he had nothing else to say but submit himself to the mercy of the King And there execution was awarded and a Roll made therof and so it was done in Lepu's case as the President was shewn and he was committed to the Sheriffs of London and Middlesex and by them he was brought to the Gatehouse and the next day which day the Lord Mayor of London came to Westminster to take his Oath he was beheaded in the great Court at Westminster and he died in a good and religious manner and spake much without any fear of death submitted himself to the Block and by his death gained great reputation in this life and by the grace and mercy of God remission of his sins and eternall life afterwards c. Bishop and others FAther Tenant in tail hath Issue two Sons the Father with the eldest Son makes a Feoffment with Warranty the eldest Son dies Lineall Warranty and after the Father dies the younger Son brought his Formedon and this Feoffment with warranty of the eldest Son is pleaded in Bar and upon Demurrer Iudgment for the Demandant For it is but a lineall Warranty and then without Assets it is no Bar for though the eldest Son dye in the life of the Father yet the younger Son by possibility might have the Land as Heir to him Mich. 16 Jacobi AN action of Debt was brought upon the Statute of 5 Eliz. for perjury against one that was produc't as a Witnesse in an action of Trespasse and deposed falsely And upon Nil debet pleaded the Plaintiff was non-suit Costs shal not be allowed upon a non-suit in an action brought upon the Statute 5 Eliz. of Perjury And whether the Defendant should have costs or no was moved by Serjeant Harvy and that stands upon the words of the Statute of 23 H. 8. cap. 16. the words are In any Action Suit Bill upon the Case or upon any Statute for any Offence or wrong personall immediatly supposed to be done to the Plaintiff The opinion of the Court was that the Defendant should not have costs upon this non-suit because that this action is founded upon a Statute made long after the making of that Statute Also this is not an immediate wrong to the Plaintiff but to the Secondary for it is an immediate wrong to the truth and such Statutes which are intended by this Act shall be like to Trespasse done to the party himself as Ravishment of Ward Also it is not aided by the Statute of 4 Jacobi cap 3. for that gives costs to the Defendant where the Plaintiff shall have costs if he recover And Mr. Brownlow the Prothonatory said that it had been ruled so before for the Plaintiff should not have costs if he recover because the Act 5 Eliz. gives a Penalty viz. a forfeiture of twenty pounds against the Witnesse and forty pounds against the Suborner and so the Plaintiff if he had recovered should not have had any costs and therfore it is not aided by the Statute of 4 Jacobi Mich. 16 Jacobi Conesbies Case THe Lady Conesby being the Wife of Sir Ralph Conesby was cited into the Ecclesiasticall Court by Mr. Watts Prohibition who had married Elizabeth the Grand-child of the Father of Sir Ralph to which Grand-child by Will one Legacy of a hundred pounds was devised and that was pass 3 Jac. by the Lady Conesby Executor of the first Testator and upon payment an Acquittance under the hand and Seal of the said Watts was c. in the presence of two Witnesses now dead And this being denied and they allowing of no proof by comparison of hands nor by circumstances but only proof of them which wrote it or of them which saw them subscribe And by their Law an Acquittance of the Husband for a Legacy to the Wife without the Wife is not sufficient also if Watts himself will deny it upon his Oath there it shall stand against all proofs A Prohibition was granted upon the motion of Serjeant John Moore and after Serjeant Harvy had said all that he could say Trin. 16 Jac. Rot. 954. Kind versus Ammery KInd Plaintiff in a Replevin against Ammery Replevin The Avowry was for a Rent-charge and the Grant was of a rent of twelve pounds payable at two Feasts Demand not necessary in an Avowry for a Rent-charge and if it vs behind for the space of a month after any of the said Feasts it being lawfully demanded that he might distrain and for Rent arrear at the Annunciation and by the space of a month after and not paid he distrained And the Plaintiff demurred upon this Avowry and shewes for cause that it is not shewn that the Avowant made any demand before the Distresse And Serjeant Harris relied upon a Case which was An 31 Eliz. as he said and vouched the number Roll Bosdens case that upon demurrer between Bosden and Downes there the Avowry was not good for the same cause And Maunds case Coke lib. 7 fol. 28. implies that it ought to be demanded but it is not issuable if it be at the day or after And he said it was debated 31 Eliz. whether it was form or substance which shall not need to be shewn upon Demurrer But the Court agreed that no actuall demand was necessary to procede the Distresse in this case but that the Distresse is a demand But if the Grant has been penned in this form if it be arrear at such a Feast and for a month after demand that then he may distrain otherwise it is for there the Distresse is limited to the month after the demand And so it was adjudged in this Court between Coppleston and Langford Trin. 3. Car. Rot. 2865. Copplestone Langford Replevin between Beriman and Bower Avowry for Rent granted out of ten acres of Land in Crediton payable at such a Feast upon the Town stone upon the Key in Barnstable if it be lawfully demanded with clause of Distresse and the Distresse was before demand and upon demurrer it was resolved a good Distresse without demand vide Dyer 348. Booton against the Bishop of Rochester A Quare impedit was brought by Booton against the Bishop of Rochester who pleads that he claims nothing but as Ordinary and yet pleads further that the Clerk which the Plaintiff present had before contracted with the Plaintiff Simoniacally Insufficient return on a Writ in Quare Impedit to the Arch bishop and therfore because he was Simoniacus he refused him and that the Church was then void and so remained void wherupon the Plaintiff had a Writ to the Arch-bishop of Canterbury who returned that before the coming of this Writ viz. 4 July the Church was full of one Mr. Doctor Grant ex collatione of the said Bishop of Rochester which had collated by Laps and this return was adjudged insufficient First it is clear that though the six months passe yet if the Patron present the Bishop ought to admit although it
