a brief report of a judgement and of the cause thereof give in the king bench  by the justice there in Trinity term in the that year of the reign of queen  Elizabeth upon a special verdict find on the general issue in a ejection  strong bring by edmund cross against henry howel upon a lease for year of  tenement in marsh in the count of Buckingham make to the plaintiff the that  day of September in the that year of the reign of the present queen by William  ferryman and Robert sadler the master or governor and the commonalty of the  mystery of cook in London and the record be enter among the record of easter  term Elizabeth roll and be as follow declaration same precedent raze Entr b pl  otherwise as it appear in the term of saint Hillary in the that year of the  rei a of the lady the queen now roll it be contain thus buck videlicet be it  remember that otherwise Plowden er p videlicet in the term of saint Michael  last pass before the lady the queen at Westminster come Edmund cross by George  Colborn his attorney and bring here into the court of the say lady the queen  then there his certain bill against Henry Howel in the custody of the marshal  c of a plea of trespass and ejectment of a farm and there be pledge of  prosecute videlicet John do and Richard roe which say bill follow in these  word videlicet buck videlicet Edmund cross complain of Henry Howel in the  custody of the marshal of the Marshalsea of the lady the queen before the  queen herself for this videlicet that whereas one William ferryman and Robert  sadler master or governor and the commonalty of the mystery of cook in London  otherwise call William ferryman and Robert sadler citizen and cook in London  master or governor of the mystery of cook in London and the commonalty of the  same mystery the that day of September in the that year of the reign of the  lady Elizabeth now queen of England at marsh in the county aforesaid by their  certain indenture seal with their common seal and here into court produce bear  date the day and year abovesaid have deliver grant and to farm let to the  aforesaid Edmund cross one message with the appurtenance in marsh aforesaid  and also acre of land acre of meadow and acre of pasture with the appurtenance  in marsh aforesaid in the aforesaid county of buck to have and to hold the  tenement aforesaid with the appurtenance to the aforesaid Edmund and to his  assign from the Feast of easter then last pass unto the end and term of year  from thence next Plowden follow and full to be complete by virtue whereof he  the same Edmund into the tenement aforesaid with the appurtenance enter and be  thereof possess until the aforesaid Henry Howel afterward videlicet the that  day of the say month of September in the abovesaid that year of the reign of  the say lady the queen now with force and arm c into the tenement aforesaid  with the appurtenance enter and he the say Edmund from his farm aforesaid  thereof his term aforesaid not yet end eject expel and amoved and he the say  Edmund from his possession thereof hold out and yet do hold out and other  wrong to he do against the peace of the say lady the queen now to the damage  of he the say Edmund pound and therefore he produce the suit c and now here at  this day videlicet Wednesday next after the octave of saint Hillary ill this  same term until which day the aforesaid Henry Howel have leave to imparl to  the bill aforesaid and then to answer c before the lady the queen at  Westminster come as well the aforesaid Edmund by his attorney aforesaid as the  aforesaid Henry by Roger Norton his attorney and the same Henry defend the  force and injury when c and say that he be not guilty thereof and of this he  put himself upon the country and the aforesaid Edmund cross likewise c  therefore the juror thereon come before the lady the queen at Westminster on  Wednesday next after the morrow of the purification of the bless mary and who  neither c to recognize c because as well c the same day be give to the party  aforesaid there c at which day the juror between the party aforesaid in the  plea aforesaid thereof between they be respite before the lady the queen at  Westminster until Wednesday next after fifteen day of easter then next follow  unless the justice of the lady the queen assign to take assize in the county  of buck shall first come on Monday in the three week of lend at ailsbury in  the county aforesaid by the form of the statute c for want of juror c  therefore let the sheriff have the body c the same day be give to the party  aforesaid there c and now at this day videlicet the aforesaid Wednesday before  the lady the queen at Westminster come the aforesaid Edmund cross by his  attorney aforesaid and the aforesaid justice before who c have send here their  record in these word afterward at the day and place within contain before  Christopher Wray knight chief justice of the lady the queen assign to hold  plead before the queen herself and Gilbert Gerard attorneygeneral of the say  lady the queen justice of the say lady the queen assign to take assize in the  county of Bucks by theform of the statute c come as well the within name  Edmund cross by Richard grey his attorney as the within write Henry Howel by  his attorney within contain and the juror of the jury whereof mention be  within make be call some of they come and some of they do not come as appear  in the panel and one of the same juror now appear videlicet William Edmund  because he be find suspect between the party aforesaid from that panel be  whole Plowden er p withdraw and certain of the same juror now likewise appear  videlicet Edward Bethan gentleman John more gentleman Edmund Paxton William  Coleman John Sheppard of Ovinge Richard Meridal John Coker and Clemens Chilton  come and upon that jury be swear and because the residue of the juror of the  same jury have not appear therefore other of the bystander by the sheriff of  the county aforesaid thereunto choose at the request of the aforesaid Edmund  cross and