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according action alien allegiance ancient answer appears argument authority Bacon body brought called capite cause chancery clause commission common law continuance Council counties course court crown defendant difference doth doubt England examination executed felony feoffees four give granted ground hands hath heirs held hold inheritance intent issue John judges judgment jurisdiction justice kind king king's kingdom land lease lessee letters likewise limited lord manor marches matter mean nature never opinion otherwise parliament party pass patent peace person plea pleaded possession precedent prerogative present proceeding proof prove question realm reason record referred remainder rent rule saith shires side speak statute suit taken tenant tenure things third tion touching tree true unto VIII Wales waste whereof word marches writ
Página 403 - a crowd is not company, and faces are but a gallery of pictures, and talk but a tinkling cymbal, where there is no love,
Página 365 - breach of peace and misbehaviour; the words of their commission are conceived thus, Quorum, such and such, unum vel duos, etc. esse volumus ; and without some one or more of the quorum-, no sessions can be holden ; and for the avoiding of a superfluous number of such justices, (for through the ambition of many it
Página 63 - begot the tenure in frankalmoigne, which though in burden it is less than in socage, yet in virtue it is more than a knight's service. For we read how during the while Moses in the mount held up his hands the Hebrews prevailed in battle; as well as that when Elias prayed, rain came
Página 191 - viri ad Gideon, Dominare nostri, tu et filii tui, quoniam servasti nos de manu Madian. And so we read when it was brought unto the ears of Saul, that the people sung in the streets, Saul hath killed his thousand, and David his ten thousand of enemies, he said straightways : Quid ei superest nisi ipsum
Página 311 - memorice, yet if he had formerly confessed it before the king's council, and that it be certified that he was of good memory at the time of his examination and confession, the court may proceed to judgment without calling or arraigning the party. In treason, the death of the party before conviction dischargeth all proceedings and forfeitures.
Página 40 - 22 H. VI. f. 13., that if the termor do first cut down the tree, and then destroy the stem, the lessor shall declare upon two several wastes, and recover treble damages for them severally. But, says the book, he must bring but one writ, for he can recover the place wasted but once.
Página 49 - but wastes per accidens, as willows or thorns are in the sight of a house: but when they are once felled they are clearly matter of fuel. Another kind of authorities, that make show against us, are those that say that the lessee shall punish the lessor in trespass for taking the trees, which
Página 48 - banco, where it was ruled, that the tenant of the inheritance may make a feoffment with exception of timber trees, but that if lessee for life or years set over his estate with an exception of the trees, the exception is utterly void ; and the like resolution was in the case between Foster and
Página 204 - Anglice. In all these three, say they, it is pleaded, that the party is subject of the kingdom of England, and not of the king of England. To these books I give this answer, that they be not the pleas at large, but the words of the reporter, who speaks compendiously and
Página 56 - with tenant in tail: the answer appears in Littleton's own words, which is that the feoffee ought to go as near the condition, and as near the intent of the condition, as he may, but to come near is not to reach, neither doth Littleton undertake for that,