Abridgment
.
HOlden
by
the
Prothonatories
of
the
Common
Bench
in
Trespass
of
Battery
;
Mar.
1.
B.
Abridgement
,
36.
the
end
.
Acceptance
.
Note
,
H.
8.
B.
Acceptance
,
14.
If
Tenant
in
Taill
Leases
his
land
for
twenty
years
,
rendring
rent
,
and
dies
,
and
the
Lessee
leases
to
another
for
ten
yeares
,
and
the
issue
accepts
the
rent
of
the
second
Lessee
,
this
is
no
affirmance
of
the
Lease
:
for
there
is
no
privity
between
the
second
Lessee
and
him
;
contrary
,
if
he
paies
it
as
Bayliff
of
the
first
Lessee
;
and
B.
seems
if
the
first
Lessee
had
Leased
over
all
his
Term
in
parcel
of
the
land
let
,
and
this
Assignee
paies
the
rent
to
the
issue
in
tail
,
that
this
affirms
the
entire
Lease
:
for
Rent
upon
a
Lease
for
years
,
is
not
apportionable
32.
H.
8.
B.
Acceptance
.
13.
Tenant
in
Tail
,
the
Remainder
over
Leases
for
years
,
rendering
Rent
,
and
dies
without
issue
,
he
in
the
Remainder
accepts
the
rent
:
this
shal
not
binde
him
because
that
when
the
tail
is
determind
,
all
that
is
comprised
within
it
is
determined
,
and
so
the
Lease
void
,
and
he
in
the
Remainder
claims
not
by
the
Lessor
.
1.
E
▪
6.
B.
Acceptance
19.
Bishop
Leases
Land
of
his
Bishoprick
for
years
,
rendering
Rent
,
and
dies
;
the
Successour
accepts
the
Rent
;
this
shall
binde
him
;
for
the
Bishop
hath
a
Fee-simple
,
Juris
utrum
.
2.
E.
6.
B.
Acceptance
.
20.
If
a
man
be
bound
in
an
obligation
to
pay
ten
pound
to
the
Obligee
at
Paris
beyond
Sea
at
a
certain
day
,
H.
8.
B.
Conditions
.
206.
Acceptance
of
Rent
by
the
Lord
from
the
disseisor
of
the
Tenant
,
shall
not
bar
him
of
his
escheat
:
otherwise
if
he
had
avowed
for
it
in
Court
of
Record
,
&c.
See
Tit.
Escheat
.
Action
popular
.
Note
,
B.
Action
Popular
.
6.
Action
upon
the
Case
.
If
I
have
a
Mill
in
B.
and
another
makes
another
Mill
there
by
which
I
lose
my
Toll
by
going
of
divers
to
it
,
H.
8.
B.
Action
upon
the
Case
.
42.
the
end
.
In
an
Action
upon
the
Case
where
the
Plaintiff
delivers
goods
to
the
Defendant
,
and
the
Defendant
for
ten
shillings
promises
to
keep
them
safe
,
and
does
not
,
to
the
dammage
,
&c.
And
by
Fitzherbert
and
Shelly
Justices
,
Non
habuit
ex
deliberac
'
,
is
a
good
Plea
.
26.
H.
8.
B.
Action
upon
the
Case
.
103.
Note
,
in
an
Action
upon
the
Case
betwixt
Awsten
Plaintiff
,
Thomas
Lewis
Defendant
,
for
calling
him
false
and
perjured
;
he
justifies
,
because
that
the
Plaintiff
was
perjured
in
the
Star-chamber
in
such
a
matter
,
&c.
and
a
good
Plea
by
the
Court.
28.
H.
8.
B.
Action
upon
the
Case
.
3.
more
of
this
in
the
next
.
Action
upon
the
Case
for
calling
the
Plaintiff
false
perjured
man
;
Common
Bench.
Wherefore
the
Plaintiff
said
of
his
own
wrong
,
without
that
he
swore
in
manner
and
form
,
&c.
30.
H.
8.
B.
Action
upon
the
Case
.
104.
If
a
man
bring
debt
of
10.
l.
the
Defendant
wages
his
Law
:
and
after
the
Plaintiff
brings
an
Action
upon
the
Case
against
the
same
Defendant
,
that
he
promised
to
pay
the
10.
l.
&c.
The
Defendant
may
plead
that
for
the
same
summ
the
Plaintiff
brought
before
an
Action
of
Debt
,
in
which
the
Defendant
waged
his
Law
,
Judgement
,
if
Action
.
And
a
good
Plea
,
for
he
was
once
barred
of
the
same
summ
.
And
in
Action
upon
the
Case
,
that
the
Defendant
promised
to
pay
10.
l.
to
the
Plaintiff
,
which
he
ought
to
him
for
a
Horse
,
and
a
Cow
,
the
Defendant
may
say
,
That
he
promised
to
pay
10.
l.
to
the
Plaintiff
,
which
he
did
ow●
to
him
for
a
horse
,
which
he
bought
of
him
,
which
summ
he
hath
paid
to
the
Plaintiff
without
that
that
he
promised
to
pay
10.
l.
which
he
did
ow●
to
the
Plaintiff
for
one
Horse
,
and
one
Cow
,
as
&c.
Or
without
that
that
he
did
ow●
to
the
Plaintiff
10.
l.
for
a
Horse
and
a
Cow
,
as
&c.
33.
H.
8.
B.
Action
upon
the
Case
.
105.
Action
upon
the
Case
,
H.
8.
B.
Action
upon
the
Case
.
109.
In
an
Action
upon
the
Case
,
H.
8.
B.
Action
upon
the
Case
.
103.
the
end
.
Action
upon
the
Case
was
brought
in
London
by
A.
B.
H.
8.
B.
Action
upon
the
Case
.
107.
'T
was
agreed
,
H.
8.
B.
Action
upon
the
Case
.
4.
the
end
.
In
an
Action
upon
the
Case
for
a
thing
which
lies
in
Feasans
,
non
Feasons
of
a
thing
which
he
ought
to
do
;
as
to
make
or
repair
a
Bridge
,
House
,
Park
,
Pale
,
scouring
a
Ditch
,
and
the
like
,
and
doth
it
not
,
there
not
guilty
is
no
plea.
2.
E.
6.
B.
Action
upon
the
Case
.
III.
Action
upon
the
Case
for
calling
the
Plaintiff
false
Justice
of
Peace
,
vel
his
similia
,
these
words
(
his
similia
)
were
ordered
to
be
struck
out
of
the
book
by
the
Court
,
for
the
incertainty
.
4.
E.
6.
B.
Action
upon
the
case
.
112.
Action
upon
the
Case
whereas
the
Plaintiff
was
possessed
of
such
Goods
,
as
of
his
proper
Goods
,
and
lost
them
,
and
the
Defendant
found
them
,
and
conver-them
to
his
own
use
:
the
Defendant
said
,
That
the
Plaintiff
pledged
them
to
him
for
10.
l.
by
reason
of
which
he
detrains
them
for
the
said
10.
l.
as
t
is
lawfull
for
him
,
without
that
that
he
converted
them
to
his
own
use
,
as
&c.
and
a
good
plea
by
some
.
By
others
he
must
plead
not
guilty
,
E.
6.
B.
Action
upon
the
Case
.
113.
T
was
agreed
in
the
Common-Bench
,
●hat
if
a
man
for
marriage
of
his
daughter
,
assumes
to
pay
20.
l.
a
year
Easter
,
for
four
years
,
and
fails
two
●ars
,
that
the
Plaintiff
may
have
an
A●●ion
upon
the
Case
upon
the
promise
●r
the
non
payment
of
the
two
years
,
●●ough
the
other
two
years
are
not
●et
come
;
for
this
is
in
nature
of
Cove●ant
.
4.
M.
1.
B.
Action
upon
the
Case
.
●08
.
the
end
.
Action
upon
the
Statute
.
In
an
Action
upon
the
Statute
of
8.
H.
6.
of
forcible
entry
.
H.
8.
B.
Action
upon
●he
statute
.
40.
In
Trespass
upon
5.
R.
2.
to
say
that
●he
place
,
&c.
is
the
Free-hold
of
I.
N.
●nd
hee
by
his
commandment
entred
,
is
no
plea
,
:
for
the
action
is
given
by
the
Statute
,
and
therefore
ought
to
have
a
special
answer
,
and
not
as
in
a
general
Writ
of
Trespass
.
24.
H.
8.
B.
Action
upon
the
statute
.
15.
See
by
Fitz.
Justice
,
H.
8.
B.
Action
upon
the
Statute
.
6.
'T
was
said
for
Law
,
H.
8.
B.
Action
upon
the
statute
.
27.
Account
.
Account
lies
not
against
Disseisors
,
for
then
the
Disseisee
shall
avoid
the
discents
at
his
pleasure
:
and
also
the
Defendant
was
never
his
Receiver
for
to
render
account
,
for
this
cannot
be
without
privity
in
Law
,
or
in
Deed
;
as
by
Assignment
,
or
as
Guardian
,
or
the
like
:
or
by
pretence
the
Defendant
to
the
use
of
the
Plaintiff
,
and
where
the
Defendant
claims
to
his
own
use
,
there
the
plea
is
true
;
neither
his
Receiver
,
nor
his
Baily
,
to
render
account
:
2
Mar.
1.
B.
Account
89.
Adjournment
.
The
Justices
of
Assise
may
adjourn
the
Assises
upon
every
demurrer
,
and
upon
every
dubious
plea
or
Verdict
;
and
upon
every
foraign
plea
,
and
to
what
place
they
will
;
and
adjournment
may
be
upon
Certificate
of
the
Assises
,
as
well
as
upon
the
assise
.
B.
Adjournment
28.
Administrators
.
Debt
is
brought
against
the
Ordinary
,
I.
S.
the
first
Writ
shal
abate
:
H.
8.
B.
Administrators
39.
Nota
,
per
omnes
legis
peritos
,
and
by
those
of
the
Arches
,
that
at
the
time
of
vacation
of
an
Archbishoprick
,
or
Bishoprick
,
the
Dean
and
Chapter
shall
commit
the
administration
,
36.
H.
8.
B.
administrators
46.
Nota
,
Charles
Brandon
Duke
of
Suffolk
,
had
issue
sonn
by
one
Venter
,
and
daughter
by
another
Venter
,
and
devised
goods
to
the
son
,
and
dyes
,
and
after
the
son
dyes
intestate
,
without
Wife
and
Issue
;
and
the
mother
of
the
son
who
was
of
the
second
Venter
(
for
the
daughter
was
of
the
first
Venter
)
took
the
administration
by
the
Statute
;
which
is
,
That
the
administration
shall
be
committed
to
the
next
of
kinn
of
the
intestate
.
And
upon
great
argument
in
the
Spirituall
Court
,
W.
Rawlin
Clerk
,
which
was
committed
,
to
Sir
H.
Brown
,
who
marryed
the
sister
of
the
said
Rawlins
,
and
after
came
W.
S.
and
J.
S.
son
of
the
Wife
of
the
said
Sir
H.
(
which
Wife
was
the
mother
of
the
said
Shelton
by
a
former
Husband
)
and
reversed
the
first
administration
,
and
obtained
the
administration
to
them
.
And
the
said
Duke
had
issue
Frances
by
the
French
Queen
;
and
after
this
Wife
dyed
,
he
marryed
the
daughter
of
the
Lord
Willoughby
,
and
had
issue
by
her
one
Henry
,
and
dyed
;
and
after
Henry
dyed
without
issue
,
and
without
Wife
,
and
the
mother
of
the
Heir
took
the
Administration
;
and
after
the
said
Frances
Wife
of
the
Marquess
of
Dorset
sued
,
and
reversed
the
administration
,
and
obtained
the
administration
to
her self
,
though
she
were
but
sister
of
the
half
blood
to
the
said
Henry
,
because
that
she
is
next
of
kinn
to
the
said
Henry
,
for
that
Henry
had
not
any
Children
;
for
the
mother
is
not
next
of
kinn
to
her
own
son
in
this
respect
of
this
matter
;
for
it
ought
to
goe
by
discent
,
and
not
by
ascension
,
by
the
Law
of
England
,
nor
by
the
Law
civill
.
And
the
children
are
de
sanguine
patris
&
matris
,
sed
frater
&
mater
non
sunt
de
sanguine
puerorum
.
And
by
Isidore
,
Pater
&
mater
&
puer
sun●
una
caro
;
and
therefore
no
degree
is
betwixt
them
;
contrary
between
brother
&
sister
;
and
the
half
blood
is
no
impediment
as
to
goods
(
B.
administrators
47.
)
Note
,
that
in
the
argument
of
this
case
,
't
was
agreed
by
the
Justices
,
that
the
King
is
not
intitled
to
the
land
of
his
Ward
,
without
office
,
though
he
hath
but
a
Chattel
in
it
,
yet
it
comes
ratione
tenurae
,
Office
before
,
&c.
55.
Age.
A
man
recovers
Rent
and
arrearages
by
assise
,
Or
if
he
recovers
an
annuity
and
arrearages
of
it
in
a
Writ
of
annuity
,
the
Defendant
dyes
,
the
Plaintiff
brings
a
Scire
facias
against
the
heir
,
he
shall
not
have
his
age
of
the
arrearages
,
for
they
are
reall
,
and
parcell
of
the
rent
or
annuity
.
But
if
the
Judgment
be
of
arrearages
and
dammages
,
there
he
shall
have
his
age
(
B.
age
50.
)
And
where
he
recovers
in
a
Writ
of
annuity
,
or
assise
,
as
before
:
Or
hath
avowed
for
a
Rent
,
per
curiam
,
23.
H.
8.
B.
Debt
,
212.
&
age
50.
Note
,
Age
52.
&
78.
)
As
if
the
King
alien
Land
,
parcel
of
his
Dutchy
of
Lancaster
within
age
,
there
he
may
avoid
it
for
Non-age
for
the
reason
aforesaid
:
otherwise
of
Land
which
he
hath
as
King
,
Prerogative
.
132.
)
Yet
by
the
Statute
of
1.
E.
4.
(
which
is
a
private
act
not
printed
,
but
inrolled
in
the
Dutchy
Chamber
,
by
which
King
H.
6.
was
attainted
of
Treason
,
H.
4.
1.
E.
6.
B.
Age.
52.
Note
,
t
was
in
a
manner
granted
by
all
the
Justices
in
the
Common
Bench
,
That
if
a
Parson
,
Prebend
,
or
the
like
be
within
age
of
21
years
,
and
makes
a
Lease
of
his
Benefice
within
age
,
that
yet
this
shall
binde
him
:
for
where
he
is
admitted
by
the
Law
of
holy
Church
to
take
it
within
age
,
so
the
Common
Law
inables
him
to
Demise
his
Benefice
within
age
.
4.
Mar.
1.
B.
Age.
80.
Alienations
.
If
the
Tenant
of
the
King
alien
in
Fee
without
licence
,
Alienations
29.
Gard
85.
But
otherwise
if
the
Alienor
were
Tenant
in
Tail
;
and
if
the
Alienation
without
licence
be
found
by
office
,
the
King
shall
have
the
Issues
of
the
Land
from
the
time
of
the
Inquisition
taken
,
and
not
before
.
(
B.
Alienations
26.
in
medio
.
)
But
where
the
Tenant
dies
,
and
his
Heir
enters
upon
an
office
found
for
the
King
,
of
the
dying
seised
of
the
Ancestor
,
H.
8.
B.
Intrusion
18.
the
end
.
T
is
said
for
Law
,
H.
8.
B.
Alienations
.
29.
the
end
If
a
man
obtain
licence
to
alien
the
Mannor
of
D.
and
all
his
Lands
&
Tenements
in
D.
he
cannot
alien
by
Fine
:
for
the
Fine
shall
be
certain
:
Note
,
in
Capite
,
and
one
releases
to
the
other
all
his
right
,
this
is
no
alienetion
;
nor
doth
he
need
Licence
,
or
pardon
of
it
:
for
he
to
whom
the
Release
is
made
,
is
in
by
the
first
feoffor
,
and
not
by
him
that
Released
:
nor
shall
he
Fine
for
such
release
:
and
so
t
is
used
in
the
Chequer
,
Sur
Conusans
de
droit
Com
ceo
,
&c.
for
this
is
an
estate
made
by
Conclusion
.
37.
H.
8.
B.
Alienations
31.
Tenant
of
the
King
in
Capite
cannot
alien
for
term
of
life
without
Licence
:
for
it
alters
the
Freehold
.
Time
H.
8.
B.
alienations
22.
the
end
.
Note
,
That
for
Burgage
Tenure
of
the
King
,
a
man
may
alien
without
licence
well
enough
.
6.
E.
6.
B.
Alienations
36.
Note
,
That
a
Devise
by
Testament
was
taken
to
be
an
alienation
.
3.
Mar.
1.
B.
alienations
37.
Alien
.
See
Tit.
Denizen
.
Note
,
Kings
Bench
an
alien
may
bring
an
action
personal
,
and
shall
be
answered
without
being
disabled
,
because
he
is
an
alien
born
:
otherwise
in
an
action
real
(
and
the
same
B.
seems
in
an
action
mixt
.
)
and
he
may
have
a
property
,
H.
8.
B.
Denizen
10.
Nonability
40.
T
was
said
in
the
Kings
Bench
,
E.
6.
B.
Nonability
62.
If
an
alien
born
purchase
,
Time
,
E.
6.
B.
Denizen
17.
the
end
.
T
was
said
in
Parliament
,
Amendment
.
By
Fitzherbert
,
Common
Bench
,
into
the
Kings
Bench
,
betwixt
an
Abbot
and
I.
N.
the
Warrant
of
Attorney
varied
in
the
Roll
in
the
name
of
the
Abbot
;
and
t
was
amended
after
Judgement
:
and
if
they
had
not
amended
it
,
they
said
,
that
those
of
the
Kings
Bench
would
have
amended
it
.
23.
H.
8.
B.
Amendment
85.
the
end
.
Note
,
Common
Bench
,
they
amended
it
presently
:
and
they
said
that
those
of
the
Kings
Bench
would
have
done
the
like
.
24.
H.
8.
B.
Amendment
47.
Note
,
Eliz
Com.
243.
by
Weston
.
30.
H.
8.
B.
Amendment
80.
Appeal
.
Note
,
by
the
Justices
of
both
Benches
,
a
man
shall
not
have
the
plea
in
an
appeal
;
That
the
dead
assaulted
him
,
and
that
he
killed
him
in
his
defence
,
but
shall
plead
not
guilty
in
manner
and
form
,
and
shall
give
this
matter
in
evidence
:
and
the
Jurie
is
bound
to
take
notice
of
it
;
and
if
they
finde
it
,
he
shall
go
acquitted
in
form
aforesaid
.
Appeal
,
122.
Corone
.
1.
)
the
end
.
And
where
the
Jury
acquits
the
Defendant
upon
an
Indictment
before
the
Coroners
,
they
ought
to
finde
that
he
killed
the
man
:
and
there
they
may
say
,
That
the
same
Defendant
killed
him
se
defendendo
:
but
upon
an
Indictment
before
other
Justices
,
it
suffices
to
say
,
not
guilty
only
,
without
more
.
37.
H.
8.
B.
Appeal
,
122
▪
The
Heir
of
a
man
killed
shall
have
an
appeal
,
as
well
of
Homicide
of
his
ancestor
,
as
of
Murther
.
2.
E.
6.
B.
Appeal
124.
Note
,
Appeal
,
109.
)
as
where
a
woman
hath
a
Quarentine
,
and
she
marries
within
the
40.
daies
,
shee
loses
her
Quarentine
.
1.
Mar.
1.
B.
Appeal
,
109.
Dower
,
101
:
Appeal
of
death
may
be
commenced
before
the
Coroner
,
Apportionment
.
T
is
said
that
if
I
sell
my
Horse
,
apportionment
.
7.
If
the
Kings
Tenant
of
four
acres
,
alien
one
to
the
King
:
Or
if
he
hath
two
Daughters
,
and
dies
:
and
the
one
aliens
to
the
King
,
the
Rent
shall
be
apportioned
if
it
be
severable
:
and
this
by
the
Common
Law
,
Before
the
Statute
of
Quia
emptores
terrarum
,
Arbitrement
.
Debt
upon
an
Obligation
:
the
Defendant
pleads
the
Condition
:
if
he
shall
stand
to
the
award
of
I.
and
N.
so
that
the
award
be
made
before
such
a
day
,
and
saies
,
that
the
award
was
not
made
by
the
day
:
the
Plaintiff
may
say
,
That
they
made
such
an
award
before
the
day
,
Assets
inter
maines
.
Assets
in
their
hands
.
See
Tit.
Extinguishment
.
Note
,
H.
8.
B.
Assets
inter
maines
10.
Where
a
perquisite
of
a
Villain
shall
be
Assets
:
See
Tit.
Villeinage
.
Assets
per
discent
.
Assets
by
discent
.
In
an
action
of
Debt
against
an
Heir
upon
an
obligation
of
his
ancestor
,
who
pleaded
nothing
by
discent
;
and
t
was
found
that
Land
discended
to
him
,
but
not
assets
;
t
was
adjudged
that
the
Plaintiff
should
have
Execution
of
all
his
Lands
,
as
well
of
Land
purchased
,
as
of
Land
discended
:
and
B.
seems
the
reason
to
be
for
his
false
plea.
3.
Mar.
1.
B.
Assets
per
discent
5.
in
the
end
.
Assignee
.
A
man
Leases
a
house
and
Land
for
years
;
and
the
Lessee
Covenants
that
he
and
his
Assignes
will
repair
the
house
;
and
after
the
Lessee
grants
over
his
Term
,
and
the
assignee
doth
not
repair
,
an
action
of
Covenant
lies
against
the
assignee
;
for
this
is
a
Covenant
which
runs
with
the
land
:
(
B.
Covenant
32.
Deputy
16.
)
and
also
it
lies
clearly
against
the
Lessee
after
that
he
hath
assigned
over
his
Term
:
and
B.
seems
that
if
he
bring
several
Writs
of
Covenant
against
both
,
that
there
is
no
remedy
till
he
takes
execution
against
the
one
:
Audita
Querela
.
25.
H.
8.
B.
Covenant
32.
Assise
.
Assise
:
the
Tenant
pleads
not
attached
by
fifteen
daies
;
the
Bayliff
was
examined
,
who
said
that
he
attached
him
by
the
horse
of
a
Farmor
which
was
a
Termor
to
the
Tenant
of
the
land
in
plaint
,
which
matter
was
recorded
:
and
B.
seems
that
t
is
no
good
attachment
;
for
the
Tenant
cannot
forfeit
the
beasts
of
his
Farmor
:
Stafford
.
31.
H.
8.
B.
Assise
480.
Note
,
by
the
Justices
in
the
Common
Bench
,
That
in
an
assise
against
two
,
the
one
takes
the
Tenancy
and
pleads
no
wrong
,
and
the
other
takes
the
Tenancy
without
that
,
that
the
other
hath
any
thing
,
and
pleads
in
Bar
:
there
the
Plaintiff
shall
be
compelled
to
chuse
his
Tenant
at
his
peril
,
as
well
as
if
both
had
pleaded
in
Bar
,
and
accepted
the
Tenancy
severally
:
and
if
it
be
found
that
he
mis-elects
his
Tenant
,
the
Writ
shall
abate
,
but
he
shall
not
be
barred
.
And
there
when
the
Demandant
elects
his
Tenant
,
and
he
pleads
,
there
they
shall
be
at
issue
,
before
that
the
Tenancy
shall
be
inquired
,
and
then
the
Tenancy
shall
be
Inquired
first
,
and
after
the
other
issue
.
6.
E.
6.
B.
Assise
384.
Assurances
.
Note
,
that
Tenant
in
Tail
who
levies
a
Fine
with
Proclamation
,
shall
be
bound
,
and
his
Heirs
of
his
body
also
after
the
Proclamation
made
,
and
not
before
:
so
that
if
the
Tenant
in
Tail
die
before
all
the
Proclamations
made
,
this
shall
not
binde
the
issue
in
Tail
;
and
the
Proclamation
cannot
be
made
in
shorter
time
then
in
four
Terms
(
B.
Fine
Levies
109.
assurances
6.
)
But
Tenant
in
Tail
who
is
not
party
to
the
Fine
,
shal
not
be
so
bound
after
the
Proclamations
,
but
that
he
shall
have
five
years
to
make
his
claim
:
and
if
he
fails
of
them
,
and
dies
,
his
issue
shall
have
other
five
years
by
the
equity
of
the
Statute
of
W.
2.
Quod
non
habeat
potestatem
alienandi
.
(
Quaere
)
And
the
Statute
saies
,
That
it
shall
binde
parties
and
p●i●●es
:
and
therefore
where
Tenant
in
Tail
is
party
to
the
Fine
,
with
Proclamation
,
and
his
issue
claims
Performam
doni
,
the
issue
is
privy
:
for
he
cannot
convey
to
himself
as
heir
in
tail
,
but
as
of
the
body
of
his
Father
,
which
is
privity
.
But
a
Fine
with
Proclamation
,
may
be
confessed
and
avoided
;
and
then
it
shall
not
binde
:
for
the
Statute
is
intended
De
finibus
ritè
levatis
.
And
therefore
he
may
say
,
that
the
parties
to
the
Fine
had
nothing
tempore
finis
,
&c.
For
if
none
of
the
Parties
had
nothing
tempore
finis
,
then
t
is
a
Fine
by
conclusion
betwixt
the
parties
:
but
all
strangers
may
avoid
it
by
the
averment
as
afore
.
(
B.
Fines
,
Levies
,
109.
)
And
by
the
Statute
of
32.
H.
8.
Fine
with
Proclamation
by
Cestui
que
use
in
Tail
,
shall
binde
him
and
his
heirs
after
Proclamation
made
:
and
a
Fine
with
Proclamation
,
the
Reversion
or
Remainder
in
the
King
,
and
the
Conusor
dies
,
the
Proclamation
made
t
is
no
Bar
,
nor
discontinuance
;
because
that
the
Reversion
or
Remainder
in
the
King
,
cannot
be
discontinued
:
therefore
there
the
issue
in
Tail
may
enter
after
the
death
of
the
Tenant
in
Tail
.
(
B.
Bar
97.
Assurances
6.
)
And
B.
seems
,
that
neither
the
Statute
of
32.
H.
8.
nor
4.
H.
7.
shall
not
binde
the
issue
in
Tail
,
nor
the
Reversion
to
the
King
by
Fine
with
Proclamation
,
though
that
the
Proclamation
be
made
:
and
yet
the
Statute
of
4.
H.
7.
wils
that
after
Proclamation
made
,
it
shall
be
a
final
end
,
and
shall
conclude
as
well
privies
,
as
strangers
,
except
infants
,
Fem
Coverts
,
and
the
like
,
&c
:
And
the
issue
in
Tail
is
privy
.
