Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	keeper_n	lord_n	seal_n	5,051	5	8.9948	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55452	Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.	Popham, John, Sir, 1531?-1607.; England and Wales. Court of King's Bench.; England and Wales. Court of Star Chamber.	1656 (1656)	Wing P2942; ESTC R22432	293,829	228

dies and afterwards John his Son and Heir dies without Issue the reversion by this descends to the said Christopher who dies leaving Issue And upon this Case made in the Court of Wards the two chief Iustices Popham and Anderson agreed first That upon the devise and death of the Father the said Christopher and William were Joynt-tenants of the Land and not Tenants in Common notwithstanding the word severally because it is coupled with the said word joyntly But yet they agreed also that by the descent from John to Christopher the Fee-simple was executed in the said Christopher for the Moyety in the same Mannor as if he had purchased the Reversion of the whole or of this Moyety and that it is not like to the Case where Land is given and to the Heirs of one of them in which case for the benefit of the Survivorship it is not executed to divide the Ioynture because the Estates are made at one and the same time together and therfore not like to the case where the Inheritance cometh to the particular Estate by severall and divided means And a Decree was made accordingly Trin. 36. Eliz. In the Kings Bench. 1. IT was agreed by all the Iustices and Barons of the Exchequer upon an Assembly made at Serjeants-Inn after search made for the ancient Presidents and upon good deliberation taken If a man have two houses and inhabit somtimes in one and somtimes in the other if that House in which he doth not then inhabity be broken in the night to the intent to steal the Goods then being in his house that this is Burglary although no person bee then in the House and that now by the new Statute made such an Offender shall not have his Clergy for before the Statutes were made which take away Clergy in case of Burglary where any person was put in fear no mention was made in the Inditements of Burglary that any person was in the House But it was generall that the house of such a one Noctanter fregit and such Goods then there Felonice cepit And the breaking of a Church in the night to steal the Goods there is Burglary although no person be in it because this is the place to keep the Goods of the Parish And in the same manner the house of every one is the proper place to preserve his Goods although no person be there And that the Law was alwaies so it is to be collected by the course of the Statutes therof made for first the Statute of 23 H. 8. doth not take Clergy from any in case of Burglary unlesse some of the same Family be in the house and put in fear And in 5 Eliz. 6. The Offendor shall be ousted of his Clergy if any of the Family be in the house be they sleeping or waking And these Statutes were the cause that it was used of late time to put in the Inditements of Burglary that some person of the Family was then in the house to put them from their Clergy But this doth not prove that it shall not be Burglary but where some person was in the house and by 18 Eliz. Clergy is taken away in all cases of Burglary generally without making mention of any person to be there which enforce the resolution aforesaid and according to it they all agreed hereafter to put it in Execution Finch versus Riseley 2. IN this Term the case betweeen Finch and Riseley was in question before all the Iustices and Barons for this assembled at Serjeants-Inn in Fleetstreet where after Arguments heard by the Councell of the parties upon this point only If the Queen make a Lease for years rendring Rent with a Proviso that the Rent be not paid at the day limited that the Lease shall cease without making mention that it was to be paid at the receit whether the Lease shall cease upon the default of payment before Office found therof And by Periam and some of the Iustices the Lease stall not cease untill an Office be found of the default because it is a matter in Fait which determines it to wit the not-payment And by Gawdy it shall be taken as if it had been for the not-payment that the Proviso had been that the Lease shall be forfeited In which case it is not detennined untill Re-entry made for the forfeiture which in the Queens case ought alwaies to be by Office which countervails the re-entry of a common person As where the Queen makes a Lease rendring Rent and for default of payment a Re-entry albeit the Rent be not paid yet untill Office found therof the Rent continues Popham Anderson and the greater part of the Iustices and Barons resolved that it was cleer in this case that Ipso facto upon the default of payment the Lease was determined according to the very purport of the contract beyond which it cannot have any beeing and therfore there needs no Office in the case But where it is that it shall be forfeited or that he shall re-enter there untill advantage taken of the forfeiture in the one case or untill re-entry made in the other case the Term alwaies continues by the contract And where in the case of a common person there is need of a re-entry to undo the Estate there in the case of the King there needs an Office to determine the Estate for an Office in the Kings case countervails an entry for the King in person cannot make the entry And upon this resolution of the greater part of the Iustices in Mich. Term 31 32 Eliz. the same case was in question in the Office of Pleas in the Exchequer between the said Moil Finch Plaintiff and Thomas Throgmorton and others Defendants and there adjudged by Manwood late chief Baron and all the other Barons unanimously after long argument at the Bar and Bench that the Lease was void upon default of payment of the Rent according to the Proviso of the Lease and this immediatly without Office for the reasens before remembred upon which Iudgment was given a Writ of Error was brought before the Lord Keeper of the great Seal and the Lord Treasurer of England where it long depended and after many arguments the Iudgment given in the Exchequer by the advice of Popham and Anderson was affirmed and that upon this reason for the Proviso shall be taken to be a limitation to determine the Estate and not a Condition to undo the Estate which cannot be defeated in case of a Condition but by entry in case of a common person and but by Office which countervails an entry in the case of the Queen And this Iudgment was so affirmed in Mich. Term 36 37 Eliz. Smiths Case 3 IT was found by Diem clausit extremum after the death of Richard Smith that in consideration of a marriage to be had between Margaret Smith and William Littleton a younger Son to Sir John Littleton Knight and of 1300. marks paid by the said Sir John to the said

