Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	common_a	error_n	plea_n	2,544	5	10.2333	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A47718	The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.; Reports and cases of law argued and adjudged in the courts at Westminster. Part 3	Leonard, William.	1686 (1686)	Wing L1106; ESTC R19612	343,556	345

In the Common Pleas. 1 And. 27. THe Case was That the Bishop of Exeter leased certain Lands in the County of Devon for years rendring Rent payable in Exeter aforesaid with Clause of Re-entry and the Bishop of Exeter had a Palace in Exeter aforesaid It was the Opinion of the Iustices in this Case That the Rent ought to be demanded at the said Palace and not elsewhere And if that the Lessee come to the Common Gate of the said Palace and there tender the Rent it is a good tender without more be the Gate shut or open notwithstanding that the Bishop be within the Palace and that neither he nor any of his Servants be at the Gate for to receive it for the Lessee is not tyed to open the Gate of the Palace if it be shut nor to enter into the Palace if it be open X. Mich. 4 and 5 Phil. and Mary In the Common Pleas. COpyhold Land was surrendred to the use of the Wife for life the remainder to the use of the right Heirs of the Husband and Wife The Husband entred in the right of his Wife It was the Opinion of the Iustices in this Case That the remainder was executed for a Moyety presently in the Wife and the Husband of that was seised in the right his Wife and the Wife dying first that her Heir should have it 1 Roll. Lane and Pannel's Case But if the Husband had died first his Heir should have had one Moyety XI Joscelin and Sheltons Case Mich. 4 and 5 Phil. and Mary In the Common Pleas. More Rep. 13. IN an Action upon the Case the Plaintiff declared That the Defendant in Consideration that the Son of the Plaintiff would marry the Daughter of the Defendant assumed and promised to pay to him 400 Marks in 7 years next ensuing by such portions And upon Non Assumpsit pleaded It was found for the Plaintiff It was Obiected in Arrest of Iudgment That one of the said 7 years was not incurred at the time of the Action brought c. and that appeared upon the Declaration so as the Plaintiff had not cause of Action for the whole Mony promised And for that cause the Writ was abated by the Court by award although it was after Verdict See Br. Title Action upon the Case 108. XII 2 and 3 Phil. and Mary In the Common Pleas. IN an Assise against 4. they were at Issue upon Nul Tenant del Franktenement nosme en le brief And it was found by the Assise That two of them were Disseisors and two Tenants And after Verdict and before Iudgment one of those who were found Tenants died And that was moved in Arrest of Iudgment But it was not allowed of by the Court Because the parties had not day in Court to plead it But it was said That after Iudgment given a Writ of Error lieth In the Time of Queen Elizabeth XIII Canons Case 1 Eliz. In the Common Pleas. UPon an Evidence to a Iury in the common-Common-Pleas 1 Roll. 839. Vpon an Issue there this Deed was given in Evidence viz. Sciant praesentes futuri Quod Ego Richardus Canon filius haeres Richandi Canon Dedi Concessi hac praesenti carta mea Confirmavi Willielmo Compton Militi Omnia Terr Tenementa c. ad usum mei praed Richardi Joannae uxoris meae pro termino vitae absque impetitione Vasti ac etiam rectorum haered mei praefat Richardi assignatorum meorum post decessum mei praefat Richardi Joannae uxoris meae Et si contingat me praefat Richardum obire sine exitu de Corpore meo procreato Tunc Volo quod omnia dict Terr Tenementa remaneant Tho. fratri meo rectis haeredibus de Corpore suo procreatis haeredib assignat eorum And it was the Opinion of the Iustices That a good Estate tail was by that Deed limited to the said Richard in use after the death of his Wife XIV Holt and Ropers Case 2 Eliz. In the Common Pleas. IN a Replevin by Holt against Roper the Case was J. Abbot of W. Leased to T.M. Knight a Close of Land in B. for 44 years Post 242. 243. who thereof possessed was attainted of misprision of Treason and so forfeited to the King who seised the same The Abbot and his Covent surrendred 31 H. 8. the King Leased the same to Roper for 21 years and died King Ed. 6th in the fourth year of his Reign Leased the same to one Philips To have and to hold after the Term to T.M. ended for 21 years Roper surrendred to Queen Mary who Leased the same again to Roper for 30 years In this Case It was adjudged That the Lease made to Phillips was utterly void for that the King was deceived in his Grant For the Lease made to F.M. was long time before determined by extinguishment in the Person of the King who had it by forfeiture upon the Attainder of T.M. and the Statute of 1 E. 6. Cap. 8. shall not help that Lease notwithstanding the Non-recital or Mis-recital of Leases made before For here is not matter of recital but matter of Estate and Interest which is not well limited for the Commencement of it i. the Lease to Phillips For there is not any certainty of the Commencement of it For that Lease cannot begin after the Surrender of Roper for the words of the Limitation of the beginning of it cannot serve to such Construction XV. 2 Eliz. In the Common Pleas. A Term for years is devised to A. The Executors of the Devisor entred into the Land devised to the use of the Devisee It was the Opinion of the Court That the same was a sufficient possession to the Devisee XVI 3 Eliz. In the Common Pleas. TWo Coparceners were of a Reversion the one of them granted his Interest in it by Fine to another It was holden in that Case That the Conusee should have a Quid juris clamat for a Moyety of the said Reversion XVII Mich. 4 Eliz. In the Common Pleas. THe Lessor mortgaged his Reversion in Fee to the Lessee for years and at the day of Mortgage for payment of the Mony he paid the Mony It was holden in this Case That the Lease for years was not revived but utterly extinct XVIII Mich. 4 Eliz. In the Common Pleas. J.N. Cestuy que use in tail 14 H. 8. by Indenture between him on the one part and J.S. of the other part In Consideration of a Marriage between his Son and Heir apparent and Joan Daughter of the said J.S. to be had Covenanted with the said J.S. That neither he nor any of the Feoffees seised to his use have made or hereafter shall make any Estate Release Grant of Rent levy any Fine or do any other Incumbrance whatsoever of any of his Mannors Lands c. But that all the said Mannors c. shall immediately descend or remain to his said Son and the Heirs

Lease of my House during her life and after her death I will it go amongst my Children unpreferred Peerepoint died his Wife entred and was possessed virtute legationis praedictae And took to Husband one Fulsehurst against whom Beswick recovered in an Action of Debt 140 l. Vpon which Recovery issued a Scire facias and upon that a Vendit ' Exponas upon which the Sheriff sold the Term so Devised to one Reynolds Fulsehurst died his Executor brought Error and reversed the Iudgment given against the Testator at the Suit of Beswick the Wife re-entred sold the Term and died Alice a Daughter of Peerepoint unpreferred entred And upon this matter found by Special Verdict in the Common Pleas The Entry of Alice was adjudged lawful Vpon which Iudgment Error was brought in the Kings Bench And it was argued upon the words of the Devise because here the Lease is not Devised but all his Interest in the thing Devised And it is not like to the Case between Welden and Elkington 20 Eliz. Plow Com. 519. where the Case was that Davies being Lessee for years Devised That his Wife should have and occupy his Land demised for so many years as she should live Nor unto the Case betwixt Paramour and Yardley 21 Eliz. Plow Com. 539. For there the Lessee Devised That his Wife should have the Occupation and Profits of the Lands until the full age of his Son For in those Cases the Land it self is quodam modo devised But in our Case all the Estate is Devised i. e. the Lease it self And also in those two Devises a certain person is named in the Will who should take the residue of the Term which should expire after the death of the Wife but in the Case at Bar no person in certain is appointed c. but the Devise as to that is conceived in general words Children unpreferred Ergo neither any Possibility nor any Remainder is in any person certain therefore all the whole Term is intirely in the Wife and then she may well dispose the whole But the whole Court was to the contrary and that in this Case the Possibility should rise well enough upon the death of the Wife to the Daughter Alice unpreferred Another Point was moved If the said Term being sold in the possession of the Wife of the Devisor by force of the Execution aforesaid If now the Iudgment being reversed the sale of the Term should be also avoided for now the party is to be restored to all that which he had lost And by Cook it was argued That notwithstanding the reversal of the Iudgment the sale should stand For the Iudgment for the Plaintiff in a Writ of Error is That he shall be restored to all that which he lost ratione Judicii praedict and the Iudgment was That the Plaintiff should recover 140 l. and therefore by the Iudgment in the Writ of Error he shall be restored to so much but the mean Act scil the Sale of the Lease shall stand and shall not be defeated and avoided As 7. H. 6. 42. A Statute Staple is bailed in Owel Mayn the Conusee brings Debt against the Bailee and hath Iudgment to recover the Statute and upon that Suit he had Execution and the Bailee brought a Writ of Error to reverse the Iudgment in Detinue yet the Execution shall stand and an Audita Querela doth not lie for the Conusor And see 13 E. 3. Fitz. tit Bar. 253. Accomptant found in arrearages committed to the Goal escaped and reversed the Iudgment given against him in the Accompt Ex parte talis yet an Action upon the Escape did lie And as to that Point the whole Court was of the same Opinion with Cook But that Point did not come in Iudgment For by the sale nothing passed but the Interest in praesenti which was in the Wife of the Devisor but the Possibility to the Children unpreferred was not touched by it And afterwards the Iudgment was affirmed CXXIX Bunny and Bunny's Case Hill. 26 Eliz. In the Common Pleas. IN an Action of Covenant between Bunny and Bunny the Plaintiff declared That the Defendant had Covenanted to find unto the Plaintiff Meat and Drink at the House of the Defendant The Defendant pleaded That he was always ready to find the Plaintiff Meat and Drink if he had come to his House to have taken it Et de hoc ponit se super Patriam And it was found for the Plaintiff And in this Case the Court awarded That the parties should replead For in all Cases where the Defendant pleads matter of excuse not contained in the Declaration as here he shall say Et hoc paratus est verificare in the perclose of his Plea But if the Defendant had pleaded That he had given the Plaintiff according to the Covenant Meat and Drink then the Conclusion of his Plea had been good Et de hoc ponit se super Patriam c. CXXX Hill. 26 Eliz. In the Kings Bench. IN an Action upon the Case supposing certain Goods to have come to the hands of the Defendant and that he had wasted them and shewed in what manner The Defendant pleaded Not guilty And it was found by Verdict That the Goods c. came to the Defendants hands and that he had wasted them but in another manner than the Plaintiff had declared It was the Opinion of the whole Court That upon this Verdict the Plaintiff should not have Iudgment As in an Action of Trespass the Plaintiff declared That the Defendant had distrained his Horse and travelled riding upon him And the Iury found That the Defendant did distrain the Horse and killed him In that case it was holden The Plaintiff should not have Iudgment So in an Action upon the Case the Plaintiff declares upon a Promise upon one Consideration and the Iury find the Promise but that it was upon another Consideration in such case the Plaintiff shall not have Iudgment Adjudged for the Defendant CXXXI Merry and Lewes's Case Pasch 26 Eliz. In the Common Pleas. MErry brought an Action upon the Case against William Lewes 2 Len. 53. Executor of David Lewes late Master of St. Katherines juxta London And Declared That the said David in Consideration That whereas Quaedam pars Domus fratrum sororum Sanctae Katherinae fuit vitiosa in decasu the said Merry ad requisitionem dicti Davidis repararet eandem promised to pay the said Merry all such monies as the said Merry expenderet in such Reparations And declared further That eandem partem Domus praedict reparavit c. And upon Non Assumpsit It was found for the Plaintiff It was Objected in Arrest of Iudgment That the Declaration is too general Quaedam pars Domus For the Plaintiff ought to have shewed especially what part of the House in certainty as the Hall Chamber or other Rooms But the Exception was disallowed Another Objection was Because he set forth in the Declaration That the

of the said Lands A. brought an Action of Covenant The Defendant pleaded That before the day of payment the Plaintiff put the said B. out of his Farm It was moved by Godfrey That the same is no plea For this is a Collateral sum and not for Rent issuing out of the Land Also the Defendant is a stranger to the Contract for the Farm. But the Opinion of the whole Court was clear to the contrary For the Defendant hath Covenanted That the Lessee shall pay for the said Farm and Occupation 40 l. so as it is as a Conditional Covenant and here is Quid pro quo and here the Consideration upon which the Covenant is conceived scil the Farm and the Occupation of it is taken away by the Act of the Plaintiff himself and therefore the plea is good and the Action will not lie CCVII. The Archbishop of York and Morton's Case Pasch 29 Eliz. In the Common Pleas. THe Archbishop of York recovered in an Assise of Novel Disseisio against one Morton before the Iustices of Assise 1 Len. 55. upon which Iudgment Morton brought a Writ of Error retornable before the Iustices of the Common Pleas And after many Motions at the Bar it was adjudged That a Writ of Error upon such Iudgment doth not lie in the said Court. Which see 8 Eliz. Dyer 250. See also N. B. 22. e. That upon Erroneous Iudgment given in the King Bench in Ireland Error shall be in the Kings Bench in England 15 E. 3. Error 72. And Fenner who was of Counsel with the Archbishop demanded of the Court How and in what manner the Record shall be sent back to the Iustices of Assise so as the said Archbishop might have Execution To which the Court answered That the surest way is to have a Certiorari out of the Chancery into the Common Pleas directed to the Iudges there and then out of the Chancery by a Mittimus to the Iustices of Assise But Fenner made a doubt to take such Course for such remanding Then Anderson Chief Iustice said Sue Execution out of the said Record for in as much as the Record came before us by Writ of Error it shall also be removed and sent back by Writ And so it was done CCVIII The Queen and Hurleston's Case Hill. 29 Eliz. In the Kings Bench. 2 Len. 194. THe Queen brought a Scire facias against Hurleston to Repeal a Patent made to him of the Constableship of Chester and Iudgment was given for the Queen And now Hurleston brought a Writ of Error against the Queen in the Kings Bench. And it was moved by Gawdy Serjeant That the Writ did not lie for the manner for that he ought first to have sued to the Queen by Petition See 22 E. 3. 3. 23 E. 3. Fitz. Error 9. If the King recover by an Erronious Iudgment a Writ of Error cannot be granted upon such a Recovery sine gratia Regis speciali And he said That in Chester they have Courts of Common Pleas Kings Bench Exchequer and Chancery And that if Iudgment Erronious be given in the Chancery at Westminster It cannot be reversed but by Parliament and so it is of an Erronious Iudgment given in the Chancery at Chester Also he said They have a Custom in London That within one month they may reverse their own Iudgment See 23 Eliz. Dyer 376. Erronious Iudgment given in the 5 Ports cannot be reversed in the King Bench but it is reversable in the Court of the Guardian of the 5 Ports Clench Here both the parties claim by the Queen therefore there needeth no Petition for valeat quantum valere poterit it is no prejudice to the Queen Cook There needs no Petition here for the Attorny General hath subscribed our Writ of Error Egerton Sollicitor General It was the Case of Eliz. Mordant who was to reverse a Fine levied during her Nonage and the proceedings were stayed because she had not sued to the Qeen by Petition See the Case of 24 E. 3. 35. the Case of William de Ingularby who sued to reverse a Iudgment given against him in a Writ of Conspiracy in the Eyre of Derby and there it was said by Thorp Iustice That he must first sue to the King by Petition Wray An Outlawry may be reversed by bringing a Writ of Error without suing Petition to the King. CCIX. Beckwith's Case Hill. 29 Eliz. In the Common Pleas. 5 Co. 19. ROger Beckwich by Indenture Tripartite between him of the first part William Vavasour Frances Slingsby and Elizabeth Sister of Roger of the second part George Harvey and Frances Wife of the said George the said Frances being another of the Sisters of the said Roger of the third part Covenant with the aforesaid William Vavasour and Frances Vavasour his Daughter and with the aforesaid George and Frances cum quolibet qualibet eorum That the said Roger at the sealing and delivery of the said Indenture was lawfully and solely seised of the Rectory of Aldingfleet in the County of York discharged of all Incumbrances Francis Vavasour took to Wife Frances Slingsby And Note That by the same Indenture Roger Beckwith Conveyed the said Rectory to the said Francis Vavasour Francis Slingsby and Frances his Wife brought an Action of Covenant against the said Roger Beckwith and assigned the Breach in this That the said Roger was not seised of the said Rectory And Note That the Plaintiff declared of an Indenture bearing date at the Castle of York And upon the breach of the Covenant they were at Issue which was found for the Plaintiff and damages assessed and Iudgment given for the Plaintiff And Note That the Venire facias was de Vicineto Castri de York And upon that Iudgment a Writ of Error was brought in the Exchequer upon the new Statute and Error was assigned because all the Covenanters ought to have joyned in the Action of Covenant notwithstanding those words cum quolibet cum qualibet which words do not make the Covenant to be several And for that cause the Iudgment was Reversed Another Error was assigned because the Issue is not well and duly tryed For the Issue is upon the seisin of the Rectory of Aldingfleet in which case the Venire facias ought to have been de Vicineto de Aldingfleet And of that Opinion was Manwood and Anderson Iustices CCX Young and Ashburnsham's Case Hill. 29 Eliz. In the Common Pleas. IN an Action of Debt brought by the Administrators of Young against Ashburnham The Defendant pleaded Nihil debet And the Enquest was taken by default And upon the Evidence given for the Plaintiff the Case appeared to be this That the said Young was an Innholder in a great Town in the County of Sussex where the Sessions used to be holden And that the Defendant was a Gentleman of Quality in the Country there And he in going to the Sessions used to lodge in the house of the said Young and there took his lodging

