rected to the sheriff, to commit waste, this is no contempt; otherwise if the writ had been directed to them. 85
4. What caution is best to be used in a verdict, where the doubt is like to arise upon the misnomer.
125 5. Where the king may make ordinances at the time of the incorporation. 210 6. Cannot make by-laws against reason, 211 or the laws of the realm. 7. Have power, by the very incorpora- tion, to make by-laws, without express Ibid. 8. What by-laws shall be said against rea- Ibid. son.
1. Cannot lay a custom to fell and sell timber. 6, 11 2. Forfeits not his copyhold, for non-pay- ment of an unreasonable fine. 135 clauses. 3. The court shall judge the unreasona-
bleness. 4. The unreasonableness must come on the part of the tenant, by special plead- ing the circumstances of his case, or by giving it in evidence upon not guilty pleaded, that so the court may judge upon the fact agreed. Idid. 5. The demand of rent or fine, so as to make a forfeiture, must be of the per- son of the copyholder. Ibid. 6. If a copyholder demise by license, by indenture, he may surrender the rever- sion by the name of a reversion. 167 7. What collateral incidents to estates
will not belong to copyholds, without special custom. 215, 216 8. If a copyholder demise by license, and forfeit the lease, will stand against the lord perhaps, quære.
9. Where the severance of the customary tenement from the manor shall not pre- judice the widow in her customary es- 181
Ibid. 9. The simple incorporating of a town, excludes not foreigners to trade there. 212
1. If the court allows the plaintiff's sur- mise, and grant process to the coron- ers, quare, whether they may afterward award it to the sheriff.
Coroners acting as ministers of justice must all join; as judges they may divide.
A return of a ven. by three coroners, where are four, is error at common law, but holpen by the statute. Ibid.
When the sheriff is plaintiff in the ac- tion of waste, the estrepment shall go to the coroners.
10. Where the widow's customary estate 6. A flight found by the coroner's inquest shall be esteemed in law, as vested, is final as to the forfeiture of goods. without admittance of the lord. Ibid. 318 11. The widow's customary estate due to her who was divorced a mensa et tho- ro, though there were cause for a di- vorce a vinculo. Ibid. 12. A copyholder of inheritance, which hath common appendant in another manor, purchaseth the freehold and in- heritance of the copyhold; quare if the common be extinct. 190
corporation and his successors, goes to 1. Where it lies upon a warranty. 4, 28 64 2. Where it lies upon a covenant in law,
the executors, where not.
3. What shall be a misnomer to avoid a by demisi. grant, what not.
124, 125 3. Performance of covenants may be
pleaded generally, if the indenture be 6. Where a command of a committee of pleaded too. them is as much as of the whole board. 272 7. Where refusal to answer them in a question of state shall be punished in star chamber. 235
4. Though the covenant be negative. Quære. 13 5. A covenant in law by demisi may be broken before eviction; otherwise of an express covenant to enjoy.
12 6. By an under sheriff not to execute cer- tain process, without a warrant from the high sheriff, void, as against law. 13 7. By the feoffee not to alien, good. Ibid. 8. Shall be taken strictly.
8. Where, and how far, a cause determin- able in star chamber is examinable here. 213
9. That B. shall enjoy for seven years, is 1. Hath a court of chancery incident to it. a lease.
1. When the court is bound ex officio to disallow the ven. fac.
10. That the lessee shall enjoy, binds not 2. How issues joined at Westminster may against a wrongful ejectment, unless it be tried there, and certified from be particular against A. who wrongfully thence. 138, 139 ejects, or expressly against all stran- What alterations have been made in gers. Ibid. the county palatine of Durham, by the 11. Lies against the lessor, upon an eject- stat. of 27 H. 8. c. 24. ment by him. Ibid. 12. In the affirmative, cannot take away a precedent power or interest. 172 13. That the grantee of trees may take them within five years, amounts to a general warranty. 178 14. Where covenants to do all acts for further assurance shall be sufficient to declare the use of a subsequent fine in fees, and where not. 273, 274, 275 15. The office of covenants for farther assurance and quiet enjoyment. 275 16. Covenants must be taken with respect to the whole context and contents of the deed. Ibid. 17. A covenant to make such assurances as shall be reasonably devised, must be of such assurance as differs not from the bargain.
Ibid. 18. How covenants may be said to wait upon, and join with, the grant.
37 When to abate the writ. 279, 281 Where the determinations of the king's courts make points to be de lege, as articles are said to be de fide, by the determination of the church. 298 As amicus curia, any body may inform, any where.
5. A cause judged by the court that hath no jurisdiction of the cause, is utterly void, et coram non judice.
6. Bound to judge, ex officio, upon the whole record, though demurrer be joined upon a point certain.
7. After a verdict they must make no more doubts than the jury made. 55 206 8. When it is in their discretion to grant a prohibition. 67 9. Where the court shall judge, by discre- tion, the conveniency of things in cer-
1. Was not protected, at common law, so 10. How the courts of common law may much as infancy, and why:
1. Is, as it were, a court of state. 114 2. Is not tied to any set form of proceed- ings. Ibid. 3. An ambassador may prosecute there for his master's subjects, but not in chancery. Ibid.
