brown case richard woollaston and another appellant attorneygeneral and other  respondent that June land lie in the countypalatine of Lancaster become  forfeit for be grant to superstitious use and afterward a obtain a lease  thereof under the great seal this be a good lease and need not be under the  duchy seal the forfeiture accrueing to the king jure coronae and not as duke  of Lancaster and the estate therefore be no part of the possession of the  duchy when the lease be make decree of the court of exchequer affirm the scite  of the monastery of furnes and the manor land tenement and hereditament  thereunto belong lie within the countypalatine of Lancaster be the estate in  question be by act of parliament Henry VIII take out of the survey of the  court of augmentation and put under the order survey receipt let and set of  the chancellor officer and minister of the countypalatine and duchy of  Lancaster to which they never before belong king James I be seize of these  premise as parcel of the duchy on the that of may in the that year of his  reign grant the same under the duchy seal to Robert earl of Salisbury and his  heir to be hold in common socage of the manor of endfield which be a manor  belong to the duchy under a yearly rend of pound S d and the same king on the  saint of December in the that year of his reign grant the say yearly rend of  pound S d to William earl of Salisbury and his heir to be hold in common  socage of the manor of east Greenwich which be a manor belong to the crown the  ancestor of sir Thomas Preston become afterward seize of this estate under  grant from the earl of Salisbury and sir Thomas be a papist convey the same on  the that of may to Francis Lord Carrington and Richard Walmsley Esq and their  heir but Thomas Preston Esq the respondent Elizabeth late husband and who be  the next heir of sir Thomas in the male line be a protestant and have discover  that this grant be make in trust for unlawful and superstitious use file a  information in the court of exchequer in the name of the attorneygeneral in  order to avoid the grant and procure the premise to be convey to the crown  after this cause have be several time hear and after a trial at bar find he  grant of sir Thomas Preston to have be make brown for superstitious use it be  on the that of may decree that the trustee shall convey the premise to his  then majesty king Charles two and in pursuance of this decree a conveyance be  on the that of February follow make accord Mr Preston have be at great expense  in discover the grant and in pro brown er p secuting the suit to set it aside  and the merit of his pretention on that account have be full hear and examine  into before king Charles two in council his majesty on the that of June be  please in consideration thereof to grant Mr Preston a lease of the premise  under the great seal of England for a term of seven year at a yearly rend of  pound Payable in the exchequer king James two have by letter patent under the  great seal of England date the d of June grant the inheritance of this estate  and also the say reserve rend of pound to one Francis Plowden and his heir and  Mr Preston have soon afterward make a new discovery that this grant be also  make for superstitious use king William and queen mary in consideration of  preston good service and of the great charge by he expend and to be expend in  recover the premise be please on the that of June to make a new lease to he  thereof for year from ladyday at the yearly rend of pound Payable at the  exchequer and also pay pound S d per and in discharge of certain feefarm rend  issue out of the premise this lease be duly enrol with the auditor of the  crown for the county of Lancaster pursuant to a covenant therein for that  purpose contain and there be a clause also insert that the same may be pass  under the seal of the duchy but Mr Preston be advice it be not necessary make  no use of this liberty Mr Preston afterward in order to avoid king James grant  to Plowden and revest the inheritance of the premise in the crown be at the  sole expense of prosecute a commission out of the PettyBag office in chancery  and by a inquisition take thereon it be find that Plowden hold the say premise  in trust for superstitious use and accord judgement be give in the court of  chancery for vacate the letter patent of king James and in consequence of this  judgement the inheritance become revested in the crown hereupon Preston apply  in to king William for a further lease of the premise as a recompense for his  additional expense and service in this latter prosecution and the nature of  this claim be examine and report by Mr traverse the then surveyorgeneral his  say majesty be please by indenture under the great seal of England date the  that of April in consideration of preston say service and of a fine of pound  actual pay to grant he a new lease of the premise for fifteen year commence  from ladyday when the former lease for year will expire under the same rend  and covenant as be reserve and contain in such former lease this last brown  lease be also enrol with the auditor of the crown for the say duchy of  