Selected quad for the lemma: virtue_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
virtue_n	heir_n	say_a	seize_v	853	5	10.4005	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66613	Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.	England and Wales. Court of Common Pleas.; Winch, Humphrey, Sir, 1555?-1625.	1657 (1657)	Wing W2964; ESTC R8405	191,688	144

his son and to Elizabeth Preston and to the heirs of John and so the Defendant claimed by vertue of a lease for 1000. years made by Iohn Buckley and the Plantiff demanded Dyer of the Indenture which was read to this effect that Andrew Buckley by the said Indenture covenanted with Preston that in consideration of a marriage between his son and the daughter of Preston that he will grant a rent charge of 6. l. 13. s. out of his land at Weymouth and at Melcombe Regis payable at 4. usual feasts and he Covenanted for him and his heirs that he would convey the land in Melcombe Regis and Wike Regis to such persons as Preston should appoint provided that the said Andrew Buckley and his wife may injoy that during their lives without impeachment of waste and covenanted that immediately after their deaths the lands shall immediately remain come and be to the said Iohn Buckley and Elizabeth his wife and that the advowson of Bradway shall remain come and be to the said Iohn Buckley and Elizabeth his wife and upon all the matter the question was whether by this last covenant an use will arise of the advowson in Bradway to Iohn Buckley for if an use is raised to him then this lease made by him is good and by consequence the title of the Defendants is good to present to this advowson and if not then the fee alwayes remained in Andrew Buckley the Grandfather and by devise discends did come to Andrew Buckley the Husband of the Plantiff and th●n the quare Impedit is maintainable And Hutton began his argument he argued that no use will arise to Iohn Buckley by this Indenture for when a man will raise an use by way of covenant there are 4. necessary things which ought to concur First is a sufficient consideration as of blood or marriage or other Collateral considerations as if I covenant with you that when you infeoffe me of certain land I will stand seised to the use of you and your heirs this is good but if the consideration be for money then this ought to be inrolled or otherwise no use will arise the second point is there ought to be a deed to testifie this agreement for otherwise no use will arise as was resolved 38. Eliz. in Collard and Collards case Thirdly he who covenants ought to be seised of the la●d at the time of the covenant as was resolved 37. Eliz. in Yelvertons case a man covenanted to stand seised to the use of his son of such lands as he should afterwards purchase and it was holden void because he was not seised at the time of the covenant and lastly the uses must agree with the rules of the Common law Cook 1. and he cited Chudleys case a man covenanted to stand seised to the use of one for years the remainder to the right heirs of I. S. this remainder is void though this is by way of covenant and use for the free-hold may not be in abeyance and so if I will at this day bargain and sell my lands in fee they shall not pass without the word heirs for it was not the intention of the said Statute to raise uses in such mannor contrary to the rules of the Common law or uses which are uncertain and in our case the intent was that no present use shall arise for out of the same land is granted a rent charge to Iohn Buckley and Eliz. his wife by which it appears plainly that it was not their intent that any present use should arise by the delivery of the indenture and if the use do not arise presently upon the delivery of the Indenture it shall never arise at all also the intent appears for it is that the land shall remain free from incumberances and this sounds only in covenant and for this reason the covenants shall be of the same nature and lastly the covenant is that the land shall remain and be and this is altogether incertaine and for this no use will arise because this failes of words as if I covenant to leave my lan● to my son after my death this will not raise an use to my son no more then if I covenant with the friends of my wife that after my death she shall have my goods this will not make my wife to be Executor and he vouched 21 H. 7. 17. 34. H. 8. 59. the Lord Borroughs case Dyer 355. 166. 324. and so be concluded that judgement ought to be given for the Plantiff Iustice Winch argued to the same purpose and he said the first part of the covenant contains that there shall be a marriage before such a day if the parties shall agree and the second part is a covenant that the feme shall have 6. l. 13. s. for her joynture and if this covenant executed an use of the land presently then this destroyes the joynture which was not the intention of the parties Thirdly there is another covenant to convey Coppihold land and if this covenant do raise an use then it will follow that Iohn Buckley shall have the land though the marriage do take effect and besides the covenant doth create an use presently or not at all and then when this use is to be raised by this covenant which contains in that nothing but future and Executory matter this will not create a present use and he cited the books which were vouched at the barre and by Hutton and so he concluded that this covenant will not