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.

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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.
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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 1, 2024.

Pages

Trin. 8 Jac. Regis.

Oldfield and Gerlins Case.

In this Term Thomas Oldfield came out of the Dutchy Court, and before he came into Westminster-Hall, with a Knife, stabbed one Ferra, a Justice of Peace, of which he dyed. And if Oldfield should have his right hand cut off, was the question before the two Chief Justices, chief Ba∣ron Walmesly, Warberton, Foster, and divers other Justices. And it was Resolved, No; for it ought to be in Westminster-Hall, Sedentibus Curiis, as appears, 3 Eliz. Dyer 188. 41 Ed. 3. Title Coron. 280. And a President was shewn,

Page 75

An. 9 Eliz. in Banke le Roy, where one Robert Gerlin smote one in White-hall, sitting in the Court of Requests, and was Fined, and Ransomed. But if one smite ano∣ther before the Justices of Assize, there his right hand shall be cut off; as appears, 22 Ed. 3. fol. 13. & 19 Ed. 3. Title Judgment. And one Bellingham, 2 Jac. in West∣minster-Hall, Sedentibus Curiis, with his Elbow and Shoul∣der, out of malice justled Anthony Dyer of the Temple, that he overthrew him, and spurned him with his Feet upon the Legs; but smote him not in any other manner: And yet it was held, That his right hand should be cut off, &c. upon which Bellingham was indicted in Banke le Roy, and after got his Pardon.

A Case was put to all the Justices of England, viz. The Bishopricks of Waterford and Lismore, originally two Bishopricks by lawful Authority, in the time of H. 3. were united, but the Chapters yet remain several. After which Union, the Bishop aliened Lands of the Sea of Waterford, and also of the Sea of Lismore, with confirma∣tion of the Chapter of Lismore.

1. The Question was, Whether such Alienations are not voydable by the Successor, being with the Confirma∣tions of both the Deans and Chapters.

2. The second Question was, Whether the Queen might avoid such alienations by seizure, or otherwise.

The Justices demanded a View of the Union, to which it was answered, That it was not extant; then was it Resolved by the Justices, That inasmuch as the Usage hath been after the Union, that the several Deans and Chapters have severally made Confirmations ut supra; it shall be intended, that the Union notwithstanding, yet for avoiding Confusion, and in respect of the remote∣ness of the Deans and Chapters, that Estates made shall be severally confirmed as before the Union, and then such Confirmations shall be good, for in such Case, Modus & conventiovincunt Legem, 50 Ed. 3. Title Assize. Statham, Ri. 2. Title Grant, 27 H. 8. Dyer 58. 11 Eliz. Dyer, 33 H. 8.

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2. It was Resolved, That upon a lawful Alienation made, with Confirmation of the Dean and Chapter, no contraformam collationis lyes upon the Statute of Westm. . See my 7th. Reports.

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