Certain select cases in law reported by Sir Edward Coke, Knight, late Lord Chief Justice of England ... ; translated out of a manuscript written with his own hand, never before published ; with two exact tables, the one of the cases, and the other of the principal matters therein contained.

XIX. Trinit. 7 Jacobi Regis: In the Court of Wards.

IT was found by force of a Mandamus at Kendal in the County of VVestmerland the 21 of December, 6 Jacobi Regis, That George Earl of Cumberland, long before his death, was seised in tayl to him and to the Heirs males of his body, of the Castles and Mannors of Browham, Appleby, &c. the Remainder to Sir Ingram Clifford, with divers Remainders over in tayl; the Remainder to the right Heirs of Henry Earl of Cumberland, Father of the said George: and that the said George, Earl, so seised by Fine and Recovery, conveyed them to the use of himself and Margaret his Wife for their lives, for the Ioyn∣ture of the said Margaret; and afterwards to the Heirs males of the body of George Earl of Cumberland, and for want of such issue, to the use of Francis, now Earl of Cumberland, and to the Heirs males of his body begotten; and for want of such issue, to the use of the right Heirs of the said George: and afterwards, by another Indenture, conveyed the Fee-simple to Francis, Earl: By force of which, and of

the Statute of uses, they were seised accordingly: and afterwards, 30 Octob. anno 3 Jacobi, the said George. Earl of Cumberland dyed without Heir male of his body lawfully begotten: and further found, that Margaret, Countess of Cumberland that now is, was alive, and took the profits of the premisses from the death of the said George Earl of Cumberland until the taking of that inquisition; and further found the other points of the Writ.

And first it was objected, that here was no dying seised found by Of∣fice, and therefore the Office shall be insufficient: But as to that, it was answerod and resolved, That by this Office the King was not en∣titled by the common Law for then a dying seised, or at first a dying the day of his death was necessary: But this Office is to be maintained upon the Statute of 32 and 34 H. 8. by force of which no dying seised is requisite, but rather the contrary, (scil.) If the Land be (as this case is) conveyed to the Wife, &c. And so it was resolved in Vincents case, anno 23 Eliz. where all the Land holden in Capite was conveyed to the younger Son, and yet the eldest Son was in Ward, notwithstanding that nothing descended.

The second Objection was, It doth not appear that the Estate of the Wife continued in her until the death of the Earl, for the Husband and Wife had aliened the same to another; and then no primer seisin shall be, as it is agreed in Binghams case.

As to that, it was answered and resolved, That the Office was suf∣ficient prima facie for the King, because it is a thing collateral, and no point of the Writ; and if any such alienation be (which shall not be intended) then the same shall come in of the other part of the Alie∣nee by a Monstrans de droit; and the case at Bar is a stronger case, be∣cause it is found, that the said Countess took the profits of the premisses from the death of George the Earl, until the finding of the Office.