Poor to be made a Minister and to be presented A. dies B. is Instituted and Inducted and after that is Inducted to another Benefice and recovers Glebe to the first of 20 l. value per Annum and after he is non solvent and renders himself a Prisoner to the Admiral for a trespass in Ireland the Parishioners detain their Tythes B. Is a Bankrupt within this Division and the Assignee of the Commissioners shall have debt for the Tythes and the Farm in Ireland 5. Tenant in tail is attainted of Treason and pardoned the King grants and restores to him the Land in tail the Donor Releases Tenant in tail suffers a recovery to the use of B. a Merchant and hath issue and dies the release is Inrolled B. is made Steward of the Tower of London the issue in tail enters B. is non solvent and keeps himself in the Tower B. Is a Bankrupt within this Division and the Commissioners shall sell the Land 1. If the gift is within the Statute of 34 H. 8. cap. 20. 2. If the reversion be good to the King without Inrollment 3. If the Inrollment shall Relate 4. If the Tower is comprehended within the Statute or the Equity re vera 6. A. Feme sole Tenant in tail makes a Lease for thirty years to B. a Merchant indebted to C. and D. she marries E. hath issue F. A. and E. levy a Fine to G. which is reversed for nonage of the Wife B. lies in Prison for six months in execution for the debt of C. and in that time becomes indebted to the Gaoler for Victuals the Wife dies E. enters claiming as Tenant by the Curtesie and surrenders to the issue D. assignes his debt to the King a Commission is awarded all this is found by writ of Prerogative and that B. had nothing B. Is a Bankrupt within the Statute but the King shall have the Term and neither C. nor D. shall be relieved 9. Tenant in tail makes a Lease for thirty years and enters into Religion the issue accepts the rent and dies having issue the Father is deraigned the Lessee being a Merchant at Constantinople becomes indebted to English Merchants there and turns Turk the Father dies the issue of the issue enters The Lessee is a Bankrupt within this Division and the Term shall be sold Cases upon the fourth Division What Lands Tenements or Hereditaments of a Bankrupt the Commissioners may sell THE King grants the Mannor of S. to A. and his Heirs to be holden by the service to be a Justice of the Peace within the Mannor A. Bargains and sells to B. and C. his Wife and to D. and after A. grants the services to I. S. a Tenant to B. B. and C. are divorced causa Praecontractus of C. with I. S. D. is a Bankrupt a Commission is awarded I. S. attorns D. enters and manumits a villain D. is imprisoned in his House and is felo de se his Heir within age enters I. S. dies without Heir B. and C. intermarry the Deed is inrolled office is found The Commissioners may sell all the Land and the Goods of the Bankrupt except the Villain 1. The King grants Land to be holden by the service to be a Justice of the Peace What Tenure this is 2. A Bargain and Sale to Baron and Feme and a Stranger and the Baron and Feme are divorced before Inrollment how they shall take 3. One sells a Mannor and before Inrollment the Bargainor grants the services of I. S. to one of the Vendees and he attorns If the Inrollment shall be good for the rest to others 4. Bargainee of Land holden in Capite enters and dies before Inrollment If his Heir within age shall be in Ward Vpon the Statute 1. A Bankrupt hath a Seigniory a Commission is awarded the Bankrupt dies a Tenancy Escheats If the Seigniory or the Tenancy shall be sold 2. Tenant in Capite is a Bankrupt and dies his Heir within age and in Ward If the Land can be sold 3. A Bankrupt hath a villain and manumits him If the Commissioners can after sell him 4. A Bankrupt is felo de se If the Goods shall be sold notwithstanding the interest of the Almoner The King grants a Mannor to A. to be holden by the service to be a Justice of Peace within the Manner the Question is what Tenure that is if grand serjeanty Petit serjeanty Tenure by Knights service in Capite or Tenure by Soccage in Capite Neither at the Common Law nor at any time before the Statute of Quia Emptores terarum there was no Officer in this Common-wealth called by the name of a Justice of Peace and therefore there can be no Authority of any ancient tenure of that nature But there were divers Officers who by virtue of their Offices and as incident to their Office were Conservators of the Peace as Sheriffs Coroners Constables and all the Justices of the Kings Bench. 17 ass 5. A Sheriff or Coroner may take an Appeal a fortiori in the Kings Bench for there Scot saith That they are the Soveraign Coroners of the Land But till 18 E. 3. cap. 2. the name of a Justice of Peace was not known But whether such a tenure may be created at this day is a Question and I think it may for the King is not bound by the Statute of Quia Emptor as it is plain by the Books of Com. 240. Bark Case He at this day may create new tenures and Marrow in his Book of a Justice of Peace saith That if the King grant a man Land to be holden by being a Conservator of the Peace he is a Conservator by tenure but he doth not determine what Tenure it is Mr. Lambert vouches a Record at Chester that one Urianus de Sancto Petro that held medietatem serjanciae pacis and this he calls it Tenure in Capite but rather as an Executioner than as a Judge It is thus material to the end of the Case what Tenure this is that if it be Knights service then here 's a Wardship and then it will be a question whether the Kings interest will prevent the authority of the Commissioners if in Soccage in capite then that point is cleared Some would have this to be grand Serjeanty because it is to be performed in person and that person is to represent the Kings person and if by Littleton it be grand Serjeanty to be a Chamberlain of the Exchequer who is but a Keeper as it were of the Kings money it is grand Serjanty much more to be a Keeper of the Kings Peace Others would have it Soccage in Capite for it is a Tenure must go with the Land and so to a person uncapable of the Office as in this case to an Infant or to a Woman who cannot be a Justice of Peace And this is an Office which cannot be transferred no more than as it is in Kelloway in his cases incerti temporis fol. 151. If the Office of a Sheriff
the Lord and a stranger the Lord disagrees the stranger shall have all 20 E. 4. Fitz. Nuper obiit 14. If the Defendant in a Nuper obiit disclaim in the Blood the other Coparcener shall have all by descent and a Mordancester of all 22 H. 6.44 A Precipe against two if one disclaim all vests in the other So here in as much as the use passed by the contract if one of them will waive that contract and take himself to another bargain then the first contract will stand good for all to the other and the Inrollment for all shall relate to the use of the other and shall be paramount to the fine and destroy the Conveyance by the fine as it is in Pophams Case 5 Eliz. 2. But then comes in the next question this fine was but of part of the thing bargained and sold and therefore it will not destroy the contract for all but only for part that is for a Moiety of the services I take it that this contract being entire being destroyed in part is void for all Qui partem individui facit nihil facit I will example it with other Cases 34 H. 6.21 It is a good plea in an action of debt for rent that the Lessor entered before the day of payment for the contract was entire and therefore the rent not apportionable 22 Ass 53. Lease for life rendring rent for Land part in Franchises and part in Guildable in an Assise brought at Common Law for the rent Conizance shall not be granted for the rent is entire and the Kings Court shall be preferred contrary to Thorp as it is in 46 E. 3.8 But if the Land is in question conizance shall be granted for so much as lies in Franchises 9 E. 4.1 One is to lease a Chamber and find the Lessee his board for 6 s. a Week in an Action of Debt for the Money non demisit cameram is a good Plea for destroy the contract in part it is destroyed in all for it is entire 30 H. 8 Litle Broke I sell my Horse and another man 's for 20 l. to be paid at a day to come and before the day the other man recovers his Horse against the Vendee yet the Vendor shall have an action for all the money So here the Consideration of the money raises the use that 's an entire Sum and if you will have that the Demeasnes shall pass by the contract for the use and the services