commence and he is seised in Fee and may hold it charged with both the Rents 2 H 5. 7. 5 H 5. 34. Ass 15. And this Estate surrendred is in Esse as to the benefit of strangers but not as to the benefit of him who accepted it for hee is seised in Fee vide Lillingstons case And the Court was of opinion that the Rent was revived and that the Contract is now determined Nota that this grant to Humphrey the Son for years was but upon confidence to assign it over If Grantee of an Estate for life of a Rent take an Estate for life of part of the Land and surrender it yet the Rent is not revived for it was extinct in this case if he had granted his interest quere and if he had granted his interest over to I. S. and he had surrendred it that shall not revive the Rent because that he had by his granting over of his interest discharged of the Rent extinguish it quaere but in the principall case the Rent was suspended by the acceptance of the Lease and is revived by the surrender And it was agreed that where Lessee for years surrender to which the Lessor agree and accept it the possession and the interest is in him without entry Hil. 3 Car. Sandford versus Cooper SAndford brought a Scire facias against Cooper to have execution of a Iudgment for sixteen pounds Sci. fac which Iudgment was de Oct. Hil. An. 2 Car. And one being returned Ter-tenant pleaded that after the Iudgment viz. 22 Jan. he against whom the Iudgment was viz. John Bill acknowledged a Statute-staple and sheweâ— that by that the Land was extended and after upon liberate delivered in Execution and demand Iudgment wherupon the Plaintiff demurred And the sole question was to what day the Iudgment shall have relation for it appears in the pleading To what day a Judgment shall have relation that the twentieth day of January was the day of Essoin and it seemed to the Court that the Iudgment should have relation to the first day of this return as well as if it had been a return in the Tearm viz. 15 Hil. for otherwise it should be uncertain And he may be Non-suited upon this day vide 5 Eliz. Dyer fol. 200. That a recovery being in the first return the Warrant of Attorney made and dated the fourth day is taken to be a Warrant after Iudgment and vide 33 E 6. fol 45 46. the principall case there If a Nisi prius taken after the day of Essoin shall be good and it is adjudged not for the first day is the return And it was agreed that in Common Parlance the first day of the Tearm is the fourth day viz. If one be obliged to appear or to pay monies the first day of such a Tearm Loquendum est ut vulgus But the Law relate the Iudgment to the first day of every return vide Dyer 361. a Release pleaded after the Darrein Continuance which was dated the one and twentieth of January which was the day after the Essoin day and it was not good for it ought to be before the utas Hillarii Gillinghams case And my Brother Harvey and Crook vouched one Gillinghams case viz. A Release of all Iudgments before the fourth day and after the day of Essoin would not release this Iudgment which was de Octab. Hil. vide many cases vouched to this purpose 4 E 3.34 H 6. 20. a Writ of Error brought after the utas and before the fourth that is good and brought after Iudgment vide 22 H 6. 7. a. a Writ of Error ought to be brought after the Iudgment rendred or otherwise no Execution shall be stayed And all the Court gave Iudgment for the Plaintiff in this Scire facias Hil. 3 Car. Holt versus Sambach Trin. 2 Car. Rot. 731. Replevin Tenant for life with a remainder to him in tail expectant and remainder in fee grant a rent in fee afterwards had fee by fine SIr Thomas Holt brought Replevin against Thomas Sambach in which upon Demurrer the Case was Sir William Catesby being Tenant for life of Land the remainder in tail to Robert his Son the remainder in Fee granted a Rent of ten pounds by the year out therof to William Sambach in Fee and Sir William and Robert his Son levied a Fine with Proclamations which was to the use of the said Sir William in Fee and afterwards the said Sir William enfeoffed Sir Thomas Holt and died Robert had Issue Robert and died And the Court was of opinion that this Grant in Fee is good for he had an Estate for life in possession and an Estate of remainder in tail and remainder in Fee in himself to charge and then the Fee-simple passe by the Grant And although that Robert the Son might have avoided it yet when he had barred the Estate-tail c. by Fine to the use of Sir William now Sir William Catesby had by this acceptance of this Estate to himself avoided the means by which he might have avoided the Rent And although that in Bredons case in the first Book when Tenant for life and he in the remainder in tail joyn in a Fine rendring Rent to Tenant for life that passeth from every one that which lawfully might passe and that the Rent continue after the death of him in the remainder in tail without Issue yet in this case the Estate is barred by the Fine and united to that Estate which William the Grantor had and now William is seised in Fee and this Rent made unavoidable The Case was well argued by Henden and Davenport but it appeared that the Conusance was for twenty shillings part of the rent of fifty pounds behind and for fifty pounds parcell of two hundred pounds arrear for Nomine poenae and did not say in his Avowry that he was satisfied of the rest And therfore Iudgment was given for the Plaintiff vide 20 E 4. 2 a. 48 E. 3. 3. Chichley versus the Bishop of Ely Quare Impedit DAme Dorothy Chichley brought a Quare Impedit against Nich Bishop of Ely and Mark Thompson the Incumbent for the Church of Wimple and counted that Thomas Chichley was seised of the Advowson of the said Church in Fee as in grosse and presented to it being void Edward Marshall which was Instituted and Inducted and afterward the said Thomas Chichley died seised and the Advowson descended to his Son and Heir Sir Thomas Chichley Traverse upon Traverse who by his Deed indented c. for the increase of the Ioynture of the Plaintiff granted the said Advowson to Thomas East and Edward Anger and their Heirs to the use of the said Plaintiff for life and afterwards to the use of the Heirs Males of the body of Sir Thomas Chichley and that by force therof she was seised for life And the Church being hold by the death of the said Edward Marshall she presented and the