Yet
B.
thinks
that
the
intent
of
the
Statute
was
not
that
the
issue
in
Tail
,
(
B.
Fines
,
Levies
121.
)
Yet
Quaere
,
for
the
Statute
of
32.
H.
8.
which
wils
that
the
heir
in
Tail
shall
be
barred
by
Fine
▪
with
Proclamation
,
after
the
Proclamation
made
,
hath
an
exception
of
those
,
of
which
the
Reversion
,
or
Remainder
,
is
in
the
King
,
so
that
it
shall
not
binde
such
issue
in
Tail
.
B.
assurances
6.
the
end
.
But
otherwise
t
is
of
a
recovery
,
and
Execution
had
by
writ
of
entry
in
the
Post
,
with
voucher
by
the
Common
Law
,
:
H.
8.
Recovery
against
Tenant
in
Tail
;
the
Remainder
,
or
Reversion
in
the
King
shall
not
binde
the
issue
in
Tail
,
but
that
he
may
enter
after
the
Death
of
Tenant
in
Tail
.
30.
H.
8.
B.
Bar
97.
the
end
.
Assurances
6.
Note
,
That
for
assurance
of
land
,
that
the
heir
should
not
sell
,
t
was
devised
,
That
a
man
should
make
a
Feoffment
in
Fee
to
two
,
to
the
use
of
himself
for
Term
of
life
without
impeachment
of
wast
,
and
after
to
the
use
of
his
son
,
and
his
heirs
,
until
the
son
should
assent
and
conclude
to
alien
it
,
or
any
part
of
it
;
or
to
charge
or
incumber
it
,
and
after
imediately
upon
such
consent
and
conclusion
to
the
use
of
A.
and
his
heirs
,
until
as
afore
,
and
then
&c.
to
the
use
of
B.
and
his
Heirs
,
until
,
&c
and
so
of
more
,
&c.
and
by
such
assent
and
conclusion
by
the
Statute
of
uses
.
Anno
,
27.
H.
8.
c.
10.
the
other
shall
be
in
possession
,
&c.
38.
H.
8.
B.
Assurances
1.
Where
men
enter
into
an
arbitrement
,
Regulae
B.
Assurances
4.
Attaint
.
Caveatur
in
every
action
triable
by
Jury
,
of
the
quantity
of
the
land
,
as
where
a
man
demands
200.
acres
,
where
they
are
but
a
hundred
sixty
or
the
like
:
and
the
title
is
for
the
demand
,
there
if
the
Jury
finde
that
he
deseised
him
of
200
acres
,
or
the
like
,
this
is
matter
of
Attaint
.
Quaere
by
B.
if
an
Attaint
doth
not
lie
upon
a
Verdict
in
an
appeal
of
Maihem
at
this
day
,
by
the
Statute
of
23.
H.
8.
cap.
4.
For
this
year
t
was
doubted
.
38.
H.
8.
B.
Attaint
10.
the
end
.
Assise
is
brought
against
Tenant
by
Statute
Merchant
,
W.
Whorewood
the
Kings
Attorney
.
Yet
by
B.
t
is
not
reasonable
where
they
are
named
,
and
lose
their
interest
:
yet
it
seems
to
him
,
that
he
that
is
acquitted
shall
not
have
an
attaint
;
but
if
they
are
found
disseisors
,
they
shall
have
an
attaint
by
him
.
Time
,
H.
8.
B
Attaint
82.
the
end
.
Note
;
For
Law
,
where
Trespass
of
battery
,
goods
carried
away
,
or
a
writing
broken
(
which
are
transitory
)
is
done
in
one
County
,
yet
an
action
may
be
brought
in
an
other
.
(
B.
Attaint
104.
And
so
t
was
agreed
in
Trespass
in
London
,
of
breaking
of
at
D.
in
London
,
where
indeed
D.
was
in
the
County
of
E.
for
these
are
not
local
.
B.
Lieu.
65.
)
And
therefore
in
Trespass
transitory
,
the
place
is
not
issuable
,
(
B.
Traverse
,
&c.
283.
)
And
in
those
cases
,
the
Jury
of
another
County
may
take
Conusance
thereof
,
Mar.
1.
B.
Attaint
104.
Jurors
50.
Note
;
Mar.
1.
B.
Attaint.
127.
Where
an
attaint
lies
,
where
not
.
See
Tit.
Dammages
.
And
Tit.
Fanxifier
.
Attornment
.
Note
;
That
Attornment
may
be
made
by
Tenants
,
Quaere
.
If
no
Rent
then
is
due
,
nor
the
rent
day
come
.
28.
H.
8.
B.
Attornment
40.
T
was
agreed
,
H.
8.
c.
10.
there
because
the
use
is
changed
by
the
bargain
and
sale
,
by
the
said
Statute
,
and
the
buyer
in
possession
;
and
hath
no
means
to
compel
the
Tenant
to
attorn
;
there
he
may
distrain
,
and
avow
without
attornment
.
Otherwise
upon
a
grant
by
Fine
;
Por
quae
servitia
.
30.
H.
8.
B.
attornment
29.
the
end
.
Note
,
Attornment
.
59.
See
by
Whorewood
the
Kings
Attorney
;
where
a
man
Leases
for
forty
years
,
(
Quaere
,
and
see
after
.
)
And
if
a
man
Leases
for
ten
years
,
and
after
Leases
to
another
for
twenty
years
,
this
is
good
for
ten
years
without
Attornment
:
otherwise
if
there
were
a
word
of
Reversion
.
37.
H.
8.
B.
attornment
.
41.
A
man
Leases
Land
for
twenty
years
,
the
Lessee
Leases
over
for
ten
years
,
rendring
Rent
,
and
after
grants
the
Reversion
of
the
Term
,
and
Rent
to
a
stranger
,
this
shall
not
pass
without
attornment
,
by
reason
of
the
attendancie
of
the
Rent
:
otherwise
,
if
no
Rent
were
reserved
upon
the
second
Lease
for
ten
years
,
See
by
Mountague
,
Note
;
If
a
man
let
a
house
,
and
200
acres
of
Land
for
Term
of
life
:
Brown
,
Sanders
,
and
Stamphord
,
Justices
.
Yet
by
B.
Chief
Justice
,
t
is
but
a
Grant
of
a
Reversion
,
and
no
Lease
:
but
yet
the
grant
is
good
without
attornment
;
because
that
t
is
to
Commence
after
the
death
of
Tenant
for
life
,
so
that
the
Tenant
for
life
shall
not
be
attending
to
the
Grantee
,
nor
shall
he
avow
upon
him
,
nor
have
an
action
of
Waste
,
or
the
like
:
by
judgment
of
the
Court.
3.
Mar.
1.
B.
Attornment
60.
Leases
73.
Attorney
.
In
these
Cases
a
man
shall
not
make
an
Attorney
,
except
in
special
case
.
viz.
Attaint
,
Pr.
quod
redd
.
Nor
in
an
assise
;
Nec
contra
finem
levat
:
nor
in
any
case
where
the
Defendant
shall
be
imprisoned
.
Audita
querela
.
A
man
seised
of
20.
acres
,
Yet
if
the
Conusor
dies
,
and
the
Conusee
sues
Execution
against
the
heir
,
he
shall
have
Contribution
of
the
Feoffee
.
So
every
of
them
shall
have
of
the
heir
.
25.
H.
8.
B.
Audita
querela
44.
the
end
.
Averments
.
See
Tit.
Pleadings
.
Note
,
Where
a
man
pleads
a
recovery
by
a
strange
name
of
the
thing
demanded
(
B.
Averments
42.
)
as
if
a
Precipe
quod
redd
.
be
brought
of
the
Mannor
of
B.
or
the
like
,
the
Tenant
pleads
a
Fine
,
Recovery
,
or
the
like
,
of
the
Mannor
of
G.
he
ought
to
aver
that
the
one
and
the
other
,
de
predict
.
Manerio
de
B.
for
this
word
(
predict
.
)
is
in
effect
an
averment
that
all
is
one
.
Pleadings
▪
143.
)
And
where
a
man
pleads
a
Recovery
by
a
strange
name
of
the
parties
,
he
ought
to
aver
that
the
first
person
,
and
this
person
,
are
all
one
,
and
not
divers
.
Otherwise
B.
seems
where
he
pleads
it
by
this
word
predict
.
33.
H.
8.
B.
Averments
24.
T
was
said
for
Law
,
That
an
averment
is
not
necessary
in
an
avowry
.
Avowry
.
Lord
and
Tenant
by
Fealty
&
3
pence
Rent
,
the
Lord
dies
,
his
wife
is
endowed
of
the
Seigniory
;
she
may
distrain
for
1
peny
,
&
the
Heir
for
2
pence
,
&
so
now
the
Land
is
charged
with
two
distresses
,
where
it
was
charged
but
with
one
before
:
but
this
is
not
inconvenient
:
for
he
shall
pay
no
more
Rent
then
before
.
The
same
Law
where
the
Lordship
is
divided
by
partition
,
between
Heirs
Females
,
and
the
like
.
24.
H.
8.
B.
Distresse
59.
Avowry
139.
If
two
Copartners
make
partition
,
and
give
notice
to
the
Lord
,
he
ought
to
make
several
avowries
.
Conusans
de
Droit
com
.
Ceo.
&c.
but
if
a
man
recover
against
the
Tenant
,
or
if
the
Tenant
is
deseised
,
the
disseisor
dies
seised
,
and
his
heir
is
in
by
discent
,
so
that
the
entry
of
the
disseisee
is
taken
away
,
the
avowry
shall
be
changed
without
notice
.
The
same
law
,
if
the
Tenant
make
a
Feoffment
,
Ideo
caveatur
inde
.
29.
H.
8.
B.
avowry
111.
146.
In
a
Replevin
,
if
the
Defendant
avows
because
that
A.
was
Lord
,
and
was
seised
by
the
hands
of
B.
then
Tenant
,
&c.
of
such
servises
,
he
may
convey
the
estate
of
the
said
B.
in
the
Tenancy
to
the
Plaintiff
in
the
Replevin
,
que
estate
,
without
shewing
how
,
but
he
cannot
convey
to
himself
of
the
said
A.
in
the
Seigniory
by
a
que
estate
,
without
shewing
how
;
for
the
Seigniory
is
there
in
demand
,
and
not
the
Tenancy
:
34
:
H.
8.
B.
avowry
7.
que
estate
2.
the
end
.
Note
,
That
he
which
avows
upon
the
Land
,
as
within
his
Fee
or
Seigniory
,
by
the
Statute
shall
aleadge
a
seisen
,
as
in
other
avowry
;
and
then
shall
conclude
his
avowry
upon
the
land
,
as
within
his
Fee
and
Seigniory
:
and
in
such
avowry
,
every
Plaintiff
in
the
Replevin
(
be
he
Termor
or
other
)
may
have
every
answer
to
the
avowry
;
as
to
traverse
the
Seisen
,
the
Tenure
,
and
the
like
,
which
are
a
good
answer
in
an
avowry
:
or
plead
a
release
,
or
the
like
,
as
Tenant
of
the
Free
hold
shall
,
though
he
be
a
stranger
to
the
avowry
;
for
such
avowry
is
not
made
upon
any
person
certain
;
therefore
every
one
is
a
stranger
to
this
avowry
:
and
so
the
Plaintiff
may
have
every
answer
which
is
sufficient
34.
H.
8.
B.
Avowry
113.
'T
was
agreed
that
to
say
,
avowrie
122.
'T
was
holden
by
the
Justices
of
both
Benches
,
That
where
a
man
holds
by
Rent
and
Knights
service
,
and
the
Lord
and
his
ancestors
have
been
alwaies
seised
of
the
Rent
,
Note
,
avowry
107.
)
Also
where
a
man
brings
an
action
real
,
or
mixt
;
or
makes
avowry
,
or
Conusance
,
and
issue
is
taken
upon
the
seisin
infra
tempus
Statuti
,
and
t
is
found
against
the
Demandant
,
Plaintiff
,
or
Avowant
;
this
is
peremptory
by
the
same
Statute
.
1.
M.
1.
B.
Peremptory
78.
Averment
is
not
necessary
in
an
Avowry
.
See
Tit.
Averment
.
Cerciorari
.
T
Was
agreed
in
Chancery
,
That
there
is
no
Certiorari
in
the
Register
to
remove
a
Record
out
of
a
Court
into
the
Common
Bench
immediatly
,
but
it
shall
be
certified
in
the
Chancery
by
Surmise
,
then
to
be
sent
into
the
Common
Bench
by
Mittimus
.
And
indictments
may
be
removed
out
of
the
Countrey
by
Cerciorari
to
the
Chancery
,
Kings
Bench
by
Mittimus
,
and
then
they
shall
proceed
upon
it
.
36.
H.
8.
B.
Certiorari
20.
the
end
.
Certificate
of
the
Bishop
.
'T
was
holden
that
if
the
Bishop
certifies
that
such
a
person
paid
not
his
Tenths
,
Time
H.
8.
B.
Certificate
devesque
31.
the
end
.
Challenge
.
Note
by
the
Exchequer
,
In
Treason
t
is
a
good
challenge
to
witnesses
,
to
say
that
he
was
one
of
his
accusers
(
b.
Corone
219.
)
And
note
,
that
by
the
Statute
of
33.
H.
8.
a
peremptory
challenge
is
ousted
in
case
of
high
Treason
:
Queen
Mary
,
t
is
enacted
,
That
all
tryals
of
Treason
shall
be
according
to
the
order
of
the
Common
Law
,
and
not
otherwise
.
And
therefore
it
seems
that
he
may
have
a
challenge
peremptory
,
as
at
Common
Law
.
S.
35.
Jurors
.
4.
M.
1.
B.
Challenge
217.
Trials
151.
the
end
.
Where
a
Grant
of
the
Bishop
,
or
charge
by
him
,
with
the
assent
of
the
Dean
and
Chapter
,
shall
binde
the
successor
,
and
where
not
?
See
Tit.
Confirmation
.
Charters
of
Pardon
.
Note
,
Charters
of
Pardon
52.
Note
,
if
alienation
without
licence
be
pardoned
by
Act
of
Parliament
,
the
party
may
enter
without
Ouster
l'main
;
or
amoveas
manum
.
Otherwise
by
another
pardon
,
by
letters
Pattents
.
29.
H.
8.
B.
Charters
of
Pardon
53.
If
intrusion
by
the
heir
,
Charters
of
Pardon
54.
Chattels
.
If
Lessee
for
years
devise
his
Term
,
Chattels
23.
Done
57.
)
And
so
B.
seems
if
they
be
forfeit
in
his
life
,
he
in
remainder
hath
no
remedy
.
33.
H.
8.
B
Done
.
57.
the
end
.
Choice
in
Action
.
Thing
in
Action
.
Note
,
where
the
Statute
of
31.
H.
8.
gives
to
the
King
the
possessions
of
Abbies
,
That
the
King
shall
be
in
possession
.
Yet
by
B.
this
seems
,
that
he
shall
be
in
such
possession
as
the
Abbot
was
.
S.
of
a
thing
of
which
the
Abbot
had
possession
,
the
King
hath
of
this
actual
possession
:
&
of
such
of
which
the
Abbot
had
but
a
cause
of
entry
,
or
right
in
action
;
of
these
the
King
shall
be
vested
of
a
Title
of
entry
,
and
Title
of
action
.
But
the
thing
to
which
he
hath
such
cause
of
entry
,
or
of
action
,
is
not
for
this
in
him
in
possession
:
and
therefore
cannot
pass
from
the
King
by
general
words
;
but
B.
seems
,
if
the
King
recites
the
diseisen
,
and
how
the
right
and
action
thereof
is
given
to
him
by
the
Statute
,
and
grants
it
specially
that
t
is
good
.
33.
H.
8.
B.
Choice
in
Action
14.
'T
was
said
for
Law
,
Abbies
.
31.
H.
8.
)
These
things
in
action
the
King
cannot
grant
.
Yet
by
B.
see
if
there
be
not
words
in
this
Statute
,
to
put
the
King
in
possession
,
though
the
Abbot
were
put
to
his
action
.
33.
H.
8.
B.
Pattents
98.
Clergy
.
No
man
shall
have
his
Clergy
but
where
his
life
is
in
jeopardie
:
and
therefore
not
in
petty
larceny
.
And
the
Bishop
is
Ordinary
:
all
Priests
,
Abbots
,
and
others
inferior
to
him
,
which
demand
Clergy
,
or
have
Clergy
:
and
if
the
Bishop
hath
his
Clergy
,
the
Metropolitan
shall
keep
him
,
as
his
Ordinary
:
and
if
the
Metropolitan
offend
,
and
hath
his
Clergy
,
the
King
shall
have
him
and
keep
him
:
the
same
is
of
Laps
.
Reading
B.
Clergy
19.
Corone
183.
Note
,
That
at
this
day
Bigamus
shall
have
his
Clergy
by
the
Statute
:
but
a
man
attainted
of
Heresie
shall
not
:
(
B.
Clergie
20.
)
And
if
a
man
who
is
captus
oculis
prayes
his
Clergy
,
he
shall
have
it
if
he
can
speak
latine
congruously
.
Quaere
,
for
he
cannot
be
a
Priest
,
nor
he
cannot
Minister
.
Casus
B.
clergie
21.
A
Bastard
shall
have
his
Clergy
;
for
he
may
be
a
Priest
by
licence
.
Casus
B.
clergie
22.
Colour
.
Note
,
Commission
.
Note
,
And
where
a
man
learned
in
the
same
Law
is
put
in
Commission
,
and
after
is
made
Serjeant
at
Law
,
yet
he
remains
in
authority
by
the
same
Commission
.
And
when
a
Justice
of
the
Bench
is
made
Knight
,
yet
he
remains
Justice
,
and
this
Commission
shall
serve
him
.
36.
H.
8.
B.
Commissions
22
:
Note
,
As
of
a
Commission
of
the
Peace
where
there
is
a
former
Commission
thereof
to
others
,
this
is
contrary
that
every
of
them
should
be
Commissioners
of
one
and
the
same
thing
,
and
both
in
force
.
And
the
Commission
of
Gaole
Delivery
,
is
onely
to
deliver
the
Gaole
.
Commission
of
Oyer
and
Terminer
,
hath
words
ad
inquirendam
audiendam
,
&
determinandam
.
But
most
commonly
the
Justices
of
Gaol
delivery
are
also
in
the
Commission
of
the
Peace
,
and
by
this
they
indict
,
and
after
deliver
the
Gaol
as
well
of
them
,
as
of
others
.
And
note
,
That
the
Justices
of
Oyer
and
Terminer
,
cannot
by
this
authority
arraign
no
Prisoners
,
but
those
which
are
indicted
before
them
:
but
contrary
,
if
they
have
Commission
of
Gaol
delivery
also
,
for
these
both
may
be
executed
simul
&
semel
3.
M.
1.
B.
Commission
24.
If
a
Justice
of
the
Common
Bench
be
made
Justice
of
the
Kings
Bench
,
though
that
it
be
intended
but
Pro
illa
vice
:
as
t
was
of
Sir
James
Dier
this
year
;
yet
this
shall
determine
his
pattent
of
the
Common
Bench
,
though
he
surrenders
the
Pattent
of
the
Kings
Bench
the
next
day
:
for
the
Kings
Bench
is
the
highest
Court
:
and
if
the
Common
Bench
erre
,
this
shall
be
controlled
by
the
Kings
Bench.
And
therefore
a
man
cannot
be
Judge
of
the
one
Bench
,
and
the
other
together
to
reverse
his
own
judgement
.
And
as
often
as
a
Justice
of
the
Common
Bench
,
is
made
Justice
of
the
Kings
Bench
(
as
it
hath
been
often
seen
)
the
Commission
of
the
Common
Bench
by
this
is
determined
:
de
banco
regis
,
may
be
a
Justice
in
Oyer
,
or
of
Oyer
and
Terminer
,
or
of
Peace
,
or
of
Gaol
delivery
;
and
yet
if
they
err
in
their
pleas
in
the
Oyer
,
or
Oyer
and
Terminer
,
or
in
their
Proces
,
or
outlawry
before
Justice
of
Peace
,
Writ
of
Error
lies
thereof
before
the
King
in
his
Bench.
But
the
Pleas
in
the
King
Bench
are
holden
coram
rege
ubicunque
fuerit
in
Anglia
,
and
so
the
Kings
Bench
,
is
a
Court
removable
:
and
by
the
Statute
the
Common
Pleas
teneatur
in
loco
certo
,
M.
1.
B.
Commissions
25.
Where
a
Justice
of
Peace
is
made
Knight
,
Gommon
Bench
made
Knight
,
his
Commission
remains
in
force
.
1.
E.
6.
c.
7.
B.
Commission
4.
If
the
King
grant
to
a
Major
and
Commonalty
,
and
their
successors
to
be
Justices
of
Peace
in
their
Town
,
and
after
makes
a
Commission
of
the
Peace
to
another
there
,
yet
the
first
Commission
shall
remain
in
force
;
because
that
t
is
a
grant
to
them
,
and
their
successors
,
and
so
not
revocable
as
a
Commission
is
.
(
B.
Commission
5.
)
If
a
new
Commission
of
the
Peace
be
proclaimed
,
or
read
in
full
County
,
the
ancient
Commission
of
the
Peace
is
determined
.
And
all
the
Justices
ought
to
take
notice
,
and
if
they
sit
by
the
ancient
Commission
,
all
they
do
is
void
.
And
if
a
Commission
be
directed
to
A.
and
B.
who
are
not
in
rerum
natura
,
or
are
dead
at
the
time
of
the
Teste
,
&c.
The
ancient
Commission
remains
in
Force
,
for
this
new
Commission
is
void
.
If
a
Commission
be
directed
to
N.
pro
hac
vice
,
this
shall
determine
the
ancient
Commission
of
these
matters
.
And
yet
the
new
Commissioners
cannot
sit
but
Vnica
vice
.
(
B.
Commission
6.
)
If
a
commission
be
directed
to
hear
and
determine
Felonies
,
this
shall
determine
the
ancient
commission
of
the
Peace
,
as
to
Felonies
,
but
not
as
to
the
Peace
:
and
so
determined
in
part
,
in
part
not
,
(
B.
Commission
7.
)
commission
in
Eyer
is
made
to
the
county
of
N.
and
Proclamation
there
,
this
determins
the
Commission
of
the
Peace
.
(
B.
commission
8.
)
Commission
of
the
Peace
is
in
the
county
of
N.
and
the
Kings
Bench
comes
there
,
this
shall
not
determine
the
Commission
of
the
Peace
:
contrary
,
if
they
make
Proclamation
of
the
coming
of
the
Kings
Bench
(
B.
commission
9.
)
Commission
of
the
peace
is
made
to
4.
in
the
County
of
N.
and
after
the
King
makes
I.
S.
Justice
of
Peace
there
for
term
of
his
life
;
the
first
Commission
is
determined
.
(
B.
Commission
10.
)
If
Justices
sit
by
Commission
,
and
do
not
adjourn
it
,
the
Commission
is
determined
.
And
when
a
Commission
of
Oyer
and
Terminer
is
determined
,
the
Records
of
that
shall
be
sent
into
the
Kings
Bench
;
but
Records
of
the
Justices
of
Gaol
delivery
,
shall
remain
with
the
Custos
rotulorum
of
the
County
.
And
the
next
Justices
of
Gaol
delivery
shall
proceed
upon
them
,
upon
judgement
of
death
by
the
said
Statute
.
Quaere
,
if
they
should
proceed
by
the
words
to
allowance
of
Clergie
,
or
Sanctuary
,
it
seems
so
,
by
the
equity
.
B.
Commissions
11.
Conditions
.
Debt
upon
an
Obligation
,
with
a
condition
to
perform
all
covenants
contained
in
certain
Indentures
;
Prothonotaries
,
20.
H.
8.
B.
conditions
2.
If
a
man
devise
20.
l.
to
W.
S.
to
be
paid
in
four
years
after
his
death
,
and
dies
,
and
after
the
Devisee
dies
within
the
four
years
,
yet
the
Executor
of
the
Devisee
shall
have
the
Money
,
or
the
rest
of
it
by
suit
before
the
Ordinary
in
the
court
Spiritual
;
for
t
is
a
duty
by
the
Testament
,
or
devise
.
24.
H.
8.
B.
Devise
27.
45.
conditions
187.
By
Fitz.
But
if
a
woman
give
land
to
a
man
for
to
marry
her
,
H.
8.
B.
condition
188.
tenures
53.
If
a
man
Mortgage
his
land
to
W.
N.
upon
condition
that
if
the
Mortgager
,
and
I.
S.
repay
100
l.
by
such
a
day
,
that
he
shall
re-enter
,
and
he
dies
before
the
day
,
but
I.
S.
paies
by
the
day
,
the
condition
is
performed
;
and
this
by
reason
of
the
death
of
the
Mortgager
,
By
many
,
non
performance
.
31.
H.
8.
B.
conditions
191.
If
a
man
be
bound
in
a
bond
to
pay
20
l.
the
Obligor
in
whose
discharge
the
condition
goes
,
B.
conditions
192.
A
man
gives
land
in
Tail
,
Extinguishment
49.
conditions
193.
Debt
upon
an
obligation
,
condition
198.
covenant
35.
)
And
where
in
a
Covenant
the
Defendant
saies
,
that
the
covenants
are
that
he
shall
pay
10
l.
by
such
a
day
,
and
infeoff
him
by
the
same
day
quas
quidem
conventiones
idem
defensoris
bene
perimplevit
,
this
is
no
good
plea
;
for
he
must
shew
in
certain
how
he
hath
performed
it
.
33.
H.
8.
B.
covenants
35.
the
end
.
Note
for
Law
,
That
Proviso
semper
put
on
the
part
of
the
Lesse
upon
the
words
of
Habendum
,
Proviso
semper
,
That
the
Lessor
shall
finde
the
great
Timber
,
this
is
no
condition
.
Nor
by
some
tis
no
condition
when
it
comes
amongst
other
covenants
on
the
part
of
the
Lessee
,
as
t
is
covenanted
after
the
Habendum
,
and
after
the
Reddendum
,
That
the
Lessee
shall
scowre
the
ditches
,
or
the
like
:
Proviso
semper
,
That
the
Lessee
shall
carry
the
Dung
from
it
to
such
a
field
;
this
is
no
condition
to
forfeit
the
Lease
for
not
doing
of
it
:
contrary
,
if
such
proviso
be
put
imediately
after
the
habendum
,
conditions
195.
35.
H.
8.
