13. H. 4. 17. B. If one makes a Feoffment in Fee rendring Rent upon condition to re-enter for non-payment and dies the Rent being arrear the Heir cannot demand the Rent or enter for non-payment because that the Rent is not due to him and as he cannot dispence with the Condition for acceptance of the Rent so cannot he enter for non-payment thereof And I argued this Case again on Fryday being the first day of Trinity Term 14. Jac. 31. Maii at which day Daston did also argue for the Defendant but the Court did not then give any direct Opinion but seemed to incline very much for the Plaintiff And Hil. 14. Jac. the case was argued by Chilborne Serjeant for the Plaintiff and Davenport for the Defendant at which time all did agree that the Lease continued But Davenp took exceptions to the replication For he said that the marriage of Jane with Rob. Hawkins is alledged to be 21. of No. 39. Eli. and the death of William Agborrow her first Husband the 20. of Febr. 39. Eliz which is after the marriage but that was held not materiall for it is said that William Agborrow died the twentieth of Febr. 39. Elizab. and that atferwards viz. the one and twentieth of Novemb. 39. Eliz. Jane did marry Thomas Hawkins so that the afterward is sufficient Trin. 37. Eliz. Rot. 206. Butler against Wallis In a Trespasse the Defendant justified by vertue of an Extent upon a Statute and did shew the Extent and that the 28. of Febr. a Liberate was awarded by vertue whereof the Sheriff the 27. of Octob. delivered the land to him c. yet adjudged sufficient for when he said Virtute brevis the mistake of the day afterward is not materiall And at last in the said Term of S. Hillary Judgment all the Court agreed that the Lease continued good against the Survivor and cannot be avoided by him and that the acception to the pleading was not materiall And thereupon Iudgment was given for the Plaintiff Rot. 668. Pasch 11. Jacob. Between Thomas Palmer Knight Plaintiff Richard Greenwill and Edward Greenwill Executors of John Greenwill Defendants IN an Action of Debt on a Bond of fifty pound entred into by the Testators the 20. of Novemb. 5. Jac. The Defendant demanded Oyer of the Bond and Condition which was that if the Testator his Heires Executors and Assignes did perform all the Covenants comprised in certain Indentures bearing date with the Obligation made between the Plaintiff on the one part and the Testator of the other part that the Obligation shall be void And the Defendant pleaded that the Plaintiff by the said Indenture did let to the Testator a House and the moyety of his land amounting to about thirty Rods of land in Pollicote to have c. from Michaelmas last past for seven years rendring twenty pounds Rent and shewed that the Testator did covenant by the same Indenture for him his Executors and Assignes with the Plaintiff his Heires and Assignes within two years after the beginning of the said Lease to deliver or cause to be delivered to the Plaintiff or his Assigns a Map or Plot made in distinct manner by men of skill as well of all the land in little Pollicot as was then in his occupation and in the occupation of Thomas Cocker and John Crooke parcell of the Demise of the Plaintiff in Pollicot aforesaid as of all the land in the occupation of the Testator by a lease of Lincoln Colledge in Pollicot aforesaid which are all the Covenants c. And pleaded that the Testator in his life time and the Defendants after his death had performed all the Covenants c. Replication The Plaintiff replied that the Testator within two years after the beginning of the Lease did not deliver or cause to be delivered to the Plaintiff or his Assignes a Map or Plot made in distinct manner by Surveyors and men of skill of all the land in little Pollicot aforesaid in his occupation and in the occupation of the said Thomas Cocker and John Crooke parcell of the aforesaid Demise of the Plaintiff in Pollicot aforesaid Secundum formam effectum Indenturae praedict Vpon which Replication the Defendants demurred in Law And I conceive Iudgment ought to be given for them against the Plaintiff First the Plaintiff replies that the Testator did not deliver the Plot and it may be that it was delivered by the Defendants who were his Executors which is a good performance of the Covenant and if so then the Plaintiff has no cause of action and where the matter is left doubtfull in the Replication it shall be taken most strongly by the Plaintiff who pleads it And in the Comment 104. a. Fulmerstone against Steward If a man be bound to pay twenty pounds about Christmas it is no plea for him to say he hath paid it but he must shew when or otherwise it shall be intended that he paid it after the Feast and before the Suit And so in a Dum fuit infra aetatem if the Tenant do plead a Release of the Demandant it is no plea without saying that he was of full age for the plea shall be taken most strong against himself and that is that it was made when he was within age and 3. H. 7. 