1
THe
act
of
God
shall
prejudice
no
man
.
Upon
this
reason
it
is
if
the
heire
at
full
age
tender
Livery
,
and
dye
within
three
moneths
,
8
Report
Halls
Case
.
which
is
the
time
given
by
law
to
finish
his
Livery
,
he
shall
have
no
prejudice
,
but
as
much
benefit
as
if
he
had
actually
sued
it
forth
,
and
the
interest
of
the
King
is
determined
.
Lessee
for
the
life
of
I.S.
is
disseised
,
now
to
recover
the
mean
profit
the
Law
requires
an
entry
,
if
I.S.
dye
,
which
is
the
act
of
God
,
by
which
his
entry
is
taken
away
,
he
shall
mayntain
an
action
of
trespasse
without
entry
,
38
H.
6.
28.
and
recover
the
mean
profits
.
Lessee
Covenant
to
leave
a
wood
in
such
plight
as
it
was
in
time
of
the
lease
,
it
is
subverted
by
tempest
,
he
is
excused
of
his
Covenant
.
1
Report
.
98.
The
same
Law
is
of
impossibility
,
as
if
it
be
impossible
to
gain
actuall
seisin
,
in
such
case
tenancy
by
the
courtesie
shall
be
without
it
,
as
in
case
of
Rent
and
Advowson
,
and
the
wife
dye
before
the
rent
day
,
&c.
2
H.
3.
Exception
out
of
this
rule
is
,
if
the
act
of
God
is
not
so
meerly
,
but
the
folly
of
the
party
intermixed
,
as
where
after
battle
joined
,
one
of
the
parties
becomes
blind
by
his
own
folly
it
shall
not
excuse
him
which
otherwise
would
.
A
River
changeth
his
course
and
runs
upon
my
ground
,
22
Ass.
93.
the
common
road
shall
be
upon
this
as
formerly
,
because
it
is
not
meerly
the
act
of
God
,
but
my
negligence
.
In
like
manner
,
the
rule
of
Impossibility
fails
where
it
was
known
to
me
before
,
4
H.
6.
3.
and
therefore
if
I
am
bound
to
go
to
Rome
and
return
in
one
day
the
bonds
good
.
So
if
the
matter
was
not
meerly
impossible
,
as
if
I.
S.
assume
to
carry
goods
safe
by
water
,
and
they
are
overthrowne
by
tempest
,
this
shall
not
excuse
him
because
he
might
have
carried
them
another
way
,
32
Eliz
.
&c.
but
if
the
carriage
was
to
be
by
Sea
otherwise
it
had
been
.
Lastly
,
impossibility
shal
not
excuse
where
no
person
is
in
being
at
the
time
to
receive
hurt
by
the
impossibility
,
as
tenant
for
life
is
the
remainder
to
the
right
heires
of
I.
S.
Tenant
for
life
is
disseised
,
1
Report
Case
Archer
.
and
disseisor
levies
a
fine
at
the
Common
Law
,
I.
S.
dyes
,
his
right
heire
shall
be
bound
,
&c.
though
it
was
impossible
he
should
make
claime
,
or
entry
for
to
avoid
it
,
&c.
2
Act
of
a
Court
shall
prejudice
no
man
&
contra
.
In
assize
a
verdict
is
given
for
the
Plantiffe
and
at
this
time
Corne
was
growing
upon
the
land
,
the
assize
is
adjourned
into
the
Common
Place
and
before
judgment
given
the
corne
is
severed
and
taken
away
,
41
E.
3.
19.
he
which
recovered
shall
lose
the
Corne
by
this
adjournment
.
A
man
ought
to
have
the
priviledge
of
the
Chancery
,
as
servant
,
35
H.
6.
3.
the
Court
advises
upon
it
,
and
in
the
mean
time
the
master
is
dicharged
of
his
office
,
yet
the
servant
shall
have
his
priviledge
.
The
Court
inlargeth
him
that
is
in
execution
contrary
to
the
Law
,
2
E.
4.
8.
it
s
said
the
party
is
without
remedy
,
utlagarie
after
judgment
is
pardoned
by
the
Chancellor
,
the
debt
not
satisfied
which
is
a
wrong
,
2
Eliz
.
Dyer
172.
It
s
left
doubtfull
whether
the
party
can
have
any
remedy
,
yet
for
the
most
part
the
party
shall
not
be
prejudiced
,
as
if
the
Court
advise
upon
a
protection
and
before
the
day
,
in
Bench
the
protection
is
repealed
,
10
H.
6.
6.
or
a
Writ
of
Errour
cast
in
upon
the
first
Record
,
upon
which
this
in
question
depends
,
yet
the
Court
will
give
judgment
.
After
Counsance
of
plea
prayed
,
35
H.
6.
54.
the
Court
gives
a
continuance
,
this
shall
not
hinder
the
party
to
have
Conusance
of
plea
.
See
Institutes
3.
title
Appeal
.
3
Who
shall
do
the
first
Act
,
where
it
is
doubtfull
.
Hee
that
shall
have
advantage
by
it
shall
do
it
,
14
H.
8.
18.
the
condition
of
a
bond
is
if
the
obligor
resigne
his
Benefice
for
a
pension
to
be
granted
to
him
as
they
can
agree
,
then
the
bond
to
be
void
.
It
is
not
sufficient
to
agree
of
the
pension
,
but
the
obliegee
shal
tender
a
deed
for
the
assuring
of
it
to
the
obligor
.
So
where
a
Covenant
is
to
assure
the
Mannor
of
D.
to
I.
S.
before
Michael
.
next
,
as
Counsell
shall
advise
the
Counsell
of
I.S.
shall
give
the
advise
,
and
also
tender
the
assurance
.
Note
where
the
thing
is
certain
to
be
done
,
hee
which
is
bound
in
assumpsit
,
or
a
bond
shall
do
it
to
to
save
an
action
,
and
damage
to
be
recovered
against
him
.
Assumpsit
to
make
a
feoffment
to
I.
S.
is
,
and
an
action
is
brought
without
request
or
tendor
of
any
deed
of
feoffment
,
and
well
mayntainable
because
the
other
may
make
it
without
deed
and
request
is
not
agreed
upon
.
Condition
of
a
bond
is
that
the
obligee
shall
bring
three
ells
of
cloth
to
the
shop
of
the
obligor
which
shall
be
measured
,
Old
book
entries
,
5.
the
obligor
shall
do
it
to
save
his
bond
,
aliter
est
,
E.
3.
Car
.
per
Noy
.
in
Casu
&
Brown
Stroude
.
if
the
obligor
is
the
tailor
.
An
obligation
is
to
build
a
house
,
as
I.S.
shal
devise
the
obligor
ought
to
procure
this
advise
to
save
his
bond
4
Act
implicit
where
not
sufficient
but
shall
be
explicit
.
Two
Garnishers
are
in
a
reall
action
,
and
a
stranger
in
their
presence
doth
speak
the
words
of
garnishment
,
this
is
not
sufficient
,
43
E.
3.
32.
but
they
in
proper
person
ought
to
do
it
themselves
.
5
Act
of
an
Enemy
shall
turn
to
my
benefit
.
As
where
severall
Nisi
prius
are
sued
by
the
Plantiffe
&
Defendant
by
proviso
,
and
they
have
severall
Habeas
Corpora
,
4
Eliz
.
Dyer
217.
the
Plaintiffe
faile
in
Jurata
Continuanda
,
but
the
Defendant
doth
continue
it
,
the
Plantiffe
shall
take
avail
by
it
,
as
if
he
himself
had
done
it
.
6
Act
subsequent
shall
be
guided
by
agreement
precedent
.
I.S.
pays
a
hundred
pounds
at
the
day
in
the
condition
limited
,
Institutes
1.
109.
if
agreement
was
before
that
hee
should
have
part
of
that
hundred
pound
againe
,
this
is
no
performance
of
the
condition
.
A.
brings
goods
into
the
Market
to
sell
and
there
was
an
agreement
before
out
of
the
Market
for
these
same
goods
,
1
Mar.
Dyer
99
if
I.
S.
had
the
true
property
of
these
,
no
property
is
altered
by
this
sale
.
Sic
è
converso
.
Act
precedent
by
act
subsequent
,
as
where
the
Lord
distreins
his
tenant
,
and
after
kils
the
distresse
,
this
in
Law
is
a
Declaration
of
his
intent
from
the
beginning
,
12
E.
4.
8.
and
makes
him
a
trespesser
.
Land
discends
to
two
daughters
,
the
eldest
enters
into
the
whole
,
and
makes
a
feoffment
with
Warranty
,
9
Report
Case
Dowman
.
this
declares
the
generall
entre
to
be
for
her self
,
and
not
for
them
both
,
and
consequently
it
is
no
Warranty
by
disseisin
.
7
Act
imperfect
of
the
part
of
the
one
party
shall
be
so
of
both
.
As
a
woman
within
the
age
of
12
yeers
is
married
to
a
man
of
above
14
yeers
,
Institutes
1.
79
in
this
case
though
hee
may
consent
to
marriage
,
yet
because
shee
cannot
,
he
is
at
liberty
to
dis
gree
to
this
marriage
as
well
as
the
woman
.
P.
42
Eliz
.
Case
Costerd
.
8
Act
executed
where
it
shall
be
defeasible
and
contrary
.
The
husband
and
wife
joyn
in
a
Lease
of
the
Lands
of
the
wife
,
or
grant
her
goods
,
and
after
they
are
divorced
this
shall
stand
.
So
when
an
Administrator
doth
necessary
acts
,
and
then
the
Executor
proves
the
Will
,
yet
those
acts
shall
stand
firme
;
so
where
a
Parson
makes
a
Lease
,
Institute
1.
138.
&
Kell
.
126.
and
after
is
deprived
because
a
Layman
,
the
Lease
shall
stand
.
9
One
Act
may
inure
to
two
intents
.
The
tenant
infests
the
Lord
and
a
stranger
,
and
makes
livery
to
the
stranger
,
3
Report
Case
B.
&
Bac
.
in
name
of
both
the
Lord
enters
and
distreins
,
this
is
a
disagreement
to
the
feoffment
,
and
a
devesting
of
the
Freehold
.
Tenant
for
life
impleaded
,
38
H.
6.
37.
prayeth
in
ayde
of
the
Grantee
of
the
Reversion
▪
this
shall
amount
to
an
Attournament
.
Lessee
Surrenders
to
the
Grantee
of
the
Reversion
,
this
amounts
also
to
an
Atourment
.
12
H.
7.
15.
Plo
.
87.
5
Report
15.
A
Parson
demiseth
to
his
Patron
who
assignes
this
over
to
I.
S.
this
is
a
good
grant
of
the
tearme
,
and
also
a
Confirmation
,
6
Report
Case
Fitzwilliams
.
the
same
Indenture
may
revoke
the
old
uses
,
and
declare
new
uses
.
10
Actori
incumbit
onus
.
A
partition
is
sued
of
the
Mannor
of
D.
one
defendant
alledges
that
part
of
the
land
was
purchased
,
&
is
not
parcel
of
the
Mannor
,
Dyer
266.
he
ought
shew
the
certainty
of
that
parcell
,
otherwise
the
Jury
are
not
bound
to
find
it
,
if
they
do
that
,
est
veresimile
.
11
An
Act
to
himself
,
11
H.
7.
4.
Institutes
2.
139.
14
H
6.
2.
5
H.
7.
2.
a
man
may
doe
and
contrary
.
A
Sheriffe
is
Plantiffe
,
hee
may
take
pledges
to
himselfe
,
and
hee
may
execute
a
Replevin
against
himself
as
I.S.
tenant
in
tayle
,
vouch
himselfe
to
save
the
tayle
,
hee
may
have
Processe
against
himselfe
.
8
E.
3.
21.
The
Sheriffe
is
in
seisin
of
a
Bayliwick
,
of
a
Liberty
by
seisure
,
he
himselfe
as
Sheriffe
shall
command
himself
as
Bayly
of
that
Liberty
,
to
execute
that
Processe
.
There
is
a
Writ
in
the
Register
directed
to
the
Sheriff
,
to
inhibit
himself
,
that
hee
proceed
not
in
a
Writ
of
right
,
F.n.b.
4.
e
.
a
Bishop
is
defendant
in
a
Writ
of
Dower
,
he
himself
shall
certifie
the
loyalty
of
the
marriage
in
his
own
Case
.
10
E.
2.
ff
.
Triall
100.
The
old
books
differ
whether
a
Sheriff
may
summon
himself
or
no
,
but
later
authorities
have
resolved
it
,
that
he
cannot
,
but
where
two
Sheriffs
are
,
the
one
may
summon
the
other
,
Michel
14.
&
15
Eliz
.
Case
,
Vic
.
Norwich
.
but
then
note
a
speciall
mention
shall
be
of
that
in
the
Writ
,
and
direction
that
the
other
shall
summon
him
.
It
is
holden
,
the
Sheriff
who
is
demandant
may
execute
all
processe
till
it
come
at
the
Venire
facias
,
20
E.
4.
7.
otherwise
where
he
is
tenant
.
The
Archb.
of
Canterbury
is
made
executor
to
one
,
who
hath
bona
notabilia
,
9
E.
4.
33.
if
he
wil
refuse
the
executorship
hee
shall
make
this
before
his
Commissary
and
not
by
himselfe
;
a
Sheriffe
is
conusee
of
a
statute
,
Trin
.
43.
Eliz
.
Case
.
Sir
Thomas
Gerrerd
.
he
cannot
execute
a
Liberate
himselfe
.
It
is
doubted
whether
a
steward
may
admit
himself
to
a
Copyhold
or
no
.
See
more
of
this
title
,
14
H.
8.31
.
Plo
.
casu
,
Plat
.
vicesimo
primo
6.16
.
Coke
Jurisdiction
of
Court
.
105.
12
Where
part
of
an
Act
cannot
be
performed
,
yet
the
rest
shall
.
The
condition
of
a
bond
is
that
I.S.
shall
be
assured
at
Michael
.
40
E.
3.
12.
Case
Io
.
de
Pech●
.
of
the
Remaynder
of
the
Mannour
of
D.
after
the
death
of
I.S.
and
that
H.
shall
be
present
at
this
assurance
,
H.
dyes
before
Michael
.
yet
the
assurance
shall
be
made
,
the
same
Law
is
if
the
words
were
that
R.
himself
should
be
present
,
though
he
comes
not
then
and
there
,
yet
the
assurance
shall
not
stay
of
that
,
because
his
presence
is
not
necessary
,
For
the
Remaynder
may
be
limited
to
him
absent
.
13
One
shall
not
have
benefit
of
his
own
Act
;
prejudice
he
may
.
6
E.
4.
4.
A
man
is
utlage
of
felony
,
or
condemned
in
debt
,
execution
shal
be
done
notwithstanding
.
And
this
holds
against
the
King
himselfe
.
Q.
Mary
who
had
an
estate
dum
sola
fuerit
,
5
Mar.
Dyer
,
141.
granted
a
Rent
,
the
Reversion
discends
to
her
,
and
then
shee
marries
,
it
seems
shee
shall
not
avoid
this
Rent
by
her
mariage
,
contra
est
aliquando
,
by
the
folly
of
another
,
as
one
enters
a
bond
to
A.
that
he
and
A.
shall
stand
to
the
arbitrement
of
I.
S.
or
that
A.
shal
take
a
Feoffment
of
him
.
A.
33
H.
6.
ff
.
barr
.
165.
refuses
,
he
himself
shall
take
the
forfeiture
of
this
bond
for
the
folly
of
the
other
to
undertake
this
.
If
one
that
hath
Collation
to
a
Benefice
,
do
present
to
it
hee
hath
lost
his
Collation
,
and
subjected
the
Church
to
a
lapse
,
F.n.b.
35
E.
2.
&c.
so
if
a
Parson
impropriate
present
to
the
Church
,
it
makes
it
disappropriate
.
A
Lord
holds
land
for
the
value
of
the
mariage
by
two
yeeres
,
and
the
tenant
enters
before
all
is
levied
,
the
Lord
shall
recover
the
whole
value
.
An
heire
who
held
by
homage
and
fealty
takes
his
land
of
the
King
upon
office
found
,
44
Ass.
35.
that
hee
held
by
forty
pound
per
annum
,
he
shall
be
bound
all
his
life
time
to
pay
that
Rent
so
prejudiced
by
his
act
.
14
One
shall
be
punished
for
the
Act
of
another
.
A
disseisor
ceaseth
,
the
disseisee
enters
,
44
E.
34.
he
shall
be
charged
in
a
Cessavit
.
Accompt
is
brought
against
two
,
the
one
enters
into
the
accompt
,
44
E.
3.
13.
and
it
is
found
against
him
,
it
shall
bind
both
:
One
is
imprisoned
in
the
Marshalses
,
a
stranger
breaks
the
prison
,
the
Marshall
shall
bee
charged
for
the
whole
debt
.
I
have
a
way
over
the
lands
of
twenty
men
,
33
H.
6.
26.
per
Prisot
.
one
of
them
stops
the
way
in
his
land
,
I
shall
have
an
action
against
all
those
over
whose
lands
the
way
was
.
A
rate
is
put
upon
a
towne
for
the
fees
of
a
Knight
of
the
Parliament
,
the
beasts
of
him
hath
payd
his
part
,
11
H.
4.
2.
are
taken
for
the
residue
,
hee
shall
not
have
a
replevin
,
but
the
beasts
shall
be
sold
to
pay
this
dutie
.
15
One
shall
not
defeate
his
own
Act
:
&
è
contra
.
Lessee
for
years
grants
the
next
avoydance
,
and
then
surrender
,
8
Report
Case
Davenport
.
this
shall
not
destroy
his
own
grant
.
A
grant
common
to
B.
for
a
horse
,
and
after
grant
a
Rent
charge
,
the
horse
of
B.
shall
not
bee
destrained
.
20
H.
7.
10.
5
Mar.
Dyer
151.
Brook
the
chiefe
Justice
did
put
out
an
Officer
which
he
himselfe
had
admitted
before
:
And
so
an
Ordinary
may
admit
the
same
partie
able
,
whom
he
hath
returned
disable
before
.
16
Agens
&
consentiens
pari
poena
plectuntur
.
If
one
takes
a
horse
by
wrong
,
43
E.
3.
43.
by
my
consent
,
trespasse
lies
against
mee
,
A.
mayme
,
B.
by
assent
of
C.
appeal
lies
against
A.
and
C.
22
Ass.
82.
and
damages
equally
against
both
,
otherwise
it
is
where
interest
is
to
be
bound
,
as
Dean
and
Chapter
,
seised
in
simul
,
the
Dean
leaseth
the
Land
with
consent
of
the
Chapter
:
Dyer
40.
This
is
not
good
.
17
A
Posse
adesse
non
est
bona
argumentatio
,
sic
à
non
esse
ad
non
posse
.
A
devise
is
of
Land
in
fee
,
so
of
goods
,
if
the
Devisee
dye
before
the
Devisor
his
heire
,
nor
Executor
shall
gaine
any
thing
by
this
Will
.
Plo
.
345.
Case
Brett
.
A.
is
indebted
to
B.
200
pound
,
and
delivers
goods
to
him
to
sell
,
meliori
modo
quo
poterit
,
18
E.
4.
5.
to
pay
himselfe
hee
is
proffered
200
pound
for
the
goods
,
and
refuses
it
,
and
after
hee
sels
them
for
12
pence
,
A.
shall
answer
the
residue
of
the
debt
notwithstanding
this
proffer
and
possibility
was
,
5
E.
3.
64.
&c.
Lands
have
never
been
departed
betwixt
males
,
therefore
cannot
be
is
a
non
sequitur
.
18
A
posse
ad
esse
bona
fit
argumentatio
.
Condition
of
a
bond
is
to
save
harmlesse
without
damage
,
if
he
may
be
damnified
,
though
he
is
not
in
facto
,
the
condition
is
broken
.
5
Report
Case
Broughton
.
If
an
Eschetor
may
seise
goods
for
a
forfeiture
,
it
is
all
one
as
if
hee
did
,
when
he
will
he
may
.
A
husband
hath
a
terme
in
the
right
of
his
wife
,
18
E.
4.
28.
50
Ass.
5.
and
is
a
debtor
to
the
King
though
hee
dye
,
this
term
shall
be
charged
to
the
King
,
the
same
law
of
one
joynt
tenant
debtor
.
Tenant
in
tayle
,
because
it
is
in
his
power
to
dock
the
remainder
upon
this
,
6
Report
,
Sir
Anthony
Mildmais
Case
.
the
law
takes
this
as
done
,
and
for
this
reason
puts
no
value
upon
it
,
as
Assets
to
an
heire
,
&c.
19
A
non
posse
ad
non
esse
bona
est
argumentatio
.
The
condition
is
,
if
a
rent
is
behind
and
no
distresse
,
he
may
re-enter
,
he
demands
at
the
day
,
and
the
doore
is
shut
against
him
,
Pasch
.
23.
Eliz
albeit
a
distresse
is
in
the
house
,
because
hee
cannot
come
to
it
,
the
condition
is
broken
as
if
no
distresse
were
there
,
see
if
request
shall
be
to
open
the
doore
.
20
Act
me
invito
fait
nest
mon
act
.
I
chase
Deer
out
of
my
land
with
a
dog
,
and
after
I
recall
the
dog
,
43
E.
3.
8.
but
hee
notwithstanding
pursues
him
and
kils
him
within
the
liberty
,
I
shall
not
be
punished
for
this
within
the
statute
.
An
assize
of
Common
is
brought
and
hanging
this
the
Plaintiffs
cattle
escape
thither
,
F.n.b.
180.
33
Ass.
9.
this
shall
not
abate
his
Action
.
21
Argumentum
à
minori
ad
majus
tenet
affirmative
.
Upon
this
reason
a
Proviso
in
the
statute
of
ordinaries
extends
to
the
High
Commission
,
5
Report
Case
Cawdry
.
which
is
above
them
,
and
the
contrary
is
also
true
,
as
a
statute
which
speaks
of
Deanes
doth
not
extend
to
Bishops
.
So
the
Statute
of
8
H.
6.
which
speaks
of
Clerks
raising
Records
,
a
Judge
is
not
within
it
.
Institutes
3.
72.
&
20.
So
in
expsition
of
Treasons
this
argument
doth
not
hold
the
lesse
is
made
treason
.
Ergo
the
greater
,
&c.
22
Bonum
publicum
privato
preferendum
.
Upon
this
reason
a
man
may
dig
in
my
soyle
to
make
Bulwarks
against
enemies
of
the
King
.
36
H.
8.
Dyer
60.
8.
E.
4.
19.
13
E.
4.
9.
Lynius
35.
Plo
.
322.
21
E.
4
47.
So
fishers
in
the
sea
may
come
upon
my
land
,
&c.
Its
lawfull
to
break
a
doore
to
finde
a
Felon
if
felony
is
done
.
Upon
this
reason
the
Civillians
say
,
Si
piscator
ligat
navem
ad
arborem
dominus
arboris
eam
incidere
non
potest
:
upon
this
reason
it
was
that
the
King
might
cut
my
trees
for
repayre
of
his
Castles
before
Magna
Charta
.
And
if
the
King
grant
to
a
County
or
Hundred
,
that
they
shal
not
be
Jurors
in
Enquests
,
it
is
void
,
because
publique
prejudiced
.
23
Causa
qualis
tale
Causatum
.
I
covenant
with
one
,
&
his
executors
make
a
lease
of
B.
Acre
before
Michael
.
and
the
Covenantee
dyes
before
Michael
,
and
I
make
the
Lease
to
his
Executor
,
this
Lease
shall
be
in
the
same
degree
as
the
Covenant
was
,
Plo
.
292.
Case
Chapman
.
and
so
shall
be
to
the
use
of
the
testator
,
and
Assets
in
the
Executor
,
the
same
Law
is
if
an
Executor
have
a
villaine
who
purchaseth
land
,
hee
shall
have
this
as
he
held
the
villaine
,
&c.
fallit
regula
,
In
case
assise
is
brought
oyntly
against
father
and
his
daughter
,
and
the
father
sayes
he
is
villein
to
I.
S.
howbeit
shee
is
of
the
like
quality
,
10
Ass.
7.
yet
this
plea
shall
not
be
materiall
to
her
.
24
Causatum
non
excedit
suam
causam
.
Tenant
for
years
grants
a
Rent
for
life
of
the
Grantee
.
He
shall
not
have
fre●
hold
in
this
Rent
,
but
if
he
die
within
the
terme
,
the
Rent
shall
cease
,
and
shall
be
as
if
granted
for
so
many
years
as
the
Grantor
hath
,
if
the
Grantee
so
long
live
,
Plo
.
524.
15
E.
4.
8.
Plo
.
555.
but
see
ibid
.
that
for
necessity
of
reason
,
and
by
fiction
in
Law
,
it
may
be
otherwise
.
25
Causans
damnum
equalis
facienti
.
If
one
breake
down
a
gap
in
my
hedge
,
9
E.
4.
4.
by
which
beasts
escape
into
my
Close
,
from
the
Common
adjoyning
,
now
the
trespasse
which
at
the
first
was
onely
4.
d
.
may
bee
20.
lib
.
by
the
insuing
damage
.
Two
combat
,
Stamford
17.
and
the
one
kils
the
other
,
&
this
was
by
reason
of
the
words
of
a
woman
;
shee
was
arraigned
for
this
felonie
.
Trespasse
for
burning
the
Plantiffs
house
,
48
E.
3.
25.
&
declares
that
it
was
burnt
by
negligence
of
the
defendant
and
holden
,
a
good
count
to
maintain
their
writ
.
If
the
partie
shews
other
goods
then
he
ought
to
do
in
a
Replevin
,
11
H.
4.
91.
or
in
a
Cap.
sa
.
shews
a
man
to
the
Officer
,
he
shall
be
charged
in
trespasse
,
and
false
imprisonment
,
and
so
shall
the
other
too
.
Somtime
the
Law
more
punishes
the
causor
then
the
actor
of
an
injury
as
a
Capias
issueth
where
it
ought
not
,
Michel
.
23.
H.
7.
Kell
.
Pla
.
5.
he
that
took
it
out
shall
be
punished
,
but
the
sheriffe
excused
.
26
Conjunctive
,
and
collective
,
words
taken
seorsim
and
discretive
.
Three
men
submit
themselves
to
arbittrement
of
all
matters
betwixt
them
and
A
,
this
shall
be
not
onely
of
matters
they
have
joyntly
against
A
,
2
R.
3.
18.
but
what
either
of
them
hath
against
him
.
An
estate
is
limited
to
two
.
&
if
they
die
without
issue
,
the
remainder
to
another
in
this
case
,
upon
the
death
of
either
of
them
,
the
estate
as
to
his
part
shall
go
to
the
remainder
man
.
Severall
demises
and
rents
are
in
one
Indenture
of
lease
and
lessee
Covenants
,
16
Eliz
.
Dyer
Case
,
Clatches
.
to
pay
reditum
praedictum
,
No
lib
.
d'
Entries
115.
this
Covenant
extends
to
all
the
severall
rents
:
Two
grant
omnia
bona
,
so
A.
releases
to
B.
and
C.
all
actions
,
19
H.
6.
6.
this
extends
to
their
severall
goods
and
actions
,
as
well
as
joynt
.
Three
severall
men
make
three
severall
Covenants
,
and
in
conclusion
of
the
Indenture
one
is
bound
to
performe
the
Covenants
made
11
H.
7.
6.
betwixt
A.
I.
and
S.
This
doth
extend
to
the
Covenants
separatim
.
A
scire
facias
is
against
the
successor
of
a
Prior
of
D.
17
E.
4.
2.
and
shews
a
recovery
against
his
predecessour
and
part
behinde
in
his
owne
time
.
Et
quod
non
redierunt
,
&c.
and
this
ruled
good
.
See
Dyer
150
,
26
Causa
cessante
cessat
effectus
.
If
the
offence
is
pardoned
,
37
H.
621.
5
Report
Case
Vaughan
.
36
H.
624.
15
E.
4.
17.
for
which
the
Sheriffe
ought
to
be
amerced
,
no
amercement
shall
be
.
The
husband
and
wife
lease
by
deed
,
he
dyes
shee
accepts
the
rent
,
if
the
Lessee
lose
the
Deed
of
lease
,
she
shall
avoid
the
lease
,
for
this
was
the
sole
cause
she
was
estopped
,
&c.
The
Feoffor
shall
have
and
hold
the
Charter
of
the
land
against
the
Feoffee
,
by
reason
of
the
Warranty
,
1
Report
2.
4
Report
.
Case
Acto●
.
but
if
this
determine
he
shall
hold
them
no
longer
,
but
note
it
is
cause
executory
is
intended
,
as
Annuity
granted
pro
consilio
.
I
grant
to
I.
S.
that
I
will
clayme
nothing
in
the
Mannour
D.
of
which
the
Grantee
is
seised
,
and
for
this
he
grants
me
an
Annuity
,
15
E.
4.
3.
in
this
Case
the
entry
of
the
Grantee
wil
not
cause
the
annuity
to
cease
,
and
see
ibid
.
A
good
Case
of
an
Advowson
granted
for
an
annuity
.
24
E.
3.
53.
4
Abbot
and
Lewes
Case
.
And
note
it
is
not
in
the
power
of
the
Grantor
to
cease
his
own
grant
,
as
if
hee
will
say
to
the
Grantee
hee
will
not
have
his
Counsell
,
the
Annuity
shal
continue
,
though
Richel
in
7
H.
4.
16
thought
otherwise
.
A
man
grants
to
make
a
new
pale
for
the
old
one
,
if
hee
cannot
have
the
old
one
,
he
is
discharged
to
make
a
new
one
,
yet
in
Pigots
case
,
if
he
can
have
an
Action
for
the
old
pale
,
he
is
bound
to
make
the
new
one
.
