die after the sale of the Lands and distribution what remedy hath the Bankrupt for the rest against the Executors of the Commissioners or against the Survivor of them After the Sale and before distribution all the Commissioners die but two what shall be done A new Commission shall be awarded to other Commissioners not to them and they shall be called before the new Commissioners as they who have the Estate of the Bankrupt in their hands 15. What shall be said a concealment of the Estate of a Bankrupt or of his Person or a fraudulent claim or demand or detaining of his Estate and what remedy for the Forfeiture or Fine 16. What damage is it to be out of the Kings Protection by this Statute 17. Who shall be said a Creditor within this Statute A sole Creditor if he can sue the Commission A Mortgage of Lands or Goods if they can sell them Conusee of a Statute-Merchant or Recognizance The Plaintiff who hath the Body of the Defendant in Execution upon a Judgment at the Common Law He who hath the Bankrupt in Execution upon a Statute-Merchant A Merchant is taken in Execution and after becomes indebted to A. and remains six Months in Execution and so is a Bankrupt if A. shall be a Creditor that is if he be a Bankrupt from the beginning of his Imprisonment by relation or only after the six Months A Merchant is imprisoned for Debt the Gaoler Credits him for Victuals for a Year if he shall be a Creditor for part for all or for none A Bankrupt is Convicted for keeping of Inmates or erecting Cottages the Statute gives an Action of Debt to the Lord of the Leet he is no Creditor 18. What Conveyance the Commissioners may make after the Death of the Bankrupt A Feme Covert sole Merchant within Age the Baron and Feme levy a Fine of the Land of the Feme a Commission is awarded the Fine is reversed for Non-age of the Feme with a Cessation of Execution during the Life of the Baron they have Issue the Feme dies the Commissioners sell the Issue enters The First Division Who shall be said to be a Merchant or other Person using or exercising the Trade of Merchandizes by way of Bargaining Exchange Bartry Chevisance or otherwise in gross or by Retail or seek his or their Trade of Living by Buying and Selling. 1. A Makes a Lease for Years to B. and grants the reversion to C. in Tail B. attorn and enters A. grants the reversion of C. to D. being a Denizen of Ireland C. commits Treason and attorns D. becomes an Adventurer to the East Indies C. is attainted D. is Non solvent and having no House keeps himself on Ship-board C. Dies without Issue a Commission is awarded and after supers the Commissioners sells the Land by Deed Inrolled in the Mayor's Court in London D. is a Bankrupt within the Statute and the Sale by the Commissioners is good 2. Tenant for Years of an Inn makes a Feoffment in Fee to Baron and Feme an Alien makes livery within the view to the Feme who enters the Baron is made King the Lessor being an Adventurer of Virginia Releases to the King by Deed Inrolled an Office is found the Queen waives the Lessor enters and keeps the Inn and being Non-solvent is made Keeper of a Castle in the Isle of Man where he was Born and there remains The Lessor is a Bankrupt within this Division of the Statute and the Commissioners may sell the Land 3. A Disseisor makes a Lease for Life to a Feme sole the remainder to the right Heirs of I. S. she makes a Feoffment in Fee upon condition and enters for the condition broken and grants a Rend charge to A. a Goldsmith of London Naturalized by Parliament the Disseisee Releases to the Feme she Marries A. the Disseisor enters and makes a Feoffment to a Stranger I. S. dies the Feme hath Issue and dies A. enters and being Non-solvent surrenders to the Issue and departeth the Realm to Merchandize the Commissioners sell the Rent the right Heir of I. S. enters A. is a Bankrupt within this Division of the Statute and the Vendee may presently Distrain for the Rent 4. R. Tenant in tail makes a Gift in tail to M. hath Issue and dies M. makes a Feoffment to C. and dies without Issue his Wife the Issue of R. enters a Son is Born who enters the Feoffee enters and being a Grasier buyes lean Cattel and feeds them upon the Land and Sells them when they are fat and sells his own House and after being Non-solvent keeps his Neighbours House C. is no Bankrupt within this Statute and the Issue of R. recovers the Land by Formedon and the Son Born hath no right 5. A Man hath Issue A. and B. two Daughters they Disseise I. S. and infeoff their Father A. Marries C. and by his leave becomes a Sempster in the Exchange London the Father dies I. S. releases to the Husband B. brings a Neuper Obiit against A. and C. C. makes default after default A. is received and being indebted to divers Creditors disclaims in the