2. If the Defendant in a Trespasse does plead a release it is not sufficient without shewing that it was made after the Trespasse for otherwise it shall be taken to be done before And 26. H. 8. Pleading 147. If in a Praecipe quod reddat the Tenant does plead Warranty collaterall of the Ancestor of the Demandant and he replies that he entred and so does avoid the Warranty it is not good without saying that he entred in the life of the Ancestor for otherwise it shâ—ll be intended that he entred after the descent of the Warranty and in Dyer 89. and 96. The Plaintiff in an Ejectment declared on a Lease for years to begin at Michaelmas after the death of Thomas Boydon and M. his Wife and set forth that they died and he entred and adjudged insufficient for it might be that he entred after this death and before Michaelmas and Dyer 28. H 8. 27. A Covenant that the Lessee and his Assigns shall pay all Rents pleading that the Lessee hath paid them is not sufficient because the Assignes are omitted In his Occupation are words uncertain sc whether they shall be referred to the Plaintiff who iâ— last named or to the Testator 7 H. 7. 7. Ed. 6. Dyer 84 a. In a Trespasse brought by the Husband and Wife for breaking their Close bona sua capt and pleaded of a Trespasse made to the Woman Dum sola fuit for which the Writ abated The Plaintiff ought to shew that â—ome land was in the possession of Kocker and Crooke for otherwise it is impossible that a Map should be made thereof 12. H. 7. 8. a. 6. H. 7. 6. a. If I am bound to
a Lease for four years the Lessee entred and the Lessor did grant the Land habendum from Midsomer next for life the Lesses after Midsomer did attorn and adjudged that the Grant was void and in Barkwicks Case 5 Rep. the reason thereof is given because that if the Grant should be good the Grantor should have a particular Estate scil during the first day of the date or in the mean time untill the Grant did begin to take effect without any Donor or Lessor which is against the Rules of Law And although this Grant of the Reversion be but for years yet is it all one for the diversity is between a Lease for years made Tenant in Fee or for life to commence in future and a grant of a Reversion for in the first Case it is but a future Charge upon the Land so that the Lessor hath his former Estate untill the Lease doth begin and the Lessee hath no Term but only interesse termin and therefore Hil. 38. Eliz in the Common Pleas between Row and White it was agreed that if the Lessor be disseised before the Lease begins the Lessee after the day of the Commencement may grant the term otherwise where a Lessee for yeares in possession is outed by an estranger for there his Term is turned into a Right but in the first Case he hath not any Term in esse and therefore it cannot be turned into a Right nor any wrong done thereunto And for direct Authorities in this Case 29 Eliz. in the Common Pleas the Countesse of Kents Case Where one having a Reversion in Fee does grant this Habendum after the death of I. S. for years and it was adjudged a void Grant And Trin. 39 Eliz. Johnson and Somerset in the Common Pleas Lessee for life grants the Reversion Habendum a die dat for ten years and adjudged a void Grant And in the Comment 155. by Brown If one having a Reversion does grant it habendum after a day to come for years this is a void Grant for if it may be granted from a day to come the Grantor shall have a particular Estate in the mean time by his own making which cannot be that one may be Lessor to himself or diminish his own Estate and there it is taken for a Rule that when there is a Rent in Esse or a Reversion c. a man cannot make this to be in esse for a time and to cease for another time or to grant it to another after the death of any or from a day to come relinquishing to himself an Estate in the mean time And in the Comment 197. b. Adams against Wortesbey agreed there that a Reversion cannot passe as a Reversion according to the common understanding thereof from a day to come But Haughton conceived that this Case being a bargain and sale whereby the use doth passe first this may well passe from a day to come Quod nullus dedixit Thirdly It is not averred that the twenty acres in