claims not by the Lessor 1. E 6. B. Acceptance 19. Bishop Leases Land of his Bishoprick for years rendering Rent and dies the Successour accepts the Rent this shall binde him for the Bishop hath a Fee-simple and may have a Writ of Entry Sine assensu capituli otherwise in case of a Parson or Prebend who can have but a Juris utrum 2. E. 6. B. Acceptance 20. If a man be bound in an obligation to pay ten pound to the Obligee at Paris beyond Sea at a certain day if the Obligor pay at another place and the same day in England and the other accepts it t is good clearly 38. H. 8. B. Conditions 206. Acceptance of Rent by the Lord from the disseisor of the Tenant shall not bar him of his escheat otherwise if he had avowed for it in Court of Record c. See Tit. Escheat Action popular Note By the Statute the party which sues an Action Popular ought to sue it within the year after the offence done and not after and this as well of offences done against the Statute then made as against Statutes after to be made so see that it goes to a Statute after made B. Action Popular 6. Action upon the Case If I have a Mill in B. and another makes another Mill there by which I lose my Toll by going of divers to it yet no Action lies otherwise if the Mill disturb the water from coming to my Mill there I shall have an Action upon my Case 24. H. 8. B. Action upon the Case 42. the end In an Action upon the Case where the Plaintiff delivers goods to the Defendant and the Defendant for ten shillings promises to keep them safe and does not to the dammage c. And by Fitzherbert and Shelly Justices Non habuit ex deliberac ' is a good Plea 26. H. 8. B. Action upon the Case 103. Note in an Action upon the Case betwixt Awsten Plaintiff and Thomas Lewis Defendant for calling him false and perjured he justifies because that the Plaintiff was perjured in the Star-chamber in such a matter c. and a good Plea by the Court. 28. H. 8. B. Action upon the Case 3. more of this in the next Action upon the Case for calling the Plaintiff false perjured man the Defendant justifies that such a day and year in the Starchamber the Plaintiff was perjured and pleaded certain in what c. for which he called him false perjured man as afore as t was lawful for him and a good Plea by the Court in the Common Bench. Wherefore the Plaintiff said of his own wrong without that he swore in manner and form c. 30. H. 8. B. Action upon the Case 104. If a man bring debt of 10. l. the Defendant wages his Law and after the Plaintiff brings an Action upon the Case against the same Defendant that he promised to pay the 10. l. c. The Defendant may plead that for the same summ the Plaintiff brought before an Action of Debt in which the Defendant waged his Law Judgement if Action And a good Plea for he was once barred of the same summ And in Action upon the Case that the Defendant promised to pay 10. l. to the Plaintiff which he ought to him for a Horse and a Cow the Defendant may say That he promised to pay 10. l. to the Plaintiff which he did owâ— to him for a horse which he bought of him which summ he hath paid to the Plaintiff without that that he promised to pay 10. l. which he did owâ— to the Plaintiff for one Horse and one Cow as c. Or without that that he did owâ— to the Plaintiff 10. l. for a Horse and a Cow as c. 33. H. 8. B. Action upon the Case 105. Action upon the Case for that the Defendant found the Goods of the Plaintiff and delivered them to persons unknown there that he did not deliver them in manner and form is no plea without saying not guilty where the thing rests in doing And if the Action were That whereas the Plaintiff was possessed c. as of his proper goods and the Defendant found them and converted them to his proper use t is no Plea that the Plaintiff was not possessed as of his proper Goods but he shall say not guilty to the misdemeanour and shall give in evidence that they were not the goods of the Plaintiff and yet t is true not guilty against him 33. H. 8. B. Action upon the Case 109. In an Action upon the Case that the Goods of the Plaintiff came to the hands of the Defendant and he wasted them the Defendant saies that they came not to his hands c. and a good Plea and gives in evidence that they were not the proper goods of the Plaintiff 34. H. 8. B. Action upon the Case 103. the end Action upon the Case was brought in London by A. B. that whereas he was possessed of certain wine and other stuff and shews in certain in such a ship to the value c. and doth not shew the place certain where he was thereof possessed and yet good And alledged that the Defendant such a day year and place in London promised for 10. l. That if the said ship and Goods did not come safe to London and put upon the Land that then he would satisfie to the Plaintiff 100. l. and that after the ship was robbed upon the Trade on the Sea for which he brought the action for not satisfying and the truth was that the bargain was made beyond sea and not in London But in an action upon the Case upon an Assumpsit and the like which is not local the place is not material no more then in debt for he alledged that the said goods in the parish of S. Dunstons in the East London before they were set to land or c. were carried away by persons unknown c. and the action lies well in London though they were perished upon the high sea 34. H. 8. B. Action upon the Case 107. 'T was agreed That an Action upon the Case doth not lie against the Executors upon the Assumpsit of the Testator though they have assets 37. H. 8. B. Action upon the Case 4. the end In an Action upon the Case for a thing which lies in Feasans as for burning of Goods or Deeds and the like not guilty is a good plea contrary for non Feasons of a thing which he ought to do as to make or repair a Bridge House Park Pale scouring a Ditch and the like and doth it not there not guilty is no plea. 2. E. 6. B. Action upon the Case III. Action upon the Case for calling the Plaintiff false Justice of Peace vel his similia these words his similia were ordered to be struck out of the book by the Court for the incertainty 4. E. 6. B. Action upon the case 112. Action upon
the arrearages for they are reall and parcell of the rent or annuity But if the Judgment be of arrearages and dammages there he shall have his age B. age 50. And where he recovers in a Writ of annuity or assise as before Or hath avowed for a Rent which is Freehold and recovers the arrearages without costs and damages he shall not have an action of Debt of that but a Scire facias for t is real But where he hath Judgement of it with costs and dammages which go together so that that t is mixt with the personality then lies a Writ of Debt against the Heir of the arrearages and dammages and this B. thinks in default of Execution per curiam 23. H. 8. B. Debt 212. age 50. Note That of the Land of the Duchy of Lancaster and other Lands which the King hath as Duke or the like his age is material and he may have his age as another common person may for he hath them as Duke not as King B. Age 52. 78. As if the King alien Land parcel of his Dutchy of Lancaster within age there he may avoid it for Non-age for the reason aforesaid otherwise of Land which he hath as King for the King cannot be disabled by Non-age as a common person shall B. Prerogative 132. Yet by the Statute of 1. E. 4. which is a private act not printed but inrolled in the Dutchy Chamber by which King H. 6. was attainted of Treason and that all the Lands of the said Dutchy should be forfeited and should be a Dutchy separated and incorporated c. t is annexed to the Crown but by another private act 1. H. 7. t is disannexed and made as in the time of H. 4. 1. E. 6. B. Age. 52. Note t was in a manner granted by all the Justices in the Common Bench That if a Parson Prebend or the like be within age of 21 years and makes a Lease of his Benefice within age that yet this shall binde him for where he is admitted by the Law of holy Church to take it within age so the Common Law inables him to Demise his Benefice within age 4. Mar. 1. B. Age. 80. Alienations If the Tenant of the King alien in Fee without licence and die his Heir within age the King shall not have the Ward because that nothing is discended to him and that the Alienation is good save the Trespass to the King which is but a Fine by Seiser B. Alienations 29. Gard 85. But otherwise if the Alienor were Tenant in Tail and if the Alienation without licence be found by office the King shall have the Issues of the Land from the time of the Inquisition taken and not before B. Alienations 26. in medio But where the Tenant dies and his Heir enters upon an office found for the King of the dying seised of the Ancestor there the heir shall answer the profits taken by him before 26. H. 8. B. Intrusion 18. the end T is said for Law That a fine for alienation is one years value of the land aliened and the same Law of a Fine for intrusion upon the King But the Fine to have licence to alien is but the third part of the yearly value of the land which shall be aliened and for licence to alien in Mortmain the Fine is the value of the Land for three years 31. H. 8. B. Alienations 29. the end If a man obtain licence to alien the Mannor of D. and all his Lands Tenements in D. he cannot alien by Fine for the Fine shall be certain so many acres of Land so many of Meddow so many of Pasture and the like and the alienation ought not to vary from the Licence Yet by B. t is otherwise used with an averment that all is one 32. H. 8. B. Alienations 30. Note if there be two Joynt-tenants who hold of the King in Capite and one releases to the other all his right this is no alienetion nor doth he need Licence or pardon of it for he to whom the Release is made is in by the first feoffor and not by him that Released nor shall he Fine for such release and so t is used in the Chequer that t is no alienation But if three Joynt tenants are and the one Releases to one of the others there he is in of it by him that releases Contra if he had released to all his compagnions and where a man Releases by Fine to the Tenant of the King this is no alienation Otherwise of a Fine Sur Conusans de droit Com ceo c. for this is an estate made by Conclusion 37. H. 8. B. Alienations 31. Tenant of the King in Capite cannot alien for term of life without Licence for it alters the Freehold Time H. 8. B. alienations 22. the end Note That for Burgage Tenure of the King a man may alien without licence well enough 6. E. 6. B. Alienations 36. Note That a Devise by Testament was taken to be an alienation 3. Mar. 1. B. alienations 37. Alien See Tit. Denizen Note by the whole Court in the Kings Bench an alien may bring an action personal and shall be answered without being disabled because he is an alien born otherwise in an action real and the same B. seems in an action mixt and he may have a property and buy and sell. 38. H. 8. B. Denizen 10. Nonability 40. T was said in the Kings Bench That to say that the Plaintiff is an alien born Judgement if he shall be answered is no plea in an action personal otherwise in an action real Yet this hath been in question after this time in the same Court and t was said that an alien born is no plea in Trespass if he doth not say further That the Plaintiff is of allegiance of one such a one enemy to the King for t is no plea in an action personal against an alien that he is of the allegiance of such a Prince which is of amity with the King 1. E. 6. B. Nonability 62. If an alien born purchase the King shall have it but the purchase ought to be found by office and so t was in the case of Alien King and B. seems that an information in the Chequer will not serve in this case Time E. 6. B. Denizen 17. the end T was said in Parliament That if an alien born obtain a Lease for years that the King shall have it for he cannot have Land in this Realm of no estate 4. Mar. 1. B. Denizen 22. Amendment By Fitzherbert and the Court where a Writ of Error was sued to remove a Record out of the Common Bench into the Kings Bench betwixt an Abbot and I. N. the Warrant of Attorney varied in the Roll in the name of the Abbot and t was amended after Judgement and if they had not amended it they said that those of the
