married by him and therefore he revoked his Will and willed that his other daughter should have the land by conscience Laicon when he made his first Will the first daughter had presently an interest in the land which he would not defeat as if one make a Feofment to the use of a stranger he cannot afterwards revoke that use Illingworth there appeareth not any cause why the first daughter should have the land and therefore seeing the Feoffor had not quid pro quo it is no bargain but of his meer will which he may by good conscience change as if the Feoffor had afterwards fallen into poverty he might with good conscience compell the Feoffee to re-feoff him again Prisot ch. Justice of the Common-pleas when the Re-feoffor had once declared his Will and willed the land to his daughter the Feoffee standeth presently subject to the will of the daughter and is discharged of the Feoffee and such a Will is as strong as a Feoffee which is annexed to a Livery of Seizin Fortescue chief Justice of England the Feoffor may have his will if there be special cause otherwise not as if after the first Will the Feoffor had a son born he might well have changed his Will and given it to his son and heir for there is a reasonable cause of his claim and so it is if the daughter had become a Felon 35 H. 6 sub poena 3. Stac consc. note that the better opinion is conceived to be that he may revoke the first Will 15 Eliz. Dyer 3. 25. 4. Note it was agreed if any infeoff another he may declare his Will unto him afterwards and appoint the use to whom he will 31 H. 6. sub poena 23. Stach consc. 5. If I infeoff one to perform my last Will and himself a stranger I have no cause of sub poena against the Feoffee but I may sue my first Feoffee and recover in damages for the value of the land per Yelverton Wilby Clericis Rotulorum and this is meant where the second Feofment is made bona fide in which cause I have no remedy for the land and so it was adjudged in the Cardinal of Winchesters case but if the second Feofment had been also upon trust then I might recover the land by sub poena against the second Feoffee 31 H. 6. sub poena 19. Stach sub poena 6. If I make a Feofment upon trust that the Feoffee shall infeoff my heir when he cometh to full age and the Feoffee infeoffeth a stranger bona fide to the intent to disinherit inherit my heir there the trust is deteined and the heir is without remedy against the second Feoffee by sub p. or otherwise but if the Feoffee had retâ—ined the land himself and refused to infeoff the heir at his full age he might have compelled him thereunto by sub poena per Dunby Just in com banco 33 H. 6. 15. 7. Richard Frank made Feoffees to the use of the last Will of him and Agnes his wife and they dyed having issue John and Izabel John was outlawed of murther and also delivered to the Abbot of Westminster as a Clerk attainted for robbing a boy called a Monstral out of the Church of the Prioress of Clerken-well and lastly was indicted and outlawed for Felonies and Treasons and during his life Isabel sued a sub poen against the Feoffees to be infeoffed of the land as next heir to the land the Feoffees upon their Oaths confessed the trust wherefore it was decreed by the Court by advise of John Fortescue Knight chief Justice of the K Bench and divers other Justices and Serj. that the Feoffees should execute an estate to Isabel and her heirs qâ— nota petic in Canc. Ann. 33 H. 6. 2 pts 8. It the Feoffee upon trust do refuse to perform the trust by denying to re-infeoff the Feoffer he shall be compelled thereunto by sub poena and decree and imprisonment per Liac Ser. 37 H. 6. 13. 9. One having four Feoffees seised to his use sold his land to J. S. and said to two of his Feoffees that his Will was that they four should make a Feofment unto J. S. accordingly which two Feoffees notified his Will unto the other two who refused to joyn in the Feofment whereupon the first two alone made a Feofment to J. S. of their parts and afterwards the Feoffer sold the lands to J. D. and required those two Feoffees which refused before to infeoff J. D. who did so accordingly and J. S. sued a sub poena against the two Feoffees which refused and because the two Feoffes did bur onely give notice to the other two Feoffees of the Feoffers Will and did not tell them that the Feoffer had commanded them to infeoff I. S. and without commandment they were not compellable to make the Feofment therefore the two Feoffees which so refused were dismissed per canc omnes Iust. 37 H 6. 35. sub poena b. consc. 5. 