coke Report29a bunting v LEPINGWELL Michaelmas Elizabeth in the king bench SC  more Inst skin SC cite send for   Cop S S Inst two h Bulst Bridgm sand vent ld  raym Bl Rep marsh dow Inst two b f h sheep touch pale yellow ten Watk Cop wood  Conv n Bl Com n wood Cru dig bull n p a n that edit Phil law eved and edit  Fonb Tr Eq n press stand at a distance Sugd pow and edit vin Abr baron and  feme n a pl bastard h pl Cop hold b a pl S a pl u a pl X a pl f b pl I b pl  court d pl Com dig copyhold f g estate a Bac Abr copyhold b g h ecclesiastical  court d e ante b see the note and reference infra b contract himself to a and  afterward a be marry to t and cohabit with he b sue a in the court of audience  and prove the contract and sentence be pronounce that she shall marry the say  b and cohabit with he which she do and they have issue c and then b the father  die r b the father of b surrender out of court by the hand of tenant to the  use of his wife m and r his young son and die after who death the surrender be  present accord to the custom and the lord grant admittance to m and r and the  heir of r m die and r surrender to the use of e his wife and die and c enter  as heir at law of r b hold saint that though t be not party to the suit yet  the sentence against the wife only be but declaratory be good and bind the  husband de facto as the cognizance of the right of marriage belong to the  ecclesiastical court the court of law ought to give credit to their proceed so  that c the issue of b be legitimate and that the limitation of the use be  general the surrendees take but a estate for life for copyhold estate be  regulate by the rule of law unless there be a special custom to the contrary  as that Himself et nest or Himself et assign c shall create a fee rd that  though the lord grant admittance to m and r and the heir of r yet it enure to  they only for their life the reversion to the surrender for the lord be but a  instrument and they be in by he who make the surrender that that the surrender  by r to the use of his wife be good that that though r b die before the  surrender be present in court yet presentment be afterward make accord to the  e post a b I the reason of these diversity be because when the lord act  contrary to his warrant or power his act be void but when he act accord to his  power in one thing but beyond it in another for what he act accord to his  power he have a warrant but for what he act beyond it he have no warrant and  so it be void     p pale yellow ten vin Abr copyhold S a pl f b pl Bac Abr  copyhold g ED Counterfeit a   a   a Com dig copyhold g g lane Com dig copyhold  g coke report a er p custom it be good by have it not be accord to the custom  so if the person by who hand the surrender be make die yet it may be present  on good proof and if the surrendee die before admittance yet his heir shall be  admit the case as it be find by special verdict be to this effect I bunting  the plaintiff father and Agnes Addingshal contract matrimony between they per  word de present time tempore a and afterward December year dom the say Agnes  take to husband Thomas Twede and afterward Julii John bunting libel against  the say Agnes upon the say contract in the court of audience upon the proceed  in which libel decretum to be quod pillage Agnes to come under marriage cum a  saying beforehand John bunting et insuper pronunciatum decretum et declare  known to be dictum marriage before no one c and further it be adjudge that the  say John and Agnes shall intermarry which they do and have issue the plaintiff  the say t Twede then live and afterward John bunting die and it be further  find that one Richard bunting father of the say John be a copyholder in fee of  the land in which c hold or the manor of Goldingtons in Caniscoln in Essex and  out of court accord to the custom of the manor surrender by the hand of  customary tenant to the lord of the manor to the use of Margaret his wife and  Robert his young son and die after who death the say surrender be present  accord to the custom and thereupon the lord of the manor give admittance and  grant seize of the land to Margaret and Robert and to the heir of Robert and  Margaret die and Robert survive and surrender the land to the use of emme his  wife and die emme be admit Charles bunting as cousin and heir of the say  Richard bunting know son and heir of John son and heir of the say Richard  enter upon emme and the defendant as her servant and by her command reenter  upon which reentry the plaintiff bring the action and in this case five point  be adjudge that although Twede then be de facto the husband of the say Agnes  be note party to the say suit nor to the sentence in the spiritual court which  dissolve the marriage betwixt he and the say Agnes but the say Agnes a only  yet the sentence against the wife only be but declaratory be good and shall  bind the husband de facto b and a by the canon law which be the general law  throughout