or part of the services shall pass by the grant what a confusion would that be and how much of the Consideration went for the one and what for the other I might that way maintain my conclusion that the whole Mannor passes to D. 9 E. 4. Choke A Mannor consists of Demeasnes and Services sever them and the Mannor is destroyed and in Sr. Rol. Heiwards Case none shall take by fraction of Estates 3. The third question being that the Husband purchases Lands by Bargain and Sale to him and his Wife and before the Deed is inrolled the Husband takes a Fine or a Feoffment of the Land to him and his heirs and then the Deed is inrolled what shall the Wife have and I say as I said she shall have nothing 3 H. 7.9 It is plain that if Lands be conveyed to a Feme Covert if her Husband disagree the Feofment made to her is made void and it shall return to the Feoffer But if a Feofment be made to I. S. and a Feme Covert and her Husband disagrees all vests in I. S. Rutland's Case li. 5. Cook is that the Husband by Indenture limits Lands to the use of his Wife but before the fine levyed by other Indentures he limited the same to other uses so in that case before the assurance is perfected the Husband by whose means and bargain making this use was to rise to the Wife before this Assurance finished makes a new bargain for himself and the Wife if he disagree can take nothing Kenn's C. Cook lib. 7. It is the Husband hath the power to contract for the use although it be of the Wives Lands 4. The next matter that I intend a question upon the Statute of Inrollments is supposing this Land is held in Capite Lands held in Capite are bargained and sold to a man and before the deed is inrolled the Bargainee dies his heir within age whether here be such a dying seised and a descent as his Son shall be in ward and I think it is There be divers Cases where the heir shall be in ward and yet the Ancestour dyed not seised 48 E. 3.8 If there be Lord and Tenant and the Tenant is disseised and dies his heirs within age the Lord may seise c. 20 H. 6. Tenant in tail aliens and dies his heir within age his heir shall be in Ward to the Donor 33 H. 6.5 Tenant for life the remainder in fee he in remainder dies his heir shall not be in ward for the remainder but if the Tenant for life die then by matter ex post facto he shall be 11 H. 4.61 By Hank and Norton If the heir recover in a writ of ayel on Cocinage he shall be in Ward If the Father lose by error or false verdict If the Son reverse the Judgment by error or attaint he shall be in ward If the Father recover and dies before entry or execution and the Son sue execution he shall be in guard Points upon the Statute Swinburn Fol. 175. I will that my villain be manumitted when my Son comes to age my Son dies before the age the villain shall be at Liberty when the Son would have been of age D. Enters and manumits a villain The Question is a man hath a Mannor to which be villains regardant he becomes a Bankrupt manumits the the villain Commission is agarded if the Commissioners may sell the villain and I have concluded they cannot For the villain being once at liberty in this case is infranchised for ever I grant that in divers cases a villain may be infranchised pro tempore and yet be a villain again 13 E. 4.2 As if Tenant in tail will enfeof his villain of the Mannor the issue shall have a Formedon and reduce both the Mannor and the villain 33 H. 6.13 Enfranchment by Tenant for years or for life is good but for their time And it is much controverted whether if a nieff marry a Freeman she be not for ever enfranchised Old Nat. Brevi fol. 6. If her Husband die she shall be a nieff again 33 E. 3. Statham Vil. She shall be neiff again even to her own Son when her Lord and Husband dies But as the Law saith there is nothing more respected than life and liberty So I am of opinion and I have authority for it that if she be once married either to her Lord or another Freeman she is at liberty for ever 31 E. 1. Fitz. vill 46. It is first questioned and some there are of
some say it is not for Bona Ecclesiae sunt partimonia pauperum the Apostles distributed communes distributiones quotidianas distributiones at Lincoln to this day Linwood Sacriledge But I hold it is for as in our Case if he pay it before hand it goes out of his own Purse if afterwards though it go out of his Benefice yet it is to be intended this is benefit to the Patron for since the Statute of 39 Eliz. cap. 3. made for the relief of the Poor the more the Parson gives the less the Patron needs give and Charity ought to be voluntary and not for hope of a Benefice or a Reward But I will agree that if it had been in consideration that he shall maintain the Patron if he be at any time in want during his life this is no Simony Patronum faciunt dos edificatio fundus Patrono debentur honos onus emolumentum Linwood fol. 157. De beneficiis est onus alendi Patron Ecclesiae ubi ad summam pervenit paupertatem Ergo c. But this is likewise given to the poor to the end that he may be made Minister Whether this be Simony I think this is Simony in the highest degree and the very same which Simon Magus would have committed for he offered the Apostles money to be admitted into the Ministery he knew and saw that they received nothing to their own private use all things were common with them and as I said they distributed to every man as he had need yet you all know how he was answered and what became on him even eo quod voluit and yet non potuit quod voluit facere malum But the Statute for gift reward or benefit to the Ordinary or any Friend of his and so thought to be Simony in Spiritual Law yet it is not within the Statute yes indeed it is for even as they say Si quis aliquid dederit alio quam praesentandi aut ordinatori si alias beneficium non esset habiturus est Simonia But then saith the Statute if such a Minister be to be presented instituted and inducted into any Benefice for seven years after that immediately after the induction the Benefice shall be void and it shall be lawful to the Patron to present another But here is the Question upon this Statute by the first branch the King is intituled by the second the Patron but the Kings interest makes it no induction at all A. dies and B. is instituted and inducted 4. But admit here is no Simony in the Case then riseth another Question Whether here be any good presentation or not Where the Case is no more but this one presents and his Clerk is instituted one other presents the first Clerk after institution and before induction dies whether this presentation when another was instituted be good at all Or whether his death before induction have made it good whereby the second may be instituted and inducted It is plain if one present in the life time of the incumbent the presentment is void 22 H. 6.27 By admission and institution one is Parson before induction and Linwood saith he hath jus ad rem in re But 5 Eliz. Dyer he hath jus ad rem but not in re and Hare and Buckley's Case he is like a Tenant in Dower that hath Judgment but no Execution Or like a Copy-holder after a Surrender and before admittance but neither to charge nor bring action But as in my Lord Digbies Case in Coke l. 4. A Parson having one Benefice is instituted into another and then gets a dispensation and then is inducted the induction shall so relate that the dispensation is of no force So his death shall make that he had by the institution no interest at all but that the second presentation is good and consequently the induction But if in the life time of A. B. had been both presented and instituted the institution had been meerly void and then the induction could never be good 13 Ja. B. R. if it be not in the Kings Case 5. Afterwards B. being inducted into the Benefice of 5 l. value is inducted into another and then recovers Lands of 20 l. value to the first whether this first be void by the Statute 21 H. 8. and I take it it is not The Statute is That having a Benefice of 8 l. accepts of another and is inducted into the same then the former Benefice shall immediately be adjudged to be void And altho' I am of opinion that this Law shall be taken strict and even extended by equity because it is to repress a great inconvenience in the Church and Common-wealth That yet nevertheless this word having shall be construed as it is in the Statute of 32. of Wills in Buttler and Bakers Case pro ut the Case so here And here is also this word immediately which is much inforced there because the Land could not descend immediately till disagreement A man infeofts a Feme Covert and then grants rent charge the Husband dies she waves if she had agreed it would have avoided the charge and yet the disagreement shall not make it good But I cannot compare it to a better Case than the Case of a Ward the Rule is If Tenant in Knights service die seised his Heir within Age shall be in Ward with this addition to the Rule that if he were disseised and might enter or if he had made a Feoffment upon Condition and the Condition were broken if the Lord or the Heir enter he shall be in Ward or if the Tenant for Term of Life of a Ward make a Feoffment and the Heir enter the Land shall be in Ward So be the Books of 17 ass 18 ass 18. 