Selected quad for the lemma: opinion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
opinion_n	felony_n	lie_v	woollen_a	12	3	16.1201	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45254	The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.	England and Wales. Court of Common Pleas.; Hutton, Richard, Sir, 1561?-1639.	1656 (1656)	Wing H3843; ESTC R14563	150,299	158

to the charges But to offer any particular summ is not necessary because they know not what summ is disbursed and that is to be assessed by the Commissioners And the words for the charge of the Commission is to be extended to all charges arising in suing forth the Commission and in execution and defence therof Also it was resolved that at any time before the distribution made they may come and pray to be joyned But after the four months passed and any distribution made though it be but of part then they come too late For by this means the distribution which is made and wherby some of the Creditors shall receive more shall be utterly avoided and another proportion made which was not the intent of the Statute Pasch 18 Jac. Mason versus Thompson Case AN action upon the case was brought for these words I charge thee with Felony for taking money forth from Iohn Spaci's Pocket and I will prove it Words Henden moved in Arrest of Iudgment that these words were not actionable First because that it is not any direct affirmative that he is a Felon and for that he vouched a case as he said adjudged in the Kings Bench Masters bear Witnesse that he is a Theef The second reason was because that the matter subsequent do not contains matter which must of necessity be Felony but stands indifferent For if it be not privily and secretly it is not Felony and it may be by way of sport or trespasse For as one said That he is a Theef and stole his Timber it is not actionable for it might be Timber cut or Timber growing so to say That he stole his Corn or his Apples or his Hope For in Mitiorem partem verba sunt accipienda And it seemed to the Lord Hobart that the first words viz. I charge thee with Felony are actionable for the Constable if he be there present ought to apprehend him therupon and it is a plain Affirmative I arrest thee of high Treason Iustice Winch prima facie held that the words were actionable and not qualified by the subsequent words as it should be if he had said For thou hast stoln my Apple Trees standing in my Orchard that could not be Felony but it is not so there for it may be Felony and ex causa dicendi it shall be taken Felony in these words for taking money c. Warburton and Hutton was of opinion that the Action lay not This Case was moved in Mich. 18 Jac. And then the opinion of the Court praeter Warburton qui haesitavit was that the Action did not lye Ideo memorand quod quetens nil capiat per breve Trin. 18 Jac. Hall versus Woollen JOhn Hall an Attorney of this Court Case Consideration of an As●ur●p sit brought an action upon the case against Woollen and declared that wheras the Defendant was possessed of an House and Land in Mekon Mowbray in the County of Leicester for one term of the Lease of Sir John Woodward And wheras one Webb was in communication of buying the said Lease of Woollen and Woollen could not sell it without the assent of Sir John W. The Defendant in consideration that the Plaintiff would procure licence of the said Sir John he promised to pay to him so much as he should disburse and deserve therfore And averred that he did procure a License and delivered it to the Defendant and disbursed such a summ and deserved for his labour such a summ and the Defendant upon the Count did demur And the question was whether that were a good consideration or no for it did not appear that there was any condition to restrain him from making an Assignment and if I promise that wheras I am obliged to A. if you will procure B. which is a stranger to make a Release therof to me I will pay you forty pounds though it be done at my instance no action lies for it is apparant that B. could not release the Obligation But it was adjudged that is a good consideration for it appears that there was privity between them and it may be that he had promised that he would not assign it without his licence And in good discretion it was convenient to have it also it was at his instance and for his satisfaction And it hath been adjudged if one promise forty pounds to another if he can procure the assent of the Mother of a woman though he may do it without such consent yet it is a good consideration Mich. 18 Jac. Clerk versus Wood. CLerk brought an action upon the case against one Wood Case alias Warren and count that he was seised of an house and twenty acres of land c in Thursfield and that he and all those whose Estate he hath have had a Common in seven acres in Thursfield And that he and all those c. have had one way leading through the said seven acres Ven. fac upon prescription for a way in divers