felony ib Removing of the prisoner out of the Kings bench to the Countrey 78 A man takes the Church and will not abjure ib Church serves for forty dayeâ— 79 Abjuration and day to doe it ib Sanctuary pro vita hominis ib Grant or prescription to have Sanctuary for debt good and where not 80 Church suspended ib Church and Sanctuary ib Abjuration discharges felony ib Abjure for petty larceny ib Judgement of life and member is felony ib Corporations Fail of the name of corporat ex parte quer ex parte def diversity ib Quere 81 Abbie extinct ib Quere ib Creation and gift in one patent ib Patent to two intents ib Costes 71 Costes in a Quare impedit 72 Penalty given by Statute ibid Nonsuit ib Defendant shall have costs by Statute ib Covenant 72 Covenant without words of Covenant for him his heirs and execut ib Coverture 73 Deed inrolled by a feme cover by the common Law and by custom diversity 73 London ib Count 73 Count against the tenant and prayee in aid 73 Court Baron 74 T is no Mannor without Suitors ib Where Steward or under Steward may let by copy and ècontta ib Quere ib Customs 74 Custom per tot Angliam and Custom in a City or County Diversity 74 Damages 76 Damages abridged and increased upon inquest of office ib Contra upon issue tried betwixt parties ib Costes ib Where attaint lies where not Default Default after réceit 76 Demurrer 77 Demur upon office ib For what tenure livery due to the King ib Misrecital of a Statute 77 Denizen See Tit Alien 77 Denizen and Alien ib King cannot alter his Law by his Patent ib Escheat ib Deputie 78 Office assigned over 78 Detinu Debt 78 Debt upon Indent of Covenant in which are words obligat ib Where payment is a good plea in Debt without acquittance or writing ècont Shewing of deed ib Once barred upon an obligation t is for ever ib Debt for release ib Devise 80 Testament by a feme covert by assent of the husband ib Countermandable after her death ib Devise by the husband to the wife ib Estate for life by intent and devise good by implication ib Devise to a common person in London and devise in Mort. in London Diversity 81 Where survivor shal not hold place in a devise ib In feodo simplici ib Where all the executors shal sel and where one may ib Quere ib Devise that his executors shal sel post mortem I. S. 82 Devise that the Feoffees shal make an estate where he hath no Feoffees ib Sale of Land by executors after disseism recovery 82 Fine levied or discent 83. Title of entry and right of entry diversity ib Where the property is devised and where the occupation diversity ib Devise the occupation ib Devise that every one shal be heir to the other ib Words to make a remainder 84 Devise to do at his pleasure ib Where the heir may waive a devise and ècontra Discent ib Diversity ib Devise tols a discent and no remitter 85 waive devise ib Divorce 85 Acts executed before the divorce ib Diversity ib Cui ante divorcium ib Discent 86 Remainder to the right heirs ib None can be heir to a man attaint ib Gavelkind ib Diversity ib Casus Sir John Hussey 87 Ouster l' main ib Heirs males name of purchase ib Treason 88 Diversity where the ancestor hath some estate where not ib Remainder 89 Remainder ib Remainder ib Remainder in abeyance 90 Remainder Heredibus Mascul de corp rectis hered Diversity ib Discent to an heir in ventre mirs ib Recovery against Tenant in tail the reversion in the King ib The King tenant in tail cannot discontinue by grant by patent 91 So t was determined in the case of the Lord Barkley ib Discontinuance of proces 92 Diversity betwixt discontinuance and parol saus jour ib Dismes Tythes 92 Lay man shal pay Tythes for spiritual land otherwise of a man spiritual ib Disseisor 93 Lease of land of another man ib Commander is a disseisor ib Distress Pound overt ib Pound breach ib Done Gift 94 What passes by words omnia terras tenementa ib Gift of a Chattel by the King ib What passes by grant of omnia bona ib Dower 95 Dower of a rent reserved upon a lease for years and for life ib Judgement cesset executio ib What Joynture shal be a bar of Dower and what not ib Devise by the husband to the wife ib Dum non fuit compos mentis 96 Fine levied before a Judge off non saue memory and a gift of an office by him diversity ib Ejectione Custod 96 Ejectione custod of a rent before seisin ib Contra of land ib Enquest 97 Where a Peer of the Realm is party Knight shal be in the Jury ib Quere ib Enquest taken de bene esse ib Enquest recharged after Verdict ib Entre Congeable Lawfull Entry 97 Land given habend to the grantee and â—eâ—â—ditâ—pro termino no vita ib Where he in reversion shal falsifie recovery had against tenant for life where not 98 Aid prayer of a stranger is cause of forfeiture ib Entry Lawfull where not ib Recovery against Cestuy que use in tail ib Recovery against Cestuy que use in tail 99 And the entry of the feoffes tolled ib Use in tail ib Quere 100 Equity ib Exposition of a Statute ib Fine by ten in tail in use or possession ib Casus Wimbish ib Recovery void 101 Averment ib Recovery upon a true title falsified ib Covin ib Entry or distrain upon the Patentee of the King contras upon the King ib Who shal travsere an office ib Entry by a purchasor of a reversion for condition ib Equity ib Error 103 Teste misordred in a writ ib Escape First Sheriff suffers the escape and retakes and the second Sheriff suffers him to escape again ib Escheat 104 Foundership escheated or forfeited ib Heir ib Writ of escheat where the Tenant died not seised ib Right of entryâ— escheat ib Acceptance ib Disseisor 10 Diversity ib Acceptance ib Alience ib Essoigne Essoign upon the vJew or voucher ib Error ib Diversity ib Estates Casus Sir T. Lovel heredib mascul by Patent of the King and in grant of a common person diversity 106 Estate in fee during the life of I. S. ib Grant or Feoffment and devise diversity ib Diversity ib Tail executed by reason of an immediate remainder 107 Deviâ—ee shal have fee without words heredibus or imperpetuum ib Estoppel Prescription gon by acceptance of a grant ib Who shal plead a Record for estoppel ib Privity 108 Respit of homage by 2. ib Livery ib Partition ib Lease confessed and avoided ib A man makes a fine upon an indictment of extortion or trespass and after pleads not guilty 109 The entry in making a Fine ib Protestation ib Estoppel by pardon pleaded ib Quamdiu lease for years of his own land shall be an estoppel ib Stranger 110
such will is made and some of the Executors refuse and the other prove the Testament those or he which proves the Testament may sell by the Statute B. devise 29. 31. where t is expressed that t was doubted at Common Law if the sale by one executor were good or not B. Devise 31. And by some where a man wills that the Land shall be sold post mortem I. S. by his Executors and makes four Executors and dies and after two of the Executors dies and after I. S. dies there the two Executors that survive may sel for the time is not com til now 30. H. 8. B. Devise 31. T was said that Baldwin Shelley and Montague Justices determined for Law That where a man hath Feoffees to his use before the Statute of uses made 27. H. 8. and after the same Statute and also after the Statute of 32. H. 8. of Wills he wills that his Feoffees shall make an estate to W. N. and his heirs of his body and dies that this is a good Will and devise ratione intentionis c. 38. H. 8. B. Devise 48. the end If a man devises his land to be sold by his Executors and dies the heir enters and after is deseised yet the Executors may sell and the Vendee may enter B. Devise 36. Entre congeable 134. the same Law if the heir suffer a Recovery or levies a Fine And the same law by some where a man disseises the heir dies seised and his heir enters the Executors shall sell and by the vendee may enter for he hath no right nor no action is given to him for he hath but a Title of entry by the sale and therefore he may enter for otherwise he hath not any remedy by Hales Justice 1. E. 6. B. Devise 36. Agreed for good Law that the occupation of a Chattel may be devised by way of Remainder but if the thing it self were devised to use the Remainder is void for a gift or devise of a Chattel for an hour is for ever and the donee or devisee may give sel and dispose it the remainder depending upon it is void Time H. 8. B Devise 13. the middle Where a man devises that W. O. shal have the occupation of his plate for term of his life and if he dies that it shal remain to I. S. this is a good remainder For the first hath but the occupation the other after him shal have the property 2. E. 6. B. Devise 13. the end Note if a man hath issue 3. sons and devises his Lands S. one part to the two of his Sons in Tail and another part to the third son in Tail and that none of them sell any part but that every one shal be heir to the other dies that in this case if one dies without issue his part shall not revert to the eldest son but shall remain to the other son for these words That every one shall be heir to the other implies a Remainder because that t is a Will which shal be intended and adjudged according to the intent of the Devisor 7. E. 6. B. devise 38. Done 44. A man Devises his Land to another for to give sell or to do with it at his pleasure this is a Fee-simple for his intent shall be taken to give a Fee-simple 7. E. 6. B. Devise 38. Note by Bromley Chief Justice and others where a man Devises his land to a stranger for Term of years the Remainder to his son in Fee and dies the son may waive the Devise and claim by discent and yet he shall not avoid the Term No more then where a man Leases for years and dies the Lease is good and yet the dying seised is good also to toll the entry B. devise 41. And B. seems where the Father devises to his son and heir in Fee that the heir may waive the Devise and take himself to the discent â— Discent 4. Contrary where the Father Devises to his son in Tail the remainder to a stranger in Fee there the Heir shall not claim in Fee nor waive the Devise for the loss and prejudice of him in remainder in Fee 2. M. 1. B. Devise 41. Tenant in Tail of Land Devisable discontinues in Fee and retakes in Fee and Devises to