THE FOURTH PART OF THE REPORTS OF SEVERAL CASES OF LAW Argued and Adjudged in the several COURTS at WESTMINSTER In the Time of the late Queen ELIZABETHS Reign Collected by a Learned Professor of the Law WILLIAM LEONARD Esq Then of the Honourable Society of GRAYES-INN PUBLISHED BY WILLIAM HVGHES of Grayes-Inn Esq With TABLES of the Names of the CASES and of the Matters contained in the BOOK LONDON Printed by the Assigns of Richard and Edward Atkins Esquires For Henry Herringman Ben. Griffin Charles Harper and Samuel Keble MDCLXXXVII Cum Gratia Privilegio Regiae Majestatis THE NAMES OF THE Principal Cases Reported in this BOOK A. ACton and Pitcher Pag. 51 Anderson and Heywood 30 Applethwaite and Nertley 56 The Scholars of All Souls and Tamworth 178 Archbishop of York's case 168 214 Arden and Goads 243 Ashpoole and the Inhabitants of Weringham 218 Lord Audleys case 166 210 B. BAbingtons case 123 Bakers case 122 Barkers case 60 Barlow and Pearson 102 Barnard and Trusser 186 Barton and Edmund 5 Bartace and Hind 185 Baspoells case 35 Baxter and Bartlet 156 Bedfield and Rouse 198 Bedingfields case 89 Beechers case 190 Bell and Langley 230 Bettuans case 22 Bills Case 238 Bingham and Squire 61 Bishop of Rochesters Case 23 Bishop of Londons Case 80 214 Bishop of Exeter and Sir Henry Wallop 247 Blaby and Estwick 15 Blithe and Colegate 88 Bluets Case 18 Bluet and Cooke 241 Box and Mounslowe 230 Brookhouses Case 3 Brasiers Case 104 Broome and St. Johns Case 96 Browne and Stulsbye 43 Browne and Peters 144 Browne and Tucker 241 Buckhursts Case 2 Bulwer and Smith 52 Burgess and Foster 215 Bussey and Milfield 61 Butler and Lightfoot 9 C. CAnnon and Osborn 49 Capells Case 150 Chomley and Conges 88 Christian and Adams 54 Clemp and Clemp 8 Clark and Kempton 91 Clarks Case 11 Sir Gervaise Cliftons Case 199 Clinton and Bridges 79 Cook and Sengate 31 Cooks Case 245 Collier and Collier 194 Connies Case 37 Connies Case 20 Lord Cromwell and Townsend 203 Crane and Parkins 249 Cursons Case 10 Curtis's Case 51 Corpus Christi Colledge Case 223 D. LOrd Dacres and Fines 97 Daubney and Gores 194 Dean and Chapter of Christ-Church 190 Doylies Case 101 Dolemans Case 86 Doughty and Prideaux 101 Dowhall and Catesby 113 Duke and Smith 238 Duffams Case 86 Duncombs Case 293 Dutchess of Suffolks Case 196 E. EArl of Derby's Case 42 Earl of Northumberlands Case 91 Earl of Huntington and the Lord Mountjoyes case 147 Earl of Rutland and Spencer 243 Earl of Arundel and Bradstock 186 Edwards and Watton 240 Egertons case 249 Englefields case 135 169 F. FItch and Peirce 121 Foles and Griffin 94 Frice and Foster 14 Fullers case 4 Fullers case 208 G. GArdians of the Monastery of Otleries case 117 Germies case 82 Germin and Ascott 83 Gerrards case 7 Sir Henry Gilfords case 156 Glascocks case 238 Glover and Archer 247 Godboults case 33 Goram and Fowkes 150 Goore and Winkfield 208 Greens case 85 Greindall and Archbishop of Yorks case 182 Grey and Edwards 110 Grenden and Albany's case 133 Grubhams case 246 H. HAltens case 8 184 Harris and Whiting 91 Harris and Coverley 98 Harris's case 112 Harvy and Harvy 12 Harvy and Thomas 15 Haselwoods case 114 Hawkins and Chapman 9 Hern and Crow 122 Hegger and Helston 111 Hide and Hill. 110 Higham and Cook. 144 Hills case 187 Hinds case 21 Sir Baptist Hix and Fleetwood 248 Holland and Hopkins 8 Hobbies case 5 Hore and Bridleworth 15 Hoo and Hoo. 78 Sir William Hollis's Case 119 Hollingshead and King. 182 Houtiers case 106 Hoven and Gerrard ibid. Hodges case ibid. Hunt and Sim's 13 Hunt and Gonnel 24 Hungerford and Watts 181 J. JAckson and Darcy 40 Jerons case 149 Johnsons case 193 Josselin and Josselin 19 K. KEenes case 121 Sir Thomas Kemp and Windsor 41 The King and Cotton 7 39 Kirkman and Reignot 3 Knevit and Cope 59 Knightly and Knightly 102 L. LAuntons case 1 Sir Richard Lee and Arnold 27 Sir Francis Leake and Hollis 24 Lees and Lord Stafford 58 Sir Rich. Lewknors case 162 225 Limver and Ivery 68 Long and Hemoning 216 Lukes case 32 M. MAnning and Andrews 2 Mayes