raise an use presently to Iohn Buckley and that judgement ought to be given for the Plantiff And at another day the case was argued by Hobert chief Iustice for the Plantiff and that no use will arise by this covenant and he said if I will covenant to make assurance of my land to my son or to a stranger this covenant is meerly nugatorie and will not raise an use but on the contrary if I will covenant to stand seised to the use of my son though there is also a covenant to make further assurance yet this will raise a present use for the covenant is declaratory and not obligatory and so is Dyer 235. and there was no word to assure the land or to stand seised to uses but only that the land shall come remain and be in tail or in fee and there was no word to assure the land and this case is agreeable to the case of 21. H. 7. 18. by Rede that no use will arise and the reason is plain because the covenantor had election in which manner he shall have that whether by discent or in any other manner for if I covenant that my land shall descend to my son after my death no use will arise by this covenant and he put the case in Chudleys case that if a man covenant that after his death his son shall have his land in tall it is said that the son shall have an estate executed by the Statute of 27. H. 8. and the

Kingsmil agreed to this In evidence to the Iury in a replevin brought by I. S. against one Bennet for the taking of beasts and the Defendant made Conusance and he said that Mr. Potts was seised of 6. acres of land and granted a rent charge out of that to one William Pots his son in taile and for rent behinde he avowed and the issue was that the rent did not pass by the grant and Hobert said that in this case the avowant ought to prove that the grantor was seised of 6. acres or more and not of 4. or 5. acres if he will maintain his issue in this case Action upon the case for words he innuendo the Plantiff stole the Tobacco out of his Mrs. shop Finch moved the declaration was not good because he had not averred that there was a communication concerning him before and where the person is incertaine there the innuendo is void Hobert and Winch held that to be good but then Hobert moved that the declaration was not good because he said the Tobacco in his Mrs. shop and had not averred that there was Tobacco there to which also Winch agreed but if he had said that he had stolen Tobacco out of his Mrs. shop such declaration without any averment is good but here the words the had altered the sense and so there ought to be an averment and Winch said that if he had said that he had stole 2 or 3 pound of Tobacco out of his Mrs. house this had been good without any averment for the certainty appears and it was adjourned Trin. 19. Jac. Sir George Stripping in Wast SIir George Stripping brought an action of waste and an estrepment was awarded to the Sheriff of Kent to prohibit him to make waste and the Sheriff returned the writ executed accordingly and now there was an affidavit made to the Court that since the estrepment he had cut down certaine Willowes which grew upon the bank of the River by which a bank fell down and a meadow adjoyning was overflowed and upon this affidavit Davies moved for an attachment against the Defendant for it appears by this affidavit that waste is committed for the cutting of willowes in this case is waste because that they support the bank as if they grew neer a house Hobert and Winch being only present that this is a waste in law but yet no attachment shall be awarded because that this appears only by affidavit and is only the collection of the party and this doth not appear by pleading or by the recor● of the Sheriff and Brownlow said that in this case he ought to have a Pond which was granted Maior against two Bayliffs ACtion of false imprisonment was brought by Major against 2 Bayliffs of a corporation who pleaded not guilty and at the nisi prius the Plantiffe was nonsuite and now Serjeant Richardson moved upon the Statute of cap. 5. 7. Iac. for double costs and that upon the very words of the Statute and the question was whether the costs ought to be taxed by this Court or by the Iustices of Assize Hobert said that upon the nonsuite the Iustices of Assize might have commanded the Iury to have taxed the single costs and then the same judge might have doubled them and that within the words of the Stat. but if the judge grants this then upon his certificate the double costs shall be assessed for otherwise the party shall be without any remedy and Brownlow ch Prothonotary agreed with that as to the certificate that this Court shall assesse the Costs and Brownlow had a president according Mich. 19. Jac. Grice against Lee. GRice against Lee in an action upon the case and the Plantiff declared that he being long time before and still is seised in f●e of certain messages and lands in Layton Buzard in the County of Bedford and that to these messuages he had a common appendant time beyond memory c. in 600 acres of waste called Layton Heath and had common in 600 acres of wood in Layton aforesaid and that the Defendant had made certaine conney borroughs and which the aforesaid couneys where he had not made any mention of any conneys before eat up the grass and that the Defendant had inclosed the said wood by which the Plantiff had lost the profits and the Defendant as to the digging of the heath for coneys said that E. 3. granted to the