Will because he hath not put it out of him there arises an Vse and a Trust for himself But in our case he hath put the Vses out of himself for there are several Vses declared But there is a further difference if Simon Mayne had declared the Vse to others absolutely and had reserved liberty to himself to have altered it by his Will that might have altered the case But here the Proviso is That if at the time of his death he shall have a Son c. so that it is reduced to him upon a Condition and Contingency As to the power of Revocation he cited the Duke of Norfolks case in Englefields case which Twisd said came strongly to this Adjourned V. infr An Information was exhibited against one for a Libel Coleman The party has confessed the matter in Court and therefore cannot plead not guilty Twisd You may plead not guilty with a relicta verificatione Horne Ivy. TResp for taking away a Ship The Defendant justifies under the Patent whereby the Canary-Company is incorporated and granted that none but such and such should Trade thither on pain of forfeiting their Ships and Goods c. and says that the Defendant did Trade thither c. the Plaintiff demurs Polynxfen He ought to have shown the Deed whereby he was authoriz'd by the Company to seize the Goods 26 H. 6. 8. 14 Ed. 4. 8. Bro. Corp. 59. though I agree that for ordinary Imployments and Services a Corporation may appoint a Servant without Deed as a Cook a Butler c. Plo. Com. 91. A Corporation cannot Licence a stranger to sell Trees without Deed 12 H. 4. 17. Nor can they make a Diuessor without Deed nor deliver a Letter of Attorney without Deed. 9 Ed. 4. 59. Bro. Corp. 24. 34. 14 H. 7. 1. 7 H. 7. 9. Rolls 514. tit Corporation Dr. Bonhams case Again the plea is double for the Defendant alledgeth two causes of a breach of their Charter viz. their taking in Wines at the Canaries and importing them here which is double Then there is a clause that gives the forfeiture of Goods and Imprisonment which cannot be by Patent 8 Rep. 125. Waggoners case Noy 123. in the case of Monopolies This Patent I take also to be contrary to some Acts of Parliament viz. 9 Ed. 3. c. 1. 2 Ed. 3. cap. 2. 2 Rich. 2. cap. 1. 11 Rich. 2. cap. 2. and these Statutes the King cannot dispence withall by a Non obstante Twisd For the first point I think they cannot seize without Deed no more then they can enter for a Condition broken without Deed. Keel We desire to be satisfied whether this be a Monopoly or not It was ordered to be argued Pryn versus Smith SCire Facias in this Court upon a Recognizance by way of Bail upon a Writ of Error in the Exchequer Chamber The Defendant pleaded that the Plaintiff did after Iudgment sue forth a Capias ad satisfaciend out of this Court to the Sheriff of Middlesex whereupon he was taken in Execution and suffered to escape by the Plaintiffs own consent Jones We have demurred because they do not lay a place where this Court was holden nor where the Plaintiff gave his consent Redman Pyne AN Action upon the Case was brought for speaking these words of the Plaintiff being a Watch-maker viz. He is a bungler and knows not how to make a good piece of work but there was no colloquium laid of his Trade Pemberton The Iury have supply'd that having found that he is a Watch-maker And it is true that words shall be taken in mitiori sensu but that is when they are doubtful Caudry's case 1 Cro. 196. Twisden I remember a Shoe-maker brought an Action against a man for saying that he was a Cobler And though a Cobler be a Trade of it self yet held that the Action lay in Glyn's time Saunders If he had said that he could not make a good Watch it would have béen known what he had meant but the words in our case are indifferent and perhaps had no relation to his Trade Ordered to stay Vere Reyner AN Action upou the Case upon a promise to carry duas carectatas c. Rotheram It s uncertain whether carectata signifies a Horse-load or a Cart-load Judgment nisi c. Twisd I have known if a Iudgment be given and there is an agréement betwéen the parties not to take out Execution till next Term and they do it before that the Court has set all aside One brought up by Habeas Corpus out of the Cinque-Ports upon an Information for breaking Prison where he was in upon an Execution for Debt Barrell moved against it Twisd Suppose a man be arrested in the Cinque-Ports for a matter arising there and then another hath cause to arrest him here is there not a way to bring him up by Habeas Corpus Barrell It was never done but there has béen a Habeas Corpus thither ad faciend recipiend Keel If a man be in Prison in the Fléet we bring him up by Habeas Corpus in