Europe as to marriage except where that have be alter by the  municipal law of any particular place a contract of marriage enter into per  word depraesenti be consider to be a actual per see see Dalrymple v Dalrymple  report by dr Dodson macadam v walker I dow Lautour v teesdale marsh it be  otherwise as to a promise de going to be unless follow by consummation or some  other act which be hold in law to amount to the carry the promise into effect  I dow in the present case it be adjudge that a contract per word de present  time though not attend by consummation be sufficient to avoid a second  marriage though follow by consummation but now by the Geo c no suit or proceed  shall he have in any ecclesiastical court in order to compel a celebration of  any marriage in fancy church by reason of any contract of matrimony whether  per word de present time or per word de going to be the latter word be  probable include in the statute mere from caution as it be far from be clear  that matrimony can ever be compel in the ecclesiastical court on a contract  per word de going to be otherwise than by admonition Inst b I since this  statute it seem that precontract be no long a cause for dissolve a marriage in  England ibidem Bl Com n ED a more b S p bull n p a n so where issue be join on  the record on the legality of marriage on general bastardy in certain real  writ or on the fact of profession or deprivation the mode of try the question  be by reference to the ordinary and his certificate when return and enter on  record in the temporal court be conclusive evidence against all the world on  that point saint Tr but in general the sentence of the spiritual court be not  evidence except against the party to the suit in which the judgement be give  or against those claim under they ibidem nor will a sentence in a spiritual  court preclude inquiry in criminal case first because the party be not the  same for the king in who the trust of coke report b er p forasmuch as the  conusance of the right of b marriage belong to the ecclesiastical c court and  the same court have give sentence in this ease the judge of our law ought  although it be against the reason of our law to give faith and c credit to  their proceed and sentence and to think that their proceed be consonant to the  law of holy church for d who in svan art to pass away be credendum and so have  the judge of our law always do d as appear in e h b h a b ass pl so that it be  resolve that he plaintiff be legitimate and no bastard when r bunting  copyholder surrender into the hand of the lord to the use of the say Margaret  and Robert without coke Report29b limitation of any a estate it be resolve  that they have but a estate for life e for as well estate as descent shall  proecuting public offence be vest and which be execute by his immediate  officer or in his name by some prosecutor be no party to such proceed in the  ecclesiastical court and can be admit to defend examine witness or in any  manner intervene or appeal second such doctrine will tend to give the  spiritual court which be not permit to exercise any judicial cognizance in  matter of crime a immediate influence in trial for offence and to draw the  decision from the course of the commonlaw to which it sole and peculiar belong  per de grey c j saint Tr but a sentence of divorce or of nullity of marriage  be conclusive on a trial for polygamy by stat James c ill which provide that  the Act which make polygamy a felonious offence shall not extend to any person  divorce b a that sentence in the ecclesiastical court nor to any person where  the former marriage have be by the ecclesiastical court declare null and void  ED b Carth Bl Rep vin Abr court d pl Bac Abr ecclesiastical court d e and see  n c infra c Acc Inst a a I more roll Abr roll Abr Styl bro Abr title trial pl  jenk vent post   a a   b will Bl Rep c burn ecclesiastical l vin Abr court d  pl Bac Abr ecclesiastical court d e ED c Ventr   a Cawdries case Cawly   b vin  Abr court d pl Bac Abr ecclesiastical court d e above n c pra n c d   a  Cawdries case Cawly   a calvin case   light a vin Abr court d pl d spiritual  court have the sole and exclusive cognizance in determine the legality of  marriage and the temporal court have a inherent power of decide incidental as  far as temporal right be concern either upon the fact or legality of a  marriage when they form a part of some more general issue within their  cognizance or be in some way connect with the decision of the proper object of  their jurisdiction but where in civil cause the temporal court find the  question of marriage determine by the ecclesiastical court they receive the  sentence as conclusive proof of the fact it be a authority accredit in a  judicial proceed by a court of competent jurisdiction judgement of de grey CJ  saint Tr Phil law eved Kenns case post   Jones v bow Carth dam Costa v villan  real stram sentence of nullity or in affirmation of marriage therefore have