of Wight is parcel of Hamp-shire and Wales and Ireland are parcel of the Realm for Writs of Errour lie c. And I think it is very true Hollinshead description of Britain fol. 16. b. that the Isle of Man was then no parcel of the Realm for the first mention thereof in any Chronicles is the same year that England was Conquered by the Normans for when Harold had at Stainford-Bridge Conquered another Harold that was King of Norway one Gordard the King's Son of Ireland fled to the Isle of Man in time Conquered it and made himself Lord and Landlord of all the Isle So as to this day there is not a Free-holder in that Island but all are Tenants to the King of that Country It is about thirty miles long and fifteen miles broad it is not governed by any written Laws or Courts of Record but all their Controversies are ended by Arbitrators whom they call Deemsters When King John Conquered Ireland he sent Forces into Man and wasted it all but seated no Government there 1240. One Harold of the Norway Line was received and was invested in the Kingdom of Man by the King of Norway and yet afterwards he was made Knight by the King of England 1250. Or thereabouts in King Ed. 1. time Alexander King of Scots having Conquered all the Islands either by Strength or for Money amongst the rest brought the Isle of Man under his Dominion the old King's Daughter sued to Edw. 1. as to the Supream Head of Scotland the Answer Sequatur coram Justiciariis de Banco Regis ut Justicia Edw. 2. granted it to Piers Gaveston but in Anno 1393. William of Mountacute by strength won it from the Scots as Thomas of Walsingham saith and sold it to William Scroop he was attainted and so it came to Hen. 4. The King of England he granted it to Henry Peircy to hold it by carrying before the King Lancaster's Sword but presently he was attainted and the King granted it to Sir John Stanley and so it came to the Earl of Derby Seman's Case 5. Reports A Man's House is his Castle and his Castle is his House Points upon the first Case 1. IF Tenant for years may attorn before Entry 21 H. 7. One makes a Lease for years and before the Lessee enter the Lessor releases to him the release is void One bargains and sells his Land to another and before the Deed is inrolled he attorns to the grant of the reversion and after the Deed is inrolled and the Bargainee enters 21 H. 7.28 H. 8. Dyer Debt for Rent lies before entry of the Lessee Litt. Lord and Tenant the Tenant makes a Lease for life the Lord grants the Seigniory to the Tenant for life in Fee the Tenant ought to attorn yet he shall not hold of the Tenant for life during his life 28 H. 8. Brook Tenant for twenty years makes a Lease for ten years Tenant for ten years attorns it is good 20 H. 6 7. A Seigniory is granted by Deed to one for life the remainder in Fee Tenant for life dies before attornment c. contrary if it were by Fine 11 H. 4.18 One who hath nothing in the Land must attorn as Tenant in Dower who hath assigned her Estate 2. The reversion of Tenant in tail is granted he commits Treason and attorns and is attainted 12 E. 4.3 Tenant in tail shall not be compelled to attorn but 15 E. 4.13 if he attorn voluntarily it is good Nor Tenant in tail after possibility c. 46. E. 3.13 39 E. 3.20 3 H. 6.12 5 H. 5. Attornment 17. One makes a gift in tail rendring Rent the Donor by Fine grants the Rent the Tenant in tail must attorn 8 H. 5.10 Tenant for life grants his Estate upon condition the Lessor grants the reversion Tenant for life attorns and after performs the condition yet the Attornment is void But all the question is upon the relation of the Office and this shall not vacate the Attornment for it shall not relate for the mean profits of the Land Sir VVilliam Fleetwood's Case Cook lib. 8. by the same reason if Rent were reserved it were well paid and well received and sufficient to invest the reversion in the Grantee 3. Adventurer to the East-Indies is within the Statute 4. Gardian of a Ship is within the Statute The Chancellor hath authority to award a Commission but not to grant Supers And therefore death of the King or a new Commission leaving out the old Commission may be but no Supers If the King present to a Benefice above 20 l. the Chancellor cannot make a revocation but as well in our Case as in that Case by Warrant under the Signet Privy Seal or Seal Manual the Chancellor may award Supers 6. Denizen of Ireland Points upon the Third Case 1. TEnant for life the remainder to the right Heir of I. S. makes a Feoffment in Fee upon condition and enters for the condition broken who shall enter for the forfeiture The Feoffer shall not enter for all is out of him by the Feoffment and he hath nothing but a possibility The right Heir of I. S. shall not enter for his remainder