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. 7 Jac. Regis. In the Court of Wards;

Hulme's Case.

The King (in Right of his Dutchy of Lancaster) Lord; Richard Hulms (seized of the Mannor of Male, in the County of Lancaster, holden of the King as of his Dutchy by Knights Service) Mesne, and Robert Male (seized of Lands in Male, holden of the Mesne, as of his said Mannor by Knights Service) Tenant: Richard Hulme dyed; after whose death 31 H. 8. it was found, that he dyed seized of the said Mesnalty; and that the same descended to Ed∣ward his Son and Heir within Age, and found the Te∣nure aforesaid, &c. And during nonag••, Robert Male dyed seized of the said Tenancy peravail, and that the same descended to Richard his Son and Meir (as was found by Office 25 H. 2.) within age; and that the said Tenancy was holden of the King, as of his said Dutchy, by Knights Service; whereas in truth the same was hol∣den of Edward Hulme, then in Ward of the King, as of his Mesnalty, for which the King seized the Ward of the Heir of the Tenant. And afterwards, Anno quarto Jacobi Ro∣gis nunc, after the death of Richard Male, the lineal Heir of Robert Male, by another Office it was found, that Richard dyed seized of the Tenancy, and held the same of the King, as of his Dutchy, &c. his Heir within age: Whereupon Richard Hulme, Cozen and Heir of the said Richard Hulme, preferred a Bill to be admitted, to traverse the Office found 4 Jac. Regis. And the Question was, Whether the Office found 35 H. 8. be any Estoppel to the said Hulme? or if that the said Hulme should be first driven to Tra∣verse that.

And it was objected, That he ought first to traverse the Office of 35 H. 8. as in the Case 26 E. 65. And that the first Office shall stand as long as the same remaines in force.

To which it was Answered and Resolved, by the two Chief Justices, and Chief Baron, and Court of Wards; That the finding of an Office is not any Estoppel, for that is but an Inquest of Office, and the party grieved shall have a Traverse to it: But when an Office is found falsly, that Land is holden of the King by Knights Ser∣vice in capite, or of the King himself in Socage, if the Heir fue••h a general Livery, it is holden 46 Ed. 3. 12. by Mowbray and Persey, that he shall not after adde, that the Land is not holden of the King: But that is not any E∣stoppel to the Heir himself, and shall not conclude his Heir: for so saith Mowbray himself expresly, 44 Ass. pl. 35. See 1 H. 4. 6. b. So 33 H. 6. 7. And there is no Book that saith, that the Estoppel shall endure longer than his life; but that is to be intended of a general Li∣very; but a special Livery shall not conclude one. And if a Jury find falsly in a Tenure of the King, the Lord; of whom the Land is holden, may traverse that Office. Or if Land be holden of the King in Socage, &c. the Heir may traverse the last Office; for by that he is grieved, and he shall not be driven to traverse the first Of∣fice. And when the Father sues Livery and dyes, the Conclusion is executed, and past, as is aforesaid.

And note, there is a special Livery, but that proceeds of the King's Grace, and is not the Suit of the Heir; and the King may grant it either at full age, before aetate pro∣banda, or to the Heir within age, as appears 21 E. 3. 40. And then is general, and shall not comprehend any Te∣nure, as the several Livery doth; and therefore it is not any Estoppel without question: See the 33 H. 8. cap. 22. 23 Eliz. Dyer 177.

It was also Resolved in this Case, that the Office of 35 H. 8. was not traversable; for his own Traverse shall prove, that the King had cause to have Wardship by reason of Ward. And when the King comes to the Pos∣session by a false Office, or otherwise, if it appears the

King have any other Right to have the Land there, none shall traverse the Office or Title of the King; because the Judgment in the Traverse is, Ideo consideratum est, quod manus Domini R••gis amoveantur, &c. See 4 H. 4. fol. 33. in the Earl of Kents Case, &c.