Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	bring_v	law_n	1,527	5	4.5368	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A84200	The exact law--giver faithfully communicating to the skilfull the firm basis and axioms of their profession. To the ignorant their antient and undoubted birthrights and inheritances. Being as a light unto all the professors of the law, as well counsellors as atturneys, clerks, soliciters, scriveners, &c. Or a manu-ductio, or a leading, as it were, by the hand, all such, both of the gentry or laity (as desire to be instructed how to gain or preserve their estates from the hands of their cruell adversaries) to the perfect knowledg of the common and statute law of this nation.		1658 (1658)	Wing E3652; Thomason E2128_1; ESTC R201913	81,570	230

some such Tenants have an Inheritance according to the custome of that Mannor yet in very deed they are but Tenants at the will of the Lord for as some men think if the Lord will expell them and put them forth they have no remedy at all but to sue unto their Lord by way of Petition desiring him to be a good and gracious Lord unto them for if they might have any remedy by the Law then should they not be called say they Tenants at the will of the Lord after the custome of the Mannor but other men of no less Learning and prudence have been of contrary judgment as Lord Brian Chief Justice in the time of King Edward the fourth whose opinion was alwayes that if such a Tenant by the custome paying his Services be ejected and put forth by his Lord without cause reasonable Action of Trespass he may very well bring and maintain an Action of Trespass against his Lord at the Common Law as appeareth Termino Hillarij An. 21. E. 4. Also Lord Danby Chief Justice likewise was of the same judgment as appeareth Termino Mich. An. 7. E. 4. where he saith That the Tenant by the custome is as well Inheritable to have his Land after the custome as is he that hath a free-hold at the Common Law but the determination of this question I remit to my great Masters which can lose the knots and ambiguities of the Law forasmuch as yet still of this matter Causidici certant adhuc sub judice lis est Also ye shall understand that the usage of some Mannor is when the Tenant will surrender his Land to the use of another that he shall take a Wand or a Rod in his hand and deliver it to the Steward of the Court and the Steward shall deliver the same Wand in name of Seisin to him that shall take the Land and such a Tenant is called Tenant by the Verge Divers other customs there be of surrendring of Copyhold Lands which here for tediousness I will omit And forasmuch as Tenants by custome of the Mannor have by the course of the Common Law no free-hold therefore they be called Tenants of base Tenure Base Tenure Also if such a Tenant letteth to farme his Copyhold Land for longer time then a twelve moneth and a day without the Lords licence it is a forfeiture of his Land to his Lord. And know ye that if this Tenant fell any Timber that groweth upon the Land but only for the reparation of the same this is Wast and a forfeiture of his Copyhold Hitherto have I treated of the first member of our division that is to wit of Chattels for as I said all Leases for terme of years and at will be accounted in the Law but as Chattels and be comprised under that name save that these be called Chattels reals whereas Kine Oxen Chattell reall and personall Horses Money Plate Corn and such like be called Chattels personals Now we will proceed to the explanation of the second member that is to say of Freeholds CHAP. VIII Of Freeholds FReeholds or Frank-tenements a man may have in sundry wise for either he is seized for terme of his own life or for terme of another mans life if he be seized for terme of his own life either he hath gotten such estate by way of Purchase or else the Law hath intituled him thereunto I call it by purchase whether he cometh unto it by his own bargaining and procurement or by the gift of his friend and I call it by the operation of intituling of the Law when a man marrieth a woman that is an inheritrix and hath issue by her Tenure by the Courtesie and she dieth now shall he have the Lands during his life by course of the Law and shall be called Tenant by the courtesie of England Likewise if a man be seized in fee-simple or fee-taile of Lands and taketh a wife and he dieth the Law giveth unto the wise the third part of her husbands Lands for terme of life Tenant in Dower and