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A29656 Some new cases of the years and time of King Hen. 8. Edw. 6. and Qu: Mary; written out of the great abridgement, composed by Sir Robert Brook, Knight, &c. There dispersed in the titles, but here collected under years. And now translated into English by John March of Grays-Inn, Barrister. All which said cases are hy [sic]the translator methodised, and reduced alphabetically under their proper heads and titles. With an exact table of the principall matter contained therein.; Graunde abridgement. Selections. French (Law French) Brooke, Robert, Sir, d. 1558.; March, John, 1612-1657.; Fitzherbert, Anthony, Sir, 1470-1538. 1651 (1651) Wing B4898; ESTC R213260 142,103 327

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〈◊〉 Office Time H. 8. B. Praeroga●●ive 119. Where the King shall have his age ●here not See Tit. Ag● T is said if an information be by a sub●ect for the King in the Exchequer and ●●e Defendant pleads a Bar and traver●s the information the King may tra●erse the matter of the Bar if he will ●nd is not bound to maintain the mat●er which is contained in the absque hoc ● E. 6. B. Praerogative 65. the end The Prerogative of the King is a ●reatise of the Common Law and not ●●tute nor Declaration by Parliament ●●d a Mine of Ore or Argent is to the ●wner of the soil Quaere Lecture B. ●raerog 134. Where the Incumbent is made a Bi●hop the King shall present by his Pre●ogative See Tit. Presentation Prescription Where prescription shall be gone by acceptance of a grant of the thing Se● Tit. Estopel T was said for Law that a custom● may be alledged where there is no person that can prescribe as inhabitants cannot prescribe but they may alledge a custom that the inhabitants may Common in D. for the one goes with the place and the other with the per●son which person ought to be able 〈◊〉 prescribe for otherwise t is worth nothing 2. M. 1. B. Prescription 100 the end Note by the Justices that if a mangran● prox presentationem to A. and aft●● before avoidance grants prox presentationem ejusdem Ecclesiae to B. the second grant is void for this was gran●●ed over by the Grantor before and 〈◊〉 shall not have the second presentatio● for the grant doth not import it 20. H 8. B. Presentation 52. A man grants prox presentationem and hath a wife and dies the Grant● shall have the first presentation the he the second and the wife for Dowre th● third 33. H. 8. B. Presentation 55. Note by B. That the Bishop of E●y said to him that he saw a presentation in the time of E. 3. made by the ●aid King That he presented to a Be●ifice pro illa vice which was of another patronage by these words ratione praerogative sue which Benefice voided by reason that the King had made the in●umbent of it a Bishop who was conse●rated so that when a Benefice becoms ●oid by making of an incumbent a Bishop the King shall present to all his ●ormer benefices pro illa vice whosoe●er is Patron of them 4. M. 1. B. Presentation 61. Priviledge Note when a Record is removed out of a Court of Record as London c. ●●to the Kings Bench or into Common ●ench there they shall not proceed up●n the Original which was in London ●ut in the Kings Bench the party may ●d himself by Bill of Midd. brought ●ere against the party upon his appear●nce and in the Common Bench to ●●ing an Original retornable the same ●ay 36. H. 8. B. priviledge 48. Procedendo If a man arrested in a Franchise sue● a Writ of Priviledge and removes the body and the cause and after come● not to prove his cause of Priviledge the Plaintiff in the Franchise may have 〈◊〉 Procedendo And therefore B. seem● that there the first sureties remain otherwise if it had been dismissed by allowance of the priviledge for then h●● Sureties are discharged Yet it seem● to him that when they remove the body and the cause they remove no sure●ties but then there is not any Recor● against them and then it seems tha● the priviledge being allowed the sure●ties are discharged Otherwise whe●● the priviledge is not allowed for the● the Prisoner and the cause was alwaie● remaining in the custodie of those of th● Franchise 31. H. 8. B. Procedendo 1●● Sureties 28. Proclamation Note that none can make Proclama●tion but by authority of the King 〈◊〉 Majors and the like who have priv●●ledge in Cities and Boroughs to do it or have used it by custom And Sir Edmund Knightly Executor to Sir William Spencer made Proclamation in ●ertain market Towns That the Creditors should come by a certain day and claim and prove their Debts c. due by the Testator and because that he did it without authority he was committed to the Fleet and put to a Fine 22. H. 8. B. Proclam 10. Prohibition T is agreed That if a man be sued in the Spiritual Court for Tythes of seasonable wood the partie grieved may make a suggestion in Chancerie or in the Kings Bench that he is sued in the Spiritual Court for Tythes of great Trees which pass the age of 20. years by the name of Sylva Cedua which is seasonable wood used to be cut where indeed t is great Trees and pray a Prohibition and have it And the same Law where a man is sued in curia Admiral ' for a thing done upon the sea where indeed t was done upon the land there upon a surmise that it was done upon the land he shall have a prohibition 31. H. 8. B. Prohibition 17. Property T was agreed by the Justices That if a Frenchman inhabit in England and after War is proclaimed betwixt England and France none may take his goods because that he was here before● but if a Frenchman comes here after the War proclaimed be it by his own good will or by Tempest or if he yeilds and renders himself or stands to his defence every one may arrest him and take his goods and by this he hath a propertie in them and the King shal● not have them and so t was put in ur● the same year betwixt the English and Scotch and the King himself bough● divers prisoners and goods the sam● year when Bullen was conquered of hi● proper subjects 36. H. 8 B. Propertie and proprietate probanda 38 the end Who shall have property in an estray● See Tit. Estray Quare Impedit BY Whorewood the Kings Attorney clearly If two joynt Tenants are the one presents sole and his Clerk in●cted the other is out of possession ● 5. H. 8. B. quare imped 52. the end Quare imped by Mark Ogle against ●arrison Clerk incumbent who was in ●y the presentation of the King and ●herefore the Writ was brought against ●im soly and pending the Writ of ●●are imped the Plaintiff dyed after the ● months past who had but prox pre●●tationem by grant his executors ●ought another quare imped by jour●es accounts intending to have saved ●e matter by the journies And 〈◊〉 the Justices of the Common Bench ●here the Plaintiff dies the Executors ●all not have a Writ by journies ac●●unts and B. seems that where the plaintiff dies none can have another writ by journies accounts But contra in some cases where the Defendant dies having the writ B. Journeies accounts 23 Quare imped 58. And note by B. where the Grantee de prox presentatione brings a Quare impedit as before and dies after the six moneths past pending the Writ and the Executors bring another Quare imped by Jornies accounts and take a General