of Bargain and Sale and he hath not election to take the Land by way of Livery But when all is in one Deed and takes effect equally together in such case the Grantee hath Election but here in this Case the Bargain and Sale the Deed being Inrolled doth prevent the Livery and taketh his full effect before And by Wray and Catline If he in the Reversion upon a Lease for years grants his Reversion to his Lessee for years by words of Dedi Concessi Feoffavi and a Letter of Attorny is made to make Livery and Seisin the Donee cannot take by the Livery for that the Lessee hath the Reversion presently XL. Mich. 14 Eliz. IN an Ejectione Firmae the Case upon Evidence appeared to be thus The Bishop of Rochester Anno 4 E. 6. Leased to B. for years rendring Rent and afterwards granted the Reversion to C. for 99 years rendring the ancient Rent To have from the day of the Lease without impeachment of Waste which Grant was confirmed by the Dean and Chapter But B. did not Attorn And for default of Attornment It was holden by the whole Court That the Lease was void for it is made by way of grant of a Reversion and to pass as a Reversion But by Catline If the Bishop had granted the Reversion and also demised the Land for 99 years it should pass as a Lease to begin first after the former Lease determined And as to the Attornment it was given in Evidence That B. after the notice of the Grant to C. spake with C. to have a new Lease from him because he had in his Farm but 8 years to come but they could not agree upon the price And the Iustices were of Opinion That that was an Attornment because he had admitted the said C. to have power to make a new Lease unto him Also the said B. being in Company with one R. seeing the said C. coming towards him said to the said R. See my Landlord meaning the said C. Bromley Sollicitor That is no Attornment being spoken to a stranger Barham contrary because he was present And it was held by the whole Court to be a good Attornment But it was holden That if the Attornment was not before that the Bishop was translated to Winchester That the Lease should be void and although that the Confirmation of the Dean and Chapter was before the Attornment so as no Estate had vested in C. yet it is good enough for the assent of the Dean and Chapter is sufficient whether it be before or after by Catline Southcote and Whiddon Wray contrary XLI Mich. 14 Eliz. THe King seised of a Mannor to which an Advowson is appendant a Stranger presents and his Clerk is in by 6 months The King grants the Mannor with all Advowsons appendant to it to B. The Incumbent dieth The Grantee may present For the Advowson was always appendant and the Inheritance thereof passeth to the Grantee and is not made disappendant by the usurpation as in the case of a common person for the King cannot be put out of possession But the Patentee shall not have a Quare Imped of the first disturbance for that presentment doth not pass to him being a thing in Action without mention of it in his Grant. And if the Patentee bringeth a Quare Impedit of the second Avoydance he shall make his Title by the presentment of the King not making mention of the usurpation yet if the Bishop presenteth for Lapse in the case of a common person he ought to make mention of it for that is his Title to the Presentment c. XLII Humfrey and Humfrey's Case Mich. 14 Eliz. In the Common Pleas. BEtween Humfrey and Humfrey the Case was That the Defendant in Debt after Iudgment aliened his Land and the Plaintiff sued forth Execution upon the new Statute And the Court of the Request awarded him to the Fleet because that he sued forth Execution Whereupon the Iustices of the Common Pleas awarded a Habeas Corpus and discharged the Plaintiff It was said by Bendloes Serjeant That the Chancery after Iudgment could not enjoyn the party that he shall not sue forth Execution for if they do the party shall have his remedy as above XLIII Mich. 14 Eliz. In the Kings Bench. A Man seised of Copyhold Lands Deviseth a certain parcel of them to his Wife for life the remainder to his Brother and his Heirs And afterwards in the presence of 3 persons of the Court said to them I have made my Will and I have appointed all things in my Will as I will have it And afterwards he said And here I surrender all my Copyhold Lands into your hands accordingly And it was moved If all his Copyhold Lands should be to his Wife or by those which were specified in the Will. And the Opinion of the whole Court was That the Surrender is restrained by the Will so as no more passeth to the Wife upon the whole matter but that which is mentioned in the Will and the general words shall not enlarge the matter XLIV Hill. 14 Eliz. In the Common Pleas. LAnds were devised to the Mayor Chamberlain and Governors of the Hospital of St. Bartholomew in London whereas in truth they are Incorporated by another name yet the Devise is good by Weston and Dyer which Manwood also granted because it shall be taken according to the intent of the Devisor And it was said by Weston If Lands be devised to A. eldest Son of B. although that his name be W. yet the Devise to him is good because there is sufficient certainty c. XLV Pasch 14 Eliz. In the Common Pleas. THe Case was A. seised of Lands deviseth the same to his Wife for life the remainder to his three younger Sons and to the Heirs of their bodies begotten equally to be divided amongst them by even portions and if one of them die then the other two which survive shall be next Heirs The Devisor dieth One of the Sons dieth and by Dyer and Weston Iustices The 3 Brothers were Tenants in Common in remainder But contrary it is where such a Devise is made between them To be divided by my Executors c. there they are Ioynt-Tenants until the division is made but here although the words are Equally to be divided the same is not intended of a Division in fact and possession but of the Interest and Title For if a Man bringeth a Praecipe quod reddat de una parte Manerii de D. in 7 parts to be divided it is not intended divided in Possession but divided in Interest and Title And it was said by the said Iustices That although one of the Brothers dieth the two surviving Brothers have his part by purchase and not by descent and they are Ioynt-Tenants of it And this was the Case of one Webster and Katherine his Wife the late Wife of John Bradbury XLVI Pasch 14 Eliz. In the Common Pleas. THe Case was Lessee for years of the

Wife the Executrix should be charged for the not Reparations as well in the time of her Husband as in her own time And if she do make the Reparation depending the Suit yet thereby the Suit shall not abate but it shall be a good cause to qualifie the damages according to that which may be supposed that the party is damnified for the not repairing from the time of the purchase of the Reversion unto the time of the bringing of the Action And it was said by Manwood That by the Recovery of the damages that the Lessee should be excused for ever after for making of Reparations so as if he suffer the Houses for want of Reparations to decay that no Action shall thereupon after be brought for the same but that the Covenant is extinct LXXIII Easter Term. 15 Eliz. In the Common Pleas. LOvelace moved the Court that in the Kings Bench this case was argued upon a Demurrer there A Feoffment was made by one Coxley who took back an Estate for life the remainder to him who should be his Heir at the time of his death and to the Heirs males of his body begotten And afterwards the Tenant for life after the Statute of 32 H. 8. suffered a Recovery to be had against him that that Recovery was good as it was at the Common Law Because the Statute doth not speak but that it shall not be a bar to him who hath the Reversion at the time of the Recovery but this remainder was in Abeyance until the death of the Tenant for life and that in the same Court it was adjudged accordingly in an Ejectione firmae and because the same was a discontinuance the Plaintiff had here brought his Formedon in the Remainder and therefore Lovelace prayed That they might proceed without delays because the Plaintiffs Title appeareth without Essoigns and feigned delays Which Dyer Iustice conceived to be a reasonable request and that it should be well so to do because as he said This Court is debased and lessened and the Kings Bench doth encrease with such Actions which should be sued here for the speed which is there And he said That the delays here were a discredit to the Court so as all Actions almost which do concern the Realty are determined in the Kings Bench in Writs of Ejectione firmae where the Iudgment is Quod recuperet terminum and by that they are put into possession and by such means no Action is in effect brought here but such Actions as cannot be brought there as Formedons Writs of Dower c. to the Slander of the Court and to the Detriment and Loss of the Serjeants at the Bar. And Lovelace shewed That divers mean Feoffments were made c. LXXIV Mich. 15 Eliz. In the Common Pleas. NOte This Case was in Court An Heir Female was in Ward of a common person who tendred to her a marriage viz. his younger Son and she agreed to the Tender and the Guardian died The Heir married the younger Son according to the Tender The Executors of the Guardian brought a Writ de Valore Maritagii supposing the Tender by the Lord to be void by his death But the Court was of a contrary Opinion because the Tender of their Testator was executed LXXV Riches Case Mich. 15 Eliz. In the Common Pleas. ELizabeth Rich brought a Writ of Dower against J.S. who pleaded and Iudgment given for the Defendant and afterwards the Iudgment was reversed And she brought a new Writ of Dower and the Tenant pleaded That he always was ready and yet is c. Against which the Demandant pleaded the first Record to estop the Tenant To which the Tenant pleaded Nul tiel Record It was the Opinion of the Court That here the Demandant cannot conclude the Tenant by that Replication to plead Nul tiel Record For the Iudgment is reversed and so no Record and it cannot be certified a Record But if the Tenant had taken Issue upon the plea of the Tenant absque hoc that he was ready the same might well have been given in Evidence against the Tenant Note That the Case was That the Demandant after the death of her Husband entred into the Land in Demand and continued the possession of it 5 years and afterwards the Heir entred upon which she brought Dower It was agreed in that Case That the Tenant needed not to plead Tout temps prist after his re-entry for the time the Demandant had occupied the same is a sufficient recompence for the Damages LXXVI Vavasors Case Mich. 15 Eliz. In the Common Pleas. NIcholas Ellis seised in Fee of the Mannor of Woodhall Leased the same to William Vavasor and E. his Wife for the life of the Wife the remainder to the right Heirs of the Husband The Husband made a Feoffment in Fee to the use of himself and his Wife for their lives the remainder to his right Heirs The Husband died the Wife held the Land and did Waste in a Park parcel of the Mannor It was moved to the Court If the Writ of Waste should suppose that the Wife held ex dimissione Nicholai Ellis or ex dimissione of her Husband It was the Opinion of the Court That upon this matter the Writ should be general viz. that she held de haereditate J.S. haeredis c. without saying any more either ex dimissione hujus vel illius For she is not in by the Lessor nor by the Feoffees but by the Statute of Vses and therefore the Writ shall be ex haereditate It was also the Opinion of the Iustices That the Wife here is not remitted but that she should be in according to the Term of the Feoffment Note in this Case The Waste was assigned in destroying the Deer in the Park And Meade Serjeant conceived That Waste could not be assigned in the Deer unless the Defendant had destroyed all the Deer And of that Opinion also was Dyer Manwood said If the Lessee of a Dove-house destroyed all the old Pigeons but one or two couple the same is Waste And if a Keeper destroy so many of the Deer so as the ground is become not Parkable the same is Waste although he doth not destroy them all See 8 R. 2. Fitz. Waste 97. If there be sufficient left in a Park Pond c. it is enough LXXVII Mich. 15 Eliz. In the Common Pleas. AN Action upon the Case was brought against Executors They were at Issue Vpon nothing in their hands It was given in Evidence on the Plaintiffs part That a stranger was bound to the Testator in 100 l. for performance of covenants which were broken For which the Executors brought Debt upon the Obligation depending which Suit both parties submitted themselves to the Arbitrament of A. and B. who awarded That the Obligor should pay to the Executors 70 l. in full satisfaction c. and that the Executors should release c. which was done accordingly And it was agreed by the Court That by the Release it

former Lease determined And as to the Attornment it was given in Evidence That B. after the notice of the Grant to C. had speech with C. to have a new Lease from him because he had in his Term but 8 years to come but they could not agree upon the price And it was the Opinion of the Iustices That the same was an Attornment because he had admitted the said C. to have power to make to him a new Lease Also the said B. being in Company with one R. and seeing the said C. coming towards him said to the said R. See my Landlord meaning the said C. Bromley Sollicitor The same is no Attornment being spoken to a Stranger Barham contrary Because that C. was present And it was holden to be a good Attornment But if that Attornment was not before that the Bishop was translated to Winchester the Lease should be void And although the Confirmation of the Dean and Chapter was before the Attornment so as no Estate was vested in C. yet it was good enough For an assent of the Dean and Chapter is sufficient be it before or after as it was holden by Catline Southcote and Whiddon But Wray contrary XCI Norwich and Norwich's Case Trin. 18 Eliz. In the Kings Bench. HEnry Norwich was bound by Obligation to Symon Norwich upon Condition To stand to the Award of J.S. who awarded That the said Henry should pay to Symon 150 l. at such a day And that the said Henry should find 3 Sureties to be bounden with him to the said Symon for the payment of another sum of Mony to the said Symon In Debt upon this Obligation Henry pleaded As to the 150 l. payment and as to the other point That he was always ready to become bounden c. And as to the finding of Sureties he demanded Iudgment for that as to that the Arbitrament is void See 22 H. 6. 45. 17 E. 4. 5. 21 E. 4. 75. It was holden That in such a case of such Award to find Sureties the Defendant is not to find Sureties but is only to tender his Obligation And of that Opinion was the whole Court Because it was an Act to be done by a stranger to the Award But if the Award had been of an Act to be done to a stranger by him who was party to the Award then the Award had been good But if the stranger will not accept of the Monies awarded his Obligation is saved So if the Award be That one of the parties to the Award shall discontinue a Suit which he hath against another If the Court where the Action is depending will not suffer the discontinuance of it the Award is performed And in the principal Case It was ruled accordingly Note The same day another Case was in the same Court Between Dudley and Mallery The Condition was to perform an Award c. The Defendant pleaded performance of the Award The Plaintiff assigned the breach of the Award in this because the Award was That the Servant of Mallery should pay to the Servant of Dudley 5 l. which the Defendant had not paid It was the Opinion of the Court That the Bond was not forfeited for the Servants utriusque are strangers to the Submission But if the Award had been That Mallery should pay to the Servant of Dudley 5 l. it had been good for that Mallery is a party to the Submission c. XCII Rivers and Pudsey's Case Hill. 19 Eliz. In the Kings Bench. JOhn Rivers Alderman of London brought a Writ of Accompt against Pudsey who said That at the time c. and now he is the Plaintiffs Apprentice and demanded Iudgment c. And it was holden by Wray Iustice That it is no Plea for although an Apprentice cannot be charged by this Action for ordinary Receipts upon his Masters Trade yet upon collateral Receipts which do not concern the ordinary Trade of his Master he shall be charged as well as another See 8 E. 3. tit Acc. 94. And F.N.B. 119. XCIII Potkins Case Hill. 19 Eliz. In the Kings Bench. IN Debt upon an Obligation by Potkin The Defendant pleaded That he himself borrowed of one Watson a certain sum of Mony paying for the forbearance thereof excessive Vsury And that the Plaintiff was bound with the said Defendant to the said Watson for the payment thereof and that he himself by this Obligation upon which the Action is brought was bound to the said Plaintiff to save him harmless against the said Watson c. And because that this Bond was a Counter-Bond for the payment of Excessive Vsury c. And it was holden by Manwood That the same was a good Bar for here the Plaintiff when he was impleaded upon the principal Bond might have discharged himself upon this matter and therefore his Lachess shall turn to his prejudice and therefore the Issue was joyned upon the excessive Vsury XCIV Abrahall and Nurse's Case Hill. 19 Eliz. In the Common Pleas. JOhn Abrahall brought a Writ of Right-Close against John Nurse in the Court of George Earl of Shrewsbury and made protestation to prosecute that Writ in the form and nature of the Writ of the Lady the Queen of Assise of Novel disseisin at the Common-Law and made his Plaint accordingly And afterwards the Assise was taken who spake for the Plaintiff Whereupon Abrahall had Iudgment to recover After which Nurse brought a Writ of False Judgment and assigned Error in this That whereas the said Writ of Right-Close was directed to the Bailiffs of George Earl of Shrewsbury of his Mannor c. that the said Bailiffs should do full Right c. that it appeareth by the Record that the Plea was holden before the Suitors and not before the Bailiffs of George Earl of Shrewsbury For all the Precepts in the Plea aforesaid are Quod sint hic ad proximam Curiam coram Sectatoribus tenend An other Error was in this and false Iudgment was given therein because that the Roll is Praeceptum est Ministro Curiae praedict that he cause to come 12 Free and lawful Men c. videre illud tenementum c. nomina eorum imbreviare c. and the Minister of the Court retorned 12 Recognitors of the Assise aforesaid whereas by the Law of the Land 24 Recognitors in a Plea of Land ought to be retorned But notwithstanding that these Exceptions were taken Yet upon due consideration of the Court notwithstanding these Exceptions the Iudgment was affirmed See the Record Mich. 17 18 Eliz. Rot. 1301. XCV The Master and Scholars of Linckfords Case Hill. 15 Eliz. In the Common Pleas. IN an Ejectione firmae the Case was That the Master and Scholars of Linckford were seised of the Mannor of Haldesley in the Town of Laberhurst which Town extended into the County of Sussex and also in the County of Kent and they made a Lease to one Clifford of all their Lands in the Town of Laberhurst except the Mannor of Haldesley whereas in truth

for the variance is in a thing which is matter of surplusage and so much the rather because the said A. had not another House in D. c. CLXXXVI Lucas and Picroft's Case Pasch 28 Eliz. In the Common Pleas. THe Case was That an Assise of Novel Disseisin was brought in the County of Northampton of two Acres of Lands 2 Len. 41. and as to one Acre the Tenant pleaded a plea tryable in a Forreign County Vpon which the Assise was adjourned into the Common Pleas and from thence into the forreign County Where by Nisi prius It was found for the Plaintiff and now in the Common Pleas Snag Serjeant prayed Iudgment for the Plaintiff and cited the Book 16 H. 7. 12. Where an Assise is adjourned into the Common Pleas for difficulty of the Verdict they there may give Iudgment But all the Court held the contrary For here is another Acre of which the Title is yet to be tryed before the Iustices of Assise before the tryal of which no Iudgment shall be given for the Acre of which the Title is found And the Assise is properly depending before the Iustices of Assise before whom the Plaintiff may discontinue his Assise And it is not like to the Cases of 6 E. 4. and 8 Ass 15. Where in an Assise a Release was pleaded dated in a forreign County which was denyed Wherefore the Assise was adjourned into the Common Pleas and there found by Enquest not the Deed of the Plaintiff's Now if the Plaintiff will release his Damages he shall have Iudgment of the Freehold presently But in our Case parcel of the Land put in View remains not tryed which the Plaintiff cannot release as he may his Damages 2 Len. 199. and therefore the Court remanded the Verdict to the Iustices of Assise CLXXXVII Hare and Mellers Case Mich. 28 Eliz. In the Common Pleas. Post 163. HUgh Hare of the Inner-Temple brought an Action upon the Case against Phillip Mellers and declared That the Defendant had exhibited unto the Queen a slanderous Bill against the Plaintiff charging the said Hugh to have recovered against the Defendant 400 l. by Forgery Perjury and Cosening And also that he had published the matter of the said Bill at Westm c. In this Case it was said by the Court That the exhibiting of the Bill to the Queen is not in it self any Cause of Action For the Queen is the Head and Fountain of Iustice and therefore it is lawful for all her Subjects to resort unto her ad faciendam Querimoniam But if a subject after the Bill once exhibited will divulge the matter therein comprehended to the disgrace and discredit of the person intended the same is good cause of Action And that was the Case of Sir John Conway who upon such matter recovered And as to the words themselves It was the Opinion of the Court That they are not actionable For it is not expresly shewed That the Plaintiff hath used perjury forgery c. And it may be that the Attorny or Sollicitor in the Cause hath used such indirect means not known to the Plaintiff And in such case it is true That the Plaintiff hath recovered by forgery c. and yet without reproach And by perjury he cannot recover for he cannot be sworn in his own Cause It was adjudged against the Plaintiff CLXXXVIII Moore and the Bishop of Norwich's Case Mich. 28 Eliz. In the Common Pleas. IN a Quare Impedit by Moor against the Bishop of Norwich c. It was found for the Plaintiff and thereupon issued forth a Writ to the Bishop which was not retorned Vpon which an Alias issued forth Vpon which the Bishop retorned That after Iudgment given in the Quare Impedit the same Incumbent against whom the Action was brought was Presented Instituted and Inducted into the same Church and so the Church is full c. And if that was a good retorn It was oftentimes debated Windham cited the Case L. 5 E. 4. 115 116. A Quare Impedit against Parson Patron and Ordinary and pendant the Writ the Parson resigned and the Ordinary gave notice of it to the Patron and afterwards by Lapse the Ordinary presented the same Incumbent who resigned And afterwards the Plaintiff in the Quare Impedit had Iudgment to recovers And it was holden Because the same Incumbent is now in by a new title scil by Lapse and the same person against whom the recovery was had and that appeared to the Court he should be removed See 9 Eliz. Dyer 260. and 21 Eliz. Dyer 364. And it was said by the Lord Anderson What person soever is presented and admitted after the Action brought unless it be that the title of the Patron be paramount the title of the Plaintiff upon such Recovery he shall be removed And so in the principal case It was adjudged That the Retorn of the Bishop was not good Wherefore he was fined 10 l. and a Sicut alias awarded upon pain of 100 l. CLXXXIX Parret and Doctor Matthews Case Mich. 28 Eliz. In the Kings Bench. A Praemunire was brought and prosecuted by the Queens Attorny General and Parret 1 Len. 292. against Doctor Matthews Dean of Christ-Church in Oxford and others for that they procured the said Parret to be sued in the City of Oxford before the Commissary there in an Action of Trespass by Libel according to the Ecclesiastical Law In which Suit Parret pleaded his Freehold and so to the Iurisdiction of the Court and yet they proceeded there and Parret was Condemned and Imprisoned And afterward the said Suit depending the Queens Attorny withdrew his Suit for the Queen It was now moved to the Court If notwithstanding that the party Informer might proceed in his suit there See 7 E. 4. 2. the King shall have Praemunire and the party grieved his Action See Br. Praemunire 13. for by Brook None can have Praemunire but the King. Cook There is a President in the Book of Entries 427. In a Praemunire the words are Ad respondendum tam Domino Regi quam R F. and that upon the Statute of 16 R. 2. And see ibid. 429. tam Domino Regi de Contemptu praedict quam dicto A.B. de Damnis But it was holden by the whole Court That if the Queens Attorny will not ulterius prosequi the party grieved cannot maintain that Suit For the principal matter in the Praemunire is the Conviction and the putting of the party out of the Kings protection and the damages are but accessary and then the Principal being Released the damages are gone And it was also holden That the Presidents in the Book of Entries are not to be regarded For there is not any Iudgment upon any of the pleadings there CXC Archeboll and Borrell's Case Mich. 28 Eliz. In the Kings Bench. ARcheboll brought an Action upon the Case against Borrell and declared That the Defendant had procured one L. to bring an Appeal of the death of J.S. against