Blood the Husband keeps the House The Husband is a Bankrupt within this Statute and the Moiety of the Land is liable to the sale of the Commissioners during the Coverture 6. One makes a Lease for Years to A. the remainder to B. for the Life of A. the remainder to the right Heirs of A. B. dies A. having Issue a Daughter his Wife with Child with a Son devises the Land to I. S. for the Life of M. for payment of his Debts and makes I. S. his Executor and dies I. S. enters the Daughter being a Feme Covert sole Merchant in London enters M. dies the Daughter is Non solvent and elopes the Son born enters The Daughter is a Bankrupt within this Statute and the Commissioners may sell the Land 7. One devises his Land to A. B. and C. baeredibus A. paying 10 li. they enter and A. being an Exchanger enters into Religion B. releases to C. the Bills of A. are protested C. dies the Creditors of A. brings Action against his Executors and before Judgment A. is deraigned the Commissioners sell all the Land A. is a Bankrupt within this Statute but the sale is good only for a third part 8. M. and F. joyn Tenants of a Horse Mortgage him to E. a Feme sole who intermarries with M. F. being a Horsecourser performs the condition and takes the Horse E. by commandment 〈◊〉 her Husband Steals the Horse M. and E. are Divorced causa praecontractus M. dies E. is indicted for Felony the Horsecourser becomes a Bankrupt the Commissioners sell the Horse F. is a Bankrupt within the Statute and the sale is good 9. The King makes a Lease for Years rendring Rent of the Pre-emption of Tynn in Cornwall to I. S. one of the Grooms of the Privy Chamber who becomes indebted to divers Persons for Tynn bought of
married B. being a poor Maid releases to A. and his Heirs to the use of B. and his Heirs Females of his Body they have Issue a Son and a Daughter B. dies the Daughter makes a Lease to C. for one and twenty years rendring the ancient Rent and dies having Issue E. a sole Merchant born upon the Coast of Flanders and is married to F. a Citizen of London born in the Port of Deep A. makes a Feoffment to F. who is outlawed for Debt The Feme is a Bankrupt within this Division and the Land shall be sold but subject to the Lease made to C. 2. One hath a House of Gavelkind and purchases Estovers to this House out of Land in Borough English and dies having two Elder Brothers they make partition of the House the Younger is Executed for Felony the Lord enters into a Moiety the Elder Brother born in Virginia and using to give Gold for Silver contrary to the Statute and for that is condemned in 100 l. in an Action upon the Statute at the sute of the Informer and the King and remains in Execution at the King's sute for six Months the Informer and I. S. a Creditor sue forth a Commission The Elder Brother is a Bankrupt within this Division but no part of the Land shall be sold by this Commission 3. The Lessor when the King was absent in Scotland enters upon the Lessee for life and die seised his Heir for Money paid by a Merchant Naturalized makes a Feoffment to him and to a Feme sole an Alien the Merchant and the Feme inter marry the Lessee and the Stranger make Livery by Letter of Attorney the Baron is made Church-warden and being non-solvent keeps the Church Office is found The Baron is a Bankrupt within this Division and all the Land shall be sold 4. White-Acre is given to A. and B. Baron and Feme and to the Heirs of the Baron for the Joynture of the Feme a Disseisor enters and levies a Fine to C. who marries D. an Alien A. dies five years pass D. is sole Merchant and made Denizen upon condition that she shall not depart the Realm without her Husband's leave B. brings Dower of Black-Acre the Heir of A. enters into White-Acre D. being non-solvent Elopes into Scotland C. enters The Feme is a Bankrupt within the Statute and White-Acre shall be sold 5. A Tenant for life and B. an Infant in reversion born in Greenland they levie a fine to C. B. uses his stock in the Muscovia Company and reverses the fine A. surrenders to the King by Deed B. being of full age and indebted to the Company procures himself to be arrested and after he grants the reversion to the King by Deed inrolled and after the first Deed is inrolled the Company sues a Commission B. is a Bankrupt within the Statute and the Commission is well awarded and the Land shall be sold 6. A. and B. a Merchant-Stranger enter upon C. the Heir of a Disseisor B. is made Denizen for seven years the Disseisee releases to A. who makes a Lease for years rendring Rent upon condition to re-enter for non-payment the Heir releases to B. the Land is extended for the Debt of A. B. is non solvent the extender enters for non-payment B. keeps his House seven years pass Office is found A. dies B. is a Bankrupt