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.

Earl of Shrewes buryes Case.

Sir Humphry Winch, Sir James Ley, Sir Anthony St. Leger, and Sir James Hulles••on, certified the Lords of the Coun∣cel, by Command from them, by Letters dated 28. Martii, 1612. of the Claim of Gilbert Earl of Shrewes∣bury to the Earldome of Waterford, and Barony of Dungar∣van in Ireland, as followeth.

King Henry the Sixth, by Letters-Patents in the 20th. year of his Reign, did Grant to his Cosin, John Earl of Shrewsbury, in consideration of his Loyal Services in the City and County of Waterford, pro se, &c. ipsum in Co∣mitem Waterford, una cum stilo et titulo ac nomine ac honore eisdem debitis ordinamus & creamus, habendum to the said Earl, and his Heirs-males of his Body; and further, did Grant the Castles, Lordships, &c. of Dungarvan to the said Earl and the Heirs-males of his Body, To hold, &c. of the King and his Heirs by Homage and Fealty, and by the Service of being his Majesties Seneschal in Ireland. After in the Parliament, called Des Absentees, holden at Dublin in Ireland 10. Maii, 28 H. 8. It was enacted by reason of the long absence of George, Earl of Shrewesbury out of the said Realm, That the King, his Heirs, &c. shall enjoy in right of his Crown of England, all Honors, Mannors, Castles, &c. and all and singular possessions, &c. as well Spiritual as Temporal, which the said George Earl of Shrewesbury and VVaterford, or any other Persons had to his Use, &c. King Henry the 8th. by his Letters Patents dated 29th. of his Reign, re∣citing the said Statute, Nos praemissa Considerantes, &c. did Grant to the said Earl and his Heirs the Abbey of Rufford with the Lands thereunto, &c. in the County of Nottingham, and the Lordship of Rotheram in the County of York, the Abbeys of Chestersteld, Shirbrook, and Glossa••∣dale in Derbyshire, with divers other Lands, &c. to be

holden in Capite: And the Questions were as follow∣eth.

1. Whether by the long absence of the Earl of Shrewsbury out of Ireland, the Title of the Honor be lost and forfeited, he being a Peer of both Realms, and re∣fiding here in England.

2. Whether by the Act Des absent••es, 28 H. 8. the Ti∣tle of Dignity of Earl of VVaterford be taken from the said Earl as well as the Land, &c.

Afterwards by other Letters Patents dated 27th. of Sept. 1612. the two Chief Justices and Chief Baron were required to consider of the Case, and to certifie their Opinions; which Case being argued by Councel learned in the Law in behalf the said Earl, and they hav∣ing taken great advisement; It was unanimously Resolved by them all as followeth:

1. As to the fi••st, Resolved, That since it does not ap∣pear what defence was requisite; and that the Consi∣deration Executory was not found by Office to be broken in that Point, the said Earl of Shrewsbury notwithstanding does remain Earl of Waterford.

2. As to the second, It was Resolved, That the said Act 28 H. 8. Des Absente••s, does not onely take away the Possessions given him at his Creation, but also the Dig∣nity it self: for though one may have a Dignity with∣out Possession, yet is it very inconvenient, that Dignity should be cloathed with Poverty: and so it was resolved in the Lord Ogles Case, in Edw. 6. Reign; as the Ba∣ron of Burleigh 35 El••z. did report.

The cause of Degradation of George Nevil Duke of Bed∣ford is worth observation, which was done by Act of Par∣liament 16 June, 17 Ed. 4. which Act reciting the ma∣king the said George Duke, sets forth the cause of his De∣gradation in these words: And for so much, as it is openly known, that the said George hath not, or by Inheritance may have, any livelyhood to support the said Name, Estate, and Dignity, &c. Therefore the King, by Advice of his Lords

Spiritual and Temporal, and Commons, &c. Enacteth, &c. That from henceforth the same Creation of the said Duke, and all Names of Dignity given to the said George, or to John Nevil his Father, be void and of none effect. Wherein are to be observed;

1. That though the Duke had not Possessions to main∣tain his Dignity, yet it could not be taken from him but by Act of Parliament.

2. Great Inconveniencies follow, where there is great State and Dignity, and no means to maintain it.

3. It is good reason to take away such Dignity by Act of Parliament; and then the Act shall be expounded, to take away such Inconvenience. And though the Earl of Shrewsbury be of great Honour, Vertue, and Possessions in England; yet it was not the Intention of the Act to con∣tinue him Earl in Ireland, when his Possessions there were taken away.

And where it was objected, that the general words Ho∣nours and Hereditaments, are explained and qualified by the said Relative subsequent, which the said George, or any to his use hath: Now in regard no man can be sei∣zed of the said Digni••y, therefore the Act doth not extend to it. 'Tis answered, that is to be understood, Reddendo singula singulis; and these words which the said G. E. hath, are sufficient to pass the Dignity: and with this agrees all the Judges Opinions in England in Nevils Case upon the like in the Statute 28 H. 8. in 7th Part of my Re∣ports, sol. 33, and 34.