â—â—â—nviction without abjuration Otherâ—â—e if he will abjure for then he shall 〈◊〉 be burnt the first time but upon reâ—â—se he shall be burnt 2. M. 1. B. â—eresie Homage See Tit. Fealty Ideot BRent of the County of Sâ—â—merset who was presenâ—â—ed for an Ideot couâ—â— write Letters and Acquiâ—tances and the like anâ— therefore was adjudgeâ— an Unthrift but no Ideot Time E. Ideot 4. the end Imprisonment 'T was determined in Parliament thâ— Imprisonment almost in all cases is but retain the offender till he hath made Fine and therefore if he offers his Fiâ—â— he ought to be delivered presently 〈◊〉 the King cannot retain him in prison afâ—â—â— the Fine tendered 2 M. 1. B. Impâ—â—sonment 100 the end Incident Court-Baron is incident to a Manâ—â— and Court of Pipowders to a Fayr aâ— 't was sed arguendo that therefore Lord of the Mannor or Fayr cannot grâ—â— over the Court-Baron nor the Court Pipowders or if they grant the Mâ—â— â—â—or with the Fayr they cannot reserve â—â—ch Courts for they are incident c. 9 H. 8. B. Incidents 34. 'T was said that if a Seigniory rests in â—omage Fealty and Rent and a man â—â—covers the Rent by this is the Homage â—â—covered for a Precipe lies not of it â—ime H. 8. B. Incidents 24. the â—â—id Indictments An Indictment of Death ought to comâ—rehend the day of the stroke and day of 〈◊〉 death and the same Law of Poyâ—ning so that it may be known if he â—â—ed of the same stroke or not 24 H. 8. â— Indictments 41. By Fitz Just. a Justice of Record may 〈◊〉 indicted of taking of money and other â—â—ch falsity but not of that which goes in â—â—lsifying or defeating of the Record as 〈◊〉 say that he altered the Record from â—respass into Felony and the like which â—â—lsifies the Record Casus B. Indictâ—ent 50. the end Intrusion Tenant in Tayl of Lands holden of 〈◊〉 King aliens without license which found by Office the King shall have 〈◊〉 Issues of the Land à tempore inquisitiâ—â—nis capt and not before B. Alienatâ—ons 26. in medio But where the tâ—â—nant dies and hisâ— heir enters upon Offâ—â—â— found for the King of the dying seised the ancestor there the heir shall answâ—â— the profits taken by him before 26 H. B. Intrusion 18. the end Note where 't is found by Office thâ— I. N. tenant of the King was seized aâ— died seized and that W. his heir intrudeâ— and after by Act of Parliament the Kiâ—â— pardons all Intrusions in this case the eâ—try and the offence is pardoned but not 〈◊〉 issues and profits for the escheat or shâ—â— be charged of this by way of accouâ—â— whether he hath received them or not 〈◊〉 when the office is of Record he ought receive them except where 't is found the Office that such a man took the proâ—â— thereof But where the King pardoâ— where no Office is found the heir is â—â—â—charged as well of the issues and profâ—â— and also of Livery as of Intrusion by râ—â—son of the pardon for by this is pâ—â—doned And there though the Office comes after which findes the intrusion of the heir yet all is gone by the Pardon and this shall serve because all was pardoned before to which the King was intitled of Record 33 H. 8. B. Charters de pardon 71. Intrusion 21. Issues returns 22. Office shall have relation to the death of the ancestor as to Land descended to the heir of the Kings tenant and as to intrusion B. Relation 18. the end Otherwise as to alienation made by the Kings tenant without License this shall not relate before the finding of it B. Relation 18. Intrusion 19. And such entry by purchase is not called Intrusion but a Trespass and so are the words of the pardon thereof quod pardonamus transgression ' praedict c. 33. H. 8. B. Intrusion 19. Joyntenants If a Lease be made to three of Land at Common Law for term of life or for yeers habendum successivè yet this is a â—oynt estate and they shall hold in Joynture and successivè is void But where the custom of Copie-holds is that this word successive shall hold place this is good there by the custom 30 H. 8. B. Joyntenants 53. Leases 54. If a man infâ—offs two upon condition that they shall infeoff W. N. before Michael ' and the one dies the other sole makes the Feoffment this is good The same Law if two lease Land rendring rent and that if it bearrear by two months and lawfully demanded by the said Lessors that they may re-enter the one dies and the other that survives demands it and 't is not paid he may re-enter And the same Law if the Lease were made to two with words that if it be arrear and demanded of them two c. and the one dies and the Lessor demanded it of the other that survived and he doth not pay this is a good demand and the Lessor may re-enter 33 H. 8. B. Joyntenants 62. Journeys accounts Grantee of a next presentation brings a Q. impedit and dies after the six months past and his Executors bring another Q. impedit by Journeys accounts and by the Justices it will not lie See Tit. Q. impedit Judgement A man recovers by default against an â—â—fants and the Infant brings a Writ of â—â—rour and reverses it for his non-age â—therwise if he had appeared and lost 〈◊〉 plea or by voucher he shall not reâ—â—rse it for non-age B. 6 H. 8. Saver de fault 50. If I have Title by Formedon or cui vita and enter and the other recovers â—gainst me I am remitted to my first actiâ—â— But if a man recovers against me by â—â—lse Title by Action tried where I was by good Title I shall then have Error 〈◊〉 Attaint or a Writ of Right 23 H. 8. â— Judgement 111. Assise in Com. B. the tenant pleads in â—â—ar a recovery by Assise by him against 〈◊〉 Plaintiff of the same Tenements in â—om O. and this now Plaintiff then â—â—nant pleaded in Bar by release of the â—ncestor of the Plaintiff with Warranâ—â— which was void by non-age and â—his found for the Plaintiff by which he â—ecovered against this Plaintiff judgement si where he accepts the Land to be in the Country of O. now he shall be received to say that it lies in the County 〈◊〉 B. And 't was said in the Common Benchâ— that though this Land were then put 〈◊〉 vJew the Plaintiff shall not be bound 〈◊〉 the recovery for it cannot be intended one and the same Land 25 H. 8. â— Judgement 62. Assize of Land in N. the Defendanâ—â— said that once before he brought an assizâ— of the same Land in H. against the samâ— Plaintiff and these Lands put in vJew and this now Plaintiff then took the â—â—nancie and pleaded in Bar and said thâ— H. and N. are one and the same Ville an known by the one name and the
other and that A. brought a Formedon of thâ—â— tenements and pleaded certain c. anâ— recovered by Action tried and the estaâ—â— of the Plaintiff mean betwixt the title 〈◊〉 and his recovery judgemeâ—â— si of such an estate assize c. to whâ—â— the other said that every of the said 〈◊〉 and N. were Villes by themselves and 〈◊〉 at issue and 't was found that they weâ—â— several Villes and the seisin and disseisâ—â— by which 't was awarded that this tenaâ—â— then Plaintiff should recover And because that he hath recovered these sainâ— Lands against the Plaintiff himself in H. judgement si assise And Shelly Just. held strongly that this recovery of Land in H. is no plea in an assise of Land in N. and therefore the assise ought to be awarded and so it seems to B. 25 H. 8. B. Judgement 66. If A. infeoffs B. upon condition c. to re-enter there if a man impleads B. who vouches A. and so recovers or if A. re-enters upon B. without cause and â—s impleaded and loses there in the one case and the other the condition is determined for the Land is recovered against him who made the condition 26 H. 8. B. Judgement 136. Note by Bromley chief Just. that a Judgement where there is no original is void as in an assise the Plaintiff appears and after makes a retraxit and after the Justices of Assize record an agreement betwixt them in nature of a Fine this is void and coram non Judice and shall not be executed by reason that no Original was pending but was determined before by the retraxit For without Original they have not Commission to hold Plea and then they are not Judges of this cause 2 M. 1. B. Judgement 114. Issues joyns Issues joyned Trespass upon the case quod def assumpsit deliberat quer 4 pannos laneos and he pleads quod assumpsit liberare 4 pannos lineos without that qd assumpsit modo forma and so at issue And 't is found that he assumed to deliver 2 pannos laneos sed non 4 so see that this issue though that it comes in a traverse doth not amount but to the general issue the Pl. recovered dammages for the 2 and was barred and amercied for the rest But otherwise 't is if the issue be If A. and B. infeoffed the tenant in a Precipe quod reddat necne and 't is found that A. infeoffed him but that A. and B. did not infeoff him this is found against the tenant in toto or against him who pleads such Feoffment which is so found 32. H. 8. B. Issues joyns 80 Verdict 90. Informed in the Excheq against A. B. for buying Wools betwixt shearing time and the Assumption such a year of C. D. contra forma Statuti where 't is not cloth nor he did not make thereof cloth nor yarn He sees that he did not buy of C. D. contra formam Statut. propt c. And no issue for 't is not material nor traversable whether he bought of C. D. or of E. F. or of another but whether he bought them contra formam Statut. necne And therefore the Issue shall be that he did not buy modo forma c. 33. H. 8. B. Issues joyns 81. Negativa pregnans 54. Travers per 367. In waste issue was taken if the defendant cut twenty Oaks there if the Jury finde ten and not the rest the Plaintiff shall recover for the ten and shall be amercied for the rest 2 M. 1. B. Issues joyns 80. the middle Issues returns Issues returned See Tit. Intrusion Jurisdiction If the Lord of a Mannor claim the Tythes of such Lands in D. to finde a Chaplain in D. and the Parochians claim them also for the same purpose 't is said for Law that the Lay Court shall have jurisdiction betwixt them and not the Spiritual Court 25 H. 8. B. Jurisdiction 95. 