4. A statute made against natural equity,
as to make a man a judge in his own
cause, is void.
troductory of new laws, do imply a
negative of all which is not in the pur-
view.
298
5. Where notwithstanding the additional 24. Acts of parliament are every day ex-
penalty of statutes, yet damages remain
revocable.
pounded by the judges according to a
better rule of reason and justice than
the words bear.
299
11. Where a statute begins with particu- 1. The wife may not depart and return
lar words of an inferior nature, and con-
clude with general words, the general
words shall never be extended to any
thing of an higher nature.
again, per le residue de 40 jours.
MAGNA CHARTA, CAP. 29.
12. Law for the benefit of religion, ought 1. The body of a freeman cannot be
to be advanced, though the words be
13. Statutes in the affirmative shall not
well as a penalty annexed, a prohibi- 1. Extends to a feme covert.
tion will lie; secus if it hath only a pe-
15. The affirmative continuance of a stat-
CAP. 6. RAVISHMENT OF WARD.
ute perpetual, cannot work an abroga- 1. Extends to a feme covert.
tion by turning the perpetual law into a
only of grants made before the parlia- 1. The reason of the making of it, and
by the king, are general laws, as well as
those which concern grants made to the 1. Extends to a monk.
law, in respect of the several clauses. 1. Extends to a feme covert. 95, 27
228 2. Cap. 4. Of voucher and warranty of
ery man's consent, as well to come, as 1. Extends not to a writ of partition, nor
present.
22. Felonies or other capital crimes shall
not be made or created by doubtful and
ambiguous words in a statute. 270, 291
23. Affirmatives in statutes which are in- 1. What the law was before the statute. 98
2. A trespass vi et armis will not lie 4. The lessee who suffers usurpation is
against the feoffee.
CHAP. 10. OF ESSOINS.
See Essoin.
ANNO 13. Ε. 1. W. 2. CAP. 2.
1. Donis conditionalibus. Vide Tail.
1. Quod ei deforceat.
CHAP. 5. QUARE IMPEDIT.
1. The statute extends to none but those
that are heirs, or in degree of heirs,
and in by descent.
238, 239
2. At common law infant heirs were, by
usurpation, driven to a writ of right. 238
3. No purchaser, though infant or feme
covert, is relieved.
239, 240
4. Successor of single, not of compounded
corporations, are relieved.
without remedy, though the reversion
be in an heir.
1. The statute changes not the possession
of the advowson, but the remedy. 241,244
2. The king cannot remove the incumbent
after induction without suit, but after
his death he may present again; but a
common person in that case is put to
suit.
242
3. Though the statute give nothing but
a possession actionable, yet liberty is
to present it within the intent. 16.
4. If an heir relievable within this statute
die without heir, the lord by escheat
shall not present, nor have a quare im-
pedit.
243
FIERI FACIAS, ELEGIT, 57, 58.
See Elegit.
240 CHAP. 21. FAILER OF RECORD IN ASSISE.
5. Infant heirs are relieved, if the advow-
son were in their own hands, and they 1. Extends not to an infant.
6. If an infant heir suffer an usurpation, and
CHAP. 23. DAMAGES IN APPEAL.
another avoidance fall during non-age, 1. Extends not to a monk or feme covert;
he may have a quare impedit presently,
though the statute says postquam ad
2. He that is a complete incumbent with-
in the statute, must yet show and defend
his own title, as well as counterplead his
adversary's.
ANNO 1. Η. 5. CHAP. 5. ADDITIONS.
Extends to a knight baronet though it
129
were a degree erected since.
2. Extends to a cap. upon a statute mer-
chant, though the statute mentioned
only original writs, appeals, and indiet-
ments, and the process upon them. Ib.
1. Void, is to be expounded void by writ
of error.
STATUTES, ANNO 23. H. 6. CAP. 10.
BONDS TO THE SHERIFF.
1. Extend not to a bond made to the
sheriff by the undersheriff.
13, 14
Is a special law, and must be pleaded. 13
319, 321 3. Extends to the whole bond, though part
of the condition be out of the statute. 14
3. If the complete incumbent resign,
hanging the writ, he hath lost the privi- 4. Non est factum cannot generally be
lege of counterpleading the patron's
title.
319
4. What the common law was before the
statute.
161, 162, 316, 317
pleaded to a bond against the statute.
72, 166
CHAP. 15. ELECTION OF BURGESSES.
5. Extends only to a natural and complete 1. An action will lie upon this statute,
incumbent by induction, not to a com-
mendatory semestris or temporary, but
for perpetuity.
162, 163, 319
6. Any defendant may plead ne disturba
though the parliament was as none, be-
cause there was no act nor record of it. 78
ANNO 31 H. 6. CA. 5. ALNAGE.
162 1. The king may grant the office without
the bill of the treasurer, by a non ob-
stante.
214, 246
7. Or show anything to the court as
1b.
amicus curix.
mon law, notwithstanding the negative
words not otherwise.