15.
E.
43.
5
E.
4.
&
Note
another
difference
,
where
the
Office
determines
for
which
the
Annuity
was
granted
,
that
shall
cease
also
.
see
12
Ass.
41.
20
Ass.
27
E.
4.
10.
49
E.
3.
45.
1
H.
4.
ultimo
.
Note
another
difference
.
Plo
.
381.
It
must
be
causa
not
circumstantia
,
which
causes
this
Cesser
,
and
therefore
where
Covenant
is
to
make
Divine
Service
in
the
house
of
the
Grantee
every
Sabboath
day
,
though
the
Grantee
depart
with
the
house
,
yet
the
service
shall
be
done
.
6
H.
41.
But
if
the
cause
cease
but
in
part
,
the
whole
Annuity
shall
be
lost
.
The
King
grants
the
office
of
a
Keeper
to
two
,
and
the
one
fails
in
discharge
of
his
duty
,
the
the
whole
fee
shall
determine
.
So
if
Annuity
is
for
Counsell
to
two
,
Plo
.
Case
.
Nevill
.
and
the
one
refuse
,
fallit
haec
regula
,
as
where
a
Guardian
in
Chivalry
hath
the
body
in
ward
,
and
there
be
other
lands
in
Soccage
,
the
next
of
kin
shall
not
have
this
land
in
Ward
,
Plo
.
Case
.
Carrell
.
though
the
body
of
the
Ward
is
to
another
(
which
is
the
cause
)
but
the
next
of
kin
to
whom
it
cannot
discend
shall
have
it
.
Arbitrement
is
to
pay
ten
pounds
for
sixe
yeeres
,
to
educate
B
,
B.
dyes
,
yet
the
payment
shall
continue
during
the
terme
,
Dyer
329.
Processe
agard
to
the
Coroner
for
Cosinage
to
the
Sheriffe
,
who
after
becomes
out
of
office
,
and
another
put
in
,
14
H.
731.
18
E.
4.
3.
yet
the
Processe
shall
continue
to
the
Coroners
.
Vide
more
of
this
matter
and
title
,
4
Mar.
Dyer
141.
Kell
.
124.
Davis
Reports
3.
and
Case
Lutterell
4
Report
.
27
Coliquintidae
parum
totum
Jus
vitiat
.
A
suit
is
in
the
spirituall
Court
for
wood
,
tithable
,
if
any
part
is
free
from
tithes
,
a
prohibition
lyes
for
the
whole
:
if
for
part
of
the
action
,
though
the
lesse
part
,
11
H.
489.
jurisdiction
ought
not
to
be
to
the
Court
where
it
is
begun
.
It
shall
be
outed
for
all
.
A
bond
is
made
upon
a
usurious
contract
for
part
,
all
shall
be
avoyded
.
In
33
Eliz
.
Case
Paramor
and
Robinson
.
22
H.
6.
6.
If
my
Counsell
labour
jurors
,
hee
is
a
mayntainer
ab
initio
,
even
for
his
Counsell
.
Husband
and
wife
do
vary
in
the
declaration
of
uses
for
the
particular
estate
as
for
life
,
and
concur
,
as
to
the
fee
it
is
void
for
all
.
2
Report
Case
Beckwith
.
Divers
Covenants
in
an
Indenture
are
void
,
because
it
is
concerning
a
grant
of
an
office
contrary
to
the
statute
5
E.
6.
and
one
Covenant
therein
is
good
yet
the
bond
to
performe
Covenants
is
void
for
all
.
1
Report
.
82.
Cal
.
Colshill
.
Superstitious
use
intermixed
infects
all
the
good
,
2
Report
113.
so
covine
.
28
A
Conjunctis
ad
devisa
male
arguitur
,
as
the
Ordinary
may
take
a
refusall
by
all
the
executors
,
9
Report
Case
●enlose
.
●
H.
7.
19.
Ergo
,
of
any
is
false
.
One
is
heire
to
husband
and
wife
,
Ergo
,
to
the
husband
is
a
non
sequitur
.
29
Conjunctorum
utrumque
oportet
esse
verum
,
and
performed
,
as
where
the
condition
of
a
bond
is
double
,
so
the
consideration
of
assumpsit
both
shal
be
performed
.
44
E.
4
21.
4
Report
Case
Digbie
.
A
license
recipere
&
retinere
,
both
shal
be
done
,
leafe
is
&
bond
to
pay
10
li.
rent
if
no
restreint
be
of
sowing
&
making
woad
,
and
after
a
Proclamation
is
to
prohibit
sowing
of
Woad
,
he
shall
pay
his
rent
in
this
case
.
T.
32.
●liz
.
Rot
.
431.
Case
Sherwod
.
Rent
is
granted
out
of
land
in
the
tenure
and
occupation
of
I.
S.
though
he
had
it
all
in
Lease
,
if
hee
have
it
not
in
occupation
,
the
land
is
not
charged
.
30
D●mnum
asque
injuria
,
is
not
punishable
.
11
H.
447.
22
his
14.
7
E.
3.
65.
As
if
a
Schoole-master
erect
a
new
Schoole
to
the
hurt
of
the
former
Master
;
so
if
a
new
M●ll
is
set
up
to
the
prejudice
of
the
ancient
one
to
which
all
within
the
Town
resorted
before
,
no
action
lies
,
so
where
arable
is
laid
down
to
pasture
,
by
which
my
ancient
pastures
give
not
such
a
rate
as
formerly
,
or
agisment
not
so
much
.
31
Sic
è
converso
in●uria
absque
damno
is
not
actionable
.
A
man
is
affied
to
a
woman
,
and
when
the
bains
are
published
in
the
Church
,
another
forbids
them
,
saying
,
that
hee
hath
another
wife
,
which
is
false
,
this
is
Injuria
absque
damno
,
Trin
.
5.
Car
.
Case
Ap.
Ioh●
because
he
may
compell
her
to
marry
him
being
affied
.
I
may
enter
into
your
close
,
and
put
out
Savages
,
Michel
.
12.
H.
7.
Kell
.
2.
or
your
own
cattle
out
of
your
corne
,
which
have
escaped
in
by
your
own
fence
.
32
Deus
&
natura
ferenda
.
If
the
water
change
his
course
,
and
run
upon
my
Land
,
22
Ass.
93.
the
common
road
shall
be
there
as
before
.
33
Dictum
partis
,
is
not
exclusive
taciti
dicti
legit
,
Lessor
Covenant
Lessee
shall
have
fewell
by
his
assignement
,
he
may
take
it
without
assignement
.
Dyer
19.
44
E.
3.
18.
40
E.
3.
10.
A
rent
is
granted
to
distrein
for
this
by
the
Baily
of
the
King
,
yet
he
may
without
him
.
34
Disjunctorum
sufficit
alterum
esse
verum
.
It
is
pleaded
the
Bishop
&
his
predecessors
have
used
to
grant
such
an
office
,
10
Report
59
Case
Evesque-Sarum
.
Tali
persone
,
sine
personis
as
he
pleaseth
;
this
is
no
affirmation
that
hee
had
granted
it
to
more
then
one
,
so
that
issue
can
be
taken
upon
that
,
but
the
plea
is
true
,
if
he
had
granted
it
to
one
onely
.
35
Distructio
facti
,
shall
be
eodem
modo
quo
creatio
.
A
specialty
must
be
avoyded
by
deed
,
7
E.
4.
15.
5
Report
Case
,
Com
.
Rutland
.
an
use
declared
by
Indenture
shall
not
be
altered
but
by
indenture
,
yea
,
though
but
in
abatement
as
resceit
of
parcell
upon
a
deed
shall
,
not
bee
admited
without
deed
of
it
,
15
H.
7.
10.
otherwise
it
is
where
matter
of
fact
intervenes
,
as
in
covenant
before
he
can
have
an
action
:
so
in
case
of
a
rent
because
of
distresse
is
to
be
payment
is
a
good
plea
without
deed
,
21
H.
6.
33.
6
Report
Case
Blake
.
●
H.
7.
33.
and
so
is
it
there
,
though
he
bring
a
Writ
of
Annuity
,
quod
nota
.
A
man
is
bound
he
shall
not
occupy
my
land
in
D
,
I
after
let
it
unto
him
,
this
is
not
to
purpose
to
save
his
bond
without
writing
:
and
yet
matter
in
fact
wil
aid
an
imperfect
writing
to
make
it
good
,
as
where
an
Acquittance
was
pleaded
to
a
bond
,
and
upon
sight
of
it
,
it
reherses
it
was
money
due
upon
Purchase
of
Land
now
by
an
Averment
that
this
bond
was
taken
after
the
money
due
for
the
purchase
,
and
agree
in
the
summe
,
3
H.
7.
14.
by
this
the
Acquittance
is
helpt
.
36
Dictum
partis
,
which
is
no
more
then
dictum
Legis
operates
nothing
at
all
.
Lease
is
for
life
,
and
the
Lessor
grants
the
Rent
to
A.
for
life
,
26
Ass.
38.
in
whose
hands
so
ere
the
Land
shall
come
,
this
is
no
more
then
for
the
life
of
the
Lessor
.
A
gift
is
to
two
of
land
,
and
uni
eorum
diutius
,
viventi
,
they
make
partition
and
the
one
dyes
,
the
survivour
shall
not
have
his
part
by
these
words
,
and
uni
eorum
,
&c.
which
is
no
more
then
the
law
would
have
said
.
A
bond
is
to
do
such
an
Act
(
if
the
law
permit
)
its
all
one
,
30
Ass.
8.
as
if
it
had
been
to
doe
it
absolutely
:
see
9
Report
,
Flowers
Case
.
4
Report
Case
Burrow
.
2
H.
7.
9.
aliter
casu
.
12
H.
8.
●
.
As
a
man
charges
his
executor
to
pay
his
debts
,
by
his
Will
by
these
words
,
the
debtor
may
sue
a
man
in
Court
Christian
,
quod
quere
,
by
the
allower
of
this
book
.
A
bond
to
infeoffe
A.
if
be
please
,
though
the
law
says
as
much
that
he
cannot
be
infeoffed
against
his
will
,
yet
it
hath
this
operation
,
to
alter
the
law
in
this
,
that
the
obligor
is
not
bound
to
make
this
feoffment
till
A
,
signifie
his
minde
,
&c.
The
Statute
21
H.
8.
says
,
that
he
who
takes
a
second
Benefice
,
the
first
shall
be
void
,
which
the
Ecclesiasticall
law
said
before
,
yet
this
operation
is
by
this
expresse
saying
of
that
Act
,
that
it
shall
be
void
without
notice
,
where
value
is
above
eight
pounds
.
Vide
17
E.
3.
7.
Dyer
46.
&
264.
Perkins
105.
38
Dominus
&
Servus
,
Judge
and
Minister
,
Subject
and
Sovereigne
,
Idem
non
erit
,
so
Judge
and
party
.
A
woman
is
Guardian
of
the
Fleet
,
Plo
.
Plats
case
and
takes
one
of
the
prisoners
to
husband
,
this
is
an
escape
.
If
one
hath
a
Benefice
and
is
made
Bishop
of
the
said
Diocesse
,
5
E.
3.
the
Benefice
is
void
.
He
which
is
Justice
of
the
Peace
is
made
Sheriffe
,
the
Patent
of
Justice
determines
.
A
man
hath
an
Annuity
for
service
to
the
Prince
of
Wales
,
he
is
made
King
,
the
service
shall
cease
he
is
no
longer
Prince
.
Plo
.
Sir
Tho
.
Wroths
Case
.
●
Eliz
.
Dyer
197.
Remembrancer
is
m●●●
Baron
of
the
Exchequer
,
this
causes
●is
Office
to
cease
.
So
one
shal
not
be
Judge
of
the
Kings
Bench
and
Common
Pleas
.
Persey
arraigned
an
assise
,
with
other
Plantiffes
,
and
after
hee
was
joyned
in
Commission
of
assise
,
and
ruled
that
no
proceeding
can
be
upon
this
Commission
.
●5
Aff.
3.
A
Charter
to
hold
,
Plea
,
licet
ipsemet
sit
pars
,
&c.
Is
not
good
if
there
be
not
words
to
make
another
Judge
when
such
a
Case
happens
.
8
H.
6.
20.
A
Constable
may
apprehend
him
that
breaks
the
peace
upon
himself
,
5
H.
7.
6.
but
that
is
because
it
is
an
offence
to
the
Crowne
more
then
to
himselfe
.
Sheriffe
is
Judge
in
redisseisin
yet
hee
himselfe
returnes
the
pannell
,
so
Judge
and
Minister
,
but
the
reason
is
because
he
is
made
Judge
by
statute
,
Kell
.
85.
not
as
the
Sheriffe
,
but
a
person
described
by
this
name
.
By
the
Civill
Law
a
Judge
may
punish
an
injury
to
himselfe
imprisonment
or
mulct
,
Boden
309.
Sed
si
pars
verberibus
aut
capite
mulct
anda
est
propter
in●uriae
atrocit
atem
abstinendum
est
.
A
Writ
of
Error
in
the
Exchequer
is
directed
to
the
Treasuror
and
Barons
,
Institutes
4.
105.
comanding
them
to
have
the
Record
before
the
Treasuror
and
Chancellor
,
and
good
.
38
Dignior
dat
nomen
rei
,
&
regulabit
eam
.
A
grant
is
of
the
Office
of
the
Kings
Tennis
Court
,
&c.
8
Report
Case
Iohn
Webb
.
The
play
of
the
Houshold
is
included
,
and
that
onely
gives
the
name
.
Where
speech
is
of
I.S.
it
shall
be
taken
the
father
and
not
the
son
.
Where
speech
is
of
a
Will
,
it
shall
be
intended
the
last
Will
where
more
Wils
are
,
Dyer
314.
&c.
40
Duty
once
discharged
is
alwayes
discharged
.
The
Ordinary
once
refuses
a
Clerke
for
insufficiency
,
10
E.
3.
26.
he
is
not
bound
to
take
a
second
examination
of
him
.
41
De
non
existentibus
&
aliter
existentibus
,
quam
lex
vult
eadem
ratio
.
If
a
Record
is
removed
into
a
Court
,
44
Ass.
6.
but
not
by
due
processe
and
course
of
law
,
it
s
all
one
as
not
removed
.
42
Aequipollentia
habent
eundem
in
lege
vigorem
.
A
Writ
comes
to
the
Sheriffe
to
arrest
A.
which
was
in
his
custody
before
,
5
Report
Case
Frost
.
and
upon
the
escape
of
him
an
action
upon
the
Case
is
brought
,
and
declares
that
hee
was
arrested
,
&c.
&
bene
.
A
Writ
is
to
the
Sheriffe
,
and
hee
returns
that
virtute
precepti
,
16
H.
7.
16.
he
hath
done
so
and
so
,
and
bene
and
equipoll
,
virtute
brevis
,
&c.
In
a
Writ
it
is
said
,
quam
clamat
esse
,
jus
,
this
equipoll
fee-simple
,
and
therefore
if
in
the
following
part
of
the
Writ
he
instance
in
a
lesser
estate
,
39
H.
6.
58.
as
ex
dono
for
life
,
or
,
&c.
The
Writ
shall
abate
,
Vide
Plo
.
542
555.
Dyer
171.
203.
17
E.
31.
But
note
this
exception
to
this
generall
rule
,
that
words
of
art
shall
not
be
supplyed
by
equipollent
words
,
as
voluntarie
,
&
ex
malitia
praecogitata
interfecit
,
is
not
sufficient
in
Indictment
of
murder
,
but
the
word
murder
avit
,
must
be
.
9
Eliz
.
2●1
.
2
H.
6.
11.
A
Writ
against
M.
late
wife
of
Thomas
Com
.
A
is
all
one
as
if
he
had
called
her
Countesse
of
Arondell
.
43
Eadem
ratio
,
Idem
jus
.
So
Bracton
de
similibus
à
similia
eadem
ratione
procedendum
.
The
stat
.
which
outs
non
clayme
in
fines
,
by
reason
of
wars
,
takes
away
also
non
claime
in
a
Writ
of
right
,
Plo
.
59
,
&
16●
for
the
same
reason
is
&c.
44
Expressum
&
particulare
facit
cessare
tacitum
&
generale
,
28
H.
8.
15.
In
this
notion
it
s
said
a
deed
is
a
private
law
amongst
parties
to
it
.
By
the
word
demise
assignee
of
a
lessee
for
yeers
shall
have
an
action
of
covenant
if
he
is
disturbed
,
but
if
there
is
an
expresse
covenant
in
the
deed
,
that
the
lessee
shall
enjoy
the
house
demised
,
&c.
without
eviction
of
the
lessor
,
4
Report
Nokes
Case
.
this
shall
restreine
the
covenant
to
the
lessee
himselfe
.
An
Abbot
brings
trespasse
against
the
Parson
of
C.
and
declares
of
cutting
trees
,
ad
deteriorationem
Ecclesiae
praedictae
,
though
every
Abbey
is
a
Church
,
yet
because
it
is
not
named
before
,
18
E.
2.
ff
.
6
Report
828.
this
refers
to
the
Parson
which
was
named
,
and
so
makes
the
Writ
insensible
&
abate
.
A
man
devises
land
to
his
eldest
son
,
the
remainder
to
his
yonger
son
,
Hill
in
Iac
.
c
.
9.
Casu
Porriman
by
Bridgman
.
the
remainder
proximo
de
sanguine
of
the
devisor
,
the
eldest
shall
not
take
by
these
generall
words
,
but
any
other
not
named
before
.
A.
hath
two
messuages
,
and
demises
that
in
D.
and
all
his
land
in
S.
to
I.
S
,
the
messuages
in
S.
shall
not
passe
.
Ibid
.
Exception
.
Note
,
where
that
the
expresse
is
against
the
nature
of
the
estate
,
as
a
gift
in
tayle
,
and
an
express
clause
is
,
he
shall
not
do
waste
,
or
suffer
a
recovery
,
21
H.
6.
14.
Perkins
660.
6
Report
Case
Sir
Anthony
Mildmay
.
2
E.
4.
5.
or
that
he
shall
hold
of
the
Lord
Paramount
,
these
shall
not
crosse
the
implicit
dictum
legis
,
in
those
severall
particulars
,
and
it
is
also
in
things
inseparable
.
As
Warranty
by
dedi
is
not
destroyed
by
expresse
Warrantie
.
Sic
regula
fallit
in
casu
,
7
Report
Case
N●kes
.
the
thing
is
inherent
to
the
estate
,
as
covenant
expresse
is
the
lessee
and
his
executors
shall
repaire
the
house
demised
,
&c.
This
shall
not
excuse
the
assignee
who
by
implyed
covenant
in
law
adherent
to
his
estate
,
5
Redort
case
23
Broughton
.
is
tyed
to
repaires
,
except
also
in
case
of
matter
of
record
this
,
though
implicit
will
controll
the
expresse
act
in
facto
,
5
Report
Cap.
Vernon
.
as
a
woman
enters
into
her
joynture
,
&
then
brings
a
●rit
of
Dower
.
So
where
the
expresse
act
is
vaine
it
shall
have
no
such
operation
.
See
Dyer
376.
Kell
.
123.
Doctor
and
Student
94.
And
so
it
is
also
where
the
expresse
act
or
word
is
additionall
,
and
not
contradictory
of
the
first
,
18
Eliz
.
Dyer
348.
as
a
devise
is
to
pay
ten
pound
rent
to
A.
and
if
it
is
behinde
six
weeks
,
&c.
that
A.
may
distreine
,
this
shall
not
avoid
the
entry
upon
the
condition
if
broken
,
but
it
is
variety
of
security
for
this
rent
.
So
where
that
which
is
but
secret
is
dehors
,
there
both
may
stand
without
the
one
outing
the
other
,
as
bloud
may
be
averred
to
have
beene
the
consideration
to
rayse
an
use
mentioned
in
an
Indenture
,
1
Report
Case
Mildmay
.
though
money
only
expressed
within
the
deed
.
46
Exceptio
firmat
Regulam
,
concessionem
,
&c.
A
man
holds
by
homage
,
escuage
and
rent
,
the
Lord
grants
the
rent
cum
pertinentiis
,
29
Ass.
20.
23
Incidents
24.
the
Seignio●
doth
not
passe
by
this
grant
,
but
if
he
h
●
said
(
excepting
reliefe
and
escheate
〈◇〉
doubted
.
Common
is
granted
for
all
c●●●●
excepting
hogs
,
this
exception
inlarges
this
to
goats
,
&c.
A
man
grants
all
his
trees
excepting
payr-trees
,
apple-trees
,
now
passe
,
14
H.
8.
1.
2
.2
.
R.
2.
which
otherwise
would
not
.
The
statute
of
23
H.
6.
speaks
only
of
Sheriffs
,
yet
because
in
the
end
of
the
statute
there
is
an
exception
of
Guardian
of
the
Fleet
.
It
is
holden
all
other
Guardians
are
included
as
well
as
Sheriffs
.
22
Eliz
.
Case
Yastley
.
11
Report
74.
But
note
,
fallit
haec
regula
,
where
the
exception
is
idle
.
And
therefore
though
the
statute
5
E.
6.
hath
an
exception
that
ingrossing
of
salt
shall
not
be
within
that
statute
,
any
ingrossing
of
victuals
,
yet
,
non
sequitur
,
it
is
victuall
within
any
statute
,
for
it
is
condimentum
onely
.
Michael
.
7.
Car
.
in
b
.
Roy
.
Information
.
And
such
clauses
are
put
in
to
satisfie
ignorant
Burgesses
;
rather
then
for
necessity
,
so
in
the
statute
43
Eliz
.
cap
.
1.
there
is
an
exception
in
that
statute
,
which
provides
against
alienations
to
the
King
,
in
case
of
Ecclesiasticall
persons
it
follows
not
,
therefore
that
other
persons
upon
whom
a
disability
was
by
law
before
to
alien
as
infants
mad
men
,
&c.
May
now
give
away
their
estates
,
because
Ecclesiasticks
are
onely
excepted
.
47
Aetymologia
verborum
non
praebet
firmum
argumentum
.
Dyer
340.
Institutes
177.
7
Report
27.
And
therefore
to
argue
from
the
word
joynture
of
a
woman
,
that
therefore
it
must
be
a
joynt
estate
with
her
husband
is
a
fallacy
,
for
it
s
a
good
joynture
though
the
estate
be
to
her selfe
sole
,
yet
such
arguments
exhibits
ornament
in
the
discourse
,
where
it
is
agreeing
with
the
law
.
48
Exitus
acta
probat
.
The
copying
out
of
a
Libell
proves
as
evidence
that
he
did
publish
it
.
8
Report
Case
Lamb
.
7
E.
4.
4.
9
Report
11.
The
tenant
is
distreined
without
the
mesnes
fault
,
yet
if
hee
after
does
not
what
the
law
requires
,
as
putting
his
own
beasts
into
the
pownd
,
for
to
free
the
tenants
beasts
,
the
distresse
shall
now
be
said
in
his
default
.
See
9
Report
,
Case
Meriell
Tressam
.
And
vide
,
the
Case
of
Estray
,
and
how
it
shal
be
demeaned
that
it
prove
not
tortious
.
8
Report
146.
So
in
those
cases
of
liberty
given
by
law
,
as
to
come
into
a
Tavern
to
drink
,
and
he
take
away
a
piece
of
plate
,
this
shews
the
act
of
comming
in
tortious
ab
initio
,
&c.
49
Expositio
verborum
.
Averia
is
any
live
thing
as
fish
,
hens
,
capon
,
&c.
Aut
,
V.
lib
.
entryes
138.
21
H.
6.
39.
albeit
it
is
a
disjunctive
adverbe
,
yet
in
the
Kings
case
it
leaves
his
genuine
sense
,
as
where
he
grants
land
,
&c.
Quae
quidem
terra
concelata
,
aut
reditus
substracta
,
&c.
If
the
land
is
not
concealed
,
though
the
rent
is
substracted
,
11
Report
113
Case
Hugh
Vaughan
.
and
so
the
disjunctive
,
aut
,
is
performed
,
yet
the
land
passes
not
.
A
,
ab
,
abs
.
Ab
octabis
Trin
.
is
the
last
day
of
the
foure
,
21
E.
4.
37.
à
festo
Paschae
,
must
be
ruled
by
the
Canons
,
Abathia
.
In
Abathia
,
this
extends
onely
to
the
Precincts
of
the
Close
of
the
Abbey
,
and
not
to
all
the
possessions
of
it
.
●9
Ass.
55.
Charge
.
A
man
covenants
to
free
a
purchasor
of
all
charges
upon
the
land
,
this
extends
to
a
possibility
of
a
term
,
which
yet
is
no
title
or
right
,
ante
hac
usitate
,
20
Eliz
.
Dyer
362.
no
.
lib
.
entrey
384.
&c.
Note
in
a
subjects
case
these
words
,
Will
reach
higher
then
in
the
Kings
Case
.
Circiter
.
Is
an
incertaine
time
,
and
therefore
in
case
where
certainty
is
required
,
Pas
.
28.
Eliz
.
Case
Farrer
.
it
is
ill
in
pleadings
,
&c.
and
therefore
Circiter
21
of
Feb.
may
be
as
well
be
afore
the
day
as
after
.
21
E.
4.
52.
lib
.
entrys
152.
Citra
,
infra
.
Circa
festum
,
sic
ante
festum
.
These
are
all
before
the
Vigils
of
the
Feast
,
or
in
the
Vigils
at
the
least
.
Mich
.
13.
Eliz
.
b
.
207.
rot
.
1330.
A
bond
is
made
to
stand
to
the
arbitrement
of
I.
S.
to
be
made
ante
novum
diem
of
October
,
&c.
The
arbitrement
is
well
made
any
time
before
midnight
of
the
8
day
.
Citra
,
50
yeers
last
past
,
9
Eliz
.
upon
●endolf
.
was
rejected
because
unusuall
,
for
the
pleading
is
infra
50
yeers
,
&c.
Condition
of
a
bond
is
to
pay
so
much
mony
by
Michaelmas
next
it
shall
be
before
the
day
.
9
Eliz
.
per
Gawdy
and
Dyer
.
Competent
.
as
a
competent
Benefice
,
the
meaning
of
this
word
is
to
be
found
out
by
the
annuity
is
to
cease
when
such
a
Benefice
is
provided
,
and
not
in
reference
to
the
persons
quality
to
be
provided
for
,
as
if
the
annuity
was
forty
shillings
per
annum
to
the
Chaplain
of
the
King
,
till
provided
,
&c.
Of
a
competent
Benefice
ten
marks
per
annum
est
,
adjudged
competent
in
this
case
.
Consueta
.
6
Report
Case
Molins
.
It
is
taken
for
a
thing
anciently
,
used
albeit
now
at
the
present
it
is
discontinued
&c.
Discretion
comes
of
upir●
judico
,
so
Jurors
put
themselves
in
discretion
of
the
Court
,
that
is
,
8
H.
4.
12.
5
Report
Case
Rooks
.
upon
the
judgement
of
the
Court
in
point
of
Law
,
it
is
taken
for
that
act
of
the
Judge
arises
in
case
of
extremity
of
Law
,
and
amounts
to
as
much
as
if
he
had
said
that
the
Judge
shall
doe
according
to
the
Law
and
right
reason
,
Vide
Plo
.
83.
when
it
's
said
in
Statutes
,
&c.
that
hee
shall
doe
according
to
his
discretion
,
See
27.
H.
8
,
25.
Fitz
James
discretion
mentioned
,
see
10.
H.
7.
29.
where
it
's
taken
pro
concilio
.
Donque
,
then
tunc
a
license
is
made
to
goe
over
sea
,
proviso
if
he
resort
to
fugitives
,
then
to
cease
he
breaks
the
Covenant
,
then
here
is
expounded
,
for
thence
forth
and
not
ab
innitio
,
2
Eliz
.
Dyer
177.
P.
5.
Car
.
Case
Mason
.
action
upon
the
case
,
consideration
is
quod
tunc
he
deliver
a
horse
,
&c.
It
's
well
done
any
time
of
the
day
after
.
Plo
.
192.
F.n.b.
194.
Demise
signifies
not
onely
the
originall
Lease
which
is
made
to
the
Lessee
,
but
the
relinquishment
,
grant
or
assignement
of
any
thing
,
as
in
the
Writ
,
in
the
per
,
it
is
said
,
cui
A
,
this
demise
in
case
of
fee
simple
granted
.
Et
,
This
conjunction
in
our
Law
,
hath
somtimes
the
sence
of
vel
,
8
Report
Case
Pexall
.
Register
125.
&
sic
è
converse
horrible
and
enormous
taken
for
or
enormous
.
A
bond
is
upon
condition
,
if
he
pay
part
it
shall
be
void
,
and
also
upon
condition
,
that
if
hee
suffer
the
Obligee
to
enjoy
such
a
Mannour
that
the
bond
shall
be
void
,
the
performance
of
either
of
these
causes
will
avoid
the
bond
,
9
Eliz
.
which
prove
and
or
&
is
taken
in
the
sense
of
or
,
A
rent
is
reserved
to
the
Lessor
,
or
his
heirs
,
this
rent
is
good
to
himselfe
,
and
or
is
not
disjunctive
here
.
5
Report
Case
Mallery
.
A
man
devises
Land
to
G.
S.
and
if
hee
die
before
21
yeers
of
age
,
or
without
issue
,
to
remain
to
a
stranger
,
Eliz
.
20.
Iac
.
in
b
.
R.
cited
.
per
Dod
.
I.
he
dies
before
21.
but
hath
issue
,
adjudge
this
word
or
,
shall
be
taken
for
and
,
and
both
must
fail
,
otherwise
he
shall
have
no
benefit
of
the
remainder
in
this
case
,
See
Plo
.