the Award of Costs were in full force and effect But that afterwards viz. such a time as well the said Iudgment de non pros as the said Iudgment of thirty pounds Debt against the now Plaintiff were evacuated wherupon the Defendant demurred And it having been often debated by Hitcham for the Defendant and Henden for the Plaintiff And now upon Oyer of the Record and of the Iudgment the Court gave Iudgment for the Plaintiff And the Lord Finch said that this action upon the case is grounded upon two misdemeanours 1. The procurement of the said Iudgment for Edw. L. after a Non pros entred for the Defendant And though the Iudgment was erroneous yet the now Plaintiff was vexed and imprisoned therby which indeed is the cause of this action 2. The taking therof unlawfully when the first Iudgment de non pros was in force and the Plea of Nil tiel Record go only to one of the Causes And admitting that there was never a Iudgment de non pros but that the Defendant had unlawfully procured a Iudgment and taken Execution therupon and procured the Plaintiff to be taken in Execution and Imprisoned this is cause of action And to that he hath not answered and therfore he ought to have pleaded Not guilty to that which he takes by protestation Iudgment pro quaerente Pasch 11 Car. Baker versus Hucking Adjudged B. Rs. Tenant in tail and he in Reversion make a I. case Pro ut aut vic TEnant in tail and he in Reversion joyn by Deed in a Lease for life he in Reversion devise the Land by his Will to one in Fee and dieth Tenant in tail dies without Issue and the Heir of him in Reversion and the Devises claim the Land And the sole question is if this Lease be a Discontinuance and it was adjudged a Discontinuance and then the Devise void for he had not a Reversion And the difference was taken when Tenant for life and he in Reversion joyn in a Lease by Deed for without Deed it is first a Surrender Discontinuance and then the Lease or Feoffment of him in Reversion it shall be the Lease of Tenant for life so long as he live and after the Lease of him in Reversion and yet they shall joyn in a Writ of Wast And in this case there is no question but if the Lease had been made solely by Tenant in tail that then it were a Discontinuance and the joyning of him in Reversion alters it not for that amounts to nothing but as a Confirmation and is not like to Bredons case Coke lib 1. fol 76. Where Tenant for life and he in remainder in tail levy a Fine for every one there passeth that which lawfully he may And upon Argument it was adjudged that it was a Discontinuance and not the Lease of him in Reversion but his Confirmation Iustice Crooke differed in opinion Mich. 11 Car. Lashbrookes Case Somerset LEwes Lashbrook an Attorney of this Court brought an action of Trespasse against I. S. for entring into his house and breaking his Close And in the new Assignment he alledged the Trespasse to be in a house called the Entry and in a house called the Kitchin and in his Garden and in one Close called the Court. The Defendant as to the force c. and to all besides the Entry plead Not guilty And as to his entry into the Court and Kitchin A Warrant to four and two of them execute it and the Tenements aforesaid of the new Assignment he plead that he had brought an action against a woman for Trespasse and had so proceeded that he recovered and had execution directed to the Sheriff of Somersetshire and therupon a Warrant directed to four speciall Bayliffs to arrest the said Woman and two of them at Minehead in the County of Somersetshire arrested her and carried her to the house of the Plaintiff in Minehead being a Common Inn and the Defendant entred into the said houses called the Entry and Kitchin and the Tenements aforesaid of the new Assignment to speak to the Bayliffs and to warn them to keep her safe And as soon as he could he returned wherupon the Plaintiff demurred And now Henden took two Exceptions the first was 1. That the Defendant had not pleaded to all the Closes but that was over-ruled for he justified in the tenements aforesaid of the new Assignment 2. The second was that the Warrant to the Bayliffs was to all and not Conjunctim and Divisim and therfore it should be by all and not by two only To that it was answered and resolved that when a Sheriff makes such a Warrant which is for the Execution of Iustice that may be by any of them for it is Pro bono publico And the very Case was adjudged 45 Eliz between King Hebbs Coke Littleton 181. b. And Iudgment was given for the Defendant Hil. 11 Car. Davies Case Hereford DAvies an Attorney of this Court brought an action upon the case for these words If I list I can prove him Perjured Words And the opinion of the Court was that they were not actionable for there is not any Affirmative that he was perjured but a thing which is Arbitrary and saies not that he would do it Iudgment pro Defend Mich. 7 Car. Rot. 1097. Alston versus Andrew Suff. Pâ—ter Alston Executor of Peter Alston brought an action of Debt upon an Obligation of a hundred and twenty pounds against William Andrew The Obligor and the Obligee make the same person Executor and