a stranger in Fee and dies the issue in Tail is remitted for nothing is discended to him by reason of the Devise which Tolls the discent except that the Devisee waives it 4. M. 1. B. Devise 49. Remitter 52. Divorce What divorce may Bastardize the issue what not See Title Bastardie Note for Law That where the husband and wife are divorced where shee is an Inheritrix yet mean acts executed shall not be reversed by the divorce as waste receit of Rents taking of Ward presentment to a Benefice gift of goods of the wife otherwise of inheritance as if the husband had discontinued or charged the land of his wife cui ante Divorcium lies The same of a release of the husband or Manumission of villains or the like And if the husband and wife purchase joyntly and are disseised the husband releases and after are divorced the wife shall have the Moytie though there were not Moyties before the divorce for the divorce converts it into Moyties 32. H. 8. B. Deraignment 18. Discent If Land be given for Term of life the Remainder to the right heirs of W. N. which W. N. is attainted of Felony and dies and after the Tenant for life dies the Remainder shall not take effect nor none shall have the Land for he hath not heir ratione attincturae And though all be a name of purchase yet none can take it but he which is heir B. Discent 59. Done 42. And where Land in Gavelkinde is given to one for life or in tail the Remainder to the right heirs of W. N. who hath issue 4. sons and dies and after the Tenant for life or the Donee dies the eldest son shal have the land for he is right heir at Common Law this is a name of purchase which shall be ordered by the Common Law But otherwise of discents to heires in Gavil kinde for then it shall goe to all the sons 37. H. 8. B. Discent Done 42. Nosme 6. Note that Sir John Hussey Knight enfeoffed certain persons in fee to the use of Anne his wife for terme of her life and after to the use of the heirs males of his body and for default of such issue to the use of the heires males of the body of Sir William Hussey his father and for default of such issue to the use of his right heires and after had issue William Hussey the elder and after Sir John was attainted of Treason 29. H. 8. and put to execution and after Anne died and the said William Hussey the son prayed an Ouster l'main of the King And by Whorewood the Kings Attorney he
there were but one in the Deed then it shall be referred to the one only But in a Devise 't was said by some that the words afore are a Fee-simple Contrary in a Gift and Feoffment for the one shall bee taken by intendment the other not 31 H 8. B Estates 4. A man gives land to a Husband and Wife for terme of their Lives diutius eorum vivent the remainer to the Heirs of their bodies this is a taile executed by reason of the immediate remainer notwithstanding the words of the Statute quod voluntas Donatoris in omnibus observetur by all the Justices 35 H 8. B Estates 78. By opinion in the kings Bench If a man deviseth his Land to W N solvend ten pound to his Executors and dies the Devisee hath a Fee-simple by reason of the payment without words Heredibus or in perpetuum and this shall be intended the intent of the Devisor The same Law if a man sell his Land to W N for twenty pound this shall be intended a sale in Fee-simple without words Heirs for Conscience c. est equum bonum which is a ground in every Law 4 Ed 6. B. Estates 78. Estoppell If a man hath Liberties Rent Common or the like by prescription and after takes a grant thereof of the King by Patent or of another by Deede this determines his prescription by conclusion B Prescription 102. Estoppell 210. for Writing shall determine Contracts and matter in Fait 33 H 8. B Prescrip 102. 'T was agreed that a stranger to a Fine or Recovery shall not pleade it for Estoppell contra If hee claim the same Land under the Fine or Record by those which were parties or claims the same Estate or part of it and that this estate continues for then he is privy in the Per 36 H 8. B Estoppell 216. the end If two joyn-Tenants are which hold of the King in chiefe and the one releases to the other in Fee and after both respit Homage in the Exchequor by this he which released hath gained the moity by conclusion as it shall be where two joyne in suite of livery out of the hands of the King where the one hath nothing by the opinion of some And the same of Partition by two where the one hath nothing 37 H 8. B Estoppell 218 Note that a man which Leases by Deede poll for yeeres or by Parol may avoid this Lease to say That hee had nothing in the Land tempore dimissionis Contrary Upon a Lease by Indenture for this is an Estoppell 38 H 8. B. Estoppell 8. If a man Indicted of Extortion or Trespasse puts himself upon the grace of the King and makes a Fine and after the party sues him for it by Bill or Writ and he pleades Not Guilty hee shall have the Plea and the making the Fine to the King shall not estop him for there the Entry is quod petit se admitti per Finem and doth not confesse it precisely and therefore no Estoppell Yet B seemes to make the Fine by protestation that hee is not guilty and then 't is all cleere Time H 8. Estoppell 82. A man pleads a Pardon of the King in the Exchequer for alienation without License where the Land is not holden of the King in capite This is an Estoppell to him to say after that He doth not hold in capite 7 Ed 6. B Estoppell 222. By Hales and Montague If a man Leases to N his own Land by Deed intended the Indenture is no Estoppell but during the Lease and not after Casus B Estoppell 221. Estranger A is bound to B in a 100. l. and B makes a Defesance to W S That if W S payes 40. l. that the Obligation shall be void This is worth nothing per opinionem because that A that should plead it is a Stranger to the Deed But where two are bound to me and I make a Defesance to one this shall serve the other to plead if he can shew it as in Trespas against two a release to one shall serve the other if he can shew it 34 H 8. B Estranger al fait 21. Estray If a man takes Beasts as an Estray and keeps them three quarters of a yeer and after they stray from him and another happens on them the first Lord which kept them for three quarters cannot take them again because that he had no property in them till hee had kept them a yeer and a day and Proclamation passed in the two next Market Towns and two Market dayes the one in the one Town and the other in the other for the possession of the second Seizor is good against him who hath no property 33 H 8. B Estray 11. Executions Note by Fitz and the Court If a man recover in a Writ of Annuity he shall have a Fierifacias of the Arrearages incurred within the yeer and a Scire fac after as soon as the Annuity is Arrear and never a Writ of Annuity again for 't is executory and the same Law of an Action and Judgement upon composition which is executory de tempore in tempus and the like And in every Scire fac in which he recovers after the first Judgement he shall have execution of the Arrearages within the yeer by Fiere fac for every one is founded upon the Judgement 23 H 8. B Executions 119. Scirefac 213. By the whole Court in the Common-Bench If two are bound in an Obligation conjunctim divisim the Obligee impleads the one and hath execution of his body and after impleads the other and condemns him hee may have execution against him also for the taking of the body is a good execution but 't is no satisfaction and therefore hee may take the other also But if the one satisfie the Plaintiff hee shall not have execution after and therefore this Order That the Plaintiff upon an Obligation shall have but one execution is intended such execution which is a satisfaction and where both are impleaded by one originall by severall Precipes c. 29 H 8. B Execution 132. Scire fac upon recovery of Debt and Damages the Defendant said that once the Plaintiff sued a Capias ad satisfaciend by which the Sheriff had took his body Judgement c. And there 't is said That a Capias ad satisfaciend is not of Record before the retorn of it therefore no Plea Yet B seems the Plea good by the taking of the Body though no Writ bee returned 37 H 8. B Executions 6. Executors 'T was noted by Fitz and others That in an Action of Debt against an Executor 34 H 6. upon an Obligation of his Testators who pleaded not his Deed and found against him the Judgement by the Record was That the Plaintiff should recover of the dead if hee hath any and for that the book at large fol. 24. is reported further in these
B. commission 9. Commission of the peace is made to 4. in the County of N. and after the King makes I. S. Justice of Peace there for term of his life the first Commission is determined B. Commission 10. If Justices sit by Commission and do not adjourn it the Commission is determined And see a Statute where new Commissioners of Gaol delivery may sit upon the Records of the ancient Commission of the Gaol which is determined And when a Commission of Oyer and Terminer is determined the Records of that shall be sent into the Kings Bench but Records of the Justices of Gaol delivery shall remain with the Custos rotulorum of the County And the next Justices of Gaol delivery shall proceed upon them upon judgement of death by the said Statute Quaere if they should proceed by the words to allowance of Clergie or Sanctuary it seems so by the equity B. Commissions 11. Conditions Debt upon an Obligation with a condition to perform all covenants contained in certain Indentures the defendant cannot plead the condition and reherse the covenants and say generally that he hath performed all the covenants without shewing how by the Prothonotaries 20. H. 8. B. conditions 2. If a man devise 20. l. to W. S. to be paid in four years after his death and dies and after the Devisee dies within the four years yet the Executor of the Devisee shall have the Money or the rest of it by suit before the Ordinary in the court Spiritual for t is a duty by the Testament or devise 24. H. 8. B. Devise 27. 