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england_n	john_n	lord_n	sir_n	20,088	5	6.7459	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55452	Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.	Popham, John, Sir, 1531?-1607.; England and Wales. Court of King's Bench.; England and Wales. Court of Star Chamber.	1656 (1656)	Wing P2942; ESTC R22432	293,829	228

REPORTS AND CASES COLLECTED BY THE LEARNED SIR JOHN POPHAM KNIGHT Late LORD CHIEF-JUSTICE OF ENGLAND Written with his own hand in French and novv faithfully Translated into English To which are added some Remarkable CASES Reported by other Learned Pens since his death With an Alphabeticall Table wherein may be found the Principall Matters contained in this Booke LONDON Printed by Tho Roycroft for John Place and are to be sold at his Shop at Furnivals Inne Gate in Holborn 1656. TO THE READER Courteous Reader ALbeit the name of the Compiler of the greatest part of the ensuing REPORTS for Denominatio fit a parte majori meliori would be a sufficient invitation to any understanding Reader not only to cast his Eye upon but seriously to peruse them yet because these two Questions may and no doubt will and that upon good ground be made as 1. Why they should lye so long in private hands vvithout being exposed to the publique vievv 2. Why they should be now Printed To the first I answer That by the handsome composure and connexion of them it may and that very probably be conjectured that the honourable Compiler at first intended them for the publique but they after his death comming into private hands they who became possessors of them did rather intend their owne and their friends private knowledge and advantage by them then to let others communicate therein for it hath not formerly been neither yet is a thing unusuall for the great and learned Professors of the Law to ingrosse into their owne hands the best and most authentick REPORTS for their better help credit and advantage in the course of their practise which being unknown to other men they cannot upon sudden occasions be ready to make answer thereunto and that might be the reason why they have not been as yet published To the second I answer that the Copy out of which this Translation was made comming out of the Library of a reverend and Learned Sergeant at Law now deceased and said therin to be written with the proper hand-writing of the Lord POPHAM a good ground to conceive that it was Authentick the Gentleman in whose hands it was was earnestly importuned for the Copy that so it might be made publique to whose importunity there was at last a cond●ssention so as such due care might be taken both in the Translation and Printing as not to prejudice the Author or the matter therein contained And whether that condition be fully performed shall be now left to the candid interpretation of the judicious Reader who cannot but know that some Errata's let the Printer or Correcter be never so carefull will follow the Presse but it is hoped that nothing materiall or substantiall is committed or omitted to the prejudice of the Work or of the Compiler thereof There is an addition of some later Cases in the time of King JAMES and the late King CHARLES which were taken by judicious Pens as will evidently appear by the Cases themselves and I dare say that whoever reads them will neither think his Time or Money mispent they being such as are well digested and very practicall I shall adde this one thing more that the principall end of this Edition is the advancement of knovvledge and to impart the good thereof to those who heretofore vvanted vvhat is hereby made publick vvhich may peradventure be a means to invite others more learned to publish other things of the like nature for the benefit of Students and Professors of the Lavv. THE NAMES OF THE PRINCIPALL CASES and other CASES vouched in this BOOKE P. Stands for Principall Case B. Stands for Avouched Case A   fol. ARton and Hares case 97p Arthur Johnsons case 106p Austins case 183b Arnold and Dichtons case 183p Austen and Monks case 186p Aud●ey and Joices case 176b Abbingtons case 196b Arrunstels case 201b B LOrd Burleighs case 26b Bullock and Diblers case 38p Burtons and Wrightmans case 56p Baynes case 84p Butler and Bakers case 87p Burtons case 100p Baskervill and Brooks case 132p Brett and Cumberlands case 136p Bennet and Westbechs case 137p Sir Baptist Hixe case 130p Bernard and Beales case 146p Brabin and Tradurus case 140p Blaxton and Heaths case 145p Sir John Bingleys case 147p Bowyer and Rivets case 153p Bowry and Wallingtons case 159p Block and Harris case 168b Brole and Michels case 173b Bidles case 179b Sir William Burtons case 180p Beven and Cowlings case 183p Barker and Ringroses case 184p Buffeild and Byburos case 188p Brokesbyes case 189b Brookes case 125p Sir Robert Browne and Sir Robert Strowds case 198p Bell and Stranguryes case 203b Bagnols case 206p C CRocker and Dormars case 22p Caesar and Curtines case 35p Callard and Callards case 47p Cawdry and Attons case 59p Case of Armes 