AN
ABRIDGEMENT
,
OF
THE
REPORTS
OF
Sir
FRANCIS
MOORE
Knight
,
Serjeant
at
Law
.
Mich.
1.
Hen.
7.
Capell
and
Churches
Case
.
A
Writ
of
Right
Patent
in
the
Court
of
the
Castle
of
Rising
of
the
King
,
was
directed
Balivis
suis
de
Rising
,
whereas
the
proceedings
were
senatoribus
Curiae
,
held
good
;
because
the
Paylifs
are
to
make
the
Sommons
;
and
the
suitors
Justice
:
Capell
and
Aprices
Case
.
2.
Replevin
.
The
Defendant
avowed
,
That
A.
and
B.
held
the
Mannor
of
H.
and
divers
Lands
of
the
Bishop
of
London
,
parcel
of
the
Bishops
Castle
of
S.
by
Homage
,
Fealty
,
Escuage
,
and
by
the
Rent
for
Castleguard
,
&
pro
reddit
.
auxil
.
Vic.
The
Defendant
pleaded
,
That
the
Castle
was
utterly
decayed
;
and
as
to
the
auxil
.
Vic.
demurred
in
Law
;
The
Plantiff
was
Nonsuit
,
but
the
Rents
are
still
paid
to
the
Bishop
,
though
the
Castle
be
decayed
.
Cleydon
and
Spensers
Case
.
3.
Resolved
,
That
if
an
Executor
,
with
his
own
proper
monies
pay
a
debt
due
by
the
Testator
,
he
may
retain
so
much
of
the
value
of
the
goods
of
the
Testator
in
his
hands
.
Case
of
the
Sheriffs
of
London
.
4.
The
Custome
of
London
is
:
That
if
a
Villein
remaineth
in
the
City
by
the
space
of
a
year
and
a
day
,
without
any
Claime
made
of
him
,
he
may
all
time
during
his
life
,
live
in
the
City
Free
.
5.
Resolved
by
the
Justices
,
That
that
which
is
written
after
the
words
In
cujus
rei
Testimonium
,
is
parcel
of
the
deed
,
aswell
as
that
which
is
written
before
it
.
6.
Resolved
;
It
is
no
principal
Challenge
,
That
a
Juror
is
endebted
either
to
the
Plaintiff
or
Defendant
.
7.
Resolved
;
In
a
Replevin
:
That
one
of
the
Jurors
was
Steward
of
the
Mannor
to
the
avowant
,
is
a
principal
Challenge
.
8.
Two
are
bound
each
to
other
to
stand
to
the
award
of
Arbitrators
;
They
award
that
the
one
shall
make
a
Lease
for
years
to
the
other
,
rendering
Rent
to
the
Lessor
;
the
Lease
is
made
,
the
Rent
is
not
paid
;
adjudged
,
the
Bond
is
not
forfeit
;
because
Distresse
,
or
Debt
,
are
proper
remedies
for
the
Rent
;
contr.
if
it
be
awarded
,
the
Lessee
should
pay
the
Rent
.
9.
Debt
for
not
performance
of
an
Arbitrament
;
Adjudged
,
It
is
no
plea
generally
,
That
he
hath
performed
it
;
but
he
must
show
how
he
hath
performed
it
.
10.
Resolved
;
It
is
a
good
Challenge
to
one
of
the
4.
Knights
who
come
to
impannel
the
Grand
Assise
,
that
one
of
them
is
maried
to
the
Plantiffs
daughter
,
and
the
other
3.
shall
try
it
.
11.
If
a
submission
be
,
de
jure
titulo
&
possessione
of
certain
Lands
,
The
Arbitrators
cannot
award
that
one
of
the
parties
shall
procure
the
Lord
of
the
Mannor
to
grant
a
Copy
,
holdor
that
a
stranger
shall
release
,
because
out
of
the
submission
.
Frances
Case
.
12.
Resolved
,
That
the
King
by
his
Letters
Patents
cannot
grant
the
Lands
of
a
Lunatique
to
another
,
to
take
the
profits
to
his
own
use
,
because
the
King
himself
is
not
entitled
to
them
for
his
own
use
,
but
for
the
use
of
the
Lunatique
his
Issues
,
Wife
,
&c.
Otherwise
it
is
of
an
Ideot
,
for
then
the
King
hath
the
profits
to
his
own
use
,
making
allowance
to
the
Idiot
for
his
keeping
.
Levet
and
Lewknors
Case
.
13.
An
Executor
recovered
in
Debt
and
then
dies
Intestate
,
and
the
Ordinary
commits
Administration
,
de
bonis
non
,
&c.
Resolved
,
the
Administrator
shall
not
have
a
scire
fac
.
upon
the
Judgement
;
but
a
new
Action
of
Debt
as
Administrator
to
the
first
Intestate
.
Sir
Godfrey
Foliambs
Case
.
14.
Quare
Imp.
The
Case
was
,
A.
seased
of
the
Mannor
of
D.
to
which
Mannor
an
Advouson
was
Appendent
,
granted
the
next
Avoydance
to
B.
and
D.
&
eorum
cuilibet
conjunctim
&
divifim
haered.
executor
.
&
assignis
suis
.
The
Church
voyd
:
B.
presents
D.
to
the
Church
,
adjudged
That
the
presentment
of
him
was
good
,
though
he
was
one
of
the
Granters
.
15.
The
Husband
is
entitled
to
Land
in
the
Right
of
his
Wife
;
Resolved
,
The
Husband
alone
without
joyning
the
Wife
in
the
Writ
,
shall
have
an
Action
upon
the
Statute
of
8.
H.
6.
because
the
words
of
the
Statute
are
Expulit
&
disscisivit
.
16.
A
man
was
indicted
for
a
Robbery
done
in
the
Foot
way
,
leading
from
London
to
Islington
;
Resolved
,
That
he
should
have
his
Clergy
,
because
the
Indictment
is
not
of
a
Robbery
in
alta
via
regia
,
nor
in
the
High
way
,
but
in
a
Foot
way
.
Vaughan
and
Lord
Burghs
Case
.
17.
In
a
Writ
of
Prohibition
,
there
wanted
the
word
(
Ostensurus
)
Resolved
,
though
after
Issue
joyned
,
that
the
Writ
was
amendable
by
the
Statute
.
Baker
and
Brooks
Case
.
18.
A
Parson
granted
an
Annuity
of
5
l.
issuing
out
of
his
Rectory
pro
Consilio
impenso
to
I.
S.
Habend
.
&
recipiend
,
to
the
said
I.
S.
and
his
Assignes
.
The
said
I.
S.
granted
it
over
to
I.
D.
Resolved
,
That
the
grant
of
the
Annuity
was
good
:
and
the
Assigne
may
have
Debt
for
it
.
19.
Wast
was
brought
against
Lessee
for
years
:
He
pleaded
in
Barre
,
an
Accord
which
was
executed
;
Adjudged
to
be
a
good
plea.
20.
Resolved
by
the
Justices
;
That
the
Master
cannot
Sollicite
,
Counsel
,
nor
give
Mony
to
Counsel
in
an
Action
brought
against
his
Servant
,
for
his
Servant
;
but
yet
he
may
give
what
is
due
to
his
Servant
for
his
Wages
to
Counsel
for
their
Fees
,
and
it
is
not
maintenance
.
21.
Resolved
,
That
the
Lord
in
Ancient
Demesne
shall
have
a
Writ
of
Disceit
,
after
a
Fine
levyed
,
and
the
Kings
Silver
paid
.
22.
If
one
comes
to
a
Justice
of
Peace
,
and
complains
that
I.
S.
is
a
Felon
,
and
hath
stolen
certain
goods
,
and
the
Justice
commands
the
party
who
complaines
,
to
be
at
the
next
Sessions
and
prefer
a
Bill
of
Indictment
against
the
Felon
,
and
give
Evidence
against
him
who
doth
accordingly
;
Adjudged
,
That
neither
he
,
nor
the
Justice
shall
be
punished
in
Conspiracy
:
although
I.
S.
the
Felon
be
acquitted
.
23.
A
man
made
a
Lease
for
40.
years
by
Deed
,
and
in
the
Deed
Covenanted
and
granted
to
the
Lessee
,
that
he
might
take
Convenient
Housebote
,
Firebote
,
&c.
in
his
whole
Wood
called
S.
within
the
Parish
of
S.
which
Wood
was
other
Lands
,
and
not
parcel
of
the
Land
Leased
.
Resolved
,
the
grant
was
good
,
and
the
Lessee
should
have
it
during
the
Term
,
and
his
Executors
shall
take
the
same
as
his
Assignes
,
and
the
grant
shall
not
restrain
him
,
but
that
he
shall
have
Housebote
,
Firebote
,
also
in
the
Lands
Leased
to
him
.
24.
A
man
seised
of
a
Mannor
parcell
in
Demesne
and
parcell
in
service
deviseth
to
his
Wife
for
life
,
all
the
Demesne
Lands
,
and
all
the
services
and
chief
Rents
for
15.
years
;
and
deviseth
the
whole
Mannor
to
another
after
the
death
of
the
Wife
.
Resolved
,
That
the
Deviser
should
not
take
any
effect
for
any
part
of
the
Mannor
,
till
after
the
death
of
the
Wife
,
and
that
the
Heir
of
the
devisor
after
the
15.
years
spent
,
and
during
the
life
of
the
Wife
,
should
have
the
services
and
cheif
Rents
.
25.
Tenent
in
Dower
makes
a
Lease
for
years
rendring
Rent
,
and
takes
Husband
,
the
Rent
is
behind
,
the
Husband
dyes
;
Adjudged
,
his
Executos
shall
have
the
Rent
.
26.
A
man
destrains
for
10
l.
Rents
due
at
Mick
.
Cattel
which
were
not
of
the
value
of
40
s.
and
afterwards
destrains
for
the
Residue
.
Adjudged
he
cannot
avow
,
for
the
distresse
is
not
good
;
and
it
was
his
folly
so
to
distrain
.
But
if
a
man
be
behind
of
hi●
Rent
at
several
dayes
,
and
he
take
a
distresse
for
one
day
at
one
time
,
an●
for
another
day
at
another
time
,
it
is
good
.
27.
Resolved
,
That
a
Custome
,
That
a
Lessee
for
years
,
may
hold
the
Land
for
half
a
year
after
his
Term
ended
,
is
no
g●o●
Custome
.
But
the
Lord
of
a
Copyhold
may
by
Custome
Lease
th●
same
for
life
and
40.
years
after
:
and
it
is
good
.
28.
Upon
an
Extent
,
the
Sheriff
returned
that
he
hath
extended
a
Tenement
at
20
s.
paid
;
but
doth
not
make
mention
of
any
House
Land
,
nor
pasture
which
should
make
the
Tenement
;
Adjudged
the
nor
Extent
was
void
for
the
incertainty
.
29.
If
a
man
be
Robbed
,
and
afterwards
for
mony
he
agree●
with
the
Felon
,
that
he
will
not
give
evidence
against
him
,
for
which
the
Felon
Escapes
,
It
was
doubted
whether
he
was
accessary
to
the
Felon
;
But
it
was
agreed
,
That
if
after
the
Robbery
,
h●
pursue
the
Felon
and
take
his
goods
of
which
he
was
Robbed
,
and
so
suffer
the
Felon
to
escape
,
the
same
is
a
Concealment
of
the
Felony
,
but
he
is
not
Accessary
to
it
.
30.
A
Women
Tenent
in
Tail
makes
a
Lease
for
years
to
her
Husband
and
dyes
,
The
Husband
being
Tenent
by
the
Curtesie
surrenders
to
the
Issue
;
Adjudged
,
the
Issue
shall
avoid
the
Lease
.
31.
A
man
says
,
I
will
you
shall
have
a
Lease
for
21.
years
of
my
Land
in
D.
paying
10
s.
Rent
,
make
a
Lease
in
Writing
and
I
will
seal
it
;
Adjudged
,
It
is
a
good
Lease
in
years
by
paroll
,
though
no
Writings
be
made
of
it
.
32.
Land
was
let
to
I.
S.
Habend
.
to
him
for
life
and
for
the
lives
of
I.
his
Wife
and
his
Son
.
Quaere
What
estate
I.
S.
shall
have
?
and
if
there
shall
be
an
Occupancy
in
the
Case
.
It
was
not
Resolved
.
33.
If
my
keeper
of
my
Park
will
not
serve
a
Warrant
which
I
send
him
,
nor
suffer
it
to
be
served
:
Resolved
it
is
no
forfeiture
of
his
Office
,
but
only
a
Disobedience
and
a
Misfeasance
,
which
is
not
a
forfeiture
:
But
cutting
down
of
Trees
is
a
forfeiture
of
his
Office
.
34.
A
man
made
a
Lease
for
years
,
the
Leasor
sold
the
Trees
growing
upon
the
Lands
,
the
vendor
cut
them
down
;
The
Cattel
of
the
Lessee
which
were
in
the
Close
destroyed
the
springs
:
Resolved
,
That
the
Leaser
could
not
take
the
Trees
growing
upon
the
Land
;
and
it
was
a
wrong
in
him
to
cut
them
down
,
and
it
is
not
reason
that
he
should
by
his
own
wrong
should
compel
the
Lessee
to
enclose
the
Lands
:
wherefore
Adjudged
it
was
no
Wast
.
35.
In
a
Replevin
,
the
Plantiff
being
Lessee
for
years
prayd
in
aid
of
his
Leasor
,
and
upon
Issue
joyned
upon
a
false
verdict
it
was
found
for
the
Avowant
.
The
Plantiff
and
the
prayee
in
aid
joyned
in
Attaint
;
and
pendent
the
Attaint
,
the
prayee
in
aid
which
was
his
Lessor
dyed
:
Resolved
,
That
the
Writ
should
abate
;
for
the
prayee
is
dead
who
ought
to
recover
the
Reversion
by
the
Attaint
;
and
his
Heir
should
be
at
great
mischief
,
If
the
Attaint
be
found
against
the
then
Plaintiff
,
who
then
should
louse
his
Reversion
.
36.
Resolved
by
the
Court
,
That
if
an
Obligation
or
a
grant
be
raised
after
the
ensealing
of
it
,
it
is
void
;
but
it
is
otherwise
of
an
Indenture
,
if
it
agreeth
in
words
with
the
other
Indenture
:
and
it
was
agreed
If
a
man
be
bounden
in
an
Obligation
which
is
rased
,
and
the
Obligation
is
endorsed
with
a
Condition
to
perform
the
Covenants
in
an
Indenture
;
and
the
Indenture
expresserh
the
debt
,
notwithstanding
the
rasure
of
the
Obligation
;
the
Plantiff
must
shew
the
Indenture
to
prove
the
Bond
good
.
37.
Action
upon
the
Case
for
words
,
viz.
Thou
art
a
False
Knave
,
a
Wretch
,
and
a
Whoremonger
;
Adjudged
actionable
,
although
for
the
word
Whoremonger
he
might
have
his
remedy
in
the
Spiritual
Court
.
38.
A
man
hath
Issue
a
Bastard
,
and
after
marryes
the
same
Woman
,
and
hath
Issue
by
her
,
divers
Sons
;
and
then
deviseth
all
his
Goods
to
his
Children
.
Quaere
,
If
the
Bastard
shall
take
by
the
Devise
;
But
if
the
Mother
of
the
Bastard
make
such
a
Devise
,
It
is
clear
the
Bastard
shall
take
;
because
he
is
known
to
be
the
Child
of
the
Mother
.
39.
Lessee
for
years
,
Proviso
he
shall
not
assign
the
Term
,
nor
any
parcel
of
it
,
without
the
assent
of
the
Lessor
.
Resolved
,
He
cannot
give
,
grant
or
sell
it
without
assent
of
the
Lessor
.
But
agreed
,
That
the
Executors
of
the
Lessee
may
assign
it
without
assent
of
the
Lessor
.
40.
Resolved
,
That
if
the
Lessor
makes
a
Letter
of
Attorney
to
his
Lessee
for
years
to
make
Livery
of
the
Land
in
Lease
to
a
Stranger
,
who
doth
it
accordingly
:
That
it
is
not
a
surrender
of
his
Term
,
for
he
doth
not
make
the
Livery
in
his
own
right
,
but
as
Servant
to
his
Lessor
,
and
by
his
authority
.
41.
Resolved
,
That
if
the
Lessor
infeoff
a
Stranger
,
and
makes
Livery
,
the
Lessee
for
years
being
upon
the
Land
,
who
agrees
to
it
,
It
shall
enure
as
an
Attornment
,
and
not
as
a
Surrender
:
but
if
the
Lessee
be
not
upon
the
Land
,
then
it
is
not
a
Feoffment
;
and
when
the
Lessee
enters
again
he
shall
have
his
Term
,
and
the
Feoffee
the
Reversion
;
and
if
the
Lessee
be
upon
the
Land
,
and
denyes
the
Lessor
to
make
Livery
,
notwithstanding
that
Livery
be
made
,
nothing
passeth
by
the
Feoffment
,
nor
is
a
grant
of
the
Reversion
.
42.
Lessee
for
life
of
a
Mannor
seizeth
an
Estray
and
dyeth
before
the
year
and
the
day
passed
.
Resolved
,
the
Executors
of
the
Lessee
shall
have
it
,
and
not
he
in
the
Reversion
;
for
although
the
Lessee
had
not
an
absolute
propriety
in
it
during
his
life
,
yet
when
the
year
is
past
,
the
property
shall
have
relation
to
the
time
of
the
Seizure
.
1
,
&
2
Ma.
Stapleton
and
Trewlocks
Case
.
43.
Debt
by
Executors
of
I.
S.
against
A.
Trewlock
,
Administratrix
of
Rich.
Trewlock
.
The
Will
was
,
That
the
Testator
made
the
Plaintiff
and
Rich.
Trewlock
his
Executors
;
but
said
further
in
his
Will
,
I
will
my
Friend
Rich.
T.
shall
pay
to
my
other
Executor
all
such
debts
as
he
oweth
me
before
he
shall
meddle
with
any
thing
of
this
my
Will
,
by
reason
I
have
made
him
one
of
my
Executors
for
the
discharge
of
the
said
Debt
.
The
Defendant
averred
Trewlock
in
the
Will
,
and
Trewlock
the
Intestate
to
be
one
and
the
same
Person
,
and
said
,
He
in
his
life
had
paid
to
the
Executor
the
debt
in
demand
,
and
all
other
debts
which
he
owed
at
the
time
of
the
death
of
the
Testator
.
Adjudged
,
that
the
Dfendants
plea
was
not
good
,
because
she
ought
to
have
pleaded
an
Acquittance
of
the
said
debt
;
for
that
payment
without
an
Acquittance
is
no
plea
;
and
for
the
other
Debts
she
ought
to
have
shewed
them
certain
,
and
pleaded
payment
of
them
;
and
she
should
have
shewed
that
T.
administred
with
the
other
Executor
.
Agar
and
Bishop
of
Peterborough's
Case
.
44.
Quare
Imp.
And
for
Title
to
the
Avoidance
the
Statute
of
21
Hen.
8.
taking
a
second
Benefice
with
Cure
was
pleaded
;
Issue
was
upon
the
Induction
.
By
which
it
seemed
to
be
admitted
,
That
Admission
and
Institution
did
not
make
the
first
Benefice
void
without
Induction
.
45.
Resolved
,
That
upon
an
Appeal
of
Manslaughter
,
the
Party
may
challenge
20.
peremptorily
,
as
well
as
upon
an
Indictment
.
46.
Upon
an
Habere
facias
seisinam
upon
Recovery
of
Dower
of
3.
Mannors
.
Resolved
,
The
Sheriff
cannot
give
her
seisin
of
one
Mannor
;
but
he
must
give
her
seisin
of
the
third
part
of
every
Mannor
.
But
if
the
Recovery
be
of
all
Lands
,
viz
Meadow
,
&c.
Pasture
;
the
Sheriff
may
assign
her
her
Dower
in
the
Meadow
only
.
The
Queen
and
Deans
Case
.
47.
Writ
of
Disceit
by
the
King
and
Queen
upon
a
Fine
levyed
by
C.
to
D.
of
Lands
in
antient
Demesne
,
who
rendred
to
C.
for
life
,
reversion
to
K.
D.
dyed
pendent
the
Writ
.
Resolved
,
The
Writ
shall
not
abate
,
because
it
is
in
the
nature
of
a
Trespasse
,
which
doth
not
demand
the
Land
,
but
is
to
punish
the
Disceit
.
Tuck
and
Frenchman's
Case
.
48.
A.
seized
of
Lands
in
Fee
holden
in
soccage
,
devised
the
same
to
C.
F.
and
the
Heirs
males
of
his
body
;
and
if
he
dyed
without
Heirs
males
of
his
body
,
the
Remainder
,
&c.
C.
F.
dyed
without
Issue
male
of
his
body
.
Resolved
,
That
C.
F.
had
not
general
tail
,
but
special
tail
to
him
and
the
Heirs
males
of
his
body
.
Joslin
and
Chelstons
Case
.
49.
Assumpsit
,
In
consideration
of
a
Marriage
of
the
Son
of
the
plaintiff
with
the
Defendants
Daughter
;
the
Defendant
assumed
to
pay
to
the
Plaintiff
40
l.
in
7.
years
next
following
by
equal
portions
;
Found
upon
Non
Assumpsit
for
the
Plaintiff
;
and
because
one
of
the
7.
years
was
to
come
at
the
time
of
Action
brought
,
the
Judgement
was
stayed
.
3
,
&
4.
Ma.
Eaton
Colledge
Case
.
50.
A
Lease
was
made
by
the
Dean
and
Chapter
of
the
Colledge
was
of
Eaton
,
whereas
they
were
incorporated
by
the
name
of
Dean
and
Chapter
of
the
Colledge
of
St.
Maryes
of
Eaton
.
Resolved
the
Lease
was
void
for
the
Misnosmer
.
Stokes
and
Porters
Case
.
51.
Debt
upon
an
Obligation
against
the
Defendant
,
Executor
of
I.
S.
who
pleaded
that
he
was
not
Executor
,
nor
administred
as
Executor
;
It
was
found
that
he
received
a
Debt
of
7
l.
which
was
due
to
the
Testator
,
and
made
an
Acquittance
thereof
,
and
took
possession
of
other
Goods
of
the
Testator
,
and
converted
them
to
his
own
use
.
Adjudged
,
That
it
was
an
Administration
.
Hill.
2
Eliz.
Helior
and
Okedens
Case
.
52.
A
Lease
was
made
to
I.
S.
of
the
Mannor
of
F.
Habend
.
from
Mich.
last
past
for
20.
years
;
and
by
the
same
Deed
it
was
agreed
,
That
after
hold
expiration
of
the
20
years
that
the
said
Lessee
,
his
Wife
and
their
Son
should
have
,
hold
and
enjoy
the
Mannor
,
Habend
.
for
their
lives
,
&
cuilibet
diutius
vivent
,
and
he
made
a
Letter
of
Attorney
to
make
Livery
secundum
formam
of
the
said
Grant
and
Lease
.
Resolved
,
If
the
Deed
was
delivered
by
the
Attorney
,
and
Livery
made
at
one
time
,
it
was
a
good
Lease
for
years
,
with
a
Remainder
for
their
Lives
:
but
if
the
Deed
was
first
delivered
by
the
Lessor
to
the
Lessee
,
and
after
Livery
and
Seisin
by
the
Attorney
,
there
the
Livery
was
void
.
Thorn
and
Rolfes
Case
.
53.
Dower
.
The
Defendant
pleaded
that
the
Husband
of
the
Demandant
was
alive
at
Canterbury
,
in
Com.
Kent
.
The
Defendant
said
,
her
Husband
dyed
at
F.
in
the
Parish
of
P.
in
the
said
County
of
K.
upon
which
they
were
at
Issue
;
Day
given
to
make
Proofs
,
the
Plaintiffe
examined
her
Witnesses
in
Court
;
the
Defendant
examined
no
Witnesses
,
Judgement
was
,
the
Plaintiffe
should
●●cover
her
Dower
.
Hill.
3
Eliz.
Corket
and
Sheldons
Case
.
54.
A.
in
consideration
of
a
Marriage
intended
betwixt
him
and
B.
by
Deed
covenants
with
S.
to
execute
an
Estate
in
Fee
to
the
use
of
the
said
A.
for
life
,
and
after
to
the
use
of
the
said
B.
for
by
and
untill
the
Son
,
or
one
of
the
Sons
of
the
said
A.
of
the
body
of
the
said
B.
begotten
,
shall
accomplish
the
age
of
21.
years
.
The
Marriage
takes
effect
.
A.
dyed
without
Issue
between
them
,
and
before
any
Issue
had
.
Resolved
,
That
B.
had
a
good
Estate
for
life
before
any
Issue
,
and
in
Case
there
was
no
Issue
.
But
if
there
had
been
Issue
which
had
accomplisht
21.
years
,
the
Estate
of
B.
had
been
abridged
.
3
,
&
4
Eliz.
in
C.
B.
Gower
and
Andrews
Case
.
55.
In
Trespass
for
cutting
down
of
Trees
;
the
Case
was
,
A.
a
Woman
in
her
Widdow-hood
by
Indenture
bargained
and
sold
to
B.
and
C.
all
those
Woods
,
Underwoods
and
Hedgerowes
,
as
have
accustomedly
been
used
to
be
fallen
and
sold
,
standing
,
growing
and
being
in
,
upon
and
within
the
Mannor
of
D.
to
have
and
to
hold
for
the
life
of
the
said
A.
B.
dyed
,
C.
survived
,
and
cut
down
by
vertue
of
the
said
Bargain
the
VVoods
and
Underwoods
growing
and
standing
at
the
time
of
the
making
of
the
said
Deed.
Resolved
upon
this
Bargain
,
when
the
Vendee
had
once
cut
down
the
Woods
and
Underwoods
,
that
he
could
not
cut
them
again
,
if
Woods
were
standing
and
growing
;
notwithstanding
the
words
in
the
Grant
,
viz.
To
Have
,
&c.
for
the
life
of
the
said
A.
Wilson
and
Wise
Case
.
56.
In
Trespass
for
taking
of
his
Cow
:
The
Defendant
justified
that
he
was
seised
and
held
of
I.
S.
as
of
his
Mannor
of
C.
by
Fealty
,
rent
&
suit
of
Court
of
I.
S.
And
that
within
the
said
Mannor
the
Custom
was
,
That
the
Lord
of
the
Mannor
time
out
of
mind
,
&c.
after
the
death
of
every
Tenant
of
any
Messuage
,
or
Tenements
of
the
said
Mannor
dying
seised
,
used
to
seise
the
best
Beast
of
the
Tenants
found
within
the
Mannor
for
an
Heriot
;
and
if
the
Tenant
had
no
Beast
,
or
if
it
were
esloyned
out
of
the
Mannor
before
the
Lord
seized
it
,
Then
the
Lord
had
used
to
seise
the
best
Beast
Levant
and
Couchant
upon
the
Messuage
,
Lands
and
Tenements
.
It
was
demurred
upon
the
Custom
,
and
it
was
adjudged
that
the
Custome
was
void
and
unreasonable
;
and
Judged
for
the
Plaintiff
.
57.
An
Infant
by
his
Prochin
Amy
brought
a
Scire
facias
to
execute
a
Plea
by
Fine
limited
to
his
Grandmother
.
The
Defendant
prayed
that
the
Attainder
might
demur
.
Resolved
it
should
not
:
But
if
the
Defendant
had
pleaded
the
Deed
of
the
Ancestour
of
the
Infant
in
Barre
,
there
the
Plea
should
have
stayed
.
3
Eliz.
Austin
and
Bakers
Case
.
58.
Attaint
was
brought
into
the
Common
Pleas
upon
the
Statute
of
23
E.
3.
cap.
3.
against
the
Executors
of
I.
S.
and
the
Terre
Tenants
:
and
adjudged
it
was
well
brought
,
although
the
Statute
is
that
the
Attaint
shall
be
between
the
Parties
of
the
first
Judgement
.
59.
A
Subsidy
is
granted
by
Parliament
,
That
every
one
who
expends
in
Land
above
20
s.
shall
pay
.
A
man
is
assessed
,
and
before
payment
he
dyes
;
the
Lands
in
the
hands
of
the
Heir
shall
be
charged
with
it
,
because
it
is
a
Duty
upon
Record
;
and
the
Land
chargeable
with
it
.
60.
Judgement
being
against
two
;
upon
an
Avowry
in
Replevin
;
They
brought
an
Attaint
,
depending
which
,
one
of
them
dyed
:
It
was
adjudged
,
that
the
Writ
should
abate
;
and
it
differs
from
the
Case
of
Nonsuit
;
for
the
Nonsuit
is
the
Judgement
of
the
Court
,
that
the
Heir
may
proceed
in
Suit
;
but
when
one
is
dead
it
is
not
so
,
for
then
no
act
is
done
by
the
Court.
61.
Note
,
It
was
resolved
,
That
after
a
Verdict
given
,
it
is
no
Plea
for
to
say
,
that
the
Jurors
did
eat
and
drink
:
mean
between
the
Court
and
their
Verdict
given
;
but
such
Exception
ought
to
be
before
the
Verdict
given
.
62.
A
Lease
for
years
,
the
Remainder
for
Life
,
the
Reversion
in
Fee
;
Lessee
for
years
committed
Waste
;
he
in
Remainder
for
Life
dyed
.
It
was
holden
by
the
Justices
,
That
he
in
the
Reversion
in
Fee
should
have
an
Action
of
Waste
for
waste
done
before
the
death
of
him
in
the
Remainder
;
because
that
the
mean
Remainder
was
the
Cause
that
he
could
not
have
the
Action
at
the
first
:
but
when
that
Estate
is
ended
,
the
Action
is
maintenable
,
because
it
was
to
the
dis-inheritance
of
him
in
the
Remainder
in
Fee
.
63.
Tenant
in
Dower
had
power
to
cut
down
the
Trees
growing
upon
the
Land
,
and
she
covenanted
with
him
in
the
Reversion
,
that
it
should
be
lawfull
for
him
every
year
to
cut
down
20.
Trees
:
and
afterwards
she
cut
down
and
destroyed
all
the
Trees
:
It
was
the
opinion
of
the
Justices
,
That
an
Action
of
Covenant
did
lye
against
her
;
and
it
was
agreed
by
them
,
That
if
a
Covenant
be
,
that
it
shall
be
lawfull
for
the
Covenantee
to
take
the
Trees
and
sell
them
,
or
imploy
them
to
his
own
use
;
That
in
that
Case
the
Covenantor
cannot
cut
down
the
Trees
,
because
he
hath
given
a
propriety
in
the
Trees
to
the
Covenantee
.
Mich
,
2
Eliz.
64.
Trespass
.
The
Case
was
,
A
man
made
a
Lease
for
years
of
Lands
,
a
Stranger
entred
upon
the
Land
let
,
and
cut
down
Trees
growing
,
and
made
them
Tymber
;
and
carryed
unto
the
Land
where
the
Trespass
is
supposed
,
and
then
gave
the
Timber
to
the
Plaintiff
:
and
the
Defendant
entred
into
the
Land
and
took
the
Timber
.
It
was
the
opinion
of
the
Justices
,
That
in
all
Cases
where
a
thing
is
taken
wrongfully
,
and
altered
in
form
,
If
yet
that
which
remains
is
the
Principal
part
of
the
Substance
,
the
Notice
of
it
is
not
lost
;
and
therefore
if
a
man
takes
Trees
,
and
makes
Boards
of
them
,
The
Owner
may
retake
them
,
quia
major
pars
substantiae
remanet
,
and
so
in
the
principal
Case
;
But
if
an
House
had
been
made
of
the
Timber
,
there
it
had
been
otherwise
.
65.
Father
and
Son
made
a
Feofment
in
Fee
with
VVarranty
,
the
Father
dyed
:
The
Feoffee
impleaded
,
brought
a
Warrantia
Chartae
against
the
Son
,
unde
Chartam
Patris
sui
habet
cujus
haeres
ipse
est
,
and
in
his
Count
shewed
the
Deed
was
made
by
them
both
:
It
was
the
Opinion
of
the
Justices
,
the
Count
was
agreeable
to
the
VVrit
;
and
that
the
VVarranty
against
the
Son
was
double
,
the
one
of
his
Father
,
the
other
of
himself
;
and
that
each
of
them
warranted
the
whole
:
so
the
Action
well
brought
.
66.
Resolved
by
the
Justices
,
If
Lessee
for
Life
makes
a
Lease
for
years
,
and
afterwards
purchaseth
the
Reversion
and
dyeth
within
the
Term
,
the
Lease
for
years
is
determined
:
But
if
one
who
hath
nothing
in
the
Lands
makes
a
Lease
for
years
,
and
afterwards
purchaseth
the
Lands
and
dyes
,
if
it
be
by
Indenture
,
his
Heir
is
estopped
to
avoid
the
Lease
.
67.
Two
Copartners
are
,
one
grants
her
Part
,
and
warrants
that
the
Grantee
shall
have
and
hold
it
in
common
without
partition
;
It
is
a
void
Warranty
,
because
it
is
against
Law
▪
68.
A
Lease
was
made
to
Husband
and
VVife
for
years
,
Provided
,
that
if
the
possession
of
the
Lands
came
to
the
hands
of
any
ther
than
the
Husband
and
VVife
,
and
their
Issues
,
then
upon
tender
of
100
l.
it
shall
be
lawful
for
the
Lessor
to
reenter
,
the
Husband
dyed
:
the
Wife
took
an
other
Husband
,
the
Lessor
tendred
the
1000
l.
It
was
the
greater
opinion
of
the
Justices
,
That
the
Condition
was
not
broken
,
because
that
the
second
Husband
was
not
possessed
by
vertue
of
the
Lease
,
but
in
the
right
of
his
Wife
;
But
the
Court
doubted
of
it
.
It
was
adjourned
.
68.
A
Capias
ad
satisfaciend
,
was
awarded
,
and
an
Extent
:
and
between
the
date
of
the
Writ
,
and
before
the
Sheriff
took
the
Inquisition
,
the
Defendant
sold
his
Goods
.
It
was
the
Opinion
of
the
Justices
,
That
the
Sheriff
might
extend
the
Goods
which
were
sold
:
and
it
was
said
,
That
if
the
Tenant
in
a
Precipe
allien
after
the
date
of
the
Writ
,
and
before
the
Retorn
,
yet
he
continues
Tenant
to
the
Action
.
69.
Note
it
was
holden
by
the
Justices
,
That
if
an
Infant
for
Monies
by
Indentures
bargain
and
sells
Lands
,
and
afterwards
levyes
a
Fine
Sur
Conusans
de
droit
with
Proclamations
;
the
Indenture
is
not
void
,
but
voidable
,
and
the
Use
passeth
to
the
Bargainee
,
and
then
the
Fine
being
levyed
upon
it
the
Bargain
is
irrevocable
,
if
not
by
Error
.
70.
Lord
and
Tenant
by
Knights
service
,
the
Tenant
dyes
,
his
Heir
being
a
Daughter
within
age
of
14.
years
,
the
Lord
seizeth
the
VVard
,
and
after
at
13.
years
she
marryeth
without
the
assent
of
the
Lord
:
It
was
the
opinion
of
Wray
,
Justice
,
That
the
Lord
should
not
have
the
forfeiture
of
the
Marriage
without
tender
;
but
otherwise
of
the
value
of
the
Marriage
;
because
that
de
mero
jure
pertinet
ad
Dominum
.
71.
Lessee
for
years
hath
Execution
by
Elegit
of
the
Moyety
of
the
Rent
and
Reversion
against
his
Lessor
,
the
Lease
being
upon
Condition
.
Resolved
,
That
it
is
a
suspension
of
the
whole
Condition
during
the
Extent
;
and
although
but
the
moyety
of
the
Rent
was
extended
;
yet
the
entire
Condition
was
suspended
and
cannot
be
proportioned
being
entire
.
72.
A
man
was
bound
in
a
Bond
to
make
a
sufficient
Lease
to
the
Obliger
before
such
a
day
,
the
same
to
be
made
at
the
Costs
of
the
Obliger
:
In
Debt
upon
the
Bond
it
was
a
holden
a
good
Plea
,
That
the
Plaintiff
did
not
tender
the
Costs
to
him
,
and
if
then
that
he
was
ready
,
&c.
The
Lord
Windsors
Case
.
73.
A
Precipe
was
brought
against
him
:
It
was
,
Edwardo
Domino
Windsor
de
London
Militi
,
and
because
the
word
(
Militi
)
was
after
the
name
of
Dignity
,
the
VVrit
abated
.
74.
Entry
sur
Disseisin
was
brought
,
the
Writ
was
of
an
Entry
in
duas
partes
in
tribus
partibus
dividend
.
unius
Messuagii
:
and
not
in
duas
partes
unius
Messagii
,
in
tribus
partibus
dividend
.
and
yet
adjudged
good
.
Pasch
,
3.
Eliz.
75.
Debt
upon
Obligation
conditioned
if
the
Obligator
pay
all
such
sums
which
he
was
Obliged
to
pay
by
his
several
writings
Obligatory
:
that
then
,
&c.
The
Defendent
said
,
That
there
were
not
any
writings
Obligatory
by
which
he
was
to
pay
any
sum
;
Adjudged
to
be
no
plea
:
because
it
is
repugnant
to
the
Condition
,
and
he
is
estopped
to
say
against
the
Condition
.
76.
Wast
.
The
Case
was
:
Lease
for
life
,
Covenanted
to
repair
the
houses
at
his
proper
Costs
during
the
Terme
.
The
groundsels
of
the
houses
were
rotten
,
and
the
Lessee
cut
down
trees
upon
the
Land
to
repair
them
;
Resolved
he
might
do
it
,
and
it
was
not
Wast
,
and
his
justification
of
it
good
notwithstanding
the
Covenant
which
shall
not
exclude
him
from
that
benefit
which
the
Law
gives
him
.
77.
Debt
against
an
Executour
of
an
Executor
;
the
Defendant
pleaded
,
That
the
Executor
his
Testator
had
fully
Administred
,
and
so
nothing
in
his
hands
.
It
was
found
,
that
he
had
Assetts
;
upon
which
a
Fieri
fac
.
issued
to
the
Sheriff
who
returned
he
had
nor
any
thing
:
adjudged
a
void
Return
,
and
the
Sheriff
was
amerced
;
for
if
he
had
not
goods
of
the
Testator
,
he
should
be
payed
of
his
own
goods
,
because
when
he
pleads
the
first
Executor
had
fully
administred
,
he
doth
not
deny
but
Assetts
remained
after
the
death
of
his
Testator
.
78.
A
grant
was
made
per
nomen
Messuagii
sive
tenement
.
It
was
holden
by
Dyer
,
that
neither
a
Garden
nor
Land
do
passe
by
the
Grant
,
but
nothing
but
the
House
and
Carthage
;
Weston
said
,
the
Garden
should
passe
with
the
Messuage
with
an
Averment
that
they
have
been
occupied
together
.
Quere
.
The
Earl
of
Worcesters
Case
.
79.
Debt
was
recovered
against
the
Earl
,
and
the
Plantiff
had
an
Elegit
in
the
County
of
M.
The
Sheriff
returned
he
had
no
goods
nor
Cattels
,
Land
nor
Tenements
within
his
County
:
It
was
holden
that
after
the
year
he
might
have
a
scire
facias
:
and
upon
that
that
an
Elegit
:
And
it
was
holden
that
the
party
might
divide
his
Execution
;
and
have
several
Elegits
into
Several
Counties
;
and
to
that
purpose
diverse
Presidents
were
shewed
by
Lenard
one
of
the
Prothonotories
.
Lady
Audleys
Case
.
80.
Detinue
.
A
Woman
delivered
Goods
to
rebayl
,
and
after
took
Husband
,
who
after
his
Intermarriage
released
all
Actions
to
the
Baylee
;
Adjudged
the
Release
was
good
;
for
that
by
the
Intermarriage
the
Property
of
the
Goods
was
in
the
Husband
.
81.
In
Dower
.
The
Tenant
vouched
the
Heir
of
the
Husband
within
the
same
County
,
and
he
appeared
and
entred
into
Warranty
,
as
he
who
had
nothing
by
Discent
;
Judgement
shall
be
given
presently
,
and
the
Sheriff
by
a
special
Writ
shall
put
the
Woman
in
Possession
of
all
the
Lands
of
the
Tenant
;
and
that
to
avoid
Circuit
of
Action
betwixt
the
Tenant
and
the
Vouchee
.
Then
the
Question
was
,
If
the
Heir
had
nothing
by
Discent
but
Lands
in
tayle
,
if
they
should
be
assigned
to
the
Woman
for
her
Dower
:
It
was
the
greater
opinion
,
she
should
not
have
Dower
of
the
Lands
intailed
,
because
the
Execution
for
the
Wife
against
the
Vouchee
is
given
only
for
Avoidance
of
Circuit
of
Action
,
betwixt
the
Tenant
and
the
Vouchee
;
and
therefore
it
follows
,
That
she
shall
not
have
Execution
of
other
Lands
whereof
the
Tenant
could
not
have
Execution
against
the
Vouchee
,
and
the
Lands
intayled
cannot
be
rendred
in
value
.
82.
A
Lease
was
made
to
3.
Habendum
to
them
and
the
Survivor
of
them
modo
&
forma
sequente
,
viz.
to
one
for
Life
,
the
Remainder
to
another
for
Life
,
the
Remainder
to
the
3d.
for
Life
;
It
was
holden
they
are
not
joynt
Lessees
by
this
Lease
,
but
they
take
by
way
of
Remainder
:
but
if
the
viz
had
been
before
the
Habendum
,
or
no
Habendum
had
been
,
then
they
had
taken
a
joynt
Estate
,
notwithstanding
the
Limitation
by
the
viz.
because
the
viz.
is
but
a
declaration
of
the
precedent
Text
,
and
shall
not
confound
the
same
:
&
mala
est
expositio
quae
corrumpit
textum
.
Skernes
Case
.
83.
A.
by
Indenture
let
an
House
to
I.
S.
for
40.
years
.
The
Lessee
by
the
same
Deed
covenanted
with
the
Lessor
,
that
he
would
repair
the
House
during
the
Term
;
and
that
it
should
be
lawfull
for
the
Lessor
his
Heirs
and
Assigns
after
the
40.
years
past
,
every
year
during
the
Term
to
come
into
the
House
to
see
if
the
Reparations
were
sufficient
by
the
Lessee
,
his
Executors
or
Assigns
;
and
if
it
should
be
repaired
upon
the
view
of
the
Lessor
,
that
then
the
Lessee
should
hold
the
Lease
during
40.
years
after
the
first
years
ended
.
I.
S.
granted
over
his
Term
by
these
words
,
Totum
interesse
,
terminum
&
terminos
quae
tunc
habuit
intenementis
illis
.
It
was
resolved
in
this
Case
;
That
the
words
in
the
Assignment
did
not
extend
but
to
the
first
Term
;
and
therefore
the
possibility
of
the
future
Term
did
not
pass
,
but
that
by
the
Assignment
there
was
a
separation
between
the
first
Term
and
the
possibility
,
and
by
consequence
the
possibility
determined
.
2ly
.
That
the
want
of
the
word
(
Assignes
)
did
not
hinder
the
possibility
;
for
it
was
a
thing
inherent
,
which
passed
without
such
word
;
But
yet
they
held
,
That
if
there
had
been
the
word
(
Assignes
,
)
yet
the
Assigns
could
not
have
taken
the
possibility
.
84.
Debt
upon
Obligation
.
The
Defendant
said
he
was
to
pay
20
l.
at
a
day
,
and
at
the
time
of
the
delivery
there
was
not
any
Day
written
in
the
Deed
,
but
a
space
for
it
;
and
that
after
the
Delivery
the
Plaintiff
put
in
a
Day
,
and
so
Non
est
factum
;
It
was
conceived
,
the
Plea
had
been
better
to
have
set
forth
the
special
matter
,
per
quod
scriptum
praedict.
perdidit
effectum
,
and
Judgement
if
Action
.
85.
Lands
were
given
to
Husband
and
VVife
in
tayle
:
The
Husband
by
Fine
and
Deed
inrolled
aliened
the
Land
and
dyed
.
Resolved
,
That
the
VVife
might
enter
by
the
Statute
of
32
H.
8.
although
the
words
are
,
Of
Tenements
,
being
the
Inheritance
or
Freehold
of
the
Wife
;
And
it
was
holden
,
That
by
the
Entry
of
the
VVife
,
the
Inheritance
of
the
Heir
should
thereby
be
recontinued
.
86.
A
man
made
a
Feoffment
to
divers
persons
that
they
should
infeoffe
the
Son
of
the
Feoffor
and
his
Wife
in
tail
,
the
remaynder
to
the
right
Heirs
of
the
Feoffor
,
who
made
the
estate
accordingly
,
and
the
Son
dyed
:
It
was
Resolved
the
same
was
a
Joynture
within
the
Statute
of
27
H.
3.
cap.
10.
for
although
she
did
not
clayme
it
by
the
Ancestor
himself
but
by
his
Feoff●rs
,
yet
because
the
Feoffes
derive
their
Estate
from
the
Ancestors
of
the
Husband
,
it
is
within
the
Statute
;
But
if
he
had
bargained
and
sold
the
same
upon
trust
to
make
the
Joynture
,
it
had
not
been
within
the
Statute
.
87.
Resolved
,
That
an
Action
upon
the
Case
doth
not
lye
for
calling
one
Adulterer
;
because
that
is
not
punishable
at
the
Common
Law
,
but
in
the
Spiritual
Court
.
88.
Two
Joynt
tenants
make
partition
by
word
,
and
for
equality
of
the
partition
one
assignes
to
the
other
a
Rent
;
It
is
void
,
if
he
hath
not
a
Deed
of
it
.
89.
In
a
Praecipe
quod
reddat
,
at
the
Nisi
Prius
the
Tenant
made
default
,
and
Petit
Cap.
returned
,
at
which
day
,
he
in
the
Reversion
prayed
to
be
Received
,
and
was
so
received
by
the
Rule
of
the
Court
,
notwithstanding
he
did
not
require
it
at
the
Nisi
Prius
.
2.
By
the
Equity
of
the
Statute
of
West
.
2.
he
in
the
remainder
shall
be
received
upon
the
default
of
the
Tenant
for
life
,
although
the
words
of
the
Statutes
be
ad
quos
spectat
reversio
.
90.
Resolved
by
the
Justices
,
That
the
Coroner
super
visum
Corporis
cannot
enquire
of
an
Accessary
after
the
Murder
.
91.
Two
were
joyntly
and
severally
bound
in
an
Obligation
.
in
Debt
brought
;
the
Defendent
said
,
the
Plantiff
recovered
against
the
other
the
same
Debt
and
had
Execution
;
and
adjudged
a
good
plea
,
notwithstanding
it
was
not
shewed
by
what
proces
he
had
Execution
,
because
the
Execution
is
on
Record
and
shall
be
tryed
by
the
Record
;
but
if
he
paid
the
monies
in
pais
to
the
Plantiff
,
and
not
in
Court
,
It
is
not
an
Execution
of
the
Judgement
.
92.
A
Recordare
was
to
remove
a
Plaint
in
Curia
nostra
,
and
the
plaint
was
in
Curia
Mariae
:
Resolved
,
that
for
this
variance
the
Record
was
not
removed
,
for
it
could
not
be
the
plaint
whereof
,
&c.
93.
It
was
said
,
If
the
Defendant
will
plead
to
the
Writ
,
matter
apparent
within
the
Writ
,
he
must
begin
his
plea
with
Petit
Judicium
of
the
Writ
,
but
if
he
plead
matter
de
hors
,
as
Joyntenancy
or
Nontenure
,
&c.
he
shall
make
the
conclusion
in
such
manner
only
,
and
not
the
beginning
.
94.
Ejectione
firme
:
Of
a
Lease
made
by
the
Prebendary
Ecclesiae
Beatae
Mariae
:
whereof
the
foundation
was
Ecclesiae
Beatae
Mariae
de
Thornton
,
and
Thornton
being
omitted
,
the
Leaser
to
make
it
agree
,
entertayned
the
words
(
de
Thornton
)
It
was
the
opinion
of
the
Justices
;
That
non
est
factum
is
no
proper
plea
:
because
it
was
once
his
deed
:
but
he
is
to
shew
the
special
matter
,
and
demand
Judgment
of
Action
,
vide
before
95.
A
Rent
was
granted
to
I.
S.
for
life
,
the
remainder
to
I.
D.
in
Fee
,
I.
S.
dyed
,
the
Rent
was
behind
,
he
in
the
Remainder
destraind
and
avowd
for
the
Rent
and
good
;
for
the
grant
was
good
to
him
in
the
remainder
which
took
effect
with
the
particular
estate
,
and
so
adjudged
.
96.
One
made
his
Will
in
this
manner
,
I
have
made
a
Lease
for
21.
years
to
I.
S.
paying
but
10
s.
Rent
;
adjudged
a
good
Lease
at
Will
:
and
the
word
(
I
have
)
shall
be
taken
in
the
present
tence
.
97.
Replevin
:
The
Defendant
avowed
for
a
Rent
charge
granted
to
him
,
but
did
not
alledge
any
seisin
of
it
within
the
years
according
to
the
Statute
of
32
H.
8.
Cap.
2.
and
yet
holden
good
;
for
the
Statute
is
to
be
intended
where
seisin
ought
to
have
been
alledged
before
at
the
Common
Law
.
98.
Dower
.
The
Case
was
.
The
Husband
made
his
Will
,
thereby
devised
all
his
Lands
to
his
Wife
,
(
the
now
demandment
)
during
her
Widdowhood
,
and
dyed
,
the
Wife
entred
by
force
of
the
Will
,
and
after
took
Husband
:
It
was
the
opinion
of
the
Justices
,
that
this
estate
devised
being
as
great
an
Estate
for
her
life
,
and
her
acceptance
of
it
;
she
not
being
Compellable
to
Marry
,
was
in
the
nature
of
a
Joynter
to
her
,
and
a
good
barre
of
her
Dower
.
99.
Note
by
the
Justices
:
If
a
man
seised
of
a
Rent
charge
be
bounden
in
a
Statute
,
and
Execution
be
sued
upon
it
,
the
Rent
shall
be
extended
in
Execution
,
and
yet
the
Statute
de
Mercatoribus
speaks
only
of
the
Goods
and
Lands
of
the
debtour
,
and
doth
not
speak
of
Tenements
or
other
things
.
100.
I.
S.
Tenant
in
tail
by
Indenture
upon
Consideration
of
Marriage
Covenants
to
stand
seised
to
his
own
use
for
life
,
and
after
his
death
to
the
use
of
his
Son
and
heir
apparant
.
Resolved
,
there
is
no
change
of
the
use
but
only
during
the
life
of
the
Tenant
in
tail
.
101.
A
man
seised
of
Land
in
the
right
of
his
Wife
,
makes
a
Lease
for
life
,
the
remainder
in
Fee
;
and
afterwards
he
and
his
Wife
recovers
the
same
Land
in
a
Writ
of
Entry
against
the
Tenant
for
life
:
Dyer
held
the
Wife
should
be
remitted
,
and
no
act
shall
be
adjudged
in
the
Wife
,
for
the
bringing
the
Writ
shall
be
adjudged
the
sole
act
of
the
Husband
,
and
not
of
the
Wife
.
Quaere
if
she
shall
not
be
estopped
by
the
Record
.
102.
Note
by
the
Justices
,
That
a
Writ
of
Curia
Claudenda
,
lyeth
of
a
Close
which
lyeth
in
a
Field
,
aswell
as
where
there
are
2.
Messuages
,
Courts
o●
Gardens
adjoyning
:
But
after
Imparlance
in
this
Writ
,
the
Defendant
shall
not
have
the
view
.
103.
In
a
Quid
juris
Clamat
,
after
Issue
joyned
upon
Ne
dona
pass
,
at
the
Nisi
Prius
,
the
Jury
gave
a
privy
verdict
,
the
Court
being
risen
,
for
the
Defendant
,
and
had
License
to
eat
and
drink
;
and
at
another
day
when
the
Court
was
sitting
,
they
returned
and
gave
an
open
Verdict
for
the
Plantiff
:
Resolved
,
That
Judgement
should
be
entred
for
the
Plantiff
;
for
the
last
Verdict
which
is
given
openly
in
Court
,
is
the
Verdict
in
fact
,
and
not
the
first
;
and
the
eating
and
drinking
of
the
Jurours
before
the
second
Verdict
given
doth
not
make
it
void
.
104.
Note
by
the
Justices
,
where
in
a
Praecipe
quod
reddat
brought
against
Tenant
for
life
,
he
makes
default
;
and
he
in
the
Reversion
is
received
;
he
shall
hear
the
Count
made
by
the
Tenant
,
and
shall
answer
presently
,
and
cannot
have
an
Imparlance
.
105.
Resolved
by
the
Justices
,
That
Tenants
in
Comon
cannot
joyn
in
Waste
,
against
their
Lessee
;
but
it
is
otherwise
of
Copartners
,
or
Joynt
Tenants
.
106.
In
Debt
,
the
Defendant
pleaded
to
Issue
,
and
afterwards
brought
a
Writ
of
Priviledge
out
of
the
Exchequer
,
because
he
was
a
person
Priviledged
there
:
The
Court
dissallowed
of
the
Writ
,
because
by
his
pleading
he
had
affirmed
the
Jurisdiction
of
the
Court.
Hawle
and
Kirkbyes
Case
.
107.
Covenant
upon
an
Indenture
dated
20
April
.
4.
E.
6.
The
Defendant
pleaded
in
Bar
a
Release
made
3
Eliz.
of
all
Actions
,
Suits
,
Debts
,
Executions
and
Demands
,
which
ever
before
he
had
or
may
have
ab
origine
Mundi
,
to
the
day
of
the
date
of
the
Release
;
adjudged
no
bar
because
it
was
before
the
Covenant
broken
.
108.
A
man
leaseth
Lands
for
years
;
and
afterwards
by
Deed
Indented
,
bargains
and
sells
the
same
Lands
to
the
Lessee
and
his
Heirs
,
without
any
word
of
guift
or
grant
in
the
deed
;
That
nothing
passeth
if
the
deed
be
not
Enrolled
;
for
without
Enrollment
the
Freehold
doth
not
passe
,
and
it
is
not
any
Confirmation
.
The
Lord
Sands
and
Brays
Case
.
109.
A
scire
facias
by
the
Lord
Sands
against
the
Defendant
to
have
Execution
of
Lands
,
whereof
the
remainder
was
entailed
to
his
Ancestors
by
Fine
;
The
Defendant
said
,
The
Plaintiff
was
within
age
and
prayed
,
The
parol
might
demur
till
his
full
age
.
The
opinion
of
the
Court
was
,
That
the
parol
should
not
demur
,
and
by
award
of
the
Court
the
Defendant
was
put
to
Answer
.
110.
A
man
bargains
and
sells
his
Land
by
deed
Enrolled
;
The
bargainee
,
by
the
same
deed
Covenants
,
That
if
the
bargainor
or
his
Heirs
pay
to
the
bargainee
or
his
Heirs
20
l.
such
a
day
,
that
then
the
bargainee
and
his
Heirs
and
all
other
seised
should
be
presently
seised
to
the
use
of
the
bargainor
and
his
Heirs
,
before
the
day
the
bargainor
tenders
the
mony
to
the
bargainee
,
and
he
refuseth
it
;
Resolved
,
that
by
the
Tender
,
the
Covenant
is
not
performed
;
for
the
Covenant
alters
the
use
upon
the
payment
,
and
nothing
rests
in
the
bargainor
till
payment
.
111.
It
was
Resolved
by
the
Justices
,
That
if
a
man
by
deed
Leaseth
certain
parcel
of
Lands
and
names
them
severally
,
and
afterwards
the
Lessor
raseth
the
deed
,
and
puts
one
parcel
out
of
the
deed
;
that
the
whole
deed
is
void
for
the
deed
is
entire
in
it self
,
and
cannot
stand
for
part
,
and
be
void
for
part
:
But
yet
notwithstanding
the
Lease
being
of
Lands
the
Lessee
may
plead
it
as
a
Lease
parol
.
Trinit.
4.
Eliz.
112.
Tenant
in
tail
,
the
remainder
in
Fee
,
Tenant
in
tail
aliens
and
dyes
without
Issue
;
he
in
the
Remainder
recovers
in
a
Formedon
brought
being
within
age
:
Adjudged
he
shall
not
be
in
Ward
,
because
a
Right
of
remainder
discended
only
to
him
,
and
not
a
Remainder
in
possession
.
113.
A
man
made
a
Lease
for
life
,
and
afterwards
was
bounden
in
a
Recognizance
,
and
afterwards
he
granted
the
Reversion
to
another
,
and
the
Tenant
for
life
attorned
and
dyed
;
the
grantee
entred
,
and
the
Recognizee
sued
Execution
against
the
grantee
;
If
the
Execution
was
well
sued
upon
the
grantee
,
Quaere
;
the
Justices
were
divided
in
opinion
.
114.
Debt
upon
Obligation
,
The
Defendant
pleaded
,
that
the
plantiff
by
deed
Indented
betwixt
them
Covenanted
and
granted
that
if
the
Defendant
paid
him
certain
monies
at
a
day
certain
,
the
Obligation
should
be
void
,
and
that
at
the
day
he
tendred
the
money
and
he
refused
it
:
The
Court
held
the
plea
good
without
saying
uncore
prist
.
115.
Debt
upon
Obligation
,
the
Condition
was
,
if
the
Defendant
paid
to
the
Plaintiff
or
his
assignes
20
l.
at
such
a
day
and
place
,
that
then
&c.
The
Defendant
said
that
the
Plaintiff
appointed
one
A.
to
receive
the
mony
of
him
at
the
day
and
place
,
and
that
he
tendred
the
same
accordingly
to
the
said
A.
which
he
refused
.
Resolved
,
the
plea
was
good
,
without
alledging
payment
in
fact
.
116.
A.
made
a
Feoffment
in
Fee
,
rendering
rent
with
Clause
of
distresse
,
and
afterwards
bound
himself
in
a
Statute
;
and
the
day
being
incurred
,
Execution
was
sued
by
the
Conusee
;
and
the
Sheriff
returned
the
Conusor
dead
,
and
that
he
had
extended
the
Rent
:
The
Heir
of
the
Conusor
within
age
brought
an
Audita
Querel●
;
and
adjudged
it
did
well
lye
,
because
there
was
an
Exception
in
the
Writ
of
Extent
,
that
if
the
Lands
are
discended
to
any
Enfant
,
that
the
Sheriff
should
surcease
to
extend
.
117.
Debt
against
Executors
,
at
the
Pluries
Distring
as
they
appeared
,
and
pleaded
that
they
had
fully
Administred
the
goods
of
the
Testators
,
before
any
Notice
given
them
of
the
Suit
.
The
Plaintiff
said
,
That
upon
the
Original
the
Sheriff
had
returned
them
Summoned
;
It
was
the
opinion
of
the
Court
it
was
no
Estoppel
against
them
,
for
it
may
be
they
were
never
Summoned
,
notwithstanding
the
return
of
the
Sheriff
.
The
Archbishop
of
Yo●ks
Case
.
118.
An
action
brought
by
him
upon
the
Statute
d●
scandalis
Magnatum
against
I.
S.
because
he
put
in
a
slanderous
Bill
against
him
,
before
the
President
of
the
Council
of
the
North
;
surmising
,
that
he
was
a
Covetous
and
Malitious
Bishop
.
Resolved
,
the
words
were
not
sufficient
to
maintain
that
Action
.
119.
A.
seised
of
a
Mannor
holden
by
Knights
service
,
devised
2.
parts
there
of
to
2.
strangers
severally
,
and
all
the
Residue
he
devised
to
his
Heir
in
Tail
,
the
remainder
over
to
another
in
Fee
;
It
was
the
opinion
of
the
Justices
,
that
when
he
had
devised
2.
parts
,
he
had
done
all
which
he
could
by
the
Statute
,
and
the
devise
of
the
resi●ne
was
void
;
but
the
devise
shall
enure
to
the
Heir
of
a
third
part
of
the
2.
parts
,
that
the
devise
which
takes
effect
at
the
death
of
the
dev●sor
may
take
effect
,
and
that
especialle
by
reason
of
the
Remainder
;
and
so
the
Heir
shall
have
a
third
part
of
the
2.
parts
;
vide
3
H.
6.
accordingly
.
120.
A.
made
a
Feoffment
in
Fee
to
the
use
of
another
in
Tail
,
the
Remainder
to
the
right
Heirs
of
Tenant
in
Tail
in
Fee
,
Cestuy
que
use
in
Tail
before
the
Statute
of
27
H.
8.
made
a
Feoffment
in
Fee
,
the
Feoffee
dyed
;
It
was
the
opinion
of
the
Justices
,
That
when
the
Feoffee
dyed
during
the
life
of
Cestuy
que
use
in
Tail
,
the
first
Feoffees
could
not
enter
,
for
the
discent
was
when
they
had
no
title
of
Entry
,
for
by
the
Feoffment
the
Feoffee
had
title
during
the
life
of
Cestuy
que
use
in
Tail
;
wherefore
during
his
life
they
could
not
enter
,
nor
make
claim
;
But
they
agreed
that
the
Heir
of
Cestuy
que
use
in
Tail
had
not
any
remainder
but
by
the
Entry
of
the
Feoffees
.
121.
A
man
made
a
g●ft
entail
upon
Condition
that
if
the
Donee
or
his
issue
aliened
,
that
the
Donor
might
enter
;
the
Donee
aliened
and
afterwards
dyed
without
Issue
;
If
the
Donor
might
enter
,
or
was
put
to
his
Formidon
in
Reverter
,
Quaere
;
for
the
Justices
were
divided
in
opinion
,
and
it
was
not
Resolved
.
122.
The
reversion
of
a
Lease
for
years
was
granted
one
moyety
to
one
man
,
and
another
moyety
to
another
;
The
Lessee
committed
Wast
and
then
the
Lease
determined
;
They
brought
actions
of
Wast
in
the
Tenant
;
It
was
the
better
opinion
,
that
they
might
well
joyn
in
the
action
,
because
they
are
not
now
to
recover
in
the
realty
which
is
the
Land
Wasted
,
but
only
damages
;
but
if
the
Term
had
continued
,
it
had
been
otherwise
because
then
the
Land
was
to
be
recovered
.
123.
An
Indenture
of
Bargain
and
Sale
was
Enrolled
the
last
day
of
the
6.
Moneths
,
not
accounting
the
day
of
the
date
of
the
Indenture
for
part
of
the
6.
Moneths
.
It
was
Resolved
,
that
the
En●olment
was
good
;
for
the
day
of
the
date
shall
not
be
accounted
part
of
the
6.
Months
limitted
by
the
Statute
;
for
the
date
and
the
day
of
the
date
is
all
one
,
for
the
date
is
all
the
day
.
And
it
was
said
,
It
was
not
like
the
Statute
of
32
H.
8.
of
Leases
,
where
it
is
said
,
A
Lease
made
by
Tenant
in
Tail
shall
be
good
for
21.
years
after
the
making
of
the
Lease
;
for
the
making
may
be
at
one
hour
of
the
day
and
is
prefect
by
the
delivery
at
that
time
,
and
therefore
the
Lease
shall
begin
presently
;
And
in
this
Case
,
it
was
agreed
for
Law
,
That
if
a
man
by
Deed
Indented
,
Bargaines
and
Sells
his
Lands
unto
another
,
and
before
the
enrollment
of
the
deed
,
he
Bargains
and
Sells
to
another
,
and
the
last
Deed
is
first
Enrolled
,
and
after
the
first
Indenture
is
Enrolled
within
the
6.
Moneths
;
the
first
Indenture
is
the
best
and
shall
be
preferred
before
the
latter
,
although
it
was
first
Enrolled
.
124.
By
a
Statute
made
3.
Ma.
Cap.
4.
Authority
was
given
to
Cardinal
Poole
,
to
dispose
,
order
,
imploy
and
convert
the
Benefices
appropriate
to
the
increase
and
augmentation
of
the
Living
of
the
Incumbent
;
He
made
a
Lease
for
years
of
a
Parsonage
appropriate
;
It
was
holden
the
Lease
was
void
;
for
he
had
authority
but
to
the
Intents
specified
in
the
Statute
,
and
he
had
not
the
Fee
simple
given
him
by
any
words
of
the
Statute
.
Quaere
,
in
whom
the
Free
simple
was
;
if
in
the
Queen
,
or
it
was
in
Abeyance
;
not
Resolved
.
125.
A
Fine
was
Levyed
in
the
time
of
King
John
,
by
which
the
Conusor
granted
to
the
Conusee
in
Tail
a
Mannor
,
rendring
to
him
a
pair
of
guilt
Spurs
for
all
services
salvo
sorinseco
servitio
Domino
Regi
.
The
Mannor
was
holden
of
the
Lord
Stafford
.
The
Justices
held
it
was
but
a
Tenure
in
Socage
,
for
the
words
salvo
sorinseco
servitio
were
void
to
all
purposes
but
to
reserve
such
services
by
which
he
himself
held
of
his
Lord
next
paramount
him
,
and
not
such
services
which
any
of
the
Lords
paramount
him
held
over
by
Knights
service
.
126.
It
was
holden
by
the
Justices
,
If
a
man
find
sureties
for
the
Peace
before
Justices
of
the
Peace
in
the
County
:
yet
if
the
same
party
come
in
B.
R.
and
there
make
Oath
,
that
he
was
afraid
he
shall
be
hurt
by
the
said
party
,
he
may
have
surety
of
the
Peace
there
against
the
party
,
and
a
Supersedeas
to
the
justices
to
discharge
the
bond
taken
before
them
for
the
Peace
and
behaviour
.
127.
Note
for
a
Rule
by
the
Court
,
That
in
every
case
where
the
Defendent
once
confesseth
a
Deed
,
and
after
would
avoid
it
by
matter
which
makes
the
Deed
defeisible
,
and
not
void
:
That
in
such
Case
he
shall
not
plead
Non
est
factum
to
it
,
but
show
the
special
matter
,
and
conclude
Judgment
of
action
;
as
if
Debt
be
upon
an
Obligation
against
one
who
was
within
age
;
He
shall
not
plead
Non
est
factum
to
it
,
but
shew
the
special
matter
,
that
he
was
within
age
.
128.
A
Lease
was
made
to
the
Husband
and
Wife
,
and
to
a
3d.
person
,
to
have
and
hold
to
the
Husband
for
80
years
if
he
should
so
long
live
,
and
if
he
dye
within
the
Terme
,
the
remainder
of
the
said
Term
to
the
Wife
and
to
the
3d.
person
if
he
should
live
so
long
.
It
was
Resolved
a
good
Habendum
,
and
that
all
the
Interest
was
in
the
Husband
,
and
nothing
in
the
others
till
after
his
death
;
But
it
was
holden
,
if
a
Lease
be
made
to
3.
of
3.
acres
,
Habendum
one
acre
to
one
for
20.
years
,
of
another
to
another
for
40.
years
,
and
of
the
3.
to
the
3d.
person
for
60.
years
,
the
limitation
is
void
;
for
he
cannot
by
the
Habendum
divide
the
estate
in
such
manner
which
was
joynt
before
.
Gascon
and
Whatleys
Case
.
129.
A
man
seised
of
Lands
in
Fee
,
is
bound
in
a
Recognizance
,
and
afterwards
enfeoffes
the
Recognizee
of
parcel
of
the
Lands
;
yet
the
Recognizor
is
chargeable
for
the
Residue
of
the
Lands
to
the
Executor
of
the
Recognizee
,
and
for
his
body
and
goods
,
but
if
the
Recognizor
dye
,
h●s
Heirs
shall
not
be
charged
.
130.
Cessavit
.
The
Tenant
said
,
That
the
demandant
nor
his
Ancestors
were
never
seised
of
the
services
within
40.
years
.
It
was
holden
by
the
Justices
to
be
no
plea
,
because
this
Writ
is
not
within
the
Statute
of
31
H.
8.
cap.
2.
of
Limitation
,
and
also
because
the
seisin
of
the
services
is
not
materiall
nor
traversable
in
a
Cessavit
.
Mich.
5.
Eliz.
131.
Lessee
for
years
Covenants
for
him
and
his
assignes
,
that
he
will
not
lop
nor
top
the
Trees
during
the
Terme
,
he
dyes
Intestate
,
his
Adminstrators
lop●
the
Trees
;
he
is
chargeable
to
the
Covenant
,
because
he
hath
the
Terme
to
the
use
of
the
Testator
:
The
Words
in
the
Lease
were
,
Provided
,
It
shall
not
be
Lawfull
to
the
Lessee
to
top
the
Trees
;
If
these
words
are
a
Condition
,
or
a
Restraint
only
,
no
penalty
ensuing
upon
it
,
Quaere
.
It
was
not
Resolved
.
132.
The
Queen
by
Letters
Patents
ex
c●rta
scientia
&
mero
mot●
granted
to
I.
S.
the
Mannor
of
D.
which
she
had
by
the
Attainder
of
Sir
Thomas
Wyat
,
and
in
truth
she
was
seised
of
the
Mannor
by
discent
.
Resolved
,
That
the
grant
was
void
,
because
the
Queen
was
deceived
in
her
grant
.
Quaere
,
if
the
same
be
not
helped
by
the
Statute
of
misrecitalls
,
for
when
the
substance
of
the
thing
granted
appears
certain
,
the
Statute
helps
all
other
defects
;
but
when
the
certainty
of
the
thing
granted
doth
not
appear
,
then
perhaps
it
is
not
helped
by
the
Statute
.
133.
A
Fine
was
Levyed
by
Husband
and
Wife
,
and
the
Conusee
rendred
back
the
same
Lands
to
the
Husband
and
Wife
and
to
the
Heirs
of
the
Wife
,
and
an
Indenture
was
by
which
it
was
recited
,
that
the
Remainder
should
be
to
the
use
of
the
Husband
and
Wife
and
to
the
Heirs
of
the
Husband
.
The
Justices
conceived
,
there
is
not
any
use
implyed
upon
a
Fine
,
no
more
than
upon
a
Feoffment
;
wherefore
they
conceived
,
that
the
limitation
over
was
good
enough
.
Dyer
said
,
If
the
Remainder
be
in
tayl
,
the
Conusee
is
seised
of
the
Reversion
to
his
own
use
,
quod
fuit
concessum
per
les
Justices
.
134.
A
man
granted
unto
another
Herbagium
&
Pannagium
within
his
Lands
rendring
Rent
;
the
Lessor
cut
down
the
Trees
:
Resolved
,
That
Trespass
would
not
lye
by
the
Lessee
against
the
Lessor
;
but
he
might
have
an
Assize
,
because
it
is
a
Profit
Apprender
in
loco
certo
capiendo
.
135.
An
Abbot
was
Parson
imparsonee
of
the
Church
where
the
Abbot
and
Tythes
were
,
the
Abby
was
dissolved
;
The
King
granted
the
Monastery
to
one
;
and
the
Parsonage
and
Rectory
to
another
:
It
was
the
opinion
of
the
Justices
,
That
if
the
Land
of
the
Abby
was
the
Glebe
of
the
Parsonage
before
the
Appropriation
,
that
that
Land
was
discharged
of
Tythes
,
for
it
remains
Glebe
notwithstanding
the
Appropriation
;
and
the
Glebe
cannot
be
gained
by
Prescription
,
and
the
Glebe
was
never
chargeable
to
pay
Tythes
;
And
if
a
Parson
doth
make
a
Lease
of
his
Glebe
,
the
Lessee
shall
not
pay
Tythes
;
But
the
Demeasnes
of
the
Abby
,
not
parcel
of
the
Glebe
,
should
be
chargeable
to
pay
Tythes
,
if
they
were
not
discharged
in
right
by
a
Composition
or
unity
perpetual
.
136.
A
man
made
a
Feoffment
in
Fee
of
Lands
,
upon
Condition
if
he
paid
him
20
l.
at
the
Feast
of
St.
Mich.
in
St.
Pauls
Church
,
the
Feoffment
to
be
void
;
The
Defendant
in
an
Action
brought
pleaded
he
paid
the
Money
at
the
day
and
place
:
upon
which
Issue
was
joyned
,
and
gave
in
Evidence
,
That
he
paid
it
before
that
day
at
another
place
.
Resolved
,
That
the
Evidence
did
n●t
maintain
the
Issue
;
For
although
the
Party
may
pay
it
at
another
day
and
place
,
if
the
other
will
accept
of
it
,
yet
he
is
not
bound
to
receive
it
;
and
in
as
much
as
the
Partie
is
restrained
to
a
day
,
and
the
day
is
made
parcell
of
the
Issue
,
he
ought
to
prove
payment
at
the
day
,
or
alledge
the
special
matter
,
and
plead
payment
before
the
day
,
and
acceptance
thereof
,
as
the
truth
of
the
Case
is
.
137.
If
a
man
be
indebted
to
I.
S.
100
l.
and
the
Debtee
maketh
an
Acquittance
to
him
in
Writing
that
he
hath
received
20.
l.
of
him
in
satisfaction
of
the
100
l.
of
all
other
Debts
,
Duties
and
Demands
,
the
same
is
good
,
and
amounts
to
a
Release
:
but
if
it
be
without
Writing
,
then
payment
of
the
20
l.
cannot
be
in
satisfaction
of
the
100
l.
by
the
Opinion
of
all
the
Justices
.
138.
A
man
deviseth
his
Lands
to
his
Wife
de
anno
in
aunum
till
his
Son
shall
come
to
the
age
of
20.
and
dyes
;
the
Wife
enters
,
the
Son
dyeth
before
he
attains
20
years
.
Resolved
,
the
Interest
of
the
Wife
was
determined
:
But
if
the
Devise
had
been
untill
the
Son
should
or
might
come
to
the
age
of
20.
years
,
there
,
notwithstanding
his
death
,
the
Estate
of
the
VV●fe
had
continued
.
139.
If
a
Grand
Cape
issueth
where
there
was
no
Original
before
,
and
Judgement
be
entred
upon
it
.
Resolvd
it
is
not
void
,
but
voidable
only
by
Error
.
140.
Ravishment
of
Ward
of
two
Daughters
,
the
Plaintiff
declared
to
his
Dammages
of
100
l.
and
upon
Nihil
dicit
had
Judgement
;
and
upon
a
VVrit
of
Enquiry
the
Jury
found
the
Ravishment
of
the
Eldest
,
and
that
she
was
married
to
the
Plaintiffs
dammage
of
80
l.
and
of
the
other
two
to
the
value
of
60
l.
&
pro
raptu
&
abductione
100
l.
and
the
Judgement
was
entred
for
the
dammages
pro
raptu
&
abductione
conditionally
,
if
she
was
married
.
141.
A
man
seized
of
an
Advowson
in
Fee
granted
to
another
and
his
Heirs
,
that
when
the
Church
should
become
void
,
that
the
Grantee
and
his
Heirs
should
nominate
a
Clarke
to
the
Grantor
and
his
Heirs
,
and
he
and
his
Heirs
should
present
him
to
the
Ordinary
.
Resolved
,
That
if
he
who
hath
the
Nomination
present
,
he
which
ought
to
present
shall
have
a
Quare
Impedit
against
him
,
&
●
contra
:
But
if
an
Annuity
be
brought
against
a
Parson
,
the
Aide
is
grantable
onely
of
him
who
hath
the
Presentation
;
for
that
is
in
the
right
,
and
the
right
is
in
the
Presenter
.
142.
Debt
upon
a
Contract
for
10
l.
It
is
no
Plea
for
the
Defendant
to
say
that
the
Contract
was
for
a
lesser
sum
,
than
the
sum
contained
in
the
VVrit
,
because
the
Defendant
might
wage
Law
of
it
.
143.
Copyhold
lands
are
demised
to
two
for
Life
successive
,
where
the
Custome
is
they
may
cut
Trees
;
Resolved
,
It
is
a
forfeiture
of
his
Estate
,
and
of
the
Estate
of
him
in
the
Remainder
.
Ter.
Pasc.
5
Eliz.
144.
Lands
at
the
Common-law
,
and
Copyhold-lands
are
leased
by
one
Indenture
rendring
rent
.
Resolved
,
that
the
whole
Rent
shall
issue
out
of
the
Lands
at
the
Common-law
,
and
not
out
of
the
Copyhold
.
But
if
a
man
leaseth
Lands
,
a
part
of
which
he
hath
by
Disseisin
rendring
Rent
,
there
the
Rent
shall
issue
out
of
the
whole
Land
;
and
by
the
Entry
of
the
Disseisee
,
the
Rent
shall
be
apportioned
.
145.
A
Composition
was
betwixt
an
Abbot
and
a
Parson
,
that
in
recompence
of
the
Tythes
of
all
the
VVoods
within
the
Mannor
,
whereof
the
Abbot
was
Owner
,
that
he
should
have
to
him
and
his
Successor
●0
.
loads
of
VVood
every
year
in
20.
acres
of
the
said
Mannor
to
burn
and
spend
in
his
House
;
The
Parsonage
was
appropriate
to
the
Abby
,
and
after
the
Abby
was
dissolved
;
and
the
King
granted
the
Parsonage
to
one
,
and
the
20.
Acres
to
another
:
It
was
was
resolved
,
That
by
the
uni●y
the
Estovers
were
not
extinct
;
for
if
they
be
Tythes
they
are
not
extinct
by
this
unity
of
Possession
,
for
that
Tyths
run
with
the
Lands
:
and
Tythes
de
jure
Divino
&
Canonica
Institutione
do
appertain
to
the
Clergy
.
Eyres
Case
.
146.
In
Replevin
.
The
Case
was
,
the
Archbishop
of
York
was
seized
of
a
Field
in
B.
in
the
right
of
his
Church
,
and
Leases
the
same
by
Deed
for
years
rendring
rent
;
which
was
confirmed
by
the
Dean
and
Chapter
.
In
the
Indenture
there
was
a
Proviso
,
that
in
the
vacancy
of
the
Bishoprick
,
the
rent
should
be
paid
to
the
Chapter
as
in
his
right
;
the
Bishop
dyed
:
I.
S.
was
created
Bishop
,
and
was
deprived
because
he
refused
to
take
the
Oath
of
Supremacy
.
I
D.
was
chosen
and
created
Bishop
,
and
for
Rent
behind
and
not
paid
to
the
Chapter
in
the
time
of
the
vacancy
he
avowed
.
In
this
Case
these
these
points
were
resolved
,
1.
That
the
Proviso
was
well
placed
,
and
was
a
Condition
being
annexed
to
the
Reservation
of
the
Lease
.
2ly
.
That
the
Successor
might
enter
for
the
Condition
broken
in
the
time
of
his
Predecessor
.
3ly
.
The
Bailiff
of
the
Bishop
could
not
enter
for
the
Condition
broken
without
a
Special
Warranty
.
4ly
.
That
the
Condition
was
repugnant
,
because
he
appoints
the
Rent
to
be
paid
to
the
Chapter
in
the
time
of
the
vacancy
,
the
Reservation
being
to
the
Bshop
and
his
Successors
.
5ly
.
That
no
Title
was
in
the
Succcessor
to
enter
,
because
the
Condition
was
repugnant
.
6ly
.
That
the
Chapters
are
not
of
Capacity
to
take
by
Purchase
or
Guift
without
the
Dean
who
is
their
Head
.
147.
A
man
made
his
Will
in
this
manner
:
Item
,
I
give
my
Mannor
of
D.
to
my
second
Son
.
Item
,
I
give
my
Mannor
of
S.
to
my
said
Son
and
to
his
Heirs
.
It
was
resolved
by
the
Justices
,
that
in
the
first
he
had
but
an
Estate
for
life
,
and
the
Item
seems
to
be
a
new
Guift
to
a
greater
Preferment
in
the
second
place
for
the
amendment
of
the
other
.
148.
A
man
seized
in
Fee
took
a
Wife
,
and
afterwards
levyed
a
Fine
of
his
Lands
with
Proclamation
,
and
5.
years
passed
in
his
life
,
he
dyed
,
and
after
other
5.
years
passed
.
Resolved
,
That
the
Wife
should
be
barred
of
her
Dower
,
because
she
did
not
claim
it
within
the
5.
years
after
the
Title
of
Dower
accrued
.
149.
Assise
against
divers
,
who
pleaded
Nul
tort
,
&c.
the
Assise
found
,
that
all
the
Defendants
were
Disseisors
,
but
that
one
of
them
did
the
Desseisin
with
force
.
It
was
the
opinion
of
the
Justices
,
That
the
Verdict
was
good
,
for
that
the
Force
and
Disseisin
was
two
things
;
for
Force
is
not
incident
to
every
Disseisin
,
for
it
should
be
enquired
by
the
Assise
if
they
or
any
of
them
had
done
the
Disseisin
with
force
;
and
if
Lessee
for
years
be
re-ousted
with
force
,
and
he
in
the
Reversion
bring
an
Assise
,
and
the
Disseisin
is
found
with
force
,
yet
the
Force
is
not
punishable
,
for
the
Force
was
to
the
Lessee
for
years
.
150.
Nota.
It
was
resolved
by
the
Justices
,
That
if
the
Demandant
do
recover
in
an
Assise
,
he
may
enter
and
execute
the
Judgement
without
being
put
in
seisin
by
the
view
of
the
Recognitors
of
the
Assise
:
but
if
he
be
disseised
again
,
he
shall
not
have
Re-disseisin
,
but
is
put
to
his
Writ
of
Post
disseisin
.
151.
Note
,
It
was
agreed
by
the
Justices
,
That
if
Tenant
in
tayl
discontinue
and
dyeth
,
and
an
Ancestor
Collateral
in
the
life
of
the
Tenant
in
tayle
releaseth
to
the
Discontinuee
with
warranty
,
and
dyeth
;
and
afterwards
the
Issue
in
tayle
brings
a
Fo●medon
,
and
is
barred
by
the
Collateral
warranty
(
if
after
,
that
which
was
a
Collateral
warranty
become
a
lineal
warranty
,
as
it
may
;
)
yet
he
and
his
Heirs
shall
never
have
remedy
against
that
Bar
;
But
if
an
Exchange
be
between
Tenant
in
tayl
and
another
,
and
the
Tenant
in
tayl
dyeth
,
and
the
Issue
enter
into
the
Lands
taken
in
Exchange
,
and
afterwards
brings
a
Formedon
,
and
is
barred
and
dyeth
;
yet
his
Issue
may
enter
into
the
Lands
exchanged
,
or
recover
the
same
by
Action
,
notwithstanding
the
bar
in
the
first
Act●on
,
for
that
is
out
a
warranty
in
Law
,
which
is
not
so
strong
as
a
warranty
in
fact
:
but
he
may
disagree
to
the
Exchange
and
enter
,
or
bring
his
Action
at
his
Election
.
152.
A
man
leaseth
a
Mannor
to
another
with
all
the
members
and
appurtenances
,
To
have
and
to
hold
all
the
members
of
the
said
Mannor
to
the
Lessee
for
years
.
It
was
holden
,
It
was
a
good
Lease
of
the
Mannor
for
years
;
for
the
limitation
of
the
word
Member
was
void
,
and
so
it
was
a
good
Lease
of
the
Premisses
without
the
Habendum
.
Sutton
and
Robertsons
Case
.
153.
In
Ravishment
of
Ward
,
the
Case
was
,
Lord
and
Tenant
:
The
Tenant
enfeoffeth
the
Lord
and
another
of
the
Tenancy
;
and
they
reenfeoffed
the
Tenant
.
It
was
resolved
by
all
the
Justices
,
That
the
Seignory
was
extinct
;
for
by
the
Feoffment
to
them
all
the
Seignory
was
suspended
in
their
hands
,
and
then
when
they
departed
with
the
Lands
discharged
of
the
Seignory
,
it
was
an
Extinguishment
of
the
Seignory
:
and
when
the
Lord
joyned
with
his
Companion
in
the
Feoffment
,
all
passed
by
the
Feoffment
of
any
of
them
,
and
if
the
Lord
releaseth
all
his
Right
in
one
Acre
of
the
Lands
holden
,
it
is
an
Extingushment
of
the
whole
Seignory
.
154.
A
man
by
his
Will
deviseth
his
Lands
to
his
Wife
to
imploy
and
dispose
them
upon
herself
and
his
Sons
at
her
will
and
pleasure
.
Resolved
,
It
was
a
good
devise
in
fee
to
her
,
but
the
Estate
in
her
was
conditional
by
reason
of
the
words
eâ
intentione
,
which
makes
a
Condition
in
a
Devise
,
but
not
in
a
Feoffment
,
Guift
or
Grant
.
155.
A
man
recovered
and
sued
forth
a
Capias
ad
satisfaciend
.
to
the
Sheriff
,
who
arrested
the
Defendant
,
and
he
after
escaped
,
and
at
the
day
the
Sheriff
did
not
return
his
Writ
:
A
Sicut
alias
issued
to
the
Sheriff
;
upon
which
the
Sheriff
arrested
him
again
,
and
the
Defendant
brought
an
Audita
Querela
.
Resolved
,
the
Writ
did
well
lye
;
for
although
the
Par●y
himself
might
have
a
false
Imprisonment
against
the
Sheriff
,
because
he
had
not
returned
his
Writ
,
and
so
was
a
Trespassor
ab
initio
,
yet
by
the
first
taking
in
Execution
the
Arrest
cannot
be
lost
by
the
not
returning
of
the
Writ
,
but
having
respect
to
the
Party
Plaintiff
he
is
in
Execution
by
the
first
taking
presently
:
And
in
this
Case
it
was
said
,
That
if
a
man
be
condemned
in
Debt
or
Trespass
and
be
taken
in
Execution
,
although
he
be
chosen
a
Burgesse
of
Parliament
,
he
cannot
have
the
Priviledge
of
Parliament
to
discharge
him
of
the
Execution
.
Term.
Pasc.
6
Eliz.
Broughton
and
Conwayes
Case
.
156.
Debt
upon
Obligation
.
The
Condition
was
,
whereas
the
Defendant
had
sold
to
the
Plaintiff
a
Lease
of
the
Mannor
of
S.
that
he
should
not
do
nor
had
done
any
act
to
disturb
the
Plaintiff
of
the
possession
of
it
,
but
that
the
Plaintiff
should
hold
&
enjoy
it
peaceably
,
without
the
disturbance
of
the
Defendant
or
any
other
,
and
assigns
a
Breach
,
That
A.
had
brought
a
Writ
of
Dower
against
one
B.
of
the
said
Mannor
,
and
had
Judgment
and
Execution
,
and
so
he
was
disturbed
.
The
Defendant
said
,
That
the
Recovery
in
the
Dower
was
before
the
sale
made
to
the
Plaintiff
.
Resolved
,
The
Plaintiff
should
be
barred
,
because
the
Defendant
is
not
bound
by
the
words
of
the
Condition
to
warrant
the
peaceable
possession
to
the
Vendee
,
but
only
for
acts
by
himself
done
or
to
be
done
,
and
here
no
act
was
done
by
him
.
157.
It
was
holden
by
the
Justices
,
That
in
an
Action
brought
upon
the
Statute
De
Malefactoribus
in
parcis
,
That
notwithstanding
that
the
Queen
pardons
the
offence
,
yet
by
the
Statutee
the
Party
hath
remedy
for
the
Trespass
done
to
him
.
158.
A
man
made
a
Feoffment
in
Fee
upon
Condition
,
that
if
the
Feoffor
paid
certain
Monyes
to
the
Feoffee
before
such
a
day
,
or
to
his
Executors
or
Assignes
,
then
he
might
enter
before
the
Day
the
Feoffee
made
the
Feoffor
his
Executor
,
and
by
his
Will
gave
all
his
Goods
and
Chattels
to
his
Wife
and
dyed
.
Brown
Justice
,
held
,
That
by
making
the
Feoffor
Executour
,
the
Debt
was
released
,
because
the
Executor
could
not
pay
the
Debt
to
himself
:
But
the
better
opinion
was
,
that
the
Feoffee
was
to
pay
the
Money
,
being
a
thing
Testamentary
to
the
Wife
,
as
an
Assignee
of
the
Feoffee
:
Quaere
,
the
Case
was
not
resolved
to
whom
the
payment
should
be
.
159.
Dower
brought
;
the
Defendant
pleaded
that
he
had
assigned
to
the
Wife
20
acres
of
Corn
out
of
the
Land
in
recompence
of
her
Dower
;
and
adjudged
a
good
barr
,
as
well
as
of
Rent
,
or
any
other
profit
out
of
the
Land
.
160.
Three
Coparceners
,
Daughters
,
the
one
of
them
and
her
Husband
enter
into
the
whole
(
the
other
being
supposed
out
of
the
Realm
)
in
the
right
of
his
Wife
;
and
afterwards
the
other
two
return
,
and
release
to
the
Husband
and
Wife
and
their
Heirs
:
It
was
holden
,
that
the
Release
should
enure
only
to
the
Wife
and
her
Heirs
,
because
the
same
enures
only
by
way
of
Extinguishment
,
and
the
Baron
is
seised
in
the
right
of
his
Wife
:
But
admit
the
Husband
and
Wife
both
enter
and
are
Disseisors
,
then
the
Release
shall
enure
to
them
both
:
and
then
when
the
Wife
survives
the
Husband
she
shall
have
the
whole
.
161.
It
was
held
by
the
Justices
upon
the
Statute
of
31
H.
8.
of
Monasteries
,
That
if
a
Woman
who
hath
a
Widdows
estate
of
Lands
holden
by
Copy
whereof
the
Inheritance
was
in
the
Abby
,
That
if
the
Abbot
will
make
a
Lease
of
the
same
in
reversion
,
it
is
no
good
Lease
by
that
Statute
;
but
otherwise
it
is
of
a
Lease
at
will
by
the
Common-law
.
162.
Note
by
the
Justices
,
If
Issue
be
joyned
,
if
a
Church
be
void
by
a
Cession
,
Deprivation
,
or
Resignation
,
it
shall
be
tryed
by
the
Country
,
because
it
is
a
thing
mixt
;
for
the
Avoydance
is
Temporal
,
and
the
Deprivation
is
Spiritual
:
But
habilitie
Bastardy
,
ne
unque
accouple
en
loyal
Matrimonie
shall
be
tryed
by
the
Certificate
of
the
Bishop
;
but
Bastardy
pleaded
in
a
Stranger
to
the
VVrit
shall
be
tryed
by
the
Country
.
163.
VVords
spoken
of
an
Attorney
of
the
Common-Pleas
,
viz.
He
is
the
falsest
Knave
in
England
,
and
by
Gods
blood
,
he
will
cut
thy
Throat
;
Adjudged
Actionable
.
164.
A
man
devised
his
Land
to
his
wife
for
life
,
the
Remainder
to
another
for
his
life
,
and
after
their
deaths
he
devised
that
the
same
Lands
should
be
sold
by
his
Executors
or
the
Executors
of
his
Executors
;
he
dyed
after
the
Wife
,
and
he
in
the
Reversion
dyed
and
during
their
lives
,
one
of
the
Executors
dyed
intestate
.
It
was
the
opinion
of
the
Justices
,
That
the
Executors
of
one
Executor
should
not
make
the
sale
,
for
they
had
authority
joyntly
,
and
if
one
of
them
fail
,
the
other
cannot
execute
the
Testament
;
and
so
it
was
said
it
was
adjudged
in
Franklyn's
Case
,
where
a
man
devised
that
I.
S.
and
I.
D.
by
advice
of
the
Parson
of
D.
should
make
sale
of
his
Lands
after
his
death
,
and
before
the
sale
,
the
Parson
dyed
,
the
other
two
could
not
sell
the
Lands
.
165.
Wast
assigned
in
a
Marsh
for
that
the
Lessee
suffered
a
Sea
wall
adjoyning
to
the
Marsh
to
be
ruinous
,
by
which
by
the
flowing
of
the
Sea
the
Marsh
was
drowned
.
The
Court
conceived
,
That
if
it
was
a
small
breach
in
the
Wall
,
and
the
Lessee
did
not
repair
it
,
but
suffered
it
to
continue
,
it
was
waste
;
bet
if
it
was
suddenly
done
by
the
violence
of
the
water
,
the
Defendant
might
plead
that
matter
in
barr
.
Sir
Edward
Bray
and
Andrews
Case
.
166.
Action
for
words
,
viz.
My
Master
was
not
content
to
take
my
Living
from
me
,
but
sent
his
Man
Andrews
to
kill
me
.
Resolved
,
the
Declaration
was
not
good
for
the
incertainty
;
for
the
words
,
My
Master
comprehends
a
generality
,
and
doth
not
refer
to
any
Person
certain
;
and
therefore
it
cannot
be
intended
the
Defendant
intended
to
tax
the
Plaintiff
more
then
any
other
Person
,
and
it
may
be
he
had
at
that
time
many
Masters
,
and
it
ought
to
appear
to
the
Court
of
what
Person
certain
the
Defendant
intended
the
words
.
167.
An
Action
upon
the
Statute
of
Apparel
,
The
Writ
was
Ad
respondendum
Dominae
Reginae
,
quam
I.
S.
Resolved
the
Action
was
not
well
brought
,
because
the
Queen
and
the
Party
cannot
joyne
in
the
Action
,
but
they
ought
to
have
several
Actions
,
viz.
the
Queen
shall
have
an
Action
for
her
part
,
and
the
Informer
for
the
other
part
;
For
although
by
the
Premises
of
the
Statute
it
is
an
entire
duty
,
yet
the
sequel
of
the
Statute
determines
how
the
penalty
shall
be
taken
,
and
it
is
as
several
forfeitures
.
The
Earl
of
Northumberlands
Case
.
168.
Resolved
one
cannot
have
a
VVrit
of
Forfeiture
of
Marriage
without
a
Tender
made
to
the
Heir
:
contra
of
a
Writ
De
Valo●e
Maritagii
.
169.
Upon
an
Exigent
a
Writ
of
Proclamation
issued
which
was
returned
served
,
but
the
Name
of
the
Sheriff
was
not
to
the
Writ
.
Quaere
,
if
it
be
Error
.
The
Court
would
advise
of
it
.
Felton
and
Capells
Case
.
170.
In
a
Formedon
in
the
Discender
,
the
Tenant
vouched
to
Warranty
I.
S.
who
entred
into
the
Warranty
;
and
vouched
I.
D.
It
was
the
opinion
of
the
Justices
,
That
is
a
good
Counter
plea
,
that
the
vouchee
nor
any
of
his
Ancestors
had
any
thing
after
the
guift
,
so
as
he
could
enfeoff
him
who
vouched
him
.
171.
In
Debt
upon
an
Indenture
;
the
Defendant
pleaded
that
it
was
rased
after
the
delivery
by
the
Plaintiff
:
But
he
cannot
plead
,
That
it
is
not
his
deed
,
and
give
in
Evidence
the
rasure
,
but
he
ought
to
plead
the
special
matter
.
172.
A
Bishop
made
a
Lease
for
years
,
which
was
confirmed
by
the
Dean
and
Chapter
,
and
after
he
let
the
same
Land
to
another
for
20.
years
,
and
afterwards
before
any
Confirmation
of
it
,
he
let
the
same
Lands
to
a
third
person
for
60.
years
,
and
the
last
Lease
was
first
Confirmed
,
and
after
the
Lease
in
Reversion
was
Confirmed
also
.
Resolved
,
that
that
Lease
was
good
,
and
the
Confirmation
good
,
notwithstanding
the
last
Lease
was
first
Confirmed
;
for
the
Lease
is
not
to
have
any
Interest
by
the
Confirmation
,
but
only
to
make
it
perdurable
and
effectual
.
Squier
and
Reads
Case
.
173.
It
was
holden
by
the
the
Justices
in
this
Case
,
That
it
is
a
good
Challenge
in
a
Writ
of
Right
to
the
4.
Knights
,
that
they
are
not
gladiis
cincti
:
And
a
Challenge
to
them
must
be
made
upon
their
appearance
;
for
after
they
are
once
sworn
they
are
not
Challengeable
:
Also
the
4.
Knights
are
to
make
the
Pannell
,
and
they
need
not
to
put
their
Names
to
it
at
the
Return
of
it
,
as
the
Sheriff
useth
to
do
;
and
they
ought
to
return
to
be
of
the
Grand
Assise
but
12.
persons
besides
themselves
.
174.
A
man
had
Judgment
to
recover
in
trespasse
and
had
Execution
of
the
Reversion
of
a
Lease
for
years
and
of
the
Rent
.
It
was
the
opinion
of
the
Justices
,
that
the
Rent
and
Reversion
was
presently
in
him
,
and
that
he
might
avow
for
the
Rent
without
alledging
any
attornment
of
the
Lessee
for
years
.
175.
Debt
upon
Obligation
,
conditioned
to
pay
mony
to
the
Obligee
and
the
Parishoners
of
D.
at
such
a
Feast
:
payment
to
the
Obligee
and
two
of
the
Parishoners
of
the
Parish
is
good
;
and
it
is
not
requisite
the
payment
be
made
to
all
the
Parishoners
.
176.
In
an
Assise
of
Novel
desseisin
the
Assise
passed
against
the
Plantiff
,
who
thereupon
brought
an
Attaint
,
and
alledged
that
the
Jurors
to
the
Attaint
,
had
not
the
view
of
the
Tenements
in
demand
.
It
was
the
opinion
of
the
Court
,
that
after
the
Verdict
given
,
it
cannot
be
alledged
,
that
the
Jurours
had
not
the
View
;
and
Judgement
was
given
without
the
View
.
177.
In
Dower
,
the
Defendant
pleaded
,
That
the
Husband
of
the
demandant
did
not
dye
seised
;
so
that
she
could
not
have
damages
,
and
because
there
were
Woods
upon
the
Lands
,
she
prayed
a
Writ
of
Estrepment
.
Quaere
,
if
it
doth
Lie
,
It
was
not
Resolved
.
Griffiths
Case
.
178.
Lessee
for
years
suffered
the
Banks
of
the
River
of
Trent
,
which
ran
by
the
Lands
let
,
to
be
unrepaired
;
so
as
the
Water
brake
the
Banks
and
drowned
the
Lands
:
Adjudged
,
That
River
was
not
so
violent
,
but
that
the
Lessee
by
his
Industry
might
repair
the
Banks
,
and
to
make
the
water
run
in
its
Current
,
and
therefore
adjudged
,
it
was
Wast
.
179.
Debt
was
against
Executors
upon
an
Obligation
which
was
,
that
if
the
Testator
or
his
Executors
at
Mich.
every
year
during
the
life
of
the
Obligee
delivered
to
the
Obligee
a
Load
of
Dung
,
that
then
,
the
Defendants
pleaded
,
that
they
and
their
Testator
had
performed
,
not
shewing
how
,
which
was
found
against
them
;
It
was
adjudged
,
that
for
this
false
plea
of
the
Executors
,
Judgment
should
be
against
them
,
de
bonis
propriis
.
180.
One
was
named
in
the
Original
in
Debt
.
A.
B.
of
C.
in
the
County
of
Denbigh
,
He
appeared
upon
the
Cepi
Corpus
,
and
said
that
he
was
dwelling
at
D.
at
the
time
of
the
Action
brought
;
It
was
holden
,
it
was
No
plea
,
that
he
was
not
dwelling
at
C.
at
the
time
of
the
Action
brought
,
unlesse
he
say
Ne
unque
puis
.
181.
Lands
in
London
,
which
by
the
Custom
were
deviseable
,
came
to
the
King
by
Escheat
,
who
granted
them
over
to
I.
S.
to
hold
by
Knights
service
.
It
was
holden
,
That
notwithstanding
the
Statute
,
the
devise
of
the
whole
Land
was
good
as
it
was
by
the
Custome
,
which
is
not
taken
away
by
the
Statute
.
182.
The
King
by
his
Letters
Patents
gave
authority
to
his
Surveyour
to
make
Leases
of
certain
Lands
for
life
,
reserving
the
antient
Rent
:
He
by
Indenture
between
the
King
of
the
one
part
,
and
I.
S.
of
the
other
part
:
Quod
Dominus
Rex
dimisit
,
&c.
and
the
Surveyour
put
his
own
Seal
to
the
Deed.
It
was
adjudged
a
void
Lease
;
for
he
ought
not
to
have
put
his
Seal
to
it
,
but
the
Seal
of
the
King
:
and
it
cannot
be
the
Lease
of
the
King
without
his
Seal
.
183.
Grandfather
,
Father
and
Sonne
,
The
Grandfather
is
Tenant
for
life
,
the
Remainder
to
the
Son
in
tayl
,
the
Remainder
to
the
right
Heirs
of
the
Grandfather
:
The
Grandfather
suffers
a
Recovery
and
levyes
a
Fine
with
Proclamation
to
I.
S.
and
after
the
Statute
of
27
H.
8.
is
made
,
and
the
Grandfather
enfeoffeth
the
Sonne
of
the
Land
and
dyeth
.
Resolved
,
that
the
entry
of
the
Father
upon
the
Son
was
lawful
,
and
he
shall
not
be
estopped
by
the
warranty
of
the
Grandfather
;
for
that
the
Warranty
was
gone
by
the
reprisal
of
the
estate
,
and
it
was
holden
,
That
although
the
5.
years
were
past
in
the
life
of
the
Grandfather
,
yet
when
the
Grandfather
dyes
,
the
Father
shall
have
other
5.
years
to
make
his
Entry
,
or
clayme
,
and
that
by
the
Statute
of
4
H.
7.
184.
Lessee
for
years
rendering
Rent
upon
Condition
if
the
Rent
be
behind
,
the
Lessor
to
Reenter
,
a
Recovery
in
Debt
is
had
against
the
Lessor
,
and
the
Reversion
and
Rent
extended
by
Elegit
and
given
in
Execution
,
It
is
a
good
Execution
and
the
Condition
suspended
,
so
as
if
the
Rent
be
behinde
,
the
Lessor
cannot
enter
into
the
other
moety
.
185.
Two
Tenants
in
Common
of
a
Wood
;
one
Leaseth
his
part
for
years
who
cuts
Trees
and
commits
Wast
,
he
shall
be
punished
for
the
moety
of
the
Wast
,
and
the
Lessor
Recover
the
moety
of
the
Land
Wasted
.
186.
The
Dean
and
Canons
of
Windsor
were
Incorporated
by
Act
of
Parliament
,
by
the
Name
of
the
Dean
and
Canons
of
the
Kings
Free
Chapel
of
his
Castle
of
Windsor
,
and
they
made
a
Lease
by
the
Name
of
the
Dean
and
Canons
of
the
Kings
Majesties
Free
Chapel
of
of
the
Castle
of
Windsor
in
the
County
of
Berks.
Resolved
,
the
Lease
was
good
;
for
although
the
King
in
the
Act
of
Parliament
call
it
his
Castle
,
yet
when
another
speaks
of
it
,
it
is
more
apt
to
call
it
the
Castle
,
and
therefore
such
variance
shall
not
avoid
the
Lease
.
Newdigates
Case
.
187.
Lessee
for
life
and
he
in
the
Reversion
joyned
in
a
Lease
for
years
,
Lessee
for
life
dyed
,
the
Lessee
committed
Wast
.
Resolved
,
that
during
the
life
of
the
Lessee
for
life
,
it
was
her
Lease
and
the
Confirmation
of
him
in
the
Reversion
:
But
when
the
Tenant
for
life
dyed
,
then
it
was
the
Lease
of
him
in
the
Reversion
,
and
that
he
should
have
an
Action
of
Wast
ex
divisione
propria
.
188.
A
man
hath
3.
daughters
and
Covenants
with
I.
S.
that
he
shall
have
the
disposition
in
marriage
of
one
of
them
;
the
Election
is
in
the
Father
,
of
which
of
the
daughters
the
other
shall
have
the
Mariage
;
and
he
is
not
to
deliver
the
daughter
till
request
;
but
upon
request
he
is
to
deliver
the
daughter
to
I.
S.
otherwise
he
cannot
have
the
effect
of
the
Covenant
.
189.
In
a
Writ
of
False
Judgment
,
the
Sheriff
returned
Quod
accept
is
secum
4.
legalibus
Militibus
de
Com.
suo
accessint
,
&c.
Et
recordum
illud
habeo
,
&c.
coram
,
&c.
sub
sigillo
meo
&
sigillis
praedict.
Militum
;
It
was
adjudged
to
be
no
good
return
;
nor
the
Record
removed
,
but
it
ought
to
be
sub
sigillis
ex
his
qui
Recordo
illo
intersuerant
,
and
not
of
the
4.
Knights
.
190.
It
was
holden
by
the
Justices
,
that
if
upon
the
Exigent
the
Defendant
hath
a
supersedeas
,
but
doth
not
deliver
the
same
before
the
5th
County
,
so
as
he
is
returned
Outlawed
,
yet
because
the
Supersedeas
was
upon
Record
,
the
Justices
held
the
Outlawry
to
be
void
.
191.
A
Writ
of
Wast
was
Quod
secit
vastationem
in
the
Land
,
and
assigned
the
Wast
in
cutting
down
of
Trees
;
It
was
holden
that
was
not
good
,
but
if
he
had
assigned
the
Wast
in
digging
of
Clay
or
such
other
things
,
it
had
been
otherwise
,
for
that
is
Wast
in
the
Land
.
192.
A
man
devised
his
Lands
to
his
eldest
Son
in
Tail
,
the
remainder
to
his
youngest
Son
in
Tail
,
the
remainder
to
his
Daughter
in
Tail
,
and
if
they
all
dyed
without
Issue
,
that
then
the
Land
should
be
sold
by
his
Executors
;
the
eldest
entred
and
dyed
without
Issue
,
the
younger
Son
entred
and
suffered
a
Comon-Recovery
,
and
after
dyed
without
Issue
,
and
the
daughter
also
dyed
without
Issue
.
Resolved
,
That
the
Executors
could
not
now
sell
the
Land
.
193.
Note
,
If
an
Enfant
levy
a
Fine
,
and
take
back
an
Estate
for
life
or
in
Tail
by
render
,
he
shall
not
avoid
after
the
Fine
by
Error
,
but
is
without
remedy
.
Hawtree
and
Angers
Case
.
194.
Debt
against
A.
B.
and
E.
the
daughter
of
C.
Coheirs
in
Gavelkind
upon
an
Obligation
of
their
Father
A.
and
B.
were
Outlawed
and
had
their
pardon
,
E.
the
daughter
of
C.
who
was
dead
,
was
waive
;
The
Plaintiff
declared
against
A.
and
B.
simul
cum
E.
who
was
waive
;
The
Defendants
pleaded
that
E.
now
one
of
the
Heirs
in
Gavelkind
was
within
age
;
It
was
Resolved
,
that
the
Heir
of
an
Heir
should
be
chargeable
with
an
Obligation
simul
cum
the
immediate
Heirs
,
and
that
such
Heir
should
have
his
age
;
and
if
he
was
within
age
,
the
parol
should
demur
for
them
all
,
Mich.
7.
Eliz.
Swann
and
Searles
Case
.
195.
Covenant
against
A.
and
B.
Executors
of
I.
D.
I.
D.
was
Tenant
for
life
,
the
remainder
to
A.
I.
D.
by
Indenture
demised
the
Land
to
the
Plaintiff
for
years
,
rendering
rent
by
the
word
dimisit
&
Concessit
,
I.
D.
dyed
,
A.
who
was
in
the
remainder
entred
and
avoided
the
Terme
;
and
thereupon
the
Plaintiff
the
Lessee
for
years
brought
the
Action
against
the
Executors
of
I.
D.
and
it
was
adjudged
that
the
Action
did
not
lye
.
Mich.
7.
Eliz.
Worleyes
Case
.
196.
An
Enfant
was
bound
in
a
Statute
of
600
l.
and
afterwards
was
taken
in
Execution
upon
it
,
and
at
full
age
he
brought
an
Audita
Querela
,
to
avoid
the
Execution
:
The
Case
was
argued
by
the
Judges
,
and
at
length
Resolved
,
That
the
Audita
Querela
should
abate
;
For
it
was
Resolved
,
that
if
any
Enfant
acknowledge
a
Statute
,
or
Recognizance
,
or
Levyeth
a
Fine
of
his
Land
,
he
shall
not
reverse
it
by
Error
or
otherwayes
,
when
he
is
of
full
age
,
it
being
matter
of
Record
;
but
if
he
will
avoid
it
,
it
must
be
during
his
Minority
.
197.
One
came
to
an
Inn
and
brought
goods
with
him
,
The
Inkeeper
said
to
him
,
There
are
many
resort
to
this
House
,
and
I
do
not
know
their
behaviour
,
therefore
here
take
the
Key
of
such
a
Chamber
and
put
your
goods
there
,
for
I
will
not
take
Charge
of
them
,
and
afterwards
the
goods
were
stolen
.
It
was
the
opinion
of
Wrey
Justice
,
that
an
Action
did
lye
against
the
Inkeeper
,
for
he
is
by
the
Law
chargeable
with
all
things
which
come
into
his
Inn
,
and
by
Law
he
cannot
discharge
himself
by
such
words
as
are
in
this
Case
.
Price
and
Jones
Case
.
198.
Error
by
A.
and
B.
against
I.
S.
of
a
Judgment
in
an
Assise
of
Novel
Disseisin
given
by
the
Justices
of
Assise
at
Monmouth
;
It
was
demurred
unto
,
and
Adjudged
here
in
C.
B.
That
a
Writ
of
Error
here
upon
that
Judgement
did
not
lye
.
Stakely
and
Thynns
Case
.
199.
In
Debt
the
Plantiff
and
Defendant
both
appeared
by
their
Attorneys
and
day
was
given
to
the
parties
in
statu
quo
tune
,
till
8.
Hill.
at
which
time
the
Defendant
made
defaust
;
Holden
the
Plantiff
should
not
have
Judgment
,
because
Dies
Datus
,
is
as
strong
as
an
Imparlance
.
Lucas
and
Cottons
Case
.
200.
Words
,
viz.
George
Lucas
is
a
false
Knave
and
worthy
to
stand
upon
the
Pillory
.
The
Defendant
Justified
,
because
the
Plantiff
swore
his
debt
falsely
to
be
true
,
upon
an
Attachment
according
to
the
Custome
of
the
City
of
London
;
which
by
the
Court
was
holden
to
be
a
good
justification
,
wherefore
adjudged
against
the
Plantiff
.
Slisield
and
Sibills
Case
.
201.
Debt
by
Husband
and
Wife
upon
a
Lease
for
years
;
the
Defendants
said
,
that
they
had
not
any
thing
in
the
Land
at
the
time
of
the
Lease
,
as
to
part
;
It
was
found
that
they
had
and
did
demyse
,
and
as
to
other
parts
that
they
did
not
demyse
;
It
was
holden
,
the
Plantiffs
could
not
have
Judgement
for
any
party
.
Arden
and
Mischells
Case
.
202.
Replevin
.
The
Defendant
avowed
as
Bayliff
to
the
Countesse
of
Rutland
for
Rent
;
The
Defendant
said
,
that
the
Abbot
of
C.
29
H.
8.
was
feised
and
made
a
Lease
to
I.
S.
for
60.
years
rendering
Rent
,
viz.
22
s.
and
expressed
the
same
by
such
figures
,
viz.
22
s.
and
that
after
the
making
and
delivery
of
the
Indenture
,
the
Plantiff
caused
the
said
22
s.
to
be
rased
into
the
forme
of
5.
and
after
the
said
5.
caused
to
be
adjoyned
the
Letter
(m)
by
which
the
Indenture
was
void
.
It
was
the
opinion
of
the
Justices
that
by
such
rasure
the
deed
was
void
.
B●lfield
and
Rouse
Case
.
203.
Dower
.
The
Defendant
pleads
as
to
part
in
abatement
,
that
he
was
not
Tenant
,
and
as
to
the
Rest
,
he
pleads
a
gift
in
Fee
to
the
Husband
by
which
he
claimed
the
Land
as
Brother
to
the
Husband
;
and
also
pleads
a
Will
by
which
he
was
entitled
to
other
parts
,
both
which
the
Plaintiff
did
Detain
;
Upon
Non
Detinet
,
it
was
found
for
the
Plaintiff
,
and
she
had
Judgment
for
damages
from
the
death
of
the
Husband
.
Watson
and
Bishop
of
Cant.
Case
.
104.
In
a
Quare
Impedit
,
the
Defendants
at
the
Distresse
made
default
,
and
Judgment
was
given
for
the
Plaintiff
against
all
the
Defendants
to
recover
damages
,
because
they
were
supposed
all
disturbers
by
their
default
,
but
the
Plaintiff
was
compelled
to
make
Title
.
Bullock
and
Bardetts
Case
.
205.
The
Case
was
,
the
Bishop
of
Salesbury
in
temps
R.
2.
made
a
Feoffment
in
Fee
of
a
Messuage
and
3.
Roodes
of
Land
in
Erbonfield
,
parcel
of
the
Mannor
of
S.
nec
non
of
17.
Acers
of
Wood
in
a
great
Wood
containing
a
1000.
Acres
to
Bullock
and
his
Heirs
,
and
after
5.
discents
the
Land
came
to
the
Plaintiff
,
who
6.
of
the
Queen
entred
into
the
great
Wood
,
and
made
election
of
the
17.
Acres
in
a
place
called
Saltors
Hill
parcel
of
the
said
great
Wood
,
and
distinguished
them
by
Metes
and
Bounds
;
The
Question
was
,
if
the
17.
Acres
passed
to
G.
Bullock
,
and
whether
the
election
of
them
by
R.
Bullock
his
Heirs
in
the
5th
.
discent
was
good
or
not
;
It
was
the
opinion
of
the
Justices
,
that
nothing
thereof
was
vested
in
G.
Bullock
the
Ancestor
and
the
Election
to
have
the
17.
Acers
was
not
given
to
the
Plantiff
the
Heir
,
for
that
nothing
was
in
the
Ancestors
which
might
discend
to
him
,
and
as
a
purchasor
he
could
not
take
for
that
nothing
was
given
to
him
.
Pasc.
10
Eliz.
The
Lord
Dacres
Case
.
206.
The
Lord
Dacres
and
others
agreed
to
enter
into
a
Park
and
hunt
there
,
and
to
kill
those
who
should
resist
them
:
They
entred
,
and
I.
S
came
to
one
of
them
,
and
asked
one
of
them
what
he
had
to
do
there
,
and
the
other
killed
him
,
the
Lord
being
a
quater
of
a
myle
distant
from
the
place
,
and
knew
not
of
it
.
It
was
adjuged
Murder
in
him
and
all
his
Companions
.
Sir
Rich.
Mansfields
Case
.
207.
Difference
being
betwixt
Sir
Rich.
and
one
Herbert
for
Wreck
of
the
Sea
,
they
appointed
a
Duell
;
Herbert
with
his
Servants
came
to
Sir
Richards
house
to
fight
with
him
;
a
Friend
to
them
both
,
perswaded
with
them
to
take
up
the
matter
;
One
of
the
Servants
of
Sir
Richard
cast
a
Stone
at
Herbert
and
his
Servants
,
and
perchance
therewith
killed
their
Friend
:
It
was
adjudged
Murder
for
the
Malice
which
he
had
to
Herbert
.