within this Division and the Land shall be sold subject to the Lease but not to the Extent 7. A Lord hath the Goods of Outlaws within his Mannor and M. his Tenant who was born in Gernsey is a Meal-man and outlawed and for redemption of his Goods enters into an Obligation to the Lord to pay 100 li. B. recovers 10 li. against him for Battery the Lord leases to him a Wind-mill M. reverses the Outlawry and being in Debt to a Scotch-man an Irish man and a Dutch man for Corn before his day of payment ceases to be a Meal-man and becomes a Miller and being non-solvent keeps himself in the Mill. He is a Bankrupt within the Statute but the Debts are not remedied by this Statute 8. An Accountant to the King hath a Seigniory and dies his Son being a Merchant and born upon the River of Canada releases to the Tenant all the services for the life of the Tenant who dies without Heir a Stranger abates the Son being non solvent goes to Barmudas a Commission is awarded for the King upon the Statute of 39 Eliz. cap. 7. and another Commission is upon the Statute of Bankrupts the Commissioners for the King sell the Tenancy to A. the Commissioners of Bankrupts sell the Seigniory to B. The Son is a Bankrupt within this Statute and B. shall recover the Land against the abator by Writ of Escheat 9. A. makes a Lease of years to B. a Merchant-Stranger Denizen of Ireland upon condition to have for life if he pay 10 li. at M. and to have in fee if he repair a High-way before Christmas rendring Rent upon condition to re-enter for non-payment the first condition is performed B. being non-solvent returns to Ireland and there stays in his House the Rent is due at the Feast of All Saints and is demanded and Arrear B. performs the second condition B. is a Denizen within the intent of this Statute but the King shall have the Land during his life Vpon the Second Division The Points of the First Case 1. IF one may release to one to the use of another 2. Two Disseisors are and they intermarry and the Disseisee releases to the Husband to the use of the Wife in tail where the Fee-simple is 3. If Marriage of a poor Maid be a good consideration to raise an use to the Maid or to A. 4. Lands are given to a Feme Covert and to her Heirs Females in tail she takes Husband hath Issue a Son and a Daughter if the Husband shall be Tenant by the Courtesie 5. If the Issue in tail in the life of Tenant by the Courtesie makes a present Lease if this shall be good against the Issue of the Issue after the death of Tenant by the Courtesie Points upon the Statute 1. IF a Feme Covert sole Merchant be within the Statute 2. If the Husband of such a Feme by her Bankrupting shall be also a Bankrupt 3. If the Outlawry of the Husband for the Wives debt shall make the one or the other or both Bankrupts 4. If the Lands or Goods of the Husband shall be sold for the Debts of the Wife 5. If the inheritance of the Wife shall be sold 6. If one born upon the Coast of Flanders is born out or within the King's Dominions 7. If one born in the Port of Diep is born within the King's Dominions 8. If the Wife of an Alien sole Merchant be within the Statute 9. If a Wife Alien and the Husband English be within the Statute 10. If the Estate of Tenant in tail a Bankrupt shall be sold 11. If by Entry of the
account with him and he will say that by their means he ought not to lose his election and benefit of the Lease The first Case of the second Division A and B. Disseise C. who in consideration that A. at his request had married a poor Maid releases to A. and his Heirs to the use of B. and his Heirs Females of his Body they have issue a Son and a Daughter B. dies the Daughter makes a Lease to M. for one and twenty years rendring the ancient Rent and dies having issue E. a sole Merchant born upon the coasts of Flanders and married to F. a Citizen of London born in the Port of Diep A. grants the reversion to F. who is outlawed for the debt of his Wife and A. dies M. enters The Wife is a Bankrupt and the Land shall be sold charged with the Lease to M. Points upon the second Case of the second Division 1. TEnant in Gavelkind of a House purchases Estovers out of Land in Borough English to be spent in the House he dies his Brother makes partition if the Estovers shall descend all to the elder or shall be divided or if by the division of the Land they are extinct 2. Two Brothers in Gavelkind the one is executed for Felony if the Custom the Father to the Bough c. holdeth place between Brothers as between the Father and the Son 3. If one born in Virginia is a Subject born 4. If the exchanging of Gold for Silver which is an unlawful act is buying and selling within the Statute 5. If a Debt recovered by Information by an Informer makes the Informer to be a Creditor 6. If remaining in