coke b ENGLEFIELDS case mich Elizabeth in the exchequer a seize of a manor in  fee by indenture Elizabeth covenant for the advancement of his blood c to  stand seize to the use of himself for life and afterward to the use of his  nephew b in tail and afterward to the use of his say nephew in fee and it be  covenant in the indenture that because the nephew be a infant and his proof  not see in order to restrain he if after he shall be prodigal c it be provide  that if the uncle by himself or by any other during his natural life deliver  or offer to the nephew a gold ring to the intent to make void the use then all  the use shall be void hill Elizabeth a be indict for treason and outlaw  afterward Aug Elizabeth the queen by patent under the great seal lease the  land to c and d for forty year and also demise for forty year all men et one  hoscos subboscos arbores et land boscales and afterward at the parliament Oct  Elizabeth the attainder be confirm and further it be enact that he shall  forfeit to the queen all his manor land c the day of the treason commit or at  any time after and that the same shall be in the actual possession of the  queen without office but that the Act shall not extend to make void any lease  of land c make by the queen under the great seal c after the treason commit  and by another Act make the same parliament all person claim to have any  estate or interest out of the land of person attaint since Elizabeth c make by  person attaint since Elizabeth c of treason in conspire the queen death as the  say treason of a be be direct to exhibit their grant within two year in the  exchequer and the same be direct to be enter and enrol c or else such grant c  to be deem void mark Elizabeth the queen by her letter patent under the great  seal recite the use and the proviso of tender a ring c do depute e and f to  make the tender to the nephew to the intent to make void the use and that they  shall certify into the exchequer what they do in the premise e and f make the  tender to b the nephew and read the patent to he b refuse the tender all which  fact with the patent they certify into the exchequer mark Eliz and the life of  a be aver and in a information upon intrusion in the exchequer against b c d  and coke report a er p other which charge the defendant with cut tree of elm  and ash and also Underwood judgement be give for the queen and it be resolve I  that if the queen as tenant pur autre vie make a lease for forty year without  any recital or mention of the estate for life the lease be good but if the  queen have rant a estate in tail or in fee such grant will have be void that  the queen may take advantage of the condition in the covenant to stand seize  and that the proviso be well perform by the queen commission that the demise  of the queen be not a suspension of her condition as in the case of a common  person for the demise of the queen shall not enure to two intent that the  tender and certificate be good and that the party grieve if it be false may  traverse the same that at the time of the tender of the ring the conveyance by  covenant to stand seize be still in force and by consequence also the  condition SC and Poph more Leon roll Rep lane keb Inst palm case in law and Eq  skin Mod between the queen and Margaret Englefield Francis Englefield and  other in a information upon intrusion in the exchequer which begin Trin  Elizabeth the case in effect be such sir Fr Englefield seize of the manor of  Englefield in the county of Berks in fee by indenture date and Jan Elizabeth  between he and the say Francis his nephew covenant for the advancement of his  blood c to stand seize to the use of himself for life and afterward to the use  of his say nephew and the heir male of his body and afterward to the use of  the right heir of the nephew and it be further contain in the same indenture  that because his nephew be a infant so that his proof be not then see and  because the uncle do not think convenient to settle the say inheritance in the  nephew absolute so long as the uncle shall live without a bridle to restrain  he if after he shall be prodigal or shall be give to intolerable vice for this  cause it be provide that if the uncle by himself or by any other during his  natural life deliver or offer to the nephew a gold ring to the intent to make  void the use that then all the use shall be void hill Elizabeth sir Francis be  indict in the king bench by a jury of Middlesex for treason commit at Nemures  in Hanonia in birth ransmarinis Oct Elizabeth upon which indictment he be  outlaw and afterward Aug Elizabeth the queen by patent under the great seal do  lease the land to foster and Fitton two of the defendant for forty year and  also demise to they for forty year all men et one boscos subboscos arbores et  land boscales and afterward at the parliament Oct Elizabeth the attainder be  confirm and further it be enact that he shall be attaint of high treason and  shall forfeit to the queen all his manor land tenement c the day of the  treason commit or at any time after and that the same shall be in the actual  possession of the queen without office but further it be provide by the say  Act that nothing therein shall extend to make void any lease of land or gift  of good make by the queen under the great seal or Exchequerseal after the  treason commit c and at the same parliament another Elizabeth cap Act be make  by which it be enact that every person and person which have or claim to have  any estate or interest of in or out of any land of any of the person attaint  since Elizabeth not coke a enrol of record not certify into the exchequer make  since Elizby any of the person attaint since Elizabeth of treason for conspire  of the queen death as the say treason of sir Francis Englefield be within two  year after the last day of this session of parliament shall open show and  bring forth into the queen majesty of the court of exchequer