208.
A
man
made
a
Lease
for
years
upon
Condition
if
the
Rent
was
behind
the
Lease
to
be
void
;
the
Rent
is
behind
,
the
Lessee
continued
possession
for
3.
years
after
,
the
Lessor
brought
debt
for
the
Rent
for
all
the
time
,
Quaere
,
if
it
doth
lye
;
the
Justices
were
divided
in
opinion
.
Moreton
and
Hopkins
Case
.
209.
In
a
second
Deliverance
by
A.
against
H.
the
Defendant
,
he
made
Conusance
,
as
Bayliff
to
I.
S.
and
M.
his
Wife
:
The
Case
was
,
the
Plain●iff
17
Octob.
4.
&
5.
Mar.
by
deed
granted
a
Rent
of
10
l.
to
B.
and
to
E.
and
W.
the
younger
Son
of
the
said
A.
Habend
.
for
the
life
of
E.
to
the
use
of
E.
and
gave
seisin
of
it
;
W.
and
E.
so
seised
;
W.
dyed
,
E.
took
Husband
I.
S.
who
for
5
l.
Rent
arrere
avowed
.
The
Plaintiff
said
,
That
the
said
I.
S.
Z
October
7.
Eliz.
acknowledged
that
he
had
received
5
l.
of
the
Plaintiff
of
the
said
Rent
;
It
was
adjudged
,
that
the
said
receipt
and
acquittance
of
I.
S.
the
Husband
was
a
good
barre
of
the
Conusans
.
Howse
and
the
Bishop
of
Elys
Case
.
210.
In
Debt
the
Plantiff
declared
,
that
the
predecessor
of
the
Bishop
granted
to
him
the
Office
of
keeping
the
Mansion
House
of
D.
of
the
Bishop
,
for
the
Term
of
his
life
;
with
the
Fee
of
2
d.
per
diem
to
be
issuing
and
paid
out
of
the
profits
of
the
said
Rents
and
Farme
of
D.
by
the
Receiver
of
the
Bishop
:
and
also
an
yearly
Robe
,
which
grant
was
confirmed
by
the
Dean
and
Chapter
;
the
Bishop
dyed
,
the
Annuity
and
Robe
was
not
paid
,
for
which
the
Plaintiff
brought
his
Action
against
the
Successor
Bishop
,
who
pleaded
that
the
Plaintiff
did
not
exercise
the
said
Office
,
and
because
D.
was
within
the
Isle
of
Ely
,
where
the
Kings
Writ
did
not
run
;
a
Venire
was
to
the
Sheriff
of
Cambridge
from
S.
next
adjoyning
to
D.
in
the
said
●sle
of
Ely
;
who
found
for
the
Plaintiff
,
and
he
had
Judgment
to
recover
the
Annuity
,
and
the
Arerages
,
and
the
Robe
,
and
that
the
grant
did
binde
the
Successor
.
Luken
and
Eves
Case
.
211.
In
Replevin
,
The
Defendant
avowed
for
that
A.
was
seised
of
the
Mannor
of
D.
in
Fee
,
and
had
a
Leet
within
the
Mannor
to
be
holden
in
the
Feast
of
&c.
and
let
the
Mannor
to
the
Defendant
for
years
;
And
that
the
Defendant
held
the
Court
Leet
such
a
Feast
;
and
that
the
Plaintiff
was
an
Inhabitant
within
the
Leet
at
the
time
,
and
being
Summoned
to
appear
at
the
said
Leet
,
did
not
appear
,
which
being
presented
by
the
Homage
,
he
was
Amerced
5
s.
which
was
afferred
,
and
for
the
Amercement
the
Defendant
did
destrain
:
The
Defendent
pleaded
that
he
was
not
a
Resient
within
the
Leet
at
the
time
which
was
found
against
him
;
wherefore
the
Defendant
was
adjudged
to
have
a
Return
of
the
Cattel
and
his
damages
.
Stephens
and
Clarks
Case
.
212.
Quare
Imp.
King
Henry
8
seised
of
the
Mannor
of
D.
and
the
Advouson
Appendent
,
presented
I.
S.
the
Mannor
with
the
Advouson
by
Discent
came
to
the
Queen
,
who
granted
it
to
the
Lord
Stafford
and
his
Wife
and
the
Heirs
of
the
body
of
the
Lord
;
the
Lord
Stafford
dyed
;
His
Wife
and
eldest
Son
granted
the
Mannor
and
Advouson
to
I.
D.
and
his
Wife
for
their
lives
:
The
Incumbent
dyed
,
who
during
the
Avoydance
,
granted
the
Advouson
to
the
Plaintiff
.
It
was
Resolved
,
That
the
grant
of
the
next
Avoidance
to
the
Plaintiff
during
the
Avoidance
,
was
void
in
Law
.
Playn
and
Crouches
Case
.
213.
A
Villein
was
Regardant
to
a
Mannor
,
the
Lord
of
the
Mannor
had
not
seisin
of
the
Villein
,
nor
any
of
his
Ancestors
from
1.
H.
7.
to
this
time
;
but
they
had
seisin
of
the
Mannor
to
which
the
Villein
was
Regardant
,
and
if
seisin
of
the
Mannor
was
seisin
of
the
Villein
,
was
the
Question
;
The
Issue
in
an
Assise
being
upon
the
seisin
,
Quaere
;
It
was
not
Resolved
,
It
was
Conceived
that
in
favore
Libertatis
,
the
Lord
could
not
now
seise
the
Villein
.
No
Judgment
was
in
the
Case
.
214.
If
the
Husband
be
seised
of
Land
in
the
Right
of
his
Wife
,
the
Husband
makes
a
gift
in
Tail
of
it
rendering
Rent
,
and
afterward
the
Husband
and
Wife
grant
the
Reversion
by
Fine
:
It
was
holden
it
should
bar
the
Wife
of
the
whole
:
but
if
they
had
granted
the
Rent
only
,
then
the
Wife
after
the
death
of
the
Husband
might
enter
into
the
Land
.
215.
A
man
Leaseth
a
Mannor
for
years
,
rendring
Rent
with
a
Reentry
;
a
stranger
recovers
in
Debt
against
the
Lessor
,
and
hath
Elegit
upon
the
Judgment
.
Resolved
he
shall
have
the
moyety
of
the
Reversion
,
and
the
moyety
of
the
Rent
in
Execution
;
and
the
Condition
is
suspended
for
the
whole
vide
before
.
216.
Tenant
in
Tail
makes
a
Lease
for
21
years
,
and
afterwards
makes
a
Feoffment
in
Fee
,
with
a
Letter
of
Attorney
to
make
Livery
,
who
enters
and
ousts
the
Lessee
and
make
Livery
:
Adjudged
,
It
was
a
discontinuance
;
And
it
was
said
,
That
it
was
adjudged
in
the
Earl
of
Warwicks
Case
.
A
man
made
a
Lease
for
life
,
and
afterwards
made
a
Feoffment
in
Fee
,
and
a
Letter
of
Attorney
to
make
Liver
,
who
ousted
the
Lessee
and
made
Livery
.
That
it
was
a
good
Feoffment
,
and
if
the
Lessee
for
life
reentred
,
the
Reversion
remainder
in
the
Feoffee
.
217.
A
maid
Servant
conspires
with
her
Lover
to
rob
her
Mistrisse
,
the
Man
comes
in
the
night
,
the
Maid
hides
him
;
and
after
the
Man
kills
the
Mistresse
:
Adjudged
Murder
in
the
Man
,
and
Petty
Treason
in
the
Maid
Servant
.
Symonds
Case
.
218
A.
24.
H.
8.
Covenants
with
I.
S.
that
all
persons
who
were
Feoffees
of
Certain
of
his
Land
should
be
seised
thereof
to
the
use
of
the
said
A.
for
life
,
and
after
his
decease
to
the
use
of
W.
his
Son
,
and
M.
S.
and
the
Heirs
of
their
bodies
begotten
,
and
for
want
of
such
Issue
the
remainder
to
the
Right
Heir
of
A.
and
after
he
makes
a
Feoffment
to
those
uses
,
W.
and
M.
S.
intermary
,
A.
dyeth
.
After
27.
H.
8.
the
Husband
aliens
the
whole
and
dyeth
;
his
Wife
enters
into
the
whole
;
Adjudged
her
entry
into
the
whole
was
not
Lawfull
;
but
only
for
a
moyety
,
and
it
was
agreed
that
several
moyeties
may
be
of
an
Estate
tail
,
aswell
as
of
a
Fee
simple
between
Husband
and
Wife
.
219.
A
man
made
a
Feoffment
to
the
use
of
a
Woman
for
●●fe
,
who
was
a
Feme
sole
at
the
time
,
the
remainder
to
the
right
Heirs
of
their
two
bodies
,
the
remainder
to
his
right
Heirs
in
Fee
;
after
they
intermarried
,
and
the
Husband
having
Tenants
at
Will
of
the
Lands
,
Devised
that
the
Wife
should
have
the
Reversion
in
Fee
,
so
as
she
pay
his
debts
and
Legacies
and
performe
his
Will
,
and
by
his
Will
deviseth
his
Tenant
should
have
the
Tenements
for
life
and
dyeth
,
the
Wife
takes
another
Husband
,
who
ousts
the
Tenants
at
Will
:
It
was
Resolved
,
the
same
was
no
forfeitute
of
her
remainder
.
But
if
the
Will
had
been
upon
condition
that
his
last
Will
should
be
performed
,
It
had
been
otherwise
.
220.
A
man
made
a
Lease
for
30.
years
.
The
Lessor
Covenanted
to
Repair
the
House
.
The
Lesse
granted
parcel
of
the
Term
for
10
:
years
:
It
was
holden
,
that
his
Grantee
should
not
have
an
Action
of
Covenant
by
the
Statute
of
32.
H.
8.
of
Conditions
,
for
he
is
not
Tenant
to
the
first
Lessor
;
But
if
the
Lessor
ganteth
his
Reversion
for
years
,
his
Grantee
shall
have
Covenant
or
benefit
of
the
Condition
with
which
the
Lessee
is
charged
,
for
he
is
an
Assignee
within
the
Statute
,
because
the
Lessee
holdeth
of
him
.
221.
If
the
Ancestor
of
the
Husband
Covenant
to
stand
seised
of
Certain
Lands
,
to
the
use
of
the
Husband
and
Wife
in
Consideration
of
Marriage
,
and
also
for
a
Certain
Sum
of
Mony
,
If
the
Wife
alien
that
Land
after
the
death
of
the
Husband
:
It
was
said
,
that
the
Heir
of
the
Husband
might
enter
by
the
Statute
of
11.
H.
7.
for
the
Consideration
of
Marriage
shall
be
preferred
before
the
Consideration
of
Mony
,
and
then
it
shall
be
said
the
gift
of
the
Ancestors
of
the
Husband
,
and
within
the
Statute
,
as
it
was
said
it
was
adjudged
in
Villiers
Case
.
The
Lord
Treasurer
and
Bartons
Case
.
222.
A
man
made
a
Lease
for
100
years
:
The
Lessee
made
a
Lease
for
20.
years
rendering
Rent
with
clause
of
Reentry
;
the
first
Lessor
granted
the
Reversion
in
Fee
,
attonement
was
had
,
the
grantee
purchased
the
Reversion
of
the
Term
:
It
was
holden
and
adjudged
,
that
he
should
not
have
the
Rent
not
the
reentry
,
for
that
the
Rent
which
was
incident
to
the
Reversion
,
was
extinct
by
the
purchase
of
the
Reversion
in
Fee
.
223.
A
man
was
Tenant
by
the
Curtesie
of
a
Mannor
,
a
Copy-hold
came
to
his
hands
by
forfeiture
;
Afterwards
he
was
bound
in
a
Statute
,
and
afterwards
demised
the
Copyhold
Land
again
:
It
was
holden
this
Copyhold
should
be
lyable
to
the
Statute
,
because
it
was
once
annexed
to
the
Freehold
of
the
Lord
,
and
bound
in
his
hands
.
Pasch.
12.
Eliz.
224.
If
the
Lord
grant
to
his
Copyholder
the
Trees
growing
upon
the
Land
and
which
afterwards
shall
grow
,
and
that
it
shall
be
Lawfull
for
the
Tenant
to
cut
and
carry
them
away
:
It
was
holden
to
be
No
forfeiture
of
his
Copyhold
,
because
he
hath
dispensed
with
the
forfeiture
by
his
grant
,
but
he
cannot
cut
the
Trees
which
shall
after
grow
,
for
as
to
them
the
grant
is
void
.
Brabrokes
Case
.
225.
I.
D.
19.
H.
8.
gave
the
Mannor
of
N.
to
I.
S.
and
A.
and
the
Heirs
of
the
body
of
the
said
I.
S.
on
the
body
of
A.
remainder
to
a
stranger
in
Tail
,
the
remainder
in
Fee
.
I.
S.
Maried
A.
and
after
26.
H.
8.
he
suffered
a
Common
Recovery
with
single
voucher
to
the
use
of
him
and
his
Heirs
,
the
Statute
of
27.
H.
8.
was
made
,
and
after
he
in
the
remainder
in
Tail
was
attainted
of
Treason
,
and
28.
H.
8.
It
was
Enacted
in
Parliament
,
that
all
his
Lands
and
hereditaments
which
he
had
or
ought
to
have
,
should
be
forfeited
,
the
Recovery
was
without
any
Original
:
Afterwards
I.
S.
gave
the
Mannor
to
I.
D.
and
his
Heirs
,
who
made
a
Joynture
thereof
to
M.
his
Wife
for
life
,
after
the
death
of
I.
D.
M.
took
to
Husband
the
Plaintiff
,
against
whom
Intrusion
was
brought
;
It
was
adjudged
against
the
Plaintiff
for
one
moyety
.
Hil.
14.
Eliz.
226.
The
Earl
of
Oxon.
Tenant
for
life
of
certain
Mannors
made
a
Copy
in
reversion
to
I.
S.
for
life
and
dyed
,
the
Copyholder
in
possession
dyed
.
The
Heir
of
the
Earl
demised
the
same
by
Copy
to
I.
S.
It
was
the
opinion
of
all
the
Justices
,
that
the
Copy
in
Reversion
was
not
good
:
But
it
was
agreed
,
If
it
come
in
possession
during
the
Tenant
for
life
,
then
it
is
good
.
227.
Two
Acres
discend
to
two
Coparceners
,
one
of
them
before
Partition
grants
a
Rent
Charge
out
of
one
of
the
Acres
,
and
upon
Partition
,
the
Acre
charged
is
allotted
to
the
other
Sister
.
It
was
adjudged
,
she
should
hold
it
discharged
of
the
Rent
.
Pledall
and
Pledalls
Case
.
228.
It
was
Adjudged
in
this
Case
,
That
the
Jurours
are
not
to
to
take
Notice
of
matters
of
Estoppel
which
are
given
in
Evidence
between
the
parties
,
upon
pain
of
Attaint
,
for
they
are
strangers
to
the
Conclusions
of
the
parties
.
Evans
Case
.
229.
A
man
had
issue
two
Sons
,
and
devised
Lands
to
his
youngest
Son
in
Tail
and
dyed
,
the
eldest
having
Issue
a
Son
;
the
younger
Son
aliened
the
Land
in
Fee
with
Warranty
,
and
went
beyond
Sea
,
and
there
dyed
without
Issue
,
the
Son
of
the
eldest
being
within
age
;
It
was
the
opinion
of
the
Justices
,
the
same
was
a
Collateral
Warranty
,
and
without
asserts
,
was
a
bar
to
the
Issue
of
the
eldest
Son
notwithstanding
his
Nonage
.
Muttons
Case
.
330.
A
man
seised
of
Land
,
levyed
a
Fine
to
the
use
of
himself
and
such
Woman
as
he
should
after
Marry
,
and
after
their
decease
to
the
use
of
I.
his
daughter
and
the
Heirs
of
her
body
,
afterwards
he
Married
A.
and
dyed
,
who
entred
;
It
was
the
opinion
of
the
Justices
,
to
A.
for
her
life
.
Appowel
and
Monnoux
Case
.
231.
A.
seised
of
the
Mannors
and
Rectories
of
B.
G.
and
D.
let
the
same
(
except
the
scite
of
the
Mannor
of
B.
)
to
I.
S.
for
25.
years
:
Reserving
for
the
Mannor
of
B.
76
l.
for
the
Mannor
and
Reversion
of
B.
30
l.
for
the
Rectory
of
B.
14
l.
and
for
the
Rectory
of
D.
and
the
Lands
to
it
belonging
●3
l.
payable
yearly
at
●
.
Feasts
in
the
Church
of
F.
not
parcel
of
the
Premisses
upon
Condition
if
the
said
Rents
or
any
of
them
were
behind
for
the
space
of
7.
Weeks
,
it
should
be
Lawfull
for
him
his
Heirs
and
Assignes
to
Reenter
on
all
the
premises
;
and
afterwards
he
bargained
and
sold
the
Scite
of
the
Mannor
of
B.
and
the
Reversion
of
all
the
Mannors
and
Rectories
to
I.
D.
and
his
Heirs
;
who
enfeoffed
certain
persons
,
and
granted
the
Reversion
of
all
the
Mannors
and
Rectory
,
to
have
and
hold
the
Scite
of
the
Mannor
of
B.
and
the
Reversion
of
the
Rectory
of
D.
to
the
use
of
himself
and
Eliz
his
Wife
for
their
lives
and
the
life
of
the
Survivour
of
them
,
the
remainder
to
W.
his
Son
and
his
Heirs
for
ever
:
And
to
have
the
Reversion
of
all
the
other
Mannors
and
the
Rectories
of
B.
and
C.
to
the
use
of
himself
for
life
,
the
Remainder
to
the
said
W.
his
Son
and
his
Heirs
:
I.
S.
the
Lessee
attorned
,
I.
D.
dyed
Eliz.
his
Wife
held
the
Scite
of
B.
and
the
Reversion
of
the
Rectory
of
D.
by
Survivour
;
W.
seised
of
all
the
Mannors
and
Rectories
as
aforesaid
,
granted
the
Reversion
of
a
Messuage
parcell
of
the
Mannor
of
B.
to
W.
D.
and
his
Heirs
,
to
which
grant
I
S.
attorned
,
and
afterwards
by
Bargain
and
sale
enrolled
;
granted
the
Reversion
of
all
the
said
Mannors
and
Rectories
to
H.
I.
and
K.
and
their
Heirs
,
half
a
years
Rent
reserved
for
the
Mannor
of
B.
was
behind
,
for
which
the
grantees
destrained
by
their
Bayliffs
:
In
this
Case
,
it
was
Resolved
.
1.
That
this
demise
and
Lease
was
joynt
and
entire
,
and
so
was
the
Condition
of
it
,
notwithstanding
the
several
Reservations
of
the
Rents
.
2.
That
the
grantee
of
parcell
of
the
Reversion
,
could
not
take
advantage
of
the
Condition
,
but
that
the
Condition
as
to
the
grantee
was
determined
.
3.
That
the
bargainee
was
a
sufficient
Assigne
within
the
Statute
to
take
advantage
of
the
Condition
,
by
the
Statute
of
27.
H.
8.
of
uses
,
which
gives
Cestuy
que
use
the
possession
,
and
the
Estate
of
the
Feoffees
,
and
all
the
advantages
which
the
Feoffes
might
have
;
and
they
agreed
the
Condition
to
be
determined
upon
this
difference
,
viz.
When
it
is
entire
one
cannot
divide
it
by
his
own
act
,
but
by
act
of
Law
in
may
be
divided
and
apportioned
,
and
so
it
was
in
this
Case
.
Hunks
and
Alboroughs
Case
.
232.
A
man
made
his
Will
and
gave
divers
Legacies
,
and
in
the
end
of
it
,
he
gave
all
the
rest
of
his
goods
to
his
Wife
,
who
he
made
his
Executor
to
pay
his
debts
;
she
took
Husband
,
who
made
the
Defendant
his
Executor
and
dyed
:
against
whom
,
the
Wife
Executrix
brought
Detinue
of
the
goods
of
her
first
Husband
,
and
adjuged
maintainable
;
because
she
took
the
goods
not
as
Legatee
but
as
Executrix
.
Harwell
and
Lucas
Case
.
233.
A.
seised
the
Mannor
of
K.
leased
6.
acres
,
parcel
of
it
to
I.
S.
for
21.
years
without
any
Remainder
,
and
after
lets
the
6.
Acres
to
I.
D.
for
26.
years
,
to
begin
after
the
expiration
of
the
first
Lease
,
rendring
rent
;
and
afterwards
made
a
Feoffment
of
the
Mannor
,
and
all
his
Lands
to
the
use
of
the
Feoffees
&
their
Heirs
upon
Condition
,
if
they
did
not
pay
10000
l.
within
15.
dayes
,
then
it
should
be
to
the
use
of
himself
and
his
wife
,
the
Reversion
to
their
second
Son
in
tayle
with
divers
Rema●nders
over
;
the
Remainder
to
his
right
Heirs
;
Livery
was
made
of
the
Land
in
possession
,
and
not
in
the
6.
Acres
,
the
Money
was
not
paid
;
afterwards
the
first
Lessee
for
years
attorned
,
the
Husband
and
wife
dyed
,
the
first
Lease
ended
,
the
second
Lessee
dyed
;
his
Wife
married
the
Defendant
.
The
Son
of
A.
distreyned
for
the
Rent
.
It
was
adjudged
in
this
Case
,
That
although
the
reversion
of
the
6.
Acres
did
not
passe
by
the
Livery
without
attornment
,
yet
the
attornment
of
the
first
Lessee
was
sufficient
,
and
although
the
use
to
the
Feoffees
and
their
Heirs
was
determined
before
the
attornment
,
yet
the
attornment
was
good
to
passe
the
Reversion
to
the
last
contingent
use
,
and
so
the
Title
of
the
Sonne
of
A.
to
the
Rent
was
good
.
Cranmers
Case
.
234.
King
Henry
8.
made
a
Lease
of
Land
for
21.
years
,
the
Reversion
came
to
E.
6.
who
Anno
primo
of
his
reign
granted
the
same
to
Cranmer
Bishop
of
Canterbury
;
He
6
E
6.
granted
the
Reversion
to
D.
and
C.
to
the
use
of
the
Bishop
for
life
;
the
Remainder
for
20.
years
to
the
use
of
the
Executors
of
the
Bishop
,
the
Remainder
in
tayle
to
the
Grantor
,
the
Remainder
to
his
right
Heirs
;
The
Bishop
in
time
of
Queen
Mary
was
attainted
of
Treason
,
and
all
his
Lands
and
Chattels
given
to
the
Queen
by
Act
of
Parliament
.
The
Queen
was
possessed
of
the
Term
for
20.
years
and
granted
the
same
to
I.
S.
It
was
adjudged
,
That
the
term
for
years
in
remainder
was
never
in
the
Bishop
to
forfeit
;
but
it
was
only
an
authority
to
nominate
Executors
in
whom
the
Term
should
vest
by
purchase
;
and
because
by
reason
of
his
Attainder
he
could
not
make
Executors
,
the
Term
for
20.
years
did
never
rise
,
and
so
the
Grant
of
it
by
the
Queen
Mary
to
I.
S.
not
good
.
See
Dyer
310.
contr.
Plastow
and
Batch●llors
Case
.
235.
A●man
brought
a
Formedon
in
Discender
,
and
pending
it
he
brought
a
Writ
of
Estrepment
,
which
he
delivered
to
the
Defendant
,
who
notwithstanding
the
Writ
afterwards
committed
Waste
.
It
was
adjudged
,
the
Plaintiff
should
recover
his
Dammages
and
Costs
.
Manwoods
Case
.
236.
Wast
was
brought
and
assigned
in
digging
of
Clay
,
and
selling
of
it
,
and
in
plowing
of
Meadow
,
and
cutting
down
of
100.
Oaks
.
The
Defendant
pleaded
Not
Guilty
as
to
all
,
but
cutting
down
of
6.
Oaks
which
grew
in
a
Hedge
row
,
which
he
said
were
Pollards
not
sufficient
for
building
;
upon
which
it
was
demarred
and
adjudged
for
the
Plaintiff
.
Calthrops
Case
.
237.
Ejectione
formae
.
The
Case
was
,
A.
seised
in
Fee
,
26
H.
8.
in
consideration
of
Marriage
between
E.
his
Brother
,
and
F.
the
Daughter
of
W.
and
200
l.
of
Money
paid
by
W.
covenanted
to
execute
an
Estate
of
the
Mannor
of
N.
to
the
uses
following
,
viz.
of
Lands
of
the
value
of
20
l.
to
the
use
of
the
said
E.
and
F.
for
their
lives
,
and
after
carnal
Copulation
to
the
use
of
the
Issues
of
their
Bodyes
,
with
remainder
over
to
E.
and
the
Heirs
of
his
Bodye
,
the
remainder
to
the
right
Heirs
of
A.
and
of
the
residue
to
the
use
of
A.
for
life
,
the
remainder
to
E.
F.
for
their
lives
,
and
after
carnal
Copulation
,
the
remainder
as
before
,
and
afterwards
he
executed
the
estate
by
Fine
and
Recovery
to
the
said
uses
.
The
Marriage
did
not
take
effect
,
but
E.
by
another
Wife
had
Issue
3.
Daughters
:
A.
took
a
Wife
,
and
had
Issue
by
her
,
and
dyed
,
E.
and
F.
dyed
,
C.
conveyed
the
Mannor
to
D.
upon
whom
the
eldest
Daughter
of
E.
entred
,
and
made
a
Lease
of
her
part
.
In
this
case
,
It
was
resolved
,
1.
That
the
use
for
the
life
of
E.
and
F.
did
well
rise
,
although
the
marriage
took
no
effect
,
the
use
being
declared
upon
an
Estate
executed
,
which
needs
not
any
consideration
:
but
otherwise
if
it
had
been
upon
a
Covenant
to
stand
se●sed
upon
consideration
of
Marriage
and
Money
;
for
there
without
Marriage
no
use
would
rise
,
although
the
Money
was
paid
.
2ly
.
That
the
Election
should
go
to
him
who
was
to
take
the
use
.
3ly
.
That
the
limitation
was
not
void
for
the
incertainty
.
4ly
.
That
in
this
Case
,
although
the
Cestuy
que
use
did
not
make
the
Election
during
his
life
,
yet
he
in
the
Remainder
might
after
his
death
.
5ly
.
The
Court
doubted
whether
the
Remainder
did
take
effect
,
because
the
Marriage
did
not
take
effect
;
and
they
conceived
it
was
not
the
intent
of
the
Parties
,
that
should
be
advanced
with
so
much
Land
,
if
the
Marriage
did
not
take
effect
.
The
matter
was
afterwards
ended
by
Arbitrament
.
Lane
and
Coopers
Case
.
238.
The
Case
was
,
The
Mannor
of
H.
to
make
a
Joynture
was
conveyed
by
a
Deed
in
Latine
,
to
himself
and
his
VVife
for
the
Term
of
their
lives
,
the
Reversion
Seniori
puero
de
corpore
ipsius
W.
H.
&
Haered.
de
corpore
suo
legitimo
procreato
;
the
Remainder
to
the
general
tayl
to
the
Husband
,
the
Remainder
to
I.
S.
in
fee
thereof
:
Afterwards
by
an
Indenture
between
him
and
I.
S.
in
English
,
he
covenanted
that
he
and
his
wife
should
levy
a
Fine
to
B.
and
C.
to
the
use
of
himself
and
his
wife
for
their
lives
,
the
Remainder
to
the
use
of
the
eldest
Child
of
the
said
W.
H.
and
the
Heirs
of
the
body
of
such
eldest
Child
,
the
Remainder
over
;
A
Fine
was
levyed
accordingly
,
and
after
his
wife
died
without
issue
,
and
W.
H.
married
another
woman
,
and
by
her
had
issue
a
Daughter
his
eldest
Childe
,
and
a
Sonne
his
younger
:
It
was
a
Question
which
of
them
should
have
the
Remainder
.
It
was
the
opinion
of
the
Justices
,
That
the
Daughter
should
have
the
Remainder
,
and
not
the
Sonne
,
for
that
was
the
intent
of
the
Ancestour
as
they
conceived
,
though
puero
in
Latine
is
intendable
rather
to
an
Issue
Male
than
Female
,
and
yet
they
said
:
That
many
Authors
have
taken
the
word
indifferently
to
extend
to
both
Sexes
.
Mich.
17
,
&
18
Eliz.
Andrews
Case
.
239.
Q.
Imp.
The
Case
was
,
A
Tenant
in
Tayle
,
the
Remainder
to
the
Lord
Mountjoy
in
fee
of
a
Mannor
with
an
Advowson
appendant
,
bargained
and
sold
the
same
by
Indenture
,
not
enrolled
to
I.
S.
and
his
Heirs
,
rendring
42
l.
rent
,
with
Clause
of
Distress
and
Nomine
pene
,
and
covenanted
for
further
assurance
to
levy
a
Fine
to
the
Bargainee
.
Proviso
,
that
the
Bargainee
grant
the
next
Avoydance
to
A.
for
life
,
and
if
it
happen
not
void
,
then
one
life
to
his
Executors
.
A
,
and
I.
S.
afterwards
levyed
a
Fine
,
with
the
render
of
a
Rent
of
42
l.
to
A.
in
tayle
,
the
remainder
to
I.
S.
in
fee
,
B.
in
his
life
did
not
grant
the
Advowson
to
A.
and
dyed
;
the
Church
became
void
;
A.
entred
for
the
Condition
broken
.
It
was
in
this
Case
resolved
,
1.
That
the
Proviso
made
a
Condition
.
2ly
.
That
the
Fine
levyed
had
not
extinguished
the
Condition
.
3ly
.
That
no
time
being
limited
for
the
regrant
,
the
Bargainee
was
bound
to
regrant
it
without
request
at
his
peril
during
the
life
of
the
Bargainor
,
if
he
were
requested
,
in
the
life
of
the
Bargainor
;
and
because
the
Bargainor
dyed
,
the
Condition
was
broken
.
Fox
and
Colliers
Case
.
240.
Ejectione
firme
;
the
Case
was
,
E.
G.
Bishop
of
York
,
6.
Nov.
18.
had
made
a
Lease
from
the
date
of
the
Indenture
of
Lands
for
21.
years
to
the
Plaintiff
;
which
Lease
was
confirmed
by
the
Dean
and
Chapter
,
at
which
time
there
was
unexpired
4.
years
of
an
antient
Lease
made
for
40.
years
:
Afterwards
E.
G.
was
removed
to
Canterbury
,
and
S.
elected
Bishop
of
York
:
the
4.
years
expired
,
the
Plaintiff
entred
.
The
Defendant
upon
a
Lease
made
to
him
by
S.
after
the
4.
years
ended
put
him
out
.
It
was
resolved
by
all
the
Justices
and
Barons
in
the
Exchequer
Chamber
,
That
the
Lease
made
to
the
Plaintiff
was
good
;
yet
they
agreed
,
it
should
be
void
if
it
was
not
for
the
Confirmation
.
2ly
.
They
held
,
that
the
Lease
now
in
Question
being
to
commence
presently
in
Estoppel
,
but
not
in
Interest
was
not
void
by
the
Statute
of
1
Eliz.
neither
within
the
letter
nor
the
intent
of
the
Statute
;
not
within
the
letter
,
because
it
is
not
prejudicial
to
the
Successor
;
and
the
Statute
is
satisfied
in
the
intent
,
it
not
being
a
Lease
longer
than
21.
years
,
and
having
the
Confirmation
of
the
Dean
and
Chapter
it
is
now
good
,
although
it
was
not
good
by
the
Statute
of
32
H.
8.
Knowles
and
Lines
Case
.
241.
Ejectione
firme
.
The
Case
was
,
Sir
Francis
Englesfield
was
seised
in
the
right
of
K
his
wife
of
the
Mannor
of
S.
whereof
a
Messuage
and
Lands
in
question
were
Copyhold
demiseable
for
3.
lives
.
1
Eliz.
Sir
Francis
Englefield
went
beyond
Sea
with
license
for
3.
years
;
after
his
Licence
expired
the
Queen
sent
a
Privy
Seal
to
him
,
commanding
him
upon
his
Allegiance
to
return
;
he
spretis
Mandatis
of
the
Queen
,
continued
there
,
and
adhered
to
the
Queens
Enemies
:
This
being
retorned
,
a
Commission
issued
to
seize
his
Lands
:
upon
which
the
said
Mannor
of
S.
was
seized
.
The
Queen
at
the
Suit
of
K.
his
Wife
for
her
Releif
,
granted
the
Mannor
to
St.
John
and
Fetiplace
the
Friends
of
K.
for
her
Releife
,
quamdiu
in
manibus
nostris
fore
contigerit
;
who
entred
,
and
were
thereof
possessed
accordingly
;
and
then
the
Statute
of
13
,
&
14
Eliz.
of
Fugitives
was
made
.
After
which
the
Defendant
procured
a
Warrant
from
the
Lord
Treasurer
to
C.
and
F.
joynt
Stewards
for
the
Queen
,
to
hold
Court
within
all
the
Lands
of
Sir
Francis
Englefield
,
and
to
grant
Copyes
according
to
the
Custom
of
the
Mannor
.
C.
alone
executed
the
Grant
,
and
granted
the
Messuage
and
Lands
to
the
Defendant's
being
Copyhold
.
In
the
Case
was
two
points
:
1.
If
the
Statute
of
13
,
&
14
Eliz.
of
Fugitives
had
taken
away
the
Estate
of
St.
John
Fetiplace
,
and
reduced
the
Mannor
again
to
the
Queen
.
2ly
.
If
the
Court
holden
by
C.
only
being
a
joynt
Grant
of
Stewardship
was
good
.
Resolved
,
1.
That
the
Statute
of
13
,
&
14
Eliz.
of
Fugitives
was
made
in
affirmance
of
the
Common
law
,
and
did
not
give
the
Queen
any
new
thing
,
but
added
only
some
Circumstances
to
it
;
and
therefore
the
Grant
made
to
St.
John
and
Fetiplace
stood
good
,
so
as
the
Queen
could
not
oust
the
Patentees
;
and
so
by
consequence
the
Grant
of
the
Copyhold
to
Lines
the
Defendant
was
not
good
.
2ly
.
They
held
,
that
the
Court
holden
by
C.
only
was
good
;
For
it
was
said
a
Disseasor
,
&c.
might
hold
Courts
;
and
make
admittance
,
and
take
surrenders
and
the
like
,
because
he
is
but
an
Instrument
of
Conveyance
;
but
he
could
not
grant
Copyhold
estates
.
242.
Note
by
the
Justices
,
If
a
man
be
to
make
sufficient
proof
,
it
may
be
made
by
Witnesses
produced
,
as
by
Jury
.
243.
A
man
seised
of
Lands
parcell
Copyhold
,
and
of
Lands
at
the
Comon
Law
,
and
by
Licence
of
the
Lord
makes
a
Lease
of
them
for
21.
years
,
Provided
if
the
Lessor
,
or
his
Wife
,
or
his
Heirs
,
or
Assignes
,
or
any
of
them
give
warning
to
the
Lessee
,
that
the
Husband
,
or
Wife
,
or
their
Heirs
will
dwell
there
,
that
then
the
Lessee
should
avoid
,
Except
that
the
Lessor
or
his
Heirs
,
shall
pay
to
the
Lessee
then
20
l.
The
Lessor
and
his
Wife
dyes
,
and
the
Reversion
of
one
part
discendeth
to
the
eldest
Son
,
and
the
Reversion
of
the
other
to
the
youngest
,
and
the
youngest
purchaseth
the
Reversion
of
the
eldest
,
and
then
the
youngest
gives
warning
to
the
Lessee
;
It
was
the
opinion
of
the
Justices
,
that
the
warning
given
by
him
was
good
,
and
that
the
Law
which
hath
severed
the
Reversion
,
hath
severed
also
the
Condition
,
although
at
the
begining
they
were
entire
,
and
so
for
one
part
as
Heir
,
and
for
the
other
part
as
Assignee
,
he
shall
take
advantage
of
the
Cndition
.
244.
A
man
makes
a
Lease
of
Land
and
of
an
House
for
years
,
reserving
one
Rent
for
all
,
and
afterwards
the
Lessor
grants
the
Reversion
of
all
the
Lands
,
saving
the
Reversion
of
the
House
to
himself
.
Resolved
,
that
by
agreement
betwixt
the
Lessor
and
grantee
in
the
Reversion
in
pays
,
the
Rent
may
be
apportioned
,
if
it
be
according
to
the
quantity
and
quality
of
the
Land
which
they
have
,
otherwise
not
.
245.
Tenant
in
Tail
disseiseth
the
Discontinuee
,
and
Levyeth
a
Fine
,
and
the
proclamation
passes
,
but
the
Discontinuee
during
the
proclamation
makes
claime
,
and
after
the
Tenant
in
Tail
dyes
,
and
the
Discontinuee
enters
;
It
was
the
opinion
of
the
Justices
,
that
the
Issue
in
Tail
was
barred
by
the
Fine
,
and
in
this
Case
it
was
said
,
That
if
the
Lord
entreth
upon
his
Tenant
,
and
enfeoffs
a
stranger
,
and
the
Tenant
Reenters
,
he
avoids
the
Disseisin
and
estate
,
but
the
seignoury
is
not
revived
but
extinct
.
Pasch.
20.
Eliz.
Jackson
and
Darceys
Case
.
246.
Tenant
in
Tail
the
Remainder
to
the
King
levyeth
a
Fine
with
Proclamation
.
It
was
holden
it
shall
binde
the
Issue
notwithstanding
the
saving
in
the
Statute
of
32.
H.
8.
for
that
here
is
not
any
Reversion
in
the
King
,
but
a
Remainder
,
of
which
the
Statute
speaks
nothing
:
but
yet
this
Fine
doth
not
devest
the
Remainder
out
of
the
K●ng
,
but
the
Conusee
shall
have
a
Fee
determinable
upon
the
Tail
.
247.
The
Master
takes
an
Obligation
of
his
Apprentice
,
that
he
shall
not
use
his
Trade
within
4.
years
in
the
Town
of
N.
where
his
Master
dwells
,
and
he
is
an
Apprentice
;
It
was
holden
the
Obligation
was
not
,
good
not
should
binde
the
Apprentice
.
248.
A
man
hath
a
Warren
which
extends
into
3.
Townes
,
and
by
deed
makes
a
Lease
of
it
for
years
,
Rendering
rent
,
and
after
grants
the
Reversion
in
one
of
the
Townes
to
another
,
and
the
Lessee
Attornes
;
It
was
the
opinion
of
the
Justices
,
That
the
grantee
should
have
no
part
of
the
Rent
,
nor
the
Granter
,
because
no
Covenant
can
be
apportioned
.
Duland
and
Cleypooles
Case
.
248.
Information
upon
the
Statute
of
5.
Eliz.
of
Tillage
,
That
the
Defendant
had
Converted
300.
Acres
of
arable
Lands
to
Pastures
:
and
that
the
Conversion
hath
continued
from
15.
Eliz.
to
20.
Eliz.
The
Defendant
as
to
the
Conversion
pleaded
Not
guilty
;
and
as
to
the
Continuance
,
the
general
pardon
of
23.
Eliz.
upon
which
it
was
demurred
:
It
was
argued
,
that
the
Condition
did
not
extend
to
the
Continuance
of
the
said
conversion
;
It
was
said
,
That
if
A
be
seised
of
arable
Lands
and
converts
the
same
to
pasture
,
and
so
converted
Leaseth
it
to
B.
who
continues
it
in
pasture
as
he
found
it
,
he
shall
be
charged
by
the
Statute
;
And
Note
the
words
of
the
Statute
are
Conversion
permitted
,
and
Conversion
continued
is
Conversion
permitted
,
and
the
Statute
doth
not
punish
only
the
Conversion
but
the
continuance
of
it
.
One
the
other
side
It
was
said
,
That
the
Conversion
and
the
continuance
thereof
,
are
2.
several
things
by
it self
,
and
so
the
Conversion
being
only
excepted
,
the
Continuare
thereof
is
within
the
Pardon
.
Quaere
;
the
,
Case
was
adjorned
.
Term.
Pasc
.
24.
Eliz.
Leeke
and
Grevells
Case
.
249.
Information
upon
the
Statute
of
5.
Eliz.
for
converting
and
using
of
2000.
Acres
of
arable
into
pasture
:
The
Defendant
said
and
justified
as
to
800.
Acres
.
That
the
Queen
by
Deed
under
her
Great
Seal
,
Licensed
him
to
enclose
the
Mannor
of
Weston
and
Welford
in
the
County
of
Gloucester
,
and
to
make
a
Park
,
so
as
it
was
not
within
any
Forrest
,
and
to
Convert
and
use
the
Land
inclosed
of
tillage
into
pasture
pro
sustentatione
ferarum
,
Damarum
&
averiorum
suorum
,
by
which
he
enclosed
them
,
and
converted
the
Tillage
into
pasture
for
the
Sustentation
of
his
beasts
;
Upon
which
it
was
demurred
;
It
was
argued
,
that
the
License
was
not
good
,
because
the
Statute
of
5.
Eliz.
was
to
continue
,
but
till
the
beginning
of
the
next
Session
of
Parliament
,
at
which
time
the
Statute
ended
,
and
was
not
revived
till
Anno
13.
Eliz.
so
as
in
Anno
9.
when
the
License
was
,
there
was
not
any
Statute
to
prohibit
the
Conversion
of
tillage
into
Pasture
;
and
therefore
the
License
in
9.
Eliz.
could
not
dispense
with
the
Statute
of
13.
Eliz.
and
the
Statute
of
13
Eliz.
did
not
make
such
reviver
of
the
Statute
of
5.
Eliz.
as
made
mean
Acts
good
by
any
Relation
;
Quaere
;
the
Case
was
not
adjudged
but
adjorned
.
Dolman
and
the
Bishop
of
Salisburies
Case
.
250.
Quare
Imp.
brought
,
the
Defendent
pleaded
the
Statute
of
21.
H.
8.
Cap.
13.
of
Pluralities
,
that
the
last
Incumbent
had
a
Benifice
with
Cure
of
the
value
of
8
l.
and
took
another
Benefice
and
was
Inducted
1
Eliz.
upon
which
the
Queen
did
present
the
Defendant
by
Lapse
;
The
Plaintiff
shewed
the
Proviso
in
the
Statute
of
25.
H.
8.
that
Chaplains
qualified
might
purchase
Dispensations
and
take
2.
Benefices
and
that
1
Eliz.
before
the
Parliament
he
purchased
a
Dispensation
from
the
Pope
,
and
after
he
took
the
second
benefice
and
dyed
;
The
question
was
,
whether
the
Pope
before
the
Statute
of
25
H.
8.
might
grant
dispensations
;
It
was
Resolved
he
could
not
,
for
that
the
Kings
of
England
had
been
Soveraigns
within
their
Realms
of
the
Spiritualties
;
and
the
Justices
held
that
the
dispensation
in
question
was
made
1
Eliz
and
so
out
of
the
Statute
of
25
H.
8.
and
that
this
dispensation
to
retain
a
second
benefice
was
against
the
Statute
of
21
H.
8.
Lacyes
Case
.
251.
In
a
scire
facias
upon
a
Recognizance
for
not
appearing
before
the
Justices
of
Assise
at
York
,
the
Defendant
pleaded
that
after
the
Recognizance
taken
,
a
Commission
issued
to
the
Admiral
and
others
to
hear
and
determine
Treasons
,
Felonies
,
&c.
done
within
the
Jurisdiction
of
the
Admiralty
;
and
that
the
Commissioners
sent
to
Arrest
him
before
the
day
of
his
Appearance
,
because
he
had
mortally
wounded
a
Man
upon
Scarborow
sands
,
if
within
the
flux
and
reflux
of
the
Sea
,
of
which
wound
he
dyed
at
Scarborow
,
and
that
thereupon
he
was
Arrested
and
detained
in
prison
till
after
the
day
of
Appearance
,
and
afterwards
was
Indicted
and
arraigned
of
the
said
Felony
before
the
Commissioners
;
The
Court
inclined
to
be
of
opinion
,
that
the
Arrest
was
a
sufficient
excuse
of
his
appearance
,
because
the
Recognizance
is
a
duty
to
the
Queen
,
and
the
Commission
is
the
Act
of
the
Queen
,
and
all
that
the
Commissioners
do
is
by
authority
from
the
Queen
,
and
in
her
person
,
and
shall
be
accounted
her
Act
,
and
then
when
she
her self
is
a
cause
that
the
Defendant
could
not
appear
,
that
she
should
not
have
benefit
of
the
Recognizance
.
252.
The
Condition
of
an
Obligation
was
,
That
if
the
Obligor
pay
at
or
before
the
25th
day
of
March
;
he
tenders
the
money
the
24th
day
;
It
was
the
opinion
of
Anderson
,
that
if
he
tender
the
money
the
last
instant
of
the
24th
day
,
he
saveth
his
Bond
;
But
the
other
Justices
held
the
contrary
,
because
the
word
(
before
)
is
not
to
have
any
Construction
,
but
the
Obligor
shall
be
admitted
to
pay
it
before
by
agreement
only
of
the
Obligee
.
Quaere
.
253.
A
man
seised
of
3.
Mannors
in
Fee
of
the
value
of
300
l.
Covenanted
in
Consideration
of
the
Mariage
of
his
daughter
,
that
he
would
suffer
20
l.
yearly
to
discend
,
come
and
remain
to
his
daughter
and
her
Husband
,
and
the
Heirs
of
their
bodies
;
It
was
the
opinion
of
the
Justices
,
that
for
want
of
Certainty
,
no
use
is
created
by
the
said
Covenant
and
Consideration
;
but
the
same
amounts
to
a
Covenant
and
no
more
,
and
the
words
Discend
,
come
and
remain
,
cannot
create
an
Use
,
but
to
the
Heir
apparant
only
.
254.
In
Trespas
,
the
Case
was
;
The
Custom
of
a
Mannor
was
Quod
quilibet
tenens
per
Copiam
poterit
dimittere
terras
suas
,
for
life
in
Fee
,
or
al●ter
,
and
that
a
Woman
Cooperta
viro
poterit
devise
her
Copyhold
Lands
to
any
other
,
or
to
her
Husband
by
the
assent
of
the
Husband
;
The
Court
held
that
the
custome
was
not
unreasonable
,
but
because
it
was
poterit
devisorre
,
where
it
should
be
usi
sunt
devisorre
,
and
also
because
it
appeared
,
that
the
Plaintiff
was
Tenant
in
Common
with
the
Defendant
,
It
was
adjudged
against
the
Plaintiff
.
255.
A
seised
in
Fee
of
a
Messuage
and
of
divers
Lands
time
out
of
minde
occupied
with
it
,
let
parcel
of
the
Lands
to
a
stranger
for
years
,
and
afterwards
made
his
Will
in
this
manner
,
viz.
I
will
and
bequeath
to
my
Wife
my
Messuage
with
all
the
Lands
thereunto
belonging
in
the
occupation
of
the
Lessee
,
and
after
the
decease
of
my
Wife
,
I
Will
that
it
with
all
the
rest
of
my
Lands
shall
remain
to
my
Younger
Son
;
It
was
the
opinion
of
the
Justices
,
that
the
Wife
should
not
have
the
whole
,
but
only
that
which
was
Leased
before
,
and
therefore
that
the
remainder
thereof
could
not
be
in
the
Younger
Son
,
till
after
the
death
of
the
Wife
,
and
that
till
the
death
of
the
Wife
,
the
Eldest
Son
Heir
at
Law
should
enjoy
it
.
256.
A
man
bound
himself
in
an
Obligation
,
that
he
and
his
Wife
would
levy
a
Fine
upon
reasonable
request
of
the
Obligee
;
he
made
the
Request
the
Wife
being
very
sick
so
as
she
could
not
travail
.
Resolved
,
that
her
sicknesse
did
save
the
Obligation
from
being
forfeited
.
257.
A
Copyholder
in
Fee
,
by
License
of
the
Lord
made
a
Lease
for
years
Rendring
Rent
,
and
having
Issue
a
Son
,
and
a
Daughter
by
one
Woman
,
and
a
Daughter
by
another
,
dyed
,
his
Son
within
age
,
who
before
any
Rent
incurred
,
or
any
admittance
dyed
;
Adjudged
,
The
Eldest
Daugter
should
have
the
Land
,
and
that
the
discent
of
the
Reversion
is
possessio
fratris
quae
facit
sororem
esse
haeredem
.
Kenrick
and
Burges
Case
.
258.
A
Lease
in
Reversion
for
years
was
granted
to
I.
S.
who
dyed
Intestate
,
his
Wife
assigned
it
to
B.
and
afterwards
took
Letters
of
Admin●st●ation
,
and
made
an
Assignment
of
it
to
the
Plaintiff
.
Resolved
,
that
the
last
Assignee
should
have
it
.
Trinit.
25.
Eliz.
in
Exchequer
.
The
Queen
,
Her
Almoner
and
Coxeheads
Case
.
259.
The
Case
was
,
I.
S.
Anno
9.
of
the
Queen
took
the
Office
of
Bayliff
of
the
Hundred
of
A.
and
11.
Eliz.
became
indebted
to
the
Queen
by
Obligation
and
13.
Elz.
he
being
seised
of
Land
,
Covenanted
with
C.
in
Consideration
of
Mariage
with
his
daughter
,
to
stand
seised
to
the
use
of
himself
for
life
,
and
after
to
the
use
of
C.
and
the
Daughter
in
Tail
;
and
afterwards
he
took
the
Office
of
Woodwardship
of
the
Mannor
of
S.
and
became
indebted
for
that
also
,
and
then
granted
a
Rent
Cha●ge
for
years
out
of
the
Land
,
and
then
C.
and
I.
S.
joyned
in
a
Fine
to
the
use
of
the
said
I.
S.
for
life
,
the
remainder
to
C.
and
afterwards
I.
S.
having
purchased
the
Rent
and
poss●ss●d
of
goods
and
Chattells
,
because
Felo
de
so
,
for
which
his
Lands
and
goods
were
seized
;
It
was
the
opinion
of
the
Justices
,
the
Almonor
had
no
title
to
his
goods
because
the
Patent
did
not
extend
to
the
goods
of
a
Felo
de
se
,
against
the
Queen
for
her
debt
,
because
it
wanted
the
Words
,
Licet
tanget
nos
:
and
that
the
Lands
and
goods
of
the
said
I.
S.
were
chargeable
,
as
well
for
the
debts
which
were
due
by
the
Obligation
,
as
also
upon
the
accompt
aswell
before
the
Conveyance
as
after
,
Wherefore
C.
paid
the
Queen
her
debts
and
had
the
Lands
cleered
.
Newtons
and
Barnardines
Case
.
260.
A.
had
Issue
3.
Sons
,
F.
R.
and
G.
F.
dyed
his
Wife
with
Child
:
The
Father
A.
devised
in
this
manner
,
viz.
To
the
Child
my
Son
F.
his
Wife
now
goeth
with
,
28
l.
yearly
to
be
paid
to
the
use
of
the
Child
for
20
years
.
And
if
my
Son
R.
dyeth
before
he
hath
Issue
of
his
body
,
so
as
my
Lands
discend
to
G.
before
he
come
of
the
age
of
21.
years
,
then
my
Executors
shall
occupy
it
till
G.
be
of
the
age
of
21.
years
;
the
Father
dyeth
,
R.
enters
,
a
Daughter
is
born
,
who
enters
and
lets
the
Land
to
the
Defendant
rendering
Rent
;
It
was
adjudged
,
That
R.
in
this
Case
had
an
estate
Tail
,
by
Implication
of
the
words
of
the
Will
,
and
that
the
entry
of
R.
was
a
Lawfull
eviction
of
the
Terme
,
and
destroyed
the
Rent
.
H●dons
Case
.
261.
It
was
Resolved
by
the
Justices
in
this
Case
;
An
Abbot
made
a
Lease
for
8.
years
of
Lands
of
the
possession
of
the
Abby
,
a
Copyhold
estate
being
in
esse
at
the
time
,
that
it
was
an
estate
in
being
as
did
make
the
Lease
for
years
void
,
by
the
Statute
of
31
H.
8.
of
Monasteries
.
The
Case
of
the
Skinners
of
London
.
262.
In
Intrusion
,
the
Case
was
.
A.
a
Cittizen
and
Freeman
of
London
seised
of
divers
Messuages
and
Tenements
of
the
yearly
value
and
profit
of
30
l.
6
s.
8
d.
by
his
Will
before
the
Statute
of
1
E.
6.
devised
,
the
same
to
the
Corporation
of
Skinners
,
and
that
42
s.
8
d.
thereof
should
be
imployed
upon
an
Obit
,
and
12.
Marks
yearly
thereof
upon
the
Priest
,
and
the
Residue
to
be
imployed
upon
poor
men
of
the
Corporation
decayed
by
misfortune
,
who
inhabited
the
said
Messuages
and
Tenements
,
and
appointed
the
said
poor
men
to
pray
for
his
soul
,
and
further
with
the
profits
to
repair
the
Messuages
and
Tenements
,
and
after
the
Statute
of
1
E.
6.
of
Chauntries
was
made
;
It
was
the
opinion
of
the
Court
,
1.
That
Lay
Corporations
are
Excepted
out
of
the
Statute
for
their
Lands
,
which
they
have
to
increase
their
Treasure
,
for
the
good
of
the
Corporation
,
but
not
for
Lands
which
they
have
to
imploy
to
superstitious
uses
.
2.
Resolved
,
that
all
the
money
which
was
given
for
the
Obit
,
and
the
finding
of
the
Priest
,
was
a
superstitious
use
,
and
given
to
the
King
by
the
Statute
,
but
that
which
was
given
for
the
maintenance
of
the
poor
men
;
and
although
it
was
appointed
them
to
pray
for
his
soul
which
was
a
precept
suteable
for
that
time
,
and
which
was
given
for
the
Reparations
of
the
Messuages
,
&c.
was
not
given
to
the
Crown
by
the
said
Statute
;
and
Turnors
Case
was
vouched
to
be
adjudged
,
Where
Land
was
given
to
the
intent
,
that
his
Feoffees
should
keep
an
Obit
with
so
much
of
the
profits
of
it
as
they
should
think
fit
in
their
discretions
,
that
the
Land
thereby
was
not
given
to
the
Crown
,
but
so
much
of
the
yearly
Rent
as
the
Feoffees
imployed
to
that
purpose
,
and
if
they
had
imployed
nothing
that
way
,
then
nothing
was
given
to
the
Crown
:
In
the
principal
Case
,
it
was
adjudged
against
the
Queen
and
Informer
.
Bossevile
and
the
Corporation
of
Bridgwaters
Case
.
263.
King
H.
8.
Anno
33.
of
his
Raign
made
a
Lease
to
the
Earl
of
Bath
,
of
the
Rectory
of
Bridgewater
and
of
the
Tythes
of
2.
Hamlets
in
W.
parcell
of
the
said
Rectory
,
at
the
Rent
of
10
l.
which
lease
continued
till
2.
Eliz.
in
which
year
Bossevile
purchases
from
the
Queen
the
Rectory
of
W.
of
the
value
of
10
l.
yearly
,
and
had
general
Words
of
the
Tythes
within
the
2.
Hamlets
,
but
the
Lease
to
the
Earl
of
Bath
that
was
then
in
esse
,
was
not
recited
;
and
afterwards
3.
Eliz.
the
Queen
granted
the
Rectory
of
Bridgwater
and
the
Tythes
of
the
2.
Hamlets
and
all
which
was
in
the
Earl
of
Baths
Lease
,
to
the
Corporation
of
Bridgwater
:
Bossevile
by
vertue
of
the
Statute
of
18.
Eliz.
of
Non
Recitals
and
Misrecitals
,
which
had
retrospect
to
the
beginning
of
the
Ra●gn
of
the
said
Queen
,
claymed
the
Tythes
within
the
said
2.
Hamlets
against
the
Corporation
:
After
a
long
Argument
upon
a
Reference
out
of
the
Court
of
Wards
to
the
Chief
Justices
Wray
and
Anderson
,
it
was
Resolved
by
them
,
That
the
Patent
was
good
without
recital
to
Bossevile
against
the
Queen
,
by
relation
of
the
Statute
of
18.
Eliz.
which
makes
Patents
good
from
2.
November
in
the
first
year
of
the
Queen
,
and
should
binde
the
Queen
,
her
Heirs
and
Successors
;
but
should
not
be
good
against
the
Corporation
of
Bridgwater
,
and
therefore
the
Case
in
the
Court
of
Wards
was
decreed
against
Bossevile
.
Diggs
Case
.
264.
An
Annuity
was
granted
in
fee
;
at
the
first
day
of
payment
the
Annuity
was
paid
to
the
Grantee
,
and
the
Grantee
made
an
Acquittance
thereof
to
the
Grantor
;
and
in
the
end
of
the
Acquittance
he
released
to
the
Grantor
all
Actions
;
and
after
at
the
next
payment
the
same
was
behind
,
and
the
Grantee
brought
a
VVrit
of
Annuity
:
against
which
the
Grantor
pleaded
the
Release
in
Barre
:
It
was
strongly
objected
,
that
by
the
Release
the
Annuity
was
determined
,
being
a
personal
thing
,
and
a
thing
in
Action
.
But
it
was
resolved
by
the
Court
,
That
for
an
Annuity
before
the
day
of
payment
an
Action
did
not
lye
;
and
that
before
it
was
not
therefore
resolved
by
the
Release
of
all
Actions
before
the
day
of
payment
;
and
although
an
Annuity
be
a
Personal
thing
for
which
the
Grantee
hath
not
any
remedy
but
by
way
of
Action
,
yet
it
is
not
a
thing
in
Action
.
It
was
adjudged
for
the
Plaintiff
that
the
Action
was
well
brought
,
notwithstanding
the
Release
.
Stantons
Case
.
265.
S.
at
the
age
of
16.
years
bound
himself
an
Apprentice
in
London
to
I.
S.
by
Indenture
,
containing
the
ordinary
words
of
every
Indenture
for
Apprentices
;
and
afterwards
by
the
command
of
his
Master
,
who
was
Baily
of
an
Hospital
in
London
,
and
with
those
Moneys
and
other
Moneys
of
his
Masters
he
went
away
,
and
had
not
discharged
his
Master
against
the
Hospital
;
for
which
he
brought
Covenant
upon
the
Indenture
.
The
Defendant
pleaded
that
he
was
within
age
in
Barre
of
the
Action
;
and
also
said
,
that
upon
this
Custome
the
Defendant
was
implead●●●e
only
in
London
,
and
not
in
this
Court
.
The
Court
seemed
to
be
of
opinion
,
That
the
Custome
was
a
good
Custome
;
and
the
Defendant
was
lyable
to
the
Action
within
the
Custom
,
and
that
he
was
impleadable
within
any
place
of
England
as
well
as
in
London
,
and
therefore
that
the
Action
was
well
brought
.
266.
A
Custome
in
London
was
set
forth
to
be
,
That
if
many
are
bounden
in
an
Obligation
as
Sureties
,
that
if
the
Principal
fail
of
payment
,
so
as
that
it
one
of
the
Sureties
be
sued
upon
the
Obligation
,
that
he
might
have
a
VVrit
De
Contributione
facienda
against
the
Sureties
;
and
said
that
such
VVrit
was
brought
in
London
,
which
was
removed
in
C.
B.
It
was
remanded
into
London
,
because
the
Common
Pleas
could
not
doe
right
upon
the
Custome
.
Shelleyes
Case
.
267.
Upon
a
Special
Verdict
in
Ejectione
firme
;
the
Case
was
,
Ed.
Shelley
and
Joan
his
VVife
,
Tenants
in
special
Tayle
,
the
Remainder
in
fee
to
Ed.
had
Issue
then
Hen
,
and
Richard
;
Joan
dyed
,
Hen.
dyed
in
the
life
of
Ed.
having
Issue
Mary
.
It
was
found
that
Ed.
by
Indenture
1
,
&
2
Phil.
&
Mar.
covenanted
with
I.
S.
and
others
to
suffer
a
common
Recovery
to
the
use
of
himself
for
life
,
and
after
to
I.
B.
for
24.
years
,
and
after
the
years
expired
to
the
use
of
the
Heirs
Males
of
the
Body
of
the
said
Ed.
and
the
Heirs
Males
of
the
Body
of
such
Heirs
Males
,
and
for
want
of
such
Issue
,
to
the
use
of
the
Heirs
Males
of
the
Body
of
John
Shelly
of
M.
&c.
and
9.
Oct.
the
first
day
of
the
Term
Ed.
dyed
between
the
hours
of
5.
and
6.
in
the
morning
,
and
afterwards
the
same
day
the
Recovery
passed
,
and
that
by
a
VVarrant
of
Attorney
made
in
the
life
of
Ed.
Execution
was
the
19.
day
of
October
by
Habere
facias
seisinam
,
and
it
was
found
that
5.
December
following
the
wife
of
Hen.
Shelly
was
delivered
of
Hen.
the
now
Defendant
:
The
Land
was
also
found
to
be
in
Lease
for
years
at
the
time
of
the
Recovery
,
and
that
Richard
Shelley
the
younger
Son
of
Edward
entred
and
made
the
Lease
to
the
Plaintiff
.
In
this
Case
there
were
these
points
:
1.
If
the
Recovery
suffered
by
Ed.
the
day
he
dyed
,
was
good
.
2ly
.
If
being
suffered
by
him
Tenant
in
tayle
,
it
might
be
executed
after
his
decease
upon
the
Issue
.
3ly
.
If
any
use
did
rise
upon
the
Recovery
before
Execution
.
4ly
.
If
Richard
the
youngest
Son
before
the
birth
of
Hen.
the
Infant
took
the
Land
by
purchase
,
or
by
Discent
:
This
Case
was
many
times
argued
at
the
Barre
,
and
afterwards
for
Difficulty
was
by
the
Command
of
the
Queen
adjourned
into
the
Exchequer
Chamber
,
where
it
was
argued
by
all
the
Judges
of
England
;
and
at
last
it
was
resolved
against
the
Plaintiff
;
and
the
reasons
of
their
Judgements
were
these
:
1.
Because
they
all
agreed
that
Richard
Shelley
was
in
by
Discent
,
and
not
by
Purchase
after
the
death
of
Ed.
and
before
the
birth
of
Hen.
the
Defendant
▪
2ly
.
That
the
Recovery
was
good
,
although
that
Ed.
dyed
the
same
day
before
the
sitting
of
the
Court
,
3ly
.
That
Execution
might
be
sued
against
the
Issue
in
tayle
,
but
that
no
Seisin
was
in
the
Recoverors
nor
any
use
raysed
till
Execution
sued
.
268.
A
Lease
for
years
was
made
upon
Condition
to
re-enter
for
not
payment
of
the
Rent
:
A
man
of
ill
fame
out-lawed
in
40.
Action
,
at
the
last
instant
of
the
day
demanded
the
rent
;
The
Lessee
asked
him
what
authority
he
had
to
receive
it
;
he
said
he
was
senr
thither
by
the
Lessor
,
but
did
not
shew
any
warrant
from
him
,
or
that
he
was
his
Servant
.
This
was
the
opinion
of
the
Justices
,
that
if
any
one
would
swear
that
was
true
against
the
Party
who
demanded
the
Rent
,
that
the
Lessor
should
not
enter
;
which
being
immediately
sworn
,
and
the
Records
of
the
Outlawries
against
him
produced
,
the
Justices
dismissed
the
Lessee
,
and
that
the
Lessor
should
enter
upon
him
.
Broughtons
Case
.
269.
Broughton
a
Justice
of
the
Peace
brought
an
Action
upon
the
Case
against
the
Bishop
of
Coventry
and
Lichfield
,
because
he
wrote
a
Letter
to
the
Earl
of
Leycester
one
of
the
Privy
Council
;
wherein
he
wrote
,
That
the
Plaintiff
was
a
Vermin
in
the
Common
wealth
,
a
false
and
cor●upt
man
,
an
Hypocrite
in
the
Church
of
God
,
a
Dissembler
;
He
hath
used
many
corrupt
practises
to
work
his
VVill
,
He
procured
my
Register
to
be
indicted
of
Extortion
;
He
willingly
and
wilfully
hath
boulstred
out
one
Greenwood
a
Convict
man
of
many
offences
,
and
knowing
him
to
be
an
Evil
man
,
maintaineth
him
against
me
,
without
Law
,
Conscience
or
Honesty
.
Upon
Not
Guilty
,
it
was
found
for
the
Plaintiff
and
300
l.
Dammages
.
It
was
objected
,
the
Action
did
not
lye
,
not
being
an
overt
Act
,
but
words
written
in
a
Letter
.
Resolved
the
Act
on
did
well
lye
being
writ
to
a
Stranger
;
but
otherwise
if
it
had
been
written
to
the
Party
himself
;
and
it
was
also
resolved
,
That
although
but
some
of
the
words
will
bear
Action
,
yet
the
Dammages
are
well
assessed
,
because
they
are
put
in
to
increase
the
Dammages
.
In
this
Case
it
was
said
,
if
a
slanderous
Bill
be
exhibited
in
the
Star
Chamber
against
one
,
the
Action
doth
not
lye
,
because
it
is
a
Court
of
Justice
,
and
hath
Jurisdiction
to
redress
things
;
but
to
exhibite
a
slanderous
Bill
into
a
Court
waich
hath
not
power
to
redress
,
the
thing
is
scandalous
and
an
Action
will
lye
for
it
.
Griffith
and
Clarks
Case
.
170.
A
Writ
of
Disceit
by
the
Lord
of
the
Mannnor
upon
a
Fine
levyed
of
the
Land
within
antient
Demeasne
:
The
Defendants
pleaded
that
the
Lord
of
the
Mannor
in
the
time
of
E.
2.
did
release
to
one
who
was
Tenant
of
the
same
Land
,
de
omnibus
servitiis
&
consuetudinibus
,
salvis
servitiis
infrascriptis
,
viz.
pro
una
virgat
terrae
2
s.
rent
suit
of
Court
and
Releife
.
It
was
resolved
,
The
Custome
of
the
Antient
Demesne
was
extinct
by
the
Release
;
but
the
Rent
Releife
and
suit
of
Court
,
remained
as
parcel
of
the
Seignory
by
the
saving
.
Ivors
Keales
Case
.
271.
A.
seised
of
Lands
in
Fee
,
borrowed
20
l.
of
B.
and
they
are
agreed
to
assure
Lands
for
it
.
They
went
to
the
Land
,
and
A.
there
said
to
B.
I
am
endebted
to
you
20
l.
If
I
do
not
pay
you
at
Michaelmas
,
then
I
bargain
and
sell
this
Land
to
you
;
and
if
I
do
pay
you
,
I
am
to
have
my
Land
again
;
B.
continued
upon
the
Land
a
little
space
;
the
Monyes
was
not
paid
at
Michaelmas
.
Adjudged
the
Land
passed
,
to
B.
upon
a
Condition
subsequent
for
payment
of
the
Mony
by
B.
Mildmay
and
Standiskes
Case
.
272.
Action
upon
the
Case
for
Slandering
his
Title
;
In
which
the
Defendant
justified
;
the
Case
was
,
A.
seised
of
Lands
in
fee
had
Issue
3.
Daughters
,
V.
G.
O.
V.
dyed
without
Issue
.
The
Father
for
love
and
affection
,
and
the
better
maintenance
of
G.
and
O.
covenanted
to
stand
seised
to
the
use
of
himself
for
life
,
the
remainder
to
G.
in
tale
of
one
Moyety
,
the
remainder
to
O.
of
the
Moyety
in
Tail
.
Provided
,
it
shall
be
Lawfull
for
the
said
A.
for
the
payment
of
his
Debts
and
Legacies
,
and
better
preferment
of
his
Servants
and
other
good
Considerations
,
to
devise
the
said
Lands
by
his
Last
VVill
,
and
dispose
of
the
same
for
lives
or
years
;
and
afterwards
he
devised
the
said
Lands
to
F.
and
the
said
O.
his
wife
for
1000.
years
and
dyed
;
wherefore
the
Defendant
published
the
said
Lands
were
assured
for
1000
years
,
upon
which
it
was
demurred
;
It
was
said
that
the
said
V.
might
at
any
time
determine
any
of
the
said
uses
;
and
induce
other
Estates
at
his
pleasure
,
and
the
payment
of
his
Debts
and
Legacyes
with
good
considerations
for
the
Leases
.
But
it
was
resolved
for
the
Plaintiff
,
because
the
Proviso
was
against
the
Law
to
enduce
an
Estate
to
a
Stranger
by
way
of
Lease
upon
Covenant
of
Considerations
to
raise
uses
,
but
such
power
might
be
good
upon
an
Estate
executed
;
Or
a
Proviso
good
which
did
extend
to
determine
the
Estate
,
but
not
to
give
another
Estate
to
Lessees
.
Veere
and
f●ofryes
Case
.
273.
It
was
Resolved
,
That
if
the
Metropolitan
grant
Administration
where
the
Intestate
had
not
bona
notabilia
indivers
diocesses
,
it
is
voidable
only
,
but
not
void
.
But
if
a
Bishop
of
a
Diocesse
grants
Administration
which
belongs
to
the
Metropolitan
,
the
same
is
void
.
Russells
Case
.
●74
.
Trover
and
Conversion
of
goods
by
the
Executors
of
R.
against
Husband
and
Wife
,
of
the
goods
of
the
Testator
,
which
came
to
the
hands
of
the
Wife
dum
sola
fuit
.
The
Defendant
pleaded
a
Release
of
the
Plaintiff
after
the
death
of
the
Testator
,
and
after
the
Trover
and
Conversion
;
The
Plaintiff
said
,
he
was
then
within
age
:
It
was
adjudged
,
that
because
there
was
no
Consideration
alledged
for
the
Release
,
it
should
not
binde
the
Executor
,
because
it
should
be
a
Devastavit
in
him
.
Twineos
Case
.
275.
Grandfather
and
Grandmother
,
Tenants
in
special
Tail
before
the
Statute
of
27
H.
8.
the
remainder
to
the
right
Heirs
of
the
Grandfather
;
The
Father
by
deed
enrolled
Fine
and
Proclamation
conveyed
the
Lands
to
the
Queen
and
her
Heirs
and
Successors
,
in
the
life
time
of
the
Grandmother
.
It
was
Resolved
that
by
the
Statute
of
32
H.
8.
by
the
Fine
and
Proclamation
,
the
Issue
in
Tail
was
Barred
.
V●ncent
and
Lees
Case
.
276.
It
was
adjudged
in
this
Case
,
That
when
a
man
devised
that
his
Sons
in
Law
,
should
sell
the
Reversion
of
his
Lands
without
naming
their
particular
names
,
and
that
some
of
them
dyed
;
That
the
Survivors
could
not
sell
the
Land
.
Sir
Peter
Carewes
Case
.
277.
It
was
Resolved
in
this
Case
,
That
the
Lord
of
a
Mannor
for
life
,
or
a
particular
Tenant
having
interest
in
the
Mannor
might
grant
Copies
in
Reversion
,
although
they
were
not
executed
in
the
life
of
the
grantor
.
Moris
and
Franklyns
Case
.
278.
The
Statute
of
27
H.
8.
which
began
4.
Feb.
Anno
27.
H.
8.
and
ended
14.
April
.
gave
Monasteries
of
Petty
value
to
the
King
:
The
Abby
of
T.
being
of
Petty
value
viz.
100
Marks
per
Ann.
was
mean
between
the
1.
day
and
the
last
day
Surrendred
to
the
King
;
It
was
holden
the
King
should
be
in
by
the
Statute
and
not
by
the
Surrender
.
Thorrowgood
and
Tarvors
Case
.
279.
In
Trespasse
,
The
Defendent
pleaded
in
bar
the
Release
of
the
Plaintiff
of
all
his
right
in
the
Land
;
The
truth
was
,
the
Plaintiff
was
a
man
unlearned
,
and
the
Release
was
read
unto
him
only
as
a
Release
of
the
Arrerages
of
an
Annuity
;
It
was
the
opinion
of
the
Justices
,
that
he
might
plead
Non
est
factum
to
it
,
and
it
should
nor
bar
him
.
Dorrell
and
Thyns
Case
.
280.
Error
was
assigned
in
a
Common
Recovery
,
That
no
Warrant
of
Attorny
was
;
several
Writs
issued
to
Certifie
one
to
the
Custos
Brevium
,
the
other
to
the
Chief
Justices
;
They
both
Certified
,
there
was
not
any
Warrant
of
Attorney
.
The
Plaintiff
alledged
Diminution
,
upon
a
new
Writ
of
Error
brought
.
Resolved
,
That
he
could
not
alledge
Diminution
,
not
have
a
new
Writ
of
Error
after
the
two
former
Certificats
,
in
the
first
Writ
.
Ive
and
Tracies
Case
.
281.
A
man
seised
of
Socage
Land
,
and
of
Lands
holden
in
Capite
,
by
Act
executed
in
his
life
,
Conveyed
the
Capite
Lands
for
the
Advancement
of
his
Wife
,
Issues
and
payment
of
his
debts
.
Adjudged
,
he
could
not
after
devise
the
Socage
Land
.
Bonncys
Case
.
282.
King
E
6.
seised
of
the
Mannors
of
R.
and
B.
in
the
right
of
his
Dutchy
of
Lanc.
made
a
Lease
thereof
to
B.
for
years
rendering
several
Rents
,
upon
Condition
that
if
the
Rent
be
behind
40.
dayes
after
the
Rents
payable
,
to
reenter
;
It
was
found
by
Office
,
that
the
Rent
was
behinde
after
the
40.
dayes
,
and
by
another
Office
,
that
the
Rent
was
tendered
the
Last
instant
of
the
40.
dayes
,
and
that
the
Queens
Officers
of
the
Dutchy
,
accept
of
the
Arrerages
and
of
the
Rent
at
other
dayes
and
Feasts
,
and
made
accquittances
thereof
to
the
Lessee
,
and
had
accompted
for
the
same
in
the
Dutchy
,
and
after
that
the
Queen
to
defeat
the
Lease
brought
the
Intrusion
:
The
poynts
of
the
Case
were
,
1.
If
the
Queen
was
bound
to
demand
the
Rent
.
2.
If
the
Tender
was
sufficient
,
and
sufficiently
found
by
the
Office
.
3.
If
the
acceptance
of
the
Rent
accrued
after
the
Office
,
should
conclude
the
Queen
of
the
Condition
.
The
4.
If
the
Acquittances
of
the
Officers
should
conclude
the
Queen
.
1.
It
was
Resolved
,
that
the
Queen
ought
to
have
made
a
Demand
of
the
Rent
before
Reentry
.
2.
That
the
Tender
found
shall
be
intended
a
tender
made
upon
the
Land
,
which
was
a
sufficient
destruction
of
the
Reentry
.
3.
That
the
acceptance
of
the
Rent
,
at
a
new
day
after
the
Rent
found
behinde
should
conclude
the
Queen
,
and
that
the
Act
of
her
Officer
should
be
the
Act
of
the
Queen
her self
,
so
as
she
could
not
enter
for
the
Condition
broken
;
and
so
it
was
adjudged
against
the
Queen
.
Hunt
and
Gateleys
Case
.
283.
In
a
Replevin
,
the
Case
was
this
;
Tenant
in
Tail
,
the
remainder
over
in
Tail
,
the
remainder
over
in
Fee
;
Tenant
in
Tail
in
remainder
granted
a
Rent
charge
,
and
afterwards
Tenant
in
Tail
in
possession
suffered
a
Common-Recovery
and
dyed
without
Issue
.
The
Question
was
,
If
the
Recoverers
should
hold
the
Land
charged
with
the
Rent
.
It
was
Resolved
,
that
the
Recoverers
,
nor
any
which
came
in
under
their
estate
,
should
be
subject
to
the
charge
of
him
in
the
Remainder
,
because
the
Recoverers
are
not
of
an
Estate
which
they
gained
under
the
estate
of
Tenant
in
Tail
in
possession
,
whose
estate
is
not
subject
to
any
Charge
of
him
in
the
Remainder
.
2.
Resolved
,
That
no
Lease
,
nor
Rent
,
nor
estate
made
by
him
in
the
Remainder
should
charge
the
possession
of
the
Recoverers
.
Brand
and
Glasses
Case
.
284.
Action
upon
the
Case
against
an
Inkeeper
of
London
,
for
goods
of
the
Plaintiff
stolen
out
of
his
Inn
:
The
Defendant
pleaded
an
agreement
betwixt
them
,
that
the
Inkeeper
should
not
be
charged
with
any
goods
brought
by
the
guest
,
but
with
such
only
as
he
should
deliver
to
the
Inkeeper
himself
,
or
to
his
Wife
,
and
that
the
Plaintiff
did
not
deliver
the
goods
stolen
neither
to
him
nor
his
Wife
.
It
was
Resolved
by
the
Court
,
it
was
a
good
bar
of
the
Action
;
and
this
Case
was
put
and
vouched
to
be
adjudged
.
7
Eliz.
A
Clothier
came
to
an
Inn
with
a
Wayne
of
Wool
to
Lodge
,
at
his
entry
,
the
Inkeeper
said
to
him
,
That
if
he
would
,
that
he
should
take
the
Charge
of
his
Wayne
,
that
he
should
draw
the
same
into
an
Inner
Court
,
otherwise
he
would
not
answer
for
it
;
The
Clothier
did
not
do
it
,
and
the
Wool
was
stolen
:
The
Clothier
brought
his
Action
upon
the
Case
against
the
Inkeeper
;
and
upon
shewing
the
special
matter
,
the
Inkeeper
was
discharged
.
185.
The
Case
was
Lessee
for
life
Covenanted
for
himself
his
Executors
and
Administrators
,
to
build
a
new
Wall
during
the
Terme
,
and
after
he
assigned
over
his
estate
.
It
was
Resolved
,
that
in
this
Case
upon
the
Statute
of
21.
H.
8.
that
the
Grantee
of
the
Reversion
,
or
the
Grantor
might
have
an
Action
of
Covenant
against
the
Assignees
;
for
by
the
acceptance
of
the
possession
he
had
made
himself
subject
to
all
Covenants
concerning
the
Land
,
and
the
building
of
a
Wall
was
a
Covenant
inherent
to
the
Land
,
with
which
the
Assignee
should
be
Charged
,
though
there
wanted
the
word
Assignees
in
the
Deed.
Mich.
26.
&
27.
Eliz.
The
Case
of
Saffron
Walden
.
286.
King
Henry
8.
seised
of
the
Mannor
of
Saffron
Walden
,
parcell
of
his
Dutchy
of
Lanc.
Anno
6.
of
his
Raign
,
granted
to
the
Guild
of
Walden
,
2.
Mills
,
a
Market
,
and
the
Clarkship
of
the
Market
in
Fee
Farme
rendering
10
l.
per
Ann.
and
after
31.
of
his
Raign
granted
the
Mannor
,
Rent
and
Fee
Farme
to
the
Lord
Audley
in
Fee
,
1
E.
6.
by
the
Statute
of
Chauntries
;
the
Guild
was
dissolved
,
by
which
the
Mills
and
Markets
came
again
to
the
King
,
with
a
(
alvo
of
the
Rent
to
the
Lord
Audley
.
Afterwards
the
said
King
,
E.
6.
Anno
3.
of
his
Raign
,
granted
the
two
Mills
,
Market
and
Clarkship
of
the
Market
,
and
also
a
Fair
yearly
to
be
holden
there
,
to
the
Town
of
Walden
in
Fee
Farme
,
reddendo
inde
annuatim
to
the
King
and
his
Successors
,
vel
tali
Capitali
Domino
vel
Dominis
feodi
illius
ad
q●em
vel
quos
de
nostro
pertinet
vel
pertinebit
,
the
sum
of
10
l.
per
Ann.
upon
which
Reservation
they
were
charged
with
10
l.
per
Ann.
in
the
Exchequer
,
and
upon
a
scire
facias
,
they
pleaded
in
discharge
of
the
said
Rent
,
that
they
had
payed
10
l.
per
Ann.
to
the
Heirs
of
the
Lord
Audley
.
The
points
debated
were
two
.
1.
That
when
the
King
had
granted
the
2.
Mills
and
Market
to
the
Guild
reserving
Rent
,
if
the
said
Rent
were
parcel
of
the
Mannor
of
Walden
,
as
the
Mills
were
,
or
was
a
Rent
in
grosse
;
for
if
it
was
parcel
of
the
Mannor
,
then
it
was
parcel
of
the
possessions
of
the
Dutchy
;
if
it
was
not
parcel
,
then
it
was
a
thing
given
to
the
King
in
Capite
.
2.
If
by
the
Reddend
.
in
the
Patent
of
E.
6.
the
Town
of
Walden
was
charged
to
pay
10
l.
to
the
Lord
Audley
,
and
other
10
l.
to
the
King
.
This
Case
is
very
long
and
Learnedly
argued
by
Walmesby
,
for
the
Town
of
Walden
,
and
by
Popham
for
the
King
.
And
it
was
Resolved
by
the
Justices
,
That
the
Corporation
of
Walden
should
pay
both
the
Rents
.
Vide
the
Book
at
Large
for
the
Reasons
.
Sir
William
Herberts
Case
.
287.
Sir
Matthew
Herbert
acknowledged
a
Recognizance
to
the
King
of
3000
l.
and
afterwards
he
made
several
Feoffments
and
Allienations
of
divers
of
his
Lands
,
the
residue
discended
to
his
Heirs
:
A
scire
fac
.
issued
against
the
Heir
and
Terre
Tenants
who
made
default
,
and
Judgment
was
given
against
the
Heir
aswell
of
his
own
proper
Land
,
as
of
those
which
he
had
by
discent
.
It
was
said
by
Cook
,
that
although
the
Heir
upon
default
shall
be
charged
above
his
Assets
,
but
that
was
where
a
man
bound
him
and
his
Heirs
in
the
Recognizance
;
but
here
the
Heir
should
not
be
charged
,
because
the
words
of
the
Recognizance
are
no
obligation
against
the
Heir
,
but
only
upon
the
Land
;
and
therefor
he
prayed
contribution
against
the
other
Feoffes
.
The
Court
refused
to
grant
it
,
and
said
that
one
purchasor
shall
have
contribution
against
another
;
but
the
Heir
shall
not
have
it
,
but
shall
be
in
the
same
degree
as
his
Ancestors
was
.
Bantings
Case
.
288.
In
Trespas
the
Case
was
,
John
Banting
contracted
himself
to
Agnes
A.
after
Agnes
was
Maried
to
F.
and
Cohabited
with
him
;
Banting
sued
Agnes
in
the
Court
of
Audience
,
and
proved
the
Contracts
,
and
sentence
was
there
pronounced
,
that
she
should
Marry
the
said
Banting
and
Cohabit
with
him
,
which
she
did
,
and
they
had
Issue
Charles
Banting
,
and
the
Father
dyed
;
It
was
argued
by
the
Civilians
,
that
the
Marriage
betwixt
Banting
and
Agnes
was
void
;
and
that
Charles
was
a
Bastard
.
But
it
was
Resolved
by
the
Justices
,
that
Charles
the
Issue
of
Banting
was
Legitimate
and
no
Bastard
.
289.
The
Case
was
,
Lessee
for
years
assigned
the
Terme
to
the
Wife
of
the
Lessor
and
a
stranger
,
and
afterward
the
Lessor
bargained
and
sold
for
Mony
by
deed
Inrolled
;
the
stranger
dyed
,
the
the
Wife
claimed
to
have
the
residue
of
the
Terme
not
expired
:
Whether
by
the
Bargain
and
sale
,
the
Terme
of
the
Wife
was
extinct
or
not
,
was
the
Question
;
it
was
said
it
was
not
;
but
Contrary
,
if
the
Husband
had
made
a
Feoffment
in
Fee
with
Livery
;
Quaere
,
the
Case
was
not
Resolved
.
Vide
Plowdens
Commentary
.
Amy
Townsends
Case
.
Treshams
Case
.
290.
Tenant
in
Capite
,
made
gift
in
tail
to
I.
S.
upon
condition
,
that
if
he
aliened
,
that
it
should
be
Lawfull
for
him
to
enter
;
I.
S.
aliened
,
Tenant
in
Tale
entred
for
the
Condition
broken
:
It
was
adjudged
,
That
a
Fine
for
the
Alienation
of
the
Tenant
in
Tail
was
due
to
the
Queen
,
and
that
the
Queen
might
charge
the
Lands
in
whose
hands
so
ever
they
came
for
this
Fine
;
and
the
duty
was
not
discharged
by
the
entry
of
the
Tenant
in
Tail
,
for
the
Condition
broken
,
but
the
Tenant
of
the
Land
was
Chargeable
for
the
same
.
291.
Debt
against
an
Executor
for
100
l.
in
C.
B.
Afterwards
Debt
was
brought
against
the
same
Executor
for
100
l.
in
B.
R.
in
which
he
confessed
the
Action
,
and
pleaded
the
same
to
the
first
Action
and
that
he
had
fully
administred
all
but
the
said
100
l.
The
Court
inclined
to
be
of
opinion
,
that
the
plea
was
not
good
,
but
that
the
Executor
was
chargeable
to
the
first
Judgment
.
Quaere
,
because
not
Resolved
.
292.
A.
for
mony
sold
to
B.
all
the
Butter
which
should
be
made
of
his
Cowes
in
a
year
,
and
when
he
had
made
Butter
,
he
sold
the
same
to
C.
C.
paid
his
money
and
set
his
mark
upon
the
Barrells
,
and
left
them
in
the
Custody
of
A.
and
afterwards
A.
delivered
them
to
B.
the
first
vendee
;
C.
brought
a
Replevin
;
and
B.
claimed
the
property
in
the
Butter
by
the
first
sale
.
It
was
said
,
that
the
property
of
it
was
in
C.
for
the
first
Contract
betwixt
A.
and
B.
was
but
a
Covenant
and
agreement
,
that
A
should
sell
the
butter
when
it
should
be
made
,
for
before
that
he
could
not
sell
it
,
and
before
the
making
of
it
there
was
no
property
in
it
,
and
so
no
contract
;
and
the
second
alienation
,
was
a
change
of
the
property
,
and
so
B.
hath
no
remedy
for
it
;
but
his
Action
upon
the
Case
against
A.
Quaere
,
not
Resolved
.
The
Earl
of
Huntington
and
Lord
Mountjoyes
Case
.
293.
The
Lord
Mountjoy
bargained
and
sold
Lands
by
deed
enrolled
:
Proviso
,
that
it
is
Covenanted
,
granted
and
agreed
,
that
it
shall
be
Lawfull
for
I.
S.
who
was
a
stranger
,
to
dig
in
the
Lands
for
Mynes
;
It
was
adjudged
in
this
Case
,
that
although
the
word
Proviso
absolutely
taken
be
a
Condition
,
yet
when
it
is
coupled
with
other
Words
subsequent
,
It
shall
be
construed
to
be
a
Covenant
and
not
a
Condition
.
Crocook
and
Whites
Case
.
294.
Debt
upon
an
Obligation
,
the
condition
was
:
That
if
the
Defendant
Warrant
and
defend
an
Oxgange
of
Land
to
the
Plaintiff
against
I.
S.
and
all
others
,
that
then
&c.
It
was
Resolved
,
the
word
defend
,
shall
be
taken
and
shall
not
imply
any
other
sense
,
but
a
defense
against
Lawfull
Titles
,
and
not
against
Trespasses
,
and
this
Case
was
put
by
Anderson
Chief
Justice
.
If
one
Covenants
to
make
a
Lease
of
all
his
Lands
in
D.
and
in
D.
he
hath
aswell
Copyhold
Land
as
Freehold
Land
,
he
is
not
by
the
Covenant
to
make
a
Lease
of
the
Copyhold
Land
,
for
that
he
cannot
Lawfully
Lease
without
License
,
and
the
for
the
Law
shall
construe
the
Covenant
to
be
of
Lands
dimiseable
,
and
not
of
other
Lands
.
Roberts
Case
.
295.
The
Bishop
of
Batb
and
Wells
granted
to
King
E.
6.
by
Deed
enrolled
all
his
Farmes
and
Hereditaments
of
W.
in
W.
in
the
County
of
S.
Habend
.
to
the
King
and
his
Heirs
,
and
in
W.
the
Bishop
had
a
Rectory
which
extended
into
the
County
of
D.
It
was
holden
in
this
Case
,
that
the
word
Farme
did
not
include
the
Rectory
without
a
special
averment
,
that
the
same
was
in
Lease
before
,
but
the
word
Hereditament
was
sufficient
to
passe
the
Rectory
.
296.
A
Statute
is
Continued
during
the
Will
of
the
King
:
It
was
Resolved
,
that
the
Demise
of
the
King
had
determined
his
Will.
297.
Note
,
it
was
Resolved
by
the
Justices
,
that
if
Lands
are
devised
to
2.
men
,
and
to
the
Child
with
which
the
Wife
of
the
Devisor
is
ensient
;
It
is
a
good
Devise
,
and
the
Child
shall
take
by
the
Devise
;
but
if
he
shall
be
Joynt
or
Tenant
in
Common
with
the
other
,
Quaere
.
Grises
Case
.
298.
A.
gave
Lands
to
his
Son
and
his
Wife
for
life
,
the
remainder
to
the
Heirs
of
A.
the
Son
dyed
having
Issue
within
age
.
A.
dyed
Living
the
Wife
;
It
was
adjudged
,
that
the
Issue
of
the
Son
should
not
be
in
Ward
for
the
Remainder
,
notwithstanding
the
Statute
of
32
H.
8.
Wests
Case
.
299.
West
went
beyond
Sea
,
and
wrote
a
Letter
,
that
his
Land
should
go
in
such
a
manner
;
It
was
adjudged
to
be
a
good
Will
and
Devise
.
Cooks
Case
.
300.
It
was
agreed
by
the
Justices
in
this
Case
;
that
if
Lessee
for
years
during
his
Terme
,
set
up
Posts
for
out-doores
,
and
hangs
doores
upon
them
by
Engines
,
that
he
cannot
take
them
away
at
the
end
of
the
Terme
;
but
otherwise
they
conceived
,
if
it
be
of
Indoors
within
the
house
.
Mollineux
Case
.
301.
A.
bound
himself
in
an
Obligation
upon
condition
,
that
if
he
did
pay
to
the
Obligee
the
sum
of
20
l.
within
40.
dayes
after
his
personal
being
at
Rome
,
and
his
Return
into
England
,
that
the
Obligation
should
be
void
:
In
debt
brought
,
the
Defendant
pleaded
,
and
tendred
Issue
that
the
Obligor
never
was
at
Rome
;
It
was
said
by
the
Justices
,
That
where
the
condition
,
contains
matter
not
triable
,
the
condition
is
void
,
but
where
the
matter
is
parcell
tryable
,
parcel
not
,
that
the
Condition
is
good
:
But
in
this
Case
the
Justices
doubted
of
it
,
because
2.
things
are
Coupled
by
a
Conjunction
,
so
as
they
cannot
be
severed
;
otherwise
,
if
they
were
mentioned
in
the
Disjunctive
.
302.
A
man
was
Arraigned
and
Condemned
of
Felony
,
and
Imprisoned
for
it
in
Newgate
;
and
an
Execution
out
of
the
Exchequer
at
the
suit
of
a
comon
person
was
delivered
to
the
Sheriff
against
him
,
who
served
it
upon
him
:
It
was
the
opinion
of
all
the
Barons
,
that
the
Sheriffs
might
choose
to
serve
the
Executon
or
not
,
because
the
King
had
an
Interest
in
the
body
of
the
person
Imprisoned
;
but
if
they
do
serve
the
Execution
,
notwithstanding
the
pardon
,
yet
it
is
good
,
by
which
it
appeareth
,
that
the
Attainder
shall
not
extinct
the
debts
of
other
Subjects
,
but
that
if
the
Attainder
be
purged
by
a
Pardon
,
the
Execution
of
all
other
duties
are
revived
,
and
stand
good
for
the
parties
.
303.
A
man
made
a
Feoffment
in
Fee
reserving
Rent
,
Suit
of
Court
and
Relief
;
and
by
the
deed
granted
,
that
if
the
Feoffee
his
Heirs
or
assignes
should
be
destrained
for
other
services
then
are
reserved
in
the
deed
,
that
then
it
should
be
Lawfull
for
the
Feoffee
,
his
Heirs
and
Assignes
to
distrain
in
his
Mannor
of
D
and
keep
the
distresse
,
till
he
was
satisfied
the
damage
of
so
much
as
he
had
sustained
by
the
distresse
:
The
Feoffee
made
a
Feoffment
over
;
It
was
Resolved
,
that
in
such
Case
the
second
Feoffee
might
Destrain
because
it
was
a
Covenant
which
ranne
with
the
Lands
.
304.
Words
,
for
calling
the
Plaintiff
a
Caterpiller
,
for
he
liveth
by
Robbing
of
his
Guests
,
he
being
an
Inholder
;
Adjudge
the
words
not
Actionable
;
otherwise
if
he
say
,
He
is
a
Caterpiller
and
liveth
by
Robbing
in
the
High
way
.
305.
Resolved
,
that
an
Action
upon
the
Case
lyeth
,
for
calling
an
Attorney
a
Common
Barretor
:
It
was
Colborns
Case
.
306.
Note
,
it
was
Resolved
by
the
Justices
,
that
for
a
Common
Nusans
done
in
via
Regia
,
as
for
making
a
ditch
in
it
,
so
as
he
cannot
passe
the
way
with
his
Cart
and
Carriages
;
an
Action
upon
the
Case
will
not
lye
,
without
shewing
some
particular
injury
thereby
done
to
his
person
;
for
that
he
is
thereby
no
more
endamaged
then
the
Kings
other
Subjects
:
but
such
Offence
is
to
be
presented
in
the
Leet
being
a
Common
Neusans
;
and
not
punishable
by
a
private
Action
,
but
where
there
is
to
him
a
particular
damage
.
307.
Debt
upon
Obligation
,
the
Condition
was
,
if
the
Obligor
,
his
Excecutors
or
Assignes
do
pay
to
the
Obligee
10
l.
within
3.
Moneths
next
after
his
Arrival
from
Rome
,
the
said
Obligee
proving
the
same
by
Testimonial
or
other
Witnesses
;
that
then
&c.
the
Defendant
said
,
that
the
Plaintiff
had
not
made
proof
that
he
was
at
Rome
,
the
Plaintiff
shewed
a
Testimonial
under
the
seals
of
several
great
Persons
living
at
Rome
that
he
was
there
:
It
was
Resolved
in
this
Case
,
that
the
proof
might
be
by
Witnesses
or
Testimonial
,
and
it
is
no
Mischief
;
for
if
the
Testimonial
be
Counterfeit
,
he
may
take
Issue
upon
it
,
that
it
is
not
a
true
Testimoniall
.
James
Case
.
308.
A
man
seised
of
Lands
in
Fee
,
took
a
Lease
for
years
of
a
stranger
by
deed
Indented
of
his
own
Land
,
the
Terme
expired
,
and
the
stranger
entred
,
and
the
other
brough
Trespas
.
Resolved
by
all
the
Justices
,
that
it
should
be
an
estoppel
against
the
Lessee
,
but
only
during
the
Terme
.
Lins●is
Case
.
309.
It
was
Resolved
in
this
Case
:
That
an
Action
upon
the
Case
doth
not
lye
for
calling
the
Plaintiff
a
Common
Extortioner
,
unlesse
it
be
averred
that
the
Plaintiff
was
an
Officer
,
for
that
none
can
be
a
Common
Extortioner
,
unlesse
he
be
an
Officer
.
310.
An
Action
was
brought
for
speaking
these
words
,
viz.
Tho●
(
meaning
such
an
one
)
art
a
perjured
man
and
a
procurer
of
perjury
,
and
many
the
like
words
tending
to
that
purpose
;
The
Court
said
,
that
the
Action
did
not
lye
for
the
words
,
if
they
were
not
spoken
directly
and
in
the
affirmative
;
and
an
Action
doth
not
lye
for
words
by
circumstance
tending
to
slander
.
Manxells
Case
.
311.
A
man
made
a
Feoffment
in
Fee
of
his
Lands
,
and
bound
himself
in
an
Obligation
,
that
he
and
his
Son
would
do
all
Acts
devised
by
the
Obligee
;
The
Obligee
devised
a
Deed
of
Release
,
the
Father
delivered
it
as
his
deed
,
but
the
Son
did
not
deliver
it
,
but
because
h●
was
unlearned
,
he
required
the
Obligee
to
read
it
unto
him
,
and
refused
to
seal
and
deliver
it
,
where
Debt
was
brought
against
the
F●ther
:
It
was
Resolved
,
that
the
Son
was
bound
to
deliver
it
at
his
peril
,
because
the
Father
had
bound
himself
,
that
his
Son
should
do
it
;
and
that
Debt
did
well
lye
against
the
Father
,
his
Son
not
sealing
and
delivering
the
Release
.
312.
Diverse
persons
brought
one
Joynt
Quare
Impedit
,
and
in
the
Declaration
they
varied
upon
the
title
.
It
was
adjudged
that
the
Writ
should
abate
,
for
the
Judgment
ought
to
be
according
to
the
Writ
,
unlesse
there
be
Summons
and
severance
;
and
upon
diverse
titles
a
joynt
Judgement
cannot
be
given
,
because
there
is
but
one
Lawfull
title
.
313.
Note
,
It
was
holden
by
the
Justices
,
That
an
Attaint
did
not
lye
upon
a
verdict
given
in
a
Redi●●eisin
before
the
Sheriff
and
Coroners
:
notwithstanding
the
Register
fol.
20.
is
,
that
Attaint
doth
Lie
.
314
The
Lord
licensed
his
Copyholder
to
make
a
Lease
of
Copyhold
for
21.
years
to
begin
at
Mich.
following
,
the
Copyholder
made
a
Lease
accordingly
by
Indenture
;
and
also
before
Mich.
by
deed
made
another
Lease
to
another
for
21.
years
to
begin
also
at
Mich.
following
:
Anderson
Chief
Justice
said
the
making
of
the
second
Lease
was
a
forfeiture
.
Hide
and
Neuports
Case
.
315.
A
Copyholder
in
Fee
took
a
Lease
for
years
of
the
Mannor
.
Resolved
the
Copyhold
was
extinct
for
ever
,
and
not
only
during
the
Lease
.
Allen
and
Givers
Case
.
vide
●03
.
316.
Husband
and
Wife
brought
an
Action
upon
the
Case
against
the
Defendant
and
his
Wife
,
because
the
Defendants
Wife
said
,
that
the
Wife
of
the
Plaintiff
had
procured
one
to
Murder
I.
S.
It
was
adjudge●
,
that
the
Action
did
well
lye
,
and
it
was
said
,
that
where
one
said
to
another
,
that
he
layed
wait
in
the
Highway
to
Rob
him
,
that
the
Action
did
lye
for
the
slander
,
though
nothing
succeeded
upon
it
.
317.
In
false
Imprisonment
,
the
Defendant
said
at
the
time
of
the
Imprisonment
he
was
Sheriff
of
the
County
of
W.
and
Justified
by
reason
of
a
Capias
directed
to
him
to
arrest
the
Plaintiff
,
the
Plaintiff
said
,
the
Defendant
was
not
Sheriff
,
but
one
I.
S.
It
was
adjudged
against
the
Plantiff
;
for
the
Court
said
,
That
all
things
which
he
did
as
Sheriff
were
Lawfull
before
he
had
a
discharge
of
this
Office
,
or
perfect
notice
of
a
new
Sherff
.
Johnson
and
Smiths
Case
.
318.
Action
upon
the
Case
for
slandring
of
his
Title
,
and
declared
,
That
he
was
seised
of
Lands
by
discent
from
h●s
Father
,
and
was
agreed
with
I.
S.
for
a
sale
of
the
same
Lands
;
and
I.
S.
went
to
the
Defendant
being
an
Attorney
and
prayed
his
advice
for
the
making
the
Assurance
,
and
that
the
Defendant
said
to
I.
S.
that
he
had
heard
,
that
the
Father
of
the
Plaintiff
had
granted
a
Rent
Charge
out
of
the
Lands
in
Fee
;
by
reason
of
which
words
I.
S.
refused
to
buy
the
Lands
;
and
all
other
persons
for
fear
of
the
said
Incumbrance
,
to
his
damage
,
&c.
The
Defendant
said
he
was
an
Attorney
at
Law
,
and
I.
S.
came
to
him
for
Counsell
;
in
secret
he
said
the
words
spoken
in
the
Declaration
;
It
was
strongly
urged
,
that
although
he
was
an
Attorney
,
that
would
not
excuse
him
;
because
an
Attorney
is
allowed
to
give
Counsell
,
and
the
utterance
of
the
words
in
private
did
not
excuse
,
being
spoken
to
the
buyer
himself
.
But
it
was
Resolved
the
Action
did
not
lye
;
and
adjudged
against
the
Plantiff
.
Dawbney
and
Goores
Case
.
319.
In
Disceit
,
D.
G.
and
G.
were
Joynt
Merchants
,
they
made
F.
and
S.
their
Factors
in
Barbary
,
G.
and
G.
conspired
with
S.
to
demand
allowance
of
1000
l.
which
was
allowed
them
upon
accompt
,
by
which
D.
was
damnified
,
for
that
the
money
was
not
due
;
and
the
truth
was
,
S.
only
made
the
Account
:
The
poynt
was
,
if
one
Factor
might
make
an
Account
for
both
;
and
if
the
two
Merchants
might
take
an
Account
for
them
all
three
:
It
was
said
,
that
they
all
ought
to
joyn
in
Account
,
but
one
solely
might
Assigne
Auditours
to
take
the
Account
;
on
the
other
side
,
it
was
said
,
there
was
no
Joynture
in
Merchandize
,
and
that
one
Merchant
shall
have
an
Account
against
his
Companion
.
Quaere
;
the
Case
was
not
Resolved
.
Hill
and
Morses
Case
.
320.
It
was
Resolved
in
this
Case
,
That
a
Copyhold
without
a
special
Custome
could
not
be
entailed
.
321.
An
Enfant
acknowledge
a
Fine
before
the
Cheif
Justice
,
but
the
Conusee
would
not
have
the
Fine
ingr●ssed
till
his
full
age
;
The
Enfant
came
now
with
the
Note
of
the
Conusance
and
prayed
a
Wri●
of
Error
,
and
examination
of
his
age
,
which
the
Justice
agreed
unto
,
and
that
an
Entry
be
made
thereof
,
and
by
that
save
to
him
his
advantage
.
322.
A
man
sold
his
Land
,
and
Covenanted
to
save
the
Vendee
harmlesse
upon
request
.
It
was
said
if
the
Land
be
extended
by
force
of
a
Statute
before
the
request
,
the
Covenant
is
not
broken
,
for
that
now
the
Covenant
is
become
impossible
by
the
negligence
of
the
Covenantee
himself
,
but
if
he
had
made
request
before
the
extent
,
there
the
Covenant
should
be
broken
for
default
of
saving
harmelesse
.
Foreman
and
Bob●ams
Case
.
323.
Rep●evin
.
The
Defendant
avowed
for
a
Rent
charge
of
3
s.
4
d.
●iss●ing
out
of
the
place
where
&c.
which
was
one
parcell
of
the
Mannor
of
W.
of
wh●ch
Mannor
I.
S.
was
seised
in
Fee
and
33
H.
6.
made
a
Feoffment
of
the
said
Close
rendering
Rent
with
distresse
;
and
dyed
se●sed
,
and
it
discended
to
his
Son
who
bargained
and
sold
the
Mannor
,
with
all
Lands
Rents
,
Reversions
,
services
and
herediraments
,
which
are
parcell
,
or
had
been
deemed
,
reputed
or
taken
as
part
,
parcell
,
or
member
of
the
Mannor
;
and
the
Defendant
as
Bayliff
of
the
Heir
of
the
Bargainee
made
Conusans
for
the
Rent
:
and
whether
the
Rent
did
passe
as
parcell
of
the
Mannor
,
was
the
Question
by
the
bargain
and
sale
;
It
was
said
,
it
did
n●t
passe
by
the
word
parcell
;
but
it
passed
by
the
words
reputed
parcell
,
if
it
were
so
reputed
parcell
at
the
time
of
the
grant
;
Quaere
;
the
Case
is
not
Resolved
in
this
Book
;
but
vide
Pasch.
26
Eliz.
in
B.
R.
Leon.
1.
part
13.
there
the
Judgment
was
given
against
the
Avowant
.
Justice
Windh●ms
Case
.
324.
A
Lease
was
made
,
reciting
,
that
whereas
he
had
made
a
Lease
of
one
Close
to
the
Lessee
for
●0
.
years
rendring
8
s.
Rent
,
and
another
Lease
of
another
Close
to
the
same
Lessee
for
40
,
years
,
now
he
demised
to
the
same
Lessee
both
the
said
Closes
for
40.
year
,
from
and
after
the
determination
of
the
several
demises
;
It
was
a
question
if
the
last
Lease
was
good
,
because
there
is
not
any
certain
time
of
the
begining
of
it
.
Resolved
the
Lease
was
good
,
and
the
Law
shall
make
an
Interpretation
of
the
demise
reddend●
singula
singulis
;
how
the
Terme
shall
begin
.
Vide
Cook
.
5.
part
,
the
same
Case
.
Dolman
and
Vavasors
Case
.
325.
A.
seised
in
Fee
of
Lands
15
Eliz.
suffered
a
Common
Recovery
to
B.
which
Recovery
was
executed
by
Habere
facias
seisinam
.
After
the
Recovery
had
,
it
was
declared
by
Indenture
between
the
parties
,
that
the
Recovery
should
be
to
the
use
of
the
said
A
,
for
life
without
impeachment
of
Waste
,
the
remainder
to
the
first
begotten
Child
of
his
body
,
and
the
Heirs
male
of
such
first
begotten
Child
,
and
so
to
his
9.
Issues
,
and
for
want
of
such
Issue
,
to
V.
the
Tenant
or
Defendant
,
and
the
Heirs
male
of
his
body
;
and
if
these
Indentures
were
sufficient
to
declare
the
uses
of
the
Recovery
,
was
the
Question
;
It
was
Resolved
,
that
these
Subsequent
Indentures
were
sufficient
to
declare
the
uses
of
the
said
Recovery
;
for
so
was
the
Intent
of
the
parties
as
appeareth
by
the
Indentures
;
and
it
was
adjudged
,
that
the
declaration
by
the
subsequent
Indentures
should
stand
good
,
because
there
was
not
any
other
declaration
of
any
other
use
.
Scroggs
and
Lady
Greshams
Case
.
326.
Debt
upon
an
Obligation
against
the
Defendant
Executrix
of
Sir
Thomas
Gresham
:
The
Defendant
pleaded
,
several
Obligations
made
by
the
Testator
to
the
Queen
,
amounting
to
8000
l.
solvendum
eidem
Do●inae
Reginae
,
quando
requisitus
●uisset
,
ultra
quam
non
habet
:
upon
which
the
Plaintiff
demurred
,
because
the
Obligation
not
being
upon
Record
,
but
taken
in
pa●s
was
not
good
,
for
that
the
Queen
could
not
take
but
by
matter
of
Record
,
and
also
the
solvendum
is
not
to
the
Queen
and
Successors
;
and
the
Queen
is
not
to
have
the
preferment
of
payment
of
her
debts
,
unlesse
they
be
debts
upon
Record
;
But
yet
in
such
Case
if
the
Queen
first
sue
,
she
shall
be
preferred
,
although
she
hath
Judgement
after
another
who
sueth
.
The
Lord
Pagetts
Case
.
327.
The
Case
was
,
the
Lord
Page●t
seised
of
divers
Mannors
,
by
deed
Indented
Covenanted
with
I.
S.
and
others
,
that
in
consideration
of
discharge
of
his
Funerals
,
payments
of
his
Debts
and
Legacies
,
and
advancement
of
his
Son
,
and
others
of
his
blood
,
to
stand
seised
of
the
said
Mannors
to
the
use
of
the
said
I.
S.
and
others
for
the
Life
of
the
Lord
Pagett
,
and
after
to
the
use
of
C.
P.
and
other
for
24.
years
,
and
after
the
expiration
of
the
said
Term
of
24.
years
,
to
the
use
of
William
Pagett
his
Son
in
tail
.
Afterwards
the
Lord
Pagett
was
attainted
of
Treason
;
The
first
Question
was
,
If
the
Uses
limited
to
I.
S.
and
others
were
good
;
or
not
?
Resolved
,
they
were
void
,
because
they
wanted
a
good
consideration
,
but
if
he
had
made
them
Executors
,
and
chargeable
to
the
payment
of
his
debts
,
then
the
same
had
been
good
.
Second
point
,
If
the
use
limited
to
William
Pagett
should
begin
presently
after
the
death
of
the
Lord
Pagett
,
or
should
expect
untill
the
24.
years
were
incurred
after
the
death
of
the
Lord
Pagett
,
or
not
at
all
?
Resolved
,
That
the
use
should
be
in
William
Pagett
presently
,
before
the
24.
years
were
expired
.
Wiseman
and
Barnards
Case
.
328.
The
case
was
Tenant
in
tail
for
the
advancement
of
his
Blood
,
Name
,
and
Issue
,
covenanted
to
stand
seised
to
the
use
of
himself
in
tail
,
the
remainder
to
the
Plaintiff
in
tail
,
the
remainder
to
the
Queen
in
see
,
and
died
;
his
issue
entred
,
and
suffered
a
common
Recovery
,
and
died
without
issue
,
he
in
the
remainder
entred
:
Resolved
,
That
the
consideration
that
the
Land
should
continue
in
his
Name
and
Blood
,
was
no
consideration
to
raise
the
use
to
the
Queen
.
2.
Resolved
,
that
he
in
the
Remainder
was
barred
by
the
common
Recoverie
,
and
the
Remainder
not
preserved
by
the
Statute
of
34.
H.
8.
because
it
was
not
of
the
Provision
of
the
Queen
,
but
of
a
common
person
.
Chenyes
Case
.
329.
A
seized
of
Lands
made
a
Lease
for
years
thereof
to
B.
and
C.
upon
confidence
for
the
preferment
of
the
wife
of
A.
and
afterwards
he
made
a
Feoffment
to
B.
and
others
to
certaine
uses
of
the
same
Lands
:
the
point
was
,
If
the
Lease
for
years
were
extinguished
by
the
Feoffment
?
Resolved
,
That
the
Terme
was
not
extinct
,
but
was
saved
by
the
Proviso
in
the
Statute
of
27.
H.
8.
of
uses
,
which
preserved
all
Interest
which
the
Feoffees
had
in
the
Lands
to
their
own
uses
,
and
here
B.
had
the
Term
to
his
own
use
,
and
therefore
not
extinguished
.
Pimbs
Case
.
330.
A
committed
Treason
18.
Eliz.
and
was
attainted
26.
Eliz.
In
the
interim
he
was
Conusee
of
a
Fine
levied
by
I.
S.
which
fine
was
to
the
use
of
the
said
I.
S.
and
his
wife
:
Afterwards
I.
S.
and
his
wife
bargained
and
sold
the
Land
for
money
to
Pimb
:
It
was
conceived
that
the
Land
was
in
the
Queen
,
upon
the
discovery
of
the
Treason
and
Attainder
,
which
intitles
the
Queen
to
all
the
Lands
which
Traitors
had
at
the
time
of
the
Treason
,
or
after
,
so
as
the
estate
of
I.
S.
and
his
wife
was
thereby
destroyed
by
the
Relation
of
the
Attainder
.
Wherefore
Pimb
sued
to
the
Queen
,
and
she
granted
him
the
Land
,
by
her
Letters
Patent
.
Beckwiths
Case
.
331.
Husband
and
Wife
seized
of
Lands
in
the
right
of
the
Wife
;
levied
a
Fine
;
The
husband
detained
the
uses
solie
one
way
;
and
the
Wife
detained
the
uses
upon
the
Fine
another
way
;
It
was
resolved
,
that
both
the
Declaration
of
the
uses
were
void
;
and
so
by
consequence
,
the
uses
upon
the
Fine
should
be
to
the
use
of
the
W●te
and
her
Heirs
.
The
Lord
Mountjoys
Case
.
332.
The
Case
was
this
;
A
Mannor
which
did
consist
of
Free
Rents
of
7.
l.
copyhold
Rents
of
3.
l.
and
of
domaines
which
had
used
to
be
devised
for
several
Rents
and
Farmes
,
to
which
Mannor
an
Acre
of
waste
parcel
of
the
Mannor
of
the
yearly
value
of
12.
d.
Heriotts
.
Court
Baron
Leet
.
and
perquisits
of
Court
,
which
never
were
devised
for
Life
,
years
or
otherwise
,
did
appertain
,
and
were
incident
,
was
by
a
private
Act
of
Parliament
given
to
A.
and
B.
in
tail
,
with
diverse
remainders
over
,
and
the
Donees
were
restrained
.
Quod
non
facerent
aliquid
ad
Nocumentum
,
or
disinheritance
of
the
Tenant
in
tail
,
or
them
in
remainder
,
and
that
they
should
have
power
to
make
a
Lease
for
Life
,
Years
,
or
at
Will
,
rendring
the
true
and
ancient
Rent
of
the
said
Tenements
to
be
demised
,
and
that
all
other
acts
should
be
void
.
Tenant
in
tail
accepted
of
a
fine
from
a
stranger
of
the
Mannor
,
by
which
they
granted
and
rendred
the
Mannor
for
300.
years
,
rendring
rent
yearly
,
amounting
to
the
free
Rents
,
Copy
rents
,
and
Farme
Rents
,
and
18.
d.
more
,
and
12.
d.
for
the
waste
,
to
be
paid
at
two
Feasts
,
whereas
the
ancient
Rent
was
paid
at
four
Feasts
:
Tenant
in
tail
died
,
and
if
the
Lease
for
300.
years
,
was
to
be
avoided
by
the
clause
of
Restraint
was
the
Question
:
It
was
Resolved
,
1.
That
although
by
the
purview
of
the
Act
,
That
all
Estates
restrained
by
the
Act
,
should
be
void
,
yet
the
same
should
not
avoid
the
Lease
,
as
to
the
Tenant
in
tail
himself
,
but
it
should
be
avoided
by
the
Issues
in
tail
.
2.
Resolved
,
That
in
respect
the
Acre
of
waste
was
never
devised
before
,
that
the
Rent
which
is
entire
,
reserved
out
of
the
whole
,
cannot
be
said
the
true
and
antient
Rent
.
3.
Resolved
,
That
the
reservation
of
the
Rent
at
two
Feasts
,
where
the
antient
Rent
was
payable
at
four
Feasts
,
made
the
Grant
and
Render
void
,
for
that
was
to
the
hurt
of
the
Issues
in
tail
,
for
it
was
more
beneficial
to
have
the
Rent
at
four
Feasts
,
then
at
two
Feasts
;
and
all
beneficial
Qualities
of
the
Rent
,
ought
to
be
observed
;
and
for
these
causes
and
others
,
the
Lease
for
years
was
to
be
avoided
by
the
Issue
in
tail
.
