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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	lord_n	westminster_n	3,206	5	9.6908	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80192	The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.	Colquitt, Anthony.; Washington, Joseph, d. 1694.; Great Britain. Court of Exchequer.; England and Wales. Court of Common Pleas.; England and Wales. Court of Chancery.; England and Wales. Court of King's Bench.	1698 (1698)	Wing C5416; ESTC R171454	291,993	354

but it was denied for the Court agréed the Writ well issued Some have made a difference between the King's Bench and the Common Pleas as if an Execution might go into Wales upon a Iudgment obtained in the King's Bench but aliter if in the Common-Pleas But the Law is the same in both Courts Mich. 1653. betwéen Wyn and Griffith this very Case came in question and there it was held that Execution goes into Wales as well as into any part of England upon a Iudgment in the Courts of Westminster In 2 Bulstr 54. Hall versus Rotheram it was held that a Ca. sa shall go into Wales against the Bail upon a Iudgment recovered in the Kings-Bench here against the Principal Of the same Opinion was Iustice Atkins and that the Defendant cannot averr against the Sheriffs Return nor a Bishops Certificate and the true reason is given by my Lord Coke in 2 Inst 452. for the Sheriff is but an Officer and hath no day in Court to justifie his Return In special Cases Exception may be made to the Sheriffs Return but this is by reason of the special provision that is made for the doing of it by the Statute of W. 2. cap. 39. as in case too small Issues be returned or that the Sheriff return a Rescous the Party in his Averment must alledge of what value the Issues are 2dly That notwithstanding the common saying Breve Domini Regis non currit in Walliam yet a Fi. Fa. Ca. Sa. or any Execution whatsoever may issue into Wales upon a Iudgment obtained here And to prove this he considered 1. How Wales formerly stood in relation to England 2. How it stood before it was united by the Statute of H. 8. 3. How it now stands since the Vnion 1. And as to the first of these England and Wales were once but one Nation they used the same Language Laws and Religion and so continued till the time of the Roman Conquest before which they were both comprehended under one name viz. The Isle of Great Britain But when the Romans came those Britains who would not submit to their yoak betook themselves to such places where they thought themselves most secure which were the Mountains in Wales and from whence they came again soon after the Romans were drove away by their dissentions here and then these Britains enjoyed their ancient Rights as before After this came the Saxons and gave them another disturbance and then the Kingdom was divided into an Heptarchy and then also and not till then began the Welsh to be distinguished from the English but yet at that time they had great Possessions in England viz. Gloucester part of Worcester Hereford Shrewsbury which they kept till King Offa drove them out of the plaine Countries and made them fly for shelter into those Mountainous parts in Wales where they now continue Cambden 15. And 't is observable that though Wales had Kings and Princes yet the King of England had Superiority over them for to him they were Homagers Cambden 67. The Word Princeps implying a Subordinate Dignity Selden's Titles of Honor 593. 2dly During the time of the Separation Wales had distinct Laws and Customs from those in England whence that saying took its effect viz. Breve Domini Regis non currit in Walliam yet the Parliament of England before that time made Laws to bind Wales As the Act of 25 Edw. 1. for confirmation of the old great Charter of the Liberties of England and of the Forests which enacts That certain Duties shall be paid for every Sack of Wool c. exported out of Wales 2 Inst 531. So the Statute 3 Edw. 1. cap. 17. which gives remedy if a Distress be taken and detained in a Castle and upon deliverance demanded by the Sheriff if the Lord of the Castle should refuse he might raise the Posse Comitatus and beat down the Castle and if such detainer or refusal be in the Marches of Wales the King as the Statute saith is Soveraign Lord of all and shall do right upon complaint and the Conquest was not made till 9 E. 1. so that at that time likewise though Wales had Princes of its own Vaugh. 400. yet the Kings of England were Sovereigns to those Princes and though they had Laws of their own yet were they bound by those that were made here and though their Princes had ordinary remedial Writs yet in Cases extraordinary the Kings Writs here run into Wales and it was not for want of power but because there was no need for that it went so seldom and when the Kings Writ did issue it was necessary to direct it to the Sheriff of an English County for Wales was not then divided into Shires but afterwards by the Act called Statutum Walliae 12 Edw. 1. * 2 Inst 195. 