45. conditions 187. By Fitz. if a man before the Statute of Tenures had made a gift of Land to one in Fee for to repair a Bridge or for to keep such a castle or for to marry yearly a poor virgine of S. this is a Tenure and not a condition and the Donor may distrain and make avowrie But if a woman give land to a man for to marry her this is a condition in effect and no Tenure which no bodie denied 24. H. 8. B. condition 188. tenures 53. If a man Mortgage his land to W. N. upon condition that if the Mortgager and I. S. repay 100 l. by such a day that he shall re-enter and he dies before the day but I. S. paies by the day the condition is performed and this by reason of the death of the Mortgager notwithstanding that the payment were in the copulative otherwise if it were not in the case of death 30. H. 8. B. conditions 109. By many if a man make a Feoffment in Fee ad intentionem to perform his will this is no condition but a Declaration of the purpose and will of the Feoffer and the heir cannot enter for non performance 31. H. 8. B. conditions 191. If a man be bound in a bond to pay 20 l. the Obligor in whose discharge the condition goes ought to be ready at the place c. all the day and the Obligee may come any time of the day 32. H. 8. B. conditions 192. A man gives land in Tail or Leases it for life or for years rendring rent with a condition of re-entry for default of payment there if he Leases part of the land to the Donor or Lessor or if the Donor or Lessor enter in part of the land he cannot re-enter for the rent arrear after for the condition is wholly suspended for a condition cannot be apportioned nor divided 33. H. 8. B. Extinguishment 49. conditions 193. Debt upon an obligation to perform all covenants contained in certain Indentures t is no plea that he hath performed all the covenants generally S. Quod performavit omnes singulas conventiones inindentura pred specificat ex parte sua perimplend if they be in the affirmative but must shew in certain in every point how he hath performed them B. condition 198. covenant 35. And where in a Covenant the Defendant saies that the covenants are that he shall pay 10 l. by such a day and infeoff him by the same day quas quidem conventiones idem defensoris bene perimplevit this is no good plea for he must shew in certain how he hath performed it 33. H. 8. B. covenants 35. the end Note for Law That Proviso semper put on the part of the Lesse upon the words of Habendum makes a condition otherwise of a Proviso of the part of the Lessor as t is covenanted in the Indenture That the Lessee shall make the reparations Proviso semper That the Lessor shall finde the great Timber this is no condition Nor by some tis no condition when it comes amongst other covenants on the part of the Lessee as t is covenanted after the Habendum and after the Reddendum That the Lessee shall scowre the ditches or the like Proviso semper That the Lessee shall carry the Dung from it to such a field this is no condition to forfeit the Lease for not doing of it contrary if such proviso be put imediately after the habendum which makes the estate or after the redendum Quaere by B. conditions 195. 35. H. 8. If a man Mortgage his land upon defeisance of repayment to re enter and the bargain to be void and the vendee Leases the Land to the vendor for ten years by Indenture of defeisance and further grants to him That if he paies 100 l. infra terminum dict 10 annorum that then the sale shall be void c. and the Lessee surrenders the Term yet the tender of the 100 l. is good within the ten years because that the ten years is certain though the lease is surrendred or forfeited Otherwise if it were to repay infra terminum predict without these words ten years for in the one case the Term S. the Lease is the limitation of payment and in the other case the ten years by Whorewood in his Reading in the Lent B. conditions 203. Defeasans 18. The same law if B. holds certain land for term of ten years of A. and t is covenanted betwixt A. and B. That if B. pay 100 l. to A. within the said ten years that then he shall be seised to the use of B. in Fee and B. surrenders his term to A. and after payes him 100 l. within the ten years there B. shall have Fee for the years are certain otherwise where t is covenanted That if he payes 100 l. infra terminum predict and he surrenders and after payes the 100 l. this is nothing worth for the Term is determined but in the other case the ten years remain notwithstanding the surrender 35. H. 8. B. Exposition 44. T was holden clear in the Kings Bench that where M. and other two are bound to stand to the award of I. N. so that it be made and delivered by the Arbitrators in writing to the parties before Michaelmas they make the award and deliver it to one by Michaelmas
GardJan and Tenant by Stature Merchant ib Jurors take conusance and notice of a thing in another County 33 Place not traversable ib Trespass transitory and Locall diversity 34 Information ib Attorment 34 Where the attornment in the absence of the purchaser shal be good where not ib Quaere 35 Avowry made without attornment and the contrary ib Fine Levied ib Per que servitia ib Where a grant shall be good without attornment ib Attornment necessary where not 36 Attornment upon grant of a reversion of a term ib Diversity ib Whether services pass by Feoffment of the Mannor without Attornment 37 Lease for life and grant of a reversion for years to commence after ib Attorney 38 In what case a man shal make an Attorney what not ib Audita Querela ib Feoff or the heir of the Conusor shal have contribution ib Contra of the Conusor himself 39 Averments see Tit. Pleadings 39 where a man ought to aver that the one and the other are one and not diverse and where ècontra ib Predict serves for an Averment ib Averment upon Avowry 40 Avowry 40 Land charged with two distresses by Dower of part ib Partition is cause of two distresses ib Avowry changed without notice and ècontra ib Sale by Deed inrolled 41 Fine ib Recovery ib Discent ib Quere ib How and in what place notice shal be made ib Que estate in another person ib Diversity ib Avowry upon the land by the Statute of 21. H. 8. cap. 19. and the answer in it 42 His Free hold in avowry for damage feasant ib No seisin and yet ward 43 Limitation in avowry ib Seisin traversed in avowry ib BAR. Bastardy 44 VVHat divorce may Bastardise the issue what not ib Divorce after death ib Battell 45 Before whom bartell shall be made and tried ib Bill 45 Premunire by Bill ib CERCIORARY 46 MIttimus ib Cerciorary to remove Indictments ib Certificate of the Bishop ib Averment contrary to the Certificate of the Bishop ib Challenge 47 Many hundreds ib Challenge ib Charge 48 Charters of pardon 48 For what thing pardon shall serve and for what gift or restitution is necessary ib Pardon before office and after diversity ib Where relation of an office shal not defeat a mean Act ib Pardon of Alienation by Parliament and Letters Patents diversity 49 Amoveas manum ib Intrusion pardoned before office and after office diversity ib Livery ib Full age ib Chattels 49 Remainder of a Chattel devised ib Diversity 50 Chose in Action 50 Thing in Action ibid Thing in Action vested in the King by the Stat. 31. H. 8. ib Thing in Action personal mixt and real 51 Diversity ib Clergy 52 No Clergy in petty larceny 52 Bishop or Metropolitan hath his Clergy ib Laps for the ordinary Metrop and the King ib Bigamus ib Heretik ib Excom ib Jew ib Turk ib Greek ib Roman ib Cecus ib Quere ib Bastard 53 Colour 53 Matter in law ib To the Plaintiff ib To one mean ib To the defendant ib Poss. determined ib Poss. defeated ib Feoff Release ib Fine recover ib Diss. Reentry ib Property ib Upon a bar ib By a mean ib Writ ib Justifie as servant 54 Poss. in Law ib Commission 54 Made Knight after the Commission ib Where one commission shall determine another ib Et e contra ib Diversity betwixt commission of Goale delivery and Oyer and Termyner 55 Justice of the common bench made Justice of the Kings bench ib Kings bench error 56 Justice of the common bench chief Baron of the Exchequer or of Oyer and Termyner or Goale delivery ib Voydence by creation a Bish ib Quere ib Oyer ib Oyer and Termyner ib Peace ib Goale delivery ib Error in pleas 57 Proces or out law ib Justice of Peace made Knight of every commission ib Grant commission diversity ib Commission read or proclaimed ib Notice 58 No such in rerum natura ib Commission unica vice ib Commission determined in part ib Commission in Eyer ib Kings bench 59 Diversity ib Justice for term of life ib Commission determined for want of adiournment ib Where the Records shall remaine ib Conditions 59 Special shewing of the performance of the condition contained in Indentures ib Limitation of payment and not condition 60 Executors ib Ordinary ib Testament ib Tenure condition diversity ib Avowry ib Causa matrimony praelocut ib Condition performed by reason of death Et econtra 60 Ad intentionem is no condition 61 He which will have advantage of a condition must give attendance ib Condition shall not be apportioned ib Conditions performed 62 Where proviso shall make a condition where not ib Quere 63 Infra terminum 10. an infra terminum predict diversity surrender Foreiture ib Reading 64 Defeasans ib Arbitrators ib The reason seems because the submission is conditional ib Acquitted saved harmless and discharged ib Diversity ib Non damnificatus est ib Payment at another place ib Pleading of a condition in the Negative and in the affirmative diversity 66 Condition that the estate shall cease ib Confess and avoid 66 Where a man confesses and avoids there he shall not traverse ib Confirmation 67 Bishop charges with the assent of the Dean and Chapter ib Misnamer ib Sigillura ib Relation 68 Where a confirmation shall be 〈◊〉 by the Bishop Dean Chap Et e cont ib Interest and judiciall power diversity ib Patron hath Fee ib Where the conformat of the new King is necessary where not 69 Franchise ib These words for him and his heirs in the grant of the King ib Et è contra ib Conscience 70 Subpena to execute an estate ibid Vendee shall have see without words heirs ib Continuances ib Imparle to a day in the same term in a common recovery ibid Contract 71 Contract cannot be divided ib Obligation determines contract ibid Diversity ib Corone Crown 72 A man pleads not guilty and after pleads pardon ib Felon after judgement had the priviledge of the Church ib Attainder by premunire and attainder of felony diversity ibid Woman with child shall not have the benefit of her belly but once ib Woman bigg judg'd to be burnt 73 Indictment ib Appeal ib Who shall be said principall ib A man killed at sword and buckler or at justing 74 Indictment in the time of one King shall serve in the time of another ib Certiorari ib Indictment not discussed pending the commission of Oyer and Terminer ib Cerciorari mittimus ib Indictment before Justices of Oyer c. and before Just. of Gaol delivery diversity ib Burglary 76 Burglary ib Clergy of the principal shal not serve the accessary ib Acquit as accessary and after arraigned as principal ib Woman abjured 76 Accusation in case of Treason and misprision ib Tryal of treason by the common Law ib Tryal of petty treason 77 Civil Law ib Witnesses and Accuser diversity ib Challenge ib Abjure for treason ib Quere ib Tryal of
