claims not by the Lessor 1. E 6. B. Acceptance 19. Bishop Leases Land of his Bishoprick for years rendering Rent and dies the Successour accepts the Rent this shall binde him for the Bishop hath a Fee-simple and may have a Writ of Entry Sine assensu capituli otherwise in case of a Parson or Prebend who can have but a Juris utrum 2. E. 6. B. Acceptance 20. If a man be bound in an obligation to pay ten pound to the Obligee at Paris beyond Sea at a certain day if the Obligor pay at another place and the same day in England and the other accepts it t is good clearly 38. H. 8. B. Conditions 206. Acceptance of Rent by the Lord from the disseisor of the Tenant shall not bar him of his escheat otherwise if he had avowed for it in Court of Record c. See Tit. Escheat Action popular Note By the Statute the party which sues an Action Popular ought to sue it within the year after the offence done and not after and this as well of offences done against the Statute then made as against Statutes after to be made so see that it goes to a Statute after made B. Action Popular 6. Action upon the Case If I have a Mill in B. and another makes another Mill there by which I lose my Toll by going of divers to it yet no Action lies otherwise if the Mill disturb the water from coming to my Mill there I shall have an Action upon my Case 24. H. 8. B. Action upon the Case 42. the end In an Action upon the Case where the Plaintiff delivers goods to the Defendant and the Defendant for ten shillings promises to keep them safe and does not to the dammage c. And by Fitzherbert and Shelly Justices Non habuit ex deliberac ' is a good Plea 26. H. 8. B. Action upon the Case 103. Note in an Action upon the Case betwixt Awsten Plaintiff and Thomas Lewis Defendant for calling him false and perjured he justifies because that the Plaintiff was perjured in the Star-chamber in such a matter c. and a good Plea by the Court. 28. H. 8. B. Action upon the Case 3. more of this in the next Action upon the Case for calling the Plaintiff false perjured man the Defendant justifies that such a day and year in the Starchamber the Plaintiff was perjured and pleaded certain in what c. for which he called him false perjured man as afore as t was lawful for him and a good Plea by the Court in the Common Bench. Wherefore the Plaintiff said of his own wrong without that he swore in manner and form c. 30. H. 8. B. Action upon the Case 104. If a man bring debt of 10. l. the Defendant wages his Law and after the Plaintiff brings an Action upon the Case against the same Defendant that he promised to pay the 10. l. c. The Defendant may plead that for the same summ the Plaintiff brought before an Action of Debt in which the Defendant waged his Law Judgement if Action And a good Plea for he was once barred of the same summ And in Action upon the Case that the Defendant promised to pay 10. l. to the Plaintiff which he ought to him for a Horse and a Cow the Defendant may say That he promised to pay 10. l. to the Plaintiff which he did owâ— to him for a horse which he bought of him which summ he hath paid to the Plaintiff without that that he promised to pay 10. l. which he did owâ— to the Plaintiff for one Horse and one Cow as c. Or without that that he did owâ— to the Plaintiff 10. l. for a Horse and a Cow as c. 33. H. 8. B. Action upon the Case 105. Action upon the Case for that the Defendant found the Goods of the Plaintiff and delivered them to persons unknown there that he did not deliver them in manner and form is no plea without saying not guilty where the thing rests in doing And if the Action were That whereas the Plaintiff was possessed c. as of his proper goods and the Defendant found them and converted them to his proper use t is no Plea that the Plaintiff was not possessed as of his proper Goods but he shall say not guilty to the misdemeanour and shall give in evidence that they were not the goods of the Plaintiff and yet t is true not guilty against him 33. H. 8. B. Action upon the Case 109. In an Action upon the Case that the Goods of the Plaintiff came to the hands of the Defendant and he wasted them the Defendant saies that they came not to his hands c. and a good Plea and gives in evidence that they were not the proper goods of the Plaintiff 34. H. 8. B. Action upon the Case 103. the end Action upon the Case was brought in London by A. B. that whereas he was possessed of certain wine and other stuff and shews in certain in such a ship to the value c. and doth not shew the place certain where he was thereof possessed and yet good And alledged that the Defendant such a day year and place in London promised for 10. l. That if the said ship and Goods did not come safe to London and put upon the Land that then he would satisfie to the Plaintiff 100. l. and that after the ship was robbed upon the Trade on the Sea for which he brought the action for not satisfying and the truth was that the bargain was made beyond sea and not in London But in an action upon the Case upon an Assumpsit and the like which is not local the place is not material no more then in debt for he alledged that the said goods in the parish of S. Dunstons in the East London before they were set to land or c. were carried away by persons unknown c. and the action lies well in London though they were perished upon the high sea 34. H. 8. B. Action upon the Case 107. 'T was agreed That an Action upon the Case doth not lie against the Executors upon the Assumpsit of the Testator though they have assets 37. H. 8. B. Action upon the Case 4. the end In an Action upon the Case for a thing which lies in Feasans as for burning of Goods or Deeds and the like not guilty is a good plea contrary for non Feasons of a thing which he ought to do as to make or repair a Bridge House Park Pale scouring a Ditch and the like and doth it not there not guilty is no plea. 2. E. 6. B. Action upon the Case III. Action upon the Case for calling the Plaintiff false Justice of Peace vel his similia these words his similia were ordered to be struck out of the book by the Court for the incertainty 4. E. 6. B. Action upon the case 112. Action upon
Kings Bench would have amended it 23. H. 8. B. Amendment 85. the end Note That where a Warrant of Attorney varied from the name of the Corporation of the party and a Writ of Error was brought to those of the Common Bench they amended it presently and they said that those of the Kings Bench would have done the like 24. H. 8. B. Amendment 47. Note t was agreed by the Kings learned Councel That the King may amend his Declaration in another Term in omission and the like as where an information misrecites the Statute this may be amended for misrecital is the cause of Demurrer for if it be misrecited then there is no such Statute but he cannot alter the matter and change it utterly yet the same Term he may 4 Eliz Com. 243. by Weston 30. H. 8. B. Amendment 80. Appeal Note by the Justices of both Benches a man shall not have the plea in an appeal That the dead assaulted him and that he killed him in his defence but shall plead not guilty in manner and form and shall give this matter in evidence and the Jurie is bound to take notice of it and if they finde it he shall go acquitted in form aforesaid Nor he shall not have this for plea with a traverse of the murther for the matter of the plea is murther Nor murther cannot be justified and when the matter of the plea is worth nothing there a traverse the like B. Appeal 122. Corone 1. the end And where the Jury acquits the Defendant upon an Indictment before the Coroners they ought to finde that he killed the man and there they may say That the same Defendant killed him se defendendo but upon an Indictment before other Justices it suffices to say not guilty only without more 37. H. 8. B. Appeal 122 The Heir of a man killed shall have an appeal as well of Homicide of his ancestor as of Murther 2. E. 6. B. Appeal 124. Note if a woman who hath Title of an appeal of the death of her husband takes another husband he and the wife shall not have an appeal for the woman ought to have it sole for the cause of an appeal is that she wants her husband and the reason is because the wife wanting a husband is not so well able to live and therefore when shee hath another husband the appeal is determined for the cause ceasing the effect ceases B. Appeal 109. as where a woman hath a Quarentine and she marries within the 40. daies shee loses her Quarentine 1. Mar. 1. B. Appeal 109. Dower 101 Appeal of death may be commenced before the Coroner and Proces awarded to the Exigent but the plea shall not be determined before him Reading 113. B. Appeal 62. the end Corone 82. Apportionment T is said that if I sell my Horse and the Horse of W. N. to A. for ten pound and W. N. retakes his Horse that A. shall render to me the entire ten pound because a Chattel cannot upon a contract be apportioned 30. H. 8. B. apportionment 7. If the Kings Tenant of four acres alien one to the King Or if he hath two Daughters and dies and the one aliens to the King the Rent shall be apportioned if it be severable and this by the Common Law by some Quaere for the reading of Fitzjames is otherwise 32. H. 8. B. apportionment 23. Before the Statute of Quia emptores terrarum if the Lord had purchased parcel of the land holden of him his entire Rent was extinct though t was severable Yet now by the said Statute it shall be apportioned be it purchased by the Lord or by another But this doth not help a Rent Charge because the Statute is onely for the loss of the chief Lord. But of a Rent service upon recovery of parcel or of a discent of parcel and the like which are the acts of God or of the Law there was an apportionment at the Common Law contrary of his proper act as purchase because before the Stat. aforesaid it was of a rent service as t is at this day of a Rent charge which is extinct by purchase of parcel of the Land Reading B. Apportionment 28. Arbitrement Debt upon an Obligation the Defendant pleads the Condition if he shall stand to the award of I. and N. so that the award be made before such a day and saies that the award was not made by the day the Plaintiff may say That they made such an award before the day which the Defendant in such a point and shew in certain in what hath broken for he must shew the breach in some point certain otherwise the action lies not 31. H. 8. B. Arbitrement 42. Assets inter maines Assets in their hands See Tit. Extinguishment Note if Executors plead fully administred in an action of Debt and give in evidence payment of Legacies the Plaintiff may demur upon it for such administration is not allowable in Law before debts paid 33. H. 8. B. Assets inter maines 10. Where a perquisite of a Villain shall be Assets See Tit. Villeinage Assets per discent Assets by discent In an action of Debt against an Heir upon an obligation of his ancestor who pleaded nothing by discent and t was found that Land discended to him but not assets t was adjudged that the Plaintiff should have Execution of all his Lands as well of Land purchased as of Land discended and B. seems the reason to be for his false plea. 3. Mar. 1. B. Assets per discent 5. in the end Assignee A man Leases a house and Land for years and the Lessee Covenants that he and his Assignes will repair the house and after the Lessee grants over his Term and the assignee doth not repair an action of Covenant lies against the assignee for this is a Covenant which runs with the land B. Covenant 32. Deputy 16. and also it lies clearly against the Lessee after that he hath assigned over his Term and B. seems that if he bring several Writs of Covenant against both that there is no remedy till he takes execution against the one and then it seems to him that if he sues against the other he shall have an Audita Querela 25. H. 8. B. Covenant 32. Assise Assise the Tenant pleads not attached by fifteen daies the Bayliff was examined who said that he attached him by the horse of a Farmor which was a Termor to the Tenant of the land in plaint which matter was recorded and B. seems that t is no good attachment for the Tenant cannot forfeit the beasts of his Farmor and an attachment ought to be made of such things which the Tenant may forfeit by Outlary Note between Dudly and Leveson for the Mannor of Parton in the County of Stafford 31. H. 8. B. Assise 480. Note by the Justices in the Common Bench That in an assise against two the one takes the
