Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	heir_n	marry_v	son_n	16,253	5	5.2638	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85496	Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas. Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;	Goldesborough, John, 1568-1618.; W. S., Esq, of the Inner Temple.	1653 (1653)	Wing G1450; Thomason E209_5; ESTC R10354	205,623	227

charges except Rents and Services which shall be due after c. to the chief Lord And afterward he made and levyed a fine And after the Wife maried and then the Son entred and the Administrator of the Wife brought debt upon the Obligation against the Administrators of him in Reversion and averred that the Land at the time of the Feoffment was charged with the said Lease of 31 yeares Walmisley It seemeth that Judgement shall be given for the Plaintif because it was not discharged at the time of the Feoffment For in the Commentaries a man Deviseth his Term to his Wife until his Son come to full age Com. fo 539. after at his full age the Son shall have it so that there it was chargable to the Entry of the Son hereafter And here allthough that it be not presently charged yet when there is a charge arise the Covenant is broken And for that in 8 Eliz. a man bargains and sells Land Rent charge future and Covenants that it shall be discharged of all charges and he had granted a Rent before to begin twenty years after when the Rent begins it shall be said a breach And this is not like the case in 3 Hen. 7. 12. b. Where Tenant in Tayl disseiseth the Tenant of the Land c. And so I think Judgement shall be given for the Plaintif Fenner to the contrary and here the Term was extinct by the grant end sale and then the Feoffment void and therefore no charge and thereupon no charge at the time of the Feoffment and for that he cited 42 Ed. 3. 11 Hen. 7. 20. where Tenant in Dower infeoffs the Heir without deed c. so here in that she took nothing by the Feoffment there was no charge at the time of the Feoffment And this possibility of a remainder doth not make an interest and thereupon he cited 8 Ed. 3. 3. Fitz. resceipt 35 Resceit upon Cond where Tenant for life lets the Land to one upon condition that if he dye in the life of the Lessor that it shall retourn to the Lessor c. upon such a matter he may be received and he cited for that the case of Wheler 14 Hen. ● fol. 17. and a title suspended is no title 3 Hen. 7. 12. 30 Ed. 3. Lease for life upon condition that if the Rent be behind then he shall retain the Land c. and he said that the opinion of B●omley in Fulmerstons case was contrary thereunto but yet he said in 3 Eliz. he hath a report which was adjudged contrary to the opinion of Bromley And allso he cited 50 Ed. 3. that a man shall not have the Rent and the Tenancy of the Land allso And so it seemed to him that the Plaintif shall be barred 18. THE case of Fr. Ashpool was moved again by Fenner Hue and cry and it seemed to him that the Plaintif ought to make Hue and cry for as he said it hath allwaies been the manner of pleading and allso it hath been allwaies parcell of his issue to prove Allso he argued that he should not have remedy by the Statute post occasum solis For Stamford saith expresly that if a man be robbed in the day that he shall have remedy and the day shall be said but from the rising of the Sun to the fall thereof for the words of the Statute are that the Gates of the walled Towns shall be shut ab occasu usque ad ortum solis and then if the Gates be shut and that walled Town be within a Hundred how can they make Hue and cry And the case in 3 Ed. 3. is not like to this case Fresh suit by the Hundreders for there it was enquired and found of the Dozen Anderson The fresh suit mentioned in the Statute ought to be made by the Inhabitants and not by the parties and I am of your opinion that Hue and cry was at the Common Law but what of that But look the Statute and there is no word of Hue and cry And the Statute of 28 Ed. 3. is an exposition of that Statute and there is no mention thereof but Fresh suit is there mentioned which ought to be made by the Inhabitants And by those Statutes it seemeth clearly that the Inhabitants ought to guard the Country in such sort as men may safely travell without robbing And for the night Sir wee ought to construe it as it is most reasonable and about the setting of the Sun is the common time of robbing and therefore if this shall not be intended by the Statute nothing shall be intended and allthough the walled Towns cannot persue Walled Towns may keep the waies yet they may keep the waies so that no robberies shall be committed and this is both day and night as I think And if a man be slain in the robbery so that no Hue and cry can be made I doubt not but the Country shall answer for the robbery A man is robbed slain and bound and so if he be bound And if Hue and Cry ought to be when ought it to be For if a man be bound two dayes together he had as good make no Hue and cry as make Hue and cry afterwards and yet I hope you will agree that this man shall be relieved by the Statute which case was agreed by all the Court. Peryam The day without doubt is after the Sun-set Day after Sun-set Rodes cited the case of waging Battail in an Appeal in Stamford And so by agreement of all the Justices Judgement was entred for the Plaintif but Fenner sayd privately that in his conscience it was against the Law yet notwithstanding all the Judges were clear in opinion and the Serjeants of the other part allso So that it seemed to the Judges that no Hue and Cry is necessary by the party for they all agreed that the Country ought to be kept so that no Robberies be committed And Anderson and Rodes affirmed precisely that it is not necessary and the other agreed in the reason thereof and sayd that it is not mentioned in the Statute but sayd that the waies ought to be kept so that men may travell safely or otherwise it is against the Statute 19. IN a Writ of False Judgement brought against the Mayor Tryall Sherifs Citizens and Commonalty of Norwich it was moved where the Issue shall be tryed and per Curiam it shall not be tryed there but yet the Action may be used there And in the same case it was demanded Summons if the Sherif may summon himself and the Court answered that he could not and Peryam sayd that so it hath been adjudged here many times 20. THe ●ast day of the Term the matter of Lassels was moved again and it seemed to Anderson that the Obligation is voyd in that there is an express form limited by the Statute and this varying from the form in substance is voyd for in his opinion he excludes the