Knights
Case
.
333.
The
Case
was
,
a
Prior
seised
of
divers
houses
,
with
the
consent
of
his
Covent
,
made
a
lease
of
them
for
years
,
rendring
rent
of
5.
l.
10.
s.
11.
d.
at
four
usual
Feasts
,
upon
condition
that
if
the
Rent
was
behind
in
part
,
or
in
all
,
at
any
of
the
said
Feasts
,
he
and
his
Successors
to
reenter
.
The
Priory
came
to
the
King
by
surrender
:
the
King
by
his
Letters
Pattents
under
the
Great
Seal
,
granted
one
of
the
houses
to
the
Lessee
,
and
another
in
Fee
,
and
afterwards
it
was
found
by
Commission
under
the
Exchequer
Seal
,
that
parcel
of
the
said
Rent
was
behind
at
one
of
the
said
Feasts
;
the
King
before
the
Commission
returned
,
granted
the
residue
of
the
houses
to
I.
S.
in
Fee
:
It
was
resolved
in
this
case
,
(
amongst
other
things
)
That
although
without
Office
found
,
the
Lease
was
not
void
,
and
although
the
Office
was
not
returned
before
the
date
of
the
Letters
Pattents
made
to
I.
S.
yet
forasmuch
as
the
Office
was
found
before
the
Grant
,
and
afterwards
it
was
returned
of
Record
,
that
the
grant
was
good
,
and
that
in
this
case
of
Reentry
without
seisure
the
Lease
was
void
.
Owens
Case
.
334.
Upon
a
Fine
levyed
,
the
Lands
were
rendred
to
A.
and
to
his
wife
,
and
to
the
Heirs
of
the
body
of
A.
A.
suffered
a
Recovery
with
Voucher
in
the
life
of
his
wife
,
and
afterwards
died
,
the
wife
died
:
It
was
resolved
in
this
case
,
that
the
Recovery
suffered
by
the
Husband
only
,
did
not
bind
him
who
was
in
the
Remainder
,
for
betwixt
husband
and
wife
,
there
are
no
moyeties
,
and
the
joynt
estate
was
not
severed
by
the
Recovery
against
the
Husband
only
,
and
the
husband
was
not
the
only
Tenant
to
the
Praecipe
,
but
the
Recovery
as
to
the
estate
of
the
Husband
took
effect
only
by
way
of
Estoppel
,
but
it
was
no
bar
as
to
him
who
was
in
Remainder
;
and
in
this
case
it
was
said
,
That
if
Lands
be
given
to
husband
and
wife
,
and
the
heirs
of
their
two
bodies
,
and
the
Husband
alone
suffers
a
common
Recovery
,
that
the
same
should
not
bind
the
Estate
tail
,
although
the
husband
doth
survive
the
wife
.
Martin
and
Wilks
Case
.
335.
It
was
adjudged
in
this
Case
in
B.
R.
That
Land
in
Antient
Demesne
,
is
extendable
upon
a
Statute
Staple
,
or
Statute
Merchant
.
Hill.
11.
Jac.
in
t
.
C.
B.
Cox
and
Barnesbyes
Case
adjudged
accordingly
.
Wolstan
Dixies
Case
.
336.
A
seised
in
Fee
of
Lands
in
London
,
made
a
Lease
to
I.
S.
for
years
,
and
after
by
Deed
,
enrolled
in
the
Chancery
,
he
sold
the
reversion
to
Dixie
and
his
wife
,
and
afterwards
the
Rent
was
behind
,
and
he
brought
debt
against
I.
S.
The
Defendant
said
,
That
after
the
Lease
,
and
before
the
Sale
to
Dixie
,
A.
the
Lessor
by
Deed
enrolled
in
London
,
bargained
and
sold
the
Land
to
him
;
It
was
adjudged
a
forfeiture
of
the
Term
,
and
judgment
was
for
the
Plantiff
.
Rudhall
and
Milwards
Case
.
337.
Rudhall
Serjeant
at
Law
,
Cestuy
que
use
,
before
the
Statute
of
27.
H.
8.
Devised
the
use
to
C.
his
younger
Son
,
and
the
Heirs
Males
of
his
body
,
the
Remainder
to
I.
his
eldest
Son
,
and
his
Heirs
,
upon
condition
that
C.
should
not
alien
nor
discontinue
,
but
for
the
Joynture
of
his
Wife
,
and
only
for
the
life
of
such
wife
.
C.
after
the
death
of
his
Father
entred
and
levyed
a
fine
to
a
stranger
,
and
declared
the
use
to
himself
and
his
wife
,
and
to
the
Heirs
Males
of
his
own
body
,
the
Remainder
to
the
right
Heirs
of
his
Father
;
afterwards
C.
having
Issue
male
died
,
the
Wife
died
;
the
Heir
of
I.
the
eldest
Son
entred
upon
the
Lessee
:
It
was
adjudged
that
because
the
Statute
of
27.
H.
8.
gave
the
possession
in
quality
and
condition
with
the
use
,
and
also
gave
to
Cestuy
que
the
same
advantages
as
the
Feoffees
had
,
that
the
said
Heir
was
enabled
to
take
advantage
of
the
Condition
,
be
it
a
Condition
or
a
Limitation
.
The
Vis-Countess
Bindons
Case
.
338.
The
Executors
of
Viscount
Bindon
brought
Detinue
against
the
Widdow
of
the
deceased
Viscount
,
and
declared
upon
the
Detainer
of
certain
Jewels
:
The
Defendant
did
justifie
the
Detainer
of
them
,
as
her
Paraphronalia
:
It
was
agreed
in
this
Case
by
the
Chief
Baron
and
others
,
That
Paraphronalia
ought
to
be
allowed
to
a
Widdow
,
having
regard
to
her
Degree
;
and
in
this
Case
the
Husband
of
the
Defendant
being
a
Viscount
,
that
500.
Marks
,
was
but
a
good
allowance
for
such
a
matter
.
Mich.
28
Eliz.
in
Cur.
Wardor
.
Mounsons
Case
.
339.
A
Commission
in
the
Nature
of
Diem
clausit
extremum
,
after
the
death
of
Robert
Mounson
issued
to
Enquire
what
Lands
and
Tenements
he
had
the
day
of
his
death
,
of
whom
,
by
what
services
,
the
yearly
value
of
them
,
who
was
his
next
Heir
,
and
of
what
age
he
was
:
It
was
found
,
that
the
Father
of
Robert
was
seised
of
the
Mannor
of
B.
in
Fee
,
and
gave
the
same
to
Robert
in
tail
,
the
remainder
to
G.
brother
of
Robert
,
the
Remainder
to
the
right
Heirs
of
the
Father
;
That
G.
died
in
the
Life
of
Robert
,
and
Robert
died
without
Issue
,
and
that
F.
the
Son
of
G.
was
within
age
,
and
the
Lands
holden
of
the
Queen
in
Capite
,
and
that
Robert
long
before
his
death
was
seised
in
tail
of
H.
Farm
,
and
N.
and
17.
Eliz.
levied
a
Fine
to
the
use
of
himself
in
tail
,
the
Remainder
to
F.
the
Son
of
G.
in
tail
,
and
died
such
a
day
without
Issue
of
his
body
;
and
upon
this
Office
one
Mounson
the
Heir
general
,
prayed
a
new
Office
,
for
it
was
said
that
the
said
Office
was
insufficient
to
entitle
the
Queen
to
the
Wardship
of
F.
the
Son
of
G.
It
was
the
opinion
of
the
Court
,
that
the
Office
was
good
to
entitle
the
Queen
to
the
Wardship
of
F.
the
Son
of
G.
But
if
it
was
not
,
then
a
Melius
in●quirendum
should
issue
forth
,
and
not
a
New
Office
.
Branches
Case
.
340.
In
the
Case
of
a
Prohibition
;
It
was
Resolved
,
that
an
Union
of
Copyhold
Lands
,
and
of
the
Parsonage
in
the
hands
of
the
Parson
,
as
Parson
Impersonce
,
was
no
discharge
of
the
Tythes
of
the
Copyhold
Lands
;
and
in
this
Case
also
it
was
adjudged
,
That
a
Farmer
of
Lands
might
prescribe
in
modo
Decimandi
,
but
not
in
non
Decimando
.
Moor
and
Williams
Case
.
341.
Assumpsit
;
The
Case
was
;
Lessee
for
years
,
the
reversion
to
M.
the
Lessee
in
defence
of
the
Plantiffs
Title
,
spent
such
a
Sum
money
,
and
prayed
contribution
or
recompence
;
Moor
said
in
consideration
thereof
,
he
should
have
the
like
Lease
after
the
expiration
of
the
Term
,
which
Williams
the
Defendant
required
,
and
the
said
Lessor
refused
to
make
,
upon
which
Williams
brought
Assumpsit
.
Resolved
it
did
not
lie
,
because
the
Consideration
was
executed
before
the
promise
.
Stanley
and
Bakers
Case
.
342.
A
man
possessed
of
a
Lease
for
years
,
devised
the
same
to
his
eldest
Son
,
and
the
Heirs
of
his
body
,
and
if
he
died
without
issue
to
his
youngest
Son
,
and
the
heirs
of
his
body
,
and
for
want
of
such
Issue
,
that
the
Term
should
remain
to
his
Daughters
;
he
died
having
two
daughters
,
and
afterwards
another
daughter
was
born
;
The
eldest
Son
sold
the
Term
,
and
died
without
Issue
;
the
youngest
Son
died
without
Issue
;
the
three
daughters
entred
:
It
was
adjudged
they
all
three
should
have
the
Term
,
although
the
youngest
Daughter
was
not
born
at
the
time
of
the
death
of
the
Devisor
.
Owens
Case
.
343.
Tenant
in
tail
,
the
Remainder
in
tail
:
Tenant
in
tail
bargained
and
sold
to
him
and
his
Heirs
,
and
levied
a
Fine
,
which
was
not
alledged
to
be
with
Proclamation
:
It
was
adjudged
that
the
Bargainee
was
not
such
a
Grantee
of
the
Reversion
,
as
should
maintain
Wast
,
because
it
was
no
discontinuance
,
and
but
for
the
Life
of
Tenant
in
tail
.
Higham
and
Harwoods
Case
.
344.
A
man
had
houses
and
Land
,
which
had
bin
in
the
tenure
of
those
who
had
the
Houses
,
and
he
devised
his
Lands
with
the
appurtenances
:
It
was
adjudged
,
That
the
Lands
did
pass
by
the
words
,
with
the
appurtenances
,
for
that
it
was
in
a
Will
in
which
the
intent
of
the
Devisor
shall
be
observed
.
Watkins
and
Ashwels
Case
.
345.
A
seised
in
Fee
,
made
a
Feoffment
upon
condition
,
that
if
he
or
his
Heirs
,
paid
such
a
sum
such
a
day
to
reenter
:
He
died
,
his
Son
and
Heir
within
the
age
of
14.
years
:
The
Mother
of
the
Infant
,
without
the
privity
of
the
Infant
,
and
who
was
not
Guardian
in
Socage
,
in
the
name
of
the
Infant
,
tendred
the
mony
at
the
day
:
It
was
resolved
,
it
was
an
Insufficient
tender
;
otherwise
if
she
had
been
his
Guardian
in
Socage
.
Carewas
Case
.
346.
The
Abbot
of
M.
was
seised
,
and
made
a
Lease
for
years
,
De
scitu
Manerii
Rectoriae
suae
,
&
de
omnibus
aedificis
,
&c.
&
de
Decimis
eidem
pertinent
,
&
spectant
.
Habendum
dectum
scnum
cum
pertinenciis
.
The
question
was
what
estate
the
Lessee
had
in
the
Tythes
at
Will
,
or
for
years
;
It
was
the
opinion
of
Manwood
Chief
Baron
,
that
he
had
an
Estate
in
them
for
years
,
and
not
at
Will
;
for
where
several
things
are
in
a
Grant
,
and
after
the
Habendum
comes
to
limit
the
Estate
,
it
is
superfluous
to
recite
the
particular
things
in
the
Habendum
,
and
the
Tythes
being
particularly
recited
,
shall
therefore
pass
by
the
Habsndum
,
which
limits
the
Estate
for
years
.
Crops
Case
.
357
A
man
made
a
Lease
for
years
,
reserving
Rent
at
Mich.
and
the
Annunciation
,
and
if
it
be
behind
by
the
space
of
a
month
,
to
reenter
.
The
next
day
after
Mich.
the
Lessor
sent
the
Rent
by
his
Servant
to
the
house
of
the
Lessor
,
who
tendered
it
to
his
person
,
and
he
refused
it
,
and
afterwards
upon
the
last
instant
of
the
day
it
was
demanded
upon
the
Land
:
It
was
adjudged
a
good
tender
,
and
the
Lessor
could
not
enter
.
Beverley
and
the
Bishop
of
Canturburyes
Case
.
348.
A
seised
of
an
Advowson
in
gross
,
presented
K.
who
was
Inducted
:
the
Advowson
afterwards
desdended
to
B.
and
C.
Coparceners
.
B
married
I.
S.
C.
married
T.
B.
and
had
Issue
.
C.
died
,
T.
B.
the
Plantiff
being
Tenant
by
the
Curtesies
,
the
Church
became
void
by
the
deprivation
of
K.
and
because
they
could
not
agree
in
the
presentment
,
the
Clerk
of
B.
the
eldest
Sister
,
was
received
by
the
Bishop
,
which
was
since
dead
,
so
the
Plantiff
,
Tenant
by
the
Curtesie
presented
,
and
being
disturbed
,
brought
the
Writ
.
The
Incumbent
being
presented
by
the
Queen
,
pleaded
that
K.
being
inducted
,
accepted
a
second
Benefice
of
the
value
of
8.
l.
and
so
the
Church
was
void
by
the
Statute
of
21.
H.
8.
of
Pluralities
.
It
was
adjudged
for
the
Plantiff
,
for
that
the
deprivation
of
K.
and
the
Plurality
of
the
Clerk
of
the
eldest
Sister
since
dead
,
were
not
denied
after
the
acceptance
of
the
second
Benefice
.
Saunders
Case
.
349.
Information
upon
the
Statute
of
1.
E.
6.
for
landing
of
goods
at
Ratcliff
Custom
,
not
paid
nor
agreed
for
:
It
was
pleaded
in
a
Bar
A.
was
seized
of
the
Mannor
of
S.
in
Sussex
,
and
had
wreck
of
the
Sea
appertaining
to
his
Mannor
by
Prescription
;
and
that
the
Mannor
Contigue
adj●c●t
mare
altum
;
and
said
the
goods
were
wreck
,
and
cast
upon
the
land
of
the
Lord
,
and
that
he
seized
them
,
and
so
justified
.
Qu.
If
a
good
Justification
.
Morris
and
W●●bors
Case
.
350.
The
Case
in
effect
was
this
:
A
man
was
divorced
Causa
●rigiditatis
,
and
afterwards
took
another
wife
and
had
issue
;
It
was
argued
by
the
Civilians
,
and
also
by
the
Justices
,
if
the
Issue
was
Bastard
or
not
;
It
was
adjudged
that
the
Issue
by
the
second
wife
was
not
a
Bastard
;
For
that
by
the
Divorce
the
Marriage
was
dissolved
●
vinculo
Matrimonii
,
and
each
of
them
might
marry
again
:
But
admitt
that
the
second
marriage
was
voidable
,
yet
it
stands
good
till
it
be
dissolved
,
and
so
by
consequence
the
Issue
born
during
the
Coverture
,
is
a
lawful
Issue
.
Term.
Hill
.
29.
Eliz.
Fanshaws
Case
.
351.
In
Ej●ctione
firme
;
the
Case
was
shortly
thus
:
King
Henry
the
Seventh
erected
and
Founded
an
Hospital
by
the
name
of
M●ster
and
Chaplains
of
the
Hospital
of
King
Henry
the
Seventh
de
le
Savoy
:
And
afterwards
in
the
time
of
Queen
Mary
,
a
lease
was
made
of
Lands
,
parcel
of
the
Hospital
by
the
name
of
Master
of
the
Hospital
Henrici
nuper
Regis
Angliae
septim●
vocat
le
Savoy
:
and
if
it
was
a
good
Lease
or
not
was
the
Question
:
The
Case
was
first
argued
in
the
Exchequer
,
and
there
adjudged
that
the
Lease
was
void
by
the
Judgment
of
two
Barons
;
Afterwards
a
Writ
of
Error
was
brought
in
the
Exchequer
Chamber
;
there
the
Case
3.
Eliz.
was
argued
again
,
but
it
was
not
adjudged
:
but
afterwards
the
Case
was
compounded
;
but
the
better
opinion
of
the
Justices
there
seemed
to
be
,
that
it
was
a
good
Lease
,
and
that
the
words
De
le
Savoy
,
&
vocat
le
Savoy
,
were
idem
sensu
.
Crosman
and
Reads
Case
.
352.
Debt
against
the
Defendant
Executrix
of
T.
R.
her
former
husband
upon
an
Obligation
of
200.
l.
The
Defendant
pleaded
fully
administred
:
It
was
found
she
had
Asserts
to
the
value
of
80.
l.
parcel
of
the
200.
l.
and
that
the
said
T.
B.
borrowed
of
F.
R.
her
late
Husband
60.
l.
and
that
the
Defendant
being
Executrix
to
T.
B.
took
the
said
F.
R.
to
Husband
,
who
died
;
the
Court
gave
Judgment
that
the
Plantiff
should
recover
the
80.
l.
and
for
the
residue
,
in
misericordia
pro
falso
clamore
,
so
as
the
Court
conceive
the
60.
l.
was
not
Assetts
in
her
hands
.
Rous
and
Artois
Case
.
353.
A
man
was
Tenant
for
another
mans
life
of
a
Mannor
;
Cestuy
queuse
,
died
.
The
Tenant
continued
possession
of
the
Mannor
,
and
held
Courts
,
and
made
voluntary
Grants
by
Copy
:
It
was
adjudged
he
should
not
bind
the
Lord
,
for
he
was
but
Tenant
at
Sufferance
,
who
had
not
any
Interest
,
and
so
he
was
a
Disseisor
of
the
Mannor
.
Broke
and
Smiths
Case
.
354.
The
Case
was
:
Lord
and
Tenant
,
the
Tenant
levied
a
Fine
to
the
King
,
who
afterwards
gave
the
Land
Tenendum
of
the
King
by
Knights
Service
;
The
Lord
distreined
the
Patentee
for
the
Rent
and
Services
.
If
the
Seignory
was
revived
,
was
the
Question
:
It
was
conceived
it
was
,
and
that
it
was
suspended
only
for
the
time
in
the
King
:
Qu.
It
was
not
resolved
.
Knowles
and
Powels
Case
.
355.
The
Queen
seized
in
Fee
,
made
a
Lease
for
years
to
one
who
was
Out-lawed
at
the
time
of
the
Lease
made
,
and
afterwards
the
person
was
Out-lawed
again
,
and
before
seizure
came
a
generall
Pardon
of
all
goods
and
chattels
forfeited
;
In
this
Case
Resolved
,
First
,
that
a
man
Out-lawed
was
capable
of
a
Lease
from
the
Queen
,
as
a
Farmer
to
the
Queen
,
and
that
the
Pardon
with
restitution
was
sufficient
to
revive
the
Term
forfeited
:
Secondly
,
That
a
man
Outlawed
and
Pardoned
had
property
in
his
goods
.
Bonds
Case
.
356.
Bond
erected
a
Pigeon-House
upon
certain
Lands
which
he
held
in
Lease
for
years
,
the
reversion
in
the
Queen
,
being
parcel
of
her
Mannor
of
F.
in
the
County
of
S.
It
was
the
opinion
of
Manwood
Chief
Baron
and
Gent.
That
none
could
erect
a
Dove-house
but
the
Lord
of
the
Mannor
,
or
the
Parson
,
and
said
that
in
ancient
time
it
was
accounted
a
Common
Nusance
,
presentable
in
the
Leet
.
357.
Note
by
Manwood
Chief
Baron
,
where
it
is
ordained
by
the
Statute
that
for
doing
,
misdoing
,
or
not
doing
of
a
thing
,
the
Offendor
shall
forfeit
such
a
Sum
,
not
expressing
to
whom
,
there
the
forfeiture
shall
be
intended
to
be
to
the
Queen
,
unless
the
penalty
be
assessed
for
taking
Goods
,
Chattels
,
or
other
things
,
in
which
the
Subject
hath
a
Property
,
and
then
he
which
hath
the
loss
,
shall
have
the
forfeiture
.
Warrams
Case
.
358.
A
Protection
was
granted
to
him
by
the
Queen
,
and
it
was
Quod
Praerogativa
nostra
Regia
suscipimus
in
protectionem
nostram
Regiam
corpus
,
terras
&
bona
de
Warren
;
Et
nolumus
quod
inquiratur
,
neque
quod
Praerogativa
nostra
arguatur
:
The
Protection
was
disallowed
by
the
Court
,
and
it
was
said
,
That
the
Prerogative
of
the
King
,
which
tends
to
the
prejudice
of
the
Subject
,
is
not
allowble
.
Baldwine
and
Cooks
Case
.
359.
A
Lease
was
made
to
Husband
and
Wife
for
years
,
if
they
or
any
issue
of
their
body
should
so
long
live
;
one
of
them
died
having
no
Issue
.
Resolved
the
Lease
was
not
determined
,
for
it
is
to
be
taken
,
if
the
Husband
,
or
the
Wife
,
or
the
Issue
should
live
,
the
Lease
was
to
continue
.
Kernes
Case
.
360.
Debt
upon
Obligation
:
The
condition
was
,
That
if
the
Defendant
within
a
Month
after
the
decease
of
his
Mother
,
pay
to
I.
S.
20.
l.
or
20.
Kyne
at
the
Election
of
I.
S.
that
then
the
Obligation
should
be
void
.
The
Defendant
pleaded
that
the
Plantiff
did
not
shew
to
him
his
Election
which
of
the
things
he
would
have
within
the
month
;
Resolved
,
that
he
ought
to
have
shewed
his
Election
to
the
Defendant
within
convenient
time
,
before
the
expiration
of
the
month
;
for
it
shall
be
against
Reason
that
the
Defendant
shall
be
charged
to
make
provision
of
both
things
.
361.
The
Case
was
,
T.
B.
recovered
in
a
Quare
Impedit
,
and
before
he
had
Execution
,
he
was
Out-lawed
.
The
Queen
brought
a
Scire
facias
to
execute
the
Judgment
:
It
was
resolved
that
the
Scire
facias
to
execute
the
Judgment
was
well
brought
,
and
there
was
priviledge
enough
to
sue
execution
of
the
Judgment
,
because
the
thing
as
it
was
in
the
Plantiff
,
is
in
the
Queen
,
and
that
is
a
thing
in
action
,
and
therefore
it
cannot
be
a
thing
in
possession
in
the
Queen
,
and
so
she
is
not
to
present
,
but
is
to
prosecute
the
Execu●ion
of
the
Judgment
.
362.
Note
where
an
Obligation
was
taken
with
a
Condition
that
he
should
not
exercise
the
Art
and
Mystery
of
a
Black-Smith
within
such
a
Town
;
Resolved
,
the
Obligation
was
void
,
and
the
Condition
a
Condition
against
the
Law
.
Mascalls
Case
.
363.
A.
leased
an
house
to
B.
for
years
,
B.
covenanted
to
repair
the
house
,
and
that
it
should
be
lawfull
for
A.
his
Heirs
and
Assignes
to
enter
into
the
House
,
and
see
in
what
Reparations
it
stood
,
and
if
upon
view
any
default
should
be
found
,
and
thereof
warning
be
given
to
B.
his
Executors
,
&c.
then
within
four
months
after
such
warning
it
should
be
amended
:
A.
granted
the
Reversion
over
to
C.
in
Fee
,
who
upon
view
gave
warning
to
B.
which
upon
warning
was
not
repaired
;
upon
which
C.
as
Assigne
of
A.
brought
Covenant
;
it
was
said
the
Action
did
not
lye
,
because
the
house
became
ruinous
before
his
interest
in
the
Reversion
:
Resolved
the
Action
did
well
lye
,
for
it
is
not
conceived
upon
the
ruinous
Estate
of
the
house
,
but
for
the
not
repairing
within
the
time
appointed
;
and
so
it
is
not
material
at
what
time
the
house
became
ruinous
.
Caines
Case
.
364.
C.
and
his
Wife
being
Joynt-Tenants
,
the
Husband
alone
was
impleaded
,
and
made
default
:
the
Wife
prayed
to
be
received
;
it
was
the
opinion
of
the
Court
,
she
was
not
receivable
,
because
she
was
no
Party
to
the
first
Writ
;
Then
he
prayed
that
he
in
reversion
might
be
received
.
It
was
said
he
was
receivable
because
but
one
of
the
Tenants
for
life
was
impleaded
.
The
opinion
of
the
Court
,
that
he
should
be
received
;
and
might
plead
the
Joynt-Tenancy
in
abatement
of
the
Demandants
Writ
.
Purfreys
Case
.
365.
P
Leasee
of
40.
year
.
of
a
Tavern
in
London
,
leased
the
same
to
J
S
for
three
years
,
who
covenanted
and
granted
with
P.
that
from
time
to
time
he
would
keep
the
same
a
Tavern
and
sell
Wine
there
,
and
that
he
monthly
,
and
every
month
upon
request
,
would
make
an
account
to
the
Lessor
,
or
his
Assignes
,
of
all
Wines
should
be
there
uttered
or
sold
,
and
would
pay
to
the
Lessor
or
his
Assigns
,
30.
s.
for
every
Tun
of
Wine
sold
,
P.
granted
the
Interest
of
the
Reversion
of
the
Term
to
a
Stranger
,
and
afterwarda
he
demanded
an
account
,
and
the
Lessee
refused
,
upon
which
he
brought
the
action
upon
the
Bond
to
perform
Covenants
,
and
if
the
Grantor
should
give
an
account
notwithstanding
his
Assignment
;
or
the
Grantee
should
have
an
account
as
Assignee
by
the
Statute
of
32.
H.
8.
was
the
Question
,
the
Case
is
argued
but
not
resolved
.
366.
Note
by
Anderson
Chief
Justice
,
there
is
a
difference
between
general
words
infamous
,
given
to
a
private
person
,
and
when
to
a
publique
Officer
or
Magistrate
;
for
a
private
person
is
not
slandered
without
a
particular
Infamy
,
but
by
general
words
a
Magistrate
or
Officer
may
be
slandered
.
Wherefore
Resolved
,
that
these
words
spoken
of
a
private
person
,
were
not
actionable
.
viz.
Thou
shouldst
have
sit
on
the
Pillory
,
if
thou
hadst
thy
desert
.
The
Lord
Wentworths
Case
.
367.
The
Case
was
:
The
Lord
Wentworth
procured
a
Grant
of
the
Wardship
of
Withypoll
from
the
Master
of
the
Wards
,
Attorney
and
Auditor
,
and
dyed
.
The
Lord
Wentworth
his
Son
procured
a
Bill
assigned
,
and
upon
it
Letters
Pattents
within
four
months
to
be
made
to
him
,
which
Letters
Pattents
were
to
this
effect
,
That
the
Queen
had
granted
to
him
Custodiam
haeredis
&
terrae
de
Withypoll
;
Proviso
,
that
if
the
said
Withypoll
shall
die
within
age
,
not
married
,
nor
the
effect
of
his
marriage
taken
,
that
then
the
said
Lord
Wentworth
the
Son
should
have
the
Ward
,
and
marriage
of
his
Heir
▪
at
the
end
of
his
Letters
Pattent
,
there
was
a
general
Non
obstante
of
all
Statutes
,
Restrictions
,
&c.
The
Lord
agreed
with
Withypoll
for
his
Wardship
,
and
in
consideration
of
400.
l.
to
him
paid
,
did
release
to
him
the
Wardship
,
and
gave
liberty
to
him
to
marry
at
his
pleasure
;
Proviso
,
if
he
did
not
pay
1200.
l.
at
a
certain
day
,
the
Grant
should
be
void
,
before
which
day
Withypoll
died
,
his
Brother
being
his
Heir
within
age
;
and
the
Lord
Wentworth
sued
to
have
the
Wardship
of
him
,
by
his
Letters
Pattents
.
There
were
four
points
in
the
Case
.
1.
If
the
Patent
be
persuant
to
the
Statute
of
32.
H.
8.
of
Erection
of
the
Court
of
Wards
.
2.
If
this
Statute
which
enabled
the
Masters
and
Officers
of
the
Court
of
Wards
,
should
have
Authority
to
make
Sale
and
Grants
of
the
Kings
Wards
,
had
restrained
the
King
himself
,
that
he
could
not
grant
them
.
3.
If
the
general
Non
obstante
had
dispensed
with
the
Statute
in
the
two
points
aforesaid
.
The
4.
If
the
effect
of
the
marriage
shall
be
said
to
be
taken
:
This
case
was
argued
by
Cook
and
Egerton
for
the
Queen
:
and
Heale
and
Yelverton
for
the
Lord
Wentworth
:
but
the
case
was
not
resolved
,
but
adjourned
.
Ideo
Qu.
Margery
Davies
Case
.
368.
A
man
was
bound
in
Covenant
and
Obligation
upon
it
,
to
pay
to
the
three
daughters
of
a
Stranger
10.
l.
a
piece
,
at
their
several
ages
of
21.
years
;
the
party
lying
sick
made
his
Will
,
and
in
performance
of
the
Covenant
,
he
devised
to
each
of
the
Daughters
10.
l.
to
be
paid
at
their
several
ages
of
21.
years
;
One
of
the
daughters
sued
his
Executors
in
the
Spiritual
Court
for
her
Legacy
:
and
upon
suggestion
by
the
party
that
he
is
bound
to
pay
her
10.
l.
at
her
age
of
21.
years
a
Prohibition
was
granted
,
and
the
intent
of
the
Devise
was
,
that
he
should
not
be
twice
charged
.
369.
One
sued
an
Administrator
for
debt
,
upon
pleinement
administr
.
The
Jury
found
Assetts
for
part
to
the
value
and
Judgment
for
that
part
for
the
Plaintiff
,
and
that
for
the
residue
the
Defendant
eat
siae
die
,
and
now
he
brought
a
Scire
fac
.
surmising
Assetts
to
the
value
of
the
Residue
:
It
was
the
opinion
of
the
Court
that
it
did
not
lie
.
370.
Debt
upon
Obligation
,
with
condition
,
if
the
Obligor
pay
to
the
Obligee
10.
l.
or
four
Kine
such
a
day
,
at
the
then
Election
of
the
Obligee
,
the
Obligation
to
be
void
:
It
was
the
opinion
of
the
Court
,
that
the
Obligor
is
to
tender
both
at
the
day
appointed
,
by
reason
of
the
words
,
at
the
then
Election
,
which
word
then
,
shall
have
relation
to
the
day
appointed
.
371.
A
Lease
was
made
to
three
,
Habendum
to
them
for
99.
years
,
viz.
to
the
first
for
99.
years
if
he
should
so
long
live
,
and
if
he
died
to
the
Second
,
pro
residuo
termino
anaorum
tunc
ventur
,
if
he
should
so
long
live
,
and
if
he
died
within
the
Term
,
then
to
the
third
,
pro
residuo
termino
annorum
ad
tunc
ventur
.
It
was
the
opinion
of
the
Justices
,
that
it
could
not
enure
by
way
of
Remainder
,
because
there
was
not
any
Estate
in
esse
,
during
the
particular
Estate
;
Yet
they
conceived
the
Estate
of
the
second
was
good
,
because
it
did
enure
as
a
new
Grant
.
Qu.
372.
In
a
false
Imprisonment
,
against
a
Mayor
,
he
justified
;
because
he
being
a
Magistrate
,
the
Plantiff
said
,
he
was
a
Fool
:
It
was
the
opinion
of
the
Justices
,
that
if
he
called
him
Fool
in
the
place
and
exercise
of
his
Offic●
,
that
the
Imprisonment
was
lawfull
;
otherwise
not
.
Vdeson
and
the
Mayor
of
Nottinghams
Case
.
373.
Vdeson
was
in
the
custody
of
the
Mayor
,
upon
the
Statute
of
23.
H.
8.
and
he
would
not
let
him
at
liberty
upon
Sureties
;
wherefore
he
sued
by
Bill
here
,
and
and
Declared
against
the
Mayor
in
Custodia
Marischalli
,
and
recovered
by
Verdict
.
It
was
the
opinion
of
the
Justices
,
that
by
the
Statute
of
18.
Eliz.
none
should
sue
for
any
penalty
upon
a
penal
Law
,
but
by
original
Writ
or
Information
,
and
so
it
was
said
it
was
adjudged
in
the
Bayliffs
of
Bosworths
Case
.
Griffiths
Case
.
374.
It
was
was
Resolved
by
the
Justices
,
That
Error
lyeth
in
the
Kings
Bench
,
upon
a
Judgment
given
in
an
Ejectione
firmae
in
Wales
,
given
before
the
Justices
there
.
375.
A
Draper
having
a
Servant
to
sell
Clothes
in
his
shop
,
the
Servant
took
the
clothes
and
converted
them
to
his
own
use
:
It
was
adjudged
that
Trespasse
vi
&
armis
,
lyeth
only
against
the
Servant
,
because
he
had
the
possession
as
Servant
;
and
it
was
Resolved
,
That
in
all
cases
where
the
Servant
hath
not
a
speciall
nor
general
property
,
Trespasses
lyeth
.
376.
One
made
a
Lease
for
years
,
the
Lessee
devised
the
Term
to
his
wife
for
so
many
years
as
she
should
live
,
and
after
to
his
Son
,
the
Wife
purchased
the
Inheritance
,
and
sold
the
same
again
,
and
covenanted
that
it
was
discharged
of
all
Incumbrances
,
and
died
:
The
Son
claimed
the
Term
;
it
was
adjudged
,
the
possibility
to
the
Son
,
was
a
forfeiture
of
the
Covenant
and
Bond
of
the
Wife
.
Sir
Thomas
Gorges
Case
.
377.
The
Queen
seised
of
a
Mannor
,
to
which
an
Advowson
was
appendant
,
and
granted
the
Mannor
una
cum
advocatione
Ecclesiae
,
the
Church
being
then
void
;
Adjudged
the
Avoidance
did
not
pass
,
but
the
Queen
should
present
pro
hac
vice
.
378.
A
man
who
was
bound
in
a
Recognizance
for
the
good
Behavior
,
was
indicted
that
he
called
one
Pealer
,
Lier
,
Druakard
,
and
said
,
I
will
make
thee
a
poor
Kirton
,
and
also
Quare
clausam
fregit
&
averia
cepit
&
injustè
detinet
.
It
was
Resolved
by
the
Justices
in
B.
R.
That
these
were
not
words
▪
which
threaten
a
battery
of
his
Body
,
without
which
the
Recognizance
is
not
forfeited
.
379.
Debt
brought
in
the
City
of
Oxon
:
The
Defendant
pleaded
that
he
was
one
of
the
Barons
of
the
Cinque
Ports
within
the
County
of
Kent
,
and
pleaded
to
the
Jurisdiction
of
the
Court
:
upon
which
the
Plaintiff
demurred
.
Qu.
If
a
good
Plea
.
It
was
not
Resolved
.
Hayward
and
Bettesworths
Case
.
380.
Replevin
:
the
Defendant
avowed
for
Rent
;
the
Case
was
,
The
Father
was
seised
in
Fee
,
and
let
the
Land
to
the
Plaintiff
for
years
rendring
Rent
,
and
afterwards
he
infeoffed
a
Stranger
▪
and
executed
livery
upon
parcel
of
the
Land
in
a
Close
called
D.
the
Lessee
nor
any
of
his
Cattel
being
there
,
but
being
in
the
house
.
It
was
adjudged
that
nothing
passed
by
the
Livery
,
but
that
the
reversion
of
the
whole
descended
,
and
therefore
it
was
adjudged
for
the
Avowant
.
Pigott
,
Palmers
and
Grangers
Case
.
381.
The
Case
was
,
A.
was
seised
of
Land
,
which
he
intended
to
sell
to
the
Father
for
160.
l.
of
which
140.
l.
was
paid
by
G.
in
consideration
of
the
Marriage
of
Pigott
with
the
daughter
of
Granger
,
and
that
the
Land
shall
be
conveyed
for
the
Joynture
of
the
daughter
,
and
the
Heirs
Males
of
their
Bodies
;
they
intermaried
and
had
Issue
,
the
Plaintiff
Pigot
died
,
the
wife
took
Husband
Palmer
the
Defendant
,
and
they
accepted
a
Fine
of
a
Stranger
,
with
a
render
to
the
Stranger
for
100.
years
,
rendering
the
ancient
rent
,
the
wife
died
.
It
was
resolved
,
that
the
taking
of
the
Conveyance
with
the
render
for
100.
years
,
made
the
Estate
of
the
wife
void
,
by
the
Statute
of
11.
H.
7.
Zouth
and
Bamfields
Case
.
382.
In
a
Formedon
in
the
Discender
brought
of
the
Moiety
of
a
Mannor
;
The
Defendant
pleaded
in
Bar
,
that
the
Grandfather
of
the
Demandant
levied
a
Fine
,
sur
Conusance
de
droit
,
&c.
with
Proclamation
of
the
moiety
of
the
said
Mannor
,
by
which
Fine
it
was
granted
and
rendered
to
the
Grandfather
and
his
Heirs
,
whose
estate
the
Tenant
in
the
Formedon
had
.
The
Defendant
replyed
,
that
at
the
time
of
the
Fine
levyed
,
and
after
the
Demandant
was
seised
of
the
Land
in
his
Demesne
as
of
Fee
:
It
was
Resolved
,
That
the
Defendant
being
Heir
in
tail
against
such
Fine
levyed
by
his
Ancestor
,
whose
Heir
he
is
,
was
estopped
to
aver
his
seisin
and
continuance
thereof
as
a
stranger
at
the
time
of
the
Fine
levyed
;
Nor
to
add
,
Quod
partes
finis
nihil
habuerunt
.
Against
which
it
was
objected
;
1.
That
by
the
Statute
of
Donis
,
It
is
provided
,
Quod
finis
ipso
jure
sit
nullus
.
2.
That
the
Statute
of
27.
E.
1.
of
Fines
doth
not
extend
to
Heirs
in
tail
,
but
to
Heirs
in
Fee
,
and
that
the
Issues
in
tail
are
not
bound
by
Fines
which
enure
by
way
of
Estoppel
.
3.
That
the
Statute
of
Fines
extends
to
Fines
ritè
Levatis
,
and
that
a
Fine
is
not
ritè
Levatus
,
when
partes
finis
nihil
habuerunt
.
To
all
which
it
was
Answered
and
Resolved
,
That
the
Issue
in
tail
is
not
excepted
in
those
Statutes
,
and
therefore
is
bound
by
the
very
Letter
of
the
Acts
2.
Although
the
Issue
in
tail
was
not
bound
by
any
Fine
by
his
Ancestors
untill
4.
H.
7.
yet
in
such
Case
he
was
ousted
to
add
,
Quod
partes
finis
nihil
habuerunt
,
being
privy
as
Heir
to
him
who
levyed
the
Fine
first
,
3.
That
a
Fine
may
be
said
ritè
Levatus
,
although
partes
finis
nihil
habuerunt
,
and
it
may
be
ritè
Levatus
,
although
it
be
a
Fine
meerly
by
Conclusion
.
Elmer
and
Goales
Case
.
383.
In
Ejectione
firmae
,
the
Case
was
:
The
Abbot
of
West
.
was
seised
,
and
let
the
Lands
for
60.
years
to
a
Stranger
;
the
Abby
was
dissolved
,
and
King
Henry
8.
united
it
to
the
Bishoprick
of
London
,
The
Bishop
12.
Eliz
made
a
Lease
for
three
Lives
,
the
Lease
for
60.
being
in
being
for
16.
years
,
which
Lease
was
confirmed
by
the
Dean
and
Chapter
,
the
Lease
for
60.
years
expired
;
the
Lessees
for
three
Lives
entred
and
were
seised
,
untill
the
Bishop
entred
upon
them
,
and
made
the
Lease
upon
which
the
Action
was
brought
;
The
point
was
,
if
the
Lease
for
three
Lives
were
good
;
It
was
Resolved
,
it
was
good
,
and
stood
good
,
because
the
Statute
of
●
.
Eliz.
which
made
Bishops
Leases
was
not
pleaded
,
and
the
Statute
being
a
private
Act
of
Parliament
,
the
Judges
were
not
to
take
n●tice
of
it
,
if
it
were
not
pleaded
.
Butler
and
Babers
Case
.
384.
The
Case
was
;
A.
seised
of
the
Mannor
of
Toby
in
Fee
,
and
A.
and
his
wife
seised
of
the
Mannor
of
Hinton
to
them
and
the
Heirs
of
their
bodies
,
the
Reversion
to
A.
in
Fee
:
Toby
amounting
to
the
value
of
two
parts
,
and
Hinton
to
the
third
part
,
both
holden
in
capite
.
A.
by
his
Will
devised
the
Mannor
of
Toby
to
his
Wife
for
life
,
upon
consideration
that
she
should
not
take
her
former
Joynture
in
Hinton
,
with
divers
remainders
over
;
the
Wife
in
pais
disclaimed
and
waved
her
Estate
in
Hinton
,
and
agreed
to
the
Mannor
of
Toby
,
and
entred
upon
it
;
and
if
the
Devise
was
good
for
the
whole
Mannor
of
Toby
,
or
for
two
parts
only
,
was
the
Question
▪
It
was
Resolved
in
this
Case
by
the
greater
part
of
the
Justices
upon
argument
in
the
Exchequer
Chamber
,
that
the
waving
of
the
Joynture
by
the
Wife
,
made
an
immediate
discent
by
Relation
to
the
Heir
,
and
that
the
Devisor
was
not
such
a
person
having
Lands
,
as
could
dispose
of
it
according
to
the
Statute
;
and
in
this
Case
it
was
agreed
by
the
Justices
,
That
if
one
deviseth
Land
in
which
he
hath
nothing
,
and
afterwards
he
purchaseth
the
lands
,
that
the
same
is
not
a
good
Devise
within
the
Statute
of
Wills
,
because
he
is
not
a
person
having
,
&c.
Priscot
and
Chamberlains
Case
.
385.
In
a
Replevin
:
the
Case
was
;
Tenant
for
Life
,
the
Remainder
in
Tail
,
j●yned
in
a
Lease
for
years
;
afterwards
he
in
the
Remainder
,
in
the
life
of
Tenant
for
life
,
suffered
a
Common
Recovery
,
the
Recoverers
sued
execution
upon
the
Lessee
for
years
,
and
afterwards
enfeoffed
Lincoln
Colledge
in
Oxon
,
to
whom
the
Son
and
Heir
of
the
Tenant
in
Tail
,
in
the
life
of
his
Father
,
released
with
Warranty
:
the
Lessee
for
years
reentred
;
the
Tenant
for
Life
,
and
he
in
the
Remainder
in
Tail
,
both
died
;
the
Son
of
the
Tenant
in
Tail
had
issue
,
who
by
his
Bayliff
distreined
the
Chattel
of
the
Lessse
for
years
,
as
damage
Feasants
upon
the
Land
,
and
he
brought
a
Replevin
.
The
point
was
,
if
by
the
common
Recovery
,
o●
the
Release
of
the
Issue
in
tail
,
with
Warranty
,
the
tail
was
barred
:
It
was
agreed
by
all
the
Justices
,
that
the
Issue
in
tail
was
not
bar●d
by
the
Recovery
,
nor
by
the
Warranty
;
but
whether
he
should
avoid
this
Recovery
in
this
Action
,
being
a
possessarie
Action
,
or
put
to
a
rent
Suit
,
was
the
doubt
;
wh●ch
was
not
resolved
;
The
Case
was
adjourned
.
Hennage
and
Curtes
Case
.
386.
Trespass
for
breaking
his
Close
in
Hainton
:
The
Defendant
justified
that
there
was
a
Foot
way
leading
through
the
said
Close
from
Ha●mon
to
the
Foot-way
of
Horn-Castle
,
for
all
persons
travelling
from
Hainton
to
Horn-Castle
;
they
were
at
Issue
upon
the
Prescription
;
and
because
the
Venire
was
de
Hainton
only
,
whereas
it
ought
to
have
bin
from
Hainton
and
Horn-Castle
;
It
was
said
that
the
Tryal
was
erroneous
,
and
the
Judgment
was
reversed
.
Bonnet
,
Halsey
and
others
.
387.
The
Plaintiff
was
taken
in
Execution
at
the
Defendants
Suit
by
the
Sheriff
of
B.
and
by
an
Habeas
Corpus
,
he
was
brought
to
Smithfield
by
the
Goaler
of
B.
and
there
at
Eight
of
the
Clock
of
night
,
the
Prisoner
went
into
Southwark
,
and
there
continued
all
night
,
and
the
next
morning
he
returned
to
Smithfield
to
his
Keeper
,
and
there
continued
with
him
till
the
return
of
the
Writ
,
at
which
day
he
brought
him
to
the
Lord
Chief
Justices
Chamber
at
Serjeants-Inn
,
and
he
returned
his
Writ
,
and
the
Chief
Justice
committed
him
to
the
Marshalsey
:
It
was
judged
it
was
no
Escape
in
the
Sheriff
,
and
adjudged
upon
an
Audita
Querela
,
brought
by
the
Plaintiff
for
the
Defendants
.
Wray
,
Street
,
and
Coopers
Case
.
388.
The
Prior
of
M.
was
seised
of
three
Messuages
in
the
Borough
of
Southwark
,
and
held
them
of
the
Bishop
of
Canterbury
,
as
of
his
Borough
of
Southwark
.
The
Priory
came
to
King
Henry
8.
by
surrender
;
Afterwards
the
Bishop
gave
the
Burgage
to
the
King
,
which
Gift
was
confirmed
by
the
Dean
and
Chapter
.
The
King
anno
36.
gave
the
said
three
Messuages
and
others
to
C.
and
D.
Tenendum
libero
Burgagio
by
Fealty
only
,
and
not
in
Capite
,
and
C.
and
D.
gave
the
Messuages
to
W.
and
his
Wife
;
W.
died
,
his
Wife
survived
.
King
Edward
6.
gave
Totam
Burgagiam
de
Southwark
to
the
Mayor
and
Burgesses
of
London
.
In
the
time
of
Queen
Mary
the
Wife
W.
dyed
,
by
which
the
Messuages
escheated
.
Queen
Mary
gave
them
to
one
who
gave
them
to
A.
who
gave
them
to
the
Defendants
.
The
Mayor
and
Burgesses
of
London
entred
:
The
Question
was
,
if
the
Tenure
should
be
in
Capite
,
or
in
Burgage
;
and
if
they
passed
to
the
Mayor
and
Burgesses
by
the
Grant
of
Edw.
6.
of
Totam
Burgagiam
de
Southwark
:
It
was
adjudged
against
the
Mayor
and
Burgesses
of
London
,
because
there
could
not
be
several
Tenure
fo●
these
parcels
,
Tenendum
ut
de
Burgo
,
and
another
Tenure
for
the
Residue
of
the
Lands
in
other
places
,
which
could
not
be
holden
de
Burgo
;
and
also
because
the
Patent
having
two
intents
,
the
bes●
shall
be
taken
for
the
King
.
Pasch.
30.
Eliz.
The
Queen
and
Bishop
of
Lincolns
Case
.
389.
Quare
Imp.
The
Case
was
:
The
Bish.
of
Lincoln
Patron
and
Ordinary
collated
to
a
Benefice
in
8.
Eliz.
The
Incumbent
took
another
Benefice
without
Qualification
,
by
which
the
first
was
void
:
The
Successor
Bishop
18.
Eliz.
presented
one
E.
but
non
constat
,
if
by
avoidance
,
death
or
resignation
:
E.
being
in
,
the
Bishop
was
removed
to
Winchester
.
The
Bishop
that
then
was
,
certified
that
E.
did
not
pay
his
Tenths
,
upon
which
the
Church
was
void
,
and
the
Bishop
collated
I.
S.
to
the
Church
.
The
Question
was
,
if
the
Queen
might
now
avoid
the
Incumbent
,
to
have
her
presentment
,
which
accrued
to
her
upon
the
avoidance
of
the
first
Incumbent
,
who
took
a
second
Benefice
without
Qualification
.
The
Justices
at
the
first
doubted
it
,
but
afterwards
this
Term
,
it
was
adjudged
for
the
Queen
against
the
Bishop
.
390.
Three
bound
themselves
in
an
Obligation
by
these
words
,
Obligamus
nos
&
quemlibet
nostrum
conjunctim
:
the
Obligor
brought
debt
against
one
of
them
;
It
was
the
opinion
of
the
Justices
it
did
not
lie
,
and
that
the
words
Et
quemlibet
eorum
did
not
make
it
several
.
391.
The
custom
of
Kent
is
,
that
the
Wife
shall
be
endowed
of
the
Moiety
of
Gavelkind
land
,
and
shall
lose
her
Dowry
if
she
marry
again
:
It
was
the
opinion
of
the
Justices
,
that
she
had
not
Election
to
be
endowed
of
the
third
part
at
the
Common
Law
,
but
was
tied
to
the
Custom
.
Stampe
and
Hutchyns
Case
.
392.
It
was
Resolved
,
That
if
an
Executor
gives
his
own
Bond
for
mony
which
his
Testator
was
bound
to
pay
by
Bond
,
and
so
redeems
the
Bond
of
his
Testator
,
that
he
may
retain
so
much
money
in
his
hands
,
as
if
he
had
paid
the
mony
in
facto
.
Gorges
Case
.
393.
One
called
another
Cousening
Knave
,
and
said
,
He
had
cousened
him
:
Adjudged
the
words
not
actionable
.
394.
It
was
Resolved
;
That
if
one
who
hath
a
Benefice
,
takes
a
Prebendary
,
that
the
same
is
not
an
avoidance
of
his
first
Benefice
within
21.
H.
8.
The
Lady
Greshams
Case
.
395.
Sir
Thomas
Gresham
seised
in
Fee
of
the
Mannors
of
M.
and
C.
in
the
County
of
N.
12.
Eliz.
levied
a
Fine
thereof
to
the
use
of
himself
,
and
the
Lady
Ann
his
wife
,
To
B.
and
C.
with
power
of
Revocation
,
that
if
Sir
Thomas
should
pay
10.
s.
to
B.
and
C.
or
the
Heirs
of
B.
then
the
same
to
be
to
the
use
of
Sir
Thomas
and
his
Heirs
.
In
13.
Eliz.
he
levied
another
Fine
to
the
said
Conusees
of
the
Mannors
of
N.
and
F.
to
the
same
uses
declared
by
another
pair
of
Indentures
,
with
the
like
payment
of
10.
s.
B.
dyed
,
Sir
Thomas
paid
one
Sum
of
20.
s.
to
C.
in
Revocation
of
the
uses
raised
upon
both
the
Fines
;
and
after
he
raised
divers
uses
and
estates
of
divers
Mannors
holden
in
capite
,
without
license
of
Alienation
,
and
died
.
It
was
in
this
Case
amongst
other
things
Resolved
,
That
the
uses
were
not
revoked
,
but
that
the
revocation
was
void
,
because
two
several
sums
of
10.
s.
ought
to
have
bin
rendred
,
and
not
one
sum
of
20.
s.
for
they
were
several
Indentures
,
and
several
Mannors
,
and
could
not
be
satisfied
with
one
Sum
;
for
which
cause
all
the
Mannors
came
to
the
Lady
by
Survivor
,
and
that
there
was
no
Fine
due
to
the
Queen
upon
his
alienation
without
License
.
The
Queen
and
Palmors
Case
.
396.
In
Intrusion
;
the
Case
was
;
R.
Bishop
of
Chichester
having
the
Wardship
of
one
I.
D.
12.
E.
2.
devised
by
his
Will
,
that
his
Executor
should
sell
the
Wardship
,
and
with
the
money
purchase
Land
,
with
which
should
be
sustained
three
Priests
to
sing
Mass
,
each
to
have
six
Marks
,
and
if
he
could
not
purchase
so
much
as
to
find
the
three
Priests
,
then
he
should
find
two
.
The
Bishop
died
;
his
Executors
purchased
Land
,
and
gave
the
same
Deo
&
Ecclesiae
de
Chichester
,
so
as
he
and
his
Successors
should
have
the
Issues
and
profits
thereof
for
the
sustentation
of
2.
Priests
,
whereof
each
to
have
4.
l.
per
an
.
and
the
Prebends
of
the
said
Church
have
always
made
Leases
of
the
Land
,
and
sustained
the
Priests
as
aforesaid
,
till
the
Statute
of
d●ssolution
of
Chaunteries
;
and
the
Defendant
said
he
was
in
by
the
Lease
of
the
Prebends
,
and
traversed
the
Int●usion
.
The
1.
point
was
,
if
by
the
Statute
of
1.
E.
6.
of
Chaunteries
,
the
stipend
of
8.
l.
given
for
the
sustenance
of
the
Priests
,
or
the
Land
was
given
to
the
Queen
.
2.
If
by
the
Proviso
of
the
Statute
,
the
Land
and
the
Rent
in
the
Land
only
,
or
nothing
be
saved
.
It
was
said
by
Anderson
Chief
Justice
that
where
a
Gift
is
made
to
sustain
poor
Men
and
Mass-Priests
,
without
limitting
a
certain
quantity
,
how
much
to
one
use
,
and
how
much
to
the
other
use
,
there
the
Queen
should
have
the
whole
Land
:
but
if
the
quantity
was
appointed
as
to
one
use
,
and
how
much
to
another
use
,
there
the
Land
is
not
forfeited
,
but
only
so
much
as
is
employed
to
the
superfluous
uses
.
Qu.
The
Case
was
Adjourned
and
not
Resolved
.
Slywight
and
Pages
Case
.
397.
In
an
Information
upon
the
Statute
of
32
H.
8.
for
buying
of
Titles
:
The
Case
was
,
The
Plaintiff
being
Dissisee
of
Lands
,
made
a
Lease
by
Indenture
,
being
out
of
the
Land
to
try
his
Title
.
It
was
a
doubt
if
this
Lease
by
Estoppel
and
not
in
Interest
was
within
the
Statute
.
It
was
adjudged
it
was
,
and
was
Maintenance
,
although
the
Lease
was
made
to
his
Brother
in
Law
.
Fisher
and
Boyes
Case
.
398.
A
Colledge
in
Oxford
was
incorporated
by
the
Name
of
Gardiani
&
Schola
ium
Domus
sive
Collegii
Scholarium
de
Merton
de
Vaiver
●tate
Oxoniae
,
and
they
made
a
Lease
of
the
Lands
of
Custos
Domus
sive
Colleg●
de
Merton
&
Schol●res
ejuidem
Domus
in
Oxonia
:
It
was
adjudged
that
the
variance
was
not
material
,
but
they
did
agree
in
substance
,
and
the
Lease
was
good
.
The
Countess
of
Rutlands
Case
.
399.
It
was
holden
by
the
Court
in
this
Case
▪
That
Executors
may
have
,
and
maintain
Trover
and
Conversion
,
upon
a
Trover
and
Conversion
in
the
Life
of
the
Testator
;
but
then
in
the
Action
the
day
of
the
Conversion
,
and
the
place
of
the
Conversion
,
are
to
be
alledged
.
Bond
and
Richardsons
Case
.
400.
Debt
upon
Obligation
;
the
Condition
was
,
If
the
Defendant
pay
20.
l.
the
7.
day
of
May
1558.
at
the
house
of
the
Defendant
in
Southwark
,
that
then
,
&c.
It
was
found
by
verdict
that
the
Defendant
paid
the
20.
l.
before
the
7.
day
of
May
,
at
the
house
of
the
Defendant
in
Southwark
,
but
not
solvit
in
the
7.
day
of
May
,
It
was
adjudged
a
good
payment
.
Leversage
and
Cabbells
Case
.
401.
Ejectione
firme
;
The
Case
was
;
A.
made
a
Lease
to
B.
C.
and
D.
by
Indenture
,
to
have
and
hold
to
them
for
their
Lives
;
Proviso
,
and
it
is
covenanted
and
agreed
betwixt
them
,
That
the
Second
shall
not
occupy
the
Lands
during
the
Life
of
the
first
,
and
the
third
not
occupy
,
during
the
Life
of
the
Second
;
The
first
occupied
all
and
died
;
the
third
entred
and
made
the
Lease
.
It
was
adjudged
,
That
by
the
Premises
of
the
deed
,
the
parties
to
whom
the
Land
was
devised
being
expressed
,
and
in
the
Habendum
,
the
Estate
being
limitted
as
the
Office
of
the
Habendum
is
,
That
the
Proviso
that
cometh
after
should
not
avoid
it
;
and
therefore
Resolved
that
it
was
a
joynt
Estate
,
and
that
the
Proviso
should
not
sever
it
.
Hudson
and
Lees
Case
.
402.
In
Appeal
of
Maihem
;
The
Defendant
pleaded
that
the
Plaintiff
had
brought
an
Action
of
Battery
,
and
recovered
therein
for
the
same
Battery
and
Wounding
,
upon
which
the
Appeal
was
brought
;
and
it
was
adjudged
a
good
and
sufficient
Plea
in
Bar.
Lee
and
Lees
Case
.
403.
A.
had
three
Sons
,
F.
I.
and
G.
he
devised
his
Land
to
I.
for
21.
years
,
to
the
intent
to
perform
his
Will
,
and
pay
his
Debts
,
and
he
made
him
his
Executor
,
and
if
I
dyed
within
the
Term
,
then
G.
to
have
the
like
Term
as
I.
had
,
and
G.
then
also
should
be
his
Executor
,
and
devised
the
Land
to
F.
in
tail
,
the
remainder
to
I.
in
tail
,
the
remainder
to
G.
I.
entred
;
F.
died
without
Issue
,
I.
had
●ssue
P.
the
Defendant
,
and
died
within
the
Term
:
It
was
the
opinion
of
the
Court
,
That
if
Land
be
devised
for
years
to
one
,
and
if
he
die
within
the
Term
,
that
another
shall
have
the
residue
of
the
years
,
that
no
Act
of
the
first
can
prejudice
the
Remainder
of
the
second
:
but
otherwise
if
one
who
hath
a
Term
deviseth
his
Term
,
with
such
a
Remainder
,
and
a
difference
taken
between
a
devise
of
the
Term
,
and
a
devise
of
the
Land
.
Beverley
and
Cornwells
Case
.
404.
Note
,
in
this
Case
;
which
Case
vide
before
,
That
if
any
Advowson
comes
to
the
Queen
for
forfeiture
by
Outlawry
,
and
the
Church
becomes
void
,
and
the
Queen
presents
,
and
then
the
Outlawry
is
reversed
for
Error
,
yet
the
Queen
shall
enjoy
the
Presentment
,
because
it
came
to
the
Queen
as
a
profit
of
the
Advowson
;
but
if
the
Church
be
void
at
the
time
of
the
Outlawry
,
and
the
Presentment
is
forfeited
as
a
Chattel
principal
and
distinct
,
and
then
the
Outlawrie
is
reversed
,
the
party
shall
have
restitution
of
the
presentment
.
More
and
Hales
Case
.
405.
The
Case
was
;
A
Vicar
let
his
Viccarage
,
and
all
his
Glebes
and
Tythes
to
I.
S.
for
21.
years
,
rendring
22.
l.
rent
to
him
and
his
Successors
,
which
Lease
was
confirmed
by
the
Patron
,
Dean
,
and
Chapter
;
the
Lessee
assigned
over
his
Term
to
the
Plaintiff
,
and
averred
the
Rent
was
the
usual
Rent
.
The
Plaintiff
devised
the
Viccarage
to
the
Defendant
,
rendring
30.
l.
per
an
.
and
for
not
payment
of
15.
l.
half
a
years
Rent
brought
debt
.
The
Defendant
pleaded
the
Statute
of
13
Eliz
that
no
Lease
of
a
Benefice
with
Cure
should
continue
longer
then
the
Lessor
should
be
resident
serving
the
Cure
,
without
absence
80.
days
,
and
averred
the
Viccarage
was
a
Benefice
with
Cure
,
and
that
before
the
Rent
day
the
Lessor
died
,
and
that
I.
R.
was
made
Vicar
:
Whether
the
Lease
was
void
,
the
Court
was
now
divided
in
opinion
:
But
vide
in
Cro.
3.
part
131.
It
was
Resolved
that
in
this
Case
the
Lease
was
void
by
the
death
of
the
Lessor
.
Page
and
Griffiths
Case
.
406.
Ejectione
firme
;
the
Case
was
,
Lessee
for
Life
bargained
and
sold
the
Land
to
one
and
his
Heirs
,
and
afterwards
14.
Eliz
he
suffered
a
Recovery
thereof
to
the
use
of
the
Bargainer
:
It
was
adjudged
,
that
the
suffering
of
the
Recovery
was
a
forfeiture
.
Spitle
and
Davies
Case
.
407.
A
man
devised
Lands
to
his
youngest
Sons
,
Proviso
,
If
his
Sons
o●
any
of
their
Issues
,
devise
any
of
the
Lands
before
their
age
of
30.
years
,
then
the
others
shall
have
the
Estate
;
the
eldest
Son
made
a
Lease
thereof
before
his
age
of
30
years
;
the
youngest
Son
entred
,
and
before
●he
30.
years
ended
aliened
the
Land
,
the
eldest
Son
entred
:
Resolved
,
1.
It
was
a
Limitation
.
2.
That
when
the
younger
Brother
hath
once
entred
for
the
Alienation
,
then
the
Land
is
discharged
of
the
Limitation
.
Vide
Owens
Rep.
8.
the
same
Case
.
Ever
and
As●ons
Case
.
408.
The
Custom
of
a
Mannor
was
,
That
if
any
man
had
a
Wife
who
was
a
Copyholder
in
the
Fee
of
the
Mannor
,
and
had
Issue
by
her
,
that
he
should
be
Tenant
by
the
Curtesie
of
the
Land
:
It
was
found
that
A.
a
Copyhold
was
seised
,
and
had
●ssue
a
Daughter
,
who
was
married
to
I.
S.
who
had
Issue
;
A.
died
,
his
Wife
entred
,
the
Wife
died
before
admittance
.
The
points
were
.
1.
If
Ejectione
firme
did
lie
upon
a
Lease
made
by
Copyholder
.
2.
If
by
the
entry
of
the
Husband
without
admittance
of
the
Wife
,
he
should
be
Tenant
by
the
Curtesie
;
The
Court
doubted
of
the
first
point
,
but
for
the
second
were
of
opinion
that
the
Husband
was
well
entituled
to
be
Tenant
by
the
Curtesie
before
admittance
of
the
Wife
,
and
the
delay
of
the
admittance
by
the
Lord
should
not
prejudice
the
husband
,
being
a
third
person
.
Bewacorn
and
Caters
Case
.
409.
Sir
Ralp●
Rowlet
possessed
of
a
Term
of
years
devised
the
same
to
Sir
Robert
Cutlin
Lord
Chief
Justice
during
his
Life
,
and
after
to
a
strarger
,
and
made
the
said
Sir
Robert
,
with
the
Lord
Keeper
and
others
his
Executors
,
and
died
.
The
Executors
writ
their
Letter
,
and
annexed
the
Will
unto
it
to
Doctor
Dlae
,
praying
that
because
they
could
not
attend
the
Execution
of
the
Will
,
that
he
would
condition
the
Administration
to
I.
S.
which
he
did
so
,
reciting
in
his
Register
,
Quia
Executores
distulerunt
&
adhuc
differunt
executionem
Testamenti
.
Afterwards
Sir
Robert
without
assent
of
the
Administration
,
entred
into
the
Term
and
devised
it
;
The
point
was
,
if
the
Letters
so
written
was
a
Refusal
of
the
Executorship
:
It
was
Resolved
by
the
Justices
,
after
the
Case
had
been
argued
by
the
Civilians
in
Court
,
that
it
was
a
Refusal
of
the
Executorship
.
Osborn
and
Gameones
Case
.
410.
The
Case
was
;
I.
levyed
a
Fine
of
48
●
.
8.
d.
Rent
charged
in
W.
to
I.
S.
and
his
Heirs
,
and
the
use
was
to
such
persons
as
I.
S.
should
declare
,
who
afterwards
declared
the
use
to
I.
D.
and
his
Heirs
,
and
the
Defendant
in
a
Replevin
avowed
as
Bayliff
of
I.
D.
It
was
demurred
unto
because
he
did
not
shew
any
Attornment
:
The
Question
was
,
If
Cestuy
que
use
of
a
Rent
in
esse
grant
a
Rent
by
Fine
after
27.
H.
8.
might
avow
without
attornment
.
Quaere
,
not
Resolved
.
Ognell
and
Pastons
Case
.
411.
In
Debt
in
the
Exchequer
;
The
Case
was
:
W.
and
F.
acknowledged
a
Recognisance
of
200.
l.
in
the
Chancery
to
the
Plaintiff
for
payment
of
mony
at
a
day
to
come
,
they
failing
,
upon
two
Scire
facias
issued
,
and
nibil
returned
,
a
Levari
fac
.
issued
to
the
Sheriff
of
N.
and
afterwards
a
Capias
ad
satisfaciendum
to
the
Defendant
,
the
Sheriff
who
arrested
W.
the
said
W.
being
then
in
his
Custody
upon
an
Indictment
of
Felony
,
who
after
upon
his
arraignment
was
found
Guilty
of
the
Felony
,
and
afterwards
he
escaped
,
being
let
at
large
.
The
points
were
,
First
if
a
Capias
did
lie
upon
a
Recognisance
in
Chancery
,
Second
if
it
did
not
lie
,
yet
if
it
was
void
or
voidable
:
Third
if
the
Conviction
of
Felony
had
discharged
the
Execution
:
Resolved
,
That
if
the
Chancery
had
consideration
of
the
Cause
,
and
they
do
award
an
Erroneous
Process
or
Misaward
a
Capias
,
by
which
the
party
is
taken
in
Execution
,
yet
it
is
a
lawfull
Execution
,
and
the
Sheriff
is
chargeable
with
the
Escape
,
and
he
is
not
to
examine
the
Error
of
the
Court
in
avoiding
the
Execution
.
Second
that
the
Conviction
of
the
Felony
was
no
discharge
of
the
parties
Execution
,
and
it
was
adjudged
against
the
Defendant
.
412.
Debt
brought
in
Co.
B.
for
an
Amercement
in
a
Court
Baron
,
the
Defendant
would
have
wa●ed
his
Law
;
the
Court
doubted
of
it
,
and
some
Presidents
were
shewed
,
as
Trin.
6.
Eliz.
Tindal
and
Tuckers
Case
,
that
he
might
in
such
Case
wage
his
Law
.
Quare
.
The
Queen
,
Bishop
of
Lincoln
,
and
Skiffings
Case
.
413.
Quare
Imp.
The
Case
was
,
the
Countess
of
Kent
had
two
Chaplains
by
Patent
,
a
third
had
no
Patent
of
Chaplainship
,
but
he
was
first
Retained
,
and
took
two
Benefices
by
Dispensation
:
It
was
adjudged
,
he
was
Lawful
Chaplain
,
for
the
Patent
is
not
of
necessity
,
but
only
in
Case
where
he
hath
Cause
to
shew
it
,
and
he
hath
no
cause
to
shew
it
,
because
her
Retainer
was
good
without
a
Patent
.
B●rd
and
Adams
Case
.
414.
In
this
Case
,
a
Case
of
a
Prohibition
to
stay
a
Suit
in
the
Spiritual
Court
,
for
Tythes
of
the
Rakings
of
Lands
,
after
the
Crop
of
corn
was
carried
away
:
It
was
holden
,
That
the
prohibition
would
not
lye
,
but
that
Tythes
should
be
paid
of
Rakings
:
But
vide
42.
Eliz.
in
B.
R.
in
Gree
and
Haales
Case
:
It
was
adjudged
that
by
the
Custom
of
the
Realm
,
Tythes
should
not
be
paid
of
Rakings
.
Battey
and
Trevillions
Case
.
415.
Replevin
:
The
Defendant
avowed
,
That
I.
and
A.
his
Wife
were
seised
in
Fee
in
the
right
of
his
Wife
,
and
devised
the
Land
,
in
which
to
I.
H
and
I.
his
Wife
,
with
E.
their
Daughter
for
60.
years
,
rendring
four
Marks
Rent
.
Afterwards
38.
H.
8.
I.
and
A.
his
Wife
levyed
a
Fine
,
and
the
Conusees
rendred
the
Land
to
A.
for
Life
,
the
remainder
to
Tho.
their
Son
in
tail
,
with
remainder
over
.
A.
died
,
Tho.
entred
upon
the
Lessees
,
and
made
a
Feoffment
to
I.
D.
and
others
to
perform
his
Will
,
the
Lessees
reentred
;
Tho.
7.
Eliz.
by
his
Will
ordained
that
his
Feoffees
should
stand
seised
untill
they
had
levied
sufficient
to
pay
his
debts
and
Legacies
,
which
were
not
payed
,
and
therefore
the
Defendant
as
Bayliff
to
the
Feoffees
,
made
conusance
,
and
as
to
the
rest
he
avowed
,
for
that
Tho.
was
seised
in
Fee
of
the
place
in
which
&c.
and
6
Eliz.
devised
the
same
to
H.
L.
and
M
for
Life
,
rendring
30.
s.
Rent
,
and
afterwards
entred
upon
the
Leslees
,
and
levyed
a
Fine
thereof
to
the
use
of
himself
in
Fee
;
and
afterwards
infeoffed
thereof
the
first
Feoffees
to
the
use
of
his
Will
;
the
Lessees
reentred
,
and
he
made
his
Will
as
above
,
and
died
,
and
for
3.
l.
rent
for
two
years
he
made
conusance
as
Bayliff
to
the
surviving
Feoffees
:
The
Plantiff
to
the
first
Avowry
said
,
that
Tho.
was
seised
in
Tail
by
the
render
of
the
Fine
,
and
the
tail
descended
to
H.
his
Son
;
and
then
E.
one
o●
the
Lessees
who
survived
to
husband
the
Plaintiff
,
b●que
hoc
,
that
Tho.
enfeoffed
the
Feoffees
to
such
uses
as
the
Defendant
hath
a
ledged
,
and
as
to
the
other
Conusance
,
the
Plaintiff
demurred
in
Law
.
The
Jury
found
the
seisin
of
A.
and
her
Husband
,
and
the
Lessee
for
years
to
the
three
persons
,
and
the
Fine
and
Render
to
the
seisin
of
Tho.
and
the
Feoffment
of
Tho.
to
I.
D.
and
others
to
perform
his
Will
;
and
they
found
a
Letter
of
Attorney
to
persons
whereof
the
said
I.
H.
one
of
the
Lessees
was
one
conjunctim
&
divisim
,
to
enter
in
all
the
Premises
,
and
take
possession
,
and
deliver
the
same
to
the
Feoffees
or
one
of
them
;
and
that
after
Tho.
made
his
Will
as
before
,
and
that
C.
one
of
the
Attorneys
to
one
of
the
Feoffees
,
and
D.
another
of
the
Attorneys
delivered
seisin
to
another
of
the
Feoffees
.
There
were
divers
points
in
this
Case
;
First
,
because
the
Jury
have
sound
a
Devise
of
Land
and
no
Tenure
;
if
the
Justices
could
judge
the
Tenure
to
be
Knight
Service
or
Soccage
:
this
point
the
Justices
said
they
would
not
meddle
with
.
Second
point
,
admit
the
Land
to
be
holden
in
Capite
,
and
that
the
Land
passed
by
the
Will●
;
they
held
that
but
two
parts
of
the
Land
passed
by
the
Devise
.
3dly
.
When
he
devised
that
his
Feoffees
should
stand
seised
,
and
he
had
not
Feoffees
but
he
himself
was
in
possession
:
the
Justices
held
it
was
devise
of
the
Land
it self
.
4thly
.
They
held
where
one
of
the
Lessees
made
Livery
as
Attorney
to
the
Lessor
,
that
he
did
not
thereby
extinct
or
surrender
the
Term.
5thly
.
When
an
Authority
is
to
four
,
conjunctim
&
divisim
to
execute
Livery
:
that
one
might
execute
Livery
in
one
part
,
and
the
other
in
another
part.
6thly
.
They
held
when
Tenant
in
tail
of
Lands
in
lease
for
years
,
makes
a
Feoffment
,
and
the
Lessee
reentred
,
it
was
a
discontinuance
.
7thly
,
They
held
when
Tenant
in
Fee
simple
of
a
Reversion
expectant
upon
Lease
for
years
deviseth
two
parts
of
the
Land
,
that
no
part
of
the
Rent
passeth
.
8thly
,
In
this
Case
,
because
the
avowry
is
made
for
the
whole
Rent
,
and
it
appeareth
he
hath
title
but
to
two
parts
;
It
was
holden
he
should
not
have
a
Return
for
any
part
.
9thly
,
They
held
when
the
Avowant
makes
title
but
to
two
parts
of
the
Rent
,
and
the
Jury
assesse
damages
for
the
whole
Rent
,
that
the
Avowant
could
not
have
Judgment
,
unlesse
he
Released
the
damages
.
10thly
,
When
the
Lessor
entred
upon
his
Lessee
for
life
,
and
made
a
Feoffment
,
and
the
Lessee
reentred
,
the
Justices
doubt
,
if
the
Rent
was
revived
.
Keale
and
Carters
Case
.
416.
False
Imprisonment
,
the
Defendant
Justified
;
that
he
was
Constable
,
and
that
the
Plaintiff
brought
a
Child
of
the
age
of
2.
years
and
no
more
into
the
Church
,
and
there
left
it
,
to
the
intent
it
might
dye
for
want
of
sustenance
,
wherefore
he
Imprisoned
him
till
he
agreed
to
take
away
the
Child
;
It
was
the
opinion
,
that
the
Justification
of
the
Defendant
was
good
,
because
the
Act
of
the
Constable
was
but
to
prevent
a
felony
,
which
he
might
do
by
virtue
of
his
Office
.
Fenwick
and
Mitsorths
Case
.
417.
The
Case
was
,
A.
man
seised
of
Lands
in
Fee
,
Levyed
a
Fine
thereof
to
the
use
of
Wife
for
life
,
the
remainder
to
the
use
of
his
eldest
Son
and
the
Heirs
males
of
his
body
;
the
remainder
to
the
right
Heirs
of
the
Conusor
:
The
Conusor
made
a
Lease
for
1000.
years
to
B.
the
eldest
Son
dyeth
without
Issue
having
a
daughter
;
the
Conusor
dyeth
,
the
Wife
after
dyeth
,
the
eldest
Son
Leaseth
the
Lands
to
the
Plaintiff
:
It
was
adjudged
in
this
Case
,
it
was
a
Reversion
and
no
Remainder
,
and
this
limitation
to
his
right
Heirs
was
meerely
void
.
Sir
Moi●e
Finch
and
Throgmortons
Case
.
418.
The
Case
in
effect
was
this
,
The
Queen
made
a
Lease
for
years
,
rendring
rent
with
a
Proviso
,
that
if
the
rent
be
not
paid
at
a
day
limited
,
that
the
Lease
should
cease
,
without
making
mention
that
it
should
be
paid
at
the
Receit
;
and
if
it
should
cease
before
Office
,
was
the
Question
:
It
was
Resolved
by
Manwood
Cheif
Baron
and
all
the
Barons
in
the
Exchequer
,
That
ipso
facto
upon
default
of
payment
,
the
Lease
was
determined
according
to
the
purport
of
the
Contract
,
and
that
immediately
without
Office
;
For
the
Proviso
shall
be
taken
to
be
a
limitation
to
determin
the
estate
,
and
not
a
Condition
to
undo
the
estate
,
which
cannot
be
deserted
,
but
by
an
Office
in
the
Case
of
the
Queen
.
Green
and
Edwards
Case
.
419.
A
Lease
was
made
by
a
Man
for
80.
years
if
his
Wife
should
so
long
live
;
and
if
she
dye
,
that
the
Son
should
have
the
Land
for
the
Residue
of
the
Terme
then
to
come
;
It
was
adjudged
void
as
to
the
Son
,
for
that
there
is
no
residue
of
a
Terme
which
is
before
determined
.
Hicks
and
Palingtons
Case
.
420.
Complaint
was
in
the
Court
of
Request
,
for
average
of
a
Ship
spoyled
of
certain
goods
shipped
from
Bristol
to
Galicia
in
Spaine
:
The
goods
were
taken
by
a
Pyrat
by
violence
;
It
was
decreed
,
Average
should
be
paid
,
because
the
Merchants
had
assented
to
pay
it
after
the
Ship
was
robbed
.
The
Queen
and
Vaughans
Case
.
421.
In
a
Quo
Warranto
,
the
using
of
Liberties
,
&c.
the
Defendant
pleaded
,
That
an
Abbot
was
seised
of
Waifes
and
estrayes
by
prescription
,
and
that
he
used
and
exrcised
to
have
Catalla
fellonum
within
3.
moneths
before
the
suppression
of
the
Abby
,
but
did
not
shew
by
what
Title
,
Grant
or
Charter
;
and
so
by
the
Statute
of
32
H.
8.
and
by
Patent
de
tot
,
talia
,
tanta
&
Consimilia
Libertates
,
he
concluded
that
eo
Warranto
,
he
claymed
the
Liberties
;
It
was
Resolved
by
the
Justices
,
that
he
ought
to
shew
the
grant
made
to
the
Abbot
,
and
also
what
estate
the
Abbot
had
in
them
;
Because
the
Statute
doth
not
revive
other
estate
in
the
Liberty
,
but
which
came
to
the
Crown
by
the
dissolution
of
the
Abby
;
But
Resolved
,
that
the
Conclusion
eo
Warranto
was
good
,
because
it
shall
be
taken
distributive
,
that
he
used
those
which
might
be
appurrenant
,
as
appurtenant
,
and
the
other
by
the
other
title
.
Smith
and
Vewes
Case
.
422.
Debt
upon
mutuat
as
of
5
l.
6
s.
8
d.
and
because
the
several
summes
in
the
Declaration
did
not
amount
to
the
sum
in
demand
;
the
Judgment
given
in
it
was
reversed
.
Sherrot
and
Holloweyes
Case
.
423.
Replevin
.
The
Case
was
;
a
Feoffment
was
made
by
Indenture
,
rendering
3
l.
rent
,
which
clause
of
distresse
,
and
the
Feoffor
Covenanted
to
make
further
assurance
of
the
Land
,
the
Feoffer
levyed
a
Fine
to
the
Feoffee
who
rendred
3
l.
rent
;
It
was
Resolved
he
might
avow
for
the
first
rent
notwithstanding
the
Fine
,
and
that
the
Remainder
is
not
a
grant
of
a
new
rent
,
but
a
Confirmation
of
the
old
rent
.
Mead
and
Cheneys
Case
.
424.
A
recovery
is
had
in
Debt
against
an
Administrator
,
and
a
Scire
facias
de
bonis
of
the
Intestate
,
upon
which
a
Devastavit
was
returned
;
It
was
adjudged
,
that
an
Elegit
lyeth
de
bonis
propriis
of
the
Administrator
,
which
he
had
the
day
of
the
Judgment
.
Barton
and
Andrewes
Case
.
425.
Note
this
Case
was
the
very
Case
agreeing
verbatim
with
Bennet
and
Halseys
Case
,
which
see
before
Sect.
387.
Hil.
33.
Eliz.
Degoze
and
Rowes
Case
.
426.
Debt
against
the
Desendant
as
Heir
to
his
Father
upon
an
Obligation
,
the
Defendant
pleaded
his
Father
was
seised
in
Fee
,
and
Covenanted
with
I.
S.
and
others
,
to
stand
seised
to
the
use
of
himself
for
life
,
the
remainder
to
the
Defendant
in
tail
,
the
remainder
to
his
daughter
in
tail
,
the
remainder
in
Fee
to
his
right
Heirs
with
a
Proviso
of
Perpetuity
,
and
that
the
Father
dyed
and
he
entred
,
and
so
had
nothing
by
discent
;
Upon
a
special
verdict
the
Case
was
,
The
Father
caused
certain
Indentures
to
be
written
and
engrossed
,
comprehending
uses
betwixt
I.
S.
and
one
M.
and
him
,
but
would
not
M.
should
be
acquainted
with
it
,
till
I.
S.
had
agreed
to
it
;
But
he
delivered
the
deed
to
a
Scrivenor
to
the
use
of
I.
S.
and
M.
so
as
I.
S.
would
agree
to
it
;
the
Scrivenor
went
with
the
Deed
to
the
house
of
I.
S.
but
could
not
speak
with
him
,
and
after
I.
S.
dyed
,
never
having
notice
of
the
Deed
;
It
was
adjudged
in
this
Case
,
that
the
Father
never
Covenanted
,
because
the
agreement
of
I.
S.
was
a
Condition
precedent
to
the
essence
of
the
Deed
,
and
so
there
was
no
Deed
to
raise
the
uses
;
and
therefore
it
was
adjudged
against
the
Defendant
.
Halme
and
Jees
Case
.
427.
The
Case
was
,
Grandfather
,
Father
and
Son
,
the
Grandfather
Tenant
in
tail
made
a
Feoffment
in
Fee
,
rendering
rent
to
him
and
his
Heirs
,
and
dyed
;
the
Father
excepted
the
rent
,
the
Feoffee
levyed
a
Fine
with
Proclamation
,
and
5.
years
passed
;
It
was
adjudged
,
the
Son
was
not
barred
,
because
the
acceptance
of
the
rent
was
but
a
Conclusion
,
but
did
not
extinguish
the
Reight
,
and
so
the
Son
was
not
barred
by
the
Fine
,
and
5.
years
which
encurred
in
the
life
of
the
Father
.
Fulwood
and
Wards
Case
.
428.
Tenant
for
years
determinable
upon
the
Life
of
the
Lord
Pagett
,
by
deed
granted
a
Rent
of
10
l.
issuing
out
of
the
Land
,
with
Clause
of
distresse
,
the
Lord
dyed
;
It
was
Resolved
,
that
by
his
death
the
Rent
was
not
determined
,
but
Election
did
remain
in
the
grantee
,
to
make
it
either
a
Rent
or
Annuity
.
Cornwalls
Case
.
429.
He
was
Indicted
,
that
he
was
Communis
publicator
secretorum
Dominae
Reginae
,
and
of
other
persons
impannelled
with
him
,
to
enquire
for
the
body
of
the
County
de
diversis
Feloniis
,
against
his
Oath
in
that
behalf
taken
;
and
because
it
was
not
found
,
that
he
was
sworn
to
keep
secrets
,
nor
that
the
secrets
which
he
discover
did
touch
his
Oath
,
the
Judgment
was
adjudged
insufficient
.
Langles
and
Hayres
Case
.
430.
Debt
upon
the
Statute
of
2
E.
6.
for
treble
damages
,
for
not
setting
forth
of
Tythes
;
the
Declaration
recited
the
Statute
to
be
in
2
and
3
E.
6.
which
could
not
be
in
2.
years
of
the
said
King
;
therefore
after
verdict
the
Judgment
was
stayed
.
Welden
and
Bridgwaters
Case
.
431.
It
was
adjudged
in
this
Case
,
that
he
who
had
but
Vesturam
terrae
,
viz.
the
Crop
at
his
Lot
,
every
2.
or
3d.
year
,
might
maintain
an
Action
Quare
,
Clausumfregit
.
Ashley
and
Harrisons
Case
.
432.
Debt
,
the
Defendant
pleadedan
Outlawry
of
the
Plaintiff
,
at
the
Suit
of
I.
S.
the
Plaintiff
pleaded
the
Pardon
of
31
Eliz.
It
was
demurred
to
,
because
it
was
not
alledged
,
that
he
was
any
of
the
persons
excepted
out
of
the
Pardon
;
Resolved
the
Pardon
was
allowable
to
make
any
one
to
answer
the
Plaintiffs
action
,
but
not
against
the
Queen
,
for
she
is
not
bound
by
the
allowance
of
it
.
Sir
Francis
Englefields
Case
.
433.
The
Case
in
effect
was
this
,
A.
seised
in
Fee
by
Indenture
in
Consideration
of
Blood
Covenants
with
B.
his
brother
,
to
stand
seised
to
the
use
of
himself
for
life
,
and
after
the
use
of
B.
in
tail
,
the
remainder
to
the
right
Heirs
of
B.
Provided
,
that
if
A.
by
himself
,
or
by
any
other
during
his
Natural
life
,
tender
to
B.
a
Gold
ring
to
the
intent
to
make
void
the
said
use
,
that
then
the
said
uses
should
be
void
.
Afterwards
A.
26
Eliz.
is
attainted
of
Treason
and
Outlawed
for
it
,
and
the
King
makes
a
Lease
of
the
Lands
to
C.
and
D.
for
40
years
;
The
attainder
is
confirmed
by
Act
of
Parliament
,
and
Enacted
,
That
the
said
Act
shall
not
extend
to
make
any
Lease
void
,
made
by
the
K.
after
the
said
Treason
;
Also
Enacted
,
that
all
persons
which
claim
an
estate
or
interest
in
Land
not
enrolled
since
18
Eliz.
shall
within
2.
years
after
the
Session
of
that
Parliament
,
shew
and
bring
into
the
Court
of
Exchequer
his
or
their
Grant
or
assurance
to
be
void
;
The
King
reciting
the
Proviso
and
benefit
thereof
given
him
by
Act
of
Parliament
,
authorizeth
E.
to
deliver
the
Gold
ring
to
B.
to
the
Intent
to
make
void
the
uses
;
he
reads
the
Patent
to
B.
and
makes
a
tender
to
him
,
which
he
refuseth
to
accept
of
.
E.
certifies
the
same
into
the
Exchequer
.
This
Case
was
very
largely
and
Learnedly
Argued
by
all
the
Serjeants
and
others
at
the
●arre
,
which
vide
in
the
Book
at
Large
;
afterwards
,
it
was
argued
by
all
the
Barons
in
the
Exchequer
,
and
there
amongst
other
things
it
was
Resolved
by
them
,
That
the
Condition
in
the
principal
Case
,
viz.
the
tender
of
the
Gold
ring
was
not
annexed
to
●he
person
of
A.
but
that
any
one
might
make
the
tender
;
and
tha●
it
was
given
to
the
King
by
the
Act
of
Parliament
,
and
when
a
Statute
gives
a
Condition
to
the
King
,
the
performance
of
it
,
which
is
the
substance
,
and
which
is
not
inseparably
annexed
to
the
person
,
is
given
to
the
King
.
2.
That
the
Tender
and
Certificate
of
it
was
good
,
without
Office
found
.
3.
That
presently
by
the
tender
the
uses
were
determined
,
and
the
Land
vested
in
the
King
by
force
of
the
Act
of
Parliament
.
The
Earl
of
Northumberlands
Case
.
434.
A.
15
June
22
Eliz.
bargained
and
sold
the
Mannor
of
D.
to
the
Earl
of
Northumberland
and
his
Heirs
;
who
because
the
Land
was
holden
in
Capite
3.
Sept.
the
same
year
,
purchased
a
License
of
Alienation
;
in
Octob.
the
same
year
a
Fine
was
Levyed
for
further
assurance
;
and
in
Novemb.
the
same
year
the
Deed
was
enrolled
;
The
Queen
seised
the
Lands
for
a
Fine
for
Alienation
without
License
:
It
was
adjudged
;
the
Queens
hands
should
be
removed
from
the
Land
,
because
the
bargainee
was
now
in
by
the
Fine
,
and
not
by
the
bargaines
and
sale
,
and
also
because
the
Licence
did
precede
the
Fine
,
the
Alienation
was
not
made
without
License
.
Yardley
and
Prestwood
and
others
Case
.
435.
In
a
Quare
Impedit
;
It
was
holden
by
the
Justices
in
this
Case
,
That
a
double
usurpation
upon
the
Queen
,
did
put
her
out
of
possession
of
Advowson
,
and
put
her
to
her
Writ
of
Right
of
Advowson
▪
But
the
Law
hath
been
taken
since
that
time
,
and
so
adjudged
,
that
a
double
usurpation
did
not
put
the
Queen
out
of
possession
of
her
Advowson
;
Vide
33
Eliz.
Hassies
Case
,
Tr.
4.
Jac.
The
King
and
Champians
Case
accordingly
.
Isabell
Mordants
Case
.
436.
An
Enfant
Levyed
a
Fine
to
the
Queen
,
The
Queen
granted
the
Lands
to
Bowes
Treasurer
of
Barwick
Error
brought
to
reverse
the
Fine
,
Bowes
pleaded
in
Barre
the
Statute
of
18
Eliz.
It
was
Resolved
,
that
notwithstanding
that
Statute
,
the
Writ
of
Error
did
lye
,
for
that
Statute
did
not
extend
to
make
grants
good
,
of
such
persons
who
could
not
make
grants
by
the
Common
Law
,
as
Enfants
,
persons
of
Non
sane
Memorie
,
&c.
Sir
Mayle
Finch
and
Hen.
Finches
Case
.
437.
The
Mother
of
Sir
Moyle
Finch
,
and
the
Defendant
in
her
Widdowhood
levyed
a
Fine
to
the
use
of
her self
for
life
,
and
after
her
death
to
the
use
of
her
Executors
for
5.
years
,
and
after
to
Sir
Moyle
in
Tail
,
with
divers
remainders
over
;
and
afterwards
she
maried
I.
S.
and
she
with
I.
S.
granted
the
Terme
of
5.
years
to
Sir
Moyle
;
and
after
that
,
she
and
her
Husband
levyed
a
Fine
to
Sir
Moyle
and
I.
D.
and
after
that
the
Wife
with
her
Husbands
assent
made
her
Will
,
and
made
the
Defendant
her
sole
Excecutor
,
and
dyed
,
the
Defendant
entred
:
It
was
agreed
by
the
Justices
,
1.
That
the
use
limited
to
the
Excecutors
was
good
.
2.
That
the
Wife
could
not
grant
it
in
her
life
time
.
3.
That
it
was
extinguishable
in
the
Wife
by
a
Fine
come
ceo
,
&c.
but
not
by
a
Release
.
4.
That
the
Fine
sur
Conusans
de
droit
,
&c.
had
extinguished
the
Terme
,
and
the
said
Fine
had
made
such
a
disturbance
of
the
possession
,
that
the
use
being
future
at
the
instant
of
her
death
in
the
Excecutors
could
never
rise
,
5.
That
a
Feme
Covert
with
the
assent
of
her
Husband
might
make
a
Will
,
but
not
thereby
to
dispose
of
Legacies
.
6.
It
was
adjudged
for
the
Plaintiff
;
because
the
Wife
who
had
the
estate
for
her
life
,
had
levyed
a
fine
sur
Conusans
de
Droit
,
&c.
438.
Action
upon
Indebitatus
Assumpsit
solvere
;
It
was
Resolved
the
Plaintiff
could
not
give
in
evidence
matter
of
specialty
to
prove
his
debt
;
but
he
might
give
in
Evidence
matter
of
Contract
.
Fitzherberts
Case
.
439.
He
was
Arrested
in
Execution
by
the
Sheriff
of
Derby
the
3.
day
of
Feb.
at
7.
of
the
Clock
in
the
Morning
,
and
the
same
day
at
10.
of
the
Clock
he
was
elected
a
Burgesse
of
Parliament
,
for
the
Borrough
of
New
Castle
;
It
was
agreed
in
Parliament
,
because
he
was
arrested
before
he
was
chosen
Burgesse
,
he
could
not
have
the
Priviledge
of
the
House
.
Hunger
and
Freys
Case
.
440.
A
man
had
recovered
in
Debt
and
had
Judgment
,
and
an
Elegit
,
and
had
an
extent
delivered
him
,
and
Nihil
as
to
goods
.
Afterwards
he
suggested
the
Defendant
had
more
Lands
,
goods
and
chattells
in
the
same
County
;
and
had
a
New
Elegit
,
and
upon
that
he
had
a
Lease
for
years
in
Execution
,
and
no
other
Land
was
found
;
It
was
adjudged
,
that
the
sale
of
the
Lease
for
years
by
the
Sheriff
and
delivery
in
Execution
was
good
.
Townsend
and
Walleys
Case
.
441.
A
man
had
6
l.
Land
in
possession
,
and
Lands
in
Peversion
upon
an
estate
for
life
,
and
by
his
Will
he
deviseth
all
his
Lands
to
his
Excecutors
for
10.
years
to
pay
his
Debts
and
perform
his
Will
,
and
after
the
10.
years
ended
,
that
his
Executors
or
one
of
them
,
or
the
Executors
of
his
Excecutors
,
or
any
of
them
,
should
sell
his
Lands
,
and
he
made
diverse
Excecutors
and
gave
40
l.
Legacies
by
his
Will
and
dyed
;
After
the
10.
years
2.
of
the
Executors
sold
the
Land
.
1.
Resolved
,
that
the
Land
in
reversion
might
be
sold
as
well
as
the
Land
in
possession
.
2.
That
the
sale
by
the
2.
Executors
was
a
good
sale
by
the
intent
of
the
Will.
3.
Resolved
,
that
the
devise
,
that
his
Excecutors
might
sell
,
was
a
good
sale
within
the
Statute
of
Wills
;
though
the
words
of
the
Statute
are
,
That
a
man
having
Lands
holden
in
socage
,
might
devise
two
parts
of
it
:
and
that
by
the
Equity
of
the
Statute
.
Yelverton
and
Yelvertons
Case
.
442.
A
man
seised
of
Lands
,
Covenanted
to
stand
seised
thereof
to
the
use
of
his
eldest
Son
,
and
also
of
all
the
other
Land
which
he
after
should
purchase
,
he
Covenanted
that
he
and
his
Heirs
would
stand
seised
to
the
use
of
his
eldest
Son
.
Afterwards
he
purchased
Lands
to
him
and
his
Heirs
by
bargain
and
sale
.
Adjudged
,
that
the
purchase
could
not
be
intended
to
other
use
then
to
him
and
his
Heirs
.
Sir
Hugh
Cholmeleys
Case
.
443.
The
Case
is
very
long
,
but
is
this
in
effect
,
viz.
Tenant
in
Tail
,
the
remainder
in
Tail
,
he
in
the
Remainder
bargained
and
sold
his
Remainder
to
A.
for
the
life
of
the
Tenant
in
Tail
,
and
after
his
death
the
remainder
to
the
Queen
in
Fee
,
Tenant
in
Tail
,
in
possession
suffered
a
Common
Recovery
,
The
Queen
granted
her
remainder
to
Tenant
in
Tail
and
his
Heirs
.
Afterwards
he
in
the
remainder
bargained
and
sold
his
remainder
to
B.
the
remainder
to
the
Queen
upon
Condition
,
another
Recovery
was
had
.
Tenant
in
Tail
dyed
without
Issue
;
It
was
Resolved
in
this
Case
,
that
he
in
the
Remainder
and
all
Claiming
under
him
were
barred
by
the
Recovery
.
2.
That
the
Common
Recovery
did
bar
the
Tenant
in
Tail
and
the
estate
of
A.
in
the
remainder
,
although
the
Remainder
was
in
the
Queen
.
3.
That
the
grant
of
the
Queen
to
the
Tenant
in
Tail
and
his
Heirs
,
was
a
good
grant
.
Corbett
and
Marshes
Case
.
444.
Error
brought
upon
a
Recovery
in
Dower
,
because
the
Tenant
was
not
summoned
by
15.
dayes
,
nor
Proclamation
made
thereof
at
the
Church
door
.
Because
the
party
had
remedy
against
the
Sheriff
,
the
Court
would
not
allow
of
the
Error
.
Crispe
and
Fryers
Case
.
445.
Copyholder
in
Fee
rendring
Rent
at
Mich.
and
our
Lady-day
The
Lord
at
the
last
instant
of
the
day
of
payment
demands
the
Rent
upon
the
Land
,
and
the
Copyholder
is
not
there
to
pay
it
.
Qu.
If
it
be
a
forfeiture
;
the
better
opinion
of
the
Justices
was
,
that
it
was
a
forfeiture
.
Paramour
and
Verwolds
Case
.
446.
False
Imprisonment
:
the
Defendant
justified
by
a
Recovery
in
Debt
,
in
Warda
de
F.
London
,
and
a
Writ
of
Execution
in
Sandwich
in
Kent
,
absque
hoc
,
that
he
was
culpable
in
London
;
The
Plaintiff
said
that
he
was
culpable
at
London
,
absque
hoc
,
that
there
is
tale
Recordum
in
Sandwich
;
Adjudge
the
Yraverse
upon
the
Traverse
was
good
,
because
the
place
is
material
.
Pannell
and
Fens
Case
.
447.
A
man
seised
of
Lands
,
and
possessed
of
a
Term
,
devised
all
his
Lands
and
Tenements
to
his
Executors
,
untill
they
had
paid
all
his
Debts
and
Legacies
,
and
levied
all
charges
which
they
should
expend
against
I.
S.
or
others
in
Execution
of
his
Will
,
and
made
two
Executors
and
died
;
the
Executors
entred
generally
into
the
Land
and
Term
,
and
one
of
them
sold
the
Term
to
one
man
,
and
the
other
sold
it
to
another
;
It
was
adjudged
they
took
the
Term
as
Executors
,
and
not
as
Devisees
,
and
yet
they
took
the
Freehold
as
Devisees
;
and
they
said
,
that
the
words
of
the
Will
as
to
the
Term
was
no
more
then
the
Law
gave
,
and
that
they
should
have
it
as
Executors
.
Blackwell
and
Eyres
case
.
448.
Issue
was
joyned
betwixt
the
Lessee
of
the
Plaintiff
and
the
Defendant
in
an
Ejectione
firme
,
which
was
to
be
tryed
at
the
Assizes
;
The
Defendant
in
consideration
the
Plaintiff
and
his
Lessee
should
forbear
to
enforce
their
Title
,
and
give
slender
evidence
against
the
Defendants
,
promised
to
pay
a
certain
Sum
of
money
to
the
Plaintiff
;
Vpon
Non
assumpsit
it
was
found
there
were
two
Issues
joyned
in
the
Suit
,
and
the
Defendants
had
not
joyned
,
but
one
of
them
had
pleaded
the
general
Issue
,
and
the
other
a
special
Plea
:
It
was
adjudged
for
the
Plaintiffs
,
because
the
common
Speech
is
,
the
Parties
have
joyned
issue
.
Walker
and
Harris
Case
.
449.
It
was
adjudged
in
this
Case
,
That
although
Lessee
for
years
assignes
over
his
Term
,
yet
Debt
lyeth
against
himself
for
the
Rent
,
by
the
Lessor
or
his
year
.
Moss
and
Packs
Case
.
450.
A
Recoverie
was
had
against
the
Executor
of
I.
D.
of
debt
and
damages
;
And
Fire
fac
.
issued
de
bonis
testatoris
si
;
&
si
non
,
damna
de
bonis
propriis
;
the
Executor
dyed
;
the
Sheriff
did
execution
of
the
Goods
of
the
Testator
,
before
the
Return
of
the
Writ
,
and
adjudged
good
.
Portman
and
Willis
Case
.
451.
It
was
adjudged
in
the
Case
that
by
a
Devise
of
omnia
bona
,
a
Lease
for
years
did
pass
,
if
there
be
not
other
circumstances
to
guide
the
intent
of
the
Devilor
.
2.
Resolved
,
That
if
a
Copyholder
for
life
or
years
surrender
to
an
use
,
that
the
surrender
is
good
,
and
the
use
void
;
as
a
surrender
rendring
Rent
with
Warranty
,
shall
be
a
good
Surrender
,
and
the
Rent
and
Warranty
void
.
Beswick
and
Combdens
Case
452.
Action
upon
the
Case
for
not
keeping
a
Bank
,
by
reason
of
which
the
River
drowned
his
Land
;
It
appeared
upon
the
evidence
that
it
was
levyed
,
and
kept
before
by
one
who
enfeoffed
the
Defendant
:
Yet
it
was
adjudged
that
the
Action
did
lye
against
the
Feoffee
for
the
continuance
of
it
.
Fuller
and
Fullers
Case
.
453.
The
Case
was
;
A
man
had
four
Sons
,
and
devised
his
Land
to
his
youngest
Son
named
R.
and
the
Heirs
Males
of
his
Body
,
with
the
Remainder
successively
to
the
other
three
,
and
the
Heirs
Males
of
their
Bodies
;
the
first
Devise
dyed
in
the
life
of
his
Father
,
having
Issue
Male
;
After
which
the
Father
said
,
I
will
that
my
Will
stand
good
to
the
Children
of
R.
as
if
he
had
over
lived
me
;
but
the
words
were
not
put
in
writing
.
The
point
was
,
If
the
Children
did
take
by
the
devise
or
by
discent
:
Quaere
.
The
Court
was
divided
in
opinion
.
The
Dean
and
Canons
of
St.
Pauls
and
others
Case
.
454.
King
Edward
the
Fourth
by
his
Letters
Patent
granted
to
the
Dean
and
Canons
and
their
Successors
,
that
they
should
be
discharged
of
Purveyance
;
the
Charter
was
confirmed
by
King
Henry
the
Seventh
,
and
also
by
King
Henry
the
Eight
.
The
Statute
of
27.
H.
8.
was
made
,
That
Purveyors
assigned
by
the
Kings
Commission
for
provision
for
him
,
his
Queen
and
Children
,
might
provide
all
Victual
,
Corn
,
&c.
as
well
within
Liberties
as
without
,
any
Grants
or
Allowances
to
the
contrary
.
Queen
Mary
granted
that
no
Purveyance
should
be
taken
of
the
Dean
and
Canons
and
their
Successors
against
their
Wills
,
notwithstanding
the
Statute
of
27.
H.
8.
and
Queen
Elizabeth
reciting
all
the
Patents
granted
to
the
Dean
and
Canons
,
doth
confirm
them
:
It
was
Resolved
,
That
the
Charter
granted
to
them
was
good
.
Wherefore
that
they
should
be
discharged
from
all
Composition
for
Provisions
for
the
Queen
.
Preston
and
Hinds
Case
.
455.
Error
of
a
Judgment
upon
a
Plaint
in
Debt
in
an
Inferior
Court
was
assigned
,
because
the
Defendant
had
not
Addition
:
But
the
Judgment
was
affirmed
,
because
it
is
not
of
necessity
to
have
Addition
for
the
Defendant
in
a
Base
Court
,
where
Process
of
Outlawry
doth
not
lie
.
Collins
Case
.
456.
Audita
Querela
was
brought
by
Fraud
by
A.
B.
and
C.
for
all
Executions
,
being
several
Suits
of
divers
persons
.
Adjudged
it
was
unduly
granted
,
and
therefore
a
Vacat
was
made
thereof
upon
Record
,
because
one
Audita
Quaerela
cannot
be
upon
several
Suits
.
Ho●
and
Taylors
Case
.
457.
The
Lord
of
a
Mannor
granted
by
Copy
to
one
and
his
Heirs
Subboscum
in
M.
Wood
,
and
G.
Grove
annuatim
succidendum
by
four
or
five
Acres
at
the
least
,
and
after
made
a
Lease
of
the
Mannor
;
The
Lessee
cut
down
certain
Wood
;
the
Copyholder
brought
Trespass
,
and
the
Lessee
justified
,
with
averment
that
he
had
left
sufficient
for
the
Copyholder
to
be
cut
by
four
or
five
Acres
yearly
.
Resolved
,
First
that
Under-wood
might
be
granted
by
Copy
,
if
the
Custome
permit
it
.
Secondly
,
That
the
whole
Wood
passed
,
and
the
word
annutim
succidendi
,
to
be
an
order
only
appointed
for
the
cu●ing
of
it
,
not
to
restrain
the
Grant
.
Yelding
and
Fay●s
Case
.
458.
The
custom
of
a
Parish
was
,
That
the
Parson
had
used
to
keep
within
the
Parish
a
common
Bull
and
Boar
for
the
encrease
of
the
Parishioners
Chattel
,
and
the
Defendant
being
Parson
,
had
not
kept
them
for
four
years
together
,
for
which
the
Plaintiff
brought
action
upon
the
Case
:
the
Defendant
by
Protestation
there
was
no
such
Custom
,
pleaded
Not
guilty
:
It
was
adjudged
a
good
Custom
,
and
that
the
Action
did
lie
,
and
the
Plea
of
Not
guilty
,
not
good
,
the
offence
being
in
non
feasance
of
a
thing
,
and
the
Protestation
not
good
against
the
Custom
.
Morgan
and
Wyes
Case
.
459.
In
Trover
and
Conversion
;
The
Plaintiff
put
in
exception
that
the
Sheriff
was
his
Cosen
,
and
prayed
a
Venire
to
the
Coroners
,
which
issued
accordingly
,
and
at
the
Nisi
prius
,
the
Tales
de
circumstantibus
was
awarded
and
found
for
the
Plaintiff
and
Judgment
,
and
upon
Error
brought
,
this
was
assigned
for
Error
,
and
it
was
adjudged
Error
;
and
the
Judgment
reversed
.
Downhall
and
Catesbyes
Case
.
360.
In
a
Formedon
in
the
remainder
,
the
Case
was
:
A.
seized
in
Fee
,
gave
Instructions
to
one
to
make
his
Will
in
writing
,
and
to
give
the
Land
to
his
Son
for
Life
,
who
put
the
Will
in
wriing
,
and
therein
writ
the
Estate
to
be
in
Fee
:
It
was
Resolved
,
that
the
Will
was
void
,
being
contrary
to
the
intent
of
the
Devisor
.
Evington
and
Brimstons
Case
.
461.
A
man
left
his
Gates
open
ad
nocumentum
Inhabitantium
,
for
which
he
was
amerced
in
the
Leet
,
and
his
Chattel
distreined
for
the
amercement
;
he
brought
Trespass
:
It
was
adjudged
,
That
it
was
an
Offence
not
amerceable
in
a
Leet
,
and
the
Distress
unlawful
,
and
the
action
well
brought
.
Eatons
Case
.
462.
Debt
upon
an
Obligation
:
The
Condition
was
:
If
the
Obligor
and
his
Wife
,
sell
the
Wives
Land
,
then
if
the
Obligor
during
his
Life
purchase
to
the
Wife
and
her
Heirs
so
much
Land
,
and
of
that
value
as
that
which
should
be
sold
,
or
else
shall
leave
to
his
Wife
so
much
money
or
money
worth
after
his
death
to
her
own
use
,
that
then
,
&c.
The
Defendant
pleaded
the
Wife
was
dead
;
the
Plaintiff
said
the
Husband
and
Wife
had
aliened
the
Land
,
and
the
Husband
had
not
purchased
so
much
other
Lands
to
the
Wife
and
her
Heirs
:
It
was
adjudged
against
the
Plaintiff
,
because
the
Condition
was
for
the
benefit
of
the
Obligor
,
and
gave
him
Election
either
to
purchase
Land
or
leave
money
,
of
which
Election
he
is
prevented
by
the
death
of
the
Wife
which
is
the
act
of
God
,
and
so
discharged
of
one
part
of
the
Condition
,
and
then
the
whole
Condition
and
Obligation
are
both
discharged
.
Thyn
and
Cholmlys
Case
.
463.
A
Lease
for
years
was
rendring
Rent
at
Mich.
and
our
Lady
,
with
a
Nomine
poenae
of
3
s.
4.
d.
the
Lessee
assigned
the
Term
;
adjudged
that
the
Assignee
was
chargable
with
the
Nomine
poenae
incurred
after
the
Assignment
,
not
before
.
Carter
and
Loves
Case
.
464.
The
Case
was
:
A
Termor
devised
his
Term
to
I.
S.
who
made
his
Wife
his
Executor
,
and
died
;
the
Wife
entred
and
proves
the
Will
,
and
afterwards
took
Husband
,
and
the
Husband
takes
a
Lease
of
the
Lessor
,
afterwards
the
Devisee
entred
and
granted
his
Estate
to
the
Husband
and
Wife
.
1.
If
by
this
acceptance
of
the
new
Lease
by
the
Husband
,
the
Term
which
the
Wife
had
to
the
use
of
another
,
viz.
the
Testator
should
be
determined
:
Resolved
,
It
was
clear
,
it
was
a
surrender
.
2.
When
the
Devisee
entreth
into
the
Term
devised
to
him
without
the
assent
of
the
Executor
,
and
after
g●ants
his
right
and
interest
to
the
Executor
,
if
the
Grant
be
good
,
because
he
hath
not
any
Term
in
him
,
but
only
a
Right
of
the
Term
suspended
in
the
Land
.
It
was
holden
to
be
a
good
Grant
,
and
that
it
shall
have
a
protection
to
enure
by
way
of
Grant
,
to
pass
the
Estate
of
the
Devised
to
the
Executor
.
Dell
and
Higdens
Case
.
465.
It
was
Resolved
in
this
Case
,
That
the
admittance
of
Tenant
for
Life
of
a
Copyhold
,
is
the
admittance
of
him
in
the
Remainder
,
because
the
Fine
is
entire
,
and
no
more
Fine
is
due
by
him
in
the
Remainder
,
but
otherwise
it
is
of
him
in
the
Reversion
.
2.
Resolved
,
That
the
surrender
of
a
Copyhold
in
Tail
,
is
not
a
Discontinuance
,
but
a
common
Recovery
without
Voucher
is
a
Discontinuance
.
Sams
and
Pitts
Case
.
466.
Assumpsit
:
The
Plaintiff
and
Defendant
,
controversies
being
betwixt
them
submitted
themselves
to
Arbitrament
;
and
the
Plaintiff
in
consideration
of
6.
d.
given
him
by
the
Defendant
promised
to
pay
200
l.
to
the
Defendant
,
if
he
did
not
perform
the
Arbitrament
.
The
Defendant
also
assumed
to
the
Plaintiff
in
consideration
of
6
d.
given
to
him
by
the
Plaintiff
,
that
if
he
did
not
perform
the
Arbitrament
,
that
he
would
pay
to
the
Plaintiff
200.
l.
upon
request
,
and
alledged
in
Fact
,
that
an
Arbitrament
was
made
,
that
the
Defendant
should
be
bound
to
the
Plaintiff
,
that
the
Plaintiff
and
his
Wife
should
have
and
enjoy
the
Land
in
question
,
without
the
Let
or
hindrance
of
him
,
his
Wife
,
or
C.
their
Son
and
Heir
,
and
that
the
Plaintiff
had
performed
all
on
his
part
,
yet
the
Defendant
did
not
become
bound
to
the
Plaintiff
as
,
&c.
nor
paid
the
200
l.
though
requested
;
and
because
it
was
not
expressed
in
what
Sum
the
Defendant
should
become
bound
to
the
Plaintiff
,
and
because
the
De-Accord
is
,
that
the
Defendant
be
bound
for
Annoyance
without
Let
of
the
Son
of
the
Defendant
,
which
was
a
Stranger
to
the
Arbitrament
:
It
was
adjudged
against
the
Plaintiff
,
and
that
the
Arbitrament
as
to
that
part
was
void
.
Dorley
and
Woods
Case
.
467.
In
an
Action
brought
,
the
Defendant
alledged
a
Custom
of
a
Copyhold
to
be
demised
in
Fee
,
Tail
,
or
for
Life
;
and
made
Title
by
a
Demise
in
Fee
to
himself
;
the
Plaintiff
traversed
the
Custome
,
and
the
Custom
was
found
to
demise
in
Fee
,
or
for
Life
,
but
not
in
Tail
;
It
was
adjudged
that
the
Issue
was
found
for
the
Defendant
,
because
the
substance
was
found
for
him
,
and
the
tail
was
but
Inducement
.
Ewer
and
Heydons
Case
.
468.
A.
seised
of
three
Houses
,
and
other
Lands
,
Pastures
and
Meadows
in
W.
in
the
County
of
H.
and
of
Land
in
the
County
of
O.
devised
in
this
manner
,
viz.
I
give
my
Capital
Messuage
in
the
County
of
O.
and
all
other
my
Lands
and
Meadows
,
and
Pastures
in
the
Parish
of
W.
That
the
Houses
passed
by
the
Devise
,
for
that
Land
comprehends
Houses
.
The
Bishop
of
Worcesters
Case
.
469.
The
Bishop
presented
a
Felon
at
the
Sessions
at
Newgate
,
who
had
stollen
a
Bason
and
Ewer
from
him
,
for
which
the
person
was
attainted
,
and
a
Writ
of
Restitution
awarded
to
the
Bishop
:
In
Bar
of
the
Restitution
,
a
Scrivener
of
London
,
a
Freeman
came
and
said
,
That
every
Shop
in
London
is
a
Market
overt
,
and
that
he
bought
the
Bason
and
Ewer
in
his
Shop
,
being
a
Scriveners
Shop
:
Adjudged
,
the
sale
of
it
in
the
Scriveners
shop
did
not
alter
the
propriety
of
the
Plate
,
for
it
was
not
a
Market
overt
for
such
things
:
And
it
was
said
,
That
any
Shop
in
London
by
Custom
was
a
Market
overt
for
the
buying
of
all
things
:
It
was
Resolved
,
that
such
a
Custom
was
an
unreasonable
Custome
.
The
Lord
Norths
Case
.
470.
Christ
Church
in
Oxon
is
incorporated
by
the
Name
of
Dean
and
Chapter
Ecclesiae
Cathedralis
Christi
de
Oxon
:
and
they
made
a
Lease
by
the
name
of
Dean
and
Chapter
Ecclesiae
Cathedralis
Christi
in
Academia
de
Oxon
;
and
the
Liberties
de
Accademia
did
extend
further
then
the
Liberties
of
the
City
;
yet
it
was
adjudged
a
good
Lease
because
the
substance
of
the
Corporation
was
inserted
in
the
words
of
the
Lease
.
Bullen
and
Bullens
Case
.
471.
The
case
was
;
S.
B.
being
Cestuy
que
use
before
the
Statute
27.
H
8.
devised
to
his
Wife
certain
Lands
for
her
Life
,
and
that
after
her
decease
,
R.
B.
his
eldest
Son
shall
have
the
Land
10
l.
under
the
sum
or
price
it
cost
,
and
if
he
died
without
Issue
,
F.
●
.
his
Second
Son
,
should
have
the
Land
10.
l.
under
the
price
it
cost
;
and
if
he
died
without
Issue
of
his
Body
,
then
his
two
Daughters
A.
and
E.
shall
have
the
Land
paying
the
value
thereof
to
the
Executors
of
his
Wife
.
The
Question
was
if
R.
B.
the
Devisee
had
an
Estate
Tail
or
not
;
It
was
argued
it
was
an
Estate
tail
,
and
it
was
compared
to
Frenchams
case
,
2.
Eliz.
Dyer
.
where
a
man
devised
Lands
to
his
Wife
for
use
,
the
Remainder
to
C.
