coke a sir moil FINCHS case mich James in common banc in replevin on the plead  the case be m be seize for her life of the manor of b remainder to f in fee f  take husband S S and f and one d levy a fine of all the demesne to t and his  heir who grant and render to d for year reserve rend the reversion to S and f  and the heir of f by indenture make before the fine it be agree that S and f  shall have free ingress and egress to hold the court baron and it be aver that  the say demesne with the service from the time of the levy the fine during the  life of f be know by the name of the manor of b S and f levy a fine of all the  manor land c of f in the same county with the exception of the manor of b to  the use of f for life remainder to m f in tail remainder over and in the fine  as many acre be contain as be sufficient to pass the say demesne d be possess  of the say term make his son then be three year old his executor and die and  administration durante minoritate be commit to r afterward S and f levy a fine  of the manor of b and of several acre sufficient to pass all the demesne to  the use of S and f and the heir of f till S with the assent of his coke report  b er p wife f by write c shall declare other use and then to those use r  demise the tenement to p for year m die and p enter S with consent of f limit  the use to h and l and their heir who eject p and feoff g and l and their heir  to the use of f for life remainder to h f and his wife and the heir of their  body p reenter f die and the defendant as bailiff to h f distrain for arrear  of the rend reserve upon the lease to d and judgement be give for the  defendant and resolve the demesne of the manor of b be once by the act of the  party absolute sever in feesimple from the service of the manor the manor be  destroy for ever where the severance be by act of law they may by law be unite  again a man by his own act can at this day create a manor the exception of the  manor of b in the second fine be sufficient to except the demesne and service  notwithstanding the manor be destroy a grant may be make to a bastard by the  name of his repute father if he be know by such name so a remainder may be  limit to r the son of r W although he be a bastard if he be know by such name  c rend common c can be claim by usage but must be prescribe for but to make a  thing in be pass by a name there needs not time whereof c but such convenient  time that it may be know by such name the name of a manor land or other local  thing be to be try where it lie if a man marry with a woman precontract and  have issue by her this issue bear the surname of the father but if after the  husband and wife be divorce for precontract the issue lose its surname yet  this be a good ground for reputation subsequent and so in many other case the  name by repute be sufficient and vulgar reputation be allow in writ amicable  which be have by agreement and consent of party but not in adversary writ if a  man bargain and sell so many acre of wood it shall be measure accord to the  usage of the country the lease make by the administrator durante minoritate be  good where the administration ration those inferior in rank tatis be grant  special ad opus c executor durante those inferior in rank tatis et non aliter  such special administrator can make such lease otherwise where the  administration be commit general ration those inferior in rank tatis by the  regress of the second lessee those in reversion by force of the feoff shall  avow for the rend be the eviction of the lessee by entry or action the  reversion remain in the feoff and he shall avow per coke c j if he in  reversion seize the donee and make a feoff in fee and the donee reenter he  leaves the reversion in the feoff if the disseizee seize the heir of the seize  and make a feoff in fee to another he extinguish his ancient right but if a  man make a gift in tail or a lease for life render rend and seize the tenant  in tail or for life and make a feoff in fee and the donee or lessee reenter he  revive the rend as incident to the reversion Vid the entry   Ent nu in a  replevin between Avery and Daniel Crat which begin in common banc pasch James  rot upon long and intricate plead the case be such Catharine lady moil be  seize of the manor of Beamston in the county of ken for the term of her life  the remainder to Catharine lady finch in fee and afterward the lady finch take  to husband Nicholas Seintleger hill Elizabeth Seintleger and his say wife and  one Anthony deal levy a fine of all the demesne of the say manor by certain  quantity of acre which include all the demesne of the manor to t finch and his  heir who grant and render the demesne of the say manor to the say deal for  fifty year from the Feast of saint Michael then last pass render rend and  grant the reversion to Seintleger and the lady finch and to the coke report b  er p heir of the lady finch which fine be levy accord to certain indenture  before make between the party whereby among other covenant it be agree that  the say Nicholas Seintleger and the lady finch c