19 E. 3. Gard 114 and 48 E. 3. fo 8. But 12 H. 7.20 Frowick if the Heir recover by action Auncestrell he shall not be in Ward 15 E. 4.13 Urfwick chief Baron the same or if he pay money to redeem Land and enter for the Condition performed he shall not be in Ward so here I hold the same Rule if B. had been disseised of parcel of his Glebe or that it had been forfeited for a Condition broken the first Benefice would have been void but not in this Case I hold that if his Rectory were a Signiory and but of 5 l. value and then he accept a second Benefice and afterwards by the Escheat of a Tenancy it had come to be of 8 l. or 10 l. value it shall not in this Case be void 6. But this Clerk was a Marchant and turns Priest and now leaves his old debts unpaid whether he can be a Bankrupt because of the words using the Trade c. He is ruled in John Quarles Case my Lord Chief Justice being Recorder was a Commissioner for he left his Marchandizing and was turned Gentleman 7. Whether yielding of himself to Prison in the Admirals Court in an action whereof their Court hath no Jurisdiction be a yielding himself
Escheated shall be sold but Quere if it Escheat after the Commission and Death of the Bankrupt One bargains and sells a Seigniory to a Bankrupt and after Commission the Bankrupt dies and the Deed is Inrolled after the Commission The Bankrupt having Land holden in Capite dies his Heir within Age and Office is found if they can sell The same if his Heir be an Ideot or a Lunatick A Bankrupt becomes Lunatick an Office is found A Bankrupt is Tenant in Tail the remainder in the King if it can be sold but for the Life of the Tenant in Tail Tenant in Tail grants all his Estate and becomes a Bankrupt the Land shall not be sold Tenant in Tail of a Rent is disseised thereof and dies his Issue is a Bankrupt and brings a Formedon yet the Rent shall be sold Two joynt Tenants the one is a Bankrupt and dies if his part shall be sold not because the Survivor is not in by him Tenant in Tail the remainder to an Alien Tenant in Tail is a Bankrupt and suffers a Recovery the Land is sold Tenant in Tail dies without Issue an Office is found if the Land shall be sold for the King 8. What Copyholds they may sell and what agreement made with the Lord is good The Lord sells the Freehold of one sole Copyholder to A. the Copyholder becomes a Bankrupt if the Commissioners can sell Copyholder in Tail with a remainder where no Recoveries or where Recoveries are remedied against the Lord who will not compound A Copyholder by License of the Lord makes a Lease for One and Twenty Years the Copyhold Escheats Quere if the Lease is good against the Lord. A Feme by Custom is to have a Widows Estate the Bankrupt makes such a Lease if the Feme shall avoid it A Bankrupt Copyholder makes a Feoffment the Lord enters the Commissioners sell the Vendee tenders a competent Fine the Lord refuseth to admit him the Vendee enters the Lord brings Trespass it lieth not A Bankrupt makes waste the Commissioners sell the Lord enters for a Forfeiture A Copyholder surrenders into the hands of two Tenants he to whose use is a Bankrupt the Lord dissolves the Mannor 9. What Fees Annuities Offices Goods Chattels and Debts the Commissioners may sell A Merchant acknowledgeth himself to be the Villane of I. S. the Commissioners may Assign his Debts Quere of his Goods A Lease for Years provided that he shall not alien the Commissioners sell if it be a Forfeiture 10. What Uses Interests Rights or Titles of a Bankrupt the Commissioners may sell A Bankrupt hath an Advowson the Church becomes void the Commissioners sell the Vendee presents if this be Symony A Bankrupt prefents one who is privy to his Bankrouting who is Indicted the Commissioners sell their Vendee brings a Quare impedit within six Months A Bankrupt hath a Warranty what use the Vendee shall have of it A Bankrupt hath the next avoidans the Commissioners present one for Money paid to the Creditors The Disseisor dies seized after five Years the Disseisee becomes a Bankrupt A Woman hath a Rent charge she takes a Husband a Bankrupt who Distrains and Rescous is made if the Commissioners can sell all the Rent which shall be due during the Coverture 1 E. 3. fol. 5. Pl. 23. The Commissioners sell a Rent or Reversion if good without Attornment A Bankrupt loses by erroneous Judgment if this right to bring a Writ of Errour may be transferred by the Commissioners The same of an Entry for condition broken or performance of a condition A Bankrupt becomes Lunatick the Commissioners sell an Office is found 11. What Deed Inrolled in one of Her Majesties Courts of Record shall be good The Deed is not acknowledged before any of the Masters of the Chancery by the Commissioners The Deed is not Inrolled within six Months the Statute of Inrolements saith by Bargain and Sale only I. S. By prescription holdeth Plea in his Mannor above Forty Shillings the Deed is there Inrolled after Sale and before Inrolment the Bankrupt takes a Wife and die if she shall be endowed the Deed is inrolled in the Mayors Court in London no question of the Hustings 12. What shall be said a just Debt and how the Statute shall make an apportionment between the Creditors what is their duty to do and what remedy they have for their Portions and who shall be said a Creditor and who shall be relieved A Merchant indebted as Surety or Bail for a Gentleman but not for himself If one may Sue for a Legacy before the Commissioners How a Debt doubtful shall be tried before the Commissioners For Money decreed to him in the Chancery or Star-Chamber One Creditor sole Sues a Commission and keeps it with him secretly until the last day within four Months and then the Commissioners sell the Land and pay all to this Creditor the others never having notice thereof what remedy for them The Commissioners sell all the Land and distribute all but this is not full satisfaction after other Land descends to the Bankrupt if they can make another sale and new distribution The four Months are past and part of the Estate distributed new Creditors come in if they shall be admitted to have contribution of the rest which is not yet distributed and if such new Creditors shall have allowance ratably with the other Creditors according to the Remnant of their Debts or according to all paid or not paid A Bankrupt becomes indebted to one who had notice that he is a Bankrupt if he shall be admitted a Creditor One hath a Debt which is not yet due yet he shall be relieved with rateable respect of abatement for the time 13. What Act or Conveyance made by a Bankrupt before or after he is a Bankrupt shall be good He takes a Wife after he is a Bankrupt if she shall be indowed of Land which he had before He takes a Wife after he is a Bankrupt and Land descends to him if she shall be indowed A Bankrupt Disseisor the Commissioners sell and before the Deed is inrolled the Disseisor releases to the Bankrupt A Bankrupt presents one who is private to his intent who is indicted the Commissioners sell the Vendee brings a Quare impedit A Bankrupt becomes a Clerk-Convict and hath Goods within a Liberty A Bankrupt after Commission awarded becomes felo de se A Conveyance to the use of a Daughter a Widow formerly advanced A Merchant Tenant in Knight-service his Heir within Age makes a Feoffment by collusion the Lord after becomes a Bankrupt this is no fraud against the Creditors but yet the Land shall be sold for though it be fraud between the Lord and the Tenant yet there is a Trust between the Feoffor and Feoffee 14. What Declaration or Account the Commissioners shall make to the Bankrupt and whether the Proviso be a Condition and what remedy the Bankrupt hath for to cause them to account The Commissioners all
