coke b dr AYRAYS case hill James in b r king Edward the three grant licence to  r to find a collegiate hall of scholar c sub nomin Julce Sand olar Regin de  oxon queen per One prposilum de speech scholar gubernabi and to give and  assign a certain house c prfalis prpositis et scholar aulce that for their  habitation for ever king James the first have exemplify under the great seal  the say charter in the record of the chancery and the clause sub nomin be jula  Regin de Oxford t r who find the college in his charter of foundation order  that it shall for ever be call jula Regin and in several part of his charter  scholar be call associate the provost and scholar of the hall by deed under  their common seal and per nomina h prpositi college in university Oxoni6e  etsoCiorum etsCholarium the same college present one a to a church who be  admit institute and induct and who afterward be provost of the say hall or  college demise the say rectory for year afterward the provost of the ball or  college aforesaid and the scholar of the same per nomina bring situation  sharing et scholari aulce well college Regin in university Oxonice patron of  the say church by their deed seal with their common seal confirm the say  demise and the ordinary likewise confirm it in the lifetime of a hold the true  name of the corporation be prpositus et scholar dulce Regin de oxon and the  presentation and confirmation be good lane hob taunt taunt John Alcock  gentleman bring a action of trespass against Henry Ayray doctor of divinity  William Witham William parson and Thomas priest which plea begin in the king  bench Trin James king rot and declare of a trespass I of Mars year  Regis@Jacobi in a house of the plaintiff call the parsonage house and the  plaintiff close videlicet one call the parsonage close and another contain ten  acre of glebe land at Charleton super Otemore in the county of Oxford the  defendant plead not guilty and a special verdict be give to this effect that  the place in which c be parcel of the glebe of the rectory of Charlton super  Otemore whereof the say Henry Ayray at the timeof the trespass c be and yet be  parson and that king e Jan in the fourteenth year of his reign by his letter  patent under the great seal ad honor God et augmentation cultus divine de  agreeableness suit not general b by stat Geo c the venire facias in all case  civil and criminal be to be award out of the body of the county in a  declaration it be sufficient to allege a county for a venue without a parish  ware v boydell m S a roll Bulst Cr James cro car Jones car c coke report a er  p to go away et freedom devoted to Roberto de eaglesfield clergyman Self  recently king quod ipse in in messuagio his cum reach in oxon in parochid  consecrated Petri in Oriente quandan aulan of a collegium de scholar chaplain  etaliis continuous time to make hard sub nomin alike scholar be ce de oxon  queen per One proepositum de speech scholarjuxta dinationem prfati roberti ind  faciend gubernabi to heap together et de to make new to pour bid on messuagium  mock cum reach preatis preosito et scholar date to be able et appointed  habendum ettenendum Himself et success coke a soribus nest Prepositis et  scholaribus aulce that pro the dawn inhabitatione impeq petuum et the same pre  queen positoet scholaribus odd I si messuagium preceding a preato Roberto To  take back to be able et lemere Himself et successor nest preceding as  predictum be tenore prsentium freedom similiter dedimus not general et  remember aulan cum Praposito et the associate per choice in going to be  habilantibus et a delay in eaden quos ad yes collegium to raise up et to step  out extunc et ut collegium to be for sale pre pontmus et approve to recognize  authority our men full how to be able acceplamus ratificamus et to make firm  set up de terrisettenementis ad shades of dead corpse non to put down edit or  quoeunque elsewhere to cause to stand well ordination in contrariumfact non to  stand before not quod preceding robertus well hredes Himself seu prfatus  prepositus et scholar or successor Himself rationeprxmissorum c occasionentur  annoyingly in to some place seu to make heavy c they further find that king  James that now be Oct year of his reign have exemplify under the great seal  the say charter in the record of the chancery enrol in the tower of London and  in the exemplification the clause of sub nomin be sub nomin awl Regin de oxon  whereas in truth the charter be sub nomin aulce scholari Regin so that this  word scholari be in that clause omit and they further find that the say Robert  de eaglesfield postea army freedom prdicice to lay the bottom collegium  predict in Oxonpredict et c@ondidit to visit law et to cause to stand pro  control college preceding et scholari in eastern allocal et allocandprout to  stand