by the command of the justice aforesaid be add anew who name to the  panel aforesaid be put accord to the form of the statute in such case late  make and provide which say juror so add anew now appear videlicet Ralph Redman  gentleman Richard hatch Benedict holland and John wade come who to say the  truth of the within contain together with the other juror aforesaid first  impanel and swear be elect try and swear say upon their oath that long before  the within write time of the trespass and ejectment within specify within  suppose to be do Lord Edward late king of England the four incorporate the  freeman of the mystery of cook in London by his letterspatent in these word  Edward by the grace of God king of England and France and Lord of Ireland to  all to who the resend letter shall come greeting know the that we consider how  that our belove good and freeman of the mystery of cook of our city of London  great and many attendance and labour as well at our great Feast of saint  George as at other on our command for a long time without the city aforesaid  personal have sustain and support and daily to sustain and support do not  cease and while they have so personal attend upon our business they have many  time be impanel and summon upon assize of juror and other inquest within the  same city and by reason of such their personal attendance they can not appear  whereby they have before these time have and sustain many hardship and loss in  the lose of great issue and amercement we be desirous that such loss shall be  now remove from the say good and freeman of the mystery aforesaid for the  cause aforesaid and for other consideration Plowden we special move at the  supplication of the same have grant to they that that mystery and all man of  the same mystery of the city aforesaid be in substance and name one body and  one commonalty perpetual and that two principal of the same commonalty by the  unanimous assent of twelve or eight person at least of that commonalty in the  mystery aforesaid most expert every year may vide   a elect and make out of  that commonalty two master or governor in the same mystery most expert to  supervise direct and govern the mystery and commonalty aforesaid and all man  of the same mystery and the business of the same for ever and that the same  master or governor and commonalty may have perpetual succession and a common  seal to serve the business of the say commonalty and that they and their  successor for ever be person fit and capable to purchase and possess in fee  and perpetuity land tenement rend and other possession whatsoever and that  they by the name of master or governor and commonalty of the mystery of cook  in London may implead and be implead before whatever judge in court and action  whatever and that the aforesaid master or governor and commonalty and their  successor man lawful and safe make lawful and honest assembly of themselves  and statute and ordinance for the wholesome government superintendency and  correction of the mystery aforesaid accord to necessity and exigence as often  as and when it shall be needful without let or hindrance of we our heir or  successor justice escheator sheriff coroner or other bailiff or minister of we  our heir or successor whatsoever so that their statute and ordinance be in no  wise contrary to the law and custom of our realm of England further we will  and grant for we our heir and successor as much as in we be that the master or  governor of the aforesaid commonalty for the time be and their successor for  ever may have the overlook search correction and government of all and  singular man of the say commonalty of cook use the mystery of cook in the same  city and in the suburb thereof and the punishment of the same for their  offence and for the not perfect execute do and use their mystery so that such  punishment follow by reasonable and fit way also we will and grant for we our  heir and successor as much as in we be that the say master or governor and  commonalty of the say mystery of cook or Plowden er p their successor or any  of they in any wise for the future within the city aforesaid and the suburb of  the same shall not be summon or put nor shall any of they be summon or put in  a jury inquest inquisition attaint or other assize recognition within the say  city and the suburb of the same for the time to come before the mayor and  sheriff or the coroner of the say city for the time be to be take or by any  their officer or minister or officer or minister to be summon although the  same juror be summon to the inquisition or recognition upon our writ or writ  of right or of our heir but that the say master or governor and commonalty of  the mystery aforesaid and their successor and every of they against we our  heir and successor and against the mayor and sheriff of our city aforesaid for  the time be and their officer and minister whatsoever be thereof quit and  whole discharge for ever by these present and further we in consideration of  the premise of our special grace have grant for we our heir and successor to  the aforesaid master or governor and commonalty of the say mystery of cook and  to their successor this liberty videlicet that in all time to come they may  admit and receive into the same mystery of cook to have and enjoy the liberty  of the say city accord to the custom of the say city fit and sufficient person  skill and inform in the say mystery of cook approve by the master or governor  of the say mystery for the time be and present to the mayor of the city  aforesaid for the time be and no other person whatsoever nor in any other  manner any command or request of we our heir or successor by the letter within  write or otherwise howsoever to the contrary make or to be make  notwithstanding and although the same master or governor and commonalty and  their successor shall for the future continual use this liberty against any  command or request of we our heir or successor or of any other whatsoever in  form