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A second Protection allowed on a
subsequent day when there was a
variance between the Protection
first produced and an aid-prayer,

Form of, 268.


The writ for the King claiming to

present in right of one whose land
is seized into his hand is in general

form, 12-14, 144-146.
Where a Priory was of the foundation

of the ancestor of a subject who
and whose ancestors had always
had the presentations appendant to
the Priory when it was vacant, and
the subject had conveyed all his
lands, advowsons, &c. to the King
in fee, it was not denied that the
King had the right to present when
a church became vacant during the

vacancy of the Priory, 70.
The statute 14 Ed. III., stat. 4, c. 2,

was not retrospective, and did not
apply to presentations made or writs
of Quare impedit brought previously

thereto, 122, 138-142.
Defendant compelled to answer, not-

withstanding a writ from the King
to the Justices, and although the
King was plaintiff, 140.
Quare impedit in respect of an arch-

deaconry, 174.
Scire facias upon judgment in Quare

impedit, 174-176.
Claim of advowson for the Ring, on

the ground that it had been aliened
in mortmain without license, 334-



If in a Præcipe quod reddat the tenant

traverse the ground of action, and
one claiming to have the reversion
expectant on the determination of
the tenant's term for life pray to be
admitted to defend his right, he
cannot be so admitted (even though
there be reason to suspect collusion
between demandant and tenant)
because his case is not within 13

Edw. I. (Westm. 2), c. 3, 106-110.
Upon a writ of Entry sur disseisin, in

which it was alleged that the tenant
disseised the demandant's ancestor,
a man and his wife were admitted,
after the tenant's default, to defend
their right, though their allegation
was (contrary to the form of the
writ) that the tenant held for term

of life by lease from the wife, 158.
If A. bring an action of Waste against

B., who makes default, and C.
prays to be admitted to defend his
right on the ground that the estate
is to B. and C. and the heirs of C.,
he cannot be admitted, because a
recovery in the action of Waste
would be a disseisin to him, and he
would have his remedy in another

way, 178, 180.
Tenant by the curtesy of England

having departed in contempt of
Court, the wife's heir was admitted

to defend his right, 230.
In a Præcipe quod reddat against two

persons, when one made default, an
alleged reversioner prayed to be
admitted, and subsequently another
alleged rerersioner, and it was held
that both must be answered, and
that' however many might pray to


| RENT-cont.
be admitted, each for a separate Title to rent charge is not good without
cause, they must all be answered,

deed, 214.
and that it was not necessary to If one become tenant of land by
give a decision with regard to one

Elegit, after execution sued upon
prayer for admission before hearing

a recognisance, and the original
another, 242-254.

freeholder has granted a rent charge
Demandant counterpleaded a rever-

on the same land on a day subse-
sioner's prayer to be admitted, on

quent to the making of the recog-
the ground that the reversioner had

nisance, the tenant by Elegit holds
purchased the tenements, pending

discharged, and may plead in dis-
the writ, and issue was joined as to

charge in a Replevin, 254–260.
the fact, 274.

Upon supposed reversioner's prayer

The defendant avowed for homage
to be admitted, as son and heir of

and rent in arrear in respect of 29
one entitled to the reversion, it was

acres of land. The plaintiff alleged
alleged that he had an elder brother

that he held by services other than
living. Issue was joined as to

those stated in the avowry 84 acres
whether he had an elder brother

of the defendant, and that of these
living who was the son of his

84 acres 16 were held in service

and 68 in demesne, and that the
father, 332-334,

place of taking was parcel of the

84 as one entire tenancy (or, as

appears in the record, as parcel of

the 68 acres). Issue was joined on

the replication that the plaintiff
Entry upon, 78, 164.

held of the avowant the 29 acres
Feoffment of, 110-112, 164.

of land, of which the place of
In assise of Novel Disseisin, the plaint

taking was parcel, severally and
must contain the words “with the

by the services stated in the avowry,
appurtenances” where rent service

is in question, but it is immaterial

Avowry for rent because tenant for
whether the plaint do or do not

life of the rent aliened it in fee,
contain those words where rent

whereupon the avowant who was
charge is in question, 182.

reversioner entered upon the rent,
If tenant for life, or tenant by the

and he avowed for arrears. The
curtesy charge, and the reversioner

plaintiff pleaded that the alienor
afterwards confirm the rent, the

had the rent in fee. Issue was
confirmation is good, 188.

joined thereon. It was found that
If a grant of rent be made which

the alienor had the rent for life
is void in law, and rent be paid

only, whereupon the avowant had
to the grantee, and if the grantee

the Return adjudged irreplevisable,
bring assise and the grantor do not

counterplead it so as to defeat the If the action be brought against
grantee's estate, and the grantee

bailiffs, who took only on behalf
recover, the title is good as between

of their principal, they are never
the grantor and grantee. Per

theless liable for damages, 254–
Sharshulle, J., 188, 194.