she shall be called Tenant in Dower CHAP. IX Tenant for terme of Life TEnant for terme of Life is he that holdeth Lands or Tenements for terme of his own life or for terme of anothers life howbeit the most frequent and common manner of speaking is to call him that hath an estate for terme of his own life Tenant for life and him that hath an estate for terme of anothers life Tenant for terme dauter vie that is to say Tenant for terme of anothers life Ye shall note that like as he that maketh the Lease is called the Lessour and he to whom the Lease is made is called the Lessee so he that maketh the Feoffment is called the Feoffer and he to whom the Feoffment is made the Feoffee Also if the Tenant for terme of life or Tenant for terme of another mans life doe waste Waste the Lessour or he in the reversion shall maintain very well an Action of Waste against him and shall by the same recover trebble damages Finally Ye shall understand that by an Act of Parliament made in the 27. year of our Soveraign Lord King Henry the eight it is enacted That no Freehold nor estate of Inheritance shall pass nor take effect by reason of any bargain and sale except the same be made by writing indented sealed and enrolled in one of the Kings Majesties Courts at Westminster or else within the County where the Land doth lie before the Custos Rotulorum and two Justices of Peace and the Clerk of the Peace of the same County or two of them at least of which the said Clerk shall be one and that such enrolment be made within six moneths after the date of such writing and for the enrolment of every such writing where the Land comprised therein is not above the yearly value of Fourty shillings they shall take two shillings that is Twelve pence to the Justices and Twelve pence to the Clerk and if the Land be above the yearly value of Fourty shillings then they shall take Five shillings that is Two shillings and six pence to the Justices and Two shillings and six pence to the Clerk which shall enroll and ingross sufficiently in parchment such Deed and writing and at every years end he shall deliver the same to the Custos Rotulorum of the same County to remain in his custody among other Records of the same County so that the parties resorting thither may see them provided that this extend not to any Tenements or Hereditaments lying within any City or Town Corporate wherein the Majors Records or other Officers have authority or have lawfully used to enroll any Evidences or writings within their Precinct CHAP. X. Tenant by the Courtesie TEnant by the Courtesie of England is he that hath married a Wife inherited and hath had issue by her and she is dead in this case the Law of England permitteth and

Honourable the Lord Coke and other famous Sages of our Law the very eccho of whose words are of sufficient power to engraff an honourable respect thereof in the mind of any ingenious person And that the conceited Novelists and malevilous spirits of these our times who spurn at any thing of Antiquity may be infatuated in their opinions and withdrawn from their rash and overmalepert censure of our Common Law let them consider the Reasons which induced those Worthies to their high estimation and value of our Common Laws of England For say they if the ancient Laws of this noble Island viz. England had not excelled all others it could not be but some of the several Conquerours and Governours thereof that is to say the Romans Saxons Danes or Normans but especially the Romans who as they justly may do boast of their Civil Laws would as every of them might have altered or changed the same And this also is the opinion of the Honourable Sir John Fortescue the Lord Coke and many more Yet notwithstanding these Honourable Vouchers of the Excellency of our Common Law one Zoilus or other never leaves carping at it though thereby they do but display their own ignorance and folly even as the Flie which never leaves spurning at the Candle till it burns its own wings And of such kind are those first of all who exclaim against the Law because writ in an unknown tongue when as their object shews a worthiness in it For as all humane things are excellent by their order so the Common Law of England hath some lustre by its proper and peculiar language yea and is transcendent in its order to all humane Sciences in the world When we consider that the true genuine sense and full-fraught phrase of our Common Laws of England cannot be so well exprest nor any Case in Law so succinctly