Selected quad for the lemma: daughter_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
daughter_n	issue_n	king_n	marry_v	16,692	5	9.1675	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90794	An exact abridgment in English, of The commentaries, or reports of the learned and famous lawyer, Edmond Plowden, an apprentice of the common law. Concerning diverse cases and matters in law, and the arguments thereupon; in the times of the reignes of King Edward the Sixth, Queen Mary, King Philip, and Queen Mary, and Queen Elizabeth, with the exceptions to the pleadings, and answers thereunto; the resolutions of the matters in law, and all other principall matters arising upon the same. By F.H. of the Inner Temple London, Esq;	Plowden, Edmund, 1518-1585.; Hicks, Fabian.	1650 (1650)	Wing P2609A; Thomason E1297_1; ESTC R208982	174,168	307

naturall body so may he purchase As 34. H. 6.34 and by pleading there H. 6. seized in fee of an Advowson in gross conveyed it from H. 5. to him who granted it to the plantiff good without shewing in jure Coronae or how and there if the King hath Land parcel of the Crown and parcell by purchase and dies having a son and daughter by one venter and a son by another who enters and dies without issue the daughter shall have the Land purchased and the son the other So purchased Lands by the King shall go to the naturall body So 35. H. 6.28 by Moyle after fol. 247. Land in Gavel-kind given to the King and his heirs the eldest son being King shall not have all because it vests in his naturall body but perquisites of a villaine the King hath jure Coronae as 41. E. 3.21 if a Bishop who hath a villain in the right of his Church enter he shall hold it in his body politick and shall be in the right of his Church because the signiory was for a thing in respect or by reason of another shal be in the same degree and right as the principal was at the Common Law That an estate of inheritance viz. Fee-simple was by the Common Law before the Statute First absolute when a gift was made to a man and his Heirs Secondly conditional when to him and the Heirs of his body for that formedon in Reverter at the Common Law if the Donee dies without issue in Remainder not for a remainder cannot depend upon a Fee Conditional until this Statute and before this Statute the Donee might alien after issue had so bar the issue because they construed the having of issue to be a performance of the Condition which was implied in the words and in the intent of the Donee and after issue to be as an absolute Fee because he had such heirs which were limited But if before the Statute the Donee had issue he might alien and good then here 4 E. 3. and 30. E. 1. which was contrary to the will of the Donor for which the Statute was made and then Fines were of great regard yet by this Statute ipso jure sit nullus viz. as to the right issue or Donors the Kings prerogatives are great yet the Common Law so admeasures them that they take not away any of the inheritances of the subject and therefore the King shall pay Toll though not for things bought yet Toll Traverse he shall because it is for going over another Soil because it toucheth the inheritance to permit a way over his Soil without paying any thing 46. E. 3. 23. H. 3. 35. H. 6. 26 28 29. So for to wave a Demurrer or issue yet may not change one issue into another Term because then it would be infinite which should be to the disinheritance of another 13. E. 4.8 Statutes general made in preservation of inheritances or for the publick good binds the King without naming as W. 2. c. 5. of usurpations but by 35. H. 6. good is not so clear if an infant upon whom the King usurps hath by purchase as well as discent So Merton cap. 5. That ordains that the Kings Ward shall not pay usury viz. That the Rent shall not be doubled during the Nonage of the Heir and therefore in 35. H. 6.60 by Needham if the King gives land rendring Rent yearly at Easter and if he fail to pay at the day That he shall double the Rent the Grantee dies his Heir within age he shall not double the Rent against the King So Merton cap. 6. That a man shall make his Attorney for to follow his suit to the King if it be his Lord or at the Court of another he shall do it So the Statute of 5. H. 5. of additions L. 5. E. 4.32 of one Law which belongeth to a common person the King may not defend the Common right but that every one shall have advantage but every general Statute shall not bind the King without naming of him As Magna Charta cap. 12. Communia placita c. nor such which have an intent onely between subjects and to repress disorder between them those here which concerneth salvation of inheritance or publick utility of the Realm So the Statute of gifts Conditional binds the King because by Justice and Act of Parliament the King hath submitted his will to the Donor The King as Walsh saith hath in him First power to do Secondly Justice to enforce him to do it this is as to others Thirdly Mercie to stay him from doing this is of things touching himself And because after this Statute the King may not say that the estate is Fee-simple Conditional as it was before the Act the case of the Tenant in Tail attainted of Treason was alleadged in proof of it 37. H. 8.7 7. H. 4.32 which proves that the King shall be bound by the said Statute So by 26. H. 8. cap. 13. because it is some estate of inheritance also the Tenant of the King in Capite gives in Tail Tenendum de capitali domino the King shall not have Wardship of the issue in Tail 4. H. 6.19 because it is not now Fee Conditional as before the Statute and therefore he is not immediate Tenant to the King 4. H. 7.16 The King may receive the Services of