1●1p Cowper and Smiths case 128p Lord Chandos and Scullers case 145b Constable and Cloberys case 161p Challoner and Mores case 167b Chamberlains case 185b Calf and Neiols case 185p Cadmor and Hildersons case 186b Chambers case 202p Crab and Tookers case 204p Caryes case 207p D DAcres and Culpeppers case 19b Davies and Gardiners case 36p Dillon and Fraines case 70p Dabridgcourts case 85b Dickenson and Greenhows case 156p Day and Drakes case 170b Dabborn and Martins case 177p Drope and Theyars case 178p Dickar and Molands case 200p Desmond and Johnsons case 201b E EArl of Bedfords case against Russell 3p Sir Francis Englesfields case 18p Edwards and Halinders case 46p Earl of Shrewsbury and Sir Tho. Stanhops case 66p Eton and Monnys case 98p Everets case 107p Earl of Pembroke against Sir Henry Barkley 116p Earl of Shrewsburys case 132p Earl of Northumberland and Dewels case 141p Empson and Bathirsts case 176b F FEnner and Fishers case 1p Sir Moile Finches case 2●p Forth and Halboroughs case 39p Finch and Riseleys case 53p Sir Moile Finch and Frogmortons case 53b Fulwood and Wards case 86p Fennors case 109p Fulcher and Griffins case 140p Foster and Taylors case 196p G GIbbons and Maltyards case 6p Gravener and Brookes case 32p Geilles and Rigewayes case 41p Greenhingham Heydons case 98p Goodale and Wyats case 99p Glover and Humbles case 120b Gouldwels case 131p Godfrey and Owens case 148p Gilbert and Hoptons case 152p Gores case 173b Goodwin and Willoughbys case 177p Giffords case 186b Goldsmith and Goodwyns case 186b Sir Henry Gemhams case 144p Goods case 211p H HUnt Gotelers case 5p Hayes Allens case 13p Haycock Warnfords case 24p Hughes Robothams case 30p Humble and Olivers case 55p Hal● Pearts case 60p Harry and Farceys case 61p Sir Rowland Heywards case 95p Herbin Chards case 96p Hall Arrowsmiths case 105p Holme Gees case 112p Havengate Hares case 126. 147p Harlo Wards case 127b Hare Brickleys case 128b Hide and Whistlers case 146p Hodges and Mores case 164p Hemdon and Crowches case 167b Holcome and Evans case 169b Hobs and Tadcasters case 186b Hord Paramours case 201b Higgs case 201b

Harrison Erringtons case 202p Hebborns case 206p I JEne and Chesters case 151p Jenning● Mayst●●● case 102b Jorden Ayliffs case 168b Jenkin and Vivians case 201p K. Kettle and Masons Case 50p King and Berys Case 57p Kellies Case 104p Kirton and Hoxtons case 115p The King and Brigs case 150p Kebles case 18●b Knights case 187b King Merricks case 2o L Lee and Browns case 128p Lewes and Jeofferies case 153p Lemasons and Dicksons case 189p Laurking and Wylds case 126p Leechford and Saunders case 194b Liverel and Rivets case 206b Lathams case 210b M MIchels case 8b Morgans case 52p Morgan and Tadcastles case 55p Montague and Jeofferies case 108p Mounson and Wests case 110p May and Kets case 129p Middletons case 131p May and Samuels case 134p Mingies case 135p Sir Arthur Mannarings case 145p Morley and Sir Richard Molineuxs case 1●5p Millen and Fandries case 161p March and Fandries case 161p March and Newmans case 163p Mayor of Maidstons case 180p Mills and Parsons case 199b O OAks and the Lord Sturtonrs case 65b Overton and Sydalls case 120p Old and Estgreens case 160b Owen Wards case 187b P PIgots case 94p Porramor and Veralds case 101p Pollard and Lutterells case 108p Sir John Pools case 128p Powels case 139p Pack and Metholds case 160p Probe and Maynes case 192b Petit and Robinsons case 203p Ployden and Symes case 205p R ROper and Ropers case 106b Robinson Walkers case 127p Rawlinson and Greens case 127p Rones case 133p Richardson and Cabells case 142p Sir George Reynalds case 165p Ryman and Bickleys case 129p Reynor and Hallets case 187p Rochester and Rickhouse case 203p Rosse and Harvies case 206b Risley and Hains case 209p S STocks case 37p Smiths case 53p Southwell and Wards case 91p Sawyer and Hardies case 99p Stainings case 102p Scot and Mainys case 109p Strowd and Wyllis case 114p Southern and Howes case 143p Silvesters case 148p Stone and Withipoles case 152p Sary and Pigots case 166p Sharp and Rasts case 181p Snaggs case 187b Sherry and Richardsons case 15p Smithers case 169b Scheverel Dales case 193p Sanders Meritors case 200p Staple Kings case 206b Savile Wortleys case 207p Sparman Sherwoods case 222p T THompson Traffords case 8p Taunton Raries case 106p Tailours case 133p Thurman Coopers case 188p Talbot and Sir Walters Lacens case 146p Turner and Dennis case 169 V VAughans case 134p W WOod and Downings case 10p Webly and Skinners case 85p Wood and Matthews case 102p Westcot and Cottons case 130p Wrenhams case 135p Wootton and Byes case 136p Wards case 144p Webb and Paternosters case 151p Westermans case 151p Wales case 160p Welden and B●sies case   Wicks case 186b Williams and Vaughans case 186b Willers case 197b Whelhorseys case 208p Woodroof and Vaughans case 210q CASES Reported by S R. JOHN POPHAM Knight Lord chief Justice of ENGLAND In the time of Queen ELIZABETH and written with his own hand in French and now faithfully done into English to which are