sensible and withall so fully reported and demonstrated as in that speech our Ancestours first taught it to speak viz. that trinal composition and connexture of three Languages viz. English Latine and French Which reason surely saith a Reverend Judge hath not been well understood by those who object it as a fault to the professors of the Law who say They write the Books of Law in a strange Language which none can understand but themselves that thereby the people might be kept in ignorance and they the more admired and esteemed And saith Cicero in his first Book de Oratore were held of the first Professours of the Romans Civil Law Quia veteres illi qui huic scientiae praefuerunt obstinendae atque augendae potentiae suae causa per vulgari artem suam noluerunt But the weakness of this Objection doth manifestly appear in that there is such a facility in the reading and understanding of the Law French For none can deny but that it may be learnt in a week or fortnights time without a teacher So that it may boldly be said in honour of the Common Laws of England That there is no rational Science in the world having so many words and terms of Art whose Cases Arguments and Judgements are expressed and delivered in a form of speech so plain so significant and a tongue so soon learned as our Common Laws of England The alteration of which hath brought in innumerable Petifoggers and Splitters of Causes as they may well be called who by the reading of two or three Law-books in English dare take the presumption to infatuate and delude ignorant people under the notion of being cunning in carrying on of business which if they be it is meerly in the nature of the horsleech to suck them dry that imploy them and besides through their ignorance of the true sense of the Law they undo many a Cause which good Councel might have saved Secondly Our Laws are villified with the aspersion of uncertainty and unnecessary delayes in its proceedings when we all know That the Law is but a Rule of Reason and humane Reason being pliable every way not onely the knowledge of our Law but all other rational Sciences in the whole world which are subject to argument and discourse must needs be subject to uncertainty and errour Yet if we will take the honourable the Lord Coke's Testimony there is no Art or Science which dependeth upon discourse of reason so little subject to divers Interpretations as our Common Law of England and this he spake by his own experience as in the Epistle to the second part of his Reports he tels us That in all his time there was not moved in the Courts of Justice in England two Questions touching the Right of Descents or Escheats or the like fundamental points of the Common Law So certain sure and without questions are the principles and grounds thereof And furthermore it will be a confirmation of its certainty and sure principles even to admiration when we consider with what wonderfull Judgement the grounds of our Laws were laid which in so many hundred years after their establishing do still meet with and provide for almost all the Cases that can happen in a Common-wealth And herein also doth appear profound wisdome and simplicity in their establishing in that the grounds hereof are so clear and plain that whereas the Civil Law which is so highly esteemed is fain to have gloss upon gloss even to a great number for the true understanding of the Text of their Law when the Text of the Common Laws of England which hath continued so many hundred years hath had but one Commentary upon its Text viz. the Lord Coke's Commentary on Littleton which contains the principal grounds of our Common Laws So that it plainly appears That the Judgement and Reason of the Common Law of England is more certain then any humane Laws in the world besides And for Delayes though the Law and Lawyer chiefly be blamed yet the main cause of Delayes arise from the stomackfulness and perversness of Clyents who are of that contentious disposition that they will spend all that ever they are worth so they may have their wils and through their own refractoriness and perverse humours will reverse Judgment after Judgement and Decree after Decree standing by their good wils to nothing which the Law awards And indeed there be too many of these melevolous spirits who cannot be content to undo themselves but will strive also to ruine others and not only so but will strive also to ruine others and not onely so but strive to defame the learned and honest Council because the Cause went against them when as it is the uprightness of the Law which distinguisheth right from wrong And furthermore our legal proceedings are so contrary to the common conceived opinion that almost any cause in the Common Law being orderly pursued may come to a period in a year whereas in France as Bedin testifieth the like will scarcely be in thirty years And lastly for the malediction of all frivilous Objections and in honour of our