the same his or  their grant conveyance and assurance and there in the term time in open court  the same shall offer and exhibit or upon his or their oath affirm that they  have not the same nor can come by it or that it be never put in write then the  effect thereof to be enter and enrol of record or else every such conveyance  and assurance shall be void and of none effect to all intent and purpose save  to every person and person other than party and privy to such conveyance and  such as shall not exhibit the say conveyance accord to the true meaning of  this Act all such right c and coke report b er p afterward mark Elizabeth the  queen by her letter patent under the great seal recite the use and the proviso  of tender of a ring and that the benefit and advantage of the say condition be  give to her by the statute of this realm do depute authorize and in her place  and person put r Broughton and h bouchier joint and several to deliver or  offer the ring of gold to Englefield the nephew to the intent to make void the  use in the indenture and that they shall certify into the exchequer what they  shall do in the premise Broughton and bouchier mark Elizabeth offer the ring  and read to he the patent to the say Francis the nephew which he refuse all  which fact with the patent they certify into the exchequer mark Elizabeth and  the life of sir Fran be aver c and the defendant be charge for intrusion mark  Elizabeth and with the cut of certain tree of elm and ash and certain  underwood and in this case after many argument at bar and at open argument at  bench these point be resolve the queen as tenant pur auter vie make a lease  for forty year although the queen have only a estate pur auter vie can not  absolute contract for a lease for forty year yet without any recital or  mention of the estate for life the lease be good for the lease for year be in  judgement of law less than the lease pur auter vie and the queen do not any  wrong or prejudice to any by the demise and be not deceive in her grant for in  judgement of the law it be a lease for forty year if beneficiary and vie shall  so long live but if the queen have grant a great estate than she lawful may as  a estate in tail or in fee there because she can not lawful do it she be  deceive and by consequence her grant void see now the case of Alton wood in  the first part of my report a Vid as to the king grant note r Alton wood case    a a and it be say that if the queen grant totum position suum have a term or  estate for life extent or other particular estate it be good enough for the  coke b queen do not grant more than she may do by the law nor do any a   b   b  b day a b   a Inst   light b e a Plowd b b Cr argument roll Rep Noy more godb  a wrong or make any alteration of any estate by her grant and it be object  that this condition shall not be give to the queen by the stat of h c for  three reason this condition be annex to sir Francis with such inseparable  privity that it can be give to another for in this case the substance of the  condition be the intent and mind of sir Francis but because his intent and  mind can appear without a overt act for this cause the ring shall be tender as  a declaration of his intent which be inward and secret to himself so that the  tender of the ring be only the outward ceremony but the substance of the  condition be the mind and will of sir Francis which can be transfer to another  also in this case nature be make judge for the uncle be to judge of the  quality and disposition of the nephew and whether he give his uncle cause to  revoke or disannul his estate and therefore as natural love and affection can  be transfer to another so this conveyance of which natural love and affection  be the cause of the creation of it and the judge of the determination of it  can be revoke or determine by a other and all this agree with the reason of  the commonlaw for the b Vaugh h b   b calvin case   a Plowd a Inst Br guard Br  forfeit   light b b wardship of the old son which the law of nature give the  father be inseparable and can be forfeit or transfer to another as it be agree  in h and homage ancestral be inseparable because it be annex to the blood of  the lord and the tenant by the general word of the Act of h condition  separable and which may be perform by other and not inseparable be give to the  king as appear by diverse case find on general act of parliament here put and  after agree it be object that this be a collateral condition although the  condition be give to the king know the benefit of it if it be perform yet the  performance be not give to the king by the say Act and therefore sir Francis  ought to tender the ring and not the queen and therefore suppose that the  condition have be if the chief justice of England for the time be shall tender  a ring after the attainder of sir Francis the queen can tender it and the  reason of the book in h and h coke report a er p and h dyer c be urge where  collateral c   a a roll Brownl roll Rep Cr Elizabeth Bulst   Litt b Perk b a  hob palm c condition can be alter and other thing take in satisfaction of they  between the same party a strong here for here the person who by express word  ought to perform the condition shall be change as to the first and second  objection manwood chief baron and the whole court hold that the whole force  and effect of the condition in the case at bar do consist on the tender of the  ring and the other matter of the reason and cause which move and induce he to  leave the say power and bridle in himself be not any parcel of the proviso but  a d latch palm Q de hoc d flourish as he term it and preamble and nothing be  parcel of the condition but that which come after the coke a proviso and that  be the tender of the ring and as to that the say difference be take and agree  by the whole court sure between condition which be personal and individual and  can be perform by any other and condition