the Donor by his hands 27. H. 8.26 after fol 249. the King may take the Donor or the Tenant in Tail for his Tenant before Licence or after but once chosen shall not resort Also 8. H. 4.9 Tenant in Tail of a Signioty aliens it in Mortmain for default the Signiory revolts to the King the King seises the Land after escheat the issue in Tail hath the land by petition against the King and therefore is not Fee-Conditionall as to the King but binds the King although in these cases the King claims in the right of the Crown yet here it is very remote from the prerogative because here it remains vested in the natural body of H. 7. For the Plaintiff it was said That the Prerogative of the natural body of the King because of the union of the politick as the attainder of H. 7. discharge ipso facto as soon as he came to the Crown 1. H. 7.4 So R. 3. being Feoffee to uses when he was King the use was gone because the King in his body politique may not be seised to an use of another 5. E. 4.7 and therefore it was enacted 1. R. 3. cap. 5. Rastal Uses 3. That the Land should be in Fee to him to whom the Use was 43 E. 3.22 Franchises extinct by purchase of the King yet to him and his Heirs of a Mannor to which they were appendant So the King in his natural body and another purchase or if the purchase is before that he is King they are not Joint-Tenants but Tenants in common Fitz-nabr f. 32. G. because no body politick may hold in Joincture So 44. E.

which ought to pay it 13. E. 4.6 The Title of the King appeareth yet he is not party the Court of Office shall adjudge for him Stamford cap. 29. fol. 96. Fitzh nat br 38. E. 31. 6. H. 7.12 and 11. H. 4.71 by customes the custom of London to retain a pledge cujuscunque fuerit until he pays binds not the King 35. H. 6.35 nonsale in market overt 35. H. 6.28 and Doctor and Student 40. nor Wreck Waise nor Stray binds not the King 35. H. 6.26 27. Custom that all distresses taken within his Mannor shall be impounded there binds not the King 21. E. 3 4. by Statutes which binds not the King where he is not named yet he shall take advantage of them As of the Stat of Waste of 9. R. 2. c. 3. of Error and attaint by him in reversion upon a recovery against Tenant for life And of W. 2. c. 7. fol. 140. If the King as Heir to his mother brings asur cui in vita the Plea shall not be delayed by the Nonage of the Heir the King not named is not restrained by Magna Charta cap. 10. upon which the Ne injuste vexes is founded for to avoid incroachment That if the King incroach more then he ought he hath no other remedy then by Petition The King bringeth a Quare impedit in the Common Pleas good notwithstanding Magna Charta quod communia placita c. 31. E. 3.18 E. 3.22 before fol. 240. Plenarty no Plea against the King 43. E. 3.14 Non obstante W. 2. cap. 5.32 H. 8. cap. 2. Of Limitations binds not the King The King may not suffer a Common Recovery for to Dock the Tail as a common person may because no precipe or Covenant lieth against him 12. H 7.12 by Constable So the King shall be in a worse condition then a subject or common person to bar the issue Anthony Brown Justice The name of King drowns the Sir-name of the King and includes it and his proper name also and this word of substance by it self may not be omitted in purchases Pattents or Writs Land given to Henry the seventh omitting King giveth nothing to him omitting his name of Baptism So a gift by him by these words in the Pattent Rex concessit That the name Politick of the King includes his natural name and when this name is conjoyned to his natural person it altereth the quality and degree of the person natural in the estimation of the Law So if that he be within age he shall be adjudged of full age and his attainder frustrate when he is King that the greater removes the Imperfection of the Lesser before fol. 138. the body politick hath the preheminence of the natural body as Land given to the King by the name of Baptism and of King also as to Henry the King and to his Heirs this shall go in succession as the Crown and if he dieth without issue the Heir of the part of his mother which hath the Crown shall have the Land also because this name King being the greater shall have the greater preheminence in the purchase and shall draw the land with him So that his brother of the half bloud being King shall have it yet here the King shall take in such body and in such estate and condition as the Donor limits and not otherwise So if a Gift had been made before the Statute to the King and the Heirs of his Body he had taken Fee Conditional as another Common person That if he dies without issue the Donor should enter without Office And if the King before the Stat. giveth to one and his Heirs of his body there the King shall not have the Reversion more then a Common person should have and there his Donee might alien after issue because the person of the King shall not rule the estate of the land but on the contrary for to make Remitter right and possession ought to discend to one person simul and semel 19. H. 6.59.58 and 45. before the Statute after Issue the Donee might do all acts of a full Fee because then he had full Fee and inheritance and not before 5 6 7 and 8. E. 3. And the words in the Statute hath given prius facia non extenditur intends not the Donees made by the Donors before the Statute but of alienations made by the Donees before the Statute and lawfully and after issue as a Lease for life and release of Tenant in Tail before the Statute good and barred the issue in Formedon after the Statute because it was not voidable neither before nor after the Act if it was according to the power that the Common Law permitted to them 