Manxels
case
,
fol.
5.
Bene
4
Report
,
Ogn●ls
case
,
and
10
Report
,
Vaughans
case
,
cited
in
Legats
case
,
Instituti
.
96.
8
Report
Pexals
Case
.
Expiration
,
Plo
.
198.
is
properly
by
efflux
of
time
and
differs
a
fine
rei
.
Esteant
,
or
being
.
27
H.
8.
17.
19.
1
these
words
will
extend
to
future
times
,
and
are
not
tyed
always
to
the
present
tense
.
16
Eliz
.
Dyer
333.
A
man
deviseth
his
land
shal
go
to
the
next
of
bloud
(
being
males
)
It
shall
be
construed
in
the
future
tense
,
that
shall
be
males
,
&c.
Exactionibus
,
is
all
things
in
action
,
11
H.
4.
7.
and
as
large
as
Demands
in
a
manner
.
Est
&
fuit
.
8
H.
6.
27.
10
H.
7.
27.
Sometimes
taken
in
the
same
sense
,
as
if
mayntenance
be
layed
in
a
plea
,
quod
fuit
,
betwixt
such
and
such
,
in
law
it
s
taken
for
which
is
.
Eviction
.
A
man
is
bound
,
the
obligee
shall
enjoy
such
a
house
,
or
,
&c.
5
Report
tempore
Eliz
.
without
eviction
.
Pursuit
in
Chancery
and
a
decree
thereupon
,
&c.
is
no
such
eviction
to
forfet
his
bond
.
House
.
16
Eliz
.
Dyer
333.
A
remaynder
is
limited
to
the
house
.
In
law
the
family
,
and
the
chiefe
and
most
worthy
or
eldest
of
it
,
is
meant
.
Horrible
and
enormous
.
Ietus
unus
non
dicitur
enormous
,
Register
125.
F.n.b.
185.
if
mayme
,
&c.
is
not
by
it
.
Vide
Stat.
W.
2.
cap
.
29.
hath
the
word
.
Incontinenter
&
in
mediate
,
is
as
much
as
eodem
tempore
.
F.n.b.
198.
Institutes
1.
369.
And
therefore
lit
.
702.
says
if
disseis●n
be
and
a
feoff
made
Incontinenter
garr
.
created
upon
that
is
garr
.
by
disseisin
.
See
6
Report
11
,
there
it
s
expounded
by
reasonable
time
.
A
bond
is
conditioned
to
pay
plantiffe
,
39
H
6.
10.
Institute
1.
208.
and
no
time
limited
,
the
law
says
it
shall
be
incontinently
payed
,
now
this
in
legall
construction
is
inconvenient
time
,
and
so
it
seems
shall
it
be
,
though
the
party
himself
sayes
in
expresse
words
,
hee
will
pay
the
money
incontinently
or
presently
.
If
no
heire
be
at
the
time
of
discent
of
land
,
but
one
is
born
with
in
an
houre
after
,
this
is
not
presently
as
to
make
a
discent
to
take
away
an
entry
and
yet
hee
shall
have
it
as
heire
.
A
man
takes
base
money
in
payment
and
discovers
this
immediatly
,
5
Report
Case
Wade
.
30
Ass.
11.
yet
he
cannot
refuse
this
,
having
once
accepted
of
it
.
It
is
said
where
a
deed
is
absolute
,
and
a
defeasans
is
delivered
immediate
,
it
is
good
and
all
one
as
if
it
were
within
the
deed
it self
.
Coven
is
to
deliver
cloth
&
that
immediatly
upon
the
delivery
of
such
cloth
to
pay
him
10
pound
,
18
E.
4
20.
21
E.
4.
53.
per
Sylyard
.
the
cloth
is
delivered
at
noon
,
the
other
hath
all
the
day
remayning
to
pay
the
money
.
Immediatly
sometime
is
by
good
construction
,
observing
all
incidents
to
such
an
act
&c.
to
be
done
.
See
Stat.
Winchest
.
&
27.
Eliz
.
7
Report
Kens
Case
.
of
immediate
notice
,
and
action
Burnel
the
same
sence
ut
hic
.
Infra
quatuor
Maria
.
is
taken
to
be
within
the
Realm
of
England
,
and
doth
not
fetch
in
or
intend
Scotland
,
&c.
Institutes
1.
107.
Inhabitant
.
Resiant
,
Commorant
,
Conversant
,
the
genuine
sense
of
these
words
are
very
necessary
to
be
known
,
by
reason
they
are
frequently
used
in
severall
statutes
,
as
in
that
of
election
of
Burgesses
to
the
Parliament
,
1
H.
5.
23.
H.
6.
and
in
the
statute
of
Rogues
,
&c.
The
originall
in
the
Greek
is
{αβγδ}
,
which
is
,
properantem
Commorari
,
apud
aliquem
morari
,
and
in
Buckleys
Case
,
Plo
.
the
word
in
the
statute
Resident
is
in
the
Record
and
pleading
of
it
in
Latin
,
translated
Commorans
,
vel
Conversans
,
the
first
comes
of
morando
,
which
signifies
dwelling
for
a
time
,
or
to
sojourne
,
and
it
is
rather
loytering
then
habitation
.
Conversans
is
to
haunt
much
in
a
place
,
the
originall
imports
to
abide
for
a
time
versari
in
acie
,
and
yet
note
the
word
there
Resident
is
in
the
record
Commorans
and
Conversans
.
The
word
Resident
comes
of
{αβγδ}
,
resideo
,
and
imports
as
much
as
to
light
or
to
sit
down
as
a
bird
after
her
flight
,
which
may
aptly
be
applyed
to
Rogues
,
but
what
time
will
make
resident
is
darke
yet
by
these
expositions
,
but
it
seemes
a
small
time
will
do
it
,
in
French
it
s
neerer
our
law
sence
,
assis
locatur
idem
cum
assiduitas
,
which
intimates
that
such
a
one
will
continue
in
such
a
place
for
the
time
to
come
,
then
that
he
hath
been
long
there
before
.
The
condition
of
a
lease
is
,
that
the
lessee
shall
inhabit
and
be
resident
upon
the
land
during
the
terme
,
if
these
words
during
the
terme
had
not
been
in
,
Plo
.
Case
.
Colthirst
.
it
is
adjudged
that
the
abiding
a
small
time
there
will
serve
to
performe
the
condition
of
abiding
and
resident
.
A
man
hath
his
family
upon
a
house
or
no
family
,
but
occupies
lands
in
Dale
,
the
first
is
said
a
Resiant
,
Ibid
.
the
second
an
Inhabitant
in
our
Law
.
Suit
reall
which
was
better
royall
,
5
Report
Case
Iefferey
.
is
said
due
of
the
body
of
a
man
,
because
resiant
there
within
the
Hundred
,
and
note
no
certain
time
is
limited
in
such
case
,
●5
E.
3.
23.
for
if
he
have
been
there
three
dayes
he
shall
attend
.
A
Charter
is
granted
that
Inhabitants
shall
have
franches
,
it
shall
not
be
extended
to
fugitiv●●
,
as
this
book
saith
,
&c.
See
Fitz-Herbert
N.B.
160.
A
faith
that
a
man
shall
not
be
distreined
to
come
to
a
leet
where
he
is
not
demurrant
and
conversant
,
if
a
house
is
in
two
Leets
,
Institut
.
2.
122.
he
shall
attend
that
where
his
bed
is
,
for
there
hee
shall
be
deemed
most
conversant
.
Vide
Fitz
.
N.B.
ibid
.
in
the
Writ
for
discharging
a
man
to
come
to
a
Leet
it
is
,
illi
qui
moram
non
fecerint
,
shall
not
be
put
in
juratis
,
&c.
by
these
reasons
and
authorities
you
shall
better
conceive
the
right
sence
of
these
kinde
of
words
,
about
which
such
various
opinions
have
been
in
Courts
of
Record
and
Sessions
in
the
Country
,
&c.
In
apud
ad
,
de
,
&c.
all
these
have
the
same
sence
in
severall
cases
.
Trespasse
upon
the
statute
of
6
R.
2.
9
E.
4.
3●
for
intrusion
into
the
Mannor
of
D.
apud
D
;
it
is
as
much
as
in
D.
and
the
venire
facias
shall
be
of
the
Town
of
D.
yet
the
Indictment
was
for
an
affray
apud
Ecclesiam
de
D.
and
it
was
doubted
if
good
,
but
it
should
be
in
Ecclesia
,
otherwise
by
the
word
apud
it
may
be
without
the
walls
,
P.
36.
Eliz
.
Capt
.
Knevit
.
and
the
statute
is
penall
and
the
word
in
the
Church
,
&c.
A
grant
of
a
rent
charg
percipiendum
in
Manerio
de
Dale
,
and
apud
Manerium
and
both
good
.
10
E.
4.
8.
41
E.
3.
16.
Assumpsit
was
to
deliver
goods
in
such
a
Port
,
and
in
pleading
hee
says
,
Hill
.
33.
Eliz
.
Keisers
case
.
adtale
portum
,
it
s
sufficient
,
so
where
it
s
said
such
a
thing
shall
be
done
in
festo
,
it
s
as
much
as
the
first
day
of
this
feast
,
and
shall
not
be
deferred
till
the
utas
of
it
.
21
E.
4.
52.
A
Writ
is
directed
Coronatoribus
in
Com
.
It
is
as
good
as
de
Com
.
F.
n
.
b
.
245.
Vid
.
lib
.
entrys
fol.
1.
And
so
abjuration
pleaded
coram
Coronatoribus
in
Com
.
was
holden
good
contrary
to
the
opinion
which
ex
subito
hath
beene
taken
by
some
.
Dyer
185.
Interest
,
any
profit
as
Common
&c.
is
interest
.
In
manibus
,
a
man
devise
all
his
tenements
in
manibus
suis
,
34
H.
67.
8.
and
hath
a
reversion
upon
an
estate
for
life
,
this
shall
passe
for
the
word
denotes
onely
a
thing
in
my
subjection
and
power
.
Dyer
291.
Inde
imports
all
things
spoken
of
before
as
thus
,
Si
judicium
jude
redditum
sit
,
&c.
this
is
to
be
taken
upon
the
whole
record
,
18
Eliz
.
Dyer
349.
&c.
In
rerum
natura
,
hee
which
is
dead
in
law
,
as
Monk
,
&c.
so
he
which
is
out
of
the
Country
where
,
&c.
is
in
law
said
,
not
in
rerum
natura
.
Ipso
facto
.
Such
a
thing
shall
be
,
Stat.
E.
3.
as
hee
which
draws
a
dagger
,
&c.
shall
be
excomenge
ipso
facto
,
Dyer
275.
it
is
doubted
if
it
shall
be
without
sentence
or
proof
,
but
the
statute
of
Henry
the
eighth
,
which
sayes
,
hee
that
takes
a
second
Benefice
,
&c.
shall
be
ipso
facto
,
4
Report
79.
75.
or
ipso
jure
privatus
of
the
first
,
this
is
without
sentence
.
Juxta
.
The
thing
may
be
twenty
foot
remote
from
the
place
to
which
its
said
Juxta
.
Juxta
Hull
.
19
Ass.
6.
14
Ass.
8.
45
E.
3.
3.
This
imports
the
place
is
another
then
Hull
,
and
remote
from
it
.
Infra
,
is
all
one
with
Ante
.
21
E.
4.
63.
As
to
pay
money
infra
Festum
Nativitatis
Domini
,
is
before
it
.
Maereneum
.
Is
this
timber
which
hath
bin
part
of
a
house
,
or
els
aptum
ad
domum
,
seems
framed
for
such
a
purpose
yet
see
ib
.
Register
94.
96.
It
is
used
for
timber
in
other
building
.
In
the
Dictionaries
it
is
written
merene●●n
,
&
est
idem
quod
tignus
,
timber
to
build
with
.
Institute
3
97.
Institute
4.
307
In
old
French
Mareme
Latin
Mareneum
lignum
aedificatorium
,
,
and
it
s
said
a
Norman
word
.
Meniall
servant
.
22
H.
6.
19.
Is
hee
which
is
employed
in
the
house
for
to
serve
the
person
of
a
man
.
So
old
book
entries
,
fol
,
434.
of
servus
familiaris
for
meniall
servant
.
F.
n
.
b
.
197.
Nuper
est
expound
le
jour
aute
le
mort
de
Auntestor
quod
nota
,
no
long
time
is
required
to
this
.
17
E.
3.
16.
Pacatione
.
An
old
word
used
for
a
release
,
as
where
it
s
said
ten
pound
was
payed
in
Pacatione
of
a
hundred
pound
,
Vide
old
Magna
Charta
153.
the
word
for
payed
.
F.
n
.
b
.
93.
no
.
entrys
2.
&
109.
9
Report
56.
21
H.
7
38.
Praetextu
.
Is
used
in
law
for
reall
and
good
matter
and
of
equall
force
with
virtute
cujus
,
or
ratione
cujus
.
Prima
&
proxima
.
Where
it
is
said
the
jurour
who
hath
lands
neerest
to
twenty
pound
,
&c.
Is
not
intended
nineteen
pound
,
but
the
neerest
to
twenty
pound
till
it
discend
to
forty
shillings
.
I
grant
one
twenty
pound
at
the
birth
of
my
first
son
,
and
I
have
a
son
at
the
time
of
this
grant
hee
shall
not
have
the
twenty
pound
till
the
birth
of
another
son
.
12
Eliz
.
per
Harperum
.
Pacifice
.
I
am
bound
you
shall
enjoy
acre
B.
30
H.
8.
Dyer
43.
pacifico
,
&c.
albeit
hee
be
distreined
for
issues
lost
,
this
is
no
breach
of
this
bond
.
Pro
.
The
sense
of
this
word
is
not
to
have
one
thing
for
another
,
but
the
thing
it self
sometimes
,
as
if
I
promise
to
content
you
,
pro
granagio
,
Dyer
352.
this
is
taken
that
I
shall
pay
the
very
granage
it selfe
,
and
not
money
for
it
,
&c.
Forfeiture
of
all
a
man
may
,
Institutes
391.
this
in
law
is
land
,
goods
,
and
body
to
be
imprisoned
,
when
such
expression
is
in
a
statute
,
&c.
Puer
.
Comprize
female
as
well
as
male
,
maxime
in
the
Dative
case
plurall
,
Dyer
337.
30
Ass.
47.
9
Report
72.
Nos
.
Vos
.
Is
stylus
aulicus
,
sed
non
antiquus
,
and
intimares
,
quando
Princeps
loquitur
ex
curiae
consilio
,
Parens
in
Genesin
,
272.
and
it
is
not
to
be
found
in
all
the
Scripture
given
to
any
Prince
or
single
man
,
and
upon
like
reason
it
seems
,
Bishops
used
it
,
and
the
Chief
Justice
of
the
Bench
,
coram
vobis
&
sociis
,
but
because
it
was
given
to
a
Sheriffe
in
a
Writ
,
thus
praecipite
I.
S.
&c.
29.
E.
4.
44.
the
Writ
was
abated
.
Permittere
.
Imports
meer
passive
,
Dyer
255.
35
H.
6.
Fitz
barr
.
261.
and
he
that
is
bound
permittere
onely
need
do
nothing
,
and
violence
by
him
is
to
have
advantage
of
a
condition
by
which
a
breach
is
,
will
excuse
as
if
the
bond
is
that
hee
shall
not
permit
A
to
inhabit
in
such
a
house
,
and
the
Obligee
him
put
in
,
&c.
he
who
is
so
bound
becomes
a
bankrupt
,
by
with
the
house
is
sold
,
and
another
is
put
in
,
see
whether
this
breaks
the
covenant
when
hee
hath
done
an
act
by
which
in
law
the
breach
follows
,
12
H.
8.
6.
17
E.
4.
2.
that
the
other
cannot
dwell
there
.
Si
lex
pe●
mittat
,
is
if
by
any
licence
the
thing
can
be
done
,
or
dispensation
after
then
it
shall
be
done
,
&c.
F.
n
.
b
.
41.
3
Institut
.
182.
Res
is
a
good
word
for
goods
and
chattels
,
and
goes
to
corporate
and
incorporate
things
.
15
E.
4.
15.
Sufficienter
,
a
man
is
bound
to
serve
in
Normandy
,
Sufficienter
,
is
with
armour
,
&c.
Sure
estate
,
a
man
is
bound
to
make
a
sure
estate
by
force
of
this
word
hee
shall
free
it
of
dower
,
11
H.
7.
7.
and
yet
the
estate
may
be
sure
without
it
.
Similiter
pro
ut
,
&c.
Where
Jury
findes
the
homage
did
similiter
or
pro
ut
,
21
Ass.
14.
21
E.
3.
56.
the
Defendant
hath
pleaded
,
&c.
that
goes
to
time
and
place
and
other
circumstances
as
well
as
to
the
matter
it selfe
.
Trin
.
33.
Eliz
.
Case
,
Barnes
.
Predict
.
This
word
hath
various
,
effectuall
operations
in
our
Law
,
by
some
books
it
is
said
of
as
great
force
and
efficacie
,
as
if
the
words
themselves
to
which
it
refers
had
been
expressed
at
large
.
A
Cessavit
is
brought
and
declares
of
a
tenour
by
homage
,
Rent
,
&c.
35
H.
6.
31.
Et
quod
de
praedictis
serviciis
Cessavit
,
&c.
This
refers
onely
to
that
service
,
6
H.
7.
of
which
in
Law
properly
cesser
may
be
.
Praedict
is
not
necessary
where
the
matter
appears
,
though
it
would
have
made
it
more
cleer
.
It
will
supply
an
averment
to
reconcile
differences
in
the
Record
as
Codred
is
in
the
beginning
of
the
Plea
,
and
after
it
is
Cotreid
praedict
,
10
H.
7.
5.
8.
Report
57.
this
helpes
the
varience
.
An
Indenture
is
said
,
dated
23
,
December
,
and
after
it
is
said
,
per
indentured
praedict
.
datum
.
23.
November
,
the
mistake
is
helped
by
the
word
praedict
.
The
quality
of
a
thing
shall
be
well
helpt
by
this
,
and
inforced
,
as
where
it
is
mentioned
that
land
was
conveyed
which
he
had
by
discent
from
his
father
,
mention
after
,
Trin
.
●3
.
Eliz
.
Case
Graye
.
de
terris
praedictis
will
include
all
this
.
I
surrenders
copihold
to
the
use
of
A.
for
life
,
the
remainder
to
I.
S.
for
life
,
the
remainer
to
the
heirs
praedicti
Johan
.
&
resolved
it
shall
be
the
heirs
of
the
later
I.
S.
the
purchasor
,
Pasch
.
23.
Eliz
and
not
of
himselfe
,
Assisse
is
against
M.
the
Abbot
de
H.
and
the
pone
was
predicted
Abatissam
,
with
one
more
,
and
the
opinion
that
it
shall
abate
,
vid.
8.
E.
3.
64.
26
Ass.
11.
Paratus
,
paratus
,
respondere
,
within
the
Statute
W.
2.
&c.
he
shall
be
said
paratus
who
comes
at
the
time
appointed
by
the
Law
,
●2
H.
6.
2.
and
not
presently
,
as
where
a
remainder
depends
upon
a
remainder
for
life
,
here
he
is
in
Law
said
paratus
,
if
hee
come
after
the
others
which
are
meane
and
have
made
default
.
Expositio
quorundam
verborum
&
sententiarum
in
devises
of
Land
.
I.
S.
hath
Lands
in
D.
and
also
Rents
,
Court-Leets
,
dismes
and
common
,
and
doth
devise
to
his
eldest
Son
divers
Lands
by
name
,
and
then
devises
to
his
yongest
Son
all
his
other
Lands
purchased
free
hold
and
copy-hold
,
Trin
.
9.
Eliz
.
per
Dyer
.
Walsh
&
Gawdy
,
1.
and
it
was
ruled
because
in
the
forepart
of
the
will
,
all
his
Lands
were
devised
to
the
eldest
,
the
rents
,
tithes
,
leets
,
&c.
shall
by
those
words
passe
to
the
youngest
son
.
In
20
Iac
.
in
b
.
Roy
case
,
Scatter
good
.
22
Iac
.
Case
Fox
.
A
man
devises
all
his
living
to
I.
S.
and
and
judge
his
reversion
shall
passe
.
Item
,
I
will
and
intend
to
devise
my
Land
to
A
,
this
is
a
present
devise
of
the
Land
per
opem
curiae
.
A
man
devises
the
fee
simple
of
his
Land
to
his
wife
,
and
after
her
decease
to
his
son
Thomas
,
●●
Eliz
.
&c.
shee
takes
for
life
the
remainder
to
the
son
for
life
,
the
remainder
in
fee
to
the
wife
,
but
it
is
not
executed
to
make
a
title
,
her
husband
to
be
Tenant
by
the
courtesie
.
Et
Cetera
,
&c.
This
will
help
in
many
cases
in
Law
.
In
an
action
of
trespasse
,
quare
bona
,
&c.
and
declare
of
a
bale
of
wood
,
and
ruled
it
is
not
good
because
in
the
singular
number
,
Hill
.
1●
.
H.
1.
Keble
.
and
the
writ
in
the
plurall
,
but
if
this
expression
,
&c.
had
been
added
,
it
would
have
made
it
good
.
A
Recognizance
in
atteint
is
,
that
if
hee
doe
such
and
such
things
,
quod
tunc
,
&c.
Dyer
.
per
,
&c.
by
these
particles
,
the
condition
of
the
Recognizance
shall
be
perfected
,
which
otherwise
is
not
.
Indictment
is
certified
up
to
be
capta
,
before
such
Justices
ad
pacem
,
nec
non
ud
diversas
fellonias
&
alia
malafacta
,
&c.
&c.
supplies
the
other
particulars
of
the
commission
,
Trin
.
11.
Car
.
b
.
Ro●
,
but
in
the
the
same
case
it
was
ruled
,
that
such
an
Indictment
certified
capta
coram
,
Justiciaris
ad
pacem
,
&c.
was
not
good
,
and
doubted
if
it
were
certified
to
be
presented
per
sacramentum
proborum
&
legalium
hominum
,
&c.
and
doth
not
put
down
the
names
of
the
Grand
Jurie
if
it
shall
be
good
.
When
a
record
is
sent
up
in
a
Writ
of
errour
,
out
of
an
inferiour
Court
,
shews
the
venire
facias
was
awarded
,
ad
recognoscendum
,
&c.
Trin
.
11.
Car
.
Case
.
Hambleton
in
b
.
Roy
.
At
the
Assize
Ebor
.
9.
Car
.
by
Davenport
Chiefe
Baron
.
and
sufficient
without
shewing
the
particular
issue
,
an
&c.
added
to
a
prescription
made
it
ill
,
and
the
plaintiffe
non
suted
,
super
inde
.
Commodities
,
profits
,
emoluments
,
these
words
in
a
deed
added
to
the
land
or
Mannor
sold
extend
to
such
things
which
yield
naturall
profit
,
which
an
advouson
doth
not
,
Trin
.
18.
Iac
.
in
Comm
.
b
.
Case
Loudor
.
Vide
Chapter
of
Southwell
.
and
therefore
it
was
resolved
it
extends
not
to
an
Advow
appendant
,
&c.
to
passe
that
without
expresse
words
.
Sovereigne
,
In
Law
it
is
no
more
but
the
supreme
of
a
house
,
or
a
Town
,
&c.
So
an
Abbot
is
Sovereigne
of
the
house
,
and
Claydon
the
Marshall
of
the
household
,
7
E.
3.
24.
is
termed
there
Sovereigne
,
in
respect
of
the
Gaoler
and
the
command
of
such
an
one
obeyed
,
shall
excuse
the
subject
or
inferiour
.
28
E.
3.
11.
Sovereigne
of
the
Town
shall
pursue
fellons
,
&c.
this
is
the
chiefe
officer
be
it
Constable
,
or
&c.
Subditus
is
one
who
is
subject
to
the
ordinary
jurisdiction
of
another
,
Register
44.
as
those
under
the
Diocesan
are
said
Subditi
in
the
writ
of
consultation
,
Britton
19.
W.
2
cap
.
40.
and
the
word
is
used
also
for
any
neighbour
or
inferiour
,
within
the
distresse
of
such
a
Court
,
but
in
a
strict
sense
it
refers
to
the
Prince
,
so
Boden
,
subditus
plurium
principum
quisque
esse
non
potest
.
See
Dyer
360.
Its
said
that
one
of
Ireland
is
subject
of
Irelaend
,
and
not
of
England
,
quod
nota
:
and
see
Calvins
case
,
7
Report
.
Miniments
.
A
word
used
in
Conveyances
,
35
H.
6.
37.
it
includes
all
manner
of
Evidences
whatsoever
,
quasi
Muniments
.
Old
lib
.
Entryes
335.
There
it
is
said
forger
of
false
deed
and
Muniments
.
49
Fictio
juris
neminem
ledere
debet
.
But
ayde
much
it
may
,
and
this
is
seen
in
all
matters
where
the
Law
works
by
relation
and
division
of
an
instant
,
which
are
fictions
in
law
.
11
H.
4.
12.
A
Constable
takes
one
which
had
struck
another
,
and
then
sets
him
at
liberty
,
the
party
stricken
dyes
of
this
stroake
,
this
is
felony
ab
initio
,
but
not
to
the
prejudice
of
the
Constable
who
suffered
this
escape
.
A
feoffment
is
upon
condition
that
he
shall
re-infeoff
him
,
he
grants
a
rent-charge
,
and
the
Grantee
brings
a
Writ
of
annuity
,
now
it
is
an
annuity
by
relation
ab
initio
,
3
Report
Case
Butler
and
B.
30
E.
3.
17.
betwixt
the
Grantor
and
Grantee
,
but
not
to
defeat
the
condition
broken
,
quoad
the
Feoffor
.
A
fine
is
levied
,
sur
render
the
Conusee
by
fiction
in
law
hath
seisin
in
an
instant
to
make
this
renderback
good
,
but
to
no
other
purpose
to
the
prejudice
of
the
conusor
,
for
his
wife
shall
have
no
Dower
,
2
Report
Case
Lord
Crumwell
.
nor
shall
this
land
be
subject
to
any
statute
,
&c.
in
which
this
Conusee
was
bound
.
50
Fortior
est
obligatio
partis
quàm
legis
.
A
man
is
bound
by
obligation
to
pay
his
rent
,
he
ought
to
seek
the
Lessor
to
pay
him
.
22
H.
6.
Dyer
33.
33
Eliz
.
A
man
is
bound
in
a
bond
to
repaire
a
house
,
hee
shall
do
this
against
tempest
,
&c.
and
so
also
though
it
be
ruinous
at
the
time
of
the
lease
,
which
otherwise
hee
is
not
bound
to
doe
.
If
the
Lessor
Covenant
the
Lessee
shall
enjoy
the
land
demised
pacifice
,
this
extends
to
those
,
do
interrupt
him
by
wrong
,
Dyer
328.
40
E.
3.
6.
whereby
the
word
demise
he
is
not
bound
.
51
Fortior
est
provisio
legis
quàm
partis
.
The
statute
of
Glocester
which
prohibits
a
man
do
no
waste
,
it
is
expounded
that
he
shall
not
permit
wast
,
11
Eliz
.
Dyer
281.
Doct
.
&
Stud
.
but
if
I
be
bound
that
I
shall
not
do
waste
,
my
bond
is
not
forfeited
by
waste
permissive
.
52
Fortior
est
dispositio
legis
quàm
hominis
.
A
man
hath
interesse
termini
,
hee
cannot
this
surrender
,
but
if
he
take
a
new
Lease
in
praesenti
,
this
is
a
surrender
of
the
old
interesse
termini
.
And
upon
this
reason
it
is
that
conditions
in
law
are
so
strong
,
as
expresse
conditions
.
10
Report
67.
Litt
.
378.
53
Fortior
&
melior
est
provisio
Legis
quàm
hominis
.
Parceners
,
by
the
law
are
to
have
equall
portions
of
lands
tayle
and
fee
,
now
if
one
of
them
agree
to
take
all
her
part
of
the
tayled
lands
,
she
may
suffer
by
this
partition
.
A
man
is
seized
of
three
manners
,
of
equall
value
,
and
takes
a
wife
,
and
shee
takes
one
entire
mannour
for
her
dower
,
which
is
charged
with
the
rent
shee
shall
hold
it
charged
,
1
Institu
.
17●
.
otherwise
is
it
if
she
had
recovered
her
dower
,
and
had
had
a
third
part
of
each
assigned
to
her
.
54
Fundamento
distructo
cadit
opus
,
à
quare
non
admisit
,
is
awarded
,
and
afterward
the
originall
record
is
removed
by
a
writ
of
Errour
,
now
the
other
fails
though
it
be
disadvantage
to
the
King
,
who
cannot
now
proceed
for
the
contempt
but
by
Green
,
if
hee
is
attainted
once
for
the
contempt
,
the
reversall
of
the
first
judgement
afterward
shall
not
aid
him
to
avoid
the
contempt
ut
supra
,
M.
26
E.
3.
placito
25.
fol.
75.
43
E.
3.
18.
an
exigent
goes
out
for
felonie
,
and
after
a
pardon
of
ancient
date
to
the
exigent
comes
,
and
all
things
by
the
Law
required
are
done
,
the
chattels
are
saved
,
an
excommengement
is
for
contempt
of
a
letter
missive
from
the
high
commission
,
the
contempt
is
pardoned
,
P.
23.
Eliz
.
6
Report
13.
the
excommengement
is
also
exconsequenti
:
Execution
is
sued
upon
a
Statute
,
and
then
the
Conusee
makes
a
defeasance
of
the
Statute
,
upon
payment
of
twenty
pounds
,
if
it
is
paid
,
the
execution
shall
be
defeated
,
20
Ass.