case there be a Suit against him here Twisd Where shall such a man be sued upon a matter arising out of the Cinque-Ports Barrell If it be transitory he must be sued there if local elsewhere Twisd Then you grant if local that there must be a Habeas Corpus And so it was allowed in this case Two Iustices of Peace made an Order in Session-time against one Reignolds as reputed Father for the kéeping of a Bastard-child Reignolds appealed to the same Sessions where the Iustices made an Order that one Burrell should kéep it Jones moved to set aside this Order though an Order of Sessions upon an Appeal from two Iustices because he said the first Order being made in Session time that Sessions could not be said to be the next within the Stat. of 18 Eliz. and because the Iustices at the Sessions did not quash the Order made by two Iustices Keel They ought to have done that Twisd They may vacat the first Order and refer it back to two Iustices as res integra The Order being read one clause of it was that Burrell should pay 12 d. a wéek for kéeping the Child till it came to be twelve years of age which Twisden said was ill for it ought to be so long as it continues chargeable to the Parish The parties were bound over to appear at the next Assizes in Essex Darby-shire versus Cannon SYmpson moved that the Defendant having submitted to a Rule of Court for referring the matter and not performing the Award an Attachment might be granted against him Which was granted but when the party comes in upon the Attachment he may alledge that the Award is void and if it appear to be so he shall not be bound to perform it Owen Hannings IN a Trial at Bar upon a Scire facias to avoid a Patent of the Office of Searcher exception was taken to a Witness that he was to
man that shall refuse to accept the Office of Alderman because they are a Court of Record and they may want Aldermen else So he was released It was moved for the Plaintiff that a person named in the simul cum being a material Witness might be struck out and it was granted Keel said That if nothing was proved against him he might be a Witness for the Defendant Clerke Heath EJectione firmae The Plaintiff claims by a Lease from Th. Prin Clerke Objected That Prin had not taken the Oath according to the Act for Vniformity whereupon he produced a Certificate of the Bishop that had only a small bit of Wax upon it Twisd If it were sealed though the Seal be broken off yet it may be read as we read Recoveries after the Seal broken off and I have seen Administration given in Evidence after the Seal broken off and so Wills and Déeds Accordingly it was read Obj. The Church is ipso facto void by the Act of Vniformity if the Incumbent had no Episcopal Ordination So they shewed that Prin was ordained by a Bishop It was likewise proved that he had declared his assent and consent to the Common Prayer in due time before St. Bartholomew's day Then it was urged that the Act does not confirm the Plaintiffs Lessor in this living for that it is not a living with Cure of Souls for it has a Vicarage endowed Twisd If it be a living without Cure the Act does not extend to it Mr. Solicitor The Presentation does not mention Cure of Souls So they read a Presentation of a Rector and another of a Vicar in neither of which any mention was made of Cure of Souls but the Vicars was residendo If both be presentative the Cure shall be intended to be in the Vicar Keeling Why may not both have the Cure Sol. If the Vicar be endow'd the Rector is discharged of Residence by Act of Parliament Twisd Synodals and Procurations are duties due to the Ordinary which Vicars when the Parsonages are impropriated always pay but I question whether they that come into a Church by Presentation to and Institution by the Bishop have not always the Cure of Souls It is true in Donatives where the Ministers do not come in by the Bishops Institution there is no Cure but they that come in by Institution of the Bishop have their power delegated to them from him and generally have Cure of Souls Solic There are several Rectories without Cure Twisd When came Rectories in Morton After the Counsel of Lateran and Vicars came in in the Seventeenth year of King John Moreton Before the Councel of Lateran the Bishop did provide Teachers and received the Tythes himself but since he hath appointed others to the charge and saith accipe curam tuam meam Keeling Twisden It is said so by my Lord Coke but not done Twisden Wherever there is a Cure of Souls the Church is visitable either by the Bishop if it belong to him if to a Lay-man he must make Delegates if to the King my Lord Kéeper does it And