817 Wells and Fentons case 822 Web and Hargraves case 835 Williams and Greens case 836 Worleys case 842 Walter and Pigotts case 845 Whetstone and Mintons case 852 Webster and Allens case 873 Ward and Lakings case 876 Wilmot and Knowles case 884 Ward and Sudmans case 894 Westby Skinner and Catchers case 902 Wiseman and Jennings case 904 Wilcoks and Hewsons case 920 Wilcocks and Greens case 934 Wood and Bucklâ—ys case 936 Waâ—ley and Mosleys case 947 VVortesleys case 956 Worleys case 959 Williams Vaughans case 1014 Whitlock and Hartwells case 1015 Waltham Mulgars case 1017 Sir Will. Walter and Hangers case 1055 VVheeler and Heydons case 1056 VVrights case 1064 VVorral and Harpers case 1065 Eliz VViimots case 1093 VVhite and Halls case 1097 VVeaver and VVards case 1126 VVindham Kemps case 1134 The VVeavers of Newberries case 1140 VVood and Shirleys case 1149 VVhitlock and Hardings case 1152 VValter and the Dean and Chapter of Norwiches case 1157 VVilkings and Perrotts case 1161 VVatbrooke and Griffiths case 1163 VVinscomb and Pulisons case 1164 VVolley and Davenants case 1182 VVray and Clenches case 1203 Y. YArdley and Prestwoods case 435 Yelverton and Yelvertons case 442 Yelding and Fays case 458 Yotes and Goths case 882 Yelland and Fiches case 1026 Yardley and Ellices case 1107 Z. ZOuch and Bampfields case 382 ☞ THere is newly extant an ABRIDGEMENT of the Three Volumes of the REPORTS of Sir George Croke Kt. of all such Select Cases as were adjudged in the Courts of Kings Bench and Common Bench during the Raigns of Q. Elizabeth King James and King Charles Collected by the Author of this Abridgement AN ABRIDGEMENT OF THE REPORTS OF Sir FRANCIS MOORE Knight Serjeant at Law Mich. 1. Hen. 7. Capell and Churches Case A Writ of Right Patent in the Court of the Castle of Rising of the King was directed Balivis suis de Rising whereas the proceedings were senatoribus Curiae held good because the Paylifs are to make the Sommons and the suitors Justice Capell and Aprices Case 2. Replevin The Defendant avowed That A. and B. held the Mannor of H. and divers Lands of the Bishop of London parcel of the Bishops Castle of S. by Homage Fealty Escuage and by the Rent for Castleguard pro reddit auxil Vic. The Defendant pleaded That the Castle was utterly decayed and as to the auxil Vic. demurred in Law The Plantiff was Nonsuit but the Rents are still paid to the Bishop though the Castle be decayed Cleydon and Spensers Case 3. Resolved That if an Executor with his own proper monies pay a debt due by the Testator he may retain so much of the value of the goods of the Testator in his hands Case of the Sheriffs of London 4. The Custome of London is That if a Villein remaineth in the City by the space of a year and a day without any Claime made of him he may all time during his life live in the City Free 5. Resolved by the Justices That that which is written after the words In cujus rei Testimonium is parcel of the deed aswell as that which is written before it 6. Resolved It is no principal Challenge That a Juror is endebted either to the Plaintiff or Defendant 7. Resolved In a Replevin That one of the Jurors was Steward of the Mannor to the avowant is a principal Challenge 8. Two are bound each to other to stand to the award of Arbitrators They award that the one shall make a Lease for years to the other rendering Rent to the Lessor the Lease is made the Rent is not paid adjudged the Bond is not forfeit because Distresse or Debt are proper remedies for the Rent contr if it be awarded the Lessee should pay the Rent 9. Debt for not performance of an Arbitrament Adjudged It is no plea generally That he hath performed it but he must show how he hath performed it 10. Resolved It is a good Challenge to one of the 4. Knights who come to impannel the Grand Assise that one of them is maried to the Plantiffs daughter and the other 3. shall try it 11. If a submission be de jure titulo possessione of certain Lands The Arbitrators cannot award that one of the parties shall procure the Lord of the Mannor to grant a Copy holdor that a stranger shall release because out of the submission Frances Case 12. Resolved That the King by his Letters Patents cannot grant the Lands of a Lunatique to another to take the profits to his own use because the King himself is not entitled to them for his own use but for the use of the Lunatique his Issues Wife c. Otherwise it is of an Ideot for then the King hath the profits to his own use making allowance to the Idiot for his keeping Levet and Lewknors Case 13. An Executor recovered in Debt and then dies Intestate and the Ordinary commits Administration de bonis non c. Resolved the Administrator shall not have a scire fac upon the Judgement but a new Action of Debt as Administrator to the first Intestate Sir Godfrey Foliambs Case 14. Quare Imp. The Case was A. seased of the Mannor of D. to which Mannor an Advouson was Appendent granted the next Avoydance to B. and D. eorum cuilibet conjunctim divifim haered executor assignis suis The Church voyd B. presents D. to the Church adjudged That the presentment of him was good though he was one of the Granters 15. The Husband is entitled to Land in the Right of his Wife Resolved The Husband alone without joyning the Wife in the Writ shall have an Action upon the Statute of 8. H. 6. because the words of the Statute are Expulit disscisivit 16. A man was indicted for a Robbery done in the Foot way leading from London to Islington Resolved That he should have his Clergy because the Indictment is not of a Robbery in alta via regia nor in the High way but in a Foot way Vaughan and Lord Burghs Case 17. In a Writ of Prohibition there wanted the word Ostensurus Resolved though after Issue joyned that the Writ was amendable by the Statute Baker and Brooks Case 18. A Parson granted an Annuity of 5 l. issuing out of his Rectory pro Consilio impenso to I. S. Habend recipiend to the said I. S. and his Assignes The said I. S. granted it over to I. D. Resolved That the grant of the Annuity was good and the Assigne may have Debt for it 19. Wast was brought against Lessee for years He pleaded in Barre an Accord which was executed Adjudged to be a good plea. 20. Resolved by the Justices That the Master cannot Sollicite Counsel nor give Mony to Counsel in an Action brought against his Servant for his Servant but yet he may give what is due to his Servant for his Wages to Counsel for their Fees and it is not maintenance 21. Resolved That the Lord in Ancient Demesne shall
aliened that the Donor might enter the Donee aliened and afterwards dyed without Issue If the Donor might enter or was put to his Formidon in Reverter Quaere for the Justices were divided in opinion and it was not Resolved 122. The reversion of a Lease for years was granted one moyety to one man and another moyety to another The Lessee committed Wast and then the Lease determined They brought actions of Wast in the Tenant It was the better opinion that they might well joyn in the action because they are not now to recover in the realty which is the Land Wasted but only damages but if the Term had continued it had been otherwise because then the Land was to be recovered 123. An Indenture of Bargain and Sale was Enrolled the last day of the 6. Moneths not accounting the day of the date of the Indenture for part of the 6. Moneths It was Resolved that the Enâ—olment was good for the day of the date shall not be accounted part of the 6. Months limitted by the Statute for the date and the day of the date is all one for the date is all the day And it was said It was not like the Statute of 32 H. 8. of Leases where it is said A Lease made by Tenant in Tail shall be good for 21. years after the making of the Lease for the making may be at one hour of the day and is prefect by the delivery at that time and therefore the Lease shall begin presently And in this Case it was agreed for Law That if a man by Deed Indented Bargaines and Sells his Lands unto another and before the enrollment of the deed he Bargains and Sells to another and the last Deed is first Enrolled and after the first Indenture is Enrolled within the 6. Moneths the first Indenture is the best and shall be preferred before the latter although it was first Enrolled 124. By a Statute made 3. Ma. Cap. 4. Authority was given to Cardinal Poole to dispose order imploy and convert the Benefices appropriate to the increase and augmentation of the Living of the Incumbent He made a Lease for years of a Parsonage appropriate It was holden the Lease was void for he had authority but to the Intents specified in the Statute and he had not the Fee simple given him by any words of the Statute Quaere in whom the Free simple was if in the Queen or it was in Abeyance not Resolved 125. A Fine was Levyed in the time of King John by which the Conusor granted to the Conusee in Tail a Mannor rendring to him a pair of guilt Spurs for all services salvo sorinseco servitio Domino Regi The Mannor was holden of the Lord Stafford The Justices held it was but a Tenure in Socage for the words salvo sorinseco servitio were void to all purposes but to reserve such services by which he himself held of his Lord next paramount him and not such services which any of the Lords paramount him held over by Knights service 126. It was holden by the Justices If a man find sureties for the Peace before Justices of the Peace in the County yet if the same party come in B. R. and there make Oath that he was afraid he shall be hurt by the said party he may have surety of the Peace there against the party and a Supersedeas to the justices to discharge the bond taken before them for the Peace and behaviour 127. Note for a Rule by the Court That in every case where the Defendent once confesseth a Deed and after would avoid it by matter which makes the Deed defeisible and not void That in such Case he shall not plead Non est factum to it but show the special matter and conclude Judgment of action as if Debt be upon an Obligation against one who was within age He shall not plead Non est factum to it but shew the special matter that he was within age 128. A Lease was made to the Husband and Wife and to a 3d. person to have and hold to the Husband for 80 years if he should so long live and if he dye within the Terme the remainder of the said Term to the Wife and to the 3d. person if he should live so long It was Resolved a good Habendum and that all the Interest was in the Husband and nothing in the others till after his death But it was holden if a Lease be made to 3. of 3. acres Habendum one acre to one for 20. years of another to another for 40. years and of the 3. to the 3d. person for 60. years the limitation is void for he cannot by the Habendum divide the estate in such manner which was joynt before Gascon and Whatleys Case 129. A man seised of Lands in Fee is bound in a Recognizance and afterwards enfeoffes the Recognizee of parcel of the Lands yet the Recognizor is chargeable for the Residue of the Lands to the Executor of the Recognizee and for his body and goods but if the Recognizor dye hâ—s Heirs shall not be charged 130. Cessavit The Tenant said That the demandant nor his Ancestors were never seised of the services within 40. years It was holden by the Justices to be no plea because this Writ is not within the Statute of 31 H. 8. cap. 2. of Limitation and also because the seisin of the services is not materiall nor traversable in a Cessavit Mich. 5. Eliz. 131. Lessee for years Covenants for him and his assignes that he will not lop nor top the Trees during the Terme he dyes Intestate his Adminstrators lopâ— the Trees he is chargeable to the Covenant because he hath the Terme to the use of the Testator The Words in the Lease were Provided It shall not be Lawfull to the Lessee to top the Trees If these words are a Condition or a Restraint only no penalty ensuing upon it Quaere It was not Resolved 132. The Queen by Letters Patents ex câ—rta scientia mero motâ— granted to I. S. the Mannor of D. which she had by the Attainder of Sir Thomas Wyat and in truth she was seised of the Mannor by discent Resolved That the grant was void because the Queen was deceived in her grant Quaere if the same be not helped by the Statute of misrecitalls for when the substance of the thing granted appears certain the Statute helps all other defects but when the certainty of the thing granted doth not appear then perhaps it is not helped by the Statute 133. A Fine was Levyed by Husband and Wife and the Conusee rendred back the same Lands to the Husband and Wife and to the Heirs of the Wife and an Indenture was by which it was recited that the Remainder should be to the use of the Husband and Wife and to the Heirs of the Husband The Justices conceived there is not any use implyed upon a Fine no more than upon a Feoffment wherefore they conceived that the
several Writs issued to Certifie one to the Custos Brevium the other to the Chief Justices They both Certified there was not any Warrant of Attorney The Plaintiff alledged Diminution upon a new Writ of Error brought Resolved That he could not alledge Diminution not have a new Writ of Error after the two former Certificats in the first Writ Ive and Tracies Case 281. A man seised of Socage Land and of Lands holden in Capite by Act executed in his life Conveyed the Capite Lands for the Advancement of his Wife Issues and payment of his debts Adjudged he could not after devise the Socage Land Bonncys Case 282. King E 6. seised of the Mannors of R. and B. in the right of his Dutchy of Lanc. made a Lease thereof to B. for years rendering several Rents upon Condition that if the Rent be behind 40. dayes after the Rents payable to reenter It was found by Office that the Rent was behinde after the 40. dayes and by another Office that the Rent was tendered the Last instant of the 40. dayes and that the Queens Officers of the Dutchy accept of the Arrerages and of the Rent at other dayes and Feasts and made accquittances thereof to the Lessee and had accompted for the same in the Dutchy and after that the Queen to defeat the Lease brought the Intrusion The poynts of the Case were 1. If the Queen was bound to demand the Rent 2. If the Tender was sufficient and sufficiently found by the Office 3. If the acceptance of the Rent accrued after the Office should conclude the Queen of the Condition The 4. If the Acquittances of the Officers should conclude the Queen 1. It was Resolved that the Queen ought to have made a Demand of the Rent before Reentry 2. That the Tender found shall be intended a tender made upon the Land which was a sufficient destruction of the Reentry 3. That the acceptance of the Rent at a new day after the Rent found behinde should conclude the Queen and that the Act of her Officer should be the Act of the Queen her self so as she could not enter for the Condition broken and so it was adjudged against the Queen Hunt and Gateleys Case 283. In a Replevin the Case was this Tenant in Tail the remainder over in Tail the remainder over in Fee Tenant in Tail in remainder granted a Rent charge and afterwards Tenant in Tail in possession suffered a Common-Recovery and dyed without Issue The Question was If the Recoverers should hold the Land charged with the Rent It was Resolved that the Recoverers nor any which came in under their estate should be subject to the charge of him in the Remainder because the Recoverers are not of an Estate which they gained under the estate of Tenant in Tail in possession whose estate is not subject to any Charge of him in the Remainder 2. Resolved That no Lease nor Rent nor estate made by him in the Remainder should charge the possession of the Recoverers Brand and Glasses Case 284. Action upon the Case against an Inkeeper of London for goods of the Plaintiff stolen out of his Inn The Defendant pleaded an agreement betwixt them that the Inkeeper should not be charged with any goods brought by the guest but with such only as he should deliver to the Inkeeper himself or to his Wife and that the Plaintiff did not deliver the goods stolen neither to him nor his Wife It was Resolved by the Court it was a good bar of the Action and this Case was put and vouched to be adjudged 7 Eliz. A Clothier came to an Inn with a Wayne of Wool to Lodge at his entry the Inkeeper said to him That if he would that he should take the Charge of his Wayne that he should draw the same into an Inner Court otherwise he would not answer for it The Clothier did not do it and the Wool was stolen The Clothier brought his Action upon the Case against the Inkeeper and upon shewing the special matter the Inkeeper was discharged 185. The Case was Lessee for life Covenanted for himself his Executors and Administrators to build a new Wall during the Terme and after he assigned over his estate It was Resolved that in this Case upon the Statute of 21. H. 8. that the Grantee of the Reversion or the Grantor might have an Action of Covenant against the Assignees for by the acceptance of the possession he had made himself subject to all Covenants concerning the Land and the building of a Wall was a Covenant inherent to the Land with which the Assignee should be Charged though there wanted the word Assignees in the Deed. Mich. 26. 