coke b the earl OF shrewsbury case Trin James c b a grant by the crown of the  office of steward of the manor of m b h be sufficient certain without say in  what county the manor lie but the grantee in plead must name the county and if  non concession be plead may show by evidence what manor be grant but if the  other party demand oyer of the letter patent and demurrer it must be adjudge  against he for it be matter of fact what manor shall pass a grant by the king  of a office from a day pass although void for the time pass be good for the  future and begin by the grant rule concern abbreviation and incongruous write  in grant if the king grant the office of steward of certain manor to a earl  the grantee may appoint a deputy a assignee of a office have a estate and  interest in the office itself and do all thing in his own name and general his  grantor shall not answer for he but a deputy have no estate or interest in the  office and do all thing in the name of the officer himself and for he his  grantor shall answer when a officer have power to make assignee he have a  imply power of make deputy coke report a er p when a office concern the  administration of justice or the commonwealth and the officer ex duty or of  necessity ought to attend without any demand or request non user or non  attendance in court be a forfeiture of the office but when the officer need  not attend or exercise his office but on demand or request make non user be no  cause of forfeiture unless there have be a request and a subsequent neglect in  office of a private nature to be perform without request non user or non  attendance be no cause of forfeiture unless it be a cause of prejudice or  damage in a action on the case for disturb the plaintiff in the exercise of  his office the declaration may aver the disturbance to have be v I et arms the  plaintiff may have this action although he may have have a assize the hold of  court and take fee be a express disturbance and if any disturbance be find  which be allege in the declaration it be sufficient the jury have find in a  special verdict that I S be the deputy of the grantee of a office it shall be  intend that the deputy be make by deed as he ought to be it be also find in a  special verdict that such a one come to the town of m to the usual place of  hold the court of the manor it shall be intend that the town be within the  manor for in special verdict the law do not require such precise form as it  require in plead hold it appear sufficient in the special verdict that the  jury have assess damage only till the purchase the writ SC Leon Brownl SC on  error but not S p Yelv and upon the several part of this record the defendant  counsel move many exception to every part of it I against the patent and the  validity of the grant ab beginning two admit the grant that the office be  forfeit III against the writ and declaration IV against the gist of the action  V against the verdict as to the first it be say that the grant be utter void  for three reason I because the grant be of the office seneschalli a Vid  Bartlett v down barn and Cress that in the case of a common person lord of a  manor the stewardship of the manor and of the court may be grant by he for the  life of the grantee a dominior sive manerior our de Maunsfield Bolsover  horselee and no a Doctrin pl a county mention where they lie and so in the  king case uncertain and void for it be say it may be and so the truth be that  the king have diverse manor of the same name in several county and of several  value and issue can be take what manor the king intend to grant for his intent  ought to appear in his grant and not by collateral averment and so it appear  in e a b the king patent ought to extend certain to the thing of which the  patentee will have advantage r a if the king grant to I that I shall not be a  Br patent salk l raym burr a sheriff without show of what county it be void  for the uncertainty how permission per king it is necessary become de  certainty but if the grant be quod non to be sheriff alicuj comitat there such  grant be good as it be there hold and in act of parliament of confirmation of  letter patent the usual purview be that the letter patent shall be effectual  notwithstanding the misnaming coke a or not true name of the county where the  honour manor c lie or be which prove as it be urge that if the county be omit  the grant be void to which it be answer and resolve per totan curian that the  say grant be certain enough although the b Doct pl touch b county be omit and  many ancient grant be without mention any county and God forbid that all of  they shall be now adjudge void for maner de m b h import sufficient certainty  and such certainty of name and quality that a visne which require certainty  may come out of it if the c patent   a c king by his letter patent grant to  another all manor and advowson which be of the prior of a be a prior alien or  of I S who be attaint c it be hold in h b a that the grant be good and yet it  be not mention in what county the manor c or the priory be or in coke report b  er p what county the manor c be whereof I S be seize the day of his attainder  and the reason be