If
a
man
Mortgage
his
land
upon
defeisance
of
repayment
to
re
enter
,
and
the
bargain
to
be
void
:
and
the
vendee
Leases
the
Land
to
the
vendor
for
ten
years
by
Indenture
of
defeisance
;
and
further
grants
to
him
,
That
if
he
paies
100
l.
infra
terminum
dict.
10
annorum
,
that
then
the
sale
shall
be
void
,
&c.
and
the
Lessee
surrenders
the
Term
,
yet
the
tender
of
the
100
l.
is
good
within
the
ten
years
;
because
that
the
ten
years
is
certain
,
though
the
lease
is
surrendred
or
forfeited
.
Otherwise
,
if
it
were
to
repay
infra
terminum
predict
.
ten
years
;
for
in
the
one
case
the
Term
,
S.
the
Lease
is
the
limitation
of
payment
,
and
in
the
other
case
the
ten
years
,
by
Whorewood
in
his
Reading
in
the
Lent
.
(
B.
conditions
203.
Defeasans
18.
)
The
same
law
if
B.
holds
certain
land
for
term
of
ten
years
of
A.
and
t
is
covenanted
betwixt
A.
and
B.
That
if
B.
pay
100
l.
to
A.
within
the
said
ten
years
,
that
then
he
shall
be
seised
to
the
use
of
B.
in
Fee
,
and
B.
surrenders
his
term
to
A.
and
after
payes
him
100
l.
within
the
ten
years
,
there
B.
shall
have
Fee
;
for
the
years
are
certain
:
otherwise
,
where
t
is
covenanted
,
That
if
he
payes
100
l.
infra
terminum
predict
.
and
he
surrenders
,
and
after
payes
the
100
l.
this
is
nothing
worth
;
for
the
Term
is
determined
:
but
in
the
other
case
the
ten
years
remain
,
notwithstanding
the
surrender
.
35.
H.
8.
B.
Exposition
,
44.
T
was
holden
clear
in
the
Kings
Bench
that
where
M.
and
other
two
are
bound
to
stand
to
the
award
of
I.
N.
so
that
it
be
made
and
delivered
by
the
Arbitrators
in
writing
to
the
parties
before
Michaelmas
,
they
make
the
award
,
and
deliver
it
to
one
by
Michaelmas
,
T
is
said
by
the
Court
in
the
Kings
Bench
:
in
Debt
upon
an
obligation
to
keep
without
dammage
,
S.
harmless
,
where
the
Defend
.
pleads
that
he
hath
saved
him
harmless
,
t
is
no
plea
without
shewing
how
;
for
he
which
pleads
a
discharge
,
or
saving
harmless
,
ought
to
plead
it
certain
when
he
pleads
in
the
affirmative
.
Otherwise
,
where
he
pleads
in
the
negative
;
for
if
the
Plaintiff
be
not
dempnified
,
he
may
plead
quod
non
damnificatus
est
generally
37.
H.
8.
B.
conditions
16.
198.
in
finibus
.
If
a
man
be
bound
in
an
Obligation
to
pay
10
l.
to
the
obligee
at
Paris
beyond
Sea
,
at
a
certain
day
,
if
the
Obligor
pay
at
another
place
,
and
the
same
day
in
England
,
and
the
other
accepts
it
,
t
is
good
clearly
.
(
B.
conditions
206.
)
And
t
is
said
in
debt
upon
an
obligation
to
acquit
&
save
without
damage
,
quod
non
damnificatus
est
,
is
a
good
plea
,
for
t
is
in
the
negative
,
and
therefore
good
without
shewing
how
,
but
where
he
pleads
,
that
he
hath
kept
him
without
dammage
in
the
affirmative
,
he
shall
shew
how
.
38.
H.
8.
B.
Conditions
.
93.
the
end
.
If
a
man
let
land
for
term
of
life
upon
condition
,
M.
1.
B.
Conditions
.
245.
the
end
.
Confess
,
and
avoid
.
Replevin
,
the
defendant
said
that
B.
was
seised
in
fee
and
leased
to
E.
for
40
years
,
which
E.
granted
his
interest
to
the
defendant
.
38.
H.
8.
by
which
he
was
possessed
,
and
distrained
for
damage
feasant
,
the
plaintiff
said
that
the
same
E.
28.
H.
8.
granted
his
interest
to
him
,
he
shall
not
traverse
the
Grant
.
38.
for
hee
hath
confessed
and
avoided
it
,
by
the
eldest
grant
obtained
.
2.
E.
6.
B.
Confess
and
avoid
:
65.
Confirmation
.
Bishop
charges
,
or
grants
an
office
with
the
assent
of
the
Deane
and
Chapter
,
and
dyes
,
this
is
worth
nothing
,
by
some
,
for
it
ought
to
be
confirmed
by
the
Dean
and
Chapter
;
And
this
fell
out
in
the
grant
of
the
Stewardship
of
the
Bishop
of
London
,
betwixt
Aldred
Fitzjames
,
and
John
Edmunds
of
the
middle
Temple
,
where
the
Bishop
granted
the
Stewardship
of
his
lands
to
A.
F.
by
the
assent
of
the
Dean
and
Chapter
,
and
died
,
by
which
the
grantee
lost
the
office
,
as
t
is
said
,
because
the
Dean
and
Chapter
had
not
confirmed
it
,
yet
more
was
in
the
grant
of
the
Bishop
,
as
Misnosmer
,
and
the
like
,
for
the
said
A.
F.
was
named
Etheldredus
,
where
it
should
be
Aldredus
,
and
so
he
was
misnamed
.
Also
there
was
a
default
in
the
Seale
(
B.
Charge
58.
Confirmation
.
30
)
And
also
the
Deed
was
Quod
sigillum
nostrum
apposuimus
,
which
may
bee
referred
to
the
Bishop
onely
,
and
not
to
the
Bishop
,
Dean
and
Chapter
:
And
therefore
by
more
,
to
this
day
the
grant
was
avoided
for
these
causes
,
and
not
for
the
other
cause
;
and
so
a
grant
with
assent
of
the
Dean
and
Chapter
,
with
all
perfections
is
good
.
33.
H.
8.
B.
Confirmation
.
30.
the
end
.
If
the
bishop
be
patron
,
and
the
parson
makes
a
lease
or
grant
by
deed
,
(
33.
H.
8.
B.
Confirmation
.
21
:
Charge
.
40.
Leases
.
Note
,
that
if
the
King
for
him
and
his
heires
grants
Catalla
felonum
&
fugitivorum
,
or
the
like
,
which
lie
in
grant
,
and
dies
,
the
grantee
needs
no
confirmation
of
the
new
King
.
But
if
it
be
a
fair
,
or
market
,
or
the
like
,
and
t
is
abused
or
misused
,
as
it
may
be
,
or
if
it
be
a
judicial
,
or
ministerial
office
or
power
,
as
to
be
a
Justice
of
peace
,
Escheator
,
Confirmation
.
19.
&
29.
)
yet
B.
seems
that
the
grant
of
a
thing
which
lies
in
grant
,
is
good
clearly
,
without
these
words
,
for
him
and
his
heires
;
But
of
warranty
,
covenant
,
Annuity
,
or
the
like
,
there
he
ought
to
make
it
for
him
and
his
heirs
.
33.
H.
8.
B.
Confirmation
.
19.
Conscience
.
If
a
man
buyès
land
,
Subpaena
.
32.
H.
8.
B.
Conscience
25.
Audely
,
Time
H.
8.
B.
Conscience
.
25.
the
end
.
Continuances
.
Note
,
that
in
the
common
recoveries
by
sufferance
,
for
assurances
,
the
Tenant
tenders
issue
,
the
demandant
may
imparle
to
a
day
in
the
same
terme
,
and
then
the
Tenant
is
demandant
,
and
retracts
,
and
judgement
is
given
for
the
demand
:
against
him
,
and
after
the
Tenant
over
in
value
upon
the
vouchee
,
&c.
Regulae
.
22.
H.
7.
B.
Continuances
69.
Contract
.
A
man
sells
a
lease
of
land
,
H.
8.
B.
Contract
35.
If
a
man
be
indebted
to
me
upon
contract
,
and
after
makes
to
me
an
obligation
for
the
same
debt
,
the
contract
by
this
is
determined
,
for
in
debt
upon
the
contract
,
t
is
a
good
plea
,
that
he
hath
an
obligation
for
the
same
debt
.
So
if
the
obligation
be
made
for
parcell
of
the
contract
,
which
is
intire
.
B.
Contract
29.
Corone
,
Crown
.
Note
,
Corone
.
199.
Note
,
that
at
the
Sessions
at
Newgate
,
a
man
was
judged
to
be
hanged
,
and
delivered
to
the
Sheriff
to
make
execution
,
and
after
escapes
,
and
flees
to
the
Church
:
and
had
the
priviledg
of
it
.
22.
H.
8.
B.
Corone
.
1
10.
the
end
.
Note
,
H.
8.
B.
Corone
.
196.
T
is
said
,
where
a
woman
is
arraigned
,
and
adjudged
to
be
hanged
,
or
burnt
,
according
to
the
Crime
,
and
because
that
she
is
with
childe
,
Execution
is
respited
untill
shee
bee
delivered
,
H.
8.
B.
Corone
.
97.
A
man
steals
goods
in
one
County
,
H.
8.
B.
Corone
.
170.
Note
,
H.
8.
B.
Corone
.
171.
A
man
shall
not
plead
that
the
dead
assaulted
him
,
and
in
his
own
defence
,
&c.
but
not
guilty
in
an
appeal
,
and
give
it
in
evidence
,
and
murder
cannot
be
justified
.
See
Tit.
Appeal
.
Note
,
Time
.
H.
8.
B.
Corone
.
228.
Note
,
by
all
the
Justices
,
that
if
a
man
be
indicted
of
felony
,
H.
8.
the
King
dies
,
he
shall
be
arraigned
for
it
in
the
time
of
E.
6.
But
by
some
this
indictment
shall
be
removed
by
Cerciorari
from
the
antient
custos
Rotulorum
,
and
put
to
the
new
commissioners
.
1.
E.
6.
B.
Corone
.
177.
Note
,
Corone
.
178.
Oyer
and
Terminer
.
2.
)
But
indictments
taken
before
Justices
of
Gaol
delivery
,
and
not
determined
,
shall
be
delivered
to
the
Clerk
of
the
peace
,
E.
6.
B.
Corone
.
178.
Note
,
Burglary
shall
not
be
judged
,
but
where
there
is
breaking
of
a
house
by
night
.
And
by
the
Justices
,
where
the
principall
and
accessarie
are
arraigned
,
E
,
6.
B.
Corone
.
184.
A
man
is
indicted
as
accessary
to
a
felony
,
and
acquitted
,
and
after
is
indicted
of
the
same
felony
,
as
principal
,
he
shall
be
arraigned
and
hanged
,
notwithstanding
the
acquittal
as
accessary
.
And
so
was
Thomas
Knightly
first
indicted
and
arraigned
as
accessary
of
I.
S.
and
acquitted
,
and
after
was
indicted
of
the
same
murder
as
principal
,
and
arraigned
of
it
again
.
4.
E.
6.
B.
Corone
.
185.
A
woman
took
the
Church
for
felony
,
and
abjured
the
Kingdome
.
6.
E.
6.
B
▪
Corone
.
213.
Note
,
de
Anno
25.
E.
3
:
there
needs
no
accusers
at
the
trial
,
because
that
't
is
enacted
by
the
Statute
of
2.
M.
1.
cap.
10.
That
all
trials
of
Treasons
,
shall
be
by
the
order
of
the
common
Law
onely
,
&
non
aliter
.
And
the
common
trial
by
common
Law
,
is
by
Jurie
,
and
by
witness
,
and
by
no
accusers
.
And
the
same
Law
of
Treason
of
coyning
,
that
accusers
need
not
at
the
arraignment
,
but
at
the
indictment
ut
supra
onely
.
But
for
all
treasons
done
by
the
said
Act
of
2.
M.
1.
there
ought
to
be
witnesses
,
or
accusers
,
as
well
at
the
indictment
,
as
at
the
arraignment
,
according
to
an
Article
contained
in
the
said
Statute
,
in
Fine
.
And
for
misprision
of
treason
there
ought
to
be
witnesses
,
E.
6.
cap.
12.
the
end
,
for
the
said
Statute
of
Q.
Mary
,
doth
not
restrain
accusers
at
the
trial
,
but
only
in
cases
of
treason
,
and
not
for
misprision
.
And
t
was
agreed
that
petty
treason
ought
to
be
tried
as
high
treason
,
S.
by
accusers
by
indictment
;
But
at
the
trial
there
needs
not
accusers
,
And
at
this
resolution
,
wer
Sir
William
Portman
chief
Justice
,
Mr.
Hare
Master
of
the
Rolls
,
Sir
Robert
Brook
,
Sir
David
Brook
,
Sir
Humfrey
Brown
,
Sir
John
Whiddon
,
Sir
Edward
Saunders
,
Sir
William
Stampforde
,
and
Master
Dalyson
,
Justices
,
Dyer
Serjant
,
and
Griffine
,
and
Cordell
Attorney
and
Soliciter
.
And
t
was
agreed
,
that
Counsellers
who
give
evidence
against
Traytors
,
are
not
accusers
.
And
by
the
Civill
Law
,
accusers
are
as
parties
,
and
not
witnesses
,
for
witnesses
ought
to
be
indifferent
,
and
not
come
till
they
are
called
,
but
accusers
offer
themselves
to
accuse
,
for
t
is
a
good
challenge
to
witnesses
,
to
say
,
that
he
was
one
of
his
accusers
.
4.
M.
1.
B.
Corone
.
219
,
'T
was
said
for
Law
,
Manningt
'
.
and
another
were
indicted
of
felony
in
the
high
way
in
the
County
of
Bedford
,
for
robbery
of
one
Edward
Keble
Clerk
with
daggs
,
&
the
indictment
and
the
body
were
removed
into
the
Kings
Bench
,
and
there
they
were
arraigned
,
and
pleaded
not
guilty
to
the
countrey
,
and
were
tried
.
But
after
a
writ
was
sent
with
the
body
into
the
countrey
with
Nisi
prius
to
trie
them
in
the
county
of
Bedford
.
And
this
is
a
common
course
,
so
to
remove
the
body
and
the
Record
out
of
the
Kings
Bench
to
the
countrey
again
.
4.
M.
1.
B.
Corone
.
230.
A
man
takes
Church
,
and
the
Coroner
comes
to
him
,
Westm'
.
Knoll
,
and
the
like
,
for
this
may
hold
him
for
term
of
life
,
except
in
case
where
a
Statute
changes
it
(
B.
Corone
180.
Sanctuary
.
11.
)
But
if
he
will
abjure
within
the
40
days
,
the
Coroner
shall
give
him
a
certaine
day
to
doe
it
.
(
B.
Corone
supra
.
)
None
shall
take
priviledg
of
the
church
,
except
that
he
be
in
danger
of
his
life
(
B.
Corone
.
181.
)
Nor
none
shall
have
the
priviledg
of
Sanctuary
except
he
in
periculo
vitae
.
And
note
that
Sanctuary
cannot
have
a
lawful
commencement
,
Nisi
pro
vita
hominis
,
as
for
treason
,
felony
,
or
the
like
;
and
not
for
debt
,
therefore
where
a
grant
,
or
prescription
is
to
have
Sanctuary
for
debt
,
t
is
worth
nothing
,
for
t
is
against
the
Law
.
But
if
his
body
were
in
execution
,
and
he
escapes
,
and
comes
to
a
Sanctuary
ordained
for
safeguard
of
the
life
of
a
man
,
he
shall
enjoy
it
,
for
by
long
imprisonment
his
life
may
be
in
jeopardy
.
And
if
the
church
be
suspended
for
bloodshed
,
yet
he
which
takes
the
church
for
felony
,
shall
enjoy
it
by
40
daies
(
B.
Sanctuary
supra
.
)
There
are
two
manner
of
Sanctuaries
.
S.
private
,
as
Westminster
Knoll
,
and
the
like
.
And
general
sanctuaries
,
as
every
church
(
B.
Corone
.
181.
the
end
.
)
Abjuration
for
felony
,
discharges
all
felonies
done
before
the
abjuration
.
A
man
cannot
abjure
for
petty
larceny
,
but
for
such
felonies
for
which
he
shall
suffer
death
.
Lecture
B.
Corone
.
182.
Note
,
Corone
.
203.
)
Corporations
.
Note
,
By
Fitz.
●f
the
Abbot
and
Covent
sel
all
the
lands
and
the
Abby
,
H.
8.
B
,
Corporations
.
78.
See
Tit
Extinguishment
.
The
King
makes
a
Duke
or
Earl
,
E.
6.
B.
Corporations
.
89.
Costes
.
Note
,
Quare
impedit
.
22.
H.
8.
B.
costes
.
25.
Note
,
H.
8.
B.
Dammages
200.
costs
32.
T
was
said
,
M.
1.
B.
costs
23.
Covenant
.
Where
an
assignee
shall
be
charged
with
the
Covenant
of
his
Grantor
.
See
Tit.
Assignee
.
Plea
of
Covenants
perform
generally
,
without
shewing
how
,
is
no
good
plea
,
See
Tit.
conditions
.
T
is
said
by
the
Justices
,
That
a
Writ
of
Covenant
lies
upon
an
Indenture
,
Coverture
.
Note
,
coverture
59.
76.
the
end
.
)
Nor
a
Fine
,
Statute
,
nor
Deed
enrolled
,
shall
not
be
suffered
by
an
Infant
.
32.
H.
8.
B.
coverture
59.
the
end
.
Count.
Precipe
quod
reddat
against
Tenant
for
life
,
who
prays
in
aid
of
him
in
reversion
,
who
appears
gratis
,
and
joyns
in
aid
;
and
the
Demandant
counts
de
Nono
against
the
Tenant
,
and
the
Prayee
,
and
they
vouch
the
common
Voucher
,
and
suffer
recovery
for
assurance
.
And
yet
t
is
said
,
That
the
Priee
shall
not
have
Oyer
,
but
of
the
Count.
cusus
22.
H.
7.
B.
count
87.
Court
Baron
.
T
was
said
that
the
Lord
of
a
Mannor
cannot
hold
Court
,
Court
baron
22.
the
end
.
If
an
understeward
holds
a
Court
Baron
,
and
grants
Copy-holds
to
the
Tenants
by
Copy
of
Court
Roll
,
without
authority
of
the
Lord
,
or
high
Steward
this
is
a
good
grant
;
for
in
plena
curia
Contrary
if
he
doth
it
out
of
Court
,
without
such
authority
.
Yet
the
high
Steward
may
demise
customary
land
by
copy
out
of
Court
by
some
.
Quaere
thereof
by
B.
if
he
hath
not
a
special
authority
from
the
Lord
to
demise
.
2.
E.
6.
B.
Court
baron
22.
Tenant
by
copie
,
26.
Customs
.
Information
in
the
Exchequer
against
a
Merchant
for
lading
Wine
in
a
strange
Ship
;
the
Defendant
pleads
the
licence
of
the
King
made
to
I.
S.
to
do
it
,
which
I.
S.
had
granted
his
authority
thereof
to
the
Defendant
&
quod
habetur
consuetudo
inter
mercatores
per
totam
Angliam
:
that
one
may
assigne
such
a
licence
over
to
another
,
and
that
the
assignee
shall
enjoy
it
,
&c.
to
which
t
was
demurred
in
law
:
and
t
was
agreed
for
law
,
That
a
man
cannot
prescribe
a
custom
per
totam
Angliam
:
for
if
it
be
per
totam
Angliam
,
this
is
the
Common
law
,
and
not
a
Custom
:
contrary
,
if
the
custom
had
been
pleaded
to
be
in
such
a
City
or
County
,
as
Gavelkinde
,
Borrow-English
,
Glocest.
Fee
,
and
the
like
,
35.
H.
8.
B.
Customes
59.
Dammages
.
NOte
in
Trespass
local
,
H.
8.
B.
dammages
144.
See
Tit.
costs
.
Default
.
If
a
woman
be
received
in
default
of
her
Husband
,
Time
H.
8.
B.
default
85.
Demurrer
.
Inquisition
found
that
I.
S.
held
certain
land
of
the
King
,
ut
de
honor
suo
Gloucester
,
which
is
not
in
Capite
,
upon
which
proces
issued
against
W.
S.
who
had
intruded
,
&c.
and
to
sue
Livery
:
and
because
that
this
Tenure
is
not
in
capite
,
and
therefore
Livery
not
due
;
the
party
demurred
upon
the
record
;
for
t
is
no
cause
of
Livery
.
And
where
a
man
declares
upon
a
Statute
,
and
recites
it
otherwise
then
t
is
,
or
pleads
it
otherwise
then
t
is
,
Demurrer
in
Law
25.
Denizen
.
See
Tit.
Alien
Note
,
for
Law
,
That
where
an
Alien
born
comes
into
England
,
and
brings
his
son
with
who
was
born
beyond
Sea
,
H.
8.
B.
Denizen
9.
Deputie
.
T
is
said
that
a
Deputation
of
an
Office
which
lies
in
grant
,
ought
to
be
by
Deed
,
and
not
by
word
,
28.
H.
8.
B.
Deputy
17.
Detinue
.
By
Shelley
and
others
,
H.
8.
B.
Detinue
de
biens
1.
The
end
.
Debt
.
Where
Debt
lies
,
and
where
a
Scire
facias
?
See
Tit.
Age.
Debt
upon
Indentures
of
Covenants
:
where
the
Defendant
had
Covenanted
to
do
many
things
,
and
the
Plaintiff
the
like
,
to
do
many
other
things
,
ad
quas
quidem
conventiones
per
implendam
uterque
obligatur
alteri
in
one
hundred
pound
,
and
the
one
breaks
Covenant
,
by
which
the
other
brings
Debt
,
and
the
Defendant
pleads
payment
of
ten
pound
to
D.
which
was
all
to
which
he
was
bound
:
But
otherwise
where
all
rises
by
specialty
,
where
it
lies
in
payment
.
25.
H.
8.
B.
Debt
173.
Debt
upon
an
obligation
with
Condition
,
Administrator
of
a
Lord
brings
an
action
of
Debt
for
relief
,
And
therefore
B.
seems
that
the
action
lies
clearly
for
him
:
for
the
Defend
.
did
not
demur
:
debt
193.
Relief
11.
the
ends
.
Devise
.
Not
,
And
a
Devise
by
the
husband
to
his
Wife
is
good
,
Devise
34
:
T
was
agreed
by
all
,
I.
S.
shall
have
in
his
Land
in
date
after
the
death
of
his
Wife
,
and
dies
,
now
the
wife
of
the
Devisor
by
these
words
shall
have
the
Land
for
her
life
,
by
reason
of
the
intent
of
the
Will.
29.
H.
8.
B
devise
48.
Note
,
H.
8.
B.
devise
28.
A
man
Devises
to
two
&
heredibus
eorum
,
and
dies
;
and
after
one
of
the
Devisees
dies
,
and
the
other
survives
,
he
shall
not
have
the
intire
by
Survivor
,
but
onely
a
moytie
;
for
this
was
the
intent
of
the
Devisor
:
by
Audley
Chancellor
of
England
,
B.
devise
29.
and
by
B.
there
the
end
.
in
feodo
simplic●
,
the
devisee
hath
a
Fee
simple
.
30.
H.
8.
A
man
wills
that
his
land
Devisable
shall
be
sold
by
his
Executors
,
and
makes
four
Executors
,
and
dies
,
all
the
Executors
ought
to
sell
,
(
B.
Devise
31.
)
And
by
some
,
I.
S.
dies
,
there
the
two
Executors
that
survive
may
sel
,
for
the
time
is
not
com
til
now
,
30.
H.
8.
B.
Devise
31.
T
was
said
that
Baldwin
,
Shelley
,
and
Montague
,
Justices
,
determined
for
Law
,
That
where
a
man
hath
Feoffees
to
his
use
before
the
Statute
of
uses
made
27.
H.
8.
and
after
the
same
Statute
;
and
also
after
the
Statute
of
32.
H.
8.
of
Wills
,
he
wills
that
his
Feoffees
shall
make
an
estate
to
W.
N.
and
his
heirs
of
his
body
,
and
dies
,
that
this
is
a
good
Will
and
devise
ratione
intentionis
,
&c.
38.
H.
8.
B.
Devise
48.
the
end
.
If
a
man
devises
his
land
to
be
sold
by
his
Executors
,
Devise
36.
Entre
congeable
.
134.
the
same
Law
if
the
heir
suffer
a
Recovery
or
levies
a
Fine
.
And
the
same
law
by
some
,
where
a
man
disseises
the
heir
,
&
dies
seised
,
and
his
heir
enters
,
the
Executors
shall
sell
,
and
by
the
vendee
may
enter
;
for
he
hath
no
right
,
nor
no
action
is
given
to
him
:
for
he
hath
but
a
Title
of
entry
by
the
sale
,
and
therefore
he
may
enter
,
for
otherwise
he
hath
not
any
remedy
,
by
Hales
Justice
1.
E.
6.
B.
Devise
36.
Agreed
for
good
Law
,
Time
H.
8.
B
,
Devise
13.
the
middle
.
E.
6.
B.
Devise
13.
the
end
.
Note
if
a
man
hath
issue
3.
sons
,
and
devises
his
Lands
:
S.
one
part
to
the
two
of
his
Sons
in
Tail
,
and
another
part
to
the
third
son
in
Tail
,
and
that
none
of
them
sell
any
part
,
but
that
every
one
shal
be
heir
to
the
other
,
&
dies
,
that
in
this
case
if
one
dies
without
issue
his
part
shall
not
revert
to
the
eldest
son
;
but
shall
remain
to
the
other
son
:
for
these
words
(
That
every
one
shall
be
heir
to
the
other
)
implies
a
Remainder
;
because
that
t
is
a
Will
,
which
shal
be
intended
and
adjudged
according
to
the
intent
of
the
Devisor
.
7.
E.
6.
B.
devise
38.
Done
44.
A
man
Devises
his
Land
to
another
,
E.
6.
B.
Devise
38.
Note
,
by
Bromley
Chief
Justice
,
and
others
;
where
a
man
Devises
his
land
to
a
stranger
for
Term
of
years
,
the
Remainder
to
his
son
in
Fee
,
and
dies
;
the
son
may
waive
the
Devise
,
and
claim
by
discent
,
and
yet
he
shall
not
avoid
the
Term
:
No
more
then
where
a
man
Leases
for
years
,
and
dies
,
the
Lease
is
good
:
and
yet
the
dying
seised
is
good
also
to
toll
the
entry
,
B.
devise
41.
And
B.
seems
where
the
Father
devises
to
his
son
and
heir
in
Fee
,
that
the
heir
may
waive
the
Devise
,
and
take
himself
to
the
discent
,
(
●
.
Discent
4.