which be not so inseparable annex to  the person but that they may be perform by any other as it be resolve in the  case of Thomas duke of a latch Mod Rep hob vent roll Rep latch palm Benl Jones  style a Norfolk who in year Elizabeth convey his land to the use of himself  for life and afterward to the use of Philip earl of Arundel his old son in  tail with diverse remainder over with proviso that if he shall be mind to  alter and revoke the say use and shall signify his mind in write under his  proper hand and seal and subscribe by three credible witness thatthen c and  afterward the say duke be attaint of high treason that this proviso or  condition be not give to the queen by the say Act of h because the performance  of it be b palm b personal and inseparable annex to his person that be to say  to signify his mind by write under his own proper hand which none can do but  the duke himself upon which point all the possession of the dukedom so convey  ut above be save and not forfeit by the attainder h the templar hold diverse  of their possession in c latch light sect   light a   b more h b a more c  frankalmoign which tenure as Littleton say be annex in privity to the blood of  the donor and afterward they be dissolve and by parliament year Edward their  possession be give to the hospital to hold they in the same manner as the  templar hold yet they by those general word shall not bold in frankalmoign  because the privity of the tenure on the part of the tenant do not continue  and this privity be personal and inseparable by the general word of the Act be  not transfer to the hospital the same law of a impropriation of a church which  also be a incident inseparable to the religious house to which the church be  impropriate and therefore it be adjudge in p Edward d e b pl   b more  Fitzherbert grant Plowd Leon d that the hospital by the say Act of Edward  shall not have the impropriation for it be inseparable annex to the  corporation of templar which thing consist in inseparable privity by general  word of a Act of parliament shall not be transfer to other so be it adjudge  Trin Elizabeth in the marquis of Winchester case which see in the three part  of my report that by the general word of all hereditament c a writ of e Leon  more latch Benl roll Rep Leon Rep more light Rep cro Elizabeth Owen   a b  Jones e error which a person attaint have be not give to the king for a writ  of error be a writ which lie in privity and the chief baron say that he never  see in any act of attainder f hob roll Rep p j action which belong to the  attaint give to the king in the time coke report b er p of h Br corody it be  hold that g   light a b more Leon   b g foundership which also be a thing  annex inseparable to the blood of the founder shall not be forfeit by  attainder vide l Ed Q but in the case at bar the condition sure the tender of  the coke b ring be not annex to the person of sir Francis but any other may do  it as well as himself the same law of payment of money delivery of gold spur  or other like as to the three objection it be resolve that when the statute  give the condition to the queen that the performance thereof which be not  personal and inseparable be also give to the queen as incident to it for the  performance be the substance and the effect of the condition and the statute  put the king in the place of the person attaint to do that for the performance  of the condition which be feasible and which be not inseparable annex to the  person of he who be attaint it be object that although the condition shall be  give to the queen and the performance of it also yet the lease shall not be  void for the estate for life of sir Francis be not subject to the condition  for a a   light b   a Mod Rep Anders Plowd b Poph a use at the commonlaw be a  trust and confidence repose in one person that another person shall have the  profit so that there ought to be a separation of the possession and of the use  either by covenant or feoff fine or other conveyance by which there be a  transmutation of the possession but in our case he himself stand seize to the  use of himself for life which can not be as a use for he himself be  terretenant and there be not any separation of the possession and it be not  any trust or confidence and he can not have a subpoena against himself before  the statute and the stat of h cap h do execute the possession to he only who  have a use and who have not a possession before but sir Francis in our case  have the possession before and therefore the statute can give possession to he  but his estate for life be parcel of his old estate and note the statute of h  say to the use of b   b another person c so that another person ought to have  the use than he who have the possession and vide h feoff all use Br  beneficiary and use in tail before the stat be feoff by the feoff and  afterward the stat of h be make the statute shall not give he a possession in  tail accord to the use because he have the possession before because there be  not any separation of the use and possession at the time of the make of the  statute and then if the estate for life be parcel of his old estate it be not  subject to the say proviso or condition and by consequence by the performance  of the condition the estate for life be not defeat and then the lease for year  which be derive out of it remain good but it be resolve by the court that sir  Francis have the estate for life by the limitation of the use and the  operation of the statute of h and they much rely upon the reason and rule of  Bayntons case in blow Com that a man for the advancement c roll Plowd b c of  his heir male may covenant to stand seize to the use of himself and the heir  of his body in that case there be no separation of the possession and use and  yet coke a the statute do create a estate in tail in possession in he in which  case the whole estatetail be in himself but that be for the benefit