Priority which is not corporall neither ought it to be put in view in Assise and 21 Hen. 6. a. Tenant of the Land shall Attorn upon the grant of a rent charge and 33 Ed. 3. Priority shall hold place when the remainder falleth and not when it is granted 17 Ed. 2. and Dyer Tr. 23 Eliz. pl. 1. Then Sir when the foundation out of which the rent is issuing is gone the rent is allso gone and therefore let us see what authority Tenant in tayl hath in the remainder At the Common Law there was no Formdone in descender or remainder and the Statute of W. 2. cap. 1. provides but for two persons viz. he in reversion and the issues but Formdone in remainder is taken by the equity 50 Ed. 3. If Tenant for life be the remainder in tayl to another the remainder in fee to the Tenant for life and he makes wast Wast Bargain de remain Tenant in remainder shall punish him and Fitzh nat br fol. 193. a. Cui in vita by a wife which was Tenant in tayl upon the alienation of her husband And I think that if he in remainder bargain his remainder that it is voyd and he cannot grant to another that he shall dig in the soyl for by 2 Hen. 7. he in reversion cannot doe so 12 Ed. 4. Recovery suffered shall bind the issue 7 Ed. 3. no attaint lieth for him in remainder of a verdict given against Tenant for life Nul attaint pur tenant in rem then in this case he in remainder cannot enter and the Grantee shall not be in a better estate than his Grantor and then if he shall never enter frustra est illa potentia qua nunquam reducitur in actum The reason for the grant is good for when Tenant in tayl dyeth without issue he in remainder shall be in by the first gift in proof whereof is 33 Hen. 6. he in remainder shall be in ward Ward and in 11 Hen. 4. in Formdone in descender Formdone he shall say that the possession was given to his father Prebendary And a Prebendary cannot charge before induction Ioyntenants But if two Jointenants be and the one charge all and the other disclaimeth the charge is good from the beginning And the Recoverer here is not under the charge for allthough he hath that estate which he in remainder should have if Tenant in tayl had not aliened yet is he a meer stranger and in by another title 10 Ed. 3. If two Jointenants be Charge per Ioyntenant and the one charge this is good conditionally that he which chargeth shall survive And if Tenant pur auter vie charge and die occupans shall hold it discharged So in this case for he is not in of this possession Moreover there is a mischief if this charge be good for then the Land may be charged by two severall persons at once which shall not be suffered but yet if cestui que use charge and the Feoffees charge both are good for the one is by the Common Law Charge per cest que use Feoffees 28 Ed. 3. 10. b. and the other by the Statute Law So if Lessee for years charge and he in reversion charge and after Lessee for years surrender but this is in severall respects and I put this case for Law Ch. per lessee per enreversion that if he in the remainder bind himself in a Statute Merchant Stat. Merch. per test en rem ne charge le poss this shall not charge the possession And if in this case he will grant the rent over none ought to Attorn and therefore voyd and Littleton saith that he in remainder shall not falsifie No attornment Falsifying and 26 Hen. 8. the Grantee of lessee for years shall not falsifie for the nature of falsifying is properly to find a fault wherefore it should not be good and what fault can he find in this case surely none Successor lie per confession 4 Hen. 7. 1. a. 20 Hen. 6. Abbot confesseth an Action the Successor is bound And further it is within the Statute of 27 El. for fraudulent deeds and we need not to plead the covin for the Statute is generall Fraudulent faits and vouched Wimbish case in the Comentaries and so the Replevin is maintainable And after at the motion of the Justices the Defendant agreed that the Plaintif should amend his Plea and allege the Covin Et adjornatur untill Michaelmas Term following because there were so many Demurrers hanging to be argued in Trinity Term next But afterwards judgement was given against the Rent charge 12. KIng Hen. 8. gave certain lands to Sir Edward Bainton Trespass Knight and to the heirs males of his body engendred who had issue Andrew and Edward and dyed Andrew afterwards convenanted with the Lord Admirall Thomas Seymer that he would convey an Estate of those Lands to himself for life the remainder to the Lord Seymer in Fee and in like manner the Lord Seymer convenanted to convey an Estate of other Lands to himself for life the remainder to Andrew Bainton in Fee Afterwards Andrew Bainton levyed a Fine and executed the estate according to the covenant on his part Afterwards the Lord Seymer before performance of the covenant on his part was attainted of High Treason and all his Lands forfeited to King Edward the sixth who dyed without issue and the Lands descended to Queen Mary to whom Andrew Bainton sued by Petition and shewed how she had those Lands to the disinherison of him and his heirs and Queen Mary by her Letters Patents ex certa scientia ex mer● motu c. granted to Bainton all those Lands and Tenements which he had covenanted to convey to the Lord Seymer and all reversions thereof in as ample manner as she had them Et ulterius ex uberiori gratia sua she granted all reversions claims and demands qua ad manus suas devenerunt ratione c. aut in manibus suis existunt aut existere deberent Afterwards Andrew Bainton levyed a Fine of those Lands to one Segar in Fee and dyed without issue then Edward Bainton entred and Segar brought his Action of Trepass Puckering It seemeth that the entry of Edward Bainton is congeable and so the Action not maintainable First let us see what passeth by this Grant of Queen Mary to Andrew Bainton and then whether a Fine levyed by Tenant in tayl the reversion being in the Queen be a bar to the tayl by the Statute of 4 Hen. 7. The first Fine as it is pleaded is not pleaded with proclamations and therefore but a discontinuance and remains but as at the Common Law At the Common Law before the Statute of D●nis conditionalibus a Fine levyed was a bar to all men for all Inheritances were Fee simples then by that Statute it was ordained Quod neque per factum neque feofamentum of the Tenant

