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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A64839	The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the judges.	Ventris, Peyton, Sir, 1645-1691.; Guilford, Francis North, Baron, 1637-1685.; Hale, Matthew, Sir, 1609-1676.; England and Wales. Court of King's Bench.; England and Wales. Court of Common Pleas.	1696 (1696)	Wing V235; ESTC R7440	737,128	910

Place assigned from whence the Venue should have come 348 350 No likelyhood of an Indifferent Tryal cause to change the Venue 365 Verdict See Assumpsit What Errors and Omissions are ayded after Verdict 34 100 108 109 114 126 Where a Special Verdict refers one Special Point to the Judgment of the Court all other matters shall be intended 118 After Verdict the Court shall admit any Intendment to make the Case good 123 Want of an averment of Levancy and Couchancy aided by a Verdict 165 Vse See Trust What Words and Considerations shall raise a Use 138 140 141 The use of a Fine or Recovery may be declared by a subsequent Deed 368 In Cases of Uses the Intention of the Parties ought to be pursued 373 374 378 Vsury The Statute against Usury expounded strictly in regard of Broakers 38 No Action of Debt lies for the Interest of Mony but it is to be recovered by Assumpsit in Damages 198 W. Wager of Law WHere admitted and where not 261 Indictment of Perjury will not lie upon an Oath in waging Law 296 Way High way and Private-way the Diversity and who shall repair 189 256 Whether an Indictment lies for stopping a Common Foot-way to a Church 208 Action on the Case for obstructing his way to his Wood 274 Wills A man cannot release a Debt by Will 39 Wills concerning the Guardianship of a Child and not to be proved in the Ecclesiastical Court but they may there prove a Will of Lands 207 Where Suits for Legacies given by Wills ought to be 233 The Effect of a Republication and Paroll Declaration 341 342 Witness See Evidence Statutes A Council Attorney or Sollicitor ought not to be examined against his Clyent because obliged to keep his Secrets 197 A Pardon of Felony though after burning in the Hand restores a man to be a Witness not so of Perjury 349 Whether a Freeman of a City may be a VVitness for that City 351 Writs A Fault in a Mean Process is aided by Appearance but if an Original should bear date on a Sunday the Appearance of the Party would not help it 7 Sr Peyton Ventris Kn t. Late one of the Justices of the Court of Com̄on Pleas. I Royly pinx H White sculp THE SECOND PART OF THE REPORTS OF Sir Peyton Ventris Kt. LATE One of the Iustices OF THE COMMON-PLEAS CONTAINING Select CASES Adjudged in the COURT of Common-Pleas in the Reigns of K. CHARLES II. and K. JAMES II. and in the Three first years of the Reign of His now Majesty K. WILLIAM and the late Q. MARY while he was a JUDGE in the said COURT With the Special PLEADINGS to the same ALSO Several CASES and PLEADINGS thereupon in the Exchequer-Chamber upon Writs of ERROR from the Kings-Bench Together with many remarkable and curious Cases in the Court of Chancery Whereto are added Three exact TABLES One of the Cases the other of the Principal Matters and the third of the Pleadings With the Allowance and Approbation of the LORD KEEPER and all the JUDGES LONDON Printed by the Assigns of Richard and Edward Atkyns Esquires for Charles Harper at the Flower-de-Luce and Iacob Tonson at the Judges-Head both over against St. Dunstan's Church in Fleetstreet MDCXCVI MVNIFICENTIA REGIA 1715 GEORGIVS D. G. MAG BR FR. ET HIB REX F. D. I. P. Sc. THE NAMES OF THE CASES IN THE SECOND PART A ADAMS v. Cross 181 Alleson v. Marsh ibid. Anonymus's 35 39 45 46 47 48 58 73 117 154 171 172 173 174 180 194 195 196 214 215 216 218 262 346 347 349 351 353 358 359 361 362 363 365 B BAiles v. Wenman 74 Barney v. Tyson 359 Bathurst 's Case 40 Baynton v. Bobbet 67 Bealy v. Sampson 90 93 Beaumont v. Weldon 155 Beversham 's Sir William Case 345 Biddulph v. Dashwood 261 Bird v. Blosse 361 Blake v. Clattie 73 Bland v. Haselrig al' 151 Blisse v. Frost 63 67 Blois Charles al' v. Dame Jane Blois and Jane Blois Infants 347 Bockenham v. Thacker 69 71 74 Bond v. Moyle 106 Bonham v. Newcomb 364 Bowyer v. Milner 57 Bracton v. Lister 84 Bright v. Addy 195 Broadhurst v. Richardson al' 349 Brown v. Rands 156 Buckler v. Millerd 107 Burchet v. Durdant 311 Bush v. Buckingham 80 83 Butler 's Sir Oliver Case 344 C CAge v. Russel 352 Carr v. Donne 189 193 Chamberlain v. Cooke 75 78 Chapman v. Flexman 286 291 Chase v. Sir James Etheridge 130 Clarke v. Peppin 97 99 Clarke v. Tucket 182 Clobberie 's Case 342 Coghill v. Freelove 209 Collet v. Collet 355 Colley v. Helyar 135 Cornwallis 's the Lord Case 38 Cooke v. Romney 173 Cramlington v. Evans and Percival 296 307 Craw v. Ramsey 1 D DAwney v. Vesey 249 Dawson v. The Sheriffs of London 84 89 Dennis v. Mazey 210 212 Dickman v. Allen 136 138 Dighton Christopher v. Bernard Greenvil 321 Dod v. Dawson 143 Dodwell the Case of and The University of Oxford 33 Dowse v. Cale 117 126 Draper Sir Thomas v. Dr. Crowther 362 E ELlis v. Yates 153 Every v. Carter 254 259 F FAgg v. Roberts al' 195 Fleet 's The Warden of the Case 154 Fowkes v. Joyce 50 G GAwden v. Draper 217 George v. Butcher 140 Godfrey v. Ward 185 Gower 's Sir Thomas Case 90 Goylmer v. Paddiston 353 Grove v. Dr. Elliot Chancellor of Sarum 41 Guldeford Major probi homines de v. Clarke 243 247 H HAnson Judith v. Liversedge 239 242 Harding 's Patrick Case 315 Harris v. Parker 249 253 270 Harrison Tho. Ux ' v. Dr. Barwell 9 Haslewood v. Mansfield 196 Haymer Vid. v. Haymer 343 Highway v. Derby 174 Hocket Ux ' v. Stegold ux ' 29 Hodges v. Waddington 360 Holland v. Lancaster 131 134 Hollis 's my Lord Case 345 Humphreys v. Bethily 198 222 K KEmp v. Cory al' 224 227 283 Killigrew v. Sawyer 79 King of Grays-Inn v. Sir Edw. Lake 28 L LAde v. Baker and Marsh 145 149 Lade v. Barker 260 266 Lawson v. Haddock 234 237 Lechmere al' v. Toplady al' 156 169 Leigh v. Ward 72 Lexington the Lord v. Clarke and his Wife 223 Littleton 's Sir Thomas Case 351 Lundy 's Colonel Case 314 M. MArks v. Nottingham 196 Marsh v. Lee 337 Mason v. Watkins 109 Massingham v. Durrant 49 Morgan v. Hunt 213 Morley v. Polhill al' 51 56 Mountague the Earl of v. The Lord Preston 170 N NEwport v. Godfrey 184 Noell v. Robinson 358 Norwood v. Woodly 193 O ONslowe 's Case 37 Otwaie 's Sir John Case 31 Oxford 's the City of Case 106 P PAge v. Kirke 36 Pawlet 's the Lord Case 366 Perrot 's Herbert Case 30 Pheasant Peter v. Anne Pheasant The Lord Mayor of London and Sir Thomas Player Chamberlain of London c. 340 Pinager v. Gale 100 Pretious v. Robinson 173 Prynne v. Sloughter 101 104 Pyne v. Woolland 176 179 R RAgget William Vx ' v. William Clarke 364 Rashly v. Williams 59 61 Reeve 's Sir Robert Case 363

