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	william_n	36,923	5	8.8615	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80192	The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.	Colquitt, Anthony.; Washington, Joseph, d. 1694.; Great Britain. Court of Exchequer.; England and Wales. Court of Common Pleas.; England and Wales. Court of Chancery.; England and Wales. Court of King's Bench.	1698 (1698)	Wing C5416; ESTC R171454	291,993	354

a Scandalum Magnatum 216 Where it shall be intended though not laid in the pleading 304 Victuals Justification of a Trespass for that they were corrupt 56 Vnity of Possession Where it doth not destroy a Right of Common 277 Vsage Where it shall not intend a Right it may be Evidence of a Right 278 Vse Where a Man shall take by way of springing Use 208 Uses not favoured in the Law 210 How they came first into Conveyances 251 Use may be raised by the reservation of a Pepper Corn to make a Tenant to the Praecipe 249 250 Where the Statute of 27 H. 8. creates an Use till a future Use cometh in esse 208 Vsury The Contract it self must be Usurious to make the Security void 307 W. Wales EXecution shall go thither upon a Judgment obtained in the Courts at Westminster 11 Wager of Law Where Compurgators shall be required 140 141 Ward Cannot be where the Infant is in by Purchase and not by a Descent 176 177 Warden of the Fleet. How far his Limits extend 221 Warranty Where it shall descend and bar the Issue 109 110 c. Where a Fine sur concessit shall displace an Estate and turn it to a Right and the Collateral Warranty bar the Heir 110 Voucher and Rebutter are incident to it 14 Waste Brought by one Tenant in Common alone and good 61 62 Will. Judgment given upon the Construction of the words therein 223 224 Where the Republication makes it a new Will 313 Ecclesiastical Court the proper place for the determination when a person is capable of making a Will 315 Words Of doubtful signification shall not be construed to work a wrong 116 Where the Pronoun illa doth restrain former words 106 107 Vsque is exclusive in Pleading 280 Words are to be taken in a common and ordinary understanding 183 187 Words where they are made actionable by averment of Damages 150 Words in an Act of Parliament are to be taken in a common meaning 183 187 Wrong No construction shall be made to work a wrong 80 BOOKS Printed for and Sold by CHARLES HARPER at the Flower de Luce over against St. Dunstans Church in Fleetstreet LAW-BOOKS THE Reports of Sir Payton Ventris Knight late one of the Justices of the Common Pleas in Two Parts The first Part containing Select Cases Adjudged in the Kings Bench in the Reign of King Charles the II. With three Learned Arguments one in the Kings Bench by Sir Francis North and two in the Exchequer by Sir Mathew Hale when Lord Chief Baron The second Part containing Choice Cases Adjudged in the Common Pleas in the Reigns of King Charles the II. and King James the II. And also in the three first Years of his now Majesty King William and the late Queen Mary while he was a Judge in the said Court with the Pleadings to the same and also some other Remarkable Cases in other Courts Printed in Folio in 1696. With the Allowance and Approbation of the Lord Keeper and all the Judges The Lord Coke's Reports in English Folio His Eleven Reports in French Fol. His Commentary on Littleton or the first part of the Institutes Fol. His Commentary on Magna Charta or the Second Part of the Institutes Folio His Pleas of the Crown or the Third Part of the Institutes Folio His Jurisdiction of Courts or the Fourth Part of the Institutes Fol. Bulstrode's Reports in Three Parts with new References Fol. Leonard's Reports in Four Parts with new References Fol. The Year-Books in Ten Volumes the last Edition with New Notes and Tables to them all Fol. The Reports of the Lord Keeper Littleton in the time of King Charles the I. Fol. The Reports of the Learned Judge Sir Henry Hobart the Fourth Edition Corrected and Amended Fol. Reports in the Court of Kings Bench at Westminster from the 12th