shall have free ingress and  egress in and out of the say manor for they their steward servant and tenant  to hold the courtbaron in and upon the say demesne and it be aver that the say  demesne together with the service be a tempore relief Finis durante totan vita  of the say Catharine lady finch at Eastwell etalibi in the county of ken in  common cognitan condition think over et call per nomen manor de Beamston and  afterward by indenture tripartite year Elizabeth between sir Thomas Heneage  and whether his wife of the first part Seintleger and his say wife of the  second part and sir m finch of the three part it be covenant and agree that  Seintleger and the say Catharine his wife shall levy a fine of the manor coke  b of Eastwell Potbury setons Willington Bucking and Ulley in the county of ken  and of all other land tenement and hereditament of the say Catharine in the  say county of king except the manor of Beamston in the say count to the use of  Catharine lady finch for life and afterward to the use of the say sir moil  finch in tail with diverse remainder over which fine be levy accord in which  as many acre be contain as be sufficient to pass the say demesne Anthony deal  be possess of the say interest of the term as aforesaid make his will in write  and thereof make moil deal his son his executor and year Elizabeth die the say  moil then be of the age of year and immediate after his death administration  of the good of the say Anthony ration those inferior in rank tatis of the say  moil deal be commit to one Robert Thomas and afterward year Elizabeth  Seintleger and Catharine his wife levy a fine of the manor of Beamston and of  diverse acre sufficient to pass all the demesne to the use of Seintleger and  Catharine his wife and to the heir of the say Catharine until the say  Seintleger with the assent of the say Catharine his wife in write sign and  seal by he shall declare to what other use and then to the same use Robert  Thomas the administrator demise the tenement aforesaid to Paul lofty for year  and afterward the say Catharine lady moil year Elizabeth die Paul lofty enter  year Elizabeth Seintleger with the consent of his say wife accord to the say  limitation declare the use of the tenement aforesaid to be to Hancock and  Sturges and their heir who eject Paul lofty and do thereof feoff Glanville and  Sturges and their heir to the use of Catharine lady finch for her life and  after to the use of Heneage finch her young son and Ursula his wife and the  heir of their two body Paul lofty the lessee of the say administrator reenter  Catharine lady finch die the rend reserve by the say fine de year be arrear  for year end Elizabeth and for the say arrearage the defendant as bailiff to  Heneage finch distrain and the plaintiff lessee of sir moil finch bring a  replevin and in this case four point be move and argue as well at the bar as  this term by Daniel Warberton Walmsley and coke chief justice at the bench the  first point be whether by the fine of Elizabeth n which be such a grant and  render as be aforesaid the manor be destroy for ever and that be call the  destroy point admit the manor be for ever destroy whether the exception in the  say indenture of Elizabeth by the name of the manor of Beamston be sufficient  to except and save the manor out of the fine of Elizabeth levy to the use of  the say indenture and that be call the save point whether the lease make by  the administrator ration those inferior in rank tatisfor year be good or not  and that be call the make point the four and last point be whether there need  any attornment or that the regress of Paul lofty the lessee for part of the  term sure for year shall amount to a attornment and that be call the perfect  coke a point as to the first it be resolve per totan curian that although at  one instant the demesne be grant and render to Seintleger and Catharine lady  finch and to the heir of Catharine so that there be not any transmutation of  any possession yet the demesne be once by the act of the party absolute sever  in feesimple from the service of the manor the manor be destroy for ever a Acc  lemon v Blackwell Skinn king v bishop of Chester Skinn king v Staverton long v  hem Anders but although by the severance it cease to be a legal manor yet it  may continue a manor by reputation so as to sustain minor prescriptive right  Soane v Ireland east a coke report b er p and a difference be take between the  act of the party and the act of the law for if there be two coparceners of a  manor and on a a h a roll a partition the demesne be allot to one and the  service to the other in that case although there be a absolute severance yet  if one die without issue and the demesne descend to her who have the service  the manor be revive again because on the partition they be in by act of law  and the demesne and service be unite again by act of law and so be the clear  opinion of Thorpe and the other justice in the time of e as Thirning chief  justice of c b report in b Br extinguishment Fitzherbert extinguishment b h b  and the case intend