7.
as
well
as
the
Statute
.
vide
.
43.
E.
3.
18.
55
Generale
nihil
certum
ponit
,
and
is
rejected
in
Law
.
A
man
is
bound
to
devise
all
his
lands
in
the
tennor
of
I.
S.
in
the
Towne
of
D.
2
Report
33.
Case
Dodington
.
the
obliger
may
say
,
hee
hath
no
lands
there
,
so
a
man
is
bound
to
be
non
suited
in
all
actions
that
he
hath
in
the
Common-pleas
,
hee
may
say
he
hath
none
there
:
otherwise
if
the
condition
be
particular
,
as
to
be
nonsuted
in
a
formdon
,
22
Ass
73.
&c.
Inditement
is
thus
,
that
A.
is
a
malefactor
or
a
common
thiefe
,
it
's
not
good
.
56
Generall
words
where
they
will
helpe
particular
infirmities
.
As
Scire
facias
is
a
gainst
two
severall
tenants
,
the
Sheriffe
returnes
Scire
feci
,
the
two
modo
&
forma
pro
ut
breve
exigit
,
now
this
which
was
joynt
in
the
beginning
of
the
return
is
now
severall
and
good
by
the
generell
words
modo
&
forma
,
&c.
So
where
a
Sheriff
returns
that
virtute
brevis
he
hath
done
such
a
thing
,
2
H.
4.
13.
and
in
the
sequel
of
his
return
are
many
imperfections
,
they
shall
be
helped
all
by
these
generall
words
,
virtute
brevis
:
34
H.
6.
see
to
this
purpose
of
these
words
contra
formam
Statuti
,
&
what
imperfections
will
be
aided
by
these
words
;
so
by
the
words
secundum
formam
Statuti
,
Stamford
8
1.
where
it
's
said
they
shall
have
the
force
as
if
the
very
words
of
the
Statute
&c.
had
been
punctually
expressed
.
An
information
is
upon
the
Statute
of
buying
titles
,
5
Report
7.
Dyer
13.
Eliz
.
11
H.
4.
4
Case
Barns
and
Hill
Michel
.
7.
Car
.
in
b
.
le
Roy
.
and
there
is
a
mistake
in
the
record
of
the
day
of
holding
the
Parliament
,
or
in
the
ending
of
it
,
but
because
the
words
contra
formam
Statuti
were
in
the
conclusion
,
that
was
aided
in
the
misrepetition
of
the
date
,
or
day
of
holding
the
Parliament
,
which
was
vain
.
57
Generall
words
in
grants
where
they
shall
be
restrained
by
particular
words
in
the
same
clause
,
&
contray
.
8
Report
.
11
Case
Carter
.
A
man
hath
a
mannor
in
O
,
and
other
lands
not
parcell
of
the
manner
,
and
suffer
a
Recoverie
of
all
,
and
declare
by
Indenture
that
the
use
of
all
his
lands
in
O
,
shall
be
to
the
use
of
A
,
this
shal
not
be
of
the
Mannor
which
was
particularly
mentioned
before
.
A.
acknowledges
a
fine
of
the
Mannor
of
D.
with
an
advouson
,
Temp
.
E.
1.
F.
title
grants
per
Barkley
.
Iudg
.
13
Car
.
19
H.
6.
per
Ascue
.
and
regrants
the
Mannor
cum
pertinentiis
,
the
advouson
shall
not
passe
in
this
case
.
A
Release
to
Jo
.
S
,
executor
I.D.
all
actions
now
by
this
restrictive
word
executor
no
impediment
shal
be
,
but
that
this
release
shall
have
an
operation
upon
all
the
capacities
of
I.S.
The
Obligee
grants
to
the
obligor
,
that
he
shall
bee
discharged
of
the
bond
,
and
if
he
is
sued
upon
it
,
that
hee
shall
plead
this
as
a
Release
:
21
H.
7.
32.
It
is
a
release
presently
without
expecting
Suit
,
&c.
58
Generale
discendens
in
particulare
sive
Speciale
,
shall
be
ruled
by
that
speciall
.
A
man
grants
a
rent
in
the
Mannor
of
D.
8
Report
Case
Altham
.
percipiendum
in
100
Acres
,
parcell
of
the
same
Mannor
,
or
distringendum
in
100
Acres
,
this
rent
is
charged
upon
this
100
Acres
onely
,
Dyer
261.
9
Eli
.
so
a
man
releaseth
all
demands
,
nec
non
title
of
dower
in
the
Lands
of
W.
this
curbs
the
generall
word
demands
,
and
ties
it
to
the
Lands
of
W.
onely
.
I.
H
,
grants
his
Mannor
S.
in
A.
and
B.
9
Eliz
.
Dyer
261.
where
this
extends
also
into
C.
nothing
of
the
Mannor
in
C.
shall
passe
.
A
man
devises
all
his
Land
in
D.
and
the
Hamblet
of
I
,
this
excludes
that
Lands
in
other
Hamblets
then
I
,
shall
passe
though
within
the
same
Town
,
but
note
if
the
speciall
is
first
put
down
in
the
deed
and
generall
word
after
that
the
Law
is
contrary
,
as
when
one
is
made
Deputy
Steward
to
take
a
surrender
absolute
,
Trin
.
26.
Eliz
.
inter
Adams
&
Fost●r
.
&
ulterius
facere
omnia
qua
ad
officium
ejus
in
hac
parte
pertinent
facienda
,
this
enlarges
his
power
,
so
that
this
Steward
now
may
take
a
surrender
conditionall
,
&c.
Vide
7
E.
3.
10.
bene
upon
this
rule
.
59
Hee
that
needs
most
let
him
blow
the
cole
.
Upon
this
reason
hee
which
is
to
have
benefit
shall
do
the
first
act
.
Vide
antea
,
title
Act
,
so
where
request
is
to
be
made
,
hee
who
is
to
have
a
vaile
shall
make
it
,
&c.
Detinue
is
brought
of
a
deed
of
Release
,
the
defendant
garnish
〈◇〉
,
to
whom
this
was
made
,
&c.
and
upon
shewing
the
deed
,
the
seale
was
debrused
,
and
the
Plaintiffe
would
have
had
damages
,
and
ruled
no
,
29
E.
3.
31.
for
he
hath
no
reason
to
complain
of
the
debruser
,
&c.
but
hee
to
whom
it
was
made
,
and
let
him
blow
the
coal
if
he
will
.
60
Integra
lex
separat
&
individua
.
A
Charter
may
be
allowed
for
part
,
because
it
hath
beene
allowed
in
Eyre
,
and
disallowed
pro
residuo
.
21
H.
7.
29.
In
debt
upon
a
bond
against
two
,
the
one
acknowledgeth
the
deed
,
the
other
pleads
in
abatement
,
and
it
was
awarded
the
Plantiffe
shall
recover
a
moyty
.
4
E.
2.
F.
Tittle
judgment
229.
So
a
judgment
may
be
reversed
for
part
as
a
fine
,
for
that
it
was
ancient
Demesne
was
reversed
for
that
part
and
stood
good
for
the
rest
.
And
note
there
is
a
speciall
Writ
of
Errour
to
remove
part
of
the
Record
,
21
E.
3.
20.
Dyer
291.
&c.
61
Idem
taken
pro
Simile
.
So
a
limitation
ad
eundem
usum
was
taken
pro
tali
usu
.
Obligation
is
to
pay
20
shillings
at
Michael
.
Dyer
13.
&
233.
Plo
.
Case
.
Browning
.
&
B.
and
the
yeer
following
20
shillings
at
the
same
Feast
.
It
is
taken
for
the
like
feast
.
Vide
5
H.
7.
39.
40.
Inconvenience
,
see
afterward
here
fol.
63
62
Indefinitum
supplet
locum
universalis
.
A
man
is
bound
,
his
Feoffees
shall
grant
a
Rent
,
or
make
a
feoffment
,
all
ought
to
joyne
in
this
grant
.
21
H.
6.
10.
Plo
.
30.
A
man
gives
bona
sua
in
D.
It
s
all
one
as
if
he
had
said
,
omnia
bona
dies
,
datus
est
partibus
praedictis
,
it
s
all
one
as
if
he
had
said
omnibus
partibus
,
a
Writ
is
directed
Coronatoribus
Lincoln
.
E.
4.
1.
Its
all
one
as
if
he
had
said
omnibus
,
and
is
not
intended
2
or
3.
The
statute
of
Winchester
is
that
the
hundred
shall
answer
for
the
body
of
the
offendors
,
11
H.
7.
11.
Plo
.
75.
this
is
taken
for
all
the
offendors
,
and
the
taking
of
two
or
more
will
not
serve
the
turn
.
See
for
the
pleading
of
this
Case
onely
foure
or
five
of
the
Inhabitants
are
to
be
named
in
Certeine
,
&c.
7
Report
7.
Case
Milborn
.
A
tenant
pleads
that
hee
is
no
tenant
of
the
Freehold
,
and
issue
is
joyned
upon
this
,
and
it
s
found
tenant
but
for
part
,
and
of
the
residue
not
,
this
is
against
the
pleador
.
See
2
R.
3.
17.
18.
6
H.
7.
15.
1
E.
5.
5.
27
E.
3.
Mich
.
10.
Car
.
inter
Lee
&
Smathers
.
Exceptions
.
21.
This
generall
rule
hath
severall
exceptions
and
restrictions
.
As
in
case
the
non
observance
of
it
makes
for
advance
of
Justice
,
as
a
tales
,
quales
,
&c.
10
Report
Denbawd
case
.
shall
issue
in
favour
of
tryals
,
though
onely
one
of
the
principall
pannell
did
appeare
.
See
12
H.
4
Tit
:
Certificate
of
Assiize
4.
And
Hobs
Case
,
Institute
1.
Upon
the
same
reason
,
Vt
res
magis
valeat
.
R.
2.
granted
to
the
Abbot
of
W.
that
he
and
his
successors
shall
be
Collectors
of
Dismes
granted
per
Clerum
Angliae
,
this
shall
be
taken
for
that
part
of
the
Clergie
use
,
8
Report
56.
4
Report
Case
of
Corporns
.
to
grant
such
dismes
which
is
the
Clergy
of
the
severall
Provinces
.
Prescription
is
that
the
Major
shall
be
chosen
by
the
Comminalty
,
by
usage
this
shall
be
restreined
to
the
principall
of
the
Comminalty
,
&c.
A
Common
is
claymed
to
a
Mannor
,
it
is
by
intendment
all
times
of
the
yeere
,
but
yet
it
s
not
so
strong
as
if
expressed
all
times
of
yeer
.
Trin
.
8.
Car
.
Case
Bullock
.
See
30
H.
6.
2.
8
Report
91.
21
E.
4.
44
Dyer
186.
21
E.
4.
44.
5.
6.
59
Ignorantia
non
excusat
,
nor
folly
,
but
a
man
shall
have
prejudice
by
this
much
.
Lit
.
261.
Briton
62.
The
Clerk
mistakes
,
debet
pro
detinet
in
a
Writ
,
Ignorance
is
no
excuse
.
If
a
man
can
read
and
will
accept
the
declaration
of
the
contents
of
a
deed
by
one
who
declares
it
in
a
different
manner
,
from
that
the
truth
in
the
deed
is
,
This
shall
not
ayde
him
,
22
E.
4.
21.
2
Report
Case
Thorowgood
.
but
he
is
bound
by
it
.
60
Inter
aequales
melior
est
conditio
possidentis
.
Upon
this
reason
't
is
that
hee
that
hath
an
estate
by
wrong
,
shall
hold
against
all
others
who
have
no
title
.
If
ten
Mannors
are
conveyed
to
severall
persons
by
one
and
the
same
Deed
which
of
these
happen
to
get
the
Deed
may
deteine
it
,
where
two
severall
persons
have
each
of
them
power
distinct
to
make
a
lease
of
4
H.
7.
10.
such
Lands
which
of
them
leased
it
first
shall
stand
.
A
Lord
allows
six
Chaplains
by
his
Letters
Testimoniall
all
are
presented
to
six
severall
Benefices
,
Pluralities
the
three
first
promoted
shall
stand
.
Two
Attourneys
reteyned
conjunctem
&
divisem
,
4
Report
Case
Drury
.
12
H.
7
9.
the
plea
of
him
first
pleads
shall
stand
.
A
Ser
eant
at
Law
brings
an
Action
against
an
officer
of
the
Kings
Bench
,
the
Common
Place
shall
have
the
priviledge
.
See
48
E
3.
20.
21.
13
E.
3.
F.
Assize
91.
Where
it
is
said
that
possession
by
halfe
a
day
is
not
sufficient
to
gaine
a
freehold
against
him
is
a
tort
fesor
,
&c.
and
so
titles
equall
.
61
Iteration
of
a
small
offence
will
make
it
amount
to
a
great
one
.
As
if
a
Gaoler
permit
severall
negligent
escapes
,
this
will
grow
to
be
in
judgment
of
law
as
much
and
as
high
a
crime
as
a
voluntary
escape
.
39
H.
6
33.
62
Injuria
propria
non
cadet
in
beneficium
facientis
.
A
water
runs
upon
the
land
of
I.S.
he
stops
it
,
by
which
my
land
is
surrounded
,
I
may
enter
his
Close
and
debruse
that
which
stops
the
water
course
.
8
E.
4
5.
Lessee
for
yeers
puls
downe
his
house
,
hee
shall
not
have
the
tymber
was
in
it
to
reedifie
it
,
as
he
shall
when
it
s
blown
down
:
the
same
law
is
if
hee
cut
downe
trees
hee
hath
lost
his
speciall
interest
in
them
for
shade
,
4
Report
Case
Herlaken
.
&c.
A
man
devises
land
to
A.
till
a
hundred
pound
levied
and
dyes
,
the
heir
enters
&
continues
by
four
yeers
in
which
by
computation
the
money
might
have
been
levied
,
4
Report
Case
Edw
.
Corbet
.
the
Devisee
shall
have
foure
yeers
more
against
him
is
heire
.
In
a
praecipe
quod
reddat
,
the
tenant
is
essoigned
at
the
Grand
Cape
,
4
E.
428.
where
he
ought
not
to
be
this
shall
not
turne
to
a
discontinuance
.
One
takes
my
goods
by
wrong
and
them
offers
to
an
Image
,
my
property
is
gone
,
but
if
afterward
these
goods
come
again
to
the
possession
of
the
trespassor
,
34
H.
6.
11.
I
may
cease
them
out
of
his
hands
.
63
In
praesentia
majoris
cessat
potestas
minoris
.
Institutes
4.
13.
A
Lord
of
the
Parliament
makes
a
proxy
,
and
after
comes
himselfe
into
the
house
of
Lords
,
though
hee
says
nothing
,
the
power
of
the
Proxy
ceaseth
.
64
Laches
may
prejudice
but
shall
not
ayde
any
man
.
Tenant
in
tayle
sels
a
hundred
Oakes
for
twenty
pound
,
the
vendee
delayes
the
taking
of
them
till
the
vendor
die
,
18
E.
4.
6.
he
hath
lost
them
for
ever
.
A
man
brings
a
Formdon
against
two
,
the
one
pleads
,
ne
dona
pas
,
which
is
found
against
him
,
the
other
pleads
Basterdy
,
if
the
demandant
in
this
case
do
not
pray
his
judgment
against
the
first
,
15
E.
4.
27.
till
the
other
issue
tryed
against
him
which
findes
him
basterd
,
he
shall
by
this
neglect
lose
the
other
moyty
which
he
might
have
had
.
Custome
of
a
Towne
is
after
Corn
and
Hay
,
severed
and
carried
away
in
such
a
field
to
put
in
Hogs
,
&c.
if
one
will
permit
his
corn
to
continue
there
where
he
had
sufficient
time
equall
to
his
neighbours
,
it
is
at
his
owne
perill
,
21
E.
4.
41.
F.
b●rr
.
205.
and
the
other
may
put
in
their
beasts
,
&c.
as
if
the
Corn
had
been
taken
away
.
A
man
hath
five
load
of
hay
to
be
taken
yeerly
in
such
a
Medow
,
if
the
grantee
do
not
take
their
loads
of
hay
one
yeere
,
it
is
lost
for
ever
,
and
he
cannot
take
it
the
next
yeer
,
for
then
perhaps
he
should
take
all
the
hay
in
that
place
which
was
not
reasonable
,
27
H.
6.
10.
and
might
put
the
owner
without
hay
for
that
yeer
.
65
The
Law
avoyds
Circuit
of
action
.
Upon
this
reason
t
is
that
where
a
Lessor
Covenants
to
repair
and
doth
not
,
the
lessee
shall
not
be
put
to
a
suit
upon
the
Covenant
,
12
H.
8.
1.
but
shall
deteine
so
much
money
out
of
his
Rent
,
&c.
annuity
is
granted
to
A.
for
which
he
covenants
and
grants
to
be
with
the
Grantor
in
every
place
in
the
County
,
8
H
●
.
23.
&c.
if
he
fail
to
be
with
him
&c.
he
may
plead
it
in
barre
of
the
Annuity
,
and
shall
not
be
enforced
to
an
action
of
Covenant
.
66
The
Law
yields
to
necessity
.
Upon
this
reason
it
is
that
in
a
Writ
averment
that
they
are
the
same
lands
shall
not
be
admitted
,
6
E.
3.
41.
5
Report
Case
of
Amendments
.
7
Report
Cases
of
discont
.
scilicet
.
38
E.
3.
25.
because
hee
may
have
another
Writ
,
but
in
a
fine
upon
release
,
it
shall
rather
then
the
land
shall
be
lost
,
and
the
advantage
of
the
fine
anuld
.
If
there
be
not
sufficient
to
serve
of
a
Jury
,
the
tenant
to
one
of
the
parties
shall
be
sworne
rather
then
fail
of
the
tryall
.
The
husband
discontinue
an
acre
parcell
,
&c.
With
the
Advowson
,
the
Alicnee
presents
and
dyes
,
the
heir
grants
the
Advowson
now
in
so
much
that
the
wife
cannot
recover
this
Advowson
,
17
E.
3.
4
5.
by
recovery
of
the
acre
,
because
of
the
severance
of
this
from
the
acre
by
the
grant
he
shall
present
without
recovery
of
the
advowson
,
as
if
it
had
bin
severed
at
the
first
.
13
H.
8.
16.
6
E.
4.
7.
One
cuts
an
Oke
which
fals
upon
the
land
of
another
,
now
if
he
could
not
prevent
this
,
he
shall
be
excused
to
enter
into
this
land
and
take
it
away
.
The
same
law
is
if
beasts
be
driven
by
the
high-way
,
and
they
run
into
the
Corn
,
he
may
enter
into
the
Corn
to
drive
them
out
.
10
E.
4.
7.
In
a
per
quae
servitia
against
a
Prioresse
,
22
E.
4.
8.
for
that
she
is
incloystered
shee
shall
atterne
by
her
attourney
.
43
E.
3.
8.
A
man
gives
me
leave
to
come
to
his
house
,
and
after
discharges
me
again
,
20
E.
4.
4.
if
I
continue
there
afterward
I
am
a
trespassor
,
but
if
the
countermand
was
in
time
of
a
tempest
,
the
law
alters
,
and
they
may
stay
there
untill
it
be
over
,
sed
nota
differentiem
inter
necesse
&
necessarium
,
though
in
Latine
as
Davis
thinks
,
fol.
12.
they
are
used
promiscuously
,
vouching
the
sentence
of
a
Roman
Senator
,
6
Report
Case
Trollop
.
Nihil
magis
justum
quàm
necessarium
,
&
per
Coke
,
Necessitas
est
lex
temporis
.
67
The
Law
will
suffer
a
mischief
rather
then
an
inconvenience
.
This
word
Incontinence
so
much
used
in
our
Law
hath
the
force
of
against
reason
scilicet
,
Lit
.
231.
138.
Institutes
152.
artificial
reason
perfected
by
use
and
experience
termed
summa
ratio
.
And
it
is
in
truth
when
some
maxime
of
the
Law
is
shaken
.
A
man
priviledged
in
some
Court
is
sued
in
London
,
and
the
matter
is
actionable
no
where
but
there
in
London
,
yet
by
his
priviledge
the
cause
shall
surcease
there
.
38
H.
6.
30.
This
the
reason
that
a
Fem
covert
or
Infant
shall
not
avoid
their
fines
at
full
age
,
or
after
the
husbands
death
.
17
E.
3.
79.
See
title
Voucher
in
Fitz
.
81.
13
H.
4.
3.
Matter
upon
like
reason
.
68
Lex
non
cogit
ad
impossibilia
.
This
the
reason
a
Corporation
,
as
Major
and
Comminalty
may
do
pety
ordinary
things
without
writing
,
7
H.
7.
18.
for
the
infinity
of
them
,
so
a
Sheriffe
he
shall
plead
generally
ea
ratione
,
&c.
because
of
the
impossibility
to
do
otherwise
in
all
the
severall
businesse
of
his
office
.
The
statute
appoints
that
in
redissesin
,
the
Sheriffe
shall
go
to
the
place
and
there
shall
take
the
inquest
if
now
the
redissesin
is
of
a
rent
which
issues
out
of
divers
Lands
in
severall
places
,
40
Ass.
23.
so
as
he
cannot
be
at
all
at
once
.
Its
sufficient
to
take
the
inquest
at
one
of
them
&c.
because
of
the
impossibility
,
&c.
lease
upon
condition
he
dwell
upon
the
land
demised
,
and
he
dyes
at
the
end
of
ten
yeers
,
the
lease
being
for
forty
yeers
,
yet
his
executor
shall
enjoy
this
tearm
,
Michel
.
37.
38
Eliz
.
because
the
condition
is
become
impossible
,
&c.
69
Lex
judicat
de
impossibiliter
faciendis
quasi
fractis
.
So
tenant
in
tayle
suffers
an
usurpation
,
the
issue
is
bound
till
the
Church
become
void
again
,
but
if
hee
had
made
an
appropriation
of
it
.
In
which
case
by
judgment
of
law
it
wil
never
come
void
again
in
this
case
,
hee
may
bring
his
action
presently
as
if
it
were
absolutely
void
.
46
Ass.
4.
I.
Neveros
Case
.
A
Covenant
is
that
lessee
will
leave
the
trees
in
as
good
plight
at
the
end
of
his
terme
as
he
found
them
,
and
he
cuts
them
down
,
an
action
lies
presently
for
the
impossibility
to
performe
,
see
5.
Temps
E.
1.
F.
Covenant
29.
7
Report
15.
Report
Case
,
Sir
Anthony
Maine
ruled
upon
the
same
reason
.
A
man
submits
to
arbitrement
,
and
then
repeals
the
authority
of
the
arbitrator
,
&c.
this
makes
all
impossible
to
go
on
,
&c.
and
is
as
much
in
doome
of
law
as
if
he
had
broke
the
arbitrement
actually
,
and
his
bond
is
forfeited
,
but
nota
.
8
Report
ease
Viner
.
The
Impossibility
must
be
absolute
,
for
if
the
least
possibility
remayne
it
alters
the
law
,
as
where
the
condition
was
upon
a
feoffment
to
re-infeoff
the
Feoffor
,
the
Feoffee
is
disseised
,
and
then
acknowledgeth
a
statute
or
takes
a
wife
,
&c.
in
this
case
at
first
sight
in
ordinary
reasen
it
is
impossible
he
cannot
make
this
feoffment
,
but
hee
must
enter
before
by
which
the
Land
will
be
charged
with
these
incumbrances
,
yet
because
the
wife
may
dye
,
or
he
may
procure
a
release
of
the
statute
before
the
time
of
entry
&
refeoffment
,
2
Report
Case
Iulius
Winington
.
therefore
no
such
impossibility
is
in
the
case
to
amount
to
a
breach
of
the
covenant
.
So
in
case
of
trees
before
,
if
the
Covenant
had
been
of
a
house
in
as
good
plight
,
&c.
which
is
out
of
repaire
,
and
the
tearm
is
welnigh
ended
within
three
days
,
in
which
a
kinde
of
impossibility
is
to
doe
it
,
12
E.
3.
Fitz
.
Tit
.
Covet
.
2.
yet
an
action
doth
not
lye
till
the
tearm
be
wholy
effluxed
.
E
converso
,
The
Law
adjudges
sometimes
that
is
impossible
to
be
done
as
actually
performed
.
As
where
it
was
enacted
that
a
statute
the
made
should
have
continuance
till
the
King
returned
à
partibus
transmarinis
,
and
he
dyed
there
,
this
statute
is
now
determined
,
as
if
hee
had
returned
.
18
H.
6.
12.
A
lease
is
for
yeers
untill
Accomplish
the
age
of
21
,
hee
dyes
at
eighteene
,
this
lease
is
determined
as
fully
,
as
if
he
had
come
to
one
and
twenty
.
3
Report
Case
Borraston
.
70
Lex
accepit
voluntatem
&
diligentiam
pro
facto
.
No
place
is
limited
where
money
shall
be
payed
in
the
condition
of
a
bond
,
if
now
the
obligor
happen
in
company
with
the
obligee
intending
to
tender
him
the
money
,
8
E.
4.
1.
per
Catesby
.
and
the
other
shifts
away
to
prevent
him
,
&c.
It
seems
in
this
case
hee
shall
be
excused
,
because
hee
hath
done
his
endevour
.
A
man
gives
a
Jurour
money
to
embrace
him
,
though
it
happen
the
verdict
do
pass
against
this
man
,
yet
he
shall
be
punished
for
this
,
&
the
law
was
that
if
one
assaile
me
to
rob
me
though
he
did
not
,
yet
he
should
die
for
it
.
28
H.
6.
12.
Dyer
9●
.
See
Frosts
Case
5
Rep.
&
Ridgways
Case
3
Rep.
&
Plow
.
22.
Exception
2.
Nota
,
this
exception
where
the
Condition
,
Act
or
&c.
is
to
be
done
to
an
estranger
there
,
to
do
what
in
him
is
,
will
not
serve
,
but
it
shall
be
actually
done
,
and
it
s
nothing
to
have
done
quantum
in
se
est
.
As
a
covenant
is
betwixt
A.
and
B.
that
if
A.
upon
the
tender
of
a
hundred
pound
makes
him
an
estate
,
then
B.
shall
release
to
A.
A.
is
all
times
ready
to
make
the
estate
pro
ut
,
&c.
but
the
100
li.
23
Eliz
.
Dyer
371.
is
not
tender
,
&c.
B.
in
this
case
is
not
bound
to
make
any
release
.
71
Lex
judicat
de
rebus
necessario
faciendis
quasi
reipsa
factis
.
One
erects
a
jetty
above
my
house
,
by
which
of
necessity
the
raine
will
fall
and
run
upon
my
house
or
curtelage
.
4
Report
Case
Pentuddock
.
Its
lawfull
for
mee
in
this
case
to
debruse
it
and
pull
it
down
before
any
rain
have
falne
,
all
one
as
if
it
had
falne
upon
the
house
.
72
The
Law
judges
of
that
may
be
done
as
actually
done
.
Upon
this
reason
it
is
that
the
attornement
by
an
Infant
in
pais
is
good
,
9
Report
Case
Conie
.
because
he
might
have
been
compelled
by
a
fine
to
do
it
.
The
Sheriffe
may
sell
goods
without
any
venditioni
exponas
,
because
hee
might
by
such
a
Writ
have
been
compelled
to
it
.
5
Report
Case
Hoe
.
A
Rent
charge
is
payed
twenty
yeeres
without
acquittance
,
and
after
a
Writ
of
annuity
is
brought
,
37
H.
6.
19.
he
shall
be
received
to
plead
payment
as
to
a
rent
because
hee
might
have
done
so
if
he
had
issued
for
it
as
rent
.
9
Report
Case
Sir
George
Reynalls
.
1
E.
3.
11.
An
office
is
granted
for
yeers
,
it
is
void
because
this
may
come
to
an
executor
.
Albeit
an
essoigne
is
not
cast
,
yet
because
it
might
have
been
done
,
a
Jury
shall
not
be
demanded
the
first
day
.
The
King
discharges
all
Intrusions
,
&c.
and
one
hath
entred
at
this
time
,
yet
because
office
was
not
found
it
cannot
be
said
Intrusion
,
but
resolved
because
an
office
may
be
found
when
the
King
pleaseth
,
11
Eliz
.
Dyer
.
284.
it
is
all
one
in
law
as
if
it
were
found
see
4
Report
Bevils
case
,
bin
to
this
purpose
.
Nota
,
If
a
thing
is
in
my
Will
to
have
,
it
is
all
one
as
in
my
possession
,
so
where
it
is
in
the
will
and
power
of
a
prisoner
to
escape
,
10
H.
6.
6.
42
E.
3.
10.
it
is
all
one
as
if
hee
had
escaped
in
judgement
of
law
.
Fitch
.
Coron
.
432.
Exception
.
14
H.
7.
2.
He
which
is
acquitted
upon
an
Appeal
may
this
shew
upon
an
Indictment
,
but
if
hee
do
not
so
he
shall
have
no
damages
.
See
4
Report
Vernons
Case
.
73
The
Law
will
iudge
of
some
things
actually
done
as
not
done
,
&
è
converso
.
Tithes
are
set
forth
actu
,
but
re-taken
by
the
owner
,
it
shall
be
as
if
they
had
never
been
set
out
at
all
,
so
money
payed
to
lose
a
morgage
,
and
if
taken
back
againe
,
it
is
as
if
not
payed
at
all
.
One
hath
a
protection
,
Wades
case
.
5
Report
.
dum
moratur
,
&c.
Comes
over
to
provide
victuall
,
it
is
in
law
no
comming
to
break
the
condition
,
D'Itaque
non
redeat
,
which
is
in
it
.