Berwick is part of Scotland and bound by our Acts of Parliament because Conquered in Edward the Fourth's time But the course is to name it expresly because 't is out of the Realm and not like to Wales where the Trials in such Cases shall be out of the prochein County 19 Hen. 6.12 for that is a Member of England Vid. 7 Co. Calvin's Case But two Presidents being shewn where the Trials were as it is here and one of them affirmed in a Writ of Error also the Case in Rolls tit Trial 597. A Writ of Error was brought to Reverse a Judgment given in Ireland and an Error in Fact was assigned and tryed in a County next to Ireland The Court Ruled the Venire to be well awarded Twisden said The Reason why an Ejectment would not lye of Lands in Jamaica or any of the Kings foreign Territories was Because the Courts here could not command them to do Execution there for they have no Sheriffs This Case having remained two or three Terms since the Postea was Returned and no Continuances Entred one of the Plaintiffs died and it was doubted whether Judgment could be now Entred And the Secondary said That they did Enter up Judgments two Terms after the Day in Bank as at the Day in Bank without any Continuances And of this Matter the Court would be Advised Postea Anonymus IF one upon Complaint to two Justices 1 Cro. Prigeon's Case be Ordered to keep a Bastard Child and this upon an Appeal to the Sessions is revoked that Person is absolutely discharged and unless a Father can be found the Court said the Justices of Peace must keep it themselves The Earl of Peterborough versus Sir John Mordant IN an Action upon the Statute de Scandalis Magnatum for speaking these Words of the Plaintiff I do not know but my Lord of Peterborough sent Gybbs to take my Purse After Judgment by Default and a Writ of Enquiry of Damages returned it was moved in Arrest of Judgment that no Action would lye for these Words First He doth not positively charge him with it Again The Words do not import a Felonious taking Hob. 326. Mason's Case I charge him with Felony for taking Money out of the Pocket of H. Stacie adjudged not Actionable And in 1 Cro. 312. Thou didst set upon me and take my Purse go before a Justice and I will charge you with Felony It was held there that no Action would lye But the Court gave Iudgment for the Plaintiff As to the first it was held as much as a direct Affirmation for otherwise one might slander another and by such a slight Evasion escape an Action Twisden said He knew these Words adjudged Actionable He hides himself for Debt and for ought I know is a Bankrupt And for the Words the Court said Three was difference between an Action grounded upon the Statute de Scandalis Magnatum and a Common Action of Slander The Chief Justice said The Words in the one case shall be taken in mitiori sensu and in the other in the worst sense against the Speaker that the Honour of such Great Persons may be preserved More 55. The Earl of Leicester had Judgment for these words My Lord of Leicester is a Cruel Man an Oppressor and an Enemy to Reformation Leon. 33. The Lord Abergavenny sued for these words My Lord Abergavenny sent for us and put some of us into the Stocks some to the Coal-house and some to the Prison in his House called Little Ease And Recovered Vide Crompton's Jurisdiction of Courts 13. and Leonard 336. Anonymus AN Indictment was Compertum fuit per Sacramentum duodecim proborum legalium hominum c. and quashed because it was not jurat ' onerat ' And the Clerk of the Crown-Office Informed the Court that that was always the Course also it must be Adtunc ibidem jurat ' where the Caption is recited to be taken Williams versus Gwyn ERror to Reverse a Judgment given in Dower in the Grand Sessions in Wales It appeared by the Record that the Tenant appeared upon the Summons Returned and Day was given over adtunc venit per Attornatum nihil dicit in barram Whereupon Consideratum est quod tertia pars terr' tenemen ' capiatur in man ' Domini Regis and Day was given ad audiend ' Judicium at which Day Iudgment was given quod recuperet It was Assigned for Error that the Court here had awarded a Petit Cape and yet the Defendant appeared whereas they should have given Iudgment upon the Nient dedire for a Petit Cape is always upon default after appearance and only to answer the Default The Grand Cape is before appearance to answer the Default and the Demand Vet. N. B. 97. So it was said the Court had erred in Judgment and tho' it were in advantage of the Tenant by the delay yet not being by his Prier as an Essoign granted where none ought to be is not Error but the act of the Court as if they should Enter a Misericordia for a Capiatur it were Erroneous But the Court answered That the reason of that was Because it is parcel of the Judgment and the King should lose his Fine But this was only the awarding of Process more than should be and in advantage of the Tenant wherefore they resolved that they could not Reverse it for Error And Twisden said Admitting it were Erroneous they might then give Iudgment in this Court Anonymus A Prohibition was prayed to the Arches for Libelling against one there for calling Whore and Baud because they were but words of Heat also the Party lived in the Diocess of London so against 23 H. 8. to Cite him there But the Court would not grant it for though formerly there hath been divers Opinions touching these words yet Twisden said ever since 8 Car. the Law hath been taken that they may punish such words pro reformatione morum And for the other it appeared Sentence was given and that it was too late to pray a Prohibition when it appears they have Iurisdiction of the Cause as the Superiour Court and he that would have the benefit of the Statute against citing out of the Diocess must come before Sentence 1 Cro. Anonymus FInch Solicitor moved for a Prohibition to the Ecclesiastical Court to stay a Suit for Tythes of Hopps commenced there by the Vicar upon a Suggestion that they had paid for all Tythe Hopps so much an Acre to the Parson time out of mind But it was denied for there could be no such Composition time out of mind Hopps not being known in England until Queen Elizabeths time for then they were first brought out of Holland though Beer is mentioned in a Statute in Henry the Fourth's time But it was said by the Court That perhaps the Vicaridge was Endowed time out of mind of the small Tythes of which nature Hopps were Then the prescription of paying of Modus to

1 W. M. After which Judgment for the Defendants 166 That the said Defendants shall go sine die and have their Costs 167 Averment that the said Judgment remains in full force That the Goods in the said Action of Trespass and this of Trover are the same That the Conversion in this Action and the Taking in the other is the same That the Cause of Action was the same in both And that the Plaintiffs and Defendants are the same Et hoc parati sunt verificare unde petunt Judicium si praedicti the Plaintiffs Actionem suam versus eos habere debeant c. Not guilty to the residue of the Goods The Plaintiffs demur The Defendants joyn 168 Vsury Pleaded Vid. Debt 7. Way Action for stopping it Vid. Action on the Case 5. WE all knowing the Great Learning and Judgment of the Author do for the Benefit of the Public approve of and allow the Printing and Publishing of this Book Intituled The Reports of Sir Peyton Ventris Kt. Late One of the Justices of the Court of Common-Pleas J. Som̄ers C.S. J. Holt Geo Treby Ed Nevill Joh. Powell W. Gregory N. Lechmere Tho. Rokeby G Eyre Jo Turton John Powell Sam. Eyre April the 20 th 1965. The Second Volume TERMINO SANCTI HILLARII Anno Vicesimo primo secundo Caroli Secundi IN COMMUNI BANCO Craw versus Ramsey IN an Ejectment of Lands and the Rectory of Kingston upon Thames in Surrey Vpon Not Guilty pleaded the Jury found a Special Verdict to this effect viz. That Robert Ramsey Born in Scotland before the Accession thereof to the Crown of England had Issue four Sons Robert Nicholas John and George Antenati Robert died they do not find when leaving Issue three Daughters Margaret Isabel and Jane who were also Aliens and alive 1 Octob. 