to the 30th Year of King Charles II. By Jos Keble of Grays Inn Esq In three Volumes Fol. An Assistance to Justices of the Peace for the easier performance of their Duty in two Parts to which is now added a Table for the ready finding out the Presidents with a large Table of the Matters never before Printed By Jos Keble of Grays Inn Esq Fol. An Exact Abridgment of the Records of the Tower of London being of great Vse for all that are concerned in Parliamentary Affairs and Professors of the Laws of this Realm Collected by Sir Robert Cotton Kt. and Bar. Fol. The Commentaries of Ed. Plowden with References whereunto are added his Quaeries Fol. Keilwey's Reports with new References to all the late Reports Fol. Reports of several especial Cases in the Court of Common Pleas in the Reign of King Charles II By S. Carter of the Middle Temple Esq Fol. The Laws of Jamaica in Fol. An exact Abridgment of all the Statutes in force and use from Magna Charta Begun by Edm. Wingate of Grays-Inn Esq and carefully continued down to the Year 1689. By Jos Washington of the Middle-Temple Esq 8vo The New Natura Brevium of the most Reverend Judge Mr. Anth. Fitzherbert Corrected and Revised 8vo Styles's Practical Register begun in the Reign of King Charles I. consisting of Rules Orders and the principal Observations concerning the practice of the Common Law in the Courts at Westminster particularly the Kings-Bench as well in matters Criminal as Civil carefully continued down to this time in 8vo Two Dialogues in English between a Doctor of Divinity and a Student in the Laws of England of the Grounds of the said Laws and of Conscience 8vo The Law against Bankrupts or a Treatise wherein the Statutes against Bankrupts are explained By F. Gooding Serjeant at Law 8vo The Entring Clerks Vade Mecum being an exact Collection of Presidents for Declarations and Pleadings in most Actions c. By W. Brown Gent 8vo The Laws of Jamaica 8vo The Exact Clerk or Scrivener's Guide being choice and approved Forms of Precedents of all sorts of Business now in Vse and Practice in a much better Method than any yet Printed being useful for all Gentlemen but chiefly those who practice the Law By Nicholas Covert one of the Attornies of the Court of Common Pleas 8vo Miscellanies THE Life of Our Blessed Lord and Saviour Jesus Christ an Heroick Poem in Ten Books with Sixty Copper Plates By Samuel Wesley M.A. Chaplain to the Marquess of Normanby and Rector of Epworth in the County of Lincoln The Second Edition Revised and Improved by the Author With a large Map and Table of the Matter in Fol. Doctor Willis's Practice of Physick being the whole Works of that Renowned and Famous Physi●ian Rendred into English The Second Edition with 40 Copper Plates Fol. Tbe Historical and Miscellaneous Tracts of the Reverend and Learned Peter Heylin D. D. now Collected into One Volume and an account of the Life of the Author never before Published Fol. The Religion of Protestants a safe Way to Salvation with a Discourse of the Apostolical Institution of Episcopacy By W. Chilligworth M. A. To which in this Edition is added Mr. Chillingworth's Letter shewing the Reasons why he left Popery Fol. The History of Queen Elizabeth By W. Cambden King at Arms The Fourth Edition Fol. Dugdale's Monasticon Anglican ' Fol. in three Vol. The Works of the Famous N. Machiavel Citizen and Secretary of Florence Written Originally in Italian and from thence newly and Faithfully Translated into English Fol. Resolves Divine Moral and Political By Owen Feltham Esq The Eleventh Edition amended Fol. With several other Tracts c. FINIS

