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	viscount_n	32,713	5	12.1426	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49392	Reports in the Court of Exchequer, beginning in the third, and ending in the ninth year of the raign of the late King James by the Honourable Richard Lane ... ; being the first collections in that court hitherto extant ; containing severall cases of informations upon intrusion, touching the King's prerogative, revenue and government, with divers incident resolutions of publique concernment in points of law ; with two exact alphabeticall tables, the one of the names of the cases, the other of the principall matters contained in this book.	Lane, Richard, Sir, 1584-1650.; England and Wales. Court of Exchequer.	1657 (1657)	Wing L340; ESTC R6274	190,222	134

and Benlowes Reports with Ash EDward the 3d. in 2. parts Quadragessimus Assises of Edward 3d. Abridged Edward the 4th Elmesmores Post Nati of the Chancery Edgars Charges Executors Office FItzherberts Abridgement Table to the same Fitzherberts Natura brevium in French idem English Justice English Finches Law French English Fidels Presidents Fletacum Seldeni notis Fulbecks Parallels Preparative to the study of the Law Fruits of Pleadings Fortescu de Laudibus legum Angliae Fillacers Office Fees of Courts GOdbolts Reports Gouldsboroughs Reports Gregories Moot Book Grounds of the Law Greenwoods Curia Comitatum Redivina Glanvill of the Law Grotius of the Law of War and peace HEnry the 4th and 5th Henry the 6th 2. parts the 7th abridged Hobarts Reports Huttons Reports Hackwells Liberty of the Subject Passing of Bills Hughs Commentaries on Originall Writs Parsons Law Reports Abridgement Hearns Law of Conveyances Hornes Mirror of Justices in French idem in English Iudge Ienkins Tracts of the Law Irelands abridgment of Cooks Reports Judgements of the Upper Bench. Instructions for the Court of Wards KEylweyes Reports with Dallison and Benlows Kitchin Court Leet in French idem in English LAmbarts Saxon Laws Justice Perambulation of Kent with Cinque-ports Archeion Duties of Constables Long Quinto Liber Intrationum Linwoods Constitutions Lanes Reports in the Court of Exchequer Lawyers Logick Littletons Tenures French in English Laymans Lawyer Leigh Law Terms Lees Wards and Liveries Layers duty of Constables MAnwoods Forrest Laws Marches Reports Actions of slaunders 2. parts Amicus Reipublicae Magna Charta NOyes Reports Maximes of the Law Cmpleat Lawyer Nusances Novae Narrationes ORdinances of the Lord Protector Ordinances in Parliament Owens Reports Orders for the Poore Orders in Chancery PVltons Statutes Abridgement De pace Regis Plowdens Reports Abridgement Quaeres Pophams Reports Powels Atturuyes Accademy Court Leet Repertory of Records Atturneys Almanack Search of Records Penall Statutes Perfect Conveyancer Perkins Law in French idem English Practice of the Chancery Presidents or Instruments RAstals Statutes at large 2. voll Abridgement Entries Register of Writs .. Rules of the Upper Bench. Commons Pleas. Chancery Ridlys view of the Civill Law Reformatio Legum Ecclesiast SCobels Collection of Acts and Ordinances Statutes of 16th and 17th Caroli Statutes of Ireland 2. Volumes Stathams Abridgement Scotch Laws 2. Volumes Sheppards Epitome of the Common and Statute Law Touchstone of Common assureances Marrow of the Law or the Faithfull Counsellor 2. parts Parsons Guid or the Law of Tythes Presidents of Presidents Justice of Peace Justices Clerks Cabinet Presidents Office of Constables Court Keepers Guide County Courts Proposals for regulating the Law Spelmans Glossarie Constitutions Smalls Declarations Swinburne of Wills Speciall Law Cases Selden of Tythes Arguments about Liberty of the Subject Priviledges of the Barons in Parliament Sea-Lawes in 8● Shearmans Estates Tayle Shipmoney Star-Chamber Case Stamfords Pleas of the Crown Skeine verborum significat Stones Readings on the Statute of Bankrupts Stiles Practicall Register TEnures of Ireland Table to Edward the 3d. second part Quadragesimus to Henry the 6th to Henry the 7th to Dyer THree Readings viz. of Sir James Dyer Serjeant Brograve and Sir Tho. Risden Judge Thorps Charge Tothils Transactions in Chancery Treatise of Barons Trotmans abridgement of Cooks Reports Theloalls Digest of Writs Terms of the Law VErnons Regulation of the Exchequer WInches Reports Wests