aliened that the Donor might enter the Donee aliened and afterwards dyed without Issue If the Donor might enter or was put to his Formidon in Reverter Quaere for the Justices were divided in opinion and it was not Resolved 122. The reversion of a Lease for years was granted one moyety to one man and another moyety to another The Lessee committed Wast and then the Lease determined They brought actions of Wast in the Tenant It was the better opinion that they might well joyn in the action because they are not now to recover in the realty which is the Land Wasted but only damages but if the Term had continued it had been otherwise because then the Land was to be recovered 123. An Indenture of Bargain and Sale was Enrolled the last day of the 6. Moneths not accounting the day of the date of the Indenture for part of the 6. Moneths It was Resolved that the Enâ—olment was good for the day of the date shall not be accounted part of the 6. Months limitted by the Statute for the date and the day of the date is all one for the date is all the day And it was said It was not like the Statute of 32 H. 8. of Leases where it is said A Lease made by Tenant in Tail shall be good for 21. years after the making of the Lease for the making may be at one hour of the day and is prefect by the delivery at that time and therefore the Lease shall begin presently And in this Case it was agreed for Law That if a man by Deed Indented Bargaines and Sells his Lands unto another and before the enrollment of the deed he Bargains and Sells to another and the last Deed is first Enrolled and after the first Indenture is Enrolled within the 6. Moneths the first Indenture is the best and shall be preferred before the latter although it was first Enrolled 124. By a Statute made 3. Ma. Cap. 4. Authority was given to Cardinal Poole to dispose order imploy and convert the Benefices appropriate to the increase and augmentation of the Living of the Incumbent He made a Lease for years of a Parsonage appropriate It was holden the Lease was void for he had authority but to the Intents specified in the Statute and he had not the Fee simple given him by any words of the Statute Quaere in whom the Free simple was if in the Queen or it was in Abeyance not Resolved 125. A Fine was Levyed in the time of King John by which the Conusor granted to the Conusee in Tail a Mannor rendring to him a pair of guilt Spurs for all services salvo sorinseco servitio Domino Regi The Mannor was holden of the Lord Stafford The Justices held it was but a Tenure in Socage for the words salvo sorinseco servitio were void to all purposes but to reserve such services by which he himself held of his Lord next paramount him and not such services which any of the Lords paramount him held over by Knights service 126. It was holden by the Justices If a man find sureties for the Peace before Justices of the Peace in the County yet if the same party come in B. R. and there make Oath that he was afraid he shall be hurt by the said party he may have surety of the Peace there against the party and a Supersedeas to the justices to discharge the bond taken before them for the Peace and behaviour 127. Note for a Rule by the Court That in every case where the Defendent once confesseth a Deed and after would avoid it by matter which makes the Deed defeisible and not void That in such Case he shall not plead Non est factum to it but show the special matter and conclude Judgment of action as if Debt be upon an Obligation against one who was within age He shall not plead Non est factum to it but shew the special matter that he was within age 128. A Lease was made to the Husband and Wife and to a 3d. person to have and hold to the Husband for 80 years if he should so long live and if he dye within the Terme the remainder of the said Term to the Wife and to the 3d. person if he should live so long It was Resolved a good Habendum and that all the Interest was in the Husband and nothing in the others till after his death But it was holden if a Lease be made to 3. of 3. acres Habendum one acre to one for 20. years of another to another for 40. years and of the 3. to the 3d. person for 60. years the limitation is void for he cannot by the Habendum divide the estate in such manner which was joynt before Gascon and Whatleys Case 129. A man seised of Lands in Fee is bound in a Recognizance and afterwards enfeoffes the Recognizee of parcel of the Lands yet the Recognizor is chargeable for the Residue of the Lands to the Executor of the Recognizee and for his body and goods but if the Recognizor dye hâ—s Heirs shall not be charged 130. Cessavit The Tenant said That the demandant nor his Ancestors were never seised of the services within 40. years It was holden by the Justices to be no plea because this Writ is not within the Statute of 31 H. 8. cap. 2. of Limitation and also because the seisin of the services is not materiall nor traversable in a Cessavit Mich. 5. Eliz. 131. Lessee for years Covenants for him and his assignes that he will not lop nor top the Trees during the Terme he dyes Intestate his Adminstrators lopâ— the Trees he is chargeable to the Covenant because he hath the Terme to the use of the Testator The Words in the Lease were Provided It shall not be Lawfull to the Lessee to top the Trees If these words are a Condition or a Restraint only no penalty ensuing upon it Quaere It was not Resolved 132. The Queen by Letters Patents ex câ—rta scientia mero motâ— granted to I. S. the Mannor of D. which she had by the Attainder of Sir Thomas Wyat and in truth she was seised of the Mannor by discent Resolved That the grant was void because the Queen was deceived in her grant Quaere if the same be not helped by the Statute of misrecitalls for when the substance of the thing granted appears certain the Statute helps all other defects but when the certainty of the thing granted doth not appear then perhaps it is not helped by the Statute 133. A Fine was Levyed by Husband and Wife and the Conusee rendred back the same Lands to the Husband and Wife and to the Heirs of the Wife and an Indenture was by which it was recited that the Remainder should be to the use of the Husband and Wife and to the Heirs of the Husband The Justices conceived there is not any use implyed upon a Fine no more than upon a Feoffment wherefore they conceived that the