4 Inst 239. it was divided into six Counties and then again by the Act of 27 H. 8. cap. 26. it was divided into the other six Counties But during this time there were frequent Hostilities between England and Wales until by the Conquest in Edw. 1. time they were united 'T is pretended that H. 3. Father to Edw. 1. was the Conqueror and 't is probable something considerable might be done in his time yet the absolute Conquest of the whole Dominion was made by Edw. 1. in whose time the aforesaid Statutum Walliae was made Vaugh. 414 415. and after that the Statute of 27 H. 8. to compleat the Vnion the end of which is declared to bring the Subjects of both to an entire Vnity and that it may be done with effect 't is enacted That the Laws of England be executed there ● Bulst 54. for which reason it is held in 5 Co. Rep. Vaughan's Case fol. 49. that the Statutes of Jeofails do extend to Wales and in 2 Bulstr 156. * This was a Resolution upon no Debate the Sheriff of Radnor upon a Scire Fac̄ directed to him returned Breve Domini Regis non currit c. and was amerced 10 l. for his false Return Vide 19 H 6. 20. Fitzherb Trial pl. 40. tit Jurisdiction 13 E. 3. 23 24 34. idem Brief 621. Assize 382. It was objected That by express provision in 1 E. 6. cap. 10. Exigent and Proclamations shall be awarded out of the Courts of Westminster into Wales which if they might before this Law was then needless 'T is true the Opinion of the Parliament seems to be that had it not beén for this particular provision such Proclamations might not have issued for by 6 H. 8. cap. 4. Vaugh. 414. such Proclamations went but to the next County but they do not declare so and perhaps they might ground themselves upon that vulgar Error Breve Domini Regis non currit in Walliam which is not true unless the Clause be limited to original Writs only Objection That the Statute of 5 El. cap. 23. which enacts that the Excommunicato Capiendo shall be returned in the Kings-Bench

The Second PART OF Modern Reports BEING A COLLECTION Of Several SPECIAL CASES Most of them ADJUDGED in the COURT OF Common Pleas In the 26 27 28 29 30th Years of the Reign OF King Charles II. When Sir Fra. North was Chief Justice of the said Court. To which are added Several select CASES in the Courts of Chancery Kings-Bench and Exchequer in the said Years Carefully Collected by a Learned Hand LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for Charles Harper at the Flower de Luce over against St. Dunstans Church in Fleetstreet 1698. TO THE Right Honourable JOHN Lord SOMERS Baron of Evesham Lord High Chancellor OF ENGLAND My Lord WHEN both the Favour and Severity of the Laws were by partial and unusual Methods applyed to the Persons and not to the Cases of the accused when the Life and Honour of an unfortunate Man depended on the Arbitrary Dictates of some Men in Authority and when the Sentence pronounced was more Criminal than the Offence of which the Party was too easily convicted then was your Lordship as far from any Advancement to a judicial Office as your Judgment and Inclinations were from the Approbation of such Proceedings But no sooner were places of Honour and Profit in the Law made the unsought Rewards of good and learned Men but your Lordships Merits entituled you to both whose Moderation and Temper will make your Administration just and easie in that honourable Court to which Fortune had no share in your Promotion and whose natural Abilities are so improved by a continued and inflexible Study that your Knowledge is not alone confined to the municipal Laws of this Nation but is generally extensive to all humane Learning What Services may not a Prince expect from the Wisdom and Vigilancy of such a Counsellor And what Benefit may not a divided People find by your equal Dispensation of Justice who if they can be united in any thing it must be in the general Satisfaction which all have in your Promotion because they know those Causes which come before your Lordship will receive a due Hearing and Attention without Passion or Prejudice to Persons such Emotions being as much beneath the Greatness of your Lordships Mind as they are beyond the Duty of Justice and fit only for such who will neither be guided by the Rules of Equity or Reason so true is that Saying Utitur animi motu qui uti ratione non potest The Respect which is due to the Office of Magistrates challengeth an universal Obedience but that particular Affection and Esteem which