)
Contrary
,
where
the
Father
Devises
to
his
son
in
Tail
,
the
remainder
to
a
stranger
in
Fee
,
there
the
Heir
shall
not
claim
in
Fee
,
nor
waive
the
Devise
,
for
the
loss
and
prejudice
of
him
in
remainder
in
Fee
.
2.
M.
1.
B.
Devise
41.
Tenant
in
Tail
of
Land
Devisable
,
discontinues
in
Fee
,
and
retakes
in
Fee
,
and
Devises
to
a
stranger
in
Fee
,
and
dies
,
the
issue
in
Tail
is
remitted
;
for
nothing
is
discended
to
him
by
reason
of
the
Devise
,
which
Tolls
the
discent
,
except
that
the
Devisee
waives
it
.
4.
M.
1.
B.
Devise
49.
Remitter
52.
Divorce
.
What
divorce
may
Bastardize
the
issue
?
what
not
?
See
Title
Bastardie
.
Note
,
for
Law
,
That
where
the
husband
and
wife
are
divorced
where
shee
is
an
Inheritrix
;
yet
mean
acts
executed
shall
not
be
reversed
by
the
divorce
;
as
waste
,
receit
of
Rents
,
taking
of
Ward
,
presentment
to
a
Benefice
,
gift
of
goods
of
the
wife
,
otherwise
of
inheritance
,
as
if
the
husband
had
discontinued
,
or
charged
the
land
of
his
wife
,
cui
ante
Divorcium
lies
.
The
same
of
a
release
of
the
husband
,
or
Manumission
of
villains
,
H.
8.
B.
Deraignment
18.
Discent
.
If
Land
be
given
for
Term
of
life
,
Discent
59.
Done
42.
)
And
where
Land
in
Gavelkinde
is
given
to
one
for
life
,
or
in
tail
,
the
Remainder
to
the
right
heirs
of
W.
N.
who
hath
issue
4.
sons
and
dies
,
and
after
the
Tenant
for
life
,
or
the
Donee
dies
,
the
eldest
son
shal
have
the
land
,
for
he
is
right
heir
at
Common
Law
,
&
this
is
a
name
of
purchase
,
which
shall
be
ordered
by
the
Common
Law
.
But
otherwise
of
discents
to
heires
in
Gavil
kinde
,
H.
8.
B.
Discent
,
&
Done
.
42.
Nosme
.
6.
Note
,
John
Hussey
Knight
,
enfeoffed
certain
persons
in
fee
to
the
use
of
Anne
his
wife
,
for
terme
of
her
life
,
and
after
to
the
use
of
the
heirs
males
of
his
body
,
and
for
default
of
such
issue
,
to
the
use
of
the
heires
males
of
the
body
of
Sir
William
Hussey
his
father
,
and
for
default
of
such
issue
,
to
the
use
of
his
right
heires
,
and
after
had
issue
William
Hussey
the
elder
;
and
after
Sir
John
was
attainted
of
Treason
.
29.
H.
8.
and
put
to
execution
,
and
after
Anne
died
,
and
the
said
William
Hussey
the
son
prayed
an
Ouster
l'main
of
the
King
.
And
by
Whorewood
the
Kings
Attorney
he
shall
have
it
,
for
this
name
heires
males
of
the
body
,
(
B.
Nosme
.
1.
Livery
1.
Discent
.
1.
)
As
if
land
is
given
to
a
man
and
his
heires
males
of
his
body
,
and
he
hath
issue
2
sons
,
the
eldest
hath
issue
a
daughter
,
and
the
father
,
and
the
eldest
son
dies
,
the
younger
brother
shal
have
the
land
,
and
yet
he
is
not
heir
to
his
father
.
And
the
same
Law
where
land
is
given
to
a
man
,
Nosme
.
1.
40.
)
Nosme
.
1.
)
Yet
some
were
of
a
contrary
opinion
,
and
took
a
Diversity
,
Nosme
.
1.
&
40.
)
I.
S.
who
is
dead
,
and
hath
issue
a
son
and
daughter
,
and
after
the
Tenant
for
life
dies
,
the
daughter
shal
not
have
the
land
,
for
she
is
not
heir
:
for
by
Hare
Master
of
the
Rolls
an
antient
apprentice
,
there
is
a
difference
betwixt
a
gift
in
possession
to
a
man
and
his
heires
females
,
&c.
and
a
gift
to
a
stranger
,
the
remainder
to
the
heirs
females
of
another
,
for
there
he
ought
to
be
heir
indeed
when
the
remainder
falls
,
or
otherwise
the
rem'
is
void
for
ever
.
(
B.
Done
.
61.
)
for
though
that
the
case
holds
place
in
the
two
cases
put
by
Whorewood
,
this
is
because
that
the
gift
was
once
vested
which
was
in
the
father
,
and
therefore
good
law
there
,
otherwise
in
the
principall
case
,
where
the
rem'.
is
not
vested
.
Yet
by
some
the
opinion
of
Whorewood
is
the
better
,
for
where
land
is
given
to
a
man
and
his
wife
for
term
of
life
,
the
rem'
to
the
heires
males
of
the
body
of
the
man
,
this
remainder
cannot
be
vested
in
the
life
of
the
wife
,
for
t
is
not
a
tail
in
the
man
,
by
reason
of
the
estate
of
the
wife
;
yet
,
if
he
hath
issue
2
sons
,
and
the
eldest
hath
issue
a
daughter
and
dies
,
the
father
and
mother
dies
,
the
younger
son
shall
have
the
land
,
as
heir
male
,
and
yet
he
is
not
heir
indeed
;
The
same
Law
,
if
such
gift
were
,
the
rem'
to
the
heirs
females
of
the
body
of
the
man
,
who
hath
a
son
and
daughter
and
dies
,
the
daughter
shall
have
the
land
though
she
is
not
heir
;
The
same
Law
where
land
is
given
to
W.
N.
for
life
,
the
remainder
to
I.
S.
for
life
,
the
remainder
to
the
heires
males
of
the
body
of
the
said
W.
N.
who
hath
2
sons
,
the
eldest
hath
issue
a
daughter
and
dies
,
W.
N.
and
I.
S.
die
,
the
younger
son
shall
have
the
land
as
heir
male
,
yet
he
is
not
heir
indeed
,
(
B.
Nosme
.
40.
)
and
therefore
t
was
agreed
,
that
the
2
remainders
to
the
right
heires
of
Sir
John
Hussey
was
forfeited
by
the
attainder
.
37.
H.
8.
B
Nosme
.
If
land
discends
to
the
daughter
within
age
,
and
after
she
is
disseised
,
the
disseisor
dies
and
his
heir
enters
,
and
after
a
son
is
born
,
he
born
shal
avoid
the
discent
,
for
he
claims
not
as
heir
to
his
sister
,
nor
was
he
in
esse
at
the
time
of
the
discent
.
Lecture
.
B.
Discent.
40.
Discontinuance
of
Possession
.
Recovery
against
Tenant
in
tail
,
H.
8.
B.
Discontinuance
of
possession
.
32.
Note
,
Anthony
Lee
Knight
,
if
the
King
Tenant
in
tail
of
the
gift
of
another
makes
a
lease
for
years
,
or
for
life
,
and
hath
issue
and
dies
,
the
issue
may
make
another
grant
without
reciting
them
;
for
they
are
void
by
the
death
of
the
King
Tenant
in
tail
,
who
granted
,
and
the
heir
of
the
King
shall
avoid
it
,
so
that
this
shall
not
binde
but
during
the
life
of
the
grantor
,
for
a
grant
without
warranty
or
livery
,
is
no
discontinuance
,
and
the
King
upon
his
grant
doth
not
make
livery
.
And
also
every
discontinuance
is
a
wrong
,
which
the
King
cannot
do
;
the
same
law
if
he
had
granted
in
fee
,
(
B.
Patents
.
101.
Discontinuance
of
Possession
.
35.
Tail
.
39.
Leases
61.
)
And
so
see
that
the
King
may
be
Tenant
in
tail
,
for
when
a
man
gives
to
the
King
in
tail
,
he
cannot
have
a
greater
estate
then
the
donor
will
depart
with
to
him
.
38.
H.
8.
B.
Tail
.
39.
Release
no
Discontinuance
.
See
Tit.
Releases
.
Discontinuance
of
Proces
.
Note
,
that
a
Discontinuance
puts
the
party
to
a
new
originall
,
but
where
the
Parol
is
without
day
,
this
may
be
revived
by
a
re-summons
or
re-attachment
,
for
the
originall
remains
.
Regulae
.
B.
Discontinuance
of
proces
.
43.
Dismes
,
Tythes
.
T
was
said
that
if
a
Parson
demise
his
Glebe
to
a
lay
man
,
there
he
shall
pay
Tythes
;
contrary
of
the
Parson
himself
,
that
reserves
them
in
his
proper
hands
.
And
that
land
first
discharged
of
Tythes
,
shall
be
ever
discharged
of
them
.
Yet
if
he
which
hath
purchased
a
Mannor
and
Rectory
,
which
is
discharged
of
Tythes
,
Leases
part
of
his
demeanes
,
the
lessor
shall
have
Tythes
of
that
,
because
that
he
hath
the
Parsonage
.
32.
H.
8.
B
Dismes
17.
Disseisor
.
T
was
said
for
Law
,
if
A.
leases
the
land
of
I.
N.
to
me
for
years
,
H.
8.
B.
Disseis'
▪
77.
Distress
.
Where
land
shall
be
charged
with
2
distresses
by
Dower
of
part
,
and
so
of
partition
.
See
Tit.
Avowry
.
Note
,
for
Law
,
that
he
which
distrains
beasts
may
put
them
into
a
close
house
,
if
he
will
feed
them
;
for
the
distress
in
pound
overt
,
is
but
to
the
intent
,
that
the
owner
may
feed
them
.
33.
H.
8.
B.
Distress.
66.
T
was
agreed
for
Law
by
the
Justices
,
that
if
a
man
distrain
without
cause
,
the
owner
may
make
rescous
,
but
if
he
impounds
them
,
the
owner
cannnot
justifie
the
breaking
of
the
pound
,
and
taking
them
out
,
for
they
are
in
Custodia
Legis
.
4.
E
6
B.
Distress
74.
Rescous
.
12.
the
end
.
Done
,
Gift
.
Devisee
for
life
of
a
Chattell
,
the
remainder
over
,
Tit.
Chattells
.
T
is
said
for
Law
,
that
if
a
man
gives
omnia
terras
&
tenementa
sua
in
D
by
this
leases
for
years
do
not
pass
,
for
these
words
lands
and
tenements
shall
be
intended
free
hold
at
least
.
37.
H.
8.
B.
Done
.
41.
The
difference
betwixt
a
gift
in
Remainder
,
Heredibus
masculis
de
corpore
&
rectis
Heredibus
.
See
Tit.
Discent
.
T
was
granted
by
Shelly
Justice
,
E.
6.
B.
Done
.
16.
the
middle
.
If
a
man
gives
or
grants
omnia
bona
sua
,
leases
for
years
,
nor
award
,
shall
not
pass
,
for
they
are
Chattels
reals
.
And
B.
seems
that
a
grant
of
Prox'
present
.
Ecclesiae
unica
vice
is
a
Chattell
,
&
non
bona
,
for
bona
are
goods
moveable
,
living
and
dead
,
but
not
Chattels
.
4.
E.
6.
B.
Grants
.
51.
Done
.
43
:
Dower
.
A
woman
shall
not
be
endowed
of
a
rent
reserved
upon
a
lease
of
her
husband
for
term
of
life
,
Dower
:
89.
Note
,
by
the
Justices
,
by
the
Statute
where
a
man
makes
his
wife
joynt
purchaser
with
him
after
the
coverture
,
Dower
▪
69
▪
Dum
non
fuit
compos
mentis
Note
,
non
sane
memory
,
yet
the
Fines
,
Judgements
,
&
other
records
which
are
before
him
,
shal
be
good
.
But
otherwise
of
the
gift
of
an
office
or
the
like
by
him
;
for
this
is
matter
in
fact
,
and
the
others
are
matters
of
record
;
for
matters
in
fact
may
be
avoided
by
non
sane
memory
,
otherwise
of
matter
of
record
.
1.
M.
1.
B.
Dum
non
fuit
compos
mentis
.
7.
Ejectione
Custod
.
T
Was
said
that
a
man
shall
have
a
Writ
de
Ejectione
custodie
of
a
rent
,
and
this
before
seisin
of
it
;
for
seisin
in
Law
shall
be
thereof
adjudged
,
Quare
ejecit
infra
terminum
.
5.
Enquest
.
Note
,
Enquest
.
100.
T
was
holden
in
the
common
Bench
by
the
Prothonatories
,
if
a
protection
be
cast
at
the
day
of
Nisi
prius
,
Entre
congeable
:
lawfull
Entry
Tenant
for
term
of
life
aliens
to
B.
to
have
to
him
and
his
heires
for
term
of
life
,
B.
Forfeiture
of
lands
.
87.
)
And
if
Tenant
for
terme
of
life
suffers
a
recovery
,
he
in
reversion
cannot
enter
,
but
is
put
to
his
Writ
of
Entrie
,
ad
terminum
qui
preteriit
,
or
Writ
of
Right
,
and
shall
falsifie
the
recovery
in
it
,
if
he
hath
cause
.
(
And
if
he
will
have
it
sure
,
the
Tenant
for
life
ought
to
pray
in
aid
of
him
in
reversion
,
and
if
he
joynes
in
aid
,
and
both
vouch
over
,
then
well
upon
recovery
had
,
&c.
as
betwixt
Corbet
and
Clifford
in
the
Countie
of
Buck
'
this
year
.
)
But
if
Tenant
for
life
be
impleaded
,
and
prayes
in
aid
of
a
stranger
,
he
in
Reversion
may
enter
,
for
this
is
a
forfeiture
.
But
if
he
doth
not
enter
till
the
other
hath
recovered
,
then
he
cannot
enter
,
but
is
put
to
his
writ
of
Entrie
,
ad
terminum
qui
preteriit
,
vel
ingres
.
ad
communem
legem
,
and
shall
falsifie
the
recovery
there
.
24.
H.
8.
B.
Entrecongeable
.
115.
Fauxifier
.
44.
Forfeiture
of
Lands
.
87.
the
end
.
Cestuy
que
use
in
tail
suffers
a
recovery
against
him
upon
a
faint
title
before
the
Statute
of
Uses
,
ad
terminum
qui
preteriit
,
or
a
writ
of
right
,
and
shall
falsifie
it
by
this
action
.
B.
Entre
congeable
.
123.
Fauxifier
.
49.
)
And
if
he
Leuies
a
fine
with
proclamation
,
and
dies
,
if
a
stranger
of
his
own
head
enters
in
name
of
the
Feoffees
,
or
to
their
use
within
the
5
years
,
this
shall
avoid
the
●ine
though
the
Feoffees
did
not
command
him
;
for
by
this
the
freehold
is
in
them
till
they
disagree
,
or
till
another
enters
.
31.
H
,
8.
B.
Entre
congeable
.
123.
the
end
.
T
was
doubted
,
cestuy
que
use
in
tail
,
shall
binde
the
heire
in
tail
.
But
by
Hales
Just.
by
such
recovery
the
entry
of
the
Feoffees
seised
to
the
use
of
the
estate
taile
is
taken
away
,
but
after
the
death
cestuy
que
use
,
who
suffered
the
recovery
,
the
Feoffees
may
have
a
writ
of
right
,
or
writ
of
entrie
,
ad
terminum
qui
preteriit
in
the
post
,
or
the
like
.
And
by
some
,
there
is
no
use
in
tail
,
but
t
is
a
fee
simple
conditional
at
the
common
Law
,
as
t
was
of
a
tail
before
the
Statute
of
W.
2.
And
this
Statute
makes
not
mention
but
of
gifts
in
tail
,
which
is
tails
in
possession
.
And
therfore
quaere
,
if
the
tail
in
use
cannot
be
taken
by
the
equity
of
it
,
yet
t
was
doubted
if
the
issues
and
the
Feoffees
shall
be
bound
after
the
death
of
cestuy
que
use
,
(
B.
Feoffements
to
uses
.
56.
the
middle
.
)
Yet
see
the
Statute
of
32.
H.
8.
that
a
Fine
with
proclamation
levied
,
or
to
be
levied
by
Tenant
in
tail
in
possession
,
reversion
,
remainder
,
or
in
use
,
after
proclamation
had
,
shall
binde
those
Tenants
of
those
tails
and
their
heire
for
ever
.
And
see
that
the
same
Statute
is
as
well
pro
temporibus
preteritis
,
quam
futuris
.
30.
H.
8.
B.
Feoffements
to
uses
.
57.
the
end
.
G.
T.
Knight
seised
in
tail
to
him
and
the
heires
males
of
his
body
,
discontinues
,
and
retakes
to
him
and
E.
his
wife
,
and
to
the
heires
of
their
two
bodies
,
and
had
issue
,
T.
and
W.
and
died
,
E.
nuptam
T.
W.
and
died
,
and
after
W.
by
covin
of
E.
his
mother
,
Tenant
in
joynture
,
brings
a
Formedon
upon
the
elder
tail
against
his
mother
,
and
she
appeared
the
first
day
,
and
W.
recovered
by
Nihil
dicit
,
and
T.
W.
and
E.
his
wife
heir
to
G.
enters
by
the
Statute
of
11.
H.
7.
and
the
entry
adjudged
lawfull
by
the
same
Statute
,
which
wills
such
discontinuances
,
alienation
,
warranties
,
and
recoveries
shall
be
void
(
B.
Entre
congeable
140.
Judgement
.
153.
)
And
it
need
not
to
say
that
the
recovery
was
executed
,
for
because
t
was
void
,
it
shal
never
be
executed
.
And
E.
the
heir
averred
that
he
is
the
same
person
to
whom
the
reversion
appertained
,
and
shewed
not
how
heir
to
it
,
and
yet
good
by
Molineux
,
and
Hales
Justices
,
contra
Brown
and
Mountague
chief
Justice
of
the
Common
Bench.
But
all
agreed
that
t
was
a
recovery
by
covin
,
notwithstanding
t
was
upon
a
true
title
.
And
good
,
notwithstanding
he
did
not
shew
cause
of
covin
.
32.
H.
8.
B.
Entre
congeable
.
140.
Collusion
.
47.
Agreed
for
Law
,
that
if
land
escheat
to
the
King
,
which
is
in
lease
for
years
,
or
charged
with
a
rent
charge
,
and
office
is
found
for
the
King
of
the
escheat
(
the
lease
or
grant
not
found
in
the
office
)
the
lessee
cannot
enter
,
nor
the
Grantee
cannot
distrian
,
but
if
the
King
grant
the
land
over
,
the
lessee
may
enter
,
and
the
grantee
may
distraine
.
But
a
man
which
claims
free
hold
in
the
land
,
cannot
enter
without
traverse
of
the
office
,
by
B.
33.
H.
8.
B.
Entre
congeable
.
124.
Note
,
M.
1.
B●
Entre
congeable
.
139.
T
was
said
that
where
the
interest
of
the
King
is
certain
and
determined
,
the
party
may
enter
,
quaere
by
B.
Time
.
H.
B.
Reseiser.
36.
the
end
.
Error
.
'T
was
said
in
the
Kings
Bench
,
where
a
writ
of
Error
beares
teste
before
the
first
Judgement
,
and
the
Record
is
certified
in
the
Bench
,
that
't
is
good
;
and
yet
the
Writ
saith
,
quod
si
judicium
reddit
.
fit
,
tunc
Record
.
&
process
.
habeatis
,
&c.
5
E
:
6.
B
:
Errour
.
Escape
.
Debt
upon
an
Escape
,
against
the
Sheriffe
,
who
said
That
before
the
Escape
the
Prisoner
was
condemned
in
the
said
condemnation
,
and
in
Execution
,
ut
in
narratione
,
in
the
time
of
a
former
Sheriffe
,
who
suffered
him
to
Escape
,
and
after
re-took
and
imprisoned
him
,
and
was
removed
,
and
this
Defendant
was
made
Sheriffe
,
and
after
suffered
him
to
Escape
;
judgement
is
,
Of
this
second
Escape
you
ought
to
have
your
Action
:
and
a
good
Plea
,
E
:
6.
B
:
Escape
45.
Escheate
.
Foundership
cannot
Escheate
by
death
without
Heir
,
nor
bee
forfeited
by
attaindor
of
Felony
or
Treason
;
for
't
is
a
thing
annexed
to
the
blood
,
which
cannot
be
divided
,
as
't
was
said
,
after
the
augmentation
Court
took
commencement
;
for
a
man
who
is
Heir
to
another
,
cannot
make
another
to
be
Heir
,
Time
:
H
:
8.
B
:
Corodies
5.
the
end
.
Note
,
by
Brown
,
Hales
&
Cooke
,
Justices
;
if
there
bee
Lord
and
Tenant
by
Fealty
and
Rent
,
the
Tenant
is
disseised
and
dies
without
Heir
,
the
Lord
accepts
the
Rent
by
the
hands
of
the
said
disseisor
,
yet
hee
may
enter
for
the
Escheate
,
or
have
a
Writ
of
Escheate
,
and
the
receipt
of
the
Rent
no
barre
;
E
:
6.
B
:
Escheate
18.
Essoign
,
If
the
Tenant
in
a
Praecipe
quod
redd
:
prayes
the
vJew
by
Attorney
;
his
Attorney
shall
bee
Essoyned
upon
the
vJew
:
But
if
he
himselfe
prayes
the
vJew
in
proper
person
;
then
per
plures
,
none
shall
be
Essoyned
upon
the
vJew
but
the
Tenant
himself
;
for
after
Processe
upon
a
Voucher
,
he
himself
shall
bee
Essoyned
,
and
by
consequence
in
like
manner
shall
be
upon
the
vJew
.
H
:
8.
B
:
Essoine
116.
Estates
.
The
King
gives
Land
to
I
:
S
:
&
heredibus
masculis
suis
;
H
:
8.
B
:
Patents
104
,
Estates
84.
'T
was
said
for
Law
,
Entre
congeable
:
&
Cook
lib.
That
if
a
Feoffment
bee
made
to
W
:
N
:
during
the
life
of
I
:
S
:
these
words
(
during
the
life
of
I
:
S
:
)
&c.
shall
be
void
;
for
they
are
contrary
to
a
Fee
.
Contrary
of
a
Feoffment
in
Fee
so
long
as
Pauls
Steeple
shall
stand
,
21
H
:
8.
B
:
Estates
50.
A
man
gives
Land
to
two
&
heredibus
,
H
:
8.
B
:
Estates
4.
A
man
gives
land
to
a
Husband
and
Wife
for
terme
of
their
Lives
,
&
diutius
eorum
vivent
.
the
remainer
to
the
Heirs
of
their
bodies
,
this
is
a
taile
executed
,
by
reason
of
the
immediate
remainer
,
notwithstanding
the
words
of
the
Statute
,
H
:
8.
B
:
Estates
78.
By
opinion
in
the
kings
Bench
,
W
:
N
:
solvend
ten
pound
to
his
Executors
,
and
dies
,
the
Devisee
hath
a
Fee-simple
,
by
reason
of
the
payment
,
without
words
,
Heredibus
,
or
in
perpetuum
,
and
this
shall
be
intended
the
intent
of
the
Devisor
:
The
same
Law
if
a
man
sell
his
Land
to
W
:
N
:
for
twenty
pound
,
this
shall
be
intended
a
sale
in
Fee-simple
,
without
words
,
Heirs
,
for
Conscience
&c.
&
est
equum
&
bonum
,
which
is
a
ground
in
every
Law
,
4
Ed:
6.
B.
Estates
78.
Estoppell
.
If
a
man
hath
Liberties
,
Rent
,
Common
,
or
the
like
,
by
prescription
,
and
after
takes
a
grant
thereof
of
the
King
by
Patent
,
or
of
another
by
Deede
,
this
determines
his
prescription
by
conclusion
(
B
:
Prescription
.
102.
Estoppell
210.
)
for
Writing
shall
determine
Contracts
and
matter
in
Fait
,
B
:
Prescrip.
102.
'T
was
agreed
that
a
stranger
to
a
Fine
or
Recovery
,
Estoppell
;
contra
,
If
hee
claim
the
same
Land
under
the
Fine
or
Record
,
by
those
which
were
parties
,
or
claims
the
same
Estate
,
or
part
of
it
,
and
that
this
estate
continues
,
for
then
he
is
privy
in
the
Per:
36
H
:
8.
B
:
Estoppell
216.
the
end
.
If
two
joyn-Tenants
are
which
hold
of
the
King
in
chiefe
,
and
the
one
releases
to
the
other
in
Fee
,
and
after
both
respit
Homage
in
the
Exchequor
;
H
:
8.
B
:
Estoppell
218
,
Note
that
a
man
which
Leases
by
Deede
poll
for
yeeres
,
or
by
Parol
,
may
avoid
this
Lease
to
say
,
That
hee
had
nothing
in
the
Land
,
tempore
dimissionis
:
Contrary
,
Upon
a
Lease
by
Indenture
,
Estoppell
38
H
:
8.
B.
Estoppell
8.
If
a
man
Indicted
of
Extortion
,
or
Trespasse
,
puts
himself
upon
the
grace
of
the
King
,
and
makes
a
Fine
,
and
after
the
party
sues
him
for
it
,
by
Bill
or
Writ
,
and
he
pleades
Not
Guilty
,
hee
shall
have
the
Plea
,
and
the
making
the
Fine
to
the
King
shall
not
estop
him
;
Time
:
H
:
8.
Estoppell
82.
A
man
pleads
a
Pardon
of
the
King
,
in
the
Exchequer
,
for
alienation
,
without
License
,
where
the
Land
is
not
holden
of
the
King
in
capite
:
This
is
an
Estoppell
,
to
him
to
say
after
that
,
He
doth
not
hold
in
capite
,
Ed:
6.
B
:
Estoppell
222.
By
Hales
and
Montague
,
If
a
man
Leases
to
N
:
his
own
Land
,
by
Deed
intended
;
the
Indenture
is
no
Estoppell
,
but
during
the
Lease
;
and
not
after
,
Casus
B
:
Estoppell
221.
Estranger
.
A
:
is
bound
to
B
:
in
a
100.
l.
and
B
:
makes
a
Defesance
to
W
:
S
:
That
if
W
:
S
:
payes
40.
l.
that
the
Obligation
shall
be
void
.
This
is
worth
nothing
per
opinionem
;
because
that
A
:
that
should
plead
it
,
is
a
Stranger
to
the
Deed
:
H
:
8.
B
:
Estranger
al
fait
21.
Estray
.
If
a
man
takes
Beasts
as
an
Estray
,
H
:
8.
B
:
Estray
11.
Executions
.
Note
,
H
:
8.
