Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Sir Edward Sackvil against Earnsby.

VPon a motion made by Sir Randal Crew in the behalf of Sir Edward Sackvil against Earnsby, the case was, that two brothers were seised of land, to the eldest for life, the remainder to the youngest in tail, and they covenanted with Sir Edward Sackvil to levy a fine to him of that land, & before the fine acknowledged the eldest brother dyed, and the question was whether the youngest shall be compelled to levy the fine, and presidents were commanded to be searched concerning that matter.

Note, that it was said, that where a commission issued out of the Court of wards to 4 persons or to any 2 of them, and one of them refuse to be a Commissioner, and

the other 3 sit as Commissioners, and he who refused was sworn and examined by them as a witness, and ruled that this is good, for though he refused to be a Com∣missioner, yet he is not excluded to be sworn as a witness.

In evidence to the Iury the case was, that Tenant in taile bargained and sold his land to I. S. and his heires, and I. S. sold to the heire of the Tenant in taile being of full age, and Tenant in taile died, and the heire in taile claimed to hold his estate, and the doubt was, whether he was remitted or no? Hobert was of opi∣nion, that after the death of the Tenant in taile that the heire is remitted, for if Te∣nant in taile bargain and sell his land, the issue in taile may enter, and where his entrie is lawful, there if he happ•• the possession, he shall be remitted; Hutton and Warberton Iustices contrary. For at the first by the bargain and sale the son had fee, and then the estate of the son may not be changed by the death of the father, he being of full age when he took this estate, and this was in an Ejectione firme of land which concerns Sir Henry Compton and the Lord Morley and Mounteagle.