coke b the case OF the chancellor master and scholar OF the university OF  oxford Trin James see Dalton v Angus App Cas by the James every person that  shall be a popish recusant convict during the time that he shall be or remain  a recusant shall be disable from the beginning of the present session of  parliament to grant any avoidance c and afterward by the say Act it be enact  that the chancellor and scholar of the university of Oxford shall have the  presentation c a be indict of recusancy and afterward such proceed be have  that a become a popish recusant convict before conviction but after indictment  a grant the next avoidance of the church of d appendant to the manor of d of  which a be seize in fee the church be void the grantee present and the  presentee be admit and institute c upon quare hinder by the chancellor master  and scholar of the university of Oxford in which the Act be plead as if the  Act have give the presentation to the chancellor master and scholar and upon  plea by the grantee of a and demurrer to it resolve the Act have a  retrospective operation and disable the recusant to make the grant from the  beginning of the session of parliament during the time of his recusancy fraud  shall not be presume but must be express aver misnomer of a corporation in a  Act of parliament when the express intention appear shall not avoid the Act if  the plain tiffs in the quare hinder have omit to aver that a at the time of  the avoidance be a recusant convict the declaration will have be bad but the  plaintiff need not aver that he yet continue and remain a recusant for the  presentation be vest in the university subsequent conformity shall not divest  it the chancellor master and scholar of the university of Oxford bring a quare  hinder against Richard bishop of Coventry and Litchfield Edward Basset gentle  and Hugh mere clerk to present to the church of Draicotinthe more in the  county of Stafford and declare that one John Draicot Esq be seize of the manor  of Draicot in the county aforesaid to which the advowson of the church of  Draicot be appendant in fee and by his deed grant the next avoidance of the  say church to one George Eyre and afterward the say John Draicot die after who  death the manor with the advowson descend to one John Draicot Esq cousin and  heir of the say John Draicot know son and heir of Philip Draicot son and heir  to John Draicot the grandfather and further declare that by a Act of  parliament a in the a three year of our lord the king that now be it be ordain  by authority of parliament that the justice of assize and goaldelivery and  justice of peace at their session shall have authority by force of that Act to  inquire hear and determine of all recusancies and offence as well for not  receive the sacrament accord to the true intent of the same law as for not  repair to church accord to the true intent of former law in such manner and  form as justice of assize and gaoldelivery may do by the former law in case of  coke a recusancy for not repair to church and also shall have power at the  assize and general gaoldeliveries and at the session in which any indictment  against any person either for not a the statute affect the benefice of papist  pass since James be W m c Ann saint c and Geo c Vid upon the subject of  recusancy butler note   Litt a a more James c Jones hob Inst cro James roll  Rep latch bendl Nov jenk cent lev post b Cawley dalt just c godb Leon keb just  coke report b er p repair to church accord to the former law or for not  receive the sacrament accord to the same law shall be take shall make  proclamation by which it shall be command that the body of every such offender  shall be surrender to the sheriff of the same county c before the next assize  and general gaoldelivery or before the next general or quarter session  respective to be hold for the county limit division or liberty and if such  offender shall not appear that then upon the record of every such default it  shall be as sufficient a conviction in law of the say offence of which such  person shall be indict as be aforesaid as if he have be convict by verdict and  where by another Act at the same parliament it be enact that every person that  then after shall be a popish recusant convict during the time that he shall  remain a recusant after the end of the session of the say parliament shall be  disable to present to any benefice with cure or without cure prebend or live  ecclesiastical or to confer or nominate to any freeschool hospital or donative  whatsoever and from the beginning of the same parliament shall be also disable  to grant any b advowson of any benefice prebend or live ecclesiastical and  that the chancellor master and scholar of the university of Oxford as soon as  any of they shall be void shall have the