of Wight is parcel of Hamp-shire and Wales and Ireland are parcel of the Realm for Writs of Errour lie c. And I think it is very true Hollinshead description of Britain fol. 16. b. that the Isle of Man was then no parcel of the Realm for the first mention thereof in any Chronicles is the same year that England was Conquered by the Normans for when Harold had at Stainford-Bridge Conquered another Harold that was King of Norway one Gordard the King's Son of Ireland fled to the Isle of Man in time Conquered it and made himself Lord and Landlord of all the Isle So as to this day there is not a Free-holder in that Island but all are Tenants to the King of that Country It is about thirty miles long and fifteen miles broad it is not governed by any written Laws or Courts of Record but all their Controversies are ended by Arbitrators whom they call Deemsters When King John Conquered Ireland he sent Forces into Man and wasted it all but seated no Government there 1240. One Harold of the Norway Line was received and was invested in the Kingdom of Man by the King of Norway and yet afterwards he was made Knight by the King of England 1250. Or thereabouts in King Ed. 1. time Alexander King of Scots having Conquered all the Islands either by Strength or for Money amongst the rest brought the Isle of Man under his Dominion the old King's Daughter sued to Edw. 1. as to the Supream Head of Scotland the Answer Sequatur coram Justiciariis de Banco Regis ut Justicia Edw. 2. granted it to Piers Gaveston but in Anno 1393. William of Mountacute by strength won it from the Scots as Thomas of Walsingham saith and sold it to William Scroop he was attainted and so it came to Hen. 4. The King of England he granted it to Henry Peircy to hold it by carrying before the King Lancaster's Sword but presently he was attainted and the King granted it to Sir John Stanley and so it came to the Earl of Derby Seman's Case 5. Reports A Man's House is his Castle and his Castle is his House Points upon the first Case 1. IF Tenant for years may attorn before Entry 21 H. 7. One makes a Lease for years and before the Lessee enter the Lessor releases to him the release is void One bargains and sells his Land to another and before the Deed is inrolled he attorns to the grant of the reversion and after the Deed is inrolled and the Bargainee enters 21 H. 7.28 H. 8. Dyer Debt for Rent lies before entry of the Lessee Litt. Lord and Tenant the Tenant makes a Lease for life the Lord grants the Seigniory to the Tenant for life in Fee the Tenant ought to attorn yet he shall not hold of the Tenant for life during his life 28 H. 8. Brook Tenant for twenty years makes a Lease for ten years Tenant for ten years attorns it is good 20 H. 6 7. A Seigniory is granted by Deed to one for life the remainder in Fee Tenant for life dies before attornment c. contrary if it were by Fine 11 H. 4.18 One who hath nothing in the Land must attorn as Tenant in Dower who hath assigned her Estate 2. The reversion of Tenant in tail is granted he commits Treason and attorns and is attainted 12 E. 4.3 Tenant in tail shall not be compelled to attorn but 15 E. 4.13 if he attorn voluntarily it is good Nor Tenant in tail after possibility c. 46. E. 3.13 39 E. 3.20 3 H. 6.12 5 H. 5. Attornment 17. One makes a gift in tail rendring Rent the Donor by Fine grants the Rent the Tenant in tail must attorn 8 H. 5.10 Tenant for life grants his Estate upon condition the Lessor grants the reversion Tenant for life attorns and after performs the condition yet the Attornment is void But all the question is upon the relation of the Office and this shall not vacate the Attornment for it shall not relate for the mean profits of the Land Sir VVilliam Fleetwood's Case Cook lib. 8. by the same reason if Rent were reserved it were well paid and well received and sufficient to invest the reversion in the Grantee 3. Adventurer to the East-Indies is within the Statute 4. Gardian of a Ship is within the Statute The Chancellor hath authority to award a Commission but not to grant Supers And therefore death of the King or a new Commission leaving out the old Commission may be but no Supers If the King present to a Benefice above 20 l. the Chancellor cannot make a revocation but as well in our Case as in that Case by Warrant under the Signet Privy Seal or Seal Manual the Chancellor may award Supers 6. Denizen of Ireland Points upon the Third Case 1. TEnant for life the remainder to the right Heir of I. S. makes a Feoffment in Fee upon condition and enters for the condition broken who shall enter for the forfeiture The Feoffer shall not enter for all is out of him by the Feoffment and he hath nothing but a possibility The right Heir of I. S. shall not enter for his remainder is destroyed The first Question is upon the Statute of W. 2. cap. 25. Whether if Lessee for years make a Feoffment by Livery within the view the Feoffer or Feoffee or both of them or neither