4. A commandment of the lords of the council pleaded in traverse. 134 5. In what cases they may command a man upon his allegiance, in what not. 271, 272
be said to have unlimited power in causes transitory.
79 11. If after demurrer a plea be pleaded puis darrein continuance, and a new de- murrer upon that, yet the court must consider of the first demurrer. 81 12. The court of common law must ex- pound those statutes concerning eccle- siastical courts.
83, 84 13. The court shall judge of convenient time to remove, upon the death of tenant for life, or to remove corn off from the common, upon the fact agreed in plead- ing, or found by jury. 174
14. The act of the court misawarding a
See Constable and Marshal.
PIPOWDERS IS ONLY FOR MARKET CAUSES. 12.
18. The court must award a writ for the 1. Not styled a court, but master of re- king, where the title appears for him in a quare impedit, though the issue be not found for him. 118, 119
19. So likewise if the title be clear, though he be no party to the action.
126, 127 20. Where the court is so inveigled be- tween the informers, that it knows not for which to give judgment, neither shall have judgment. 128 21. Shall judge the unreasonableness of a copyhold fine, upon the circumstances of a fact agreed in pleading, or by jury. 135, 174
ADMIRALTY, THEIR JURISDICTION. See Admiralty.
COMMON PLEAS. See Common Pleas.
CINQUE PORTS. See Cinque Ports.
ECCLESIASTICAL. See Ecclesiastical Courts.
EXCHEQUER. See Exchequer.
EXCHEQUER CHAMBER. See Exchequer Chamber.
HIGH COMMISSION. See High Commission.
KING'S BENCH. See King's Bench.
86 6. For the parishioners to pay their tithes truly, without the view of the parson, not good. 7. Of a parish to take fees for the burial of a dead person, though carried through and buried elsewhere, not good. 175 8. To have suit to a mill for all corn spent and sold, void. 9. That an infant may make a feoffment, where it shall be good, where not. 225. 10. To have all the lambs of the parish reckoned together as one man's, void. 329 11. The form how to apply the custom of a manor to a particular messuage, in pleading. 12. If a man and his wife pass the wife's land in London, and she be examined, this binds her by the city custom. 225 13. To bind feme covert by deed enrolled, without examination, were void.
3. Not recoverable in a quare impedit, or a warrantia chartæ quia timet. 4. May be laid in the declaration, though not recoverable.
5. Recovered by executors, where they 38 6. Where one shall recover damages for a thing that is not in esse, with relation to the value of it when it was in esse. 43
7. If a trespass be brought against three, who sever in pleas and issues, yet one jury shall assess damages for all. 66 8. That defendant which is not party to the issue, may have an attaint, as to the damages. Ibid. 9. Writ of inquiry of damages directed to the sheriff cannot be executed by the bailiff of a liberty. 83 10. Where they are well enough assessed in an assumpsit, though assessed occasione detentionis debiti, and not non performationis. 89 11. Where recoverable in a writ of ravishment de gard, though the statute gives them not.
68, 69 In debt for rent, the declaration must assign a place where the lease was made.
82 It is no plea for the lessee to say the land was extended before the rent day, if the liberate were executed after. Ib. The declaration may be for several duties, as rent, and nomine pœnæ. ib. Where the action shall be abated by variance between the declaration and the obligation, where not.
9. In debt upon an obligation of ten pounds recited to be for rent, entry and suspension, is no plea, because it only answers a recital in the condition, which is not material, and not the condition itself.
130 10. Where the action of debt, brought upon a recognisance or judgment, must be laid. 4, 194, 196 11. In debt for ten pounds, the declaration may be of several bonds. 178 12. In debt against baron and feme, the declaration may not be of several contracts, one dum sola fuit, another on insimul computaverunt. 184 13. What shall be a sufficient contract in law to maintain an action of debt. 206 Vide. Sheriff.
14. Quare, If an action of debt may not be had against an executor, as a principal debtor, and declare of devastavit by him.
12. If a feme covert be acquitted to appeal, 206 quare, if she shall have them against 15. Where and for what duties it will lie. the abettors; for a monk shall not. 98 ib. 13. Where the first disseisor and feoffee 16. It will lie in many cases, where an was and is chargeable with the whole account may lie too. damages, and where not. Ibid. 14. Where they are given entire upon non culp. pleaded, and by law none can be given for part, yet it shall not be understood that they are given according to law, and why. 189
306 17. If the defendant pleads uncor. prist., the plaintiff may accept the money, or if he pleads riens entermaines, he may have a present judgment; but if he join issue upon the tender and assets, he is in danger of a final bar. 199 18. Where it will lie upon a promise. 216 19. Where against the executors, upon contract of the testator.
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