14 Car. 1. Nicholas had Issue Patrick born in England 1 May 1618. They also find that at the Parliament holden 10 Car. 1. in Ireland it was Enacted That all Persons of the Scottish Nation should be reputed the Kings Natural Subjects to all intents constructions and purposes of that his Realm of Ireland as if Born there And they find the Act of Parliament at large Nicholas Ramsey was alive at the making of that Act. John the third Son afterwards Earl of Holderness was Naturalized by Act of Parliament in England 1 Jacobi and purchased the Lands and Rectory in question and being seised 22 Jac by Indenture Tripartite between him of the First part Sir William Cocke and Martha his Daughter of the Second part and Charles Lord Effingham of the Third part In Consideration of a Marriage to be had between him and Martha did Covenant to levy a Fine to the use of himself for Life and afterwards to Martha for Life the Remainder to the Heirs Males of his Body the Remainder to his own right Heirs And 29 Septemb. 22 Jac. the Marriage was had and the Michaelmas Term after a Fine was Levied accordingly The 24 of Jan. 1 Car. 1. the Earl died without Issue Martha Entred and was seised for her Life and died 17 Car. Et eodem anno it was found by Office that the Earl of Holderness died seised of the Rectory as before and without an Heir and that King Charles anno decimo granted this Rectory to one Murray George the fourth Son of Robert was Naturalized by the Parliament here 7 Jac. He had Issue John the Defendant Nicholas died Patrick his Heir in 1651. bargained and sold to the Earl of Elgin and one Sydenham virtute cujus vigore Statuti c. they were seised prout Lex postulat and in 1662. bargained and sold for years to Amabel Countess of Kent and Jane Hart and afterwards Released to them and their Heirs in 1665. They being seised bargained and sold by Lease and Release also to Pullen and Neale who Entred and bargained and sold to Sir Lionel Talmash and West the Lessors of the Plaintiff upon whom John the Defendant Entred Vpon which the Action is brought and the great Question in the Case was Whether Patrick the Son of Nicholas might claim these Lands as Heir to the Earl of Holderness by virtue of the Act of Parliament in Ireland 10 Car. or that they should descend to the Defendant the Son of George Naturalized the 7 of Jac. in England Wyld and Archer who Argued first were of Opinion That however the Point was adjudged the Plaintiff could not have Judgment upon this Verdict for they do not find that Patrick entred or was seised but that he in 1651. did bargain and sell c. Virtute cujus the Bargainees were seised prout Lex postulat and then bargained and sold in 1662 and do not so much as find their Bargainees seised prout Lex postulat But they find the Defendant Entred and so the primer Possession is in him which is a good Title against the Plaintiff for whom none is found it not being found that Patrick Entred Again If the Naturalization in Ireland will serve in England the Title appears for the Daughters the Heirs of Robert the eldest Son for 't is found that he died but not when so it might be after the Act of 10 Car. But Tyrrell and Vaughan Chief Justice differed in these two Points As to the First They said it would be intended Patrick entred for a Verdict that leaves all the Matter at large to the Iudgment of the Court will be taken sometimes by Intendment as well as where the Jury Conclude upon a Special Point 2 Cro. 64. find an Incumbent Resigned the Resignation shall be intended accepted So in 4 Co. Fullwood's Case it was found that one came before the Recorder of London and Mayor of the Staple recognovit se debere c. and did not say per scriptum suum Obligatorium nec per formam Statuti yet intended so Vid. Hob. 262. And where they find the Bargainees seised prout lex postulat that doth not leave it doubtful whether seised or no but whether by right or wrong for Seisin must be taken as found expresly Neither do they find any other in possession nor that the Defendant made any Claim in Twelve years after which enforces the Intendment as before And it is found expresly that Pullen and Neale Entred in 1665. so that the Defendant had not the primer Possession however or if he had he should not have Judgment if no other Title were found for him as is Resolved in 1 Cro. 42. Hern and Allen's Case As to the Second It shall be intended Robert died before 10 Car. For he is found an Alien and shall be presumed to have continued so during his Life unless found to the contrary then the Discent to the Daughters is obstructed by the Incapacity of their Father And tho' when the Title is found for the King the Court shall adjudge for him because the Kings Courts are intrusted with his Rights 't is not so of any other person but they shall take no

But Hale said That he thought that in this Case inasmuch as the Mortgage to Lee was only of part of W. that therefore Marsh might bring Lee to an Account upon the extended value whereupon these two Mannors were extended upon the Statute and if Lee had received the Money due upon the Statute by receiving of the Profits according to the extended value or if she will pay down the residue of the Money due upon the Statute or if she will pay down so much as the proportion will come to for Monfield that then she may discharge the Mannor of Monfield But then my Lord Keeper asked him how he would have it appointed and how much should be laid upon Monfield and how much upon Wicksal for that part of W. is under that Extent To which Hale Answered That if Marsh did sue Lee for the discharge of this Statute from Monfield that Monfield should be Discharged by her paying down as much as the proportion comes to or when Lee shall have received so much according to the extended value and that he thought there might be a proportion found out by the Court. Nota Sir H. Fynch Counsel for Lee cited Primate and Jackson's Case Grove and Grove's Case and Mrs. Calamy's Case All which were Resolved in this Court That a Purchasor or Mortgagee coming in upon a valuable Consideration without Notice and purchasing in a precedent Incumbrance it shall protect his Estate against any person that hath a Mortgage subsequent to the first tho' before the last Mortgage tho' he purchased in the Incumbrance after he had Notice of the second Mortgage White versus Ewer AT a Re-hearing before my Lord Keeper assisted with Justice Vaughan and Turner concerning the Redemption of a Mortgage which had been made above 40 years since My Lord Keeper Declared That he would not relieve Mortgages after 20 years for that the Statute of 21 Jac. cap. 16. did adjudge it reasonable to limit the time of ones Entry to that number of years Vnless there are such particular Circumstances as may vary the ordinary Case as Infants Feme Coverts c. are provided for by the very Statute tho' these