Selected quad for the lemma: land_n
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A28470
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The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.
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Blount, Thomas, 1618-1679.
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1670
(1670)
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Wing B3342; ESTC R19029
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141,329
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238
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lawfully endowed and paid his first Fruits and Tenths Resolved by all the Court that it shall be presumed that the Vicaridge was lawfully endowed And that it is a dangerous President to examine Originalls of Impropriations and Endowments of Vicaridges for that they may perish And so it was decreed for the Plaintiff Hill 4. Jac. Regis Bedle and Beard Anno 31. Ed. 1. The King being seized of the Mannor of Kâ—mbolton to which the Advowson of the said Church was appendant by Letters Patents granted the said Mannor wish the Appâ—â—tenances to Humphry de Bohun Earl of Hereford in tayl generall Humphry de Bohun the Issue in tayl by his Deed. 4 Ed. 3. granted the said Advowson then full of an Incumbent to the Prior of Stonely and his Successors And at next avoydance they held In proprios usus Upon this Appropriation Concurrentibus his quae in jure requiruntur the Prior and his Successors held the same till the dissolution of the Monastery 27. H. 8. The said Mannor descended to Edward Duke of Buckingham as Issue to the Estate Tayl. And the Reversion descended to H. 8. The Duke 13 H. 8. was attaint of High Treason 14 H. 8. The King granted the said Mannor c. with all Advousons appendant c. to Richard Wingfield and his Heirs Males 16 H. 8. It was Enacted that the said Duke forfeit all Mannors c. Advousons c. which he had c. in 4 H. 8. The King 37 H. 8. granted and sold the said Rectory of Kimbolton as impropriate in Fee which by mean conveyance came to the Plaintiff for 1200 li. 37 Eliz. Beard the Defendant got a Presentation of the Queen by Lapse pretending the said Church was not lawfully impropriate to the Prior. 1. For that Humphry who granted to the Prior had nothing in it nothing passing to his Ancestor by these words Manâ—rium cum pertinentiis 2. Or for that having no more but an Estate Tayl by his death his Grant was void But Resolved by the Lord Chancellor Ellesmere with the principal Judges and upon consideration of Presidents that the Plaintiff shall enjoy the Rectory for though by any thing which can now be shewn the Impropriation is defective yet it shall be now intended in regard of the antient and continual possession that there was a lawfull grant of the King to the said Humphry who granted in Fee so that he might lawfully grant it to the said Priory Omnia pâ—â—sumitur Solâ—mniter esse acta And all shall be presumed to be done which might make the antient Impropriation good And antient Grants and Acts shall not be drawn in question though they cannot be shewn for Tempus edâ—x rerum Letters Patents and Writings may consume be lost or imbezilled And therefore the Church was allowed to be rightfully impropriate and the rather in regard of the antient and long possession of the Owners of the said Rectory Mich. 4. Jac. Regis Case of Forfeiture by Treason Hill 43 Eliz. A Case was moved to all the Justices Tenant in Tayl before the Statute of 27 H. 8. made a Feoffment in Fee to the use of himself and his Wife in Tayl. And after the said Statute the Husband was attaint of High Treason 31 H. 8. and dyed The Wife continued in possession and dyed their Issue enter and die and this descends to his Issue and all this found by Office The Question was if the Issue in Tayl or the King shall have the Land 1. And it was objected that the antient Estate Tayl cannot be forfeited because it was discontinued and such right of Action cannot be forfeited As was agreed in the Marquess of Winchesters Case 2. The Feoffor himself in this Case had not any right to the antient Estate Tayl it being extinguished by his Feoffment and therefore by his Attaint could not forfeit what he had not 3. The Issue in Tayl in remitted to that antient right which cannot be forfeited And the new Estate Tayl derived under the discontinuance which may be forfeited by the Statute 26 H. 8. cap. 13. is continued and by Act in Law viz. the discent and remitter avoided And the Kings Estate may be divested