burst v mallory et elsewhere on a glory replevin to the sheriff of London  return of a custom ratify by parliament to repleuie in the sheriff court there  and not by the king writ be bad and attachment grant against the sheriff a  pluries replevin issue out of the chancery returnable in the bench this term  at the suit of one burst a citizen of Exeter for certain good and chattel take  in London by mallory knight late mayor of London and other and the writ be  return by the sheriff of London and the effect of it be that the custom within  the say city from time whereof the memory c be such that whensoever any good  or chattel by the law of the land replevisable be take there that then they  ought and be accustom to be replevied only by the minister of the sheriff of  the city for the time be by virtue of a plaint levy in the court of our lady  the queen and her progenitor before the sheriff of the say city and not by  royal writ issue out of the court of chancery and the custom be ratify and  confirm among other by the authority of parliament in the a that year of  Edward and also that they be hound by their oath to observe the custom c  without violation wherefore they can nor oughtto make dyer execution of the  writ c and by the opinion of the judge of both bench this return be  insufficient and another writ of pastry replevin be award to the now sheriff  and process of contempt to attach the late sheriff c and afterward the matter  be compound big see the like in the that has arisen by birth to have you h b  pl and the end of this matter in the that year of h in hill term rot where the  mayor and commonalty of London come and affirm the return and the custom  aforesaid see the statute of Marlberge c it seem that at commonlaw the sheriff  can make replevin without writ and note in the principal case that the  plaintiff have deliverance of his good at last and by their attorney a non be  shape be enter and by a writ of inquiry of damage find by a jury of London  only forty penny damage but quaere well whether the defendant have a day in  court to plead upon the glory replevin the writ be return in such form to the  justice of our lady the queen we certify whereas it shall have be to the  justice name in a writ to this schedule annex bendl fol cap a Benl in the  return at length have quint Decimus but no such act be in the statute book by  e c great Charta be confirm which c confirm the custom and liberty of London  and so do e saint c dyer b er p a feme sole have acknowledge a fine before  commissioner marry before the day in bane yet the fine be good a feme sole  acknowledge her right to her land for the levy of a fine before commissioner  by a dedimus power at which time the writ of covenant be pen as it ought and  at the day in bane when the record of the final concord shall be make she be  covert of a husband and notwithstanding this the fine be record and engross as  levy by a fame sole whether this fine shall bind the husband or not be the  where and many of the judge hold the fine good because the take of a husband  be after the testae of the writ of covenant and of the bedim power and also  the conusance make which be the act of the woman and so the fine good but the  death of either party which be the act of God and the writ by that abate  dissolve the whole so a diversitysed quaere but it be hold without doubt that  a release of the husband to the conusee of all his right make all clear for  the wife and her heir stall be bind for ever this case be the case of the Lord  keeper of the great seal lease for twenty year by tenant in tail to commence  at mich follow be good tenant in tail make a lease for the term of twenty year  render the usual rend the term to commence at the Feast of saint Michael then  next ensue brown and Weston hold that this lease shall not bind the issue  because it do not commence at the time of the make of the lease accord to the  proviso of the statute h c but other think otherwise for the intent of the  maker seem to be that the lease shall not exceed the number of twentyone year  from the time of make the demise no more do the other lease above therefore  quaere dyer hilary term queen Elizabeth