be the case of Hugh andley e of Gloucester which begin e a  b but there be not resolve vide h a Acc so if on a partition a advowson  appendant be allot to one and the manor to the other and afterward one die  without issue whereby the law unite they again in that case the advowson which  be once sever be now appendant again b Acc Reynolds v black salk sc  l raym  thetford case Leon b also it be agree in h a that if a c roll Davis b Br manor  c partition be make of a manor betwixt two coparceners and on the partition  each have parcel of the demesne and in by act of law each of they have a manor  c so it have be hold that a tenant in dower of a three part of a manor have a  manor and may hold court and grant copyhold brag case godb c but if a man have  a manor and he grant part of the demesne and part of the service to another he  shall not have a manor d if I grant away the moiety of my manor we shall both  keep court so if I be seize of a moiety or a moiety be in execution by elegit  per walmesley I smith v Bonsall Gouldsb and in Harris v Nicholls cro Elizabeth  it be hold by mead and Windham justice that if a man have a manor which do  extend into two town and he grant the demesne and service in one town the  grantee have a manor in that and he may keep court and so have the grantor a  manor in the other town and may keep court there Vid also send for with Harris  v Nicholls morris v smith cro Elizabeth Vid sir Anthony deny case Leon d for a  man by his own act can create a manor at this day and so it appear that a  postea b   a roll Hutton side   b it a   light a a strong et potentior be  disposition law how man as to the second point it be object that forasmuch as  in year Elizabeth the manor be destroy it can not be except by the name of the  manor in year Elizabeth and that for three reason the time of five or six year  be not a b roll Rep b sufficient time to gain reputation but it be urge it  ought to be a tempore pron  interrog  c as when land passes as appertain to a  house it ought to be aver to be usual occupy with the house a tempore pron   interrog  c as appear in hill and Gr case blow Com b the averment that from  the time of levy the fine during the life of the lady finch it be know and  repute for a manor be impossible for it can not be repute and know immediate  after the fine levy but time ought to give a name and reputation et eastern  rather because the say fine be levy of the reversion for the lady moil have  the whole for the term of her life and such reputation and knowledge can not  be of a reversion expectant on a estate for life as it may be of a possession  although the c lev c reputation of a vulgar name will serve in grant or  conveyance yet it will not serve in judicial proceed of the law which be frame  by learned man and therefore by the say fine of Elizabeth which be a judicial  proceed of law that shall not pass by the name of a d roll Rep d manor which  in truth and in law be not a manor but it be coke b resave that the exception  as this case be be sufficient to except the demesne and service by the name of  the manor notwithstanding the manor be coke report a er p destroy e so  freehold buy in and occupy with a manor and repute as part of the manor may  pass by a mortgage make two year after such purchase by the word all the land  thereto appertain or repute part of the same manor Symonds v green cro car  reputation of appurtenance c do not depend upon any definite period of time  but upon circumstance loft v Barker palm Vid vin ab grant e Foubl equity e it  be the e Yelv Cr Elizabeth palm roll Rep e good and true intent of the party  for the lady finch and the other who be party to the fine and indenture of  Elizabeth do not think of any dismember or destroy of the manor for in the  same indenture provision be make to have ingress and egress to hold the court  of the manor also the party to the indenture f Elizabeth think that it be a  manor of who sir moil finch be one for by the express word it be except by the  name of a manor and in the fine of Elizabeth diverse manor be name but no  mention of the manor of Beamston for that be intend to be except but it be by  the express name of the manor of Beamston mention in the fine of Elizabeth so  that the true intention of all the party appear that it shall be exclude out  of the fine of and include in the fine of and it be well say in hill and  Granges case blow Com b it be the a wing Max a office of judge to take and  expound the word which the common people use to express their meaning accord  to their intent and not accord to the very definition and Bracton say nothing  tm convenient be physical scientist cequitati how will dom willing remember  svan in other transferee raft to have and although general regulan generally b    a   light a b be to come to know yet the say c   light a more   b Cr  Elizabeth c rule be principal to be observe in will and also in case of use  which be wait d   b a   b Bacon chosen c d trust and confidence between man  and man and to that purpose Shelleys case in the first part of my report