we have for their Persons is due only to their Vertues and Merits And such is that which I have and all Men especially those of my Profession ought to have for your Lordship and the present Judges in Westminster-Hall whose Learning and Integrity in judicial Determinations may bring the Laws nearer to Perfection and whose Examples are the just Commendation of the present and I hope will be the Imitation of succeeding Ages I could never understand the right meaning of that Sentence Boni Judicis est ampliare Jurisdictionem for if that be true then to what purpose were those Arguments at the Bar of the House of Peers against some late Judges for retaining Bills in Equity the subject Matter whereof was only tryable at the Common Law Such Complaints are now no more because your Lordship will not only support the Honour and Dignity of that Court wherein you preside in the Beauty of Order but will not enjoyn any other from exercising its proper Jurisdiction Thus will the Credit of the Laws of England be revived and Men will acquiesce under the legal Determinations of each Court very few Writs of Error will be brought for Error in Law because of the Justice and Stability of the Judgment in that Court wherein it was given and very few Appeals because your Lordship knows so well how to temper Equity with Justice that he must be a very angry Man who goes away dissatisfied with your Lordships Decree But since the Actions of Men in great Places are subject to the various Censures of Mankind if any prejudiced Person should revive those Disputes or quarrel at your Lordships Administration such Complaints would leave no other Impression upon the Minds of impartial Men than to convince them of the Wrong done to your Lordship and the Folly of such Misapprehensions My Lord I have prefixed your Lordships Name to this mean Performance taking this occasion to shew that great Honour and Respect which I have for your Lordship not that I am so vain to think any thing herein to be worthy of your Lordships Leisure neither do I think it Manners to beg your Lordships Patronage because a good Book will protect it self at all times and a bad one deserves no Protection I know few Books are either praised or perused but what are warranted by the common Repute and Esteem of the Writer which must be imputed to the Prejudice and Partiality of Men and which argues a Diffidence of our natural Parts as if we did not dare to make a right use of our own Judgments For this Reason I have concealed my Name that a Judgment may not be made of the Book by the Repute of the Writer But I hope your Lordship will not condemn my Ambition when I say I am not altogether unknown to your Lordship who am Your Lordships Most humble Servant J. W. Middle-Temple June 22. 1693. A TABLE OF THE NAMES OF THE CASES A. ABbot versus Rugely 307 Abraham versus Cunningham 146 Adams versus Adams 169 Addison versus Otway Mil 233 Alford versus Tatnel 49 Arris and Arris versus Stukley 260 After versus Mazeen 311 Astry versus Ballard 193 312 Atkins versus Bayles 267 Attorny General versus Read Mil 299 ........ versus Turner Mil 106 ....... versus Alston 247 Anonymus 7 17 62 94 100 100 167 199 206 279 293 306 314 316 317 B. BAilies Joan Case 315 Ballard versus Oddey 307 Barker versus Keat 249 Barker versus Warren 270 Barker versus Basket 200 Basset versus Salter 136 Beaver versus Lane 217 Bell versus Knight 182 Benson versus Idle 37 Beaumont versus ...... 140 Bill versus Nichol 246 Birch versus Wilson 274 Birch versus Lingen 316 Blackbourn versus Conset 304 Bridges versus Beddingfield 27 Brittam versus Charnock 286 Brook versus Turner Mil ' 170 Brown versus Johnson 145 Brown versus Waite 130 C. CAlthrop versus Phillips 217 Calthrop versus Heyton 54 Chapter of Southwel versus the Bishop of Lincoln 56 Cockram versus Welby 212 Columbel versus Columbel 77 Cook and others versus Herle 138 Cooper versus Hawkeswel 58 Crosier versus Tomlinson Executor 71 Crossman versus Churchil Mil ' 97 Crowder versus Goodwin 58 Curtio versus Bourn 61 Curtis versus Davenant 8 D. DAshwood versus Cooper 283 Dawes versus Sir Paul Pindar 45 Daws versus Harrison 65 Dorchester's Marquess of Case 215 Dunning