barre the demandant by which the demandant recovers and the tenant over in value that this land recovered in value shall not go to me in reversion after the death of the tenant for life nor the reversion of the land recovered in value shall not be in me in the life of tenant for life and so 't is holden at this day 25. H. 8. B. Recovery in value 33. Note by some where a writ of entry in the Post is brought against a husband and wife where the wifis tenant in taile and they vouch overe and so the demandant recovers against the husband and wife and they over in value if the wife tenant in taile dyes and the husband survives this shall not bind the issue in taile for the recompence shall go to the survivor and then it shall not bind the issue in taile Yet B. seems that this opinion is not law for the recompence shall go as the first land which was recovered should go And voucher by husband and wife shall be intended for the interest of the wife 25. H. 8. B. Recovery in value 27. the end Tenant for life the remainder over or tenant in taile the remainder over is impleaded by a writ of entry in the Post and he vouches a stranger the demandant recovers against the tenant and the tenant over in value this shall bind him in remainder by Monntague Just. and others for the recompence shall go to him in remainder But yet in the case of the Lord Zouch and Stowell in the Chancery the law was determined otherwise by all the Justices B. seems the reason because that when he vouches a stranger the recompence shall not go to him in remainder contrary if he vouches the donor or his heir who is privy But after this day many put inâ—ure to bind the remainder 27. H. 8. B. Recovery in value 28. Recovery against Feoffees seised to use in tailes See Tit Feoffements to uses 'T is held that where tenant for life is the remainder over in tail or for life and the tenant for life is impleaded and vouches him in remainder who vouches over one who hath title of Formedon and so the recovery passes by voucher there the issue of him who hath title of Formedon may bring his Formedon and recover against the tenant for life for the recompence supposed shall not go to the tenant for life and therefore he may recover for his ancestor warranted but the remainder and not the estate for terme of life and therefore the tenant for life cannot bind him by the recovery for he did not warrant to him And therefore in such case the sure way is to make the tenant for life to pray in aide of him in remainder and they to joyn and vouch him who hath title of Formedon and so to passe the recovery for there the recompence shall go to both 30. H. 8. B. Recovery in value 30. 'T was agreed that if tenant in taile the reversion to the King suffers a recovery this shall bind him and his issue but not the King by the common law See now the Statute of thereof that it shall not bind the issue 33. H. 8. B. Recovery in value 31. Taile 41. the end Relation Where an office found for the King shall relate where not See Tit. Intrusion Of the Relation of an Act of Parliament See Tit. Parliament Note that the attainder of Treason by Act of Parliament shall not have elder relation then to the first day of the Parliament except it be by speciall words that he shall forfeit his lands that he had such a day and after 35. H. 8. B. Relation 43. 'T is held for good Law that by attainder of felony by verdict a man shall forfeit all his lands that he had the day of his felony done or ever after for this shall have relation to the Act contra upon an attainder by out lawry For B. seems there that he shall not forfeit but those which he had the time of the outlawry pronounced or after for outlawry hath not relation as a verdict hath Time H. 8. B. Relation 42. the end Relation of an Inrolment See Tit. Faitz inrol Releases Husband and wife purchase in fee and after they lease for years by Indenture and after the husband releases to the lessee and his heirs this is no discontinuance and yet this gives a freehold to the lessee during the life of the husband Per plures without doubt 29. H. 8. B. Releases 81. G. Chancery was possessed of an Indenture and lost it and I. S. found it to whom the said G. C. released all actions and demands and after the said I. S. gave the same Indentrue to John Tison and after the said G. C. brought in action of detinue against the said I. T. who pleaded that the said I. S. found the Indenture and that the said G. C. released to the said I. S. all actions and demandes and after the said I. S. gave the said Indenture to the said I. T. Judgment if action And t' was agreed in the common Bench the case being of land demanded ibidem that this is a good barre and that the release of all demandes shall exclude the party of seisure of the thing and of his entry into the land and of the property of the chattell which he had before And it was moved in the Kings bench and they were of the same opinion and said that the reason is because that entry in land and seisure of goods are demandes in Law 34. H. 8. B. Releases 90. Relief See Tit. Debt Remainder See Tit. Discent Remitter No Remitter against an Act of Parliament See Tit. Parliament Note a Per curiam if Tenant in Taile makes a Feoffement to his use in Fee before the statute of uses made 27. H. 8. and dyes before the said Statâ—te his heir within age and after the Statute is made before the full age of the heir by which the heir is in possession by the Statute he shall not be remitted by it Contrary of a discent after the Satute for this shall be a remitter 34. H. 8. B. Remitter 49 If a man hath a Tittle of entry and not a right of entry as by escheat mortâ—maine assent by a woman to a ravishoâ—â— and the like and takes an estate of thâ— terretenant he shall not be remited for he hath but a Tittle And a maâ— cannot be remitted but in respect oâ— a right before as where a man is diâ—seised and takes an estate of the disseisor he is remitted for he had a right of entry before And the same Law where a man decaies his Tenements or converts Land from tillage into pasture against the Statute and makes an estate for life to his Lord he shall have no other estate for he had but a Title of entry and not a right of entry Quaere for Non adjudicatur 34. H. 8. B.
ancestors death ib Writ of ward without seisen infra tempus memoriae Tenure traversable 156 No seisen and yet ward 157 Assent and dissent to marriage ib Divorce ib Ordinary ib Warde and marriage 158 Tenure ib Two Joyntenants and the heir of the one in ward living the other ib Garranties Warranties 159 Collateral warranty ib Coverture shall not avoide a collateral warranty upon a discontinuance ib Warranty without heirs 160 Warranty to rebut but not to vouch ib General writ 161 General issue ib Things to be pleaded and not given in evidence ib Command ib Common ib Rent 162 Licence ib Lease for yeers and at will diversity ib Manumission in deed and in Law diversity ib Not escaped pleaded and not arrested given in evidence 163 Grants 164 Office of charge and of profit diversity ib Ousting the officers ib Quere 166 Grant void for incertainty 137 Diversity betwixt grant and devise ib Quere ib Lease for life and four yeers over ib What shall pass by grant of lands and tenements or omnes firmas ib Ejectione Firme bi HARIOTS 138 HAriot custome and service diversity ib Detinue ib Heresie 138 Where a writ de haeret comburend shall issue where not ib Abjuration 139 Diversity ib Homage see Tit-Fealty 139 IDEOT 1â—0 IDeot and unthrift diversiverty ib Imprisonment 140 Incident 140 Court Baron incident to a mannor Pipowders to a Faire ib Grants 141 Recovery of a rent service good titie to homage and fealty ib Indictments 141 Indictment of death and poysoning ib Justice indicted ib Diversity ib Alter trespas in felony ib Intrusion 142 Relation of an office diversity ib Where pardon of Intrusion excuses the issues livery c. where not ib Diversity 143 Joyntenants 143 Where successive holds place where not ib Habendum ib Reentry by two or against two where the one dyes 144 Journeys accompts 144 Judggment 145 Nonage saves default ib Recovery against an infant by default and by action tried diversity ib Where a man shall be restored to his first action and where he shall have error c. ib Recovery of land in one County which lies in another ib VJew 146 Intendement ib Assise in N. and recovery pâ—eaded in H. ib Condition determined by judgement 147 Judgement given with original ib Issues joynes Issues joyned 148 Action upon the case upon an assumpsit ib Special verdict where the issue is upon an absque hoc ib Americiament ib Issue found in part diversity ib Preignancy ib Issue in wast ib Americiament 149 Issues retornes Issues retorned 159 See Tit. intrusion Debate of tithes betwixt lay persons ib Spiritual Court ib Tryal of a thing ultra mare 150 Jurors 150 Jury took a scroule not delivered to them in Court ib LEET 150 PAin in the Leet for redressing anusance forfeited by presentment ib Where the Lord shal have debt upon a pain in a Leet and where distrain for it 151 Leet of the torne of the Sheriff ib Exposition of a Statute Leases 151 Void lease ib Acceptance by the successor of a Parson upon a lease for years for life diversity ib Lease during a lease 152 House ib Averment ib Lease for life by a Parson and lease for years diversity Lease determined for a time and yet good after ib GardJan in Chivalry nor Lord by escheat shal not ouste the Lessee 153 Lease for life and lease for years after ib