Reports in the Court of Exchequer, beginning in the third, and ending in the ninth year of the raign of the late King James by the Honourable Richard Lane ... ; being the first collections in that court hitherto extant ; containing severall cases of informations upon intrusion, touching the King's prerogative, revenue and government, with divers incident resolutions of publique concernment in points of law ; with two exact alphabeticall tables, the one of the names of the cases, the other of the principall matters contained in this book.

Catesbies Case Pasch. 7. Jac. in the Exchequer.

TAnfield chief Baron said, that in the year 31. Eliz it was adjudged in Goar and Peers Case, if Tenant for life infeoffe A. and his heirs to the use of the feoffee and his heirs during the life of the feoffor, that this is a forfeiture, because these words during the life of the feoffor shall be but to the use limited, and he put the case which Serjeant Nichols put at the Bar of the Lady Catesby, which was, that a man suffered a recovery to the use of William Catesby and Anne his wife, and of the longer liver of them, and of the Executors of William for forty years, if one Elizabeth Catesby should so long live, William Catesby dies, and the reversion came to the King by forfeiture, and he pretended, that Elizabeth Ca∣tesby being dead the estate is also determined, in regard that these words, if Eliza∣beth shall so long live, refer to all the estate; but Curia avisari vult.

It was said by the chief Baron, that if a man plead a deed in writing, and the other partie do not pray Oyer, the same Term he shall not have Oyer in another Term in the Common Pleas, but in the Kings Bench Oyer shall be granted in another Term.

It was found by office that Elizabeth Bowes was convicted of Recusancy in 35. Eliz. and that a lease for years was made unto her in the year 36. Eliz. in trust, and that she had conveyed this lease over according to the trust, and a questi∣on was demanded, if the King shall have this term or not for her Recusancy, and it seemed that he shall, because she is not capable nor lyable of any trust, and there∣fore the conveyance made by the Recusant was, as if it had been without any com∣pulsion by reason of the trust.

If a Coppiholder of the Kings Mannor pretendeth prescription for a Modus decimandi against the Parson, the right of Tithes shall be tried in the Exche∣quer, and a prohibition was granted to the Ecclesiastical Court in this Case.

Owen Ratliff was lessee for years of the King rendring rent, and he assigned his Term to Sir Thomas Chichley in trust, for payment of the debts of the said Owen Ratliff, and after the Debts were paid, Chichley resigned it, but in the interim between the assignment and the resignment divers rents incurred to the King, and the Barons agreed; that these arretages in Law may be levied upon the land of Chichley notwithstanding the trust, but because the Court was in∣formed, that the Executors of Ratliff had assets, and continued farmer of the farm at that time, they compelled him to pay it, and being present in Court, they imprisoned him untill payment made, and allowed him his remedy by English Bill against Chichley, and that by the agreement, Chichley was to have paid the rents to the King.