case LXVIII h h in a writ of entry in similar things grammatical case the case  be this tenant for life remainder in tail tenant for life alien in fee upon  which be in remainder in tail bring this writ and the writ be that the tenant  for life hold ex assignation of the donor with remainder to the other in tail  and he count of the alienation in fee by tenant for life and issue be join  that the tenant for life do not alien in fee this issue be a jeofail for it  shall be that tenant for life do not alien modus form as the plaintiff have  declare and this refer to a alienation for life in tail or in fee for each of  these give a forfeiture to he in the remainder the issue be find for the  tenant in this case and judgement be give for he this judgement be reverse for  this jeofail and because that the writ be ex assignation where it shall be ex  dimission for so be the register for a lease for life the remainder in tail be  but one estate but the writ ex assignation be where the reversion be grant  upon a precedent estate but if this last error have not be and the verdict  have find a alienation in fee judgement must have be for the plaintiff for the  verdict have make the plea good as in a praecipe if the tenant plead nontenure  on the day of the writ purchase without say or ever afterward and it be find  for the demandant the demandant shall have judgement for the verdict have make  the plea good for it be against the tenant if he be tenant at the time of the  writ purchase or afterward so in the principal case if it be find for the  demandant upon issue take of the alienation in fee for every this must be  understand where tenant for life alien for the life of any other but his  alienation of his own estate be not a forfeiture of it Cr Yel sand Carth  parliament can roll alienation of the freehold by tenant for life give a  forfeiture upon a writ of error to reverse a judgement give in the common plea  the king bench will give the same judgement which the common plea ought to  have give if a erroneous judgement be give upon a plea to a writ that the writ  shall Jenkins er p abate the judgement upon error in the king bench shall be  that the writ shall stand and the proceed upon it shall be in the king bench  although it be common placitum as quare hinder or formedon or other civil  action notwithstanding great paper ch for this statute be only to be  understand of original action and of the first instance the court of king  bench be so high a court that a record which come there which be in person  ring shall never be remand by any writ for the king can be command the king  have consent by act of parliament that indictment remove out of other court  into the king bench may be remand h ch Jenkins upon a writ of false judgement  in ancient demesne the law be otherwise if in ancient demesne a writ of right  close be bring against a and if it be prosecute in the nature of a formedon in  the descender a fine levy there and without proclamation by the custom there  be a bar if this judgement be reverse in the common plea the common plea shall  only judge that the plaintiff shall be restore to his action in the court of  ancient demesne unless there be some other cause which take away the  jurisdiction of the court of ancient demesne for which the judgement oven for  the plaintiff in ancient demesne be reversable the court of common plea ought  not to judge the say plea in bar have for the statute of the h that fine shall  bar a estate tail and the statute of Westminster ch quod Finis alleviate by  tenant in tail Self jure cit nullus be to be understand of fine at the  commonlaw and not to extend to the ancient custom of ancient demesne the  formedon in the discender and estate tail be at the commonlaw such tenant have  power to alien only after he have issue e Fitzherbert formedon and general  statute be not to be construe to destroy the custom of ancient demesne which  by intendment of law concern agriculture and the subsistence of the king and  his subject Barnsley and Cox case hob coke in the three part of his institute  seem of another opinion for it seem to he that no custom shall prevail against  a statute make within time of memory under correction neither the statute h  for fine nor the e I for fine concern this case for neither of they say in  express word that fine with proclamation shall bar the entail these party and  privy and to stranger if the stranger noth not bring his action or make his  claim within five year after such fine levy with proclamation and the true  intention of the h be to take away and repeal the statute of nonclaim enact  the e ch and not to bar the estate tail any more than e I have do as appear by  the statute of h ch which ordain fine levy ut above and nonclaim ut above to  bar the tail