added some remarkable CASES Reported by other Learned and Judicious Pens since his death Fenner versus Fisher Mich. 34. and 35. Eliz. Reginae in the Kings Bench IN Trespasse brought by Iustice Fenner against Andrew Fisher for a Trespasse done in the Parsonage house of Cravfords in the County of Kent 30. Maij 34. of the Queen the Defendant pleaded that one 〈…〉 was seised of the same Messuage in his Demesne as of see and being so seised the 〈…〉 day of in the same year did demise it to the Defendant for two years from such a Feast then last past by virtue of which he entred and was possessed untill the Plaintiff claiming by colour of a Deed made of the sayd Wrigh● where nothing passed by the Deed upon which the Defendant entred c. The Plaintiff replies by protestation that the sayd Wrigh● was not seised as the Defendant hath alledged And for Plea saith that the sayd Wright did not let it to the Defendant as the Defendant hath alledged upon which being at Issue and found for the Plaintif Ackinson moved that Iudgment ought not to be given for the plaintiff because that he hath not made any Title by his Replication for by 9 E. 4. 49. In Trespasse the Defendant pleads in Bar and gives colour to the Plaintiff it is taken for a Rule that the Plaintiff ought to make Title Cook answered that he needs not to make Title in this case but that it sufficeth to traverse the Bar without making a Title and sayd that in 22 E. 4. Fitzh Trespass It is adjudged that in Trespasse the Plaintiff may traverse the Bar without making Title in his Replication and here in as much as it is acknowledged by the Defendant that Wright did demise it to the Plaintiff and that this is a Lease ta will at the least not defeated by his own shewing but by the Lease made to Defendant this being traversed and found against the Defendant The Plaintiff by the acknowledgment of the Defendant himself hath a good Title against him to enter into the Land and by it the Defendant by his Re-entry is become Trespass●● to the Plaintiff and he sayd that in 2 E. 4. fol. In Trespasse where the Defendant pleads that he let the Land to the Plaintiff for another mans life and that he for whose life it was was dead upon which he entred and it is adjudged that it sufficeth for the Plaintiff to maintain that Cestuy vie was yet living without making any other Title And yet these reasons Cleoch and Gawdy held the Replication good to which Popham sayd that we as Iustices ought not to adjudge for the Plaintif where a good formall bar is pleaded as here it is But wherby the Record it self which is before us we cannot see that the Plaintiff hath good cause of Action And therefore I agree that in Trespasse in some cases the Plaintiff may traverse the Bar or part of it without making any other Title then that which is acknowledged to the Plaintiff by the Bar but this alwaies ought to be where a Title is acknowledged to the Plaintiff by the Bar and by another means destroy by the same Bar for there it sufficeth the Plaintiff to traverse that part of the Bar which goeth to the destruction of the Title of the Plaintiff comprised in the Bar without making any other Title but if hee will traverse any other part of the Bar he cannot do it without making an especiall Title to himself in his Replication where by the Bar the first possession appeareth to be in the Defendant because that although the Traverse there be found for the Plaintiff yet notwithstanding by the Record in such a Case the first Possessions will yet appear to be in the Defendant which sufficeth to maintain his Regresse upon the Plaintiff and therefore the Court hath no matter before them in such a Case to adjudge for the Plaintiff unlesse in cases

as a memorandum and afterwards there is an order that the Iudgement shall not be filed if the Iudgement upon this shall be stayd and speaks to it and by him the Case of 15. E. 4. 7. is nothing to this purpose for Iustices in Eyre were Iustices by commission and they had not the custody of their Records and so it differs from this case And Jones Justice which was not denyed if a Iudgement be pronounced here and be not entered the Iudges may alter it the next Term. It was said by Noy in this case that all Franchises in England are against common Right and execution of Iustice and for the present purpose he cited one Sir John Wells Case where in a Quo Warranto the Defendant had day to plead or otherwise that judgement should be entered to seise and he failed to plead at the day and the Iudgement was not filed and yet he could not be relieved But it was sayd by some of the Iustices that this was a case of great extremity But by Hendon it was affirmed in the Exchequer in one Sandersons Case and in the principall case the matter was adjourned for a fortnight and ordered that the plea should be accorded Mich. Term 2. Car. in the Kings Bench. Sharp versus Rust IN an Action upon the Case upon an Assumpsit between Sharp Plaintiff and Walter Rust Defendant upon non-Assumpsit pleaded it was found for the Plaintiff and it was moved in