Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	debt_n	executor_n	testator_n	1,390	5	12.7600	5	false

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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

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

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

Debt against the Debtors Executor A. 320. They may have Error of an Utlary in Felony against their Testator A. 325. Good resolutions for their pleading of Statutes Judgments c. A. 328. 329. What Debts must be first paid 328 329. Are liable to account to the King. B. 34. The manner of prosecuting a Devastavit in a forein County against an Executor B. 67. If they plead plene administravit specially by paying Debts upon Bonds they must shew how the Bonds are discharged B. 155. What intermeddling with the deceaseds Estate makes one Executor of his own wrong B. 224. Conditional if he pay all Debts owing to the Testator to the other Executor C. 3. If Executors enter or claim generally it shall be taken to be as Executors and not in any other capacity C. 36. It is said that a promise cannot be good to bind an Executor if he hath not Assets C. 67. Sale of Goods by an Infant Executor is good and binds him C. 143. One Obligor makes the Surety his Executor who pays the Mony generally Quaere C. 197. How he must be sued who being Executor of his own wrong takes Administration C. 197 198. One Executor cannot give the Goods of the Testator to the other for nothing passes by such Gift C. 209. Release of one Executor binds both C. 209. Executor of Executor not chargeable with a Devastavit made by the first Testator C. 241. Exemption A Juror sworn at the Bar notwithstanding he produced his Charter A. 207. Ex gravi querela In London in what case A. 267. Ex parte talis In what case it lieth B. 93. Exposition of Words Dedi Concessi in a Deed A. 29. Where the word Or in a Deed shall be copulative e converso A. 74 244. Of the word eundem in a Grant A. 15. Divisus dividend in an original Writ A. 169. Of Adtunc A. 172. I agree to surrender my Lands spoken by Tenant at will A. 178. Of the word Tenement in Grants A. 188. Of the word Covenant in a Bill of Debt A. 208. Uterque in Indictments A. 241. Quousque A. 244. Suus A. 271. Right A. 271. Factum implies sealing and delivering A. 310. Exponere ad culturam gives no Estate in the Land A. 315. In portum ad portum all one A. 335. Covenant with two quo ibet eorum B 47. In manner aforesaid is a Devise B. 69. By the word Licet may be made a good allegation B. 108. C. 67. A mile is accounted in Law 1000 paces and every pace 5 foot B. 113. Assurance to what Conveyances it doth rel●te B. 130. Selion of Land is uncertain B. 162. Puer if it relates to both Sexes B. 217 218. Firma C. 12 13. Whether the word Mille may be joyned to a Genitive or Accusative Case C. 94. Tenementum is of an incertain signification C. 102. Of the word until as a Lease until Michaelmas includes the Feast day C. 211 Curtillage quid C. 214. Where a word in the singular number includes the plural C. 262. Immediate C. 273 274. Term of years C. 112. Extent If it be well executed though not retorned A. 280. Executed though not retorned in what case it is a good Execution B. 12 13. Lessee for years may pay the Rent to the Extendor C. 113. Scire facias to remove the Conusee C. 155. If the Conusee can in any case be removed without a Scire facias C. 155 to 158. What k●nd of Interest is left in the Conusor during the Extent C. 156 157. If an Extent be avoided by a Prior Statute the puisne Conusee may enter when the other is satisfied C. 239. If a Debt be assigned to the King he shall have all the Conusors Land C. 240. By the Statute of Acton Burnel the Extendors are to take the Lands if they appraise too high and must pay the Debt statim But when that statim means vi C. 274. Extinguishment Of Rent by Entry what act amounts thereto A. 110. Estate for life extinct by a Fee coming to the same person A. 174. A Prescription of non decimand in a spiritual Person is not extinguished by the Lands coming to lay hands A. 248. If a Remainder depending upon an Estate for life escheat the Seigniory is extinct presently A. 255. Where an Action once suspended is extinguished A. 172 320 330 331. Of a Use A. 257 259. A Rent granted in Fee and that it shall be suspended during the nonage of every Heir A. 266. Executor of the Debtee takes to Wife the Debtor how adjudged A. 320. Where personal things once suspended shall be revived B. 84. Lessor mortgages his Reversion to the Lessee in Fee the Term is utterly extinct C. 6. Where a Warrant is suspended and may be revived C. 10 11. A Term for years comes to the Lessor as Executor and he dies the Term is revived C. 210 111. If Unity of possession in the King of Abbey Lands extinguish a Common C. 128. If Devisee of a Term remainder over purchase the Fee the Term is not merged C. 92 93. Condition of re-entry is not suspended by assigning part of the Land for part of the Term C. 221. By destroying a Reversion a Rent depending thereon is extinct C. 261. A Mesnalty extinct by the Lords purchasing the Tenancy C. 261. Extortion Against whom it lies and the several Statutes against it A. 295. C. 268. It must be set sorth in the Judgment whether any Fee or no Fee was due C. 268. F. Faux Imprisonment See Iustification FFaux Imprisonment lies if a Capias be made out of the Courts at Westminster to a County Palatine B. 89. Faux Iudgment Lies upon a Justicies not Error B. 34. Upon a Writ of Right Close prosecuted in nature of an Assise C. 63. Fee-simple Where it may be created without the word B. 27. C. 216. Devise that the elder Son shall take the Profits until the younger come of Age is a Fee conditional in the eldest C. 216. Feoffment Vide Vses Good by the words Bargain and Sell with Livery A. 25. Fine and Amerciament Upon alienation without Licence A. 8. B. 55 56. In what case a Vill shall be amerced for the escape of a Felon A. 107. C. 207. If a Pain upon a Presentment must be afferred A. 203 204 217 242. In what case a Steward may Fine in a Court-Leer A. 217 242. Grantee of Post-Fines if he may distrain for them and sell the distress A. 249 250. The manner of pleading in Trespass where the Defendant-justifies for such Fine A. 249 250. By what words such Fines pass A. 249 250. If a Defendant make several defaults in one Suit he shall be several times amerced B. 4 5. Fine set in a Court for a contempt in not retorning of Cattle in a Replevin B. 174. Debt lies for a Post-Fine by the Kings Grantee B. 179. cont C. 56 234. A Defendant may be several times amerced for several defaults in one Suit B.

Mich. 29 El. C.B. p. 168. C. 219 Weshborn and Mordants Case Mich. 29 Eliz. B. R. p. 174. C. 225 Williams and Linkfords Case Trin. 29 Eliz. B.R. p. 177. C. 229 Welcot and Powells Case Pasch 30 El. B.R. p. 206. C. 263 Wigmore and Wells Case Pasch 30 El. B. R. p. 206. C. 264 Willoughbies Case Trin. 30 Eliz. B. R. p. 216. C. 285 Wood and Payns Case Trin. 31 El. B.R. p. 228. C. 306 Sir Walter Wallers Case Trin. 32 Eliz. Exchequer p. 241. C. 333. p. 259 C. 345 Woodward and Baggs Case Hill. 32 El. B. R. p. 257. C. 341 Witherington and Delabars Case Mich. 33 Eliz. B. R p. 268. C. 360 Y. YOung and Ashburnhams Case Hill. 29 Eliz. C. B. p. 161. C. 210 Yates Case Trin. 31 Eliz. B.R. p. 231 C. 312 THE THIRD PART OF THE REPORTS OF Several Excellent Cases Argued and Adjudged in the several COURTS of LAW at Westminster In the Time of the Late Queen ELIZ. From the First to the Five and Thirtieth Year of her Reign In the Time of Edw. the Sixth I. 6 Edw. 6. In the Common Pleas. A Man had a Warrren in Fee extending into three Towns Benlow's Rep. 12. Owen Rep. 10. 1 And. 26. 13 Co. 57. 1 Inst 148. a. 7 Co. 23. b. Goldb 44. and Leased the same by Deed to another rendring Rent And afterwards granted by Deed the Reversion of the whole Warren in one of the said Towns to another and the Lessee attorned It was holden by all the Iustices in the Common Pleas That neither the Grantor nor the Grantee should have any part of the Rent during the same Term Because no such Contract can be apportioned II. 6 Edw. 6. In the Common Pleas. A Man by Deed Indented 1 And. 27. Bargained and sold Land unto another in Fee and Covenanted by the same Deed to make to him a good and sufficient Estate in the said Land before Christmas next And afterwards before Christmas the Bargainor acknowledged the Deed and the same is enrolled It was the Opinion of all the Iustices of the Common Pleas That by that Act the Covenant aforesaid was not performed For the Bargainor in performance of the same ought to have levied a Fine made a Feoffment or done other such Acts. III. 6 Edw. 6. In the Common Pleas. 1 And. 32. IN Dower the Tenant made default at the Summons and now at the Grand Cape he came and said That he could not come because he was in great infirmity at the time of the Summons so as he could not appear It was the Opinion of the whole Court That that matter should not save his Default because it cannot be tryed as creit de Eue and Imprisonment may be IV. 6 Edw. 6. In the Common Pleas. 1 And. 32. DEbt against Executors who pleaded Riens enter Maynes which was found against them The Plaintiff sued forth a Writ of Execution Vpon which the Sheriff retorned Nulla bona Testatoris within the County It was the Opinion of the Court That the same was a good Retorn for it may stand with the Verdict for it may be that they have Assets in another County See 3 H. 6. 11. Where the Retorn is general Quod non habent Executores aliqua bona Testatoris that it was holden insufficient but here in this Case the Retorn is special scil in the same County In the Time of Queen Mary V. 1 and 2 Philip and Mary In the Common Pleas. 1 And. 31. TEnant in tail had Issue two Sons and enfeoffed his younger Son and died The younger Son died without Issue leaving his Wife priviment ensient with a Son the elder Brother entred It was holden in this Case That he was Remitted and although that afterwards the Son was born yet the same should not avoid the Remitter VI. Stapleton and Truelocks Case Mich. 1 and 2 Phil. and Mary More Rep. 11. WIlliam Stapleton Executor of John Scardenyll brought an Action of Debt against John Truelock Administrator of the Goods of William Truelock who died Intestate upon a Bill sealed The Defendant demanded Oyer of the Testament By which it appeared That the said Scardenyll had made the Plaintiff and the said William Truelock his Executors And in the said Will was this Clause I Will That my Friend William Truelock shall pay to my other Executor all such debts as he oweth me before he shall meddle with any thing of this my Will or take any Advantage of this my Will for the discharge of the same debts for that I have made him one of my Executors And upon this matter It was clearly Resolved that the said William Truelock could not Adminster nor be Executor before he had paid the debts And the Defendant said That the said William Truelock in his life had paid unto his co-Co-Executors all such debts which in vita sua debuit to the said Scardenyll And also that the said William Truelock in his life time had Administred the Goods of Scardenyll with his co-Co-Executors And in this Case Iudgment was given for the Plaintiff and that for default of pleading For the Defendant ought to have shewed Acquittances of the payment of the debts to his co-Co-Executors and also ought to have shewed in Certainty what debts they were VII Hecks and Tirrell's Case 3 and 4 Phil. and Mary DEbt by Hecks and Harrison against Tirrell as Heir Who pleaded Nothing by Descent The Plaintiff Replyed 1 And. 28. Assets at such a place within the Cinque-Ports And so it was found by a Iury of the County adjoyning and Iudgment given of the moyety of his Lands aswell those by descent as by purchase And a Writ awarded to the Constable of Dover to extend the Lands within the Cinque-Ports But it was said That first the Plaintiff ought to have a Certiorari to send the Record into the Chancery and from thence by Mittimus to the Constable of Dover VIII The King and Due and Kirleys Case 4 and 5 Phil. and Mary THe King and Queen brought a Writ of Disceit against Due and Kirley and declared More Rep. 13 That one Colley was seised of certain Lands in Fee and held the same of the King and Queen as of their Mannor of Westbury the which Mannor is Ancient Demesne and so seised levies a Fine thereof to the said Due Sur Conusans de Droit come ceo c. Due rendred the Land to Colley for life the Remainder over to Kirley in Fee Colley died Kirley entred as in his Remainder Kirley pleaded That the Land whereof c. is Frank Fee c. Vpon which they are at Issue Which Issue depending and not tryed Due died It was moved in this Case That the Writ might abate But that was denyed by the Court. For this Action is but Trespass in its nature for to punish this Disceit and no Land is to be recovered but only the Fine Reversed IX Eliot and Nutcombs Case Mich. 4 and 5 Phil. and Mary