die after the sale of the Lands and distribution what remedy hath the Bankrupt for the rest against the Executors of the Commissioners or against the Survivor of them After the Sale and before distribution all the Commissioners die but two what shall be done A new Commission shall be awarded to other Commissioners not to them and they shall be called before the new Commissioners as they who have the Estate of the Bankrupt in their hands 15. What shall be said a concealment of the Estate of a Bankrupt or of his Person or a fraudulent claim or demand or detaining of his Estate and what remedy for the Forfeiture or Fine 16. What damage is it to be out of the Kings Protection by this Statute 17. Who shall be said a Creditor within this Statute A sole Creditor if he can sue the Commission A Mortgage of Lands or Goods if they can sell them Conusee of a Statute-Merchant or Recognizance The Plaintiff who hath the Body of the Defendant in Execution upon a Judgment at the Common Law He who hath the Bankrupt in Execution upon a Statute-Merchant A Merchant is taken in Execution and after becomes indebted to A. and remains six Months in Execution and so is a Bankrupt if A. shall be a Creditor that is if he be a Bankrupt from the beginning of his Imprisonment by relation or only after the six Months A Merchant is imprisoned for Debt the Gaoler Credits him for Victuals for a Year if he shall be a Creditor for part for all or for none A Bankrupt is Convicted for keeping of Inmates or erecting Cottages the Statute gives an Action of Debt to the Lord of the Leet he is no Creditor 18. What Conveyance the Commissioners may make after the Death of the Bankrupt A Feme Covert sole Merchant within Age the Baron and Feme levy a Fine of the Land of the Feme a Commission is awarded the Fine is reversed for Non-age of the Feme with a Cessation of Execution during the Life of the Baron they have Issue the Feme dies the Commissioners sell the Issue enters The First Division Who shall be said to be a Merchant or other Person using or exercising the Trade of Merchandizes by way of Bargaining Exchange Bartry Chevisance or otherwise in gross or by Retail or seek his or their Trade of Living by Buying and Selling. 1. A Makes a Lease for Years to B. and grants the reversion to C. in Tail B. attorn and enters A. grants the reversion of C. to D. being a Denizen of Ireland C. commits Treason and attorns D. becomes an Adventurer to the East Indies C. is attainted D. is Non solvent and having no House keeps himself on Ship-board C. Dies without Issue a Commission is awarded and after supers the Commissioners sells the Land by Deed Inrolled in the Mayor's Court in London D. is a Bankrupt within the Statute and the Sale by the Commissioners is good 2. Tenant for Years of an Inn makes a Feoffment in Fee to Baron and Feme an Alien makes livery within the view to the Feme who enters the Baron is made King the Lessor being an Adventurer of Virginia Releases to the King by Deed Inrolled an Office is found the Queen waives the Lessor enters and keeps the Inn and being Non-solvent is made Keeper of a Castle in the Isle of Man where he was Born and there remains The Lessor is a Bankrupt within this Division of the Statute and the Commissioners may sell the Land 3. A Disseisor makes a Lease for Life to a Feme sole the remainder to the right Heirs of I. S. she makes a Feoffment in Fee upon condition and enters for the condition broken and grants a Rend charge to A. a Goldsmith of London Naturalized by Parliament the Disseisee Releases to the Feme she Marries A. the Disseisor enters and makes a Feoffment to a Stranger I. S. dies the Feme hath Issue and dies A. enters and being Non-solvent surrenders to the Issue and departeth the Realm to Merchandize the Commissioners sell the Rent the right Heir of I. S. enters A. is a Bankrupt within this Division of the Statute and the Vendee may presently Distrain for the Rent 4. R. Tenant in tail makes a Gift in tail to M. hath Issue and dies M. makes a Feoffment to C. and dies without Issue his Wife the Issue of R. enters a Son is Born who enters the Feoffee enters and being a Grasier buyes lean Cattel and feeds them upon the Land and Sells them when they are fat and sells his own House and after being Non-solvent keeps his Neighbours House C. is no Bankrupt within this Statute and the Issue of R. recovers the Land by Formedon and the Son Born hath no right 5. A Man hath Issue A. and B. two Daughters they Disseise I. S. and infeoff their Father A. Marries C. and by his leave becomes a Sempster in the Exchange London the Father dies I. S. releases to the Husband B. brings a Neuper Obiit against A. and C. C. makes default after default A. is received and being indebted to divers Creditors disclaims in the Blood the Husband keeps the House The Husband is a Bankrupt within this Statute and the Moiety of the Land is liable to the sale of the Commissioners during the Coverture 6. One makes a Lease for Years to A. the remainder to B. for the Life of A. the remainder to the right Heirs of A. B. dies A. having Issue a Daughter his Wife with Child with a Son devises the Land to I. S. for the Life of M. for payment of his Debts and makes I. S. his Executor and dies I. S. enters the Daughter being a Feme Covert sole Merchant in London enters M. dies the Daughter is Non solvent and elopes the Son born enters The Daughter is a Bankrupt within this Statute and the Commissioners may sell the Land 7. One devises his Land to A. B. and C. baeredibus A. paying 10 li. they enter and A. being an Exchanger enters into Religion B. releases to C. the Bills of A. are protested C. dies the Creditors of A. brings Action against his Executors and before Judgment A. is deraigned the Commissioners sell all the Land A. is a Bankrupt within this Statute but the sale is good only for a third part 8. M. and F. joyn Tenants of a Horse Mortgage him to E. a Feme sole who intermarries with M. F. being a Horsecourser performs the condition and takes the Horse E. by commandment 〈◊〉 her Husband Steals the Horse M. and E. are Divorced causa praecontractus M. dies E. is indicted for Felony the Horsecourser becomes a Bankrupt the Commissioners sell the Horse F. is a Bankrupt within the Statute and the sale is good 9. The King makes a Lease for Years rendring Rent of the Pre-emption of Tynn in Cornwall to I. S. one of the Grooms of the Privy Chamber who becomes indebted to divers Persons for Tynn bought of
married B. being a poor Maid releases to A. and his Heirs to the use of B. and his Heirs Females of his Body they have Issue a Son and a Daughter B. dies the Daughter makes a Lease to C. for one and twenty years rendring the ancient Rent and dies having Issue E. a sole Merchant born upon the Coast of Flanders and is married to F. a Citizen of London born in the Port of Deep A. makes a Feoffment to F. who is outlawed for Debt The Feme is a Bankrupt within this Division and the Land shall be sold but subject to the Lease made to C. 2. One hath a House of Gavelkind and purchases Estovers to this House out of Land in Borough English and dies having two Elder Brothers they make partition of the House the Younger is Executed for Felony the Lord enters into a Moiety the Elder Brother born in Virginia and using to give Gold for Silver contrary to the Statute and for that is condemned in 100 l. in an Action upon the Statute at the sute of the Informer and the King and remains in Execution at the King's sute for six Months the Informer and I. S. a Creditor sue forth a Commission The Elder Brother is a Bankrupt within this Division but no part of the Land shall be sold by this Commission 3. The Lessor when the King was absent in Scotland enters upon the Lessee for life and die seised his Heir for Money paid by a Merchant Naturalized makes a Feoffment to him and to a Feme sole an Alien the Merchant and the Feme inter marry the Lessee and the Stranger make Livery by Letter of Attorney the Baron is made Church-warden and being non-solvent keeps the Church Office is found The Baron is a Bankrupt within this Division and all the Land shall be sold 4. White-Acre is given to A. and B. Baron and Feme and to the Heirs of the Baron for the Joynture of the Feme a Disseisor enters and levies a Fine to C. who marries D. an Alien A. dies five years pass D. is sole Merchant and made Denizen upon condition that she shall not depart the Realm without her Husband's leave B. brings Dower of Black-Acre the Heir of A. enters into White-Acre D. being non-solvent Elopes