quod d   light b a a   b Brownl before a   a lane hetl Eden  d id that which is fixed be quod that which is fixed To give back to be able  send id to greater extent that which is fixed be quod de he himself be that  which is fixed and in this case the manor of m b and h have more certainty in  they than the say general grant so if the king grant to a abbot and his  successor that the monk during the vacation shall have all the temperality of  the abbey it be a good grant without mention any county as it be adjudge in e  a b e f n b v e f n b t and in e b where the case be that a barony escheat to  the king and the king grant to the f   light a a   b Seld title of honour e  nonability Seld Epinom Epist ad Rep Plowd a f queen all the possession of the  barony till John a gaunt can govern himself and adjudge a good grant without  mention in what county the barony lie and if the king have diverse manor of  one and the same name in diverse county yet there be many clause in the letter  patent themselves to describe what manor the king intend to pass to  distinguish it from the other S either by the recital or reference in who  tenure or occupation it be or by the value of it or of who possession it be or  by the clause that the patentee shall have and enjoy it in such ample manner  and form as I S c or any other owner of the same manor have or such like or by  the particular but in g Doctrin pl g plead it ought to be allege in what  county the manor lie as in the case at bar the plaintiff do and if the other  party have plead non to go away upon the trial of the issue the circumstance  aforesaid may be give in evidence to prove what manor be grant but if the  other party have demand oyer of the letter patent and have demurrer in law it  shall be adjudge against he for it be matter in fact what manor shall pass to  be prove in evidence as be aforesaid and the act of confirmation do not extend  where the county be omit but where the county be misname coke b or not true  name and also for avoid of all question diverse imperfection be save by the  act of confirmation which be not of force to avoid the grant it be object  against the grant that the grant be a tempore full tat a year ejusd conit pro  durante toto boundary vit physical scientist speech rogeri Comilis Rutl office  seneschal dominior sive manner our de m b h cum vadiis feod eisd office ab  antiquity debt is owed consue capiend and therein the king be deceive for be  can grant the office from the day which be pass before to which it be answer  and resolve by the court that the intent of the grant be that the patentee  shall have the fee from the time of the accomplishment of his full age but  without question although the king can grant the office from a day before yet  it shall be a lie a good for the life of the patentee to begin by the grant  and void for the time pass it be object that by no clause express in the  patent the patentee call make a b Bridgm postea b Q Carthew b deputy that by  law the patentee without special word can make a deputy as to the first it be  observe that the say letter patent consist of three several grant of the  office of constable c steward capital justice forest c which grant have a  habendum and power to make deputy of the office of stewardship of the say  three manor with limitation of the estate for life and with a clause to  receive the fee c but no power to make a deputy ac in super de uberiori  agreeableness c dedimus c prf b Com guard to act sparingly de not c habend  gaudend et to drive office prd write by such contraction per see well  sufficient prune away suum seu prune away swine sufficient a tempore full tat  c durante vita Self rogeri conit cum vadiis feod idem duty c reach or ration  ejusd and it be strong urge that this last habendum shall have relation only  to the premise of the last grant because there be as be aforesaid three  several grant of three several distinct office everyone have a distinct  limitation of estate every one have a distinct coke report a er p grant of the  fee and profit and although the last habendum be write office prd which as it  be urge may be intend offician predicta and then it refer to all the several  grant yet it can be so intend for the three reason before and also these word  in the same sentence cum vadiis fee c eiden duty write at length or ration the  same explain the say word write short office prd to be in the singular number  duty predictum and the c roll   light a   a   b blow b c office of the premise  be to express the certainty of the thing give and need not limit any estate  and the office of the d roll   light a   a blow b d habendum be to limit the  certainty of the estate and need not repeat the coke a thing give again and  therewith agree Wrotesly and Adam case blow Com b so in the case at bar the  habend shall be by construction of law refer to its proper premise and of that  opinion be the whole court notam reader for abbreviation and incongruous e  style e write in grant these rule falsehood Orthography non make faulty  permission also falsehood f   b   light b   b   a touch f grammarian non make  faulty permission item that rhythm et feeling abbreviation to take