Wikes by Enolish Bill in the Exchequer Chamber
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1611 |
| Date | 01 January 1611 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 294
IN THE COURT OF EXCHEQUER
wikes by english bill in the exchequer chamber. trin. 7 jac. In the Exchequer Chamber by English bill this case was depending, and argued before all the barons at Serjeants lime in Fleet Street, viz. the King exhibited an information against Wikes for entering into divers parcels of land, and Wikes pretending that he had good equitie prayed his relief by English bill, in the Exchequer Chamber, and the case upon the said bill was this : Graunt made a lease for years to one Somerfield and John Wintor in trust, and for the benefit of the wife and children of the lessor rendring rent, and after Winter one of the lessees, and also Graunt who was the lessor, were attainted of the gunpowder treason, and Wikes married the wife of the leaaor, and entred, and upon this information he prayed relief in behalf of his. wife and children by this English bill: and first it was agreed by all the barons, that the King by the course of the common law had the moitie of the land, and no more by tie attainder of Wintor, and that Somerfield the other lessee, shall be tenant in common with the King, but what remedy he should have if the King took all the profilathey agreed not. Secondly, they agreed by the admittance of Wikes his councel, that; the King as to the moity which came to him, shall not be ordered in equity to perform the trust reposed in Wintor, for the wife of the lessor, for the King cannot be seised to another mans use, no more can his estate be subject to any trust at this day,.as the attorney general had said clearly, which the Court granted : but Brock of counsel with Wikes seemed not to be satisfied, but that the King ought to execute such trust by equity ; but Tanfield chief baron said, that before me at another day, you were content to be concluded, as to this point: that there is no equity against the King. Thirdly, it was debated, if in this case the King should have the other moity, which was in Sotnerfield by equity, for clearly, if the lease had been made in trust, for the Benefit of the lessor himself, the King should have it by his attainder, and then what; difference, it being made for the benefit of the wife of the person attainted, for her husband might have disposed of it, being a trust only of a chattel as he might have done of a chattel, whereof the wife was possessed, and he might have wholly released this trust, and by...
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