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
England did not call themselves Kings of Ireland but Lords of Ireland and the Parliaments of England bound them till 2 H. 7. and they are governed by the Laws of England And if a Denizen of Ireland bring an Action in Ireland and it be adjudged against him there he may have a Writ of Error in the Kings Bench here and reverse it and it is no Plea of the Defendant here to plead in abatement of the Writ of Error that the Plaintiff is an Alien which shews that if he be free of Ireland he is free of England as all born in Ireland are Authorities that Ireland is subject to the Laws of England and that their errors are to be corrected here viz. 15 E. 3. Fitz. Record 17. and error 72.34 As 7. 5 E. 2. Fitz. Error 89. Natura Brevium fol. 22. E. See Case de post nati 2 R. 3.12 Kelway 11 H. â— fol. 202. read this case 6. She is married to a Londoner being an Alien It may be questioned whether an Alien be capable of the freedom of London or not and I say he is but there be private orders that none shall be admitted or made free but if de facto he be made free then free he is till he be disfranchised 7. That the Wife of a Freeman of London may by the custom be a sole Merchant 1 E. 4. fol. 6. â—5 H. 6.28 9 E. 4.35 21 H. 7.17 Points upon the Statute 1. WHether such a Feme covert sole Merchant can be a Bankrupt I think she may for 〈◊〉 by the custom she may buy and sell and â—â—e and be sued then she is within the words of the Statute which is getting her living by buying and selling for otherwise the Statute would be deluded and the Londoners Wives only shall buy and sell and trade 2. Whether a Denizen of Ireland be within this Statute Besides the former Arguments see the words of the Statute which are c. But you must intend that she was made Denizen of Ireland by Letters Patents under the Great Seal of England and not of that of Ireland Note an old difference 3. Whether the Wife can be a Bankrupt within this Statute when the Husband because he is an Alien cannot be within the same As if an Alien marry an English woman and they with others rebel the Woman is a Rebel and a Traitor and if she be taken in the Wars she shall be executed in cold blood but the Husband is but as an Enemy and by the Law of Arms may be ransomed 4. But he is afterwards naturalized whether he be within the Equity of the Statute because he is not within the words But tantamount amplifie this with cases of tantamount and of qui potest majus minus potest si unico vincentem te à majori unico te 5. If a Feme Covert sole Merchant elopeing shall be a Bankrupt the difference will be when shee lopes carrying her Goods with her so as she leaves her Husband non solvent and when she leaves him sufficient for if such a Woman be indebted no doubt but the Creditor may sue her by the Custom in the Courts of the City or else he may sue the Husband alone at the Common Law But if he be non solvent her absenting of her self will make them both Bankrupt her as a Merchant by Custom and him to his folly to suffer her 6. Whether her Land shall be sold it shall foâ— it may be it was the credit of her land that procured her to be trusted 7. And it shall be sold after her death by the Statute of primo Jacobi of Bankrupts 8. Whether his Estate which he hath as Tenant by the courtesie shall be sold for the Estate of Dower of a Bankrupts Wife shall never be sold But I answer here the Land shall be sold and he shall not be Tenant by the courtesie First note in many cases where there shall be Dower but yet no tenancy by the courtesie as Payne's Case Lands are given to a Feme and to the Heirs Males of her body and she hath issue a Daughter and dies the Husband shall not be Tenant by the courtesie the same it is if the issue be ripped out of his Mothers belly after her death But here the Husband is particeps Criminis and a Bankrupt and his interest shall be sold for his debt for so were all the debts of his Wives making and his Wife traded in his right and for him if he so please and the Reversion shall be sold for the payment of the same debts for they were hers The first Division Who shall be said a Merchant or other person seeking his or her living by buying and selling 1. AN Inn keeper is indebted and absents him-himself he is a Bankrupt 2. A Feme Covert sole Merchant in London the Baron is outlawed the Feme is a Bankrupt 3. A Feme Covert sole Merchant in London elopes the Husband is non solvent the Feme is Bankrupt and her Land shall be sold 4. An Officer of the Court takes a Lease of the King of the sole Preemption of Tyn he is a Bankrupt for all debts he makes during his Term. 5. Such a Lessee pays not his Debts in seven years after his Lease expires and after he leaves off buying and selling