into Scotland C. enters The Feme is a Bankrupt within the Statute and White-Acre shall be sold 5. A Tenant for life and B. an Infant in reversion born in Greenland they levie a fine to C. B. uses his stock in the Muscovia Company and reverses the fine A. surrenders to the King by Deed B. being of full age and indebted to the Company procures himself to be arrested and after he grants the reversion to the King by Deed inrolled and after the first Deed is inrolled the Company sues a Commission B. is a Bankrupt within the Statute and the Commission is well awarded and the Land shall be sold 6. A. and B. a Merchant-Stranger enter upon C. the Heir of a Disseisor B. is made Denizen for seven years the Disseisee releases to A. who makes a Lease for years rendring Rent upon condition to re-enter for non-payment the Heir releases to B. the Land is extended for the Debt of A. B. is non solvent the extender enters for non-payment B. keeps his House seven years pass Office is found A. dies B. is a Bankrupt within this Division and the Land shall be sold subject to the Lease but not to the Extent 7. A Lord hath the Goods of Outlaws within his Mannor and M. his Tenant who was born in Gernsey is a Meal-man and outlawed and for redemption of his Goods enters into an Obligation to the Lord to pay 100 li. B. recovers 10 li. against him for Battery the Lord leases to him a Wind-mill M. reverses the Outlawry and being in Debt to a Scotch-man an Irish man and a Dutch man for Corn before his day of payment ceases to be a Meal-man and becomes a Miller and being non-solvent keeps himself in the Mill. He is a Bankrupt within the Statute but the Debts are not remedied by this Statute 8. An Accountant to the King hath a Seigniory and dies his Son being a Merchant and born upon the River of Canada releases to the Tenant all the services for the life of the Tenant who dies without Heir a Stranger abates the Son being non solvent goes to Barmudas a Commission is awarded for the King upon the Statute of 39 Eliz. cap. 7. and another Commission is upon the Statute of Bankrupts the Commissioners for the King sell the Tenancy to A. the Commissioners of Bankrupts sell the Seigniory to B. The Son is a Bankrupt within this Statute and B. shall recover the Land against the abator by Writ of Escheat 9. A. makes a Lease of years to B. a Merchant-Stranger Denizen of Ireland upon condition to have for life if he pay 10 li. at M. and to have in fee if he repair a High-way before Christmas rendring Rent upon condition to re-enter for non-payment the first condition is performed B. being non-solvent returns to Ireland and there stays in his House the Rent is due at the Feast of All Saints and is demanded and Arrear B. performs the second condition B. is a Denizen within the intent of this Statute but the King shall have the Land during his life Vpon the Second Division The Points of the First Case 1. IF one may release to one to the use of another 2. Two Disseisors are and they intermarry and the Disseisee releases to the Husband to the use of the Wife in tail where the Fee-simple is 3. If Marriage of a poor Maid be a good consideration to raise an use to the Maid or to A. 4. Lands are given to a Feme Covert and to her Heirs Females in tail she takes Husband hath Issue a Son and a Daughter if the Husband shall be Tenant by the Courtesie 5. If the Issue in tail in the life of Tenant by the Courtesie makes a present Lease if this shall be good against the Issue of the Issue after the death of Tenant by the Courtesie Points upon the Statute 1. IF a Feme Covert sole Merchant be within the Statute 2. If the Husband of such a Feme by her Bankrupting shall be also a Bankrupt 3. If the Outlawry of the Husband for the Wives debt shall make the one or the other or both Bankrupts 4. If the Lands or Goods of the Husband shall be sold for the Debts of the Wife 5. If the inheritance of the Wife shall be sold 6. If one born upon the Coast of Flanders is born out or within the King's Dominions 7. If one born in the Port of Diep is born within the King's Dominions 8. If the Wife of an Alien sole Merchant be within the Statute 9. If a Wife Alien and the Husband English be within the Statute 10. If the Estate of Tenant in tail a Bankrupt shall be sold 11. If by Entry of the
to Prison within the Statute The Admirals Jurisdiction is limitted by the Statute of 13 R. 2. cap. 5. that they shall not meddle with things done within the Realm scil this Realm 15 R. 2. cap. 3. de South les points 2 H. 4. cap. 11. gives an aection and double damages There was a Case in the Common Pleas. I take it the Admiral hath no Jurisdiction to hold Plea of a thing done upon the Land in Ireland for he is Admiral both of England and Ireland so the King hath his Justices there for to give justice for trespasses and offences there done first for that these Statutes are in force in Ireland as all other are which were made before 1 H. 7. And a Prohibition will lie here in the Kings Bench if they hold Plea of a thing whereof they have no jurisdiction although they cannot hold Plea thereof themselves as we see in the Orphans Case in Coke li. 5. and these Courts ought to respect them of Ireland as subordinate to them for 34 Assises Errors here upon a Judgment there 31 H. 8. Bro. Prohibition 17. A Prohibition lies against the Admiral when he supposeth a thing to be done upon the Sea which was done upon the Land 8. The Parishioners detain their Tythes The Question is A man is presented by Simony the Statute is the Presentation the Institution and Induction are all void But it is to give title to the King to present But to the Parishioner he is dominus pro tempore as if he had been meer laicus yet Sacraments ministred by him are of force The Church and the Minister are compared to the Husband and Wife A woman is married to one Husband and in facie Ecclesice she is afterwards married to another as the Priest is actually in facie of the Country inducted 17 Ass 32 H. 6. The Feme with her second Husband levy a Fine none can avoid this Fine but the right Husband no more can any displace the Simonist but the King And a Prohibition hath been awarded against a Parson supposing he was a Simonist and upon advice and consultation the Parson Closes B. ver Simony in the Exchequer another presented by the King and yet all one for the mean profits 9. The Grantee presents to the first Benefice question whether I grant one Primam advocationem proximam he presents and his Clerk is instituted and dies before induction whether his turn be served It is 38 E. 3.36.6 vide lib. 10. That Commissioners here may sell a Bankrupts Goods in Ireland and Irishmen may sue the Commission 11. The first is within the express words of the Law scil being also a Subject born The second is proved by the Case of the Merchants of Waterford 2 R. 3.11 An Act of Parliament in England shall not bind men of Ireland for their Lands but for things transitory it shall as the Case was there for shipping of Wools from Waterford to carry to other places than Callis Also a man attainted here of Felony or Treason shall lose his Lands in Ireland My Lord of Essex and Ororkes Case 12. An action of debt upon the Statute by the Statute of primo Jac. which gives not only all things in Action but also gives an Action to the Assignee in his own name but he must declare specially 1. A. makes a Lease of a Rectory to the King for another mans life and grants the reversion to B. a Merchant to the use of B. and C. the King grants his Estate to D. E. enters and marries with the Merchant C. dies D. releases to B. who being non solvent keeps his House the Tythes are sequestred for not repairing of the Quire the Creditors grant a Letter of License to B. for six months E. dies D. enters he for whose life dies B. renders himself to Prison for a Fine assessed before the High Commissioners six months past B. Is a Bankrupt within this division and the Moiety of the Rectory shall be sold and all the goods sequestred 1. The King tenant pur auter vie the lessor grants the reversion if good without Atturnment It is good 2. A grants to B. to the use of him and C. if they are Jointenants or Tenants in Common they are Tenants in Common 3. Tenant for life is disseised by a Feme sole she marries him in the reversion the disseisee releases to the Husband it is good to extinguish his right 4. What is wrought by the occupancy nothing 1. If a Bankrupt procures a Letter of License for six months and within the time is a Bankrupt