Edward Andrew and count That the Defendants and one Francis A. became obliged to the Testator c. and that they did not pay it is the said Testator in his life nor to the now Plaintiff and one Francis Andrew Co-executor with the Plaintiff who is summoned and the Plaintiff admits to prosecute alone without the same Francis c. The Defendants demand Oyer of the Obligation which is entred in haec verba and plead that Francis A. in the said Writing named after the making therof made the said Francis Andrew and Barb. A. his Executors and died And that the said Francis A. accepted the Burthen of the Testament And after the said Peter Alston the Testator made his will and Constituted the Plaintiff and the said Francis his Executors and died Et hoc paratus est verificare unde c. wherupon the Plaintiff demur Trugeon and Meron Mich 2 Jac. Rot. 2663. Garret Trugeon Plaintiff against one Anthony Meron and others the Administrators of Benjamin Scrivin upon a single Bill The Defendants demand Oyer of the Bill wherby it appears that one John Simcocks was obliged to the said Trugeon joyntly and severally with the said Scrivin Quibus lectis auditis the Defendants sayd that the said Simcocks died intestate and that the Administration of his Goods was granted to the now Plaintiff who accepted the Burthen of the Administration and Administred the Plaintiff demurred
fee 60 Devise and what said in tail inde 85 Dower barred by Joynture 51 E. ELegit the Sheriff ought to deliver the Moyety by meets and bounds 16 Essoign though the Writ be not returned 28 Essoin upon return of an alias Summons 43 Essoine shall not be allowed in Dower after Issue 69 Error in omission of additions 41 Estate derived from one and shews not how 15 Exâ—cutors to what intents they shall be before probat of the Will 30 Executor the same person made by the Obligor and by the Obligee 128 Execution shall be de bonis testatoris where the Executors breake the Covenants of the Testator 35 Execution shall not be awarded upon Iudgment given in the grand Sessions of Wales 117 Extortion 53 78 Estrayes where they may be fettered 67 F. FIne to two and the Heirs of one to the use of them two and their Heirs 112 Fine de Oct. puris where the Caption was 14. February 135 G. GRant of an Advowson without alledging it to be by Deed 54 Grantee of a Rent-charge takes a Lease of part of the Land and after surrenders it the Rent shall be revived 94 Tenant for life with a Remainder to him in tail expectant and remainder to him in fee 96 Grant a Rent in fee and after had fee by Fine 96 H. HEriot where the Lord shall loose it when the Tenant hath none 4 Habeas Corpus liberty cannot be given to a Prisoner therby 129 Habendum void to parties not named in the Deed 88 Hue and Cry and Debt upon that Statute 125 I. INdempnitas nominis and supersedeas inde 45 Infant where he shall appear by Guardian and where by Prochein amy 92 Inditements for Rape and Buggery 115 Inns how they may be erected or restrained 99 Information against a Subject for Extortion 53 Information where it shall be brought 98 Intermarriage where it is a release of a promise c. before marriage 17 Jurisdiction a Plea therto where part of the land lies in the Cinque Ports 74 Judgment to what day it shall have relation 95 Joynture bars Dower 51 L. A Lord where he may be sworn 87 Lease by Feme in speciall tail 84 Lease by Baron and Feme without reservation of any rent 102 Lease where the acceptance of a new Lease makes a surrender of the former 104 N. NOtice where it shall be upon a promise 80 Nusances 136 O. OUtlawry where it may be pleaded 53 Obligation by the Sheriff where void 52 Office of a Park-keeper is good if the King dispark the Park 86 Obligation to levy a Fine before a day who shall do the first act 48 P. PArdon 79 Parliament what shall be said a Session 61 Pleas severall and by severall Defendants upon joynt Contracts 26 Prescription for a way and no place to which c. issue joyned on the Prescription 10 Prescription to have Herbage 45 Prescription to have Deer in discharge of Tithes 57 Plea as Heir and shews not how 15 Prescription to have Common omni tempore anni without saying quolibet anno 1 Plea of Grant of an Advowson without alledging by Deed 54 Prohibition 22 Prohibition to Chester 59 Q. QVire Impedit c. 31. 36 Quid juris clamat 89 Quod permittat 28 R. REcord shall be good where the conveyance is delivered to be inrolled but is not inrolled 1 Release of land devised before it be vested 60 Rationabile parte bonorum 109 Recovery if the Town be omitted therin the Land doth not passe 106 Record matter of Record tryed per pais 20 Remainder where it shall be said Contingent 118 Rent tendred at the day 13 Rent Assumpsit lies not for it 34 Rescous by the Plaintiff in the first action 98 Request where necessary 2. 73. 106 Return insufficient of a Writ of Quare Impedit 24 S. Statutes What shall be said a Parish Church within the Statute of 43 Eliz. 93 Resolves upon the Statute of 3 H. 7. cap. 2. 2 Resolves upon 35 Eliz. cap. 1. concerning Sectaries 61 Resolves upon 5 Eliz. concerning Aliens 132 Resolves upon the Statutes concerning Souldiers 134 Upon the Statute of Hue and Cry 125 Statute-Merchant without day of payment 42 Statute of Limitations extends not to Arrearages of Rent reserved upon Indenture 109 So De rationable parte bonorum 109 Debt upon a poenall Statute is not gone by the death of the King 82 Sci. fac against a Sheriff to have Execution of monies returned levied by him 32. 