Selected quad for the lemma: church_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
church_n	ancient_a	time_n	year_n	3,898	5	4.4489	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45254	The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.	England and Wales. Court of Common Pleas.; Hutton, Richard, Sir, 1561?-1639.	1656 (1656)	Wing H3843; ESTC R14563	150,299	158

use of the Kings Bench is never to enter the Admission but only to recite it in the Count vide 11 H 7. Rot 412. In a Writ of Right by Baron and Feme and another Feme Infants there per custodes good vide 8 E 4 5. for the Mainprise entred in another Term lib Intractionum fol 366. It was vouched by Croke and affirmed by Yelverton in one Simpsons case in Durham Simpsons case where the Tenant was by Prochein amy where it should be by Guardian was Error The Presidents are that an Infant when he sue may be by Guardian or Prochein amy the one or the other but when he is sued it shall be by Guardian Mich. 3 Car. Wolfe versus Hole WOlfe an Attorney Plaintiff against Hole by a Writ of Priviledge Amendment and he Count upon an Assumpsit And after Verdict given and Iudgment a Writ of Error was brought and moved that there was a default in the Imparlance Roll viz. fault de trover pledges which was as it ought to be in the Plea Roll And it was moved that it might be amended and after debate at Bar by Henden and Davenport it was resolved that the not finding of Pledges is not matter of form but matter of substance and it concerns the King for if the cause to amerce the Plaintiff the Iudgment is Ideo le Plaintiff ses pledge sont Amerce and that it is not aided by the Statute of 18 Eliz. quod quaere and vide 12 Eliz Dyer 288. there is a Case written by me that An 17 Jac was amended after the Verdict and in one Hillaries case and vide th●re in Dyer that the Plaintiff when he is sued by Priviledges ought to find pledges and that as well as when a Bill is filed against an Attorney But now because that it was assigned for Error and that if it be amendable the Iustices of the Kings Bench would amend it this Court would not but if it had been in the Imparlance Roll and omitted in the Plea Roll it should be amended vide 18 E 4. 9. that Pledges may be entred at any time Hil. 2. Car. Rot. 565. Hilton versus Paule RIchard Hilton brought an action of Trespasse against Robert Paule Trespasse Which shall be said a Parish Church within the act of 43 Eliz. for the maintenance of th● poor for the taking of a Saddle at Stoke-Goldenham And upon Not guilty pleaded the Iury gave a speciall Verdict Viz. That the Parish of Hinkley was de temps dont memory c. and yet is an ancient Rectory and a Church Parochiall And that the Town of Stoke-Goldenham is an ancient Town and parcell of the Rectory of Hinkley And that from the time of H. 6. and afterwards untill this time there hath been and is in the Town of Goldenham a Church which by all the said time hath been used and reputed as a Parish And that the Inhabitants of Stoke-G by all the said time had had all Parochiall Rights and Church-wardens And that the Tow●● of Stoke-Goldenham is distant two miles from Hinkley And the Verdict concluded it it should seem to them that Stoke Goldenham is a Parish for the relief of Poor within the Statute of 43 Eliz. cap. 2. then they find for the Plaintiff if not for the Defendant And this Case was argued by Serjeant Barkley and he vouched Linwood fol 89. and said that there is Ecclesia major minor and a dependant Church upon the principall and another Church and which is found to be used and reputed ergo it is not a Parish And that the Exception of the Chappell of Foulnes which by the Statute is made a Parish proves that Chappell and Parish are not within the Statute he vouched 4 E 4. 