De Term. Trinitat
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of Common Pleas |
English Reports Citation: 75 E.R. 967
COURT OF COMMON PLEAS
[19] de term. trinitat. anno XXVIIJ. eliz. keg. 1. Eodes Justice] Judgement shall be given for the plaintif. First, I agree that they are severall rents; and yet this question doth not goe to the overthrow of the action ; in proof whereof both great reason and authority is copious : for if the lessor had entred into parcel, this had not suspended the entire rent; or if the reversion of parcel thereof were granted, this shall carry no more than that which is granted; (& so it was held by the justices) when it was granted to Cordall. And 2 Hen. 6. if I reserve an entire rent,',and the lessee will pay but parcell, &c. & 17 Ed. 3. fol. 52. by Sharde. & 11 Ed. 3. lib. Ass. if I make a lease of two acres, reserving for the one acre xs. to me and to mine heirs; and for the other acre xs. generally : and Dyer, fol. 308. b. & 29 Lib. Ass. pi. 23. if three coparceners be, and rent be reserved for equality of partition, but one scire fac. shall be brought; for it is brought but upon one record; and Littleton pi. 316. but one action of debt for tenants in common, but severall avowries; so I hold that they be severall rents in this case, and yet but one condition : and for that let us see if by grant of parcel, the entire condition be gone. In the case of a common person, it is all gone, as it was adjudged here in Hill, last, where a man makes a lease for years, reserving xxl. for rent, and allso a sum in gross of xxvl. was to be paid to the same lessor, upon condition, if the rent, or sum in gross were behind, then a re-entry to be made. Afterwards the lessor took an estate back again of parcell of the term, the sum in gross was not payd, and it was adjudged that he shall not take advantage by the condition ; for when he took an estate back again, the rent was suspended, and then for the sum in gross he shall not re-enter, because the condition was entire; but allthough that the case of a common person be so, yet the princses case differs; for she shall have her prerogative ; and for the preheminence which the Queen shall have, I referre you to the argument of lustice "Weston in the case of the Lord Barkley : and that the Queen shall have her prerogative in a condition, I will remember the case of the Abesse of Sion, & 38 Hen. 6. & 21 Hen. 7. the King may make a feoffment in fee upon condition that the feoffee shall not alien, and 2 Hen. 7. & 35 H. 6. he may reserve a rent to a stranger; and 21 Eliz. the Queen grants her debt to another, and he in reasonable time will not prosecute, the Queen may take it a-[20]-gain, and may sue : and allso Cranmers case, where King Hen. 8. gave lands to the use of him for life, and after to the use of his executors for twenty yeares, after he was attainted, the Queen shall have this rent as a rent charge, and yet she had the reversion before. And in reason it seemeth the Queen may apportion her condition ; for if this condition by the grant to Cordall shall be avoyded, four principles shall be overthrown; for it is a principle that the King shall not be deceived in his grant. 2. Item, that when concourse and equality of titles come together, the King shall be preferred. 3. Item, in entire things he shall have all. 4. Item, that his grant shall not extend to severall intents or purposes : for the first, if the King be deceived in the operation of the law, his grant shall be voyd, as where he grants to a man and his heirs males, this shall be voyd. 6 Hen. 7. release of all demands. 11 H. 7. 10. release of all action, and yet in those cases there is matter of interest and not prerogative, and yet nothing passeth if she be deceived. For the concourse of title, 4 Ed. 6. a man makes a feoffment in fee, upon condition that the feoffee ahall not commit treason, after the feoffee commits treason, the King shall have the land, & 44 Ed. 3. per Thorp, tenant of the King, &c. he shall have the rent again : and for the case of the Lady Hales in the Comentaries, where lands descend to a villain. For entireties, 44 Ed. 3. the King and others give lands to a monastery, the King shall be sole founder, 19 Hen. 6. he shall have the intire obligation where the one obligee is outlawed: and in 11 Hen. 7. & 2 R. 3. two are indebted to the King, and he releaseth to one of them, then his grant shall not inure to two purposes, Baggots Ass. And so if the King give lands to his villain, this shall be no enfranchisment to him. So for all those reasons I hold the condition may well enough be apportioned. 968 DB TERM. TBINITAT. ANNO XXVILJ. ELIZ. REG. OOULDSBOROUQH. 21. Then for the third matter, when the commission issueth to enquire of all covenants and provisoes, if the condition be within those words; and for that point I think that the plaintif shall recover ; for allthough it be not within the words, yet the commission is generall after; but yet I hold that is within the words, 21 Hen. 7. fol. 37. per Fineux. If I let land for term of years, reridring, &c. I shall have debt or...
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