barret against CLEYDON in to know fascias upon a recognizance there must be  two nihils return so to have a charter of pardon of outlawry allow but upon a  judgement against defendant himself one nothing be sufficient though there  must be two against executor if a cognizant fa be test on a Sunday it be error  memorandum that in last term a judgement give in a in n scare facet upon a  recognizance at the suit of Barret against Cleydon be reverse in b r because  execution be award upon one vigil return when there ought to have be two vigil  and this by all the clerk of the say court and so in to know facias to have a  charter of pardon of outlawry allow but in to know facias upon a recovery of  debt or damage against the party who be party and privy to the judgement and  not against his executor or administrator one nothing suffice and there be  also another error assign S because the testae of the to know facias be upon a  Sunday which be not b there be no difference between Sunday and any other day  as to the return of a writ Henry black b die assize towns in the bench for the  testae be on the that day of November which happen upon a Sunday in this year  and then the term finish on the that day of November note for the practice in  b r if any of the error assign be hold for no error they be make void by a  mark on the roll which be a cross if the heir be in ware by reason of a tenure  of a honour or manor and not in capite he shall not sue livery but a ouster Le  main cum exit de tempore full lifetime of oneself although he never make  tender in the court of ware be a case common to several S one be in ware to  the queen by reason of the tenure of a honour or manor and not in capite and  this be find by office and after he come to full age he remain a year or more  without livery sue or tender make whether he shall have livery together with  the issue from the time when he come to full age or whether it shall be a  livery without issue be much doubt there and among the dyer b er p justice but  ouster Le main it can be as I conceive where the land be hold in any manner of  the queen except the duchy tenor of Lancaster for by the note of the precedent  in chancery of the time of h Edward r in lib de Gill and Halley the ouster Le  main be always of land hold of some other than the king for the word be these  S de tali yes manner in ball tua quod de other how de we ut to let pass  holding et quod post death ejusd I S comparison captain to be in man Nostra si  she occasion et non all in manu our men exist shades of dead our men without  dilac to move away ten ind ullter in to some place not at all admit salvo jure  our men et of one another dyer b pron  interrog  exitus si quos ind a tempore  death prsati I S perceper prfato w s book ut justice be testae c and for the  land in the duchy of Lancaster see h in the livery by Fitzhugh and in h livery  by Dansey although they be hold of the king a ouster Le main cum exit be sue  and grant as if the tenure have be of a common person note this be in the time  of h but afterward in the first year of Edward Convile have livery with issue  for land hold of the dually of Lancaster and also by tenure of the duchy of  Cornwall and not ouster Le main for in Edward the duchy be annex to the crown  that be to say give to king Edward and his heir king of England and then be  dissever again in the first dear of h as it be in the time of h and then order  be take with the assent of the chief baron of the exchequer and of the chief  justice of the bench that livery shall be grant together with the issue from  the time of full age by the name of ouster Le main because that be their  course there for these three hundred year last pass as it be assert c see car  c by which all feudal tenor and their consequence be abolish