case 7 Mansors case 62 Megett and Davis 60 Michel and Norden 201 Milborne and the Inhabitants of Dunmore 191 Morgen and Cox. 40 Morris's case 92 The Lord Mountjoy and Barker 73 Mounjoy and Andrews 150 194 N. NEals case 96 219 Newman and Sheriff 25 Marquess of Northamtons case 17 O. OGnell and Underhill 115 Onions Case 36 Old and Cony 7 Owen and Morgan 26 93 222 P. LOrd Pagetts Case 6 Par Marquess of Northamptons Case 17 Parry and Herbert 5 Paston and Townsend 97 Pelhams Case 33 Sir William Pelham 114 123 Peake and Pollert 121 Peirs and Levesuch 48 Penhalls Case 49 Penson and Higbed 99 Pophams Case 4 Pouley and Siers 208 Prowes Case 47 Provost of Queens Colledge Case 85 President of Corpus Christi Colledge Case 223 Price and Atmore 246 Q. QUeen and Earl of Shrewsbury 19 Queen and Lord Vaux 26 Queen and Painter 32 Queen and Paine 81 Queen and Bishop of Lincoln 95 Queen and Sir John Savile 104 Queen and Faine Archbishop of Canterbury 107 Queen and Due 197 Queen and Bishop of Norwich 217 R. RAtcliff and Shirley 121 Ratcliff and Chaplain 242 Rawlins and Somerford 116 Robinsons Case 55 Sir Henry Rolls and Osborne 250 Ropers Case 47 Rowson and Browne 3 Ruithbrooke and Pusaine 16 Russels Case 24 197 Russel and Pratt 44 S. SAer and Bland 24 Sandersons Case 12 Sapland and Ridler 238 Savages Case 88 Savage and Knight 78 Lord St. John and Sir John Gray 22 Scotts Case 51 Scott and Scott 39 70 Seamar and Browning 122 Seixtbank and Peirces 85 Shrewsbury and Inhabitants c. 18 Smith and Babb 193 Spring and Lawson 77 Starkeys Case 61 Mark Stewards Case 106 Lord Stafford and Sir Rowland Haywood 55 Strangborough and Warner 3 Strangdon and Burnett 4 106 Stroads Case 40 Countess of Sussex and Wroth 65 T. TAylors Case 31 Taylors Case 22 186 209 Terrets Case 51 Thetford and Thetford 50 Townsend and Pastor 52 Trecarham and Friendship 64 Trivilians Case 195 Tutor and Norton 6 Tyrells Case 92 V. VErney and Verney 207 Vernon and Sir Tho. Savile 191 W. WAite and Cooper 207 Sir Walter Wallers Case 44 William Wallers Case 169 Walsgrave and Somerset 167 Wards Case 239 Wards Case 241 Wath and King 57 Webbs Case 110 Weshbournes Case 49 Wheelers Case 240 Willet and Wilkinson 7 Windham and Meede 96 Wingate and Sands 202 Wood and Chivers 179 Wroth and Capell 197 Y. YOung and Taylor 94 THE FOURTH PART OF THE REPORTS OF SEVERAL Excellent Cases Argued and Adjudged in the several COURTS of Law at WESTMINSTER In the time of the Late Queen Elizabeths Reign Hil. 20 Eliz. I. Launtons Case A. Is bound in an Obligation Emblements that B. shall enjoy a Lease of black Acre immediately after his death The Land
King he granted the said Office of Marshal of the Kings Bench But 26 R. 2. both Offices were rejoyned by Parliament as they were in ancient time before and there was also shewed one Patent of 4 E. 4. and another of 19 H. 8. by which it appeared that the said inferiour Office had ever been part of the Grand Office Then it was moved That when the said Office is in the Kings hands and the King grants the said Vnder Office If the same was for ever severed from the Grand Office. Wray Chief Iustice It is a severance of it for the chief Office is an Office of Dignity which remains in the King but the under Office is an Office of Necessity and the King himself cannot execute it wherefore of necessity he ought to grant it Another matter was moved Recital in Grants of the King. If the Grant of the King to the Earl of Shrewsbury was good because in the Grant to Verney of the Vnder Office it is not recited according to the Statute of 6 H. 8. cap. 9. As 20 Ass 6. the King seized of the Honor of Pickering to which a Forrest was appendant The Bailywick of which Forrest he granted in Fee rendring Rent and afterwards he granted the Honor with the Appurtenances and afterwards the Baily committed a forfeiture and the same was found in Eyre for which the Office of Bailywick was forfeited the Grantee of the Honor seized it yet it was holden that the King should have the Rent And here in this Case the Earl of