A
demandant
enters
into
the
land
in
question
by
disseisin
to
the
use
of
another
it
is
no
entrie
.
Institut
.
1.
18.
131.
Institut
.
1.
●6●
.
Beasts
escape
out
where
the
Lord
comes
to
distreine
as
to
him
they
are
yet
upon
the
land
,
and
hee
may
take
them
,
&c.
one
shall
be
said
in
possession
of
a
Ward
gone
six
houres
before
out
of
his
possession
.
3
Report
Case
Ratcliffe
.
74
The
Law
adjudges
the
same
thing
in
esse
,
&
non
esse
to
divers
purposes
.
An
estate
in
remaynder
discends
to
a
particular
estate
,
9
E.
4
18.
40
E.
3.
13.
yet
if
he
be
an
Infant
hee
shall
not
have
his
age
,
nor
be
in
Ward
by
discent
of
this
remaynder
,
but
shall
be
said
in
of
his
first
estate
.
A
particular
tenant
grants
a
rent
,
&
after
makes
a
Feofment
or
surrender
which
determines
his
estate
,
1
Report
Case
Archer
,
&
●0
E.
3.
6.
yet
it
shall
be
in
esse
to
hold
up
the
rent
during
the
said
estate
.
Two
men
are
bound
in
an
obligation
of
a
hundred
pound
,
and
a
recovery
by
judgement
is
against
one
of
them
,
●
Report
Case
Higgens
.
9
E.
4.
51.
this
dammes
the
bond
as
to
him
,
but
as
to
the
other
it
is
in
esse
.
A
man
is
bound
in
a
statute
,
and
is
seised
of
a
rent
and
before
the
extent
he
releases
the
rent
,
yet
it
shall
be
in
esse
,
as
to
the
Conusee
.
He
in
reversion
infeoffs
his
Lessee
for
yeers
to
the
use
of
I.
7
Report
Case
Lillington
.
S.
&c.
This
wil
work
a
surrender
by
the
law
of
the
term
.
Yet
by
the
statute
of
Uses
it
shall
be
in
esse
,
and
is
saved
.
The
Lord
releases
to
his
tenant
being
an
Abot
,
who
had
purchased
in
Mortmain
the
Seigniory
is
extinct
,
F.
n
.
b
.
223.
14
Eliz
.
per
opinionem
Dyer
.
yet
as
to
the
Lord
Paramount
it
is
in
esse
.
Lessor
grants
a
rent
,
and
then
accepts
of
a
surrender
,
hee
shall
hold
now
charged
with
this
rent
presently
,
but
if
he
had
granted
the
reversion
to
a
stranger
who
accepts
of
a
surrender
,
hee
shall
hold
discharged
of
this
rent
during
the
life
of
the
tenant
for
life
.
See
9
E.
4
18.
and
6
Report
,
Sir
Anthony
Mildmays
Case
of
a
rent
to
cease
for
a
time
,
and
to
revive
for
another
time
.
1
Report
Anne
Mayos
Case
,
simile
5
Report
Halls
Case
in
a
sentence
after
appeal
it
is
in
esse
,
as
to
the
costs
.
Vide
6
Report
,
Lord
Aburgavenies
Case
,
9
Report
Case
,
Strata
Marcella
,
where
it
s
said
those
things
are
in
esse
quae
jure
sunt
.
Vouchee
is
tenant
in
law
,
but
to
some
purpose
,
Institutes
1.
273.
not
to
have
a
release
to
him
,
so
tenant
by
courtesie
who
hath
granted
over
his
estate
.
75
Quod
lex
dicet
factum
est
sic
acsi
,
by
the
party
himselfe
.
This
is
the
reason
that
in
all
dealing
with
officers
,
trad●smen
,
&c.
they
will
declare
that
agreement
,
was
to
give
them
tantum
,
quantum
meruit
,
&
though
no
such
agreement
can
be
prov'd
,
it
shall
passe
for
them
as
if
such
agreement
had
bin
proved
as
in
case
of
a
Taylor
,
it
is
good
evidence
that
he
put
the
clothes
to
make
without
more
the
Law
says
the
rest
.
8
Report
147.
76
The
Law
judges
that
is
illegally
done
,
as
not
done
at
all
.
One
gains
the
estate
of
a
copy-holder
by
disseisin
,
4
Report
Case
of
Copyhold
.
and
leases
this
for
years
,
this
shall
not
destroy
the
custom
.
A
man
takes
beasts
for
to
agist
his
common
,
22
Ass.
84.
this
gives
him
no
seisin
because
not
legall
to
use
his
common
so
.
77
Leges
priores
per
posteriores
abroguntur
,
&
contra
.
But
then
the
later
Statute
must
be
contrary
to
the
former
in
substance
or
quality
,
and
so
if
the
later
be
negative
,
as
assisse
non
capiuntur
nise
in
proprio
Com
.
This
of
more
power
then
if
it
had
said
,
ascise
capiuntur
in
proprio
com
.
In
the
first
it
will
warrant
a
plea
to
the
jurisdiction
of
a
Court
,
11
Report
62.
3.
in
the
latter
not
so
,
if
he
be
impleaded
in
any
other
place
then
the
Countie
where
the
Land
lies
,
38
H.
6.
18.
8
E.
2.
Iudgement
240.
But
a
Statute
in
the
affirmative
doth
not
alter
a
statute
formerly
made
,
or
a
custome
.
Statute
21
H.
8.
is
,
that
if
one
who
hath
a
benefice
of
the
value
8
pound
takes
another
,
and
is
inducted
,
the
first
is
void
,
this
doth
not
alter
the
Law
before
that
the
fecond
benefice
doth
make
void
the
first
,
though
of
lesse
value
then
8.
4
Report
case
.
Digby
and
Holland
Case
.
lib
.
and
so
before
indiction
in
such
case
.
A
man
hath
wreck
by
prescription
,
and
it
is
inacted
,
Quod
Rex
habebit
reckum
maris
per
totum
regnum
:
This
shall
not
take
away
my
prescription
,
aliter
if
the
prescription
had
gone
per
totum
Angliam
,
5
Report
case
Sir
Hen
.
Constable
.
9
Car
.
case
.
Bradshaw
in
b
.
Roy
.
and
so
as
large
as
the
Statute
:
As
the
Statute
5.
Eliz
.
4.
In
acts
that
he
who
sets
up
such
trade
must
be
apprentice
before
,
&c.
alters
the
custom
of
the
Realm
to
trade
freely
before
without
such
service
presedent
.
The
Statute
that
Sheriffs
shal
deliver
Indictments
to
the
Justices
of
Peace
by
Indenture
,
yet
if
he
do
not
so
,
they
are
not
void
.
4
H.
7.
11.
Things
of
necessity
are
not
altered
by
generall
words
of
an
Act
of
Parliament
.
10
Report
61.
5
Report
71.
7
Report
14.
So
if
against
common
reason
.
Plo
.
88.
So
if
absurde
,
Dyer
314.
27
H.
6.
Tit
.
Annuity
41.
Insiitutes
2.
198.
Dyer
234.
43
E.
3.
22.
It
is
ordained
that
Commissioners
Ecclesiasticall
shall
punish
abuses
against
the
book
of
common
Prayer
,
yet
the
Ordinaries
jurisdiction
is
not
taken
away
.
See
Institutes
1.
96.
to
this
bene
.
The
words
of
a
later
Statute
by
Construction
or
Interpretation
onely
shall
not
abrogate
a
former
statute
,
4
E.
4.
3.
7
Report
Ken●
case
.
yet
costs
were
due
in
a
quare
impedit
,
by
the
Common
Law
,
and
damages
are
given
by
statute
W.
2.
in
this
action
.
Costs
are
by
construction
taken
away
.
So
the
statute
of
Marlb
.
cap
.
6.
is
repealed
by
the
affirmative
statute
of
32
H.
8.
of
Wills
.
6
Report
Cursons
case
.
See
by
mee
if
it
is
not
because
these
are
contrarious
in
reason
,
which
equall
as
if
in
expresse
words
.
78
Lex
non
cogit
ad
vana
per
agenda
.
But
rather
in
some
cases
will
allow
the
thing
as
done
whch
should
be
in
vaine
to
do
.
Lessor
Covenants
upon
Surrender
to
make
a
new
lease
,
he
grants
the
reversion
away
for
yeers
in
this
case
,
the
lessee
need
not
make
any
surrender
,
5
Report
Case
Sir
Ant.
Maine
.
but
shall
have
his
action
so
soon
as
he
pleaseth
,
because
it
is
vain
to
make
a
surrender
when
the
Lessor
hath
himself
disabled
,
&c.
by
his
new
lease
.
Covenant
to
sing
Masse
in
such
a
Chappell
which
falls
down
,
11
H.
7.
10.
the
Covenantor
needs
not
goe
thither
and
proffer
to
sing
Masse
there
,
&c.
Goods
are
delivered
to
re-deliver
upon
request
,
7
H.
6.
31.
the
Bailer
delivers
them
to
a
third
person
,
I
may
take
them
without
request
,
Protection
is
cast
in
a
cause
where
two
are
sued
as
husband
and
wife
,
17
E.
3.
16.
and
shee
comes
and
pleads
she
is
not
his
wife
,
she
shall
not
be
admitted
,
and
for
this
cause
though
shee
desire
it
not
,
yet
she
shall
not
be
estopped
to
say
she
was
a
Fem
sole
.
The
Lord
covenants
upon
surrender
of
the
old
Copy
to
make
a
new
one
,
now
because
the
making
of
a
new
Copy
is
a
surrender
in
law
of
the
old
,
Michael
.
11.
Car
.
Rot
.
310.
B.
Roy
.
therefore
an
action
of
covenant
lyes
against
the
Lord
if
he
doe
it
not
without
such
surrender
which
was
idle
to
make
.
Exception
is
to
this
rule
.
In
case
the
thing
may
be
of
some
validity
,
and
is
not
absolutely
vain
,
though
revera
it
is
idle
.
As
where
I.S.
is
bound
to
present
I.
D.
to
the
Church
of
Sale
when
this
shall
next
be
void
.
In
this
case
though
the
obligee
is
married
,
&c.
by
which
hee
was
disabled
,
&c.
yet
hee
must
be
presented
if
hee
will
save
his
bond
because
he
may
have
a
dispensation
from
the
Ordinary
.
20
Ass.
1.
Perkins
157.
So
where
Vtlary
in
felony
is
to
be
reversed
,
a
Scire
facias
shall
go
to
the
Lords
,
&c.
though
he
hath
no
land
,
&c.
untill
the
Court
shall
be
apprised
thereof
by
return
of
the
Sheriffe
,
7
H.
7.
5.
or
the
Kings
Attorney
.
See
39
E.
3.
22.
23.
21.
E.
4.
40.
47.
79
Lex
non
haeret
in
syllabis
vel
literis
modo
de
substantia
constat
.
16
E.
4.
3.
39
H.
6.
43.
ib
.
fol.
39.
A
Writ
is
that
such
a
one
fuit
non
compos
mentis
,
and
the
traverse
to
this
was
that
absque
hoc
quod
fuit
extra
sanam
memoriam
&
bene
.
So
Iturus
is
put
for
profecturus
,
it
s
well
enough
.
Avowrie
is
because
a
100
pound
pro
redditu
praedicto
,
was
behind
,
and
sufficient
though
de
reditu
had
beene
more
apt
.
The
King
brings
an
action
of
account
,
and
the
Writ
is
,
25
E.
3.
placi●o
21.
quod
reddat
Compotum
nostrum
.
Where
it
should
be
suum
,
and
yet
holden
good
.
The
Mesne
grants
to
the
Tenant
to
acquit
him
against
the
Lord
Paramount
and
his
heires
,
hee
shall
acquit
him
against
his
wife
,
&c.
1
Institu
.
241.
14
H.
4.
18.
A
bond
is
to
resigne
to
the
obligee
,
yet
it
shall
bee
done
to
the
Ordinary
.
So
The
Law
is
somtimes
stricter
then
the
words
of
the
party
in
force
.
●
Report
case
Frances
.
The
Lessor
grants
if
the
Lessee
is
disturbed
,
he
shall
have
fee
,
every
disturbance
wil
not
do
it
,
but
shal
be
of
the
lessor
himself
to
raise
this
Contingent
fee
.
A
remaynder
is
limited
to
children
unprofered
,
this
shall
be
such
as
are
not
preferred
when
this
remaynder
happens
to
fall
,
and
not
unpreferred
at
the
time
of
his
death
,
who
made
such
will
for
if
they
be
preferred
afterward
before
the
remaynder
fall
it
is
sufficient
.
Ibid
.
case
Alice
Fulhurst
.
A
statute
is
that
Justices
of
Gaol-delivery
,
or
Oyre
and
Terminer
or
any
two
of
them
shall
heare
and
determine
,
&c.
in
this
case
though
there
be
but
one
,
hee
shall
execute
this
well
enough
.
Institutes
3.
130.
81
Lex
non
est
curiosa
.
Winks
at
small
faults
,
one
brought
a
Writ
of
Conspiracy
for
indicting
of
him
the
fourth
of
August
,
the
Defendant
makes
a
Justification
for
executing
the
office
of
Justice
of
Peace
,
without
that
he
was
guilty
of
any
conspiracy
before
the
said
day
or
after
and
ruled
good
though
he
doth
not
precisely
answer
the
very
day
laid
.
12
E.
4.
18.
An
action
quare
fossaros
fregit
,
where
it
is
more
proper
to
say
,
prosternavit
,
yet
ruled
good
.
12
Ass.
28.
Plo
.
192.
case
Adams
.
A
lease
is
made
to
B.
and
his
wife
,
she
survives
and
marries
W.
and
in
pleading
of
a
new
lease
,
It
is
said
to
begin
after
the
end
of
the
lease
made
to
W.
and
yet
held
good
.
Hill
.
11.
Car
.
case
Laurence
.
10
E.
3.
F.
Release
38.
Assumpsit
was
in
consideration
hee
should
surcease
quaerelam
pro
7
li.
and
it
was
an
action
upon
the
case
which
is
not
for
a
summe
certain
,
but
dammages
seven
pounds
,
yet
holden
good
by
the
better
opinion
.
Accompt
is
brought
of
a
resceet
per
autor
Mains
,
and
a
release
pleaded
of
accompt
by
himself
,
and
admitted
good
.
27
Ass.
5.
Champerty
quod
cepit
mainutenere
&
adhuc
mainuteret
;
in
a
plea
which
is
adjudged
and
determined
,
and
adjudge
good
,
yet
it
cannot
be
good
in
the
present
tense
,
Misrecitall
is
of
the
very
ancestor
,
as
a
man
says
himself
heir
to
the
grandfather
;
10
Eliz
.
Dyer
359.
360.
whereby
the
office
it
was
to
the
father
,
yet
good
.
A
condition
was
to
lease
as
,
A.
thinks
meet
and
in
the
record
it
s
pleaded
non
demizavit
,
nec
appunctuavit
and
good
;
so
not
curious
in
the
translation
of
the
English
into
Latine
.
5
Report
23.
In
case
of
waste
de
hominibus
,
it
is
proper
to
say
in
exilio
hominum
,
but
if
he
said
fecit
vastum
in
hominibus
,
it
is
good
enough
.
Vient
lassie
supra
titulo
,
2
H.
6.
11.
where
it
appeares
before
there
were
many
titles
,
and
yet
good
,
Vide
38
E.
3.
20.
27
H.
6.
Ultimo
.
Curiosity
circa
horam
dici
.
Dyer
326.
Upon
this
reason
it
is
that
fuit
is
oftentimes
admitted
for
est
,
pertinent
for
usually
occupied
,
ancient
office
for
petie
continuance
&c.
Vid●
ante
verbo
Idem
.
10
Report
of
B.
Salisbury
.
10
H.
7.
27.
Plo
.
Hill
.
&
G.
Case
.
9
Report
52.
The
obligee
says
to
the
Obligor
,
that
he
himself
is
discharged
of
all
bonds
,
this
is
a
good
release
being
by
deed
,
albeit
it
is
improperly
spoken
.
82
De
minimis
non
curat
lex
.
A
quill
full
of
gold
or
silver
oare
shall
not
cause
a
copper
or
tin
myne
to
be
to
the
King
as
a
myne
royall
.
Plo
.
339.
Nota
,
Amercement
is
so
small
a
thing
a
man
shall
not
be
restored
to
it
,
though
there
be
a
lawfull
cause
to
to
discharge
it
,
8
E.
4.
25.
so
where
a
judgment
is
reversed
,
I
shall
not
have
restitution
of
an
amercement
given
against
mee
,
cutting
of
trees
to
the
value
of
two
pence
is
no
waste
.
F.n.b.
60.
Plo
.
329.
See
Plo
.
85.
where
it
is
said
that
a
lease
for
an
houre
of
a
pretensed
title
or
right
is
within
the
statute
of
32
of
H.
8
of
buying
tirles
.
83
Law
presumes
more
then
the
partie
himselfe
sayes
.
An
Ordnary
returns
for
cause
of
divorce
that
the
parties
are
infra
annos
nubiles
,
7
Report
Case
Kens
.
&c.
The
Law
sayes
there
are
more
causes
.
A
man
is
bound
to
infesse
me
of
Lands
worth
ten
pounds
by
year
,
&c.
pleads
that
he
infeoft
me
of
the
Mannor
of
D.
and
S.
which
are
worth
ten
pounds
by
year
,
14
H.
7.
1●
.
it
is
no
good
reply
to
say
he
infeoft
me
of
the
Mannor
of
D.
onely
,
without
saying
what
it
's
worth
,
for
it
may
be
worth
ten
pound
per
annum
of
it selfe
,
though
hee
said
both
were
but
of
that
value
:
a
man
covenants
with
I.S.
that
if
he
do
not
warrant
the
Land
to
him
he
will
save
him
harmelesse
upon
suit
,
he
enters
into
the
Warrantie
,
46
E.
3.
28.
though
this
satisfies
the
words
of
the
Covenant
,
yet
not
the
Law
,
for
hee
shall
render
to
him
in
value
,
otherwise
,
he
doth
not
performe
the
Covenant
.
84
Lex
intendit
optima
perfecta
&
effectualia
&
legalia
.
A
man
hath
estovers
in
a
wood
,
and
he
comes
with
force
and
armes
,
and
cuts
down
trees
,
14
H.
8.
7.
it
shall
be
intended
for
his
estovers
,
and
not
other
wise
,
for
where
the
thing
stands
indifferent
right
or
wrong
,
the
Law
always
judges
the
best
:
Where
it
's
said
such
a
thing
to
be
done
,
it
shall
be
intended
prima
facie
lawfully
done
,
as
where
one
pleads
that
hee
was
possessed
of
a
Hawk
,
Dyer
30●
.
ut
de
bonis
proprio
is
,
it
was
intended
lawfully
,
where
speech
is
of
time
indefinitely
,
it
shall
bee
intended
the
present
time
.
42
Ass.
21.
6
Report
Case
Colliers
.
10
Report
3
Report
Case
Fines
.
Plo
.
Case
.
Willowby
.
11
Report
Case
Metcalf
.
5
H.
7.
25.
A
man
is
bound
to
apprar
,
it
shall
be
in
person
.
Where
it
's
agreed
a
fine
shall
be
levied
,
it
shall
be
a
fine
upon
the
stat
.
of
4.
H.
7.
A
challenge
is
,
because
such
a
one
was
sistet
to
the
Sheriff
,
ir
shall
be
intended
of
the
whole
bloud
.
Where
speech
is
of
a
judgement
to
bee
given
,
it
shall
bee
intended
finall
judgement
.
A
Lease
is
made
to
an
Abbot
for
life
,
it
shall
be
intended
his
naturall
life
,
and
if
he
be
deposed
,
37
H.
6.
18.
35
H.
6.
54.
his
successor
shall
have
it
during
his
life
.
Hee
that
claimes
conuses
of
plea
in
his
own
case
,
the
Law
supposes
he
will
doe
right
and
be
indifferent
.
Institutes
3.
214.
185.
5
Report
112.
Plo
.
220.
20
H.
6.
23.
A
Statute
which
speaks
of
atteindors
of
treason
,
intends
legall
attendors
,
and
not
erronious
:
so
of
an
office
,
whereof
an
assigne
intend
it
a
complete
assigne
,
&c.
85
Lex
omnia
suaviter
,
&
ad
melius
disponit
.
A
Writ
is
,
reperare
&
mundare
fossatum
&
ripariam
.
The
Law
will
apply
the
most
apt
Substantive
to
his
verbe
,
46
E.
3.
38.
mundare
to
fossatum
,
reparare
to
the
bankes
,
&c.
The
solvendum
was
to
the
Obligor
,
4
E.
4.
29.
the
Law
will
alter
it
and
make
it
to
the
Obligee
,
and
so
the
Plaintiffe
shall
declare
quod
nota
.
A
Writ
of
entre
is
upon
the
Statute
of
W.
2.
4
E.
4.
29.
quare
ingressi
sunt
manerium
de
A.
&
B.
ac
unum
messuagium
,
ten
Acres
of
pasture
,
ten
of
medow
,
in
the
Town
of
P.
&c.
and
the
case
was
that
no
such
Town
of
P.
is
without
addition
,
and
so
in
strictnesse
of
Law
the
writ
was
to
be
abated
,
but
now
to
save
this
the
Town
shall
be
referred
to
messuage
and
lands
,
19
E.
4.
6.
and
not
to
the
Mannor
which
is
good
without
any
vill
layed
and
the
writ
abated
,
as
to
those
and
stood
good
as
to
the
Mannor
by
this
fair
and
handsome
disposition
of
things
.
Trespasse
quare
clausum
of
husband
and
wife
,
&
bona
sua
cepit
,
and
declare
of
a
taking
before
marriage
,
7
H.
7.
2.
3.
and
the
Court
said
that
this
word
sua
being
indifferent
shall
refer
unto
the
wife
onely
,
and
so
good
by
this
ordering
that
word
,
Trespasse
contra
pacem
,
R.
2.
&
Regis
nunc
where
part
of
it
was
in
the
one
Kings
reign
,
and
part
in
the
other
,
and
so
declared
,
though
the
Writ
is
joynt
contra
pacem
,
11
H.
4.
15.
37
H.
6.
2.
17.
the
trespasse
shall
be
so
marshalled
to
make
it
good
.
Cessavit
is
of
divers
services
,
it
shall
be
referred
to
such
services
onely
in
which
the
Law
says
a
cessor
may
be
and
not
to
others
,
as
homage
,
&c.
In
a
Quo
warranto
prescripton
,
is
alleaged
for
wai●e
and
possession
of
the
Abbot
,
and
the
Act
of
32
H.
8.
of
Reviver
pro
catellis
follonum
,
●
Report
Case
Abbot
Strata
Mercella
.
&
eo
waranto
clamat
omnia
ut
spectant
to
the
Mannor
and
good
,
though
catalla
felonum
cannot
in
Law
be
spectant
to
a
Mannor
,
the
Law
will
refer
this
word
to
other
things
before
mentioned
,
which
may
be
appertenent
to
a
Mannour
,
or
else
make
that
word
as
void
,
rather
then
overthrow
all
.
A
man
grants
a
rent
de
molendino
suo
percipiendum
de
se
&
haeredibus
.
The
Law
will
marshall
it
thus
that
he
grants
the
rent
for
him
and
his
heires
,
22
Ass.
66.
percipiendum
,
out
of
the
Mill
,
&c.
86
Lex
semper
dabit
remedium
.
A
man
leases
land
excepting
the
trees
,
hee
shall
by
law
have
free
egresse
and
regresse
for
to
come
and
cut
them
down
and
carry
them
away
.
14
H.
8.
1.
11
Report
Lifords
Case
.
1
Report
98.
Where
the
statute
gives
a
third
part
to
him
who
discovers
an
offence
against
any
statute
,
he
shall
have
an
action
for
this
,
37
H.
6.
4.
albeit
it
is
not
expresly
given
,
87
Lex
judicat
de
insufficienter
vel
vane
factis
quasi
omnino
infectis
.
A
Baily
of
a
Franchise
makes
an
insufficient
return
,
it
is
as
if
nullum
dedit
responsum
,
Institutes
2.
453.
5
H.
7.
28.
3
H.
7.
11.
Plo
.
19.
and
a
non
omittas
shall
be
awarded
,
and
hee
shall
lose
the
franchise
,
hac
vice
,
no
office
and
an
insufficient
office
all
one
.
Sommons
by
one
Sommonour
,
is
as
if
none
at
all
had
bin
:
Stamford
51.
50
E.
3.
17.
14
H.
8.
21.
26
E.
3.
69.
if
a
rent
is
granted
but
no
atornment
it
is
as
no
grant
.
Presentment
to
a
Church
ful
before
,
though
the
presentee
hath
accepted
of
it
,
will
not
determine
his
annuity
granted
him
till
he
should
be
presented
.
Fitz
Coron
.
444.
A
man
is
acquitted
upon
an
insufficient
Indictment
or
appeal
,
no
damages
shall
be
given
,
but
is
as
if
no
acquitall
had
been
.
27
Ass.
25.
8
Report
Case
Vinior
.
The
power
of
an
arbitratour
is
repealed
,
but
it
is
imperfect
because
notice
was
not
,
&c.
he
may
well
plead
,
non
revocavit
.
An
appeal
is
brought
upon
an
Indictment
,
but
because
the
Indictment
was
insufficient
it
shal
be
taken
as
no
Indictment
had
bin
,
20
E.
4.
6.
10
H.
7.
24.
26
E.
3.
4.
&
abettors
shall
be
enquired
off
.
The
same
law
is
where
a
thing
is
done
in
part
onely
,
as
where
debt
is
payed
in
part
.
Vide
5
Report
,
Case
Lord
Mountjoy
.
Institutes
1.
25
4
Report
,
Case
Vernon
.
The
same
law
is
where
a
thing
is
vane
factum
,
and
so
acceptance
of
a
vaine
thing
is
as
none
,
a
Commission
of
the
Peace
is
direct
to
two
,
which
are
dead
,
P.
Brook
50●
.
this
will
not
repeale
a
former
Commission
.
One
makes
an
Indenture
o●
other
Writing
under
seale
of
receit
of
goods
,
27
H.
8.
22.
49
E.
3.
3.
this
works
nothing
more
then
if
no
deed
at
all
had
been
,
but
a
deed
of
receit
of
money
shall
conclude
for
to
say
unques
son
Receiver
.
10
E.
3.
32.
A
Metropolitan
doth
commit
administration
where
there
were
not
any
bona
not
abilia
,
&c.
it
is
as
none
.
An
Infant
grants
a
rent
,
14
H.
8.
21.
24
H.
8.
2.
or
no
attournment
is
to
such
grant
by
the
tenant
in
case
of
a
man
of
full
age
these
may
plead
ne
grant
a
pass
for
the
insufficiency
of
them
.
88
The
law
will
accept
of
that
is
good
in
grants
or
pleadings
,
and
reject
the
surplus
.
10
E.
4.
56.
I
infeoffe
A.
and
grant
to
B.
by
the
same
deed
that
I
shall
warrant
for
me
and
my
heires
to
A.
that
is
a
good
warranty
to
A.
and
the
words
to
B.
are
void
,
A
man
grants
20
load
of
buche
to
Io
.
Rosset
and
his
heires
,
quorum
16
praedictus
Johannes
habuit
ex
dono
Richardi
patris
mei
,
10
Ass.
14.
&c.
albeit
Io
.
never
had
any
such
grant
before
of
the
Father
,
&c.
the
grant
is
good
for
the
whole
loads
.
A
Bishop
certifies
bastardy
,
4
Institute
48.
and
endorses
the
reason
because
the
Father
was
absent
seven
yeeres
.
The
Law
will
reiect
this
later
part
,
and
restrein
the
former
of
Basterdy
A
Writ
11
Ass.
24.
goes
to
chuse
a
Burgesse
of
Parliament
,
no
Lawyer
,
the
Law
rejects
this
last
.
89
The
Law
is
more
agile
in
working
then
the
act
of
the
party
.
This
the
reason
that
where
lands
are
devised
to
him
,
that
is
heir
at
law
,
he
shall
be
in
by
discent
,
and
not
by
the
will
.
Tenant
by
the
curtesie
is
the
reversion
to
the
wife
of
I.S.
he
infeoffs
the
huband
and
wife
,
11
Ass.
24.
it
shall
be
a
surrender
to
her
,
and
the
husband
and
takes
nothing
.
See
20
Ass.
16.
35
Ass.
11.
90
The
Law
where
it
enjoyns
an
Act
to
be
done
will
provide
he
shall
not
be
hurt
,
à
latere
that
doth
it
.
And
for
this
,
where
I
have
annuity
and
many
arrears
are
,
and
then
it
's
due
at
Mich
.
subsequent
,
and
I
do
receive
it
then
and
give
an
acquittance
,
now
because
he
is
not
bound
to
pay
it
me
without
acquittance
,
therefore
because
I
could
not
receive
it
without
this
acquittance
,
3
Report
65.
it
shall
not
bar
me
of
the
arrears
due
before
,
aliter
,
in
case
of
rent
.
91
The
Law
regards
the
principall
thing
,
and
not
additionals
.
As
in
case
of
a
Mill
,
which
is
in
demand
,
it
's
no
matter
whether
Corn-mill
,
Paper-mill
,
4
Report
Case
Luttrell
.
or
Bolling-mill
.
A.
grants
me
the
yearly
annuity
of
a
robe
with
furs
,
when
I
come
to
sue
for
this
,
17
E.
3.
73.
I
shall
onely
mention
a
grant
of
such
a
robe
yearly
,
without
mentioning
furs
.
92
The
Law
adjudges
the
deniall
to
doe
a
thing
as
the
not
doing
it
or
breach
of
Covenant
,
&c.
