coke b jehu web case mich James in the common plea a grant of the office of  the king Tennisplays in Westminster c shall be take to mean the tennisplays  for the king household and not simple for the tennisplay when the king himself  play in his royal person in a assize to recover the seize of such office the  plaint aver that the office be a ancient office but do not show that any  profit belong to the office upon exception take the plaint be hold to be good  in what case a assize lie by the commonlaw and in what by statute west c Vid  the entry   Entr pl Jehu web bring a assize against sir Thomas knyvet Knt Lord  knyvet John Freeburne and Roger roll de book property his in Westminster and  make his plaint de duty instructress to play pilar palmarium England the  office of the master of the Tennisplays domini king nunc in Westminster and  for his title say quod duty prd be antiquity duty in Westminster prd likewise  dominus king nunc Nov year by his letter patent c ex certan knowledge et mero  movement devoted to et to go away eiden Jehu bring duty magist to play pilar  tam infra palatium de west prd how alibi speech dom king nunc England habend  et gaudend prd duty eiden Jehu c durante tempore way Self Jehu c by force  whereof the say Jehu be seize of the say office with the appurtenance for his  life and that be take and receive the profit thereof to his own use until the  defendant wrongful and without judgement seize he c and the defendant plead no  wrong no seize and upon the evidence to the recognitors of the assize in this  term it be hold per totan curian that where the grant be in English of the  office of the king Tennisplays in Westminster c that this grant shall be take  in a reasonable sense that be to say the tennisplays for the king household  and not only for the tennisplay when the king himself play in his royal person  for the king be the bead of his household and therefore a digniore part the  tennisplays for his household may well be call the king tennisplays so where a  commission be make to take boy sing in cathedral church c or other place where  child be teach to sing to furnish the king chapel these general coke a word by  construction of law have a reasonable intendment sure that such boy as be  bring up and teach to sing to seek and get their live by it may be take for  the king service and it will be a good preferment for they to serve the coke  report b er p king in his chapel but the son of a gentleman or any other who  be teach to sing for his ornament delight or recreation and not thereby to get  his live can be take against his will or the consent of his parent or friend  and so it be resolve by the two chief justice and the whole court of  starchamber year Elizabeth in the case of one Evans who have by colour of such  letter patent take the son of Clifton a gentleman of quality of Norfolk who be  teach to sing for his recreation which Evans for the say offence be grievous  punish and in the case of bar diverse question be move in what case a a    light a a assize lie by the commonlaw and in what by the stat of Westminster  cap b Inst c b it be to be observe that at the commonlaw there be but two form  of writ of assize of novel seize sure assize de book property and assize de  communia pasture for his cattle c which be so c ibidem c necessary that  without it his freehold can not be manure and therefore it appear in ass pl  Edward ass Henry a and other book that d ibidem d assize de book property lie  of land rend and all other thing whereof a e ibidem e prcipe quod To give back  lie at commonlaw but of f ibidem f profit apprender in certainly loco the  statute of Westminster cap give a assize of novel seize in lieu of a quod to  let pass which be the remedy for they at the commonlaw before the say statute  as be to be see in Edward ass Edward ass Edward ass Edward ass c and in some  case the stat give a assize in case where there be not any clear and certain  remedy at the commonlaw for if one have not such profit apprender but for term  of his life it be hold that he shall not have a quod to let pass for they  because such writ be in the nature of a writ of right as appear in Edward quod  to let pass where in a quod to let pass battle be wage a by stat Geo c in no  writ of right shall the tenant be receive to wage battle nor shall issue be  join nor trial he have by battle in any writ of right a vide Edward Edward law  utrum f n b b c and therefore the stat say quod breve Assise to make new seize  locum to have a Inst a in more grammatical case how prius to have and first  the statute begin cum prficuis to take in hand to obtain by begging or To take  back in another solon c ut in kind of water fowl scilicet de estoveriis bosci  etprficuo capiend in bosco de b Inst f n b f b nucib et glandibetaliis fructib  in another eitan solon to obtain by begging which be example of profit to be  take in wood de c Inst c corrodio and of part thereof quo pertinent ad  vidumetvestitum scilicet coke b liberation grain ac another victuali ac  