Shrewsbury shall have this Office in his power to grant it and so much the rather for that it was granted but for life Mich. 32 Eliz. In the Kings Bench. LXVI Conies Case Roll. Abrig 894. Sale of Goods by the Sheriff upon Execution where good where not IN Debt It was holden that if the Sheriff upon the Fieri facias makes sale of the Goods of the Party and afterwards doth not return his Writ yet the Sale is good The Case went further That upon the Fieri facias the Sheriff returned That he had seized Goods of the Party to such a value Sed non invenit Emptores and afterwards before sale of them he is discharged and afterwards a Distringas issued to the new Sheriff to cause the ancient Sheriff to sell the said Goods who did so It was holden that the said sale of them was void for the new Sheriff ought to have sold them Vide 34 H. 6. 36. A Distringas to the old Sheriff to sell and deliver the Goods to the new Sheriff Mich. 19 Eliz. In the Common Pleas. LXVII NOte by Dyer and Manwood A. leaseth to B for years Remainder where void the remainder to the right Heirs of the said B. and makes Livery That the remainder is void because there is not any person in esse who can take presently by the Livery and every Livery ought to have its operation presently But where a Lease is made to B. for life the remainder to his right Heirs there he hath a Fee executed and it shall not be in Abeyance for there he takes the Freehold by the Livery Mich. 19 Eliz. In the Common Pleas. LXVIII Hindes Case UPon an Habeas Corpus for one Hinde Habeas Corpus the Warden of the Fleet returned That Hinde was committed to the said Prison by the commandment of the Commissioners in Causes Ecclesiastical It was holden that the Warden in his return Cause of commitment where must be returned where not ought to certifie the cause for which he was committed and then upon the return the Court ought to examine the cause if it be sufficient or not But if one be committed to Prison by the commandment of the Queens Privy Council there the cause needs not to be shewed in the return because it may concern the state of the Realm which ought not to be published LXIX Hil. 31 Eliz. In the Common Pleas. IN a Writ of Dower the Demandant recovered by default Whereupon a Writ issued to Enquire if the Husband died seised and of the damages and the Sheriff took an Enquest of Office by which it was found that the Baron did not die seised prout eis constare poterit and that Inquisition was returned by the Sheriff and filed It was moved Return of the Sheriff where void That the said Inquisition and Office was not good for the Office ought to find expresly that the Husband died seised or not and not doubtfully as it is here prout eis constare poterit and for that cause the Award of the Court was That the return should be taken off the File because it was insufficient and a new Writ was awarded Mich. 19 Eliz. In the Common Pleas. LXX The Lord St. John and Sir John Grays Case Grants of Omnia bona by an Executor what passeth NOte by Dyer and Manwood upon an Evidence unto a Iury in Debt brought against the Defendant as Executor of his own wrong That if an Executor gives omnia bona sua the Goods which he hath as Executor shall not pass which vide 10 E. 4. 1. by Danby But the contrary of that was holden by Wray Chief Iustice of the Kings Bench And Plowden in the Case of Bracebridge 18 Eliz. and they said that the said Case of 10 E. 4. was not Law for by such grant made by Executors the Goods of the Testator should pass Mich. 18 Eliz. In the Common Pleas. LXXI Taylors Case Outlawry how to be avoided TAylor was Outlawed in debt where a Supersedeas of Record was delivered to the Sheriff before the awarding of the Exigent It was holden that the Party should avoid the same by Plea Then it was moved if the Plea should be pleaded by Attorney or in Person to which it was said by Manwood Iustice that where Matter in Fact is pleaded in avoiding of an Outlawry it ought to be pleaded in person but a matter of Record might be by Attorney