the like are grantable over in fee simple for life or years and therefore rents or services reserved upon any estate and rents granted out of lands are grantable over in infinitum And if a man have a rent reserved on a particular estate he may grant over parcell of it But a rent or Service suspended cannot be granted Neither can a man grant a rent issuing out of a rent If a rent be granted to me I may grant it over to a stranger before I be seised of it and this grant is void But an Annuity it seemes is not grantable over after the first creation of it And yet if an Annuity be granted to I S and his assignes pro consilio it seemes this Annuity is grantable over Advowsons are grantable in fee simple for life Stat. 32. H. 8 cap. 7. Perk. Sect. 90. Advowsons c. or years from man to man in infinitum Also the presentation to a Church before the Church is void is grantable but when the Church is void that Turne is not grantable for it is then in the nature of a thing in action Also Rectories and tithes and portions of tithes and pensions are grantable from man to man in infinitum Reversions and Remainders are grantable from man to man in fee Perk. Sect. 73. 88. 87. simple fee tail for life or years And if I have a tenant for life of three Reversions and Remainders houses I may grant the reversion of two of them And if I have the reversion of three houses four acres of land I may grant the reversion of two houses of two acres of land And if tenant in taile be of an acre of land the remainder to his right heires he may grant over this remainder by it selfe and yet it is such a thing as the tenant in taile himselfe may barre by a common recovery But if a grant be of land to I S for years the remainder to the right heires I D I D is living this remainder is not grantable so long as I D doth live Commons of pasture of turbary of fishing of estovers are grantable Perk. Sect. 103. Common in fee for life or years from man to man in infinitum * Per 2. Judges against one Hil. 16 Jac. B. R. And yet if a common in grosse and without number be granted to a man and his heires it seemes this is not grantable over to another man But if common for a certaine number of beasts be so granted it seemes the law is otherwise and that this is grantable over in case where the first grant is to the grantee only and not the grantee and his assignes Offices are grantable at first but the great Judiciall offices of Offices Perk. Sect. 101. the kingdome as the offices of the Lord Keeper Chiefe Justices or Chiefe Baron or of other of the Justices or Barons and such like are not grantable over to others neither may they be executed by deputies But the Sheriffes office albeit it be not grantable over yet may it be executed by deputy * Per Lord Keeper 2. Chiefe Just M. 5 Car. in cancellaria The reversion of an office is Prerogative not grantable by a Subject as it is by the King yet a Subject may grant an office Habendum after the death of the present officer and this is good †Co. super Lit. 233. Perk. Sect. 101. The inferior offices also that are offices of trust especially if they concern the person of the grantor howsoever they are grantable at first yet are they not grantable over by the officer to any other unlesse they be granted to them and their assignes and of this sort are the offices of Steward Bailife Receiver Sewer Chamberlaine Carver and the like neither may these be executed by deputy but where the grant is so Licences and authorities are grantable at first for the lives of the Licences Authorities c. 12 E. 7. 25. 13 H 7. 13. parties or for years But the grantees of them cannot assigne them over And therefore if power be given to me to make an award or livery of seisin I may not grant over this power to another And if licence be granted me to walke in another mans garden or to goe through another mans ground I may not give or grant this to another A bare possibility of an interest which is incertaine is not grantable Co. 4. 66. 5. 24. Dier 244. Co 10. 51. And therefore if one have a terme of years in land and by Possibilities his will devise it to I S for his life and afterwards to me for the residue of the yeares or devise it to I S if he live so long as the terme shall last and if he die before the terme end the remainder to me in these cases so long as I S doth live I cannot grant over this possibility So if a lease be made to me and my wife for life the remainder to the survivour of us I may not grant this remainder over to another man But such a possibility being coupled with some present interest is grantable over And therefore if A have foure houses in execution upon a Statute and by course of time it will endure thirteene years and after two of the houses are evicted by Elegit for fifteen years in this case he that hath this execution upon the Statute may assigne over his interest in these two houses for after the execution by the Elegit is satisfied A shall have the two houses againe untill he be satisfied The Lord cannot grant the Perk. Sect. 90. wardship of the heire of his tenant whiles the tenant is living Those things that are inseparably incident to others are not 1 E. 4. 