Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

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Title: Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
Author: Popham, John, Sir, 1531?-1607.
Publication: London :: Printed by Tho. Roycroft for John Place and are to be sold at his shop ...,; 1656.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.
Link to this Item: http://name.umdl.umich.edu/A55452.0001.001
Cite this Item: "Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A55452.0001.001. University of Michigan Library Digital Collections. Accessed June 9, 2024.

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Finch versus Riseley.

2. IN this Term the case betweeen Finch and Riseley was in question be∣fore all the Iustices and Barons for this, assembled at Serjeants-Inn in Fleetstreet, where after Arguments heard by the Councell of the parties up∣on this point only.

If the Queen make a Lease for years, rendring Rent, with a Proviso, that the Rent be not paid at the day limited, that the Lease shall cease, without making mention that it was to be paid at the receit, whether the Lease shall cease upon the default of payment, before Office found therof?

And by Periam and some of the Iustices, the Lease stall not cease untill an Office be found of the default, because it is a matter in Fait which deter∣mines it, to wit, the not-payment.

And by Gawdy, it shall be taken as if it had been for the not-payment, that the Proviso had been that the Lease shall be forfeited: In which case it is not detennined untill Re-entry made for the forfeiture, which in the Queens case ought alwaies to be by Office, which countervails the re-entry of a common person; As where the Queen makes a Lease, rendring Rent, and for default of payment a Re-entry, albeit the Rent be not paid, yet untill Of∣fice found therof, the Rent continues.

Popham, Anderson, and the greater part of the Iustices and Barons resol∣ved that it was cleer in this case, that Ipso facto upon the default of payment, the Lease was determined, according to the very purport of the contract, be∣yond which it cannot have any beeing, and therfore there needs no Office in the case. But where it is that it shall be forfeited, or that he shall re-enter, there untill advantage taken of the forfeiture in the one case, or untill re-en∣try made in the other case, the Term alwaies continues by the contract: And where in the case of a common person, there is need of a re-entry to undo the Estate, there in the case of the King there needs an Office to determine the Estate, for an Office in the Kings case countervails an entry, for the King in person cannot make the entry: And upon this resolution of the greater part of the Iustices in Mich. Term 31, & 32 Eliz. the same case was in questi∣on in the Office of Pleas in the Exchequer, between the said Moil Finch Plaintiff, and Thomas Throgmorton, and others, Defendants, and there ad∣judged by Manwood late chief Baron, and all the other Barons unanimous∣ly after long argument at the Bar and Bench, that the Lease was void upon default of payment of the Rent according to the Proviso of the Lease, and this immediatly without Office for the reasens before remembred; upon which Iudgment was given, a Writ of Error was brought before the Lord Kee∣per of the great Seal, and the Lord Treasurer of England, where it long de∣pended, and after many arguments, the Iudgment given in the Exchequer by the advice of Popham and Anderson was affirmed, and that upon this reason, for the Proviso shall be taken to be a limitation to determine the Estate, and not a Condition to undo the Estate, which cannot be defeated in case of a Condition, but by entry in case of a common person, and but by Office (which countervails an entry) in the case of the Queen. And this Iudg∣ment was so affirmed in Mich. Term, 36, & 37 Eliz.