open ex rotulo to stand open de year I king Richard Juratoribuspredidis  in eVidencostens the tenor of which be enter in the special verdict in hxc  word by which it appear that the say Robert de eaglesfield by his charter  nominate the say college aulan Regin eternaliter nominand etSch@lares also he  nominate in it in diverse place associate and by the same deed constitute  diverse ordinance and statute for the better government of the say college and  the ur further find that king h be seize of the advowson of the church of  Charleton super Otemore predid in fee in the right of his crown and Julii year  royal power Himself by his charter under the great seal grant the say advowson  to Richard Andrews and Nicholas temple and their heir who by their deed Julii  grant the say advowson to William Devendishe and Francis Shawe and their heir  and that coke b Julii quidam Hugh Hodgeson tunc Proposilus aulce prd et  scholar the same aulce per nomina Iffugonis prepositi college regime in  universilate Oxonix et sharing et scholari the same college by their deed  under their common seal present one Allen Scott to the say church then void  who be admit institute and induct and that the say Allen Scott haii year  domince Elizabeth recently Reginice England the say Allen then be parson of  the say church and provost of the say hall by his deed demise the say rectory  of Charltons uper Otemore to William Shillingford for the term of eightyone  year and afterward videlicet the that day of the same month of may prepositus  aulce sive college prd et scholar e usden awl I per nomina PrepositSociorum et  scholari aulm well college Regin in university oxon Rectorix ecclesice de  Charlton super Otemore patron per scribe suum seal his common adorned with  small figures confirm the say demise and that Hugh bishop of Oxford ordinary  of the say place confirm it also in the say ten year in the life of the  saidAIlen Scott and that Allen Scott die after who death the say Henry Ayray  to the say church then void be lawful present admit institute and induct and  that the say John Alcock have the estate and interest of the say William  Shillingford who enter into the say rectory and be thereof possess and that  the say Henry Ayray then be parson and the other defendant by his commandment  enter into the tenement in which c upon the possession of the say John Alcock  c and the doubt which the jury refer to the court be whether the say demise of  the say rectory be well confirm or not c and it be object that as well the say  confirmation as the say presentation be utter void by reason of the misprision  of the true name of the corporation and therefore the first question which be  make be coke report a er p what be the true name of the corporation and they  conceive that the true name of the corporation be pro eposituset scholar aulce  scholari Regin de oxon and this name they collect out of the word of the  charter itself that the king licence the say Robert eaglesfield to find  quandan aulan of a collegium de scholar c sub nomin Aul6e ScQarium Regin de  oxon queen per One prxposit de speech scholar c gubernabi then this be the  true name betwixt the true name of the corporation and the say confirmation  five difference be observe coke a know three in addition one in alteration and  one in omission in addition first of the word sharing for the confirmation be  prpositus associate et scAolares where it shall be prpositus et scholar second  of these word well college three of this word universilate in alteration know  de for in for the true name of the corporation be de oxon and the confirmation  be in university oxon in omission of this word scholari I n a material place  where it shall be aulce scholari Regin it be aulce Regin and in the  presentation diverse variances be observe one alteration know college for  aulce and the other misprision in addition alteration and omission and all  these be argue at the bar by Coventry and George croak on the plaintiff part  and by Thomas crew and Yelverton solicitor for the defendant and all the say  variances but one be unanimous resolve by all the justice to be without  question and not worthy of any argument and be not of any force ta impeach the  say confirmation or the say presentation and the only point which have a  scruple be the say variance of the omission of scholari after this word auylce  and that depend only upon the consideration of the true name of the  corporation and what diversity be betwixt this case and the case of fisher and  boy report by I in the ten part of my report in the case of the mayor and  burgessses of Lynne which you may see there which case be affirm by all the  justice to be good law and yet it be resolve that in the case at bar as well  the confirmation as the presentation be good enough notwithstanding