Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	find_v	party_n	surety_n	2,047	5	11.2266	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33636	An exact abridgement in English of the eleven books of reports of the learned Sir Edward Coke, knight, late lord chief justice of England and of the councel of estate to His Majestie King James wherein is briefly contained the very substance and marrow of all those reports together with the resolutions on every case : also a perfect table for the finding of the names of all those cases and the principall matters therein contained / composed by Sir Thomas Ireland.	Coke, Edward, Sir, 1552-1634.; Ireland, Thomas, Sir.	1650 (1650)	Wing C4919; ESTC R26030	276,990	515

his warrant to bring the party before himselfe and it is good and sufficient in Law for it is most like that he hath the best knowledge of the matter and therefore most fit to doe Justice in that matter upon refusall to finde surety the Constable may commit him without a new warrant Gooches case 32. El. in banco le roy fol. 60. WRay chiefe Justice said that if A. make a fraudulent conveyance of his Lands to deceive a purchasor against the Statute of 27. El. and continueth in possession and is reputed as owner B entereth in communication with A. for the purchase and by accident B. hath notice of this fraudulent conveyance Notwithstanding he concludes with A. and takes his assurance In this case B. shall avoide the said fraudulent conveyance by the said Act notwithstanding the notice for the Act by expresse words hath made the fraudulent conveyance voyde as to the purchasor And for as much as that is within the expresse provision of the Statute it ought to be taken and expounded in suppression of fraud Resolved that fraud may be given in Evidence because the estate is voyde by the Act of 13. Eliz. and fraud is hatched in secret in arbore cava opaca And according to this opinion it was resolved Per tot ' Cur ' in communi banco Pasche 3o. Jac. where one Bullock had made a fraudulent estate of his Lands within the Statute of 27. El. to A. B. and C. and after offred to sell the same to one Standen and before the assurance by Bullock Standen had notice thereof and notwithstanding proceeded and tooke the assurance from Bullock Standen avoyded the former assurance of fraud by the said act for the notice of the purchasor cannot make that good which an Act of Parliament hath made voyde as to him And it is true Quod non decipitur qui scit se decipi But in this case the purchasor is not deceived for the fraudulent conveyance whereof he had notice is made voyde as to him by the Statute and therefore he knew it could not hurt him Sparries case 33. Eliz. in Scaccar fol. 61. IN action of Trover and convertion the defendant pleads that there is another action depending in the Kings Bench for the same Trover and good for in actions which comprehend no certeinty as assize or trespas this is no plea before a Count because thereby it is made certeine and then it is a good plea and not before but in this action and debt and detinue it is a good plea at the first because they are certeine that an action is depending in an inferiour Court is no plea. Cases of By-Lawes Chamberlaine de Londons case 32. El. in Banco le roy fol. 66. THe Inhabitants of a village without any custome may make Ordinances or By-Lawes for reparation of the Church or of high-wayes or any such thing which is for the publicke weale generally and in this case the consent of the greater part shall binde all without any custome vide 44. E. 3.19 But if it be for their owne private profit for that Towne as for their well ordering of their common of pasture or such like then without custome they cannot make by-Lawes And if it be a custome yet the greater part shall not binde all if it be not warranted by the custome for as custome hath created them so they ought to be warranted by the custome 8. E. 2. tit ass As pontage murage Tolle and such like as appeareth in 13. H. 4.14 In which cases the summes for reparations of the Bridge walls c. ought to be so reasonable that the Subject may have more benefit thereby then charge Clerks case 38. Eliz in communi banco fol. 64. KIng Edward 6. did incorporate the Towne of St. Albones and granted them to make Lawes and Ordinances c. The Tearme was kept there and the Major c. by assent of the plaintiffe assessed every Inhabitant for the charges in erecting of the Courts there and if any did refuse to pay c. to be imprisoned c. the plaintiffe being Burges refused to pay c. and the Major justified c and it was