to prevent all acts and charges made mean by the Vendor yet it shall not relate to vest the Estate from the time of the delivery of the Deed For the Vendee cannot punish a Trespass Mean And if the Vendee hath a Wife and the Vendee dieth before Enrollment and afterwards the Deed is enrolled she shall not be endowed but here shall be some descent to take away an Entry yet the Heir shall have his age But in our Case it is otherwise for by the Waiver the Ioynture was waived ab initio And he cited Carrs Case 29 Eliz. in the Court of Wards The King granted the Mannor of C. to George Owen in Fee tenend in Socage and rendring 94 l. per annum And afterwards granted 54 l. parcel of the said Rent to the Earl of Huntington in Fee to be holden by Knight-service in Capite and afterwards purchased the said Rent in Fee And afterwards of the same Mannor enfeoffed William Carr who devised the same for the payment of his Debts And it was holden That the devise was good against the Heir And the King was not entituled to Livery or Primer Seisin And therefore the Defendant was dismissed But peradventure the Queen shall have benefit of the Act. See Cook 3 Part 30 31. Butler and Baker's Case The King gives Lands unto A. in Fee to hold by Knights-service during his life and afterwards to hold in Socage He may devise the whole For at the time when the devise took effect he was Tenant in Socage Lands holden in Knight-service are given to J.S. in tail scil to the Heirs Males of his Body the Remainder to the right Heirs of J.S. J.S. deviseth these Lands and afterwards dieth without Issue Male the same is good for two parts yet during his life he had not an Estate in Fee in possession The Father disseiseth his Son and Heir apparent of an Acre of Land holden in Chief by Knight-service in Capite and afterwards purchaseth a Mannor holden in Socage and deviseth the said Mannor and dieth his Heir within age the Devise is good for the whole and the King shall not have Wardship of any part and that in respect of the Remitter and yet it is within the words Having sole Estate in Fee of Lands holden and within the Saving Tenant in tail of an Acre of Land holden of the King in Chief by Knight-service seised of two Acres in Fee holden ut supra makes a Lease for three Lives of the Acre entailed reserving the accustomed Rent and afterwards deviseth the other two Acres in Fee and afterwards dieth seised of the Reversion and Rent The same is a good devise of all the two Acres And here is an immediate descent of the third part for the same is within the words In Possession Reversion or Remainder or any Rent or Service incident to any Reversion or any Remainder See the Statute of 34 H. 8. A Man seised of three Acres of equal value holden by Knight-service in Capite assureth one to his Wife for her Ioynture by Act executed and deviseth another to a stranger And the third to his Wife also The King in this case shall have the third part of every Acre But if the stranger waiveth the devise the King shall have the Acre to him devised and the Wife shall retain the other two Acres and it shall not go in advantage of the Heir So if he deviseth the said three Arces severally to three several persons to each of them one Acre and the one Waives the devise in one Acre The devise of the other two is good Or otherwise the King shall have the third part of every Acre c. CCCLXVII Mich. 35 Eliz. In the Common Pleas. 5 Co. 29. THe Case was An Enfant was made Executor And Admimistration was committed to another viz. A. durante minori aetate who brought an Action of Debt against the Debtor and recovered and had him in Execution and now the Executor came of full age It was moved What should be done in this Case and how the party should be discharged of the Execution for the authority of the Administrator is now determined and he cannot acknowledge satisfaction or make an acquittance Windham Although the authority of the Administrator be determined yet the Record and the Iudgment remain in force But peradventure you may have an Audita Querela But he conceived That an Administrator could not have such Action for that he is rather a Bailiff to the Enfant than an Administrator See Prince's Case 42 Eliz. Cook 5 Part 29. Which Rhodes concessit A. was bounden unto B. in an Obligation of 100 l. upon Condition to pay a lesser sum The Obligee made an Enfant his Executor and died Administration was committed durante minori aetate to C. to whom A. paid the Mony It was doubted If that payment was rightful or If the Mony ought to have been paid to both Windham Doth it appear within the Record That the Enfant was made Executor and that Administration was committed ut supra To which it was answered No. Then Windham said You may upon this matter have an Audita Querela In this Case It was said to be the Case of one Gore 33 Eliz. in the Exchequer in a Scire facias by an Assignee of a Bond against an Enfant Executor He pleaded That the Administration was committed to A. and his Wife during her minority And it was adjudged no Plea. CCCLXVIII Mich. 35 Eliz. In the Common Pleas. NOte It was the Opinion of all the Iustices Jones Rep. 243. That if Lessee for 20 years makes a Lease for 10 years that he may grant the Reversion without Deed but in such case if there be a Rent reserved there ought to be a Deed and also an Attornment if the Rent will be had And it was agreed by them all That if there be Lessee for years and the Lessor granteth the Land to the Lessee and a stranger that the Reversion shall pass without Livery or Attornment and that by the Acceptance of the Deed by him who ought to Attorn But whether he shall take joyntly or in Common or whether in a moyety or in the whole the Iustices were of divers Opinions Ideo Quaere for it was not Resolved FINIS A TABLE of the principal Matters contained in the Third Part of LEONARD'S Reports A. ABatement of Writ Page 2 4 77 92 Ex Officio Curiae p. 93 Accompt p. 38 61 63 Damages given in it p. 150 Damages given in it not expresly but the Court shall give Quoddam Incrementum p. 192 Brought by the Grantee of the King against an Executor where maintainable where not p. 197 Generally brought where good p. 230 Acquittance Must be shewed upon payment of Debts by Executors p. 3 Action upon the Case For stopping of a way p. 13 Against one for proceeding to Judgment and awarding of Execution in an inferiour Court after an Habeas Corpus awarded p. 99 Where lieth

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

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

For an amerciament for not appearing at a Leet C. 14. If the Plaintiff be nonsuit the Court may assess Damages without a Writ of Inquiry if the Avowry be for Rent C. 213. Reputation The signification of the word in Grants reputat fore parcel A. 15. Request When needful C. 73. In Assumpsit where it must be special A. 118 123 221 287. B. 22 215. C. 73 200 201. The like in Covenant A. 124 125 169. Promise to pay Mony at a certain day No request necessary A. 221. Is traversable in Covenant where the Covenant is to be performed upon Request B. 5. Want thereof where necessary not aided by Verdict B. 117. If a Joynt Request be good of several distinct Contracts C. 206. Resceit The Wife shall not be received if her right be not bound A. 86. Cont. B. 9. One in remainder received although he might falsifie the recovery A. 86. If Tenant for life do not pray to be received he in remainder may do it A. 262. By Executors where the Term was limited to the Testator for life remainder to his Executors for years B. 6. Stat. W. 2. c. 3. 13 R. 2. of Resceit B. 62. Stat. Glouc. of Resceit of Tenant for years B. 65. C. 169. In what cases the Tenant by Receit shall have day to plead or plead presently C. 168 169. Upon Resceit of one for a moiety the Plaintiff shall not have Judgment for a moiety C. 169. Where a Termor prays to be received if he must aver the Writ to be brought against the Tenant by fraud C. 168 169. Restitution Utlary in Felony against the Testator reversed by Error by the Executor and restitution de bonis A. 326. Upon a Forcible Entry he in Reversion shall be restored and then Lessee may enter A. 327. Goods sold by Fieri facias not to be restored if the Judgment be reversed B. 90. Of Goods stolen upon an Utlary in Appeal of Robbery B. 108. Retorn of Sheriffs Upon a Capias pro fine ret Cepi Corpus and upon the Cap. ad satisf ret non est invent and fined for contradictory A. 51. Upon a Writ of Hab. Corp. amended A. 145. Where an Averment shall be against it and for whom where not A. 183 184. Upon Elegit that there was a former Writ executed in the same case if good B. 12 13. What is a good retorn in a Writ of Replevin or retorno habendo B. 67. Upon a Fieri facias against Executors after Verdict upon plene administr the Sheriff cannot retorn nulla bona B. 67. Cont. C. 2. Cannot retorn tarde as to part B. 175. Retraxit Cannot be before a Declaration so as to make a perpetual Bar C. 19. S. Saver de default SIckness is no cause as the fall of a Flood or Imprisonment are C. 2. Scire Facias For the King against his Tenant in Capite for alienation without Licence A. 8. For the King against the Ter-Tenant of one Attainted A. 21. In London ad discutiend●m debitum A. 52. For the King to gain a Presentation for that the Patron is utlawed A. 63. For the Tenant by Elegit who was ousted by the King for a Debt against the Defendant to shew cause why the Plaintiff should not have the Land the King being satisfied A. 272. Upon reversal of a Fine or Recovery no restitution before a Scire facias against the Ter-Tenant A. 290. For the King against a Debtor in what case necessary B. 55 56. In what case it may issue out of another Court than where the Record is B. 67. Bail not chargeable by any Custom without a Scire facias B. 30 87. Payment no good Plea unless pleaded by Record B. 213. If an Execution were continued no Scire facias is necessary B. 77 78 87. C. 259. Sea. The Queens Interest therein extends to the midst thereof betwixt England and Spain C. 71. Seal The Kings Privy Seal and the force thereof A. 9. Second Deliverance After Withernam B. 174. C. 235 236. None after Verdict but after Nonsuit at the Nisi Prius it lies C. 49. Seisin What is a sufficient Seisin of Services A. 266. What Actions an Heir may have upon a Seisin in Law without entry A. 273. Servant What is a discharge of one retained pro consilio c. for life or otherwise A. 209. If an Action lies for retaining the Plaintiffs hired Servant A. 240. Services Vide Mannor Severance Lieth in Partition A. 55. And in a Writ of Error where A. 317. In case in the Kings Bench of an Executor B. 112. Sheriff His power in executing a Grand Cap. in Dower A. 92. May make a special Warrant and take an engagement to secure himself for Escapes A. 132. May execute a Fieri facias after the Defendants death A. 144. Where he justifies by an Execution he must plead that he retorned the Writ Secus of a Bailiff A. 144. Caveat how he discharge a Prisoner in a Court unless the cause be legal A. 145. Examined upon Oath about a retorn of an Extent B. 12 13. Must hold Plea in person upon a Justicies not the Under-Sheriff B. 34. Must execute Process without questioning the legality of them B. 84 85 93. Action against the Under-Sheriff for proceeding in an Hundred Court after an Habeas Corpus C. 99. Slander Did procure suborn and bring in false Witnesses adjudged actionable A. 101. Forsworn in the Court of Request adjudged actionable A. 127 128. Taken a false Oath in a Court Christian adjudged actionable A. 131 132. Thou art not the Queens Friend A. 336. Words spoken of a Peer or Bishop may bear Action though they will not if spoken of a common Subject A. 336. Corrupt Man spoken of a Judge or Attorny Ibid. Bankrupt will not bear Action unless the Plaintiff be a Tradesman Ibid. J. S. executes false Warrants spoken of a Bailiff Ibid. Liveth by Witchcraft and Sorcery B. 30. For calling one Witch B. 53. If it lies for calling one a Forsworn Man if no legal Oath was given B. 98. Of Title lies though the words were not spoken to any who was buying the Land B. 112. I will prove F. to be perjured actionable C. 151. You live by swearing and forswearing not actionable C. 163. Cousened me of 40 s. not actionable C. 171. Of Title what lies C. 177. Thou hast forged my Hand Thou art a Forger Thou didst forge a writing not actionable C. 231. He went about to kill me actionable Ibid. He forged my Lord of L's Hand to a Letter against the Bishop of L. for which he was committed not actionable Ibid. Statute-Staple Merchant c. If the Conusors Body be taken and let at large by the assent of the Conusee the Land is thereby discharged A. 230 231. If the Conusor sow the Land the Conusee shall reap B. 54. If Debt lies thereupon B. 112. The Body of a Lord is liable to Execution B. 173 174. Statutes Magna Charta cap. 35. When Leets are to be holden

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

shall be taken in Iudgment of Law That the Executors have Assets to the value of the whole 100 l. And although the Executors were compelled by the Award to make the release yet it was their own act to submit themselves to the Arbitrament LXXVIII Mich. 15 Eliz. In the Court of Wards NOte It was Ruled by Kellaway and Wilbraham in the Court of Wards That where the Kings Tenant of Lands holden by Knight service in Capite made a Feoffment of the same Land to the use of himself for life and after to the use of his younger Son in tail the remainder to the right Heirs of the Feoffor and died the eldest Son within age That the Queen should have the Wardship of his body and of the third part of the Land and when the eldest cometh at full age the younger shall sue Livery and pay Primer Seisin according to the rate of the value of the whole Land viz. of the third part as in possession and of the two parts as a Reversion For the remainder to the right Heirs of the Feoffor is in truth a Reversion For the Feesimple was never out of him because there was not any Consideration as to that nor any use expressed And also because that Livery shall not be by parcels the younger Son shall not be suffered to sue Livery of the third part presently and respite the residue as to the two parts in Reversion until the Reversion fall but shall sue Livery presently as well of the two parts in reversion as of the third part in possession And if the eldest Son had been of full age at the time of the death of his Father the younger Son should pay Primer Seisin as to the third part of the full value of it for one year as in possession and as to the two other parts the moyety of the value of a year as a Reversion And at that time Breers Case was vouched which was Oliver Breers Tenant in Chief by Knights Service made a Feoffment in Fee to the use of himself for life and after to the use of A. his Son and Heir for life and after to the use of the first begotten Son of A. in tail and after to the use of the second Son of A. c. and for default of such Issue to the right Heirs of the Feoffor Oliver died the said A. his Son being of full age It was ruled by the said Council of the said Court of Wards That he should pay for his Primer Seisin a third part of the Land in possession and two parts as a Reversion LXXIX Mich. 15 Eliz. In the Common Pleas. Post 56. THe Case was A Man was seised of a Pasture in which was two great Groves and a Wood known by the name of a Wood And also in the same Pasture were certain Hedge-Rowes and Trees there growing Sparsim Leased the same by Indenture for years And by the same Indenture bargained and sold to the Lessee all Woods and Vnderwoods in and upon the Premisses And further That it should and might be lawful to the Lessee to cut down and carry away the same at all times during the Term. Harper Iustice The Hedge-Rowes did not pass by these words Hedge-Rowes sparsim Dyer The Hedge-Rowes shall pass for the Grant is general All Woods Mounson contrary For the words of the Grant may be supplyed by other words It was moved further If by these words the Lessee may cut them oftner than once And by Harper Manwood and Mounson He can cut them but once Dyer contrary And so it should be if the words had been Growing upon the Premisses And this word Growing although it sounds in the present Tense yet it shall be also taken in the future Tense if the word tunc had not been alledged for it is a word of restraint The Case which was argued in the Chancery 27 H. 8. where I was present was such The Prior of St. John of Jerusalem Leased a Commandry Provided That if the said Prior or any of his Brethren there being Commanders will dwell thereupon then the said Lease to be void It was doubted If that did extend to the Successors for the word Being is in the present Tense And yet it was holden by Fitzherbert That it should be taken in the future Tense and so extend to the Successors Otherwise if the words had been Nunc Being LXXX Mich. 15 Eliz. In the Common Pleas. A Man seised of Lands in Fee devised 1 Len. 101. That his Wife should take the profits of his Lands until Mary his Daughter and Heir came to the age of 16 years And if the said Mary died That J.S. should be her Heir Manwood The Daughter after she hath attained the age of 16 years shall have the Land in tail For Devises ought to be construed according to the intent of the Devisor so far forth as any certainty with reason may be collected but no intent shall be taken against all reason and certainty It is certain That the Daughter shall not have the Land in Fee for that shall descend to her without any Devise And these words If she dieth cannot be intended a Condition for it is certain she shall die But if the words had been That after the death of Mary J.S. should be his Heir in such case Mary had had but an Estate for life for there it is limited what Estate she should have And when it is said J.S. shall be his Heir it shall be meant his Collateral Heir so as the Estate tail remains in the Daughter Mounson and Harper to the contrary and that she shall have but for life And by Mounson If Mary had been a stranger to the Devise she should take nothing And this Case was put by Barham Serjeant A Man deviseth 100 l. to his youngest Daughter 100 l. to his middle Daughter and another 100 l. to his eldest Daughter and that all these sums shall be levied of the profits of his Lands It was holden by the better Opinion of the Court in this Case That the youngest Daughter should be first paid and then the middle and then the eldest Daughter and that was said to be Coniers Case LXXXI Mich. 15 Eliz. In the Common Pleas. THe Case was The King granted to the Bishop of Salisbury That he should have Catalla felonum fugitivor ' and Fines and Amercements of all Tenants and Resiants within the Mannor of D. which Mannor the Bishop Leased for years and that the Lessee should have all profits and hereditaments within the same Mannor Manwood Iustice conceived That the Lessee should have the Post Fines For all things have a being somewhere although they be not visible As Rents Fines have their being in the Lands out of which they are issuing and that is in the Son of a Fine levied of the Land within the Mannor which is due by Land of him who ought to pay the Fine And this Fine is due be reason of the

