Selected quad for the lemma: father_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
father_n	husband_n	mother_n	wife_n	20,403	5	8.3061	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29656	Some new cases of the years and time of King Hen. 8. Edw. 6. and Qu: Mary; written out of the great abridgement, composed by Sir Robert Brook, Knight, &c. There dispersed in the titles, but here collected under years. And now translated into English by John March of Grays-Inn, Barrister. All which said cases are hy [sic]the translator methodised, and reduced alphabetically under their proper heads and titles. With an exact table of the principall matter contained therein.; Graunde abridgement. Selections. French (Law French)	Brooke, Robert, Sir, d. 1558.; March, John, 1612-1657.; Fitzherbert, Anthony, Sir, 1470-1538.	1651 (1651)	Wing B4898; ESTC R213260	142,103	327

husband die the Warranty shall be collateral to the issues because that the land came by the Father and not by the Mother 31. H. 8. B. Garranties 79. Note if the husband discontinues the right of his wife and an ancestor collaterall of the wife releases with Warranty and dies to whom the Wife is heir and after the husband dies the wife shall be barred in a Cui in vita by this Warranty notwithstanding the Coverture because that she is put to her action by the discontinuance for Coverture cannot avoid Warranty but where the entry of the wife is lawful which is not upon discontinuance 33. H. 8. B. Garranties 84. If a man saies in his Warranty Et ego tenement a predict cum pertinent prefato A. B. the Donee Warrantizabo aud doth not say eg● heredes mei he himselfe shall warrant it but his heir is not bound to warrant it because that heirs are not expressed in the Warranty 35. H. 8. B. Garrenties 50. Sir Robert Brudnel late Chief Justice of the Common Bench devised a Warranty now in use viz. That the warrantor for him and his heirs Warrantizabit contra ipsum heredes suos and by this the Feoffee shall rebut but not vouch Casus B. Garranties 30. the end Where upon a Formedon upon use there shall be a General Writ and special Declaration See Tit. Formedon General issue In an Assise or Trespass if a ●an entitles a stranger and justifies by his Commandment his ought to be pleaded and not given in evidence upon Nul tort or not guilty pleaded So of Common Rent Service Rent Charge Licence and the like these ought to be pleaded and not given in evidence upon a general issue Contrary of a Lease of Land for years upon not guilty pleaded the Defendant may give it in evidence B. General issue 81. otherwise of a Lease at will for this is as a Licence which may be Countermanded or determined at pleasure And if a Villen plead Free and of Free Estate he may give manumission in evidence for this is Manumission indeed But where he is Manumitted by act in Law as a suit taken against him by his Lord or an Obligation made to him by his Lord or a Lease for years and the like which are manumissions in Law of which the Jury cannot discuss and therefore these shall be pleaded 25 H. 8. B. General issue ●2 Debt upon an escape in the Exchequer against the Sheriffs of London for leting a man arrested by them by capias ad satisfaciendam and ●n Execution to escape the Defendants cannot say that he did not escape and give in evidence that he was not arrested for the arrest is confessed if he saies that he did not escape 34. H. 8. B. General issue 89. Grants Nota per plures Just. alios legis peritos That where a man grants an office of Bayliff Steward Receiver Parker and the like and a Fee certain for his labour onely there the Grantor may expulse such Officers But they shall have their Fee for t is but an Office of Charge But where the Steward Parker have profits of Courts Winde-Falls Dear●kinnes and the like casu●ll profits t is said that they cannot be expulsed and that of such Offices they may have an Assise And t is said that t was so taken in the time of James Hobert Attorney of King HENRY the 7. And the Officers may relinquish their Offices when they will but then their Fee ceases And Whorewood Attorney of King HENRY the 8. granted the Cases aforesaid 31. H. 8. B. Grants 134. T was said for Law That I may Ouste my Bayliff Receiver and the like giving to them their Fee fo● it rests in Charge and no profit B. doubts of the Steward for an Assise lies of such Ousters 34. H. 8. B. Grants 93. the end What shall pass by a Grant of omnia ●ona sua See Tit. Done A man possessed of a Lease for term of fourty yeers grants so many of them to ● N. which shall be arrear tempore mor●is suae and held void by Hales Just and others for the incertainty because it doth not appear how many shall be behinde at the time of his death for the Granter may live all the 40 yeers and then nothing shall be arrear at his death quare B. Grants 154. Leases 