Presidents 2. parts Womans Lawyer Wisemans Law of Laws Wingates abridgement of the Statutes Body of the Law Summary of the Common Law Statuta pacis Wilkinsons Office of Sheriffs White of the praise of the Law YOungs Vade Mecum ZOuch Elementa juris-prudentiae Iuris Fecialis Specimen Questionum Questions and Cases Resolved Books Printed for and sold by GABRIEL BEDEL THOMAS COLLINS 1656. Viz. Books in Folio THe Compleat Ambassador containing the Letters and Negotiations of Sir Francis VValsingham the L. Burleigh and other eminent persons being a perfect Series of the most remarkeable passages of State both at home and abroade in the Reign of Q. Elizabeth of blessed memory collected by Sir Dudly Diggs The History of the Civil Wars of France written in Italian by Henrico Catterino D' Avila the whole fifteen books Translated into English by Sir Charles Cotterel and VVilliam Aylesbury Idem the Continuation alone being ten books A compleat Chronicle of England begun by John Stowe and continued by Edmund Howes Gent with an appendix of the Universities of Eng. A French English Dictionary with another in English French compiled by Randal Cotgrave Gent. whereunto are added the Animadversions and Supplement of James Howel Esq The Life and Reign of King Henry the VIII written by the Right Honourable Edward Lord Herbert of Cherbury Annales Veteris Testamenti à prima Mundi Origine deducti una cum rerum Asiaticarum Aegyptiacarum chronico à Temporis Historici Principio usque ad Maccabaicorum initia producto Jacobo Usserio Armachano digestore Idem Secunda Pars usque ad Imperii Vespasiani Initia atque Extremum Templi Rei publicae Judaicae excidium deductum Authore Jacobo Vsserio Of Government and Obedience as they stand directed and determined by Scripture and Reason in four books by John Hall of Richmond Gent. Daultons Countrey Justice corrected and enlarged by the Authors own hand before his death unto which is Annexed and Appendix or Abridgment of all the late Acts and Ordinances that relate to the Office of a Justice of Peace to the year 1655 by a Barrester learned in the Laws I. Ragguagli Di Parnasso or Advertisements from Parnassus in two Centuries with the Politick Touch-stone written Originally in Italian by that famous Roman Traiano Bocalini and now put into English by the Right Honourable Henry Earle of Monmo●th The History of Philosophy in eight parts containing those on whom the Attribute of Wise was conferred with the pictures of several Philosophers by Thomas Stanley Esq Historical Relations of the United Provinces of Flanders containing the Natural conditions of the people with the Forms of Government With the Compleat History of the VVars of Flanders written in italian by the Learned and Famous Cardinal Bentivoglio Englished by the Right Honourable Henry Earle of Monmouth the whole work Illustrated with many figures of the chief Personages mentioned in this History Politick Discourses written in Italian by Paolo Paruta a Noble Venetian Cavalier and Procurator of S. Mark Whereunto is added a short Soliloquy in which the Author briefly examins the whole course of his Life Rendred into English by the right Honourable Henry Earle of Monmouth Eadmeri Monachi Cantuariensis Historiae Novorum Sive Sui seculi res Gestas sub Guilielm I II Henric. I. Emisit Joannes Seldenus Seldeni Mare clausum seu de dominio maris Notes and Illustrations on Palaealbion The History of the Reign of King Henry the VII written by the Right Honourable Francis Lord Verulam Viscount S. Alban unto which is annexed a very useful Table Orlando Furioso in English Heroical verse Illustrated with Figures with an Addition of Epigrams by Sir John Harrington The Marrow of the French Tongue by John Woodroeph Gent. Pyrotechnia or the Art of Fire works with an addition of Logarithmes by John Babington Student in the Mathematicks Devotions upon certain Festivals Piously and Learnedly exprest in Meditations by that Accomplisht Gent. William Austen of Lincolnes Inn. Esq Books in Copartnership with W.L. and D.P. A Collection of Acts in the year 1648 1649 1650 1651. very useful especially for Justices of the Peace and other officers with several other Ordinances of like concernment by Henry Scobel Esq Clark of the Parliament and Clark of his Highnesse Council A Collection of all those Ordinances Proclamations Declarations c. which have been printed and published since the Government was established in his Highness the Lord Protector viz from Decemb. 16. 1653. unto Septemb. 3. 1654. with their several dates and Dependencies comprized in a lesser volume then before for the better use and benefit of the Reader printed by his Highness Printer