Dean and Cannons of Windsor that they and their successors haberent in omnibus terris dominicalibus liberam Warrennam sibi tunc et successor et in posterum conferendam And that the 20. E. 4. the Duke of Suffolk and his wife granted to them the said Mannor of Layton whereof the said Heath is parcel and said that 22. E. 4. it was enacted by Parliament that all charters made by King E. 3. to the Deane and Canons of Windsor shall be good and that the said Deane and Cannons of Windsor being so seised of the Mannor of Layton and of the Heath in the 3. H. 7. erected a free warren and that by mean conveyance the said D. and C. conveyed that to the Defendant and so justified the making of the said coney borroughs by vertue of the charter of E. 3. and as to the 600. acres of wood he justified by the licence of the father of the Plantiff who then was seised of the common and upon these pleas in barre the Plantiff demurred and Serjeant Richardson took exception because that it is not expressy alleadged that hee was seised of the house and land to which the common is appendant at the time of the making of the conney borroughs for he only said that a long time before the erection of the conney borroughs and yet he is seised which immplies that he was seised before and after but not at the time of the warren made and for this he cited the Book of entries where waste was brought and he counted of a lease for life to the Defendant and a grant of the revertion and an attornment of the Tenant and that the Defendant had made waste and ruled to be evil because he had not alleadged that this was after the attornement and so in Stradlings and Morgans case and he cited a judgement 5. Iac in C. B. Adkinson brought an action of trespass against I. S. and declared quod per multos Annos jam preteritos he had exercised marchandize and that the Defendant such a day said of him that he was a Bankrupt and it was adjudged that the declaration was evil because he had not alleadged that he exercised marchandize at the time of the speaking of the words and he said that the cause of the judgement was entered upon the roll and the same case he could shew to the Court and Hobert desired to s●e that for he doubted much of the law of the same case to which Winch and Hutton agreed and Richardson said that as to that which may be said that a fee

owner had not any remedy and so here he doubted that when the Sheriff made execution whether he shall have any remedy or no and therefore it is good conscience to allow him to take a bond for that before he make execution for otherwise a great inconvenience may insue for perchance after the extent and before the liberate the parties may agree and then the Sheriff shall not have any thing for all his paines which he had taken in the extent which never was the intent of the Statute but it may be objected that in this case the Sheriff may have an action upon the case against the debtee or the conusee if he make such composition I answer yet this is a great hinderance and trouble to the Sheriff to prosecute the suite and it shall be very inconvenient to allow that the Sheriff shall be allowed no other remedy and then for the third point he argued that the Sheriff shall have 12. d. in the pound for the first 100. l. where the bond exceed 100. l. and 6. d. for that which exceeds for otherwise as the case is he shall have nothing at all for the first hundred pounds for the words of the Statute are if the same be above 100. l. then he shall have 6. d. so that 6. d. only shall be taken for that which is above 100. l. and nothing for the first hundred if this construction shall be made and he also remembred the objection made by Hendon and so concluded that judgement ought to be given for the Plantiff Hobert said cleerly the Sheriff may take a single bill for his fees and that is the ordinary course also he read the Statute of the 29. Eliz. that it shall be lawful to the Sheriff c. and said the words of the Statute made a contract in law for which an action of debt lyes for the Sheriff and he ●●id to Serjeant Bawtry that the second point will be found to be against him and for the third point that the Sheriff shall have but 6. d. for all in the case the summe exceed 100. l. and so they thought judgement ought to be given for the Defendant and Iustice Winch said that the reason wherefore the summe of 12. d. in the pound is given if that not exceed 100. l. is because that it is as much labour to the Sheriff to execute 100. l. as it is for 500. l. Maps and Maps against Sir Isaac Sidley MApps and Mapps brought an action upon the case against Sir Isaac Sidley upon a promise and shewed that one named Holdish was indebted to the Testator of the Plantiffs in 12. d. upon a bond which became due and that the Defendant in consideration that the Plantiffs will forbear to prosecute a suit upon the same obligation he promised to pay that and the Plantiffs shewed that they had forborn him till such a day c. and upon non assumpsit pleaded it was found for the Plantiff and now it was moved in arrest of judgement by Hitcham Serjeant of the King that this declaration is not good for this forbearance ought to be for ever and not a temporary forbearance only for the Defendant by his promise had made the debt his own as if the assumpsit promise had been to forbear to come to my house this ought to be a perpetual forbearance and here the assumpsion of the Defendant