Tenant in tail became Officer yet that Land shall be sold by the Queen 2. When an Officer is endebted to the King and his Land subject to be sold by the Act 13. Eliz. and he to prevent the sale of the Queen and to evade out of the Act makes a conveyance of his Lands to his Issues or others of his Blood in consideration of natural affection that such conveyance shall not be good not said to be Bona fide within the Proviso of the Act of 39 Eliz. but that the Queen may sell the Land for so much of her debt as was due before the conveyance 3. If the Officer or Debtor of the Queen after 39 Eliz. be Tenant in tail or hath power of Revocation there the Queen may sell the Land by the Statute of 39 Eliz. and if any such Officer or Debtor before 39. Eliz. and and after 13. Eliz. had made any conveyance to his Issues or Blood without valuable consideration especially if it be with power of Revocation that Land may be sold by the Queen by the Statute of 39. Eliz. Adams and Lamberts Case 848. A man devised Lands to his Brother for Life the Remainder for Life the Remainder in tail upon condition to find a Chaplain for ever to pray for Souls and for the Souls of all Christian people to celebrate Mass Annusaries and other Superstitious uses and if they failed to perform the Uses then he devised the Remainder for eight years to an Hospital and because he doubted the profits of those Lands would not suffice he devised other Lands to supply them upon condition that if they aliened or let the Land to the prejudice of those in the Remainder they should presently enter and to be seised to the said uses It was resolved 1. That the Devise of Land to find a Priest c. was a Superstitious use 2. That although one of the uses was uncertain and no certain Sum limitted to it 3. That although the Devise was for the Sustentation and Maintanance of poor men yet the Limitation to them to pray for Souls was a Superstitious use because they depended upon the Superstitious uses and therefore it was Resolved in this case that all the Lands were given to the King by by the Statute of 1. Eliz. of Chaunteries Salway and Wales Case 849. It was holden by the Justices That if a man makes a Deed of Feoffinent in December and after and before Livery executed the Feoffor sells the Land by good assurance to another and after that the Feoffee takes Livery and Seifin of the Feoffor it is Forgery in the Feffor and the Feoffee So if the Feoffee causeth Livery to be endowed generally upon the Deed without a special day of making the Livery the Indorsement is Forgery Mouse and Weavers Case 850. The case was A. after a Recovery in an Assize in the Court of the Mannor of Isleworth and before Seisin delivered by the Bayliff of the Mannor bought the Copyhold by Surrender It was adjudged maintenance within the Statute of 32. H. 8. But it was holden by the Justices that if one recover Land and be in possession by Writ of Seisin he may sell the same although he nor his Ancestor or other by whom he claims was in possession by the space of a year next before And in this case it was holden by the Justices that a Clerk or Attorney in one Court cannot sollicite a Cause in another Court although it be for the same matter which was in his own Court Pollard and Moretons Case 851. It was Resolved in this case that a Justice of Peace coming to remove a Force may take posse comitatus with him 2. Resolved if one entreth into an house where no man is in the house with armed men or company unusual the same is a forceable entry Whetstone and Mintons Case 852. A. a Citizen of London seised divers Messuages in the Parish of St. Mary Sommerset in Queen-hith London 25 H. 6. devised the same to his two Daughters in tail and for want of such Issue to the Parson and Churchwardens of St. Michael and their Successors they yearly holding and making an Anniversary in the Church for the Soul of him and his Wife paying 6 s. 8 d. yearly amongst the Chaplains and others there and if the Parson and Churchwardens were remisse in holding Anniversary then the Parson and Curchwardens and Successors for that time should pay 20 s. of the Uses of those Lands Nomine poenae to the use of the Chamber of London The Devisor died the Land being of the yearly value of 10 l. 3 s. 4 d. The Daughter 's died without Issue the Parson and Churchwardens entred and took the profits and held the Anniversary and paid yearly the 6 s. 8 d. amongst the Chaplains c. et non ultra The Statute of 1. Ed. 6. of Chaunteries was found The sole Question in this case whether the Land or Annual Rent were given to the Crown by the Statute of 1 Ed. 6. of Chaunteries It was Resolved by the Justices in this Case that only the Annual Rent of 6 s. 4 d. was given to the Crown by the Statute and not the Lands for they said it had bin often adjudged that where a stipend was appointed to an Anniversary Obit Legacy c. there although the Land was given in the Premises the Crown should have but the stipend and in this case the intent of the Devisor was clear that the Parson and Churchwardens should have all the profits over and above the 6 s. 4 d. yearly to their own use Grills and Rigewayes Case 853. The case was A man was in Execution for debt and brake Prison and escaped The Sheriff made fresh Suit and retook him It was adjudged in this case no escape and it was holden that if the Prisoner who escapes be out of his sight yet if the Sheriff or Goaler take him upon Fresh Suit in recenti persecutione he shall be in Execution again 854. Note it was Resolved by the Justices that the breaking of a Dwelling-house in the night to the intent to rob or kill any one is Burglarie although that no person be in the house and if a man have two houses of Habitation which he dwells in by turnes if a Thief in the night breakes the house in which the person is absent it is Burglarie Austin and Twynes Case 155. It was Resolved in this case if two Churches one of the value of 10 l. and the other of 8 l. be within one mile of another the Ordinary may consolidate them and if the Patron and King confirm it the consolidation is good by the common Law and by the Statute pf 37 H. 8. 856. The King made the city of Gloucester a County with a clause of exemption from the County of Gloucester and of the power of the Officers of the County saving to the King and his Heirs Liberty for their Justices of Assize Goal-delivery and keeping Sessions there