10 grantable without the thing to which they are so incident and belonging Incidents And therefore a Court Baron which is evermore incident Perk. Sect. 104. 5 H. 7. 7. to a Manor is not grantable without the Manor it selfe common appendant to land is not grantable without the land it self to which it doth belong and common of estovers appendant to a house is not grantable without the house it selfe to which it doth belong A rent service or other thing whiles it is wholly in suspense is Suspended things not grantable And therefore if the Lord disseise the tenant or 16 H. 7. 4. Co. super Lit. 314. Bro. Grant 173. Perk. Sect. 88 89. the tenant enfeoffe the Lord upon condition the Lord cannot grant over the Seigniory during this suspension But if one have a rent in fee out of my land and he purchase the same land for life or years in this case it seemes the rent is grantable even whiles the estate of the land doth continue So if the tenant make a lease for yeares or life of the tenancy to the Lord in this case the Lord may grant the Seigniory notwithstanding And yet
therefore if there bee tenant in taile the remainder in taile or in fee and he in the remainder perceiving the tenant in taile doth intend to sell the land and barre him by a common recovery doth sell his remainder by deed inrolled to the King and after the tenant in taile doth sell the land by common recovery for good consideration in this case the purchasor shall avoid this deed to the King whereby also appeareth that a fraudulent conveyance within this statute may be by way of bargaine and sale And so was it ruled by the Lord Chiefe Justice Hide in evidence to a Jury at Guildhall 3. Car. And if there be a lease for years and the lessor make a fraudulent conveyance in fee M. 4. Jaâ— Cowell Bart. case and then for good consideration maketh another lease to begin at the end of the former lease this conveyance shall be void as to the second lessee And if A make a lease to B for years upon good considerations Per. 2 Iust Hil. 18 Jac. B. R. and after he makes another lease to C of the same thing for the same term to begin at the same time upon good valuable consideration and B doth not discover this but drives this bargaine with C and is witnesse to this second lease and the first lease is not excepted in the second lease it seems in this case the first lease shall be void as to C. And in all these and such like cases albeit the purchasor before he make his bargaine have notice of the fraudulent Co. 5. 60. Co. 3. 83. conveyance yet shall he avoid it as if he were ignorant of it But such conveyances and deeds made as before shall never be said to be fraudulent and void as against him that shall have the thing afterwards if he do not give a valuable consideration for it And therefore if one make a lease that would be fraudulent void as to such a purchasor to A and after make another lease bonâ fide to B but without any rent or fine given for it in this case the first lease shall not be said to be fraudulent as against the second lessee and therfore not void So if one covenant for the advancement of his heirs males c. to levie a fine of land by a day to the use of himself for life and after of his issue male and before the day he make a lease that is fraudulent for many years of purpose and after he doth levie a fine accordingly in this case this lease is good and shall not be said to be fraudulent and void by this Statute as against the issue in taile So if a man that is somwhat foolish and given to wast be perswaded to settle his lands upon some of his friends of purpose to maintaine himself with it and after some of his lewd companions inveigle him and get him for a small sum of mony to conveigh it to them in this case the conveyance first made shall not be said to be fraâ—dulent as against these purchasors and therefore it is good against them And if one that hath a terme for 60. years if he live so long make it away Co. super Lit. 3. and then hee doth forge a lease for 90. yeares absolutely and after by indenture reciting this forged lease for valuable and good consideration doth bargaine and sell this forged lease and all his interest in the land to I S in this case it seems that the first lease is not void and that the purchasor shall have nothing but the forged lease A deed also made of any thing with intent and purpose to deceive Stat. 3 H. 7. 