F.
and
the
Heirs
Males
of
his
Body
,
and
if
he
die
without
Heirs
of
his
Body
,
the
Remainder
over
,
and
it
was
clearly
taken
,
that
the
general
Limitation
,
if
he
die
without
Heirs
of
his
Body
,
shall
not
alter
the
especial
Tail
:
On
the
other
side
it
was
said
that
the
Estate
was
Fee-simple
,
for
that
the
words
are
,
That
he
shall
have
the
Land
10.
l.
under
the
price
,
and
so
the
word
(
paying
)
implies
a
Fee-simple
.
The
Court
enclined
to
be
of
opinion
,
It
should
be
a
Fee-simple
;
But
the
Case
was
not
Resolved
,
but
Adjourned
.
Germin
and
Ascotts
Case
.
472.
A.
seised
of
Lands
●n
Fee
devised
the
same
to
his
eldest
Son
,
and
the
Heirs
males
of
his
body
,
the
remainder
to
his
second
Son
,
and
the
Heirs
males
,
the
like
remainder
to
his
third
Son
;
the
remainder
to
his
Daughter
in
Tail
,
with
remainder
over
;
Proviso
,
That
if
any
of
the
Devisees
or
their
Issues
shall
go
about
to
alien
,
discontinue
and
incumber
the
premisses
,
that
then
and
from
the
time
they
shall
go
about
to
alien
,
discontinue
,
&c.
their
estate
shall
cease
as
if
they
were
naturally
dead
;
and
from
thenceforth
it
should
be
Lawfull
for
him
in
the
next
remainder
to
enter
,
and
hold
for
the
life
of
him
who
shall
so
alien
,
&c.
and
presently
after
his
death
the
Land
shall
go
to
his
Issue
;
the
Devisor
dyeth
,
the
eldest
Son
and
all
the
other
but
the
second
Son
levy
a
Fine
,
the
second
Son
claimes
the
said
Land
by
the
Devisor
:
It
was
Resolved
in
this
Case
by
all
the
Justices
,
that
the
Proviso
of
ceasing
of
the
estates
upon
an
attempt
to
alien
or
upon
an
Alienation
,
was
repugnant
to
the
estate
Tail
,
and
that
remainder
which
was
limited
to
the
second
Son
upon
such
attempt
,
was
void
in
Law
.
St.
Johns
Case
.
473.
A.
Capias
ad
satisfaciend
.
was
directed
to
the
Sheriff
,
who
made
a
Warrant
to
a
special
Bayliff
to
execute
it
,
who
arrested
the
party
after
a
new
Sheriff
was
elected
,
but
had
not
received
his
Writ
of
discharge
;
adjudged
the
Writ
was
executed
well
;
but
otherwise
if
the
party
had
been
arrested
upon
the
Warrant
,
after
his
Writ
of
discharge
was
delivered
.
Godwin
and
Ishams
Case
.
474.
Error
of
a
Judgment
in
debt
upon
an
Oblation
to
perform
Covenant
in
an
Indenture
;
The
Covenant
was
,
That
if
the
Plantiff
pay
the
Defendant
100
l.
at
Mich.
then
the
Defendant
would
pay
him
10
l.
yearly
after
,
during
his
life
;
and
it
was
alledged
,
that
the
Defendant
did
not
pay
him
the
10
l.
yearly
,
but
did
not
mention
the
payment
of
the
100
l.
by
him
,
which
was
assigned
for
Error
:
It
was
adjudged
No
Error
;
because
the
Defendant
by
pleading
Conditions
performed
which
he
did
plead
,
had
confessed
the
payment
of
the
100
l.
to
him
by
the
Plaintiff
.
The
Judgement
was
affirmed
.
Woodlife
and
Vaughans
Case
.
475.
Words
,
viz.
He
hath
forsworne
himself
,
and
I
will
prove
him
perjured
,
or
else
I
will
pay
his
charges
:
Adjudged
the
words
are
actionable
notwithstanding
the
Disjunctive
,
or
else
I
will
pay
his
charges
.
Barton
and
Lever
and
Brownloes
Case
.
476.
Tenant
in
tail
,
upon
a
Recovery
had
,
came
in
as
Vouchee
;
It
was
Resolved
that
in
such
Case
,
he
had
barred
his
Issue
from
any
Writ
of
Error
,
to
reverse
the
Fine
,
and
it
was
said
,
That
it
was
adjudged
Mich.
32
Eliz.
in
Carringtons
Case
,
That
if
Tenant
in
Tail
levyeth
an
Erronious
Fine
,
and
afterwards
levyeth
another
Fine
,
the
Issue
in
Tail
was
barred
of
his
Writ
of
Error
,
upon
the
first
Fine
.
Rolls
and
Germins
Case
.
477.
It
was
Resolved
in
this
Case
;
where
the
Testator
retained
an
Attorney
of
the
Common
Pleas
,
to
prosecute
a
Suite
in
that
Court
;
That
an
Action
will
lye
for
his
Fees
which
be
due
to
him
in
that
Suit
against
the
Executor
of
the
Testator
,
because
the
Testator
in
such
Case
could
not
wage
his
Law
;
but
for
monies
expended
in
Suites
in
other
Courts
by
the
Attorney
,
the
Action
will
not
lye
.
Welcombs
Case
.
478.
Debt
brought
to
answer
to
Tho.
Welcomb
,
Excecutor
of
Joh.
Welcomb
;
The
Judgment
was
,
Quod
praedict.
Johis
recuperet
;
where
it
should
have
been
,
Quod
praedict.
Tho.
recuperet
.
Resolved
,
it
was
not
amendable
,
because
no
default
in
the
Judgment
is
amendable
,
being
the
Act
of
the
Judges
,
and
not
of
the
Clarks
.
479.
The
Bargainee
Covenanted
,
That
if
the
Bargainor
paid
a
certain
sum
of
money
at
a
certain
day
and
place
,
that
the
Bargainee
and
his
Heirs
would
stand
seised
of
the
Land
to
the
use
of
the
Bargainor
and
his
Heirs
,
and
entred
Recognizance
to
performe
the
Covenants
.
The
Bargainor
paid
the
money
before
the
day
,
at
another
place
,
and
after
day
tendred
a
deed
to
be
sealed
by
the
bargainee
,
containing
the
receit
of
the
mony
and
also
a
Release
of
all
his
right
in
the
Land
;
the
Bargainee
refused
to
Seal
it
:
The
Court
doubted
if
by
the
Refusal
the
Recognizance
was
forfeited
,
because
he
was
not
bound
to
Seal
the
Deed
,
not
being
pertinent
to
the
Assurance
of
the
Land
;
But
the
Court
conceived
,
that
the
acceptance
of
the
money
before
the
day
,
was
sufficient
to
excuse
the
forfeit
of
the
Recognizance
.
Isams
Case
.
480.
Three
Women
and
the
Husband
of
one
of
them
recovered
Debt
in
C.
B.
the
Record
was
removed
by
Error
in
B.
R.
where
the
Judgment
was
affirmed
;
the
Husband
dyed
:
The
Women
sued
forth
a
Capias
against
the
party
:
without
first
suing
a
scire
facias
;
It
was
adjudged
,
that
there
ought
to
have
been
a
scire
facias
first
sued
forth
,
because
the
Defendant
perhaps
had
a
Release
of
the
Husband
who
was
dead
to
plead
.
Morgan
and
Williams
Case
.
481.
An
Administrator
brought
debt
,
and
declared
,
That
Administration
was
Committed
to
him
by
A.
B.
sacrae
Theologiae
praefessorem
,
and
doth
not
say
loci
illius
Ordinarium
,
and
for
that
cause
the
Judgment
was
reversed
.
Sheffield
and
Rises
Case
.
482.
Assumpsit
,
In
consideration
that
the
Plaintiff
had
submitted
himself
to
the
Arbitrament
of
I.
S.
the
Defendant
ad
tunc
&
ibidem
assumpsit
;
It
was
said
the
Action
did
not
lye
,
because
it
was
upon
a
Consideration
executed
;
But
adjudged
for
the
Plaintiff
,
because
the
words
ad
tunc
&
ibidem
,
extend
to
the
time
of
the
Assumpsit
.
Sir
John
Perrots
Case
.
483.
In
Intrusion
against
the
Lady
Dorothy
Perrot
and
James
Perrot
,
the
Case
though
very
long
,
was
thus
in
effect
;
Sir
John
Perrot
26
Eliz.
before
his
Attainder
seised
of
diverse
Mannors
by
Indenture
tripartite
,
Reciting
that
whereas
he
had
2.
Sons
,
viz.
F.
and
W.
by
diverse
venters
,
for
Love
and
affection
which
he
bore
to
his
said
2.
Sons
,
and
such
other
Issue
male
as
should
be
of
his
body
,
and
for
the
Love
which
he
bo●e
to
I.
his
reputed
Son
;
and
other
Considerations
,
Covenanted
that
he
his
Heirs
and
Assigns
,
and
all
other
persons
who
had
Interest
in
the
said
Mannors
,
should
stand
seised
thereof
to
the
use
of
himself
for
life
,
without
impeachment
of
Wast
,
and
after
to
the
use
of
W.
for
life
,
and
after
to
the
use
of
the
first
Son
of
the
said
first
Son
for
life
,
and
after
to
the
use
of
all
the
Sons
and
Issues
male
of
the
said
W.
by
his
first
Wife
,
which
he
should
Marry
,
one
after
the
other
,
in
such
Course
and
forme
as
they
successively
ought
to
discend
by
due
course
of
Law
,
for
the
terme
of
the
lives
of
the
said
Sons
and
Issues
males
;
and
for
want
of
such
Issue
,
Then
he
limited
the
remainder
in
use
to
F.
for
life
,
and
after
to
his
first
Son
for
life
,
and
so
further
as
the
same
was
limited
to
W.
and
for
want
of
such
Issue
to
I.
and
for
want
of
all
such
Issue
,
the
remainder
to
himself
and
his
Heirs
and
Assignes
:
There
was
a
Proviso
,
for
the
making
of
Joyntures
to
the
Sonnes
Wife
;
Proviso
,
That
Sir
John
,
by
any
Writing
signed
and
sealed
with
his
hand
and
seal
,
might
revoke
,
alter
,
change
,
any
use
estate
or
limitation
in
the
said
tripartite
Indenture
,
that
then
the
said
Sir
John
and
all
other
seised
,
and
all
assurances
aforesaid
should
be
of
such
estate
,
or
in
such
manner
,
as
by
such
Revocation
,
enlargement
or
limitation
should
be
declared
;
W.
dyed
without
Issue
male
,
Sir
John
Perrot
afterwards
35
Eliz.
by
writing
under
his
hand
and
seal
,
did
limit
the
Lady
Dorothy
his
Wife
the
Defendant
for
her
Joynture
a
third
part
of
the
Mannors
in
3.
equal
parts
to
be
divided
:
36
Eliz.
T.
dyed
seised
in
possession
,
and
Dorothy
entred
and
took
the
3d.
part
of
the
profits
of
the
said
Mannor
,
and
averred
the
Feoffment
was
by
writing
,
with
and
under
the
proper
hand
of
Sir
John
and
traversed
the
Intrusion
,
upon
which
it
was
demurred
;
There
were
many
points
in
this
Case
,
both
upon
the
pleading
and
matter
in
Law
.
1.
If
all
the
estates
perpetually
limited
in
Freehold
for
life
to
all
the
Sons
were
void
;
or
which
of
them
were
good
,
which
void
.
2.
If
Sir
John
in
making
of
the
Feoffment
had
duly
pursued
the
Authority
limited
to
him
by
the
Proviso
.
3.
If
Sir
John
,
in
the
Assignment
of
the
Joynture
to
Dorothy
his
Wife
,
which
is
the
principal
title
by
which
she
Justifies
,
had
duly
pursued
the
Authority
limited
to
him
by
the
other
Proviso
for
making
of
Joyntures
.
The
Case
was
very
Learnedly
oftentimes
argued
at
large
,
and
Tr.
38
Eliz.
It
was
adjudged
for
the
Queen
against
the
Defendants
,
not
upon
the
matters
in
Law
,
but
upon
a
poynt
of
pleading
only
;
For
it
was
said
by
the
Barons
,
that
they
did
not
take
plea
sufficient
,
that
he
did
enfeoffe
such
person
Habend
,
to
them
and
their
Heirs
to
the
uses
in
the
Indentutres
,
unlesse
it
had
been
pleaded
the
Feoffment
was
by
writing
,
or
so
averred
to
be
,
which
shall
not
be
intended
so
to
be
without
special
pleading
,
or
averment
of
it
.
King
and
Hunts
Case
.
484.
Tenant
in
Tail
enfeoffed
his
Son
of
full
age
,
and
afterwards
disseised
and
levyed
a
Fine
with
Proclamation
;
before
the
last
Proclamation
,
the
Son
entred
and
made
a
Feoffment
,
the
Father
and
Son
dyed
,
the
Feoffee
made
a
Lease
for
years
to
a
stranger
and
dyed
seised
;
The
Issue
in
Tail
brought
a
Formedon
,
and
recovered
by
faint
pleader
:
It
was
adjudged
in
this
case
,
because
it
appeared
by
the
plea
That
the
Fine
was
levyed
to
the
Lessee
for
years
himself
,
and
not
averred
it
was
to
other
uses
,
the
Terme
was
extinct
,
and
so
he
could
not
falsifie
the
Recovery
.
East
and
Hardings
Case
.
485.
Note
,
It
was
adjudged
by
the
whole
Court
in
this
Case
.
That
if
a
Copyholder
cut
down
Trees
without
a
Custome
,
it
is
a
forfeiture
,
unlesse
it
be
for
Reparations
.
Barwicks
Case
.
486.
Intrusion
,
the
Case
was
:
That
the
Queen
made
a
Lease
to
Barwick
of
a
Mannor
for
21.
years
,
he
surrendered
the
same
to
the
Queen
,
Anno
23.
and
the
Queen
in
Consideration
of
the
surrender
,
granted
him
the
Mannor
a
die
Confectionis
of
the
Patent
for
the
life
of
I.
S.
and
the
Lessee
pur
auter
vye
,
devysed
the
same
to
him
for
40.
years
,
and
averred
the
life
of
I.
S.
The
Plaintiff
said
,
That
after
the
Lease
made
by
the
Queen
to
him
for
21.
years
,
that
he
granted
all
his
estate
in
a
part
of
the
Mannor
to
a
stranger
,
and
afterwards
in
Consideration
of
the
surrender
,
the
Queen
made
the
Lease
pur
auter
vye
.
Resolved
the
2d
.
Lease
made
by
the
Queen
was
void
,
because
all
in
the
first
Lease
was
not
surrendered
,
and
so
the
Queen
was
deceived
in
her
grant
.
2ly
.
That
the
Patent
a
die
Consectionis
for
life
was
void
.
3.
Resolved
,
That
the
Lessee
for
years
could
not
be
an
Occupant
against
the
Queen
.
Banks
and
Whetstones
Case
.
487.
A
Recovery
and
Judgment
was
in
a
base
Court
in
a
Plaint
in
detinue
of
4
l.
of
mony
,
the
Judgment
was
Reversed
,
because
that
Action
,
nor
a
Replevin
doth
not
lye
of
money
.
Hawle
and
Vaughans
Case
.
488.
In
a
Writ
of
Entry
in
the
Quibus
brought
in
Wales
,
the
Defendant
pleaded
Non
disseissivit
,
pendant
which
plea
,
the
general
pardon
35
Eliz.
was
made
by
which
all
Fines
,
Amercements
and
Contracts
were
produced
;
It
was
Objected
,
the
Defendant
ought
to
have
been
Amerced
,
because
the
general
pardon
did
not
discharge
the
Amercement
.
Resolved
,
the
Original
Cause
of
the
Amercement
was
the
Tort
,
and
contempt
that
he
did
not
render
the
Land
to
the
demandant
,
and
the
Original
Cause
being
pardoned
,
the
Amercement
which
is
the
Consequent
of
it
is
pardoned
.
Oland
and
Burdwicks
Case
.
489.
A
Woman
who
had
her
Widdowes
estate
of
Copyhold
Land
sowed
the
Land
,
and
before
severance
took
Husband
;
The
Lord
took
the
Emblements
,
and
adjudged
Lawfull
,
because
the
estate
of
the
Woman
determined
by
her
own
Act.
Short
,
Tucker
and
others
Case
.
490.
In
Replevin
,
the
Defendants
avowed
as
Bayliffs
of
the
Queen
for
an
Amercement
,
and
then
one
of
them
dyed
;
Adjudged
the
sute
should
not
abate
.
Harbin
and
Bartons
Case
.
491.
Two
Joynt
tenants
in
Fee
,
one
made
a
Lease
for
years
to
begin
after
his
decease
,
and
dyed
.
Resolved
,
it
was
a
good
Lease
against
the
survivor
.
Vide
Sharpner
and
Hardenhams
Case
,
adjudged
in
the
Dutchy
Chamber
accordingly
.
Gramminham
and
Ewres
Case
.
492.
The
Condition
of
an
Obligation
was
,
whereas
the
Obligee
is
bound
in
certain
Obligations
,
the
Obligor
is
to
deliver
them
to
the
Obligee
before
Mich.
or
else
,
if
the
Obligor
seal
an
acquittance
to
the
Obligee
,
such
as
the
Councel
of
the
Oblige
shall
devise
,
then
the
Obligation
to
be
void
.
Resolved
,
that
the
first
part
of
the
Condition
was
a
Condition
;
the
2d
.
part
of
it
gave
an
Election
to
the
Obligor
;
but
if
there
be
not
any
such
devise
of
Acquitance
,
yet
the
Obligor
is
to
performe
the
first
part
;
if
there
be
such
devise
of
an
Acquittance
,
the
Obligor
hath
his
election
;
but
if
the
Councel
devise
no
Acquittance
,
it
is
no
discharge
of
the
whole
Condition
.
Castleman
and
Hobbs
Case
.
493.
Words
,
viz.
Thou
hast
stolen
half
an
Acre
of
Corn
(
innuendo
Corne
severed
)
adjudged
the
words
not
actionable
.
But
if
he
had
said
,
he
had
stolen
so
many
Loads
or
Bushels
,
there
the
innuendo
shall
be
intended
Corn
severed
.
Wilson
and
Patemans
Case
.
494.
The
next
of
blood
sued
to
repeal
Letters
of
Administration
granted
to
a
stranger
,
pendant
which
the
stranger
sold
the
goods
,
and
afterwards
the
Administration
was
Repealed
and
granted
to
the
Plaintiff
;
It
was
Resolved
,
that
in
this
Action
the
Defendant
was
not
Chargeable
,
though
he
Converted
the
goods
(
The
Action
was
Trover
and
Conversion
)
and
the
fale
good
for
any
thing
appeareth
in
the
Case
.
Watsons
Case
.
495.
Debt
against
Executor
,
who
pleaded
fully
administred
;
the
case
was
,
the
Wife
of
the
Defendant
was
made
Executrix
,
and
she
by
fraud
to
deceive
the
Creditors
made
a
gift
of
the
goods
before
her
mariage
with
the
Defendant
,
and
yet
she
kept
them
,
and
took
Husband
the
Defendant
and
dyed
,
and
the
Husband
had
in
his
hands
so
much
of
the
goods
as
were
sufficient
to
pay
the
Creditors
;
It
was
adjudged
against
the
Defendant
,
because
he
had
confessed
himself
Executor
by
his
plea
of
fully
Administred
,
and
the
property
of
the
goods
did
not
passe
from
the
Wife
by
the
grant
,
the
same
being
by
fraud
.
Richardson
and
Yardleys
Case
.
496.
A
man
devised
Lands
to
his
Wife
for
life
,
and
after
to
his
Son
,
and
if
he
shall
dye
without
Issue
,
to
the
Child
which
his
Wife
goeth
with
,
she
being
great
with
Child
,
and
its
issues
in
Tail
;
And
if
my
Wife
dye
and
my
Children
without
Issue
of
my
Children
living
,
then
Land
to
remain
to
I.
S.
and
his
Wife
,
and
after
their
death
to
the
their
Children
:
The
point
was
,
if
I.
S.
had
an
estate
Tail
,
or
an
estate
for
life
,
the
remainder
in
Tail
to
his
Children
;
The
Court
was
divided
in
opinion
,
but
the
better
opinion
seemed
to
be
,
that
he
had
an
estate
Tail
.
Quaere
.
Reynolds
and
Claytons
Case
.
497.
Debt
upon
Obligation
of
60
l.
The
Case
was
,
it
was
agreed
between
the
Plaintiff
and
Defendant
14
December
,
that
the
Plaintiff
should
lend
the
Defendant
30
l.
to
be
repayed
the
first
of
June
following
,
and
that
the
Plaintiff
should
have
3
l.
for
the
forbearance
,
if
the
Plaintiffs
Son
should
be
then
living
,
and
if
he
died
,
then
to
repay
but
26.
l.
of
the
principal
money
.
It
was
Resolved
,
that
it
was
an
Usurious
contract
within
the
Statute
of
13.
Eliz.
of
Vsury
.
Roos
and
Awdwicks
Case
.
498.
In
Ejectione
firme
,
the
case
was
:
A.
seised
of
Lands
,
made
a
Lease
to
I.
S.
Habendum
to
him
and
his
Assignes
for
his
own
Life
,
and
for
the
lives
of
two
of
his
Sons
;
the
Lessee
made
a
Lease
at
Will
and
died
,
he
in
the
Reversion
entred
upon
the
Tenants
at
Will
.
Resolved
,
It
was
a
good
Lease
for
three
Lives
against
the
Lessor
,
and
if
the
Lessee
made
an
Assignment
of
it
,
it
shall
be
good
for
the
three
Lives
,
but
if
he
do
not
,
the
Occupant
shall
have
it
for
the
two
Lives
,
after
the
death
of
the
Lessee
himself
.
Wrights
Case
.
499.
Quare
Impedit
:
It
was
Resolved
in
this
Case
,
That
if
a
Church
become
void
by
Cession
,
viz.
by
making
the
Incumbent
Bishop
,
that
the
Queen
shall
have
the
Presentation
and
not
the
Patron
.
Hide
and
the
Dean
and
Canons
of
Windsors
Case
.
500.
Covenant
:
The
case
was
,
Lessee
for
years
covenanted
Reparare
&
sustentare
domus
,
&c.
ad
omnia
tempora
necessaria
durante
Termino
,
and
did
not
covenant
for
him
and
Assignes
:
Upon
Issue
joyned
it
was
found
for
the
Plaintiff
;
Error
brought
,
because
the
Issue
is
non
permisit
essem
de
casu
,
and
the
Covenant
is
Reparare
;
The
Court
held
it
no
Error
,
because
non
reparare
is
all
one
with
permittere
esse
in
decasu
.
2.
It
was
Resolved
,
that
the
Covenant
did
lie
against
the
Assignee
,
though
Assignees
were
not
named
in
it
,
because
it
was
a
Covenant
inherent
to
the
Land
.
Marshall
and
Vincents
Case
.
501.
In
a
Scire
facias
against
the
Bail
;
he
pleaded
that
the
Plaintiff
had
arrested
the
party
who
was
condemned
in
Execution
in
the
Sta●nary
Court
,
so
as
he
could
not
render
his
Body
;
Adjudged
,
no
Plea
,
because
he
might
remove
his
Body
,
with
a
Corpus
cum
causa
,
and
so
bring
him
into
this
Court.
Sawyer
and
Hardys
Case
.
502.
A
Lease
was
made
to
a
Widdow
for
40.
years
,
upon
this
Condition
,
Si
tamdiu
vixerit
vidna
,
&
inhabitaret
supra
praemissa
:
She
died
within
the
Term
being
a
Widdow
:
Adjudged
the
Term
was
not
determined
,
but
should
go
to
her
Executors
;
Otherwise
if
the
Lease
is
made
for
40.
years
,
if
she
shall
so
long
live
a
Widdow
;
And
so
note
there
is
a
difference
between
a
Limitation
and
conditional
words
.
Harris
and
Vandergies
Case
.
503.
Resolved
in
this
case
that
an
Administrator
shall
have
Trespass
de
bonis
asportatis
in
vita
of
the
Inteste
,
by
the
enquiry
of
the
Statute
of
4.
E.
3.
Dudley
and
Knights
Case
.
504.
In
Debt
;
The
Issue
was
if
the
Plaintiff
habuit
gavisus
fuit
&
possidebat
,
the
Office
of
Bedelry
of
the
Court
of
Conscience
of
the
Bishop
of
London
,
it
was
found
occupavit
Officium
praedictum
.
It
was
said
that
occupavit
did
not
amount
to
Gavisus
fuit
vel
habuit
,
but
the
Court
held
it
good
enough
.
Lassels
and
Lassells
Case
.
505.
Action
upon
the
case
by
the
Father
against
the
Son
,
for
those
words
spoken
by
him
of
his
Father
,
viz.
My
Brother
hath
stollen
a
Black
Mare
,
and
you
were
privy
to
it
,
and
sent
her
away
to
the
Fens
to
my
Brothers
House
:
Adjudged
the
words
were
slanderous
,
being
spoken
of
a
Justice
of
Peace
.
Jenkingson
and
Wrays
Case
.
506.
Words
,
viz.
John
Jenkingson
,
meaning
the
Plaintiff
,
deserveth
to
have
his
Ears
naild
to
the
Pillory
;
Adjudged
the
words
are
actionable
,
being
spoken
of
an
Attorney
.
Bale
and
Rodes
Case
.
507.
Words
.
viz.
There
is
a
Villain
now
broken
into
my
Mothers
house
,
to
rob
my
Mother
,
and
is
in
the
house
,
innuendo
the
Plaintiff
.
The
Court
doubted
if
the
innuendo
did
reduce
the
words
to
be
spoken
of
the
Plaintiff
.
Barbers
Case
.
508.
Words
.
viz.
The
Plaintiff
hath
bin
in
prison
for
stealing
M.
Pigotts
horse
;
Qu.
If
the
Action
lieth
because
he
doth
say
that
he
had
stole
the
Horse
.
Atkinsons
Case
.
509.
After
a
Recovery
of
Detinue
,
the
Defendant
upon
the
Distring
as
pleaded
,
that
after
the
Judgment
he
had
delivered
the
Goods
to
the
Plaintiff
:
Adjudged
no
Plea
,
without
being
returned
by
the
Sheriff
,
or
without
a
Deed
shewing
it
.
Pen
and
Glovers
Case
.
510.
Lessee
for
years
of
a
Mannor
,
covenanted
that
he
nor
his
Assigns
would
m●lest
,
vex
,
or
put
out
any
Tenant
from
his
Tenancy
,
upon
payment
of
forfeiture
.
A
breach
was
assigned
,
that
the
Lessee
entred
upon
the
possession
of
A.
a
Tenance
of
the
Mannor
,
and
beat
,
and
wounded
,
and
troubled
the
said
A.
for
his
Tenement
.
It
was
adjudged
no
breach
without
an
Ouster
,
or
disturbing
him
of
the
profits
of
it
.
Carith
and
Reades
Case
.
511.
A
Lease
was
made
of
certain
Fenny
Grounds
in
the
County
of
Cambridge
,
the
Lessee
covenanted
to
drein
certain
other
Lands
in
the
said
County
not
in
the
Lease
;
and
in
Covenant
brought
,
he
pleaded
that
the
Lessor
had
entred
upon
the
Land
let
:
Adjudged
no
Plea
,
because
the
Covenant
was
collateral
,
and
not
for
doing
any
thing
inherent
to
the
Land
ler.
Besey
and
Hungerfords
Case
.
512.
The
Venire
fac
.
was
returned
the
first
day
of
the
Term
,
and
the
Roll
gave
day
before
the
Term
,
and
Issue
was
joyned
and
tried
upon
it
.
The
Court
said
the
Roll
is
the
Warrant
for
the
Writ
:
The
Court
held
the
Writ
issued
without
Warrant
,
and
the
same
was
not
aided
by
the
Statute
of
18
Eliz.
for
that
that
Statute
aids
only
Discontinuance
,
Miscontinuance
,
and
Misconveying
of
parties
.
Ap
Richard
and
Penrys
Case
.
513.
In
a
Quod
ei
Desorceat
in
Wales
,
in
the
Nature
of
a
Writ
of
right
,
Issue
was
joyned
and
tried
upon
the
meer
Right
:
The
Demandant
upon
Non-suit
was
barred
by
Judgment
,
and
a
new
Quod
ei
desorceat
brought
,
and
the
first
Judgment
pleaded
in
Bar
;
It
was
adjudged
a
good
Bar
,
and
Judgment
final
given
;
It
was
the
opinion
of
the
Justices
,
in
Error
brought
and
assigned
that
final
Judgment
should
not
be
given
upon
the
Demurrer
,
That
this
Judgment
was
good
,
and
the
Judgment
was
affirmed
.
Gawen
and
Ludlows
Case
.
514.
Note
.
It
was
Resolved
in
this
case
,
That
if
in
a
Replevin
the
Defendant
claims
property
,
the
Plaintiff
may
have
a
Writ
de
proprietate
probanda
,
althought
it
be
two
or
three
years
after
,
because
by
the
claime
of
the
property
,
the
first
Suit
is
determined
.
Wilford
and
Mashams
Case
.
515.
A
constitution
in
London
is
,
That
an
Apothecary
who
sells
unwholsome
Drugs
,
should
forfeit
a
certain
pain
:
The
Defendant
sold
unwholsome
Drugs
in
London
,
for
which
the
Chamberlain
of
London
brought
Debt
in
London
for
the
pain
;
Adjudged
maintainable
there
,
by
their
By-laws
and
Customs
.
Wild
and
Copemans
Case
.
516.
Words
,
viz.
Thou
art
a
forsworn
man
,
for
thou
wert
forsworn
in
the
Leet
.
Adjudged
the
words
actionable
,
because
a
Leet
is
a
Court
of
Record
.
Borough
and
Taylors
Case
.
517.
The
Queen
made
a
Lease
rendring
Rent
,
with
condition
if
the
Rent
was
behind
by
the
space
of
40.
days
,
that
the
Lease
should
cease
;
the
Rent
was
payable
at
the
receipt
of
the
Exchequer
;
afterwards
the
Queen
granted
the
Reversion
:
It
was
adjudged
that
in
this
case
,
the
Grantee
ought
to
demand
the
Rent
upon
the
Lands
and
not
at
the
Receipt
of
the
Exchequer
,
for
that
the
Grant
had
altered
the
place
of
payment
.
Belchamber
and
Savages
Case
.
518.
Debt
was
recovered
against
the
Defendant
by
another
,
who
sued
Execution
,
and
the
Plaintiff
was
Sheriff
and
had
the
Defendant
in
Execution
,
and
he
escaped
,
and
the
Sheriff
paid
the
condemnation
,
and
brought
an
Action
against
the
Defendant
,
who
pleaded
,
that
the
Goaler
licensed
him
to
escape
;
Adjudged
no
Plea
.
Beckford
and
Parncotts
Case
.
519.
A
man
seised
of
Lands
in
A.
had
Issue
four
Daughters
,
viz.
A.
B.
C.
and
D.
and
devised
all
his
Lands
in
A.
to
A.
and
B.
his
two
Daughters
,
and
made
them
his
Executors
:
Afterwards
he
purchased
other
Lands
in
A.
a
Stranger
was
desirous
to
purchase
those
Lands
which
he
had
new
purchased
;
and
he
said
,
That
the
Land
should
go
with
the
residue
of
his
Lands
to
his
Executors
.
Afterwards
,
the
Testator
made
a
Codicill
,
and
caused
it
to
be
annexed
to
his
Will
,
but
in
the
Codicill
no
mention
was
made
of
this
Land
;
and
if
the
new
purchased
Land
should
pass
by
the
Will
,
without
a
new
publication
of
this
Land
,
was
the
Question
:
Resolved
,
the
Land
newly
purchased
should
not
pass
;
for
,
notwithstanding
that
the
reading
of
the
Will
,
and
making
a
new
Codicil
may
amount
to
a
new
publication
,
yet
it
doth
not
manifest
the
intent
of
the
Devisor
that
more
shall
pass
,
then
that
which
he
intended
at
the
first
;
and
the
reading
of
the
Will
,
and
making
a
new
Codicill
,
may
not
be
termed
a
new
publication
,
without
an
express
publication
for
the
Land
newly
purchased
,
therefore
the
Land
shall
not
pass
by
it
.
Ascue
and
Hollingsbrooks
Case
.
520.
The
case
was
,
A.
acknowledged
a
Statute
Merchant
at
Lincoln
,
before
the
Mayor
there
,
to
which
Statute
there
wanted
the
Seal
appointed
by
the
Statute
of
Acton
Burnell
;
wherefore
the
Conusee
brought
Debt
upon
it
in
Co.
B.
and
had
Judgment
;
Error
was
brought
,
and
the
Judgment
was
reversed
,
because
it
was
not
an
Obligation
,
for
it
shall
not
be
taken
to
be
an
Obligation
,
without
express
proof
of
the
delivery
of
it
as
an
Obligation
.
2.
Because
three
were
bound
jointly
in
it
,
and
the
Action
was
brought
against
one
of
them
only
,
and
so
the
Writ
did
abate
upon
the
Plaintiffs
own
suing
.
Strowde
and
Willis
Case
.
521.
Debt
upon
an
Obligation
:
The
Condition
was
,
If
the
Obligor
shall
pay
the
Rent
of
37
l.
yearly
at
two
Feasts
,
according
to
the
intent
of
certain
Articles
of
Agreement
made
between
the
Obligor
and
Obligee
,
during
the
Term
,
that
then
,
&c.
The
Defendant
pleaded
the
Articles
did
contain
,
That
the
Obligor
Dimisit
&
ad
forman
tradidit
to
the
Defendant
omnia
talia
domus
,
tenementa
&
terras
in
Parochia
de
Y.
in
quibus
the
Obligee
had
an
Estate
for
Life
by
Copy
,
according
to
the
custom
of
the
Mannor
;
Habendum
for
21.
years
,
if
the
Obligee
should
so
long
live
,
rendring
to
the
Obligee
during
the
Term
37.
l.
to
be
paid
at
the
Castle
of
C.
and
further
pleaded
,
That
at
the
time
of
the
making
of
the
Articles
,
the
Obligee
had
not
any
Estate
in
any
Lands
,
Houses
,
&c.
in
Y.
for
term
of
Life
by
Copy
,
upon
which
Plea
the
Plaintiff
demurred
.
There
were
two
points
in
the
case
.
1.
If
nothing
passed
by
the
Articles
,
and
so
the
Reservation
of
the
Rent
is
vod
.
2.
If
the
Obligation
for
payment
of
the
Rent
was
void
.
It
was
Resolved
upon
the
first
point
,
That
no
Rent
is
reserved
,
for
the
Lease
did
never
begin
,
and
therefore
the
Rent
should
not
.
For
the
second
point
the
Court
differed
in
opinion
:
Fenner
Justice
,
held
the
Condition
of
the
Bond
is
to
pay
the
Rent
according
to
the
Articles
,
which
is
,
That
if
the
Lessee
have
not
the
Land
,
the
Lessor
shall
not
have
the
Rent
.
Papham
cont
.
That
the
Obligor
is
bound
to
pay
it
,
although
nothing
was
dimised
to
him
,
for
that
by
the
Bond
he
hath
made
it
a
Sum
in
gross
,
and
it
is
altered
from
the
nature
of
a
Rent
,
and
he
is
bound
to
pay
the
Rent
or
Sum
,
and
if
this
be
either
of
them
,
he
must
pay
it
.
Qu.
There
is
no
Judgment
in
the
Case
upon
that
point
.
Alsop
and
Claydons
Case
.
522.
Assumpsit
;
That
the
Defendant
upon
good
consideration
promised
to
pay
the
Plaintiff
5
l.
when
he
should
be
required
:
The
Jury
found
that
the
Defendant
promised
to
pay
,
but
found
no
Request
;
wherefore
it
was
adjudged
against
the
Plaintiff
.
Perin
and
Corbets
Case
.
523.
In
an
Appeal
,
the
Defendant
was
acquitted
of
the
Murder
,
and
found
guilty
of
Man-slaughter
:
It
was
agreed
in
that
case
,
that
the
Plaintiff
could
not
be
Nonsuit
.
Brown
and
Brinckleys
Case
.
524.
The
Plaintiff
declared
that
he
was
produced
for
a
Witness
:
the
Defendant
said
he
was
disproved
before
the
Justices
of
Assize
,
by
the
Oath
of
K.
innuendo
that
he
was
disproved
in
his
Oath
:
Adjudged
that
the
Action
did
not
lie
,
for
the
innuendo
cannot
supply
such
intendment
.
Adderby
and
Bouthbyes
Case
.
525.
Assumpsit
:
in
consideration
the
Plaintiff
would
be
Bail
for
one
F.
in
a
Plaint
that
Adderby
had
brought
in
London
against
F.
the
Defendant
did
promise
to
save
the
Plaintiff
harmless
touching
the
Bail
,
and
shewed
a
Recovery
was
against
F.
and
2.
Cap.
returned
non
est
inventus
,
upon
which
Process
issued
against
the
Bail
,
who
paid
the
money
,
and
the
Defendant
had
not
saved
him
harmless
.
It
was
found
upon
Non
assumpsit
,
the
first
Action
was
entred
by
the
name
of
Adderby
,
and
the
Bail
accordingly
,
and
that
the
Decleration
was
by
the
name
of
Adderley
:
It
was
adjudged
,
that
although
the
Jury
found
the
Assumpsit
,
yet
the
special
matter
proves
the
Plaintiff
had
no
cause
of
Action
,
for
he
was
not
damnified
by
reason
of
the
Bail
,
at
the
Suit
of
Adderby
,
for
which
the
Assumpsit
was
,
but
he
was
wrongfully
taken
if
he
was
Bail
for
Adderley
,
against
whom
the
Recovery
was
had
;
whereas
in
truth
he
was
not
Bail
for
him
;
wherefore
it
was
judged
against
the
Plaintiff
.
Austin
and
Twins
Case
.
526.
The
Patronages
of
two
Churches
adjoyning
within
one
mile
,
were
belonging
to
one
Parson
,
and
both
being
void
and
of
the
value
of
7
l.
in
the
Queens
Books
,
the
Ordinary
made
an
union
of
them
,
at
the
request
of
the
Patron
,
which
was
afterwards
confirmed
by
the
Patron
and
the
Queen
.
Qu.
If
a
good
union
.
Tusking
and
Edmonds
Case
.
527.
A
Lease
was
made
of
Tythes
rendring
Rent
at
a
place
out
of
the
Parish
,
with
clause
to
be
void
upon
non
payment
.
Adjudged
,
the
Lessor
is
to
make
his
demand
of
the
Rent
at
the
place
,
and
for
not
payment
the
Lease
is
void
.
Broughton
and
Mulshoes
Case
.
528.
False
Imprisonment
;
The
Defendant
justified
that
he
was
Constable
,
and
the
Plaintiff
being
in
the
presence
of
a
Justice
of
Peace
,
not
having
opportunity
to
examine
him
,
commanded
he
Dedant
to
take
the
Plaintiff
into
his
custody
till
the
next
day
,
which
he
did
accordingly
.
It
was
adjudged
a
good
Justification
,
though
not
alledged
what
cause
the
Justice
had
to
imprison
the
Plaintiff
.
Megs
and
Griffins
Case
.
529.
Words
;
viz.
I.
S.
told
me
that
he
heard
say
,
That
thou
didst
poyson
thy
first
Husband
,
and
that
he
died
of
that
poyson
,
with
an
averment
that
I.
S.
near
told
the
Defendant
so
.
Yet
adjudged
,
that
neither
words
,
nor
the
averment
of
them
,
were
sufficient
to
maintain
the
Action
.
Brokes
Case
.
530.
Words
spoken
of
a
Merchant
,
viz.
He
is
a
false
man
,
and
I
will
prove
it
,
and
be
keepeth
a
false
Debt-book
,
for
he
charged
me
with
a
Piece
of
three
Piled
Velvet
,
which
I
never
had
.
Adjudged
,
the
Action
did
not
lie
without
saying
,
That
by
disswasion
of
Customers
or
other
,
they
did
not
deal
with
him
,
nor
that
they
would
not
trust
him
.
The
Lord
de
la
Ware
and
Pawlets
Case
.
531.
Words
spoken
of
the
Plaintiff
in
open
Sessions
,
viz.
You
have
perverted
Justice
,
and
to
your
shame
and
dishonour
I
will
prove
it
;
adjudged
the
words
actionable
.
Weekes
and
Taylors
Case
.
532.
Words
,
viz.
he
hath
laid
in
wait
to
rob
,
and
was
one
of
them
that
would
have
robbed
me
;
adjudged
actionable
,
though
he
was
not
robbed
.
Carters
Case
.
533.
Words
,
viz.
Carter
is
a
proging
,
pilfring
Merchant
,
and
hath
pilfred
away
my
co●n
from
my
Wife
and
my
Servants
,
and
this
I
will
stand
to
;
adjudged
the
words
are
not
actionable
.
Bowyer
and
Jenkins
Case
.
534.
Action
upon
the
case
for
words
spoken
at
B.
in
the
County
of
S.
the
Defendant
justified
that
he
spake
the
worda
at
C.
at
a
Tryal
there
,
being
produced
as
a
Witnesse
by
Subpoena
and
sworn
:
The
Plaintiff
said
,
de
injuria
sua
propria
,
and
found
for
the
Plaintiff
,
and
because
the
venire
was
from
B.
whereas
it
ought
to
have
been
from
C.
where
the
Justification
was
;
It
was
adjudged
Error
.
Penniman
and
Rawbanks
Case
.
535.
Action
for
slandring
his
Title
,
That
the
Plaintiff
was
seised
of
Land
and
put
it
to
sale
;
and
the
Defendant
said
,
I
wish
not
any
man
to
deal
with
the
Land
,
for
I
know
one
that
hath
a
good
Title
to
it
,
and
the
parties
will
not
depart
with
their
interest
for
any
reason
.
The
Defendant
Justified
,
that
he
had
a
Lease
in
Reversion
of
it
,
and
at
will
of
other
part
.
It
was
replied
,
de
injuria
sua
propria
,
and
found
for
the
Plaintiff
:
Resolved
by
the
Justices
,
If
one
saith
he
hath
Title
or
Interest
to
anothers
Land
,
an
action
doth
not
lye
although
he
hath
no
Title
;
but
when
he
saith
that
another
hath
Title
,
he
cannot
salve
the
same
by
applying
the
same
to
himself
for
his
Justification
.
Shaw
and
Thompsons
Case
.
536.
A
Woman
recovered
Dower
of
a
Copyhold
within
the
Mannor
,
and
40
l.
damages
,
because
her
Husband
dyed
seised
;
and
she
brought
Debt
for
the
damages
in
B.
R.
adjudged
it
did
not
lye
,
because
the
Court
Baron
could
not
hold
plea
,
not
award
Execution
of
40
l.
damages
,
although
the
damages
were
there
well
assessed
.
Huntbage
and
Shepheards
Case
.
537.
The
Issue
in
an
Ejectione
firme
was
,
if
Jemet
the
Wife
of
the
Defendant
was
alive
at
the
time
;
The
Jury
found
Julian
,
the
Wife
of
the
Defendant
was
alive
;
It
was
the
opinnion
of
the
Justices
,
they
cannot
be
intended
one
person
,
without
finding
that
by
the
Custome
of
the
Country
,
Weomen
baptized
by
the
name
of
Julian
,
had
been
called
Jemet
.
Stile
and
Buts
Case
.
538.
Trespas
for
carrying
away
Clay
,
the
Defendant
Justified
by
a
Prescription
as
a
Tenant
of
the
Mannor
,
but
because
the
Clay
was
digged
by
another
,
and
not
by
the
Tenant
,
the
Justification
was
ruled
not
to
be
good
.
Doggerell
and
Pok●s
Case
.
539.
Covenant
upon
an
Apprentiship
,
the
Defendant
pleaded
a
By-law
in
London
where
he
was
Apprentice
by
the
Common
Councell
,
That
if
any
Freeman
takes
to
Apprentice
the
Son
of
an
Alien
,
the
Bonds
and
Covenants
should
be
void
;
It
was
adjudged
no
plea
,
for
that
the
Common
Councel
cannot
make
the
Bonds
and
Covenants
void
,
but
may
Impose
a
Fine
upon
the
Master
for
taking
such
an
Apprentice
.
Bab
and
Clerks
Case
.
540.
False
Imprisonment
;
the
Defendat
Justified
,
That
the
Borough
of
St.
Albans
had
authority
by
Charter
to
make
By-lawes
,
and
they
made
a
By-law
,
That
if
any
Burgesses
give
opprobrious
words
to
the
Major
,
he
should
be
Imprisoned
of
the
Major
at
his
pleasure
;
and
that
he
being
Major
,
sent
an
Officer
to
the
Defendant
being
a
Burgesse
,
to
come
to
the
Common
Hall
for
the
affairs
of
the
Town
;
and
he
sent
him
this
Answer
,
Let
the
Major
come
to
me
if
he
will
,
for
I
will
not
come
to
him
.
Adjudged
,
the
Justification
was
not
good
,
that
the
By-law
was
not
Lawfull
,
and
that
the
words
were
not
opprobrious
words
.
Reynold
and
Purchowes
Case
.
541.
Assumpsit
,
where
the
Plaintiff
had
recovered
4
l.
against
the
Defendant
in
Consideration
the
Plaintiff
had
given
him
3
l.
he
promised
to
acknowledge
satisfaction
,
and
had
not
done
it
.
It
was
said
it
was
no
Consideration
to
pay
that
to
him
which
is
due
;
The
Court
held
the
Consideration
good
,
because
speedy
payment
will
excuse
and
prevent
travail
and
expense
of
Suit
.
Gregory
and
Blasfields
Case
.
542.
Error
of
a
Judgment
in
Ludlow
upon
the
Statute
of
4
and
5
Mar.
for
weaving
of
wollen
Cloathes
;
It
was
assigned
,
that
the
Statute
of
5
Eliz.
had
abrogated
that
Statute
;
The
Court
said
,
the
Statute
of
5
Eliz.
had
not
abrogated
,
it
but
encreased
the
penalty
;
But
because
the
Suit
was
there
by
Bill
or
plaint
,
but
ought
not
to
be
but
by
Writ
or
Information
,
the
Judgment
there
was
Erroneous
.
543.
The
Custome
of
a
Mannor
was
layed
to
be
,
That
if
a
Copyholder
hath
2.
Sons
and
a
Wife
,
and
dyes
,
and
the
eldest
Son
hath
Issue
and
dyeth
in
the
life
of
the
Wife
,
the
younger
Son
shall
have
the
Land
.
The
Issue
being
upon
the
Custome
,
The
Jury
found
the
Custome
,
That
the
younger
Son
shall
have
the
Land
unlesse
the
eldest
was
admitted
in
his
life
,
and
paid
the
Lords
Fine
;
The
Court
held
the
verdict
to
be
insufficient
to
prove
the
Issue
.
Walter
and
Dawes
Case
.
544.
Assumpsit
upon
a
promise
to
pay
20
l.
yearly
for
10.
years
to
the
Testator
of
the
Plaintiff
,
in
consideration
the
Testator
had
granted
him
the
Office
of
the
Clerk
of
the
Fines
in
the
Counties
of
B.
&
C.
and
Glamorgan
;
The
Defendant
pleaded
he
did
not
exercise
the
said
Office
,
and
the
Venire
was
awarded
in
the
County
of
Worcester
;
It
was
adjudged
against
the
Plaintiff
,
because
there
they
cannot
take
Notice
of
the
Issue
.
Necton
and
the
Wardens
of
Wexchandlers
Case
.
545.
The
Plaintiff
sued
a
Prohibition
against
the
Defendant
,
upon
Libell
exhibited
by
them
for
a
Legacy
given
to
them
by
the
Testator
of
the
Plaintiff
;
The
Plaintiff
surmised
,
that
there
were
divers
Obligations
for
monies
depending
and
Suits
;
But
in
Conclusion
the
Defendants
had
a
Consultation
,
upon
security
to
repay
the
Legacies
to
be
there
recovered
by
them
,
if
any
things
were
Recovered
by
the
Excecutors
upon
the
Obligations
.
Vide
this
case
more
largely
Reported
in
Cr.
3.
part
467.
Wright
and
Major
and
Commonalty
of
Wickhams
Case
.
546.
Error
was
brought
to
reverse
a
Fine
,
viz.
that
the
Ancestor
dyed
mean
between
the
Teste
and
the
Return
of
the
Writ
of
Covenant
;
The
Defendant
pleaded
,
that
after
the
death
of
the
Father
the
Plaintiff
entred
into
parcell
of
the
Land
and
made
a
Feoffment
;
It
was
the
opinion
of
the
Court
,
that
he
was
barred
by
his
entry
and
Feoffment
of
part
upon
the
difference
.
If
a
man
hath
an
Action
to
Land
,
if
he
suspend
or
extinguish
it
in
part
,
it
is
extinct
in
the
whole
;
but
if
he
hath
right
to
Land
,
he
may
Release
or
suspend
it
in
part
,
and
remain
good
for
the
Residue
;
and
upon
this
point
the
Judgment
was
reversed
.
Welshes
Case
.
547.
Note
,
It
is
the
same
case
,
with
the
case
of
Attonwood
,
Reported
at
Large
in
Cook
1.
p.
of
his
Reports
,
upon
the
points
there
more
largely
debated
and
adjudged
;
and
therefore
I
have
forborn
here
to
abridge
it
.
I
shall
mention
this
case
put
by
Pirriam
Justice
,
viz.
If
Tenant
in
tail
be
the
remainder
in
tail
,
the
remainder
to
the
Queen
,
and
Tenant
in
tail
commits
Treason
,
and
the
Queen
makes
a
Lease
;
and
the
Tenant
in
tail
dyeth
without
Issue
,
and
afterwards
he
in
the
Remainder
dyeth
without
Issue
;
that
this
Lease
shall
continue
good
upon
the
Reversion
.
Lord
Darcies
Case
.
548.
Quo
Warranto
,
for
using
a
liberty
to
be
exempt
of
Purveyance
,
The
Defendant
pleaded
that
King
Edward
4
granted
to
the
Dean
and
Cannons
of
St.
Pauls
and
their
successors
,
the
said
liberty
within
all
their
Lands
,
and
averres
,
that
they
were
seised
of
the
Land
in
which
at
the
time
of
the
Grant
,
and
that
afterwards
the
said
Lands
came
to
Edw.
6.
who
granted
the
same
to
his
Grandfather
and
his
Heirs
,
with
a
Clause
de
tanta
,
talia
,
&
consimilia
libertates
,
&c.
quae
,
quot
,
qualia
,
&
quanta
,
the
Dean
and
Canons
or
their
predecessors
ever
had
,
by
reason
of
any
Charter
Grant
of
any
of
the
Progenitors
of
the
said
King
,
with
a
general
non
obstante
aliquo
Statuto
,
&c.
It
was
Replyed
that
27
H.
8.
it
was
enacted
by
Parliament
,
that
the
Kings
Purveyors
should
execute
their
Commission
in
all
places
aswell
within
Liberties
as
without
,
any
Charter
,
&c.
notwithstanding
.
The
Court
was
of
opinion
for
the
Queen
,
because
at
the
time
of
the
Grant
of
tot
,
tanta
,
&
talia
libertates
,
the
liberty
of
Exemption
was
extinct
by
the
Act
of
Parliament
,
and
the
Kings
intent
was
not
to
grant
such
a
Liberty
as
was
excinct
;
and
as
to
the
non
obstante
it
was
not
sufficient
being
general
;
but
if
the
Grant
,
or
non
obstante
had
been
particular
,
there
the
Grant
should
have
been
good
.
Matthew
and
Woods
Case
.
449.
Judgement
was
given
in
B.
R.
in
an
Action
upon
the
case
for
words
;
the
Plaintiff
there
brought
another
Action
in
C.
B.
for
the
same
words
and
had
Judgment
to
recover
;
Error
was
brough
upon
the
Judgment
in
B.
R.
the
Court
was
of
opinion
to
confirme
the
Judgment
in
B.
R.
but
they
in
discretion
would
not
grant
execution
upon
it
,
but
only
upon
the
Judgment
in
their
own
Court
.
Thimblethorps
Case
.
550.
Words
,
viz.
when
wilt
thou
bring
home
my
Husbands
sheep
which
thou
hast
stollen
?
adjudged
actionable
,
and
the
damages
to
be
paid
by
the
Husband
.
Hilliard
and
Constables
Case
.
551.
Words
spoken
of
the
Plaintiff
a
Justice
of
Peace
and
Vice
President
of
York
,
viz.
He
is
a
blood-sucker
,
and
thirsteth
after
blood
;
but
if
any
man
will
give
him
a
couple
of
Capons
or
a
score
of
Weathers
,
he
will
take
them
;
It
was
adjudged
the
words
were
not
Actionable
,
because
he
may
thirst
for
blood
in
care
of
Justice
.
Wheeler
and
Collyers
Case
.
552.
Assumpsit
against
an
Administrator
:
whereas
the
Intestate
was
in
his
life
endebted
to
him
17
l.
in
consideration
the
Plaintiff
would
deliver
to
the
Administrator
6.
barrells
of
Beere
,
he
promised
to
pay
the
whole
20
l.
being
found
for
the
Plaintiff
.
Judgment
was
stayed
because
the
action
did
not
lye
joynt
,
for
two
sums
of
money
.
Colmans
Case
.
553.
In
consideration
of
4
d.
one
promised
to
pay
10
l.
upon
non
Assumpsit
,
Damage
shall
be
given
to
10
l.
and
not
to
4
d.
adjudged
.
Awder
and
Nokes
Case
.
554.
Lessee
for
years
assigned
over
his
Terme
by
deed
to
I.
S.
and
Covenanted
that
I.
S.
and
his
assignes
should
enjoy
the
Land
during
the
Terme
without
Interruption
of
any
.
After
I.
S.
assigned
over
his
Terme
by
word
,
and
the
Assigne
being
disturbed
,
brought
Covenant
;
adjudged
it
did
lye
,
although
the
Assignement
was
but
by
word
,
because
there
was
privity
of
estate
.
Paramoure
and
Darings
Case
.
555.
The
Condition
of
an
Obligation
was
to
pay
all
Legacies
which
I.
S.
had
bequeathed
by
his
Will
;
Adjudged
,
the
Defendant
shall
be
estopped
to
say
I.
S.
made
no
Will
;
but
he
may
plead
,
he
gave
not
any
Legacies
by
his
Will.
Grene
and
Bufkyns
Case
.
556.
The
Statute
of
31
H.
8.
gave
all
Colledges
dissolved
to
the
Crown
,
in
which
there
is
a
Clause
,
that
the
King
and
his
Pattentees
should
hold
discharged
of
Tythes
as
the
Abbots
held
:
Afterwards
the
Statute
of
1
Edw.
6.
gave
all
Colledges
to
the
Crown
,
but
there
is
in
it
no
Clause
of
Discharge
of
Tythes
:
The
Parson
Libelled
in
the
spiritual
Court
;
and
the
Farmor
of
the
Lands
of
the
Colledge
of
Maidston
in
Kent
brought
a
Prohibition
upon
the
Statute
of
31
H.
8.
The
Court
was
clear
of
opinion
,
that
the
King
had
the
Lands
of
the
Colledge
by
the
Statute
of
1
E.
6.
and
not
by
the
Statute
of
31
H.
8.
But
the
Justices
doubted
,
the
Lands
comming
to
the
King
by
that
Statute
,
whether
they
should
be
discharged
of
Tythes
by
the
Statute
,
of
31
H.
8.
there
being
no
Clause
in
the
Statute
of
1
Edw.
6.
for
dicharge
of
Tythes
;
but
it
was
Resolved
by
the
Justices
,
that
unity
without
Composition
or
Prescription
was
a
sufficient
discharge
of
Tythes
by
the
Statute
of
31
H.
8.
557.
Action
upon
the
case
,
for
that
the
Defendant
made
a
Conigree
in
his
own
Lands
;
and
that
the
Conies
entred
into
the
Plaintiffs
Land
and
destroyed
his
Corne
;
Resolved
,
that
the
Action
did
not
lye
;
because
they
were
not
the
Defendants
Conies
when
they
were
out
of
his
Warren
;
But
in
that
case
,
it
was
holden
,
that
the
Erection
of
a
Conigree
,
or
a
Dove
Cote
was
presentable
in
a
Leet
and
finable
there
.
558.
Note
,
Resolved
in
the
Court
of
Common
Pleas
,
by
the
Justices
there
,
That
an
Information
doth
not
lye
upon
the
Statute
for
Tanning
of
Leather
,
but
only
in
the
Courts
of
Record
at
Westminster
;
and
not
in
any
other
Inferior
Courts
.
The
Queen
and
Hussies
Case
.
559.
Tenant
in
Tail
of
an
Advowson
,
the
reversion
to
the
King
in
32
H.
8.
granted
it
to
the
King
and
his
Heirs
,
the
King
granted
the
Advowson
to
the
party
presented
,
Tenant
in
Tail
dyed
without
Issue
,
the
Church
became
void
;
Resolved
that
the
Advowson
did
passe
out
of
the
Kings
Reversion
,
after
the
estate
Tail
was
determined
,
and
that
a
Quare
Impedit
brought
by
the
Queen
did
not
lye
.
But
in
this
case
,
it
was
Resolved
,
That
a
double
presentation
would
not
put
the
Queen
out
of
possession
,
if
she
had
had
Right
.
Nevill
and
Barringtons
Case
.
560.
After
Issue
joyned
in
an
Ejectione
firme
,
and
the
Jury
at
the
barre
ready
to
try
the
Issue
;
A
Writ
was
brought
to
the
Justices
not
to
proceed
Regina
inconsulta
,
in
the
Nature
of
Aide
,
and
after
great
debate
,
the
same
was
allowed
by
the
Court
;
Vide
aide
in
personal
actions
,
2
R.
313.
Fennor
and
Plasketts
Case
.
561.
It
was
Resolved
in
this
case
,
That
if
the
Husband
distrain
for
Rent
due
to
the
Wife
dum
sola
fuit
,
and
Rescous
be
made
,
he
alone
may
have
a
Writ
of
Rescous
,
or
at
his
Election
joyne
his
Wife
with
him
in
the
Writ
.
562.
A
Rescous
was
returned
without
shewing
the
place
where
Rescous
was
,
and
the
party
was
discharged
.
Hinson
and
Baradges
Case
.
563.
If
the
Jury
challenge
the
Sheriff
and
the
challenge
be
confessed
,
although
the
Jury
be
removed
,
and
a
new
Sheriff
chosen
;
Yet
Resolved
,
The
proces
shall
go
to
the
Coroners
.
564.
It
was
Resolved
in
this
case
,
that
Ejectione
firme
doth
not
lye
de
pecea
terrae
.
Hollman
and
Collins
Case
.
565.
A
Judgment
in
the
Court
of
Plimouth
was
reversed
,
because
the
stile
of
the
Court
was
Placita
coram
I.
Majori
,
&c.
and
did
not
say
,
secundum
Consuetudinem
villae
,
nec
per
litter
as
Patentes
,
&c.
Kelsick
and
Nicholsons
Case
.
566.
Two
Executors
were
,
and
one
of
them
gave
the
Obligation
to
a
Stranger
for
the
payment
of
his
own
Debt
,
and
died
;
The
survivor
brought
Detinue
.
It
was
adjudged
the
Action
did
not
lie
.
Sowel
and
Garrets
Case
.
567.
A
devise
was
made
to
the
Son
,
and
if
he
die
without
Issue
,
or
before
his
age
of
21
years
,
it
shall
remain
to
another
;
the
Son
had
Issue
but
dyed
before
21.
years
:
Adjudged
the
Son
should
have
the
Land
,
and
not
he
in
the
Remainder
,
and
in
that
Case
(
Ou
)
was
construed
for
(
Et.
)
Buckler
and
Harvyes
Case
.
568.
The
case
is
very
long
,
but
this
in
effect
;
Tenant
for
Life
,
the
Remainder
in
Fee
;
Tenant
for
life
made
a
Lease
for
years
,
the
Lessee
entred
.
Tenant
for
Life
granted
the
Tenements
to
C.
Habendum
,
the
Tenements
from
the
Feast
of
Mich
following
for
Life
,
the
Lessee
for
years
attornes
,
C.
enters
and
makes
a
Lease
at
Will
,
to
whom
the
Tenant
for
Life
levied
a
Fine
Come
Ceo
,
&c.
he
in
the
Remainder
entred
:
In
this
Case
it
was
Resolved
,
first
that
the
Grant
to
C.
was
void
,
for
that
an
Estate
of
Freehold
cannot
begin
at
a
day
to
come
.
2.
That
the
Grant
being
void
at
the
beginning
,
the
attornment
afterwards
cannot
make
it
good
.
3.
When
C.
entred
by
color
of
the
Grant
,
he
was
a
Disseisor
.
4
If
the
Fine
had
been
levied
to
the
Disseisor
himself
,
he
who
had
the
right
to
the
Remainder
,
might
have
entred
for
the
forfeiture
.
5.
That
the
Fine
levyed
to
the
Tenant
at
Will
was
a
forfeiture
,
and
he
in
the
Remainder
entring
upon
it
,
had
purged
the
Diseisin
.
6.
It
was
Resolved
in
this
case
,
that
if
the
Diseisee
levieth
a
Fine
to
a
Stranger
,
the
Diseisor
shall
retain
the
Land
for
ever
,
for
that
the
Diseisee
against
his
own
Fine
cannot
claim
,
but
by
the
Fine
,
the
Right
is
extinct
of
which
the
Diseisor
shall
take
advantage
Abraham
and
Twiggs
Case
.
569.
A
seised
of
Land
in
Fee
,
by
his
Will
in
writing
devised
40.
l.
annuity
to
I.
S.
for
Life
,
with
clause
of
distress
payable
at
Mich.
and
our
Lady-day
,
and
died
.
The
Rent
was
behind
at
our
Lady-day
,
35
Eliz.
I.
S.
distrained
;
a
Replevin
was
brought
,
and
the
Plaintiff
in
the
Replevin
said
,
●hat
before
A.
was
seised
,
that
B.
was
seised
in
Fee
,
and
enfeoffed
divers
persons
to
the
use
of
himself
and
the
Heirs
of
his
Body
,
the
Remainder
to
the
use
of
G.
Et
haeredum
masculorum
suorum
legitimè
procreatorum
,
&
pro
defectu
talis
exitus
,
ad
usum
I.
D.
et
haeredum
masculorum
suorum
legitimè
procreat
.
&
pro
defectu
talis
exitus
ad
opus
&
usum
rect.
haered
dicti
G.
imperpe●uum
.
B.
died
without
Issue
;
G.
had
Issue
A.
the
Devisor
:
The
principal
point
in
the
Case
was
,
If
the
Limitation
to
the
use
of
G.
and
his
Heirs
Males
lawfully
begotten
,
and
for
want
of
such
Issue
,
ut
supra
,
without
the
words
Heirs
Males
of
his
Body
,
was
an
Estate
tail
,
or
a
Fee
simple
in
G.
for
if
tail
,
then
the
Devisor
his
his
Son
was
seised
in
tail
,
and
his
Will
of
the
Rent
void
:
It
was
Resolved
he
was
seised
in
Fee-simple
,
and
not
in
tail
,
for
default
of
the
words
,
Heirs
of
his
body
in
the
limitation
of
the
use
.
Wrights
Case
.
570.
In
a
Prohibition
in
this
case
,
it
was
holden
by
the
Court
,
that
the
Bishop
of
Winchester
might
prescribe
that
he
and
his
Praedecessors
,
Farmers
and
Tenants
of
Temporal
Lands
,
had
held
their
Lands
discharged
from
the
payment
of
Tythes
,
and
so
might
any
other
spiritual
person
;
but
Temporal
persons
could
not
prescribe
in
non
Decimando
,
but
in
modo
Decimando
,
they
might
prescribe
.
Marsh
and
Curties
Case
.
571.
Ejectione
firme
;
The
case
was
,
A
seised
in
Fee
,
let
a
Messuage
,
and
20.
acres
of
Land
for
years
rendring
Rent
,
Provided
the
Lessee
shall
not
parcel
out
any
of
the
Lands
from
the
House
.
The
Lessee
devised
the
house
and
10.
acres
for
half
a
year
,
reserving
the
other
10.
acres
;
the
Lessor
at
the
next
day
accepted
of
the
Rent
,
and
notwithstanding
entred
upon
the
Land
,
the
Lease
not
being
expired
.
It
was
Resolved
,
That
the
words
in
the
Proviso
,
were
a
condition
.
2.
That
the
condition
was
broken
by
the
Devise
of
the
House
,
with
parcell
of
the
Land
,
as
well
as
if
he
had
devised
the
whole
Land
:
But
some
of
the
Justices
were
of
opinion
,
that
the
acceptance
of
the
Rent
after
the
condition
was
broken
,
had
dispensed
with
the
condition
,
and
had
barred
them
of
his
entry
for
the
condition
broken
,
especially
if
the
Lessor
had
notice
of
the
Condition
broken
at
the
time
of
the
acceptance
of
the
Rent
.
Quaere
.
The
Lord
Norris
and
Barretts
Case
.
572.
Debt
for
an
Amercement
in
a
Leet
;
The
case
was
,
The
Abbot
of
A.
was
seised
of
the
Hundred
of
H.
in
Com.
B.
and
of
Leet
appendant
to
it
,
to
be
holden
by
prescription
once
in
the
year
at
Easter
.
The
Dissolution
of
the
Abby
was
found
,
and
that
the
Towns
of
C.
and
N.
with
20.
other
Towvs
were
in
the
Hundred
:
King
Edward
the
Sixt
granted
to
L.
divers
Lands
in
N.
which
was
parcel
of
the
possessions
of
the
Abby
,
and
also
granted
to
him
Omnes
&
omnimodas
Curias
,
Leetas
,
Perquisitiones
&
proficua
Curiarum
&
Leetarum
,
fines
,
amerciamenta
in
N.
seu
in
eorum
aliqua
,
seu
alicui
inde
parcellae
modo
spectant
.
sive
pertinent
.
With
a
further
Clause
that
L.
and
his
heirs
should
have
tot
talia
tanta
hujusmodi
&
consimilia
,
curias
,
Leetas
,
fines
,
amerciament
.
quaecunque
prout
Abbas
,
&c.
Infra
Messuagia
terras
,
tenementa
&
caetera
praemissa
&
quamlibet
inde
parcellam
.
Afterwards
Ed.
6.
granted
the
Hundred
and
the
Leet
to
I.
B.
and
I.
D.
which
by
mean
conveyances
came
to
the
Plaintiff
.
L.
conveyed
the
Land
to
his
second
Son
,
under
whom
the
Defendant
claims
.
It
was
the
opinion
of
the
Justices
,
That
L.
had
not
any
Leet
by
the
Grant
nor
any
Amercement
,
nor
was
discharged
from
the
general
Leet
,
because
the
first
clause
of
the
Patent
is
restrained
to
Leets
and
Amercements
,
belonging
or
appertaining
to
the
Land
granted
;
and
the
Leet
which
the
Abbot
and
King
had
,
was
appertaining
to
the
Hundred
,
and
not
to
Land
.
2.
That
L.
could
not
have
the
like
Leet
as
the
Abbot
:
for
when
eadem
may
be
had
,
and
the
Plaintiff
hath
words
to
have
eadem
,
if
he
fail
of
eadem
,
he
shall
not
have
Consimile
,
for
eadem
remains
in
the
King
,
and
if
the
King
hath
a
Leet
,
none
other
can
have
a
Leet
in
the
same
place
,
because
two
Leets
cannot
be
in
one
place
simul
&
semel
.
Laughton
and
Gardiners
Case
.
573.
In
Action
upon
the
Case
;
Upon
a
Latitat
the
Sheriff
returned
a
Cepi
&
habeo
Corpus
paratum
,
which
he
had
not
,
and
the
Defendant
did
demur
to
it
:
Adjudged
the
Action
did
lie
,
because
by
his
demur
the
Defendant
hath
confessed
his
false
Retorn
;
but
if
he
had
pleaded
the
Statute
of
23.
H.
6.
and
shewed
he
had
taken
Bail
,
the
Action
would
not
lie
.
Nicholas
and
Badgers
Case
.
574.
The
Defendant
in
an
Action
upon
the
case
for
words
by
his
Council
gave
in
evidence
,
That
one
I.
S.
had
stollen
certain
Sheep
,
and
that
by
compart
betwixt
the
Plaintiff
and
I.
S.
the
Plaintiff
did
take
a
Lease
of
a
Close
of
I.
S.
in
D.
to
help
him
to
cloak
,
and
to
keep
him
from
the
Felony
;
and
that
he
said
,
He
would
affirm
all
to
be
true
that
the
Council
had
said
.
It
was
adjudged
that
for
these
words
a
new
Action
did
lie
;
for
although
they
do
not
accuse
him
as
an
accessary
to
the
Felony
but
for
misprision
of
Felony
,
which
is
not
Fineable
;
yet
it
is
a
great-scandal
of
any
man
to
say
,
That
he
cloaks
Felony
:
Note
in
this
Case
;
It
was
Resolved
that
an
Action
upon
the
Case
,
doth
not
lie
against
a
Counsellor
for
delivering
slanderous
words
in
evidence
.
Boneham
and
Springs
Case
.
575.
Assumpsit
in
London
;
The
Defendant
pleaded
a
Concord
in
another
County
,
for
all
Matters
in
any
County
except
London
,
absque
hoc
,
that
he
promised
in
London
;
the
Plaintiff
said
he
promised
in
London
,
absque
hoc
,
that
there
is
any
such
Accord
,
although
this
was
a
Traverse
upon
a
Traverse
,
yet
it
was
adjudged
good
.
Montague
and
Jeoffries
Case
.
A
seised
in
Fee
of
the
Mannor
of
M.
and
of
Lands
called
G.
expectant
upon
a
Lease
for
years
,
by
his
Will
he
devised
the
Mannor
and
G.
to
the
Defendant
,
and
afterwards
he
covenanted
with
I.
S.
to
make
a
Feoffment
to
the
use
of
himself
,
and
E.
the
daughter
of
I.
S.
whom
he
did
intend
to
marry
,
which
was
by
Letter
of
Attorney
,
executed
in
the
Mannor
,
not
in
G.
nor
any
Atonement
of
the
Tenant
of
it
.
He
married
E.
and
afterwards
in
the
Will
with
his
own
hand
,
where
he
had
made
M.
his
Daughter
his
Executor
,
he
added
these
words
,
viz.
E.
my
Wife
,
and
then
died
▪
It
was
the
opinion
of
the
Justices
in
this
case
,
that
the
Feoffment
did
countermand
the
whole
Will
;
but
they
doubted
whether
the
writing
of
the
new
words
in
the
Will
was
a
new
publication
of
it
.
The
Lady
Greshams
Case
.
577.
Scire
facias
to
execute
a
Recognizance
acknowledged
in
Chancery
;
accordingly
B.
the
Defendant
pleaded
in
abatement
of
it
;
that
B.
was
seised
of
three
Acres
,
at
the
time
of
the
Recognizance
whereof
I.
S.
was
now
seised
,
not
named
in
the
Writ
;
they
were
at
Issue
upon
the
Seisin
,
and
it
was
found
that
B.
and
another
were
jointly
seised
and
enfeoffed
I.
S.
It
was
said
that
although
the
moyetie
of
the
Land
was
extendable
,
yet
the
Writ
as
brought
should
abate
.
Corbet
and
Downings
Case
.
578.
An
Obligation
was
taken
by
the
Sheriff
for
an
appearance
at
Westminster
;
and
the
Term
was
adjourned
to
St.
Albans
,
and
the
party
appeared
there
;
adjudged
he
had
not
forfeited
his
Obligation
:
Qu.
If
the
word
Westminster
in
the
condition
,
did
not
make
the
Bond
void
,
because
by
the
Statute
of
22.
H.
6.
there
is
not
any
such
name
in
the
Writ
.
Blodwell
and
Edwards
Case
.
579.
The
case
was
;
B.
made
a
Feoffment
in
Fee
to
the
use
of
himself
for
Life
,
and
after
to
the
use
of
such
Issue
of
the
Body
of
M.
from
eldest
to
eldest
,
as
were
reputed
to
be
begotten
by
the
said
B.
whether
it
be
lawfull
or
unlawful
.
It
was
adjudged
in
this
Case
,
That
it
was
a
good
Remainder
,
limitted
to
a
Bastard
;
for
a
Son
in
reputation
,
is
sufficient
to
make
him
a
Purchaser
.
580.
It
was
Resolved
by
the
Justices
,
that
Fenny
ground
dreined
,
should
pay
Tythes
,
and
was
not
barren
Land
within
the
Statute
to
be
discharged
of
Tythes
for
seven
years
.
Mounson
and
Wests
Case
.
581.
In
Assise
:
The
parties
were
at
Issue
upon
the
Seisin
and
Diseisin
;
the
Jury
found
West
Tenant
,
and
that
he
disseised
the
Demandant
;
Nisi
such
words
in
a
Will
give
the
Tenant
a
Title
:
It
was
said
the
Verdict
was
imperfect
,
because
of
the
words
,
nisi
,
&c
:
but
the
Court
held
the
Verdict
good
enough
,
for
the
finding
of
the
Disseisin
,
implies
a
Seisin
also
.
Walford
and
Mashams
Case
.
582.
Resolved
that
an
Alien
borne
under
the
Obedience
of
an
Enemy
of
the
King
,
may
have
Debt
upon
an
Obligation
for
personal
things
.
Palmer
and
Porters
Case
.
583.
Action
upon
the
case
against
the
Bailiff
of
N.
for
that
upon
a
fieri
fac
.
directed
to
the
Sheriff
of
N.
return
Octob.
Mich.
he
sent
his
Warrant
to
the
Defendant
being
Bailiff
of
N.
to
execute
it
,
who
returned
Nulla
bona
,
&c.
before
Mich.
and
at
Mich.
they
were
removed
from
their
Office
,
and
new
Chosen
:
Resolved
,
it
was
a
void
Return
;
for
the
Sheriff
ought
not
before
Octob.
Mich.
have
accepted
return
of
Nulla
bona
,
for
he
might
have
some
afterwards
,
and
before
the
return
of
the
Writ
,
and
the
return
by
them
after
Mich.
being
out
of
their
Office
was
void
;
but
if
they
had
executed
the
Writ
before
Mich.
then
the
Sheriff
might
have
accepted
of
their
return
before
Mich.
but
not
after
.
Hobs
and
Tadcastles
Case
.
584.
Audita
querela
;
the
case
was
,
A.
sued
a
Bill
of
Debt
against
B.
who
found
bail
the
Plaintiff
and
another
:
Afterwards
B.
was
was
condemned
and
dyed
without
paying
the
consideration
or
rendring
his
body
.
A.
scire
fac
.
was
sued
against
the
Plaintiff
his
Bail
and
upon
2.
Nihils
returned
Execution
was
awarded
against
him
;
Whereupon
he
brought
the
Audita
querela
:
It
was
prayed
he
might
be
discaarged
out
of
Execution
,
for
that
it
is
now
become
impossible
by
the
act
of
God
,
the
principal
should
render
his
body
,
and
there
was
never
any
Capias
awarded
against
him
in
his
life
time
.
The
Court
held
it
very
unreasonable
to
sue
Execution
against
the
bail
,
till
a
fault
was
returned
in
the
principal
and
the
Recognisance
of
the
bail
is
,
that
the
principal
shall
render
himself
,
which
is
to
be
intended
upon
Capias
awarded
against
him
:
Judgment
was
given
for
the
Plaintiff
in
the
Audita
querela
,
and
he
was
discharged
out
of
Execution
.
Slade
and
Morleys
Case
.
585.
A
man
sowed
his
Land
with
Corne
,
and
sold
the
Corne
to
the
Defendant
for
16
l.
to
be
paid
at
Midsomer
next
;
and
the
Defendant
in
consideration
of
such
sale
promised
to
pay
the
money
at
Midsomer
,
but
did
not
;
upon
which
Assumpsit
was
brought
;
It
was
the
greater
opinion
of
the
Justices
in
the
Exchequer
Chamber
,
that
the
Action
did
not
lye
,
because
properly
Debt
did
lye
,
in
which
the
Defendant
might
wage
his
Law
.
Robins
,
Gerrard
and
Princes
Case
.
586.
The
Case
very
long
,
in
effect
was
this
:
A
man
is
Admitted
,
Instituted
and
Inducted
into
a
Benefice
with
Cure
of
the
value
of
8
l.
and
afterwards
the
King
presents
him
to
the
Church
of
D.
which
is
a
Benefice
with
Cure
,
and
he
is
admitted
and
Instituted
.
The
Archbishop
grants
to
him
Letters
of
Dispensation
for
plurality
,
which
Letter
the
King
confirmes
,
and
afterwards
he
is
Inducted
to
the
Church
of
D.
It
was
adjudged
in
this
case
,
that
the
Dispensation
came
too
late
,
because
it
came
after
the
Institution
;
for
by
the
Institution
the
Church
is
full
against
all
persons
,
but
against
the
King
,
and
as
to
the
Spiritualties
he
is
full
Parson
by
the
Institution
.
2.
Resolved
,
that
admit
the
Church
was
not
void
by
the
Institution
untill
Induction
:
Yet
the
Dispensation
came
too
late
,
for
that
the
words
of
the
Satute
of
21
H.
8.
of
Pluralities
are
(
may
purchase
Licence
to
receive
and
keep
two
Benefices
with
Cure
of
Souls
,
)
and
the
words
of
Dispensation
in
this
case
,
were
recipere
&
retinere
,
and
because
by
the
Institution
the
Church
was
full
,
he
could
not
purchase
Licence
to
receive
that
which
he
had
before
,
and
he
cannot
retaine
that
which
he
cannot
receive
.
The
Queen
and
Cattons
Case
.
587.
Scire
fac
.
to
repeal
a
Patent
made
29
Jan.
35
Eliz.
which
Recited
,
Whereas
A.
and
B.
conjunctim
&
divisim
were
bound
by
Obligation
to
the
Queen
in
a
1000
l.
dated
21
April
33
Eliz.
with
Condition
that
A.
should
stand
to
the
award
of
I.
S.
for
controversies
betwixt
him
and
C.
which
Obligation
is
become
forfeited
,
and
Recites
that
the
Queen
by
Pat.
30.
Jan.
3●
Eliz.
had
granted
to
C.
and
his
Wife
,
the
said
Writing
Obligation
and
sum
of
1000
l.
in
the
same
contained
;
ita
ut
praefertur
forisfact
.
and
that
at
the
suit
of
C.
in
the
Name
of
the
Queen
Judgment
was
given
,
that
the
Queen
should
have
Execution
of
1000
l.
prout
per
Recordum
Judicii
,
&c.
Now
to
the
intent
that
C.
should
have
the
said
Obligation
,
The
Queen
ex
certa
scientia
,
&c.
granted
praedict.
Scriptum
Oblig
.
&
summam
1000
l.
&
totum
advantagium
Judicii
praedict.
to
the
said
C.
and
his
Wife
with
power
to
sue
in
her
Name
;
It
was
Resolved
in
this
case
,
that
the
Queen
was
deceived
in
her
grant
,
because
she
recites
she
had
granted
before
the
Obligation
by
her
Pat.
33
Eliz.
whereas
in
trueth
nothing
passed
by
that
Patent
for
want
of
true
Recital
of
the
Condition
.
Turner
and
Oldfields
Case
.
588.
A
Prohibition
to
the
Admiralty
,
because
they
Libelled
in
the
Admiral
Court
upon
a
Charterparty
to
have
the
third
part
of
goods
taken
upon
the
Sea
by
Letters
of
Mart
,
whereas
the
matter
was
tryable
upon
the
Land
,
and
not
in
the
Admiralty
by
reason
of
the
Indenture
of
Charterparty
.
Lutterells
Case
.
589.
It
was
Resolved
by
the
Justices
in
this
Case
;
If
one
be
seised
of
Lands
to
which
another
hath
right
of
Entry
,
and
the
Tenant
in
possession
levyes
a
Fine
with
Proclamation
,
That
he
who
hath
right
ought
to
enter
in
possession
,
or
make
a
special
Warrant
to
one
to
enter
for
him
,
and
a
stranger
cannot
enter
in
his
name
and
avoid
the
Fine
.
Gybon
and
Bowyers
Case
.
590.
Upon
Recovery
an
Ejectione
firme
in
the
Court
of
Ancient
Demesne
,
a
Writ
de
Execu●●me
Judicii
was
awarded
to
the
suitors
,
who
returned
they
did
not
execute
the
Writ
,
because
the
Land
was
Franck
Fee
,
as
appeared
to
them
by
the
Transcript
of
a
Fine
shewed
to
them
;
the
Return
was
dissallowed
by
the
Court
,
because
the
parties
allowed
the
Jurisdiction
of
the
Court
at
first
,
and
that
the
Lands
in
Frank
Fee
ought
to
have
been
pleaded
,
so
as
the
other
party
might
answer
to
them
.
Vicary
and
Farthings
Case
.
691.
The
Issue
was
upon
full
age
,
and
2
Church
bookes
were
given
in
evidence
,
whereof
one
was
delivered
to
the
Jury
in
Court
,
the
other
was
delivered
to
the
Jury
by
the
sollicitor
of
one
of
the
parties
without
the
Assent
of
the
other
;
and
that
was
endorsed
upon
the
Postea
:
The
Court
was
divided
in
opinion
if
the
verdict
was
good
or
nor
.
Wentworth
and
Russells
Case
.
592.
Two
Tenants
in
Common
of
a
Mannor
brought
a
Parco
fracto
,
and
it
was
adjudged
maintenable
,
without
shewing
how
they
were
Tenants
in
Common
.
Maine
and
Scots
Case
.
593.
A
man
made
a
Lease
for
years
by
Indenture
,
and
Covenanted
with
the
Lessee
upon
surrender
of
his
Lease
,
to
make
to
him
during
the
Terme
a
new
Lease
.
The
Lessor
accepted
of
a
Fine
sur
Conusans
dedit
come
ceo
,
and
by
that
Fine
rendred
the
Land
to
the
Conusee
for
80.
years
;
It
was
adjudged
,
that
the
Lessor
had
disabled
himself
to
make
the
Lease
,
and
therefore
the
condition
was
broken
,
and
Covenant
did
lye
without
a
Surrender
.
Partrrdge
and
Naylors
Case
.
594.
Judgment
was
against
3.
persons
in
an
Action
brought
against
them
upon
the
Statute
of
1.
and
2.
Phil.
and
Ma.
for
Impounding
a
distresse
in
several
Pounds
,
and
damages
assessed
which
were
trebled
by
the
Court
,
and
5
l.
a
piece
forfeitures
;
because
there
ought
to
have
been
but
one
5
l
forfeiture
,
because
all
the
3.
Defendants
offended
in
a
joynt
offence
.
Hollins
and
Connards
Case
.
595.
Debt
upon
Obligation
to
performe
Covenants
;
which
was
,
That
the
Obligor
should
make
assurance
before
such
a
day
of
Land
to
the
Obligee
and
his
Wife
at
the
Costs
of
the
Obligee
;
but
there
was
no
request
in
the
Covenant
:
It
was
adjudged
that
in
this
Case
,
that
the
Obligor
having
election
what
manner
of
Assurance
he
will
make
,
ought
first
to
give
notice
to
the
Obligee
,
that
he
would
make
such
an
Assurance
,
and
then
the
Obligee
is
to
pay
the
Costs
of
it
.
Monday
and
Levices
Case
.
596.
In
a
Prohibition
,
it
was
adjudged
,
it
was
not
a
good
prescription
,
that
Inhabitants
have
used
to
pay
Calves
and
Lambs
,
and
1
d.
for
every
Milch
Cow
in
satisfaction
of
all
Tythes
of
Lambs
,
Calves
,
Milch
Kine
,
and
all
barren
and
rother
beasts
,
and
Agistments
.
Linch
and
Spencers
Case
.
597.
Ejectione
firme
,
the
Case
was
,
Sir
R.
B.
was
seised
of
Lands
in
Fee
,
and
thereof
enfeoffed
W.
and
others
upon
condition
,
that
that
they
should
regrant
it
to
him
and
his
Wife
in
Tail
,
the
remainder
to
the
right
Heirs
of
Sir
R.
B.
who
regranted
it
accordingly
.
Sir
Robert
and
his
Wife
had
Issue
A.
B.
Sir
Robert
dyed
,
A.
B.
levyed
a
Fine
with
Proclamation
to
Sir
G.
B.
the
Lessor
to
him
and
his
Heirs
,
to
the
use
of
him
and
his
Heirs
;
Tha
Mother
afterwards
le●
the
Land
to
the
Defendant
for
life
and
dyed
.
Sir
G.
B.
entred
upon
the
Defendant
,
pretending
his
entry
to
be
Lawfull
by
the
Statute
of
11
H.
7.
It
was
Resolved
,
1.
That
Sir
G.
B.
was
such
a
person
who
might
enter
for
the
forfeiture
within
the
Statute
,
and
that
by
this
Fine
Levyed
by
A.
B.
in
the
life
of
his
Mother
,
the
estate
Tail
is
barred
thereby
;
and
the
remainder
in
Fee
passed
by
that
Fine
to
Sir
G.
B.
so
as
he
had
the
remainder
at
the
time
of
the
discontinuance
made
and
the
wronges
done
to
him
,
and
then
he
is
within
the
words
and
intent
of
the
Statute
to
take
advantage
of
the
forfeiture
.
The
Countesse
of
Northumberlands
Case
.
598.
In
a
Quare
Impedit
brought
by
divers
the
Defendant
pleaded
the
Release
of
one
of
them
depending
the
Writ
.
It
was
Resolved
,
1.
That
it
should
go
in
Bar
against
him
only
.
2.
Resolved
,
That
a
presentment
alledged
in
the
grantee
of
the
next
Avoydance
,
and
not
in
the
grantor
himself
,
was
a
good
title
for
the
grantor
and
his
Heirs
in
a
Quare
Impedit
.
Harvey
and
Oswalds
Case
.
599.
A
man
let
Land
rendring
rent
upon
Condition
,
that
the
Lessee
should
not
demyle
it
without
the
assent
of
the
Lessor
;
he
demysed
part
of
it
,
the
Lessor
without
Notice
accepted
the
whole
rent
of
the
first
Lessee
;
It
was
adjudged
he
might
enter
for
the
condition
broken
notwithstanding
the
acceptance
,
because
he
had
not
notice
of
the
condition
broken
;
contra
if
he
had
notice
of
it
,
although
the
condition
was
Collateral
.
Blinco
and
Marsons
Case
.
600.
A
Vicar
Libelled
in
the
Spiritual
Court
,
to
have
Tythes
of
the
gleab
of
the
Parson
,
and
a
prohibition
was
granted
,
for
that
the
gleab
shall
pay
no
Tythes
.
Kirton
and
Hoptons
Case
.
601.
In
Appeal
of
Mayhem
,
the
Defendant
pleaded
to
the
Writ
,
and
pleaded
over
to
the
Mayhem
:
It
was
adjudged
,
that
he
ought
not
to
plead
over
to
the
Mayhem
but
only
where
life
is
in
Jeopardy
;
wherefore
a
venire
was
to
try
the
Issue
of
Notguilty
.
Coote
and
Lighworths
Case
.
602.
False
Imprisonment
;
the
Defendant
had
justified
,
that
he
had
a
Warrant
to
arrest
I.
D.
and
he
demanded
of
the
Plaintiff
what
was
his
Name
?
he
answered
his
name
was
I.
D.
therefore
he
arrested
him
;
adjudged
for
the
Plaintiff
,
for
that
the
Defendant
at
his
peril
ought
to
take
notice
of
the
party
.
Sharpe
and
Swaines
Case
.
603.
A
Feoffment
was
made
of
a
house
and
Land
which
was
within
the
View
of
the
house
,
and
the
deed
of
Feoffment
was
delivered
in
the
house
only
:
It
was
adjudged
no
Livery
for
the
Land
;
Popham
Chief
Justice
said
,
it
was
not
good
for
the
house
.
Barkby
and
Forsters
Case
.
604.
A
man
brought
Assumpsit
in
B.
R.
and
declared
,
whereas
16.
December
at
the
request
of
the
Defendant
,
he
delivered
to
the
Defendant
100
l.
to
the
use
of
the
Defendants
Father
;
the
Defendant
promised
,
to
repay
it
to
the
Plaintiff
ad
vel
ante
the
first
of
May
following
,
The
Defendant
pleaded
the
Plaintiff
had
brought
an
Accoumpt
against
him
for
the
same
money
,
and
declared
the
money
to
be
delivered
10
December
,
and
prayed
Judgment
of
the
Action
pendant
;
the
Accoumpt
upon
Error
brought
the
Judgment
was
affirmed
,
because
damages
are
recoverable
in
this
Action
,
but
not
in
an
Accoumpt
.
Blowfield
and
Withes
Case
.
605.
Debt
against
2.
one
was
taken
in
Execution
,
and
suffered
to
escape
by
the
Goaler
.
It
was
adjudged
,
that
Execution
might
be
sued
out
against
the
other
.
606.
Judgment
;
a
Writ
of
Entry
was
reversed
because
the
Name
of
the
Sommoners
were
not
endorsed
upon
the
Writ
.
Arkingsall
and
Dennys
Case
.
607.
An
Archdeacon
having
a
Parsonage
appertaining
to
his
Archdeacon●y
before
the
Statute
of
13
Eliz.
made
a
Lease
for
40.
years
of
the
Parsonage
which
was
confirmed
after
the
Statute
;
Adjudged
the
Lease
and
confirmation
were
both
good
.
Harrington
and
Wyes
Case
.
608.
A.
made
Articles
betwixt
him
and
2.
others
,
by
which
it
is
Covenanted
by
the
said
A.
that
the
said
A.
doth
let
,
&c.
and
the
said
A.
doth
covenant
to
make
a
Lease
for
21.
years
according
to
these
Articles
.
Provided
,
that
they
shall
pay
to
the
said
A.
yearly
28
l.
Resolved
,
that
it
was
a
present
Lease
,
and
a
Reservation
of
Rent
,
and
that
the
Rent
should
be
paid
during
the
Terme
.
Parlor
and
Butlers
Case
.
609.
Prohibition
;
the
case
was
,
the
Plaintiff
was
Convented
before
the
High
Commissioners
for
saying
of
the
Defendant
a
Minister
;
That
he
was
fi●ter
to
stand
in
the
Pillary
then
to
preach
in
a
Pulpit
,
and
that
be
had
taken
2.
Orders
already
,
and
that
he
lacked
but
taking
the
third
,
which
was
to
have
his
Ears
cut
off
;
He
there
Justified
the
words
▪
that
the
Defendant
had
forged
an
Acquittance
and
shewed
it
.
The
Commissioners
would
not
allow
of
the
Justification
,
but
granted
him
to
aske
the
Defendant
Forgivenesse
;
the
Prohibition
was
granted
,
because
they
ought
not
to
meddle
with
the
Cause
.
Easton
and
Newm●ns
Case
.
610.
If
a
man
find
goods
;
and
being
demanded
of
him
,
he
denyes
for
to
restore
them
;
It
was
adjudged
to
be
a
Conversion
of
them
.
Randals
Case
.
611.
An
Enfant
confessed
a
Judgment
in
the
Kings
Bench
in
Debt
;
It
was
Resolved
,
that
he
could
not
have
Audita
Querela
during
his
Nonage
to
reverse
the
Judgment
in
that
Court
;
but
he
might
have
Error
in
the
Exchequer
Chamber
,
by
the
Statute
of
27
Eliz.
to
reverse
it
.
Shephard
and
Metcalfes
Case
.
612.
A
Prohibition
by
3.
Resolved
,
one
Nonsuit
or
Retraxit
shall
not
bar
the
others
.
Holcome
and
Rawlins
Case
.
613.
If
a
Disseisor
make
a
Lease
for
years
,
and
the
Disseisee
reenters
;
It
was
Resolved
,
that
the
Disseisee
after
his
reentry
shall
punish
the
Lessee
for
Trespas
,
for
the
mean
profits
during
his
Occupation
,
although
he
be
in
by
Title
;
but
before
his
reentry
,
he
shall
not
punish
him
.
Gooses
Case
.
614.
Appeal
of
death
against
Principal
and
Accessaries
before
the
fact
,
and
of
accessaries
after
the
fact
;
The
principal
is
found
not
guilty
of
the
Murder
,
but
guilty
of
Manslaughter
:
Resolved
,
all
accessaries
before
the
fact
should
be
discharged
;
because
to
a
Manslaughter
none
can
be
accessary
before
the
fact
.
Perries
Case
.
615.
An
Enfant
of
the
age
of
9.
years
was
admitted
by
his
Guardian
to
sue
an
Appeal
de
morte
fratris
.
616.
A
Writ
of
Error
was
delivered
at
the
Instant
the
Judgment
was
given
;
the
Court
would
not
allow
of
it
,
because
it
was
procured
before
the
Judgment
was
given
.
617.
Nota
per
Curiam
,
A
Copyholder
may
prescribe
by
usitatum
est
against
his
Lord
,
but
against
a
stranger
he
must
prescribe
in
the
name
of
the
Lord
.
Ford
and
Glanviles
Case
.
618.
Administration
is
committed
durante
miuore
aetate
of
an
Enfant
,
and
Debt
is
brought
against
him
;
and
then
the
Enfant
comes
of
age
.
Quaere
,
if
the
Writ
shall
abate
.
Roberts
and
Agmondeshams
Case
.
619.
A
Lease
was
made
of
a
Rectory
,
a
Parson
was
presented
to
it
,
and
upon
a
supposition
,
that
he
was
holden
out
with
force
,
had
a
vi
laica
removenda
,
upon
which
the
Sheriff
returned
non
inveni
vim
laicam
,
nec
potentiam
armatam
;
Notwithstanding
which
Returun
upon
Affidavit
,
that
he
was
kept
out
with
force
,
a
Writ
of
Restitution
was
awarded
out
of
the
Kings
Bench.
Woodlifes
Case
.
620.
Accompt
for
goods
delivered
to
a
Factor
to
Merchandize
;
he
pleaded
he
was
robbed
of
the
goods
,
and
of
divers
other
goods
and
Chattells
of
his
own
,
and
holden
a
good
plea.
Bradshawes
Case
.
621.
A
man
prescribes
for
Common
Appendant
:
Resolved
,
unity
extincts
it
,
but
not
Common
for
arable
Land
.
Halliwel
and
Jervoise
.
622.
A
Parson
sues
before
the
Ordinary
for
Tythes
,
and
then
he
Appeals
to
the
Audience
,
where
the
sentence
is
affirmed
;
Then
the
parties
Appeal
to
the
Delegates
,
and
there
both
sentences
are
repealed
;
It
was
agreed
,
that
such
a
condition
ad
revidendum
the
sentences
may
issue
forth
,
but
then
such
a
Reviewing
shall
be
final
without
further
Appeal
;
but
if
the
Commissioners
do
not
proceed
to
the
Examination
according
to
the
Common
Law
,
they
shall
be
restreined
by
a
Prohibition
.
Mortimer
and
Windgates
.
623.
Accompt
for
Malt
;
the
Defendant
said
,
the
Plaintiff
brought
Trover
and
Conversion
for
this
and
other
Malt
,
and
for
part
found
for
him
,
and
for
part
not
,
and
demanded
Judgment
of
the
Action
;
adjudged
no
bar
;
for
it
may
be
he
did
not
convert
the
Malt
,
yet
he
ought
to
accompt
for
it
.
Smith
and
Bowsals
Case
.
Vide
the
same
Case
912.
Plito
610.
before
Bradshawes
Case
,
the
very
same
with
this
Case
.
Rogers
and
Jacksons
Case
.
624.
Debt
upon
a
Bond
,
the
Defendant
pleaded
the
Statute
of
usury
,
alledging
that
agreatum
fuit
,
that
the
Plaintiff
should
have
so
much
money
pro
donatione
diei
solutionis
:
the
Plaintiff
traversed
absque
hoc
quod
agreatum
fuit
,
and
found
for
the
Plaintiff
;
It
was
said
in
stay
of
Judgment
,
the
word
Corrupt●
was
not
pleaded
in
the
Bar
;
It
was
Resolved
the
Bar
was
made
good
by
the
Replication
;
and
the
Declaration
being
good
,
It
is
sufficient
for
Judgment
for
the
Plaintiff
.
Bacon
and
Hills
Case
.
625.
Ejectione
firme
;
the
case
was
,
A.
had
Issue
3.
Sons
,
viz.
B.
C.
and
D.
and
devised
to
B.
and
C.
certain
parcells
of
Land
;
and
to
D.
the
Lands
in
question
,
without
mentioning
of
any
estate
,
after
the
death
of
his
Wife
,
and
paying
10
l.
a
peece
to
his
daughter
when
they
enter
;
and
if
any
of
the
Sons
marry
and
have
Issue
male
of
their
bodies
,
and
dyeth
before
his
enty
in
the
Land
,
then
that
issue
to
have
his
part
;
D.
takes
a
Wife
,
and
hath
Issue
male
in
the
life
of
the
Devisor
,
and
the
Wife
of
the
Devisor
dyeth
,
and
he
enters
and
pays
the
portion
of
10
l.
a
year
to
the
Daughters
,
and
after
dyes
;
B.
the
eldest
brother
enters
upon
the
Issue
male
of
D.
It
was
adjudged
in
this
case
,
That
D.
had
but
an
estate
for
life
,
and
not
in
Tail
;
for
there
were
three
things
precedent
to
the
Tail
,
the
Mari●ge
,
the
having
Issue
male
,
his
death
before
his
entry
,
and
when
it
appeareth
he
did
not
dye
before
his
entry
,
therefore
he
had
no
●ail
,
and
by
the
word
paying
10
l.
to
the
Daughters
,
he
had
not
a
Fee
simple
,
but
that
is
intended
to
be
for
the
estate
which
he
had
.
Grey
and
Willougbyes
Case
.
626.
The
Venire
bore
date
in
December
which
was
out
of
Terme
,
but
retornable
at
a
day
in
the
next
Terme
,
and
the
Issue
upon
distresse
was
afterwards
tryed
;
It
was
held
,
the
same
was
but
a
misconveying
of
proces
,
which
was
helped
by
the
Statute
of
Jeofailes
;
but
if
the
Agard
upon
the
Roll
had
been
had
at
a
day
out
of
the
Terme
,
then
the
Court
held
the
same
to
be
Error
.
Tiping
and
Bunnings
Case
.
627.
Note
,
It
was
adjudged
,
that
if
a
Copyhold
be
granted
for
life
,
the
remainder
to
another
in
Fee
,
the
admittance
of
the
Tenant
for
life
is
the
admittance
of
him
in
the
Remainder
;
because
the
Lord
is
not
to
have
a
new
Fine
upon
the
death
of
the
Tenant
for
life
.
Cheney
and
Hawes
Case
.
628.
Assumpsit
to
deliver
to
the
Plaintiff
in
London
certain
monies
,
when
he
delivers
to
the
Defendant
certain
broad
Cloathes
there
;
the
Defendant
pleaded
Non
Assumpsit
;
The
opinion
of
the
Court
was
,
that
the
Defendant
ought
to
have
said
by
way
of
Answer
,
that
the
Assumpsit
was
special
,
have
traversed
the
general
Assumpsit
in
the
Declaration
.
Stowels
Case
.
629.
If
there
be
two
Joynt
Tenants
,
and
one
sole
brings
Trespas
against
a
stranger
,
who
pleads
Notguilty
:
Resolved
,
the
defendant
cannot
give
in
evidence
the
Joynt
Tenancy
,
but
he
ought
to
have
pleaded
it
.
Core
and
Hadgills
Case
.
630.
After
Execution
awarded
supersedias
issued
quia
improvidè
emanavit
executio
,
but
no
cause
of
Restitution
was
in
the
supersedeas
,
for
which
it
was
said
that
Execution
was
done
before
the
supersedeas
awarded
.
The
Court
awarded
a
non
supersedeas
with
a
clause
of
Restitution
in
it
.
Coles
Case
.
631.
He
was
Indicted
of
Burglary
,
the
Indictment
was
quod
burglarit'
domum
cujusdam
Richardi
fregit
,
without
naming
his
Sirname
,
and
the
Judgment
holden
good
.
Saundleys
and
Oliffs
Case
.
632.
A
man
was
seised
of
a
Messuage
,
and
granted
the
Messuage
with
all
Commons
appurtenant
,
and
in
Trespas
the
Defendant
did
prescribe
for
Common
,
and
did
aver
that
all
the
Farmors
of
the
said
Messuage
in
the
place
where
,
&c.
and
because
it
did
appear
,
that
there
was
unity
of
possession
of
the
Messuage
and
Land
in
which
the
Common
was
claimed
,
the
Common
was
extinct
;
but
if
the
grant
had
been
all
Commons
usually
occupied
with
the
Messuage
,
it
would
have
passed
the
like
Common
,
and
so
it
was
adjudged
.
Lewes
and
Bennets
Case
.
633.
The
next
Avoydance
was
granted
to
2.
the
one
Released
to
the
other
who
brought
a
Quare
impedit
in
his
own
name
;
It
was
adjudged
maintenable
,
because
it
was
before
the
Church
was
void
.
Dover
and
Stratfields
Case
.
634.
King
H.
7.
gave
Land
in
Tail
to
I.
S.
his
Issue
was
disseised
;
a
stranger
being
in
possession
levyed
a
Fine
with
Proclamation
,
and
5
years
passed
,
the
Reversion
remaining
in
the
Crown
;
It
was
holden
,
that
the
Issue
of
him
was
only
bound
in
whose
time
the
Fine
was
Levyed
,
and
no
other
Issues
,
and
that
by
the
Statute
of
32
and
34
H.
8.
635.
Action
upon
the
case
,
because
for
money
he
sold
to
him
Tythes
,
sci●ns
that
he
had
not
any
right
in
them
;
Adjudged
the
Action
did
lye
by
the
sciens
,
though
there
was
no
direct
saying
that
he
had
not
any
right
in
them
.
Beamounts
Case
.
636.
He
was
taken
upon
an
Excommunicato
capiendo
,
and
the
significavit
did
not
mention
that
he
was
commorant
within
the
Diocesse
of
the
Bishop
at
the
time
of
the
Excommunication
,
and
for
that
cause
the
party
was
discharged
.
Collins
and
Willies
Case
.
637.
The
Father
promised
10
l.
in
mariage
with
his
Daughter
;
the
Daughter
in
consideration
thereof
promised
to
pay
the
10
l.
to
the
Father
;
upon
which
promise
action
upon
the
case
was
brought
against
the
Husband
;
It
was
Resolved
,
that
ex
rigore
juris
the
Action
was
maintainable
;
but
if
the
Defendant
had
pleaded
the
Covin
betwixt
the
Father
and
Daughter
:
Popham
,
said
the
action
would
have
destroyed
the
Action
:
However
the
Judgment
for
the
practice
was
stayed
.
Suliard
and
Stamps
Case
.
638.
Assumpsit
;
that
if
he
being
Sheriff
would
execute
a
Writ
of
Execution
,
that
he
would
pay
him
his
Fees
due
per
leges
&
Statuta
Angliae
,
and
the
Plaintiff
shewed
his
Fee
was
3
l.
the
Execution
being
60
l.
found
for
the
Plaintiff
;
It
was
moved
in
stay
of
Judgment
,
that
the
Plaintiff
ought
to
have
shewed
the
Statute
upon
which
the
Fees
are
due
;
but
it
was
dissallowed
,
because
the
Action
is
not
an
Action
upon
the
Statute
,
so
as
the
Statute
ought
to
be
snewed
.
Popworth
and
Arches
Case
.
639.
It
was
holden
in
an
Accompt
,
that
the
Defendant
cannot
wage
his
Law
in
accompt
for
the
profits
of
14.
acres
of
Land
for
6.
years
.
Hoe
and
Beltons
Case
.
640.
A
Scire
fac
.
to
have
Execution
of
Damages
;
The
Defendant
said
that
the
Plaintiff
had
assigned
the
damages
to
the
Queen
,
and
that
the
Sheriff
by
Process
out
of
the
Exchequer
,
had
extended
his
Lands
for
them
;
It
was
adjudged
a
good
Bar
,
though
the
Sheriff
had
not
retorned
his
Writ
.
Hoe
and
Marshals
Case
.
641.
The
Defendant
was
Bail
for
one
F.
at
the
Suit
of
the
Plaintiff
:
F.
did
not
pay
the
money
,
nor
render
his
Body
in
a
Scire
facias
against
the
Defendant
the
Bail
;
he
pleaded
that
the
Plaintiff
had
released
to
him
all
actions
after
the
Bail
,
and
before
the
Judgment
:
It
was
adjudged
the
Release
did
not
bar
the
Plaintiff
,
because
the
Release
was
before
any
duty
was
due
for
no
duty
was
by
the
Bail
before
the
Judgment
,
Coo.
1.
part
.
Griffin
,
Lawrence
,
and
others
Case
.
642.
In
Ejectione
firme
;
two
of
the
Defendants
were
guilty
,
and
the
other
not
;
he
who
was
found
not
guilty
died
:
Resolved
,
That
the
Plaintiff
should
have
Judgment
against
the
others
;
for
this
Action
is
but
in
the
nature
of
Trespass
,
in
which
the
death
of
one
shall
not
abate
the
Action
.
Garraway
and
Braybridges
Case
.
Ejectione
firme
;
the
case
was
,
A
had
Issue
F.
his
eldest
Son
,
and
B.
the
Defendant
his
youngest
,
and
conveyed
the
Lands
to
the
use
of
himself
for
Life
,
the
Remainder
to
F.
in
tail
,
the
Remainder
to
the
Defendant
in
tail
,
and
the
Remainder
to
the
Right
Heirs
of
the
Father
:
F.
had
Issue
I.
the
Lessor
of
the
Plaintiff
,
and
died
in
the
Life
of
his
Father
;
The
Father
made
a
Lease
for
years
,
the
Lessee
for
years
made
a
Feoffment
in
Fee
,
the
Father
Releases
with
Warranty
to
the
Feoffee
and
dyed
;
The
Feoffee
enfeoffed
the
Defendant
.
It
was
the
opinion
of
the
Justices
in
this
Case
,
that
the
Warranty
by
reason
of
the
Covyn
should
not
bar
,
and
that
it
was
a
Warranty
which
did
commence
by
disseisin
.
The
Earl
of
Lincoln
and
Fishers
Case
.
644.
The
Defendant
gave
the
Plaintiff
the
Lye
openly
in
the
Leer
,
for
which
the
Steward
assessed
a
Fine
of
20.
s.
upon
him
.
The
Plaintiff
brought
Debt
for
the
Fine
:
It
was
adjudged
the
Action
was
maintainable
,
because
they
are
words
of
contempt
in
a
Court
of
Justice
to
a
Judge
,
for
which
the
Judge
might
fine
him
.
Canes
Case
.
645.
A
Venire
fac
.
at
the
Suit
of
the
Plaintiff
was
prayed
to
the
Coroners
,
because
the
Sheriff
was
his
Master
,
and
the
Defendant
confessed
it
;
It
was
tried
for
the
Plaintiff
;
It
was
said
it
was
a
Mis-Tryal
,
because
a
Venire
fac
.
ought
not
to
be
to
the
Coroners
upon
any
suggestion
,
if
it
be
not
a
principal
Challenge
:
But
the
Court
held
it
good
,
although
he
did
not
conclude
his
Challenge
and
so
favorable
.
Revera
and
Baptistaes
Case
.
646.
Assumpsit
:
The
Jury
found
the
Assumpsit
,
but
that
it
was
upon
another
consideration
,
and
not
upon
the
consideration
layed
in
the
Declaration
▪
Adjudged
against
the
Plaintiff
.
Tarrants
Case
.
647.
The
Father
made
a
Feoffment
to
the
use
of
himself
for
Life
,
the
Remainder
to
his
eldest
Son
,
and
the
Heirs
Males
of
his
Body
,
the
Remainder
to
his
own
Right
Heirs
;
Proviso
,
That
if
any
of
them
to
whom
the
Estates
are
limited
,
or
any
Issue
Male
of
their
Body
,
intend
,
or
attempt
,
or
do
any
Act
by
which
the
Premises
,
or
any
part
of
them
should
be
discontinued
,
that
then
of
that
part
his
Feoffees
should
be
seised
to
the
use
of
him
to
whom
the
Premises
after
the
death
of
the
said
party
should
come
,
as
if
he
were
naturally
dead
.
The
Defendant
being
Tenant
in
tail
,
suffered
a
common
Recovery
,
he
in
the
Remainder
entred
.
It
was
Resolved
that
Tenant
in
tail
,
could
not
be
restrained
from
suffering
a
common
Recovery
.
vide
accordingly
Chomeleys
case
,
and
Germin
,
and
Ascotts
case
before
.
The
Lord
Cromwell
and
Andrews
Case
.
648.
In
Assise
;
the
Case
was
;
A
seised
of
a
Mannor
with
an
Advowson
appendent
,
granted
,
bargained
,
and
sold
the
Mannor
and
the
Advowson
to
B.
and
his
Heis
,
rendring
Rent
to
A.
and
his
Heirs
,
and
covenanted
to
suffer
a
Recovery
to
the
use
of
B.
and
his
Heirs
,
and
covenanted
to
levy
a
Fine
to
B.
and
his
Heirs
,
with
a
render
of
the
Rent
to
A.
and
his
Heirs
;
Proviso
that
B.
shall
regrant
the
Advowson
to
A.
for
his
Life
,
so
as
he
shall
present
as
often
as
it
should
be
void
during
his
Life
:
B.
and
A.
both
joyn
in
a
Fine
to
I.
S.
who
renders
the
Rent
to
A.
in
tail
,
with
the
Remainder
to
I.
D.
and
renders
the
Land
to
B.
and
his
Heirs
;
Afterwards
B.
died
before
a
Regrant
of
the
Advowson
.
A.
enters
upon
the
Heir
,
and
enfeoffs
the
Lord
Cromwell
,
upon
whom
the
Heir
of
B.
reenters
.
There
were
three
points
in
this
Case
.
1.
If
the
Proviso
for
the
regrant
of
the
Advowson
made
the
Estate
of
B.
conditional
in
the
whole
Mannor
.
2.
If
the
condition
by
the
death
of
B.
without
regrant
of
the
Advowson
be
broken
.
3.
If
the
Condition
be
extinct
by
the
Conusance
and
fine
,
and
revived
as
a
Limitation
in
the
use
of
the
Fine
:
The
case
is
here
only
largly
argued
,
but
not
adjudged
,
Vide
Resolution
of
this
Case
,
Coo.
●
.
pa.
and
here
before
pl.
229.
Hiddy
and
Welhouses
Case
.
649.
In
Trespass
;
for
taking
of
his
Chattel
;
The
sole
point
in
the
Case
was
;
Whether
Toll
was
incident
to
a
Fair
of
common
Right
:
It
was
Resolved
,
that
Toll
is
not
incident
to
a
Fair
of
Common
Right
,
and
that
none
shall
have
Toll
in
a
Fair
,
if
he
hath
it
not
by
Grant
or
Prescription
;
But
it
was
agreed
,
that
the
King
might
grant
Toll
with
a
new
Fair
,
if
the
Toll
be
reasonable
,
and
not
excessive
;
but
if
it
be
to
have
1
d.
upon
every
Beast
,
they
took
it
to
be
unreasonable
.
vide
Cro.
3.
part
559.
accordingly
.
The
Queen
and
Doddingtons
Case
.
650.
In
account
against
the
Defendant
Executor
of
Sir
Walter
Mildmay
:
The
Case
was
,
The
Marquiss
of
Winton
1
Eliz.
being
Treasurer
of
England
,
and
Sir
Walter
Mildmay
Chancellor
of
the
Exchequer
,
and
of
the
Court
of
Augmentation
,
then
lately
dissolved
and
united
to
the
Exchequer
,
allowed
Sir
Walter
Mildmay
100
l.
per
an
.
for
diet
,
and
40.
l.
per
an
.
for
his
attendance
in
the
Office
of
the
Chancellor
of
the
Exchequer
;
After
which
,
2
Eliz.
a
Privy
Seal
came
to
the
Treasurer
,
Chancellor
of
the
Exchequer
,
to
pay
the
Fees
and
Allowances
by
Patent
or
Parliament
,
to
the
Treasurer
,
Chancellor
of
the
Exchequer
,
and
other
Offices
,
and
to
give
such
Rewards
to
other
Officers
,
they
should
think
they
deserved
:
There
were
divers
points
in
this
Case
.
1.
If
the
Treasurer
alone
ex
officio
might
increase
Fees
or
Allowances
to
the
Queens
Officers
.
2.
If
a
Privy
Seal
was
a
sufficient
Warrant
to
do
it
.
3.
If
he
might
give
a
Reward
to
the
Chancellor
by
the
Warrant
.
4.
If
the
Privy
Seal
being
after
the
allowance
made
,
and
before
payment
,
come
in
time
to
excuse
the
payment
.
5.
If
account
did
lie
against
Sir
Walter
Mildmay
himself
.
6.
If
his
Executors
were
chargable
in
account
.
This
Case
is
in
this
Report
only
argued
,
but
not
Resolved
.
But
vide
in
Coo.
11.
pa.
in
the
Earl
of
Devonshires
case
,
this
case
is
put
,
and
there
it
was
said
,
it
was
Resolved
in
this
case
,
that
no
officer
of
the
King
,
might
ex
officio
,
issue
or
dispose
of
the
Kings
Treasure
,
although
it
be
for
the
honor
and
profit
of
the
King
,
without
a
Warrant
from
the
King
;
and
a
Warrant
by
word
of
mouth
,
or
under
his
privy
Signet
,
is
not
sufficient
,
but
the
Warrant
ought
to
be
under
the
Great
Seal
or
Privy
Seal
;
and
if
the
Chancellor
of
the
Exchequer
doth
receive
the
Kings
Treasure
to
his
own
use
,
he
shall
be
charged
in
account
for
the
same
.
Worme
and
Websters
Case
.
651.
A
seised
in
Fee
of
Lands
holden
in
capite
,
made
a
Feoffment
thereof
to
B.
and
C.
to
such
intents
and
purposes
,
and
to
such
uses
and
estates
,
and
in
such
manner
as
are
declared
and
limited
,
or
should
be
declared
in
the
last
Will
of
the
said
A.
Afterwards
he
made
his
Will
in
this
manner
,
viz.
I
Will
and
Devise
that
E.
my
wife
during
her
Life
,
shall
have
and
take
the
profits
of
all
my
Mannors
and
Lands
,
and
after
her
decease
I
devise
them
to
G.
P.
and
the
Heirs
of
his
body
,
and
died
.
E.
entred
and
died
.
G.
P.
entred
.
1.