Resolved it was a good Saving and that all Justices in their Sessions to be holden within the city might hear and determine Offences committed in the County but no offence done within the city though in the time of the Sessions Heydon Smith and others Case 857. Audita Querela The case was A. and B. seised of Capite Lands and P. seised of Soccage Lands they all three acknowledged a Statute of 8000 l. to R. A. and B. levyed two several Fines of their moyeties to C. and W. to the use of themselves and their heirs until default of payment was of certain Annuities and then to the use of C and W. they after default of payment sold the Lands to H. and D. H. released to D. who devised the Land in tail and died the Devisee in tail died without Issue the Wives of the Plaintiff were Heirs to D. to whom the third part of the Capire Land discended R. had extended the Lands upon Statute before the default of payment of the Annuities and before the Bargain and Sale and although he sued the extent against A. and B. and also P. yet the Sheriff extended the Lands of A. and B. and to defeat the extent and to have Restitution because the Land of P. was not extended the Audita Querela was brought The principal point in this case was if the Bargainee and those which claim under him should have no Audita Querela for the extent made before his time Another point was if the Coheirs should have an Audita Querela without the owner of the two parts all of them being Tenants in common and equally grieved with the extent The case is very learnedly argued pro con but not Resolved Salter and Botelers Case 858. A Rent was granted to A. his Executors and Assignes for the Life of B. out of Bl. acree A. died living a Cestuy que use The Executors of A. distreined for the Rent and averred the Life of B. It was adjudged the Distress was not lawfull because by the death of the Grantee the Rent was determined but if the Rent had been granted to the Grantee and his Heirs the Heir of the Grantee should have bin a special Occupant and he might distrein for the Rent Ewer and Moiles Case 859. In a Replevin by E. in the Kings Bench against M. M. being an Infant appeared there by Artorney also an Imparlance was entred Petit licentiam interloquendi usque and no day was named and Judgment being there given for these Errors the Judgment was reversed Boulton and Bastards Case 860. A. and his Wife seised in the Right of the Husband of the Mannor I. exchanged the same with S. and D. for the fourth part of the Mannor of S. A. died the Wife entred into I. and evicted it for her Life It was adjudged it was a defeating of the Exchange for ever because the exchange was of Land in possession and yet the Justices held that a Reversion might be exchanged for Lands in possession and Note It was said that unequall value or quantity in the one more then the other should not avoid the exchange but otherwise it is of unequality of Estate Stephen and Tots Case 861. T. and his Wife being divorced in the spiritual Court à thoro mensa The Father of the Wife devised a Legacy to her for which she sued the Plaintiff his Executor in the Spiritual Court he there pleaded the Release of the Husband which the Spiritual Judges would not allow of It was the opinion of the Justices in this Case that the Release of the Husband was good notwithstanding this Divorce Sparke and Sparkes Case 862. A man made a Lease for life and after made a Lease for 99. years after the death of Tenant for life if the Lessee for 99. years should so long live and if he dyed within the Terme the Lessor granted that the Land should Remain to his Excecutors and Assignes for 21. years after the death of the Survivor of both the Lessees The Lessee for 99. years granted the Lease for 21. years rendring Rent and dyed Intestate having survived the Lessee for life the Administrator brought Debt against the Assignee of the Terme for 21. years for the Rent It was adjudged that the action did not lye because the Contingent foe 21. years never vested in the Lessee for 99. years the Intestate nor ever was in him to dispose or grant Bridge and Atkins Case 863. Words viz. Thou art an old perjured Knave and that is to be proved by a stake between the ground of such and such adjudged that for these words the Action did not lye Bothes Case 864. He was arraigned of Felony for a second forgery after Cónviction of a former forgery in the Star Chamber upon the Statute of 5 Eliz. of writings concerning the Lands of I. S. In this Case Resolved that no Accessary can be in Forgery but all one principally 2. Resolved that for Felony the Kings Bench might commit one to the Fleet or unto any other Prison and also that a Prisoner who is condemned to perpetual Imprisonment was not Baileable nor Removeable Shaw and Norwoods Case 865. A man by his Will devised 40 l. to two Infants equally the Executrix delivered the money to one to whom the Defendant was Executor who made a Bill testifing he had received the 40 l. to the use of the Infants one of the Infants dyed Intestate his Administrator brought Debt against the Defendant the Executor of the Baylee It was adjudged the Action was maintainable and the specialty although it was not made to the Infants yet it was a sufficient Testimony of the debt Fort and Wards Case 866. A Copyholder had Common of Estovors in the Lords Woods appurtenant to his Copyhold and he purchased the Freehold of Inheritance in the Copyhold and had words in his deed of purchase of all Commons appertaining to the said Messuage Yet it was adjudged that the Common which he had to the Copy estate was extinct but if there had been special words in the Grant of the like Common as he had in the Copyhold before the surrender it had been good and as a new grant of Common Morgan and Slades Case 867. It was Resolved by all the Justices of England that an action upon the Case upon Assumpsit lyeth upon every contract Executory as well as an Action of Debt Seymayne and Greshams Case 868. G. and B. were Joynt Tenants of a house in Lond wherein they had several goods B. acknowledges a Statute and dyed a Writ of Execution came to the Sheriff of Lond. who came to the house with a Jury to extend the goods of B. G. seeing them and knowing the Cause of their comming to the intent to frustrate the Execution shut the Door of the house so as the Sheriff could not do Execution For which the Plaintiff brought his Action upon the Case and layd it to be to his damage of 2000 l. It was adjudged against the