Livery per baron and would have made Livery but the Wife would not agree to the Livery yet notwithstanding the contradiction of the Wife the Livery was Adjuged good 33 Hen. 6. Husband and Wife are Plantifs in an Assise Nonsuite del feme and the Husband would Prosecute but the Wife would be Nonsuite the act of the Husband shall be accepted and the act of the Wife rejected So if the Husband will make an Attourny and the Wife wil dissavow him Attourny yet he shall be their Attourny And as I think this Limitation by the Husband shall bind the Wife in perpetuity Case per fine indentare Difference Juris clamat For if the Husband make a Lease of the wifes Land for 100 years the Wife may avoid it after his death but if after they both Levy a Fine the Lease shall be good-for ever And 11 Hen. 4. He in Reversion and one which hath nothing Levy a Fine quid juris clamat shall be brought against them both And as I conceive it it shall be counted her folly Reentry per condition that will take such a Husband as will Limit such uses For if a Wife hath an Estate in Land upon condition for not payment of Rent that the Feoffor shall reenter if she take a Husband which doth not pay the Rent whereby the Feoffor or his Heires reenter the Estate of the Wife is utterly defeated And in 4 Ed. 2. A woman Tenant takes a Husband Cessavit who ceaseth by two yeares whereby the Lord bringeth a Cessavit and recovereth the Inheritance of the Wife she shall be bound And this appeareth in Fitzh in Cui invita 21. And it shall be so if the Wife hath but a Freehold Wast as it is in 3 Ed. 3. A woman Lessee takes a Husband who maketh Wast whereby the Land is recovered and 48 Ed. 3. fol 18. Husband and Wife sell the Land of the Wife this is onely the sale of the Husband but if after they Levy a Fine this shall bind the Wife And for express Authority it is the case in Dyer Joynture fol. 290. a pl. 2. And so it is a Common case if a man seised of Lands takes a Wife who hath a Jointure in his Land and he makes a Limitation of uses and after they both Levy a Fine this shall be the Limitation by the Husband because it shall be intended that the Wife consented if it doth not appear to the contrary Whereby the Declaration of the use here by the Husband shall be good to bind the Wife and therefore Judgement ought to be given for the Plantif Fe●ner to the contrary for here the Inheritance is in the Wife and where the Husband limits further than he hath Authority there the Law shall make a Declaration of the uses for the Husband cannot Limit uses of that which he hath not 21 Ed. 3. A man takes a Wife seised of Lands in Fee Atteynder del feme and before that the Husband was intitled to be Tenant by the Curtesie the Wife was attainted of Treason Homage the Land shall be forfeit and 44 Ed. 3. He shall not make Homage Conusans before he be intitled to be Tenant by the Curtesie 12 R. 2. Conusans shall be made by the Bayley of the Husband in the name of the Husband and Wife Warranoy And in this case the Conisee is in in the per by the Wife and Warranty made to the Husband shall inure to the Wife and 18 Ed. 3. A man seised of a Mannor in right of his Wife Villain to which there is a Villain regardant the Villain Purchaseth Lands the Husband shall be seised of the Perquisite in right of his Wife And yet otherwise it is where a man is Lessee for years of a Mannor to which c. For he shall be seised of the Perquisite in his own Right Divorce 12. lib. Ass If he be Divorced his Estate is gone Lease Rent ch diversity And I agree to the case put by my Brother Shut Where the Husband makes a Lease for years and after he and his Wife levy a Fine there the Lease shall be good but if the Husband grant a Rent charge and after he and his Wife Levy a Fine I do not agree that this is good for in the first case the Conisee found one which had an Interest in the Land but not in the last Then Sir here the Husband hath no power to Limit the use for the Land of his Wife to indure for ever Feoffee al use 28 Hen. 8. The Feoffece to use at the Common Law Limits an use to a stranger this Devesteth the first use but if he limit is to cestui que use then it is an ancient use and not new And so it is if Tenant for life and he in Reversion levy a Fine this sha●l be to the use of him in Reversion 2 Loyntenants And so if two Joyntenants be in Fee and they limit severall uses this shall be good according to their limitations for the Moities of either of them and for no more And if Husband and Wife levy a Fine to the use of the Husbands Sonne Fits del baron yet this is to the use of the Wife but if he be the Wifes Sonne allso then this is a good consideration and the use shall be accordingly And these cases I put to this intent that when a man limits an use which is repugnant Vse repugnant or further than he hath Authority the Law shall make a Declaration of the same use for Bracton saith Nemo potest ad alterum plus juris tranferre quam ipse habet And I take the Law if Husband and Wife levy a Fine of the Lands of the Wife and render back to the Wife in Tail Fine levie de terres del feme O●e r●eder al feme en tail and the Husband dye and the Wife discontinue that this is not a Purchase of the Husband within the Statute of 11 Hen. 7. And so it was here adjuged in 18. of Eliz. in Alexanders case And I agree to that which hath been said that the Wife only cannot limit uses but because the Jury hath found for ●he Defendant if the limitation by the Husband be not good as I think it is not then Judgement shall be given for the Defendant Concessum Adjornatur 14 WIlliam Knight Eject firm as Eessee for yeas to Sir John Fortescne and Rich. Thikston Gentleman brought an Executione firme against W. Bre●h of one Mesnage with the Appurtenances in Themilstreet in the Parish of St. James Clarkenwell the Defendant pleaded not guilty and the Jury appeared at the Bar and Evidence given on both sides And at the length the Plantif Demurred in Law upon the Evidence given for the Defendant Demurrer al evidence and thereupon the Jury were discharged And now Gawdy the Queens Serjeant