11 Sci. fac by Baron and Feme the death of the one shall abate it 37 Sci fac against the Sheriff for taking insufficient Pledges 77 Surrender by Baron and Feme of the Estate of the Feme for life and the King in consideration therof makes a new Lease 7 Suspension of things where they may be revived 94 Supersedeas by the Wife upon an Exigent against Husband and Wife 86 T. TEnder of Rent at the day 13 Tithes and action therupon 121 Tithes of Wood and small tithes 77 Trespass by Baron and Feme for breaking the Close of the Baron and for the Battery of the Wife 59 Tryall where nul tiel vill it pleaded 31 Traverse upon Traverse 96 Traverse of a day 121 Town shall be intended whole Town 74 Traverse of Seisin 123 Tenure by Castleguard is Socage Tenure 91 Tryall of Treason how it shall be 131 Tryall of an action of Account upon receit in two Counties 111 Tryall of matter of Record by the Country 20 Trover and Conversion the Defendant justifie without confession of the Conversion 10 Treason persons attainded therof and set at large how they shall be brought to execution 21 V. VEnire fac from a Towne within a Parish 6 Ven. fac from divers Towns 27 39 Ven. fac where nul tiel vill is pleaded 31 Ven. fac of a Visne from a place known in a Town without making it from the Town 106 View counterpleaded 44 View upon a Quod permittat 28 Usurpation 66 Judgment in Dower upon Voucher 71 W. VVAter increase thereof in Westminster Hall 108 Waifes where they may be fettered and other learning therupon 67 Warrant to four and two only execute it 127 Warranty lineall bind not without Assets 22 Wast in cutting wood to make Cole-mines 19 Wast and inquiry of damages theron 45 Wast how the Writ shall be made where a Lease for life is made the remainder in fee 110 Writs and filing therof 112 WORDS I. S. is in Leicester Gaole for stealing a Horse 2 Welsh words 8 He is a cousening Knave and so I have proved him before my Lord Major for selling of me a Saphire for a Diamond 13 George is a cousening Knave and cousened a poore man of a hundred pounds and all the Georges are Knaves 14 He is a cousening Knave and hath cousened me of forty pounds 14 He is a false Knave and keeps a false Debt-book for he chargeth me with the receit of a peice of Velvet which is false 14 Thou art a pilfering Merchant and hast pilfered away my Goods from my Wife and Children 14 She is a cousening woman and hath cousened one of her Neighbours of four pounds and I will bring good proof of it 14 I doubt not but to see you indited for Sheep stealing 18 Forgery spoken of an Attorny 29 Thou hast forsworn thy self in the Councell before the Marches 34 Thou art a filching fellow and didst filch four pounds from me 34 I charge thee with Felony for taking money out of I. S. pocket and I will prove it 38 I have matter enough against thee for I. S. hath found Forgery against thee and can prove it 41 Forsworn where actionable and where not 44 He is a Bankrupt spoken of one not a Tradesman 45 He is a Bankrupt spoken of a Baker without alledging him to be a common Baker 49 Cousening Knave whether actionable or not 52 I will have him hanged for robbing in the high-way 58 Thou art a Theef and hast stoln my Corn 15 He is as arrant a Knave as any in England 72 I doubt not but to prove that the Plaintiff hath spoken Treason 75 Thou art a common Barretor a Judas a Promoter spoken of an Attorney 104 Thou art a Theef and hast stoln Passions Lamb and marked it and he denied it 110 Thou art a Theef and hast cousened my Cosin Baldwin of his Land 113 I will charge him with flat Felony for stealing my Ropes from of my Shop 113 Thou didst bring Faggots a mile and halfe to burn the Colliers 123 Thou hast made many false Certificates to the Major and Burgesses in that Court 123 Trust him not he is not worth four pence of a Tradesman 125 If I list I can prove him perjured 127 Thou old Witch thou old Whore I will have thee hanged if I can do it 132 I accuse Mr. Justice Hutton of high Treason 131 He is a Witch and an Inchanter and hath bewitched the Children of Strong 13 Errata PAge 1. line 28. for Bormis Inn read Bozuni's Inn p. 3. l. 19. r. grant p. 7 l. 25. blot out by p. 13. l. 2. r Witch p. 22. l. 20. for to the Secondary r. secondarily p. 24. l. 27. r. of p. 28. r. Quod permittat p. 49. l. 8. r. entire l. 24. r. Ignoramus l. 36. r. Lord Hobart the same p. 54. l. 18. the same L. 38. p. 56. l. 42. r. Vicaridge l. 54. r. folk p. 61. l. 9. r. vested p. 65. l. 37. r. Lord Hob. p. 76. l. 38. r. sold p 81. l â—â— r. Justices p. 88. r. Hartopp p. 99. l. 25. r. unwholesome p. 104. l. 35. r. Perpoint l ult r. demised p. 105. l. 23. r. Lessee l. 33. after One add Grants proximam Advocationem to and after l. ult r. admitted p. 107. l. 10. r. founded l. 15. r. trimming p. 109. l. 24 r. objection l. 25. r. Action p. 110. l. 14. r. property l. 19. the Ter-tenant r. and held the said lands l. 37. r. dimisione p 112. l. 10. r. time l. 24. put out which granted p. 214. l. 8. r. agreed l. 35. r. rendred p. 116. l. 5. r. Georges p. 117 l. 24. r. Certiorari p. 119. l. 23. r. her l. 35. r. to p. 130. l. penult r. according
it is not deminâ—tion of his Honor to be sworn concerning that which he would not have to be put upon his Honor. Also it is a good Rule Testi non jurato non est credend in judicio And Princes are sworn to all their Leagues and Confederacies which is called Jeramâ—ntum confirmationis Hil. 2 Car. Winsmore versus Hobart Trin. 27 Eliz. Rot. 850. Wilts IN an Ejectione firmae brought by Thomas Winsmore against Michaâ—l Hobart upon a Lease made by Edward Long the Iury gave a speciall Verdict Habendum to parties not named in the Deed. William Lord Sturton seised of the Tenements in the Count in Fee by Indenture demised them to Thomas Hobart habendum to the said Thomas Hobart and to the said Michael Hobart Iohn Hobart and Henry Hobart Sons of the said Thomas for their lives and the life of the Survivor of them successively By vertue wherof the said Thomas entred and was seised for life And the Lord Sturton granted the Reversion to Thomas Long in Fee to whom Thomas Hobart attorned Thomas Long devised it to Edward Long in tail Edward Long died seised and the Reversion descended to Edward his Son the Lessor of the Plaintiff Thomas Hobart and Henry died Michael and Iohn survived Michael entred Thomas Long entred upon him and made a Lease to the Plaintiff who entred and was possessed untill the Defendant ousted him And Judgment was given for the Plaintiff The Habendum was void as to all them which