Land therefore it is in the Land or within the Land i. e. the Mannor For the King may distrain for the Fine as well in the same Land as in the Land of him who ought to pay it Dyer doubted of it and said That the Bishop could not distrain in the Land for this Fine but should have it by allowance in the Exchequer upon the Estretes and if the party would not pay it the Lessee should have a Subpoena against him out of the Exchequer And some were of Opinion That the Lessee could not have this Fine 2 Len. 179. 4 Len. 234. for that they were not Hereditaments within the Mannor but rather in the Exchequer or Court where the Record is LXXXII Mich. 15 Eliz. In the Common Pleas. THe Case was A Man seised of a Pasture in which are two great Groves and a Wood known by the name of a Wood And also in the same Pasture there are certain Hedge-Rowes and Trees there growing Sparsim Leased the same by Indenture for years And by the same Indenture bargained and sold to the Lessee all Woods and Vnderwoods in and upon the Premisses And further That it shall and may be lawful to the Lessee to cut down and carry away all the same at all times during the Term. Harper The Hedge-Rowes do not pass by these words for they are not known by the name of Woods 14 H. 8. 2. contrary by Manwood For by such words Hedge-Rowes pass Mounson contrary For the words of the Grant may be supplyed by other Words Dyer The Hedge-Rowes shall pass for the Grant is general All Woods It was moved further If by those words the Lessee might cut them a second time or but once Harper Manwood and Mounson He may cut them but once Dyer contrary And so it should be if the words had been Growing upon the Premisses And this word Growing although it sounds in the present Tense yet it shall be also taken in the future Tense if not that the word tunc had been there for that is a word of Restraint The Case was argued in the Exchequer Chamber where I was present which was The Prior of St. John's Leased a Commandry Provided That if the said Prior or any of his Brethren there being Commanders will dwell thereupon then the said Lease to be void It was doubted If that Proviso did extend to the Successors for the word Being is in the present Tense And yet by the Opinion of Fitzherbert it shall be taken in the future Tense and so extend to the Successors Otherwise if the words had been Now being LXXXIII Mich. 15 Eliz. In the Common Pleas. A. Made B. his Executor and died Vid. le stat 43 Eliz. cap. 8. Office of Executors 261. B. to the intent to defraud the Creditors refused to take upon him the Executorship but caused a stranger to take upon him Letters of Administration which stranger fraudulently gave the Goods of the Testator to B. Dyer If the gift be fraudulent then by the Statute of 13 Eliz. the gift is void and then B. by the Occupation of the Goods shall be charged as Executor of his own wrong Manwood I conceive there is a difference If one makes an Executor and another takes the Goods but doth no Act which concerns the Office of an Executor as paying of Debts he is not Executor of his own wrong but a Trespassor to him who is Executor in right but if he doth any Act which belongs to the Office of an Executor then he is Executor of his own wrong Dyer That Case hath been adjudged against you and although the Books of 9 E. 4. 22 H. 6. were vouched Yet Iudgment was given against the Opinion of Manwood It was the Case of one Stoke LXXXIV Jackson and Darcyes Case Mich. 16 Eliz. In the Common Pleas. IN a Writ de Partitione facienda between Jackson and Darcy the Case was Tenant in tail the remainder to the King levied a Fine had Issue and died In that case It was adjudged That the Issue was barred and yet the remainder which was in the King was not discontinued For by that Fine an Estate in Feesimple determinable upon the Estate tail did pass unto the Conusee LXXXV Strowds Case Hill. 17 Eliz. In the Common Pleas. IN a Replevin the Case was That Lands holden of a Subject came to the possession of the King by the Statute of 1 E. 6. of Chauntries and the King granted the Lands over In that case It was holden That the Grantee shall hold the Lands of the King according to the Patent and not of the Ancient Lord But the Patentee shall pay the Rent by which the said Land was before holden as a Rent seck distrainable of Common Right to the Lord only and his Heirs scil to him of whom the said Lands were before holden LXXXVI Tresham and Robins Case Mich. 17 Eliz. In the Kings Bench. TResham brought an Action of Debt upon a Recognizance against Robins The Condition of which Recognizance was To stand to the Arbitrament of A. and B. who made Award That Robins should have the Land Yielding and paying 10 l. per annum And that Tresham in further assurance should levy a Fine to Robins of the same Land and upon that Robins should grant and render to Tresham which is done accordingly the Rent is behind Tresham brought Debt upon the Recognizance The Defendant pleaded the special matter with this per close Unde petit Judicium if the Plaintiff should have Execution against him And by the Opinion of the whole Court the Conclusion of the Plea is not good For here is not any Execution of the same Debt but an Original Action of Debt brought in which case he ought to have concluded Iudgment Si actio It was further moved If these words Yielding and paying make a Condition And it was agreed That the words do amount to as much as So as he pay the Rent And if a Man makes a Feoffment in Fee Reddendo salvendo 10 l. for years the same is a Condition But in the principal Case It is not a Condition For it is not knit to the Land by the Owner it self but by a stranger i. e. Arbitrator but it is a good Clause to make the same an Article of the Arbitrament which the parties are bound to perform upon pain of forfeiture of the Recognizance Which Wray concessit And that this Rent should not cease by Eviction of the Land. LXXXVII The Earl of Westmerlands Case Hill. 18. Eliz. In the Common Pleas. THe Earl of Westmerland seised of a Mannor whereof the Demesnes were usually let for three Lives by Copy 2 Len. 152. 2 Brownl 208. according to the Custom of the Mannor granted a Rent-charge to Sir William Cordell pro consilio impendendo for the term of his Life and afterwards conveyed the Mannor to Sir William Clifton in tail The Rent is behind Sir William Cordell dieth Sir William Clifton dieth

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

they had not any Lands in the said Town but the said Mannor And the Ejectione firmae was brought of that Mannor in Kent and from thence the Visne came and all the special matter aforesaid was found by Verdict And Exception was taken to the Verdict because they have found generally That the Master and Scholars had not any thing in the said Town of Laberhurst but the said Mannor Whereas they ought to have said That they had not any thing in the said Town in the County of Kent For they could not take notice what Lands the Master and Scholars had in that part of the Town which was in the County of Sussex And of that Opinion the whole Court seemed to be But Quaere of it for it was adjourned XCVI Hinde and Lyons Case Mich. 19 Eliz. In the Common Pleas. Post 70. Dyer 124. 2 Len. 11. IN 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 whole Mannor of D. by descent Vpon which they were at Issue And it was given in Evidence to the Iury That the said Mannor was holden by Knights-Service And that the said Sir John the Ancestor of c. 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 his Son of 24 years his Wife should have the third part of the said Mannor for her life and his Son should have the residue And if that his said Son do die before he come to his said age of 24 years without Heir of his body that the Land should remain to J.S. the remainder over The Devisor died The Son came to the age of 24 years The Question was If the Son had an Estate in tail for then for two parts he was not in by descent And it seemed to Dyer and Manwood That here was not any Estate in tail for no tail shall rise if not that the Son die before his said age and therefore the tail shall never take effect and the Fee-simple doth descend and remain in the Son unless that he dieth before the age of 24 years and then the Estate vests with the remainder over but now having attained to the said age he hath the Fee and that by descent of the entier 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 his Ancestor as his other Lands And a Capias also lieth against him But Manwood Iustice conceived That if a general Iudgment be given against the Heir by default in such cause a Capias doth not lie although it lieth in case of a false Plea. Dyer 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 Executors of the Heir XCVII Mich. 19 Eliz. In the Common Pleas. THe Case was A. seised of Lands in Fee 2 Len. 154. Hob. 285. Dyer 329. by his Will in writing granted a Rent-Charge of 5 l. per annum out of the same to his younger Son towards his education and bringing up in Learning The Question was If in pleading the Devisee ought to aver That he was brought up in Learning And it was holden by Dyer Manwood and Mounson Iustices That there needs no such Averment for the Devise is not Conditional and therefore although he be not brought up in Learning yet he shall have the Rent And the words of the Devise are Towards his bringing up And the Devisor well knew that 5 l. per annum would not and could not reach to maintain a Scholar in Learning Diet Apparel and Books And this Rent although it be not sufficient to such intent yet the Son shall have it And by Dyer Three years past such Case was in this Court scil Two were bounden to stand to the Award of certain persons Who awarded That the one of them should pay unto the other 20 s. per annum during the Term of 6 years towards the education and bringing up of such an Enfant and within two years of the said Term the Enfant died so as now there needed not any supply towards his Education Yet it was holden That the said yearly sum ought to be paid for the whole Term after For the words Towards his Education are but to shew the intent and consideration of the payment of that sum and are not the words of a Condition XCVIII Mich. 19 Eliz. In the Common Pleas. IN a Quare Impedit The Plaintiff declared That the Defendant was seised in Fee of the Mannor of Orchard alias Lydcots-Farm to which the Advowson is appendant and presented such a one c. And afterwards leased to the Plaintiff the said Mannor per nomen of the Mannor of Orchard alias Lydcots-Farm with the appurtenances for 21 years and the Church became void c. And the truth of the Case was That there is the Mannor of Orchard and within the said Mannor the said Farm called Lydcots Farm parcel of the said Mannor and the Lease was of the said Farm and not of the said Mannor and so the Advowson remained to the Lessor as appendant to the Mannor In this Case It was moved What thing the Defendant should traverse Dyer He shall say That the Advowson is appendant to the Mannor of Orchard absque hoc that it is appendant to the Farm of Lydcots But it seemed to Manwood That the Defendant shall say That the Advowson is appendant to the Mannor of Orchard and that the Farm of Lydcots is parcel of the said Mannor and that he Leased to the Plaintiff the said Farm with the appurtenances absque hoc that the Mannor of Orchard and the said Farm are all one For if he traverse the Appendancy to the Farm of Lydcots then he confesseth That the Mannor and Farm are all one c. But Dyer doubted of it XCIX Kirlee and Lees Case Mich. 19 20 Eliz. In the Common Pleas. IN Action upon the Case upon Assumpsit the Plaintiff declared That the Defendant in Consideration that the Plaintiff would marry the Daughter of the Defendant did promise to find to the Plaintiff and his said Wife convenient apparel meat and drink for themselves and two servants and Pasture also for two Geldings by the space of 3 years when the Plaintiff would require it And further shewed That Licet the Plaintiff had married the Defendants Daughter and that he had required the Defendant to find ut supra c. the Defendant refused c. The Defendant

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

Parliament 35 H. 8. it was Enacted That the said Lady should hold part of her Inheritance and dispose of the same as a Feme sole and that the Marquess should have the Residue and that he might Lease the same by himself without his Wife for 21 years or less rendring the ancient Rent being Land which had been usually demised c. The Marquess Leased for 21 years and afterwards durante Termino praedict Leased the same Land to another for 21 years to begin after the determination of the first Lease It was moved in this Case That this last Lease was void and that for 3 Causes 1. Because the Marquess had but an Estate for life and then it could not be intended that the Statute did enable one who had but such an Estate determinable to make such a Lease which peradventure might not commence in his life-time 2. The Letter of the Statute is 21 years or under and the word Under strongly expounded the meaning of the Statute to be not to extend to such an Estate For here upon the matter is a Lease for 40 years 3. Because the Land demised is the Inheritance of the Wife And in this Case it was said That in the Case of one Heydon such a private Act was strictly construed which was That it was Enacted That all Copies for 3 Lives granted by the Lord Admiral of the Lands of his Wife should be good The Admiral granted Leases in Reversion for 3 Lives And it was holden That that Grant was not warranted by the Statute Dyer said The words are general Omnes dimissiones and therefore not to be restrained unto special Leases scil to Leases in possession Manwood said A Feme Covert by duresse joyns in a Lease with her Husband the same shall bind her CXI The Queen and Sir John Constables Case Hill. 20 Eliz. In the Kings Bench. 5 Co. Constables Case A Quo Warranto was brought by the Queen against Sir John Constable who claimed certain Wreck in the County of York The Defendant pleaded That Edward Duke of Buck. was seised of such a Mannor to which he had Wreck appendant and that he was de alta proditione debito modo attinctus and that found before the Escheator And shewed further That the said Mannor descended to Queen Mary who granted the same to the Earl of Westmerland who granted the same to the Defendant Vpon which It was demurred And Exception was taken to the Plea because the Attainder is not fully and certainly pleaded It was argued by Plowden That the Attainder was certainly pleaded scil debito modo attinctus And it is shewed That the Wreck is appendant to the Mannor and then if the Defendant hath the Mannor he hath the Wreck also and if he hath the Mannor it is not material as to the Queen how he hath it for the Queen doth not claim the same but impeacheth the Defendant for using there such a Liberty But if the Heir of the said Duke had demanded the Mannor there against him the Attainder ought to have been pleaded certainly And it was said by him That the Interest of the Queen in the Sea extends unto the midst of the Sea betwixt England and Spain But the Queen hath the whole Iurisdiction of the Sea between England and France because she is Queen of England France c. And so it is of Ireland CXII Hill. 20 Eliz. In the Common Pleas. TEnant for life made a Feoffment of White-Acre of which he was seised for life and made a Letter of Attorny to deliver Livery and Seisin secundum formam Chartae before Livery the Tenant purchased the Fee and afterwards Livery was made It was resolved by the Court in this Case That all passed But if the Feoffment had been of all his Lands in D. and the Letter of Attorny accordingly and before Livery made the Feoffee had many Lands there If he purchased one Acre after the Livery should not extend to that Acre because the Authority was satisfied by the other Acre CXIII Banks and Thwaits Case Mich. 21 Eliz. In the Kings Bench. IN an Action upon the Case the Case was That A. had pawned an Indenture of Lease for years of a Messuage and Lands to Banks Thwaits intending to purchase the same required Banks to deliver him the said Lease and he would give Banks 10 l. whether he bought it or no at what time he would request the 10 l. Post 200. And Banks delivered the same to Thwaits accordingly Post 200. And afterwards brought an Action upon the Case and declared upon the whole matter and concluded Licet saepius requisitus c. without alledging a request express in certain and the day and place of it It was said by Cook That here the monies did not grow due before Request nor is payable before Request and therefore a Request ought to be made in facto And so he said It was ruled in this Court in an Action upon the Case betwixt Palmer and Burroughs and he said that the Mony was not due by the Promise but by the Request And it was the Opinion of the whole Court That although it be a duty Yet it is not a duty payable before Request And the Request makes a Title to the Action But if A. selleth to B. a Horse for 10 l. there is a Contract and a Request in facto need not be layed And the Opinion of the Court was also That upon this matter the Plaintiff could not have an Action of Debt for there is not any Contract for the thing is not sold but it is a Collateral promise grounded upon the delivery And by Clench Here the Request is traversable And afterwards Iudgment was given against the Plaintiff And it was said It was so ruled in Alderman Pullisons Case in the Exchequer Post 201. CXIV Segar and Boyntons Case Mich. 21 Eliz. In the Common Pleas. 2 Len. 156. IN Trespass the Case was this King Henry the 8th Anno 27 of his Reign gave the Mannor of D. to Sir Edward Boynton Knight and to the Heirs Males of his body Sir Edward Boynton had Issue Andrew his eldest Son and C. the Defendant his younger Son and died Andrew Boynton Covenanted by Indenture with the Lord Seymore that the said Andrew Boynton would assure the said Mannor to the use of himself for life the Remainder to the said Lord and his Heirs The said Lord Seymore in recompence thereof should assure other Lands to the use of himself for life the remainder to the use of the said Andrew Boynton in tail who 37 H. 8. levyed a Fine of the said Mannor without proclamations to two strangers to the uses according to the said Agreement and before any Assurance made by the said Lord The said Lord was Attainted of Treason and all his Lands were forfeited to the King And afterwards the said Andrew Boynton made a Suggestion to Queen Mary of the whole matter and upon his humble Petition the said