where a man comes in by Presentation he is prima facie visitable by the Bishop Keeling I take it that whoever comes in under the Bishops Institution hath the Cure Twisden Grendon's Case is expresly That the Bishop hath the Cure of Souls of all the Diocess and doth by Institution transfer it to the Parson so that prima facie he that is instituted hath the Cure The Vicarage is derived out of the Parsonage and if the Vicar come to poverty the Parson is bound to maintain him Twisd There is an Appropriation to a Corporation the Corporation cannot have Cure of Souls being a body Politick but when they appoint a Vicar he coming under the Bishop by Institution hath Cure of Souls and a Donative when it comes to be Presentative hath Cure of Souls Keeling agreed Twisd We hold that when the Rector comes in by Institution the Bishop hath power to visit him for his Doctrine and his life for he hath the particular Cure but the Bishop the general and that the Bishop hath power to deprive him Abbot Moore THe Plaintiff declares That whereas one William Moore was indebted to him 210 l. and whereas the said William Moore had an Annuity out of the Defendants Lands That the Defendant in consideration that the Plaintiff had agréed that the Defendant should pay so much money to the Plaintiff the Defendant did promise to pay it After a Verdict it was objected in arrest of Iudgment that here was not any consideration and the Court was of that opinion Then the Plaintiff would have discontinued but the Court would not suffer that after a Verdict Sir Edward Thurland moved to quash an Order made by the Iustices of the Peace for one to serve as Constable in Homeby Moreton If a Leet neglect to chuse a Constable upon complaint to the Iustices of Peace they shall by the Statute appoint a Constable Twisd In this case there are Affidavits that there never was any Constable there And I cannot tell whether or no the Iustices of Peace can erect a Constablewick where never any was before if he will not be sworn let them indict him for not executing the Office and let him traverse that there never was any such Office there Keeling Go and be sworn or if the Iustices of the Peace commit you bring your Action of False Imprisonment Twisd If there be a Court Leet that hath the choice of a petty Constable the Iustices of Peace cannot chuse there And if it be in the Hundred I doubt whether the Iustices of Peace can make more Constables then were before High-Constables were not ab origine but came in with Iustices of the Peace 10 H. 4. Keel Morton cont Moreton The book of Villarum in the Exchequer sets out all the Vills and there cannot be a Constablewick created at this day In this case the Court ordered him to be sworn Thurl If they chuse a Parliament-mans Servant Constable they cannot swear him Twisd I do not think the priviledge extends to the Tenant of a Parliament man but to his Servant Blissett Wincott TWo persons committed for being at a Conventicle were brought up by Habeas Corpus Twisd To meet in Conventicles in such numbers as may be affrighting to the people and in such numbers as the Constable cannot suppress is a breach of the Peace and of a persons Recognizance for the good behaviour Note this was after the late Act against Conventicles expired Lee Edwards AN Action upon the Case was brought upon two promises 1. In consideration the Plaintiff would bestow his labour and pains about the Defendants Daughter and would cure her he did promise to pay so much for his labour and pains and would also pay for the Medicaments 2. That in consideration he had cured her he did promise to pay c. Raymond moved in arrest of Iudgment that he did not aver
_____ shall bring in Alice and John Coats when they shall come to their Ages of Twenty one years to give such a Release to the Executors of Francis Gibbs as they shall require then c. one of the Legatees comes of age and during the minority of the other the Bond is put in Suit and this whole matter is disclosed in the Pleading And the question was whether the Defendant was obliged to bring him in to give a Release that was of Age before the Action brought or might stay till both were of Age before he procured a Release from either The Court was of Opinion that it must be taken respectively and because it appears that the Legacies were several that several Releases ought to be given upon the reason of Iustice Wyndham's case 5th Report And Twisden said if there were no more in it then this sc when they shall come to their Ages of c. it were enough to have the Condition understood respectively for they cannot come to their Ages at one and the same time