44. E. 3. But the Statute extends as to Alienations after the Statute where the Gift was before So as to the Alienation before the Statute if it were not lawfull as a woman Tenant in Tail taketh Husband having issue they alien before the Statute the issue shall have a Formedon after the Statute that is a discontinuance to the wife because Covert and when she dies a right discends to the issue but if they have aliened by Fine it is good and bars the issue because there it is duly made in respect that she is examined 4. E. 2.12 H. 4.7 before the Statute the King might not Alien before issue had as a Common person might not because the King could not do wrong and his Prerogative could not alter his estate yet the person of the King might alter the course of the thing as purchase of the King shall discend to the eldest daughter onely but if land discend to the King another or Gavel kind to him and his brother the King shall have but the Moity but this Moity shall discend to his eldest Son onely because the quality of the person may alter the discent not the estate be it Fee or Tail So that the estate shall be in the King as in another before fol. 234. and before issue had the Donee could not alien after issue he might and this mischief and other Acts of the Donee the Common Law permitted to Bar issues and the Donor until remedied by the Statute So the Common Law permits other wrongs as Lessee to make waste So if one Joynt-Tenant takes all the profits of the land the other is without remedy at the Common Law Doctor and Student fol. 32. So if the King kill a man So disinheriting of another as here post prolem is a wrong suffered by the Common Law which otherwise the issue should have had and if the issue had not issue then the Donor before the Statute the Donor had not a Reversion yet the land reverted to him as land escheated to the Lord neither had he a Reversion after the Statute of W. 2. c. 1. Yet no word in the Act divides the Statute but the Construction of the Statute ex consequenti divides the estate for to execute the will of the Donor by the intent of

woad that he may do his pleasure then the King shall have an action upon the agreement and if he doth not weigh it is the folly of the Collector Griffith the Kings Sollicitor Agreement or concord executed with satisfaction in deed or with accord or means for recovery of recompence is a good bar in Trespass Executory is not howbeit it is the mutual assent of the parties because it giveth neither recompence action nor remedy whereby to obtain recompence and therefore it is not but a void communication and nudum pactum as in 20. H. 6. In Trespass the Defendant pleads concord between them That he shall pay 20. s. to the Plantiff at a day to come it is not a bar because it is not satisfaction nor recompence for it because he shall not have debt after the day so 9. E. 4.19 in Trepsass upon 5. R. 2. Defendant pleads accord That the Plantiff should re-enter and have the land and that the Defendant deliver to the Plantiff all the Evidences concerning the land and said that the Plantiff had entred and that he had delivered all the evidences unto him It is no bar for it intends the proper evidences of the Plantiff and so no satisfaction of the wrong but if it conveys to him Title to the evidence then it is a good bar so in 15. H. 6. in Trespass against him by the Plantiff he pleads That they agree that if the Defendant doth his endeavor for to agree them for a Trespass by the Plantiff to S. That then c. and saith That he did his endeavor so that they are accorded it is no plea because no satisfaction but if he saith That he hath accorded them at his own costs it is a good bar Gawdy the elder for the Defendant Arbitrement which is Executory 9. E. 4.51 Fitz. H. 4. Br. 3. accord is a good bar in Trespass because he may have debt at the day appointed for the payment of the summ agreed to be paid in recompence and so the Trespass is converted into another thing viz. Debt by the Arbitrators which are judges of it and so accord countervails satisfaction in facto otherwise it is of a concord executory 6. H. 7.11 because the pleading of the concord confesseth a wrong and it is not reason that the Plantiff in an action thereupon should be barred without satisfaction And so shall the King be satisfied here Also in concord the wrong to be recompenced precede the agreement but here the agreement precedes the wrong supposed and cometh not after the wrong as in concord and therefore this case may not be resembled to the case before of accord Incertaintie at the beginning which may be reduced to certaintie by matter ex post facto countervaileth certaintie ab initio as a man leaseth all his Acres in D. paying for every one 12. d. it is a good reservation because when the Acres are measured the Rent shall be certain so a gift of two Acres of the one for Life and of the other in Fee by the Feoffment of the one he shall have Fee in this ab initio so Lessee of white-acre and Black-acre for life the remainder of the one in Fee to a stranger and the Lessor licences him for to cut Trees in White-acre now he shall be adjudged to have the remainder of this Acre ab initio so the thing which at the commencement was incertain is made certain So in Wheelers case 14. H. 8.17 So a Lease for so many years as I. S. shall name is good when he shall name the years So 17. E. 4.1 A. bargains that B. shall have his wheat when he hath viewed it if he please paying 4. s. the Acre good contract if he paies when he carrieth it away yet the quantity and summ incertain at the first so here when the Collector hath weighed the woad And therefore this conditional agreement doth countervail an