again if he shall be a Bankrupt ab initio He shall be 2. If Imprisonment by the High Commissioners is within the Statute It is 3. If the Goods of a Bankrupt sequestred shall be sold They shall 2. A. Devises 20 l. to B. and C. and 200 Acres of Land to D. and E. his Executors D. proves the Will E. wastes the assets and dies D. a Merchant makes a Feoffment of 99 Acres to F. D. is non solvent and outlawed in Ireland B. and C. joyn with the Creditors in suing a Commission D. Is a Bankrupt within this Division and 101. Acres shall be sold and B. and C. shall be relieved 3. Tenant of the King makes a gift in tail and dies having issue two Daughters within age the Donee makes a Feoffment to Coparceners office is found and the Land being seised for the King he grants it to H. a Merchant as long as it shall be in our hands H. marries the younger and is non solvent and suffers himself to be arrested at the sute of a Son born the other Daughter dies H. confesseth the action and is imprisoned in execution for the damages the Commissioners sell the Interest of H. All this is found by another office H. Is a Bankrupt within this Division and the Vendee shall have an Ouster le main 1. Discontinuee makes a Feoffment to issues in tail within age if they are remitted for they are not Tenants in Common but Jointenants 2. Tenant of the King makes a gift in tail and dies his Heir within age the Discontinuee infeoffs the Infant if he shall be in Ward because a Purchasor notwithstanding the Remitter 3. Tenant in tail discontinues hath issue a Daughter within age and his Wife with Child with a Son and dies the Discontinuee infeoffs the Daughter the Son is born if he shall have the benefit of Remitter 4. If the Interest of the King by an office shall be devested by another office without Petition or monstrance de droit 5. If a Merchant being a Discontinuee confess an action of trespass at the sute of the issue in tail and is taken in execution if it make him a Bankrupt 4. Grantee of a next avoidance presents A. by parol to a Benefice of 5 l. value per Annum he is Instituted B. a Merchant and Farmer in Ireland and Indebted there by agreement with the Grantor pays 10 l. to the
or Coroner be granted to one it cannot be granted over for such an Officer ought immediately to attend on the King without any mean for the office of a Sheriff as Sir John Davies saith well c. for life and I am of opinion that if this grant had been made before primo of E. 3. it had been a Tenure by grand Serjanty for then the Tenant could not alien without license upon pain of forfeiture But now it is otherwise so as I am of opinion that this grant being now made and in fee it was a tenure by grand Serjeancy for life in the first Patentee and his Patent was his Commission But when he doth alien or die it will be a soccage in Capite And yet if it should turn to be a Tenure by Knights service in Capite yet I shall maintain the case at latter end that the Commissioners may sell the land notwithstanding that the heir of the Bankrupt is within age and in Ward 2. A Bargain and Sale to Baron and Feme and a stranger and before inrollment they are divorced the Question is how they shall take as three several Jointenants or each shall have a third part or whether the husband and wife shall be jointenants for either of them a quarter part and the stranger a jointenant with them for a half part 35 Ass 15. It is plain that if one make a feofment to the husband and wife and a third person the Husband and Wife as one person take the one Moiety and th' other person the other Moiety vide Librum 7 H. 4. fol. 17. That they that be divorced the divorce will change and alter their estates as if Lands be given in tayl speciall to an Husband and Wife and then they are divorced the estate tayl is turned to a freehold and they are made jointenants by dividable Moieties whereas before they held by intireties and yet if they marry afterwards again they are Tenants in tayl again 3. 39 H. 6.43 The difference is taken between a feoffment before coverture and after for if it be before and then they intermarry if the Husband alien all and die the Feme shall have a Cui in vita but for a Moiety contrary if it be after marriage Copledikes Case 3. rep Baron and Feme jointenants the Baron suffers a recovery of all and dies it shall be good for nothing against the Wife But there have been many Questions raised how they shall take when a Conveyance is commenced before coverture and finished after or as our Case is when the Conveyance is commenced during coverture and finished after Divorce as if a reversion be granted to a man and Feme sole and they intermarry and the tenant attorns they shall take by entireties because by the Book of 48 E. 3. The Attornment shall not relate and yet if a Feoffment of a Mannor be made to a man Feme sole and they intermarry and then the Tenants attorn they shall be in of the whole Mannor by Moieties because in that case the Attornment will relate as it is proved by Longes Case which was Pa. 31 Eliz. Rot. 20 24. One made a Feoffment of a Mannor to which an Advowson was appendent the Church became void and the Tenants attorned it was adjudged that in this case the Attornment should relate and that the Feoffee not the Feoffer should present But in our Case here be two relations together the Relation of the Divorce and Relation of the Inrollment I have shewed that the Relation of the Divorce shall change their Estates and the Relation of the Inrollment will give it them as they were to take at the time of the ensealing of the Indent 6 E. 6. Bro. 6 E. 6. two Jointenants and one Bargains and sells all the Land and before Inrollment the other dies yet no more shall pass than the Party had at the time of the ensealing of the Deed. Surely the Deed relates to make them in by Intireties and the Divorce to make them Jointenants but shall this Relation of the Divorce change or alter the Estate of the third person And I take it this nothing at all concerns the Stranger nor shall it alter his Estate but it shall be as a matter of estopel binding the Baron and Feme but not to be respected of estrangers and this is proved by the writ of Cui ante divorcium for there the Feoffment of the Husband stood as a discontinuance till it was defeated Lex non oberit tertio extraneo prodesse alteri nemo tenetur sed obesse vetatur 48 E. 3.38 Tenant for Life the remainder for Life the remainder in Fee the first Tenant for life makes waste he in remainder in fee releases to him in remainder for life this shall not make him who was the first Tenant for life to be punishable in waste 43 E. 3.17 An appeal is brought against two as Principals and an exigent is awarded now the King is interested in their Goods they appear the Plantiff declares against one of them as principal and against the other as accessary the second desires to have restitution of his Goods he shall not for alteration of the plaint by and between the Plantiff and Defendant shall not by relation of any matter ex post facto prejudice the King or a third parties interest But before this Divorce A. grants the services to I. S. a Tenant to B. the Husband here ariseth three Questions at once 1. If one bargain to two and afterwards levies a Fine or Feoffment to one of them whether it be not such a disagreement to the former Contract as by that bargain the other shall have all and the Feoffee nothing and I think the other shall have all and the Feoffee or Conizee nothing 2. Whether if one bargain for a Mannor and before Inrollment the Bargainor grants by Fine or Feoffment parcel of the Mannor to the Vendee whether this destroys not the bargain for all It doth 3. There is Husband and wife and the Husband purchases by bargain and sale to him and his Wife and their Heirs and before Inrollment the Husband takes a Fine or a Feoffment of all and then the Deed is inrolled what shall the Wife have I think she shall have nothing For the first and for all these questions we must agree upon this ground which is set down in Hinds Ca. Coke li. 4. That if a man buy Lands by bargain and sale and before Inrollment he accepts of a Fine or a Feoffment he is in by the fine and the Inrollment is of no force The next rule is That if Lands be conveyed to two and the one will disagree in Court of Record or disclaim in the tenancy all vests in the other 17 E. 3. fo 6. a Placito 18. A gift in tail was made to the Husband and Wife and they had issue and the Baron died the Wife disagreed all descended to the issue 10 E. 4. fol. 13. The Tenant infeoffs