which the Distresse was taken was not part of the Closes excepted so that it may be part of them and then no Distresse for the Rent can be taken there And although it may be gathered by some words in the Bar to the Avowry that the place where c. was parcell of the Land devised to Wiseman yet this shall not help the Conusans as in Cokes 7. Rep. fol. 24 25. where one having Land in Fee and another Land for years did grant a Rent for life out of both the Grantee distrained for the Rent and avowed that the Rent was granted out of the Lease land amongst other lands whereas he ought to have alledged the Rent to be granted out of the Land in Fee only and although the Plaintiff in his Bar to the Avowry hath shewed the truth of the Case yet this will not make the Avowry which wants substance to be good Judgment And all the Court did agree the Avowry to be naught for this exception Wherefore Iudgment was given for the Plaintiff in the Replevin Mich. 14 Jac. Webb and Jucks Case against Worfeild Rot. 266. IN a Writ of Error to reverse a Iudgment given in the Common Pleas for the now Defendant against the now Plaintiffs In which the Plaintiff did declare that the Defendants the fourteenth of Febr. 9 Jac. at Ponick in a place called Brancefords Court did take an Oxe from the Plaintiff ad damnum forty pounds The Defendants did acknowledge the taking of the said Oxe as Bayliffs to Elizabeth Ligon Widow for that the place where c. contained two acres of Land and that one Anne Ligon was seised in Fee of the Scite of the Mannor of Bransford and of seven Messuages three Gardens and a hundred and fifty acres of Land forty two of Meadow sixty six of Pasture five of Wood and seventy of Furzes and Heath in Ponick aforesaid Bransford Leigh Newland and Wick whereof the place where c. is parcell That the sixth of September the twenty fourth of H 8. Anne Ligon did devise this to John Parsons and Anne his Daughter for seventy years after the death of Elizabeth his wife if they or either of them shall so long live rendring five pounds four shillings eight pence Rent at the Annunciation Christmas Midsummer and Michaelmas That the eleventh of August 1554. Elizabeth Parsons died whereupon John and Anne Parsons entred And Ligon dies whereby the Reversion descended to Sir Rich. Ligon her Son and Heir and Sir Richard died wherby the same descended to William Ligon his Son and Heir who died also whereby the same descended to Richard Ligon his Son and Heir who died also and the same descended to Sir Richard Ligon his Son and heire who Hil. 33 Eliz. did levy a Fine Sur Conusans de droit come ceo c. to the use of himself for life the Remainder to the said Elizabeth Ligon then his Wife for life the Remainder to the Heirs of the body of Sir William the Remainder to the right Heires of Sir William 10 May 4. Jac. John Parsons died Pasch 6 Jac. Sir William Ligon and Elizabeth his wife did levy a Fine to the Plaintiff to the use of the Plaintiff for the life of Sir William the Remainder to the said Elizabeth for her life the Remainder to the Plaintiff in Fee Sir William dies whereby the Reversion does remain to Elizabeth his Wife And for seventy eight pounds six pence of the said Rent for three quarters of a year ending at Christmas 9 Jacob. they did acknowledge c. and they averred the lives of the said Elizabeth Ligon and the said Anne Parsons Bar. The Plaintiff said that the Fine levied by Sir William and Elizabeth his wife was to the use of the Plaintiff and his Heirs and justified the putting in of the said Oxe by the license of the said Anne Parsons Absque hoc that the said Fine was to the use of the Plaintiff for the life of
way Cum sepibus Januis and did not say praedict so that it might not be of the same Gates in the Declaration and that is there said to be a fault incurable And although we are not in the nature of a Plea in our case but of a speciall Verdict yet as I have shewed before that is all one where it wanteth matter of substance Thirdly the Confirmation is utterly defeated and avoided by the Remitter to Sir Richard Knightley and therefore the Fine cannot revive it 14. Assise 3. Tenant in Taile doth charge the Land and dies and the Issue does enfeoff a stranger he shall hold the Land discharged because the Land was once discharged by his Entry and so shall the Issue do that re-purchaseth the Land 19 Ed. 3. Resceit 112. Tenant in tail acknowledgeth a Statute and dies and the Issue enfeoffs a stranger against whom the Conusee sues out execution and adjudged there good but yet it was denyed in 11 H. 6. 