And Iudgment was given accordingly Twisden If an Executor plead several Iudgments you may reply to every one of them obtent per fraudem or you may plead separalia Judicia c. obtent per fraudem but in pleading separalia Judicia obtent per fraudem if one be found to be a true debt you are gone Keeling Twisden Notwithstanding the Stat. of 23 H. 6. which obliges the Sheriff to take Bail yet he can make no other Return of a Capias then either cepi corpus or non est inventus for at the Common Law he could return nothing else and the Statute though it compels him to take Bail does not alter the Return and so in a case betwéen Franklin Andrews it has been adjudged here Crofton OFfley moved for a Certiorari to the Iustices of Peace for Middlesex to remove an Indictment against one Crofton upon the late Statute made against Non-conformist Ministers coming within five miles of a Corporation the Indictment was traversed He urged that by the Statute no Indictment will lie for such Offence For where an Act of Parliament enacts that the Penalty shall be recovered by Bill Plaint or Information as the Statute upon which this Indictment is grounded does there an Indictment will not lie 2 Cro. 643. Twisd If the Statute appoint that the penalty shall be recovered by Bill Plaint c. and not otherwise there I confess an Indictment will not lie but without negative words I conceive it will though the Statute be Introductive of a new Law and create an Offence which was none at the Common Law For whenever a thing is prohibited by a Statute if it be a publick concern an Indictment lies upon it and the giving other remedies as by Bill Plaint c. in affirmative words shall not take away the general way of proceeding which the Law appoints for all Offences Keeling differed in Opinion and thought that where a Statute created a new Offence and appointed other remedies there could be no proceeding by way of Indictment Afterward Offley moved it again and cited 2 Cro. 643. 3 Cro. 544. Mag. Chart. 201. 228. Vpon the second motion Keeling came over to Twisden's Opinion But it was objected That upon an Indictment the Poor of the Parish would lose their part of the penalty to which Twisden said that he knew it to have been adjudged otherwise at Serjeants-Inn and that where a Statute appoints the Penalty to be divided into thrée parts one to the Informer another to the King and the third to the Poor that in such case where there is no Informer as upon an Indictment there the King shall have two parts and the Poor a third The King versus Baker AN Indictment in Hull for saying these words viz. That whenever a Burgess of Hull comes to put on his Gown Sathan enters into him Levings moved that these words would not bear an Indictment Keeling The words are a Scandal to Government Levings The Indictment concludes in malum exemplum inhabitantium whereas it should be quamplurimorum subditorum Domini Regis in tali casu delinquentium And for this adjudged naught Twisden If the Defendant in an Action of Debt for Rent plead nil debet he may give in Evidence a suspension of the Rent A Parson Libels in the Spiritual Court against several of his Parishioners for Tythe-Turfe They pray a Prohibition Keeling Turfe Gravel and Chalke are part of the Fréehold and not Tythable They granted one Prohibition to all the Libels but ordered the Plaintiffs to declare severally Maleverer versus Redshaw DEbt upon a Bond of 40 l. the Condition was for appearing at a certain day and concluded if the party appeared then the Condition to be void The Defendant pleaded the Statute of 23 H. 6. Coleman The Bond is void by the express words of the Statute being taken in other form then the Statute prescribes Keeling If the Condition of a Bond be That if the Obligor pay so much money then the Condition to be void in that case the Bond is absolute Twisden I have heard my Lord Hobart say upon this occasion that because the Statute would make sure work and not leave it to Exposition what Bonds should be taken therefore it was added that Bonds taken in any other form should be void For said he the Statute is like a Tyrant where he comes he makes all void but the Common Law is like a Nursing Father makes void only that part where the fault is and preserves the rest Keeling If the Condition had béen that the party should appear and had gone no further it would then have been well enough Twisd Then why may not that which follows be rejected as idle and surplusage Cur. Advisare vult Jones versus Tresilian AN Action of Trespass of Assault and Battery Defendant pleads de son assault demesne The Plaintiff replies That the Defendant would