B
:
Executions
119.
Scirefac
:
213.
By
the
whole
Court
in
the
Common-Bench
,
If
two
are
bound
in
an
Obligation
conjunctim
&
divisim
,
the
Obligee
impleads
the
one
,
and
hath
execution
of
his
body
;
and
after
impleads
the
other
,
and
condemns
him
,
hee
may
have
execution
against
him
also
;
for
the
taking
of
the
body
is
a
good
execution
,
but
't
is
no
satisfaction
;
Precipes
,
&c.
29
H
:
8.
B
:
Execution
132.
Scire
fac
:
upon
recovery
of
Debt
and
Damages
;
the
Defendant
said
,
that
once
the
Plaintiff
sued
a
Capias
ad
satisfaciend
.
by
which
the
Sheriff
had
took
his
body
,
Judgement
,
&c.
And
there
't
is
said
,
That
a
Capias
ad
satisfaciend
.
is
not
of
Record
before
the
retorn
of
it
;
therefore
no
Plea
:
Yet
B
:
seems
the
Plea
good
by
the
taking
of
the
Body
,
though
no
Writ
bee
returned
,
37
H
:
8.
B
:
Executions
6.
Executors
.
'T
was
noted
by
Fitz
:
H
:
8.
B
:
Executors
22.
A
man
makes
two
Executors
,
H
:
8.
B
:
Executors
149.
A
man
makes
A
:
and
B
:
his
Executors
,
ut
supra
,
32
H
:
8.
B
:
Executors
155.
A
man
hath
a
Lease
for
yeers
as
Executor
B
:
and
after
purchases
the
reversion
of
the
Land
in
fee
,
(
B
:
Extinguishment
54.
Leases
63.
Surrender
52.
)
And
if
it
shall
bee
extinct
,
B
:
seems
to
be
a
devastavit
ad
ultim
:
4
E
:
6.
B
:
Extinguishment
57.
the
end
.
Exposition
.
The
severall
exposition
of
infra
terminum
10.
annorum
&
infra
terminum
predict
:
See
Tit:
Conditions
.
Extinguishment
.
If
the
Abbot
and
Covent
give
all
their
Lands
and
Possessions
to
another
in
fee
,
H
:
8.
B
:
Extinguishment
35.
Lord
and
Tenant
;
H
:
8.
B
:
Extinguishment
47.
Revivings
8.
Tenures
70.
Lord
and
Tenant
;
H
:
8.
B
:
Extinguishment
48.
Where
a
Condition
shall
not
be
apportioned
,
but
extinct
,
See
Tit:
Conditions
.
A
man
hath
a
Lease
for
yeers
as
Executor
B.
and
after
purchases
the
reversion
of
the
Land
in
fee
,
(
B
:
Extinguishment
54.
Leases
63.
Surrender
52.
)
And
if
it
shall
be
extinct
,
B
:
seems
to
be
a
devastavit
ad
ultimum
,
Extinguishment
57
the
end
.
But
where
he
hath
it
as
Executor
,
&
there
is
a
mean
Lease
in
reversion
for
years
,
and
hee
purchases
the
reversion
in
fee
;
the
first
Lease
remains
by
reason
of
the
mean
remainder
(
B
:
Leases
63.
)
And
by
Hales
,
If
a
man
Leases
to
another
for
ten
years
,
and
after
Leases
the
same
Land
to
another
for
twenty
years
;
the
first
Less●e
purchases
the
reversion
in
fee
;
yet
the
first
Lease
is
not
extinct
,
because
that
the
second
Lease
,
which
is
for
twenty
years
,
is
mean
betwixt
the
first
Lease
and
the
Fee-simple
,
which
is
an
impediment
of
the
extinguishment
,
4
E
:
6.
Extinguishment
57.
Where
an
Action
by
Entry
and
Feoffment
shall
be
extinguished
,
See
Tit:
Restor
:
al
primer
action
.
Faits
,
Deeds
.
NOTE
,
Normandy
,
5
Dat
:
apud
Cane
,
&c.
That
the
Plaintiffe
shall
count
that
the
Deed
was
made
at
Cane
in
Com:
(
B
:
Faits
95.
the
end
)
And
also
where
it
truth
it
was
written
in
Cane
,
't
is
suable
in
England
,
where
it
beares
date
at
large
,
and
at
no
place
certaine
:
But
if
it
bee
(
dat
:
apud
Cane
in
Normandy
,
&c.
)
quaere
If
the
Action
lyes
,
&c.
Time
:
H
:
8.
Note
,
That
't
was
agreed
by
the
Justices
,
that
this
clause
which
comes
after
these
words
,
In
cujus
rei
,
&c.
Sigillum
apposui
,
&c.
is
not
any
part
of
the
Deede
,
though
't
were
written
before
the
sealing
and
delivery
,
1
M
:
1.
B
:
Faits
72.
Faits
inroll
:
Deeds
inrolled
.
Note
,
that
a
Deed
of
Husband
and
Wife
shall
not
be
inrolled
in
the
common
Bench
,
H
:
8.
B
:
Faits
inroll
:
14.
&
15.
A
man
infeoffs
the
King
by
Deede
,
and
makes
Livery
;
H
:
8.
B.
Faits
inroll
:
16.
Feoffments
69.
Note
,
E
:
6.
B
:
Faits
Inroll
:
9.
Fauxifier
,
Falsefying
.
Where
he
in
reversion
shall
falsifie
a
recovery
had
against
Tenant
for
term
of
life
,
where
not
,
See
Tit.
Entre
Congeable
.
Where
the
Feoffees
may
falsifie
a
recovery
suffered
by
Cesty
que
use
in
tayl
;
where
not
,
See
Tit:
Entre
Congeable
.
'T
was
holden
that
an
attaint
shall
goe
with
the
Land
,
as
a
Writ
of
Error
shall
,
Time
:
H
:
8.
B
:
Fauxifier
50.
the
end
.
Faux
Imprisonment
,
false
Imprisonment
.
'T
is
said
,
That
a
man
,
as
Constable
,
cannot
Arrest
another
for
an
Affray
,
after
that
the
affray
is
past
,
without
Warrant
:
contrary
,
before
the
Affray
,
and
in
the
time
of
the
Affray
&c.
And
the
same
Law
of
a
Justice
of
Peace
,
38
H
:
8.
B
:
Faux
Imprisonment
6.
the
end
.
Faux
Judgement
,
False
Judgement
.
Note
,
by
Fitz
:
for
cleer
Law
,
That
in
a
Writ
of
falfe
Judgement
in
nullo
est
erratum
is
no
Plea
;
for
they
joyn
issue
upon
some
matter
in
fait
certain
alledged
by
the
party
,
and
shall
bee
tryed
by
the
Country
;
for
't
is
no
Record
,
contra
,
in
Error
,
23
H
:
8.
B
:
Faux
Judgement
17.
Fealtie
.
Note
,
in
the
Chequer
,
That
if
Land
descend
to
me
,
which
is
holden
of
I
:
S
:
by
homage
,
and
I
doe
to
him
homage
;
and
after
other
Land
descends
to
me
by
another
Ancestor
,
holden
of
him
by
homage
,
I
shall
doe
fealty
,
but
not
homage
again
;
for
I
became
to
him
his
man
before
.
And
if
both
the
Tenements
are
holden
of
the
King
by
homage
;
he
shall
not
respit
both
the
homages
in
the
Exchequer
;
but
one
homage
only
,
24
H
:
8.
B
:
Fealty
8.
Note
,
in
the
Exchequer
,
That
a
Dean
and
Chapter
,
and
other
bodies
politique
,
shall
not
doe
homage
;
for
this
shall
be
done
in
person
:
And
a
Corporation
cannot
appear
in
person
,
but
by
Attorney
;
and
homage
cannot
be
done
by
Attorney
,
but
only
in
person
,
33
H
:
8.
B
:
Fealty
15.
Feoffments
.
A
man
makes
a
Feoffment
of
a
house
cum
pertinentiis
,
cum
pertin
:
but
the
Garden
,
the
Curtilage
,
and
Close
adjoyning
to
the
house
,
and
upon
which
the
house
is
built
,
and
no
other
Land
,
though
other
Land
hath
been
occupied
with
the
house
,
23
H
:
8.
B
:
Feoffments
53.
Note
,
by
Fitz
james
ch:
Justice
,
Englefield
Just:
and
divers
others
,
where
a
Disseizor
makes
a
Feoffment
for
maintenance
,
and
takes
the
profits
,
the
Feoffment
is
void
by
the
Stat:
of
1
R
:
2.
ca
:
9.
as
to
a
Stranger
which
shall
have
an
Action
,
H
:
8.
B
:
Feoffments
19.
If
a
man
makes
a
Feoffment
to
four
,
I
:
N
:
for
to
take
livery
for
him
and
his
companions
,
who
doth
it
accordingly
;
nothing
passes
,
but
to
him
who
made
the
Letter
of
Attorney
only
,
27
H
:
8.
B
:
Feoffments
67.
'T
was
said
for
Law
,
That
if
a
man
Leases
Land
for
ten
years
,
and
the
same
Lessee
lets
it
over
to
another
for
four
years
;
the
Lessor
makes
a
Feoffment
to
a
Stranger
by
sufferance
of
the
second
Lessee
;
this
is
a
good
Feoffment
without
Attornment
of
the
first
Lessee
,
28
H
:
8.
B
:
Feoffments
68.
'T
is
said
,
H
:
8.
B
:
Feoffments
to
uses
19.
If
a
man
makes
a
feofmēt
of
a
house
,
ac
omnia
terras
,
tenemeta
et
hereditamēta
eidem
messuag
:
pertinen
:
aut
cum
eodem
occupat
:
locat
:
aut
dimiss
:
existen
:
by
this
the
Land
used
with
the
house
shall
passe
,
32
H
:
8.
B
:
Feoffments
53.
the
end
.
A
man
makes
a
Deed
of
Feoffment
to
another
,
and
delivers
the
Deed
to
him
in
the
Land
,
or
upon
the
Land
;
this
is
a
good
Feoffment
by
all
the
Justices
in
the
Common-Bench
,
35
H
:
8.
B
:
Feoffments
74.
If
a
man
bee
seized
of
one
acre
of
Land
in
Fee
,
H
:
8.
B
:
Feoffments
77.
Feoffments
to
uses
,
55.
If
a
Feoffment
be
made
within
the
vJew
,
when
this
is
pleaded
;
't
is
said
that
expresse
mention
shall
be
made
in
the
pleading
,
that
the
Land
was
within
the
vJew
,
Time
H
:
8.
B
:
Feoffments
57.
the
end
.
Feoffment
is
good
of
the
Land
by
Deede
,
by
Livery
of
the
Deed
within
the
vJew
,
so
that
the
Feoffee
enters
accordingly
:
But
if
the
Feoffor
dies
before
the
Feoffee
enters
,
then
the
Land
is
discended
to
the
Heir
of
the
Feoffor
,
and
the
Feoffment
shall
not
take
effect
,
Time
H
:
8.
B
:
Feoffments
72.
A
man
makes
a
Feoffment
by
Deed
to
twenty
,
Time
H
:
8.
B
:
Feoffments
72.
Note
,
Lecture
Whorwood
35
H
:
8.
B.
Feoffments
19.
Feoffments
to
uses
.
By
Shelly
Just
:
prope
finé
.
Where
the
Father
Infeoffs
his
Son
and
Heir
apparent
,
to
the
intent
to
defraud
the
Lord
of
his
Ward
,
this
Feoffment
was
to
the
use
of
the
Father
,
H
:
8.
B
:
Feoffments
to
uses
20.
the
end
.
A
man
makes
a
Feoffment
in
Fee
,
cestuy
que
use
,
and
his
Heirs
;
the
tenant
in
tayle
shall
not
be
Seised
to
the
first
use
,
but
to
his
own
use
,
Westm:
2
cap
:
1.
wills
,
quod
Voluntas
Donatoris
in
omnibus
observetur
;
cestuy
que
use
,
which
shall
bee
perfect
in
Law
,
which
tenant
in
tayle
cannot
doe
;
for
if
hee
executes
an
Estate
,
his
Issue
shall
have
a
Formedon
;
And
the
best
opinion
that
an
Abbot
,
Mayor
and
Commonalty
,
nor
other
Corporations
shall
not
bee
seised
to
a
use
,
for
their
capacitie
is
only
to
take
to
their
own
use
:
And
also
if
the
Abbot
execute
an
estate
,
the
successor
shall
have
a
writ
of
Entry
sine
assensu
capituli
:
and
those
that
are
in
the
●ost
,
Escheate
,
Mortmain
,
Per●uisite
of
Villeine
,
Recovery
,
Dower
by
the
courtesie
,
and
the
like
,
are
seised
to
their
own
use
and
to
another
use
:
And
also
the
Stat:
of
1
R
:
3.
is
,
That
all
Gifts
,
Feoffments
&
Grants
of
cestuy
que
use
shall
be
good
against
all
,
&c.
saving
to
all
persons
their
rights
and
interests
in
tayl
,
as
if
this
Stat:
had
not
been
made
;
and
therefore
Tenant
in
tayl
shall
not
bee
seized
to
a
use
.
And
't
was
agreed
by
the
Court
,
That
the
words
in
the
end
of
the
Stat:
cestuy
que
use
in
tayl
hath
no
right
nor
interest
.
And
also
here
there
is
a
Tenure
betwixt
the
Donors
and
the
Donees
,
I
:
S
:
to
buy
land
for
him
,
and
he
buyes
it
for
himself
,
&
to
his
own
use
,
this
is
to
the
use
of
the
buyer
,
H
:
8.
B
:
Feofments
to
uses
40.
Note
,
if
a
Feofment
be
made
to
the
use
of
W
N
,
for
term
of
his
life
,
&
after
to
the
use
of
I
:
S
:
and
his
Heirs
,
their
cestuy
que
use
in
remainer
or
reversion
,
may
sell
the
remain
or
reversion
in
the
life
of
W
N
,
H
:
8.
B
:
Froffments
to
uses
44.
'T
is
holden
that
if
the
Feoffees
seised
to
the
use
of
an
Estate
taile
,
cestuy
que
use
and
his
Heirs
,
where
the
buyer
and
recoveror
hath
not
conusance
of
the
first
use
:
And
by
Fitz
:
it
shall
binde
,
though
they
had
notice
of
the
use
;
for
the
Feoffees
have
the
Feesimple
:
Et
per
plures
,
if
cestuy
que
use
in
tail●
be
vouched
in
a
recovery
,
and
so
the
recovery
passes
,
it
shall
bind
the
tait●
in
use
s
:
cestuy
que
use
and
his
Heirs
▪
and
otherwise
not
;
And
this
B
seem
to
be
by
the
Stat:
which
excepts
tenant
in
taile
,
which
is
intended
tenant
i●
taile
in
possession
,
and
not
cestuy
que
use
in
taile
,
for
cestuy
que
use
in
tai●●
is
not
tenant
in
taile
,
29
H
:
8.
B
▪
Recovery
in
value
,
20.
Feoffments
to
uses
,
56.
Feoffees
in
use
make
a
lease
for
yeers
rendring
rent
,
H
:
8.
B
:
Feofments
to
uses
,
47.
If
A
:
Covenants
with
B
:
That
when
A
:
shall
be
Enfeoffed
,
by
B
:
of
three
acres
of
Land
in
D
:
that
then
●he
said
A
and
his
Heirs
,
and
all
others
seized
of
the
Land
of
the
said
in
S
:
shall
be
thereof
seised
to
the
use
of
the
said
B
:
and
his
Heirs
,
there
if
A
:
makes
a
Feofment
of
his
Land
in
S
:
and
after
B
:
Enfeofs
A
:
of
the
said
three
acres
in
D
:
there
the
Feoffees
of
A
:
shall
bee
seised
to
the
use
of
B
:
notwithstanding
they
had
not
notice
of
the
use
;
for
the
Land
is
and
was
●ound
with
the
use
aforesaid
,
H
:
8
B
:
Feoffments
to
uses
50.
'T
was
doubted
if
a
Recovery
had
against
cestuy
que
use
in
taile
,
cestuy
que
use
who
suffered
the
Recovery
;
the
Feoffees
may
have
a
writ
of
right
,
or
writ
of
entry
ad
terminum
qui
preteriit
in
the
post
,
or
the
like
:
And
by
some
there
is
no
use
in
taile
,
but
't
is
a
fee-simple
conditiona●
at
common
Law
,
as
't
was
of
the
taile
before
the
Stat:
of
W
:
2.
And
this
Stat:
makes
no
mention
but
of
gifts
in
taile
,
which
is
taile
in
possession
;
and
therefore
quaere
,
if
the
taile
in
use
cannot
be
taken
by
the
equity
of
it
,
ye●
't
was
doubted
if
the
issues
and
the
Feoffees
shall
be
bound
after
the
death
of
cestuy
que
use
,
(
B
:
Feofments
to
uses
56
,
the
middle
)
yet
see
the
Stat:
H
:
8.
B.
Feofments
to
uses
,
57.
If
Covenants
and
Agreements
are
●onteined
in
Indentures
and
not
uses
;
●nd
't
is
Covenanted
by
the
Indentures
●hat
A
:
shall
recover
against
B
:
his
Land
in
D
:
to
the
use
of
the
recoveror
●nd
his
Heirs
,
and
to
the
uses
of
the
Covenants
and
Agreements
in
the
Indentures
;
there
if
he
recovers
,
the
re●overy
shall
be
to
the
use
of
the
recoveror
and
his
Heirs
;
and
not
to
the
uses
of
the
Covenants
and
Agreements
in
the
Indentures
,
where
no
uses
are
in
the
Indentures
.
But
otherwise
,
if
uses
are
conteined
in
the
Indentures
,
●nd
't
is
Covenanted
,
That
A
:
shall
recover
to
the
use
of
A
:
and
his
Heirs
,
and
to
the
uses
in
the
Indenture
;
there
the
recovery
shall
goe
according
,
H
:
8.
B
:
Feoffments
to
uses
58.
'T
was
agreed
by
all
the
Justices
,
upon
great
deliberation
,
in
the
case
of
Mantel
Esq:
of
the
County
of
North
:
who
was
attainted
with
the
Lord
Dacres
of
the
South
,
for
the
death
of
a
man
(
which
see
Tit:
Corone
.
)
that
where
he
at
his
marriage
31
H
:
8.
after
the
Stat:
of
uses
made
,
27
H
:
8.
Covenanted
,
That
for
a
100.
l.
and
in
consideration
of
marriage
,
that
hee
and
his
Heirs
,
and
all
persons
seized
of
his
Lands
and
Tenements
in
H
:
shall
bee
thereof
seized
to
the
use
of
his
wife
for
term
of
her
life
,
and
after
to
the
Heirs
of
his
body
by
her
ingendred
,
that
this
shall
change
the
use
well
enough
,
and
very
good
:
And
by
this
the
Land
was
saved
,
and
was
not
forforfeited
,
34
H
:
8.
B
:
Feoffments
to
uses
16.
the
end
.
A
man
purchases
Land
,
and
causes
an
Estate
to
bee
made
to
him
and
his
wife
,
and
to
three
others
in
Fee
,
this
shall
bee
taken
to
the
use
of
the
husband
only
;
and
not
to
the
use
of
the
wife
without
speciall
matter
to
induce
it
.
H
:
8.
B
:
Feoffments
to
uses
51.
A
man
makes
a
Feofment
in
Fee
to
his
use
for
term
of
life
;
&
that
after
his
decease
I
N
shall
take
the
profits
;
this
makes
a
use
in
I
N
,
contrary
if
he
saies
,
that
after
his
death
his
Feoffees
shall
take
the
profits
and
deliver
them
to
I
N
,
this
doth
not
make
a
use
in
I
N
:
for
he
hath
them
not
but
by
the
hands
of
the
Feoffees
,
36
H
:
8.
B
:
Feoffments
to
uses
,
52.
A
man
cannot
sell
Land
to
I
S
,
W
S
,
because
that
W
S
is
his
Cosin
;
or
because
that
W
S
before
gave
to
him
twenty
pound
,
H
:
8.
B
:
Feoffments
to
uses
,
54.
Note
,
a
Recovery
was
suffered
by
Graseley
of
the
County
of
Stafford
,
by
advice
of
Fitz
Serjeant
and
others
,
and
he
was
only
cestuy
que
use
in
tail
,
and
after
he
died
without
issue
,
and
his
brother
recovered
the
Land
in
the
Chancery
,
cestuy
que
use
in
taile
,
should
not
serve
but
for
term
of
his
life
,
by
which
't
is
not
but
a
grant
of
his
estate
,
Time
H
:
8.
B
:
Feoffments
to
uses
48.
the
end
.
By
Fitz
Just:
Time
H
:
8.
B
:
Feoffments
to
uses
57.
the
middle
.
Note
,
E
:
6.
B
:
Feofments
to
uses
30.
'T
was
holden
per
plures
in
the
Chancery
;
cestuy
que
use
in
taile
is
vouched
,
and
the
demandant
recovers
,
then
this
shall
bind
the
issue
,
Time
E
:
6.
B
:
Feofments
to
uses
56.
the
end
.
If
a
Covenant
bee
by
Indenture
,
that
the
sonne
of
A
shall
marry
the
daughter
of
C
,
for
which
C
gives
to
A
a
hundred
pound
,
and
for
this
A
covenants
with
C
,
That
if
the
marriage
takes
not
effect
,
that
A
and
his
Heirs
shall
bee
seised
of
a
hundred
and
fiftie
acres
in
D
,
to
the
use
of
C
and
his
Heirs
,
quo
usque
A
his
Heirs
or
Executors
repaies
the
hundred
pound
,
and
after
C
hath
issue
within
age
and
dies
,
and
after
the
marriage
takes
not
effect
by
which
the
State
is
executed
in
the
Heir
of
C
,
by
the
Statute
of
uses
made
27
H
:
8.
notwithstanding
that
C
was
dead
before
the
refusall
of
the
marriage
,
B
:
quaere
if
the
Heir
of
C
shall
bee
in
Ward
to
the
Lord
,
for
hee
is
Heir
,
and
yet
a
Purchasor
,
as
it
seemes
,
3
M:
1.
B
:
Feofments
to
uses
.
59.
Gift
of
Land
for
yeeres
,
M:
1.
B
:
Feofments
to
uses
,
60.
Fines
levies
,
Fines
levied
.
Note
,
I
K
,
a
joynture
by
Fine
,
and
the
Writ
was
brought
by
I
K
against
A
and
B
his
wife
,
H
:
8.
B
:
Fines
,
Levies
,
108.
Fine
with
proclamation
to
bind
Tenant
in
tail
and
his
issue
,
the
time
for
to
make
proclamation
,
&c.
See
Tit:
Assurances
.
If
cestuy
que
use
for
term
of
life
levies
a
Fine
with
Proclamation
;
there
none
need
to
enter
nor
make
claim
within
the
five
years
,
because
that
't
is
but
a
Grant
of
his
Estate
,
which
is
lawfull
,
and
no
forfeiture
;
for
hee
hath
nothing
in
the
Land
;
nor
hee
cannot
make
a
forfeiture
of
the
use
.
(
B
:
Feoffments
to
uses
48.
Fines
levies
107.
)
Et
per
plures
,
cestuy
que
use
in
tail
,
it
shall
bind
him
and
his
Heirs
;
but
not
cestuy
que
use
in
the
reversion
nor
the
Feoffees
after
the
death
of
the
Conusor
,
cestuy
que
use
in
tayl
,
H
:
8.
B
:
Fines
levyed
107.
the
end
.
Note
,
H
:
8.
B
:
Fines
Levies
110.
'T
was
granted
for
Law
,
where
two
are
of
the
same
name
(
as
if
there
bee
two
R
B
)
and
the
one
levies
a
Fine
of
the
others
Land
;
R
B
,
33
H
:
8.
B
:
Fines
levies
115.
the
end
.
Note
that
if
the
Writ
of
Dedimus
potestatem
,
to
levie
a
Fine
doth
not
beare
teste
after
the
writ
of
Covenant
,
't
is
Error
;
for
the
Dedimus
potestatem
saies
,
cum
Breve
nostrum
de
conventione
pendet
betwixt
A
B
and
C
D
,
&c.
35
H
:
8.
B
:
Pines
,
Levies
,
116.
Note
,
that
't
was
devised
to
have
a
Lease
for
yeeres
to
binde
Tenant
in
taile
,
that
the
tenant
in
taile
and
the
Lessee
should
acknowledge
the
tenements
to
bee
the
right
of
one
A
,
a
stranger
,
and
that
A
should
grant
and
render
by
the
same
Fine
to
the
Lessee
for
sixtie
yeeres
,
the
remainder
to
the
Lessor
and
his
Heirs
,
and
't
was
with
Proclamation
,
which
shall
binde
the
taile
after
proclamation
made
(
And
so
see
that
the
Devise
after
will
not
serve
for
taile
,
but
for
Fee
simple
,
for
hee
which
takes
by
Fine
,
Feme
covert
,
or
the
issue
in
tail
of
the
Conusor
:
)
And
in
this
case
no
rent
can
bee
reserved
;
for
A
was
a
stranger
to
the
Land
,
by
which
the
Lessee
granted
ten
pound
of
rent
,
and
extra
terra
:
illa
:
with
a
clause
of
distresse
during
the
yeeres
or
terme
aforesaid
to
the
Lessor
,
36
H
:
8.
B.
Fines
,
Levies
,
118.
Lease
may
be
made
by
Fine
for
term
of
yeeres
rendring
rent
,
and
first
the
lessee
to
acknowledg
the
tenements
to
be
the
right
of
the
Lessor
come
ceo
,
&c.
and
then
the
other
grant
and
render
to
him
for
terme
of
sixtie
yeeres
,
rendring
therefore
yeerely
ten
pound
per
annum
,
&c.
And
with
Clause
of
Distresse
,
Time
,
H
:
8.
B
:
Fines
,
Levies
,
106.
Note
,
Time
H
:
8.
B
:
Fines
,
Levies
,
117.
Note
,
by
Bromeley
chiefe
Justice
,
and
others
,
That
a
Writ
of
Error
was
brought
in
the
Kings
bench
,
because
a
Fine
was
acknowledged
by
Dedimus
potestatem
,
before
one
who
was
not
a
Judge
,
Abbot
,
Knight
nor
Sargeant
:
and
for
this
cause
't
is
refused
to
admit
any
which
is
taken
by
such
;
for
the
Statute
de
finibus
&
Attorn
:
gives
power
to
none
except
to
Justices
,
Abbot
and
Knight
;
quaere
,
by
B
:
if
a
Sarjeant
at
Law
,
bee
not
taken
as
a
Justice
by
the
equitie
of
the
Statute
,
Time
H
:
8.
B
:
Fines
,
Levies
,
120.