amounts to a release in law to the principal and yet he agreed if this had been generally that he had forborn and had not shewed he had forborn ill such a day the declaration had been good Hobert if the promise had been to forbear till such a day there he may sue the dettee if he do not pay it the day and it was adjourned Mich. 19. Jac. Mabies case MAbies case Hobert in Parson Mabies case if I let my rectory excepting my glebe the exception is void for no rectory may be without glebe and the same law of a mannor excepting the demeasnes but he may except parcel of the glebe and good but in pleading the lease of a rectory this shall be taken for the whole rectory and not for parcel Gratwick against Gratwick GRatwick brought a formedon in remainder against Gratwick and the Tenant pleaded that the day of the purchase of the writ and yet he the Plantiff is seised of the moity of the land in demand and it was argued by Serjeant Harvey that this is no good plea for he ought to shew of what estate he was seised and he may be seised by vertue of a Statute and he vouched the 39. E. 3. 7. Hobert if he had said that he was seised in his demeasne as of fee or as of freehold this had been good and a seisin by force of a Statute is no seisin at all and Hutton said if Tenant plead entry in part pending the wri● he ought to say that he entered and expulsed the other for otherwise it is not good and I conceive that the Court inclined that in the principal case that the plea for the cause aforesaid being of a general seisin was not a good plea. Sir Edward Grubham against Sir Edward Cooke AT another day the case of Sir Edward Grubham and of Sir Edward Cooke was moved againe and it was objected by Ashley that the declaration in the audita querela is not good because he had not shewed the day of the Testee and of the return of the writ execution in certainty but only by process such a day out of the Chancery which is not good but he ought to plead all the record of the extent in special and he offered to shew a president of that and secondly he had not shewed the execution of the liberate by which the land was delivered and so there is no express allegation of a grievance Richardson the presidents in the old book of entries are according to our declaration and Hutton vouched the 9. H. 6. and 39. H. 6 and in an action of debt upon a judgement he needs not recite all the record but he may begin at the judgement and as to the second point they all agreed that the party may have an audita querela before an ouster and yet here the showing that it was delivered to the conuser by the liberate is a sufficient averment of the ouster for it may not be delivered without an ouster and ruled that the Plantiff shall have judgement if the Defendant do not shew other cause by such a day Vpon a Capias Vtlagatum the sheriff returned that the party which was arrested had a protection from Lord Stafford who was a Lord of the Parliamen and it was moved by Serjeant Hitcham that the return was not good for the protection of a Lord of the Parliament is not good in a Capias Utlagatum which concerned the King and by Winch Iustice only present in Court the return is cleerly naught and day was given over to the Sheriff to amend his

prayed judgement in the case for the Defendant Finis M. 20. Jac. The Bishop of Glocester against Wood before NOw the case between the Bishop of Glocester and Wood was adjudged Hobert and Winch being only present and first it was resolved by them that when the Bishop let parcel as 20. acres for life and after he lets the Mannor it self to another rendring rent in this case the rent issues out of the intire Mannor for if in debt for the rent the lessor do declare upon a demise of the Mannor omitting the reversion of this parcel the declaration is evill and upon non dimisit pleaded it shall be found against him Secondly this they held that the Herriot reserved shall go with the reversion and if this do not go with the reversion to the lessee of the Mannor yet the Plantiff shall not have the Herriot and then though the Defendant had not good title to the Herriot yet if the property of the Herriot do not appertain to the Plantiff he shall not have a trover and conversion for the Defendant had the first possession and judgement was commanded to be entred for the Defendant if no other cause was shewed before next thursday Hill 20. Jac. C. P. Bulloigne against William Gervase Administrator BUlloigne brought an action of debt upon an obligation of 12. l. against William Gervase Administrator to I. S. and the Defendant pleaded that the intestate died outlawed and that the outlawrie alwayes continued in force and upon this the Plantiff did demur generally and it was argued by Attoe for the Plantiff for the plea is not good for this is a plea only by way of argument that he shall not be charged for this debt because he had not assets and in this case this outlawrie ought to be given in evidence upon nothing in his hands being pleaded and it ought not to be pleaded in barre for by possibility the outlawrie may be reversed and then the Administrator shall be charged if he had any goods and he vouched a case in this Court Trin. 27. Eliz. Rot. 2954. Worley against Bradwel and Dame Manners his wife Administratrix to Sir Thomas Manners and the feme pleaded outlawrie in the intestate and the Plantiff demurred generally and it was adjudged to be no plea and note that the record was brought into the Court and read accordingly Hitcham Serjeant to the contrary the record in Manners case was not well pleaded for the Defendant only shewed that a Capias ad satisfaciendum issued against the Testator and did not shew any recovery or judgement against him and that was the reason of the judgement in that case and the Plantiff here ought to have demurred specially as the case of 27. of Eliz. for otherwise he shall not have advantage of this plea and the plea is only evil for the manner for it is apparant that by the outlawrie of the Testator all his goods are forfeit and this is the reason of the book of 16. E. 4. 