26. b. by Paston and Comment 437. Smith and Stappletons case And Trin. 15 Jac. This Case was argued by Sir Tho. Coventry the Kings Solicitor for the Plaintiff by Sir Hen. Yelverton the Kings Attorney for the Defendant And Hil. 15. Jac. by Serjeant Chidborn for the Plaintiff and by Serjeant Harvy for the Defendant And Pasch 16. Jac. without any argument by the Iudges agreed for the Plaintiff and thereupon Iudgment Judgment was given that the Plaintiff should recover Mich. 14 Jac. Ashfeild against Wrendford IN a Writ of Error to reverse a Judgment given in the Common Pleas for the now Defendant against the Plaintiff in an Action of Debt upon a Bond of two hundred Marks made the first of October 9 Jac. In which the now Plaintiff then Defendant did plead that Gregory Havard was possessed of five Cowes thirteen Sheep and of certain Hay Wheat Rye Pease Barley Oates and Fetches not Threshed And some speech being had between the said Gregory and one John Ashfeild for the buying thereof whereupon the said Gregory did affirm the same to be twenty Loads of Hay thirty of Wheat a hundred of Rye c. whereupon before the making of the Bond viz. the last of September the 9 Jacob. It was agreed between the said Gregory and the said John that the said John should pay for the said goods seventy five pounds and that a Bond should be made in which should be contained that the said now Plaintiff with the said John Sturet were bound to Cuidam Edward Wrensford in two hundred Marks upon condition for the payment of the said seventy five pounds which writing was to be delivered to the said Gregory as a Schedule to be kept upon condition that the said Gregory before the said day of payment should go to the house of the said John in Pixley to account with him for the said Goods and if thereupon any of the said Goods should be wanting if the said Gregory shall be content to make the same up that then the Writing should be delivered to the said Edmund otherwise it should remain as a Schedule whereupon the said Writing mentioned in the Declaration was made and sealed and delivered to the said Gregory upon condition aforesaid And after the measuring of the Hay there wanted eight Loads c. and the said Gregory did not come to the House of the said John c. And so pleaded it was not his Deed. And found for the Defendant c. And I conceive that Judgment ought to be reversed For Cuidam Edward Wrensford cannot be intended the Plaintiff in the first Action but a stranger of that name as in Dyer 5 Ed. 6. Case of Isham and Wither And then the aforesaid Edward to whom the Obligation is made and who joyned Issue and appeared at the tryall and at the return of the Postea and for whom Judgment was given ought to be referred to Cuidam Edward Wrensford whereof mention is last made in the Plea and not to the Plaintiff in the Action and so Issue is joyned by a stranger and Judgment given for him and not for the Plaintiff Judgment confirm'd But all the Court held that the Issue shall be intended to be joyned by the Plaintiff himself and upon the Bond whereon the Declaration is made wherefore Judgment was affirmed c. Hil. 14 Jac. Newsham against Carew Knight In the Exchequer IN an Ejectment the Case was this A Bishop makes a Lease of a Rectory to I.S. for 21. years and dies the Successor before the Statute 1 Eliz makes a Lease of this to I. N. habend from the 20. Decemb. 1. Eliz. being the day of the date for 56. years from thence next ensuing the end of the Lease to I S. and dies and the 56. years are expired from the 20. of Decemb. 1 Eliz. And if this second Lease be ended or not is the Question And I conceive that the Lease shall begin from the 20 of December and so it is ended before the Lease made to I. S. For the argument of which case the true sence and meaning of this ill pen'd Habendum is to be considered for thereupon all the difficulty of this case doth depend and as to that I conceive there are but four ways to expound this Habendum and if it be taken in any of these constructions this Lease shall begin by computation from the 20 of December 1 Elizab. and so shall end the 20 of December 12 Jacob. which is before the Lease made to the Lessor of the Plaintiff And the first way is to observe the first part of the Habendum scil from the 20 day of December then next following to be onely material and good and the last part being repugnant thereto is voyd The second way is to take the first words of the limitation of the begining of the Estate to be voyd and the last words scil next following the determination and end of the term of I. S. c. to be good The third way is to construe as well the first as the last words of the