Town● and from thence into one Common way leading to Buntingford and from Buntingford to Blakeley And that the Defendant had plowed and turned up the seven acres and estopped the way The Defendant pleaded not guilty and the Venire facias awarded de Tursfield And it was moved in Arrest of Iudgment by Serjeant Jones that it ought to be from all the Towns through which he claim his way for he ought to prove it in evidence viz. that he had a way or otherwise he is not endamnified But it was resolved that the tryall was good for Not guilty is properly a deniall of trespasse and disturbance and though he ought to prove title to the way yet it is sufficient if he prove title to the way by and through the seven acres upon evidence And yet if the Prescription had been traversed then he ought to prove all the way any the tryall shall be from every Town through which the way is pleaded to be extended quod vide 10 E. 4. fol. 10. where it was in two Counties and the Venire facias shall be from both and the tryall shall not be by Nisi prius vide the case between Reyner and Waterhouse supra Mich. 16 Jac. Rot. 2344. Lamb versus Thompson Debt A Condition not to be assisting to another hinders him not to bring a Writ of Error joyntly with him EDmund Lamb brought an action of Debt against Richard Thompson upon an Obligation of forty pounds the Condition whereof was If the Defendant shall not be assisting or any waies aiding unto Thomas Elme or any other person for the said Thomas Elme in any Actions Suits Vexations c. to be commenced and prosecuted against the said Plaintiff c. That then c. the Defendant pleaded Negative The Plaintiff reply that he such a day brought Trespasse against the said Thomas Elme and the now Defendant and had Iudgment and that the Defendant joyned with him in a Writ of Error in hinderance of the

Copyhold to one which is admitted Copyholder extinguisheth the Right of the Copyhold by Deed And if a Copyholder release to the Lord that extinguisheth the Copyhold although it be contrary to the nature of a Release to give a possession It was agreed here that this Copyhold is not extinct but the Lord which is Lessee for years Dominus pro tempore may grant it by Copy de novo Mich. 21 Jac. Aris versus Higgins ARis brought an action upon the case against Higgins for saying these words He is a Theef and hath stol● my Corn Case Words and made me no satisfaction And it was found for the Plaintiff and afterwards moved in Arrest of Iudgment that these words were not actionable for Verba ambigua in mitiori sensu sunt accipienda And therfore Coke lib 4. fol 19. Thou art a Theef for thou hast stoln Apples out of my Orchard or thou hast robbed my Hop gound the latter words qualifie the generality of the former Also an Innuendo will not make either the person or the matter certain Coke lib 4. fol 10. Barham did burn my Burn Innuendo a Barn with Corn not actionable and that he had not satisfaction that proves that it was for Corn growing for otherwise if it were Felony the party shall not have satisfaction But Iustice Winch was of opinion that the action lay and that the words He is a Theef he hath stoln my Corn are both actionable and not like to Robbing my Orchard or stealing my Apples in my Orchard for Apples in an Orchard are commonly upon the Trees And as to the words Thou hast made me no satisfaction these do not qualifie the former words Thou art a Theef and hast stoln a bundle of Fitches adjudged actionable Iustice Jones was of the same opinion for stealing of his Corn shall be intended of Corn severed for otherwise it is acres of Corn or Corn growing Serjeant Hobart was of opinion that the words shall be intended in mitiori sensu And we all agreed that that which qualifies or extenuates words ought to be full and not ambiguous Rud versus the Bishop of Lincoln Quare Impedit IN a Quare impedit brought by Edward Rud against the Bishop of Lincoln Lord keeper Drury and Stubbin for the Church of Dackworth upon Evidence at Bar these Points were resolved in the Court. Quare Impedit 1. When one usurps upon a Lease for years that this Usurpation gains the Fee and puts the very Patron out of possession And though by the Statute of Westminster 2. cap. 5. he in reversion after the Lease may have a Quare Impedit when the Church is void or may present and if he present and his Clerk be admitted and inducted that then he is remitted yet untill it be recovered or his Clerk be in the Usurper hath the Fee and against him lies the Writ of Right and that descends to his Heirs and his Wife shall be endowed 2. When the King present one by Laps not having any Title of Laps and a recovery is had against him in a Quare Impedit by one which had no Title If this gain the Patronage And it is clear the King had no Title to present and although he which comes in by such Laps is not Incumbent nor gains the Patronage yet he is Incumbent as to all Ecclesiasticall matters to have Offerings Tithes c. for it is only as to the rightfull Patronage no gaining of the Patronage but he may present vide Greens case Coke lib. 6. fol. 29. 