case bryan against WETHERHEAD Trinity term James roll the grant of a house cum  appertinentiis will not pass a adjoin building not account parcel of the house  although hold with it for thirty year T7Me post Hutton cro Elizabeth Keilway    light b b cro James Com dig Ch Cas lev side peer wms bro Ch Cas term Rep term  Rep b r dougl ejectment upon not guilty plead a special verdict be find that  John Bryan be seize in fee of a tenement call Keyshams in aylesbury be  copyhold of the manor of aylesbury whereof sir John Packington be lord erect a  building by encroachment upon six foot of the waste of the say manor and  adjoin it to the shop of the say house afterward sir John Packington in  Elizabeth by indenture demise to the say John Bryan the say six foot of waste  so build upon and adjoin to the say Keyshams for a hundred year who in James  surrender the say tenement call Keysbams to the use of mary Bryan and her heir  and in James assign all his term in the say six foot of waste so build upon to  the say mary Bryan who in James by indenture let and demise to William  Wetherhead the aid tenement croak car call Keysharns cum appurtenance habendum  for seventy year who assign all his estate to the defendant and afterward in  the say nineteenth year of king James the say mary die intestate and  administration be commit to the say Bryan who enter upon the say six foot of  waste so build upon the question be whether by these word the message call  Keyshams cum appertinentiis this parcel of the shop build as aforesaid and  annex to the other shop shall pass or no and it be resolve by all the court  that it pass not for be but a new purpresture and add to the shop of the  tenement in Elizabeth and not be find that it have be use altogether with the  house or repute or accept as parcel a vide James c car c Ann c and Geo c croak  car er p thereof ex way termini nothing pass but what be parcel of the house  from the time c and the verdict have find that it be not account as parcel of  the house from any time after the purchase and therefore it shall not pass by  the word cum appurtenance especial in a deed but in a devise Hobart chief  justice conceive peradventure it may pass and judgement be give for the  plaintiff case memorandum the law against recusant order to be put in  execution and all fine and forfeiture to be immediate employ in the public  service upon the November this term sir Robert heath attorneygeneral come into  court and bring with he a commission under the great seal direct to the Lord  keeper Lord treasurer chancellor of the exchequer the justice of both bench  and baron of the exchequer the king attorney and solicitor command they and  all justice of peace in their limit that they shall put in execution all the  law against recusant accord to the petition of the Commons in the last  parliament and the king gracious pleasure thereto signify and further declare  his pleasure that all sum of money collect upon estreat shall be employ to the  maintenance of his ordnance his fort and place of defence and if any shall  remain it shall be employ for the support of his navy and shall not be put  into his public treasury but by itself and for those purpose and that all  lease of recusant land or to their use shall present be call in as far as by  the law they may be and that none shall make suit to have they for recompense  of any service or other use but shall be only employ to the use aforesaid