agreement certain at the beginning And where acts ought to be performed strictly yet in divers cases the performance of the intent and not the words good for it countervaileth the performance of the words So here But performance of the words and not of the intent is not good as Lit. fol. 182. of conditions upon a Feoffment for to give again to I. S. and his wife in special Tail and they die and the Feoffees make an estate to their issue and the heirs of his father and mother good because the intent of the condition is performed So 17. E. 4.3 Obligation upon condition to infeoff I. S. and he Lease for years and Release in Fee it is a good performance and a good Feoffment and yet the words of a condition shall be performed as strictly as a Statute Bradshaw the Kings Attorney The mutual assent of the parties upon a thing incertain is in Law but a vain communication before the certainty known as in 37. H. 6.8 A man promises in marriage with his daughter so much as I. S. shall arbitrate The party which shall marry his daughter shall not have it if he marry her until I. S. hath made his award and appointed it for before that it is reduced into certainty it is but a vain communication So in 20. H. 6. A man Leases to A. for so many years as B. shall name he cannot enter into the land before that B. hath named the number of years And the witness of the Defendant which saith That he found suerties and hath not shewed who or what as he ought is wanting both in the name and ability of the sureties which the Court ought to adjudge of as in 22. E. 4.40 A man that was bound to shew a sufficient discharge of an annuity pleaded that he had offered to shew it to him and he refused to see it and held no good plea. Agreement according to the Statute in issue shall be intended general viz. certain and special viz. incertain in evidence proves not the issue neither is it pursuant to the issue as in 31. H. 6. Upon non est factum pleaded in debt witnesses say That it was delivered at another place then it did bear date whereupon the Defendant demurred and the Plantiff was barred because this proved not it to be his Deed for the delivery shall be intended where it was dated and the witnesses prove the contrary and so the evidence warrants not the issue so in 18. H. 6.16 One deed of Lease for life without Livery given in evidence shall not maintain upon Free-hold pleaded the issue so in 14. E. 3. Upon traverse of a gift in Tail the witnesses prove that another made the gift and awarded that the Plaintiff should be barred so if he had pleaded the general agreement in bar and special in the rejoinder it is a departure as in 6. H. 7.8 In Trespass the Defendant pleaded a descent to him and the Plaintiff said That after the Defendant infeoffed him and the Denfendant said That it was upon condition and for breach

day of the entry for a Bar good to a Common intent is not good because parcel of the Substance is left out and because Durante termino is for all the Term for that the time which is parcel of the Substance of the Bar ought to be shewed as the Obligee infeoffees fee another before M. he must shew in certain what day he did infeoff him So 3. H. 7.3 the Lord which Leaseth within the year entred for Mortmain for otherwise it shall not be intended for to enter within the year if he doth not set it forth but the Bar is good where such things are limited because that by special and not by general intendment they are omitted as a Feoffment in Bar is good to a Common intent yet it may be That the Feoffor was within age or in prison but such special things shall not be intended by the Law but shall be shewed As to the matter there are principally two things upon which Arguments may be made viz. Maxims and Reasons the Mother of all Laws and the Maxims are the Foundations of the Law and Conclusions of Reason and therefore are holden as firm Principles and Authorities of themselves One is a Remainder shal not be limitted except it be to a person capable at the time as to a Monk profest which afterwards is deraigned after this the Tenant for life dies the Lessee for life shal not have the remainder because he was not a person able at the time of the remainder limited to take it so a remainder to him That the particular Tenants shall name and after he nameth one yet the Remainder is void for the cause aforesaid But 32. H. 6. if the remainder is limited to the right Heirs of Jo. S. who is living and he die before the particular Tenant is good because I. S. shall be intended then dead also because by all presumption and intendment of Law I. S. may have an Heir which the Law will appoint in despight and so will be certain and therefore the Remainder good but shall not be good where it stands indifferent if he to whom the Remainder is limited will be a person able or not Another Maxim is That a Remainder may pass out of the Lessor at the time of the Livery for that Richel saith in Litl 162. the Remainder is void for this cause amongst others so here it passeth not by the first Livery because a Condition precedes the Commencement of the Remainder viz. if W. die living the Husband and Wife then the remainder to the Defendant and so passeth not at the first Livery and therefore void Brook Serjeant to the contrary As to the uncertainty of the time of the Entry the Bar shall be intended the better for the Defendant which is That he entred immediately and the Bar sufficeth which is good to a Common intent And therefore about 20. E. 3. it is holden That if one plead in Bar That one I. S. died seised and R. S. entred as Son and Heir to him whose Estate he hath this shall make the Bar good and yet it may be that he was not Heir for it is