aforesaid to be make nevertheless they nor any of they shall in no wise  incur any fine contempt or loss towards we our heir or successor or any damage  or ill in their good or body towards other person whatsoever by that occasion  any statute ordinance or Act to the contrary before this time enact make  ordain or provide notwithstanding in witness whereof we have cause these our  letter to be make patent witness ourselves at Westminster the that day of July  in the d year of our reign by virtue of which say letterspatent the freeman of  the mystery of cook in London be incorporate by the name of master or governor  that and commonalty of the mystery of cook in London and that after the make  of the letterspatent aforesaid the master or governor Plowden and the  commonalty of the mystery aforesaid be seize of the tenement within write with  the appurtenance in which the trespass and ejectment within specify be suppose  to be do in their demesne as of fee in see   a right of their corporation  aforesaid and they be so seize thereof one John Johnson the young Matthew  Robinson John birch and Ralph iswel master and warden of the Art or mystery of  cook of London and the commonalty of the same art or mystery and also John  Laurence citizen and cook of London before the aforesaid time of the trespass  and ejectment aforesaid within suppose to be do videlicet the last day of  November in the saint year of the reign of Lord Henry late king of England the  eight the father of the lady the queen now by a certain indenture make between  the same John Johnson the young Matthew Robinson John birch and Ralph iswel  master and warden of the mystery of cook of London and the commonalty of the  same mystery and John Laurence by the name of John Johnson the young Matthew  robin John birch and Ralph iswel master and warden of the Art or mystery of  cook of London and of the commonalty of the same art or mystery and also of  John Laurence citizen and cook of London of the one part and one Robert dorm  esquire by the name of Robert dorm esquire of the other part which other part  seal with the seal of the aforesaid Robert dorm to the juror aforesaid be show  in evidence the tenor of which say indenture follow in these word this  indenture make the last day of November in the one and twenty year of the  reign of king Henry the eight between John Johnson the young Matthew Robinson  John birch and Ralph iswel master and warden of the craft or mystery of the  cook of London and the commonalty of the same craft or mystery and also John  Laurence citizen and cook of London of the one part and Robert dorm esquire of  the other Plowden er p part witness that the say master warden commonalty and  John Laurence have bargain and sell and by these present clear bargain and  sell to the say Robert dorm the manor of Westbury with the appurtenance in  marsh in the county of Buckingham and all land and tenement rend reversion  service and other hereditament which they the say master warden and commonalty  have or that a that other person or person to their use or to the use of any  of they have in marsh aforesaid or elsewhere within the say county and also  all evidence charter muniment and write concern the premise or any parcel  thereof and the say master warden commonalty and John Laurence covenant and  grant further by these present to the say Robert that they the say master  warden commonalty and John Laurence or their successor before the Feast of the  purification of our lady next ensue the date hereof shall deliver or cause to  be deliver to the say Robert his executor or assign all the say evidence  muniment and write concern the premise or any parcel thereof and the say  master warden commonalty and John Laurence covenant and grant further by these  present to the say Robert that they the say master warden commonalty and John  Laurence or their successor before the say Feast of the purification of our  lady next come shall make or cause to be make to the say Robert and his heir  and to such other person and person and their heir as the say Robert his heir  or assign shall name and appoint and to the use of the say Robert dorm and of  his heir a good sure sufficient lawful and indefeasible estate in the law in  feesimple of and in the say manor land tenement and other the premise and  every parcel thereof at the cost and charge in the law of the say Robert dorm  and his heir and over that the say master warden commonalty and John Laurence  covenant and grant by these present to the say Robert dorm that they the say  master warden commonalty and John Laurence and their successor shall at all  time and time hereafter do suffer and cause to be do and suffer all and every  such thing and thing be it by fine feoff recovery release warranty of the say  master warden commonalty and John Laurence and their successor or assign  against all person or otherwise as by the counsel learned of the say Robert  his heir and assign shall be advice at the cost and charge in the law of the  say Robert dorm and of his heir and moreover the say master warden commonalty  and John Laurence covenant and grant b that these present to the say Robert  that they have good and just title and lawful authority and power to bargain  and sell the say manor and other the premise to the say Robert dorm in manner  and form abovesaid and that the say manor and other the premise be of the  clear yearly value of five mark over and above all yearly charge and reprize  and also that the say manor and other the premise at the seal of these present  be discharge of all former bargain sale jointure dower use will  statutesmerchant statute of the staple and of all other encumbrance and charge  bad make or do before the date of these present except rentservice of old time  due and accustom for the which bargain and sale covenant grant and agreement  well and true to be observe perform fulfil and keep on the behalf of the say  master Plowden warden commonalty and John Laurence their successor