and e  Cr Elizabeth Leon   b and Owen e carter and Ringsteads case there vouch be  cite and apply to that purpose f Br misnomer   b see e b ass h b e b e Lutw f  forasmuch as the true intent and meaning of the party appear why shall not we  as judge adjudge it good it have be object that the thing except be not well  name for in law Beamston be not a manor for it be destroy by the fine of  Elizabeth and for that destruction the exception of it by the name of a manor  shall be void in the argument of which point it be say that the law do not  favour advantage of misnomer more than the strict rule of law require neither  in writ which may be abate and new purchase nor especial in grant or other  conveyance in which case the party have not remedy to have new and therefore  if two be join in one writ the one shall not plead f Vid note king Shelleys  case   a f misnomer of the other as it be agree in h b in a action against g  Doct pl h b Fitzherbert misnosm g husband and wife although they be one person  in law yet the one shall not plead misnomer of the other e maintenance de Bre  in trespass in Holderness at W the defendant plead in respect of some misnomer  that there be no such town hamlet or place know c the plaintiff reply there be  without show in certain either that it be a town hamlet or place know and coke  a all this in detestation of nice and dilatory exception and it be also  observe that till this generation of late time it be never read in any of our  book that any body politic or corporate endeavour or attempt by any suit to  avoid any of their lease grant conveyance or other of their own deed for the  misnomer of their true name of corporation h   b taunt h but after that a  window be open to give they light to avoid their own grant for the misnomer of  themselves what suit and trouble thence ensue every body know but it be say  for every curious or nice misnomer God forbid that their lease or grant c  shall be defeat for there coke report b er p will be a sound difference  between writ and grant and in all case this be true quod I apic law non are  jura but it be resolve that as this case be there be a sufficient name in law  to make the exception good for nomen disci a noscend because notice compose  and in this case it be aver quod cognitum to be per nomen c so that it be not  only notum but cognitum which be more and by true etymology and sense cognomen  mayor be ex sanguine dragging or pulling along hoc intrinsec be agnomen outer  ab outcome and yet the law do not regard this precise propriety of word for if  a grant be make to a bastard by the surname of he who as be suppose beget he  it be good if he be know by such dame so if a remainder be limit Richard fill  Richard Marwood it be good although he be a a bastard if in vulgar reputation  and knowledge he be know by such name g as the book be in e I l a and yet in  truth and in law he be no one fill for of a bastard it be say who pater be a  people pater be Himself nullus all men who pater be a people non to have that  palrem in e a there be a notable case b Swinb roll b Richard Thomson have  issue by one Johan before marriage Agnes and afterward marry Johan and make a  feoff in fee and take back a estate to himself for life to stay behind ind  agnet fill prd richardi Johann and agree that it be a good remainder without  any averment that she be know to be their daughter as it be in the say case of  c e a before c e but there it be object that a bastard be not their daughter  in law and therefore the remainder void but there Fincheden give the rule and  say it be find that the daughter be bear before the marriage so that by their  marriage after she be their daughter in which it be to be observe that  although by the commonlaw she be not their daughter yet because she have  colour by the ecclesiastical law which say d Swinb d quod to follow after  marriage to lift sin prcedens this colour be sufficient in case of a  conveyance to make the remainder good and so note a difference between a  descent and a purchase and therewith express agree ass in e a b W abbot of  Worcester by the e hob   light a   a   a e name of W abbot of W by his deed  with the consent of his convent grant to the burgess of W common of pasture  coke b in certain land and although his Christian name be mistake yet  forasmuch as there be a sufficient f   light a f certainty to ascertain the  name of the grantor know abbot of W for I   light a b b Nov   a Skinn a e a  roll   light b Br grant hob Swinb Cr Elizabeth roll more post a Noy g if a  illegitimate child en ventre sa mere be describe so as to ascertain the object  intend to be point out it may take under that description Gordon v Gordon  Meriv and illegitimate child may acquire the reputation of child so as to take  under a will by the description of the child of their repute father Lord  Woodhouselee v Dalrymple Meriv and Vid baker v baker Ves sen king v bishop of  Chester l raym in a indictment against a woman of the name of clark for the  murder of her bastard child the child be describe in the indictment