is destroyed The first Question is upon the Statute of W. 2. cap. 25. Whether if Lessee for years make a Feoffment by Livery within the view the Feoffer or Feoffee or both of them or neither be Disseisors 2. Upon Baron and Feme whether a Feoffment without Deed to the Baron and Feme and Livery only to the Feme invests any thing in the Husband 3. Upon the matter admit they are both Disseisors whether the release made to the Husband shall exclude the Wife it shall but in this Case where Tenant for years enfeoffes two and the Lessor releases to one he shall not hold out his Companion 4. Baron and Feme are Joynt-Tenants of a term and the Baron is made King what is become of the term and so of Freehold Whether the King shall have all or the Queen all or they remain Joynt-Tenants or Tenants in Common they are Tenants in Common 5. A Feme commits a Disseisin to the use of her and her Husband and the Husband is made King and the Disseisee releases to the King what is wrought if he can agree to the Disseisin being King 6. A Feme Covert Alien purchaseth the Husband is made King and Office is found 7. A Feme Covert purchaseth the Husband is made King if he can waive Points upon the Statute 1. IF one born in the Isle of Man is within the Statute 2. If Adventuring to Virginia is Merchandizing 3. If an Inn-keeper be within the Statute 4. If going to the Isle of Man be a Departing 5. If keeping of a Castle be a keeping of his House The Second Division Who shall be said a Subject born of this Realm or of any of the late Queens Dominions or Denizen 1. A. and B. Disseise C. who in consideration that A. at his request hath
but a Term passed then in whom was it till I. S. was made King in right of the Woman and that it shall remain no otherwise than a Man that hath a Term in the right of his Wife and is made King she shall have all her Inheritance and all her Terms no otherwise than if he were Dead 3 H. 7.14 The Queen and her Sisters were vouched as Heirs to E. the 4. A Baron and Feme Alien a Feoffment is made to the Feme the Baron is made King if upon Office found the King shall have the Land He shall not have it For the Baron being made King she is made a Denizen by relation to the Marriage which was to prevent the relation of the Office no otherwise than H. 7. being made K. it had such relation that it drowned all former Offences Forfeitures and Attainders whatsoever 7 E. 4.31 The King grants a Farm to the Baily and Commonalty of S. they are made Farmers and a Corporation 2 H. 7. A Lord infeoffes his Villain he hath the Land and his Freedom Grondon's Case Commentaries the King grants Land to a Corporation this is a Grant and a Licence in Mortmain Coke lib. 5.15 Tenant for Life grants a Rent charge to him in the reversion and his Heirs who grants it to one and his Heirs this is a grant and a confirmation A Disseisor makes a Lease for Life the remainder to the Disseisee the Disseisee grants this remainder over this is a grant and a confirmation A Parson makes a Lease to the Patron who grants it over this is an Assignment and a Confirmation A Feoffment is made to Baron and Feme the Baron is made King if the Feme can waive 1. Whether she can waive or not as a Feme may after death of her Husband 2. In whom it shall vest 3. How the release should work then 4. Whether a Feme Convert Disseisor can waive She may no otherwise than if the Baron were Dead for she shall have all her own Land and all her own Leases but not her Goods And it is not of necessity that she expect his Death for if a Feoffment be made to Baron and Feme and they are Divorced the Feme may waive In whom it shall vest Whether in the King or not because in a sort here was a partition But the question will be upon the release whether that shall relate to extinguish all the right of the Disseisee in all the Land as if the Case were Disseisor makes a Feoffment to Baron and Feme and I. S. the Baron and I. S. make partition the Disseisee releases to I. S. this inures only upon his possession for the half the Baron dies and the Feme waives I. S. hath all by Survivour yet shall not the release go to all Also by the waiver it cannot go to the King for that were to make him a Disseisor by the waiver it cannot return to the Lessee contrary to his Livery nor to the Lessor then will not this amount to an occupancy But in this Case the Queen cannot waive but still in regard of the Lessor she remains a Disseisor for if a Feme Covert be a Disseisor and her Husband die she shall not waive the possession for so for years and days she might take the profits and yet in the end pay nothing which were unjust 41 E. 3. An Infant may be a Disseisor and cannot waive a descent It may be probably alledged that she might waive for being a Feme Covert