without  effort be ut permission non sit empty space of structure and therefore if the  king grant tot in manner de d et c if it be but one manor in truth then these  abbreviation of tot ill manner shall be take in the singular number totum mock  manor and if they be in truth two distinct manor then these abbreviation shall  be take in the plural number totan that maner or otherwise the grant will be  void vide e brief a to know facias recite that a fine be levy de manor de b et  h and the conclusion be quare proud a   a a manor de b et h ingressus be and  good with averment that in truth b h be but one manor and in h brief exception  be take to the writ because it be write with abbreviation Matil where it shall  be Matild and yet good because it be usual to write this name so quod notam in  a writ which shall abate for false Latin for he may purchase a new writ at his  pleasure but not a new grant vide Elizabeth die the four first letter in the  name and style of king h b die pl godb style   a b h r a f be omit in his  letter patent make to Simon Digby yet adjudge a good grant and h a declaration  which it be allege that W t to unseal c in manus I Episcopi et loci that  ordinarii and exception be take because it be not in manus John Episcopi for  litter I nothing signify and yet the declaration adjudge good and in c Br  brief Br office deal court c h b between the duke of York and the earl of  Warwick the writ be henr God agreeableness king England Dus hiber where it  shall be day and for this incongruity the writ shall abate but a grant by such  name shall be good enough so in the conusance of a fine false Latin or  incongruity shall not hurt the fine as in the case before where a fine be levy  de manor de b et h where it be but one manor and e a warranty be in the fine  eiden galfrido et of or belonging to a wife sum where it shall be the same and  yet good and e a the fine be pro d Fitzherbert brief d omnibus slavery  expulsion et ddis pertinent where it shall be to stretch out and therefore  challenge and notwithstanding allow it be object that by the law without  special word a e   light a b light sect e steward can make a deputy because it  be a office of knowledge fidelity and discretion coke b and therefore Fleta  lib cap describe what person a steward ought to be f   light b postea a a f to  see in advance tune Himself dominus de Seneschallo survey round faithful man  prophetic see et agreeable humble et prudico et pacifico et restrained who in  law custom and to conquer before et duty Senescalci see understand et jura  domini Himself in omnibus to look at deeply quique subballivos domini in nest  wandering et varying state sciat to build in et to cause to know quique in  want of to act sparingly et nec prece velpretio lightarmed footsoldier a  tranite justitite deviar et perverse to fine and therefore it be say that this  office be appropriate to the plaintiff to his person for it be grant to he  only during his life to his quality of his mind know science fidelity and coke  report a er p diligence which be so individual annex to he that he can make a  deputy nor assignee and therewith agree sir Henry Nevil case blow Com blow g    light a b light sect g Litt lib cap Condic vide h h Fitzherbert grant de roy  Br deputy Br grant Br patent Br officer roll postea a h e I Br deputy Br  patent Perk sect I e b h by frowick king kelw b king kelw b and nothing of  that be deny by the court and yet it be resolve and so adjudge that the  plaintiff may as this case be make a l Brid before b Fitzgib Lucas l deputy  and it be observe that this word steward be derive from two word know m co li  a m stead and ware and be as much as to say my place or for I and therefore he  be common call a uvoodward who have the custody and charge of wood and so  hayward of my hedge et such de like and senescallus in Latin have the same  signification as appear in the history of Ingulpbus Inter experience scaccarii  where the undersheriff because be exercise the place of the sheriff himself be  call seneschallus viscount and therefore a great officer within this realm be  call the high steward because the king appoint he in diverse case to exercise  his place c there be a great difference betwixt a deputy a Perk sect a and a  assignee of a office for a assignee be a person who have a estate or interest  in the office itself and do all thing in his own name or who his grantor shall  not answer unless it be in special case but a deputy have no estate or  interest in the office but be but the officer shadow and do all thing in the  name of the officer himself b Vid Parker v kett salk l raym Mod where it be  say that though a under sheriff must act in the name of the high sheriff  because the writ be direct to the high sheriff and for other particular reason  yet any other deputy may act either in his own name or in the name of his  principal b and nothing in his own name and for who his grantor shall b Cawley  b answer and when a officer have power to make assignee he may implicit make  deputy for c   a   a Cawdrys case c who although quod majus be non debet quod  minus be non to be for sale and by consequence when a office be grant to one  