Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	francis_n	sir_n	smith_n	31,792	5	14.7188	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A64753	The reports and arguments of that learned judge Sir John Vaughan Kt. late chief justice of His Majesties court of Common Pleas being all of them special cases and many wherein he pronounced the resolution of the whole court of common pleas ; at the time he was chief justice there / published by his son Edward Vaughan, Esq.	England and Wales. Court of Common Pleas.; Vaughan, John, Sir, 1603-1674.; Vaughan, Edward, d. 1688.	1677 (1677)	Wing V130; ESTC R716	370,241	492

is not sufficient by the Rule of the Act of 25. unless confirmed by the King It was otherwise in the Popes case before the Act. There are many Presidents in Mr. Noy's Book where in like Obj. 2 case the King after the death of a Bishop holding in Commendam after his translation to another See and after his resignation hath presented All those Presidents are since the Twentieth of the Queen which Answ 1 cannot alter the Law 2. Who knows in the cases of death whether those Presentations were not by consent of the Patrons and doubtless there are Presidents wherein the Patrons did present else this Question had been earlier But Judicandum est legibus non exemplis Vpon Translation of a Bishop holding a Commendam in the Answ 2 Retinere as long as he continued Bishop there the King ought to present for the Dispensation is determined upon his remove and then is as if it had not been and a Dispensation gives no property to the Living nor takes away any But where property is given to the Living as by Presentation Institution and Induction or by Grant as in Appropriations Hob. Colts and Glovers Case and sometimes otherwise by the King such presenting or granting for a year or six is to grant it during life As an Atturnment cannot be for a time nor a Confirmation nor a Denization or Naturalization and the like but such Acts are perfect Manwarings Case 21 Jac. Crook f. 691. as they may be notwithstanding Restriction to time as is agreed well in Manwaring's Case I shall say nothing of the case of Resignation as not being in the present Question Judgment was given by the Opinion of the whole Court That the Avoidance was by Death not by Cession Hill 19 20 Car. II. C. B. Rot. 1785. Baruck Tustian Tristram Plaintiff Anne Roper Vicountess Baltinglass Vidua Defendant in a Plea of Trespass and Ejectment THe Plaintiff declares That the Defendant vi Armis entred into 20 Messuages 1000 Acres of Land 200 Acres of Meadow and 500 Acres of Pasture cum pertinentiis in Thornbury Shalston Evershaw Oldwick Westbury and Looffield and into the Rectory of Thornbury which Thomas Gower Kt. and Baronet and George Hilliard to the said Baruck demis'd the First of Octob. 19 Car. 2. Habendum from the Feast of St. Michael the Arch-angel last past for the term of Five years next ensuing into which he the said Baruck the same day entred and was ousted and ejected by the Defendant ad damnum 40 l. To this the Defendant pleads Not Guilty And the Jury have found specially That the Defendant is not guilty in all those Tenements besides 5 Messuages 400 Acres of Land 50 Acres of Meadow 100 Acres of Pasture cum pertinentiis in Thornbury Shalston Evershaw Oldwick and Westbury and in the Rectory of Thornbury and besides in one Messuage 100 Acres of Land 50 Acres of Meadow and 100 Acres of Pasture cum pertinentiis in Looffield And as to the Trespass and Ejectment aforesaid in the said five Messuages c. and in the Rectory of Thornbury the Iury say upon their Oath that before the said Trespass and Ejectment suppos'd 22 Junii 12 Jac. Sir Arthur Throgmorton Kt. was seis'd in Fee of the aforesaid Rectory and Tenements last mentioned and of the said Premisses in Looffield and so seis'd A certain Indenture Tripartite was made 22 Junii 12 Jac. between him the said Sir Arthur of the first part Edward Lord Wootton Augustine Nicholls Kt. Francis Harvey Esq and Rowly Ward Esq of the second part and Sir Peter Temple and Anne Throgmorton Daughter of the said Sir Arthur of the third part To this effect That the said Sir Arthur Throgmorton did covenant and promise with the said Lord Wootton and Sir Augustine Nicholls in consideration of Marriage to be had between the said Sir Peter Temple and the said Anne and other the considerations mentioned in the said Indenture by Fine or Fines before the Feast of St. Michael the Arch-angel next ensuing or other