versus Lascomb 267 Duck versus Vincent 33 E. EDwards versus Roberts 24 Edwards versus Weeks 259 Ellis versus Yarborough 177 Escourt versus Cole 58 Evered versus Hone 293 F. FOrrest qui tam c. versus Wire 246 Frosdick versus Sterling 269 G. GIlmore versus the Executor of Shooter 310 Godfrey versus Godfrey 303 Goffe versus Elkin 239 Goodwin qui tam c. versus Butcher 67 H. HAll versus Carter 304 Hambleton vers Scrogs Mil ' 296 Hammond versus Howel 218 Harding versus Ferne 177 Harman's Case 176 Harris's Case 101 Harwood and Binks versus Hillyard 268 Hayes versus Bickerstaffe 34 Hickman Mil ' versus Thorn and others 104 Hill versus Thorn 309 Higginson versus Martin 195 Hill versus Pheasant 54 Hocket Vxor versus Stiddolp Vxer 66 Hollis Mil ' versus Carre 86 Howard Mil ' versus the Queens Trustees 173 I. JAmes versus Johnson 143 James versus Trollup 320 Ingram versus Tothil 93 Jones's Case 198 Ipsley versus Turk 193 Ironmongers Company versus Naylor 185 K. KEndrick versus Bartland 253 The King versus the Bishop of Rochester 1 The King versus Tourvil 52 The King versus Moor 128 Keen versus Kirby 32 L. LAne versus Robinson 102 Lee versus Brown 69 Lever versus Hosier 47 Loyd versus Langford 174 Long 's Case 181 M. MARY Magdalen Bermonsey Church 222 Major versus Grigg 213 Mayor and Comminalty of London versus Gatford 39 Mason versus Stratton 36 Mason versus Caesar 65 Mendyke versus Stint 271 Milward versus Ingram 43 Mires versus Solebay 242 Moor versus Pitt 287 Morris versus Philpot 108 N. NAyler versus Sharpless 23 Nichols versus Ramsel 280 Norris versus Palmer 51 Norris versus Trist 78 Northumberland's Countess of Case 182 Nurse versus Yearworth 8 O. OSbaston versus Stanhop 50 Osborn versus Wright 296 Otway Mil ' versus Holdips 266 P. PAge versus Tulse al' 83 Paget versus Vossius 223 Parrington versus Lee 311 Peck versus Hill 136 Penrice and Wyn's Case 306 Piggot versus the Earl of Salisbury 109 Plummer versus Whitchot Mil ' 119 Prince versus Rawson 51 Put versus Roster 318 Q. QUadring versus Downes al 176 R. RAnds Mil ' versus Trip 199 Randals Case 308 Read versus Dawson 139 Reder versus Bradley 101 Reed versus Hatton 25 Richards versus Sely 79 Rose versus Standen 294 Rozal versus Lampen 42 S. SAms versus Dangerfield 31 Samways versus Eldslly 73 Scoble versus Skelton 318 Searl versus Long 264 Searl versus Bunion 70 Sambrook versus Fettiplace 283 Sharp versus Hubbard 58 Shaw Mil ' versus a Burgess of Colchester 228 Shaxton versus Shaxton 305 Shaftsbury Earl of versus Lord Digby 98 Sherrard versus Smith 103 Simpson versus Ellis 36 Singleton versus Bawtry 168 Smallwood versus Brickhouse 315 Smith versus Tracy 204 Smith versus Shelberry 33 Smith versus Hall 31 Smith versus Feverel 6 Snow al' versus Wiseman 60 Southcot versus Stowel 207 Spring versus Eve 240 Squib versus Hole 29 Strangford versus Green 227 Staples versus Alden 309 Steed versus Berryer 313 Stephens versus Austin 185 Styleman versus Patrick 141 Steward versus Allen 264 Stoutfield 's Case 77 Strangford versus Green 227 Stroud versus Bishop of Bath and Wells 183 Stubbins versus Bird al' 63 Suffeild versus Baskervil 36 T. TAyler versus Biddal 289 Taylor versus Baker 214 Thorp versus Fowle 58 Threadneedle versus Lynam 57 Tissard versus Warcup 279 Townsend Lord versus Hughs 150 Trevil versus Ingram 281 Trotter versus Blake 229 Turner Sir William 's Case 144 V. VAughan versus Wood 56 W. WAkeman versus Blackwel 70 Walwyn versus Awberry 254 Warden of the Fleet 's Case 221 Waterfield versus the Bishop of Chichester 118 Week's Case 278 Wells versus Wright 285 Whitrong versus Blaney 10 Wilcox versus the Servants of Sir Fuller Skipwith 4 Wilkinson versus Loyd Mil ' 82 Williamson versus Hancock 14 Wilson versus Drake 20 Wilson versus Ducket 61 Windam Lady 's Case 294 Wine versus Rider al' 67 Woodward versus Aston 95 Wright versus Bull 304 ERRATA PAge 6. Line 31. for Defendant read Plaintiff p. 58. l. 15. after out r. of p. 79. l. 19. after according read to p. 143. l. 17. for and r. one p. 145. l. 25. for by r. in p. 180. l. 40. for Plaintiff r. Sheriff p. 200. l. 22. for Defendant r. the Plaintiff and for the word Replication r. Plea DE Termino Sancti Hill Annis 26 27 Car. II. in Communi Banco Coram Francisco North Milite Capital Justic ' Hugone Wyndham Milite Justic ' Roberto Atkins Milite Justic ' Willielmo Ellis Milite Justic ' The King versus the Bishop of Rochester and Sir Francis Clark IN a Quare Impedit a special Verdict was found Quare Impedit Mod. Rep. 195. Grant of the King where the first Clause is certain and a mistake in another yet the Grant is good wherein the Case was thus The Mannor of Laburn to which the Advowson of the Church of Laburn was appendant did by the dissolution of Monasteries Anno * 31 H. 8. c. 13. 