The Exact Law-giver Faithfully Communicating To the skilfull The firm Basis and Axioms of their Profession To the ignorant Their Antient and undoubted Birthrights and Inheritances Being as a Light unto all the Professors of the Law as well Counsellors as Atturneys Clerks Soliciters Scriveners c. OR A MANV-DVCTIO Or a Leading as it were by the hand all such both of the Gentry or Laity as desire to be Instructed how to gain or preserve their Estates from the hands of their cruell Adversaries to the Perfect Knowledg of the Common and Statute Law of this Nation Cicero lib. 1. de Leg. Ratio cum est in mente hominis confirmata conferta lex est lex est radius divini luminis LONDON Printed for Thomas Bassett in St Dunstans Church-yard in Fleet-street 1658. To the READER THis Book being an Antient Manuscript coming to my hands which through my own small skill in the Law perceiving it to be an Ingenious thing yet desiring to bring it to the Test I do assure you the grave Judgment of such as were profound in the Knowledg of the Law with me not only approved of it but highly Commended it for an Ellaborate and Learned Treatise adjudging it a thing worthy to be Published for the good of the whole Nation These lively Characters of the goodness of the Book agreeing with and as wonderfully relishing with my Genious being very ambitious to do something that might manifest to my self the filial love I bear unto my Country I resolved to publish it but incognito esteeming him the Charitablest man that dispenceth his Larges freely but privately Another Reason that I do not attest it with my Name is because I am no waies greedy of the worlds applaus adjuding it as little worth And if it be objected why I do not set my Friends Name to it whose Script it was I make this my Answer and Apology That I am not of their minds who to get themselves or their Friends a great applaus with the common people matter not what wiles or crafts they use so that they can any wise bring their device about But of the contrary Opinion am I detesting such absurdities who as I must say the truth do acknowledg that I am not throughly convinced in my mind that my Friend in whose Library I found this Script did make or Compose it and therefore I would not presume to affix his Name to any thing that should not be absolutely his and the smallness of the thing besides would have raised a Quaere fi I should have had such a thought Howbeit being carried with a great desire of hearing Commendations of the thing and thereby to be greatly delighted imagining the Praises of it to be the just Deserts of my worthy Friend and supposed Author I was necessitated as it were what by my own desire to do my Country good and what by the great Commendations severall Eminent Practisers of our Law gave of it to cause it to be put in print which being done I represent it to the open View of all men wishing them Candidly to peruse it not doubting but they will find it answer their desires to their great Use and Benefit But knowing on the other side that many wil be apt to spurn if they find the least Iota wanting I wish them to remember Nemo nascitur sine crimine I crave the favourable Construction of all ingenious Persons and for the Malevilous and Caterpillers of our Age which will not be content with any thing I leave as I find Vale. THE CONTENTS CHAP. I. OF the Antiquity Excellency and Perfection of the Common Laws of England page 1. CHAP. II. Of the Professors of the Law p. 9. CHAP. III. The Definition of Law p. 12. CHAP. IV. A Division of Estates p. 14. CHAP. V. Tenant for Term of Years p. 15. CHAP. VI. Tenant at Will p. 17. CHAP. VII Tenant by Copy of Court-Roll ibid. CHAP. VIII Of Freeholds p. 24. CHAP. IX Tenant for Term of Life p. 26. CHAP. X. Tenant by the Courtesie p. 28. CHAP. XI Of Tenant in Dower p. 31. CHAP. XII A Division of Inheritance p. 38. CHAP. XIII Of Fee-simple p. 39. CHAP. XIV Of Fee-tayle p. 47. CHAP. XV. Tenant after possibility of Issue Extinct p. 52. CHAP. XVI Of Perceners or other Coheirs p. 54. CHAP. XVII Of Joyn-tenants