confirms it is a void Confirmation And 7 E. 6. Br. Grants 154. A Man possessed of a Lease for 40 years grants so many of the said years which shall be to come at the time of his death it is a void Grant for the incertainty Afterwards Shuttleworth moved another point viz. The Plaintiff hath declared of a Trespass done 1 Januarii 23 Eliz. The Defendant shews in Evidence a Lease for years to him made 14 Januarii the same year which is 13 days after the Trespass whereof the Plaintiff hath declared and it shall not be intended that the Plaintiff had another Title than that which he hath alledged and forasmuch as he hath not disclosed in himself any Title Tempore transgressionis the Plaintiff should punish him in respect of his first possession without any other Title And although it may be Objected That where the Defendant hath given in Evidence That Williamson leased to the Defendant that is not sufficient and the words subsequent 14 Januarii are void as a nugation and matter of surplusage Truly the Law is contrary for rather those words ante Transgressionem shall be void because too general and shall give way to the subsequent words after the videlicet because they are special and certain As the Case late adjudged The Archbishop of Canterbury leased three parcels of Land rendring Rent of 8 l. per annum viz. for one parcel 5 l. for another 50 s. and for the third 40 which amounts to 9 l. 10 s. It was adjudged That the videlicet and the words subsequent concerning the special reservation of the Rent was utterly void because contrary to the premisses which were certain viz. 8 l. and that the Fermor should pay but 8 l. according to the general reservation but in our case the words precedent are general i. e. ante Transgressionem and therefore the words subsequent which are special and certain shall be taken and the general words rejected As in Trespass the Defendant pleads That A. was seised of the Land where and held it of the Defendant and that the said A. 1 die Maii 6 Eliz. aliened the said Land in Mortmain for which he within a year after viz. 4 Maii Anno 7 Eliz. entred now the same is no bar for upon the evidence it appeareth that the Lord hath surceased his time and the words within the year shall not help him for they are too general and therefore at the subsequent words viz. c. Cook on the Defendants part took Exception For it appeareth here upon the Evidence of the Defendant which is confessed by the Demurrer of the Plaintiff That upon this matter the Plaintiff cannot punish the Defendant for this Trespass for he was not an immediate Trespassor to the Plaintiff for the Plaintiff hath declared upon a Trespass done 1 Januarii 23 Eliz. And it is given in Evidence on the part of the Defendant and confessed by the Plaintiff c. That 22 Eliz. Cordell Savell levied a Fine to Williamson by force of which the said Williamson entred and was seised and so seised 14 Januarii 23 Eliz. leased to the Defendant Now upon this matter the Plaintiff cannot have Trespass but the Defendant for Williamson was the immediate Trespassor to him for he entred 22 Eliz. And at length after deliberation had of the premisses by the Court The Court moved the Plaintiff to discontinue his suit and to bring de novo a new Action in which the matter in Law might come into Iudgment without any other Exception But the Plaintiff would not agree to it Wherefore it was said by Wray Chief Iustice with the consent of his Companions Begin again at your peril for we are all agreed That you cannot have Judgment upon this Action CXXVI Mich. 26 Eliz. In the Kings Bench. THe Case was A. made a Feoffment in Fee to the use of his younger Son in tail and after to the use of the Heirs of his body in posterum procreand and at the time of the Feoffment he had Issue two Sons and after the Feoffment had Issue a third Son The younger Son died without Issue Vpon a Motion at the Bar it was said by Wray Iustice That after the death without Issue of the second Son the Land should go to the third Son born after the Feoffment for this word in posterum is a forcible word to create a special Inheritance without that it had been a general tail CXXVII Smith and Smith's Case Mich. 26 Eliz. In the Kings Bench. LAmber Smith Executor of Tho. Smith brought an Action upon the Case against John Smith That whereas the Testator having divers Children Enfants and lying sick of a mortal sickness being careful to provide for his said Children Enfants The Defendant in Consideration the Testator would commit the Education of his Children and the disposition of his Goods after his death during the minority of his said Children for the Education of the said Children to him promised to the Testator to procure the assurance of certain Customary Lands to one of the Children of the said Testator And declared further That the Testator thereupon Constituted the Defendant Overseer of his Will and Ordained and appointed by his Will That his Goods should be in the disposition of the Defendant and that the Testator died and that by reason of that Will the Goods of the Testator to such a value came to the Defendants hands to his great profit and advantage And upon Non Assumpsit pleaded It was found for the Plaintiff And upon Exception to the Declaration in Arrest of Iudgment for want of sufficient Consideration It was said dy Wray Chief Iustice That here is not any benefit to the Defendant that should be a Consideration in Law to induce him to make this promise For the Consideration is no other but to have the disposition of the Goods of the Testator pro educatione Liberorum For all the disposition is for the profit of the Children and notwithstanding That such Overseers commonly make gain of such disposition yet the same is against the intendment of the Law which presumes every Man to be true and faithful if the contrary be not shewed and therefore the Law shall intend That the Defendant hath not made any private gain to himself but that he hath disposed of the Goods of the Testator to the use and benefit of his Children according to the Trust reposed in him Which Ayliffe Iustice granted Gawdy Iustice was of the contrary Opinion And afterwards by Award of the Court It was That the Plaintiff Nihil Capiat per Billam CXXVIII Amner and Luddington's Case Mich. 26 Eliz. Rot. 495. In the Kings Bench. A Writ of Error was brought in the Kings Bench by Amner against Luddington Mich. 26 Eliz. Rot. 495. 2 Len. 92. 8 Co. 96. And the Case was That one Weldon was seised and leased to one Peerepoint for 99 years who devised the same by his Will in this manner viz. I Bequeath to my Wife the

and that was 31 years as if I make a Lease during the Term that J. S. hath in the Mannor of D. and J. S. hath 40 years in it now although that J S. surrendreth or forfeiteth it yet he shall hold over but he shall have it for 40 years for my Lease refers to the time and not to the estate In the like manner here G. cannot have the same Term which J. had nor for 31 years after the death of J. but so much of the said 31 years shall be cut off in the interrest of it as J. had enjoyed it and G. shall have as many years as J. hath left and G. shall perform so much of my Will as J. at his death within the Term aforesaid shall not have performed As if I Lease my Land to one until he hath levied 100 l. and if he dieth before that he hath levied it then J. S. shall have such Term for the levying of it the first Lessee levieth 50 l. and dieth J. S. may levy the residue but not the whole And although that the Iury saith that if the Term be extinct then they find for the Defendant although that it be extinct yet they are not to take Conusance what the Law is thereupon but that is the Office of the Iudges As 13 E. 3. the Iury found that the Son was born during the Elopement and so Bastard that Conclusion of the Verdict is not to the purpose but the Court ought to judge upon the premises of the Verdict If upon the birth during the Elopement the party be Bastard or not And afterwards Manwood with the assent of his Companions the Barons Commanded That Iudgment should be entred for the Plaintiff Which was done accordingly CLX The Bishop of Bristow's Case Trin. 26 Eliz. In the Exchequer NOte It was holden by Manwood Chief Baron in this Case That if a Lease be made for years rendring Rent 1 Cro. 398. More Rep. 891. with Clause of Distress And afterwards the Rent and Reversion are extended upon a Statute or seised into the Kings hands for Debt if the Lessee payeth the Rent according to the Extent the same is not in any danger of the Condition for that now the Lessee is compellable to pay it according to the Extent CLXI Hill. 26 Eliz. In the Exchequer THe Queen by her Letters Patents granted to J. S. catalla Utlagatorum Felonum de se within such a Precinct More Rep. 126 127. One who was endebted unto the Queen is felo de se within the Precinct It was the Opinion of all the Barons and so Ruled That notwithstanding the Grant by the said Letters Patents That the Queen should have the Goods for to satisfie her Debt CLXII Tuker and Norton's Case Pasch 26 Eliz. In the Kings Bench. THe Case was An Infant being in Execution upon a Condemnation in Debt brought a Writ of Error His Father and his Brother was his Bail It was the Opinion of the Iustices That they two only should enter into the Recognizance That the Enfant shall appear and that if the Iudgment be affirmed that they shall pay the Mony and not that they shall render the Body of the Enfant again to Prison for that when once he is discharged of the Execution he shall never be in Execution again CLXIII Marsh and Jones's Case Mich. 27 Eliz. In the Common Pleas. 2 Len. 117. IN a Replevin the Case upon the Evidence was That before the Statute of Quia emptores terrarum A Man made a Feoffment in Fee to hold of him by the services Solvend post quamlibet vacationem sive alienationem the value of the annual profits of the Lands c. It was holden by the Court That value shall be intended which at the time of the Feoffment was the value and not as it is now improved by success of time CLXIV Annesley and Johnsons's Case Mich. 27 Eliz. In the Common Pleas. IN an Ejectione Firme upon Evidence the Case was That Roger Wake was seised c. and before 27 H. 8. enfeoffed certain persons to his use c. and they being so seised to the use aforesaid The said Roger by his Will willed That his Feoffees and Executors should found a Chauntry in perpetuity and a Priest there to say Mass pro anim ' c. and that they procure a Licence to alien in Mortmain and also an Incorporation for such Chauntry Priory And that the said Lands should be conveyed to such a Priest c. And also that every such Priest should be School-Master there And that post dictam Cantariam sic fundatam stabilitam the said Priest should say Mass c. Roger Wake died The Feoffees and Executors did not procure any Corporation or Licence to alien in Mortmain nor make any estate to the Chauntry Priest But the appointing a Priest who said Mass according to the Will of the said Roger and was also a School-Master and took the profits of the said Lands as owner of them and died After which one Vere was appointed to be School-Master there but he was meerly a Lay-person and so continued until his death and took the profits of the Land And upon part of the Land he built a House and there dwelt and kept a School And after his death one Curtis was appointed by the Executors to teach there and he was a Lay-man and there taught many years and afterwards he took Orders and became a Priest and said Mass and other Divine Service and continued School-Master also And 26 H. 8. the same was presented for a Chauntry for First-Fruits and first-fruits were paid for it as appeared by a Particular which was shewed in Evidence And also 2 E. 6. it was presented for a Chauntry and the possessions of it seised into the Kings hands And it was much insisted upon That Vere being a meer Lay-man that the same was a forcible Interruption of the Reputation of the Chauntry But it was the Opinion of the whole Court to the contrary And that notwithstanding That no Corporation was obtained yet because that the Priest was appointed by colour of the Will and he said Mass according to the Will although Vere who succeeded him was a meer Lay-man and not a Priest yet afterwards when Curtis came being appointed but a School-Master being also a meer Lay-man yet afterwards when he took upon him Orders and demeaned himself as a Chauntry Priest there ratione institutionis by the Will of Wake which is confirmed by the Certificate and also by the Presentment The first Reputation is revived and the Law shall not construe That Curtis took the profits in the Quality of a School-Master but as a Priest for the Law hath respect to the Will of the said Wake which was the ground of all these proceedings and that although he did not say Mass within 5 years before the Statute of 1 E. 6. And Note That the Certificate of 26 H. 8. was That Rich. Curtis was

