a report of the opinion of diverse of the judge and other learned in the law  hereunder name in a case depend in the court of the duchy of Lancaster wherein  many thing appear concern the estate and degree of the say court and of the  land of the same duchy as well as of the person of the present queen in  relation to the duchy and of the king that have heretofore inherit the duchy  mich term Elizabeth a lease under the duchy seal of land parcel of the duchy  make by king Edward within age to commence after the end of a former lease in  be be good and not avoidable by reason of his nonage S c die pl Inst Crompt I  c b vin Abr title prerogative m b pl on the morrow of the term of saint  Michael videlicet on the eve of saint Andrew the apostle in the that year of  the reign of queen Elizabeth dyer chief justice of the common bench sander  chief baron of the exchequer rastal one of the justice of the king bench and  also one of the justice of assize in the county palatine of Lancaster Anthony  brown one of the justice of the common bench Corbet one of the justice of the  king bench Weston one of theJustices of the common bench Frevil one of the  baron of the exchequer Carus queen sergeant Puttrell sergeant who be the other  justice of assize in the say county palatine of Lancaster Gerard the queen  attorney Ruswel the queen solicitor carell apprentice attorney of the duchy  and Plowden apprentice who be one of the counsel of the say court by the queen  command assemble at sergeantsinn in fleet street to confer together in order  to understand the law in a certain case which be depend in the say court  between the queen on the one part and diverse of her subject several on the  other part wherein the queen require their resolution upon the matter in law  and the case be deliver to they in write in Plowden er p this manner king  Henry be seize of certain land in right of his duchy of Lancaster make a lease  to W c by the advice of the counsel of the say duchy and under the duchy seal  for the term of year and die after who death king Edward by like advice make a  lease to r W of the same land for the term of year to commence immediate after  the expiration forfeiture surrender or other determination of the first term  the same king Edward then be within the age of year the question be if the  present queen shall be bind by this lease make by king Edward or if she shall  avoid it by reason of the nonage of the say king Edward and this case be argue  in the duchy Chamber in the time of queen mary when sir Edward Waldegrave  knight be chancellor of the duchy on a demurrer upon the point between John  Scudamour plaintiff and lady mary Morgan late wife of sir Richard Morgan  knight decease late chief justice of the common bench defendant upon a lease  of land in the county of Monmouth parcel of the duchy but it be not adjudge in  the time of queen mary and the judge and other abovenamed now consider first  what the commonlaw be in this case and then what be the purport of the statute  make concern the duchy all which they pursue Plowden and this the great part  of they as well as sir Robert Catline chief justice of England who be now sick  have do twice before in Michaelmas term in the second and three ear of the  present queen videlicet once at the same sergeantsinn and the other time at  SpoonersHall in fleet street be there assemble for the same cause at which  place they have debate the matter at large and by their several argument at  SpoonersHall they bad show their opinion and the great part of they then and  all of they now assemble except Ruswel who have but little time to consider  the matter unanimous agree that the queen shall not avoid the lease make by  kin Edward her brother by reason of his nonage for first of all they agree a h  I Edward bro age prerogative b n c kelw pl   a   a calvin case   Litt a pref  to Inst I roll Abr a I finch finch Bac Abr vin Abr title enfant a pl post m a  that by the commonlaw no act which the king do as king shall be defeat by his  nonage b   a calvin case post a b for the king have in he two body videlicet a  body natural and a body politic his body natural if it be consider in itself  be a body mortal subject to all infirmity that come by nature or accident to  the imbecility of infancy or old age and to the like defect that happen to the  natural body of other people but his body politic be a body that can be see or  handle consist of policy and government and constitute for the direction of  the people and the management of the publicweal and this body be utter void of  c the king be always adjudge in law of full age and infancy shall not be  presume in he Crompt I c b finch post c c infancy and old age and other  natural defect and imbecility which the body natural be subject to and for  this cause what the king do in his body politic can be invalidate or frustrate  by any disability in his natural body and therefore his letterspatent which  give authority or jurisdiction or which give land or tenement that he have as  king shall not be avoid by reason of his nonage d ass pl Fitzherbert enfant  bro age d and hereupon be allege what Thorp say in ass that the king gift  shall not be defeat by his nonage and so have many peer and sage of the realm  say e m Edward pl Fitzherbert law age bro e and also it be say it appear in  Edward that the same king Edward bring a writ of right of a manor as heir to  king Richard and there it be plead that the king be within age judgement if  during his nonage he shall be receive to this writ and the exception be not  allow for which reason the tenant demand the view and bad it bv which case it  appear that the nonage which the king have in his natural body shall not  blemish or defeat the act or suit which he do or pursue in his body politic  further as to the thing which he have in his body natural they take the law to  be f S p Crompt I c b I finch finch infra n f that if the king have land by  descent on the part of his mother or other Plowden er p ancestor or which he  when king purchase in fee in the capacity of his body natural or which he  purchase before he be king if he be king give they to another during his  nonage such gift by the course of the commonlaw shall never be defeat by  reason of his nonage for although he have or take the land in his natural body  yet to this natural body be conjoin his body politic which contain his royal  estate and dignity and the body politic include the body natural but the body  natural be the lesser and with this the body politic be consolidate so that he  have a body natural adorn and invest with the estate and dignity royal and he  have not a body natural distinct and divide by itself from the office and  dignity royal but a body natural and a body politic together indivisible and  these two body be incorporate in one person and make one body and not diverse  that be more the body corporate in the body natural et e contra the body  natural in the body corporate so that the body natural by the conjunction of  the body politic to it which body politic contain the office government and  majesty royal be magnify and by the say consolidation bath in it the body  politic for which reason the act which the king do touch the thing that he  possess or inherit in the body natural require the same circumstance and order  as the thing which he possess or inherit in the body politic do for the thing  possess be not of such consideration as to change the nature of the king  person but the person who possess it change the course of the thing possess g  S p I keb finch g and therefore it be hold that if the king will part with  land in fee which he have by descent on the part of his mother or by some  other ancestor who be not king this shall pass by his letterspatent only  without other matter and without livery of seize for be can make livery of  seize in his body natural distinct from the body politic because they be one  same body and not diverse so that he can do it without do it as king and it  