817 Wells and Fentons case 822 Web and Hargraves case 835 Williams and Greens case 836 Worleys case 842 Walter and Pigotts case 845 Whetstone and Mintons case 852 Webster and Allens case 873 Ward and Lakings case 876 Wilmot and Knowles case 884 Ward and Sudmans case 894 Westby Skinner and Catchers case 902 Wiseman and Jennings case 904 Wilcoks and Hewsons case 920 Wilcocks and Greens case 934 Wood and Bucklâ—ys case 936 Waâ—ley and Mosleys case 947 VVortesleys case 956 Worleys case 959 Williams Vaughans case 1014 Whitlock and Hartwells case 1015 Waltham Mulgars case 1017 Sir Will. Walter and Hangers case 1055 VVheeler and Heydons case 1056 VVrights case 1064 VVorral and Harpers case 1065 Eliz VViimots case 1093 VVhite and Halls case 1097 VVeaver and VVards case 1126 VVindham Kemps case 1134 The VVeavers of Newberries case 1140 VVood and Shirleys case 1149 VVhitlock and Hardings case 1152 VValter and the Dean and Chapter of Norwiches case 1157 VVilkings and Perrotts case 1161 VVatbrooke and Griffiths case 1163 VVinscomb and Pulisons case 1164 VVolley and Davenants case 1182 VVray and Clenches case 1203 Y. YArdley and Prestwoods case 435 Yelverton and Yelvertons case 442 Yelding and Fays case 458 Yotes and Goths case 882 Yelland and Fiches case 1026 Yardley and Ellices case 1107 Z. ZOuch and Bampfields case 382 ☞ THere is newly extant an ABRIDGEMENT of the Three Volumes of the REPORTS of Sir George Croke Kt. of all such Select Cases as were adjudged in the Courts of Kings Bench and Common Bench during the Raigns of Q. Elizabeth King James and King Charles Collected by the Author of this Abridgement AN ABRIDGEMENT OF THE REPORTS OF Sir FRANCIS MOORE Knight Serjeant at Law Mich. 1. Hen. 7. Capell and Churches Case A Writ of Right Patent in the Court of the Castle of Rising of the King was directed Balivis suis de Rising whereas the proceedings were senatoribus Curiae held good because the Paylifs are to make the Sommons and the suitors Justice Capell and Aprices Case 2. Replevin The Defendant avowed That A. and B. held the Mannor of H. and divers Lands of the Bishop of London parcel of the Bishops Castle of S. by Homage Fealty Escuage and by the Rent for Castleguard pro reddit auxil Vic. The Defendant pleaded That the Castle was utterly decayed and as to the auxil Vic. demurred in Law The Plantiff was Nonsuit but the Rents are still paid to the Bishop though the Castle be decayed Cleydon and Spensers Case 3. Resolved That if an Executor with his own proper monies pay a debt due by the Testator he may retain so much of the value of the goods of the Testator in his hands Case of the Sheriffs of London 4. The Custome of London is That if a Villein remaineth in the City by the space of a year and a day without any Claime made of him he may all time during his life live in the City Free 5. Resolved by the Justices That that which is written after the words In cujus rei Testimonium is parcel of the deed aswell as that which is written before it 6. Resolved It is no principal Challenge That a Juror is endebted either to the Plaintiff or Defendant 7. Resolved In a Replevin That one of the Jurors was Steward of the Mannor to the avowant is a principal Challenge 8. Two are bound each to other to stand to the award of Arbitrators They award that the one shall make a Lease for years to the other rendering Rent to the Lessor the Lease is made the Rent is not paid adjudged the Bond is not forfeit because Distresse or Debt are proper remedies for the Rent contr if it be awarded the Lessee should pay the Rent 9. Debt for not performance of an Arbitrament Adjudged It is no plea generally That he hath performed it but he must show how he hath performed it 10. Resolved It is a good Challenge to one of the 4. Knights who come to impannel the Grand Assise that one of them is maried to the Plantiffs daughter and the other 3. shall try it 11. If a submission be de jure titulo possessione of certain Lands The Arbitrators cannot award that one of the parties shall procure the Lord of the Mannor to grant a Copy holdor that a stranger shall release because out of the submission Frances Case 12. Resolved That the King by his Letters Patents cannot grant the Lands of a Lunatique to another to take the profits to his own use because the King himself is not entitled to them for his own use but for the use of the Lunatique his Issues Wife c. Otherwise it is of an Ideot for then the King hath the profits to his own use making allowance to the Idiot for his keeping Levet and Lewknors Case 13. An Executor recovered in Debt and then dies Intestate and the Ordinary commits Administration de bonis non c. Resolved the Administrator shall not have a scire fac upon the Judgement but a new Action of Debt as Administrator to the first Intestate Sir Godfrey Foliambs Case 14. Quare Imp. The Case was A. seased of the Mannor of D. to which Mannor an Advouson was Appendent granted the next Avoydance to B. and D. eorum cuilibet conjunctim divifim haered executor assignis suis The Church voyd B. presents D. to the Church adjudged That the presentment of him was good though he was one of the Granters 15. The Husband is entitled to Land in the Right of his Wife Resolved The Husband alone without joyning the Wife in the Writ shall have an Action upon the Statute of 8. H. 6. because the words of the Statute are Expulit disscisivit 16. A man was indicted for a Robbery done in the Foot way leading from London to Islington Resolved That he should have his Clergy because the Indictment is not of a Robbery in alta via regia nor in the High way but in a Foot way Vaughan and Lord Burghs Case 17. In a Writ of Prohibition there wanted the word Ostensurus Resolved though after Issue joyned that the Writ was amendable by the Statute Baker and Brooks Case 18. A Parson granted an Annuity of 5 l. issuing out of his Rectory pro Consilio impenso to I. S. Habend recipiend to the said I. S. and his Assignes The said I. S. granted it over to I. D. Resolved That the grant of the Annuity was good and the Assigne may have Debt for it 19. Wast was brought against Lessee for years He pleaded in Barre an Accord which was executed Adjudged to be a good plea. 20. Resolved by the Justices That the Master cannot Sollicite Counsel nor give Mony to Counsel in an Action brought against his Servant for his Servant but yet he may give what is due to his Servant for his Wages to Counsel for their Fees and it is not maintenance 21. Resolved That the Lord in Ancient Demesne shall
