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
lewdness of the Breaker therefore and that my endeavours may tend more for your Learning and mine than for our Delights Now my Law is this 1. Who shall be said a Merchant or other Person seeking his Trade of Living by Buying and Selling within this Statute An Adventurer in the East-India Voyage is within this Statute To Newfound-Land for Plantation or Discovery is not An Adventurer in the Virginia Voyage is not One of the Muscovia Company Adventurer to Green-Land and Discovery is not A Clothier or any Manual Occupation which is within the Statute of 5. Eliz. of Labourers A Grasier is no Mechanick A Gentleman goeth beyond Seas and giveth his Bills of Exchange to be paid here by his Bayly or Steward who accepts it and after that protesteth no Merchant Goldsmith Hammer-man Goldsmith-Shopkeeper the same of Jewellers A Feme-Covert sole Merchant in London the Husband is Out-lawed the Commissioners sell the Land of the Husband who dies the Wife brings Dower London 11. Ash She is Sister to the Elder Brother and after another Brother is Born Heir to the Elder There is a difference between a Smith and an Ironmonger A Feme-Covert sole Merchant an Obligation is made to the Husband and Wife and they are Divorced and she is a Bankrupt An Inn-keeper is within A Courtier takes a Lease of the King of the Preemption of Tinn if he shall be within the Statute during his Term. One hath a Monopoly of the sole making and selling of Glasses or Cards he is not within but any who hath the sole Importing or Exporting of any Commodity is within A Merchant gives over his Trade and seven Years after becomes non solvent for Money he owed while he was a Merchant he shall be a Bankrupt Jo. Quarles But if it were for new Debts contrary Hickmough's Case But if he were indebted and gives over his Trade and his Debts are continued at Interest and the Bonds from time to time renewed he is no Bankrupt by John Stone Where one shall Sue for his Debt before it is due If an Assign shall have a Re-extent If an Assign shall have a Writ of Errour See Davies Reading 2. Who shall be said a Subject Born within this Realm or any of the King's Dominions or a Denizen One Naturallized by Act of Parliament The Son of an Embassador of Venice born here and after Sworn to his King One is made Denizen so that he is only a Purchaser for his Life One Born upon the Sea upon the Coasts of Holland One Born in the Port of Diep The Bishop of Sodor Born in the Isle of Man A Denizen upon condition that he shall not depart the Realm and he for Debt departeth One made Denizen of Ireland by the Charter of Ireland 11. H. 8. Kelloway fol. 202. A difference between the Isle of Man and Wight c. A Pewterer goes beyond Sea and there useth his Trade he shall lose his Priviledge and the benefit of an English-man saith the Statute of 25. Hen. 8. cap. 9. One hath a Prisoner in Execution for Debt and becometh a Bankrupt if he escape if the Assigns may have an Action of Escape Quere If the Bankrupt release to the Prisoner if such a Debt may be Assigned for his Body is a Pledge 3. What shall be said a Departing from his House or out of the Realm A Merchant keeps his Ship for fear of Arresting which Ship is by Pyrates or Tempest driven beyond Sea A Merchant departs the Realm to Merchandize and having loss by Tempest he returneth not upon a Privy Seal if the King or his Creditors shall have his Goods A Commoner keeping his House A Merchant indebted leaveth off to Merchandize and after keepeth his House One keepeth his Ship or his Mill or being Church-warden keeps himself in any part of the Church One that hath no House but an Upper-Chamber One that is a Keeper of a Castle of the Kings One that hath no House but Sojourns now in one place and after in another Absenteth himself A Capias de Excommunicato Capiendo is awarded against a Merchant who absents himself for fear of being thereby Arrested no absence within the Statute generally An Attachment out of Chancery is awarded against a Bankrupt for not payment of Money decreed if he absent himself he is a Bankrupt Contrary if it were for not making a Conveyance Taking of Sanctuary Parries Case before the Bishop of Ely Feb. 1. 