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.

Hill. 4. Jac. Regis.

Bedle and Beard.

Anno 31. Ed. 1. The King being seized of the Man∣nor of K••mbolton, to which the Advowson of the said Church was appendant by Letters Patents, granted the said Mannor, wish the App••••tenances, to Humphry de Bohun, Earl of Hereford, in tayl generall. Humphry de Bohun the Issue in tayl by his Deed. 4 Ed. 3. granted the said Advowson, then full of an Incumbent, to the Prior of Stonely, and his Successors. And at next avoydance they held In proprios usus: Upon this Appropriation, Concur∣rentibus his quae in jure requiruntur, the Prior and his Successors held the same till the dissolution of the Mo∣nastery. 27. H. 8. The said Mannor descended to Edward Duke of Buckingham, as Issue to the Estate Tayl. And the Reversion descended to H. 8. The Duke 13 H. 8. was at∣taint of High Treason. 14 H. 8. The King granted the said Mannor, &c. with all Advousons appendant &c. to Richard Wingfield, and his Heirs Males. 16 H. 8. It was Enacted, that the said Duke forfeit all Mannors, &c. Advousons, &c. which he had, &c. in 4 H. 8. The King 37 H. 8. granted and sold the said Rectory of Kimbolton, as impropriate in Fee, which by mean conveyance came to the Plaintiff for 1200 li. 37 Eliz. Beard the Defen∣dant got a Presentation of the Queen by Lapse, pre∣tending the said Church was not lawfully impropriate to the Prior.

1. For that Humphry, who granted to the Prior, had nothing in it, nothing passing to his Ancestor by

these words, Man••rium cum pertinentiis.

2. Or for that having no more but an Estate Tayl by his death, his Grant was void.

But Resolved by the Lord Chancellor Ellesmere, with the principal Judges, and upon consideration of Presi∣dents, that the Plaintiff shall enjoy the Rectory: for though by any thing which can now be shewn, the Im∣propriation is defective, yet it shall be now intended, in regard of the antient and continual possession, that there was a lawfull grant of the King to the said Humphry who granted in Fee, so that he might lawfully grant it to the said Priory: Omnia p••••sumitur Sol••mniter esse acta. And all shall be presumed to be done, which might make the antient Impropriation good; And antient Grants and Acts shall not be drawn in question, though they cannot be shewn: for Tempus ed••x rerum. Letters Patents and Writings may consume, be lost or imbezilled. And there∣fore the Church was allowed to be rightfully impro∣priate, and the rather, in regard of the antient and long possession of the Owners of the said Rectory.