all which he lost c. Wray The Bishop shall joyn for Conformity of Law and for privity of Record and the Plea of the Bishop is not so strong as a Disclaymer For in case of a Disclaimer the Iudgment is That the Plaintiff shall take nothing by his Writ but in the case of the Bishop here the Iudgment is Quod querens recuperet praesentationem suam versus dictum Episcopum ad Ecclesiam praedictam See 35 H. 6. 4. Fitz. Error 35. And afterwards in the principal Case the Writ of Error was awarded good CCXXIX Williams and Linford's Case Trin. 29 Eliz. In the Kings Bench. EDward Williams brought an Action upon the Case against Linford 2 Len. 111. for slanderous words concerning the Title of the Plaintiff's Lands viz. Williams is nothing worth and do you think that the Mannor of D. is his It is but a Compact betwixt his Brother Thomas and him And declared further That at the time of the speaking of these words there was a Communication with one J.S. to give the said J.S. the said Mannor of D. for his Mannor of R. and that by reason of the said slanderous words 1 Cro. 346.787 the said J.S. durst not proceed in the said intended exchange It was Objected That upon this matter an Action upon the Case did not lie because the slanderous words were not spoken to him who should be purchasor of the Lands but unto a stranger For in the Case betwixt Smith and Johnson Johnson was in speech with one to sell his Land to him and Smith said to him who should be the purchasor of them Will you buy Johnson's Land Why it is troubled with more Charges and Incumbrances then it is worth Wray There is not any difference be the words spoken to the parties or unto a stranger for in both Cases the Title of the Plaintiff is slandered so as he cannot make sale of it It was adjudged for the Plaintiff CCXXX Mich. 29 Eliz. In the Common Pleas. A Poor Woman brought an Action of Trespass for breaking of her Close and declared of a Continuance by 6 years And upon Nihil dicit had Iudgment to recover Vpon which a Writ of Enquiry of Damages issued forth and now came the Woman and shewed to the Court That the Iury had found too little Damages scil but 40 s. whereas the Land was worth 5 l. per annum and that the Trespass had been continued for 6 years and prayed that the said Writ might not be received and that the Court would award another Writ to have a better Enquiry of the Damages But the whole Court denyed it For so there might be infinite Enquiries But some time at the request of the Defendant when excessive Damages are found or any misdemeanour is alledged in the Plaintiff in procuring or using such a Writ of Enquiry of Damages We use to relieve the Defendant with a new Writ but never the Plaintiff because it is his own Act. And by Rhodes The late Countess of Darby brough a Writ of Dower and had Iudgment to recover and she surmised That her Husband died seised and prayed a Writ of Enquiry of Damages and had it And because too small Damages were found she would have suppressed the said Writ and procured another but she could not have it And at the last she was driven to bring in the said Writ Which she did accordingly CCXXXI Lawson and Hare's Case Mich. 29 Eliz. In the Common Pleas. 2 Len. 74. IN a Replevin by Lawson against Hare of the Temple who Avowed because he himself was seised of a Hundred And that he himself and all those whose Estate he hath in the said Hundred have used to hold a Leet within the said Hundred at such a place every year And that at every time such Leet should be holden The Inhabitants within the said Precinct have used to pay to the Lord of the Leet 16 d. for the Leet-Fee and that they have used to distrain for the same And shewed That at a Leet there holden 5 July 26 Eliz. c. The Plaintiff replyed absque hoc that they used to distrain And it was found for the Defendant And it was moved in arrest of Iudgment Because the Defendant in making his Title to the Leet by Prescription Conveys the Hundred to him by a Que Estate without shewing a Deed of it See 11 H. 4. 242. Quod fuit concessum per Anderson Windham Periam and Rhodes contrary But if the Hundred it self had been in Question then the Exception had been material but here the Defendant intitles himself to a thing by reason of the Hundred and then it is sufficient for him to say That he is seised of the Hundred be it by right or by wrong Admit That by this not shewing the Avowry be vitious and defective It is to be considered if it be not helped by the Statute of Jeofail's 1 Cro. 217.245 18 Eliz. And therefore it is to be considered If an Avowry be within the meaning of the said Statute Anderson Although that the Avowant be quasi an Actor to have a Retorn of the Cattel if the Distress be adjudged lawful yet in truth he is Defendant and not Plaintiff And if the Defendant will justifie the taking and not avow he is meerly Defendant And although that he avow to have a Retorn yet he cannot be said Plaintiff no more than the Tenant who voucheth over another to recover in value may be said Plaintiff And therefore an Avowry cannot be said a Count or Declaration but a Answer to the Count or Declaration Windham and Periam conceived That an Avowry is within the Statute For it comprehends title And an Answer to an Avowry is said a Bar to an Avowry and an Avowry is in the place of a Declaration Admitting That an Avowry is within the Statute If the not shewing of the Deed be such a defect which may be helped by the Statute Anderson conceived That it was But the Plaintiff might have demurred upon the Avowry for not shewing of the Deed and have had iudgment But when he hath traversed the Prescription as to the point of the distress and the same is found against him Now it shall be intended that the Avowant hath a Deed although he hath not shewed it Windham The Title of the Avowant to the Hundred is the Foundation and ground of the Suit for if the Avowant hath not a Deed to make him a sufficient title to the Hundred he cannot have the Leet and if no Leet then no Leet-Fee and then the Avowant hath no cause to distrain Another Exception was taken to the Avowry because the Avowant hath not shewed any Seisin of the Leet-Fee And by Periam Such a seisin ought to be shewed in some person certain For although it needs not always to lay a Seisin in shewing by whose hands the seisin was had for the Inhabitants are charged and no person certain yet the seisin ought to be

hic in Curia prolat is but form And afterwards the Iudgment was reversed for default of the said matter Magno sigillo Angliae sigillat And by Anderson Iustice Patents are good without Inrollment and that was adjudged in Hungate's Case CCXLI. Mich. 29 Eliz. In the Exchequer Chamber DEbt brought upon an Obligation Post 266. The Defendant pleaded payment apud Lockington in the Parish of Killmerston And the Venire facias was awarded de Lockington And that was assigned for Error in the Exchequer Chamber upon a Iudgment given in the Kings Bench That the Venire ought to be de Killmerston See 6 H. 7. 3. 11 H. 7. 23 24. 9 E. 4. 3. Trespass for Entry in the Mannor of D. in S. the Visne shall come de Vicineto de S. and not from the Mannor Contrary if it be for the entry into the Mannor of D. only for there it shall be de Vicineto Manerii Cook said There was a Case very late adjudged in the Kings Bench A Lease was pleaded to be made at Ramridge End in Luton and that he himself was of Opinion That the Venire ought to have been of Ramridge End and not of Luton But the Court Over-Ruled the same against him It was said in the principal Case That Lockington shall be intended a Town as this Case is For a Parish may contain many Towns. And afterwards the Iudgment was affirmed CCXLII. Mich. 29 Eliz. In the Common Pleas. IN Trespass for breaking his Close The Defendant pleaded That heretofore he himself brought an Ejectione Firmae against the now Plaintiff of the same Land in which the Trespass is supposed to be done and had Iudgment to recover c. and demanded Iudgment if against c. It was moved That the Bar was not good 1 Len. 313. because that the Defendant had not averred his title And the Recovery in one Action of Trespass is no Bar in another c. Quod Curia concessit But as to the matter the Court was clear That the Bar was good And by Periam Who ever pleaded it it was well pleaded For as by Recovery in an Assise the Freehold is bound so by Recovery in an Ejectione firmae the possession is bound And by Anderson A Recovery in one Ejectione Firmae is a Bar in another Especially as Periam said if the party relyeth upon the Estoppel And afterwards Iudgment was given That the Plaintiff should be barred CCXLIII Peter's Case Mich. 29 Eliz. In the Common Pleas. WIlliam Peters being Plaintiff in an Action of Debt in the Common Pleas came to London this Term to prosecute his Action And afterwards he was committed to the Marshalsey by the Lord Hunsdon Chamberlain of the Queens houshold and one of her Privy Council And now an Habeas Corpus issued out to the Keeper of the Marshalsey to have the body of the said Peters in Court And at the day the Keeper retorned the said Writ That the said Peters was committed to the said Prison by the said Lord and shewed the Warrant for it there to remain and to Answer before the Lords of her Majesties Council to such matters c. Causa vero detentionis mihi omnino incognita est The Court examined the said Peters upon his Oath If he came to London to prosecute his said Cause Who answered That he did And the Court also examined the said Keeper If he had acquainted the said Lord with the said Writ Who said That he had so done but he shewed him not any Cause Wherefore by the Award of the Court Peters was discharged of his Imprisonment CCXLIV Hill. 29 Eliz. In the Common Pleass SErjeant Fenner demanded the Opinion of the Court in this Case A. Devised Lands to his Wife for life 1 Co. 155. and afterwards to B. his Son and his Heirs when he should come to the age of 24 years and if his Wife died before his said Son should attain his said age of 24 years that then J.S. should have the said Land until the said age of the said Son A. died J.S. died the Wife died the Son being within the age of 24 years If the Executors of J.S. should have the Land after the death of J.S. until the said age of the Son was the Question Anderson and Periam conceived That he should not For this Interest limited to J.S. by the Will was but a possibility which was never vested in him and therefore could not by any means come to his Executor Rhodes and Windham doubted of it Fenner put the Case in 12 E. 2. Fitz. Condition 9. Where Land is mortgaged to J.S. upon payment of Mony to J.S. such a day or his Heirs and before the said day J.S. by his Will deviseth That if the Mortgagor pay the Mony that then A. B. should have them That this Devise of this possibility is good Quod omnes Justiciarii negaverunt And Windham put the Case between Weldon and Elkington Plow Com. 20 Eliz. 519. Where Lessee for years devised his Term to his Wife for so many years of the said Term as she should live And if she died within the Term that then his Son Francis should have the Residue of the Term not encurred Francis died Intestate the Wife died within the Term The Administrator of Francis had the residue of the Term and yet nothing was in Francis the Intestate but a Possibility A Lease was made to one Hayward his Wife and one of his Children Habendum to Hayward for 99 years if he should so long live and if he die within the said Term that then his said Wife should have the said Term for so many years which should be to come at the time of the death of her Husband And if she died also before the said Term That then the Child party to the Devise should have it for so many years of the said Term as should not be expired at the time of the death of the Wife And the Case of Cicill was vouched 8 Eliz. Dyer 253. A Lease was made to William Cicill pro termino 41 annorum si tam diu vixerit Et si obierit infra praedictum terminum extunc Uxor praedicti William Cicill habebit tenebit omnia singula praemissa pro residuo termini praed incompleto si tam diu vixerit Et si the said Eliz. obierit infra praedict terminum tunc William Cicill filius c. And it was holden by Catlyn and Dyer That these remainders were void For the Term is determinable upon the death of William Cicill the Father and the Residue of the said Term cannot remain And by Anderson The remainders of the Term limited ut supra are void For every remainder ought to be certain but here is no certainty for it may be that the first possessor of the Term may live longer or die sooner so as he in the remainder doth not know what thing he shall have And so also conceived Rhodes Iustice And he put the Case between

them Another Exception was Because it is not shewed What is their due Fee And that was conceived to be a good cause of Exception And if no Fee be due the same ought to appear in the Indictment And afterwards the Opinion of the Court was That they should be discharged CCCLXII Doughty and Prideaux's Case Hill. 33 Eliz. In the Common Pleas. Action upon the Case by Doughty against Prideaux 4 Len. 101 for these words Thou art a Wicked and perjured Fellow and art forsworn in the Court of Star-Chamber as appeareth by an Exemplification here under the Seal of this Court. The Defendant justified because of a Bill exhibited in the same Court by one Brooks against the now Plaintiff for conspiring with another to endict the said Brooks of certain Felonies And the Defendant now Plaintiff in his Answer to the said Bill denyed upon Oath the said Conspiracy And sentence was given in the said Court against the now Plaintiff ubi revera such a Conspiracy was The Plaintiff Replicando said That the said Brooks was Arraigned and Convicted upon the said Indictment and prayed his Clergy Whereupon it appeared because the said Brooks was not Legitimo modo acquietatus that the same could not be any Conspiracy in the now Plaintiff to procure the said Brooks to be Indicted Walmesley and Periam Iustices This Replication is not good For it may be that Brooks was acquitted and yet the Plaintiff did Conspire upon which a Writ of Conspiracy perhaps would not lie but an Action upon the Case without doubt For the Replication doth not prove That the Plaintiff did not Conspire but that the Plaintiff was not punishable for such Conspiracy c. CCCLXIII Pasch 33 Eliz. In the Common Pleas. THe Case was An Abbot leased Lands to three Men for 80 years and in the end of the said Lease was a Clause That if they died within the said Term that then the Lessor might enter The possessions of the Abby came unto the King who granted the Reversion to J.S. who made a new Lease thereof to J.D. for 21 years to begin after the expiration determination or surrender of the said former Lease The 3 Lessees died within the Term If J.D. might now enter before J.S. hath entred was the Question And it was the Opinion of all the Iustices That he could not For it is in the Election of J.S. if he will take advantage of the Condition and defeat the Lease but that ought to be by Entry and none can make such Entry but the Lessor himself or by his express direction c. CCCLXIV Bond and Bayle's Case Pasch 33 Eliz. In the Kings Bench. 1 Len. 328. 1 Roll. 926. BOnd brought a Scire facias against Bayle's Administrator of one T.B. upon a Recovery against the Intestate in an Action of Debt The Defendant pleaded before the said Iudgment given The Testator acknowledged a Statute-Staple to one B. and that the same was not paid in the life-time of the Intestate nor ever after and that they had not Goods of the Intestate in their hands above to pay the said Statute Vpon which it was Demurred in Law. Crook argued That the Bar was not good for here no execution upon the Statute is pleaded and then the Iudgment and the Statute being things of as high nature that of which Execution is first sued shall be first satisfied And if this Action had been brought upon the Obligation the Plea had not been good For although that Brian saith 21 E. 4. That Recognizances shall be paid by Executors before Obligations yet that is to be intended when a Scire facias is to be sued upon it otherwise not See 12 E. 3. Fitz. tit Execution 73. In a Scire facias upon a Iudgment in Debt given against the Testator Enquiry was What Goods the Executors had at the day of the Garnishment And he said It was moved 20 Eliz. by Anderson in this Court In Debt upon an Obligation against an Executor The Defendants pleaded That the Testator was endebted to one A. and that they had not more than to satisfie the same And it was holden no plea unless they had pleaded further That a Scire facias was sued forth upon the same But Wray said That was not Law And there is a difference when the Iudgment is given against the Testator himself and where against the Executors For where Iudgment is given against the Executors the Iudgment which was first given shall be first executed But if two Iudgments be given against the Testator he who first sueth Execution against the Executors shall he first satisfied because they are things of an equal nature and before suit it is in the Election of the Executor to pay which of them he pleaseth See 9 E. 4. 12. As if two Men have Tallies out of the Exchequer he who first offers his to the Officer shall be first satisfied for before that it is in the Election of the Officer which of them he will pay And a Iudgment is a higher Record than a Statute for the Statute is not a Record but Debitum recordatum recognitum And therefore 19 H. 6. If the Release enrolled be lost the Enrollment of it is not of any effect And Pasch 20 Eliz. Our very case was moved in the Court of Common Pleas In a Sire facias upon a Iudgment given against the Testator the Executor pleaded That the Testator had acknowledged a Statute before not satisfied ultra which c. And it was holden no Plea For a Statute is but a private and poquet-Record as they then called it And 32 Eliz. Between Coney and Barkham the same Plea was pleaded and holden to be no plea. Also if this Plea should be allowed great Mischief would follow for then no Debts should be satisfied by Executors For it might be that the Statute was made for performance of Covenants which Covenants peradventure shall never be broken And afterwards Iudgment was given for the Plaintiff CCCLXV Butler and Baker's Case Mich. 33 34 Eliz. In the Kings Bench. SEe the principal Case Reported in Cook 3 Part 25. Poph. 87. 1 And. 348. 3 Co. 25. The Argument of Egerton Solicitor General in the said Case under his own hand was as followeth viz. The disagreement by the Wife in pais is good by the Common Law. An Agreement may be by word Ergo a Disagreement If Husband and Wife Lease for years rendring Rent the Husband dieth the Wife accepteth of the Rent that Acceptance shall bind her 15 E. 4. 17. 3 H. 6. 48. 48 E. 3. 13. 16 E. 4. 8. 11 H. 7. 13. 9 H. 6. 44. 10 H. 6. 24. Tenant in tail makes a Lease for years not warranted by the Statute rendring Rent and dieth and afterwards the Issue accepteth the Rent the same shall bind him 21 H. 7. 38. 21 H. 6. 25. 14 H. 6. 26. 19 H. 6. 43. An Enfant Leaseth for years rendring Rent and at his full age accepts the