Convenit ib Concessit ib Dimisit ib Locavit ib Acceptance of rent by the successor of a Parson 154 Parson shal not have a writ of right ib A man leases for twenty years and after leases for fourty years ib Lease of a Bishop ib Dean 155 Parson ib Prebend ib Confirmation ib Habend after such a lease ended where there is no such lease ib Lease of a Prebend Equity ib Lease for yeers before livery sued 156 Relation of office ib Where the wife shall lose her Dower ib Lease till a hundred pound be paid ib Diversity ib Lease by a Bishop not sacred and by a Bishop deprived diversity ib Confirmation 157 Lease till he hath levyed 20. pound ib Where the one Feast is put before another in a Lease ib Ley gager Law wager ibid Law in detinue of an Indent of Lease ib Law lies not in a Qâ—o minus ib Licences ibid Contra formam collationis 158 Lieu place ibid Scire facias upon a recognisance ib Limitations ib Copyhold 159 Livery ib Where ward because of ward shal not sue livery but ouster l' maine Seiginory revived by suing livery ib Where livery shal be of Dutchy land where not 160 General Livery and special diversity ib Mannor purchased by the King shall be in him as in the grantor ib Livery Primer seisin ib Garde 161 Ouster l'main ib Where a man shall hold of the King as of his person and yet not in Capite Et ècontra ib Extent of Livery and of intrusion diversity ib Attainder of Cestui que use by Parliament and of attainder of a sole Tenant by the Common-law diversity ibid Exposition of a Stat. 162 Livery by the heir during a leas or devise for years ib Where a man shall sue Livery where not ib What is Livery what Ouster l' main 163 Livery of Soccage land ib Tenure of the King in Knights Service and in Capite diversity ib Soccage in capite and Knights service in capite diversity 164 What Livery is ib What Primer seisin ib Livery in Wales and County Palatine ib Primer seisin of cestui que use 165 Will not performed ib MAINPRIZE SVrety upon arrest in London ib Priviledge ib Procedendo ib Revivings ib Where surety upon a Bil in Banco regis is discharged where not ib Repleader ib Power of the Justices of the Gaol delivery 166 Maintenance ib Maintenance by him in remainder or reversion ib Sale where he hath not been seised by a year ib Statute expounded Mannor 167 Making of a Mannor ib Court Baron ib Suitors ib Misnosmer misnamer 168 Statute avoided by misnamer ib Monstrans de faits Shewing of Deeds ib Shewing of Deeds and Records ib Mortdauneester ib â—eoffment to two and the heir of the one ib Mortdauncester ib Discent of reversion Dower ib Forfeiture Feoffment Right ib Mortmain ib When a remainder is granted in Mortmain and when a reversion diversity ib Claim ib Remainder waived Vse ib Appropriation without licence is Mortmain ib Lease for 300 or 400 years is Mortmain ib Otherwise of a covenant for so many years ib 99 or 100 is not Mortmain years ib Mortmain ib Deseisin and discent takes not away the entry of the Lord for Mortmain ib NONABILITIE ib Obligation for usury ib Conclusion ib Non suit King nonsuite ib Nonsuit upon demur ib Nontenure a good plea in an attaint for a stranger contra for a privy ib Where non Tenure shall be a good plea in attaint where not ib Entry in attaint after the last continuance ib Nonse name 214 Where a
the Case whereas the Plaintiff was possessed of such Goods as of his proper Goods and lost them and the Defendant found them and conver-them to his own use the Defendant said That the Plaintiff pledged them to him for 10. l. by reason of which he detrains them for the said 10. l. as t is lawfull for him without that that he converted them to his own use as c. and a good plea by some By others he must plead not guilty and give this matter in evidence for the Detainer 4. E. 6. B. Action upon the Case 113. T was agreed in the Common-Bench â—hat if a man for marriage of his daughter assumes to pay 20. l. a year Easter for four years and fails two â—ars that the Plaintiff may have an Aâ—â—ion upon the Case upon the promise â—r the non payment of the two years â—â—ough the other two years are not â—et come for this is in nature of Coveâ—ant 4. M. 1. B. Action upon the Case â—08 the end Action upon the Statute In an Action upon the Statute of 8. H. 6. of forcible entry Or in Trespas upon 5. R. 2 Vbi ingressus non datur â—er legem Non ingressus est contra forâ—am statuti is a good plea but his free-hold is no plea as t is said by Sherâ—ood and others 23. H. 8. B. Action upon â—he statute 40. In Trespass upon 5. R. 2. to say that â—he place c. is the Free-hold of I. N. â—nd hee by his commandment entred is no plea for the action is given by the Statute and therefore ought to have a special answer and not as in a general Writ of Trespass 24. H. 8. B. Action upon the statute 15. See by Fitz. Justice That a man may avow upon the Land by the new Statute and then the Tenant shall not disclaim â— contrary if he avow by the Common Law and relinquish the statute 28. H. 8. B. Action upon the Statute 6. 'T was said for Law That t is no plea in Trespass upon the Statute of 5. R. 2. for the Defendant to say That the place where is twenty acres which is parcel of the Mannour of B. is his Free-hold For the Defendant ought to entitle him to a Lawfull entry for a Disseisor hath a Free-hold and yet ingressus est ubi ingressus non datur per legem in the time of H. 8. B. Action upon the statute 27. Account Account lies not against Disseisors for then the Disseisee shall avoid the discents at his pleasure and also the Defendant was never his Receiver for to render account for this cannot be without privity in Law or in Deed as by Assignment or as Guardian or the like or by pretence the Defendant to the use of the Plaintiff and where the Defendant claims to his own use there the plea is true neither his Receiver nor his Baily to render account 2 Mar. 1. B. Account 89. Adjournment The Justices of Assise may adjourn the Assises upon every demurrer and upon every dubious plea or Verdict and upon every foraign plea and to what place they will and adjournment may be upon Certificate of the Assises as well as upon the assise B. Adjournment 28. Administrators Debt is brought against the Ordinary who pending the Writ commits the administration to I. S. the first Writ shal abate for the Ordinary is compellable to commit the Administration by Statute 34. H. 8. B. Administrators 39. Nota per omnes legis peritos and by those of the Arches that at the time of vacation of an Archbishoprick or Bishoprick the Dean and Chapter shall commit the administration 36. H. 8. B. administrators 46. Nota where the Ordinary commits the administration he may revoke it and commit it to another but mean acts done by the first administrator shall stand and so 't was put in ure between Brown and Shelton for the goods of Rawlins the administration was committed to Brown and revoked and committed to Shelton for 't is not an interest but a power or authority and powers and authorities may be revoked contra of an interest certain In the time of H. 8. B. administrators 33. the end Charles Brandon Duke of Suffolk had issue sonn by one Venter and daughter by another Venter and devised goods to the son and dyes and after the son dyes intestate without Wife and Issue and the mother of the son who was of the second Venter for the daughter was of the first Venter took the administration by the Statute which is That the administration shall be committed to the next of kinn of the intestate And upon great argument in the Spirituall Court Tam per legis peritos regni quam per peritos legis civilis the administration was revoked And so see that the administration may be revoked and so 't was likewise in the case of Brown and Shelton before of the goods of W. Rawlin Clerk which was committed to Sir H. Brown who marryed the sister of the said Rawlins and after came W. S. and J. S. son of the Wife of the said Sir H. which Wife was the mother of the said Shelton by a former Husband and reversed the first administration and obtained the administration to them And the said Duke had issue Frances by the French Queen and after this Wife dyed he marryed the daughter of the Lord Willoughby and had issue by her one Henry and dyed and after Henry dyed without issue and without Wife and the mother of the Heir took the Administration and after the said Frances Wife of the Marquess of Dorset sued and reversed the administration and obtained the administration to her self though she were but sister of the half blood to the said Henry because that she is next of kinn to the said Henry for that Henry had not any Children for the mother is not next of kinn to her own son in this respect of this matter for it ought to goe by discent and not by ascension by the Law of England nor by the Law civill And the children are de sanguine patris matris sed frater mater non sunt de sanguine puerorum And by Isidore Pater mater puer sunâ— una caro and therefore no degree is betwixt them contrary between brother sister and the half blood is no impediment as to goods B. administrators 47. Note that in the argument of this case 't was agreed by the Justices that the King is not intitled to the land of his Ward without office though he hath but a Chattel in it yet it comes ratione tenurae which is the Seigniory and Freehold in the King 5 E. 6. B. Office before c. 55. Age. A man recovers Rent and arrearages by assise Or if he recovers an annuity and arrearages of it in a Writ of annuity the Defendant dyes the Plaintiff brings a Scire facias against the heir he shall not have his age of