presentation nomination and collation  to every such benefice prebend or ecclesiastical live school hospital and  donative lie or be in the county of Oxford ken Middlesex Sussex Surre  Southampton Berks buck Gloucester Worcester Stafford Warwick Wiltshire  Somerset Devon and Cornwall c which become void during such time as the patron  of they shall remain recusant convict as be aforesaid as by the say Act among  other thing more full appear and the say I Draicot the son of the manor  aforesaid to which c so be seize at the assize and general gaol delivery for  the county of Stafford hold at Stafford within the say county the that day of  march in the that year of the reign of the king that now be be indict as well  for not receive the sacrament as for not repair to church c for three month  and then be proclaim accord to the statute thereof make and that be at the  next assize hold die Augusti year say in addition to make default and do not  surrender his body to the sheriff by which the say John Draicot become a coke  b popish recusant convict and the say John Draicot of the manor aforesaid to  which c so be seize as aforesaid the say church become void by the death of  the say John Eyre and yet be void and ed ration it belong to the say  chancellor master and scholar to present and the defendant disturb they c the  bishop plead he do not disturb they c Edward hasset plead that the say John  Draicot the son before the say conviction of the say John be seize of the say  manor to which c see June say in addition to by his deed grant to the say  Edward hasset the a next avoidance of the say church after which grant the  church become void by the death of the say George Eyre wherefore he present  the say Hugh mere who on his presentment be admit and institute c the say Hugh  mere plead that John Draicot the cousin be seize of the advowson aforesaid in  fee as in gross and confess the presentment of George Eyre and plead that the  say John Draicot maii year king James by his deed grant the next avoidance of  the say church to the say Edward hasset and that the church become void by the  death of the say George Eyre wherefore he present c the say Hugh mere c  without hoc quod legal support prdpertin ad prd manor de Draicot c the  plaintiff as to the plea of the ordinary pray a writ to the bishop send cesser  execution c and as to the plea of the say Edward the plaintiff demurrer in law  and as to the plea of the say Hugh the plaintiff reply quod legal support  church prdpertin ad manor predictum et hoc petit quod inquiraturper native  land et prd Hugo similiter upon the b demurrer upon the plea of the say Edward  four matter in law be move forasmuch as the say John Draicot the son be not a  recusant convict at the time of the grant of the say avoidance to the say  Edward hasset if the grant be make void by the say statute of c king James if  this grant be make after the b more a Jones b roll pl   light f b c more hob  Jones James c Inst coke report a er p indictment if it be not covin apparent  and if such grant shall be allow to what purpose will the clause of the say  statute concern they serve forasmuch as the say Act give the benefit to  present to the say church to the chancellor and scholar of the university of  Oxford and they have bring this action by the name of chancellor master and  scholar of the university of Oxford which shall be intend their true name of  incorporation if they shall take any benefit of the say Act by reason of the  say misnomer forasmuch as the plaintiff have not aver that at the time of the  avoidance of the church the say John Draicot continue and remain a popish  recusant if that shall be intend as to the first it be argue by the counsel of  the say coke a Edward hasset that by the word and intention of the say branch  of the statute no person be disable to grant the next avoidance but he who be  a popish recusant convict and therefore the word be every person or person  that be or shall be a popish recusant convict he shall be disable but only  dare the time that he remain a recusant for the word be during the time that  he shall be or remain a recusant shall be disable to grant any avoidance and  because at the time of this grant he be not a recusant convict but only indict  for that reason he be not such a recusant as be describe to be disable by the  say Act and by consequence the say grant be good also it will be mischievous  if another construction shall be make for suppose that one seize of a advowson  in fee resort and repair to church accord to the law in such case establish  and for good consideration grant the next avoidance and many year after become  a popish recusant and be thereof convict it will be hard that this grant shall  be avoid for a no one holding to foresee and it be not possible that the  