as George  Lakeman clarke a male bastard child about three week old but it appear by the  evidence that the child be Christian George Lakeman be the name of the repute  father and that it be call George Lakeman and not by any other name know to  the witness and that the mother call it George Lakeman there be no evidence  that it have obtain or be call by its mother name of clark the repute father  have not take to it but have leave the mother and child to the care and charge  of the parish the prisoner be convict but on the case be submit to the judge  they hold the conviction can not be support king v clark Russ Ry C C r coke  report a er p that reason the grant be adjudge good for in this lease it be  true g   a see e b per Herle g nothing compose error a means of knowing cum de  corp constat but otherwise it be of a writ for there if the abbot be name by a  false Christian name the writ h   a   a   a   b h shall abate because he may  purchase a new writ and therewith agree e b h b and h c as to the second  objection which have be make that in this case there be not a sufficient time  to make the reputation of a manor and that time out of mind be requisite in  this case it be answer and resolve that there be a difference between a title  to a thing to be create and claim by prescription of time and the name of a  thing in be to make it pass in a conveyance for no man can claim rend common  or other profit of inheritance by usage but he ought to claim it by  prescription a tempt pron  interrog  memor c for such time be requisite by the  law but to make a thing in be pass by a name there needs not time whereof c  but such convenient time that it may be know by such name and if it be ask to  what place ought such knowledge to extend answ to all England or to all the  county in which the land lie or if to what place to that it be answer and  resolve that it extend only in law ad vicinetum of the town where the land lie  for there the knowledge ought to be where it ought to be try and that be in  vicineto of the place where the land lie for the name of a manor or land or  other local thing be to be try where it lie because it be local as the name of  the person be to be try where the writ be bring because it be transitory and  therefore it be agree that the house in the strand now of late call  exeterhouse and the house in fleet street now call Dorsethouse have within  these three year gain sufficient name among all their neighbour to know it by  such name and thereby to distinguish the same house from other house in e  maintenance de Bre the case be that in truth there be a manor call Asplegise  and it be also know by the name of Asple only and there in a prcipe bring of  the manor by the name of the manor of Asple without addition the tenant after  the view demand judgement of the writ because the manor put in view be the  manor of Asplegise to which the demandant say that the manor put in view be  know by the name of Asple and thereupon issue be take in which it be observe  that the plea for the maintenance of the writ be that the manor be know in the  present tense which be intend the day of the writ purchase without any  prescription that although a manor can begin within time of memory yet a manor  may acquire a name to bedemanded in a prcipe within convenient time and that  such name acquire by knowledge of the country be sufficient without the true  and proper name vide h b for in that sense it be true de nom proper non be  coke a cranium dumb in substantial non erratum because a style a nomina  mutable are res autumn immobile in b Br quare imp b e a in a quare hinder of  the church of b the defendant plead that there be no such church in the county  where the writ be bring afterward issue be join that there be a church in the  same county know by the name of b for Finchden who give the rule there say if  any church in the county be know by such name it be sufficient to maintain the  writ which agree with the book of c e maintenance de brief before b c e in h a  b in Tresp versus Johann arderne abbot S John baptist de Colchest the abbot  plead that he be find by the name of the abbot of the church and monastery of  saint John baptist c the plaintiff say that this abbot be know by the one name  and the other and so to issue in which it be observe that it be sufficient to  say that this abbot without say and his predecessor be know by such name ergo  there needs not time whereof c e a there it appear if a chapel be in the time  of h and when it become void king h present to it as to a church and so do e  and e and afterward e be disturb bring a quare imp as to a church and there  Cavendish chief justice say that after the say presentment have be receive to  the same chapel as to a church I say it be not now a chapel but a coke report  b er p church by which it appear that the say rule be true that nomina are  changeable res autem immobile and therewith agree h b where the case be that a  parson have a annuity by prescription of a vicar and afterward e when the  vicar die present one as parson and so be