and these words restituit Cancellandas are no new words but usually used in surrenders of Patents as it appears by 9. E. 4.7 and in Altonwoods case Cook lib. 1. and there the not entring of a Vacat doth not hurt for it was the fault of the Clark and Sir Maurice Barkleys case in 2. Eliz. 176. cited before doth not question it that the entring of a Vacat should be material but the question here is because he did not deliver them up to be cancelled in the Lord Darcies case Dyer 195. the jury did think that there was no surrender at all but the Book-doth not marrant but that there may be a surrender without a Vacat and he said that at this time the matter is depending for Saint Saviours in Southwark if it be a good surrender without a Vacat entred and no opinion as yet given in that case and where it hath been objected that there is no actual surrender until that the Queen hath agreed and 8. and 21. H. 7. cited that where a man pleads a surrender he must also plead an agreement yet because the agreement cannot appear by any Record that the partie can procure to be made of it it shall be good although there be no record made of that agreement yet in this case the Queen doth agree as appears by the words in the second Patent Quam quidem sursum redditionem acceptamus c. Secondly admitting there is no actual surrender in this case yet if when the Queen did recite the particular estate and that she had accepted the surrender thereof and in consideration of it she maketh a grant whether this second Patent shall be good and it seemeth that it shall and therefore it appeareth by 37. H. 6.18 that the taking of a second lease shall be a surrender of the former and in Corbets case 11. Eliz. Dyer 208. 4. Mar. Dyer 140. although the first lease be by deed indented and the second but by word and in Ives case Cook lib. 5.11 acceptance of a future lease is a surrender of a lease in possession and to that purpose is 21. H. 7.14 H. 8.15.31 Assises placito 26. and other Books and in 3. Eliz. Dyer 200. the King granted a house for years and after did grant to the Patentee the custody of the house with a fee and the Patentee accepted the fee and it is there doubtted it that shall be a surrender of the Term and the matter was Compounded but he said that he heard that the opinion of the Iudges was that the acceptance of the custodie and fee was a surrender of the Term by that I do infer that there shall be a surrender by implication aswell where the King is partie as where a common person only first if a surrender be effectual it is sufficient although it be not formal because it worketh as much profit to the King and the surrender in this case was at the same instant that the Queen did Seal the letters Patents for the estate passeth from the Queen without delivery and it appears that the intention of the Queen was not to have any actual possession of that by these words modo habens et gaudens but it hath been objected in as much as this surrender was at an instant that it should be void because that in instants the best shall be taken for the King yet it seemeth to me that it is good as in the case of 49. E. 3.5 a. a man deviseth Burgage land holden of the King and dieth without heir this devise is not good against the King because the devise taketh not effect until the instant of the devisors death and at that instant also doth the title of the King begin by death without heir and he cited Plowden 108 109. in Fusmerstons case for the exposition of these words not now in being within the Statute of Monasteries and if in that case issue had been taken whether it had been a surrender or not it should have been found to be a surrender because it is a surrender in the law as it was in Thetfores case in the Common Pleas p. 28. Eliz. Rot. 122. in wast Baron and Feme Donees in tail make a lease for life the husband dieth and the wife disagreeth to the lease and the issue was if the husband and wife did lease and it was found that they did not lease because now by her disagreement it is become in law not the lease of the wife Cook lib. 3. Butler and Bakers case accordingly fo 27. 