Reports of that grave and learned judge, Sir John Bridgman, knight, serjeant at law, sometime chief justice of Chester to which are added two exact tables, the one of the cases, and the other of the principal matters therein contained.

Garth against Ersfeild Knight in Cancellar. In a Scire facias to have Execution of a Recognizance of eight hundred pounds acknowledged in the Chancery by Sir Thomas Ersfeild the Father of the Defendant the third of May, 14. Jac.

THE CASE.

SIr Thomas Ersfeild the Defendants Father was seised in Fee of di∣vers Lands, and made a Feoffment to the use of himself for life, the remainder to the Defendant his Son in Tail, with divers re∣mainders over, with power of revocation by writing under his hand and Seal, and publisht in the presence of three Witnesses. And then (for the consideration of four hundred pounds) did enter into this Re∣cognizance to the Plaintiff, and dies.

And whether this Land were extendable or not against the Son? was the question.

And I conceive that by the Statute of the 27. Eliz. this Recogni∣zance may be extended against the Son, the words of which Statute are; And be it further enacted by the Authority aforesaid, that if any person or persons have heretofore, sithence the beginning of the Queens Majesties Reign that now is, made, or hereafter shall make any convey∣ance, Gift, Grant, or Demise, Charge, Limitation of Use or Uses, or Assurance of, in or out of any Lands, Tenements, or Hereditaments, with any Clause, Provision, Article, or Condition of Revocation, De∣termination or alteration, at his or their will or pleasure, of such Con∣veyance, Assurance, Grants, Limitation of Uses or Estates, of, in or out of the said Lands, Tenements, or Hereditaments, or of, in, or out of a∣ny part or parcell of them, contained or mentioned in any Writing, Deed, or Indenture of such Assurance, Conveyance, Grant, or Gift, and after such Conveyance, Grant, Gift, Devise, Charge, limitation of Use or Assurance so made or had, shall or do bargaine, sell, demise, grant, convey, sell, or charge, the same Lands, Tenements, or Heredi∣taments, or any part or parcell thereof, to any person or persons, bo∣dies Politick, or Corporate, for money or other good consideration paid or given, the said first Conveyance or Assurance, Gift, Grant, De∣mise, Charge, or Limitation not by him or them revoked, made void, or altered, according to the power and authority reserved or expres∣sed unto him or them, in and by the said secret Conveyance, Assurance, Gift, or Grant. That then the said former Conveyance, Assurance, Gift, Grant, or Demise, as touching the said Lands, Tenements, and He∣reditaments, so after sold, bargained, conveyed, demised, or charged, against the said Bargainees, Vendees, Lessees, Grantees, and every of them, their Heirs, Successors, Executors, Administrators, and Assigns, and against all and every person and persons which have, shall or may lawfully claim any thing by from or under them or any of them, shall be deemed, taken, and adjudged to be void, frustrate, and of none effect, by vertue and force of this present Act.

So that this Statute doth not only aide Purchasors of the Lands, but those who for a valuable consideration have any charge out of the Land, or upon the Land.

But it may be objected that the Statute doth make the revokable Conveyance void only against the Bargainees, Vendees, Grantees, [Object.] and Lessees, but does not speak of any Conuzee.

But I answer, that it appears by the foregoing words, that the Sta∣tute intends to aide not only Bargainees, &c. but also all that have any charge out of the Land or upon the Land, and although the last words of the Statute doe not speak expresly of Conuzees, yet the Sta∣tute sh••ll be expounded to extend to them: and the Statute of West. 2. cap. 1. Quod illi quibus tenementa data sunt in Taile potestatem alienandi, &c. which words seem only to restrain the D••nee in Tail, yet in the 5. Edw. 2. Form. 52. the issue is thereby restrained, and 3. Edw. 3. Forme∣don, 46. that Tenant in tail cannot charge the Land no more then alien can forfeit the Land, so that if he grant a Rent or acknowledge a Statute or Recognizance, or commit Felony or Treason, and dies, the Issue shal have the Land discharged.

And this Statute hath alwaies been taken as to the equity thereof to releive Purch sors, and those who have: and therefore in Coke R. 3. 82. B. Standen and Bullocks case, Mich. 42. & 43. Eliz. where a man had conveyed his Land to the use of himself for life, and then to the use of di∣vers others of his blood, with future power of revocation, as after such a Feast, or after the death of such a one, and after, and before the power of revocation commenc'd, he (for a valuable consideration) did bargain and sell the Land to another and his Heirs; this bargain and sale is with∣in the remedy of the Statute: for although the Statute saith (the said first Conveyance not by him revoked according to the power by him re∣served) which seems by the literall sense to be intended of a present pow∣er of revocation; for no revocation may be made by force of a future power untill it comes in esse; yet it was holden that the intention of the Act was, that such a voluntary Conveyance which was originally subject to the power of revocation, be it in present or in future, shall not be good against a Purchasor bona fide upon valuable consideration, and if other construction be made, the Act will signifie very little, and it will be easie to evade such an Act. And so if A. hath reserved to him a power of revocation by the assent of B. and then A. bargains and sells the Land to another, this bargain and sale is good, and within the remedy of the said Act.

Notes

• Respons.