will be inconvenient and beneath the dignity royal for the law to make the  king give livery in proper person to a subject h m h bro patent h and beside  livery of seize be matter of fact which the kin can do I the king can take nor  part with any thing but by matter of record m h b per choke die pl pl Poph   a  dr and Stud lib cap foe finch finch post p cowel Inst I for his act ought to  pass by matter of record which be suitable to his majesty and therefore the  land shall pass by the king letterspatent only by the course of the commonlaw  and so it have be the practice with regard to the land which descend to the  king from the duke of York the earl of march and other of the king ancestor  who never be king king vide m h b per choke t Edward Fitzherbert feoff h h bro  faits enrol feoff b n c roll Abr z pl finch vin Abr title prerogative z c pl  in margin post e king and also if a man will give land to the king and to his  heir which he will vest in his body natural and bot in his body politic the  king can take this by livery but it ought to pass to he by deed enrol or  matter of record causan how above S p post S and see the book there cite and  if the mother or other ancestor of the king make a lease for life render rend  with reentry for default of payment and die so that the reversion descend to  the king if the rend be in arrear he shall reenter without demand for be be  not bind by law to make demand in his proper person causan how above m   b   b  more Leon finch finch post king m but the breach of a condition ought to be  find by office before the entry of the king n see above f n and so if the king  alien land which he bad by descent from his mother he shall not defeat it by  reason that he be within age at the time of the alienation oh   Litt b more t  raym post b oh for his body politic which be annex Plowden er p to his body  natural take away Plowden the imbecility of his body natural and draw the body  natural which be the lesser and all the effect thereof to itself which be the  great because to greater extent worthy to draw ad see minus worthy and yet if  land descend to the king from his common ancestor be shall have it by reason  of his body natural for this body be privy to the descent but the body politic  be not privy to this descent and if the second son of the king purchase land  and alien it within age and afterward the king and his old son die so that the  second son become king he may enter for the nonage which be in he before  videlicet at the time of the alienation when he be not king but yet he ought  to have a office before his entry to find his title because his person which  have a right of entry before have now the estate royal unite to it which can  do nothing without record but if he have be king at the time of the alienation  he shall never have avoid it by reason of his nonage a Bac Abr a for it will  be repugnant to say that he be disable to make a feoff or lease who be admit  and receive to govern the realm and the people and all the business of the  realm then in the principal case here king Henry be son and heir to John a  gaunt who be one of the son of king Edward and also son and heir to blanch  wife of the say John a gaunt whowas daughter and heir to Henry duke of  Lancaster so that the Dutch of Lancaster come to the say king Henry by descent  on the part of his mother b Crompt I c b a b and in this case if he have not  afterward be king his possession shall have pass by livery and seize and  attornment c in the same manner as the possession of other subject ought to  pass c Crompt I c a b c but after he have depose king Richard and bad assume  upon he the royal estate and so bad conjoin to his natural body the body  politic of king of this realm and be become king then the possession of the  duchy of Lancaster be in he as king and not as duke d Litt r Crompt I c a post  d for the name of duke be low than the name of king be drown by the name of  king and by the accession of the estate royal to he who be duke for the king  can not be duke in his own realm though he may out of it and in like manner  the name of the duchy and all the franchise liberty and jurisdiction thereof  while they be in the hand of he that have the crown and jurisdiction royal be  extinguish by the commonlaw e Crompt I c b e and after that the possession of  the Dutch of Lancaster can not pass from king Henry by livery of seize but by  his letterspatent under the great seal of England without any livery of seize  or attornment as the possession of the dukedom of York or the earldom of march  or such other possession which have descend to the king of this realm from  other ancestor than king have use to pass heretofore from the king of this  realm f more arguendo f and so they shall have pass until this day by the  commonlaw if no statute have be make to the contrary and therefore his grant  or alienation of the land parcel of the duchy make during his nonage shall not  be avoid by the commonlaw and so they take the commonlaw to be in this case  but in order to take away the commonlaw and to have the duchy to be a duchy  with liberty to it as it be before and to alter the order and degree of the  land of the duchy the say king Henry make a charter by authority of parliament  which be entitle Carta king Henry four de separation leadership Lancastriae a  Corona authority parliament year royal power Himself primo part whereof here  follow charter of h of separation of the land and possession of the duchy of  Lancaster from the crown vide keb raym Lutw Henry God agreeableness king  England et France dominus Scotland omnibus ad quos present circumstance litter  to come up health to know quod cum leadership Lancastriae ac how more alian  comitatus homores castle maner fee possession et owner infra kingdom nostrum  England et walliae et alibi we tamper death frequented memory Henry recently  leader Lancastriae out of the way our men ac charissimi domini et father our  men John recently leader Lancastriae nor charissimae Plowden er p owner et  matris our men Blancice wife he fern et Aceredis prtedicti Henry we jure  hcereditario adequam ad position et rank royal a thing dominus all svan  ineffebili madness our nuperrim to call out to climb down et acriderunt in who  indeed ducalu county honor castle manor possession et rule to visit freedom  jura regalia accustom et udinem et franch ice speech ancestor et he that goes  before our men qucedam videlicet ei el Aceredibus de corpore his to go out et  qucedam Himself et hceredibus male de co? poribus nest exeunlibus ac qucedam  prcefato lord el palri our men ad boundary v itce juice per to visit chart jam  domini eduvardi recently king Inglice out of the way our men how domini  richardi recently king England favorable post complaint are el to be  concession prout in chart prCedictis that this only is apparent who tenore to  follow in hcec word Edward God agreeableness c to know quod si our debt is  owed cansideratione to weigh movement of the limbs magnificos all in a body  who we in war our men laudabiliter et active servierunt Self to sit long honor  atiollere et pro man juxta meritaprtemiare how much to greater extent son our  men quos t m prudence how in movement of the limbs famous alioi Prcecellere to  look at attentively el who we locum to hold et rashly poteruntpoliorem our it  agrees together agreed mayor honor et agreeableness prcerogare to look at  closely and so uprightness active et sapentiam prcvcellentem charissimi son  our men John king Castellce et legionis leader Lancastrim who laborious et  expenditure always see we obsequiosum exhibuitpro nobispluries in  necessilatibus ivlrepO see guerrar crisis to put out Elizabeth odorous  eoprCetextu ac to look at closely eundeln son nostrum aliquali suitably et  honor ad prcesens although non ad plenum prout dignan merit exposcu remunerar  ex certan knowledge our men et iceto cord de assent prcelatorum et nobles in  earnestness parliament our men at westmonasterium convocator existence to go  