39. and 5 E 4. to prove that divers Town may be one Parish And the Lord Richardson said that it is a clear case that this is a Parish within the intent of the Statute of 43 Eliz. for the relief of Poor And that the Church-wardens and Overseers of Stoke-Goldenham might assesse for the relief of the Poor And though it be found that after the time of H. 6. and untill now it had been used as a Parish Church that doth not exclude that it was not used so before And a Reputative Chantery is within the Statute of Chantries 1 E 6. And this Statute being made for the relief of the Poor and that they might not wander therfore the intent of the Statute is to confine the relief to Parishes then in esse and so used And every one of the Court delivered their opinion and concurred And so Iudgment was given for the Plaintiff Hil. 3 Car. Peto versus Pemmerton Mich. 3 Car. Rot. 414. Replevin SIr Edward Peto Knight brought Replevin against Robert Pemmerton and Giles Thompson The Defendants made Conusance as Bayliffs to Humphrey Peto Where Grantee of a Rent-charge takes a Lease of part of the Land and surrenders it the Rent shall be revived and that Humphrey the Father of the said Humphry was seised of the place in which c. in Fee and by his Deed granted the Rent of six pounds to the said Humphrey his Son for life out therof to Commence after the Death of the Grantor and shewed that Humphrey the Father died and for Rent arrear c. The Plaintiff in Bar to the Avowry confesse the grant and seisin of the Land and that the said Humphrey died seised of the Land out of which the Rent was granted and that that descended to William and from William to the Plaintiff who entred and demised to the said Humphrey the Son parcell of the Lands unde c. for five hundred years by force of which Lease the said Humphrey had entred and was possessed The Defendants replyed that afterwards and before any part for which they made Conusance was arrear the said Humphrey the Son surrendred the said Lease to Sir Edward Peto to which surrender the said Sir Edward agreed wherupon the Plaintiff demurred And this Case was argued by Henden and he said that when the act of him which had the Rent made the suspension his act alone could not revive it But a Rent suspended might be revived by the act of Law or by the joynt act or agreement of the parties by whom the suspension was made 21 H. 7. 7. 19 H 6. 4. 19 H 6. 45. 7 H 6. 2. As for the personall things when they are suspended they are extinct unlesse it be in auter droit as if Feme Executrix take the Debtor to Husband and the Baron dies the Wife shall have an action of Debt against his Executors One reason in this case is because that by the surrender which is accepted the Contract is determined and that is by the act of both And by the surrender the Estate for years is extinguisht to all purposes as to that to which the surrender was made as if he had granted a Rent now it shall

Copyhold to one which is admitted Copyholder extinguisheth the Right of the Copyhold by Deed And if a Copyholder release to the Lord that extinguisheth the Copyhold although it be contrary to the nature of a Release to give a possession It was agreed here that this Copyhold is not extinct but the Lord which is Lessee for years Dominus pro tempore may grant it by Copy de novo Mich. 21 Jac. Aris versus Higgins ARis brought an action upon the case against Higgins for saying these words He is a Theef and hath stol● my Corn Case Words and made me no satisfaction And it was found for the Plaintiff and afterwards moved in Arrest of Iudgment that these words were not actionable for Verba ambigua in mitiori sensu sunt accipienda And therfore Coke lib 4. fol 19. Thou art a Theef for thou hast stoln Apples out of my Orchard or thou hast robbed my Hop gound the latter words qualifie the generality of the former Also an Innuendo will not make either the person or the matter certain Coke lib 4. fol 10. Barham did burn my Burn Innuendo a Barn with Corn not actionable and that he had not satisfaction that proves that it was for Corn growing for otherwise if it were Felony the party shall not have satisfaction But Iustice Winch was of opinion that the action lay and that the words He is a Theef he hath stoln my Corn are both actionable and not like to Robbing my Orchard or stealing my Apples in my Orchard for Apples in an Orchard are commonly upon the Trees And as to the words Thou hast made me no satisfaction these do not qualifie the former words Thou art a Theef and hast stoln a bundle of Fitches adjudged actionable Iustice Jones was of the same opinion for stealing of his Corn shall be intended of Corn severed for otherwise it is acres of Corn or Corn growing Serjeant Hobart was of opinion that the words shall be intended in mitiori sensu And we all agreed that that which qualifies or extenuates words ought to be full and not ambiguous Rud versus the Bishop of Lincoln Quare Impedit IN a Quare impedit brought by Edward Rud against the Bishop of Lincoln Lord