without consideration and so here But the Justices held the contrary and that the consideration is good for in considerations praemissorum is in consideration of the Mariage as well as of the refusall of the Father and allso it was alleged that Garbrey was Cosen German to Brown and therefore c. Anderson If a communication be between two and the Father promise to make a Joynture and a stranger say that if the Father will not then he will doe it this is a good consideration and there is no necessity to be so curious in the consideration for that is not traversable Consideration executory traversable But Cook sayd that if it be Executory then it is traversable Another Error Cook assigned because they had not alleged a not performance in the Father for the promise of the Father was to make a Feoffment to the use c. and they averre that allthough that he did not make a gift in tayl which cannot be the same thing which the Father should doe for an estate to use in tayl and a gift in tayl is not all one But the Justices held it good for by the Statute of 27 H. 8. the use is executed and so the estate executed Also the Declaration was that he had not made a gift in tayl secundum agreamentum praedictum But Cook moved that it should not be good for if a man be bound to make an estate to another in the per and he make it in the post this is no performance and here by the Statute he is in in the post and the not performance is alleged to be because he did it not in the per and saith that he which is in by the Statute shall not vouch for he is in in the post and he cited Winters case which was not denyed but Peryam said that considerations in actions upon the Case and Conditions are not all one 9. IN the Kings bench the case was such Coppyhold John Kipping being a Copiholder devised it to his Wife for life the Remainder to VVilliam his son in Fee and made a Surrender to that use and the Wife is admitted generally Generall admittance now if this be an admittance of him in Remainder also was the question And Godfrey argued that it was not for it is not like to the case of descent where the reversion should have descended for in this case VVilliam cannot Surrender before admittance but he agreed that one which hath it by discent may surrender before admittance for in that case it shall be said possessio fratris Surrender but when it is by purchase then that cannot be surrendred whereof admittance ought to be Meseu because the Lord ought to have a fine of him therefore he likened it to the case in 18 E. 4. where the Mesne graunts the Mesnality for life the remainder in fee and the Tenant attornes to the Tenant for life if he had cause of acquittance against the Mesne this shall not be an attornment to him in remainder so here if this shall be good to him in remainder then is the Lord without remedy for his fine Vesting of a remainder But Cooke the famous Utter-Barrister argued to the contrary for the Remainder vested when the particular estate vested or els it shall never vest but it shall not be void ergo it is excuted when the particular estate c. And therefore he said clearly that an admittance of the particular Tenant is an admittance of him in Remainder and that the Lord cannot have his fine if it be agreed that the Heir may surrender before admittance Scire facias upon a fine and yet the Lord ought to have a fine of him And in 7 Ric. 2. Fitzherbert scire facias 3. where Tenant for life sueth execution this is an execution for him in Remainder Audita quaerela And in Fitzherbert Na. Br. fol. 201. where one deviseth for life the Remainder in tayl and an ex gravi querela was sued this shall serve as well for Tenant in Remainder as for Tenant for life Attornment and 18 Ed. 4. 7. and the time of Ed. 4. Fitzherbert Attorn 21. that attornment to the Tenant for life is good to him in Remainder and VVeldons case in the Commentaries Assent to the Devisee that assent to the Devisee for life is an execution of the devise to him in the Remainder 11. THe case of the Resceit was moved again Resceit and Shuttleworth said that he cannot be resceived because he is named in the Writ And said that he had searched all the books and there is not one Case where he which is named in the Writ may be resceived Anderson What of that Reason shall not we give judgement because it is notadjudged in the bookes before wee will give judgement according to reason and if there bee no reason in the bookes I will not regard them Shuttleworth Hee is at no mischief here for in 33 H. 6. the Tenant came at the grand cape and said that he had nothing Nihil habet and the Court said that it was no plea for if he hath nothing he can lose nothing And so here if he be ousted where he hath good right Reentrie he may re-enter and falsify the recoverie Peryam But he shall be put out of possession which is a mischief and remedied by the Statute Shuttleworth I hold clearly that a Termer cannot falsify at the Common Law because a term was not regarded Peryam The books doubt thereof but Anderson seemed to assent to Shuttleworth and that the Covyn shall be traversable which Peryam denyed clearly and said that he ought to averr the Covyn 12. A Man was condemned in an action of Debt and brought an Audita querela upon a release Supersedeas and had a supersedeas Peryam If the Sherif take him before that he hath notice of the Writ although it be after the Teste yet it is well done but otherwise of an Utlary But Fenner and Walmisley held to the contrary and Fenner said that he had seen a President to the contrary 13. AN Action upon the Case was brought against Mathew late Under-Sheriff of Hampshire Declaration double that where an Execution was directed to him by vertue whereof he had taken goods to the value of the execution and sold them for less and that he hath not retorned the Writ and upon this Declaration the Defendant demurred in law because it was alleged to be double But Fenner held the contrary said that an Action upon the Case is like to an Action of Covenant where a man may shew all the covenants broken Curia If the one matter be depending upon the other it shall not be double and here all is Dependance is not double for not retourning of the same Writ Wherefore Fenner said that he would not amend his Declaration let the other Demur if he would sed quaere for