of Tyn yet he is a Bankrupt But if his Creditors give him longer time after he hath given over and cancel their old Assurances and take new he is no Bankrupt 6. A Grasier that hireth Grounds and buys Cattle and feeds them and sells them again is a Bankrupt but if he grase his own Free-hold contrary 7. A Clothier that sets poor People a Work but himself doth nothing but buy Wooll and sell Cloth is a Bankrupt But if he work himself and keep Looms and Servants contrary 8. An Ironmonger in London is a Bankrupt but a Lock-Smith contrary 9. A Goldsmith Hammer-man is not a Bankrupt but a Goldsmith Shoop-keeper is a Bankrupt 10. A Gentleman Adventurer in Virginia is not but to the East-Indies is a Bankrupt 11. An Adventurer into Greenland is not a Bankrupt into Muscovia is a Bankrupt No Adventurers for Discovery and Plantation are within the Statute although they carry with them trifles to exchange and truck with the Savages for their end is not Merchandizing 12. A Nobleman hath granted to him the sole importing of Cards or Glasses is a Bankrupt but a Monopolist that hath granted to him the sole making contrary 13. A Tailor that useth to make apparel to Noblemen or Ladies and to buy the stuffs for them and sets higher prizes in Bills then the stuffs cost is a Tromper and a Deceiver but not a Bankrupt 14. But a Tailor in London whom we call a Salesman that keeps Shop of Apparel to sell ready made is a Bankrupt he is like a Clothier 15. No Handicrafts-man that is in the compass of the Statute of 5 Eliz. is a Bankrupt although he buy his Materials
wherewith he makes his Ware and sells his Ware again as a Shoomaker 16. A Vinter is a Bankrupt for he buys Wine and sells Wine but I doubt of a Brewer The second Division Who shall be said to be a Subject born within the Realm or Denizen 1. NO Ambassadors Children born in England can be for although they were born within the Realm yet they are not Subjects born 2. One born upon the Coasts of Denmark or the Low Countries is no Bankrupt but one born upon any part of the French Coasts or Brittany between Calice and the Isle of Oleron is a Bankrupt 3. One born in Ireland or the Isle of Man or in Garnesey c. or in Barwick is a Bankrupt but neither the ante nati nor post nati of Scotland are within this Statute but they are both within the Statute of primo the King 4. A Merchant Stranger is made Denizen upon condition that within seven years he shall marry an English Woman he becomes indebted and at five years end he marries an Alien and departs the Realm and before seven years end she dies and he marries an English Woman he shall be Denizen and Bankrupt within this Statute 5. A Merchant Stranger is made Denizen upon condition that he shall not depart the Realm and he departs yet he is a Bankrupt but if it were for anothers life contrary for that is not his own act 6. One is made Denizen of Ireland by Charter under the Great Seal of Ireland he is no Bankrupt but if it were under the Great Seal of England contrary 7. One naturalized by Act of Parliament is Bankrupt 8. A Merchant Stranger is sworn to Allegiance in the Leet or at Sessions and dwells here for twelve years by the Law of Nations this makes him subject to the King but not within the Statute for he must be a Subject born wherein he is different from an Ambassadors Son for he is born but no Subject and this contrary 9. Baron and Feme travel beyond the Seas by License a Son born there is not a Bankrupt yet he is a Subject but not a Subject born within the Realm 10. One born in England becomes a sworn Subject to the King of Spain and dwells and trades there for two years he is within the Statute and his Goods there shall be sold Doctor Story 11. A Merchant Stranger is naturalized without being sworn to the Supremacy or Allegiance he is a Bankrupt notwithstanding the Statute of 7 Jacobi cap. 2. The Third Division In what Cases and what matters make one Bankrupt as departing the Realm c. as in the second Division 1. A Feme Covert sole Merchant of London Elopes with her Goods into Scotland she is a Bankrupt 2. The Baron of such a Feme is outlawed for the Debt of the Feme the Baron and Feme are both Bankrupts 3. A Merchant departs the Realm to Merchandize and becomes indebted and to avoid arrests defers his return this doth tantamount as a departing of the Realm 4. One departs the Realm by License and becomes a Merchant and a Privy-Seal awarded against him he refuseth to return he is a Bankrupt 5. A Capias de excommunicato capiendo is awarded against one who for fear of Arrests departs the Realm he is no Bankrupt 6. The same for departing the Realm or keeping his House for fear of an Attachment in Chancery 7. A Merchant indebted keeps a Shipboard this is keeping his House 8. A Maltman becomes