8. B Feofments to uses 47. If A Covenants with B That when A shall be Enfeoffed by B of three acres of Land in D that then ●he said A and his Heirs and all others seized of the Land of the said in S shall be thereof seised to the use of the said B and his Heirs there if A makes a Feofment of his Land in S and after B Enfeofs A of the said three acres in D there the Feoffees of A shall bee seised to the use of B notwithstanding they had not notice of the use for the Land is and was ●ound with the use aforesaid to whose hands soever it shall come and 't is not like where a Feoffe in use sells the Land to one who had not notice of the first use for in this first Case the use had not being till the Feofment be made of the three acres and then the use doth commence 30 H 8 B Feoffments to uses 50. 'T was doubted if a Recovery had against cestuy que use in taile shall binde the Heir in taile But by Hales Just By such Recovery the entry of the Feoffees seised to the use of the Estate taile is taken away but after the death of cestuy que use who suffered the Recovery the Feoffees may have a writ of right or writ of entry ad terminum qui preteriit in the post or the like And by some there is no use in taile but 't is a fee-simple conditiona● at common Law as 't was of the taile before the Stat of W 2. And this Stat makes no mention but of gifts in taile which

primer sesin of the third part by vertue of that clause in the Stat Saving to the King Ward Primer sesin Livery and the like by which it appears that the intent of the act is that the King shall have as much as if the Tenant had made a will and had dyed seized yet by all after that the King is served of his duty of it the gift is good to the Donee against the Heir 2 E 6. B Testament 24. Note that 't was adjudged betwixt Vmpton and Hyde that the explanation of the Statute of Wills is not to take effect only from the time of the explanation but the first Stat which is explaned shall be so taken ab initio So that the Wills of Vmpton Gainesford and others which are excepted in the explanation shall be taken good by the Stat of 32 H 8. of Wills which was explaned 4 M 1. B Testament 26. Testmoignes Witnesses The age of Witnesses in an Aetate probanda is 42 years Lecture B Testmoignes 30. the end Titles Note that a man shall make a good title in an Assize to say that I N was seized in Fee to the use of T P which T P infeoffed the Plaintiff who was seized and disseized c. without shewing what person made the Feoffment to the use of T P or how the use commenced 36 H 8. B Titles 61. Travers of Office 'T is said for Law that none can traverse except he makes title to the same land in the premisses or close of his traverse 22 H 8. B Traverse d' Office 48. 'T was found that I S dyed seized by which W S his son comes and saith that the said I S in his life was seized in Fee and infeoffed A B in Fee to the use of the said I S and his Heirs and dyed and after by the Stat of uses 27 H 8. he was seized in possession without that that I S his father dyed seized pro ut c. and a good traverse And a Termor cannot traverse an Office by the Common-Law except it were found in the Office and then he might have a monstrans de droit and ouster L'main the King 29 H 8. B Travers d' Office 50. Where a man shall have a Petition where traverse See Tit Petition Where the King hath no other title but by false Office there the party who can make title may traverse as well against the King as against the party if the King had granted it over but now this is helpt by Stat 33 H 8. B Travers d' office 51. the end Where a Tenure is found of the King ut de Ducat suo Lancastrie which in truth is false yet this need not to be traversed for the King hath this Duchy as Duke not as King and a man shall not be put to traverse but where the Office is found for the King ut pro rege Angliae for then he hath a prerogative and as Duke none 1 E 6. B Travers d' Office 53. Non-suit or relinquishing of a traverse is peremptory contra of Non-suit in a Petition and the Judgement of traverse is no other sed quod manus domini Regis amoneantur et quod possessio restituatur to him that traversed Lecture B Travorse d' Office 54. Travers by c. What thing shall be traversable what not See Tit Issues joynes Action for making false clothes in Bartholomew-Fair contrary to the Stat The other saith that he made them well and truly at D in the County of F without that that he made them in Bartholomew-Fair in L pro ut c. and a good Plea 35 H 8. B Travers by c. 368. If in Assize the Tenant Pleads that his Father was seized in Fee and dyed by Protestation seized 'T is said that the Plaintiff may make title by a stranger without that that the father of the Tenant was seized in Fee c. 38 H 8. B Travers by c. 26. the end Information in the Chequer the Defendant Pleads a Plea and traverses a materiall point in the information upon which they are at issue there the King cannot waive this issue as he may in other cases where the King alone is party without an Informor ut supra by the Kings Attorney and ●thers learned in the Law 38 H 8. B Travers by c. 369. Tender not traversable in a Writ of ●ntrusion maritagio non satisfac for the single value See Tit Forfeiture of marriage Trespas The Defendant said that I N was seized in Fee and leased to him for twenty one years and gave colour the Plaintiff said that his father was seized and dyed seized c. and ●he entred and was seized untill the Trespas absque hoc quod dictus J N aliquid habuit tempore dimissionis and a bad traverse but he shall say without that that I N was seized in Fee modo forma pro ut c. in Communebanco 4 E 6. B Travers per 372. Assize The Tenant makes a barr by a Stranger and gives colour the Plaintiff makes title by the same person by which the Defendant made his barr s that I S was seized and gave in tayl to his father who infeoffed W N who infeoffed the Tenant upon whom A B entred and infeoffed the grandfather of the Plaintiff whose Heir he is in Fee who dyed seized and the Land discended to the Plaintiff so he was in in his Remitter until by the Defendant disseized And in truth A B never entred nor never infeoffed the Grandfather and yet 't was held cleerly that the Tenant in his barr to the title cannot traverse the Feoffment of A B but ought to traverse the dying seized of the grand-father of the Plaintiff which remitted him for this binds the entry of the Tenant and is the most notable thing in the title 4 E 6. B Travers per 154. Trespas The Defendant said that I was seized and infeoffed him and gave colour The Plaintiff may say that H was seized and leased to I at will who gave to the Defendant and R re-entered and infeoffed the Plaintiff he ought to say without that that I was seized in Fee modo forma pro ut c. Time E 6. B Travers per 217. the end Place not traversable See Tit Attaint Treason A Chaplaine had affixed an ancient seale to a Patent of non-residenee made by himselfe of the part of the King and was imprisoned in the Fleet for it And 't was holden misprision and no Treason by the Justices and he escaped and was not put to death for 't was said That because he did not counterfeit the Kings seale but tooke an ancient seale this is not Treason 37 H 8. B Treason 3. the end 5. Note that in January this yeere H Howard Earle of Surrey sonne and Heir apparent of Thomas Duke of Norfolke was attainted of high Treason for joyning the Armes