And so it was said by Ford Prothonotary it was agreed in Sir Tho. Chamberlains Case 7 Eliz. and so it was agreed in the Principal Case 18 Eliz. In the Kings Bench. LXXII Bettuans Case IN Ejectione firmae The Case was A Fine was levied to Cook and three others and by an Indenture between the Parties to the Fine it was declared that the said Fine was levied ea intentione That the Conusees should make an Estate of the said Land to such a person which the Conusor should name and in the end of the said Indenture was a Proviso that the Conusees should not be seized to any other use but to that which was specified before and that the Conusees should not incumber the said Lands And the Opinion of all the Iustices of the Kings Bench was Fines levied to uses That upon the said Indenture the Conusees are seized to their own use until the Conusor hath made nomination and if he dieth without any nomination then the use
is not punishable by the Law of the Land no more than if many conspire to indict one but do not put it in Execution it is not punishable but if A. saith that B. lyeth in wait to kill him or rob him there an Action lyeth for insidiatores viarum are punishable But the Opinion of the whole Court was that because these words sound in great discredit of the Plaintiff it is reason he have his Action and so Iudgment was given for the Plaintiff Mich. 27 Eliz. In the Kings Bench. CXL The Lord Stafford and Sir Rowland Heywoods Case THe Lord Stafford brought an Action upon the Case against Sir Rowland Heywood Kt. Abatement of Writ Exception was taken to the original Writ viz. ad respondend c. Quare colloquium quoddam habebatur inter Dominum Stafford Row. Heywood de assurando Castrum to the said Lord Stafford by the said Sir Rowland c. Dictus Rowlandus Castrum illud non assuravit c. where the said Writ said cum colloquium quoddam habebatur for the cause of the Action is not colloquium habitum but the not assurance of the Castle according to the promise made super colloquium praedictum and for that cause the Writ was abated CXLI Mich. 27 Eliz. In the Kings Bench. NOte by the Court If one who is not a common Informer be barred in any Information or Action upon a penal Statute he shall pay costs notwithstanding the Preamble of the Statute of 18 Eliz. cap. 5. be for the redressing of divers Disorders in common Informers but if pars gravata be barred in such case he shall not pay costs Trin. 32 Eliz. In the Exchequer CXLII Robinsons Case GEorge Robinson Lessee for years of the Manor of Drayton Basset the Reversion to the King devised his term to his wife as long as she should keep her self a Widow with the Remainder over if she married or died and made his Wife and his Son William his Executors the said William being within age and therefore the administration was committed to the Wife alone and she only proved the Will and afterwards the Wife granted all her Interest to the said William and dyed And by Cook nothing passed by this Grant for William had the same before for every Executor hath the whole Interest Popham contrary for at the time of the Grant the Son was within age and had not administred nor proved the Will therefore in effect the wife was sole Executrix and by Egerton Solicitor if during the said Executorship by the wife one doth trespass upon the Lands the wife only shall have the Action of Trespass without naming her Co-Executor which Cook denied and he cited the Case 10 H. 7. 