a Miller and he keeps in the Mill. 9. The King grants to a Merchant indebted the keeping of a Castle who keeps the same by colour of his Office but for fear of Arrests refuseth to come abroad to Church c. 10. A Merchant indebted departs the Realm to Merchandize and having loss by Tempest returns no more this is not a departing c. but an absenting himself 11. One recovers debt in the Admirals Court upon a Contract made upon the high Sea and the Defendant being a Merchant lies in execution in the Admirals Prison for six months he is a Bankrupt 12. An Apothecary is made Church-warden and being indebted keeps in the Church this is a keeping of his House 13. One hath no House of his own but keeps in another mans House and is a Bankrupt it is his House 14. There be now in England no Sanctuaries therefore all priviledged places where the Kings Officers cannot come and yet there is no Law nor Justice to be had judicially in the place is within these words of taking of Sanctuary 15. To keep in the Tower of London is no taking of Sanctuary but if the Steward or the Lieutenant be a Merchant and indebted and keep the Tower he is a Bankrupt 16. One takes Gray's-Inn is a Bankrupt yet they have no exemption from Officers but usus condo c. 17. One hath no House but an upper Chamber 7 E. 3. 18. One is outlawed he is a Bankrupt but if the Outlary be reversed for want of Proclamations all done in the mean time by the Commissioners is void but if it were reversed for Error contrary 19. One outlawed in the County Palatine of Durham is a Bankrupt but contrary in Ireland for the Record is not pleadable here 20. A Merchant hath a Rectory appropriate the Quire is not repaired the Tithes are sequestred no sequestration within the Statute 21. A Merchant ackowledges himself to be the villain of I. S. to defraud his Creditors he is a Bankrupt and yet his goods and body are not subject to Commission The fourth Division What Freehold Lands of a Bankrupt may be sold by Commissioners 1. A Merchant makes a Feoffment in Fee upon Condition upon payment of money to re-enter he becomes a Bankrupt the Commissioners may tender the money at the day and sell the Land 2. A Bankrupt is Tenant in Tail the Commissioners may sell the Land and the sale shall be as good as if it were by Fine for Tenant in Tail by Fine c. may lawfully depart with the Land 3. One hath a Lease for years upon condition to have in Fee the Commissioners may sell the Term and possession 4. Land is devised to a Bankrupt the Commissioners may sell and the Bankrupt shall not wave the devise 5. A Bankrupt hath a villain and manumits him the Commissioners shall not sell in favorem Libertatis 6. A Baron useth merchandize and is nonsolvent the Commissioners shall not sell his Barony 7. A Rent seck whereof is no seisin shall be sold and good without Attornment 8. All Offices of inheritance shall be sold as the Wardenship of the Fleet or a Jaylor by inheritance contrary of all Offices of trust that are but for life 9. A Monopoly granted to one and his Assignes as the sole making of Cards c. shall not be sold because it is a void Patent and nothing passes by it 10. The Office of sole Printing of Law Books is void therefore not saleable 11. A
grant his Estate upon condition and the reversion is granted and he attorns and then enters for the Condition yet the attornment is void But yet the Law will respect such a possibility as 5 E. 3. fol. 36. Lands were given to the Baron and Feme the Baron dies the Feme makes a Lease for her own life the Lessee is impleaded in a Cui in vita and he vouches the Feme and she prays in aid of the heir of the Husband and well and yet the Feme had nothing If I bargain and sell Lands to one for life and then I grant the reversion and the Barganee attorns and then the Deed is Inrolled this Reversion is well granted and this is a good Attornment But it may be objected that the Land is not in the Conizee upon the extent for if it be extended at too high a rate he may return it upon the extendors for so are the Books of 44 E. 3. 2 H. 4.17 21 E. 3.21 15 H. 7.16 and divers others Books But I make this an Argument for my self for that shews it is out of the Conizor and if the Land were in the extendors hands no doubt but the reversion might be granted and by the Book of 1 E. 3.8 in a quid juris clamat they shall be forced to attorne 2 But admit that such a grant of reversion may be made yet no grant of a reversion can be good without Attornment of the particular Tenant and here your Conizee the Tenant attorns before his time that is before he hath possession by the Liberate and so the case of 8 H. 5. fol. 10. comes full against you To that I answer That the Tenant by Statute is esteemed in point of Attornment as Tenant for term of