ad satisfaciend against him in his hands yet escape lies not A. 263. If it lies where the party was charged in Execution while he was Prisoner for Felony A. 276. It lieth not for escape of a Bail if no Scire facias issued against him B. 29 30. Was first given by equity of the Stat. W. 2. cap. 11. B. 9. No Costs upon non-suit in this Action B. 9. If the old Sheriff keep any Prisoner after he is discharg'd of his Office it is an Escape B. 54. If one escape upon an illegal Writ the Court will aid the Sheriff though he cannot deny to execute the Process B. 86. The Sheriff cannot seise the party who escapes by his consent B. 119. Escheat If a Remainder depending upon an Estate for life Escheat the Seigniory is extinct A. 255. Essoine In an Ejectione Firme adjorned A. 134. The Term in the eye of the Law begins the day of Essoines cont as to lay gents A. 210 211. In Quare Impedit B. 4 185. The office and force of an Essoine B. 4. If the Defendant appear and be essoined no Amerciament ought to be against him B. 185. An unnecessary and feigned delay C. 51. per Dyer Estoppel Count of a demise generally Defendant pleads nihil habuit in Tenementis the Plaintiff may estop the Defendant by pleading the Deed A. 156 204 206. Who shall take advantage of an Estoppel A. 157 158. The Jury ought to find it though the party hath not pleaded it A. 204 206. If Deed enrolled be an Estoppel to the party to plead Non est factum A. 184. Where the Court will take notice thereof if not pleaded A. 184. What Deeds made void by Statute are good by Estoppel against the party who made them A. 308 309. By matter of Record B. 3. Where one shall be estopped by a recital in a Bond Indenture c. where not B. 11. C. 118. What Estoppel made by the Ancestor shall bind the Heir B. 57 58. A Verdict for the Plaintiff upon a plene administravit estops the Sheriff of that County where the Tryal was to retorn nulla bona B. 67. By Deed indented B. 73. One seised in Fee takes a Lease of the Herbage of his own Land he is not estopped to claim Fee B. 159. No Estoppel by a Record if the Judgment be reversed C. 52. Jurors are not estopped by an Estoppel implied unless pleaded in the Record C. 209 210. Estovers Prescription for them within a Forrest A. 2. To a Messuage new built upon an old Foundation B. 44. What Estovers Lessee for years may take of common right C. 16. If Lessor grant Fire-boot Lessee may take Trees if there be no Under-wood C. 16. Evidence What Evidence may be given upon a Not Guilty in Trespass A. 301. C. 83. What upon a Nil debet in Debt for Rent B. 10. He who is in the affirmative must give Evidence first C. 162. Exception Count of a Demise of Demesne Lands and Evidence that the Demise was with an Exception yet good Evidence A. 139 140. Where in a Writ there must be a Forsprize B. 162. What may be excepted out of a Lease for years A. 49. De grossis arboribus crescen ' A. 61 116 117 246. Where a Praecipe shall demand a House with or without an Exception for part A. 252. Exchange By Baron and Feme who levy a Fine of the Land taken in Exchange the Feme may enter into her own Lands A. 285. Execution Where the Defendant taken by a Cap. pro fine shall be in Execution for the Plaintiff A. 51 276. The Defendant rendring himself shall not be in Execution unless the Plaintiff pay it A. 58. Execution shall be of the Goods which the Defendant had at the time of the Execution awarded A. 144 145. By Fieri facias good after the Defendants death A. 144. By Writ of Possession the Sheriff must turn all persons out of Doors A. 145. By Capias ad satisfaciend after Elegit retorned that the Lands were first delivered to others by Extent A. 176. The Sheriff upon a retorn Habendo may enquire the kinds of the Cattle if the Count or Avowry be incertain A. 193. One in Prison by Utlary against whom the Sheriff hath a Capias ad satisfaciend Escape lies not though the Sheriff do not charge him with the Capias ad satisfaciend ' A. 263. Stayed by Rule of Court after Judgment A. 276. Where the Defendant taken and in Prison for Felony is chargeable in Execution A. 276 277. B. 85 86 87. What are well executed not being retorned and what not A. 280. B. 49 50. But one Execution upon a joynt Praecipe in debt Secus upon a several Praecipe A. 288. After Execution sued the Defendant cannot sell his Goods bona fide A. 304. One attaint of Felony and also charged with Executions shall not be discharged of the Executions contra of Actions A. 326 327. B. 84 to 89. If the Execution be continued no Scire facias is necessary B. 77 78 87. In what Cases a Capias in Execution lay at Common Law and in what now per Statute B. 86 87. Capias lies against the Bail in B. R. and C. B. in a common Action and upon Audita Querela B. 88. If the Body of a Lord be liable to Execution B. 173 174. Executors Scire facias Executoribus c. without their names is good A. 17. How Judgment shall be against them where part only is found in Assets A. 67 68. Where Assets is found for part and after Goods come to the Executors hands how the Plaintiff must sue forth Execution scil by Scire facias A. 67 68. No plea against an Executor that the Executor was cited to appear to prove the Will and made default and that adm was com to the Defendant A. 90 91. Where Judgment shall be de bonis propriis where de bonis testatoris A. 94. The Executor gives his Bond for Mony a good Administration C. 111 112. Debtor makes the Creditor his Executor A. 112. What is a good refusal of Executors to prove the Will A. 135. Devise that Executors shall sell a Reversion sale by Parol is good and the Vendee is in by the Will A. 148. Debt by single Contract lies not against them though they do not demur but plead A. 165. Action by them de bonis asport in vita testatoris and the form thereof A. 193 194 205. One made Executor if he shall permit J. S. to hold a Term for three years when his power begins A. 229. By grant of Bona Catalla Goods of the Testators pass A. 263. Executor of Executor how to be named A. 275. In what case they shall recover Arrears of Rent in Fee by the Statute 32 H 8. 37. A. 302 303. Plene administravit before notice of the Suit the original being in a forein County A. 312 69. B. 60. The Executrix of the Debtee marries the Debtor she may have an Action for the

Plaintiff had acquitted and discharged him of the Reparations Vpon which the Plaintiff demurred in Law. Manwood The same is an Acquittal and Discharge of the Reparations as well for the time past as for the time to come by force of the said Covenant and amounts to as much as if he had Released the Covenant And it was moved If the Covenant being broken for want of Reparations If now that Acquital and Discharge or Release of the Covenant should take away the Action upon the Obligation which was once forfeited before And it was the Opinion of Manwood That it should not For if one be bound in an Obligation for the performance of Covenants and before the breach of any of them the Obligee releaseth the Covenants and afterwards one of the Covenants is broken the Obligation is not forfeited for there is not now any Covenant which may be broken and therefore the Obligation is discharged But if the Release had been after the Covenant broken otherwise all which Dyer and Mounson Concesserunt CVI. Mich. 20. Eliz. In the Common Pleas. HVsband and Wife seised in the right of his Wife of certain Customary Lands in Fee he and his Wife by Licence of the Lord make a Lease for years by Indenture rendring Rent have Issue two Daughters The Husband dieth The Wife takes another Husband and they have issue a Son and a Daughter The Husband and Wife die The Son is admitted to the Reversion and dieth without Issue It was holden by Manwood That this Reversion shall descend to all the Daughters notwithstanding the half-blood For the Estate for years which is made by Indenture by Licence of the Lord is a Demise and Lease according to the Order of the Common Law and according to the nature of the Devise the possession shall be adjudged which possession cannot be said possession of the Copyholder For his possession is Customary and the other is meer contrary therefore the possession of the one shall not be said the possession of the other and therefore there is no possessio fratris in this Case But if he had been Guardian by the Custom or this Lease had been made by surrender There the Sister of the half-blood should not inherit And Meade said That the Case of the Guardian had been so adjudged Mounson to the same intent And if the Copyhold descend to the Son he is not Copyholder before admittance 1 Len. 174 175. but he may take the profits and punish Trepass c. CVII Hinde and Lyons Case Hill. 20 Eliz. In the Common Pleas. 2 Len. 11. Dyer 124. Ante 64. DEbt by Hinde against one as Son and Heir of Sir John Lyon who pleaded Nothing by descent but the third part of the Mannor of D. The Plaintiff replyed Assets And shewed for Assets That the Defendant had the entire Mannor of B. by descent Vpon which they were at Issue And it was given in Evidence to the Iury That the Mannor was holden by Knights-Service and that the said Sir John the Ancestor of the Defendant by his Will in writing devised the whole Mannor to his Wife until the Defendant his Son and Heir should come to the age of 24 years And that at the age of the Son of 24 years his Wife should hold the third part of the said Mannor for the Term of her life and his Son should have the residue And if his Son do die before he come to the age of 24 years without Heir of his body that the Land should remain over to J.S. the Remainder over to another The Devisor died the Son came to the age of 24 years Dyer and Mounson Iustices conceived That here was not any Estate tail and then for two parts he is not in by descent For no Estate tail shall rise unless that the Son dieth before his said age and therefore the Tayl never took effect and the Feesimple descends and remains in the Son if not that he dieth before the age of 24 years and then the whole vests with the Remainder over but now having attained the said age he hath a Fee and that by descent of the whole Mannor and then his Plea is false that but the third part descended And a general Iudgment shall be given against him as of his own debt And an Elegit shall issue forth of the moyety of all his Lands as well those which he hath by descent from the same Ancestor as of his other Lands And a Capias lieth also against him But Manwood Iustice conceived That if a general Iudgment be given against the Heir by default in such case a Capias doth not lie although in case of a false Plea it lieth But Dyer held the contrary And the Writ against the Heir is in the debet detinet which proves That in Law it is his own Debt And he said That he could shew a President where such an Action was maintainable against the Executor of the Heir CVIII Hill. 20 Eliz. In the Common Pleas. A Seised of Lands in Fee Devised them to his Wife for life and after her decease she to give the same to whom she will Latch 9,39 had issue two Daughters and died The Wife granted the Reversion to a stranger and committed Waste And the two Daughters brought an Action of Waste It was holden by the Iustices That by that Devise the Wife had but an Estate for life but she had gained authority to give the reversion by his Will to whom she pleased And such a Grantee should be in by A. and his Will For A. had given expresly to his Wife for life and therefore by Implication she should not have any further Estate But if an express Estate had not been appointed to the Wife by the other words an Estate in Feesimple had passed CIX Hill. 20 Eliz. In the Common Pleas. THe Lessor Covenanted with his Lessee That the Lessee should enjoy the Lands demised without any lawful Eviction And afterwards upon a Suit depending in Chancery by a stranger against the Lessor for the Land demised The Chancellor made a Decree against the Lessor and that the stranger should have the Land. It was moved If that Decree were a lawfull Eviction by which the Covenant was broken It was holden by the Lord Dyer That the same was not any Eviction For although that in Conscience it be aequum that the said stranger have the possession yet the same is not by reason of any right paramount the title of the Lessor which was in the party for whom it was decreed CX The Marquess of Northamptons Case Hill. 20 Eliz. In the Common Pleas. PArre Marquess of Northampton took to Wife the Lady Bouchier the Heir of the Earl of Essex 1 Roll. 430. who levied a Fine of the Land of the said Lady Sur Conusans de droit c. with a Grant and render to them for life the Remainder to the right Heirs of the body of the Lady And afterwards by Act of

Plaintiff ad requisitionem dicti Davidis repararet And the Plaintiff declares That reparavit generally without saying 2 Cro. 404. That ad requisitionem Davidis reparavit And that is not the Reparation intended in the Consideration i. e. reparatio ad requisitionem c. but a Reparation of his own head and at his pleasure And for this Cause the Iudgment was stayed CXXXII Wrennam and Bullman's Case Pasch 26 Eliz. In the Common Pleas. 2 Len. 52. 1 Len. 282. WRennam brought an Action upon the Statute of 1 2 Phil. Mar. against Bullman for unlawful impounding of Distresses and was Nonsuit It was moved by Shuttleworth Serjeant If the Defendant should have Costs upon the Statute of 23 H. 8. And it was Adjudged That he should not And that appears clearly upon the words of the Statute c. for this Action is not conceived upon any matter which is comprised within the said Statute and also the Statute upon which this Action is grounded was made after the said Statute of 23 H. 8. which gives Costs and therefore the said Statute of 23 H. 8. and the remedy of it cannot extend to any action done by 1 2 Phil. Mary And Rhodes Iustice said It was so adjudged in 8 Eliz. CXXXIII Mich. 26 Eliz. In the Kings Bench. 2 Len. 161. Dyer 291. IN a Formedon of a Mannor The Tenant pleaded Ioynt-Tenancy by Fine with J.S. The Demandant averred the Tenant sole Tenant as the Writ supposed and upon that it was found and tryed for the Demandant Vpon which a Writ of Error was brought and Error assigned in this Because where Ioynt-Tenancy is pleaded by Fine the Writ ought to have abated without any Averment by the Demandant against it and the Averment had been received against Law c. Shuttleworth At the Common-Law If the Tenant had pleaded Ioynt-Tenancy by Deed the Writ should have abated without any Averment but that was remedied by the Statute of 34 E. 1. But Ioynt-Tenancy by Fine doth remain as it was at the Common Law For he hath satis supplicii because by his Plea if it be false he hath by way of Conclusion given the moyety of the Land in demand to him with whom he hath pleaded Ioynt-Tenancy And the Law shall never intend that he would so sleightly depart with his Land for the abatement of a Writ As in a Praecipe quod reddat the Tenant confesseth himself to be a Villein of a stranger the Writ shall abate without any Averment Free and of Free estate for the Law intends that the Tenant will not inthral himself without cause Wray to the same purpose But the Demandant may confess and avoid the Fine as to say That he who levied the Fine was his Disseisor upon whom he hath before entred And if Tenant in Feesimple be impleaded and he saith That he is Tenant for life the remainder over to A. in Fee and prayeth in Aid of A. the Demandant shall not take Averment That the Tenant at the time of the Writ brought was seised in Fee. Note In this Formedon Ioynt-Tenancy was pleaded but as to parcel And it was holden by Wray and Southcote That the whole Writ should abate the whole Writ against all the Defendants And so where the Demandant enters into parcel of the Land in demand if the thing in demand be an entire thing the Writ shall abate in all In this Writ the Demandant ought to have averred in his Writ an especial foreprise of the Land parcel of the Land in demand whereof the Ioynt-Tenancy by the Fine is pleaded For this dismembring of the Mannor and distraction of the Land of which the Ioynt-Tenancy is pleaded is paravail and under the gift whereof the Formedon is conceived and therefore in respect of the title of the Demandant it remains in right parcel of the Mannor and therefore ought to be demanded accordingly with a foreprise But if A. giveth unto B. a Mannor except 10 Acres in tail there if after upon any Discontinuance the issue in tail is to have a Formedon in such case there needs not any foreprise for the said 10 Acres for they were severed from the Mannor upon the gift But if Lands in demand be several as 20 Acres except 2 Acres this foreprise is not good See Temps E. 1. Fitz. Brief 866. Praecipe c. unam bovatam terrae forprise one Sellion and the Writ was abated for every demand ought to be certain but a Sellion is but a parcel of Land uncertain as to the quantity in some places an Acre in some more in some less Another Point was Because the Tenant hath admitted and accepted this Averment scil sole Tenant as the Writ supposeth And the Question was If the Court notwithstanding the Admittance of the Tenant ought without Exception of the party Ex Officio to abate the Writ And it was the Opinion of Wray Chief Iustice That it should For it is a positive Law As if a Woman bring an Appeal of Murder upon the death of her Brother and the Defendant doth admit it without a Challenge or Exception yet the Court ought to abate the Appeal 10 E. 4. 7. See the principal Case there Non ideo puniatur Dominus c. And if an Action be brought against an Hostler upon the Common Custom of the Realm and in the Writ he is not named Common Hostler yet the Court shall abate the Writ Ex Officio See 11 H. 4. and 38 H. 6. 42. CXXXIV Mich. 26 Eliz. In the Common Pleas. A. Seised of Lands in the right of his Wife for the Term of the life of the Wife made a Feoffment in Fee to the use of his said Wife for her life It was holden in that Case That the Wife was remitted And it is not like Amy Townsends Case Plow Com. 1 2 Phil. and Mar. 111. For in the said Case the Entry of the Wife was not lawful for she was Tenant in tail which Estate was discontinued by the Feoffment of her Husband And Periam Iustice cited a Case Sidenham's Case Bacon seised in the right of his Wife for the Term of the life of the Wife They both surrendred and took back the Lands to them and a third person And it was holden That the Wife was not presently remitted but after the death of her Husband she might disagree to the Estate CXXXV Harper and Berrisford's Case Mich. 26 Eliz. In the Common Pleas. IN a Writ of Partition The Defendant demanded Iudgment of the Writ because the Writ is Quare-cum A. teneat c. pro indiviso c 4 mille acras whereas it should be Quatuor Mille acrarum And many Grammarians were cited all which agreed That it was good both ways viz. Mille Acras or Mille Acrarum And Rhodes Iustice said That Cowper in Thesauro suo Linguae Latinae saith Quod Mille fere jungitur Genitivo Ergo non semper Wherefore Anderson with the assent of the other Iustices Ruled

Williams and declared Whereas one J. had affirmed a Plaint of Debt against the Plaintiff in the Queens Court of her Mannor of D. in the County of Cornwall and demanded against him 100 l. And whereas the Defendant now Plaintiff sued a Corpus cum Causa c. and delivered the same to the now Defendant being then Vnder-Steward of the said Court That notwithstanding that the now Defendant proceeded to Iudgment and awarded Execution against the Plaintiff and his Sureties by force of which the Goods of the Plaintiff and of his Sureties were taken in Execution Vpon which Declaration the Defendant demurred in Law because the Iudgment was given in a Court-Baron which could not hold plea above the sum of 40 s. And notwithstanding that Exception and notwithstanding also that the Action was brought against the Vnder-Steward c. The Plaintiff had Iudgment to Recover CXLIV Denton and Goddard's Case Pasch 26 Eliz. In the Kings Bench. DEbt was brought against Denton Administrator of the Goods and Chattels of James Newton and the Plaintiff declared upon an Obligation made to the Intestate bearing date the 4th day of April 24 Eliz. The Defendant prayed Oyer of the Deed and Condition and then pleaded to the Action For he said That the aforesaid James Newton ante Confectionem praedicti suppositi scripti scilicet ultimo die Septembris 23 Eliz. apud N. obiit and so Non est factum c. The Iury found That the said Deed was delivered to the Intestate 3 July 23 Eliz. in the life of the Intestate bearing date 24 Aprilis 24 Eliz. before which day the Intestate died And upon the whole matter Iudgment was given for the Plaintiff CXLV Lichfield and Gage's Case Pasch 26 Eliz. In the Kings Bench. 2 Len. 167. IN an Ejectione firmae the parties were at Issue And by Order of the Court the Tryal was stayed And yet the Plaintiff against the Order obtained privily a Nisi Prius Vpon which Gawdy Iustice being informed of it after the Term awarded a Supersedeas to the Iustices of Assise before whom c. And notwithstanding that the Enquest at the Instance of the Plaintiff was taken and found for the Plaintiff All this matter was shewed to the Court in the Kings Bench and there examined and proved And it was Ordered by the Court That the Verdict should not be entred of Record nor any Iudgment upon it And so was it put in execution in a Case between Vernon and Fowler And then the Counsel moved and took Exception to the Supersedeas because it was not subscribed by the hand of Iustice Gawdy But it was not allowed because his Seal was sufficient CXLVI Fuller and Cook 's Case Pasch 26 Eliz. In the Kings Bench. 1 Roll. 111. IN an Action upon the Case the Plaintiff declared That the Defendant had informed one Tho. Colby a Iustice of the Peace That the Plaintiff had stollen the Defendants Hoggs By force of which the said Colby ad Querimoniam Defendentis made a Warrant and directed it to the Constable of H. to apprehend the Plaintiff and to bring him before the said Colby By force of which the Plaintiff was Arrested and brought before the said Colby and there was examined upon the said matter and bound over by Recognizance to appear at the next Sessions and there to Answer at which Sessions he appeared And Proclamation was made That if any one would inform against the Plaintiff c. and none came For which the Plaintiff was discharged and so by this matter he was discredited c. And all this matter was found by Special Verdict And thereupon Iudgment was given for the Plaintiff And in this Case the Court took a difference Where one whose Goods a stollen comes to are Iustice of Peace and shews him the matter and prays that the matter be examined and that such a one is examined upon it here in this case No Action lieth But if such a person in such case will expresly say That such a one hath stollen c. Hob. 192. and procure a Warrant from a Iustice of Peace upon such Surmise to arrest the party upon such matter an Action upon the Case will lie CXLVII The Queen and the Lord Lumley's Case Trin. 26 Eliz. In the Exchequer IT was moved in the Exchequer 2 Len. 80. Hob. 304. That Queen Mary seised of the Rectory of D. granted Advocationem Ecclesiae de D. If now by this Grant the Advowson should pass as now disappropriate Or that the Rectory it self should pass as appropriate Or that nothing at all should pass And by Manwood Chief Baron the Advowson shall not pass but remain appropriate as it was before For the Church as it was appropriate by a Iudicial act so without such an Act it cannot be disappropriate And he said That by the Grant of the said Advowson the Rectory did not pass For by the Appropriation the Advowson was gone and it was not in esse and by consequence could not be granted And it is not within the Statute of 4 5 Philip Mary of Confirmations of Grants of the King For the said Statute helps not but misrecital misnaming c. But here there is not such a thing in rerum natura as the Patentee pretends to be passed by the Letters Patents And if it were in the Case of a Common person nothing should pass As it was adjudged in Sands Case 11 Eliz. And he said That at this time a Parsonage might be disappropriated but that ought to be by a Iudicial Act as by Presentment and not by any private Act of the Proprietor And so he said a Church was disappropriated by the Lord Dyer by a Presentment which of late he made to it CXLVIII Cox's Case Mich. 26 Eliz. In the Kings Bench. IN Debt upon an Obligation against Cox the Case was A Parson made a Lease for years and became bounden to the Lessee to perform the Covenants in the Lease The Defendant pleaded That the Lease is void by the Statute of 14 Eliz. because he was absent from his Benefice above the space of 80 days part of which time encurred depending the Action and before the Pea was pleaded It was the Opinion of the Court That the Plea was good But Exception was taken to the pleading The Defendant saith That the said Church is a Parochial Church cum Cura animarum but doth not say That it was so at the time of the Lease and Obligation made For it may be that at the time of the Lease there was a Vicar and then it was not Cura animarum And afterwards upon that Exception Iudgment was given for the Plaintiff CXLIX Wroth and Capell's Case Pasch 26 Eliz. In the Kings Bench. 4 Len. 197. THe Case was A. was Indicted upon the Statute of 8 H. 6. And Exception was taken to the Indictment because no word of Freehold was in it or to prove that the party grieved had any Freehold whereof

