babington against Sheldon wood belong to a abbacy annual sell in parcel and  the produce pay into the hand of the abbot hold to be for the purpose of  hospitality within h c and a lease of it grant within a year before that  statute therefore void a termor can plead assisa non but shall justify under  his lease conclude that so he be in sans tort or plead no tenant of the  freehold name in the assize if the fact warrant it a abbot within the year  before the parliament of h make a lease under the convent seal for dyer a term  of year of a wood contain four hundred acre for a rend which wood be seven  league distant from the abbey and be a usual and saleable wood every year by  parcel by a common uvoodward and of the money arise from it he render account  at the audit and no fuel be carry thence for the house of the abbey for it be  always sell but be never in lease before for the space of twentyfour year nor  long before but reserve and retain in the hand of the abbot c whether this  lease be within the purview of the statute h c to be make void by the clause S  which have not be common use to be set anal let to ferme before the say lease  but keep and reserve in the manurance tillage or occupation of the governor  for maintenance of hospitality and good housekeeping c be the question upon a  demurrer to the evidence in assize by babington against Sheldon where the  issue be join in this form S that the wood be not common reserve in the  manurance of the say abbot c for maintenance of hospitality and good  housekeeping in mariner and form as the plaintiff have allege and of this he  put himself upon the assize and the say plaintiff cloth so likewise c and by  the opinion of the great part of all the judge Trin James b r rot coke v  Newton a judgement be give in the court of Ipswich and error be bring on it  and the record be remove into bank and the certificate be record which follow  in these word plea in the court of our lady Elizabeth late queen of England  where late ought to have be omit for it be the record die word in vet bum and  then in the time of queen Elizabeth the record can not be of the late queen  unless it suppose another queen and so error and the judgement be reverse and  often afterward this judgement be affirm for good law Trin b r between foster  and brown a indictment be quash because it be say therein of the late king  when the king at the time of the indictment be live Trin f b dyer b er p of  assize of England for that purpose assemble this lease of the wood as above be  within the purview and intent of the act although immediate it be not spend in  hospitality for it may be reserve n store by the governor of the house for  such purpose although it be not employ in it in fact but the opinion be that  the issue be insufficient and misjoined above and also the lease for the term  of year above with conveyance of the reversion to plaintiff in fee be plead in  bar with the conclusion of judgement whether the assize c et non allocatur per  all men without conclusion of issint eins sans tort for he can be only a  termor plead in bar of the assize any more than a seize or bailiff c for his  plea shall be no tenant of the freehold name in the assize c