4. it is a good plea in an action of debt to plead an outlawrie in the Plantiff and to demand judgement of the action and not judgement of the writ for the debt is forfeit to the King by the outlawrie Hobert Hutton and Winch the president shewed by Attoe is not answered for though the pleading of the outlawrie is without shewing of a recovery and judgement yet the outlawrie is good till it is reversed and Hutton said that in some cases an Executor or Administrator had goods though the Testator died outlawed as if the Testator let for life rendring rent and the rent is behinde and after the Testator is outlawed and dies this shall not be forfeit but his Executors shall have the rent and if a man make a feofment upon condition that the feoffor pay 100. l. to the feoffee and his heirs or Executors and the feoffee is outlawed and the feoffor pay the money to his Executors as he may well the Executors and not the King shall have that also if the Testator is outlawed and he devise his land to his Executors to be sold these moneys shall not be forfeit and they shall agree that the plea was not good notwithstanding the general demurrer for he who will barre another by an argumentative plea his plea ought to be infallible to all intents and purposes and so it is not here for the Executors and the Administrators may be charged by the having of goods though the Testator was outlawed and for that the plea of the Defendant is not good in substance and the general demurrer is good by Hobert and by him if we suffer this plea then the Defendant will keep the goods and not reverse the outlawrie nor yet satisfie the King also if he had not goods the Defendant may plead plene Administravit or nothing in his hands and give this outlawrie in evidence See 8. E. 4. 6. 3. H. 6. 32. 39. H. 6. 37. by the opinion of Prisot and also see the case in E. 4. 5. a case to this purpose and also note well that it was said concerning the case of Manners that a writ of error was brought of that afterwards and that the case remains till this day undetermined Buckley against Simonds Ent. 18. Jac. Rot. 2120. NOw at this day the case of Buckley and Simonds was argued by Iustice Hutton and by Winch and the case was briefly this Anne Buckley Administrator to Andrew Buckley her Husband was Plantiff in a quare Imp. against John Simonds John Prior and Robert Pierce Alias Price for disturbing her to present to the Church of D. and shewed that Andrew Buckley Grandfather of the Husband of the Plantiff was seised of the said advowson in gross and presented one I. S. and he died after whose death the advowson discended to Richard Buckley and that the Church became void and that one Richard Williams usurped upon the said Richard Buckley then being within age and that Richard Buckley also died and by his death the said advowson discended to Andrew Buckley as brother and as heir to Richard and that the Church became void and before the presentment by Andrew and within 6. moneths Andrew died and that the Administration of the goods of Andrew were committed to the Plantiff and that she presented within 6. moneths and the Defendants disturbed her and the Defendants pleaded in barre and confessed the seisin of the Grandfather as is alledged in the declaration and they said that the said Andrew Buckley 14. Eliz. by his Indenture made between the said Andrew Buckley on the one part and John Preston of the other part by which the said Andrew Buckley by the same Indenture covenanted with Preston in consideration of a marriage to be had between John Buckley and Elizabeth Preston daughter of John Preston he covenanted with him and his heirs that immediately after he death of him and of his wife the said advowson inter alia shall be to the said John Buckley

years then this is void by resignation and so is the case of Packhurst that when he resignes during the years of the Commendam the Patron shall have that and not the King and so also my opinion is clear that if he had died within the 6. years limitted by the Commendam that the King shall not have that for then it is void by death and not by the assumption of the Bishoprick which book proves directly that a Commendam may be aswel for years as for life but yet I do not hold that upon those temporary Commendams if the Bishop continued Parson during the years and made no Act to impeach that then is a void cause S. the assumption of the Bishoprick and then when that is determined the supension is determined and it is void by the original cause S. by the assumption of the Bishoprick and this Commendam doth not turn the second or first Patron to any prejudice for the incumbent is still in by the presentation of the Patron and the determination of the Commendam is not any cause of the avoidance of the benefice but this is quasi non causa which is causa stolida as the Logicians do term it but in this case the assumption is the cause of the Cession and it is like to the case of 25. Ed. 3. 