the 18th day Cook The Iudgment for the Queen upon an Information of Intrusion is Quod defendens de Intrusione transgressione Contemptu praedict convincatur c. And afterwards a Commission shall issue forth for to enquire of the Mean profits and there the Defendant may shew this matter in taking of the damages And if the Intrusion be at any time in the Information it is sufficient enough to have Iudgment upon it and in our Case the Continuance is laid 18 May. Egerton Sollicitor The Record warrants the Iudgment given upon it For possession laid in the Queen is sufficient to this Information And here Payn doth not answer the Queens title but traverseth the Intrusion And therefore he being found Intrudor by Verdict Iudgment ought to be given upon it For the Iury have found the Intrusion generally and specially 17 May. And that cannot be assigned for Error for it is part of the Verdict of which Error doth not lie but Attaint For if any Error was it was in the Iury and not in the Court. Which Manwood Concessit Tanfield As to the Case of Continuance of an Intrusion it is clear That every continuance ought to have a beginning for a thing which hath no beginning cannot be continued and here is not any beginning for the beginning which is laid in the Information is pretended to be 17 May and that cannot be causa qua supra Popham If an Information be brought of an Intrusion where in truth there is not any Record to prove it and the Iury find the Intrusion shall you have a Writ of Error upon it And every continuance of Intrusion is an Intrusion This Matter had been good Evidence to the Iury. Sed non habet locum hic c. CXCVI. Sir John Southwell's Case Hill. 28 Eliz. In the Exchequer SIr John Southwel of the County of Lanc. 7 July 2 Len. 132. 19 Eliz. made a Conveyance of all his Land to divers Feoffees and their Heirs upon Condition That they should find him and his Wife and so many persons in his House c. prefer his Daughters in Marriage pay his Debts c. And if there fell out at the years end upon Accompt made by the Feoffees any surplusage that then at the end of every such year they should answer such surplusage as should then remain in their hands unexpended of the Rents and Profits of his said Lands with Clause of Revocation c. Afterwards the said Conveyance being in force came the Statute of 23 Eliz. concerning Recusants Vpon which Statute the said Southwel was now Indicted And afterwards a Commission issued out of the Exchequer to the Sheriff of Lancast to enquire of the Lands of the saith Southwel And although against the said Conveyance it was given in Evidence That after that Conveyance the said Sir John Southwel had granted Trees out of the said Lands and had taken Fines and Incomes for Leases c. Yet the Iurors charged to enquire would not find That the said Sir John had any Lands c. And by special Commandment of the Queen it was referred out of the Exchequer to all the Iustices of England If the Lands of the said Sir John Southwel contained ut supra were subject to the said Statute and the penalties thereof And upon great deliberation had It was by them all Resolved and Agreed That notwithstanding that Conveyance the said Lands were lyable to the said Statute And as to the Iurors which against their Evidence given unto them for the Qeeen gav their Verdict ut supra process was awarded against them out of the said Court for to appear before the Lord Treasurer and the Barons of the Exchequer And for their said Contempt they were committed to the Fleet and each of them fined 20 l. CXCVII Hill. 28 Eliz. In the Common Pleas. IN a Writ of Entry Sur Disseisin The Tenant said That the House in demand is within the City of London and that the said City is antiqua Civitas And that King Hen. 3. Concessit civibus Civitatis praedict quod non implacitentur de Terris Tenementis suis c. extra muros Civitatis praedict And further said That he himself is Civis London c. and demanded Iudgment of the Writ Note in the pleading before the Tenant said illis rectum teneatur intra Civitatem praedictam secundum Consuetudinem Civitatis praedict And to this Plea Exception was taken because that the Tenant doth not shew before whom by their Custom they ought to be impleaded It was the Opinion of the whole Court That the Tenant ought to have shewed That the Citizens for their Lands ought to be impleaded in the Hustings c. And the general words in the plea scil Sed illis rectum teneatur intra Civitatem praedictam secundum Consuetudinem Civitatis praedict did not supply the defect aforesaid After It was awarded by the Court That the Tenant answer further c. CXCVIII. The Lord Anderson's Case Mich. 29 Eliz. In the Common Pleas. THe Lord Anderson Chief Iustice of the Common Pleas 1 Roll. 189. brought an Action of Trespass by Bill for breaking of his House in the City of Wor. against one A. Citizen of the said City Now came the Mayor and Communalty of the said City and shewed their Charter granted to them by King E. 6. and demanded Conusans of Pleas. And by the Award of the whole Court the Conusans shall not be granted because that the Priviledge of this Court whereof the Plaintiff is a principal Member is more antient than the Patent upon which the Conusans is demanded For the Iustices Clarks and Attornies of this Court ought to be here attending to do their Offices and Services as belongs unto them and shall not be impleaded or compelled to implead others elsewhere than in this Court. And this Priviledge was given to this Court upon the Original Erection of it And such was the Opinion of the whole Court. And as for the Conusans it was denyed CXCIX Cocket and Robston's Case Mich. 29 Eliz. In the Common Pleas. ARthur Cocket Thomas Andrews and A. his Wife 2 Len. 118. Post 192. 230. 1 Len. 219. 1 Len. 302. brought an Action of Accompt against Robston and Declared That one Mountford by the hands of Jo. Wase had delivered 100l to the Defendant pro relevamine of the said Arthur and Anne The Defendant pleaded Ne unque Receiver pur accompt render Vpon which they were at Issue And Iudgment was given That the Defendant should accompt Who before Auditors assigned alledged That he had expended the said 100l in the Education of the said Arthur and Anne by the space of 8 years after the delivery of the said 100l Vpon which they were at Issue And upon Evidence it was shewed on the Plaintiffs part That heretofore the said Arthur brought a Writ of Accompt against the said Robston as Guardian in Socage for the Land of the said Arthur discended And upon the

said Accompt the said Robston demanded allowance of 20 Marks by the year for the said 8 years for the Education of the said Arthur which was allowed to him so as now he shall not be received to demand allowance for the said 8 years for the Education of the said Arthur out of the Accompt of the said 100l and that was fully proved to the Iury. It was moved How the Iury should demean themselves in their Verdict For the Issue is That the Defendant had expended the whole 100l in the Education of the said Arthur and Anne And some were of Opinion If the Defendant had expended part in the Education of the said Anne only yet the Iury ought to find for the Plaintiffs For the Issue is entire upon the expending of the said 100l in the Education of the said Arthur and Anne without saying how much for the said Arthur and how much for the said Anne But Periam and Anderson Iustices were clear to the contrary Wherefore they advised the Iury to find specially if they conceived that the Defendant had expended any part of the 100l and to find it and how much And after the Iury found against the Defendant That nothing was expended c. And gave damages 20l. And the Iustices at the first doubted If damages should be given in an Accompt But at length they received the Verdict by the manner de bene esse See 2 R. 2. Fitz. Accompt 45. 2 H. 7. 13. 10 H. 6. 18. 21 H. 6. 26. And the Book of Entries 17. in such case damages were given CC. Tooley and Preston's Case Hill. 29 Eliz. In the Common Pleas. 1 Len. 397. 1 Cro. 206. 2 Len. 105. IN an Action upon the Case by Tooley against Preston which see Mich. 29 Eliz. Reported in Leon. 1. Part fol. 297. Iudgment was given for the Plaintiff And now upon the Retorn of the Writ of Enquiry of Damages It was moved That for as much as the Damages are excessive viz. 200l that the Court de Gratia would abridge the Damages But the whole Court was against it For that they as Iudges cannot know what prejudice and damage the Plaintiff hath sustained by the wrongful detaining of the said Recognizance but the Iury may well have notice of such matter And as the Case is here the damages are but incertain upon the Assumpsit For the Defendant assumed That if he did not redeliver the said Recognizance to the Plaintiff to pay him 1000 l. so as the damages are reduced to certainty by the promise of the Defendant himself And by Anderson If I bail to you an Obligation to rebail the same to me before such a day one 10l now upon not delivery at such a day I shall have an Action of Debt for the 10l contrary by Windham And by Anderson in the principal Case If the Defendant had pleaded Non Assumpsit and the Iury had found the promise they might have given 1000l damages without danger of an Attaint notwithstanding that the Plaintiff could not prove that he was damnified one penny and that by reason of the express Assumpsit of the Defendant CCI. Bingham and Squire 's Case Hill. 29 Eliz. In the Common Pleas. BIngham brought Debt upon an Obligation against Squire 4 Len. 61 The Condition was That if the said Squire procure a Grant of the next Avoidance of the Arch-Deaconry of Stafford to be made to the said Bingham so that the said Bingham at such next Avoidance may present That then c. And the Case was That afterwards by the means and endeavour of Squire the Grant of the said next Avoidance was made to Bingham But before the next Avoidance the present Arch-Deacon was created a Bishop so as the presentment to that Avoidance appertained to the Queen It was adjudged in this Case That the Condition was not performed and that by reason of these words So that Bingham may Present And afterwards the Plaintiff had Iudgment to recover CCII. Rolt's Case Hill. 29 Eliz. In the Common Pleas. THe Case was A Lease is made to two durante vita ipsorum alterius eorum diutius vivent absque impetitione Vasti durante vita ipsorum The one of them dieth Now although some conceived there was a difference between the Limitation of the Estate and of the Liberty c. for the Limitation of the estate seems to be more liberal Yet it was agreed by the whole Court That the Liberty runneth with the Estate and shall endure as long CCIII Farmer and Dorington's Case Hill. 29 Eliz. In the Common Pleas. AN Action upon the Case for these words I will prove Farmer to be a perjured Knave It was moved The words are not Actionable for it is not a meer affirmation But after many motions It was holden by the whole Court That upon those words an Action did well lie CCIV. Allen and Hill's Case Mich. 29 30 Eliz. In the Kings Bench. 1 Cro. 238. IN an Ejection Firme by Allen against Hill of a House in Cornhill in London Vpon Not guilty pleaded The Iury found this special matter viz. That one Francis Beneson was seised of the said House in Fee and 4 Eliz. devised the same to Anne his Wife for life in full satisfaction of all her Thirds in London and after her death to Tho. Beneson his Brother in Fee Proviso That if Anne clearly the words of the Verdict are totaliter depart out of London and dwell in the Country that then she shall have a Rent out of the said House And the Iury found further That Francis died without Issue and that afterwards Thomas died Robert being his next Heir And that 14 Eliz. Anne clearly departed out of London and went to Melton in the County of Suffolk And that afterwards Robert before any Entry released unto Anne and afterwards against his Release entred It was argued for the Defendant That by this Proviso and the departure of Anne out of London the Freehold was not out of her and vested in Robert before the entry of Robert For if it were out of Anne then is she but Tenant at sufferance to whom a Release made cannot enure And the words of the Will are not That her Estate shall cease And here as the case is Anne cannot be Tenant at sufferance to him in the Remainder betwixt whom and her there is not any privity See 18 E. 4. 25 26. Tenant for the term of the life of another the Remainder over in Fee Cestuy que vie dieth The Tenant remained Tenant until he in the Remainder entred upon him And so in our Case although Anne hath clearly departed out of London c. yet the Freehold of the House doth continue in her until the Entry of Robert and then the Release made to her is good Also the Breach of the Condition is not fully found For the Proviso is If she clearly departs out of London but it doth not stay there and dwell in the Country c. And

and have day to plead CCXX Dicksey and Spencer's Case Mich. 29 Eliz. In the Common Pleas. THe Case between Dicksey and Spencer see H. 29 Eliz. Notwithstanding the Opinion of the Court of Common Pleas The Mayor and Aldermen of London reversed the Iudgment given in an Assise of Freshforce Vpon which Dicksey sued a Commission directed to Anderson Manwood and Periam to examine the said Iudgment ad errorem corrigendum And the Case was often Argued The principal matter was That Lessee for years in an Action of Debt brought against him for the Rent reserved claimed Fee by bargain and sale of his Lessor the which bargain and sale the Plaintiff traversed And it was argued Because this bargain and sale was traversed there was not any forfeiture in the Case for upon that both parties are at large As in a Praecipe quod reddat The Tenant disclaims and the Demandant avers him Tenant he shall not enter for that Disclaimer But all the three Iustices were clear of Opinion That notwithstanding the Traverse it is a forfeiture for the very claim is a forfeiture which cannot be saved by matter subsequent See 9 H. 5. 14. If Tenant for life be impleaded in a Writ of Right and joyns the Mise upon the meer Right it is a forfeiture Another Error was assigned Because where it is found that both the Defendants Disseisiverunt the Plaintiff but Spencer only with force and the Iudgment in the Assise of Freshforce was that ambo Capiantur where no force is found in Clark one of them yet such a Iudgment is good enough For the Assise have found a Ioynt Disseisin and that Clark was present at the said Force and then he particeps Criminis And of that Opinion were all the 3 Iustices And it way Objected That forasmuch as Clark is Convicted of force upon the matter for both ought to be taken therefore the Damages ought to be trebled against both And the Court was in some doubt of that But clearly the Incrementum shall be trebled as well as the Damages taxed by the Assise And after many Arguments the said Iustices moved the parties to a friendly course to compound the matter For if we reverse the Iudgment given in the Hustings Then Spencer may have his Writ of Error upon the Iudgment in the Assise of Freshforce sic infinite And afterwards the parties put themselves to the Mediation and Order of the said 3 Iustices who at length made an end of the matter betwixt the said parties CCXXI The Lady Newman and Shyriff's Case Mich. 29 Eliz. In the Star-Chamber 4 Len. 25. THe Lady Newman Sister of James Wingfield lately deceased Exhibited a Bill of Complaint in the Star-Chamber against one Shyriff dwelling in Ireland and two others setting forth That the said Shyriff had forged a Deed purporting That the said James had by the same given to him all his goods and also that the said James had assigned to the said Shyriff a Lease for years of Lands in Ireland And also that the said Shyriff had procured the said two other Defendants to depose upon their Oath before the Town-Clerk of London That the said Deed was sealed and delivered by the said James as his Deed. It was moved by the Counsel of the Defendant's That these matters of Forgery are not within the Statute of 5 Eliz. nor also the Perjury or the procurement of it Whereupon the Lords of the Council referred the Consideration of the said Statute to both the Chief Iustices who the next Court-day declared their Opinions upon the said Matters 1. That the said Statute did not extend to forgery of a Deed conveying a gift of Chattels personals Which see by the Statute which as to that point extends but to Obligations Bills Obligatory Acquittance Release or other discharge And also a Deed of an Assignment of a Lease of Land in Ireland is not within the said Statute And also the said Iustices were of Opinion That this Perjury and the procurement of it is not punishable by the said Statute because the Oath was taken Coram non Judice For the Town-Clerk of London cannot minister an Oath in such case no more than a private person But because the Bill in the perclose and Conclusion of it was contrary to the Laws and Statutes of this Realm The said Chief Iustices were of Opinion That the said Court might punish those offences as misdemeanors at the Common Law but not according to the Statute And afterwards Shyriff paid for a Fine 3 l. and by Order of the Court was set in the Pillory CCXXII Middlemore's Case Mich. 29 Eliz. In the Kings Bench. MIddlemore brought an Action upon the Case for these words scil Middlemore is a Cosening Knave for he had me to Coventry and there cosened me of 40 s. And afterwards had Iudgment to recover And now the Defendant brought a Writ of Error in the Exchequer-Chamber and there the Opinion of the whole Court was That the said words were not actionable And the Case of one Egerton was remembred Thou art a Cosening Knave Coroner For thou hast Cosened me of my Land. The Plaintiff in that Case could not have Iudgment For he was not particularly charged in respect of his Office. And Note That in this Case of Error the Defendant pleaded an Outlawry in the Plaintiff and being barred in that he pleaded now an Excommengement in the Plaintiff and shewed the Letters of Excommunication Vpon which it appeared That the Plea was pleaded before the Outlawry was pleaded And it was Ruled by the whole Court That this Plea lieth not for the Defendant For he cannot have two Pleas to the person of the Plaintiff but where his second Plea is matter of later time since the first Plea And afterwards the said Iudgment was reversed CCXXIII. Barns Executor of the Bishop of Durham and Smith's Case Mich. 29 Eliz. In the Exchequer EManuel Barns Executor of Barns late Bishop of Durham 2 Len. 21. brought Debt for Arrearages of Rent reserved upon a Lease for years of certain Mines demised to Smith scil Mines called Argill and Mines called Greenbourn and it was against the Executors of Smith The Defendant pleaded as to parcel Non detinet and as to other parcel of the Arrears That in the Indenture of demise there is a Covenant Quod si contigerit that the said Lessee impeditus fuerit quominus Mineris praedict gaudere possit That then so much of Rent should be deducted amounting to the value of the Mines he could not enjoy c. And pleads in facto quod impeditus fuit quo minus gaudere potuit Mineris praedictis c. And it was found for the Plaintiff And it was moved by Cook in arrest of Iudgment That here is not any place shewed where these Mines were so as Non constat from what place the Visne shall come As if in an Action as here the Plaintiff Declares of a Lease made of Land called R. in