27. Eliz. The Case of Saffron Walden 286. King Henry 8. seised of the Mannor of Saffron Walden parcell of his Dutchy of Lanc. Anno 6. of his Raign granted to the Guild of Walden 2. Mills a Market and the Clarkship of the Market in Fee Farme rendering 10 l. per Ann. and after 31. of his Raign granted the Mannor Rent and Fee Farme to the Lord Audley in Fee 1 E. 6. by the Statute of Chauntries the Guild was dissolved by which the Mills and Markets came again to the King with a alvo of the Rent to the Lord Audley Afterwards the said King E. 6. Anno 3. of his Raign granted the two Mills Market and Clarkship of the Market and also a Fair yearly to be holden there to the Town of Walden in Fee Farme reddendo inde annuatim to the King and his Successors vel tali Capitali Domino vel Dominis feodi illius ad qâ—em vel quos de nostro pertinet vel pertinebit the sum of 10 l. per Ann. upon which Reservation they were charged with 10 l. per Ann. in the Exchequer and upon a scire facias they pleaded in discharge of the said Rent that they had payed 10 l. per Ann. to the Heirs of the Lord Audley The points debated were two 1. That when the King had granted the 2. Mills and Market to the Guild reserving Rent if the said Rent were parcel of the Mannor of Walden as the Mills were or was a Rent in grosse for if it was parcel of the Mannor then it was parcel of the possessions of the Dutchy if it was not parcel then it was a thing given to the King in Capite 2. If by the Reddend in the Patent of E. 6. the Town of Walden was charged to pay 10 l. to the Lord Audley and other 10 l. to the King This Case is very long and Learnedly argued by Walmesby for the Town of Walden and by Popham for the King And it was Resolved by the Justices That the Corporation of Walden should pay both the Rents Vide the Book at Large for the Reasons Sir William Herberts Case 287. Sir Matthew Herbert acknowledged a Recognizance to the King of 3000 l. and afterwards he made several Feoffments and Allienations of divers of his Lands the residue discended to
levyed another Fine to all the said uses but only the Estate for 20. years to his Executors and made his wife his Executrix the wife married Sir Robert Remington It was adjudged in this case that by the second Fine the Lease for 20 years to his Executors was extinct Littletons Case 971. A seised of Lands holden in copite in consideration of a Marriage of M. his Daughter with W. L. Son of Sir John and of 1300 l paid by Sir John the Father of W. levyed a Fine of part of the Lands to the use of himself for Life the Remainder to W. and M. and the Heirs of the Body of W. upon the Body of M. the Remainder to the right Heirs of W. and the residue to the use of himself for Life the Remainder to his first Son in Tail the Remainder to the right Heirs of W. with power to make a Joynture â—o his second Wife and to make Leases for Twenty one years or three Lives The marriage took effect A. took a wife and had Issue by her I. and died I. his Son and Heir within age W. died without Issue G. L. being his Brother and Heir the second wife of A. living and also M living It was upon â— Melius Inquirend found that M. was the Daughter of A. It was Resolved in this case that the Queen should have the Wardship of the third part of the whole Land during the minority of I. the Son of A. Also it was Resolved by them that although money was paid and so the consideration of the Marriage was a mixt consideration yet â—hat should not alter the Law for the duty to the Crown 1. and one Ciffias case was cited to have been so adjudged The Lord Ross and the Earl of Rutlands Case 972. H. Earl of Rutland 2 Elâ—z levyed a Fine with Proclamation to the use of himself and B. his Wife and the Heirs of his own Body and died B. married the Earl of Bedford they covenanted with Edward Earl of Rutland Son of H. Earl of Rutland to levy a Fine which Fine was levyed with Proclamation sur concâ—ssit of the said Mannors and Lands by the said Edward Earl to the said B. for Life Afterward Edward Earl of Rutland 29 Eliz. covenanted with the Lord Burâ—eigh and others to stand seised of the said Mannors to the use of himself and the Heirs Males of his Body the Remainder to the Heirs Males of the Body of Thomas Earl of Rutland his Grandfather Edward Earl 29 Eliz. died without Issue Male having a Daughter which was the Lady Roâ—s the Mother of the Lord Ross the plaintiff B. died the entail made by the Earl of Rutland and the discent to the Lord Ross the Plaintiff was found by Office It was Resolved by the Justices in this case That the Mannors did belong to the Plaintiff the Lord Ross as Issue in tail of Henry Earl of Rutland notwithstanding the Fine levyed by Edward Earl of Rutland because the Fine being sur concessit the same remained a Bar no longer then during the Life of B. Also they held the taking of the Fine by B. to be a surrender of her Estate but to be no discontinuance because not seised of the Tail at the time 3. Resolved the Lands should be in the King during the Minority of the Lord Ross Anno 1. Jacobi 973. It was Resolved by the Justices that Informations for the Queen alone in any Latin Court should not abate by the Demise of the Queen and so like of Informations tam pro the party quam for the Queen and so also it was of Informations in English Courts they were not discontinued by the Demise of the Queen Handall and his Wife and Browns Case in Chancery 974. The case was A. possessed of a Term for years had Issue a Son and two Daughters and by Will he devised his Term to John his Son and if he died to his two Daughters and if they died to his Wife he made his Son his whole Executor who entred claiming by the Will and after Probate he died Intestate his Wife took Letters of Administration and for mony sold the Term to Brown the Defendant It was the opinion of the Justices that the Assignee of the Administrator should have the Term and not the two Daughters and Decreed in Chancery accordingly 975. Upon the cases of claims at the Coronation of the King these points were Resolved by the Justices 1. That where a Barony or a Mannor or Land holden by grand Serjeanty to do special Service at the Coronation is come to many hands by purchase there each Tenant is chargable with the whole Service but the King may appoint which of them shall do the Service and he which doth the Service shall alone have the Fee but if the Division be by Copartners there the eldest is only to do the Service and the other shall contribute to the charge and the eldâ—st shall have the Fees but if each Sister sell her part the Feoffee of the eldest shall not have the preheminence 2. Resolved where Grand Serjeanty is to be done at the Coronation by Tenure and the Lands come to an ignoble person who is unmeet to do the Service the Lord Steward may appoint a Noble or meet person to do the Service as Deputy to the Tenant of the Land 3. Resolved where Land is given to hold as to be Hostiarius Câ—merae Regis or the like In such Case the Tenants are to make their claims yet they are not to be admitted to the said Services by the Commissioners for claims or the Lord Steward but they are to be referred to the King himself their Tenure being perpetual and continuing Leigh and Helyers Case 976. A man supposing he had Title to certain Lands which were in the possession of I. S. contracted to sell them to I. D. and sealed a Lease for years to a third person to the use of I. D. with whom the contract made and the year and day long before expired Resolved it was maintenance by the Common Law but not within the Statute of 32. H. 8. Foster and Kings Case 977. A man made his Will and gave diverse Legacies and devised that the rest and residue of his Goods after his Debts and Legacies paid to his wife and after in the same Will he devised that his Overseers should enter into the Lands and cut down so much of the Woods as would suffice to pay his Debts Quere in this case if the Debts and Legacies shall be paid of the Woods if the Goods be not sufficient to pay them Skipwiths Case 978. Tenant in tail and he in the Reversion bargaineth and sells the Lands to the King and before enrollment Tenant in tail suffers a common Recovery Quere if the Issue in tail be barred by the Recovery not Resolved Lucas Case 979 Resolved in this case that before the Statute of 13 R. 2â— Murder was pardonable by the name of Felony but since that Statute the
have a Writ of Disceit after a Fine levyed and the Kings Silver paid 22. If one comes to a Justice of Peace and complains that I. S. is a Felon and hath stolen certain goods and the Justice commands the party who complaines to be at the next Sessions and prefer a Bill of Indictment against the Felon and give Evidence against him who doth accordingly Adjudged That neither he nor the Justice shall be punished in Conspiracy although I. S. the Felon be acquitted 23. A man made a Lease for 40. years by Deed and in the Deed Covenanted and granted to the Lessee that he might take Convenient Housebote Firebote c. in his whole Wood called S. within the Parish of S. which Wood was other Lands and not parcel of the Land Leased Resolved the grant was good and the Lessee should have it during the Term and his Executors shall take the same as his Assignes and the grant shall not restrain him but that he shall have Housebote Firebote also in the Lands Leased to him 24. A man seised of a Mannor parcell in Demesne and parcell in service deviseth to his Wife for life all the Demesne Lands and all the services and chief Rents for 15. years and deviseth the whole Mannor to another after the death of the Wife Resolved That the Deviser should not take any effect for any part of the Mannor till after the death of the Wife and that the Heir of the devisor after the 15. years spent and during the life of the Wife should have the services and cheif Rents 25. Tenent in Dower makes a Lease for years rendring Rent and takes Husband the Rent is behind the Husband dyes Adjudged his Executos shall have the Rent 26. A man destrains for 10 l. Rents due at Mick Cattel which were not of the value of 40 s. and afterwards destrains for the Residue Adjudged he cannot avow for the distresse is not good and it was his folly so to distrain But if a man be behind of hiâ— Rent at several dayes and he take a distresse for one day at one time anâ— for another day at another time it is good 27. Resolved That a Custome That a Lessee for years may hold the Land for half a year after his Term ended is no gâ—oâ— Custome But the Lord of a Copyhold may by Custome Lease thâ— same for life and 40. years after and it is good 28. Upon an Extent the Sheriff returned that he hath extended a Tenement at 20 s. paid but doth not make mention of any House Land nor pasture which should make the Tenement Adjudged the nor Extent was void for the incertainty 29. If a man be Robbed and afterwards for mony he agreeâ— with the Felon that he will not give evidence against him for which the Felon Escapes It was doubted whether he was accessary to the Felon But it was agreed That if after the Robbery hâ— pursue the Felon and take his goods of which he was Robbed and so suffer the Felon to escape the same is a Concealment of the Felony but he is not Accessary to it 30. A Women Tenent in Tail makes a Lease for years to her Husband and dyes The Husband being Tenent by the Curtesie surrenders to the Issue Adjudged the Issue shall avoid the Lease 31. A man says I will you shall have a Lease for 21. years of my Land in D. paying 10 s. Rent make a Lease in Writing and I will seal it Adjudged It is a good Lease in years by paroll though no Writings be made of it 32. Land was let to I. S. Habend to him for life and for the lives of I. his Wife and his Son Quaere What estate I. S. shall have and if there shall be an Occupancy in the Case It was not Resolved 33. If my keeper of my Park will not serve a Warrant which I send him nor suffer it to be served Resolved it is no forfeiture of his Office but only a Disobedience and a Misfeasance which is not a forfeiture But cutting down of Trees is a forfeiture of his Office 34. A man made a Lease for years the Leasor sold the Trees growing upon the Lands the vendor cut them down The Cattel of the Lessee which were in the Close destroyed the springs Resolved That the Leaser could not take the Trees growing upon the Land and it was a wrong in him to cut them down and it is not reason that he should by his own wrong should compel the Lessee to enclose the Lands wherefore Adjudged it was no Wast 35. In a Replevin the Plantiff being Lessee for years prayd in aid of his Leasor and upon Issue joyned upon a false verdict it was found for the Avowant The Plantiff and the prayee in aid joyned in Attaint and pendent the Attaint the prayee in aid which was his Lessor dyed Resolved That the Writ should abate for the prayee is dead who ought to recover the Reversion by the Attaint and his Heir should be at great mischief If the Attaint be found against the then Plaintiff who then should louse his Reversion 36. Resolved by the Court That if an Obligation or a grant be raised after the ensealing of it it is void but it is otherwise of an Indenture if it agreeth in words with the other Indenture and it was agreed If a man be bounden in an Obligation which is rased and the Obligation is endorsed with a Condition to perform the Covenants in an Indenture and the Indenture expresserh the debt notwithstanding the rasure of the Obligation the Plantiff must shew the Indenture to prove the Bond good 37. Action upon the Case for words viz. Thou art a False Knave a Wretch and a Whoremonger Adjudged actionable although for the word Whoremonger he might have his remedy in the Spiritual Court 38. A man hath Issue a Bastard and after marryes the same Woman and hath Issue by her divers Sons and then deviseth all his Goods to his Children Quaere If the Bastard shall take by the Devise But if the Mother of the Bastard make such a Devise It is clear the Bastard shall take because he is known to be the Child of the Mother 39. Lessee for years Proviso he shall not assign the Term nor any parcel of it without the assent of the Lessor Resolved He cannot give grant or sell it without assent of the Lessor But agreed That the Executors of the Lessee may assign it without assent of the Lessor 40. Resolved That if the Lessor makes a Letter of Attorney to his Lessee for years to make Livery of the Land in Lease to a Stranger who doth it accordingly That it is not a surrender of his Term for he doth not make the Livery in his own right but as Servant to his Lessor and by his authority 41. Resolved That if the Lessor infeoff a Stranger and makes Livery the Lessee for years being upon the Land who agrees to it It shall enure as an
