An exact abridgement in English of the eleven books of reports of the learned Sir Edward Coke, knight, late lord chief justice of England and of the councel of estate to His Majestie King James wherein is briefly contained the very substance and marrow of all those reports together with the resolutions on every case : also a perfect table for the finding of the names of all those cases and the principall matters therein contained / composed by Sir Thomas Ireland.

Cases in the Court of Wardes.

Myghts Case, 7. Jacobi. fol. 163.

1. REsolved, if J. M. purchase Lands to him, and an Infant in fee, it cannot be averred that this was to take away the wardship, because he never was sole Tenant to the King.

2. No feoffement that I. M. can make of his moi∣ty, can be aver'd to be by collusion, &c. because with∣out feoffement no wardship shall be, and also the Statute speakes of sole seisin.

3. A feoffement to the wife or younger Child can∣not be averred to be by covin, &c. upon constructi∣on of the Statute of 32. & 34. H. 8. where collusi∣on cannot be averred by the Statute of Marlebridge, it cannot be now to seize all the Land, but it may be for the third part which belongs to the King: If a third part be left to the King, no averrement of

covin may be for the other two parts, the Father makes a feoffement to diverse uses, the remainder to his second Sonne and dyeth, his Eldest Sonne dyes, the second Sonne shall not be in ward by aver∣ment of covin.

Digbies Case, 7. Jacobi. fo. 165.

TEnant of the King conveys his Lands to the use of himselfe for life, the remainder to his Sonne and Heire in taile, and after is attainted of Treason, the King shall have no wardship of any part of the Land by 32. & 34. H. 8. because there is no Heire, and livery must be sued in the name of the Heire, but the King shall have wardship in such a case before 26. H. 8. because there was an Heire.

The Earle of Cumberlands Case, 7. Jacobi. fol. 166.

E. 2. granted the Castle and Mannor of S. in taile to R. C. H. 6. granted the reversion to T. C. if the taile be good, if not, he grants it in possession, this is good one way or other, and so are many Pa∣tents from time to time.

Paris Stoughters Case, 7. Jacobi. fol. 168.

BY Mandamus it was found that P. S. dyed seised 40. El. and held of the Queen in common socage, 7. Jacobi. a Melius inquirendum was awarded, whither he held of the King by common socage, or in chival∣ry, and it is found that he held of the Queene by chivalry. This Writ of Melius, &c. is repugnant, and giveth no authority to find this office, because a Tenure cannot be of the King, in the time of Queene Elizabeth, and therefore a new Writ shall be award∣ed,

but if the first Melius be good, no other shall issue. 1. For avoiding Infinitnesse. 2. A Diem clausit, &c. shall not issue upon a Diem, &c. Nor Mandamus upon a Mandamus, so a Melius, &c. shall not issue upon a Melius. 3. If an Office be found a∣gainst a Subject, he shall have a traverse, and if upon that it be found against him, he hath no remedie: So the King shall have but one office, and a Melius, and no more, although that a Tenure be found of two Subjects, or one hath an Ouster le maine, the King shall not reseise without a Scire facias.

Toursons Case, 8. Jacobi. fol. 170.

IF Tenant of the King commit Fellony A ^o 1. Jaco. and after is attainted A ^o 3. for the same, and af∣ter in A ^o 4. all is found by office. Now this office shall have relation to the time of the Fellony, to a∣void all meane alienations and incumbrencies, but for the meane profits it shall have relation to the time of the Attendor for their the Kings Title ap∣peared of Record, and the like Law is of an Ideot. But in case of a ward within age, the King shall have the meane profits from the death of the Auncestor, because he hath it by reason of his Seigniory, and he looseth the rent and services in the meane time; the difference is, when the King seiseth jure protectio∣nis regae, or Nomine destrictionis, and when Ratione Pri∣oris recti seu tituli.

Sir Gerrard Fleetewoods Case, 8. Jacobi. fol. 171.

SIr William Fleetewood receiver of the Revennues of the Court of Wards, in Anno. 35. Eliz. was pos∣sessed of a Messuage and certaine Lands in Harrow in Com: Mid: for a tearme of yeares, in Anno. 36. Eliz.

he became Receiver generall, and was bound in 20. Obligations of 200. l. a peece to make true account &c. And after upon severall accounts he became in∣debted in great Summes of money to the Queene, and being so indebted in consideration of 1100. l. did bargaine and sell the said Lease to James Pember∣ton, which by meane conveyance came to Sir Gertard Fleetwood. Question, Whither this Lease, &c. was extendable and lyable to the Kings Debt, &c. and it was resolved, that the said sale of the tearme was good against the King, because the tearme was but a Chattell, and the sale of Chattells after judgement, Bona fide, is good, but not after Execution awarded.

And Cooke Chiefe Justice, said, that a Receiver or other accomptant which is indebted, shall not be in worse case then a Fellon or a Traytor, that may after Fellony or Treason, and before conviction, sell, Bona fide, for his sustenance, &c. his Chattells, eyther reall or personall.

Hales Case, 8. Jacobi. fol. 172.

THe Heire Ward comes to full age, and tenders his livery, and bargaines and sells, and dyes, the interest of the King is determined, and the Bar∣gainee shall not answer for the meane profits, for the Heire had done all that he could doe, and no default in him, otherwise if he had not tendered it.

Sir Henry Constables Case, 8. Jacobi. fol. 173.

THe Sonne of the Tenant of the King is made a Knight in the life of his Father, the Father dyes, the Sonne within age tenders his livery, by that, the meane profits are saved, and the King shall not have the rates within age.

Virgill Parkers Case, 8. Jacobi. fol. 173.

VIrgill Parker seised of the Mannor of Fushell in fee, houlden of the King in Chivalry of his Dutchie of Lancaster, maketh a feoffement of the one halfe to the use of himselfe for life, and after to the use of Mary Coney (whom he intended to Marry) for her life for her joynture, and after he Married her, and then Leased the other halfe to I. C. for yeares, for payment of his Debts and Legacies, and dyed, his Heire within age. Question, whither the King should have the third part out of the Mannor so Leased onely, or out of the whole; and it was resolved, that it shall be out of the whole Mannor, although the e∣state of the Wife was precedent, that is, equally out of both parts.