created by this Will but the Feesimple setled in them when they came at their lawful age and had Issue so as the residue of the Devise was void and Iudgment was given accordingly CLXVI Griffith and Agard's Case Mich. 27 Eliz. In the Common Pleas. IN Disceit by Griffith against Agard and his Wife 1 Len. 290. For that a Fine was levied of a Messuage being Ancient Demesne by which it became Frank-Fee and the Fine was levied in the life of A. Griffith Grandfather of the Plaintiff Exception was taken to the Writ because it is brought by the Plaintiff as Cosen and Heir of A. G. his Grandfather And in the beginning of the Writ the words are Si Henricus Griffith fecerit te securum without saying Cousen and heir of A. G. fecerit te securum But the Exception was not allowed For afterwards in the Writ these words are Cujus haeres ipse est See the Register 238. that it is sufficient if there be in the body of the Writ these words Cujus haeres ipse est Another Exception was taken to the Declaration in that it is alledged that the Lands were De antiquo Dominico Dominae Reginae Angliae wereas it ought to have been De antiquo Dominico Dominae Coronae suae c. The Opinion of the Court was That it was good both ways See Book Entries 100. antiquo Dominco Coronae 58. de antiquo Dominico Domini Regis CLXVII Bashpool's Case Mich. 27 Eliz. In the Kings Bench. 2 Len. 101. Stiles Rep. 148. THe Case was The Father was seised of Lands in Fee and bound himself in an Obligation and devised his Lands unto his Wife until his Son should come to the age of 21 years the Remainder to his Son in Fee and died and no other Land descended or came to the Son from the Father It was moved by Godfrey That the Heir in this case might elect to waive the Devise and to take the Land by Descent See 9 E. 4. 18. by Needham But it was the Opinion of Gawdy and Shute Iustices That the Son should be adjudged in by Descent and so bounden with the Debt CLXVIII Branthwait's Case Mich. 27 Eliz. In the Kings Bench. DEbt brought by J. D. against Branthwait upon an obligation the Condition of which was That whereas J. F. claimed to have a Lease for years of the Mannor of D. made and granted to him by one W. D. If the said Branthwait keep without damage the Plaintiff from all claim and Interest to be challenged by the said J. F. de tempore in tempus during the years c. and also deliver the said Lease to the Plantiff that then c. The Defendant pleaded That the said J. F. had not any such Lease and that after the making of the said Obligation untill the Action brought the Plaintiff was not damnified ratione dimissionis praedictae Exception was taken to the same because where the words of the Condition are Keep without damage the Plaintiff from all Claim and Interest And he hath pleaded That the Plaintiff was not damnified ratione dimissionis c. But the Exception was disallowed by the Court For if he were not damnified ratione dimissionis then he was not damnified by reason of any Claim or Interest Another Exception was taken Because he could not now say there was no such Lease For it is recited in the Obligation That J. F. claimed to have a Lease and therefore by this recital he is estopped c. And see where a Recital is an Estoppel 8 R. 2. Fitz. 2 Len. 11. tit Estoppel 283. 39 E. 3. 3. Fitz. Estoppel 112. 46 E. 3. 12. It was holden by the Court That it was a good Estoppel And afterwards Iudgment was given for the Plaintiff CLXIX Mich. 27 Eliz. In the Kings Bench. DEbt upon an Obligation The words of the Obligation were I am content to give to W. 10 l. at Michaelmas and 10 l. at our Lady day It was holden by the Court That it was a good Obligation And it did amount to as much as I promise to pay c. It was also holden by the Court That an Action of Covenant lay upon it as well as an Action of Debt at the Election of the Plantiff And it was holden That although the Action is for 40 l. and the Declaration is 20 l. and 20 l. at two several days yet it is good enough and the Declaration is well pursuant to it And afterwards Iudgment was given for the Plaintiff CLXX The Queen and Kettell's Case Trin. 27 Eliz. In the Common Pleas. THe Queen brought a Writ de Valore Maritagii against Kettell and Counted of a Tenure in Chief The Defendant pleaded That pendant the Writ the Queen had granted to one Edmund Kettel Custodiam Maritagium of the said Defendant with whom he had Compounded It was holden by the whole Court to be no Plea for the Letters Patents were void because the Queen was deceived in her Grant for it appeareth by the Count that the Defendant before the Grant of the Queen was of full age And by the Letters Patents the Queen intended that he was within age and by the same granted Custodiam c. CLXXI. Mich. 27 Eliz. In the Common Pleas. A. Seised of Land by his Will Devised 1 Len. 31. That his Executors should sell the Lands and died the Executors levied a Fine thereof to one F. taking Mony for it of F. The Question was If in title made by the Conusee to the said Lands by the Fine It be a good Plea against the same to say Quod partes Finis nihil habuerunt Anderson conceived That it was But by Windham and Periam upon Not guilty the Conusee may help himself by giving in Evidence the special matter in which Case the Conusee shall be adjudged in not by the Fine but by the Devise And Windham said That if A. Devise That his Executors shall sell a Reversion of certain Lands of ●hich he dieth seised and they sell the same without Deed the same is well enough for the Vendee is in by the Devise 1 Iust 113. a. and not by the Conveyance of the Executors Quod vide 17 H. 6. 23. And by Periam The Conusee may help himself in pleading As he who is in by the Feoffment or Grant of Cestuy que use by the Statute of 1 R. 3. CLXXII Lee and Loveday's Case Trin. 27 Eliz. In the Common Pleas. TEnant in tail leased for 60 years and afterwards levied a Fine to Lee and Loveday sur Conusans de Droit come ceo c. and their Heirs in Fee And afterwards the Lord of the Mannor of whom the Land was holden brought a Writ of Disceit and upon that a Scire facias against the Conusees supposing the Land to be Ancient Demesne The Defendants made default by which the Fine was annulled and now the Issue in tail entred upon the Lessee for years and he brought an Ejectione firme

and his diet for himself his servants and horses Vpon which the Debt in demand grew but the said Young was not at any price in certain with the Defendant nor was there ever any agreement made betwixt them for the same It was said by Anderson Chief Iustice That upon that matter an Action of Debt did not lie And therefore afterwards the Iury gave a Verdict for the Defendant CCXI. Heidon and Ibgrave's Case Hill. 29 Eliz. In the Common Pleas. 1 And. 148. A Writ of Right was brought by Heidon against Ibgrave and he demanded the third part of 40 Acres of Land in the County of Hertford and they were at Issue upon the meer Right Vpon which the Grand Assise appeared And first the 4 Knights were specially sworn to say upon their Oath Whether the Tenant hath better right to hold the Land than the Demandant to demand it And afterwards the rest of the Iurors were sworn generally as in other Actions And there was some doubt made Whether the Demandant or the Tenant should first begin to give Evidence And at the last it was Ruled by the Court That the Tenant should begin because he is in the affirmative And it was said by Periam Iustice That so it was late adjudged in the Case betwixt Noell and Watts And upon the Evidence the Case was That King Hen. the 8th by his Letters Patents gave to the Demandant the Mannor of New-Hall and all the Lands in the Tenure and Occupation of John Whitton before demised to Johnson and in the Parish of Watford And the truth was That the said 40 Acres whereof now the third part was in demand were in the Occupation of the said John Whitton but were never demised to Johnson nor in the Parish of Watford And by the clear Opinion of the Court the said 40 Acres did not pass for the circumstances of the Deed are not true scil the Demise to Johnson and the being in the Parish of Watford but both were false But if the said Land had had an especial name in the Letters Patents then it had been well enough notwithstanding the misprision in the rest And by Anderson If upon the particular it had appeared that the Demandant had paid his Mony for the said 40 Acres peradventure they had passed CCXII. The Dean of Gloucester's Case Hill. 29 Eliz. In the Common Pleas. THe Dean and Chapter of Gloucester brough a Writ of Partition against the Bishop of Gloucester upon the Statute of 32 H. 8. of Partition And it was moved That upon the words of the Statute that the Action did not lie in this Case for the Statute doth not extend but to Estates in Ioynt-Tenancy or in Common of Lands whereof such Ioynt-Tenants or Tenants in Common are seised in their own right And also it is further said That every such Ioynt-Tenant or Tenant in Common and their Heirs shall have Aid to deraign the warranty without speaking of the word Successors And by Periam and Windham Iustices The Writ doth not lie But Anderson seemed to be of a contrary Opinion CCXIII. Hare and Meller's Case Hill. 29 Eliz. In the Common Pleas. HUgh Hare of the Inner-Temple brought an Action upon the Case against Philip Meller and declared Ante 138. That the said Defendant had exhibited to the Queen a scandalous Bill against the Plaintiff charging the said Hugh to have recovered against the said Defendant 400 l. by Forgery Perjury and Forswearing and Cosenage And also that he had published the matter of the said Bill at Westm c. 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 to her to make their complaints But if a Subject after the Bill once exhibited will divulge the matter comprised in it to the disgrace and discredit of the person intended the same is a good cause of Action And so was the Case of Sir John Conway who upon such matter did recover And as to the words themselves It seemeth to the Court That they are not Actionable For it is not expresly shewed That the Plaintiff had used Perjury Forgery c. And it may be that the Attorny or Sollicitor in the Cause hath used such indirect means the Plaintiff not knowing it and in such case the Plaintiff hath recovered by Forgery c. and yet without reproach And by perjury he could not recover for he could not be sworn in his own Cause And Stanhops Case was remembred by the Court which was That Edward Stanhop of Grays-Inn brought an Action upon the Case against one who had Reported That the said Edward Stanhop had gained his Living by swearing and forswearing And by the Opinion of the Court The Action did not lie for those words do not set forth any actual forswearing in the person of the Plaintiff but it might be in an Action depending between the Plaintiff and a stranger that another stranger produced as a Witness had made a false Oath without any procurement or practice of the Plaintiff in which Case it might be that the Plaintiff had gained by such swearing CCXIV. Cheverton's Case Hill. 29 Eliz. In the Common Pleas. HEnry Cheverton brought a Quare Impedit and Counted That he was seised of the moyety of the Church of D. that is to say To present qualibet prima vice and that J.S. is seised of the other moyety that is to say To present qualibet secunda vice c. And Exception was taken to the Count Because it was not shewed how the special Interest did begin scil by Prescription Composition or otherwise for it is clearly against common Right and therefore that ought to be shewed See Dyer 13 Eliz. 229. CCXV Edmond's Case Mich. 29 Eliz. In the Common Pleas. IN an Action upon the Case against Edmonds the Case was That the Defendant being within age requested the Plaintiff to be bounden for him to another for the payment of 30 l. which he was to borrow for his own use to which the Plaintiff agreed and was bounden ut supra Afterwards the Plaintiff was sued for the said Debt and paid it And afterwards when the Defendant came of full age the Plaintiff put him in mind of the matter aforesaid and prayed him that he might not be damnified so to pay 30 l. it being the Defendant's Debt Whereupon the Defendant promised to pay the Debt again to the Plaintiff Vpon which promise the Action was brought And it was holden by the Court That although here was no present consideration upon which the Assumpsit could arise yet the Court was clear That upon the whole matter the Action did lie and Iudgment was given for the Plaintiff CCXVI Farrington and Fleetwood.'s Case Mich. 29 Eliz. In the Exchequer BEtween Farrington and Fleetwood the Case was upon the Stat. of 31 H. 8. of Monasteries 2

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

the Plaintiffs and of the cause of it upon which the Plaintiffs did demur in Law. It was argued by Fleetwood Serjeant for the Bishop but to little purpose therefore I will report but certain passages of his Argument He conceived That that general Pleading of Schismaticus inveteratus was good enough as if the Bishop certifieth Bastardy It is sufficient to say Bastardus sive Spurius without other Circumstances as to say On the body of such a Woman begotten Lollard derivatur à Lollio i. e. Anglice Tares Sampson was Dean of Christ Church in Oxford and was convented before the Ordinary for Schism because he would not use a Surplice and for that he was condemned for a Schismatick and deprived of his Deanery in the time of the Queen that now is Shuttleworth Serjeant for the Plaintiffs That the Bishop in his Plea ought to have shewed specially how and in what point the Presentee of the Plaintiffs was Schismaticus There are divers manners of Schisms 1. In Doctrine 2. In manners and of each kind there are many c. And therefore for doubt of enveigling the Metropolitan who is to try that Issue the Defendant ought to have shewed the Schism in certain in which the Metropolitan was to examine the Clerk readily See 38 E. 3. 2. the Case of the Countess of Arundel where in a Quare Impedit the Ordinary pleaded That the Presentee was Criminosus Perjurus and shewed the Cause in what and when he was Perjured And although this Issue is to be tryed by the Metropolitan yet it ought to be formally pleaded in the Temporal Court and with certainty As where a Divorce is pleaded It is not sufficient to say That a Divorce was had but the party ought to shew for what cause and before what Iudge the Divorce was had which see 18 E. 4. 29. where the Divorce is specially pleaded for cause of Consanguinity for by one Divorce the Issues are bastardized by others not See as to the Pleading of a Divorce 11 H. 7. 9. Profession although it be a Spiritual thing yet the general Pleading of it is not good but he who pleads it ought to shew of what Order and under whose Obedience 40 E. 3. 37. which see the Book of Entries 444. Intravit Religionem viz. in Domo Carmelitarum de London ibi fuit professus sub Obedientia R. Prioris Domus illius So Deprivation shall not be generally pleaded which see Book of Entries 458. Ecclesia vacavit per Privationem c. per J.S. Legum Doctor Delegat c. so of Resignation 7 E. 4. 16. Resignavit in manus I.L. Bishop of London Ordinary of the said place Now It is to see If by this general Demurrer the matter in Fact be confessed scil That the Presentee was Schismaticus inveteratus and as to that the Rule is That all matters in Fait which are well and duly pleaded by a general Demurrer be confessed but that which is not well alledged by no Demurrer shall be holden confessed Which Learning see in the Commentaries in Partridge and Stranges Case And here for as much as Scismaticus is not not well pleaded for the cause aforesaid it shall not be holden confessed Now It is to see If upon the Statute of 27 Eliz. this defect be helped and he conceived it was not for here the defect is in matter and not in form As if in Trespass of his Close breaking the Defendant justifies by a Lease for years and doth not shew the place where the Lease was made and the Plaintiff demurrs generally upon it the said defect is not helped by the said Statute for that it is Matter So in a Formedon in Discender The Defendant pleads a Warranty with Assets without shewing the place where the Assets is and the Demandant demurrs upon it generally the same defect is not helped by the said Statute See a good Case adjudged upon the Statute Mich. 28 29 Eliz. between Henly and Broad Periam and Windham Iustices conceived That the Plea of the Bishop is not good because it is not shewed in what point the Presentee was Schismaticus for by this genral Pleading if it should be allowed the Metropolitan to whom the Tryal of the Cause belongeth shall be driven to peruse all Schisms in the Examination of the Presentee which is a thing infinite and inconvenient Rhodes and the Lord Anderson to the Contrary And Rhodes vouched an Old Book 30 E. 1. out of a written Book of the Lord Catline In a Quare non admisit the Defendant pleaded That the Clerk presented was Schismaticus Adulter and the Court commanded that he hold himself to one of them for which he said Adulter so as the Court did not mislike the Plea for the generality but for the doubleness And by Anderson Our Case is not like the Cases put by Shuttleworth for they concern things tryable by our Law in which Case to have convenient tryal all matters issuable ought to be specially alledged but here the Case is otherwise and no peril of Tryal And by the said Statute of 27 Eliz. we ought to judge according to the right of the Cause and matter in Law. See this Case adjudged upon a Writ of Error brought in the Kings Bench. Hill. 32 Eliz. in Cook 5 Part 57. Specot's Case CCLII Estrigge and Owles's Case Trin. 30 Eliz. In the Kings Bench. IN an Action upon the Case by Estrigge against Owles It was holden by the Iustices Ante 73. That forbearance per paululum tempus is a good Consideration Then it was moved That in the Action the Request was not sufficiently laid in respect of the place and time And Cook said That the difference had always been agreed That where the promise is to do a Collateral thing upon Request there in the Declaration the place and the time ought to be certainly set down As it was holden in the Case of Alderman Pulison where he promised to give a Cun of Wine upon request Ante 73. in such case the request is traversable and therefore it ought to be certainly shewed for the request is parcel of the Issue But if such Action be brought and the Plaintiff declares upon an Indebitatus then if the Plaintiff prove the Debt it is not material to prove the promise for every Contract executory implyes a promise and in such case the request is not traversable And the truth of the Case was That one Tickil was endebted to the Plaintiff in 30 l. and died Intestate B. his Wife took Letters of Administration and took to Husband the Defendant And he for the Consideration aforesaid and that the Plaintiff would forbear his Debt for a little time promised to pay it And further declared That he had forborn c. from such a day until such a day but yet the Defendant would not pay it licet saepius requisitus And upon this Declaration the Plaintiff had Iudgment And now a Writ of Error was brought

