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.

Trin. 10 Jac. Regis.

Baker and Hall's Case.

Note, Upon Consideration of the Statute, 3 H. 7. c. 14. It was Resolved by Coke, Chief Justice of the Common-Pleas; Yelverton, Williams, Snig, and others, That where∣as it is provided, that what person soever takes a Woman so against her Will, &c. in respect of this Word (So) which hath relation to the Preamble: It was agreed by all, that if the Wife hath nothing, nor is Heir appa∣rent, it is out of the Statute: for i•• would not have been so curious in describing the Person, and all in vain. And Clergy is taken away by the 38 Eliz. cap. 9. for Princi∣pals or Procurers before. Vide Stamf. so. 37. b. and so was the Law taken, 3 & 4 P. & M. Vide Lamb 252. Note, Receivers of the Woman are Principals; but not the Receivers of them who took the Woman. Vide Lamb. bid.

Note, I saw a Report in Queen Mary's time, upon the 50 Ed. 3. cap. 5. and 1 R. 2. cap. 15. concerning arrest∣ing Priests in Holy Church, that the said Statutes are but in affirmance of the Common-Law; and 'tis there held, that eundo, redeundo, morando, for to celebrate Divine

Service, the Priest ought not to be arrested, nor any who aid him in it; and that the Party grieved, may have an Action upon the Statute, 50 Ed. 3. For though an Act doth not give an Action, yet Action lyeth upon it, 7 H. 6. 30. &c. 2 H. 5. and 4 Ed. 4. 37. Vide Register in breve super Stat.

Note, If a man be convicted, or hath Judgment of Death for Felony, he shall never answer by the Common Law, to any Felony done before the Attainder, so long as the Attainder remains in force: Vide 8 Eliz. c. 4. 18 E∣liz. 7. And at this day, if a man be adjudg'd to be hang'd, and hath his Pardon he shall never answer to any Felony before; for he cannot have two Judgments to be hang'd. Aliter, If the first Attainder by Errour be reversed. Vide 10 H. 4. Coro••. 227. Case, del Appeal, &c.

A man seized of a Mannor, to which he hath stray appendant by Prescription, &c. by his Bayley he seizeth an Ox as a Stray in the Mannor, and makes Proclama∣tion according to Law, and within the Year and Day, lets the Mannor with all Royalties, &c. And Dy••r Ser∣geant moved the Court, who should have the Stray: And Brown Justice, was of Opinion, that the L••ssor should have it. But all the Justices were against him, that the Lessee shall have it, because the property of the Stray is not altered before the Year and Day; and till then, the Lord or the Mannor hath but the custody of it. In Dr. Hutchinson's Case, Parson of Kenn in Devonshire, It was Resolved, per totam Curiam, That if any shall receive or take Money, Fee, Reward, or other Profit, for any Pre∣sentation to a Benefice with Cure; although in truth, he which is presented be not knowing of it: yet the Presen∣tation, Admission, and Induction, are void, per expressa verba Statuti, 31 H. 8. cap. 6. and the King shall have the Presentation hac vice: But if the Presence be not cognizant of the Corruption, then he shall not be within the Clause of Disability in the same Statute: and so it was Resolved by all the Justices in Fleetstreet, Mich. 8. Jac. so. 7. vide verba statuti.