limitation over was good enough Dyer said If the Remainder be in tayl the Conusee is seised of the Reversion to his own use quod fuit concessum per les Justices 134. A man granted unto another Herbagium Pannagium within his Lands rendring Rent the Lessor cut down the Trees Resolved That Trespass would not lye by the Lessee against the Lessor but he might have an Assize because it is a Profit Apprender in loco certo capiendo 135. An Abbot was Parson imparsonee of the Church where the Abbot and Tythes were the Abby was dissolved The King granted the Monastery to one and the Parsonage and Rectory to another It was the opinion of the Justices That if the Land of the Abby was the Glebe of the Parsonage before the Appropriation that that Land was discharged of Tythes for it remains Glebe notwithstanding the Appropriation and the Glebe cannot be gained by Prescription and the Glebe was never chargeable to pay Tythes And if a Parson doth make a Lease of his Glebe the Lessee shall not pay Tythes But the Demeasnes of the Abby not parcel of the Glebe should be chargeable to pay Tythes if they were not discharged in right by a Composition or unity perpetual 136. A man made a Feoffment in Fee of Lands upon Condition if he paid him 20 l. at the Feast of St. Mich. in St. Pauls Church the Feoffment to be void The Defendant in an Action brought pleaded he paid the Money at the day and place upon which Issue was joyned and gave in Evidence That he paid it before that day at another place Resolved That the Evidence did nâ—t maintain the Issue For although the Party may pay it at another day and place if the other will accept of it yet he is not bound to receive it and in as much as the Partie is restrained to a day and the day is made parcell of the Issue he ought to prove payment at the day or alledge the special matter and plead payment before the day and acceptance thereof as the truth of the Case is 137. If a man be indebted to I. S. 100 l. and the Debtee maketh an Acquittance to him in Writing that he hath received 20. l. of him in satisfaction of the 100 l. of all other Debts Duties and Demands the same is good and amounts to a Release but if it be without Writing then payment of the 20 l. cannot be in satisfaction of the 100 l. by the Opinion of all the Justices 138. A man deviseth his Lands to his Wife de anno in aunum till his Son shall come to the age of 20. and dyes the Wife enters the Son dyeth before he attains 20 years Resolved the Interest of the Wife was determined But if the Devise had been untill the Son should or might come to the age of 20. years there notwithstanding his death the Estate of the VVâ—fe had continued 139. If a Grand Cape issueth where there was no Original before and Judgement be entred upon it Resolvd it is not void but voidable only by Error 140. Ravishment of Ward of two Daughters the Plaintiff declared to his Dammages of 100 l. and upon Nihil dicit had Judgement and upon a VVrit of Enquiry the Jury found the Ravishment of the Eldest and that she was married to the Plaintiffs dammage of 80 l. and of the other two to the value of 60 l. pro raptu abductione 100 l. and the Judgement was entred for the dammages pro raptu abductione conditionally if she was married 141. A man seized of an Advowson in Fee granted to another and his Heirs that when the Church should become void that the Grantee and his Heirs should nominate a Clarke to the Grantor and his Heirs and he and his Heirs should present him to the Ordinary Resolved That if he who hath the Nomination present he which ought to present shall have a Quare Impedit against him â— contra But if an Annuity be brought against a Parson the Aide is grantable onely of him who hath the Presentation for that is in the right and the right is in the Presenter 142. Debt upon a Contract for 10 l. It is no Plea for the Defendant to say that the Contract was for a lesser sum than the sum contained in the VVrit because the Defendant might wage Law of it 143. Copyhold lands are demised to two for Life successive where the Custome is they may cut Trees Resolved It is a forfeiture of his Estate and of the Estate of him in the Remainder Ter. Pasc 5 Eliz. 144. Lands at the Common-law and Copyhold-lands are leased by one Indenture rendring rent Resolved that the whole Rent shall issue out of the Lands at the Common-law and not out of the Copyhold But if a man leaseth Lands a part of which he hath by Disseisin rendring Rent there the Rent shall issue out of the whole Land and by the Entry of the Disseisee the Rent shall be apportioned 145. A Composition was betwixt an Abbot and a Parson that in recompence of the Tythes of all the VVoods within the Mannor whereof the Abbot was Owner that he should have to him and his Successor â—0 loads of VVood every year in 20. acres of the said Mannor to burn and spend in his House The Parsonage was appropriate to the Abby and after the Abby was dissolved and the King granted the Parsonage to one and the 20. Acres to another It was was resolved That by the uniâ—y the Estovers were not extinct for if they be Tythes they are not extinct by this unity of Possession for that Tyths run with the Lands and Tythes de jure Divino Canonica Institutione do appertain to the Clergy Eyres Case 146. In Replevin The Case was the Archbishop of York was seized of a Field in B. in the right of his Church and Leases the same by Deed for years rendring rent which was confirmed by the Dean and Chapter In the Indenture there was a Proviso that in the vacancy of the Bishoprick the rent should be paid to the Chapter as in his right the Bishop dyed I. S. was created Bishop and was deprived because he refused to take the Oath of Supremacy I D. was chosen and created Bishop and for Rent behind and not paid to the Chapter in the time of the vacancy he avowed In this Case these these points were resolved 1. That the Proviso was well placed and was a Condition being annexed to the Reservation of the Lease 2ly That the Successor might enter for the Condition broken in the time of his Predecessor 3ly The Bailiff of the Bishop could not enter for the Condition broken without a Special Warranty 4ly That the Condition was repugnant because he appoints the Rent to be paid to the Chapter in the time of the vacancy the Reservation being to the Bshop and his Successors 5ly That no Title was in the Succcessor to enter because the Condition was repugnant
which they have otherwise not 245. Tenant in Tail disseiseth the Discontinuee and Levyeth a Fine and the proclamation passes but the Discontinuee during the proclamation makes claime and after the Tenant in Tail dyes and the Discontinuee enters It was the opinion of the Justices that the Issue in Tail was barred by the Fine and in this Case it was said That if the Lord entreth upon his Tenant and enfeoffs a stranger and the Tenant Reenters he avoids the Disseisin and estate but the seignoury is not revived but extinct Pasch 20. Eliz. Jackson and Darceys Case 246. Tenant in Tail the Remainder to the King levyeth a Fine with Proclamation It was holden it shall binde the Issue notwithstanding the saving in the Statute of 32. H. 8. for that here is not any Reversion in the King but a Remainder of which the Statute speaks nothing but yet this Fine doth not devest the Remainder out of the Kâ—ng but the Conusee shall have a Fee determinable upon the Tail 247. The Master takes an Obligation of his Apprentice that he shall not use his Trade within 4. years in the Town of N. where his Master dwells and he is an Apprentice It was holden the Obligation was not good not should binde the Apprentice 248. A man hath a Warren which extends into 3. Townes and by deed makes a Lease of it for years Rendering rent and after grants the Reversion in one of the Townes to another and the Lessee Attornes It was the opinion of the Justices That the grantee should have no part of the Rent nor the Granter because no Covenant can be apportioned Duland and Cleypooles Case 248. Information upon the Statute of 5. Eliz. of Tillage That the Defendant had Converted 300. Acres of arable Lands to Pastures and that the Conversion hath continued from 15. Eliz. to 20. Eliz. The Defendant as to the Conversion pleaded Not guilty and as to the Continuance the general pardon of 23. Eliz. upon which it was demurred It was argued that the Condition did not extend to the Continuance of the said conversion It was said That if A be seised of arable Lands and converts the same to pasture and so converted Leaseth it to B. who continues it in pasture as he found it he shall be charged by the Statute And Note the words of the Statute are Conversion permitted and Conversion continued is Conversion permitted and the Statute doth not punish only the Conversion but the continuance of it One the other side It was said That the Conversion and the continuance thereof are 2. several things by it self and so the Conversion being only excepted the Continuare thereof is within the Pardon Quaere the Case was adjorned Term. Pasc 24. Eliz. Leeke and Grevells Case 249. Information upon the Statute of 5. Eliz. for converting and using of 2000. Acres of arable into pasture The Defendant said and justified as to 800. Acres That the Queen by Deed under her Great Seal Licensed him to enclose the Mannor of Weston and Welford in the County of Gloucester and to make a Park so as it was not within any Forrest and to Convert and use the Land inclosed of tillage into pasture pro sustentatione ferarum Damarum averiorum suorum by which he enclosed them and converted the Tillage into pasture for the Sustentation of his beasts Upon which it was demurred It was argued that the License was not good because the Statute of 5. Eliz. was to continue but till the beginning of the next Session of Parliament at which time the Statute ended and was not revived till Anno 13. Eliz. so as in Anno 9. when the License was there was not any Statute to prohibit the Conversion of tillage into Pasture and therefore the License in 9. Eliz. could not dispense with the Statute of 13. Eliz. and the Statute of 13 Eliz. did not make such reviver of the Statute of 5. Eliz. as made mean Acts good by any Relation Quaere the Case was not adjudged but adjorned Dolman and the Bishop of Salisburies Case 250. Quare Imp. brought the Defendent pleaded the Statute of 21. H. 8. Cap. 13. of Pluralities that the last Incumbent had a Benifice with Cure of the value of 8 l. and took another Benefice and was Inducted 1 Eliz. upon which the Queen did present the Defendant by Lapse The Plaintiff shewed the Proviso in the Statute of 25. H. 8. that Chaplains qualified might purchase Dispensations and take 2. Benefices and that 1 Eliz. before the Parliament he purchased a Dispensation from the Pope and after he took the second benefice and dyed The question was whether the Pope before the Statute of 25 H. 8. might grant dispensations It was Resolved he could not for that the Kings of England had been Soveraigns within their Realms of the Spiritualties and the Justices held that the dispensation in question was made 1 Eliz and so out of the Statute of 25 H. 8. and that this dispensation to retain a second benefice was against the Statute of 21 H. 8. Lacyes Case 251. In a scire facias upon a Recognizance for not appearing before the Justices of Assise at York the Defendant pleaded that after the Recognizance taken a Commission issued to the Admiral and others to hear and determine Treasons Felonies c. done within the Jurisdiction of the Admiralty and that the Commissioners sent to Arrest him before the day of his Appearance because he had mortally wounded a Man upon Scarborow sands if within the flux and reflux of the Sea of which wound he dyed at Scarborow and that thereupon he was Arrested and detained in prison till after the day of Appearance and afterwards was Indicted and arraigned of the said Felony before the Commissioners The Court inclined to be of opinion that the Arrest was a sufficient excuse of his appearance because the Recognizance is a duty to the Queen and the Commission is the Act of the Queen and all that the Commissioners do is by authority from the Queen and in her person and shall be accounted her Act and then when she her self is a cause that the Defendant could not appear that she should not have benefit of the Recognizance 252. The Condition of an Obligation was That if the Obligor pay at or before the 25th day of March he tenders the money the 24th day It was the opinion of Anderson that if he tender the money the last instant of the 24th day he saveth his Bond But the other Justices held the contrary because the word before is not to have any Construction but the Obligor shall be admitted to pay it before by agreement only of the Obligee Quaere 253. A man seised of 3. Mannors in Fee of the value of 300 l. Covenanted in Consideration of the Mariage of his daughter that he would suffer 20 l. yearly to discend come and remain to his daughter and her Husband and the Heirs of their bodies It was the opinion
the Rent that the Lessor should not enter which being immediately sworn and the Records of the Outlawries against him produced the Justices dismissed the Lessee and that the Lessor should enter upon him Broughtons Case 269. Broughton a Justice of the Peace brought an Action upon the Case against the Bishop of Coventry and Lichfield because he wrote a Letter to the Earl of Leycester one of the Privy Council wherein he wrote That the Plaintiff was a Vermin in the Common wealth a false and corâ—upt man an Hypocrite in the Church of God a Dissembler He hath used many corrupt practises to work his VVill He procured my Register to be indicted of Extortion He willingly and wilfully hath boulstred out one Greenwood a Convict man of many offences and knowing him to be an Evil man maintaineth him against me without Law Conscience or Honesty Upon Not Guilty it was found for the Plaintiff and 300 l. Dammages It was objected the Action did not lye not being an overt Act but words written in a Letter Resolved the Act on did well lye being writ to a Stranger but otherwise if it had been written to the Party himself and it was also resolved That although but some of the words will bear Action yet the Dammages are well assessed because they are put in to increase the Dammages In this Case it was said if a slanderous Bill be exhibited in the Star Chamber against one the Action doth not lye because it is a Court of Justice and hath Jurisdiction to redress things but to exhibite a slanderous Bill into a Court waich hath not power to redress the thing is scandalous and an Action will lye for it Griffith and Clarks Case 170. A Writ of Disceit by the Lord of the Mannnor upon a Fine levyed of the Land within antient Demeasne The Defendants pleaded that the Lord of the Mannor in the time of E. 2. did release to one who was Tenant of the same Land de omnibus servitiis consuetudinibus salvis servitiis infrascriptis viz. pro una virgat terrae 2 s. rent suit of Court and Releife It was resolved The Custome of the Antient Demesne was extinct by the Release but the Rent Releife and suit of Court remained as parcel of the Seignory by the saving Ivors Keales Case 271. A. seised of Lands in Fee borrowed 20 l. of B. and they are agreed to assure Lands for it They went to the Land and A. there said to B. I am endebted to you 20 l. If I do not pay you at Michaelmas then I bargain and sell this Land to you and if I do pay you I am to have my Land again B. continued upon the Land a little space the Monyes was not paid at Michaelmas Adjudged the Land passed to B. upon a Condition subsequent for payment of the Mony by B. Mildmay and Standiskes Case 272. Action upon the Case for Slandering his Title In which the Defendant justified the Case was A. seised of Lands in fee had Issue 3. Daughters V. G. O. V. dyed without Issue The Father for love and affection and the better maintenance of G. and O. covenanted to stand seised to the use of himself for life the remainder to G. in tale of one Moyety the remainder to O. of the Moyety in Tail Provided it shall be Lawfull for the said A. for the payment of his Debts and Legacies and better preferment of his Servants and other good Considerations to devise the said Lands by his Last VVill and dispose of the same for lives or years and afterwards he devised the said Lands to F. and the said O. his wife for 1000. years and dyed wherefore the Defendant published the said