not expresly said That he is Son and Heir but that he Entred as Son and Heir and yet in as much as it is pleaded by way of Bar the best shall be intended for the Defendant so here And he argued besides much in effect as Cook did Sanders Serjeant for the Defendant The Bar is good to a Common intent and the best shall be intended for him which pleads it for a Plea in Bar is alwaies made for two causes The one to enforce the Plaintiff to make his replication The other is to compel him to joyn Issue which cannot be joyned upon the replication as it may upon the Bar and then the certainty shall be in it and not of necessity in the Bar and therefore the Bar good if it be good to a Common intent As in Assise the Tenant pleads in Bar a discent to the Plaintiff and to two others and that he hath the state of one and it is a good Plea because it is intended lawfully yet he may have it by Disseisen and then he is a Disseisor to the Plaintiff also for he cannot be a Disseisor to one except he be so to the other So 27. ass 31. in an Assise by the Heir the Tenant saith That the Father of the Plaintiff being Tenant by the courtesie and now in life Leased his Estate to his Father which died and he is in as Son and Heir Judgement if Assise and held a good Bar yet he doth not say That he was the first which entred and yet good So 21. H. 6. 17. here fol. 26. as to the Remainder it shall be good because it is a principle that it shall be taken most strongly against him which made it and therefore in 31. H. 8. If a man gives to a man and to Heirs without his it is Fee yet he giveth not Fee expresly So 18. E. 3. 28. after 170. A good Remainder by word That after the Decease of Tenant for Life the Lands shall return to A. and B. in Fee So a Remainder to the right Heirs of I. S. in Life passeth presently and shall be in abeyance rather than void and that if shall be to the benefit of the Lessee against his own Livery and limitation as alwaies the Law interprets words strongest against the Speakers as in 40. E. 3. 5. 49. E. 3. 1. A Termor counts that he left this as good as he found it and the Wind blew down the House it is not waste but Covenant lies for the special Agreement alters the Law and maketh his words to be taken more strongly against him So the Law taketh the Acts aforesaid strongly against the Makers And therefore if I. give to B. Land upon Condition That if he Marry my Daughter he shall have Fee if he Marries her he shall have Fee for by the Livery it taketh Commencement and by the performance of the Condition it taketh perfection and in the mean time it is ambiguous So a Lease for years upon Condition That one moneth after he shall have Fee he shall have it after the moneth accordingly for the thing passes according to the Covenant most strong against the Donor So a Lease to two upon Condition That if the one die within seven years that then after the death of the other it shall remain to a stranger good and Privies and strangers are all one 24. and 32. he differs because he hath an Estate first given to which the Condition may be annexed and Livery and by imitation shall be taken strongest against him which makes it Three things one shall have by Remainder First he shall have a Remainder to vest Secondly a Possession in Law and Thirdly a Possession in Deed if he be capable at the time of the Possession in Law cast upon him it sufficeth 28. against it as 17. E. 3. 29. and

and the Son and within his Charge So Litl fol. 4. the Donor shall pay Rent untill four degrees past upon a gift in Free-marriage upon another gift not because the Daughter advanced and the husband from thence forth undertakes to find his wife all necessaries I promise 20. l. to one if he marries my Daughter he shall have Debt for it in our Law because the Daughter is advanced and so consideration proceeding from Nature is a sufficient Consideration in our Law 22. E. 3. ass pl. 70. Fitz. nat br fol. 44. a. and 120. r. Doctor and Student 105. And so the Consideration here of A.B. for provision for his issues males good is a good Consideration to change the use of the land Second Consideration For the continuance of the Land in the name of the Baintons good to raise an Use and Males continue their Sir names and Females change them by marriage and the Male is most Soveraign 40. E. 3.37 2. H. 4.1 27 H. 6.8 and the Female and all inheritance is subject to the will of another 17. E. 4.5 I promise 10. l. to a laborer for to repair a high way or to a Surgeon for to cure such a man he shall have an action of Debt because it is Charity Doctor and Student 105. Third Consideration The good will and fraternal love wich he hath to his bloud and his brothers which is the nearest degree of bloud after Parents and issues good considerations here and so it seems by the better opinion in 20. H. 7.10 but is not there adjudged and they that joyn in bloud by nature joyn in love and therefore if the youngest enter after the death of the Father the elder shall have no action against him conrrary to 21. H 6.15 by Portington because the Law intends that he entred as a friend to preserve the inheritance in his absence because so near in bloud the Law intends as near in love So Littl f. 93. and 40. E. 3.24 no discent of the Puisne or any of his issues shall take away the entry of the eldest for the cause aforesaid So Litl f. 160. Warranty Collateral Bars without assets because the Law presumes that he will advance him as much as he hath prejudiced him by the Warranty So no battail between Brothers or Cosens in a Writ of right But a Nuper obiit lieth against Brothers and Sisters in Gavel-kind where their ancestor died seized or a Wri● De rationabili part