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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29656	Some new cases of the years and time of King Hen. 8. Edw. 6. and Qu: Mary; written out of the great abridgement, composed by Sir Robert Brook, Knight, &c. There dispersed in the titles, but here collected under years. And now translated into English by John March of Grays-Inn, Barrister. All which said cases are hy [sic]the translator methodised, and reduced alphabetically under their proper heads and titles. With an exact table of the principall matter contained therein.; Graunde abridgement. Selections. French (Law French)	Brooke, Robert, Sir, d. 1558.; March, John, 1612-1657.; Fitzherbert, Anthony, Sir, 1470-1538.	1651 (1651)	Wing B4898; ESTC R213260	142,103	327

me for the same debt yet the contract remains because that t is by another person and both are now debtors 29. H. 8. B. Contract 29. Corone Crown Note if a felon hath a pardon to plead and pleads not guilty he shall lose the advantage of his pardon and shall not plead it after 18. H. 8. B. Corone 199. Note that at the Sessions at Newgate a man was judged to be hanged and delivered to the Sheriff to make execution and after escapes and flees to the Church and had the priviledg of it 22. H. 8. B. Corone 1 10. the end Note t was holden by all in the house of Parliament that if a man kill one who is attainted by Premunire this is no felony for he is out of the protection of the King which is as if he were out of the Kingdom and power of the King Otherwise of him who is attainted of felony and judged to death the killing of him is felony 24. H. 8. B. Corone 196. T is said where a woman is arraigned and adjudged to be hanged or burnt according to the Crime and because that she is with childe Execution is respited untill shee bee delivered and now she is with childe again because that once execution was spared for the same cause now execution shall be commanded to be done and the Gaoler shall not be punished 28. H. 8. B. Corone 97. A man steals goods in one County and flees with them into another he may be indicted or appealed in any of the Counties for t is felony in every of the Counties for felony alters not the property 34 H. 8. B. Corone 170. Note that if 12 come for to do robbery affray riot or the like which are unlawful acts one of them enters into the house and kills a man or doth other unlawful act all the others which came with him to do the unlawfull act are principals The same Law in the case of Fines Lord Dacres one of his company killed a man in hunting in a Forrest and the Lord Dacres and the other hunters as Mantel and others were principals and were all hanged 34. H. 8. B. Corone 171. A man shall not plead that the dead assaulted him and in his own defence c. but not guilty in an appeal and give it in evidence and murder cannot be justified See Tit. Appeal Note by the Justices that t is felony to kill a man in Justing or where men play at sword and buckler and the one kills the other and the like notwithstanding the commandement of the King for t was against Law Time H. 8. B. Corone 228. Note by all the Justices that if a man be indicted of felony in the time of H. 8. the King dies he shall be arraigned for it in the time of E. 6. But by some this indictment shall be removed by Cerciorari from the antient custos Rotulorum and put to the new commissioners 1. E. 6. B. Corone 177. Note that Indictments and Records which are taken before Justices of Oyer and Terminer and not determined before their commission be ended these shall be put into the Kings Bench to arraign the parties there S. by Cerciorari out of the Chancerie which shall be to commissioners of Oyer and Terminer and after shall be sent into the Kings Bench by Mittimus B. Corone 178. Oyer and Terminer 2. But indictments taken before Justices of Gaol delivery and not determined shall be delivered to the Clerk of the peace or shall remain with the custos rotulorum of the County where c. and when other Justices of Gaol delivery come there they may proceed upon them upon judgement of death and this by Statute And B. seems that they shall proceed by the equity of the words to allowance of Clergy or Sanctuary and the like 1. E. 6. B. Corone 178. Note that t was holden that where a stable is near a house inheritable as parcell of the house and a man breaks it by night to the intent to rob in it t is felony though he takes nothing for t is burglary 2. E. 6. B. Corone 179. Burglary shall not be judged but where there is breaking of a house by night And by the Justices where the