Execution six months at the Sute of the King makes him a Bankrupt Vpon the third Case 1. A Feoffment to two and they intermarry the Livery is made if the marriage interrupts the Livery 2. If the Lessee is remitted when he enters only to make Livery 3. A Feoffment to B. and a Feme an Alien how they shall take and what part the King shall have 4. If one naturalized is within the Statute 5. If a Church-Warden a Bankrupt keeps the Church if that be a keeping of his House or taking Sanctuary within this Statute The third Division 1. WHat shall be said a Departing of the Realm 2. A beginning to keep his House 3. An absenting himself 4. Taking of Sanctuary 5. A suffering himself willingly to be Arrested 6. A suffering himself to be Outlawed 7. A yielding himself to Prison 8. A departing from his Dwelling House A Grantee of a next avoidance presents A. by parol to a Benefice of 5 li. value per Annum he is instituted B. a Merchant and Farmer in Ireland and indebted by agreement with the Grantor and the Ordinary pays 10 li. to the poor and is made a Minister and presented A. dies B. is instituted and inducted and after is inducted to another Benefice and recovers glebe to the first of 20 li. value per Annum he renders himself to the Prison of the Admiral for Trespass in Ireland the Parishioners detain their Tithes the Grantee presents to the first Benefice and his Clerk is instituted The Incumbent is a Bankrupt within this Division and the Assignee of the Commissioners shall have Debt upon the Statute for the Tythes and the Farm in Ireland 3. Points upon the Statute of 31 Eliz. cap. 6. 1. IF a presentation in consideration that the Presentee gave money to the poor is Simony 2. If the Ordinary's makeing a Minister in consideon that he gave money to the poor makes the Benefice void immediately after his Induction 3. If the Parishioners may refuse to pay their Tythes to a Simonist One Point upon the Statute of 21 H. 8. cap. 13. of Pluralities ONe hath a Benefice of 5 li. value accepts a Benefice of 10 li. value and afterwards recovers Land to the first of 20 li. value per Annum whether this makes the first void by the Statute Three Points at Common Law 1. IF a Presentation by parol be good 2. One hath the next avoidance and presents and his Clerk is instituted and dies before induction if his turn be served 3. One Presents and his Clerk is instituted and before induction another presents the first Presentee dies the second is instituted if good Points upon the Statute de Bankrupts 1. IF a Merchant turning Priest and then become non solvent of his former debt be a Bankrupt within these words Using or exercising the Trade of Merchandizes 2. Whether lying in Prison in the Admirals Court for a Cause whereof they have no Jurisdiction be a yielding of himself to Prison and if they have Jurisdiction 3. Whether Creditors of Ireland may sue here that is whether a man may be Bankrupt here for Debts in Ireland 4. Whether Debts given by Statute for Tythes be liable to his Debts A Statute giving an Action of Debt this Debt may be transferred 5. Whether Goods in Ireland may be sold by Commissioners here 1. Grantee of a next avoidance presents A. by parol to a Benefice of 5 li. value and the Clerk is instituted The reason as it seems why one cannot present by parol is quia as Linwood saith Laieus potest variare and then if he name one one day c. dif qt Clericus laicus â—resentat Again it may be said that it is an Authority given to the Ordinary and Authority ought to be by Writing and so all things not manurable as to be Attorney grt of Rents Advowsans and Reversions But to this the Divines say they receive the Authority from the Parent but as they do confess that for Tythes Testaments and Marriages they had of the gift of the Laity so the Laymen have the nomination c. from them for before Churches were indowed with Lands c. But I intend this no question our Books are direct that an Infant may present So is 8 E. 2. Fitz. praes 10. If Gaurdian by nurture present it must be in the Infants name 27 E. 3. fol. 89. The reason is for he shall be Gardian of nothing but for that which he may account 26 H. 6. Grts. 12. One may present by a Letter Missive 19 E. 3. qua imp 60. For direct authority by Husey quod fuit concess the King may present by parol But Merchant of Ireland and indebted agrees with Patron and Ordinary that for 10 l. given to the Poor the one shall present him and the other make him Minister and here rises two of my Questions upon this Statute of 31 Eliz. The Statute names not Simony but saith if any for Money Gift Reward or Profit directly or indirectly c. whether giving 10 li. to the Poor to be presented be Simony 2. M. Justice D. and others that have read here before me do vary all agree that to do charitable acts as to build a Bridge marry a poor Maid preach three times a Week to teach a School is Simony But to give to the Poor