unavoidable as apparel lodging wash c in certainly loco annuatin recipiend  which be well explain by this word recipiend for a corody be proper to be  receive and estovers and the other profit to be take sure capiend et colligend  so the first profit be prficua capiend seu colligend and the corody c be  prficuum recipiend de d Inst Davis a   f n b g d tolneto et ut specieb the  same tronagio passagio pontagio e more e pannagio et haec comparison in that  which is fixed region to take in hand Tolnetum I e theolonium tex Grce et  Latin vectigal quod to say a to bear because prostrate de rebus quo vehi a  vehend commodity such diclum unde to say v ectores who vehu etBracton lib cap  numero si who to go away ankle freedom c quod theolonium et custom to take in  hand which be the word that the statute use sure copiendis infra freedom svan  de lie et to sell c vide Fleta lib cap et notam Bracton write in the end of  Henry the three father of king Edward I and Fleta write in the reign of king  Edward I who make the say Act and in the gospel of saint Matthew cap ringtail  for jesus to go over to see a human being sedentent ad customs post mark two  Luke v vide Edward assize No assize coke report a er p lie of suit to a mill b  for a assize do not lie for a service omit so it do not lie for homage h b nor  of a bridge not repair or a like nonfeasance roll ab assize l nor do a assize  lie for not scour a ditch by which the land be surround ib assize do not lie  of a annuity or pension h b nor of a rend reserve out of tithe only hold v  smallbroke Vaugh Com dig assize b but assize lie of estovers although the wood  be stub up so that there neither be nor can be wood again Cowper v Andrews hob  vide booth on real action Fitzherbert nat short catalog b but a writ de seat  ad molendinum but of the toll of a market a assize lie and so of the toll of  of a mill vide h b for a assize do not lie for a service omit so it do not lie  for homage h b nor of a bridge not repair or a like nonfeasance roll ab assize  l nor do a assize lie for not scour a ditch by which the land be surround ib  assize do not lie of a annuity or pension h b nor of a rend reserve out of  tithe only hold v smallbroke Vaugh Com dig assize b but assize lie of estovers  although the wood be stub up so that there neither be nor can be wood again  Cowper v Andrews hob vide booth on real action Fitzherbert nat short catalog Q  I e Poizage title assize send for so of toll through toll traverse and toll  turn and all these a man shall have in his own land and yet he be seize of  they shall have a assize of they Tronagium be species tolneti et to say a  trona which signify a beam with which thing be to be weigh et particularly  tronagium to drive out debet de weight spin wool etvesagium I e Poizage to  drive out debet de commodity as appear by record in the treasury hill Edward  Lincoln number but the one be often take for the other and it appear by Fleta  lib cap which be write in the time of e in which time the statute be make that  trona signify a beam Passagium that be proper a ferry for the passage of man  and cattle over a water for which the owner have a toll for if a man have  passage in the barge or vessel of another to the church or elsewhere it be not  any profit but a easement whereof no assize lie as it be adjudge in e ass and  Edward ass and ass pl a assize de novel seize do not lie of a a Br assize Br  chimin Br Pleint in as Fitzherbert ass Pannagium a way c assize lie of a way  appendant or appurtenant though not of a way in gross Fitzherbert nat brey c  because it be but a easement and no profit to be take no one prficuum  recipiend as the statute speak b Davis a b Davis a b Pontagium pontage be a  toll for passage or carriage over a bridge and thereupon it be call pontage as  appear Edward ass and f n b and register king collector c pontag in villan de  S r coke a pannagium d Pannagium be proper a liberty for hog to feed on acorn  c note to former edition Vid more d be a toll for the pave of a city or a  causey or a way as appear in Edward assize f n b Reg and in old time it be  write pavagium or pauvagium or pavigium and by corruption pannagium sure nn  for vum c the statute go farther ethis like as for c Dav a b c murage sure  toll for make of a wall for safeguard of man in time of war or tumult as  appear in the say book of Edward and f n b register Cranage d die pl d be a  toll for draw of merchandise out of vessel to the wharf c and so call because  the instrument be in the form of a crane vide dyer Elizabeth and the book of  entry so of stallage e day b e picage wharfage anchorage pedagium a pede  dictum quod a to go over to loosen de f f n b f post a Inst f duty sure watch  boscorum parcor firestarum chacearum warrennarum a city et other bailiff et  officits in Jeodo jacel de cotero assisa nome disseizince which word de ctero  have persuade diverse that a a assize of a office do not lie at the commonlaw  and so be some opinion in Edward ass and that no assize by the statute lie of  any office