p. 60. CHAP. XVIII Tenants in Common p. 70. CHAP. XIX Of Chattels p. 84. CHAP. XX. Of Partition to be made by Joyntenants and Tenants in Common p. 87. CHAP. XXI Of Conditions p. 89. CHAP. XXII How strangers shall take advantage of Conditions p. 96. CHAP. XXIII Livery of Seisin and Atturnment p. 98. CHAP. XXIV Of Service p. 104. CHAP. XXV Knight Service p. 105. CHAP. XXVI Of Ward Marriage and Relief p. 111. CHAP. XXVII Service of Castle-Guard p. 117. CHAP. XXVIII Of Grand Sergeanty p. 118. CHAP. XXIX Petty-Sergeanty p. 121. CHAP. XXX Homage Ancestrell p. 122. CHAP. XXXI Of Liveries p. 125. CHAP. XXXII How Heirs ought to sue their Livery p. 126. CHAP. XXXIII Soccage p. 134. CHAP. XXXIV Frank Almoign p. 136. CHAP. XXXV Of Burgage p. 140. CHAP. XXXVI Of Villenage or Bond-Service p. 142. CHAP. XXXVII Of Antiet Demesne p. 148. CHAP. XXXVIII Of Rents p. 151. CHAP. XXXIX What remedy a man hath to recover his Rent when it is behind p. 160. CHAP. XL. How Avowries ought to be made of Rents and Services p. 165. CHAP. XLI For the assurance of Farmers p. 166. CHAP. XLII Of fulfilling of Recoveries by Farmers p. 169. CHAP. XLIII Of Tithes and how they shall be recovered p. 171. CHAP. XLIV Of Mortuaries p. 173. CHAP. XLV Of discontinuance 175. CHAP. XLVI How Recoveries by collusion against Tenants for terne of life is no discontinuance p. 179. CHAP. XLVII How wrongfull diseisin is no descent in the Law p. 181. CHAP. XLVIII Of limitation of prescription p. 182. CHAP. XLIX Of Fines p. 184. CHAP. L. Of Testaments or Last-Wills p. 187. CHAP. LI. The difference between Executors and Administrators p. 189. CHAP. LII For probate of Testaments p. 203. CHAP. LIII How Lands and Tenements may be by Testament or otherwise disposed of Enacted An. 32. H. 8. p. 206 CHAP. LIV. Matrimony and Marriage p. 212. CHAP. LV. Of Vouchèr p. 213. CHAP. LVI Voucher and Counter-Plea of Voucher p. 214. CHAP. LVII Of Warranty p. 220. The Exact Law-giver CHAP. I. Of the Antiquity Excellency and Perfection of the Common-Laws of England THere is no Jewel in the world comparable to Learning The Excellency of the Common Law of England no Learning so excellent both for Prince and Subject as the knowledge of Laws and no knowledge of any humane Laws so necessary as of those under which we are subject And if we respect the goodness of Law in general we shall find none so necessary for all Estates and for all Cases concerning Goods Lands or Life as the Common Laws of England And such is the judgement of the

the Lord maketh a Feoffment to his Villain and maketh unto him Livery of seisin this also is an Enfranchisement and secret Manumission Briefly to speak wheresoever the Lord compelleth his Villain by the course of the Law Causes of Infranchisem to do that thing that he might otherwise enforce him to do or to suffer without the authority and compulsion of the Law he doth by implication Enfranchise his Villain as if the Lord will bring against his Villain an action of debt an action of account of Covenant or of trespass These and such like be in the eye of the Law Enfranchisments and Manumissions because that the Lord in all these cases may have the effect and purpose of his sute that is to say the Goods Chattels and correction of his bondman without the compulsion of that Law even by his own proper power and authority which he hath upon his Villain But if the Lord doth sue his Villain by an appea of Felony the Villain being lawfully indicted of the same before this is no tacite Manumission or Enfranchisement For the Lord though he have power to beat his Villain and to spoyl him of his goods yet he cannot by the Law of this Realm put him to death Ye shall also understand that if a mans bondman purchase Lands or acquit and get unto him any other thing the Lord may forthwith enter and seize the same into his own hands Wherefore if the Lord will bring against his Villain a Praecipe quod reddat by which he demandeth against his Villain any Lands or Tenements this implieth an Enfranchisement for as much as he bindeth himself to the Prescript and Authority of the Law whereas he might use his own Authority by entring and seizing the said Lands Finally Ye shall mark that some Villains be called Villains in gross and other some be called Villains regardant In gross be they of which the Lord is severally seized and not by reason of any Lordship or Mannour but they be called regardant which do belong to a Mannour of which the Lord is seized And the said Villaines have been