have forced his Horse from him whereby he did molliter insultum facere upon the Defendant in defence of his possession To this the Defendant demurred Morton Molliter insultum facere is a contradiction Suppose you had said that molliter you struck him down Twisden You cannot justifie the beating of a man in defence of your possession but you may say that you did molliter manus imponere c. Keeling You ought to have replyed that you did molliter manus imponere quae est eadem transgressio Cur. Quer ' nil capiat per billam unless better cause be shown this Term. Rich Morris IN an Action of Debt for not performing an Award The Plaintiff declares that inter alia Arbitratum fuit c. Twisd That is naught Crisp versus the Mayor of Berwick AN Action of Covenant is brought against the Mayor Burgesses and Corporation of Berwick upon an Indenture of Demise wherein the Plaintiffs declare that the Defendants did demise to them a House in Berwick with a Covenant
of the great Sessions have power to try all Murthers as the Iudges here have and the Statute of 26 H. 8. for the Trial of Murthers in the next English County was made before that of the 34 H. 8. Twisden I never yet heard that the Statute of 34 H. 8. had repealed that of 26 Henr. 8. It is true the Iudges of the Grand Sessions have power but the Statute that gives it them does not exclude this Court. To be moved when the Chief Iustice should be in Court Franklyn's Case FRanklyn was brought into Court by Habeas Corpus and the Return being read it appeared that he was committed as a Preacher at Seditious Conventicles Coleman prayed he might be discharged he said this Commitment must be upon the Oxford Act for the last Act only orders a Conviction and the Act for Vniformity Commitment only after the Bishops Certificate And the Oxford Act provides that it shall be done by two Iustices of the Peace upon Oath made before them and in this Return but one Iustice of Peace is named for Sir William Palmer is mentioned as Deputy Lieutenant and you will not intend him to be a Iustice of Peace Nor does it appear that there was any Oath made before them Twisden Vpon the Statute of the 18th of the Queen that appoints that two Iustices shall make Orders for the keeping of Bastard-children whereof one to be of the Quorum I have got many of them quash'd because it was not exprest that one of them was of the Quorum Whereupon Franklyn was discharged Vpon a motion for time to plead in a great cause about Brandy Twisden said if it be in Bar you cannot demand Oyer of the Letters Patents the next Term but if it be in a Replication you may because you mention the precedent Term in the Bar but not in the Replication Yard Ford. MOved by Jones in Arrest of Iudgment an Action upon the Case was brought for keeping a Market without Warrant it being in prejudice of the Plaintiffs Market He moved that the Action would not lie because the Defendant did not keep his Market on the same day that the Plaintiff kept his which he said is implied in the case in 2 Rolls 140. Saunders contra Vpon a Writ of Ad quod dampnum they enquire of any Markets generally though not held the same day In this case though the Defendants Market be not held the same day that ours is yet it is a damage to us in forestalling our Market Twisden I have not observed that the day makes any difference If I have a Fair or Market and one will erect another to my prejudice an Action will lye and so of a Ferry It s true for one to set up a School by mine is damnum absque injuria Ordered to be moved again Pawlett moved in Trespass that the Defendant pleaded in Bar that he had paid 3 l. and made a promise to pay so much more in satisfaction and said it was a good plea and did amount to an accord with satisfaction an Action being but a Contract which this was Twisden An Accord executed is pleadable in Bar but Executory not Twisden There are two clauses in the Statute of Vsury if there be a corrupt agreement at the time of the lending of the money then the Bonds and all the Assurances are void but if the agreement be good and afterward he receives more than he ought then he forfeits the treble value Bonnefield HE was brought into Court upon a Cap. Excom and it was urged by Pawlett that he might be delivered for that his name was Bonnefield and the Cap. Excom was against one Bromfield Twisden You cannot plead that here to a Cap. Excom You have no day in Court and we cannot Bail upon this but you may bring your Action of False Imprisonment Caterall Marshall ACtion upon the Case wherein the Plaintiff declares that in consideration that he would give the Defennant a Bond of sufficient