Matters in Equity are to be governed by the Course of the Court and that 't is best to square the Rules of Equity as near the Rules of Reason and Law as may be Termino Sancti Michaelis Anno 22 Car. II. In Cancellaria Peter Pheasant versus Anne Pheasant The Lord Mayor of London and Sir Thomas Player Chamberlain of London c. THe Case was this Anne Hadly now Pheasant one of the Defendants being an Orphan of London and having an Estate of 3 or 4000 l in Money in the Court of Orphans there was married to W. Pheasant elder Brother to the Plaintiff W. Pheasant before he was at the Age of 21 years and not having taken out this Money dies having bequeathed this Money inter alia to his said Wife provided that she should not claim Dower c. Notwithstanding she brings Dower against the now Plaintiff Brother and Heir to her late Husband Whereupon he brings this Bill in Chancery to make Discovery of this Estate and to compel her to release her Dower or renounce this Devise and thereupon obtains an Injunction to stay Proceedings in the Writ of Dower The Point was Whether this Money in the Court of Orphans were Devisable or no Serjeant Goodfellow Argued That it was Devisable as a Chattel personal in the Testator's possession and vested in the Baron the Court of Orphans have but have the Custodiam Co. Entries 346. 1 Roll. 550. the Chamberlain of London is the Officer intrusted and a sole Corporation to this purpose so as to take Recognizance which shall go to his Executors and is the only Corporation of that nature in England His possession is the Testator's actual possession Latch 127. If the Servant be robbed the Master shall have the Action in the 1 Cro. 37. This is not a Debitum but a Depositum as in Custodia in gremio legis by the Custom of London as if Money had been brought into Court here by a Compulsory Order in which case it would have vested in the Husband Now in the Court of Orphans they compel People to bring in the Money or to give Security and they pay no Interest only allow Finding-Money that is for the Orphans Maintenance and no more Seeing the Feme is intituled to Dower immediately it were hard that the Baron should not have the Portion Debts he shall not have because of his Latches in not bringing an Action whereby to reduce them to Property but this cannot be had until the Wives full Age. Vpon the Marriage of Orphans the Custom is to appoint the Common Serjeant to Treat and take Security for the Orphan Serjeant Maynard contra This was a Chose en Action Debt lies for it and it cannot be recovered without an Action Interest is allowed for it according to the Custom tho' not Statute Interest and proportionable to the Sum. And the Case of Dr. Ent versus Adrian was by the Custom of London If a man dye leaving three Sons his Estate shall be equally divided amongst them and if either of them dye within Age his part shall survive to the other The Father taking notice of this Custom Devised That if any of his Sons dye within Age his part should not survive but that it should go to J.S. It was Resolved that the Father could not thus give the Childs Portion because but a possibility and a thing not vested in himself Wyld said That when he was Recorder he certified the Custom in that Case to be That the Father might Devise Curia viz Bridgman Lord Keeper Twisden and Wyld assisting We are clear of Opinion that this was a Chose en Action and not Devisable A Trover and Conversion lies not for it if it be refused to be paid It was the Latches of the Husband that he did not recover it for by the Custom it is to be paid at the full Age or Marriage of the Female Orphan The Chamberlain is not a Servant to the Orphan but to the Mayor If it were purely a Depositum it must be paid in specie without Interest but they pay Customary Interest And tho' whilst the Orphans are under Age and Vnmarried if Women they give them Finding Money only yet at the end of all when the Orphan comes at full Age or if a Female marries all is Cast up and the Interest is paid The word Custodia in Pleading imports an Interest as in the Case of Guardian in Soccage c. the Lord Mayor c. have a Special Interest in it and if it be lost or miscarry they are to Answer it Let the Injuction be Dissolved Nota This Case was referred by my Lord Keeper to Justice Wyld A man opens a Mine in his Land and digs until he comes under the Soil of another whether he can follow his Mine there And he certified

Sr Peyton Ventris Kn t. Late one of the Justices of the Court of Com̄on Pleas. I Royly pinx H White sculp THE REPORTS OF Sir Peyton Ventris Kt. Late One of the JUSTICES of the COMMON-PLEAS In Two Parts The First PART Containing Select CASES Adjudged in the Kings-Bench in the Reign of K. CHARLES II. WITH Three Learned ARGUMENTS One in the Kings-Bench by Sir Francis North when Attorney General and Two in the Exchequer by Sir Matthew Hale when Lord Chief Baron With Two TABLES One of the Cases the other of the Principal Matters The Second PART Containing choice CASES Adjudged in the Common-Pleas in the Reigns of K. CHARLES II. and K. JAMES II. and in the Three first years of the Reign of His now Majesty K. WILLIAM and the late Q MARY while he was a JUDGE in the said Court With the Pleadings to the same ALSO Several CASES and PLEADINGS thereupon in the Exchequer-Chamber upon Writs of ERROR from the Kings-Bench Together with many remarkable and curious Cases in the Court of Chancery Whereto are added Three exact TABLES One of the Cases the other of the Principal Matters and the third of the Pleadings With the Allowance and Approbation of the Lord Keeper and all the Judges LONDON Printed by the Assigns of Richard and Edward Atkyns Esquires for Charles Harper and the Flower-de-Luce and Iacob Tonson at the Judges-Head both over against St. Dunstan's Church in the Fleetstreet MDCXCVI WE all knowing the Great Learning and Judgment of the Author do for the Benefit of the Publick approve of and allow the Printing and Publishing of this Book Intituled The Reports of Sir Peyton Ventris Kt. Late One of the Justices of the Court of Common-Pleas J. Som̄ers C.S. J. Holt Geo Treby Ed Nevill Joh. Powell W. Gregory N. Lechmere Tho. Rokeby G Eyre Jo Turton John Powell Sam. Eyre April the 20 th 1695. THE FIRST PART OF THE REPORTS OF Sir Peyton Ventris Kt. LATE One of the Iustices OF THE COMMON-PLEAS CONTAINING Select CASES Adjudged in the COURT of Kings-Bench in the Reign of King CHARLES II. WITH THREE LEARNED ARGVMENTS One in the Kings-Bench by Sir FRANCIS NORTH when Attorney General And Two in the Exchequer by Sir MATTHEW HALE when Lord Chief Baron With Two exact TABLES One of the Cases the other of the Principal Matters With the Allowance and Approbation of the LORD KEEPER and all the JUDGES LONDON Printed by the Assigns of Richard and Edward Atkyns Esquires for Charles Harper at the Flower-de-Luce and Iacob Tonson at the Judges-Head both over against St. Dunstan's Church in the Fleetstreet MDCXCVI TO THE READER THE Name of the Reverend and Learned JUDGE who was the Compiler of these REPORTS will be a sufficient Invitation to the Understanding Reader not only to cast his Eye upon but seriously to peruse them And as my Lord Coke in his Commentary upon Littleton fol. 249. b. says That for the most part