Commencement to be voyd by reason of the direct repugnancy in them And the fourth and last construction is to make such construction as all these words by a reasonable exposition may agree together And according to any three of these constructions viz. the first the third or the fourth it is apparent that the Lease to I. N. under whom the Defendant claims did end the 20 of December 12 Jacob. which was before the entry of Anthony Rudd the last Bishop and the Lease made to the Lessor of the Plaintiff and then this Lease is good and therefore my endeavor is to prove that this Habendum ought to be taken in any of these three ways viz. the first third or fourth and to disprove that it cannot be taken in the second way For the argument whereof I shall speak to the first and second together for that that I will speak of the first will be a manifest
portion not payd then if the Defendant shall pay to the said Susan the said 400 l. within six weeks after the said first of May to such person to whom the said Elizabeth by the said Will ought to pay the same and shall procure good and sufficient discharge to the said Elizabeth of the said sum of and from all persons to whom the same shall be due that then all the said Obligations shall be voyd and delivered up to the Defendant cancelled and made voyd And the said Elizabeth did covenant that until manifest default was made in the premisses and the said Elizabeth shall be thereof damnified and upon reasonable request no satisfaction shall be given to her she will not take any advantage by reason of the said Obligation nor will prosecute any Suit against the Defendant or any other bound in the said Obligation And the Defendants said that the Plaintiffs nor any of them was not damnified by reason of the said Obligation in the Declaration or by reason of any of the said other Obligations and did aver the said Obligation in the Declaration and the said Obligation of 120 l. in the Indenture to be all one and that the said several days of payment limited by the Indenture nor any of them at the time of the Writ purchased were incurred Vpon which Plea the Plaintiffs demurred and the Defendant did joyn And I conceive that Iudgment ought to be given for the Plaintiffs for the Plea is utterly insufficient for divers causes And yet I do agree that although the Obligation be upon a condition yet is the Indenture a Defeasance thereof so that it is sufficient to the Defendant to perform the one or the other But the Indenture is of two parts 1. That if the Defendant shall pay to Elizabeth the daughter 500 l. and shall perform the other things mentioned in the Plea that all the Obligations shall be voyd and delivered up 2. The Plaintiff Elizabeth did covenant that until the Defendant should make default in the premisses and she should be damnified and upon request no satisfaction given to her she should not take any advantage of the Obligation nor shall prosecute any Suit against the Defendant or any other bound in the said Obligation And as to the first part I do agree that this is a good defeasance of the Obligation but the last clause is onely a Covenant and cannot be pleaded in bar of this Action brought upon this Obligation as in the 21 H. 7. 30. John de Pusetoes Case The said John and others were bound to T. who by Deed did grant to the said John that he should be quite discharged of the duty and if he be vexed or sued that the Bond shall be voyd which Case is there very largely argued but I conceive the better Opinion to be that the Bond is discharged because that the words are in effect as the words in the first part of this Indenture scil That if such act be made the Obligation shall be voyd But there Fineux said That if I grant to my Tenant for life that he shall not be impeachable for waste he shall not plead this in Bar but shall have an Action of Covenant thereupon And Brudnell put this case That if I grant to one against whom I have cause of Action that I will not sue him within a year this is not any suspension of the Action Vpon which case it is to be observed that I may sue and the other is put to his Action of Covenant And the Plea is first insufficient because he pleads that the Plaintiffs nor any of them were damnified by reason of the Bond in the Declaration or by reason of any of the aforesaid Writings obligatory in the said Indenture specified but he does not answer to the damnification by reason of the 500 l. to be payd to Elizabeth the daughter which is the principal matter to be done by the Defendant for the defeasance and in truth this Portion was due and not payd before this Suit