10. If the Feoffer do send his servant to his Feoffees commanding them to make estate according to his Will the Feoffees are not bound to make a Feofment without specialty proving his Will per plur. Instic 37 H. 6 35 sub poena 1 b. consc. 5. 11. One willed that his Feoffees should make an estate for life to I. S. the Remainders to I. D. in fee I. S. refused to make the Estate for life I. D. may compell the Feoffees by sub poena to limit an estate in rem unto him after the death of I. S. per Ienney Serj. Fincham apprentice and Fincham said that the Feoffees ought to make an Estate to the heir of the Feoff r during the life of I. S. if I. S. did â—â—fuse the rem to I. D. 12 And I. D. may compell the Feoffees by sub poena to grant the rem in the life of I. S. for else by the refusall of I. S. he should lose his rem otherwise it is if a man devise â—aâ—ds by his Testament to I. S. for life the rem to I. D. further if I. S. refuse yet there needeth 〈◊〉 sub poena because he may enter by the law bâ— force of the Testament 37 H. 6. 36. sub poena 6. consc. 5. 13 If any Feoffee in trust be dissâ—izâ—d I may have sub poena to compel him 〈◊〉 bring Assize against the Dissâ—â—sor per Mâ—â—le Danvers Iustice in communibance 2 E. 4. 2. b. consc. 5. 14 If If I be bound by obligation to I. S. to the use of I D. that I shall infecâ—s I. D. for certain lands if I do offer a Feofnient unto I. D. and do refuse â—o receive the obligation is thereby discharged but I. D. may â—ave a sub poena to compell me to infeoff him notwithstanding per Danby Capit. Iu stice de communi banco 2 E. 4. 3. 15
6. Decree Parlament Error Brook Petition Iudgement Record 27 H. 8 Decree tho same Court Parlament Order good cause absolute decree definitive appellation 2 R. 3. patent scirefacias error the same court reform Revocation 2 R. 3. patent scire facias error the same court reform 18 E. 3. Stat. Merchant Kings Bench 13 Eliz. common Law 6 E. 4. Coparceners Covin. Doct. Sâ—ud Iointenant all the profit Conscience Law Doct. Stnd. eldest son Gravel-kinde all children Law Custome Present in Sect. Tent curâ—efie claim fee-simple Charters Dismission 3 H. 9. Rem of use use for life Release 31 H. 6. Revocation of will Revocation of use quid pro quo fall into poverty Special cause Son born Felon after feofment Felon 15 Eliz. 3 H. 6 use after feofment Enfeoff a stranger second Feoffee Damages bona fide trust 33 H. 6 Enfeoff strangers bona fide second feofment refuse to infeoff 33 H. 6. pet. in law Outlawed Clerk attainted outlawed of treason next heir 37 H. 6. Refuse to infâ—off Imprisonment 37 H. 6. Will 2 Feoffees Notice commandment 37 H. 6. 37 H. 6. refuse to take Remainder Refusall by Tenant for life Testament Dissâ—izin in assize â— E. 4. Obligation refuse to take 5 E. 4. Youngest son 5 E. 4. Mothers side heir of the fathers side 5 E. 4. Remainder Tenant in tail declare Testament Common Law 5 E. 4. Husband and Wife no consiâ— use not expressed 4 E. 4. Half bloud Take profits Possessio fratris 4 E 6. estate for life for years 5 E. 4. Attainder Felony Escheat 5 E. 4. 7 E. 4. King use void 7 E. 4. Husband and Wife Receive money cui in vita Coverture Prison satisfact. Feoffee Notice 7 E. 4. Plead Actions câ—â—ts Dilatories 8 E. 4. Heâ—â— Parlament 9 E. 4. Payment Tender Refuse to re-infeoff 11 E. 4. 8. 13. consc. 17 14 E. 4. Heirs gavel kinde common voice Age Discent Next Cousin 14 E. 4. Heir Agree Lord Extinguishment Disclaimes 17 E. 4. Award Release Testament Coverture Fine 20 E. 4. Custome Infant Sale Custome Strict 21 E. 4. Burgh English youngest son Gavel-kinde 22 E. 4. Heir Discent President 7 H. 7 Notice Feoffee 5 H. 7. Infant Offices Account Fees Assâ—nt Defence Sutes Allowance 10 H. 7. Coverture Executrix Sale Fleet 10 H. 7. use for life Forfeiture Discontinuance Reformation 10 H. 7. Injunction Infeoff Refeoff Die seized 4 H. 7. â—Refâ—off 15 H. 7. Testament sell Specialtie named Debts Creditors Distributed Executors refuse Administration Ordinary Administrator Testamentory Executors Executors Heirs 14 H. 7. Testament Specialty named second Feoffees 14 H. 8. Pleas refuse Voucher Action de case without Heir within age attainted Eschete Lord 14 H. 8. Office without Heir within age Lord Dower Stat. Merchant Notice Particeps criminis consentientur fraus 27 H. 8. Burgh English Gavel-kinde 14 H. 8. Common Law Creation Relief Desire of Feoffer 14 H. 8. Sâ—igatory Escheats Recovery in value 19 H. 8. Executor Executor of Executor Refnse Administ Ch. Iustice Resignation Heir â—R 3. H. 8. H. 8. Testament Revoke use Expressed upon Livery 30 H. 8. Covenant Notice Springing use Sale Temps H. 8 Fundamentum legum imperpetuum 34 H. 6. Pet. in Canc. Sale Profits Executor 32 H. 6. Put out Lord 22 E. 4. Statute Merchant Payment Release Witnesses Record 7 H. 7. Statute Merchant Recovery Termor Falsifie Covin. 