but of a office in g Inst g fee because the assize come in lieu of  a quod to let pass which none can have at the time of make the Act as have be  say but tenant in fee vide Edward assize and Edward ibidem but it appear by  our book that a assize lie of a office coke report b er p ut de a f n b f Inst  Com dig ass b a book property at the commonlaw for of all that a prcipe quod  To give back lie at the commonlaw a assize lie Edward b in Henry de Parker  case a writ of entry in the per and who de Balivar to watch sparing de  Charkell cum appurtenance and Edward b a the bishop of Salisbury case a writ  of aiel de Bedelria hundredi de Cademinster et notam there dictum stoufe  Edward b send for and Edward view ad boundary who prterit bring de Bedelria de  Soke of Winchester and exception be take that it be a profit issue out of no  freehold et non allocatur b   light a roll   b Nevil case b Edward a a  formedon of the office of sergeant in the cathedral church of Nichol vide c  post b b Br Prcipe quod To give back c h a h b d Br assize Br plaint c d ass  pl e Br Proecipe quod To give back e ass pl h the statute say office in fee  yet a assize lie of a office although the disseizee have but a estate for f  Inst f life for the statute be make as to that in affirmance of the commonlaw  as in ass pl duty g Fitzherbert assize Br assize Br plaint c g S h b the  office of h Fitzherbert assize Br assize h pack of clothes c and if the office  of sheriff be grant for life a assize lie of it Edward a b the office of one  of the I Br assize Fitzherbert assize I clerk of the crown in the chancery  Edward assize assize of the office of the beadle of the hundred honour of  Westminster and Middlesex and Edward assize and ibidem Edward coke b the  archbishop of Canterbury by deed devoted to John Porteriam cur sum  cantuariensis which grant be but for life and yet a assize lie Edward b a  assize of a office king Fitzherbert ass king in the common plea h dyer and  mark dyer a assize lie of the office of a l die pl pl godb die pl brown lev l  philizer in the common plea and the post where be sit shall be put in view  mark dyer assize lie of the office of the m Inst m register of the admiralty  which the plaintiff have for life note although the proceed in that court be  accord to the civil law yet the office be determinable by the commonlaw so of  a register of the consistory of a bishop h Br grant assize lie of the office  of steward bailiff or receiver of a manor and all this be mean of office of n  Inst Com dig assize b n profit and not of a office of charge and no profit as  it be hold in Henry and Edward I assize vide Edward b and where some say in  the time of Edward as be aforesaid that a assize be give by the say statute in  lieu of a quod to let pass there be oh Inst oh no writ in the register of a S  of a office and yet I have a register of Henry which be long before the say  Act and I conceive that no writ of quod to let pass lie of a office because a  prcipe quod To give back lie of it as before be say and therefore a man shall  have a assize of a office ut de book property at the commonlaw and the statute  as to office be but a declaration of the commonlaw as have be say and to  remove a doubt which then be and so the say word to be thrown or cast de ctero  c be to be intend that to be thrown or cast de ctero without difficultate and  it appear by the principal case at bar and by the say book of office in the  chancery king bench and common plea that although the court be removable in  which the office be yet if they be in a certain place at the time of the seize  it suffice for the word de prficuo in certainly loco capiend extend to  estovers c and not to the clause of office vide Edward and the statute say in  omnibus say in addition to grammatical case modus consuet fiat breve de book  property so that now of all profit apprender in cerrito a Inst more Mod a loco  the writ shall be de libre property e so in a assize of tithe the writ shall  be general de book property and the count special dean and chapter of Bristol  v clerk dyer for when a man have a special remedy at the commonlaw provide for  by writ in the register which serve only for one case and for one thing and  afterward a like remedy be provide by the statute in another case and for  another thing than there be any help for at commonlaw the general writ frame  shall serve in the new case and the special matter shall be show in the count  unless a special writ be express provide in the statute and so also in a  assize by a tenant by elegits statute c the writ shall be de book property ib  e and the old coke report a er p writ be give in a new case and therefore in  ass pl the writ be general de book property and the plaint de quatuor  promontory saliceti that be four acre of b Fitzherbert plaint Br assize Br  plaint c b willow and to have reasonable estovers in one hundred acre of wood  sure housebote and haybote and the plaint be challenge because the plaint  ought not to be de quatuor promontory saliceti but