1. The alienation of a feme jointress is
good against herself, though not against 2. It was meant to ease the sovereign of
the heir.
ANNO 21 H. 8. CA. PROBATES.
See Administration. Ordinary.
CHAP. AVOWRIES.
See Avowries.
labor, not to deprive him of power. Ib.
3. The archbishop is restrained only sto
those acts which the pope did de quasi
jure.
147, 156
4. Four causes wherein the archbishop is
restrained from dispensation. 147, 148
5. How far the word necessary will enable
or distrain the archbishop in the grant
of dispensation.
159
ANNO 1 AND 2 PH. & M. CAP. DEVISES TO
1. Will enable a devise to Trinity College
in Cambridge, because erected for divi-
nity; not so of a devise to a college of
123
civilians or physicians.
SPIRITUAL CORPORATIONS.
ANNO 4 AND 5 PH. & M. CA. CONFIRMA-
1. The commendations of this statute. 157
2. Bishoprics are not within the words 1. Of letters patents. Vide 13 H. 3. ca. 13.
'benefices, but they avoid former liv-
ings by the common law.
3. If a bishop take two benefices he is a
parson within that law.
ΑΝΝΟ 26 H. S. CA. 13. TREASON.
Vide 33 H. 8. ca. 20.
Ib. 1. Is not an encroachment upon the peo-
ple, nor was it obtained by any circum-
4. Bishops lose their former qualifications
as chaplains, &c. by being made bish-
1b. 2. Tenant in tail is attainted and dies; the
land vests in the king, and doth not de-
scend to the heir till office found.
5. It extends to a plurality, where the par-
son is only instituted into one, and in-
ducted into another.
157, 158
6. It extends to a union of two benefices 3. Where the attainder of tenant in tail
CHAP. 9. CITING OUT OF THE DIOCESS.
1. Where the transmitting of causes into
the archbishop's court, &c. is against
the statute 17, and where not. 185, 186
2. The metropolitan, after the death of a
bishop within the province, must hold 1. Did not give the king writs of right. 242
the courts for the diocess within the 2. Doth give to the king the presentation
continues them in him as appropria- 3. The statute of 31 H. 8. extends to
grants made by the king of other
lands, as well as monastery lands; but 1
E. 6. confirms no grants made by the
king, but only of chauntry lands.
139 4. The statute of 31 confirms grants made
by the king, though the considerations
past be untrue, and the suggestions
false; secus, of a non obstante, or any
128 usque 232
other statute.
3. It hath not altered the form of mittimus
at the common law, but this is still con-
tinued to the bishop as it was.
4. Yet a mittimus may be directed to the
justices immediately.
Ib. 5. The statute of 31 intended more favor
to grants made by the king to the sub-
ject, than to those grants made by the
228, 229
subject to the king.
6. The statute of 31 supplies the defects
of all prerogative forms in the king's
grant.
ANNO 28 H. 8. CA. 13. PIRACY.
1. The commission for trial of piracy is
good, though the chancellor do not
nominate the commissioners. 114, 146 7. The statute of 31 supplies the defects of
1. The right of entry which the heir hath
upon the discontinuance of the jointress
by 11 H. 7. is given to the king upon the
heir's attainder by this law.
ANNO 31 H. 8. CA. 13. AND 34 H. 8. CA. 2.
CONFIRMATION OF LETTERS PATENTS.
1. A grant to the king by deed, not en-
rolled till after the beginning of the
parliament in 31 H. 8. cannot be made
good by the statute of 31, but it is good
222
by 34 H. 8.
an office of entitling, and so enables the
king to grant what he had not; like unto
230, 231
1 R. 3. for cestuy que use.
8. If the grant be upon a consideration
future, which is not performed, this
statute of 31 will not help it.
9. Not naming of honors is not remedied
by the statute of 31.
10. A grant by the king of the manor of
Dale, habendum cum Sale, is not made
231, 244
for Sale, by 31 H. 8.
So if the king grant lands in perpetu-
um, the statute doth not help it.
How the statute of 31 H. 8. goes far-
ther than any other subsequent statute
hath ever yet done.
13. 1 E. 6. cures only grants made by,
and not to, the king.
14. The king bargains and sells to J. S.
the manor of B. and all his lands in D.
and S., and by the same indenture cove-
nants to convey the same by his letters
patents, and then makes letters patents
of the manor, but omits the clause of
all the lands in D. and S.; yet those
lands pass by the indenture, and the
help of the statute.
ANNO. 32. H. 8 CA. JEOFAILS.
1. If the plaintiff take issue upon the ac-
ceptance of a new bond in satisfaction
of the former, and it be found against
him, quære, whether the plaintiff shall
yet have judgment, as upon confession,
or the defendant, as after a verdict. 69
CHAP. 1. WARDSHIPS.
2. A grant to the king by an infant, idiot,
lunatic, or feme covert, is not made good
by statute, though those persons might
some way have firmly bound themselves 1. Where the wife shall not be said ad-
|