Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

The King and Holland.

Trin. 23 Car. Banc. Reg.

THe Case between the King and Holland was moved again,* 1.1 and the Councell against the King, moved that the inquisition found for the King to entitle him to the use of the Copyhold might be quashed, because the King cannot be intitled to such a use, because it is a thing in privity on∣ly, and cited the Statute of 27 H. 8. of uses, [Vse.] and Cooks 1. rep. 123, and said, that the King cannot be intitled ot Copyhold lands of an Alien much lesse to the use of Copyhold lands;* 1.2 if he should, 1. The Lord would be wronged, which the King ought not to do, but to protect his sub∣jects, for the protection of the subject, is not only matter of honour to the King, but also of trust in the Crown; 2ly. A stranger is wronged by it; 3ly. The Copyholder of the Manor cannot have remedy for the injury done him,* 1.3 for he ought to sue in the Lords Court, and not else where, and here he cannot do it, and the rule in law is de minimis non curat lex, and it is much lesse for the honnour of the King to have a Copyhold estate,* 1.4 which is a base tenure. But it may be objected, that if the King shall not have this use, he shall be in a worse condition than a subject. To this it is answered, that he shall be so in cases which touch his royalty, and may be a dispa∣ragement to him,* 1.5 which indeed doth not make him in a worse condition though it may seem so, but it is more for his honor, and a Copyhold is an estate at the will of the Lord, and ought to be protected by the Lord; and the King cannot be Tenant at will to any,* 1.6 and therefore cannot have a Copyhold estate; and an Alien is not capable of a trust, because it is a thing in Action which an Alien cannot have, and therefore he cannot derive it from him. Twisden for the King in his Argument considered, 1. Whe∣ther the King can have a use at the Common law which is for an Alien. 2. Whether a trust differs from a use; for the first he said, that an Alien may purchase lands.* 1.7 and a use at the Common law, but he cannot retain them, therefore the King shall have them by his Praerogative, and a use is not a thing in privity, but is an Antient inheritance at the Common law. 2ly. There is no confidence annexed to cestui que use, or to the Feoffor, but may be disposed of. 3ly. Things privity in Action may be given to the King,* 1.8 and a use is an inheritance in the nature of a Chattell. 4ly. A use is grantable over,* 1.9 and therefore may be given to the King, and the meaning of the word lost, in the Statute, is to be intended that it may be lost for the difficulty of finding such subtile conveyances, and not that the right was really lost:* 1.10 And for a trust it is but a new name given to a use, and invented to Defraud the Statute of uses, and a trust of a Copyhold is all one with another trust, for it is the taking of the profits of the land, and not the Estate in the land, and the King shall have it; And to that which is said

that the King cannot be a Copyholder, it is not so clear; for I conceive the contrary: for a surrender of a Copyhold to him is good, and of a use too: and he cited these books, 9 H, 6. fol. 25.20 B. 3. f. 3.11. rep. 91. Rolle Iustice said, that a Trustee or cestuy que trust cannot take the profits of the land,* 1.11 but hath only his remedy in equity, for the Estate in the land is only in the party trusted; and the King shall not have the profits of the land upon an Out-lawry against the cestuy que use, or cestuy que trust. And Law and Equity ought not to be confounded; therefore if the King hath equity for a thing, he ought not to sue for it at the Common law, so is it in this case at the bar. Adjourned.

Notes

• * 1.1

  For quashing an inquisition for the King. Inquisition.
• * 1.2

  Copyhold. King. VVrong. Protection. Trust.
• * 1.3

  Sute.
• * 1.4

  Honour.
• * 1.5

  Copyhold.
• * 1.6

  Alien. Trust.
• * 1.7

  Alien. Praerogative.
• * 1.8

  Privity.
• * 1.9

  Privity.
• * 1.10

  Trust.
• * 1.11

  Cestuy que trust. Equity. Outlawry. Law & Equi∣ty.