4 where two Executors are and the one only is possessed of goods of the Testator and a Stranger takes them our of his Possession to whom the other Executor releaseth and after the Executor out of whose possession the goods were taken brings an Action of Trespass against the Trespasser who pleads the Release of the other Executor and it was holden a good Plea for the possession of the Plaintiff was also the possession of his Companion The Case was further that Thomas Robinson in pleading shewing that G. Robinson was possessed and the same devised to his wife who granted to William Robinson who devised it to the Defendant And the other side shewed that the said Thomas granted the said term to Paramour and upon that grant they were at Issue if now against his own pleading Thomas might give in evidence that Thomas could not grant for that he had not any thing to grant for if the gift made by the wife to William was void and he had the term as Executor then he could not devise it but his devise to Thomas was void and then Thomas could not grant it and so Ne grant pas It was also shewed that the said Thomas granted the same to Paramour by Indenture if now against that Indenture he might give in evidence such special matter ut supra and if the Party shall be concluded if the Iury shall be concluded to give the Verdict Secundum veritatem facti for they are sworn to say the truth and by Popham and Egerton as well the Iurors as the Parties are bound and concluded by the confession of the Parties on the Record and here all confess that William devised to him virtute cujus he was possessed The Queens Attorney to that said That true it is that Thomas Robinson was possessed but further said that the said Thomas granted it to Paramour and so the Interest of Thomas is confessed on both sides Therefore the Iury shall not be received to say the contrary And by Manwood Chief Baron if the Parties admit a thing by not gainsaying it Jurors where bound by confession of the parties where not the Iury is not bound by it but where upon the pleading a special matter is confessed the Iury shall be bound thereby And afterwards the Issue was found against Robinson the Defendant 33 Eliz. In the Kings Bench. CXLIII Applethwait and Nertleys Case IN an Action upon the Case the Plaintiff declared that the Defendant promised in consideration that the Plaintiff at the request of the Defendant would marry his Daughter to give to the Plaintiff 40 l. and said he had married his Daughter and yet the Defendant Licet saepius requisitus would not pay it It was moved by Cook in stay of Iudgment that the Declaration is vitious because there is not set forth the place and time when the request was made for the Assumpsit being general it is by Law to be paid upon request Fenner If the promise was expresly to be paid upon request the Declaration was not good And afterwards Iudgment was given for the Plaintiff Hil. 30 Eliz. In the Common Pleas. CXLIV Wats and Kings Case SAmuel Wats Plaintiff in Ejectione firmae against W. King upon a Special Verdict it was found that W. Wallshot was seized in Fee and he with one Oliver Shuttleworth Octab. Mich. 3 4 Phil. Mary levied a Fine Sur Conusans de droit c. to John Hooper who granted and rendred by the same Fine to Oliver for a month the remainder to the said W. Wallshot and to one Anne Cook and the heirs of their bodies c. the remainder to the right heirs of the said W. Wallshot in Fee and that with Proclamation William and Anne intermarry have issue John now alive W. Wallshot 4 5 Phil. Mary levy a Fine with Proclamation to Edward Popham Esq to the use of the said Edward and his heirs W. Wallshot 18 Eliz. died Anne took to husband Richard Stephens and they in the right of the said Anne entred and by Indenture demised the said Land to Richard Hoose the Father Richard the Son and Mary his wife for the term of their lives rendring to the said Richard Stephens and Anne his wife and to the heirs of the body
of the said Anne and of the right heirs of the same W. Wallshot Anne died and if this Lease should bind the Conusee was the question for it was agreed by all that the Issue in Tail was bound by the Fine Quaere the Case was only put but not resolved CXLV Trin. 30 Eliz. In the Common Pleas. UPon a recovery in a writ of Entry sur disseisin of two Acres of Lands an Habere facias seisinam was awarded the Sheriff as to one Acre returned Habere feci and as to the other tarde And that return was shewed to the Court Amercement of the Sheriff and all the Iustices but Periam held that the Sheriff should be amerced for that return being