The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CCXXVII. Sir Thomas Holland and Bonis's Case. Mich. 29 Eliz. In the Common Pleas.

IN a Replevin,* 1.1 the Defendant made Conusans as Baily to Tho. Lord Howard, and shewed, That the Prioress of the late dissolved Priory of Hallywell was seised of the Mannor of Priors in the County of Hertford, and granted the same by words of Dedi & concessi pro certa pecuniae summa to the Lord Audley, Chancellor of England, and his Heirs, who died thereof seised; and that the said Mannor (inter alia) descended to Mary, Daughter and Heir of the said Tho. Lord Audley, who died thereof seised; by force of which, the said Mannor descended to the said Tho. Lord Howard, &c. And shewed, That the Conveyance by the Prioress bore date, 4. Novemb. 29 H. 8. and then enrolled in the Chan∣cery. The Plaintiff in bar of the said Conusans, shewed, That after the making and inrolling of the said Conveyance, the said Prioress Leased the Lands to Sir Hen. Parker for 99 years, and conveyed the said Lands to himself; and further shewed, That the said Conveyance specified in the Conusans, fuit primo deliberatum 4. November, 31 H. 8. without that, that the said Prioress, the said 4. Novemb. 29 H. 8. dedit & concessit, the said Mannor to the said Lord Audley. Vpon which it was demurred. And it was the

clear Opinion of the Court, That the Averment de primo delibe∣ratum against a Deed enrolled, ought not to be received. For by the same reason, it might be averred, Nunquam deliberatum; and so upon the matter, Non est factum.

It was further Objected, That a Bargain and Sale by a Cor∣poration is not good; For a Corporation cannot be seised to ano∣ther's use; and the nature of such a Conveyance is to take effect by way of use in the bargain, and afterwards the Statute draws the possession to the use: But the Court utterly rejected the said Exception as dangerous, for that such were the Conveyances of the greater part of the possessions of Monasteries. And it was in this Case said by Shuttleworth, Serjeant, That although such a Corporation could not take an Estate to another's use; yet they might charge their own possessions with an use to another.

Notes

• * 1.1

  1 Len. 183. 2 Len. 12. Owen Rep. 138, 139,