the latter Resolutions and Judgments are the surest and therefore best to Season Students with at the Beginning both for the settling of their Judgments and retaining of them in Memory and easier to be understood than the Ancient So it is to be hoped that these following REPORTS Collected with Care Diligence and Experience by the Learned Author thereof will fully answer these Directions given by that before-mentioned Famous Lawyer The Author of these REPORTS was so Eminent in his Profession of the LAWS that should I presume to give a Character of him it would come very short of His great Worth and therefore I shall only commend him to the Courteous Reader where he will find his own Character given by himself Vale. THE NAMES OF THE CASES IN THE FIRST PART A ABram v. Cunningham p. 303 Adams v Guy 109 Amhurst's Case of Grays-Inn 187 Anger v. Brewer 348 350 Anonymus's 2 3 4 5 9 10 11 12 13 17 18 20 21 24 26 28 31 32 33 34 37 38 39 40 41 42 43 45 46 48 49 51 53 54 55 59 60 61 63 65 69 71 74 75 87 89 92 93 98 100 105 107 108 109 111 114 115 117 120 126 127 132 133 135 142 143 146 165 166 191 211 212 213 214 222 233 234 236 239 247 248 249 252 253 256 257 258 259 261 262 264 265 266 267 268 272 274 276 292 293 295 296 298 306 308 309 310 315 323 325 327 328 329 330 331 332 333 335 336 337 338 343 344 345 346 348 349 350 352 353 355 356 357 359 361 362 366 367 369 Astree v. Ballard 315 Atkyns Sir Robert v. Holford Clare 399 Auberie v. James 70 Aubin St. v. Cox 180 Austin's Case 183 Austin's Katharine Case 189 B BAins versus Biggersdale 5 Baker v. Bulstrode 255 Baker v. Bakers 313 Baldway and Ouston 71 Baltinglasses Lady Case 64 Barber v. Fox 159 Barkly v. Paine 28 Barnard v. Mitchel 114 126 Barnes v. Bruddel 4 Barnes v. Hughes 8 Barrett v. Milward al' 75 Bateman 's Sir Anthony Case 166 Bates 's William Case 41 Batmore Vx ' v. Graves 260 Bayly v. Murin 244 Beasly 's Case 301 Bedniff Vx ' v. Popli Vx ' 220 Bell v. Thatcher 275 Bellew Monsieur Norman sen ' Norman jun ' 254 Bernard v. Bernard 72 Berry v. Bowes 360 Best v. Yates 268 Billingham and Vavasor 6 Biron 's Lord Case 100 Blackamore v. Mercer 221 Blackman 's Case 304 Blake v. 240 Bolton v. Cannon 271 Bosvile v. Coates 58 Bourne v. Mason al' 6 Bovye 's Sir Ralph Case 193 211 217 Bradnox 's Case 195 Braithwaite 's Case 19 Brell v. Richards 165 Brown 's John Case 243 Brown v. London 152 Brown v. Wait 299 Bulmer v. Charles Pawlet Lord St. John 160 Burfoot v. Peale 262 Burgen 's Thomas Case 13 Burrough 's Case 305 Burwell 's Case 48 Butcher v. Cowper 183 C CAptain C 's Case 250 Cabell and Vaughan 34 Calthorpe v. 108 Cartwright v. Pinkney 272 Castilian v. Platt 190 Catterel v. Marshal 99 Chester v. Wilson 78 Chesters Lady Case 207 Clarke v. Phillips al. 42 Clarke 's Case 327 Clayton v. Gillam 363 Clerke v. Cheney 13 Clipsham v. Morris 9 Clue v. Baily 240 Cole v. Levingston 224 Colepepper 's Case 349 Collet v. Padwel 93 Collingwood v. Pace 413 Cooke v. Fountain 347 Coriton Sir John and Harvey versus Lithby 167 Cotton Sir Robert v. Daintry 29 Cousin 's Case 69 Cox v. Matthews 237 239 Crawfoot v. Dale 263 Crispe and Jackson v. The Mayor and Commonalty of Berwick 58 90 Crosse v. Winter 22 Crossing v. Scudamore 137 Curtis al' v. Collingwood 297 Curtis v. Inman 364 Cuts v. Pickering 197 D DAcon 's Case 107 Dacres v. Duncomb 235 Davenant v. The Bishop of Salisbury 223 Davis v. Wright al' 120 Davis v. Price 317 Davison v. Hoslip 152 Day v. Pitts 10 Day v. Coppleston 356 Dean and Chapter of Durham v. The Lord Archbishop of York 225 Debt 233 Denison v. Ralphson 365 Dier v. East 42 146

necesse non habet nec per legem terrae tenetur respondere Et hoc parat ' est verificare unde pro defectu sufficien ' placiti in hac parte idem Thomas Dowse pet ' judicum dampna sua occatione fraction ' convention ' praed ' in hac parte sibi adjudicari c. Et praed ' Johannes Cale dic ' qd ' placitum praed ' per ipsum Johannem modo forma praed ' placitat ' materiaque in eadem content ' A Joynder in Demurrer bon ' sufficien ' in lege existit ' ad Cur ' dict' Domini Dominae Regis Reginae nunc hic a cognitione placiti praedict ' habend ' praecludend ' quod quidem placitum materiaque in eadem content ' idem Johannes parat ' est verificare probare prout praed ' Cur ' c. Et quia praed ' Thomas Dowse ad placitum illud non respond ' nec ill ' hucusque aliqualit ' dedic ' idem Johannes Cale pet ' Judicium si Cur ' dictorum Dom ' Dominae Regis Reginae nunc hic placitum illud ulterius cognoscere velit Hen. Trinder Et quia Justic ' hic se advisare volunt de super praemissis unde partes praed ' superius posuer ' se in Judicium Cur ' priusquam Judicium inde reddant dies dat' est partibus praed ' hicusque in Octabis Sancti Hilarii de audiendo inde judicio suo eo qd ' iidem Justic ' hic inde nondum c. Et quoad triand ' separal ' exit ' praed ' inter partes praed ' per patriam triand superius junct Prec est Vic. qd venire fac hic ad praefat Terminum duodecim c. per quos c. Et qui nec c. ad recogn c. Quia tam c. Dowse versus Cale IN an Action of Covenant brought by Thomas Dowse as Assignee of Thomas Dowse his Father Assignee of Arthur Stanhope Edward Rosseter John Wolstenholm and Thomas Bristow Assgnees of John late Earl of Clare against John Cale Executor of Richard Cale The Plaintiff set forth a Lease by Indenture made by the said Earl of Clare the 9th of December 1647. to the said Richard Cale of three Messuages in the Parish of St. Clement Danes in Middlesex to hold from Christmas Day then next following for 41 years rendring 20 l yearly Rent and further sets forth that the said Richard Cale by the said Indenture Covenanted with the said Earl his Heirs and Assigns to pull-down the said three Houses and would in the same place build three as good and substantial Houses in all respects as the said Richard Cale had for some short time before built for himself in Fleetstreet Ac eciam That he would during the said term well and sufficiently repair all the Houses so agreed to be built ac eciam omnia singula Canal ' Angelicè Sewers Sentinas Anglicê Sinks Elicia Anglicè Drains paviamenta fact ' vel fiend ' in pro cum omnibus requisitis necessar ' reparationibus ac dicta dimissa praemissa ac domus edificia superinde fore erect ' edificat ' eorum quodlibet bene sufficienter reparat ' supportat ' manutent ' in fine vel citiori determinatione dicti termini pacifice quiete relinqueret sursum redderet dicto Com' Haered ' Assign ' suis prout per Indentur ' praed ' c. By virtue of which said Demise the said Richard Cale entred and was possessed and the said Earl being seised of the Reversion by Lease and Release dated the 6th and 7th of August 1662. conveyed the said Reversion to the said Arthur Stanhop Edward Rossiter John Wolstenholm and Thomas Bristow and their Heirs to the use of the said John Earl of Clare during his Life and after his Decease to the use of the said Stanhop Rossiter Wolstenholm and Bristow for one thousand years next after the date of the said Indenture and that after the said Earl of Clare died and the said Stanhop Rossiter Wolstenholm and Bristow became possessed of the Reversion of the Premisses for the said term of 1000 years and upon the 7th of June 1668. by an Indenture between Gilbert Earl of Clare and the said Stanhop