Question
if
the
Devisees
took
their
estates
respectively
,
by
the
Will
,
or
by
the
Feoffment
;
if
by
the
Will
,
it
was
void
for
a
third
part
,
and
a
Tenancy
in
common
:
If
by
the
Feoffment
,
it
was
good
for
the
whole
.
2.
point
,
when
the
use
of
the
Feoffment
is
expressed
to
such
persons
as
should
be
declared
by
the
Will
,
and
he
deviseth
the
Land
,
if
the
same
shall
be
said
to
be
a
limitation
of
the
use
,
according
to
the
Authority
.
The
case
not
Resolved
,
because
the
Justices
were
divided
in
their
opinions
.
It
was
adjourned
.
Prat
and
Phanners
Case
.
652.
Debt
upon
Obligation
:
The
condition
was
,
Whereas
Suits
have
bin
brought
prosecuted
betwixt
the
Defendant
and
A
his
Wife
,
which
controversies
are
now
finally
to
be
ended
betwixt
them
,
if
the
Defendant
do
not
from
henceforth
commence
and
prosecute
any
Suit
or
Action
in
any
Court
or
Courts
Spiritual
or
Temporal
,
against
the
said
A.
his
Wife
for
any
matter
precedent
,
or
cause
from
the
beginning
of
the
World
,
but
shall
from
henceforth
,
during
the
natural
Lives
of
him
the
Defendant
,
and
A.
his
Wife
,
account
of
use
,
and
maintaine
the
said
A.
as
his
lawful
wife
to
all
intents
,
&c.
then
,
&c.
The
Defendant
pleaded
he
had
not
brought
any
Action
in
any
Court
against
the
said
A.
after
the
said
Obligation
,
and
that
before
A.
was
married
to
him
,
she
was
married
to
I.
S.
who
is
yet
alive
,
for
which
cause
he
cannot
accept
of
and
maintain
the
said
A.
as
his
lawfull
wife
,
according
to
the
Form
of
the
Condition
,
upon
which
it
was
demurred
:
It
was
Resolved
,
that
the
material
part
of
the
Condition
,
did
consist
in
the
first
part
of
the
Condition
,
if
he
do
not
prosecute
any
Suit
,
and
the
Defendant
having
pleaded
an
Issuable
Plea
to
that
,
it
is
not
material
if
he
plead
to
the
latter
part
of
it
or
not
;
and
if
his
Justification
be
insufficient
,
the
Plaintiff
ought
not
to
have
demurred
upon
it
:
But
the
Court
held
his
Justification
to
be
good
,
because
the
Condition
as
to
that
part
,
is
against
the
Law
of
God
,
and
so
the
Obligation
void
;
And
whereas
it
was
objected
that
he
is
estopped
to
plead
the
special
matter
of
her
former
Marriage
,
because
in
the
Condition
she
is
called
A.
his
wife
:
The
Court
said
he
was
not
estopped
by
it
,
because
he
may
confess
and
avoid
it
;
for
she
may
be
his
Wife
as
to
some
purposes
;
but
as
to
use
her
as
a
lawfull
wife
,
she
is
not
his
wife
.
Lloyd
and
Wilkingsons
Case
.
653.
In
Ejectione
firme
,
the
case
was
:
A.
Rector
of
C.
by
Indenture
between
him
of
the
one
part
,
and
E.
R.
W.
and
T.
of
the
other
part
,
devised
the
same
to
E.
for
80.
years
,
if
she
should
so
long
live
,
and
should
not
alien
the
premises
,
and
if
she
should
die
within
the
Term
,
or
should
alien
,
that
then
her
Estate
should
cease
,
and
that
then
the
same
should
remain
to
R.
pro
&
durant'
residuo
praedicti
termini
praedict
'
80.
annorum
;
and
if
he
should
alien
,
&c.
ut
supra
,
then
his
Estate
should
cease
,
and
then
the
same
should
remain
to
W.
pro
&
durant'
tot
annis
praedict
,
termini
80.
annorum
si
,
&c.
and
if
he
should
alien
ut
supra
,
then
his
Estate
should
cease
,
and
then
the
said
A.
concessit
praemissa
durante
tot
annis
,
praedict
'
80.
annorum
quod
ad
tunc
continuarent
&
remanerent
in
expiratis
to
T.
his
Executors
and
Assignes
.
A.
died
.
F.
died
.
E.
and
R.
died
.
The
Administrator
of
F.
entred
,
and
assigned
over
the
same
.
In
this
Case
it
was
Resolved
,
That
the
Demise
to
R.
and
W.
were
void
,
because
that
the
Estate
which
E.
had
,
was
not
for
80.
years
absolutely
,
but
sub
modo
,
under
a
condition
,
and
then
the
Demise
to
them
pro
tot
annis
quot
remanerent
,
after
the
death
of
the
said
E.
pro
&
durante
residuo
termini
praedict
'
80.
annorum
was
void
,
for
there
could
not
be
a
residue
of
the
said
Term
,
because
that
determined
by
the
death
of
E.
2.
Resolved
,
That
the
Lease
and
Limitation
to
F.
was
void
for
the
uncertainty
,
for
it
was
uncertain
at
the
making
of
the
Lease
,
how
many
years
should
be
behind
at
the
time
of
the
death
of
E.
3.
Resolved
,
That
the
Demise
and
Limitation
to
T.
was
not
good
,
because
that
R.
and
W.
survived
F.
which
was
against
the
express
Limitation
;
for
his
Estate
was
limited
upon
two
Contingents
.
Pigot
and
Hearns
Case
.
654.
In
Trover
and
Conversion
;
the
case
was
this
:
The
Lord
of
the
Mannor
of
B.
in
the
Parish
of
D.
did
prescribe
,
that
he
and
his
Ancestors
,
and
all
those
whose
Estate
&c.
had
used
from
time
to
time
,
whereof
&c.
to
pay
to
the
Parson
of
D.
the
now
Plaintiff
and
his
Predecessors
6
l.
per
an
.
for
all
manner
of
Tythes
,
growing
within
the
said
Parish
,
and
that
by
reason
thereof
,
he
and
all
those
whose
Estates
,
&c.
Lords
of
the
said
Mannors
,
had
used
time
whereof
,
&c.
to
have
Decimam
garbam
&
decimum
cumulum
garbarum
,
of
all
of
his
Tenements
within
the
said
Mannor
.
It
was
in
this
case
Resolved
,
that
it
was
a
good
Prescription
,
and
that
a
Modus
decimandi
by
the
Lord
for
himself
,
and
all
the
Tenants
of
his
Mannor
,
from
barring
the
Parson
to
demand
tythes
in
kind
,
is
a
good
Prescription
,
because
it
might
have
a
lawful
commencement
.
2.
It
was
Resolved
,
That
it
was
a
good
Prescription
to
have
Decimam
garbam
in
,
or
Decimum
cumulum
garbarum
or
gramorum
,
or
the
tenth
Shock
;
for
he
hath
it
as
a
profit
appender
,
and
not
as
Tythes
.
3.
Resolved
in
this
case
,
that
if
the
Queen
be
Lady
of
the
Mannor
,
she
might
prescribe
to
have
Tythes
,
for
that
she
is
capable
of
them
,
she
being
Persona
mixta
,
&
capax
Spiritualis
Jurisdictionis
.
Holcrofts
Case
.
655.
A
seised
of
Lands
in
Fee
levyed
a
Fine
thereof
to
the
use
of
himself
for
Life
,
the
Remainder
to
B.
his
Son
for
the
Term
of
his
Life
only
,
so
long
and
untill
he
attempt
to
alien
,
and
then
to
the
use
of
C.
and
the
Heirs
Males
of
his
Body
,
during
the
Life
of
B.
and
immediately
after
his
death
,
to
the
use
of
the
first
begotten
Son
of
B.
then
after
to
be
begotten
,
and
the
Heirs
Males
of
his
Body
,
and
so
successively
,
to
his
Second
,
Third
,
or
Fourth
Son
,
to
be
begotten
in
lawful
Marriage
;
and
if
it
fortune
the
Fourth
Son
to
die
without
Heir
Male
of
his
Body
,
then
to
the
use
of
C.
and
the
Heirs
Male
of
his
Body
,
with
diverse
Remainders
over
in
tail
,
the
remainders
to
the
right
Heirs
of
A.
A.
dyed
,
B.
(
having
only
one
Son
born
after
the
Indenture
and
Fine
,
which
dyed
without
Issue
Male
)
joyned
in
a
Fine
with
C.
to
I.
S.
and
I.
D.
who
rendred
the
Land
to
B.
for
80.
years
next
following
,
if
the
said
B.
so
long
lived
,
and
immediately
after
his
Decease
to
the
first
begotten
Son
of
the
said
B.
or
which
afterwards
he
should
beget
,
and
the
Heirs
Males
of
his
Body
,
and
so
successively
to
the
Second
or
Third
Sons
,
the
Remainder
to
C.
and
his
Heirs
;
B.
never
had
any
Son
afterwards
,
but
dyed
having
Issue
a
Daughter
,
his
sole
Daughter
and
Heir
.
Afterwards
C.
dyed
having
Issue
.
It
was
Resolved
in
this
case
,
that
it
shall
be
intended
in
the
Limitation
of
the
use
,
that
after
the
death
of
B.
without
Issue
Male
,
that
C.
should
have
the
Land
as
well
where
no
attempt
is
to
alien
,
as
where
there
is
an
attempt
,
because
the
words
are
,
and
immediately
after
his
decease
,
then
to
the
first
Son
,
&c.
by
which
they
conceived
,
that
the
use
which
should
rise
upon
the
attempt
to
alien
,
is
only
restrained
to
the
use
of
B.
for
Life
.
2.
Resolved
,
that
by
the
words
,
If
it
fortune
the
Fourth
Son
to
die
without
Issue
,
then
to
C.
and
in
truth
B.
never
had
a
Son
,
that
the
use
should
rise
to
C.
3.
Re●olved
when
the
render
was
made
to
B.
for
80.
years
if
he
should
so
long
live
,
and
after
his
Decease
to
his
first
Son
,
&c.
with
the
Remainder
to
C.
that
all
the
Remainders
were
void
,
because
the
Estate
of
the
Freehold
during
the
Life
of
B.
did
not
pass
by
the
Render
out
of
the
Conusees
,
but
the
Inheritance
compleat
did
remain
in
the
Conusees
.
4.
Resolved
,
That
the
Conusance
of
the
Fine
,
is
of
necessity
to
be
intended
to
the
use
of
the
Conusees
,
because
they
otherwise
could
not
render
by
the
Fine
;
but
if
the
Render
had
bin
void
in
all
,
as
it
is
in
part
,
then
they
conceived
the
use
should
go
according
to
the
Render
,
but
not
in
this
case
,
because
the
Render
for
80.
years
was
good
,
and
so
the
use
remains
in
the
Conusees
.
The
Lord
Buckhursts
Case
.
656.
The
case
it self
is
very
long
,
being
upon
several
Conveyances
,
Settlements
,
of
very
many
great
Mannors
,
Lands
in
several
Counties
within
the
Realm
of
England
,
and
by
her
last
Will
to
several
persons
,
or
to
their
uses
,
or
to
her
Executors
,
for
the
performance
of
her
last
Will
,
upon
which
diverse
matters
of
Law
did
arise
,
which
were
very
largely
and
Learnedly
argued
by
Council
,
but
not
Resolved
;
some
points
in
Law
were
agreed
upon
and
Resolved
,
which
vide
in
Coo.
1.
Reports
in
rhe
Lord
Buckhursts
Case
,
and
were
these
in
Substance
,
viz.
1.
If
a
man
grant
Land
for
him
and
his
Heirs
,
to
another
and
his
Heirs
,
that
is
a
general
Warranty
,
because
it
is
not
restrained
to
any
person
certain
.
2.
If
a
man
seised
in
Fee-simple
hath
diverse
Evidences
,
some
containing
Warranty
,
and
some
not
,
and
convey
the
Land
to
another
without
Warranty
,
upon
which
he
may
be
vouched
,
the
Purchaser
shall
have
all
the
Charters
and
Evidences
,
as
well
those
which
contain
the
Warranty
as
the
other
,
for
in
as
much
as
the
Feoffor
hath
conveyed
his
Estate
absolutely
,
and
is
not
bound
to
Warranty
,
it
is
reason
that
the
Feoffee
for
his
better
assurance
have
all
his
Charters
as
incidents
to
the
Land
,
although
they
are
not
granted
to
him
by
express
words
.
3.
If
the
Feoffee
in
the
case
aforesaid
make
a
Feoffment
with
Warranty
,
so
as
he
is
bound
to
render
in
value
in
such
case
without
express
Grant
,
the
Feoffee
shall
not
have
any
Charters
which
comprehend
Warranty
,
upon
which
the
Feoffor
may
have
his
Waranty
paramount
,
for
the
Feoffee
hath
not
taken
upon
him
to
defend
the
Title
,
but
the
Feoffee
shall
have
the
Evidences
which
do
concern
the
possession
,
4.
If
A.
enfeoff
B.
with
Warranty
,
to
him
,
his
Heirs
and
Assignes
,
and
B.
enfeoff
C.
with
Warranty
,
although
that
C.
may
vouch
A.
as
Assignee
,
yet
he
shall
not
have
the
first
Deed
,
for
B.
hath
made
a
Warranty
to
him
,
and
may
be
vouched
,
and
therefore
he
shall
have
the
first
Deed.
5.
If
A.
be
seised
of
a
Seignory
,
Rent
,
Advowson
,
or
any
thing
which
lies
in
Grant
,
and
grants
the
same
over
to
B.
with
Warranty
,
and
B.
grants
the
same
over
to
C.
with
VVarranty
,
C.
shall
have
the
Charter
,
although
that
B.
is
bound
to
VVarranty
,
for
that
it
is
for
his
necessity
to
make
his
Title
,
and
without
it
he
cannot
make
any
defence
against
A.
or
any
claiming
by
him
.
6.
If
a
man
maketh
a
Feoffment
in
Fee
with
VVarranty
and
dieth
,
the
Heir
of
the
Feoffee
shall
have
all
the
Charters
which
the
Feoffor
himself
may
have
,
although
the
Heir
hath
nothing
by
discent
,
for
the
possibility
of
discent
after
.
Barker
and
Bornes
Case
.
657.
Debt
against
the
Heir
upon
an
Obligation
of
his
Father
,
and
Judgment
is
given
against
him
upon
nihil
dicit
;
the
Judgments
shall
be
general
,
and
not
only
of
the
Lands
special
which
discend
,
but
extend
to
his
own
Lands
.
Thompson
and
Butlers
Case
.
658.
An
Annuity
is
granted
to
a
woman
for
Life
,
she
takes
Husband
,
the
Husband
during
the
Coverture
,
by
express
words
releases
the
Annuity
;
Resolved
,
that
the
Release
of
the
Husband
doth
not
extinct
the
Annuity
,
but
that
if
the
VVife
survive
,
she
shall
have
it
.
659.
It
was
Resolved
by
all
the
Justices
,
That
if
the
Clerk
of
the
Market
do
take
a
Fee
of
a
peny
for
view
only
of
Vessels
which
are
not
defective
,
and
doth
not
Seal
them
;
or
if
he
Seal
them
,
he
take
2
d.
upon
every
Vessel
,
the
same
i●
extortion
.
660.
Resolved
upon
the
Statute
of
33.
H.
8.
28.
&
23.
Eliz.
That
if
Tenant
in
tail
become
Recusant
,
is
convict
,
but
not
by
Judgment
upon
Tryal
or
Confession
,
and
dieth
,
and
his
Lands
seized
,
that
the
Issue
shall
avoid
it
,
because
it
is
not
a
debt
by
Judgment
as
the
Statute
of
33.
H.
8.
requires
.
The
Lady
Willoughbyes
Case
.
661.
Sir
Francis
Willoughby
died
,
his
VVife
with
Child
.
P.
W.
who
had
married
the
Daughter
of
Sir
Francis
,
and
had
a
great
part
of
the
Possessions
setled
upon
him
for
want
of
Issue
Male
of
Sir
Francis
,
attempted
to
suffer
a
Common
Recovery
,
to
the
intent
to
bar
the
Issue
Male
of
Sir
Francis
;
and
disinherit
this
Issue
in
ventre
of
his
VVife
:
to
stop
the
Recovery
she
pretended
she
was
with
Child
;
P.
W.
prayed
a
VVrit
de
Ventre
inspiciendo
,
which
was
granted
,
and
the
Sheriff
of
London
came
to
the
Ladies
House
,
and
brought
a
Jury
of
women
,
whereof
two
were
Midwives
,
and
they
searched
the
Lady
,
and
the
Sheriff
returned
that
she
was
with
Child
.
Clark
and
Hardwicks
Case
.
662.
Scire
fac
.
upon
Recognizance
in
Chancery
,
acknowledged
by
H.
to
M.
of
200
l.
The
VVrit
was
brought
by
the
Plaintiffs
Executors
of
M.
the
Sheriff
returned
Mortuus
;
whereupon
a
new
scire
fac
.
issued
against
the
Heir
and
Terrae-Tenants
:
The
Sheriff
returned
K.
Terre-Tenant
of
certain
Lands
,
and
C.
Terre-Tenant
of
the
Mannor
of
D.
K.
made
default
,
C.
appeared
and
pleaded
a
Joynt-tenancy
with
two
other
who
were
alive
not
named
in
the
Writ
,
nor
Returned
.
It
was
adjudged
that
upon
this
Return
and
Plea
of
Joynt-Tenancy
that
the
Scire
facias
should
abate
,
and
a
new
Scire
facias
was
awarded
.
Davy
,
Matthew
and
Binfields
Case
.
663.
3
●
.
Eliz.
Ejectione
firme
;
The
Case
was
,
Husband
and
wife
seised
for
the
Life
of
the
wife
,
made
a
Lease
of
a
Mill
to
B.
the
Defendant
for
17.
years
,
who
34.
Eliz.
assigned
the
same
to
C.
for
14.
years
,
rendring
yearly
three
Bushels
of
Mes●yn
,
and
one
Bushel
of
Wheat
in
name
of
a
Rent
every
Saturday
,
and
if
it
fortune
the
weekly
Rent
to
be
unpaid
or
undelivered
,
then
the
Lease
to
cease
.
B.
entred
and
C.
possessed
of
the
Reversion
by
Deed
Poll
,
granted
the
Reversion
,
&
totum
interesse
sui
,
to
D.
to
whom
B.
attorned
.
R.
demanded
the
Rent
Corn
upon
a
Saturday
,
which
was
not
paid
,
for
which
he
entered
.
It
was
Resolved
,
1.
that
the
Rent
reserved
by
the
first
Lessee
,
upon
demise
of
the
Will
for
a
less
Rent
,
was
incident
to
the
Reversion
of
the
ancient
Term
,
and
shall
pass
by
the
words
of
all
his
Estate
,
and
by
totum
interesse
;
the
Rent
divided
from
the
Reversion
will
pass
,
and
the
Reversion
by
the
words
totum
statum
.
2.
That
the
Assignee
de
toto
statu
,
shall
take
advantage
of
the
cesser
of
the
Term
in
esse
,
and
make
the
demand
of
the
Rent
,
if
the
Grant
de
toto
statu
be
by
writing
with
attornment
.
3.
That
by
the
Statute
of
32.
H.
8.
the
Grantee
of
the
Reversion
shall
have
benefit
of
a
Condition
annexed
to
a
lesser
Term
,
divised
out
of
the
first
Term
:
There
was
another
point
,
It
the
demand
of
the
Rent
was
good
or
void
,
which
was
not
Resolved
.
Coulter
and
Irelands
Case
.
664.
It
was
Resolved
in
this
Case
by
all
the
Justices
of
England
,
That
an
Executor
of
his
own
wrong
,
could
not
pay
himself
a
Debt
or
a
Legacy
.
Chambers
and
and
Handbarges
Case
.
665.
In
case
of
a
Prohibition
;
It
was
suggested
that
the
Queen
,
and
all
those
whose
Estates
she
had
had
,
used
to
pay
to
the
Rector
of
D.
2
s.
4
d.
yearly
,
in
full
satisfaction
of
the
Tythes
of
Land
in
C.
Issue
was
upon
the
Prescription
:
It
appeared
that
the
Abbot
of
K.
was
owner
of
the
Land
and
Rectory
,
which
afterwards
came
to
the
Queen
,
who
was
seised
as
the
Abbot
was
:
Resolved
that
the
Unity
was
not
a
perpetual
discharge
of
the
Tythes
,
nor
of
the
Recompence
for
them
.
Brougton
and
Randals
Case
.
666.
A
Tales
was
awarded
upon
the
Return
of
a
Distringas
,
where
none
of
the
principal
Pannel
appeared
,
yet
holden
it
was
good
;
But
a
Tales
is
not
grantable
upon
the
Return
of
the
Venire
,
if
none
of
the
principal
Pannel
do
appear
.
Benton
and
Trotts
Case
.
667.
In
case
of
a
Prohibition
:
It
was
Resolved
in
this
Case
,
that
unity
of
the
Estate
,
and
not
in
occupation
of
the
Land
and
Rectory
at
the
day
of
dissolution
of
the
Abby
,
was
not
a
discharge
of
payment
of
Tythes
by
the
Statute
of
32.
H.
8.
But
if
the
Abbot
held
the
Land
at
the
time
of
the
dissolution
in
Fee
,
and
the
Rectory
also
,
those
Lands
were
always
discharged
;
but
if
the
Lands
were
in
Lease
for
years
,
although
but
for
a
small
Term
of
years
,
the
Lands
should
pay
Tythes
,
and
so
it
was
said
it
was
adjudged
in
Knighth
and
Spencers
case
,
and
in
Green
and
Bufkyns
case
,
and
vide
to
that
purpose
;
Coo.
11.
par.
Pridle
a●d
Nappers
case
.
Verey
,
Carew
and
Gibsons
Case
.
668.
A
seised
of
Lands
in
Middlesex
and
in
London
,
acknowledged
a
Statute
to
Carew
,
and
afterwards
conveyed
the
Land
in
Middlesex
to
one
which
came
to
the
Plaintiff
by
purchase
,
and
the
Land
in
London
he
conveyed
to
G.
the
Defendant
and
died
:
The
Administrator
of
Carew
sued
a
Scire
fac
.
against
the
Conusor
in
Middlesex
,
who
was
retorned
mortuus
,
upon
which
he
had
a
Scire
fac
.
to
the
Terre-Tenants
in
Middlesex
generally
,
and
Verey
the
Plaintiff
was
returned
Terre-Tenant
,
and
made
default
,
upon
which
Judgment
was
given
for
execution
,
and
that
a
Moiety
of
the
Land
in
Middlesex
should
be
extended
,
upon
which
he
brought
a
Scire
fac
.
in
the
nature
of
an
Audita
Querela
against
the
Administrator
,
and
Gibson
Tenant
of
the
Lands
in
London
,
to
shew
cause
wherefore
the
moiety
of
the
Lands
in
London
should
not
be
extended
:
It
was
the
opinion
of
Popham
Chief
Justice
,
that
he
might
have
a
Writ
,
wherefore
the
Lands
restitui
non
debent
,
but
not
an
Audita
Querela
;
but
the
other
Justices
held
,
that
that
was
the
most
beneficial
way
for
him
who
was
grieved
by
the
former
extent
;
but
if
he
will
not
pray
restitution
of
what
is
past
,
but
only
a
contribution
for
an
equal
extent
to
satisfie
what
did
remaine
,
they
saw
no
cause
but
that
he
might
have
it
;
for
the
foundation
of
the
Writ
is
equal
extent
;
and
it
was
said
that
the
Book
of
39
E.
3.
7.
and
39
,
was
that
it
was
in
Election
of
the
Conusee
,
to
take
his
Audita
Querela
for
restitution
,
or
for
future
contribution
.
Wild
and
Coopmans
Case
.
669.
Words
,
viz.
Thou
art
a
false
forsworn
man
,
thou
wast
forsworn
at
the
Leet
of
R.
and
didst
procure
others
to
be
forsworn
;
The
Defendant
justified
,
because
that
the
Plaintiff
was
one
of
the
Jury
,
and
presented
that
to
be
a
Nusance
,
which
was
no
Nusance
;
Adjudged
the
Justification
was
not
good
,
and
that
the
Action
did
lie
for
the
words
.
Parry
and
Woodwards
Case
.
670.
Debt
upon
a
Bill
,
which
was
,
Be
it
known
that
I
do
owe
to
Parry
14.
l.
to
be
paid
at
the
Feasts
of
,
&c.
together
with
6.
l.
which
I
owe
him
upon
Bill
and
Recognizance
subscribed
under
my
hand
:
The
Plaintiff
brought
debt
for
20
l.
and
adjudged
against
him
because
the
Bill
made
him
Debtor
for
no
more
then
14
l.
Vaughans
Case
.
671.
Intrusion
:
The
Queen
by
her
Letters
Patent
ex
certa
scientia
,
gratia
speciali
&
mero
motu
,
granted
to
I.
S.
which
were
late
parcel
of
the
Priory
of
L.
and
came
to
the
Crown
by
dissolution
of
the
Premises
,
or
any
part
thereof
,
or
the
issue
or
profits
thereof
were
before
the
first
of
April
14.
Eliz.
concealed
,
substrained
,
or
unjustly
detained
from
her
Father
,
Brother
,
Sister
,
and
so
remained
at
the
date
of
the
Letters
Patent
,
untill
they
were
revealed
by
the
Patentee
;
and
it
was
found
by
a
Commission
in
8.
Eliz.
issued
forth
to
enquire
of
the
Reparations
of
the
King
granted
,
and
how
much
money
would
repaire
it
,
and
that
the
Queen
was
allowed
the
value
of
the
Stone
and
Lead
expended
in
the
Reparations
:
This
was
adjudged
to
be
no
concealed
Land
,
and
therefore
the
Patent
void
.
Michel
and
Longs
Case
.
672.
If
a
Battery
be
laid
in
D.
in
the
County
of
N.
with
a
Continuando
in
Middiesex
,
and
Issue
be
upon
it
,
the
Venire
shall
be
of
both
Counties
.
Thompson
and
Gardiners
Case
.
673.
The
Plaintiff
had
a
100
l.
delivered
to
him
to
pay
over
to
I.
S.
and
the
Defendant
came
to
him
and
affirmed
he
was
I.
S.
to
whom
he
delivered
the
100
l.
and
in
truth
he
was
not
I.
S.
Adjudged
that
an
Action
of
Deceit
lay
against
him
.
Shorhorne
and
Lewis
Case
.
674.
The
Hospital
of
Donnington
was
incorporated
by
the
name
of
Minister
Dei
pauperis
domus
de
Donnington
&
confratres
ejusdem
,
and
they
made
a
Lease
by
the
name
of
Minister
pauperis
Domus
Dei
de
Donnington
&
elemosynarii
confratres
ejusdem
:
The
Justices
were
divided
in
opinion
if
it
was
a
good
Lease
.
Rosse
and
Mores
Case
.
675.
Assumpsit
:
In
consideration
that
the
Plaintiff
would
relinquish
a
Suit
which
he
had
against
a
Stranger
,
the
Defendant
promised
to
save
the
Defendant
harmless
from
all
actions
concerning
such
a
Lease
;
It
was
adjudged
no
good
Consideration
because
he
may
afterwards
prosecute
the
Suit
again
when
he
pleaseth
.
Bannister
and
Lillyes
Case
.
676.
Debt
for
Rent
upon
a
Lease
for
years
;
The
Defendant
said
I.
S.
was
seised
and
died
,
and
his
Heir
entred
,
and
the
Plaintiff
disseised
him
,
and
made
the
Lease
,
and
the
Son
reentred
before
the
Rent
day
;
The
Plaintiff
said
I.
S.
was
not
seised
,
nor
died
seized
,
and
that
he
did
not
disseise
the
Son
:
The
point
was
if
the
disseisin
or
discent
was
traversable
;
adjudged
the
Disseisin
.
Stoner
and
Gibsons
Case
.
677.
It
was
adjudged
in
this
Case
,
that
the
Lessee
for
years
of
a
Copyholder
might
maintain
Ejectione
firmae
.
Digby
and
Vernans
Case
.
678.
Resolved
,
It
is
a
good
Plea
in
abatement
of
an
Ejectione
firme
,
that
the
Plaintiff
hath
an
other
Ejectione
firme
depending
of
the
same
Land
.
Waston
and
Ridges
Case
.
679.
It
was
Resolved
in
this
Case
,
That
upon
an
Information
exhibited
in
the
Spiritual
Court
,
for
laying
of
violent
hands
upon
a
Clerk
,
and
costs
there
given
against
the
Defendant
,
for
which
he
was
excommunicate
for
not
paying
them
;
a
Prohibition
should
issue
forth
,
because
it
was
not
at
the
Suit
of
the
party
,
and
costs
are
not
grantable
there
upon
an
Information
.
Butler
and
Goodales
Case
.
680.
Upon
an
Information
upon
the
Statute
of
21
H.
8.
of
Non-Residence
:
It
was
Resolved
,
That
the
Parson
ought
to
dwell
upon
the
Parsonage
house
,
and
not
upon
another
house
,
although
it
be
within
the
Parish
,
both
for
serving
the
Cure
,
and
maintaining
of
Hospitality
;
v.
Coo.
6.
par.
the
same
case
.
Odiham
and
Smiths
Case
.
681.
Error
of
a
Judgment
in
C.
B.
for
Trespas
there
for
taking
of
an
Ox
,
the
Plaintiff
there
assigned
the
Trespass
generally
in
D.
the
Defendant
justified
the
taking
of
the
Ox
damage
Feasants
;
the
Plaintiff
made
a
new
Assignment
,
upon
which
the
Defendant
justified
for
Heriot
Service
,
and
the
Judgment
there
passed
against
the
Defendant
,
because
he
could
not
varie
from
his
former
Justification
,
but
should
be
estopped
by
it
.
It
was
the
clear
opinion
of
all
the
Justices
that
he
might
well
varie
in
his
Justification
upon
the
new
Assignment
,
and
therefore
the
Judgment
was
reversed
.
Reyner
and
Parkers
Case
.
682.
An
Apparator
came
to
the
Church
of
a
Parson
,
and
said
to
him
,
he
is
to
pay
Tenths
to
such
an
one
at
such
a
place
,
four
miles
distant
from
the
Church
,
to
whom
the
Parson
did
not
pay
them
,
and
thereupon
the
Bishop
certified
that
he
refused
to
pay
them
according
to
the
Statute
of
26.
H.
8.
It
was
Resolved
the
demand
was
not
according
to
that
Statute
,
and
the
Summons
to
pay
them
not
according
to
the
Statute
;
for
the
demand
ought
to
have
been
by
one
who
hath
authority
to
receive
them
,
which
the
Summoner
had
not
;
and
they
held
the
demand
not
good
,
although
the
Bishop
certified
it
was
duly
made
.
683.
One
who
exhibited
an
Information
upon
a
penal
Law
,
died
.
It
was
Resolved
,
That
notwithstanding
the
death
of
the
Informer
,
yet
the
Queens
Attorney
might
repay
and
prosecute
the
Information
,
for
that
neither
death
,
nor
the
Release
of
the
Informing
party
,
could
bar
the
Queen
from
the
moiety
.
Holliday
and
Lees
Case
.
684.
In
a
Prohibition
:
It
was
Resolved
that
Tythes
should
not
be
paid
of
Beeches
,
although
above
twenty
years
growth
.
Cartwright
and
Dalesworths
Case
.
685.
Debt
upon
an
Obligation
taken
by
the
Plaintiff
Sheriff
of
the
Detendant
his
Clerk
,
upon
condition
to
pay
the
Queens
Silver
into
the
Exchequer
within
14.
days
after
hereceived
it
;
The
Defendant
pleaded
he
Statute
of
23
H.
8.
c.
10.
and
averred
it
was
taken
colore
Officii
:
Upon
demur
it
was
adjudged
for
the
Plaintiff
,
for
the
Statute
doth
not
intend
such
Obligations
taken
of
them
which
are
not
to
appear
,
nor
are
in
custody
.
686.
It
was
holden
by
the
Justices
,
that
if
the
Sheriff
takes
goods
in
Execution
upon
a
Scire
fac
.
and
hath
the
goods
in
his
hands
,
and
a
Supersedeas
comes
to
him
,
yet
he
shall
not
thereupon
redeliver
the
goods
,
but
may
proceed
and
sell
them
upon
the
Execution
.
Armiger
and
Hollands
Case
.
687.
In
case
of
a
Prohibition
:
It
was
Resolved
that
by
the
Common
Law
before
the
Statute
of
21.
H.
8.
the
first
Benefice
was
void
without
a
Sentence
Declarative
,
so
as
the
Patron
might
present
without
notice
.
2.
That
the
Statute
of
21
H.
8.
of
Pluralities
is
a
general
Law
of
which
the
Judges
are
to
take
notice
without
pleading
of
it
3.
That
the
Queen
might
grant
Dispensations
as
the
Pope
might
,
in
case
where
the
Arch-Bishop
had
not
Authority
by
the
Statute
of
25.
H.
8.
to
grant
Dispensations
,
because
all
the
Authority
of
the
Pope
was
given
to
the
Crown
by
the
Statute
;
but
yet
the
Statute
as
to
those
Dispensations
which
the
Arch-Bishop
is
to
grant
,
hath
Negative
words
,
and
the
Bishop
shall
make
the
Instrument
under
his
Seal
.
Mosley
and
Fossets
Case
.
688.
In
Action
upon
the
Case
,
the
Plaintiff
declared
that
the
Defendant
took
the
Plaintiffs
Gelding
to
pasture
for
2
s.
the
Week
,
and
the
Defendant
was
to
keep
it
safe
,
and
redeliver
it
upon
Request
,
and
that
the
Defendant
kept
it
so
negligently
,
that
it
was
taken
away
by
persons
unknown
;
The
Court
was
divided
in
opinion
,
if
the
action
lay
without
alledging
a
Request
for
delivery
of
it
:
But
it
was
agreed
by
them
all
,
that
without
a
speciall
Assumpsit
the
action
did
not
lye
against
the
Defendant
.
Sharington
and
Minors
Case
.
689.
A
man
devised
Lands
in
Tail
with
diverse
Remainders
over
,
and
with
this
Clause
,
viz
My
minde
is
,
that
if
any
of
the
said
persons
afore
entailed
to
my
said
Lands
,
or
their
Heirs
,
do
unlawfully
vex
,
disquiet
,
or
trouble
any
other
of
them
for
the
same
;
Or
do
Mortgage
,
pledge
,
or
sell
the
same
,
or
any
part
thereof
,
or
his
interest
,
possibility
,
or
title
therein
,
or
do
hurt
,
fully
dismember
,
or
waste
the
same
,
&c.
That
then
every
such
person
and
his
and
their
Heirs
shall
forthwith
be
cleerly
discharged
,
excluded
and
dismissed
,
as
touching
the
said
entail
of
mine
,
and
the
conveyance
by
words
forgoing
,
of
the
entail
of
my
said
Lands
to
be
of
no
force
to
him
,
or
them
,
but
the
same
immediatly
to
discend
and
come
to
the
party
next
in
Tail
to
him
,
or
them
effectually
,
as
if
such
disordered
person
had
never
been
minded
of
in
thi●
my
Will
;
B.
having
this
Land
by
the
forfeiture
of
the
former
estate
,
she
and
her
Husband
levyed
a
Fine
of
it
,
he
in
the
next
Remainder
entred
;
It
was
holden
by
the
Justices
,
that
the
estate
of
each
of
them
in
the
Remainder
was
subject
to
the
limitation
,
to
cease
by
alienation
,
and
that
the
next
in
the
Remainder
might
enter
.
Corbens
Case
.
690.
In
Consideration
of
Marriage
,
the
Father
agreed
by
word
to
stand
seised
of
Land
to
the
use
of
himself
for
life
,
and
after
to
the
use
of
his
Son
and
his
Heirs
;
The
point
was
,
if
the
same
did
after
the
use
,
because
the
Father
afterwards
devised
the
Land
to
his
younger
Son
;
this
Case
was
argued
only
,
and
adjorned
.
Collins
and
Hardings
Case
.
691.
A
man
seised
of
Freehold
and
Copyhold
,
by
License
made
a
Lease
of
both
at
one
entire
Rent
,
the
Lessee
assigned
his
Terme
,
and
afterwards
the
Lessor
Released
all
demands
to
the
first
Lessee
.
Afterwards
the
Lessor
granted
and
surrendred
the
Reversion
of
the
whole
to
a
stranger
,
who
brought
Debt
against
the
Assignee
for
Rent
:
It
was
Resolved
,
that
the
Rent
was
not
determined
by
the
Release
,
because
the
Release
was
after
the
assignment
of
the
Terme
;
in
which
case
it
was
in
the
Election
of
the
Lessor
to
charge
the
Lessee
or
Assignee
;
but
for
Rent
due
before
the
Release
,
that
was
extinct
by
the
Release
:
But
whether
the
whole
Rent
should
issue
out
of
the
Freehold
,
or
should
be
apportioned
,
the
Justices
were
divided
in
opinion
.
Cooper
●nd
Langworths
Case
.
692.
A
man
sued
forth
an
Elegit
upon
a
Recognizance
in
Chancery
,
but
nothing
was
done
nor
Returned
upon
it
.
Resolved
,
that
he
might
sue
a
Fieri
fac
.
upon
the
same
Recognization
,
and
so
if
a
man
hath
Recovered
debt
upon
a
Obligation
,
he
shall
have
another
Action
of
debt
,
if
he
hath
not
sued
forth
Execution
.
Marsh
and
Edmonds
Case
.
693.
Debt
upon
an
Obligation
,
to
be
such
a
day
at
the
Kings
head
in
D.
and
there
to
choose
two
Arbitrators
to
joyne
with
others
,
to
arbitrate
all
matters
betwixt
them
;
The
Defendant
said
,
he
was
there
at
the
last
instant
of
the
day
to
make
the
Choice
;
adjudged
no
plea
;
for
he
ought
to
have
been
there
in
such
time
that
they
might
have
chosen
Arbitrators
.
Bolls
and
Smiths
Case
.
694.
A
man
made
a
Feoffment
in
Fee
,
to
the
use
of
himself
and
Wife
for
their
lives
,
and
after
to
the
use
of
B.
their
eldest
Son
,
and
after
his
decease
to
the
use
of
him
who
should
be
his
eldest
Son
at
the
time
of
his
death
in
Tail
,
the
Remainder
to
C.
in
Tail
,
the
Remainder
over
in
Fee
;
the
Feoffor
dyed
,
the
Wife
made
a
Lease
to
B.
for
years
,
who
enfeoffed
a
stranger
;
the
Wife
dyed
C
:
levyed
a
Fine
to
the
Feoffee
with
Proclamation
;
afterwards
B.
dyed
having
issue
a
Son
at
his
death
who
entred
;
the
Feoffee
having
granted
a
Rent
charge
,
the
grantee
distrained
and
avowed
:
It
was
adjudged
,
that
the
Feoffment
of
B.
and
the
Fine
of
C.
had
prevented
the
future
use
to
rise
in
the
Son
of
B.
and
so
it
was
adjudged
in
Ards
and
Terringhams
Case
.
Stebbing
and
Goswells
Case
.
695.
By
the
Custome
of
the
Mannor
the
Copyholders
had
used
to
have
the
tops
and
loppings
of
the
Trees
upon
their
Copyhold
;
the
Lord
cut
down
all
the
Trees
;
Adjudged
,
that
Trespas
did
lye
by
the
Copyholder
against
the
Lord
.
Drove
and
Shorts
Case
.
696.
A
Jurour
delivered
to
one
of
his
Companions
an
Escrowle
for
Evidence
,
which
was
not
given
in
Evidence
at
the
Tryal
:
Adjudged
no
Cause
to
stay
Judgment
unlesse
it
appear
he
received
it
from
one
of
the
parties
,
which
did
not
appear
.
Hewleys
and
Brices
Case
.
697.
A
man
devised
all
his
Lands
,
whereas
but
two
parts
passed
;
the
devisee
entred
and
let
the
whole
for
years
,
the
Heir
without
actual
entry
Levyed
a
Fine
to
a
stranger
of
a
third
part
,
the
Conusee
made
a
Lease
for
life
to
a
stranger
,
the
Remainder
to
the
Queen
by
deed
enrolled
,
upon
condition
to
be
void
upon
tender
of
money
to
the
Tenant
for
life
.
Resolved
in
this
Case
,
that
the
entry
of
the
devisee
into
the
whole
,
and
his
making
a
Lease
of
the
whole
for
years
,
was
no
disseisen
to
the
Heir
.
2.
That
the
Tender
of
the
money
to
the
stranger
should
devest
the
Remainder
out
of
the
Queen
;
because
the
condition
was
not
performable
to
the
Queen
,
but
to
the
Tenant
for
life
.
Markham
and
Gomastons
Case
.
698.
Action
upon
the
Case
;
Whereas
the
Plaintiff
for
the
debt
of
I.
S.
was
bound
with
I.
S.
in
Recognizance
to
F.
and
I.
S.
and
F.
his
servant
became
bound
to
the
Plaintiff
to
save
him
harmlesse
,
in
which
the
first
Bond
was
recited
with
a
blank
,
for
the
Christian
name
and
dwelling
place
of
T.
the
Defendant
after
the
sealing
and
delivery
of
the
Counter
bond
,
and
before
the
Plaintiff
agreed
to
it
,
filled
up
the
blank
;
so
as
in
debt
brough
against
F.
he
pleaded
non
est
factum
,
and
the
Plaintiff
was
compelled
to
be
Nonsuit
:
It
was
holden
that
the
action
did
well
lye
against
the
Defendant
.
Elston
and
Brets
Case
.
699.
Execution
was
sued
upon
a
Statute
in
Chancery
,
and
the
Liberate
executed
by
the
Conusee
himself
being
Sheriff
,
and
the
proper
name
was
not
endorsed
,
but
only
Vic.
It
was
adjudged
erroneous
and
void
.
Mills
and
Parsons
Case
.
700.
Tenant
in
Tail
for
1000
l.
bargained
and
sold
by
deed
enrolled
certain
Lands
to
I.
S.
and
Covenanted
in
consideration
of
the
said
1000
l.
and
of
a
Rent
then
after
to
be
granted
by
the
bargainee
,
that
if
he
sold
any
other
part
of
his
Lands
(
which
he
held
in
Fee
)
that
the
bargainee
should
have
the
offer
of
them
before
another
,
and
if
he
attempted
to
sell
without
offer
and
notice
to
the
bargainee
,
then
he
and
his
Heirs
for
those
considerations
would
stand
seised
to
the
use
of
the
said
I.
S.
and
his
Heirs
,
of
all
he
should
attempt
to
alien
without
notice
or
offer
.
I.
S.
dyed
,
K.
being
his
Heir
,
the
bargainor
sold
other
Land
without
notice
or
offer
,
to
another
,
and
he
sold
the
Land
to
one
who
had
notice
of
the
Covenant
;
It
was
in
this
Case
Resolved
,
that
the
Consideration
to
raise
the
use
in
the
other
Land
was
good
,
although
but
one
of
the
things
was
performed
,
viz.
the
payment
of
the
money
.
2.
If
the
Heir
shall
have
benefit
of
the
contingent
use
;
not
Resolved
.
Terr●ll
and
Darcyes
Case
.
701.
Accompt
against
the
Defendant
as
Bailiff
of
Cloathes
;
the
Defendant
said
for
part
he
was
Bailiff
to
the
Plaintiff
and
a
stranger
joyntly
,
and
for
the
Residue
he
was
as
Bailiff
to
render
accompt
;
It
was
found
he
was
Bailiff
for
16
Cloathes
,
but
there
was
no
mention
if
the
16.
were
to
them
joyntly
or
not
;
It
was
in
Co.
B.
adjudged
for
the
Plaintiff
;
and
upon
Error
brought
,
the
Judgment
was
affirmed
.
Scrogs
and
Spencers
Case
.
702
A
Distringas
to
the
Coroners
was
returned
by
them
,
with
subscription
of
their
names
,
but
not
(
Coronatores
;
)
It
was
adjudged
Error
,
for
both
the
Sirnames
and
names
of
Office
ought
to
be
subscribed
.
Medcalfes
Case
.
703.
Two
shooting
at
Butts
,
having
both
but
one
shott
to
winne
the
game
,
waged
40
l.
one
with
the
other
for
the
upshot
,
he
who
won
brought
Assumpsit
against
the
other
for
the
40
l.
upon
nihil
dicit
.
Judgment
was
for
the
Plaintiff
;
It
was
holden
the
action
was
maintainable
.
Ardes
and
Watkins
Case
.
704.
A.
seised
of
Land
made
a
Lease
for
30.
years
,
the
Lessee
made
a
Lease
for
28.
years
rendring
30
l.
rent
,
and
afterwards
he
Devised
28
l.
of
the
r●nt
to
3.
persons
divisim
viz.
to
each
of
them
a
full
3.
part
,
which
was
9
l.
6
s.
8
d.
One
of
the
devisees
brought
debt
for
his
part
against
the
Lessee
:
It
was
the
opinion
of
the
Justices
,
that
the
Rent
was
apportionable
,
and
that
the
Tenant
is
chargeable
without
attornment
by
the
devise
to
each
of
the
devisees
for
the
3.
part
of
the
Rent
.
Winters
Case
.
705.
It
was
said
by
Popham
Chief
Justice
,
that
Clergy
is
allowable
upon
the
standing
Mute
for
such
a
Felony
,
for
which
Clergy
is
allowable
,
if
the
party
be
found
guilty
,
and
therefore
he
allowed
Clergy
to
Winter
who
stood
Mute
upon
an
Indictment
of
Felonious
taking
of
goods
.
706.
The
Case
was
,
a
man
robs
one
in
the
high
way
in
one
County
,
and
is
apprehended
with
the
goods
in
another
County
,
and
indicted
for
the
goods
;
and
found
guilty
to
the
value
of
10
d.
The
question
was
if
by
the
Statute
of
25
H.
8.
he
shall
have
Judgment
of
death
,
or
be
whipt
:
It
was
the
opinion
of
the
Justices
,
the
Case
being
put
to
them
at
Serjants
Inn
,
that
he
shall
be
but
whipt
,
and
that
the
Statute
of
25
H.
8.
doth
not
extend
but
to
those
who
demand
Clergy
,
which
they
shall
be
denyed
if
it
be
found
by
examination
to
be
done
with
Robbery
.
Lever
and
Heyes
Case
.
707.
The
Father
of
the
daughter
promiseth
to
the
Father
of
the
Son
,
that
if
he
will
give
his
consent
to
the
Marriage
,
and
assure
40
l.
Land
to
his
Son
,
that
the
Father
of
the
Daughter
will
pay
200
l.
to
the
Son
in
Mariage
;
It
was
Resolved
in
this
case
,
that
if
the
Father
of
the
daughter
do
not
pay
the
200
l.
that
the
Son
shall
have
the
Action
upon
the
promise
,
and
not
the
Father
.
Egertons
Case
.
708.
Egorton
the
Queens
Sollicitor
,
was
commanded
by
Writ
to
attend
upon
the
Lords
in
the
upper
House
of
Parliament
;
After
he
attended
there
3.
dayes
,
he
was
chosen
Burgesse
for
the
Borough
of
Reading
and
Returned
;
The
Commons
came
to
the
upper
House
and
demanded
,
that
he
might
be
dismissed
from
his
attendance
there
,
and
be
sent
them
into
the
Lower
House
;
but
upon
Consultation
he
was
retained
there
still
,
because
he
being
neither
Inhabitant
not
Free
of
the
said
Town
,
might
choose
if
he
would
serve
at
their
Election
or
not
,
which
he
expresly
refused
to
do
.
2.
Because
he
was
first
attendant
in
the
upper
House
.
3.
Because
the
Queen
had
power
to
prefer
him
to
the
upper
House
aswell
as
she
had
power
to
command
him
.
The
Bishop
of
Norwiches
Case
.
709.
The
Bishop
pleaded
a
private
Act
of
Parliament
,
and
mistook
the
day
of
the
Commencement
of
the
Parliament
;
It
was
adjudged
against
the
Bishop
,
for
although
the
Judges
are
not
to
take
notice
of
the
private
act
,
yet
of
the
beginning
of
the
Parliament
they
are
to
take
notice
of
.
Helgor
and
Whiteacres
Case
.
710.
Replevin
,
The
Defendant
avowed
that
a
Parsonage
was
parcell
of
the
Prebendary
;
the
Prebend
before
the
Statute
of
13
Eliz.
was
Leased
for
50.
years
in
Reversion
to
I.
who
assigned
it
to
B.
who
assigned
it
to
C.
who
assigned
it
to
H.
the
Lease
in
possession
ended
,
H.
en●red
and
made
the
Lease
to
the
Plaintiff
;
The
Plaintiff
confessed
the
Lease
to
I.
and
the
Assignments
,
but
said
,
that
I.
so
possessed
took
to
Husband
T.
who
before
the
assignment
to
B.
assigned
the
Terme
to
I.
S.
who
dyed
possessed
,
absque
hoc
that
the
said
I.
assigned
her
estate
and
Interest
to
B.
It
was
adjudged
for
the
Avowant
;
because
when
the
Plaintiff
confessed
and
avoided
,
he
ought
not
to
have
traversed
,
but
might
have
prayed
Judgment
without
Travers
;
and
so
by
reason
of
the
Travers
,
it
was
adjudged
against
the
Plaintiff
.
Vaviso●s
Case
.
711.
Resolved
,
That
if
the
Sheriff
makes
his
Warrant
to
a
Corporation
who
have
return
of
Writs
,
to
arrest
I.
S.
they
may
make
a
Bailiff
to
arrest
by
perol
only
.
Robes
,
Bent
and
Cocks
Case
.
612.
A
a
villain
purchased
the
Inheritence
of
a
Copyhold
in
the
name
of
B.
and
another
in
Trust
;
B.
surrendred
his
moyety
to
the
use
of
his
own
Son
,
the
other
dyed
seised
.
The
Son
of
B.
and
the
Heir
of
the
other
for
mony
sold
the
Copyhold
to
C.
for
50
l.
being
of
the
value
of
80
l.
A
sued
the
Son
of
B.
and
the
Heir
of
the
otherand
C.
in
Chancery
,
for
the
80
l.
It
was
Decreed
,
the
A.
should
recover
the
50
l.
only
,
from
B.
and
the
Heir
of
the
other
,
and
C
should
be
discharged
of
it
.
The
Lord
Hunsdons
Case
.
713.
In
a
Monstrance
de
droit
for
certain
Lands
in
ward
to
the
Queen
for
the
Nonage
of
B.
upon
Jury
returned
,
the
Array
was
challenged
by
the
Queens
Attorney
,
because
it
was
Returned
by
the
Sheriff
of
Kent
who
was
also
Tenant
to
the
Plaintiff
;
A
Counterplea
was
thereunto
,
that
he
was
Tenant
to
the
Queen
:
It
was
the
opinion
of
the
Justices
,
that
the
Counterplea
was
little
material
;
for
although
he
was
Tenant
to
both
,
yet
he
who
takes
the
Challenge
shall
have
advantage
thereof
.
Afterwards
,
the
array
was
Quashed
,
and
a
venire
de
novo
awarded
.
Lady
Russell
and
Gulwells
Case
.
714.
The
Lady
demised
Lands
to
the
Defendant
by
Indenture
,
Defendant
entred
bonds
to
performe
the
Agreements
in
the
Indenture
:
Debt
brought
by
the
Lady
for
breach
of
Covenants
,
and
assignes
the
breach
in
disturbance
of
her
in
the
occupation
of
certain
Lands
excepted
in
the
Indenture
out
of
the
demyse
;
and
adjudged
against
the
Lady
,
for
that
it
was
breach
neither
of
Covenant
nor
agreement
.
715.
Nore
by
Egerton
Lord
Keeper
,
if
there
be
Tenant
for
life
,
the
remainder
for
life
,
the
remainder
in
Fee
;
and
the
Tenant
for
life
committeth
Wast
so
as
he
is
dispunishable
by
the
Common
Law
;
yet
upon
Complaint
,
he
in
the
remainder
in
Fee
,
may
have
an
Injunction
against
him
not
to
do
Wast
.
Penner
and
Cromptons
Case
.
716.
In
a
Prohibition
,
It
was
holden
,
that
none
shall
be
chargeable
for
contribution
to
Church
Reckonings
if
he
do
not
Inhabite
there
,
or
to
consent
to
them
.
Powle
and
Veeres
Case
.
717.
A.
made
a
Lease
to
B.
of
the
Mannor
of
S.
for
life
,
which
was
executed
by
Livery
with
these
words
,
that
if
it
fortune
B.
to
marry
any
Woman
during
his
life
,
who
shall
happen
to
overlive
him
,
then
the
Land
to
remain
to
such
Woman
for
her
life
:
Proviso
,
If
B.
do
not
declare
by
writing
sealed
,
●or
his
last
Will
,
that
he
Wills
she
shall
have
it
,
then
it
shall
not
remain
to
her
.
B.
before
any
marriage
makes
a
Feoffment
to
I.
S.
to
whom
a
Fine
is
levyed
,
and
a
Recovery
suffered
:
Afterwards
B.
takes
a
Wife
,
and
declares
she
shall
have
the
Remainder
,
and
after
D.
and
his
Wife
Levy
a
Fine
to
the
Heirs
of
I.
S.
and
afterwards
B.
makes
another
declaration
,
that
the
Land
shall
remain
to
the
Wife
,
and
then
B.
dyes
and
the
Wife
enters
;
It
was
adjudged
her
entry
was
not
Lawfull
,
because
the
Remainder
(
if
it
was
ever
good
)
was
destroyed
by
the
Feoffment
,
and
the
Freehold
supplanted
before
the
Remainder
took
any
essence
,
and
also
because
the
possibility
of
the
Wife
was
included
in
the
Fine
.
Ferry
and
Redings
Case
.
718.
Two
were
bound
in
a
Statute
to
make
such
assurance
as
should
to
devised
by
the
Conusee
or
his
Councell
upon
Notice
;
Assurance
was
devised
,
and
notice
thereof
given
to
one
of
them
,
who
refused
;
but
no
Notice
was
given
to
the
other
;
It
was
Resolved
,
that
by
the
Refusal
of
one
of
them
,
the
Statute
was
forfeited
,
and
should
bind
both
of
them
.
Strangewayes
and
Hicks
Case
.
719.
The
Defendant
knowing
that
the
Plaintiff
was
an
Enfant
within
age
,
procured
him
to
enter
into
a
Recognizance
of
Debt
to
him
for
wares
bought
of
him
:
and
for
this
the
Defendant
was
fined
in
Star
Chamber
100
l.
and
Imprisoned
.
Lewes
Case
.
720.
He
being
Clark
of
the
Assises
in
the
County
of
S.
and
hearing
his
Deputy
reading
an
Indictment
of
Murther
the
31.
day
of
June
;
whereas
June
hath
but
30.
dayes
,
and
because
he
did
not
discover
the
same
to
the
Justices
of
Assise
before
the
Tryal
of
the
person
:
for
that
cause
he
was
fined
in
the
Starre
Chamber
40
l.
and
the
Judgment
and
execution
of
the
party
respited
.
Rosses
Case
.
721.
A.
levyed
a
Fine
to
the
use
of
himself
for
life
,
the
remainder
to
his
Excecutors
,
untill
they
have
levyed
300
l.
for
the
performance
of
his
Will
,
and
dyes
.
The
Executors
permit
a
stranger
to
enter
,
who
receives
greater
profits
then
will
pay
the
300
l.
afterwards
the
Excecutors
enter
and
make
a
Lease
for
years
:
Resolved
,
that
the
estate
of
the
Excecutors
was
determined
by
their
own
negligence
,
and
although
the
words
of
the
Will
are
,
(
they
shall
have
Levyed
:
)
It
is
intended
untill
they
might
conveniently
have
Levyed
the
300
l.
722.
King
Hen.
the
8.
Mortgaged
certain
Lands
to
Citizens
of
London
,
upon
condition
of
Redemption
by
payment
of
the
money
by
the
King
to
them
:
They
did
not
demand
the
money
at
the
Receit
of
the
Exchequer
,
which
was
so
found
by
Office
.
It
was
the
opinion
of
the
Justices
that
the
King
might
enter
upon
the
Land
;
Wherefore
the
Mortgagees
and
their
Heirs
were
compelled
to
compound
de
Novo
with
the
Queen
for
the
Land
;
and
paid
ten
years
purchase
,
and
took
new
grants
from
the
Queen
of
the
Lands
.
Townsend
and
Kingsmills
Case
.
723.
Ejectione
firme
;
The
Defendants
pleaded
,
that
the
Dean
and
Canons
of
Windsor
was
seised
and
made
a
Lease
for
years
,
and
the
Lessee
assigned
the
Terme
to
the
Defendant
who
was
possessed
,
till
the
Lessor
of
the
Plaintiff
ousted
him
and
disseised
the
Dean
and
Canons
,
and
made
the
Lease
to
the
Plaintiff
;
The
Plaintiff
Replyed
and
confessed
the
seisn
and
Lease
of
the
Dean
and
Canons
,
and
made
title
to
the
Terme
by
the
assignment
made
by
the
Lessee
to
his
Lessor
,
before
the
assignment
to
the
Defendant
,
and
Traversed
the
disseisin
;
It
was
the
opinion
of
the
Justices
,
that
the
Traverse
was
not
good
,
because
he
confessed
and
avoyded
,
and
also
Traversed
.
Vide
,
Helyors
Case
before
pl.
709.
Barres
Case
.
724.
Information
in
the
Exchequer
against
divers
Merchants
,
some
Aliens
,
some
English
;
After
issue
,
the
Aliens
prayed
tryal
per
medietatem
Linguae
:
It
was
denyed
by
the
Court
,
because
the
English
who
were
Defendants
,
could
not
have
that
tryal
.
Lewen
and
Coxes
Case
.
725.
A.
seised
of
Lands
in
Fee
,
devised
them
to
his
2.
Sons
equally
and
their
Heirs
:
If
it
was
a
joynt
estate
in
them
,
or
they
were
Tenants
in
Common
,
was
the
Question
.
It
was
said
,
the
words
equally
had
2.
significations
,
in
the
one
it
referreth
to
the
estate
,
in
the
other
to
the
quantity
of
the
Land
:
It
was
said
,
in
a
Devise
of
Lands
to
2.
equally
,
they
were
joynts
;
But
if
a
Devise
were
to
2.
and
their
Heirs
equally
or
part
and
part
like
,
it
is
a
Tenancy
in
Common
.
At
last
after
long
debate
,
it
was
adjudged
,
it
was
a
Tenancy
in
Common
,
and
so
it
was
affirmed
in
a
Writ
of
Error
in
the
Exchequer
Chamber
,
upon
the
opinion
of
4.
Judges
against
3.
of
them
.
Lovedon
and
Windsors
Case
.
726.
Quare
Impedit
;
the
Case
was
,
L.
had
2.
Presentations
and
W.
the
3.
of
Inheritance
perpetual
:
L.
presented
P.
who
was
Institute
and
Inducted
,
and
afterwards
in
the
time
of
Queen
Mary
was
deprived
,
because
a
Married
man
,
wherefore
he
again
presented
D.
who
was
Inducted
.
Afterwards
P.
was
restored
,
with
Declaration
that
he
had
good
Title
:
Afterwards
P
▪
dyed
,
W.
presented
H.
L.
brought
the
Quare
Impedit
.
It
was
adjudged
for
the
Plaintiff
,
because
the
sentence
declaratory
for
the
restitution
,
made
a
nullity
in
the
deprivation
of
P.
and
upon
that
P.
was
restored
without
new
Presentation
;
and
so
avoyded
the
Incumbency
of
D.
and
so
L.
had
good
Title
to
present
as
his
second
Turne
,
and
W.
had
no
title
to
present
as
yet
.
727.
Upon
the
Statute
of
39
Eliz.
Cap.
6.
Of
Charirable
uses
,
these
poynts
were
Resolved
by
the
Justices
.
1.
That
although
the
Bishop
of
the
Diocesse
be
a
Commissioner
by
the
expresse
words
of
the
Act
,
yet
it
is
not
necessary
,
that
he
be
present
at
the
execution
of
the
Commission
;
but
if
it
be
directed
to
him
and
others
,
they
may
proceed
in
it
without
the
Bishop
,
but
it
must
be
directed
to
the
Bishop
;
else
it
is
void
.
2.
If
it
be
directed
sede
vacante
,
the
Metropolitan
is
not
to
be
named
in
it
,
because
he
is
not
Bishop
of
the
Diocesse
;
and
if
a
Bishop
be
made
before
the
Execution
of
the
Commission
,
the
same
doth
not
take
away
the
force
of
the
Commission
.
3.
If
the
Commissioners
decree
a
Lease
or
Feoffment
to
be
void
,
it
is
void
in
interest
and
estate
:
and
if
the
Lord
Chancellor
,
&c.
after
decree
the
estate
good
,
it
is
again
good
in
interest
;
but
the
Chancellor
cannot
make
any
decree
in
it
,
if
the
former
decree
of
the
Commissioners
be
not
against
equity
.
4.
If
a
Lease
be
made
in
deceit
of
the
Charitable
uses
,
which
is
assigned
to
one
who
hath
not
notice
of
it
for
good
and
valueable
Consideration
;
The
Commissioners
have
power
to
decree
the
Assignment
void
.
5.
The
Commissioners
may
decree
the
mean
profits
long
time
before
taken
to
be
repaid
by
the
party
his
Excecutors
or
Administrators
,
and
had
received
the
and
misimployed
them
as
well
as
they
may
the
profits
which
are
to
come
.
6.
The
Commissioners
cannot
by
decree
estabblish
a
Corporation
of
Churchwardens
or
others
to
take
for
Charitable
uses
,
but
they
may
Decree
Land
to
a
capable
body
Politique
without
danger
of
Mortmain
,
be
the
Land
holden
in
Capite
or
not
,
because
the
Queen
is
bound
by
the
Statute
.
Yet
afterward
the
Justices
altred
their
opinion
in
one
of
the
poynts
,
viz.
That
they
could
not
decree
the
Lease
,
or
estate
void
of
one
who
came
in
without
Notice
,
and
upon
good
Consideration
.
Druries
Case
.
728.
The
Case
shortly
put
was
this
;
A
Countesse
being
a
Widdow
retained
two
Chaplins
;
and
afterwards
she
retained
a
third
Chaplain
,
which
third
Chaplain
purchased
a
Dispensation
to
have
two
benefices
with
Cure
;
his
first
benefice
being
of
the
value
of
8
l.
per
an
.
It
was
Resolved
after
long
Argument
,
that
he
was
not
a
person
Qualified
to
take
two
benefices
within
the
Statute
of
21
H.
8.
of
Pluralities
;
It
was
agreed
,
that
a
Countesse
a
Widdow
,
had
power
to
retain
two
Chaplains
who
might
purchase
Dispensation
for
plurality
;
But
when
she
had
once
retained
two
,
she
could
not
retain
a
third
Chaplin
who
might
purchase
Dispensation
within
the
Statute
;
and
therefore
in
the
principal
Case
the
Retainer
of
Priory
being
the
third
Chaplain
was
not
good
,
nor
his
dispensation
good
,
and
so
the
Queen
for
want
of
Presentation
of
the
Patron
and
Ordinary
had
good
title
to
present
.
Oldbery
and
Grogonds
Case
.
729.
Debt
upon
an
Obligation
,
for
payment
of
certain
money
at
a
day
certain
;
The
Defendant
pleaded
,
that
the
same
was
agreed
to
be
paid
for
the
Resignation
of
a
Parson
of
his
Benefices
,
to
the
intent
another
might
be
presented
unto
it
;
and
so
upon
a
Symoniacal
agreement
;
The
Court
held
it
no
plea
,
for
that
an
averment
shall
not
be
,
that
it
was
to
be
paid
for
other
cause
then
the
Obligation
expresseth
.
Agor
and
Candishes
Case
.
730.
An
information
was
brought
,
in
the
Exchequer
by
an
Informer
tam
pro
Domina
Regina
quam
prose
ipso
:
upon
the
Statute
of
8
E.
4.
cap.
2.
of
Retainers
;
and
Judgment
was
there
given
,
the
Informer
to
have
one
Moyety
of
the
forfeiture
,
and
the
Queen
the
other
Moyety
;
Error
was
brought
upon
the
Judgment
and
assigned
for
Error
,
that
the
Statute
limits
the
party
to
sue
in
the
Kings
Kings
Bench
and
divers
other
Courts
,
but
speaks
not
of
the
Exchequer
;
It
was
the
opinnion
of
the
Justices
,
that
for
that
cause
the
Judgment
was
erroneous
as
to
the
Informer
only
:
Then
it
was
moved
,
that
the
Judgment
might
be
and
stand
good
for
the
whole
forfeiture
to
the
Queen
;
for
it
was
said
,
that
a
Judgment
might
be
reversed
in
part
,
and
stand
for
the
other
part
,
and
divers
Presidents
vouched
to
that
purpose
;
But
the
Court
was
of
opinion
,
because
the
first
Judgment
gave
but
a
Moyery
to
the
Queen
,
this
Court
had
not
power
to
give
more
,
nor
encrease
it
;
but
only
had
power
to
affirme
the
Judgement
.
Boddy
and
Hargraves
Case
.
731.
Debt
upon
a
Lease
for
years
was
brought
against
the
Administrator
,
in
the
Debet
&
detinet
;
It
was
adjudged
well
brought
,
because
the
Rent
was
encreased
in
the
time
of
the
Administrator
himself
;
But
it
was
said
,
That
in
all
Cases
where
the
Executor
,
or
Administrator
brings
an
Action
for
a
duty
Testamentary
,
it
ought
to
be
only
in
the
Detin●t
,
because
the
duty
demanded
ought
to
be
Assets
.
Layton
and
Garnonces
Case
.
732.
A
man
recovered
Debt
in
Co.
B.
and
had
Judgment
,
and
he
took
forth
Processe
,
and
the
party
was
taken
upon
a
Capias
utlagatum
within
the
year
,
after
the
Judgment
upon
Processe
continued
without
any
discontinuance
against
him
:
It
was
adjudged
in
this
Case
,
that
he
should
be
in
Execution
at
the
suit
of
the
party
without
prayer
,
because
the
processe
was
continued
.
Parker
and
Sir
Ed.
cleeves
Case
.
733.
The
Case
was
;
A.
seised
of
three
acres
of
equall
value
,
conveyed
by
act
,
executed
two
of
them
for
the
Joynture
of
his
Wife
;
and
the
third
he
conveyed
by
act
executed
to
the
use
of
such
persons
,
and
of
such
estates
as
he
should
declare
by
his
last
Will
;
afterwards
he
devised
the
Land
to
one
under
whom
the
Plaintiff
claimed
:
In
this
Case
,
it
was
amongst
other
poynts
Resolved
,
that
he
could
not
devise
the
Land
,
because
he
had
Conveyed
two
parts
before
by
act
executed
in
his
life
time
.
Sydnam
and
Courtneys
Case
.
734.
Sir
George
Sydnam
possessed
of
divers
Leases
for
years
,
gave
them
to
his
Daughter
,
who
was
the
Wife
of
C
,
and
to
the
Heirs
of
her
body
,
and
if
she
dyed
withot
Issue
,
that
they
should
remain
to
such
person
of
Combe
Sydnam
;
which
Combe
Sydnam
he
devised
to
his
Cosen
and
his
Heirs
males
,
in
default
of
the
Issue
of
the
body
of
his
daughter
;
There
was
a
Clause
in
the
Will
,
that
his
daughter
should
not
alter
the
Leases
,
but
that
they
should
remain
according
to
the
Will
,
and
made
his
Daughter
his
Executrix
and
dyed
;
C.
caused
the
Daughter
to
enter
upon
the
Leases
as
Executrix
,
and
so
waive
the
Legacy
,
and
afterwards
the
Daughter
dyed
without
Issue
;
Then
C.
caused
an
Administration
to
be
taken
of
the
goods
of
Sir
George
Sydenham
,
which
was
at
the
Costs
of
C.
and
then
to
convey
over
the
Leases
to
C.
The
Heir
of
Sir
Geo●ge
complained
in
Chancery
,
and
the
Leases
decreed
unto
him
,
for
the
two
fraudes
which
were
used
by
C.
in
the
Obliging
of
the
Leases
;
because
the
Daughter
had
them
upon
special
trust
;
and
although
it
was
said
in
this
Case
,
that
the
entail
of
the
Leases
was
not
good
;
yet
because
there
was
a
trust
in
the
Daughter
,
and
expressed
in
the
Will
;
It
was
said
the
parties
were
compellable
to
execute
the
Trust
,
and
the
Lord
Chancellour
resembled
it
to
the
Case
where
an
Assignment
was
made
of
a
Lease
upon
an
expresse
Trust
to
one
,
and
the
Heirs
of
his
body
,
and
afterwards
to
another
,
and
the
Heirs
of
his
body
,
and
the
Assignes
were
Compelled
to
execute
the
Trust
,
and
to
suffer
the
Issues
in
Tail
to
take
the
profits
of
the
Lands
.
The
Countesse
of
Wa●wicks
Case
.
735.
The
Case
was
;
A.
seised
in
Fee
enfeoffed
I.
S.
who
dyed
without
Issue
,
having
Issue
M.
his
Sister
and
Heir
of
the
whole
blood
,
and
T.
of
the
half
blood
;
their
Father
being
long
before
attainted
of
Felony
dyed
seised
,
M.
entred
,
and
enfeoffed
the
Countesse
.
The
point
was
,
if
the
Corruption
of
the
blood
of
the
Father
had
disabled
the
Course
of
discent
and
Inheritance
between
the
Brother
and
Sister
;
Quaere
,
not
Resolved
.
Sprakes
Case
.
736.
A
Copyholder
makes
a
Lease
for
years
;
Resolved
,
that
the
Lessee
may
maintain
Ejectione
firme
,
though
the
Lease
be
not
warranted
by
the
Custom
.
Fisher
and
Smiths
Case
.
737.
Note
,
It
was
Resolved
in
this
Case
;
That
if
a
man
plead
a
Bargain
and
Sale
,
in
which
no
consideration
of
mony
is
expressed
,
there
it
must
be
averred
that
it
was
for
mony
,
and
the
words
for
divers
considerations
will
not
imply
mony
;
but
if
the
deed
be
for
a
Competent
sum
of
mony
,
though
the
certainty
of
the
sum
be
not
expressed
,
it
is
good
enough
.
Worsloy
and
Charnocks
Case
.
738.
A
Statute
Merchant
was
by
M●ttimus
removed
out
of
the
Chancery
in
C.
B.
an
execution
awarded
there
super
tenorem
Recordi
.
Resolved
1.
That
Error
lyes
in
B.
R.
although
the
Original
be
in
the
Chancery
,
and
the
Execution
in
C.
B.
2.
Resolved
,
that
in
that
Case
the
Conusor
cannot
alledge
for
Error
,
that
the
Statute
wants
one
of
the
Seales
that
ought
to
be
to
it
,
because
he
hath
admitted
the
same
in
C.
B.
739.
Debt
in
B.
R.
upon
Mutuatas
for
50
l.
the
Defendant
pleaded
an
Attachment
in
London
,
and
had
found
pledges
;
and
because
the
pledges
were
not
put
in
at
the
day
of
the
last
default
,
but
at
another
day
,
it
was
holden
No
plea
,
and
Judgment
was
for
the
Plaintiff
.
Washington
and
Burgons
Case
.
740.
It
was
holden
by
the
Justices
,
that
if
one
be
bounden
to
make
such
assurance
of
all
his
Land
,
that
another
will
devise
and
require
if
it
be
to
be
done
at
the
Costs
of
the
Devisor
:
he
may
devise
one
Assurance
of
one
part
,
and
another
of
another
part
of
the
Land
;
but
if
be
at
the
Costs
of
the
other
,
he
can
devise
but
a
joynt
assurance
for
the
whole
Land
.
Gage
and
Topers
Case
.
741.
Resolved
in
this
Case
;
If
the
Writ
of
Covenant
upon
which
a
fine
is
levyed
,
be
returned
before
the
date
,
it
is
Error
because
it
is
an
Original
Writ
,
and
not
amendable
by
any
Statute
.
Strougborough
and
Biggins
Case
.
742.
In
Appeal
by
a
Woman
of
the
death
of
her
Husband
of
Murther
;
the
Defendant
is
found
guilty
of
Manslaughter
;
It
was
holden
,
that
a
general
pardon
,
could
not
pardon
the
burning
of
the
hand
,
because
it
is
at
the
suit
of
the
party
.
Vide
Co.
6.
p.
the
Case
Reported
to
be
adjudged
contrary
.
743.
It
was
holden
by
the
Justices
,
that
in
a
scire
fac
.
to
have
Execution
of
a
Fine
,
it
is
no
plea
,
that
there
are
other
Terre-Tenants
not
named
in
the
Writ
;
otherwise
it
is
upon
a
scire
fac
.
to
have
Execution
of
a
Recognizance
.
Bennes
and
Edwards
Case
.
744.
The
Patron
of
the
Advowson
,
granted
the
next
Avoydance
to
B.
and
after
granted
an
other
next
Avoydance
to
R.
who
first
presented
,
and
the
Bishop
refused
;
the
B.
presented
,
and
the
Bishop
refused
his
Clerk
,
also
:
R.
brought
duplex
Querela
against
the
Bishop
before
the
Metropolitan
against
B.
and
upon
default
his
Clark
was
Inducted
by
the
Metropolitan
;
but
depending
the
duplex
Querela
B.
recovered
against
the
Bishops
Ordinary
in
a
Quare
Impedit
,
and
his
Clark
was
Instituted
and
inducted
,
and
he
took
the
profits
of
the
Gleab
Lands
which
were
sowed
by
the
Clark
of
R.
It
was
Resolved
in
this
Case
,
that
the
Clark
of
R.
being
in
upon
the
Judgment
in
the
duplex
Querela
;
the
Clark
who
was
in
upon
the
Recovery
in
the
Quare
Impedit
,
could
not
oust
the
Clark
of
R.
without
a
scire
facias
first
brought
.
Foxley
and
Ansleys
Case
.
745.
The
Bayliff
of
the
Queens
Mannor
,
which
had
waifes
and
estrays
appertenant
,
took
goods
,
esloyned
by
a
Felon
,
and
relinquished
in
the
Mannor
,
and
seased
them
for
the
use
of
the
Queen
;
and
in
Trover
brought
against
him
,
prayed
in
aide
of
the
Queen
;
Resolved
the
Aide
not
grantable
,
being
an
action
transitory
and
not
local
.
James
and
Rudledges
Case
.
746.
Words
,
viz.
Hang
him
,
he
is
full
of
the
Pox
,
I
marvel
you
will
eate
or
drinke
with
him
,
adjudged
not
Actionable
;
for
it
may
be
the
small
Pox
,
and
not
to
defame
the
party
,
but
to
Counsell
his
friend
.
747.
The
Sheriff
sells
a
Terme
upon
a
scire
fac
.
and
afterwards
the
Judgment
is
reversed
;
Resolved
the
party
shall
not
be
restored
to
the
Terme
,
but
to
the
money
for
which
it
was
fold
.
Holford
and
Andrewes
Case
.
748.
Debt
upon
an
Obligation
;
the
Condition
was
to
pay
a
sum
at
a
certain
day
;
The
Defendant
pleaded
,
that
in
respect
of
a
Trespas
done
by
the
Plaintiffs
beasts
upon
the
Defendants
Lands
,
the
Plaintiff
gave
him
a
longer
day
of
payment
which
is
not
yet
come
;
Resolved
,
it
was
no
plea
,
for
that
an
agreement
by
perol
cannot
dispense
with
the
Obligation
.
Scrogs
and
Stevensons
Case
.
749.
In
a
Leet
a
payne
was
assessed
upon
the
Town
,
for
not
making
of
a
Tombrell
and
Stocks
,
and
the
Bailiff
of
the
Mannor
destrained
one
of
the
Town
for
the
payne
,
and
avowed
for
it
:
Adjudged
the
Avowry
not
good
;
because
it
was
not
alledged
,
that
the
payne
was
unpaid
to
the
Lord
;
for
if
any
of
the
Town
paid
it
,
the
Plaintiff
in
the
Replevin
was
not
destrainable
;
and
also
he
doth
not
show
,
that
he
had
a
Precept
from
the
Steward
to
distrain
,
which
he
ought
to
have
Resolved
,
that
the
Lord
of
the
Mannor
and
Leet
,
is
to
finde
the
Tombrell
and
Stocks
,
upon
payne
of
forfeiture
of
his
Liberty
,
and
not
the
Inhabitants
.
Johnson
and
Clarks
Case
.
750.
Debt
upon
Obligation
;
The
Defendant
pleaded
the
Statute
of
Usury
,
Quod
Corrupte
agrea●un
fuit
,
&
quod
Querens
Corrupte
recepit
;
Issue
upon
them
,
found
for
the
Defendant
:
it
was
said
,
that
the
double
Issue
was
a
Mist●yal
;
The
Court
held
the
tryal
good
,
because
an
Issue
is
taken
upon
a
thing
material
,
the
other
upon
a
thing
not
material
,
and
both
being
found
for
the
Defendant
;
it
is
a
sufficient
warrant
for
the
Court
to
give
Judgment
for
the
Defendant
.
Whitcalfe
and
Jones
Case
.
751.
Assumpsit
;
The
Consideration
was
,
that
the
Plaintiff
assumed
to
a
stranger
to
pay
a
debt
which
the
Defendant
owed
him
;
It
was
holden
to
be
a
good
consideration
,
although
he
doth
not
alledge
payment
of
the
money
.
Smith
and
Shepherds
Case
.
752.
Trespas
for
taking
of
his
sheep
;
The
Defendant
justified
as
servant
to
the
Lord
Barkley
,
by
Prescription
to
take
2
d.
for
every
score
of
sheep
passing
through
the
Town
,
and
if
it
was
denyed
upon
request
,
to
detain
the
sheep
till
payment
.
Resolved
,
the
Prescription
was
not
good
to
take
Toll
for
passages
in
via
Regia
,
for
that
the
Inheritance
of
every
man
for
passage
in
via
Regia
is
precedent
to
all
Prescription
.
2.
Resolved
,
a
man
may
prescribe
for
Toll
Traverse
,
because
it
is
a
passage
over
his
own
freehold
,
but
not
for
Toll
thorough
.
3.
In
this
Case
,
it
was
adjudged
against
the
Defendant
,
because
it
was
not
shewed
,
that
the
Sheep
were
passing
thorough
the
Town
before
he
took
the
distresse
,
otherwise
it
doth
not
sure
with
the
Prescription
.
Warner
and
his
Wife
and
Babingtons
Case
.
753.
Debt
upon
an
Obligation
by
Husband
and
Wife
;
the
Defendant
pleaded
the
Wife
had
another
Husband
living
:
The
Plaintiff
said
the
Wife
ad
annos
nubiles
disagreed
to
the
former
marriage
:
It
was
said
by
Popham
,
if
she
marry
another
Husband
infra
annos
nubiles
,
it
is
a
disagreement
to
the
first
marriage
;
à
fortiori
where
she
cohabits
with
the
second
Husband
after
years
of
Consent
;
adjudged
for
the
Plaintiff
.
White
and
Gerishes
Case
.
754.
The
Case
was
,
A.
and
B.
levyed
a
Fine
of
Land
to
I.
S.
with
a
Render
of
a
rent
of
5
l.
to
B.
yearly
with
a
Clause
of
distresse
,
the
Remainder
of
the
Land
to
A.
and
his
Heirs
:
I.
S.
dyed
,
his
Son
distrained
for
the
Rent
;
It
was
adjudged
,
against
the
Avowant
for
the
Rent
in
a
Replevin
brought
,
because
the
limiting
over
of
the
Remainder
of
the
Land
over
,
was
an
Extinguishment
of
the
Rent
.
Davenant
and
Hardis
Case
.
755.
The
Case
long
put
,
was
shortly
this
:
The
Company
of
Merchant
Taylors
of
London
,
having
power
by
Charter
to
make
Ordinances
for
the
better
Rule
and
Government
of
the
said
Company
;
made
an
Order
,
that
every
Brother
of
the
same
society
,
who
should
put
any
Cloth
to
be
dressed
by
any
Clotheworker
not
being
a
Brother
of
the
same
society
,
should
expose
one
half
of
his
Cloths
to
be
dressed
to
some
Brother
of
the
Company
,
upon
pain
of
forfeiting
10
l.
and
to
destrain
for
it
:
This
Case
was
very
long
and
very
Learnedly
argued
vide
the
Book
at
Large
:
At
last
it
was
Resolved
,
That
that
Ordinance
,
although
it
had
the
Warrant
of
a
Charter
,
was
against
the
Common
Law
,
because
it
was
against
the
Liberty
of
the
subject
;
for
every
subject
by
the
Law
hath
Freedom
and
Liberty
to
put
his
Cloth
to
be
dressed
by
what
Clotheworker
he
pleases
,
and
cannot
be
restrained
to
any
persons
:
for
that
in
effect
would
be
a
Monopoly
.
Creswell
and
Holms
Case
.
756.
Debt
upon
Obligation
:
the
Condition
was
,
If
the
Obligee
his
Heirs
and
assignes
shall
and
may
Lawfully
hold
and
enjoy
a
Messuage
,
&c.
without
the
let
,
&c.
of
the
Obligor
or
his
Heirs
,
or
of
every
other
person
discharged
,
or
upon
reasonable
request
saved
harmlesse
by
the
said
Obligor
from
all
former
guifts
,
&c.
the
Defendant
said
,
no
request
was
made
to
save
him
harmlesse
;
It
was
adjudged
for
the
Plaintiff
,
because
the
Defendant
hath
not
answered
to
all
the
Condition
,
viz.
to
the
enjoying
of
the
Land
,
and
there
were
2.
Conditions
,
viz.
the
enjoying
,
and
the
saving
harmlesse
.
Chowley
and
Humbles
Case
.
757.
A
Covenanted
to
make
a
Feoffment
within
a
year
,
to
the
use
of
himself
for
life
,
the
Remainder
to
H.
his
younger
Son
and
the
Heirs
males
of
his
body
,
which
remain
over
,
and
if
he
did
not
make
the
Feoffment
,
he
Covenanted
for
those
uses
,
for
the
Continuance
of
the
Land
in
his
name
and
Blood
.
Proviso
,
if
H.
or
any
Heir
male
make
a
Feoffment
or
Levy
a
Fine
,
his
estate
to
cease
as
if
he
were
dead
,
and
then
the
Feoffees
to
stand
seised
to
the
use
of
such
person
to
whom
the
Land
should
Remain
:
No
Feoffment
was
made
within
the
year
:
A.
dyed
,
H.
the
Son
levyed
a
Fine
to
the
Defendant
.
Resolved
1.
That
the
Proviso
to
cease
the
estate
,
was
repugnant
upon
his
estate
for
life
.
2.
That
his
estate
could
not
cease
when
he
had
levyed
a
Fine
,
because
then
he
had
no
estate
.
3.
That
the
Feoffees
and
their
Heirs
,
could
not
stand
seised
to
the
use
of
the
person
next
in
discent
or
Remainder
,
because
no
Feoffment
was
ever
made
.
Nevil
and
Sydenhams
Case
.
758.
In
valore
Moritagii
;
The
opinion
of
the
Justices
seemed
to
be
That
a
tender
was
not
material
,
but
that
the
value
of
the
mariage
was
due
withot
a
Tender
.
Atkins
Case
.
759.
The
Father
devised
his
Land
to
his
Son
and
the
Heirs
of
his
body
,
and
further
,
I
will
that
after
the
decease
of
my
Son
John
,
the
Land
shall
remain
to
G.
Son
of
John
;
Adjudged
,
John
had
Tail
,
and
his
Wife
should
be
endowed
.
Carter
and
Cleypales
Case
.
760.
All-Soules
Colledge
made
avoid
Lease
by
the
Statute
of
13
Eliz.
because
no
Rent
was
reserved
;
It
was
a
Lease
only
to
try
title
and
Judgment
:
Error
was
brought
and
assigned
,
after
that
the
Lease
was
void
:
The
Judgment
was
affirmed
,
because
the
party
did
not
plead
the
Statute
,
for
otherwise
the
Judges
are
not
to
take
Notice
of
it
.
Clarke
and
Dayes
Case
.
761.
A
man
devised
Lands
to
his
daughter
for
life
;
And
if
she
marry
after
my
death
,
and
have
issue
of
her
body
,
then
I
will
that
her
Heir
after
my
Daughters
death
shall
have
the
Land
,
and
to
the
Heirs
of
their
bodies
begotten
,
the
Remainder
in
Fee
to
a
Stranger
:
It
was
adjudged
she
had
not
tail
but
only
for
Life
,
and
the
Inheritance
in
his
Heir
by
purchase
;
and
therefore
in
this
case
it
was
Resolved
,
the
Husband
of
the
wife
could
not
be
Tenant
by
the
Curtesie
.
Deacon
and
Marshes
Case
.
762.
A
seised
in
Fee
of
a
house
,
and
possessed
of
Goods
,
Devised
in
these
words
;
The
rest
of
my
Goods
,
Lands
and
Moveables
,
after
my
Debts
paid
,
&c.
To
my
three
children
,
B.
C.
and
D.
equally
to
be
divided
amongst
them
:
Adjudged
they
had
but
an
Estate
for
Life
in
the
House
,
and
that
they
were
Tenants
in
Common
of
it
,
and
not
Joynt-Tenants
.
Smith
and
Mills
Case
.
763.
Adjudged
that
a
Sale
made
of
his
goods
by
a
Bankrupt
after
a
Commission
of
Bankrupt
is
awarded
,
is
utterly
void
.
Gibons
and
Marltiwards
Case
.
764.
A.
devised
certain
Land
to
B.
and
C.
his
wife
,
who
was
the
daughter
of
A.
upon
condition
that
they
within
10.
years
should
give
so
much
of
the
Land
as
was
of
the
value
of
100
l.
per
an
.
to
F.
F.
and
that
he
should
find
a
Preacher
in
such
a
place
,
and
if
they
failed
,
their
Estate
to
cease
,
and
that
then
his
Executors
should
have
the
Land
to
them
and
their
Heirs
,
upon
trust
and
confidence
that
they
should
stand
seised
to
the
same
uses
.
B.
within
the
10.
years
made
a
writing
of
Gift
,
Grant
,
and
Confirmation
,
but
no
Livery
nor
Enrolment
of
it
till
after
the
10.
years
.
The
Executors
refused
to
take
upon
them
the
Execution
of
the
Will
;
yet
it
was
adjudged
,
they
should
take
the
Land
by
the
Devise
,
and
that
the
words
,
upon
Trust
and
Confidence
,
made
not
a
condition
to
their
Estates
.
Arrundells
Case
.
765.
In
Indictment
of
Murder
;
the
Murder
was
alledged
to
be
apud
Civitatem
Westm.
in
Com.
Middl.
in
Parochia
St.
Margaret
.
and
for
Tryal
a
Jury
was
retorned
de
Vicineto
Civitate
Westm.
Resolved
,
the
Tryal
not
good
,
for
the
Visne
ought
to
have
bin
of
the
Parish
,
and
not
of
the
city
;
for
a
Parish
is
to
be
intended
more
certain
then
a
city
;
and
when
a
Parish
is
alledged
to
be
in
a
city
,
the
Visne
shall
come
out
of
the
Parish
.
Alderion
and
Mans
Case
.
766.
Assumpsit
:
In
consideration
the
Plaintiff
would
give
his
good
Will
and
furtherance
to
the
Marriage
,
the
Defendant
promised
after
the
Marriage
had
,
to
give
him
20
l.
he
alledged
he
had
given
his
good
Will
,
and
that
he
did
further
it
,
but
did
not
show
particularly
how
;
yet
the
Court
held
it
to
be
a
good
consideration
,
and
adjudged
the
Action
did
lie
.
Savage
and
Brookes
Case
.
767.
Upon
an
Indictment
of
Murder
;
It
was
Resolved
by
the
Justices
,
that
the
Queen
could
not
challenge
Peremptorilie
without
shewing
cause
of
her
challenge
.
768.
Note
.
It
was
Resolved
by
the
Justices
,
That
if
a
man
buy
Corn
,
and
converts
it
to
meal
,
and
afterwards
sells
it
,
it
is
not
an
ingrossing
within
the
Statute
of
5.
E.
6.
Staffords
Case
.
769.
Debt
upon
Obligation
:
the
Condition
to
make
such
further
assurance
as
the
Council
of
the
Obligee
shall
Devise
.
The
Obligor
comes
to
the
Obligee
,
and
shews
his
Council
had
advised
him
to
make
to
the
Obligee
a
Lease
for
years
,
which
he
required
him
to
do
,
and
he
refused
.
It
was
adjudged
the
Obligation
was
forfeited
;
otherwife
if
it
were
to
make
such
assurance
as
the
Council
should
devise
,
for
then
the
Council
ought
to
draw
and
engross
it
ready
to
be
sealed
.
Plaine
and
Binds
Case
.
770.
Assumpsit
11.
Septemb.
to
deliver
certain
goods
to
him
,
if
no
claime
be
made
to
them
before
14.
September
,
and
alledged
no
claime
was
made
post
11.
diem
usque
14.
Septemb.
It
was
said
in
stay
of
Judgment
that
the
Declaration
ought
to
have
been
that
no
claim
was
made
after
the
Assumpsit
,
until
the
14.
day
,
and
not
post
11.
diem
.
The
Court
adjudged
the
Declaration
good
,
because
the
especial
matter
upon
the
division
of
the
day
,
ought
to
come
on
the
other
side
,
otherwise
it
shall
not
be
intended
.
Bullock
and
Bibleys
Case
.
771.
A
Woman
Copyholder
in
Fee
took
Husband
,
who
without
his
Wife
,
surrendred
to
the
use
of
a
Stranger
,
who
was
admitted
,
and
surrendred
to
the
use
of
D.
the
Defendant
,
who
was
admitted
;
the
Husband
died
,
the
wife
survived
and
died
;
the
Heir
before
admittance
made
a
Lease
to
trie
the
Title
:
It
was
adjudged
that
the
Surrender
of
the
Husband
alone
made
no
discontinuance
of
the
Copy-hold
of
the
wife
.
2.
Resolved
that
the
Lease
was
good
before
Admittance
;
otherwise
it
was
of
a
Surrender
before
Admittance
.
Gooles
and
Granes
Case
.
772.
An
Infant
surrendred
Land
which
was
Copyhold
to
the
use
of
a
Stranger
,
who
was
admitted
:
It
was
adjudged
that
the
Infant
at
his
full
age
might
enter
,
because
it
was
no
bar
nor
discontinuance
.
Ford
and
Holborns
Case
.
773.
A.
let
the
Mannor
of
D.
to
H.
for
17.
years
,
rendring
yearly
to
D.
G.
10
l.
and
he
was
bound
in
an
Obligee
to
A.
to
pay
the
said
Rent
to
D.
G.
if
she
so
long
lived
,
and
the
said
H.
or
his
Assignes
should
or
might
so
long
enjoy
the
Premises
.
In
Debt
by
the
Executors
of
A.
against
H.
he
pleaded
that
after
the
Lease
to
him
,
he
himself
surrendred
the
Lease
to
A.
which
he
accepted
,
and
that
till
the
Surrender
no
Rent
was
unpaid
.
It
was
adjudged
for
the
Plaintiff
,
because
the
acceptance
of
the
Surrender
was
no
conclusion
against
the
collateral
payment
to
a
Stranger
,
and
H.
but
for
his
own
Act
might
have
enjoyed
the
Land
still
.
Savage
and
Bechams
Case
.
774.
In
Action
upon
the
case
for
an
Escape
against
the
Prisoner
brought
by
the
Plaintiff
Sheriff
:
It
was
Resolved
that
upon
a
voluntary
escape
the
Sheriff
should
not
maintain
an
Action
against
the
Prisoner
,
but
otherwise
upon
a
negligent
escape
.
West
and
Blackwells
Case
.
775.
A.
Outlawed
after
Judgment
,
was
taken
upon
the
Capias
utlagatum
,
and
afterwards
escaped
:
Resolved
that
he
was
not
in
Execution
for
the
party
without
prayer
.
Williams
and
Beathles
Case
.
776.
Debt
upon
an
Obligation
,
after
Verdict
and
Judgment
it
was
assigned
for
Error
,
that
the
Teste
of
the
Original
was
before
the
day
of
payment
in
the
Condition
.
It
was
holden
Error
,
and
the
Judgment
for
that
cause
reversed
.
Wells
and
Dennyes
Case
.
777.
Upon
a
Recovery
in
Debt
of
400
l.
upon
2
Fieri
fac.
100
l.
was
levyed
and
returned
:
Afterwards
a
Capias
ad
satisfaciend
.
issued
for
the
whole
400
l.
It
was
the
opinion
of
the
Court
,
it
ought
to
issue
forth
;
but
300
l.
and
the
Judgment
for
Execution
was
reversed
.
May
and
Middletons
Case
.
778.
After
Debt
brought
,
the
Plaintiff
attached
in
London
a
debt
due
by
another
man
to
the
Defendant
,
and
had
Judgment
to
recover
:
Adjudged
a
good
bar
to
the
Action
for
so
much
.
Bufkin
and
Edmonds
Case
.
779.
It
was
adjudged
in
this
Case
,
That
a
Rent
payable
off
the
Land
upon
Cesser
of
an
Estate
ought
to
be
demanded
where
no
entry
may
be
.
Hughton
and
Princes
Case
.
780.
Resolved
,
Tythes
shall
not
be
paid
of
Turkies
nor
their
Eggs
,
nor
of
tame
Patridges
or
Pheasants
,
quia
ferae
naturae
.
Beswick
and
Cundens
Case
.
781.
It
was
adjudged
in
this
case
,
That
the
Feoffee
shall
have
Action
upon
the
case
for
a
Nusance
continued
,
though
it
was
erected
before
his
time
.
Sharington
and
Fleetwoods
Case
.
782.
It
was
Resolved
if
a
Parson
Libells
for
Tythes
,
and
a
Prohibition
is
granted
,
and
after
he
libelleth
for
the
Tythes
of
another
year
,
the
first
Suit
not
being
determined
,
an
Attachment
upon
Prohibition
lieth
against
him
.
Hall
and
Vaughans
Case
.
783.
If
the
Jurors
eat
and
drink
at
their
own
proper
costs
before
Verdict
,
after
their
departure
from
the
Bar
,
it
is
fineable
only
,
but
it
shall
not
make
their
Verdict
void
.
Adams
and
Albons
Case
.
784.
Resolved
that
if
a
Venire
facies
bears
date
the
day
it
is
retornable
,
it
is
amendable
by
the
Roll.
Gregory
and
Blas●fields
Case
.
785.
An
Action
upon
the
Statute
of
4.
and
5.
Philip
and
Mary
for
using
the
Trade
of
a
Clothier
,
not
having
bin
bound
an
Apprentice
for
seven
years
,
was
brought
by
Plaint
in
the
Court
of
Ludlow
,
and
Judgment
there
:
The
Judgment
was
reversed
,
because
first
it
ought
to
be
by
Original
,
or
Information
,
and
Secondly
because
it
ought
to
be
brought
in
the
Courts
of
Record
at
Westminster
,
and
not
in
Borough
Courts
.
Varrel
and
Wilsons
Case
.
786.
Conspiracy
:
The
Defendant
pleaded
his
goods
were
Feloniously
Stollen
,
and
he
found
them
in
the
possession
of
the
Plaintiff
,
for
which
he
Indicted
him
,
and
gave
evidence
against
him
,
and
upon
the
Tryal
the
Plaintiff
was
acquitted
,
and
traversed
the
Conspiracy
aliter
vel
alio
modo
.
It
was
adjudged
a
good
Justification
because
the
finding
of
the
goods
in
his
possession
,
was
a
sufficient
cause
of
Suspition
.
Marrow
and
Tarpins
Case
.
787.
Debt
against
two
Administrators
for
Rent
behind
after
the
death
of
the
Intestate
,
they
pleaded
that
before
the
Rent
behind
,
one
of
the
Administraters
assigned
all
his
Interest
to
I.
S.
of
which
the
Plaintiff
had
notice
and
accepted
of
the
Rent
by
the
hands
of
the
Assignee
,
before
the
day
in
which
the
Rent
in
arrear
was
due
.
It
was
Resolved
that
the
privity
of
contract
as
to
the
Action
of
debt
,
was
determined
by
the
act
of
the
Lessee
,
and
therefore
the
action
of
Debt
after
the
Assignment
did
not
lie
against
the
Administrator
.
Smith
and
Johnsons
Case
.
788.
Error
of
a
Judgment
in
Action
upon
Assumpsit
in
the
Court
of
Reding
;
The
certificate
was
Plita
&c.
ad
Cur.
Dominae
Reginae
Burgisui
de
Reding
tenend.
per
consuctudinem
&
Libertat
.
Major
&
Burgensibus
concess.
I
without
saying
per
consuetudinem
ex
antiquo
usitot
.
or
alledging
by
what
person
the
Liberties
were
granted
,
and
for
this
cause
the
Judgment
was
reversed
.
Corbet
and
Corbets
Case
.
789.
A
seised
of
Lands
for
real
affection
,
covenanted
to
stand
seised
to
the
use
of
himself
for
Life
,
and
after
to
the
use
of
R.
and
the
Heirs
Males
of
his
Body
,
the
Remainder
to
C.
and
the
Heirs
Males
of
his
Body
;
Provided
,
if
R.
or
any
Heir
Male
of
his
Body
,
shall
intend
or
go
about
any
act
to
cut
off
the
Estate
tail
,
then
it
shall
be
lawful
for
him
that
is
next
to
enter
.
A.
died
.
R.
suffered
a
common
Recovery
Resolved
the
Proviso
was
repugnant
to
the
Estate
tail
,
and
that
the
Cesser
of
the
Estate
tail
as
if
the
party
had
bin
dead
,
was
impossible
,
and
the
going
about
it
,
such
a
secret
thing
,
that
an
Issue
cannot
be
upon
it
.
Grar
,
Marshal
,
and
Marshals
Case
.
790.
A.
levyed
a
Fine
of
five
yard
Land
to
the
use
of
himself
for
Life
,
the
Remainder
to
the
use
of
his
eldest
Son
,
who
was
the
Plaintiffs
husband
,
and
the
Plaintiff
,
and
the
Heirs
of
the
Body
of
the
Husband
;
Proviso
if
,
the
Husband
died
,
living
A.
his
Father
,
then
G.
the
Plaintiff
his
wife
should
have
yard
Land
and
a
half
,
for
her
Life
in
possession
,
without
shewing
which
Land
,
the
Husband
died
.
The
Wife
entred
and
elected
one
yard
Land
and
a
half
,
A.
entred
upon
her
.
Resolved
that
the
use
for
the
Life
of
the
Father
did
cease
in
it
without
entry
into
the
Land
of
the
Wife
,
and
that
she
should
haue
the
Election
.
The
Lady
Burghs
Case
.
791.
A
seised
of
Land
bargained
and
sold
the
same
to
B.
and
C.
with
power
of
Revocation
by
tender
of
20.
s.
to
them
or
one
of
them
in
the
Hall
of
the
Dean
and
Chapter
of
Westminster
,
in
Westminster
.
A.
tendred
the
20.
s.
in
the
Hall
,
none
of
the
Bargainees
being
present
,
nor
having
any
notice
of
it
.
Afterwards
A.
covenanted
to
stand
seised
to
the
use
of
I.
S.
her
Nephew
.
It
was
Resolved
in
this
Case
,
that
the
tender
of
the
20
s.
was
no
performance
of
the
Condition
to
avoid
the
Estate
.
2.
That
the
conveyance
by
Covenant
to
stand
Seisor
for
consanguinity
,
should
make
void
the
former
Conveyance
containing
the
power
of
Revocation
;
wherefore
it
was
adjudged
for
the
Plaintiff
.
Paramour
and
Veralls
Case
.
792.
The
Town
of
Sandwich
did
prescribe
,
that
if
any
Goods
of
any
Freeman
of
that
Town
came
to
the
hands
of
a
Freeman
and
citizen
of
London
,
the
Mayor
of
Sandwich
,
&c.
had
used
to
write
to
the
Mayor
&c
of
London
,
to
take
good
order
for
restitution
,
and
it
they
refused
and
did
not
return
the
Answer
to
the
Mayor
of
Sandwich
,
&c.
and
did
not
make
Restitution
within
15.
days
,
then
they
of
S.
used
to
detain
the
Body
of
any
Londoner
which
they
should
find
there
,
till
restitution
was
made
:
It
was
Resolved
by
all
the
Justices
,
that
such
a
Prescription
was
not
good
.
Diggs
Case
.
793.
The
case
is
very
long
,
but
this
in
effect
:
A
man
seised
of
Lands
in
Fee
,
for
diverse
considerations
covenanted
to
stand
seised
thereof
to
the
use
of
himself
for
Life
,
and
after
to
the
use
of
his
Son
in
tail
;
Provided
that
at
any
time
during
his
Life
with
consent
of
divers
by
Deed
indented
,
to
be
enrolled
in
any
Court
of
the
King
,
to
revoke
the
said
uses
and
estates
,
and
to
limit
new
uses
;
and
afterwards
by
Deed
indented
,
enrolled
in
the
Chancery
,
he
revokes
the
uses
in
part
of
the
Land
,
and
limits
the
same
to
him
and
his
Heirs
;
and
afterwards
by
another
Deed
he
declares
that
from
the
time
of
the
enrollment
of
the
Deed
in
the
Chancery
,
that
all
the
first
uses
in
the
first
Indenture
shall
be
void
,
and
that
the
Land
shall
be
to
the
use
of
himself
in
Fee
;
and
after
he
levyes
a
Fine
of
all
the
Land
,
and
after
the
Deed
is
enrolled
in
the
Chancery
.
In
this
case
these
points
were
Resolved
.
1.
That
he
might
revoke
part
at
one
time
,
and
part
at
another
time
,
but
he
could
revoke
one
part
but
once
.
2.
That
where
the
Revocation
is
to
be
by
Deed
Indented
to
be
enrolled
,
it
is
as
much
as
to
say
by
Deed
Indented
,
Enrolled
,
for
it
is
no
Revocation
till
enrollment
.
3.
That
there
was
not
a
compleat
and
perfect
Revocation
till
the
Deed
was
enrolled
in
the
Chancery
.
4.
That
the
Fine
before
the
Enrollment
,
had
extinguished
the
power
of
Revocation
.
5.
If
the
Fine
had
not
been
levyed
,
then
by
the
Revocation
the
ancient
Uses
had
bin
destroyed
without
entry
or
claim
,
because
he
himself
was
Tenant
for
Life
,
and
he
could
not
enter
,
and
Acts
of
Revocation
are
as
strong
as
a
claime
.
6.
That
by
the
same
conveyance
,
the
ancient
Uses
might
be
recovered
,
their
Uses
might
be
limitted
.
Costard
and
Wingates
Case
.
794.
A
Lay-man
presented
to
a
Benefice
before
the
Statute
of
13.
Eliz.
made
a
Lease
for
60.
years
,
which
was
confirmed
by
the
Patron
and
Ordinary
;
After
the
Statute
his
Successor
became
bound
in
an
Obligation
that
the
Lessee
should
enjoy
the
Term
;
and
after
he
was
absent
from
his
Living
80.
days
.
It
was
adjudged
the
Obligation
was
not
void
by
the
Statute
of
14.
Eliz.
because
the
Lease
for
years
was
good
,
and
the
Bond
for
enjoyning
it
,
which
the
Successor
cannot
avoid
.
795.
Resolved
by
the
Justices
of
the
Kings
Bench
,
that
if
the
Sheriff
hath
a
capias
against
one
to
find
Sureties
for
the
good
behaviour
,
he
may
break
the
House
,
and
enter
and
arrest
the
party
,
as
well
as
he
may
do
upon
a
capias
utlagatum
.
Talbots
Case
.
796.
He
was
indicted
for
Recusancy
;
That
being
of
the
age
of
16.
years
and
more
,
non
accessit
ad
Ecclesiam
,
&c.
by
the
space
of
6.
months
.
It
was
said
the
Indictment
was
not
good
,
for
Existens
aetatis
16.
annorum
,
shall
be
referred
to
the
time
of
absence
from
the
Church
,
and
not
to
the
time
of
the
Indictment
,
but
the
Court
held
the
Indictment
to
be
good
.
Lovegraves
Case
.
797.
A
man
sued
in
the
Spiritual
Court
for
calling
him
Goose
,
Woodcock
,
he
being
a
Clerk
.
A
Prohibition
was
awarded
;
and
in
this
case
it
was
said
,
the
High
Commissioners
could
not
hold
Plea
for
slanderous
words
spoken
of
a
Clerk
,
but
for
laying
of
violent
hands
on
him
they
might
.
Binghams
Case
.
798.
The
case
was
this
;
Grand-father
,
Father
,
and
Son
;
the
Grand-father
held
the
Mannor
of
D.
of
B.
as
of
his
Mannor
of
S.
by
Knight-Service
,
and
levyed
a
Fine
thereof
to
the
use
of
himself
for
Life
,
the
remainder
to
the
use
of
the
Father
in
tail
,
and
after
to
the
use
of
the
Right
Heirs
of
the
Grand-father
;
the
Father
died
,
his
Son
within
age
.
B.
the
Lord
suffered
a
Recovery
of
his
Mannor
of
S.
unto
the
use
of
himself
and
his
Wife
in
tail
,
the
Remainder
to
the
use
of
C.
and
his
wife
in
tail
,
the
Remainder
to
the
Right
Heirs
of
B.
B.
and
his
Wife
died
without
Issue
,
C.
entred
into
that
Mannor
,
the
Grand-father
died
,
his
Wife
died
,
the
Son
entred
and
made
a
Lease
for
years
:
It
was
Resolved
in
this
case
,
that
as
long
as
the
Grand-father
lived
,
no
Wardship
of
the
body
or
Land
was
due
,
because
the
Reversion
remained
in
himself
,
and
the
mean
man
could
not
be
in
ward
during
the
Life
of
the
particular
Tenant
for
Life
;
and
in
case
of
a
Subject
,
as
long
as
the
Reversion
remained
in
the
Donor
,
or
his
Heir
,
the
Issue
in
tail
,
should
not
be
in
ward
to
the
Lord
Paramount
,
when
the
Son
in
remainder
in
tail
died
,
his
Heir
within
age
.
●
.
2.
Resolved
that
a
man
shall
never
have
the
Wardship
of
the
Heir
,
when
the
Land
was
never
in
his
Fee
or
Seignory
of
him
or
any
of
his
Ancestors
,
at
the
time
of
the
death
of
the
Tenant
.
Bullock
and
Thornes
Case
.
799.
The
case
upon
the
matter
was
shortly
this
:
A
man
conveyed
Land
to
the
use
of
himself
for
Life
,
and
after
to
the
use
of
divers
of
his
blood
,
with
a
future
power
of
Revocation
,
as
after
such
a
Feast
,
and
afterwards
and
before
the
power
of
Revocation
began
,
he
for
valuable
consideration
sold
the
Land
to
one
and
his
Heirs
.
It
was
Resolved
,
that
this
bargaine
and
sale
is
within
the
Remedy
of
the
Statute
of
27.
Eliz.
of
Fraudulent
Conveyances
;
for
the
Act
will
not
that
such
voluntary
conveyance
originally
subject
to
a
power
of
Revocation
,
should
stand
good
against
a
Purchaser
bna
fide
,
for
valuable
consideration
.
Crowther
and
Fryers
Case
.
800.
The
case
was
;
a
Parson
sued
a
Copyholder
for
Tythes
arising
upon
his
Copyhold
;
he
prayed
a
Prohibition
,
and
suggested
that
the
Bishop
of
W.
was
Lord
of
the
Mannor
,
and
that
he
and
his
Predecessors
time
out
of
mind
,
&c.
for
them
,
their
Farmors
and
Tenants
,
had
bin
discharged
of
Tythes
arising
upon
the
Mannor
,
and
shewed
he
had
bin
a
Copyholder
of
the
Mannor
,
and
prescribed
in
his
Lord
.
It
was
the
opinion
of
the
Justices
in
this
case
,
that
although
there
is
a
Prescription
upon
a
Prescription
,
one
in
the
Copyholder
to
make
the
estate
good
,
the
other
in
the
Bishop
to
make
his
discharge
good
;
yet
a
Prohibition
lyeth
for
the
Prescription
in
the
Lord
of
Right
,
of
necessity
;
and
common
Intendment
proceeds
the
Prescription
in
the
copyhold
estate
,
and
the
discharge
of
the
Tythes
in
the
Lord
,
shall
go
to
the
benefit
of
the
Copyholder
.
Blake
and
Allens
Case
.
801.
B.
was
bounden
10
A.
in
an
Obligation
of
an
100
l.
for
the
true
behaviour
of
his
Son
,
he
being
an
Apprentice
to
A.
A.
after
the
sealing
and
delivery
of
the
Bond
,
razed
out
the
word
Libris
,
and
inserted
the
word
Marcis
:
It
was
the
opinion
of
the
Justices
it
was
not
a
Forgery
punishable
,
because
he
made
his
own
Bond
void
,
and
it
was
not
a
prejudice
to
any
but
to
himself
.
802.
Two
Executors
made
Partition
of
their
Testators
Specialties
,
and
then
one
of
them
did
release
to
the
Debtor
an
Obligation
,
which
did
appertain
to
the
part
of
the
other
,
the
Debtor
having
notice
of
the
Partition
betwixt
them
;
the
other
sued
in
Chancery
for
Reliefe
,
but
the
Chancery
would
not
relieve
him
,
but
if
the
Release
was
obtained
by
Covin
for
a
less
Sum
,
then
the
Debt
was
,
there
it
was
holden
the
Debtor
should
satisfie
the
Over-plus
.
803.
It
was
agreed
by
the
Justices
that
the
Hundred
is
not
chargable
with
the
escape
of
the
Felons
,
nor
to
pay
the
Robbery
,
if
the
Robbery
be
done
in
an
House
,
nor
if
it
be
a
Robbery
in
the
High-way
in
the
Night
.
804.
Note
:
It
was
Resolved
●9
.
Feb.
43.
Eliz.
by
the
Justices
upon
the
Arraigment
of
the
Earl
of
Essex
;
1.
That
when
the
Queen
sent
the
Lord
Keeper
and
others
of
her
Council
to
him
,
commanding
him
to
disperse
the
armed
persons
which
he
had
in
his
house
,
and
to
come
to
her
,
and
he
refused
so
to
do
,
and
kept
the
armed
men
in
his
house
,
that
that
was
Treason
.
2.
That
when
he
went
with
a
Troop
of
Captains
and
others
into
the
city
of
London
,
and
there
prayed
aid
of
the
citizens
to
assist
him
in
defence
of
his
Life
,
and
to
go
with
him
to
the
Court
,
so
as
he
might
be
of
power
to
remove
his
Enemies
which
attended
upon
the
Queen
,
that
that
was
Treason
.
3.
That
the
Fact
in
London
was
actual
Rebellion
,
although
he
did
not
intend
hurt
to
the
Queen
.
4.
That
the
adherence
of
the
Earl
of
Southampton
to
the
Earl
of
Essex
,
although
he
did
not
know
of
any
other
purpose
then
of
a
private
Quarrel
which
the
Earl
of
Essex
had
against
certain
of
the
Queens
Sewants
,
was
also
Treason
in
him
.
5.
That
all
those
who
went
with
the
Earl
out
of
Essex-House
into
London
,
whether
that
they
knew
his
intent
or
not
,
were
Traitors
,
although
they
departed
by
Proclamation
;
but
those
who
upon
a
suddam
adhered
to
him
in
London
,
and
departed
so
soon
as
Proclamation
was
made
,
they
were
within
the
Queens
Grace
of
pardon
by
the
Proclamation
.
Holland
,
Jackson
,
and
Ogdens
Case
.
805.
Error
was
brought
to
reverse
a
Recovery
,
and
a
Scire
facias
issued
against
K
and
other
Terre-Tenants
,
depending
which
a
Writ
of
Estrepment
was
awarded
against
the
Terre-Tenants
,
and
Resolved
it
did
well
lye
.
Dalton
and
Hamonds
Case
.
806.
It
was
Resolved
by
the
Justices
in
this
case
,
that
if
the
Lord
demandeth
an
excessive
Fine
of
his
Copyholder
,
and
he
refuseth
to
pay
it
,
it
is
no
forfeiture
;
otherwise
where
it
is
a
reasonable
Fine
,
and
the
Court
and
Jury
shall
be
Judges
of
the
reasonableness
of
it
;
But
if
a
Fine
be
certain
,
the
Tenant
is
to
bring
it
with
him
to
Court
,
and
to
pay
it
before
admittance
,
and
if
he
be
not
ready
to
pay
it
,
it
is
a
forfeiture
.
Gambleton
and
Grassons
Case
.
807.
In
Trover
and
Commission
,
it
was
found
for
the
Plaintiff
;
It
was
moved
in
stay
of
Judgment
,
that
the
Distringas
with
the
Nisi
prius
bore
the
same
date
with
the
Venire
facies
:
It
was
the
Resolution
of
the
Court
,
that
it
should
be
amended
;
for
it
was
aided
by
the
Statute
of
32.
H.
8.
Higgins
and
Spicers
Case
.
808.
A
Venire
facias
was
awarded
to
the
Coroners
,
ita
quod
;
B.
who
was
one
of
the
Coroners
,
se
non
intromittat
,
because
he
was
the
Servant
of
R.
who
was
Sheriff
:
It
was
said
the
same
was
no
cause
of
Challenge
,
but
the
Court
conceived
it
was
,
because
confessed
.
However
it
was
but
a
misconverting
of
process
,
which
was
aided
by
the
Statute
.
Hall
and
Jones
Case
.
809.
Action
was
brought
upon
the
case
for
slanderous
words
in
a
Court
of
Pipowders
;
The
Stile
of
the
Court
was
Curia
pedis
pulverizati
ratione
Mercati
,
&c.
Secundum
consuetudinem
Civiiatis
:
It
was
adjudged
there
for
the
Plaintiff
,
and
Error
brought
and
Assigned
,
that
a
Court
of
Pipowders
doth
not
belong
to
a
Market
,
but
to
a
Faire
:
The
Court
held
that
by
custome
of
a
city
or
place
,
it
might
be
to
a
Market
.
2.
Resolved
,
that
an
Action
upon
the
case
for
slanderous
words
did
not
lie
in
a
Court
of
Pipowders
,
and
for
that
cause
the
Judgment
was
reversed
.
The
Countess
of
Warwick
,
Attwood
,
and
Davies
Case
.
810.
Action
upon
the
case
against
two
,
the
one
pleaded
to
Issue
,
the
other
demurred
;
upon
the
Demurrer
,
the
Plaintiff
had
Judgment
,
and
a
Writ
of
enquire
of
Damages
against
him
alone
,
and
the
Defendant
relinquished
the
other
Issue
.