grantee shall have foreknowledge of it which be mere a future contingent and  it will be also against reason that a man by his subsequent offence shall take  away a lawful interest vest by his own grant upon good consideration vest in a  stranger but it be resolve per totan curian that this Act have disable the say  John Draicot the son to make this grant by the express word of the Act which  will the clear appear if the material word of the Act as to this case be  single by themselves in this manner every person that shall be a popish  recusant convict during the time that he shall be or remain a recusant shall  be disable from the beginning of this present session of parliament to grant  any avoidance and the say I Draicot be within all these word for where the  word be every person that shall be a popish recusant convict within which word  it appear that John Draicot be the disability be temporary know during the  time of recusancy from what time he shall be disable know from the beginning  of this session of parliament so that as long as be remain a recusant convict  he shall be disable to make a grantof the next avoidance from the beginning of  the session of the parliament et b summa ratio be queen pro religion compose  and such retrospect diverse act of parliament have have b and allow by diverse  judgement and therefore it be cite in blow Com inter straddle and Morgan f a  that where the statute of c h cap enact that the king shall have all the  possession of the abbey coke b that then be and after Cr James roll Rep latch  Noy Benl jenk cent lie before b a light Rep b   b b Vid vin vin c more pl more  latch Noy Bridgm godb Benl Benl in kelw pl Benl in ash pl n be pl   b   b a    b a b b   b   a a     Ent b a b a a b raze Ent b a hob dyer pl pl pl pl p pl  pl pl pl pl raze monast Br choose in action Br patent say roll Rep roll Rep  Leon Leon Leon Leon Cr James Cr car Bulst Plowd a a b a I Jon winch Ent c coke  report a er p ware shall come into his hand by surrender c in the same state  as they then be it have be adjudge as it be there say that if any college  after that statute make a lease for year and the same college three or four  year after surrender to the king their former lease make before the surrender  shall be void for the king shall have the possession in the same state as then  know at the time of the Act of h they be firedog they be discharge and free  from any such lease and therewith agree mich Elizabeth dyer a the abbot of  Ramsey with the assent of his convent late patron of Upwell in the county of  Northampton in Aug h which be after the statute of h of monastery which begin  April h grant the next avoidance of the say church to sir Edward Montague Knt  late chief justice of the common plea and afterward in November follow the  abbot and convent surrender to the king c the interest of the next avoidance  be by mesne assignment convey to one Leeds against who Beaupree the patentee  of the feesimple by king e bring a quare hinder against the bishop and  incumbent and by plead to rejoinder the case aforesaid appear and in the  rejoinder the save in the say Act appear with such averment that the say Leeds  non be nec to be nec be to come to know to be able some ankle mask queen per  sive in sharply predicto take out and by the opinion of all the justice the  grant be void against the king and so adjudge and the save can extend to such  future interest but extend only to interest in be and the record of this plea  begin pasch Elizabeth rot in common banc and yet in the same case all the say  objection which have be make in the case at bar may have be make in the say  case of Beaupree also it be enact by the statute of b Elizabeth c that all  land c of every treasurer c or person Accountable to the queen for any office  or charge c which he then have or afterward shall have shall be liable c in  like and in as large and beneficial manner to all intent and purpose as if the  same treasurer bad the day he become first officer or accountant stand bind by  write Obligatory have the effect of a statutestaple to her majesty and in year  Elizabeth it be resolve in the case of sir Christopher Hatton late chancellor  of England who become such officer to the queen year of her reign that if such  officer account well coke a and true with the queen and owe her nothing and  year of her reign be in such good case purchase land and in the same year  convey or lease they to other good fide upon good and true consideration and  afterward year Elizabeth by reason of the say office he become in arrearage  upon his account for four or five year which be long time after his conveyance  or lease that yet the land so c convey or lease shall be liable to those  arrearage by reason of the retrospect of the say word as if the same treasurer  c have