Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	john_n	sir_n	thomas_n	191,434	5	9.6258	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51987	A learned treatise concerning wards and liveries written by the Right Honourable and learned gentleman St. James Ley, Knight and Baronet, Earle of Marlebrough ...	Marlborough, James Ley, Earl of, 1618-1665.	1642 (1642)	Wing M687; ESTC R1067	38,531	94

A LEARNED TREATISE CONCERNING WARDS AND LIVERIES WRITTEN By the Right Honourable and learned Gentleman Sr. James Ley Knight and Baronet Earle of Marlebrough Lord high Treasurer of England when he was Atturney of his Majesties Court of WARDS and LIVERIES WHEREIN IS SET FORTH the learning concerning Wards and Liveries collected and well digested out of the yeare-bookes and other authorities of the Law for the benefit of all that are Studious London printed by G. Bishop and R. White for Henry Shepheard and Henry Twyford and are to be sold at the signe of the Bible in Chancery-Lane and at the three Daggers in Fleete-streete 1642. THE EPISTLE DEDICATORY TO THE STUDENTS OF the Common Law of England T Is not to commend this Work that this is written for that it will it selfe nor is it to present unto the curious Readers view novelties but ancient learning usefully digested the common Law of England that is defined to be Lex non Scripta is best knowne by the multitudes of particular cases reported and set downe in the severall yeare-bookes and other reports of the Law and in them the severall resolutions of different natures being set downe as in time they hapned to be argued without having regard to report together all such cases as concerned one kinde of learning breeds such confusion that the painefull student must be very carefull under his severall titles in his common-place-bookes to take notes with reference to the bookes from whence he takes them proper to be applied to the title under which he writes it and likewise carefully to coate his bookes to each other or otherwise upon sundry occasions hee may be driven to tumble up and downe the severall bookes to resolve himselfe and misse too of such good resolutions as the bookes would afford him if his memorie which may easily faile be not admirable This small Epitomie will-prevent that trouble and helpe more then any abridgment extant the laborious Student to know and find out the learning concerning wards and Liveries no small part of our Law nor easiest learning It was written by the right Honorable and learned Sir James Ley Earle of Marlebrough Lord High Treasurer of England when hee was Atturney of the Wards and Liveries for his owne private use but now presented to publike view for the common good of the Students of the Law The learning concerning Wards and Liveries was not practised in one peculiar Court nor differences concerning Wards lands not confined to any particular Court but left to be proceeded in all Courts proper for the nature of the causes till of late yeares but now by a Statute made 32. H. 8. cap. 46. A peculiar Court knowne by the name of the Court of Wards is erected wherein all things that concerne the Kings Wards is heard and determined so that now the Law as to Wards being to be onely practised there This Treatise will be of good use to him that intends that practise for in it will be found very much of the learning concerning Wards for him that desires the knowledge of such learning It was chiefely published and to him is wisht encrease of Learning Farewell Instructions for our Mr. of our Wards and Liveries for the better authorizing and directing of him in the execution of his Office and performance of our service FIrst our pleasure is and we doe declare the Master of our Wards shall and may survey and dispose of all and every of our Wards Idiots and Lunatiques and respectively of their Lands Tenements Hereditaments Chattells goods properties interests rights titles Intrusions Arrerages and Meane-rates and all Liveries Ouster le maines and ancient Mannors and all Advowsons and presentations of Churches Herriots Reliefes Coppyholds Woods Mines and Quarries of any our Wards and of all duties belonging or to belong to us by reason of any Tenure That the Master of the Wards shall from time to time call unto him one or more of such persons as we nominate to be his assistants and shall use the assistance and advice of the mor one of them at a place certaine and times certaine be limited and appointed by the Master for the sitting upon the matters within his survey and disposition so that our Tenants and Suitors may make their repaire thereunto That the