be Disseisors 2. Upon Baron and Feme whether a Feoffment without Deed to the Baron and Feme and Livery only to the Feme invests any thing in the Husband 3. Upon the matter admit they are both Disseisors whether the release made to the Husband shall exclude the Wife it shall but in this Case where Tenant for years enfeoffes two and the Lessor releases to one he shall not hold out his Companion 4. Baron and Feme are Joynt-Tenants of a term and the Baron is made King what is become of the term and so of Freehold Whether the King shall have all or the Queen all or they remain Joynt-Tenants or Tenants in Common they are Tenants in Common 5. A Feme commits a Disseisin to the use of her and her Husband and the Husband is made King and the Disseisee releases to the King what is wrought if he can agree to the Disseisin being King 6. A Feme Covert Alien purchaseth the Husband is made King and Office is found 7. A Feme Covert purchaseth the Husband is made King if he can waive Points upon the Statute 1. IF one born in the Isle of Man is within the Statute 2. If Adventuring to Virginia is Merchandizing 3. If an Inn-keeper be within the Statute 4. If going to the Isle of Man be a Departing 5. If keeping of a Castle be a keeping of his House The Second Division Who shall be said a Subject born of this Realm or of any of the late Queens Dominions or Denizen 1. A. and B. Disseise C. who in consideration that A. at his request hath
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
Bankrupt becomes Lunatique and Office is found yet the Land shall be sold 12. A Bankrupt is Tenant in Tail the remainder in the King of the Provision of the King sale by the Commissioners shall not be good against the issue in Tail for the Bankrupt neither by Fine nor Recovery could lawfully part with it but for his life 13. A Bankrupt hath a Seigniory the Commissioners seize before assignment a Tenancy escheats the Tenancy shall be sold but if after seisure of the Seigniory and before the Escheat the Bankrupt dies the Commissioners shall not sell by this Statute but by the Statute of primo Jac. the Tenancy shall be sold 14. Two Joyntenants one is a Bankrupt the Commissioners seize a Moiety the Bankrupt dies no part shall be sold by this Statute but by primo Jacobi a moiety shall be sold for that Statute is that the Commissioners shall proceed as if he were living 15. A Merchant takes a Wife after he is a Bankrupt she shall not have Dower against the Vendee 16. A Feme Covert sole Merchant inheritrix in London is a Bankrupt her land shall be sold and her Husband shall not be Tenant by the courtesie 17. A Bankrupt commits Felony the Land shall not escheat but the Commissioners may sell it The fifth Division What Copy-hold Lands shall be sold and in what case Composition shall be made with the Lord and in what not 1. THe Lord sells the Freehold of one sole Copy-holder to A. the Copy-holder is a Bankrupt the Commissioners shall sell 2. The Lord is to be compounded with for the Admission by the Statute and in this Case here can be neither Surrender nor Admission yet by the equity of the Statute the Lord must be compounded with 3. Commissioners sell a Copy-hold the Vendee tenders to the Lord a competent Fine which the Lord refuses and will not admit the Vendee the Vendee may enter 4. If a Copy-hold be intailed to a Bankrupt in a Mannor where Recoveries are used to cut off intails Commissioners may sell but if no Custom be for Recoveries contray 5. A Copy hold is surrendered to the use of a Bankrupt who will not take it up or sue to be admitted because it shall not be liable to his Creditors the Commissioners shall sell it 6. A Copy-hold is surrendred to the use of a Bankrupt who will not be admitted the Commissioners shall sell but the Vendee shall pay two Fines 7. A Copy-holder where the Feme by Custom shall have Dower surrenders into the hands of two Tenants and dies the Feme marries a Bankrupt the surrendree is admitted the third part of the Feme shall be sold but no remedy for the damage betwixt the death of the Husband and the admittance 8. One surrenders Copy-hold to the use of a Bankrupt the Lord dissolves his Court yet the Commissioners shall sell The sixth Division What Annuities Fees Goods Chattels Debts c. Commissioners may sell 1. B. Hath a Lease for years made unto him upon condition that he shall not alien yet the Commissioners may sell and this is no forfeiture 2. B. hath the next advowson the Church is void the Commissioners sell the Presentation the Vendee shall present and no Symony 3. A Bankrupt purchases Land with warranty the Vendee of the Commissioners shall not vouch but he shall rebut 4. Commissioners sell a rent or reversion this is good without Attornment 5. A Bankrupt becomes Lunatique his goods shall be sold as before of Lands c. 6. Lord and Tenant the Lord is a Bankrupt the Tenant dies the Commissioners shall sell the money or debt due for relief 7. The same of a