28. but if the King be to sustain any loss by the consideration if that were false then shall it make the Patent void as it is in 9. H. 6. where the King was deceived in the value so 18. Eliz. Dyer 352. where there was a loss in esse but it is contrary where there grows no loss to the King as 26. 28. H. 8. of a thing passed because the King is not to have benefit of it the Lord Chandos case is not answered on the other side for there the King did intend to have the actual possession where in facto he had not yet because that was only a recital and Collection in the matter in law it doth no hurt so in the principal case and so if the King grant a Mannor although he hath but a reversion of it yet it shall pass without the word reversion 7. Eliz. Dyer 233. and the Kings Patent also shall be so construed that one part may stand with another viz. that the Lord Seymor now having the estate c. doth restore unto us c. the which we do accept c. as in Sir John Molins case 40. Eliz. Cook 6. Lord measne and Tenant the Tenant was attainted of Treason and the King did grant the laud tenendum de nobis c. suis noftris et aliis cap. dominis feodi illius per servitia inde debita et de jure consueta He shall in that case hold of the mesne as the Tenant held before for if he should hold of the King the words subsequent would be void and for that cause such a construction shall be made that all may stand together now for the third point admit that the surrender is not good yet it is aided by the Statute of 43. Eliz. cap. 1. which aides all grants and surrenders c. to or from the Queen the clauses for conveyances to the Queen are with restraint but for the conveyances of the Queen there are certain exceptions our case is within that part of the Statute which relates unto the 25th year of her Raign and our case is within the words of the Statute viz. surrenders and surrenders within the Statute are such as are surrenders to a common intent and therefore where the partie hath done that in him lieth but some thing is to the perfection of a surrender that is aided by the Statute also by this word assurance in the Statute a purchase

by express terms quaer if in this case there was any land occupied with Parkhal which was not parcel of Cudworth nor of Parkhal for if so then it seems that Blackclose will be within the exception in regard that the words and lands occupied therewith viz. Parkhal are well satisfied Harris Serjeant said that the case is to be resembled to the point in Carter and Ringsteeds case concrrning the Mannor of Odiam where a man was seised of of a Mannor within which the Mannor of D. did lie and is parcel thereof and he by his will devised the Mannor of D. excepting the Mannor of Odiam where the Mannor passeth by the devise and is not excepted Snig and Altham Barons agreed that this proves the case in equity but by the chief Baron Tanfield because this is a rare case that we should reverse or undo a decree made by our predecessors in the very point decreed by them it is good to be advised and therefore they directed Arden to finde presidents if he could by search made for them in the said case and therefore the Attorney general who was of Councel for Darcie had demurred upon the Bill which was exhibited by Arden and that he being not present day was given until another term to hear Councel on both parts at which day the Attorney said that he conceived it a strange case and without president that a Court should impeach and reverse the decrees given in the same Court and that if it should be suffered the subjects would be vexed and troubled without any end or quiet and this stands with the gravity of every Court to maintain their own judgements and therefore several Statutes were made to reverse judgements upon erroneous proceedings and judges of other Courts constituted to examine them which proveth that before the Statutes aforesaid and without aid of them the Iudges would not reverse their own Iudgements and so here Harris to the contrary it is not without presidents that in a Court of equity one and the same decree in the same Court hath been reversed by decree of the same Court upon some consideration had of the erroneous misprisions of Law and it is no dishonour to a Court of justice so to do for matter in Law but otherwise it were for matter of fact