'T was said where a man pleads a plea in Banco ultra mare it shall be condemned at this day because that it cannot be tried in England 36 H. 8. B. Jurisdiction 29. Jurors Trial of a Peer of the Realm arraigned upon an Indictment and appeal diversity See Tit. Trial and Tit. Enquest Where Jurors may take conusance and notice of a thing in another County See Tit. Attaint Jury took a Scroll of the Plaintiff which was not delivered to them in Court and passed for the Plaintiff and because that this matter appeared to the Court by examination therefore the Plaintiff shall not have Judgement 3 M. 1. B. Jurors 8. Leet NOte for Law if a pain be put upon a man in a Leet for to redress a Nusance by a day sub poena 10 l. and after 't is presented that he did it not and shall forfeit the pain this is a good presentment and the pain shall not be otherwise affeered And the Lord shall have an Action of Debt clearly but he cannot distrain and make avowry except by prescription of usage to distrain and make avowry 23 H. 8. B. Leet 37. Note where the Statute of Magna Charta cap. 25. saith Et visus de Franâ—hi-plegio tunc fiat ad illum Terminum St. Michaelis sine occasione this is â—â—tended the Leet of the Tourne of the Sheriff and not other Leets 25 H. 8. B. Leet 23 the end Leases By Fitz-James ch Just. Englefieldâ—ust â—ust and many others if tenant for life â—ases Land for yeers rendring rent and â—â—es the Lease is void and then the rent is â—etermined The same Law of a Parson â—nd though the successor receives the rent â—he Lease is not good against him for â—hen 't is void by the death of the Lessor 〈◊〉 cannot be perfected by no acceptance B. Leases 19. Debt 122. Otherwise 〈◊〉 seems of a Lease for life made by a Parâ—â—â— rendring rent and the successor accepts 〈◊〉 rent this affirms the Lease for life 24 〈◊〉 8. B. Leases 19. A man leases for ten yeers and the neâ— day leases the same Land to another foâ— twenty yeers this is a good Lease for thâ— last ten yeers of the second Lease 26 H. 8. B. Leases 48. Where a Lease for 300 or 400 yeeâ—â— shall be Mortm in See Tit. Mortmain A man leases a house cum pertin â— Land shall pass by these words cum perâ— Contrary if a man leases a house cuâ— omnibus terris eidem pertin there 〈◊〉 Lands to this used pass and many Graâ—â— are de omnibus terris in D. nuper Mâ— nasterii de G. pertin and especiallyâ— heavers that it hath pertained de temporâ— c. 31 H. 8. B. Leases 55. If a Parson of a Church leases for 〈◊〉 and dies the successor accepts fealty 〈◊〉 shall be bound by this during his 〈◊〉 Contra upon a Lease for yeers made 〈◊〉 him this shall not binde the successor 〈◊〉 acceptance of the rent for 't was void 〈◊〉 the death of the Lessor 32 H. 8. 〈◊〉
and such Lease is Mortmain by the words of the Statute de religiosis 7 E 1â— S. colore termini for the said Statute is quod nullus emeret vel sub colore donationis aut termini aut ratione alterius tituli ab aliquo reciperi aut arte vel ingenio sibi appropriare presumat c. And the same Law oâ— a Lease for 400 years or the like Contrary if a man leases for a 100 years or the like and covenants that he or his heirs at the end of a 100 years will make another Lease for another 100 years and so further this is not Mortmain for t is but one Lease for a 100 years and the rest is but a Covenant but in the first case for that is for 300 years at first in effect and all by one and the same Deed B. Mortmain 30. Leases 49. And 99 years is not Mortmain And also a Lease for a 100 years is not Mortmain by B. for t is a usual term 29. H. 8. B. Mortmain 30. By Br. if an alienation in Mortmain be and the alienee is disseised and the disseisor dies seised his heir is in by discent yet the Lord may enter within the year for he hath but onely a Title of Entry and cannot have an Action But otherwise of him who hath right of Entry and may have an Action 1. E. 6. B. Mortmain 6. the end Negativa preignans see Tit. Issues joyns Non-ability VVHere and in what Case aâ—â— Alien is disabled from bringing of an Action what not See Tit Alien Non est factum Note that in Debt upon an obligation made for Usury and the Defendant pleads this matter he shall conclude and so the obligation is void Judgement si action and shall not conclude non est factum 7. E. 6. B. Non esâ— factum 14. the end Nonsuit Note that the King cannot be non-suited Yet B. seems that he who tam pro Domino rege quam pro seipso sequitur may be nonsuited 25. H. 8. B. Non-suit 68. Note when the parties in an Action have demurred in judgement and have a day over there at that day the Plaintiff may be demanded and may be â—onsuited as well as at a day given after issue joyned 38. H. 8. B. Nonsuit 67. Nontenure Where a man is barred by a false verdict and brings an attaint against the first Tenant nontenure is no plea for he is privy contrary of a stranger as where the Tenant infeoffs a stranger after 19. H. 8. B. Nontenure 6. In an attaint Non tenure is no plea â—or a privy to the first action contraâ—or â—or a stranger to the first Action B. Nontenure 16. And t is said that t is â—o plea in an attaint to say that the Plaintiff in the Attaint hath entered â—fter the last continuance 20. H. 8. B. Nontenure 22. Nontenure is no plea in Waste See Tit. Waste Nosme Name What shall be a good name of Purchase See Tit. Discent Note if a Dutchess or other such state marries with a Gentleman or an Esquire she by this shal lose her dignity and name by which she was called before as in the case of the Lady Powes and Dutches of Suffolk the one espoused R. Haward and the other S. the Dutches AdrJan Stokes and therefore Writs were abated in their Cases For by the book of Heralds quando mulier nobilis nupserit ignobili desinit esse nobilis 4. M. 1. B. Brief 546. Nosme 69. Notice The Patron shall take notice of every voidance of an Advowson except resignation and of this the ordinary shall give him notice Lecture Frowick B. Notice 27. Office devant c. Office before c. NOTE by those of the Exchequer where a man is attainted by Parliament and all his Lands to be forfeited and doth not say that they shall be in the King without Office there they are not in seisure of the King without Office for non constat of Record what Lands they are 27. H. 8. B Office devant 17. If the King grant Land for term of life after the Patentee dies yet the King cannot grant it over till the death be found by office this by reason of the Stat. that a grant before office shall be void 29. H. 8. B. Office devant â—6 If an Office finde the death of the Kings Tenant and that his heir is of full age and doth not say when there it shall be intended that he is of full age tempore captionis inquisitionis but that he was within age tempore mortis tenentis and therefore it ought to be expressed certain when he was of full age 29. H. 8. B. Office devant 58. Note that t is an antient course in the Exchequer that if it be found by Office that I S. was seised in Fee and died sed de quo vel de quibus tenementa tenentur ignorant that a Commission shall issue to enquire of it certainly de quo c. and if it be found that of W. N. then the party shall have Ouster l'main of the King But if an Office be found quod tenetur de Rege sed per que servitia ignoratur this is good for the King and it shall be intended to be holden in Capite per servitium Militare for the best shall be taken for the King But now in these cases a Melius in quirendum shall be awarded by the Statute 30. H. 8. B. Office devant 59 Land was given by the King pro erectione Collegii Cardinalis Eborum and the Colledg was not erected and upon office found thereof the King seised Time H. 8. B. Office 4. the end T was agreed by the Justices that the King is not intitled to the land of his ward without office though he hath in it but a Chattell yet it comes ratione tenure which is a seigniory and free hold in the King 5. E. 6. B. Office devant 55. Note that of a Chattell the King is in possession without office And â—contra of land and of free hold except of a term And sometimes he shall be in possession of inheritance without office yet the King shall not have the land of his ward without office though he hath in it but a Chattel for the ward comes by reason of the tenure which is a seigniory and free hold in the King and therefore a difference betwixt this and a lease for years of a man outlawed For if a man hath a term for years or a ward and is outlawed this is in the King without office Lecture B. Office devant 60. Officer Note for Law if a man hath a fee of a Lord and after is made Justice this fee is not void by the Law but after the making of him Justice he is not to take any fee but of the King and the same law of him who hath an office of Steward and after is
there were but one in the Deed then it shall be referred to the one only But in a Devise 't was said by some that the words afore are a Fee-simple Contrary in a Gift and Feoffment for the one shall bee taken by intendment the other not 31 H 8. B Estates 4. A man gives land to a Husband and Wife for terme of their Lives diutius eorum vivent the remainer to the Heirs of their bodies this is a taile executed by reason of the immediate remainer notwithstanding the words of the Statute quod voluntas Donatoris in omnibus observetur by all the Justices 35 H 8. B Estates 78. By opinion in the kings Bench If a man deviseth his Land to W N solvend ten pound to his Executors and dies the Devisee hath a Fee-simple by reason of the payment without words Heredibus or in perpetuum and this shall be intended the intent of the Devisor The same Law if a man sell his Land to W N for twenty pound this shall be intended a sale in Fee-simple without words Heirs for Conscience c. est equum bonum which is a ground in every Law 4 Ed 6. B. Estates 78. Estoppell If a man hath Liberties Rent Common or the like by prescription and after takes a grant thereof of the King by Patent or of another by Deede this determines his prescription by conclusion B Prescription 102. Estoppell 210. for Writing shall determine Contracts and matter in Fait 33 H 8. B Prescrip 102. 'T was agreed that a stranger to a Fine or Recovery shall not pleade it for Estoppell contra If hee claim the same Land under the Fine or Record by those which were parties or claims the same Estate or part of it and that this estate continues for then he is privy in the Per 36 H 8. B Estoppell 216. the end If two joyn-Tenants are which hold of the King in chiefe and the one releases to the other in Fee and after both respit Homage in the Exchequor by this he which released hath gained the moity by conclusion as it shall be where two joyne in suite of livery out of the hands of the King where the one hath nothing by the opinion of some And the same of Partition by two where the one hath nothing 37 H 8. B Estoppell 218 Note that a man which Leases by Deede poll for yeeres or by Parol may avoid this Lease to say That hee had nothing in the Land tempore dimissionis Contrary Upon a Lease by Indenture for this is an Estoppell 38 H 8. B. Estoppell 8. If a man Indicted of Extortion or Trespasse puts himself upon the grace of the King and makes a Fine and after the party sues him for it by Bill or Writ and he pleades Not Guilty hee shall have the Plea and the making the Fine to the King shall not estop him for there the Entry is quod petit se admitti per Finem and doth not confesse it precisely and therefore no Estoppell Yet B seemes to make the Fine by protestation that hee is not guilty and then 't is all cleere Time H 8. Estoppell 82. A man pleads a Pardon of the King in the Exchequer for alienation without License where the Land is not holden of the King in capite This is an Estoppell to him to say after that He doth not hold in capite 7 Ed 6. B Estoppell 222. By Hales and Montague If a man Leases to N his own Land by Deed intended the Indenture is no Estoppell but during the Lease and not after Casus B Estoppell 221. Estranger A is bound to B in a 100. l. and B makes a Defesance to W S That if W S payes 40. l. that the Obligation shall be void This is worth nothing per opinionem because that A that should plead it is a Stranger to the Deed But where two are bound to me and I make a Defesance to one this shall serve the other to plead if he can shew it as in Trespas against two a release to one shall serve the other if he can shew it 34 H 8. B Estranger al fait 21. Estray If a man takes Beasts as an Estray and keeps them three quarters of a yeer and after they stray from him and another happens on them the first Lord