Rossiter Wolstenholm and Bristow of the one part and Thomas Dowse Father of the Defendant of the other part they granted to the said Thomas Dowse the Reversion of the said Premisses for and during the residue of the term of 1000 years to which the said Richard Cale being then possessed of the term demised to him as aforesaid of the Premisses did attorn and the said Richard Cale being so possessed in the year 1672. died having made his last Will and the Defendant Executor thereof who after the decease of the said Richard entered into the said demised Premisses and became possessed and the said Thomas Dowse Father to the Plaintiff died possessed of the Reversion aforesaid in the year of our Lord 1686. having made his Will and thereby devised the said Reversion to the Plaintiff for his life and after his decease to Thomas Dowse Son of the Plaintiff and to the Heirs of his Body and made the Plaintiff Executor of his said Will who caused the same to be proved and did claim the Reversion of the said Premisses ratione legationis praed ' and thereupon became possessed thereof for the residue of the said term of 1000. years then to come and unexpired And the said Richard Cale being possessed by vertue of the Demise aforesaid altho' he the said Thomas Dowse performed all the Covenants to be performed as aforesaid on the part of the said John late Earl of Clare his Heirs and Assigns the said Defendant did not perform the Covenants which were to be performed on the part of the said Richard Cale his Executors and Administrators and in facto dicit the said John Cale being possessed of the Premisses after the decease of the said Thomas Dowse Father of the Plaintiff before the end of the said term of one and forty years viz. the 13th of September 1684. did permit one House of the value of 200 l erected upon the Premisses by the said Richard Cale in his life time to fall down and to be wholly ruinated and the said John Cale at the end of the said term which ended at Christmas Anno Dom. 1688. left the said House so prostrated and ruined contra formam conventionis praed ' And assigns another Breach for that he permitted the Pavement of the Yard to be broken and in decay and at the end of the term left it so in decay for want of repair and that he suffered the Tiles and one hundred yards of Walling of four Houses upon the Premisses erected by the said Richard Cale in his life-time during the term to be broken and in decay for want of Repairs and so the said John Cale left them

it could not appear upon the Record but that the Verdict was against the Plaintiff upon the mistake of the Action whereas here it appears upon the Matter at large set forth in the Special Verdict that Judgment was given against the Plaintiffs upon the Merits of of the Cause And the Court were of Opinion that the Plea in Bar was good in this Case but they took the Case of Putt and Royston to be a Case of the same nature For tho' the Issue were General yet in regard of the Averments which in every such Plea there must be it appears to the Court that the Matter was the same as well as here it doth upon the Special Verdict and if it were not the same so that the Plaintiff was barred to the former by mistaking the Nature of his Action the Averment might be traversed Therefore by reason of that Case Adjudged and the Importunity of the Plaintiffs Leave was given by the Court to speak further to the Case the next Term. The Earl of Mountague versus The Lord Preston IN an Action on the Case for the Profits of the Office of Master of the King's Wardrobe the Plaintiff Declared That King Charles the Second in the 23th year of his Reign granted him a Patent to hold the said Office for Life reciting a former Grant thereof to the Earl of Sandwich and the Surrender of that Grant And that the Defendant by colour of a Patent granted to him in the First year of the late King James had entred upon the Office and taken the Profits and had deprived the Plaintiff of the whole benefit and profit of the Office Vpon Not guilty pleaded it came to a Trial at the Bar this Term and it was insisted upon for the Defendant That the Plaintiffs Patent having recited a former Grant that they must prove that Grant to have been surrendred To which it was Answered That if they took advantage of the Recital they must admit all that was recited as well the Surrender as the Grant And of that Opinion was the Court. Then the Defendant produced the Earl of Sandwich's Patent and this the Court held would put the Plaintiff to prove a Surrender And a Surrender was shewn in Evidence accordingly Note It was said in an Action of this Nature that it is not necessary to shew every particular Sum received by the Defendant But it is a good Evidence for the Damage to shew the Profit of the Office communibus annis Anonymus AFter an Extent upon a Statute and a Liberate out of this Court the Writ was Habere fac ' terr' tenementa instead of Liberari facias and it was moved to amend the word Habere in the Writ and to make it Liberari And after divers Motions the Court Ordered the Amendment to be accordingly because it is a Judicial Writ 8 Co. 157. a. 1 Cro. 709. A Writ of Enquiry was awarded to the Sheriffs of London and it was quod Inquirat instead of Inquirant and it was amended Vid. the Case of Walker and Riches 3 Cro. 162. and the Case of Keer and Guyn Hob. 90. but in that Case the Roll was wrong in a very material thing for it was not said in the Elegit the Lands and Tenements of the Defendant Anonymus AN Action of Debt was brought in this Court for a Sum of Money recovered in the Hundred Court and the Defendant was admitted to wage his Law tho' at first the Court doubted Vid. Mo. 276. for a Wager of Law to an Action of Debt brought for an Amercement in a Court Baron Note When the Defendant hath his Hand upon the Book before he is sworn the Plaintiff is to be called and he may be Non-suited The Defendant is to bring his Compurgators but they may be less than Eleven and they are sworn de credulitate Anonymus AN Action was brought for speaking of these words of the Plaintiff He broke my House like a Thief And upon Not guilty pleaded a Verdict was found for the Plaintiff And the Court held the words not to be Actionable Anonymus IN an Action for Words spoken of the Plaintiff in saying He was a Clipper and Coiner After Verdict upon Not guilty pleaded it was moved in Arrest of Judgment that the Words did not charge him with Clipping and Coining of Money and Clipping and Coining might be apply'd to many other things But the Court held the Words to be Actionable in regard of the strong Intendment and such Words are understood by those that heard them to mean Clipping and Coining of Money Anonymus AN Attorney brought an Action for that the Defendant said of him He is a Cheating Knave and not fit to be an Attorney After Verdict for the Plaintiff it was moved in Arrest of Judgment that there was no Communication of his Profession and the Words did not necessarily relate to his Practice But the Court held the Action would lye for saying That he was not fit to be an Attorney shewed plainly that Cheating Knave had reference to that Anonymus UPon a Motion for a New Trial it appeared that the Solicitor for the Plaintiff who also was an