Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	punishment_n	spiritual_a	temporal_a	8,636	5	9.8741	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43467	Reports and cases taken in the third, fourth, fifth, sixth and seventh years of the late King Charles as they were argued by most of the King's sergeants at the Commonpleas barre / collected and reported, by that eminent lawyer, Sir Thomas Hetley Knight, sergeant at law, sometimes of the Honourable Society of Grayes-Inne, and appointed by the king and judges for one of he reporters of the law ; now Englished, and likewise of the cases, both alphabetical.	Hetley, Thomas, Sir.; England and Wales. Court of Common Pleas.	1657 (1657)	Wing H1627; ESTC R10743	229,000	204

it may be against the Bayle otherwise it is Hill 4 Car. Com. Banc. Plummers Case IF a Recusant bring an action c. and the Defendant pleads that he is a Recusant Convict and then the Plaintiff conform which is certified under the Seal of the Bishop And upon that orders that the Defendant plead in chief and then the Plaintiff relapses and is convicted again The Defendant cannot plead indisabilitity again As it was adjudged by the Court. Sir John Halls Case SIr Iohn Halls case in a quare impedit It was given for the Plaintiff who was presented by the King to a Church void by Symony That it was apparently proved that the Plaintiff had a writ to the Bishop of Winchester who returns before the writ accepted scil Such a day which was after the Iudgement the Church was full by presentation out of the Court of Wards because that a livery was not sued These returns that the Church was full before the receipt of the writs are always ruled to be insufficient For the Bishop ought to execute the writ when it comes to him 9 Eliz. Dyer in a scire fac c. 18 E. 4. 7. The difference here is That the King presented If the presentee of one without title is admitted and instituted the Patron may bring a quare impedit with presentation for it is in vain for him to present when the Church is full But if a common person recover and had a writ to the Bishop if the Ordinary return that it is full before of his own presentment it is good As if one recover he may enter if he will without a writ of execution to the Sheriff And in this case the second presentation does not make mention of the other presentation or revoke it But if the Ordinary had returned an other presented by Symony under the great Seal And that the other in that was revoked that is good For it is an execution of the Iudgement may be pleaded in abate of the Writ But if this return should be allowed by this trick all the recoveries in a quare impedit should be to no purpose Harvey only present agreed that the Iudgement ought to be executed and that that is a new devise And if the presentment under the seal of the Court of wards was returned then the question would be whether the great Seal or this Seal should be preferred but the presentation is not returned Whereupon they two agreed That the Bishop should have a day to amend his return And not that a new writ should be taken against him Hill 4. Car. Com. Banc. Andrews against Hutton Hutton Farmer of a Mannor Andrews and other Churchardens libels against him for a tax for the reparation of the Church Henden moved for a prohibition because that first the libel was upon a custom that the lands should he charged for reparations which customs ought to be tryed at the Common law And secondly he said That the custom of that place is that houses and arrable Lands should be taxed only for the reparations of the Church and meadow and pasture should be charged with other taxes But the whole Court on the contrary First That although a libel is by a custom yet the other lands shall be dischargeable by the Common law But the usage is to allege a custom and also that houses are chargeable to the reparations of the Church as well as land And thirdly that a custom to discharge some lands is not good Wherefore a prohibition was granted Sir Iohn Halls case again IT was moved again and Henden endeavoured to maintain that the return was good And he said where the King had Iudgement upon the Statute of Symony The King may choose if he will have the Writ to the Bishop For if he present and the Bishop admits his Clerk it is a good performance of the Iudgement And admit that the King had a former title this title remains notwithstanding that Iudgement And it is not necessary to return it For if the title be returned it is not traversabe Henden If the return was that the Church was full by presentation of a stranger it is clearly void Richardson in Bennet and Stokes case there was a rule and adjudged that if a Clerk be admitted pendente lite ex praesentatione of a stranger who is not a party at all to the sute Yet such a plenarty returned is not a good return And upon superinstitution their titles ought to be tryed Yelv. The King presents one under the great seal of the Court of Wards this second presentation is not a revocation of the first but it is void Richardson And so is the second void because the King is not fully informed of his title but if he be then perhaps it would be otherwise Henley One is Patron and a Stranger presents who has not title by Symony all is now void But the King is not bound to present by Symony but may present as Patron Yelverton and Richardson The Bishop ought to obey the Writ of the King And when the Clerk is instituted that the incumbents may try their rights in trespass in Ejectione firm or otherwise the parson who recovered should be shut up Dawthorn against Sir Iohn Bullock IN a Replevin for taking of his goods and Cattel The cattel and goods were delivered in pawn to the Defendant for mony and the Plaintiff did not pay the money at the day yet in the absence of the Plaintiff coming with the Sheriff who replevyed them The Defendant avows for the cause aforesaid And Atthow demurred upon the avowry generally For that that it appeared that the Defendant had a special property in the goods and therefore he ought not to avow but justifie the same Richardson and Yelverton being only present awarded that judgement should be for the Defendant because that now by the Statute they may give Iudgement upon the Right and the Avowry is but a form upon which the Replevin is barred But he cannot have a returno habendo The Countesse of Purbecks Case HEnden moved for a prohibition for the Countesse of Purbeck who was censured in the High Commission Court for Adultery with Sir Robert Howard son to the Countesse of Suffolk and the sentence there was that she should be imprisoned without bayl or mainprise until she found security for to perform the sentence and she was fined 400 marks But Henden alleged that they had not power to inflict such punishment For the offence is spiritual and the punishment temporal And the High Commission had not power to impose a fine and imprison for Ecclesiastical causes For the liberty of the Subject is Precious And therefore the censure in the Ecclesiastical Court ought to be only by excommunication before the Statute of 1 Eliz. there was not any question of it as appears by Articuli Cler. And the Statute does not make alteration of it but only in the things there named Hil. 42 Eliz. Smiths Case