principall and accessarie are arraigned and the principall hath his Clergie this shall not serve the accessarie but he shall be arraigned and hanged where both are found guilty 4. E 6. B. Corone 184. A man is indicted as accessary to a felony and acquitted and after is indicted of the same felony as principal he shall be arraigned and hanged notwithstanding the acquittal as accessary And so was Thomas Knightly first indicted and arraigned as accessary of I. S. and acquitted and after was indicted of the same murder as principal and arraigned of it again 4. E. 6. B. Corone 185. A woman took the Church for felony and abjured the Kingdome 6. E. 6. B Corone 213. Note that 't was agreed by all the Justices at Serjeants Inn in Chancery Lane 25 Octob. 1556. as to the Trial of Treason and misprison of Treason that by the Statutes 2 accusers or testes ought to be at the indictment or the sayings and accusations in writing under their hands or the testimony of others of the same accusation which shall be read to the Jury at the indictment and if the accusers are dead at the time of the indictment yet it suffices if the accusation be there testifying it for then there were two accusers But for any Treason de Anno 25. E. 3 there needs no accusers at the trial because that 't is enacted by the Statute of 2. M. 1. cap. 10. That all trials of Treasons shall be by the order of the common Law onely non aliter And the common trial by common Law is by Jurie and by witness and by no accusers And the same Law of Treason of coyning that accusers need not at the arraignment but at the indictment ut supra onely But for all treasons done by the said Act of 2. M. 1. there ought to be witnesses or accusers as well at the indictment as at the arraignment according to an Article contained in the said Statute in Fine And for misprision of treason there ought to be witnesses or accusers as well upon the indictment as upon the arraignment by the Statute of 1. E. 6. cap. 12. the end for the said Statute of Q. Mary doth not restrain accusers at the trial but only in cases of treason and not for misprision And t was agreed that petty treason ought to be tried as high treason S. by accusers by indictment But at the trial there needs not accusers And at this resolution wer Sir William Portman chief Justice Mr. Hare Master of the Rolls Sir Robert Brook Sir David Brook Sir Humfrey Brown Sir John Whiddon Sir Edward Saunders Sir William Stampforde and Master 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

SOME NEW CASES OF THE Years and time of King Hen. 8. Edw. 6. and Qu Mary Written out of the Great Abridgement Composed by Sir ROBERT BROOK KNIGHT c. There dispersed in the Titles but here collected under years And now Translated into English by JOHN MARCH of Grays-Inn Barrister All which said Cases are by the Translator Methodised and reduced Alphabetically under their proper Heads and Titles With an exact Table of the principall Matter contained therein London Printed by T. N. for Richard Best and John Place and are to be sold at Grays-Inn gate and Furnivals Inn-gate in Holborn 1651. To the READER READER WHEN I considered what great care our Parliament had taken of the publick good in enacting our Laws to be translate● into English the●● which certainly nothing more equall that the people might in some measure instruct themselves in that to which they are bound to obedience and of which by the Law it selfe they cannot nor must not plead ignorance And when I had likewise considered the excellent and most usefull Law that is contained in this little volume called Petty Brock I thought it a labour servicable to the publick to Translate it which I here present you in your own Language make use of it and you will finde Magnum in parvo great benefit in this little work and I doubt not give him thanks for it who is ambitious of nothing more then to be yours and the Common-wealths most Faithfull Servant Jo MARCH THE TABLE Abridgment page 1 DAmages increased after issue and verdict upon it page 1 Costs ibid Acceptance Lease of a Tennant for life is void by his death 1 Void and voidable Lease diversity 2 Acceptance by the issue in Taile of the second Lessee ibid Privity ibid Diversity ibid Apportionment ibid Acceptance by him in remainder ibid Acceptance by the successor of a Bishop ibid Payment at another place 3 Action Popular 3 Within the yeer ibid Action upon the Case 3 Mill 4 Where an Action upon the Case lies where not diversity ibid Delivery of goods traversed in detinue ibid Negat Pregnans ibid Action upon the Case for calling a man perjured ibid