begun The Defendant did aver that the several days of payment limited by the Indenture are not incurred and there is not any day limited for the payment of 500 l. and the truth was that it is payable at the time of the marriage of Elizabeth the daughter but this is not limited by the Indenture nor any time for the payment thereof and therefore this a verment is not good The Indenture of the Defeasance is if the Defendant shall pay the 500 l. or procure to the Plaintiff Elizabeth sufficent discharge for the same and shall provide fit maintenance for Elizabeth the daughter Whereupon I conceive that the Defendant ought to pay 500 l. and provide maintenance for the daughter or otherwise that he should procure a discharge from the Plaintiff Elizabeth and shall also provide maintenance for the daughter for her maintenance is as necessary if the mony be payd as it will be if the discharge be procured And the Defendant hath made no answer to the providing of maintenance Judgment And Michaelm 15 Jacob. Iudgment by all the Court was given for the Plaintiff Rot. 590. Trinit 16 Jacob. Margaret Evans against Wilkins IN an Action on the Case for that the Plaintiff the 12 September 15 Jacob. did retain the Defendant to be her Shepherd c. and that the Defendant in consideration of 6 d. to him payd by the Plaintiff and of 33 s. 4 d. of his Sallery to be payd to him for a year and in consideration that the Plaintiff did assume to pay the 33 s. 4 d. to the Defendant and to finde him meat drink and lodging for the said year and to permit the Defendant to have Pasture for twelve Sheep with the Sheep of the Plaintiff Did assume to serve the Plaintiff as a Shepherd for one year from Michaelmas next c. and to keep her Sheep To which the Plaintiff giving credit did not retain any other Shepherd and the Plaintiff did aver that she was ready to pay the Defendant the said 33 s. 4 d. and to provide him meat c. and to permit him to have Pasture for twelve Sheep with the Sheep of the Plaintiff yet the Defendant did not feed the Sheep of the Plaintiff although required the 4 Octob. 15 Jacob. whereby many of her Sheep dyed ad damnum 40 l. The Defendant pleaded the Statute of the 5 Elizab. whereby it is enacted That the Justices of Peace of every County or the greater part of them then resident in the County and also the Sheriff if it may be and every Major Bayly or other chief Officer of any City or Town Corporate in which there shall be any Justice of Peace within the limits of the said Town before the tenth of Iune next coming and afterwards shall yearly at every general Sessions first held and to be kept after Easter or any convenient time after Easter shall meet together and after such meeting shall call
difference in such case between a Lease for years ib. Entry and Claim Where the heire shall not enter for Rent reserved by the Ancestor 45 Error In Dower for not demanding in certain 56 Where the writ is suspended by making a Lease for the term 57 What Certificate ought to be of a writ of errour and the mannor of it ib. What persons shall have a Writ of error 71 72 Execution Where upon a Capias pro Fine or ad satisfaciendum the Defendant shall be said to be presently in execution without prayer of the party and where not 7 Executors Administrators and Assignes Vid. Devises Who shall be adjudged an Assignee in Law to take a Lease 40 Executor of Executor is the Assignee in Law of the first Testator to take a Lease ib. Felony IN a false imprisonment for felony the Defendant who justifies must shew some matter in fact to induce his suspition 62 What shall be a good suspition to apprehend one for felony 62 Forests Woods and Parks Definition of a Forest and what makes a Forest 26 Subject can have no Forest ibid. Prescription to have a Park in a Forest how good ibid. Park in a Forest not sufficiently inclosed how forfeited 27 New fees to a Keeper of a Park not good against the Successor 31 32 Fraud Covin Vsurious Contracts Fraud Covin or usurious Contracts although proved yet must be found to be so by the Jury or else not good 112 Habendum WHere void for contradiction of former words of grant 101 Infant WHat persons shall take advantage of Infancy to avoid the estate made by an Infant 44 Feoffment by Infant none shall avoid it but himself and his heirs 44 45 Appearance for an Infant by Attorney not good 73 How he shall sue and how defend and who shall be his Guardian 74 By whom he shall appear 75 What things are voidable made by him and who shall avoid them ibid. Joyntenants and tenants in Common What Act shall binde the surviving Joyntenant and what not 43 