CHIBBORNES case land in London pass by parole bargain and sale without  indenture or enrolment as before h c by a proviso in the statute in b r this  term in the case of Chibborne it be move mich e rot the lord the king recover  against the bishop of Lincoln the say prebend see for a good case post fol a  Trin car b r and enter hill James rot Evans and kiffin and Atkins case Noy lat  palm resolve by all the judge that if a parson or dean in England take a  bishopric in Ireland that this make the first church void by session and in  the report several case be put to this erect mich James a b this case be in  question S a grant of the next avoidance to I S the incumbent be create bishop  the king present by his prerogative and in this case the justice be of opinion  that the grantee shall have the next avoidance after by his grant where it be  not doubt but that the king shall have the presentation for note their reason  for the grantee be because this be the act of the law and the prerogative of  the king which exclude he from the first presentation and that prejudice no  one will wood Inst b Com a tenure by knightservice in capite with the fruit  and consequence thereof be take away by car c whether a use may be raise by  parole only affirm dyer b er p for a doubt whether the use of freehold of  message in London pass at this day by bargain and sale make there by parole  only without indenture or enrolment there make or not by reason of the proviso  contain in the statute of enrollments in the that of h c which in the first  word seem to exempt all manner land tenement and hereditament in city borough  and town corporate but the word follow S wherein the mayor alderman recorder  and other officer or officer have authority or have lawful use to enrol any  evidence deed or other write within their precinct or limit c seem to declare  the intent and meaning of the maker of the statute that the enrolment shall he  reserve to the city borough c in such manner and form as be usual before  therefore quaere well thereof for the citizen of London take and use the  statute above otherwise S that the bargain at this day and always since the  statute have be take good there by parole only c and accord to this a verdict  be give this term at guildhall and notwithstanding that the chief justice dyer  sir r Catlin exhort the jury to give a special verdict and the counsel of the  party agree thereto yet they give a flat verdict upon the seize in the point  but in mich term next the opinion of the justice of both bench be that the  land in city c be at commonlaw exempt from the act trinity term queen  Elizabeth to a action on a bind to ratify and confirm a estate it be a bad  plea that defendant do ratify and confirm unless he also show it to be by deed  the condition of a bind be thus that where the obligors be the husband and  wife have a estate for term of their life of and in certain land and tenement  in d by the demise and grant of a b and his wife as it appear by a indenture  thereof make bear such a date c if the above bounder obligor and his heir do  ratify confirm and allow the say demise and grant at all time hereafter and  permit and super the say obligors and every of they to enjoy the premise  accord to the say indenture without let or disturbance of the obligor or his  heir and also if the say obligor and his heir do make such further assurance  in the law as the obligors shall devise c that then c the obligor plead that  he at all time after the make of the write hitherto have ratify confirm and  allow the aforesaid demise and grant to wit at d and plead further that he  have permit and suffer the obligors during the life of the husband and since  his decease the wife to enjoy c and beside that the oblige have not devise any  further assurance in law in and for the confirm the premise c and upon this  the plaintiff demurrer and note that the wife who be one of the obligors be  marry to another who be the plaintiff in this action of debt and by the better  opinion the plea be not good but he ought to have plead a confirmation in deed  by e rot cite by Popham in the argument of Callart and Callarts case Poph cro  Elizabeth more hill Elizabeth rot b r where many be of opinion against the  judgement of Popham that a use shall not arise without deed pale yellow use  sheep touch but now see car c and dyer a er p write and therefore afterward  the party confess the action the demurrer in law be relinquish in Michaelmas  next east Elizabeth rot to a writ of dower none may plead detinue of charter  but the tenant in possession by descent as heir to the husband nor be the plea  good for more land than the charter concern and they shall be strew in certain  unless seal up or in a box dyer a man seize of four acre of land hold in  socage have a charter concern all the say four acre and by his last will in  write he devise three of the say acre to his young son and his heir in fee and  the four acre he devise to his wife for the term of her life remainder over to  a stranger in fee and die and the wife get the charter by find it and enter  into the acre devise to her and the son enter into the three acre devise to he  and against he the wife bring a writ of dower and make her demand of the three  part of the three acre and the tenant plead the detinue of the charter in bar  and that if she will deliver it he be and at all time have be ready to render  dower and she show the case as above by way of replication and to this a  demurrer and it seem that the plea above do not lie in the mouth of any one  except the heir of the husband nor for any land but for land descend and not  purchase nor for the heir although he be vouch where he come in as tenant by  receipt upon default of tenant for term of life if he be not tenant of the  land for he can say that he have be always ready to render dower if c and it  do not lie in the mouth of the guardian in chivalry for he can have a writ for  the detinue of the charter of the heir c also the plea be not a bar for more  land than the charter concern by h b pl where it be say by Newton that the  cause in law of such bar be because it may be that the charter upon be see may  make matter to bar the dower demand but of other land which the charter do not  concern the demandant be dowable and the tenant shall plead another bar also  the certainty ought to be allege in such case unless they be in a box chest  and bag seal or lock c and note that the defendant in the dower above be not  name heir by the demandant nor do he enable himself to have the plea as heir  and then the court be indifferent to judge whether he be heir or not as if one  who be incumbent be name in the quaere hinder clerk the court take he as a  disturber and not incumbent if he do not enable himself as incumbent or parson  imparsonee and note a default be find in the conclusion of the plea of the  tenant S because he say that he be yet ready to render dower and do not rely  again upon the condition S if the descendant will deliver the charter accord  to the ancient precedent in the book of entry so the dower be confess but the  print book have not this rely again lib Intr fol and at length S on the last  day of this term judgement be give for the demandant