in arrest of Judgement after Verdict for the Plaintif and the Court seemed prima facie that they are not But after the case was moved by Harris for the Plaintif and then by the consent of all the Court Judgement was given for the Plaintif And Popham said that to say that an Attorney will overthrow his Clients cause is an Actionable slander 22. COllet brought a Writ of Error against Marshe Error for non summons upon a Judgement given in the Common place in a praecipe quod reddat And assigned for Error for that by the Statute de 31 Eliz. cap. 13. it is inacted for the avoiding of secret summons in reall Actions without convenient notice of the Tenants of the Freehold that after every summons upon the Land in any reall Action fourteen daies at the least before the Retorn thereof Proclamations of the summons shall be made on a Sunday at or near the most usuall door of the Church or Chapell of that Town or Parish where the Land whereupon the summons were made doth lie and these Proclamations so made as aforesaid c. ut in Statuto And in this case there was not any Proclamation made at the Church door And whether the Plaintif shall have an Averment against the Sherifs Retorn was the question And adjudged that the party shall not have the Averment against the Retorn of the Sherif No averment against a Sherifs retorn For if the Retorn be false the party shall have an Action upon the case against the Sherif 23. POrtman brought an ejectione firme against Willis and a speciall Verdict was foun● that Roger Hill was possessed of a Lease for years and gave divers personall Legacies to severall persons and gave all his other goods and Chattells to his Wife and whether the Wife shall have this Term being a Chattell reall or not was the question 24. GRay brings Trespass against Trowe Fish in a pond for entring into his Close and taking of Fish out of a Fish-pond with nets and other Engines The defendant pleaded that long time before the Trespass was done one Thomas Grey was seised of the Close and Pond and put the Fishes into the Pond and after the said Thomas Grey made the Defendant his Executor and died And he as Executor took the said Fishes Chattells descendable and upon that the Plaintif demurred and it was adjudged that the Heir shall have the Fishes in the Pond and not the Executors Felony for they are Chattells descendable but by Clinch it is Felony to take them Popham If they be in a Trunck so that they may be taken out by the hands of men without nets or other Engins there it is Fellony but otherwise it is not Fellony 25. THynn brings Debt against Cholmeley for 300. p. of arrerages of a nomine poenae Nomine poenae against an Assignee and declared of a Lease for years made by him to one Agar rendring Rent And if default of payment be made of payment of the said Rent at any day in which it ought to be paid that then so often the said A. his Executor and Assignes shall pay 3. s 4. p. for every day untill the aforesaid Rent so behind shall be satisfied And shewed how the Rent was behind and not payed for two years But doth not say that he demanded the Rent Jackson The sum demanded is by computation more than is due reckoning but iij. s iiij d. for every day that the Rent is arrear And if that be his intent he demands too little for in two years that will be infinite Gawdy It seemeth that he shall not have but onely iij. s iiij d. for every day Fenner I think he ought to make demand of the Rent or otherwise he shall never have the nomine poenae Gawdy No truly no more than in debt upon an Obligation and he cited 21 Hen. 6. 21 Edw. 4. 22 nomine poenae Fenner The cases are not alike In demand for in debt upon an Obligation there is a duty but otherwise it is of Rent And it was agreed that the action well lieth against an Assignee in this case 26. HUmphrey Parlor brought an Action upon the case for words against I. S. And the words were these Slander viz. Parlor was in Prison in a Jail for stealing of Mr. Piggots Beasts and it was pleaded in arrest of Judgement that the Action doth not lie forasmuch as it is not presciely alleged and affirmed that he stole the Beasts But by Implicatior Nevertheless Judgement was given for the Plaintif for by Fenner if he had said he had been in Prison for suspition of stealing Mr. Piggots Beasts no Action will lie for a treue man may be suspected But here is a direct affirmance of stealing For a man cannot be imprisoned for stealing if he do not steal 27. THe Earl of Pembr●ok brought an Action upon the case against Henry Barkley militem Proviso and the case in effect was such that the late Earl of Pembrook Father of the now Pla●ntif was seised in Fee of the Mannor of D. in com●tatu Somerset and by reason of that he had the Office of Liuetenantship in the Forrest of Cromcelwood and of all the Walks in that And by reason of the said Office had all the commandement of the game within the Forrest and he so seised the Earl granted to Sir Maurice B. Father of the now Defendant and to the Heirs Males of his body the Keepership of a walk called S. in the West part of the Forrest and in the said Deed of grant were such words Provided allwaies and the said Sir Mawrice B. doth Covenant and grant to and with the said Earl of Pembrook that it shall and may be lawfull to and for the Earl his Heirs and Assignes to have the preheminence of the game within the said Walk Provided allso and the said Sir M. B. doth further Covenant and grant to and with the said Earl That neither he the said Sir M. his Heirs or Assignes shall or will cut down any Timbertrees growing within the said Walk And after Sir M. B. died and the said Sir H. was his Son and Heir and cut down Trees within the Walk And the Lord of P. commanded his servants to enter into the said West-walk and there to Walk And Sir H. B. did disturb them and upon that the Action was brought and the point of the case was if the wordes in the second Proviso make a Condition or but a Covenant Gawdy I doubt of the case for all the question of the case is if it be a Condition or but a Covenant And as I am now advised ●●hit is but a Covenant and no Condition For in all cases where this word Proviso ought to make a Condition there ought to be a perfect sentence to explain the meaning of the parties or otherwise it is no Condition As if the wordes are provided allwaies that if the Rent be behind and