Lands were assured for 1000 years upon which it was demurred It was said that the said V. might at any time determine any of the said uses and induce other Estates at his pleasure and the payment of his Debts and Legacyes with good considerations for the Leases But it was resolved for the Plaintiff because the Proviso was against the Law to enduce an Estate to a Stranger by way of Lease upon Covenant of Considerations to raise uses but such power might be good upon an Estate executed Or a Proviso good which did extend to determine the Estate but not to give another Estate to Lessees Veere and fâ—ofryes Case 273. It was Resolved That if the Metropolitan grant Administration where the Intestate had not bona notabilia indivers diocesses it is voidable only but not void But if a Bishop of a Diocesse grants Administration which belongs to the Metropolitan the same is void Russells Case â—74 Trover and Conversion of goods by the Executors of R. against Husband and Wife of the goods of the Testator which came to the hands of the Wife dum sola fuit The Defendant pleaded a Release of the Plaintiff after the death of the Testator and after the Trover and Conversion The Plaintiff said he was then within age It was adjudged that because there was no Consideration alledged for the Release it should not binde the Executor because it should be a Devastavit in him Twineos Case 275. Grandfather and Grandmother Tenants in special Tail before the Statute of 27 H. 8. the remainder to the right Heirs of the Grandfather The Father by deed enrolled Fine and Proclamation conveyed the Lands to the Queen and her Heirs and Successors in the life time of the Grandmother It was Resolved that by the Statute of 32 H. 8. by the Fine and Proclamation the Issue in Tail was Barred Vâ—ncent and Lees Case 276. It was adjudged in this Case That when a man devised that his Sons in Law should sell the Reversion of his Lands without naming their particular names and that some of them dyed That the Survivors could not sell the Land Sir Peter Carewes Case 277. It was Resolved in this Case That the Lord of a Mannor for life or a particular Tenant having interest in the Mannor might grant Copies in Reversion although they were not executed in the life of the grantor Moris and Franklyns Case 278. The Statute of 27 H. 8. which began 4. Feb. Anno 27. H. 8. and ended 14. April gave Monasteries of Petty value to the King The Abby of T. being of Petty value viz. 100 Marks per Ann. was mean between the 1. day and the last day Surrendred to the King It was holden the King should be in by the Statute and not by the Surrender Thorrowgood and Tarvors Case 279. In Trespasse The Defendent pleaded in bar the Release of the Plaintiff of all his right in the Land The truth was the Plaintiff was a man unlearned and the Release was read unto him only as a Release of the Arrerages of an Annuity It was the opinion of the Justices that he might plead Non est factum to it and it should nor bar him Dorrell and Thyns Case 280. Error was assigned in a Common Recovery That no Warrant of Attorny was
his Heirs A scire fac issued against the Heir and Terre Tenants who made default and Judgment was given against the Heir aswell of his own proper Land as of those which he had by discent It was said by Cook that although the Heir upon default shall be charged above his Assets but that was where a man bound him and his Heirs in the Recognizance but here the Heir should not be charged because the words of the Recognizance are no obligation against the Heir but only upon the Land and therefor he prayed contribution against the other Feoffes The Court refused to grant it and said that one purchasor shall have contribution against another but the Heir shall not have it but shall be in the same degree as his Ancestors was Bantings Case 288. In Trespas the Case was John Banting contracted himself to Agnes A. after Agnes was Maried to F. and Cohabited with him Banting sued Agnes in the Court of Audience and proved the Contracts and sentence was there pronounced that she should Marry the said Banting and Cohabit with him which she did and they had Issue Charles Banting and the Father dyed It was argued by the Civilians that the Marriage betwixt Banting and Agnes was void and that Charles was a Bastard But it was Resolved by the Justices that Charles the Issue of Banting was Legitimate and no Bastard 289. The Case was Lessee for years assigned the Terme to the Wife of the Lessor and a stranger and afterward the Lessor bargained and sold for Mony by deed Inrolled the stranger dyed the the Wife claimed to have the residue of the Terme not expired Whether by the Bargain and sale the Terme of the Wife was extinct or not was the Question it was said it was not but Contrary if the Husband had made a Feoffment in Fee with Livery Quaere the Case was not Resolved Vide Plowdens Commentary Amy Townsends Case Treshams Case 290. Tenant in Capite made gift in tail to I. S. upon condition that if he aliened that it should be Lawfull for him to enter I. S. aliened Tenant in Tale entred for the Condition broken It was adjudged That a Fine for the Alienation of the Tenant in Tail was due to the Queen and that the Queen might charge the Lands in whose hands so ever they came for this Fine and the duty was not discharged by the entry of the Tenant in Tail for the Condition broken but the Tenant of the Land was Chargeable for the same 291. Debt against an Executor for 100 l. in C. B. Afterwards Debt was brought against the same Executor for 100 l. in B. R. in which he confessed the Action and pleaded the same to the first Action and that he had fully administred all but the said 100 l. The Court inclined to be of opinion that the plea was not good but that the Executor was chargeable to the first Judgment Quaere because not Resolved 292. A. for mony sold to B. all the Butter which should be made of his Cowes in a year and when he had made Butter he sold the same to C. C. paid his money and set his mark upon the Barrells and left them in the Custody of A. and afterwards A. delivered them to B. the first vendee C. brought a Replevin and B. claimed the property in the Butter by the first sale It was said that the property of it was in C. for the first Contract betwixt A. and B. was but a Covenant and agreement that A should sell the butter when it should be made for before that he could not sell it and before the making of it there was no property in it and so no contract and the second alienation was a change of the property and so B. hath no remedy for it but his Action upon the Case against A. Quaere not Resolved The Earl of Huntington and Lord Mountjoyes Case 293. The Lord Mountjoy bargained and sold Lands by deed enrolled Proviso that it is Covenanted granted and agreed that it shall be Lawfull for I. S. who was a stranger to dig in the Lands for Mynes It was adjudged in this Case that although the word Proviso absolutely taken be a Condition yet when it is coupled with other Words subsequent It shall be construed to be a Covenant and not a Condition Crocook and Whites Case 294. Debt upon an Obligation the condition was That if the Defendant Warrant and defend an Oxgange of Land to the Plaintiff against I. S. and all others that then c. It was Resolved the word defend shall be taken and shall not imply any other sense but a defense against Lawfull Titles and not against Trespasses and this Case was put by Anderson Chief Justice If one Covenants to make a Lease of all his Lands in D. and in D. he hath aswell Copyhold Land as Freehold Land he is not by the Covenant to make a Lease of the Copyhold Land for that he cannot Lawfully Lease without License and the for the Law shall construe the Covenant to be of Lands dimiseable and not of other Lands Roberts Case 295. The Bishop of Batb and Wells granted to King E. 6. by Deed enrolled all his Farmes and Hereditaments of W. in W. in the County of S. Habend to the King and his Heirs and in W. the Bishop had a Rectory which extended into the County of D. It was holden in this Case that the word Farme did not include the Rectory without a special averment that the same was in Lease before but the word Hereditament was sufficient to passe the Rectory 296. A Statute is Continued during the Will of the King It was Resolved that the Demise of the King had determined his Will 297. Note it was Resolved by the Justices that if Lands are devised to 2. men and to the Child with which the Wife of the Devisor is ensient It is a good Devise and the Child shall take by the Devise but if he shall be Joynt or Tenant in Common with the other Quaere Grises Case 298. A. gave Lands to his Son and his Wife for life the remainder to the Heirs of A. the Son dyed having Issue within age A. dyed Living the Wife It was adjudged that the Issue of the Son should not be in Ward for the Remainder notwithstanding the Statute of 32 H. 8. Wests Case 299. West went beyond Sea and wrote a Letter that his Land should go in such a manner It was adjudged to be a good Will and Devise Cooks Case 300. It was agreed by the Justices in this Case that if Lessee for years during his Terme set up Posts for out-doores and hangs doores upon them by Engines that he cannot take them away at the end of the Terme but otherwise they conceived if it be of Indoors within the house Mollineux Case 301. A. bound himself in an Obligation upon condition that if he did pay to the Obligee the sum of 20 l. within 40. dayes after his personal
Covenant he devised to each of the Daughters 10. l. to be paid at their several ages of 21. years One of the daughters sued his Executors in the Spiritual Court for her Legacy and upon suggestion by the party that he is bound to pay her 10. l. at her age of 21. years a Prohibition was granted and the intent of the Devise was that he should not be twice charged 369. One sued an Administrator for debt upon pleinement administr The Jury found Assetts for part to the value and Judgment for that part for the Plaintiff and that for the residue the Defendant eat siae die and now he brought a Scire fac surmising Assetts to the value of the Residue It was the opinion of the Court that it did not lie 370. Debt upon Obligation with condition if the Obligor pay to the Obligee 10. l. or four Kine such a day at the then Election of the Obligee the Obligation to be void It was the opinion of the Court that the Obligor is to tender both at the day appointed by reason of the words at the then Election which word then shall have relation to the day appointed 371. A Lease was made to three Habendum to them for 99. years viz. to the first for 99. years if he should so long live and if he died to the Second pro residuo termino anaorum tunc ventur if he should so long live and if he died within the Term then to the third pro residuo termino annorum ad tunc ventur It was the opinion of the Justices that it could not enure by way of Remainder because there was not any Estate in esse during the particular Estate Yet they conceived the Estate of the second was good because it did enure as a new Grant Qu. 372. In a false Imprisonment against a Mayor he justified because he being a Magistrate the Plantiff said he was a Fool It was the opinion of the Justices that if he called him Fool in the place and exercise of his Offic◠that the Imprisonment was lawfull otherwise not Vdeson and the Mayor of Nottinghams Case 373. Vdeson was in the custody of the Mayor upon the Statute of 23. H. 8. and he would not let him at liberty upon Sureties wherefore he sued by Bill here and and Declared against the Mayor in Custodia Marischalli and recovered by Verdict It was the opinion of the Justices that by the Statute of 18. Eliz. none should sue for any penalty upon a penal Law but by original Writ or Information and so it was said it was adjudged in the Bayliffs of Bosworths Case Griffiths Case 374. It was was Resolved by the Justices That Error lyeth in the Kings Bench upon a Judgment given in an Ejectione firmae in Wales given before the Justices there 375. A Draper having a Servant to sell Clothes in his shop the Servant took the clothes and converted them to his own use It was adjudged that Trespasse vi armis lyeth only against the Servant because he had the possession as Servant and it was Resolved That in all cases where the Servant hath not a speciall nor general property Trespasses lyeth 376. One made a Lease for years the Lessee devised the Term to his wife for so many years as she should live and after to his Son the Wife purchased the Inheritance and sold the same again and covenanted that it was discharged of all Incumbrances and died The Son claimed the Term it was adjudged the possibility to the Son was a forfeiture of the Covenant and Bond of the Wife Sir Thomas Gorges Case 377. The Queen seised of a Mannor to which an Advowson was appendant and granted the Mannor una cum advocatione Ecclesiae the Church being then void Adjudged the Avoidance did not pass but the Queen should present pro hac vice 378. A man who was bound in a Recognizance for the good Behavior was indicted that he called one Pealer Lier Druakard and said I will make thee a poor Kirton and also Quare clausam fregit averia cepit injustè detinet It was Resolved by the Justices in B. R. That these were not words which threaten a battery of his Body without which the Recognizance is not forfeited 379. Debt brought in the City of Oxon The Defendant pleaded that he was one of the Barons of the Cinque Ports within the County of Kent and pleaded to the Jurisdiction of the Court upon which the Plaintiff demurred Qu. If a good Plea It was not Resolved Hayward and Bettesworths Case 380. Replevin the Defendant avowed for Rent the Case was The Father was seised in Fee and let the Land to the Plaintiff for years rendring Rent and afterwards he infeoffed a Stranger and executed livery upon parcel of the Land in a Close called D. the Lessee nor any of his Cattel being there but being in the house It was adjudged that nothing passed by the Livery but that the reversion of the whole descended and therefore it was adjudged for the Avowant Pigott Palmers and Grangers Case 381. The Case was A. was seised of Land which he intended to sell to the Father for 160. l. of which 140. l. was paid by G. in consideration of the Marriage of Pigott with the daughter of Granger and that the Land shall be conveyed for the Joynture of the daughter and the Heirs Males of their Bodies they intermaried and had Issue the Plaintiff Pigot died the wife took Husband Palmer the Defendant and they accepted a Fine of a Stranger with a render to the Stranger for 100. years rendering the ancient rent the wife died It was resolved that the taking of the Conveyance with the render for 100. years made the Estate of the wife void by the Statute of 11. H. 7. Zouth and Bamfields Case 382. In a Formedon in the Discender brought of the Moiety of a Mannor The Defendant pleaded in Bar that the Grandfather of the Demandant levied a Fine sur Conusance de droit c. with Proclamation of the moiety of the said Mannor by which Fine it was granted and rendered to the Grandfather and his Heirs whose estate the Tenant in the Formedon had The Defendant replyed that at the time of the Fine levyed and after the Demandant was seised of the Land in his Demesne as of Fee It was Resolved That the Defendant being Heir in tail against such Fine levyed by his Ancestor whose Heir he is was estopped to aver his seisin and continuance thereof as a stranger at the time of the Fine levyed Nor to add Quod partes finis nihil habuerunt Against which it was objected 1. That by the Statute of Donis It is provided Quod finis ipso jure sit nullus 2. That the Statute of 27. E. 1. of Fines doth not extend to Heirs in tail but to Heirs in Fee and that the Issues in tail are not bound by Fines which enure by way of Estoppel 3. That the Statute of Fines