of the Justices that for want of Certainty no use is created by the said Covenant and Consideration but the same amounts to a Covenant and no more and the words Discend come and remain cannot create an Use but to the Heir apparant only 254. In Trespas the Case was The Custom of a Mannor was Quod quilibet tenens per Copiam poterit dimittere terras suas for life in Fee or alâ—ter and that a Woman Cooperta viro poterit devise her Copyhold Lands to any other or to her Husband by the assent of the Husband The Court held that the custome was not unreasonable but because it was poterit devisorre where it should be usi sunt devisorre and also because it appeared that the Plaintiff was Tenant in Common with the Defendant It was adjudged against the Plaintiff 255. A seised in Fee of a Messuage and of divers Lands time out of minde occupied with it let parcel of the Lands to a stranger for years and afterwards made his Will in this manner viz. I will and bequeath to my Wife my Messuage with all the Lands thereunto belonging in the occupation of the Lessee and after the decease of my Wife I Will that it with all the rest of my Lands shall remain to my Younger Son It was the opinion of the Justices that the Wife should not have the whole but only that which was Leased before and therefore that the remainder thereof could not be in the Younger Son till after the death of the Wife and that till the death of the Wife the Eldest Son Heir at Law should enjoy it 256. A man bound himself in an Obligation that he and his Wife would levy a Fine upon reasonable request of the Obligee he made the Request the Wife being very sick so as she could not travail Resolved that her sicknesse did save the Obligation from being forfeited 257. A Copyholder in Fee by License of the Lord made a Lease for years Rendring Rent and having Issue a Son and a Daughter by one Woman and a Daughter by another dyed his Son within age who before any Rent incurred or any admittance dyed Adjudged The Eldest Daugter should have the Land and that the discent of the Reversion is possessio fratris quae facit sororem esse haeredem Kenrick and Burges Case 258. A Lease in Reversion for years was granted to I. S. who dyed Intestate his Wife assigned it to B. and afterwards took Letters of Adminâ—stâ—ation and made an Assignment of it to the Plaintiff Resolved that the last Assignee should have it Trinit 25. Eliz. in Exchequer The Queen Her Almoner and Coxeheads Case 259. The Case was I. S. Anno 9. of the Queen took the Office of Bayliff of the Hundred of A. and 11. Eliz. became indebted to the Queen by Obligation and 13. Elz. he being seised of Land Covenanted with C. in Consideration of Mariage with his daughter to stand seised to the use of himself for life and after to the use of C. and the Daughter in Tail and afterwards he took the Office of Woodwardship of the Mannor of S. and became indebted for that also and then granted a Rent Chaâ—ge for years out of the Land and then C. and I. S. joyned in a Fine to the use of the said I. S. for life the remainder to C. and afterwards I. S. having purchased the Rent and possâ—ssâ—d of goods and Chattells because Felo de so for which his Lands and goods were seized It was the opinion of the Justices the Almonor had no title to his goods because the Patent did not extend to the goods of a Felo de se against the Queen for her debt because it wanted the Words Licet tanget nos and that the Lands and goods of the said I. S. were chargeable as well for the debts which were due by the Obligation as also upon the accompt aswell before the Conveyance as after Wherefore C. paid the Queen her debts and had the Lands cleered Newtons and Barnardines Case 260. A. had Issue 3. Sons F. R. and G. F. dyed his Wife with Child The Father A. devised in this manner viz. To the Child my Son F. his Wife now goeth with 28 l. yearly to be paid to the use of the Child for 20 years And if my Son R. dyeth before he hath Issue of his body so as my Lands discend to G. before he come of the age of 21. years then my Executors shall occupy it till G. be of the age of 21. years the Father dyeth R. enters a Daughter is born who enters and lets the Land to the Defendant rendering Rent It was adjudged That R. in this Case had an estate Tail by Implication of the words of the Will and that the entry of R. was a Lawfull eviction of the Terme and destroyed the Rent Hâ—dons Case 261. It was Resolved by the Justices in this Case An Abbot made a Lease for 8. years of Lands of the possession of the Abby a Copyhold estate being in esse at the time that it was an estate in being as did make the Lease for years void by the Statute of 31 H. 8. of Monasteries The Case of the Skinners of London 262. In Intrusion the Case was A. a Cittizen and Freeman of London seised of divers Messuages and Tenements of the yearly value and profit of 30 l. 6 s. 8 d. by his Will before the Statute of 1 E. 6. devised the same to the Corporation of Skinners and that 42 s. 8 d. thereof should be imployed upon an Obit and 12. Marks yearly thereof upon the Priest and the Residue to be imployed upon poor men of the Corporation decayed by misfortune who inhabited the said Messuages and Tenements and appointed the said poor men to pray for his soul and further with the profits to repair the Messuages and Tenements and after the Statute of 1 E. 6. of Chauntries was made It was the opinion of the Court 1. That Lay Corporations are Excepted out of the Statute for their Lands which they have to increase their Treasure for the good of the Corporation but not for Lands which they have to imploy to superstitious uses 2. Resolved that all the money which was given for the Obit and the finding of the Priest was a superstitious use and given to the King by the Statute but that which was given for the maintenance of the poor men and although it was appointed them to pray for his soul which was a precept suteable for that time and which was given for the Reparations of the Messuages c. was not given to the Crown by the said Statute and Turnors Case was vouched to be adjudged Where Land was given to the intent that his Feoffees should keep an Obit with so much of the profits of it as they should think fit in their discretions that the Land thereby was not given to the Crown but so much of the yearly Rent as the Feoffees imployed to that purpose
