Fermor's case in a case depend in chancery between Richard Fermor Esq  plaintiff and Thomas smith defendant on the hear the cause before sir Thomas  Egerton knight lord keeper of the great seal the case be such Richard Fermor  the plaintiff be seize of the manor of Somerton in fee by indenture June  Elizabeth demise a message parcel of the same manor to Thomas smith the  defendant for twenty-one year render the yearly rend of three pound during the  term by force of which the defendant enter and be thereof possess he be also  possess of diverse other parcel of the say manor at the will of the plaintiff  render twenty shilling per annum and hold diverse other parcel of the say  manor by copy of court roll accord to the custom of the say manor render forty  shilling rend per annum all which lie in Somerton and the say Thomas smith be  seize in his demesne as of fee of diverse land in the same town which be his  proper inheritance and afterward by his deed that of October Elizabeth demise  the say house and all the say land which he hold for year at will and by copy  to one chapel for his life pasch Elizabeth smith levy a fine with proclamation  of as many message and land as comprehend as well all the land which he hold  for year at will and by copy as his own inheritance by covin and practice to  bar the plaintiff of his inheritance the proclamation and five year pass smith  at all time before and after the fine continue in possession and pay the say  several rend to the plaintiff chapel die the year expire and now smith claim  the inheritance of the land which he hold by lease at will and by copy and  will have bar the plaintiff by force of the say fine with the proclamation and  five year pass and the lord keeper of the great seal think and consider of the  great mischief which may ensue by such practice and on the other side consider  that fine with proclamation be the general assurance of the realm refer this  case be a thing of great importance and consequence to the consideration of  the two chief justice Popham and Anderson and after conference between they  they think it necessary that all the justice of England and baron of the  exchequer shall be assemble for the resolution of this great case and accord  in this same term all the judge of England and the baron of the exchequer meet  at sergeant inn in fleet street at two several day where the case be debate  among they and at length it be resolve by the two chief justice Popham and  Anderson and by gawdy and walmesly and all the other justice of England and  baron of the exchequer except two that the plaintiff be not bar by the say  fine with proclamation and that for four cause the maker of the Act of Henry  cap do never intend that such fine levy by fraud and practice of lessee for  year tenant at will or tenant by copy of court roll who pretend no title to  the inheritance but intend the disinherison of their lessors or lord shall bar  they of their inheritance and that appear by the preamble of the Act of Henry  where it be say that fine ought to be of great strength to avoid strife and  debate c but when lessee for year or at will or tenant by copy of court roll  make a feoff by assent and covin that fine shall be levy the same be not to  avoid strife and debate but by assent and covin to begin strife and debate  where none be and therefore the Act do not extend to establish any estate make  by such fraud and practice it be never the intent of the maker of the Act that  those who can not levy a fine shall by make of a estate by wrong and fraud be  enable by force of the say Act to bar those who have right by levy of a fine  for if they themselves without such fraudulent estate can levy a fine to bar  they which have the freehold and inheritance certain the maker of the Act do  not intend that by make of a estate by fraud and practice they shall have  power to bar they and such fraudulent estate be as no estate in the judgement  of law as it be say in Dalamer's case in blow command if any doubt be conceive  upon the word or meaning of a Act of parliament it be good to construe the  same accord to the reason of the commonlaw but the commonlaw do so abhor fraud  and covin that all act as well Judicial as other and which of themselves be  just and lawful yet be mix with fraud and deceit be in judgement of law  wrongful and unlawful quoth alias good justice be si per vim well fraud  to strive for malum injustumefficitur and therefore if a woman have title to  dower which be one of the thing favour in law and by covin between her another  cause a stranger to seize the tenant of the land to the intent that she may  bring a Writ of dower against he which be do accord and the woman recover  against he upon a just and good title yet all the same be void and of no force  to bind the terre tenant a strong in the principal case when the lessee for  year make a feoff by covin which amount to a wrong and seize a fine levy by he  who be sharing in sin and who have not nor pretend any right to the land shall  not be a bar to the lessor and that recovery in dower or any other real action  shall be make a good title against the tenant who come to the land by wrong  and covin