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.

Mich. 12 Jac. Regis.

Warcombe and Carrel's Case.

20 Octob. 6 Eliz. In the Star Chamber the Case was, Edward Carrel an Apprentice of the Laws, for a great sum of money bought the Wardship of Joan, the Daughter and Heir of Warcomb, in the County of Hereford, and mar∣ryed her to Edw. Car••el his youngest Son: And after Hill. 5 Eliz. the said Joan fell sick; and being of the Age of 19 years, and having no Issue, Edward her Husband per∣swaded her, to acknowledge a Fine of her Inheritance, by which should be conveyed an Estate to the Husband and Wife in Tail, the remainder to the right Heirs of the Wife; and Cognizance was taken by Ded. Potest. dire∣cted to Sir Thomas Sanders, and one Ch••snel of Grays-Inne before Easter, divers Judges being here who might have examined her, and on Friday in Easter Week she dyed; but the Fine, & l'argent du Reigne, was entred, as of the last Term, viz. H••llary Term 4 days before the Wives death. The Original Writ of Covenant bore Test 15 Jan. ret. Crastin. Pur. and the Ded. Potest. 18 Jan. And James Warcombe, Cosin and Heir of Joan, complained by Bill against Edw. Carrel, for getting the said Fine by in∣direct Pract••ces; and thereupon the Sentence of the Court was as followeth:

This day a right honourable Assembly being in this Court, the matter depending in the same, between James Warcombe Es{que} Plaintiff, and Edw. Carrel of London Gent. Defen∣dan••, as well concerning the validity of a Fine, levyed by the said Edward, and Joan his wife: which ••oan, as the Plain∣tiff alle••dges, was under age at the time of the F•••••• levyed; and also for certain undue means committed by the said Edw.

Carrel, in the suing out and getting the said Fine; and upon hearing all that could be alleadged on both parts, the said Fine was by the Opinion of the whole Conrt, adjudged good and ef∣fectual in Law. And also no fault judged to be in the said Edward Carrel, in suing out the said Fine; but that the s••me was sued out in du•• form and order of the Laws of this Realm•• and this is within the Rule, Facta tenent multa quae fieri prohibentur.

And as Carrel was not punished, though he knew his Wife within Age; so nor Hungate shall be punished, though she knew her Son so; and the rather, by reason of that antient Verse,

I••ges Communes sinescit Faemina, iles, M Clericus ••t Cultor, Judix sibi parcet et ultor.

And by Sentence all were dismissed, &c.

Among the Records in ••he Treasury, Inter placita &c. de Term. Sanct. Mich. 42 Ed. 3. Rot. 27. •• Cornubi••: Helena filia Hugonis Allo••, brought an Appeal of Robbery against I aw••ence Boskosleak, Rich. C••horta, Jo. Gilmin, and Joan his Wife, and others; and the Defen∣dants plead not guilty, and were found not guilty, Nec unquamse subtraxerunte Iden praedictus Laurentius, & omnes alii, &c. cant inde quieti. El praedicta Elena pro falso appello suo committitur, &c. et super hoc praed. Laurentius & alii petunt juxta forman Stat. quod Ju••atores inquirant quae damna, &c. Et super hoc quaesitum est à praefatis Juratori∣bus, &c. Quidicunt quod praed. Laurentius sustinuit ad valentiam 10 l. &c. et sic singulatim de caeteris &c. di∣cunt etiam quod Helena praed. non est sufficient, &c. et quod Johannes Riddel sen. & Jo. Riddel jun. &c. abettaverunt praed. Helenam, ideo ipsi &c. Out of which Record, these things are to be observed:

1. Though it is Enacted by the Stat. West. 2. cap. 21. That in this Case Justiciarii, &c. puniant appellatorem per prisonam unius Anni, &c. so that they were not Bail∣able: yet quia eadem Helena praegnans fuit & in periculo mortis, she was let to Bayl, to have her Body 15 Mich. ad

satisfaciendum praedicto Laurentio et aliis, &c. And the Reason of this is, because the Common-Law requires in every Case conveniency; and it is inconvenient a Woman with Child should remain in Common-Gaol: And the Judges of the Common-Law ought to know what the Moral Poet spoke, Red••ere personae sit convenientia cui{que} and agrees with Advice of Bracton, lib. 2. cap. 2.

2. That the Defendants recover their Damages, either wholly against the Principle, or wholly against the Abet∣tors: and with this agrees Ed. 4. 3.

3. Though the Statute saith, Restituant Appellatores damna, &c. yet the Damages shall be singulatim assessed; for as the Defamation of one may be greater than ano∣ther; so the Damages of one may be greater than ano∣ther.

4. Though the Appellor be not sufficient to pay; yet his body shall be taken ad satisfaciendum, Quia qui non habet in aere, luat in corpore.

5. Though the Jurors in the Appeal, have found the Defendants Abettors; yet insomuch as they are stran∣gers to the Original, they shal not be concluded, Quia res inter alios actae alteri nocere non debent.

Vide the Book of Entries, Title Appeal Divisione Da∣mages, 1 & 2. Vide Placita coram rege apud Ebor. in Crast. Sancti Trin. 7 Ed. 3. 44. Divisione. Indictments are very well worth observing.