Attorney had wrote two Letters to two of the Jury before the Trial importuning them to Appear and setting forth the Hardships that his Client had suffered in the Cause and how he had Verdicts for his Title The Court set aside the Trial for this Cause and Committed the Solicitor to the Fleet for this Misdemeanor being Embracing of a Jury and before his Discharge made him pay Ten pounds to the party towards the Charges of the Trial. Pretious versus Robinson THe Cause being at Issue in Hillary Term last a Venire was awarded and a Jury Retorned upon it and in Easter Term after another Venire was awarded and a Trial was by a Jury Returned upon the two Venire's Vpon this the Court set aside the Verdict for there was no Authority for the two Venire's so all the Proceedings thereupon are void and not aided by the Statute of 16 Car. 2. Cooke versus Romney AN Action of Covenant was brought against two and it was quod teneat conventionem instead of teneant and after a Writ of Error brought it was moved that it might be amended and made teneant It was Objected That False Latin in an Original could not be amended as hos breve for hoc breve so in Waste destrictionem for destructionem Blackamore's Case 8 Co. But the Court granted the Motion and ordered the Amendment And it was said of late days it had been done in case of a word Mistaken in an Original as in Ejectment divisit for dimisit Vid. in Blackamore's Case the like 159. b. Imaginavit for imaginatus est was amended Anonymus IN Trover and Conversion for a Mare Vpon Not guilty pleaded and a Verdict for the Plaintiff it was moved in Arrest of Judgment that the Mare was said ad valentiam and it should have been pretii Sed non

Ground tanquam ad Mesuag ' praed ' spectant ' pertinent ' de jure habere debet and that the Defendant stopped it up ad damnum c. The Defendant pleaded a frivolous Plea to which there was a Demurrer It was Objected on the Defendant's part that the Declaration was insufficient because the Plaintiff did not prescribe for the Way nor otherwise entitle himself to it than by a possession of the Messuage and that he had and ought to have a Way to the said Messuage belonging And a difference was taken between this and Dent and Oliver's Case 2 Cro. 43. where one alledged himself to be seised in Fee of a Mannor and had a Fair there and that the Defendant disturbed him to take Toll And in 2 Cro. Stackman and West there is a Prescription laid in the Dean and Chapter who had the Fee for the Way But it was Objected That a Corporation could not prescribe in a Que Estate but it was held well being but inducement to the Action And the Court here held the Declaration sufficient being but a possessory Action And a Case was said to be so Adjudged in this Court between the same parties Anno primo Jacobi secundi Vide the Case of Saint John and Moody upon the like Point Woodward al' versus Fox IN an Indebitat ' Assumpsit for 200 l for so much Money received by the Defendant for the use of the Plaintiffs The Defendant pleaded Non assumpsit and upon that a Special Verdict was found That in the Year 1681. before the Promise supposed c. John Hammond was and yet is Archdeacon of Huntington within the Diocess of Lincoln and that the Bishop of Lincoln is Patron of the Archdeaconry and that the Office of Register of the Court of Archdeaconry was time out of mind grantable by the Archdeacon for the Term of three Lives and that the said John Hammond in the said Year 1681. for 100 l sold and granted to Simon Michael and John Juce for their Lives the said Office of Register it being an Office concerning the administration of Justice and that by Colour thereof they enjoyed the Office till Juce died which was in 1687. and soon after in the same year the said Simon Michael died in the possession of the said Office and that Hammond was no ways Convicted of selling the said Office upon any prosecution at Law or otherwise And they further said That Thomas Bishop of Lincoln in the said Year 1687. after the Death of Juce and some time before the Death of Michael granted the said Office of Register to the Defendant Fox and set forth the Grant in haec verba which mentioned the said Registers Office to be void by the Statute of the 5 6 Ed. 6. against Sale of Offices and that thereupon it belonged to the said Bishop to grant the said Office by virtue of which the said Fox became seised of the said Office prout lex postulat And they find afterwards that in the same Year that Juce and Michael died Hammond being Archdeacon as aforesaid granted the said Office to the Plaintiffs Woodward Masters and Gilbert for their Lives and that they entred upon the said Office and became seised thereof ꝓut lex postulat And they find that the Bishops Grant was Afterwards Confirmed by the Dean and Chapter and they find that afterwards viz. the 22 of Octob. Anno regni Willielmi Mariae primo the said King and Queen their Letters Patents under the Great Seal reciting that the said Office appertained to Their Majesties to grant by the said Statute of Edward the 6th did grant the said Office of Register to the said Plaintiffs Woodward Masters and Gilbert for their Lives and that by virtue thereof they entred upon and exercised the said Office and received divers Fees and Profits thereunto belonging and that the Defendant having notice thereof did take divers Fees and Profits of the said Office amounting to 30 l claiming them to his own use c. and if upon the whole Matter c. Vpon this Special Verdict there were these Points moved The first Point was Whether this Office of Register could be granted for Lives This was not much insisted on by the Defendants Council it having been usually granted and so found by the Verdict 3 Cro. Young and Fowler 's Case a Grant in Reversion of the Registers Office was allowed being warranted by Usage and so in 3 Cro. Young and Stoel But unless there have been such Vsage 't is not grantable in Reversion Vide 3 Cro. Walker and Sir John Lamb. The second Point was Whether the Grant of this Office in Consideration of Money is void by the Statute of the 5th and 6th of Edward the 6th against Sale of Offices That Point was also waved it being Resolved in Dr. Trevor's Case 12 Co. 78. 2 Cro. 269. forasmuch as it concerned Administration of Justice The third Point was That the Statute of 5 Ed. 6. Enacting That the person who takes any Money for any Office shall lose and forfeit all his Right to any such Office c. Whether the King or the Bishop shall take advantage of this Forfeiture in regard the Statute doth not express who shall dispose of the Office in such case Co. Lit. 159. a. And it was said on the part of the Plaintiff That when a Statute gives a Forfeiture and not said to whom the King shall have it 11 Co. 60. a. unless there be a particular party grieved as upon the Statute of 2 Ed. 6. of Tythes and yet it was for some time before it was setled that the Parson should have the treble Value in that Case And this agrees with the Reason of the Common Law things that are nullius in bonis the King shall have them as extra Parochial Tythes 11 H. 4. 17. Vid. 5. Co. in Sir Henry Constable's Case The Soil of Navigable Rivers and derelict Lands was with this difference If the Sea leaves the Land gradatim and for but a little quantity the Owner of the Land shall have it but if in a great quantity at a time it goes to the King Davis Rep. 5. 6. Vid. Siderfin 86. Dyer 126. 'T is true at the Common Law where a person hath an Interest in that which is Forfeited he shall have the benefit of it as if a Park-keeper forfeit it shall go to the Owner of the Park And in Sir John Breon's Case Bridgm. 27. where the Earl of Lancaster gave License to make a Park in his Forest and the party forfeited his Office the Earl had the advantage of it In those cases the thing is forfeited to him from whom it was granted as a Copyholder forfeits to his Lord and Tenant for Life to him in Reversion but here the Bishop hath nothing to do with the Office of Register he cannot dispose of it in the time of Vacancy of the Archdeaconry The Verdict finds that his Office is to Register the Acts in the