Action upon the Case for caling him perjured and justification in it ibid Of his own wrong 5 Bar in an Action upon the Case by Law wager in det ibid Plea to avoid double charge ib Travers ibid Action upon the Case upon finding of goods 6 Evidence ibid Action upon the Case upon a devenerunt to the hands of the defendant ibid Evidence ib Place in an Action upon the Case Assumpsit is not local 7 Place in det is not traversable ib Action upon the Case against executors ib Not guilty a good plea in an Action upon the Case and where not 8 Hiis similia in an Action upon the Case ib Action upon the Case upon trover ib The conversion to use traversed ib Evidence ib Action upon the Case for not payment of marriage money 9 Action upon the Statute His freehold no plea in an Action upon the statute ib Upon the statute of 5. R. 2. his freehold ib Avowing upon the statute and by common Law 10 Diversity ib Disclaimer ib His freehold is an Action upon the statute of 5. R. 2. ib Disseisor ib Accompt 10 Account against disseisors ib Privity necessary ib Account against a GardJan ib Pleading ib Adjournment 11 Cause and place of Adjournment ib Demurrer ib Dubious verdict ib Forreign Plea ib Certificate ib Administrators ibid Administration committed pending the writ ib Who shall commit administration vacate ib Episcopatu ib Relation ib Power and interest certain diversity 12 Who shall be said proximo de sanguine to take letters of administration by the statute ib Civil Law the law is since adjudged otherwise 13 See Ratcliffes Case my Lord Cook ib Land which is a Chattel shall by office 14 Age 14 Arreares of rent ●or● of Annuity and damage ib Diversity ib Scire fac against the heir ib Thing real and thing personal diversity ib Avowry ib Costs ib Where debt lies and where a scire fac 15 Diversity ib Where the King shall have his age where not ib Age of a parson prebend c. 10 Alienations ibid Where the heir within age shall be in ward where not ib Alienation by Tenant in Fee and by Tenant in taile diversity ib Relation of an office diversity 17 Fine for alenation intrusion licence to alien inmortmaine ib Variance from the licence ib Fine levyed ib Averment ib Two Joyntenants the one releases to the other diversity 18 Fine upon release upon conu●ance of his right c. diversity ib Estoppel ib Licence to Alien for life ib Burgage tenure ib Devise is an Alienation ib Alien see Tit. Denizen 18 Alien 19 Alien purchase ib Office ib Information ib The King shall have a Lease for yeers 20 Purchased by an Alien ib Amendment ibid Variance amended after judgment ib Amendment after a writ of error came to the common Bench ib In what thing the King shall amend his declaration in another term 21 Appeal ibid Not guilty in an appeal ib Se defendendum ib Evidence ib Justifie ib Indictment before the Coroners and before othe Justices ib Diversity 22 Appeal for Homicide ib Woman intiuled to an Appeal of death of her husband loses it by marriage ib Quarentine ib Coroner and his power ib Apportionment 23 Contract Apportion ib Approportionment by the common Law upon purchase ib Quaere ib Where a rent service shal be apportioned where not see before ib Recovery or discent of parcel 24 Rent Charge ib Arbitrement ib Pleading of a Condition in Barr ib Replication ib See Tit. Conditions ib Assets in their hands see Tit. Extinguishment 25 Demurr upon Evidence ib Legacies shall not be paid before Debts ib Assets per Discent Assets by Discent Judgement upon Assets found false plea ib Assigne 26 Assignee charged with the Covenant of his Grantor ib Audita quer ib Assise 26 Baily examined in Assise ib Attachment shall not be de bones alterius quam ten ib Of what things an Attachment ought to be 27 Election of his Tenant ib Assurances 27 Fine with proclamation to bind Tenant in tail and his issue 28 The Law is now otherwise see the Case of Fines in my Lord Coke ib Five years for the issue in tail to claim ib Equity ib Quaere ib 4. Hen. 7. cap. 24. ib Rast. Fine 8. ib Privity ib F●ne confessed and avoided ib Intendment 29 Averment ib Fine by Conclusion ib Stranger ib Fi●e with proclamation by the tenant in tail the reversion or remainder to the King and common Recovery ib Diversity ib See my Lord Cokes first book ib Quere 30 Common recovery by the common Law and after the Statute diversity ib Assurance that the heir should not sell 31 To except the last obligation ib Attaint 32 False quantity in demands ib Attaint upon an Appeal of Maihew ib Ataint for termor ib

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 ● 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