Gavelkind without Issue by the Custome there Reppes Case the Child was ripped out of his Mothers Belly and so after the death of the Feme the Baron could not be Tenant by the Courtesie But this Question rises upon the Case put in Pains Case Lands are given to a Feme and her Heirs Males and she hath Issue a Daughter and dies the Husband shall not be Tenant by the Courtesie for although a Man shall be Tenant by the Courtesie notwithstanding the Estate tail be spent yet his Estate must begin by an Heir heritable to the Estate Here in our Case the Son was the Heir and by him the Father would have been Tenant by the Courtesie to all other his Wifes Lands but not to this But although a Female cannot be Heir that hath a Brother yet since the Statute of Donis and by the Equity of that a Daughter may be Heir by Cook in Shelley's Case notwithstanding that he had also a Son fol. 103. and so here he may be Tenant by the Courtesie for this Land by the Daughter and of other Land by the Son if the Wife had been Tenant in tail of other Lands to her and her Heirs Males 5. Tenant by the Courtesie is and Tenant in tail in reversion makes a lease to commence presently hath Issue and dies Tenant by the Courtesie dies if his Issue shall avoid the Lease This Question is grounded upon the words of the Statute of 32 H. 8. which gives power to Tenant iâ— tail to make Leases Provided always that this Act c. shall not extend to any Leases to be made of any Mannors c. being in the hands of any Farmer or Farmers by vertue of any old Lease unless the same old Lease be expired surrendred or ended within one year after the making of the new Lease and upon this Clause hath risen many Questions as Tenant in tail makes a Lease for Forty years not warranted and Ten years after makes a Lease for Twenty One years to another warranted Within a year Tenant for Forty years surrenders Tenant in Dower surrenders to the Issue in tail upon condition Tenant in tail makes a Lease c. Tenant in Dower enters for the condition and dies and Tenant in tail dies if the Issue may enter Tenant in tail makes a good Lease for One and Twenty years Tenant for years surrenders upon condition Tenant in tail makes another Lease for One and Twenty years or three lives the first Tenant in tail enters for the condition broken By Philips the second Lease is good Cook contra in Elmers Case lib. 5. And my Question is whether Tenant by the Courtesie be within those words Farmers c. and he is not Foster in his Reading upon this Statute vouched one Richards Case That Tenant by the Courtesie was no such Farmer Points upon the Statute 1. IF a Feme Covert sole Merchant by the Custom of London shall be within the first Branch or Division of this Statute which is using the Trade of Merchandizing or getting their living by c. she is That there is such a Custom in London and mentioned and allowed in our Books Custom Br. 43. Ley Br. 74. 1 E 4. fol. 6. An Action being brought in C. B. for ones Board in London he would wage his Law not And the difference put between Customs which go with the Lands as Gavelkind Borough English c. and Customs of Courts good within the Town but not here but a recovery by such Custom may well be pleaded here in this Case Littleton Billing saith A Feme Covert sole Merchant by the Custom of London shall be impleaded sole here 35 H. 6. fol. 28. The Question was Whether the property of the Kings Jewells could be altered or forfeited because they were pawned and forfeited in London By Needham in the Exchequer Chamber upon an Information Custom Brook 5. and Pledges 28. 21 H. 7.17 Departure Brook 10. in case of a Departure because he had intituled himself by a new matter that is by a Custom which he might have pleaded 9 E. 4.35 A Feme removed by Habeas Corpus objected by Pigot that she and her Husband were both arrested for the Femes debt because a sole Merchant and prayed that she might be remanded for they have no remedy here this had been allowed and granted to him had not the Woman come in charged with a Reddidit So upon an Exigent The Customs of London have been confirmed by Parliament 1 E. 37. R. 2. and admit that she could not be sole sued here as in the Courts of London yet if a Contract made by her shall bind the Husband by the Custom the Husband shall be sued here and it shall be said the Contract of the Husband as 21 H. 7. 