Tenancy and pleads no wrong and the other takes the Tenancy without that that the other hath any thing and pleads in Bar there the Plaintiff shall be compelled to chuse his Tenant at his peril as well as if both had pleaded in Bar and accepted the Tenancy severally and if it be found that he mis-elects his Tenant the Writ shall abate but he shall not be barred And there when the Demandant elects his Tenant and he pleads there they shall be at issue before that the Tenancy shall be inquired and then the Tenancy shall be Inquired first and after the other issue 6. E. 6. B. Assise 384. Assurances Note that Tenant in Tail who levies a Fine with Proclamation shall be bound and his Heirs of his body also after the Proclamation made and not before so that if the Tenant in Tail die before all the Proclamations made this shall not binde the issue in Tail and the Proclamation cannot be made in shorter time then in four Terms B. Fine Levies 109. assurances 6. But Tenant in Tail who is not party to the Fine shal not be so bound after the Proclamations but that he shall have five years to make his claim and if he fails of them and dies his issue shall have other five years by the equity of the Statute of W. 2. Quod non habeat potestatem alienandi Yet t is said if the first Issue neglect the five years by which he is barrable and dies his issue shall not have other five years for if the issue be once baâ—rable by the Fine the Tail is by this bound for ever Quaere And the Statute saies That it shall binde parties and pâ—iâ—â—es and therefore where Tenant in Tail is party to the Fine with Proclamation and his issue claims Performam doni the issue is privy for he cannot convey to himself as heir in tail but as of the body of his Father which is privity But a Fine with Proclamation may be confessed and avoided and then it shall not binde for the Statute is intended De finibus ritè levatis And therefore he may say that the parties to the Fine had nothing tempore finis c. For if none of the Parties had nothing tempore finis then t is a Fine by conclusion betwixt the parties but all strangers may avoid it by the averment as afore B. Fines Levies 109. And by the Statute of 32. H. 8. Fine with Proclamation by Cestui que use in Tail shall binde him and his heirs after Proclamation made and a Fine with Proclamation the Reversion or Remainder in the King and the Conusor dies the Proclamation made t is no Bar nor discontinuance because that the Reversion or Remainder in the King cannot be discontinued therefore there the issue in Tail may enter after the death of the Tenant in Tail B. Bar 97. Assurances 6. And B. seems that neither the Statute of 32. H. 8. nor 4. H. 7. shall not binde the issue in Tail nor the Reversion to the King by Fine with Proclamation though that the Proclamation be made and yet the Statute of 4. H. 7. wils that after Proclamation made it shall be a final end and shall conclude as well privies as strangers except infants Fem Coverts and the like c And the issue in Tail is privy Yet B. thinks that the intent of the Statute was not that the issue in Tail the Reversion to the King should be bound for by him after this Statute this was taken to be no discontinuance and therefore it seems to him that it shall not binde the Issue in Tail the Reversion in the King B. Fines Levies 121. Yet Quaere for the Statute of 32. H. 8. which wils that the heir in Tail shall be barred by Fine with Proclamation after the Proclamation made hath an exception of those of which the Reversion or Remainder is in the King so that it shall not binde such issue in Tail B. assurances 6. the end But otherwise t is of a recovery and Execution had by writ of entry in the Post with voucher by the Common Law for though that the Reversion or Remainder be in the King such recovery shall binde and was a bar against the Tenant in Tail and his issue presently but not against the King But at this day by the Statute of 34. 35. H. 8. Recovery against Tenant in Tail the Remainder or Reversion in the King shall not binde the issue in Tail but that he may enter after the Death of Tenant in Tail 30. H. 8. B. Bar 97. the end Assurances 6. Note That for assurance of land that the heir should not sell t was devised That a man should make a Feoffment in Fee to two to the use of himself for Term of life without impeachment of wast and after to the use of his son and his heirs until the son should assent and conclude to alien it or any part of it or to charge or incumber it and after imediately upon such consent and conclusion to the use of A. and his heirs until as afore and then c. to the use of B. and his Heirs until c and so of more c. and by such assent and conclusion by the Statute of uses Anno 27. H. 8. c. 10. the other shall be in possession c. 38. H. 8. B. Assurances 1. Where men enter into an arbitrement and every one is bound to the other in an obligation or other such Covenants and are bound to perform it and t is awarded that every one should release to the other all actions the like there it ought to be expressed all actions before such a day which shall be before the date of the Obligation for otherwise the Obligation of the award or the last Obligations to perform the Covenants shall be also released Regulae B. Assurances 4. Attaint Caveatur in every action triable by Jury of the quantity of the land as where a man demands 200. acres where they are but a hundred sixty or the like and the title is for the demand there if the Jury finde that he deseised him of 200 acres or the like this is matter of Attaint And so where they finde him gulty in trespass or the like of more trespasses then he did or of excessive dammage and the like 24. H. 8. B. Attaint 96. Quaere by B. if an Attaint doth not lie upon a Verdict in an appeal of Maihem at this day by the Statute of 23. H. 8. cap. 4. For this year t was doubted 38. H. 8. B. Attaint 10. the end Assise is brought against Tenant by Statute Merchant and against the Conusor Tenant of the Free-hold and the Assise acquits the Tenant by Statute Merchant and attaints the other of disseisen the Tenant by Statute Merchant shall not have an Attaint nor the Lord where Land is recovered against him and the heir where he hath the heir in Ward nor the
name of the thing demanded B. Averments 42. as if a Precipe quod redd be brought of the Mannor of B. or the like the Tenant pleads a Fine Recovery or the like of the Mannor of G. he ought to aver that the one and the other are one and the same Mannor not divers contrary if he pleads a Fine or recovery de predict Manerio de B. for this word predict is in effect an averment that all is one B. Pleadings 143. And where a man pleads a Recovery by a strange name of the parties he ought to aver that the first person and this person are all one and not divers Otherwise B. seems where he pleads it by this word predict 33. H. 8. B. Averments 24. T was said for Law That an averment is not necessary in an avowry viz. hoc parat est verificare for t is in lieu of a Declaration and the avowant is actor 3 M. 1. B. averment 81. Avowry Lord and Tenant by Fealty 3 pence Rent the Lord dies his wife is endowed of the Seigniory she may distrain for 1 peny the Heir for 2 pence so now the Land is charged with two distresses where it was charged but with one before but this is not inconvenient for he shall pay no more Rent then before The same Law where the Lordship is divided by partition between Heirs Females and the like 24. H. 8. B. Distresse 59. Avowry 139. If two Copartners make partition and give notice to the Lord he ought to make several avowries And if a man sell his land by Deed indented inrolled within the half year according to the Statute the avowry is not changed c. without notice no more then upon a Fine Yet B. doubts of of a Conusans de Droit com Ceo. c. but if a man recover against the Tenant or if the Tenant is deseised the disseisor dies seised and his heir is in by discent so that the entry of the disseisee is taken away the avowry shall be changed without notice The same law if the Tenant make a Feoffment and dies the Lord shall change his avowry without notice for nothing is discended to the heir of the Feoffor And where notice â—s necessary it shall be done upon the Land holden with tender of the arrearages for otherwise the Lord shall lose his arrearages if he avows or accepts service of the Feoffee c. before the arrearages paid Ideo caveatur inde 29. H. 8. B. avowry 111. 146. In a Replevin if the Defendant avows because that A. was Lord and was seised by the hands of B. then Tenant c. of such servises he may convey the estate of the said B. in the Tenancy to the Plaintiff in the Replevin by a que estate without shewing how but he cannot convey to himself of the said A. in the Seigniory by a que estate without shewing how for the Seigniory is there in demand and not the Tenancy 34 H. 8. B. avowry 7. que estate 2. the end Note That he which avows upon the Land as within his Fee or Seigniory by the Statute shall aleadge a seisen as in other avowry and then shall conclude his avowry upon the land as within his Fee and Seigniory and in such avowry every Plaintiff in the Replevin be he Termor or other may have every answer to the avowry as to traverse the Seisen the Tenure and the like which are a good answer in an avowry or plead a release or the like as Tenant of the Free hold shall though he be a stranger to the avowry for such avowry is not made upon any person certain therefore every one is a stranger to this avowry and so the Plaintiff may have every answer which is sufficient 34. H. 8. B. Avowry 113. 'T was agreed that to say That the place where c. is 4. acres which is and was the time of the caption his Freehold for which he distrained and took the beasts for dammage Feasent was a good avowrie 4. E. 6. B. avowrie 122. 'T was holden by the Justices of both Benches That where a man holds by Rent and Knights service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of ward yet if a ward falls he shall have the Wardship of the heir for the seisen of the rent suffices to be seised of the Tenure as to this purpose yet otherwise B. seems to make avowry 7. E. 6. B. avowrie 96. the end Ward 69. Note That 't was agreed that at this day by the limitation of 32. H. 8. the avowry shall be made generally as was used before and if there were not seisin after this limitation then the Plaintiff in bar of the avowry may alleage it and traverse the seisin after the limitation B. avowry 107. Also where a man brings an action real or mixt or makes avowry or Conusance and issue is taken upon the seisin infra tempus Statuti and t is found against the Demandant Plaintiff or Avowant this is peremptory by the same Statute 1. M. 1. B. Peremptory 78. Averment is not necessary in an Avowry See Tit. Averment Barre WHere a Fine with Proclamation or a Recovery shall bar an estate tail where not and where the Reversion is in the King with other good matter concerning Fines See Tit. assurances Bastardie Note That t was taken by the Commons house of Parliament if a man marry his Cosin within the degrees of Marriage who have issue and are divorced in their lives by this the espousals are avoided and the issue is a Bastard Otherwise if the one die before divorce there divorce had after shal not make the issue a bastard for the espousals are determined by death before and not by the divorce And a dead person cannot bring in his proofs for divorce after the death of the parties is but ex officio to inquire de peccatis for a dead person cannot be cited nor summoned to it 24 H. 8. B. bastardie 44. D'arraignement 11. Battel T is said that if an appeal of Murther be brought in the Kings Bench the Defendant joyns battel it shall be before the Justices of the Kings Bench and not before the Constable and Marshal 5. M. 1. B. battail the end 16. Bill 'T was said That a Premunire shall be maintainable by Bil in the Kings Bench though that the party be not in custodia marescalli B. Bill 1. And 't was common that many Clerks were compelled to answer to bills there who were not in Custodia marescalli 22. H. 8. B. Premunire 1. Cerciorari T Was agreed in Chancery That there is no Certiorari in the Register to remove a Record out of a Court into the Common Bench immediatly but it shall be certified in the Chancery by Surmise then to be sent into the Common Bench by Mittimus And indictments may be removed out