good Conveyance to be levied by him and the said Dame Anne his wife to the said Lord Wootton c. The scite and precinct of the Priory of Looffield the Rectory of Thornbury and divers Mannors Lands and Tenements in the said Indenture mentioned several yearly Rents therein mentioned and all other his Lands in the Counties of Northampton Buckingham and Oxford at any time belonging to the said Priory to convey and assure To the use of himself for life without Impeachment of Waste Then to the use of Dame Anne his Wife Then to the use of the said Sir Peter Temple and the said Anne his Wife during their natural lives and the longer Liver of them and after both their Deceases To the use of the first Son of the Body of Anne by the said Sir Peter begotten and of the Heirs Males of the Body of the said first Son so to the sixth Son Then to the use of all other Sons in succession in like manner of the Body of Anne begotten by the said Sir Peter And for default of such Heirs To the use of all the Issues Female of the Body of the said Anne by the said Sir Peter begotten and the Heirs of the Bodies of the said Issues Female For default thereof To the first Son of the said Anne by any other Husband and his Heirs Males and so to the tenth In like manner to the Issues Female of the Body of Anne with divers Remainders over A Proviso That it be lawful for Sir Arthur at all times during his life to lett set and demise all or any the said Premisses aforesaid which at any time heretofore have been usually letten or demised to any person or persons for and during the term of One and twenty years or under in possession and not in Reversion or for or during any other number of years determinable upon one two or three Lives in Possession and not in Reversion reserving the Rents therefore now yielded or paid or more to be yearly due and payable during such Lease and Leases unto such person and persons unto whom the said Premises so to be demised shall come and be by virtue of these Presents if no such demise had been made so long as the same Lessees their Executors and Assigns shall duly pay the Rents and perform their Conditions according to the true meaning of their Indentures of Lease and commit no waste of and in the things to them demised The like Proviso verbatim for Sir Peter Temple and Anne his Wife to make like Leases during their Lives and the Life of the longer liver of them after the death of Sir Arthur and Dame Anne his Wife That a Fine was accordingly levied c. to the uses aforesaid They find that all the Messuages Lands Tenements and Rectory in the Declaration mentioned are compris'd in the said Indenture Tripartite They find the death of Sir Arthur Throgmorton and Anne his Wife 2. Septemb.

confessed that the Land was a Common and that he had approv'd the places in question leaving sufficient Pasture for the Tenants if then the Tenant had demurr'd upon his Plea of Sola separalis pastura the right of approving had properly come in question A man hath no right to any thing for which the Law gives no remedy This must be a Common or Nothing 1. If disseis'd the Assise is Quare disseisivit eum de Communia pasturae suae If surcharg'd an Admensuratio pasturae is Quare Superoneravit Communiam pasturam suam 22 Ass p. 48. Cok. Litt. 4. b. Trespass lies not for a Common but doth for Sola separalis pastura granted to one or more jointly But not here where all cannot joyn in Action and several Actions would cause several Fines to the King for the same offence which the Law permits not He cannot avow but for Damage done to his Common not for his Sola separalis pastura 2. No Common or Pasture can be claimed by Custome within the Mannor that may not be prescribed for out of the Mannor for what one might grant another might Foyston Cratchrod's Case 4. Rep. f. 31. But no Prescription can be for Sola separalis pastura out of the Mannor to such Common Therefore they shall not claim it by Custome in the Mannor For Copy-holders must prescribe out of the Mannor that the Lord for himself and his Tenants at will hath always had Common in such a place which Prescription gives the Lord what this Custome would take from him 3. No man enjoys a Real profit convey'd from the Lord which he cannot re-transfer again to the Lords benefit but a Commoner of such a Common cannot Release Surrender Extinguish or otherwise Convey this Common to the Lords benefit Smith Gatewoods Case 3 Jac. Cr. f. 152 6. Rep. f. 59. 