penalty to save him harmless he would c. and sets forth that he gave him a Bond with sufficient penalty but does not eppress what the penalty was This was moved in Arrest of Iudgment Jones After a Verdict it is good enough as in the case in Hob. 69. Twisd If it had been upon a Demurrer I should not have doubted but that it had been naught Rainsford Morton But the Iury have judged the penalty to be reasonable and have found the matter of fact Twisden The Iury are not Iudges what is reasonable and what unreasonable but this is after a Verdict And so the Iudgment was affirm'd the cause coming into the Kings Bench upon a Writ of Error Martin Delboe AN Action upon the Case setting forth that the Defendant was a Merchant and transmitted several Goods beyond Sea and promised the Plaintiff that if he would give him so much money he would pay him so much out of the proceed of such a parcel of Goods as he was to receive from beyond Sea The Defendant pleaded the Statute of Limitations and doth not say non assumpsit infra sex annos but that the cause of Action did not arise within six years The Plaintiff demurs because the cause is betwéen Merchants c. Sympson The plea is good Accounts within the Statute must be understood of those that remain in the nature of Accounts now this is a sum certain Jones accorded This is an Action upon the Case and an Action upon the Case betwéen Merchants is not within the exception And the Defendant has pleaded well in saying that the cause of Action did not arise within six years for the cause of Action ariseth from the time of the Ships coming into Port and the six years are to be reckoned from that time Twisden I never knew but that the word Accounts in the Statute was taken only for Actions of account An insimul computasset brought for a sum certain upon an Account stated though betweén Merchants is not within the Exception So Iudgment was given for the Defendant The King versus Leginham AN Information was exhibited against him for taking unreasonable Distresses of several of his Tenants Jones moved in arrest of Iudgment that an Information would not lye for such cause Marlebr cap. 4. saith that if the Lord take an unreasonable Distress he shall be amerced so that an Information will not lye And my Lord Coke upon Magna Carta says the party grieved may have his Action upon the Statute but admit an Information would lye yet it ought to have been more particular and to have named the Tenants it is not sufficient to say in general that he took unreasonable Distresses of several of his Tenants And the second part of the Information viz. that he is communis oppressor is not sufficient Rolls 79. Moor 451. Twisden It hath so been adjudged that to lay in an Information that a man is communis oppressor is not good And a Lord cannot be indicted
Martij prox sequentem the money is payable the same month 112 V. Tit. Survivor The Condition of a Bond runs thus viz. That if the Obligee shall within six months after his Mothers death settle upon the Obligor an Annuity of 20 l. per annum during life if he require the same or if he shall not grant the same if then he shall pay to the Obligor 300 l. within the time aforementioned then the Obligation to be void is this a disjunctive Condition or not 264 265 c. Words allowed to be part of the Condition of a Bond though following these words then the Obligation to be void 274 275 Consideration V. Action upon the Case V. Etiam 284 Constable Moved to quash an Order made by the Justices of Peace for one to serve as Constable 13 Contingent remainder Supported by a Right of Entry 92 Conventicles To meet in a Conventicle whether a breach of the Peace or no 13 Conusance V. Tit. Vniversity Copy Copy of a Deed given in Evidence because the Original was burnt 4 Copies allow'd in evidence 266 Copyhold Tenant for life of a Copyhold He in the remainder entreth upon the Tenant for life and makes a Surrender nothing passeth 199 Tenant for life of a Copyhold suffers a Recovery as Tenant in Fee-simple this is no forfeiture 199 200 Of all Forfeitures committed by Copyholders the Lord only is to take advantage 200 Coroner V. Enquest Corporation What things can a Corporation do without Deed and what not 18 Costs An Executor is not within the Statute to pay Costs occasione dilationis executionis c. 77 Cottage An Enditement for erecting a Cottage contra formam Statuti quasht because it is not said That it was inhabited 295 Covenant Action of Covenant upon the Warranty in a Fine the Plaintiff assigns his Breach that a stranger habens legale jus titulum did enter c. but does not not say that it was by vertue of an Eigne