the day he become first officer stand bind c c so in the case at bar  after the say John Draicot be a popish recusant convict during the time that  he remain a recusant he now shall be disable to grant any next avoidance by  the retrospect of the Act after the beginning of the say session of parliament  and the maker of the Act intend to inflict great disability upon they who  become popish recusant after the damnable and damned powder treason than  before a   a die pl Benl in kelw pl Benl in ash pl   a n Benl pl Plowd a b  Leon c more c in wile v fort taunt it be say by Mansfield CJ that every person  who have receive money belong to the crown every accountant of the crown for  money of the crown receive fall within the Act Elizabeth c but it be express  decide in king v smith wight that in the case of a purchase for a valuable  consideration without notice and without fraud or covin from a simple contract  debtor of the king the land be not bind by such simple contract debt and in  Casherd v ware price it be hold that a deposit of title deed by a simple  contract debtor of the crown for secure part of the purchase money to be pay  in consideration of other land sell to he be a equitable mortgage and bind the  crown and that although the purchaser have also give his bind to the vendor  for the whole amount Vid Sugdens vendor and Purch p that Edn and king v lamb I  Clel coke report b er p as to the second it be resolve that a covin shall  never be intend or presume in law if it be not express aver d because odiosa  shameful non are in lege prsumenda in facto quod see to have ad good malum to  greater extent de good how de evil prsumendum be and so it be adjudge in the  case of b Meriel Littleton Trin James in this court where the case be that  Elizabeth tirer executrix of the will of Thomas tirer bring a action of  trespass way et arms against Meriel Littleton and John dancer of a ox price at  Hagley in the county of Worcestor october James c the defendant plead not  guilty and the juror find a special verdict that one Thomas tirer be seize in  fee of eighty acre of land in Hagley and hold they of John Littleton Esq ut de  manor his de Hagley in the say county by fealty and the rend of S ld ob sect  Cur etreddendo optimum animal pron  interrog  to hold infeodo simple post  death the same to hold pro heriotto of which manor the say Meriel Littleton be  tenant for life at the time of the death of the say Thomas tirer and the say  Thomas tirer be so seize die Augusti year Elizabeth by his deed in  consideration of fatherly affection to John his son and heir apparent and in  consideration of a marriage to he have and solemnized betwixt the say John  tirer and one Joyce grove and for the advancement of the say John do feoff the  say John tirer of the say acre of land to have and to bold to he and his heir  for the use coke b of he and his heir by force whereof the say John be thereof  seize in his demesne as of fee and so seize the say day of August a the same  nup Reg by his deed indent to the intent that the say Joyce shall not be endow  during the life of the say Thomas redemised the say acre of land to the say  Thomas for year if the say Thomas shall so long live and that the first day of  September follow the marriage betwixt the say John and Joyce be solemnized and  after the say feoff the say John tirer do suit at the court of the say John  Littleton lord of the say manor and that after the feoff Thomas pay the rend  for the say acre of land and afterward Thomas tirer June James die be possess  of the say ox which be the best beast which he have and that the defendant  take the ex pro heriotto post death prd t tirer as due for the say tenement  and the jury further find the statute of a Elizabeth for avoid and abolish of  feign covenous and fraudulent feoff gift c as well of land and tenement as of  good and chattel which feoff gift c be devise and contrive of malice fraud c  to the intent to delay hinder or defraud creditor and other of their just and  lawful action suit debt c heriots mortuaries and relief c and therefore it be  enact by the say Act that all feoff gift c of land tenement and hereditament  good and chattel c to be make to any intent or purpose before declare and  express shall be adjudge and take as against the creditor or other person so  defraud and grieve to be clear and utter void and of none effect c e and if  upon the whole matter the say Meriel and John a cro Elizabeth lev Bridgm cro  car Jones more cro James d Acc king v Fillongley TR king v Llanbedergoch TR  Vid vin ab fraud l a pl also it be a general rule of law that every thing be  presume to have be legal do till the contrary be prove Bennett v clough barn  and Ald so also the law always presume against the commission of a crime king  v twine barn Ald so where