keeper Drury and Stubbin for the Church of Dackworth upon Evidence at Bar these Points were resolved in the Court. Quare Impedit 1. When one usurps upon a Lease for years that this Usurpation gains the Fee and puts the very Patron out of possession And though by the Statute of Westminster 2. cap. 5. he in reversion after the Lease may have a Quare Impedit when the Church is void or may present and if he present and his Clerk be admitted and inducted that then he is remitted yet untill it be recovered or his Clerk be in the Usurper hath the Fee and against him lies the Writ of Right and that descends to his Heirs and his Wife shall be endowed 2. When the King present one by Laps not having any Title of Laps and a recovery is had against him in a Quare Impedit by one which had no Title If this gain the Patronage And it is clear the King had no Title to present and although he which comes in by such Laps is not Incumbent nor gains the Patronage yet he is Incumbent as to all Ecclesiasticall matters to have Offerings Tithes c. for it is only as to the rightfull Patronage no gaining of the Patronage but he may present vide Greens case Coke lib. 6. fol. 29. 3 It was resolved by the Court that when one recover in a Quare Impedit although that no Writ be awarded to the Bishop yet if upon non presentment the Bishop will admit and institute his Clerk and he is Inducted And that is good as wel as a man may enter without a Writ of Habere factas seisinam after recovery so may the Patron which hath recovered in a Quare Impedit present and that being accepted and Institution and Induction pursuing therupon it is good 4. Also whore the Issue was whether the Church was void at the time of the presentment of Palu or not and it appears that the case was that Thomas Rud after the Church was void by the death of Clement Rud and after that one Taxall was presented by Laps and Admitted Instituted and Inducted where the King had not Title the said Thomas Rud having good Title to present made a writing of presentation of the said Paul and after be it then exhibited to the Bishop or no The said Thomas Rud brought a Quare Impedit and recovered and afterwards this Presentation is exhibited to the Bishop and he admit institute and makes a Mandate for Induction which also is afterward done accordingly Now the Issue being whether the Church was void at the time of the Presentation of Pain the time of this Presentation shall now be the time of exhibiting therof after the Judgment And then as to Rud which had recovered against him the Church was then void for whensoever the Bishop had the Presentation exhibited at that time he ought by the Law to admit institute and give a Mandate for Induction the then Church is void But after the Judgment the Bishop ought to accept that and admit and institute Ergo at that time the Church was void and that is to be the time of the Presentation 5. When one having good Title to present and an Incumbent by Usurpation is admitted instituted and inducted and after that the Patron present and the Bishop refuse and after the Patron recover and then he which had this Presentation exhibite it to the Bishop this is now a good Presentation and the Patron cannot revoke or give him a new Presentation but if the Patron before the death of the Incumbent makes Letters of Presentation that is void because he had no Title to present Hil. 20 Jac. Rot. 1942. Pleydell versus Gosmoore Wilts EDmond Pleydell brought an action of Trespasse against Richard Gosmoore Trespasse Where one may fetter an Estray and William G. for the taking and chasing of a Colt and fettering of him with a Continuando as to the fettering The Defendant convey the Mannor of Sharston to Francis Earl of Hertford And that the Earl and all those whose Estates c. had the Estrayes which come within the said Mannor 〈◊〉 that the Tithing-men for the time being seised the Estrayes and proclaimed them at the next Market or Fair c. and kept them untill they be claimed or forfeited And that he was a Tithing-man and seised this Colt as an Estray and because this Colt was so feirce c. that he could not be kept in Pasture he fettered him and kept him in his Pasture within the Mannor and that for the space of two weeks and the Plaintiff having notice claimed him and had him delivered c. The Plaintiff demurred generally Attho said that he had not avorred that he continued feirce