ancestors death ib Writ of ward without seisen infra tempus memoriae Tenure traversable 156 No seisen and yet ward 157 Assent and dissent to marriage ib Divorce ib Ordinary ib Warde and marriage 158 Tenure ib Two Joyntenants and the heir of the one in ward living the other ib Garranties Warranties 159 Collateral warranty ib Coverture shall not avoide a collateral warranty upon a discontinuance ib Warranty without heirs 160 Warranty to rebut but not to vouch ib General writ 161 General issue ib Things to be pleaded and not given in evidence ib Command ib Common ib Rent 162 Licence ib Lease for yeers and at will diversity ib Manumission in deed and in Law diversity ib Not escaped pleaded and not arrested given in evidence 163 Grants 164 Office of charge and of profit diversity ib Ousting the officers ib Quere 166 Grant void for incertainty 137 Diversity betwixt grant and devise ib Quere ib Lease for life and four yeers over ib What shall pass by grant of lands and tenements or omnes firmas ib Ejectione Firme bi HARIOTS 138 HAriot custome and service diversity ib Detinue ib Heresie 138 Where a writ de haeret comburend shall issue where not ib Abjuration 139 Diversity ib Homage see Tit-Fealty 139 IDEOT 1â—0 IDeot and unthrift diversiverty ib Imprisonment 140 Incident 140 Court Baron incident to a mannor Pipowders to a Faire ib Grants 141 Recovery of a rent service good titie to homage and fealty ib Indictments 141 Indictment of death and poysoning ib Justice indicted ib Diversity ib Alter trespas in felony ib Intrusion 142 Relation of an office diversity ib Where pardon of Intrusion excuses the issues livery c. where not ib Diversity 143 Joyntenants 143 Where successive holds place where not ib Habendum ib Reentry by two or against two where the one dyes 144 Journeys accompts 144 Judggment 145 Nonage saves default ib Recovery against an infant by default and by action tried diversity ib Where a man shall be restored to his first action and where he shall have error c. ib Recovery of land in one County which lies in another ib VJew 146 Intendement ib Assise in N. and recovery pâ—eaded in H. ib Condition determined by judgement 147 Judgement given with original ib Issues joynes Issues joyned 148 Action upon the case upon an assumpsit ib Special verdict where the issue is upon an absque hoc ib Americiament ib Issue found in part diversity ib Preignancy ib Issue in wast ib Americiament 149 Issues retornes Issues retorned 159 See Tit. intrusion Debate of tithes betwixt lay persons ib Spiritual Court ib Tryal of a thing ultra mare 150 Jurors 150 Jury took a scroule not delivered to them in Court ib LEET 150 PAin in the Leet for redressing anusance forfeited by presentment ib Where the Lord shal have debt upon a pain in a Leet and where distrain for it 151 Leet of the torne of the Sheriff ib Exposition of a Statute Leases 151 Void lease ib Acceptance by the successor of a Parson upon a lease for years for life diversity ib Lease during a lease 152 House ib Averment ib Lease for life by a Parson and lease for years diversity Lease determined for a time and yet good after ib GardJan in Chivalry nor Lord by escheat shal not ouste the Lessee 153 Lease for life and lease for years after ib Convenit ib Concessit ib Dimisit ib Locavit ib Acceptance of rent by the successor of a Parson 154 Parson shal not have a writ of right ib A man leases for twenty years and after leases for fourty years ib Lease of a Bishop ib Dean 155 Parson ib Prebend ib Confirmation ib Habend after such a lease ended where there is no such lease ib Lease of a Prebend Equity ib Lease for yeers before livery sued 156 Relation of office ib Where the wife shall lose her Dower ib Lease till a hundred pound be paid ib Diversity ib Lease by a Bishop not sacred and by a Bishop deprived diversity ib Confirmation 157 Lease till he hath levyed 20. pound ib Where the one Feast is put before another in a Lease ib Ley gager Law wager ibid Law in detinue of an Indent of Lease ib Law lies not in a Qâ—o minus ib Licences ibid Contra formam collationis 158 Lieu place ibid Scire facias upon a recognisance ib Limitations ib Copyhold 159 Livery ib Where ward because of ward shal not sue livery but ouster l' maine Seiginory revived by suing livery ib Where livery shal be of Dutchy land where not 160 General Livery and special diversity ib Mannor purchased by the King shall be in him as in the grantor ib Livery Primer seisin ib Garde 161 Ouster l'main ib Where a man shall hold of the King as of his person and yet not in Capite Et ècontra ib Extent of Livery and of intrusion diversity ib Attainder of Cestui que use by Parliament and of attainder of a sole Tenant by the Common-law diversity ibid Exposition of a Stat. 162 Livery by the heir during a leas or devise for years ib Where a man shall sue Livery where not ib What is Livery what Ouster l' main 163 Livery of Soccage land ib Tenure of the King in Knights Service and in Capite diversity ib Soccage in capite and Knights service in capite diversity 164 What Livery is ib What Primer seisin ib Livery in Wales and County Palatine ib Primer seisin of cestui que use 165 Will not performed ib MAINPRIZE SVrety upon arrest in London ib Priviledge ib Procedendo ib Revivings ib Where surety upon a Bil in Banco regis is discharged where not ib Repleader ib Power of the Justices of the Gaol delivery 166 Maintenance ib Maintenance by him in remainder or reversion ib Sale where he hath not been seised by a year ib Statute expounded Mannor 167 Making of a Mannor ib Court Baron ib Suitors ib Misnosmer misnamer 168 Statute avoided by misnamer ib Monstrans de faits Shewing of Deeds ib Shewing of Deeds and Records ib Mortdauneester ib â—eoffment to two and the heir of the one ib Mortdauncester ib Discent of reversion Dower ib Forfeiture Feoffment Right ib Mortmain ib When a remainder is granted in Mortmain and when a reversion diversity ib Claim ib Remainder waived Vse ib Appropriation without licence is Mortmain ib Lease for 300 or 400 years is Mortmain ib Otherwise of a covenant for so many years ib 99 or 100 is not Mortmain years ib Mortmain ib Deseisin and discent takes not away the entry of the Lord for Mortmain ib NONABILITIE ib Obligation for usury ib Conclusion ib Non suit King nonsuite ib Nonsuit upon demur ib Nontenure a good plea in an attaint for a stranger contra for a privy ib Where non Tenure shall be a good plea in attaint where not ib Entry in attaint after the last continuance ib Nonse name 214 Where a
Termor where land is recovered against him and the Lessor because they lose not any Free-hold and because that they are acquitted by W. Whorewood the Kings Attorney Yet by B. t is not reasonable where they are named and lose their interest yet it seems to him that he that is acquitted shall not have an attaint but if they are found disseisors they shall have an attaint by him Time H. 8. B Attaint 82. the end Note For Law where Trespass of battery goods carried away or a writing broken which are transitory is done in one County yet an action may be brought in an other B. Attaint 104. And so t was agreed in Trespass in London of breaking of at D. in London where indeed D. was in the County of E. for these are not local B. Lieu. 65. And therefore in Trespass transitory the place is not issuable nor traversable No more then in Trespass upon the case upon a promise and these may be continued B. Traverse c. 283. And in those cases the Jury of another County may take Conusance thereof but is not bound to it but if they take Conusance attaint lies not Otherwise of Trespass of Trees cut or Grass trod which are local and shall be brought in the proper County 2. Mar. 1. B. Attaint 104. Jurors 50. Note T is said that upon an Information for the King which passes upon the issue tried the King nor the informer shall not have an attaint for the informer is not fully party And when the Defendant hath answered the Kings Attorney replies for the King and after no further mention of the informer and therefore neither the one nor the other shall have an attaint 4. Mar. 1. B. Attaint 127. Where an attaint lies where not See Tit. Dammages And Tit. Fanxifier Attornment Note That Attornment may be made by Tenants to the Lord in his Court to the Steward in absence of the Lord or purchasor But Attornment to the servant of the purchasor out of Court and in absence of the Purchasor is not good but by payment of one penny for every Tenant to the servant of the Purchasor and in his absence in name of Seisen of their several Rents is a good attornment for a servant may receive Rent for his Master Quaere If no Rent then is due nor the rent day come 28. H. 8. B. Attornment 40. T was agreed That where Land is fold by Deed indented and inrolled according to the Statute of 27. H. 8. c. 10. there because the use is changed by the bargain and sale by the said Statute and the buyer in possession and hath no means to compel the Tenant to attorn there he may distrain and avow without attornment Otherwise upon a grant by Fine for there