dyed and if the estate of Tho. was determined by the death of Nich. was the question Johnson There are two points in the case the first if by this word Assignee an Occupant shall have the land and I think he shall not And the second point is when a lease is made to one and his Assignees for his own life and the lives of two others if now his own life confound the other two lives for that that it is greater to the Lessee than the other two lives and he said the Lessee hath no estate but for his own life and when he dyed the state is determined and to prove that he cited the opinion of Knightley in 28 Hen. 8. 10. Where he saith if a lease be made to one pur auter vie without impeachment of Wast the remainder to him for his own life that now he is punishable of Wast for that that when the remainder is limited unto him for his own life Wast against the surviving Joyntenant this drowneth the estate pur auter vie which was in him before And by 3 Edw. 3. If a lease be made to two for their lives without impeachment of Wast and one of them purchase the Fee simple and dye now his heir shall have Wast against the Survivor And I have heard that this was the case of the Lord Aburgaveney for a house in Warwick lane Cook è contra And the case is no more but that a lease is made to one and his Assignes for his own life Remainder for years to the tenant for life and for the lives of two others and I think that all may stand together for a man may have an estate for his own life the remainder for yeares and both may stand together in him simul semel for that that albeit that the Lessee may not have that during his own life yet he may dispose of that and by that means shall have the benefit and so in this case and allso an estate pur auter vie shall be in esse in the Lessee for the benefit of the Occupant and the inconveniencies shall be exceeding many in this case if the estate doth not endure for all their lifes for the Statute of 32 H. 8. inableth Tenant in tayl to make leases for 3 lives or 21 years and usually Tenants in tayl make such leases as these be and for that the generality of the case ought greatly to be regarded and there was a case adjudged in the Common place between Chambers and Gostock Chambers against Gostock where a lease was made to two for their lives and the life of a stranger and one of the Lessees dyed and the Survivor granted the land for his life and the life of the stranger Burdels case and it was no forfeiture and allso it was Burdels case in the Common-place 32 Eliz. where a lease was to him for his own life and the lives of two others and a good lease for all their lives Occupant And for the point of the Occupant there is no question but that the state of him that first enters is better than the state of him that enters under the state of the Lessor Gawdy The cases put by Mr. Johnson are not like to the case in question The greater estate preceding the less both may stand and I will agree them for here the greater estate precedeth the lesser I hold that a lease made to one for his life the remainder to him for anothers life is good for he may it grant over and so I think in this case that so long as any of the lives remain living that the estate remains Fenner I am of the same opinion for I think that the state pur auter vies is in the party to dispose at his pleasure so Judgment was given for the Defendant 87. HArding brought an Action of Trover of goods against Sh●rman Visne and declared of a Trover at D. in the County of Hunt The Defendant pleaded that he bought the goods of one I. S. at Roiston in the County of Hertford in open Market and demanded Judgement The Plaintif replied that the Defendant bought the same goods of the said I. S. at D. aforesaid in the County of Huntington by fraud and Covin And after bought them again at Roiston as the Defendant supposeth the Defendant rejoines that he bought the same goods bona fide at Roiston Absque hoc that he bought them by fraud apud D. in Com. Hunt Glanvile pleaded in arrest of Judgement that the Visne ought to be of both Counties Gawdy seemeth to agree but for that that Clinch and Fenner held strongly that the Visne was well awarded in one of the Counties therefore Gawdy gave Judgement for the Plaintif for by this speciall Traverse the buying at Roiston shall not come in question 88. PAyton being High-Sherif Keep harmless brought Debt upon an Obligation against his under-Sherif and the Condition was to perform all Covenants in a pair of Indentures conteined and one Covenant was that the under-sherif shall keep all the Prisoners committed to him untill they be delivered by the Law and allso to save Mr. Payton harmless of all escapes made by the said Prisoners And the Defendant pleaded performance of all Covenants Godfry The Plea is not good for one part is in the Affirmative and the other in the Negative By which the Defendant ought to plead that the Plaintif non fuit damnifieatus and so was the opinion of the Court by which day was given to the De●endant to amend his plea. 89. A Man brought an Action of Trespass for entring into an house and breaking of his close in Dale Variance between the declaration and the new assignment or the title of the Plaintif The Defendant said that the said house and close in which the Trespass is supposed to be done conteins twenty Acres and is at the time of the Trespass supposed was his Freehold And the Plaintif replyed quod locus clausa in quo supponitur transgressio est anum messuagium and makes him a Title to it To which the Defendant pleaded non Cul. And it was found for the Plaintif and for that that the Plaintif by his Replication made to him Title but to a messuage and doth not maintain his Declaration which was for the messuage and the close therefore it was awarded quod querens nihil capiat per Billam sed quare if this do not amount to a discontinuance of the close onely and so helped by the Verdict 90. THomas Allen brought a Writ of Debt against William Abraham upon an Obligation bearing date in October Counterbond for an Obligation allready forfeited The Condition was that whereas the sayd Thomas Allen at the request of the above bounden William Abraham standeth bound together with the sayd William unto one J. S. in an Obligation for the true payment of 11. l. the 15. day of May the which May was before the