4. 2 R. 2. ch 3. 1â— El. ch 5. Co. 3. 82. 2 To deceive creditors and others of debts and such like duties and defeate Creditors of their just debts and duties is void also as against such persons For it is provided to this purpose by other Statutes That all feoffments gifts grants alienations bargaines and conveyances of lands tenements hereditaments goods and chattells or any rent profit or commodity out of land made by fraud or collusion of trust to him that made the same or otherwise with intent to hinder and delay or put off or put by Creditors or others of their just and lawfull actions suites debts accompts damages penalties forfeitures hariots mortuaries or reliefes shall be void as against them to whom such thing shall belong and hee may recover the thing notwithstanding but all such as are made bonâ fide and upon good consideration are not to be accounted fraudulent by this Statute For the better understanding whereof these cases following are to be heeded If a man a little before his Co. 5. 60. 3. 82. Dyer 295. death make a conveyance of his land to his children or friends of his bloud with a proviso to make it void at his pleasure and he take the profits of it as his own or make a conveyance of it to friends to the intent they shall not be subject to the payment of his debts having bound himselfe and his heires by any especialty or to the intent that a warranty and assets shall not bind his sonne for other land or the like in this case this conveyance shall be void as to them that should have reliefe upon this land by the dissent and especially when the conveyance is made after suites begun and more especially when any judgment is had upon the suits against him that doth make the deed And so also is the law for goods And therefore if one be indebted to A 20l. and to B 40l Co. 3. 80. 83. Bro. Done 20. Plow 54. and be possessed of goods to the value of 20l. and A doth sue the debtor for his 20l. and hanging this suite the debtor secretly makes a generall deed of gift of all his chattels reall and personall to B in satisfaction of his debt and yet doth afterwards continue the occupation and use the goods as his own and after A getteth judgment and execution in this case the deed of gift to B shall be said to be fraudulent and therefore void as against A. So if in this case he give all his goods to B in satisfaction of his debt and before any suite begun by A with any expresse or implicite trust as to the intent that B shall be favourable to the debtor or that if the debtor provide the mony that he shall have the goods again or that he shall suffer the debtor to enjoy and use the goods and pay him as hee can in these and the like cases the deeds shall bee said to bee fraudulent and void for howsoever it bee made upon good consideration yet it is not made bonâ— fide So if one in consideration of naturall affection or for no consideration give all his goods to his child or cousin bonâ fide this shall be a void deed as to the Creditors Et sic de similibus
this sort are mad men lunatikes villaines Ideots men that have the Lethargy doting old persons that want discretion drunken men and men that are forced to it by threatning imprisonment or the like also such as are born blind may be conusors or conusees And by what names deafe and dumbe but a man that becomes so accidentally may be received and ought not to be refused Also persons attainted of felony or treason ought not to bee received to levy a fine but such persons being admitted to levy a fine the fine will be good against all Persons attaint persons but the King and the Lord of whom their lands whereof the Non sanâ— memoriae fine is levyed are held for their times but persons waived or outlawed in personall actions onely ought not to be refused a 17 E. 3. 52. Cromp. Jur. 37. 10. E. 4. 13. Also Infants Infants ought not to be received to levy a fine and y et if an Infant be admitted to levy a fine and he doe not avoid it by writ of error during his minority as he may if it be not a fine Sur Grant Render in taile or for life the fine will be good for ever against him and all others b Perk. Sect. 19. Dyer 220. et per Just Bridgmans opinion in private And if he die during his nonage before he hath avoided it it seemes his heire can never avoid it and yet upon this point the Judges of the Common Please have been divided on a solemn argument and of this Just Dod. in 17 Iac. made a Quere c 17 E. 3. 52. 30 E. 3. 5. 27 Ass pl. 53. Perk. Sect. 19 20. Co. 7. 