arrest of judgement upon these words in the Declaration the Defendant being Father to the Plaintiffs Wife for whom the Apparrel was bought said to the Plaintiff deliver the Apparrel to my Daughter and I will pay for them and saith not to whom the payment shall be made And it was argued by Woobrich of Grayes-Inne that this is no sufficient cause to stay the Iudgement for by necessary implication and reference of the words precedent the certainty of the pers on appeareth to whom the payment ought to be made And he observed that in our Law the time the estate the thing and the person not being sufficiently expressed Where a thing incertain may be made certain both in time estate and person yet by necessary coherence and relation to matter precedent they are sometimes made certain enough 1. For the time Perkins P. 496. puts the Rule if a condition hath relation to an act precedent and no time is limited when it shall be done yet if ought to be done when the act precedent is done and therefore if I. S. be bound to me in 20 l. upon condition that if I enfeoff him of black acre that then he wil pay me 10 l. c. in this case presently when I have enfeoffed the obligor of black acre he ought to pay the 10 l. notwithstanding there be no time limited when it should be payd 2. For the thing being put incertainly yet the communication precedent makes this certain 30. H. 8. Dyer 42. in the Case of the Executors of Greenliffe where it is agreed that albeit it is not shown what thing is granted yet it shall be the Land of which the communication was 3. For the Estate although it be incertain yet sometimes it is made certain by the matter precedent as in the Case Co. lib. 8. A Stewardship was granted for life and afterwards an Annuity was granted for the exercise of that Office without declaring what Estate he should have in that Annuity and resolved that he should have the Annuity for life because he had the Office for life 4. For the person the consideration sometimes ascertains the person and therefore if land he given to one by Deed habendum sibi una cum filia donatoris in frankmariage this shall enure to both because the Feme is Causa donationis and by intendment of law the Land and the feme shal be given together to the man for the advancement of the Feme as it is Mich. 2. 3. Ph. Mary Dyer 126. a 4. E. 3. 4. Plow Com. 158. enfeoff him another and bind him and his heirs to warrant doth not say to whom he shall warrant yet the Feoffee and his heirs shall have advantage of this warranty for it cannot have any other intendment 6. E. 2. Voucher 258. 22. E. 4. 16. Kelleway 108. Co. lib. 8. Whitlocks Case In a Lease for years reserving rent it is the surest way to make the reservation to no person in certain but to leave it to the general intendment of the Law 15. H. 7. A man deviseth that his Land shall be sold for the payment of his debts and doth not say by whom they shall be sold by his Executors because they are lyable for the payment of his debts but if one devise that his land shall be sold saith not for the payment of his debts the devise is void because the Law doth not intend in this case to make the sale 40 E. 3. 5. 4. E. 3. Fitzherbert Obligation 16. Nota if a man be bound in debt or Covenant by writing and puts such a clause in the writing Et ad majorem hujus rei securitatem invenit fidei jussores quorum unusquisque in tot in solido se obligavit that although none speak there but the principall in the writing if the others put to their seals they accept that which the principal spake so become principal 2. E 4. 20. and here in our Case it appeareth that the Deed was so therefore it is reason that the Declaration should be so for there cannot be a material difference between the Declaration the deed especially being upon an agreement which is to be ruled according to the intention of the parties as it is in Plow Com. 140. a. In our Law if any parties be agreed upon a thing and words are expressed or written to make the agreement although they be not apt words yet if they have substance in them tending to the effect intended the Law shall take Intention of parties to be observed them of the same substance as words usuall for the Law regards the intention of the parties and here the intent appeareth that the assumption shall be m●de to the Plaintiff although there want expresse words and therefore he prayed Iudgement for the Plaintiff And afterwards the same Term Iudgement was given for the Plaintiff The same Term in the same Court. Beven versus Cowling IN an Action upon the Case Littleton mooved in arrest of Iudgment for the Defendant wherein the Case was this the Defendant assumed that if the Defendant would defer the payment of a bond in which one A. was bound to him and would not implead him upon it then he promised to pay it and he doth not say that he deferred the payment untill such a day and therefore this is no valuable consideration so that the action doth not lye for notwithstanding Action upon the Case upon a ●romise that if ●e would not sue such a