liberty of Exemption was extinct by the Act of Parliament and the Kings intent was not to grant such a Liberty as was excinct and as to the non obstante it was not sufficient being general but if the Grant or non obstante had been particular there the Grant should have been good Matthew and Woods Case 449. Judgement was given in B. R. in an Action upon the case for words the Plaintiff there brought another Action in C. B. for the same words and had Judgment to recover Error was brough upon the Judgment in B. R. the Court was of opinion to confirme the Judgment in B. R. but they in discretion would not grant execution upon it but only upon the Judgment in their own Court Thimblethorps Case 550. Words viz. when wilt thou bring home my Husbands sheep which thou hast stollen adjudged actionable and the damages to be paid by the Husband Hilliard and Constables Case 551. Words spoken of the Plaintiff a Justice of Peace and Vice President of York viz. He is a blood-sucker and thirsteth after blood but if any man will give him a couple of Capons or a score of Weathers he will take them It was adjudged the words were not Actionable because he may thirst for blood in care of Justice Wheeler and Collyers Case 552. Assumpsit against an Administrator whereas the Intestate was in his life endebted to him 17 l. in consideration the Plaintiff would deliver to the Administrator 6. barrells of Beere he promised to pay the whole 20 l. being found for the Plaintiff Judgment was stayed because the action did not lye joynt for two sums of money Colmans Case 553. In consideration of 4 d. one promised to pay 10 l. upon non Assumpsit Damage shall be given to 10 l. and not to 4 d. adjudged Awder and Nokes Case 554. Lessee for years assigned over his Terme by deed to I. S. and Covenanted that I. S. and his assignes should enjoy the Land during the Terme without Interruption of any After I. S. assigned over his Terme by word and the Assigne being disturbed brought Covenant adjudged it did lye although the Assignement was but by word because there was privity of estate Paramoure and Darings Case 555. The Condition of an Obligation was to pay all Legacies which I. S. had bequeathed by his Will Adjudged the Defendant shall be estopped to say I. S. made no Will but he may plead he gave not any Legacies by his Will Grene and Bufkyns Case 556. The Statute of 31 H. 8. gave all Colledges dissolved to the Crown in which there is a Clause that the King and his Pattentees should hold discharged of Tythes as the Abbots held Afterwards the Statute of 1 Edw. 6. gave all Colledges to the Crown but there is in it no Clause of Discharge of Tythes The Parson Libelled in the spiritual Court and the Farmor of the Lands of the Colledge of Maidston in Kent brought a Prohibition upon the Statute of 31 H. 8. The Court was clear of opinion that the King had the Lands of the Colledge by the Statute of 1 E. 6. and not by the Statute of 31 H. 8. But the Justices doubted the Lands comming to the King by that Statute whether they should be discharged of Tythes by the Statute of 31 H. 8. there being no Clause in the Statute of 1 Edw. 6. for dicharge of Tythes but it was Resolved by the Justices that unity without Composition or Prescription was a sufficient discharge of Tythes by the Statute of 31 H. 8. 557. Action upon the case for that the Defendant made a Conigree in his own Lands and that the Conies entred into the Plaintiffs Land and destroyed his Corne Resolved that the Action did not lye because they were not the Defendants Conies when they were out of his Warren But in that case it was holden that the Erection of a Conigree or a Dove Cote was presentable in a Leet and finable there 558. Note Resolved in the Court of Common Pleas by the Justices there That an Information doth not lye upon the Statute for Tanning of Leather but only in the Courts of Record at Westminster and not in any other Inferior Courts The Queen and Hussies Case 559. Tenant in Tail of an Advowson the reversion to the King in 32 H. 8. granted it to the King and his Heirs the King granted the Advowson to the party presented Tenant in Tail dyed without Issue the Church became void Resolved that the Advowson did passe out of the Kings Reversion after the estate Tail was determined and that a Quare Impedit brought by the Queen did not lye But in this case it was Resolved That a double presentation would not put the Queen out of possession if she had had Right Nevill and Barringtons Case 560. After Issue joyned in an Ejectione firme and the Jury at the barre ready to try the Issue A Writ was brought to the Justices not to proceed Regina inconsulta in the Nature of Aide and after great debate the same was allowed by the Court Vide aide in personal actions 2 R. 313. Fennor and Plasketts Case 561. It was Resolved in this case That if the Husband distrain for Rent due to the Wife dum sola fuit and Rescous be made he alone may have a Writ of Rescous or at his Election joyne his Wife with him in the Writ 562. A Rescous was returned without shewing the place where Rescous was and the party was discharged Hinson and Baradges Case 563. If the Jury challenge the Sheriff and the challenge be confessed although the Jury be removed and a new Sheriff chosen Yet Resolved The proces shall go to the Coroners 564. It was Resolved in this case that Ejectione firme doth not lye de pecea terrae Hollman and Collins Case 565. A Judgment in the Court of Plimouth was reversed because the stile of the Court was Placita coram I. Majori c. and did not say secundum Consuetudinem villae nec per litter as Patentes c. Kelsick and Nicholsons Case 566. Two Executors were and one of them gave the Obligation to a Stranger for the payment of his own Debt and died The survivor brought Detinue It was adjudged the Action did not lie Sowel and Garrets Case 567. A devise was made to the Son and if he die without Issue or before his age of 21 years it shall remain to another the Son had Issue but dyed before 21. years Adjudged the Son should have the Land and not he in the Remainder and in that Case Ou was construed for Et. Buckler and Harvyes Case 568. The case is very long but this in effect Tenant for Life the Remainder in Fee Tenant for life made a Lease for years the Lessee entred Tenant for Life granted the Tenements to C. Habendum the Tenements from the Feast of Mich following for Life the Lessee for years attornes C. enters and makes a Lease at Will to whom the Tenant for Life
any essence and also because the possibility of the Wife was included in the Fine Ferry and Redings Case 718. Two were bound in a Statute to make such assurance as should to devised by the Conusee or his Councell upon Notice Assurance was devised and notice thereof given to one of them who refused but no Notice was given to the other It was Resolved that by the Refusal of one of them the Statute was forfeited and should bind both of them Strangewayes and Hicks Case 719. The Defendant knowing that the Plaintiff was an Enfant within age procured him to enter into a Recognizance of Debt to him for wares bought of him and for this the Defendant was fined in Star Chamber 100 l. and Imprisoned Lewes Case 720. He being Clark of the Assises in the County of S. and hearing his Deputy reading an Indictment of Murther the 31. day of June whereas June hath but 30. dayes and because he did not discover the same to the Justices of Assise before the Tryal of the person for that cause he was fined in the Starre Chamber 40 l. and the Judgment and execution of the party respited Rosses Case 721. A. levyed a Fine to the use of himself for life the remainder to his Excecutors untill they have levyed 300 l. for the performance of his Will and dyes The Executors permit a stranger to enter who receives greater profits then will pay the 300 l. afterwards the Excecutors enter and make a Lease for years Resolved that the estate of the Excecutors was determined by their own negligence and although the words of the Will are they shall have Levyed It is intended untill they might conveniently have Levyed the 300 l. 722. King Hen. the 8. Mortgaged certain Lands to Citizens of London upon condition of Redemption by payment of the money by the King to them They did not demand the money at the Receit of the Exchequer which was so found by Office It was the opinion of the Justices that the King might enter upon the Land Wherefore the Mortgagees and their Heirs were compelled to compound de Novo with the Queen for the Land and paid ten years purchase and took new grants from the Queen of the Lands Townsend and Kingsmills Case 723. Ejectione firme The Defendants pleaded that the Dean and Canons of Windsor was seised and made a Lease for years and the Lessee assigned the Terme to the Defendant who was possessed till the Lessor of the Plaintiff ousted him and disseised the Dean and Canons and made the Lease to the Plaintiff The Plaintiff Replyed and confessed the seisn and Lease of the Dean and Canons and made title to the Terme by the assignment made by the Lessee to his Lessor before the assignment to the Defendant and Traversed the disseisin It was the opinion of the Justices that the Traverse was not good because he confessed and avoyded and also Traversed Vide Helyors Case before pl. 709. Barres Case 724. Information in the Exchequer against divers Merchants some Aliens some English After issue the Aliens prayed tryal per medietatem Linguae It was denyed by the Court because the English who were Defendants could not have that tryal Lewen and Coxes Case 725. A. seised of Lands in Fee devised them to his 2. Sons equally and their Heirs If it was a joynt estate in them or they were Tenants in Common was the Question It was said the words equally had 2. significations in the one it referreth to the estate in the other to the quantity of the Land It was said in a Devise of Lands to 2. equally they were joynts But if a Devise were to 2. and their Heirs equally or part and part like it is a Tenancy in Common At last after long debate it was adjudged it was a Tenancy in Common and so it was affirmed in a Writ of Error in the Exchequer Chamber upon the opinion of 4. Judges against 3. of them Lovedon and Windsors Case 726. Quare Impedit the Case was L. had 2. Presentations and W. the 3. of Inheritance perpetual L. presented P. who was Institute and Inducted and afterwards in the time of Queen Mary was deprived because a Married man wherefore he again presented D. who was Inducted Afterwards P. was restored with Declaration that he had good Title Afterwards P dyed W. presented H. L. brought the Quare Impedit It was adjudged for the Plaintiff because the sentence declaratory for the restitution made a nullity in the deprivation of P. and upon that P. was restored without new Presentation and so avoyded the Incumbency of D. and so L. had good Title to present as his second Turne and W. had no title to present as yet 727. Upon the Statute of 39 Eliz. Cap. 6. Of Charirable uses these poynts were Resolved by the Justices 1. That although the Bishop of the Diocesse be a Commissioner by the expresse words of the Act yet it is not necessary that he be present at the execution of the Commission but if it be directed to him and others they may proceed in it without the Bishop but it must be directed to the Bishop else it is void 2. If it be directed sede vacante the Metropolitan is not to be named in it because he is not Bishop of the Diocesse and if a Bishop be made before the Execution of the Commission the same doth not take away the force of the Commission 3. If the Commissioners decree a Lease or Feoffment to be void it is void in interest and estate and if the Lord Chancellor c. after decree the estate good it is again good in interest but the Chancellor cannot make any decree in it if the former decree of the Commissioners be not against equity 4. If a Lease be made in deceit of the Charitable uses which is assigned to one who hath not notice of it for good and valueable Consideration The Commissioners have power to decree the Assignment void 5. The Commissioners may decree the mean profits long time before taken to be repaid by the party his Excecutors or Administrators and had received the and misimployed them as well as they may the profits which are to come 6. The Commissioners cannot by decree estabblish a Corporation of Churchwardens or others to take for Charitable uses but they may Decree Land to a capable body Politique without danger of Mortmain be the Land holden in Capite or not because the Queen is bound by the Statute Yet afterward the Justices altred their opinion in one of the poynts viz. That they could not decree the Lease or estate void of one who came in without Notice and upon good Consideration Druries Case 728. The Case shortly put was this A Countesse being a Widdow retained two Chaplins and afterwards she retained a third Chaplain which third Chaplain purchased a Dispensation to have two benefices with Cure his first benefice being of the value of 8 l. per an It was Resolved after long Argument that
he was not a person Qualified to take two benefices within the Statute of 21 H. 8. of Pluralities It was agreed that a Countesse a Widdow had power to retain two Chaplains who might purchase Dispensation for plurality But when she had once retained two she could not retain a third Chaplin who might purchase Dispensation within the Statute and therefore in the principal Case the Retainer of Priory being the third Chaplain was not good nor his dispensation good and so the Queen for want of Presentation of the Patron and Ordinary had good title to present Oldbery and Grogonds Case 729. Debt upon an Obligation for payment of certain money at a day certain The Defendant pleaded that the same was agreed to be paid for the Resignation of a Parson of his Benefices to the intent another might be presented unto it and so upon a Symoniacal agreement The Court held it no plea for that an averment shall not be that it was to be paid for other cause then the Obligation expresseth Agor and Candishes Case 730. An information was brought in the Exchequer by an Informer tam pro Domina Regina quam prose ipso upon the Statute of 8 E. 4. cap. 2. of Retainers and Judgment was there given the Informer to have one Moyety of the forfeiture and the Queen the other Moyety Error was brought upon the Judgment and assigned for Error that the Statute limits the party to sue in the Kings Kings Bench and divers other Courts but speaks not of the Exchequer It was the opinnion of the Justices that for that cause the Judgment was erroneous as to the Informer only Then it was moved that the Judgment might be and stand good for the whole forfeiture to the Queen for it was said that a Judgment might be reversed in part and stand for the other part and divers Presidents vouched to that purpose But the Court was of opinion because the first Judgment gave but a Moyery to the Queen this Court had not power to give more nor encrease it but only had power to affirme the Judgement Boddy and Hargraves Case 731. Debt upon a Lease for years was brought against the Administrator in the Debet detinet It was adjudged well brought because the Rent was encreased in the time of the Administrator himself But it was said That in all Cases where the Executor or Administrator brings an Action for a duty Testamentary it ought to be only in the Detinâ—t because the duty demanded ought to be Assets Layton and Garnonces Case 732. A man recovered Debt in Co. B. and had Judgment and he took forth Processe and the party was taken upon a Capias utlagatum within the year after the Judgment upon Processe continued without any discontinuance against him It was adjudged in this Case that he should be in Execution at the suit of the party without prayer because the processe was continued Parker and Sir Ed. cleeves Case 733. The Case was A. seised of three acres of equall value conveyed by act executed two of them for the Joynture of his Wife and the third he conveyed by act executed to the use of such persons and of such estates as he should declare by his last Will afterwards he devised the Land to one under whom the Plaintiff claimed In this Case it was amongst other poynts Resolved that he could not devise the Land because he had Conveyed two parts before by act executed in his life time Sydnam and Courtneys Case 734. Sir George Sydnam