the  omission of the iteration of this word scholarhtm for it be resolve that upon  consideration of the say charter of king e and of the instrument of the say  Robert de eaglesfield the true name of the corporation be P@apositus et  scholar aulce Regin de oxon for it appear by the charter itself that the name  of the corporation require only once scholar and not any double iteration of  it which as it be say be oculus gucestionis and that for diverse reason I that  in the clause of sub nomin this word be but once mention although in the sub  nomin it be say aulce scholari Regin yet in construction as in many case be  use it ought to precede these word AU16e Regin6e and that for three reason  otherwise it will be a sole corporation consist upon a provost only for then  the corporation will be per nomen prpositi AulceScholarium Regin coke b and  not a corporation aggregate of many as every one have agree it be immediate  after these word sub nomin aulce scholari Regin these word be add queen per  One prpositum de speech scholar c gubernabi so that it clear appear that this  word scholar shall be but once mention in the corporation such construction be  direct approve by three interpreter all men exception mayor know king e in his  charter the say founder Robert eaglesfield in his instrument of foundation and  the incorporation itself by the charter in the next subseq vent word it be say  ac messuagium mock cum reach prfat prposito et scholar dare to be able c where  these word prpositi et scholar be join together also there the habendum be  habendum et tenendura Himself et successor nest prpositi et scholar aulce that  in which word the king not only conjoin the say word together but also the  king give precedence to this word scholar before aulce that and no mention of  they after also not quod prfat pr6eposilus et scAolares or successor Himself c  in the instrument of the say Robert de eaglesfield the founder ordain that the  say college shall be always call Aur6e Regin and not aulce scholari Regin and  he say aulan king nce ceternaliter nominand the corporation itself from the  say time of incorporation never accept any grant or make any grant with double  iteration of this word scholar but with a single mention of it only as hob a    more Anders lane coke report a er p appear by many and almost infinite  precedent also it be never call in vulgar appellation queen scholar college  neither do any one know it by such name but every one know it by the name of  queen college and by this determination of the true name it appear that there  be not any affinity betwixt the say case of a fisher and boy and the case at  the bar for there be a double iteration of this word scholar in two material  place and in the case at bar but one single mention of it only and as to the  other variances it be resolve that none of they be material for first nomen be  quasi rei notam man and itomina are notce a thing and be invent to make a  distinction between person and person c and in the case at bar the college be  call by such name that it may be well distinguish from every other college in  the same university dly although it be say in e and other book that the name  of a incorporation be like the coke a name of baptism a yet if the person be  so b describe that he may be certain know from other person the emission or in  some case the misprision of the name of baptism shall not avoid the grant as a  gift c omnib4s son I S or birthright son I S or d of or belonging to a wife de  I S or fern de I S when there be but one c h b e a e e b ass and in e e of b  the name of baptism of the abbot of W be Richerus and he by the name of  Richard abbot de W make a grant and although his name of baptism be mistake  yet because the other word know Abhas de W do certain describe the person for  this cause the grant notwithstanding the misprision of the name of baptism be  good so if a grant be make to I S etMargaretce of or belonging to a wife sum  where the wife name be Margerice or to I S et Mariottce of or belonging to a  wife sum where the wife name be marion yet the grant be good although the name  of baptism be mistake because of or belonging to a wife sum be a certain  description of the person h a e a b I ass ass h h b r feoff and faits e brief  e e a b h so king be a name of incorporation yet a grant make to the king by  the name of sovereign Lord James omit this word king be good enough for  nothing compose error a means of knowing cum de enter agreement poor constat  and hc to be old times et consistent opinion in the case of corporation and  therefore in e a Isabel queen of England bring a writ of covenant against  William prior of Coventry for that Hugh prior of Coventry his predecessor and  his convent do submit themselves to the award of the say queen and her