he may have a Writ of Por quae servitia 30. H. 8. B. attornment 29. the end Note That if a man hath Common of Pasture to a certain number or Common of Estovers to a certain number of Carts and with Grant them over they pass without attornment because they are not to be taken by the hands of the Tenant but by the mouth of beasts and by cutting and carrying So see that when no attendancy nor payment is to be made by the Tenant there the thing passes without attornment 31. H. 8. B. Attornment 59. See by Whorewood the Kings Attorney where a man Leases for forty years and after Leases the same Land to another to have from the end of the first Term for twenty years this needs no attornment otherwise where he grants the Reversion as afore there ought to be attornment Quaere and see after And if a man Leases for ten years and after Leases to another for twenty years this is good for ten years without Attornment otherwise if there were a word of Reversion 37. H. 8. B. attornment 41. A man Leases Land for twenty years the Lessee Leases over for ten years rendring Rent and after grants the Reversion of the Term and Rent to a stranger this shall not pass without attornment by reason of the attendancie of the Rent otherwise if no Rent were reserved upon the second Lease for ten years for then there is no attendancie to be made nor action of Waste nor the like to be brought For as B. seems attornment is not necessary but to have avowry or an action of Waste 2. E. 6. B. attornment 45. See by Mountague chief Justice and Townsend That by a Feoffment of a Mannor the services pass without attornment of the Free-holders But B. seems that the Tenants ought to attorn 4. E. 6. B. attornment 30. Note If a man let a house and 200 acres of Land for Term of life and after grant the Reversion to another to have the said House Land and Tenements a Festo Sancti Michaâ—lis prox-post mortem vel determinationem interesse of Tenant for life for twenty one years then next following the Tenant for life dies before attornment yet the grant of the Reversion is good because that the words in the Habendum of the house and land is intended to be a Lease and a Rent was also reserved upon it and so a good Lease without attornment By Brown Sanders and Stamphord Justices Yet by B. Chief Justice t is but a Grant of a Reversion and no Lease but yet the grant is good without attornment because that t is to Commence after the death of Tenant for life so that the Tenant for life shall not be attending to the Grantee nor shall he avow upon him nor have an action of Waste or the like by judgment of the Court. 3. Mar. 1. B. Attornment 60. Leases 73. Attorney In these Cases a man shall not make an Attorney except in special case viz. Attaint Premuniri Appeal Per quae servitia Quid juris clam Quem redd reddit Nor in assigning of Errors nor at the Plures in case of contempt nor the Tenant in a Cessavit upon tender of arrearages Nor the pray' to be received in a Pr. quod redd Nor in an assise nor in an attachment Nec contra finem levat nor in any case where the Defendant shall be imprisoned Audita querela A man seised of 20. acres is bound in a Statute Marchant and makes a Feoffment of 15. to several persons and Execution is sued against one of them he shall have an Audita querela upon his surmise to have the other Feoffees to be contributory with him But if execution be sued against the Conusor himself he shall not have such contribution for this is upon his own act B. Audita querela 39. Yet if the Conusor dies and the Conusee sues Execution against the heir he shall have Contribution of the Feoffee So every of them shall have of the heir 25. H. 8. B. Audita querela 44. the end Averments See Tit. Pleadings Note Where a man pleads a recovery by a strange
and cannot finde the other by the day this shall not binde the others to whom t was not delivered And the reason B. seems because that in this case they might have made 3 parties and have delivered to every party one 37. H. 8. B. conditions 46. the end T is said by the Court in the Kings Bench in Debt upon an obligation to keep without dammage S. harmless where the Defend pleads that he hath saved him harmless t is no plea without shewing how for he which pleads a discharge or saving harmless ought to plead it certain when he pleads in the affirmative Otherwise where he pleads in the negative for if the Plaintiff be not dempnified he may plead quod non damnificatus est generally 37. H. 8. B. conditions 16. 198. in finibus If a man be bound in an Obligation to pay 10 l. 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 B. conditions 206. And t is said in debt upon an obligation to acquit save without damage quod non damnificatus est is a good plea for t is in the negative and therefore good without shewing how but where he pleads that he hath kept him without dammage in the affirmative he shall shew how 38. H. 8. B. Conditions 93. the end If a man let land for term of life upon condition that if he doth not go to Rome by such a day that his estate shall be void and the lessor grants the reversion over the Tenant attorns and after he doth not go yet t is not void till entire by Bromley chief Justice 2. M. 1. B. Conditions 245. the end Confess and avoid Replevin the defendant said that B. was seised in fee and leased to E. for 40 years which E. granted his interest to the defendant 38. H. 8. by which he was possessed and distrained for damage feasant the plaintiff said that the same E. 28. H. 8. granted his interest to him he shall not traverse the Grant 38. for hee hath confessed and avoided it by the eldest grant obtained 2. E. 6. B. Confess and avoid 65. Confirmation Bishop charges or grants an office with the assent of the Deane and Chapter and dyes this is worth nothing by some for it ought to be confirmed by the Dean and Chapter And this fell out in the grant of the Stewardship of the Bishop of London betwixt Aldred Fitzjames and John Edmunds of the middle Temple where the Bishop granted the Stewardship of his lands to A. F. by the assent of the Dean and Chapter and died by which the grantee lost the office as t is said because the Dean and Chapter had not confirmed it yet more was in the grant of the Bishop as Misnosmer and the like for the said A. F. was named Etheldredus where it should be Aldredus and so he was misnamed Also there was a default in the Seale B. Charge 58. Confirmation 30 And also the Deed was Quod sigillum nostrum apposuimus which may bee referred to the Bishop onely and not to the Bishop Dean and Chapter And therefore by more to this day the grant was avoided for these causes and not for the other cause and so a grant with assent of the Dean and Chapter with all perfections is good 33. H. 8. B. Confirmation 30. the end If the bishop be patron and the parson makes a lease or grant by deed there the Bishop patron and the ordinary and the dean and chapter ought to confirm if the grant or lease shall be sure otherwise where a lay man is patron in fee and he and the ordinary confirmes this suffices without the dean and chapter for in the first case the Bishop patron hath an interest in inheritance to the Bishoprick But in the other case he hath but a judicial power therefore it suffices that he who hath the power at the time c. confirmes for t is a judicial act But in the other case it bindes the inheritance which he hath in jure Ecclesiae which he cannot do against his successor without confirmation by the dean and chapter 33. H. 8. B. Confirmation 21 Charge 40. Leases 64. Patet hic that the patron ought to have a fee simple and this juri proprio because of the dean and chapter to be joyned with the Bishop where he is patron B. Charge 40. Note that if the King for him and his heires grants Catalla felonum fugitivorum or the like which lie in grant and dies the grantee needs no confirmation of the new King But if it be a fair or market or the like and t is abused or misused as it may be or if it be a judicial or ministerial office or power as to be a Justice of peace Escheator or the like there he ought to have a confirmation of the new King B. Confirmation 19. 29. yet B. seems that the grant of a thing which lies in grant is good clearly without these words for him and his heires But of warranty covenant Annuity or the like there he ought to make it for him and his heirs 33. H. 8. B. Confirmation 19. Conscience If a man buyès land and the vendor executes an estate to the vendee Habendum sibi imperpetuum without words of heires where the intent of the bargain is to pass a fee simple and the vender upon request refuses to make other assurance there lies a writ of Subpaena 32. H. 8. B. Conscience 25. Audely Chancellor of England held clearly that if a man sell his land before the Statute of Uses this shall change the use of the fee simple And the same Law of a sale by Indenture by the Statute of 27. H. 8. without words heires Time H. 8. B. Conscience 25. the end Continuances Note that in the common recoveries by sufferance for assurances the Tenant tenders issue the demandant may imparle to a day in the same terme and then the Tenant is demandant and retracts and judgement is given for the demand against him and after the Tenant over in value upon the vouchee c. Regulae 22. H. 7. B. Continuances 69. Contract A man sells a lease of land and certain cloath for 10 l. the contract is intire and if the one of these were by defeasible Title yet the vendor shall have the intire summe though the one part were devested from the vendee for contract cannot be severed 24. H. 8. B. Contract 35. If a man be indebted to me upon contract and after makes to me an obligation for the same debt the contract by this is determined for in debt upon the contract t is a good plea that he hath an obligation for the same debt So if the obligation be made for parcell of the contract which is intire 3. H. 4. 17. But if a stranger makes an obligation to