Governour of Barbadoes and the Council there have power of probate of Wills and granting of Administration that the Secretary belongs and is an Officer to the said Governour and Council as Register and is concerned about the registring the said Wills and so his Office concerns the Administration of Iustice and then sets forth that this Covenant upon which the Plaintiff brought his Action was entred into upon a corrupt Agréement and for that reason void The Plaintiff replies protestando that this Office concerned not the Administration of Iustice and protestando that here was no corrupt Agréement pro placito he saith that Barbadoes is extra quatuor Maria and was always out of the Allegeance and power of the Kings of England till King Charles the First reduced that Island to his Obedience which is now governed by Laws made by him and not by the Laws of England The Defendant rejoyns protestando that this Island was governed by the Laws of England long before the Reign of King Charles the First and confesses it to be extra quatuor Maria but pleads that before King Charles had that Island King James was seised thereof and died such a day so seised after whose death it descended to King Charles the First as his Son and Heir and that he being so seised 2 Julii in the third year of his Reign granted it under the great Seal of England to the Earl of Carlisle and his Heirs at such a Rent absque hoc that King Charles the First acquired this Island by Conquest Baldwyn Serjeant demurred for that the Traverse is ill Ex parte Quer. for the most material thing in the Pleadings was whether Barbadoes was governed by the Laws of England or by particular Laws of their own And if not governed by the Laws of England then the Statute made 5 E. 6. cap. 16. concerning the Sale of Offices doth not extend to this place He said that it was but lately acquired and was not governed by the Laws of England that it was first found out in King James his Reign which was long after the making of that Statute and therefore could not extend to it The Statute of 1 E. 6. cap. 7. Enacts That no Writ shall abate if the Defendant pending the Action be created a Duke or Earl c. And it has béen doubted whether this Act extended to a Baronet being a Dignity created after the making thereof Sir Simon Bennets Case Syd 40. Cro Car. 104. Statutes of England extend no more to Barbadoes than to Scotland or Virginia New England Isles of Jersey and Gernsey 't is true an Appeal lies from those Islands to the King in Council here but that is by Constitutions of their own No Statute did extend to Ireland till Poyning's Law nor now unless named In Barbadoes they have Laws different from ours as That a Deed shall bind a Feme Covert and many others Ex parte Def. Seys Serjeant contra He agreed that the Traverse was ill and therefore did not indeavour to maintain it but said there was a departure betwéen the Declaration and the Replication for in the Declaration the Plaintiff sets forth that Nokes was admitted Secretary apud Insulam de Barbadoes viz. in Parochia Sancti Martini in Campis and in the Replication he sets forth that this Isle was not in England which is in the nature of a departure as Debt sur obligat ' 1 Maii the Defendant pleads a Release 3 Maii the Plaintiff replies primo deliberat ' 4 Maii 't is a departure for he should have set forth that the Bond was 4 Maii primo deliberat ' Quaere Bro. Departure 14. So in a Quare Impedit the Bishop pleaded that he claimed nothing but as Ordinary The Plaintiff replies Quod tali die anno he presented his Clerk and the Bishop refused him the Bishop rejoyns that at the same day another presented his Clerk so that the Church became litigious and the Plaintiff surrejoyns that after that time the Church was litigious he again presented and his Clerk was refused this was a Departure Bro. Departure So likewise as to the place the Tenant pleads a Release at C. The Demandant saith that he was in Prison at D. and so would avoid the Release as given by Duress and the Tenant saith that he gave it at L. after he was discharged and at large 40 E. 3. Bro. 32. 1 H. 6.3 The Plaintiff might have said that Nokes was admitted here in England without shewing it was at Barbadoes for the Grant of the Office of Secretary might be made to him here under the Great Seal of England as well as a Grant of Administration may be made by the Ordinary out of his Diocess 2. Except Viz. By the Demurrer to the Rejoynder the Plaintiff hath confessed his Replication to be false in another respect for by that he hath owned it The Defendant hath pleaded that King James was seised of this Island and that it descended to King Charles c. and so is a Province of England whereas before he had only alledged that it was reduced in the time of King Charles his Son and so he hath falsified his own Replication And besides this is within the Statute of 5 Ed. 6. for the Defendant saith that the Plaintiff hath admitted Barbadoes to be a Province of England and it doth not appear that ever there was a Prince there or any other person who had Dominion except the King and his Predecessors and then the Case will be no more than if the King of England take possession of an Island where before there was vacua possessio by what Laws shall it be governed certainly