a custom in Denbigh that a fettle covert may by surrender and examination in  court alien her land there be not abrogate by h c if husband and wife alien  her land after issue and she die the issue can enter during the life of the  husband there be a custom in the town of Denbigh in Wales that a fettle covert  with her husband may alien her land there by surrender and examination in  court there and it shall bind the wife and her heir as a fine c the wife after  issue make such alienation and die and the husband survive quaere whether this  custom be abrogate by the statute of Wales h c and if it be still whether the  issue may during the life of the husband enter by the statute of h c and by  the opinion of Wray and dyer the custom be not take away because it be  reasonable and agreeable to some custom in England for the assurance of  purchaser for the title of the act be for law and justice to be minister n  like form as this realm but gavelkind be make void express by h c j and other  sinister custom but Southcote hold the contrary but for the second point all  three agree that the issue shall not enter by the statute of during the life  of the husband Elizabeth adjudge accord but if the term be extend upon elegit  and judgement reverse for error the termor shall be restore to the same tern  and not to the value of it east James b r Bathurst curse lsee cro James dyer a  er p a copyholder prescribe that all customary tenant ejbsderr tenement  instead of eiusdeqn rnanerH have common of estovers in another manor and hold  bad copyholder in fee at the will of the lord accord to the custom of the  manor claim common of estovers to be reasonable take at all time of the year  in the wood and soil of a strange manor by this form and prescription S that  within the manor of which he be a copyholder there have be such a custom from  time out of mind that every customary tenant ejbsdem tenerne 2ti and do not  say eusdern matter c from time to the contrary whereof c have have and ought  to have common c as appurtenant to his tenement aforesaid render to the lord  of the manor aforesaid annual twopence for the verdure c and upon this a  demurrer in trespass and m the opinion of the court be against the say  prescription and judgement give accord dyer easter term queen Elizabeth pen a  bare irnpedt against the queen she present again on resignation and her clerk  be in for six month yet if the plaintiff have judgement in the action he shall  be remove a patronage be purchase of the queen in fee the church become void  by the take of a second benefice the incumbent not be sufficient qualify and  remain void for two year and upward the queen present in right of her crown by  lapse and her clerk die incumbent the purchaser present within the six month  the queen also present general and her clerk vine institute and induct against  who and the ordinary the purchaser bring quare hinder they plead in bar the  queen title as above upon which there be a demurrer in law and pen the suit  undiscussed the incumbent resign and the queen present the three time and he  be institute and induct and afterward judgement be give for the plaintiff and  he have a writ to the bishop with a commandment therein to remove the clerk  first name in the writ of bare hinder and every other incumbent whether the  last incumbent of the queen be in for six month can legal be remove or not and  by the opinion of Anderson and Windham queen sergeant and sergeant baker and  Gerrarde attorneygeneral and Bromeley solicitor he be not removable by this  judgement because he be not party or privy thereto nor to the writ but it seem  that this opinion be not law though there be twenty successive incumbent pen  the suit c John de Eunubery offer himself on the to die against the bishop of  bath in a plea wherefore Alan his official unjust induct against the custom of  the realm and hill clerk of the monk of Iteneges into the church of Eunubery  after which the same John move a plea of advowson of the aforesaid church  against the aforesaid monk and will not move it by precept of the justiciary  east et Trin king John rot the bishop ought to execute the writ ao so agree  hill James a b and afterward in error in b r upon a dare hinder by low v  Lancaster cro James upon a special writ to remove ox lib Mr mason dyer b er p  michaelmas term and queen Elizabeth the sheriff on a attachment take a bind  that defendant shall appear in the star chamber and then and there shall  answer and hold good within the statute a sheriff have a writ of attachment  returnable before the lady the queen and her Council in the starchamber at  Westminster XV pasch to answer to the say queen and her council for a certain  contempt and further to do and receive c arrest the party and take a bind from  he endorse with such a condition S that if he shall personal appear before the  queen majesty and her Council at Westminster in XV pasch and then and there  shall answer a contempt by he against the queen and her council commit that  then c whether this bind by this article S and then and there shall answer c  which seem to be a addition more than the dyer statute of