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.

Smiths Case.

3 IT was found by Diem clausit extremum, after the death of Richard Smith, that in consideration of a marriage to be had between Margaret Smith, and William Littleton a younger Son to Sir John Littleton Knight,

and of 1300. marks paid by the said Sir John to the said Richard, he made assurance by Fine of his Lands (being 174 l. a year) viz. Of part therof of the value of 123 l. a year, of which part was holden of the Queen by Knights Service in Capite, to the use of himself for his life, and after his decease to the use of the said William and Margaret, and the Heirs of the bo∣dy of the said William, begotten on the body of the said Margaret, and for de∣fault of such Issue, to the use of the right Heirs of the said William. And of the residue therof, being also holden in Capite of the Queen, to the use of himself for his life, and after his decease to the use of the first Issue Male of the said Richard, and to the Heirs Males of his body, and then to other Is∣sues of his body, and for default of such Issue, to the said William and Mar∣garet, and the Heirs of the body of the said William, on the body of the said Margaret lawfully begotten, and for default of such Issue, to the right Heirs of the said William, with this Prouiso, That it shall be lawfull for the said Richard, to make a Joynture to his wife of the Lands limited to his Issue Males, and for making of Leases for 21. years, or three lives, for any part of the said Land, rendring the ancient Rent, except of certain parcels, and that William died without Issue, and that Gilbert Littleton was his Brother and Heir, and that the said Margaret married the said George Littleton youngest brother to the said William, which are yet living: And that the said Richard married Dorothy, and made her a Joynture according to the Pro∣viso: And that the said Richard had Issue Iohn Smith, and died, the said Iohn being his Son and Heir, and within age.

After which, a Melius inquirendum issued, by which it was found, that the said Margaret was the Daughter of the said Richard, and that the said Land was of the value of 12000 l. at the time of the assurance: And how much of the Land shall be in ward, and what Land, and what the Melius inquirendum makes in the case, was the question put to the two chief Iustices, Popham and Anderson, who agreed, that the Queen now shall have the third part, as well of that which was assured to William and Margaret, immediatly after the death of the said Richard, as of that which was limited to Dorothy for the life of the said Margaret, for although money were paid, yet this was not the only consideration why the Lands were assured, but the advancement of the Daughter, and now by the surviving of the said Margaret, shee shall be said to be in the whole, which was assured to her by her Father, and for her ad∣vancement, and the Land (as it appears) was of greater value then the money given, and may as well be thought to be given for the Remainder of the Fee. And agreeable to this was the case of Coffin of Devonshire, about the beginning of the Raign of the now Queen, which was that the said Cof∣fin for moneys paid by one Coffin his Cosin (having but D••ughters himself) conveyed his Land to the use of himself and his wife, and to the Heirs Males of his body, and for default of such Issue to the use of his said Cosin and his Heirs, for which, his said Cosin was to give a certain sum of money to the Daughters for their marriage: Coffin dies, his said Daughters being his Heirs and within age, and were in ward to the Queen, the Lands being hol∣den by Knights Service in Capite: And the third part of the Land was ta∣ken from the wife of Coffin for the life of the said wife, if the Heirs continue so long in Ward.

And it was also agreed by them and the Councell of the Court, that the Melius inquirendum was well awarded, to certifie that the said Margaret was the Daughter of the said Richard, of which the Court could not otherwise well take Conusance, for they thought that it was not matter to come in by the averment of the Attorney-generall, as Dyer hath reported it: But now by the Statute, it ought to be found by Inquisition, and being a thing which stands with the former Inquisition, it ought to be supplied by the Melius in∣quirendum: for the same Statute which gives the Wardship in case where

Land is conveyed for the advancement of the Wife, or Infants, or for the sa∣tisfaction of Debts and Legacies of the party by the implication of the same Statute, this may be found by Inquisitton; and if it be omitted in the In∣quisition, it ought to be found by a Melius inquirendum, but not to come in by a bare surmise. And therfore if in the Inquisition it be found, that the Ancestor had conveyed his Land by the Melius inquirendum, it may be found that it was for the payment of his Debts or Legacies, or that the party to whom, or to whose use it was made, was the Son, or Wife of the party that made it, and that by the very purport of the Statutes 32. & 34 H. 8. as by Fitzherbert, if it be surmised, that the Land is of greater value then it is found, a Melius inquirendum shall issue, and so shall it be if it be found that one is Heir of the part of the Mother, but they know not who is Heir of the part of the Father; so if it be not found what Estate the Tenant had, or of whom the Land was holden: so upon surmise made, that he is seised of some other Estate, or that he held it by other Services, by Fitzherbert a Melius inquirendum shall Issue, and upon this order given, it was decreed accordingly this Term.