8. If baron and feme be tenants in special tail, and the baron only levy a fine to the use of himself and his wife for life, though the entail be barred as to the baron and the issues, yet the wife is re- mitted to the estate tail, as she should have been by an entry after her hus- band's death, and the remainders, which were depending upon that estate tail, are likewise remitted. 257, 259 9. If baron and feme be tenants in tail special, and the baron only levy a fine to the use of himself and his wife for life, if the wife die, living the baron, now those remainders, which were re- mitted by the wife's remitter, are by her death turned to rights again, as they should still have been, if the wife had not been remitted, or had survived her husband, and die before any reentry, where no estate was limited to her. 260 10. Where the husband and wife were remitted at common law, notwithstand- ing the fine of the baron; and where they shall be both remitted against the husband's fine at this day, and upon what differences. 260, 261 11. Where the remitter of the heir by his entry shall be but temporary, and de- feasible by office found. 347
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writ of annuity may be brought, and then the rent in fee is turned into an annuity for life. 58
11. The rent is not suspended by an ex- tent made of the land before the rent day, if the liberate were executed after. 12. The rent must be reserved to the heir of, or heirs of, the lessor, by that name. 130 13. The rent may be reserved to the heirs, without naming the ancestor. lb.
14. If the father and son join in a lease, rendering rent to the son, this is not good, though by event the same fall out to be heir. 130, 151 15. A rent reserved to the heirs, omitting the ancestor, is so far in the ancestor that though he cannot demand it, he may release it.
130 16. A rent reserved to the lessor and a stranger, is void to the stranger and lessor too.
Ib. 17. A rent shall be divided in halves, ac- cording to the halves of the reversion. 177
18. A rent may be assigned for dower out of the land dowable, without deed.
153 19. A rent reserved at our Lady and Michaelmas, upon a lease in April, doth not diminish.
20. A rent-service, though not demanded at the day, may be distrained for with- out a personal demand; secus, of a rent- seck or rent-service, tendered at the day to the person of the lord; and beasts escaped may be distrained for rent, though freshly pursued ; quære, whether, if the tenant ought to maintain the fence. 207, 265
REPLEADER. See Jeofailes.
190 1. Where it shall be awarded after ver- dict, and where not. See 112, 113, per
7. When part of a rent-charge is granted by fine, the tenant is not compellable to
8. Action for arrearages is local, and must be laid where the land lies. 37 9. If the profits of a court be leased, ren- dering rent, and debt brought, it is no plea that the lessee received no profits that year, but it is a good plea that the lessor released all.
10. If a rent-charge be granted in fee 1. without saying pro se et hæredibus, this cannot charge the heir at all by way of annuity, but when the grantor lives, a
1. The rent must always be reserved to the heir or heirs of the lessor, by that 130 2. It may be reserved to the heirs first, without naming the ancestor. lb. 3. If, upon a joint lease by the father and the son and heir apparent, the reserva- tion be to the son by that name, it is not good, though by event the son fall out to be heir. 130, 151 4. If tenant in fee simple join in a lease with a stranger, reserving rent to the stranger, this is void to the stranger, and to the lessor to. 130
5. If upon a conveyance to uses, a gener- al power be reversed to limit uses to any body, this is void for the generality. 6. A rent reserved at our Lady and Michaelmas, upon a lease in April, for a
year, cannot be diminished in payment. 172
How a reservation may be said to wait upon the grant. 276
RETURN OF THE SHERIFF. See Sheriff.
Feoffment to the use of J. S. in tail, the remainder to the right heirs of the feoffor, is still a reversion in the feoffor.
So a devise in tail, the remainder to the heirs males of the devisor, is a re- version still.
30 3. Where it vests presently, though limit- ed by conditional words, si contingat,
30, 31 A. covenants to stand seised, &c. the remainder to the right heirs of B. who lives, whether the remainder in abey- ance be so transferred, that there be not left a reversion in the covenant or till the remainder fall, quære. 74 5. If a copyholder demise by license, yet he may surrender his copyhold by the name of a reversion. 177
REVOCATION.
See Power of Revocation.
1. May be of a letter of attorney, or the office of an undersheriff, though they were made irrevocable.
2. If a recovery be suffered by A. to the use of his last will, and then A. declares the uses by writing, yet those uses are revocable, quare. 348, 349
RIGHT OF ACTION. See W.2. cap. 5. 32 H. 8. 28. 34. 32 H. 8. c. Treasons and Entry.
1. Right of action shall survive as the land itself should have done. 3
2. A right of action is not forfeited by at- tainder nor escheats, nor is given by the general words of a law. 242. Secus, of a right of entry. 242, 341 A right of action which was in the person attainted, and may serve to settle the king's possession, shall be forfeited; secus, of a right of action to the lands of a stranger, 342, 343, and 348. The difference is taken between a naked right of action alone, and when an es- tate of inheritance is coupled with it; in this last case it is forfeited. 348
1. It is none of those actions, wherein a writ of error is given in the exchequer chamber. 72 2. If in a scire facias J. S. be returned terre-tenant omnibus terrarum et tene- mentorum, without showing of what in certain, it is no error.