A.
delivers
B.
ten
pounds
for
certain
woad
,
if
hee
like
it
when
hee
sees
it
,
●8
E.
4.
15.
and
if
hee
like
it
not
,
then
to
redeliver
the
money
,
if
when
he
sees
them
he
deny
to
have
them
,
the
bargain
is
determined
,
and
no
agreement
after
will
make
it
good
.
●5
E.
4.
31.
●4
H.
8.
23.
A
man
is
bound
to
doe
an
act
when
I
request
him
,
and
he
sayes
hee
will
not
doe
it
,
hee
hath
forfeited
his
bond
.
93
The
Law
is
not
satisfied
with
shadows
but
substances
.
It
is
not
sufficient
for
a
labourer
to
be
retained
in
service
,
if
he
doe
not
actually
serve
.
●1
H
6.
1.
●9
Eliz
.
Dyer
●56
.
If
one
accept
of
a
thing
in
satisfaction
of
another
which
is
of
no
value
it
is
not
good
.
See
Wades
Case
,
5
Report
,
to
this
purpose
:
46
E.
3
,
26
&
33.
46
E.
3.
28
Case
of
Warranty
.
94
The
Law
hath
an
eye
to
the
beginning
of
Acts.
Plo
.
260.
A
Lunatike
smites
himselfe
with
a
knife
,
and
after
becomes
of
sane
memory
,
and
dies
,
hee
shall
not
forfeit
his
goods
.
13
H.
7.
14.
I
have
an
intent
to
strike
I.
S.
and
it
happeneth
upon
I.
N.
it
is
a
maihem
,
&c.
If
presentment
be
in
time
of
war
,
all
done
upon
that
is
void
.
6
E.
3.
41.
2
Report
Case
Bingham
.
A
servant
kills
his
Master
after
he
is
departed
upon
malice
conceived
before
in
time
of
his
service
,
this
is
pettie
treason
.
Fitz
Coron
.
210.
16
Ass.
3.
A
man
abates
parcell
of
a
gorse
,
by
which
all
is
broken
in
time
shortly
after
hee
shall
bee
charged
of
repairs
of
all
and
shall
answer
damages
of
all
.
95
Loquendum
ut
nulgus
.
A.
sels
to
me
ten
Acres
of
corne
,
17
E.
4.
1.
Plo
.
29.
it
is
good
onely
for
the
corne
,
and
upon
this
reason
shall
the
construction
of
a
deed
be
made
to
controul
the
sense
of
the
Law
.
96
A
lawfull
act
by
matter
,
ex
post
facto
,
may
become
unlawfull
.
16
H.
7.
14.
2
E.
4.
5.
22
E.
4
47.
13
E.
4.
9.
9.
9
H.
6.
29.
11
Report
11.
So
whore
a
distresse
is
taken
well
,
and
killed
afterwards
,
so
if
it
be
sold
,
or
hee
claime
profit
in
it
.
A
man
hath
a
house
boot
,
and
takes
this
every
yeere
,
as
he
may
doe
though
he
use
it
not
of
20
years
after
,
for
it
is
not
good
to
build
with
before
it
be
seasoned
,
10
E.
4.
3.
if
now
he
sell
it
or
convert
it
to
other
uses
,
he
is
a
trespasser
.
The
same
law
is
where
an
act
is
well
done
by
authority
of
the
partie
,
M.
2
H.
8.
Kell
.
as
I
deliver
a
chest
to
one
who
breaks
it
,
trespasse
lies
,
he
which
is
distrained
payeth
his
rent
,
and
afterwards
is
denyed
to
have
his
goods
delivered
,
22
H.
7.
Kell
.
hee
shall
have
an
action
of
trespasse
or
detinue
.
●
E
.
4.
17.
16
H.
7.
14.
11
H.
4.
58.
So
in
many
cases
by
not
doing
some
act
subsequent
,
a
former
lawfull
act
shall
become
unlawfull
,
as
where
the
Sheriffe
makes
an
arrest
,
and
returns
not
the
Capias
,
●
E
.
4.
9.
●1
H.
7.
23.
or
if
it
be
done
by
his
Bailiff
or
servant
,
and
no
return
,
it
will
make
the
Sheriffe
himselfe
a
trespasser
though
not
the
servant
who
is
to
be
quit
in
such
a
case
,
&c.
●
E
.
4.
4.
8
H.
6.
8.
An
Executour
commands
the
taking
of
goods
of
the
testator
,
,
and
after
refuseth
to
prove
the
Will
,
he
is
a
trespasser
,
●1
H.
7.
23.
but
not
the
servant
,
the
Sheriff
seises
the
goods
of
one
out-lawed
and
after
doth
not
charge
himselfe
in
his
account
with
them
when
the
partie
is
pardoned
or
outlary
reversed
,
hee
shall
have
an
action
of
trespasse
against
the
Sheriffe
,
The
Ordinary
refuseth
a
Clarke
for
lawfull
cause
,
as
insufficiencie
,
if
he
examine
him
afterwards
,
and
accept
him
,
he
makes
himself
punishable
for
the
disturbance
before
.
A
Writ
well
purchased
by
matter
subsequent
as
death
of
one
of
the
demandants
may
become
in
apt
or
false
,
●0
Report
134
and
so
abate
.
A
man
is
arrested
by
command
of
the
Justices
in
Westminster
Hall
,
this
is
justifiable
,
the
same
Term
,
without
record
therof
,
but
in
another
terme
not
,
10
H.
7.
17.
unlesse
a
Record
bee
of
it
,
and
by
negligence
herein
he
may
be
punished
by
false
imprisonment
.
97
Malitia
mutat
l●gem
.
A
is
bound
to
inclose
against
a
close
of
mine
called
White
Acre
,
if
my
beasts
go
into
his
for
lack
of
his
fence
,
it
is
excusable
,
but
if
my
Close
be
sown
with
Corn
,
&c.
by
which
hee
was
secure
and
made
not
his
fence
,
if
I
should
now
put
beasts
into
my
Close
so
sowne
of
purpose
they
may
escape
,
&c.
39
E.
3.
3.
there
he
is
not
to
be
excused
.
So
an
Infant
in
case
of
Murder
shall
be
tryed
for
his
life
where
malice
and
subtlety
appears
,
3
H.
7.
aliter
non
.
98
Melior
dabit
nomen
rei
.
Husband
and
wife
joynt
executors
,
22
H.
6.
30.
the
Writ
shall
be
executoribus
and
not
executrici
,
some
convenient
proportion
of
gold
or
silver
oare
shall
give
the
name
to
a
myne
to
be
a
myne
Royall
,
Plo
.
323.
though
a
great
bulk
of
Tin
is
.
Lether
of
a
sho
shal
give
the
ownership
of
the
threed
of
I.
S.
5
H.
5.
16.
used
in
the
making
to
the
owner
of
the
leather
,
and
so
he
shall
have
all
the
property
.
99
Magis
dignum
trahit
ad
se
minus
.
Charters
are
put
in
a
box
,
14
H.
4.
30.
10
E.
4.
14.
40
H.
6.
18.
this
alters
the
nature
of
the
box
from
a
chattel
,
and
now
it
shall
goe
to
the
heir
,
and
it
is
no
felony
to
steale
this
box
,
nor
lies
a
Capias
of
it
in
detinue
.
42
E.
3.
13.
29
E.
3.
19.
See
30.
H.
6.
Fitz
.
Tit
.
bar
.
simile
Where
the
realtie
shall
prevail
,
issue
is
,
i●
such
an
one
was
instituted
and
inducted
,
43
E.
3.
13.
22
H.
6.
27.
the
tryall
in
this
case
shall
be
by
jury
by
reason
of
the
Induction
.
A
man
reteins
a
servant
to
serve
in
all
occupations
,
38
H.
6.
14.
now
because
wager
of
law
doth
not
lye
in
case
of
service
in
husbandry
if
debt
is
brought
for
wages
,
18.
H.
6.
35.
20
H.
6.
32.
hee
shall
wage
law
in
none
of
them
.
An
action
against
two
,
and
the
one
ought
to
have
priviledge
of
Chancery
,
he
shall
be
outed
of
this
and
all
shall
be
at
the
Common
Law
.
A
Lease
is
of
a
chamber
&
a
bed
rendring
rent
,
21
E.
4.
34.
46
E.
3.
8.
in
debt
for
this
rent
,
the
defendant
shall
not
wage
his
law
for
the
bed
,
because
the
other
is
Magis
dignum
,
and
shall
rule
the
other
.
An
exchange
is
of
Greene
Mede
for
blacke
acre
,
and
twenty
shillings
rent
in
this
case
all
shall
be
by
deed
,
not
that
the
land
is
lesse
worthy
,
but
because
if
it
be
not
by
deed
it
will
be
void
for
the
rent
,
and
so
overthrow
the
exchange
for
all
,
See
11
Report
Case
Auditor
Curle
46
E
:
Perkins
50.
3.
8.
100
Magis
continet
in
se
minus
.
Plurall
number
comprises
the
singular
,
&c.
If
a
man
is
bound
to
pay
twenty
pound
and
tender
is
of
that
and
more
it
is
good
.
Commons
grant
tonage
and
poundage
for
four
yeers
the
Lords
agree
for
two
yeeres
,
they
need
not
send
backe
this
bill
to
the
●ouse
of
Commons
for
their
assent
.
33
H.
6.
17.
Custome
was
to
grant
Copyhold
estate
in
feodo
,
this
implyes
that
hee
may
grant
for
●ife
,
&c.
Quare
impedit
,
in
the
Register
is
,
4
Report
Case
Coppyhold
.
10
Report
136.
praesentare
ad
Ecclesiam
,
by
this
hee
may
have
pro
tertia
parte
,
&c.
Procedendo
,
suppose
an
Assise
before
Stoufe
&
Burton
,
Justices
,
&c.
and
it
was
also
before
Shard
,
&
good
because
three
implyes
two
.
An
action
of
battery
is
brought
&
the
evidence
for
this
proves
it
a
Maihem
&
bene
because
it
is
battry
&
more
.
31
Ass.
1.
A
man
is
restored
to
all
lands
forfeited
by
his
father
in
fee
or
tayle
,
that
he
hath
but
for
life
,
shall
be
restored
.
39
E.
3.
20.
Plo
.
86.
7.
7
H.
7.
13.
Exception
.
Traverse
is
of
a
feofment
by
two
pleaded
,
and
it
s
found
that
the
Feoffment
was
by
three
,
It
is
against
him
who
pleads
this
.
Vide
9
Report
52.3
.
14
E.
4.
1.
6
Report
Case
Fitzwilliams
.
Power
is
given
to
make
leases
for
yeeres
,
&c.
Yet
he
may
make
one
lease
onely
.
101
Modus
&
Conventio
vincant
legem
&
Regem
&
contra
.
This
rule
is
agreed
in
Magna
Charta
.
Conventio
legi
deroget
,
W.
2.
50.
Barreth
the
Law
as
the
translator
hath
it
.
The
Law
says
Dyer
will
no●
determine
contrary
to
the
agreement
o●
the
parties
,
Dyer
181.
312.
and
for
this
cause
where
a
gif●
in
tayle
is
,
the
law
says
its
to
the
use
of
the
Donee
,
yet
by
the
deed
it
may
be
to
the
use
of
the
Donor
.
A
rent
is
granted
to
one
and
his
assignees
pro
consilio
,
7
Report
Maunds
Case
.
this
may
now
be
assigned
which
without
this
agreement
in
the
deed
could
not
.
And
note
by
this
agreement
a
man
may
tye
himself
to
things
out
of
his
power
to
do
,
and
which
,
quodammodo
,
40
E.
3.
6.
&
2.
Dyer
33.
are
impossible
&
which
the
law
frees
a
man
of
by
common
right
.
As
where
a
man
tyes
himself
to
repaire
,
banks
which
are
subverted
by
a
floud
,
yet
hee
is
bound
to
repair
them
.
So
to
repair
a
house
blowne
downe
by
tempest
,
which
was
a
good
plea
in
an
action
of
waste
.
So
where
the
Lessee
tyes
himselfe
to
leave
a
house
in
so
good
plight
as
hee
found
it
,
if
it
was
feeble
at
the
time
of
leasing
and
falls
down
,
he
shall
make
a
new
one
,
which
by
law
he
was
excused
of
.
8
E.
4.
9.
Sheep
are
letten
,
&
the
lessee
covenants
to
render
the
polls
at
the
end
of
the
terme
,
he
shall
do
so
though
they
dye
of
the
Murrain
,
&c.
The
banks
may
be
repaired
,
the
house
built
,
new
sheepe
bought
,
40
E.
3.
2.
for
to
render
the
poles
is
the
number
not
the
very
same
.
A
man
undertakes
by
covenant
to
get
the
good
will
of
such
a
woman
,
or
that
a
beggar
shall
pay
1000
pounds
that
such
a
field
of
corne
shall
grow
,
&c.
Perkins
A.
146.
that
such
a
woman
shall
have
a
childe
,
that
I.
S.
shall
make
a
feoffment
of
his
Land
,
the
Law
says
these
are
possible
,
but
if
the
Law
say
it
is
impossible
,
I
am
not
bound
by
my
Covenant
,
as
where
it
is
to
leave
a
Wood
in
as
good
plight
at
the
end
of
the
Term
&
it
s
blown
down
,
so
to
goe
to
Rome
on
a
day
:
Vide
Dyer
33.
So
of
the
case
where
it
's
covenanted
,
such
a
medow
shall
not
be
surrounded
,
or
that
such
a
house
shall
not
bee
burnt
,
and
it
is
by
lightning
,
&c.
it
seems
in
neither
he
shall
be
bound
because
impossible
:
So
also
where
the
matter
agreed
is
against
the
Law
.
Poulton
de
Pace
Regni
,
&c.
11.
See
Heyburns
Case
.
14
E.
2.
cited
in
the
Case
of
Shipmoney
.
5
Report
64.
A
man
agrees
with
I.
S.
that
if
hee
pay
him
not
20
pounds
,
he
shall
imprison
him
,
&c.
though
he
payes
not
the
money
at
the
time
agreed
,
hee
cannot
imprison
him
.
So
a
man
agrees
to
a
By-law
made
to
imprison
for
the
penalties
,
&c.
this
shall
not
binde
him
,
Justices
of
assise
held
plea
of
Land
in
another
Countie
,
then
their
warrant
was
,
and
the
parties
did
agree
to
it
,
this
shall
not
binde
them
,
8
Ass
:
16.
but
if
either
is
put
out
by
execution
,
inde
,
&c.
hee
shall
have
an
Assise
.
Institute
1.
146.
If
parties
agree
the
distresse
shall
be
irreplegiable
,
this
is
void
,
as
against
Law
.
The
Defendant
would
render
the
dower
at
the
day
in
the
writ
,
18
E.
3.
39.
but
did
forbeare
by
consent
of
the
Plaintiffe
,
yet
hee
shall
bee
amerced
.
The
King
reserves
a
rent
,
and
a
condition
to
reenter
,
if
it
is
demanded
and
not
paid
,
7
E
6.
Dyer
87
but
because
the
law
is
,
the
King
need
not
make
any
demand
,
he
shall
enter
without
demand
,
this
speciall
agreement
notwithstanding
.
So
in
case
of
incidents
which
are
inseparable
by
Law
,
no
agreement
of
parties
will
separate
them
,
5
E.
4.
8.
Case
Garter
.
as
where
an
Annuity
is
granted
for
the
exercise
of
an
Office
,
and
there
is
a
proviso
,
if
the
Office
bee
taken
away
,
yet
the
annuity
shall
continue
,
if
the
office
is
taken
away
,
it
shall
cease
.
See
44
E.
3.
19.
&
36.
bene
,
to
this
purpose
.
F.
n
.
b
.
264.
D.
Ligat
Regem
in
casu
.
The
King
makes
liverie
to
his
Ward
,
without
excepting
that
the
dower
shall
be
assigned
to
the
wife
by
him
:
the
King
is
bound
by
this
and
she
shal
liue
the
heire
in
a
Writ
of
dower
.
The
Kings
Tenant
alieneth
part
of
the
Land
holden
,
the
King
may
distrein
this
alienee
for
the
whole
rent
,
and
is
not
bound
by
the
Statute
Quia
emptores
terrarum
,
F.
n
.
b
.
235.
but
if
the
alience
make
a
fine
with
the
King
for
this
alienation
,
then
hee
shall
onely
pay
his
part
of
the
rent
.
102
Nihil
dat
,
quod
non
habet
.
A
Tenant
for
years
cannot
give
seisin
of
rent
issuing
out
of
free
hold
to
maintaine
an
assise
,
because
himselfe
hath
not
free-hold
.
6
Report
Case
Brediman
.
Conusee
by
fine
of
a
Reversion
bargain
,
this
to
I.
S.
hee
cannot
distraine
,
because
his
barganer
could
not
.
5
Report
Case
Knotford
in
Case
Malory
.
Plo
.
281.
Reversion
is
granted
by
fine
,
the
grantee
disseise
the
tenant
and
infeoff
,
the
lessee
enters
,
this
is
no
attornment
here
,
because
hee
shall
not
be
in
better
plight
then
his
feoffor
:
An
administrator
cannot
have
greater
property
in
goods
of
the
Intestate
,
then
the
Ordinarie
himselfe
had
before
,
yet
by
words
in
the
Statute
he
hath
.
Issue
in
tayl
being
bound
by
the
Statute
to
pay
debts
of
the
Kings
when
the
estate
by
alienation
shall
be
disposed
unto
anothet
,
hee
shall
bee
in
better
case
,
7
Report
Case
and
is
not
bound
to
pay
these
debts
,
for
the
Statute
extends
not
to
him
,
&
so
is
at
the
common
law
,
in
which
case
by
death
of
tenant
in
tayl
the
issue
&
al
under
him
were
discharged
,
so
where
a
custome
inlarges
the
power
of
a
Grantee
.
A
Lessee
of
a
Mannor
is
,
excepting
the
trees
,
in
which
Mannor
are
Copyholds
now
hee
himself
cannot
cut
trees
they
are
excepted
,
8
Report
Case
Swain
.
but
if
he
grants
a
Copyhold
,
the
granted
may
cut
trees
by
the
custome
which
outstrips
that
Lease
.
Upon
the
same
reason
it
is
that
Prerogative
of
the
person
of
a
Grantee
will
adde
power
,
5
Report
Case
Knight
.
&c.
which
the
Grantor
himselfe
had
not
,
as
where
a
reversion
in
part
is
granted
to
the
King
he
may
enter
for
condition
broken
in
this
part
,
5
Reporr
Case
Mallory
.
which
the
Grantor
could
not
do
.
The
like
law
is
when
a
man
comes
in
by
act
in
law
,
as
by
Escheat
,
&c.
hee
may
distreine
though
he
who
dyed
without
heire
could
not
do
so
.
19
E.
4.
6.
A
subject
of
the
King
of
England
,
enters
bond
to
a
subject
of
the
King
of
Spain
,
enemy
to
the
King
,
22
E.
4.
23.
it
is
void
to
the
party
,
yet
the
King
shall
have
it
and
recover
the
debt
which
the
obligee
himself
could
not
do
.
The
King
grants
Conusants
of
plea
in
the
Mannor
of
D.
7
H.
4.
1.
Fitzh
.
Prohibition
.
10.
then
a
new
action
is
given
by
Statute
which
was
not
before
,
the
Grantee
shall
hold
plea
of
this
though
it
was
not
in
the
Grantor
.
Vide
4
Report
23.
103
Nemo
bis
punietur
pro
uno
delicto
.
An
Ecclesiasticall
person
recovers
damages
in
trespasse
,
7
H.
41.
Fitzh
.
prob
.
ibid
.
10.
hee
shall
not
be
punished
again
in
the
Ecclesiasticall
Court
,
but
this
seems
quo
ad
partem
ipsam
,
but
by
suit
ex
officio
he
may
,
so
the
partie
against
whom
damages
are
recovered
in
trespass
may
bee
fined
at
the
Kings
suit
upon
Indictment
,
&c.
and
so
in
many
cases
,
where
the
wrong
trenches
upon
severall
persons
,
as
a
servant
beaten
,
so
in
case
Baylor
and
Baylee
they
shall
have
severall
actions
.
So
Dissessor
and
Dissessee
renant
for
life
,
10
H.
7.
5.
●
.
15
E.
4.
25.
and
he
in
the
remaynder
shall
punish
the
forger
of
false
deeds
.
See
40
E.
3.11.43
.
Ass.
9.
104
Negativum
nihil
implicat
,
in
a
precipe
quod
reddat
.
The
tenant
wages
his
law
of
non-sommons
,
22
H.
6.
41.
33
H.
6.
25.
this
doth
not
imply
that
he
was
tenant
,
nor
shall
conclude
him
,
others
contra
,
one
pleads
,
ne
chasa
pas
,
in
Frank
chase
of
the
Plaintiffe
,
this
is
no
granting
that
hee
hath
a
free
chase
,
but
hee
must
prove
it
.
One
prayes
to
be
received
the
demandant
sayes
that
hee
hath
nothing
in
reversion
day
of
Writt
purchased
,
10
E.
3.
20.
this
doth
not
inferre
that
hee
had
after
the
writ
purchased
,
but
if
he
hath
hee
ought
to
have
mentioned
it
upon
his
Prayer
.
48
E.
3.
13.
14.
104
Nemo
tenetur
seipsum
prodere
.
And
for
this
in
Cases
criminall
he
may
refuse
to
answer
to
matters
which
tend
to
prove
evidence
in
this
,
and
if
hee
deny
the
matter
,
it
seems
no
perjurie
to
be
punished
though
hee
answer
otherwise
then
the
truth
is
,
and
so
Sir
John
Walter
held
in
ease
of
an
answer
of
a
defendant
in
Star-Chamber
,
hee
should
not
be
charged
in
this
for
perjury
.
Exception
.
There
was
a
man
examined
upon
oath
of
goods
of
the
Kings
which
were
devised
to
him
,
40
Ass.
35.
and
come
to
the
possession
of
the
defend●nt
:
and
a
juror
may
be
examined
upon
oath
if
he
have
sufficient
free
hold
,
12
H.
7.
29.
this
is
no
crime
,
&c.
105
Negatio
duplex
est
●ffirmatio
.
A
distresse
was
pro
servitio
inf●cto
.
The
defendant
sayes
,
9
H.
7.
13.
Vide
Litt
.
220.
Quod
non
fuit
inf●ctum
,
and
ruled
as
good
a
plea
,
as
if
hee
said
it
was
done
,
though
Conisby
said
it
was
but
an
argument
in
case
of
a
grant
,
but
it
seems
such
Logicall
curiosity
shall
not
hold
to
avoid
a
grant
.
Institutes
1.
146.
It
is
said
such
a
thing
Non
oportet
fieri
,
nec
non
such
a
thing
,
though
such
expressions
are
duplex
negatio
,
1
H.
7.
21.
yet
it
s
holden
a
good
negation
in
Law
,
and
no
affirmation
.
106
Ovune
est
a
defeter
chose
ceo
ne
serra
object
alue
.
42
E.
3.
14.
8
E.
4.
6.
One
brings
a
Writt
of
conspiracie
to
defeate
a
villenage
conyonus
perfraud
it
is
no
plea
that
hee
is
his
villaine
,
so
in
libertate
probanda
.
In
error
outlarie
pro
fine
Regis
is
pleaded
against
him
,
and
holden
no
plea
,
7
H.
6.
44.
for
hee
is
to
defeate
all
by
this
Writ
,
6
E.
4.
9.
10.
in
error
for
to
adnul
an
outlary
,
if
he
is
twenty
times
outlawed
,
it
shall
not
stop
him
,
but
hee
may
go
on
with
his
Writ
of
error
.
The
husband
makes
a
Lease
for
life
,
7
H.
4.
40.
of
the
land
of
the
wife
,
rendering
rent
,
and
dyeth
,
the
heire
of
the
wife
brings
a
sur
cui
in
vita
,
the
Tenant
shall
not
alledge
the
reversion
,
and
assets
in
the
heire
for
that
that
he
is
to
defeite
this
warrantie
,
38
E.
3.
but
note
where
the
colaterall
thing
to
be
defeated
is
a
legall
bar
of
the
principall
right
,
there
it
will
stay
him
,
as
where
a
writ
of
errour
is
brought
to
reverse
a
recoverie
,
3
Rep.
lin
.
Col.
Case
61.
14.
6
H.
6.
3.
and
a
colaterall
warrantie
is
pleaded
,
this
warrantie
will
bar
him
of
his
Writ
of
errour
.
107
Ou
chose
fait
per
implication
serra
bone
&
contra
.
Institutes
1.180
.
A
Letter
of
Attourney
is
to
two
to
make
liverie
and
seizin
,
and
the
one
of
them
makes
liverie
the
other
being
present
,
and
nothing
saying
that
is
not
good
,
but
authority
to
three
bayliffes
,
and
to
every
of
them
,
and
two
executes
it
,
this
is
good
because
it
is
for
the
promotion
of
justice
.
A
record
is
Jurati
.
ex
acti
comperuerunt
,
1
R.
3.
4.
quorum
duodecum
super
sacrum
suum
dicunt
,
&c.
and
doth
not
say
,
electi
,
triati
&
jurati
this
is
errour
though
those
words
are
implied
in
these
words
,
super
sacrum
:
4
H.
7.
2.
Aid
is
prayed
of
the
patron
and
ordinary
,
which
are
returned
,
warned
and
doe
not
come
,
7
H.
7.
11.
it
is
as
much
in
Law
as
if
he
had
come
pleaded
,
and
assented
.
A
former
doth
not
come
to
save
his
default
,
it
is
as
much
in
Law
as
if
he
had
come
into
Court
and
said
,
that
●ee
would
not
save
his
default
.
In
an
Assise
the
Sheriffe
returns
the
Baliffe
was
attached
,
48
Ass.
40.
and
exception
taken
because
the
Sheriffe
did
not
say
,
the
partie
could
not
be
found
and
ruled
that
it
is
included
,
and
is
well
enough
.
108
Ou
chose
serra
,
rule
per
le
greinder
part
de
le
state
.
Disseisee
Releise
to
the
disseasor
,
Lit
.
after
he
had
made
an
estate
for
life
,
his
right
to
this
free
hold
is
gone
also
.
25
Ass.
7.
A
Cognisee
dischargeth
the
reversioner
,
or
purchase
,
the
neversion
,
the
particular
estate
is
freed
also
:
Lessee
of
a
Mannour
,
14
E.
4.
6.
to
which
a
villain
regardant
(
is
)
the
Lord
in
reversion
manumits
the
villain
,
it
seems
this
shall
binde
the
Tenants
for
years
,
Tenant
in
dower
releases
her
right
to
him
in
reversion
upon
a
lease
for
life
,
8
Report
Case
Althams
151.
9
Report
Case
Ascough
.
her
right
is
gone
even
during
the
life
of
the
Tenant
for
life
.
A
menaltie
is
granted
for
life
,
the
remainder
in
fee
to
the
Tenant
,
it
is
extinguished
in
all
:
9.
Report
Case
,
Ascough
&
Quiks
Case
ibid
.
Land
is
given
in
taile
,
the
remainder
to
the
King
,
the
tenant
in
taile
shall
hold
of
none
.
Fallit
haec
regula
aliquando
.
A.
is
impleaded
who
hath
nothing
in
the
free
hold
,
fee
discends
,
this
shall
not
make
the
writ
good
,
1
H.
6.
2.
but
if
the
reversion
of
the
fee
discends
to
the
freehold
which
he
hath
purschased
,
this
makes
the
Writ
good
.
A
Parson
makes
a
lease
,
the
Patron
who
hath
the
fee
simple
confirmed
,
this
shall
not
make
this
good
against
him
,
Dyer
133.
7
Report
Com
.
Bedfords
case
.
hath
a
grant
of
the
Parsonage
for
yeers
,
&c.
See
2
Report
Beckwiths
Case
,
Instit
.
1.
298.
109
Ouvneserra
soujudg
,
demesne
,
paymaster
,
carver
,
12
H.
8.
1●
&c.
Lessor
covenants
to
repaire
the
house
,
if
he
doe
not
the
lessee
may
pay
himselfe
of
the
tent
.
Gardian
of
a
Church
,
at
his
own
cost
repairs
the
Church
,
and
for
amends
deteined
ten
lodes
of
stones
of
the
parishioners
for
which
the
successors
Gardians
bring
an
action
of
accompt
,
37
Eliz
.
Case
.
Methold
and
Wing
.
and
adjudge
that
hee
may
lawfully
deteine
them
,
aliter
of
a
servant
Baly
,
&c.
who
doe
disburse
money
,
&c.
See
the
cases
of
Tailors
,
Hostlers
,
&c.
who
may
deteine
Robe
,
8
Report
case
.
Horse
,
&c.
till
reasonable
sa-satisfaction
.
110
Ou
Chose
in
lieu
serra
de
mesme
le
nature
.
Land
escheat
to
the
Lord
who
is
in
of
the
Signiory
by
discent
,
6
H.
4.
placito
p●imo
&
Kell
104.
so
shall
hee
be
of
the
land
,
and
shall
have
his
age
,
and
if
the
Signiory
was
in
tayle
,
so
shall
the
land
it self
be
,
and
the
Donor
of
the
Signiory
shall
have
a
forn●don
in
revertor
if
hee
dyes
without
issue
.
A
fine
is
acknowledged
of
a
Signiory
and
tenancy
escheate
,
46
E.
3.
4.
a
Scire
facias
shall
be
of
this
land
,
and
he
shall
not
say
nient
comprise
,
for
it
shall
be
said
parcell
of
the
Mannor
which
comes
in
loco
.
48
E.
3.
11.
111
Parum
differunt
quae
re
concordant
.
A
declaration
was
to
have
a
Faire
three
days
,
16
E.
