ccxxiii barn executor OF the bishop OF durham and smith case Emanuel barn  executor of barn late bishop of Durham bring debt for arrearage of rend  reserve upon a lease for year of certain i demise to smith sure i call white  clay and i call Greenbourn and it be against the executor of smith the  defendant plead as to parcel non to hold off and as to other parcel of the  arrear that in the indenture of demise there be a covenant quod si to touch  that the say lessee hinder to be quominus mine predict to rejoice to be able  that then so much of rend shall be deduct amount to the value of the i he can  not enjoy c and plead in facto quod hinder to be quo minus to rejoice to be  able mine prediction c and it be find for the plaintiff and it be move by cook  in arrest of judgement that here be not any place show where these i be so as  non constat from what place the visne shall come as if in a action as here the  plaintiff declare of a lease make of land call r in such a county the same be  not good causan how above the issue here be non to be able to dig in preceding  minera de Greenbourn by the space of year Leonard and a half from whence shall  the visne come for the trial of this not from Durham where the lease be make  for there be no nearness between the place where the lease be make and this  issue but if the issue have be that the lessor have not any thing in the i  tempore dimisstonis it may have be try where the lease be make another  exception be take because the plea be quod non to be able to dig in half and  that appear to be year and a half and the jury find quod non to be able to dig  per interval a year so much without speak of the half year and so they have  not give a full verdict as to the first exception it be say by cook if a thing  be allege in plead which be issuable and there be not lie down any place of it  although that no issue be join upon it yet because he have prevent the other  of his plea to it judgement give in such case shall be reverse and so it be  rule between Matthew and Stransham so upon the statute of usury the informer  charge the defendant for that by way of corrupt bargain he have receive so  much and do not show the place although that no issue be join upon it but they  be at issue upon another point yet if judgement in such case be give it shall  be reverse and in all action upon the case where request be necessary and the  plaintiff ought to allege it the place of the request ought to be show and he  say that this issue ought to be try where the i demise be and here no place be  allege where the i be but only in come Dunelmens and yet a visne of the city  of Durham have try this issue which ought not to be but the visne shall come  de corpore comitatus clark baron if issue be join upon take of the profit it  shall be try where the land be but non debet or to hold off where the lease be  make so ne lessa pass by cook the issue be non to be able to dig and that be  local therefore it shall be try where the i be manwood non to be able to dig  non to be able to rejoice be not local but non dig non be glad to be be local  and shall be try where the i be and here it be not show how he be hinder to  dig c and the issue be de potenia non de sharply Tanfield as to that which  cook have say that the visne in this case shall come de corpore comitatus it  be not so for such visne never shall be but where the issue be no such town  hamlet or place know Tanfield in another case the trial shall be de corpore  comitatus as in false imprisonment the defendant justify that the common voice  and fame be c there the visne shall be de corpore comitatus e and see also  Elizabeth the case of Constantine and gin which see now Leonard er p report by  the Lord cook in Dowdells case cook part and as to the defect of the verdict  upon the half year the record be not so Leonard for the record be half  striving Decimus eleven and so two halfyear make one whole year and so but  year in which the disturbance be suppose to be do and see as to the visne de  corpore comitatus e Fitzherbert visne another exception be take because the  declaration be that the lease be make at Durham in county dunelm and do not  say also in Setberg for such be the name of the county palatine but as to that  it be say every writ of execution which go into the county palatine be direct  bishop Dunelmens porter his quod debt in order viscount his c and Durham be  call Setberg in ancient time and the name of the county palatine there be  common call dunelm Setberg and their plead there be enter placita in person  justice dunelm Setberg but the same be among themselves only and all direction  from hence to they be bishop dunelm without any mention of Setberg and a  precedent be show to the court to such effect manwood levy by distress and so  nothing arrear shall be try where the lease be make I clark that be true for  by the so the plea before be waive and see h where a issue be to be try in  Lincoln c or such a town which be a franchise the venire facias shall be of  Lincoln and not de vicineto Lincoln for then the jury shall be as well of the  county adjoin as of Lincoln it self which the visne of Lincoln can do but  venire facias de suburb of Bristol be award good and if in the case at bar the  defendant have plead that the plaintiff have enter into part of the i and so  suspend his rend upon which they be at issue the some by manwood shall be try  by a jury de corpore comitatus the issue here be if the defendant may enjoy  these i secundum true thought dimisstonis predict and that be refer to the  demise which be make at Durham and therefore this issue may be well try there  and afterward at another day it be hold that all the issue be jeofails but as  to the want of the place the same be hold a material exception see the case of  i blow Com exception be take to the information because it be not lie down  there in what town or hamlet Newlands lie and it be hold the same have be a  material exception if the defendant have not demurrer upon the information in  which case no trial by jury be to be c and be say misnomer shall be try where  the writ be bring c so never administer as executor c manwood here the lease  be lie to be make at Durham in a place certain if then there be not any other  local thing lie which may draw the trial elsewhere it shall be try at Durham  where the lease be make a enfant make a lease for year render rend and  afterward reenter and avoid his lease by reason Leonard of his nonage and  title be find against he by that lease upon which he plead nonage it shall be  try where the lease be make c and afterward judgement be give for the  plaintiff Len mich Elizabeth in the exchequer