away pro we et hmredibus our men bring utterance son our men qubd I see t d oh  n p I t to I vine svan to have infra county Lancastrice cancellariam svan ac  short catalog svan sub seal his pro duty porter deputand consignand justice  swine tam Plowden ad placita corontv queen m ad qucecunque alian placita  common feature law tangential tenanda ac cognition the same el quascunque  performance per short catalog svan et minister swine ibidem to make et  qucecunque alian freedom et jura regalia ad county palantium to stretch out to  such a degree freely Elizabeth ntegre as come Cestrice infra the same county  Cestrice dignosci to hold fast c our not dictam inheritance our men or freedom  the same occasion eager adoption regalia status et rank nostrce in to some  place to move to bear to break into small pieces seu to repeal in part send  the same hcereditatem our men cum law et freedom nest prediction the same  modus el form condition et stalu who we to climb down el reveneru ac etian cum  omnibus el one ankle libertatibusel franchesiis ac other privilegi  commoditalibus et adj whoever who preceding dominus et pater our dumb to live  she ad boundary v itce juice ex concession prCedicti richardi recently king to  have el to hold we el speech hceredibus our men in speech paper specificatis  plenary et untouched to retain continuar et to have to will ac tenore  prcesentium ex certan knowledge our men de assent prcesentis parliament our  men to go away declarimus discernim el to order pro  nobis el hceredibus our  men quod tand v ducalus our Lancastrice how Universa el one alian comitatus  homores castle maner Jeoda legal support possession annuitates et owner  qucecunqW we ante act of obtaining rank nostrce regius no matter how el  wherever jure hcereditario in of servicio well in reversion seu alias no  matter how discensa we et speech Aceredibus noslris in paper preceding  specificalis in form preceding to stay behind in continuous see more keb el  quod in such a manner et tali modus el per tale officiarios el gninistros in  omnibus to stay behind deduca guberne et pertractentur as to stay behind  launch downstream to steer et pertractari to withhold si ad culmen rank regice  assumpti too little Juissemus ao insuper quod ankle el hujusmodi freedom jura  regalia custom et franchesice in ducdlu county honor castle manor Jeodis et  certer possession et in dominiisprcedictis in omnibus et per in all respects  in u e continuous to have to drive continuenturfiant et t Wu r et per tale  officiarios et minister guberne et exeque quce et qualia et per wicker basket  officiarios et minister jam tem poor speech domini et father our men how tem  the mouth a ior a progenitoruin et he that goes before our in speech  leadership county honor castris  maneriis Jeodis et other possession el rule  preceding in order that to have ac ring Elizabeth to steer to become used army  chartar praedidarum willing beyond et  to go away ac pro we el hceredibus our  men preceding ex certan knowledge our men el assensm prcedictis plenarid  declarant qubd whole world et one teneqztes de leadership county honor manor  Jeodis et other possessionibas el rule raedictis et hceredes Himself to such a  degree unconstrained to be Elizabeth n omnibus tale to such a degree liberce  et illesce condition jam entry nest in hcoredidates suaspost death he that  goes before Plowden er p of oneself how in tenuris nest et other whoever as be  to be able et to withhold de experience well de jure si dictam rank our men  regius we nowhere to fall upon dictam assumption our men rank palace or quod  leadership comitatus homores castle maner fee legal support possession owner  et freedom prediction in manu our men jam to step out seu aliquan interruption  cessation well discontinuatione freedom to say before seu some other  opportunity cause color well hindrance whoever who in opposite direction  present circumstance will permission et revelation our men stiffness seu  execution once to have not in to some place non a standing before by which  charter it be ordain that the duchy of Lancaster and all the possession  thereof shall not be alter or change by reason that king Henry assume the  royal estate upon he but that they shall be preserve and continue in the same  form condition and estate in which they descend and come to he and shall  remain to the same heir contain in the charter beforementioned and that they  shall so in such manner and by such officer and minister in all point remain  be order govern and demean as they shall have be if he have never be king so  that by these word the duchy be a duchy with the like franchise and liberty as  it be before mere disjoin from the crown and from the minister and officer of  the crown and from the receipt of the revenue of the crown and from such order  of conveyance as the law require in the pass of the possession of the crown  for if the king will give any land parcel of the duchy to another in fee or  for life he ought to make livery of seize and also upon his grant of the  reversion there ought to be attornment in the same manner as there shall have  be before he be king and this be by reason of these word of the charter see  more quod in such a manner et tali modus to stay behind deduca to steer et  pertractentur as to stay behind launch downstream to steer et pertractari to  withhold si ad culmen rank palace assumpti too little to be and also by reason  of the other word in the say charter which separation division and severance  of the duchy from the crown and from the receipt and order of the possession  of the crown seem to the judge and other the counsellor abovementioned to be a  politic scheme of king Henry who well know that he have the duchy of Lancaster  upon a good and indefeasible title and that his title to the crown be not so  good and therefore have some distrust that in time to come the crown may be  take from he or his heir and be desirous nevertheless that the duchy shall  continue to he and his heir and know at the same time that if the possession  of the duchy shall be mix with the possession of the crown and not be  notorious cut and dissever from the possession of the crown it may be a mean  of cause the duchy the soon to be take away from he or his heir or at least he  or his heir will receive no good by their be mix with the possession of the  crown if the crown shall be take from he or his heir for these reason he make  the say charter by the authority of parliament whereby the say separation be  make as be show before but notwithstanding Plowden that the possession of the  duchy ought to be demean and order and pass as they shall before Henry be king  by force of the word of the say charter yet there be no clause in the charter  which make the person of the king that have the duchy to be in any other  degree than it be before but for thing which concern his person he shall be in  the same estate as he be before so that if the law before the charter adjudge  the person of the king to be of full age have regard to his gift as well of  the land which he inherit in his body natural as of that which he inherit in  right of his crown so be shall be adjudge with regard to the land of the duchy  ever since the charter for the charter extend only to the estate condition and  order of the land of the duchy but do not reach to the person of the king who  have the land in point touch his person nor do it diminish or alter the  preeminence which the law give or attribute to the person of the king but the  same continue as well with regard to the possession of the duchy of Lancaster  as the land which come to he from other ancestor a h h pl more S c cite but  there misprint h Crompt I c a post a and in proof hereof be cite the case in  hill h which be as follow videlicet king Henry bring a to know facias against  the Lord strange recite that a judgement give against Thomas of Lancaster his  ancestor by which he be to forfeit his land be reverse for certain Plowden er  p error at the suit of Henry of