7 H. 7. Recovery Receipts Termor In Prison Beyond Sea 3 Mâ— Use Lease Stat. 3 H. 7. Fraud Creditors 37 H. 6. Debts Obligation Things in Action No remedy 39 H. 6 Treason Attainder King No remedy Detinue Forfeiture Seisure Record Court Possession Things in Action Inventory Fleet 8 E. 4. 3. Procurator Save harmless Notice Oath Court Christian Affiance Damage Promise Folly 8 E. 4. Executors Answer One Executor Abate Bill Notice Ignorance 9 E. 4. Obligation Forreign County Action Pleas 9 E. 4. Obligation Receive part Longer day Discharge Election Respite Sute Payment by one 16 E. 4 Defraud Gift Sanctuary Husband and Wife 16 E. 4. Surety Goods Double charged Injunction 22 E. 4. Statute Merchant Witnesses Record Obligation Acquittance Common course Presidents 22 E. 4. Recovery Payment Release Acquittance Record 4 H. 7. One Executor Release Testament Sine remedia Common Law Chancery Consoience Gods Law Restitution Willing Damned Joint power Pro salute animoe Mispend Argue 7 H. 7. Obligation Acquittance Bar 7 H. 7 Simple Contract Debt Executors 20 H. 6. Petic in Canc. Goods Trust Promise Sale Detinue Wager of Law Damages Doct. Stud. Obligation Payment Acquittance Stat. 27 E. 3. Stat. 31 H. 6. Robbery Spoil Sea-ports Subject 2 E. 4. Obligation Sue 4 E. 4. Money Obligation Administrators 7 E. 4. Goods Trespasse Appeal of Robbery Oath Combate 7 E. 4. Stat. Staple One releaseth Notice Covin. Fraud Deceit Discharge Goods Notice Sale Purchase Policy Payment to one Stat. 27 E. 3. Merchant Robbery Sea Proof 2 R. 3. Chancellor alone Stat. 27 E. 3. Staple Debate Stat. 31 H. 6. Sea-port Amity League Truce Safe Conduct Attachment Robbery Delivery Restitution Justice Possessioneâ— Costs Expences Execution 2 R. 3. Assistant 13 E. 4. Star-chamber Felony Safe Conduct Law of Nature De â—oram hora Statutes Juris Naturae Law Merchant Safe Conduct Enrolment E. 4. Statutes Notice Forfeiture 13 E. 4. Denisen Sutes Alien 13 E. 4. Safe Conduct Robbery Waive Pursue the Law King 〈◊〉 In corpore In bonis Covenant 19 E. 4. League Common Law Real Actions Enemy Safe Conduct Open War 2 R. 3. Star-chamber Robbery Sea Possessions 27 E. 3. League Kings obedience Enemy Restitution 1 H. 5. Additions Clerk Fine Stat. 2 H. 5. Murthers Fly Stat. 8 H. 6. Certificate 33 H. 6. This granted by Pet. in Canc. English Bill 33 H. 6. 1. part Stat. 4 H. 7. Justice of Peace Stat. 11 H. 7. Poor People Stat. 18 Eliz. Rochester Bridge St. 21 H. 8 St. 14 H 8 Merchant Strangers Search Stat. 33 H. 8. Faâ—se token or letter 37 H. 8. Tithes in London Stat. 31 E. 3. Fish Wines Stat. 19 H. 7. Corporations Ordinances Stat. 14. H. 8. Aliens Stat. 22 H. 8. Scavage or Chevage Stat. 25 H. 8. Prises of Books 28 H. 8. Prices of Wines Stat. 34 H. 8. Banckerupts
is punishable by sub poena as well as the Feoffee 11 E. 4. 8. sub poena 13. consc. 17. 28 A sub poena was sued against two sons and heirs of gavel land to compell them to make an Estate of the land of which the Complaintiff had infecffed their father and others to his use of whom their father was the Survivor the Defendant said that the common voice of the Country is that the Feofment was to the use of the Complaintiff and of his VVife and of the Heirs of their two Bodies begotten who have Issue therefore they prayed a VVrit to warn the Issue and upon the VVrit the issued appeared and shewed that he was under age and prayed that the matter might stay untill he came to age and the Chancellour by the advice of Laicon and Littleton Iustices awarded that the matter should not stay because he was not seized of the Land by a Discent wherefore the Issue by his next Cousin declared his Title 14 E. 4. Age 20. 30 Note that a sub poena doth lie against the Heir of the surviving Feoffees 14 E. 4. Sub. 14. 31 A sub poena was brought against three Feoffees upon trust to compell them to execute an Estate to the Complaintiff one of them said that the Complaintiff made a Feofment to the other two in his absence to the behoof of all three and he died never agreed to the Feofment and the Land is holden of him so that he cannot execute an Estate but that he shall extinguish his own Seigniority and therefore he disclaimed in the Land and it was allowed to be a good answer per curiam Cancellarii 16 E. 44. sub poena 18. 32 If I and another do submit our selves to an award and it is awarded that I shall cause my Feoffees in trust to release to the other being in possession I may compell my Feoffees by sub poena to fulfill the award per omner Iustic. in communi banco 17 E. 4. 