opinion that after the death of her Husband she shall be in bondage again quod Burton negavit but if she marry the Lord then by all she is infranchised for ever Britton fol. 78. She is infranchised for ever Natura brevi B. 78. G. I will conclude with the first authority by Fitzherbert Brittons opinion seems reasonable if she divorce not her self or acknowledge not her self in Court of Record in favour of Liberty and because she and her Husband are but one person in Law and of the same condition with him There be divers things favoured in Law as Womens dowers the King Lords Holy Church ancient Records Devises Infants Purchasors and possessions But next life Liberty of all things is most favoured 18 E. 4.6 No amercement lies against the Sheriffs return yet in a writ of Libertate probanda if the Sheriff returns that he hath no wrît of nativo habendo depending before him one may offer the contrary in favorem libertatis Quia propensiores esse debemus ad liberandum quam ad obligandum It hath been made a Question upon the Statute 39 Eliz. that appoints the Lands Tenements and Hereditaments of Accomptants to be sold which they had at the time when they fell into Arearages whether if the Accomptant shall manumit a villain he shall be nevertheless sold and the best opinion of him that read upon the Statute in this place was that his liberty could not be revoked for here were neither Lands Tenements nor Hereditaments and so here 27 Assizar Enfranchisement for a time by act in Law but if the Lord will manumit his villain for a day by his voluntary grant he is at liberty for ever The Tenant dies without heir the Question is this A Lord is a Bankrupt and dies a Tenancy escheats if the Seigniory or the Tenancy shall be sold I take it as I have concluded the Tenancy that is the Land shall be sold first see the words of the statute Primo Jacobi The Commissioners may proceed in the execution of the Commission in such sort as they might have done if the party Offender were alive this makes an end of the question for if he were alive and the Tenancy escheated the Land should be sold And therefore I shall not need to put you Cases at Common Law where the Tenancy escheating shall be bound to that where the Land was tyed 6 H. 4.1 Tenant in tail discontinues and dies and leaves a Seigniory to descend to the issue in tail a Tenancy escheats in a Formedon by the issue the Tenancy shall he Assets 14 H. 8 4. Fitzherbert cestui que use of a Seigniory a Tenancy escheats the Feoffee shall hold the Land to the use of the Feoffer 46 E. 3.4 Tenant in tail of a Seigniorty a Tenancy escheats Tenant in tail discontinues and dies without issue the Donor shall have a Formedon of the Land 3. A Commission is awarded D. is felo de se the Question a Commission is awarded and the Bankrupt becomes felo de se Office is found if the Almoner shall have his goods or the Commissioners may sell them for the Lord Almoner hath all the goods and chattels of Felons of themselves and all Deodands as appears by our Books and his Charter which I have seen 6 E. 6. Dier fol. 77. The King leases Richmond fee with all Deodands and after grants to the Almoner the term expires the grant to the Almoner void because the other lease was not recited 2. Mar. Dier fol. 107. The King grants to the Archbishop of Canter Deodands in D. and to the Almoner all in general Hales is felo de se Plow Dame Hales the Bishop is attainted the King shall have the Lease It is true as it appears in Dame Hales case That when two titles come together that is the Kings and a subjects the Kings shall be preferrd As if a villain be a fool natural the King not the Lord shall have him If a villain be felo de se the King not the Lord shall have his goods Then a Bankrupt is felo de se shall the King or the Creditors have his goods I think the Creditors For if the Bankrupt in life had no authority to dispose them as it is in Tibnabams Ca. much less shall he dispose of them by his death And admit the Almoners Patent were before the Statute of primo of the King yet both the King and the Almoner by Act of Parliament have given away their title to the Creditors 4. I have already argued that the heir of the Bankrupt is in by descent now the Case is he is within age and an office is found and that the Land is held of the King in capite the Question and the hardest question in my Case is whether after an office of all this matter found the Commissioners may sell And I think they may For this office finding the whole matter notwithstanding a tenure in capite a dying seised of the Tenant and the minority of an heir is found yet nothing vests in the King For when an Act of Parliament shall appoint the Land to go another way and the course taken according to the Statute is found in the Office the King his Officers in the Law shall consider of all the whole matter in Concreto and not in abstracto and shall challenge nothing for the King which belongs not to him as is seen by a Devise made by Tenant in capite according to the Statute of 32 H. 8. of Wills 5. The Commissioners imprison the Bankrupt in his own House Two questions first whether the Commissioners may imprison him by the Statute of 13. which gives them authority to dispose of his body as they shall see good in their discretions when as the Statute of primo appoints an imprisonment upon a special cause of refusal as if there were no Law general to imprison him in divers cases expressa nocent Vide my Moote Book I think they may It is true that Leges posteriores priores contrarias abrogant but this is not a contrary Law but a strengthning and a confirmation of the former Law in a particular nor doth it revoke the former no otherwise than that where by the Statute of 27 H. 8. Leases shall be under the Dutchy Seal This doth not take away the Authority of the Great Seal but that Grants may pass under the Great Seal since the Statute And for sureness now a days they put many times both Seals to them 2. Question is whether this Imprisonment in his own House be such a Dealing in the Commission by the Commissioners as is intended by the Statute of primo That his dying afterwards shall not alter the Case For if it be a lawful Imprisonment then here is a Dealing if not contrary for Ea possimus quae jure possimus for as it is said by Herle for a Maxime that all Leets Hundreds and in 2 E. 3. all Ports and Cities are the Kings and the Lords
have but the use and profits of them under the King so it is said all Gaoles are the Kings Prisons and none others of the Land for life and member belongs to him only and the Lords have only the regard and that is the reason that in all Corporations in their Charters they always have a Grant and liberty to have a Prison Auditors by the Statute of W. 2. cap. 11. may send the Baily found in Arrearages to Prison by the Book it must be to the next Gaol though it be in another County otherwise an Action of false Imprisonment lies So our Commissioners must be careful to pursue their Commission but because the Statute saith they may dispose of his body at their discretions therefore to stay him in his own House or in one of theirs till he be further examined I think it not amiss although I have heard that some Commissioners have been blamed for not sending him to the Gaol 1. A. makes a Feoffment in Fee to B. by livery within the view B. Covenants with C. to stand seised to the use of D. his Son A. enters and makes a Feoffment to B. D. enters and makes a Lease for years to E. a Merchant upon condition to have in Fee E. is a Bankrupt C. disagrees to the Contract E. becomes a Recusant Convict and hath not Lands sufficient to pay 20 l. a Month the Commissioners sell the Land the King seizes the Term the condition is performed The Vendee shall have the fee-simple Points 1. IF livery within the view may be countermanded by livery in fact 2. If the Feoffee to whom livery is made within view before entry Covenants to stand seized to another use and after enters if the Covenant good that is if by his entry he by relation is in from the time of the Livery 3. If a covenants with B. to stand seised to the use of C. and C. enters and B. disagrees to the Covenant if the Land shall revert to A. 4. If a Bankrupt hath a Lease for years upon condition to have fee if the Commissioners may sell the Land with the possibility 5. A Bankrupt hath a Term and is a Recusant convict if the King or the Creditors shall have the Term 2. The King Lord Mesn