Lancaster brother and heir of the say Thomas  in a parliament hold in the first year of the king his grandfather and the say  Henry be admit to inherit to the say Thomas and he demand to know if he can  say any thing why the manor of m whereof the say Thomas be seize at the time  of the judgement give and whereof the Lord strange be now seize shall not be  deliver to the king as cousin and heir of the say Thomas and the record of the  reversal be resident of ancient time in the king bench Horton judgement of the  writ for the writ say quod non to let go near aliquan freedom in bailiff tua  which word be use in writ where the king demand as king a thing belong to his  crown but here be demand execution by his writ as duke of Lancaster and not as  king so that these word non to let go shall not be put in the writ wherefore c  Tirwith although he demand the manor as parcel of the duchy of Lancaster he be  the same person that be king and he can sue otherwise than as king huls the  king have such a prerogative that no officer shall b post Q b execute his writ  but his own and although there be a franchise in the county yet the sheriff be  the king officer and shall make execution for the king within the franchise  and without wherefore for the king the writ ought not to be otherwise  gascoigne by advice we award the writ good and this case be cite by Catline  chief justice of the king bench at the first assembly abovementioned at the  say sergeantsinn in the say term of saint Michael in the second and three year  of the reign of the present queen and he have a copy of the say writ of to  know facias write out of the say record remain in the king bench which he then  show to the other justice and counsellor and it be accord as it be recite in  the case which case be adjudge in manner and form aforesaid then and also now  strong move they to be and continue of opinion accord as it be say above  videlicet that the prerogative which the law attribute to the person of the  king hold place as well in relation to the land of the duchy as other land  which he have or hold in the capacity of his body natural and by the same  reason the prerogative which the law attribute to the person of the king touch  his age videlicet c ante c c that he shall always be judge of full age and  never under age shall continue with relation to the land of the duchy since  the say charter as well as with relation to other land which he hold in his  body natural d see the effect of this case videlicet that aid shall he have of  the king before issuer join touch the land which he hold in right of his duchy  of Lancaster more t raym finch finch d and to this purpose the Lord dyer now  vouch a record in easter term h rot which be say he and the say Anthony brown  read in the treasury the same day and the record be to this effect videlicet  one Henry Kniveton bring a writ of trespass against Ralf Shirley and four  other for break his close at Bradley in the county of Derby and spoil and  consume his grass and the sprout of his wood with their cattle c and declare  of a trespass on Sunday next after the Feast of saint John baptist in the ten  year of the reign of king Henry and allege continuance until the second year  of the reign of king Henry Ralf Shirley plead that the place where c be a  great waste call BridleHey and that oh Joan who be the wife of sir Joan Basset  knight be late seize of the manor of Brailsford in her demesne as of fee and  that she and all her ancestor lord of the same name and all those who estate  she have in the say manor have common or pasture in the say waste for all  cattle at all time of the year as appendant to the say manor from time beyond  the memory of man and for so long time use to crop and lie waste with the say  cattle the sprout of the Underwood grow in the say waste and he show that the  say Joan die and that the manor descend to one Ralf be within age and because  the manor be hold of the say king as of his duchy of Lancaster by knight  service the same king seize the say manor during the nonage of the say heir  and commit it by his letterspatent to a husband and wife during the nonage of  the heir render mark rend yearly the estate of which husband and wife in one  message and one yard land of the say manor the say Ralf Shirley the defendant  at the time of the trespass bad and now have and Plowden er p he pray in aid  of the king and bad it by award before issue join or plea over and afterward  the plaintiff obtain Plowden a procedendo with the follow word in it videlicet  dumb yet ad judgment ind reddendum we rash not at all to go before and there  be the like plea aid prayer and procedendo by each of the other four defendant  which case it be say show we what be the opinion of the judge in the time of  king Henry touch the estate of the king person in relation to the land of the  duchy for if they have look upon he with regard to those land as duke and so  as a common person and no high then shall not the defendant have have aid of  he before issue join any more than he shall have of another common person nor  shall the plaintiff have have a procedendo with the say clause videlicet dumb  yet ad judgment ind reddendum we rash nulletanus to go before wherefore  notwithstanding the order limit by the charter for the land of the duchy  videlicet quod in such a manner et tali modus to stay behind deduca guberne et  pertractentur as to stay behind launch downstream to steer et pertractari to  withhold si ad culmen rank palace assumpti too little to be and  notwithstanding that these word have be so take as to make the duchy land of  the king pass by other order and circumstance than other land which he inherit  in his body natural yet these case argue and prove that the person of the king  with regard to the duchy land shall be use demean have the prerogative and be  in like estate as he shall have have or be if the charter aforesaid bad not be  make although the estate and nature of the land be in another degree and the  prerogative which the commonlaw give to the person of the king to be always of  full age and never within age be as firm annex to he with regard to the duchy  land as the prerogative of non to let go or of not proceed to issue without  aid of he in the case before recite and nonage be a thing which touch the  person more than the land but the land of the duchy and the thing which  concern it more than the person shall be demean and use as if a common person  have hold they and so be the diversity between the estate and degree of the  land of the duchy and the estate and degree of the person who inherit the land  of the duchy and although the charter and the Act make the king to have the  duchy and all the liberty privilege and jurisdiction thereof as they be before  in the hand of the duke yet they do it make the king to be duke of Lancaster  for there be not a word in they to any such purpose nor can it be reasonable  suppose to be the intent of the charter or of the maker of the Act to make he  so for the king can be duke in his own realm though he may out of it as it be  say before Litt r Crompt I c a ante d for his name and dignity of king merge  and drown the inferior name and dignity of duke within his own realm and after  the charter if a lease have be make of parcel of the duchy by the name of  Henry duke of Lancaster without other name it have be void for it shall have  be in the name of Henry king of England and for this reason it be that in  lease which the king have make of the possession of the duchy they have use to  call themselves king and not duke and in office it be usual to find that the  tenant hold of the king as of the duchy of Lancaster and it be not well find  that be hold of the king as duke of Lancaster for be be not duke but king so  that the condition of his person and his prerogative be not to be comprehend  or measure by the estate or name of duke but accord to the estate and name of  king and infancy which be a great disability be repugnant to the estate of