4. 33 A VVoman made a Feofment upon confidence and afterwards took a Husband and in her Death-bed she made Testament that her Feoffees should make an Estate to her Husband and to his Heirs the VVoman died and the Husband sued a sub poena to compell the Feoffees to perform her Testament and it was ruled that the Testament was void and that the Feoffees were not compellable to perform the same for Law and Conscience do allow nothing to be good which is done by VVoman Covert concerning her Inheritance except it be by Fine leavied where she is openly examined in the Court for this Testament would be a Disinheritance inheritance to her Heir but she may make her Testamet of Goods and make Executions by consent of her Husband per Cancell omnes Justic. uno tantum excepto And Vavasor shewed to the Court that Anno 7 E. 4. a VVoman Covert having Feoffees upon trust she and her Husâ—and sold the Land and she received the money and afterwards the Husband died and she sued a sub poena and it was adjudged to be a good sute 18 E. 4. 118. consc. 28. b. Testament 13. 34 The custome of Kent is that an Infant of fifteen years may sell his Land and the case was that an Infant made Feoffees upon trust and afterwards being above fifteen years old he willed the Feoffeâ—s to make an Estate thereof to him and his VVife in tail and the question was whether they were compellable by sub poena to do it or no and it was holden that the Feoffees were not compellable because the Infant cannot will his Land by the custome for the custome is onely of Sale and is always to be construed strictly according to the very words also at the Common Law such a VVill made by the Infant of Lands is void and so it is in conscience per Littleton Jenney omnes socios Justic. 21 E. 4. b. Testament 17. 35 Note in Burgh English land where the youngest shall inherit if the Father make a Feofment upon trust the youngest son shall have the use and the sub poena and so it is of Gavel-kinde land where all the Brothers do inherit per Dig. App. 21 E. 4. 24. b. Testament 17. 36 Hussey chief Justice of England said that when he came first to the Court which was about thirty years past it was holden by all the Court that if one infeoffed another of trust which died seized so that his Heir were in by Discent no sub poena should lie against the Heir for the same reason a sub poena might be against the Heir after two Discents which were inconvenient but the Chancellor said that there are Presidents in the Chancery that a sub poena doth lie against the Heir in Cam. Scacc. 22 E. 4. 6. b. consc. 23. 37 If a ftoffee upon confidence make a feofment to one that hath knowledge of the confidence the feoffer shall be restored again in the Chancery otherwise it is if the purchasor had no knowledge of the confidence per Cancel 7 H. 7. 12. sub poena 18. 38 The Feoffees upon trust of an Infant may grant all ordinary Offices for term of life as Steward Bailiff and Receiver and they shall have allowance thereof in their Accounts when they are called to account in the Chancery but they cannot grant any fees for term of life without the assent of the Heir when he is of full age per Hussey Brian cap. Just Ang. But Keble Serjeant said that if the Feoffor were able and willing to be Bailiff or Receiver himself or if that there were need of any Steward Bailiff or Receiver then he might repeal the Grants by sub poena also it was agreed that the feoffees might defend the Land in all sutes with the profits thereof and should have allowance thereof in Counsel 8 H. 7. b. Ftofments al uses 12. 39 Note it was adjudged that a VVoman Covert Executrix might make sale of her lands to her Husband and that it is a good Bargain and the feoffees upon trust are bound to make a feofment accordingly and in this case because three feoffees did the contrary they were committed to the Fleet 10 H. 7. 20. This is to be understood where the Land was devised to the Woman being Executrix to the intent to be sold for the performance of the VVill of the Testator 40 Certain feoffees were seized to the case of Sir Richard Rooe for life and afterwards to the use of others and the feoffees made a feofment in fee to Sir Richard Rooe the question was whether Sir Richard Rooe had forfeited his Estate or no and Hussey and Brian chief Justices agreed that it was no forfeiture by the common Law for no mans Reversion is discontinued continued thereby otherwise it is if Tenant for life of land had made a feofment to a