'T
was
granted
that
a
Fine
may
be
levyed
in
a
Hamlet
;
for
if
a
Scire
fac
:
lyes
upon
a
Fine
in
a
Hamlet
(
as
it
appears
8
E
:
4.
that
it
doth
)
therefore
a
Fine
is
well
levyed
there
,
per
Cur.
6
E
:
6.
B
:
Fines
Levies
93.
Note
,
per
Cur.
The
same
of
a
Writ
of
Dower
:
And
the
same
Law
of
that
which
hath
been
a
Ville
and
no
wis
decaid
;
yet
the
name
of
the
Ville
remains
,
as
old
Salisbury
,
which
hath
at
this
day
Burgesses
of
Parliament
,
and
the
like
,
7
E
:
6.
B
:
Fines
Levies
91.
Forcible
Entry
.
Hee
which
hath
been
seized
peaceably
by
three
yeeres
,
quaere
23
H
:
8.
B
:
Forcible
entry
,
22.
Forfeiture
of
Marriage
.
'T
was
said
,
Time
H
:
8.
B
:
Forfeiture
of
Marriage
7.
Intrusion
23.
in
finibus
.
Forfeiture
de
Terre
,
&c.
Forfeiture
of
Land
,
&c.
What
shall
be
a
forfeiture
of
the
Estate
of
Tenant
for
life
,
what
not
,
See
Tit:
Entry
Congeable
.
Richard
Fermor
of
L
:
was
attainted
in
Premunire
,
and
his
Lands
forfeited
in
Fee
in
perpetuum
,
and
not
only
for
term
of
life
:
And
so
see
't
is
not
only
a
forfeiture
for
life
,
as
in
an
attaint
;
for
the
one
is
by
Statute
,
the
other
by
the
Common-Law
,
34
H
:
8
,
B
:
Praemunire
19.
the
end
,
Forfeiture
101.
Note
,
H
:
8.
B
:
Forfeiture
99.
Foundership
cannot
Escheate
,
nor
be
forfeited
by
attaindor
of
Felony
or
Treason
,
See
Tit:
Escheate
.
Note
,
by
Hales
Justice
cleerly
,
that
●
Cleark
convict
,
●
E
:
6.
B
:
Forfeiture
113.
Formedon
.
'T
is
said
that
if
the
issue
in
taile
bee
●arred
by
Judgement
,
Formedon
,
Time
H
:
8.
B.
Formedon
18.
Note
,
&
quod
post
mortem
,
&c.
discend
:
jus
,
&c.
2
E
:
6.
B
:
Formedon
,
49.
Formedon
upon
a
gift
in
Fee
to
th●
use
of
the
Feoffor
and
the
Heirs
of
hi●
body
,
〈◊〉
derunt
tenement
:
&
discend●
jus
,
&c.
for
it
cannot
bee
suppose●
that
the
Feoffor
gave
to
cestuy
que
us●
which
was
himselfe
;
for
a
man
cannot
give
to
himselfe
:
and
hee
sha●
make
a
speciall
Declaration
upon
th●
Feoffment
to
the
use
of
the
taile
:
But
where
A
makes
a
Feoffment
in
Fee
,
to
three
,
to
the
use
of
a
Stranger
and
the
Heirs
of
his
body
,
which
is
exempte●
by
the
Statute
aforesaid
,
and
after
who
was
cestuy
que
use
aliens
in
fee●
and
dyes
;
there
his
issue
shall
have
a
Formedon
,
and
shall
say
that
the
Feoffor
gave
to
his
father
,
and
not
the
Feoffees
gave
,
and
shall
make
a
speciall
Declaration
,
7
E
:
6.
B.
Formedon
46.
Generall
Briefe
14.
Note
by
Bromeley
chief
Justice
,
That
the
Demandant
(
in
the
case
2
E
:
6.
before
)
may
declare
generallly
if
he
will
;
and
if
the
Tenant
pleads
ne
dona
pas
,
the
Demandant
may
reply
and
shew
the
speciall
matter
,
as
appears
there
,
and
conclude
,
&
so
he
gave
,
&c.
and
good
,
1
M
:
1.
B
:
Formedon
49.
the
end
.
Forme
.
Note
,
Time
:
E
:
6.
B
:
Faux
Latin
&
Forme
66.
Franke-marriage
.
Note
,
Time
:
H
:
8.
B.
Frank-marrige
10.
Note
,
I
N
in
Fee
,
is
not
Frank-marriage
;
for
warranty
and
acquittall
is
incident
to
Frank-marriage
,
by
reason
of
the
Reversion
in
the
Donor
,
which
cannot
be
where
the
Donor
puts
the
remainder
and
Fee
to
a
Stranger
upon
the
same
Gift
,
Time
.
H
:
8.
B
:
Frank-marriage
11.
Garde
,
Warde
.
IF
the
Kings
Tenant
,
Alien
in
Fee
,
without
licence
,
and
dyes
,
his
Heire
within
age
,
the
King
shall
not
have
the
Ward
,
because
that
nothing
is
discended
to
him
;
and
that
the
alienation
is
good
,
save
the
Trespass
to
the
King
,
Alienations
29.
Garde
85.
If
the
King
hath
an
heir
in
Ward
,
which
is
a
Woman
,
and
marries
her
before
the
age
of
Fourteen
years
;
there
she
shall
be
out
of
Ward
at
Fourteen
years
,
and
then
may
sue
Livery
,
for
the
Two
years
to
make
Sixteen
years
are
not
given
,
but
to
tender
to
her
marriage
,
therefore
when
shee
is
married
sooner
,
shee
shall
be
out
of
custody
at
Fourteen
years
,
28.
H.
8.
B.
Garde
86.
Livery
54.
A
man
makes
a
Feoffment
before
the
Statute
of
execution
of
Uses
,
H.
8.
B.
Garde
93.
Where
a
man
holds
certain
land
of
the
King
in
Soccage
in
Capite
,
Note
by
all
the
Justices
of
England
,
de
proxima
presentatione
;
nor
the
termors
which
are
in
by
the
father
of
the
Heirs
B
,
Grants
.
85.
Garde
66.
Lease
31.
in
finibus
:
So
of
a
Lease
for
term
of
life
.
35.
H.
8.
B.
Garde
61
:
the
end
:
A
man
dyes
seised
of
lands
holden
in
Knights
service
,
his
brother
and
Heir
within
age
,
the
Lords
seises
the
ward
,
the
wife
of
the
Tenant
privily
with
childe
with
a
son
,
and
after
the
wife
is
delivered
,
the
brother
is
out
of
ward
.
But
if
the
Infant
dye
,
the
brother
yet
within
age
,
there
the
brother
shall
be
in
ward
again
.
And
the
same
Law
where
a
daughter
is
heire
,
and
after
a
son
is
born
,
the
daughter
is
out
of
ward
:
And
if
the
son
dies
without
issue
,
the
daughter
within
age
,
she
shall
be
in
ward
again
;
so
see
that
one
and
the
same
person
may
be
twice
in
ward
by
two
several
ancestors
.
But
where
the
Lord
seises
the
son
for
ward
for
land
to
him
descended
from
his
Father
,
and
grants
the
marriage
of
him
to
another
,
and
after
other
land
holden
in
Knights
service
,
holden
of
the
same
Lord
descends
to
the
same
son
from
his
mother
,
there
B.
seems
that
the
Lord
shall
not
have
the
ward
again
,
because
he
had
him
,
and
granted
his
marriage
before
,
and
the
body
is
an
intire
thing
▪
35.
H.
8.
B.
Garde
119.
'T
is
granted
by
all
the
Justices
that
the
King
shal
not
ouste
the
termor
of
his
tenant
,
de
prox
.
presentatione
of
an
Advouson
.
Time
H.
8.
B.
Garde
44.
If
the
son
and
heire
of
the
Kings
tenant
,
Anth.
Brown
of
Surrey
,
who
was
made
Knight
in
the
time
of
his
Father
,
who
died
,
the
son
within
age
,
and
t
was
holden
he
should
be
in
ward
,
notwithstanding
he
was
a
Knight
;
wherefore
he
agreed
with
the
King
for
his
marriage
:
'T
was
agreed
for
Law
in
the
Common
Bench
,
T
was
holden
by
the
Justices
of
both
benches
,
Where
a
use
vests
in
the
heir
,
as
heir
of
his
Father
,
where
the
Father
was
dead
before
?
Whether
the
heir
shall
be
in
ward
,
or
not
:
Quaere
,
See
Tit.
Feoffments
to
uses
.
3.
M.
1.
Note
that
t
was
declared
by
the
Doctors
of
the
Civil
Law
,
That
where
an
heir
or
other
is
married
infra
annos
nubiles
,
and
after
disassents
at
the
age
of
discretion
,
or
after
,
before
assent
to
the
Marriage
,
that
this
suffices
:
and
the
party
may
marry
to
another
without
divorce
,
or
witnessing
of
it
before
the
Ordinary
:
but
the
Ordinary
may
punish
it
per
arbitrium
judicis
;
but
the
second
espousals
is
good
,
as
wel
by
the
Law
of
the
Kingdom
,
as
by
the
Law
of
the
Church
,
5.
M.
1.
B.
Garde
124.
Ward
and
marriage
is
by
the
Common
Law
:
If
an
estate
be
made
to
many
and
the
heirs
of
one
of
them
,
and
he
which
hath
the
Fee
dies
,
his
heir
within
age
,
he
shall
be
in
Ward
by
the
Statute
of
Wills
,
notwithstanding
the
others
survive
which
are
Tenants
by
the
Common
Law
,
Casus
B.
Garde
.
100.
Garranties
,
Warranties
.
If
the
husband
&
wife
alien
land
of
which
she
is
dowable
,
there
to
have
collateral
warranty
,
t
is
good
to
have
the
Warranty
of
the
Wife
against
her
and
her
heirs
;
and
then
if
she
hath
issue
by
the
husband
,
and
she
and
the
husband
die
,
the
Warranty
shall
be
collateral
to
the
issues
,
because
that
the
land
came
by
the
Father
,
and
not
by
the
Mother
,
31.
H.
8.
B.
Garranties
79.
Note
if
the
husband
discontinues
the
right
of
his
wife
,
and
an
ancestor
collaterall
of
the
wife
releases
with
Warranty
and
dies
,
to
whom
the
Wife
is
heir
,
and
after
the
husband
dies
,
the
wife
shall
be
barred
in
a
Cui
in
vita
by
this
Warranty
,
notwithstanding
the
Coverture
;
because
that
she
is
put
to
her
action
by
the
discontinuance
;
for
Coverture
cannot
avoid
Warranty
,
but
where
the
entry
of
the
wife
is
lawful
,
which
is
not
upon
discontinuance
.
33.
H.
8.
B.
Garranties
84.
If
a
man
saies
in
his
Warranty
,
Et
ego
tenement
a
predict
.
cum
pertinent
.
prefato
A.
B.
the
Donee
Warrantizabo
,
aud
doth
not
say
,
eg●
&
heredes
mei
,
he
himselfe
shall
warrant
it
,
but
his
heir
is
not
bound
to
warrant
it
;
because
that
(
heirs
)
are
not
expressed
in
the
Warranty
,
35.
H.
8.
B.
Garrenties
50.
Sir
Robert
Brudnel
,
late
Chief
Justice
of
the
Common
Bench
,
devised
a
Warranty
now
in
use
,
viz.
That
the
warrantor
for
him
and
his
heirs
Warrantizabit
contra
ipsum
&
heredes
suos
,
and
by
this
the
Feoffee
shall
rebut
,
but
not
vouch
,
Casus
B.
Garranties
30.
the
end
.
Where
upon
a
Formedon
upon
use
,
there
shall
be
a
General
Writ
,
and
special
Declaration
?
See
Tit.
Formedon
.
General
issue
.
In
an
Assise
or
Trespass
,
if
a
●an
entitles
a
stranger
,
and
justifies
by
his
Commandment
,
his
ought
to
be
pleaded
;
and
not
given
in
evidence
upon
Nul
tort
.
or
not
guilty
pleaded
.
So
of
Common
Rent
Service
,
General
issue
,
81.
)
otherwise
of
a
Lease
at
will
;
And
if
a
Villen
plead
Free
,
and
of
Free
Estate
he
may
give
manumission
in
evidence
;
for
this
is
Manumission
indeed
.
But
where
he
is
Manumitted
by
act
in
Law
,
General
issue
●2
.
Debt
upon
an
escape
in
the
Exchequer
against
the
Sheriffs
of
London
,
for
leting
a
man
arrested
by
them
by
capias
ad
satisfaciendam
,
and
●n
Execution
to
escape
:
the
Defendants
cannot
say
that
he
did
not
escape
,
and
give
in
evidence
that
he
was
not
arrested
for
the
arrest
is
confessed
,
if
he
saies
that
he
did
not
escape
,
34.
H.
8.
B.
General
issue
89.
Grants
.
Nota
per
plures
Just.
But
they
shall
have
their
Fee
,
for
t
is
but
an
Office
of
Charge
.
But
where
the
Steward
,
&
Parker
have
profits
of
Courts
,
Winde-Falls
,
Dear●kinnes
,
and
the
like
casu●ll
profits
,
t
is
said
that
they
cannot
be
expulsed
,
and
that
of
such
Offices
they
may
have
an
Assise
.
And
t
is
said
that
t
was
so
taken
in
the
time
of
James
Hobert
Attorney
of
King
HENRY
the
7.
And
the
Officers
may
relinquish
their
Offices
when
they
will
,
but
then
their
Fee
ceases
.
And
Whorewood
Attorney
of
King
HENRY
the
8.
granted
the
Cases
aforesaid
,
31.
H.
8.
B.
Grants
,
134.
T
was
said
for
Law
,
That
I
may
Ouste
my
Bayliff
,
B.
doubts
of
the
Steward
,
for
an
Assise
lies
of
such
Ousters
,
34.
H.
8.
B.
Grants
93.
the
end
.
What
shall
pass
by
a
Grant
of
omnia
●ona
sua
.
See
Tit.
Done
.
A
man
possessed
of
a
Lease
for
term
of
fourty
yeers
,
(
B.
Grants
154.
Leases
66.
)
●ut
such
Devise
by
Testament
is
good
,
(
B.
Grants
154.
)
And
't
is
not
like
where
a
man
leases
Land
for
term
of
life
,
and
four
yeers
over
:
this
is
certain
,
that
his
Executors
shall
have
four
yeers
after
his
death
.
(
B.
Leases
66.
)
And
also
,
if
a
man
leases
his
Land
to
have
from
his
death
for
four
yeers
,
't
is
good
:
for
this
is
certain
;
and
he
hath
authority
to
charge
his
own
Land
.
7
E.
6.
B.
Grants
155.
A
man
grants
omnia
terras
&
tenementa
sua
in
D.
a
Lease
for
yeers
shall
not
pass
.
ejectione
Firme
lies
,
and
by
this
he
shall
recover
the
Term
;
and
therefore
't
is
a
good
word
of
Grant
.
7
E.
6.
B.
Grants
155.
Ideot
.
BRent
of
the
County
of
S●●merset
,
who
was
presen●●ed
for
an
Ideot
,
cou●●
write
Letters
and
Acqui●tances
,
and
the
like
;
an●
therefore
was
adjudge●
an
Unthrift
,
but
no
Ideot
.
Time
.
E.
Ideot
4.
the
end
.
Imprisonment
.
'T
was
determined
in
Parliament
,
th●
Imprisonment
almost
in
all
cases
is
but
retain
the
offender
till
he
hath
made
Fine
;
and
therefore
if
he
offers
his
Fi●●
he
ought
to
be
delivered
presently
;
〈◊〉
the
King
cannot
retain
him
in
prison
af●●●
the
Fine
tendered
.
M.
1.
B.
Imp●●sonment
100
the
end
.
Incident
.
Court-Baron
is
incident
to
a
Man●●
and
Court
of
Pipowders
to
a
Fayr
;
a●
't
was
sed
arguendo
,
that
therefore
Lord
of
the
Mannor
or
Fayr
cannot
gr●●
over
the
Court-Baron
,
nor
the
Court
Pipowders
:
or
if
they
grant
the
M●●
●●or
with
the
Fayr
,
they
cannot
reserve
●●ch
Courts
,
for
they
are
incident
,
&c.
9
H.
8.
B.
Incidents
34.
'T
was
said
,
●ime
.
H.
8.
B.
Incidents
24.
the
●●id
.
Indictments
.
An
Indictment
of
Death
ought
to
com●rehend
the
day
of
the
stroke
,
H.
8.
●
.
Indictments
41.
By
Fitz
Just.
a
Justice
of
Record
may
〈◊〉
indicted
of
taking
of
money
,
Casus
B.
Indict●ent
50.
the
end
.
Intrusion
.
Tenant
in
Tayl
of
Lands
holden
of
〈◊〉
King
,
à
tempore
inquisiti●●nis
capt
.
and
not
before
.
(
B.
Alienat●ons
,
26.
in
medio
.
)
But
where
the
t●●nant
dies
,
and
his●
heir
enters
,
upon
Off●●●
found
for
the
King
of
the
dying
seised
the
ancestor
;
there
the
heir
shall
answ●●
the
profits
taken
by
him
before
.
26
H.
B.
Intrusion
,
18.
the
end
.
Note
,
I.
N.
tenant
of
the
King
was
seized
,
a●
died
seized
,
and
that
W.
his
heir
intrude●
and
after
by
Act
of
Parliament
the
Ki●●
pardons
all
Intrusions
;
in
this
case
the
e●try
and
the
offence
is
pardoned
,
but
not
〈◊〉
issues
and
profits
:
for
the
escheat
or
sh●●
be
charged
of
this
by
way
of
accou●●
whether
he
hath
received
them
or
not
:
〈◊〉
when
the
office
is
of
Record
,
he
ought
receive
them
,
except
where
't
is
found
the
Office
that
such
a
man
took
the
pro●●
thereof
.
But
where
the
King
pardo●
where
no
Office
is
found
,
And
there
though
the
Office
comes
after
which
findes
the
intrusion
of
the
heir
,
yet
all
is
gone
by
the
Pardon
;
and
this
shall
serve
,
because
all
was
pardoned
before
,
to
which
the
King
was
intitled
of
Record
,
33
H.
8.
B.
Charters
de
pardon
,
71.
Intrusion
21.
Issues
returns
22.
Office
shall
have
relation
to
the
death
of
the
ancestor
,
(
B.
Relation
18.
the
end
.
)
Otherwise
,
as
to
alienation
made
by
the
Kings
tenant
without
License
:
this
shall
not
relate
before
the
finding
of
it
.
(
B.
Relation
18.
Intrusion
19.
)
And
such
entry
by
purchase
is
not
called
Intrusion
,
but
a
Trespass
;
and
so
are
the
words
of
the
pardon
thereof
,
quod
pardonamus
transgression'
praedict.
&c.
33.
H.
8.
B.
Intrusion
19.
Joyntenants
.
If
a
Lease
be
made
to
three
of
Land
at
Common
Law
,
H.
8.
B.
Joyntenants
53.
Leases
54.
If
a
man
inf●offs
two
,
W.
N.
before
Michael
'
and
the
one
dies
,
the
other
sole
makes
the
Feoffment
;
this
is
good
.
The
same
Law
if
two
lease
Land
rendring
rent
,
and
that
if
it
bearrear
by
two
months
,
and
lawfully
demanded
by
the
said
Lessors
,
that
they
may
re-enter
,
the
one
dies
,
and
the
other
that
survives
demands
it
,
and
't
is
not
paid
,
he
may
re-enter
.
And
the
same
Law
if
the
Lease
were
made
to
two
,
with
words
that
if
it
be
arrear
,
and
demanded
of
them
two
,
&c.
and
the
one
dies
,
and
the
Lessor
demanded
it
of
the
other
that
survived
,
and
he
doth
not
pay
,
this
is
a
good
demand
,
and
the
Lessor
may
re-enter
.
33
H.
8.
B.
Joyntenants
62.
Journeys
accounts
.
Grantee
of
a
next
presentation
brings
a
Q.
impedit
,
and
dies
after
the
six
months
past
,
and
his
Executors
bring
another
Q.
impedit
by
Journeys
accounts
,
and
by
the
Justices
it
will
not
lie
.
See
Tit.
Q.
impedit
.
Judgement
.
A
man
recovers
by
default
against
an
●●fants
,
Saver
de
fault
50.
If
I
have
Title
by
Formedon
,
Assise
in
Com.
B.
the
tenant
pleads
in
●●ar
a
recovery
by
Assise
by
him
against
〈◊〉
Plaintiff
of
the
same
Tenements
in
●om
.
O.
and
this
now
Plaintiff
then
●●nant
pleaded
in
Bar
by
release
of
the
●ncestor
of
the
Plaintiff
with
Warran●●
,
which
was
void
by
non-age
:
and
●his
found
for
the
Plaintiff
▪
by
which
he
●ecovered
,
against
this
Plaintiff
judgement
si
,
where
he
accepts
the
Land
to
be
in
the
Country
of
O.
now
he
shall
be
received
to
say
,
that
it
lies
in
the
County
〈◊〉
B.
And
't
was
said
in
the
Common
Bench●
that
though
this
Land
were
then
put
〈◊〉
vJew
,
the
Plaintiff
shall
not
be
bound
〈◊〉
the
recovery
:
for
it
cannot
be
intended
one
and
the
same
Land
.
25
H.
8.
●
.
Judgement
62.
Assize
of
Land
in
N.
the
Defendan●●
said
that
once
before
he
brought
an
assiz●
of
the
same
Land
in
H.
against
the
sam●
Plaintiff
,
and
these
Lands
put
in
vJew
▪
and
this
now
Plaintiff
then
took
the
●●nancie
,
and
pleaded
in
Bar
,
and
said
th●
H.
and
N.
are
one
and
the
same
Ville
,
an
known
by
the
one
name
and
the
other
▪
and
that
A.
brought
a
Formedon
of
th●●
tenements
,
and
pleaded
certain
,
&c.
an●
recovered
by
Action
tried
,
and
the
esta●●
of
the
Plaintiff
mean
betwixt
the
title
〈◊〉
and
his
recovery
,
judgeme●●
si
of
such
an
estate
assize
,
&c.
to
wh●●
the
other
said
,
that
every
of
the
said
〈◊〉
and
N.
were
Villes
by
themselves
,
and
〈◊〉
at
issue
:
and
't
was
found
that
they
we●●
several
Villes
,
and
the
seisin
and
disseis●●
by
which
't
was
awarded
that
this
tena●●
then
Plaintiff
should
recover
.
And
because
that
he
hath
recovered
these
sain●
Lands
against
the
Plaintiff
himself
in
H.
judgement
si
assise
.
B.
25
H.
8.
B.
Judgement
66.
If
A.
infeoffs
B.
upon
condition
&c.
to
re-enter
,
there
if
a
man
impleads
B.
who
vouches
A.
and
so
recovers
;
or
if
A.
re-enters
upon
B.
without
cause
,
and
●s
impleaded
and
loses
;
there
in
the
one
case
,
and
the
other
,
the
condition
is
determined
:
for
the
Land
is
recovered
against
him
who
made
the
condition
.
26
H.
8.
B.
Judgement
136.
Note
,
by
Bromley
chief
Just.
that
a
Judgement
,
retraxit
.
)
For
without
Original
they
have
not
Commission
to
hold
Plea
;
and
then
they
are
not
Judges
of
this
cause
.
2
M.
1.
B.
Judgement
.
114.
Issues
joyns
,
Issues
joyned
.
Trespass
upon
the
case
,
quod
def.
assumpsit
deliberat
.
quer
.
4
pannos
laneos
,
and
he
pleads
,
quod
assumpsit
liberare
4
pannos
lineos
,
without
that
qd.
assumpsit
modo
&
forma
,
and
so
at
issue
.
And
't
is
found
that
he
assumed
to
deliver
2
pannos
laneos
,
sed
non
4
(
so
see
that
this
issue
,
H.
8.
B.
Issues
joyns
.
80
,
Verdict
90.
Informed
in
the
Excheq
.
against
A.
B.
for
buying
Wools
betwixt
shearing
time
and
the
Assumption
,
C.
D.
contra
formam
Statut.
propt
.
&c.
And
no
issue
▪
for
't
is
not
material
nor
traversable
whether
he
bought
of
C.
D.
or
of
E.
F.
or
of
another
,
but
whether
he
bought
them
contra
formam
Statut.
necne
.
And
therefore
the
Issue
shall
be
that
he
did
not
buy
modo
&
forma
,
&c.
33.
H.
8.
B.
Issues
joyns
.
81.
Negativa
pregnans
.
54.
Travers
,
per
367.
In
waste
issue
was
taken
if
the
defendant
cut
twenty
Oaks
,
M.
1.
B.
Issues
joyns
80.
the
middle
.
Issues
returns
;
Issues
returned
.
See
Tit.
Intrusion
.
Jurisdiction
.
If
the
Lord
of
a
Mannor
claim
the
Tythes
of
such
Lands
in
D.
to
finde
a
Chaplain
in
D.
and
the
Parochians
claim
them
also
for
the
same
purpose
,
't
is
said
for
Law
,
that
the
Lay
Court
shall
have
jurisdiction
betwixt
them
,
and
not
the
Spiritual
Court
.
25
H.
8.
B.
Jurisdiction
95.
'T
was
said
where
a
man
pleads
a
plea
in
Banco
ultra
mare
,
England
.
36
H.
8.
B.
Jurisdiction
29.
Jurors
.
Trial
of
a
Peer
of
the
Realm
arraigned
upon
an
Indictment
,
and
appeal
diversity
.
See
Tit.
Trial
,
and
Tit.
Enquest
.
Where
Jurors
may
take
conusance
and
notice
of
a
thing
in
another
County
.
See
Tit.
Attaint
.
Jury
took
a
Scroll
of
the
Plaintiff
,
M.
1.
B.
Jurors
8.
Leet
.
NOte
,
for
Law
,
if
a
pain
be
put
upon
a
man
in
a
Leet
for
to
redress
a
Nusance
by
a
day
sub
poena
10
l.
and
after
't
is
presented
that
he
did
it
not
,
and
shall
forfeit
the
pain
;
H.
8.
B.
Leet
37.
Note
,
H.
8.
B.
Leet
23
the
end
.
Leases
.
By
Fitz-James
ch.
Just.
B.
Leases
19.
Debt
122.
)
Otherwise
〈◊〉
seems
of
a
Lease
for
life
made
by
a
Par●●●
rendring
rent
and
the
successor
accepts
〈◊〉
rent
,
this
affirms
the
Lease
for
life
.
24
〈◊〉
.
8.
B.
Leases
19.
A
man
leases
for
ten
yeers
,
H.
8.
B.
Leases
48.