adjudged no plea c. For this Ordinance is against Magna Charta ca. 29. Nullus liber homo imprisonetur which act hath been confirmed divers times viz. thirty times and the assent of the plaintiffe cannot alter the Law in this case But it was resolved that the Major c. might inflict reasonable penaltie but not imprisonment which penaltie ought to be Levied by Distresse for which offence an action of Debt lyeth and the plaintiffe in this case had judgement Jeffrays case Michaelis 31 32. en Bank le Roy. fol. 66. WIlliam Jeffray Gent. brought a prohibition against Abraham Kenshley and Thomas Forster Churchwardens of Haylesham in Com' Sussex for that they sued him in Court Christian before Doctor Drury for certaine money imposed upon him without his assent for repaire of the Church That the Church-wardens with the assent of the greatest part of the Parishioners juxta quantitatem qualitatem possessionum reddit ' infra dict' parochiam existent Determined and agreed to make a taxation for repaire of the said Church and that notice of such assembly was given in the Church at which day the Church-wardens and greater part of the Parish which were there assembled made a taxation viz. every occupier of Land for every acre 4. d. c. Geffray dwelt in another Parish and declared that the Parishioners of every Parish ought to repaire their Church and not the Church of another Parish Cooke of councell with the defendant demurred in Law and after many arguments a Writ of consultation was granted And it was resolved that the Court Christian hath conusans de reparatione corporis sive navis Ecclesiae Britton who writ in 5. E. 1. And in the Statute of Circumspecte agatis but in Rebus manifestis errat qui authoritates legum allegat quia perspicuè vera non sunt probanda It was also resolved that although Geffray did dwell in another Parish yet for that he had Lands in the said Parish in his proper possession he is in the Law Parochianus de Haylesham But it was resolved that where there was a Farmor of the same Lands the Lessor that receiveth the rent shall not be charged but the Inhabitant is the Parishioner and the receipte of the rent doth not make the Lessor a Parishioner Diverse of the civill Lawyers certified the Court that the Church Wardens and a greater part of the Parishioners upon a generall warning assembled may make a Taxation by their Law and the same shall not charge the Land but the Person in respect of the Land for equality and indifferency and this was the first leading case that was adjudg'd reported in Our Bookes touching these matters and many causes after were adjudged thus and now it is generally received for Law The Lord Cheneys Case 33. Eliz.

Clergy in an appeale 1. Because it is but to notifie to the Judges that he hath once had his Clergy and that he shall not have it againe by the Statute of 4. H. 7. c. 13. 2. Because it is no part of the judgement and the party shall goe at large although he be not burned by good construction of the Statute of 18. Eliz. c. 7. which provideth that after Clergy allowed and Burning he shall goe at large for otherwise when he is pardoned he shall be imprisoned for ever In the Starre-Chamber the King may Pardon corporall punishment for forgery c. but not if attainted at the common Law in an Action of forgery of false deeds Halls Case 2. Jacobi com banco fo 51. A. C. Libelled for defamation in the Court Christian against H. and had sentence and costs taxed at a day to be paid H. sueth an appeale and obtaines a Pardon from the King and brings a prohibition 1. Resolved all Suites in the Court Christian Pro salute animae or reformatione morum are for the King as suits in the Starr-chamber he may pardon them before or after the Suite comenced but he cannot Pardon where the party sueth for a thing in which he had interest as Tythes 2. All proceedings in the Court Christian Ex officio are for the King and he may pardon them 3. Although the suite may be pardoned yet he cannot pardon the costs which are taxed 4. Although the sentence by the appeale is suspended to many purposes yet untill reversall the party had interest in the costs not pardonable and after a consultation was granted for the costs Pages case 30. Eliz. in the Exchequer fol. 52. I. Demiseth to his wife who is an Alien and before the death of the Testator indenized the date of the Letters Patents is corrupted so that they bore date after his death shee obtaines an exemplification by Commission under the Exchequer Seale it is found that she was an alien and an Information is brought against her and she pleads the