|
|
Front Page  Titles (by Subject) Section 342 Conditional Estates, part 17 - Selected Writings of Sir Edward Coke, vol. II
Section 342 Conditional Estates, part 17 - Sir Edward Coke, Selected Writings of Sir Edward Coke, vol. II [1606]Edition used:The Selected Writings and Speeches of Sir Edward Coke, ed. Steve Sheppard (Indianapolis: Liberty Fund, 2003). Vol. 2.
About Liberty Fund:Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright information:The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
- II: Coke’s Speech and Charge At the Norwich Assizes
- (preface, Written By Robert Prickett)
- The Lord Coke, the Preface to His Charge Given At the Assises Houlden In Norwich, the Fourth of August, 1606.
- ¶ Here Followeth the Words of His Charge In Order.
- III: Excerpts From the Small Treatises
- A. Book of Entries
- The Preface of Sr. Edward Coke, Knight Lord Chiefe Justice of England of Pleas Before the King Himselfe to Be Holden Assigned, and One of the Lords of His Majesties Most Honorable Privie Councell.
- B. the Compleat Copyholder
- Sec. XXXIII.
- C. Little Treatise On Baile and Mainprize
- The Conclusion With Advertisment.
- IV: Excerpts From the Institutes
- A. the First Part of the Institutes
- The Preface.
- Section 1 Fee Simple
- Section 2 Fee Simple
- Section 3 Fee Simple
- Section 4 Fee Simple
- Section 5 Fee Simple
- Section 7 Fee Simple
- Section 8 Fee Simple
- Section 9 Fee Simple
- Section 10 Fee Simple
- Section 11 Fee Simple
- Section 12 Fee Simple
- Section 21 Fee Tail, Part 2
- Section 69 Tenant At Will, Part 2
- Section 80 Tenant By the Verge, Part 3
- Section 96 Escuage, Part 2
- Section 108 Knight’s Service, Part 6
- Section 138 Frankalmoin, Part 5
- Section 170 Tenure In Burgage, Part 9
- Section 199 Villenage, Part 18
- Section 342 Conditional Estates, Part 17
- Section 366 Conditional Estates, Part 41
- Section 372 Conditional Estates, Part 47
- Section 412 Descents, Part 27
- Section 464 Releases, Part 20
- Section 481 Releases, Part 37
- Section 723 Warranty, Part 30
- Section 728 Fee Warranty, Part 35
- Epilogue
- B. the Second Part of the Institutes
- Deo, Patriae, Tibi.
- Magna Charta,
- C. The Third Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of High Treason.
- Cap. II. of Petit Treason.
- Cap. III. of Misprision of Treason.
- | Cap. IV. Felony By Compassing Or Conspiring to Kill the King, Or Any Lord Or Other, of the Kings Counsell.
- Cap. V. of Heresie.
- | Cap. VI. of Felony By Conjuration, Witchcraft, Sorcery, Or Inchantment.
- | Cap. Lxii. of Indictments.
- D. The Fourth Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of What Persons This Court Consisteth.
- Cap. VII. the Court of Kings Bench, Coram Rege. 1
Section 342
Conditional Estates, part 17
| And therefore it wil be a good & sure thing for him that will make such feoffment in morgage, to appoint an especiall place where the money shall be payd, and the more speciall that it bee put, the | better it is for the feoffor. As if A. infeoffe B. to have to him and to his heires, upon such condition, That if A. pay to B. on the Feast of Saint Michael the Arch-Angell next comming, in the Cathedrall Church of Saint Pauls in London, within foure houres next before the houre of Noone of the same feast, at the Rood loft of the Rood of the North doore, within the same Church, or at the Tombe of Saint Erkenwald, or at the doore of such Chappell, or at such a pillar within the same Church, that then it shall bee lawfull to the aforesaid A. and his heires to enter, &c. In this case he needeth not to seek the Feoffee in an other place, nor to bee in any other place, but in the place comprised in the Indenture, nor to bee there longer than the time specified in the same Indenture, to tender or pay the money to the feoffee, &c. Here is good counsell and advice given, to set downe in Conveyances every thing in certainty and particularity, for Certainty is the mother of Quietness and Repose, and Incertainty the cause of variance and contentions: and for obtaining of the one, and avoiding of the other, the best meane is, in all assurances to take counsell of learned and well experienced men, and not to trust only without advice, to a Precedent. For as the rule is concerning the state of a mans body, Nullum medicamentum est idem omnibus, so in the state and assurance of a mans Lands, Nullum exemplum est idem omnibus.
“at the Tombe of Saint Erkenwald,”
This Erkenwald was a younger sonne of Anna King of the East Saxons, and was first Abbot of Chersey in Surry which hee had founded, and after Bishop of London, a holy and devout man, and lyeth buryed in the South Ile, above the Quire in Saint Pauls Church, where the Tombe yet remaineth that Littleton speaketh of in this place: he flourished about the yeere of our Lord, 680.
The residue of this Section, and the (&c.) are evident.
[Ed.: No medicine is the same for everyone,]
[Ed.: No precedent is the same for all purposes.]
|