Where
a
Lease
for
300
or
400
yee●●
shall
be
Mortm
in
.
See
Tit.
Mortmain
.
A
man
leases
a
house
cum
pertin
.
cum
per●
Contrary
,
if
a
man
leases
a
house
cu●
omnibus
terris
eidem
pertin
.
there
〈◊〉
Lands
to
this
used
pass
:
and
many
Gra●●
are
de
omnibus
terris
in
D.
nuper
M●
nasterii
de
G.
pertin
.
and
especially●
heavers
that
it
hath
pertained
de
tempor●
&c.
31
H.
8.
B.
Leases
55.
If
a
Parson
of
a
Church
leases
for
〈◊〉
and
dies
,
Dean
20.
Encumbent
18.
Leases
5●
▪
Where
a
confirmation
shall
be
by
〈◊〉
Bishop
,
Dean
and
Chapt
,
of
a
Lease
〈◊〉
by
the
Parson
.
Et
contra
.
See
Tit.
C●●●firmation
.
A
man
is
a
purchaser
with
his
wife
〈◊〉
them
and
to
the
heirs
of
the
husband
;
〈◊〉
after
the
husband
leases
for
years
and
●dies
,
H.
8.
B.
Leases
58.
If
a
man
leases
for
life
to
I.
S.
and
the
next
day
leases
to
W.
D.
for
twenty
yeers
,
H.
8.
B.
Leases
48.
the
end
.
'T
was
agreed
per
plures
,
W.
S.
that
he
shall
have
28
acres
in
D.
for
20
yeers
,
that
this
was
a
good
Lease
:
for
this
word
concessit
is
as
strong
as
dimisit
vel
l●●avit
.
37
H.
8.
B.
Leases
60.
King
tenant
in
Tayl
makes
a
Lease
for
yeers
,
or
life
,
his
issue
may
avoid
it
.
See
Tit.
Discontinuance
in
possession
.
If
a
Parson
lets
Land
for
term
of
yeers
rendring
rent
,
H.
8.
B.
Leases
18.
the
end
.
'T
was
holden
by
Bromley
Just.
and
others
,
Time
.
H.
8.
B.
Leases
35.
the
end
.
'T
was
agreed
for
Law
in
the
Chancery
by
the
Justices
,
E.
6.
B.
Leases
●3
.
the
end
.
A
man
leases
for
yeers
,
habendum
post
●imissionem
in
factā
to
I.
N.
finitā
,
and
〈◊〉
truth
I.
N.
hath
no
Lease
in
it
,
there
the
Lease
commences
immediately
,
E.
6.
B.
Leases
62.
An
Executor
hath
a
term
and
purchases
the
reversion
in
Fee
,
whether
the
term
be
extinct
,
or
no.
See
Tit.
Extinguishment
.
Tenant
of
the
King
in
Capite
dies
,
E.
6.
B.
Leases
57.
A
man
possessed
of
a
Lease
for
40
yeer●
grants
so
many
of
them
as
shall
be
behin●
at
his
death
,
't
is
void
.
See
Tit.
Grants
.
Note
,
W.
N.
habendum
〈◊〉
100
l.
be
paid
,
and
without
Livery
;
th●
't
is
but
a
Lease
at
will
for
the
incertaint●
But
if
he
makes
Livery
,
the
Lessee
sh●
have
it
for
life
upon
condition
implied
〈◊〉
cease
upon
the
100
l.
levied
.
2
M.
1.
●
Leases
67.
'T
is
said
that
Bishops
in
the
time
〈◊〉
E.
6.
were
not
sacred
,
M.
1.
B.
Leases
68.
What
shall
be
said
to
be
a
Lease
in
reversion
,
and
what
a
grant
of
reversion
?
see
Tit.
'T
was
holden
by
all
,
if
a
man
Leases
Land
to
another
till
the
Lessee
hath
levy●d
20l
,
M.
1.
B.
Leases
67.
the
end
.
'T
was
ruled
in
the
Serjants
case
,
Ian.
habend
.
for
forty
years
,
Reddend
,
annuatim
at
Mich.
and
Easter
20.
s.
the
tenant
shall
pay
at
Easter
and
at
Mich.
I.
equales
porciones
,
and
the
Lessor
shall
not
lose
the
rent
at
Easter
.
4.
M.
1.
B.
Leases
65.
Ley
gager
,
Law
wager
.
Detinue
of
a
Deed
indented
,
where
an
obligation
of
a
Lease
for
term
of
years
the
defendant
shall
not
wage
his
Law
,
for
this
concerns
Land
,
and
a
Chattel
real
.
And
so
't
was
late
adjudged
in
the
Kings-Bench
34.
H.
8.
B.
Ley
gager
97.
'T
was
said
for
Law
,
Ley
102.
Quo
minus
5.
in
finibus
.
Licenses
.
'T
was
agreed
,
that
if
a
Bishop
,
De●
and
Chapter
give
their
Land
in
Fee
with
out
License
of
the
King
,
who
is
Founder
and
is
found
so
by
Office
,
the
King
shal●
have
the
Land
.
And
another
Founde●
may
have
a
contra
formam
collationis
And
if
he
aliens
sine
assensu
Decani
&
Capituli
,
B.
Licenses
21.
Lieu
,
Place
.
Place
is
not
material
in
actions
transitory
.
See
Tit.
Attaint
.
Where
a
Recognizance
is
acknowledged
in
London
before
a
Justice
of
th●
Common
Bench
,
and
certified
in
banco●
and
there
ingrossed
,
a
Scire
facias
shal●
be
brought
there
directed
to
the
Sherif●
of
London
,
and
not
to
the
Sheriff
o●
Middlesex
where
the
Bench
is
,
by
all
the
Prothonotaries
of
the
Common
Bench.
4
M.
1.
B.
Lieu
85.
Limitations
.
Note
,
that
it
seems
cleer
,
that
the
new
Limitation
,
E.
6.
B.
Limitations
2.
Livery
.
Note
,
ouster
le
maine
;
for
now
the
Seigniory
of
his
Land
is
revived
by
the
Livery
,
so
that
he
holds
not
of
the
King
as
afore
,
but
of
his
immediate
Lord
.
But
if
the
Ward
because
of
Ward
had
been
of
full
age
before
the
first
Ward
,
H.
8.
B.
Livery
47.
Where
a
woman
out
of
Ward
by
Marriage
shall
sue
Livery
at
fourteen
yeers
.
See
Tit.
Garde
.
He
which
holds
Land
within
the
County
Palatine
of
Lancaster
of
the
King
in
Knight
service
▪
ut
de
Ducato
Lancastr
.
&c.
28
H.
8.
B.
Livery
55.
Note
,
that
general
Livery
cannot
be
,
but
upon
Office
found
:
but
special
Livery
may
be
without
Office
,
and
without
probation
of
age
,
but
there
he
shall
be
bound
to
a
rate
and
sum
certain
to
be
paid
to
the
King
.
(
B.
Livery
56.
)
And
by
B.
ibidem
31.
this
cannot
be
claimed
by
the
Common
Law
,
as
general
Livery
may
,
but
is
at
the
will
of
the
King
.
28
H.
8.
If
the
King
purchases
a
Mannor
of
which
I.
S.
held
in
Knight
service
,
the
tenant
shall
hold
as
he
held
before
,
and
he
shall
not
render
Livery
nor
primer
seisin
:
ouster
le
maine
at
full
age
.
●nd
't
is
said
,
W.
N.
in
fee
,
excepting
the
●●rvices
of
I.
S.
now
I.
S.
holds
of
the
King
,
●sof
the
person
of
the
King
,
and
yet
he
●●all
not
hold
in
Capite
,
but
shall
hold
〈◊〉
he
held
before
,
for
the
act
of
the
King
●hall
not
prejudice
the
tenant
.
But
if
the
●ing
give
Land
to
me
in
fee
,
tenend
.
mi●i
&
heredibus
meis
of
the
King
,
&
c.
●nd
expresses
no
certain
services
,
I
shall
●old
in
Capite
,
for
't
is
of
the
person
of
●●e
King
.
H.
●
.
B.
Livery
57.
Tenures
61.
Extent
of
livery
is
the
value
of
the
●and
by
half
a
year
.
&
●
shall
sue
livery
.
H.
8.
●
Livery
58.
The
Kings
tenant
leases
for
years
an●
dies
,
H
▪
8.
B.
Livery
59.
If
a
man
holds
of
the
King
before
th●
Statute
of
uses
,
and
infeoffs
others
〈◊〉
his
for
term
of
life
,
John
Husseys
case
.
the
rem'
over
in
tai●
the
rem'
to
his
right
heirs
,
and
dies
,
an●
after
the
tenant
in
tail
dies
without
issue●
the
heir
of
the
Feoffer
shall
sue
livery
for
the
fee
simple
was
never
out
of
him
and
therefore
it
descends
to
his
heir
,
an●
if
he
hath
it
by
descent
,
he
shall
sue
livery
.
And
the
same
Law
and
for
the
sam●
reason
,
if
at
this
day
a
man
gives
in
tail●
the
rem'
to
his
right
heirs
.
Otherwise
B.
2.
seems
where
a
man
makes
a
Feoffment
in
fee
in
possession
,
and
dismisses
●●mself
of
all
,
and
retakes
for
term
of
〈◊〉
,
the
rem'
in
tail
,
the
rem'
to
his
●●ght
heirs
,
and
dies
,
and
after
the
te●ant
in
tail
dies
without
issue
,
there
the
●●eir
,
who
is
right
heir
is
a
purchaser
.
●nd
if
the
King
seises
,
he
shall
sue
●ister
le
main
,
and
shall
not
be
com●elled
to
sue
livery
;
But
if
the
tenant
〈◊〉
tail
had
dyed
without
issue
in
the
life
●f
tenant
for
life
,
and
after
the
tenant
●or
life
dies
,
there
his
heir
shall
sue
livery
,
for
the
fee
simple
was
vested
in
the
tenant
●or
life
,
by
extinguishment
of
the
mean
●em'
and
therefore
the
fee
simple
descends
.
Where
a
man
holds
certain
Land
of
the
King
in
Soccage
in
Capite
,
He
which
holds
of
the
King
in
Knight
service
and
not
in
Capite
,
Contra
,
of
Tenure
in
Capite
.
32
H.
8.
B.
Livery
62.
Note
,
that
the
heir
of
him
who
holds
of
the
King
in
Capite
in
Soccage
shall
not
render
primer
seisin
to
the
King
for
all
his
Lands
,
Note
that
a
man
cannot
sue
livery
in
the
Chancery
for
Land
in
Wales
,
If
the
heir
of
cestuy
que
use
be
of
full
age
at
the
time
of
the
death
of
his
ancestor
,
the
King
shall
not
have
primer
seisin
,
cestuy
que
use
,
which
is
not
performed
during
the
nonage
of
the
heir
,
there
the
King
shall
not
have
the
Land
,
but
the
heir
at
full
age
,
shall
prove
his
age
,
and
shall
goe
quite
by
experience
in
the
Exchequer
.
Casus
B.
Livery
77.
the
middle
.
Pain
.
T
Was
adjudged
in
Curia
hospitii
Domini
Regis
apud
Greenwich
versus
Edmundum
Knivet
militem
,
quia
percussit
quendam
hominem
ibidem
,
the
King
being
there
in
his
Court
.
33.
H.
8.
B.
Pain
16.
the
end
:
Panell
:
T
was
agreed
in
the
Exchequer
where
〈◊〉
jury
is
awarded
de
medietate
lingue
,
where
an
alien
is
party
,
and
the
panel
●eturned
,
that
the
one
of
the
denizens
and
the
other
of
aliens
shall
be
sworn
,
till
they
have
6
denizens
,
and
6
aliens
sworn
.
Parliament
.
If
the
King
be
intitled
to
the
land
of
I.
S.
by
forfeiture
of
Treason
,
H.
8.
B.
Parliament
77.
Note
by
Englefield
Justice
,
(
B.
Parliament
73.
Remitter
●9
.
the
end
.
)
And
the
same
Law
where
●he
King
had
Title
in
Tail
,
and
the
●and
is
given
to
him
by
Parliament
in
●ee
,
the
Tail
is
determined
.
So
that
●●e
Heir
shall
not
avoid
Leases
made
〈◊〉
his
Father
,
nor
Charges
,
and
the
〈◊〉
;
for
the
last
Statute
bindes
all
for●er
Titles
and
Estates
not
excepted
.
●9
.
H.
8.
B.
Parliament
.
73.
If
divers
Sessions
are
in
one
and
the
〈…〉
Parliament
,
H.
8.
B.
Parlia●ment
86.
Relation
35.
Note
,
H
▪
8.
B.
Parliament
87.
Memorandum
,
that
at
the
Parli●●ment
holden
by
adjournment
H.
th●
year
,
t
was
admitted
by
the
Kings
〈◊〉
and
so
accepted
,
that
if
one
Burgess
〈◊〉
made
Major
of
a
Town
which
hath
j●●●dicial
jurisdiction
,
and
another
is
〈◊〉
that
these
are
sufficient
causes
to
ele●
new
ones
,
wherefore
they
did
so
〈◊〉
the
Kings
Writ
out
of
the
Chancer
comprising
this
matter
,
which
was
a●●mitted
and
accepted
in
the
Commo●
House
of
Parliament
.
38.
H.
8.
B.
Par●●●ament
.
7.
Parnour
,
Taker
of
the
profits
.
An
Office
is
found
after
the
death
Cestuy
que
use
that
he
died
seised
,
and
the
heir
is
in
ward
of
the
King
,
Ouster
l'main
,
this
Recovery
shall
binde
the
heir
,
but
the
Recoverer
cannot
enter
during
the
Possession
of
the
King
.
29.
H.
8.
B.
Pernour
32
:
A
man
cannot
aver
another
Pernour
of
the
Profits
of
other
things
,
which
are
not
in
demand
.
B
Pernour
4.
the
middle
.
Patents
.
The
King
gives
Land
to
I
▪
S.
Et
heredibus
masculis
suis
,
the
grant
is
void
.
See
Tit
Estates
.
If
the
King
Licences
his
Tenant
to
alien
his
Mannor
of
D
:
H.
8.
B.
Patents
.
76.
If
the
King
grants
omnia
terras
&
tenementa
sua
in
D.
this
is
a
good
grant
these
general
words
.
30.
H.
8
:
B.
Patents
95.
The
King
gave
to
the
Earl
of
Rutland
in
Tail
,
and
after
intended
to
give
to
him
in
Fee
simple
,
and
to
extinct
the
Tail
,
and
t
was
doubted
that
the
surrender
of
the
Letters
.
Patents
of
the
Tail
,
and
the
cancelling
of
them
,
and
of
the
Inrollment
and
Bill
assigned
,
will
not
extinct
the
Tail
,
for
the
Tail
executed
may
be
averred
without
shewing
the
Patent
.
Patents
97
)
And
t
was
agreed
by
Whorewood
the
Kings
Attorney
,
viz
▪
that
the
King
shall
grant
to
the
said
Earl
Tenant
in
Tail
the
Fee
simple
also
,
and
then
a
Recovery
against
him
will
barr
the
Tail
.
Surrenders
51.
)
And
t
is
said
for
Law
,
if
the
King
gives
in
Fee
,
or
in
Tail
,
or
for
life
,
the
Patentee
Leases
for
years
,
or
grants
,
Leases
,
or
gives
part
of
the
Land
or
of
the
Interest
to
another
,
and
after
surrenders
his
Patent
,
by
which
t
is
cancelled
,
this
shall
not
prejudice
the
third
person
,
that
he
shall
lose
his
interest
by
it
:
for
he
may
have
a
Constat
out
of
the
enrolment
which
shall
serve
him
.
Quaere
inde
,
because
a
Statute
is
made
of
it
.
What
thing
in
action
the
King
may
grant
,
what
not
?
See
Tit.
Choise
in
action
.
If
the
King
grant
a
Balywick
,
or
sheriffwick
to
I.
S.
absque
compotoreddend
.
the
word
absque
compot
.
is
worth
nothing
:
for
t
is
contrary
to
the
Nature
of
the
thing
granted
,
36.
H.
8.
B.
pattents
99.
If
Conusance
of
plea
be
granted
by
the
King
,
he
ought
to
shew
where
;
as
in
Guild-hall
,
or
the
like
;
and
before
whom
,
as
before
his
Steward
,
&c.
And
the
King
may
grant
Toll
,
Fair
,
Market
,
and
the
like
:
but
not
to
have
Assise
of
Fresh
force
,
nor
Toll
traverse
,
nor
Through
Toll
,
nor
that
the
Land
shall
be
Devisable
,
And
t
is
said
for
Law
,
Where
the
King
,
Tenant
in
Tail
,
cannot
discontinue
,
or
charge
by
grant
,
by
patent
,
See
Tit.
Discontinuance
de
possession
.
Note
,
that
t
was
agreed
,
That
where
the
King
grants
Land
which
is
in
Lease
for
tearm
of
years
,
Time
H.
8.
B.
patents
93.
T
was
granted
in
the
case
of
Thomas
Inglefield
,
Knight
,
where
the
King
Receits
,
Sciatis
nos
concessisse
C.
S.
reversionem
manerii
predict
,
&c.
Habendum
,
&c.
that
this
is
a
good
Grant
.
Therefor
B.
seems
that
if
the
King
mis-recites
the
date
of
the
first
Letters
Patents
,
or
the
like
,
yet
if
he
well
recites
the
estate
and
the
thing
,
and
the
name
of
the
Lessee
,
that
then
the
Grant
of
the
Reversion
is
good
.
For
where
the
King
takes
notice
of
his
Tenant
for
term
of
life
,
and
of
his
estate
,
and
grants
the
Reversion
,
he
is
not
deceived
in
his
Grant
,
for
he
takes
upon
him
notice
of
the
former
Interest
for
life
,
and
then
the
date
of
the
first
Patent
is
not
material
.
Time
H.
8.
B.
Patents
96.
By
Mervin
Justice
,
a
Constat
is
pleadable
;
contrary
of
an
Inspeximus
,
for
in
the
one
case
the
Patent
remains
,
E.
6.
B.
Patents
97.
the
end
.
Peace
.
A
man
is
bound
to
the
peace
,
and
procures
another
to
break
,
the
peace
,
this
is
a
forfeiture
of
his
Bond
,
as
t
was
said
Time
.
H.
8.
B.
Peace
20.
Peremptorie
.
A
man
recovers
debt
or
damages
and
after
brings
thereof
a
Scire
Fac
'
the
first
return
of
Nihil
against
the
Defendant
is
peremptory
,
Where
a
man
brings
an
Action
real
or
mixt
,
or
makes
an
avowry
or
conusans
,
and
issue
is
taken
upon
the
seisin
infra
tempus
statuti
,
and
t
is
found
against
the
demandant
,
Plaintiff
,
or
avowant
,
this
is
peremptory
by
the
same
Statute
.
1.
M.
1.
B.
Peremptorie
.
78.
Petition
.
T
is
held
for
Law
,
I.
S.
shal
be
attainted
of
Treason
,
or
Felony
,
and
shall
forfeit
all
his
Lands
,
and
also
an
Office
is
found
thereof
,
there
the
party
who
hath
right
,
cannot
traverse
,
but
is
put
to
petition
.
And
the
same
Law
if
the
King
grant
it
over
after
the
double
matter
of
Record
found
.
33.
H.
8.
B.
Petition
.
35
,
Trovers
de
office
51.
Note
,
That
Petition
was
at
Common
Law
,
but
Traverse
is
by
Statute
,
Lecture
B.
Petition
41.
Travers
de
office
54.
See
Tit.
Travers
de
Office
.
Pledges
.
A
man
gages
his
goods
in
pledge
for
40
l.
borrowed
,
pledges
28.
Pleadings
.
Note
that
it
is
said
for
Law
,
die
brevis
:
but
if
the
recovery
were
by
action
tried
,
he
needs
not
to
take
the
one
averment
or
the
other
.
Yet
t
was
said
,
that
in
a
quod
ei
deforce
at
he
that
pleads
the
recovery
by
defalt
,
need
not
aver
the
party
tenant
of
the
Freehold
tempore
brevis
sui
,
for
t
is
proved
that
he
was
Tenant
tempore
,
&c.
by
the
use
of
the
Quod
ei
deforceat
,
for
this
is
the
effect
of
this
action
;
because
that
the
Demandant
in
this
action
,
lost
by
default
in
the
first
action
:
yet
he
shall
aver
the
Title
of
his
Writ
.
And
he
which
pleads
a
Recovery
in
a
Writ
of
Waste
by
default
,
H.
8.
B.
Pleadings
6.
He
which
pleads
an
entry
for
to
defeat
a
Collateral
Warranty
,
H.
8.
B.
pleadings
147.
Where
a
man
ought
to
aver
,
that
the
one
and
the
other
are
one
,
and
not
divers
,
See
Tit.
Averments
.
Where
a
stranger
to
a
Deed
may
plead
it
,
where
not
?
See
Tit.
Estranger
.
Note
,
in
Dominico
pro
ut
de
Feodo
ad
usum
T.
P.
and
his
Heirs
,
without
shewing
the
Commencement
of
the
use●
as
to
say
,
that
A.
was
seised
in
Fee
,
and
infeoffed
I.
N.
and
W:
N.
ad
usum
T.
P.
&c.
But
a
man
cannot
plead
that
A.
B.
was
seised
in
Tail
without
shewing
the
gift
;
for
the
one
is
a
particular
estate
,
and
not
the
other
,
36
,
H.
8.
B.
Bleadings
160.
Plenartie
:
Note
,
Premunire
.
Premunire
by
Bil
in
the
Kings
bench
,
A
Prohibition
lies
often
where
a
Premunire
lies
not
;
as
of
great
Trees
,
vel
pro
decimis
,
de
ceptima
parte
,
prohibition
lies
,
and
not
a
Premunire
;
for
the
nature
of
the
action
belongs
to
the
Spiritual
Court
,
but
not
the
cause
in
this
form
.
But
where
t
is
of
a
lay
thing
which
never
appertained
to
the
Spiritual
Court
,
Where
a
man
attainted
in
a
Premu●ire
shall
forfeit
his
Lands
in
Fee
imperpetuum
,
See
Tit.
Forfeiture
de
●erre
,
&c.
Prerogative
:
A
man
hath
land
in
use
;
H.
7
▪
which
gives
the
ward
of
Cestuy
que
us●
where
no
will
is
declared
;
Note
,
Prero●gative
116.
Shelley
Just.
H.
8.
B.
Praerogat
:
60.
●nd
71.
the
ends
.
Note
by
some
,
the
King
shall
not
●ave
a
Precipe
quod
redd
.
(
as
a
Writ
of
Escheat
)
but
his
Title
shall
be
found
〈◊〉
Office
.
Time
H.
8.
B.
Praeroga●●ive
119.
Where
the
King
shall
have
his
age
?
●here
not
?
See
Tit.
Ag●
▪
T
is
said
if
an
information
be
by
a
sub●ect
for
the
King
in
the
Exchequer
,
absque
hoc
●
.
E.
6.
B.
Praerogative
65.
the
end
.
The
Prerogative
of
the
King
is
a
●reatise
of
the
Common
Law
,
Quaere
,
Lecture
B.
●raerog.
134.
Where
the
Incumbent
is
made
a
Bi●hop
,
the
King
shall
present
by
his
Pre●ogative
.
See
Tit.
Presentation
.
Prescription
.
Where
prescription
shall
be
gone
by
acceptance
of
a
grant
of
the
thing
,
Se●
Tit.
Estopel
.
T
was
said
for
Law
,
Note
,
prox
.
presentationem
to
A.
and
aft●●
before
avoidance
grants
prox
.
presentationem
ejusdem
Ecclesiae
to
B.
the
second
grant
is
void
:
for
this
was
gran●●ed
over
by
the
Grantor
before
:
and
〈◊〉
shall
not
have
the
second
presentatio●
for
the
grant
doth
not
import
it
,
20.
H
8.
B.
Presentation
52.
A
man
grants
prox
.
presentationem
and
hath
a
wife
and
dies
,
Note
,
ratione
praerogative
sue
,
which
Benefice
voided
by
reason
that
the
King
had
made
the
in●umbent
of
it
a
Bishop
,
who
was
conse●rated
:
so
that
when
a
Benefice
becoms
●oid
by
making
of
an
incumbent
a
Bishop
,
the
King
shall
present
to
all
his
●ormer
benefices
pro
illa
vice
,
whosoe●er
is
Patron
of
them
,
4.
M.
1.
B.
Presentation
61.
Priviledge
.
Note
,
when
a
Record
is
removed
out
of
a
Court
of
Record
,
as
London
,
&c.
●●to
the
Kings
Bench
,
or
into
Common
●ench
,
there
they
shall
not
proceed
up●n
the
Original
which
was
in
London
:
●ut
in
the
Kings
Bench
the
party
may
●d
himself
by
Bill
of
Midd.
brought
●ere
against
the
party
upon
his
appear●nce
:
and
in
the
Common
Bench
to
●●ing
an
Original
retornable
the
same
●ay
.
36.
H.
8.
B.
priviledge
48.
Procedendo
.
If
a
man
arrested
in
a
Franchise
,
sue●
a
Writ
of
Priviledge
and
removes
the
body
and
the
cause
,
and
after
come●
not
to
prove
his
cause
of
Priviledge
,
the
Plaintiff
in
the
Franchise
may
have
〈◊〉
Procedendo
.
And
therefore
B.
seem●
that
there
the
first
sureties
remain
:
H.
8.
B.
Procedendo
1●●
Sureties
28.
Proclamation
.
Note
,
that
none
can
make
Proclama●tion
but
by
authority
of
the
King
,
〈◊〉
Majors
and
the
like
,
who
have
priv●●ledge
in
Cities
and
Boroughs
to
do
it
,
or
have
used
it
by
custom
.
And
Sir
Edmund
Knightly
,
Executor
to
Sir
William
Spencer
,
made
Proclamation
in
●ertain
market
Towns
,
That
the
Creditors
should
come
by
a
certain
day
,
and
claim
and
prove
their
Debts
,
&c.
due
by
the
Testator
;
and
because
that
he
did
it
without
authority
,
he
was
committed
to
the
Fleet
,
and
put
to
a
Fine
,
22.
H.
8.
B.
Proclam.
10.
Prohibition
.
T
is
agreed
,
That
if
a
man
be
sued
in
the
Spiritual
Court
,
Sylva
Cedua
,
which
is
seasonable
wood
used
to
be
cut
,
where
indeed
t
is
great
Trees
,
and
pray
a
Prohibition
,
and
have
it
.
And
the
same
Law
where
a
man
is
sued
in
curia
Admiral
'
for
a
thing
done
upon
the
sea
,
where
indeed
t
was
done
upon
the
land
,
there
upon
a
surmise
that
it
was
done
upon
the
land
,
he
shall
have
a
prohibition
.