Vse may be averred without Deed upon a Fine sur Render And all agreed that if there had been a Deed to have declared the purport of the Fine that the Fine shall not be taken to extend further then is comprised in the Deed. And what is the cause therof the Deed or the intent of the parties and none can say but that it is the intent of the parties and not the Deed and the intent may as well appear without the Deed as with it albeit it be not so conclusive by Parole as by Deed. And therfore suppose I have 100. acres of Land in a Close in D. and I. S. hath another 100. acres in the same Close and Town and I. S. hath a 100. acres of Land in the same Town out of this Close and my intent is to levy a Fine to I. S. of the whole Close by the name of 200. acres of Land with a Render as before and I levy it accordingly shall the Render enure to the Land which I. S. had in the same Town It is cleer that it shall not although it be without Deed why then shall the Fine here be taken to work rather to the Land called Karkian then to any other Lands which any other had in the same Towns when it appeareth plainly that it never was the intent of the parties that the Fine should extend to these Lands called Karkian and it was decreed in Chancery accordingly Hall versus Arrowsmith 4. IN the case between Hall and Arrowsmith it was agreed by the whole Court in the Kings Bench That if a Copyholder for life hath licence to make a Lease for three years if he shall live so long and he makes a Lease for three years without such a Limitation that yet this is no forfeiture of his Estate because the operation of Law makes such a Limitation to the Estate which he made to wit that it shall not continue but for his life and then such an express Limitation in the case where the Law it self makes it is but a meer trifle and yet if a Lessee for life makes a Lease for years and he in the Reversion confirm it it remains good after the death of the Tenant for life but this then shall be as if it had been made by him in the Reversion himself and shall be his Lease But if the Lease there had been made determin●ble upon the life of Tenant for life the confirmation therof by him in the Reversion will not help him after the death of him who was Tenant for life Causa patet But in the principall case if the Copyholder had had an Estate in Fee by Copy it had been a forfeiture of his Estate to make an absolute Lease because in that case he does more then he was licensed to do And they agreed that such a licence cannot be made to be void by a Condition subsequent to the execution therof to undo that which was once well executed But there may be a Condition precedent united to it because in such a case it is no licence untill the Condition performed but the licence before mentioned is not a condition all Licence but a Licence with a Limitation and therfore hath not been of force if the Limitation which the Law makes in this case had not been and the Limitation in Law shall be preferred before the Limitation in Deed where they work to one and the same effect and not different Arthur Johnsons Case 5. ARthur Johnson was possessed of a Term for years and so possessed assigned this over to Robert Waterhouse and John Waterhouse being Brothers to the Wife of the said Johnson to the use of the said Wife the said Johnson dies and makes his Wife his Executrix after which the said Wife takes Robert Witham to Husband who takes the Profits of the Land during the life of his said Wife the Wife dies Intestate her said Brothers being next of kin to the said Wife took administration as well of the Goods of the said Wife as of her first Husband And whether the said Waterhouses or the said Witham shall have this Lease or the use therof was the question in the Chancery and therupon put to the two chief Iustices upon which they and the chief Baron and all the other Iustices of Serjeants-Inne in Fleetstreet and Beamont also were cleer in opinion that the said Administrators had now as well the Interest as the Vse also of the said Term as well in Conscience as in Law and that they had the use as Administrators to the said Wife and that the said Witham shall not have it because it is as a thing in Action which the Administrators of the Wife alwaies shall have and not the Husband As if an Obligation had been made to the use of the Wife And this opinion was certified accordingly to the Lord Keeper of the great Seal of England and it was so decreed Taunton versus Barrey 6. IN an Ejectione firmae brought by Giles Taunton Plaintiff in the King Bench against Giles Barrey Defendant the Case was thus Iohn Coles Esquire made a Lease of the Lands in question to the Father of the said Barrey for divers years depending upon the life of the Lessee and of the said Defendant and of the Survivor of them upon condition that the said Father should not alien without the consent of the said Coles his heirs after which the said Father devised the Term to the said Defendant and died making his Executor who assented And the question upon this point found upon a speciall Verdict was whether upon the matter the Condition were broken and by the opinion of the whole Court adjudged that it was for in such a case he ought to have left it to his Executor without making any Devise of it for the Devise is an Alienation against him and therfore it was agreed that the Plaintiff shall recover Term 37 Eliz. Rot. between Roper and Roper Michaelmas Term 38 39. Eliz. Everets Case 1. THis Case was moved by the chief Iustice to the other chief Iustices at Serjeants-Inne in Fleetstreet concerning one Everet who before was attaint for stealing of a Horse reprieved after Iudgment and Indited again for stealing another Horse before this Attainder And the Vicar of Pelton in the County of Somerset was Indited as accessary before this Felony for the procurement of it And Everet being again Indited upon this last Inditement did not plead that he was formerly Indited of another Felony c. but acknowledged the Inditement wherby the Accessary was Arrained tried and found guilty and had his Iudgment also as the principall but the Execution of the Accessary was respited And now moved whether upon this matter it shall be fit to execute the Accessary the principall being executed And it seemed convenient to all the Iustices and Barons that he shall be executed and that the matter was cleer in this case because the principall did not take advantage of his