for then that betrayeth an Ignorance in the Iudges which would be a dishonour to the Court but for Law men are not Angles and for that point there may be errour to prove that the Court of equity may do so he vouched the Book of 27. H. 8. fo 15. Martin Dockwraies case which is our very case ruled in the Chancery and so he said that in this Court 3. Jac. a decree made in the time of Baron Manwood was reversed upon the like reason and Tanfield chief Baron said to Serjeant Harris that if it appear by your president that if the same matter in Law which was decreed was reversed in the same point in Law then this proveth for you but if it were for matter of fact otherwise it is and therefore we will see your president Kent and Kelway KEnt and Kelway entred Hil. 6. Jac. Rot. 722. in the Exchequer in the case between Kent and Kelway which was debated Pasc 8. Jac. the Iudges pronounced in the Exchequer Chamber that judgement ought to be affirmed notwithstanding their opinion before to the contrary as it appeareth and therefore I demanded of Mr. Hoopwel Clark of the Errors what was the reason of their opinions and he told me that the case was debated by them this Term at Serjeants Inne and then they resolved to affirm the Iudgement and the reasons as he remembred were as followeth and he also delivered unto me the case as he had collected it out of the Records and delivered it to the Iudges which was that the Plantiff in the Kings Bench declared that one Benjamin Shephard was indebted to him in 300. l. and that he sued out of the Kings Bench an Alias Capias directed to the Sheriffe of N. to the intent to compel the said Benjamin Shephard upon his appearance to put in Bail according to the custome of that Court for the Recovery of his debt which writ was delivered to John Shaw Sheriffe of the said County to be executed the Sheriffe made his warrant to the Bailiffe of the liberty of the Wapentake of Newark and the Plantiffe himself delivered it to James Lawton Deputy of the Lord Burley the Kings chief Baili●e of that liberty to be executed and the Deputy Bailiffe by vertue of the said warrant arrested the said Benjamin Shephard whereupon the Defendant with others made an Assault and rescued the said Benjamin Shephard out of the custody of the said Deputy Bailiffe whereby he lost all his debt and damages were assessed at 172. l. and cost 10. l. and in this case the Iudges agreed that notwithstanding the Defendant had rescued the said Benjamin Shephard out of the hands of c. when the said Benjamin Shephard was arrested upon an Alias Capias out of the Kings Bench which writ is only in nature of a plea of Trespass yet the party who rescued him shall answer in this action damages for the debt because the Plantiffe by this means had lost his debt And yet it is not shewed that the Rescuer knew that the Plantiffe would declare for his debt but if in this case the Sheriffe or Bailiffe had suffered a Negligent escape they should be charged only with the damages in the same plea as the writ supposeth and no for the debt and so a diversity also they agreed that the Declaration is good enough to say that he was rescued out of the hands of the Deputy Bailiffe and the course in the Kings Bench was alwayes so upon the return of a rescue notwithstanding the Book of the 7. Eliz. Dyer fo 241. also it was resolved that the Declaration was good saying that he sued an Alias Capias without mention of any latitat before sued also it was agreed that the arrest was good made by the Deputy Bailiffe by vertue of a warrant delivered to the Sheriffe but quere if they should not examine if the Bailiffe had a power given to make a Deputy by his Patent for this appears not in the case Bently and others against Leigh in Trespas Hill 45. Eliz. Rot. 1231. Trin. 7. Jac. in the Exchequer TPe Iudges affirmed a Iudgement this Term between Leigh Plantiffe in a writ of Error and one Bentley and others Defendants and the matter assigned for Error was because the Trespass was brought in the year 45. Eliz. for a Trespass made in the 42. Eliz. and the judgement upon the verdict was against the Defendant and the Margent of the Roll it was entred quod Defendens capiatur where it ought to be pardonatur as he pretended for the general pardon which was in 43. Eliz. had pardoned the fine to the King for the Trespass and this is a thing whereof the Iudges