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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.


Quarr Impedit:

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 alwavs
had the presentations appendant to
the Priory when it was vacant, and
the subject had conveyed all his
lands, advowsons, &e. to the King
in fee, it was not denied that the
King had the right to present when
u 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 King, on
the ground that it had been aliened
in mortmain without license, 334-

See Pleading; Scntk Pacias.


Rationabiubus Divisis, 232.

If in a Praecipe quod rcddat the tenant
traverse the ground of action, and
oue 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. (VVestm. 2), c. S, 106-110.
Upon a writ of Entry sur disseisin, in
which itwas 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 Pracipe quod rcddat against two
persons, when one made default, an
alleged reversioner prayed to bo
admitted, and subsequently another
alleged reversioner, and it was held
that both must be answered, and
that'however many might pray to


be admitted, each for u separate
cause, they must all be answered,
and that it was not necessary to
give a decision with regard to one
prayer for admission before hearing
another, 242-254.
Demandant counterpleaded a rever-
sioner's prayer to be admitted, on
the ground that the reversioner had
purchased the tenements, pending
the writ, and issue was joined as to
the fact, 274.
Upon supposed reversioner's prayer
to be admitted, as son and heir of
one entitled to the reversion, it was
alleged that he had an elder brother
living. Issue was joined as to
whether he had an elder brother
living who was the son of his
father, 332-334.

Recognisance. See Statute Mer-

Removal Op Causes, 2 10-232.


Entry upon, 78, 164.

Feoffment of, 110-112, 164.

In assise of Novel Disseisin, the plaint
must contain the words "with the
appurtenances" where rent service
is in question, but it is immaterial
whether the plaint do or do not
contain those words where rent
charge is in question, 182.

If tenant for life, or tenant by the
curtesy charge, and the reversioner
afterwards confirm the rent, the
confirmation is good, 188.

If a grant of rent be made which
is void in law, and rent be paid
to the grantee, and if the grantee
bring assise and the grantor do not
counterplead it so as to defeat the
grautee's estate, and the grantee
recover, the title is good as between
the grantor and grantee. Per
Sharshulle, J., 188, 194.


Title to rent charge is not gi>o& without

deed, 214.
If one become tenant of land by
Elegit, after execution Bued upon
a recognisance, and the original
freeholder has granted a rent charge
on the same land on a day subse-
quent to the making of the recog-
nisance, the tenant by Elegit holds
discharged, and may plead in dis-
charge in a Replevin, 254-260.


The defendant avowed for homage
and rent in arrear in respect of 29
aeres of land. The plaintiff alleged
that he held by services other than
those stated in the avowry 84 aeres
of the defendant, and that of these
84 aeres 16 were held in service
and 68 in demesne, and that the
place of taking was parcel of the
84 as one entire tenancy (or, as
appears in the record, as parcel of
the 68 aeres). Issue was joined on
the replication that the plaintiff
held of the avowant the 29 aeres
of land, of which the place of
taking was parcel, severally and
by the services stated in the avowry,

Avowry for rent because tenant for
life of the rent aliened it in fee,
whereupon the avowant who was
reversioner entered upon the rent,
and he avowed for arrears. The
plaintiff pleaded that the alienor
had the rent in fee. Issue was
joined thereon. It was found that
the alienor had the rent for life
only, whereupon the avowant had
the Return adjudged irreplevisable,

If the action be brought against
bailiffs, who took only on behalf
of their principal, they are never
theless liable for damages, 254-


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 Op:

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.


Scire Pacias:

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.

Set. 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.

Set. fa. upon a fine. It was pleaded
that the plaintiff in the Scire facias

Scike Paciascunt.

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.

Set. fa. in the Exchequer, for the
farm ot 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.

See Abatement Op Writs.

Question as to reservation of, under
the terms of a certain deed, 72.

See Mesne.
Service Rotai., 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

with the return, and the party
aggrieved must seek his remedy be-
fore Justices of Assise, 82.
Duties of Sheriff, in relation to exe-
cution for damages in assise of
Novel Disseisin, under Stat Glouc.
(6 Ed. 1), c. 1, 154.
A Sheriff may be amerced if to a writ
of enquiry of Waste he make a
return which is imperfect, e.g. if he
return only as to waste in houses
und gardens, when waste was
assigned also in lands and woods,

If, in execution upon Statute Merehant,
the Sheriff do not make livery of
the lands which have been extended,
he is amerced and commanded to
make livery, 238.
If to a Ft. fa. a Sheriff return that he
has levied so much, but does not
dare to send it for fenr of robbery,
he shall be amerced for not having
the money ready, 238.
If a Sheriff make a false return, a writ
issues to the Coroner to cause him
to come and answer thereto, 238.
If a Sheriff, upon presentment in his
Turn, amerce and distrain any one
for non-repair of a bridge, and upon
H writ of Error in the King's Bench
it be found that the two sides of the
bridge were within liberties, where
the Sheriff had no jurisdiction, he
has committed a trespass, and the
presentment shall be quashed, the
amercements returned, and the She-
riff himself amerced, 292-308.
Sine Assensu Capituxi. See Entry.
Sine Assen6u Fratrcm. See Entry.
Statdte Merchant:

A. was bound in two several recog-
nisances, whereof one (to B.) was
of earlier date than the other (to
C), and C. sued under the Statute
and had award of execution. B.
prayed and had a Supersedeas

Statute Merchantcont.

directing the Sheriff to make no
execution or delivery to C, until a
writ at B.'s suit had been served, 62.
Where execution has been awarded,
and the obligor then produces in
Chancery the obligee's deed of re-
lease, and has thereupon a writ [of
Audita Querela] to the Justices,
and writs issue to hold the obligor
to mainprise and to warn the obligee
to show cause, and the obligor does
not pursue his writ, the obligor and
his mainpernors shall be taken, but
only if it is clear that the default is
not that of the Sheriff, 82-84.
One of three obligors who had been
imprisoned at the suit of the obligee
sued an Audita Querela, alleging a
release by the obligee. At the
hearing he produced two acquit-
tances, one special, the other general.
He was compelled to hold to one
only, and held to the general acquit-
tance which was denied and upon
which issue was joined. He had to
find surety for the amount and to
abide the finding of the jury, 204-

A Sheriff is amerced for not making
livery of lands which had been
extended in execution on Statute
Merchant, and he is commanded to
make the livery, 238.
Statutes Cited:

9 Hen. HI. {Magna Charta}, c. 36,

52 Hen. III. (Stat. Marlb.), e. 4, 90.
3 Ed. I. (Westm. 1), c. 40, 40.

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

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

13 Ed. I. (Westm. 2), c. 1 {de donis

conditionaiibus), 10.
13 Ed. I. (Westm. 2), c. 8, 108, 110.
13 Ed. I. (Westm. 2), c. 11, 10.
13 Ed. I. < Westm. 2), c. 31, 54.
13 Ed. I. (Westm. 2), c. 89, 82, 160.
18 Ed. I., St. 8, 82.

Statutes Cited— emit.

23 Ed. I. Stat. 3 {Artie, 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,


Statutes, Construction Op:

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.

Statutes, Proop Op:

By production in Court under the
(ireat Seal, 138, note 1.


When a woman takes a husband she
loses every surname except that of
"wife of" her husband, 322.



Letters or writs under the seal so
called, 102.

Distress for. See Trespass.

If a demand be for a tofi, 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
horse 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


respect of his temporalities in tho
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 " eapitale
mnnerium " 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 Disseisin, 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.

See Abatement Op Writs.
Turn, The Sheripp's:

A presentment at the Turn is quashed,
upon writ of Error in the King's

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