Master with the advice aforesaid shall have power and authoritie to compound for the Wardships Idiots Lunatiques and other duties aforesaid and to assesse all Fines install all payments for the matters aforesaid and to take Bond and Securitie in our name for the same and to commit them to the safe custody of our Clerke of our Wards and Liveries to our use and upon full payment to cause the same to bee delivered up and cancelled and also to discharge and renew any Bond or Securities as occasions shall require That there bee ordained a speciall seale for our Wards Li●eries and Tenures and for our 〈◊〉 ●…ising by reason thereof which 〈◊〉 shall be in the custody of the said Master of the Wards and that no other seale shall bee used for or concerning any the matters or causes aforesaid That the Master with the advice aforesaid shall have power and authoritie to grant Wardships for Fines to make Leases of Wards Lands and of Lands in our hands for want of Livery or Ouster le maine for Fines and reserving of rents and to grant the custody of Idiots and Lunatiques and their goods and Lands and to compound for meane rates and to mitigate and remit as well the forfeitures of such bondes and meane rates as also to allow reasonable recompence to prosecutors such as doe service in the cases aforesaid That the Mastor with the advice aforesaid shall have power and authoritie to give direction to any of our Courts and unto the officers thereof and unto any of our Ministers and officers as well for the proceedings and prosecution of any suites and pleas and finding of offices and inquisitions making of certificates and other services as also for the stay surceasing or superseding thereof and that no direction shall be given to the contrary or otherwise by any of our chiefe Officers touching the premisses That all petitions or suites made to us touching the causes aforesaid shall be either referred or directed to the said Master who shall have power with the advice aforesaid to answer and determine the same and that petition suite or information shall not be received by our councell of revenew touching the premisses but that the same shall bee made and belong unto the Master of the Wards and Liveries And whereas the Kings most excellent Majestie by Indenture bearing date 10. Ianuarij 14. Jacobi made betweene his Majestie on the one part and Sir Francis Bacon Knight Lord virulam and Lord Chancellour of England Sir John Daccombe Knight deceased Thomas Murrey Esquire our Secretary Sir James Fullerton Knight one of the Gentlemen of our Bedchamber John Walter Esquire our Atturney Generall and Thomas Trevor Esquire our Sollicitor

Generall of the other partie hath demised and granted unto them for our onely use and benefit of sundry Lordships Castles Burroughes Townes Manners Lands Tenements Liberties Franchises and Hereditaments to have and to hold the same from the Feast of St. Michael the Archangell last past before the date hereof for the tearme of 99. yeares And upon the trust and confidence and to the intent and purpose in the same Indenture mentioned and expressed Now our pleasure is that the said Lord Chancellor and the rest of the surviving Lessees and their Assignes shall from time to time joyne in all such grants discharges conveyances and Instruments touching the matters aforesaid by writing under their hands and seales and otherwise as by the Master of our Wards with the advice aforesaid shall from time to time be directed And our further pleasure is that the Commissioners for our revenewes if neede shall so require shall allow and give warrant in writing for the same That the Master with the advice aforesaid shall have power by Letters Patents under our great Seale to appoint such Feodaries Escheators Auditors Receivers Surveyors and other Ministers of the Wards Liveries and matters aforesaid as he shall thinke needfull for our profit and service and from time to time to alter change determine and discharge all or any of the said Officers and Ministers and their Offices and imployments as now or hereafter shall bee and determine our Will and Pleasure concerning the same That all Ordinances Constitutions Acts made published declared and set downe contrary to the hinderances of these our instructions shall so farre onely as they are contrary or to the hinderance thereof be utterly voide and annihilated any other matter cause or thing to the comrary thereof notwithstanding That the Master of our Wards and Liveries doe acquaint the Atturney and Councell of the Kings Majesties Court of Wards and Liveries withall such proceedings as may require