Barthe and the duchess OF SUFFOLS case the queen licence a to go beyond sea  for a certain purpose provide that if he converse with fugitive the licence  shall be void by privy seal she command his return the messenger be by all be  servant prevent from deliver the message and certify it and a converse with  fugitive into chancery which be send to the exchequer and his land be seize  saint this certificate be not traversable for the matter be out of the realm  can be try by a jury idle the licence be not revocable be for a time certain  dly converse with fugitive do not make it void abnitio note that the statute  Elizabeth c Liz c for land good and chattel of fugitive and their return upon  proclamation be all utter discontinue by the death of the queen and now we  must rest upon stat r saint c rastal title passage arrival and that the privy  seal ought not to be upon a departure there and if a commission of seizure  issue out of the exchequer upon proclamation and return within six month that  all this be void and a sbpersedeas ought to be award as for lady Basset in the  case of sir Robert Basset her husband where the opinion of diverse be and of  Henry Altham that the king have by seizure can grant copyhold nor hatch but  the vesture of the land as in the case of outlawry notwithstanding the case of  sir Francis Englefield post b which see and there for a guardian in socage may  grant copyhold by judgement now queen mary on the first of may in the first  year of her dyer a er p reign at the request of the marquis of Winchester and  Mr Bartue who have espouse the lady Catharine duchess of Suffolk the widow of  Charles duke of Suffolk executor of his will for the recovery of certain debt  due to the say duke in part beyond the sea grant licence under her privy  signet for such purpose to the say Bartue to depart out of the realm and there  to stay until he have recover his debt with this proviso that if the say  Bartue during his abode beyond the sea shall have any resort to any of the  fugitive out of the realm or shall repair to any country at enmity with this  kingdom then the virtue of the say licence shall cease c and by virtue of this  he depart out of the kingdom to the country of Germany in the dominion of the  palsgrave and within a short time afterward the duchess his wife repair to he  secret without licence and the truth be that the cause of their departure be  for their religion during which time of their abode there the queen send one  bret a messenger with letter under the privy seal direct to they strict  command they upon their faith and allegiance to return immediate into this  kingdom which bret come to a castle upon a hill near a city of the say  palsgrave in Germany call Winhame where the say duchess and Bartue be but by  the repulse and defence of their servant and alley the messenger can not  approach to they to deliver his letter but be there by their servant and alley  ill treat so that he return back with his letter and upon his return he make a  full certificate in chancery with a report of all his journey and of the  contemptuous demeanour which be use towards he in which he also declare that  Barlow late bishop of bath and other fugitive be there in the company of the  say duchess and that he have speak with they concern the duchess who much  desire to know whether they be letter or process which he bring and upon this  certificate send by mittimus into the exchequer dyer a commission issue out of  the exchequer to certain gentleman of the county of I`incoln recite the  departure of the say duchess and Bartue and their adherence to the enemy and  rebel of the say queen and also the say command to repair back into this  kingdom but that they despise those command on their faith and allegiance  aforesaid do not take care to return into this kingdom in contempt of the  queen and against their faith and allegiance c upon which they be command by  the say commission to seize into their hand by the oath of good and lawful man  or otherwise all good land and tenement c and to return the rend of the say  land into the exchequer c which be do accord until their return now within  this year since which time they have tender a traverse in the exchequer to the  contempt with a averment that they do not adhere to the fugitive c allege  first their licence with a averment that their suit for their debt to be  recover be not yet determine c whether upon this matter they shall be restore  to their land and good without a fine for the contempt be much doubt and  debate among the judge and by the better opinion it be conceive that the  certificate of the messenger record in chancery and send by qnttttsinto the  exchequer in which the prince also record a contempt and refusal to come into  this kingMom ought to be credit as true and no traverse by law can be take to  it because it can be try by any tousle of the kingdom but quaere whether the  messenger ought not to be swear which do not appear as one who make a  affidavit of the service of a subpoena also by the better opinion it be think  that the breach in the proviso in the licence by repair to and be conversant  with the fugitive have no relation to make the licence void ab tnitto as some  dyer b er p condition do because the word be that then the virtue of twice  cease shall cease which ought to be take only from thenceforth also it seem by  the better opinion that the licence which be grant for a time certain be not  courtermandable or revocable by the prince see the like of this h beneficiary  and use before h devise that a b and c his flee shall sell his land a die the  survivor can sell hill Elizabeth a b between Vincent and leigh cro Elizabeth  more Leon the case be a man devise to his son in tail and if he die without  issue that the four sonsinlaw shall sell and distribute the money to his  daughter the son die without issue one of the soninlaw die and afterward the  deviser die and it be adjudge that the soninlaw who survive may well sell for  it appear that his intention be to advance his daughter and a difference be  take where they be name by their proper name and where not beneficiary and use  before the statute in fee will by his testament that a b and a his feoff shall  suffer his wife to take the profit of his land during her life and after her  decease that the premise shall be sell by his say feoff and the money  therefrom receive that the feoff shall pay to certain person and to certain  intent prescribe the testator die a die and the wife die bother b and a the  survivor nary sell and it seem not and so it be rule but dance if they have  not be name a b and p c but feoff only see h b pl No cost shall he have on p  Sz m c although the jury assess they whether upon this statute judgement  against the defendant shall be quod to take in hand or in msericordia dyer  Trin Elizabeth b r error by partridge v wilcocks cro e more upon a judgement  in c b upon the stat p m where the case be wilcocks and four other distrain  one hundred of partridge sheep for damage pheasant and each of they impound  twenty in five several pound and partridge sue they by a writ and well upon  that statute and recover forty shilling which forty shilling be Triple against  each of they and also five pound against each of they for the forfeiture give  by this statute and it be hold by the justice in c b that each offender shall  forfeit five pound and that the damage shall be Triple against each and that  if the severance of the distress be not in several liberty so that one  replevin will serve for all no action lie upon this statute and by Anderson  that if one act against the will of the other he only be punishable and by  spurt if the five have be commoner in the land where c they may sever the  distress c for it be a several tort to they to which no answer be give but now  ir b r by Popham Clench and gawdy that it be error for the damage shall be  Triple only once against all the defendant and one forfeiture of five pound  only for all for it be a joint offence the take and severance be by their  agreement and the statute shall be intend of several offence for the  forfeiture of several five pound and not of several offender and a joint  offence and by Penner that it ought to be several action against each and  after that gawdy on take up the statute seem there to doubt more and to alter  his opinion and therefore the court command and give day to search the  precedent and so it rest salk Cowp and see ib black term Rep term Rep note  that this term judgement be give in a faction find upon the statute of the  saint and sd of Philip and e mary c for chase a distress out of the hundred  and county where it be take S that the plaintiff shall recover one hundred  shilling which be the forfeiture contain in the statute and Triple damage  accord to the statute but no cost although the jury at nisi prius in Essex at  the last assize have assess cost and whether the judgement shall be quod  defendens to take in hand c or in pity be doubt and it be stay till the next  term dyer b er p therefore quaere thereof a aid ante b note a and cro car Com  dig Bac ab a but a precedent be see for the cost expend as above about the  that and that year of Philip and mary on a false return of a panel by a  sheriff that it divas array by his predecessor the party may challenge it for  cosinage notwithstanding the return the sheriff return on a venire facias in a  plea of land that that writ be so execute and endorse by a b late sheriff his  predecessor with the panel where in fact that panel be make and array by  himself the now sheriff the party may challenge this array afterward for  cosinage or affinity of the sheriff and this shall be try by two triors  notwithstanding this false return which see mich h rot