Selected quad for the lemma: hand_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
hand_n	good_a	king_n	lord_n	7,040	5	3.9036	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A47714	Reports and cases of law, argued and adjudged in the courts at Westminster, in the times of the late Queen Elizabeth, and King James in four parts / collected by ... William Leonard, Esq. ...; with alphabetical tables of the names of the cases, and of the matter contained in each part ; published by William Hughes ...; Reports and cases of law argued and adjudged in the courts at Westminster Part 1	Leonard, William.; Hughes, William, of Gray's Inn.	1687 (1687)	Wing L1104; ESTC R19612	463,091	356

appeareth upon his own shewing as it was holden in a Hampshire Case betwixt Sutton and Dowze Sutton and Dowzes Case 2 Len. 55. 3 Len. 155 164. which see Mich. 25 26 Eliz. and in that case the Lease is void for it was made within a year after the Statute of 31 H. 8. the January before and the Statute in April after for he hath not averred that the usual Rent is reserved nor that the Land was usually let to farm for which Leases otherwise made within the year are absolutely void by the said Statute But it will be objected Ante 306. 1 Cro. 707 708. Heydons Case That this matter shall come in of our part and it is sufficient for them to plead the Case but it is not so as it was lately agreed in Heydons Case in the Exchequer where the Case was That the Warden and Canons of the Colledge of Otery leased certain Lands to Heydon for years and he in pleading of his Lease did not shew that the ancient Rent was reserved and therefore naught and so was the opinion of the Iustices of the Common Pleas Lord Cromwel and All-Souls Case in the Case betwixt the Lord Cromwel and All-Souls Colledge upon the Statute of 18 Eliz. cap. 6. upon a branch of it by which it was provided that the third part of the Rent reserved upon any Lease should be paid in Corn c. and the Leases made to the contrary should be void and in an Ejectione firmae brought upon such Lease because it was not shewed in the Declaration that the Corn was reserved according to the Statute Iudgment was arrested and we need not to plead the Statute for although the Statute be particular yet because the King hath interest in it it shall be holden in Law a general Act and the Iudges shall take notice of it although it be not alledged by the party as it was ruled in the Lord Barcklays Case 4 Eliz. Plow 231. but if such Rent was reserved yet the Lease cannot be good for the King cannot have his Rent because it is not incident to the Reversion nor passeth by the Grant of the Reversion for it is not a Rent but rather a sum due by reason of contract which see 30 Ass 6. A man leaseth a Hundred rendring Rent or grants a Rent out of a Hundred the same is not a good Rent but meerly void for a Hundred is not Manorable nor can be put in view nor any Assize lieth of such Rent See 9 Ass 24. and in 20 Eliz. in the Case betwixt Corbet and Cleer 7 Co. 5. Corbet and Cleers Case the Dean and Chapter of Norwich leased a Parsonage and common of Pasture rendring Rent 1 E. 6. they surrendred their possessions to the King and afterwards the King granted the Parsonage without speaking of the common of Pasture It was holden that the Patentee of the Parsonage should have all the Rent and no apportionment should be in respect of the Common for all the Rent issueth out of the Parsonage and nothing out of the Common So here 2 Co. 48. for Tithes are not an Hereditament which cannot support a Rent within this Statute for which cause the Lease is void Also he said that the traverse of the Defendant was not well taken for the Plaintiff hath said That time out of mind c. the Abbot and his Predecessors were seised of the Rectory and Manor aforesaid simul semel and ratione inde was discharged c. at the time of the dissolution the Defendant traverseth absque hoc that the Abbot and his Predecessors held discharged of Tithes time out of mind c. which is not good for he hath traversed our conclusion for our plea is an argument wheresoever is unity time out of mind c. there is a discharge of Tithes but in the Abbot was such an Vnity ergo he held discharged of Tithes as 21 E. 3. 