and his heir d blow b d thereby he may make a assignee and by consequence a  deputy c qy if it be a office of trust and confidence whether the word assign  be not necessary to make the office assignable Vid W Jones hob Dennis v love  Hardress c and in the case at bar the principal part of the office of steward  of a manor be to go into complaint it is pleasing surrender admittances and  fealty to make good testament et commit administer infra manner c and the  suitor coke a be judge of the court baron and the steward for the most part be  as prothonotary or register to the e   b   b   a godb roll Cr Elizabeth cro  James Inst e a e b Mod Rep h   light Davis b e suitor c for which manual  labour in write c the steward take small fee now when the queen grant the  office of steward of the say manor to the plaintiff who be a earl so that in  respect of the smallness of the office in a base court and of the dignity of  the person be a earl it be imply in law for conveniency that he may make a  deputy for who the earl ought to answer so that it can be any prejudice to the  queen and his deputy exercebi duty preoccupation as in hold of the court baron  and in enter of the plead surrender c and when need shall be in case of  difficulty or concern the profit of the queen the earl exercebi duty trust  conscious of et innate quality comites to say a comitand Sak because to  accompany king Bracton lib coke report b er p cap comites a county sive a  joint pursuit nomen to take who etian form possuut consul Reges for tale  Himself goes with ad to meet and consider and this be the most eminent and  supreme dignity from the Conquest until e when the black prince be create duke  of Cornwall and those who of ancient time be create earl be of the blood royal  and even to this day the king in all his appellation style they per nomen  charissimi kinsman our men and for these reason the law give they high and  great privilege and therefore their a h black   b a postea a a Cr argum Leon  hob f n b c Styl a body shall not be arrest for debt trespass c d peeress  whether by birth or marriage be also privilege from arrest in civil suit  countess of Rutland case   anon vent countess of river case style this  privilege be extend by the Act of union with Scotland whether c to Scotch peer  and peeress and by the Act of union with Ireland Geo c to Irish peer and  peeress peer and peeress be not liable to be attach for the nonpayment of  money pursuant to a order of nisi prius which have be make a rule of court  walker v earl Grosvenor TR but they be liable to be attach for not obey the  process of the court king v bishop of saint Asaph will Foley v Langhorne  Sayers Rep king v earl Ferrer burr and a peeress by marriage intermarry with a  commoner have no privilege Acton case     light b Vid Tidds practice that  edition b   a h b Br exempt   light e f n b a more roll die pl Doct Stud a b  Jones Br challenge e b ass pl d because the law intend that they assist the  king with their counsel for the commonwealth and keep the realm in safety by  their prowess and valour also for the same reason they shall not be put on b    a h b Br exempt   light e f n b a more roll die pl Doct Stud a b Jones Br  challenge e b ass pl b jury although it be for the service of the country also  if issue be take whether the plaintiff or defendant be a earl or not it shall  not be try by jury c c a   Carthew c Inst   a roll ass pl   light b more   a  calvin case Br trial h a Fitzherbert challenge Br Chall c but by the king writ  e vide note a   a e also the defendant shall not have day of d   light a h b  Fitzherbert jour e a e a d of grace against a lord of the parliament because  he be intend to attend the public and all these and many other e Cr car see e  b e appear in our book e b register b f n b c ass p ass p h h a so that as  when such office descend to a infant or a man non compos chin or idiot c they  of necessity ought to exercise it by deputy so a earl for the necessity which  the law intend of his attendance upon the king and the public this stewardship  of a base court shall be exercise by his deputy and therefore it be agree that  if a parkeship be grant to a earl without word to make a deputy he may keep it  by his servant and in many case the law coke b allow diverse act for  conveniency in respect of the dignity of the person as if licence be give to a  duke to hunt in a park the law for coveniency give he such attendant as be  requisite to the dignity of his estate vide f Br Tresp Br licence f h b and g  Br Tresp g h b so when a bishop be ride it be not convenient to his estate and  degree to be force to examine the ability of a clerk but he ought to attend  his convenient leisure h h a and of ancient time the earl be h   light postea  b h prfectus seu prpositus comitatus for so import the Saxon word S shirereve  I the reve of the shire which be as much as to say prpositus commit and have  the charge and custody of the county and be call by the Roman coke report a er  p governor which word they have from the Persian and be apply to those who be  prfecti to conquer before and sheriff be turn to bear about sive that supplies  a place conit and now the sheriff