Selected quad for the lemma: water_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
water_n john_n richard_n thomas_n 3,599 5 10.6259 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A64753 The reports and arguments of that learned judge Sir John Vaughan Kt. late chief justice of His Majesties court of Common Pleas being all of them special cases and many wherein he pronounced the resolution of the whole court of common pleas ; at the time he was chief justice there / published by his son Edward Vaughan, Esq. England and Wales. Court of Common Pleas.; Vaughan, John, Sir, 1603-1674.; Vaughan, Edward, d. 1688. 1677 (1677) Wing V130; ESTC R716 370,241 492

There are 2 snippets containing the selected quad. | View lemmatised text

But if he after the structure acquire or purchase a Water-course to it and grant it with the Appurtenances the Water-course passes because the Mill cannot be used without it So it is for the Mill-damm or Bank or the like So if he acquire an inlargement or bettering of his Water-course that additional water shall pass as pertaining how lately soever acquired So if a man grants his Saddle with all things thereto belonging Stirrops Girths and the like pass So if a man will grant his Viol the Strings and Bow will pass And the Pool was belonging and appertaining to the Water-work in this last sense as pertaining to the nature of the thing granted without which it could not be us'd for the Iury find Quod Stagnum praedictum fuit necessarium pro structura Anglicè Water-work praedict quodque eadem structura sine eodem Stagno operare non potuit And where a thing is so pertaining to the nature of the thing granted it is belonging and pertaining immediately as soon as the thing is erected and it is annexed to it And note the Iury do not find that aqua Stagni praedict but the Stagnum it self was necessary for the Water-work Nor do they find that the Water-work could not operare sine aqua Stagni but sine Stagno praedict And thereby they find that the Water and Soyl which Stagnum signifies was necessary for the work and it could not work without it Pasch 19 Car. II. Henry Stiles Plaintiff Richard Coxe Baronet Richard Coxe Esquire John Cromwell Thomas Merrett and Charles Davies Defendants In an Action of Trespass of Assault Battery and False Imprisonment 1. THE Plaintiff declares That the Defendants the last day of December in the Seventeenth year of the King in the Parish of St. Mary Bow in the Ward of Cheap in London assaulted wounded and kept him in Prison by the space of two days next following to his Damage of One hundred pounds 2. The Defendants plead They are not Culpable of the Trespass Assault Battery c. aforesaid 3. The Iury find Richard Coxe Esquire and Charles Davies not Culpable accordingly 4. And as to the rest of the Defendants they find specially That before the suppos'd Trespass that is the Eight and twentieth day of September in the Seventeenth year of the King one Richard Baughes Esquire one of the Iustices of the Peace of the County of Gloucester issued his Warrant under his Hand and Seal to the Constable and Tithingmen of Dumbleton in the said County to apprehend and bring before him the Plaintiff Henry Stiles and others to answer to such matters of Misdemeanour as on his Majesties behalf should be objected against them by Sir Richard Coxe Baronet then high Sheriff of the said County They find the Warrant in haec verba 5. That the said Warrant was afterwards and before the Trespass delivered to one Samuel Williams Constable of Dumbleton to be executed and that upon the said last day of December mentioned in the Declaration being Sunday immediately before Divine Service the Plaintiff sitting in a Seat of the said Church of Dumbleton by order of Richard Dasney Esquire his Master who claimed right to the said Seat the said Plaintiff being no Parishioner there nor dwelling in the said Parish the said Samuel being then Constable arrested the said Plaintiff 6. That the said Plaintiff at first resisted and refused to obey the said Warrant and after obey'd it That the said Samuel the Constable required the said Defendant Thomas Merret to assist him to convey him before a Iustice of the Peace But the said Samuel Thomas Merret and John Cromwell convey'd him to the House of the said Samuel in Dumbleton 7. Et tunc the aforesaid Richard Coxe Miles sent for the said Samuel at the House of the said Samuel in Dumbleton aforesaid Et praecepit eidem Samueli to lay the Plaintiff in the Stocks and thereupon the said Samuel John and Thomas convey'd the Plaintiff fromwards the way to the said Richard Baughes Iustice of the Peace and about Eleven of the Clock of the same day in the morning put the Plaintiff