47. where the King brought a quare Impedit against the Arch-Bishop of York for a Prebendary vide the case and ruled in that case that the confirmation of the King had not taken away his title to present and the reason was because the confirmation had not filled the Church but continued that full which was full before and here this temporarie Commendam may not restrain the King to present afterwards for this is not a presentation and therefore may not take away the title of the King and here the Plantiff hath not well expressed it for he hath not shewed in this Court that the presentation of the King was lawful neither that Chardon held that by vertue of the Commendam for all the 6. years but only that the Church became void by the Laws of England and that is not sufficient and then if all before were for the Plantiff yet the question is whether he hath lost his turn and I think that he hath omnis argumentatio est à notoribus and the first is better known then the second and the second may not be the first and there when the devise gave him the first it is idle to say that he shall have the second for that departs from the meaning of the words and in every grant the law implies quantum in se est and no man may say that the devisor did intend to warrant that from antient Titles and so the Lord Hobert concluded his argument and said his opinion was that the Plantiff shall be barred and judgement was commanded to be entred accordingly Mich. 22. Jac. C.P. Michaelmas Term in the two and twentieth year of King James in the Common Pleas. DAvenport moved for the amendment of a Record where a recovery was suffered of lands in Sutton in the Countie of York and the indenture of bargain and sale was by the right name and the indenture of uses by the right name but the writ of entrie was of the Mannor of Sulton and upon the examination of the parties to be recovery that the recovery was to no other uses then is expressed and mentioned in the said indenture this was to be amended Sheis against Sir Francis Glover SHeis brought an action upon the case against Sir Francis Glover and shewed for the ground of his action that where one Harcourt was bound to the Plantiff in a Recognizance c. upon which the Plantiff took forth an elegit and the Defendant being the Sheriff of the Countie took an inquisition upon that upon which it was extended but he refused to deliver this to the Plantiff but yet he returned that he had delivered that and upon that he brought his Action and upon not guiltie pleaded it was found for the Plantiff and now it was moved in arrest of judgement by Serjeant Hendon and the reason he shewed was because he laid his action in an improper Countie for though the return was in Middlesex where the Action was brought yet because the land lies in Oxfordshire where the seisin ought to be delivered the place is Local and for that the Action ought to be brought there and now Serjeant Breamston argued that the Action was well brought in Middlesex for this being but a personal thing he may bring that in either of the Counties as 14. Ed. 4. 13. Ed. 4. 19. expresly in the point and to the second objection that had been made that an Averment may not be against the return of the Sheriff to that Breamston answered that in an other Action an Averment may be against the return of the Sheriff though not in the same Action as 5. Ed. 4. but it was agreed to have a new trial by the preservation of the Iustices for otherwise it seemed the opinion of the Court was that the Plantiff shall have judgement upon the reasons urged by Serjeant Breamston Mary Baker against Robert Baker an Infant in Dower MAry Baker brought a writ of Dower against Robert Baker an Infant who did appear by his Gardian and he pleaded that his father who was husband of the demandant was seised of a Messuage and of land in Socage and devised that to the demandant for her joynture in full satisfaction of all Dower and he shewed that after the death of his father the demandant did enter into the said Messuage and land and was seised of that by vertue of the devise and to that the demandant did replie by protestation that he did not devise and for plea confessed the seisin of the husband and her own entrie but she further shewed that the Infant who was then Tenant was but of the age of 14. years and that she entred as Gardian in Socage to the Infant and disagreed to accept of that by vertue of the devise and traversed the entire and the agreement and it was said by the Court that his bar is good though it had been more pregnant to have alledged that she entred virtute legationis praedictae and so was seised and after it was said that the Replication was very good without the traverse for this was not expresly set down but that was but meerly the consequence of the plea which in veritie was not traversable Hickman against Sir William Fish HIckman had judgement for 600. l. and 10. l. damages against Sir William Fish and he acknowledged satisfaction for 410. l. of the said debt and damages and after there was an agreement between them that if Sir William did not pay the residue by such a day that then it should be lawful for Hickman to take out execution against the said Fish without suing of any scire facias though it was after