contrary repugnant in it self but Periam said it may be that the Acre of which no seisin is had was so distant from the other Acre whereof the seisin was had that the Sheriff in time could not make execution of both being so remote the one from the other To which it was answered That if the truth of the case was such Then might the Sheriff make Execution in one Acre in the name of both Acres And if upon a Capias ad satisfaciend against two the Sheriff retorn as to one a Cepi and as to the other Tarde he shall be amerced for his several retorns cannot stand together Mich. 29 Eliz. In the Common Pleas. CXLVI Lees and Lord Staffords Case COmpton made Conusans as Bayliff to Edward Lord Stafford and shewed that Henry Lord Stafford Father of the said Edward and Ursula his Wife were seized of the place where and let the same for years to Edward Lees the Plaintiff Robert Lees and Elizabeth Atwood upon Condition they nor any of them should alien the said Term nor any part of the same without the leave of the Lord or his Heirs Henry Lord Stafford and Ursula died and that the Reversion thereof descended to Edward Lord Stafford and shewed further that the said Edward Lees the Plaintiff had aliened To which the Plaintiff in bar of the Conusans said that the said Edward now Lord Stafford gave License that the said Edward Lees Robert or Elizabeth might alien and that was without Deed. It was conceived by some that this Licence was not of any force to dispense with the Condition because it is uncertain and doubtful in the disjunctive and it was resembled to the Case of 11 H. 7. 13. where a man gives a thing to J. S. or A. B. it is void for the incertainty But all the Court was to the contrary For here the thing which is given is but a Liberty and is not to be resembled to a Gift or Interest and the intent of the Lord Stafford was that one of them might alien but not all of them and afterward Iudgment was given for the Plaintiff Trin. 31 Eliz. In the Kings Bench. CXLVII Limver and Evories Case LImver as Administrator of one A. brought Debt against Evory and the case was F. made G. his Executor and G. made H. an Infant his Executor and died and during the minority Administration was granted to the Plaintiff who as Administrator of G brought an Action of Debt upon a Bond made to the first Testator and that was assigned for Error for the Plaintiff ought to bring his Action as Administrator of the first Testator vide 10 E. 4. 1. 26 H. 8. 7. and for that Cause the Iudgment was reversed Mich. 33 Eliz. In the Kings Bench. CXLVIII Knevit and Copes Case KKnevit brought Ejectione firmae against Cope and declared 3 Leon. 266. whereas John Hopkins by his Deed bearing date the 20 of May 32 Eliz. had let to him a House and two yard Lands containing forty Acres of Land Meadow and Pasture at Tithingham de forecomb in the Parish of Steep c. and upon Not Guilty the Visne was of Tithingham de Forecomb Exception was taken by Cook that the Declaration had not certainty for it is not shewed certain how much Meadow Land and how much Pasture is contained in the said two yard Lands and the Iury may find the Defendant Guilty as to so much Land but not to the residue also he hath not shewed in the Declaration when the Lease was made but only saith that by Indenture bearing date 20 May c. but doth not shew any day of delivery of the Indenture for then is the demise To which Exception it was said by the Iustices That the Declaration as to that was good enough for it shall be intended to be delivered at the day of the date Another Exception was taken to the Visne because that the Visne ought to have been from the Parish and not from Tithingham 11 H. 7. 