of the Crown so 11. and so it was held in the Case of the Earl of Essex in Queen Elizabeths Time and in the Lord Cobham's Case in the Reign of King James the First And the Chief Justice cited the Statute made 29 H. 6. cap. 1. upon the Rebellion of Jack Cade which Act sets forth that John Cade naming himself John Mortimer falsly and traiterously imagined the Death of the King and the destruction and subversion of this Realm in gathering together and levying of a great Number of the King's People and exciting them to Rise against the King c. against the Royal Crown and Dignity of the King was an Overt act of imagining the Death of the King and made and levied War falsly and trayterously against the King and his Highness c. So that it appears by that Act that it was the Iudgment of the Parliament That gathering Men together and exciting them to Rise against the King was an Overt Act of Imagining the Death of the King Vide Stamford's Pleas of the Crown fo 180. And according to this Opinion Judgment was given against Harding in the following Sessions and he was Executed thereupon NOta At an Adjourned Sessions held the 19th of May 2 Willielmi Mariae it appeared that one of the Kings Witnesses which was to be produced in an Indictment for Treason had been the day before Challenged to Fight by a Gentleman that it was said was a Member of the House of Commons he was by the Court bound in a Recognizance of 500 l to keep the Peace And because it appeared the Witness had accepted the Challenge he was bound in the like Sum. NOta Vpon an Appeal to the House of Lords Anno 2 Willielmi Mariae the sole Question was Whether upon the Statute of Distributions 22 23 Car. 2. the half Blood should have an equal share with the whole Blood of the Personal Estate And by the Advice of the two Chief Justices and some other of the Judges the Decree of the Lords was That the Half Blood should have an Equal share Samon versus Jones IN an Ejectment brought in the Court of Exchequer in the year of the Reign of the late King James the Second The Case upon a Special Verdict was to this effect William Lewis seised of a Reversion in Fee expectant upon an Estate for Life did by Deed Poll in Consideration of Natural love and affection which he had to his Wife and Robert Lewis his Son and Heir apparent begotten on the Body of his said Wife and to Ellen his Daughter give grant and confirm unto the said Robert Lewis the Son all those Lands c. the Reversion and Reversions Remainder and Remainders thereof To have and to hold to his Son and his Heirs to the Vses following viz. to the use of himself for Life and then mentioned several other Vses not necessary to be here mentioned as not material to the Point in question and then to the use of the Wife for Life and after to the use of Robert and the Heirs of his Body and for want of such Issue to the use of Ellen the Daughter and the Heirs of her Body c. William Lewis and his Wife died Robert the Son devised the Estate to the Lessor of the Plaintiff and died without Issue Ellen was in possession and claimed the Lands by this Deed in which th●re was a Warranty but no Execution of the said Deed further than the Sealing and Delivery was had either by Enrolment Attornment or otherwise So that the sole Question was Whether this Deed should operate as a Covenant to stand seised or be void And it was Adjudged to amount to a Covenant to stand seised in the Court of the Exchequer And upon a Writ of Error brought upon the Statute of Ed. 3. before the Commissioners of the Great Seal and others empowered by that Act to sit upon Writs of Error of Judgments given in the Court of Exchequer the said Judgment was Reversed by the Opinion of Holt Chief Justice of the Kings Bench and Pollexfen Chief Justice of the Common-Pleas And upon a Writ of Error before the Lords in Parliament brought upon the said last Judgment it was Argued for the Plaintiff in the VVrit of Error That this should enure as a Covenant to stand seised to the use of the Wife Son c. It appears by Bedell's Case in the 7 Co. and Foxe's Case in the 8 Co. that the words proper to a Conveyance are not necessary but ut res magis valeat a Conveyance may work as a Bargain and Sale tho' the words be not used so as a Covenant to stand seised tho' the word Covenant is not in the Deed and and Poplewell's Case were cited in 2 Roll. Abr. 786 787. A Feme in Consideration of a Marriage intended to be had between her and J. S. did give grant and confirm Lands to J.S. and his Heirs with a Clause of VVarranty in the Deed which was also Enrolled but no Livery was made It was Resolved to operate as a Covenant to stand seised Vide Osborn and Churchman's Case in the 2 Cro. 127. which seems contrary to that Case but the chiefest Case relied upon was that of Crossing and Scudamore Mod. Rep. 175. where a man by Indenture bargained sold enfeoffed and confirmed certain Lands to his Daughter and her Heirs and no Consideration of Natural Love or Money exprest This was Resolved 22 Car. 2. in B.R. to operate as a Covenant to stand seised and upon a Writ of Error in the Exchequer Chamber the Judgment was affirmed It was said on the other side for the Defendant That the Case at Bar differed from the Cases cited for here the Intention of the Deed is to transfer the Estate to the Son and that the Vses should arise out of such Estate so transferred In the Cases cited no Vses are limited upon the Estate purported or intended to be Conveyed but only an Intention appearing to convey an Estate to the Daughter in Crossing's Case and to the intended Husband in Poplewell's Case and seeing for want of due Execution in those Cases the Estate could not pass at Law it shall pass by raising of an Vse But the Case at Bar is much the same with the Case of Hore and Dix in Siderfin the 1st Part. 25. where one by Indenture between him and his Son of the one part and two Strangers of the other part in Consideration of Natural love did give grant and enfeoff the two Strangers to the use of himself for Life Remainder to the Son in Tail c. and no other Execution was three than the Sealing and Delivery of the Deed this was Resolved not to raise an Vse for the Vse was limited to rise out of the Seisin of the Strangers who took no Estate Vide Pitfield and Pierce's Case 15 Car. 1. Marche's Rep. 50. One gave granted and confirmed Lands to his Son after his Death this Deed had been