15 E. 2. Title Prescript pl. 51. Which is the reason in Gatewood's Case That Inhabitants not corporate cannot prescribe in a Common none of them can extinguish or release that Common he claims A man prescribed in the sole Pasture after carrying of the Hay to a certain time of the year So tempore E. 1. a Prescription for all the Pasture and the Owner of the Soyl could only plough Fitz. pl. 55. super sow and carry his Corn but not depasture the Grass at all But no Case where different persons had by different Title as here in the same ground Solam separalem pasturam Nor no Case where Sola separalis pastura is granted to a man and his Heirs which seems the same as granting omne proficuum terrae For where it is alledged there may be Mines Woods and the like notwithstanding the Grant of Solam separalem pasturam these are casual and not constant profits they may be or not be at all When a man brings an Action as an Entry sur Disseisin or the like where he must alledge Esplees the profit of a Mine will not serve but for the Mine it self which may be a divided Inheritance from the Soyl. So may Woodland be a divided Inheritance from the Soyl and the profit or cutting of that is not Esplees of the Land generally but of the Woodland but the profits of all and every part are the Esplees of the Land and proves seisin of the whole Land which are in the form of pleading the Corn Grass and Hay which are profits pour moy pour tout and where Sola separalis pastura is granted generally away Seisin cannot be alledg'd in taking any of these It is agreed generally for Law Cok. Litt. f. 122. a. That a Prescription to have Solam separalem Communiam incertain Land doth not exclude the Owner of the Soyl to have Pasture or Estovers But by that Book a man may prescribe to have Solam vesturam terrae from a certain day to a certain day in the year and so to have Solam pasturam terrae And so are the Books of 15 E. 2. pl. 51. and of E. 1. pl. 55. in Fitz-herbert Title Prescription but they go no further nor determine what Estate he hath who claims Solam separalem pasturam to him and his Heirs excluding the Lord wholly from any Pasture Hay or Corn. In granting or prescribing to have Solam separalem Communiam why the Lord is not excluded is not clear by that Book or any other For There are two notions or senses of the word Communia the one as it signifies that Interest in the Common which one Commoner hath against another not to have the Common surcharg'd And is that Interest Fitz. Na. Br. de Admensuratione pasturae f. 125. a. to which the Writ De Admensuratione pasturae relates which only lies for Commoner against Commoner and not for a Commoner against the Lord or for the Lord against a Commoner as is clear by Fitz-herbert And in this sense there may be Sola separalis Communia for only one may have right of Common and no more either by Grant or Prescription So in this sense one part of the Tenants of a Mannor may have the sole right of Commoning in a certain place excluding the other part of the Tenants Foyston's C. 4. Rep. and may claim there Solam separalem Communiam à caeteris Tenentibus Manerii The other notion of Communia is when one or more hath right to Pasture with the Owner of the Soyl and in this sense it is impossible for a man to have solam separalem Communiam for one cannot have that alone which is to be had with another nor do that alone which is to be done with another So as a man may have Solam separalem Communiam in that sense that none is to be a Commoner but himself but not in that sense that none else should depasture the Land but he for Communia cannot signifie an absolute several As 't is a Contradiction that a Common which is to more than one can be a several and belong but to one So it is an equal Contradiction That what in its nature is to be the right of one only can be Common and the right of more than one Others cannot have what is only to be had by me more than I can have only what is to be had by others with me Therefore Sola separalis Pastura may be enjoyed by one or by many jointly and by way of Survivor but not by many by different Titles as belonging to several Free-holds for Sola separalis pastura can be but Soli separatim Na. Br. f. 231. a. l. c. 8 E. 4. f. 17. Br. grants pl. 95. If the King had a Corody from an Abby of two or three loaves of Bread per diem and of so many measures of Drink this might be granted to two or three several persons But if he had a Corody of one Meal a day or Sustentationem unius Valecti per diem this