and assign  the say Robert have content and pay to the say master warden commonalty and  John Laurence at the seal of these present pound sterling whereof the say  master warden commonalty and John Laurence acknowledge themselves true content  and pay by these present in witness whereof as well the seal of the say master  warden and commonalty and the seal of the say John Laurence as the seal of the  say Robert dorm to these indenture interchangeable be set give the day and  year abovesaid bargain and sell the tenement within write with the  appurtenance in which c among other thing to the aforesaid Robert dorm and  that the aforesaid Robert dorm by virtue of that bargain and sale into those  tenement with the appurtenance enter and be thereof seize in his demesne as of  fee and he be so thereof seize a certain fine with proclamation thereon be  levy in the court of the say Lord Henry late king of England the eight at  Westminster from the day of easter in day in the d year of his reign before  Robert Brudnel Anthony Fitzherbert Thomas Englefield and William Shelley  justice and other faithful man of the say late king Plowden er p then there  present between the aforesaid Robert and one John Baldwin esquire John Goodwin  gentleman Peter dorm gentleman and Henry Cooper complainant and one Thomas  smith brother and heir of John smith and William smith son and heir apparent  of the say Thomas deforceants of the tenement within write with the  appurtenance in which c among other thing in these word this be the final  agreement make in the court of the lord the king at Westminster from the day  of easter in day in the d year of the reign of Henry the eight from the  Conquest by the grace of God of England France king defender of the faith and  Lord of Ireland before Robert Brudnel Anthony Fitzherbert Thomas Englefield  and William Shelley justice and other faithful man of the lord the king then  there present between Robert dorm esquire John Baldwin esquire John Goodwin  gentleman Peter dorm gentleman and Henry Cooper complainant and Thomas smith  brother and heir of John smith and William smith son and heir apparent of the  say Thomas deforceants of the manor of Westbury in the marsh with the  appurtenance and of acre of land acre of meadow and acre of pasture with the  appurtenance in marsh whereof a plea of covenant be summon between they in the  same court videlicet that the aforesaid Thomas and William have acknowledge  the aforesaid manor and tenement with the appurtenance to be the right of the  say Robert as those which the same Robert John John Peter and Henry have of  the gift of the aforesaid Thomas and William and they have remit and quitclaim  from they the say Thomas and William and the heir of the say Thomas to the  aforesaid Robert John John Peter and Henry and to the heir of the say Robert  for ever and further the same Thomas and William have grant for themselves and  the heir of the say Thomas that they will warrant to the aforesaid Robert John  John Peter and Henry and to the heir of the say Robert the aforesaid manor and  tenement with the appurtenance against all man for ever and for this  acknowledgement remise quitclaim warranty fine and agreement they the same  Robert John John Peter and Henry have give to the aforesaid Thomas and William  pound sterling buck accord to the form of the statute the first proclamation  be make the d day of may in the term of easter in the d year of the king  within write the second proclamation the that day of may in the same term the  three proclamation the that day of may in the same term the four proclamation  the that day of may in the same term the five proclamation be make the that  day of July in the term of the holy Trinity in the d year of the king within  write the six proclamation the that day of July in the same term the seven  proclamation the that day of July in the same term the eight proclamation the  that day of July in the same term the nine proclamation be make the d day of  November in the term of saint Michael in the d year of the king within write  the ten proclamation the that day of November in the same term the eleven  proclamation the that day of November in the same term the twelve proclamation  the that day of November in the same term the thirteenth proclamation be make  the that day of February in the term of saint Hillary in the d year of the  king within write the fourteenth proclamation the that day of February in the  same term the fifteen proclamation the that day of February in the same term  the sixteenth proclamation the that day of February in the same term which say  fine in form aforesaid be levy to the use of the aforesaid Robert dorm and of  his heir whereby the same Robert be seize of the tenement within write with  the appurtenance in his demesne as of fee and be so thereof seize he the same  Robert dorm his estate thereof continue five year next follow after the  proclamation in form aforesaid make without any entry claim or occupation upon  he or against he make or obtain by the aforesaid master or governor and  commonalty of the mystery aforesaid or by any person or person whatsoever and  afterward and before the within write time of the trespass and ejectment  Plowden within specify within suppose to be do the aforesaid Robert dorm of  the tenement aforesaid with the appurtenance in form aforesaid be seize of the  same tenement with the appurtenance feoff one William Howel to have and to  hold the say tenement with the appurtenance to the aforesaid William Howel and  to his heir for ever by virtue of which feoff the aforesaid William Howel be  seize of the say tenement with the appurtenance in his demesne as of fee and  be so thereof seize the same William Howel afterward and before the within  write time Plowden er p of the trespass and ejectment within specify within  suppose to be do videlicet the last day of November in the year of the Lord  make and declare his testament and last will in write and by his same last  