years for so the Case of 1 E. 3. fol. 8. esteems him And I make small Question but that if a man make a Lease for years and before the Lessee enter the Lessor grants the reversion and the Lessee attorns This is a good Attornment for it matters not whether ever the Lessee entered or not for the Land was in him to give grant or forfeit and 21 H. 7. fol. 27. after such a Lease If the Lessee will not enter yet if the Lessor waive the possession and a rent day accrews the Lessor may have an action of debt against the Lessee without ever making any averment that the Lessee entred So in our Case although the Conizee cannot enter of himself but by the Livery of the Sheriff yet he is not in by the Sheriff but by the Law in the Post And it is not very absurd to say he is in by and under and from the Conizor for if the Conizor had Covenanted that any to whom he after the Recognizance had conveyed the Land should have enjoyed it against all claiming from by and under him and the Conizee had sued execution the Covenant had been broken 3. Then allowing that this first grant of the reversion is good to C. in Tail Then the next question is that C. commits Treason and A. grants the reversion of C. in Fee to D. and C. Attornes Whether this be a good Attorment Whether if C. comes afterwards to be attainted for the Treason and an Office being found hath relation to intitle the King to the Land from the time of the Treason committed that is Whether this Office shall not relate to make C. no Tenant of the Land from the Time of the Treason committed I will agree it will relate to avoid all charges and incumbrances made by C. but yet the Attornment is good for that I will put but one Case that comes full home to the point which is Sir Miles Fleetwood's Case in my Lord Cooks 8. Report which is that the Attainder and Office relate to intitle the King to the Land from the time of the Treason committed but not to Chattels sold or to the mean profits of Lands received so as for the mean time C. was Tenant and might take the Profits and the Rents paid to him by the Tenants were well paid then a fortiore might he do and execute all instrumental Acts as if he had been Lord of a Mannor and a Copyholder after the Treason and before Attainder had surrendred to the use of another who had been admitted the surrender and admittance had been good and so consequently the Attornment for by the Attornment he parts with nothing of his own only he is a means to profit another mans grant of that which was never his 4. The next Question is That the Tenant in Tail commits Treason suffers a Recovery to the use of himself and then it attainted whether the King shall have the Fee-simple or else whether the Office shall not relate to make the Recovery void and whether he in Reversion who by intention of Law had recovered other Land in value shall have any benefit against the King by the Kings priviledge which he hath to avoid this Recovery It is plain that if this Recovery had been to the use of a Stranger the King by Office should avoid it and consequently he in Remainder would have been remitted The difference of the relation of an Office to intitle the King to Goods but from the Attainder and to Lands from the time of the offence committed are these 42 E. 3.26 33 E. 3. Fitz. Forfeiture 30 31 H. 6.5 temp H. 8. Bro. fo 42. I take it that if the King in this Case had taken the benefit of the Statute of 33 H. 8. c. 20. which gives the King all the Lands which a person attainted hath at the time of his Attainder though there be no Office sound then the King might have seized the Land and the party had had no remedy But now an Office being found the King is in by the Office which discovers the whole matter of Record and the party hath the benefit thereby And thereby it appears that C. was by the offence and the relation of the Attainder disabled to make any Conveyance or disposition of his Land That a Common Recovery is a Conveyance vide Coke li. primo Pelhams Case So this Grant of the reversion to D. is good and not pulled out by the Recovery But it is granted to one that is an Alien born but made a Denizen of Ireland whether now the King be not intitled to the reversion in Fee as the Lands of an Alien I take it that he that is free of Ireland is free of England it is true that one which was born in Scotland ante c. and these that were born in times past in Aquitain or in Normandy were Aliens born because these Countries were brought with the Kings of England as their former inheritance but Ireland was conquered by H. 2. and inhabited and planted with Englishmen and upon the matter made part of the demeasnes of the Crown of England as other Islands are as the Wight and Jernesey Virginia and Greenland and therefore the Kings of