exemplification 1. Resol This office is voyde for every office of Intitling as this is ought to be by Commission under the Great Seale but an office of Instruction may be under the Exchequer Seale 2. It appeared not what authority the Commissioners had but Inquisitio capta virtute Cujusdam Commissionis c. 2. That the Exemplification was pleadable by the Statute of 13. Eliz. c. 6. which extends to all Patents whatsoever without any restraint An Exemplification and an Inspeximus as an Innotescimus and a Vidimus are all one A Constat cannot be had without Affidavit and it is when Letters are casually lost An Innotescimus or a Vidimus are alwayes of a Charter of Feoffment or other Instrument not of Record Knights case 31. Eliz. Communi Banco fol. 54. THe Prior of St. John of Je 29. H. 8. Leased divers houses reserving 5. li. 10. s. 11. d. per annum at the foure usuall feasts in L. viz. for one house 3. li. 11. d. and so severally of the others with condition of re-entry for non payment and after surrenders to H. 8. who in Anno 36. grants one house to the lessee and another in fee the lessee dyeth It is found by Inquisition in the Com' of Mid ' by Commission under the Exchequer Seale that 37. s. 5. d. parcell of the said rent was arreare at M. for a quarter of a yeare before the returne of the office or seisure the King grants the residue of the houses to one who leaseth to the Plaintiffe who upon entry of the Executors of the first lessee brings Trespas and the Court being divided it was argued in the Exchequer Chamber by all the Judges 1. Resol This is an intire Lease and the viz. is but a declaration of the severall values of the houses and no severance of the reservation but by apt words divers parcells may be severally leased by one demise and severall rents reserved 2. Admitting them severall rents yet the condition is intire and in case of a common person by severance of any part of the reversion will be extinct 3. This being in case of the King his patentee of part shall not take advantage of the condition but the King himselfe may and the Patentee to whom he grants the residue although the Lease originally made by a Subject 4. Although it be found that more was arreare then was reserved quarterly yet it sufficeth that the office had matter of substance and the Jury in M. may finde which are the usuall feasts in L. 5. The grant after office and before the returne of it is good and by entry without other seisure the Lease is voyde 6. This office under the Exchequer Seale is sufficient to intitle the King to a Chattell Specots case 32. Eliz. Banco Regis in Error fol. 57. S. sa feme bring a Qu impedit against the Bishop of E. and declare that J. A. was seised of a Mannor to which an advowson was appendant and demised it to the feme for life and they presented D. W. who dyed and so it belongs to them to present the defendant pleads that the plaintiffe presented one who is schismaticus inveteratus whereof he gave notice to the plaintiffe It was adjudged for the plaintiffe in the Common place and Error brought thereupon 1. Error Because no presentment alledged in J. A. but over ruled for the presentment of the plaintiffe is sufficient for themselves 2. The Bishop ought not to shew any particular schisme for the Court of the King cannot judge of it but the Bishop is Judge also it is cause to remove a Coroner quia minus Idoneus It was answered that he ought to shew the heresie in certaine and although the Bishop is Judge yet because his Act is not of Record it is traversable and although it belongs not to the Kings Court to judge of Heresies yet the generall cause of suite being in their conusance they shall determine of it by advise of Divines and the cause of removing a Coroner is not traversable 3. The Bishop is twice amerced and a man can be amerced but once towards one man c. It was answered that he was but once amerced for the Judgement in the Kings Bench was but a rehersall of the former yet admitting the second Judgement thereby voyde neverthelesse the first Judgement is good by the Common Law without damages Quod fuit concessum per totam Curiam Fostar 32. El. in Banco le roy fol. 59. IT was resolved that the Constable having a warrant to bring one coram aliquo Justiciar ' c. it is at the election of the Officer to bring the party so attached to what Justice he will For it is greater reason to give the election to the Officer who in presumption of Law is a person indifferent and sworne to execute his Office duly then to the Delinquent Wray chiefe Justice said that a Justice of Peace may make