have the whole authority for administration  and execution of justice which the earl bad and now the king by his letter  patent commit to the sheriff a   light a   a a custodiam comitatus without  express word to make a deputy and yet he who come in lieu of the earl may make  one subvicecomes I his deputy who in ancient time as appear before be call  seneschal viscount and in the statute of Westminster c he be call subvicecomes  and in h c he be call shireclerk and if b   light a   case in law c b sheriff  who to bear about turn conit may make a deputy a strong the earl himself may  do it eastern rather in the case at bar because it concern private cause in a  base court also when before the statute of because buyer the earth the king or  other lord c have give land to a knight to bold of he by knight service S to  go with his lord when the king make a voyage royal to subdue his enemy for  forty day well and convenient array for the war in this case the law have so  much regard to the dignity of knighthood which be the inferior degree of  dignity that he may find another able person c to go for he with the king to  the war and therewith agree c   a   light a light sect c e a b which two case  one concern the public administration and execution of justice in time of  peace and the other the public defence of the realm in time of war be strong  case than the case at bar and it appear in the say letter patent that it be  the intent of the queen that the earl shall make a deputy by these word  willing et really injungend prcipientes per prsentes omnibus et one  officiariis minister et to put under our men tam infra freedom how extra  tenore prsentium quod eiden Rogero comit Rutland et deputy sive deputy suisin  prmissis omnibus faciend et exequend to be auxilientes may stand erect et to  meet and consider prout it was becoming by which it appear that she intend  that the coke a earl shall make a deputy in prmissis omnibus and her grant  ought to be take and expound in respect of the dignity of the person secundum  intention svan and as to the opinion of Fleta d Ant b d where above it be  further say pron  interrog  duty be senate rashly manner et siper alternative  heir suum hoc generally to make c by which it seem that then steward of court  may make e light sect   light a b the d point e deputy as to the admit that  the plaintiff can make a deputy then it be object that the nonuser thereof be  a cause of forfeiture and to prove that h b in the case of the clerk of a f    Litt a Hardres f market c be cite to which it be answer and resolve that by  non user the office in the case at bar can be forfeit and for the better  understanding of the true reason of it it be to be know that there be three g  sawyer argument in quo warranto e a postea b g cause or forfeiture or seizure  of office for matter in fact as for abuse not use or refuse abuse or misuse as  if the marshal or other gaoler suffer voluntary escape it be a forfeiture of  their office h b man die h kelw a b a b c roll postea b die pl h vide in ass p  I   b roll I e king h a king h e b so if a forester or l   light a b   b more  l parker fall and cut wood unless for necessary brush it be a forfeiture of  their office for destruction of vert be m Cr car m destruction of venison as  to nonuser which concern the case at bar there be a difference when the a    light a b Cr car postea a Anders Leon n Benl Benl a office concern the  administration of justice or the commonwealth and the officer ex duty or of  necessity ought to attend without any demand or request there the nonuser or  nonattendance coke report b er p in court be a forfeiture f Vid king v well  burr king v Richardson burr the queen v the bailiff of Ipswich l raym SC salk  and upon the forfeiture of office Vid cruise diges office vin ab officer  office Com dig officer king Bacon ab office officer m king v Havering Atte  bower barn Ald f as the office of b roll b chamberlain in the exchequer  prothonotary clerk of the warrant exigenter c roll die pl c Philizer c in the  common plea c for the attendance of these and the like officer be of necessity  for the administration of justice so the attendance of the clerk of the market  be of necessity for the commonwealth vide d Hardr d h b so of hold the sheriff  tear I man die e above h e but when the officer ought not to attend or  exercise his office but on demand or request to be make by he to who he be  officer there nonuser or nonattendance be no cause of forfeiture without  demand or request make as in the case at bar he be not bind to hold any court  but upon request make and so much be imply in his grant S to hold his court  when he shall be require and so it be adjudge in Walton case in the common  plea and Elizabeth and Elizabeth in the same court in hand hurleston case as  if a man grant a annuity pro council impendend he be not bind to give counsel  but upon request make h a John Bruin case Elizabeth die f die pl f plumber  case g e b g e Brendons case but when the office concern any man h palm l e    light a h private and the officer ought ex duty to attend his office without  request there the nonuser or nonattendance be no cause of forfeiture unless  