be  receive as conclusive evidence on a question of legitimacy arise incidental  upon a claim to a real estate saint Tr so a sentence in a cause of jactitation  have be receive as evidence against a marriage upon a trial in ejectment and  in personal action immediate find upon a suppose marriage but it will not like  a sentence of nullity be conclusive evidence ibidem and as such a sentence be  not conclusive even in the court where it be deliver and declare not direct  but only collateral the invalidity of marriage it have be adjudge not to be a  bar to a criminal prosecution for bigamy duchess of kingston case saint Tr ED  e   b vin Abr court d pl above n c f more marsh viii Abr bastard h pl see n a  sup a   light b e S p   Cop S and in pale yellow ten Watk Cop Cru coke report  b er p be direct by the rule of the law as necessary consequent upon the  custom f unless there be a special custom which be a way oh be observe within  the manor as these word Himself et nest or Himself et assign or such like may  by custom create a estate of inheritance g and it be observe that the estate  in the case limit upon surrender be always annex to the estate of he to who  use the surrender be make and always the surrender to the lord be general b  without limitation of any estate W it be resolve that when the lord make  admittance and deliver seize to Margaret and Robert and to the heir of Robert  it be only a c admittance to they for the term of their life the reversion  over to Richard bunting who make the surrender I because the lord be but a  instrument king d in this case and when he have admit accord to the effect of  the surrender nothing remain in he but the reversion of the estate in he who  make the surrender to dispose of as he please accord to the custom of the  manor l and those who be admit for their life be in e by he who make the  surrender m which can be if the reversion shall be in the lord although he who  be admit be in by he who make the surrender yet it be dig vin Abr copyhold f  pl S a pl f b pl Com dig copyhold f Bac Abr copyhold h but a custom for the  lord to grant in fee where a copyholder surrender to the use of another  without express any estate be good brown v Forster cro Elizabeth ED f with  respect to the limitation of the use the same word be necessary to the  creation of a estate in fee or in tail in copyhold land as in estate at  commonlaw unless there be a special custom to the contrary   Cop S sand ld  raym wright v Kemp t r Lovel v Lovel atk idle v cook I p wms Sutton v stone  atk pale yellow ten Watk Cop Cru dig Inst two h press stand at a distance for  surrender of copyhold be to be consider as commonlaw conveyance and be not  entitle to the same favourable construction as a will atk atk wright v Kemp  sup ED g S p   Cop S wood n pale yellow ten Kitch b Watk Cop Cru dig press  stand at a distance vin Abr copyhold S a pl Com dig copyhold f estate a Bac  Abr copyhold h so by custom a surrender to a habendum to a b c d give  successive estate for life   Cop Kitch b ld raym Bac Abr copyhold f so on a  grant to one for the life of three person and the life of the long liver of  they respective the beneficiary and vie may take in remainder by special  custom but not otherwise mantle v Penhallow ld raym Mod salk right v Bowden  east ED b   light b h Acc   Cop S vin Abr copyhold f b pl Com dig copyhold f  ED c ante b   light b   b   a Cr Elizabeth Cr car roll I S p   Cop S Inst two  g pale yellow ten Watk Cop Cru dig vin Abr copyhold f b pl Com dig copyhold g  Bac Abr copyhold g ED king Acc   Cop S pale yellow ten Watk Cop Cru dig Com  dig copyhold f Bac Abr copyhold g vin Abr copyhold b pl ED d Cr Elizabeth Cr  car ante b Bridgman roll   b more   Siderf l Acc post   a Brownl cro Elizabeth  Leon atk Cop ED e ante b b more Cr Elizabeth   light b Bridgm roll Cr car see  Wilson m Acc pale yellow ten Inst two g Watk Cop Com dig copyhold f ED coke  report b er p resolve that a man may surrender as Robert bunting do in  orgiastic Bacchic dance case to the use of his wife because the husband do not  make it immediate to the wife but by two mean see by surrender of the husband  to the lord to the use of the wife and by admittance of the lord to the wife  accord to the surrender n when Richard bunting make the surrender out of court  f and die before it be present in court yet the surrender be present after his  death accord to the custom be good but if it have not be present accord to the  custom then the surrender become of no force or effect p so if the g tenant by  who hand the surrender be make die yet if it be upon good proof present it be  good enough Q so in the case of h kite and Queinton before where be to who use  the surrender be make die before admittance yet his heir shall be admit r and  this last point be resolve without any difficulty or scruple and that be the  true case of bunting mention in I Westwicks case next before and well agree  with the reason of the same case