will give and bequeathe the tenement within write with the appurtenance by the  name of all his land and tenement in the parish of marsh to one John Howel his  old son and to the heir of his body lawful beget and for default of such issue  the remainder thereof to the aforesaid Henry Howel now defendant by the name  of Henry Howel his son and to the heir of his body lawful be get and afterward  and before the within write time of the trespass and ejectment within specify  within suppose to be do the aforesaid William Howel at Westbury aforesaid die  of the tenement aforesaid in form aforesaid seize after who death John Howel  into the tenement aforesaid with the appurtenance enter and be thereof seize  in his demesne as of feetail and be so thereof seize the same John Howel  afterward and before the within write time of the trespass and ejectment  within specify within suppose to be do of such his estate at Westbury  aforesaid die thereof seize without heir of his body issue after who death the  aforesaid William ferryman and Robert sadler master or governor and the  commonalty of the mystery aforesaid the that day of September in the that year  of the reign of the lady the queen now make their certain write seal with  their common seal in these word to all the faithful in Christ to who this  present write shall come William ferryman and Robert sadler master or governor  and the commonalty of the mystery of cook of London otherwise call William  ferryman and Robert sadler citizen and cook of London master or governor of  the mystery of cook of London and the commonalty of the same mystery greeting  in the Lord eternal know the that we the aforesaid master or governor and the  commonalty of the say mystery have ordain constitute authorize and depute by  these present our belove in Christ Richard Hodges our true and lawful attorney  to enter in our right stead title and name into one message with the  appurtenance in marsh in the county of buck late in the occupation of one  Edmund cross gentleman and into all the land meadow leasows and pasture with  the same message occupy in marsh aforesaid and the say message and other the  premise with the appurtenance to our use to claim and the possession thereof  to our use to take and have have possession thereof or of any parcel thereof  then to seal upon the premise or upon any parcel of the same and in our stead  right and name as our deed to deliver to the same Edmund cross a certain write  contain the form and word of a demise of the premise for the term of five year  to begin from the Feast of easter last pass to the aforesaid Edmund cross in  our name make and we the aforesaid master or governor and the commonalty of  the mystery aforesaid shall ratify and approve all thing which our aforesaid  attorney shall do in the premise in witness whereof to this present write we  have put our common seal give the that day of September in the that year of  the reign of our lady Elizabeth by the grace of God of England France and  Ireland queen defender of the faith c and the juror aforesaid further say upon  their oath aforesaid that the message and tenement aforesaid in the  declaration within write specify and the message and tenement in the aforesaid  write to the aforesaid Richard Hodges as be aforesaid make be one and the same  and not other nor diverse and that by virtue of the same write the aforesaid  Richard Hodges in that write name the within write that day of September in  the that year abovesaid at marsh aforesaid into the message within write and  other the premise with the appurtenance enter and they to the use of the same  master or governor and commonalty claim and the possession thereof to their  use take and the write aforesaid with the common seal of the say master or  governor and commonalty of the mystery aforesaid contain in itself the form  and word of a demise of the tenement within specify for the aforesaid term of  five year to begin from the Feast of easter then last pass seal and as the  deed of the same master or governor and commonalty of the mystery aforesaid  then and there to the same Edmund cross deliver which say write follow in  these word this indenture make the that day of September in the that year of  the reign of the most excellent princess our lady Elizabeth by the grace of  God of England France and Ireland queen defender of the faith c between  William ferryman and Robert sadler Plowden er p master or governor and the  commonalty of the mystery of cook of London otherwise call William ferryman  and Robert sadler citizen and cook of London master or governor of the mystery  of cook of London and the commonalty of the same mystery of the one part and  Edmund cross of marsh in the county of buck of the S other part witness that  the aforesaid master or governor and the commonalty of the mystery aforesaid  have deliver grant and to farm let and by these present do deliver grant and  to farm let to the aforesaid Plowden Edmund cross one message with the  appurtenance in marsh aforesaid late in the occupation of the aforesaid Edmund  and all the land meadow leasows and pasture with the same message occupy in  marsh aforesaid to have and to hold the message aforesaid and all other the  premise with the appurtenance to the aforesaid Edmund and to his assign from  the Feast of easter last pass unto the end of five year from thence next  follow yield therefore yearly to the aforesaid master or governor and the  commonalty of the mystery aforesaid and to their successor pound at the feast  of the Nativity of saint John baptist and of all saint by equal portion and  the best beast of the aforesaid Edmund at his death in the name of a heriot if  he shall die within the term aforesaid in witness whereof to one part of this  present write indent with the aforesaid Edmund remain the aforesaid master or  governor and the commonalty of the mystery aforesaid have put their common  seal aforesaid and to the other part with the aforesaid master or governor and  