90 3. If the sheriff return the body married, the plaintiff may have a scire facias up- on the conditional judgment, in a rav- ishment of ward. 100
4. Upon a judgment or recognisance, where it must be laid. 4, 195, 196 5. Baron and feme bring several writs of scire facias against the terre-tenants in several counties, judgment is given against some of them by default, and pending the pleas of others, and before any execution, the baron dies; quære, if all the writs abate as well against those against whom judgment was giv- en, as against those who have pleaded.
7. Cannot be restrained himself, in any part of his own power, by the king. lb. 8. Is not punishable for executing the process of court, though it were erro- 48. Vide Officer.
9. Is punishable in star chamber for out- rageous executing of a process. 62, 163 10. Cannot break open a house upon pri- vate process. 62, 263 11. Cannot upon private process rush into a house, which, by craft, as knocking at the door, &c., he procured to be opened unto him. 62
12. The sheriff of London is known by the court to be two persons, insomuch that a return by one is nought, and not holpen by statute.
70 13. The sheriff cannot return a writ of inquiry of damages directed to himself, to be executed by a bailiff of a liberty. 83 14. Where the sheriff's return is not to be regarded. Ib. 15. The Earl of Cumberland, sheriff of Westmorland. 85
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19. What shall be an escape to charge the sheriff, and what not. See Escape. 20. After the debt levied, the sheriff is debtor to the plaintiff, 206. and capable of a release from him. 207 21. If the sheriff, upon a scire facias or ca- pias received, pay the plaintiff of his own money, quare, if he may levy the money of the defendant after. 207 22. Where an action of the case will lie against the sheriff for a false return, and in what county.
209 23. Cannot break open a house to execute the king's process, without signifying that he is sheriff. 263, 264 24. Is punishable in star chamber for ne- glecting to execute a capias utlagat. af- ter judgment. 264
SIMONY. Vide 31. El. cap.
1. The nature of it is contractus ex turpi causa, et contra bonos mores. 264 2. Though the king pardon the simony, yet the presentation remains void. 167 3. If a patron contract with one for simo- ny, and present another without simony, it is not within the statute. Ib. 4. A presentation for simony, without ad- mission, is within the statute. Ib. 5. If the simonaical clerk resign, another be presented, and die, the king hath lost his turn. 197 6. Simony makes the church void between the parties and strangers, and to what strangers, to the king, and to his incum- bent, and to all claiming under them, to the parishioners, and to the ordinary, not to an usurper or to the grantee of the next avoidance, who presented by simony. 167
201 20. May punish a refusal to answer the council table in a question of state. 235 21. They may punish factions and conven- ticles, though they be upon grounds of heresy and schism.
22. May punish him who shall voluntarily speak that the sentence is good, but grounded on false witness, and why. 201 23. What examinations shall bind in the star chamber, and what not. 236 24. Cannot retain a bill exhibited for a riot, or other offence, likely to prove a felo- ny, if true. 138, 267 25. Where the star chamber may punish a breach of the king's proclamations. 251,
252 26. No man shall complain of a libel in star chamber, but the party grieved. 252 27. A libel may be punished, though the
28. Depositions which are taken in the parties' own keeping after they are made, and not suffered to remain in the office, shall be refused at hearing. 254 29. May punish the taking out of the king's process by one who is no party interested.
264 30. May punish a sheriff for neglecting to execute a cap. utlag. after judgment. lb.
31. May punish transportation of money as an offence against the common law.
270 32. Where the serving of one defendant to hear judgment shall serve for all, and where not. lb.
33. Where the bill shall be accounted as one bill, and where as several bills, though but one writing. lb. 34. The rejoinder is without oath, and therefore it is against the course to al- lege in the rejoinder any new matter which may tend to bar the suit. 271 35. Where the bill exhibited for forgery fails by adding of somewhat which is not in the writing forged. 36. The party himself, his servant, son, or kinsman cannot be punished for mere soliciting the jury to appear; secus, if any of the jury be solicted not to appear.
4. If the king make a second lease for life, to the wife, or to the husband and wife, in consideration of a former lease for life to her, surrendered by her and her husband, the second lease is void. .203, 204
5. A conditional surrender is no good con- sideration of a second lease from the king, nor will warrant a new lease within the statute of 32 H. 8. 204
1. Of a personal action doth extinguish it. Of rent by entry of the lessor.
39. Viz. Upon a special bill, not upon a general bill for perjury. 324 40. What causes be originally, and in their own nature proper for the court, and what not. 325, 326 2. 41. Cannot proceed against witnesses for 3. perjury in a common law court pendente lite. 324, 325, 326 42. May either absolutely dismiss the 4. cause, or reserve the crime after the civil part is ended. 325, 326 43. May leave the sentence with a non li- quet, where juries must of necessity give a verdict.
10 8 Of rent by entry into that which passed not by particular, but only by general words.
3. The extent of a statute changes not the possessions till liberate executed. 82 4. If the conusor release a rent which he hath, yet the conusce may extend it. 165
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