which kept them for three quarters cannot take them again because that he had no property in them till hee had kept them a yeer and a day and Proclamation passed in the two next Market Towns and two Market dayes the one in the one Town and the other in the other for the possession of the second Seizor is good against him who hath no property 33 H 8. B Estray 11. Executions Note by Fitz and the Court If a man recover in a Writ of Annuity he shall have a Fierifacias of the Arrearages incurred within the yeer and a Scire fac after as soon as the Annuity is Arrear and never a Writ of Annuity again for 't is executory and the same Law of an Action and Judgement upon composition which is executory de tempore in tempus and the like And in every Scire fac in which he recovers after the first Judgement he shall have execution of the Arrearages within the yeer by Fiere fac for every one is founded upon the Judgement 23 H 8. B Executions 119. Scirefac 213. By the whole Court in the Common-Bench If two are bound in an Obligation conjunctim divisim the Obligee impleads the one and hath execution of his body and after impleads the other and condemns him hee may have execution against him also for the taking of the body is a good execution but 't is no satisfaction and therefore hee may take the other also But if the one satisfie the Plaintiff hee shall not have execution after and therefore this Order That the Plaintiff upon an Obligation shall have but one execution is intended such execution which is a satisfaction and where both are impleaded by one originall by severall Precipes c. 29 H 8. B Execution 132. Scire fac upon recovery of Debt and Damages the Defendant said that once the Plaintiff sued a Capias ad satisfaciend by which the Sheriff had took his body Judgement c. And there 't is said That a Capias ad satisfaciend is not of Record before the retorn of it therefore no Plea Yet B seems the Plea good by the taking of the Body though no Writ bee returned 37 H 8. B Executions 6. Executors 'T was noted by Fitz and others That in an Action of Debt against an Executor 34 H 6. upon an Obligation of his Testators who pleaded not his Deed and found against him the Judgement by the Record was That the Plaintiff should recover of the dead if hee hath any and for that the book at large fol. 24. is reported further in these
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 by the Translator Methodised and reduced Alphabetically under their proper Heads and Titles With an exact Table of the principall Matter contained therein London Printed by T. N. for Richard Best and John Place and are to be sold at Grays-Inn gate and Furnivals Inn-gate in Holborn 1651. To the READER READER WHEN I considered what great care our Parliament had taken of the publick good in enacting our Laws to be translateâ— into English theâ—â— which certainly nothing more equall that the people might in some measure instruct themselves in that to which they are bound to obedience and of which by the Law it selfe they cannot nor must not plead ignorance And when I had likewise considered the excellent and most usefull Law that is contained in this little volume called Petty Brock I thought it a labour servicable to the publick to Translate it which I here present you in your own Language make use of it and you will finde Magnum in parvo great benefit in this little work and I doubt not give him thanks for it who is ambitious of nothing more then to be yours and the Common-wealths most Faithfull Servant Jo MARCH THE TABLE Abridgment page 1 DAmages increased after issue and verdict upon it page 1 Costs ibid Acceptance Lease of a Tennant for life is void by his death 1 Void and voidable Lease diversity 2 Acceptance by the issue in Taile of the second Lessee ibid Privity ibid Diversity ibid Apportionment ibid Acceptance by him in remainder ibid Acceptance by the successor of a Bishop ibid Payment at another place 3 Action Popular 3 Within the yeer ibid Action upon the Case 3 Mill 4 Where an Action upon the Case lies where not diversity ibid Delivery of goods traversed in detinue ibid Negat Pregnans ibid Action upon the Case for calling a man perjured ibid Action upon the Case for caling him perjured and justification in it ibid Of his own wrong 5 Bar in an Action upon the Case by Law wager in det ibid Plea to avoid double charge ib Travers ibid Action upon the Case upon finding of goods 6 Evidence ibid Action upon the Case upon a devenerunt to the hands of the defendant ibid Evidence ib Place in an Action upon the Case Assumpsit is not local 7 Place in det is not traversable ib Action upon the Case against executors ib Not guilty a good plea in an Action upon the Case and where not 8 Hiis similia in an Action upon the Case ib Action upon the Case upon trover ib The conversion to use traversed ib Evidence ib Action upon the Case for not payment of marriage money 9 Action upon the Statute His freehold no plea in an Action upon the statute ib Upon the statute of 5. R. 2. his freehold ib Avowing upon the statute and by common Law 10 Diversity ib Disclaimer ib His freehold is an Action upon the statute of 5. R. 2. ib Disseisor ib Accompt 10 Account against disseisors ib Privity necessary ib Account against a GardJan ib Pleading ib Adjournment 11 Cause and place of Adjournment ib Demurrer ib Dubious verdict ib Forreign Plea ib Certificate ib Administrators ibid Administration committed pending the writ ib Who shall commit administration vacate ib Episcopatu ib Relation ib Power and interest certain diversity 12 Who shall be said proximo de sanguine to take letters of administration by the statute ib Civil Law the law is since adjudged otherwise 13 See Ratcliffes Case my Lord Cook ib Land which is a Chattel shall by office 14 Age 14 Arreares of rent â—orâ— of Annuity and damage ib Diversity ib Scire fac against the heir ib Thing real and thing personal diversity ib Avowry ib Costs ib Where debt lies and where a scire fac 15 Diversity ib Where the King shall have his age where not ib Age of a parson prebend c. 10 Alienations ibid Where the heir within age shall be in ward where not ib Alienation by Tenant in Fee and by Tenant in taile diversity ib Relation of an office diversity 17 Fine for alenation intrusion licence to alien inmortmaine ib Variance from the licence ib Fine levyed ib Averment ib Two Joyntenants the one releases to the other diversity 18 Fine upon release upon conuâ—ance of his right c. diversity ib Estoppel ib Licence to Alien for life ib Burgage tenure ib Devise is an Alienation ib Alien see Tit. Denizen 18 Alien 19 Alien purchase ib Office ib Information ib The King shall have a Lease for yeers 20 Purchased by an Alien ib Amendment ibid Variance amended after judgment ib Amendment after a writ of error came to the common Bench ib In what thing the King shall amend his declaration in another term 21 Appeal ibid Not guilty in an appeal ib Se defendendum ib Evidence ib Justifie ib Indictment before the Coroners and before othe Justices ib Diversity 22 Appeal for Homicide ib Woman intiuled to an Appeal of death of her husband loses it by marriage ib Quarentine ib Coroner and his power ib Apportionment 23 Contract Apportion ib Approportionment by the common Law upon purchase ib Quaere ib Where a rent service shal be apportioned where not see before ib Recovery or discent of parcel 24 Rent Charge ib Arbitrement ib Pleading of a Condition in Barr ib Replication ib See Tit. Conditions ib Assets in their hands see Tit. Extinguishment 25 Demurr upon Evidence ib Legacies shall not be paid before Debts ib Assets per Discent Assets by Discent Judgement upon Assets found false plea ib Assigne 26 Assignee charged with the Covenant of his Grantor ib Audita quer ib Assise 26 Baily examined in Assise ib Attachment shall not be de bones alterius quam ten ib Of what things an Attachment ought to be 27 Election of his Tenant ib Assurances 27 Fine with proclamation to bind Tenant in tail and his issue 28 The Law is now otherwise see the Case of Fines in my Lord Coke ib Five years for the issue in tail to claim ib Equity ib Quaere ib 4. Hen. 7. cap. 24. ib Rast. Fine 8. ib Privity ib Fâ—ne confessed and avoided ib Intendment 29 Averment ib Fine by Conclusion ib Stranger ib Fiâ—e with proclamation by the tenant in tail the reversion or remainder to the King and common Recovery ib Diversity ib See my Lord Cokes first book ib Quere 30 Common recovery by the common Law and after the Statute diversity ib Assurance that the heir should not sell 31 To except the last obligation ib Attaint 32 False quantity in demands ib Attaint upon an Appeal of Maihew ib Ataint for termor ib
ancestors death ib Writ of ward without seisen infra tempus memoriae Tenure traversable 156 No seisen and yet ward 157 Assent and dissent to marriage ib Divorce ib Ordinary ib Warde and marriage 158 Tenure ib Two Joyntenants and the heir of the one in ward living the other ib Garranties Warranties 159 Collateral warranty ib Coverture shall not avoide a collateral warranty upon a discontinuance ib Warranty without heirs 160 Warranty to rebut but not to vouch ib General writ 161 General issue ib Things to be pleaded and not given in evidence ib Command ib Common ib Rent 162 Licence ib Lease for yeers and at will diversity ib Manumission in deed and in Law diversity ib Not escaped pleaded and not arrested given in evidence 163 Grants 164 Office of charge and of profit diversity ib Ousting the officers ib Quere 166 Grant void for incertainty 137 Diversity betwixt grant and devise ib Quere ib Lease for life and four yeers over ib What shall pass by grant of lands and tenements or omnes firmas ib Ejectione Firme bi HARIOTS 138 HAriot custome and service diversity ib Detinue ib Heresie 138 Where a writ de haeret comburend shall issue where not ib Abjuration 139 Diversity ib Homage see Tit-Fealty 139 IDEOT 1â—0 IDeot and unthrift diversiverty ib Imprisonment 140 Incident 140 Court Baron incident to a mannor Pipowders to a Faire ib Grants 141 Recovery of a rent service good titie to homage and fealty ib Indictments 141 Indictment of death and poysoning ib Justice indicted ib Diversity ib Alter trespas in felony ib Intrusion 142 Relation of an office diversity ib Where pardon of Intrusion excuses the issues livery c. where not ib Diversity 143 Joyntenants 143 Where successive holds place where not ib Habendum ib Reentry by two or against two where the one dyes 144 Journeys accompts 144 Judggment 145 Nonage saves default ib Recovery against an infant by default and by action tried diversity ib Where a man shall be restored to his first action and where he shall have error c. ib Recovery of land in one County which lies in another ib VJew 146 Intendement ib Assise in N. and recovery pâ—eaded in H. ib Condition determined by judgement 147 Judgement given with original ib Issues joynes Issues joyned 148 Action upon the case upon an assumpsit ib Special verdict where the issue is upon an absque hoc ib Americiament ib Issue found in part diversity ib Preignancy ib Issue in wast ib Americiament 149 Issues retornes Issues retorned 159 See Tit. intrusion Debate of tithes betwixt lay persons ib Spiritual Court ib Tryal of a thing ultra mare 150 Jurors 150 Jury took a scroule not delivered to them in Court ib LEET 150 PAin in the Leet for redressing anusance forfeited by presentment ib Where the Lord shal have debt upon a pain in a Leet and where distrain for it 151 Leet of the torne of the Sheriff ib Exposition of a Statute Leases 151 Void lease ib Acceptance