8. Also women that have Women covert husbands ought not to be admitted alone without their husbands to levy fines and yet if such a woman alone levy a fine of her own land she hath in fee simple and her husband doe not avoid it as he may if he will by writ of Ertor entry or otherwise during her life or after her death during his own life if he be tenant by the Curtesie this is now a good fine and will bind her and her heires for ever except she be an Infant at the time of the fine levyed and her husband happen to die during her minority for then in that Case if it be not a fine Sur Grant Render to her in taile or for life she may avoid it during her minority but if the coverture continue untill her full age in that Case she cannot avoid it except her husband joyn with her in it but the husband and wife ought to be received together to levy any fine of her land If such persons as are civilly dead as Fryars Corporations West Symb. part 2. Sect. 9. Plow 538. 575. Co. 11. 78. 1. in Magdalen College case Monkes and the like be admitted to levy a fine the fine is void But such civill bodies as have absolute estate in their possessions as Maior and Commonalty Dean and Chapter Colleges and other Societies corporate may levy fines of the lands they hold in common even by the Common Law and such fines are good but Ecclesiasticall persons as Biships Deanes Masters of Hospitals Parsons Vicars Prebends and such like are by divers Statutes restrained to levy fines of their spirituall inheritances Any person that hath capacity to take by grant or may be a grantee by deed may take by fine and be a conusee therein as any person 3 H. 6. 42. 41 E. 3. 7. 50 E. 3. 9. 24 E. 3. 62. male or female of full age or under age whether it be a Feme Covert madde person lunatike Ideot any person in prison or beyond the Sea also any person attainted of felony or treason or outlawed in any personall action a Bastard Clark convict or Alien may be conusee in a fine and a fine levyed to such persons is good d 5 H. 7. 25. 19 H. 6. 25. Dyer 188. Also Corporations spirituall and temporall may be conusees in fines and fines levyed to them are good but before the ingrossing of such fines there goeth alwaies a writ to the Justices of the Common Pleas Quod permittant â—inem illum levari But such persons as are civilly dead as Fryers Monkes and the like cannot be conusees in a fine and therefore a fine levyed to such persons is void The names of Cognisors and Cognisees in fines must bee West Simb in his Tract of Fines certainly set downe and they must for the most part bee deseribed by their right names of Baptism and Surname whether they be King Princes Dâ—kes Marquesses Earles Vicounts Barons Lords or Knights which be names of dignity but some of these are sometimes described without their Surname as Georg ' Comes Salop. Iohannes Dux Lancastr or whether they be Esquires or Gentlemen which be names of worship and honour But these additions of names of dignity and honour given to such persons or any others as Bishops and the like are used in fines rather of curtesie then of necessity for they are not needfull in fines But in case where there bee two of one name it is safe to make some addition by way of distinction as Senior and Junior and the like If a woman living her first husband take a second husband and 7 H. 4. 22. with him and by his name knowledge a fine it seemes this is void because of this mistake but if a woman with her right husband by a wrong Christian name levy a fine she is concluded by it and cannot avoid it during her life c 1 Ass pl. 11. And yet if a fine be levyed to a man and his wife by a wrong name as to A. and Sybill his wife when her name is Isabell this is holden to be void f F. N. B. 97. a Litt. Broo. Sect. 344. But if a fine be levyed by a woman by the name of Margery when her name is Margaret or by the name of Agnes when her name is Anne it seemes this fine is a good fine The Persons or Judges before whom a fine is to be levyed are of West Simb ubi supra 2. In respect of the persons before whom it is acknowledged and the persons place before whom and where it is recorded And what persons may take conusance of fines or record them And where And how the duty of such persons therein two sorts for some are Judges onely at the time of the Cognisance and Certifieate thereof and others are Judges to whom the Cognisance is to be certifyed and before whom it is to be recorded The first sort are such as have power to take such cognisance either ex officio and by virtue of their offices or by some commission generall or speciall granted unto them by the King out of Chancery g Stat. 15. E 2. Stat. de Carlil as all or any two of the Justices