31 H. 8. come to the King who granted the said Mannor to the Archbishop of Canterbury excepting the Advowson and afterwards the said Archbishop regrants the same to King H. 8. and the Advowson of the Church of Laburn aforesaid and then King H. 8. grants the said Mannor of Laburn Advocation̄ Ecclesiae de Laburn dicto Archiepiscopo having named him before dudum spectan̄ and which was regranted to the said King by the said Archbishop and lately belonging to the Abbot of G. c. adeo plene as the said Archbishop or Abbot had it or as it was in our hands by any ways or means howsoever And whether the Advowson passed by this last Grant was the Question Three Iustices absente North gave Iudgment for the Defendant that the Advowson did pass by this Grant Iustice Ellis in his Argument said That it was plain that when the Mannor came to H. 8. the Advowson was appendant but when it was granted to the Archbishop and the Advowson excepted it then became in gross and therefore could never afterward be appendant James and Johnson 's Case Postea As an Aere once disunited from the Mannor can never after be part of that Mannor Liford's Case 7 Co. And 't is as plain that before the Statute de Praerogativa Regis cap. 15. That in the ease of the King by the Grant of a Mannor the Advowson though not named passed much more if it be named in any part of the Deéd as if it be in the Habendum though not in the Premisses but that must be intended of an Advowson appendant 10 Co. 63. And though Advowsons are excepted by that Statute yet in case of Restitution an Advowson will pass by the Words Adeo plene integre though not named In this

Heir Male of the Body of the Devisor had by this Limitation an Estate Tayl as by Purchase and that the Inheritance in Fee simple did not vest in Francis 2. If Thomas the Covenantor had no Estate executed in him yet William his Son in this Case may take by way of future springing use because the Limitation of an Estate upon a Covenant to stand seised may be made to commence after the Ancestors Death for the old Seisin of the Covenantor is enough to support it There is a great difference between a Feoffment to Vses and a Covenant to stand seised for by the Feoffment the Estate is executed presently 1 Co. 154. Rector of Cheddington's Case So if there be a Feoffment to A. for Life Remainder to B. in Fee if A. refuse B. shall enter presently because the Feoffor parted with his whole Estate but if this had been in the Case of a Covenant to stand seised if A. had refused the Covenantor should have enjoyed it again till after the death of A. by way of springing use like the Case of Parsons and Willis 2 Roll. Abr. 794. Where a Man Covenants with B. That if he doth not marry he will stand seised to the use of B. and his Heirs B. dies the Covenantor doth not marry this Vse arises as well to the Heir of B. as to B. himself if he had been living and he shall have the Land in the nature of a descent But if William cannot take it either by purchase or by descent he shall take it 3. Per formam doni as special Heir to Thomas This Case was compared to that in Littleton Sect. 23. If Lands are given to a Man and the heirs Females of his Body if there be a Son the Daughter is not Heir but yet she shall take it for voluntas donatoris c. So if Lands are given to a Man and the Heirs Males of his Body the youngest Son shall have it after the death of the eldest leaving Issue only Daughters for these are descents secundum formam doni So in this Case the Estate Tail vested in Edward and when he died without Issue it comes to William per formam doni Object The Case of Greswold in 4 5 Ph. Mariae Dyer 156. seems to be express against this Opinion which was that Greswold was seised in Fee and made a Grant for Life the Remainder to the Heirs Males of his Body the Remainder to his own right Heirs