Obrázky na stránke
PDF
ePub

remedied by Act of Parliament and not by the Court of King's Bench. The case was adjourned. By Hilary 1669 Wyndham was dead. Kelynge and Twysden gave a judgment nisi' for the plaintiff, a natural corollary of their belief that the lease of 1662 should stand. Later, however, an appeal was made for 'stay of Judgment', and judgment was stayed on two highly technical points (there could not be an ejectment de pannagis', and the plantiff had not specified the exact number of acres in the leased meadow). Common sense and equity were certainly on the side of the plaintiff, Kelynge and Twysden. The failure to secure an effective ruling on these lines probably encouraged Sir Giles Sweit in April 1669 to give his unqualified dicta to the Archbishop, and justified Serjeant Pemberton to thump the table at the King's Bench in 1675 in maintaining that lands never demised cannot be demised' (Waker v. Wakeman-2 Levinz, 150).

C.-The Archbishop's Advocates

(Add. MS. c. 304a, f. 86).

This letter is given in full, because it gives new light on the contents of the caveat, and because it leaves not the slightest doubt that the summons to the advocates was no mere formality. It was sent to Miles Smith by Water Lloyd, the same gentleman who had drawn up the Latin summons on behalf of the Bishop.

Sir,

The Lessor and Lessee of Whitford haveing often press'd the Calling a Chapter to have the issue as to the Confirming their lease made, and haveing it under the hands of ablest Councell both Civill and Comon from London, that it is not legally to be refused them, I am ordered (as the Caveat reced from you in his Grace's name comaunds) to give you notice how on wednesday sevennight after Easter the 21st day of April a Chapter is to meett, when this busynesse is to be proposed, and

receive their resolution upon it, As therefore your Caveat enioyne's, you are desired the psons your Caveat name's, Sr William Turner and Sr Walter Walker, may have timely notice to obiect at the Chapter what they think necessary, why the lease should not there be confirm'd,

I am, Your most Humble servant,
WATER LLOYD.

March 18th 1668[-9].

RHAN II.

Anrhydeddus Gymdeithas y

Cymmrodorion.

CADWRAETH YR IAITH.

ANERCHIADAU DRADDODWYD YNG NGHYFARFODYDD ADRAN GYMMRODOROL YR EISTEDDFOD GENEDLAETHOL (1925) YM Mнwllheli.

TYMOR 1924-25.

SWYDDFA CYMDEITHAS Y CYMMRODORION,

64, CHANCERY LANE, LLUNDAIN,

« PredošláPokračovať »