possessed of divers Leases for years gave them to his Daughter who was the Wife of C and to the Heirs of her body and if she dyed withot Issue that they should remain to such person of Combe Sydnam which Combe Sydnam he devised to his Cosen and his Heirs males in default of the Issue of the body of his daughter There was a Clause in the Will that his daughter should not alter the Leases but that they should remain according to the Will and made his Daughter his Executrix and dyed C. caused the Daughter to enter upon the Leases as Executrix and so waive the Legacy and afterwards the Daughter dyed without Issue Then C. caused an Administration to be taken of the goods of Sir George Sydenham which was at the Costs of C. and then to convey over the Leases to C. The Heir of Sir Geoâ—ge complained in Chancery and the Leases decreed unto him for the two fraudes which were used by C. in the Obliging of the Leases because the Daughter had them upon special trust and although it was said in this Case that the entail of the Leases was not good yet because there was a trust in the Daughter and expressed in the Will It was said the parties were compellable to execute the Trust and the Lord Chancellour resembled it to the Case where an Assignment was made of a Lease upon an expresse Trust to one and the Heirs of his body and afterwards to another and the Heirs of his body and the Assignes were Compelled to execute the Trust and to suffer the Issues in Tail to take the profits of the Lands The Countesse of Waâ—wicks Case 735. The Case was A. seised in Fee enfeoffed I. S. who dyed without Issue having Issue M. his Sister and Heir of the whole blood and T. of the half blood their Father being long before attainted of Felony dyed seised M. entred and enfeoffed the Countesse The point was if the Corruption of the blood of the Father had disabled the Course of discent and Inheritance between the Brother and Sister Quaere not Resolved Sprakes Case 736. A Copyholder makes a Lease for years Resolved that the Lessee may maintain Ejectione firme though the Lease be not warranted by the Custom Fisher and Smiths Case 737. Note It was Resolved in this Case That if a man plead a Bargain and Sale in which no consideration of mony is expressed there it must be averred that it was for mony and the words for divers considerations will not imply mony but if the deed be for a Competent sum of mony though the certainty of the sum be not expressed it is good enough Worsloy and Charnocks Case 738. A Statute Merchant was by Mâ—ttimus removed out of the Chancery in C. B. an execution awarded there super tenorem Recordi Resolved 1. That Error lyes in B. R. although the Original be in the Chancery and the Execution in C. B. 2. Resolved that in that Case the Conusor cannot alledge for Error that the Statute wants one of the Seales that ought to be to it because he hath admitted the same in C. B. 739. Debt in B. R. upon Mutuatas for 50 l. the Defendant pleaded an Attachment in London and had found pledges and because the pledges were not put in at the day of the last default but at another day it was holden No plea and Judgment was for the Plaintiff Washington and Burgons Case 740. It was holden by the
A. granted a Rent to B. and his Heirs for the Life of I. S. B. devised the Rent to I. D. The Rent was behind I. S. died I. D. avowed for the Rent It was Resolved in this Case that by the Common Law such a Rent was not deviseable but by the Statute of 32 and 34 H. 8. it was though but a Freehold discendable 2. Agreed that no general Occupant could be of it and they held that if it be deviseable by Custome the devise did prevent the Occupancy Web and Webs Case 814. It was Decreed in Chancery in this Case That the Terre-Tenant should be compelled to pay a Rent seck devised by Will out of Land notwithstanding no seisin was had of it Sir Charles Rawleighs Case 815. A. seised of Curson Park executed an estate of it to the use of himself for Life and to the use of D. his Wife for life so long as she should be effectually ready to demise it to his Heir at 50 l. Rent when she should not dwell on ir her self and for so long as she should not dwell upon it A. dyed B. his Son entred because D. did not dwell upon it but removed with Sir Charles Rawleigh her Husband into Darset sheet and did not demise the Park to him 50 l. Rent There were many points in this Case but none of them particularly Resolved 1. If the Husband D. had taken was bound to performe the demise 2. If her taking of Husband had disabled her to make the demise 3. If she being a Feme Covert had made the demise which was void in Law if she had performed the Condition 4. If the Husband and Wife had joyned in a demise if that had been a performance of the Condition the words extending to her alone 5. If the Heir B. ought to demand the demise or D. the Wife ought to offer it 6. If the demand ought to be by word or by tender of a Writing with a Reservation of 50 l. Rent Agars Case 816. It was agreed in this Case That the Queens Attorny might have an Information in the Star Chamber against a Receiver of the Queens Rent for a perjury supposed in advantage of the Queen and so might any other person assigne perjury in an Oath for the advantage of the Queen if he be greived by it 2. That perjury is assignable at an Inquest of Office as a Misdemeanor but not upon the Statute of 5 Eliz. Wants Case 817. It was holden in Star Chamber in this Case by the Justices That a Libeller is punishable there although that the matter of the Libell be true and so is he who disperseth Libells although he doth not know the effect of them nor ever heard them read 818. Note it was said and agreed That if one exhibits an Information in the Star Chamber but as a Common Informer for a Misdemeanor although he hath not any particular grief and dyeth his Executor or administrator shall not Revive it by a Bill of Reviver but the Kings Attorney may Revive the Bill Carewes Case 819. A Justice of Peace was censured in the Star Chamber because he going to a place to view Riotors and to remove the force and the offenders being gone before his comming he was requested to go to the House where they were and he refused to do it Gellibrand and Habards Case 820. Gellibrand was sentenced in the Star Chamber for levying a Fine by the name of Gellibrand who was then beyond the Seas affirming himself to be the same person and the sentence of the Court further was that the Fine so levyed by him should be vacated upon Record 821. The Case was King Hen. 3. Anno. 41. of his Raign by Letters Patents did recite whereas R. N. held of him by money Rent Corne Cheese and Soccage Tenure he granted to him that from thence forth he should hold by 4 s. Rent and by Knights service for all services The point was if this acceptance of the Patent should make a Tenure by Knight service It was the opinion of the Justices that it did not unlesse the estate of the Land was then in the King because the King might discharge the services either in part or in all by his Patent but could not reserve services of a new nature where he did not give the Land Anthony Mildmay and Mildmays Case 822. Sir Walter Mildmay the Father in consideration of Love and Affâ—ction Covenanted to stand seised of Lands to the use of himself for life without impeachment of wast the remainder to A. his Son and the Heirs males of his body the remainder to H. and the Heirs males of his body Provided if any of the said partes shall go about to resolve determine or devise to do any act or shall consent to any act whereby the estates of them in remainder shall be aliened discontinued barred c. then his remainder shall cease as if he were naturally dead The Father dyed A. entred and suffered a Common Recovery Resolved that the Proviso was against Law and an estate Tail could not cease as if Tenant in Tail were naturally dead Wells and Fentons Case 822. A. seised in Fee executed an estate to the use of himself and his Wife for life the remainder to such Woman as he should afterward marry which should survive him the remainder to B. his Son in Tail his Wife dyed he took another Wife and they both reciting the former Conveyance granted the Lands to I. S. for 40. years by Fine if A. and his Wife or any of them should so long live Afterwards A. dyed the Wife entred It was the opinion of the Court That the Wife was barred of the possibility by Estopel and yet they agreed the Case that if a Lease be made for life the remainder to the right Heir of I. S. and the Heir Levies a fine in the life of his Father the same shall not bar the possibility Peck and Channells Case 823. A. seised in Fee devised the same to a Woman for life the Remainder in Tail to B. his Cosen the Remainder to his right Heirs the Woman and B. entermarried and levyed a Fine with Proclamation with a Render to them and the Heirs of the body of the Husband and after they suffered a Common Recovery of the Husband and his Heirs who enfeoffed the Defendant and dyed without Issue Resolved the Fine did not make any discontinuance because the Conusor was not seised in Tail in possession but in the right of his Wife and the Recovery did not bar the Issue in Tail nor the Remainder because the Tenant was in of another estate to whom the recompence was and not of the estate Tail anciently devised Rayman and Golds Case 824. A man possessed of a Terme for 80. years devised that after the death of his Wife who he made his Executrix his two Sons B. and C. shall have the whole profit of my Farm and the longest liver of them shall appoint who shall have the
Tenant in tail became Officer yet that Land shall be sold by the Queen 2. When an Officer is endebted to the King and his Land subject to be sold by the Act 13. Eliz. and he to prevent the sale of the Queen and to evade out of the Act makes a conveyance of his Lands to his Issues or others of his Blood in consideration of natural affection that such conveyance shall not be good not said to be Bona fide within the Proviso of the Act of 39 Eliz. but that the Queen may sell the Land for so much of her debt as was due before the conveyance 3. If the Officer or Debtor of the Queen after 39 Eliz. be Tenant in tail or hath power of Revocation there the Queen may sell the Land by the Statute of 39 Eliz. and if any such Officer or Debtor before 39. Eliz. and and after 13. Eliz. had made any conveyance to his Issues or Blood without valuable consideration especially if it be with power of Revocation that Land may be sold by the Queen by the Statute of 39. Eliz. Adams and Lamberts Case 848. A man devised Lands to his Brother for Life the Remainder for Life the Remainder in tail upon condition to find a Chaplain for ever to pray for Souls and for the Souls of all Christian people to celebrate Mass Annusaries and other Superstitious uses and if they failed to perform the Uses then he devised the Remainder for eight years to an Hospital and because he doubted the profits of those Lands would not suffice he devised other Lands to supply them upon condition that if they aliened or let the Land to the prejudice of those in the Remainder they should presently enter and to be seised to the said uses It was resolved 1. That the Devise of Land to find a Priest c. was a Superstitious use 2. That although one of the uses was uncertain and no certain Sum limitted to it 3. That although the Devise was for the Sustentation and Maintanance of poor men yet the Limitation to them to pray for Souls was a Superstitious use because they depended upon the Superstitious uses and therefore it was Resolved in this case that all the Lands were given to the King by by the Statute of 1. Eliz. of Chaunteries Salway and Wales Case 849. It was holden by the Justices That if a man makes a Deed of Feoffinent in December and after and before Livery executed the Feoffor sells the Land by good assurance to another and after that the Feoffee takes Livery and Seifin of the Feoffor it is Forgery in the Feffor and the Feoffee So if the Feoffee causeth Livery to be endowed generally upon the Deed without a special day of making the Livery the Indorsement is Forgery Mouse and Weavers Case 850. The case was A. after a Recovery in an Assize in the Court of the Mannor of Isleworth and before Seisin delivered by the Bayliff of the Mannor bought the Copyhold by Surrender It was adjudged maintenance within the Statute of 32. H. 8. But it was holden by the Justices that if one recover Land and be in possession by Writ of Seisin he may sell the same although he nor his Ancestor or other by whom he claims was in possession by the space of a year next before And in this case it was holden by the Justices that a Clerk or Attorney in one Court cannot sollicite a Cause in another Court although it be for the same matter which was in his own Court Pollard and Moretons Case 851. It was Resolved in this case that a Justice of Peace coming to remove a Force may take posse comitatus with him 2. Resolved if one entreth into an house where no man is in the house with armed men or company unusual the same is a forceable entry Whetstone and Mintons Case 852. A. a Citizen of London seised divers Messuages in the Parish of St. Mary Sommerset in Queen-hith London 25 H. 6. devised the same to his two Daughters in tail and for want of such Issue to the Parson and Churchwardens of St. Michael and their Successors they yearly holding and making an Anniversary in the Church for the Soul of him and his Wife paying 6 s. 8 d. yearly amongst the Chaplains and others there and if the Parson and Churchwardens were remisse in holding Anniversary then the Parson and Curchwardens and Successors for that time should pay 20 s. of the Uses of those Lands Nomine poenae to the use of the Chamber of London The Devisor died the Land being of the yearly value of 10 l. 3 s. 4 d. The Daughter 's died without Issue the Parson and Churchwardens entred and took the profits and held the Anniversary and paid yearly the 6 s. 8 d. amongst the Chaplains c. et non ultra The Statute of 1. Ed. 6. of Chaunteries was found The sole Question in this case whether the Land or Annual Rent were given to the Crown by the Statute of 1 Ed. 6. of Chaunteries It was Resolved by the Justices in this Case that only the Annual Rent of 6 s. 4 d. was given to the Crown by the Statute and not the Lands for they said it had bin often adjudged that where a stipend was appointed to an Anniversary Obit Legacy c. there although the Land was given in the Premises the Crown should have but the stipend and in this case the intent of the Devisor was clear that the Parson and Churchwardens should have all the profits over and above the 6 s. 4 d. yearly to their own use Grills and Rigewayes Case 853. The case was A man was in Execution for debt and brake Prison and escaped The Sheriff made fresh Suit and retook him It was adjudged in this case no escape and it was holden that if the Prisoner who escapes be out of his sight yet if the Sheriff or Goaler take him upon Fresh Suit in recenti persecutione he shall be in Execution again 854. Note it was Resolved by the Justices that the breaking of a Dwelling-house in the night to the intent to rob or kill any one is Burglarie although that no person be in the house and if a man have two houses of Habitation which he dwells in by turnes if a Thief in the night breakes the house in which the person is absent it is Burglarie Austin and Twynes Case 155. It was Resolved in this case if two Churches one of the value of 10 l. and the other of 8 l. be within one mile of another the Ordinary may consolidate them and if the Patron and King confirm it the consolidation is good by the common Law and by the Statute pf 37 H. 8. 856. The King made the city of Gloucester a County with a clause of exemption from the County of Gloucester and of the power of the Officers of the County saving to the King and his Heirs Liberty for their Justices of Assize Goal-delivery and keeping Sessions there