2.
action
of
Case
47.
and
ruled
that
two
dayes
and
two
halt
days
will
mayntain
this
declaration
.
An
assise
was
brought
against
Major
and
Comminalty
,
and
found
that
the
Major
and
Bailiffs
did
the
disseisin
,
but
because
no
more
was
of
the
Comminalty
then
the
Bailiffs
it
was
held
good
.
31
Ass.
39.
But
note
where
there
is
an
apt
form
in
the
Register
,
there
a
man
shall
not
differ
from
it
.
A
Precipe
quod
redd
at
is
forty
and
ten
acres
of
land
,
&c.
and
the
Writ
abated
,
14
E.
2.
F.
Bre.
816.
quia
non
fuit
quinqu
aginta
.
The
moity
of
twenty
shillings
and
ten
shillings
is
not
all
one
,
See
Institute
3.
131.
Institut
.
1.
197.
simile
in
point
of
pleading
.
See
17
E.
4
3.
Testamentum
&
literas
testament
arias
all
one
.
112
Parols
ou
voilent
amount
al
act
&
contra
.
A
condition
of
a
bond
was
to
permit
I.
S.
to
remove
his
goods
,
and
denyal
by
word
to
remove
them
is
no
breach
of
this
condition
,
without
averring
of
bolting
or
locking
the
doore
against
him
,
8
Report
case
Frances
.
&c
But
note
where
it
s
said
generally
that
such
a
one
impedivit
,
interrupt
or
disturbe
,
&c.
it
is
good
without
more
as
it
seems
and
shall
be
intended
actuall
disturbance
,
yet
see
47
E.
3.
24.
Contra
that
he
ought
to
shew
some
cause
or
act
done
in
his
pleading
.
5
Report
76.
22
H.
6.
17.
45
E.
3.
3.
A
Commoner
said
to
the
Lord
of
the
soyle
that
the
soyle
was
his
and
commanded
him
to
cut
no
trees
,
this
will
not
amount
to
a
disseisin
.
26
Ass.
17.
113
Parols
subsequent
bounded
or
qualified
by
the
precedent
,
Dyer
240.
&
è
converso
.
A
termor
covenants
that
for
any
act
by
him
done
,
the
assignee
shall
enjoy
against
every
man
,
this
is
no
absolute
Covenant
that
he
shall
enjoy
.
A
bond
to
make
sufficient
estate
as
A
shall
devise
,
these
last
words
take
off
the
vigour
of
the
former
for
the
condition
is
well
performed
though
the
estate
he
makes
be
insufficient
,
5
Report
23.
if
A
devise
this
.
Pasc
.
4.
Car
.
Lady
Smiths
Case
.
A
Covenant
is
to
surrender
upon
request
,
and
to
permit
A
to
take
the
profits
,
the
word
request
doth
not
goe
to
the
latter
clause
,
4
Report
Case
●enill
.
and
he
may
take
them
without
request
.
Actuall
seisin
and
possession
spoken
of
the
word
actuall
goes
to
the
first
onely
.
Soillicet
Seisin
,
vide
49
E.
3.
16.
4
Report
,
Case
Palmer
.
●9
H.
6.
9.
114
Parolx
font
plea
.
The
condition
of
a
bond
is
if
the
Obligor
do
not
pay
,
that
then
the
bond
shall
be
void
,
so
it
is
that
the
Obligee
shall
pay
,
&c.
both
are
good
and
shall
stand
,
and
it
is
his
folly
,
&c.
And
not
like
the
case
where
the
solvendum
was
to
the
Obligor
,
4
E.
4.
29.
for
this
may
be
omitted
and
is
void
,
Ergo
it
shall
not
hurt
.
A
Bond
was
made
T.
T.
Sheriffe
of
W.
in
Com
.
perdict
.
pro
praedict
.
Trin
.
21.
Iac
.
Case
Nowel
.
in
B.
Roy
.
&
ruled
nought
for
the
senslesnesse
of
the
word
perdict
.
but
for
parolls
font
plea
,
Vide
placit
hic
151.
115
Poena
aptabitur
damno
.
If
a
stranger
commit
waste
in
my
land
by
which
I
lose
treble
damages
,
44
E.
3.
27.
In
trespasse
against
him
damages
shall
be
recovered
treble
.
9
Report
Case
Hussie
.
Offence
against
a
statute
shall
be
punished
as
that
says
,
and
so
at
the
common
Law
as
that
directs
.
116
Poena
sine
culpa
.
Assise
is
against
husband
and
wife
,
7
H.
7.
2.
and
shee
sole
did
the
wrong
,
and
there
is
no
other
forme
,
Yet
the
plaintiffe
shall
be
amerced
as
to
the
husband
for
naming
him
that
did
nothing
and
yet
he
cannot
help
it
.
117
Poena
delictum
super
abit
.
40
E.
3.
6.
A
man
lets
houses
in
decay
at
the
time
of
letting
and
they
are
burnt
by
his
negligence
,
hee
is
bound
to
make
them
new
.
A.
had
recovered
●orty
shillings
if
the
Sheriffe
had
made
his
returne
by
a
legall
officer
,
in
an
action
upon
the
case
for
this
,
38
As●
.
13.
he
shall
recover
against
the
Sheriff
twenty
Marks
.
118
Particeps
criminis
&
non
poena
.
Tenant
by
entire
service
ceaseth
,
the
Lord
recovers
in
this
part
the
cessor
was
,
6
Report
Case
Bruerton
.
by
this
he
shall
lose
his
entire
Signiory
,
and
the
tenant
shall
have
benefit
by
it
.
Husband
seised
of
land
in
right
of
his
wife
sowes
the
land
,
5
Report
Olands
case
.
and
after
he
himselfe
sues
a
divorce
,
Causa
praecontractus
,
yet
he
shall
have
the
Crop
.
119
Poena
tollitur
cum
culpa
,
vel
sequitur
culpam
.
14
H.
6.
26.
The
King
pardons
all
alienations
,
the
fine
due
by
this
is
also
pardoned
,
5
Report
49.
if
a
contempt
is
pardoned
,
the
amercement
also
is
.
120
Propositio
hypothetica
taken
Categorice
.
I
say
to
I.
S.
if
hee
will
beat
mee
I
will
beat
him
,
37
H.
6.
20.
aut
co
circiter
.
and
this
without
any
provoking
words
,
this
is
a
menace
and
an
assault
,
37
H.
6.
28.
and
the
if
is
idle
.
Administration
is
committed
to
two
,
and
the
one
being
present
says
,
that
he
will
take
the
administration
upon
him
(
if
the
other
will
agree
)
hee
is
administrator
presently
till
the
other
disagree
.
One
says
to
I.
S.
if
thou
go
to
London
,
thou
art
an
arrant
T●iefe
,
it
seems
these
words
are
actionable
,
and
shall
be
taken
absolute
.
The
defendant
in
action
of
batterie
and
menace
,
&c.
justifies
thus
,
he
saith
that
if
the
tenants
of
such
lands
will
kill
or
maime
him
,
10
E.
4.
6.
hee
will
himselfe
defend
,
and
will
rather
beat
or
maime
them
then
they
shall
him
,
3
Car
.
in
b
.
Roy
Corbols
case
.
and
this
holden
a
good
justification
.
I
will
prove
him
perjured
if
hee
will
justifie
his
answer
in
Chancery
an
action
lies
.
121
Principio
non
valens
tractu
temporis
non
convalescit
.
21
Ass.
2.
A
high
way
is
granted
to
mee
,
to
B.
acre
where
I
have
no
free
hold
in
it
,
albeit
after
this
grant
I
purchase
B.
acre
,
this
shall
not
make
the
grant
good
.
A
suit
is
begun
in
London
for
the
same
matter
,
14
H.
7.
7.
39
H.
6.
12.
for
which
a
suit
is
depending
in
the
common
place
,
this
is
ill
begun
in
London
,
now
a
nonsuit
after
in
that
in
the
common
place
shall
not
amend
that
in
London
,
or
make
it
of
any
validity
.
10
Report
62.
A
Bishop
makes
a
Lease
for
foure
lives
,
and
one
of
the
men
for
whose
life
,
dies
in
the
life
of
the
Bishop
,
21
H.
6.
46.
4
Report
Case
Herla
:
this
shall
not
make
it
a
lease
for
three
lives
within
the
Statutes
,
32
H.
8.
and
1
Eliz
.
vide
ad
idem
11
Report
Case
,
Auditor
Curle
,
&
4
Report
Druries
Case
.
A
man
leases
land
for
life
,
and
then
grants
the
trees
which
grow
there
,
this
shall
not
be
a
good
grant
after
the
Lessee
dies
.
I
sell
a
horse
to
I.
S.
upon
condition
to
pay
40.
shillings
at
Michaelmas
next
,
and
before
this
day
I
sell
him
to
another
,
the
first
vendee
failes
of
payment
,
Plo
.
432.
by
which
I
reseise
the
horse
,
this
will
not
make
the
second
sale
to
be
of
force
.
Debt
in
the
Stanneries
is
brought
against
an
heire
,
which
is
not
maintainable
there
by
Law
,
now
though
he
pleade
a
false
plea
,
9
Car
.
in
b
.
Roy
Smiths
cale
:
by
which
his
goods
are
chargable
there
,
this
will
not
affirme
their
jurisdiction
.
4
Report
Case
Rowlins
.
Exception
this
rule
fails
in
things
which
have
operation
by
estoppel
,
as
if
I
let
B.
acre
by
deed
indented
,
in
which
I
have
nothing
if
I
purchase
this
afterward
it
is
a
good
Lease
.
9
H.
4.
1.
Vide
8
E.
3.
24
So
in
case
of
justice
,
one
makes
a
return
which
is
no
Sheriffe
but
afterward
the
Sheriffe
avowes
it
was
done
by
his
Officer
,
this
is
good
now
.
Recaption
lies
not
upon
a
reptisall
of
a
distresse
in
case
a
Replevin
was
sued
in
a
Mannor
or
Liberty
,
F.
N.
B.
73.
and
not
in
the
Countie
,
yet
if
it
be
removed
this
writ
now
is
maintainable
.
The
same
Law
is
where
the
impediment
is
removed
,
tenant
in
taile
is
the
remainder
in
taile
of
the
grant
of
the
King
.
Tenant
in
taile
acknowledges
a
fine
,
●
Report
Case
Lord
Stafford
.
or
suffers
a
recovery
it
shall
not
binde
but
if
after
the
reversion
is
put
out
of
the
Crown
it
will
binde
.
Tenant
for
life
infeffs
him
in
remainder
,
in
taile
and
his
wife
,
41
Ass.
2.
this
is
no
forfeiture
or
discontinuance
,
because
if
shee
die
first
it
will
bee
a
surrender
,
but
if
shee
survive
a
forfeiture
.
This
rule
failes
also
by
long
continuance
of
time
,
as
where
a
man
prescribes
to
have
a
rent
by
distresse
,
&c.
1●
E.
4.
4.
It
is
no
plea
to
say
it
was
always
payed
by
cohersion
of
distresse
,
albeit
it
was
begun
by
wrong
,
&c.
122
Principio
valens
tractu
temporis
non
devalescit
.
A
man
says
to
me
see
you
I.
S.
I
will
kill
him
I
may
him
hold
,
9
E.
4.
16.
and
I
shall
be
excused
of
this
imprisonment
,
though
hee
repent
him
,
one
makes
a
lease
which
is
good
,
now
by
alteration
,
&c.
it
shall
never
come
to
be
forgery
.
123
Principio
dato
sequitur
concomitans
,
&
sit
sublato
.
I
have
a
Mannor
in
which
is
a
Park
and
Fish-pond
,
11
Report
Lifords
Case
.
I
lease
this
excepting
the
game
,
&c.
And
after
I
grant
the
Reversion
,
the
Deere
and
Fish
shall
passe
as
attendants
.
If
a
statute
now
made
gives
an
action
in
case
none
lay
before
,
the
same
Processe
Judgement
,
and
Execution
shall
be
,
10
H.
7.
10.
as
in
the
same
action
was
in
other
Cases
,
where
it
lay
before
at
the
Common
Law
,
albeit
this
statute
doe
not
say
any
such
thing
.
He
which
takes
upon
him
to
grant
a
Rent
,
5
Report
21.
it
shal
be
by
deed
,
and
hee
shall
tender
a
Deed
for
that
purpose
without
any
agreement
for
it
.
A
bond
is
to
a
Sheriffe
to
discharge
him
of
the
returne
of
an
Exigent
,
he
shall
discharge
him
of
all
.
Concomitants
and
therefore
though
he
return
him
languidus
in
prisona
,
which
discharges
him
.
18
E.
4.
21.
If
after
distresse
ad
habendum
corpus
,
goe
forth
to
the
new
Sheriffe
,
and
the
old
Sheriffe
is
distreined
to
the
value
of
twenty
pence
,
which
is
forfeit
,
now
the
Obligor
hath
failed
of
his
promise
.
Cause
of
appeal
is
pardoned
,
and
after
an
Exigent
goes
out
,
now
the
goods
shall
be
saved
which
otherwise
by
award
of
the
Exigent
were
forfeited
,
45
Ass.
9.
because
the
principall
was
pardoned
.
124
Praesumptioni
stabitur
donec
probetur
in
contrarium
.
Unity
at
the
time
of
the
dissolution
discharges
tythes
upon
the
statute
,
Michel
.
40.
&
41
Eliz
.
but
this
is
upon
presumption
of
prescription
,
&c.
Now
if
it
appeare
upon
evidence
,
that
part
of
the
Mannor
was
in
leas
&
paid
tythes
,
this
disproves
the
presumption
,
yet
the
residue
of
the
Mannor
shal
be
discharged
of
tithes
.
A
man
purchaseth
land
of
I.
S.
who
is
impleaded
in
a
precipe
quod
reddat
,
50
Ass.
3.
the
law
presumes
him
to
be
a
Champerror
without
shewing
hee
was
so
till
he
may
prove
it
otherwise
.
125
Qui
tacet
consentire
videtur
.
27
Ass.
3.
Vide
placito
4
He
which
is
present
at
the
actuall
killing
of
a
man
,
and
puts
not
debate
shall
be
adjudged
assenting
.
A
Writ
is
against
foure
,
two
wage
their
Laws
of
non
summons
,
8
H.
6.
36.
the
other
two
say
nothing
,
it
is
so
strong
an
implication
of
jointenancie
that
they
cannot
deny
it
afterward
,
The
Ordinary
makes
an
appropriation
to
the
Patron
,
Plo
.
case
.
Grendon
.
it
shall
be
said
made
by
his
assent
,
vide
Dyer
62.
126
Quisentit
commodum
sentire
debet
&
onus
.
37.
Ass.
10.
F.
Bar
.
305.
He
which
hath
any
benefit
of
a
river
shall
be
charged
with
the
scowring
of
it
,
5
Report
Case
Dean
.
of
W.
upon
this
reason
it
is
that
the
assignee
is
chargeable
in
covenant
to
repair
,
though
he
is
not
named
.
A
man
grants
a
rent
which
is
behinde
,
after
he
grants
the
land
to
another
,
11
H.
4.
ultimo
4
Report
Ognels
case
.
the
grantee
dies
he
which
took
the
profits
when
the
rent
Became
arreare
shall
pay
it
,
See
20
E.
4.
10.
12
,
18.
26
E.
3.
64
,
30.
I
reteine
Counsell
for
one
,
30
H.
6.
9.
he
shall
pay
the
fee
and
not
I.
127
Qui
sentit
onus
sentire
debet
&
commodum
.
This
the
reason
if
a
feffment
is
upon
condition
▪
1
Report
case
Shelley
99.
9
H.
7.
25.
if
the
feffor
or
his
heirs
pay
ten
pounds
before
Michaelmas
that
they
shal
re-enter
the
father
hath
issue
a
daughter
and
dies
,
his
wife
being
with
childe
of
a
sonne
,
the
daughter
paies
the
money
,
she
shall
hold
the
land
.
The
husband
and
wife
suffer
a
recoverie
of
land
of
the
husband
,
Plo
.
case
,
Eare
and
Snowe
.
and
they
vouch
and
have
judgement
to
recover
in
value
,
the
husband
dies
,
the
wife
shall
have
nothing
of
the
intended
recompence
in
this
case
,
for
shee
lost
nothing
.
128
Qui
per
aliud
facit
per
se
ipsum
facere
videtur
.
An
annuity
is
granted
till
he
is
promoted
to
a
benefice
by
the
grantor
and
his
heirs
in
a
Writ
of
annuity
,
33
E.
1.
anty
51
he
shews
the
plantiffe
was
promoted
by
his
mother
at
his
request
and
bene
.
19
H.
6.
8.
In
trespasse
against
A.
and
the
evidence
is
that
B
struck
me
by
his
incitation
and
bene
.
1
Report
Case
Frost
.
A
Baily
arests
mee
,
he
may
shew
the
Sheriffe
did
the
arrest
.
39
H.
6.
42.
Dyer
241.
A
Rescoufe
is
made
to
the
servant
of
an
officer
,
he
may
return
the
rescouse
made
to
himselfe
.
An
Abbot
prescribes
to
hold
land
discharged
of
payment
of
tithes
dum
propriis
manibus
,
20
Eliz
.
Dyer
.
277.
excolitur
if
it
be
tilled
by
his
servants
,
it
is
within
the
prescription
,
outre
with
my
beasts
is
my
entre
,
and
so
he
shall
declare
,
Quare
clausum
fregit
,
vide
15
E.
4.
24.
21
H.
6.
5.
21
E.
4.
16.
44
E.
3.
44.
12
H
,
7.
Kellow
,
Placito
7.
42
E.
3.
23.
But
note
this
exception
where
it
is
matter
of
authority
,
it
is
otherwise
,
he
must
doe
it
himselfe
.
129
Qui
remedio
destituitur
reipsa
valet
,
siculpa
absit
.
6
Report
63.
Upon
this
reason
it
is
that
he
who
hath
a
reversion
by
way
of
use
which
is
executed
by
27
H.
8.
shall
a
vow
,
have
wast
,
&c.
without
attornment
.
Upon
the
same
reason
tenancie
by
curtesie
,
shall
be
of
a
rent
before
seism
,
3
H.
7.
To
make
the
obligor
executor
,
8
E.
4.
3.
is
a
release
in
law
because
he
cannot
release
to
himselfe
,
vide
7
H.
7.
11.
fallit
regula
.
A
parson
pays
an
annuity
,
and
takes
an
acquittance
,
the
successor
shall
not
have
this
,
&
yet
his
plea
of
payment
is
not
good
without
it
.
44
E.
3.
12.
130
Qui
magis
Scit
&
potest
de
eo
magis
requiritur
.
If
a
stranger
is
to
plead
that
such
a
one
hath
to
name
John
Abbot
of
Ramsey
,
it
is
sufficient
,
1
E.
4.
7.
but
if
the
Abbot
himselfe
was
to
plead
such
a
plea
,
he
shall
shew
how
his
name
is
so
,
&c.
See
13
H.
7.
19.
131
Quicquid
solo
superstruitur
solo
cedet
.
And
therefore
if
one
build
upon
my
land
or
plant
trees
they
are
mine
.
Exception
if
my
water
by
long
continuance
of
time
by
little
and
little
imperceptibly
wear
,
22
Ass.
93.
and
so
run
upon
your
ground
,
yet
it
is
mine
and
not
his
upon
whose
ground
it
runs
.
132
Quicquid
remittitur
fieri
aequat
facto
.
A
deed
is
delivered
into
equall
hands
,
to
be
delivered
to
I.
S.
upon
certain
conditions
,
14
H.
6.
11.
the
conditions
are
broken
,
but
he
that
was
party
to
the
delivery
doth
release
the
conditions
,
now
it
's
all
one
as
if
they
had
been
performed
,
133
Quae
non
prosunt
singula
juncta
juvant
.
Tenant
for
life
in
remainder
shall
not
punish
wast
nor
have
a
Writ
of
right
,
F.
N.
B.
30.
but
if
he
joyne
with
him
hath
the
fee
,
hee
shall
have
both
.
Lessee
for
years
grants
part
of
his
terme
,
and
both
joyne
in
a
surrender
,
14
H.
7.
4.
this
is
a
good
surrender
,
which
severally
was
not
good
.
134
Quod
necessario
intelligitur
non
deest
.
A
fine
with
proclamation
is
pleaded
,
and
he
shews
that
termino
pasche
,
30
H.
8.
So
many
proclamations
were
and
termino
.
Trin
.
4.
proclam
:
and
Michaelmas
term
30
H.
8.
7
Eliz
.
Dyer
234.
other
foure
,
and
exception
was
taken
that
no
terme
was
added
to
trinity
,
but
ruled
sufficient
because
it
is
added
●o
Easter
and
Michaelmas
&
necessario
sub
intelligitur
to
the
other
135
Quod
non
capit
discus
●apit
fiscus
.
The
appellee
in
robbery
disclaims
in
the
goods
,
and
after
is
acquitted
,
12
E.
4.
5.
the
King
shall
have
them
,
money
is
to
be
paid
to
I.
S.
who
dies
without
heirs
or
extor
,
48
E.
3.
31.
The
Earle
of
Marches
case
.
and
sequestration
was
,
&c.
It
is
said
the
King
shall
have
this
money
.
136
Ratio
dicti
minus
valet
quam
dictum
ubi
differunt
.
A
Bishop
certifies
bastardie
,
and
indorces
the
reason
of
it
,
because
the
husband
was
beyond
the
Seas
seven
years
,
38
Ass.
1●
the
certificate
is
good
of
the
bastardie
,
and
the
reason
of
it
rejected
.
137
Relations
.
It
is
a
fiction
in
Law
used
to
severall
necessary
purposes
,
somtime
to
make
a
nullity
of
a
thing
ab
initio
,
which
had
an
esse
to
certain
purposes
,
and
for
other
necessary
uses
in
the
Law
.
138
Relatio
&
non
ad
ultimum
.
A
Writ
is
brought
of
rescuing
his
goods
,
and
denying
to
pay
toll
,
contra
pacem
,
&c.
This
shall
refer
to
the
Rescouse
and
not
to
the
toll
.
30
E.
3.
17.
Note
where
the
thing
is
vain
to
which
the
relation
should
be
,
as
place
&c.
there
reference
shall
not
be
ad
ultimum
.
30
H.
6.
32
H.
6.
17.
in
that
kinde
,
where
the
place
was
not
put
pro
loco
,
but
for
another
purpose
.
A
carve
of
land
is
in
demand
,
medow
,
wood
,
and
rent
,
&
an
exception
comes
after
all
,
6
E.
3
42.
forstries
to
Acres
▪
this
exception
goes
to
the
Land
,
A
demand
is
by
Writ
quod
reddat
manerium
de
W.
&
two
acres
of
land
,
c●m
pertinentiis
in
Cliderow
,
t●is
cum
pertinentiis
shal
be
referred
to
the
Mann●r
,
6
E.
3.
12.
Sir
Adam
de
Cliderows
case
.
17
E.
3
26
77.
1
Ast.
15.
bough
it
is
in
another
Town
then
Cliderowes
the
same
Law
is
where
severall
Lands
in
severall
Towns
are
in
demand
precip●
,
&c.
&
interim
messuagia
illa
torras
pratareditus
,
&c
:
illa
refer
to
all
,
1
H.
6.
23.
Plo
Crofts
case
.
A
bond
is
made
to
A
,
B
,
and
C
,
Yeomen
,
this
goes
to
all
three
destrirgas
M.
4
H.
6.
3.
Dyer
45.
quae
fuit
uxor
T.
S.
de
Marton
Davie
,
this
addition
of
place
refers
to
M.
A
declaration
was
of
a
thing
done
at
M.
juxta
Ston
in
Com
.
Northampton
,
and
after
the
defendant
at
Ston
,
in
Com
.
predict
.
assume
&c.
Warwick
was
in
the
Margent
,
and
Ven
.
fac
.
went
to
the
Sheriff
of
War
:
and
tried
there
,
and
judgement
was
stayed
for
that
Northampton
was
the
last
Town
and
County
named
,
and
the
rule
given
that
reference
for
the
most
part
is
to
be
ad
proximum
antecedens
,
M.
35
Eliz
.
Case
Child
and
Towers
.
though
it
is
absurd
,
or
will
orethrow
a
verdict
,
&c.
See
Plo
.
Adams
case
.
6.
exception
.
9
Rep.
27
5
E
4.
126.
F
N.
B.
2
D.
18
H.
8.
1.
6.
Rep.
Sir
H.
Finches
case
.
139
Relation
will
rectifie
incertainties
in
place
time
,
measure
,
&c.
A
condition
of
a
bond
was
to
discharge
him
of
such
a
rent
against
R.
18
E.
3.
ff
.
harr●
247.
&
also
to
pay
his
area●s
incurred
before
Michaelmas
next
both
shall
be
before
Michael
.
by
relation
to
this
subsequent
word
Michaelmas
.
A
Lease
is
of
W.
acre
&
rent
to
be
paid
at
D.
upon
the
feast
of
St.
Michael
,
and
if
it
is
behinde
by
40
daies
to
reenter
,
Plo
.
70.
Kidwallies
case
.
though
no
pl●ce
is
appointed
where
it
sh●ll
be
paid
at
the
40
dayes
end
,
it
shall
be
referred
to
D.
Con●ition
of
a
bond
is
to
make
a
lease
before
Michaelmas
to
the
Obligee
for
31
years
,
if
A
will
assent
,
and
if
not
,
then
for
21
years
,
18
Eliz
.
Dyet
347.
A
will
not
assent
the
lease
for
21
years
ought
to
be
made
before
Michaelmas
.
Affise
of
the
moitie
of
a
house
,
a
carve
of
Land
,
and
40
shillings
rent
,
and
ruled
onely
a
moity
of
all
is
in
demand
.
24
Ass.
7.
A
man
grants
ten
acres
of
his
land
in
D.
simul
cum
communia
posture
in
omnibus
terris
suis
,
6
Ass.
3
This
shall
be
in
D.
onely
,
and
not
charge
his
lands
elsewhere
.
140
Relation
shall
make
things
have
been
,
●
H.
7.
16.
as
if
they
never
had
been
.
The
husband
disagrees
to
a
feffment
made
by
his
wife
,
it
is
void
ab
initio
,
so
that
he
may
plead
ne
infeffa
pas
,
A
devise
is
that
executors
may
sell
land
,
&c.
when
they
sell
all
mean
charges
made
by
the
heire
in
the
interim
shall
be
avoided
by
relation
to
the
time
of
the
death
of
the
testator
.
●
H.
7.
1
H.
8.
10.
I
dissese
A.
to
the
use
of
B.
the
disseisee
releas
to
me
,
and
then
B.
agrees
,
this
agreement
by
relation
shall
be
as
if
he
had
agreed
before
the
release
,
14
H.
8.
18.
and
so
shall
defeate
it
.
Jurors
alien
their
Land
away
between
the
teste
of
the
writ
of
attaint
and
judgement
,
yet
they
shall
be
charged
to
the
King
for
the
estrepment
by
relation
.
12
E.
3.
26.
Cause
of
assise
brought
was
for
rescuing
a
distresse
taken
for
rent
,
and
then
an
office
is
found
which
intitles
the
King
,
who
seises
the
Land
,
and
then
an
ouster
le
main
is
sued
,
the
assise
is
gone
for
ever
,
because
the
King
shall
bee
said
in
possession
at
the
time
of
the
rescous
by
relation
of
this
office
,
●1
Ass.
1.
upon
whose
possession
no
distresse
could
be
made
.
See
Plo
.
281.
10
H.
7.
18.
141
Relation
to
defeat
a
thing
,
shall
be
intent
a
ad
unum
Husband
and
wife
tenants
in
tail
,
3
Report
Case
Butler
and
B.
shee
brings
dower
after
his
death
,
this
unsetleth
the
estate
was
joynt
in
them
two
,
but
shall
not
have
relation
to
defeat
a
Reversion
granted
by
the
reversioner
Atournament
makes
the
services
past
ab
initio
,
48
E.
3.
16.
11
H.
7.
8.
yet
nothing
of
the
arrears
shall
be
paid
in
prejudice
of
the
tenants
which
are
third
persons
.
The
Lord
is
intitled
to
the
marriage
of
an
heire
of
the
disseisee
,
the
heire
release
to
the
dissessor
,
hee
is
in
now
from
the
time
of
the
first
disseisen
of
a
good
estate
,
7
H.
6.
12.
but
this
shall
not
hurt
the
Lord
of
his
Wardship
,
&c.
An
infant
is
infeoffed
and
disagree
,
this
defeats
it
ab
initio
,
as
to
himselfe
to
avoid
all
dammages
,
3
Report
Cas●
Butler
and
B.
but
not
to
make
a
void
gift
by
his
feffor
good
:
a
remainder
is
limited
to
the
King
,
and
before
inrolment
of
the
deed
he
grants
this
over
,
Ibib
.
and
then
the
deed
is
inrolled
,
this
will
not
make
the
grant
good
.
142
Relation
will
yeeld
to
necessity
.
The
husband
is
essoyned
,
and
at
the
day
fails
to
bring
in
his
warrant
,
or
doth
not
appear
,
the
judgement
shall
relate
to
the
time
of
the
protection
,
2
E.
4.
17.
21
Ass.
17.
or
essoign
cast
,
&c.
yet
his
wife
may
bee
received
for
no
time
covenable
was
before
to
pray
to
be
received
untill
default
,
&c.
143
Relation
shall
not
be
to
take
away
things
collaterall
,
&c.
Trespasse
is
made
to
A.
and
after
his
estate
is
defeated
by
condition
performed
or
Act
of
Parliament
,
4
H.
7.
11.
this
shall
not
relate
to
take
away
his
action
vested
,
3
Report
Case
Butler
and
Baker
.
&c.