be void and of no force appear by ass Edward ass ass Edward Edward  Henry Henry Elizabeth dyer for although that his right be lawful and that he  have pursue his recovery by judgement in the king court yet his covin make all  that unlawful and wrongful andyet recovery and chief upon good title be much  favour in law also the right of inheritance of feme covert and infant be much  favour in law and yet if a feme covert or a infant be of covin and consent  that the discontinuee shall be seize and that the seize shall feoff they and  all this be do accord they be not remit as appear by Littleton chap remitter  Henry b and there it be hold by six justice that in such case if the seize  enter by covin to the intent to feoff the infant although the infant be not of  covin c yet he shall not be remit because he who be in by he who make the  covin shall be in the same plight as he who do the covinous act and it be  agree in Henry b that if a man make a seize to the intent to make a feoff with  warranty although he make the feoff twenty month after yet it be a warranty  which commence by seize so if one make a gift in tail to another and the uncle  of the donor seize the donee and make a feoff with warranty the uncle die and  the warranty descend on the donor and afterward the donee die without issue  the donor bring formedon in the reverter and the tenant plead the feoff with  warranty the demandant shall avoid it because it begin by seize and yet the  seize be not immediate do to the donor but to the donee but by it his  reversion be divest and yet warranties be much favour in law and it appear in  Elizabeth dyer that a vacat be make of a recovery in the common plea have by  covin the law have ordain that he who will be assure of his good shall buy  they in open market and that sale will bind all stranger as well as the seller  and yet it be agree in Henry a b that a sale in market overt shall not bind he  who have a right to the good if the sale be by fraud or the vendee have notice  that the property of the good be another so the law have ordain the court of  common plea as a open market for assurance of land by fine so that he who will  be assure of his land not only against the seller but all stranger it be good  for he to pass it in this market overt by fine for as it be say Finis  that which divides lawsuit to place upon and yet covin and deceit in the case  at bar will void it in Edward who in Vita it be hold that a resignation make  by a abbot by covin shall not abate the writ Edward warranty Edward asset  Edward voucher a covinous conveyance that asset shall not descend be nothing  worth and it appear in Edward and Edward that a estate make to the king and by  his letter patent grant over and all this by covin between he who grant to the  king and the patentee to make a evasion out of the statute of mortmain shall  not bind but shall be repeal and Elizabeth die a presentation obtain by  collusion be void and Elizabeth die letter of administration obtain by  collusion be void and shall not repeal a former administration see Elizabeth  dyer many case there put concern covin and thereupon it be conclude that if a  recovery in dower or other real action if a remitter to a feme covert or a  infant if a warranty if a sale in market overt if the king letter patent if a  presentation administration c sure act temporal and ecclesiastical shall be  avoid by covin by the same reason a fine in the principal case levy by fraud  and covin as be aforesaid shall not bind for fraud dolus no one to be a patron  to withhold note reader in Elizabeth in the king bench between Robert lawn  plaintiff and William Toker defendant in ejection strong of land in Ilfordcoom  in the county of Devon it be adjudge that where tenant for life levy a fine  with proclamation and five year pass in his life that the lessor shall have  five year to make his claim after the death of the lessee and although this  statute of Henry have a save for the lessor in such case yet the save be of  such right as first shall grow remain c and the right first accrue to the  lessor after the fine and the forfeiture but notwithstanding that in as much  as by the covin of the lessee he in reversion or remainder may be bar of his  reversion or remainder for they do not expect to enter till after the death of  the lessee and especial when the lessee have land of his own inheritance in  the same town as in the case at bar he have there the lessor shall have year  after the death of the lessee so it be agree in the same case if tenant for  life make a feoff in fee to one who have land in the same town and the feoff  levy a fine with proclamation it shall not bind the lessor but he shall have  year after the death of the lessee for the lessor can know of what land the  fine be levy for he be not party to the indenture or agreement between the  conusor and conusee so in the same case the judge make a construction against  the letter of the statute in salvation of the estate and inheritance of he in  the reversion and so it have be adjudge before in some have case in the common  plea in sir James dyer time as Plowden tell I also it be say that if lessee  for year make a feoff