she may alledge ignorance of the matter of fact that is whether her Feoffer had but an Estate for years or was seised in Fee-simple and we find in our Books that great wrongs have been excused by the ignorance of a Man in what wrong he did and waiving the thing wrongfully taken As 22. Ass 85. vid. lib. faux imprison Heire son frere prise per Scots 7 H. 6.27 One brought an Action of Trespass for taking his Swans the Defendant pleaded that he was Lord of such a Mannor and that in a River within his Mannor he found the Swans and took them for strays but after he had notice whose they were he waived the possession of them and let them go this was a good excuse both of the Trespass and Damage 21 H. 6.14 One brings Trespass Quare filium suum rapuit c. He answered you married my Sister and had by her this Son and you being out of the Country it was reported you were Dead whereupon I as next kin to your Son seized him but when I heard you were alive I sent him home again to his Nurse Thus rightly did he waive and avoid his wrong for want of true intelligence which in Law we call Notice But in all those Cases these wrongs were with intents to do right and the parties were of opinion they were in the right but our case is of a Disseisor which is always intended a wrong-doer But you will say this Woman is no Disseisor at Common Law her entry was not malum per se but malum prohibitum a Statute Disseisor and she being a Feme Covert is not bound by Statute But I say she is bound by the Statute for in all Statutes where a Feme Covert is not expresly excepted she is bound as the Statute of 13 H. 6. Disseisin 1. per Martin Baron and Feme may both be Disseisors 35. Ass 5. Baron and Feme Disseisors Assise against the Baron sole abated 15 E. 4.15 Disseisin is made to anothers use the Disseisor is Tenant untill agreement 21 E. 4.53 Tenant is issuing out of Land of the Wife the Husband and Wife make a Rescous they are both Disseisors That as I have argued the Lessor enters his entry is congeable for a Moiety that is the Queen's part Tenant in tail makes a Feoffment to a Feme Covert without Licence the Husband dies the Feme waives Points upon the Statute AN Adventurer into Virginia is not within the Statute for although from time to time we send Trifles thither to exchange with the Savages yet the main drift and cause of our Traffick thither is for Plantation and Discovery and not for Merchandizing I hold the same of Greenland but not of Muscovia 2. He that is an Inn-keeper is within the Statute for he buys and sells again retail Ireland's Case in Smithfield 3. He was born in the Isle of Man the Statute is born within her Majesties Dominions or Denizen and I should have made small question but that one born within the Isle of Man is born in her Majesties Dominions if it were not for the Book of 11. H. 8. Kell fol. 202. It was found by an Office that the Earl of Derby dyed seised of the Isle of Man the Countess came and prayed to be endowed to whom Brudnell ex assensu Brook Fitz. Herbert and all the Kings Counsel said That the Office was void because the Isle of Man is not parcel of the Realm but the Isle
or Coroner be granted to one it cannot be granted over for such an Officer ought immediately to attend on the King without any mean for the office of a Sheriff as Sir John Davies saith well c. for life and I am of opinion that if this grant had been made before primo of E. 3. it had been a Tenure by grand Serjanty for then the Tenant could not alien without license upon pain of forfeiture But now it is otherwise so as I am of opinion that this grant being now made and in fee it was a tenure by grand Serjeancy for life in the first Patentee and his Patent was his Commission But when he doth alien or die it will be a soccage in Capite And yet if it should turn to be a Tenure by Knights service in Capite yet I shall maintain the case at latter end that the Commissioners may sell the land notwithstanding that the heir of the Bankrupt is within age and in Ward 2. A Bargain and Sale to Baron and Feme and a stranger and before inrollment they are divorced the Question is how they shall take as three several Jointenants or each shall have a third part or whether the husband and wife shall be jointenants for either of them a quarter part and the stranger a jointenant with them for a half part 35 Ass 15. It is plain that if one make a feofment to the husband and wife and a third person the Husband and Wife as one person take the one Moiety and th' other person the other Moiety vide Librum 7 H. 4. fol. 17. That they that be divorced the divorce will change and alter their estates as if Lands be given in tayl speciall to an Husband and Wife and then they are divorced the estate tayl is turned to a freehold and they are made jointenants by dividable Moieties whereas before they held by intireties and yet if they marry afterwards again they are Tenants in tayl again 3. 