case XL the case OF merton college in oxford e e   a hob a assize of fresh  force be bring in the city of Oxford by a against a body corporate the custom  of the city of Oxford be that if any one be in peaceable possession of any  land there for forty week that it be not lawful for any one to enter upon he  although he have right and although his entry be congeable at commonlaw this  be a good custom the tenant in this assize plead the king seize in fee of this  land and a grant to they and their successor in mortmain c the plaintiff reply  that upon petition to the king a writ issue out of the chancery to inquire of  the plaintiff right and that it be find upon this writ that the say land be  hold of the plaintiff and that be enter upon they for mortmain and be oust by  the defendant and that the say body corporate procure the plaintiff tenant to  convey they to the king to the intent that the king shall convey they to the  say corporation in mortmain and that the parliament award that the say charter  shall be repeal and that the plaintiff shall sue at commonlaw and that the  plaintiff enter and be in peaceable possession for forty week and that by the  custom of the say city no person ought to enter upon such possession and that  the defendant notwithstanding oust he and he bring this assize issue be join  upon the say custom which be find by the jury for the plaintiff and he have  judgement affirm in error note there be no colour give in a assize where entry  and reentry be plead with a seize there be no occasion to give colour it be  resolve in this case that this replication though it contain double or Triple  matter after verdict be not error but all waive b the defendant after the say  issue join No man shall assign that for error which be for his advantage  suppose the tenant in this case assign a trial by a jury for error it be not  error it be better for he than to be evict by the judgement of the court for  it give he more delay and custom shall be try by the country if they be deny a  erroneous judgement as long as it be in force be a bar to another action of  the same nature the king seize destroy any usage that run with the land as  this burrow English gavelkind c the king charter shall not be repeal without  make the king patentee a party by garnishment if there be a repugnancy in  plead it be error the custom of London be only triable by the mayor and  alderman by the mouth of the Jenkins recorder if it be not a matter in which  the corporation of London be a party the custom of other corporation be  triable by the country if they be deny the tenant of the plaintiff in this  case convey the land to the king and the king convey to the corporation so in  rigour of law the signiory of the plaintiff be extinguish but the king be  deceive in his grant for he be make a instrument to do wrong to deprive the  plaintiff of his signiory and therefore the king grant be void upon the whole  matter forasmuch as the plaintiff tenant can it have the land because he have  convey it to the king and the king can it have the land because of the wrong  it will do to the plaintiff as to his signiory therefore the say letter patent  shall be repeal if a the plaintiff tenant have convey Jenkins er p the land to  the king by deed enrol or have be attaint of treason and the king have grant  it to a common person to hold of the king dow the signiory of the lord in this  land have be extinguish but the king upon petition ought to repeal this patent  and grant it so that the signiory of a shall be revive in the principal case  the assize for the land be maintainable by the plaintiff by the custom of  Oxford for a body corporate have enter upon the plaintiff against the say  custom and his tenant have no right to the land but the plaintiff may enter  for the mortmain