of the Countrey by Cerciorari to the Chancery and may be sent to the Justices of the Kings Bench by Mittimus and then they shall proceed upon it 36. H. 8. B. Certiorari 20. the end Certificate of the Bishop 'T was holden that if the Bishop certifies that such a person paid not his Tenths according to the form of the Statute which wills That ipso facto the Benefice shall be void that in this case a man shall not have an averment contrary to the certificate Time H. 8. B. Certificate devesque 31. the end Challenge Note by the Exchequer and both Benches where the parties are at issue in a plea of land where the land lies in three or four hundreds there if the Juror hath land in any of the hundreds or dwells in any of the hundreds it suffices 4. M. 1. b. Challenge 216. In Treason t is a good challenge to witnesses to say that he was one of his accusers b. Corone 219. And note that by the Statute of 33. H. 8. a peremptory challenge is ousted in case of high Treason yet by the said Statute Queen Mary t is enacted That all tryals of Treason shall be according to the order of the Common Law and not otherwise And therefore it seems that he may have a challenge peremptory as at Common Law S. 35. Jurors 4. M. 1. B. Challenge 217. Trials 151. the end Where a Grant of the Bishop or charge by him with the assent of the Dean and Chapter shall binde the successor and where not See Tit. Confirmation Charters of Pardon Note if a man be attained of murther or Felony by Outlawry or otherwise and the King pardons him all Felonies Murthers and Executions eorundem and Outlawries and Waivings and Sectam pacis And a pardon and release of all Forfeitures of Lands and Tenements and of Goods and Chattels shall serve but for the life and for the land if no Office be thereof found But it shall not serve for the goods without restitution or gift For the King is intitled to them by the Outlawry without Office but the King is not intituled to the Land till Office found And if an Office be found after yet the pardon shall serve for it shall have relation to the judgement then the mean pardon serves well contrary where an Office is found before the pardon granted for then the King is seised by the Office and there a release or pardon cannot give it but there ought to be a Gift or Grant 29. H. 8. B. Charters of Pardon 52. Note if alienation without licence be pardoned by Act of Parliament the party may enter without Ouster l'main or amoveas manum Otherwise by another pardon by letters Pattents 29. H. 8. B. Charters of Pardon 53. If intrusion by the heir post mortem antecessoris be found by Office and after the King pardons it by act of Parliament or by letters Pattents yet the heir shall sue Livery for this is not restored to him by a pardon but if the pardon were granted before Office found and at the making of the pardon the heir is of full age he shall retain the land and the Office found after the pardon shall not hurt him 30. H. 8. B. Charters of Pardon 54. Chattels If Lessee for years devise his Term or other his Chattel or Goods by Testament to one for term of his life the Remainder over to another and dies and the Devisee enters and aliens not the Term nor gives or sels the Chattel and dies there he in Remainder shall have it but if the first Devisee had aliened given or sold it there he in the Remainder had been without remedie for it B. Chattels 23. Done 57. And so B. seems if they be forfeit in his life he in remainder hath no remedy 33. H. 8. B Done 57. the end Choice in Action Thing in Action Note where the Statute of 31. H. 8. gives to the King the possessions of Abbies and all rights of Entries Actions Conditions and the like which the Abbies might have had and that he shall be in possession without office and that he shall be adjudged in actual and real possession of them in such plight and sort as they were at the time of making of the Statute Yet if an Abbot were disseised of 4 acres of land the King cannot grant it over before entry made by him in it because t is a thing in action real and not like to a thing in action personal or mixt as debt ward and the like by some And some è contra by reason of these words That the King shall be in possession Yet by B. this seems that he shall be in such possession as the Abbot was S. of a thing of which the Abbot had possession the King hath of this actual possession of such of which the Abbot had but a cause of entry or right in action of these the King shall be vested of a Title of entry and Title of action But the thing to which he hath such cause of entry or of action is not for this in him in possession and therefore cannot pass from the King by general words but B. seems if the King recites the diseisen and how the right and action thereof is given to him by the Statute and grants it specially that t is good 33. H. 8. B. Choice in Action 14. 'T was said for Law That the King may grant a thing in action which is personal as debt and dammages and the like or a thing mixt as the ward of body but not a thing real as an action of land and the like as Rights Entries Actions and the like which Abbots might have And that the King shall have these by the Statute of dissolution of Abbies 31. H. 8. These things in action the King cannot grant Yet by B. see if there be not words in this Statute to put the King in possession though the Abbot were put to his action 33. H. 8. B. Pattents 98. Clergy No man shall have his Clergy but where his life is in jeopardie and therefore not in petty larceny And the Bishop is Ordinary all Priests Abbots and others inferior to him which demand Clergy or have Clergy and if the Bishop hath his Clergy the Metropolitan shall keep him as his Ordinary and if the Metropolitan offend and hath his Clergy the King shall have him and keep him the same is of Laps Reading B. Clergy 19. Corone 183. Note That at this day Bigamus shall have his Clergy by the Statute but a man attainted of Heresie shall not otherwise of a man excommunicated and a Jew nor Turk shall not have their Clergy and a Greek and Roman who use not our letters shall have their Clergy and shall stay till a book of letters of their countrey comes B. Clergie 20. And if a man who is captus oculis prayes his Clergy he shall have it if he
Dalyson Justices Dyer Serjant and Griffine and Cordell Attorney and Soliciter And t was agreed that Counsellers who give evidence against Traytors are not accusers And by the Civill Law accusers are as parties and not witnesses for witnesses ought to be indifferent and not come till they are called but accusers offer themselves to accuse for t is a good challenge to witnesses to say that he was one of his accusers 4. M. 1. B. Corone 219 'T was said for Law that a man cannot abjure for high treason Quaere of petty treason for t is manifest in a Chronicle in the time of H. 6. that a woman that killed her Mistress abjured the Realm 5. M. 1. B. Corone 180. the end Manningt ' and another were indicted of felony in the high way in the County of Bedford for robbery of one Edward Keble Clerk with daggs the indictment and the body were removed into the Kings Bench and there they were arraigned and pleaded not guilty to the countrey and were tried But after a writ was sent with the body into the countrey with Nisi prius to trie them in the county of Bedford And this is a common course so to remove the body and the Record out of the Kings Bench to the countrey again 4. M. 1. B. Corone 230. A man takes Church and the Coroner comes to him and demands of him for what cause he does it who said that he would be advised by 40. days before that he would declare his cause the Coroner may draw him out presently but if he will confess to him felony he may remain there by 40 days before that he abjures Otherwise where he takes Sanctuary as Westm ' Knoll and the like for this may hold him for term of life except in case where a Statute changes it B. Corone 180. Sanctuary 11. But if he will abjure within the 40 days the Coroner shall give him a certaine day to doe it B. Corone supra None shall take priviledg of the church except that he be in danger of his life B. Corone 181. Nor none shall have the priviledg of Sanctuary except he in periculo vitae And note that Sanctuary cannot have a lawful commencement Nisi pro vita hominis as for treason felony or the like and not for debt therefore where a grant or prescription is to have Sanctuary for debt t is worth nothing for t is against the Law But if his body were in execution and he escapes and comes to a Sanctuary ordained for safeguard of the life of a man he shall enjoy it for by long imprisonment his life may be in jeopardy And if the church be suspended for bloodshed yet he which takes the church for felony shall enjoy it by 40 daies B. Sanctuary supra There are two manner of Sanctuaries S. private as Westminster Knoll and the like And general sanctuaries as every church B. Corone 181. the end Abjuration for felony discharges all felonies done before the abjuration A man cannot abjure for petty larceny but for such felonies for which he shall suffer death Lecture B. Corone 182. Note that these words Quod pred vitam membra in a Statute are intended felony without the word of felony in it Regula B. Corone 203. Corporations Note that the Justices of the common bench accords in case of a corporation that known by the one and the other in a suite by a name known is no plea for the plaintiff for he ought to acknowledge his proper name But if the defendant be named by the plaintiff by a name known though the defendant be corporate it suffices Yet Quaere if there be not a diversity betwixt an action real and an action personal 25. H. 8. B. Corporations 82. By Fitz. â—f the Abbot and Covent sel all the lands and the Abby yet the Corporation remains Quaere by B. of what he shall be Abbot for there is no church nor monastery And by him Quaere if the Abbot die if they S. the Covent may chuse another the house being dissolved 32. H. 8. B Corporations 78. See Tit Extinguishment The King makes a Duke or Earl and gives to him 20. l. of land or the like by the same name so that the creation and the grant is all by one and the same patent yet t is good And the same Law of making a corporation and giving to them land by the same patent and name 2. E. 6. B. Corporations 89. Costes Note by Spilman Justice that at common Law a man shall recover costs in a Quare impedit but otherwise after the Statute of Westm. 2. cap. 5. because the Statute gives great dammages in a Quare impedit 22. H. 8. B. costes 25. Note where an action penal is given by Statute to recover a great summ by action of Debt for ingrossing or the like there the Plaintiff shall not recover costs nor dammages in this action of Debt 35. H. 8. B. Dammages 200. costs 32. T was said That if a Lessor brings Debt against his Lessee for years for Rent and the Plaintiff is nonsuit or if the inquest pass against him he shall render costs to the Defendant by the Stat. for a Lease for years rendring rent is a contract 2. M. 1. B. costs 23. Covenant Where an assignee shall be charged with the Covenant of his Grantor See Tit. Assignee Plea of Covenants perform generally without shewing how is no good plea See Tit. conditions T is said by the Justices That a Writ of Covenant lies upon an Indenture without this word Covenant and grant for him his heirs and executors 1 M. 1. B. covenant 38. the end Coverture Note that a Statute Staple nor Deed enrolled shall not be accepted of a Fem Covert by the Common Law contrary by the custom in London of a Deed enrolled for this shall binde in London as a Fine at Common law B. coverture 59. 76. the end Nor a Fine Statute nor Deed enrolled shall not be suffered by an Infant 32. H. 8. B. coverture 59. the end Count. Precipe quod reddat against Tenant for life who prays in aid of him in reversion who appears gratis and joyns in aid and the Demandant counts de Nono against the Tenant and the Prayee and they vouch the common Voucher and suffer recovery for assurance And yet t is said That the Priee shall not have Oyer but of the Count. cusus 22. H. 7. B. count 87. Court Baron T was said that the Lord of a Mannor cannot hold Court nor do justice without two Suitors and if they die or if that there be but one suitor the mannor is determined for t is not a Mannor without Suitors 23. H. 8. B. Court baron 22. the end If an understeward holds a Court Baron and grants Copy-holds to the Tenants by Copy of Court Roll without authority of the Lord or high Steward this is a good grant for in