against him which enters into all which Writs are to try bloud onely So a Juror is Brother or Cosen to one party a good challeng in every action for the affection which the Law presumes the one hath towards the other 21. E. 4.33 And Bromley said That 11. H. 4.12 by Tirwit and Cascoigne by the ancient usage all the bloud of him which was Murthered should draw the Felon found guilty in an appeal of Murther by a long corde to execution for the loss which all the bloud had by the Murther of one of them and for the revengement of his death and love that they had to him that was killed Fourth Consideration Consideration was the Marrige had between Edward Bainton and Agnes his wife Remainder upon Natural Consideration shall preserve the particular estate made without Consideration which precedes it but not on the contrary if the estate upon natural Consideration precede the other estate as A. Convenants with B. in Consideration that B. will marrie his Daughter to stand seized at the time of the Marriage to the use of himself for life after to the use of I. in Tail afterwards to the use of B. and his wife the Daughter of A. is a good use to I. without consideration for the Marriage is private and several Considerations for the estate of B. and his Wife because the Remainder to I. precedes the estate to B. and his Wife but if the Remainder to I. had been after the estate of B. and his wives the estate there had been void to I. but money might have been given in Consideration of all the estates In Mordants case 21. H. 7.19 No use was raised there because the Covenant was in the future Tense and also incertain and therefore was put to his Writ of Covenant there Good and sufficient Consideration raiseth an Use without Deed so a Deed raises Uses if there be any Consideration for it is made to some effect or otherwise should be void because you shall not have an action of Covenant here because an action of Covenant lieth upon a Covenant only in the preter or future Tense and not in the present Tense 1. Contract or Agreement for Lands or Chattels is by the Law First by Writing Secondly by Words First An agreement by writing without Consideration is not Nudum because a man hath great consideration and deliberation in passing things by Deed and the writing his sealing and delivery of it signifies fully his will is sufficient consideration that Land shall pass as his will is and shall bind the party without thinking what cause he hath to do it Secondly an Agreement by word without consideration is Nudum and binds not because words passes from a man suddenly and without advisement many times as 17 E. 4.4 I promise to give you 20. l. for to make your sale of new it is Nudum pactum if it be by Deed you may have Action of Debt upon this Deed and the Consideration there is not examinable and the cause of the Deed is not inquirable for every Deed imports in it self a Consideration without the will of the party which makes the Deed. So 11 H. 4.33 A Carpenter by word without writing undertakes to make a new house and no consideration for the making of it is Nude if it be by writing it is good So 45. E. 3.24 for that the Plaintiff demanded a Debt upon a contract for marriage money by Deed an action lies at the Common Law because there it becometh a Lay Contract by the Deed in Court Christian if it had been without Deed because the marriage which is the consideration is a thing Spiritual 14. E. 4.6 15. E. 4.32 which books are against the opinion of Thorp in the said case in 22. ass before fol. 35. Nudum pactum est ubi nulla subest causa praeter conventionem sed ubi subest causa fit obligatio parit actionem Information for Mines THe King shall have all the Mines of Gold and Silver in the Lands of his Subjects H. 10. El. in the Excheq by the Prerogative of his Crown and not by the proprieity of the Soil although it be not recited in the Treatise of Prerogative and albeit the Oar thereof in anothers land toucheth others Free-holds and inheritance which is proved by three reasons First for the excellency of the matter which being more excellent is appropriated by the Law to the person most excellent viz. the King So the King hath by the Common Law Whales and

others is exclusive of those comprised in the first saving and the exception And because he is heir and so within the first saving he is excluded out of the second saving by the word other by Walsh and others if a Tenant for the life of another the Remainder to B for his life the Remainder to A. in Fee is Disseised the Disseisor levies a Fine and five years pass after proclamations if he for whose life and the Remainder for life dies he shall have new five years because it is another estate and the first remains to him but by Weston and Catline otherwise because not another person also this right which first Discends to Stowell here is not such a right as the Statute intends to give new five years by the second saving for a new right for it was once right in the Ancestor and given to him before And the word first is of great purpose put into the act and this word joyn as it ought to every of the words subsequent viz. Accrue Remain Discend or Come excludes Stowel of the benefit of the second saving and 1. R. 2. cap 7. touching Fines hath all the words of 4. H. 7. touching the purview and body of the Act but the word First which is added to 4. H. 7. as a thing thought very necessary and so he that wil take benefit of the second saving ought to prove four things 1. That he is another person Secondly That the right first came to him Thirdly and that it came after the Fine ingrossed and Proclamations made Fourthly That his right is before the Fine levyed as where right