of the  heir male although he be in going to be and not in prsenti none can know who  shall be his heir male for a roll   light b a solus Deus compose hredes non a  human being but in this case it be for the benefit of the nephew in prtesenti  to have the use raise accord to the say indenture it be object that although  the estate for life be defeat by the condition yet the queen shall not avoid  her own lease for when the queen have a estate for the life of another and  also a condition in her by the statute of h and she make a lease for year  although the queen do perform the condition she shall not avoid the lease as  if in such case a common person have have the estate for life and the queen  the condition and the common coke report b er p person have make a lease of  the land and the queen have confirm it and afterward the condition be perform  yet the b more roll Rep godb b lease be good and if mortgagee make a lease for  year and the mortgagor confirm it and afterward the condition be perform the  lease shall not be avoid and Arden case be cite tenant in c more Poph   b    light a a Br condition roll Rep c tail make a lease for life now he have gain  a new fee by wrong and afterward he grant a rentcharge or make a lease for  year and afterward tenant for life die he shall not avoid his charge or lease  although he be in of another estate because he have a defeasible possession  and ancient right the which if they be in several hand shall be good as the  lease of one and the confirmation of the other and be in one hand shall be as  much in judgement in law note the lease be the strong case than the charge h a  edrich tenant in tail make a feoff to his use upon condition and afterward  upon his recognizance the land be extend by the stat of r d r c   a d and  afterward be perform the condition yet the interest of the conusee shall not  be avoid and yet the estate be change causan how above and all that be affirm  by the court but as to that it be resolve that the demise of the queen shall  not enure to her special prejudice to e lane Poph b   a e two intent sure to a  demise of the land and also to a suspension of her condition by which she may  defeat the estate for life and the other estate as it shall in the case of a  common person or to a demise in respect of her present estate for the life of  another and also to a confirmation in respect of her condition by which  otherwise she may defeat the whole as shall be also in the case of a common  person for the grant of the queen shall be take accord to her express  intention comprehend in her grant and shall not extend to any other thing by  construction coke b or implication which do not appear by her grant that her  intent do extend to and therefore in such case the queen ought to be true  inform and she ought to make a special and particular grant which by express  word may enure to all such several intent as be desire as thou a advowson hold  of the king be alien to a abbot now the king have title to the advowson for  the mortmain and afterward the king by his letter patent grant to the abbot  that he may hold the advowson in his own use yet he shall not lose the  advantage of the mortmain for when the king have two right in he he can  exclude himself of both without special word vide h blow Com c and if in this  case the demise of the queen shall amount to a confirmation by force of her  condition or if the demise shall amount to a suspension of the condition then  upon that it will follow that she during the term can not perform the  condition which will be very prejudicial to the queen and as to the say tender  by force of the say letter patent and the certificate thereof into the  exchequer it be object that the same will not be sufficient but the tender  ought to be find by office for although the letter patent be of record yet the  tender itself be matter in fact which ought to be find by office for the  certificate of the bishop by force of the king writ or of the marshal of the  king host as in Edward which and such like be not traversable but be trial in  law and shall bind the party but in our case if this certificate which be not  make upon any ordinary course of proceed shall be good in law it will be a  great prejudice to the party for no certificate which be allow and warrant by  the commonlaw be traversable and then the matter may be false and the party  disinherit and yet he shall not have any remedy which will be very  inconvenient but it be resolve by the whole court that the tender and  certificate in this case be good enough and that the party grieve if it be  false may traverse the same and shall not be conclude by it for it be not in  the nature of a trial but of a record to inform and satisfy the queen of her  title also they resolve that present by the tender of the ring accord to the  say proviso or condition the user be determine and void in law and by  consequence the land vest in the queen by force of the attainder and of the  Act of h it be object that the say coke report a er p conveyance be void by  the Act of Elizabeth and then be sir Francis at the time of his treason commit  and attainder thereupon seize of the say land in fee which be coke a forfeit  to the queen and vest in her by the say Act of h and by consequence the say  lease make by the queen be at the time of the make thereof seize in fee be  good and to prove that the conveyance be void by the statute before the say  tender of the ring so that the estate be not defeat by the condition but the  conveyance in which the condition be contain make void by the Act of Elizabeth  before the say tender of the ring and before the lease make the word of the  statute be that every person c within two year after the last day of that  session shall open show and bring forth into the exchequer his conveyance and  there in the termtime in open court shall exhibit c the same to be enter and  enrol of record c and the