all his successor present as parson  and the parson make a special prescription see that a be vicar and that he and  all his predecessor vicar c and that after the death of a the king present as  to a parsonage and so that he and his successor parson have pay c and charge  the defendant as parson in a writ of annuity and there it appear that by the  say presentment the name of vicarage be change into a parsonage as to the  second objection that the averment be impossible and repugnant that from the  time of the levy of the fine it be know repute c to that it be answer and  resolve that there be not any impossibility or repugnancy for in the averment  there be four word cogent habit repeat nuncio all and the be true before  Elizabeth for then and time whereof c it be in fact a manor so that the  knowledge reputation or appellation do not begin from the fine in Elizabeth  but this averment continue that which be in truth before the fine a manor  front the time of the fine to be know repute and call a manor and always the  reputation be better when it have a ground and be find on truth and therefore  if a man marry with a woman a Inst   light b e e a precontract and have issue  by her this issue in law and truth beat the surname of his father but if after  the husband and wife be divorce h Vid black Com p h for the precontract coke b  now the issue have lose his surname for as it have be say cognomen mayor be ex  sanguine dragging or pulling along and now the issue be bastard no one thread  and yet because he once have a lawful surname it be a good ground of  reputation subsequent so if I have a park by the king licence and grant and it  be common know by the name of a park and afterward I surrender my patent to  the king whereby in law it be no park yet have once the name of a park in  truth it be a good ground for reputation and continuance of the name of a park  after and the avowant may have prescribe as this case be that the say demesne  and service have a tempore pron  interrog  c be know by the name of the manor  for before the fine it be know in truth and after the fine in reputation so  that it be not a creation of a new name but a continuance of the old name vide  Elizabeth dyer b dyer pl b the king seize of a manor whereof all the demesne  be lease for life by the lease of a abbot render rend in that case the king  have not a manor in possession nor can bold court and yet if the king lease  the manor to another for year as a manor in possession the lessee shall have  the a Ant a b a   light b   a   b   a I go a b Cr car die pl pl Plowd a a e  grant e Fitzherbert feoff Fitzherbert grant h Br grant roll Rep lane light Rep  b n c hob a reversion and the rend for although it be not a manor in be yet it  be well know that it be intend to be demise and to that purpose be the case in  Elizabeth dyer where the case be that b dyer pl Cr car roll more Leon b Edward  be seize of the manor of Clevery of which a wood contain acre be parcel Edward  by his letter patent grant the say wood in fee and afterward the say wood  escheat to he for treason afterward the queen grant the say wood in fee the  grantee regrant it to queen Elizabeth who by her letter patent grant the say  manor all men boscos modus well ante here cognit well think over ut pars  member well parcel the same manor to the earl of Leicester in fee and although  in rei in point of fact before the severance make of the wood by king e it be  always parcel of the manor yet in good propriety of speech it be then cognit  ut pars member speech manor for although ut be a word of similitude and not of  identity yet truth be the most sure foundation of knowledge and reputation and  therefore it be there adjudge that the wood do pass as to the three objection  that a manor in c roll Rep Noy more c reputation and not in truth shall not  pass by fine which be a legal proceed draw by man coke report a er p learned  in the law and therefore vulgar reputation will not serve in it to that it be  answer and resolve that the rule which Stonor give in Edward in the like case  be true that the process of this court shall not be maintain by usage in pais  but there be a difference d   b b side d inter short catalog adversaria see  bring as a adversary to recover the land c short catalog amicable know bring  by consent and agreement among friend for it be true in coke a short catalog  enemy the process of the court shall not follow the custom or reputation of  the country as in e the demandant in a writ of entry demand the manor of c the  tenant say that the tenement put in view be a house and a acre of land call c  and not a manor c by which it appear that if it be not in truth a manor  although it be in appellation the writ shall abate but it be adjudge in sir  John Bruyns case in the beginning of the reign of queen Elizabeth that in a  common recovery which be have by agreement and consent of the party of acre of  land they shall be account accord to the customary and usual measure of the  country and not accord to the stat de Terris mensurand make year e so it be  agree