in fee by practice and covin that the feoff shall levy a  fine with proclamation to another the feoff have other land in the same town  and all this be do accord and yet the lessee do continual pay the rend to the  lessor it shall not bind the lessor for the reason aforesaid last the judge in  this resolution do great respect the general mischief which will ensue if such  fine levy by practice and covin of those who have the particular interest  shall bar those who have the inheritance and especial in the case at bar when  after the fine levy the conusor continual pay the rend to the lessor which  make the fraud and practice apparent and therefore the lessor be secure and  have no cause of any fear or doubt of such fraud but it be resolve that if a  purchase land of b by feoff or bargain and sale and enrol it and afterward  perceive that b have but a defeasible title and that c have right to it b levy  a fine with proclamation to a stranger or take a fine from another with  proclamation to the intent to bar the right of c this fine so levy by consent  shall bind for nothing be do in this case which be not lawful and the intent  of the maker of the Act of Henry be to avoid strife and debate and by the  expresspurview shall bind all stranger who do not pursue their right by action  or entry within year so if one pretend title to land enter and seize another  and afterward with intent to bind the disseisee levy a fine with proclamation  this fine shall bind the disseisee by the express purview of the Act if he  neither enter nor pursue his action within year and this can be call levy by  covin because the levy of the fine be lawful and the disseisee may re-enter or  bring his action within the year the four reason be because the lessee have  contrive his fraud and deceit in so secret a manner that he have deprive the  lessor of the remedy which the statute give he that be to say to make his  entry or bring his action within the year for how can he make his entry or  bring his action when he know not of the feoff which do the wrong and as to  the fine inasmuch as the lessee have land in feesimple in the same town every  one will presume that the fine will be levy of that whereof it may be lawful  levy and although it contain more acre than his own land that be usual almost  in all fine and peradventure the lessor do not know the just quantity of the  lessee's proper land for that do not appertain to he and therefore it will be  unreasonable to give he benefit in this case of the non-claim of the lessor  when the wrong and covin of the lessee be the cause of his non-claim and a man  shall not take advantage of his own wrong or covin the possession of the  lessee be not any mean for the lessor to take any notice of this wrong for he  come to the possession of the land by grant or demise lawful and after the  feoff he continue in the possession as a lessee for he pay his rend as a  lessee ought no indeed  the possession of the lessee and the payment of the  rend be the cause that the lessor neither know nor suspect the fraud also it  be say that the fraud and covin in this case make it more odious because  between the lessor and lessee and the lord and his copyholder there be a trust  and confidence and therefore a lessee for year and a copyholder shall do  fealty which be a great obligation of trust and confidence and fraud and  deceit by he who be trust be most odious in law and if the maker of this Act  have be ask if their intent be that such a fine so levy by such practice and  covin shall bind the lessors they will have answer God forbid that they shall  intend to to bring to pass any such iniquity practice and compass by those in  who there be trust and confidence repose but when a seize although he gain the  possession by wrong levy a fine with proclamation yet it shall bind as be  aforesaid for a seize go for sale tanquam in arena and it be not possible but  that the disseisee to who the wrong be do and who have lose his possession  shall be conusant of it and therefore it will be his own folly if he make not  his claim and it be not accompany with fraud and practice by one who come to  the possession lawful by grant or demise and who have a trust repose in he by  his lessor or grantor which fraud and practice be so secret contrive that the  lessor by common presumption can not have notice to make his claim because his  lessee continue in possession and pay his rend as a lessee ought and as to  that which be object that it will be mischievous to avoid fine on such bear  averment it be answer that it will be a great mischief and principal in these  day in which the poet say e to flee pudor to ungird trust in quorum  to come under locum a deity a large a snare vis love criminal to have if fine  levy by such covin and practice shall bind and such objection may be make if a  fine be levy to secret use to deceive a purchaser a averment of fraud may be  take against it by the stat of Elizabeth cap so if a fine be levy on a  usurious contract it may be avoid by averment by the statute of Elizabeth cap  and sir Thomas Egerton lord keeper of the great seal commend this resolution  of the justice and agree in opinion with they