Council  for the heritage which be of r n in Coventry etpartibus adjacent areas and of  the queen tenement in Coventry and of those which be in aid of her and also of  the tenement of the prior of Coventry and which be in aid of he and the deed  of covenant be Hugh prior of our lady of Coventry Mutford who be of counsel  with the defendant you have in your writ and count omit our lady judgement of  the variance betwixt the corporation and the specialty to which green of the  plaintiff counsel say that the prior and also the church of Coventry be find  by the name of saint Michael and so I can have a writ accord to the specialty  for you may abate the writ notwithstanding the deed shall be good and Mutford  by the rule of the court be put to answer wherefore he plead other matter so  that in those day the misprision in a deed of the saint to who the corporation  be dedicate be not sufficient to avoid their deed coke b because Hugh prior of  Coventry be a certain description of the corporation but it may a abate the  writ because he may purchase another writ vide f n b in the writ de corodio to  have the name a   a more lane Anders a Vid note f dean and chapter of norwich  case   a b   light hob roll c Br Nosme h a b Br do remainder   light a Br  grant d Br grant ass Br grant e Fitzherbert grant   light a Cr Elizabeth touch  Fitzherbert feoff fault roll Br grant Br Nosme   light a Br grant a   b   a a    a I Bos pull coke report a er p of the saint omit and where there be a prior  of our lady of Southwark and a prior of the Trinity of London and the say  prior of our lady of Southwark of old time by the name of the canon of  Southwark grant by their deed to the other prior by the name of canon of  London a annuity c and it be adjudge good in e a for although the precise name  of the corporation be not pursue and the saint to who the house be dedicate  omit yet because in truth the prior of each of the house be one of the canon  thereof for that cause forasmuch as saris to agree depersonis prudent and  grave antiquity do adjudge such grant good it likewise appear in our book that  the name of the corporation of templar be magister Militke temple de Jerusalem  in England et brother Himself e e e trial and the name of the corporation of  the priory of saint John of Jerusalem prior hos pitalis consecrated John de  Jerusalem in England et brother Himself as appear in e then the statute de  Ternplariis be worthy of consideration make year e in the preamble of which  mention be make de annihilate order military spirit Templietde brother the  same row and in the body of the Act ordo hiliti t m livre de fiatribus the  same row and it be enact by the same Act quod in all respects terr property c  pue to be speaker of assigne et to set free row brother hospital consecrated  John Jerusalem habend et tenant the same priori et brother et successor nest  de lord ring et other owner Jeodorum predict per that eaden the condition of a  slave per queen brother row Militice temple she to hold in which Act although  the maker of the Act do not follow the precise word of the corporation either  of the templar or hospital yet because they be so certain describe quod  constat de mask the word of the say Act be sufficient to transfer the  possession instructress Militice temple Jerusalem in England et brother of  oneself priori hospital consecrated John Jerusalem in England et brother nest  and so have it be always allow in our book I Edward e e h vide e b John abbot  of d make a bind by the name of jc dericus de d and hold good and yet the  abbot be a dead person as to all respect but to such act coke a which he do as  abbot and a man may have a writ of right of advowson de advocation church de d  and then if there be two church in one town the tenant shall have the view but  if there be two church in one town dedicate to two several saint for example  to saint mary and saint Peter then if a writ be bring de advocation church  Sanctce Mario de d the tenant shall not have the view so by that it appear  that in a writ of right of advowson wherein the advowson of the church shall  be recover the demandant may in his writ add or omit the name of the saint at  his pleasure e a e h a registr a and f n b oh si prbendarius Pr6ebend6e de n  in ecclesice consecrated Petri Eborum without say in church of to an bishop  which be in truth its right name so ibidem in ecdesia consecrated Pauli London  and in church Beat6e Mari Lincoln ifc in Edward fol b a the case be that in  the town of ToftNewton there be two church one of saint Michael the other of  saint Peter and saint Paul and the truth be that ToftNewton be one town and in  that be a church know by the name of the church of Toft Newton and in Newton  which be a hamlet of ToftNewton be another church know by the name of Newton  so much