were not parties to the Deed. Pasch 3. Car. Hartox and Cock's Case Entred Pasch 2 Car. Rot. 1761. Hertf. A Quare Impedit was brought by George Hartox and Cocks against the Bishop of Lincoln Advowson in grosse for life Lord Keeper of the great Seal Mary Hewes and David Dublin Clark for the Church of Essington The Issue being joyned by the Incumbent upon the Appendancy the Evidence given to the Plaintiff to prove it was such Henry 6. was seised of the Mannor in Fee and granted it to Mary his Consort for life Habendum una cum advocatione of the said Church The Queen Mary presented and after there was a Presentment by Laps then the said Queen presented again And afterwards Edward the fourth seised of the said Mannor presented and then Henry the seventh and Henry the eighth And the King Edward the sixth granted the Mannor and other Mannors and the Advowson to Sir Iohn Pawlet in Fee reserving Tenure in Capite for the Maonnrs and Socage Tenure for the Advowson And the said Sir Iohn Pawlet granted the Mannor and the Advowson to William Tooke in Fee who presented the last Incumbent and under this Title the Plaintiffs entitle themselves The Defend said that the said Wil. Took was seised of the said Advowson and it defended to William Tooke the Son and granted the next avoidance and it came to Mary Hâ—wes who presented the Defendant Dublin and the Evidence to prove that it was in grosse was Henry the third being seised in Fee of the Mannor of Essinton made a Lease therof to his Brother for life and excepted the Advowson and then upon the expressing of the Advowson upon the Grant of Edward the sixth and the reservation of severall Tenures And this was their Evidence And Serjeant Henden maintained that by this exception of the Advowson when it was granted for life made it to be in grosse for ever And he vouched 38 H 6. 13. Quare Impedit by the King against the Abbey of Sion and the Incumbent there by the Exception of the Advowson it was become in grosse and there one said at least during the Estate for life and that is all which is implyed by the Book for the Iudgment is for the King because that it being not appendant is passed not by the Grant by the Habendum una cum c. And though that the Court unement agreed that it is but in grosse for the Estate for life and that it is all one as if the King had granted the Advowson which is appendant for life and the Grantee dies and the Advowson is appendant again and yet he insisted and persisted to have a speciall Verdict found therupon And I moved my Brother Yelverton that before we admit of a speciall Verdict as it hath been used in former times to go to the Iudges of the Kings Bench and to put the case to them to know their opinion and when he came again and declared it we put it upon the Iury to try the matter and they came in and found for the Plaintiff And after that the Demurrer which was joyned for the other Defendant Mary was by consent entred for the Plaintiff vide Dyer 34 in appeal vide 7 H. 6. 37. Chidley's Case CHidley brought a Quid juris clamat and had Iudgment against the Defendant and the Plaintiff had made a Warrant to his Attorney for the receiving of his Attornment Quid juris clamat and the Defendant would have attorned but would not do his Fealty And the Presidents were that he ought to be sworn in Court and the entry of the Iudgment is that he did attorn And fecit fidelitatem and so he was sworn in Court vid. 37 H 6. 14. If he refuse to attorn being in Court he shall be committed for contempt Moyle said that that is Attornment but Prisot said that he should not have a Writ of Wast nor arraign an Assise untill he assent Trin. 3 Car. Rot. Humbleton versus Buck. Lincoln SImon Humbleton brought an action upon the case against Buck Case Assumpsit in consideration of defending Suit in maintenance of a Title of Common and counted that wheras a Controversie was between the Inhabitants and Tenants of Fletam and one Palmer for and concerning the having of Common in one parcell of Land which was a Sea-bank in which they had Common of Pasturs for taking by Cattell and also by taking and cutting the Grasse And wheras the said Palmer had brought an action of Trespasse against the now Plaintiff for entry made by him in the said close and for taking his Grasse pretending that the said Land in which he claimed Common was his severall and free from their claim of Common the Defendant in consideration that the Plaintiff had given to him a Iugg of Beer and that he at the request of the Defendant would prosecute and defend â—he said Suit for the maintenance of their Common against the said Palmer untill the determination therof he promised to pay to the Plaintiff one moyety of his charges and over and besides twenty pounds and that therupon he defended the said Suit and pleaded Not guilty and at the tryall therof Palmer was non-suited and that that was for the maintenance of the Common and that he expended in defence and prosecution of the said Suit forty pounds The Defendant confessed all the Inducement and also a promise sub modo and sayd that the said Palmer had brought Trespasse to which the Plaintiff had