66. ●ut such Devise by Testament is good B. Grants 154. And 't is not like where a man leases Land for term of life and four yeers over this is certain that his Executors shall have four yeers after his death B. Leases 66. And also if a man leases his Land to have from his death for four yeers 't is good for this is certain and he hath authority to charge his own Land 7 E. 6. B. Grants 155. A man grants omnia terras tenementa sua in D. a Lease for yeers shall not pass Contrary if he grants omnes firmas suas there by this a Lease shall pass for of this an ejectione Firme lies and by this he shall recover the Term and therefore 't is a good word of Grant 7 E. 6. B. Grants 155. Hariots T Is said that for Hariot-custom a man shall always seise and if it be esloigned he may have detinue And for Hariot-service esloigned he may distrain● but not for Hariot-custom Time H. 8 B. Hariots 6. the end Heresie Note that 't was agreed by all the Justices and by Bake learned in the Law and Chancellor of the Exchequer and by H●re learned in the Law and Maste● of the Rolls That by the Statute of Hereticks and Lollards that if a Heretick be convicted in presence of the Sheriff th● Ordinary may commit him to the sam● Sheriff and he ought to burn him without having a Writ de haeretico comburendo But if the Sheriff be absent o● if the Heretick shall be burnt in another County in which he is not convicted ther● in these cases the Writ de haeret comburend shall be awarded to that Sheriff 〈◊〉 Officer who shall make execution And ●e said Statute in the end wills that the ●heriff shall be present at the convicti●● if the Bishop requires him And ●erefore the use is that the Ordinary shall ●ll the Sheriff to be present at the con●tion And so in the Writ de haeret ●mburend in the Nat. Brin that the ●●chbishop and his Province in their Con●●ation might and used to convict Here●●ks by the Common Law and to put 〈◊〉 to lay hands And then the Sheriffs Writ de haeret comburend burnt them ●t because that this was troublesome to 〈◊〉 the Convocation of all the Province was ordained by the Statute aforesaid ●hat every Bishop in his Diocess may ●●nvict a heretick and after abjura●●n upon relapse put him to lay hands be burnt And B. seems that if the ●●retick will not abjure at the first Con●●tion that he may be burnt at the first

shall have it for this name heires males of the body is but a name of purchase and Sir W. H. shall not have it as heir to Sir John but as purchaser B. Nosme 1. Livery 1. Discent 1. As if land is given to a man and his heires males of his body and he hath issue 2 sons the eldest hath issue a daughter and the father and the eldest son dies the younger brother shal have the land and yet he is not heir to his father And the same Law where land is given to a man and to his heirs females of his body and he hath a son and daughter and dies the daughter shall have the land and not the son B. Nosme 1. 40. And so where Tenant in tail is attainted of Treason before the Statute of 26. H. 8. his son shall have the land for he doth not claim onely as heir but by the Statute and per formam doni B. Nosme 1. Yet some were of a contrary opinion and took a Diversity where the gift is to the father himself and where t is to the heires of his body by remainder B. Nosme 1. 40. And therefore in 9. H. 6. if lands are given for term of life the remainder to the heires females of the body of I. S. who is dead and hath issue a son and daughter and after the Tenant for life dies the daughter shal not have the land for she is not heir for by Hare Master of the Rolls an antient apprentice there is a difference betwixt a gift in possession to a man and his heires females c. and a gift to a stranger the remainder to the heirs females of another for there he ought to be heir indeed when the remainder falls or otherwise the rem ' is void for ever B. Done 61. for though that the case holds place in the two cases put by Whorewood this is because that the gift was once vested which was in the father and therefore good law there otherwise in the principall case where the rem ' is not vested Yet by some the opinion of Whorewood is the better for where land is given to a man and his wife for term of life the rem ' to the heires males of the body of the man this remainder cannot be vested in the life of the wife for t is not a tail in the man by reason of the estate of the wife yet if he hath issue 2 sons and the eldest hath issue a daughter and dies the father and mother dies the younger son shall have the land as heir male and yet he is not heir indeed The same Law if such gift were the rem ' to the heirs females of the body of the man who hath a son and daughter and dies the daughter shall have the land though she is not heir The same Law where land is given to W. N. for life the remainder to