the commonalty aforesaid remain the aforesaid Edmund have put his seal give  the day and year first abovesaid by virtue of which say indenture and demise  the aforesaid Edmund cross into the tenement within write with the  appurtenance enter and be thereof possess until the within write Henry Howel  the aforesaid that day of September in the that year abovesaid into the say  tenement with the appurtenance enter and the say Edmund from his farm  aforesaid thereof his term aforesaid then not end eject expel and amoved and  the say Edmund from his possession thereof hold out and yet do hold out as the  aforesaid Edmund within against he complain but whether upon the whole matter  aforesaid the demise aforesaid by the aforesaid William ferryman and Robert  sadler master or governor and the commonalty of the mystery aforesaid to the  aforesaid Edmund cross of the tenement within write with the appurtenance in  form aforesaid make be good sufficient and valid in law or not the juror  aforesaid be whole ignorant and they pray thereof the advice of the justice  and of the court c and if it shall seem to the court of the lady the queen  that that demise be good sufficient and valid in law then the juror aforesaid  say upon their oath that the aforesaid Henry Howel be guilty of the trespass  and ejectment within specify as the aforesaid Edmund within have allege and  then they assess the damage of the say Edmund by occasion of that trespass and  ejectment beside his cost and charge by he about his suit in this behalf  expend at S and for those cost and charge at S but if it shall seem to the  court of the lady the queen that the demise aforesaid by the aforesaid William  ferryman and Robert sadler to the aforesaid Edmund of the tenement within  write in form aforesaid make be not good sufficient and valid in law then the  same juror say upon their oath aforesaid that the aforesaid Henry Howel be not  guilty of the trespass and ejectment within specify as the same Henry Howel  within have allege but because the court of the lady the queen here be not yet  advice of give their judgement thereon day be give to the party aforesaid  before the lady the queen at Westminster until Friday next after the morrow of  the holy Trinity to hear their judgement thereon because the court of the lady  the queen here thereof not yet c the case the cook of London be incorporate by  king Edward by the name of two master or governor and commonalty of the  mystery of cook of London and they bargain and sell land by the name of a b c  and d master and warden of the craft or mystery of the cook of London to r d  and adjudge that the corporation be misname in the indenture and that the  bargain and sale be void by reason thereof and therefore that the bargainee by  his entry be a seize S sheep pract Couns vin Abr title corporation g pl  Plowden er p vide lane die pl note reader that suit to avoid grant upon the  account of misnomer be odious suit and a shameful thing it be that when  grantee or lessee who for the most part be illiterate person have pay great  fine corporation who be presume best to know their name of foundation shall go  about to avoid their own grant under their common seal upon such a slight  mistake and therefore the judge ought in these case as general they do to make  such construction if they may that the grant may stand good Gouldsb gawdy  however it seem that in such case remedy may he have in the court of chancery  for the Lord chancellor say it be fit to help such lease there if for  reasonable caryi time and make upon good consideration otherwise not James  Elizabeth Lord Audley v Sydenham tothil pl the case S it be find by the jury  be thus king Edward by his letterspatent bear date the that day of June in the  d year of his reign grant to the good and free man of the mystery of cook of  the city of London that that mystery and all man of the same mystery of the  city aforesaid shall be in reality and in name one body and one commonalty  perpetual and that two principal of the same commonalty with the unanimous  assent of or person at least of that communally most experience in the mystery  aforesaid may every year elect and make out of that commonalty two master or  governor most experience in the same mystery to overlook direct and govern the  mystery and commonalty aforesaid and all man of the same mystery and the  business of the same for ever and that the same master or governor and  commonalty shall have perpetual succession and a common seal to serve the  business of the say commonalty and that they and their successor for ever  shall be person fit and capable to purchase and possess in fee and perpetuity  land tenement rend and other possession whatsoever and that they by the name  of master or governor and commonalty of the mystery of cook of London may  implead and be implead before any judge whatsoever in any court and action  whatsoever c by virtue of which letterspatent the free man of the mystery of  cook of London be incorporate by the name of master or governor and commonalty  of the mystery of cook of London and afterward they be seize of the tenement  in which the trespass and ejectment be suppose to be do in their demesne as of  fee in right of their corporation and they be so seize John Johnson Matthew  Robinson John birch and Ralph iswel master and warden of the craft or mystery  of cook of London and the commonalty of the same craft or mystery and one John  Laurence the last day of November in the saint year of the reign of king Henry  by a indenture show forth make between they by the name of John Johnson the  young Plowden Matthew Robinson John birch Ralph iswel master and warden of the  craft or mystery of the cook of London and by the name of the commonalty of  the same craft or mystery and by the name of John Laurence of the one part and  Robert dorm of the other part bargain and sell the tenement aforesaid to the  say Robert dorm by virtue of which bargain and sale the say Robert dorm into  the