Herriot 8. The Lord is a Bankrupt the Tenant dies the Commissioners sell the Relief-money and the Herriot the Executors pay the Relief the heir shall not pay a Herriot 9. The King Leases the Aulnage of London for years the Lessee is a Bankrupt the Lease shall be sold 10. Lord of a Leet is a Bankrupt the Commissioners shall sell the Amercements past and the Vendee shall have an action of debt 11. A Lease for years is devised to A. if he live so long the remainder to one B. the Commissioners shall not sell the possibility 12. Land is extended and delivered to the Extenders because too high another defeats this Execution by extending of a former Statute the first is a Bankrupt the Commissioners shall sell the possibility 13. A Rent charge shall be sold yet it is not within the words 14. The same Law of a Common in gross 15. It is the Custom in Surrey that certain Heir-Looms shall go with the Land and not to the Executors the Land is intailed Tenent in Tail is a Bankrupt the Heir-Looms may be sold from the Land and the issue hath no remedy 16. Two Tenants in Common recover damages in trespass the one dies the other is a Bankrupt all the damages shall be sold 17. A Bankrupt recovers damages by an erroneous judgement the Commissioners assign them to the Creditors who recover them in execution the Judgement is reversed the sale was good but the Assignees or Vendees shall make restitution 18. A villain is a Merchant the Lord seizes all his goods and imprisons his person for six months he is a Bankrupt the Lord shall have his goods but his debts shall be sold 19. A Villain Merchant is a Bankrupt the Lord seizes his goods yet the Commissioners may sell 20. A Merchant by Outlary becomes a Bankrupt the Creditors shall have his goods and not the King 21. A Merchant Bankrupt commits Felony his Creditors and not the King shall have his goods 22 A Bankrupt is felo de se the Almoner shall have his goods notwithstanding this Statute but by primo Jacobi the Commissioners shall have them The seventh Division Who shall be said a Creditor that shall be relieved and and who not and what shall be said to be a just debt intended 1. ONe sole Creditor shall not by this Statute sue the Commission for it ought to be at the Sute of his Creditors 2. Merchant Mortgages his Lands the Mortgagee may choose to come in as a Creditor 3. A Merchant enters into a Statute or Recognizance the Conizee is a Creditor else he shall have neither Land nor money if he come not and contributes 4. A Merchant pledges goods and becomes Bankrupt the party need not come in 5. The plaintiff that hath the defendants body in execution shall not come in to be relieved 6. But he that hath a judgement for a debt may come in before execution 7. One that hath the Bankrupts body in execution upon a Statute Merchant may come in 8. One that recovers damages in Waste or Assise or trespass shall not be relieved 9. An Informer recovers money forfeited by a special Statute he shall not be relieved 10. A Bankrupt is indebted to the King Commissioners seize the Bankrupts goods process comes to the Sheriff he shall leavy the
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
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
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
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
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
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
a day upon pain of 10. l. at the next Court he is presented because no reformation is made and there then the Tenant Traverses the Presentment that he is not guilty the Traverse is disallowed the Lord becomes a Bankrupt the Affeerors resuse to affeere the amerciament the Commissioners sell all the debts of the Bankrupt to A. A. Shall have an action of debt for this amerciament 6. A. sues execution of a Statute Merchant and the Conizors Land is extended at too high a value and refused by the Extendor and delivered to the Jurors B. defeats the execution by extending an elder Statute A. is a Bankrupt the Commissioners sell all his debts the elder Statute is satisfied the Jurors will not enter This is a good Sale of the possibility to extend and the Vendee shall have a Scire facias against the Tenant by the elder Statute and the terretenants and the Jurors to revive the former Execution 7. A. and B. Tenants is Common grant a rent of 10. l. per annum to C. who brings an Annuity against A. and recovers and after he distrains and Avows upon B. and becomes a Bankrupt the Commissioners sell the Annuity and the rent a fourth part of the Land descends to the Vendee The sale of the Annuity and also of the rent were good but he shall Avow upon B. but for 5. l. per annum 1. If he can bring an Annuity against one and distrain the other 2. How a Rent shall be apportioned when part of the Land descends to the Grantee 3. If a Rent charge be within this Statute because it is not within the words 8. A Mannor