39 H. 6.43 The difference is taken between a feoffment before coverture and after for if it be before and then they intermarry if the Husband alien all and die the Feme shall have a Cui in vita but for a Moiety contrary if it be after marriage Copledikes Case 3. rep Baron and Feme jointenants the Baron suffers a recovery of all and dies it shall be good for nothing against the Wife But there have been many Questions raised how they shall take when a Conveyance is commenced before coverture and finished after or as our Case is when the Conveyance is commenced during coverture and finished after Divorce as if a reversion be granted to a man and Feme sole and they intermarry and the tenant attorns they shall take by entireties because by the Book of 48 E. 3. The Attornment shall not relate and yet if a Feoffment of a Mannor be made to a man Feme sole and they intermarry and then the Tenants attorn they shall be in of the whole Mannor by Moieties because in that case the Attornment will relate as it is proved by Longes Case which was Pa. 31 Eliz. Rot. 20 24. One made a Feoffment of a Mannor to which an Advowson was appendent the Church became void and the Tenants attorned it was adjudged that in this case the Attornment should relate and that the Feoffee not the Feoffer should present But in our Case here be two relations together the Relation of the Divorce and Relation of the Inrollment I have shewed that the Relation of the Divorce shall change their Estates and the Relation of the Inrollment will give it them as they were to take at the time of the ensealing of the Indent 6 E. 6. Bro. 6 E. 6. two Jointenants and one Bargains and sells all the Land and before Inrollment the other dies yet no more shall pass than the Party had at the time of the ensealing of the Deed. Surely the Deed relates to make them in by Intireties and the Divorce to make them Jointenants but shall this Relation of the Divorce change or alter the Estate of the third person And I take it this nothing at all concerns the Stranger nor shall it alter his Estate but it shall be as a matter of estopel binding the Baron and Feme but not to be respected of estrangers and this is proved by the writ of Cui ante divorcium for there the Feoffment of the Husband stood as a discontinuance till it was defeated Lex non oberit tertio extraneo prodesse alteri nemo tenetur sed obesse vetatur 48 E. 3.38 Tenant for Life the remainder for Life the remainder in Fee the first Tenant for life makes waste he in remainder in fee releases to him in remainder for life this shall not make him who was the first Tenant for life to be punishable in waste 43 E. 3.17 An appeal is brought against two as Principals and an exigent is awarded now the King is interested in their Goods they appear the Plantiff declares against one of them as principal and against the other as accessary the second desires to have restitution of his Goods he shall not for alteration of the plaint by and between the Plantiff and Defendant shall not by relation of any matter ex post facto prejudice the King or a third parties interest But before this Divorce A. grants the services to I. S. a Tenant to B. the Husband here ariseth three Questions at once 1. If one bargain to two and afterwards levies a Fine or Feoffment to one of them whether it be not such a disagreement to the former Contract as by that bargain the other shall have all and the Feoffee nothing and I think the other shall have all and the Feoffee or Conizee nothing 2. Whether if one bargain for a Mannor and before Inrollment the Bargainor grants by Fine or Feoffment parcel of the Mannor to the Vendee whether this destroys not the bargain for all It doth 3. There is Husband and wife and the Husband purchases by bargain and sale to him and his Wife and their Heirs and before Inrollment the Husband takes a Fine or a Feoffment of all and then the Deed is inrolled what shall the Wife have I think she shall have nothing For the first and for all these questions we must agree upon this ground which is set down in Hinds Ca. Coke li. 4. That if a man buy Lands by bargain and sale and before Inrollment he accepts of a Fine or a Feoffment he is in by the fine and the Inrollment is of no force The next rule is That if Lands be conveyed to two and the one will disagree in Court of Record or disclaim in the tenancy all vests in the other 17 E. 3. fo 6. a Placito 18. A gift in tail was made to the Husband and Wife and they had issue and the Baron died the Wife disagreed all descended to the issue 10 E. 4. fol. 13. The Tenant infeoffs