by the successor of a Parson upon a lease for years for life diversity ib Lease during a lease 152 House ib Averment ib Lease for life by a Parson and lease for years diversity Lease determined for a time and yet good after ib GardJan in Chivalry nor Lord by escheat shal not ouste the Lessee 153 Lease for life and lease for years after ib Convenit ib Concessit ib Dimisit ib Locavit ib Acceptance of rent by the successor of a Parson 154 Parson shal not have a writ of right ib A man leases for twenty years and after leases for fourty years ib Lease of a Bishop ib Dean 155 Parson ib Prebend ib Confirmation ib Habend after such a lease ended where there is no such lease ib Lease of a Prebend Equity ib Lease for yeers before livery sued 156 Relation of office ib Where the wife shall lose her Dower ib Lease till a hundred pound be paid ib Diversity ib Lease by a Bishop not sacred and by a Bishop deprived diversity ib Confirmation 157 Lease till he hath levyed 20. pound ib Where the one Feast is put before another in a Lease ib Ley gager Law wager ibid Law in detinue of an Indent of Lease ib Law lies not in a Qâ—o minus ib Licences ibid Contra formam collationis 158 Lieu place ibid Scire facias upon a recognisance ib Limitations ib Copyhold 159 Livery ib Where ward because of ward shal not sue livery but ouster l' maine Seiginory revived by suing livery ib Where livery shal be of Dutchy land where not 160 General Livery and special diversity ib Mannor purchased by the King shall be in him as in the grantor ib Livery Primer seisin ib Garde 161 Ouster l'main ib Where a man shall hold of the King as of his person and yet not in Capite Et ècontra ib Extent of Livery and of intrusion diversity ib Attainder of Cestui que use by Parliament and of attainder of a sole Tenant by the Common-law diversity ibid Exposition of a Stat. 162 Livery by the heir during a leas or devise for years ib Where a man shall sue Livery where not ib What is Livery what Ouster l' main 163 Livery of Soccage land ib Tenure of the King in Knights Service and in Capite diversity ib Soccage in capite and Knights service in capite diversity 164 What Livery is ib What Primer seisin ib Livery in Wales and County Palatine ib Primer seisin of cestui que use 165 Will not performed ib MAINPRIZE SVrety upon arrest in London ib Priviledge ib Procedendo ib Revivings ib Where surety upon a Bil in Banco regis is discharged where not ib Repleader ib Power of the Justices of the Gaol delivery 166 Maintenance ib Maintenance by him in remainder or reversion ib Sale where he hath not been seised by a year ib Statute expounded Mannor 167 Making of a Mannor ib Court Baron ib Suitors ib Misnosmer misnamer 168 Statute avoided by misnamer ib Monstrans de faits Shewing of Deeds ib Shewing of Deeds and Records ib Mortdauneester ib â—eoffment to two and the heir of the one ib Mortdauncester ib Discent of reversion Dower ib Forfeiture Feoffment Right ib Mortmain ib When a remainder is granted in Mortmain and when a reversion diversity ib Claim ib Remainder waived Vse ib Appropriation without licence is Mortmain ib Lease for 300 or 400 years is Mortmain ib Otherwise of a covenant for so many years ib 99 or 100 is not Mortmain years ib Mortmain ib Deseisin and discent takes not away the entry of the Lord for Mortmain ib NONABILITIE ib Obligation for usury ib Conclusion ib Non suit King nonsuite ib Nonsuit upon demur ib Nontenure a good plea in an attaint for a stranger contra for a privy ib Where non Tenure shall be a good plea in attaint where not ib Entry in attaint after the last continuance ib Nonse name 214 Where a
Termor where land is recovered against him and the Lessor because they lose not any Free-hold and because that they are acquitted by W. Whorewood the Kings Attorney Yet by B. t is not reasonable where they are named and lose their interest yet it seems to him that he that is acquitted shall not have an attaint but if they are found disseisors they shall have an attaint by him Time H. 8. B Attaint 82. the end Note For Law where Trespass of battery goods carried away or a writing broken which are transitory is done in one County yet an action may be brought in an other B. Attaint 104. And so t was agreed in Trespass in London of breaking of at D. in London where indeed D. was in the County of E. for these are not local B. Lieu. 65. And therefore in Trespass transitory the place is not issuable nor traversable No more then in Trespass upon the case upon a promise and these may be continued B. Traverse c. 283. And in those cases the Jury of another County may take Conusance thereof but is not bound to it but if they take Conusance attaint lies not Otherwise of Trespass of Trees cut or Grass trod which are local and shall be brought in the proper County 2. Mar. 1. B. Attaint 104. Jurors 50. Note T is said that upon an Information for the King which passes upon the issue tried the King nor the informer shall not have an attaint for the informer is not fully party And when the Defendant hath answered the Kings Attorney replies for the King and after no further mention of the informer and therefore neither the one nor the other shall have an attaint 4. Mar. 1. B. Attaint 127. Where an attaint lies where not See Tit. Dammages And Tit. Fanxifier Attornment Note That Attornment may be made by Tenants to the Lord in his Court to the Steward in absence of the Lord or purchasor But Attornment to the servant of the purchasor out of Court and in absence of the Purchasor is not good but by payment of one penny for every Tenant to the servant of the Purchasor and in his absence in name of Seisen of their several Rents is a good attornment for a servant may receive Rent for his Master Quaere If no Rent then is due nor the rent day come 28. H. 8. B. Attornment 40. T was agreed That where Land is fold by Deed indented and inrolled according to the Statute of 27. H. 8. c. 10. there because the use is changed by the bargain and sale by the said Statute and the buyer in possession and hath no means to compel the Tenant to attorn there he may distrain and avow without attornment Otherwise upon a grant by Fine for there he may have a Writ of Por quae servitia 30. H. 8. B. attornment 29. the end Note That if a man hath Common of Pasture to a certain number or Common of Estovers to a certain number of Carts and with Grant them over they pass without attornment because they are not to be taken by the hands of the Tenant but by the mouth of beasts and by cutting and carrying So see that when no attendancy nor payment is to be made by the Tenant there the thing passes without attornment 31. H. 8. B. Attornment 59. See by Whorewood the Kings Attorney where a man Leases for forty years and after Leases the same Land to another to have from the end of the first Term for twenty years this needs no attornment otherwise where he grants the Reversion as afore there ought to be attornment Quaere and see after And if a man Leases for ten years and after Leases to another for twenty years this is good for ten years without Attornment otherwise if there were a word of Reversion 37. H. 8. B. attornment 41. A man Leases Land for twenty years the Lessee Leases over for ten years rendring Rent and after grants the Reversion of the Term and Rent to a stranger this shall not pass without attornment by reason of the attendancie of the Rent otherwise if no Rent were reserved upon the second Lease for ten years for then there is no attendancie to be made nor action of Waste nor the like to be brought For as B. seems attornment is not necessary but to have avowry or an action of Waste 2. E. 6. B. attornment 45. See by Mountague chief Justice and Townsend That by a Feoffment of a Mannor the services pass without attornment of the Free-holders But B. seems that the Tenants ought to attorn 4. E. 6. B. attornment 30. Note If a man let a house and 200 acres of Land for Term of life and after grant the Reversion to another to have the said House Land and Tenements a Festo Sancti Michaâ—lis prox-post mortem vel determinationem interesse of Tenant for life for twenty one years then next following the Tenant for life dies before attornment yet the grant of the Reversion is good because that the words in the Habendum of the house and land is intended to be a Lease and a Rent was also reserved upon it and so a good Lease without attornment By Brown Sanders and Stamphord Justices Yet by B. Chief Justice t is but a Grant of a Reversion and no Lease but yet the grant is good without attornment because that t is to Commence after the death of Tenant for life so that the Tenant for life shall not be attending to the Grantee nor shall he avow upon him nor have an action of Waste or the like by judgment of the Court. 3. Mar. 1. B. Attornment 60. Leases 73. Attorney In these Cases a man shall not make an Attorney except in special case viz. Attaint Premuniri Appeal Per quae servitia Quid juris clam Quem redd reddit Nor in assigning of Errors nor at the Plures in case of contempt nor the Tenant in a Cessavit upon tender of arrearages Nor the pray' to be received in a Pr. quod redd Nor in an assise nor in an attachment Nec contra finem levat nor in any case where the Defendant shall be imprisoned Audita querela A man seised of 20. acres is bound in a Statute Marchant and makes a Feoffment of 15. to several persons and Execution is sued against one of them he shall have an Audita querela upon his surmise to have the other Feoffees to be contributory with him But if execution be sued against the Conusor himself he shall not have such contribution for this is upon his own act B. Audita querela 39. Yet if the Conusor dies and the Conusee sues Execution against the heir he shall have Contribution of the Feoffee So every of them shall have of the heir 25. H. 8. B. Audita querela 44. the end Averments See Tit. Pleadings Note Where a man pleads a recovery by a strange