a  king and although the natural body of the king be subject to infancy ante oh  yet when the body politic be conjoin with it and one body be make of they both  the whole body shall have all the property quality and degree of the body  politic which be the great and more worthy and in which there be not nor can  be any infancy so that neither the commonlaw nor the charter although it be by  authority of parliament give authority to the king or his heir to avoid by  reason of nonage such lease as he make during his nonage wherefore it seem to  they that the whole intent of king Henry and of the charter and Act be only to  sever the land possession privilege jurisdiction and hereditament of the duchy  from the hereditament of the crown videlicet in survey order government and  process but not in person so long as by the grace of God the crown and the  duchy shall Plowden er p continue and abide together in the blood of the duke  of Lancaster and of the say blanch mother of the say Henry and that if the  crown shall afterward by any mean be take out of the blood of the duke of  Lancaster that yet the say duchy shall continue in the blood of the say duke  so that the intent of the charter man be satisfy without derogate from the  person of the king or destroy the dignity or preeminence which the law  attribute to it further they consider the follow part of the statute entitle a  statute touch the seal of the duchy of Lancaster make in the parliament hold  the sixteenth day of march in the three year of the reign of king Henry  videlicet the Commons of England assemble in that parliament deliver a  petition in the same parliament in the form follow may it please our sovereign  Lord the king by the assent of the lord spiritual and temporal and of the  Commons in this present parliament assemble by authority of the same  parliament to accept approve ratify and grant your better patent by you make  and grant in your parliament hold at Westminster in the second year of your  reign touch the liberty custom and franchise to be use and to continue within  your inheritance of your duchy of Lancaster and of the county of Hereford  Essex and Northampton and other thing comprise in the say letter Plowden  accord to the effect tenor and purport of the same letter in due form add and  insert by your letter among other affair grant by you and your heir with the  assent of the say lord and Commons of this same parliament and by authority of  this parliament for your great profit touch your inheritance aforesaid and for  the better government thereof and in preservation and sustentation of the  aforesaid liberty custom and franchise the clause and word here follow c  moreover we be Willing by the assent of the lord spiritual and temporal and of  ale Commons of this realm of England in our present parliament assemble and by  authority of the same parliament do grant and declare for we and our they that  no gift grant pardon remission or release which concern or in any case arise  or by any sort of colour may concern or for the future happen or arise touch  our say inheritance or any parcel thereof or the honour castle manor land  tenement rend fee advowson or liberty and franchise to our same inheritance or  any parcel thereof in anywise belong botch the ware wardship marriage relief  issue fine amercement profit and commodity or the officer and minister of its  our heir and assign of the inheritance aforesaid whether the say honour castle  manor land tenement rend fee advowson liberty and franchise be in the hand of  we or our say heir or assign or in the hand of other whosoever by grant or  feoff of its or of our same heir or assign thereof make or to be make for term  of life or year or in fee or any otherwise whatsoever to the use of we or our  heir or assign shall for the future be make under any other seal of we our  heir or assign aforesaid great or small ordain or to be ordain but only under  our seal for the duchy aforesaid as be aforesaid and if any shall happen in  anywise to come under any outer seal for the future they shall not be valid or  effectual by any mean but shall be judge and deem vain null and void for ever  which petition be read open in the say parliament and well understand be  answer in the manner follow the king by the assent of the lord spiritual and  temporal be in this parliament and at the request of the Commons aforesaid  will that the same be do in all point which Act make all charter of any of the  possession of the duchy seal with any other than the duchy seal to be void  declare the intent of the say king Henry to be that the say duchy and all the  possession thereof shall be distinct separate and so open know and use from  the possession of the crown which seem to be do b the say king Henry be lineal  heir to the duchy of Lancaster with the same politic design before mention but  yet there be nothing in it that touch the person of the king so that the  prerogative concern his nonage and other point of his person remain as they be  before the make of that statute and the say case in h be adjudge as it be  before recite and be after this statute declare that the prerogative of his  person continue in he with regard to the duchy land after this statute further  they consider the follow part of the statute make the four day of November in  the first year of the reign of king Edward entitle in Act of incorporate and  also of confiscate among other thing the duchy of Lancaster to the crown of  England for ever that be to say it be declare and adjudge by the assent and  advice of Plowden er p the lord spiritual and temporal and of the Commons be  in this present parliament and by the authority of the same that the same  Henry late call king Henry the six for the consideration of the great heinous  and detestable matter and offence before specify by he commit against his  faith and allegiance to our say liege Lord king Edward the four his true  righteous and natural liege lord offend and hurt unjust and unlawful the royal  majesty of our say sovereign Lord stand the say advice and assent convict and  attaint of high treason and that it be ordain and establish b the same advice  assent and authority that he the same Henry forfeit unto the same our liege  Lord Edward the four and to his heir and to the say crown of England all  castle manor lordship town township honour land tenement rend service feefarms  knightsfee advowson hereditament and possession with their appurtenance which  he or any other to his use have the three day of march last pass be of the  duchy of Lancaster or that be any parcel or member of the same duchy or  thereunto annex or unite in the first year of the reign of Henry late call  king Henry the five or at any time since and that it be ordain and establish  by the same advice assent and authority that the same manor castle lordship  honour town township land tenement rend service feefarms knightsfee advowson  hereditament and possession with their appurtenance in England Wales and  Calais and the march thereof make and from the say three day of march be to  the duchy of Lancaster corporate and be call the duchy of Lancaster and that  our say sovereign Lord king Edward the four have seize take hold enjoy and  inherit all the say manor and castle and other the premise with their  appurtenance by the same name of duchy from all other his inheritance separate  from the say four day of march to he and to his heir king of England perpetual  and that the county of Lancaster be a county palatine and that our liege and  sovereign Lord king Edward the four and his heir have as parcel of the say  duchy the same county of Lancaster and county palatine and a seal chancellor  judge and officer for the same and all manner of liberty custom law royal and  franchise in the same county palatine lawful and rightful use and over that  another seal call the seal of the duchy of Lancaster and a chancellor for the  keep thereof officer and counsellor for the guide and governance Plowden of  the