plena curia Contrary if he doth it out of Court without such authority Yet the high Steward may demise customary land by copy out of Court by some Quaere thereof by B. if he hath not a special authority from the Lord to demise 2. E. 6. B. Court baron 22. Tenant by copie 26. Customs Information in the Exchequer against a Merchant for lading Wine in a strange Ship the Defendant pleads the licence of the King made to I. S. to do it which I. S. had granted his authority thereof to the Defendant quod habetur consuetudo inter mercatores per totam Angliam that one may assigne such a licence over to another and that the assignee shall enjoy it c. to which t was demurred in law and t was agreed for law That a man cannot prescribe a custom per totam Angliam for if it be per totam Angliam this is the Common law and not a Custom contrary if the custom had been pleaded to be in such a City or County as Gavelkinde Borrow-English Glocest. Fee and the like 35. H. 8. B. Customes 59. Dammages NOte in Trespass local That upon an inquest of Office to enquire of Dammages the Court may abridge or increase them But otherwise upon the Principall S. upon issue tryed betwixt party and party but there it may encrease costs For the party is at his attaint but upon an inquest of Office he cannot have an attaint 34. H. 8. B. dammages 144. See Tit. costs Default If a woman be received in default of her Husband and after shee makes default judgement shall be given upon default of the husband and no mention shall be made of the receit Time H. 8. B. default 85. Demurrer Inquisition found that I. S. held certain land of the King ut de honor suo Gloucester which is not in Capite upon which proces issued against W. S. who had intruded c. and to sue Livery and because that this Tenure is not in capite and therefore Livery not due the party demurred upon the record for t is no cause of Livery And where a man declares upon a Statute and recites it otherwise then t is or pleads it otherwise then t is the other may demur upon it for no such Law if it be misrecited 32. H. 8. B. Demurrer in Law 25. Denizen See Tit. Alien Note for Law That where an Alien born comes into England and brings his son with who was born beyond Sea and is an Alien as his Father is there the King by his Letters pattents cannot make the son Heir to his Father nor to any other for he cannot alter his law by his letters Pattents nor otherwise but by Parliament for he cannot disinherit the right heir nor disappoint the Lord of his escheat and the son of an Alien which son is born in England he is English and not an Alien 36. H. 8. B. Denizen 9. Deputie T is said that a Deputation of an Office which lies in grant ought to be by Deed and not by word 28. H. 8. B. Deputy 17. Detinue By Shelley and others if a man meddle with goods as by trover of them he shall be thereof charged though that he deliver them over before action brought 32. H. 8. B. Detinue de biens 1. The end Debt Where Debt lies and where a Scire facias See Tit. Age. Debt upon Indentures of Covenants where the Defendant had Covenanted to do many things and the Plaintiff the like to do many other things ad quas quidem conventiones per implendam uterque obligatur alteri in one hundred pound and the one breaks Covenant by which the other brings Debt and the Defendant pleads payment of ten pound to D. which was all to which he was bound judgement if action and no plea per curiam because he did not shew thereof a Deed where the Plaintiff declared upon the Indenture which is a Deed And yet otherwise in pleading of payment of Rent reserved upon a Lease for years made by Indentures For there he may levy it by distress and therefore an averment may come in ure But otherwise where all rises by specialty where it lies in payment 25. H. 8. B. Debt 173. Debt upon an obligation with Condition where the condition is not broken by which he is barred he shall never sue this obligation again for once barred est pro imperpetuo 29. H. 8. B. Debt 174. Administrator of a Lord brings an action of Debt for relief which fell tempore intestati and the Defendant pleaded in Bar and traversed the Tenure and so at issue And therefore B. seems that the action lies clearly for him for the Defend did not demur so if it be brought by an Executor of the Lord for relief due to the Testitor Rot. 5â—9 in the Common Bench. 32. H. 8. B. debt 193. Relief 11. the ends Devise Not that a Fem Covert with assent and will of her husband may make her Testament and devise the goods of her Husband yet if the Husband prohibit the probat of the Testament of the Wife after her death then all is void For the husband may countermand it B. devise 34. the end Testament 21. the end And a Devise by the husband to his Wife is good though they are one and the same person in the Law for the devise takes not effect till after the death of the husband and then they are not one person 24. H. 8. B Devise 34 T was agreed by all that if a man wills that I. S. shall have in his Land in date after the death of his Wife and dies now the wife of the Devisor by these words shall have the Land for her life by reason of the intent of the Will 29. H. 8. B devise 48. Note That in London a man may Devise by Testament to a common person though the Testament be not enrolled but if he Devises in Mortmain he ought to be a Citizen and a Freeman resident and the Testament oâ—ght to be enrolled at the next Hustings 30. H. 8. B. devise 28. A man Devises to two heredibus eorum and dies and after one of the Devisees dies and the other survives he shall not have the intire by Survivor but onely a moytie for this was the intent of the Devisor by Audley Chancellor of England B. devise 29. and by B. there the end If one devise to another in feodo simplicâ— the devisee hath a Fee simple 30. H. 8. A man wills that his land Devisable shall be sold by his Executors and makes four Executors and dies all the Executors ought to sell for the trust is put joyntly in them Quaere for B. seems That if one or two die that the three or two which survive may sell for there is the plural number Executors and death is the act of God B. Devise 31. and by him where
words and if he have not then de bonis proprijs which words are not in the Record 'T was coÌ„manded by them to mend the Book for 't is contrary to the Record and so mis-reported 23 H 8. B Executors 22. A man makes two Executors and dyes the one Executor makes an Executor and the other survives and dyes intestate the Executor of the Executor shall not meddle for the power of his Testator was determined by his death and by the survivor of the other so that now the Ordinary shall commit the Administration of the goods of the Executor which survived de bonis non Administratis of the first Testator 32 H 8. B Executors 149. A man makes A and B his Executors and wills that B shall not meddle during the life of A and good for he doth not restrain his intire power for he may make one Executor of his goods in C and another Executor of his goods in D and so he may divide the time ut supra 32 H 8. B Executors 155. A man hath a Lease for yeers as Executor B and after purchases the reversion of the Land in fee the Lease is extinct But yet the Lease shall be against the Executor assets by Whorewood and Hales Justices B Extinguishment 54. Leases 63. Surrender 52. And if it shall bee extinct B seems to be a devastavit ad ultim 4 E 6. B Extinguishment 57. the end Exposition The severall exposition of infra terminum 10. annorum infra terminum predict See Tit Conditions Extinguishment If the Abbot and Covent give all their Lands and Possessions to another in fee yet the corporation remains by Fitz Justice 20 H 8. B Extinguishment 35. Lord and Tenant the Tenant is attainted of Treason by Act of Parliament and to forfeit all his Lands and after he is pardoned and restored by another Parliament habend sibi heredibus as if no such attainder nor former Act had been Or if the Heir of him who was attainted be restored by Parliament in such form now the Seigniory which was extinguished is revived and he shall hold of the common person as before and yet once the tenure was extinct by the forfeiture of the Land to the King 31 H 8. B Extinguishment 47. Revivings 8. Tenures 70. Lord and Tenant The Tenant holds by third three Acres of Land the Tenant infeoffs the Lord in fee of one Acre the Seigniory is extinct for the third part and remains for the other two parts but if the Tenant had let to the Lord one Acre for yeers there the Seigniory is suspended in the whole during the term for the Seigniory may be extinct in part but not suspended in part but for the intire 32 H 8. B Extinguishment 48. Where a Condition shall not be apportioned but extinct See Tit Conditions A man hath a Lease for yeers as Executor B. and after purchases the reversion of the Land in fee the Lease is extinct but yet the Lease shall be against the Executor assets by Whorwood and Hales Justices B Extinguishment 54. Leases 63. Surrender 52. And if it shall be extinct B seems to be a devastavit ad ultimum Extinguishment 57 the end But where he hath it as Executor there is a mean Lease in reversion for years and hee purchases the reversion in fee the first Lease remains by reason of the mean remainder B Leases 63. And by Hales If a man Leases to another for ten years and after Leases the same Land to another for twenty years the first Lessâ—e purchases the reversion in fee yet the first Lease is not extinct because that the second Lease which is for twenty years is mean betwixt the first Lease and the Fee-simple which is an impediment of the extinguishment 4 E 6. Extinguishment 57. Where an Action by Entry and Feoffment shall be extinguished See Tit Restor al primer action Faits Deeds NOTE If an Action be sued upon a Deed bearing date at Cane in Normandy 5 Dat apud Cane c. That the Plaintiffe shall count that the Deed was made at Cane in Com Kanc and good for the place is not traversable B Faits 95. the end And also where it truth it was written in Cane 't is suable in England where it beares date at large and at no place certaine But if it bee dat apud Cane in Normandy c. quaere If the Action lyes c. Time H 8. Note That 't was agreed by the Justices that this clause which comes after these words In cujus rei c. Sigillum apposui c. is not any part of the Deede though 't were written before the sealing and delivery 1 M 1. B Faits 72. Faits inroll Deeds inrolled Note that a Deed of Husband and Wife shall not be inrolled in the common Bench except for the Husband only and not for the Wife by reason of coverture Nor she shall not be bound with her Husband in a Statute-Marchant nor the like But if they make a Deed inrolled of Land in London and acknowledge it before the Recorder and an Alderman and the Wife examined this shall binde as a Fine at common-Law by their custome and not only as a Deede and it suffiseth without Livery of Seisin 29 H 8. B Faits inroll 14. 