and there a quare hinder be bring ad church de ToftNewton without more  et bene although the saint be omit because there be a sufficient difference by  which the church whereof the writ be bring may be know and therefore Wilby  chief justice who give the rule say the church be certain enough wherefore  answer and there issue be take not of the name of the town but of the surname  of the church know that there be two church in ToftNewton without hoc that  either of the church hear the name of the church of Newton and in e a b one be  name citizen de Novo Castro super tinam and exception be take that burgess  ought to be of a town certain and not of a castle send non allocatur for the  ancient judge of the law do reject such nicety concern appellation or name and  as to the addition of this word sharing in the presentation that do not  impeach the presentation for notwithstanding this addition the college be  certain enough describe that it may be distinguish from every other and for  any thing that appear in the case associate et scholar may be synonyma and in  the say charter the king name scholar by the name of associate vide e accord  to this resolution coke report b er p and for the addition of university it be  clear overrule as before it be in the say case between fisher and boy and for  the reason and cause there report coke b so for the addition of these word  well college after this word aulce and for put this word college in lieu of  aulce none of these have any colour of material variance but be eaden re et  sensum and king e in his charter call the say ball a college as in truth it be  and I have make a brief report of this case because I have publish the case of  the mayor c of Lynne in the ten part of my report which stand in effect upon  the same argument and diverse judgement cite there tend to the same end b  Harpurs case oak report a er report date coke a henry HARPURS case Trin James  in b r resolve if the king tenant by knightsservice in capite convey his land  hold in capite to one of his son in fee or to the use of his wife in fee c and  afterward purchase land hold in socage he may by his will devise all the land  in socage but if he convey in tail his reversion expectant will binder the  devise of a three part of other land hold in socage the reversion remain in  such tenant he may devise two part of the land purchase and if he grant over  the reversion in fee he may devise all the socage land purchase after if he  execute his power for more than two part to the use of his wife yet for the  land in socage which he purchase after if the reversion do not continue in he  he may devise the whole a by indenture in consideration of a intend marriage  with f and for the advancement of the issue of the marriage covenant to stand  seize to the use of himself and the say f for life and to the heir of the body  of a and afterward to the use of I his second brother in tail c the use be  well raise to the brother in remainder if the king tenant in capite alien in  fee to the use of himself in special tail and the estate tail determine upon  his death for want of issue inheritable such estate be no cause to restrain  the devise for any part but the reversion in fee be a cause to restrain the  devise for a three part semble a ejectment de omonibus et in every way Decimus  without any certainty of the nature or quality of the tithe be bad also it be  not formal to bring a ejectment de unit capelld it ought to be by the name of  a house in ejectment for land in W in the parish of b and for tithe in W and X  the lease and ejectment be allege to be in b semble the venue shall be out of  b W and X SC moor roll Rep in a ejection firmce between John Wirral plaintiff  and Henry harpur esquire and Barbara his wife defendant which begin Trin James  king rot in the king bench the plaintiff declare that whereas Thomas Seylyard  esquire and Elizabeth his wife maii year royal power domini James nunc at  Bredon in Com Leicest by their indenture c show forth demise to the say John a  house thirty acre of land ten acre of meadow and twelve acre of pasture with  their appurtenance in Workington in parochian de Bredon in comprd ac etian One  chaplain cum reach in Workington in parochian de Bredon predict nor  omnesetomnimodas Decimus quascuique annuatin provenient in Workington et  Willesdon predict in parochian de Bredon predict in comprdicl per nomina all  that messuagii cum omnibus house c enclosed space terris meadow pasture  communiis et hcoreditamentis illpertinen in plain seu hamlet de Workington in  parochian de Bredon in Com prdicl ac etian per nomina One capellce in  Workinglon prd ac etian per nomina all et omnimodar no  quarumcunque annuatin  crescen in hamlet de Workington et Willesdon in predictparochia de Bredon cum  perlin habend et tenant