and Tenant of Borough English Land the Tenant by License of the King to create Tenures devises the Land to A. in fee to hold of his Heirs by Knights service A. is attainted of Felony and devises the Land to his eldest Son a Merchant Bankrupt the Mesn enters the younger Son reverses the Attainder the eldest waives the Devise The Commissioners may sell all the Land Points 1. IF the King may grant to the Tenant of another to create new Tenures in prejudice of the Mesn as to Escheats 2. If Tenure in Borough English which is always Soccage may be altered into Tenure in Knights service 3. If it may be altered as to the Custom to descend to the youngest 4. If it may be altered as to the Tenure but not as to the Custom if the youngest Son shall be in Ward 5. Upon the Statute of Wills 32 H. 8. Lord and Tenant the Tenant is attainted and Devises his Land and dies the Heir reverses the Attainder before entry of the Lord if the Devise is good 6. One Devises Land to a Merchant and he becomes a Bankrupt and waives the Devise if the Commissioners may sell the Land 3. A Merchant makes a Lease for Life to an Infant the remainder to the King for Life of A. B. enters and dies seised the Deed is Inrolled A. dies the Infant enters the Lessor in consideration of marriage covenants to stand seised to the use of himself and his Wife and their Heirs the Infant at full age makes a Feoffment the Heir of the Disseisor enters the Lessor is a Bankrupt the Commissioners sell Lessor dies the Feme waives This is a good Sale of all the Land in Possession and Reversion Points 1. WHether the Inrollment doth not relate to avoid the descent 2. Whether the Entry of the Infant reduce the reversion 3. Whether the Sale not being good against the Wife is made good by her waiver Vide ante the Principal Case 5. One grants a Rent Charge to a Physician and his Heirs pro Consilio impenso impendendo the Physician is his own Apothecary and becomes non solvent for Drugs and Simples which he used in his Art a Commission is awarded the Physician keeps his House for fear of Arrests the Physician brings a Writ of Annuity and recovers by erroneous Judgement the Commissioners sell the Rent the Recoveree reverseth the Judgment the Physician dies This Sale of the Commissioners was good for this Rent but not to take effect during the Life of the Physician Points 1. IF an Annuity in Fee be granted pro Consilio may be sold 2. Whether he have any Election after he is Bankrupt 3. Whether the bringing of this Annuity which is reversed be an Election 6. One makes a Gift in Tail rendring Rent and dies the Rent is arrear a Disseisor enters and levies a Fine five years past the Heir of the Donor is a Bankrupt The Commissioners shall sell the Rent and the Arrearages Three Points upon the Statute 1. UPon the Statute of Fines the Second and Third upon the Statutes of Limitations and Bankrupts 1. Upon the Statute of Fines that is if Fines of the Land shall be a Bar for the Rent 2. And 3. Upon the Statute of Limitations If Commissioners may sell when the Party was concluded by the Statute of Limitations 6 Jacobi Banco Regis Executors notwithstanding no Seisin in their Testator by fifty years shall destrain by the the Statute of 32 H. 8. 7. A. and B. Tenants in Common of the Mannor of D. and Jointenants of the Mannor of S. They by Deed Poll bargain and sell Common of Pasture within the Mannors for a Cow to C. and his Wife and to the Heirs of their two bodies begotten C. the Husband grants the Common to E. in Fee the Wife dies without issue E. is a Bankrupt E. had Common for a Cow but it is neither Land Tenement nor Hereditament which may be sold by the Commissioners 8. The King grants to I. S. that he only for his life shall have the Importation of Steel he assigns his Patent to I. N. a Merchant I. N. becomes non solvent and after acknowledges himself to be a Villain regardent to the Honour of Hampton-Court a Commission is awarded I. N. Is a Bankrupt and the Commissioners may sell all his Lands and Goods but not the Monopoly 9. A. and B. Jointenants Covenant for natural affection to stand seised to the use of C. for life C. enters and B. dies C. dies the Heir of B. makes a Gift in Mortmain the Lord before entry bargains and sells the Seigniory to I. S. who enters and makes a Gift in Tail the remainder to I. N. a Merchant Tenant in Tail is
Kings debt before sale but if they had sold before the process awarded the Sale would have been good 11. A Merchant is imprisoned and becomes debtor to A. six months past A. shall have relief for he is not a Bankrupt by relation 12. A Bankrupt is committed to prison by Commissioners because he will not answer interrogatories the Jaylor gives him credit for victuals he shall not be relieved although he come in before distribution or any man that trusts him after 13. A Bankrupt is indicted and convicted of erecting of Cottages and entertaining of Inmates contrary to the Statue of Eliz. 31. Cap. 7. which gives 10 s. a moneth forfeiture to the Lord of the Leet where the offence was committed and an Action of debt for the money he shall not be relieved for this debt because no Creditor 14. A Merchant is bound as Surety for a Gentleman and neither of them will pay but for fear of Arrest the Merchant keeps his house the Creditors shall be relieved Denhams Case 15. An Executor becomes Bankrupt a Legatee shall be relieved 16. A Decree is made in Chancery that a Merchant shall pay 20. l. to I. S. as a debt due in equity I. S. shall be relieved 17. But it is decreed in Star Chamber that a Merchant for a wrong done to I. S. shall pay him 20. l. and the Merchant becomes a Bankrupt I. S. shall not be relieved 18. One hath a debt not yet due he shall be presently relieved with a rateable part of abatement for the time 19. Four Moneths are past and distribution made and other goods and Lands come or descend to the Bankrupt the Creditors shall have no relief of them The eighth Division What Conveyances made by a Bankrupt before or after he is Bankrupt shall be good or fraudulent and void 1. A Merchant to defraud his Creditors conveys his Lands to the Crown with a secret hope that some friend of his a Courtier shall get them again this Conveyance is void for the King shall never be made an instrument of deceit 18 E. 3. 2. A Bankrupt takes a Feme after he is a Bankrupt she shall not be indowed but if Lands afterwards descend to him of that she shall be indowed 3. A Bankrupt is disseisor Commissioners sell the Land and before the deed be Inrolled the disseisee 〈◊〉 to the Bankrupt the Vendee shall have the 〈◊〉 his release Quaestio difficilis 4. A Bankrupt to defraud his Creditors by Coven with a Lord of a Liberty becomes a Clerk convict yet the Commissioners shall sell 5. Lord and Tenant the Tenant makes a Feoffmen to deceive the Lord of the Wardship of his heir within age the Tenant becomes a Bankrupt the Land shall be sold for although the Conveyance were fraudulent against none but the Lord yet there was a Trust between the Feoffor and the Feoffee 6. A Conveyance made by a Merchant in Marriage with his daughter is good But if he make such a Marriage and Conveyance of purpose to defraud his Creditors with an intent that his daughter shall rather have his goods than his Creditors the Land shall be sold The ninth Division What shall be said to be a Concealment of a Bankrupts Goods Lands Estate or person 1. THe Bankrupts Wife refuses to be examined no remedy 2. The Bankrupts Wife is examined but refuseth to discover either her Husbands estate or his person she shall not be committed 3. A Merchant bona fide sells Land to I. S. and afterwards becomes Bankrupt I. S. may choose to shew his Evidence The tenth Division What Declaration or Accompt the Commissioners shall make to the Creditors of a Bankrupt and what remedy is there for the same 1. IF the Bankrupt die yet his Executors shall have an action against the Commissioners but if all the Commissioners die their Executors nor the Executors of the Survivor are not accomptable 2. If after seizure and before distribution all the Commissioners but one die he cannot proceed alone but a new Commission shall be awarded and the new Commissioners shall call the old to accompt 3. If the Commissioners will not pay a Creditor his rateable part he hath his Action of debt The eleventh Division What authority the Commissioners have over the body of the Bankrupt The twelfth Division What danger it is to be out of the Kings protection by the force of this Statute FINIS