It
was
the
opinion
of
the
Court
,
that
he
might
relinquish
against
him
,
and
have
Judgment
and
execution
of
the
damages
against
the
other
only
.
Sir
Gervase
Clifton
and
Chancellors
Case
.
811.
In
Trover
and
Conversion
of
Jewels
;
The
Defendant
pleaded
that
a
Stranger
was
possessed
of
the
Jewels
,
and
sold
them
to
him
in
his
shop
in
Bristol
,
he
being
a
Gold-Smith
,
and
because
he
did
not
say
that
the
Sale
was
in
pleno
Mercatu
,
nor
aver'd
it
was
his
shop
in
which
he
used
the
Trade
of
a
Gold-Smith
.
It
was
adjudged
for
the
Plaintiff
;
and
in
this
case
it
was
agreed
,
that
the
King
cannot
grant
to
one
that
his
Shop
shall
be
a
Market
overt
to
bind
Strangers
,
because
it
is
against
the
Law
.
Ludd
and
Wrights
Case
.
812.
In
debt
to
perform
an
Accord
;
the
breach
was
assigned
of
a
thing
out
of
the
Submission
,
and
issue
being
joyned
,
the
Plaintiff
at
the
Nisi
prius
was
Nonsuit
:
Then
the
Judgment
given
upon
the
insufficient
Pleas
is
not
upon
the
Nonsuit
;
It
was
holden
the
Defendant
should
have
costs
for
the
unjust
vexation
.
Gawen
and
Rants
Case
.
813.
In
Replevin
:
the
case
was
,
A.
granted
a
Rent
to
B.
and
his
Heirs
for
the
Life
of
I.
S.
B.
devised
the
Rent
to
I.
D.
The
Rent
was
behind
:
I.
S.
died
;
I.
D.
avowed
for
the
Rent
:
It
was
Resolved
in
this
Case
,
that
by
the
Common
Law
such
a
Rent
was
not
deviseable
;
but
by
the
Statute
of
32
and
34
H.
8.
it
was
though
but
a
Freehold
discendable
.
2.
Agreed
,
that
no
general
Occupant
could
be
of
it
;
and
they
held
,
that
if
it
be
deviseable
by
Custome
,
the
devise
did
prevent
the
Occupancy
.
Web
and
Webs
Case
.
814.
It
was
Decreed
in
Chancery
in
this
Case
;
That
the
Terre-Tenant
should
be
compelled
to
pay
a
Rent
seck
devised
by
Will
out
of
Land
,
notwithstanding
no
seisin
was
had
of
it
.
Sir
Charles
Rawleighs
Case
.
815.
A.
seised
of
Curson
Park
,
executed
an
estate
of
it
to
the
use
of
himself
for
Life
,
and
to
the
use
of
D.
his
Wife
for
life
,
so
long
as
she
should
be
effectually
ready
to
demise
it
to
his
Heir
at
50
l.
Rent
,
when
she
should
not
dwell
on
ir
her self
,
and
for
so
long
as
she
should
not
dwell
upon
it
.
A.
dyed
,
B.
his
Son
entred
,
because
D.
did
not
dwell
upon
it
,
but
removed
with
Sir
Charles
Rawleigh
her
Husband
into
Darset
sheet
,
and
did
not
demise
the
Park
to
him
50
l.
Rent
;
There
were
many
points
in
this
Case
,
but
none
of
them
particularly
Resolved
.
1.
If
the
Husband
D.
had
taken
,
was
bound
to
performe
the
demise
.
2.
If
her
taking
of
Husband
had
disabled
her
to
make
the
demise
.
3.
If
she
being
a
Feme
Covert
had
made
the
demise
,
which
was
void
in
Law
,
if
she
had
performed
the
Condition
.
4.
If
the
Husband
and
Wife
had
joyned
in
a
demise
,
if
that
had
been
a
performance
of
the
Condition
,
the
words
extending
to
her
alone
.
5.
If
the
Heir
B.
ought
to
demand
the
demise
,
or
D.
the
Wife
ought
to
offer
it
.
6.
If
the
demand
ought
to
be
by
word
,
or
by
tender
of
a
Writing
with
a
Reservation
of
50
l.
Rent
.
Agars
Case
.
816.
It
was
agreed
in
this
Case
;
That
the
Queens
Attorny
might
have
an
Information
in
the
Star
Chamber
against
a
Receiver
of
the
Queens
Rent
,
for
a
perjury
supposed
in
advantage
of
the
Queen
,
and
so
might
any
other
person
assigne
perjury
in
an
Oath
for
the
advantage
of
the
Queen
if
he
be
greived
by
it
.
2.
That
perjury
is
assignable
at
an
Inquest
of
Office
,
as
a
Misdemeanor
,
but
not
upon
the
Statute
of
5
Eliz.
Wants
Case
.
817.
It
was
holden
in
Star
Chamber
,
in
this
Case
by
the
Justices
,
That
a
Libeller
is
punishable
there
,
although
that
the
matter
of
the
Libell
be
true
;
and
so
is
he
who
disperseth
Libells
,
although
he
doth
not
know
the
effect
of
them
,
nor
ever
heard
them
read
.
818.
Note
,
it
was
said
and
agreed
,
That
if
one
exhibits
an
Information
in
the
Star
Chamber
,
but
as
a
Common
Informer
for
a
Misdemeanor
,
although
he
hath
not
any
particular
grief
,
and
dyeth
,
his
Executor
or
administrator
shall
not
Revive
it
by
a
Bill
of
Reviver
;
but
the
Kings
Attorney
may
Revive
the
Bill
.
Carewes
Case
.
819.
A
Justice
of
Peace
was
censured
in
the
Star
Chamber
,
because
he
going
to
a
place
to
view
Riotors
,
and
to
remove
the
force
,
and
the
offenders
being
gone
before
his
comming
,
he
was
requested
to
go
to
the
House
where
they
were
,
and
he
refused
to
do
it
.
Gellibrand
and
Habards
Case
.
820.
Gellibrand
was
sentenced
in
the
Star
Chamber
for
levying
a
Fine
by
the
name
of
Gellibrand
,
who
was
then
beyond
the
Seas
,
affirming
himself
to
be
the
same
person
,
and
the
sentence
of
the
Court
further
was
,
that
the
Fine
so
levyed
by
him
should
be
vacated
upon
Record
.
821.
The
Case
was
;
King
Hen.
3.
Anno.
41.
of
his
Raign
by
Letters
Patents
did
recite
,
whereas
R.
N.
held
of
him
by
money
,
Rent
,
Corne
,
Cheese
and
Soccage
Tenure
,
he
granted
to
him
that
from
thence
forth
he
should
hold
by
4
s.
Rent
,
and
by
Knights
service
for
all
services
;
The
point
was
,
if
this
acceptance
of
the
Patent
,
should
make
a
Tenure
by
Knight
service
.
It
was
the
opinion
of
the
Justices
that
it
did
not
,
unlesse
the
estate
of
the
Land
was
then
in
the
King
,
because
the
King
might
discharge
the
services
either
in
part
or
in
all
,
by
his
Patent
,
but
could
not
reserve
services
of
a
new
nature
,
where
he
did
not
give
the
Land
.
Anthony
Mildmay
and
Mildmays
Case
.
822.
Sir
Walter
Mildmay
the
Father
in
consideration
of
Love
and
Aff●ction
,
Covenanted
to
stand
seised
of
Lands
to
the
use
of
himself
for
life
without
impeachment
of
wast
,
the
remainder
to
A.
his
Son
,
and
the
Heirs
males
of
his
body
,
the
remainder
to
H.
and
the
Heirs
males
of
his
body
.
Provided
if
any
of
the
said
partes
shall
go
about
to
resolve
,
determine
,
or
devise
to
do
any
act
,
or
shall
consent
to
any
act
whereby
the
estates
of
them
in
remainder
shall
be
aliened
,
discontinued
,
barred
,
&c.
then
his
remainder
shall
cease
as
if
he
were
naturally
dead
;
The
Father
dyed
,
A.
entred
and
suffered
a
Common
Recovery
.
Resolved
,
that
the
Proviso
was
against
Law
,
and
an
estate
Tail
could
not
cease
,
as
if
Tenant
in
Tail
were
naturally
dead
.
Wells
and
Fentons
Case
.
822.
A.
seised
in
Fee
,
executed
an
estate
to
the
use
of
himself
and
his
Wife
for
life
,
the
remainder
to
such
Woman
as
he
should
afterward
marry
,
which
should
survive
him
:
the
remainder
to
B.
his
Son
in
Tail
;
his
Wife
dyed
,
he
took
another
Wife
,
and
they
both
(
reciting
the
former
Conveyance
)
granted
the
Lands
to
I.
S.
for
40.
years
by
Fine
;
if
A.
and
his
Wife
or
any
of
them
should
so
long
live
.
Afterwards
A.
dyed
,
the
Wife
entred
;
It
was
the
opinion
of
the
Court
,
That
the
Wife
was
barred
of
the
possibility
by
Estopel
,
and
yet
they
agreed
the
Case
,
that
if
a
Lease
be
made
for
life
,
the
remainder
to
the
right
Heir
of
I.
S.
and
the
Heir
Levies
a
fine
in
the
life
of
his
Father
,
the
same
shall
not
bar
the
possibility
.
Peck
and
Channells
Case
.
823.
A.
seised
in
Fee
,
devised
the
same
to
a
Woman
for
life
,
the
Remainder
in
Tail
to
B.
his
Cosen
,
the
Remainder
to
his
right
Heirs
;
the
Woman
and
B.
entermarried
and
levyed
a
Fine
with
Proclamation
,
with
a
Render
to
them
and
the
Heirs
of
the
body
of
the
Husband
;
and
after
they
suffered
a
Common
Recovery
of
the
Husband
and
his
Heirs
,
who
enfeoffed
the
Defendant
,
and
dyed
without
Issue
.
Resolved
the
Fine
did
not
make
any
discontinuance
,
because
the
Conusor
was
not
seised
in
Tail
in
possession
,
but
in
the
right
of
his
Wife
,
and
the
Recovery
did
not
bar
the
Issue
in
Tail
,
nor
the
Remainder
,
because
the
Tenant
was
in
of
another
estate
to
whom
the
recompence
was
,
and
not
of
the
estate
Tail
anciently
devised
.
Rayman
and
Golds
Case
.
824.
A
man
possessed
of
a
Terme
for
80.
years
,
devised
that
after
the
death
of
his
Wife
,
who
he
made
his
Executrix
,
his
two
Sons
B.
and
C.
shall
have
the
whole
profit
of
my
Farm
,
and
the
longest
liver
of
them
shall
appoint
,
who
shall
have
the
residue
of
the
years
which
shall
be
remaining
at
the
time
.
Resolved
1.
That
the
Wife
had
not
any
estate
for
life
by
Implication
.
2.
Resolved
,
That
the
devise
of
the
profits
was
a
devise
of
the
Terme
it self
.
3.
Resolved
,
That
the
Termor
could
not
devise
to
one
for
life
,
with
the
Remainder
of
the
years
to
another
,
which
should
be
behind
at
the
time
of
the
death
of
the
first
devisee
;
But
the
Court
was
of
opinion
,
That
if
a
Termor
devise
,
that
after
the
death
of
a
stranger
I.
S.
shall
have
the
Land
,
for
so
money
years
as
shall
be
then
to
come
;
the
same
is
a
good
devise
,
because
he
might
have
such
a
demise
in
his
life
.
Swan
and
Gaterlands
Case
.
825.
A
Woman
had
two
Sons
by
two
several
Husbands
;
the
Son
of
the
second
Husband
being
within
age
,
the
Uncle
after
the
death
of
the
Woman
claimed
the
Gardianship
in
Socage
,
and
also
the
Brother
by
the
half
blood
;
It
was
adjudged
,
the
Gardianship
did
belong
to
the
Brother
of
the
half
blood
,
and
not
to
the
Uncle
:
Quaere
,
if
the
Brother
be
within
the
age
of
14.
years
.
Specket
and
Shores
Case
.
826.
Debt
to
performe
all
Covenants
in
an
Indenture
of
Lease
,
where
a
Rent
was
reserved
;
The
action
will
not
lye
,
unlesse
there
be
a
demand
of
the
Rent
;
otherwise
if
there
be
an
expresse
Covenant
to
pay
the
Rent
.
Robins
Case
.
827.
Two
Executors
are
in
Suit
which
of
them
is
the
true
Excecutor
;
Resolved
,
that
pendente
Lite
,
the
Ordinary
cannot
Commit
Administration
.
Cotton
and
Wales
Case
.
828.
Debt
upon
Obligation
;
the
Defendant
said
,
the
Plaintiff
was
Sheriff
,
and
upon
the
Arrest
of
the
prisoner
,
took
a
Bond
of
the
Defendant
for
his
enlargment
,
and
said
,
that
by
the
Statute
of
32
H.
8.
he
ought
to
take
Bond
of
sufficient
persons
,
and
said
he
the
Defendant
was
not
a
sufficent
person
:
The
Court
held
the
plea
not
good
;
for
the
Sheriff
is
the
Judge
of
the
sufficiency
,
and
it
is
to
his
own
damage
,
he
being
to
be
amerced
,
if
he
bring
not
in
the
body
.
Mellow
and
Mays
Case
.
829.
Husband
and
Wife
took
a
Lease
for
their
lives
,
and
after
by
a
new
Indenture
they
took
a
new
Lease
to
them
two
,
and
their
Sons
,
Habend
.
to
them
three
,
à
die
datus
Indenturae
pro
termino
vitae
eorum
&
cujuslibet
ipsorum
post
alterum
diutius
viventi
,
with
a
Letter
of
Attorney
for
livery
;
the
Indenture
was
sealed
and
delivered
the
day
of
the
date
,
and
livery
was
made
a
Week
after
;
the
Wife
dyed
,
the
Son
and
Husband
entred
:
In
this
Case
Resolved
,
that
the
acceptance
of
the
second
Lease
to
begin
à
die
datus
was
a
surrender
.
2.
That
the
Lease
was
good
to
begin
à
die
datus
,
because
livery
was
executed
after
the
day
of
the
date
.
3.
That
the
taking
of
a
new
Lease
of
the
Woman
being
Covert
,
was
a
surrender
of
her
estate
during
the
Coverture
.
4.
That
the
Lessees
took
joyntly
,
and
not
by
way
of
Remainder
.
Chard
and
Wyats
Case
.
830.
The
Case
was
;
A
Copyholder
in
Fee
surrendred
to
the
use
of
his
Will
,
and
having
a
Daughter
born
,
and
his
Wife
with
child
,
he
devised
by
Will
part
of
the
Land
to
his
Son
or
Daughter
with
which
his
Wife
went
,
&
haeredibus
suis
legitimè
procreatis
,
and
the
residue
he
devised
to
his
Daughter
born
,
to
have
to
her
and
the
fruit
of
her
body
,
and
if
she
dye
without
fruit
of
her
body
,
the
same
shall
Remain
to
the
Child
in
the
Mothers
belly
;
and
if
both
dye
without
fruit
,
then
I.
S.
should
sell
the
Land
,
and
Willed
the
one
Sister
to
be
Heir
to
the
other
:
The
Wife
of
the
devisor
entred
and
was
admitted
and
had
a
Daughter
which
after
dyed
;
The
Mother
took
Husband
,
and
they
surrendred
:
It
was
Resolved
in
this
Case
,
that
it
was
a
Fee-Tail
in
the
Daughter
after
born
.
2.
Resolved
,
that
one
in
ventre
sa
meir
could
not
take
an
estate
in
possession
by
purchase
,
but
as
this
Case
,
she
might
take
a
Remainder
.
3.
The
point
was
,
if
the
surrender
was
a
Discontinuance
;
In
that
point
the
Court
was
divided
in
opinion
:
But
they
agreed
,
that
a
Copyhold
might
be
entailed
by
Custom
.
M●nviles
Case
.
831.
The
Case
was
;
the
Husband
seised
in
Fee
,
levyed
a
Fine
and
afterward
1
Mariae
was
Out-lawed
of
Treason
;
the
Conusee
conveyed
the
Land
to
the
Crown
,
and
afterwards
the
Daughter
of
the
Husband
reversed
the
Out-lawry
;
now
the
Wife
of
M.
the
person
Out-lawed
,
sued
to
have
Dower
within
the
5.
years
after
the
Out-lawry
reversed
,
but
long
time
after
the
Fine
levyed
.
In
this
Case
it
was
Resolved
,
that
she
was
not
barred
by
the
5.
years
after
the
Fine
,
but
she
might
have
5.
years
after
the
Out-lawry
reversed
.
2.
That
because
no
Office
was
found
to
entitle
the
Queen
to
the
Land
,
she
having
it
by
Conveyance
there
,
and
in
such
Case
there
need
no
Office
to
find
her
Title
of
Dower
.
Derick
and
Kergs
Case
.
832.
A.
seised
of
Lands
in
S.
in
Com.
Midd.
and
of
other
Lands
in
E.
in
the
County
of
S.
made
two
several
Leases
for
years
of
them
,
to
two
several
persons
,
reserving
upon
each
Lease
10
l.
Rent
;
and
and
after
he
made
his
Will
,
viz.
As
concerning
my
Lands
,
I
give
and
bequeath
the
Rent
of
10
l.
a
year
in
S.
in
the
parish
of
E.
to
my
Wife
M
during
her
Life
,
and
after
her
decease
to
my
Father
,
and
after
his
decease
to
my
brother
G.
and
if
it
please
God
they
dye
without
Issue
,
Then
to
F.
and
I.
my
brethren
.
Item
,
I
give
to
my
Wife
,
my
house
and
Tenements
in
S.
The
Defendant
Married
M.
and
after
the
years
expired
,
claimed
the
Lands
during
the
life
of
his
Wife
:
It
was
conceived
in
this
Case
,
that
the
word
(
Rent
)
was
not
sufficient
to
convey
Land
,
by
the
Statute
of
Wills
:
Quaere
,
for
it
was
said
,
it
was
afterwards
adjudged
that
it
was
.
Arden
and
Backhouses
Case
.
833.
The
Case-was
;
an
Action
of
Covenant
,
B.
sold
Land
to
the
Father
of
A.
and
covenanted
,
that
he
was
seised
of
the
Land
at
the
time
of
the
sale
;
whereas
King
Hen.
8.
was
seised
,
and
had
Mortgaged
the
same
to
19
Cottagers
,
with
a
Proviso
,
that
if
he
and
his
successors
within
a
year
after
should
pay
to
them
a
sum
certain
,
or
to
their
Heirs
,
that
the
grant
should
be
void
;
no
place
was
appointed
of
payment
;
wherefore
because
the
Mortgagees
did
not
demand
the
Rent
at
the
Exchequer
,
the
King
was
seised
again
,
upon
which
the
Defendant
demurred
;
It
was
the
opinion
of
the
Court
in
this
Case
,
that
no
demand
in
this
Case
ought
to
be
made
by
the
Mortgagees
,
because
the
payment
is
elegible
in
the
King
at
his
pleasure
.
1.
2.
Resolved
,
whereas
the
Land
lay
in
the
County
of
Oxon
.
an
Office
found
of
not
a
demand
in
Midd.
was
not
sufficient
to
revest
the
seisin
of
the
Lands
in
the
King
;
but
the
Office
ought
to
have
been
in
the
proper
County
where
the
Land
lay
.
Evans
and
Williams
Case
.
834.
The
Plaintiff
brought
debt
against
I.
S.
for
30
l.
who
for
not
appearance
was
Out
lawed
,
the
Sheriff
took
him
upon
the
Capias
Utlegatum
,
and
returned
Cepi
,
and
after
suffered
him
to
Escape
;
It
was
adjudged
an
action
of
Escape
lay
against
the
Sheriff
by
the
party
,
and
that
the
Jury
are
to
give
him
the
value
of
his
debt
and
the
damages
.
Web
and
Hargraves
Case
.
835
Debt
upon
Obligation
;
the
condition
was
,
where
W.
was
Patron
of
a
Benefice
with
Cure
then
void
,
if
he
presented
the
Defendant
,
and
if
the
Defendant
continued
Incumbent
for
a
year
,
and
after
the
year
,
all
time
within
three
moneths
after
Notice
and
request
,
was
ready
to
resigne
,
and
did
resigne
the
Benefice
to
the
Ordinary
to
be
presented
thereunto
again
by
W.
and
should
not
before
Resign
,
that
then
,
&c.
the
Defendant
pleaded
the
Statute
of
13
and
14
Eliz.
that
Obligation
and
Covenants
for
enjoyage
of
Lease
were
void
,
and
pleaded
that
after
he
was
Inducted
he
made
a
Lease
to
the
Plaintiff
W.
of
the
benefices
for
21.
years
,
and
avered
the
Obligation
was
made
for
the
enjoying
of
the
Land
by
the
Lease
,
upon
which
the
Plaintiff
demurred
:
It
was
the
opinion
of
the
Court
,
that
the
plea
was
good
,
but
that
the
averment
was
not
sufficient
;
It
was
adjudged
against
him
.
Williams
and
Greens
Case
.
136.
Debt
upon
a
single
Bill
;
the
Defendant
pleaded
he
delivered
it
to
the
Plaintiff
as
an
Escrowle
upon
Condition
,
that
if
he
delivered
him
a
horse
at
such
a
day
,
it
should
be
his
deed
;
otherwise
not
.
It
was
the
opinion
of
the
Court
that
the
Plea
was
not
good
,
because
a
Deed
cannot
be
delivered
to
the
party
himself
as
an
Escroale
.
Hungate
,
Mease
,
and
Smiths
Case
.
837.
Debt
upon
an
Obligation
to
perform
an
accord
of
all
Controversies
betwixt
the
parties
from
the
beginning
of
the
World
to
the
30.
of
August
,
4
Eliz.
so
as
the
Award
be
pronounced
and
delivered
utrique
parti
ante
14.
diem
Augusti
.
and
shewed
,
that
he
awarded
that
all
Suits
should
cease
,
and
they
should
be
friends
,
and
that
the
Defendant
should
pay
to
the
Plaintiff
7
l.
and
that
the
Award
was
pronounced
to
the
parties
before
14.
Augusti
,
upon
nihil
debet
,
all
the
said
matter
was
found
only
that
the
pronouncing
of
the
Award
was
to
Mease
,
and
not
to
Smith
.
It
was
adjudged
against
the
Plaintiff
because
he
ought
to
have
pronounced
the
Award
to
each
of
the
parties
Defendants
;
and
also
it
was
void
,
it
was
but
an
Award
of
one
part
;
also
void
that
all
Suits
should
cease
,
which
could
not
be
without
Non-suit
,
Retraxit
,
or
discontinuance
of
the
parties
.
Dogett
and
Vowells
Case
.
838.
Assumpsit
:
In
consideration
the
Plaintiff
had
lent
to
the
Defendant
20
l.
the
Defendant
promised
to
lend
the
Plaintiff
10
l.
quando
requisitus
,
&c.
It
was
adjudged
no
good
consideration
,
because
consideration
of
a
thing
past
,
is
not
sufficient
to
ground
Assumpsit
.
Parhan
and
Nortons
Case
.
839.
Replevin
:
The
Defendant
avowed
for
a
Relief
by
the
death
of
I.
S.
late
Tenant
;
The
Plaintiff
said
the
Land
discended
from
I.
S.
to
his
two
Daughters
,
who
enfeoffed
the
Plaintiff
,
and
that
the
Lord
accepted
the
Rent
of
him
:
Adjudged
that
the
acceptance
of
the
Rent
from
a
new
Tenant
,
was
no
bar
of
the
Reliefe
due
by
the
former
Tenant
.
Lord
Berkley
and
Countess
of
Warwicks
Case
.
840.
Before
the
Statute
of
West
.
2.
Lands
are
given
to
Husband
and
Wife
in
Frankmarriage
,
the
Remainder
to
the
Heirs
of
the
Husband
if
it
be
tail
:
Quaere
,
not
adjudged
;
vide
25.
Eliz.
Webb
and
Potters
Case
.
Guy
and
Brownes
Case
.
841.
A
Farmor
of
the
King
of
a
capital
Messuage
,
made
a
Conduit
to
convey
the
water
to
his
House
over
the
Land
of
a
Copy-holder
of
the
Mannor
;
afterwards
the
Mannor
is
granted
to
one
,
and
the
Copyhold
to
another
.
Resolved
the
Farmer
may
amend
the
Pipes
in
the
Land
of
the
Copyholder
without
Trespass
.
Worleys
Case
.
842.
A.
lent
B.
a
100
l.
for
a
year
,
and
took
an
Obligation
of
him
for
10
l.
Interest
(
Interest
being
then
10
l.
per
cent
.
)
payable
5
l.
at
the
half
year
,
and
5.
l.
at
the
end
of
the
year
.
Adjudged
it
was
not
Usury
within
the
Statute
.
Hainsworth
and
Prettyes
Case
.
843.
A
seised
in
Fee
having
four
Sons
and
a
Daughter
,
by
Will
devised
20
l.
to
each
of
his
younger
Sons
,
and
his
Daughter
,
to
be
paid
by
his
eldest
Son
at
their
ages
of
21.
years
,
and
if
the
eldest
Son
do
not
pay
,
he
devised
the
Land
which
he
had
before
devised
to
his
eldest
Son
and
his
Heirs
,
to
the
younger
,
and
the
Daughter
and
their
Heirs
:
It
was
Resolved
,
1.
That
the
eldest
Son
took
by
discent
,
and
not
by
the
Devise
:
2.
The
breach
of
payment
to
one
of
them
,
should
give
the
estate
to
them
all
,
and
the
eldest
Son
should
lose
the
Land
for
not
payment
of
the
Fourth
,
and
they
should
have
the
Lands
as
Joynt-Tenants
3.
That
the
entrie
of
one
of
them
in
the
name
of
the
rest
was
good
,
because
they
are
Joynt-Tenants
.
More
and
Morecombs
Case
.
844.
The
condition
of
an
Obligation
was
,
to
deliver
all
the
tackle
of
a
ship
mentioned
in
an
Inventory
under
the
hands
of
four
men
,
or
in
default
thereof
to
pay
so
much
mony
to
the
Plaintiff
,
before
such
a
Feast
,
as
the
four
men
shall
value
the
tackle
at
;
the
Defendant
said
they
did
not
value
the
tackle
;
Adjudged
no
Plea
,
because
the
Defendant
had
Election
to
do
two
things
,
and
if
he
cannot
do
the
one
for
any
default
of
a
Stranger
or
other
,
he
is
to
do
the
other
;
and
in
this
case
he
at
his
peril
is
to
procure
the
men
to
value
the
tackle
.
Walter
and
Pigotts
Case
.
845.
Debt
upon
an
Obligation
de
Septingentis
Libris
;
The
condition
was
,
Septuagintis
Libris
:
Adjudged
he
was
to
pay
400
l.
not
70
l.
and
the
Bond
good
.
Bibell
and
Dringhowses
Case
.
846.
A.
conveyed
Lands
to
the
use
of
himself
in
tail
,
with
divers
Remainders
in
tail
,
with
a
Proviso
it
should
be
lawful
for
him
to
make
Leases
for
Life
or
years
;
afterwards
he
made
a
Lease
for
the
Life
of
D.
the
Defendant
:
After
the
death
of
A.
the
Plaintiff
in
the
●ight
of
his
Wife
in
Remainder
entred
:
The
points
were
,
1.
If
the
Demise
generally
made
unto
,
was
Tenant
in
tail
in
Interest
,
and
who
had
Authority
by
the
Proviso
to
make
Leases
,
shall
be
const●ued
to
be
made
by
his
Interest
or
his
Authority
without
declaring
his
Election
;
the
Court
doubted
of
this
point
,
2.
Because
the
Deed
did
comprise
as
well
Fee
simple
Land
and
Lands
in
tail
if
it
shall
enure
by
way
of
Interest
for
the
Fee
simple
Land
only
,
and
by
Authority
for
the
Land
in
tail
.
Quaere
also
;
But
they
Resolved
the
Proviso
to
make
Leases
was
good
.
847.
Note
Upon
the
Statutes
of
13
Eliz.
Cap.
4.
and
39
Eliz.
Cap.
7.
upon
Sale
made
by
the
Queen
upon
Accomptants
and
Debtors
Lands
;
That
if
any
Officer
be
Tenant
in
tail
,
the
Remainder
over
,
and
afterwards
the
Officer
dieth
without
Issue
before
any
sale
made
by
the
Queen
,
and
he
in
the
Remainder
enters
,
and
is
in
by
force
of
his
Remainder
,
which
was
created
before
the
Tenant
in
tail
became
Officer
,
yet
that
Land
shall
be
sold
by
the
Queen
.
2.
When
an
Officer
is
endebted
to
the
King
,
and
his
Land
subject
to
be
sold
by
the
Act
13.
Eliz.
and
he
to
prevent
the
sale
of
the
Queen
,
and
to
evade
out
of
the
Act
,
makes
a
conveyance
of
his
Lands
to
his
Issues
or
others
of
his
Blood
in
consideration
of
natural
affection
,
that
such
conveyance
shall
not
be
good
,
not
said
to
be
Bona
fide
within
the
Proviso
of
the
Act
of
39
Eliz.
but
that
the
Queen
may
sell
the
Land
for
so
much
of
her
debt
,
as
was
due
before
the
conveyance
.
3.
If
the
Officer
or
Debtor
of
the
Queen
after
39
Eliz.
be
Tenant
in
tail
.
or
hath
power
of
Revocation
,
there
the
Queen
may
sell
the
Land
by
the
Statute
of
39
Eliz.
and
if
any
such
Officer
or
Debtor
before
39.
Eliz.
and
and
after
13.
Eliz.
had
made
any
conveyance
to
his
Issues
or
Blood
,
without
valuable
consideration
,
especially
if
it
be
with
power
of
Revocation
,
that
Land
may
be
sold
by
the
Queen
by
the
Statute
of
39.
Eliz.
Adams
and
Lamberts
Case
.
848.
A
man
devised
Lands
to
his
Brother
for
Life
,
the
Remainder
for
Life
,
the
Remainder
in
tail
,
upon
condition
to
find
a
Chaplain
for
ever
to
pray
for
Souls
,
and
for
the
Souls
of
all
Christian
people
,
to
celebrate
Mass
,
Annusaries
and
other
Superstitious
uses
,
and
if
they
failed
to
perform
the
Uses
,
then
he
devised
the
Remainder
for
eight
years
to
an
Hospital
,
and
because
he
doubted
the
profits
of
those
Lands
would
not
suffice
,
he
devised
other
Lands
to
supply
them
,
upon
condition
that
if
they
aliened
or
let
the
Land
to
the
prejudice
of
those
in
the
Remainder
,
they
should
presently
enter
and
to
be
seised
to
the
said
uses
.
It
was
resolved
,
1.
That
the
Devise
of
Land
to
find
a
Priest
,
&c.
was
a
Superstitious
use
.
2.
That
although
one
of
the
uses
was
uncertain
,
and
no
certain
Sum
limitted
to
it
.
3.
That
although
the
Devise
was
for
the
Sustentation
and
Maintanance
of
poor
men
,
yet
the
Limitation
to
them
to
pray
for
Souls
was
a
Superstitious
use
,
because
they
depended
upon
the
Superstitious
uses
;
and
therefore
it
was
Resolved
in
this
case
that
all
the
Lands
were
given
to
the
King
by
by
the
Statute
of
1.
Eliz.
of
Chaunteries
.
Salway
and
Wales
Case
.
849.
It
was
holden
by
the
Justices
,
That
if
a
man
makes
a
Deed
of
Feoffinent
in
December
,
and
after
and
before
Livery
executed
,
the
Feoffor
sells
the
Land
by
good
assurance
to
another
,
and
after
that
the
Feoffee
takes
Livery
and
Seifin
of
the
Feoffor
,
it
is
Forgery
in
the
Feffor
and
the
Feoffee
.
So
if
the
Feoffee
causeth
Livery
to
be
endowed
generally
upon
the
Deed
,
without
a
special
day
of
making
the
Livery
,
the
Indorsement
is
Forgery
.
Mouse
and
Weavers
Case
.
850.
The
case
was
A.
after
a
Recovery
in
an
Assize
in
the
Court
of
the
Mannor
of
Isleworth
,
and
before
Seisin
delivered
by
the
Bayliff
of
the
Mannor
,
bought
the
Copyhold
by
Surrender
:
It
was
adjudged
maintenance
within
the
Statute
of
32.
H.
8.
But
it
was
holden
by
the
Justices
,
that
if
one
recover
Land
,
and
be
in
possession
by
Writ
of
Seisin
,
he
may
sell
the
same
although
he
nor
his
Ancestor
or
other
by
whom
he
claims
was
in
possession
by
the
space
of
a
year
next
before
:
And
in
this
case
it
was
holden
by
the
Justices
that
a
Clerk
or
Attorney
in
one
Court
,
cannot
sollicite
a
Cause
in
another
Court
,
although
it
be
for
the
same
matter
which
was
in
his
own
Court
.
Pollard
and
Moretons
Case
.
851.
It
was
Resolved
in
this
case
,
that
a
Justice
of
Peace
coming
to
remove
a
Force
,
may
take
posse
comitatus
with
him
.
2.
Resolved
if
one
entreth
into
an
house
,
where
no
man
is
in
the
house
,
with
armed
men
,
or
company
unusual
,
the
same
is
a
forceable
entry
.
Whetstone
and
Mintons
Case
.
852.
A.
a
Citizen
of
London
seised
divers
Messuages
in
the
Parish
of
St.
Mary
Sommerset
in
Queen-hith
London
:
25
H.
6.
devised
the
same
to
his
two
Daughters
in
tail
,
and
for
want
of
such
Issue
,
to
the
Parson
and
Churchwardens
of
St.
Michael
and
their
Successors
,
they
yearly
holding
and
making
an
Anniversary
in
the
Church
for
the
Soul
of
him
and
his
Wife
,
paying
6
s.
8
d.
yearly
,
amongst
the
Chaplains
and
others
there
;
and
if
the
Parson
and
Churchwardens
were
remisse
in
holding
Anniversary
,
then
the
Parson
and
Curchwardens
and
Successors
for
that
time
,
should
pay
20
s.
of
the
Uses
of
those
Lands
Nomine
poenae
to
the
use
of
the
Chamber
of
London
:
The
Devisor
died
,
the
Land
being
of
the
yearly
value
of
10
l.
3
s.
4
d.
The
Daughters
died
without
Issue
,
the
Parson
and
Churchwardens
entred
,
and
took
the
profits
and
held
the
Anniversary
,
and
paid
yearly
the
6
s.
8
d.
amongst
the
Chaplains
,
&c.
et
non
ultra
:
The
Statute
of
1.
Ed.
6.
of
Chaunteries
was
found
:
The
sole
Question
in
this
case
whether
the
Land
or
Annual
Rent
were
given
to
the
Crown
by
the
Statute
of
1
Ed.
6.
of
Chaunteries
.
It
was
Resolved
by
the
Justices
in
this
Case
that
only
the
Annual
Rent
of
6
s.
4
d.
was
given
to
the
Crown
by
the
Statute
,
and
not
the
Lands
,
for
they
said
it
had
bin
often
adjudged
,
that
where
a
stipend
was
appointed
to
an
Anniversary
,
Obit
,
Legacy
,
&c.
there
although
the
Land
was
given
in
the
Premises
,
the
Crown
should
have
but
the
stipend
;
and
in
this
case
the
intent
of
the
Devisor
was
clear
that
the
Parson
and
Churchwardens
should
have
all
the
profits
over
and
above
the
6
s.
4
d.
yearly
to
their
own
use
.
Grills
and
Rigewayes
Case
.
853.
The
case
was
;
A
man
was
in
Execution
for
debt
,
and
brake
Prison
and
escaped
.
The
Sheriff
made
fresh
Suit
,
and
retook
him
:
It
was
adjudged
in
this
case
no
escape
,
and
it
was
holden
that
if
the
Prisoner
who
escapes
be
out
of
his
sight
,
yet
if
the
Sheriff
or
Goaler
take
him
upon
Fresh
Suit
in
recenti
persecutione
,
he
shall
be
in
Execution
again
.
854.
Note
,
it
was
Resolved
by
the
Justices
,
that
the
breaking
of
a
Dwelling-house
in
the
night
,
to
the
intent
to
rob
or
kill
any
one
,
is
Burglarie
,
although
that
no
person
be
in
the
house
;
and
if
a
man
have
two
houses
of
Habitation
which
he
dwells
in
by
turnes
,
if
a
Thief
in
the
night
breakes
the
house
in
which
the
person
is
absent
,
it
is
Burglarie
.
Austin
and
Twynes
Case
.
155.
It
was
Resolved
in
this
case
,
if
two
Churches
,
one
of
the
value
of
10
l.
and
the
other
of
8
l.
be
within
one
mile
of
another
,
the
Ordinary
may
consolidate
them
;
and
if
the
Patron
and
King
confirm
it
,
the
consolidation
is
good
by
the
common
Law
,
and
by
the
Statute
pf
37
H.
8.
856.
The
King
made
the
city
of
Gloucester
a
County
,
with
a
clause
of
exemption
from
the
County
of
Gloucester
,
and
of
the
power
of
the
Officers
of
the
County
,
saving
to
the
King
and
his
Heirs
,
Liberty
for
their
Justices
of
Assize
,
Goal-delivery
,
and
keeping
Sessions
there
;
Resolved
it
was
a
good
Saving
,
and
that
all
Justices
in
their
Sessions
to
be
holden
within
the
city
,
might
hear
and
determine
Offences
committed
in
the
County
,
but
no
offence
done
within
the
city
,
though
in
the
time
of
the
Sessions
.
Heydon
,
Smith
,
and
others
Case
.
857.
Audita
Querela
:
The
case
was
,
A.
and
B.
seised
of
Capite
Lands
,
and
P.
seised
of
Soccage
Lands
,
they
all
three
acknowledged
a
Statute
of
8000
l.
to
R.
A.
and
B.
levyed
two
several
Fines
of
their
moyeties
to
C.
and
W.
to
the
use
of
themselves
and
their
heirs
,
until
default
of
payment
was
of
certain
Annuities
,
and
then
to
the
use
of
C
:
and
W.
they
after
default
of
payment
sold
the
Lands
to
H.
and
D.
H.
released
to
D.
who
devised
the
Land
in
tail
,
and
died
,
the
Devisee
in
tail
died
without
Issue
;
the
Wives
of
the
Plaintiff
were
Heirs
to
D.
to
whom
the
third
part
of
the
Capire
Land
discended
:
R.
had
extended
the
Lands
upon
Statute
,
before
the
default
of
payment
of
the
Annuities
,
and
before
the
Bargain
and
Sale
,
and
although
he
sued
the
extent
against
A.
and
B.
and
also
P.
yet
the
Sheriff
extended
the
Lands
of
A.
and
B.
and
to
defeat
the
extent
,
and
to
have
Restitution
because
the
Land
of
P.
was
not
extended
,
the
Audita
Querela
was
brought
:
The
principal
point
in
this
case
was
,
if
the
Bargainee
,
and
those
which
claim
under
him
,
should
have
no
Audita
Querela
for
the
extent
made
before
his
time
:
Another
point
was
,
if
the
Coheirs
should
have
an
Audita
Querela
,
without
the
owner
of
the
two
parts
,
all
of
them
being
Tenants
in
common
,
and
equally
grieved
with
the
extent
:
The
case
is
very
learnedly
argued
pro
&
con
,
but
not
Resolved
.
Salter
and
Botelers
Case
.
858.
A
Rent
was
granted
to
A.
his
Executors
and
Assignes
,
for
the
Life
of
B.
out
of
Bl.
acree
.
A.
died
living
a
Cestuy
que
use
.
The
Executors
of
A.
distreined
for
the
Rent
,
and
averred
the
Life
of
B.
It
was
adjudged
the
Distress
was
not
lawfull
,
because
by
the
death
of
the
Grantee
the
Rent
was
determined
;
but
if
the
Rent
had
been
granted
to
the
Grantee
and
his
Heirs
,
the
Heir
of
the
Grantee
should
have
bin
a
special
Occupant
,
and
he
might
distrein
for
the
Rent
.
Ewer
and
Moiles
Case
.
859.
In
a
Replevin
by
E.
in
the
Kings
Bench
against
M.
M.
being
an
Infant
appeared
there
by
Artorney
;
also
an
Imparlance
was
entred
Petit
licentiam
interloquendi
usque
,
and
no
day
was
named
,
and
Judgment
being
there
given
,
for
these
Errors
the
Judgment
was
reversed
.
Boulton
and
Bastards
Case
.
860.
A.
and
his
Wife
seised
in
the
Right
of
the
Husband
of
the
Mannor
I.
exchanged
the
same
with
S.
and
D.
for
the
fourth
part
of
the
Mannor
of
S.
A.
died
,
the
Wife
entred
into
I.
and
evicted
it
for
her
Life
.
It
was
adjudged
it
was
a
defeating
of
the
Exchange
for
ever
,
because
the
exchange
was
of
Land
in
possession
;
and
yet
the
Justices
held
that
a
Reversion
might
be
exchanged
for
Lands
in
possession
;
and
Note
,
It
was
said
that
unequall
value
or
quantity
in
the
one
more
then
the
other
,
should
not
avoid
the
exchange
,
but
otherwise
it
is
of
unequality
of
Estate
.
Stephen
and
Tots
Case
.
861.
T.
and
his
Wife
being
divorced
in
the
spiritual
Court
,
à
thoro
&
mensa
;
The
Father
of
the
Wife
devised
a
Legacy
to
her
,
for
which
she
sued
the
Plaintiff
his
Executor
in
the
Spiritual
Court
;
he
there
pleaded
the
Release
of
the
Husband
,
which
the
Spiritual
Judges
would
not
allow
of
:
It
was
the
opinion
of
the
Justices
in
this
Case
,
that
the
Release
of
the
Husband
was
good
notwithstanding
this
Divorce
.
Sparke
and
Sparkes
Case
.
862.
A
man
made
a
Lease
for
life
,
and
after
made
a
Lease
for
99.
years
after
the
death
of
Tenant
for
life
,
if
the
Lessee
for
99.
years
should
so
long
live
,
and
if
he
dyed
within
the
Terme
,
the
Lessor
granted
that
the
Land
should
Remain
to
his
Excecutors
and
Assignes
for
21.
years
after
the
death
of
the
Survivor
of
both
the
Lessees
.
The
Lessee
for
99.
years
granted
the
Lease
for
21.
years
rendring
Rent
,
and
dyed
Intestate
,
having
survived
the
Lessee
for
life
;
the
Administrator
brought
Debt
against
the
Assignee
of
the
Terme
for
21.
years
for
the
Rent
;
It
was
adjudged
,
that
the
action
did
not
lye
,
because
the
Contingent
foe
21.
years
never
vested
in
the
Lessee
for
99.
years
the
Intestate
,
nor
ever
was
in
him
to
dispose
or
grant
.
Bridge
and
Atkins
Case
.
863.
Words
,
viz.
Thou
art
an
old
perjured
Knave
,
and
that
is
to
be
proved
by
a
stake
between
the
ground
of
such
and
such
,
adjudged
that
for
these
words
the
Action
did
not
lye
.
Bothes
Case
.
864.
He
was
arraigned
of
Felony
for
a
second
forgery
after
Cónviction
of
a
former
forgery
in
the
Star
Chamber
,
upon
the
Statute
of
5
Eliz.
of
writings
concerning
the
Lands
of
I.
S.
In
this
Case
,
Resolved
that
no
Accessary
can
be
in
Forgery
,
but
all
one
principally
.
2.
Resolved
that
for
Felony
the
Kings
Bench
might
commit
one
to
the
Fleet
,
or
unto
any
other
Prison
;
and
also
that
a
Prisoner
who
is
condemned
to
perpetual
Imprisonment
,
was
not
Baileable
nor
Removeable
.
Shaw
and
Norwoods
Case
.
865.
A
man
by
his
Will
devised
40
l.
to
two
Infants
equally
;
the
Executrix
delivered
the
money
to
one
to
whom
the
Defendant
was
Executor
,
who
made
a
Bill
testifing
he
had
received
the
40
l.
to
the
use
of
the
Infants
;
one
of
the
Infants
dyed
Intestate
;
his
Administrator
brought
Debt
against
the
Defendant
the
Executor
of
the
Baylee
;
It
was
adjudged
,
the
Action
was
maintainable
and
the
specialty
,
although
it
was
not
made
to
the
Infants
,
yet
it
was
a
sufficient
Testimony
of
the
debt
.
Fort
and
Wards
Case
.
866.
A
Copyholder
had
Common
of
Estovors
in
the
Lords
Woods
,
appurtenant
to
his
Copyhold
;
and
he
purchased
the
Freehold
of
Inheritance
in
the
Copyhold
,
and
had
words
in
his
deed
of
purchase
of
all
Commons
appertaining
to
the
said
Messuage
:
Yet
it
was
adjudged
,
that
the
Common
which
he
had
to
the
Copy
estate
was
extinct
;
but
if
there
had
been
special
words
in
the
Grant
of
the
like
Common
as
he
had
in
the
Copyhold
before
the
surrender
,
it
had
been
good
,
and
as
a
new
grant
of
Common
.
Morgan
and
Slades
Case
.
867.
It
was
Resolved
by
all
the
Justices
of
England
,
that
an
action
upon
the
Case
,
upon
Assumpsit
,
lyeth
upon
every
contract
Executory
,
as
well
as
an
Action
of
Debt
.
Seymayne
and
Greshams
Case
.
868.
G.
and
B.
were
Joynt
Tenants
of
a
house
in
Lond
,
wherein
they
had
several
goods
,
B.
acknowledges
a
Statute
and
dyed
;
a
Writ
of
Execution
came
to
the
Sheriff
of
Lond.
who
came
to
the
house
with
a
Jury
to
extend
the
goods
of
B.
G.
seeing
them
,
and
knowing
the
Cause
of
their
comming
,
to
the
intent
to
frustrate
the
Execution
,
shut
the
Door
of
the
house
so
as
the
Sheriff
could
not
do
Execution
:
For
which
the
Plaintiff
brought
his
Action
upon
the
Case
,
and
layd
it
to
be
to
his
damage
of
2000
l.
It
was
adjudged
against
the
Plaintiff
,
that
the
Action
did
not
lye
.
Vide
this
Case
more
at
large
in
Cook
3.
part
of
his
Reports
.
Cornwalls
Case
.
869.
Quo
Warranto
;
for
claiming
goods
of
Felonum
de
se
:
The
Defendant
said
,
that
the
Mannors
of
S.
and
L
in
the
County
of
Gloucester
,
were
within
the
Principality
of
Wales
before
the
Statute
of
27
H.
8.
and
the
Kings
Writ
did
not
run
there
,
and
that
his
Grandfather
seised
of
those
Mannors
as
Lord
Marcher
used
amongst
others
to
have
that
Liberty
of
goods
of
Felons
de
se
:
and
that
the
Statute
of
27
H.
8.
which
united
Wales
to
England
had
a
Proviso
,
that
the
Lord
Marchers
should
retain
their
Franchises
,
to
hold
Courts
,
to
have
Waifes
and
Estrays
,
infangtheef
,
outfangtheef
,
and
Felons
goods
;
and
deduced
the
Mannors
to
himself
,
and
eo
Warranto
he
claimed
to
have
the
good
of
Felons
de
se
within
his
Mannors
:
upon
which
it
was
demurred
:
the
Case
is
only
argued
,
bet
not
Resolved
.
Ideo
Quaere
.
Darcy
and
Allens
Case
.
870.
The
Queen
by
her
Letters
Patents
,
granted
to
Darcy
the
Importation
and
sole
making
of
playing
Cards
within
the
Realm
of
England
,
for
a
certain
Terme
of
years
:
A
Citizen
and
Freeman
of
the
Company
of
Haberdashers
in
London
,
Cards
beings
Merchantable
Commodities
,
brought
Cards
into
England
and
sold
them
,
for
which
Darcy
brought
his
Action
of
the
Case
,
and
declared
it
was
to
his
damage
of
2000
l.
upon
which
there
was
a
demur
in
Law
.
It
was
in
this
Case
,
after
long
and
Learned
Arguments
,
at
length
Resolved
,
That
the
Letters
Patents
for
the
sole
making
of
playing
Cards
within
the
Realm
was
void
;
because
it
being
a
Mechanical
Trade
,
it
was
contrary
to
the
Liberty
,
and
to
the
prejudice
of
the
Subject
▪
2.
That
the
dispensation
or
sole
License
to
have
the
Importation
of
Cards
was
a
Monopoly
,
and
so
void
by
the
Law
.
See
Coo.
11.
pt.
the
Case
of
Monopolies
.
Garrard
and
the
Dean
and
Chapter
of
Rochesters
Case
.
871.
The
Dean
and
Chapter
by
deed
under
their
Common
Seal
,
granted
to
the
King
the
Mannor
of
S.
in
exchange
for
other
Lands
;
the
deed
was
made
without
a
Letter
of
Attorney
,
but
they
acknowledged
it
to
be
their
deed
in
their
Chapter
house
before
I.
S.
Attorney
of
the
Court
of
Augmentations
,
who
brought
it
into
Court
and
it
was
there
enrolled
;
with
a
Memorandū
that
the
enrolment
was
such
a
day
,
which
was
a
moneth
before
the
date
of
the
deed
;
In
this
Case
it
was
Resolved
,
1.
That
the
acknowledgment
of
the
deed
in
the
Chapter
house
was
sufficient
,
without
doing
it
by
Attorney
.
2.
That
the
Attorney
of
the
Augmentation
might
take
the
acknowledgment
of
a
Deed
out
of
Court
,
he
being
a
Judge
of
the
Court.
3.
That
the
enrolment
of
the
deed
before
the
date
of
it
was
not
void
,
as
to
make
the
deed
void
,
because
it
was
only
the
Misprision
of
the
Clark
,
which
shall
not
make
the
deed
void
.
Prine
and
Allingtons
Case
.
872.
A
Capias
ad
satisfaciend
'
was
2.
July
delivered
in
Holborne
to
the
Sheriff
of
C.
he
the
same
day
made
his
Warrant
to
his
Bailiffs
,
but
afterwards
the
same
day
there
came
a
Supersedeas
to
the
Sheriff
;
the
Bailiffs
not
having
notice
of
it
,
took
the
party
in
Execution
,
who
escaped
and
they
retook
him
:
upon
which
false
Imprisonment
was
brought
.
It
was
adjudged
,
the
Action
did
lye
,
for
the
retaking
of
him
was
not
Lawfull
,
because
the
Authority
of
the
Sheriff
was
determined
by
the
Supersedas
;
Yet
the
Court
held
the
Bailiffs
were
excused
in
this
Case
,
and
no
action
of
Debt
upon
the
escape
did
lye
,
because
they
had
no
notice
of
the
Supersedas
.
Webster
and
Allens
Case
.
873.
A
Copyholder
,
where
the
custome
was
to
demise
for
three
Lives
,
demised
to
one
for
life
,
the
Remainder
to
such
a
one
as
he
should
marry
,
and
the
first
Son
of
his
body
.
Resolved
,
that
both
the
Remainders
were
void
,
but
the
estate
for
his
own
life
good
.
Penny
and
Cores
Case
.
874.
Debt
upon
Obligation
for
payment
of
8
l.
the
Defendant
pleaded
payment
of
5
l.
before
the
day
,
and
acceptance
of
it
in
satisfaction
of
the
8
l.
It
was
adjudged
a
good
plea.
The
Queen
and
Bishop
of
Peterboroughs
Case
.
875.
A
Baronesse
which
was
a
Widdow
retained
two
Chaplains
,
they
purchased
Dispensation
,
the
Baronesse
was
married
before
they
accepted
double
Benefices
;
It
was
adjudged
,
they
might
after
take
two
Benefices
,
because
the
marriage
was
no
discharge
of
their
Service
,
but
if
the
Baronesse
dye
,
before
they
accept
the
Benefices
,
they
cannot
afterwards
take
two
Benefices
within
the
Statute
of
21
H.
8.
Ward
and
Lakins
Case
.
876.
In
a
Replevin
;
the
Plaintiff
declared
of
the
taking
of
two
Heifors
apud
W.
tali
die
,
and
did
not
say
in
quodam
loco
vocato
,
&c.
and
for
that
cause
the
Declaration
was
held
to
be
insufficient
.
Scarles
Case
.
177.
Debt
against
an
Excecutor
by
Original
,
he
pleaded
a
Recovery
in
the
Court
of
I.
and
that
ultra
he
had
not
goods
;
the
Recovery
was
after
the
Teste
of
the
Original
;
but
the
Defendant
avered
that
he
had
not
notice
of
the
Original
;
It
was
holden
by
the
Court
a
good
plea
;
but
if
a
man
be
sued
upon
an
Obligation
,
and
he
will
pay
another
debt
after
without
suit
,
if
he
have
notice
of
the
first
suit
,
Devastavit
in
an
Execuror
.
Gregory
and
Harrisons
Case
.
878.
Resolved
,
Ejectione
firme
doth
not
lye
of
a
Copyhold
,
if
the
Plaintiff
doth
not
declare
,
the
Custome
,
Lease
and
Ejectment
,
879.
A
Woman
recovered
Dower
in
the
Common
pleas
,
and
had
a
Writ
to
the
Sheriff
,
to
put
her
in
possession
of
the
same
:
The
Sheriff
returned
the
Writ
,
that
he
delivered
her
84.
Acres
;
and
that
she
had
entred
into
24.
Acres
parcel
thereof
,
and
accepted
of
the
same
.
Resolved
it
was
a
good
bar
to
her
,
although
it
was
a
lesse
quantity
then
the
3.
part
of
the
Land
mentioned
in
the
Record
.
Aoliffe
and
Archdales
Case
.
780.
Resolved
in
this
Case
;
If
a
man
be
bounden
to
pay
money
for
the
Meat
,
Drink
and
Apparel
of
an
Infant
,
and
pay
it
;
and
take
a
Bond
of
the
Infant
to
repay
the
money
,
such
a
Bond
is
void
,
and
the
Infant
shall
avoid
it
,
for
Nonage
.
Broke
and
Smiths
Case
.
881.
It
was
adjudged
in
this
Case
;
that
where
a
man
by
a
Deed
was
to
discharge
Lands
from
all
Incumbrances
,
and
before
the
sealing
and
delivery
of
the
Deed
there
is
Memorandum
endorsed
,
that
it
should
not
extend
to
such
an
Incumbrance
:
It
was
Resolved
,
the
Endorsement
is
an
explanation
of
the
Deed
,
and
made
parcell
of
it
;
and
a
suit
upon
an
Obligation
to
discharge
Incumbrances
;
shall
not
extend
to
the
Incumbrances
mentioned
upon
the
endorsement
of
the
Deed.
Yate
and
Goths
Case
.
882.
A.
was
indebted
to
B.
who
dyed
Intestate
,
his
Wife
took
Letters
of
Administration
,
and
brought
debt
,
and
had
Judgment
,
and
after
dyed
Intestate
:
It
was
adjudged
,
that
an
Administrator
de
bonis
,
none
of
the
first
Intestate
,
could
not
sue
forth
Execution
upon
the
Judgment
,
but
is
put
to
a
new
action
of
debt
.
Swelman
and
Cuts
Case
.
883.
A
Lease
was
made
for
years
,
upon
condition
,
that
if
there
should
be
default
made
of
Reparations
upon
Warning
given
within
6.
Months
,
the
Lessor
to
reenter
.
Resolved
,
the
warning
in
this
Case
must
be
given
to
the
person
and
not
at
the
place
;
and
both
to
the
person
of
the
Lessee
,
as
the
person
of
his
Assignee
.
Wilmot
and
Knowles
Case
.
884.
A.
and
his
Wife
seised
of
Land
to
them
,
and
the
Heirs
of
the
Husband
,
bargained
and
sold
them
to
I.
S.
upon
Condition
if
they
,
or
any
of
them
,
or
the
Heirs
,
or
Assignes
of
the
Husband
pay
500
l.
at
such
a
day
to
I.
S.
it
shall
be
Lawfull
for
the
Husband
and
Wife
,
and
the
Heirs
of
the
Husband
to
enter
,
and
to
hold
in
their
former
estate
;
and
that
after
the
payment
,
all
Fines
and
Assurances
should
be
to
the
use
of
the
Husband
and
his
Heirs
,
and
to
no
other
use
:
A
Fine
was
Levyed
before
the
enrollment
of
the
Deed
;
the
Husband
dyed
having
a
daughter
married
to
I.
D.
who
in
the
right
of
his
Wife
payed
the
money
and
entred
.
The
Defendant
in
the
Right
of
the
Wife
of
A.
entred
;
It
was
adjudged
his
entry
was
Lawfull
,
because
upon
the
point
the
use
was
revested
in
the
Wife
,
as
it
was
before
the
Fine
;
and
the
last
part
of
the
Fine
declaring
the
use
to
the
Husband
and
his
Heirs
,
was
void
.
Atkins
and
Longviles
Case
.
885.
King
H.
8.
Anno.
33.
of
his
Raign
,
bargained
and
sold
Land
to
the
Ancestor
of
the
Defendant
without
any
words
of
grant
;
It
was
adjudged
,
it
was
good
enough
by
the
Expresse
words
within
the
Statute
of
31
H.
8.
of
Monasteries
,
which
makes
all
Patents
,
Indentures
and
writings
made
by
the
King
after
4.
Feb.
Anno
27.
of
Monastery
Land
to
be
made
within
3.
years
after
the
Act
to
be
good
.
886.
In
Trespas
;
the
Record
of
Nisi
Prius
was
of
a
Trespas
12
Jan.
25
Eliz.
whereas
the
Declaration
was
of
a
Trespas
12
Jan.
45
Eliz.
found
for
the
Plaintiff
;
I
was
adjudged
,
the
Plaintiff
could
not
have
Judgment
,
nor
the
Record
of
Nisi
Prius
amendable
by
reason
of
this
variance
.
Fitzwilliams
Case
.
887.
A.
suffered
a
Recovery
to
the
use
of
himself
and
his
Wife
,
with
a
Remainder
to
their
Son
:
Provided
,
it
shall
be
Lawfull
for
him
and
his
Wife
by
their
joynt
Deed
sealed
and
delivered
before
three
Credible
Witnesses
,
to
alter
,
change
,
revoke
,
determine
and
make
void
any
use
,
estate
or
estates
limited
in
the
said
Deed
,
and
to
limit
new
uses
,
and
from
thence
forth
the
Recovery
shall
be
to
the
new
uses
.
A.
and
his
Wife
made
a
Deed
,
and
by
the
same
declare
,
That
it
was
their
intent
to
alter
,
change
and
determine
,
revoke
and
avoid
all
the
former
uses
to
their
Son
,
and
thereupon
without
more
words
they
limited
new
uses
:
It
was
adjudged
,
it
was
a
good
revocation
of
the
old
uses
,
and
a
good
limitation
of
the
new
uses
.
Vide
Cook
6.
part
33.
Brown
and
Nichols
Case
.
188.
It
was
Resolved
in
this
Case
,
that
a
Conduit
to
carry
Water
to
an
house
,
shall
passe
with
the
house
,
by
the
word
Appertenant
;
and
the
owner
may
come
upon
the
Land
of
another
to
mend
it
,
so
it
be
done
at
a
convenient
time
,
and
that
without
either
Prescription
or
Grant
.
Pudsey
and
Neusons
Case
.
889.
The
Condition
of
an
Obligation
was
,
that
if
the
Obligor
make
all
reasonable
acts
,
&c.
which
shall
be
for
assurance
,
&c.
to
be
required
by
the
Obligee
before
sueh
a
day
,
&c.
Adjudged
a
general
request
is
sufficient
,
and
the
Obligor
at
his
perill
is
to
make
it
;
otherwise
if
it
had
been
to
be
devised
by
the
Obligee
or
his
Councell
,
there
he
must
shew
,
that
he
had
required
such
a
particular
Assurance
,
viz.
a
Fine
or
a
Feoffment
,
&c.
Milliner
and
Robinsons
Case
.
890.
Ejectione
firme
.
A
Lease
was
made
by
two
Coparteners
,
the
Declaration
was
Quod
demiserunt
:
ruled
not
good
,
because
it
is
a
several
Lease
of
each
of
them
or
his
part
:
The
Case
further
was
,
A.
devised
his
Land
to
his
brother
I.
and
if
he
dyed
having
no
Son
,
that
the
Land
should
Remain
to
W.
for
life
,
and
if
he
dyed
having
no
Son
,
to
Remain
to
the
right
Heirs
of
the
Devisor
.
Resolved
,
I.
had
an
estate
Tail
,
but
W.
had
it
but
for
life
,
or
at
least
to
his
Heirs
Females
;
for
having
no
Son
,
is
meer
Contingent
.
Frewwater
and
Rois
Case
.
891.
Tenant
in
Tail
,
the
Remainder
in
Tail
,
Remainder
to
the
right
Heirs
of
Tenant
in
Tail
:
Tenant
in
Tail
Covenanted
to
stand
seised
to
the
use
of
himself
and
his
Heirs
untill
marriage
,
and
after
to
the
use
of
himself
for
life
,
the
Remainder
to
his
Wife
for
life
,
with
divers
Remainders
over
in
Tail
,
and
after
he
suffered
a
Recovery
and
dyed
:
It
was
adjudged
,
it
was
a
bar
of
the
Ancient
Tail
,
because
by
the
Covenant
to
stand
seised
,
there
was
not
any
alteration
of
the
estate
of
the
Tenant
in
Tail
.
892.
A
Parson
sued
for
Tythes
of
Fodder
;
the
Parishioners
prescribed
in
Non
decimando
,
because
the
Fodder
was
for
their
Cattell
which
manured
their
Land
;
It
was
holden
no
good
Prescription
,
but
it
was
agreed
Tythes
should
not
be
paid
for
Agistments
,
nor
for
Wood
,
for
hedgwood
to
enclose
the
Corne
,
nor
for
Fewell
.
Rye
and
Fuliambs
Case
.
893.
A.
was
divorced
from
his
Wife
for
Incontinency
,
he
after
took
another
Wife
,
living
the
first
Wife
;
Adjudged
the
second
Marriage
was
void
,
because
the
Divorce
was
but
à
Mensa
&
Thoro
,
and
not
à
Vinculo
Matrimonii
.
Ward
and
Sudmans
Case
.
894.
The
Case
was
:
The
Bishop
of
Exeter
in
Consideration
of
service
and
other
Considerations
,
gave
Lands
to
T.
his
Servant
,
and
to
S.
his
Kinswoman
in
Tail
:
Quaere
,
if
it
was
a
Joynture
within
11
H.
7.
because
no
Consideration
was
expressed
but
service
,
and
the
Consanguinity
is
but
a
Consideration
implyed
;
The
Court
doubted
of
it
,
The
Case
was
not
Resolved
.
Errors
.
Short
and
Hellyars
.
895.
Trespas
;
Quare
clausum
fregit
,
&
blada
tritici
,
ad
valent
'
40
l.
messuit
,
conculcavit
&
consumpsit
;
nec
non
herbam
ad
valent'
centum
solid'
pedibus
ambulando
conculcavit
&
Consumpsit
:
found
for
the
Plaintiff
;
Error
assigned
,
1.
Because
the
Venire
facias
was
returned
upon
Sunday
,
which
was
not
dies
juridicas
.
2.
Because
he
supposed
the
Continuance
of
the
Trespas
in●depasturatione
herbae
,
whereas
the
Trespas
is
not
supposed
in
the
pasturing
,
but
only
in
conculcatione
&
consumptione
herbae
pedibus
ambulando
.
The
Court
held
the
first
was
amendable
by
the
Statute
of
18
Eliz
and
for
the
second
they
said
,
it
was
but
surplusage
.
Sir
George
Hennage
and
Curtis
Case
.
896.
Trespas
:
for
Trespas
done
in
his
Close
in
H.
the
Defendant
justified
and
prescribed
by
reason
there
was
a
Common
Foot
way
from
H.
thorow
the
said
Close
,
unto
another
Foot
way
from
H.
to
K.
in
the
same
County
.
Issue
was
upon
the
Prescription
,
the
Venire
facias
was
only
of
H.
whereas
it
ought
to
have
been
of
H.
and
K.
and
for
that
cause
the
Judgment
was
reversed
.
Holt
and
Tilcocks
Case
.
897.
Assumpsit
against
the
Defendant
Administratrix
of
W
:
T.
her
Husband
,
and
that
W.
T.
by
his
Bill
such
a
day
,
&c.
promised
for
him
and
his
Executor
to
deliver
to
the
Plaintiff
5000.
Tyles
before
the
Feast
of
All-Saints
,
and
to
pay
to
the
Plaintiff
tantum
quantum
incrementū
,
and
gaines
which
the
Defendant
should
receive
of
the
said
Tyles
for
a
year
,
and
averred
the
said
W.
T.
received
of
the
gaines
8
l.
and
that
the
Defendant
in
consideration
the
Plaintiff
would
suffer
the
Defendant
to
take
and
have
the
sole
and
only
Administration
of
the
goods
of
her
Husband
,
and
give
her
day
for
the
payment
as
well
of
the
8
l.
as
of
the
5000.
Tyles
,
promised
to
pay
the
mony
and
deliver
the
Tyles
upon
request
;
all
which
the
Plaintiff
did
,
and
yet
the
Defendant
had
not
performed
her
promise
.
Judgment
upon
Nihil
dicit
against
the
Defendant
.
Error
was
brought
;
it
was
adjudged
,
that
the
consideration
was
insufficient
,
because
by
the
Law
the
Administration
was
to
be
counted
to
the
Wife
,
and
it
doth
not
appear
that
the
Plaintiff
had
any
Administration
committed
to
him
,
or
that
he
exhibited
any
Caveat
into
the
Spiritual
Cour
to
hinder
the
Wife
of
the
Administration
;
and
as
to
the
giving
day
of
payment
,
that
was
not
good
,
because
the
Defendant
was
not
his
debtor
,
nor
chargeable
in
Law
to
pay
him
,
and
for
these
causes
the
Judgment
was
reversed
.
Hog
and
Blocks
Case
.
898.
Assumpsit
:
The
Defendant
was
indebted
to
the
Plaintiff
10
l.
and
in
consideration
the
Plaintiff
would
not
sue
him
for
the
said
10
l.
he
promised
to
deliver
to
the
Plaintiff
,
14.
Quarters
of
Barley
upon
request
;
Issue
was
joyned
,
the
Clerk
of
the
Assizes
returned
the
Postea
,
and
therein
put
John
Puckering
,
before
a
Serjeant
which
was
omitted
,
which
was
assigned
for
Error
,
but
the
Court
held
it
no
Error
,
and
the
Judgment
was
affirmed
.
Levine
,
Vanvive
,
and
Michael
Vanvies
Case
.
899.
Debt
upon
Obligation
to
perform
the
award
of
A.
and
B.
of
,
for
and
upon
all
Actions
and
other
Demands
whatsoever
had
,
stirred
,
depending
,
having
been
between
the
parties
till
the
date
of
the
Obligation
.
The
Arbitrators
awarded
the
Defendant
should
deliver
to
the
Plaintiff
before
the
last
day
of
June
next
,
six
Kentish
cloaths
which
were
battered
by
I.
S.
for
the
thred
of
the
said
Levine
.
Issue
was
upon
the
deliver
of
the
cloaths
,
and
found
for
the
Plaintiff
;
Error
brought
and
assigned
the
arbitrament
was
of
a
thing
out
of
the
Submission
;
It
was
adjudged
it
was
within
the
Submission
,
and
the
party
was
tied
to
the
performance
of
it
;
The
Judgment
was
affirmed
.
The
Lord
Mordant
and
Bridges
Case
.
900.
Action
upon
the
case
for
these
words
,
viz.
The
Lord
Mordant
did
know
that
Proud
robbed
Shotbolt
,
and
at
such
time
as
Proue
should
be
arraignes
,
therefore
be
willed
Bridges
to
compound
with
Shotbolt
for
the
same
Robbery
,
and
told
Bridges
he
would
see
him
satisfied
therefore
,
if
it
cost
him
100
l.
It
was
found
for
the
Plaintiff
,
and
damages
a
1000
l.
and
the
Lord
Mordant
had
Execution
by
elegi●
of
the
Lands
of
Bridges
;
Bridges
died
,
the
Administrator
brough●
Error
in
the
Exchequer
Chamber
;
the
Lord
pleaded
in
abatement
o●
the
Writ
of
Error
,
his
Execution
by
elegit
,
and
so
the
Administraton
could
not
have
Error
.
Resolved
the
Writ
of
Error
did
lie
for
the
Administrator
,
because
it
might
be
the
Land
might
be
evicted
,
and
then
the
Plaintiff
might
resort
to
the
Goods
.
2.
It
was
assigned
fo●
Error
,
that
words
were
not
actionable
in
themselves
,
for
it
wa●
said
,
that
one
may
compound
for
a
Robbery
knowing
of
it
,
but
no●
for
the
Felony
,
and
the
words
are
not
to
compound
for
the
Felony
▪
Also
it
was
said
,
that
it
doth
not
appear
in
the
Declaration
,
that
th●
Lord
was
a
Justice
of
Peace
at
the
time
of
these
words
spoken
t●
Bridges
,
although
he
was
at
the
time
that
Bridges
spake
the
words
o●
him
in
the
Declaration
;
upon
the
Writ
of
Error
it
doth
not
appe●●
if
the
words
were
actionable
or
not
;
for
it
doth
not
appear
in
the
bo●●
that
the
Judgment
in
B.
R.
which
was
given
for
the
Lord
was
affirmed
or
Reversed
,
ideo
quaere
.
Callard
and
Callards
Case
.
801.
Ejectione
firmae
,
in
B.
R.
The
Case
was
E.
C.
seised
of
Lands
in
Fee
,
in
consideration
of
Marriage
of
Eustace
his
Son
and
Heir
apparent
,
being
upon
the
Land
spake
these
words
to
Eustace
viz.
Stand
forth
Eustace
,
I
do
here
,
reserving
an
Estate
for
my
own
and
my
Wives
Life
,
give
unto
thee
,
and
to
thine
Heirs
for
ever
these
my
Lands
,
and
Barton
of
S.
And
afterwards
he
enfeoffed
R.
his
younger
Son
in
Fee
with
Warranty
,
and
died
:
Eustace
entred
,
and
demised
to
the
Plaintiff
;
It
was
there
holden
that
the
words
did
amount
to
a
Feoffment
and
Livery
,
being
spoken
upon
the
Land
,
and
the
use
to
be
to
the
Feoffor
and
his
wife
for
their
Lives
,
and
after
to
Eustace
and
his
Heirs
;
upon
that
Judgment
,
Error
was
brought
in
the
Exchequer
Chamber
,
and
there
the
former
Judgment
was
reversed
;
for
that
the
greater
part
of
the
Justices
agreed
,
that
it
was
not
any
Feoffment
executed
,
because
the
intent
was
repugnant
to
Law
to
pass
an
Estate
,
Eustace
reserving
any
particular
estate
to
himself
and
his
wife
;
and
an
use
it
could
not
be
,
for
the
purpose
was
not
to
raise
but
use
,
but
by
an
Estate
executed
which
took
not
effect
,
and
they
all
agreed
if
it
was
an
use
,
it
could
not
rise
upon
natural
affection
without
a
Deed.
The
Judgment
was
reversed
.
Westby
,
Skinner
,
and
Catchers
Case
.
902
A.
was
in
Execution
severally
under
the
Sheriffs
of
London
,
at
the
Suits
of
B.
and
C.
the
old
Sheriffs
delivered
the
body
of
A.
by
Indenture
,
in
which
the
Execution
of
B.
was
only
mentioned
,
and
the
other
was
omitted
;
A.
in
the
time
of
the
new
Sheriffs
escaped
.
It
was
adjudged
in
B.
R.
that
the
old
Sheriffs
should
be
charged
in
an
Action
for
the
Escape
:
They
brought
Error
in
the
Exchequer
Chamber
,
and
the
Judgment
was
affirmed
,
because
it
was
not
found
that
the
new
Sheriffs
were
Sheriffs
at
the
time
of
the
delivery
of
A.
to
them
;
and
because
they
did
not
give
notice
to
the
new
Sheriffs
of
all
the
Executions
which
were
against
A.
Sacksord
and
Phillips
Case
.
903.
Assumpsit
:
A.
was
endebted
to
the
Plaintiff
460
l.
the
Defendant
in
consideration
the
Plaintiff
would
forbear
to
sue
A.
for
the
said
Debt
,
promised
to
the
Plaintiff
to
pay
it
before
Michaelmas
next
:
Upon
non
assumpsit
,
it
was
found
for
the
Plaintiff
:
But
in
the
postea
the
Verdict
was
not
certified
that
the
Plaintiff
sustained
damage
by
reason
of
the
not
performance
of
the
promise
for
460
l.
for
which
the
Plaintiff
had
judgment
;
That
was
assigned
for
Error
,
and
also
because
the
Declaration
did
not
mention
the
forbearance
of
Suit
at
the
Defendants
request
,
the
Court
ordered
the
postea
to
be
amended
,
and
affirmed
the
Judgment
.
Wiseman
and
Jennings
Case
.
904.
The
case
upon
the
matter
in
Law
was
this
:
Tenant
for
Life
,
the
Remainder
in
tail
;
the
Remainder
in
Fee
:
Tenant
for
Life
suffered
a
common
Recovery
,
by
voucher
of
him
in
the
Remainder
in
tail
,
who
vouched
the
common
Vouchee
,
and
if
he
in
the
Remainder
in
Fee
were
bound
by
the
Recovery
,
because
the
Statute
of
14.
Eliz.
is
,
That
Recoveries
suffered
by
Tenants
for
Life
,
shall
be
void
against
him
in
Remainder
or
Reversion
,
and
the
Proviso
doth
not
extend
to
bind
more
of
them
in
the
Remainder
,
then
those
who
assent
of
Record
:
It
was
adjudged
in
B.
R.
that
the
Remainder
in
Fee
was
bound
as
well
as
if
the
Tenant
in
tail
had
bin
the
first
Tenant
to
the
Precipe
,
and
upon
Error
brought
,
the
Judgment
in
the
Exchequer
Chamber
was
affirmed
:
But
because
the
Defendant
in
the
first
Action
had
pleaded
the
Recovery
by
a
Writ
brought
de
tenementis
praedictis
,
which
was
not
the
use
in
common
Recoveries
,
but
especial
to
have
the
Recovery
of
so
many
Messuages
,
so
many
Acres
of
Land
,
Meadow
,
Pasture
,
&c.
in
certain
,
and
because
it
did
not
appear
by
the
Record
before
them
,
that
the
Writ
did
contain
any
certainty
of
the
Messuages
or
Acres
,
&c.
the
Judgment
was
reversed
.
Rotheram
and
Stibbings
Case
.
905.
Action
upon
the
case
against
an
Executor
upon
Assumpsit
of
the
Testator
to
pay
100
l.
in
consideration
of
Marriage
of
his
Daughter
,
the
payment
to
be
made
when
he
should
be
required
upon
non
Assumpsit
:
Judgment
was
had
in
B.
R.
for
the
Plaintiff
:
Error
brought
in
the
Exchequer
Chamber
,
and
the
Judgment
was
reversed
,
because
the
Action
did
not
lie
against
the
Executor
.
Maynard
and
Bassets
Case
.
906.
Trover
and
Conversion
de
3000.
cords
of
Wood
;
the
case
was
,
A.
granted
to
B.
so
much
wood
in
Buxsted
Wood
,
as
would
make
4000.
cords
to
be
taken
by
the
appointment
of
A.
B.
before
any
appointment
assigned
his
Interest
to
M.
the
Plaintiff
;
afterwards
A.
granted
to
the
Defendant
as
much
wood
in
the
said
Wood
,
as
should
make
6000.
cords
,
at
the
choice
of
the
Defendant
;
then
A.
appointed
B.
a
certain
quantity
to
satisfie
the
first
Bargain
,
which
B.
cut
down
,
and
the
Defendant
by
colour
of
his
Grant
,
took
and
carried
away
the
same
;
whereupon
the
Plaintiff
brought
his
Action
,
and
had
Judgment
in
B.
accordingly
:
And
Error
brought
and
assigned
,
because
the
Declaration
is
not
de
bonis
propriis
.
2.
Because
he
sais
he
was
possessed
de
3000.
cordis
ligni
,
and
the
Defendant
cordas
praedicti
ligni
cepit
,
without
saying
any
particular
quantity
:
and
3d.
because
the
Declaration
is
vi
&
armis
;
but
all
the
Exceptions
were
disallowed
by
the
Court
,
and
the
Judgment
was
affirmed
.
Palm●r
and
Sherwoods
Case
.
907.
A
Trespass
for
carrying
away
goods
:
The
Judgment
in
B.
R.
was
that
the
Plaintiff
should
recover
his
Damages
for
part
,
and
the
Defendant
capiatur
,
and
that
the
Plaintiff
sit
in
misericordia
pro
residuo
transgressionis
,
which
is
said
to
be
Error
,
and
that
the
Judgment
ought
to
have
bin
,
Quaerens
nibil
capiat
per
billam
pro
residuo
transgressionis
:
Sed
non
allocatur
,
but
the
Judgment
was
affirmed
.
Chamberlain
and
Nichols
Case
.
908.
In
debt
upon
a
single
Bill
for
payment
of
money
at
a
day
;
the
Defendant
pleaded
payment
without
an
acquittance
:
Issue
upon
it
;
Judgment
for
the
Plaintiff
in
B.
R.
Error
assigned
because
the
Issue
was
joyned
upon
a
matter
not
material
nor
pleadable
,
viz.
payment
without
an
acquittance
;
but
because
it
was
after
Verdict
,
and
the
Error
assigned
in
the
Plea
which
the
Defendant
himself
had
pleaded
:
The
Judgment
was
affirmed
.
Only
and
Font
Le
Roys
Case
.
909.
Debt
being
against
an
Executor
,
he
pleaded
there
was
another
Executor
,
who
administred
and
was
alive
,
and
concluded
Judgment
si
Action
;
whereas
he
ought
to
have
pleaded
to
the
abarement
of
the
Bill
:
The
Plaintiff
replyed
Billa
cassari
non
debet
.
It
was
objected
to
be
Error
,
out
holden
good
notwithstanding
the
Bar
of
the
Defendant
would
have
concluded
the
Plaintiff
.
Smithwick
and
Binghams
Case
.
910.
Error
brought
upon
a
Judgment
in
B.
R.
in
Ejectione
firme
,
because
the
Plaintiff
entituled
himself
to
a
Term
for
years
,
by
an
Administration
taken
of
the
Arch-Bishop
of
Canterbury
,
and
did
not
alledge
that
the
Intestate
had
goods
in
diverse
Diocesses
;
but
the
same
was
disallowed
,
because
it
did
not
appear
to
the
Court
whether
he
had
or
not
;
but
if
it
had
appeared
to
them
,
they
conceived
the
Administration
taken
had
been
void
,
if
the
Inrestate
had
not
goods
in
divers
Diocesses
.
Partridge
and
Turks
Case
.
911.
The
case
was
,
A.
seised
of
two
Messuages
in
the
Parish
of
St.
Brides
London
,
demised
them
to
the
Parson
and
Churchwardens
of
St.
Brides
,
ad
distribuend'
annuatim
5
s.
of
the
profits
to
the
poor
of
the
Parish
in
honorem
&
duplicationem
omnium
illorum
annorum
quibus
Dominus
noster
Jesus
Christus
vixerat
in
terra
,
and
gave
20
s.
to
maintain
a
Priest
,
and
dyed
,
and
the
Parson
and
Churchwardens
were
seised
,
and
the
Jury
found
the
Act
of
1
E.
6.
and
that
the
King
was
seised
,
ut
Lex
postulat
,
and
granted
the
same
to
I.
S.
in
Fee
,
who
devised
it
to
the
Plaintiff
for
Life
,
and
that
the
Parson
and
Churchwardens
reentred
and
were
seised
ut
Lex
postulat
,
and
so
demised
them
to
the
Defendant
.
The
Question
was
whether
Partridge
the
Plaintiff
was
in
by
disseisin
or
not
:
It
was
adjudged
in
B.
R.
he
was
not
in
by
disseisin
:
Error
was
brought
,
and
it
was
adjudged
that
the
gift
of
A.
was
good
,
and
the
giving
of
5
s.
inter
pauperes
,
was
no
Superstitious
use
;
and
where
part
is
given
to
a
good
use
,
and
part
to
a
Superstitious
use
,
the
King
shall
have
but
that
Rent
which
is
given
to
the
Superstitious
use
,
and
the
Land
shall
go
to
the
Devisee
.
2.
It
was
said
the
entry
of
Partridge
was
no
Disseisin
,
because
no
actual
expulsion
of
the
Parson
and
Churchwardens
were
found
:
but
the
Court
held
,
that
because
it
is
found
that
Partridge
when
he
made
the
Lease
was
seised
prout
lex
postulat
,
his
Seisin
shall
be
intended
lawful
and
not
by
disseisin
,
and
it
cannot
be
lawful
because
the
Devise
was
good
to
the
Parson
and
Churchwardens
,
and
therefore
it
was
by
disseisin
,
and
afterwards
the
Judgment
was
reversed
.
Bucknel
and
Heys
Case
.
912.
Error
brought
upon
a
Recovery
in
Battery
in
B.
R.
and
assigned
that
there
was
no
Bail
there
,
and
upon
a
Certiorari
,
the
Chief
Justice
certified
Bail
,
I.
H.
without
addition
,
and
with
a
Blanck
for
the
place
of
his
Habitation
:
The
Judgment
there
was
reversed
,
because
no
bail
for
the
party
who
was
sued
,
and
so
he
was
never
in
the
custody
of
the
Marshal
,
nor
could
be
sued
there
.
Turges
and
Beachers
Case
.
913.
In
Assumpsit
in
B.
R.
the
Declaration
was
,
That
the
Defendant
was
indebted
to
the
Intestate
30
l.
for
the
residue
of
100
Quarters
of
Wheat
,
sold
to
him
by
the
Intestate
.
The
Defendant
promised
the
Plaintiff
being
Administrator
,
to
pay
it
when
he
should
be
required
:
Found
for
the
Plaintiff
there
,
the
Judgment
was
reversed
,
because
in
the
case
Debt
lay
,
and
not
Action
upon
the
case
.
Ody
and
Yates
Case
.
914.
Note
.
It
was
holden
by
all
the
Justices
,
that
a
Writ
of
Error
was
not
maintainable
in
the
Exchequer
Chamber
,
by
the
Statute
of
27.
Eliz.
upon
a
Judgment
in
B.
R.
upon
Rescous
,
because
it
is
not
within
the
words
of
the
Statute
,
although
it
be
a
Trespass
.
Giddy
and
Heales
Case
.
915.
Action
upon
the
case
in
B.
R.
by
Heale
,
for
these
words
he
being
a
Counsellor
at
Law
;
Whereas
one
said
to
Giddy
,
that
Heal
had
affirmed
upon
his
credit
that
the
Fee-simple
of
certain
Lands
was
in
the
Patentees
of
the
Queen
:
The
said
Giddy
said
,
No
friends
,
Heales
Warranty
we
well
know
;
a
great
number
of
his
Country
trusting
to
his
Warranty
have
been
undone
.
It
was
adjudged
in
B.
R.
for
the
Plaintiff
,
and
100
l.
damages
,
and
Error
being
brought
in
Exchequer
Chamber
,
and
assigned
the
Words
were
not
actionable
.
The
Judgment
was
affirmed
.
Marronor
and
Cottons
Case
.
916.
Judgment
was
given
against
Marroner
in
the
B.
R.
for
Cotton
,
for
these
words
spoken
against
Cotton
a
Justice
of
the
Peace
,
viz.
He
hath
received
mony
of
a
Thief
that
was
apprehended
and
brought
before
him
for
stealing
of
Sheep
,
to
let
him
escape
and
keep
him
from
the
Goal
:
Error
brought
in
Exchequer
Chamber
,
and
assigned
the
words
were
not
actionable
,
but
the
Judgment
in
B.
R.
was
affirmed
.
B●shop
and
Gins
Case
.
917.
Debt
upon
an
Obligation
in
B.
R.
for
performance
of
Covenants
;
one
was
,
that
he
delivertd
a
Ship
in
London
,
usque
portum
de
Blackney
,
and
no
time
limited
for
it
,
and
the
breach
was
assigned
in
it
,
that
he
did
not
deliver
the
ship
such
a
day
,
and
Judgment
there
for
the
Plaintiff
:
Error
brought
and
assigned
that
the
Issue
was
ill
joyned
,
because
he
had
time
to
deliver
it
during
his
Life
,
that
the
Court
said
,
was
but
the
misjoyning
of
the
Issue
,
which
was
remedied
by
the
Statute
of
Jeofails
after
Verdict
.
2.
Error
,
that
the
Venire
was
of
Blackney
,
where
it
ought
to
be
de
Portu
Blackney
:
The
Court
held
it
no
Error
,
but
good
,
and
the
Judgment
was
affirmed
.
Falsowe
and
Thornies
Case
.
918.
In
Debt
;
the
Venire
upon
the
Roll
was
retornable
die
Martis
post
15.
Trin.
and
the
Writ
in
facto
was
returned
die
Jovis
post
15.
Trin.
that
was
assigned
for
Error
,
but
non
allocatur
;
because
but
misawarding
of
Process
,
which
is
aided
by
the
Statute
of
Jeofails
,
and
the
Judgment
was
affirmed
.
Cundey
and
Edgecombs
Case
.
919.
In
Debt
,
the
Venire
was
filed
,
Trin.
35.
Eliz.
to
try
an
Issue
between
Richard
Cundey
de
Bodrygan
querent
,
&
Peter
Edgecombe
de
Mount
Edgecomb
in
Com.
Devon
Defendant
;
The
Writ
was
direct
Vic'
Cornubiae
,
Hill
.
39
Eliz.
The
continuance
upon
the
Roll
was
,
Juratores
inter
Richardum
Cundey
de
Bodygran
in
Comitatu
Cornubiae
mercatorum
queren
.
&
Petrum
Edgecombt
de
Mount
Edgecomb
in
Com-Devon
,
in
placito
debiti
ponitur
in
respectu
,
nisi
Justitiarii
ad
Assisas
in
Comitatu
praedict.
capiendas
assignat
.
prius
venerint
,
&c.
upon
the
Margent
was
written
Cornubiae
.
It
was
assigned
for
Error
that
the
last
County
is
Devon
in
the
Addition
of
the
Defendant
,
for
the
habitation
of
the
Defendant
.
The
Justices
held
it
no
Error
,
because
Cornubiae
was
in
the
Margent
,
and
where
there
are
two
Counties
,
before
,
Com.
praedict
.
shall
extend
to
that
which
will
affirm
the
Judgment
,
although
the
other
be
the
Prochine
antecedent
.
Wilcoks
●nd
Hewsons
Case
.
920.
Debt
upon
a
Bill
of
30.
l.
The
Defendant
pleaded
he
delivered
the
Bill
upon
a
Condition
to
the
Plaintiff
,
that
if
he
did
procuer
a
particular
of
certain
Land
,
that
it
should
not
be
his
Deed
;
but
if
he
did
not
procure
the
particular
,
it
should
be
his
Deed
;
The
Plaintiff
took
Issue
it
was
his
Deed
,
and
so
found
by
Verdict
:
Error
brought
and
assigned
,
that
the
Defendants
plea
was
insufficient
,
and
the
Plaintiff
ought
to
have
demurred
upon
it
,
and
the
Issue
which
he
took
was
vain
and
void
,
because
the
especial
matter
had
confessed
the
Deed
,
and
so
the
Issue
is
taken
upon
a
thing
confessed
;
the
Judgment
was
affirmed
because
the
Defendant
cannot
assign
Error
in
his
own
Plea
,
and
although
the
Issue
be
joyned
upon
a
thing
confessed
,
the
same
is
but
surplussage
,
and
it
was
in
the
Election
of
the
Court
,
to
give
Judgment
either
upon
the
Plea
,
or
the
Verdict
.
Joyner
and
Ognells
Case
.
921.
Debt
upon
a
Bill
of
100
l.
by
Humphrey
Joyner
Executor
of
George
Skiner
,
against
the
Defendant
;
the
Defendant
pleaded
per
minas
,
and
after
Issue
joyned
befor
Nisi
prius
,
he
confessed
the
Action
in
Court
,
The
confession
was
entred
non
potest
dedicere
,
quia
ipse
debuit
praedict'
Georgio
Skinner
in
vita
sua
praedict
'
100.
l.
modo
&
forma
poout
;
and
upon
that
the
Judgment
was
Quod
praedict.
Humfred
Joyner
recuperet
versus
praedict'
Georgium
Ognel
debittum
suum
praedict'
,
necnon
quatuor
libras
pro
damnis
suis
quae
sustinuit
,
tam
occasione
detentionis
debiti
praedict'
,
quam
pro
missis
,
&c.
eidem
Humfredo
Skinner
per
curiam
adjudicat
;
upon
this
Judgment
,
Error
was
brought
and
assigned
that
the
confession
of
the
Action
is
not
according
to
the
Declaration
,
for
the
Declaration
is
in
the
debuit
to
the
Testator
,
and
Detinet
of
the
Executor
as
it
ought
to
be
,
but
the
Confession
is
in
the
Debuit
only
.
2.
Error
,
the
Judgment
is
,
Quod
Humfrey
Joyner
recuperet
debitum
,
eidem
Humfredo
Skinner
adjudicant
▪
whereas
it
ought
to
be
,
eidem
Humfredo
Joyner
adjudicat
.
As
to
the
first
Error
,
the
Court
said
,
that
after
the
Defendant
hath
relinquished
the
Bar
,
the
Declaration
remains
without
defence
,
for
which
cause
the
Court
may
well
judge
for
the
Plaintiff
;
and
for
the
second
Error
,
it
was
amended
by
the
Court.
Gomersall
and
Watkinsons
Case
.
922.
Eliz.
Watkinson
the
Defendant
brought
Debt
in
B.
R.
against
the
Plaintiff
,
Executor
of
William
Gomersall
,
and
shewed
that
the
Testator
retained
her
in
his
Service
28
Eliz.
taking
40
s.
for
one
year
for
her
Wages
,
and
so
from
year
to
year
,
and
that
she
had
served
the
Testator
five
years
,
who
died
,
her
wages
not
paid
:
The
Defendant
the
Executor
pleaded
Nihil
debet
,
which
was
found
against
him
,
and
Judgment
for
the
said
Eliz.
the
Plaintiff
:
Error
was
brought
,
and
assigned
the
Action
did
not
lie
against
the
Executor
;
It
was
said
by
the
Justices
it
appeareth
prima
facie
upon
the
Declaration
,
that
the
said
Eliz.
was
compellable
to
serve
by
the
Statute
of
5
Eliz.
and
then
when
he
voluntarily
retains
her
in
service
,
being
compellable
to
serve
,
the
Master
cannot
wage
his
Law
in
Debt
for
the
wages
,
and
therefore
the
Action
is
maintainable
against
his
Executors
.
Stanton
and
Suliards
Case
.
923.
Note
.
It
was
Resolved
in
this
Case
:
Whereas
the
Sheriff
brought
an
Action
upon
the
case
against
the
Defendant
in
the
Kings
Bench
upon
Assumpsit
to
pay
the
Sheriffs
Fee
upon
arresting
the
party
in
Execution
,
which
was
12
d.
for
every
pound
,
where
the
Execution
did
exceed
a
100
l.
and
there
Judgment
was
given
for
the
Plaintiff
;
that
upon
Error
thereupon
brought
in
the
Exchequer
,
the
Judgment
was
reversed
,
because
an
Action
upon
the
case
did
not
lie
in
such
Case
.
Bowes
and
Powletts
Case
.
924.
In
the
Kings
Bench
the
case
was
,
A.
and
B.
were
Indebted
to
the
Queen
by
Recognizance
500
l.
C.
and
D.
were
indebted
in
200
l.
to
F.
by
Obligation
;
F.
was
indebted
to
A.
200
l.
F.
at
the
request
of
A.
assigned
the
Debt
of
200
l.
due
from
C.
and
D.
to
the
Queen
by
Deed
enrolled
in
part
of
satisfaction
of
the
500
l.
due
to
the
Queen
by
A.
B.
A.
afterwards
for
his
discharge
of
the
200
l.
against
the
Queen
,
prosecuted
Suit
in
the
Exchequer
against
C.
for
the
levying
of
the
200
l.
of
the
goods
and
Chattels
of
C.
C.
in
consideration
that
A.
would
forbear
to
prosecute
any
Process
against
the
said
C.
till
Hill
.
Term
following
,
promised
to
pay
A.
200
l.
and
20
l.
to
buy
him
a
Gelding
;
and
in
an
Action
upon
the
case
brought
for
it
in
B.
R.
upon
non
Assumpsit
.
It
was
found
for
the
Plaintiff
there
,
and
Damages
and
Judgment
:
Error
was
brought
in
the
Exchequer
,
and
the
Judgment
upon
the
body
of
the
Declaration
was
reversed
,
because
the
consideration
was
not
lawfull
nor
sufficient
,
for
the
surceasing
of
a
Suit
was
no
discharge
of
the
Debt
,
nor
was
it
lawfull
to
have
recompence
for
the
forbearing
or
surceasing
of
a
Debt
which
was
due
to
the
Queen
.
Hinson
and
Burridges
Case
925.
Action
upon
Assumpsit
in
B.
R.
In
consideration
the
Plaintiff
would
sell
and
deliver
to
I.
S.
the
Defendants
Factor
,
at
the
request
of
the
Defendant
,
200
Hog-labms
,
to
the
use
of
the
Defendant
,
he
promised
he
would
pay
so
much
mony
to
the
Plaintiff
,
as
should
be
agreed
betwixt
the
Plaintiff
and
I.
S.
and
alledged
he
delivered
them
to
I.
S.
and
I.
S.
and
the
Plaintiff
agreed
for
40
l.
price
,
to
be
paid
at
certain
dayes
since
past
,
and
the
Defendant
had
not
paid
the
mony
;
It
was
found
for
the
Plaintiff
,
and
Judgment
,
Errour
brought
and
assigned
.
1.
That
the
Contract
was
the
Contract
of
the
Defendant
himself
,
and
Debt
did
lye
,
not
Assumpsit
:
Resolved
the
sale
was
to
I.
S.
and
the
use
is
but
a
Confidence
which
gave
not
property
to
the
Defendant
,
so
that
Debt
did
not
lye
against
him
,
but
Assumpsit
.
2.
Error
,
no
place
is
alledged
where
the
Plaintiff
and
I.
S.
agreed
of
the
price
and
day
of
payment
,
which
is
traversable
:
The
Court
held
it
good
enough
,
because
the
Defendant
pleaded
Non
Assumpsit
and
a
verdict
was
given
;
But
the
Court
said
,
it
had
been
a
good
cause
of
Demurrer
.
Palmer
and
Humfreys
Case
.
926.
Ejectione
firme
de
una
pecia
terrae
vocat
.
M.
furlong
,
una
pecia
terrae
vocat
.
Ashbrokee
,
uno
Gardino
vocat
.
Minching-Garden
,
quae
omnes
&
singulae
parcellae
terrae
jacent
in
W.
It
was
assigned
for
Error
,
that
Pecia
terrae
is
uncertain
,
and
so
the
Declaration
not
good
.
And
2.
Because
no
place
certain
is
alledged
in
which
the
Garden
is
;
and
for
these
Causes
the
Judgment
was
reversed
.
Matthew
and
Matthewes
Case
.
927.
Assumpsit
in
B.
R.
whereas
the
Testator
was
endebted
to
the
Plaintiff
35
l.
The
Defendant
being
his
Excecutor
,
in
consideration
the
Plaintiff
would
give
him
day
,
promised
to
pay
the
money
:
Found
there
for
the
Plaintiff
,
and
Judgment
upon
Error
brought
,
the
Judgment
Reversed
:
Because
the
consideration
was
not
sufficient
,
because
the
Defendant
was
not
by
Law
bound
to
pay
the
money
after
the
death
of
the
Testator
,
and
giving
day
to
pay
that
which
he
was
not
bound
to
pay
,
was
no
sufficient
Consideration
.
Edmunds
and
Bufkins
Case
.
928.
Debt
in
B.
R.
and
declared
,
the
Dean
and
Chapter
of
W.
demised
the
Rectory
to
A.
for
60.
years
,
which
by
mean
Conveyance
came
to
F.
who
demised
it
to
C.
for
20.
years
rendring
Rent
,
C.
demised
it
by
his
will
to
D.
10.
of
the
last
years
,
and
afterwards
dyed
possessed
:
D.
entred
and
granted
his
Interest
to
Edmunds
.
F.
demised
the
residue
of
the
Terme
to
S.
his
Wife
and
Executrix
:
S.
married
Bufkin
,
they
brought
Debt
and
had
Judgment
;
Error
was
brought
and
assigned
,
that
C.
the
first
Lessee
of
F.
demised
10.
of
the
last
years
to
D.
and
it
was
alledged
,
that
the
demisor
made
not
any
Executor
,
or
that
the
devisee
did
enter
by
the
assent
of
the
Excecutor
,
nor
that
he
was
possessed
by
virtue
of
the
demise
,
but
generall
that
he
entred
after
the
death
of
the
devise
,
and
for
these
Causes
the
Judgment
was
reversed
.
Paramour
and
Pains
Case
.
929.
Action
upon
the
Case
in
B.
R.
and
declared
,
in
Consideration
the
Plaintiff
had
sold
to
the
Defendant
14.
Cowes
for
34
l.
and
4.
Oxon
for
16
l.
the
Defendant
promised
to
pay
cum
requisitus
esset
;
Found
for
the
Plaintiff
,
the
Judgment
was
reversed
,
because
the
Consideration
was
not
sufficient
;
but
Debt
lay
upon
the
Contract
,
and
not
Assumpsit
.
Plaine
and
Bagshawes
Case
.
930.
Debt
in
B.
R.
against
B.
Executor
of
I.
S.
and
demanded
47
l.
8
s.
8
d.
monetae
Flandriae
attingent
'
to
40
l.
12
s.
6
d.
English
money
:
The
Defendant
pleaded
fully
Administred
,
the
Jury
found
Assets
and
Judgment
there
that
recuperet
debitum
suum
praedict'
&
damna
sua
praedict
'
;
Errour
brought
and
assigned
,
for
that
the
Jurours
did
not
inquire
of
the
value
of
Flanders
money
;
and
for
that
cause
the
Judgment
was
reversed
;
for
although
the
Plaintiff
did
affirme
the
Flanders
money
did
attain
to
40
l.
12
s.
6
:
yet
it
is
no
Warrant
to
the
Court
to
adjudge
it
so
,
unlesse
found
by
the
Jury
.
Stafford
and
Powlers
Case
.
931.
Error
was
brought
of
a
Judgment
in
an
action
upon
the
Case
in
B.
R.
for
words
;
the
words
were
viz.
One
W.
Web
being
arrested
as
accessary
for
stealing
his
own
goods
,
Mr.
Stafford
knowing
thereof
discharged
the
said
Web
by
an
agreement
of
3
l.
to
which
Mr.
Stafford
was
party
,
whereof
30
s.
was
to
be
paid
to
Mr.
Stafford
,
and
was
paid
to
his
man
by
his
appointment
:
Error
brought
,
It
was
said
the
words
were
not
actionable
;
but
the
Justices
held
them
actionable
,
and
the
Judgment
was
affirmed
.
Bordolf
and
Perry
and
his
Wives
Case
.
932.
Debt
in
B.
R.
upon
an
Obligation
made
by
the
Wife
dum
sola
fuit
,
the
Defendant
pleaded
Non
est
factum
;
found
for
the
Plaintiff
:
The
Judgment
was
,
that
the
Husband
be
in
misericordia
,
and
the
Wife
Capiatur
;
And
it
Reversed
because
it
ought
be
Capiantur
against
both
.
Penraddock
and
Erringtons
Case
.
933.
Assault
and
Battery
in
B.
R.
against
two
Defendants
,
and
declared
of
Assault
,
Battery
&
tantas
minas
de
vita
sua
imposuer'
,
quod
non
audebat
ire
circa
negotia
.
They
pleaded
Deson
Assault
demesne
;
It
was
assigned
for
Error
,
that
the
Assault
of
one
cannot
be
the
Assault
of
the
other
,
and
they
ought
to
have
pleaded
several
pleas
;
the
Court
held
it
no
Error
,
for
that
the
Assault
might
be
joynt
.
2.
Error
,
because
nothing
is
said
to
the
Minas
,
yet
the
Judgment
was
affirmed
,
because
(
Minas
)
is
but
to
enforce
the
damages
and
not
the
substance
of
the
Declaration
.
Wilcocks
and
Greenes
Case
.
934.
Debt
against
Executors
upon
Obligation
of
200
l.
they
pleaded
a
Recovery
by
a
stranger
of
200
l.
upon
another
Obligation
,
and
averred
it
was
a
just
and
true
Debt
,
ultra
which
they
had
not
in
their
hands
;
the
Plaintiff
said
the
Recovery
was
by
Covin
;
It
was
adjudged
in
B.
R
for
the
Plaintiff
;
Error
brought
,
and
the
Judgment
reversed
,
for
it
could
not
be
by
Covin
,
if
it
was
a
just
Debt
,
and
the
Replication
should
have
been
absque
hoc
,
it
was
a
just
and
true
Debt
.
Morses
and
Rosses
Case
.
935.
Assumpsit
:
In
consideration
the
Plaintiff
would
surcease
his
Suit
which
he
had
in
Chancery
against
the
Defendant
,
the
Defendant
promised
to
save
him
harmlesse
from
all
actions
which
should
be
brought
against
him
for
or
Concerning
a
Lease
which
the
Defendant
had
assigned
to
him
;
and
alledged
,
he
surceased
his
Suit
,
and
that
a
Stranger
had
brought
an
action
against
him
in
B.
R.
by
reason
of
the
said
Lease
,
and
the
Defendant
did
not
save
him
harmlesse
:
Judgment
being
for
the
Plaintiff
in
B.
R.
It
was
reversed
,
because
he
did
not
shew
the
certainty
of
the
Action
brought
against
him
,
nor
that
it
was
for
any
matter
in
esse
at
the
time
of
the
promise
.
Wood
and
Bukleys
Case
.
936.
Action
upon
the
Case
;
whereas
Wood
exhibited
his
Bill
against
Buckley
in
Star
Chamber
,
containing
he
had
nusselled
Pirats
,
Murtherers
and
other
Malefactors
,
he
being
a
Justice
of
Peace
and
Vice-Admiral
.
Wood
afterwards
in
another
place
having
speech
with
divers
concerning
as
well
of
the
ill
carriage
of
the
said
Buckley
,
as
of
the
matter
in
his
Bill
against
Buckley
in
the
Star
Chamber
said
I
will
Justify
every
matter
therein
to
be
true
;
The
Defendant
Justified
the
speaking
of
the
words
,
being
examined
upon
the
truth
of
his
Bill
before
I.
S.
and
I.
D.
by
Command
of
the
Councell
,
and
traversed
that
he
spake
them
at
any
other
place
or
time
,
upon
demur
,
being
adjudged
for
the
Plaintiff
:
upon
Error
brought
the
Judgment
was
reversed
,
because
no
action
lying
for
the
exhibiting
of
the
Bill
,
no
action
lay
for
saying
the
words
of
his
Bill
were
true
.
Sir
Henry
Berkley
and
Earle
of
Pembrooks
Case
.
937.
Action
upon
the
Case
by
the
Earl
of
Pembroke
against
Sir
Henry
Berkley
;
and
shewed
,
he
was
seised
of
the
Mannor
of
S.
to
which
the
Office
of
the
Keeper
of
the
Forrest
of
F.
did
appertain
in
Fee
,
and
to
have
omnia
bona
forfeited
within
the
Forrest
,
&
fugam
facere
bis
per
annum
,
&
quicquid
de
hujusmodi
fugatione
accidere
possit
,
and
to
have
Hony
,
Wax
,
mortuum
boscum
,
&c.
appertaining
to
his
Office
,
and
the
Defendant
disturbed
him
to
exercise
the
said
Office
:
The
Defendant
pleaded
a
Deed
in
Tail
,
in
Bar
made
by
the
Plaintiff
;
In
the
Deed
there
was
a
Proviso
,
viz.
Provided
alwayes
,
and
the
said
Sir
Henry
Berkley
,
doth
Covenant
for
him
and
the
Heirs
males
of
his
body
,
to
and
with
the
said
Earl
and
his
Heirs
,
to
preserve
the
game
as
far
as
commonly
hath
been
used
,
and
that
he
nor
his
Heirs
males
shall
cut
or
sell
any
woods
there
,
except
for
browse
and
necessary
reparations
:
and
the
Plaintiff
said
,
the
Defendant
had
cut
down
four
Oakes
,
and
converted
them
to
his
own
use
,
and
averred
they
were
not
for
browse
nor
reparations
,
and
that
he
entred
for
the
forfeiture
:
It
was
adjudged
upon
a
demur
in
B.
R.
for
the
Plaintiff
.
Error
was
brought
upon
the
Exchequer
Chamber
,
upon
the
matter
in
Law
:
that
the
Proviso
was
not
a
Condition
,
but
a
Covenant
;
but
as
to
that
point
,
it
was
Resolved
by
all
the
Justices
,
that
the
Proviso
was
a
Condition
.
2.
Error
was
that
the
damages
were
assessed
entirely
for
divers
things
,
some
of
them
being
uncertainly
and
insufficiently
alledged
;
for
he
prescribed
to
have
omnia
bona
forisfacta
,
which
could
not
be
without
Charter
,
also
to
have
de
furgatione
quicquid
acciderit
,
which
was
also
uncertain
;
and
also
the
damages
for
them
ought
to
have
been
severally
assessed
and
not
entirely
;
The
Court
held
,
that
for
that
Cause
the
Judgment
was
erroneous
,
and
for
that
Cause
only
the
Judgment
was
reversed
.
Reymer
and
Grimstones
Case
.
938.
Assumpsit
:
In
Consideration
,
he
at
the
Defendants
request
had
promised
to
wash
the
Defendants
linnen
,
and
the
linnen
of
his
Servants
,
and
to
provide
meat
and
drink
for
the
Defendant
and
his
Servants
,
the
Defendant
promised
to
pay
so
much
money
to
the
Plaintiff
when
he
should
require
it
,
so
as
it
should
not
exceed
the
proportion
used
in
O.
for
the
like
time
:
and
further
declared
,
that
in
Consideration
the
Defendant
upon
accompt
between
them
made
,
was
in
arrerage
to
the
Plaintiff
18
l.
the
Defendant
promised
to
pay
him
the
said
18
l.
and
the
Plaintiff
shewed
for
how
long
time
he
had
washed
the
Cloathes
,
&c.
and
that
he
required
8
l.
which
did
not
exceed
the
proportion
in
O.
upon
Non
Assumpsit
,
found
for
the
Plaintiff
;
and
damages
severally
assessed
,
for
the
Costs
entirely
:
Error
was
thereupon
brought
,
it
was
the
opinion
,
that
the
first
Assumpsit
was
good
,
and
the
second
void
;
and
the
Judgment
given
for
the
damages
and
Costs
upon
the
first
Assumpsit
was
good
,
and
the
Judgment
for
them
affirmed
,
but
for
the
damages
assessed
upon
the
second
Assumpsit
,
and
for
the
damages
de
incremento
entirely
give
for
both
,
the
Judgment
was
reversed
.
Goodall
and
Wyatts
Case
.
939.
In
Ejectione
firme
;
The
Case
was
,
A.
made
a
Feoffment
of
Lands
to
B.
in
Fee
upon
Condition
,
if
A.
paid
within
a
year
after
the
death
of
the
Feoffee
,
to
his
Heirs
,
Executors
or
Administrators
100
l.
that
the
Feoffment
should
be
void
;
B.
made
a
Feoffment
over
to
C.
and
dyed
;
and
afterwards
within
the
year
,
it
was
agreed
betwixt
A.
and
the
Administrator
of
the
Feoffee
,
that
the
said
A.
should
pay
to
the
Administrator
the
100
l.
and
that
the
Administrator
should
repay
back
all
to
A.
the
Feoffee
;
but
only
32
l.
which
was
done
accordingly
;
and
then
A.
entred
into
the
Lands
,
pretending
the
Condition
was
performed
,
it
was
adjudged
in
B.
R.
that
his
entry
was
not
Lawfull
,
and
that
this
fraudulent
and
Covenous
payment
was
no
performance
of
the
Condition
,
and
upon
a
Writ
of
Error
brought
in
the
Exchequer
Chamber
,
all
the
Justices
a
greed
,
that
the
Judgment
given
in
B.
R.
should
be
affirmed
.
Vitsey
and
Fermours
Case
.
940.
The
King
granted
Manerium
de
H.
in
Parochia
de
R.
&
omnia
,
terras
,
decimas
&
haereditamenta
sua
in
R
:
&
A.
in
the
tenur
▪
of
I.
S
nec
non
omnia
alia
,
terras
,
tenementa
&
haereditamenta
in
R
praedict'
:
It
was
adjudged
in
B.
R.
that
the
Tythes
in
H.
which
was
a
Town
within
the
Parish
of
R.
did
passe
:
But
upon
Errour
brought
the
Judgment
was
reversed
;
because
R.
praedict
.
shall
be
intended
R.
the
Town
,
and
not
R.
the
Parish
.
Adams
and
Dixons
Case
.
941.
Assumpsit
;
the
Plaintiff
was
Bail
for
I.
S.
in
B.
R.
the
Defendant
in
Consideration
that
he
should
pay
him
the
Condemnation
,
promised
to
deliver
to
him
the
Bond
made
for
the
principal
Debt
,
and
a
letter
of
Attorney
to
sue
the
principal
in
his
name
:
It
was
adjudged
for
the
Plaintiff
in
B.
R.
and
upon
Error
brought
,
the
Judgment
was
reversed
,
because
it
was
an
insufficient
Consideration
.
Dickenson
and
Sheres
Case
.
942.
Upon
the
awarding
of
the
Venire
facias
upon
the
Roll
,
the
day
of
the
return
of
it
was
omitted
;
this
being
assigned
after
verdict
for
Error
,
was
holden
by
the
Court
not
to
be
Error
.
943.
Note
,
it
was
Resolved
by
the
Justices
,
that
an
action
lyeth
for
the
Rector
of
a
Parsonage
against
the
Parishoners
,
for
not
seting
forth
of
their
Tythes
,
although
the
Statute
of
a
Edward
6.
dr●h
not
appoynt
who
shall
have
the
action
.
English
and
Bowers
Case
.
944.
Covenant
upon
an
Indenture
of
demyse
of
the
Rectory
of
S.
in
the
County
of
O.
The
Indenture
was
made
at
London
,
and
the
Venire
Issued
to
the
Sheriff
of
O.
It
was
assigned
to
be
Error
,
but
the
Court
held
it
good
,
because
it
shall
be
of
the
County
where
the
Land
lyeth
.
Heley
and
Rigs
Case
.
945.
A
Bill
was
exhibited
in
the
name
of
Rigs
per
Johannem
Keeling
attorna●
'
suum
,
and
the
Warrant
of
Attorny
was
posuit
lcco
suo
Gulielmum
Keeling
;
the
same
was
assigned
for
Error
,
but
the
Justices
caused
it
to
be
amended
,
and
affirmed
the
Judgement
.
Maylard
and
Kesters
Case
.
946.
Assumpsit
;
In
Consideration
the
Plaintiff
would
sell
and
deliver
to
the
Defendant
pannos
laneos
pro
funer
alibus
of
a
Clark
,
he
promised
to
pay
him
for
them
cum
inde
requisitus
esset
,
and
alledged
he
sold
and
delivered
divers
Cloths
to
him
,
viz.
31.
yards
of
black
Cloth
for
19
l.
and
recited
divers
other
particulars
amounting
to
160
l.
upon
Non
Assumpsit
found
for
the
Plaintiff
,
Error
brought
in
Exchequer
Chamber
,
and
the
Judgment
was
reversed
,
because
Debt
properly
lay
,
and
not
Assumpsit
.
Wolley
and
Mosleys
Case
.
947.
Action
of
Assault
and
Battery
in
B.
R.
upon
a
demur
the
Plaintiff
had
Judgment
to
recover
;
It
was
a
Warded
upon
the
Roll
à
Fierifac
.
to
enquire
of
damages
returnable
die
Martis
post
tres
Trinitatis
:
and
the
Writ
was
in
facto
returned
die
Mercurii
post
tres
Trinitatis
,
which
was
the
very
date
of
the
return
upon
the
Roll
,
and
the
Plaintiff
had
damages
and
Costs
40
l.
Error
was
brought
and
assigned
,
whereas
by
the
Record
of
the
Continuance
the
Plaintiff
appeared
by
I.
P.
his
Attorney
,
that
before
that
time
he
was
dead
.
The
Court
held
that
to
be
no
Error
,
because
the
Record
is
to
be
credited
before
the
allegation
of
the
party
.
2.
Because
there
was
variance
between
the
Roll
and
the
Writ
,
the
Court
held
that
was
amendable
.
3.
That
the
Writ
is
executed
the
same
day
of
the
Return
,
that
was
holden
to
be
no
Error
,
and
so
it
was
said
it
was
adjudged
Mich.
37.
and
38.
Eliz.
in
Gawen
and
Ludlows
Case
.
In
the
Court
of
Wards
.
The
Queen
and
Savages
Case
.
948.
A.
seised
of
Lands
holden
in
Capity
by
Knight
service
,
by
License
27
H.
8.
conveyed
the
same
to
his
Son
and
Heir
apparent
,
and
F.
and
their
Heirs
,
in
consideration
of
Marriage
betwixt
them
;
who
intermarried
,
and
2
E.
6.
by
Fine
regranted
the
Land
to
the
Father
,
who
rendred
it
to
the
Son
and
his
Wife
,
and
to
the
Heirs
of
their
two
bodies
begotten
;
the
Father
dyed
,
the
Son
haveing
Issue
three
Daughters
dyed
,
5
Mar
the
eldest
Daughter
had
Issue
Fran.
Moo●e
,
and
dyed
25
Eliz.
F.
took
second
Husband
W.
Savage
,
and
they
28
Eliz.
Leased
the
Rectory
of
K.
to
I.
S.
for
60.
years
,
and
after
granted
the
Reversion
of
the
Rectory
,
and
Leased
the
Mannor
to
A.
Savage
for
the
life
of
F.
Afterwards
a
Common
Recovery
was
had
,
in
which
S.
and
his
Wife
were
vouched
;
The
Queen
prayed
to
have
the
Wardship
of
Fran.
Moore
,
and
to
have
the
primer
seisin
and
profits
of
the
Land
after
the
death
of
the
Wife
:
W.