A
bond
is
delivered
to
my
use
,
I
disagree
this
shall
now
loose
his
force
from
the
time
of
the
disagreement
onely
.
144
Relatio
ad
principium
,
&c.
Lessee
for
yeers
is
bound
to
I.
S.
to
make
to
him
the
best
estate
he
can
,
12
H.
8.
5.
and
afterward
the
reversion
,
or
releases
to
him
,
the
lessee
shall
be
discharged
of
the
bond
if
hee
grant
the
estate
he
had
at
the
bond
makeing
.
Estranger
abates
,
after
the
death
of
the
father
,
●1
E.
4.
60.
the
son
dyes
his
wife
shall
not
have
dower
for
this
abatement
shall
relate
to
the
death
of
the
father
.
●
E.
4.
33.
8
H.
6.
22.
Administratour
de
son
tort
takes
letters
of
administration
,
this
shall
relate
to
the
death
of
the
Intestate
.
An
Escrow
is
delivered
by
a
feme
sole
,
14
E.
4.
2.
21
H.
6.
3
Report
case
.
Ionnings
and
B.
33
H.
6.
17.
1
Report
199.
if
she
marry
or
dye
yet
by
relation
it
shall
be
good
.
An
Act
of
Parliament
hath
relation
to
the
first
day
of
the
Session
.
Presentment
tempore
belli
is
not
good
to
gain
possession
,
though
ind●ction
was
in
tempore
pacis
,
a
blow
given
in
time
of
in
sane
memory
,
though
he
dye
when
of
sane
memory
it
is
not
capitall
.
Sale
of
goods
is
out
of
the
market
,
and
after
they
are
brought
into
the
market
and
delivered
there
,
yet
it
relates
to
the
first
sale
,
&c.
1
Mar.
Dyer
.
99.
and
so
takes
away
no
property
of
an
Estranger
.
145
Relation
to
time
▪
place
,
&c.
In
case
of
atteindor
by
verdict
in
felony
,
It
shall
relate
to
the
time
of
the
fact
done
,
30
H.
6.
5.
of
outlary
it
is
otherwise
,
but
in
case
of
treason
outlary
shall
relate
to
the
fact
done
.
Atteindor
by
Act
of
Parliament
shall
relate
to
the
first
day
of
the
Parlia
.
35
H.
8.
B.
Crom
p.
77.
Dyer
50.
one
shall
not
be
accessary
to
a
felony
by
relation
,
but
onely
from
the
death
not
blow
given
.
Arbitrement
was
pleaded
at
D.
scilicet
that
such
an
one
shal
grant
an
Annuity
out
of
the
Mannour
of
S.
&
in
conclusion
says
,
quod
loco
supradicto
,
&c.
this
shall
relate
to
D.
12
H.
6.
17.
and
the
Venire
facias
shal
be
thence
a
Venire
facias
was
ad
recognoscendum
,
if
an
Executor
did
administer
aliqua
bona
that
were
the
Testators
after
his
death
,
these
words
after
his
death
,
shall
relate
to
administer
and
not
to
goods
,
7
H.
4.
37.
to
examine
whether
they
came
after
the
death
or
not
.
148
Relatio
sit
ad
accommodatiora
.
A
man
leases
for
the
life
of
I.
S.
Hill
.
19.
Elia
.
Gowers
case
.
&
after
gives
all
his
lands
&
reversion
of
this
parcell
habendum
all
his
lands
and
parcell
cum
acciderit
proxime
post
mortem
I.
S.
these
last
words
shall
relate
to
the
reversion
onely
.
The
Obligee
doth
acknowledge
he
is
satisfied
,
9
Report
Case
Hickman
.
all
bonds
,
and
promiseth
to
deliver
in
all
bonds
(
except
one
of
ten
pound
,
this
exception-goes
to
the
word
satisfied
,
and
restreins
this
and
not
onely
to
the
words
deliver
in
,
11
Report
32.
see
the
word
(
such
)
is
to
equalls
in
the
mischiefe
and
not
to
any
before
in
the
statute
there
named
.
See
22
E.
3.
4.
Condition
of
a
bond
was
,
if
the
Defendant
enter
peaceably
,
so
that
the
Plaintiffe
may
bring
his
action
before
Michaelmasse
,
in
this
case
,
these
words
before
Michaelmasse
shal
relate
to
the
entre
27
H.
6.
18.
onely
,
and
not
to
the
bringing
of
the
action
.
149
Relation
to
avoid
thing
or
a
vaine
thing
will
destroy
that
was
good
in
the
premises
.
As
a
grant
is
by
me
of
my
lands
in
D.
which
I
had
by
descent
,
or
of
the
gift
of
I.
S.
if
this
he
false
it
will
destroy
my
grant
,
A
bond
to
performe
all
Covenants
between
A.
B.
and
C
,
37
H.
6.
18.
in
such
an
Indenture
,
and
there
is
not
any
such
,
the
bond
is
not
good
,
one
makes
an
acquittance
of
debt
,
which
was
recovered
by
a
judgment
,
&c.
and
there
is
no
such
it
is
void
,
11
H.
7.
6.
husband
and
wife
are
seised
of
land
,
and
a
grant
is
made
of
the
reversion
of
the
land
which
the
husband
holds
,
this
is
void
to
passe
this
reversion
.
Contra
sepius
.
33
H.
8.
Dyer
.
50.
A
bond
is
of
thirty
pound
and
the
Obligee
upon
receit
of
twenty
pound
,
&c.
makes
an
acquittance
thus
,
11ff
.
Grants
63
received
in
part
of
twenty
eight
pound
,
&c.
the
summe
of
twenty
pound
,
this
shall
not
make
frustrate
the
acquittance
if
not
that
averment
is
that
twenty
eight
pound
was
for
another
contract
.
A
reversion
of
lands
in
D.
quae
omnia
sunt
,
in
lease
to
I.
S.
48
E.
3.
18.
for
life
is
granted
,
though
no
such
lease
is
,
it
is
good
.
See
Plou
.
Plo
.
Case
Throgmorton
.
Adams
case
,
5.
exception
,
10
Rep.
Legats
case
,
an
indenture
of
defesanes
refers
to
a
Statute
made
primo
Maii
,
&c.
17
E.
3.
35.
Sir
Iohn
Hardshals
Case
.
and
it
was
ano●her
day
,
yet
it
is
good
because
an
agreement
was
in
the
summe
of
the
Statute
,
and
name
of
the
parties
.
See
20
Ass.
8.
26
Ass.
38.
31
Ass.
1.
148
Semel
malus
semper
presumitur
malus
&
contra
.
A
Jury
was
challenged
cum
panello
,
33
Ass.
placito
ultimo
.
for
being
made
favourably
by
an
Officer
of
the
Sheriffes
,
and
upon
a
new
Ven
.
fac
.
part
of
the
same
jurors
are
returned
by
the
Sheriffe
himselfe
,
and
ruled
bene
,
and
the
suspition
shall
not
be
said
to
continue
.
149
Similitude
non
currit
quatuor
pedibus
Resommons
is
ita
quod
sit
(
in
eodem
statu
.
)
Yet
a
default
saved
,
which
was
before
discontinuance
,
5
H.
7.
39.
40.
so
essoigne
lies
which
did
not
before
.
150
Sic
utere
tuo
ut
non
laedas
alieno
.
Lessee
for
years
shall
so
take
his
hedgebote
,
46
E.
3.
17.
that
he
doe
not
destroy
common
of
estouers
which
another
man
hath
there
,
he
which
hath
common
in
Land
not
inclosed
,
20
E.
4.
11.
shall
keep
his
cattle
out
of
an
estrangers
land
.
If
beasts
are
driven
by
the
highway
,
he
ought
at
his
perill
keep
them
out
of
the
Lands
adjacent
to
the
way
,
&c.
20
E.
4.
11.
10
E.
4.
7.
except
in
case
where
the
owner
is
bound
to
inclose
&c.
but
note
,
prejudice
may
insue
by
my
act
upon
my
own
land
without
danger
,
as
where
a
man
erects
a
wall
,
part
upon
my
land
,
Pasch
.
34.
Eliz
.
C.
Wigford
vers
.
Gill
.
and
I
destroy
this
upon
my
land
,
and
the
rest
by
that
means
falls
down
this
is
excusable
.
151
Singulare
distributive
sumpta
aequat
plurali
.
Tenant
in
assise
makes
severall
bars
,
&
the
plantiffe
makes
severall
titles
,
Dyer
325.
and
the
tenant
pleads
veigne
l●ssise
supra
titulo
,
this
goes
to
all
the
titles
.
A
lease
is
pro
uno
anno
,
and
if
they
agree
that
he
shall
have
the
land
for
threee
years
reddendo
durante
termino
praedict
.
ten
pounds
annuatim
this
reservation
goes
to
both
termes
.
10
Report
Case
.
Loefeild
.
In
debt
the
plantiffe
declares
that
the
defendant
and
his
brother
were
bound
in
an
obligation
sigello
suo
sigillat
,
Mich
.
33
Eliz
-
Case
Briton
&
Bolton
.
this
extends
distributive
to
both
.
152
Synonyma
will
not
serve
in
our
Law
.
The
Statute
W.
2.
forbids
entre
,
ubi
ingressus
non
datur
per
legem
,
9
H.
6.
19.
now
if
in
an
indictment
,
&c.
it
is
layed
,
quod
ingressus
est
illicite
,
5
Report
Case
Long
.
this
is
not
good
,
so
an
indictment
for
murther
by
thes
words
,
ex
malitia
precogitata
necavit
,
&c.
i●
not
good
without
the
word
,
murdraivi
.
153
Surplusage
,
what
power
and
influence
this
shall
have
in
Grants
&c.
And
note
some
use
may
be
made
of
it
,
as
where
a
contract
is
to
deliver
a
horse
&c.
and
a
bond
is
to
deliver
it
,
8
E.
4.
22.
Perkins
.
784.
now
albeit
by
the
contract
the
property
be
vested
in
the
obligee
,
yet
in
this
case
if
the
horse
is
tendred
to
him
,
and
he
refuse
,
he
hath
lost
the
propertie
,
because
this
bond
which
was
more
then
needed
hath
determined
the
contract
,
nota
.
152
Totum
continet
suas
partes
&
è
converso
.
30
E.
3.
13.
7
Report
Case
Bulwar
.
The
Statute
W.
2
,
which
gives
a
writ
ad
petendum
advocationem
decimarum
:
implies
he
shall
have
this
writ
for
a
fourth
part
of
Tithes
.
2
Eliz
.
Dyer
186.
A
statute
is
made
that
the
adjournment
of
Michaelmas
Terme
shall
not
hinder
fines
,
&c.
This
implies
that
though
part
of
the
Terme
onely
is
adjourned
,
that
shall
not
let
,
but
fines
are
well
levied
.
A
Statute
is
if
a
man
is
redissessed
of
land
,
Institut
.
1.
154.
hee
hath
recovered
before
,
such
a
penaltie
shall
bee
,
if
he
is
redisseised
but
of
part
of
that
Land
,
it
is
within
that
statute
.
A
man
hath
a
way
for
foot
,
horses
and
waynes
,
if
this
is
made
so
strait
that
wayns
cannot
passe
,
which
is
onely
part
of
that
he
hath
way
for
,
yet
the
writ
shall
be
,
quod
obstruxit
viam
generally
.
155
Totius
&
partis
eadem
ratio
.
Aid
was
granted
for
part
of
the
Land
charged
with
rent
,
it
shall
stand
for
all
.
22
H.
6.
2.
24.
He
which
diverts
part
of
a
water
shall
be
said
in
law
to
divert
it
all
,
fallit
regula
aliquoties
.
A
liberate
comes
to
an
Officer
to
pay
a
hundred
pounds
,
if
he
have
it
all
,
Institut
.
4.
116.
he
ought
to
pay
it
,
but
if
he
want
part
thereof
,
hee
is
not
bound
to
pay
that
part
&c.
156
Totum
qui
concedit
partes
negare
non
potest
.
23
Ass.
12.
It
is
alledged
in
Assise
that
all
the
lands
within
the
fee
of
Saint
Peter
of
Yorke
were
departible
between
the
males
,
and
that
the
ten
acres
in
question
were
within
that
fee
,
and
the
tenant
would
have
said
that
these
ten
acres
were
not
departible
,
but
was
not
suffered
.
This
doth
not
hold
where
the
matter
affirmed
of
parcell
tends
onely
to
alter
the
jurisdiction
.
9
E.
3.
18.
As
where
a
Mannor
is
alledged
to
be
ancient
Demesne
,
hee
may
say
that
Black
acre
parcell
of
the
Mannor
is
Frankfee
.
Fallit
regula
,
also
in
case
of
time
that
which
may
be
said
of
a
moneth
of
time
,
cannot
of
a
week
,
&c.
As
the
statute
5
Eliz
.
gives
a
penalty
against
him
trades
by
the
space
of
a
moneth
,
not
being
an
apprentice
,
&c.
if
he
trade
but
a
weeke
or
fortnight
hee
shall
forfeit
nothing
at
all
within
this
Law
.
157
Tort
,
of
his
own
wrong
,
a
man
shall
not
take
advantage
.
42
E.
3.
18.
5
Report
Case
Wimarke
.
I.S.
takes
from
me
the
release
he
had
made
,
now
I
shall
plead
it
without
shewing
it
.
Lessee
for
years
cut
trees
,
4
Report
Case
Harlakenden
.
he
shall
not
have
avail
of
this
to
keepe
it
toward
reparations
,
&c
,
Husband
and
wife
are
impleaded
,
and
the
demandant
holds
the
wife
of
the
tenant
that
shee
cannot
appear
,
10
E.
3.
40.
this
shall
not
turn
to
a
default
in
the
tenant
.
See
4
Report
Case
Sir
Andrew
Corbet
,
&
34
H
6.
11.
Regula
,
fallit
,
in
case
hee
to
whom
the
wrong
is
done
had
it
in
his
power
to
remedy
it
,
there
it
shall
prejudice
him
if
he
doe
not
remedy
it
,
and
it
shall
be
to
the
availe
of
the
wrong
dore
,
as
I
am
bound
to
infeffe
I.
S.
before
Michaelmas
of
B.
acre
,
and
the
obligee
,
8
Report
92.
Frances
Case
.
disseise
mee
of
that
●cre
,
here
because
I
may
enter
and
regain
●he
Land
and
make
the
feff
,
if
I
doe
not
I
have
forfeited
my
bond
:
So
where
Covenant
is
to
build
a
house
by
the
lessee
before
the
end
of
the
Terme
,
and
lessor
enter
upon
him
and
outs
him
,
yet
hee
is
bound
to
doe
it
,
or
else
the
Covenant
lies
,
36
Eliz
.
Case
.
Farewell
and
Barker
.
unlesse
there
be
speciall
matter
to
excuse
it
,
as
if
the
other
hold
him
out
by
force
.
158
Utile
per
inutile
non
vitiatur
,
nec
emendatur
.
4
Report
93.
Of
this
nature
is
all
Surplusage
in
grants
,
deeds
,
&c.
It
doth
neither
good
nor
ill
.
A.
release
to
B.
ad
primum
diem
Maii
quod
esset
.
35
H.
8.
Dyer
57.
All
Covenants
,
&c.
this
is
a
present
release
,
and
the
subsequent
words
ad
primum
diem
Maii
quod
esset
are
idle
.
A
deed
is
that
such
a
thing
shall
be
done
before
Whit-Sunday
next
,
being
the
first
day
of
June
,
Pasch
.
1.
Car
.
Case
Bishop
of
Norwich
.
Vid
.
41.
Ass.
21
though
Whit-Sunday
is
the
fourth
of
June
,
this
shall
not
frustrate
the
agreement
,
but
shall
be
made
on
Whit-Sunday
.
Uses
are
declared
in
an
indenture
in
taile
,
in
which
is
power
of
revocation
,
8
Report
Case
Frances
.
and
upon
recitall
of
this
deed
he
declares
that
praedicti
usus
,
to
him
and
his
heirs
shall
be
void
,
yet
this
a
good
revocation
,
and
the
other
word●
idle
,
scil
.
to
him
and
his
heirs
.
A
rent
is
granted
for
legality
of
partition
,
Institutes
1.
146.
147.
Vid
.
30.
H.
6.
14
this
is
good
without
deed
,
now
annuity
doth
no●
lie
though
a
deed
is
in
this
case
made
because
surplus
,
14
E.
4.
2.
&c.
Exception
,
Sometime●
idle
and
vain
words
will
have
operation
as
A.
2
Report
Case
Buckler
.
release
to
B.
omni
modas
(
which
the
said
B.
hath
against
A.
)
this
was
adjudged
a
void
release
.
Lessee
for
life
make●
a
lease
for
three
years
,
&
then
grants
tenement
a
praedict
a
habendum
after
Michaelmasse
,
4
Report
Case
Palmer
.
all
this
is
void
.
The
Sheriffe
in
executing
a
Fiere
facias
takes
upon
him
upon
the
sale
of
a
Terme
,
to
nominate
the
beginning
of
the
terme
,
and
saies
it
wa●
1
Maii
,
where
it
was
another
day
:
this
surplus
makes
the
whole
execution
null
.
An
union
was
pleaded
to
be
concurrentibus
his
quae
jure
debent
,
&c.
and
by
assent
of
the
Ordinary
,
this
surplusage
expresly
contradicts
that
was
implyed
in
the
concurrentibus
his
,
&c.
in
which
the
Ordinary
might
well
have
been
intended
also
which
now
appears
that
he
is
not
,
10
H.
7.
19.
and
so
vitiates
all
the
rest
,
&c.
for
surplusage
in
cases
of
pleading
,
the
Law
varies
upon
severall
distinctions
,
in
one
case
it
shall
hurt
●ad
not
in
another
,
where
surplusage
●akes
a
contradiction
there
it
will
doe
●urt
;
22
Ass.
so
in
case
of
a
Writ
where
there
is
●ot
substance
to
maintain
the
action
,
39
H.
6.
38.
but
●or
to
increase
damages
,
it
shall
doe
no
harme
.
Plo
.
85.
46
E.
3
,
3.
1
E.
4.
7.
37
H.
8.
3.
Register
6.
6.
12
H.
7.
Kell
.
10
H.
6.
10.
8
Report
159
Dyer
235
,
236.
50
E.
3.
6
34
H.
6.
48.
159
Void
,
in
a
Statute
where
it
is
said
what
sense
it
hath
,
&c.
28
H.
8.
Dye
28.
Obseeve
first
where
a
Statute
saies
such
a
thing
shall
be
void
,
3
Report
59.
Plo
.
107.
yet
the
ordinary
circumstances
are
to
be
observed
,
which
by
law
are
required
,
to
avoid
such
a
thing
as
entre
,
and
the
like
.
Institutes
1.
273.
The
Cannon
saith
that
a
second
shall
Benefice
void
,
see
if
before
sentence
,
vide
Statut
.
21.
H.
8.
by
that
it
is
void
presently
and
lapse
shall
incurre
,
and
protheine
avoidance
is
not
grantable
by
a
Patron
because
it
's
void
.
If
it
be
inacted
that
a
bond
made
by
I.S.
shall
be
void
,
as
upon
the
Statute
of
23
H.
6.
of
Sheriffes
,
such
a
clause
is
for
a
bond
taken
by
a
Sheriffe
otherwise
then
is
there
directed
,
5
Report
119
yet
he
shall
not
plead
non
est
factum
,
but
the
speciall
matter
and
demand
.
Plo
.
169.
judg●ment
,
See
action
Stat.
W.
2.
Case
1.
whic●
sayes
,
Plo
.
137.
quod
finis
sit
nullus
,
yet
it
is
not
absolutely
void
,
but
avoidable
by
errour
,
an●
not
otherwise
,
the
Stat.
of
3
Eliz
.
is
tha●
grants
of
Deanes
,
&c.
shall
be
void
,
ye●
is
not
so
in
all
respects
,
11
Report
73.
for
it
's
good
agains●
him
that
made
it
,
but
void
as
to
the
successor
.
160
Void
,
where
a
thing
shall
be
for
part
,
3
E.
4.
7
,
8.
or
for
a
certain
time
onely
.
A
man
contracts
for
wages
beyond
that
the
Statute
alows
,
this
is
void
as
to
the
wages
,
but
shall
charge
him
in
an
action
upon
the
Statute
.
Abridg
.
assis
.
87.
A
man
enters
into
Religion
,
and
his
wife
aliens
the
Land
,
of
which
they
were
seised
,
and
then
he
is
darreined
,
he
shall
avoid
this
for
his
life
,
but
the
alience
shall
hold
it
against
the
wife
,
so
a
terme
may
be
avoided
by
tenant
in
dower
&
revived
afterward
,
7
Report
Com
.
Bedfords
Case
.
and
it
shall
be
good
against
the
heire
.
161
Void
act
as
to
that
was
intended
,
may
yet
be
good
and
effectuall
to
a
colaterall
purpose
.
An
appeale
is
void
being
brought
by
the
youngest
son
,
21
H.
6.
29.
yet
this
shall
him
excuse
to
be
indicted
,
if
the
party
is
acquitted
upon
this
,
but
otherwise
it
is
in
case
a
woman
brings
an
appeal
of
the
death
of
another
,
then
her
husband
because
it
is
apparently
ill
within
the
record
it selfe
.
A
release
of
a
feme
covert
is
pleaded
,
this
is
void
to
make
a
barr
,
18
H.
6.
29.
yet
it
will
amount
to
a
waiver
of
a
good
plea
pleaded
before
to
the
writ
.
An
issue
joyned
in
waste
was
a
jeofale
,
the
same
plea
notwithstanding
may
bee
a
confession
of
the
wast
.
10
Eliz
.
Dyer
272.
Retourne
is
by
one
Coronor
of
a
Rescous
upon
a
writ
made
to
more
Coronors
,
it
is
a
voide
returne
,
39
H.
6.
42.
yet
it
will
be
a
good
suggestion
upon
which
a
processe
shall
issue
for
the
Rescous
:
But
nota
,
such
a
void
act
shall
never
bee
good
or
avaleable
in
the
same
kinde
it
was
void
.
Pasch
.
11.
Car
.
Cafe
.
Baker
and
Hagget
.
Tenant
in
taile
is
,
the
remainder
to
himselfe
in
fee
,
he
makes
a
feofment
by
deed
,
and
a
letrer
of
Atourney
,
&c.
if
this
livery
is
not
executed
the
remainder
shall
not
passe
by
the
deed
:
Bargain
and
saile
is
of
a
mannor
,
11
Report
48.
and
all
the
trees
the
deed
is
not
inrolled
,
this
shall
not
work
as
a
grant
of
the
trees
being
of
no
effect
for
the
Land
.
A
man
leases
a
mannor
,
16
H.
7.
3.
and
hath
nothing
in
demesne
at
the
time
,
but
in
services
these
shall
not
passe
,
but
this
exception
hath
its
exception
,
as
where
the
thing
is
void
,
quoad
modum
onely
as
a
fine
,
4
Eliz
.
Dyer
215
upon
4
H.
7.
is
not
good
for
lack
of
proclamations
,
yet
it
's
a
good
fine
at
the
Common
Law
.
1
H.
6.
4.
7.
A
Statute
is
acknowledged
which
is
not
good
,
for
some
failers
,
&c.
yet
it
is
a
good
bond
.
162
Volenti
non
fit
injuria
.
A
man
shoots
giving
warning
to
all
,
18
E.
4.
8.
19
E.
4.
2.
&c.
and
one
will
go
to
the
mark
and
is
hurt
he
is
without
remedy
.
I
am
bound
to
make
a
house
if
you
prohibit
me
to
come
upon
the
land
I
may
plead
this
in
bar
,
exception
is
where
the
fault
and
injury
is
essential
to
the
thing
and
vitiates
it
,
and
is
not
personall
,
the
law
is
otherwise
,
as
where
I
will
exchange
with
one
hath
a
bad
title
and
it
s
knowne
to
me
.
So
if
I
know
of
fraudulent
conveyance
and
you
buy
the
land
,
5
Report
Case
Gooche
.
in
both
these
cases
the
party
shall
have
the
remedy
though
hee
was
willing
to
the
wrong
,
&c.
163
Verba
discretiva
,
shall
not
extend
to
joynt
words
&
contra
.
The
Amercements
of
my
tenants
are
granted
,
22
Ass.
49.
this
shall
not
extend
to
those
hold
of
mee
and
of
others
.
where
it
s
spoken
of
an
act
to
be
made
by
A.
Perkins
.
158.
&
310.
it
shall
be
by
him
sole
and
not
joyntly
with
others
,
but
a
surrender
of
all
his
leases
,
is
good
of
those
hee
holds
joyntly
as
of
others
.
Statute
8.
H.
6.
is
if
one
enter
with
force
or
peaceably
and
hold
with
force
an
action
lyes
,
Plo
.
8.
6.
3
E.
4.
19.
yet
if
both
are
done
the
action
lyes
.
164
Verba
conjuncta
non
capiantur
discretive
&
contra
.
A
Recordare
is
to
remove
a
plea
betweene
A
and
B.
3
H.
7.
14.
Plaintiffs
,
and
C.
and
D.
Defendants
,
and
every
Plaintiffe
would
have
counted
severally
and
not
permitted
,
for
it
shall
be
intended
joynt
plaint
onely
.
29
E.
3.
20.
A
statute
speaks
of
an
act
to
be
done
by
two
parties
,
this
shall
be
intended
joynt
act
.
5
E.
3.
14
,
15.
Contra
where
they
shall
be
taken
discretive
,
2
R.
3.
18.
three
men
then
submit
of
all
matters
betweene
them
and
A.
21
H.
7.
29.
this
extends
to
matters
severall
among
them
,
as
well
as
joynt
.
Severall
Demises
and
Rents
are
in
one
Indenture
,
No
lib
.
Entry
115.
and
in
conclusion
hee
covenants
to
pay
reditum
praedictum
,
this
goes
to
all
the
Rents
.
Two
joyn
in
a
grant
of
omnia
bona
sua
,
so
a
release
to
B.
and
C.
all
actions
,
19
H.
6.
4.
this
extends
to
their
severall
goods
and
severall
actions
to
have
operation
to
the
most
advantage
against
him
made
the
deed
or
grant
.
Three
severall
men
covenant
separatim
by
Indenture
and
in
this
,
one
is
bound
to
perform
the
covenants
made
between
A.B.
&
C.
&c.
he
shall
be
bound
to
performe
any
covenant
made
betwixt
them
seperatim
.
11
H.
7.
6.
Severall
rents
are
behind
by
a
Prior
and
his
Predecessour
,
and
in
his
Count
he
concludes
,
non
dum
rediderunt
,
And
this
holden
good
though
part
was
due
in
the
time
of
the
Predecessor
,
17
E.
3.
2.
and
part
since
.
165
Una
hirundo
non
facit
ver
.
A
Lord
hath
allowance
one
time
to
have
Conusans
of
plea
,
8
E.
3.
2.
ubi
ipse
pars
fuit
,
this
will
not
serve
at
another
time
to
hold
such
plea
.
166
Universale
non
comprehendit
omne
particulare
.
A
man
is
reteined
to
serve
in
all
occupations
.
38
H.
6.
13.
In
debt
for
wages
the
defendant
may
wage
his
law
,
which
yet
hee
cannot
do
in
case
of
husbandry
,
Ergo
.
In
decies
tantum
,
it
is
no
plea
for
the
defendants
to
say
that
they
tooke
not
any
mony
for
saying
their
verdict
,
21
H.
6.
20.
but
they
shall
say
,
nec
aliquis
eorum
,
&c.
See
3
Report
,
Marquesse
of
Winchesters
Case
,
where
all
rights
in
a
statute
did
not
extend
to
right
of
action
.
4
H.
7.
8.
6
Report
56.
So
where
an
exigent
is
returned
against
three
;
quod
non
comparuerunt
,
it
must
be
nec
aliquis
eorum
comperuit
,
&c.
else
it
s
not
good
.
166
Ubi
duo
jura
in
una
concurrunt
persona
aeque
est
ac
in
diversis
.
Institut
.
1.
194.
195.
Institute
3.
134
Holcroft
Case
.
Articuli
super
chartas
ordaneth
.
That
in
case
of
death
of
one
within
the
Verge
,
the
Coroner
of
the
County
,
and
of
the
houshold
of
the
King
shall
joyne
in
the
Inquire
,
and
holden
if
one
is
Coroner
of
both
he
shall
well
executeth
is
authority
.
167
Vigilantibus
&
non
dormientibus
subveniunt
leges
.
This
the
reason
of
lapse
incurring
for
lack
of
presentment
.
Warranty
barring
for
lack
of
entry
,
discents
barr
entryes
for
lack
of
clayme
,
title
to
tenancy
by
curtesie
is
lost
for
lack
of
entry
.
statutes
of
limitations
barr
actions
,
Litt
.
551.
the
first
Grantee
that
its
attornment
shall
have
the
Reversion
or
Signiory
,
&c.
and
a
hundred
Cases
more
are
ruled
upon
this
ground
.
36
H.
6.
1.
A
man
is
outlawed
and
error
is
in
the
Record
this
may
be
reversed
,
the
same
terme
by
plea
,
but
after
not
.
A
trespasse
is
committed
to
two
joynttenants
,
and
each
of
them
releases
,
and
after
brings
trespasse
,
and
the
defendant
pleads
the
release
of
one
of
them
which
is
found
against
him
hee
shall
not
be
afterward
admitted
to
plead
the
other
release
,
because
he
hath
surceased
his
time
.
Finis
Topicorum
legum
Angliae
.
Which
was
allowed
to
the
Presse
two
yeers
since
in
furore
belli
,
but
the
Booksellers
were
unwilling
to
Print
it
then
because
it
was
in
French
and
few
in
town
.