tenement et Decimus predict cum reach from the Feast  of the annunciation of our lady then last pass for seven year by force whereof  idem Johannes Wirral in tenementsetdecimas predicta die maii year two  supradiclo intravil b Vid note a case of the mayor of Lynne king Rep a coke  report b er p Elizabeth to be ind possess whoever it be prd Henry et Barbara  postea know eoden die haii a two say in addition to coke b at Bredonpr6edid  vietarmis in tenement et Decimus price cum pertinent super possession Self  John ind to go into and do eject he c to his damage of forty pound c and upon  not guilty plead the jury have a special verdict to this effect Henry Beaumont  knight be seize in fee of the manor of Gracedieu in the county of Leicester  and hold it of the king by knight service in capite a and be also seize in fee  of the manor of Normanton in the county of Derby and hold that of the king by  knight service in capite and the first day of October year royal power king  James nunc England by indenture hear date the same day and year in  consideration of a marriage to be solemnized between he and Barbara faunt and  for the advancement and preferment in live of such issue which he and the say  Barbara shall have do covenant and grant with Andrew Noel and Henry Hastings  knight and their heir that the say Henry Beaumont and his heir will stand  seize of the say manor to the use follow videlicet of the say manor of  Gracedieu to the use of the say Henry Beaumont and the heir male of the body  of the say Henry upon the body of the say Barbara to he beget and afterward to  the use of John Beaumont his second brother and the heir male of his body and  afterward to the use of Francis Beaumont his young brother and the heir male  of his body and afterward to the use of the right heir of the say Henry and of  the manor of Normanton to the use of the say Henry and Barbara for the  jointure of the say Barbara and to the heir of the body of the say Henry and  afterward to the use of the say John Beaumont and to the heir male of his body  and afterward to the use of the say Francis Beaumont and to the heir male of  his body and afterward to the use of the right heir of the say sir Henry and  afterward the say Henry marry the say Barbara and the jury furtherfound that  one Edward sharp be seize in fee of the tenement and tithe specify in the  declaration in which c and hold they of our lord the king as of his manor of  east Greenwich in free socage by fealty only and of Mars year domini king nunc  by his indenture hear date the same day and year and enrol accord to the  statute in consideration of bargain and sell to the say sir Henri Beaumont and  his heir the say tenement and tithe in which c by force whereof he enter and  be seize thereof in his demesne as of fee and afterward the say sir Henry  Julii year make his last will in write and thereby devise that his executor  shall sell the say tenement and tithe in which c and make his sister Elizabeth  John town and coke a Edward sharp his executor and the say sir Henry so be  seize of the say manor tenement and tithe as be aforesaid Julii year  supra dido die thereof seize have issue on the body of the say Barbara one  Barbara his daughter and heir and that the say manor of Gracedieu at the time  of the make of the say indenture and at the time of the death of the say sir  Henry be of the yearly value of and that the manor of Normanton be then of the  yearly value of eighteen pound and that the tenement and tithe in which c be  then of the yearly value of three pound and that the say executor for money  sell the tenement and tithe in which c to Thomas wrath esquire and William  touse esquire and their heir who convey they to the say Elizabeth one of the  say executor and her heir who marry the say Thomas Seylvard who make the lease  specify in the declaration to the plaintiff prout c by f@r@e whereof the say  John Wirral enter into the say tenement and tithe in which c and be possess  thereof till the defendant way et arms in tenement et Decimus do enter and  eject the plaintiff and so eject and put out of his possession extratenuer et  ad haec extratenent and if upon the whole matter the defendant be guilty or  not the jury pray the advice of the court c and after this case have be argue  in several term at the bar and this term by the justice at the bench it  receive the same resolution which be in Lovies case which I have publish in  the ten part of my report fol and therefore I will now make a more summary  report of this case in this case it be first unanimous resolve that if the  king tenant by knight service in capite convey his land hold in capite to one  of his son in fee or to a the stat car cap abolish tenor by knight service c  the whole land be now devisable coke report b er p the use of his wife in fee  