15. A man infeoffs the King by Deede and makes Livery this is worth nothing for the King shall not take but by matter of record But if he inroll the Deed then 't is good to the King without Livery for the King takes not by Livery 29 H 8. B. Faits inroll 16. Feoffments 69. Note by the Justices That where two joyn-Tenants are the one aliens all his Lands and Tenements in D after the Statute of Inrollments and before the Inrollment the other joyn-Tenant dies so that his moitie survives to the Vendor and after the Vendor within the halfe yeere inrolls the Deede yet nothing passes but the Moitie for the Inrollment hath relation to the making and delivery of the Deede so that it shall give nothing but that which was sold by it at the time of delivery of the Deede And by more Justices Where a man sells his Land by Deede Indented to one and after hee sells it by another Indenture to another and the last Deede is first Inrolled and after the first Deed is Inrolled within the halfe yeere there the first Vendee shall have the Land for it hath relation to make it the Deed of the Vendor and to passe the Land ab deliberatione facti for the Statute is That a Free-hold nor use of it shall not passe nor change from one to another by bargain and sale only except it bee by Deed Indented and Inrolled within the halfe yeere Ergo if it bee by Deede Indented and Inrolled within the halfe yeere it shall passe as the use might passe at common Law by sale of the Land which was presently
is taile in possession and therefore quaere if the taile in use cannot be taken by the equity of it yeâ— 't was doubted if the issues and the Feoffees shall be bound after the death of cestuy que use who suffered the Recovery by reason of those words in the Stat of 1 R 3. which will that the Recovery shall bee good against the Vendor and his Heirs clayming only as Heir and against all others clayming only to the use of the Vendor and his Heirs and this is intended by some of a Fee simple And in the case aforesaid the issue in taile claymeth as Heir in taile in use B Feofments to uses 56 the middle yet see the Stat of 32 H 8. That 〈◊〉 Fine with Proclamation levyed or to be levyed by tenant in taile in possession Reversion Remainer or in Use after Proclamation had shall binde â—hose tenants of those tayles and their Heirs for ever And see that the same â—tat is as well for the time past â—s to come 30 H 8. B. Feofments to uses 57. If Covenants and Agreements are â—onteined in Indentures and not uses â—nd 't is Covenanted by the Indentures â—hat A shall recover against B his Land in D to the use of the recoveror â—nd his Heirs and to the uses of the Covenants and Agreements in the Indentures there if he recovers the reâ—overy shall be to the use of the recoveror and his Heirs and not to the uses of the Covenants and Agreements in the Indentures where no uses are in the Indentures But otherwise if uses are conteined in the Indentures â—nd 't is Covenanted That A shall recover to the use of A and his Heirs and to the uses in the Indenture there the recovery shall goe according and shall be executed by the Stat 32 H 8. B Feoffments to uses 58. 'T was agreed by all the Justices upon great deliberation in the case of Mantel Esq of the County of North who was attainted with the Lord Dacres of the South for the death of a man which see Tit Corone that where he at his marriage 31 H 8. after the Stat of uses made 27 H 8. Covenanted That for a 100. l. and in consideration of marriage that hee and his Heirs and all persons seized of his Lands and Tenements in H shall bee thereof seized to the use of his wife for term of her life and after to the Heirs of his body by her ingendred that this shall change the use well enough and very good And by this the Land was saved and was not forforfeited 34 H 8. B Feoffments to uses 16. the end A man purchases Land and causes an Estate to bee made to him and his wife and to three others in Fee this shall bee taken to the use of the husband only and not to the use of the wife without speciall matter to induce it And so see a Woman may be seized to the use of her husband and by him such Feofment was 3 H 7. and intended as aforesaid 34 H 8. B Feoffments to uses 51. A man makes a Feofment in Fee to his use for term of life that after his decease I N shall take the profits this makes a use in I N contrary if he saies that after his death his Feoffees shall take the profits and deliver them to I N this doth not make a use in I N for he hath them not but by the hands of the Feoffees 36 H 8. B Feoffments to uses 52. A man cannot sell Land to I S to the use of the Vendor nor let Land to him rendring rent habend to the use of the Lessor for this is contrary to Law and Reason for he hath recompence for it And by Hales a man cannot change a use by a covenant which is executed before as to covenant to bee seised to the use of W S because that W S is his Cosin or because that W S before gave to him twenty pound except the twenty pound was given to have the same Land But otherwise of a consideration present or future for the same purpose as for one hundred pounds paid for the the Land tempore commentionis or to bee paid at a future day or for to marry his daughter or the like 36 H 8. B Feoffments to uses 54. Note a Recovery was suffered by Graseley of the County of Stafford by advice of Fitz Serjeant and others and he was only cestuy que use in tail and after he died without issue and his brother recovered the Land in the Chancery for at this time 't was taken that a Recovery against cestuy que use in taile should not serve but for term of his life by which 't is not but a grant of his estate Time H 8. B Feoffments to uses 48. the end By Fitz Just if the Feoffees to the use of an Estate taile sell the Land to him that hath notice of the first use yet the buyer shall not be seised to the first use but to his own use by reason of the bargaine and sale for the Feoffees have the Fee simple and therefore their sale is good Time H 8. B Feoffments to uses 57. the middle Note per plures If a man makes a Feofment in Fee before the Stat of uses or after this Stat to the use of W and his Heirs till A pay fourty pound to the said W and then to the use of the said A and his Heirs and after comes the Stat of uses and executes the Estate in W and after A paies to W the 40. l. there A is seised in Fee if he enters yet by some A shall not be seized in Fee by the said payment except that the Feoffees enter B doubts thereof and therefore it seems to him best to enter in the name of the Feoffees and in his name and then the one way or the other the entry shall be good and shall make A to bee seised in Fee and also see by B that a man at this day may make a Feoffment to a use and that the use shall change from one to another by act ex post facto by circumstance as well as it should before the said Statute 6 E 6. B Feofments to uses 30. 'T was holden per plures in the Chancery if a Recovery bee had in which cestuy que use in taile is vouched and the demandant recovers then this shall bind the issue Time E 6. B Feofments to uses 56. the end If a Covenant bee by Indenture that the sonne of A shall marry the daughter of C for which C gives to A a hundred pound and for this A covenants with C That if the marriage takes not effect that A and his Heirs shall bee seised of a hundred and fiftie acres in D to the use of C and his Heirs quo usque A his Heirs or Executors repaies the hundred pound and after C hath issue within age and dies and after the
that Tail may be of a Copyhold and that a Formedon mayly of it in Discender by Protestation in nature of a Writ of Formedon in Discender at common Law and good by all the Justices for though that a Formedon in Discender was not given but by Statute yet now this Writ lies at common Law and it shall be intended that this hath been a custome there de tempore c. and the Demandant shall recover by advise of all the Justices 15 H 8. B Tenant per Copy 24. Where a Stuard or under-stuard may let by Copy e contra See Tit Court baron Note that if a man leases a Mannor for yeeres in which are Copy-holds and after a Copyholder dies the termer of the Mannor grants the land by Copy for three lives this is good for the custome through all England is that the Lord for the time being may demise by Copy c. and this notwithstanding that hee is but durante bene placit or at Will And 't is held that such Tenant of a Mannor cannot demise reserving lesse rent then the ancient rent but he ought to reserve the ancient rent or more quaere of that Tenant by sufferance see Tit Tenant at Will Tender 'T is said for Law that upon a Lease for yeers rendring rent with re-entry the Lessee ought to bee ready all the day and make attendance to offer it and it suffices for the Lessor to come any time of the day yet the entry is that the one and the other attended the intire day quaere inde 36 H 8. B Conditions 192. the end Entre Congeable 2. the end Note that 't was agreed in the Serjeants Case that where a man leases Land for yeeres rendring rent and for default of payment a re-entry it suffices for the Lessee to tender the rent upon the Land the last houre of the last day of the Moneth if the money may bee told in that time And so it sufficeth for the Lessor to demand it the same houre 4 M 1. B Tender 41. If a man Leases for yeeres rendring rent at Michaelmasse and other Covenants if hee bee bound in an obligation to pay the rent precisely there hee shall seeke the Lessor but if hee be bound to perform the Covenants c. The tender upon the land sufficeth for there the payment is of the nature of the Rent reserved Contrary in the first Case 6 E 6. B Tender 20. Tenures What shall bee a Tenure and what a Condition see Tit. Conditions What shall bee a Tenure in Capite of the King what not see Tit. Liverie A man makes a Feoffment of the moytie of his Land the Lessee shall hold of the Lord by the intyre services which the intire Land was holden before for the Statute of Quia emptores terrarum tenend pro particula holds not place here for a moytie is not particula the same Lawe of a third part and the like which goes by the halfe and the whole contrary of an acre or of two acres in certain And if a man holds two acres by a hauke and makes a Feoffment in Fee of one acre the Feoffee shall hold it by a hauke and the Feoffor shall hold the acre by another hauke 29 H 8. B Tenures 64. Restitution by Parliament revives a Seigniory or Tenure which was extinct by attainder of Treason by Parliament See Tit. Extinguishment See in the Exchequer 3 E 3. Ro 2. 