not avoid it and therefore Resolved that it was a joynt Estate and that the Proviso should not sever it Hudson and Lees Case 402. In Appeal of Maihem The Defendant pleaded that the Plaintiff had brought an Action of Battery and recovered therein for the same Battery and Wounding upon which the Appeal was brought and it was adjudged a good and sufficient Plea in Bar. Lee and Lees Case 403. A. had three Sons F. I. and G. he devised his Land to I. for 21. years to the intent to perform his Will and pay his Debts and he made him his Executor and if I dyed within the Term then G. to have the like Term as I. had and G. then also should be his Executor and devised the Land to F. in tail the remainder to I. in tail the remainder to G. I. entred F. died without Issue I. had â—ssue P. the Defendant and died within the Term It was the opinion of the Court That if Land be devised for years to one and if he die within the Term that another shall have the residue of the years that no Act of the first can prejudice the Remainder of the second but otherwise if one who hath a Term deviseth his Term with such a Remainder and a difference taken between a devise of the Term and a devise of the Land Beverley and Cornwell 's Case 404. Note in this Case which Case vide before That if any Advowson comes to the Queen for forfeiture by Outlawry and the Church becomes void and the Queen presents and then the Outlawry is reversed for Error yet the Queen shall enjoy the Presentment because it came to the Queen as a profit of the Advowson but if the Church be void at the time of the Outlawry and the Presentment is forfeited as a Chattel principal and distinct and then the Outlawrie is reversed the party shall have restitution of the presentment More and Hales Case 405. The Case was A Vicar let his Viccarage and all his Glebes and Tythes to I. S. for 21. years rendring 22. l. rent to him and his Successors which Lease was confirmed by the Patron Dean and Chapter the Lessee assigned over his Term to the Plaintiff and averred the Rent was the usual Rent The Plaintiff devised the Viccarage to the Defendant rendring 30. l. per an and for not payment of 15. l. half a years Rent brought debt The Defendant pleaded the Statute of 13 Eliz that no Lease of a Benefice with Cure should continue longer then the Lessor should be resident serving the Cure without absence 80. days and averred the Viccarage was a Benefice with Cure and that before the Rent day the Lessor died and that I. R. was made Vicar Whether the Lease was void the Court was now divided in opinion But vide in Cro. 3. part 131. It was Resolved that in this Case the Lease was void by the death of the Lessor Page and Griffiths Case 406. Ejectione firme the Case was Lessee for Life bargained and sold the Land to one and his Heirs and afterwards 14. Eliz he suffered a Recovery thereof to the use of the Bargainer It was adjudged that the suffering of the Recovery was a forfeiture Spitle and Davies Case 407. A man devised Lands to his youngest Sons Proviso If his Sons oâ— any of their Issues devise any of the Lands before their age of 30. years then the others shall have the Estate the eldest Son made a Lease thereof before his age of 30 years the youngest Son entred and before â—he 30. years ended aliened the Land the eldest Son entred Resolved 1. It was a Limitation 2. That when the younger Brother hath once entred for the Alienation then the Land is discharged of the Limitation Vide Owens Rep. 8. the same Case Ever and Asâ—ons Case 408. The Custom of a Mannor was That if any man had a Wife who was a Copyholder in the Fee of the Mannor and had Issue by her that he should be Tenant by the Curtesie of the Land It was found that A. a Copyhold was seised and had â—ssue a Daughter who was married to I. S. who had Issue A. died his Wife entred the Wife died before admittance The points were 1. If Ejectione firme did lie upon a Lease made by Copyholder 2. If by the entry of the Husband without admittance of the Wife he should be Tenant by the Curtesie The Court doubted of the first point but for the second were of opinion that the Husband was well entituled to be Tenant by the Curtesie before admittance of the Wife and the delay of the admittance by the Lord should not prejudice the husband being a third person Bewacorn and Caters Case 409. Sir Ralpâ— Rowlet possessed of a Term of years devised the same to Sir Robert Cutlin Lord Chief Justice during his Life and after to a strarger and made the said Sir Robert with the Lord Keeper and others his Executors and died The Executors writ their Letter and annexed the Will unto it to Doctor Dlae praying that because they could not attend the Execution of the Will that he would condition the Administration to I. S. which he did so reciting in his Register Quia Executores distulerunt adhuc differunt executionem Testamenti Afterwards Sir Robert without assent of the Administration entred into the Term and devised it The point was if the Letters so written was a Refusal of the Executorship It was Resolved by the Justices after the Case had been argued by the Civilians in Court that it was a Refusal of the Executorship Osborn and Gameones Case 410. The Case was I. levyed a Fine of 48 â— 8. d. Rent charged in W. to I. S. and his Heirs and the use was to such persons as I. S. should declare who afterwards declared the use to I. D. and his Heirs and the Defendant in a Replevin avowed as Bayliff of I. D. It was demurred unto because he did not shew any Attornment The Question was If Cestuy que use of a Rent in esse grant a Rent by Fine after 27. H. 8. might avow without attornment Quaere not Resolved Ognell and Pastons Case 411. In Debt in the Exchequer The Case was W. and F. acknowledged a Recognisance of 200. l. in the Chancery to the Plaintiff for payment of mony at a day to come they failing upon two Scire facias issued and nibil returned a Levari fac issued to the Sheriff of N. and afterwards a Capias ad satisfaciendum to the Defendant the Sheriff who arrested W. the said W. being then in his Custody upon an Indictment of Felony who after upon his arraignment was found Guilty of the Felony and afterwards he escaped being let at large The points were First if a Capias did lie upon a Recognisance in Chancery Second if it did not lie yet if it was void or voidable Third if the Conviction of Felony had discharged the Execution Resolved That if the Chancery had consideration of
