BRUERTONS case a tenant in chivalry aft capite die b his old son in ware die  without issue and upon to come a be find brother and heir of within age at  full age c sue livery and have a writ to the escheator name he only son and  heir of at yet it be a good livery it be find before the escheator there in  the that year of h upon a die claust extreqnuqn that James Manley who hold of  prince Arthur as earl of Chester in capite by knightservice die sense in fee  and that William Manley be son and heir of the say James and within age c  whereby the prince have the wardship c and the same W during his minority die  without issue wherefore a writ of to come issue there direct to the escheator  upon which it be find that James m be brother and heir of the say W and within  age c which very I m at his full age thus by writ sue out let Iqfteratoneqn  there of the prince by writ direct to the escheator there in these word S  Arthur hic greeting because James Manley sort and heir of James Manley esg who  hold of we in calcite by knightservice lath sufficient prove his age before  you c and have make fine for his homage respect c wecommand you have take the  fealty of the say James the son c that without delay the deliver to the  aforesaid James the son all the land and tenement which be of the aforesaid  James the father have retain for the dower of Eliena who be the wife of the  say James the father and make he have full seize thereof save always in all  thing our right and the right of every other person witness c and so it appear  that James the son be not make nor call brother and heir of W accord to the  inquisition upon the to come nor accord to the register fol but only son and  heir of James the father and therefore the livery sue as above be insufficient  and no possession divest thereby out of the hand of the prince but the  possession continue always in the prince and by reason of the save of the  right c and dyer then no intrusion c and then it be out of the statute which  pardon intrusion of the saint of Henry Lord or the five of the present queen g  or any other c and this be allege of the part of the queen against Bruerton  but on the other hand it be allege by Bruerton that the escheator have  sufficient warrant by the say writ to make livery to James the son who do  fealty a compound for his homage c although he be not name brother and heir to  Yillaqn as he be in fact and so find upon the to come but it be true also that  he hill Elizabeth cur ward ante b pl Davis once find that Owen bee I avd die  seize of diverse land hold of the queen as of her principality capote by  service of go to war with the say princess at the charge of the say princess  and it be adjudge by the court that this be only mesne tenure fol cur Wardor  dyer b er p be son and heir to James the father when W his elder brother be  dead without issue and also the word of the writ of devenernt in the print  register folio because a the son and heir of b decease who hold of we in chief  be late dead while within age and in our ware as we have learned we command  you that by the oath c you inquire what land and tenement by the death of the  aforesaid b the father and by reason of the minority of the heir of the  aforesaid b have come to our hand and so be in our hand and how much thereof  be hold of we in chief c and who be the next heir of the aforesaid a c and  speak only of all the land and tenement which be of the father and which by  the minority of the heir of the father come into the king hand general and for  those land the warrant above to the escheator be sufficient although he be not  make or call heir in the writ and perchance there be no other form of livery  in Chester in such case and livery although they be not perfect in form in all  point yet for that the king be bind in justice to make livery to his ware at  his full age if he sue for it to the king be favour in law j because the king  cloth not give he any thing of himself nor of his own but only render and  restore to the heir what belong to he and therefore if advowson be not mention  in the livery if they be appendant they pass from the king it be not so in his  grant c also the heir ought to be content with such form and manner as please  the prince to use in name and addition in the name of his ware and here the  prince be not deceive in the livery but do to James the son what he be bind in  law and justice to do wherefore c and admit the livery void or voidable then  the entry of the heir be a intrusion and all intrusion be full pardon by the h  c without any condition or exception which be commit before h and also by the  death of prince Arthur without dyer issue all intrusion be discharge c and at  length the rule of the court be against the lady the queen c treason commit in  Ireland by a Irish peer can be try in England Gerrarde chancellor of Ireland  move this question to the queen counsel S whether a earl or Lord of Ireland  who commit treason in Iceland by open rebellion shall be arraign and put to  his trial in England for the offence by the statute of h c h c e or Edward  andit be hold by Wray dyer and Gerrarde attorneygeneral that he can for he can  have his trial here by his peer nor by any jury of sir Thomas Wentworth earl  of Strafford and Lord lieutenant of Ireland for treason commit by he in  Ireland during his regency there be attaint in parliament here in England in  the year and he plead to the jurisdiction of parliament in England because the  fact be commit in Ireland but it be resolve and prove that the constant  practice of all age be that the parliament of England have power of judicature  for thing do in Ireland j and that the Lord Stratford be a Peer of England can  be try by the peer of Ireland and afterward he have judgement of death and be  behead at TowerEill may see saint John argument on the bill of attainder of  the say earl fol dyer a er p twelve because he be not a subject of England but  of Ireland and therefore his trial shall be there and it be say that the usage  there of attaint a peer be by parliament and not by peer