â—â—â—nviction without abjuration Otherâ—â—e if he will abjure for then he shall 〈◊〉 be burnt the first time but upon reâ—â—se he shall be burnt 2. M. 1. B. â—eresie Homage See Tit. Fealty Ideot BRent of the County of Sâ—â—merset who was presenâ—â—ed for an Ideot couâ—â— write Letters and Acquiâ—tances and the like anâ— therefore was adjudgeâ— an Unthrift but no Ideot Time E. Ideot 4. the end Imprisonment 'T was determined in Parliament thâ— Imprisonment almost in all cases is but retain the offender till he hath made Fine and therefore if he offers his Fiâ—â— he ought to be delivered presently 〈◊〉 the King cannot retain him in prison afâ—â—â— the Fine tendered 2 M. 1. B. Impâ—â—sonment 100 the end Incident Court-Baron is incident to a Manâ—â— and Court of Pipowders to a Fayr aâ— 't was sed arguendo that therefore Lord of the Mannor or Fayr cannot grâ—â— over the Court-Baron nor the Court Pipowders or if they grant the Mâ—â— â—â—or with the Fayr they cannot reserve â—â—ch Courts for they are incident c. 9 H. 8. B. Incidents 34. 'T was said that if a Seigniory rests in â—omage Fealty and Rent and a man â—â—covers the Rent by this is the Homage â—â—covered for a Precipe lies not of it â—ime H. 8. B. Incidents 24. the â—â—id Indictments An Indictment of Death ought to comâ—rehend the day of the stroke and day of 〈◊〉 death and the same Law of Poyâ—ning so that it may be known if he â—â—ed of the same stroke or not 24 H. 8. â— Indictments 41. By Fitz Just. a Justice of Record may 〈◊〉 indicted of taking of money and other â—â—ch falsity but not of that which goes in â—â—lsifying or defeating of the Record as 〈◊〉 say that he altered the Record from â—respass into Felony and the like which â—â—lsifies the Record Casus B. Indictâ—ent 50. the end Intrusion Tenant in Tayl of Lands holden of 〈◊〉 King aliens without license which found by Office the King shall have 〈◊〉 Issues of the Land à tempore inquisitiâ—â—nis capt and not before B. Alienatâ—ons 26. in medio But where the tâ—â—nant dies and hisâ— heir enters upon Offâ—â—â— found for the King of the dying seised the ancestor there the heir shall answâ—â— the profits taken by him before 26 H. B. Intrusion 18. the end Note where 't is found by Office thâ— I. N. tenant of the King was seized aâ— died seized and that W. his heir intrudeâ— and after by Act of Parliament the Kiâ—â— pardons all Intrusions in this case the eâ—try and the offence is pardoned but not 〈◊〉 issues and profits for the escheat or shâ—â— be charged of this by way of accouâ—â— whether he hath received them or not 〈◊〉 when the office is of Record he ought receive them except where 't is found the Office that such a man took the proâ—â— thereof But where the King pardoâ— where no Office is found the heir is â—â—â—charged as well of the issues and profâ—â— and also of Livery as of Intrusion by râ—â—son of the pardon for by this is pâ—â—doned And there though the Office comes after which findes the intrusion of the heir yet all is gone by the Pardon and this shall serve because all was pardoned before to which the King was intitled of Record 33 H. 8. B. Charters de pardon 71. Intrusion 21. Issues returns 22. Office shall have relation to the death of the ancestor as to Land descended to the heir of the Kings tenant and as to intrusion B. Relation 18. the end Otherwise as to alienation made by the Kings tenant without License this shall not relate before the finding of it B. Relation 18. Intrusion 19. And such entry by purchase is not called Intrusion but a Trespass and so are the words of the pardon thereof quod pardonamus transgression ' praedict c. 33. H. 8. B. Intrusion 19. Joyntenants If a Lease be made to three of Land at Common Law for term of life or for yeers habendum successivè yet this is a â—oynt estate and they shall hold in Joynture and successivè is void But where the custom of Copie-holds is that this word successive shall hold place this is good there by the custom 30 H. 8. B. Joyntenants 53. Leases 54. If a man infâ—offs two upon condition that they shall infeoff W. N. before Michael ' and the one dies the other sole makes the Feoffment this is good The same Law if two lease Land rendring rent and that if it bearrear by two months and lawfully demanded by the said Lessors that they may re-enter the one dies and the other that survives demands it and 't is not paid he may re-enter And the same Law if the Lease were made to two with words that if it be arrear and demanded of them two c. and the one dies and the Lessor demanded it of the other that survived and he doth not pay this is a good demand and the Lessor may re-enter 33 H. 8. B. Joyntenants 62. Journeys accounts Grantee of a next presentation brings a Q. impedit and dies after the six months past and his Executors bring another Q. impedit by Journeys accounts and by the Justices it will not lie See Tit. Q. impedit Judgement A man recovers by default against an â—â—fants and the Infant brings a Writ of â—â—rour and reverses it for his non-age â—therwise if he had appeared and lost 〈◊〉 plea or by voucher he shall not reâ—â—rse it for non-age B. 6 H. 8. Saver de fault 50. If I have Title by Formedon or cui vita and enter and the other recovers â—gainst me I am remitted to my first actiâ—â— But if a man recovers against me by â—â—lse Title by Action tried where I was by good Title I shall then have Error 〈◊〉 Attaint or a Writ of Right 23 H. 8. â— Judgement 111. Assise in Com. B. the tenant pleads in â—â—ar a recovery by Assise by him against 〈◊〉 Plaintiff of the same Tenements in â—om O. and this now Plaintiff then â—â—nant pleaded in Bar by release of the â—ncestor of the Plaintiff with Warranâ—â— which was void by non-age and â—his found for the Plaintiff by which he â—ecovered against this Plaintiff judgement si where he accepts the Land to be in the Country of O. now he shall be received to say that it lies in the County 〈◊〉 B. And 't was said in the Common Benchâ— that though this Land were then put 〈◊〉 vJew the Plaintiff shall not be bound 〈◊〉 the recovery for it cannot be intended one and the same Land 25 H. 8. â— Judgement 62. Assize of Land in N. the Defendanâ—â— said that once before he brought an assizâ— of the same Land in H. against the samâ— Plaintiff and these Lands put in vJew and this now Plaintiff then took the â—â—nancie and pleaded in Bar and said thâ— H. and N. are one and the same Ville an known by the one name and the
other and that A. brought a Formedon of thâ—â— tenements and pleaded certain c. anâ— recovered by Action tried and the estaâ—â— of the Plaintiff mean betwixt the title 〈◊〉 and his recovery judgemeâ—â— si of such an estate assize c. to whâ—â— the other said that every of the said 〈◊〉 and N. were Villes by themselves and 〈◊〉 at issue and 't was found that they weâ—â— several Villes and the seisin and disseisâ—â— by which 't was awarded that this tenaâ—â— then Plaintiff should recover And because that he hath recovered these sainâ— Lands against the Plaintiff himself in H. judgement si assise And Shelly Just. held strongly that this recovery of Land in H. is no plea in an assise of Land in N. and therefore the assise ought to be awarded and so it seems to B. 25 H. 8. B. Judgement 66. If A. infeoffs B. upon condition c. to re-enter there if a man impleads B. who vouches A. and so recovers or if A. re-enters upon B. without cause and â—s impleaded and loses there in the one case and the other the condition is determined for the Land is recovered against him who made the condition 26 H. 8. B. Judgement 136. Note by Bromley chief Just. that a Judgement where there is no original is void as in an assise the Plaintiff appears and after makes a retraxit and after the Justices of Assize record an agreement betwixt them in nature of a Fine this is void and coram non Judice and shall not be executed by reason that no Original was pending but was determined before by the retraxit For without Original they have not Commission to hold Plea and then they are not Judges of this cause 2 M. 1. B. Judgement 114. Issues joyns Issues joyned Trespass upon the case quod def assumpsit deliberat quer 4 pannos laneos and he pleads quod assumpsit liberare 4 pannos lineos without that qd assumpsit modo forma and so at issue And 't is found that he assumed to deliver 2 pannos laneos sed non 4 so see that this issue though that it comes in a traverse doth not amount but to the general issue the Pl. recovered dammages for the 2 and was barred and amercied for the rest But otherwise 't is if the issue be If A. and B. infeoffed the tenant in a Precipe quod reddat necne and 't is found that A. infeoffed him but that A. and B. did not infeoff him this is found against the tenant in toto or against him who pleads such Feoffment which is so found 32. H. 8. B. Issues joyns 80 Verdict 90. Informed in the Excheq against A. B. for buying Wools betwixt shearing time and the Assumption such a year of C. D. contra forma Statuti where 't is not cloth nor he did not make thereof cloth nor yarn He sees that he did not buy of C. D. contra formam Statut. propt c. And no issue for 't is not material nor traversable whether he bought of C. D. or of E. F. or of another but whether he bought them contra formam Statut. necne And therefore the Issue shall be that he did not buy modo forma c. 33. H. 8. B. Issues joyns 81. Negativa pregnans 54. Travers per 367. In waste issue was taken if the defendant cut twenty Oaks there if the Jury finde ten and not the rest the Plaintiff shall recover for the ten and shall be amercied for the rest 2 M. 1. B. Issues joyns 80. the middle Issues returns Issues returned See Tit. Intrusion Jurisdiction If the Lord of a Mannor claim the Tythes of such Lands in D. to finde a Chaplain in D. and the Parochians claim them also for the same purpose 't is said for Law that the Lay Court shall have jurisdiction betwixt them and not the Spiritual Court 25 H. 8. B. Jurisdiction 95. 