out of the King by remitter As if Tenant in Tail grant Land to the King c. and the King grant the Land to the Tenant in Tail for life the remainder to his Son and Heirs for life Tenant for life dies the Issue by and in Law is remitted and the Kings Estate is divested out of him This accords with Plow Com. 489. Nicols Case 1. Resolved that in this Case the Issue in Tail is barred for though right of Action cannot be given to the King by the 26 H. 8. yet when Tenant in Tail discontinues his Estate to the use of himself in Tail and after is attaint of Treason now by that Statute he doth not onely forfeit the new Estate in Tail but by this the right of the antient Estate is barred for ever And so note out of the said Statute a diversity between a naked right of Action not forfeitable and an Estate of Inheritance forfeiâ—able coupled with an antient right for which the Forfeiture of the possession is barred by the said Act And iâ— is not like the Case in Plow Com. of Remitter for this is no barre of an antient right Pasch 4 Jac. Regis Case at a Committee aoncerning Bishops At this Parliament held Pasch 4 Jac. Regis It was strongly urged at a Grand Committee of Lords and Commons in the Painted-Chamber that such Bishops as were made after the first day of the Session were not lawful Bishops 1. Admitting them Bishops yet the manner and form of their Seals Stiles Process and Proceeding in their Ecclesiastical Courts were not consonant to Law Because by the Statute 1 Ed. 6. cap. 2. it is provided That thenceforth Bishops should not be Elective but Donative by Letters-Patents of the King And for that at this day all Bishops were made by Election not Donation of the King therefore the saâ—d Bishops are not lawful 2. By the same Act it is provided That all Summons c. and Process in Ecclesiastical Courts shall be made in the King's Name and Stile and their Seals Engraven with the Kings Arms and Certificates made in the Kings Name It was therefore concluded Thâ—t the said Statute being still in force by Consequence all Bishops made after the Act 1 Jac. were not lawful Bishops And the Proceedings being in the Name of the Bishop makes them unlawful Quia non obserâ—ata forma infertur adâ—ullatio actus Upon Consideration had of these Objections by the Kings Commandment it was Resolved by Popham Chief Justice of England â—nd Coke Attorney of the King and after affirmed bâ— the Chief Baron and the other Justices Attendant to â—he Parliament that the said Act of the 1 Ed. 6. cap. 2. is not now in force being repealed annulled and annihlated by three several Acts of Parliament Any whereof being
Justices That forasmuch as no Corruption and Circumvention was proved in any of the Parties of which they may be Indicted at the Suit of the King or punished in this Court that the Fine shall stand And it was not apparent to the Commissioners he was within Age seeing he wanted but six Weeks but if they had known it it had been a Misdemeanour in them And for this in this Court Mich. 24. 25 Elliz. 15. Between William Cavendish and Anne his Wife one of the Co-Heirs of Henry Knightly against Robert Worsley and Katharine another Co-Heir and Trafford and others Defendants The Case was That Robert Worsely and Katharine his Wife being within Age acknowledged a Note of a Fine before Trafford and another of the Defendants by Dedimus Potestatem And by the Decree the Commissioners knew Katharine was within Age and therefore every one of them was Fined but the Fine stands Mich. 38 and 39 Eliz. In this Court one Alexander Gilderbrand seized of Lands in Windham in the County of Norfolk in Fee one Hubbard procured one Roger to take upon him the Name of Alexander Gilderbrand who was then beyond Sea to acknowledge a Fine to the said Hubbard of the said Lands and they were Fined in this Court and the Lands ordered to be re-assured to Alexander on pain of a greater Fine But the Fine was not drawn off the File nor Damages awarded to the party grieved Mich. 12 Jac. Regis Mansfield's Case 23 Eliz. In the Court of Wards the Case was this Henry Bushly seized in Fee of Lands in Northmims in the County of Hartford by his Will in writing demised the said Lands to Henry Bushly his Son in Tail the remainder to William Bushly And because his Son was within Age he demised the Education of him to Thomas Harrison whom he made his Executor Afterward it hapned that Henry the Son became a deformed Cripple and proved an Ideot a Nativitate which Ideot by the practice of Nichols and others was ravished from his