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

12 Feb. 17 Eliz. And upon the Retorn of this Office came one Heighgate and shewed That the said Rush 16 Eliz. was possessed of the said Lease and the same year assigned the same to the said Heighgate and traversed the Office. Exception was taken to the Inquisition Because that the Lease is not certainly set forth scil the number of the years in certainty Cook The Office is sufficient enough notwithstanding this Exception for the Queen is a stranger to the Lease and therefore she shall not be driven to set forth the certainty See 7 E. 6. Plowden 85. Partridge's Case upon the Statute of 32 H. 8. concerning pretended Titles c. there the Informer declared That ihe Defendant had Leased Lands for years against the said Statute c. without shewing the number of the years and the Information was holden good enough for it is impossible that a stranger have notice of every certainty c. and it is dangerous to meddle with such a particular certainty of the Lease and to miss it And in this Case for as much as Heighgate comes to this Lease not by voluntary Contract but by compulsory means scil by Execution upon the Statute he cannot by common Intendment have notice of every particular Circumstance and Article of the Lease as he may in case of a voluntary Contract And also although in pleading the number of the years ought to be expressed yet in an Inquisition such precise pleading is not requisite See 15 H. 7. 7. An estate tail and dying seised of it was found by Office without shewing of whose gift it was and good enough CCLIX Trin. 30 Eliz. In the Exchequer ONe exhibited a Bill in the Exchequer Chamber upon the Statute of 2 E 6. Cap. 13. to have the treble value for not setting forth his Tythes according to the said Statute But it was clearly holden by the Court That the Bill did not lie upon that matter for the Plaintiff hath his remedy for the same in the Court of Pleas in the Exchequer And also for that there shall be no suit or proceedings according to the Order of the Exchequer Chamber in Cases of Conscience upon any penal Statute CCLX Body and Tassell's Case Trin. 30 Eliz. In the Exchequer NOte That in the Case between Body and Tassell It was holden by Baron Clark That if a Man lendeth Mony and for the forbearing of it contracts for more than 10 l. in the 100 l. That the Bond made for it is void presently and that if he doth receive excessive Interest that he shall forfeit treble the value CCLXI Markham and Pitts's Case Trin. 30 Eliz. In the Kings Bench. IN an Action upon the Case upon a Trover by Markham against Pitts the Defendant after an Imparlance pleaded an Outlawry of the Plaintiff And it was holden by some to be a good Bar and therefore it may be pleaded after Imparlance As 16 E. 4. 4. in Debt upon a Specialty But not in Debt upon a Contract Trespass Battery Imprisonment c. for such matters the King shall not have by Outlawry CCLXII Crane and Juniper's Case Trin. 30 Eliz. In the Kings Bench. THomas Crane brought an Action upon the Case against Juniper and one John Matthew upon an Assumpsit and declared That in Consideration that the Plaintiff took upon him That whereas William Matthew was endebted unto him in divers sums of Mony at the time of the death of the said William that he would not molest the said Defendants being Executors of the said William Matthew before the 10th day of May next following the Defendants promised to pay to the Plaintiff debitum praedict at the said 10th day of May And declared further Quod non molestavit and yet although saepius requisit the Defendants had not paid him c. And upon Non Assumpsit pleaded It was found for the Plaintiff And it was Objected That the Plaintiff had not maintained nor averred his Assumpsit for the words of it are Non molestavit nominatos Executores Testamenti ultimae Voluntatis William Matthew but he ought to have averred more specially quod non molestavit Juniper Matthew named Executors of William Matthew nor any of them by their names Also he ought to have pleaded Quod non molestavit before the said 10th day of May according to his promise And also he ought to have shewed in his Declaration how that he did not trouble them for the Debt of the Testator c. CCLXIII Walcot and Powell's Case Pasch 30 Eliz. In the Kings Bench. THe Case was That in an Action of Debt brought against the Husband and Wife The Plaintiff declared upon an Obligation made by the Wife dum sola fuit and the Writ was in the Detinet tantum And upon Iudgment given in that Action a Writ of Error was brought in the Kings Bench And that matter was assigned for Error And by Cook The Writ ought to be in the Debet Detinet for the Husband hath the Goods of the Wife in his own right and so is the Register 140. CCLXIV Wigmore and Wells's Case Pasch 30 Eliz. In the Kings Bench. THree were bound in a Bond by these words Obligamus nos quemlibet nostrum Conjunctim And it was holden by the Court to be a joynt Bond and not several for the word Quemlibet is expounded by the word Conjunctim CCLXV. Pasch 30 Eliz. In the Exchequer IT was holden by the Court in this Case That if a stranger entreth upon the Farmor of the Queen that by such Entry he hath gained the Estate for years and if he doth make a Lease unto another his Lessee may maintain an Ejectione Firmae CCLXVI. Abbot's Case Pasch 30 Eliz. In the Kings Bench. ALice Abbot brought an Action upon the Case upon 5 several Assumpsits and in the close of her Declaration it was Et praedict J.S. licet saepius requisitus c. and so there was but one licet saepius requisitus to all the 5 Assumpsits whereas every several Assumpsit ought to have his several demand for one general Request for all is not sufficient For it hath been adjudged Where one is endebted to me severally in several sums of Mony made upon request or demand made And I go to him and say to him Pay me what you owe me the same is not a sufficient demand or request Wray If one lendeth me Mony to repay it when he shall be required Licet saepius requisitus is not sufficient but if the Plaintiff declareth upon a Cum indebitatus fuisset the Defendant assumed to pay there Licet saepius requisitus is sufficient CCLXVII Stackford's Case Pasch 30 Eliz. In the Kings Bench. STackford was endicted for disclosing the Counsel of the Queen and of his Companions being sworn upon the Grand Enquest for the County of Middlesex in this manner It was intended by the Iury to endict the Brother of the said Stackford as a common Barrettor and he disclosed the same to

sue in what Court he will in any of the Kings Courts of Record And in this Case the Queen is quodam modo a party For she is to have the moyety And so this cause is not meerly betwixt party and party c. CCLXXXV Willoughby's Case Trin. 30 Eliz. In the Kings Bench. 2 Len. 117. WIlliam Willoughby and two other were Endicted That where the Parson of the Church of D. and all his predecessors have used to have Common in such a place The said Defendants Willoughby and others had enclosed the same and that enclosure was upon their own Land. It was moved That upon this matter they ought not to have been endicted but the party grieved was put to his Action As where a presentment is made of a Disseisin See 27 Ass 20. And it was the Case of one Marden 29 Eliz. upon the stopping of a High-Way upon his own Land and if it were upon other Land it were not material for it is but an Impeachment to take Common which cannot be Vi et armis c. Also this Endictment is Recorded and Certified as found before Iustices of Assize and Gaol-Delivery and they cannot take such presentment And although the Iustices of Assize and Gaol-Delivery were in rei veritate also Iustices of Peace yet the Endictment being recorded and certified to be taken before them in quality of Iustices of Peace shall not help it for the Court shall not respect any Authority but that which appears upon the Record And for these Causes the parties were discharged CCLXXXVI Gates and Hollywell's Case Pasch 30 Eliz. In the Kings Bench. A Man having Issue two Sons devised That his eldest Son with his Executors should take the profits of the Lands until his younger Son should come to the age of 22 years and then the younger Son should have the Lands to him and his Heirs of his body It was the clear Opinion of all the Iustices That the eldest Son should have a Feesimple in the Lands until the younger Son came to the said age of 22 years CCLXXXVII Cony and Beveridge's Case Mich. 30 Eliz. In the Common Pleas. 2 Len. 146. IN Debt upon an Obligation the Case was That the Plaintiff Leased to the Defendant certain Lands in the County of Cambridge rendring rent And afterwards the Defendant became bounden to the Plaintiff in an Obligation for the payment of the said Rent upon which Bond the Plaintiff brought an Action of Debt in the County of Northampton To which the Defendant pleaded payment of the Rent without shewing the place of payment and upon that they were at Issue And it was found by Nisi prius in the County of Northampton for the Plaintiff It was moved in Arrest of Iudgment That the Issue is mis-tryed for here the payment of the Rent being pleaded without shewing the place of payment it shall be intended that the Rent was paid upon the Land which is in the County of Cambridge and there the Issue ought to be tryed See 44 E. 3. 42. And it was the Opinion of Anderson Chief Iustice That no Iudgment should be given for the Plaintiff for the Cause aforesaid But Rhodes and Windam Iustices were of a contrary Opinion For it doth not appear That the Issue is mis-tryed because that no place of payment is pleaded and it may be for any thing that is shewed That the Rent was not paid in the County of Northampton CCLXXXVIII The Blacksmith's Case Mich. 30 Eliz. In the Common Pleas. A Blacksmith of South Mimmes in the County of Middlesex took an Obligation of another Blacksmith of the same Town upon Condition that he should not exercise the Trade or Art of a Blacksmith within the same Town nor within a certain precinct of the same And upon that Obligation the Obligee brought an Action of Debt in the Common Pleas depending which Suit the Obligor complained to the Iustices of Peace of the County against the Obligee upon which the matter being found against him by Examination the Iustices committed the Obligee to Prison and now upon the whole matter Puckering Serjeant prayed a Habeas Corpus for the said Obligee to the Sheriff of Middlesex and hat it And Fleetwood Recorder of London being at the Bar the Court openly admonished him of that matter For by the Law Iustices of Peace have not Conusans of such Offences nor can entermeddle with them for their power is limited by the Commission and the Statutes And the Recorder relyed much upon the Opinion of Hull in 2 H. 5. 5. But it was said by the Court Although that this Court be a high Court to punish such Offences appearing before them of Record yet it doth not follow That the Iustices of Peace may also do so But as to the Obligation it self the Court was clear of Opinion That the same was void and against the Law. CCLXXXIX Russell and Broker's Case Mich. 30 Eliz. In the Common Pleas. 2 Len. 209. IN Trespass for cutting down of 4 Oaks The Defendant pleaded That the place where c. And that he is seised of a Messuage in D. and that he and all those whose Estate he hath c. habere Consueverant rationabile estoverium suum for fuel ad Libitum suum Capiendum in boscis subboscis arboribus ibidem crescentibus and that in Quolibet tempore anni unless in Fawning time The Plaintiff by Replication said That the place where is in the Forrest of D. c. And that the Defendant and all those whose Estate c. habere Consueverunt rationabile estoverium suum de Boscis c. per Liberationem Forestarii aut ejus Deputati prout Boscus pati potuit non ad exigentiam petentis And upon that Replication the Defendant demurred in Law. And it was the clear Opinion of the Court That Iudgment should be given against the Plaintiff For if he would have ousted the Defendant of his Prescription by the Law of the Forrest he ought to have shewed the Law of the Forrest in such Case Lex forestae talis est For the Law of the Forrest is not the Common Law of the Land and we are not bounden to take notice of it but it ought to be pleaded Or else the Plaintiff ought to have traversed the Prescription of the Defendant For here are two Prescriptions one pleaded by the Defendant by way of Bar The other set forth by the Plaintiff in his Replication without any traverse of that which is set forth in the Bar which cannot be good But if the Plaintiff had shewed in his Replication Lex forestae talis est then the Prescription of the Defendant had been answered without any more for none can prescribe against a Statute Exception was taken to the Bar because the Defendant hath justified the cutting down of Oaks without alledging That there was not any Vnderwoods But that Exception was not allowed for he hath his Choice ad libitum suum Another Exception was taken