on condition and the lessee doth Co. 8. 92. not know of it and after the lessor doth by will give the land to the lessee without condition and the lessee doth such an act as is a breach of the condition in this case the condition is not broken for the lessee must have notice of the condition ere he can breake him If a lease be made rendering rent on condition that if the rent Doct. Stud. 35. 13 H. 4. 17. To pay rent be not paid within twenty daies the lessor shall reenter and the rent is not paid in this case the condition is broken but the lessor cannot enter untill he hath made a legall demand and if he die before he doe it his heire shall never take advantage of that breach but it is discharged for ever When an act is to be done in time convenient or otherwise and the party doe it not by the time appointed by law the condition is Li. Sect. 353. Plow 30. broken If one grant an annuity pro consilio impenso impendendo and the To give advise grantor require advise and the grantee refuse or neglect to give it 21 E. 3. 7. 8 H. 6. 24. Dier 369. this is a breach of the condition and a forfeiture of the estate And if the deed be that he shall goe to such a place to give counsell and he require him to goe thither and he refuse it this is a forfeiture of the estate But if he refuse to goe with him to another place or give counsell to his adversary being not required to give counsel to him this is no breach of the condition nor forfeiture of his annuity And if one had heretofore devised his land to be sold by his executors Lit. Sect. 383. to have been distributed for his soule the executors had not sold it in time convenient or had taken the profits to their own use this had been a breach of the condition See more in the last foregoing division and in Obligation Numb 10. Covenant Numb 7. The same law is for the most part of conditions of obligations See Obligation Numb 10. Every particular estate hath a condition in law annexed to it and Co. 2. 15. 8. 44. super Lit. 233. 11. When a condition in law shall be said to be broken Or not therefore if tenant for life in dower by the courtesie or after possibility of issue extinct lessee for years tenant by statute merchant elegit or the like make any absolute or conditional estate of the lands they hold in fee simple fee tail or for life give livery of seisin thereupon Forfeiture or levy a fine Sur conusance de droit or suffer a recovery of the land or the like this is a breach of the condition in law and a forfeiture of their estate Also if any such tenant except tenant in taile after possibility of issue extinct doe wast in the lands they doe so hold this is a breach of the condition in law and a forfeiture of their estate in so much as the wast is committed But if an Infant Infant Womencovert or feme covert that hath such an estate shall make any such estate c. this is no breach of the condition in law And yet if such a person doe wast this is a breach of the condition in law And so also if any such person be an officer and doe any thing which is a cause of forfeiture in another this will be a forfeiture in him or her also If any keeper of a Parke without warrant kill any Deere fell Co. super Lit. 223. or cut any wood and convert it to his owne use pull downe the lodge or any house within the Parke used for hay for the Deere or the like this is a breach of the condition in law So also if a keeper shall not looke to the game but the Deere be killed by his default and damage come to the Lord by this also the condition is broken But the not attending upon such an office for two or three dayes if the Lord have no speciall losse thereby is no cause of forfeiture Offices that are for the Administration of Justice or of clark ship in any Court of Record or concerning the Kings treasure revenue Co. super Lit. 234. account alnage auditorship c. have also conditions in law annexed to them and therefore if such officers shall sell their offices or misdemeane themselves in their offices by this the condition in law may be broken and they may forfeit them As no man may create or annex a condition to an estate but he 12. Who may enter for a condition broken And what persons shall take advantage of a condition or a limitation And what not Lit. Sect. 347. Plow 175. Co. 3. 62. 347. 5. 56. Dier 131. Co. super Lit. 214 215. Doct. Stud. 93. Perk. Sect. 830 831. 