The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

About this Item

Title
The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.
Author
Blount, Thomas, 1618-1679.
Publication
London :: Printed for T. Twyford, and are to be sold by Hen. Twyford ...,
1670.
Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms
Bankruptcy -- Great Britain.
Fraudulent conveyances -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A28470.0001.001
Cite this Item
"The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A28470.0001.001. University of Michigan Library Digital Collections. Accessed June 8, 2024.

Pages

Pasch. 5 Jac. Regis.

The Case of Forests.

This Term it was informed to the King, that great wrongs were done in the Forest of Leicester, in the County of Leicester; and in his Forest of Bowland, in the Coun∣ty of Warwick, parcel of his Dutchy of Lancaster. And upon this, by Warrant from the King under his Signet, all the Justices were assembled, to resolve certain Questi∣ons, to be moved concerning Forests, by the Attorney of the Dutchy, and the Councel of the other part; which were Forests and Chases: Which being matter in Fact,

Page 21

the Judges could not give their Resolutions, but by way of Directions. And it was Resolved,

1. That if these are Forests, it will appear by matter of Record, as by Eyres of Justices of Forests, Swanni∣motes, Regardors, &c. But the calling it a Forest in Grants, &c. proveth it not a Forest in Law.

2. Resolved by all the Justices, That if there be no Forests in Law, but Free-Chases; then who hath any Free-hold in them, may cut his Wood growing upon it, without view or Licence; leaving sufficient for Covert to maintain the Kings Games: so a common person ha∣ving Chace in another Soil, the Owner may not destroy the Covert, nor Browse-wood.

3. Resolved, That in such a Chase, the Owner, by Prescription, may have Common for his Sheep, and War∣ren for his Coneys, by Grant or Prescription: but he must not surcharge or make Burrows in other places, than hath been used from the time of which: nor may he erect a new Warren without Charter.

4. Resolved, That who hath such a Warren, may lawfully build a Lodge upon his Inheritance, for preser∣vation of his Game.

5. Popham, Chief Justice, said, That in the time of Chief Baron Bett, It was adjudged in the Exchequer, That a man may prescribe to cut his Wood upon his own In∣heritance within a Forest, though it was against the Act, in the 43 Ed. 1. See the Abridgement, Title Forest 21. And this was the Case of Sellenger, vide 2 Ed. 2. Title Trespass, fol. 9. in the time of Ed. 1. Trespass, 239. low. Com. Dyer 72. 32. 2 Ed. 4. cap. 7. that the Subject may have a Forest. Consuetudo ex rationebili causa usitata pri∣vat communem Legem. And it was held by some, that this was but an Ordinance, not an Act of Parlia∣ment.

Do you have questions about this content? Need to report a problem? Please contact us.