in Surry is giving to Baron and Feme and to the heirs of the Baron the Baron dies his heir being a Merchant claims the heirlooms the Executors of the Father claim them as Chatells the heir sells the Reversion and becomes a Bankrupt the Commissioners sell the heir-looms This a good sale but the Wife shall have the use of them during her life 9. One makes a Feoffment upon condition that the heir of the Feoffee shall infeoff I. S. the Feoffee grants a Rent charge the Feoffer enters for the Conditions and dies the Feoffee re enters and two Co-partners being the heirs of the Feoffor bring a Mortdauncester against the Feoffee and recover the Land and damages they have other Land in execution by Elegit for the damages the one dies the other is a Bankrupt The Commissioners shall sell all the Extent 10. A Disseisor makes a Lease for life to A. who makes a Lease for years to B. a Merchant stranger who is made Denizen upon Condition that he shall not depart the Realm the Disseisee confirms his estate Tenant for life dies the Disseisor enters B. being non solvent by License of the King with a Non obstante departs the Realm the Commissioners sell the term the Vendee enters upon the Disseisor The sale of this term is good 11. A. By Deed Poll demises the Land of B. to C. a Merchant who enters B. re-enters C. in an action of Covenant grounded upon the Deed recovers 10. l. damages against A. C. being indebted is committed to Prison by the High Commissioners for non payment of a Fine by them assessed and there he remains by six moneths the Commissioners assign the damages to D. who sues a Scire facias in his own name against A. and hath Judgement to have Execution A. brings a Writ of Error against C. of the first Judgement C. confesses the Error The Judgement is erroneous and yet the assignment of the damages is good and D. shall have Execution 12. A. Makes a Joynture to his Wife an Alien of part of his Land and dies she is made a Denizen and takes a Bankrupt to Husband the Commissioners sell the Joynture part of it is evicted by elder title she sues a Scire facias and recovers other Land in recompence an Office is found the Commissioners sell as well the Land recovered in value as the residue which was not evicted The sale of the Land recovered in value is good but not for the residue For New-Inn The Case THe Land of A. is extended for the debt of B. and A. grants the reversion to C. in Tail B. attornes and hath a Liberate A. grants the reversion of C. to D. a Feme sole Merchant Denizen of Ireland C. commits Treason and attorns and suffers a common recovery to the use of himself D. takes E. an Alien and Londoner to Husband C. is attainted D. continues sole Merchant E. is naturalized D. is indebted and elopes C. dies without issue E. enters and is non solvent a Commission is awarded and proclaimed D. hath issue and dies an Office is found the Term expires Conclusion The Land shall be sold by the Commissioners 1. When Land is extended and before a Liberate it is to be considered in whom the Land is 3 E. 6.68 It is said that goods extended are in the custody of the Law but yet not so out of the Conizors possession but that they may be extended for the Kings debt due by the Conizor 41 E. 3. Fitz Recognizance 38. Land was extended by the Sheriff and before Liberate the Lands were extended for the Kings debt and so process stayed 33 H. 8. Broke Recognizance 41. Liberate may be taken out seven years after the extent 41 E. 3. fol. 1. It is questioned whether the party or the King shall have the mean profits of Lands taken by cape grand till a petty cape Also it will be objected that a reversion will pass by words of possession but possession will not pass by words of reversion Frokmerton and Tracy 43 E. 3. and Smith and Stapleton But except we prove this reversion to be well granted we are at an end of our case for all the rest depends upon this point We say then that when Lands are extended it is plain they are out of the Conizor presently And although it seems that for the time they are in the Kings hands yet when the Liberate comes they are in the Conizee ab initio and by strong relation So as if a Mannor be extended to which an Advowson is appendent and the Church becomes void and Liberate sued the Conizee and neither the King nor the Conizer shall present So if Arrearages of Rents fall due between the extent and the Liberate the Conizee shall distrain and avow for them Wherein I will compare it to Longs Case that was in the Common Pleas Pasch 31 Eliz. Rot. 2024. one granted a Mannor to which an Advowson was appendent and made Livery the Church became void and afterwards the Tenants attorned the Grantee shall present and the Attornment shall relate to make the Grantee in from the time of the Feoffment And although it is said 8 H. 5. fo 10. that no man can attorn to a grant of a reversion that hath as yet nothing in possession but hopes or possibilities As if Tenant for life