I. S. for life the remainder to the heires males of the body of the said W. N. who hath 2 sons the eldest hath issue a daughter and dies W. N. and I. S. die the younger son shall have the land as heir male yet he is not heir indeed but his Neece is heir to his father for t is not matter of the first vesting nor of the remainder for where the first estate for term of life is executed the remainder over ut supra the remainder may depend in abeyance quousque c. ut supra But otherwise of a remainder to the right heires for none can have that but he which shall be heir indeed B. Nosme 40. and therefore t was agreed that the 2 remainders to the right heires of Sir John Hussey was forfeited by the attainder 37. H. 8. B Nosme If land discends to the daughter within age and after she is disseised the disseisor dies and his heir enters and after a son is born he born shal avoid the discent for he claims not as heir to his sister nor was he in esse at the time of the discent Lecture B. Discent 40. Discontinuance of Possession Recovery against Tenant in tail the reversion or remainder in the King in fee shall binde the Tenant in tail and the issue in tail but not the King But now by the Statute it shall not binde the issue in tail but that he may enter 32. H. 8. B. Discontinuance of possession 32. Note that t was agreed in the case betwixt the King and Anthony Lee Knight if the King Tenant in tail of the gift of another makes a lease for years or for life and hath issue and dies the issue may make another grant without reciting them for they are void by the death of the King Tenant in tail who granted and the heir of the King shall avoid it so that this shall not binde but during the life of the grantor for a grant without warranty or livery is no discontinuance and the King upon his grant doth not make livery And also every discontinuance is a wrong which the King cannot do the same law if he had granted in fee t is no discontinuance B. Patents 101. Discontinuance of Possession 35. Tail 39. Leases 61. And so see that the King may be Tenant in tail for when a man gives to the King in tail he cannot have a greater estate then the donor will depart with to him 38. H. 8. B. Tail 39. Release no Discontinuance See Tit. Releases Discontinuance of Proces Note that a Discontinuance puts the party to a new originall but where the Parol is without day this may be revived by a re-summons or re-attachment for the originall remains Regulae B. Discontinuance of proces 43. Dismes Tythes T was said that if a Parson demise his Glebe to a lay man there he shall pay Tythes contrary of the Parson himself that reserves them in his proper hands And that land first discharged of Tythes shall be ever discharged of them Yet if he which hath purchased a Mannor and Rectory which is discharged of Tythes Leases part of his demeanes the lessor shall have Tythes of that because that he hath the Parsonage 32. H. 8. B Dismes 17. Disseisor T was said for Law if A. leases the land of I. N. to me for years rendring rent the lessee enters and payes the rent to the lessor the lessor is a disseisor for countervails a commandment to enter and he which commands is a disseisor which note by his void lease 23. H. 8. B. Disseis ' 77. Distress Where land shall be charged with 2 distresses by Dower of part and so of partition See Tit. Avowry Note for Law that he which distrains beasts may put them into a close house if he will feed them for the distress in pound overt is but to the intent that the owner may feed them 33. H. 8. B. Distress 66. T was agreed for Law by the Justices that if a man distrain without

makes a Feoffment before the Statute of execution of Uses to the use of himself for term of his life the remainder to W. in Taile the Remainder to the right Heires of the Feoffor the Feoffor dyes and W. dyes without issue the right Heir of the Feoffor within Age he shall be in Ward for the Fee discended for the use of the Fee-simple was never out of the Feoffor And the same Law where a man gives in Taile the Remainder to the right Heires of the Donor the Fee is not out of him Otherwise where a man makes a Feoffment in Fee upon condition to re-infeoffe him and the Feoffee gives to the Feoffor for life the Remainder over in Taile the Remainder to the right Heirs of the Feoffor for there the Fee and the use of it was out of the Feoffor therefore he hath there a remainder and not a reversion 32. H. 8. B. Garde 93. Where a man holds certain land of the King in Soccage in Capite the King shall not have livery of more then the Soccage land The same where he holds of the King in Knights service and not in Capite the King shall not have more in ward but onely that which is holden of him immediately 32. H. 8. B. Garde 97. Note by all the Justices of England that a Lord in Knights service by nonage of the Heir