Title 66 67 101 292 293 Covenant to make such an Assurance as Council shall advise 67 Covenant for quiet Enjoyment 101 A man does assignare transponere all the money that shall be allowed by any Order of a Foreign State does an Action of Covenant lie upon these words or not 113 An Action of Covenant lies against a Woman upon a Covenant in a Fine levied by her when she was a Feme Covert 230 231 V. Ibidem exceptions to the pleading in such Action Covenant to stand seized A man Covenants to stand seiz'd to the use of the Heirs of his own body 98 121 159 V. Limitation d' Estates V. Vses County-Courts V. 171 172 215 249. County-Palatine V. 2. Counterplea of Voucher V. 8. Court of Kings Bench. It s Jurisdiction is not ousted without particular words in an Act of Parliament 45 V. Habeas Corpus Cure of Souls What Ecclesiastical Persons have Cure of Souls and what not 11 12 Cur ' advisare vult During a Cur ' adv vult one of the parties dies how must Judgment be entred 37 Custom Custom of a Mannor for the Homage to chuse every year two Surveyors to destroy corrupt Victuals exposed to sale a good Custom 202 A Custom to be discharged of Tythes of Sheep all the year after in consideration of the payment of full Tythes of all the Sheep they have on Candlemas-day 229 D. Damages EXcessive Damages no good Cause for a new Writ of Enquiry 2 Demand Requisite or not requisite 89 Departure in Pleading V. 43 44 227 289. Depositions V. Tit. Evidence Debt For Rent upon a Lease for years 3 Debt upon a Bond against two Executors they pleaded a Statute acknowledged by the Testator of 1200 li. and no assets ultra c. the Plaintiff replies That one of the Executors was bound together with the Plaintiff in that Statute 165 Devise Of a term for years V. Limitation of Estates By a Devise of all a man's Estate what passeth 100 I give Rees-Farm to my Wife during her natural life and by her to be disposed of to such of my Children as she shall think fit What Estate passeth hereby 189 A man has a Son called Robert Robert has likewise a Son call'd Robert The Grand-Father deviseth Land to his Son call'd Robert and his heirs Robert the Devisee dies living the Father The Devisor makes a new publication of the same Will and declares it to be his intention that Robert the Grand-Child should take the Land per eandem voluntat Does the Grand-Child take or no 267 268 A man deviseth a Rent-Charge to his Wife for her life but that if she marry that then his Executor shall pay her 100 l. and the rent shall cease and return to the Executor she does marry and the Executor does not pay the 100 l. The question is Whether the Rent shall cease before the 100 l. be paid or not 272 273 Distribution Administrators must make Distribution to those of the half-blood as well as to those of the whole 209 Donative V. 11 12 22 90. Double Plea V. 18 227. E. Ecclesiastical persons A Chapter of which there is no Dean is restrain'd by the Statute of 13 Eliz. 204 A Grant of next avoidance restrain'd ibid. Such Grant void ab initio ibid. Ejectione firmae De quatuor molendinis good Of so many Acres jampnor ' bruere without saying how many of each good 90 The Plaintiff in Ejectment dies before Judgment 252 Entry to deliver a Declaration in Ejectione firmae shall not work to avoid a Fine 10 Error A Writ of Error will lie in the Exchequer-Chamber upon a Judgment in a Scire facias grounded upon a Judgment in one of the Actions mentioned in 27 Eliz. 79 It shall not be assign'd for Error of Judgment in an inferior Court that the matter arose out the Jurisdiction but it must be pleaded 81 Escape V. 116. A Trial at Bar upon an Escape In an Action for an Escape the Defendant pleads That he let the Prisoner to bail according to the Stat. of 23 H. 6. cap. 10. and that he had taken reasonable Sureties of persons having sufficicient c. The Plaintiff replies and traverseth the sufficiency of the Sureties 227 Estoppel By the condition of a Bond. 113 Exchange of Lands Two women seized one of one Acre and another of another and they make an exchange then one of them marries before entry shall that defeat the exchange 91 Excise The Statute for Excise prohibits the bringing of a Certiorari but not Habeas Corpus 103 Executors V. Costs V. Appearance In what order Executors are to pay Debts c. 174 175 Executor dur ' minor ' aetate 174 175 An Executor must entitle himself to the Executorship to enable him to retain for his own debt 208 An Executors refusal before the Ordinary after Administration is a void act 213 Action of Debt against an Executor the Defendant pleads That the Testator made a Will but did not make him Executor therein that he