't was found that a man held of the King in Knight service in capite ut de honore suo de Rayleghe and 't was taken no tenure in capite but a tenure of the honour and therefore his heir shall have ouster Omaine of his other Lands which should not be if it had been in capite for then the King shall have all in Ward by his Prerogative yet otherwise 't is if the Honour be annexed to the Crown for then the Honour is in capite And 11 H 7. the Honour of Rayleghe was annexed to the Crown therefore now 't is in capite And where the King gives Land to hold of him by fealty and 2 d. pro omnibus servitiis this is Socage in capite for 't is of the person of the King otherwise if it were to hold ut de manerio de R. 33. H 8. B Tenures 94. 'T is held that if a man made a Feoffment of land before the Stat of Quia emptores terrarum to hold of him and to make suit to his Court this is good if he hath a Court But a man cannot commence a Court by tenure made where he had not a Mannor before for there the services should be holden of his person B Tenures 34. And a man cannot make a Mannor at this day though that he gives Land in tayl to hold of him and by suit of his Court for he cannot make a Court for a Court cannot be but by continuance And so a Man may make a tenure but no Mannor nor Court for a Mannor and Court cannot be but by usage had de tempore cujus contrarium memoria hominum non existit Testament Testament by a Feme Covert of the assent of the husband See Tit Devise A man devises his Land to I S this shall be taken but for term of his life but if he saith paying a 100. l. to W N this shall be intended a Fee-simple and if he doth not pay it in his life yet if his Heir or Executor pay it that suffises Quaere of his Assignee 29 H 8. B Testament 18. If a man holds three severall Mannors of three severall Lords in Knight service and every of them of equall value he cannot make his will of two of the Mannors leaving the third Mannor to the Heir but of two parts of every Mannor for otherwise he shall prejudice the other two Lords 35 H 8. B Testament 19. Note by the Doctors of the Civill-Law and Serjeants of the Common-Law if a man makes his Testament and names no Executors this is no Testament but yet 't is a good Will of the Land in it for those are not Testamentary but in the first where Executors want yet the Legacies shall be paid But if it appears that he made part of the Testament and not the whole there the Legacies shall not be paid And where a man makes a Testament and Executors and they refuse yet the Legacies shall be paid for there is no default in the Testator and the Testament shall be annexed to Letters of Administration 37 H 8. B Testament 20. Note for Law by the Chancellor of England and Justices That if the Tenant who holds of the King in Knight service in capite gives all his Land to a Stranger by act executed in his life and dyes yet the King shall have the third part in Ward and shall have the Heir in Ward if he be within age And if of full age he shall have
upon the sale 6 E 6. B Faits Inroll 9. Fauxifier Falsefying Where he in reversion shall falsifie a recovery had against Tenant for term of life where not See Tit. Entre Congeable Where the Feoffees may falsifie a recovery suffered by Cesty que use in tayl where not See Tit Entre Congeable 'T was holden that an attaint shall goe with the Land as a Writ of Error shall Time H 8. B Fauxifier 50. the end Faux Imprisonment false Imprisonment 'T is said That a man as Constable cannot Arrest another for an Affray after that the affray is past without Warrant contrary before the Affray and in the time of the Affray c. And the same Law of a Justice of Peace 38 H 8. B Faux Imprisonment 6. the end Faux Judgement False Judgement Note by Fitz for cleer Law That in a Writ of falfe Judgement in nullo est erratum is no Plea for they joyn issue upon some matter in fait certain alledged by the party and shall bee tryed by the Country for 't is no Record contra in Error 23 H 8. B Faux Judgement 17. Fealtie Note in the Chequer That if Land descend to me which is holden of I S by homage and I doe to him homage and after other Land descends to me by another Ancestor holden of him by homage I shall doe fealty but not homage again for I became to him his man before And if both the Tenements are holden of the King by homage he shall not respit both the homages in the Exchequer but one homage only 24 H 8. B Fealty 8. Note in the Exchequer That a Dean and Chapter and other bodies politique shall not doe homage for this shall be done in person And a Corporation cannot appear in person but by Attorney and homage cannot be done by Attorney but only in person 33 H 8. B Fealty 15. Feoffments A man makes a Feoffment of a house cum pertinentiis nothing passes by these words cum pertin but the Garden the Curtilage and Close adjoyning to the house and upon which the house is built and no other Land though other Land hath been occupied with the house 23 H 8. B Feoffments 53. Note by Fitz james ch Justice Englefield Just and divers others where a Disseizor makes a Feoffment for maintenance and takes the profits the Feoffment is void by the Stat of 1 R 2. ca 9. as to a Stranger which shall have an Action for he shall have it against the pernour of the profits but 't is not betwixt the Feoffor and the Feoffee And also a man who vouches by such Feoffment one of the Feoffees the Demandant shall counter-plead by the same Stat because the Feoffment was void And B seems that such Feoffment shall not be a remitter in prejudice of a third person 24 H 8. B Feoffments 19. If a man makes a Feoffment to four and the one of the four makes a letter of Attorney to I N for to take livery for him and his companions who doth it accordingly nothing passes but to him who made the Letter of Attorney only 27 H 8. B Feoffments 67. 'T was said for Law That if a man Leases Land for ten years and the same Lessee lets it over to another for four years the Lessor makes a Feoffment to a Stranger by sufferance of the second Lessee this is a good Feoffment without Attornment of the first Lessee 28 H 8. B Feoffments 68. 'T is said That a Feoffment of a moity is good 31 H 8. B Feoffments to uses 19. If a man makes a feofmēt of a house ac omnia terras tenemeta et hereditamēta eidem messuag pertinen aut cum eodem occupat locat aut dimiss existen by this the Land used with the house shall passe 32 H 8. B Feoffments 53. the end A man makes a Deed of Feoffment to another and delivers the Deed to him in the Land or upon the Land this is a good Feoffment by all the Justices in the Common-Bench 35 H 8. B Feoffments 74. If a man bee seized of one acre of Land in Fee and another is seized to his use in Fee of another acre and hee makes a Feoffment of both acres and Livery of the acre which he hath in possession by this the acre in use passes not though he made the Livery in the one in the name of both for this is not his acre but the acre of the Feoffees and the Stat saies that his feofment shall be good but 't is no Feoffment except hee makes Livery in the same Land Otherwise if Livery were made in the Land in use by reason of the Stat 37 H 8. B Feoffments 77. Feoffments to uses 55. If a Feoffment be made within the vJew when this is pleaded 't is said that expresse mention shall be made in the pleading that the Land was within the vJew Time H 8. B Feoffments 57. the end Feoffment is good of the Land by Deede by Livery of the Deed within the vJew so that the Feoffee enters accordingly But if the Feoffor dies before the Feoffee enters then the Land is discended to the Heir of the Feoffor and the Feoffment shall not take effect Time H 8. B Feoffments 72. A man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to all but if hee Infeoffs twenty without Deed and delivers Seisin to one in the name of all this is no feofment to any but to him who takes the Livery Time H 8. B Feoffments 72. Note that by the Stat of 1 R 2. where a Disseizor makes a Feoffment for maintenance and takes the profits the Feoffment is void by the Stat to all intents Lecture Whorwood 35 H 8. B. Feoffments 19. Feoffments to uses By Shelly Just Where the Father Infeoffs his Son and Heir apparent to the intent to defraud the Lord of his Ward this Feoffment was to the use of the Father during his life and hee takes the profits during his life and so see that uses were in antient times 24 H 8. B Feoffments to uses 20. the end A man makes a Feoffment in Fee to four to his use and the Feoffees make a gift in tayle without consideration to a stranger who had not conusance of the first use habend in tayle to the use of cestuy que use and his Heirs the tenant in tayle shall not be Seised to the first use but to his own use for the Stat of Westm 2 cap 1. wills quod Voluntas Donatoris in omnibus observetur that a man ought to refer his Will to the Lawe and not the Lawe to his Will Also none can bee Seised to the use of another but hee which may execute an Estate to cestuy que use which shall bee perfect in Law which tenant in tayle cannot doe for if hee executes an Estate his Issue shall have