ad Beneficium Ecclesiasticum pertinet Examinatio ad Judicium Ecclesiasticum 40 E. 3. 25. And see the Statute of 18 Eliz. that Pars gravata in the Case of Maintenance is not tyed to a year And this suit is conceived to be in such Quality being a private grievance to the party himself the King not being party but only the party grieved But where the penalty is expresly given to the King and him that shall sue there all the proceedings ought to be in both their names And Manwood Chief Baron said That this Issue shall be tryed by the Country Which see in the Book of Entries 396. CCCXXVII Owen Morgan's Case Mich. 32 33 Eliz. In the Exchequer OWen Morgan Exhibited an Information upon the Statute of Usury for an usurious Mortgage made and charged the Defendant That Cepit ultra 10 l. in Cl. for the forbearance for one year and that was out of the Issues Rents and Profits which he took in Middlesex of Lands in Glamorganshire in Wales Mortgaged to the Defendant Manwood Chief Baron said That one might take the Rents of Lands in Wales in the County of Middlesex but a Man cannot take the Issues and Profits of the Lands but where the Lands are And Leak 's Case was cited Where an Information was brought for cutting down of Wood and converting it into Coals And Leak the Informer laid the cutting to be in the County where the Wood grew but the Conversion of it into Coals in the County of Middlesex And Manwood said in the principal case That the taking of the Issues and Profits ought to have been layed where the Land was And such was the Opinion of the whole Court. CCCXXVIII Curson's Case Mich. 32 33 Eliz. In the Exchequer CUrson acknowledged a Statute to Starkey 4 Len. 10. Ante 239. Alderman of London and afterwards he acknowledged another Statute to one Hampden who assigned the same to Fitton who assigned the same to the Queen Starkey sued forth Execution upon his Statute and thereupon the Land is extended of Curson and he hath a Liberate of it It was agreed by all the Barons That if Starkey had execution upon the Statute before the Queen his Execution should stand against the Queen and the Queen should not put him out And it was further agreed by them That if A. recovers a Debt in the Common Pleas so as he hath title to sue forth Execution by Elegit and the Defendant sells his Lands and afterwards A. assigns his Execution to the Queen That the Queen should not have prerogative against the Feoffee to have execution of the whole Land. And it was also holden by Manwood Chief Baron That if Execution be had upon a puisne Statute and the same is afterwards avoided by more ancient Statute and afterwards the ancient Statute is satisfied That now the puisne Recognisee may re-enter without suing forth any new Execution CCCXXIX Butler and Lightfoot's Case Mich. 32 33 Eliz. In the Exchquer IN this Case It was holden by the Barons 4 Len. 9. That if Tenant for life be of a Copyhold the Remainder over in Fee to another he in the Remainder may surrender his Estate if there be not any particular Custom to the contrary for the Estate of Tenant for life and him in the remainder are but one Estate and the admittance of the particular Tenant is the admittance also of him in the Remainder CCCXXX Knight and Norton's Case Mich. 32 Eliz. In the Common Pleas. IT was holden in this Case That duress of Imprisonment is not intended but where the party is wrongfully imprisoned until he make the Bond and not where a Man is lawfully imprisoned for another cause and for his delivery he makes a Bond for that is not per duritiam imprisonamenti And if in such Case duresse be pleaded the other may say of his own accord sine duritia imprisonamenti without saying absque hoc that it was per duritiam imprisonamenti And so it was also holden in the Kings Bench. See 4 E. 4. 17. 12 E. 4. 7. CCCXXXI Hungate and Hall's Case Trin. 32 Eliz. In the Exchequer Ante 239. 4 Len. 10. THe Case was Curson acknowledged a Statute to Alderman Starkey and afterwards acknowledged another to Hampdem which was assigned to the Queen Afterwards the Lands of Curson were extended for Starkey and a Liberate thereof It was holden by the Court That the same was a good Execution and that the Queen should not avoid it But if the Land had been extended at the suit of the Queen then the Execution of the Queen should hold place although it were a Statute of a puisne date And by Clark Baron If a Recognizance acknowledged by a Subject be assigned to the Queen It hath been a Question If all the Lands of the Conusor shall be extended or but the moyety as it shall be at the suit of the Conusee himself It was holden That all the Lands should be extended CCCXXXII The Lord Gray's Case Trin. 32 Eliz. In the Exchequer THe Lord Gray Tenant of the King of Lands holden in Capite by Licence of the King made a Feoffment of the Lands in Fee and afterwards levied a Fine for further assurance And upon Process the party came into the Court and shewed this matter And the party was advised by the Court to aver That the said Fine was for further assurance And then upon such averment he should be discharged without any Pardon sued forth for the Fine c. CCCXXXIII Sir Walter Waller's Case Trin. 32 Eliz. In the Exchequer IN Sir Walter Waller's Case It was holden in the Court of Exchequer That a Debt of Record as upon a Iudgment c. could not be attached by the Custom of London 1 Len. 29. And so it was holden in the Case of Sir John Perrot in the Common Pleas. 4 Len. 44. And it was said by Cook That such a debt could not be assigned upon the Statute of Bankrupts CCCXXXIV Sir Brian Tucke's Case Mich. 32 Eliz. In the Exchequer IN this Case It was holden by all the Barons clearly Office of Executors 232. Roll. 920. Savile 40. That the Executor of an Executor should not be charged with a Devastavit made by the Executor of the first Testator no not in the Case of the King because it is a personal wrong only CCCXXXV Fines and the Lord Dacre's Case Mich. 32 Eliz. In the Exchequer THe Case was Tenant in tail Post 261. 4 Len. 97. the Remainder of Lands in chief levyed a Fine of them without Licence of the King and if the Tenants of the Lord Dacres should be charged for the Fine was argued For the Case was That the Lord Dacres was Tenant in tail the Remainder in tail to Philip Fines And it was holden by all the Barons That the Tenants Lands should be discharged But it was holden That if the Conusor had any other Lands within England the Fine might be levyed

it and shall not be put to a Scire facias but if such a Writ be sued forth and not continued but discontinued by a year and a day he shall be put to a Scire facias for it is the negligence of the Plaintiff of not continuing it which within the year and day he may do without Order of the Court but not after the year by any Order of the Court c. CCCXLVI Evans Godfrey and Arnold's Case Mich. 32 Eliz. In the Kings Bench. THe Case was Evans and Godfrey were bail for one Kemp at the suit of Alice Arnold Kemp was condemned and a Capias ad satisfaciend awarded against the Sureties By which process Godfrey was taken and he suggested to the Plaintiff That Evans the other bail was sufficient to satisfie him but that he himself was not sufficient but utterly unable to do it Vpon which surmise the Plaintiff was content that Godfrey should go at liberty so as he did procure Evans to be arrested who did it accordingly And now Evans being arrested sued an Audita Querela upon that Escape of Godfrey and they were at Issue upon the Escape And afterwards It was espied That the Venire facias was to summon 12 in Actione Transgressionis super Casum whereas it should be in Audita Querela It was said by Kemp Secondary That the Venire facias upon every Original Writ in this Court as this Audita Querela is ought to contain in it the Issue But when the suit is upon a Bill then the words are ad recognoscend in Actione Transgressionis super Casum And afterwards by the Advice of the Court a Iuror was withdrawn by Assent and so the matter was stayed CCCXLVII Cheney's Case Mich. 32 Eliz. In the Exchequer NOte by the Barons in this Case If Rent-Corn be reserved upon a Lease for years Roll. 591. and it is behind for 2 or 3 years That the Lessor may have Debt for the Corn and shall make his Declaration of so much Corn and the same shall be in the Detinet but yet he shall not have Iudgment to have Corn but so much Mony as the Corn was worth every several year being accounted Clark Baron doubted If he should recover the price of the Corn as Corn was at the time of the Contract or according to the price which it was at the time when it was payable or as it was at the time of the Action brought Manwood The Law is clear That the Lessee shall pay according to the price which was at the time of the payment and delivery limited by the Lease Clark A. is bound to deliver to the Obligee 10 Bushells of Wheat and no place is limited where the payment shall be made the Obligor is not bounden to seek the other party wheresoever as in case of paymene of Mony For the importableness of it shall excuse him Which Manwood granted CCCXLVIII Philip Fines and the Lord Dacre's Case Mich. 32 Eliz. In the Exchequer THe Case was Tenant in tail of Lands 4 Len. 97. Ante 241. the Remainder in Chief levied a Fine without the Kings Licence And If the Tenants of the Lord Dacres should be chargeable by the Fine For the Case was that the Lord Dacres was Tenant in tail the Remainder in tail to Philip Fines was the Question It was holden by the Barons That the Tenants should be discharged But it was holden That if the Conusor had any other Land within England the Fine might be levied thereof But the Question was If the Tenants shall be put to plead in discharge of that which would be a great charge or should be discharged without plea because it appeareth by Record that he who aliened was but Tenant in tail in Remainder For there was an Office of it which was pleaded by another in another cause It was said Where such matter appeareth of Record as by Office Livery c. there he need not to plead such matter in discharge because the pleading of the same is to no other purpose but to satisfie the Court by a Record that the matter is so as the party in his discharge hath alledged And therefore In this Case the Barons gave Order That the Process against the Tenants of the Lord Dacres should be discharged CCCXLIX Hill. 32 Eliz. In the Court of Wards THe Case was A. gave Land to B. in tail rendring Rent B. suffered a Common Recovery with voucher unto the use of a stranger and his Heirs It was the Opinion of some That the Rent remained And it was resembled to Littleton's Case 231 232. Lord Mesne and Tenant The Lord purchaseth the Tenancy now the Mesnalty is extinct yet he who was the Mesne shall have the surplusage of the Rent of the Lord now Tenant of the Land as a Rent distrainable of common right And it was said by Heskith late Attorny of the Court of Wards That it was lately the Case of the Lord De la Ware That in such case notwithstanding such Common Recovery the Donor should have the Rent although that his Reversion was gone But Cook was of Opinion That the Rent was gone For the Rent was incident to the Reversion and there is not any question but that the Reversion is gone CCCL Gardiner and the Hundred of Reading's Case Mich. 32 Eliz. In the Common Pleas. ANdrew Gardiner brought an Action upon the Statute of Winton of Hue and Cry against the Inhabitants of the Hundred of Reading in the County of Berks and declared of a Robbery committed by persons unknown on his House It was the clear Opinion of the whole Court That the Action would not lie For that this Offence is not properly a Robbery intended by the said Statute to be pursued but rather a Burglary And Robberies committed in the High-way only are relieved within this Statute And by Anderson Every Man is bounden to guard his House at his peril for his own safety CCCLI Mich. 32 Eliz. In the Common Pleas. IN a Replevin The Defendant made Conusans as Bailiff to Greves and Rockwood and said That one A. was seised and 6 Eliz. enfeoffed certain persons in Fee to the use of his last Will By which he willed That his Feoffees should stand seised of the said Lands until Greves had levied of the profits thereof 100 l. And against this Conusans It was Objected That here is no Devise For A. at the time of the Devise had not any Feoffees But the Exception was disallowed by the Court. And they cited the Case 15 Eliz. Dyer 323. Lingen's Case A. made a Feoffment in Fee to his use and afterwards devised That his Feoffees should be seised to the use of his Daughter that the same was a good Devise of the Land. See 29 H. 8. Br. tit Devise 48. CCCLII. Hambleden and Hambleden's Case Mich. 32 Eliz. In the Common Pleas. 1 Len. 166. 3 Cro. 163. 1 And. 38. NOte The Case of Hambleden and Hambleden For the principal Case see Mich. 31

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.

Lease cont of Lands proper to the Dean only B. 176. Debt For foreign Mony may be demanded either by Foreign or English Names A. 41. Upon a Recognizance in nature of a Statute A. 52. B. 14. Upon a void Award is good if the Defendant do not shew that part that makes it void A. 72 73. For a nomine poenae A. 110. For a pain set in a Court Leet A. 203 204 217 218. Upon the words Covenant and Grant lieth A. 208. Where it lies before the last day of payment A. 208. For the surplusage of an Account A. 219. Lies by an Administrator against an Executor for Arrearages of an Annuity A. 224 225. Lies upon a Recognizance made before the Mayor of London A. 284. If Debt lies by the Grantee of a Rent reserved by a Lease to which Grant the Lessee attorned A. 315. Under 40 s. in the Kings Bench for Costs in a Hundred Court A. 316. Against an Heir shall be in the Debet Detinet B. 11. Debt lies upon a Judgment or Recognizance although the Plaintiff have Judgment upon a Scire Facias B. 14. For Rent lies although in the Declaration it be alledged that he entred before the commencement of his Lease B. 98. Lies for the Grantee of Post-Fines and for a Nomine poenae by the Heir B. 179. cont A. 249 250. This Action lies not but where a certain sum is agreed on C. 161. Against Baron and Feme for a Debt of the Feme must be in the Debet Detinet C. 206. For Corn in the Detin●t and the Plaintiff shall recover the value of the Corn C. 260. Deed. Where the Habend ' may controul the Premisses A. 11 281 318. B. 105. What is a good delivery thereof what not A. 140 152. If a primo deliberat ' or non est factum may be pleaded of a Deed enrolled A. 183 184 C. 175 176. Where in the Premisses of the Deed two things are granted Habend ' the one for years what Estate the Grantee hath A. 281 282. Raisure of a Deed does not avoid it if it be in a part not prejudicial to the party who would avoid it A. 282. Indenture between A. of one part and B. and C. his Wife and their Children A. 287 288. Must be pleaded sealed and delivered or by words tantamount A. 310. In Indentures the intention of the parties may be argued Deeds Poll shall be taken strongest against the Grantor A. 318. B. 47 192. None can take by Indenture but those who are party to it A. 287 288. B. 1. C. 34. The effect and meaning of them regarded where the words are doubtful B. 17 219 151. Where a Deed may have quasi two deliveries B. 192. A Deed once perfectly executed as by enrolment c. cannot pass any thing by Livery C. 16 125. Actual indenting and both parties Seals mentioned to be put makes an Indenture C. 16. Where a Deed in the Premisses leaseth Lands to one Habendum to his Executors and Assigns for 40 years what Estate the Lessee hath C. 32 33 34. The date of a Deed not material C. 100. Demand See Request The King need not demand a Rent to avoid a Lease A. 12. B. 134. C. 125. A Legacy not payable without demand A. 17. Rent payable at Michaelmas or within the space of 12 days prox post aliquod festorum vel dierum when it is demandable A. 142. The difference of demand in a Writ De advocatione duarum partium Ecclesiae duabus partibus Advoc Ecclesiae A. 169. What is demandable in a Writ of Entry A. 169 170. Whether demand at one day for Rent due several days before be good A. 190 191 305. Whether a sum in gross must be demanded as Rent A. 269. The manner to make a demand of a Rent A. 305. He who demands Rent as Attorny need not tell his name nor shew his authority C. 224. Demurrer To Evidence in Ejectione Firme A. 269. All matters well pleaded are confessed by Demurrer C. 200. Upon Demurrer to a Challenge there neeeds no Serjeants hands C. 222. Departure What is what is not A. 32. Count of a Lease without Deed no Departure by Replication to say the Lease was made by Deed A. 156 204. C. 203. Ejec vers 5. One pleads to the Issue the others plead specially no Departure for the Plaintiff to deduce a Title to himself and say that he was seised until by the 4 disseised B. 199. First to make a Title by Common Law and reply a Custom to uphold it is a Departure C. 40. Devastavit What Sheriff may retorn it and what Sheriff is estopped to retorn it B. 67. C. 2. If Executors release a forfeited Bond of 100 l. and receive only 50 l. the whole is Assets C. 53. It is a personal Tort and the Executors of the Executors shall not be chargeable with the first Executors Devastavit C. 241. Devise See Legacy That Executors shall sell Lands who sell by Fine A. 31. C. 119. If such Executors may ●ell by parcels A. 34 60 260. The construction of an Habendum in a Devise A. 57 58. What shall be a Devise in tail for life or in see A. 57 58. B. 69. C. 55. That his Son and an Executor shall take the profits until another comes of Age gives the Son see A. 101. C. 55. To the discretion of the Devisee A. 156 224 283. B. 69. That Executors shall sell a Reversion who sell by Parol yet good and the Devisee is in by the Will A. 148. C. 119. To three Sons and if any die the Survivor to be his Heir how adjudged A. 166 258 259. C. 262. All my Lands and Tenements if it passeth a Reversion after a Lease for life A. 180 181. If by the Stat. of Wills an Estate pur auter vy may be devised A. 252. A Use may be raised by Devise and the Consideration is presumed by Law A. 254 257. If the Devisee die in the life of the Devisor the Heir of the Devisee shall take nothing A. 254. Of Capite Land and Soccage A 267. B. 41 42. C. 267. Vide the Statutes 32 34 H. 8. To A. if she do not Marry Remainder in tail A. 283. That if my Son A. die without Issue that then my Sons in Law shall sell how adj A. having a Son who dies without Issue A. 285 286. Feoffment to the Uses in his Will which deviseth that his Feoffees shall be seised to Uses a good Devise A. 313. That Lessee for years shall hold after the Devisors death for 30 years accounting the Remainder of the first Term how adj B. 33 34. Devise to A. may be helped by Averment B 35. C. 79. To the Father and his eldest Issue Male B. 35. Things individual cannot be devised within the Statute of Wills If part be Soccage and part Capite B. 41 42. That his Lands shall be sold for payment of his Debts the Executor shall sell 43 220. Devise that his