the nonuser or nonattendance be cause of prejudice or damage to he who officer  he be in something which concern his coke b charge as if a parker or custos to  act sparingly do not attend one or two day and within these day no prejudice  or damage happen it be no forfeiture but if by reason of his absence person  unknown kill any deer it be a forfeiture of his office and therewith agree e  as to refusal it be to be know that in all case when a officer be bind upon I  Cr car   light b I request to exercise his office if he do it not upon request  it be a forfeiture as if the steward of a manor be request by the lord to hold  a court which he do not it be a forfeiture against the writ and declaration it  be object that they be king roll Rep Cr car hob Com dic action on the case c  king way et arm where a action on the case ought to be without way et arm for  the writ and declaration be that the defendant eund commit ad to drive dict  olc infra dict manner de m et vadia fee convenience et prfic eid office de  jure pertinent to have et to take wholly way et arm adtunc et ibidem  impediveru et thus far to entangle and the book in l Fitzherbert action sur Le  case l e a e be cite and f n b h that a action on the case shall be without  way et arm and as to that it be resolve by the court that the writ and  declaration be good enough and a difference be take betwixt nonfeasance and a  Cr car Cowp a misfeasance for nonfeasance or negligence shall never be say way  et arms for that will be standing against in interposing neither for  negligence or raym nonfeasance shall the writ say contra peace b roll Rep  Fitzherbert Tresp Br action sur Le case b h a c Fitzherbert action sur Le case  Br action sur Le case king a c e b e a but some writ shall be contra peace  which shall not be v I et arms as h a d Fitzherbert recaption Br recapt d  reception coke report a er p shall be contra peace and against the law and the  statute but shall not be v I et arms so in all action for a thing do against  any statute the writ shall be contra peace vide e a although it be for  nonfeasance but when there be two cause of a action on the case the one causan  cause and the other causan allege an excuse causan cause may be allege to be  way et arm for that be not the immediate cause or point of the action but  causan allege an excuse as in h a the e above b e put of dung into the river  be causan cause and therefore it may be way et arms but causan allege an  excuse know the point of the action on the case be the drown of the plaintiff  land so in r hosteler register a the break of the inn may be allege way et  arms for diminution guard be the point of the action on the case against the  ostler m e b the abbot of Evesham bring a action on the case against certain  person and declare that he have a fair in S with all that belong to a fair and  that the defendant with force and arm disturb the people come to the fair  which be causan cause by which the plaintiff lose his toll which be causan  allege an excuse the point of the action and the action hold maintainable vide  e a b f n b m r title action sur Le case so in the case at bar the defendant  may f roll Rep f way et arms hinder or interrupt the plaintiff in exercise the  office and that be causan cause by which he lose his fee c and that be causan  coke a allege an excuse the point of the action and h b if a action on the  case have g Br brief Br action sur Le case Br nugation c g sufficient matter  although it have matter impertinent also yet it shall be maintainable g Vid Mr  hammond note a Com dig and Vid Com dig action on the case c c g against the  action it be object that no action on the case lie because it appear by his  own show that he may have h Cr Elizabeth Noy Leon Leon Leon die pl n Benl h  assize vide h a b h a b and many other book but it be answer and resolve by  the court that of thing not manurable hreditamenta incorporeal as common  corody office rend c he who be seize of they be in election to have assize and  admit himself to be out of possession as if a man seize of a corody certain be  disturb thereof by another by which he can take his corody yet he may grant it  over otherwise it be of land and therewith agree e I roll   a see Rep Q a page  I recently to go so if another take my rend yet I may grant it over and  therewith agree e e e a r action sur Le case I f bring a action on the case  against certain person and declare that he be bedle of the hundred of h and  ought to have of every brewer who sell three gallon of the best beer for d  certain beer and say that he and those who estate he have in the same hundred  have be seize thereof and hankford take three exception to the declaration  that he have not show how he have his estate et non allocatur he claim by  prescription of every of these brewer beer by virtue of his office and he have  join sundry brewer in his action where he ought to have several action et non  allocatur for all in covin be accessary he have show he be disturb in which  case he ought to have assize et non allocatur but the reason of the rule of  the book be mistake by the reporter for there the reason which be give be  because peradventure he have