say tenement enter and be thereof seize in his demesne as of fee and he be  so seize a fine be levy in easter term in the d year of king Henry between the  say Robert dorm and four other complainant and Thomas smith and his son  deforceants by which fine smith and his son acknowledge the say tenement to be  the right of the say dorm as those which he and the four other have of their  gift and proclamation be thereupon accord make which fine be to the use of the  say dorm and his heir whereby the say dorm be seize of the say tenement in his  demesne as of fee and continue his estate five year next after the say  proclamation without any entry claim or action upon or against he make by the  say master or governor and commonalty of the mystery aforesaid or by any other  and afterward videlicet the that day of September in the that year of the  reign of the present queen the say master or governor and commonalty make a  letter of attorney to one Richard Hodges to enter into the say tenement and to  deliver to the plaintiff upon the land the deed of lease specify in the count  as their deed who accord do so and the defendant have a estate by conveyance  under the estate of the say dorm which be show in certainty oust the plaintiff  upon which the juror pray the discretion of the justice Plowden er p and the  matter be argue many time at the bar send non to be between and at last the  justice unanimous agree upon two point the first be that when dorm enter after  the bargain and sale make to he he be a roll r cro c seize to the corporation  because the corporation be misname in the indenture of bargain and sale  whereby the bargain and sale and the indenture be void for the grant of king  Edward to the cook be that two principal of the commonalty with the assent of  or of at least of the same commonalty may annual elect and make out of the say  commonalty two master or governor in the same mystery and that the same master  or governor and commonalty shall have perpetual succession and that they and  their successor shall be able and capable to purchase and possess in fee and  perpetuity land and tenement and that they may implead and be implead by the  name of master or governor and commonalty so that by this grant there ought to  be two master or governor and the indenture of bargain and sale to dorm be  make between John Johnson Matthew Robinson John birch and Ralph iswel master  and warden of the craft or mystery c so that there be four name by their  proper name and master be add at the end in the singular number which can be  refer to they all nor to two of they for master and master a   a a be not the  same and if master shall be refer to all four which it can possible be then  there will be four master whereas the charter warrant only two so that the  number will be great than be warrant by the charter and if master shall be  refer to the last person name videlicet to iswel as of necessity it must then  there be not master and the plural number be material in the case because two  will govern better than one so that for want of the plural number the name of  the corporation give in the indenture videlicet master be not warrant by the  charter also in the indenture they be call master and warden whereas warden be  not in the charter and if so be that governor have be put instead of warden in  order to pursue the charter yet they ought to have be call master or governor  so that the word or shall have be put instead of and b S p more lane and Leon  c and Leon cart b but as to the word of the craft or mystery of the cook of  London which be put in the indenture before the word and the commonalty and as  to the word craft which be put as well before the word communally as after it  they seem to the justice to be surplusage which shall not hurt the bargain and  sale nor make the indenture void for craft and mystery be word of the and Leon  cart c same sense and the put they before the word commonalty be but to show  of what mystery they be master or governor which be more than necessary for if  they have be call master or governor and commonalty of the mystery of cook of  London thereby it will have be know of what mystery they be master or governor  for the word mystery there put will have show certain that the mystery to  which they be master or governor and the mystery whereof the commonalty  consist be of the cook of London so that the word craft or mystery be put  before the word communally be but word of abundance which do not destroy the  name give to the corporation but that which hurt and vitiate the name give to  they in the indenture be the other matter abovementioned which make the  bargain and sale and the indenture void from whence it follow that when dorm  enter he be a seize to the corporation inasmuch as he claim a estate or  interest which be not give to he by the indenture for which reason he shall  not be adjudge a tenant at will or at sufferance but a seize as to the second  point the court be of opinion that the fine levy to dorm who have a estate of  freehold and of fee and to the other and the continuance of the possession in  dorm Plowden for five year after the fine bar the corporation by reason of  their nonclaim within the five year S p   b a roll r west Symb pt foe b Crompt  I c b sheep pract Couns wats finish incumb vin Abr title corporation king pl  title fine u pl for they have a absolute estate in Plowden er p feesimple and  may have give the land to another without the assent or agreement of any other  and may have have a writ of right for which reason their nonclaim shall bind  they and the statute of h of fine be make for the public good and to settle  and quiet the inheritance of the subject of the realm and therefore the sense  of it ought to be large extend to the benefit of those who be in possession of  land and to the destruction of the right of those who have right and be remiss  in make their claim a roll r Leon per periam I comb ante g a for the intent of  the Act be to favour