by the Laws of England This Island was granted to the Earl of Carlisle and his Heirs under a Rent payable at the Exchequer for which Process might issue and it descends to the Heirs of the Earl at the Common Law And if it be objected that they have a Book of Constitutions in Barbadoes that is easily answered for 't is no Record neither can the Iudges take any notice of it 'T is reasonable that so good a Law as was instituted by this Statute of Edw. 6. should have an extensive construction and that it should be interpreted to extend as well to those Plantations as to England for if another Island should be now discovered it must be subject to the Laws of England Curia advisare vult Lever versus Hosier THIS was a special Verdict in Ejectment Recovery suffered of Lands in a Liberty passeth Lands in a Vill distinct within that Liberty Mod. Rep. 206. Postea The Case upon the Pleading was viz. Sir Samuel Jones being Tenant in Tail of Lands in Shrewsbury and Cotton being within the Liberties of Shrewsbury suffers a Common Recovery of all his Lands lying within the Liberties of Shrewsbury and whether the Lands in Cotton which is a distinct Vill though within the Liberties shall pass was the Question And it was argued

Rent why should he pay where he hath none to receive And that this was the meaning of the Parliament may further appear by a Clause in the Act of 16 Car. 2. cap. 3. made for collecting this Duty by Officers appointed by the King which doth not inlarge the former Statutes and by which 't is Enacted That if any Occupier shall leave his House before any of the half yearly Feasts whereon this Duty is appointed to be paid that the next Occupier shall be chargeable with the same for the said half year Which Clause had been altogether vain and of no use if empty Houses had been chargeable with this Duty for to what purpose was it to charge a succeeding Occupier when the House it self though untenanted was chargeable before In this Act also which supplies the defects of the former this Duty is made payable unto the Officer upon demand at the House where the same shall arise and grow due and that in case of refusal by the space of an hour the Officer may distrein which shews a Demand must be where there may be a Refusal and no Refusal can be where there is no Occupier There is also another Clause which mentions both Owner and Occupier in this Act and which saith That no Proprietor Owner or Occupier shall be molested or charged unless within two years after the Duty accrewed so that where-ever a charge is laid or an ease is given to the Subject the Word Occupier and sometimes both Occupier and Owner promiscuoslly are used but where a payment is to be made the Owner is never mentioned and if so nothing shall be intended within either of the Statutes to enlarge this Duty upon the Subject beyond the Words and plain meaning thereof 2. There is another Point in this Case which concerns the King and all the People of England that is whether the Defendant here can be charged with a Distress supposing this Duty is to be paid to the King before any account of these Hearths is transmitted into the Exchequer which first ought to be done or otherwise the consequence will be that the Officer may demand and take as much as he will at his pleasure and the King may be likewise prejudiced in his Revenue for as the Collector may have from the Subject more than he ought and more than he is empowered to take by the Law so he may pay the King less The Act directs That an Account shall be taken by the Officers and examined by the Constables then to be transmitted to the Sessions there to be enrolled and from thence sent into the Exchequer now what occasion was there of all this Solempnity if that the King was entituled to a Distress upon a bare refusal This being a Rent Charge upon a Mans Inheritance the King shall not be entituled to it but by matter of Record for he cannot take or part with any thing neither can he have any Estate or Profit rendered him out of another Mans Estate but by matter of Record so that it seems by the Act that this accompt is necessary to be transmitted into the Exchequer and that the King is not entituled to a Distress for this Duty until that be actually done which is not only matter of Information to the Crown but in some measure intitles him to it because there is a Penalty of five pounds laid upon the Officer who shall neglect to bring in such accompt which shews that the Subject ought not to be charged before for which reasons Iudgment was prayed for the Plaintiff Ex parte Def. But on the other side it was argued by Mr. Holt and the Attorny General that empty Houses should pay this Duty For the Attorny General said that the Words in the Act were so express that he was of Opinion that the very reading of them would clear the Point in question In their Arguments two things were considered upon the Statute of 14 Car. 2. 