same duchy and of the particular officer minister tenant and inhabitant  thereof in as great ample and large form as Henry call himself Henry the five  at any lime therein have use and enjoy lawful and by the same authority the  say officer and minister and also the say tenant and inhabitant of and in the  same duchy have use exercise and enjoy such and all liberty privilege and  custom as the officer minister tenant and inhabitant of the same duchy have  use exercise or enjoy lawful in the lime of the same Henry call himself Henry  the five and that also in the same duchy be use have and occupy all such  freedom liberty franchise privilege custom and jurisdiction as be use therein  lawful before the say four day of march and the officer minister tenant and  inhabitant of or in the say duchy be entreat and demean accord to the same  freedom liberty franchise custom privilege and jurisdiction and not distrain  arcted nor compel to the contrary in anywise from which act the say justice  and counsellor infer that if before the make of this Act the nonage of the  king have be any cause to avoid gift or lease make by he within age of the  land of the duchy that yet by this statute it be make clear that his nonage be  no cause after the Act to avoid they for by this Act the duchy be annex to the  crown and it be to be observe that king Edward take himself to be lawful  inheritor of the crown of England and that the house of Lancaster have  unlawful usurp upon he and his ancestor and as the house of Lancaster doubt  their title to the grow intend to preserve their inheritance of the duchy of  Lancaster in which they have no manner of doubt while it be disjoin from the  crown so on the contrary king Edward know his title to the crown to be  undoubted intend to extirpate the house of Lancaster and to unite to the crown  their inheritance in which he have no title but in right of the crown  videlicet for treason commit against it and to vest the duchy and all the  possession thereof in the body politic of the king and to this purpose be the  word of the say last Act videlicet that king Edward shall have seize take hold  enjoy and inherit all the say manor c from the four day of march to he and to  his heir king of England perpetual so that the say inheritance of the duchy be  place and settle only in the body politic of the king in which person there be  no nonage Plowden er p or other imbecility to which the body natural be  subject and by these word as well as by the other word in the Act b that which  it be ordain that the say king Henry shall forfeit to king Edward and to his  heir and to the crown of England the hereditament of the duchy the county  palatine of Lancaster and the court of the duchy and the liberty and franchise  thereof shall have be utter dissolve and extinguish in the crown if there have  be no other provision make in the Act a die pl kelw b per Aldenh   b cro e  finch finch a for the crown which receive any hereditament by escheat as it do  these here merge all jurisdiction franchise and liberty have and use in they  which be before derive from the crown for the great extinguish the lesser so  that the Act have relation to the four day of march last pass on which day  king Edward begin his reign will have extinguish the say county palatine and  the say court and the liberty thereof from the say four day of march  thenceforward for ever if it have stop there without make any other provision  but to raise it up again it be necessary to have a new erection or a save by  word proper for it and therefore king Edward be desirous that the duchy and  all that belong to it shall be as it be before as to the order and direction  of it he make a new establishment thereupon by the Act whereby it be ordain  and establish that the same manor castle c shall make and from the three day  of march be the say duchy of Lancaster incorporate and be call the duchy of  Lancaster and that the county of Lancaster shall be a county palatine and that  the king shall have as parcel of the duchy the same county palatine and a seal  chancellor judge and officer there and the liberty and other thing as in the  say Act be before recite so that this last Act have establish or confirm the  county palatine from the three day of march last before the Act and that the  same king Edward shall have the hereditament thereof by the name of the duchy  from the four day of march to he and to his heir king of England for ever yet  it show how he shall have they videlicet from all other his inheritance  separate and how separate not from the person of the king as king but from the  order of the other possession of the king as to pass by another seal than a  lease of the possession of the crown be use to do and by other mean than  possession of the crown shall pass by videlicet by livery of seize and by  attornment and by other officer than the officer of the possession of the  crown and by such other rule and method use before and to prove that the duchy  be separate from the other possession of the crown in the method of conveyance  since this Act as it be before the Act the case in m Edward be allege at  Spooners which be that in the exchequer Chamber it be hold by all the justice  b m Edward pl bro feoff prerogative more keb Inst Lutw Crompt I a see lev  carpenter v Martial b that if the king make a feoff of the land which he have  in right of his duchy of Lancaster in fee or for term of life it be necessary  to have liver of seize as well a if the feoff be make by a common person  unless it be of land within the county palatine which shall pass by the  letterspatent of the duchy without livery and de say question be there demand  by the attorney of the duchy so that the word separate may and ought to be  take separate in respect of order but not separate from the person of the king  as king wherefore the say statute Plowden of king Edward ordain three thing  first it establish the county palatine of Lancaster second it vest it in the  body politic of the king of this realm and his heir three it divide it from  the order of the other possession of the crown and in this form the say duchy  continue until the time of king Henry and further they consider the follow  part of the c statute of h vide b n c c statute make in the first year of king  Henry entitle a repeal of a feoff make by king Edward of certain land and  tenement of the duchy of Lancaster by authority of parliament for the  performance of his last will in the that year of his reign which be as follow  where in the parliament begin and hold at Westminster the that day of October  in the that year of the reign Plowden er p of Edward late king of England the  four and by diverse prorogation unto the d day of February the that year of  his reign continue and then there hold for certain consideration by the advice  of the lord spiritual and temporal and the Commons in that present parliament  assemble and by the authority of the same will ordain and enact that Thomas  cardinal archbishop of Canterbury and diverse other there name from the say d  day shall have hold enjoy and possess the honour castle lordship and manor of  Tutbury with the member and appurtenance and all malnors lordship c be it  enact ordain and establish by the advice and assent of the lord spiritual and  temporal and Commons in this present parliament assemble and by the authority  of the same that the say Act and every thing therein contain be from the first  day of August last pass void repeal annul and of none effect and over that by  the same authority the king our sovereign Lord shall have hold enjoy and  possess from the say saint day of August to he and to his heir forever all the  honour castle lordship manor land tenement genes reversion service possession  and other hereditament with their appurtenance in the say Act contain and the  county palatine of Lancaster and all honour castle lordship manor land  tenement rend reversion service possession and other hereditament with their  appurtenance that