833 835. Plow 488 489. that doth create the estate it selfe so neither can a man give or reserve the power title or benefit of reentry and avoidance of an estate upon the breach of a condition to any other but to him or them or at least to one of them that doth make the estate his or their heirs executors and administrators c. for it is a rule of the common law That none may take advantage of a condition but parties and privies in right and representation as heires executors c. of naturall persons and the successors of politique persons and that neither Privies nor Assignees in law as Lords by Escheate nor in deed as grantees of reversions nor Privies in estate as he to whom a remainder is limited shall take benefit of entry or reentry by force of a condition And therefore if a man had made a lease for life reserving rent on condition that if the rent be behind the lessor his heires and assignes shall reenter and after had granted the reversion to a stranger this grantee should not by the common law have had benefit by this condition But if the lessor had died his heire or the Gardian in Chivalry or Socage of such an heire if he had been an Infant and inward might have taken advantage by the condition And if one had been possessed of a lease for years and had granted his terme upon condition and had died his executors or administrators might have had advantage of this condition And at this day the law is still the same as touching Privies in Co. super Lit. 202. 12. blood for an heire shall take advantage of a condition though no estate descend to him from the Ancestor And therefore if one be seised of land of the part of his mother and he make a feoffement in fee of it on condition and die and the condition is broken in this case the heire of the part of the father shall enter but as soone as he hath entred the heire of the
otherwise and yet his power may remain for the residue as in the case of a limitation but in the case of a condition he cannot doe so 8. Such grantees as shall have advantage by this Statute must be compleat grantees Co. 5. 113 114. Co. 8. 92. And therefore grantees of reversions by fine or deed must have atturnment ere they can take advantage of the condition And yet if a reversion be granted by fine to one that hath no atturnment and he grant it to another that hath an atturnment in this case the second grantee shall take advantage of the condition albeit the first grantee shall not And the lessee must have notice of the grant of the reversion ere he in reversion can take any advantage of a condition And therefore it is that if the lessor bargain and sell the land by deed indented and inrolled in which case there needs no atturnment or if the lessor make a feoffment of the land and so out the lessee and the lessee reenter which is an atturnment in law the grantee or feoffee in these cases cannot take advantage of any condition before he hath given notice to the lessee of this grant of the reversion 9. Such as come in meerly by act of law or paramount as the Lord of a Villain the Lord by Co. super Litt. 214. Pasche 7 Jac. Co. B. per 2 Justices escheat the Lord that doth enter for Mortmain or the like cannot take advantage of a condition within this Statute And hence it seems it is that if lessee for forty yeares make a lease for thirty seven years on condition and after surrender his estate to his lessor * Co. super Litt. 215. Dier 309. Curia in Leeks case Pasche 7 Jac. Co. B. Albeit the words of the Statute be generall yet grantees and assignces shall not take benefit of every forfeiture by force of a condition nor yet of all conditions but onely of such as are inherent i. such as are either incident to the reversion as for payment of rent or for the benefit of the State as for restraining of wast for causing of reparations making of fences skowring of ditches preserving of woods and the like And of conditions that are collaterall such grantees shall not take benefit And therefore if the condition be for payment of a sum of mony in grosse to restraine alienation for the delivery of corn wood or the like the grantee of the reversion of the land shall not have advantage of it by this Statute for these remain as they were before the Statute at the Common law 11. Such conditions as are on the part of the lessor it seems are not within this Statute And therefore if one Per Justice Bridgman make a lease for years on condition that if the lessor his heirs or assigns pay ten pound to the lessee at our Lady day the lease to bee void the lessor doth grant the reversion to a stranger before the day it seems the grantee shall not take advantage of this but the condition is gone If one make a lease for years rendring rent to him and his heirs Doct. St. 35. 13 H. 4. 