c and afterward purchase land hold in socage that in this case he may by his  will in write devise all the land in socage for the reason and cause in the  say Lovies case second that the reversion of the fee which the say sir Henry  have expectant upon the estate in tail shall hinder the devise of the other  land for a three part of other land hold in socage and although upon the  creation of the estate of the manor of Normanton to he and his wife and the  heir of his body the king be to have a three part in ware during the life of  the wife by the statute for the same estate upon which the reversion depend  and although the reversion be seck without rend or any profit coke b three  that although the reversion of the fee continue in he yet he may devise two  part of the land new purchase and if he have grant over the reversion in fee  he may have devise all the land hold in socage purchase after fourthly that  although he have execute his power for more than two part to the use of his  wife yet for the land in socage which he purchase after if the reversion have  not continue in he he may have devise the whole notwithstanding the execution  of his power before and forasmuch as the reversion of the fee continue in the  case at bar the devise be good for two part and the same reason be give for  all the resolution in this case at bar which be report in Lovies case five it  be object that nothing pass to John and Francis brother of the say sir Henry  for two reason because they be not within the consideration express videlicet  for the advancement of the say Barbara and of the issue which he shall beget  on the body of the say Barbara so that the brother be out of the consideration  for a exp6sum compose to be remiss tacilum and therefore b if I covenant by  deed indent that in consideration of pay I by my son I will stand seize to the  use of he and his heir if the deed be not enrol accord to the statute nothing  passes because the express valuable consideration take away the tacit and  imply consideration of blood and no other consideration can be aver than be  contain in the deed because the substance of the agreement be by assent of the  party refer to the deed it be not find in facto that the say John and Francis  be his brother and so by the covenant nothing vest in they in remainder and  then when sir Henry die without issue male the manor of Gracedieu descend to  Barbara in feesimple so that a full three part and more descend to her  wherefore the devise shall be good for all the say land and tithe in which c  hold in socage and so judgement shall be give for the plaintiff for the whole  it be resolve that the use be well raise to the brother in remainder and a  judgement be cite in this court in debt between Elizabeth c Bedel plaintiff  and Michael Bedel defendant which begin hill I James rot and be in the seven  part of my report fol where on the record the case be such Robert Bedel seize  in fee of a house c in Juer and Langley in the county of Buckingham have issue  by Elizabeth his wife three son whereof James be the second and the say  Michael the defendant the three by deed indent tripartite between the say  Robert and his wife of the first part the say James his son of the second part  and the say mich his son on the three part in consideration of coke a natural  affection and paternal love which he have to the say James and Michael and for  their better preferment and advancement the say Robert covenantee with the say  James and Michael that he and his heir will stand seize of the say house c to  the use of himself for life and afterward to the use of the say Elizabeth his  wife for her life and afterward one moiety to the use of the say James in tail  and of the other moiety to the use of the say Michael in tail and afterward  Robert die and all this matter be find by special verdict and the sole  question of that case be if any use be raise to Elizabeth his wife and the two  objection be move against the wife which have be make against the brother in  the case at bar a   light b godb latch Raymond   a carter   b b carter Cr  Elizabeth Ventris c jenk cent cro James roll Raymond   a Raymond Cr James Inst  roll Rep Jones Jones Ventris march coke report b er p and it be resolve as to  the first that the consideration that she be his wife be apparent in the deed  and no other consideration be express to raise a use to her but that she be  his wife and therefore if the case which have be put shall be admit where a  the father covenant by deed indent with his son in consideration of that he  will stand seize to the use of he and his heir that in that case the deed  ought to be enrol accord to the statute or nothing shall pass yet it be not to  be liken to the case at bar because there be a valuable consideration express  in the deed to be