22. In a Praecipe quod reddat the Tenant saith that the Land in demand is parcel of the Manor of D. which is ancient Demesn and c. to which the Plaintiff saith That it is Frank-fee and the same was not good for he denies the conclusion but he ought to plead to the nature of the Manor that it is not ancient Demesn or that the Land in demand is not parcel of it Another matter was because it is pleaded fuit in tenura occupatione of Goodman and others but he did not shew by what Title Disseisin or Lease or other Title c. Buckley contrary And he said This unity of possession is not any discharge of Tithes by the said Statute and as to the Case cited before of 3 H. 7. 12. where Tenant in tail of a Rent entreth upon the Tenant of the Land now is the Rent suspended and then after when he makes a Feoffment in fee by that Feoffment the Rent is extinguished which was but suspended at the time of the Feoffment and therefore some have holden that if after such Entry he makes a Lease for life of the Land that his Rent or Seigniory is utterly gone in perpetuum for by the Livery all passeth out of him which he said cannot be Law and so it seemed to Gawdy Iustice Then upon such Feoffment with warranty he could not vouch as of Land discharged of the Rent generally but as of Land discharged at the time of the Feoffment which proves that the suspension is not a discharge for it was suspended before the Feoffment and discharged by the Feoffment and so suspension is not a discharge à fortiori in the Case of Tithes for in the case of Common and Rent although they are suspended so as they cannot be actually taken yet they are to some intent in esse As where Lands holden of other Lords are in the hands of the King for Primer seisin by reason of Prerogative and during such seisin of the King the Lord gets seisin the same is a good seisin notwithstanding that it was suspended so as he could not distrain And also in Assize of Land damages as to the Rent out of the Land shall be recouped therefore the rent in some sort is in esse and à multo fortiori this Tithe which is a thing of common Right shall be in esse but goes with the Land A Rent in esse to some purposes and suspended to other and therefore by unity of possession shall not be suspended 35 H. 6. He who hath liberty of Warren in the Lands of another entreth into the Land the Warren is not suspended nor by Feoffment of the Land is extinct and in this Case upon the matter during the unity of possession the Tithes were paid although not in specie Also the Abbot had the Tithes as Parson of B. and the Land as Abbot and therefore no suspension for the Tithes were always in esse although not taken in the manner as Tithes commonly are but by way of Retainer 22

I do Allow of the Reprinting of These Four Parts of Leonards Reports Febr. 20. 1685 / 6. EDWARD HERBERT REPORTS AND CASES OF LAW Argued and Adjudged in the Courts at Westminster In the Times of the Late QUEEN ELIZABETH AND KING JAMES In Four Parts The Second Impression carefully Corrected with the Addition of Many Thousand of References never before Printed Collected by a Learned Professor of the LAW WILLIAM LEONARD Esquire Then of the Honourable Society of GRAYS-INN Published by William Hughes of Grays-Inn Esquire With Alphabetical TABLES of the Names of the Cases and of the Matter contained in each Part. LONDON Printed by William Rawlins Samuel Roycroft and Miles Flesher Assigns of Richard and Edward Atkins Esquires For H. Twyford H. Herringman T. Basset R. Chiswell B. Griffin C. Harper T. Sawbridge J. Place and S. Keble MDCLXXXVII Academiae Cantabrigiensis Liber TO THE READER Courteous Reader THese Cases were Collected and taken in the French Tongue by William Leonard Esquire sometimes of the Honourable Society of Grays-Inn a Learned Professor and Practiser of the Common Law in the time of the Reign of the late Queen Elizabeth One Copy of some of these Cases many years past came into the hands of Sir Robert Hitcham Knight afterwards Serjeant at Law Another Copy of other of these Cases came then into the hands of Humphry Davenport Serjeant at Law afterwards Sir Humpry Davenport Knight late Lord chief Baron of the Court of Exchequer Both which said learned persons approved of them and made use of them in the course of their several Practice Some other Copies of some of these Cases are now dispersed abroad and are in the hands of divers Practisers and Students of the Law who make the like use of them The Originals themselves of all these Cases amongst many others of the said Mr. Leonards collecting all of them under his own hand-writing are now in my hands having been delivered to me by a worthy Gent. of the said Society of Grays-Inn who had them out of the Library somtimes belonging to the said Mr. Leonard These Cases having been lately truly and carefully Translated by me out of the Original French Copy into English have since the Translation thereof been perused and approved of by many Eminent Professors of the Law. Wherefore I finding that the same do contain many excellent Matters and Points of Law which have not heretofore been Printed or published do here offer the same unto thy Judgment upon a serious consideration hoping they may be of some use and benefit to thee in the like course of thy study and practice of LAW From my Study at Grays-Inn Novemb. 