be parcel of the say duchy of Lancaster in the hand or  possession of the say Edward late king of England the four day of march the  first year of his reign or any time after or in the hand or possession of  Richard the three late in deed and not in right king of England any lime  during his reign with all liberty freedom franchise and other thing as well to  the say county palatine as to any other the premise appertain or belong and to  be govern by like officer and use like seal as for time pass have be use and  accustom in as ample and large manner and in like manner form and condition  separate from the crown of England and the possession of the same as Henry  Henry Henry the king noble progenitor late king of this realm or the say  Edward late king have and hold or any of the say king have and hold any Act or  statute before this make in anywise notwithstanding c and it be argue at  Spooners by some that by this Act the duchy be divest out of the body politic  of the king in which capacity it be vest by the Act of Edward and that it be  become vest in the natural body of king Henry for the word be that the king  our sovereign Lord shall have hold enjoy and possess from she say saint day of  August to he and to his heir for ever all the honour castle c in the county  palatine of Lancaster c and also they refer to this clause the word after  videlicet in as ample and large manner and in like manner form and condition  separate from the crown of England and from the possession of the same as h h  h or king Edward have and hold or any of they have and hold for the say word  in as ample and large manner and in like manner form c can be refer to the  clause before videlicet to be govern c for that clause end at the word  accustom videlicet to be govern by like officer and use like seal as in time  pass have be use and accustom so that this clause end here and also they take  it that the word separate will not suffer this clause to be refer to the  clause to be govern for then it shall be put adverbial that be separate and if  the word in as ample and large manner and in like manner from and condition be  refer to the word the king shall have hold enjoy and possess c as they say  they ought to be then king h shall receive the possession in his body natural  and not in his body politic as king but if the word have be to he and to his  heir king of England as the word of the Act of king Edward be then h shall  have take they in his body politic as king Edward take they and the word in  like manner form and condition separate from the crown as any of the king h h  h or Edward hold be refer thereto do enforce the construction that he receive  they in his body natural for if king h shall have they in like manner form and  condition as any of the say king hold they then shall he have they in his body  natural for each of the three first king so hold they though king Edward hold  they in his body politic but inasmuch as the county palatine be give to h in  as large and ample manner and in like manner form and condition separate from  the crown as any of the four king hold it and three of they hold it more large  separate from the crown than the four do for they three hold it in their body  natural separate from the crown and the four in his body politic in right of  the crown and separate in the order and government of the crown and not  otherwise then king h shall take it accord to the most ample and large  separation from the crown that may be and that be in his body natural Plowden  er p and this also seem to they to be the intent of the Act for king h be  descend from the house of Plowden Lancaster and favour that party and  therefore it be most probable that he intend to have the duchy in the like  form as the house of Lancaster hold it which be in the body natural and this  the rather because his wife pretend a interest in the body politic along with  he and this Act repeal the other Act of Edward in this point for it have in it  these word videlicet any Act before make notwithstanding and for these cause  it seem to some that the duchy be vest in the natural body of king Henry and  in like manner in the body of king Edward and then with regard to the nonage  that it rest only upon the commonlaw without any enforcement by the statute of  Edward or any other statute on the contrary it be argue at Spooners by other  that it be enforce by the say statute of Edward and that the duchy be not vest  in the natural body of king Henry but in his body politic for the duchy be  vest in king Edward in his body politic and when king Henry take upon he the  government of the realm whereby he have in he the body politic of king of this  realm in that body he receive and hold the duchy before the say Actin the  first year of his reign be make and although the say Act say that king Henry  shall have it to he and to his heir from the saint day of August this may be  intend his heir that shall have inherit it if the Act have not be make and  that be the heir to the body politic so that the Act be as a confirmation of  it to that body which then hold it and if the word in as ample and large  manner form and condition c be refer to the clause the king shall have hold  enjoy and possess they will enforce this opinion for if king Henry shall have  it in as large and ample manner and in like manner as the four king or any of  they hold it and three of they hold it in their body natural which be not so  ample and large as the other and the four hold it in his body politic which be  more ample and large than the body natural then king Henry shall have it in  his body politic because that be the more ample and large manner for both the  sentence be join together by a copulative so that it ought to be in as ample  and large manner and also in like manner form and condition c and so the first  part videlicet concern the ampleness and largeness ought to be satisfy as well  as the second part videlicet the likeness of the manner form and condition and  the word separate may be fulfil by such a separation from the possession of  the grow as relate only to the order direction and method of conveyance as it  be show before in the exposition of the Act of Edward and the clause of in as  ample and large manner and in like manner c separate from the crown c may  belong to the clause to be govern c and so it agree with the letter and  therefore the lease be good the rather by reason of the say statute of Edward  and h and be not avoidable for the nonage of the say king Edward and some hold  that the opinion of the sergeant in t h a bro aid de roy h be not law where it  be report to be hold by they that if a man justify in trespass as bailiff of  the king by reason of his manor which he have as of his duchy of Lancaster the  defendant shall not have aid before issue join and they also hold that if it  be the intent of the say Act of Henry to have the possession of the duchy  separate from the possession of the crown as well in the inheritance as in the  order and government of the same inheritance as it seem to they it be not and  the more so from the title of the same Act which be a repeal of a feoff c ut  above yet there be not any word in the same Act that require the duchy to be  separate from the person of the king or the person of the king to be separate  from the possession of the duchy nor be there any word that tend to make the  king duke of Lancaster or to make he duke of Lancaster with regard to the  possession of the duchy or to alter the quality of the person of king Henry  but only that the king shall have to he and to his heir the say duchy separate  from the other possession in which case the duchy be at least join to the  person of king Henry and to his heir and the person of the king remain as it  be before for nothing be say as to the quality of the person of the king in  this Act or in the other act before make in the time of h or h nor as to the  alteration of his name but he continue as before and the person of the king  shall