King cannot pardon Murder by pardon of feloniam feloniacam interfectionem without a special non obstante of the Statute 980. Resolved by the Justices that if an Executor pay a Debt due upon a present Obligation it is no Devastavit though there be a Statute or Recognisance broken for not performance of Covenants Ellis and Warâ—es Case 981. Debt The case was W. was endebted to A. 100 l. upon an usurious contract and A. was endebted to E. the Plaintiff 100 l. a just Debt for which W. and A. were bound to E. In Debt brought upon this Obligation W. the Defendant pleaded the Usury betwixt him and A. The Plaintâ—ff said that before that bond upon usury W. was indebted to him and bound for his debt and that he knew not of the usurious Contract betwixt W. and A. It was Resolved the Obligation made by W. the Defendant was a good bond pro vero debâ—to and that it was not usury in the Plaintiff and the usurious Contract betwixt W. and A. should not prejudice the Plaintiff Hall and Trusseâ—ls Case 982. Debt brought against the Defendant the Defendant pleaded an Attainder of himself after the debt due to the Plaintiff adjudged no plea. Oldcot and Levells Case 983. It was Resolved in this Case That a surrender by Tenant in Tail of a Copyhold was not a Discontinuance Also that a surrender by Tenant for life to the use of another in Fee was not a forfeiture 984. Note it was holden by the Court That if one will turn the extent upon the extendors for extending the Lands or goods at too high a Rate he must do it at the first day of the Return or not at all Griffith and Smiths Case 985. A man possessed of a Term for years of a Rectory and Lands devised the profits thereof for so many years as he should live and after he devised the profits to 20. of his poor Kindred and that after the death of his Wife the Rectory should be let by the advice of his over-seers and the Rent distributed to his said poor Kindred and made his Wife his Exâ—cutrix It was Resolved in this Case by all the Justices in the Exchequer Chamber that although a devise of the profits is a devise of the Land it self if there be no other circumstance in the Case yet because in this Case the devisor hath declared that the poor Kindred should not have the property oâ— the Term and he appoints a Lease to be made for Rent and the Rent to be distributed amongst them that the Executors should have the Term upon the Consideration to make the Lease and distribution and that the poor Kindred had only Trust and no Interest in the Term. 986. A man having spent his estate and living in great necessity said to his Wife that he was weary of his life and that he would kill himself The Wife said that then she would dye also with him he prayed her that she would go and buy Ratsbane and they would drink it together which she did and put it in drink and both of them drank of it the Husband dyed but the Wife recovered by vomiting Quâ—re if it was Murder in the Wife Not Resolved Baker and Bacons Case 987. The King having by the Statute of Dissolution all the Tyâ—â—es within St. Edmonds-Bury granted omnes decimaâ— nostras grandrum soem es in Buâ—y Sancti Edmundi Ac omnes alias decimas nostras infra Bury praedict ' quas Eleemosynaâ—â—us monasterii praedicti colligere solebâ—t Resolved that the Tâ—thes passed which the Almoner used to collect and that the Relation is to be expounded to the ac omnes alias decimas and not to the whole sentence 988. Note Tr. 2 Jac. in the Star Chamber It was Resolved by all the Justices of England that the Deprivation of â—uritan Ministers by High Commissioners for their refusal to conforme themselves to the Ceremonies appointed by the late Canons was Lawfull because the King hath the supream Ecclesiastical power which he hath delegated to them by which they had power of the Deprivation by the Canons of the Realm and the Statute of 1 Eliz doth not give them any new power but explaines and declares their ancient power 2. Resolved that the King may without Parliament make Institutions for the Government of the Clergy and may deprive them if they do not obey them and so the Commissioners may deprive them but they cannot make any Institution without the King 3. Resolved that to frame Petitions and to collect hands of multitudes of people to prefer to the King publike causes is an offence finable at discretion and deserves the punishment next to Treason and Fellony because it tends to raise Sedition Rebellion and discontent amongst the people 989. It was Resolved by all the Justices of England That Clergy is not allowable for Piracy upon an Indictment upon the Statute of 28 H. 8. unlesse the Piracy be done in a Creek in which the Common Law before the said Statute had Jurisdiction but not if it be done in alâ—o mari for such is felony by the Civil Law in which no Clergy was allowed 2. Resolved if the King pardon all Felonies by the Common Law or any Statute Felony done super altum mare is not pardoned Adyn and Ayâ—es Case 990. A Fieri sacias went to the Sherâ—ff â—o do Execution he seised certain Wood and after 〈…〉 discharged of his Office he â—old the Wood for satisfying the Execution It was adjudged that the sale was good upon the Statute of 34 H. 6. cap. 5. because he was charged with the value Sheldon and Handburyes Case 991. A Woman in the time she was separated from her Husband got a sum of money and with it bought Lands and took an Assuâ—ance thereof in the name of B. in trust B. lying sick at the request of the Woman made a Lease for 200. years to S. the Plaintiff upon condition he should pay the profits to the said Woman and also if B. lived to the first day of June following and then paid 12 d. to S. the Lease should be void B. lived to the day but did not pay the 12 d. but afterwards for 100 l. he made Lease to the Defendant with Covenants to save the Lessee from all Incumbrances B. dyed S. not having notice before of the Lease made to him entred It was the opinion of the Justices in this Case that the Lease made by B. to S. at the request of the Woman in part of the performance of the Trust was not a fraudulent Lease within the Statute of 27 Eliz to defraude purchasor because he was in Conscience to perform the Trust to one who did not direct any second sale also at the time of the second Lease the power to revoke was void and the first Lease absolute Holder and Farleyes Case 992. Resolved that if a Woman be dowable of a Copyhold by Custome if the Husband after the Marriage make a Lease for years
a Libell or false Rumor although he produceth his Author yet he is fineable Damuâ—'s Case 1038. The Case was I. S. was indebted to M. 1800 l. upon a Statute who dyed Intestare A. his Wife took Administration of his goods and married B. and during her Coverture made her Will by which she appoinâ—ed to her Kindred 400 l. in Charitable uses Proviso if any crosse in Law or losse of the said Debt of 1000. should arise it should fall upon the last 900 l. mentioned befor the Proviso of which 900 l. the 408 l. the Charitable use was the last A. dyed Administration de bonis non c. of M. was committed to D. which had of the Debts 2000. besides the 1800 l. upon a Commission upon the Statute of 43 Eliz. of Charitable uses against D. it was Decreed for the Charitable uses to which Exceptions was taken 1. That A. had not power to make a Will of this Debt 2. That the 2000 l. were desperate debts 3. That there was a crosse in this Debt there being a Suit by the next of Kin to revoke the Administration committed to D. Vpon the exceptions it was Decreed in Chancery with the Assistance of the Judges 1. That though the Will of A. was void in Law yet it would serve by the Statute if there was assers of that estate or of the estate of A. her self to support the Charitable use For the goods in the hands of Administrators are all to Charitable uses and it is the Office of the Administrator so to imploy them and the Children or Kinred have no property in them but under the Title of Charity 2. Because it appeared that at the time of the making of the Decree that the estate would bear both the Legacies and the Charitable use also with an Overplus and if any of the debts of the 2000 l. became desperate it was by the negligence of the Administrators and should not retard the Charitable use The King and Howards Case 1049. In this Case these points were Resolved by the Justices 1. A man makes a Feoffment of Lands in 5. Counties with a Condition of Re-assurance a Re-assurance is made of Lands in 5. Counties It is a breach of the Condition but only for the Lands in one County and a good performance for the other 2. Tenant in Tail Remainder in Tail Remainder in Fee he who hath the Remainder in Fee grants it to the first Tenant in Tail this acceptance of the Deed is an Attornement which shall bind those in the Remainder â— If an Act of Parliament be certified into the Chancery no averment shall be against it that it was not an act of Parliament because the Commons did not assent to it but with a Proviso which is lost but if it appeaâ—eth in the body of the Act that the Commons did not assent the Act is void The Case of the Commissioners of Sewers 1050. Upon complaints against diveâ—s ill disposed persons of Suits and vexations by them against the Commissiâ—ners of Sewers and their Officers for the counties of Northamoâ—â—â— Huntingdoâ— Cambridge and Lincoln It was holden by the Lords of the Council the Commissioners of Sewers may make new works as well to stop the fury of the waters as to repaire the old when necessity requires it 2. That for the safety of the Country they may lay a Tax or Rate upon any Hundreds Towns or Inhabitaâ—ts thereof in general who are interessed in the Benefit or Loss without attending a particular Survey or Admeasurement of Acres when the Service is to have a speedy and suddain execution 3. That they have sufficient power to imprison Refractory and Disobâ—dient persons to their Orders Warrants and Decrees and that Actions of Trespass False Imprisonment c. brought against the Commissioners or their Officers for extremity of their Order or Warranty are not maintainable nor will lie Goodson and Dâ—ffâ—â—dâ— Case 1051. Error of a Judgment in a Court of Pipowders in Rochestâ—r The case was A. dwelling in the Town was bound to pay B. 150 l. the first day of May at the House of B. in Rochâ—ster the Bond was sued there 24. September in the Court of Pipowders the Defendant pleaded payment at the House Issue upon it It was found for the Plaintiff Error brought and assigned that the Prescription was alledged to hold a Court of Pipowders before the Mayâ—r and two Citizens and by the Plea it appeareth it was holden before the Deputy of the Mayor and two Citizens The Court held the same to be Error 2. Error The Issue was misjoyned for the payment is alledged at the House of the Plaintiff in Rochester and it ought to have been pleaded apud Rochester in domo mansionali of the Plaintiff This the Court conceived to be Error and the Judgment was reversed Billingsby and Hercys Case 1052. A Demise was made of Lands in D. for years by the word Demise and to Farm let the Mannor and also all Timber Trees growing upon the same with an exception of six Oaks during the Term the Term was assigned to a Feme Sole who took Husband the Plaintiff and they assigned all their Interest to the Defendant reserving the Wood and Trees the Husband died his Executors cut down the Trees the Wife brought Trespass It was adjudged the Action did not lie because no propriety in the Trees passed by the words Demise Grant and to Farm Let though there was Liberty to Fell and Sell. Price and Almeries Case 1053. A possessed of a Term for Forty years devised the same to his Wife if she should live so long the remainder to I. his Son and the Heirs of his Body and made his Wife his Executor who entred and claimed the Term as a Legacy the Son died in the Life of the Wife the Wife died the Executor of the Son entred Adjudged his Entry was not lawful because the Son had not any Interest but a possibility Edwards and Dentons Case 1054. A man seised in Fee of the Mannor of D. and of an house called W. in D. and also of a Lease for years in D. by Deed did grant bargaine and sell the Mannor of D. and all his Lands and Tenements in â— to I. S. and his Heirs It was adjudged that the Term for years did not pass for the intent appears that nothing shall pass but that which the Heir might take for that the Habendum was to him and his Heirs Sir William Waller and Hangers Case 1055. The case was King Ed. 3. reciting that he had of every 10. Tun of Wine imported a tun and of every 20. Tun two Tuns one before the Mast and another behind the Mast granted to the citizens ef London that Nulla prisagia sint soluta de vinibus civium liberorum hominum London The Husband of the Defendant a Freeman and citizen of London having Wines in the Port and others upon the Sea died and made his wife his Executrix An Information was against her
Presidents cited to that purpose Apsleys Case 1067. He was brought by a Habe as corpus to the Bar It was returned that he was committed by the Court of Chancery for a contempt to the Court Resolved he should be discharged vide 9 Eliz. Astwicks case accordingly vide 13 Jac. Allen and Woods case Allen was committed to the Fleet by the Lord Chancellor for a contempt in not performing of a Decree and upon that Retorn the Court refused to deliver him Deytons Case 1068. He was committed to the Fleet by the High Commissioners for not performing of the Orders in the Common Prayer and for refusing to answer to Articles exhibited by the Commissioners unless he might have a copy of the Articles Resolved he should be delivered because the Statute upon which he was sued in that Court is penal and also because perhapps the High Commissioners had not jurisdiction of the cause Brokes Case 1069. He was committed by the High Commissioners to the Fleet because he refused Alimony to his wife and that being returned upon an Habeas corpus he was delivered Isaack and Clerks Case 1070. Action de Trover and Conversion The case was A recovery was against A. in the Court of E. and a Precept in the nature of a Fieri fac directed to the Defendant Bayliff of the Court who took three Butts of Sack in Execution The Plaintiff came to the Defendant and delivered him 22 l. in a bag as a pledge that the three Butts should be delivered to the Defendant the next Court day there upon Request if the Plaintiff who recovered should not in the mean time be satisfied at the next Court the Butts were not redelivered nor the first Plaintiff satisfied nor any Report made It was Resolved that there was no Conversion in this case for although prima facie Denyer is a conversion of money yet when the mony is delivered as a Pledge it is a special bailment and Denyer in such case is no conversion 2. That the Plaintiff had no cause of Action because the three Butts being not Re-delivered the Defendant might detain the 22 l. and the Bag for ever 3. There needs no request in this case because the Plaintiff at his peril is to cause them to be delivered before he is enabled to have his mony again It was adjudged for the Defendant Ford and Hoskins Case 1071. Action upon the case that the custom of the Mannor of B. was that every Copyholder might name who should have his Copyhold and that the Lord ought to admit the Copyholder so named after the death of the Nominator which the Lord refused to do It was Resolved the action did not lie for that the Nominatee hath no right at all the Interest being in the Lord and the Nominatee hath neither jus ad rem nec in re and he shall not draw an Interest to himself from the Lord against his Will and if one hath the Nomination and another hath the Presentation to a Benefice if he who hath the Presentation will not present an Action upon the case will not lie against him Brownlo Cop and Mitchells Case 1072. Assise against the Defendant for a Disseisin made to the Plaintiff of the profits of the Office of making Supersedeas The King directed his Writ to the Justices reciting that he by his Letters Patent had granted the making of Supersedeas to the Defendant and required the Justices not to proceed Rege inconsulto It was argued that the Writ did not lie because the King had not any title to the thing in demand nor could any prejudice come to the King On the other