20th 1658. Will. Hughes The Names of the Learned Lawyers Serjeants at Law and Judges of the several Courts at Westminster who argued the cases and were Judges of the several Courts where the Cases were argued viz. A. ANderson Lord Chief Justice of the Common Pleas. Anger Altham afterwards one of the Barons of the Exchequer Atkinson Ayliffe Justice of the Kings Bench. B. BEamount Serjeant at law afterwards Judge of the Common Pleas. Bromley Lord Chancellor of England Barkley C. COok after Lord Chief Justice of the Common Pleas. Clench one of the Judges of the Kings Bench. Cooper Serjeant at Law. Clark Baron of the Exchequer D. DAniel Serjeant at Law after Judge of the Common Pleas. Drew Serjeant at Law. Dyer Lord Chief Justice of the Common Pleas. E. EGerton Solicitor of the Queen after Lord Chancellor F. FLeetwood Serjeant at Law Recorder of London Fuller Fenner Serjeant at Law after Judge of the Kings Bench. G. GAwdy Judge of the Kings Bench. Golding Serjeant at Law. Glanvile Serjeant at Law after Judge of the Common Pleas. Gent Baron of the Exchequer Godfrey H. HAughton Serjeant at Law after Judge of the Common Pleas. Hammon Serjant at Law. Harris Serjeant at Law. Heale Serjeant at Law. Hobart K. KIngsmil Judge of the Kings Bench. L. LAiton M. MEad Serjeant at Law after Judge of the Common Pleas. Morgan Manwood Lord Chief Baron of the Exchequer Mounson Justice of the Common Pleas. O. OWen Serjeant at Law after Baron of the Exchequer P. POpham Attorney General of the Queen after Lord Chief Justice of B. R. Periam Judge of the Common Pleas. Pepper Attorney of the Court of Wards Plowden Puckering the Queens Serjeant at Law. R. RHodes Judge of the Common Pleas. S. SNag Serjeant at Law. Shuit Judge of the Kings Bench. Shuttleworth Serjeant at Law. TAnfield Serjeant at law after Lord Chief Baron of the Exchequer Topham W. WRay Lord Chief Justice of the Kings Bench. Windham Judge of the Common Pleas. Walmesley Serjeant at Law after Judge of the Common Pleas. Y. YElverton Serjeant at Law after Judge of the Kings Bench. The Names of the Cases Note 1. P. stand for Principal Case 2. B. stand for a Vouched Case A. Sect. ALlington and Bails Case 34 p Albany and Bishop of Saints Asaphs Case 39 p Ashpool and Inhabitants of Everinghams Case 72 p Arden and Gents Case 75 p Arundel and Morris case 98 p Allen and Palmers case 133 p Atkinson and Rolfs case 141 p Atkins and Hales case 192 p Askew and Earl of Lincolns Case 196 p Ashegel and Dennis case 272 p Arundel and Bishop of Gloucesters case 278 p Alexander and Greshams case 306 p Askew and Fuliambs case 310 p Austin and Smiths case 441 p Lord Abergavennies case 469 p Anonimus 2 p 8 p 15 p 17 p 38 p 40 p 45 p 61 p 73 p 75 p 81 p 83 p 86 p 94 p 104 p 108 p 109 p 116 p 132 p 145 p 150 p 157 p 173 p 220 p 221 p 222 p 224 p 226 p 266 p 285 p 290 p 296 p 308 p 335 p 349 p 350 351 252 353 354 355 356 357 358 359 360 361 365 371 386 390 392 393 396 397 400 401 408 418 443 444 451. B. Bornford and Packingtons case 1 p Benicomb and Parkers case 31 p Bedows case 32 p Braybrooks case 51 p Bullers case 64 p Bishop of York and Mortons case 69 p Bunny and Wright and Staffords case 77 p Bonefant and Sir Richard Greenfields case 78 p Beverleys and Cornwallis case 84 p Bracebridge Baskarviles case 87 p Barker and Pigets case 89 p Blaunchstower and Friars case 91 p Basset and Kerns case 92 p Bret and Auders case 95 p Brook and Kings case 99 p Baldwin and Cocks case 101 p Bret and Shepherds case 114 p Baxter and Bales case 115 p Butler and Ayres case 118 p Bushies case 122 p Birds case 125 p Branchers case 139 p Bear and Underwoods case 142 p Beverley and Bawds case 148 p Beares case 154 p Bronker and Robothams case 162 p Brook and Doughties case 173 p Bilford and Foxes case 189 p Burgesses of Southamptons case 199 p Lord Buckhurst and Bishop of Winchesters case 213 p Brookesley and Wickams case 232 p Bow●y and Popes case 234 p Bedel and Moors case 238 p