or Title shall first accrue And therefore if the elder brother be professed when the Father died seised and the youngest is Disseised at the levying of the Fine with Proclamations and five years pass and after is deraigned he shall be aided by the second saving for the cause aforesaid So if the Dissesor of a Mortgagee levies a Fine with Proclamations five years pass after the Mortgagor pay or tender the Money he shall have years after his payment or tender because his Title first accrued after the Proclamations by the payment or tender by matter before viz. the condition Plowden s●ems that he is at large and not bound to five years because at the time of the Fine levied no wrong was done to him nor to the estate which he claims So a husband levies a Fine with Proclamations and after the five years past dies and from thence by this second saving his wife shall have five years to sue out her Writ of Dowe● for her Title accrued by the death of her husband upon cause before the Fine viz. their inter-marriage and seisin of her husband by Plowden she is at large and not bound to five years because it was a real wrong done to her at the time of the Fine or before because her Title accrued after the Fine viz. by the death of her husband So Tenant cess one year before the Fine and another year after the Proclamations the Lord is at large to have his cessavit 20. years after for it is not within the purview of the Act because he had not Title at the time of the levying of the Fine but it accrued afterwards viz. to the end of the two years where first it should remain as to the Donee to his heirs Females of his body Remainder to his Son in Fee Levy a Fine with Proclamations and die then the Son shall have five years So Tenant for life Remainder in Fee Levies a Fine with Proclamations and dies then the Son shall have five years So Tenant for life Remainder in Fee is Desseised the Disseisor Levies a Fine and five years pass and Tenant for life dies he in Remainder shall have new five years Tenant for life and Feoffee Levies a Fine five years pass entry for Forfeiture is gone but there by Walsh he shall have a Formedon after the death of the Tenant for life if he sues it within five years by Catline otherwise because his right accrues not first or Remain after the death of the Tenant for life because he might have entred before and therefore is excluded from the benefit of the second saving Tenant for years by Statute or Elegit is ousted and a Fine with Proclamations levied and five years pass now none may enter nor he in Reversion nor particular Tenant and shall not be aided by the second saving for both might have entred before the Proclamations pass because they all are comprised in the first saving and therefore he in Reversion shall not have years after the Term ended as he shall have where the particular estate was Free-hold and a Termor is bound by this Statute of 4. H. 7. by the word Interest in the saving which word may comprehend Term First it shall Discend as by Dier Discontinuance of Tenant in Tail Levy a Fine with Proclamations and five years pass Tenant in Tail dies the issue in Tail shall have five new years but by him and Catline if the Disseisor of Tenant in Tail Levy a Fine c. the issue is bound there for ever because the right was present to the Tenant in Tail when the Fine was Levied and he and the heirs in Tail comprised within the first saving and therefore barred because they pursued their right within five years according to the first saving by Southcot but Weston contrary and by them every issue in Tail shall have a new five years but by the said Chief Justice the word first added as it ought to be to it shall discend will not admit every discent to have five years the Remainder or Reversion in Tail upon an estate for life discends to his issue there the issue shall have five years by the second saving after the death of Tenant for life by Weston and Dier if the Son purchase and dies the Daughter enters and is Disseised the Disseisor Levies a Fine five years pass the Son born after shall have new five years by the second saving because it is he to whom the right first Discended after the Fine and Proclamations So if the Feoffee of Non sane memory Levies a Fine and dies from thence his Heir shall have five years for the reason aforesaid First shall come as Tenant in Tail Levy a Fine five years pass and then dies without issue from thence the Donor shall have five years for to bring his form●don in Revertor because aided by the second saving because it is him to whom the right first cometh after the Fine and Proclamations and in all those cases there is a new right or Title accrued Discended remains or comes after the Proclamations which was not in any other before upon cause made before the fine And disseisen here is no such cause which shall make Stowel to have such right which was not in any other but first in himself and so it is not here because the right was first