2. The Husband shall be bound by the Contract of his Wife if he command before or agree after and it shall be accounted his folly to suffer his Wife and so they be both Bankrupts To put cases how the Husband shall be prejudiced by the Act of his Wife 49 E. 3.25 The Husband shall not be charged with the debt of the Wife which she owed before marriage after her death but if an Action during the Coverture were brought against the Baron and Feme and Judgment were had against them and she dies the Husband shall be charged 20 H. 6.22 If the Wife buy any thing by the Husbands commandment or that by his allowance comes to his use he shall be charged 9 E. 4.24 Debt against Baron and Feme the Baron appeareth the Feme makes default the default of the Wife is the default of the Husband Nat. Brevium 120. G. A man shall be charged by the Contract of his Servant or his Wife if he gives them Authority otherwise not 12 H. 7.24 The Baron shall pay Mony in the Spiritual-Court which was charged for corporal punishment of the Wife for a slander And so it is at our Law for all Slanders and Batteries as we see every day 20 H. 7. Kello 61. A Feme Disseisor takes Husband who occupies the Land without notice or cognizance of the Husband yet he shall pay damages I conclude her Merchandizes are his by the Common Law and by the Custom 3. For all the Reasons aforesaid the Outlawry of the Husband shall make him a Bankrupt by the Statute and shall make the Wife a Bankrupt by the Custom and the Statute Which is plain against all using Trade of Merchandizing and getting their living by Buying and Selling and that if he be non solvent as he must needs be by his Outlawry then she must be non solvent but whether the Creditors by the Commission shall have the Goods or the King by his Outlawry That is a Question that comes not within the compass of this Case but I shall move that some other time 4. But I put the Husband to be dead before the Commission and whether his Goods or Lands shall be sold afterwards is a Question but
to Prison within the Statute The Admirals Jurisdiction is limitted by the Statute of 13 R. 2. cap. 5. that they shall not meddle with things done within the Realm scil this Realm 15 R. 2. cap. 3. de South les points 2 H. 4. cap. 11. gives an aection and double damages There was a Case in the Common Pleas. I take it the Admiral hath no Jurisdiction to hold Plea of a thing done upon the Land in Ireland for he is Admiral both of England and Ireland so the King hath his Justices there for to give justice for trespasses and offences there done first for that these Statutes are in force in Ireland as all other are which were made before 1 H. 7. And a Prohibition will lie here in the Kings Bench if they hold Plea of a thing whereof they have no jurisdiction although they cannot hold Plea thereof themselves as we see in the Orphans Case in Coke li. 5. and these Courts ought to respect them of Ireland as subordinate to them for 34 Assises Errors here upon a Judgment there 31 H. 8. Bro. Prohibition 17. A Prohibition lies against the Admiral when he supposeth a thing to be done upon the Sea which was done upon the Land 8. The Parishioners detain their Tythes The Question is A man is presented by Simony the Statute is the Presentation the Institution and Induction are all void But it is to give title to the King to present But to the Parishioner he is dominus pro tempore as if he had been meer laicus yet Sacraments ministred by him are of force The Church and the Minister are compared to the Husband and Wife A woman is married to one Husband and in facie Ecclesice she is afterwards married to another as the Priest is actually in facie of the Country inducted 17 Ass 32 H. 6. The Feme with her second Husband levy a Fine none can avoid this Fine but the right Husband no more can any displace the Simonist but the King And a Prohibition hath been awarded against a Parson supposing he was a Simonist and upon advice and consultation the Parson Closes B. ver Simony in the Exchequer another presented by the King and yet all one for the mean profits 9. The Grantee presents to the first Benefice question whether I grant one Primam advocationem proximam he presents and his Clerk is instituted and dies before induction whether his turn be served It is 38 E. 3.36.6 vide lib. 10. That Commissioners here may sell a Bankrupts Goods in Ireland and Irishmen may sue the Commission 11. The first is within the express words of the Law scil being also a Subject born The second is proved by the Case of the Merchants of Waterford 2 R. 3.11 An Act of Parliament in England shall not bind men of Ireland for their Lands but for things transitory it shall as the Case was there for shipping of Wools from Waterford to carry to other places than Callis Also a man attainted here of Felony or Treason shall lose his Lands in Ireland My Lord of Essex and Ororkes Case 12. An action of debt upon the Statute by the Statute of primo Jac. which gives not only all things in Action but also gives an Action to the Assignee in his own name but he must declare