their assistance for our said Tenures Revenew and profit and especially his Majesties Atturney of that Court and the Clerke of that Court for the preparing clearing finding searching and revealing of Tenures and of the states subject unto our Wardships and Liveries by any due and lawfull meanes whatsoever Lastly whereas the Kings most excellent Majestie hath by his Letters Pattents under his great Seale dated the 11. day of this December granted unto the Master and Councell of the Court of Wards and Liveries Commission with instructions and directions for compounding for Wards Idiots and Lunatiques Our will and pleasure is that the Master of the Wards shall diligently and carefully informe himselfe of the same instructions and directions and by Example and presidents thereof order and dispose the affaires of our Wards Idiots Lunatiques Liveries and Tenures so farre forth as the same may stand with congruitie and concordancy taking speciall care that our just and reasonable profits may be raised without diverting the same to others and that neverthelesse our Tenants may be moderately charged and our Wards may be educated in Religion Examinatur per Jac. Ley. Tenures IF the King grant Land in Fee and reserve nothing Coo. 6. Wheelers case fo 6. b. Coo. 9. Ant. Lowes case 123. 7. E. 4.12 b. 44. E. 3.45 a. Co. 9. Ant. Lowes case 123. b. the Patentee shall hold by Knights service in Capite So if in his grant the King saies by expresse words Absque aliquo inde redendo yet because all Land must be holden by some service the best shall be intended for the King therefore against the expresse words of the Patent the Law will create a new Tenure by Knights Service In Capite So if the King gives Lands tenend as freely as he holds the Crowne yet the Grantee shall hold by Knights service in Capite and in all these cases the Tenure shall be by such a part of a Knights Fee as the value of the Land shall beare what shall be said of a Knights Fee see the end of this Title But if the Grant be Tenend de nobis per servitium unius Rosae Coo. 6. Wheelers case 7. Rubiae or the like pro omnibus aliis servitiis this is a Tenure by Soccage in Capite because if the King reserve any speciall rent the Tenure shall be such as he reserves If it be Tenendum de nobis ut de honore Castrum vel Maner de A. per servitium Militare or De honore Casiro vel Maner de A. per servitium unius Rosae Rubiae or by 2. s. or by Fealty for all the services these be meane Tenures of the King in the first case common Knights service in the second common Soccage because the Tenure is not immediatly from the person of the King But yet there are certain Honours so anciently annexed to the Crown 33. H. 6. Br. Tenur 94. Inst fo 77. a. viz. Barkinsteed Newland Rawleighe The Abbey of Marle c. That a Tenure of the King as of any of these makes a Tenure in Capite either in Knights service or Soccage Stamf. pre Rs. according to the words of the Tenure but yet this is improperly a Tenure in Capite for he which holds of the King as of any of these Honours may alien without licence of the King 44. E. 3.45 which he cannot doe which holds in Capite of the King as of his person If the King grant Lands Tenend de nobis per servitia debita 44. E. 3.45 This shall be in Capite by Knights service because where the words be uncertaine the best shall be intended for the King If the King have Lands in his hands holden by a common person immediatly as aforesaid For Treason all Tenures aswell of the King as others are thereby extinguished Co. 6. p. Sir John Mollins case 6. but if the King grant the same Land to another Tenend de capital Domino per servitia debita the Tenure is restored and the Land holden of the Lord of whom it was holden before the Treason and not of the King immediatly Co. 9. p. Bewleyes case 131. yet if he grant it Tenend de nobis heredibus successoribus nostris al. capital dominis feodi illius per servitia debita It shall not make an immediate Tenure from the King but the immediate Tenure shall be of the Lord of whom the Land was holden before and if he grant it Tenend de nobis by new services faciend alias dominis servitiad bita the meane Tenure shall be revived without any regard of the priority of the words of the Patent reserving new services And this in favour of restoring an ancient Tenure but it is otherwise in the Creation of a new Tenure by the Kings grant without any respect to an ancient And in this last case Stam. praerog Rs. cap. 12. and also where the King purchaseth land holden of a subject in which case also all Tenures are extinct it hath alwayes been used upon a