side it was said That in common Right it belonged to the King to make Grants of Offices Ministerial and Judicial unless another made Title to the same by Charter or Prescription and if the Plaintiff had title to the Office or not it is matter of Title for which the King is to have search in Chancery and if nothing be found for the King against the Prescription made by the Plaintiff then a Procedendo shall issue out of the Chancery otherwise if title be found for the Patentee against the Prescription Afterwards the Supersedeas was allowed by the Court and afterwards the matter was ended by composition Keckwichs Case 1073. It was holden by the Justices If an Infant brings Error to reverse a Fine levyed by him and he is inspected and witnesses produced to prove his Infancy though he dieth after before his full Age his Heir may reverse the Fine Gold and Deaths Case 1074. Debt upon an Obligation the Condition was That if the Apprentice shall lose and embessel any of the Goods of his Master and the Master prove the same to be true by confession or other then if the Obligor pay all Sums as the loss shall amount unto the Obligation to be void In the case the Master brought in the confession of the Apprentice himself under his Hand and Seal It was adjudged that it was a good and sufficient proof and it was holden the proof might be in the Action brought Phelps and Winscombs Case 1075. In False Imprisonment The Question was whether a Constable may make a Deputy to arrest one by a Warrant to him directed by a Justice of Peace the constable himself being sick and whether upon the Defendants pleading in such case of the Statute of 7 Jac. cap. 5. he shall have double costs It was Resolved he may make a Deputy and a Deputy is within the meaning of the Statute for he is a Constable pro tempore Smith and Bulls Case 1076. In Assault and Battery The Defendant justified that the Plaintiff entred his Close and that he molliter imposuit manus upon him It was said he ought to shew what estate he had in the Close and that the Plaintiff came there to eject or disseise him otherwise the Justification is not good 1077. Tenant in Tail made a Feoffment in Fee to the use of himself and his Heirs and afterwards made a Lease for years rendring rent and died and the Issue accepted the Rent It was adjudged that the acceptance of the Rent did not continue the Lease because the Issue was remitted to the Tail by discent Roe and Woods Case 1078. It was holden by the Court that whereas the name of the Sheriff was not endorsed upon the tales de circumstanubus that was no cause to stay Judgment because the Statute which gives tales doth not provide for such Retorn and also because it is done in the face and view of the Court and of the Judges and therefore not to be doubted but the Sheriff made the Return Luke and Clerks Case 1079. If the Defendant challenge the Array for Consanguinity of the Sheriff which is found against him and after he challenge the Poles Resolved he must shew cause of challenge of every one of them presently Blandford and Blandford Case 1080. The Grandfather possessed of a Term for years devised the same to his Wife
estate Comyn and Brandlyns Case 1150. A Term for years upon an Elegit was apprized at 100l and delivered in Execution to that value A. scire fac brought to have restitution of the Term because the Plaintiff had levyed the 100l of the profits of the Lands Resolved he should not have restitution but if at the time of the Apprisement and before the delivery he had tendred the money either in Court or in paire he might have Audita Querela Girryes Case 1151. A sentence was given definitive in the spiritual Court in a suit there for Tythes pro triplici valore A Prohibition was prayed A speciall Prohibition was awarded That they should not proceed to the Execution of the Sentence as to the treble value because that Court is not to give the treble value but the double value onely Whitlock and Hardings Case 1152. A man devised his Lands for 99. years and after in the Will were these words viz. Item I give to A. my Daughter all my Lands of inheritance if the Law will permit It was adjudged that A. had a Fee-simple in the Lands although there wanted the word Heirs and the words shall go to the Lands and not to the estate in Construction and it cannot be intended an estate for life which is of no value after 99. years Sir Tho. Simonds Case 1153. The wife libelled against the Husband for Alimony because he beat her so as she could not live with him a Prohibition was prayed but denyed by the Court and it was holden in this Case that the Wife might have the peace against her Husband for unreasonable correction Guy and Sedgwicks Case 1154. A Prohibition was awarded to the Counsell of York because they held plea there by English Bill of a Debt due upon an Obligation which is against the Law and Liberty of the Subject and the King in such case loseth his fine The King and Bishop of Lincolne and Kings Case 1155. The King seised of an Advowson in the right of his Dutchy of Lanc. presented to it under the Great Seal and not under the Seal of the Dutchy And Resolved that the presentation was good for the presentation is but a fruit fallen from the tree and the King may present by word because a presentation is but a commendation of the Clark to the Ordinary Case of the Coheirs of Sir William Rider 1156. Resolved by the two Chief Justices and Chief Baron in the Court of Wards That if a man makes his Will in writing and saies then he will adde to it or alter it it is not his Will because not compleat nor published for his Will But if a man makes his Will and publisheth it and after it comes in his mind to adde to it or alter it and sayes he will so do but dyeth before any addition or alteration of it the first Will shall stand Walter the Dean and Chapter of Norwiches Case 1157. The Case was the Dean Chapter 37. H. 8. made a Lease for 50. years 8. Eliz they made a Lease to I. S. for 99. years to begin after the determination of the Lease for 50 years which expired 38. Eliz. In 42. Eliz. they made a Lease to the Plaintiff for 3. lives reserving rent and a Letter of Atturney to make Livery and Covenanted the Plaintiff should enjoy the Lands against the Lease made to I. S. and all claiming under him Livery was made by the Atturney after 3. Rent dayes encurred Resolved that the Lease was good and the Livery well executed by the Atturney who is not confined to any time to make it 2. Resolved that the Lease for 3. lives was not void by the Statute of 13. Eliz. because the Dean and Chapter who made the Lease for 3. lives were alive and in being and therefore they being evicted by a Judgment upon the Lease made to I. S. Covenant brought by the Plaintiff against the Defendant did well lie and Judgment was for the Plaintiff Adams and Curwins Case 1158. Lessee for years died Intestate the Lessor entred and made a Feoffment Administration was granted to I. S. who entred It was adjudged a good Attornment though at the time of the Feoffment there was no Administrator in esse Hill and Hills Case 1159. The Husband made a Lease for years rendring rent during his Life and the Life of his Wife It was adjudged a good Reservation and shall be during the Life of the Survivor of them 1160. Words spoken of a Jury-man sworn upon Life and Death viz. Thou art a Jury man amd hast been the overthrow of a 100. men by thy subtile and false means It was adjudged that the words were actionable Wilkins and Perrotts Case 1161. A Rent was granted to A. and his Heirs Habendum to him and his Heirs to the use of him and his Heirs during the Life of I. S. It was adjudged but an estate for Life discendable and not a Fee-simple Chaworth and Phillips Case 1162. It was Resolved in this case that if a Lease be made upon condition to be void if 10 l. be not paid at a certain day that the Grantee of the Reversion shall not enter for such a condition because it is collateral 2. If Lessee for Twenty years makes a Lease for Ten years upon condition and the Lessee for Twenty years surrenders to him in the Reversion he in the Reversion shall not take advantage of the condition because he is in of another Estate Watbrooke and Griffiths Case 1163. Action upon the case against an In-keeper he pleaded that it was the custom of the Realm that if a man put his horse to Livery to an Hostler and the horse staid there so long that his meat amounted to the value of the horse that he might call four of his Neighbors and value the horse and if they conceived the meat did amount to the value of the horse that he might detain the horse as his own It was adjudged against the Defendant because there is no such general custom within the Realm but only in London and Exeter Winscomb and Pulisons Case 1364. Quare Impedit The case was the Incumbent lying sick of a dangerous Disease and in apparent perill of death it was corruptly and by Symonie agreed betwixt the Patron and S. that for 90 l. the Patron should present S after the death of the Incumbent or should cause him to be presented the 90 l. was paid and for the Security of the Presentation the Patron granted the next Avoidance to I. S. a person nominated in trust for S. I. S. presented S. who was Instituted and Inducted The King presented the Defendant by reason of the Statute of 31 Eliz. which made the Presentation upon the Symonaical contract void It was adjudged that the Presentation of the King of the Defendant was good by the Statute and that the Grant of the next Avoydance was but in pursuance of the Symonaical agreement I. S. being nominated in trust for S. 2. It was holden in
this case that if S. had died and no other was instituted by the Patron but the Church remained void that the King might Present otherwise it had been if the Patron had presented a new Parson to the Church before the King presented Pym and Gorwins Case 1165. It was Resolved by the Justices in this case that one cannt prescribe for a Seat in the body of the Church for that the Seats there are disposable by the Parson and Churchwardens but for a Seat in an Isle of the Church a man may prescribe because it may be presumed that he or his Ancestors who had house and lands within the Parish had edified and built the said Isle and so it was said it was adjudged in the Lady Grays case Norris and the Hundred of Gawtrys Case 1166. Debt against the Hundred upon a Robbery 9. Octob. 13 Jac. the Teste of the original was 9 Octob. 14 Jac. It was said the Action was not brought within the year for there is but one ninth of October within the year It was the opinion of the Justices that in this case a Fraction of a day should be by devision of time in a day viz. the Robbery committed 9 Oct. 13. post meridiem is within the year of the bringing of the Writ 9 Octob. 14 Jac. in the morning Vide Ludford and Grettons Case Plowd Com. 491. Dawks and Hills Case 1167. Upon an Information upon the Statute of 5 E. 6. an Ingrosser of Chattel justified for a certain number of Chattel and sold upon two several Licenses without distinction how much upon the one and how much upon the other and upon a Demurrer it was adjudged for the Plaintiff Middleton and Lawtes Case 1168. Two Patrons pretended title to present the one presented and the Bishop refused his Clerk He sued in the Audience and had an Inhibition to the Bishop and after there he obtained Institution and Induction by the Arch-Bishop Afterwards the inferior Bishop instituted and inducted the Clerk of the other for which Process issued out of the Audience against him he upon that prayed a Prohibition and a Prohibition was awarded as to the Incumbency because the Ecclesiastical Courts have not to meddle with Institution and Induction for that would determine the Incumbency which is tryable at the Common Law Stewkley and Butlers Case 1169. In Trespass the case was A. seised of the Mannor of D. made a Lease of the Scite and Demeans to the Defendant for three Lives except all Tymber-trees and covenanted that his Lessee should take all Woods Afterwards the Lessor bargained and sold to the Lessee all those the Trees Woods and Under-woods growing within the Mannor viz. within the Grounds called A. B. and C. Habendum una cum omnibus aliis arboribus within the Mannor which may conveniently be spared and the Bargainor covenanted that it should be lawful for the Barganee at all times within five years to enter and cut the Trees and Woods and convert them to their own uses In this case it was Resolved 1. That the Viz. was void for a Viz. may explaine or distribute a thing precedent but not restrain it 2. Resolved that the una cum aliis arboribus in the Habendum should make a new Grant of the other Trees 3. Resolved that the words which followed the una cum cest ' una cum omnibus arboribus within the Mannor which could be spared was void for the uncertainty and there is no means agreed betwixt the parties here to reduce the same to a certainty 4. Resolved that the Covenant of the Bargainor that it should be lawfull for the Bargainee to take the Trees and Woods within five years was not a Condition but a meer Covenant and the difference was taken where one sells all his Trees to be taken within 5 years after there the Vendee shall not take them after 5 years ended but if the time of taking of them be by way of Covenant there it shall not restraine the party to take them at all times as well after the five years as within the five years but the parties are to have their remedy by an Action of Covenant upon the disturbance Yet it was said by Hatton that if one grants his Corn growing and the Grantee doth not take it in convenient time so as the Grantor receive detriment thereby the Grantor shall have Action upon the case against him Hansons Case 1170. He was cast over the Bar because he gave direction in writing to an Under-Sheriff what persons he would have him return upon a Pannel for tryal of an Issue and named others who he would not have to be retorned Kingswell and Crawleys Case 1171. Replevin The Defendant avowed for Rent for that I. S. held of him by Fealty and Rent whose Estate the Plaintiff had The Plaintiff said I. S. enfeoffed I. N. who made a Lease to the Plaintiff for Life absque hoc that he had the estate of I. S. Resolved that the Traverse was void for after the Statute of 21 H. 8. the party is to avow upon the Land and then it is not material what Estate the Tenant had so he occupied the Land but before the said Statute it had bin a good Plea so as the Statute hath changed the Law for the Traverse in pleading although there is not any word of it in the Statute Andrews and the Bishop of Yorks Case 1172. It was Resolved that is a good Plea in an Assize of Darrien Presentment that the Plaintiff hath a Quare Impedit depending the same avoidance 1173. Words viz. He hath stollen my coâ—n out of my Barns Adjudged per curiam the words were actionable Hall and Wingfields Case 1173. The Defendant acknowledged a Recognizance before the Lord Hobart at Serjeants-Inn in Fleet-street London which Recognizance was enrolled in the Court of common Pleas The Plaintiff brought debt upon this Recognizance in the Common Pleas and layed his Action in London Whether it ought to be brought in Middlesex where the Record of the Judgment was or in London was the Question The Justices were divided in several opinions Winâ—h it ought to be in Middlesex where it is enrolled because the Debt is consummate Warberton it may be in any County where the party pleaseth Hutton it lieth where the Record is Hobert if no mention had bin made upon the Inrollment of the Recognizance before the Chief Justice at Serjeants Inn it ought to have bin brought in Middlesex but now it was in the Election of the Plaintiff to bring it either in London or Middlesex vide this case more at large Hob. Reports 195. where the case seems to be Resolved Lea and Pains Case 1175 Debt upon Obligation to stand to an Award The Plaintiffs in January submitted themselves to stand to the award of I. S. for all Quarrels Debates Questions stirred moved or depending I. S. in April made an Accord that the Defendant should pay to the Plaintiff should pay Twenty Nobles in