A writ was brought against both

principal and bailiff, and abated as
against the principal for omission
of his addition of degree. The
bailiff made cognisance for services
in arrear, to which the plaintiff
pleaded hors de son fee, and upon
that plea issue was joined. The
bailiff then had aid of his principal,

Tenancy admitted in accordance with

avowry, and simple plea that nothing

was in arrear, 316,
Right, WRIT OF:

Where a vouchee warrants, and joins

the mise, and afterwards makes
default, judgment is given for the
demandant to recover to him and
his heirs for ever against the tenant,
quit of the tenant and of the vouchee
and of their heirs for ever, and for
the tenant to recover over to the
value against the vouchee, 104.


had been named as defendant in a
writ of assise of Novel Disseisin by
which the tenements had been
recovered, and, though acquitted of
the disseisin, was heir of the dis-
seisors, and that the fine was mesne
between the disseisin and the reco-
very. Against this was tendered
the averment that the supposed
disseisee never had anything in the
tenements. Notwithstanding the
record of the assise, issue was in
the end joined as to whether the
recoveror in assise was seised before
the fine was levied, 42-48.
Sci. fa, in the Exchequer, for the

farm of a fair assigned in dower by
the King, with judgment thereupon
for recovery of the amount with

damages, 124-132.
Aid is allowed in Sci. fa., but neither

voucher nor other delays, 76.
Aid in Sci. fa., 100-102.
Sci. fa, against executors of testator

upon recognisance in which he was

obligor, 318–320.


Question as to reservation of, under

the terms of a certain deed, 72.


If a Sheriff make livery of land in one

vill, when his warrant is to make
livery of land in another vill, he is
a disseisor, and the consent of the
parties makes no difference (per

Sharshulle, J.), 30.
Jury-process sent to the Coroner when

Sheriff is party, if the opposite party
desire it, 36.
If a Sheriff make a false return (e.g.

that a vouchee has been summoned
when in fact the vouchee has long
been dead) the Court of Common
Pleas will proceed in accordance


In the King's Bench there may be a

Scire facias for execution upon
judgment in assise of Novel Dis-
seisin, after removal into that Court
from the country, though only forty
days have elapsed since the assise

passed, 152.
Sci. fa. upon judgment for the King

in Quare impedit. The King's
charter revoking his presentation
was produced on behalf of the de-
fendant, but, as there was no writ
to stay proceedings, the Court did
not notice the charter, and adjudged
execution for the King, 174-176.
Sci. fa. upon a fine. It was pleaded

that the plaintiff in the Scire facias


with the return, and the party

directing the Sheriff to make no
aggrieved must seek his remedy be-

execution or delivery to C., until a
fore Justices of Assise, 82.

writ at B.'s suit had been served, 62.
Duties of Sheriff, in relation to exe Where execution has been awarded,
cution for damages in assise of

and the obligor then produces in
Novel Disseisin, under Stat. Glouc.

Chancery the obligee's deed of re-
(6 Ed. 1), c. 1, 154.

lease, and has thereupon a writ (of
A Sheriff' may be amerced if to a writ

Audita Querela] to the Justices,
of enquiry of Waste he make a

and writs issue to hold the obligor
return which is imperfect, e.g. if he

to mainprise and to warn the obligee
return only as to waste in houses to show cause, and the obligor does
and gardens, when waste was

not pursue his writ, the obligor and
assigned also in lands and woods,

his main pernors shall be taken, but

only if it is clear that the default is
If, in execution upon Statute Merchant,

not that of the Sheriff, 82-84.
the Sheriff do not make livery of One of three obligors who had been
the lands which have been extended,

imprisoned at the suit of the obligee
he is amerced and commanded to

sued an Audita Querela, alleging a
make livery, 238.