King cannot pardon Murder by pardon of feloniam feloniacam interfectionem without a special non obstante of the Statute 980. Resolved by the Justices that if an Executor pay a Debt due upon a present Obligation it is no Devastavit though there be a Statute or Recognisance broken for not performance of Covenants Ellis and Warâ—es Case 981. Debt The case was W. was endebted to A. 100 l. upon an usurious contract and A. was endebted to E. the Plaintiff 100 l. a just Debt for which W. and A. were bound to E. In Debt brought upon this Obligation W. the Defendant pleaded the Usury betwixt him and A. The Plaintâ—ff said that before that bond upon usury W. was indebted to him and bound for his debt and that he knew not of the usurious Contract betwixt W. and A. It was Resolved the Obligation made by W. the Defendant was a good bond pro vero debâ—to and that it was not usury in the Plaintiff and the usurious Contract betwixt W. and A. should not prejudice the Plaintiff Hall and Trusseâ—ls Case 982. Debt brought against the Defendant the Defendant pleaded an Attainder of himself after the debt due to the Plaintiff adjudged no plea. Oldcot and Levells Case 983. It was Resolved in this Case That a surrender by Tenant in Tail of a Copyhold was not a Discontinuance Also that a surrender by Tenant for life to the use of another in Fee was not a forfeiture 984. Note it was holden by the Court That if one will turn the extent upon the extendors for extending the Lands or goods at too high a Rate he must do it at the first day of the Return or not at all Griffith and Smiths Case 985. A man possessed of a Term for years of a Rectory and Lands devised the profits thereof for so many years as he should live and after he devised the profits to 20. of his poor Kindred and that after the death of his Wife the Rectory should be let by the advice of his over-seers and the Rent distributed to his said poor Kindred and made his Wife his Exâ—cutrix It was Resolved in this Case by all the Justices in the Exchequer Chamber that although a devise of the profits is a devise of the Land it self if there be no other circumstance in the Case yet because in this Case the devisor hath declared that the poor Kindred should not have the property oâ— the Term and he appoints a Lease to be made for Rent and the Rent to be distributed amongst them that the Executors should have the Term upon the Consideration to make the Lease and distribution and that the poor Kindred had only Trust and no Interest in the Term. 986. A man having spent his estate and living in great necessity said to his Wife that he was weary of his life and that he would kill himself The Wife said that then she would dye also with him he prayed her that she would go and buy Ratsbane and they would drink it together which she did and put it in drink and both of them drank of it the Husband dyed but the Wife recovered by vomiting Quâ—re if it was Murder in the Wife Not Resolved Baker and Bacons Case 987. The King having by the Statute of Dissolution all the Tyâ—â—es within St. Edmonds-Bury granted omnes decimaâ— nostras grandrum soem es in Buâ—y Sancti Edmundi Ac omnes alias decimas nostras infra Bury praedict ' quas Eleemosynaâ—â—us monasterii praedicti colligere solebâ—t Resolved that the Tâ—thes passed which the Almoner used to collect and that the Relation is to be expounded to the ac omnes alias decimas and not to the whole sentence 988. Note Tr. 2 Jac. in the Star Chamber It was Resolved by all the Justices of England that the Deprivation of â—uritan Ministers by High Commissioners for their refusal to conforme themselves to the Ceremonies appointed by the late Canons was Lawfull because the King hath the supream Ecclesiastical power which he hath delegated to them by which they had power of the Deprivation by the Canons of the Realm and the Statute of 1 Eliz doth not give them any new power but explaines and declares their ancient power 2. Resolved that the King may without Parliament make Institutions for the Government of the Clergy and may deprive them if they do not obey them and so the Commissioners may deprive them but they cannot make any Institution without the King 3. Resolved that to frame Petitions and to collect hands of multitudes of people to prefer to the King publike causes is an offence finable at discretion and deserves the punishment next to Treason and Fellony because it tends to raise Sedition Rebellion and discontent amongst the people 989. It was Resolved by all the Justices of England That Clergy is not allowable for Piracy upon an Indictment upon the Statute of 28 H. 8. unlesse the Piracy be done in a Creek in which the Common Law before the said Statute had Jurisdiction but not if it be done in alâ—o mari for such is felony by the Civil Law in which no Clergy was allowed 2. Resolved if the King pardon all Felonies by the Common Law or any Statute Felony done super altum mare is not pardoned Adyn and Ayâ—es Case 990. A Fieri sacias went to the Sherâ—ff â—o do Execution he seised certain Wood and after 〈…〉 discharged of his Office he â—old the Wood for satisfying the Execution It was adjudged that the sale was good upon the Statute of 34 H. 6. cap. 5. because he was charged with the value Sheldon and Handburyes Case 991. A Woman in the time she was separated from her Husband got a sum of money and with it bought Lands and took an Assuâ—ance thereof in the name of B. in trust B. lying sick at the request of the Woman made a Lease for 200. years to S. the Plaintiff upon condition he should pay the profits to the said Woman and also if B. lived to the first day of June following and then paid 12 d. to S. the Lease should be void B. lived to the day but did not pay the 12 d. but afterwards for 100 l. he made Lease to the Defendant with Covenants to save the Lessee from all Incumbrances B. dyed S. not having notice before of the Lease made to him entred It was the opinion of the Justices in this Case that the Lease made by B. to S. at the request of the Woman in part of the performance of the Trust was not a fraudulent Lease within the Statute of 27 Eliz to defraude purchasor because he was in Conscience to perform the Trust to one who did not direct any second sale also at the time of the second Lease the power to revoke was void and the first Lease absolute Holder and Farleyes Case 992. Resolved that if a Woman be dowable of a Copyhold by Custome if the Husband after the Marriage make a Lease for years