'T was said where a man pleads a plea in Banco ultra mare it shall be condemned at this day because that it cannot be tried in England 36 H. 8. B. Jurisdiction 29. Jurors Trial of a Peer of the Realm arraigned upon an Indictment and appeal diversity See Tit. Trial and Tit. Enquest Where Jurors may take conusance and notice of a thing in another County See Tit. Attaint Jury took a Scroll of the Plaintiff which was not delivered to them in Court and passed for the Plaintiff and because that this matter appeared to the Court by examination therefore the Plaintiff shall not have Judgement 3 M. 1. B. Jurors 8. Leet NOte for Law if a pain be put upon a man in a Leet for to redress a Nusance by a day sub poena 10 l. and after 't is presented that he did it not and shall forfeit the pain this is a good presentment and the pain shall not be otherwise affeered And the Lord shall have an Action of Debt clearly but he cannot distrain and make avowry except by prescription of usage to distrain and make avowry 23 H. 8. B. Leet 37. Note where the Statute of Magna Charta cap. 25. saith Et visus de Franâ—hi-plegio tunc fiat ad illum Terminum St. Michaelis sine occasione this is â—â—tended the Leet of the Tourne of the Sheriff and not other Leets 25 H. 8. B. Leet 23 the end Leases By Fitz-James ch Just. Englefieldâ—ust â—ust and many others if tenant for life â—ases Land for yeers rendring rent and â—â—es the Lease is void and then the rent is â—etermined The same Law of a Parson â—nd though the successor receives the rent â—he Lease is not good against him for â—hen 't is void by the death of the Lessor 〈◊〉 cannot be perfected by no acceptance B. Leases 19. Debt 122. Otherwise 〈◊〉 seems of a Lease for life made by a Parâ—â—â— rendring rent and the successor accepts 〈◊〉 rent this affirms the Lease for life 24 〈◊〉 8. B. Leases 19. A man leases for ten yeers and the neâ— day leases the same Land to another foâ— twenty yeers this is a good Lease for thâ— last ten yeers of the second Lease 26 H. 8. B. Leases 48. Where a Lease for 300 or 400 yeeâ—â— shall be Mortm in See Tit. Mortmain A man leases a house cum pertin â— Land shall pass by these words cum perâ— Contrary if a man leases a house cuâ— omnibus terris eidem pertin there 〈◊〉 Lands to this used pass and many Graâ—â— are de omnibus terris in D. nuper Mâ— nasterii de G. pertin and especiallyâ— heavers that it hath pertained de temporâ— c. 31 H. 8. B. Leases 55. If a Parson of a Church leases for 〈◊〉 and dies the successor accepts fealty 〈◊〉 shall be bound by this during his 〈◊〉 Contra upon a Lease for yeers made 〈◊〉 him this shall not binde the successor 〈◊〉 acceptance of the rent for 't was void 〈◊〉 the death of the Lessor 32 H. 8. 〈◊〉
King and goe quite as if he had holden of a common person Contra of Tenure in Capite 32 H. 8. B. Livery 62. Note that the heir of him who holds of the King in Capite in Soccage shall not render primer seisin to the King for all his Lands but onely for those Lands holden in Soccage in Capite Contrary of him who holds in Knight service in Capite by the experience of the Exchequer And the heir which sues Livery shall have in every County a several livery And note that livery is where the heir hath been in Ward and comes to full age he shall have livery extra manus Regis And primer seisinâ— is where the heir is of full age at the time of the death of his ancestor or where his tenant holds in Soccage in Capite and dies there the King shall have primer seisin of the Land which amounts to the like charge to the heir as the livery is 38 H. 8. B. Livery 60. Note that a man cannot sue livery in the Chancery for Land in Wales Nor in a County Palatine by experience Time H. 8. B. Livery 63. If the heir of cestuy que use be of full age at the time of the death of his ancestor the King shall not have primer seisin for 't is not given by the Stat. but onely the ward of Land and body And if a will were declared by cestuy que use which is not performed during the nonage of the heir there the King shall not have the Land but the heir at full age shall prove his age and shall goe quite by experience in the Exchequer Casus B. Livery 77. the middle Mainprise IF a man be arrested in London and finds sureties to the Plaintiff there and after is dismissed in banco by Writ of priviledge and after a Procedendo comes in the same suit to the court of London this shall not revive the first mainprise or suretiship for once dismissed and always dismissed And 't is said that after a man hath found mainprise to a Bill in the Kings Bench and after is at issue or demurrer and after is awarded to replead and to make a new declaration the Mainprise is by this discharged Contrary where they manuceperunt usque ad finem pliti and where the original remains 32 H. 8. B. Mainprise 96. If a man be convicted of Felony and remains in prison and after the King pardons him there the Justices of Goal-delivery may bail him till the next Sessions oâ— Goal-delivery so that he may then comâ— with his Pardon and plead it 2 E. 6. B Mainprise 94. Maintenance Note by all where Tenant in Tayl oâ— for term of Life is impleaded he in remâ— or reversion may maintain and give of his proper money to maintain for safeguard of his interest for 't was agreed that he who hath an interest in the Land may maintain to save it 1 E. 6. B. Maintenance 53. Note that upon the Statute of buying Titles and to maintain that a man shalâ— not buy Land except the vendor hath been in possession c. by a yeer before 't was agreed by Mountague chief Justice and by all of Serjeants Inne in Fleet-street that if a man morgages his Land and redeems it he may sell his Land infra unum annum prox c. without danger of the State aforesaid for so is the intendment of the Statute for the ancient Statutes are That none shall maintain and yet a â—an may maintain his Cousin and so of â—e like for 't is not intended but of unâ—wful maintenance and so of a pretenâ—d Title and not of that which is clear â—itle 6 E. 6. B. Maintenance 38. Mannor A man cannot make a Mannor at this â—ay notwithstanding that he gives Land 〈◊〉 many severally in Tayl to hold of him 〈◊〉 Services and suit of his Court for he â—ay make a Tenure but not a Court for â— Court cannot be but by continuance cuâ—â— contrarium memoria hominum non â—â—sist it And 't is said for Law that if a â—annor be and all the Free-tenures esâ—eat to the Lord but one or if he purâ—hases all but one there after this the Mannor is extinct for there cannot be a Mannor except there be a Court-Baron 〈◊〉 it And a Court-Baron cannot be â—olden but before Suitors and not before 〈◊〉 Suitor therefore one Free-holder â—â—ely cannot make a Mannor 33 H. 8. â— Comprise 31. Mannor 5. Misnosmer Misnamer A Statute was acknowledged by man in the name of I. S. de D. in Coâ— E. Butcher and he was taken upon Prâ—cess and said in avoydance of the Statutâ— that he was always dwelling at S. aâ—â— not at D. and was a Husbandman and nâ— a Butcher and that I. S. of D. acknowledged the Statute without this that he the same person that acknowledged iâ— which Plea was refused for a great inconvenience that might fall upon it 36 H. B. Misnosmer 34. the end Monstrans de faits Shewing of Deeds See that he which pleads a Deed Record or which declares upon a Deed Record it behoves him to shew it Oyer of those is always to be had by 〈◊〉 which is charged by it Regulae Monstrans 165. Oyer de Recordes 1â— the end Mortdauncestor By the best opinion in the Commâ—â— Bench if two purchase jointly to them â— to the heires of one and he which hath the Fee dies and after the other dies the heir of the first shall not have a Mortdauncestor and B. seems the reason to be because the Fee was not executed in Possession by reason of the survivor of the other and t is in effect now but the discent of a reversion and the wife of him who had the Fee shall not have Dower and yet he might have forfeited the Fee simple or given it by Feoffement but not by grant of the Reversion 12. E. 4. 2. and joyn the Mise in a Writ of Right for he in Reversion and the Tenant for life may do it Quaere if he may release it 29. H. 8. B. Mortdauncestor 59. Mortmain Lord and Tenant the Tenant leases for life to I S. the remainder to an Abbot and his successors the Lord need not to make claim till the Tenant for life be dead for if he will wave the Remainder t is not Mortmain But of a grant of a Reversion with Attornment t is otherwise And if the Tenant makes a Feoffment in Fee to the use of A. for life and after to the use of an Abbot and his successors there t is not Mortmain till the Tenant for life in use dies and he in Remainder takes the profits Note that appropriation of an advowson without licence is Mortmain 25. H 8. B. Mortmain 37. If a man leases to an Abbot and his successors or to another Religious person for a 100 years and so from a 100. years to a 100 years untill 300 years be incurred this is one Lease