1. First the general Clause which gives the Duty in the Body of the Act. 2. The discharge in the Proviso And if this be in the Body of the Act and not excepted in the Proviso then the Duty is to be paid and as to that it was said that this Duty was given in general Words by which it appears that there was a design and intent to charge empty Houses for every dwelling House Edifice or House whatsoever is to pay this Duty and that if every House why not an empty House 'T is true a Dwelling House is not a House wherein there hath not been an Inhabitant but wherein some body doth actually live and if a Man furnishes a House very well if 't is not inhabited it is notwithstanding an empty House and such a House as to some purposes in the Law is not a dwelling House for 't is not a Mansion House so as to make it Burglary for the breaking of it open By the second Clause Every Owner or Occupier is to subscribe the Account to be sent into the Exchequer by which it appears that those Words Owner and Occupier are not there used in a different sense for if the Occupier were only lyable the Owner need not look after the signing the accompt of every Hearth The third Clause takes notice That if it should happen there be no Occupier then the Officer may go into the empty House to examine if the account given him be true now if an account is to be taken of such Houses as are charged by this Act and an account is directed to be taken of empty Houses then such empty Houses must be charged and this seemed to them to be the intent and meaning of the Parliament for there being a Return to be made of empty Houses if such had not been intended to be charged they would have directed a Return also to have been made of the non-inhabitancy And therefore they thought that something more than an Occupier was here meant for otherwise the Word Owner had not been put in the meaning of which must be that dwelling Houses come within the charge of Occupiers and empty Houses within the charge of the Owners Then as to the Proviso That the Duty hereby arising shall be charged only upon the Occupiers and Dwellers of such Houses their Executors and Administrators that can in no sort extend to discharge an empty House because 't is not the subject matter of the Proviso for the design and purpose of it was not to discharge the Duty but to transfer the charge upon the Tenant where the House was inhabited for if a contrary construction should be made then no Duty should be paid at all by the Owner himself if he should live in his own House In the Case of a Modus decimandi 't is payable by the Occupier and Possessor of the House and the Landlord is never charged but where there is no Occupier As to the Objection That 't is hard to pay a Duty where a Man has no

Ex parte Def. Mr. Holt contra held that the Estate is not determined but had a continuance still In his Argument he considered these four things 1. Whether upon Dr. Vossius's coming into England being under the displeasure of the Government where he was born he was an Exile And he held that he was an Exile which Word in plainness of Speech doth not only concern a person prohibited to live in his Native Country by act of State but one who leaves his Country upon other occasions and Calvin the Civilian in his Lexicon tells us That an Exile is one qui extra solum habitat and in all the descriptions of exilium 'tis divided into voluntary and involuntary Plutarch and Livy use it in the sense of a voluntary leaving of a Native Country where 't is said of Petrellus in voluntarium profectus est exilium If a Man leaves his Country upon the displeasure of the Governours or fearing any Danger of Life or even upon the Loss of his Livelyhood this is little different from involuntary Exile and this is the Case of the Defendant who though he is not prohibited to continue in such Exile yet he is disabled to return and though he is not punished for staying yet if he return he is in danger of being starved As for the Case of exilium de hominibus it makes for the Defendants purpose for in the 1 Inst 53. b. 