specially 1. A. makes a Lease of a Rectory to the King for another mans life and grants the reversion to B. a Merchant to the use of B. and C. the King grants his Estate to D. E. enters and marries with the Merchant C. dies D. releases to B. who being non solvent keeps his House the Tythes are sequestred for not repairing of the Quire the Creditors grant a Letter of License to B. for six months E. dies D. enters he for whose life dies B. renders himself to Prison for a Fine assessed before the High Commissioners six months past B. Is a Bankrupt within this division and the Moiety of the Rectory shall be sold and all the goods sequestred 1. The King tenant pur auter vie the lessor grants the reversion if good without Atturnment It is good 2. A grants to B. to the use of him and C. if they are Jointenants or Tenants in Common they are Tenants in Common 3. Tenant for life is disseised by a Feme sole she marries him in the reversion the disseisee releases to the Husband it is good to extinguish his right 4. What is wrought by the occupancy nothing 1. If a Bankrupt procures a Letter of License for six months and within the time is a Bankrupt again if he shall be a Bankrupt ab initio He shall be 2. If Imprisonment by the High Commissioners is within the Statute It is 3. If the Goods of a Bankrupt sequestred shall be sold They shall 2. A. Devises 20 l. to B. and C. and 200 Acres of Land to D. and E. his Executors D. proves the Will E. wastes the assets and dies D. a Merchant makes a Feoffment of 99 Acres to F. D. is non solvent and outlawed in Ireland B. and C. joyn with the Creditors in suing a Commission D. Is a Bankrupt within this Division and 101. Acres shall be sold and B. and C. shall be relieved 3. Tenant of the King makes a gift in tail and dies having issue two Daughters within age the Donee makes a Feoffment to Coparceners office is found and the Land being seised for the King he grants it to H. a Merchant as long as it shall be in our hands H. marries the younger and is non solvent and suffers himself to be arrested at the sute of a Son born the other Daughter dies H. confesseth the action and is imprisoned in execution for the damages the Commissioners sell the Interest of H. All this is found by another office H. Is a Bankrupt within this Division and the Vendee shall have an Ouster le main 1. Discontinuee makes a Feoffment to issues in tail within age if they are remitted for they are not Tenants in Common but Jointenants 2. Tenant of the King makes a gift in tail and dies his Heir within age the Discontinuee infeoffs the Infant if he shall be in Ward because a Purchasor notwithstanding the Remitter 3. Tenant in tail discontinues hath issue a Daughter within age and his Wife with Child with a Son and dies the Discontinuee infeoffs the Daughter the Son is born if he shall have the benefit of Remitter 4. If the Interest of the King by an office shall be devested by another office without Petition or monstrance de droit 5. If a Merchant being a Discontinuee confess an action of trespass at the sute of the issue in tail and is taken in execution if it make him a Bankrupt 4. Grantee of a next avoidance presents A. by parol to a Benefice of 5 l. value per Annum he is Instituted B. a Merchant and Farmer in Ireland and Indebted there by agreement with the Grantor pays 10 l. to the
the Lord and a stranger the Lord disagrees the stranger shall have all 20 E. 4. Fitz. Nuper obiit 14. If the Defendant in a Nuper obiit disclaim in the Blood the other Coparcener shall have all by descent and a Mordancester of all 22 H. 6.44 A Precipe against two if one disclaim all vests in the other So here in as much as the use passed by the contract if one of them will waive that contract and take himself to another bargain then the first contract will stand good for all to the other and the Inrollment for all shall relate to the use of the other and shall be paramount to the fine and destroy the Conveyance by the fine as it is in Pophams Case 5 Eliz. 2. But then comes in the next question this fine was but of part of the thing bargained and sold and therefore it will not destroy the contract for all but only for part that is for a Moiety of the services I take it that this contract being entire being destroyed in part is void for all Qui partem individui facit nihil facit I will example it with other Cases 34 H. 6.21 It is a good plea in an action of debt for rent that the Lessor entered before the day of payment for the contract was entire and therefore the rent not apportionable 22 Ass 53. Lease for life rendring rent for Land part in Franchises and part in Guildable in an Assise brought at Common Law for the rent Conizance shall not be granted for the rent is entire and the Kings Court shall be preferred