1616. A Recusant Convict grants an Advowson for 21 Years and dies the Church becomes void The Question is if his Heir or the Lessee shall present upon the Statute of 3. Jacobi 4. Sufferance of himself to be Arrested or Imprisoned for six Months by 1 Jacobi Outlawed Outlawed without Proclamation An Outlary reversed by Errour and Averment a difference One outlawed for Felony committed after he is a Bankrupt if the King by the Outlary or the Creditors shall be preferred for the Goods One outlawed in Ireland 5. Yeilding himself to Prison Imprisoned by 1 Jac. for a Fine in the Star-Chamber by Exchequer Process For a Fine before the High Commissioners For a Debt recovered in the Admirals Court. His Goods being Attached or Sequestred A Merchant Farmer of a Rectory the Parson serveth not the Cure 6. What Authority the Commissioners have upon the Body of the Bankrupt A Merchant confesseth himself to be the Villane of I. S. who taketh his Goods A Merchant enters into Religion after Bankrupting or before his Executors c. A Bankrupt is made a Clerk 7. What Lands Tenements and Hereditaments of a Bankrupt which is Free-hold may be sold which he hath in his own right or purchased joyntly with his Wife or Children or shall be said to descend or come to him before or after he is become a Bankrupt Sale of Lands in Tayl. If such a sale may prejudice him in remainder or it shall be construed a Feoffment of Record as a Fine is One hath Land in right of his Wife if it may be sold to one to have during the Goverture A Merchant makes a Feoffment to one upon condition to pay Money if the Commissioners may transfer this power to perform the condition to any A Merchant maketh a Feoffment upon condition that the Feoffee shall pay the Money and it is not paid if the Commissioners may give Authority to any to enter for the condition broken Land is devised to a Merchant or a Remainder or an use is limited to him if he can waive after he is a Bankrupt Rentseck whereof there is no Seisure shall be sold A Barony Earldom or Baronetship are Hereditaments and yet shall not be sold A Villane shall be sold but if the Bankrupt Infranchise him Quere If he shall be sold again The Office of Warden of the Fleet or Gaolor of Inheritance and all other Offices of Inheritance shall be sold contrary of Offices of Trust which are but for Life A Monopoly granted to one and his Assigns shall not be sold Land
not properly upon this Statute for the death of a Bankrupt is not provided for by this Statute but plainly by the Statute of primo Ja. the last Clause and I think that even for the debt of such a Wife it shall be sold after his death and although I put it that a Feoffment is made to him by the Son which cannot work by way of Livery because he was Tenant in tail yet if the Donor will enfeoffe the Donee by Deed this will work to the increasing of his Estate by way of confirmation 7 H. 6. 5. If the Inheritance of the Feme shall be sold She hath power to forfeit it by Attainder or by Cessavit and by this Statute they may sell all the Bankrupts Lands lawfully that is by any lawful course of Conveyance depart with all 6. The Commission shall be in force against her after the death of her Husband for if her Husbands death shall not help his Heir a Fortiori it shall not help her that lives Also as the credit of the one was the credit of the other for who would trust a Woman whose Husband was known to be of no credit so the offence of the one is the offence of the other and the gains of the one the gains of the other 7. But if this Man and Woman be both Aliens then neither of them are within this Statute but another course must be taken with them by the Statute of H. 8. cap. The Woman was born upon the Coasts of Flanders and the Man in the Port of Diep and I hold them both born in the Kings Dominions for him that was born in the Port I mean in a Ship lying at that Port Town there is small question but it is within the Kings Dominions It is said of King H. 2. That he was the greatest King that ever was in England for he had all the Land and Sea under his Dominion from the Orcades to the Pireneian Mountains which sever France and Spain England and Scotland he had by the Norman Conquest they and Normandy were laid together by Hen. 1 Anjou Tourain and Main were the Inheritance of his Father the first Plantagenet Poytiers and Aquitaine he had by his Wife Britainy held of him