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city_n house_n king_n lord_n 6,100 4 3.9503 3 false
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A55452 Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke. Popham, John, Sir, 1531?-1607.; England and Wales. Court of King's Bench.; England and Wales. Court of Star Chamber. 1656 (1656) Wing P2942; ESTC R22432 293,829 228

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this Thomas Plain was seised in his Demesne as of Fee of a Messuage in S. and so seised did let it to the Defendant for divers years yet to come rendring Rent payable at four usuall Feasts of the year the Lessee entred accordingly after which the said Plain by Bargain and Sale enrolled conveyed the Reversion therof to the said Humble and his Heirs and before the Feast of the Annunciation of our Lady 35 Eliz. to wit the 1. day of February in the same year the said Oliver assigned over his whole Term to one Southmead who before the same Feast entred accordingly and for the Rent due at the Feast the Annunciation of our Lady the Plaintiff brought this Action And it was agreed by the whole Court that the Action would not lie against him for although Plain if he had not aliened the Reversion over might have had this Action against the said Oliver notwithstanding that he had assigned over his Term before for the privity of contract which was between them in as much as they were parties to it of either part yet the Grantee of the Reversion shall not have advantage of the privity he being a meer stranger to the Contract and now was but privy in Law by the Bargain and therfore now he hath no remedy but against him who had the Estate at the time when the Rent hapned to be due and this is Southmead and not Oliver The Roll of this case is in the Kings Bench Hill 36. Eliz. Rot. 420. Mich. 36 37 Eliz. In the Kings Bench. Button versus Wrightman 1. IN an Ejectione firmae between John Bu●ton Plaintiff and Etheldred Wrightman Widow and other Defendants for a House and certain Lands in Harrow The Case upon a speciall Verdict was this The Dean and Chapter of Christs Church in Oxford were incorporated by K. H. 8 by his Letters Patents dated 4. Novemb. 38 H. 8. by the name of the Dean and Chapter of the Cathedrall Church of Christ c. Oxford of the Foundation of King Henry the 8th and so to be called for ever after which the said Dean and Chapter was seised in their Demesne as of Fee of the said House and Land and so being seised by the name of the Dean and Chapter Ecclesiae Cathedralis Christi in Accademia Oxon. ex fundatione Reg. H. 8. enfeoffed Edward late Lord North therof by their Deed hearing date the 21. day of April 1. E. 6. who afterwards dyed and the now Lord North entred and did let it to the Plaintiff who was ousted by the Defendant claiming the said House by a Lease made by the said Dean and Chapter in the time of Queen Elizabeth for divers years yet to come and whether his entry were lawfull or not was the question and all depends upon the mis-naming of the Corporation But it was found that the City of Oxford and the Vniversity of Oxford were all one and that the Town of Oxford was made a City by the Charter of King H. 8. And by Fennor the Feoffment made to Edward Lord North for the misnaming of the Corporation was void for he said that Accademia villa de Oxford are divers in name and divers in nature for the Vniversity is to the Schollars and learned men there and the Town for the Inhabitants and the name of a place is a principal thing in a Corporation which in a new Corporation ought to be precise according to the very Letter of the Charter therof And therfore in the case of Chester it was agreed that Cestria being omitted the Charter for the Dean and Chapter there had been void But by Popham Gawdy and Clench this is not such a mis-naming as to the place which shall make the Feoffment void for suppose it had been Decanus Capitalis Ecclesiae Cathedralis Christi in Civitate Oxon. it had been good for Oxon. Civitas Oxon. are one and the same So it is if an Hospitall be erected by the name of the Hospitall of S. Johns in S. Clements and they make a Grant by the name of the Hospitall of S. Johns in the Parish of S. Clements it is good for it appeareth to be the same And here if a man will say that it shall go to the Vniversity of Oxford this every one conceives to be the Town of Oxford and so of Cambridge and therfore in 8 H. 6. it was agreed to be a good addition for the place in an Action personall against such a one Chancellor of the Vniversity of Oxford and so it is against J. Rector of the Parish Church of Dale without any other addition for the place yet the Statute is that it ought to be named of what Town Hamlet or place the party is And by Popham the place in a Corporation may well be resembled to the Sur-name of a man and as a Grant made by any persons Christian name as John Thomas c is not good so in a Corporation it is not good to say Dean and Chapter Mayor and Comminalty and the like without saying of what place And anciently men took most commonly their Surnames from their places of habitation especially men of Estate and Artizans often took their names from their Arts but yet the Law is not so precise in the case of Sur-names and therfore a Grant made by or to John Son and Heir of I. C. or Filio juniori I. S. is good But for the Christian name this alwaies ought to be perfect So in the case of a Corporation it sufficeth to have a sufficient demonstration of the place where the Corporation is albeit it be not by the precise words comprised in the Charter as in naming Accademia Oxon. pro Villa Oxon and it is common of which I have seen divers Charters where a Town was incorporated by the name of Mayor and Comminalty of such a Town as Bristoll Exeter and others which afterwards have been made Cities and yet Charters made to them and Grants made by them by the name of Mayor and Comminalty of the City is good but more precisenesse is vsed in the body of the name of a Corporation before the place to which they are annexed and yet in them that which is but an ornament to the name comprehended in the Charter shall not hurt the Grant as of Chapiter of S. George of Windsor if it be of S. George the Martyr and the like the Grant by such a name is good because the Martyr is but an addition of Ornament to the name comprised in the Charter and it is no other but the same in re vera So here if it had been Domini nostri Jesu Christi because it is the same and is but an ornament to the word Christ comprised in the Charter and so should it be also if it had been Christi filii Dei Salvatoris nostri because it is but a true addition to the same wherupon Iudgment was given for the Plaintiff as appeareth in the Kings Bench Pas