shall not ouste the grantee of Wreck or de proxima presentatione nor the termors which are in by the father of the Heirs B Grants 85. Garde 66. Lease 31. in finibus So of a Lease for term of life 35. H. 8. B. Garde 61 the end A man dyes seised of lands holden in Knights service his brother and Heir within age the Lords seises the ward the wife of the Tenant privily with childe with a son and after the wife is delivered the brother is out of ward But if the Infant dye the brother yet within age there the brother shall be in ward again And the same Law where a daughter is heire and after a son is born the daughter is out of ward And if the son dies without issue the daughter within age she shall be in ward again so see that one and the same person may be twice in ward by two several ancestors But where the Lord seises the son for ward for land to him descended from his Father and grants the marriage of him to another and after other land holden in Knights service holden of the same Lord descends to the same son from his mother there B. seems that the Lord shall not have the ward again because he had him and granted his marriage before and the body is an intire thing 35. H. 8. B. Garde 119. 'T is granted by all the Justices that the King shal not ouste the termor of his tenant because he hath the heir of his tenant in ward by office found for him nor execution upon a Statute Merchant made against his tenant nor a rent charge granted by his tenant nor a grant de prox presentatione of an Advouson Time H. 8. B. Garde 44. If the son and heire of the Kings tenant or of another Lord be made a Knight in the life of his Father and after the Father dies the heir shall be in ward for otherwise the Ancestor may procure his son within age to be made a Knight by collusion to the intent to defraud the Lord of Ward which shal not be suffered And so it fell out of the Lord Anth. Brown of Surrey who was made Knight in the time of his Father who died the son within age and t was holden he should be in ward notwithstanding he was a Knight wherefore he agreed with the King for his marriage Otherwise B. seemes where hee is in ward and is made Knight in ward this shall put him out of ward and by him the Stat. which is Postquam haeres fuerit in custodiam cum ad aetatem pervenerit S. 21 annorum habeat hereditat suam sine relevio sine Fine Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra sua remaneat in custodia dominorum usque ad terminum supradict is intended where he is made Knight within age being in ward after the death of the Ancestor and not where he is made Knight in the life of the Ancestor 2. E. 6. B. Garde 42. 72. 'T was agreed for Law in the Common Bench that if the Lord hath not been seized of homage within time of memory but hath been seised of rent it suffices to have a Writ of Ward and to count that he died in his homage for there is seisin of something though it bee not of the intire services And for this cause and also for that the seizin is not traversable but the Tenure therefore the action lies without Seisin of the Homage 6. E. 6. B. Garde 122. the end T was holden by the Justices of both benches That where a man holds by Rent and Knights Service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of Ward yet if a Ward fall he shall have the ward of the heir for the seisin of the Rent suffices to be seised of the Tenure as to this purpose Yet otherwise B. seems to make avowry 7. E. 6. B. Avowry 96. the end Garde 69. Where a use vests in the heir as heir of his Father where the Father was dead before Whether the heir shall be in ward or not Quaere See Tit. Feoffments to uses 3. M. 1. Note that t was declared by the Doctors of the Civil Law That where an heir or other is married infra annos nubiles and after disassents at the age of discretion or after before assent to the Marriage that this suffices and the party may marry to another without divorce or witnessing of it before the Ordinary but the Ordinary may punish it per arbitrium judicis but the second espousals is good as wel by the Law of the Kingdom as by the Law of the Church 5. M. 1. B. Garde 124. Ward and marriage is by the Common Law and the Father shall have the Ward of his son or daughter and heir apparent before the King or other Lord and Soccage Tenure by 20 years and Knight service after B. Garde 120. the end If an estate be made to many and the heirs of one of them and he which hath the Fee dies his heir within age he shall be in Ward by the Statute of Wills notwithstanding the others survive which are Tenants by the Common Law Casus B. Garde 100. Garranties Warranties If the husband wife alien land of which she is dowable there to have collateral warranty t is good to have the Warranty of the Wife against her and her heirs and then if she hath issue by the husband and she and the