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-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

lies immediately upon a Recognizance in Chancery B. 84 to 89 220. If Debt lies upon it before or after Judgment upon the Scire facias B. 84 to 88 220. Debt brought upon a Recognizance but non constat where it was acknowledged C. 58. Record Of an Assise brought into the Common Bench by Error how to be remanded to the Judges of Assise for Error lies not in C. B. A. 55. Pleading of a Record in the same Court A. 63 65. Where and for whom Averment lieth against a Record A. 183 184. Removed by a vicious Writ of Error or before Judgment given the Record is still in the first Court B. 1 2. A Recordatur made per Car. of a Record mistaken B. 120. Recovery The form thereof where the Vouchee comes in by Attorny A. 86. Against an Infant per Gardianum A. 211. A Recovery by one Joynt-Tenant binds only his own moiety A. 270. The execution thereof necessary in some cases B. 48. By Estoppel B. 57. Recoveror is seised to the use of him who suffers it until other Uses are limited B. 63 64 66. See Stat. 21 H. 8. who may falsify a Recovery For what reasons Recoveries do dock remainders after an Estate tall B. 66. Recovery to the intent that the Recoverors shall make Estates if such Estates be not made in convenient time in whom the Freehold is B. 216 217 218. What issue is bound thereby per Stat. 32 H. 8. B. 224. Recouper If the Lessor covenant to repair the House and do not Lessee may do it and recouper out of his Rent A. 237. Recusant If Copyhold Lands were liable to seisure for Recusancy before the Stat. 35 Eliz. 2. A. 98 99. Within what time Action upon the Stat. 23 El. 1. must be brought A. 239. The Indictment needs not name the offender of a Parish but a Vill B. 167. Redisseisin Whether the Plaintiff may have it after Entry the Judgment therein A. 69. Relation Of a Participle of the present Tense without the word adtunc A. 61 172. Of an Attornment A. 265 266. B. 222. Of words in an Indictment B. 5. Of a Deed enrolled to vest Lands in the King B. 206 207. Of agreement to a Disseisin Feoffment c. B. 223. Release Where a Covenant in the same Deed shall release other part of the same Deed A. 117. C. 113. Of a chose en action nihil operatur A. 167. C. 256. If an Heir release to the Disseisor and after his Ancestor dies it does not bind the Heir B. 47 56 57. A promise may be released by Parol B. 76. See where a release to a Stranger may discharge a Bond C. 45. Release of Covenants before any broken discharges the Bond for performance C. 69. To what Tenant in possession it is available C. 152 153. One Grantee of a prochein avoidance cannot release to his Companion A. 167. C. 256. Relief The Heir of one Coparcener shall pay none because it is an intire thing C. 13. Remainder and Reversion In Fee after a Lease for life where not discontinued by a Fine levied by Tenant for life A. 40. Cannot vest in the right Heirs of one in the Feoffors life unless it begin first in the Feoffor A. 101 102. Where an Estate shall vest as a remainder where as a reversion A. 182. B. 33 34. A Reversion after an Estate for life passeth by Devise of all Lands and Tenements A. 180 181. When a Remainder limited upon an Estate which is void as a Gift to a Monk for life remainder over shall take effect A. 195 196 197. Lease for nine years determinable upon death of the Lessee and if he die within the Term the remainder of the Term to his Wife a void remainder A. 218. The difference between a remainder limited upon a contingency which may never happen and one that must and will happen A. 244. B. 82 83. Devise to J.S. haered to Uses in tail after the Estate tail spent The Devisor shall have the fee A. 254. If one of two Disseisees release to one of two Disseisors and the Tenant who released not do enter the Reversion is revested pro toto A. 264. If a remainder may be limited upon a Condition A. 283. Feoffment to J.S. primogenito filio suo If the Son be born after the Feoffment he shall take by remainder B 15. If the remainder of a Term for years be good B. 69. C. 110 111 197 199. Remainder executed by moieties upon a Gift to a Feme for life remainder to their Heirs C. 4. Grantee of a Reversion shall recover Damages only for breach of Covenant made since the Grant C. 51. What acts as Extents Grants c. do take a Reversion forth of him that had it C. 156. Remitter Where it shall be A. 6 7 37. C. 93 94. Tenant in tail creates a new intail upon condition which his issue breaks yet he is remitted after his Fathers death A. 91. Land given to Husband and Wife in tail before Marriage and the Baron aliens and takes back an Estate to him and his Wife for life both are remitted A. 115. C. 93 94. The Father enfeoffs the Heir who never agrees and dies the Heir is remitted B. 73. Father enfeoffs his younger Son who dies his Wife priviment enseint of a Son the elder Son enters he is remitted Quaere C. 2. If one may be remitted against a Warranty C. 10. Waived by the Wife who was Tenant in tail with her Husband her payment of Rent which was reserved upon a Devise C. 272. Rent What is a Rent what a sum in gross A. 137 138 269 333 334. C. 103. Rent reserved by a Lease for years becomes seck if it be granted over A. 315. Divers ways of suspending Rents and how they are revived 334. To what remainder or reversion it shall be incident B. 33 34. If a Rent may be divided to equal a devise of Soccage and Capite Lands B. 42 43. Shall follow the Reversion although reserved to Executors B. 214. Contrary to a sum reserved to Executors upon a Mortgage of Land C. 103. Rent payable at two Feasts is to be paid by equal portions C. 235. By destroying a Reversion a Rent which followed it is extinguished C. 261. Repleader None after Demurrer A. 79. After an unapt issue A. 90. Replevin and Avowry Avowry for Rent reserved upon a Feoffment in fee and for sult of Court A. 13. Bar by non Cepit and what is good evidence therein A. 42. By property in a Stranger Ibid. Where the Plaintiff or Avowant may vary from the number of the Cattle A. 43. Plaintiff cannot discontinue without leave of the Court A. 105. Avowry for Damage Feasant in Customary Lands leased to the Avowant A. 288. Avowry by the Stat. 21 H. 8. cap. 19. A. 301. Avowry for a Leet Fee B. 74. Bar to an Avowry made by a Bailiff that he took the Cattle de injuria c. and traverse that he took them as Baily B. 215.

68. Who shall have the priviledge of the Exchequer and who not B. 146. Where the priviledge of Attornies of the Courts in Westminster is preferred before a Custom of London B. 156 166 167. How the Warden of the Fleet must be sued in the Common Pleas B. 173. No priviledge by Writ out of the Exchequer for one of the Kings Houshold C. 223. Prohibition For that the party hath remedy by the Common Law A. 10. Prohibition as to part Quatenus non agatur c. A. 20. To the Spiritual Court upon suit there for a Legacy suggesting that the Testator was indebted to the Executor Ibid. Lies not upon surmise that Mony ought to be paid to the Parish Clark in lieu of Tithes A. 94. Lies not where the doubt is only Cui solvendae A. 94 128. C. 203. It seemeth the contrary C. 265 Lies not upon surmise that the Parson hath used to take the Corn growing upon every tenth Land for the Custom is unreasonable A. 99 100. Cont. B. 70. Attachment sur Prohibiton upon the Parsons Libelling de novo for the same cause A. 111. In Attachment sur Prohibition it is Error if the Count vary from the Suggestion A. 128. Upon a Suit in Court Christian for not bringing in an Inventory A. 129. For the Plaintiff in Court Christian to stay the adjudging of Costs there against him A. 130. Where Prohibition lies and upon what composition with the Owner or Rector A. 23 151. B. 29 73. C. 257. If the suggestion be apparently vicious the Court does over-rule it and not put the Defendant to demur A. 181. To stay a Suit for a Legacy given in satisfaction of Dower upon a mutual Agreement A. 235 236. Lies upon suggestion that the Lands are discharged as they were in the hands of a Prior c. A. 240 241 331 332. Consultation quoad part of a Legacy and quod non agatur de validitate facti A. 278. Lies against the Kings Farmor A. 286. Prohibition must be several if the Libels be several Ibid. The suggestion may be given into Court by Attorny Ibid. Lies upon surmise that there not being sufficient Herbage for the Cattle of the Plough the Owners have used to depasture in green Tares Tithe-free B. 27 28. Consultation granted to the Spiritual Court for calling one Witch and Inchantress B. 53. Lies upon surmise that the Owners have used to have the Hay on the Balks for cutting down the Corn B. 70. Lies upon surmise that the Lands where the Cistertians and the Plaintiff is immediate Farmer to the King B. 71. Upon refusal of a Plea in Court Christian B. 101. If the Spiritual Court call in question the right of Presentation Prohibition lies B. 168. If Prohibition lies upon surmise that the Parson who sues for Tithes is deprived B. 212 213. Prohibition granted for that the Spiritual Court refused to take a Plea that the Plaintiff there was not Incumbent C. 265. Proof Where an Act is to be done upon proof generally how it must be done and when A. 256. B. 215. What suggestions must be proved per Stat. 2 H. 6. B. 212 213. C. 257. Property What kind of property the Lessee hath in the Trees A. 49. What bailment shall alter the property of Goods what not B. 30 31. C. 38. If the property of a Deer be lost by his going forth of the Park B. 201. C. 219. What property one hath in a Greyhound Conies c. C. 219. Protection In Debt Quia in obsequio Regis A. 185. Quia profecturus with the Kings Officer into Scotland C. 20. Q. Quando duo Jura concurr in uno aequum est ac si essent in diversis If one Man be Coroner of Middlesex and of the Verge if he may take an Inquisition per Stat. Artic. super cart cap. 3. Where a thing is to be done by a Bishop and a Judge and one is both if c. B. 160. Quare Impedit See Stat. 25 E. 3. 7. Bar by a Bishop for Lapse A. 31. Against whom it must be brought A. 45. Brought by the Queen for that the Patron is Utlawed A. 139 201. If the King shall recover Damages post tempus Semestre per W. 2. cap. 5. A. 149 150. Where the Seisin in Gross Appendency or the Presentation are traversable A. 154. For Executors and the form thereof A. 205. Of what it lies Ibid. What Presentments shall put the King to his Droit de Advowson what not A. 226. C. 17 18. The difference between a Collection and Presentment as to making a Plenarty A. 226. Plenarty no Plea against the King Ibid. What is good cause for the Bishop to refuse a Clerk A. 230. What makes a disturbance in the Bishop A. 230. Tenant for life need not Count of a Presentment in the Tenant in Fee-simple Ibid. The Patron must not of necessity be named in the Writ B. 58. In what case a Jure Patronatus lies B. 168. If the Ordinary be not at leisure to examine the Clerk and the Clerk comes again ten days after and in the interim the Lapse incurs C. 46 47. Whosoever be admitted pendente placito unless by the Title of one paramount the Plaintiffs Title must be removed C. 138 139. If the Plaintiff claim to present by turn if he must shew how the Estate commenced C. 163 164. If the Bishop pleads that he claims nothing but as Ordinary if he must joyn in a Writ of Error C. 176. If the Ordinary refuse a Clerk he must make a certain retorn of the Cause C. 199 200. Quid Iuris clamat See Attornment If the Tenant may appear by Attorny or must do it in person A. 290 291. Attornment thereupon saving his Term for years B. 6. C. 22. What execution is awarded thereupon to force the Defendant to attorn B. 40. C. 241 242. Who are compellable thereby to attorn A. 290 291. B. 40. C. 241 242. For the Grantee of one Coparcener C. 6. Quo Warranto No plea thereto to say that a Stranger hath such Liberties B. 28 212. The King thereby gains nothing but only redresses an Injury C. 72. Of what Liberties it lies C. 184. How to plead non usurpavit Libertates Ibid. R. Ravishment de Gard. BY the Plaintiff as Prochein Amy A. 111. Recital Mis-recital in a Deed that leads the uses of a Fine C. 135 136. In Articles of Agreement that the Lessor was possessed by lawful Title binds to performance A. 122. Want thereof in the Lease of the King A. 12. Stat. 6 H. 8. 15. A. 12 321. C. 5 6 242 243 244 to 250. A void Lease or one expired needs not be recited in the Kings Grant C. 243 244. Recital in Patents ought to be very strict C. 246 247. No recital necessary where the second Patent determines the first C. 247. Recognizance Cannot be taken by any by prescription A. 131. Upon Recognizance by Custom in London Debt lies only in their own Courts A. 130 131. If a Capias