in the Stocks 8. They find the Act of 21 Jac. particularly cap. 12. And the Recital therein of the Act of 7 Jac. cap. 5. being an Act intitled An Act for easie pleading against troublesome and contentious Suits against Justices of the Peace Mayors Constables c. 9. And find particularly That it was Enacted by the said Parliament Quod si aliqua Actio Billa c. 10. But whether upon the whole matter by them found the said Sir Richard Coxe Baronet John and Thomas are Culpable they know not Et petunt advisamentum Curiae in Praemissis 11. And if upon the whole matter so found the Court shall think quod actio praedicta possit commensari in London Then they find the said Richard Coxe Baronet John and Thomas Culpable of the Trespass and assess damages to One hundred Marks and Costs to Three and fifty shillings and four pence 12. But if the said Court be of Opinion That the aforesaid Action could only be laid in the County of Gloucester then they find the said Richard Coxe Baronet John and Thomas not Culpable The words of the Act of 21 Jac. cap. 12. and which are particularly found by the Iury are 1. That if any Action Bill Plaint or Suit upon the Case Trespass Beating or False Imprisonment shall be brought against any Justice of the Peace Mayor or Bayliff of City or Town Corporate Headborough Portreeve Constable Tithingman c. or any of them or any other which in their Aid or Assistance or by their Commandment shall do any thing touching or concerning his or their Office or Offices for or concerning any matter cause or thing by them or any of them done by virtue or reason of their or any of their Office or Offices That the said Action Bill Plaint or Suit shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere 2. And that it shall be lawful to every person and persons aforesaid to plead the general Issue and to give the special matter in evidence As by the Act of 7 Jac. cap. 5. 3. That if upon the Tryal of any such Action Bill Plaint or Suit the Plaintiff therein shall not prove to the Jury Trespass Beating Imprisonment or other Fact or cause of Action Bill Plaint c. was or were had made or committed within the County wherein such Action Bill Plaint or Suit shall be laid That then the Jury shall find the Defendant or Defendants in every such Action Bill Plaint or Suit Not guilty without having any regard or respect to any Evidence given by the Plaintiff touching the Trespass or other cause of the Action Bill Plaint or Suit c. 4. If Verdict shall pass with the Defendant or Defendants or if the Plaintiff therein become Non-suit or suffer any discontinuance thereof the Defendant or Defendants shall have such
all Lands Tenements Meadows Tithe Corn and Grain Hay and Wool and all Profits to the said Parsonage belonging And also the Vicaridge of Hooknorton aforesaid with the Appurtenances And all Lands Tithes Profits to the said Vicaridge belonging And also a Pasture called Prestfield with the Appurtenances in Hooknorton aforesaid And all Commons of Sheep call'd by the name of their Founders Flock And the Hay of a Meadow call'd Brown-mead with the customary works thereto pertaining And the Tithe and Duty of a Mead call'd Hay-mead in Hooknorton aforesaid Except and reserved to the said Abbot and Covent and their Successors All Tenants and Tenantries then or after to be set by Copy of Court-Roll All Fines Reliefs Escheats Herriots Amerciaments Pains Forfeits and all Perquisites of Courts Barons and Leets To have and to hold the said Farm or Mannor and all other the Premisses with the Appurtenances Except before excepted to the said Croker his Executors and Assigns from the Feast of the Annunciation of our Lady last past before the Date of the said Deed Indented for the term of Eighty years rendring to the said Abbot Covent and their Successors yearly during the said term For the said Mannor and Farm 9 l. For the said Parsonage 22 l. 2 s. For the Common of Sheep Hay and Custom-works of Brown-Mead 5 l. For the Wool 12 l. For Prest-field 6 l. 13 s. 4 d. For the Vicaridge 6 l. 13 s. 4 d. of lawful mony c. at the Feasts of St. Michael the Arch-angel the Annunciation of our Lady by equal portions As by the same Deed Indented amongst divers other Covenants and Grants more plainly appeareth And where also as the said Bishop by his other Deed Indented Dated 8. October 1 Edw. 6. hath demis'd and to farm lett unto the said John Croker all that his Mannor of Hooknorton aforesaid with all Messuages Tofts Cottages Orchards Curtilages Lands Tenements Meadows Leasowes Pastures Feedings Commons waste Grounds Woods Underwoods Waters Mills Courts-Leets Fines Herriots Amerciaments Franchises Liberties Rents Reversions Services and all other Hereditaments