and it was assigned for Error because that in the Declaration it is alledged That the Wife Administred the Goods of the Intestate and did not shew that she was Administratrix c. and took Letters of Administration 2. It is not alledged That the Wife had Goods of the Testator at the time of the promise for otherwise she shall not be bound For it is but Nudum pactum for Executors or Administrators not having Assets shall not be charged And it was holden here That Request is not necessary for the debt was before the promise so as the Request is not any cause of the Action CCLIII Matthews's Case Pasch 30 Eliz. In the King Bench. NOte That a Bill of Perjury upon the Statute of 5 Eliz. was sued by the Queen and the party because that the Defendant being one of the Homage c. did present with the rest of the Homagers That the Plaintiff had cut down certain Trees c. Whereas in truth he had not cut down any And it was holden by all the Iustices That for this matter the Bill did not lie upon this Statute For this branch of the Statute is to be intended of Perjury in Depositions only And by Tanfield A Bill doth not lie upon the Statute upon Perjury committed in an Answer to a Bill in Chancery See 41 Eliz. Flower 's Case CCLIV Trin. 30 Eliz. In the Common Pleas. Co. Rep. Gatewards Case IN a Replevin The Defendant avowed for Damage Feasant The Plaintiff in bar of the Avowry shewed That every Inhabitant in every Messuage in the said Town had used to have Common in the place where c. Glanvile argued That the prescription was not good for want of Capacity in the party who pretends Interest for it is not certain but applyed to a Multitude and he put divers Cases in proof of it 22 H. 6. 21 H. 7. 1. Mar. Dyer 100. The King grants a Rent probis hominibus of Islington the same is void for they are not capable Harris I conceive That the Prescription is good And he granted That a confused Multitude cannot prescribe in a matter of Interest but in an Easement or discharge As in a Way to the Church and that by reason of Custom in the Land and not in the persons See 7 E. 4. 26. Where it is pleaded That all the Inhabitants within such a Town time out of mind c. have used to have Common there c. And for a Township to have a Way to the Church And good by Danby And by Littleton it ought to be pleaded by way of usage And 18 E. 4. 3. All the Inhabitants of such a Town may well prescribe And he cited Bracton 222 223. Communia quandocunque ex longo usu sive constitutione cum pacifica possessione continue non intermixta ex scientia negligentia patientia Dominor ' ita etiam amitti potest per negligentiam non usum And he vouched Britton fol. 144. Common is obtained by long sufferance and also it may be lost by long negligence c. CCLV. Pye and Grunway's Case Mich. 30 Eliz. In the Common Pleas. IN Trespass brought by Pye against Grunway and one B. The Plaintiff declared against Grunway only who pleaded not guilty And it was found for the Plaintiff And in Arrest of Iudgment it was moved That the Plaintiff in declaring against one only had falsified his own Writ To that it was said That at the uttermost it is but a discontinuance so but matter of form and so relieved by the Statute of 18 Eliz. But it was said by the Court that it may be That B. was outlawed at the Plaintiffs suit and then the proceedings is determined as against him And the Court demanded of the Clerks If the use of the Court be not so in such case to declare That Grunway simul cum B. utlagat ad sectam Querentis did the Trespass Who answered Not in this Action but in an Action of Debt it is otherwise And afterwards notwithstanding that Exception Iudgment was given against the Plaintiff CCLVI. Thorp and Wingfield's Case Trim. 30 Eliz. In the Common Pleas. IN Waste the Plaintiff declared upon a Lease for years generally and the truth of the Case was That the Plaintiff had made a Lease for years to one A. which Lease being in force for two years he Leased the same Lands for years as he hath declared to begin presently and the Waste which is assigned in the Declaration was done during the first Lease And now If the Defendant upon this matter might plead No waste done was the Question And it was said by the Court That such a plea should be perilous for the Defendant for it shall be found against him and if he pleadeth the special matter aforesaid scil The former Lease in esse at the time of the Waste committed after the expiration of which Lease no Waste was done If the second Lease be not by Indenture it should be a good Plea but if by Indenture then the Plaintiff would estop him by the Indenture to shew that the second Lease hath another beginning than the Indenture purports and then the Waste shall charge the Defendant And although the Plaintiff had not declared upon a Lease by Indenture yet if the Defendant pleaded the special matter aforesaid he by way of Replication shall estop the Defendant to plead any other beginning of the Term than the Letter of the Indenture doth purport and the same shall be no Departure for it is matter which strengtheneth the Declaration CCLVII Botham and the Lady Gresham's Case Pasch 30 Eliz. In the Common Pleas. IN a Prohibition by Botham and Couper 1 Len. 94. 1 Cro. 71. 1 Len. 128. Post 265. against the Lady Gresham who had impleaded them in the Spiritual Court for Tythe-Hay and made their Suggestion That time out of mind c. they had paid to the Vicar of the said Parish 4 d. for the Tythe of Hay of every Acre It was moved That upon that surmise a Prohibition ought not to be granted for that a Modus Decimandi shall never come in Question But the party ought to have pleaded the same matter in the Spiritual Court scil That the same doth appertain to the Vicar and not to the Parson and then if the Vicar sueth for the Tythe of the Hay the Modus Decimandi will come in Question and although that he hath averred in his surmise that the Tythe-Hay belongeth to the Vicar yet that is not material And afterwards a Consultation was awarded CCLVIII. Rush and Heighgate's Case 30 Eliz. In the Exchequer 2 Len. 121. Co. 4. Rep. Palmers Case PRocess was awarded out of the Exchequer against Rush for the levying of the sum of 200 l. which he owed to the Queen Vpon which It was found by Office That Rush 22 Junii 22 Eliz. was possessed of Lands for the Term of divers years then and yet to come And the Debt of the Queen began

Eliz. Leon. 166. Lib. 1. was this Term adjudged upon the Devise That the Survivour shall be each others Heir It was holden That all the surviving Brothers are Ioynt-Tenants and although this word Survivour be in the singular number yet in sense upon the whole matter it shall be taken and construed as for the plural number Survivour shall be each others Heir i. e each Survivour i.e. every Survivour i.e. All the Survivours and then in this case The Plaintiff and the Defendant being Ioynt-Tenants cannot maintain an Action of Trespass one against the other CCCLIII Mich. 32 Eliz. In the Common Pleas. BY the Statute of 32 H. 8. cap. 37. The Executors of a Grantee of a Rent-Charge may distrain for the Arrearages of the said Rent in the life of the Testator so long as the Land charged doth continue in the seisin or possession of the Tenant in Demesne who ought immediately to have paid the said Rent or in the seisin of any other person or persons claiming the said Lands only by and from the said Tenant by purchase gift or descent in like manner as the Testator might or ought to have done in his life-time It was now moved If A. grant a Rent-charge to B. the Rent is behind B. dieth A. enfeoffeth C. in Fee who divers years after enfeoffeth D. who divers years after enfeoffeth E. It was holden in this Case by Walmesley Periam and Windham Iustices That E. should be chargeable with the Arrearages to the Executors Anderson Chief Iustice held the contrary But they all agreed That the Lord by Escheat Tenant in Dower or by the Curtesie should not be chargeable for they did not claim by the Party only but also by the Law. CCCLIV. Leverett and Townsend's Case Trin. 32 Eliz. In the Kings Bench. IN an Action upon the Case for disturbing him of hs Common 3 Cro. 198. 2 Len. 184. The Plaintiff declared That he was seised in Fee of a Messuage and certain Lands And that he and all those whose Estate he hath have Common of Pasture in 16 Acres of Lands called D. from the time that the Corn is reaped until it be sowen again And also Common of Pasture in Land called R. omni tempore anni as appendant to the said Messuage and Land and that the Defendant had plowed the said Lands and so disturbed him of his Common It was moved in stay of Iudgment That it appeareth here that the Plaintiff was seised in Fee and so he ought to have an Assise and not an Action upon the Case But the Exception was disallowed by the Court. Vide inde Ante 13. 2 H. 4. 11. 8 Eliz. Dyer 250. 11 R. 2. Tit. Action upon the Case 36. CCCLV. The Chamberlain of London's Case Mich. 33 Eliz. In the Kings Bench. THE Chamberlain of London brought an Action of Debt in the Mayors Court in Guild-hall 5 Co. grounded upon an Act of Common Council See C. 5 Part The matter was removed into the Kings Bench by Corpus cum causa Fleetwood Recorder of London prayed a Procedendo It was Objected That they of London could not make Ordinances to bind the Subjects as an Act of Parliament To which It was said by Fleetwood That the Custom of the City is That the Mayor and Aldermen and four persons chosen out of each Ward by the Communalty may make Ordinances which they call Acts of Common Council and they shall bind every Citizen and Free-man and all their Customs are confirmed by Act of Parliament and by Magna Charta which hath been confirmed 52 times and also by the Statute of 7 R. 2. For that King seised their Liberties and drove them to pay for the Redemption of them 100000 Marks and then the said King confirmed them unto them for ever and therefore this Ordinance being made according to our Custom ought not to be impeached As in Case of matters of the Forrest If one be punished for offending against an Ordinance made for the governing of the Affairs of the Forrest you cannot remove the matter before you So is the Law called Lex Idumaea concerning Rivers and Fishing in which are divers Ordinances That none shall kill Salmons at certain Seasons of the year and so of other Fishes If one be punished by force of such Law he shall not be relieved here for the Law of the Land hath always allowed such particular Customs And see F. B. If two Merchants put their Stocks together and so Traffick together and the one dieth The Survivor shall not have the whole Stock as the Common Law is but the Executor of him that dieth shall have an Accompt against the other and that is per Legem mercatoriam Cook to the same intent This Act of Common Council is good and according to the Law that is of Common Right There are divers Statutes made for the true making of Cloth and to take away the abuses and deceit in the making of it and this Act of Common Council is for the well executing of the said Statutes and I conceive there is a difference in making of Laws by a Corporation A Corporation may make an Act for the better executing of any Law established at the Common Law but new Laws they cannot make As those of a Town who have used to have Common in certain Lands they cannot make a By-Law That such a one in such a Town shall not have Common there but that none shall use his Common but at such a time such a By-Law made is good See 15 H. 7. 21 H. 7. 40. See 8 E. 2. tit Assise 413. A Town had Common of Turbary in a Marsh and divers of the Inhabitants of the Town had made Trenches in the said Marsh and some had not a full Foot of Land in the Town and such persons by their Trenches which they had made there used to carry Turffs out of the said Marsh by Boats and sell them unto the value of 20 Marks per annum to their great private profit and to the great grievance of the others For which cause It was provided by common assent of the Freeholders of the Lord of the said Town That all the Trenches in the said Marsh should be stopped so as from thenceforth no Turffs be carried in Boats by the Trenches And there it was holden That if the greater part of the Commoners assent the same shall bind the others who have not assented for ubi major pars ibi totum And then if such Towns may make Laws a fortiori The City of London Secondly This Law is good by Custom for they have used to make such Acts and Ordinances time out of mind c. and these Customs are confirmed by Act of Parliament and also they may appoint a penalty for to what purpose otherwise should they make an Act Oderunt peccare mali formidine poenae Also this Action is maintainable for an Amercement in a Court Baron an Action of Debt lieth Gawdy Iustice 44 E. 3. 19.

returned the Court cannot mitigate the damages p. 150 A second Writ of enquiry of damages where not grantable p. 177 The Plaintiff in Replevin is Non-suit the Court may assess damages without a Writ of Enquiry p. 213 Debt Lachess in pleading it where turn to his prejudice p. 63 Against the Heir a general judgment shall be given in it against him by reason of his false Plea p. 70 Lyeth not by an Inn-keeper for Dyet and Lodging in the Inn where there is not a price agreed for it certain p. 161 Where must be in the Debet where in the Detinet and of what p. 206 260 Declaration In Trespass against the Defendant Simul cum J.S. Out-lawed ad Sectam Querentis not good p. 202 Where void for the incertainty of the thing demanded by it p. 228 Deeds Of Assignment made to the King out of Term upon a day in Term which is not dies juridicus if good p. 146 Demurrer Difference between drawing up of a Demurrer upon a Plea and upon a Challenge p. 222 Deprivation Where pleadable specially where generally p. 199 Devastavit Executor of an Enfant not charged with a Devastavit made by the Executor of the first Testator p. 241 Devises Construction of them p. 25 181 Words equally divided in it amount to a Tenancy in Common p. 19 Of Rent of Lands towards education of the Son how to be expounded p. 65 Made good by Averment p. 79 Where void by the Statute of 32 H. 8. p. 105 That his Sons in Law shall sell his Lands how to be construed p. 106 Of a possibility where not good nor shall go to Executors p. 195 Of a Messuage cum pertinentiis the Curtilage and Garden passeth p. 214 Distress Upon the Glebe-Lands for Tenths and First-Fruits and where the Lessee of the Cattel shall be distrained for the same p. 259 E. EJectione Firmae De uno Cubiculo good p. 210 Election Where not transferrable over p. 211 Where the Party hath election to take by Grant or Confirmation p. 127 Entry Of a Stranger upon the Farmer of the Kings Lessee for years he hath gained the Term p. 206 Error Matter not within the Record not to be assigned for Error p. 96 If it lieth to reverse a Judgment given for the King without a Petition first sued p. 155 Lieth to reverse a Judgmene in Covenant because all the Covenanters joyned not in the Action though the Covenant was in quolibet qualibet p. 161 Where lieth not in C. B. upon a recovery had before Justices of Assise p. 159 Eviction Where a Decree in Chancery shall not be said a lawful Eviction by which a Condition shall be broken p. 71 Evidence In a Writ of Right the Tenant shall begin to give Evidence because he is in the affirmative p. 162 Evidence given where shall conclude the Party but not the Jurors ad dicendam veritatem p. 209 Executors Where their Distress for the Arrearages of a Rent Charge is good by the Statute of 32 H. 8. of Rents p. 263 Where they might satisfie Debts due upon Judgments before Debts due upon Statutes or otherwise p. 271 Executions Sued forth upon a Statute to A. shall be served before a private Statute to B. though the Statute to B. be assigned to the King p. 239 240 By Capias ad Satisfaciendum sued out within the year though not prosecuted for two or three years after together yet the Party may proceed upon it without a Scire Facias p. 259 Debt is recovered by an Administrator durante minore aetate and Execution had and when the Executor comes of age how the Party shall be discharged p. 278 F. FEoffments Livery and Seisin made by Attorny where good to pass the Lands where not p. 37 Of a Mannor An Advowson Appendant shall pass but not the Services if there be no Attornment p. 193 To divers Persons to the use of his Will and afterwards wills the Feoffees shall stand seised till they have levied 100 l. good although in Feoffees at the time of the Devise p. 262 Fines levied Upon a Release not enure to an use p. 36 Where shall make a discontinuance where not p. 74 Where a Bar where not p. 74 Remainder is limited in tail to J. S. and the Heirs of his Body to begin after the death of the Tenant for life If a Fine be levied by him with Proclamation in the life of the Tenant for life shall bar the Issue p. 211 Where a Bar to a Woman in Dower because she pursued not her Claim within five years p. 221 Forfeiture What shall be a forfeiture within the Statute of 11 H. 7. Lessee for years in debt for rent claimed fee by bargain and sale of his Lessor which was traversed by the Lessor yet a forfeiture p. 169 Forprise Where needful to be mentioned where not p. 93 G. GRants of the King p. 10 Void because the King is deceived in them p. 5 119 Not to enure to a double intent p. 75 By the King of Bona Catalla felonum utlagatorum yet the King shall have the Goods of Felo de se p. 113 Where the Church is void by the grant of the King of the Mannor with the Advowson appendant the Advowson shall not pass p. 196 Of Fines pro licentia concordandi doth not extend to Post-Fines p. 234 How to be construed p. 242 to 253 Grants of common persons Where shall enure by way of confirmation Of all Goods and Chattels passeth a Lease for years Restrained and not to extend to things in future p. 29 Of the Office of Register by a Bishop where good where not p. 30 Of a Rent-charge out of his Lands after J. S. dies without issue of his body J.S. dies having issue which issue dies without issue if a good Grant p. 103 Where the mistaking and misrecital in them shall not make void their Grants p. 136 H. HAbeas Corpus Where granted for one committed to the Marshalsey by the Chamberlain of the Houshold one of the Privy Council p. 194 Heir Where he shall be adjudged in by descent notwithstanding a Devise to him p. 118 Of a Copyholder within age not bound to come to any Court during his Non-age to pray admittance or render a Fine p. 221 I. INdictments Upon the Statute of 8 H. 6. Quare Intravit in unum Tenementum not good for the incertainty but if a Tenementum with divers Acres good for the Acres p. 102 Certified and found to be taken before Justices of Assise and Goal-delivery where not good p. 216 Upon the Statute of 5 El. of Perjury question'd because it wanted the word voluntary p. 230 Against three persons for extortion that they colore officiorum suorum had malitiously extorted excessive Fees good though their offences were several p. 268 Informations Upon the Statute of 5 Eliz. cap. for cutting down of Trees being a penal Law how to be expounded p. 104 Of intrusion upon the Possession of the King

Appendant or in gross A. 323. A Curtilage and Garden are Appurtenant to a House and pass by or without the word Appurtenant C. 214. Apportionment If the Lessor grant part of the Land the Grantee shall have no Rent A. 252. C. 1. Upon devise of Lands rendring Rent part being Capite Lands A. 310. If a Rent reserved upon a Lease of a Warren may be apportioned C. 1. None of a relief because intire C. 13. If a condition of Re-entry upon several Reddend may be apportioned C. 124 to 127. Rent may be apportioned in the Kings Case which cannot in the Case of a common person C. 124 to 127. Arbitrement Debt lieth upon it although void until it so appear A. 73 170. In such Action the Plaintiff needs shew no more than makes for him A. 73. To find sufficient Sureties to pay c. void A. 140. Without Deed cannot dispose of a Free-hold A. 228. To do one thing or another one being void yet the award is good A. 304 305. C. 62. To pay Mony to a Stranger is good A. 316. C. 62. That one Party shall have a Term for years gives the interest of the Term contra where it is that the one shall permit the other c. B. 104. Award to become bound it is a good performance if the Bond be delivered to a Stranger and after tendred to the Plaintiff B. 111 181. To do an Act to a Stranger who will not accept thereof the Bond is not forfeit C. 62. To do an Act to a Stranger not void C. 62. 212. Award that the Defendant and a Stranger become bound is good as to the Defendant though void in part C. 226. Ayd Copy-holder shall have Ayd of his Lord in Trespass A. 4. Grantee of Tenant in tail after possibility shall have Ayd yet the Grantor should not A. 291. Tenant at Will shall have it but not Tenant at Sufferance B. 47. Verdict upon an Issue upon a Counter-plea of Ayd is peremptory to the Defendant B. 52. Alien If the Kings Confirmation of a Feoffment to an Alien do avail A. 47. If the Grant of an Office to him by the King be a denization C. 243. Assent and Consent If the Conuzee of a Statute c. taken by Capias be discharged by Assent of the Conusee his Lands are also discharged A. 230 231. Assets Mony received by Executors for Lands devised to be sold to pay Portions if it be Assets A. 87 224 225. B. 119. What other things shall be Assets A. 225. B. 7. Lease for life and after his death to his Executors for 10 years if this Term be Assets C. 21 22. If Mony received by the Heir for Redemption of a Mortgage be Assets to pay Debts C. 32. Executors by Award receive 50 l. and release a Bond of 100 l. the whole 100 l. is Assets C. 53. Assignee If Assignee of parcel may have covenant against Lessee for years A. 251 252. Who is a sufficient Assignee A. 252. Executors or Administrators A. 316. Assize Of a Rent rendred in Fee by Fine A. 254. The manner of adjorning and giving Judgment where the Disseisor pleads Foreign Pleas B. 41. Of fresh-force in London C. 169 170. Attachment Of Goods in a Carriers hands 189. A Debt by Judgment Stat. Recogn c. cannot be attached A. 29 30. No Mony taken in Execution A. 264. What is a good Plea for him in whose hands Mony is attached A. 321. If the Plaintiff shall recover costs against him in whose hands c. A. 321. Mony for which an Action is depending cannot be attached C. 210. One cannot attach Mony for a Debt before the Debt be due C. 236. Corn is not attachable C. 236. A Debt upon Record cannot be attached C. 240. Attainder A person attainted cannot be charged with Actions A. 326 327. If a person attainted may be put to answer in personal Actions A. 330. What is forfeited to the King by Attainder of Tenant for life or in Tail in Remainder B. 122 123 to 126. Differences of Attainder and Conviction B. 161. If one attainted of Robbery shall answer in criminal Cases C. 220. Attaint What Heir shall have it A. 261. Upon the Statute of 23. H. 8. 3. A. 279. If it lie where the Plaintiff might avoid the Judgment by Error A. 278. Attornment To whom and how it must be made A. 58. Quoad part is good for all A. 129 130 234. Upon a Lease for years in Reversion A. 171. C. 17. An Abator may Attorn A. 234. The definition thereof A. 234. By the first Lessee binds the Tenant in remainder for years or life A. 265. Good by the Tenants of the Land to him in remainder after the death of Tenant for life A. 265 To the surviving Grantee of a Reversion good A. 265. To the Grantee of the Reversion of a Mannor by Lessee for year of the Mannor passes the Mannor and binds the Tenants A. 265. After condition broken is good to vest the Estate by the breach of the Condition A 265. The Relation of an Attornment A. 265. B 222. Who is compellable by a Quid Juris clamat to attorn A. 290 291 B. 40. C. 241 242. No Attornment is necessary upon selling a Reversion of Copyhold A. 297. C. 197. In what cases necessary A. 318. C. 103. Lease of Demesnes by Grant of the Mannor the Reversion passeth not without Attorment B. 221 222. An Advowson appendant to a Mannor shall vest without Attornment of the Tenants B. 222. What Words or Consent amount to an Attornment C. 17. Lessor levies a Fine to the use of himself and his Heirs Lessee must Attorn C. 103 104. If it be necessary where the Grantee is in by Statute of Uses C. 104. It is necessary to pass Services of a Mannor C. 193. Tenant of the Land must attorn upon granting over a Rent-charge C. 252. Reversion of a Term a Lease of part of the Term being first made cannot pass the Term and Rent reserved upon the first Lease without Attornment but a Term without Rent reserved he may C. 279. Lessor grants the Reversion to Lessee and A. B. no other Attornment necessary C. 279. Attorny J.S. Praesens hic in Cur. in propria persona sua per A.B. Attorn suum how construed A. 9. Lessee for years cannot surrender by Attorny A. 36. How to make a Deed by Attorny Ibid. B. 192 200. May essoign for a Copyholder but not do services A. 104. To three conjunctim divisim to deliver Seisin A. 192 193. How Attorny must make Livery where the Lands lie in several Counties A. 306 307. In an Indenture C. 16. Audita Querela Upon a Statute Merchant the Suit shall be in the Kings Bench But upon Statute-staple in the Chancery A. 140 141 228. contr 303 304. Process therein is either Venire facias or Scire facias A. 140 141. Upon a Statute Staple upon payment of the Mony in the Court of C. B. quod nota the party is bailed A.