pag. 40. pl. 18. pag. 41. pl. 18. pag. 158. pl. 86. By what acts an Obligation shall be forfeited by what not pag. 49 50. pl. 10 11. What shall be forfeited to the King by Utlawry what not pag. 55. pl. 8. pag. 103 104. pl. 9. pag. 105. pl. 9. pag. 189. pl. 136. VVhere one shall forfeit his goods where not pag. 135. pl. 35. By what acts a copyhold is forfeited by what not pag. 143. pl. 59. pag. 188. pl. 136. By what acts a liberty may be forfeited by what not pag. 146. pl. 63. Fresh suite Where fresh suit is required and where not pag. 60 61. pl. 18. Fraud vide covin What shall be said fraud what not pag. 116. pl. 12. pag. 118. pl. 2. pag. 176. c. pl. 111. G GRrants of the King and common persons Where an incertain grant may take effect afterwards pag. 7. pl 11. VVhaet grant by the King is good what not pag. 7. pl. 11. VVhat grant by Tenant in tail shall bind the issue pag. 7. pl. 11. VVhat things are grantable over what not pag. 31. pl. 1. pag. 74 75. pl. 2. pag. 81. pl. 18. pag. 112. pl. 19. pag. 117. pl. 15. pag. 184. pl. 123. pag. 186. pl. 134. VVhat grant of a reversion is good what not pag. 26. pl. 7. VVhat construction grants shall have pag. 121. pl. 7. H HEretick Who is an heritick who not pag. 36. pl. 10. Heir What things the Heir shall have what not pag. 98. pl. 17. pag. 129. pl. 24. Heriot What Remedy the Lord hath for his Herriot pag. 189. pl. 138. Homage Where one shall not do Homage pag. 14. pl. 13. Hue and cry Where Hue and cry is requisite where not pag. 56. pl. 10. pag. 60 61. pl. 18. Hundred Where an Action lies against an Hundred where not pag. 55 pl. 9. pag. 56. pl. 10. pa. 58. pl. 16. pag. 60 61. pl. 18. pa. 70. pl. 74. pag. 86. pl. 11. pag. 148. pl. 69. Husband and Wife What Acts of the Husband shall bind the Wife and what not pag. 13 14. pl. 13 14. In what Actions the Husband and Wife may joyn in and what not pag. 52. pl. 1. pag. 159. 160. pl. 91. VVhat Acts the wife may do without her Husband what not pag. 110. pl. 15. pag. 160. pl. 91. VVhat Acts the husband is compellable to do for the Wife pag. 127. pl. 19. I IEofail VVhat things are helped by the Statute of Jeofailes what not pag. 38. pl. 10. pag. 47 48. pl. 7. pag. 49. pl. 9. 16. pag. 90. pl. 1. pa. 109. pl. 157. pag. 126. pl. 16. pag. 159. pl. 89. pag. 181. pl. 32. How the Statute of Jeofailes shall be interpreted pag. 48. pl. 5. Imprisonment By what warrant one shall be said to be committed by what not pag. 133. pl. 31. Inquest What Inquest is good what not pag. 172 173. pl. 105. Infant What Acts of an Infant shall bind him and what not pag. 168. pl. 99. pag. 169. pl. 9. Incumbent Who shall be an Incumbent in a Church who not pag. 162. c. pl. 97. Interpretation How a Proviso shall be interpreted pag. 116 117. pl. 16. Indictment What is a good Indictment and what not pag. 132. pl. 29. pag. 162. pl. 95. Institution What is a good Institution to a church what not pag. 146. pl. 64. Interest VVhat shall make an interest in Land what not pag. 59. pl. 17. Who have an interest in Land and who not pag. 78. pl. 9. Intendment How Intendments shall be taken to inure pag. 70. pl. 13. Jointenants Who shall be Jointenants who Tenants in common pag. 28. pl. 2. pag. 29. pl. 2. pag. 141. pl. 53. Jointure Where a woman may refuse her Jointure where not pag. 84 85. pl 6 Issue and Issues What shall be a good issue what not pag. 39. pl. 16. Where an issue ought to be tried where not pag. 61. pl. 19. How issues ought to be levied pag. 140. pl. 50. Jury Who is a sufficient Juror and who not pag. 136 137. pl. 39. Judgement How a Judgement ought to be entred pag. 41. pl. 18. pag. 42. pl. 2. pag. 64. p. 3. Where Judgement shall be for the Plaintif where for the Defendant pag. 73. pl. 19. What Judgement is good what not pag. 119. pl. 4. pag. 162. pl. 95. How a Iudgement ought to be avoided pag. 128. pl. 20. Iurisdiction Where the temporall court hath Iurisdiction where not pag. 149 150. pl. 75. L LApse Who shall present by Lapse who not pag. 78. pl. 107. pag. 83 84. pl. 4. pa. 86. pl. 9. Lease Where a Lease shall be determined and where not pag. 71. pl. 16. pag. 179. pl. 112. What Leases are good what not pa. 120. pl. 7. pa. 138. pl. 44. pa. 154 155. pl. 82. pag. 157. 158. pl. 86. pag. 162. c. pl. 97. pa. 171. pl. 102. pag. 173. p. 106. pag. 186. pl. 130. Levy What is a good Levy what not pag. 140. pl. 50. Liberate Where a Liberate shall issue forth where not pa. 119. pl. 5. Licence What is a good Licence to do a thing what not pag. 163. pl. 97. 166. pl. 97. Livery and seisin How a Livery and seisin must be defeated pag. 178. pl. 111. What Livery and seisin is good what not pag. 1. pl. 4. pag. 13. pl. 13. Limitation Where one shall take Lands by way of Limitation where not pag. 134 135. pl. 33. pag. 152 153 154. pl. 80. What words make a Limitation what not pag. 179. pl. 112. M Maintenance What shall be said Maintenance what not pag. 101 102. pl. 6. pag. 113. pl. 1. pag. 118. pl. 120. Where an Action for maintenance must be brought where not pa. 113. pl. 1. Melius inquirendum For what cause a melius inquirendum issueth forth pag. 2. pl. 14. Mean profits Where one shall answer the mean profits and where not pag. 118 119. pl. 2. Member What is a member of a thing what not pag. 105 106. pl. 10. Misnameing What Misninameing shall hurt what not pa. 120 1211 122 123. pl. 7. Monstrans de droit Where one is put to his Monstrans de droit where not pag. 125. pl. 13. Murder What shall be accounted murder what not pag. 107. pl. 110. N Notice Where Notice ought to be given of a thing to be done and where not pag. 34. pl. 10. pa. 139 140. pl. 49. pa. 141. pl. 52. pag. 146. pl. 64. pag. 147. pl. 67. What shall be a good Notice what not pag. 147. pl. 67. Nonsuit Who may be Nonsuit who not pag. 53. pl. 3 Nonresidency What is Nonresidency what not pag. 169 170. pl. 100. O Obligation VVhat Obligation is good and what is not pag. 61. pl. 20. pag. 54. pl. 6. pag. 66. pl. 9. pag. 186 187. pl. 132. pag. 189. pl. 137. Occupancie Where there shall be an occupancy where not pag. 157. 158. pl. 86. Office How Offices shall be taken to inure in the case of the King and how in the case of a Common person