give by the son but so it be not in the case at bar and a b  consideration which stand with the deed may be aver notwithstanding it be not  contain in the deed as it be adjudge in and Philip and mary dyer c villers  case and so it be resolve in the first part of my report fol a in mildmay case  Br n c b as to the second it be resolve that d it be not necessary to aver  that she be his wife for that be apparent in the deed et e palpable probation  non indigent vide f Henry a in assize of Mortdauncester Edward h Henry Plowd  command in Talboiss case c that thing apparent need not be aver and if in  truth she be not his wife a that shall come in of the other part and for these  reason it be adjudge that the use be well raise to the say wife on which  judgement a writ of error be bring and in the exchequer Chamber mich James  king after diverse argument hear at the bar the judgement be affirm for the  reason and cause aforesaid One voice by all the justice of the common plea and  baron of the exchequer coke b so that it be resolve upon the whole matter that  the plaintiff shall have judgement for two part against the defendant but the  chief justice well observe the declaration and the visne in the conclusion of  his argument move these exception that the ejection firm be bring a de  omnibusetomnimodis Decimus in Workington c without say garbarum fceni lance  agnellor or any certainty of the to hand over or quality of the tithe whereof  a certain judgement may be give or execution by habere?acias possession have  and that appear in the assize bring de a certain portion no  c in Edward dyer  for although the measure or certain number of they shall not be express for  the fruitf ulness or barrenness may increase or diminish they yet the several  kind ought to be express also it may be that all the tithing consist in modus  kill by payment of a yearly sum in satisfaction of tithe whereof no ejection  firm lie and the statute of Henry cap which give the action for tithe give it  as they shall or may do for land c but in action for land the plaintiff ought  to show the quality or nature of they as land meadow pasture wood c Paschoe  James king the countess of Oxford bring a writ of dower a   b I Ventris cro  Elizabeth before b carter palm   a raym jenk cent winch b   a Inst   a   a b  Owen hob roll   b   a palm Anders c Anders n Benl roll Inst   b Owen Raymond  Benl in kelw   a carter palm Raymond more palm roll Rep b Vid note d mildmay  case   a d hob Anders more   a b cro car Jones cro James roll Rep e   a b f Br  assize Br Mortdauncester   b a hob a roll Rep more hard palm roll Rep Doct pl  Skyl cro car Jones   a Inst die pl h a Com dig plead z coke report a er p to  be endow of praedial b tithe and count of the certainty of the kind as of garb  c within such a town and in the same case it be hold that the most equal  assignment be of the three sheaf for if the garb of the three part of the  arable land be assign it be in the election of the terretenant whether he will  sow it or not so mich Elizabeth report by Benlowes sergeant at law in dower of  a c mill in Wadesmill in the county of Hereford the assignment be of the three  part Holendini videlicet de fresh troops Holendino per quemlibel terlium month  c it be not formal to bring a ejection firm de One d copella but it ought to  be by the name of a house the venire facias be de vicineto parochice de Bredon  rbich be in award for first the lease and the ejectment also be allege to be  make at Bredon which shall be intend to be a e town and the house and land be  allege to be in Workinorton which also shall be take for a town in the parish  of Bredon so that now it appear to the court that there be a town call Bredon  a parish call Bredon and Workington a town in the parish of Bredon and the  tithe be allege to be in Workington and Willesdon which also shall be intend a  town in parochian de Bredon so that the visne ought not to be out of the  parish of Bredon but out of Bredon Workington and Willesdon for the  visne shall be always award out of the place which contain the most certainty  coke a and although Workington and Willesdon be call hamlet in the per nomen  yet the court ought to adjudge upon that which be allege by the plaintiff in  his declaration c and the chief justice show the reason that move he to take  these exception which be that if they shall give judgement it may be reverse  by a writ of error for these cause which may be a blemish in time to come to  their resolution concern the matter in law wherefore by consent of the whole  court for the cause aforesaid no judgement be enter but it be say at the bar  that the court of ware where a bill depend for this matter and by order of  which court the matter in law be to be adjudge by the commonlaw will take  order for the possession accord