any act be require to be do by a person the omission  of which will make he guilty of a criminal neglect of duty the law presume the  affirmative and throw the burden of prove the negative on the party who insist  on it William v the east India company east b Bridgm Jones a Elizabeth c  Elizabeth cap   light b a a b   Ent a   b   a   b Cr James YeIv brown Cr  Elizabeth die pl pl Leon Leon Leon raze fraud deed raze Ent b lane more Doct  Plac latch e accord to the case of Creswell v coke dyer b SC Leon if tenant by  heriot custom hold of several lord make a fraudulent gift of his coke report a  er p dancer be guilty then they find they guilty and assess damage to and cost  d c and this case be argue at the bar and Trin James it be argue at the bench  and it be unanimous resolve that forasmuch as no b fraud be find by the jury  the court will not adjudge the say feoff to be fraudulent and although the  jury have find circumstance and presumption to incite the jury to find fraud  yet it be but evidence to the jury and not any matter upon which the court can  adjudge fraud and the office of juror be to adjudge upon their evidence  concern matter of fact and thereupon to give their verdict and not to leave  matter of evidence to the court to adjudge which do not belong to they and  therefore the chief justice hold that if a bring a action on the case against  b upon trover c and conversion of plate jewel c and the defendant plead not  guilty now it be good evidence prima fancy to prove a conversion that the  plaintiff request the defendant to deliver they and he refuse and therefore it  shall be presume that he have convert they to his use but yet it coke a be but  evidence and if it be find by special verdict d in such case that the  plaintiff request they of the defendant and he refuse it be not a matter upon  which the court can judge any conversion for theconversion ought to alter the  action of detinue to a trespass upon the case which a denial can do in law for  in every action of detinue there be allege in the declaration a request and  refusal yet it be good evidence as have be say and so have always be allow to  prove a conversion that the plaintiff demand the good and the defendant refuse  to deliver they f the statute say to defraud creditor and other of their just  debt heriots c and the jury have not find that the say feoff be make to  defraud the lord of his heriot and so they have not find the case within the  statute if the son have die in the life of the father the lord shall have a  heriot after his death it be find that the intent of the feoff and redemise  for year make before the marriage be to the intent that the say Joyce shall  not ten endow during the father life but that after his death she heriotable  beast each of the lord may have a separate action who lamb on the stat  Elizabeth c but Vid the observation of Mr Watkins on this case treatise on  copyhold vol p bend b Fitzgib roll Cr Elizabeth Mod Rep Cr car Hardr c Cr  Elizabeth Cr James Cr car Goldsb roll more vent hob side roll Rep hut Bulstr d  Hardres see Mod       salk Fitzgib f a unqualified refusal after demand be  almost always conclusive evidence of a conversion but if there be a  qualification annex to it and such qualification be a reasonable one the  refusal will not amount to evidence of a conversion Alexander v Southey barn  Ald therefore if a into who possession good happen to come be ignorant that b  be the real owner refuse to deliver they to b until he prove that he be the  real owner such qualify refusal be not evidence of a conversion per coke CJ  Isaac v clarke Bulstr Solomon v daw Esp green v Dunn camp so where a deed be  demand of the defendant who say he will not deliver it up but that it be then  in the hand of his attorney who have a lie upon it this be hold no evidence of  a conversion smith v young camp so the refusal of a servant to deliver up good  without his master direction be not sufficient to render he personal liable  mire v solebay Mod Alexander v Southey barn Ald and a demand and refusal be  not evidence of a conversion where it be apparent that the defendant have make  no conversion as where the defendant cut down tree and leave they lie in the  place where they be fall for there can be any conversion if they remain there  as before mire v solebay Mod and Vid e case collect selwyn n p trover  Ivilbraham v snow sander e that edn bull n p Vid send for with the text that  the court will not intend a conversion unless the jury have find it mire v  solebay where sup bull n p king v Haughton strange coke report b er p shall be  endow although the son have die in the life of the father which feoff be find  by the jury to be make in consideration of marriage and to this particular  intent concern the dower of the son wife shall not be by