no judgment can be given C. 14. Where as to part a Plea is pleaded which is tryable by Certificate or otherwise than by Jury if the other which is tryable by Jury be not continued the whole is not discontinued C. 268. Conuzance de Pleas. Not grantable if the Plaintiff be priviledged in the Courts at Westminister C. 149. Copulative Disjunctive Where a Copulative shall be taken as a Disjunctive e converse A. 74 244 251. Where a thing is to be done Copulative both the matters must be averred A. 251 252. Corporation Upon a grant to them of an Acre in a great Field how they must make election A. 30. Must acknowledge Deeds and levy Fines c. by Warrant of Attorny A. 184. Where the names of the Heads of what Corporations must be shewed in pleading A. 306 307. How they must make a Lease by Attorny where they are out of possession B. 97 98. Cannot be Feoffees to Uses B. 122. Leases by them must be made by their true name of Incorporation as to substance A. 159 to 163 215. B. 97 165. C. 220. Corpus cum Causa See Habeas Corpus Covenant To assure Lands the Covenantor is not bound to seal a Deed with Covenants A. 29. To repair upon warning Action lies by Grantee of the Reversion though the House was ruinous before his Title A. 62. That the Premisses should be exonerated De omnibus oneribus c. how broken A. 93. C. 44. That the Lessee shall take Fireboot super dicta premissa extends not to Lands excepted A. 117. To help and assist the Plaintiff in a Suit in the Defendants name and not to abate it the Defendant being a Feme Sole takes Husband yet is the Writ but abateable A. 168 169. Upon the words Dedi Concessi A. 179 278. B. 104. By Lessor to repair the Lessee in his default repairs if the Lessee may retain Rent for it A. 237. What Covenant makes a Condition and shall defeat an Estate A. 246. Upon the words absque impetitione denegatione Covenant lies if the party himself disturb A. 277. For quiet enjoyment from all claiming under the Covenantor the breach must say how he claimed A. 318. Performance of Covenants in the Disjunctive must be especially pleaded A. 311. Where it lies upon a Proviso A. 318. To make an Estate or repair a House how performance must be pleaded B. 38 39 53. To make assurance binds not to release with Warranty B. 130. One Covenants to assure such Lands as shall descend to him the same to be yearly worth 40 l. If all the Lands by descent are to be assured C. 27. That the Lessee shall enjoy without interruption of any If interruption by one who hath no Title be a breach C. 44. Covenant to leave the Houses in as good plight as he found them C. 44. If upon a Covenant to repair a Recovery be had the Lessor can sue no more C. 51. If one be interrupted by a Decree in Chancery that is no breach of a Covenant to enjoy without lawful Eviction C. 71. Who shall do the first act where the Covenant is reciprocal C. 219. B. 211 212. That he hath made no former Assurances but that the Land shall descend raises no Uses C. 7. Count. Where in a Quare Impedit the Writ may be general and the Count special A. 226 227. Where in a Writ of Entry Sur disseisin brought by Tenant in tail A. 231. How to Count where one of two Debtors or Trespassors are Utlawed C. 202. Countermand In what case the Bailor of Goods may Countermand the authority of the Bailee B. 31. Courts and Offices of the Court. The Common Bench cannot write to the Kings Bench for a Record A. 90. If upon pleading a Title be found or confest for the King the Court ex Officio must prosecute for the King A. 194 323. A Court to admit Copyholders may be held out of the Mannor A. 289. In what case the Kings Bench may hold Plea under 40 s. A. 316. What duty due by a Subject to the King gives the Subject priviledge in the Court of Exchequer B. 21. How and by what authority Nisi Prius are tryed out of the Exchequer B. 87. All the Courts except the Common Bench are variable as to the place and must be shewed where they sit B. 102 103. Courtesie of England In what case the Husband be where the Wives Estate is defeasible by condition A. 167 168. By custom of Mannor B. 109. If the Husband shall be Tenant by the Courtesie of the Seigniory of the Wife where he himself was Tenant C. 247. Court Christian Their Sentences there are good until revoked by other Sentence B. 169 to 172 176 177. Cui in vita What is a good Bar therein A. 53. Custom Of free Bench within a Mannor A. 1. That the Lord may seise for conviction of his Tenant of Felony A. 1. Where it shall be taken strictly A 1●2 B. 109. Of Bristol that a Covenant shall bind by Parol is good A. 2. That a Copyholder may Lease for years ad pasturand non ad colend ' A. 16. What Customs are void being unreasonable A. 217. C. 81 82 226 227. What are good and reasonable A. 217 328. C. 227. That the Lord may take the profits during the Nonage of the Infant Tenant good A. 266. Customs of the Kings Courts are Laws B. 85 86. Custom alledged infra Regnum Angliae if good B. 114 115. A good Custom that Robbers at Sea shall share the Goods though one Ship did but stand by and look on B. 182. D. Damages INcreased by the Court super visum vulnerum A. 139. No costs upon discontinuance by original Stat. 32 H. 8. 15. A. 115. Intire assessed upon one promise to perform an Award of two matters whereof one void how adjudged A. 170 171. An Action upon the Stat. of 8 H. 6. of Forcible entry treble Costs and Damages A. 282. B. 52. If the Jury ought to assess any Damages in Account A. 302. In what Actions Costs by the Statute 32 H. 8. vide tit Stat. B. 9 52. C. 92. In account the Plaintiff hath Damages B. 118. The Plaintiff shall have Costs assessed but by one Jury though several Trials by several Juries B. 177. Grantee of a Reversion shall recover Damages in Covenant but for things done since the Grant C. 51. The first Jury which tries the first Issue may assess Damages for the whole Trespass C. 122. If the Plaintiff in Replevin be non-suited after Avowry for Rent the Court may assess Damages without a Writ of Enquiry C. 213. If joynt Damages be assessed for two Trespasses one of which lieth not the Plaintiff cannot have Judgment C. 213. Where the Court will abridge Damages C. 150. Dean and Chapter hujusmodi An Arch-Deacon Prebend what they are A. 13 205. What places have two Chapters and if Leases confirmed by one be good A. 234 235. The Chapter must be party to a

C. 64. The manner of swearing the Jurors C. 162. Upon Issue upon the meer Right the Tenant must first give evidence C. 162. In a Writ of Right Sur Disclaimer it is a good Bar that the Lord since accepted the Rent from the Tenant C. 272. Duresse A good Bar in an Action of Account A. 13. It may be pleaded without a Traverse C. 239. What is what is not Duresse 239. Dutchy A Case thereof and of Grants made under that Seal B. 151 152 162 163 164. E. Ejectione Firme LIes of Title in London A. 19. Lies not de Tenemento A. 118. Where it lies not but upon an actual ouster A. 212. If the Plaintiff hath no Title nor the Defendant any the Plaintiff shall not recover A. 215. Et bona catalla cepit A. 312. Lies not of Copyhold upon the Lords Lease but of the Copyholders Lease A. 328. Where one pleads and the other demurs and the dem is adjudged for the Plaintiff the Plaintiff cannot relinquish the Issue and take Judgment as in Trespass B. 199. De uno Cubiculo better than de una Camera C. 210. De Romea C. 210. De Messuagio sive Tenemento is not good C. 228. The Plaintiff may relinquish his Damages where part of the Action fails and take Judgment for the other C. 228. Ejectione Custodie For a Lord of the Heir of his Copyholder A. 328. Election Of an Acre in a great Field sold to a Corporation how they must make Election A. 30. To whom given where the condition is in the disjunctive A. 70. Devise of an Acre in a Field the Devisee must make his election in his life A. 254. Grant of a Mannor except B. Arce where is two of that name the Grantor hath the election A. 268. Award in the disjunctive and one part is void yet the other must be performed A. 305. Where one hath election to claim an Estate by two manner of Conveyances by one Deed C. 16 17 128. Covenant to stand seised of Lands in S. of the yearly value of 40 l. who hath the election C. 27. Cannot be transferred over to the prejudice of another C. 154. Elegit Vide Extent and Execution If after Elegit retorned that the Lands are already in Extent the Plaintiff may have a Capias A. 176. If it be executed but not retorned Quid operatur A. 280. B. 12 13 49 50. Granted against an Executor upon Devastavit retorned B. 188. Lessee for years may pay his Rent to the Plaintiff before Suit C. 113. Embleament If Conusee of a Statute or Recognizance or the Conusor shall have the Corn sowed B. 54. Entry Estraying of Beasts sua sponte no Entry A. 110. What Act is an Entry what not A. 209 210. Entry of him who claims by Devise or Condition broken where not taken away by a descent A. 191 209 210. Semble cont B. 147. An Heir may bring an Action for Nusance without Entry A. 273. Husband Leases the Land of his Wife Tenant in Tail and dies the Feme must enter before she make Leases A. 122. In what case Cestuy que Use is put to his Entry A. 258. By death of Tenant in Tail without Issue the Freehold vests in him in Remainder without Entry A. 268. Where Trespass is maintainable without Entry A. 302. B. 47 97 98 137. Where the Entry of him in Remainder upon forfeiture of Tenant for life is lawful B. 61 62 63. The Patentee of the King must enter where there is an Intruder B. 147 148. The Lessee levies a Fine to the use of himself and his Heirs if he may re-enter without Attornment C. 103. Disseisee must re-enter before he can licence one to put in Cattle C. 144. He in Remainder after the death of Cestuy que vie may bring Trespass without Entry G. 152 153. By entry of a Stranger upon the Kings Farmer he who enters hath gained the Term of the Farmer C. 206. He who hath an under Lease in Reversion of part of the Term from a Lessee of a greater Term cannot enter to defeat the former Estate but the Lessee may C. 269. Two Tenants may plead several Tenancy in this Action B. 8. What is demandable in a Writ of Entry A. 169. Entry sur disseisin in London C. 148. Error Upon a Bill of Intrusion in the Exchequer A. 9. B. 194. By Journies accompts in a real Action against an Heir upon the death of his Ancestor Quaere A. 22. Judgment for the Defendant reversed and Judgment given pro quer ' A. 33. Of an Assise A. 55 255. Where it lies of a Judgment in Ireland A. 55. C. 159. Lies not in the Common Bench A. 55 159. Nor upon the first Judgment in Trespass or Account A. 193 194 309. B. ●68 What Heir shall have it to reverse a Recovery A. 261. 291. Of a Quid juris clamat A. 290. Upon a Judgment in a Writ of Disceit A. 293. Who must joyn or sever in Error in the realty A. 293 294 317. It is Error in a Judgment in an Inferior Court if no Plaint be A. 302. To reverse a Fine for Infancy and reversed in part A. 317. By an Executor to reverse an U●lary in Felony against their Testator A. 326. Where by reversal of one Record another is annulled A. 325 326. A second Writ of Error in nature of Diminution to remove part of a Record B. 2 3. De recordo quod coram vobis residet B. 2 3. C. 107. The principal shall have no Writ of Error upon the Judgment against the Bail B. 4. In fact viz. the death or infancy of one of the Defendants after Verdict upon a Judgment in the Kings Bench B. 54. C. 96. Upon a Judgment in the Exchequer by whom allowed B. 59. Lies of a Judgment in London Sessions upon an Indictmenr B. 107. If Error lies against the Queen unless the party petition for the Writ B. 194. Upon a Judgment in a Scire facias in the Chancery of Chester B. 194. There must be two Writs to reverse two Fines B. 211. If in such case the one Fine may be pleaded to the one Writ and the other Fine to the other Writ B. 211. If upon a Writ of Error of Fine the Plaintiff is non-suit a Stranger may have a Writ de recordo quod coram vobis residet C. 107. Commission to three Judges to examine a Judgment which was given in London and reversed in the Hustings there in Assise of Fresh-force C. 169. If the Bishop who pleads that he hath nothing but as Ordinary must joyn in the Writ of Error upon a Quare Impedit C. 176. He who disclaims shall not have Error C. 176. Escape Lyeth against the Sheriff although the Execution might be avoided by Audita Quereia or Error A. 3. B. 93 86. In what case a Vill shall be amerced for the escape of a Felon A. 107 C. 207. The Sheriff lets one escape whom he took by Cap. Utla when he had a Capias

such Grants B. 136 to 140. Void if the King be deceived by false suggestions B. 137. C. 5 6 119 242 to 251. Of Durchy Lands Tenend in feoda firma nobis hered nostr if the Tenure is as of the Dutchy B. 150 151 162 163 164. The force of general words therein B. 157 158 162 163 164. C 243 244 250. By the words ex gratia speciali certa scientia what is supplied C. 48 49 249. Of an Advowson of a Church where the King was seised of the Rectory C. 101. Where the King may claim against his own Grant C. 113. Patents must be pleaded sub magno sigillo C. 193. If a Grant of Goods and Forfeitures of one utlawed will transfer an Action of Account C. 197. Shall be taken strongly against the King if the sense be dubious C. 243. What things in the Kings Grants shall be said to deceive the King and so avoid the Grant B. 137. C. 5 6 119 242 to 250. Where the Kings Grant shall or shall not work several effects C. 243. If the Consideration be false the Grant is void C. 247 248. The Stat. 18 H. 6. cap. 1. appoints That Patents must bear the same date as the Warrant for them yet good though of a date after C. 274. H. Habeas Corpus Corpus cum Causa WHat shall be a good retorn of a Commitment by the Kings Councel A. 70. The like upon the Defendant his disobeying the Kings Protection A. 70. The like by a Secretary of State B. 175. The party discharged being detained by Process out of contempt out of the Court of Requests where it appeared to be no cause of equity the like in Chancery C. 18. Party discharged being detained by a Lords Warrant to answer before the Kings Council but says not for what C. 194. By priviledge for one who came to attend Law-Suits at Westm C. 194. Heir Of Lands held by Knights-Service may make a Lease or sell by Bargain and Sale enrolled during the possession of the King and it shall bind the Heir A. 157. What other act such an Heir may do before he have an Ouster le main A 157 158. In Debt pleads riens per descent praeter the third part of a Mannor B. 11. C. 70. What Judgment or false Plea makes him chargeable of his own Goods and Land B. 11. C. 70. To what intents Heirs are said to be several or but one Heir A. 292. Nemo est haeres viventis Ergo a Devise to the Heirs of the Body of J.S. who is then living is void B 70. Devise to the Heir is void and he is in by descent B. 101. C. 118. It is said he cannot charge himself by his promise unless he have Assets C. 67 68. Hue-and-Cry Where notice ought to be given upon a Robbery and within what time a Man may Travel A. 57. Who must be examined where Goods are robbed from a Carrier A. 323. If an Action lies against a Justice of Peace who refuseth to examine the party A. 323 324. It ought to appear that six Moneths are past since the Robbery B. 12. Bar therein by a prescription to Rob at Glads-Hill in Kent quod est mirum B. 12. Three who were robbed joyn in one Action quod est mirum B. 82. If the parties robbed be sufficient evidence at the Trial B. 82. The party robbed his duty B. 82 174 175. No Action lies against an Hundred for a Robbery in an House C. 262. J. Ieofails See the Statutes SEe Statute 32 H. 8. cap. 3. and 18 Eliz. cap. 14. For want of the Christian Name of the Attorny in the Roll if aided A. 175 176. Mis-joyning of Issues is aided But if Issue be joyned but as to part and nothing said of the rest that is not B. 195. C. 67. Ignorance What Ignorance shall excuse the Defendant of a Tort B. 94 95. Incidents A Court is incident to a Mannor and cannot be severed A. 119. A Steward is incident to a Court A. 218. And amerc●ament to a Court-Leet A. 217. What things are incident to a Hundred Court B. 74. Indictment For publishing false News Indorsed Billa vera And after Sed utrum verba fuer locuta seditiose is not good A. 287. Upon the Stat. of 1 Eliz. for administring the Sacrament in a wrong form A. 295. Where a greater punishment is added for a second offence the first Conviction must be recited in the second Indictment A. 295. Lies not for enclosing part of a Common B. 117. De morte cujusdam hom ignoti is good Con. of a Coroners Inquest B. 121. Against one Man for not repairing a Bridge in a Road B. 183 184. Of Trespass may be taken before two Justices though neither be of the Quorum B. 184. Of Forcible Entry good in part and void in part B. 186. C. 102. Upon a Statute cannot stand good as to the same offence at Common Law B. 188. For Perjury upon the Statute 5 Eliz. must say voluntarie deposuit B. 211. Against a Juror for disclosing that a party was indicted C. 207. Lies not for inclosing a Common in the parties own Land C. 216. For suing one in Debt in the Court of Request C. 229. Inducement What matter of Inducement is laid in Assumpsit and is the Consideration it must be certainly alledged B. 203 204. Infant May have an Action in nature of a Dum fuit infra aetatem upon a surrender of Copyhold Lands A. 95. Count against him for necessaries ought to be special 114. Suffers a common Recovery by Guardian A. 211. Cannot lose by default in Dower unless by Guardian B. 59. Declaration of the Uses of a Fine binds him B. 159. Lease by him without a valuable Rent is void B. 217 218 219. Cannot enter into a Recognizance for to discharge himself of an Execution C. 113. Infant Executor may sell Goods and it shall bind him C. 143. Not prejudiced by his Laches of not tendring his Fine to the Lord C. 221. Information In the Exchequer for Usury many diversities argued but not adjudged A. 96. For the King against the Master of his Ordinance for not rendring an account of Bullets c. but converting them c. what is a good plea to it B. 34. Inquiry of Damages Judgment upon Demurrer pro quer for part and an Issue depending for other part A Writ of Inquiry shall issue A. 141. Though too small Damages be found no new Writ shall issue B. 214. Inquest A Juror Alien need not be worth 4 l. per annum A. 35. Ought not to meddle with matter not in issue A. 67. Fined for eating before they were agreed A. 132 133. A Juror sworn who shewed his Charter in exemption A. 207. The Christian Name of a Juror mistaken is Error A. 276. Inquest fined and imprisoned for not finding an Office for the King B. 132. The first Inquest which tries the first issue may assess Damages for the whole Trespass C. 122. If an Inquest of