31.
H.
8.
B.
Prohibition
17.
Property
.
T
was
agreed
by
the
Justices
,
That
if
a
Frenchman
inhabit
in
England
;
and
after
War
is
proclaimed
betwixt
England
and
France
,
none
may
take
his
goods
,
because
that
he
was
here
before●
but
if
a
Frenchman
comes
here
after
the
War
proclaimed
,
be
it
by
his
own
good
will
,
or
by
Tempest
;
or
if
he
yeilds
,
and
renders
himself
,
or
stands
to
his
defence
,
every
one
may
arrest
him
,
and
take
his
goods
:
and
by
this
he
hath
a
propertie
in
them
,
and
the
King
shal●
not
have
them
:
and
so
t
was
put
in
ur●
the
same
year
,
betwixt
the
English
and
Scotch
;
and
the
King
himself
bough●
divers
prisoners
and
goods
the
sam●
year
when
Bullen
was
conquered
of
hi●
proper
subjects
.
36.
H.
8
,
B.
Propertie
and
proprietate
probanda
38
,
the
end
.
Who
shall
have
property
in
an
estray●
See
Tit.
Estray
,
Rationabile
Parte
,
&c.
T
Was
said
for
Law
,
Recognizance
.
Agreed
for
clear
Law
in
the
Chancery
;
Time
E.
6.
B.
Recognizance
9.
the
end
.
Note
,
that
it
did
appear
by
search
of
the
Records
of
the
Common
Bench
,
that
the
Justices
of
the
Bench
may
take
and
Record
Recognizance
,
as
well
out
of
Term
,
as
within
Term
;
and
as
well
in
any
County
of
England
,
as
at
Westminster
4.
M.
1.
B.
Recognizance
20.
Note
,
Record
.
A
man
shall
not
pleadia
Record
,
except
it
be
in
the
same
Court
where
the
Record
remains
;
sub
magno
sigillo
Angliae
,
if
it
be
denied
:
for
it
ought
to
come
into
the
Chancery
by
Cerciorare
,
and
there
to
be
exemplified
sub
magno
sigillo
;
for
if
it
be
exemplified
sub
sigillo
de
communi
banco
,
H.
8.
B.
Record.
65.
'T
is
said
that
he
that
pleads
a
recovery
in
a
writ
of
right
in
a
court
baron
in
barre
of
an
Assise
before
the
Justice
of
Assise
,
he
ought
to
shew
it
exemplified
sub
sigillo
cancell
.
otherwise
't
is
no
plea.
But
of
a
Recod
in
the
common
bench
,
he
may
vouch
it
there
,
and
have
day
to
bring
it
in
;
the
same
law
by
B.
of
any
other
court
of
Record
,
Yet
otherwise
in
a
court
baron
,
for
there
't
is
a
recovery
,
but
no
Record
,
for
't
is
not
a
court
of
Record
.
Time
.
H.
8.
B.
Record
.
66.
the
end
.
Note
that
in
the
Kings
bench
they
have
divers
presidents
,
M.
1.
B.
Record.
49.
Recovery
in
value
.
Recovery
against
husband
and
wife
,
by
writ
of
entry
in
the
Post
where
the
wife
is
tenant
in
taile
,
H.
8.
B.
Recovery
in
value
.
27.
Where
a
writ
of
entry
in
the
Post
is
against
tenant
for
terme
of
life
to
bind
the
fee
simple
,
Ideo
quaere
.
23.
H.
8.
B.
Recovery
in
value
27.
the
middle
.
Note
,
that
t'
was
taken
,
if
my
tenant
for
life
vouches
a
stranger
,
H.
8.
B.
Recovery
in
value
.
33.
Note
,
H.
8.
B.
Recovery
in
value
.
27.
the
end
.
Tenant
for
life
,
Monntague
Just.
and
others
,
for
the
recompence
shall
go
to
him
in
remainder
.
But
yet
in
the
case
of
the
Lord
Zouch
and
Stowell
in
the
Chancery
,
the
law
was
determined
otherwise
by
all
the
Justices
.
B.
seems
the
reason
,
because
that
when
he
vouches
a
stranger
,
the
recompence
shall
not
go
to
him
in
remainder
;
contrary
,
if
he
vouches
the
donor
or
his
heir
who
is
privy
.
H.
8.
B.
Recovery
in
value
.
28.
Recovery
against
Feoffees
seised
to
use
in
tailes
.
See
Tit
Feoffements
to
uses
.
'T
is
held
,
that
where
tenant
for
life
is
,
the
remainder
over
in
tail
,
or
for
life
▪
and
the
tenant
for
life
is
impleaded
,
and
vouches
him
in
remainder
who
vouches
over
one
who
hath
title
of
Formedon
,
and
so
the
recovery
passes
by
voucher
,
there
the
issue
of
him
who
hath
title
of
Formedon
may
bring
his
Formedon
,
and
recover
against
the
tenant
for
life
,
for
the
recompence
supposed
shall
not
go
to
the
tenant
for
life
,
and
therefore
he
may
recover
;
for
his
ancestor
warranted
but
the
remainder
,
and
not
the
estate
for
terme
of
life
,
and
therefore
the
tenant
for
life
cannot
bind
him
by
the
recovery
,
H.
8.
B.
Recovery
in
value
.
30.
'T
was
agreed
that
if
tenant
in
taile
the
reversion
to
the
King
,
H.
8.
B.
Recovery
in
value
.
31.
Taile
.
41.
the
end
.
Relation
.
Where
an
office
found
for
the
King
shall
relate
,
where
not
.
See
Tit.
Intrusion
.
Of
the
Relation
of
an
Act
of
Parliament
.
See
Tit.
Parliament
.
Note
,
that
the
attainder
of
Treason
by
Act
of
Parliament
,
shall
not
have
elder
relation
then
to
the
first
day
of
the
Parliament
,
except
it
be
by
speciall
words
that
he
shall
forfeit
his
lands
that
he
had
such
a
day
and
after
.
35.
H.
8.
B.
Relation
.
43.
'T
is
held
for
good
Law
,
Time
.
H.
8.
B.
Relation
.
42.
the
end
.
Relation
of
an
Inrolment
:
See
Tit.
Faitz
inrol
.
Releases
.
Husband
and
wife
purchase
in
fee
,
and
after
they
lease
for
years
by
Indenture
,
and
after
the
husband
releases
to
the
lessee
and
his
heirs
,
this
is
no
discontinuance
,
and
yet
this
gives
a
freehold
to
the
lessee
during
the
life
of
the
husband
;
Per
plures
,
without
doubt
:
29.
H.
8.
B.
Releases
.
81.
G.
Chancery
was
possessed
of
an
Indenture
,
I.
S.
found
it
,
to
whom
the
said
G.
C.
released
all
actions
and
demands
,
and
after
the
said
I.
S.
gave
the
same
Indentrue
to
John
Tison
,
and
after
the
said
G.
C.
brought
in
action
of
detinue
against
the
said
I.
T.
who
pleaded
that
the
said
I.
S.
found
the
Indenture
,
and
that
the
said
G.
C.
released
to
the
said
I.
S.
all
actions
and
demandes
,
and
after
the
said
I.
S.
gave
the
said
Indenture
to
the
said
I.
T.
Judgment
if
action
.
And
t'
was
agreed
in
the
common
Bench
,
the
case
being
of
land
demanded
ibidem
,
that
this
is
a
good
barre
,
and
that
the
release
of
all
demandes
shall
exclude
the
party
of
seisure
of
the
thing
and
of
his
entry
into
the
land
,
Remainder
:
See
Tit.
Discent
:
Remitter
.
No
Remitter
against
an
Act
of
Parliament
.
See
Tit.
Parliament
.
Note
a
Per
curiam
,
If
a
man
hath
a
Tittle
of
entry
,
Non
adjudicatur
.
34.
H.
8.
B.
remitter
50.
Where
a
Devise
shall
take
away
a
discent
,
and
will
not
remit
:
See
Tit:
Devise
.
Repleder
.
T
was
in
use
in
the
Kings
bench
,
B.
repleder
54.
Rescous
,
See
Tit.
Distress
.
Reservations
.
If
a
man
Leases
his
mannor
except
the
wood
,
Baldwine
,
wine
Chief
Justice
of
the
Common-Bench
:
W.
Conigs
'
Just.
33.
H.
8.
B.
Reservations
39.
Restitution
.
A
man
is
attainted
of
Treason
,
Restore
al
primer
action
.
Restored
to
the
first
action
.
If
a
man
enters
▪
where
his
entry
is
not
lawful
,
Restore
al
primer
action
5.
Retorne
de
avers
.
Retorn
of
beasts
.
Note
by
the
opinion
of
the
Court
,
non
suited
in
the
Writ
of
second
deliverance
,
17.
H.
8.
B.
Retorne
de
avers
37.
Second
deliverance
15.
Revivings
.
See
Tit.
Extinguishments
.
Riot
.
Rout
,
and
unlawful
Assembly
.
Note
,
that
Riot
is
where
three
or
more
do
an
unlawfull
act
in
Deed
,
and
execute
it
,
as
to
beat
a
man
,
enter
upon
possession
,
or
the
like
:
unlawfull
Assemblie
is
,
where
a
man
assembles
people
to
do
an
unlawful
act
,
and
doth
not
do
it
,
nor
execute
it
in
deed
.
And
Rout
is
,
where
many
assemble
themselves
for
their
own
quarrel
;
this
is
a
Rout
,
and
against
law
,
though
it
be
not
executed
:
as
inhabitants
of
a
Town
for
to
break
down
a
hedge
,
wall
,
or
the
like
,
to
have
Common
there
or
to
beat
a
man
who
hath
done
to
them
Common
displeasure
,
or
the
like
,
Lecture
B
Riots
5.
Tail
.
REcovery
upon
voucher
against
Tenant
in
tail
,
is
a
bar
by
reason
of
the
recompence
in
value
.
And
a
recovery
b●
writ
of
entry
in
the
post
by
single
voucher
doth
give
but
the
estate
which
the
tenant
in
tail
hath
in
possession
tempor●
recuperationis
,
so
that
if
it
were
in
o●
another
estate
then
the
tail
,
there
the
tail
is
not
bound
against
the
heir
.
But
the
double
voucher
is
to
make
the
tenant
in
tail
to
discontinue
,
and
to
bring
the
writ
of
entry
against
the
feoffee
,
and
then
the
feoffee
shall
vouch
the
tenan●
in
tail
,
and
he
shal
vouch
over
,
and
so
shal
lose
;
and
this
shal
binde
all
interests
and
tails
that
the
vouchee
had
.
23.
H
8.
B.
Tail
32.
Tenant
in
tail
hath
issue
and
asiens
with
warranty
,
B.
Tail
33.
And
if
the
tenant
in
tail
hath
issue
two
sons
,
by
divers
venters
,
and
discontinues
,
and
dies
,
and
an
ancestor
collateral
of
the
eldest
son
releases
with
warranty
,
and
dies
without
issue
,
and
the
eldest
son
dies
without
issue
,
before
〈◊〉
Formedon
brought
,
the
younger
son
may
recover
by
Formedon
;
for
he
is
not
heir
to
the
warrantor
,
and
his
brother
was
not
barred
by
judgement
.
Yet
B.
doubts
thereof
;
for
it
seems
to
him
that
the
discent
of
the
Collateral
warranty
extincts
the
tail
,
But
if
the
eldest
had
been
barred
by
judgement
,
then
clearly
the
younger
is
gon
also
.
24.
H.
8.
B.
Tail
33.
Formedon
18.
Tenant
in
tail
,
the
reversion
to
the
King
,
suffers
a
recovery
operatur●y
●y
it
.
See
Tit.
Discontinuance
de
possession
&
Recovery
in
value
.
If
the
King
gives
lands
in
tail
by
his
Letters
Patents
,
H.
8
B.
Tail
38.
The
King
Tenant
in
Tail
cannot
discontinue
by
grant
by
Patent
.
See
Tit.
Discontinuance
de
Possession
.
Tenant
at
Will.
Note
for
Law
,
that
there
is
no
Tenant
by
sufferance
,
cestuy
que
vie
.
And
Tenant
at
will
is
,
where
a
man
leases
his
land
to
another
at
will
;
for
he
who
enters
of
his
own
head
is
a
Disseisor
.
Time
H.
8.
B.
Tenant
per
copy
.
15.
the
end
.
Tenant
by
Copy
.
Note
,
that
t
was
said
for
Law
,
H
:
8.
B
:
Tenant
per
Copy
24.
Where
a
Stuard
,
or
under-stuard
may
let
by
Copy
,
&
e
contra
,
See
Tit:
Court
baron
.
Note
,
quaere
of
that
.
Tenant
by
sufferance
,
see
Tit:
Tenant
at
Will.
Tender
.
'T
is
said
for
Law
,
that
upon
a
Lease
for
yeers
,
quaere
inde
36
H
:
8.
B
:
Conditions
,
192.
the
end
,
Entre
Congeable
,
2.
the
end
.
Note
that
't
was
agreed
in
the
Serjeants
Case
,
M:
1.
B
:
Tender
,
41.
If
a
man
Leases
for
yeeres
rendring
rent
at
Michaelmasse
,
and
other
Covenants
,
if
hee
bee
bound
in
an
obligation
to
pay
the
rent
precisely
,
there
hee
shall
seeke
the
Lessor
,
but
if
hee
be
bound
to
perform
the
Covenants
,
&c.
The
tender
upon
the
land
sufficeth
;
for
there
the
payment
is
of
the
nature
of
the
Rent
reserved
,
Contrary
in
the
first
Case
,
6
E
:
6.
B
:
Tender
,
20.
Tenures
.
What
shall
bee
a
Tenure
,
and
what
a
Condition
,
see
Tit.
Conditions
.
What
shall
bee
a
Tenure
in
Capite
of
the
King
,
what
not
,
see
Tit.
Liverie
.
A
man
makes
a
Feoffment
of
the
moytie
of
his
Land
,
H
:
8.
B
:
Tenures
64.
Restitution
by
Parliament
revives
a
Seigniory
or
Tenure
which
was
extinct
by
attainder
of
Treason
,
by
Parliament
,
See
Tit.
Extinguishment
.
See
in
the
Exchequer
3
E
:
3.
Ro
:
2.
't
was
found
that
a
man
held
of
the
King
in
Knight
service
in
capite
,
ut
de
honore
suo
de
Rayleghe
,
and
't
was
taken
no
tenure
in
capite
,
but
a
tenure
of
the
honour
;
and
therefore
his
heir
shall
have
ouster
Omaine
of
his
other
Lands
,
in
capite
,
for
then
the
King
shall
have
all
in
Ward
by
his
Prerogative
:
yet
otherwise
't
is
if
the
Honour
be
annexed
to
the
Crown
;
for
then
the
Honour
is
in
capite
.
And
11
H
:
7.
the
Honour
of
Rayleghe
was
annexed
to
the
Crown
;
therefore
now
't
is
in
capite
.
And
where
the
King
gives
Land
to
hold
of
him
by
fealty
,
and
2
d.
pro
omnibus
servitiis
,
this
is
Socage
in
capite
,
for
't
is
of
the
person
of
the
King
,
otherwise
if
it
were
to
hold
ut
de
manerio
de
R.
33.
H
:
8.
B
:
Tenures
94.
'T
is
held
,
(
B
:
Tenures
34.
)
And
a
man
cannot
make
a
Mannor
at
this
day
,
Testament
.
Testament
by
a
Feme
Covert
of
the
assent
of
the
husband
,
See
Tit:
Devise
.
A
man
devises
his
Land
to
I
S
;
W
N
this
shall
be
intended
a
Fee-simple
:
and
if
he
doth
not
pay
it
in
his
life
,
yet
if
his
Heir
or
Executor
pay
it
,
that
suffises
;
Quaere
of
his
Assignee
,
29
H
:
8.
B
:
Testament
:
18.
If
a
man
holds
three
severall
Mannors
of
three
severall
Lords
in
Knight
service
,
and
every
of
them
of
equall
value
;
he
cannot
make
his
will
of
two
of
the
Mannors
,
leaving
the
third
Mannor
to
the
Heir
;
H
:
8.
B
:
Testament
:
19.
Note
,
H
:
8.
B
:
Testament
20.
Note
,
in
capite
,
gives
all
his
Land
to
a
Stranger
,
by
act
executed
in
his
life
,
and
dyes
;
yet
the
King
shall
have
the
third
part
in
Ward
,
and
shall
have
the
Heir
in
Ward
if
he
be
within
age
:
And
if
of
full
age
,
he
shall
have
primer
sesin
of
the
third
part
,
by
vertue
of
that
clause
in
the
Stat:
Saving
to
the
King
Ward
,
Primer
sesin
,
Livery
,
and
the
like
,
by
which
it
appears
that
the
intent
of
the
act
is
,
that
the
King
shall
have
as
much
as
if
the
Tenant
had
made
a
will
,
E
:
6.
B
:
Testament
24.
Note
,
that
't
was
adjudged
betwixt
Vmpton
and
Hyde
,
that
the
explanation
of
the
Statute
of
Wills
,
is
not
to
take
effect
only
from
the
time
of
the
explanation
;
but
the
first
Stat:
which
is
explaned
shall
be
so
taken
ab
initio
:
So
that
the
Wills
of
Vmpton
,
Gainesford
and
others
which
are
excepted
in
the
explanation
,
shall
be
taken
good
by
the
Stat:
M:
1.
B
:
Testament
:
26.
Testmoignes
,
Witnesses
.
The
age
of
Witnesses
in
an
Aetate
probanda
,
is
42
years
,
Lecture
B
:
Testmoignes
30.
the
end
.
Titles
.
Note
that
a
man
shall
make
a
good
title
in
an
Assize
to
say
,
I
N
was
seized
in
Fee
to
the
use
of
T
P
,
which
T
P
infeoffed
the
Plaintiff
,
who
was
seized
and
disseized
,
&c.
without
shewing
what
person
made
the
Feoffment
to
the
use
of
T
P
,
or
how
the
use
commenced
,
36
H
:
8.
B
:
Titles
61.
Travers
of
Office
.
'T
is
said
for
Law
,
that
none
can
traverse
,
H
:
8.
B
:
Traverse
d'
Office
48.
'T
was
found
that
I
S
dyed
seized
,
by
which
W
S
his
son
comes
,
and
saith
that
the
said
I
S
in
his
life
was
seized
in
Fee
,
and
infeoffed
A
B
in
Fee
,
to
the
use
of
the
said
I
S
and
his
Heirs
,
and
dyed
;
and
after
by
the
Stat:
of
uses
27
H
:
8.
he
was
seized
in
possession
without
that
that
I
S
his
father
dyed
seized
pro
ut
,
&c.
and
a
good
traverse
:
And
a
Termor
cannot
traverse
an
Office
by
the
Common-Law
,
monstrans
de
droit
,
and
ouster
L'main
the
King
,
29
H
:
8.
B
:
Travers
d'
Office
50.
Where
a
man
shall
have
a
Petition
,
where
traverse
,
See
Tit:
Petition
.
Where
the
King
hath
no
other
title
but
by
false
Office
,
H
:
8.
B
:
Travers
d'
office
51.
the
end
.
Where
a
Tenure
is
found
of
the
King
ut
de
Ducat
:
suo
Lancastrie
,
which
in
truth
is
false
;
yet
this
need
not
to
be
traversed
,
for
the
King
hath
this
Duchy
as
Duke
,
not
as
King
;
and
a
man
shall
not
be
put
to
traverse
but
where
the
Office
is
found
for
the
King
,
ut
pro
rege
Angliae
,
for
then
he
hath
a
prerogative
,
and
as
Duke
none
,
1
E
:
6.
B
:
Travers
d'
Office
53.
Non-suit
or
relinquishing
of
a
traverse
is
peremptory
;
contra
of
Non-suit
in
a
Petition
;
and
the
Judgement
of
traverse
is
no
other
,
Lecture
B
:
Travorse
d'
Office
54.
Travers
by
,
&c.
What
thing
shall
be
traversable
,
what
not
,
See
Tit:
Issues
joynes
.
Action
for
making
false
clothes
in
Bartholomew-Fair
,
contrary
to
the
Stat:
The
other
saith
,
that
he
made
them
well
and
truly
at
D
in
the
County
of
F
without
that
that
he
made
them
in
Bartholomew-Fair
in
L
,
pro
ut
,
&c.
and
a
good
Plea
,
35
H
:
8.
B
:
Travers
by
,
&c.
368.
If
in
Assize
the
Tenant
Pleads
that
his
Father
was
seized
in
Fee
,
H
:
8.
B
:
Travers
by
,
&c.
26.
the
end
.
Information
in
the
Chequer
:
H
:
8.
B
:
Travers
by
,
&c.
369.
Tender
not
traversable
in
a
Writ
of
●ntrusion
,
maritagio
non
satisfac
:
for
the
single
value
,
See
Tit:
Forfeiture
of
marriage
.
Trespas
:
The
Defendant
said
,
that
I
N
was
seized
in
Fee
,
and
leased
to
him
for
twenty
one
years
,
and
gave
colour
;
the
Plaintiff
said
,
that
his
father
was
seized
and
dyed
seized
,
&c.
and
●he
entred
and
was
seized
untill
the
Trespas
,
absque
hoc
quod
dictus
J
N
aliquid
habuit
tempore
dimissionis
,
and
a
bad
traverse
;
I
N
was
seized
in
Fee
modo
&
forma
pro
ut
,
&c.
in
Communebanco
,
4
E
:
6.
B
:
Travers
per
372.
Assize
.
I
S
was
seized
and
gave
in
tayl
to
his
father
,
who
infeoffed
W
N
who
infeoffed
the
Tenant
,
upon
whom
A
B
entred
and
infeoffed
the
grandfather
of
the
Plaintiff
,
whose
Heir
he
is
in
Fee
,
who
dyed
seized
,
and
the
Land
discended
to
the
Plaintiff
,
&
so
he
was
in
in
his
Remitter
,
until
by
the
Defendant
disseized
:
And
in
truth
A
B
never
entred
,
nor
never
infeoffed
the
Grandfather
;
and
yet
't
was
held
cleerly
,
that
the
Tenant
in
his
barr
to
the
title
,
cannot
traverse
the
Feoffment
of
A
B
,
but
ought
to
traverse
the
dying
seized
of
the
grand-father
of
the
Plaintiff
which
remitted
him
,
for
this
binds
the
entry
of
the
Tenant
,
and
is
the
most
notable
thing
in
the
title
,
4
E
:
6.
B
:
Travers
per
154.
Trespas
.
modo
&
forma
pro
ut
,
&c.
Time
:
E
:
6.
B
:
Travers
per
217.
the
end
.
Place
not
traversable
,
See
Tit:
Attaint
,
Treason
.
A
Chaplaine
had
affixed
an
ancient
seale
to
a
Patent
of
non-residenee
,
H
:
8.
B
:
Treason
,
3.
the
end
,
5.
Note
,
that
in
January
this
yeere
,
H
:
Howard
Earle
of
Surrey
,
sonne
and
Heir
apparent
of
Thomas
Duke
of
Norfolke
,
was
attainted
of
high
Treason
,
for
joyning
the
Armes
of
England
before
the
Conquest
,
and
other
Armes
after
to
his
owne
Armes
;
and
other
pretences
against
the
Prince
;
and
hee
was
tryed
by
Knights
and
Gentlemen
,
and
not
by
Lords
;
nec
per
pares
regni
,
because
that
hee
was
not
Earle
by
creation
,
but
by
Nativity
as
Heir
apparent
of
a
Duke
,
H
:
8.
B.
Treason
,
2.
'T
was
agreed
that
for
misprision
of
Treason
,
or
if
a
man
knowing
counterfeit
money
,
and
imports
it
out
of
Ireland
into
England
,
and
utters
it
in
payment
or
the
like
,
a
man
shall
lose
his
goods
for
ever
,
and
the
profits
of
his
Land
,
for
his
life
,
and
shall
be
imprisoned
for
term
of
life
,
E
:
6.
B
:
Treason
19.
the
end
.
Note
that
it
appeares
by
divers
Records
and
Presidents
that
these
words
(
compas
or
imagine
the
death
of
the
King
)
are
large
words
,
Time
H
:
8.
&
E
:
6.
And
the
detayner
of
a
Castle
,
Fortresse
or
the
like
,
against
the
King
,
is
levying
of
warre
against
him
,
all
which
words
(
levying
of
warre
,
and
the
others
afore
)
are
in
the
Statute
of
25
E
:
3.
And
adhering
to
the
Enemies
of
the
King
,
ibm
:
ayding
and
strengthening
them
,
M
:
1
B
:
Treason
,
24.
'T
was
agreed
in
Parliament
that
for
misprision
of
Treason
,
the
Fine
used
to
bee
the
forfeiture
of
all
his
goods
,
and
the
profits
of
all
his
Land
for
his
life
,
and
his
body
imprisoned
ad
voluntatem
Regis
,
for
misprision
is
finable
,
2
M:
1.
B
:
Treason
,
25.
the
end
.
Note
,
that
if
an
alien
borne
of
a
Countrey
which
is
in
amity
and
peace
with
this
Realme
,
comes
into
the
Realme
with
English
Traytors
,
and
levies
warre
,
this
is
Treason
in
all
;
contrary
,
if
the
Country
of
the
alien
were
in
warre
against
England
,
for
then
the
alien
may
bee
killed
by
Marshall
Lawe
,
4
M:
1.
B
:
Treason
,
32.
Trespas
.
Note
,
that
in
the
Register
amongst
the
Writs
of
Trespas
,
there
are
many
Writs
of
Trespas
,
quare
vi
&
armis
equum
suum
apud
D
inventum
cepit
&
effugavit
,
quare
clausum
fregit
,
3
M:
1.
B
:
Tenants
,
421.
Tryall
.
Peere
of
the
Realme
shall
bee
tryed
by
his
Peeres
,
if
hee
bee
arraigned
upon
an
Indictment
;
Sussex
,
33
H
:
8.
B
:
Jurors
,
48.
the
end
,
Tryalls
,
142.
Note
that
in
a
Court
Baron
the
tryall
is
by
wager
of
Law
,
per
Patriam
,
33
H
:
8.
B
:
Trialls
,
143.
Note
that
a
Bishop
is
a
Peere
of
the
Realme
,
and
shall
bee
tryed
per
pares
suos
upon
an
arraignment
of
a
Crime
,
and
so
put
in
use
;
therefore
Knights
shall
be
of
the
Jury
,
and
if
not
the
Panel
shall
be
quashed
;
yet
see
27
H.
8.
that
the
Bishop
of
Rochester
was
not
tryed
by
his
Peers
,
2
M.
1.
B.
Trials
142.
the
end
.