Savage
averred
the
Recovery
was
to
the
use
of
himself
,
pretending
thereby
,
that
the
Issues
in
Tail
of
the
Son
of
Agnes
and
F.
were
barred
;
In
this
Case
,
it
was
Resolved
for
the
Queen
for
one
moyety
,
and
that
the
first
Feoffment
by
A.
to
his
Son
,
F.
before
Marriage
was
not
within
the
Statute
of
11
H.
7.
but
when
they
Reconveyed
back
the
Land
,
that
was
a
Conveyance
of
each
of
them
their
parts
,
and
then
the
render
of
the
whole
to
them
in
special
Tail
,
as
to
the
moyety
of
the
Son
,
the
gift
of
the
Father
to
the
Son
,
and
his
Wife
within
the
Statute
of
11
H.
7.
but
as
to
the
gift
of
the
Wife
by
the
Fine
was
not
within
the
Statute
;
but
the
Recovery
as
that
should
bind
the
Issue
.
Fishers
Case
.
949.
It
was
found
by
Office
,
that
A.
seised
in
Fee
of
divers
parcells
of
Lands
holden
by
Knight
service
in
Capite
,
21.
Eliz.
by
License
conveyed
them
to
I.
S.
and
E.
his
Wife
,
Daughter
of
the
said
A.
and
that
afterwards
by
Indenture
he
Covenanted
for
Fatherly
love
and
affection
,
that
after
the
sealing
of
the
said
Indenture
,
he
would
stand
seised
of
the
premises
to
the
use
of
the
said
I.
S.
and
E.
his
Wife
in
Tail
,
Remainder
in
Fee
to
a
stranger
.
It
was
not
found
when
the
said
Indenture
was
sealed
and
delivered
,
nor
that
I.
S.
and
E.
his
Wife
were
seised
in
Tail
;
nor
was
it
found
in
the
Office
Sic
inde
Seisitus
did
Covenant
:
Notwithstanding
these
Exceptions
,
it
was
Resolved
that
the
Office
was
sufficient
,
wherefore
a
Travers
was
to
the
Office
.
Gervoyes
Case
.
950.
A.
seised
of
the
Mannor
of
N.
in
the
County
of
W.
and
of
Lands
called
F.
in
the
County
of
of
S.
in
Consideration
of
Marrage
,
and
for
a
Jointure
for
his
Wife
Covenants
,
that
he
and
his
Heirs
shall
stand
seised
of
the
Mannors
Lands
,
&c.
to
the
use
of
himself
and
his
Wife
for
their
lives
,
after
their
deceases
,
to
the
use
of
the
Heirs
of
the
body
of
A.
The
Lands
in
F.
are
recovered
by
verdict
from
A.
only
during
the
Coverture
between
them
,
A.
dyeth
,
his
Heir
within
age
:
It
was
Resolved
in
this
Case
,
that
the
Wife
should
have
recompence
for
the
Lands
which
were
Enrolled
during
the
Coverture
,
although
she
accepted
of
the
Residue
of
her
Joynture
after
the
death
of
her
H●sband
.
Forsters
Case
.
951.
The
Husband
seised
of
Land
in
the
Right
of
his
Wife
,
which
was
holden
in
Knight
service
,
the
Heir
being
in
Wards
committed
wast
in
the
Lands
:
Resolved
the
Husband
should
be
charged
to
the
value
of
the
Lands
,
and
lose
the
possession
of
the
Lands
,
so
long
as
his
Wife
should
live
.
Georges
and
Stanfields
Case
.
652.
Lands
by
Act
of
Parliament
were
assigned
to
the
Countesse
of
Bindon
during
her
life
,
the
Reversion
to
her
Daughter
,
who
was
in
Ward
to
the
Queen
;
the
Viscountesse
took
Husband
,
and
she
and
her
Husband
committed
wast
in
the
Land
;
For
the
punishing
of
which
a
Bill
was
exhibited
in
the
Court
of
Wards
:
Resolved
,
that
the
Court
of
Wards
could
not
adjudge
treble
damages
for
the
wast
in
this
Case
,
and
therefore
the
Case
was
dismissed
to
Law
.
Bridges
Case
.
953.
A.
bargained
and
sold
Lands
to
B.
and
C.
by
Deed
enrolled
,
they
suffered
a
Recovery
to
the
use
of
A.
and
his
Wife
,
(
who
was
the
Daughter
of
B.
)
for
her
Joynture
,
the
Remainder
over
in
Tail
to
their
Issues
,
A.
dyed
,
his
Heirs
within
age
:
Resolved
in
this
Case
,
it
was
an
Assurance
by
A.
himself
for
the
advancement
of
his
Wife
and
her
Issues
,
within
the
Statute
of
34
H.
8.
and
the
Heir
of
A.
should
be
in
Ward
for
the
third
part
of
the
Land
.
The
Earl
of
Bedfords
Case
.
954.
The
Case
was
this
;
Francis
Earl
of
Bedford
made
a
Feoffment
in
Fee
of
the
Mannor
of
D.
to
the
L.
St.
John
and
others
,
to
the
use
of
himself
for
40.
years
,
and
after
to
the
use
of
John
his
second
Son
,
and
the
Heirs
males
of
his
body
,
and
for
want
of
such
Issue
to
the
use
of
the
right
Heirs
of
the
Feoffor
.
Afterward
Edward
Lord
Russell
Heir
apparent
of
the
Earl
,
dyed
without
Issue
male
of
his
body
,
having
issue
Eliz.
and
Anne
Daughters
.
Afterward
Francis
by
Indenture
between
him
and
I.
S.
and
others
for
the
advancement
of
the
Heirs
males
of
the
body
of
the
said
Earl
,
and
the
establishing
of
his
Mannors
in
his
blood
;
Covenanted
to
stand
seised
of
the
said
Mannor
,
to
the
use
of
himself
for
life
,
and
after
his
decease
to
the
use
of
Francis
Lord
Russell
his
youngest
Son
,
and
the
Heirs
males
of
his
his
body
,
with
divers
Remainders
over
.
Afterwards
Francis
Lord
Russell
dyed
,
having
Issue
Edward
Lord
Russell
,
and
after
dyed
,
and
if
the
Daughters
of
the
said
John
Lord
Russell
,
or
the
Earl
of
Bedford
should
have
the
Mannor
of
D.
was
the
Question
in
the
Court
of
Wards
:
It
was
Resolved
,
the
Daughters
should
not
have
the
said
Mannor
,
but
the
Earl
,
because
there
was
no
right
Heir
to
take
as
purchasor
,
when
the
estate
Tail
was
determined
by
the
death
of
John
Lord
Russell
without
Issue
male
;
for
the
Remainder
to
the
right
Heirs
cannot
be
preserved
by
the
mean
estate
for
years
;
for
it
ought
to
be
a
Freehold
at
least
which
ought
to
preserve
such
a
Remainder
,
till
there
be
one
to
take
it
by
the
name
of
a
purchasor
as
right
Heir
.
Andrews
and
Sheffields
Case
.
955.
A.
hath
Issue
three
Sons
B.
C.
and
D.
and
seised
of
Lands
in
P.
by
Will
deviseth
them
in
this
manner
,
viz.
I
will
that
all
my
Lands
in
P.
shall
Remain
after
the
death
of
my
Wife
,
to
C.
my
Son
and
his
Heirs
,
and
if
it
fortune
that
D.
liveth
untill
the
said
Lands
come
to
C.
then
I
will
that
C
▪
pay
to
D.
10
l.
every
year
as
long
as
D.
liveth
:
A.
dyeth
,
C.
commeth
to
the
Lands
and
payeth
the
Rent
,
hath
Issue
and
dieth
.
It
was
Resolved
,
that
in
this
Case
the
devise
did
enure
as
a
Rent-seck
for
the
life
of
D.
and
the
Lands
in
the
hands
of
the
Heir
or
Assignes
of
C.
should
be
chargeable
with
the
same
.
Wrotesleys
Case
.
956.
A.
seised
in
Fee
of
the
Mannors
of
N.
and
W.
of
the
Mannor
of
D.
in
Tail
,
Covenanted
to
stand
seised
to
the
use
of
himself
and
his
Wife
and
to
his
own
right
Heirs
.
Afterward
he
dyed
seised
of
these
Mannors
,
and
also
sole
seised
of
other
Lands
in
Fee
:
The
Mannor
of
D.
was
holden
in
Capite
;
It
was
found
,
that
A.
dyed
,
his
Heirs
within
age
;
the
body
and
Lands
of
the
Mannor
of
D.
was
committed
to
I.
S.
and
I.
D.
the
committee
ousted
the
Wife
of
D.
It
was
Resolved
,
that
the
Wife
of
A.
should
have
recompence
to
the
value
of
the
said
Mannor
of
D.
out
of
the
other
Lands
of
the
Heir
of
which
his
Ancestors
dyed
seised
.
Boydell
and
Walthalls
Case
.
957.
The
Case
was
,
A.
seised
of
Land
in
Fee
:
an
Indenture
was
made
purporting
a
Feoffment
to
B.
and
C.
with
Waranty
;
There
was
another
Indenture
bearing
date
the
same
day
with
the
first
,
between
the
Feoffees
and
the
Feoffor
,
whereby
the
Feoffer
reciting
the
former
Feoffment
to
them
granted
,
that
immed●atly
after
the
said
Feoffees
and
their
Heirs
and
Assignes
have
taken
and
received
the
profits
of
the
Lands
,
during
the
Terme
of
100
▪
years
;
then
it
should
be
Lawfull
for
A.
his
Heirs
and
Assignes
to
reenter
,
and
have
the
said
Lands
in
their
first
right
and
Title
:
It
was
Resolved
by
the
Justices
in
this
Case
,
that
the
Intent
upon
the
Livery
was
,
that
the
Feoffor
should
have
the
Lands
after
the
100.
years
quit
possession
of
the
Feoffees
,
and
that
the
use
did
immediately
arise
to
the
Heirs
of
the
Feoffor
,
as
soon
as
the
Lands
had
been
enjoyed
for
100.
years
,
and
that
by
the
Statute
of
27
H.
8.
the
Heir
of
the
Feoffor
might
enter
.
The
Earl
of
Rutlands
Case
.
958.
Ed.
Earl
of
R.
seised
in
Fee
of
and
in
the
Reversion
or
Remainder
of
the
Mannor
of
E.
expectant
upon
the
death
of
B.
Countesse
of
B.
who
held
the
same
for
life
:
for
the
augmentation
of
the
Joynture
of
I.
his
Wife
,
Covenanted
21
Eliz.
with
I.
S.
and
I.
D.
before
the
last
day
of
Trinity
Term
next
following
,
by
Fine
or
other
assurance
to
assure
the
Reversion
or
Remainder
of
the
said
Mannors
to
them
and
their
Heirs
;
and
the
parties
thereof
seised
should
stand
seised
of
and
in
the
Reversion
and
Remainder
of
the
said
Mannor
,
to
the
use
of
the
said
Earl
and
the
said
I.
his
Wife
,
and
the
Heirs
of
the
said
Earl
for
ever
:
Afterwards
in
the
same
year
,
by
another
Indenture
made
between
the
said
Earl
,
the
Lord
Treasurer
,
and
the
said
I.
S.
and
others
of
the
other
part
,
for
the
advancement
of
him
who
should
succeed
him
in
the
Earldom
,
and
the
advancement
of
the
Heirs
male
of
T.
late
Earl
of
R.
his
Grandfather
;
to
convey
the
Castle
and
Honor
of
B.
and
the
said
Mannor
of
E.
(
amongst
other
Lands
)
to
the
said
Lord
Treasurer
and
others
to
the
use
of
the
said
Earl
and
the
Heirs
males
of
his
body
;
and
for
want
of
such
Issue
to
the
Heirs
males
of
Tho.
his
Grandfather
,
with
divers
Remainders
over
,
and
by
the
last
Indenture
further
Covenanted
,
that
if
the
said
Earl
before
the
Feast
of
our
Lady
next
,
should
not
sufficiently
convey
all
the
said
Honors
,
Mannors
,
&c.
in
the
last
Indenture
,
in
manner
and
forme
as
therein
is
mentioned
;
that
then
he
and
all
other
persons
seised
,
should
from
thenceforth
stand
and
be
seised
to
the
uses
in
the
last
Indenture
:
No
Fine
was
levyed
of
the
Mannor
of
E.
before
the
end
of
Trinity
Term
▪
but
in
Mick
▪
Term
,
a
Fine
was
levyed
of
the
said
Mannor
within
the
time
limited
in
the
last
Indenture
,
and
another
Fine
was
levyed
of
other
Land
,
but
not
of
the
Mannor
of
E.
and
after
the
Earl
died
:
The
Quest
on
in
this
case
only
was
,
whether
I.
the
wife
of
the
said
Earl
might
during
the
Life
of
B.
Countess
of
B
trayerse
the
Office
found
after
the
death
of
the
Earl
;
viz.
That
the
Fine
levyed
of
the
Mannor
of
E.
was
not
to
the
uses
limited
in
the
latter
Indenture
;
Resolved
that
the
Office
was
insufficient
for
the
Incertainty
,
where
it
found
the
Earl
was
seised
of
the
Reversion
or
the
Remainder
,
and
therefore
no
traverse
could
be
to
it
;
but
they
conceived
if
it
was
a
Reversion
,
a
Traverse
did
presently
lie
;
if
a
Remainder
,
that
it
did
not
lie
till
after
the
death
of
the
Tenant
for
Life
,
which
was
B.
Countess
of
B.
Worleys
Case
.
959
A
seised
in
Fee
of
the
Mannor
of
D
holden
in
capite
with
500
l.
to
be
sold
,
having
a
long
intent
to
sell
the
same
,
that
he
might
more
freely
dispose
of
his
other
Lands
,
and
satisfie
a
just
debt
of
60
l.
which
he
owed
to
I.
S.
by
Deed
indented
and
enrolled
,
in
consideration
of
the
said
Debt
,
and
other
considerations
,
viz
Vpon
trust
and
confidence
that
he
should
pay
to
W.
his
Executors
or
Assigns
within
one
year
,
so
much
mony
above
the
said
60
l.
He
bargained
and
sold
the
said
Mannor
of
D
to
I.
S.
and
his
Heirs
;
W.
within
one
year
died
,
no
mony
paid
,
his
Heir
within
age
.
It
was
Resolved
his
Heir
should
not
be
●n
Ward
,
because
neither
the
Land
nor
Surplusage
of
the
same
,
ought
to
come
to
his
Heir
by
the
Trust
,
nor
be
paid
to
the
children
or
wife
o●
W.
Drow●s
Case
.
960.
A.
seised
of
divers
Messuages
in
the
Parish
of
S.
in
London
,
made
a
Lease
thereof
for
31.
years
to
B.
and
M.
his
Wife
,
paying
yearly
during
the
Term
60.
l.
at
four
Feasts
,
viz.
The
Nativity
,
&c.
or
within
28
days
after
each
of
the
said
Feasts
;
afterwards
he
covenanted
to
stand
seised
to
the
use
of
himself
for
Life
,
and
after
to
the
use
of
his
eldest
Son
and
his
Wife
,
and
the
Heirs
of
their
two
Bed●es
▪
and
then
for
mony
he
bargained
and
sold
the
Land
by
Deed
enrolled
to
I.
S.
to
hold
to
him
and
his
Heirs
during
the
Life
of
the
Lessor
.
I.
S.
dyed
seised
of
that
Land
,
and
of
other
Lands
holden
in
capite
,
his
Heir
within
age
.
It
was
found
by
Office
that
A.
died
after
the
Feast
of
the
Nativity
,
and
within
the
28
days
next
following
:
Resolved
the
Rent
was
due
to
him
in
the
Remainder
,
and
that
the
Wardship
of
the
Land
being
but
a
Freehold
discendable
did
not
belong
to
the
Queen
.
Digbies
Case
.
961.
A
Tenant
in
Tail
in
the
Mannor
of
C
▪
in
the
County
of
W.
the
reversion
in
the
Crown
;
and
in
Fee
of
Lands
in
the
County
of
D.
and
in
C.
aforesaid
,
and
of
Lands
in
the
County
of
B.
by
his
Will
devised
,
that
his
Lands
in
D.
which
he
appointed
to
be
a
third
part
of
the
whole
,
should
discend
to
his
Heir
;
the
Manner
of
C.
and
all
his
Lands
in
B.
he
devised
to
his
Wife
,
in
recompence
of
her
Dower
,
for
Life
,
so
long
as
she
should
be
So●e
,
and
then
to
his
Son
and
Heir
;
and
he
charged
his
Lands
in
B.
with
Annuities
to
his
younger
Sons
▪
and
portions
to
his
Daughters
:
Afterwards
by
a
Codicill
annexed
to
his
Will
,
he
devised
to
I.
S.
and
I.
D.
and
their
Heirs
,
all
and
singular
his
Lands
in
C.
whereof
himself
was
then
seised
,
to
him
and
his
Heir●
in
Fee
▪
simple
,
to
the
use
of
his
Son
and
Heir
,
so
long
as
he
and
all
claiming
under
him
,
should
suffer
his
wife
and
children
to
enjoy
the
Lands
and
Annuities
devised
to
them
,
and
he
should
interrupt
or
deny
it
,
then
he
devised
all
his
Fee-simple
Land
to
his
Wife
and
his
younger
Sons
:
A.
died
,
his
Son
and
Heir
within
age
:
It
was
in
this
case
Resolved
,
that
the
Q●een
by
reason
of
the
Wardship
of
the
Heir
should
not
have
more
of
the
Fee-simple
Lands
in
D
then
so
much
as
would
make
the
entailed
Land
to
be
the
third
part
of
the
whole
.
Cresw●lls
Case
.
962.
Certain
Lands
called
S.
were
holden
of
the
Mannor
of
P.
by
rent
and
Suit
of
Court
;
P.
was
holden
of
the
Mannor
of
G
▪
by
Rent
,
and
Suit
of
Court
;
the
Mannor
of
G.
came
to
the
Crown
by
the
Statute
of
Dis●olutions
:
The
King
H.
8.
granted
the
Mannor
of
G.
to
I.
S.
and
his
H●irs
,
to
hold
by
Knight
Service
in
capite
:
I.
D.
purchased
the
Mannor
of
G
▪
and
afterwards
he
purchased
the
moiety
of
the
Mannor
of
P.
and
the
Lands
called
S.
I.
D.
died
,
the
Lands
purchased
by
him
discended
to
his
Son
,
who
purchased
the
other
moiety
of
P.
and
afterwards
enfeoffed
C.
of
the
Lands
in
S.
It
was
Resolved
in
this
case
,
that
I.
D.
held
the
Lands
called
S.
by
Knight
Service
in
cap●te
,
by
a
whole
Knights
Fee
.
L●m●o●s
Case
.
963.
It
was
Resolved
in
this
case
in
the
Court
of
Wards
,
that
if
the
J●ry
do
not
find
an
Office
according
to
the
direction
of
the
Court
,
they
shall
be
committed
to
the
Fle●t
;
vide
diverse
Presidents
there
accordingly
.
Sir
William
Kno●ts
Case
.
964.
The
case
was
,
A.
died
seised
of
Lands
purchased
by
him
,
and
discendable
to
the
Heis
Males
of
his
Body
,
holden
by
Knight
Service
in
capite
,
of
the
value
of
140
l.
per
annum
,
and
also
of
capite
Land
discendable
to
his
Heirs
general
,
of
the
value
of
13
l.
per
annum
,
and
an
executed
Estate
for
the
advancement
▪
of
his
Sons
of
Soccage
Land
in
capite
to
the
value
o●
48
l.
B.
was
his
Son
and
Heir
Male
,
and
the
two
Daughters
of
his
eldest
Son
deceased
,
were
his
Heirs
general
.
It
was
Resolved
that
no
Livery
nor
Primer
Seisin
should
be
of
the
Lands
executed
for
advancement
,
because
the
Queen
was
satisfied
by
the
discent
to
the
Heirs
Males
of
the
Livery
and
Primer
Seisin
,
of
more
then
of
a
third
part
of
the
Lands
.
Strangways
and
Sir
Henry
Newtons
Case
.
965.
The
case
is
very
long
put
,
but
in
effect
was
this
:
The
Father
limited
divers
Mannors
and
Lands
by
Indenture
to
the
use
of
himself
and
his
Heirs
,
untill
the
marriage
of
his
Son
with
the
Daughter
of
I.
S.
and
after
marriage
,
to
the
use
of
the
Father
for
Life
only
,
and
after
to
his
Sons
Wife
for
Life
,
for
her
Joynture
:
The
Father
died
before
Marriage
,
and
afterwards
the
Marriage
took
effect
:
The
Question
was
if
the
use
should
rise
to
the
first
Wife
.
Note
,
That
the
Father
before
his
death
made
his
Will
,
and
thereby
devised
portions
to
his
Daughters
,
to
be
raised
out
of
the
said
Land
by
his
Executors
,
and
then
died
,
his
Heir
within
age
;
The
two
chief
Justices
doubted
much
this
case
,
but
they
enclined
to
be
of
opinion
,
that
if
there
was
a
devise
of
the
Land
,
that
the
same
had
interrupted
the
raising
of
the
Future
use
for
the
Joynture
,
&c
▪
but
they
doubted
of
the
Devise
,
because
he
devised
portions
out
of
the
Lands
,
but
did
not
devise
the
Lands
themselves
.
Framptons
Case
.
966.
A
seised
in
Fee
of
the
Mannors
of
M.
and
B.
and
of
the
moiety
of
the
Mannor
of
V.
covenanted
to
levy
a
Fine
to
I.
S.
and
others
of
the
said
Mannors
,
viz.
of
all
the
said
Mannors
to
the
use
of
himself
for
Life
;
and
afterwards
of
the
Mannor
of
M.
to
the
use
of
I.
his
wife
for
her
Life
,
and
after
to
such
Heirs
of
the
Body
of
A.
as
be
should
afterwards
beget
of
the
Body
of
her
,
or
of
any
other
woman
which
he
should
after
marry
,
and
after
to
the
use
of
C.
in
tail
,
and
after
to
D.
in
tail
,
and
after
to
the
right
Heirs
of
A.
and
of
the
Mannor
of
B.
immediately
after
he
the
said
A.
should
die
without
Issue
of
his
Body
,
to
the
use
of
E.
daughter
of
I.
for
her
Life
,
and
afterwards
to
D
▪
in
tail
,
and
afterwards
to
C.
in
tail
,
and
to
the
right
Heirs
of
A.
And
of
the
moiety
of
the
Mannor
of
W.
and
other
the
Premises
of
which
no
use
was
before
declared
to
the
use
of
the
said
A.
and
such
Heirs
of
his
Body
,
and
after
to
the
use
of
the
said
E
▪
for
Life
,
the
remainder
to
D.
in
tail
,
the
remainder
to
C.
in
tail
,
the
Remainder
to
his
right
Heirs
:
Provided
,
That
if
at
any
time
after
he
should
be
minded
to
revoke
the
said
Indenture
,
or
any
use
or
estates
therein
contained
,
or
to
raise
and
create
any
other
use
or
Estate
,
and
should
declare
the
same
to
any
person
,
&c.
in
the
presence
of
two
Witnesses
,
then
the
Remainders
and
all
other
Estates
in
the
said
Indenture
to
be
void
,
and
the
Conusees
of
the
Fine
to
stand
seised
to
the
use
of
the
said
A.
and
his
Heirs
:
Afterwards
A.
reciting
the
former
Indenture
and
the
Proviso
,
in
consideration
of
a
Mar●iage
between
I.
D.
and
the
said
E.
did
declare
to
I.
N.
in
the
presence
of
two
Witnesses
,
that
he
did
revoke
and
make
void
the
former
Deed
,
and
every
Article
therein
concerning
the
Mannor
of
B.
but
as
touching
the
Mannor
of
M
▪
that
the
same
should
stand
in
force
,
and
by
the
last
Indenture
did
covenant
with
I.
D.
and
E.
his
Wife
,
that
the
Conusees
of
the
Fine
&c.
should
stand
seised
of
the
Mannor
of
B.
and
the
moiety
of
the
Mannor
of
V.
to
the
use
of
the
said
I.
D.
and
E.
his
Wife
for
their
Lives
,
and
after
to
the
Issue
of
the
Body
of
the
said
I.
D.
and
E.
as
should
be
then
eldest
living
at
the
death
of
the
Survivors
of
them
,
for
the
Life
of
such
Issue
,
and
after
to
the
use
of
the
said
A.
and
of
such
the
Heirs
of
his
Body
,
as
he
should
after
beget
on
the
body
of
I.
his
Wife
,
or
on
the
Body
of
any
other
woman
which
he
should
marry
,
and
after
to
●
.
in
tail
,
and
after
to
C.
in
tail
,
the
Remainder
to
the
right
Heirs
of
A.
It
was
found
that
E.
was
the
Daughter
of
I.
but
born
before
her
marriage
with
A.
A
and
I.
his
Wife
died
,
and
found
he
married
no
other
woman
,
and
that
F.
was
Son
and
Heir
of
A.
and
was
of
full
age
.
The
Questions
in
this
long
case
were
these
,
1.
Whether
all
the
use
and
agreements
in
the
first
Indenture
;
as
to
the
Mannors
of
B.
and
V.
were
revoked
by
the
second
Indenture
.
2.
Whether
the
new
uses
limited
by
the
second
Indenture
,
and
such
Revocation
of
the
former
uses
,
were
effectual
to
convey
any
Estate
to
I.
D.
and
E
▪
his
Wi●e
,
with
the
Remainder
over
,
to
take
away
the
immediate
discent
from
the
Heir
at
Law
:
The
case
was
argued
in
B.
R.
and
the
Justices
were
divided
in
their
opinions
;
and
afterwards
it
was
adjourned
into
the
Exchequer
Chamber
,
but
whether
there
Resolved
or
not
,
Quaere
.
Sir
Arthur
Go●ges
Case
.
967.
The
case
was
,
the
Lord
Viscount
Brindon
was
seised
of
Lands
holden
of
the
Queen
in
capite
;
he
had
Issue
Douglasse
his
Daughter
and
Heir
,
who
was
married
to
Sir
Arthur
Gorge
,
and
she
by
him
had
Issue
Ambrosia
Gorge
;
Sir
Arthur
married
his
Daughter
Ambrosia
,
when
she
was
above
the
age
of
eight
years
,
and
before
she
was
of
the
age
of
nine
years
,
to
Francis
Gorge
,
Son
and
Heir
of
Sir
Thomas
Gorge
,
who
died
before
Ambrosia
accomplished
her
age
of
eleven
years
:
The
Question
upon
the
whole
matter
was
,
if
the
Wardship
of
the
body
of
Amb●osia
did
belong
to
the
Queen
or
not
:
It
was
Resolved
in
this
case
amongst
other
points
,
that
the
Queen
should
have
the
Wardship
,
in
regard
the
Marriage
was
not
a
compleat
Marriage
,
because
the
Husband
died
before
the
years
of
consent
of
Ambrosia
.
Bartons
Case
.
968.
A
seised
of
the
Mann●rs
of
O.
and
R.
and
of
Lands
called
F.
in
the
counry
of
Lanc.
holden
in
capite
,
16
Octob.
19
Eliz
made
a
Writing
purporting
that
he
did
give
the
said
Mannors
and
Lands
to
B.
C.
D.
and
E.
and
their
Heirs
to
the
several
uses
,
and
under
the
agreements
contained
in
a
Schedule
to
the
said
Deed
annexed
;
and
by
the
Schedule
he
declared
the
uses
to
be
to
himself
for
Life
,
without
Impeachment
of
wast
;
and
afterwards
of
part
of
the
Lands
to
M.
his
Wife
for
her
life
,
and
then
to
the
●ight
Heirs
of
A.
with
a
Proviso
,
that
if
at
any
time
after
his
Life
,
during
the
Life
of
the
said
M.
the
Heirs
of
●he
said
A.
or
any
claiming
under
his
Heirs
,
trouble
or
disturb
the
said
M.
that
then
the
said
B.
and
other
the
parties
should
stand
seised
of
the
Lands
in
which
she
should
be
disturbed
to
the
use
of
the
said
M.
and
her
Heirs
for
ever
.
Afterwards
the
said
A.
made
a
Lease
of
the
said
Mannors
and
Lands
to
I.
S.
for
100
years
,
to
begin
after
the
death
of
M.
A.
died
▪
M
entred
.
The
Heir
of
A
after
his
death
entred
and
disturbed
M.
contrary
to
the
P●oviso
:
it
was
Resolved
by
the
Justices
in
this
case
,
that
the
future
use
was
checked
by
the
Lease
,
although
it
was
but
interesse
termini
,
and
that
the
use
to
M.
and
her
Heirs
could
not
rise
upon
her
dusturbance
,
but
that
it
was
destroyed
for
ever
.
Vernons
Case
.
969.
Margaret
Winter
Widow
,
the
late
wife
of
Henry
Vernon
seised
of
Lands
in
Fee
,
holden
in
capite
,
enfeoffed
thereof
I.
S.
and
others
to
the
use
of
herself
for
Life
,
and
after
to
B.
her
younger
Son
and
the
Heirs
of
his
body
,
with
divers
Remainders
over
,
with
a
Proviso
if
she
should
be
minded
to
alter
the
uses
,
and
sign●fie
the
same
under
her
hand
and
Seal
to
her
Feoff●es
,
and
tender
to
them
10
l.
that
then
all
the
uses
in
the
Indenture
should
be
vo●d
,
and
h●r
Fe●ffees
should
stand
se●sed
to
s●ch
new
uses
as
should
be
limited
by
the
said
M.
M.
according
●o
the
Proviso
signified
her
intent
,
and
tendred
10
l.
to
her
Feoffees
,
and
then
declared
that
her
said
Feoffees
should
stand
seised
thereof
to
the
use
of
G.
W.
for
Life
,
the
Remainder
to
the
said
M.
for
Life
,
the
Remainder
to
H.
Vernon
her
Son
,
and
the
Heirs
of
his
Body
:
Henry
Vernon
died
,
having
Issue
a
Daughter
within
age
,
and
after
M.
W.
died
.
It
was
holden
clearly
in
the
Court
of
Wards
,
that
because
there
is
no
mention
of
any
entry
by
the
eldest
Son
and
Heir
,
that
the
Estate
which
Henry
Vernon
had
in
Tail
,
was
not
avoided
,
and
so
by
consequence
the
Daughter
of
Heary
Vernon
should
be
in
Ward
.
Sir
Robert
Remington
and
Savages
Case
.
970.
A
levyed
a
Fine
of
Lands
to
the
use
of
himself
for
Life
,
the
Remainder
to
his
Executors
for
20.
years
,
the
Remainder
to
his
Son
in
tail
,
with
diverse
Remainders
over
;
Afterwards
he
levyed
another
Fine
to
all
the
said
uses
,
but
only
the
Estate
for
20.
years
to
his
Executors
,
and
made
his
wife
his
Executrix
;
the
wife
married
Sir
Robert
Remington
.
It
was
adjudged
in
this
case
,
that
by
the
second
Fine
,
the
Lease
for
20
▪
years
to
his
Executors
was
extinct
.
Littletons
Case
.
971.
A
seised
of
Lands
holden
in
copite
,
in
consideration
of
a
Marriage
of
M.
his
Daughter
,
with
W.
L.
Son
of
Sir
John
,
and
of
1300
l
paid
by
Sir
John
the
Father
of
W.
levyed
a
Fine
of
part
of
the
Lands
to
the
use
of
himself
for
Life
,
the
Remainder
to
W.
and
M.
and
the
Heirs
of
the
Body
of
W.
upon
the
Body
of
M.
the
Remainder
to
the
right
Heirs
of
W.
and
the
residue
to
the
use
of
himself
for
Life
,
the
Remainder
to
his
first
Son
in
Tail
,
the
Remainder
to
the
right
Heirs
of
W.
with
power
to
make
a
Joynture
●o
his
second
Wife
,
and
to
make
Leases
for
Twenty
one
years
,
or
three
Lives
:
The
marriage
took
effect
:
A.
took
a
wife
and
had
Issue
by
her
I.
and
died
,
I.
his
Son
and
Heir
within
age
;
W.
died
without
Issue
,
G.
L.
being
his
Brother
and
Heir
,
the
second
wife
of
A.
living
,
and
also
M
▪
living
.
It
was
upon
●
Melius
Inquirend
.
found
that
M.
was
the
Daughter
of
A.
It
was
Resolved
in
this
case
,
that
the
Queen
should
have
the
Wardship
of
the
third
part
of
the
whole
Land
,
during
the
minority
of
I.
the
Son
of
A.
Also
it
was
Resolved
by
them
,
that
although
money
was
paid
,
and
so
the
consideration
of
the
Marriage
,
was
a
mixt
consideration
;
yet
●hat
should
not
alter
the
Law
for
the
duty
to
the
Crown
.
1.
and
one
Ciffias
case
was
cited
to
have
been
so
adjudged
.
The
Lord
Ross
and
the
Earl
of
Rutlands
Case
.
972.
H.
Earl
of
Rutland
2
El●z
.
levyed
a
Fine
with
Proclamation
to
the
use
of
himself
,
and
B.
his
Wife
,
and
the
Heirs
of
his
own
Body
,
and
died
:
B.
married
the
Earl
of
Bedford
;
they
covenanted
with
Edward
Earl
of
Rutland
,
Son
of
H.
Earl
of
Rutland
to
levy
a
Fine
,
which
Fine
was
levyed
with
Proclamation
sur
conc●ssit
of
the
said
Mannors
and
Lands
,
by
the
said
Edward
Earl
,
to
the
said
B.
for
Life
:
Afterward
Edward
Earl
of
Rutland
29
Eliz.
covenanted
with
the
Lord
Bur●eigh
and
others
to
stand
seised
of
the
said
Mannors
to
the
use
of
himself
,
and
the
Heirs
Males
of
his
Body
;
the
Remainder
to
the
Heirs
Males
of
the
Body
of
Thomas
Earl
of
Rutland
his
Grandfather
;
Edward
Earl
29
Eliz.
died
without
Issue
Male
,
having
a
Daughter
,
which
was
the
Lady
Ro●s
,
the
Mother
of
the
Lord
Ross
the
plaintiff
;
B.
died
;
the
entail
made
by
the
Earl
of
Rutland
,
and
the
discent
to
the
Lord
Ross
,
the
Plaintiff
was
found
by
Office
:
It
was
Resolved
by
the
Justices
in
this
case
,
That
the
Mannors
did
belong
to
the
Plaintiff
the
Lord
Ross
,
as
Issue
in
tail
of
Henry
Earl
of
Rutland
,
notwithstanding
the
Fine
levyed
by
Edward
Earl
of
Rutland
,
because
the
Fine
being
sur
concessit
,
the
same
remained
a
Bar
no
longer
then
during
the
Life
of
B.
Also
they
held
the
taking
of
the
Fine
by
B.
to
be
a
surrender
of
her
Estate
,
but
to
be
no
discontinuance
,
because
not
seised
of
the
Tail
at
the
time
.
3.
Resolved
,
the
Lands
should
be
in
the
King
,
during
the
Minority
of
the
Lord
Ross
.
Anno
1.
Jacobi
.
973.
It
was
Resolved
by
the
Justices
,
that
Informations
for
the
Queen
alone
,
in
any
Latin
Court
,
should
not
abate
by
the
Demise
of
the
Queen
;
and
so
like
of
Informations
tam
pro
the
party
,
quam
for
the
Queen
;
and
so
also
it
was
of
Informations
in
English
Courts
,
they
were
not
discontinued
by
the
Demise
of
the
Queen
.
Handall
and
his
Wife
,
and
Browns
Case
in
Chancery
.
974.
The
case
was
;
A.
possessed
of
a
Term
for
years
,
had
Issue
a
Son
and
two
Daughters
,
and
by
Will
he
devised
his
Term
to
John
his
Son
,
and
if
he
died
,
to
his
two
Daughters
,
and
if
they
died
,
to
his
Wife
;
he
made
his
Son
his
whole
Executor
,
who
entred
claiming
by
the
Will
,
and
after
Probate
,
he
died
Intestate
;
his
Wife
took
Letters
of
Administration
,
and
for
mony
sold
the
Term
to
Brown
the
Defendant
.
It
was
the
opinion
of
the
Justices
,
that
the
Assignee
of
the
Administrator
should
have
the
Term
,
and
not
the
two
Daughters
,
and
Decreed
in
Chancery
accordingly
.
975.
Upon
the
cases
of
claims
at
the
Coronation
of
the
King
,
these
points
were
Resolved
by
the
Justices
.
1.
That
where
a
Barony
,
or
a
Mannor
,
or
Land
holden
by
grand
Serjeanty
to
do
special
Service
at
the
Coronation
,
is
come
to
many
hands
by
purchase
,
there
each
Tenant
is
chargable
with
the
whole
Service
,
but
the
King
may
appoint
which
of
them
shall
do
the
Service
,
and
he
which
doth
the
Service
shall
alone
have
the
Fee
;
but
if
the
Division
be
by
Copartners
,
there
the
eldest
is
only
to
do
the
Service
,
and
the
other
shall
contribute
to
the
charge
,
and
the
eld●st
shall
have
the
Fees
;
but
if
each
Sister
sell
her
part
,
the
Feoffee
of
the
eldest
shall
not
have
the
preheminence
.
2.
Resolved
where
Grand
Serjeanty
is
to
be
done
at
the
Coronation
by
Tenure
,
and
the
Lands
come
to
an
ignoble
person
who
is
unmeet
to
do
the
Service
,
the
Lord
Steward
may
appoint
a
Noble
or
meet
person
to
do
the
Service
,
as
Deputy
to
the
Tenant
of
the
Land
.
3.
Resolved
where
Land
is
given
to
hold
,
as
to
be
Hostiarius
C●merae
Regis
,
or
the
like
;
In
such
Case
the
Tenants
are
to
make
their
claims
;
yet
they
are
not
to
be
admitted
to
the
said
Services
,
by
the
Commissioners
for
claims
,
or
the
Lord
Steward
,
but
they
are
to
be
referred
to
the
King
himself
,
their
Tenure
being
perpetual
and
continuing
.
Leigh
and
Helyers
Case
.
976.
A
man
supposing
he
had
Title
to
certain
Lands
which
were
in
the
possession
of
I.
S.
contracted
to
sell
them
to
I.
D.
and
sealed
a
Lease
for
years
to
a
third
person
,
to
the
use
of
I.
D.
with
whom
the
contract
made
,
and
the
year
and
day
long
before
expired
.
Resolved
it
was
maintenance
by
the
Common
Law
,
but
not
within
the
Statute
of
32.
H.
8.
Foster
and
Kings
Case
.
977.
A
man
made
his
Will
,
and
gave
diverse
Legacies
,
and
devised
that
the
rest
and
residue
of
his
Goods
(
after
his
Debts
and
Legacies
paid
)
to
his
wife
;
and
after
in
the
same
Will
he
devised
,
that
his
Overseers
should
enter
into
the
Lands
,
and
cut
down
so
much
of
the
Woods
as
would
suffice
to
pay
his
Debts
:
Quere
in
this
case
if
the
Debts
and
Legacies
shall
be
paid
of
the
Woods
,
if
the
Goods
be
not
sufficient
to
pay
them
.
Skipwiths
Case
▪
978.
Tenant
in
tail
,
and
he
in
the
Reversion
bargaineth
and
sells
the
Lands
to
the
King
,
and
before
enrollment
,
Tenant
in
tail
suffers
a
common
Recovery
▪
Quere
if
the
Issue
in
tail
be
barred
by
the
Recovery
;
not
Resolved
.
Lucas
Case
.
979
▪
Resolved
in
this
case
,
that
before
the
Statute
of
13
R.
2●
Murder
was
pardonable
by
the
name
of
Felony
,
but
since
that
Statute
,
the
King
cannot
pardon
Murder
,
by
pardon
of
feloniam
,
&
feloniacam
interfectionem
,
without
a
special
non
obstante
of
the
Statute
.
980.
Resolved
by
the
Justices
that
if
an
Executor
pay
a
Debt
due
upon
a
present
Obligation
,
it
is
no
Devastavit
,
though
there
be
a
Statute
or
Recognisance
broken
for
not
performance
of
Covenants
.
Ellis
and
War●es
Case
.
981.
Debt
.
The
case
was
:
W.
was
endebted
to
A.
100
l.
upon
an
usurious
contract
;
and
A.
was
endebted
to
E.
the
Plaintiff
100
l.
a
just
Debt
,
for
which
W.
and
A.
were
bound
to
E.
In
Debt
brought
upon
this
Obligation
,
W.
the
Defendant
pleaded
the
Usury
betwixt
him
and
A.
The
Plaint●ff
said
,
that
before
that
bond
upon
usury
,
W.
was
indebted
to
him
and
bound
for
his
debt
,
and
that
he
knew
not
of
the
usurious
Contract
betwixt
W.
and
A.
It
was
Resolved
,
the
Obligation
made
by
W.
the
Defendant
,
was
a
good
bond
pro
vero
deb●to
,
and
that
it
was
not
usury
in
the
Plaintiff
,
and
the
usurious
Contract
betwixt
W.
and
A.
should
not
prejudice
the
Plaintiff
.
Hall
and
Trusse●ls
Case
.
982.
Debt
brought
against
the
Defendant
,
the
Defendant
pleaded
an
Attainder
of
himself
after
the
debt
due
to
the
Plaintiff
;
adjudged
no
plea.
Oldcot
and
Levells
Case
.
983.
It
was
Resolved
in
this
Case
:
That
a
surrender
by
Tenant
in
Tail
of
a
Copyhold
,
was
not
a
Discontinuance
;
Also
that
a
surrender
by
Tenant
for
life
to
the
use
of
another
in
Fee
,
was
not
a
forfeiture
.
984.
Note
,
it
was
holden
by
the
Court
,
That
if
one
will
turn
the
extent
upon
the
extendors
for
extending
the
Lands
or
goods
at
too
high
a
Rate
,
he
must
do
it
at
the
first
day
of
the
Return
,
or
not
at
all
.
Griffith
and
Smiths
Case
.
985.
A
man
possessed
of
a
Term
for
years
of
a
Rectory
and
Lands
,
devised
the
profits
thereof
for
so
many
years
as
he
should
live
;
and
after
he
devised
the
profits
to
20.
of
his
poor
Kindred
,
and
that
after
the
death
of
his
Wife
,
the
Rectory
should
be
let
by
the
advice
of
his
over-seers
,
and
the
Rent
distributed
to
his
said
poor
Kindred
,
and
made
his
Wife
his
Ex●cutrix
:
It
was
Resolved
in
this
Case
by
all
the
Justices
in
the
Exchequer
Chamber
,
that
although
a
devise
of
the
profits
is
a
devise
of
the
Land
it self
,
if
there
be
no
other
circumstance
in
the
Case
;
yet
because
in
this
Case
,
the
devisor
hath
declared
,
that
the
poor
Kindred
should
not
have
the
property
o●
the
Term
,
and
he
appoints
a
Lease
to
be
made
for
Rent
,
and
the
Rent
to
be
distributed
amongst
them
;
that
the
Executors
should
have
the
Term
upon
the
Consideration
to
make
the
Lease
▪
and
distribution
,
and
that
the
poor
Kindred
had
only
Trust
and
no
Interest
in
the
Term.
986.
A
man
having
spent
his
estate
,
and
living
in
great
necessity
,
said
to
his
Wife
that
he
was
weary
of
his
life
,
and
that
he
would
kill
himself
;
The
Wife
said
that
then
she
would
dye
also
with
him
;
he
prayed
her
that
she
would
go
and
buy
Ratsbane
,
and
they
would
drink
it
together
,
which
she
did
and
put
it
in
drink
,
and
both
of
them
drank
of
it
;
the
Husband
dyed
,
but
the
Wife
recovered
by
vomiting
:
Qu●re
,
if
it
was
Murder
in
the
Wife
▪
Not
Resolved
.
Baker
and
Bacons
Case
.
987.
The
King
having
by
the
Statute
of
Dissolution
all
the
Ty●●es
within
St.
Edmonds-Bury
,
granted
omnes
decima●
nostras
grandrum
soem
,
&
es
in
Bu●y
Sancti
Edmundi
.
Ac
omnes
alias
decimas
nostras
infra
Bury
praedict'
quas
Eleemosyna●●us
monasterii
praedicti
colligere
soleb●t
.
Resolved
,
that
the
T●thes
passed
,
which
the
Almoner
used
to
collect
,
and
that
the
Relation
is
to
be
expounded
to
the
ac
omnes
alias
decimas
,
and
not
to
the
whole
sentence
.
988.
Note
Tr.
2
Jac.
in
the
Star
Chamber
:
It
was
Resolved
by
all
the
Justices
of
England
,
that
the
Deprivation
of
●uritan
Ministers
by
High
Commissioners
for
their
refusal
to
conforme
themselves
to
the
Ceremonies
appointed
by
the
late
Canons
was
Lawfull
;
because
the
King
hath
the
supream
Ecclesiastical
power
,
which
he
hath
delegated
to
them
by
which
they
had
power
of
the
Deprivation
by
the
Canons
of
the
Realm
▪
and
the
Statute
of
1
Eliz
▪
doth
not
give
them
any
new
power
,
but
explaines
and
declares
their
ancient
power
.
2.
Resolved
,
that
the
King
may
without
Parliament
make
Institutions
for
the
Government
of
the
Clergy
,
and
may
deprive
them
if
they
do
not
obey
them
;
and
so
the
Commissioners
,
may
deprive
them
,
but
they
cannot
make
any
Institution
without
the
King
.
3.
Resolved
,
that
to
frame
Petitions
,
and
to
collect
hands
of
multitudes
of
people
to
prefer
to
the
King
publike
causes
,
is
an
offence
finable
at
discretion
,
and
deserves
the
punishment
next
to
Treason
and
Fellony
,
because
it
tends
to
raise
Sedition
,
Rebellion
and
discontent
amongst
the
people
.
989.
It
was
Resolved
by
all
the
Justices
of
England
;
That
Clergy
is
not
allowable
for
Piracy
upon
an
Indictment
upon
the
Statute
of
28
H.
8.
unlesse
the
Piracy
be
done
in
a
Creek
,
in
which
the
Common
Law
before
the
said
Statute
had
Jurisdiction
,
but
not
if
it
be
done
in
al●o
mari
▪
for
such
is
felony
by
the
Civil
Law
,
in
which
no
Clergy
was
allowed
.
2.
Resolved
,
if
the
King
pardon
all
Felonies
by
the
Common
Law
or
any
Statute
,
Felony
done
super
altum
mare
is
not
pardoned
Adyn
and
Ay●es
Case
.
990.
A
Fieri
sacias
went
to
the
Sher●ff
●o
do
Execution
;
he
seised
certain
Wood
,
and
after
〈…〉
discharged
of
his
Office
,
he
●old
the
Wood
for
satisfying
the
Execution
.
It
was
adjudged
,
that
the
sale
was
good
upon
the
Statute
of
34
H.
6.
cap.
5.
because
he
was
charged
with
the
value
.
Sheldon
and
Handburyes
Case
.
991.
A
Woman
in
the
time
she
was
separated
from
her
Husband
,
got
a
sum
of
money
,
and
with
it
bought
Lands
,
and
took
an
Assu●ance
thereof
in
the
name
of
B.
in
trust
;
B.
lying
sick
,
at
the
request
of
the
Woman
,
made
a
Lease
for
200.
years
to
S.
the
Plaintiff
,
upon
condition
he
should
pay
the
profits
to
the
said
Woman
,
and
also
if
B.
lived
to
the
first
day
of
June
following
,
and
then
paid
12
d.
to
S.
the
Lease
should
be
void
;
B.
lived
to
the
day
but
did
not
pay
the
12
d.
but
afterwards
for
100
l.
he
made
Lease
to
the
Defendant
,
with
Covenants
to
save
the
Lessee
from
all
Incumbrances
;
B.
dyed
,
S.
not
having
notice
before
of
the
Lease
made
to
him
entred
:
It
was
the
opinion
of
the
Justices
in
this
Case
,
that
the
Lease
made
by
B.
to
S.
at
the
request
of
the
Woman
in
part
of
the
performance
of
the
Trust
,
was
not
a
fraudulent
Lease
within
the
Statute
of
27
Eliz
▪
to
defraude
purchasor
;
because
he
was
in
Conscience
to
perform
the
Trust
,
to
one
who
did
not
direct
any
second
sale
▪
also
at
the
time
of
the
second
Lease
,
the
power
to
revoke
was
void
,
and
the
first
Lease
absolute
.
Holder
and
Farleyes
Case
.
992.
Resolved
,
that
if
a
Woman
be
dowable
of
a
Copyhold
by
Custome
,
if
the
Husband
after
the
Marriage
make
a
Lease
for
years
,
the
Tenant
in
Dower
shall
not
avoid
it
.
Hall
and
Fettiplaces
Case
.
993.
A
man
prescribed
to
make
the
first
crop
of
the
Hay
in
little
Cocks
:
that
is
no
good
prescription
,
to
discharge
the
Tythe
of
After-mouth
;
but
other
it
is
of
a
Prescription
to
make
it
into
great
Cocks
,
or
to
carry
it
into
the
Parsons
Barn
,
the
same
is
a
good
Prescription
.
Forster
and
Browns
Case
.
994.
Lessee
for
years
devised
his
Term
to
his
Wife
for
life
,
the
Remainder
to
A.
for
life
,
if
I.
S.
within
two
years
after
her
death
be
not
bound
in
100
l.
to
pay
5
l.
per
an
.
to
the
said
A.
for
her
life
,
and
if
he
do
become
bound
,
he
devised
the
Term
to
the
said
I.
S.
and
the
Heirs
males
of
his
body
,
and
if
he
dyed
without
Issue
,
he
devised
the
Remainders
:
A.
dyed
within
a
Moneth
,
I.
S.
never
entred
bond
but
dyed
having
Issue
male
,
and
the
Issue
dyed
during
the
Continuance
of
the
Term
:
It
was
in
this
Case
holden
,
1.
That
it
was
a
good
Remainder
.
2.
That
the
Remainder
limited
to
I.
S.
upon
this
condition
precedent
was
good
,
and
should
take
effect
,
although
he
never
entred
Bond
;
for
he
had
time
to
do
it
within
two
years
;
and
then
when
A.
dyed
within
the
two
years
,
the
Condition
was
discharged
by
the
Act
of
God
,
and
so
the
Remainder
was
good
.
Banks
and
Brown●s
Case
.
995.
Copyholder
for
life
surrendred
to
the
Lord
of
the
Mannor
in
Tail
,
the
Reversion
in
the
Crown
;
the
Tenant
in
Tail
made
a
Lease
for
three
lives
,
the
Lease
to
begin
from
the
day
of
the
Date
,
and
the
old
Rent
was
Reserved
and
more
;
It
was
Resolved
by
the
Justices
,
that
it
was
a
good
Lease
within
the
Statute
of
32
Hen.
8
▪
if
Livery
was
made
after
the
day
of
the
date
.
Combes
Case
.
996.
It
was
Resolved
by
the
Justices
in
this
Case
:
1.
That
the
omitting
of
a
thing
or
Legacy
out
of
a
Will
,
which
is
appointed
to
be
inserted
in
it
,
is
not
Forgery
;
But
if
a
man
directs
one
who
writes
his
Will
to
limit
Land
to
one
for
life
,
the
Remainder
to
another
in
Fee
,
and
he
leaves
out
the
estate
for
life
,
so
as
the
Remainder
takes
present
effect
,
the
same
is
Forgery
▪
2.
It
a
man
writes
a
Will
without
direction
,
and
brings
it
to
the
Devisor
who
is
non
Compos
m●nt
is
,
and
he
allowes
of
it
,
the
Will
is
void
,
but
it
is
not
Forgery
.
But
if
a
man
writs
a
Will
with
blanks
,
and
then
the
Devisor
is
not
of
perfect
memory
,
and
the
writer
f●ills
up
the
blanks
;
though
this
be
not
Forgery
,
yet
it
is
a
Misdemeanor
punishable
in
the
writer
of
it
.
Sto●kwells
Case
.
997.
It
was
Resolved
in
the
Star
Chamber
in
this
Case
;
That
a
Purveyor
or
his
Debuty
cannot
take
any
thing
by
way
of
purveyance
without
shewing
of
his
Commission
▪
2
▪
That
no
Purveyor
can
take
Wood
or
Trees
growing
upon
the
Land
,
without
agreement
made
with
the
owne
of
the
Land
.
3.
That
no
Purveyor
can
take
any
thing
by
Purveyance
,
which
is
provided
by
the
Owner
for
his
own
provision
,
but
of
those
who
have
the
things
to
sell
.
4.
That
the
King
is
to
have
the
preemption
▪
of
all
things
put
to
sale
before
others
,
at
reasonable
Rate
.
B●llew
and
Brookes
Case
.
998.
The
Plaintiff
exhibited
a
Bill
into
the
Star
Chamber
for
the
pulling
up
of
16
▪
foot
of
hedging
,
for
putting
of
his
Cattel
to
take
Common
there
:
Both
the
Plaintiff
and
the
Defendants
were
both
Fined
,
the
Plaintiff
for
the
Suit
being
to
small
a
Ryot
,
and
the
Defendants
for
the
Act
done
.
Holloway
and
Pollards
Case
.
999.
A.
bargained
and
sold
Lands
to
B.
and
his
Heirs
for
500
l.
upon
Condition
that
if
he
paid
500
l.
he
should
re-enter
and
be
seised
to
the
use
of
himself
and
his
Heirs
,
untill
he
should
attempt
to
●dien
without
the
assent
of
the
bargainee
,
then
to
the
use
of
the
bargainee
and
his
Heirs
;
a
Fine
was
▪
Levyed
to
the
uses
▪
the
●00
l.
was
paid
,
A.
aliened
to
I.
S.
and
I.
D.
without
the
assent
of
the
Bargainee
:
Resolved
,
that
the
use
could
not
rise
to
the
bargainee
,
because
the
bargainor
entring
for
the
Condition
broken
,
was
in
of
his
old
use
and
estate
;
and
the
bargainor
who
came
in
by
the
use
of
the
Fine
,
could
not
●tand
seised
to
another
use
;
for
then
there
should
be
an
use
upon
an
use
,
which
cannot
be
.
Springs
Case
.
1000.
In
a
Case
of
a
Prohibition
:
It
was
Resolved
,
that
a
Parson
cannot
prescribe
against
the
Composition
made
by
the
Vicar
,
for
things
allowed
to
the
Vicar
upon
Composition
.
Heywards
Case
.
1001.
A.
acknowledged
a
Statute
and
dyed
;
Extent
issued
,
he
was
returned
dead
;
a
new
extent
issued
against
his
goods
,
it
was
Returned
that
his
Widdow
Administratrix
had
sold
them
;
a
new
Extent
Issued
against
her
and
her
second
Husband
.
Andrews
and
Lord
Cromwells
Case
.
1002.
In
the
Case
of
a
Writ
of
Right
it
was
Resolved
,
That
the
demy
mark
may
be
tendred
at
the
time
of
the
appearance
of
the
Jury
.
2.
That
the
Tenant
shall
begin
first
to
give
evidence
.
3.
That
in
this
Action
the
Jury
cannot
finde
a
speciall
verdict
.
Reynolds
Case
.
1003.
Resolved
by
the
Justices
in
the
Case
of
a
Prohibition
;
That
Tythes
shall
not
be
payd
of
the
Lopping
of
Trees
above
the
age
of
20.
years
;
but
Tythes
shall
be
paid
of
Acorns
.
Browne
and
Wottons
Case
.
1004.
In
Trover
and
Conversion
of
Plate
:
It
was
Resolved
,
that
it
was
was
a
good
plea
,
that
the
Plaintiff
had
brought
Trover
and
Conversion
against
a
stranger
for
the
same
plate
and
had
Judgment
;
But
it
is
not
so
in
Debt
,
where
a
certain
sum
is
demanded
.
Richards
Case
.
1005.
He
was
sentenced
in
the
Star
Chamber
for
divers
offences
,
1.
That
he
took
divers
sums
of
mony
from
the
Kings
people
,
affirming
to
them
,
That
the
King
had
granted
to
him
the
penalty
of
penal
Lawes
,
for
which
he
had
Exhibited
Informations
,
whereas
in
truth
he
never
had
exhibited
any
Information
;
and
that
he
being
a
Deputy
Purveyor
had
charged
the
people
with
so
great
sums
of
money
for
purveyance
of
Beans
and
Oates
,
and
to
the
purpose
to
take
money
for
Composition
,
which
money
he
divided
betwixt
him
and
others
,
and
for
divers
the
like
Misdemeanors
:
In
this
Case
it
was
Resolved
;
1.
That
Purveyance
was
due
to
the
King
by
Prerogative
at
the
Common
Law
.
2.
Purveyors
cannot
take
Trees
growing
nor
transplant
fruit
Trees
,
nor
take
without
apprisement
,
nor
without
shewing
their
Commission
.
3.
That
their
deputies
were
under
the
same
penalties
as
the
Masters
were
,
and
that
the
Masters
should
answer
for
the
offences
of
their
Deputies
,
for
all
the
wrong
done
to
the
subjects
.
4.
That
a
Deputy
could
not
make
a
Deputy
.
5.
That
the
selling
of
things
which
the
Purveyors
took
by
way
of
Purveyance
was
Fellony
.
The
Countesse
of
Rutlands
Case
.
1006.
Information
in
the
Star
Chamber
against
divers
S●rjeants
at
Mace
in
London
,
for
arresting
the
body
of
the
Countesse
:
The
case
upon
the
matter
appeared
to
be
this
,
A
Capias
was
awarded
against
the
Countesse
out
of
Common
Pleas
:
In
which
Case
it
was
Resolved
,
that
upon
such
Writ
,
the
Sheriff
or
his
Officer
might
without
any
Offence
by
a
Warrant
arrest
the
person
of
the
Countesse
;
for
he
is
not
to
dispute
the
authority
of
the
Co●rt
in
awarding
the
proces
,
but
he
is
to
execute
the
Writ
to
him
directed
:
But
because
the
Defendants
did
arrest
the
Countesse
upon
a
feined
action
,
of
their
own
heads
without
Warrant
,
They
were
fined
and
sentenced
by
the
Court.
Dag
and
Penkevells
Case
.
1007.
A
bill
was
exhibited
in
the
Star
Chamber
against
the
Defendant
and
divers
others
for
several
Offences
.
The
Defendant
for
that
he
inserted
the
name
of
a
special
Bailiff
,
in
a
Warrant
which
was
made
by
the
Sheriff
with
blanks
,
without
privity
or
direction
of
the
Sheriff
.
Note
in
this
Case
it
was
holden
,
that
where
there
are
several
Defendants
,
and
one
only
is
sentenced
,
the
other
shall
have
Costs
,
because
not
charged
with
the
offence
for
which
the
sentence
was
,
but
with
other
Offences
of
which
they
were
acquitted
.
2.
It
was
holden
in
this
Case
,
that
a
Defendant
shall
not
have
benefit
of
a
general
pardon
at
hearing
of
the
Cause
,
unlesse
he
prayes
the
same
upon
his
answer
put
into
Court
.
Clerks
Case
.
1008.
Note
in
this
Case
,
being
the
Case
of
a
Purveyor
who
was
sentenced
in
the
Star
Chamber
,
for
several
Offences
in
executing
his
Office
of
Purveyor
:
It
was
said
there
were
7.
properties
incident
to
every
Purveyor
.
1.
He
ought
to
be
sufficient
to
answer
the
King
and
the
party
.
2.
He
is
to
do
his
service
in
person
,
and
not
by
Deputy
,
because
it
is
an
Office
of
T●●st
.
3.
He
is
to
be
sworn
in
Chancery
before
he
execute
his
Office
,
for
he
ought
to
have
authority
under
the
great
Seal
,
with
blank
Labells
to
insert
what
he
takes
.
5.
His
Authority
is
to
continue
but
six
moneths
without
renewing
.
6.
He
ought
to
take
where
is
plenty
,
and
in
Convenient
time
,
and
no
more
then
is
sufficient
.
7.
He
is
to
take
the
things
in
kind
,
and
not
money
for
them
.
Lovice
and
Goddards
Case
.
1009.
The
Case
was
;
A.
the
Grandfather
had
Issue
two
Sons
T.
and
W.
and
by
his
Will
devised
to
T.
all
his
Mannors
,
Lands
,
&c.
within
the
Counties
of
D.
and
C.
viz.
to
T.
and
the
Heirs
males
of
his
body
(
after
his
decease
)
for
500.
years
.
Provided
if
T.
or
any
Issue
male
of
his
body
give
,
grant
,
&c.
the
premises
or
any
parcel
thereof
,
o●herwise
then
to
Lease
and
demise
the
same
for
any
term
or
number
of
years
,
as
may
or
shall
be
determinable
upon
the
deaths
of
a●y
2.
persons
,
&c.
to
be
made
in
the
Leases
,
&c.
then
all
the
premises
for
default
of
such
Issues
males
of
the
said
T
:
to
be
begotten
,
&c.
immediatly
upon
such
al●●nation
,
gift
,
grant
,
&c.
shall
remain
and
come
to
W.
and
to
the
Heirs
males
of
his
body
,
&c.
The
devisor
dyed
,
T.
entred
and
made
a
Lease
for
1000.
years
to
I.
S.
who
never
entred
,
T.
dyed
without
Issue
male
,
I.
being
his
Daughter
and
Heir
;
W.
dyed
having
Issue
the
Plaintiff
,
who
entred
,
upon
whom
I.
entred
:
In
this
Case
it
was
Resolved
in
C.
B.
that
the
devise
to
T.
and
the
Heirs
males
was
an
estate
Tail
,
and
the
limitation
for
years
void
.
2.
Resolved
,
that
there
ought
to
be
a
concurrence
of
death
without
Issue
male
,
and
also
of
alienation
before
the
rising
of
the
Remainder
.
3.
That
the
Remainder
should
never
rise
,
because
the
particular
estate
was
destroyed
by
the
alienation
before
the
Remainder
could
commence
.
4.
That
the
Lease
for
1000.
years
made
to
I.
S.
was
not
an
alientation
within
the
Proviso
,
upon
which
the
estate
might
rise
to
W.
when
T.
was
dead
without
Issue
male
,
because
that
T.
who
made
the
Lease
was
but
Tenant
in
Tail
,
and
then
the
Lease
was
determined
upon
his
death
:
It
was
the
opinion
of
all
the
Justices
in
C.
B.
that
the
Judgment
should
be
for
the
Defendant
;
upon
which
Judgment
,
the
Plaintiff
brought
a
Writ
of
Error
in
B
▪
R.
and
there
by
all
the
Justices
upon
the
matter
in
Law
,
the
Judgment
was
reversed
Mich
▪
3.
Jan.
Cargenter
and
Collins
Case
.
1010.
In
Debt
for
Rent
,
the
Case
was
▪
A.
had
a
Son
and
a
Daughter
and
devised
,
that
his
Son
should
have
his
Land
at
his
age
of
24.
years
,
and
gave
40
l.
to
his
Daughter
to
be
paid
at
her
age
of
22.
years
;
and
appointed
that
C.
should
be
his
Excecutor
,
and
should
have
the
oversight
and
dealing
of
his
Lands
and
goods
,
till
his
Children
should
come
to
the
ages
aforesaid
,
and
dyed
▪
C.
the
Plaintiff
made
a
Lease
to
the
Defendant
at
Will
,
rendering
Rent
at
Mich.
and
our
Lady-day
;
the
Daughter
entred
upon
the
Tenant
at
Will
,
the
Tenant
attorned
to
her
,
the
Son
dyed
within
the
age
of
24
▪
years
;
the
Defendant
did
not
pay
the
Rent
,
for
which
C.
brought
Debt
against
him
:
It
was
adjudged
against
the
Plaintiff
.
Resolved
,
1.
The
word
Oversight
and
deal●ng
with
his
Lands
and
goods
did
not
give
any
Interest
to
C.
the
Excecutor
,
but
an
authority
only
,
and
that
the
estate
discended
to
the
Son
.
2.
That
by
the
death
of
the
Son
the
Interest
of
the
Executor
was
determined
,
for
it
was
no●
the
intent
of
the
devisor
to
bar
the
Heir
of
the
Son
,
untill
the
Son
should
come
to
the
age
of
24
years
,
if
he
lived
.
3.
That
the
Tenury
at
Will
was
determined
by
the
entry
of
the
Daughter
,
because
she
entred
by
Title
i.
e.
as
Heir
to
her
Brother
.
Lord
Aburgavenny
and
Edwards
Case
.
1011.
An
Excommengement
was
pleaded
in
Bar
;
and
the
Certificate
of
the
Bishop
of
L●ndaph
shewed
of
it
,
but
doth
not
mention
by
what
Bishop
the
party
was
Excommenge
;
wherefore
it
was
adjudged
void
.
Rastoll
and
Drapers
.
Case
.
1012.
Debt
upon
an
Obligation
for
payment
of
so
much
Flemish
mony
,
the
Plaintiff
declared
for
so
much
English
money
,
and
it
was
holden
good
by
the
Court.
Doyly
and
Drakes
Case
.
1013.
A
man
had
two
Closes
adjoyning
time
out
of
mind
,
and
sold
one
of
them
;
who
should
make
the
Inclosure
,
the
Purchasor
or
the
vendor
?
the
Court
was
divided
in
opinion
.
Vide
21
Eliz.
Di●r.
372.
Williams
and
Vaughans
Case
.
1014
▪
Scire
facias
by
the
Plaintiff
against
the
Defendant
who
was
bail
in
Debt
for
I.
S.
who
did
not
render
his
body
nor
pay
the
Debt
;
the
Defendant
demurred
,
1.
Because
no
Capias
was
sued
against
the
principal
;
and
also
because
the
Principal
was
dead
before
the
Scire
facias
brought
;
but
both
points
overruled
,
because
the
Condition
of
the
bail
was
broken
before
.
Whit●ock
and
Har●wells
Case
.
1015.
A.
and
B.
Sisters
Joynt
Tenant
:
A.
Covenanted
with
a
stranger
,
that
he
should
enjoy
the
moyety
which
she
held
with
her
Sister
in
Joynture
for
60.
years
,
from
the
death
of
her
Sister
,
if
she
the
said
A.
should
so
long
live
▪
and
demised
to
him
the
other
moyety
from
her
own
death
for
60.
years
,
if
her
Sister
so
long
lived
.
Adjudged
the
Lease
was
void
for
both
moyeties
▪
●he
one
because
of
her
moyety
after
the
death
of
her
Companion
,
and
the
other
is
of
the
moyety
of
her
Companion
if
he
should
live
so
long
,
which
is
but
a
possibility
and
not
grantable
;
and
it
was
Resolved
,
if
one
Joynt
Tenant
Covenant
to
stand
seised
of
the
moyety
of
his
Companion
,
it
is
a
void
Covenant
although
he
survive
.
Baxter
,
W●odyard
and
others
Case
.
1016.
Action
upon
deceit
,
for
deceiving
the
Plaintiff
at
Cards
,
at
the
game
of
Mountsant
,
by
bringing
in
a
Card
called
the
Bum-card
;
by
which
they
devised
,
that
the
Plaintiff
should
have
but
such
games
as
they
pleased
,
by
which
Cosenage
they
deceived
the
Plaintiff
of
16
l.
Upon
No●
guilty
,
it
was
found
for
the
Plaintiff
and
damages
▪
Assessed
;
It
was
said
the
Action
did
not
lye
,
no
more
then
for
false
D●ce
:
Bu●
Resolved
the
Action
did
lye
,
and
so
it
was
said
it
was
adjudged
in
one
Richmons
Case
who
recovered
100.
damages
upon
such
a
Cosenage
.
Walt●●m
and
Mulgars
Case
.
1017.
The
Case
was
,
the
Owner
of
a
Ship
in
the
time
of
Queen
Eliz.
furnished
it
to
Sea
,
with
Letters
of
Marque
to
take
the
goods
of
the
Spaniards
,
the
Queens
Enemies
:
The
Mariners
and
souldiers
without
his
directions
,
took
a
French
Ship
and
the
goods
in
it
,
the
Frenchmen
being
then
in
Peace
with
the
Queen
:
The
point
was
if
the
Owner
of
the
Ship
should
answer
for
those
goods
;
It
was
said
by
Popham
Chief
Justice
,
That
where
the
Master
sends
his
Servant
to
do
an
unlawfull
act
,
there
the
Master
shall
answer
for
the
Servant
;
not
where
he
sends
his
Servant
to
do
a
Lawfull
act
,
as
here
the
taking
of
the
goods
of
the
Queens
enemies
;
there
although
he
mistakes
and
takes
the
goods
of
the
Queens
Friends
,
the
Master
shall
not
answer
for
the
goods
:
Quaere
,
for
that
the
Civil
Law
is
,
that
the
Master
shall
answer
in
all
publike
Cases
.
Closes
Case
.
1018.
The
Case
was
,
a
man
who
was
presented
by
Simony
,
Libelled
in
the
Spiritual
Court
for
Tythes
;
The
Question
was
,
whether
the
Simony
should
be
tryed
in
the
Spiritual
Court
,
or
by
the
Common
Law
;
The
point
is
not
Resolved
.
Note
there
Simony
is
defined
to
be
Studiosa
volupt
as
emendi
vel
vendendi
Spiritualia
vel
Spiritualibus
annexa
:
and
it
is
either
Mentalis
or
Conventu●lis
,
of
both
which
the
Spiritual
Law
may
Judge
,
but
the
Temporal
Court
only
of
Coventual
Simony
.
Talenti●e
and
Dentons
Case
.
1019.
The
Bishop
of
Ca●lis●e
was
seised
in
Fee
of
Tythes
in
the
right
of
his
Bishoprick
,
and
he
made
a
Lease
of
them
for
three
lives
rendring
the
Ancient
Rent
,
the
Tythes
having
been
usually
demised
for
the
same
Rent
:
It
was
Resolved
,
that
the
Lease
was
not
good
against
his
successor
,
because
he
had
not
remedy
for
the
Rent
by
distresse
or
action
of
Debt
;
otherwise
it
had
been
only
a
Lease
for
years
,
for
there
debt
lyeth
for
the
Rent
.
The
Lord
S●r●tton
,
and
the
Lord
Mordanes
Case
.
1020.
The
said
Lords
by
Writ
under
the
Great
Seal
,
were
commanded
upon
their
Faith
and
Allegiance
,
that
(
quacunque
causa
&
excusatione
cessante
)
to
come
to
the
Parliament
,
and
there
to
attend
the
Affairs
of
the
Parliament
,
which
are
ardua
Regni
;
they
made
divers
frivolous
excuses
;
It
was
presumed
that
they
had
notice
by
some
of
the
Gun-powder
Traitors
,
they
being
of
their
Kindred
and
Alliance
to
absent
themselves
,
and
therefore
to
avoid
the
danger
of
their
persons
,
they
absented
themselves
,
which
if
they
knew
of
any
Danger
,
they
ought
to
have
made
the
same
known
to
the
King
or
his
Council
;
and
upon
Presumption
also
,
because
they
were
very
conversant
with
some
of
the
Gunpowder
Traitors
,
and
were
often
in
their
company
,
and
divers
Papists
in
their
houses
;
and
for
this
their
contempt
in
not
coming
to
the
Parliament
,
they
were
Sentenced
and
Fined
in
the
Star-chamber
;
and
it
was
said
in
this
case
,
that
for
the
disobeying
of
the
Kings
Commands
under
his
Privy
Seal
,
several
persons
,
Lands
and
Estates
by
Commission
have
been
seised
into
the
K●ngr
Hands
;
as
the
Earl
of
Cornwalls
case
4
H.
3.
The
Bishop
of
Winchester
case
3
E
3.
and
Sir
Francis
Eglesfields
Case
.
Stockwith
and
Norths
Case
.
1021.
It
was
Resolved
by
the
Justices
,
that
the
setting
to
Farm
and
sale
of
Offices
was
not
malum
prohibitum
,
against
the
Statute
of
4
H.
4.
c.
5.
but
malum
in
sese
,
and
therefore
because
the
Sheriff
of
Nottingham
took
mony
for
the
Goale●ship
,
and
the
Bayliwick
of
the
said
County
for
one
year
,
he
was
fined
in
the
Star-chamb
▪
B●rd
and
Smiths
Case
.
1022.
S.
was
deprived
by
the
High
Commissioners
for
not
conforming
to
the
Canons
of
the
Church
;
it
was
general
,
quia
refactarius
;
but
no
particular
Canon
mentioned
:
The
King
by
reason
of
the
said
Deprivation
,
presented
B
▪
who
was
induced
,
but
S.
would
not
yield
up
the
possession
of
the
Parsonage-house
:
A
Writ
of
Vi
laica
issued
out
of
the
Chancery
;
the
Sheriff
came
to
the
House
,
but
could
not
apprehend
the
parties
;
B.
finding
the
House
empty
,
entered
peaceably
;
S.
made
an
Affidavit
in
B.
R.
that
he
was
ousted
by
the
Sheriff
with
force
,
and
B.
put
into
possession
;
the
Court
of
B.
R.
thereupon
granted
a
Writ
of
Restitution
,
he
having
an
Appeal
depending
of
the
Deprivation
▪
In
this
case
these
points
were
Resolved
;
1.
That
the
Writ
de
vi
laica
removenda
,
is
not
returnable
unless
the
Sheriff
find
the
force
.
2.
That
the
Kings
Bench
cannot
award
Restitution
upon
an
Affidavit
,
but
there
ought
to
be
a
Return
of
the
Writ
of
vi
laica
,
&c.
in
the
Chancery
;
and
upon
Affidavit
made
there
,
that
the
Sheriff
by
vertue
of
the
Writ
,
hath
removed
one
and
put
another
in
possession
,
Restitution
is
awardable
.
3.
Resolved
,
That
upon
a
Deprivation
by
the
High
Commissioners
,
no
appeal
lieth
,
because
the
Commission
is
ground
upon
the
Prerogative
of
the
King
,
in
the
Ecclesiastical
Government
;
and
therefore
the
Commissioners
being
immediate
from
the
King
,
and
possessing
his
person
,
no
Appeal
lieth
.
4.
Resolved
that
the
Canons
of
the
Church
,
made
by
the
Convocation
and
the
King
,
without
Parliament
,
shall
bind
in
all
matters
Ecclesiastical
,
as
well
as
an
Act
of
Parliament
:
In
the
principal
case
it
was
adjudged
untill
the
Deprivation
was
repealed
;
and
adjudged
it
stood
good
,
and
so
B.
had
good
Title
to
the
Church
.
Sydenham
and
Caps
Case
.
1023.
Tenant
in
Tail
made
a
Lease
for
Life
,
to
a
Feme
Covert
,
the
Husband
surrendred
,
and
then
Tenant
in
Tail
made
a
Lease
for
three
Lives
,
and
died
,
the
wife
after
the
death
of
her
Husband
entred
:
It
was
adjudged
that
it
was
a
good
Lease
for
three
Lives
,
within
the
Statute
of
32
H.
8.
and
the
issue
in
Tail
should
not
avoid
it
.
Cros●
and
Evetts
Case
.
1024.
The
case
was
;
A.
A
Popish
Recusant
,
intending
to
disinherit
the
Plaintiff
his
Heir
being
a
Protestant
,
and
to
confer
the
Profits
of
the
Lands
upon
such
persons
as
were
of
his
own
Religion
,
by
Indenture
conveyed
the
Lands
to
divers
persons
,
being
Popish
Recusants
,
and
their
heirs
upon
hope
,
trust
,
and
confidence
;
and
to
the
intent
they
should
and
would
after
the
decease
of
him
,
and
Ja●e
his
wife
,
yearly
for
ever
give
,
bestow
,
and
imploy
all
the
Issues
and
Profits
thereof
upon
poor
Scholles
in
Oxon
and
Cambridge
,
or
elsewhere
,
such
as
shall
intend
to
study
D●vinity
,
and
enter
into
Holy
Orders
according
to
the
intent
and
true
meaning
of
the
said
A.
It
was
the
opinion
of
the
Lord
Chancellor
in
the
Chancery
,
and
of
the
Judges
Assistants
upon
the
hearing
of
this
Cause
,
and
so
Resolved
and
Decreed
,
That
the
said
conveyance
made
upon
the
hopes
,
trusts
,
confidences
,
and
meanings
aforesaid
,
were
pernitious
and
dangerous
to
the
State
of
the
Commonwealth
,
and
if
the
profits
of
the
Lands
should
be
imployed
according
to
the
hopes
,
trusts
,
and
meanings
before
mentioned
,
the
same
would
be
bestowed
upon
Traitors
,
Jesuits
,
and
Seminary
Priests
,
and
others
Enemies
to
the
Crown
and
Dignity
of
this
Kingdom
;
and
therefore
it
was
Adjudged
,
and
so
afterwards
Decreed
that
all
the
before
mentioned
confidences
,
hopes
,
trusts
,
and
meanings
,
were
unlawfull
and
meerly
void
.
The
Lady
Russel
,
and
the
Earl
of
Nottinghams
Case
.
1025.
The
Lady
Russel
having
the
Office
of
the
custody
of
the
Castle
of
D.
for
her
Life
by
Grant
from
the
Queen
Eliz.
and
the
Earl
having
the
Inheritance
thereof
,
by
Grant
also
from
the
Queen
,
the
Earl
sent
his
Servants
with
stuff
to
the
said
Castle
,
and
with
Housholdstuff
and
Furniture
to
prepare
for
his
Lodging
there
;
the
Lady
Russel
Servants
denied
them
to
enter
,
pretending
the
Lady
was
to
have
the
use
and
disposing
of
it
during
her
Life
,
and
shut
the
Doors
thereof
:
The
Servants
of
the
Earl
opened
the
Doors
with
Iron
Barrs
,
and
afterwards
entred
.
The
Question
was
if
the
entry
was
a
Riot
in
the
Servants
of
the
Earl
;
It
was
Resolved
it
was
no
Riot
,
because
the
Castle
did
belong
to
the
Earl
in
Propriety
,
and
the
Lady
having
but
the
custody
of
it
,
with
a
Sallary
,
the
Earl
was
always
in
possession
;
and
when
the
Servants
broke
open
the
Doors
with
force
,
they
were
but
Trespassors
to
their
Master
,
and
not
to
the
Lady
.
And
in
this
case
it
was
holden
by
the
Justices
,
That
if
one
hath
the
custody
of
a
castle
or
house
for
Life
,
and
he
denies
the
owner
to
enter
into
the
Castle
,
and
shut
the
Doors
against
him
,
that
it
is
a
forfeiture
of
the
custody
of
the
castle
or
house
.
Yelland
and
Fi●his
Case
.
1026.
A.
covenanted
to
stand
seised
to
the
use
of
himself
for
life
,
with
divers
Remainders
over
to
others
,
to
some
for
Life
,
and
to
others
in
tail
,
the
Reversion
to
himself
in
Fee
:
Afterwards
he
made
a
Lease
for
years
to
a
Stranger
,
and
afterwards
during
the
Term
he
revoked
:
The
Court
was
divided
in
opinion
,
if
his
power
of
Revocation
was
not
suspended
during
the
Term
:
It
was
the
opinion
of
Coke
Chief
Justice
,
he
might
revoke
all
the
uses
,
but
the
Term.
The
Lord
Greys
Case
.
1027.
The
Lord
,
being
Lord
of
the
Mannor
of
B.
the
Tenants
joyned
in
a
Petition
to
the
King
for
the
custom
of
the
Mannor
,
which
custom
they
set
forth
to
be
,
that
after
the
death
of
the
Tenant
for
Life
of
a
Copyhold
,
the
Lord
is
compellable
to
make
an
Estate
to
the
elest
Son
for
Life
,
and
if
he
hath
no
Son
,
to
the
daughter
:
They
subscribed
their
name
to
a
Blank
,
giving
power
to
B.
one
of
them
to
write
what
Petition
he
pleased
,
and
they
agreed
in
bearing
of
the
charge
of
it
ra●eably
.
It
was
holden
by
the
Justices
in
this
case
,
That
the
joyning
in
the
Suit
,
and
in
the
ra●eable
charge
,
was
lawful
,
but
for
subscribing
the
Blank
,
it
was
conce●ved
by
them
,
it
was
censurable
in
the
Star-chamber
,
because
it
was
an
illegal
combination
,
although
the
●●mplaint
be
not
censurable
:
But
for
the
custom
,
the
Justices
were
of
opinion
that
the
same
was
against
Law
.
The
Dean
and
Canons
of
Windsor
,
and
P●n●ins
Case
.
1028.
The
Dean
and
Canons
made
an
agreement
betwixt
them
by
Lotts
to
have
an
assurance
of
a
Lease
to
〈◊〉
of
them
of
certain
Possessions
of
the
Church
,
the
Lotts
being
cast
so
as
each
knew
his
Lease
;
They
made
the
assurance
in
this
manner
,
viz.
The
Corporation
entred
into
a
Bond
of
500
l.
to
the
Canon
,
who
was
to
have
the
Lease
,
and
the
Canon
entred
into
an
Obligation
of
the
same
Sum
to
pay
to
the
Colledge
5●0
l.
The
intent
of
the
agreement
was
,
that
the
one
500
l.
should
be
estopped
for
the
other
500
l.
and
the
Corporation
was
to
have
only
the
10
l.
for
the
Lease
.
This
Case
being
in
Chancery
,
it
was
Decreed
by
the
Lord
Chancellor
,
That
the
Obligation
of
500
l.
made
by
the
Dean
and
Canons
to
each
Canon
,
was
void
by
the
Statute
of
18
Eliz.
which
speaks
of
Bonds
and
Covenants
to
be
void
for
making
a
Lease
contrary
to
the
Statute
of
13
Eliz.
Hussies
Case
.
1029.
Hussey
a
Bastard
purchased
a
Mannor
of
the
Queen
,
and
made
his
Will
,
by
which
he
devised
the
Mannor
;
Afterwards
he
made
a
Feoffment
of
the
Mannor
to
the
use
of
such
persons
,
and
for
such
Estate
as
he
had
declared
by
his
Will.
It
was
adjudged
that
the
Feoffment
was
a
countermand
of
the
Will
,
and
yet
the
Will
was
sufficient
to
declare
the
use
of
the
Feoffment
.
Sh●te
and
Mallorys
Case
.
1030.
Lessee
for
40
▪
years
of
the
Queen
made
a
Lease
for
21.
years
,
rendring
Rent
,
and
afterwards
granted
totum
statum
suum
to
the
Plaintiff
,
to
whom
the
Lessee
for
21
years
refused
to
attorn
,
or
pay
the
Rent
.
It
was
decreed
in
Chancery
,
that
he
should
attorn
and
pay
the
Rent
,
because
the
Plaintiff
had
no
means
to
compel
the
Attornment
,
and
yet
without
Attornment
,
the
Reversion
to
which
the
Rent
was
incident
,
was
in
the
Grantee
;
and
in
this
case
it
was
said
,
that
where
a
Rent
was
devised
without
distress
,
the
Chancellor
had
power
to
co●pel
the
Tenant
to
pay
it
,
and
yet
the
Rent
is
in
the
Devise
by
the
Devise
.
Cole
and
Moores
Case
.
1031.
A.
possessed
of
a
Lease
for
years
,
devised
in
this
manner
,
viz.
I
give
and
bequeath
all
the
years
to
come
,
after
my
decease
,
in
my
Farms
,
&c.
to
J.
M.
to
enjoy
and
receive
the
profits
thereof
during
his
Life
,
paying
such
Rent●
I
am
bound
to
pay
,
and
all
such
Annuities
as
I
have
given
,
and
such
Estates
as
I
do
give
by
my
Will
;
and
if
be
die
before
the
years
to
come
in
my
Farms
b●
fully
expired
,
I
give
and
assign
the
rest
of
my
years
to
come
,
to
my
So●●
P.
C.
and
the
said
P.
C.
shall
then
pay
yearly
to
A.
M.
26
l.
during
her
Life
,
and
if
she
die
before
her
Husband
J.
M.
then
I
give
to
E.
M.
60
l.
13
s.
4
d.
out
of
my
Farms
to
be
paid
●er
during
six
years
,
and
made
J.
M.
her
Executor
and
died
.
J.
M.
pr●ved
the
Will
,
and
had
As●etts
3000
l.
P.
C.
made
his
Will
in
the
Life
of
J.
M.
and
there
did
bequeath
to
R.
C.
his
Son
,
all
the
Lands
leased
,
and
all
his
Term
of
years
,
Estate
,
Life
,
Interest
,
to
come
and
enduring
:
R.
C.
preferred
his
Bill
in
Chancery
against
J.
M.
for
endeav●●ing
to
defraud
the
possibility
,
by
conveying
the
Term
away
to
Friends
in
trust
for
his
own
use
:
J.
M.
confessed
the
conveying
to
Friends
in
trust
to
his
own
use
.
The
points
;
1.
Whether
R.
C.
by
the
Will
of
his
Father-in-law
,
or
equiiy
,
be
entituled
to
the
possibility
of
the
Term
that
shall
remain
after
the
death
of
J.
M.
2.
Whether
he
may
sue
during
the
Life
,
of
J.
M.
for
this
possibility
:
It
was
decreed
in
Chancery
,
1.
P.
C.
is
Cestuy
que
trust
,
and
although
the
possibility
be
not
grantable
nor
diviseable
by
Law
,
yet
cestuy
que
trust
,
may
declare
his
VVill
,
and
so
the
VVill
of
P.
C.
doth
amount
to
a
Declaration
of
the
Trust
,
and
ought
to
bind
J.
M.
the
Executor
▪
2.
That
the
acts
of
the
Executor
,
tending
to
destroy
the
possibility
,
were
breaches
of
the
Trust
.
3.
That
Suit
for
prevention
of
Fraud
or
breach
of
Trust
,
might
be
before
the
Trust
doth
fall
to
the
intent
to
preserve
the
possibility
.
The
Bishop
of
Sarums
Case
.
1032.
King
Edward
the
Fourth
,
created
the
Office
of
Chancellor
of
the
Gar●er
,
but
did
not
annex
any
Fee
to
it
,
and
constituted
B.
Bishop
of
Sarum
,
to
be
the
first
Chancellor
during
his
Life
;
and
further
granted
that
the
Successors
of
the
Bishop
of
Sarum
,
for
and
after
,
should
be
Chancellors
of
the
Garter
.
B.
was
received
,
and
did
execute
the
Office
,
and
died
Bishop
of
Sarum
22
E.
4.
It
did
not
appear
that
any
Successor
of
the
Bishop
was
admitted
to
the
said
office
▪
but
the
Kings
of
England
have
placed
Chancellors
:
If
the
Bishop
of
Sarum
by
Succession
had
title
to
the
Office
,
was
the
question
:
It
was
Resolved
he
had
no
title
to
it
;
1.
because
the
Pattent
was
originally
void
to
make
the
Successor
of
a
Bishop
Officer
:
for
B.
took
the
Estate
for
his
Life
in
his
natural
Capacity
,
and
not
in
his
politick
Capacity
,
and
he
could
not
take
both
in
his
natural
,
and
his
politick
Capacity
together
.
2.
Because
there
had
not
bin
any
use
or
exercise
of
the
Office
by
any
Successors
.
3.
In
this
Case
it
was
agreed
,
that
the
constitution
of
a
new
Office
and
Officer
was
good
,
though
no
Fee
was
annexed
or
given
to
it
.
Tatton
and
Sir
Richard
Mollineux
Case
.
1033.
A
Lessee
for
99.
years
of
the
Rectory
of
B.
by
the
Bishop
of
C.
assigned
the
same
to
the
Defendant
and
others
▪
to
the
use
of
the
said
A
▪
for
Life
,
the
Remainder
to
B.
the
Plaintiff
,
and
to
the
Heirs
Males
of
the
said
B.
the
Remainder
to
A.
and
to
those
he
should
assign
the
same
by
his
Will
,
and
for
want
of
such
Limitation
,
to
the
Executors
and
Administrators
of
A.
A.
assigned
his
Use
,
Interest
,
and
Trust
to
I.
S.
B.
by
Decree
at
Chester
recovered
the
Rectory
against
the
Assignee
,
paying
500
l.
B.
required
the
Defendant
to
assign
all
the
Term
to
him
,
and
to
such
as
he
should
appoint
.
It
was
in
the
Chancery
Decreed
that
the
Defendant
should
make
the
Assignment
to
B.
or
to
such
as
he
should
name
,
because
the
Limitation
to
B.
of
the
Trust
,
and
the
Heirs
Males
of
his
body
,
resembled
a
Grant
or
Devise
of
the
Term
itself
,
to
one
and
the
Heirs
Males
of
his
body
,
which
cannot
be
an
entail
,
because
against
the
Rules
of
Law
,
that
a
Term
should
be
entailed
,
and
therefore
the
Term
for
such
Grant
or
Devise
,
rests
wholly
in
the
Donee
or
Devisee
,
and
he
hath
the
whole
disposition
of
it
,
and
such
a
Term
shall
not
go
to
the
Issue
,
but
to
the
Executors
of
the
Donee
or
Devise
.
Boldney
and
Curties
Case
.
1034.
A
man
covenanted
to
make
far●her
assurance
upon
request
,
be
it
by
Fine
,
&c.
The
Plaintiff
delivered
to
him
a
note
of
a
Fine
,
and
required
the
Defendant
to
acknowledge
the
same
before
the
Justices
of
Assize
,
and
he
did
not
acknowledge
it
because
no
VVrit
of
Covenant
was
first
brought
or
depending
:
Resolved
the
Covenant
was
broken
,
because
the
acknowledgment
of
the
Note
for
a
Fine
,
is
an
Act
preparatory
for
the
Fine
itself
,
upon
which
a
Writ
of
Covenant
may
be
after
sued
●orth
.
Trot
and
Sp●rlings
Case
.
1035.
In
Audita
Quer●la
;
the
case
was
,
B.
acknowledged
a
Statute
to
S.
There
was
a
defeazance
of
it
,
That
if
his
Lands
in
the
county
of
D.
should
be
extended
,
the
Statute
should
be
void
:
Afterwards
B.
sold
his
Lands
in
the
county
of
D.
to
F.
the
Plaintiff
,
which
being
extended
,
he
brought
Audita
Querela
:
It
was
Resolved
in
this
case
by
the
Justices
,
that
the
Audita
Querela
did
well
lie
,
and
F.
should
be
relieved
upon
it
,
for
they
held
the
defeazance
to
be
good
,
and
not
repugnant
:
They
agreed
that
if
the
Condition
of
an
Obligation
be
that
the
party
shall
not
sue
the
Obligation
,
that
the
condition
is
repugnant
;
but
a
Defezance
by
another
Deed
to
that
effect
is
good
.
It
was
adjudged
for
the
Plaintiff
.
Swaine
and
Becketts
Case
.
1033.
The
Queen
seised
of
the
Mannor
of
D.
made
a
Lease
thereof
for
years
to
I.
S.
excepting
the
Trees
.
King
James
granted
the
reversion
to
the
Plaintiff
;
the
custome
of
the
Mannor
was
,
that
a
Copyholder
of
the
Mannor
might
top
and
lop
Trees
:
The
Defendant
being
a
Copyholder
,
cut
Trees
for
firewood
,
for
which
Trespass
was
brought
:
Resolved
,
that
the
Action
did
not
lie
,
because
the
Copyholder
was
in
by
the
custom
which
was
paramount
the
exception
of
the
Trees
in
the
Lease
,
and
the
exception
should
not
hinder
the
custom
,
although
the
Copyholder
came
to
his
Estate
after
the
Exception
.
The
Countess
of
Cumberlands
Case
.
1037.
It
was
Resolved
by
the
Justices
in
this
case
,
That
great
●eeches
of
200
years
growth
,
which
were
for
use
for
Timber
in
the
country
where
they
did
grow
,
could
not
be
felled
or
taken
by
Tenant
for
Life
,
because
they
did
belong
to
the
Inheritance
,
and
so
they
said
it
was
of
Wind-falls
which
had
Timber
in
them
,
they
did
belong
to
the
Inheritance
;
otherwise
if
they
were
Dotards
▪
and
had
no
Timber
in
them
.
Lambs
Case
in
the
Star-Chamber
.
1038.
It
was
Resolved
by
the
Justices
in
this
case
;
1.
That
the
Procurer
and
also
the
VVriter
of
a
L●bel
,
were
both
contrivers
of
it
▪
2.
That
if
a
man
read
a
Libel
,
or
heard
it
read
,
the
same
is
no
publication
of
it
;
but
if
after
it
is
read
he
repeat
it
to
another
,
it
is
a
publication
of
it
.
3.
That
he
who
writes
a
Libel
by
the
commandment
of
his
Master
or
Father
,
is
not
a
publisher
of
it
.
Stone
and
Walters
Case
.
1039.
W.
being
robbed
,
accused
Stone
being
a
Poulterer
,
to
be
the
party
who
robbed
him
,
but
afterwards
withdrew
his
accusation
.
Stone
not
satisfied
therewith
,
brought
his
Action
upon
the
case
against
W.
W.
then
accused
him
again
of
the
Felony
,
for
which
he
was
bound
over
to
the
Sessions
,
where
W.
swore
directly
that
S.
was
the
party
that
robbed
him
,
yet
the
Jury
found
an
Ignoramus
,
so
as
S.
was
never
Indicted
,
nor
lawfully
acquitted
;
Yet
for
this
conspiracy
to
accuse
him
,
W.
and
his
conrederates
were
all
fined
and
punished
in
the
Star-chamber
:
And
in
this
case
it
was
holden
by
the
Justices
,
that
such
Conspirators
were
punishable
by
Indictment
,
although
an
Action
upon
the
case
did
not
lie
for
the
party
.
The
Spanish
Ambassador
and
Plages
Case
.
1040.
Plage
was
pressed
with
his
Ship
at
Lisbone
to
carry
the
King
of
Spains
Soldiers
to
such
a
Port
,
and
had
their
Letters
from
the
Vice-Roy
of
Portugal
to
trade
to
Brasil
;
he
performed
the
Service
of
Transportation
,
and
14
,
months
after
traded
at
Brasil
,
and
freighted
his
Ship
there
for
the
transportation
of
Goods
to
Hamborough
,
and
was
bound
with
Sure●ies
in
the
Custom-house
of
Brasil
,
to
pay
the
customes
due
to
the
King
of
Spain
,
at
St.
Michaels
;
the
Ship
by
tempest
was
forced
into
England
,
and
did
not
touch
at
St.
Michaels
:
The
Spanish
Ambassador
pretending
the
Goods
to
be
forfeit
to
the
King
of
Spain
,
sued
for
them
in
the
Admiralty
here
,
and
a
Sentence
was
there
for
the
King
of
Spain
to
have
the
Goods
.
Plage
sued
to
the
Lord
Chancellor
here
,
to
have
an
Appeal
from
that
Sentence
,
and
an
Appeal
was
granted
him
.
Sir
Thomas
Palmers
Case
.
1041.
Sir
Thomas
Palmer
who
was
attainted
of
Treason
in
the
time
of
Ed
▪
6.
for
natural
affection
7
Ed
▪
6
by
Indenture
covenanted
to
stand
seised
to
the
use
of
himself
for
Life
,
the
remainder
to
I.
S.
for
Life
,
the
remainder
to
the
first
Son
of
the
said
I.
S.
in
tail
,
the
remainder
to
his
eighth
Son
;
he
was
attainted
before
I.
S.
had
any
Son
:
It
was
Resolved
that
by
the
Attainder
the
Son
of
I.
S.
was
barred
which
was
afterwards
born
,
and
the
Fee-simple
was
in
the
Crown
discharged
of
all
the
Remainders
.
Jepps
and
Tunbridges
Case
.
1042.
The
Defendant
delivered
a
brief
of
the
cause
to
some
of
the
J●rors
impannelled
,
before
they
appeared
for
their
Instructions
:
This
was
adjudged
an
offence
,
for
which
he
was
Sentenced
in
the
Star-chamber
:
And
in
this
case
it
was
Resolved
,
that
the
Plaintiff
and
Defendant
himself
may
labor
the
Jurors
to
appear
,
but
a
stranger
cannot
so
do
.
2.
That
the
writing
of
a
Letter
,
or
a
request
by
word●
,
by
one
not
a
party
to
the
Suit
,
to
the
Jurors
to
appear
,
is
Maintenance
.
3.
It
is
not
lawful
for
the
party
himself
to
instruct
the
Jurors
,
either
by
writing
or
by
word
,
nor
to
promise
them
any
Reward
for
their
appearance
;
for
it
is
Embracery
in
them
,
aswell
as
in
a
stranger
.
Sis
Tho.
D●wbridgecourt
and
Sir
Anthony
Ashleys
Case
.
1043.
The
Defendant
was
decreed
●n
Chance●y
to
pay
1000
l.
to
the
Plaintiff
after
the
Decree
;
the
Defendant
procured
the
Son
of
Sir
Thomas
by
a
Letter
of
Attorney
which
he
had
from
his
Father
to
agree
only
the
Suit
for
200
l.
whereof
100
l.
was
paid
in
hand
,
and
the
rest
to
be
paid
at
a
day
certain
to
make
a
Release
,
which
the
Son
did
in
his
own
name
,
but
not
in
the
name
of
his
Father
.
It
was
the
opinion
of
the
Justices
and
also
of
the
Lord
Chancellor
,
that
this
Release
was
void
.
Crew
and
Vernons
Case
in
the
Star-chamber
.
1644
▪
Sir
Randolph
Crew
and
all
those
whose
Estate
&c.
he
had
in
the
Mannor
of
Crew
,
time
out
of
mind
,
&c.
had
had
Turf
to
born
in
the
House
of
Crew-hall
,
in
a
great
Waste
called
Okehanger
Moor
;
being
inter●upted
,
he
sued
in
the
Exchequer
at
Chester
,
whereupon
Affidavit
of
the
possession
60.
years
;
his
possession
was
established
.
After
the
hearing
of
the
Cause
there
,
Vernon
interrupted
the
servants
of
Crew
,
and
with
Harrows
tore
the
Turffs
,
for
which
cause
a
Bill
was
exhibited
in
the
Star-chamber
against
the
said
Vernon
and
others
;
they
put
in
a
scandalous
Answer
,
saying
that
the
Judge
at
Chester
,
ought
not
in
Justice
have
made
such
an
Order
,
and
called
the
Affidavit
an
equivocating
Affidavit
,
and
affirmed
the
owners
of
the
Mannor
of
Crew
had
taken
the
Turff
but
by
License
;
and
Vernon
affirmed
to
the
Court
that
he
had
a
Release
to
shew
for
the
discharging
of
the
Prescription
,
but
no
such
Prescription
could
be
shewed
,
nor
was
,
but
a
Grant
of
Turff
to
be
there
taken
:
In
this
case
it
was
Resolved
by
the
Court
,
the
Prescription
was
not
determined
by
the
new
Grant
,
but
the
Grant
enured
as
a
confirmation
,
and
so
the
title
of
Prescription
remained
.
2.
Resolved
that
the
words
spoken
of
the
Court
of
Chester
,
were
very
scandalous
,
and
the
Affidavit
which
he
called
an
equivocating
Affidavit
,
was
approved
by
the
whole
;
wherefore
the
Defendants
were
sentenced
and
fined
by
the
Court
,
and
the
defendants
were
to
acknowledge
their
offence
to
the
Court
of
Chester
.
Sir
Anthony
Barkers
Case
.
1046.
I.
S.
exhi●ited
a
Bill
in
the
Star
Chamber
against
Sir
Anthony
Barker
,
and
divers
other
Gentry
of
Credit
,
and
charged
the
Defendants
with
the
forging
of
the
Will
of
M.
P.
and
with
many
undue
practices
in
drawing
the
said
M.
P.
to
make
such
a
Will
.
At
the
hearing
of
the
Cause
,
the
Plaintiff
relinquished
the
Forgery
,
confessing
it
was
no
Forgery
,
but
would
have
insisted
upon
the
practices
of
the
Defendants
for
drawing
the
said
M.
P.
to
make
the
Will
;
The
Court
refused
to
permit
the
Plaintiff
to
insist
upon
the
practices
,
for
if
he
would
have
insisted
upon
the
practices
,
he
ought
to
have
confessed
the
Will
,
and
then
have
shewed
the
undue
practises
used
to
draw
her
to
make
such
Will.
Wherefore
the
Plaintiff
was
fined
200
l.
to
the
King
,
and
the
Court
gave
Damages
to
each
of
the
Defendants
,
and
the
reason
why
they
gave
damages
they
declared
to
be
,
because
the
Bill
being
scandalous
,
no
action
lay
for
the
Defendants
at
Law
,
because
the
Bill
was
prefered
before
competent
Judges
to
punish
the
Offences
if
there
had
been
any
,
and
therefore
it
was
reason
by
reason
of
such
defect
of
the
Common
Law
in
giving
damages
,
the
Court
having
Jurisdiction
of
the
Cause
,
supplied
the
said
defect
.
Goodricks
Case
.
1047.
Goodrick
at
a
Tavero
said
to
D.
being
a
Master
of
Arts
at
Cambridge
,
That
there
was
late
a
great
Contestation
befor
the
King
,
betwixt
the
Archbishop
of
Canterbury
and
the
Earl
of
Northampton
Lord
Privy
Seal
,
because
the
Archbishop
enformed
that
since
the
said
Lord
had
been
Warden
of
the
Cinque
Ports
,
there
were
more
Jesuites
and
Seminary
Priests
come
into
the
Realm
,
then
before
;
which
he
said
was
the
Newes
of
the
Court
.
Another
offence
was
,
That
Ingram
a
Merchant
had
heard
at
Ligorne
in
Florence
,
by
two
Students
out
of
the
Colledge
at
Rome
,
that
the
Earl
of
Northampton
writ
a
Letter
to
Cardinal
Bella●ine
,
to
pray
him
that
no
answer
should
be
made
to
his
book
,
which
he
had
Written
upon
the
Treason
of
Garnet
the
Jesuite
,
because
he
writ
it
only
ad
placandum
Regem
&
faciendum
populum
;
The
Defendants
were
found
Guilty
upon
their
Confessions
:
It
was
Resolved
by
the
Justices
,
it
was
a
slander
within
the
Statute
of
Z.
R.
2.
which
moved
sedition
betwixt
the
King
and
his
Nobles
,
and
that
although
the
publisher
did
produce
his
author
of
such
false
newes
,
yet
he
himself
was
punishable
;
and
if
one
saith
there
is
common
Rumor
that
such
a
one
hath
done
such
an
act
,
an
action
upon
the
Case
lyeth
,
although
he
doth
produce
his
Author
:
And
in
this
Case
it
was
agreed
,
that
if
one
sayes
to
another
the
effect
of
a
Libell
or
false
Rumor
,
although
he
produceth
his
Author
,
yet
he
is
fineable
.
Damu●'s
Case
.
1038.
The
Case
was
;
I.
S.
was
indebted
to
M.
1800
l.
upon
a
Statute
,
who
dyed
Intestare
:
A.
his
Wife
took
Administration
of
his
goods
:
and
married
B.
and
during
her
Coverture
made
her
Will
;
by
which
she
appoin●ed
to
her
Kindred
400
l.
in
Charitable
uses
.
Proviso
,
if
any
crosse
in
Law
,
or
losse
of
the
said
Debt
of
1000.
should
arise
,
it
should
fall
upon
the
last
900
l.
mentioned
befor
the
Proviso
,
of
which
900
l.
the
408
l.
the
Charitable
use
was
the
last
.
A.
dyed
.
Administration
de
bonis
non
,
&c.
of
M.
was
committed
to
D.
which
had
of
the
Debts
2000.
besides
the
1800
l.
upon
a
Commission
upon
the
Statute
of
43
Eliz.
of
Charitable
uses
,
against
D.
it
was
Decreed
for
the
Charitable
uses
,
to
which
Exceptions
was
taken
,
1.
That
A.
had
not
power
to
make
a
Will
of
this
Debt
.
2.
That
the
2000
l.
were
desperate
debts
.
3.
That
there
was
a
crosse
in
this
Debt
,
there
being
a
Suit
by
the
next
of
Kin
to
revoke
the
Administration
committed
to
D.
Vpon
the
exceptions
it
was
Decreed
in
Chancery
with
the
Assistance
of
the
Judges
▪
1.
That
though
the
Will
of
A.
was
void
in
Law
,
yet
it
would
serve
by
the
Statute
if
there
was
assers
of
that
estate
,
or
of
the
estate
of
A.
her self
to
support
the
Charitable
use
;
For
the
goods
in
the
hands
of
Administrators
are
all
to
Charitable
uses
,
and
it
is
the
Office
of
the
Administrator
so
to
imploy
them
,
and
the
Children
or
Kinred
have
no
property
in
them
,
but
under
the
Title
of
Charity
.
2.
Because
it
appeared
,
that
at
the
time
of
the
making
of
the
Decree
,
that
the
estate
would
bear
both
the
Legacies
and
the
Charitable
use
,
also
with
an
Overplus
,
and
if
any
of
the
debts
of
the
2000
l.
became
desperate
,
it
was
by
the
negligence
of
the
Administrators
and
should
not
retard
the
Charitable
use
.
The
King
and
Howards
Case
.
1049.
In
this
Case
,
these
points
were
Resolved
by
the
Justices
.
1.
A
man
makes
a
Feoffment
of
Lands
in
5.
Counties
with
a
Condition
of
Re-assurance
;
a
Re-assurance
is
made
of
Lands
in
5.
Counties
;
It
is
a
breach
of
the
Condition
but
only
for
the
Lands
in
one
County
,
and
a
good
performance
for
the
other
.
2.
Tenant
in
Tail
,
Remainder
in
Tail
,
Remainder
in
Fee
;
he
who
hath
the
Remainder
in
Fee
,
grants
it
to
the
first
Tenant
in
Tail
;
this
acceptance
of
the
Deed
,
is
an
Attornement
which
shall
bind
those
in
the
Remainder
.
●
.
If
an
Act
of
Parliament
be
certified
into
the
Chancery
,
no
averment
shall
be
against
it
,
that
it
was
not
an
act
of
Parliament
,
because
the
Commons
did
not
assent
to
it
,
but
with
a
Proviso
which
is
lost
;
but
if
it
appea●eth
in
the
body
of
the
Act
,
that
the
Commons
did
not
assent
,
the
Act
is
void
.
The
Case
of
the
Commissioners
of
Sewers
.
1050.
Upon
complaints
against
dive●s
ill
disposed
persons
,
of
Suits
and
vexations
by
them
against
the
Commissi●ners
of
Sewers
,
and
their
Officers
,
for
the
counties
of
Northamo●●●
,
Huntingdo●
,
Cambridge
and
Lincoln
:
It
was
holden
by
the
Lords
of
the
Council
,
the
Commissioners
of
Sewers
may
make
new
works
,
as
well
to
stop
the
fury
of
the
waters
,
as
to
repaire
the
old
,
when
necessity
requires
it
.
2.
That
for
the
safety
of
the
Country
,
they
may
lay
a
Tax
or
Rate
upon
any
Hundreds
,
Towns
,
or
Inhabita●ts
thereof
in
general
,
who
are
interessed
in
the
Benefit
or
Loss
,
without
attending
a
particular
Survey
or
Admeasurement
of
Acres
when
the
Service
is
to
have
a
speedy
and
suddain
execution
.
3.
That
they
have
sufficient
power
to
imprison
Refractory
and
Disob●dient
persons
to
their
Orders
,
Warrants
,
and
Decrees
:
and
that
Actions
of
Trespass
,
False
Imprisonment
,
&c.
brought
against
the
Commissioners
or
their
Officers
for
extremity
of
their
Order
or
Warranty
,
are
not
maintainable
,
nor
will
lie
.
Goodson
and
D●ff●●d●
Case
.
1051.
Error
of
a
Judgment
in
a
Court
of
Pipowders
in
Rochest●r
▪
The
case
was
;
A.
dwelling
in
the
Town
was
bound
to
pay
B.
150
l.
the
first
day
of
May
,
at
the
House
of
B.
in
Roch●ster
;
the
Bond
was
sued
there
24.
September
in
the
Court
of
Pipowders
;
the
Defendant
pleaded
payment
at
the
House
;
Issue
upon
it
;
It
was
found
for
the
Plaintiff
:
Error
brought
and
assigned
,
that
the
Prescription
was
alledged
to
hold
a
Court
of
Pipowders
before
the
May●r
and
two
Citizens
;
and
by
the
Plea
it
appeareth
it
was
holden
before
the
Deputy
of
the
Mayor
and
two
Citizens
.
The
Court
held
the
same
to
be
Error
.
2.
Error
;
The
Issue
was
misjoyned
;
for
the
payment
is
alledged
at
the
House
of
the
Plaintiff
in
Rochester
,
and
it
ought
to
have
been
pleaded
apud
Rochester
in
domo
mansionali
of
the
Plaintiff
.
This
the
Court
conceived
to
be
Error
,
and
the
Judgment
was
reversed
.
Billingsby
and
Hercys
Case
.
1052.
A
Demise
was
made
of
Lands
in
D.
for
years
;
by
the
word
▪
Demise
and
to
Farm
,
let
the
Mannor
,
and
also
all
Timber
,
Trees
growing
upon
the
same
,
with
an
exception
of
six
Oaks
,
during
the
Term
:
the
Term
was
assigned
to
a
Feme
Sole
,
who
took
Husband
,
the
Plaintiff
and
they
assigned
all
their
Interest
to
the
Defendant
,
reserving
the
Wood
and
Trees
;
the
Husband
died
,
his
Executors
cut
down
the
Trees
;
the
Wife
brought
Trespass
:
It
was
adjudged
the
Action
did
not
lie
,
because
no
propriety
in
the
Trees
passed
by
the
words
,
Demise
,
Grant
,
and
to
Farm
Let
,
though
there
was
Liberty
to
Fell
and
Sell.
Price
and
Almeries
Case
.
1053.
A
possessed
of
a
Term
for
Forty
years
,
devised
the
same
to
his
Wife
if
she
should
live
so
long
;
the
remainder
to
I.
his
Son
,
and
the
Heirs
of
his
Body
,
and
made
his
Wife
his
Executor
,
who
entred
and
claimed
the
Term
as
a
Legacy
;
the
Son
died
in
the
Life
of
the
Wife
;
the
Wife
died
:
the
Executor
of
the
Son
entred
:
Adjudged
his
Entry
was
not
lawful
,
because
the
Son
had
not
any
Interest
,
but
a
possibility
.
Edwards
and
Dentons
Case
.
1054.
A
man
seised
in
Fee
of
the
Mannor
of
D.
and
of
an
house
,
called
W.
in
D.
and
also
of
a
Lease
for
years
in
D.
by
Deed
did
grant
,
bargaine
,
and
sell
the
Mannor
of
D.
and
all
his
Lands
and
Tenements
in
●
.
to
I.
S.
and
his
Heirs
:
It
was
adjudged
that
the
Term
for
years
did
not
pass
,
for
the
intent
appears
that
nothing
shall
pass
,
but
that
which
the
Heir
might
take
,
for
that
the
Habendum
was
to
him
and
his
Heirs
.
Sir
William
Waller
and
Hangers
Case
.
1055.
The
case
was
;
King
Ed.
3.
reciting
that
he
had
of
every
10.
Tun
of
Wine
imported
,
a
tun
;
and
of
every
20.
Tun
,
two
Tuns
,
one
before
the
Mast
▪
and
another
behind
the
Mast
,
granted
to
the
citizens
ef
London
,
that
Nulla
prisagia
sint
soluta
de
vinibus
civium
&
liberorum
hominum
London
.
The
Husband
of
the
Defendant
a
Freeman
and
citizen
of
London
,
having
Wines
in
the
Port
,
and
others
upon
the
Sea
;
died
and
made
his
wife
his
Executrix
:
An
Information
was
against
her
for
not
paying
of
Prisage
;
she
pleaded
she
was
Libera
foemina
de
London
,
and
pleaded
the
Charte●
of
1
E.
3.
vide
the
Charter
at
large
put
in
this
case
in
Bu●strodes
Reports
.
It
was
after
many
lo●g
Arguments
adjudged
in
this
case
,
that
the
husband
of
the
Defendant
,
was
a
compleat
citizen
in
every
respect
,
and
that
those
Wines
remaining
in
the
hands
of
his
wife
,
were
bona
civium
,
and
so
within
the
discharge
to
be
freed
from
the
payment
of
Prisage
.
Wheeler
and
Heydon
Case
.
1056.
Debt
upon
the
Statute
of
2
E.
6.
for
not
setting
forth
of
Tythes
,
and
declared
that
I.
S.
was
Parson
of
S.
and
let
him
the
Rectory
for
six
years
,
if
he
so
long
lived
and
continued
Parson
there
:
It
was
found
that
the
Parson
made
the
Lease
for
six
years
,
and
the
words
,
if
he
continued
Parson
there
,
were
omitted
in
the
Lease
.
It
was
the
opinion
of
the
Justices
,
that
this
variance
betwixt
the
Lease
and
the
Declaration
,
and
the
Lease
found
,
is
all
one
in
substance
,
and
the
addition
in
the
Declaration
,
is
no
more
then
what
the
Law
tacite
implies
.
Heydon
,
Shepherd
,
and
others
Case
.
1057.
Error
in
Parliament
:
the
case
was
;
In
Assize
brought
against
the
Defendant
,
Judgment
was
given
for
the
Plaintiff
;
he
brought
Error
in
the
Kings
Bench
,
and
there
the
Judgment
was
affirmed
,
and
upon
that
Judgment
he
brought
Error
in
Parliament
.
It
was
Resolved
that
a
Writ
of
Error
did
not
lie
in
Parliament
to
reverse
a
Judgment
given
in
the
Kings
Bench
,
in
Error
brought
there
,
for
that
there
is
a
double
Judgement
;
and
the
reversal
of
a
Judgment
in
a
Writ
of
Error
given
,
shall
not
reverse
the
first
Judgment
,
but
that
execution
shall
issue
upon
the
first
Judgment
in
the
Assize
.
The
Case
of
the
Sheriffs
of
Bristol
.
1058.
The
Commissioners
upon
the
Statute
of
Bankrupts
,
committed
a
Bankrupt
to
their
custody
for
refusing
to
be
examined
upon
Interrogatories
,
and
they
let
him
escape
;
whereupon
Action
upon
the
case
was
brought
against
them
.
It
was
objected
the
Action
did
not
lie
,
because
he
was
not
committed
till
satisfaction
of
the
Debt
:
But
Resolved
the
Action
did
well
lie
,
the
commitment
being
only
for
refusing
to
be
examined
upon
Interrogatories
,
although
it
doth
not
appear
what
the
Interrogatories
were
,
so
as
the
Court
might
judge
whether
they
were
lawful
or
not
,
for
they
shall
be
intended
lawfull
till
the
contrary
be
shewed
.
Hill
and
Hawkes
Case
.
1059.