Yelverton and I were opinion that the Debt is gone for it is at the suit of the King and Iudgment is given for the King And there shall be an answer to the King And we relyed upon the cases vouched by the Lord Coke but Iustice Harvey and Crook to the contrary And upon conference with all the Iustices of Serjeants Inne it was resolved that this action was at the suit of the party for he might be Non-suited vide 25 H 8. Br. Non-suit that the Informer may be Non-suited vide 6 E. 2. Fitz Non-suit 13. when the Iury come again to deliver their Verdict the King cannot discharge them and be Non-suited and the King cannot discharge this action And his Attorney reply not as in an Information Clotworthy versus Clotworthy Amendments Debt SImon Clotworthy brought an action of Debt against John C. Cosin and Heir of Bartholmew C. And the Imparlance Roll is Quod cum praedictus B. cujus consanguineus heres idem Johannes est viz. filius Johannis Clotworthy fratris praedicti B. C. And upon the Plea Roll upon which Iudgment is given this space was perfected and Iudgment for the Plaintiff and now the Defendant brought a Writ of Error and it was moved to be amended And if the Imparlance Roll shall be amended which is the foundation of the subsequent Rolls is the question For it is commonly holden that the Plea Roll shall he amended by the Imparlance but not e converso Hil. 18 Jac. Rot. 67â— Walker versus Worsley Amendments WAlker brought an action of Debt against Worsley Debt as Son and Heir of Thomas W. in the Imparlance Roll which was entred Mich 18 Jac Rot 576. the words which bind the Heir were omitted viz. Ad quam quidem solutionem obligasset se Heredes suos but they were in the Plea Roll And after Iudgment that was assigned for Error in the Kings Bench and it was amended in the Common Bench by the Court vide there that it was by the fault and mis-prision of the Clerk who had the Obligation and so amendable by the Statute of 8 H 6. cap 15. 1. Hil. 9 Jac. Rot. 516. Govard versus Dennet GOvard against Dennet and Iudgment and the name of the Attorney viz. Henry was omitted in the Imparlance Roll and it was in the Plea Roll Henry and after Error brought it was amended Mich. 16 Jac. Rot. 581. Arrowsmith's Case THe Imparlance Roll Trin 16 Jac Rot 1727. Debt for three hundred pounds against Arrowsmith for part sur emisset and the other part sur in simul computasset And in the Imparlance Roll both parcells did not amount to three hundred pounds but wanted six pounds therof and after Error brought it was amended Pasch 12 Jac. Rot. 420. Godhow versus Bennet REplevin by Godhow against Bennet divers spaces in the Imparlance Roll were supplyed in the Plea Roll after Verdict Hil. 12 Jac. Rot. 420. Parker versus Parker THe Imparlance Roll was Mich 12 Jac Rot 547. Parker against Parker in Trover and Conversion the Imparlance Roll wanted the day and year of the possession and conversion but the Issue Roll was after the Verdict and motion in Arrest of Iudgment amended Mich. 2 Car. Crocker versus Kelsey JOhn Canterson and Agnes his Wife Tenants in speciall tail had Issue a Son Lease made by Feme in speciall tail viz. John and John the Father died John the Son levied a Fine with Proclamations to the use of himself in Fee Agnes leased to John Herring and Margaret his Wife Lessors to the Plaintiff for one and twenty years rendring Rent c. by vertue wherof they entred Agnes died John the Son entred and afterward the said John Herring and Margaret his Wife entred And the said John the Son made his Will in writing and by that devised the Land to Kelsey the Defendant and another in Fee and died John Herring and Margaret leased to Crocker the Plaintiff who entred and being ousted by Kelsey brought Ejectione firmae And this speciall Verdict being found Iudgment was given for the Plaintiff and now affirmed upon Error brought in the Exchequer Chamber Mich. 2 Car. Franklin versus Bradell FRanklin a Woman servant brought an action upon the case upon a promise against John Bradell Consideration in an Assumpsit ex post facto And count that wheras she had served the Defendant and his Wife and done to them loyall service the Defendant after the death of his Wife in consideration of the service which the Plaintiff had done to the Defendant and his Wife promised to pay her thirteen shillings four pence upon request and alledged request and non-payment And after Verdict for the Plaintiff it was moved in Arrest of Iudgment upon the Book of 13 Eliz. Dyer that this is no sufficient consideration because that it is not alledged that the Plaintiff at the request of the Defendant had served him Also it was not sufficient because that it was done after the service performed And it was answered that it was a good consideration and that the service was to the benefit of the Defendant And therfore in consideration that the Plaintiff had married the Daughter of the Defendant he promise to pay twenty pounds it is a good consideration and so in consideration that you have been my surely to such a man for such a Debt I promise to save you harmlesse And in consideration that the Plaintiff was Baile for the Defendant he promised to give him a Horse this is good And in consideration that I.S. being a Carpenter had well built my house I promise to give him five pounds And Iudgment for the Plaintiff Hil. 2 Car. Hearne versus Allen. Entred 22 Jac Rot 1875. Oxford 1. RIchard Hearne brought an Ejectione firmae against John Allen Ejectione firmae for two acres of Land in Langham upon a Lease made by Anne Keene which was the Wife of Edward Keene and upon Not guilty pleaded a speciall Verdict was found Richard Keene was seised of an house in Chippin-norton Devise and of two acres of Land there in Fee and of two acres of Meadow in Langham in Fee used with the said Messuage which were holden in Socage And by his Will in writing dated the 20. May 30 Eliz. he devised the said house Cuni omnibus singulis ad inde pertinentibus vel aliquo modo spectantibus to Tho. K. and his Heirs for ever And for want of Heirs of him the said Thomas then to one Anne K. the Daughter of the Devisor and her Heirs for ever And for default c. then to Iohn K. his Cosin and his Heirs for ever And by the same Will devised his Goods and all his Lands to Eliz. his Wife during her Widow-hood and died Elizabeth his Wife entred Thomas the Son entred upon the Wife and disseised her and having enfeoffed one Edward K. in Fee died and Tho. K. also died without Issue Edward K. by his Will devised