he had Issue two Sons and dyed the eldest Son had Issue a Daughter and dyed and if the Daughter or her Vncle should have the Land was the question in that Case And it was adjudged that the Limitation of the Remainder was void because Greswold could not make his right Heir a Purchasor without departing with the whole Fee Postea Brittain and Charnock and therefore Iudgment was given against the special Heir in Tail for the Heir general which was the Daughter Answ Admit that Case to be Law yet the Iudges there differed in their Arguments 'T is not like this at Bar for that Case was not upon a Covenant to stand seised but upon a Deed indented and so a Conveyance at the Common Law But for an Authority in the point the Case of Pybus and Mitford was cited and relied on which was Trin. 24 Car. 2. Rot. 703. Mod. Rep. 159. 1 Ventris 372. adjudged by Hales Chief Iustice Rainsford and Wild but Iustice Twisden was of a contrary Opinion Serjeant Stroud who argued on the other side made three Points 1. Whether this Limitation be good in its creation 2. If the Estate Tail be well executed in Thomas the Covenantor 3. If it be good and well executed whether when Edward died without Issue the whole Estate Tail was not spent 1. And as to the first Point he held that this Limitation to the Heirs Males of Thomas was void in the creation because a Man cannot make himself or his own right Heir a Purchasor unless he will part with the whole Estate in Fee Dyer 309 b. If A. being seised in Fee makes a Lease for Life to B. the Remainder to himself for years this Remainder is void so if it had been to himself for Life because he hath an Estate in Fee and he cannot reserve to himself a lesser Estate than he had before 42 Ass 2. If I give Lands to A. for Life the Remainder to my self for Life the Remainder in Fee to B after the death of A. in this Case B. shall enter for the Remainder to me was void 1 H. 5. 8. 42 Edw. 3. 5. Bro. Estate 66. Dyer 69. b. 'T is true these Cases are put at the Common Law but the Statute of Vses makes no alteration for according to the Rules laid down in Chudleigh's Case by my Lord Chief Iustice Popham 1 Co. 138. 1. Vses are odious and so the Law will not favour them 2. A Rule at Common Law shall not be broke to vest an Vse and the Vses here cannot vest without breaking of a Rule in Law 3. Vses are raised so privately that he who takes them may not know when they vest and for that reason they are not to be favoured 4. The Statute annexes both the Possession and the Vse together as they vest and divest both together Moor 713. 2 Co. 91. Co. Lit. 22. Moor 284. 2. As to the second Point The Estate is not executed in Thomas and therefore William cannot take it by descent Heirs of his Body or Heirs Male are good Words of Limitation to take by Purchase from a Stranger but not from an Ancestor for there he shall take by descent and for this there is an Authority Co. Lit. 26. b. John had Issue by his Wife Roberga Robert and Mawd John dies Michael gave Lands to Roberga and to the Heirs of her Husband on her Body begotten Roberga in this Case had but an Estate for Life for the Fee Tail vested in Robert and when he died without Issue his Sister Maud was Tenant in Tail per formam Doni and in a Formedon she counted as Heir to Robert which she was not neither was she Heir to her Father at the time of the Gift yet it was held good for the Words Viz. Heirs of the Body of the Father were Words of Purchase in this Case If therefore no Vse for Life vested in Thomas then William cannot take by descent Dyer 156. Co. Lit. 22. Hob. 31. Dyer 309. 1 Co. 154. Lord Paget's Case cited in Hob. 151. 3. To the third Point Admitting both the former to be against him yet since Edward is dead without Issue the Estate Tail is spent But the whole Court were of Opinion Judgment That William should Inherit this Land in question for though at the Common Law a Man cannot be Donor and Donee without he part with the whole Estate yet 't is otherwise upon a Covenant to stand seised to Vses And if any other Construction should be made