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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

82

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.

172

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

attorn.

25 2.

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.

44

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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

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name.

RESERVATION.

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

151

1.

2.

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.

REVERSION.

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.

27

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,

4.

&c.

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.

13

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

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

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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.

SEQUESTRATION.

287

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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.

neous.

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

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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.

236

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

contents be true.

253

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.

272

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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

6.

7.

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SUSPENSION.

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.

1. Is pugna civilis.

SUIT.

SURPLUSAGE.

1. Hurts not in a court.

326

10
8
Of rent by entry into that which passed
not by particular, but only by general
words.

190

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60

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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