17. on condition that if it be not paid within fourteen days that hee and his heirs shall reenter and the rent is behinde and the lessor doth demand it and then die in this case the heir may enter But if he die before demand the heire cannot make a demand and so take advantage of that breach of the condition which was in the time of his Ancestor If a man be possessed of land for twenty years in the right of his Perk. Sect. 834. wife and he make a lease of it for ten years rendring rent with condition of reentry for default of payment and after the husband die in this case the wife shall have the rent but it seems she shall not take advantage of the condition If a lease be made to I S on condition that if such a thing be Co. 1. 85. super Litt. 379. Dier 127. 117. or be not done that the land shall remain to I D or that I D shall enter in this case I D shall never take advantage of this condition either by the Common law or by this Statute Regularly where a man will take advantage of a condition if he 13. Where entry or claim is needfull to avoid an estate on condition And where a man may take advantage of a condition without entry or claim And where not Co. super Litt. 218. 237. may enter he must enter and when he cannot enter he must make a claim for an estate of freehold or inheritance will not cease without entry or claim And he that is to have advantage by the condition may wave his advantage if he will And untill such entrie or claim made the party that should enter can make no good estate of the thing to any other But herein a difference is to be observed in the penning of a condition and between a lease for yeares and a lease for life or a greater estate for if a lease for years be made on condition that upon such a contingent the estate shall cease or the lease shall be void in this case when the thing doth happen the lease is ipso facto void without entry or claim But otherwise it is of a lease for life albeit there be the same words in the condition And if one make a lease for years on condition that if such a thing be done the lessor shall reenter in this case an entry is needfull to avoid the estate If one make a feoffment in fee gift in taile or lease for life on condition that upon such a contingent the estate shall be void in this case there must be an entry made after the condition is broken to avoid the estate So if one bargain and sell his land by deed indented and inrolled with proviso that if the bargainor pay c. then the estate shall cease and be void he doth pay the mony in this case the estate is not revested in the bargainor before an actuall reentry is made And so it is also if lands be devised to a man and his heirs on condition that if the devisee doe not pay twenty pound at a day his estate shall cease and be void in this case the estate is not void untill an actuall reentry be made And so also it is if a reversion remainder advowson rent common or the like be devised on such a condition in these cases there must be a claime before the estate will be determined And therefore if a man grant such a thing to another and his heirs on condition that if the grantor pay twenty pound on such a day the state of the grantee shall cease or be void and the grantor doth pay the mony according to the condition in this case the state is not revested in the grantor before a claim made at
other is extinct It is a discharge in writing of a summe of money or other 10. Acquitance Quid. Termes of the law duty which ought to be paid or done As if one be bound to pay money on an obligation or rent reserved upon a lease or the like and the party to whom the money or duty should be paid or done upon the receipt thereof or upon some other agreement betweene them maketh a writing under his hand witnessing that he is paid or otherwise contented and therefore doth acquite and discharge him of the same The which is such a discharge and barre in the law that he cannot demand and recover the same againe contrary thereunto if the acquitance be shewed The obligor is not bound to pay money upon a single bond 22 E. 4. 6. 41 E. 3. 25. 1 H. 7. 15. 22 E. 4. 6. Bro debt 43. Oblig 10. 11. Where a man is not bound to pay money without he hath an acquitance unlesse the obligee will make to him an acquitance or release Nor is he bound to pay it before he hath the acquitance And in this case the obligor may compell the obligee to make him an acquitance And so also it is in case of a Statute Merchant one is not bound to pay the money thereupon before he hath the acquitance or release of the plaintife But otherwise it is in case of an obligation with a condition for there a man may averre paiment And because Statutes Recognisances and Obligations are often used and tend to the strengthening of the Common Assurances of the kingdome we may not in any wise passe them over but must take some surveigh