't is said if Tenants be impoverished that is an Exilium and have not the States taken away the Doctors Livelyhood and impoverished him as much as they can and therefore he had good cause to seek relief elsewhere Now the same cause continues still for 't is not found by the special Verdict that there was any reconciliation betwéen the States and him or that he may have his Pension again if he should return but on the contrary that 't is disposed of to another and 't is apparent that there was a great Friendship between the Testator and the Defendant who took notice of the Circumstances of Dr. Vossius's condition at that time which is in no sort altered from what it was at the time of the making of the Will so that by the Word restored nothing else could be intended by Dr. Brown than when his Friend should have the favour of the States and a comfortable subsistence in his own Country 2. Dr. Vossius is not to be considered with any relation to the War because he came into England before the War proclaimed neither doth it appear by the special Verdict that he was any wise concerned in it If a Subject of England go into Holland and a War break out 't is no restraint of his person if he be not active in it for he may return as he hath opportunity so to do 3. Admitting Dr. Vossius to be concerned in the War yet the Peace ensuing can be no Restitution of him to his Country that only extinguishes the Hostility between the two Nations and doth not restore the Doctor who during the War adhered to the King of England and so was a Rebel to the States and for that reason a Peace shall not extend to pardon him 4. Admitting the Doctor to be no Exile then the Limitation in the Will is void and a void Limitation is like a void Condition and then the Estate is absolute in him if it had been a Condition precedent as a Devise to him in case he was not an Exile that had prevented the vesting of the Estate but if the subsequent Limitation be impossible they must shew on the other side that the Estate is determined Rainsford Chief Iustice was clear of Opinion that the Estate doth continue in the Defendant by this Limitation until the Circumstances of his Case as to the Favour of the States and the offer of his Pension or some competent way of Livelyhood differ from what they did at the time of the making of the Will and it doth not appear that there was any alteration of his Condition nor any expectation of a Pension from the States now more than he had at that time Whereupon in Michaelmas-Term following Iudgment was given for the Defendant Vossius by the Opinion of the whole Court of King's Bench. Strangford versus Green IN an Action on the Case for Non-performance of an Award Award that all Suits shall cease amounts to a Release the Defendant having in behalf of himself and his Partner referred all Differences and Controversies between the Plaintiff and them to Arbitrators and promised to perform their Award which was that all Suits which are prosecuted by the Plaintiff against the Defendant shall cease and that he shall pay the Plaintiff so much c. And for Non-payment this Action was brought upon this special Declaration to which the Defendant did demurr 2 Cro. 639 663 1. Because the Submission was only of Matters concerning the Partnership and the Award was that all Suits shall cease 2. It was of all Matters between the Plaintiff and the Partner and the Award is that all Suits prosecuted against the Defendant only shall cease 3. The Award is not mutual for the Defendant is to pay Mony but the Plaintiff is to give no Release 't is only said that all Suits shall cease 4. The other Partner is not made a Party to the Submission 2 Cro. 663. But these Exceptions were not allowed for no difference shall be intended but what concerned the Plaintiff and the Defendant as the Defendant was concerned with his Partner in Trade only unless the contrary did appear and if any such were they should be shewn on the other side And it shall be intended likewise that all Suits shall cease only between the Plaintiff and the Defendant and that was an Award on both sides for the awarding that all Suits shall cease hath the effect of a Release and the Submission and Award may be pleaded in discharge as well as a Release and likewise the Defendant may undertake for his Partner and having engaged for him and promised that he should perform the Award on his part notwithstanding the Partner is not bound so to do yet if he refuse 't is a Breach of the Defendants promise and so the Plaintiff had Iudgment upon the first Argument Sir John Shaw against a Burgess of Colchester THIS was upon a Tryal at the Barr wherein the Case was this viz. The Plaintiff was a Serjeant at Law and Recorder of Colchester and the Defendants resolving to turn him out procured Articles of Misdemeanour to be drawn against him and then all who had liberty to vote proceeded to vote for and against him and a Poll was granted to decide the Controversie it not appearing upon the View which had the Majority of Votes but before the Plaintiff had taken all the Names and whilst he was taking of the Poll the Defendants took away the Paper and would not suffer him to proceed the Iury gave him 300 l. damages