Guardian and carryed upon mens shoulders to an unknown place and there kept in secret till he had acknowledged a Fine of his Lands to one Bothome before Justice Southcot 9 Eliz. and by Indenture the use of the Fine was declared to be to the use of the Cognizee and his Heirs which Bothome 12 Eliz. conveyd the said Land to one Henry Mansfield And 22 Eliz. the said Henry Bushly the Son was by Inquisition found an Ideot a Nativitate And upon this 33 Eliz. the Court of Wards took order for possession of the Lands And it was moved That though the Fine binds the Ideot yet the Indentures are not sufficient to direct the Uses But it war Resolved That forasmuch as he was enabled by the Fine as to the Principle he shall not be disabled to limit the Uses which are but as accessory The same is the Law of an Infant and a Feme-Court And the said Mansfield brought an Action of Trespass in the Common-Pleas against one Trott Farmer of the said Lands and the Issue was tryed at the Bar and the Deformed Ideot brought out of the Court of Wards to be shewn to the Judges of the Common-Pleas and to the Jurors And the Judges hearing that Mansfields Title was under the Fine levyed by that Ideot the Lord Dyâ—r and Court caused a Juror by consent to be withdrawn and the Lord Dyer said That the Judge who took the Fine was never worthy to take another yet notwithstanding all the Fine stood good Mich. 12 Jac. Regis Warcombe and Carrel's Case 20 Octob. 6 Eliz. In the Star Chamber the Case was Edward Carrel an Apprentice of the Laws for a great sum of money bought the Wardship of Joan the Daughter and Heir of Warcomb in the County of Hereford and marryed her to Edw. Carâ—el his youngest Son And after Hill 5 Eliz. the said Joan fell sick and being of the Age of 19 years and having no Issue Edward her Husband perswaded her to acknowledge a Fine of her Inheritance by which should be conveyed an Estate to the Husband and Wife in Tail the remainder to the right Heirs of the Wife and Cognizance was taken by Ded. Potest directed to Sir Thomas Sanders and one Châ—snel of Grays-Inne before Easter divers Judges being here who might have examined her and on Friday in Easter Week she dyed but the Fine l'argent du Reigne was entred as of the last Term viz. Hâ—llary Term 4 days before the Wives death The Original Writ of Covenant bore Test 15 Jan. ret Crastin Pur. and the Ded. Potest 18 Jan. And James Warcombe Cosin and Heir of Joan complained by Bill against Edw. Carrel for getting the said Fine by indirect Practâ—ces and thereupon the Sentence of the Court was as followeth This day a right honourable Assembly being in this Court the matter depending in the same between James Warcombe Esque Plaintiff and Edw. Carrel of London Gent. Defendanâ— as well concerning the validity of a Fine levyed by the said Edward and Joan his wife which â—oan as the Plaintiff alleâ—dges was under age at the time of the Fâ—â—â— levyed and also for certain undue means committed by the said Edw. Carrel in the suing out and getting the said Fine and upon hearing all that could be alleadged on both parts the said Fine was by the Opinion of the whole Conrt adjudged good and effectual in Law And also no fault judged to be in the said Edward Carrel in suing out the said Fine but that the sâ—me was sued out in duâ— form and order of the Laws of this Realmâ— and this is within the Rule Facta tenent multa quae fieri prohibentur And as Carrel was not punished though he knew his Wife within Age so nor Hungate shall be punished though she knew her Son so and the rather by reason of that antient Verse Iâ—ges Communes sinescit Faemina iles M Clericus â—t Cultor Judix sibi parcet et ultor And by Sentence all were dismissed c. Among the Records in â—he Treasury Inter placita c. de Term. Sanct. Mich. 42 Ed. 3. Rot. 27. â— Cornubiâ— Helena filia Hugonis Alloâ— brought an Appeal of Robbery against I awâ—ence Boskosleak Rich. Câ—horta Jo. Gilmin and Joan his Wife and others and the Defendants plead not guilty and were found not guilty Nec unquamse subtraxerunte Iden praedictus Laurentius omnes alii c. cant inde quieti El praedicta Elena pro falso appello suo committitur c. et super hoc praed Laurentius alii petunt juxta forman Stat. quod Juâ—atores inquirant quae damna c. Et super hoc quaesitum est à praefatis Juratoribus c. Quidicunt quod praed Laurentius sustinuit ad valentiam 10 l. c. et sic singulatim de caeteris c. dicunt etiam quod Helena praed non est sufficient c. et quod Johannes Riddel sen Jo. Riddel jun. c. abettaverunt praed