23 24. Forcible Entry in the Manor of B. in B. the Visne shall not be from the Manor of B. but of B. Gawdy You shall never have a Visne of the Parish for divers Towns may be in one Parish but here the Visne is well of Tithingham for it may be that it is a Town Cook It is but a Vill conus from which a Visne cannot come CXLIX Trin. 28 Eliz. In the Common Pleas. Rot. 1027. MIlbourn brought an Action upon the Statute of Winchester against the Inhabitants within the Hundred of Dunmow in the County of Essex it was found by Special Verdict that the Plaintiff was robbed 23 Aprilis inter horam secundam matutinam tempore nocturno ante Lucem ejusdem diei and the Opinion of the Court was clear that the Plaintiff should be barred for the said Statute provided for ordinary Travel as in the Case of Archpool who came to his Inn post Sunset ante noctem in tempore diurno which is an usual time for travelling to come to his Inn but the Law doth not receive any in protection of this Stat. who travel in extraordinary hours for it is the folly of the Traveller to take his journy so out of season and the Inhabitants are not bound to leave their Houses and to attend the ways tempore nocturno and another reason was alledged by the Iustices because the said Statute appoints watch to be kept in the time of night à Festo Ascensionis usque ad Festum Sancti Michaelis and this Robbery was done the 23 of April so as it was out of that time and afterwards Iudgment was given against the Plaintiff Mich. 26 Eliz. In the Common Pleas. CL. Barkers Case Estrepement in Partition A Writ of Partition by Barker heir of Gertrude Marquess of Exceter who devised all her Lands to Blunt by which the third part was descended to the Plaintiff and he prayed a Writ of Estrepement and it was the Opinion of the Court that the Writ ought not to be granted for that the Plaintiff might have a more proper remedy upon the Statute cum duo tres c. and in a Writ of Partition no Land is demanded Trin. 29 Eliz. In the Kings Bench. CLI Megot and Davies Case
A. who is admitted he shall not hold the Land charged and so it was adjudged in the Court of Common Pleas. CCXXXVII Mich. 23 Eliz. In the Common Pleas. IT was holden by all the Iustices in the Common Pleas That the Queen might be put out of possession of an Advowson by two Vsurpations and shall be put to her Writ of Right of Advowson as a common person shall be for it is a thing transitory and if the Queen after such Vsurpations grant the Advowson the Grant is void and so it was adjudged CCXXXVIII Mich. 23 Eliz. In the Common Pleas. THe Case was Tenant in tail the remainder over to another in Fee makes a Lease for life according to the Statute and afterwards dyes without Issue and afterwards he in the Remainder grants his Remainder by Fine before any Entry and by Fenner the Conusee cannot now enter upon Tenant for life nor avoid his lease for by the Livery to the Tenant for life a Freehold passeth which cannot be avoided without an Entry As if a Parson makes a lease for life rendring rent and dyeth the Successor accepteth the rent now the lease is affirmed vide 18 E. 4. 25. and then when before any Entry he in the remainder grants his remainder the Grantee shall have it but as a remainder and so the Estate of the Tenant for life which before was voidable is now made good and so it was holden by Windham and Periam But by Mead and Dyer by the death of Tenant in tail without Issue the lease for life is become void for the Estate out of which the Estate for life is derived is determined by the dying without Issue Ergo c. Vide 21 H. 7. 12. A lease for life is made upon condition That if the Lessor pay to the Lessee at such a day 20 l. that his Estate shall cease now by the performance of the Condition the Estate is determined without any Entry CCXXXIX 32 H. 8. In the Common Pleas. NOte by all the Iustices of the Common Pleas That if a man holds of the King in chief by Knights Service and also holds of another Lord by Knights Service and dyeth his heir within age and the King seizeth the Wardship of the Body and Land and afterwards the heir cometh of full age and before Livery sued the other Lord grants over his Seignory to another and the heir Attorns It is a good Attornment and also Seisin of the Services had by such Lord by the hands of such an heir before Livery sued is good enough and shall bind him afterwards