discharge of all Quarrels c. It was objected the Award was void because the Submission did not extend but to Quarrells depending at the time of the Submission which was in January and the Award is of all Quarrels c. which shall be intendable at the time of the Award It was adjudged for the Plaintiff for that it doth not appear that there were any new Quarrels risen between the Submission and the Award and if there were any such it ought to have been shewed on the Defendants part Heard and Baskervills Case 1176. Rplevin The Defendant avowed for Rent granted 12 E. 1 and shewed the discent to such an one whose Heir he is but did not shew how he was Heir It was the opinion of the Court that he is not to shew how Heir in the Writ but in the Declaration and the shewing how Heir is but matter of Form because not traversable but Heir or not Heir is only Issuable and therefore upon a general Demurret it is helped by the Statute of 27 Eliz. But not pleading of the Deed of the Rent shewed in Court or hic in curia profert is matter of substance not aided by the Statute Speak and Richards Case 1177. The Plaintiff sued Execution upon a Recognizance of 2000 l. acknowledged to him in Chancery by I. S. and others and upon two Nihils retorned upon two Scire fac in Middlesex a Levari issued to the Sheriff of S. the Defendant who retorned he had levyed 500 l. towards the satisfaction of the Plaintiff and that he had it ready to deliver to the Plaintiff and because upon this Return upon request of the Plaintiff he had not paid it him he brought Debt against the Sheriff The Defendant as to part of the 500 l. viz. 300 l. pleaded nihil debet to the 200 l. he pleaded payment and thewed an Acquittance the Plaintiff demurred Judgment was given for the Plaintiff for the 300 l. and for the 200 l. nihil capiat per breve because the Recept and the Acquittance is confessed by the Demurrer Davison and Barkers Case 1178. Information upon the Statute of 5 Eliz. for using the Trade of a Bakes within the city of Norwich not having been an Apprentice seven years It was said that no penalty did rise to the Informer for a penalty which did accrue within the city of N. by reason of this branch in the Statute viz. All Amercements Fines Issues and Forfeitures which arise within any City or Town corporate shall be levyed gained and received by such persons as shall be appointed thereunto by the Mayor c. to the use of the same Cities The Justices were divided in their opinions vide Croke 1. part 130. and Hob. Reports 183. where this Case seems to be Resolved Rynes and Mophams Case 1179. Action upon the case that he lent the Defendant his Mare at C. to plow the Defendants Land at P. and safely return her two days after and the Defendant overwrought her so that she died The Venire was of C. only where the Mare was delivered and not where she was labored and therefore the Judgment was reversed Harbin and Greers Case 1180. Action upon the case A custom was alledged That all the Inhabitants of certain Messuages holden of the Bishop of S. had used to grind their Corn which they used to spend in their houses or should sell at certain Mills called the Bishops Mill in S. and not elsewhere without the License of the Bishop It was adjudged the custom is void and unreasonable to grind all their Corn which they should sell Dembyn and Browns Case 1181. A Rent was jointly granted to husband and wife the husband died the wife took Administration of his Goods and as Administratrix brought Debt for the Arrearages incurred in the Life of her husband Adjudged the Arrearages were due to her in jure proprio and the naming of her Executrix of her Husband was Surplusage Wolley and Davenants Case 1182. A Scire fac against the Bail he pleaded that the Principal reddidit se Adjudged it shall be tried by the Record and not by the Country and if the party render himself at the Bar and the Attorney of the Plaintiff is not there to pray him to be committed he shall be committed ex officio by the Court. Roberts Case 1183. A man 25 H. 8. seised of an House and Lands made his Will in these words viz. I bequeath to L. my wife my house in P. with all the Lands thereunto belonging during her Life and after her decease I make A. B. C. and D. Feoffees in the said House and Lands to see the house kept in reparations and the rest of the profits of the same Rents after the discretion of the said Feoffees to be bestowed yearly upon the Reparation of the High-ways of W. and the Town The Devisor and his wife being both dead It was a Question the Will being made before the Statute of 32 H. 8. and the Land not in use whether it be an appointed Limitation or Assignment within the Statute of 43 Eliz. of Charitable uses It was Resolved that the said intended Devise was a Limitation or an appointment to a Charitable use to be relieved within the said Statute of 43 Eliz. Sir Tho. Middletons Case 1184. Sir Thomas Middlenon received 3000 l. from Queen Eliz. for the payment of the Soldiers which returned in the voyage made by Sir Francis Drake and Sir John Hawkings The Captains Mariners ane Soldiers made a voluntary constitution that every Mariner and Soldier should abate so much a month out of their pay to be imployed for the relief of the Mariners and Soldiers which were maimed or hurt in that Service of which abatement there was 300 l. in the hands of Sir Thomas Middleton It was Decreed upon a commission upon the Statute of 43 Eliz. that this 300 l. was a charitable use within the Statore and Sir Thomas was decreed to pay the money to the said use Rivers Case 1185. A Copyholder in Fee devised 14 Acres of his Copyhold Lands to his Son and his Heirs upon condition to employ the profits thereof for the Relief of the poor of S. for ever and died no surrender being made to the use of his Will either before or after I. S. purchased this Copyhold Land upon a Commission upon the Statute of 43 Eliz. this charitable Use was found and that the profits had not been employed accordingly It was decreed that the Purchasor having notice of the said charitable use should pay 12 years arrearages according to the value of the Land at 7 l. 10 s. per annum to be paid for ever by the Purchasor and his Heirs for the relief of the Poor and that he and his Heirs should hold and enjoy the Lands for ever Vochel and Dancastels Case 1186. In Debt for Rent upon a Lease for years the Defendant pleaded that the Lease was made to one H. and the Defendant and that H. his Companion 1