plena curia Contrary if he doth it out of Court without such authority Yet the high Steward may demise customary land by copy out of Court by some Quaere thereof by B. if he hath not a special authority from the Lord to demise 2. E. 6. B. Court baron 22. Tenant by copie 26. Customs Information in the Exchequer against a Merchant for lading Wine in a strange Ship the Defendant pleads the licence of the King made to I. S. to do it which I. S. had granted his authority thereof to the Defendant quod habetur consuetudo inter mercatores per totam Angliam that one may assigne such a licence over to another and that the assignee shall enjoy it c. to which t was demurred in law and t was agreed for law That a man cannot prescribe a custom per totam Angliam for if it be per totam Angliam this is the Common law and not a Custom contrary if the custom had been pleaded to be in such a City or County as Gavelkinde Borrow-English Glocest. Fee and the like 35. H. 8. B. Customes 59. Dammages NOte in Trespass local That upon an inquest of Office to enquire of Dammages the Court may abridge or increase them But otherwise upon the Principall S. upon issue tryed betwixt party and party but there it may encrease costs For the party is at his attaint but upon an inquest of Office he cannot have an attaint 34. H. 8. B. dammages 144. See Tit. costs Default If a woman be received in default of her Husband and after shee makes default judgement shall be given upon default of the husband and no mention shall be made of the receit Time H. 8. B. default 85. Demurrer Inquisition found that I. S. held certain land of the King ut de honor suo Gloucester which is not in Capite upon which proces issued against W. S. who had intruded c. and to sue Livery and because that this Tenure is not in capite and therefore Livery not due the party demurred upon the record for t is no cause of Livery And where a man declares upon a Statute and recites it otherwise then t is or pleads it otherwise then t is the other may demur upon it for no such Law if it be misrecited 32. H. 8. B. Demurrer in Law 25. Denizen See Tit. Alien Note for Law That where an Alien born comes into England and brings his son with who was born beyond Sea and is an Alien as his Father is there the King by his Letters pattents cannot make the son Heir to his Father nor to any other for he cannot alter his law by his letters Pattents nor otherwise but by Parliament for he cannot disinherit the right heir nor disappoint the Lord of his escheat and the son of an Alien which son is born in England he is English and not an Alien 36. H. 8. B. Denizen 9. Deputie T is said that a Deputation of an Office which lies in grant ought to be by Deed and not by word 28. H. 8. B. Deputy 17. Detinue By Shelley and others if a man meddle with goods as by trover of them he shall be thereof charged though that he deliver them over before action brought 32. H. 8. B. Detinue de biens 1. The end Debt Where Debt lies and where a Scire facias See Tit. Age. Debt upon Indentures of Covenants where the Defendant had Covenanted to do many things and the Plaintiff the like to do many other things ad quas quidem conventiones per implendam uterque obligatur alteri in one hundred pound and the one breaks Covenant by which the other brings Debt and the Defendant pleads payment of ten pound to D. which was all to which he was bound judgement if action and no plea per curiam because he did not shew thereof a Deed where the Plaintiff declared upon the Indenture which is a Deed And yet otherwise in pleading of payment of Rent reserved upon a Lease for years made by Indentures For there he may levy it by distress and therefore an averment may come in ure But otherwise where all rises by specialty where it lies in payment 25. H. 8. B. Debt 173. Debt upon an obligation with Condition where the condition is not broken by which he is barred he shall never sue this obligation again for once barred est pro imperpetuo 29. H. 8. B. Debt 174. Administrator of a Lord brings an action of Debt for relief which fell tempore intestati and the Defendant pleaded in Bar and traversed the Tenure and so at issue And therefore B. seems that the action lies clearly for him for the Defend did not demur so if it be brought by an Executor of the Lord for relief due to the Testitor Rot. 5â—9 in the Common Bench. 32. H. 8. B. debt 193. Relief 11. the ends Devise Not that a Fem Covert with assent and will of her husband may make her Testament and devise the goods of her Husband yet if the Husband prohibit the probat of the Testament of the Wife after her death then all is void For the husband may countermand it B. devise 34. the end Testament 21. the end And a Devise by the husband to his Wife is good though they are one and the same person in the Law for the devise takes not effect till after the death of the husband and then they are not one person 24. H. 8. B Devise 34 T was agreed by all that if a man wills that I. S. shall have in his Land in date after the death of his Wife and dies now the wife of the Devisor by these words shall have the Land for her life by reason of the intent of the Will 29. H. 8. B devise 48. Note That in London a man may Devise by Testament to a common person though the Testament be not enrolled but if he Devises in Mortmain he ought to be a Citizen and a Freeman resident and the Testament oâ—ght to be enrolled at the next Hustings 30. H. 8. B. devise 28. A man Devises to two heredibus eorum and dies and after one of the Devisees dies and the other survives he shall not have the intire by Survivor but onely a moytie for this was the intent of the Devisor by Audley Chancellor of England B. devise 29. and by B. there the end If one devise to another in feodo simplicâ— the devisee hath a Fee simple 30. H. 8. A man wills that his land Devisable shall be sold by his Executors and makes four Executors and dies all the Executors ought to sell for the trust is put joyntly in them Quaere for B. seems That if one or two die that the three or two which survive may sell for there is the plural number Executors and death is the act of God B. Devise 31. and by him where
Statute of 1. R. 3. which wills that the recovery shall be good against the vendor and his heires claiming only as heir and against all others claiming onely to the use of the vendor and his heires and this is intended by some of a fee simple and in the case afore the issue in tail claims as heir in tail in use B. Feoffements to uses 56. the middle Yet see the Statute of 32. H. 8. that a Fine with proclamation levied or to be levied by Tenant in tail in possession reversion remainder or in use after proclamation had shall binde those Tenants of those tails and their heire for ever And see that the same Statute is as well pro temporibus preteritis quam futuris 30. H. 8. B. Feoffements to uses 57. the end G. T. Knight seised in tail to him and the heires males of his body discontinues and retakes to him and E. his wife and to the heires of their two bodies and had issue T. and W. and died and after E. his wife survived and T. had issue E. nuptam T. W. and died and after W. by covin of E. his mother Tenant in joynture brings a Formedon upon the elder tail against his mother and she appeared the first day and W. recovered by Nihil dicit and T. W. and E. his wife heir to G. enters by the Statute of 11. H. 7. and the entry adjudged lawfull by the same Statute which wills such discontinuances alienation warranties and recoveries shall be void B. Entre congeable 140. Judgement 153. And it need not to say that the recovery was executed for because t was void it shal never be executed And E. the heir averred that he is the same person to whom the reversion appertained and shewed not how heir to it and yet good by Molineux and Hales Justices contra Brown and Mountague chief Justice of the Common Bench. But all agreed that t was a recovery by covin notwithstanding t was upon a true title And good notwithstanding he did not shew cause of covin 32. H. 8. B. Entre congeable 140. Collusion 47. Agreed for Law that if land escheat to the King which is in lease for years or charged with a rent charge and office is found for the King of the escheat the lease or grant not found in the office the lessee cannot enter nor the Grantee cannot distrian but if the King grant the land over the lessee may enter and the grantee may distraine But a man which claims free hold in the land cannot enter without traverse of the office by B. 33. H. 8. B. Entre congeable 124. Note that t is ruled in the Serjeants case that where a common person leases lands for years rendring rent with a clause of reentry and after grants the reversion over the tenant atturns the grantee may reenter for condition broken by the Statute by express words And the same Law of the grantees of the King E. 6. and all others heires to King H. 8. by the equitie of the said Statute which provides remedy for the patentees of the King H. 8. And for grantees of common persons 4. M. 1. B◠Entre congeable 139. T was said that where the interest of the King is certain and determined the party may enter quaere by B. Time H. B. Reseiser 36. the end Error 'T was said in the Kings Bench where a writ of Error beares teste before the first Judgement and the Record is certified in the Bench that 't is good and yet the Writ saith quod si judiciū reddit fit tunc Record process habeatis c. 5 E 6. B Errour Escape Debt upon an Escape against the Sheriffe who said That before the Escape the Prisoner was condemned in the said condemnation and in Execution ut in narratione in the time of a former Sheriffe who suffered him to Escape and after re-took and imprisoned him and was removed and this Defendant was made Sheriffe and after suffered him to Escape judgement is Of this second Escape you ought to have your Action and a good Plea for he hath confessed and avoided the Plaint for when the Prisoner first Escaped and the first Sheriffe re-took and imprisoned him This second Imprisonment is no Execution for the party but the Party is put to his Action for the Escape against the first Sheriffe 5 E 6. B Escape 45. Escheate Foundership cannot Escheate by death without Heir nor bee forfeited by attaindor of Felony or Treason for 't is a thing annexed to the blood which cannot be divided as 't was said after the augmentation Court took commencement for a man who is Heir to another cannot make another to be Heir Time H 8. B Corodies 5. the end Note by Brown Hales Cooke Justices if there bee Lord and Tenant by Fealty and Rent the Tenant is disseised and dies without Heir the Lord accepts the Rent by the hands of the said disseisor yet hee may enter for the Escheate or have a Writ of Escheate and the receipt of the Rent no barre for the Disseisor is in by wrong Otherwise if he had allowed for it in a court of Record or had taken corporall service as Homage c. So of acceptance of Rent by the hands of the Heir of the Disseisor or of his Feoffee which are in by Title 7 E 6. B Escheate 18. Essoign If the Tenant in a Praecipe quod redd prayes the vJew by Attorney his Attorney shall bee Essoyned upon the vJew But if he himselfe prayes the vJew in proper person then per plures none shall be Essoyned upon the vJew but the Tenant himself for after Processe upon a Voucher he himself shall bee Essoyned and by consequence in like manner shall be upon the vJew And note That granting of an Essoyn whereon Essoyn lyes not is not error Contrary of denying of Essoyn where it lyes 33 H 8. B Essoine 116. Estates The King gives Land to I S heredibus masculis suis and 't was adjudged by all the Justices in the Exchequer Camber that the Grant is void because the King is deceived in his Grant for it sounds in Fee simple whereas it seems the King intended but an estate tail which is not so expressed and therefore now he is but Tenant at will Otherwise in case of a common person 18 H 8. B Patents 104 Estates 84. 'T was said for Law That if a Feoffment bee made to W N during the life of I S these words during the life of I S c. shall be void for they are contrary to a Fee Contrary of a Feoffment in Fee so long as Pauls Steeple shall stand 21 H 8. B Estates 50. A man gives Land to two heredibus and doth not say suis This is no Fee-simple And 't was said that the reason is because that two are named in the Deed and therefore 't is incertain to which of them heredibus shall bee referred But if