Rent Charge on condition preceding the estate shall not bind the survivor ibid. What Rent the surviving Joynt-tenant shall have Vid. Rents Where the entry of one is the entry of both 129 Where the Assignment of Dower by a Joynture to his wife shall binde his companion 130 Issue joyning Where the Issue shal not be joyned because the Counties cannot joyn 62 Where the Issue is of matter of Record or of matters done in two Counties the issue shall be upon one only 63 Jury Jury not guilty of Conspiracy for finding any person guilty of felony because they be upon their oaths 131 Leases WHat agreement makes a lease for years without the word Demise and grant 13 Lease for years no time to begin begins presently 21 The Stat. 1 Eliz. concerning Leases made by Bishops expounded 29 30 License Vid. Authority Limitation Vid. Condition Master and Servant WHat things a Master shall answer for his servant 128 Obligations BOnd for payment of money and no day of payment no damages without demand 20 Occupant WHat things shall go to an occupant and what not 94 How the occupant shall plead ibid. Park Vid. Forest Parson and Patron Vid. Ecclesiastical persons Payment satisfaction and demand BOnd for payment of money and no day appointed no damages without demand 20 Vid. Obligation Where generall averment of payment and satisfaction shall be good 81 Release of all demands how far and the large extent of it 124 Pleading Where a Declaration in an Action on the case ought to be particular and where general 5 Matter doubtfully pleaded most strong against him that pleads it 46 Release pleaded in Dum fuit infra aetatem Vid. Releases To what time the word Existence shall be applied 68 Non tenure where the tenant may plead it and where not 73 Prescription and limitation Prescription to kill and hunt Conies for preservation of Common not good 11 Where unreasonable and void 11 12 Of a Common in a Forest not good 26 Of profit or Common in land excluding the owner not good ib. For a Park in a Forest Vid. Forest Releases and Revocations AUthority to revoke how strictly to be observed 21 Stat. 27. Eliz. concerning Revocations explained 22 Pleading of a Release by the Defendant in a Dum fuit infra aetatem 46 Release in Trespass not good without shewing it was before the trespass ibid. Where the first clause in the Release shall make the Release good although a subsequent sentence make it but conditional 102 Of all Demands the best Release and what is thereby released 124 Rents Where the wives acceptance of the Rent makes the Lease made by the Husband to be good 43 Surviving joyntenant shall not have the Rent reserved on a Lease made by his Companion 44 Where the Devisee of a Rent shall lose the Rent by becomming Executor 54 Reversion Grant of a Reversion at a day to come void and why 109 Statute Merchant and of the Staple FOrm of the Statute Merchant 17 The scope and signification of the Statute Merchant and why made with explanation thereof and the way of proceeding therein 19 20 No day of payment exprest good presently 20 Release to Conusor of a Statute of all right in the Land no bar 124 Statutes 27. Eliz. Concerning Revocations 22 5. Ed. 6. For Ingrossing 6 11. Hen. 7. 20. Concerning Estates Tail expounded 28 1. Eliz. Concerning Leases made by Bishops expounded 29 â—0 31. 32 H. 8. Concerning dissolutions of Religious houses explained 32 33 39. Eliz. 2. For conversion of Tillage expounded 89 5. 39. Eliz. For rating Servants wages 119 23. 28. Eliz. Concerning Recusants expounded 122 The Statute 11. H. 7. 20 expounded 28 Taile WHere the heir in Tail shall be bound by a Lease made by his Father and where not 27 28 65 Where the heir of tenant in Tail shall be remitted and where not 103 Tenant in Common Vid. Joyntenant Tenant at will Makes a Lease and the Lessee enters the Lessee is only Disseisor otherwise of a Feofment 14 Testator Vid. Devises Trespasse Where a man for the publick good may justifie a Trespasse 11 Trust and Confidence An excellent President of a Decree in Chancery declaring where one Trustee shall be answerable for the other and where not 35 36 37 Two Trustees and one assigneth over the Assignor shall be answerable 38 Tythes Any man may hold land discharged of Tythes 33 Lease by a Parson of his Gleab he shal have his Tythes notwithstanding ibid. Vsurious Contracts Vid. Fraud Warranty COllaterall Warranty binds the right but only till the Warranty be defeated 77 Waste Grant to the Tenant that he shall not be impeachable of Waste he shall not plead this in Bar but only have an Action of Covenant thereupon 117 Wills Vid. Devises Woods Vid. Forests FINIS