Sir Edward Dimocks Case argued before
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1611 |
| Date | 01 January 1611 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 299
IN THE COURT OF EXCHEQUER
The Duke of Somersets case, 19 Eliz., Dyer, 355, first, as to the exceptions taken to the bar, by the attorney general which were two, it seemed to him that notwithstanding them, the bar is good, for whereas it was objected that the bar is, 300 ! DIMOCKS CASE LAME. 82, that the commission and acknowledgement of the lease were not returned by Hamond and Porter, who were the two commissioners who returned it, to that he answered, that the information mentions the acknowledgement, and the return before them two, and therefore there needeth no answer to more then is within the information, also it cannot be intended to be returned by the other two commissioners, in regard that they I were only1 to the cognizance. Secondly, as to the other exception, viz. that where the information saith, that May bishop of Carlisle by his certain writing of demise^ had demiaed, &c. for the bar is, that the said bishop made a certain writing purporting a demise, &c., that this shall not be intended the same writing mentioned in the information, and 6 E. b. Dyer, 70; Idunns case for Ilebrewers Park vouched in maintenance of this exception, and he said, that it cannot be intended, but that the bar intends the same demise mentioned in the information, for here the lease mentioned in the information, and the lease mentioned in the bar, agree in eight several circujastanceSj as it was observed by the councel of Sir Edward Dimock; see the argument of Bahdrip, and 1 H. 6, fo. 6, where a scire facias was brought against J. S. fche sheriff returned, that according as the writ required, he had made known to J. S. and doth not say, the within named J. S. Altham baron accordingly: as to tho matters in law, there are five points to be considered in the case. First, he said, that the making of the lease to the Queen without acknowledgement is not good, nor matter sufficient to in title the Queen, and he vouched 5 E. 4, fo. 7, and 7 E. 4, fo. 16, \ H. T, fo. 16, 21 H. 7, fo. 18, 1 H. 7, 17, and 3 H. 7, 3, the same law when award-ship; is granted; and so an use cannot be granted to the King, without matter of record 6 E. 6, Dyer, 74, that the Kings lessee for years cannot surrender without matter of record. Secondly, it seemeth that the confirmation of the dean and chapter is good, notwithstand-[62]-ing it wanteth inrolment, and notwithstanding the confirmation made ^before the inrolment, and so before the being of the lease, for here is only an assent of the dean and chapter, for the bishop hath his land in right of his bishoprick, :and an assent may be aswel before the lease as after, insomuch no interest passeth: so also may an attornment be good, before a grant of the reversion, but otherwise it should be, if an express confirmation was requisite in the case, for then it had not been good, and this difference is, where the parties who confirm havei an interest, and where they have only an assenting power, and this is well proved by 29 H. 8, Dyer, 40, T)ie Dean of Sanims case, and by Cook, lib. 5, 81, and 33 H. 8^ tit. Confirmation. Thirdly, it seemeth, that the bare returning of the commission without an express inrolment, is no sufficient matter of record to intitle the King to the lease, for it is without inrolmeut, no more but an acknowledgement, and the deed ought to be of record to pass the estate 7 E. 4, fo. 16, but he agreed, that if the commissioners return an acknowledgement of a debt, this is sufficient to make a debt upon record, 2 H. 7, 10, but if commissioners by a dedimus potestatem, to take coni janee of a fine, receive the conizance of the fine, and return it, yet it is not a fine, until th& final concord be recorded. Cook, lib. 5, Tayes case, and so here, it is no record until the inrolment. Fourthly, in regard there is no inrolment in the life of the (bishop, and so no perfect...
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