remitter 50. Where a Devise shall take away a discent and will not remit See Tit Devise Repleder T was in use in the Kings bench though that the Jury be ready to pass there if there be a Jeofail aparent in the Record the Inquest shall be discharged 35. H. 8. B. repleder 54. Rescous See Tit. Distress Reservations If a man Leases his mannor except the wood and underwood by this the soile of the wood is excepted by Baldwine wine Chief Justice of the Common-Bench Fitz. Justice and Knightly and Mart Serjeants contrary Spilman and W. Conigs ' Just. 33. H. 8. B. Reservations 39. Restitution A man is attainted of Treason the King may restore the Heir to the Land by his Patent of Grant but he cannot make the heir to be heir of blood nor to be restored to it without Parliament for this is in prejudice of others 3. E. 6. B. Restitution 37. Restore al primer action Restored to the first action If a man enters where his entry is not lawful as the heir in Tail after discontinuance or the heir of a Woman or the Woman her self after discontinuance the other upon whom he enters recovers against him there they S. the heir in Tail or the woman or her heir is restor'd to their first action of Formedon or Cui in vita Yet if such who enters where his entry is not lawfull makes a Feoffment and the other upon whom he entered recovers now the first action is not restored to the issue in Tail nor to the Woman nor to her heir by reason of the Feoffment which extincts right and action But if he which so enters makes a Feoffment upon condition and for the condition broken re-enters before that he upon whom he entered hath recovered and then he recovers after the re-entry made by the condition there he which made the Feoffnient upon Condition is restored to his first action for the entry by the Condition extincts his Feoffment 23. H. 8. B. Restore al primer action 5. Retorne de avers Retorn of beasts Note by the opinion of the Court That if a man be nonsuited in a Replevin and a retorn is awarded and the Plaintiff brings a Writ of second deliverance and suffers it to be discontinued retorn irreplegible shall be awarded as well as if the Plaintiff had been non suited in the Writ of second deliverance 17. H. 8. B. Retorne de avers 37. Second deliverance 15. Revivings See Tit. Extinguishments Riot Rout and unlawful Assembly Note that Riot is where three or more do an unlawfull act in Deed and execute it as to beat a man enter upon possession or the like unlawfull Assemblie is where a man assembles people to do an unlawful act and doth not do it nor execute it in deed And Rout is where many assemble themselves for their own quarrel this is a Rout and against law though it be not executed as inhabitants of a Town for to break down a hedge wall or the like to have Common there or to beat a man who hath done to them Common displeasure or the like Lecture B Riots 5. Sanctuary See Tit. Corone Saver default Saving default See Tit. Judgement Scire facias Of a thing Executory a man shall have Execution for ever by scire facias See Tit. Execution Where Debt lies and where a scire facias See Tit. Debt Where a scire facias upon a Recognisance shall be brought See Tit. Lieu ' Second Deliverance See Tit. Retorn de avers Seisin If a man holds of the King and holds other Land of another Lord and dies his heirs within age who intrudes at his full age and pays the rent to the other Lord this is a good Seisin and shall bind him after he hath sued livery for the Seigniory was not suspended by the possession of the King but onely the distress for after Livery the other Lord may distrain for the arrearages due before per optim opinionem tune See now the Statute thereof That the officers of the King shall render yearly the rent to the Lord and the heir shall not be charged with it by distress after upon livery sued as he was at Common Law 34. H. 8. B. Seisin 48. Several precipe T was agreed that a man may have Debt and Detinue by one and the same Writ by several Precipe the one shall be Debet the other Detinet Tim. H. 8. B. several precipe 5. the end Several Tenancie In an Assise several Tenancy is no plea and the same Law in other actions â—here no land is demanded in certain 24. H. 8. B. several Tenancy 18. Statute Merchant T was said for Law That if a man sues Execution upon a Statute Merchant or Statute staple and part of the Land is extended nomine omnium terrarum which is retorned according and the party accepts it he shall never have an Extent nor re-extent of the rest And that upon a Nihil retorned upon a Testatum est he may have Proces in another County for there the judgement shal be quod habeat exeontionem de terris quousque summa Levitur Yet B. seems otherwise of such retorn of Goods 29. H. 8. B. Statute Merchant 40 Note if a Statute staple be extended and so remains by seven years without Deliberate made yet he may have a Deliberate at the end of 7 years but he who hath the land delivered to him by liberate upon a Statute cannot make a surrender conditional to the conusor enter for the condition broken after the time of the extent incurred as land of 10 l. per an is delivered in execution for 40l this may incurre in 4. years there the Conusee by such condition cannot enter after the four years incurred for he ought to take the profits upon his Extent presently And he shal not hold over his time nisi in speciali casu as where the Land is surrounded with water sudden tempest or the like And the judgement shall be Quod teneat terram ut liberum tenementum suum quousque denarii leventur 33. H. 8. B. Statute Merchant 41. T is said for Law That if the Conusor upon a Statute Staple hath a Reversion and grants it over and after the Tenant for life dies this Land shall not be put in execution for the Reversion was never extendable in the hands of the Conusor 33. H. 8. B. statute Merchant 44. the end Note by Bromley Hales and Portman Justices and Rich who was first Chancellor of England Apprenticius Curiam That if the Conusee purchases parcel of the Land after the Statute acknowledged or Recognised this â—s no discharge of the Statute against the Conusor himself But the Feoffees of â—he Conusor of other Parcels shall be â—here of discharged But if the Conusee â—ath the Land delivered in Execution â—nd purchases parcel of the land of the Conusor this is a discharge of the inâ—ire Statute 36.
primer sesin of the third part by vertue of that clause in the Stat Saving to the King Ward Primer sesin Livery and the like by which it appears that the intent of the act is that the King shall have as much as if the Tenant had made a will and had dyed seized yet by all after that the King is served of his duty of it the gift is good to the Donee against the Heir 2 E 6. B Testament 24. Note that 't was adjudged betwixt Vmpton and Hyde that the explanation of the Statute of Wills is not to take effect only from the time of the explanation but the first Stat which is explaned shall be so taken ab initio So that the Wills of Vmpton Gainesford and others which are excepted in the explanation shall be taken good by the Stat of 32 H 8. of Wills which was explaned 4 M 1. B Testament 26. Testmoignes Witnesses The age of Witnesses in an Aetate probanda is 42 years Lecture B Testmoignes 30. the end Titles Note that a man shall make a good title in an Assize to say that I N was seized in Fee to the use of T P which T P infeoffed the Plaintiff who was seized and disseized c. without shewing what person made the Feoffment to the use of T P or how the use commenced 36 H 8. B Titles 61. Travers of Office 'T is said for Law that none can traverse except he makes title to the same land in the premisses or close of his traverse 22 H 8. B Traverse d' Office 48. 'T was found that I S dyed seized by which W S his son comes and saith that the said I S in his life was seized in Fee and infeoffed A B in Fee to the use of the said I S and his Heirs and dyed and after by the Stat of uses 27 H 8. he was seized in possession without that that I S his father dyed seized pro ut c. and a good traverse And a Termor cannot traverse an Office by the Common-Law except it were found in the Office and then he might have a monstrans de droit and ouster L'main the King 29 H 8. B Travers d' Office 50. Where a man shall have a Petition where traverse See Tit Petition Where the King hath no other title but by false Office there the party who can make title may traverse as well against the King as against the party if the King had granted it over but now this is helpt by Stat 33 H 8. B Travers d' office 51. the end Where a Tenure is found of the King ut de Ducat suo Lancastrie which in truth is false yet this need not to be traversed for the King hath this Duchy as Duke not as King and a man shall not be put to traverse but where the Office is found for the King ut pro rege Angliae for then he hath a prerogative and as Duke none 1 E 6. B Travers d' Office 53. Non-suit or relinquishing of a traverse is peremptory contra of Non-suit in a Petition and the Judgement of traverse is no other sed quod manus domini Regis amoneantur et quod possessio restituatur to him that traversed Lecture B Travorse d' Office 54. Travers by c. What thing shall be traversable what not See Tit Issues joynes Action for making false clothes in Bartholomew-Fair contrary to the Stat The other saith that he made them well and truly at D in the County of F without that that he made them in Bartholomew-Fair in L pro ut c. and a good Plea 35 H 8. B Travers by c. 368. If in Assize the Tenant Pleads that his Father was seized in Fee and dyed by Protestation seized 'T is said that the Plaintiff may make title by a stranger without that that the father of the Tenant was seized in Fee c. 38 H 8. B Travers by c. 26. the end Information in the Chequer the Defendant Pleads a Plea and traverses a materiall point in the information upon which they are at issue there the King cannot waive this issue as he may in other cases where the King alone is party without an Informor ut supra by the Kings Attorney and â—thers learned in the Law 38 H 8. B Travers by c. 369. Tender not traversable in a Writ of â—ntrusion maritagio non satisfac for the single value See Tit Forfeiture of marriage Trespas The Defendant said that I N was seized in Fee and leased to him for twenty one years and gave colour the Plaintiff said that his father was seized and dyed seized c. and â—he entred and was seized untill the Trespas absque hoc quod dictus J N aliquid habuit tempore dimissionis and a bad traverse but he shall say without that that I N was seized in Fee modo forma pro ut c. in Communebanco 4 E 6. B Travers per 372. Assize The Tenant makes a barr by a Stranger and gives colour the Plaintiff makes title by the same person by which the Defendant made his barr s that I S was seized and gave in tayl to his father who infeoffed W N who infeoffed the Tenant upon whom A B entred and infeoffed the grandfather of the Plaintiff whose Heir he is in Fee who dyed seized and the Land discended to the Plaintiff so he was in in his Remitter until by the Defendant disseized And in truth A B never entred nor never infeoffed the Grandfather and yet 't was held cleerly that the Tenant in his barr to the title cannot traverse the Feoffment of A B but ought to traverse the dying seized of the grand-father of the Plaintiff which remitted him for this binds the entry of the Tenant and is the most notable thing in the title 4 E 6. B Travers per 154. Trespas The Defendant said that I was seized and infeoffed him and gave colour The Plaintiff may say that H was seized and leased to I at will who gave to the Defendant and R re-entered and infeoffed the Plaintiff he ought to say without that that I was seized in Fee modo forma pro ut c. Time E 6. B Travers per 217. the end Place not traversable See Tit Attaint Treason A Chaplaine had affixed an ancient seale to a Patent of non-residenee made by himselfe of the part of the King and was imprisoned in the Fleet for it And 't was holden misprision and no Treason by the Justices and he escaped and was not put to death for 't was said That because he did not counterfeit the Kings seale but tooke an ancient seale this is not Treason 37 H 8. B Treason 3. the end 5. Note that in January this yeere H Howard Earle of Surrey sonne and Heir apparent of Thomas Duke of Norfolke was attainted of high Treason for joyning the Armes