as of his Dukedom of Britainy so as all the Sea Coast even from Calis to St. Sebastians in Spain was his so that the French King had no way nor passage to the Sea nor Jurisdiction in the Sea It is true that by the Attainder of King John for the murthering of Prince Arthur a great part of all this was seized by the King of France and in the end by R. 2. H. 6. and Queen Mary all the Land was lost but the Sea was never lost witness the Isles of Alderney which stand within three Miles of France and Gersey and Garnsey which the French to this day could never conquer and yet they speak French and indeed are all that is left to the King of England that was any part of the Dakedom of Normandy But the Coasts of Flanders is more doubtful for Flanders was never in the Jurisdiction of the King of England but yet they were never Masters of the Sea The Lord Admirals Jurisdiction that he claims is at this day as well of the German Ocean as in the Straights and we say the Dutchmen do us wrong to Fish in these Seas 8. But admit the Woman is an Alien yet I take it if her Husband be an Englishman they shall be both Bankrupts within the Statute he as I said by the Law and she by Law and Custom for as the Custom will allow her to be a sole Merchant if her Husband he a Citizen altho' she be an Alien so likewise shall her Estate be subject 9. But if he be an Alien yet all will be one for his Goods but his I ands are the Kings for if he will Trade and Traffiâ—ue by his Wife and her Credit being English and having Land and so have and enjoy the Priviledges and Benefits of a Subject by his Wives legitimation her Land and the Custom of the City there it is no reason but that he should be subject to such Laws as other Subjects are So as if the Wife be an Alien and the Husband a Subject or the Husband an Alien and the Wife a Subject they are clearly in both cases within the Statute for Goods but my Case is for Lands and in my Case I hold them both born within the Kings Dominions 10. But the greatest Question in my Case and a thing never yet put in uâ—e or questioned is if a Bankrupt is Tenant in tail if by the sale of the Commissioners the issue in tail shall be barred they shall for the words of this Statute and of the Statute of 26 H. 8. are all one The words of 26. are If any parsons shall be attainted of any High Treason by course of the Common Laws they shall forfeit to the Kings Majesty their Lands Tenements and Hereditaments wherein they have any Estate of Inheritance Our Statute is That the Commissioners by Deed enrolled may sell the offenders Lands Tenements and Hereditaments as well Free as Copy c. in neither of these Statutes are intailed Lands mentioned But we see in Walsingham's Case Plowd and in Dowghties Case and in common experience that an Estate tail is forfeited by 26 H. 8.13 But you will say in 26 H. 8. there be words more to carry it than in your Statute for that saith any Estate of Inheritance and an Estate tail is an Estate of Inheritance but our Statute hath words which tant amount for ours is of all Lands Tenements and Hereditaments which he or she may lawfully depart withal and Tenant in tail may lawfully by fine cut off his issue And it is set down for Law that a gift in tail with condition that the Donee shall not levy a Fine is unlawful a void and repugnant condition for it is said in Mary Portington's Case there be three incidents to Estate tails at the Common Law by Statutes and by Custom By the Statute of 32 H. 8. cap. 28. to levy fines and no condition can take away that from an Estate that is incident to the Estate as it is put of Dower Tenant by the courtesie 11. The last is upon my conclusion admit that the issue in tail could avoid the Lease whether the Vendee hath the same priviledge If Tenant in tail make a Lease not warranted and dies and the issue levy a fine before entry 33 H. 8. Dier The Conizee shall not avoid the Lease 8 E. 3. p. 22. The same is if he accept the Rent or confirm the Lease before entry The Lord Bedford's Case Cook lib. 7. The Kings Gardian shall avoid The King hath the Temporalities of a Bishop he shall avoid and all this is for the benefit of the Heir or Successor and so in our case it is for the benefit of the Bankrupt for in the end they must
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