the Land to Anne his Wife the Lessor of the Plaintiff for life and died Anne entred and made a Lease to the Plaintiff Et si super totam materiam c. And it seems that the Defendant Allen claim under the Title of Anne K. the Daughter but that was not found nor no other Title for the Defendant and therfore of necessity Iudgment ought to be given for the Plaintiff And this case was well argued by Crawley for the Plaintiff And Henden for the Defendant And three Points were argued 1. If the two acres in Langham passed by the words Cum pertinentiis and it seemed to the Court that they did not passe without saying Cum terris eidem Messuagio spectantibus vel pertinentibus And that is agreed in Hill and Granges case by Conveyance and 23 H. 8. 6. and it is all one in a Will Also in this case it is not found for what time these two acres had been used with the house And there was sufficient to supply the words Cum pertinent for ought that appears And if the Law be so the two acres do not passe but discend to Thomas Keene and the Feoffment good 2. If by these words it be an Estate-tail as in Beresfords Case Coke lib 7. fol 41. 9 E 3. Fitz tail 21. 12 E 3. 7 E 6. 16 Eliz in Chapmans case or a Fee-simple And yet Yelverton and Crook inclined that it was an Estate-tail but Lord Richardson Hutton and Harvey to the contrary for an intent against Law shall be void vide Abraham and Twiggs case Coâ—e lib 7. fol 41. 3. If the Collaterall Warranty which descended had extinguishâ— and barred the right of Anne Keene Henden would have maintained it because that the Warranty is speciall although it was collaterall that it did not Bar which is sanâ— question be it speciall or generall it bars the others upon whom it descends vide Coke lib 15. Seniors case he held no descent and then no Bar 12 E 4. discontinuance 50. 7 H 6. speciall Warranty shall be used by Rebutter but not by Voucher And Iudgment for the Plaintiff If a Feme shal have a supersedeas upon an Exigent against Baron and Feme Un supersedeas fuit Misâ— for the Feme upon an Exigent against Baron and Feme And upon much debate it was agreed that the Feme for the safeguard of her self from imprisonment being returned upon the Exigent or upon the Capias viz. upon the one Quod reddidit â—â— upon the other Caepi and as to the Husband Non est inventus may appear and so long as the Processe continues against the Husband she shall have idem dies But when the Baron is returned utlegatus she shall be discharged sans idem dâ—es And that stands well and raconciles all the Books But whether she shall have a Supersedeas de non molestando is doubtfull for by the 11 of H 4. 80. and Dyer 271. if the Baron be outlawed and the Wife Wâ—ived and the King pardon the Feme that shall be allowed and she shall go sine die and vide 4 E â— 34. and 14 H 6. 14. 13 H 4. 1. And it seemed by all to be agreed that the Baron after he purchaseth his pardon or after he come and reverse the Outlawry he shall not have allowance of his Pardon nor his appearance received si non qui il amesne sa feme qui par le presumption de leye est amesnable per luy mes les baron n'est amesnable per le feme vide 18 E 4. 4. there the case was that a Feme Covert was sued as Feme sole her Husband being beyond Sea and not known to be alive and she was outlawed and then her Husband came again and brought a Writ of Error for the reversall therof in his name and in the name of his Wife And there it is said that it is questionable being that he was not party to the Suit And then one said that it would be a good way to be rid of a Shrew And the Prothonotaries said that no Supersedeas was ever granted for the Wife in such a case Hil. 2 Car. Sir Charles Howards Case MEmorand That the Earl of Marleborough Lord Treasurer of England came to Serjeants Inn in Chancery Lane 6. Febr. and there assembled all the Iustices to have their opinion upon a Case which was depending in the Exchequer Chamber Where the office of the keeper of a Park is gone if the Kâ—ng dispark it upon an English Bill for the King by the Attorney-generall against Sir Charles Howard for avoiding the possession of a Lodge and desisting from taking the profits of a Park called Putney Mooreclapp the Custody of which Park and three pounds annuall Fee with the Windfalls c. and the custody of the Lodge was granted to him The King which now is by his Charter disparked the Park and after granted all the Dâ—er to Sir Richard Weston Chancellor of the Exchequer And whether by this disparking of the Park the office of the Keepership he determined or no then whether the annuall Fee be determined then if the casuall profits as Windfalls c. may be yet taken by Charles Howard who is the Patentes And upon debate it was unanimously agreed that the King might dispark his Park and that by the disparking therof the Office of the Keepership is gone and determined for Sublata causa tollitur effectus and this Office is not of necessity and such Offices are not prefumed in Law to be altogether for the benefit of the Patentes but reciprocally for the Commodity of the King and by the disparking of the Park the labour and charge is gone It was also agreed that the King might discharge the Patentee of this Office although the Park continue And iâ— one grant the Stewardship of a Mannor and he dismember the Mannor the Office determines And if a Corporation grant the Office of Town-Clerk or of Recorder and after surrender their Patent and take a new Patent which incorporates them by a new name all the Offices are determined It was agreed that the annuall Fee certain remain in both cases be he discharged or be the Park disparked vide 5 E 4. 9. 4 E 4. 22. 18. E 4. 9 Dyer 71. 6 H 8. Kelway 171. Plowd Sir Thomas Wrothes case The Earl of Lincolns Case Star-chamber MEmorand That the Sollicitor Generall moved that Sir Henry Fines had preferred a Bill against the Earl of Lincoln in this Court Where a Lord may briâ— sworn And there was a Commission De dedimus potestatem granted to take his answer upon Oath and he offered his answer upon his Honor. And the Commissioners returned this speciall matter and he prayed an Attachment And this case was propounded to the Iudgges and it was resolved by them the Lord Keeper and all the Court of Star-chamber that he ought to answer upon his Oath for it is Juramentum purgationis and not promissionis Also