those who have estate by fine and to hurt those who have  right and neglect to pursue it within five year b Leon b and therefore  although the word of the Act seem to bar only natural person and their heir  because they do not save any right but to man and their heir and no mention be  make of any corporation or of successor yet it be the intent of the maker of  the Act that it shall be extend to corporation and to their successor if they  be such corporation as have of themselves absolute estate and authority as  mayor and commonalty dean and chapter college and such like for as they have  power to take land and tenement so ought they to have care to defend they and  they and their successor ought to make their entry and claim to avoid fine as  other man and their heir ought and if corporation shall not be include in the  statute of h many trouble and mischief will happen in their possession which  will be leave without remedy or reformation and a Act of parliament which  reform a common mischief ought to be extend so as to extinguish the whole  mischief so here the Act of h which be a Act of convenience in that it bring  public repose to inheritance ought to be extend to bind corporation which  neglect to make their entry or claim or to bring their action within the time  limit by the Act videlicet within five year c   a Crompt I c b sheep pract  Couns west Symb pt foe b ante e by the reporter c but if a bishop dean parson  vicar or prebendary or such like do not make their entry or claim nor bring  their action to avoid a fine within five year but be remiss and negligent for  all that time yet their successor shall not be bind for ever because the have  no absolute estate or authority in their possession for the bishop and dean  can do thing to bind their possession without have the assent of the dean and  chapter and the parson vicar and other who may have a law utrum and can have a  writ of right ought to have the assent of the patron and ordinary who have  some interest or part in the matter in order to bind their successor and  forasmuch as these have no absolute authority over their possession but be  dependent upon other and can charge or encumber their possession of themselves  without the assistance of other therefore it be reasonable to be presume that  it be the intent of the maker of the Act of Elizabeth that their latch and  nonclaim within five year shall bind their successor for ever nevertheless it  be hold by some of the justice that although every successor shall have five  year to make his claim or entry d roll r vin Abr title corporation king pl  title fine u pl sheep pract Couns d yet every one that suffer the five year to  pass shall be bind during his own time but although he be bind yet his  successor shall have other five year to make his entry or claim or to bring  his action by the save and proviso in the Act and so it be say if a man have a  office for life to which land or a house be appurtenant as a parker forester  keeper of a gaol and the like who office be use to be give for life and he be  seize of the land or house which be appurtenant to his office and the seize  levy a fine with proclamation every officer one after another shall have five  year but he chat suffer the five year to pass be bind for the time that he be  officer and because in the principal case the letter of attorney make to  Hodges to enter into the premise and to deliver the lease to the plaintiff be  void for that the corporation be bind by the fine and five year nonclaim and  so have no right interest or power in the land at the time when they give the  authority to the Plowden er p attorney and consequent the lease claim by the  plaintiff be void judgement be afterward give against the plaintiff which be  as follow the rest of the record judgement at which day before the lady the  queen at Westminster come the party aforesaid by their atorneys aforesaid  whereupon all and singular the premise be see and by the court of the say lady  the queen now here more full understand and mature deliberation be thereupon  have for that it seem to the court of the lady the queen now here that the  demise aforesaid by the aforesaid William ferryman and Robert sadler master or  governor and the commonalty of the mystery aforesaid to the aforesaid Edmund  cross of the tenement aforesaid with the appurtenance in form aforesaid make  be not good sufficient nor valid in law it be consider that the aforesaid  Edmund take nothing by his bill aforesaid but for his false claim thereof be  in mercy and that the aforesaid Henry Howel go thereof without day c in the  argument of this case two other point be move the first of which be if by the  bargain and sale by the corporation they may be seize to the use of dorm the  bargainee e S p ante e for it be say that no corporation can be seize to use  for none can have confidence commit to he but a body natural who have reason  and be capable of confidence and may be compel by imprisonment by the order of  the chancellor of England to perform the confidence for that be the way which  the party shall take to have it perform f cowel Inst sheep pract Couns f and  no corporation which consist of many can be imprison and their natural body  shall not be imprison for the offence of their body corporate which be another  body Plowden a sheep pract Couns vide die pl a the other point move be whether  dorm the bargainee shall have a feesimple in the use or but for life only  because the bargain and sale be make to he and no mention be make of his heir  but the judge make no resolution upon these point because if the bargain and  sale be void by the misnomer of the corporation and dorm be a seize by his  entry then these point can come in question nor do the record minister any  cause to dispute they and note as touch fine levy at the commonlaw by a prior  or parson and how far they be effectual to bind their successor these case be  consider videlicet my Edward a bro fine t h b bro fine h pl pl bro fine