3 It was resolved by the Court that when one recover in a Quare Impedit although that no Writ be awarded to the Bishop yet if upon non presentment the Bishop will admit and institute his Clerk and he is Inducted And that is good as wel as a man may enter without a Writ of Habere factas seisinam after recovery so may the Patron which hath recovered in a Quare Impedit present and that being accepted and Institution and Induction pursuing therupon it is good 4. Also whore the Issue was whether the Church was void at the time of the presentment of Palu or not and it appears that the case was that Thomas Rud after the Church was void by the death of Clement Rud and after that one Taxall was presented by Laps and Admitted Instituted and Inducted where the King had not Title the said Thomas Rud having good Title to present made a writing of presentation of the said Paul and after be it then exhibited to the Bishop or no The said Thomas Rud brought a Quare Impedit and recovered and afterwards this Presentation is exhibited to the Bishop and he admit institute and makes a Mandate for Induction which also is afterward done accordingly Now the Issue being whether the Church was void at the time of the Presentation of Pain the time of this Presentation shall now be the time of exhibiting therof after the Judgment And then as to Rud which had recovered against him the Church was then void for whensoever the Bishop had the Presentation exhibited at that time he ought by the Law to admit institute and give a Mandate for Induction the then Church is void But after the Judgment the Bishop ought to accept that and admit and institute Ergo at that time the Church was void and that is to be the time of the Presentation 5. When one having good Title to present and an Incumbent by Usurpation is admitted instituted and inducted and after that the Patron present and the Bishop refuse and after the Patron recover and then he which had this Presentation exhibite it to the Bishop this is now a good Presentation and the Patron cannot revoke or give him a new Presentation but if the Patron before the death of the Incumbent makes Letters of Presentation that is void because he had no Title to present Hil. 20 Jac. Rot. 1942. Pleydell versus Gosmoore Wilts EDmond Pleydell brought an action of Trespasse against Richard Gosmoore Trespasse Where one may fetter an Estray and William G. for the taking and chasing of a Colt and fettering of him with a Continuando as to the fettering The Defendant convey the Mannor of Sharston to Francis Earl of Hertford And that the Earl and all those whose Estates c. had the Estrayes which come within the said Mannor 〈◊〉 that the Tithing-men for the time being seised the Estrayes and proclaimed them at the next Market or Fair c. and kept them untill they be claimed or forfeited And that he was a Tithing-man and seised this Colt as an Estray and because this Colt was so feirce c. that he could not be kept in Pasture he fettered him and kept him in his Pasture within the Mannor and that for the space of two weeks and the Plaintiff having notice claimed him and had him delivered c. The Plaintiff demurred generally Attho said that he had not avorred that he continued feirce

shall be indicted shall not have Councell And the Attorney Generall was commanded to report our opinion to the King And this hapned to be demanded upon the generall inconvenience that might after ensue in the Case of the Earl of Bristoll to whom the King had allowed Councell Mich. 3 Car. MEmorand That the fifth of November at Serjeants Inne in Fleet-street there assembled the Lord Hide Lord Richardson Lord Walter Iustice Doderidge Baron Denham Iustice Hutton Iustice Jones Resolves concerning Souldiers Iustice Whitlock Iustice Harvey Iustice Crook Iustice Yelverton and Baron Trevor to consider of a Case which was propounded which was One receives Presse-money to serve the King in his Wars and is in the Kings Wages and with others is delivered to a Conductor to be brought to the Sea-side and with-draweth himself and runneth away without license The Question was if it were Felony And time being given before to advise concerning it all agreed besides Yelverton and my self that it was Felony And the sole question is if a Conductor be a Captain within the 7 H 7. cap 1. and the 3 H 8. cap 5. And they said that it is not necessary that he should be such a Captain as is to lead and command them in the War or that hath skill to instruct But such as hath the leading of them by agreement between the Deputy Lievtenants and them and that ought to provide for the Billeting of them and to carry them to the place of Randesvous And one part of a Captain is to conduct although that Conduxit be properly to hire a Souldier yet this name Conductor with whom it is so agreed by Indenture to conduct