release by the obligee. At the
If to a Fi. fa. a Sheriff return that he

hearing he produced two acquit-
has levied so much, but does not

tances, one special, the other general.
dare to send it for fear of robbery,

He was compelled to hold to one
he shall be amerced for not having

only, and held to the general acquit-
the money ready, 238.

tance which was denied and upon
If a Sheriff make a false return, a writ

which issue was joined. He had to
issues to the Coroner to cause him

find surety for the amount and to
to come and answer thereto, 238.

abide the finding of the jury, 204-
If a Sheriff, upon presentment in his

Turn, amerce and distrain any one A Sheriff is amerced for not making
for non-repair of a bridge, and upon

livery of lands which had been
a writ of Error in the King's Bench

extended in execution on Statute
it be found that the two sides of the

Merchant, and he is commanded to
bridge were within liberties, where

make the livery, 238.
the Sheriff had no jurisdiction, he STATUTES CITED :
has committed a trespass, and the 9 Hen. III. (Magna Charta), c. 36,
presentment shall be quashed, the

amercements returned, and the She 52 Hen. III. (Stat. Marlb.), c. 4, 90.
riff himself amerced, 292–308.

3 Ed. I. (Westm. 1), c. 40, 40.

6 Ed. I. (Stat. Glouc.), c. 1, 154.

7 Ed. I. (De Religiosis), 334.

13 Ed. I. (Westm. 2), c. 1 (de donis
A. was bound in two several recog-

conditionalibus), 10.
nisances, whereof one (to B.) was 13 Ed. I. (Westm. 2), c. 3, 108, 110.
of earlier date than the other (to 13 Ed. I. (Westm. 2), c. 11, 10.
C.), and C. sued under the Statute 13 Ed. I. (Westm. 2), c. 31, 54.
and had award of execution. B. 13 Ed. I. (Westm. 2), c. 39, 82, 160.
prayed and had a Supersedeas 13 Ed. I., St. 3, 82.


23 Ed. I. Stat. 3 (Artic. sup. chart.),

c. 16, 82.
12 Ed. II., Stat. 1 (Statute of York),

c. 5, 82.
1 Ed. III., St. 2, c. 12, 12, 144.
14 Ed. III., c. 17, 210, 218.
14 Ed. III., Stat. 4, c. 2, 122, 138,


The Statute 14 Edward III., Stat. 4,

c. 2, as to presentation to a church
by the King in another's right, was
not retrospective, and did not apply
to presentations made or writs of
Quare impedit brought previously

thereto, 122.

By production in Court under the

Great Seal, 138, note 1.

When a woman takes a husband she

loses every surname except that of
“ wife of” her husband, 322.


respect of his temporalities in the
vill in which the taking was. Re-
plication of Prior that the defendant
took of his own wrong, absque hoc
that the Prior had anything in the
said vill taxable among the laity, or
was assessed at any sum, and issue

thereon, 86-88.
Action of Trespass for taking beasts,

and driving them into another
county and there detaining them.
Justification on the ground of dis-
tress for services due for land held
as of an honour which extended
into several counties, the beasts
having been driven to the capitale
manerium” of the honour, and there
impounded. It was not disputed
that this might be legally done for
the cause thus stated, and issue was
joined as to whether the taking was
against the peace and not for the

cause supposed, 88–92.
Action of Trespass against bailiffs of

court of Ancient Demesne for con-
tinuing to hold a plea until the
plaintiff in Trespass was ousted from
his land after the cause had been
removed into the Common Bench.
The plaintiff in Trespass recovered
damages, notwithstanding the fact
that he might have had a remedy
by assise of Novel Disseiein, 230-

A Bill of Trespass was brought in the

King's Bench by a Justice of that
Court for insulting words addressed
to him, in contempt, in the presence
of other Justices, when he was about

to enter the Court, 324–326.
Record of the case last above men-

tioned, 326–331.
Writ of, 80.


A presentment at the Turn is quashed,

upon writ of Error in the King's


Letters or writs under the seal so

called, 102.

Distress for. See Trespass.

If a demand be for a toft, and it be

alleged in abatement of the writ
that the place is a fish-pond where
was formerly the site of a mill, or
is a dry pond, the exception is of
no avail, and the description is

sufficiently good, 234-238.

Action of Trespass for taking the

borse of a Prior against the peace.
Justification by defendant as deputy
collector, on the ground of distress
for tax granted to the King in Par-
liament, the Prior being assessed in

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