Trover
and
Conversion
of
four
Bushels
of
Wheat
;
The
Defendant
justified
that
the
Bayliffs
of
L.
time
out
of
mind
,
had
used
to
choose
one
to
be
Bell-man
,
for
keeping
the
Market-place
clean
,
and
the
Bell-man
and
his
Predecessors
had
used
time
out
of
mind
,
&c.
to
take
out
of
every
Sack
of
Corn
which
contained
more
then
a
Bushel
,
a
Quart
for
the
Toll
of
the
corn
brought
in
Sacks
to
the
Market
to
be
sold
,
and
that
he
was
chosen
Bell-man
by
the
Bayliffs
,
and
that
the
Plaintiff
brought
a
Sack
of
corn
,
containing
four
Bushels
to
be
sold
,
and
he
took
a
Quart
for
Toll
:
It
was
adjudged
a
good
custom
,
although
the
corn
was
not
sold
,
but
only
brought
there
to
be
sold
;
but
without
a
special
custome
,
Toll
shall
not
be
paid
of
Corn
brought
to
sell
,
if
it
be
not
sold
.
1060.
Debt
upon
an
Obligation
;
The
Defendant
pleaded
non
est
factum
;
it
was
so
that
the
Bond
was
sealed
and
delivered
by
the
Defendant
;
but
that
afterwards
,
viz.
Vicecomiti
Comitatus
Oxon
,
without
the
privity
of
the
Plaintiff
were
interlined
in
a
place
not
material
;
wherefore
adjudged
it
was
a
good
Bond
;
but
if
it
had
bin
in
a
place
material
,
or
with
the
privity
of
the
Plaintiff
the
Obligor
,
the
Bond
had
bin
void
.
Poole
and
Godfreys
Case
.
1061.
Action
upon
the
case
against
the
Defendant
,
a
Sommoner
in
the
Spiritual
Court
,
and
having
a
Citation
against
the
Plaintiff
,
he
retorned
that
he
had
summoned
the
Plaintiff
,
whereas
in
truth
he
never
summoned
him
,
for
which
the
Plaintiff
was
excommunicated
to
his
great
damage
.
It
was
adjudged
that
the
Action
did
lie
.
Mansfields
Case
.
1062.
Information
against
him
,
because
he
being
a
Recusant
convict
,
went
five
miles
from
the
place
of
his
confinement
;
he
pleaded
a
License
of
four
Justices
of
the
Peace
;
but
because
he
did
not
show
that
he
did
take
the
Oath
of
Allegiance
before
the
License
,
nor
that
the
License
was
granted
by
the
privity
of
the
Bishop
or
the
Lieutenant
,
the
Plea
was
disallowed
.
Jesson
and
Bruns
Case
:
1063.
Debt
in
Yarmouth
,
there
the
Bail
was
taken
;
The
Cause
was
removed
in
B.
R.
and
there
new
Bail
found
,
and
the
same
Term
a
Procedendo
was
awarded
.
Adjudged
the
first
Bail
should
stand
;
and
was
not
discharged
by
removing
of
the
Record
;
but
otherwise
,
if
the
Procedendo
had
been
awarded
in
another
Term.
Wrights
Case
.
1064.
It
was
Resolved
in
this
Case
,
That
if
any
English
Court
holds
Plea
of
a
thing
whereof
Judgment
is
given
at
the
common
Law
,
a
Prohibition
lies
upon
the
Statute
of
27
E.
3.
cap.
1
and
4
H.
4.
cap.
23.
And
therefore
whereas
the
Plaintiff
brought
Trespass
in
B.
R.
and
Judgment
was
against
him
,
and
after
he
exhibited
a
Bill
in
the
Court
of
Dutchy
for
the
same
matter
,
a
Prohibition
was
awarded
.
Worrali
and
Harpers
Case
.
1065.
A
seised
in
Fee
of
the
Mannors
of
G
and
N.
both
holden
in
capite
,
covenanted
to
stand
seised
of
G.
to
the
use
of
himself
and
his
wife
,
and
the
Heirs
Males
of
their
two
bodies
,
the
Remainder
over
in
tail
;
and
of
N.
to
the
use
of
himself
and
his
wife
for
their
Lives
,
the
remainder
to
the
Heirs
of
his
own
body
.
Afterwards
he
purchased
Soccage
Lands
,
and
devised
that
they
should
be
sold
by
his
Executors
,
who
sold
them
to
the
Plaintiff
.
It
was
Resolved
that
the
Devise
was
good
for
two
parts
of
the
Soccage
Lands
only
,
and
not
void
for
the
whole
Soccage
Lands
;
for
they
held
that
the
Reversion
expectant
upon
the
Estate
tail
of
the
Land
holden
in
capite
,
was
a
good
Impediment
to
devise
more
then
two
parts
of
the
Soccage
Lands
.
Glanviles
Case
.
1066.
The
case
was
:
A
Jewel
of
Gold
with
a
Diamond
was
sold
by
Glanvile
to
Courtney
:
It
was
affirmed
by
Glanvil
to
be
a
good
Diamond
,
whereas
it
was
but
a
Topaz
,
so
as
Courtney
was
deceived
;
for
the
Jewel
was
sold
to
him
for
300
l
whereas
in
truth
it
was
not
worth
30
l.
Glanvil
got
a
Judgment
in
the
Kings
Bench
against
Courtney
for
800
l.
upon
non
suum
informatus
by
assent
of
the
parties
,
Upon
a
Bill
preferred
in
Chancery
,
and
upon
examination
of
the
cause
it
was
decreed
,
that
Glanvil
should
take
back
the
Jewel
,
and
should
have
a
100
l.
and
should
acknowledge
satisfaction
of
the
Judgment
,
which
he
refused
to
do
,
and
for
breach
of
this
Decree
,
he
was
committed
,
and
upon
an
Habtas
corpus
brought
in
B.
R.
he
was
discharged
;
and
it
was
said
a
Suit
in
Chancery
after
a
Judgment
at
the
common
Law
,
and
to
be
reversed
,
was
not
good
by
the
Statute
of
27
Ed.
3.
and
the
Statute
of
4
H.
4.
and
divers
Presidents
cited
to
that
purpose
.
Apsleys
Case
.
1067.
He
was
brought
by
a
Habe
as
corpus
to
the
Bar
:
It
was
returned
that
he
was
committed
by
the
Court
of
Chancery
for
a
contempt
to
the
Court
:
Resolved
he
should
be
discharged
;
vide
9
Eliz.
Astwicks
case
accordingly
;
vide
13
Jac.
Allen
and
Woods
case
;
Allen
was
committed
to
the
Fleet
by
the
Lord
Chancellor
for
a
contempt
in
not
performing
of
a
Decree
,
and
upon
that
Retorn
the
Court
refused
to
deliver
him
.
Deytons
Case
.
1068.
He
was
committed
to
the
Fleet
by
the
High
Commissioners
for
not
performing
of
the
Orders
in
the
Common
Prayer
,
and
for
refusing
to
answer
to
Articles
exhibited
by
the
Commissioners
,
unless
he
might
have
a
copy
of
the
Articles
:
Resolved
he
should
be
delivered
,
because
the
Statute
upon
which
he
was
sued
in
that
Court
,
is
penal
,
and
also
because
perhapps
the
High
Commissioners
had
not
jurisdiction
of
the
cause
.
Brokes
Case
.
1069.
He
was
committed
by
the
High
Commissioners
to
the
Fleet
,
because
he
refused
Alimony
to
his
wife
,
and
that
being
returned
upon
an
Habeas
corpus
,
he
was
delivered
.
Isaack
and
Clerks
Case
.
1070.
Action
de
Trover
and
Conversion
:
The
case
was
;
A
recovery
was
against
A.
in
the
Court
of
E.
and
a
Precept
in
the
nature
of
a
Fieri
fac
.
directed
to
the
Defendant
,
Bayliff
of
the
Court
,
who
took
three
Butts
of
Sack
in
Execution
.
The
Plaintiff
came
to
the
Defendant
and
delivered
him
22
l.
in
a
bag
,
as
a
pledge
that
the
three
Butts
should
be
delivered
to
the
Defendant
the
next
Court
day
there
upon
Request
;
if
the
Plaintiff
who
recovered
should
not
in
the
mean
time
be
satisfied
at
the
next
Court
;
the
Butts
were
not
redelivered
,
nor
the
first
Plaintiff
satisfied
,
nor
any
Report
made
:
It
was
Resolved
that
there
was
no
Conversion
in
this
case
;
for
although
prima
facie
,
Denyer
is
a
conversion
of
money
,
yet
when
the
mony
is
delivered
as
a
Pledge
,
it
is
a
special
bailment
,
and
Denyer
in
such
case
is
no
conversion
.
2.
That
the
Plaintiff
had
no
cause
of
Action
,
because
the
three
Butts
being
not
Re-delivered
,
the
Defendant
might
detain
the
22
l.
and
the
Bag
for
ever
.
3.
There
needs
no
request
in
this
case
,
because
the
Plaintiff
at
his
peril
,
is
to
cause
them
to
be
delivered
,
before
he
is
enabled
to
have
his
mony
again
.
It
was
adjudged
for
the
Defendant
.
Ford
and
Hoskins
Case
.
1071.
Action
upon
the
case
;
that
the
custom
of
the
Mannor
of
B.
was
that
every
Copyholder
might
name
who
should
have
his
Copyhold
,
and
that
the
Lord
ought
to
admit
the
Copyholder
so
named
after
the
death
of
the
Nominator
;
which
the
Lord
refused
to
do
.
It
was
Resolved
the
action
did
not
lie
,
for
that
the
Nominatee
hath
no
right
at
all
,
the
Interest
being
in
the
Lord
,
and
the
Nominatee
hath
neither
jus
ad
rem
,
nec
in
re
,
and
he
shall
not
draw
an
Interest
to
himself
from
the
Lord
against
his
Will
;
and
if
one
hath
the
Nomination
,
and
another
hath
the
Presentation
to
a
Benefice
;
if
he
who
hath
the
Presentation
,
will
not
present
,
an
Action
upon
the
case
will
not
lie
against
him
.
Brownlo
,
Cop
,
and
Mitchells
Case
.
1072.
Assise
against
the
Defendant
for
a
Disseisin
made
to
the
Plaintiff
of
the
profits
of
the
Office
of
making
Supersedeas
:
The
King
directed
his
Writ
to
the
Justices
,
reciting
that
he
by
his
Letters
Patent
,
had
granted
the
making
of
Supersedeas
to
the
Defendant
,
and
required
the
Justices
not
to
proceed
Rege
inconsulto
:
It
was
argued
that
the
Writ
did
not
lie
,
because
the
King
had
not
any
title
to
the
thing
in
demand
,
nor
could
any
prejudice
come
to
the
King
:
On
the
other
side
it
was
said
,
That
in
common
Right
,
it
belonged
to
the
King
to
make
Grants
of
Offices
Ministerial
and
Judicial
,
unless
another
made
Title
to
the
same
by
Charter
or
Prescription
;
and
if
the
Plaintiff
had
title
to
the
Office
or
not
,
it
is
matter
of
Title
for
which
the
King
is
to
have
search
in
Chancery
;
and
if
nothing
be
found
for
the
King
against
the
Prescription
made
by
the
Plaintiff
,
then
a
Procedendo
shall
issue
out
of
the
Chancery
;
otherwise
if
title
be
found
for
the
Patentee
against
the
Prescription
.
Afterwards
the
Supersedeas
was
allowed
by
the
Court
,
and
afterwards
the
matter
was
ended
by
composition
.
Keckwichs
Case
.
1073.
It
was
holden
by
the
Justices
,
If
an
Infant
brings
Error
to
reverse
a
Fine
levyed
by
him
,
and
he
is
inspected
,
and
witnesses
produced
to
prove
his
Infancy
,
though
he
dieth
after
before
his
full
Age
,
his
Heir
may
reverse
the
Fine
.
Gold
and
Deaths
Case
.
1074.
Debt
upon
an
Obligation
;
the
Condition
was
,
That
if
the
Apprentice
shall
lose
and
embessel
any
of
the
Goods
of
his
Master
,
and
the
Master
prove
the
same
to
be
true
by
confession
,
or
other
then
if
the
Obligor
pay
all
Sums
as
the
loss
shall
amount
unto
,
the
Obligation
to
be
void
:
In
the
case
the
Master
brought
in
the
confession
of
the
Apprentice
himself
,
under
his
Hand
and
Seal
.
It
was
adjudged
,
that
it
was
a
good
and
sufficient
proof
,
and
it
was
holden
the
proof
might
be
in
the
Action
brought
.
Phelps
and
Winscombs
Case
.
1075.
In
False
Imprisonment
;
The
Question
was
,
whether
a
Constable
may
make
a
Deputy
to
arrest
one
by
a
Warrant
to
him
directed
by
a
Justice
of
Peace
,
the
constable
himself
being
sick
;
and
whether
upon
the
Defendants
pleading
in
such
case
of
the
Statute
of
7
Jac.
cap.
5.
he
shall
have
double
costs
.
It
was
Resolved
he
may
make
a
Deputy
,
and
a
Deputy
is
within
the
meaning
of
the
Statute
,
for
he
is
a
Constable
pro
tempore
.
Smith
and
Bulls
Case
.
1076.
In
Assault
and
Battery
;
The
Defendant
justified
that
the
Plaintiff
entred
his
Close
,
and
that
he
molliter
imposuit
manus
upon
him
:
It
was
said
he
ought
to
shew
what
estate
he
had
in
the
Close
,
and
that
the
Plaintiff
came
there
to
eject
or
disseise
him
,
otherwise
the
Justification
is
not
good
.
1077.
Tenant
in
Tail
made
a
Feoffment
in
Fee
to
the
use
of
himself
and
his
Heirs
,
and
afterwards
made
a
Lease
for
years
rendring
rent
and
died
,
and
the
Issue
accepted
the
Rent
:
It
was
adjudged
that
the
acceptance
of
the
Rent
,
did
not
continue
the
Lease
,
because
the
Issue
was
remitted
to
the
Tail
by
discent
.
Roe
and
Woods
Case
.
1078.
It
was
holden
by
the
Court
,
that
whereas
the
name
of
the
Sheriff
was
not
endorsed
upon
the
tales
de
circumstanubus
,
that
was
no
cause
to
stay
Judgment
,
because
the
Statute
which
gives
tales
,
doth
not
provide
for
such
Retorn
,
and
also
because
it
is
done
in
the
face
and
view
of
the
Court
,
and
of
the
Judges
,
and
therefore
not
to
be
doubted
,
but
the
Sheriff
made
the
Return
.
Luke
and
Clerks
Case
.
1079.
If
the
Defendant
challenge
the
Array
for
Consanguinity
of
the
Sheriff
which
is
found
against
him
,
and
after
he
challenge
the
Poles
:
Resolved
he
must
shew
cause
of
challenge
,
of
every
one
of
them
presently
.
Blandford
and
Blandford
.
Case
.
1080.
The
Grandfather
possessed
of
a
Term
for
years
,
devised
the
same
to
his
Wife
for
Life
,
the
Remainder
to
his
Son
T.
and
L.
his
wife
,
if
they
have
Issue
male
;
and
if
it
shall
please
God
to
send
them
Issue
Male
,
then
it
to
be
reserved
and
put
out
for
the
benefit
of
such
Sons
or
one
of
them
,
and
died
.
The
wife
entred
as
Legatee
,
and
died
,
and
after
T.
and
L.
had
Issue
Male.
It
was
Resolved
that
the
Issue
Male
should
have
the
Term
,
and
was
not
restrained
to
any
Term
,
to
be
born
in
the
Life
of
the
wife
;
and
it
is
a
good
Devise
to
the
Issue
Male
,
though
the
Term
be
not
expresly
devised
to
the
Issue
Male.
Curtyes
Case
.
1081.
Assault
and
Battery
by
husband
and
wife
,
against
the
Defendant
a
Constable
,
and
two
others
;
The
Defendant
justified
that
the
wife
was
presented
in
the
Leet
to
be
a
common
Scold
,
and
he
Steward
made
a
Warrant
to
the
Constable
to
punish
her
according
to
Law
,
and
the
Defendants
went
to
the
Plaintiffs
house
to
execute
the
Warrant
,
and
the
wife
assaulted
the
Constable
,
wherefore
he
commanded
the
other
Defendants
to
lay
hands
upon
her
,
which
they
molliter
did
:
It
was
holden
by
the
Justices
to
be
a
good
justification
,
although
they
neither
shew
the
day
when
the
Leet
was
holden
,
nor
that
the
Plaintiffs
house
was
within
the
Jurisdiction
of
the
Leet
,
nor
shewed
the
Warrant
of
the
Stewards
,
for
that
these
were
all
but
Inducements
to
the
Justification
.
Herbert
and
Binghams
Case
.
1082.
Error
to
reverse
a
Fine
,
because
the
Writ
of
Covenant
bare
teste
after
the
Dedimus
potestatem
;
the
Defendant
pleaded
the
Land
descended
to
him
within
age
,
and
prayed
his
age
.
I●
was
Resolved
by
the
whole
Court
,
he
should
have
his
age
,
because
he
was
Terre-tenant
,
otherwise
he
should
not
have
his
age
in
Error
.
Harvyes
Case
.
1083.
In
Dower
Judgment
was
given
by
default
;
Error
assigned
,
that
the
Tenant
was
within
age
▪
Adjudged
no
Error
,
for
age
is
not
grantable
in
savorem
dotis
.
1084.
A
Justice
of
Peace
recorded
a
Force
,
but
did
not
Fine
or
commit
the
Offenders
.
It
was
adjudged
that
in
such
case
the
Record
of
the
Force
was
void
,
and
the
Offenders
upan
that
Record
,
cannot
be
afterwards
Fined
nor
Imprisoned
.
Moody
and
Garnons
Case
.
1085.
A
man
made
a
Lease
for
years
of
Land
,
part
Fee-simple
,
and
part
in
Lease
for
years
rendring
Rent
,
and
if
it
was
behind
40.
days
,
it
should
be
lawful
to
restrain
,
and
if
there
should
not
be
sufficient
,
then
to
reenter
.
Resolved
it
was
not
any
condition
because
restraint
is
not
limited
to
any
thing
which
should
be
restrained
as
in
Land
or
chattel
,
and
it
shall
not
be
taken
to
distrain
,
and
also
because
no
person
is
expressed
who
should
reenter
.
Caries
and
Franklyns
Case
.
1086.
A
seised
in
Fee
made
a
Feoffment
to
I.
S.
Habendum
to
him
and
the
Heirs
of
his
body
,
to
the
use
of
him
,
his
Heirs
and
Assigns
.
It
was
adjudged
he
was
Tenant
in
tail
,
because
the
use
to
him
,
his
Heirs
and
Assignes
,
shall
be
intended
such
Heirs
,
which
he
had
limited
before
,
which
are
Heirs
of
his
Body
.
Buckham
and
Dendriges
Case
.
1087.
Debt
upon
Obligation
;
The
Defendant
pleaded
to
the
Jurisdiction
,
that
he
was
a
Tinner
,
and
pleaded
the
Grant
of
King
Edward
the
First
,
that
the
Tinners
of
Cornwall
should
be
sued
for
contracts
rising
within
the
Liberty
of
the
Stanneries
,
and
not
elsewhere
,
and
the
contract
upon
which
the
Debt
was
brought
,
did
arise
within
the
Liberties
,
&c.
It
was
Resolved
a
good
Plea
,
but
then
he
must
show
the
Patent
or
Charter
.
Barrey
and
Perins
Case
.
1088.
Debt
upon
Obligation
:
The
condition
was
if
the
Obligor
stands
to
the
Arbitrament
of
four
men
,
so
as
the
same
be
made
by
four
or
three
of
them
,
&c.
then
the
Obligation
to
be
void
;
the
Arbitrament
was
made
by
three
.
It
was
Resolved
the
Arbitrament
was
good
,
for
upon
consideration
of
all
parts
of
the
Submission
,
the
intent
appears
that
four
or
three
might
make
the
Arbitrament
,
and
Arbitraments
shall
be
taken
by
Equity
,
so
as
all
parts
may
stand
.
Mary
Powel
and
Hermans
Case
1089.
A
sentence
was
in
the
Ecclesiastical
Court
that
upon
a
Contract
,
the
Defendant
should
Marry
the
Plantiff
;
he
did
not
do
it
,
for
which
cause
he
was
Excommunicated
.
The
Defendant
Appealed
to
the
Delegaties
,
which
was
remised
to
the
first
Court
who
sentenced
him
againe
,
and
there
also
he
was
excommunicated
for
not
performance
of
the
Sentence
.
He
Appealed
to
the
Audience
and
then
had
absolution
.
He
was
taken
by
a
Capias
Excom
.
upon
the
first
excommunication
,
upon
an
Habeas
Corpus
.
It
was
Resolved
,
that
the
absolution
for
the
Latter
had
not
purged
the
first
Excommunication
,
quia
Ecclesia
decepta
fuit
.
2.
That
the
Appeal
did
not
suspend
the
Excommunication
,
although
it
might
suspend
the
Sentence
.
Don
Diego
Serviente
de
Acune
and
Giffords
Case
.
1090.
The
Plantiff
Embassador
for
his
Master
the
King
of
Spaine
,
recovered
in
an
Action
upon
the
Case
;
the
Defendant
brought
Error
,
and
removed
the
Record
;
and
then
upon
the
second
Scire
fac
.
the
Bail
brought
in
the
body
of
the
Defendant
.
Resolved
1.
That
the
removing
of
the
Record
,
did
not
so
stop
the
Court
,
that
they
could
not
accept
of
the
body
of
the
Defendant
in
Execution
.
2.
Resolved
that
the
body
might
be
accepted
only
upon
the
first
Scire
fac
.
and
not
upon
the
second
.
Roe
and
Ledshams
Case
.
1091.
In
False
imprisonment
in
the
Stannary
Court
,
The
Defendant
said
the
imprisonment
was
at
Totnes
out
of
the
Jurisdiction
.
Issue
being
upon
it
,
the
Vi●ne
was
from
Totnes
,
and
not
de
Corpore
Comitatus
,
and
adjudged
good
,
upon
Error
brought
.
Moyslyn
and
Pierces
Case
.
1092.
The
Plantiff
recovered
200l
.
dammage
against
the
Defendant
in
B.
R.
in
Assault
and
Battery
;
and
had
the
body
of
the
Defendant
in
Execution
.
The
Defendant
brough
Audita
Querela
in
Chancery
that
the
principal
had
paid
the
money
,
and
thereupon
had
upon
Sureties
,
found
a
supersedeas
to
the
Sheriff
,
commanding
him
to
discharge
the
Plantiff
out
of
Execution
,
but
the
Sheriff
did
not
obey
it
.
He
brought
Habeas
Corpus
in
B.
R.
and
had
another
Audita
Querela
,
and
prayed
he
might
be
bayled
,
but
'
the
court
would
not
grant
it
,
without
Affidavit
of
payment
of
the
money
.
Coke
Chief
Justice
said
,
upon
a
Judgement
in
another
Court
Audita
Querela
did
not
lie
in
Chancery
.
Eliz.
Wilmots
Case
.
1093.
She
brought
Trespasse
by
the
name
of
a
Widdow
,
the
Defendant
said
she
was
a
Feme
Covert
,
viz.
the
Wife
of
I.
Wilmot
who
was
living
at
Lisborn
in
Pertugall
.
The
Plea
was
disallowed
by
the
Court
,
for
impossibility
of
Tryall
.
Simonds
Case
.
1094.
Trespase
for
Batterie
,
and
entring
his
Close
in
B.
The
defendant
justified
the
entry
,
because
it
was
a
Copyhold
within
the
Mannor
of
W.
in
W.
and
to
the
Battery
pleaded
Not
guilty
;
upon
which
the
Issue
was
joyned
.
The
visne
was
de
B.
&
de
Manerie
de
W.
in
W.
It
was
Objected
,
it
ought
to
have
been
of
B.
only
where
the
Batterie
was
;
also
de
Manerio
de
W.
in
W.
is
double
and
uncertain
.
But
the
Court
held
the
visne
good
because
the
Custom
might
come
in
Question
:
2.
because
the
adjunction
de
in
W.
the
Town
is
not
but
to
make
a
certainty
of
the
Mannor
,
for
there
may
be
two
and
Mannors
in
W.
one
within
it
,
and
another
wwithout
it
.
Harison
and
Haxeys
Case
.
1095.
The
defendant
was
Bail
for
B.
in
an
Action
brought
by
I.
S.
against
him
who
recovered
and
had
Judgement
,
B.
brought
Error
pendant
the
suit
.
I.
S.
dyed
,
the
Debt
not
paid
,
his
Administrator
brought
a
Scire
sac
.
against
the
Bail
,
who
pleaded
the
release
after
the
Error
brought
both
to
him
and
the
principal
,
B.
of
all
Executions
and
Deeds
.
It
was
adjudged
a
good
barre
,
because
the
duty
and
debt
remained
notwithstanding
the
Error
brought
.
May
and
the
Sheriffs
of
Londons
Case
.
1096.
Action
upon
the
Case
against
the
defendant
for
suffering
one
whom
they
had
arrested
upon
a
Bill
of
Middlesex
to
escape
:
The
defendant
said
that
the
Prisoner
was
rescued
from
them
,
and
adjudged
no
Plea
,
and
so
it
was
said
it
was
adjudged
,
Pasc
.
43.
Eliz.
in
Wal●o
Lamberts
Case
,
which
vide
Cro.
3.
part.
867.
White
and
Halls
Case
.
1097.
The
Guardian
recovered
in
Debt
upon
an
Obligation
made
to
an
infant
,
the
Defendant
payd
the
principal
and
costs
;
and
prayed
the
Guardian
might
acknowledg
satisfacia
Curia
,
they
can
acknowledg
satisfaction
,
for
so
much
as
he
returned
,
and
for
so
much
they
ordered
him
to
acknowledge
satisfaction
,
and
that
no
execution
should
issue
for
the
rest
.
1098.
A
man
devised
Lands
in
London
,
to
his
Son
and
heirs
,
after
the
death
of
his
Wife
,
and
if
his
Daughters
overlived
his
Wife
,
Son
and
his
heirs
they
should
have
it
for
his
life
,
and
after
their
deaths
I.
S.
should
have
it
paying
6.
l.
yearly
to
the
Company
of
Merchant
Taylors
London
,
to
be
bestowed
in
Charitable
uses
.
Resolved
that
the
Wife
hadan
estate
but
for
life
by
Implication
;
2
That
the
Son
had
Tail
by
Implication
,
and
not
Fee-simple
;
for
as
long
as
the
Daughters
lived
,
the
Son
could
not
die
without
heirs
collaterall
.
3.
That
the
estate
to
I.
S.
after
the
death
of
the
Daughters
Was
a
Fee
simple
by
reason
of
the
annual
payment
of
the
money
.
And
in
this
case
it
was
said
that
a
Devise
to
A.
and
his
successors
was
a
Devise
in
Fee-simple
.
Austin
and
Monks
Case
.
1099.
Scire
fac
.
Against
the
Bail
upon
the
Statute
3.
Jac.
c.
8.
the
Defendant
pleaded
that
after
the
Writ
of
Error
allowed
,
and
before
any
default
,
the
principal
rendred
his
Body
in
Execution
;
adjudged
a
good
barre
,
for
notwithstanding
the
Writ
of
Error
may
render
his
body
,
and
so
excuse
his
Bail
.
The
Sheriffs
of
London
and
Michells
Case
.
1100
Debt
for
12.
l.
for
their
Fees
upon
the
Statute
of
28
Eliz.
cap.
4.
for
doing
Execution
;
The
Statute
is
they
shall
not
receive
ultra
such
a
sum
The
Court
said
that
implies
that
they
may
take
so
much
as
is
not
prohibited
;
and
although
the
Statue
doth
not
give
an
Action
for
it
,
yet
because
it
is
a
duty
,
an
Action
is
given
them
by
Law
.
Linghill
and
Broughton
Case
.
1101.
Action
upon
the
Case
against
an
Administrator
,
that
the
intestate
was
endebted
to
the
Plantiff
100l
.
and
the
Defendant
his
Administrator
affirmed
that
if
the
Plantiff
would
forbear
him
per
rationabile
Temous
,
he
would
pay
him
,
and
alledged
he
forbore
him
8.
years
:
Verdict
for
the
Plantiff
;
It
was
said
in
stay
of
Judgement
the
Declaration
was
not
good
,
because
not
shewed
how
the
Testator
was
Indebted
.
Resolved
that
he
need
not
do
because
the
promise
of
the
Administrator
is
a
sufficient
acknowledgment
of
the
debt
.
2.
That
the
forbearance
per
rationabil
Tempus
uncertaine
,
and
adjudged
the
forbearance
per
paululum
temporis
was
not
good
:
The
Court
said
,
they
might
Judge
of
the
reasonablenesse
of
the
time
,
not
of
the
meaning
of
paululum
temporis
,
and
8.
years
is
a
reasonable
time
of
forbearance
;
it
was
adjudged
for
the
Plantiff
.
Babington
and
Lamberts
Case
.
1102.
Assumpsit
:
In
consideration
the
defendant
had
received
24l
.
of
divers
persons
for
the
Plantiffs
use
,
he
promised
to
pay
it
such
a
day
;
it
was
said
the
Declaration
was
not
good
because
not
expressed
of
what
persons
he
received
the
money
;
but
it
was
adjudged
good
because
a
consideration
executed
,
and
so
not
traversable
.
Calimore
and
Jensons
Case
.
1103.
Assumpsit
:
In
consideration
that
the
Defendant
upon
an
Insimul
Computaverunt
,
the
Defendant
was
found
endebted
to
the
Plaintiff
judged
a
good
Consideration
.
Philpot
and
Ballards
Case
.
1104.
Resolved
in
this
Case
,
that
if
a
Judgement
be
given
against
the
Plaintiff
and
others
in
an
inferior
Court
,
as
a
Hundred
Court
;
one
of
them
onely
if
he
be
sole
Tennant
and
hath
the
Damage
,
may
have
a
false
judgment
and
restitution
;
and
it
was
holden
that
althoughthe
Judgement
was
given
upon
a
customary
claim
,
and
not
upon
any
matter
at
Common
Law
,
yet
false
Judgement
did
lye
.
Eman
and
Mouldsworths
Case
.
1105.
A
Prohibition
was
granted
in
C.
B.
because
the
Plantiff
sued
for
defamation
in
the
spiritual
Court
,
because
the
defendant
had
reported
that
he
was
incontinent
.
It
was
said
although
the
Plantiff
alledged
a
general
pardon
,
yet
this
being
a
private
Case
,
the
pardon
did
not
discharge
it
.
Pease
and
Meades
Case
.
1106.
Condition
of
a
Bond
was
,
that
the
Obligator
should
pay
such
a
summe
to
such
a
person
,
at
such
a
place
and
day
as
the
Obliger
should
name
by
his
Last
Will
in
Wi●ting
;
he
names
none
but
makes
the
Plaintiff
his
Executor
and
dyed
.
It
was
adjudged
the
Excecutor
was
not
an
assignee
,
and
so
the
Obligation
by
the
Omission
of
the
Obliger
is
discharged
.
Yardly
and
Elices
Case
.
1107.
Woords
spoken
of
an
Atturney
to
his
Clyent
,
viz.
Your
Atturney
is
a
bribing
Knave
,
and
hath
taken
20l.
of
you
for
a
bribe
to
cozen
me
.
Adjudged
the
Action
did
lye
for
the
words
.
Fryer
and
Gildrings
Case
.
1108.
Two
men
were
bound
to
a
third
person
joyntly
and
severally
;
the
Obligee
made
the
Wife
of
the
Obligor
his
Excecutrix
who
Administred
,
then
the
Husband
of
the
Obligor
made
her
his
Executrix
and
dyed
,
having
assets
to
pay
the
debts
,
then
she
dyed
,
and
the
Plaintiff
took
Letters
of
Administration
of
the
goods
of
the
Obligee
not
Administred
,
and
brought
debt
against
the
Defendant
being
the
surviving
of
the
Obligor
.
It
was
adjudged
that
the
Action
would
not
lie
,
for
the
making
of
the
Wife
of
one
of
the
Obligors
Executrix
was
a
suspension
of
the
Action
,
and
a
personall
Action
once
suspended
by
the
Act
of
the
party
as
it
is
here
,
it
shall
be
extinct
for
ever
.
Quaere
.
Norton
and
Syms
Case
.
1109.
Debt
upon
Obligation
for
performance
of
Covenants
,
the
Defendant
being
under-Sheriff
to
the
Plaintiff
Covenanted
;
That
he
would
not
execute
any
Writ
of
Execution
above
20l.
nor
any
venire
fac
.
in
severall
Causes
,
and
also
to
acquit
and
save
harmeless
the
Plantiff
of
all
escapes
of
Prisoners
taken
in
Execution
;
and
of
all
fines
and
amercements
.
Resolved
in
this
Case
when
there
are
in
an
Indentures
Covenants
in
the
Negative
for
not
doing
,
and
in
the
Affimative
for
doing
,
he
is
to
plead
specialy
to
the
Negatives
that
he
hath
not
broken
them
,
and
to
the
Covenants
in
the
Affirmative
,
that
he
hath
performed
them
.
2.
When
the
Covenants
Negative
are
against
Laws
,
and
the
Affirmative
Lawfull
,
there
he
may
plead
performance
generally
,
and
the
Court
is
to
take
notice
that
the
Covenants
in
the
Negative
were
void
and
against
Law
.
3.
That
the
Covenants
that
he
would
not
do
any
Execution
,
nor
Execute
any
Writs
here
as
venire
fac
.
were
against
Law
.
4.
When
some
Covenants
are
void
by
the
Common
Law
,
and
others
not
void
,
an
Obligation
taken
for
the
performance
of
Covenants
stands
good
for
those
that
are
good
,
and
not
for
the
other
.
Gresley
and
Luthers
Case
.
1110.
Assumpsit
:
The
Defendant
was
a
Suitor
for
Marriage
of
the
Daughter
of
I.
S.
the
Mother
of
the
Daughter
was
sollicited
by
the
Defendant
for
her
assent
and
furtherance
of
the
Marriage
;
and
the
Defendant
promised
that
if
she
would
agree
,
that
her
Daughter
should
Marry
the
Defendant
,
that
he
would
give
to
the
Mother
100l
.
she
gave
her
assent
and
the
Marriage
took
effect
.
It
was
Resolved
,
that
the
Agreement
of
the
Mother
was
a
sufficient
consideration
to
ground
the
Assumpsit
upon
.
Fosters
and
Jacksons
Case
:
1111.
Scire
fac
.
Against
an
Executor
to
have
Execution
of
a
Judgement
against
the
Testator
;
the
Defendant
pleaded
that
the
Testator
was
taken
in
Execution
for
the
same
Debt
,
and
dyed
in
Execution
.
It
was
Resolved
,
that
was
a
discharge
of
the
Debt
.
vide
Laud
and
Williams
Case
.
Pasch.
44.
Eliz
adjudged
accordingly
.
Harecote
and
Wrenhams
Case
.
1112.
The
Case
was
:
The
Father
in
his
life
time
had
conveyed
a
Lease
in
Trust
to
F.
and
made
his
Son
his
Executor
;
who
recvered
100l
.
in
Chancary
against
F.
which
he
had
and
came
to
his
hands
as
Executor
.
The
Question
was
,
if
this
1000l
.
should
be
Assetts
in
the
Executors
hands
;
Resolved
it
should
be
Assetts
.
Selby
and
Chutes
Case
.
1113.
The
Lessor
Covenanted
that
the
Lessee
should
enjoy
the
Land
,
without
the
disturbance
,
Let
or
hindrance
&c.
of
the
Lessee
.
The
Lessor
sued
the
Lessee
in
Chancery
suggesting
the
Lease
was
made
to
him
in
trust
to
try
a
Tittle
onely
.
In
Covenant
brought
the
Lessee
assigned
this
in
breach
of
the
Covenant
,
Adjudging
no
breach
because
it
was
a
Suite
in
Equity
,
and
not
at
Common
Law
.
Sir
Henry
Rolls
and
Sir
Robert
Osborn
and
his
wives
Case
.
1114.
Warrantia
Charta
against
Husband
and
Wife
,
that
the
husband
and
wife
levied
a
Fine
,
2
Jac.
to
the
Defendant
and
his
Heirs
with
Warranty
;
the
Defendant
pleaded
that
the
same
Term
,
a
common
Recovery
was
had
by
a
Stranger
in
a
Writ
of
entry
against
the
Plaintiff
,
who
vouched
the
husband
only
,
which
Recovery
was
to
the
use
of
the
Plaintiff
for
part
of
the
Land
for
his
Life
,
with
divers
Remainders
in
tail
,
with
the
Remainders
in
Fee
,
to
the
Plaintiff
and
his
Heirs
.
In
this
case
these
points
were
Resolved
;
1.
the
wife
one
of
the
Defendants
died
,
pendant
the
Writ
,
that
the
Writ
should
not
abate
because
the
Warranty
was
by
the
Husband
and
Wife
,
so
as
by
the
death
of
the
wife
,
the
Warranty
as
to
her
,
was
determined
,
and
it
stood
for
the
Husband
and
his
Heirs
.
2.
Resolved
that
the
Warranty
was
determined
by
the
Severance
and
Division
of
the
Land
.
3.
Resolved
that
if
the
Plaintiff
be
impleaded
in
which
he
might
vouch
,
if
he
did
not
vouch
,
that
he
might
have
Warrantia
Charta
.
4.
Resolved
that
because
it
appeared
by
the
Plea
in
Bar
,
that
the
use
of
the
Recovery
was
to
the
Plaintiff
but
for
Life
,
so
as
the
Plaintiff
is
in
of
another
estate
,
that
he
could
not
have
a
Warrantia
Charta
to
recover
upon
a
Warranty
in
Fee
.
It
was
adjudged
against
the
Plaintiff
.
Cownden
and
Clarks
Case
.
1115.
In
Ejectione
firme
;
the
case
was
;
A
seised
of
Lands
in
Fee
in
Soccage
,
had
Issue
I.
his
Son
and
E.
his
daughter
,
who
was
married
to
I.
D.
by
whom
she
had
Issue
two
daughters
M.
and
F.
he
made
his
Will
and
devised
out
of
his
Lands
Annuities
to
his
Grand-children
M.
and
F.
and
gave
a
Legacy
to
G.
his
brother
of
20
l.
and
his
Lands
he
devised
thus
:
My
meaning
is
,
that
my
Land
I
now
stand
seised
of
,
and
that
of
right
I
have
,
shall
discend
to
J.
my
Son
,
but
my
Executors
shall
take
the
profits
of
it
,
till
his
age
of
24.
years
.
Provided
,
If
the
said
J.
die
without
Issue
of
his
body
,
th●n
the
Land
go
to
the
right
Heirs
of
my
name
and
posterity
,
equally
to
be
divided
,
part
and
part
like
,
and
then
to
the
said
M.
and
F.
I.
died
without
Issue
,
G.
his
brother
entred
and
made
the
Lease
:
It
was
Resolved
in
this
case
that
the
Devise
to
the
right
Heirs
of
his
name
and
posterity
was
void
,
and
by
consequence
the
Reversion
in
Fee
discended
to
I
his
Son
,
and
from
him
to
his
two
Daughters
,
as
his
general
Heirs
,
and
that
appeared
to
be
the
intent
of
the
Devisor
;
for
he
did
not
intend
his
brother
should
have
the
Land
,
for
the
words
be
part
and
part
like
,
and
he
did
not
intend
his
two
daughters
should
have
the
Lands
,
because
he
devised
them
Annuities
.
Rowrth
and
the
Bishop
of
Chesters
Case
.
1116.
It
was
Resolved
in
this
case
,
that
after
an
Induction
,
an
Institution
is
not
to
be
examined
in
the
Spiritual
Court
,
but
by
a
Quare
Impedit
only
:
But
yet
the
Justices
if
they
see
causa
,
may
write
to
the
Bishop
to
certifie
concerning
the
Institution
.
Tisilate
and
Sir
William
Esex
Case
.
1117.
Covenant
was
brought
upon
the
words
Covenant
,
Premise
,
and
Agree
that
the
Lessee
should
quietly
occupy
and
enjoy
the
Lands
demised
for
,
during
the
term
of
Seven
years
,
and
the
Plaintiff
shewed
that
a
Stranger
entred
upon
the
Land
,
but
did
not
shew
that
he
entred
by
title
,
and
for
that
cause
it
was
adjudged
against
the
Plaintiff
,
and
the
difference
was
taken
betwixt
a
Covenant
implied
,
as
here
it
was
in
the
words
demise
,
&c.
but
upon
a
Covenant
expressed
,
there
the
Lessor
is
to
gard
the
Land
against
every
person
.
Harrington
and
Deans
Case
.
1118.
Accompt
:
A.
was
endebted
to
the
Plaintiff
200
l.
The
Plaintiff
required
the
Defendant
to
receive
it
of
A
and
prayed
the
Defendant
to
borrow
so
much
for
him
,
and
pay
it
to
the
Plaintiff
:
the
Defendant
did
borrow
200
l.
of
I.
S.
and
A.
was
bound
for
the
repayment
of
it
.
It
was
adjudged
that
the
Defendant
should
account
for
this
mony
,
for
that
he
had
a
Warrant
from
the
Plaintiff
to
receive
the
mony
of
A.
and
by
the
direction
of
A.
he
received
it
of
I.
S.
for
A.
therefore
he
was
to
account
for
it
.
The
Earl
of
Cumberland
and
Countesse
of
Cumberlands
Case
.
1119.
Waste
in
3.
Several
Townes
A.
B.
C.
There
were
29.
Issues
joyned
,
and
tryed
14.
for
the
Plantiff
,
and
14.
for
the
Defendant
:
One
was
if
certaine
Oakes
cut
down
were
imployed
in
reparation
of
the
Castle
of
A.
which
Issue
was
tryed
with
the
Defendant
.
It
was
moved
in
stay
of
Judgement
,
that
the
Visne
was
of
the
Town
of
A.
where
it
ought
to
be
of
the
Castle
:
The
Court
held
it
to
be
a
Mis-tryal
,
although
it
was
tryed
for
the
Defendant
who
moved
the
Exception
.
Cooper
and
Andrews
Case
.
1120.
Prohibition
upon
a
Modus
Decimandi
in
a
Park
,
the
Viccar
had
2s
.
yearly
,
and
the
Shoulder
of
every
third
Dear
killed
in
the
Parke
,
the
Parke
being
Dis-parked
,
the
Viccar
sued
for
Tythes
in
kind
.
The
Court
was
divided
in
opinion
:
Nichols
and
Hobart
Justices
,
that
notwithstanding
the
Dis-parking
,
the
Modus
did
remaine
Winch
and
Warburton
Justices
,
that
by
the
Dis-parking
,
the
prescription
as
to
the
Modus
Decimandi
,
was
determined
&
that
Tythes
should
be
paid
in
kind
.
Quere
.
Cuddington
and
Wilkins
Case
.
1121.
Action
upon
the
Case
for
calling
the
Plantiff
Theif
;
the
Defendant
justifies
that
he
had
stollen
the
Sheep
of
I.
S.
the
Plaintiff
said
that
before
the
words
were
spoken
,
he
was
pardoned
by
the
general
pardon
,
and
pleaded
the
Pardon
;
adjudged
the
Action
did
lie
by
reason
of
the
Pardon
.
Pope
and
Skinners
Case
.
1122.
The
Case
was
more
fully
reported
in
Hobarts
Reports
.
73.
and
was
this
.
In
a
Replevin
,
the
Defendant
avowed
as
a
Commoner
taking
the
Cattle
dammage
feasants
:
The
Plaintiff
said
that
A.
was
seised
of
an
House
and
Land
wherein
he
had
Common
,
and
devised
the
same
to
him
the
30th
.
of
March
11.
Jac.
to
hold
from
the
Feast
of
Annunciation
next
for
a
year
;
The
Avowant
traversed
the
Lease
modo
&
forma
,
Issue
was
taken
and
found
thereupon
.
That
A.
made
a
Lease
to
the
Plaintiff
25
of
May.
for
a
year
thence
next
ensuing
;
It
was
holden
,
that
although
this
be
not
the
same
Lease
,
that
the
Plaintiff
pleaded
.
Yet
the
Court
gave
Judgment
for
the
Plantiff
,
for
the
substance
of
the
Issue
is
,
whether
the
Plaintiff
have
such
a
Lease
from
A.
or
not
,
as
by
force
thereof
he
might
have
Common
;
which
appeared
he
had
,
and
the
modo
&
forma
in
the
rest
is
not
material
;
but
yet
it
was
said
he
must
not
depart
altogether
from
the
forme
of
this
Issue
;
for
if
it
had
been
found
that
he
had
right
of
Common
by
a
Lease
from
another
,
it
would
not
have
served
his
turn
,
for
that
had
been
clear
out
of
the
Issue
,
both
for
matter
and
form
.
1123.
Debt
upon
an
Obligation
.
The
Obligation
was
in
Octogefimis
Libris
;
Yet
the
Court
held
the
Obligation
to
be
good
.
Sparke
and
Parnells
Case
.
1124.
A.
seised
of
Gavelkind
Land
had
issue
3.
Sons
,
and
devised
to
each
of
his
Sons
a
several
part
,
and
if
any
of
them
dyed
without
Issue
,
the
other
should
be
his
heir
.
It
was
adjudged
Tail
in
each
of
them
,
and
the
Fee
simple
by
the
word
Heir
,
in
the
other
.
Slawny
and
Elbridges
Case
.
1125.
It
was
Resolved
in
this
Case
.
That
the
Ordinary
cannot
take
an
Obligation
of
the
Administrator
,
after
the
Debts
and
Legacies
paid
,
but
the
residue
of
the
goods
shall
remain
at
the
appointment
of
the
Ordinary
.
Weaver
and
Wards
Case
.
1126.
Batterie
;
the
Defendant
justified
,
that
he
being
a
Training
at
a
Common
Master
as
a
Soldier
discharged
his
Gun
,
&
per
insortunium
,
hurt
the
Plaintiff
,
and
traversed
that
he
was
guilty
,
aliter
vel
alio
modo
,
adjudged
the
Justification
was
not
good
,
because
he
ought
to
have
further
said
,
that
he
could
not
otherwise
avoid
the
fact
;
and
when
he
justifieth
the
whole
fact
,
there
needs
no
traverse
.
Pye
and
Cookes
Case
.
1127.
Two
persons
exhibited
,
two
several
informations
against
an
Ecclesiastical
person
for
taking
a
Lease
for
years
,
contrary
to
the
Statute
of
21.
H.
8.
It
was
the
opinion
of
the
Court
,
they
being
exhibited
at
one
time
and
for
one
thing
,
the
Defendant
was
not
Answer
to
any
of
them
.
Pits
and
James
Case
.
1128.
The
Case
was
;
The
Hospital
of
Donnington
in
the
County
of
Berks
,
was
founded
by
the
name
of
Minister
Dei
pauperis
domus
de
Donnington
,
and
they
made
a
Lease
of
parcell
of
the
Lands
of
the
Hospital
in
English
,
Minister
of
the
Almeshouse
of
God
of
Donnington
besides
Newbury
in
the
County
of
Berks.
It
was
holden
the
seeming
variance
did
not
hurt
nor
avoid
the
Lease
;
for
if
they
do
agree
in
Common
understanding
,
it
shall
be
good
;
vide
the
same
Case
,
Hil.
43.
Eliz.
in
Banco
Regis
,
Sherborn
and
Lewis
Case
.
Robins
and
Barnes
Case
.
1129.
In
a
Quod
permittat
for
erecting
of
an
Newsance
20.
foot
in
length
,
and
8
in
bredth
;
It
was
Resolved
by
the
Court
,
that
if
one
be
owner
of
2
Houses
,
and
one
doth
a
Newsance
to
the
other
,
and
the
owner
sells
the
house
which
makes
the
Newsance
,
that
the
vender
shall
never
abate
the
Newsance
.
1130.
Words
spoken
of
I.
S.
he
was
in
prison
for
stealing
of
Horses
,
adjudged
an
Action
lyeth
for
the
words
;
otherwise
it
is
if
but
for
suspition
.
1131.
In
an
Assise
the
Writ
was
Recognitionem
(
illum
)
where
it
should
have
been
(
illum
.
)
It
was
amended
.
Lampleigh
and
Braithwaits
Case
.
1132.
Assumpsit
.
B.
having
killed
a
man
,
required
the
Plaintiff
to
do
his
endeavor
to
get
his
pardon
;
for
which
he
went
to
the
King
to
Royston
and
obtained
the
pardon
.
In
consideration
the
Plaintiff
had
done
his
endeavour
,
the
Defendant
promised
him
200l
.
It
was
said
it
was
no
good
consideration
,
because
the
consideration
was
executed
before
the
promise
.
But
Resolved
,
the
Action
did
well
lie
,
because
there
is
a
Request
before
the
endeavor
had
;
and
then
the
Assumpsit
subsequent
,
after
the
Consideration
executed
,
is
sufficient
.
Tasker
and
Salters
Case
.
1133.
Batterie
.
The
Defendant
Justified
that
he
was
a
Copyholder
and
that
the
Lord
of
the
Mannor
for
him
and
his
Copyholders
had
a
way
,
over
the
Land
of
the
Plaintiff
who
was
also
a
Copyholder
of
the
Mannor
;
and
that
he
going
in
the
way
was
resisted
by
the
Plaintiff
,
for
which
Molliter
he
laid
his
hand
on
him
,
upon
which
they
were
at
Issue
.
It
was
agreed
by
the
Court
,
that
the
Lord
of
the
Mannor
could
not
have
a
way
over
his
own
Land
.
2.
Agreed
although
the
verdict
passed
upon
a
void
Issue
,
the
same
was
not
remedied
by
the
Statute
of
32.
H.
8.
Wherefore
a
Repleader
,
was
awarded
.
VVintham
and
Kemps
Case
.
1134.
Quare
Impedit
;
the
Plaintiff
counted
that
he
was
seized
of
a
Mannor
with
an
Advouson
appendant
viz.
to
present
every
first
Turn
.
It
was
said
the
viz.
was
void
and
made
the
Count
insufficient
because
crossed
the
premises
,
but
the
Court
Resolved
that
the
Count
was
good
.
Coxes
Case
.
1135.
Words
spoken
of
an
Atturney
,
viz.
Thou
art
a
Common
maintainer
of
Suites
and
a
Champerter
;
I
will
have
thee
thrown
over
the
Barre
the
next
Terme
.
Adjudged
the
words
were
Actionable
.
Small
and
Dales
Case
.
1136.
A.
seised
of
Lands
in
Copitie
had
Issue
,
B.
his
Son
and
Heir
,
and
E.
a
Daughter
by
one
woman
,
and
two
Daughters
by
a
second
Wife
,
and
W.
a
Son
by
a
third
Wife
,
and
devised
all
his
Lands
to
his
Wife
durante
viduitate
,
and
dyed
;
the
Wife
entred
and
dyed
,
B.
before
any
entred
dyed
.
It
was
Adjudged
the
Will
was
void
for
a
third
part
,
and
that
the
entry
of
the
Wife
in
the
whole
made
her
seised
but
of
two
parts
in
Common
with
the
Son
of
the
third
part
and
that
the
entry
of
the
Wife
vested
such
a
possession
in
Common
,
with
the
Son
to
make
a
possessio
fratris
in
the
Sister
of
the
whole
blood
to
inherit
against
the
younger
Son
.
Henningham
and
Burrowes
Case
.
1137.
Trespass
in
K.
The
Defendant
justified
by
a
title
as
parcell
of
the
Mannor
of
Stamford
Hall
in
W.
and
one
venire
was
of
awarded
from
K.
and
W.
both
,
and
holden
good
.
Anderson
and
Robinsons
Case
.
1138.
The
Habeas
corpora
,
was
returned
album
breve
,
without
any
Endorsment
.
Curia
advisare
vult
if
it
shall
be
amended
.
Hill
12
Jac.
Wilby
and
Gumys
Case
was
vouched
where
it
was
ruled
,
it
should
not
be
amended
;
but
a
venire
de
novo
awarded
.
Marshall
and
Stewards
Case
.
1139.
Action
for
words
,
viz.
The
Devil
appeareth
to
thee
every
night
in
the
likeness
of
a
black
man
riding
upon
a
black
horse
,
and
thou
conferrest
with
him
,
and
whatsoever
thou
doest
ask
he
doth
give
it
thee
,
and
that
is
the
reason
thou
hast
so
much
money
,
and
this
I
will
justifie
.
Adjudged
the
Action
maintainable
for
these
words
(
thou
conferrest
with
him
)
for
that
is
Felony
by
the
Statute
of
1.
Jac.
The
Weavers
of
Newburies
Case
.
1140.
They
were
incorporated
.
1.
Jac.
with
power
to
make
By-laws
,
They
made
an
Ordinance
that
none
should
exercise
the
Trade
of
a
Weaver
within
the
Town
,
unlesse
he
had
bin
an
Apprentice
within
the
Town
seven
years
before
,
upon
pain
of
5
l.
They
brought
Debt
for
a
penalty
of
5.l
.
Resolved
the
Action
did
not
lie
for
being
incorporated
within
time
of
memory
,
and
after
the
Statute
5.
Eliz.
they
had
not
power
to
make
By
lawes
,
also
because
the
By-law
was
unreasonable
.
Skaifes
and
Nelsons
Case
.
1141.
Action
against
Husband
and
Wife
for
slanderous
words
spoken
by
the
Wife
,
and
verdict
being
for
the
Plaintiff
,
Judgement
was
against
the
Husband
and
Wife
,
and
that
the
Wife
should
be
amerced
;
upon
which
Error
was
brought
,
for
that
both
should
be
amerced
;
but
because
the
Paper
book
of
the
Atturney
was
plain
without
resure
,
that
they
should
be
both
amerced
:
It
was
said
to
be
the
Omission
of
the
Clarke
,
and
the
Record
was
amended
.
Digby
and
Fitzherberts
Case
.
1142.
Quare
impedit
.
The
Plaintiff
Counted
,
that
A.
was
seised
in
fee
of
the
Advowson
,
and
presented
B.
and
afterward
granted
to
him
the
next
avoidance
,
and
that
B.
dyed
,
and
the
Defendant
did
disturb
him
to
present
.
The
Defendant
said
,
that
Sir
.
Tho.
Fitz.
was
seised
in
Fee
of
the
Advouson
,
and
granted
it
to
Rich.
Fitz.
who
gave
it
to
A.
for
the
life
of
one
I.
S.
by
force
of
which
A.
presented
B.
and
then
granted
the
next
Avoidance
to
the
Plaintiff
,
and
I.
Fitz.
having
the
rmainder
in
Fee
limited
to
him
after
the
death
of
A.
granted
the
same
to
the
Defendant
,
after
which
B.
dyed
,
and
the
Defendant
presented
A.
absque
hoc
quod
A.
tempore
concessionis
of
the
next
Avoidance
of
the
Plaintiff
was
seisitus
of
the
Church
in
Fee
,
the
Plaintiff
maintained
his
Title
,
and
Traversed
absque
hoc
that
A
was
seised
for
the
life
of
I.
S.
upon
which
it
was
demurred
.
The
Court
was
divided
in
opinion
.
Warberton
and
Winch
said
the
last
Traverse
was
Idle
,
because
the
Plea
had
confessed
and
avoided
it
.
Nicholas
and
Hobart
contrary
.
The
better
opinion
seemed
to
be
,
that
to
confesse
and
avoid
and
also
to
Traverse
is
the
most
sure
way
of
pleading
,
vide
Newman
,
and
Mores
Case
Trin
,
13.
Jac.
in
C.
B.
Pas.
37
Eliz.
Cootesale
and
Woodroses
Case
in
a
quare
impedit
accordingly
,
and
Sherley
and
Bowyers
Case
.
If
the
thing
which
is
Traversed
is
a
point
material
,
the
Traverse
is
well
added
to
the
Plea
;
otherwise
if
it
be
of
a
thing
idle
and
trivial
.
Brown
and
Goldsmiths
Case
.
1143.
The
Dean
and
Chapter
made
a
Lease
of
the
Mannor
of
D.
to
I.S.
excepting
the
Courts
and
perquisits
of
Court
.
It
was
Resolved
,
that
the
Exception
was
void
as
to
that
Court
;
but
as
to
the
perquisits
of
Court
the
Exception
was
good
:
and
it
was
Resolved
,
That
for
the
perquisites
of
Court
no
distresse
was
to
be
had
;
but
Debt
did
lie
for
them
:
but
in
this
Case
it
was
Resolved
,
that
the
King
might
Lease
a
Mannor
,
excepting
the
Courts
,
and
such
Exception
was
good
.
Day
and
Savages
Case
.
1144.
Trespass
for
taking
a
bag
of
Pepper
.
The
Defendant
Justified
as
servant
to
the
Mayor
and
Commonalty
of
London
,
for
Wharfage
;
The
Plaintiff
said
that
the
Custome
did
not
extend
to
him
being
a
Freeman
who
ought
not
to
pay
Wharfage
.
The
Defendant
said
the
Custome
did
extend
to
him
as
well
as
strangers
;
upon
which
Issue
was
joyned
.
Resolved
that
the
Custome
should
not
be
tryed
by
the
Certificate
of
the
Recorder
,
as
the
usuall
course
,
is
but
should
be
tryed
by
the
Country
,
because
the
Mayor
&
Comonalty
were
parties
,
and
that
the
venire
fac
.
should
not
Issue
to
the
Sheriff
of
London
or
Middlesex
,
because
the
Tryals
there
are
by
Freemen
;
but
should
be
to
the
County
adjoyning
,
viz.
Surrey
and
Wendates
Case
.
40.
Eliz.
was
vouched
to
be
adjudged
accordingly
.
Stoner
and
Gibbons
Case
.
1145.
Debt
against
an
Administrator
;
after
demurment
Admistration
was
repealed
and
granted
to
another
.
Resolved
that
he
should
not
plead
that
Plea
after
a
demurrer
,
but
after
Issue
joyned
,
such
a
Plea
was
good
.
Seal
and
Oxonbridges
Case
.
1146.
Wast
.
The
Plaintiff
made
Tittle
,
that
I.
S.
infeoffed
another
to
the
use
of
the
Plaintiffs
and
his
Heirs
,
but
did
not
say
that
he
enfeoffed
the
other
and
his
Heirs
;
and
yet
it
was
holden
to
be
good
.
Bird
and
Haines
Case
.
1147.
Debt
upon
an
Obligation
;
acceptance
of
a
Bill
sealed
after
he
Obligation
was
pleaded
in
Bar
for
the
same
Debt
,
and
adjudged
no
Plea
.
The
Chancellor
and
Scholars
of
Oxford
,
and
the
Bishop
of
Norwich
and
others
Case
.
1148.
Quare
impedit
.
The
Plaintiff
Counted
upon
the
Statute
of
3
Jac.
that
I.
S.
being
owner
of
an
Advouson
,
2.
Jac.
was
a
Recusant
convict
,
and
that
after
the
Church
became
void
,
and
so
they
by
the
Statute
ought
to
present
:
One
of
the
Defendants
pleaded
That
the
Advouson
was
Appendant
to
a
Mannor
,
and
that
two
parts
of
the
Mannor
were
seised
into
the
Kings
hands
by
proces
out
of
the
Exchequer
,
and
that
the
King
by
his
Letters
Pattents
granted
the
two
parts
to
the
Defendant
with
the
appurtenances
,
and
granted
also
all
heriditaments
;
but
Advousons
were
not
mentioned
in
the
Letters
Pattents
,
and
so
said
the
presentation
did
belong
to
the
Defendant
;
It
was
Resolved
that
the
Advouson
did
not
passe
by
the
word
appurtenances
,
without
mention
of
Advouson
,
or
words
Adeo
plena
&
integrè
,
&
in
tam
amplo
modo
&
forma
,
as
the
Recusant
had
the
Mannor
.
Wood
and
Sherlyes
Case
.
1149.
The
Husband
Tennant
in
Tail
,
the
remainder
to
his
Wife
for
life
,
he
made
a
Feoffment
to
the
use
of
himself
and
his
Wife
for
the
Joynture
of
the
VVife
;
and
after
dyed
without
issue
.
Adjudged
the
Joynture
pleaded
was
no
Bar
in
Dower
brought
by
the
Wife
,
because
the
Wife
was
remitted
,
and
in
of
her
former
estate
.
Comyn
and
Brandlyns
Case
.
1150.
A
Term
for
years
upon
an
Elegit
was
apprized
at
100l
.
and
delivered
in
Execution
to
that
value
.
A.
scire
fac
.
brought
to
have
restitution
of
the
Term
,
because
the
Plaintiff
had
levyed
the
100l
.
of
the
profits
of
the
Lands
:
Resolved
he
should
not
have
restitution
,
but
if
at
the
time
of
the
Apprisement
,
and
before
the
delivery
he
had
tendred
the
money
,
either
in
Court
or
in
paire
,
he
might
have
Audita
Querela
.
Girryes
Case
.
1151.
A
sentence
was
given
definitive
in
the
spiritual
Court
in
a
suit
there
for
Tythes
,
pro
triplici
valore
.
A
Prohibition
was
prayed
.
A
speciall
Prohibition
was
awarded
That
they
should
not
proceed
to
the
Execution
of
the
Sentence
as
to
the
treble
value
,
because
that
Court
is
not
to
give
the
treble
value
but
the
double
value
onely
.
Whitlock
and
Hardings
Case
.
1152.
A
man
devised
his
Lands
for
99.
years
,
and
after
in
the
Will
were
these
words
,
viz.
Item
.
I
give
to
A.
my
Daughter
all
my
Lands
of
inheritance
if
the
Law
will
permit
:
It
was
adjudged
that
A.
had
a
Fee-simple
in
the
Lands
,
although
there
wanted
the
word
Heirs
,
and
the
words
shall
go
to
the
Lands
,
and
not
to
the
estate
in
Construction
,
and
it
cannot
be
intended
an
estate
for
life
,
which
is
of
no
value
after
99.
years
.
Sir
Tho.
Simonds
Case
.
1153.
The
wife
libelled
against
the
Husband
for
Alimony
because
he
beat
her
so
as
she
could
not
live
with
him
;
a
Prohibition
was
prayed
,
but
denyed
by
the
Court
,
and
it
was
holden
in
this
Case
that
the
Wife
might
have
the
peace
against
her
Husband
for
unreasonable
correction
.
Guy
and
Sedgwicks
Case
.
1154.
A
Prohibition
was
awarded
to
the
Counsell
of
York
,
because
they
held
plea
there
by
English
Bill
of
a
Debt
due
upon
an
Obligation
,
which
is
against
the
Law
and
Liberty
of
the
Subject
;
and
the
King
in
such
case
loseth
his
fine
.
The
King
,
and
Bishop
of
Lincolne
and
Kings
Case
.
1155.
The
King
seised
of
an
Advowson
in
the
right
of
his
Dutchy
of
Lanc.
presented
to
it
under
the
Great
Seal
,
and
not
under
the
Seal
of
the
Dutchy
.
And
Resolved
that
the
presentation
was
good
,
for
the
presentation
is
but
a
fruit
fallen
from
the
tree
,
and
the
King
may
present
by
word
,
because
a
presentation
is
but
a
commendation
of
the
Clark
to
the
Ordinary
.
Case
of
the
Coheirs
of
Sir
William
Rider
.
1156.
Resolved
by
the
two
Chief
Justices
,
and
Chief
Baron
in
the
Court
of
Wards
.
That
if
a
man
makes
his
Will
in
writing
and
saies
then
,
he
will
adde
to
it
or
alter
it
,
it
is
not
his
Will
because
not
compleat
nor
published
for
his
Will.
But
if
a
man
makes
his
Will
and
publisheth
it
,
and
after
it
comes
in
his
mind
to
adde
to
it
or
alter
it
,
and
sayes
he
will
so
do
,
but
dyeth
before
any
addition
or
alteration
of
it
,
the
first
Will
shall
stand
.
Walter
the
Dean
and
Chapter
of
Norwiches
Case
.
1157.
The
Case
was
,
the
Dean
&
Chapter
37.
H.
8.
made
a
Lease
for
50.
years
,
8.
Eliz
they
made
a
Lease
to
I.
S.
for
99.
years
to
begin
after
the
determination
of
the
Lease
for
50
years
which
expired
38.
Eliz.
In
42.
Eliz.
they
made
a
Lease
to
the
Plaintiff
for
3.
lives
reserving
rent
,
and
a
Letter
of
Atturney
to
make
Livery
and
Covenanted
,
the
Plaintiff
should
enjoy
the
Lands
against
the
Lease
made
to
I.
S.
and
all
claiming
under
him
;
Livery
was
made
by
the
Atturney
after
3.
Rent
dayes
encurred
.
Resolved
,
that
the
Lease
was
good
;
and
the
Livery
well
executed
by
the
Atturney
,
who
is
not
confined
to
any
time
to
make
it
.
2.
Resolved
,
that
the
Lease
for
3.
lives
was
not
void
by
the
Statute
of
13.
Eliz.
because
the
Dean
and
Chapter
who
made
the
Lease
for
3.
lives
were
alive
and
in
being
:
and
therefore
they
being
evicted
by
a
Judgment
upon
the
Lease
made
to
I.
S.
Covenant
brought
by
the
Plaintiff
against
the
Defendant
,
did
well
lie
,
and
Judgment
was
for
the
Plaintiff
.
Adams
and
Curwins
Case
.
1158.
Lessee
for
years
died
Intestate
,
the
Lessor
entred
and
made
a
Feoffment
;
Administration
was
granted
to
I.
S.
who
entred
.
It
was
adjudged
a
good
Attornment
,
though
at
the
time
of
the
Feoffment
,
there
was
no
Administrator
in
esse
.
Hill
and
Hills
Case
.
1159.
The
Husband
made
a
Lease
for
years
,
rendring
rent
during
his
Life
,
and
the
Life
of
his
Wife
.
It
was
adjudged
a
good
Reservation
,
and
shall
be
during
the
Life
of
the
Survivor
of
them
.
1160.
Words
spoken
of
a
Jury-man
sworn
upon
Life
and
Death
,
viz.
Thou
art
a
Jury
man
,
amd
hast
been
the
overthrow
of
a
100.
men
by
thy
subtile
and
false
means
.
It
was
adjudged
that
the
words
were
actionable
.
Wilkins
and
Perrotts
Case
.
1161.
A
Rent
was
granted
to
A.
and
his
Heirs
,
Habendum
to
him
and
his
Heirs
,
to
the
use
of
him
and
his
Heirs
,
during
the
Life
of
I.
S.
It
was
adjudged
but
an
estate
for
Life
discendable
,
and
not
a
Fee-simple
.
Chaworth
and
Phillips
Case
.
1162.
It
was
Resolved
in
this
case
;
that
if
a
Lease
be
made
upon
condition
to
be
void
if
10
l.
be
not
paid
at
a
certain
day
,
that
the
Grantee
of
the
Reversion
shall
not
enter
for
such
a
condition
,
because
it
is
collateral
.
2.
If
Lessee
for
Twenty
years
makes
a
Lease
for
Ten
years
upon
condition
,
and
the
Lessee
for
Twenty
years
surrenders
to
him
in
the
Reversion
,
he
in
the
Reversion
shall
not
take
advantage
of
the
condition
,
because
he
is
in
of
another
Estate
.
Watbrooke
and
Griffiths
Case
.
1163.
Action
upon
the
case
against
an
In-keeper
;
he
pleaded
that
it
was
the
custom
of
the
Realm
,
that
if
a
man
put
his
horse
to
Livery
to
an
Hostler
,
and
the
horse
staid
there
so
long
that
his
meat
amounted
to
the
value
of
the
horse
,
that
he
might
call
four
of
his
Neighbors
and
value
the
horse
,
and
if
they
conceived
the
meat
did
amount
to
the
value
of
the
horse
,
that
he
might
detain
the
horse
as
his
own
.
It
was
adjudged
against
the
Defendant
,
because
there
is
no
such
general
custom
within
the
Realm
,
but
only
in
London
and
Exeter
.
Winscomb
and
Pulisons
Case
.
1364.
Quare
Impedit
:
The
case
was
;
the
Incumbent
lying
sick
of
a
dangerous
Disease
,
and
in
apparent
perill
of
death
,
it
was
corruptly
and
by
Symonie
agreed
betwixt
the
Patron
and
S.
that
for
90
l.
the
Patron
should
present
S
▪
after
the
death
of
the
Incumbent
,
or
should
cause
him
to
be
presented
;
the
90
l.
was
paid
,
and
for
the
Security
of
the
Presentation
,
the
Patron
granted
the
next
Avoidance
to
I.
S.
a
person
nominated
in
trust
for
S.
I.
S.
presented
S.
who
was
Instituted
and
Inducted
.
The
King
presented
the
Defendant
by
reason
of
the
Statute
of
31
Eliz.
which
made
the
Presentation
upon
the
Symonaical
contract
void
.
It
was
adjudged
that
the
Presentation
of
the
King
of
the
Defendant
was
good
by
the
Statute
,
and
that
the
Grant
of
the
next
Avoydance
,
was
but
in
pursuance
of
the
Symonaical
agreement
,
I.
S.
being
nominated
in
trust
for
S.
2.
It
was
holden
in
this
case
,
that
if
S.
had
died
,
and
no
other
was
instituted
by
the
Patron
,
but
the
Church
remained
void
,
that
the
King
might
Present
;
otherwise
it
had
been
if
the
Patron
had
presented
a
new
Parson
to
the
Church
,
before
the
King
presented
.
Pym
and
Gorwins
Case
.
1165.
It
was
Resolved
by
the
Justices
in
this
case
,
that
one
cannt
prescribe
for
a
Seat
in
the
body
of
the
Church
,
for
that
the
Seats
there
,
are
disposable
by
the
Parson
and
Churchwardens
;
but
for
a
Seat
in
an
Isle
of
the
Church
,
a
man
may
prescribe
,
because
it
may
be
presumed
that
he
or
his
Ancestors
who
had
house
and
lands
within
the
Parish
,
had
edified
and
built
the
said
Isle
,
and
so
it
was
said
it
was
adjudged
in
the
Lady
Grays
case
.
Norris
and
the
Hundred
of
Gawtrys
Case
.
1166.
Debt
against
the
Hundred
upon
a
Robbery
9.
Octob.
13
Jac.
the
Teste
of
the
original
was
9
Octob.
14
Jac.
It
was
said
the
Action
was
not
brought
within
the
year
,
for
there
is
but
one
ninth
of
October
within
the
year
:
It
was
the
opinion
of
the
Justices
,
that
in
this
case
a
Fraction
of
a
day
should
be
by
devision
of
time
in
a
day
:
viz.
the
Robbery
committed
9
Oct.
13.
post
meridiem
,
is
within
the
year
of
the
bringing
of
the
Writ
9
Octob.
14
Jac.
in
the
morning
.
Vide
Ludford
and
Grettons
Case
.
Plowd
.
Com.
491.
Dawks
and
Hills
Case
.
1167.
Upon
an
Information
upon
the
Statute
of
5
E.
6.
an
Ingrosser
of
Chattel
justified
for
a
certain
number
of
Chattel
,
and
sold
upon
two
several
Licenses
without
distinction
,
how
much
upon
the
one
,
and
how
much
upon
the
other
;
and
upon
a
Demurrer
it
was
adjudged
for
the
Plaintiff
.
Middleton
and
Lawtes
Case
.
1168.
Two
Patrons
pretended
title
to
present
;
the
one
presented
,
and
the
Bishop
refused
his
Clerk
:
He
sued
in
the
Audience
,
and
had
an
Inhibition
to
the
Bishop
,
and
after
there
he
obtained
Institution
and
Induction
by
the
Arch-Bishop
:
Afterwards
the
inferior
Bishop
instituted
and
inducted
the
Clerk
of
the
other
,
for
which
Process
issued
out
of
the
Audience
against
him
;
he
upon
that
prayed
a
Prohibition
,
and
a
Prohibition
was
awarded
as
to
the
Incumbency
,
because
the
Ecclesiastical
Courts
have
not
to
meddle
with
Institution
and
Induction
,
for
that
would
determine
the
Incumbency
,
which
is
tryable
at
the
Common
Law
.
Stewkley
and
Butlers
Case
.
1169.
In
Trespass
the
case
was
;
A.
seised
of
the
Mannor
of
D.
made
a
Lease
of
the
Scite
and
Demeans
to
the
Defendant
for
three
Lives
,
except
all
Tymber-trees
,
,
and
covenanted
that
his
Lessee
should
take
all
Woods
.
Afterwards
the
Lessor
bargained
and
sold
to
the
Lessee
all
those
the
Trees
,
Woods
,
and
Under-woods
,
growing
within
the
Mannor
;
viz.
within
the
Grounds
called
A.
B.
and
C.
Habendum
una
cum
omnibus
aliis
arboribus
,
within
the
Mannor
,
which
may
conveniently
be
spared
;
and
the
Bargainor
covenanted
that
it
should
be
lawful
for
the
Barganee
at
all
times
within
five
years
,
to
enter
and
cut
the
Trees
and
Woods
,
and
convert
them
to
their
own
uses
.
In
this
case
it
was
Resolved
;
1.
That
the
(
Viz.
)
was
void
;
for
a
(
Viz.
)
may
explaine
or
distribute
a
thing
precedent
,
but
not
restrain
it
.
2.
Resolved
that
the
una
cum
aliis
arboribus
in
the
Habendum
should
make
a
new
Grant
of
the
other
Trees
.
3.
Resolved
that
the
words
which
followed
the
una
cum
(
cest
'
)
una
cum
omnibus
arboribus
within
the
Mannor
,
which
could
be
spared
,
was
void
for
the
uncertainty
,
and
there
is
no
means
agreed
betwixt
the
parties
here
,
to
reduce
the
same
to
a
certainty
.
4.
Resolved
that
the
Covenant
of
the
Bargainor
,
that
it
should
be
lawfull
for
the
Bargainee
to
take
the
Trees
and
Woods
within
five
years
,
was
not
a
Condition
,
but
a
meer
Covenant
;
and
the
difference
was
taken
,
where
one
sells
all
his
Trees
to
be
taken
within
5
years
after
,
there
the
Vendee
shall
not
take
them
after
5
years
ended
;
but
if
the
time
of
taking
of
them
be
by
way
of
Covenant
,
there
it
shall
not
restraine
the
party
to
take
them
at
all
times
,
as
well
after
the
five
years
,
as
within
the
five
years
,
but
the
parties
are
to
have
their
remedy
by
an
Action
of
Covenant
upon
the
disturbance
:
Yet
it
was
said
by
Hatton
,
that
if
one
grants
his
Corn
growing
,
and
the
Grantee
doth
not
take
it
in
convenient
time
,
so
as
the
Grantor
receive
detriment
thereby
,
the
Grantor
shall
have
Action
upon
the
case
against
him
.
Hansons
Case
.
1170.
He
was
cast
over
the
Bar
because
he
gave
direction
in
writing
to
an
Under-Sheriff
,
what
persons
he
would
have
him
return
upon
a
Pannel
for
tryal
of
an
Issue
,
and
named
others
who
he
would
not
have
to
be
retorned
.
Kingswell
and
Crawleys
Case
.
1171.
Replevin
:
The
Defendant
avowed
for
Rent
,
for
that
I.
S.
held
of
him
by
Fealty
and
Rent
,
whose
Estate
the
Plaintiff
had
.
The
Plaintiff
said
I.
S.
enfeoffed
,
I.
N.
who
made
a
Lease
to
the
Plaintiff
for
Life
absque
hoc
,
that
he
had
the
estate
of
I.
S.
Resolved
that
the
Traverse
was
void
;
for
after
the
Statute
of
21
H.
8.
the
party
is
to
avow
upon
the
Land
,
and
then
it
is
not
material
what
Estate
the
Tenant
had
,
so
he
occupied
the
Land
;
but
before
the
said
Statute
,
it
had
bin
a
good
Plea
,
so
as
the
Statute
hath
changed
the
Law
for
the
Traverse
in
pleading
,
although
there
is
not
any
word
of
it
in
the
Statute
.
Andrews
and
the
Bishop
of
Yorks
Case
.
1172.
It
was
Resolved
,
that
is
a
good
Plea
in
an
Assize
of
Darrien
Presentment
,
that
the
Plaintiff
hath
a
Quare
Impedit
,
depending
the
same
avoidance
.
1173.
Words
;
viz.
He
hath
stollen
my
co●n
out
of
my
Barns
.
Adjudged
per
curiam
,
the
words
were
actionable
.
Hall
and
Wingfields
Case
.
1173.
The
Defendant
acknowledged
a
Recognizance
before
the
Lord
Hobart
at
Serjeants-Inn
in
Fleet-street
London
,
which
Recognizance
was
enrolled
in
the
Court
of
common
Pleas
:
The
Plaintiff
brought
debt
upon
this
Recognizance
in
the
Common
Pleas
,
and
layed
his
Action
in
London
:
Whether
it
ought
to
be
brought
in
Middlesex
where
the
Record
of
the
Judgment
was
,
or
in
London
,
was
the
Question
.
The
Justices
were
divided
in
several
opinions
;
Win●h
it
ought
to
be
in
Middlesex
,
where
it
is
enrolled
,
because
the
Debt
is
consummate
:
Warberton
,
it
may
be
in
any
County
where
the
party
pleaseth
:
Hutton
it
lieth
where
the
Record
is
:
Hobert
if
no
mention
had
bin
made
upon
the
Inrollment
of
the
Recognizance
before
the
Chief
Justice
at
Serjeants
Inn
,
it
ought
to
have
bin
brought
in
Middlesex
,
but
now
it
was
in
the
Election
of
the
Plaintiff
,
to
bring
it
either
in
London
or
Middlesex
;
vide
this
case
more
at
large
,
Hob.
Reports
195.
where
the
case
seems
to
be
Resolved
.
Lea
and
Pains
Case
.
1175
Debt
upon
Obligation
to
stand
to
an
Award
.
The
Plaintiffs
in
January
submitted
themselves
to
stand
to
the
award
of
I.
S.
for
all
Quarrels
,
Debates
,
Questions
stirred
,
moved
,
or
depending
.
I.
S.
in
April
made
an
Accord
,
that
the
Defendant
should
pay
to
the
Plaintiff
should
pay
Twenty
Nobles
in
discharge
of
all
Quarrels
,
&c.
It
was
objected
the
Award
was
void
,
because
the
Submission
did
not
extend
but
to
Quarrells
depending
at
the
time
of
the
Submission
,
which
was
in
January
,
and
the
Award
is
of
all
Quarrels
,
&c.
which
shall
be
intendable
at
the
time
of
the
Award
:
It
was
adjudged
for
the
Plaintiff
,
for
that
it
doth
not
appear
that
there
were
any
new
Quarrels
risen
between
the
Submission
and
the
Award
,
and
if
there
were
any
such
,
it
ought
to
have
been
shewed
on
the
Defendants
part
.
Heard
and
Baskervills
Case
.
1176.
Rplevin
;
The
Defendant
avowed
for
Rent
granted
12
E.
1
▪
and
shewed
the
discent
to
such
an
one
,
whose
Heir
he
is
,
but
did
not
shew
how
he
was
Heir
.
It
was
the
opinion
of
the
Court
,
that
he
is
not
to
shew
(
how
Heir
)
in
the
Writ
,
but
in
the
Declaration
,
and
the
shewing
how
Heir
,
is
but
matter
of
Form
,
because
not
traversable
,
but
Heir
or
not
Heir
,
is
only
Issuable
,
and
therefore
upon
a
general
Demurret
it
is
helped
by
the
Statute
of
27
Eliz.
But
not
pleading
of
the
Deed
of
the
Rent
shewed
in
Court
;
or
hic
in
curia
profert
,
is
matter
of
substance
not
aided
by
the
Statute
.
Speak
and
Richards
Case
.
1177.
The
Plaintiff
sued
Execution
upon
a
Recognizance
of
2000
l.
acknowledged
to
him
in
Chancery
by
I.
S.
and
others
,
and
upon
two
Nihils
retorned
upon
two
Scire
fac
.
in
Middlesex
,
a
Levari
issued
to
the
Sheriff
of
S.
the
Defendant
who
retorned
he
had
levyed
500
l.
towards
the
satisfaction
of
the
Plaintiff
,
and
that
he
had
it
ready
to
deliver
to
the
Plaintiff
;
and
because
upon
this
Return
,
upon
request
of
the
Plaintiff
he
had
not
paid
it
him
,
he
brought
Debt
against
the
Sheriff
.
The
Defendant
as
to
part
of
the
500
l.
viz.
300
l.
pleaded
nihil
debet
;
to
the
200
l.
he
pleaded
payment
,
and
thewed
an
Acquittance
:
the
Plaintiff
demurred
;
Judgment
was
given
for
the
Plaintiff
for
the
300
l.
and
for
the
200
l.
nihil
capiat
per
breve
,
because
the
Recept
and
the
Acquittance
is
confessed
by
the
Demurrer
.
Davison
and
Barkers
Case
.
1178.
Information
upon
the
Statute
of
5
Eliz.
for
using
the
Trade
of
a
Bakes
within
the
city
of
Norwich
,
not
having
been
an
Apprentice
seven
years
.
It
was
said
that
no
penalty
did
rise
to
the
Informer
,
for
a
penalty
which
did
accrue
within
the
city
of
N.
by
reason
of
this
branch
in
the
Statute
,
viz.
All
Amercements
,
Fines
,
Issues
,
and
Forfeitures
,
which
arise
within
any
City
or
Town
corporate
,
shall
be
levyed
,
gained
and
received
by
such
persons
as
shall
be
appointed
thereunto
by
the
Mayor
,
&c.
to
the
use
of
the
same
Cities
.
The
Justices
were
divided
in
their
opinions
.
vide
Croke
1.
part
130.
and
Hob.
Reports
183.
where
this
Case
seems
to
be
Resolved
.
Rynes
and
Mophams
Case
.
1179.
Action
upon
the
case
,
that
he
lent
the
Defendant
his
Mare
at
C.
to
plow
the
Defendants
Land
at
P.
and
safely
return
her
two
days
after
,
and
the
Defendant
overwrought
her
so
that
she
died
.
The
Venire
was
of
C.
only
,
where
the
Mare
was
delivered
,
and
not
where
she
was
labored
,
and
therefore
the
Judgment
was
reversed
.
Harbin
and
Greers
Case
.
1180.
Action
upon
the
case
:
A
custom
was
alledged
,
That
all
the
Inhabitants
of
certain
Messuages
holden
of
the
Bishop
of
S.
had
used
to
grind
their
Corn
which
they
used
to
spend
in
their
houses
,
or
should
sell
at
certain
Mills
called
the
Bishops
Mill
in
S.
and
not
elsewhere
without
the
License
of
the
Bishop
.
It
was
adjudged
the
custom
is
void
and
unreasonable
to
grind
all
their
Corn
,
which
they
should
sell
.
Dembyn
and
Browns
Case
.
1181.
A
Rent
was
jointly
granted
to
husband
and
wife
;
the
husband
died
,
the
wife
took
Administration
of
his
Goods
,
and
as
Administratrix
brought
Debt
for
the
Arrearages
incurred
in
the
Life
of
her
husband
.
Adjudged
the
Arrearages
were
due
to
her
in
jure
proprio
,
and
the
naming
of
her
Executrix
of
her
Husband
was
Surplusage
.
Wolley
and
Davenants
Case
.
1182.
A
Scire
fac
.
against
the
Bail
:
he
pleaded
that
the
Principal
reddidit
se
.
Adjudged
it
shall
be
tried
by
the
Record
,
and
not
by
the
Country
;
and
if
the
party
render
himself
at
the
Bar
,
and
the
Attorney
of
the
Plaintiff
is
not
there
to
pray
him
to
be
committed
,
he
shall
be
committed
ex
officio
by
the
Court.
Roberts
Case
.
1183.
A
man
25
H.
8.
seised
of
an
House
and
Lands
,
made
his
Will
in
these
words
,
viz.
I
bequeath
to
L.
my
wife
my
house
in
P.
with
all
the
Lands
thereunto
belonging
,
during
her
Life
;
and
after
her
decease
I
make
A.
B.
C.
and
D.
Feoffees
in
the
said
House
and
Lands
,
to
see
the
house
kept
in
reparations
,
and
the
rest
of
the
profits
of
the
same
Rents
after
the
discretion
of
the
said
Feoffees
,
to
be
bestowed
yearly
upon
the
Reparation
of
the
High-ways
of
W.
and
the
Town
.
The
Devisor
and
his
wife
being
both
dead
.
It
was
a
Question
,
the
Will
being
made
before
the
Statute
of
32
H.
8.
and
the
Land
not
in
use
,
whether
it
be
an
appointed
Limitation
or
Assignment
within
the
Statute
of
43
Eliz.
of
Charitable
uses
.
It
was
Resolved
that
the
said
intended
Devise
was
a
Limitation
,
or
an
appointment
to
a
Charitable
use
,
to
be
relieved
within
the
said
Statute
of
43
Eliz.
Sir
Tho.
Middletons
Case
.
1184.
Sir
Thomas
Middlenon
received
3000
l.
from
Queen
Eliz.
for
the
payment
of
the
Soldiers
which
returned
in
the
voyage
made
by
Sir
Francis
Drake
and
Sir
John
Hawkings
:
The
Captains
,
Mariners
,
ane
Soldiers
made
a
voluntary
constitution
that
every
Mariner
and
Soldier
should
abate
so
much
a
month
out
of
their
pay
to
be
imployed
for
the
relief
of
the
Mariners
and
Soldiers
which
were
maimed
or
hurt
in
that
Service
,
of
which
abatement
there
was
300
l.
in
the
hands
of
Sir
Thomas
Middleton
.
It
was
Decreed
upon
a
commission
upon
the
Statute
of
43
Eliz.
that
this
300
l.
was
a
charitable
use
within
the
Statore
,
and
Sir
Thomas
was
decreed
to
pay
the
money
to
the
said
use
.
Rivers
Case
.
1185.
A
Copyholder
in
Fee
devised
14
Acres
of
his
Copyhold
Lands
to
his
Son
and
his
Heirs
upon
condition
to
employ
the
profits
thereof
for
the
Relief
of
the
poor
of
S.
for
ever
,
and
died
,
no
surrender
being
made
to
the
use
of
his
Will
,
either
before
or
after
.
I.
S.
purchased
this
Copyhold
Land
,
upon
a
Commission
upon
the
Statute
of
43
Eliz.
this
charitable
Use
was
found
,
and
that
the
profits
had
not
been
employed
accordingly
.
It
was
decreed
that
the
Purchasor
having
notice
of
the
said
charitable
use
,
should
pay
12
years
arrearages
,
according
to
the
value
of
the
Land
at
7
l.
10
s.
per
annum
,
to
be
paid
for
ever
by
the
Purchasor
and
his
Heirs
,
for
the
relief
of
the
Poor
,
and
that
he
and
his
Heirs
should
hold
and
enjoy
the
Lands
for
ever
.
Vochel
and
Dancastels
Case
.
1186.
In
Debt
for
Rent
,
upon
a
Lease
for
years
;
the
Defendant
pleaded
,
that
the
Lease
was
made
to
one
H.
and
the
Defendant
,
and
that
H.
his
Companion
,
1
Jac.
before
the
Lease
made
,
acknowledged
a
Statute
to
I.
S.
of
200
l.
who
died
,
and
that
his
Executors
sued
execution
upon
the
Statute
,
and
that
the
Plaintiff
the
Lessor
beng
Sheriff
,
returned
that
H.
was
seised
of
the
Land
in
Fee
,
at
the
time
of
the
Statute
acknowledged
;
and
that
the
ousted
the
Defendant
,
and
put
the
Executors
in
possession
of
the
Land
,
and
demanded
Judgment
if
upon
this
answer
so
retorned
by
the
Plaintiff
himself
,
he
should
pay
the
Rent
;
and
because
he
did
not
shew
that
an
Inquisition
issued
and
was
taken
for
the
extent
,
the
eviction
pleaded
of
the
Lease
was
not
good
,
and
Judgment
was
given
for
the
Plaintiff
.
1187.
A.
was
possessed
of
a
Ship
lying
at
Anchor
at
Lym-house
;
I.
S.
a
Merchant
of
Lyn
seised
the
Ship
with
the
Tackle
at
Lym-house
,
and
sued
A.
in
the
Court
of
Admiralty
,
setting
forth
that
he
was
possessed
of
the
Ship
upon
the
Sea
infra
jurisdictionem
Curiae
Admiralitatis
.
A
Prohibition
was
granted
in
this
case
,
for
that
it
did
not
appear
to
the
Court
that
any
wrong
was
done
upon
the
Sea
;
and
they
agreed
that
Lyn-house
,
was
infra
corpus
Comitatus
,
and
not
within
the
Jurisdiction
of
the
Admiralty
.
Lee
and
Arrowsmiths
Case
.
1188.
Debt
for
300
l.
and
counted
upon
many
Emissets
,
and
upon
a
Simul
computasset
,
and
that
all
the
particular
Sums
amount
to
300
l.
The
Jury
found
Debt
for
40
l.
only
,
and
no
debt
for
the
residue
;
there
were
variances
betwixt
the
original
which
was
300
l.
and
the
particulars
which
amount
to
29
l.
The
Court
sad
it
was
no
default
in
the
Clerk
,
but
in
the
Client
himself
,
who
did
not
well
instruct
him
in
the
particulars
;
but
upon
the
Oath
of
the
Attorney
,
that
he
instructed
the
Clerk
to
declare
upon
all
the
Emissets
,
and
to
make
a
supply
upon
the
Insimul
computaverint
of
the
Residue
,
the
Declaratton
was
amended
,
and
Judgment
was
given
for
the
Plaintiff
.
Loder
and
Samuels
Case
.
1189.
In
a
Replevin
:
the
Defendants
avowed
for
an
Amercement
of
10
l
:
assessed
in
a
Leet
for
not
repairing
of
a
way
,
which
by
custom
they
ought
for
to
repair
;
It
being
found
for
the
Avowants
,
the
Jury
assessed
costs
and
damages
.
It
was
objected
that
the
costs
and
damages
ought
not
to
be
given
by
the
Statute
of
21
H.
8.
which
did
not
extend
to
Amercements
in
Turnes
or
Leets
;
but
it
was
holden
the
costs
and
damages
were
well
assessed
;
vide
Cook
8.
part
,
Greaslys
Case
,
and
Joyners
Case
,
that
the
Avowment
for
an
Amercement
in
a
Leet
,
should
have
costs
and
damages
.
Sir
George
Sherly
and
Underhills
Case
.
1190.
Quare
impedit
;
The
Plaintiff
declared
,
that
he
was
seised
of
the
Mannor
of
N.
and
that
the
Advouson
of
the
Viccarige
was
appendant
to
the
Mannor
.
The
Defendant
made
title
to
the
Advowson
as
appendant
to
the
Rectory
impropriate
of
N.
and
then
it
came
to
the
Crown
by
the
Statute
of
Dissolution
,
and
that
the
Queen
granted
to
him
the
Rectory
with
the
Advowson
of
the
Vicarige
,
absque
hoc
that
the
Advowson
of
the
Viccarige
was
appendant
to
the
Mannor
.
Resolved
,
that
the
Advowson
of
the
Viccarige
of
Common
right
is
Appendant
to
the
Rectory
,
but
it
may
be
Appendant
to
the
Mannor
as
if
the
Rectory
before
the
appropriation
was
Appendant
to
the
Mannor
,
the
Advowson
of
the
Vicarige
may
well
be
reserved
to
the
Patron
;
and
so
shall
be
Appendant
as
the
Advowson
of
the
Rectory
was
.
Eyre
and
Bannisters
Case
.
1191.
In
ejectione
firme
,
A
challenge
was
to
the
array
because
the
Sheriff
was
chosen
by
the
Lessor
,
it
was
adjudged
it
was
no
principal
challenge
,
but
a
challenge
for
favour
only
.
But
it
was
said
in
this
Case
,
That
if
the
●ease
had
been
ended
to
be
made
for
tryall
of
the
Title
,
and
that
the
Action
was
preferred
at
the
costs
of
the
Lessor
,
then
been
a
principal
chalenge
,
but
not
without
such
amendment
.
Pauton
and
Chowles
Case
▪
1192.
Debt
by
an
Administrator
of
Elianor
,
upon
an
Obligation
the
Defendant
said
the
intestate
in
her
life
by
the
name
of
Ellen
released
to
him
all
Debts
and
demands
.
The
Plaintiff
replyed
,
Non
est
factum
Elianorae
,
which
was
so
found
by
verdict
;
It
was
said
that
the
same
being
matter
in
Law
ought
not
to
have
been
found
by
verdict
.
Resolved
that
none
can
make
an
Obligation
,
or
other
writing
by
a
contrary
name
of
Baptisme
,
and
said
that
Non
est
factum
was
a
proper
Issue
,
and
that
the
Jury
had
found
according
to
Law
,
and
if
the
Jury
had
found
the
special
matter
,
yet
it
should
not
be
adjudged
to
Bar
the
Plaintiff
.
Dibly
and
Doares
Case
.
1193.
Trespass
by
the
Plaintiff
against
Tho.
Doare
and
Barthol
.
Doare
,
and
the
Plaintiff
declared
in
Trespass
against
Tho.
Clausum
fregit
&
averia
cepit
&
imparcavit
.
It
being
found
for
the
Plaintiff
,
many
exceptions
were
taken
in
stay
of
Judgement
,
viz.
the
Declaration
was
,
that
Tho.
simul
cum
Bartholmew
,
Clausa
fregerunt
,
in
the
plural
number
.
2.
That
the
Register
is
,
&
curia
sua
sine
rationabili
Causa
imparcavit
,
which
works
(
sine
rationabili
Causa
)
were
omitted
in
the
Declaration
.
3.
One
of
the
Juries
names
in
the
venire
was
written
Edrus
without
any
dash
,
and
in
the
distresse
was
Edwardus
,
all
which
exceptions
were
over-ruled
by
the
Court
,
and
Judgmene
was
entred
for
the
Plaintiff
.
Colt
and
the
Bishop
of
Coventry
and
Litchfields
Case
.
1194.
Quare
Impedit
.
The
Plaintiffs
declared
that
W.
H.
was
seised
of
the
Advowson
of
Clision
Camvile
in
Fee
,
and
granted
the
next
Avoidance
to
them
,
and
that
the
Church
became
void
by
the
death
of
W.
W.
for
which
they
presented
,
and
the
Defendant
did
disturb
them
:
The
Defendant
said
that
W.
W.
was
Incumbent
,
and
accepted
another
Benefice
of
the
value
of
8
l.
by
which
the
first
became
void
,
and
pleaded
the
Statute
of
25
H.
8.
of
Dispensations
to
be
granted
by
the
Archbishop
,
and
that
the
Archbishop
granted
to
him
a
Dispensation
,
to
hold
the
Church
with
his
Bishoprick
,
and
with
one
or
more
Benefices
with
Cura
in
commendam
,
of
what
quality
,
value
,
or
dignity
,
with
a
Proviso
,
and
all
those
taken
in
commendam
,
did
not
exceed
200
l.
in
the
Kings
Books
,
and
pleaded
the
confirmation
of
the
Dispensation
by
the
King
under
the
Great
Seal
,
and
that
he
took
this
Benefice
,
and
traversed
that
the
Church
was
void
by
the
death
of
W.
W.
upon
which
Plea
the
Plaintiffs
demurred
in
Law
.
The
Case
for
matter
of
difficulty
was
adjourned
out
of
the
Common
Pleas
into
the
Exchequer
Chamber
;
there
it
was
argued
by
eight
of
the
Judges
,
that
Judgment
ought
to
be
given
for
the
Plaintiff
,
and
that
both
the
Dispensation
and
the
Commendam
granted
to
the
Bishop
,
were
void
in
Law
,
and
that
principally
for
seven
Reasons
.
Vide
the
Causes
and
Reasons
in
the
Abridgment
of
this
case
,
out
of
Hobarts
Reports
,
fol.
141.
to
164
:
and
Abridgment
in
my
Grand
Abridgment
,
in
the
Title
of
Appropriations
,
fol.
206
,
207
,
208.
to
which
I
refer
you
.
Cases
of
Prohibition
.
Morice
and
Smiths
Case
.
1195.
Suit
was
by
Husband
and
wife
in
the
Ecclesiastical
Court
for
calling
the
Wife
Witch
;
a
Prohibition
was
prayed
and
denied
,
because
a
Defamation
for
which
no
Action
could
lie
at
common
Law
;
Quaere
,
for
since
1
Jac.
an
Action
at
Law
lies
for
the
Words
.
1196.
Upon
a
Suit
to
revoke
an
Administration
,
the
Judge
in
the
Ecclesiastical
Court
,
would
have
examined
the
party
upon
Covenants
,
and
what
Land
he
had
by
discent
,
and
a
Prohibition
was
awarded
.
Collier
and
Colliers
Case
.
1197.
The
Spiritual
Judge
would
have
examined
the
parties
in
a
Suit
of
Incontinency
upon
their
Oaths
,
if
they
committed
the
Fact
or
not
,
and
a
Prohibition
was
awarded
.
Manns
Case
.
1198.
He
was
sued
in
the
Spiritual
Court
,
for
the
marrying
of
one
of
his
wives
sisters
Daughters
,
and
a
Prohibition
awarded
,
because
such
marriage
is
forbidden
by
the
Levitical
Court
.
Sherburn
and
Clerks
Case
.
1199.
Suit
was
in
the
Spiritual
Court
for
the
Tythe
of
wood
,
in
a
Park
:
There
was
a
surmise
for
a
Prohibition
,
that
a
Modus
had
bin
paid
time
out
of
mind
to
the
Vicar
for
the
Tythes
of
the
Wood
there
;
the
Parson
sued
in
the
Spiritual
Court
,
and
because
the
right
of
Tythes
came
in
debate
betwixt
the
Parson
and
Vicar
,
a
Prohibition
was
denied
by
the
Court.
Fryer
and
Bestneys
Case
.
1200.
The
Question
was
in
the
Spiritual
Court
,
whether
the
Tythe
Hay
did
belong
to
the
Parson
or
the
Vicar
,
a
suggestion
being
of
a
Modus
to
be
paid
to
the
Vicar
.
It
was
doubted
if
a
Consultation
should
be
in
the
case
;
the
ground
of
the
Prohibition
,
being
a
Modus
decimandi
.
Bagnell
and
Stoakes
Case
.
1201.
A
Prohibition
was
granted
after
a
Sentence
in
the
Spiritual
Court
,
for
a
Legacy
in
a
Suit
where
a
Release
was
pleaded
,
and
they
refused
to
allow
of
it
,
because
proved
but
by
one
Witness
.
Forster
and
Peacocks
Case
.
1202.
Resolved
that
for
Birch
,
above
the
age
of
Twenty
years
growth
,
Tythes
should
be
paid
.
Wray
and
Clenches
case
.
1203.
Resolved
,
That
of
small
Oakes
,
under
Twenty
years
growth
,
apt
for
Tymber
in
time
to
come
,
shall
not
pay
Tythes
.
Ran
and
Patisons
Case
.
1204.
Of
Dotard
Trees
,
although
converted
to
Fire-wood
,
Tythes
shall
not
be
paid
.
Broke
and
Rogers
case
.
1205.
Resolved
,
Tythes
shall
not
be
paid
of
the
toppings
and
loppings
of
Trees
,
which
are
aridae
,
cavae
,
&
in
culmine
putridae
,
where
the
bodies
of
the
Trees
being
Tymber
,
are
discharged
being
20.
years
growth
,
of
Tythes
.
Sovell
and
Woods
Case
.
1206.
The
Clerk
of
a
Parish
prescribed
that
he
and
his
Successors
had
used
to
have
5
s.
per
annum
of
the
Parson
for
the
Tythes
of
a
certain
place
within
the
Parish
,
and
a
consulation
was
awarded
,
because
a
Clerk
Dative
and
Removeable
cannot
prescribe
.
Libb
and
Watts
Case
.
1207.
Resolved
that
Tythes
shall
not
be
paid
of
Slates
,
nor
of
the
Quarreys
of
Slate
or
Coale
.
1208.
A
Prohibition
was
prayed
where
the
Parson
sued
in
the
Spiritual
Court
for
Tythe
of
Pigeons
,
and
awarded
to
stand
,
because
the
Court
thereof
would
not
allow
their
proof
without
two
Witnesses
.
Bedingfield
and
Feakes
Case
.
1209.
The
Parson
had
the
great
Tythes
,
and
the
Vicar
minutas
decimas
;
Land
within
the
Parish
was
sowed
with
Safforn
;
the
Vicar
sued
in
the
Spiritual
Court
for
the
Tythe
of
the
Safforn
:
Resolved
,
Safforn
is
minuta
decima
,
and
the
Vicar
shall
have
it
,
although
the
Land
had
paid
Tythe
corn
before
.
Sherington
and
Fleetwords
Case
.
1210.
Resolved
that
Land
that
was
not
barren
of
its
own
nature
,
but
is
become
unprofitable
by
ill
Husbandry
or
negligence
,
is
not
priviledged
by
the
Statute
of
2
Ed.
6.
to
be
discharged
for
the
first
seven
years
of
Tythes
.
Austin
and
Lucas
Case
.
1211.
Resolved
,
That
of
Broom
or
Fewel
spent
in
a
House
within
the
Parish
,
Tythes
shall
not
be
paid
.
Awberies
Case
.
1212.
Suit
was
in
the
Spiritual
Court
for
the
Tythe
of
the
Aftermowings
of
Grass
,
and
upon
a
Surmise
that
the
Occupiers
of
the
Land
had
used
to
make
the
first
cutting
of
the
Grass
into
cocks
for
Hay
,
and
to
pay
the
Tenth
cock
thereof
in
satisfaction
of
the
first
and
after-mowing
,
a
Prohibition
was
awarded
.
Green
and
Handlies
Case
.
1213.
Resolved
,
Tythes
shall
not
be
paid
of
the
Rakeings
of
corn
,
unless
it
be
a
covenous
Raking
to
deceive
the
Parson
.
2.
That
it
is
a
good
custom
to
pay
the
Tythe
wool
at
Lammas
day
,
though
it
be
due
upon
the
clipping
.
3.
That
for
the
Pastorage
of
young
barren
Cattel
preserved
for
the
Pail
or
Plough
,
no
Tythe
shall
be
paid
.
4.
That
a
Prescription
to
pay
a
penny
called
a
Hearth-penny
,
in
satisfaction
of
the
Tythe
of
all
combustible
wood
,
is
a
good
Prescription
.
Blincoes
Case
.
1214.
Resolved
if
the
Vicar
be
endowed
of
all
Petty
Tythes
of
all
the
Lands
within
the
Parish
,
yet
he
shall
not
have
Tythes
of
the
Gleab
of
the
Parson
;
for
Ecclesia
Ecclesiae
dec
mare
non
d●bet
.
But
if
the
Parson
Lease
out
his
Gleab
,
the
Vicar
shall
have
minutas
decimas
of
the
Lessee
.
Gresham
and
Lucas
Case
.
1215.
Suit
in
the
Spiritual
Court
for
the
Tythes
of
Milchkyne
,
Steers
,
Oxen
and
Horses
;
A
Surmise
was
made
to
pay
one
penny
for
every
milch
Cow
,
a
half-penny
for
every
other
Cow
,
and
a
half-penny
for
every
Mare
,
in
satisfaction
of
all
Cows
,
Horses
,
Steers
,
and
other
Chattell
.
A
special
consultation
was
awarded
,
dummodo
non
tractatur
de
vaccis
mulcibilibus
,
bobis
Ca●ucae
,
nec
bestiis
agist
'
propro●icuo
domus
.
1216.
A
Custom
to
pay
a
half-penny
for
the
Wool
de
ovibus
venditis
,
after
shearing
,
and
before
Mich.
was
adjudged
a
good
custom
,
Mich.
38
Eliz.
Austin
and
Pigotts
Case
.
1217.
It
was
surmised
in
the
Spiritual
Court
,
that
the
Parson
had
twenty
Acres
of
Pasture
,
ten
Acres
of
Wood
in
satisfaction
of
all
the
Tythes
of
the
Land
in
demand
;
he
failed
in
the
precise
proof
of
his
whole
Surmise
;
for
he
proved
the
the
twenty
Acres
of
Pasture
,
but
not
the
ten
Acres
of
Wood
;
and
a
Prohibition
was
granted
,
and
it
was
said
it
was
not
material
to
shew
by
what
Title
the
Patron
had
the
Land
;
but
if
he
had
the
same
in
any
other
manner
,
the
Parson
is
to
shew
it
,
and
a
Prohibition
was
granted
.
Green
and
Pipes
Case
.
1218.
Suit
was
for
the
Tythes
of
an
house
in
London
;
a
Prohibition
was
paid
upon
a
Surmise
that
the
house
was
a
Priory
which
was
discharged
or
Tythes
by
the
Popes
Bull
,
and
the
Statute
of
31
H.
8.
which
gave
their
Possessions
to
the
Crown
;
did
ordain
that
the
King
and
his
Patentee
of
such
Lands
,
should
be
discharged
of
Tythes
;
yet
a
consultation
was
awarded
,
because
by
a
Latter
Statute
viz.
37
H.
8.
c.
1.
all
houses
in
London
shall
pay
Tythes
according
to
their
Ordinances
,
and
that
Statute
extends
to
all
houses
,
and
none
excepted
but
the
house
of
Noblemen
.
Le●gh
and
Woods
Case
.
1219.
Resolved
if
the
Owner
sets
forth
his
Tythes
,
and
a
Stranger
takes
them
,
no
Suit
shall
be
for
the
same
in
the
Spiritual
Court
.
But
if
the
Owner
himself
,
after
he
hath
once
set
forth
his
Tythes
,
takes
them
away
again
,
the
Parson
may
sue
him
in
the
Spiritual
Court
for
the
Tythes
.
Beadle
and
Stermons
Case
.
1120.
Resolved
that
an
Action
upon
the
Statute
of
2
E.
6.
for
not
setting
forth
of
Tythes
,
lieth
by
the
husband
and
wife
in
the
Temporal
Court
,
and
so
it
was
adjudged
in
Wentworth
and
Crispes
case
,
which
vide
there
.
Stebs
and
Goodtriks
Case
.
1221.
The
custom
of
L.
in
the
County
of
B.
was
alledged
that
the
Parson
ought
to
have
the
Tenth
Land
of
corn
,
beginning
at
such
Land
which
was
next
to
the
Church
;
the
Occupiers
of
the
Land
,
to
defraud
the
Parson
by
Covin
,
did
not
sowe
their
Tenth
Land
nor
manure
it
;
The
Parson
sued
for
Ththe
in
Kinde
to
have
the
tenth
Cock
for
Tythe
of
the
Corn
sowed
,
and
a
Prohibition
awarded
,
notwithstanding
the
Covin
,
because
he
had
remedy
at
the
common
Law
for
the
Fraud
,
and
a
Prohibition
was
awarded
.
Quarles
and
Spartings
Case
.
1222.
The
Temples
were
dissolved
,
and
their
Possessions
and
Priviledges
by
Act
of
Parliament
17
E.
2.
transferred
to
St
Johns
of
Jerusalem
,
and
their
Possessions
by
Act
of
Parliament
32
H.
8.
cap.
24.
given
to
the
King
:
It
was
Resolved
that
the
King
and
his
Patentees
should
pay
Tythes
of
those
Lands
,
although
the
Lands
propriis
sumptibus
excolantur
,
because
the
Priviledge
to
be
discharged
of
Tythes
,
is
proper
to
Sipritual
persons
,
and
ceaseth
when
the
person
Spiritual
is
removed
:
And
the
Statute
of
31
H.
8.
of
Dissolution
did
not
extend
to
such
Lands
as
came
to
the
King
by
special
Act
of
Parliament
,
as
these
Lands
of
St.
Johns
of
Jerusalem
did
.
Bakers
and
Rogers
Case
.
1223.
The
Church
being
void
,
B.
contracted
with
the
Patron
for
180
l.
to
have
the
Presentation
,
and
thereupon
presented
W.
his
Brother
,
who
knew
nothing
of
the
Symonaical
contract
,
till
after
his
Induction
;
notwithstanding
he
was
deprived
in
the
Spiritual
Court
,
because
he
was
Symoniace
promotus
;
and
it
was
holden
in
this
case
,
That
if
a
Usurper
present
by
Symonie
,
the
Clerk
is
punishable
in
the
Spiritual
Court
for
the
Symonie
,
although
the
Patron
doth
recover
the
Advowson
,
and
the
Presentation
.
Sir
Richard
Chapman
and
Hills
Case
.
1224.
Debt
brought
upon
the
Statute
of
2
E.
6.
for
not
setting
forth
of
Tythes
,
and
declated
upon
two
Leases
,
one
of
the
Parson
who
had
two
parts
,
and
another
of
the
Viccar
who
had
the
third
part
:
The
Defendant
pleaded
Not
Guilty
,
which
was
found
against
him
.
It
was
moved
in
stay
of
Judgment
that
Not
Guilty
,
was
no
Plea
,
but
Nihil
debet
ought
to
be
pleaded
,
and
that
the
Plaintiff
ought
to
have
brought
several
Actions
,
being
several
Demises
;
both
Exceptions
over-ruled
by
the
Court.
1.
That
Not
Guilty
was
a
good
Plea
,
2.
for
that
the
Suit
was
for
the
wrong
,
aswell
as
upon
the
Title
.
Day
and
Peckvells
Case
.
1225.
It
was
Resolved
in
this
case
upon
the
Statute
of
2
Ed.
6.
that
the
Statute
giving
Treble
Damages
,
the
Jury
cannot
give
other
damages
.
2.
That
the
Jury
cannot
give
Costs
.
3.
That
two
Farmors
may
joyn
in
one
Action
upon
this
Statute
.
4.
That
a
Farmor
shall
have
an
Action
upon
the
Statute
,
although
the
Statute
doth
not
give
him
an
Action
by
Equity
of
the
Statute
,
because
he
hath
the
right
to
the
Tythes
,
and
the
agreement
with
one
Farmer
,
shall
bind
his
Companion
.
The
Queen
and
Blanches
Case
.
1226.
Resolved
that
the
Certificate
of
the
Bishop
,
that
the
Incumbent
refused
to
pay
his
Tenths
,
is
not
Peremptory
but
Traversable
,
and
that
the
demand
of
the
Tenths
must
be
at
the
house
of
the
Incumbent
,
and
the
refusal
there
.
Kelley
and
Walkers
Case
.
1227.
Suit
was
in
the
Spiritual
Court
,
for
laying
violent
hands
upon
a
Clerk
.
It
was
surmised
there
that
the
Clerk
assaulted
the
Plaintiffs
Servant
,
for
which
the
Plaintiff
peaceably
laid
his
hands
upon
the
Clerk
,
which
allegation
they
would
not
allow
of
there
,
and
a
Prohibition
was
awarded
,
notwithstanding
the
Statute
de
Articulis
Cleri
.
Sir
Robert
Lane
and
Pigotts
Case
.
1228.
It
was
Resolved
in
this
case
,
that
if
Lessee
for
years
be
sued
in
the
Spiritual
Court
for
Tythes
,
he
in
the
Reversion
may
have
a
Prohibition
.
Smith
and
Sherburnes
Case
.
1229.
The
Incumbent
being
sick
,
the
Father
contracted
for
100
l.
in
the
presence
of
his
Son
for
the
next
Avoidance
,
and
after
the
Incumbent
died
,
and
the
Father
presented
his
Son
;
after
Induction
he
was
sued
in
the
Spiritual
Court
,
to
be
deprived
;
he
pleaded
the
General
Pardon
of
35
Eliz.
in
which
Symonie
was
not
excepted
.
It
was
the
opinion
of
the
Justices
,
that
notwithstanding
he
was
deprivable
there
;
and
in
this
case
it
was
adjudged
that
the
Presentment
of
the
Father
of
the
Son
,
was
Symonie
.
Reynolds
Case
.
1230.
The
Church-warden
and
Parson
;
that
all
those
who
had
the
house
wherein
the
said
Reynolds
did
dwell
,
had
used
to
find
meat
and
drink
for
them
and
the
Parson
,
going
in
Procession
in
Rogation
week
,
at
his
house
;
and
because
he
did
not
find
them
meat
and
drink
,
he
sued
them
in
the
Spiritual
Court
,
and
a
Prohibition
was
awarded
,
because
the
custom
was
a
custom
against
the
Law
.
Dorringtons
Case
.
3231.
He
sued
in
the
Admiralty
,
because
his
Ship
called
the
S.
lying
upon
the
Thames
at
R●driff
at
anchor
,
was
there
broken
by
the
Ship
called
the
Aeneas
by
the
negligence
of
the
Officers
thereof
;
and
a
Prohibition
was
awarded
,
because
the
Thames
is
Infra
corpus
Comitatus
,
and
not
within
the
Jurisdiction
of
the
Admiralty
.
Saccars
Case
.
1232.
Resolved
that
a
Prohibition
is
awardable
against
any
who
wasts
the
Houses
of
the
Parson
the
Incumbent
,
or
cuts
down
the
Trees
,
or
doth
other
waste
.
Lanes
Case
.
1233.
Resolved
Tythes
shall
not
be
paid
of
Wood
under
20.
years
growth
,
which
is
imployed
in
hedg-poles
,
for
repairing
of
the
Coppices
.
Biggs
Case
.
1234.
Resolved
,
where
a
Prohibition
is
awarded
upon
a
Suggestion
of
a
Modus
Decimandi
,
and
a
consultation
awarded
for
not
proving
the
Suggestion
within
six
months
,
there
a
new
Prohibition
shall
not
be
awarded
upon
an
Appeal
in
the
same
Suit
.
Babingtons
Case
.
1235.
Resolved
,
If
one
be
sued
in
the
Spiritual
Court
ex
officio
,
or
by
Libel
,
and
he
demands
the
Copy
of
the
Libell
which
is
denied
,
that
a
Prohibition
lieth
in
such
case
.
vide
Statute
2
H.
4.
Lloyd
and
Maddox
Case
.
1236.
An
Executor
was
sued
in
the
Spiritual
Court
for
a
Legacy
,
who
pleaded
a
Recovery
in
debt
against
him
at
the
common
Law
,
ultra
which
to
satisfie
,
he
had
no
assetts
:
The
Plaintiff
there
said
the
Recovery
was
by
Covin
,
and
that
the
Plaintiff
who
recovered
the
Debt
,
offered
to
discharge
the
Judgment
,
and
the
Defendant
would
not
do
it
.
Resolved
that
the
Covin
was
properlie
examinable
in
the
Spiritual
Court
,
because
the
Lgatee
could
not
sue
for
the
Legacy
at
the
common
Law
,
and
therefore
a
Prohibition
in
this
case
was
denied
.
Barnard
and
Bridgmans
Case
.
1237.
Resolved
in
this
case
,
that
if
the
Master
of
a
Ship
gage
a
Ship
in
Spain
for
50
l.
and
for
that
the
Ship
is
attached
in
the
Thames
at
its
return
,
the
Owner
of
the
Ship
shall
have
a
Prohibition
;
otherwise
if
the
Ship
be
engaged
for
necessary
Tacle
,
the
Owner
shall
pay
it
.
FINIS
.