Lancaster and contain a clause that it may be pass under the duchy seal if  necessary but this be not do because the do it be deem unnecessary some time  afterward Mr Preston die whereupon the respondent mrs Preston his widow and  executrix become entitle to the benefit of both the say lease but in January  the appellant woollaston upon a petition to queen whether suggest that the  estate be duchy land and that preston lease for year will determine at ladyday  obtain a lease under the duchy seal for twentynine year and a half from that  time under a rend of pound per and Payable in the duchy and subject to the say  feefarm rend of pound S d and this lease he afterward as allege mortgage to Mr  lake the appellant sir Bibi lake testator for secure pound in consequence of  this lease Mr woollaston make several attempt to disturb mrs Preston in the  possession of the premise under pretence that the same be parcel of the  possession of the duchy and that the lease of April be grant under the great  seal only and not under the seal of the duchy be void mrs Preston therefore in  Hilary term file a information in the court of exchequer in the name of the  attorneygeneral against both Mr woollaston and sir Bibi lake in order to  establish her title under the fifteen year lease and to be quiet in the  possession to this information the defendant woollaston put in both a plea and  demurrer by his plea he state that by a act of parliament Henry IV the duchy  and countypalatine of Lancaster the jura regalia and all honour manor land and  hereditament thereunto belong be sever from the crown and that by virtue of  such jura regalia all forfeiture of land within the say duchy and  countypalatine come and belong to the duke of Lancaster that by another act  Henry v the say brown er p duchy and countypalatine and all honour land  hereditament parcel thereof in the hand of his then majesty or of his late  decease father by any right escheat forfeiture or otherwise as well thentofore  as by that act unite thereto shall for ever thereafter remain to the king and  his heir as parcel of the say duchy and that whensoever and as often as any  other honour land or hereditament within the say duchy or county shall come to  the king or his heir by any escheat forfeiture recovery remainder descent or  other title the same shall at the same time and as soon as the same shall so  come be unite and incorporate with the say duchy and shall be order and govern  by the officer of the duchy and shall pass under the duchy seal that by  another act Henry v no gift grant or release of any honour manor land and  hereditament then parcel or which thereafter shall be parcel of the say duchy  or within the same or appertain thereto or to any of the brown inheritance  thereof either for life year or otherwise shall pass under the great or privy  seal or any other the seal of the say king his heir or successor save the  duchy seal only and that all gift grant lease or release that shall at any  time thereafter be make of any such hereditament as aforesaid then parcel or  which shall thenafter be parcel of the say duchy or which shall thenafter be  within the same or appertain thereto under any other seal be thereby declare  to be void that by a act Henry VIII the estate in question be annex to the say  duchy and enact to be for ever thereafter within the survey rule and  jurisdiction thereof and by another act in the same year it be enact that the  say premise shall have the like liberty franchise and privilege as other duchy  land the defendant then plead his say lease under the seal of the say duchy  and that the lease for fifteen year to Mr Preston be pass under the great seal  of England only be void and he demurrer for that the matter in question be  proper triable at law this plea and demurrer be argue on the that of November  the plea be order to stand for a answer and the benefit thereof reserve till  the hear but the demurrer be overrule on the that of January and that of  February the cause be hear when the court take time to consider and deliver  their opinion till the that of June on which day the court be unanimous of  opinion and accord declare that the lease make of the premise to the say  Thomas Preston decease under the great seal of England be a good lease and  ought to be establish and therefore it be order that a injunction shall issue  to quiet the relator Preston and all claim under her in the possession of the  premise in question for the residue of the say fifteen year against the  defendant and all claim under they and that the defendant woollaston shall pay  the relator her cost to the time that the other defendant sir Bibi lake be  make a party to the suit and that the cost subsequent to that time shall be  pay by both the defendant from this decree the defendant appeal and on their  behalf it be insist t Lutwyche W peer William that by virtue of the say  several act of parliament king William be seize of the premise in right of his  duchy of Lancaster and that the respondent lease be under the great seal only  be void or if there be any doubt of this the appellant ought not to have be  conclude therein