upon the sale 6 E 6. B Faits Inroll 9. Fauxifier Falsefying Where he in reversion shall falsifie a recovery had against Tenant for term of life where not See Tit. Entre Congeable Where the Feoffees may falsifie a recovery suffered by Cesty que use in tayl where not See Tit Entre Congeable 'T was holden that an attaint shall goe with the Land as a Writ of Error shall Time H 8. B Fauxifier 50. the end Faux Imprisonment false Imprisonment 'T is said That a man as Constable cannot Arrest another for an Affray after that the affray is past without Warrant contrary before the Affray and in the time of the Affray c. And the same Law of a Justice of Peace 38 H 8. B Faux Imprisonment 6. the end Faux Judgement False Judgement Note by Fitz for cleer Law That in a Writ of falfe Judgement in nullo est erratum is no Plea for they joyn issue upon some matter in fait certain alledged by the party and shall bee tryed by the Country for 't is no Record contra in Error 23 H 8. B Faux Judgement 17. Fealtie Note in the Chequer That if Land descend to me which is holden of I S by homage and I doe to him homage and after other Land descends to me by another Ancestor holden of him by homage I shall doe fealty but not homage again for I became to him his man before And if both the Tenements are holden of the King by homage he shall not respit both the homages in the Exchequer but one homage only 24 H 8. B Fealty 8. Note in the Exchequer That a Dean and Chapter and other bodies politique shall not doe homage for this shall be done in person And a Corporation cannot appear in person but by Attorney and homage cannot be done by Attorney but only in person 33 H 8. B Fealty 15. Feoffments A man makes a Feoffment of a house cum pertinentiis nothing passes by these words cum pertin but the Garden the Curtilage and Close adjoyning to the house and upon which the house is built and no other Land though other Land hath been occupied with the house 23 H 8. B Feoffments 53. Note by Fitz james ch Justice Englefield Just and divers others where a Disseizor makes a Feoffment for maintenance and takes the profits the Feoffment is void by the Stat of 1 R 2. ca 9. as to a Stranger which shall have an Action for he shall have it against the pernour of the profits but 't is not betwixt the Feoffor and the Feoffee And also a man who vouches by such Feoffment one of the Feoffees the Demandant shall counter-plead by the same Stat because the Feoffment was void And B seems that such Feoffment shall not be a remitter in prejudice of a third person 24 H 8. B Feoffments 19. If a man makes a Feoffment to four and the one of the four makes a letter of Attorney to I N for to take livery for him and his companions who doth it accordingly nothing passes but to him who made the Letter of Attorney only 27 H 8. B Feoffments 67. 'T was said for Law That if a man Leases Land for ten years and the same Lessee lets it over to another for four years the Lessor makes a Feoffment to a Stranger by sufferance of the second Lessee this is a good Feoffment without Attornment of the first Lessee 28 H 8. B Feoffments 68. 'T is said That a Feoffment of a moity is good 31 H 8. B Feoffments to uses 19. If a man makes a feofmēt of a house ac omnia terras tenemeta et hereditamēta eidem messuag pertinen aut cum eodem occupat locat aut dimiss existen by this the Land used with the house shall passe 32 H 8. B Feoffments 53. the end A man makes a Deed of Feoffment to another and delivers the Deed to him in the Land or upon the Land this is a good Feoffment by all the Justices in the Common-Bench 35 H 8. B Feoffments 74. If a man bee seized of one acre of Land in Fee and another is seized to his use in Fee of another acre and hee makes a Feoffment of both acres and Livery of the acre which he hath in possession by this the acre in use passes not though he made the Livery in the one in the name of both for this is not his acre but the acre of the Feoffees and the Stat saies that his feofment shall be good but 't is no Feoffment except hee makes Livery in the same Land Otherwise if Livery were made in the Land in use by reason of the Stat 37 H 8. B Feoffments 77. Feoffments to uses 55. If a Feoffment be made within the vJew when this is pleaded 't is said that expresse mention shall be made in the pleading that the Land was within the vJew Time H 8. B Feoffments 57. the end Feoffment is good of the Land by Deede by Livery of the Deed within the vJew so that the Feoffee enters accordingly But if the Feoffor dies before the Feoffee enters then the Land is discended to the Heir of the Feoffor and the Feoffment shall not take effect Time H 8. B Feoffments 72. A man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to all but if hee Infeoffs twenty without Deed and delivers Seisin to one in the name of all this is no feofment to any but to him who takes the Livery Time H 8. B Feoffments 72. Note that by the Stat of 1 R 2. where a Disseizor makes a Feoffment for maintenance and takes the profits the Feoffment is void by the Stat to all intents Lecture Whorwood 35 H 8. B. Feoffments 19. Feoffments to uses By Shelly Just Where the Father Infeoffs his Son and Heir apparent to the intent to defraud the Lord of his Ward this Feoffment was to the use of the Father during his life and hee takes the profits during his life and so see that uses were in antient times 24 H 8. B Feoffments to uses 20. the end A man makes a Feoffment in Fee to four to his use and the Feoffees make a gift in tayle without consideration to a stranger who had not conusance of the first use habend in tayle to the use of cestuy que use and his Heirs the tenant in tayle shall not be Seised to the first use but to his own use for the Stat of Westm 2 cap 1. wills quod Voluntas Donatoris in omnibus observetur that a man ought to refer his Will to the Lawe and not the Lawe to his Will Also none can bee Seised to the use of another but hee which may execute an Estate to cestuy que use which shall bee perfect in Law which tenant in tayle cannot doe for if hee executes an Estate his Issue shall have
barre the demandant by which the demandant recovers and the tenant over in value that this land recovered in value shall not go to me in reversion after the death of the tenant for life nor the reversion of the land recovered in value shall not be in me in the life of tenant for life and so 't is holden at this day 25. H. 8. B. Recovery in value 33. Note by some where a writ of entry in the Post is brought against a husband and wife where the wifis tenant in taile and they vouch overe and so the demandant recovers against the husband and wife and they over in value if the wife tenant in taile dyes and the husband survives this shall not bind the issue in taile for the recompence shall go to the survivor and then it shall not bind the issue in taile Yet B. seems that this opinion is not law for the recompence shall go as the first land which was recovered should go And voucher by husband and wife shall be intended for the interest of the wife 25. H. 8. B. Recovery in value 27. the end Tenant for life the remainder over or tenant in taile the remainder over is impleaded by a writ of entry in the Post and he vouches a stranger the demandant recovers against the tenant and the tenant over in value this shall bind him in remainder by Monntague Just. and others for the recompence shall go to him in remainder But yet in the case of the Lord Zouch and Stowell in the Chancery the law was determined otherwise by all the Justices B. seems the reason because that when he vouches a stranger the recompence shall not go to him in remainder contrary if he vouches the donor or his heir who is privy But after this day many put inâ—ure to bind the remainder 27. H. 8. B. Recovery in value 28. Recovery against Feoffees seised to use in tailes See Tit Feoffements to uses 'T is held that where tenant for life is the remainder over in tail or for life and the tenant for life is impleaded and vouches him in remainder who vouches over one who hath title of Formedon and so the recovery passes by voucher there the issue of him who hath title of Formedon may bring his Formedon and recover against the tenant for life for the recompence supposed shall not go to the tenant for life and therefore he may recover for his ancestor warranted but the remainder and not the estate for terme of life and therefore the tenant for life cannot bind him by the recovery for he did not warrant to him And therefore in such case the sure way is to make the tenant for life to pray in aide of him in remainder and they to joyn and vouch him who hath title of Formedon and so to passe the recovery for there the recompence shall go to both 30. H. 8. B. Recovery in value 30. 'T was agreed that if tenant in taile the reversion to the King suffers a recovery this shall bind him and his issue but not the King by the common law See now the Statute of thereof that it shall not bind the issue 33. H. 8. B. Recovery in value 31. Taile 41. the end Relation Where an office found for the King shall relate where not See Tit. Intrusion Of the Relation of an Act of Parliament See Tit. Parliament Note that the attainder of Treason by Act of Parliament shall not have elder relation then to the first day of the Parliament except it be by speciall words that he shall forfeit his lands that he had such a day and after 35. H. 8. B. Relation 43. 'T is held for good Law that by attainder of felony by verdict a man shall forfeit all his lands that he had the day of his felony done or ever after for this shall have relation to the Act contra upon an attainder by out lawry For B. seems there that he shall not forfeit but those which he had the time of the outlawry pronounced or after for outlawry hath not relation as a verdict hath Time H. 8. B. Relation 42. the end Relation of an Inrolment See Tit. Faitz inrol Releases Husband and wife purchase in fee and after they lease for years by Indenture and after the husband releases to the lessee and his heirs this is no discontinuance and yet this gives a freehold to the lessee during the life of the husband Per plures without doubt 29. H. 8. B. Releases 81. G. Chancery was possessed of an Indenture and lost it and I. S. found it to whom the said G. C. released all actions and demands and after the said I. S. gave the same Indentrue to John Tison and after the said G. C. brought in action of detinue against the said I. T. who pleaded that the said I. S. found the Indenture and that the said G. C. released to the said I. S. all actions and demandes and after the said I. S. gave the said Indenture to the said I. T. Judgment if action And t' was agreed in the common Bench the case being of land demanded ibidem that this is a good barre and that the release of all demandes shall exclude the party of seisure of the thing and of his entry into the land and of the property of the chattell which he had before And it was moved in the Kings bench and they were of the same opinion and said that the reason is because that entry in land and seisure of goods are demandes in Law 34. H. 8. B. Releases 90. Relief See Tit. Debt Remainder See Tit. Discent Remitter No Remitter against an Act of Parliament See Tit. Parliament Note a Per curiam if Tenant in Taile makes a Feoffement to his use in Fee before the statute of uses made 27. H. 8. and dyes before the said Statâ—te his heir within age and after the Statute is made before the full age of the heir by which the heir is in possession by the Statute he shall not be remitted by it Contrary of a discent after the Satute for this shall be a remitter 34. H. 8. B. Remitter 49 If a man hath a Tittle of entry and not a right of entry as by escheat mortâ—maine assent by a woman to a ravishoâ—â— and the like and takes an estate of thâ— terretenant he shall not be remited for he hath but a Tittle And a maâ— cannot be remitted but in respect oâ— a right before as where a man is diâ—seised and takes an estate of the disseisor he is remitted for he had a right of entry before And the same Law where a man decaies his Tenements or converts Land from tillage into pasture against the Statute and makes an estate for life to his Lord he shall have no other estate for he had but a Title of entry and not a right of entry Quaere for Non adjudicatur 34. H. 8. B.