the Court her entry is lawfull But the Writ was abated for that it was Coram Justiciariis predictis whereas there were no Justices named before 1. That the Fine and Recovery are such acts bargaines and incumbrances which make a forfeiture 2. The penaltie here inflicted for the forfeiture is a limitation which determines the estate Ipso facto without making any discondtinuance thereof by the Alienation and is not a condition by the intent of the Testator and hereby the determination of the est●…e the Fee and Frank-tenement is cast upon him in the next remainder that shall not alien without Entrie as upon an Escheat or dying without issue and hath the intent as if it were devised untill he shall alien The entry of Scholastica the wife of Newis becaus I. and F. C. her brothers levied a Fine suffered a common Recovery by the Court is lawfull But the Writ was abared for that it was coram Justic ' predict where no Justices were named before because the Fine and Recovery are such Acts Bargains and Incumbrances which make a forfeiture for that they give title and occasion to defeat the estates taile limitted to I. and F. C. For by the Fine with Proclamations the estate of I. is barrable and by the Recovery the Taile of him and F. is defeated and so within the words and the intent of the penaltie of the last Will of their Father H.C. Also the penaltie here inflicted for the forfeiture is not a condition by the intent of the Testator which will not that all the estates Tailes shall be defeated for entry for the condition broken by him in possession or any in remainder shall defeat all estates and put him which enters in of such an estate as he had before the condition made as 29. Ass pl. 7. Brooke Conditions inwords in a Will lik unto a condition shal not make a Condition because the intent of the party appears not to be to defeat all the state scilicet of him in remainder there also it is not a condition here because then he breaks it which enters for the condition But this is a limitation which determines the estate Ipso facto without making any discontinuance of it by the alienation and hereby the determination of the estate the Fee and Franck Tenement is cast upon him in the next remainder which aliened not without entry as upon an Escheator dying without issue and hath the intent as was devised quo usque he shall alien or incumber So land given to I. in tail so long as I.S. hath issue of his body which dieth without issue there it shall revest presently without entrie for words named in a Will if they are not apt shall be drawn to the intent and the Law submits it self to the Will as to the Parliament as Dyer termed it in matter order and form So a gift of Land so long as such a one is Abbot or during coverture is a limitation So Matrimonii prolocuti there the estate shall be defeated by the intent without expresse Condition in Deed Fitzh nra.br ' 201. E. A man devises to a woman in London upon condition that if she marrie the land shall remain to his sonne in taile with remainder over the woman marries the sonne shall have ex gravi querela by Fitzh by Dier he may enter So it shall be taken as a limitation yet it sounds as a Condition And by Dier a condition in deed in a conveyance made By Fitz-James 28. H. 8. was taken by limitation a fortiori where it is by last Will where the intent shall rule the words and the words not the intent and the intent shall be observed in the exposition of Wills and of the Testator in making of his Will hath a Power like to an Act of Parliament by Dier and the intent in a devise shall make Estates passe contrary to the Rules of the common Law in Deeds or other gifts as a Remainder is good without an Estate precedent So where the particular Tenant entailed disagrees see 34. E. 3. where it depends upon condition so upon a devise to the sonne after the death of his wife there she takes an estate for life although it be not given to her so 10. H. 7.20 Cestuy que vse devises that a woman his Executrix shall sell the land she sells it to her second husband good So a devise to a man and his heires males which hath issue a daughter who hath issue a sonne he shall inherit 28. H. 8. by Dier otherwise Bracebridge against Cooke LEssee for yeares grant his terme to the wife of the Lessor Tr. 14. El. in the Kings Bench in E Firme and a stranger the wife dies the stranger shall have the whol terme and land by survivor Adjudged 1. For that the interest of the husband by reason of the coverture severs not the Joincture● nor alters the possession of the terme or other chattells realls of the wife but is possessed of them in the right of his wife so that if a stranger outs them the wife ought to joyn with the husband in Ei firme and she shall have judgement as well as the husband and therefore if the husband charges it or if he devise the terme and dies the devise is void because he had the Estate in him at the time and before the time of his death But the property of Chattells personalls is devested out of the wife and vests in the husband because of the coverture and therefore if one gives goods to a Fem covert and a stranger the joyncture is presently severed by the Law and she and the stranger shall be Tenants in common 2. The immediate Fee and frank Tenement that the husband hath in his owne right shall not drown the terme which he hath in the right of his wife where she is sole Lessee nor the moitie of the terme where she is joint Lessee as here and the operation of the Law shall not do a thing contrary to equity and reason to the prejudice of another namely in Chattells Realls which are things of continuance because the husband by expresse act hath not given nor altered it as he may by making of a Feoffment of the land or new Leas c. But hath left it to the judgement of the Law The Law preserves the estate of the wife which estate as to the wife is disjoint from the Freehold and Fee-simple but a rent granted to the terrenant and a stranger the Tenant dies the other shall not have all because the Moity drownes in the land and therefore that was not in joyncture at the time of the death of him which first died and the other shall not have all as survivor But the rent here shall be apportioned because of the occupation that every one hath per my et tout of the profits But husband and wife here cannot joyn in E firme with the stranger But the Husband shall use his reall action upon an