terr or prati because the  plaintiff have join in one plaint two freehold one sure the four acre of  willow at the commonlaw and the other sure the estovers by the statute sure  coke a the statute of Westminster c Inst c c cap et non allocatur and there it  be say quod thither termin a plaint of two rend service be adjudge good for  book tenement although it be in the singular number yet be nomen proceeding by  inference vide d Br assize b plaint c d ass and the statute further say et as  prius to be thrown or cast et locum to have in come pasture ita de ctero locum  to have in come to make an uproar fishmonger et other come haec similib quas  quis to have reach ad book tenement well etian without tenement per special  factum ad minus ad boundary vit and the reason wherefore a as I e la at the  commonlaw of common of pasture and not of other commons be because there be a  special writ in the register for common of pasture and not for any other  common and in dieb strike against they hold themselves e Inst e strict to the  form and order of the register which be mention in the statute of Westminster  make Edward cap f Inst c f vide tempt r grant a man shall not have a writ of  assize quod disseizivit the dawn de book estoverio and yet Bracton hold f quod  g Inst g locum to have assisa de where you will communia reach ad book  property know communia pasturce turbarice c and Henry assize that a assize lie  of common of Inst piscary c and these opinion have great probability of reason  but because there want a writ for they in the register for that cause before  this statute a assize do not lie of they but a quod to let pass and it appear  by Bracton fib tract de exception cap fol who write a little before the make  of the say Act that original writ can be a Inst   light b a change but by Act  of parliament for there he divide writ into three branch are qudam short  catalog to shape id be original seu de lesson which as appear there be first  form and make by authority of parliament qudam judicialia ex the dawn id be ex  original sequential e a certain magistralia queen nec are de lesson nec to  shape id be de aliquan certan form et scepius variant secundum variety  casuumfactorum et querelar as be action on the case action of deceit  prohibition c which have not any certain form c and of writ or original form  or of course Bracton write diverse remarkable thing b   light b b breve indeed  sum sit to shape ad likeness petty king law because shortly et auci word  thought preferentis to put out et explain as regulan law remember queen be  shortly describe c are c ibidem c qudam short catalog to shape sub that which  is fixed grammatical case de lesson et de common council all royal power  concession et approbate queen indeed nullat enus to move goblet without  general consensus etvoluntate the dawn by which it appear that writ form and  of course that be original be at first authorize by parliament and without  parliament can be coke report b er p alter or d Inst   light b d change and  therewith agree our book for inasmuch as the original writ of Assise ultim  coke b prsentationis be form in these word quis counselor tempore peace  prsentavit ultimam mask qum corpse be this form shall hold and can be change  although the incumbent resign as appear in Edward assize de Darrien  presentment c and f n b h also the writ of warrantia chart be frame in these  word quod just c warrantizet b One messuagium in d c unde paper to have c and  yet if he be bind to warranty by force of a exchange or by e die pl h a Br  general brief c in medio Br general brief c e b f n b f and e homage ancestral  the form of the writ shall not be alter Edward b f Br Warrantia chart f h a c  Fitzherbert nat Br and many other case may be put upon the same ground also  Bracton further say communia short catalog inter all men pro jure generally to  watch to withhold cum are original et act origin prstent and therewith agree  Fitzherbert in his Prface to his nat Breviium in every art and science there  be certain rule and fundamental to which a man ought to give credit and belief  and which he can deny in like manner there be diverse rule and fundamental in  the knowledge of the commonlaw of the land to which a man ought to give credit  and belief and not deny they which be very necessary for those who will  understand the say law especial at the beginning for upon those g   light b    a g foundation the whole law depend for which cause in time pass a very  profitable book be compose call the register which contain diverse principle  by which he shall be well instruct who will understand the say law and that be  the reason that forasmuch as there be no original writ form of assize of novel  seize of common of turbary piscary c but only of common of pasture for that  reason no assize of novel seize lie of they before the say statute of Edward  and with Bracton agree Fleta which book be write a little after the say Act of  Edward to say short catalog cum to be to shape ad likeness regular law queen  