Selected quad for the lemma: master_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
master_n lord_n servant_n service_n 5,597 5 7.0128 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A87531 Pacis consultum: a directory to the publick peace: briefly describing, the antiquity, extent, practice and jurisdiction of several countrey-corporation-courts; especially, the court leet. An exact and perfect method to keep a court of survey for the setting forth and bounding of the mannors, lands, and tenements; with the articles to be therein given in charge: a work most useful: of which subject, never was any thing printed before. An abstract of the penal statutes, useful for all men to know. Also some difficult questions in law, proposed unto, and resolved / by Judge Jenkings. Jenkins, David, 1582-1663. 1657 (1657) Wing J597; Thomason E1672_2; ESTC R202614 51,715 145

There are 2 snippets containing the selected quad. | View lemmatised text

and the other acre to the other his heirs they are joynt-tenants Three Coparceners are agreed to make a partition so that the one hath a several part alloted to her in severalty and that the others shall hold in Coparcerany and for equality of partition a rent is granted and alotted out of the several part to the others in Fee they are coparcerners of the Rent A man makes a lease for life and hath issue two daughters and dieth the Lessee make waste the one of the daughters hath issue and dyeth the issue and the other bring a Writ of waste and recover and enter they are Coparceners as well of the Free-hold as of the Fee Land is given to two to have to them that is to say to the one of them in tayl and to the other in Fee he who hath a Fee deviseth the whole and dieth this not good for any part What devises of reversions or remainders of Rent be good and what not A man lets a lease for term of life and after diseised his Lessee and makes a Lease for term of life to another for term of life of the first Lessee the remainder over in Fee the first Lessee enters yet he in the remainder may devise his remainder A man makes a lease for yeares upon condition that the lessor disturb not the Lessee within the term of the Lease that the Lessee shal have Fee maketh Livery accordingly the Lessor disturbeth the Lessee for Rent where none is in arear and after he deviseth his reversion this is not good A man makes a Lease of two acres of Land reserving rent and hath issue two daughters and dieth the daughters make partition of the reversion so that the reversion with the appurtenances of one acre is allotted to one and the other to the other they severally devise the rent this is not good Land is given to two habend to the one for life and after his decease to the other in Fee he who hath the Fee deviseth his reversion this is good The husband endows his wife at the Curch-door and after is attainted of Felony and dieth the wife enters the Lord of whom the Land is holden deviseth the reversion this is not good A lease is made for life the remainder in Fee to the Wife of the deviser she surviveth and deviseth this remainder this is good An Infant makes a Lease for life the Lessee grants his estate over with Warrants the Infant at his full age bri●geth a dum fuit infra aetatem against the Grantee who avoucheth his Grantor who entreth into the warranty upon whose possession the demandant releaseth in fee al his right and is barred in the action by this release and after deviseth his reversion this is a good device A man gran's his reversion in Fee and befor attornment he grants the same reversion to the Grantee for term of life onely and the Tenant attorneth generally the Grantee deviseth this reversion this is a good device A husband makes a Lease for life to the daughter and heir apparent of his wife being covert rendring rent the wife mother dieth the husband deviseth the rent this is void A man makes a lease for life reserving rent to him and his heirs the Leassor deviseth his rent this is good but if he reserve the Rent to him and to his Assigns it is not good What gift or estate or conveyance shall be said to be made by covin or fraud and what not A m●n holdeth Land in Soccage of a common Lord and he conveys this by fraud to defrand the Lord of his relief or herriot the Lord shall not take advantage of this covin The Tenant makes an estate in Fee upon condition and takes back an estate to him for lise the remainder to his eldest son in tail and for default of such issue the remainder to the heirs of the Body of the father begotten the remainder over in Fee to the Lord of whom the Land is holden yet this is covin at the pleasure of the Lord. A man bona fide enfeoffeth two of his servants to their own use for good service done and to be done and they by covin convey divers faandulent estates to their masters which remains over c. and the master knowing of their intent rejoyneth at it yet this shall not be fraud The Tenant intending fraud enfeoffeth divers persons and putteth the Lord in trust as Attorney to make Livery and Seizin and so he doth yet the Lord shall avoid this covin The Tenant maketh a Lease for years to the Lord and after by a Fine conveyeth fraudulent Estates c. and after the Lord within the term maketh his Executor and dieth and the Execu●or entreth into the term and after the lessor dieth his Heir within age and the term continueth the Heir of the Lord shall not avoid this covin What shall be said a purchase of Lands by the husband for the Joynture of the wife and what not Land is given to three men and a feme sole one of them marries with the feme she being excommunicated one of the others releaseth to the husbandand wife and to the Heirs of the husband the husband dies the wife assents This is a good Purchase and yet the wife is not a Tenant for life I. S. being contracted marri●h another wife and after marrieth her with whom he was contracted he and his wife exchange land which he had in the right of his wife the husband dieth she agreeth to the exchange this is not a joynture A windmil is leased to a woman for years who taketh a husband he granteth the term upon condition and for the condition broken enters the lessor releaseth them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remain to the Heirs of the husband this is good c. 27. H. 8. cap. 10. A Reversion upon an estate for years is devised to the husband and wife in free marriage by the father of the husband the remainder to J. S. in fee Tenant for yeers surrendeth to the husband who dieth the wife enters this a good estate to the wife c. An upper chamber is granted without deed to A. for life the remainder for life the remainder to A in Fee A. grants his estate to him in remainder and his wife and to the●r Heirs and if they die without Heirs males of their bodies begotten that then this shall revert the husband dies the wife enters This is an estate to the wife c. Land is devised to J. S. for life the remainder to a husband in frank-marriage for c. I. S. and the deviser die the husband enters and dies the wife euters this is not an estate made c. Five acres of Land adjoyning to the Sea are devised to husband and wife haeredibus suis masculis for c. five other acres adjoyning thereunto the Sea for saketh into which the husband and
