coke a dorm case pasch Elizabeth in the king bench a common recovery be have  on a writ of entry in the post among other thing of one yearly rend or pension  of four mark issue out of a certain rectory and advowson upon which a writ of  error be bring and the judgement be affirm and resolve a common recovery be a  common assurance and be not to be compare to a judgement or proceed in any  other real action the writ be good for there be not any uncertainty one of two  several thing be not demand coke report b er p but one thing only the law take  knowledge of common recovery and the judge ex duty without allegation of the  party shall take notice that they be have by consent of the party for  assurance by special consent of the party reentry may be for default of  payment of rend without demand of it SC Poph Jek cent William dorm esquire son  and heir of Jeffrey dorm bring a writ of error on a judgement give in a writ  of entry in the post on which a common recovery be have in the common plea  between John Crooker and George York demandant and the say Jeffrey tenant of  the manor of Farninghoe cum appurtenance sex mesuagiis sex cotagiis dvodecim  garden acre of land acre of meadow acre of pasture acre of wood acre of more  and heath and S rend in Farninghoe and of one yearly rend or pension of four  mark exuntde church sive rectora de Farninghoe in come Northampton and of the  advowson of the church of Farninghoe the word and of the advowson of the  church of Farninghoe be omit in the former edition which be clear a mistake  Vid infra p b they occur in the report of this case by Pepham who state that  one of the objection to the recovery be that demand be make of the advowson of  the rectory and also of a rend issue out of the same rectory a and that the  tenant vouch h the common vouchee and judgement be give therefore to look at  closely be quod predict georgius Johannes recupere seisinam svan versus prfat  Galfridum de manor tenement return prtvd cum pertinent ac de vent Poph Mod Rep  roll Rep   a jenk cent Cr car postea b raym roll Rep advocalione church prd et  quod idem galfridus to have de terrae prd Henry the vouchee ad strong c in  this record diverse error be assign because the writ of the entry be de to  make one one year old To give back sive pension quatuor marcar exeun de church  sive rectoria it be say that this be erroneous for two cause because a pension  be proper a sum demandable in the Poph a ecclesiastical court and a rend be a  thin g demandable by our law the demand of rend or pension in the Poph b  disjunctive be utter incertain and every prcipe ought to be of a thing certain  for although the grant be in the disjunctive the prcipe in a writ of annuity  shall be of a thing f n b h   light a certain vide e   a postea a c annuity e  and see in report sir r wland   a d Heywards case but otherwise it be in  assize vide e assize ass pound ass e variance Alternaliva petitio non be to  hear another error be assign that a writ of entry in the post lie coke b not  of a advowson as appear by the statute of west Inst c e cap e h a no more than  of common of pasture e h a but the judgement be affirm by the whole court jenk  cent Poph postea a   b Cr car f and in this case four point be resolve that a  common recovery be not to be compare to a judgement or proceed in any other  real action for three cause because it be now by usage and custom become a  common assurance and conveyance of land c for it may be aver to a use and if  tenant for life suffer a common recovery it be a Popham   a Leon Leon c Anders    light a a more Vaugh Brownl roll Rep   a   b g forfeiture Vid ante n p  pelham case   a b that it be have by mutual consent of the party   light a a a    b roll Rep Bulstr h consensus to lift error e coke report a er p the  demandant and tenant consent that two godb e b I of the four in the writ of  right shall be esquire where by the law they ought to be knight and well  because by consent e b trial of godb roll Rep raym king villeinage alter from  the natural trial by consent h b plead of a feoff in Doct pl fee on condition  without deed and reentry be good if the other party confess the condition e  office de court if be swear and one depart godb l another of the panel by  consent may be swear and with the give verdict I h the court in a quare hinder  by consent may give long day than be limit by the stat of marlebridge h stat  de Marl c Inst h the stat of e and e e c pound e c provide that neither for  the great seal f n b d m or petit seal justice shall not be delay yet when the  matter do concern the king only if he command it it may be stay f n b b h a  tenure may be create at this day by consent of all notwithstanding the stat of  because buyer terrar e die by special consent of the party a palm godb roll n  reentry may be for default of payment of rend without demand of it accord  where a lease contain a proviso that if the rend be in arrear for twentyone  day the lessor may reenter although no legal or formal demand shall be make  the court hold that the rend have be in arrear for that time a ejectment may  be maintain without actual reentry and without any demand of rend do v master  barn Cress SC dow Ry and with send for Goodright v cator dougl smith v do  price SC Brod bing c and diverse other case be put where consent of the party  shall alter the form and course of the law otherwise no assurance can be of a  Mod Rep vent Poph roll Rep jenk cent a advowson jenk cent Poph b commons in  gross Vid lever v hosier Mod Mr Pigott recoy remark that the position that a  common recovery may be suffer of a advowson upon a writ of entry must be  understand of a advowson appendant to a manor but can not be of a advowson in  gross since the parson have the freehold and therefore it ought not to be by  writ of entry in Le post but by writ of right of advowson in Bailey v  university of Oxford will it be hold that a common recovery may be suffer of a  advowson in gross and a small quantity of land on a writ of entry sur seize in  the report of the case it be state that upon search for precedent sixteen be  find where recovery of advowson in gross and a little land have be suffer upon  writ of entry sur seize in Le post and no case be to be find where such  recovery be ever hold bad the court refuse to hear any argument against the  recovery and say if this be res integran it may not be right perhaps yet quod  become non to withhold factum valet Vid cruise rd edition d c to bar remainder  or reversion expectant on estatetail the same law of common of pasture  franchise liberty and privilege as to have felon good c waif stray c et  spenumero need bind common feature law quod relative be thread be as if two  jointtenants Br Jointenants c be of land to they and to the heir of one of  they they shall not join in a writ of right but two jointtenants to they and  to the heir of one of they of a advowson shall join in a writ of right of  advowson   a cro car raym roll Rep and the reason of the difference be because  in the first case they have several way and remedy as it be agree in e b but  in the other case if the tenant for life shall not join with he who have the  fee neither the one nor the other will have any remedy and therefore in such  case coke report a er p need bind law vide e notam dictum de stone there vide  sir William pelham   b a b d case in my first report coke a as to the demand  of the Poph e rend or pension of four mark issue out of the rectory it be  resolve that the writ be good enough for here be not any palm f incertainty  for one of two several thing be not demand but one thing only be demand Leon  Leon more for the demand be of a rend or pension of four mark so that there be  not but one four mark and in this case To give back and payment as this case  be be synonyma for these late word exeunt de rectorial prove it to be a rend  for if it be but a annuity then it will not he issue out of the rectory but  the parson in such case shall be charge in respect of the rectory and in e  before a   a   light a g annuity there one grant by deed quandan yearly  payment payment One robce price One marcce well One Marcus e Lacy case there a  abbot grant quandan yearly payment payment e and f n b h the writ be de one  year old pension by which it appear that payment et annuilas or one year old  To give back be all one and principal in the case at bar when it be allege to  he issue out of the rectory and if a writ be bring de To give back sive  annuitate exeunt out of the manor of d it be good enough for the cause  aforesaid it be also resolve that common recovery be so usual and their form  and order of proceed so notorious by appearance the first day and gratis c  that the law take knowledge of they and therefore the judge ex duty without  allegation of the party shall take notice that they be recovery have by  consent of the party for assurance of land as in Wimbishe and Talboys case  blow Com a recovery in formedon appear to the judge to be by consent of party  because the tenant be not essoined or demand the view c but appear the first  day and confess the action vide blow command in Slowels case that the   a a  common usage in the case of recovery be to be allow and that in they the  intent of the party be to be observe