keep their Country in such sort so that men may safely travell upon their way So that at this time the Court held that he should be aided by the Statute and also that no Hue and cry was necessary or convenient to be made by the party but they were not resolved and therefore they gave a day to have it argued again 11. AN Action upon the case was brought for these words Normans case thou wouldest have stoln a piece of cloth or else thou wouldest have delivered it to my Wifes Daughter and thou art a thief and an arrant thief and I will prove it and upon not guilty pleaded it was found for the Plaintif And the Defendant spoke in arrest of Judgement because the former words proved but onely an Intent Words which was no Flony and the last words shall be referred thereunto and therefore the Action not maintenable But now Shuttleworth moved for Judgement for the Plaintif because the last words are sufficient by themselves and shall not be referred to the former because they were spoken absolutely by themselves and so was the opinion of three Justices Anderson absente Rodes Otherwise it is if the words had been Therefore and therefore thou art a thief 12. SAmuell Hayles brought an Action of debt upon an Obligation the Condition was that if the Defendant did pay to the Plaintif 40. l. within twenty dayes after the retourn of one Russell into England from the City of Venice in the parts beyond the Seas that then c. and the Defendant pleaded in Bar that Russell was not at the City of Venice whereupon the Plaintif demurred in Law and at this day the Record was read and clearly per 3. Justices Anderson absente it is no good Plea For in such cases where parcell is to be done within the Realm and parcell without the Realm they ought to plead such a Plea as is triable in this Realm and therefore they commanded the Serjeant to move for Judgement when Anderson was present and so he did the last day of the Term and Judgement was given for the Plaintif by all the Court. 13. IN Trespass by Moor against Hills Attornment the Defendant pleaded that the Dean and Chapter of Westminster made a Lease t● one Payn who made Leases out of it first to A. for certain years rendring Rentand after the end of that Lease then to B. rendring Rent and afterwards sold all the entire interest to the Defendant to whom the second Lessee which had no possession Attorned Possession And the Plaintif moved that he might plead a better Attornment for this is not good because it is no Attornment And so was the opinion of the Court and therefore they gave him day to amend his Plea or else let a Demurrer be entred 14. VPon a wager of Law Payment by estranger it was said by Anderson that if I am bound to you to pay you a certain sum of money and a stranger deliver you a Horse by my assent for the same debt this is no satisfaction So if I be indebted upon a simple contract and a stranger make an Obligation for this debt the Debtor cannot wage his Law for this doth not determine the Contract Et nullut dedixit 15. BEtween Peirce and Davy this was the case Legacie A man covenants with I. S. to pay to A. B. and C. every of them x. l. at the age of twenty four years and makes an Obligation to perform the Covenant And afterwards makes his Will in this sort Item I will that every one of my Wifes Children viz. A. B. and C. shall have every of them x. l. at their severall ages of 21 years in performance of my Bond and Covenant in that behalf made at the time of my Mariage and not otherwise and dyeth Then A. B. and C. sued in the spirittuall Court Prohibition for these Legacies and Peirce brought a Prohibition and they prayed a consultation and the Court seemed to encline to their demand because they were all strangers to the Covenant but yet they would not absolutely grant it And afterwards in Termino Pasch 30. it was moved again and then the Court doubted because it was not given as a Legacy allthough that it was payable before for that it was given in performance of the Covenant and not otherwise and Anderson and Rodes said precisely that a consultation should not be granted sed alii haesitabant But yet they all thought it good reason and conscience that it should be payd wherefore they compounded the matter and gave day to Peirce to pay the money and 2 pound 8 pence to them which had sued in the Spirituall Court for their costs The same Testator allso devised diverse summs of money to his Wife to pay to the said A. B. and C. in performance of his Covenant who had the money accordingly And in debt brought upon the Obligation for the same Covenant the Executor pleaded plene administr 〈◊〉 and upon the Evidence all this matter appeared and the opinion of the Court in the Exchequor was that it shall be assetz and so adjudged there 16. BUrnell of Shrewsbery was robbed in Buckinghamshire Hue and cry and thereupon he brought his Action against the Hundred who pleaded not guilty and the Jury found a speciall Verdict viz. that he was robed the day and year specified in the Declaration but in another place within an other Parish than he had alleged but they found allso that both the Parishes were within the same Hundred and thereupon they prayed the advise of the Court. And three Justices Anderson being in the Starchamber held clearly that the Plaintif shall have Judgement and they said that so was the opinion of my Lord Anderson allso for it is not materiall within what Parish he is robbed so that it be within the same Hundred 17. RIchard Hamington Administr of the goods and Chattels of Isabell Oram brought an Action of debt against James Richards and Mary his Wife Future charge by possibility Administraterix of the goods and Chattells of Laurence Kydwelly upon a bond for performance of covenants and the case was such Tenant for 31 one years deviseth to his Wife as long as she shall be sole and Widow the occupation and Profits of his Term and after her Widowhood expired all the Lease and interest to Reignold his Son and dieth and the Wife hath the Term by force of the Devise and he in the Reversion by Indenture bearing date quinto Decemb An. Mari●● primo did give and grant bargain and sell all that his Tenement to the Wife and to her Heirs for ever And also did covenant to make further assurance and that at the making thereof it should be discharged of all former Bargains Sales Titles Rights Joyntures A Feoffment to her and after also Dowers Morgages Statutes Merch. Statutes Staple intrusions Forfeitures Condemnations Executions Arrerages of Rents and all other