contrary to Thorp as it is in 46 E. 3.8 But if the Land is in question conizance shall be granted for so much as lies in Franchises 9 E. 4.1 One is to lease a Chamber and find the Lessee his board for 6 s. a Week in an Action of Debt for the Money non demisit cameram is a good Plea for destroy the contract in part it is destroyed in all for it is entire 30 H. 8 Litle Broke I sell my Horse and another man 's for 20 l. to be paid at a day to come and before the day the other man recovers his Horse against the Vendee yet the Vendor shall have an action for all the money So here the Consideration of the money raises the use that 's an entire Sum and if you will have that the Demeasnes shall pass by the contract for the use and the services or part of the services shall pass by the grant what a confusion would that be and how much of the Consideration went for the one and what for the other I might that way maintain my conclusion that the whole Mannor passes to D. 9 E. 4. Choke A Mannor consists of Demeasnes and Services sever them and the Mannor is destroyed and in Sr. Rol. Heiwards Case none shall take by fraction of Estates 3. The third question being that the Husband purchases Lands by Bargain and Sale to him and his Wife and before the Deed is inrolled the Husband takes a Fine or a Feoffment of the Land to him and his heirs and then the Deed is inrolled what shall the Wife have and I say as I said she shall have nothing 3 H. 7.9 It is plain that if Lands be conveyed to a Feme Covert if her Husband disagree the Feofment made to her is made void and it shall return to the Feoffer But if a Feofment be made to I. S. and a Feme Covert and her Husband disagrees all vests in I. S. Rutland's Case li. 5. Cook is that the Husband by Indenture limits Lands to the use of his Wife but before the fine levyed by other Indentures he limited the same to other uses so in that case before the assurance is perfected the Husband by whose means and bargain making this use was to rise to the Wife before this Assurance finished makes a new bargain for himself and the Wife if he disagree can take nothing Kenn's C. Cook lib. 7. It is the Husband hath the power to contract for the use although it be of the Wives Lands 4. The next matter that I intend a question upon the Statute of Inrollments is supposing this Land is held in Capite Lands held in Capite are bargained and sold to a man and before the deed is inrolled the Bargainee dies his heir within age whether here be such a dying seised and a descent as his Son shall be in ward and I think it is There be divers Cases where the heir shall be in ward and yet the Ancestour dyed not seised 48 E. 3.8 If there be Lord and Tenant and the Tenant is disseised and dies his heirs within age the Lord may seise c. 20 H. 6. Tenant in tail aliens and dies his heir within age his heir shall be in Ward to the Donor 33 H. 6.5 Tenant for life the remainder in fee he in remainder dies his heir shall not be in ward for the remainder but if the Tenant for life die then by matter ex post facto he shall be 11 H. 4.61 By Hank and Norton If the heir recover in a writ of ayel on Cocinage he shall be in Ward If the Father lose by error or false verdict If the Son reverse the Judgment by error or attaint he shall be in ward If the Father recover and dies before entry or execution and the Son sue execution he shall be in guard Points upon the Statute Swinburn Fol. 175. I will that my villain be manumitted when my Son comes to age my Son dies before the age the villain shall be at Liberty when the Son would have been of age D. Enters and manumits a villain The Question is a man hath a Mannor to which be villains regardant he becomes a Bankrupt manumits the the villain Commission is agarded if the Commissioners may sell the villain and I have concluded they cannot For the villain being once at liberty in this case is infranchised for ever I grant that in divers cases a villain may be infranchised pro tempore and yet be a villain again 13 E. 4.2 As if Tenant in tail will enfeof his villain of the Mannor the issue shall have a Formedon and reduce both the Mannor and the villain 33 H. 6.13 Enfranchment by Tenant for years or for life is good but for their time And it is much controverted whether if a nieff marry a Freeman she be not for ever enfranchised Old Nat. Brevi fol. 6. If her Husband die she shall be a nieff again 33 E. 3. Statham Vil. She shall be neiff again even to her own Son when her Lord and Husband dies But as the Law saith there is nothing more respected than life and liberty So I am of opinion and I have authority for it that if she be once married either to her Lord or another Freeman she is at liberty for ever 31 E. 1. Fitz. vill 46. It is first questioned and some there are of