without a trial at law and for which very purpose they have  bring a ejectment but be stop by a injunction of the court of exchequer from  proceed therein that suppose the premise to be duchy land and the fifteen year  lease set up by the respondent to be void at law as be make under the great  seal when it shall have be under the duchy seal there can be no reason for a  court of equity or of revenue to make that lease brown good which so many act  of parliament have by express word make void that the covenant contain in this  lease for quiet enjoyment etcetera can give no title to the respondent in  equity for as the lease itself be void at law be make of duchy land under the  great seal so the covenant contain in that lease be void also and it will be a  mere evasion of these several statute to say that though the lease be void and  shall not bind the king at law yet it shall in equity and that the covenant  for quiet enjoyment which be no more than usual covenant in all lease shall be  good to bind the king though not under the duchy seal that the pound pay as  the consideration for this lease occasion no alteration because the several  act of parliament whereby such grant be declare void make no brown er p  distinction between grant on good consideration and voluntary grant but make  void all grant whatsoever of duchy land under any but the duchy seal that in  this case the payment of the pound fine or any pretend merit of the respondent  family in discover these land to have be grant to superstitious use ought to  be less regard because the fine have not only be long since repay by the  perception of the profit but a sum of pound at least have be raise by the  respondent testator from the sale of timber grow on the estate and to which  fact the appellant offer to read evidence at the hear but be refuse that the  respondent have the less reason to insist on any relief in this case in regard  the former lease of the say premise for year make to her testator be under the  duchy seal and the warrant for pass this very lease for fifteen year direct  that it shall also be pass under the duchy seal as well as the great seal as  therefore it seem to have be the wilful neglect of the testator without any  intervene accident to omit the pass this lease under the duchy seal there can  be no ground for a court of equity to aid the respondent in a matter arise by  such wilful neglect and against the express word of several act of parliament  especial as by grant the lease to the appellant woollaston it be out of the  power of the crown to make the respondent lease good and last that the other  appellant sir Bibi lake be a mortgagee of the premise for no less than pound  without notice of the respondent interest and in case this decree shall stand  he will be whole deprive of his security on the other side it be contend I  Jekyll e Northey that this estate or any of the rend or revenue thereof be  never under the survey order or management of the officer of the duchy and  though it lie within the countypalatine yet the forfeiture for superstitious  use accrue to the king jure coronae and not as duke of Lancaster that it be  convey accord by the trustee of those superstitious use pursuant to the decree  of the court of exchequer and have ever since be deem parcel of the possession  of the crown that the rend reserve upon the several lease grant to Mr Preston  be make Payable in the exchequer and not in the duchy and as he be a real  purchaser of the fifteen year brown term for a fine of pound actual pay near  fifteen year before its commencement if there be any defect in this lease the  respondent as his executrix be entitle in a court of equity to have the same  supply especial against the appellant who claim under a subsequent voluntary  lease without any fine or sum of money have be pay for the same beside the  appellant woollaston obtain this lease unfair and by surprise her majesty not  be inform how the title of the estate then stand for he have total omit to  take notice in his petition of the title of the crown under the decree of the  court of exchequer or of the conveyance make in pursuance thereof or that the  rend reserve upon the former lease be constant make Payable in the exchequer  last that the appellant have mispleaded the several act of parliament relate  to the duchy and set the same forth otherwise than they be for upon read those  act it plain appear that they relate only to such honour land and hereditament  as be parcel of the possession of the duchy at the time of make they and not  to any land or hereditament which shall afterward come or be unite to the say  duchy and therefore none of these statute can possible affect the estate in  question it be no part of the possession of the duchy when they be make accord  after hear counsel on this appeal and also the joint opinion of the judge  deliver by the Lord chief justice of the court of king bench as to the  validity of the lease of the that of April in regard the same pass only under  the great seal it be order and adjudge that the appeal shall be dismiss and  the decree therein complain of affirm jour vol p brown er p