not be invalidate by the dutches be give to he and to his heir Plowden  er p by the say Act and his person remain always of full age as well with  regard to gift and grant of land make by he as in the administration of  justice and to these last reason the other agree although they do not agree to  this exposition of the Act of Henry videlicet that the duchy remain not  separate in inheritance and in right from the crown and that it be not divest  out of the body politic of the king in which capacity only it be and vest in  the body natural of king Henry but that wherein they all agree prove that the  lease be not voidable by reason of the nonage of king Edward and therefore all  the justice sergeant and counsellor assemble on the eve of saint Andrew as it  be show before except Ruswel agree see the book cite ante at the head of the  case unanimous t that the say lease make of the land parcel of the duchy  whether the land lie out of the county palatine of Lancaster or within it be  not voidable for the nonage of the say king and that the law be all one where  the lease be make of land of the duchy which be not in lease to commence  present and where to commence after the end of another lease before make and  that neither the one nor the other be voidable for the nonage of the say king  and the proviso contain in the statute of Edward cap have not change the law  wherein it be provide that the Act then make for confirmation of the  letterspatent of the say king Edward shall pot extend to make good any lease  make in reversion of any land or tenement parcel of the duchy of Lancaster for  it be say at Spooners this proviso do nothing but only put the matter at large  as it be before Plowden and the next day be the Feast of saint Andrew the  apostle the justice go to Catline chief justice of England who be sick at his  house to have his opinion in the case for so they have agree to do at their  say assembly and he agree in opinion with they that the lease of king Edward  be not voidable by reason of his nonage and afterward on Monday be the morrow  of saint Andrew the apostle all the say justice sergeant and counsellor  videlicet dyer sander rastal Anthony brown Corbet Weston Frevil Carus Puttrel  Gerard Ruswel carell and Plowden at a time appoint for the same go to  Yorkplace to report their resolution to sir Nicholas Bacon knight keeper of  the great seal to who they be refer to report it and to sir Ambrose cave  knight chancellor of the say duchy to the intent that the say sir Nicholas  Bacon may report it over to the queen accord as her majesty have give order  and there the Lord dyer in the presence of all the rest show their say  resolution and brief declare the cause thereof and say that all the rest there  present except Ruswel be unanimous of the same opinion which they all affirm  and upon this answer give they depart notam bene by the reporter and note in  the say case in the duchy upon demurrer between Scudamour and lady Morgan it  be argue that the Act of Edward cap for confirmation of letterspatent do not  enforce the say lease for that Act make all lease and grant good  notwithstanding the cause and matter mention in the Act or to which the a et  have relation and the nonage of the king be not any of they and also it be  then argue that the say Act of Edward cap whereby it be enact that all  letterspatent seal with the great seal of the duchy of Lancaster shall be good  perfect and available in law to all intent and purpose the nonage of the same  king Edward as duke of Lancaster although as king he be always of full age to  the contrary notwithstanding do not enforce the lease of king Edward for it be  say the preamble of the branch and the circumstance of the Act show that it  extend to letters patent of inheritance only and it be say that for patent of  inheritance it be put in for the surety of the patentee because of the  doubtfulness of the law and the word do it precise affirm that he shall be  account within age with regard to the duchy land and then the case in m h  Fitzherbert age be cite where a man vouch the king within age and pray that  the parole may demurrer and show that the king progenitor have give he the  land and because he do not show the charter he be oust of the warranty so that  there it do not go so far as to be adjudge whether the parole shall demurrer  or not and the say demurrer in the duchy be argue by some of they  beforementioned videlicet by Plowden Gerard and Carus in the hear of some of  the rest above name thereunto require by the chancellor of the say duchy in  the name of ale queen and note there be a statute make in h as follow  videlicet also our say lord the king consider how that almighty God of his  grace have place he in the honour Plowden er p able estate of king and  forasmuch as he himself may not for a certain cause bear the name of duke of  Lancaster in his style and also thou same our lord the king consider how that  this honourable name and estate of duke have be very honourable bear and  demean in the honourable person of his father who God assoil and of many of  his honourable ancestor and be Willing thereupon that the say name of duke of  Lancaster be continue in honour as it behoof by the advice and assent of all  the lord spiritual and temporal and of the Commons aforesaid have ordain that  Henry his old son have and bear the name of duke of Lancaster and that he be  name prince of Wales duke of Aquitaine of Lancaster and Cornwall and earl of  Chester and over that the same lord the king consider how that diverse liberty  and franchise have be grant before this time as well to his say father as to  other his ancestor duke and earl of Lancaster will and grant by the advice and  assent aforesaid that the same liberty and franchise be and continue to his  say old son and his heir duke of Lancaster dissever from the grow of England  quiet and entire accord to the effect and purport of the grant aforesaid c  that the say statute in the preamble recite that the king for a certain cause  may not bear the name of duke of Lancaster in his style which cause though it  be not there express be for that he be king and the name of king and the  dignity oral merge the name of duke as it be say before therefore the preamble  of this Act confirm the above opinion of the say judge sergeant and counsellor  in the point before recite and afterward in easter and Trinity term in the  four year of the reign of the same queen Elizabeth and also in the term of  saint Michael then next follow by virtue of a privyseal direct to the say  chancellor by the say queen Elizabeth the say matter be argue again on several  day in the duchy court by many counsellor before the say chancellor and before  sander chief baron and Anthony brown one of the justice of the common bench  and Puttrel and Welsh justice of assize in the county of Lancaster Carus  sergeant at law to the queen and Sackford one of the master of request and  carell attorney of the say court of the duchy and Plowden aforesaid who be one  of the counsel of the say court of the duchy and after all the argument the  say judge and counsellor of the court assemble themselves at diverse time to  make their resolution and at last they all agree as be before agree and also  they all agree that king Henry have the duchy in his body natural as king  Henry have it disjoin from the crown and not as king Edward have it and this  be by force of the Act make in the time of the say kin Henry and for the  reason before give to this purpose at Spooners Plowden note at the say  assembly it be say by the say judge and counsellor of the duchy court S p Leon  Crompt I c b vin Abr title tenure l pl that if the queen make a feoff of land  of the duchy out of the county palatine to hold of her in capite the feoff  shall hold of the queen in capite as of her crown of England and many good  case be put by they and upon their resolution agree with the former resolution  as be show before a report be afterward make thereof to the queen