h c warrant be void  or not be demurrer in law and by the opinion of dyer and Windham the bind be  good enough for it be tantamount as to say then and there to answer to a  contempt c which will have be good and by this bind no profit accrue to the  sheriff or to any other person but only to answer to the queen c which be the  intent of the statute h but mead contra and judgement give Michaelmas for the  plaintiff one in execution for the penalty of a who tarn information in b r  sue attain in a b on the writ to let he to mainprize for the purpose of  prosecute the attaint the recognizance shall be take to answer as well the  king as the party and in the copulative to render the body and satisfy the  debt and where he can not find mainpernors the court permit he to go with a  keeper to nstruct his counsel attaint bring in the common bench upon a false  verdict mich e b r rot Leon and cite in owe Gouldsb Sackfords case then and  there do answer make the bind void and as be adjudge in Sackfords case in  easter term and the reason be because the defendant may suffer judgement  against he by nothing to say or non sum inforrnatbs and to bind he to answer  be not reasonable nor within the intention of the statute h h c but if  personal be in the bind it do not make the bind void as be adjudge in arundel  and Mantrells case hill e Corbetts case b r cro Elizabeth debt on a bind to  the sheriff to appear at a certain day in b r at Westminster to answer b of a  plea the defendant say that this term be adjourn to Hertford and that at the  day he appear there and good so Elizabeth rot Lassells case in a b owe Gouldsb  east Elizabeth a b enter hill Elizabeth rot Shriven and lTnights case cro  Elizabeth bind to appear c and there to receive far as they shall award be  void also it be before the J?bStice and do not say which and of what court in  certain mich e a b Noy cro Elizabeth in debt by Gibbon v indite demurrer  thereupon because there be no personal in the statute Orig vers point de  personal dyer a er p give in b r upon a information of usury and the plaintiff  be a prisoner in the Marshalsea in execution for the penalty S as well for the  plaintiff the informer as for the lady the queen and a writ of mainprize with  sufficient surety come from the chancellor direct to the justice of a b to  enlarge the prisoner for the prosecution of his attaint and to c if log and a  writ be direct out of a b to the marshal to have the body with the cause on  such a day c and the marshal do not come upon the writ wherefore he be amereed  in the last term forty pound and now this term a new writ be award on pain of  one hundred mark direct to the marshal c who return that the prisoner be in  execution for the debt recover as well for the lady the queen as for the party  and therefore without a special precept or warrant from the court of b he can  not nor will have he in b c but yet at length he produce the body c see the  like e h rot of the removal of a prisoner of the Marshalsea into the bench who  be condemned before the steward and marshal of the king household by a writ  issue out of the common plea este Norton and he be commit to the fleet for the  same execution see for the like in fitzherbert nat short catalog fol in  attaint and in the print register fol t a and m of the present queen rot  between kempe and Rythe ante fol pl Menorandum that in the principal case  aforesaid it be much doubt whether the recognizance of the mainpernors shall  be make copulative or disjunctive S to render the body to the prison of the  lady the queen or to satisfy the sum in the condemnation notwithstanding the  copulative word in the writ and the precedent in b r since the time of  Bromeley chief justice have be disjunctive and so it be use in the second year  of the present queen in the case of kempe aforesaid also it be doubt whether  the recognizance shall be to the queen and also to the party and resolve that  it shall be to both c and in mich term in the d and d year of Philip and mary  dyer in b r rot the mainprize be a copulative S as far as appertain to the  queen and the aforesaid defendant in the attain of the sum aforesaid of the  condemnation he shall satisfy a render himself to prison and in the condition  of the recognizance be a videlicet that be to say if the plaintiff in the  attain shall fail in any point of the say copulativeq that then c bi c it be  understand that then the recognizance aforesaid shall be good and stand in  full force c and then the vidlelicet explain the copulative S if he fail in  any point c and at length it be resolve in this term by the justice that as  well for the discouragement of suitor in the attaint who be in execution by  the trial by verdict as by reason of the warrant to the justice which  comprehend a copulative the better precedent be to follow that wherefore the  plaintiff be commit to the fleet for the execution without find any mainprize  and by the leave of the court he shall be suffer with a keeper to go to his  counsel with instruction to prosecute the attain c and in next Trin term the  attain pass against the plaintiff affirm the first verdict dyer b er p