woman shall lose her name of dignity by marriage ib Notice ib Notice of resignation shall be given by the Ordinary ib Office de Vant. 215 Where the King shall not seise without Office ib Tenant for life the reversion to the King dies ib Full age shal be expressed when 216 Office ought to be certain ib Office findes dying seised but tenuram ignorant ib Where an Office intitles the K. to the Seigniory and Tenancie ib Servitia ignorant ib Melius inquirend ib Foundation not observed 217 Land which is a chattel shall be by office ib Where the King shall seise without office where econtra ib Fees granted to him who after is made Justice ib Steward and after made Justice ib The same man made Bailey and Steward ib Justice of the Forrest and keeper of the Forrest ib Parson created a Bishop 〈◊〉 Forfeiture of office iâ— Steward of a Forrest and Justice ib Authority of the Justice of Forrest 219 Sheriff and Escheater ib Obligation ib A man bound to B. ad usum â— who releases and good ib Oyer of Records c. See Tit. ib Monstrans de Faits ib Oyer and Terminer ib Commission of Oyer and Terminer ib Kings Bench alwaies Justices of Oyer Terminer 220 PAIN Pain for striking a man in the presence of the King ib Panel 221 Part of Aliens and part of Denizens ib Tales Error ib Parliament ib The King shall hold of no man ib What words in acts will revive Seigniories extinct before what not 222 Office for the King ib Remitter shall not be where land is assured by parliament in case of a common person nor in case of the King 223 Lease or charge by Tenant in tail ib Of relation of an act of parliament diversity 218 Pleading of a stat 224 Amendment of the count of the King in another term Contrary of a common person ib Elect new Burgesses ib Parnour taker of the profits ib Recovery against parnour of the profits who is in ward of thâ— King 225 Travers by Feoffees in use ib Pernour ib Patents ib Licence of the K. not pâ—rsued ib K. grants by general words ib Tail extinct by surrender of the Letters Patents â—26 Formedon without shewing the Patent ib Assurance ib Constat Surrender 217 Patentee leases or gives after surrenders his Patent ib Constat Quaere 228 Bailywick or Sheriffwick granted absque compot ib Tol. Fair. Market ib Assise of fresh-force ib Borough English c. ib Diversity betwixt false suggestion and false consideration Quoere 229 Of what Lease recital shall be in the Kings patent of what not ib Recital in a Patent 230 King shall take notice ib Constat inspeximus diversity ib Peace ib Breach of the peace ib Peremptory 231 The first Nihil in a Scire Facias per emptory ib Petition ib Where a man shal have Petition where Travers ib Petition and Travers 233 Pledgee ib Gage delivered for debt ib Distress it as a Gage ib Pleadings ib Averment of his Title ib Recovery by default and action tryed diversiry ib Non tenure no plea in wast Entry to avoid a warranty Seisin during the coverture in Dower ib Averre the like of tenant for life or in Taile ib Where a man shall shew the commencem ent of a use where not 234 Fee Simple Fee Taile ib Plenartie ib Where Plenarty is no plea ib Mortmain Parson inpersonee ib Premunire 235 Where a Prohibition lies and where Premunire ib Premunire lies for a thing which never appertained to the spiritual Court ib Preregative ib Priority and Posteriority ib Land in use 236 Where the King may waive issue where not ib Gift of goods by the King ib Precipe quod redd for the King Escheat 237 Information ib Myne Quere Prescription 238 Custome shal serve where a prescription will not serve ib Presentation ib Two grants de prox presentatione ib Grant de prox presentatione ib The King shall present to anothers benefit by his prerogative for that the ineumbent is made a Bishop 239 Priviledge ib Priviledg shal dismiss the Plaintiff Bill of Middlesex ib Procedendo 240 Where Sureties in London shal remain after the action removed and econtra ib Proclamation ib Pena for making Proclamation without authority Prohibition 241 Surmise to obtain a prohition ib Admiralty ib Property 242 Alien inhabiting before and coming after war proclaimed diversity ib Quare Impedit 243 Presentment of the one Joynt-tenant puts the other out of possession ib Quareâ— Impedit against the presentee of the King sole ib Executors shall not have a writ by Journies by the death of the Testator Diversity 244 Writ and count special ib Writ to the Bishop ib Que estate Whose estate c. 245 Que estate pleaded by the recoveror or disseisor ib Que estate to a mean ib Que tstate of a particular Estate ibid Quinzisme 246 Burrough and Upland ib Tenth and fifteen who payes them and whereof levied ib Quo minus 247 Wager of Law lies not in a Quo minus ib Rationabili paerte c. ib Rationabilisi parte is by the Common law ib Recognisance ib Cognisee purchases and cognisor repurchases ib Recognisance to be recorded by Justices out of term Place ib The King cannot take a Recognisance ib Who may take a Recognisance ib Constable ib Record 249 Exemplification sub quo sigillo ib Court baron Court of Record diversity Where the Record it self shal be removed by writ of error Mittimus Recovery in value 250 This assurance was made by the adviceâ— of Brudnel and others Justices ib Recovery in value to binde the tail ib Recovery to binde him reversion by aid prayer and voucher ib Ancient demesne ib Quere ib Warranty ib Recovery in value shal not go to him in reversion 251 Assurance for to binde the tail Vouch 252 Recovery to binde him in remainder ib Diversity where the remainder onely is warranted and where the estate for life 253 Formedon ib Recovery to binde him in rem c. ibid Joynder in aid ib Relation 254 Relation of forfeiture by act of Parliament ib Relation of forfeiture of felony by verdict and by outlawry diversity ib Releases 255 Release no continuance ib Release of all demands barrs entry and seisure ib Relief see Tit. Debt 256 Remainder see Tit. Discent Remitter The Statute of uses 27. H. 8. doth not make remitter ib Diversity ib Title of entry doth not make â—remitter contary of a right of entry ib quere 257 Repleder Jury discharged by Jeofail ib Rescous see Tit Distress Reservations 258 Soil excepted by excepting of the wood ib Restitution Restitution by Parliament ib Restore al primer action Restored to the first action Remitter to the first action è contra ib Where an action shall be restored after a feoffment where not ib Retorn de avers Return of beasts 259 Discontinuance or nonsuit in second deliverance ib Revivings see Tit. Extinguishment Rit Rout unlawfull assembly
Difference betwixt Riot Rout and Assembly ib Sanctuory See Tit Corone saving default See Tit. Judgement Scire fac ias Second deliverance See Tit. Retorn de aeverse Seisin 262 Seisin by the hands of an intrudor ib Livery ib Distress suspended not Seigniory 262 Seisin of the King loses not the arrerages ib Several precipe Debt and deâ—inue in the same Writ ib Several tenancy 263 Uncertain demand in an assise Statute Merchant Part of the land extended in the name of all no reextent ib proces in another County upon a nihil returned upon a testatum est ib Deiberate ib Surrender ib When a man may hold the land beyond his term upon a Statute 264 Judgement ib Reversion not extendable ib Diversity betwixt a purchase after the Statute and before execution and where t is purchased after execut ' had 265 Execution by Executors in the name of the Conusee who is dead ib Execution for the Executors of the Conusee 267 Conusor returned dead ib Retorn of extendi facias liberate ib Supercedias 268 Attaint ib Sureties Death of the King id Surrender 268 Surrender extra terram ib Trespas ib The King cannot record a surrender ib Surrender by the first termor ib Termor makes the Lessor his Executor 279 He in remainder surrenders where there is a Lease for years in possession ib Suitor Two suitor onel Coyurt Baron ib Taile 270 Single voucher and double voucher diversitie ib Where the assets aliend shall be a bar in a Formedon where not 271 Two sons by divers venters ib Collateral warranty by release ib Quere ib Taile extinct ib Surrender ib Tenant at will 272 Tenant by sufferance and at will ib Disseisor ib Tennant by Copy ib Formedon in discender by a copy-holder ib Intendment ib Where Tenant at will or a termor of a Mannor may grant copy-hold for life 273 Demise rendring the ancient rent or more ib Tenant by sufferance See Tit. Tenant at will ib Tender ib What shall be the attendance in a condition ib Diversity 274 Condition of reentry for non payments ib At what time the lessee ought to make tender ib Tender upon the land â—e contra ib Tenures 275 Tenant makes a Feoffment of a moyety this is not pro praticula The like matter in the Cheq 5. H. 6. Ro. 4. ex parte ib Remember Thesaurarij 276 Tenure in capite ib Et de honore diversity ib Ouster I' main ib Socage in capite ib Diversity ib To hold by suite of court ib Court Mannor 277 Testament 277 Where a man shall have for life and where see simplely devise ib Payment by the Heir Executor or Assignee ib Quere ib Will of 3 Mannor by the stat 32. H. 8. 278 Testament cannot be without Execut. ib Where a legacy or devises shall be good though the devisor names no Executors ib Feoffment of all after the Stat. of 32 H. 8. ib Ward 279 Primer Seisin ib Explanation of Wills by Stat. 34 and 35 H. 8. ib. Testmoignes Witnesses 279 Age of Witnesses in Etate proband ib Titles 280 See Tit. Pleadings ib Travers of Office 280 Title made upon traverse tendered ib Traverse dying seized found by Office ib Termor cannot traverse 281. Monstrance de droit ib Traverse against the King ib Where the King shall have Prerogative where not ib. Non-suit in Traverse and Petition diversity ib. Judgement in Traverse ib. Travers by c. 282 Action upon the Case for making of false clothes ib. Seisin in Fee Traversed in Assize ib. The King shall waive his issues contra of an Informer ib. Without that that he had any thing 283 The mean conveyance in the Title shall not be traversed where the Plaintiff in his Title binds the Defendant ib. Remitter ib. Seisin in Fee traversed 284 Treason Misprision of Treason ib. Where Tryall shall be per pares 285 Forfeiture for misprision of Treason 286 Compasse or imagine ib. What shall be said Treason ib. Deprive ib. Quaere ib. Fine for misprision of Treason ib. Alien commits Treason 287 Diversity ib. Trespas 287 Quare vi armis of taking in anothers soil ib. Tryall 288 Tryal of a Peer of the Realm arrained upon an Indictment and appeal diversity ib. Tryall in Court Baron by wager of Law ib. Tryall of the Law shall bee by the Justices and of a particular custome per patriam ib. Tryall of a Bishop 289 Variance 289 Quare imped and the Writ and the Deed vary ib. Verdict 289 Verdict at large in a Writ of entry ib. Villeinage 290 Asserts in their hands ib. Diversity ib. Where the King shall have the Villeine of another in Ward or Ideot ib. Quaere ib. Voucher 291 See B. Tit. Voucher ib. Usury 291 Diversity where the day is certain and where incertain to make usury ib. Defeasance ib. Usury and where not 292 Waife 292 Waives his proper goods for Fellony ib. Waste 29â— Waste by a Termor who dyes before action broughâ— ib. Cutting of Beech of 20. 0â— under 20. yeers of age shall be Waste 293 Locus vastat waste in hedg-rows ib. Where the Termor may take all the under-wood eâ— contra ib. Silva cedua 294 Waste for not covering of a new frame and house ib. Waste by the Heir ib. A man shall be named Heir or Executor in the Premises and not in the alias dictus ib. Conclusion to the Writ 295 Abridgment HOlden by the Prothonatories of the Common Bench in Trespass of Battery That of such matters which lie in Conusance of the Justices they may increase dammages after a Verdict upon Issue otherwise of such matter which lies not in their Conusance as Trees cut But yet there they may increase costs 3. Mar. 1. B. Abridgement 36. the end Acceptance Note By Fitzjames and Englefield Justices if Tenant in Dower Leases for years rendring rent and dies the Lease is void and acceptance by the Heir of the Rent will not make the lease good for t was void before otherwise of voidable Leases 22. H. 8. B. Acceptance 14. If Tenant in Taill Leases his land for twenty years rendring rent and dies and the Lessee leases to another for ten yeares and the issue accepts the rent of the second Lessee this is no affirmance of the Lease for there is no privity between the second Lessee and him contrary if he paies it as Bayliff of the first Lessee and B. seems if the first Lessee had Leased over all his Term in parcel of the land let and this Assignee paies the rent to the issue in tail that this affirms the entire Lease for Rent upon a Lease for years is not apportionable 32. H. 8. B. Acceptance 13. Tenant in Tail the Remainder over Leases for years rendering Rent and dies without issue he in the Remainder accepts the rent this shal not binde him because that when the tail is determind all that is comprised within it is determined and so the Lease void and he in the Remainder