Middlesex may inquire by inquest of Office of the Customs in London C. 127. Inrollments If a Lease enrolled be lost the Jur. is not of any effect A. 329. Where a Deed may operate both by the Statute of Inrollment and of Uses C. 16. What is a good Plea against a Deed enrolled A. 183 184 B. 121. How the time is accompted for the six Months A. 183 184. If it be enrolled non refert if it were acknowledged C. 84. How a Corporation must acknowledge a Deed C. 84. Intendment Where two several quantities of Acres shall not be intended all one A. 44. Where the intent of a Man is traversable ib. 50. Where issuable B. 215. Where and how the Law construes the Intent of one who enters in Land A. 127. Where mentioning a Rent of 8 l. and after saying 8 l. Rent is intended the same Rent without the word praedict ' A. 173. How far the Law takes matters by Intendment in Wills Deeds c. A. 204 210 211. St. Martins and St. Michaels day what Feasts by Intendment A. 241. Where want of an Averment is aided by Intendment A. 281. C. 42 43. Where Baron and Feme are vouched it is intended to be in right of the Feme A. 291. If a Service be reserved according to the value of the Land it is intended the then present value B. 117. C. 114. Seisin in Fee is intended to continue until the contrary appear C. 42 43 96. Intrusion Bar therein by Grant of the King A. 9. Into the Rectory and receiving the Tithes A. 48. Disceit is no Bar therein for nullum tempus occurrit Regi B. 31 32. The Information is prout patet per recorda If the Defendant plead a Title If he need to traverse nul tiel record B. 30 31. If every continuance is a new Intrusion where the first Entry was lawful B. 206 207. Joynt-Tenants and Tenants in Common One Joynt-Tenant of the next avoidance to a Church Ecclesia vacante releases to his Companion nihil operatur A. 167. Cannot sue one the other in Trespass for their Lands A. 174. C. 228 229. Where two shall be Joynt-Tenants or Tenants in Common of an Estate tail A. 213 214. Two Joynt-Tenants are disleised by two to one of whom one Joynt-Tenant releaseth the other enters he is Tenant in Common to the Relessee A. 264. One Joynt-Tenant cannot grant to or enfeoff his Companion A. 283. If a Joynt-Tenant and a Tenant in Common may joyn in debt for Rent and make a general Count where one is to have a greater share B. 112. Devise to two to be equally divided if it be an Estate in Common or a Joynt B. 129. C. 9. If one Joynt-Tenant accept a Lease of the Land from his Companion he is estopt to claim by Survivor B. 159. Pleading of Joynt-Tenancy in abatement by Fine or Deed Stat. 34 E. 1. 8. B. 161 162. Joynder en Action Action Plea. Three Tenants in a Praecipe cannot vouch severally A. 116. Two Defendants justifie severally and the Plaintiff says joyntly de injuriis suis propr ' c. and good A. 124. Tenant for life and he in remainder in tail joyn in prescription A. 177. Where two Joynt-Tenants or Tenants in Common shall joyn in one Formedon A. 213 214. In what real Actions who shall joyn or sever A. 293 294 317. In a Writ of Error the like A. 293 294. Who shall joyn in a Writ of Error or in Conspiracy or Attaint A. 317. Three joyn in Action upon the Statute of Hue-and-Cry and adjudged good Quod est mirum A. 12. Covenant to two quolibet eorum both must joyn B. 47. C. 161. If one is obliged to account to three he may do it to any one B. 75 76. Debt upon a Judgment against three cannot be brought against one only B. 220. Two Infants Joynt-Tenants cannot joyn in a Dum fuit infra aetatem C. 255. Ioynture What alienation of a Feme of her Joynture is within the Statute 11 H. 7. 20. A. 261 262. Iourneys Accompts If Error lies for the Heir upon death of his Ancestor by Journeys Accounts Quaere A. 22. Issues joyn One joynt replication de injuriis suis propriis to two justifications adjudged good A. 124. Is called in the Civil Law Lis contestata A. 278. If an Advowson be appendant or in gross A. 323. How it shall be joyned upon pleading Ancient Demesne A. 333. Upon special Bastardy A. 335. Issue in an Inferior Court triable out of their Jurisdiction not triable in the Courts at Westm B. 37. Mis-joyn for that the Plaintiff in Covenant altered a word from the Covenant B. 116. In Replevin upon absque hoc that he took them as Bailiff B. 215. Iudgment Upon the Defendant rendring himself in discharge of his Bail A. 58. The Defendant pleads a frivolous Plea which is found for the Plaintiff Judgment shall be entred as by Nihil dicit Nullo habito respectu c. A. 68. In a Sur cui in vita for part of the Messuage demanded A. 152. In Ejectment Quod quer recuperet possessionem is as good as Termin A. 175. Quod Capiatur well enough although pardoned by Act of Oblivion A. 167 300. Shall not be for the Plaintiff if by the Record it appears the Plaintiff hath no cause of Action or that the Action is brought before the Debt due A. 186 187. B. 99 100. C. 86 87. Entred as of a day past where the Defendant dies while after Verdict the Court takes time to consult of the Law A. 187. In what cases the Judges may give Judgment by sight of an Almanack A. 242. Judgment for the Plaintiff in Trespass although the Defendant died before the Writ of Inquiry returned A. 236. In Forcible Entry for treble Costs and Damages A. 282. Nihil de fine qui a pardonatur not good because the Defendant does not plead the Pardon A. 300 301. In Trespass or Case may be arrested after the first Judgment A. 309. Arrest of Judgment shewed in writing in the Exchequer B. 40. Judgment final upon a Verdict in a counter-Counter-plea in Aid B. 52. Where it shall be reversed in part or in all B. 177 178. Against the Heir where his Plea is found against him is general against all Lands C. 3. Iurisdiction The Spiritual Court hath Jurisdiction where right of Tithes comes in question between two Parsons A. 59. In what Cases the Spiritual Court may have Jurisdiction for Slanders B. 53. If the Court hath not Jurisdiction of the Action all is void but other faults make the proceedings only voidable B. 89. One cannot plead to the Jurisdiction of the Court after Imparlance C. 214 215. Iour in Court dies Iuridicus What things may be done upon day extrajudicial B. 206 207. Iustices and Iudges Whether Justice of Peace in a Vill may be by Prescription A. 106. In what Inferior Courts who are Judges A. 217 228 242 316. B. 34. If a Judge may take

and when Notice must be given to a Patron of a Voidance A. 32. C. 46 47. Where necessary to perfect an Assumpsit A. 105 123. Where Notice of a Surrender of a Lease must be given to him who hath the subsequent Estate C. 96. Nusance See Action sur case Where an Action lieth for stopping of new made Lights where not A. 168. Action on the Case lies for it by Tenant of the Freehold although he may have an Assise C. 263. B. 184. A. 247. Con. C. 13. Where it lies for turning a Water-Course from a Mill new erected on an old Foundation A. 44 45. Every continuance thereof is a fresh Nusance B. 103. C. 174. The difference of exaltare erigere stagnum in such Actions B 180 181. It is enough to say obstupavit viam without shewing how C. 13. For stopping a Water Course so that the Plaintiffs Land was drowned C. 174. O. Obligation GOod without words Obligatory or In cujus rei testimonium A. 25. C. 119. To perform Covenants If the Deed be void the the Obligation is single A. 282. Obligation to pay Mony within a Mannor where J.S. hath bona felonum if the Obligee be attainted J.S. shall not have the Debt B. 56. What words in the Condition make the Obligation void by 23 H. 6. cap. 10. B. 78. With a Condition against the Law is void Cont. if the Condition be only impossible B. 189. Conditioned that one shall not use his Trade in such a Parish is void B. 210. One is bound for the faithful Service of an Apprentice A Release made to the Apprentice is a discharge of the Bond C. 45. Where a Bond is I am content to pay Debt or Covenant lies C. 119. What Bond is joynt what joynt and several C. 206. Bond taken of one not bailable is void per Stat. 23 H. 6. C. 208. Obligation in ten Pounds to be levied by the Obligee of the profits of a Baillwick yet the Obligee may bring Debt C. 223. Made in France may be sued here C. 232. Occupancy Who shall be a special Occupant A. 310. C. 36. He who disseiseth Tenant pur auter vy who dies is a dispensor still and no occupant B. 121. None shall be an occupant but he in possession C. 36. It it shall be of a Use pur auter vy C. 35. Offices and Officer If a Steward of a Court may be deputed by Parol without Deed A. 228. What other Officer may be so deputed Ibid. Of what Office an Assise lieth Ibid. Vicar General of the Spiritualty Chancellor of A. Bishop what A. 312. The Office of Marshal of the Kings Bench and Marshal of England and who hath the Grant of them A. 320 321. If an Office ministerial may be granted in Reversion by any but the King C. 31 32. Office for the King. What Lands or Chattels shall be in the King by Attainder without Office found A. 21. B. 122 to 126 135 to 139 206 207. Or by alienation without licence A. 40. B. 126 135. C. 175. Must be pleaded under the Great Seal A. 65. To what purposes an Office is good not finding who is Heir Ibid. Upon Extent of Lease for years must find the certainty of the Term. B. 121. C. 204. In what case it may be traversed B. 122 to 126 187. C. 185 to 191. What Lands shall revest in the King by a Condition of re-entry before Office found of the Condition broken B. 134 to 145. C. 125 127. What a Common cannot have but by re-entry the King shall not without Office found B. 137. Of what force an Office is which is found after the King hath granted away all the Estate B. 138 to 145. C. 125 126 127. Upon assignment of a Debt to the King the Office must find but Goods since the Assignment C. 197. The Ter-Tenant shall not render recompence to the King for the profits of the Lands before Office found C. 242. P. Pardon IN what case a general Pardon not to be regarded unless specially pleaded A. 300 301. B. 28. Where the Kings General Pardon will not avail without words of Giant B. 123 124. C. 186 187. Parson and Patron What a Vicar is A. 182. They and the Ordinary joyn in a Lease of the Gleab if this bind the Successor A. 234 235. What an Arch-deacoury is A. 316. Partition Between Tenants in Common and Joynt-Tenants where good where bad without Deed A. 103. The form of the second Judgment A. 280. B. 50. Against whom it must be brought A. 291. If it may be made of a Use B. 25 26 27. The pleading thereof B. 24. What part is void what only voidable B. 25 26. Form of the Writ and where it must shew de qua haereditate B. 118. C. 231. If it lies by a Corporation upon the Stat. 32 H. 8. C. 162. Patent See Grant of the King. Perjury See Stat. 5 Eliz. May be punished at Common Law though the Jury give a Verdict against the false Testimony C. 170 230. Petition of Right See Monstrans Plaint In all Inferior Courts there ought to be a Plaint entred before the Defendant be summoned A. 185 186 302. Pleading and Pleas. Vide Bar and Iustification Of a Lease at will it 's good to aver the life of the Lessor A. 14. Of an Averment that the Rent c. was parcel of a Mannor A. 15. Of a Fine and Non-claim not needful to aver Infra Regnum sanae memoriae c. A. 18 76. What things must be shewed by the Plaintiff to enable his Action or must be pleaded by the Defendant A. 18 76 131 306. B. 5. C. 40 41 42 43. Of a Recovery in an Affise in Bar to Trespass A. 24 193. That a Rectory was appropriated to a Colledge A. 38. The Election of a Bishop Ibid. Where Ne unques accouple c. shall be pleaded and where Non fuit uxor A. 53. B. 170 171. Of an Utlary to entitle the King A. 63. Where Nient damnify is a good Plea to an Award which was That the Defendant should discharge and save the Plaintiff harmless from a Bond A. 71. The performance of a Condition to convey the Defendant must shew by what Conveyance c. A. 72. Of a Fine with Proclamation upon the Statute of 4 H. 7. 1 H. 3. and 32 H. 8. A. 76 77 78. Of an Agreement to an Estate Legacy c. A. 129. What matter ought to be shewed by the party who pleads or to come in on the other side A. 18 76 100 131 306. B. 5. C. 40 to 43. Of performance of a negative Covenant A. 136. To two Bars there must be several Replications or Demurrers A. 139. Of a Bargain and Sale must alledge a Consideration A. 170. Where it is not necessary to shew the beginning of a particular Estate nor to aver the life of Tenant for life A. 66 139 176 255. B. 50 94 95. Of a Recovery in a real Action it must be shewed that the Tenant was

Land as it might be Leased And so it is where the Sheriff retorns Issues c. for the Corn there growing may be of the value of 40 l. where the Land is but of the value of 10 l. CCXXV. Weshborn and Mordant's Case Mich. 29 Eliz. In the Kings Bench. 2 Len. 103. 1 Cro. 191.199 1 Len. 247. IN an Action upon the Case the Plaintiff declared That whereas he was possessed of a piece of Land containing 2 Acres called Parsonage lying adjoyning to a certain River from the 20th of May 29 Eliz. usque diem impetrationis istius Brevis c. the Defendant had the said 20th day of May estopped the said River with certain Loads of Earth and so continued estopped until the 14th of February by reason of which his Land was drowned and so he had lost the profit of it for the said time It was moved in Arrest of Iudgment That upon the Declaration it doth not appear that there is any cause of Action for the Plaintiff hath made title to the Land drowned from the 20th day so as that day is excluded and the Nusance is laid to be done the said 20th day and if so then he cannot complain of any wrong the Nusance being laid to be before any possession of the Plaintiff To which it was answered That although the stopping was made before the possession yet the Continuance of it after is a new wrong for which an Action lieth As 5 H. 7. 4. It was presented That an Abbot had not cleansed his Ditch c. by reason of which the Highway is estopped The Successor shall be put to Answer to that Indictment by reason of the Continuance of it See that continuance of a Nusance is Quasi a new Nusance 14 15 Eliz. Dyer 320. And it may be that the Plaintiff was not damnified until a long time after the 20th of May scil after the Estopping and the words of the Writ here are satisfied and true Afterwards Iudgment was given for the Plaintiff CCXXVI The Queen and Scot's Case Mich. 29 Eliz. In the Common Pleas. THe Queen brought a Quare Impedit against the Bishop of London and Scot And the Case was 1 Len. 40. A. seised of an Advowson in gross holden of the Queen in Chief aliened the same by Fine without Licence of the King The Church became void The Conusee presented the Queen without Office found brought a Quare Impedit The Question was If the Queen without Office found should present It was agreed by the whole Court That if the alienation had been by Deed only there the Queen without Office should not have the presentment For upon such alienation by matter in fait without Licence no Scire facias shall issue without Office found of the alienation But upon Alienation without Licence by matter of Record a Scire facias lieth before Office. And in the last Case the Queen shall have the Issues from the time of the Scire facias retorned but in the first Case from the time of the Office found See Stam. Prerogat see 8 E 4. 4. It was then moved That if the Queen being entituled to present ut supra pardon the Conusee all alienations without Licence and Intrusions If the Estate of the Incumbent thereby be confirmed But the Court would not argue that Point CCXXVII Sir Thomas Holland and Bonis's Case Mich. 29 Eliz. In the Common Pleas. IN a Replevin 1 Len. 183. 2 Len. 12. Owen Rep. 138 139 the Defendant made Conusans as Baily to Tho. Lord Howard and shewed That the Prioress of the late dissolved Priory of Hallywell was seised of the Mannor of Priors in the County of Hertford and granted the same by words of Dedi concessi pro certa pecuniae summa to the Lord Audley Chancellor of England and his Heirs who died thereof seised and that the said Mannor inter alia descended to Mary Daughter and Heir of the said Tho. Lord Audley who died thereof seised by force of which the said Mannor descended to the said Tho. Lord Howard c. And shewed That the Conveyance by the Prioress bore date 4. Novemb. 29 H. 8. and then enrolled in the Chancery The Plaintiff in bar of the said Conusans shewed That after the making and inrolling of the said Conveyance the said Prioress Leased the Lands to Sir Hen. Parker for 99 years and conveyed the said Lands to himself and further shewed That the said Conveyance specified in the Conusans fuit primo deliberatum 4. November 31 H. 8. without that that the said Prioress the said 4. Novemb. 29 H. 8. dedit concessit the said Mannor to the said Lord Audley Vpon which it was demurred And it was the clear Opinion of the Court That the Averment de primo deliberatum against a Deed enrolled ought not to be received For by the same reason it might be averred Nunquam deliberatum and so upon the matter Non est factum It was further Objected That a Bargain and Sale by a Corporation is not good For a Corporation cannot be seised to another's use and the nature of such a Conveyance is to take effect by way of use in the bargain and afterwards the Statute draws the possession to the use But the Court utterly rejected the said Exception as dangerous for that such were the Conveyances of the greater part of the possessions of Monasteries And it was in this Case said by Shuttleworth Serjeant That although such a Corporation could not take an Estate to another's use yet they might charge their own possessions with an use to another CCXXVIII The Queen and the Bishop of Gloucester's Case Trin. 29 Eliz. In the Kings Bench. THe Queen recovered in a Quare Impedit against the Bishop of Gloucester and one S. in which Quare Impedit the Bishop pleaded as Ordinary scil Quod ipse nihil habet nec habere clamat in Ecclesia praedict neq in Advocatione ejusdem nisi Admissionem Institutionem c. And now the Bishop and S. the Incumbent brought a Writ of Error And If this Writ of Error brought joyntly by the Bishop and the Incumbent was well brought was the Question Some held That the Bishop had not cause to bring Error for that he had disclaimed in the Church and the Patronage of it For if in a Praecipe quod reddat the Tenant disclaims he shall never have a Writ of Error 16 E. 3. 7. Fitz. Error 78. And Note That in the Writ of Error at the Bar the perclose was Ad grave damnum Episcopi whereas the Bishop could not be grieved by the said Iudgment because he had nothing nor claimed any thing in the Church c. Wray The Writ of Error had been the better if those words ad grave damnum Episcopi had been left out for the Bishop hath lost nothing And it was Objected by some If the Iudgment in this Case be reversed the usual Iudgment cannot be given scil That the Bishop shall be restored to