tender of the ring be the mark year before which day  all the term in the two year be pass so that after Hilary term pass year it be  not possible that the conveyance shall be enrol within the two year in open  court in termtime for the two year pass by effluxion of time before easter  term and therefore present after Hilary term pass the conveyance be void and  by consequence the condition also and thereupon the case in tempt e   a f n b  king more roll Rep godb covenant and f n b be put that although the covenant  be that he leave the wood in as good plight c at the end of the term if the  lessee cut down the tree the lessor shall present have a action of covenant  for it be not possible that be leave the tree c at the end of the term so that  the impossibility of the act shall give a present action upon a future  covenant b Vid note b Anthony main case   a b but it be resolve by the court  that at the time of the tender of the ring the say conveyance and by  consequence the condition be in force and their reason be because the statute  do not require that the enrolment of the conveyance which be the act of the  court shall be within the two year but the show and exhibit thereof which be  the act of the party ought to be within the two year for as to the show and  exhibit of the conveyance the word be within two year c shall c there in the  termtime in open court exhibit the same then the next word follow be to be  enter and enrol of record so that no time be limit when it shall be enrol but  if the word have be and then and there shall be enter and enrol of record then  the conveyance ought to have be enrol within the two year but as the word be  it may be enrol after the two year pass and this be the first case that I know  that be argue and adjudge on the say Act of h which give condition of person  attaint of treason to the king and in the argument of this case the case of t  Markenfield Esq a Elizabeth in the excheq and diverse other case of person  attaint of treason who have power of revocation be cite coke b and on  consideration of they by the baron they resolve ut above and give judgement  for the queen but the counsel of Francis Englefield be not satisfy with the  judgement and chief as to this principal point for they conceive that as this  case be the condition be so inseparable annex to the person of sir Francis  that it be not give to the queen by the say Act of h and their advice be to  bring a writ of error but at the next parliament sure Elizabeth a special Act  of parliament be make to establish the forfeiture to the queen c if the  condition be such as that the substance of the performance thereof be not bind  up strict to the person attaint then such a condition be give to the crown and  the king may perform it as the party himself may have do in case the condition  have a continuance h PC suppose sir Francis have die before the queen have  make the tender then the condition which be only limit to he during his life  have be determine and the queen can not have tender for the attainder can not  lengthen the condition long than the first limitation but on the other side if  the condition be appropriate and apply to the person of the party attaint then  such condition be not give to the crown per Lord hale h PC c coke report b er  p in Dacres case cite by Popham leo where the grant be revocable upon a mere  tender of S it be resolve that such a condition be give to the king in Hardwin  v Warner latch Jones palm roll a power of revocation be give to sir William  Shelley upon tender to the feoff of a gold ring or a pair of glove of the  value of d or above or the sum of d he the say sir William tunc to disclose et  expressante that the tender be with intent to make void the feoff the  attorneygeneral confess judgement in the exchequer in the common plea it be  adjudge that this condition be so personal that it be not give to the king but  upon a writ of error to king b Lord hale state PC that the court be divide  palmer state that three judge be of opinion that the power be inseparable  annex to sir William person the judgement of c b be of course confirm where  the power be require to be execute under the proper hand or which be the same  under the hand of the donee the power be appropriate to the person and be not  forfeit by his attainder smith v Wheeler Ventr lev Mod keb also when the  condition be give to the crown till the condition be perform nothing but the  condition be in the king and by a general grant of the subject matter to which  the condition be annex before the performance of the condition neither the  power of perform the condition nor the benefit of the condition when perform  passes to the grantee and if the condition be grant by the crown and may by  the crown be transfer to the patentee yet it seem that the patentee can not  transfer or assign that condition over to another h PC where the king debtor  have a power of revocation for his own benefit whatever be the ceremony  require to its execution and although such debtor die without execute the  power the land may be extend for the debt by virtue of the king prerogative  sir Edward coke case roll godb so where the donee of a power of revocation  commit a contempt against the king prerogative the land may be seize in the  same manner as if he have execute the power for his own benefit thus where a  man have a power to revoke a settlement go abroad and the king send his privy  seal to he require he to return into the realm which he refuse to do upon oath  of the fact make by the messenger by who the privy seal be send process be  issue against the terretenants and judgement be give that they shall forfeit  the land for the contempt sir b dudleys case cite roll sir W de Britain case  cite die b pl sir Francis Knoles case die b pl Bac ab prer c that be till the  return of the person commit the contempt when he be liable to fine and  imprisonment Sudgen on power rd edition