in an Avowry c. Temps H. 8. Vide 31 H. 8. Rot. 420. CCXL Sir William Hollis Case SIr William Hollis brought a Quare Impedit against the Bishop of Coventry Godfrey Fuliamb Kt. and William Waltham Clark The Case was Sir Ralph Langford Kt. was seized of the Manor of D. to which the Advowson was appendant and presented to the same Church one A. his Clark who was admitted c. And afterwards the said Sir Ralph granted the next Avoidance of the same Church to Sir Godfrey Fuliamb James Fuliamb George Fuliamb and William Walton eorum uni conjunctim divisim afterward the said Sir Ralph granted by fine the said Manor with the Advowson to Sir William Hollis in Fee the Church became void the said Sir Godfrey Fuliamb presented the said Waltham his Clark who was admitted c. And upon Argument at the Bar and Bench It was adjudged against the Plaintiff and the Presentment of Sir Godfrey sole without the others was good Notwithstanding also that Waltham the Presentee was one of the Grantees of the next Avoidance Tr. 31 H. 8. Rott 420. Vide 21 E. 4. 66. 35 H. 6. 62. See this Case lately Reported in Sir George Mores Reports by the name of Sir Godfrey Fuliambs Case CCXLI. Temps Roign Eliz. NOte by Hind and Hales the Kings Attorney Iustices of Assize in the County of Essex in the Case of the Bishop of London and one Heron Keeper of Cronden Park if the Keeper of my Park or any of his Servants without his assent of their own heads and without my commandment kill my Deers within the said Park being within his keeping or abateth or pulleth down any house within the Park or Barn for to lay Hay for the Deer there or cutteth any Trees Wood or Vnderwoods there growing and sells the same or gives it to another that in all these cases the Keeper of the Park shall forfeit his Office And it was agreed by them That such a Keeper hath not any estate or possession in the Park or in the Lodge but the possession remains always in the Owner of the Soil of the Park and the Keeper hath but the occupation and keeping and the surveying of the same for such a Keeper cannot justifie the holding of the Lodge with force in a Writ brought upon the Statute of 8 H. 6. by the Owner of the Park but it was agreed that he who hath the inheritance in such an Office shall not forfeit his Office for the causes aforesaid Hil. 29 Eliz. In the Common Pleas. CCXLII. Fitz and Pierces Case IN Ejectione firmae by Fitz against Pierce Pierce was outlawed and now came and shewed by way of Plea that the outlawry was erronious in this videlicet ad Com' meum tent ' 30 Jan. 29 Eliz. whereas the said day was Dies Dominicus and so there was no County Court It was the Opinion of Windham that the same matter did well lye in Plea for it is matter apparent within the Record as in the case of Brecket and Fish Plowd Com. 266. Rhodes and Periam were of a contrary Opinion and said the case cited is not like to the case at Bar for there it appeareth to the Court as Iudges when every Term beginneth and endeth but it is otherwise in our case si 30 die Januarii be dies Dominicus necne for it shall be tryed by the Country c. Trin. 32 Eliz. In the Kings Bench. CCXLIII Keenes Case RAlph Keene Vicar of B. was Indicted for stopping quandam viam valde necessariam Indictment Nusance for all the Kings Subjects there passing Exception was taken to it because it wanted the word Regiam and the word necessariam doth not imply any matter for a Foot way is necessary Addition Also here the Party hath not any addition It is R. K. but it is not said Clarke and for these causes the Party was discharged Trin. 32 Eliz. In the Kings Bench. CCXLIV Peake and Pollorts Case ACtion upon the Case by Peake against Pollort Words upon these words Thou art a malicious and sedicious man and movest the Queens Subjects to Sedition It was the Opinion of the Court that the words were not actionable for they were too general for it may be that the Defendant hath stirred up the Tenants of a Manor to Tumults and Sedition which is not any great Scandal And the Statute of