which if any be enter them in the Court-Roll and afterwards proceed to impanne● and swear the Jury for the Inquest Swear first the Fore-man by himself and then the rest by two or three at a time The Oath is usually the same in substance and not differing much in form from the Oath of the Fore-man to a grand Inquest in Assizes and Sessions and might be omitted but lest the young Tyroes might want it I will in insert the method thereof thus The form of the Oath to the Fore man of an Inquest at a Court-Leet You shall diligently enquire and true-presentment make of all such matters as shall be given you in charge the councill for the Lord Protector Commonwealth King or other Title of the supream Magistra●e as the Law commands your fellows and your own you shall well and truly keep you shall not conceal any thing for favour fear promise or affection nor present any thing for lucre hatred or malice but in all ●hings you shall present the truth the whole truth and nothing but the truth according to your evidence So help you God and by the contents of this Book The Oath of the rest may follow in this manner All such Oath as A. B. your Fore-man hath taken on his part you and every of you shall well and truly take keep and perform So help you God This being done and Proclamation made for every one to keep silence and give attention the Steward is to proceed to give the Charge which is to consist of these particulars The Charge of a Court-Leet consists of two parts one is things there to be enquired of but not punish●ble there and the other such offe●ces as are three presentable and punishable by Fine Amerciament c. Know then that to avoid needless circumstances we shall briefly tell you that a very proper comparison may be made between the disposure of a Commonwealth and a natural Body as between the Macrocosmus and the Microcosmus The Commonwealth is a Politick Body consisting of a head and members the one subservient to the other in his proper office as the members of the natural body are which maintains a mutual harmony and a flourishing condition in the whole But as the natural body is subject to infirmities so also is the Politick and must be purged the one by the Physitian the other by the Magistrate As in the natural body some diseases are mortal striking at the head thereof some cannot be cured but by Blood-letting others so malignantly Gangreous as the whole member must be cut off to preserve the sound part so in the body Politick there are some mortal diseases striking at the head as Treasons and Petty-treasons as shall now be declared some deadly wounding the members as Murders Manslaughters c. some gangrenging as Robberies F●lonios Bu●glaries and the like as follow Orderly then to escape confusion we shal declare what offences are here at this Court-Leet enquirable and presentable and not here punishable but are by the Steward to be certified to the next Assize or Sessions of the County and then what offences are here to be presented punished and determined The first of all presentable here are High-treasons and Petty-treasons which are diseases striking at the head and thereby if effected to destroy the whole body Presentment therfore is here to be made of all High and Petty Treasons which together with some other crimes incurable but by taking off the peccant member are to be set down in writing intended one part whereof is to remain with the Steward and the other with the Jury and is to be delivered to the Justices of Assize at the next general goal delivery holden for the County Stamford Pl. Coron lib. 2. cap. 24 and Lambert Justice of Peace lib. 4. cap. 6. The Jury therefore is to enquire of all High-treasons that is if any do compass imagine intend or go about to procure the death of the Lord Protector and do declare the same by word writing or any open act or shall go about to make war against the said Lord Protector and this Commonwealth or shall adhere to or hold intelligence with any of the Enemies of this Commonwealth This is High-treason If any person shall counterfeit clip file wash or otherwise counterfeit or falsifie any of the Coyn or Money of this Commonwealth or the Coyn of any other Nation which is currant in this Common-wealth this is High-treason and enquirable here If any shall counterfeit the Privy Seal Signet or Signe Manual of the Lord Protector the great Seal of England or any of the mean Seals of the Common Pleas Upper Bench or Exchequer These are High-treasons and to be enquired of here as Felonies Petty-treasons are if any man kill his Master or Mistress or a woman her husband this is to be enquired of here as Felony In the next place follows an unnatural wicked Crime to be enquired of and that is Murder If any one shall out of malice prepensed or fore-thought kill another this is wilful Murther Man-slaughter is also a species of Murder and here to be enquired of which is if two persons fall out suddenly without any prepensed malice and fight and the one kill the other the Defendant in this case shall have the book for his life but loseth his goods as in the case of Murder so shall also the Defendant lose his goods which kills another se defendendo or in his own defence and the same Law is if it be per infortunium by mis-fortune and this is here to be enquired of as Bloodshed Rape is also here to be enquired of that is if any man lie with or carnally know any woman forcibly against her will if she exceed the age of ten years although she consent afterwards this is Felony by the Statute 22 Edw. 4. And if there be any ayders or assisters therin they are also adjudged Ravishers as well as he that committed the act Carnally to know any woman child under the age of ten years though she do consent it is Felony But in Rape there must be Rem in re penetration as well as emissiô seminis otherwise it is no Felony A Jury ought to be very Carefull herein and not find a bill upon any Sluts oath Adultery is also to be enpuired of as Felony If any man carnally know anothers wife and it be proved either by confession or two witnesses it is Felony but the confession of one party is no evidence against the other nor a husband against his wife nor a wife against her husband The horrendum peccatum non nominandum of man with man or with beast is also Felony Defacing of a mans Physiognomy as cutting off his nose putting out of eyes or cutting out of a mans tongue is Felony Robbery is also here to be enquired of that is if any one take any thing from the person of another violently though it be but the value of a penny it is Felony