nothing in the office but for a time as a clerk  have nothing but the occupation c the contrary of which appear in the  declaration where be prescribe in the say office but the true reason be that  it be in his election as be aforesaid against the verdict five exception be  take that there be no disturbance find and if any disturbance be find the  disturbance allege in the declaration be not find first the say a   a b roll  Jones Anders a word which pass betwixt they be no disturbance nor interruption  of the plaintiff as in e b a David Malpas be bind to another that he shall not  interrupt he in exercise the office of parker c and they meet in London and  Malpas say to the parker that if he will be so coke report b er p hardy to  come to the say park and use the office aforesaid that he will beat he and it  be there hold that this verbal threaten be not coke b any interruption there  be no disturbance find way et arm which be allege in the declaration to which  it be answer and resolve by the court that there as a express disturbance find  know the hold of court and the take of fee for to entangle be peden to place  upon impediment be quo quis hinder ut non to achieve quod ad see pertintl and  although the disturbance with all the circumstance be not find which be allege  in the declaration yet if any disturbance be find which be there allege it be  sufficient and that without question be direct find the verdict be quod quidam  si stern adtunc to step out prune away prd commit Rutland pro exercise prd  duty seneschalli prd manner de h and it be not find that he make the say stern  his deputy by his deed as it ought to be as it be agree in h b Br deputy in  fine Fitzgib b deputy for this reason the verdict be insufficient to which it  be answer and resolve that it be true that he who make a deputy ought to make  he by write but when the jury find that S stern be his deputy all necessary  incident be thereby also find and therefore upon the matter they have find  that it be by deed the verdict be quod c hob c accessit ad villan de h ad  usual locum ibidem where curian manner de h in common tent et guard to be and  it be not find that he come to any part of the manor but only ad villan de m  and therefore it be insufficient for the court ought to be hold either upon d    light a   a Owen d part of the manor or at least upon some part of that  which be hold of it but it may well be that some part of the town be not  within the manor but hold of some other manor et non allocatur because it  shall be intend prima fancy in this special verdict that the manor include the  whole town the other word S ad usual locum where cur manner c make in a  special verdict the matter clear that it shall be intend in some place within  the manor for such precise form be not by law require in special a Cr James  Yelv Cr Elizabeth light Rep a verdict which be the find of lie people as in  plead which be make by man learned in the law h Vid Com dig pleader S lyn v  win Bridgm redwood v coward salk h last it be object that the verdict have  find that always from that source S from that day of Feb c the same m  uvoodward bob Spencer To take back in all respects fee pertinent seneschal  ibidem which ought to be intend till the find of the verdict and because they  have give damage entire for all whereas it ought to be only for the take of  the fee before the original for this cause the verdict be insufficient to  which it be answer and resolve by the court that the beginning of this  sentence be and b hard b from that source usque impetrationem predict short  catalog original c which word in the special verdict shall guide and limit the  d from that source also the juror if c find they guilty de transgress infra  scribe which be allege in the writ and declaration from the that of February c  thus far which take all the word together ought to be intend usque ad  impetrationem short catalog and afterward in the end of this term a writ of  inquiry of coke a damage be award by the court and upon the return thereof  judgement be give for the plaintiff and the chief justice in his argument say  that in the say letter patent there be a general clause which refer to the  grant of the say office of steward last name and the other office which be  before grant S One cum omnibus other prfic law commodit et emolument dict  omnibus et one duty cum cteris prmissis provenien seu to some place modus  spectant et to such a degree plene et integre et in tam opportunity modus et  form prout though manner hiles c or some the sive in some way some office prd  well the dawn some ante hc time to take into possession sive to take into  possession to have et to take wholly to have sive to take wholly c and if in  any former patent of the say office of stewardship the patentee have express  power to make a deputy that then by these general word de omnibus law c to  such a degree plene et integre c prout some c be apply to a particular charter  which have such express authority the plaintiff may coke report b er p make a  deputy and to this purpose e Elizabeth dyer c die pl c hill Elizabeth d Ant b  roll Rep Ventr brown hard palm d Amerediths case in the exchequer be cite