breviteretpaucis word intent preferent to put out et explain as regulan law  remember queen be short catalog describe c et are queen dam short catalog to  shape sub that which is fixed grammatical case et qudam de lesson queen  council all royal power are bee to make good queen indeed to move non goblet  without the same contrarian will are et short catalog ex the dawn following  queen to say judicialia and whereas afterward at the same parliament of  Westminster Edward a Inst c a c it be enact et b Inst b quotiuscunque de ctero  to come out in cancel quod in to make one grammatical case discover breed et  similar things grammatical case to fall sub eoden jure et like indigent remedy  non red die concordant clergyman de cancel in breed to make well attermine  gucerentes in neighbor parliament et to scratch casus in who to agree non coke  a possuntetreferant eos ad neighbor parliament et de general consensus law to  pass away fiat breve ne to touch de ctero quod curian domini king to withdraw  to complain in the whole of the laws perquirend and the preamble of the say  that chapter be consonant to the conclusion de ctero non c Inst c to go back  to express grief a curian king without remedy by force of which Act the writ  call the writ de entry in similar things grammatical case be form by the clerk  of the chancery as it be adjudge in e entry which be give in the same age that  the say Act be make and f n b f vide e note reader at the time of the make of  the say Act as it appear in Fleta lib cap the clerk of the chancery which be  mean in the say Act be grave wise and circumspect man swear to the king and of  profound knowledge in the law and custom of England for the word of the book  be be inter ctera a certain duty to say cancellar quod man prophetic et see c  full dignitalis debet commttli c who associe clergyman distinguished et worthy  of consideration lord king being under oath who in law et custom England  notice to have full c and the writ which they form be call d Inst d short  catalog magistralia because these clerk for their knowledge be call  instructress porter as those who write short catalog de lesson be and yet be  call cursitorii and as the writ which coke report b er p the cursitors write  be call short catalog de lesson so the writ which the master draw in difficult  case be call short catalog magistralia but when such clerk so know of the law  fail then the judge in many case give allowance to ancient form of writ and  drive the party to make a e f n b b c e special count when the writ do warrant  the count in substance although there be variance in circumstance as in the  say case of darrein presentment and f and f n b e b Br gentleman brief c h a e  b h a Br gentleman brief c in medio f warrantia chart and many other the  substance of the one be the avoidance and death or resignation but the  circumstance and in the other warranty be the substance and the manner of it  but the circumstance but when the case will not hear it as in assize de  communia pasture he can make his plaint of common of piscary turbary c then  ultimum refugium be to refer it ad neighbor parliament as the statute speak  notam reader in the say statute of Westminster cap a little before it be say  et in registro de cancellar non be invention some breve in S grammatical case  not general and therefore the statute provide remedy in it by which appear  also the antiquity of the a   light b b a a register which be as ancient as  original writ the antiquity whereof see in the preface to the three part of my  report and in the principal case exception be take to the plaint because in  his title be say coke b quod duty predictum be antiquity duty in Westminster  predict whoever it be predictus dominus king nunc etcetera per litter urge  patenes etcetera to go away eiden Jehu duty instructress to play pilar  palmarium etcetera habend idem duty eiden Jehu durante vita svan etcetera and  do not show that any profit belong to the say office and a man shall not  maintain a assize of a office without profit as the book be in b h a before a  Br Prcipe quod To give back b h but it be answer and resolve that the plaint  be well enough for true it be that of a office of charge no assize lie as it  be hold in ass pl e and h and ass pl c Fitzherbert assize before a Br assize  Br Pleint c c there assize be bring of the office of reaper of the manor of d  cum pertinent and there share take a difference between a ancient office and a  new office for in a assize of a new office first erect and appoint there the  plaintiff ought to show what fee or profit be grant for the exercise of it for  it can have a d Cr car d fee and profit belong to it as a ancient office may  and there Burton say that their opinion be that if a man make plaint of the  office and of the profit the plaint have abate for by the recovery of the  office the fee and profit as parcel of it shall be recover and therewith agree  the book in e b where in a assize of a e Fitzherbert office deal court  Fitzherbert Pleint Br Pleint c e