whatsoever they be set lying and being in Hooknorton aforesaid in the said County with the Appurtenances Except certain Lands and Tenements in the said Town in the Tenure of the said John Croker for certain years then enduring To have and to hold All the said Mannor of Hooknorton and all other the Premisses with the Appurtenances Except before excepted to the said John Croker and his Assigns from the Feast of St. Michael the Arch-angel last past before the Date of the said latter Deed Indented to the full end of the term of Ninety years from thence next ensuing Rendring to the said Bishop and his Successors yearly during the said term Eleven pounds four shillings and nine pence at the Feasts of the Annunciation and St. Michael the Arch-angel by equal portions as by the said latter Deed among other Covenants and Grants more plainly appears The Reversion of all which Premisses are in the said Bishop and to him and his Successors do belong as in Right of his Church Now witnesseth That the said Bishop hath demis'd Ind. 1 Mar. and to Farm lett and by these Presents doth demise c. to the said John Croker All the said Mannor and Farm of Hooknorton together with all Messuages c. And all and singular other the Premisses with the Appurtenances in the said several Indentures specified and contain'd To have and to hold the said Premisses contain'd in the said first Indenture to the said John Croker his Executors and Assigns from the end expiration and determination of the said term specified in the said first Indenture unto the end and term of Ninety years next ensuing yielding therefore yearly to the said Bishop and his Successors for the said Premisses specified in the said first Indenture such and like Rents as in the said first Indenture are reserv'd at the same daies and times and To have and to hold All the Premisses specified in the said latter Indenture from the end expiration and determination of the said term specified in the said latter Indenture until the end and term of Ninety years then next ensuing Rendring yearly for the Premisses in the said latter Indenture specified such and like Rent as is reserv'd by the said latter Indenture and at the same days and times Then follows a Clause of Distress if the Rent be behind for a Month. And if the said several yearly Rents reserved by these Indentures or any of them be unpaid in part or in all by the space of one quarter of a year after any the said Feasts at which the same ought to be paid and be lawfully demanded and no sufficient Distress upon the Premisses whereupon the same is reserved to be found Then to be lawful for the said Bishop and his Successors into such of the Premisses whereupon such Rents being behind is or are reserved to re-enter and to have as in their former estate And the said Jurors further say That the aforesaid Indenture of Demise afterwards the Tenth of May Anno 1 Mar. aforesaid by the then Dean and Chapter of Oxford under their Common Seal was confirm'd and find the tenor of the Confirmation in haec verba They further find That the said Two hundred Acres of Pasture at the time of making the said Indenture and at the time of the Trespass and Ejectment were and yet are parcel of the said Mannor of Hooknorton They further find That the Rent for all the said demis'd Premisses reserv'd by the said Indenture for one whole half year ended at the Feast of Saint Michael the Arch-angel 1643. was behind and unpaid and that Robert late Bishop of Oxford the Nine and twentieth and Thirtieth Day of December 1643. into the Parsonage House then and by the Space of Forty or Fifty years before reputed and call'd the Mannor-house And that he then at the said Parsonage-house by the space of One hour next before the Sun-setting of both the said two daies remain'd and continued until and by the space of One hour after Sun-setting of both daies demanding and then did demand the Rent for the half of the year aforesaid They further say That there was no sufficient Distress upon the Premisses at the time of the demand of the said Rent thereupon And that the said Bishop the said Thirtieth Day of December 1643. aforesaid into the said Premisses enter'd They further say That all the Right State and Title term of Years and Interest of and in the Mannor Tenements Rectory and other the said Premisses by virtue of the said Indenture of Demise by the said late Bishop as aforesaid granted to the said John Croker by mean Assignments came to the said Thomas Wise That by virtue of the said several Assignments the said Thomas Wise afterwards the Fourth of January 1667. into the Premisses enter'd and was possessed for the Residue of the term of years prout Lex postulat That he so possessed