spin the Andrew Boynton, in consid of the love and affection he love his brocher, and with the wish that his laids should descend to lose the name gbe Boynton covenanted to plond pelife brothers in fu ид Held for aftity, or have lawfully used to enroll any evidences, or oth writings within their precinct or limits any thing in. a use the men famallanty Taylor & Sale ported Plowd. 298.] +8% Due eligenda untchrige granted it to alligits that pleaded that the locus was, and from time immemor had been. parcel stailor the As a matter, et, it was sold for fee, by an indenture made in between said a consid the len did not alloc nanted, granted, and agreed between part, it was cove Itald that the clage did not fires for it ture, had no issue maksoi hin only alleged that it was granted. In case But had the alley. of grant сто then being desirous and do and to then I sale, I sale, acut would have biexpress and to the intent actoinment. passed the should be named, mentioned, and e xij d. to the clerk; (5) and for the enrolment of every such writing indented before them, wherein the land comprised exceeds the sum of xl. s. in the yearly value, v. s. that is to say, ii. s. vi. d. to the said justices, and ii. s. vi. d. to the said clerk for the enrolling of the same: (6) and that the clerk of the peace for the time being, within every such county, shall sufficiently enroll and ingross in parchment the same deeds or writings indented as is aforesaid; (7) and the rolls thereof at the end of every year shall deliver unto the said Custos Rotulorum of the same county for the time being, there to remain in the custody of the said Custos Rotulorum for the time being, amongst other records of every of the same counties where any such enrolment shall be so made, to the intent that every party that hath to do therewith, may resort and see the effect and tenor of every such writing so enrolled. II. Provided always, That this Act, nor any thing therein contained, extend to any manner lands, tenements, or hereditaments, lying or being within any city, borough or town corporate within this realm, wherein the mayors, recorders, chamberlains, bailiffs or other officer or officers have authority, or have lawfully used to enroll any evidences, deeds, or other writings within their precinct or limits; any thing in this act contained to the contrary notwithstanding. SHARINGTON v. STROTTON. [Reported Plowd. 298.] TRESPASS quare clausum,1 on March 20, 1564. The defendants pleaded that the locus was, and from time immemorial had been, parcel of the Manor of Bremble; whereof Andrew Baynton being seised in fee, by an indenture made in 1560 between said Andrew, of the one part, and Edward Baynton, his brother, of the other part, it was covenanted, granted, and agreed between the parties in manner and form following; that is to say, whereas Andrew, at the date of the indenture, had no issue male of his body, said Andrew, then being fully determined and resolved how, in what manner, quality, and degree said manor should continue, remain, and be, as well in his lifetime as after his death, and then being desirous that the said manor might come, remain, and descend to the heirs male of his body, in manner and form afterwards expressed, and to the intent that it might continue and remain to such of the blood and name of Baynton as in the same indenture should be named, mentioned, and contained, did, as well for the said causes as for the good-will, fraternal love, and favor which he bore, as well to Edward Baynton his brother, as to such others of his brothers as should be in the indenture named, covenant and grant, for himself 1 This short statement of the case is substituted for that in the report. various bros Andrew con- and his heirs, that he, his heirs and assigns, and all and every other per- so to thes son or persons and their heirs, who then were seised or should afterbro. Ed, but wards stand or be seised of said manor, should from thence stand and to his own be thereof seised, to the use of Andrew for life, and after his death to use for life, the use of Edward Baynton and Agnes his wife, and their assigns for entio he their lives, and after their death to the use of the heirs male of Andrew lawfully begotten or to be begotten on the body of Frances Lee, and for default thereof to the use of the heirs male of the body of Edward accession Baynton, and for default thereof to the use of Henry Baynton, another suit flit in. brother, and the heirs male of his body, and for default thereof to the cirent lifen use of another Henry Baynton, a half-brother, and the heirs male of his body, by force of which covenant, grant, and agreement, and of the Statute made the fourth day of February in the twenty-seventh year of the reign of King Henry VIII., concerning the transferring of Uses into Possession, said Andrew was seised of said manor, the remainder over to Edward and Agnes for their lives, remainder to the heirs male of Andrew lawfully begotten on the body of Frances Lee, with remainders over; that Andrew died February 6, 1564, without heirs male of his body; that thereafter, but before the trespass, Edward and Agnes Baynton entered into the manor and were seised; that the plaintiffs then entered; and that the defendants, as servants of Edward and Agnes Baynton, and by their command, re-entered and did the trespass, &c. The plaintiffs demurred. a ganiel The case was argued at Michaelmas Term, 1565. 'And after these arguments the court took time to deliberate until Hilary Term, and from thence until Easter Term, and from thence until this present Trinity Term, in the eighth year of the reign of the present Queen, and the defendants now prayed judgment. And CORBET, Justice, said, that he and all his companions had resolved that judgment should be given against the plaintiffs. For it seemed to them that the considerations of the continuance of the land in the name and blood, and of brotherly love, were sufficient to raise the uses limited. But, he said, as my Lord Chief Justice is not now present, you must move it again when he is present, and you shall have judgment. And afterwards, at another day, CATLINE, Chief Justice, being present, the apprentice prayed judgment. And CATLINE and the court were agreed that judgment should be entered against the plaintiffs, and he ordered Haywood, the Prothonotary, to enter it. And the apprentice said, May it please your lordship to show us, for our learning, the causes of your judgment. And CATLINE said, It seems to us that the affection of the said Andrew for the provision of the heirs males which he should beget, and his desire that the land should continue in the blood and name of Baynton, and the brotherly love which he bore to his brothers, are sufficient considerations to raise the uses in the land. And where you said in your argument Naturæ vis maxima, I say Natura bis maxima, and it is the greatest consideration that can be to raise a use. But as to the other consideration moved in the argument, viz. of the marriage had between Edward Baynton and Agnes, the record does not prove Wherefore judgment was charge in fee by indenture, which was enrolled within six months, giveth and granteth it to Hall in fee, and there was no attornment. NOTA. In truth the case was, that he for a certain sum of money giveth, granteth, and selleth the rent, &c. But it was pleaded only, that he by indenture dedit et concessit. And it was ruled without any argument, that the rent without attornment passeth not, being only by way of grant, and not of bargain or sale; although the deed was enrolled. But WRAY [C. J.] said, that if by indenture, in consideration of a certain sum of money, dedit et concessit and the deed is enrolled, this shall pass the rent without attornment, though there be no words of bargain and sale. And the plaintiffing Free hold fossed had judgment. лингво as bargain CALLARD v. CALLARD. QUEEN'S BENCH AND EXCHEQUER CHAMBER. 1593. [Reported Moore, 687.] And on not IN ejectione firma, on a demise by Eustace Callard. guilty pleaded it was found by special verdict that Thomas Callard was seised in fee, and in consideration of the marriage of Eustace, his son and heir apparent, being on the land, spoke these words to the said Eustace, viz. "Eustace, stand forth. I do here, reserving an estate for mine own and my wife's life, give unto thee and to thine heirs for ever those my lands and [sic] Barton of Southcot." And afterwards Thomas enfeoffed Richard, who was the defendant, being his younger son in fee, with warranty and died. Eustace entered and demised it to the plaintiff, who entered, and the defendant ejected him. On which special verdict, on long debate in the Queen's Bench, judgment was given for the plaintiff, on which the defendant brought a writ of error in the Exchequer Chamber, and here the judgment was reversed at Hilary Term, 39 Eliz. 1 [Then follows the record of the entry of the judgment sustaining the demurrer.] |