regardant that is to say exspectant and attendant time out of mind to the Lord of the said Mannour in doing unto him such services as to a Villain appertaineth CHAP. XXXVII Of antient Demesne THere is also a certain kind of Tenure which is called antient Demesne and these Tenants which hold by their service be Fee-holders and by Charter and not by Copy or Court-Roll or by the Verge after the Custom of the Mannour at the will of the Lord And these Tenants be such as hold of those Mannours which were S. Edwards the King or which were in the hands of King William the Conqueror and these Mannours be called the antient Demesnes of the King or the antient Demesnes of the Crown of England And to such Tenants which hold of such Mannours be many and divers Liberties given and granted by the Law as to be quit of tolé and passage and such like Impositions which be demanded of men for their Goods and Chattels sould or bought in Faires and Markets by them also to be quit and free of Tax and Tollage granted by Parliament except that the Kings Majesty do Tax antient Demesne as to him only appertaineth when he thinketh good for great and urgent Considerations Tenants also of antient Demesne ought to be quit of payments to the Expences and Charges of the Knights which came to the Parliament Also they ought not to be impannelled nor put in Juries and Enquests in the County out of their Mannours or Seigniory of antient Demesne for the Lands which they hold of such Mannour unless they have other Lands at the Common Law for which they ought to be charged And if such Tenants or any of them which hold of the Mannour of antient Demesne bedistreined to do unto their Lord other Services or Customes then they or their Ancesters have used to do Writ of Monstraverunt then may they sue a certain Writ called a Monstraverunt directed to the Lord commanding him that he distrein them not for to do other service or Customes then they have been accustomed to do And for further knowledg hereof you shall understand that in the Exchequer there is a Book called Dooms-day which Book was made in the time of the said S. Edward and all the Lands that were in the Seisin and in the hands of the said S. Edward at the time of the making of the said Book by antient Demeane But the Lands which then were in other mens hands Frank-fee though they be written in the said Book be frank Fee and no antient Demesne Finally It is to be noted that Tenants of antient Demesne shall not be impleaded for their said Lands out of the Mannour whereof they so hold and if they be Abatement of Writ they may shew the matter and abate the Writ But if they once Answer to the Writ and Judgment given then the Lands have lost the nature and benefit of antient Demesne and are become frank Fee that is to say Pleadable at the Common Law for evermore And thus have we spoken of the Diversity of Tenures CHAP. XXXVIII Of Rents FOr as much as upon every Tenure there is commonly reserved one Rent or other therefore I think it good somewhat to treat of Rents but ye must understand that there be sundry sorts of Rents There is one kind of Rent which is called Rent-service Division of Rent-service another which is called Charge and the third which is named in French Rent Secke that is to say in Latine Redditus siccus a drie Rent Now Rent-service is so called because it is knit to the Tenure and is as it were a service whereby a man holdeth his Lands or Tenements or at the least way when the Rents be unseverably coupled and knit with the service As for an example where the Tenant holdeth his Land of the King or of any other Lord by Fealty and by certain Rent or by any other sorts of services and by certain Rent this Rent is called Rent-service Distress of common right And here ye shall note That if this Rent-service be at any time when it ought to be paid behind and unpaid the Lord of whom the Land or Tenement is so holden whether it be in fee-simple fee-tayl for term of life for years or at will may of common right enter and distrein for the Rent though there be no mention at all nor cause of distress put in the Deed or Lease I said before that the Nature of this Rent-service is to be coupled and knit to the Tenure For where no Tenure is there can be no Rent-service And therefore if at this day I be seized of Lands of Fee-simple and make a Deed of Feoffment of the same to another in Fee-simple reserving by the same Deed a Rent this can be called no Rent-service because there can be now no Tenure between