construction of law  extend to any other intent and thereupon the chief justice put the case in  mich a Elizabeth the king tenant in capite his son and heir apparent of seven  year be indebt to diverse and be sue for his debt in diverse court and fear  the hindrance and impoverishment of himself his wife and child by extent of  his land c for execution of the say debt feoff diverse person sub condition  that when he or his heir shall pay to the feoff that then they shall make such  feoff and to such use as he or his heir shall limit or appoint or otherwise  the feoff shall be void c and this feoff and intent be find by mandamus return  in the Chancery etquod no one alian causan thought or secret understanding  videlicet ad defraudand ring c de guard heir well terrar and although this  feoff be find to be make by fraud and covin which be always unlawful yet  forasmuch as the fraud be to one particular intent know to defraud creditor it  shall not be extend to any other fraud know to defraud the king of his ware  although in truth and by the event by this feoff the king be defraud of the  wardship of the body and land and so be it resolve and decree in the court of  ware a strong when it be find that this feoff in the case of Meriel Littleton  be in consideration of marriage and of advancement of his son and that the son  wife shall be endow against the one coke b and not against the other all which  be lawful consideration the court shall not extend it to a unlawful intent nor  adjudge upon the whole matter find in that case that the feoff be make to any  other intent than be find by the jury as to the three objection in the case at  bar it be resolve and answer three way a Act of parliament misnomer of a  corporation g when the express intention appear shall not avoid the Act no  more than in a will for parliament testament et arbitramentum be to be take  accord to the mind and intention of those who be party to they and therefore  when the description of a corporation in a Act of parliament or in a will be  such that the true corporation intend be apparent and it be impossible to be  intend of any other corporation although the right name of the corporation  which be requisite to be express in grant and deed be not precise follow yet  the Act of parliament and will shall take effect and therefore in a r devise  where one devise certain tenement in London for life the remainder over church  consecrated Andre de Holb it be adjudge there that this devise be good to the  corporation of the parson of the church of saint Andrew in Holborn and his  successor for such description be sufficient in a will to express the parson  of the church and his successor acquire ration if a devise be make to the  university of Oxford or to the city of London or to b Trinity college in  Cambridge c such a devise be good and therein the true name of the corporation  shall be imply for by these description the meaning of the devisor be apparent  that the incorporate body of every of they shall take so here when the  parliament give the benefice to the chancellor and scholar of Oxford and their  successor this description be sufficient to express the meaning of the maker  of the Act that the corporation of the university of Oxford which have a  chancellor and scholar shall take it and no other corporation can take it the  record be well for the Act be plead as if the benefice have be give by the say  Act express as it be imply in law to the chancellor master and scholar and the  defendant have demurrer in law thereupon and so confess it h this clause which  give this benefice to the university of Oxford be a c private clause whereof  the judge without plead of it can take notice and therefore now the judge  ought to take it as it be plead as to the that objection to look at think over  it appear that the plaintiff have aver a cawl g Vid note b mayor of Lynnes  case post fol a a hob Plowd a b Br Corpor Perk sect b hob h this be incorrect  the demurrer be by the plaintiff to the plea of one of the defendant c roll  Plowd a hob side coke report a er p this sufficient for after that they have  allege that the say I Draicot the sol be papalis recusa intimacy they have say  ac prd I Draicot de maverio prd cum reach ad quod c in form predict seized  existenetpapalis recusa convict in form predict to step out et  remanensetecclesi predict vacavi per death predict g Eyre but if the plaintiff  have not aver it the court be of opinion that the declaration have not coke a  be sufficient because they have not enable themselves to take benefit of the  say Act and they need not aver that be yet continue and a remain a recusant  for when once the presentation here vice be vest in the university although  afterward the recusant conform himself or die yet the university shall present