of them And first of a Statute CAP. XX. Of a Statute A Statute is a Bond or Obligation of Record But this word is 1 Statute Quid. Terms of the Law Stat. de Mercatoribus Acton Burnell 11 Ed. 1. sometimes used in another sense viz. for a Decree made in Parliament called an Act of Parliament And of these Obligations there are three kinds 1. A Statute 2 Quâ—tuplex Statute Mechant Quid. Merchant 2. A Statute Staple 3. A Recognisance The Statute Merchant is a Bond acknowledged before one of the Clerks of the Statute Merchant and Mayor and chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor chief Warden or Master of other Cities as York Bristow or the like or the Bailisse of any Burrough or Village or other sufficient men for that purpose appointed and Authorised Sealed with the seal of the Debtor or Recognisor and of the King which is of two pieces the greater whereof is kept by the Mayor or chief Warden and the lessor by the said Clerk And the form of it is thus Novertis c. me A B teneri C D in Centum libris solvend eidem ad Festum S. Mich. proxim Et nisi fecero concedo quod currat super me haeredes meos districtio paena in Statuto domini Regis edito apud Westin Dat. c. And this albeit at first it was ordained and used for Merchants only yet at this day it is and may be used and given by any others and is become one of the common Assurances of the Kingdome The Staple doth signifie this or that Town or City whither the 27 Ed. 3. Stat. 2 cap. 1 â—â—3 c. Merchants by common order and commandement doe carry their Statute Staple Quid. commodities as Wooll and the like to utter by the great And the 27 Ed. 3. Stat cap. 9. 22 H. c. â— Coo. super Lit. 289. 15 H. 7. 16. Statute Staple is either properly or improperly so called That which is properly so called is defined to be a Bond of Record acknowledged before the Mayor of the Staple in the presence of one or two Constables of the same Staple and is sealed with the Seale of the Staple and sometimes also with the Seale of the party the which it seemes is not necessary And this is founded upon the Statute of 27 Ed. 3. cap. 9. and was invented and is used only â—or Merchants and Merchandizes of the same Staple This is of the same nature the Statute Merchant is That which is improperly so called is also called a Recognisance which is also a Bond of Record Recognisin â— Quid. testifying that the Recognisor doth owe to the Recognisee a summe of money And of these there are divers kinds for thre is one Recognisance founded upon the Statute of 23 H. 8. cap. 6. The forme whereof is this Noveritis c. me A B teneri C D in Centum libris solvend eidem ad Festum S. Mich. proxim Et si defecero in solutione debi praedict volo concedo quod tunc currat super me haeredes executores meos poena in Statuto Stapulae debit pro Marchandisis in eadem emptis recuperand ordinat provis Dat. c. And this is alwayes to be acknowledged before the chiefe Justice of the Kings Bench or of the Common Pleas in the Terme time or in their absence out of Term before the Mayor of the Staple at Westminster and the Recorder of the City of London for the time being And it is to be sealed with the Seale of the Conusor and with the Seale of the King appointed for that purpose and with the Seale of the chiefe Justice Mayor and Recorder before whom it is acknowledged and they before whom it is taken doe subscribe their names to it And this was ordained and may be and is used by Merchants or any other whomsoever for paiment of debts or assurance of other things And this also is of the same nature the Statute Merchant is And both this and the two former are much of the nature of judgements had upon Suits in the Courts of Kings Coo. 8. 153. Bench and Common Pleas and therefore they are called Pocket Pocket Iudgements judgements There are also divers other kinds of Recognisances that are See Statute 33 H. 8. c. 22 39. 3 H. 7. c. 1 10 H. 6. c. 1 Dyer 315. 307. F N B. 251. f. 132 c. 133. a. 68. a. taken by and acknowledged before the Lord Keeper Master of the Wards Master of the Rolls Master of the Chancery Justices of the one Bench or of the other some of which are called Bailes Barons of the Excheker Judges in their Circuits Baile Justices of the Peace Sheriffs and others some whereof are by the Common Law and some by certaine Statutes And amongst these some are without Seale and recorded only and some are sealed and recorded also And some of them are in a sum certaine as the Recognisances taken in the Common-Pleas for Baile are and some of them are incertaine as those Recognisances that are taken for Baile in the Kings Bench which are after this manner Si Judicium redditum c. tunc volo concodo