office in the common plea he make his plaint  of the office and fee and wage and commodity and choke except against it  because he complain of one thing twice sure of the office and of the fee Jenny  who be of counsel with the plaintiff we have amend our plaint for it be but of  the office with the appurtenance Pigot then the plaint be not good for a man  shall not maintain a assize of a office without profit and the court hold the  plaint good as to that and therewith agree Edward f before a Fitzherbert  assize Br assize f h b Edward a b and it be to be know that if a man be seize  of the whole office he shall have a assize de duty cum appurtenance g Br  assize Fitzherbert assize before a g but if he be seize of parcel of the  profit he may have a assize of these parcel only h b Edward plaint if a man  give I the keep of his park take twopence per diem and a robe the plainshall  not be of the office or keep if I be not seize of the whole office but if I be  seize of the robe or fee the plaint shall be only thereof and Edward assize a  assize of novel seize be bring and he make his plaint of a profit apprender  for the keep of the park and wood of Preston every day of the year a penny  halfpenny for his poulterer and coke a a robe and the assize be maintain and  there Scrope hold that if I have a corody to take four loaf and four flagon of  coke report b er p ale in the week although they be but one corrody and one  freehold yet if I be seize only of the bread I shall not complain of both sure  of the ale and the bread but only of the bread otherwise my plaint shall abate  but if I be seize of two of the loaf only I shall make my plaint of all the  four loaf with which agree a before a b Fitzherbert assize Br assize a h b and  ass pl assize be bring of meat and drink as appurtenant to a office and in the  principal case at bar the assize find for the plaintiff against Roger roll in  dvobus spheristeriis England tenniscourt quorum One voice the close  tenniscourt et one voice the break in Westminster prd and assess damage and  cost and acquit the Lord knyvet and John freeborn of the seize of the office  aforesaid therefore to look at closely be quo dpredictus Jehu recupere  seisinam svan versus prfatum Rogerum de duty predicto in preceding dvobus  sphmristeriis per look recognitorum assisce predict with damage and  costs etpredictus rogerus in pity et preceding Jehu in misericordiapro falsely  warcry his versus prfat though knyvet et Johan freeborn eastern quod Self de  disseizina predict superius acquietati to step out etprmdict Thomas et  Johannes freeborn to go ind without die etcetera and it be to be know that at  the commonlaw the assize be remedy maxim hasty et maxim beneficiale hasty for  therein the defendant shall not be b roll   b   b h b Inst h a b essoigned nor  cast a c h a Inst Plowd Br protect   light a c protection also the defendant  shall not pray in d Inst h a h b d aid of any but only of the king neither  shall be e Inst f n b c roll Plowd b Br voucher h a e vouch a stranger not any  party to the writ unless he enter present into the warranty the same law of f  Inst f receipt also the g Inst g parole shall not demurrer for nonage either  of the plaintiff or defendant and in many other respect the assize be postea a  Inst remedy maxim hasty it be also maxim beneficiale for in no action at the  commonlaw a man shall recover the land itself and damage but only in a assize  against the seize vide the statute of Gloucester cap and in some case a man  shall have a assize of novel seize at the commonlaw when be himself be seize  of the freehold of the land as where the lord c do of ten distrain h f n b  Inst assize Br assize ass Br assize   b   a Com dig assize b h that the  terretenant can manure his land in that case the terretenant may have a assize  and the writ shall be general but he shall make a special plaint that the lord  c do coke b often distrain c and the judgement shall not be quod to express  grief recupere seisinam property predictorum for the plaintiff himself be  seize of the freehold but the judgement shall be that he shall have and bold  the land without with many folds distriction etcetera so in grammatical case  quo quis to cause to eat beyond separate the terretenant shall have a assize  by the commonlaw and the statute of Westminster I Inst c I cap be but a  affirmance of the commonlaw for in the same manner he shall have a assize for  fish in his several piscary or turbary and the writ shall be general as appear  by the statute but the plaintiff in his plaint ought to show that the  defendant claim common of pasture in his several ground with his cattle c and  the judgement shall not be that he shall recover the seize of the tenement c  but that he shall have and hold they in severalty for the plaintiff himself be  in seize of the freehold and therefore he can make his plaint to be seize of  his freehold for it be not so and then the judgement will not pursue it vide f  n b b ass pl and ass pl Westminster cap coke report a er p