Literary and professional worksHurd and Houghton, 1864 |
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Page 48
... defendants , 28 Eliz . rot . 820 . Sanders . 5 Co. 12 . Foster and Spencer's case . Now come we to the authorities which have an ap- pearance to be against us , which are not many , and they be easily answered , not by distinguishing ...
... defendants , 28 Eliz . rot . 820 . Sanders . 5 Co. 12 . Foster and Spencer's case . Now come we to the authorities which have an ap- pearance to be against us , which are not many , and they be easily answered , not by distinguishing ...
Page 158
... defendants . For though it be true that some of the judges in that majority did point out that the particular limita- tions in Chudleigh's settlement were such as might exist at Common Law , and that in such cases they would have been ...
... defendants . For though it be true that some of the judges in that majority did point out that the particular limita- tions in Chudleigh's settlement were such as might exist at Common Law , and that in such cases they would have been ...
Page 159
... defendant claims . Streightly died without issue ; John Chidley enters and grants a lease to the plaintiff , on whom the defendant reenters ; and the plaintiff brings trespass . And so the title is between the assignee of Christo- pher ...
... defendant claims . Streightly died without issue ; John Chidley enters and grants a lease to the plaintiff , on whom the defendant reenters ; and the plaintiff brings trespass . And so the title is between the assignee of Christo- pher ...
Page 251
... 6 . 2 It is difficult and not material to make out the exact facts and dates . It is said that two Patents were recited in the Writ de non procedendo ; the date of the Bedchamber , procured the appointment of the defendant.
... 6 . 2 It is difficult and not material to make out the exact facts and dates . It is said that two Patents were recited in the Writ de non procedendo ; the date of the Bedchamber , procured the appointment of the defendant.
Page 252
... defendant , and I suppose the two Patents may somehow have reference to the two names . 1 Sir John in the Reports , Esquire in the S. P. O. 2 Burke's Extinct Baronetages , the only authority which I could light upon after some search ...
... defendant , and I suppose the two Patents may somehow have reference to the two names . 1 Sir John in the Reports , Esquire in the S. P. O. 2 Burke's Extinct Baronetages , the only authority which I could light upon after some search ...
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Common terms and phrases
act of parliament alien allegiance ancient answer argument assise authority Bacon brought cause chancery Charter clause commission common law constable Council counties court crown decree divers doubt Duchy Eliz escheats executed fee simple felony feoffees feoffment four shires granted heirs inheritance intent judges judgment jurisdiction justice justices of peace king hath King's Bench king's title kingdom knight-service land law of England lease lessee lessor letters patents likewise lord lord chancellor Lord Eure lordships marchers manor matter misprision of treason nature opinion oyer and terminer party patent peace person petition plainly plaintiff plea pleaded prerogative procedendo proceeding question quod realm reason rege inconsulto regis rent saith Scotland seigniory seised shew statute of 34 suit tenant tenure things tion tree unto VIII void Wales waste wherein whereof whereupon word marches writ
Popular passages
Page 419 - But little do men perceive what solitude is, and how far it extendeth. For a crowd is not company, and faces are but a gallery of pictures, and talk but a tinkling cymbal, where there is no love.
Page 15 - England," it is declared and enacted, that no freeman may be taken or imprisoned or be disseised of his freehold or liberties, or his free...
Page 354 - No decree bindeth any that cometh in " bona fide," by conveyance from the defendant before the bill exhibited, and is made no party, neither by bill nor the order ; but where he . comes in "pendente lite," and while the suit is in full prosecution, and without any color of allowance or privity of the court, there regularly the decree bindeth...
Page 365 - The defendant is not to be examined upon interrogatories, except it be in very special cases, by express order of the court, to sift out some fraud or practice pregnantly appearing to the court, or otherwise upon offer of the plaintiff to be concluded by the answer of the defendant without any liberty to disprove such answer, or to impeach him after a perjury. 71. Decrees in other courts may be read upon hearing without the warrant of any special order: but no depositions taken in any other court...
Page 352 - But if any act be decreed to be done which extinguisheth the parties' right at the common law, as making of assurance or release, acknowledging satisfaction, cancelling of bonds, or evidences, and the like ; those parts of the decree are to be spared until the bill of review be determined ; but such sparing is to be warranted by public order made in court. 5. No bill of review shall be put in, except the party that prefers it enter into recognisance with sureties for satisfying of costs and damages...
Page 95 - PREFACE. THESE arguments were delivered in the course of a contest of some historical interest, which was carried on, in the Courts, in Parliament, and out of doors, through the greater part of James's reign, and indeed earlier. The dispute, in its legal aspect, is closely connected with large constitutional questions, which then occupied the minds of men ; and the discontent which sustained it may, perhaps, be deemed as much a symptom of the general ferment which was everywhere souring the relations...
Page 369 - ne exeat regnum" are properly to be granted according to the suggestion of the writ, in respect of attempts prejudicial to the king and state, in which case the lord chancellor will grant them upon prayer of any of the principal secretaries without cause showing, or upon such information as his lordship shall think of weight: but otherwise also they may be granted, according to the practice of long time used, in case of interlopers in trade, great bankrupts, in whose estate many subjects are interested,...
Page 351 - ORDINANCES MADE BY THE LORD CHANCELLOR BACON, FOR THE BETTER AND MORE REGULAR ADMINISTRATION OF JUSTICE IN THE CHANCERY, TO BE DAILY OBSERVED, SAVING THE PREROGATIVE OF THE COURT.
Page 263 - Anderson and the rest of the court stopped that allegation, and said, just as I say now, that to obey this writ is not to delay justice to the subject, but to do justice to the king, and to draw justice to the right way ; even as, should I stay and stop the water of the Thames or of a river from going into a by-let or creek, to make it run the better in the right channel, this were no stopping the stream, but guiding it ; and I tell you plainly...
Page 369 - Cane, shall be brought into the chapel of the rolls, within convenient time after the return thereof, and shall be there filed upon their proper files and bundles as they ought to be ; except the depositions of witnesses, which may remain with any of the six clerks by the space of one year next after the cause shall be determined by decree or otherwise be dismissed. 91. All injunctions shall be enrolled, or the transcript filed ; to the end that if occasion be, the court may take order to award writs...