the Souldiers is a Captain within the intent of those Statutes and if it should not be so these Statutes which are for the defence of the Realm shall be of little force But it was agreed by them that if these Conductors which are so called of late times be hired to carry them but to one place and there another Conductor to receive them this is not within the Statute And it ought to be such a Conductor that can give license upon just cause to proceed It was said that they used to send Captains into the Country but then they were so chargable to the Country and full of disorder that upon complaint of the Iustices of Peace about 43 Eliz. this course was invented viz. That the Deputy Lievtenants should provide for them that were pressed for Coats and Conduct and they sent their Souldiers to a place appointed to be delivered to certain persons whom the Queen appointed to receive them And it was said that though this Case as it is propounded might be cleer yet there are many Circumstances which ought to be proved and that are loft to the discretion of them before that he should be tryed It was unanimously agreed that if one takes Presse-money and when he should be delivered over he withdraw himself that is not Felony although he is hired and retained to serve But my Brother Yelverton I were of opinion that this new name newly invented is not Captain within these penall Statutes which ought to be taken strictly vide Plowden 86. that penalties which concern life shall not be taken by equity but if they be within the words of the Statute then they shall As to kill his Mistresse is within the words for Mistresse is Master Another reason was that the Statutes provide punishment for Captains which want of their number or which pay not their Souldiers within six daies after they have received their pay upon pain of forfeiting all their Goods And the Statute did not intend other Captains in this point then was in the former and latter part therof But admitting that a Conductor is such a one to whom the Souldiers are delivered by Indenture with all Covenants usuall viz. To pay to them their Wages and to convey them to their appointed place and that he may give license to depart yet they agreed that it is the better and clearer way that they should be made Captains and so named in the Indentures for the King may change the Captain at his pleasure and then it should be no question It was agreed that 7 H 7. cap 1. extends only to them who are retained and pressed to serve the King upon the Sea or upon the Land beyond the Sea And the Statute of 3 H 8. cap 5. adds only the Land here And the Statute makes departure without license from the Captain Felony and the Statute 3 H 8. without license from the Lievtenant And the Statute of 7 H 7. makes the tryall to be in the County where they shall be taken before the Iustices of the Shire as they may try other Felonies within their Commission The Statute of 3 H 8. makes their tryall before the Iustices of the County where they are taken and this being a new Felony and made tryable against the Common Law which appoint tryals by Iurors of the County where the Fact is committed and appoint a speciall Iudge viz. Iustices of Peace that is only tryable before them and not before Commissioners of Oyer and Terminer who cannot try any thing but that which is done in the same County But this if all be not done in that County where they are taken makes it tryable only before the Iustices of Peace of the County where they are taken In this point all were not resolved but required longer-time vide 2 Inst 56. Sir Richard Champions Case A Writ of Covenant is prosecuted Jan 23. returnable Oct. Purisicat A Fine of Oct. Puris where the Caption was Feb. 14. 1. The Dedimus potestatem is tested 23 Jan the Iudge certifie the Concord takes Febr. 14. which is two daies after the Term at which time the Writ of Covenant is not depending the Fine is haec est finalis Concordia facta in Oct. Purif And after it is recorded in 15 Pasch and yet adjudged a good Fine vide the Statute of 23 Eliz. 3. Dyer 220. b. Carels Case Mich. 4 Car. Jones versus Powell JOhn Jones Plaintiff against James Powell Defendant in an action ●● on the Case for a Nusance count That the Plaintiff 10. August 1 Caroli was and is and for forty years last past hath been possessed for divers years yet during of a Messuage Nusans 1. in which he and his family did by the time aforesaid dwell And by all that time hath been Register to the Bishop of Gloc. and kept his Office there that the said Defendant the tenth day of August and ever since hath held in possession another house over against the Plaintiffs And they being so possessed the Defendant the said 10. of Aug. erected a Brew-house and a Privy in the said house and burned Sea-coles in the said Brew-house so that by the Smoke stench and unwholsome vapors coming from the said Coles and Privy the Plaintiff and his family cannot dwell in the said house