in e a that if a man bargain and sell so many acre of wood it shall be  measure accord to the usage of the country see accord to foot to the rod and  not accord to say Act for e   a   b   a e custom loci be observanda I that  land parcel of a manor b reputation will pass by a common recovery of the  manor with its appurtenance Vid thin v thin side that in fine and common  recovery which be have by agreement and consent of party the acre of land be  accord to the customary and usual measure of the country Vid waddy v Newton  Mod Floyd v bethell roll Rep pl and Vid Treswallen v Penhules roll Rep so a  advowson may pass in a grant by the name of a advowson appendant if it be  appendant in reputation although in truth the appendance be destroy king v  bishop of Chester salk but in mallet v mallet cro Elizabeth it be say by the  court that a manor in reputation which be not in truth a manor will not pass  by the name of a manor in a fine or common recovery but will pass by a  conveyancer Vid also Norris v Le neve atk Stukley v butler hob that in  adversary writ the number of acre be account accord to the statute measure Vid  Andrew case cite in ewer v Hayden cro Elizabeth Lord Kenyon in noble v Durrell  TR seem to have think it impossible to contend that a custom shall prevail  that a less space of ground than a acre shall be call a acre Vid wing v earl  cro Elizabeth Morgan v Tedcastle Rep and Vid hockin v cook TR that a bushel  take by itself and without reference to any custom or particular agreement  mean a statute bushel Vid also master of saint cross v Lord Howard de warden  TR and note d Gregory case ante p a the statute de Terris mensurandis be  former hold to be only a ordinance stow case Cro James but it have since be  hold to be a statute king v Everard l raym by stat Geo cap and Geo c from and  after the saint day of December all contract bargain sale and deal which shall  be make or have within any part of the unite kingdom of great Britain and  Ireland foranyworkto bedone or for any good ware merchandise or other thing to  be sell delivered do or agree for by weight or measure where no special  agreement shall be make to the contrary shall be deem take and construe to be  make and have accord to the standard weight and measure ascertain by this Act  and in all case where any special agreement shall be make with reference to  any weight or measure establish by local custom the ratio or proportion which  every such local weight or measure shall hear to any of the say standard  weight or measure shall be express declare and specify in such agreement or  otherwise such agreement shall be null and void I and it appear by the book in  e a that a remainder limit to a a roll e a   light b Br grant hob before a  Swinb Cr Elizabeth more Noy roll a bastard by the name of son of r Marwood  coke report b er p whereas in truth he be no one fill be good because he be  know and repute as his son and m Elizabeth in the king bench in ejection firm  between vine and b roll b Durham a lease be plead of a manor c whereof the  tenement in which c be parcel and issue be join quod non to send down manor  and on that issue the juror save a special verdict know that there be not any  freeholder but diverse copyholder of the say manor and that it be know by the  name of a manor and after good consideration it be adjudge by sir Chr Wray  chief justice totan curian that although it be not a c Doct pl e e c manor in  law for want of freeholder and although it be in plead which be always draw by  learned man and that it be in a action adversary and not amicable yet that  forasmuch as a issue be triable by layman and that in truth the tenement in  which do pass by the lease and therefore not like to a writ it be adjudge for  he who plead the demise of the manor hill Elizabeth in this court carter case  be that where it be require by the stat of h c that in every writ original c  in which a exigent shall be award that addition shall be give to the defendant  of their estate and degree or of their trade c and the case be that one be d  Inst d yeoman by his birth and yet common call gentle in that case in such  writ bring against he he may have the addition of gentle although in truth he  be not a gentle but only by vulgar reputation but forasmuch as the intent of  the Act be to have such a name by which he may be know it be sufficient to  satisfy the Act of parliament another reason be add that in this case there be  at the time of the make of the indenture in year Elizabeth a manor in truth  sure in lady moil for the term of her life which be sufficient to support the  name coke b of the manor and to make the demesne and service pass by the name  of it wherefore it be conclude that by the name of the manor of Beamston the  say demesne and service late parcel of the manor be except by the indenture de  year Elizabeth as to the three point it be resolve that the lease make by the  administrator ration those inferior in rank tatis be good although it be not  necessary that the lease shall be make for the lady moil be then alive so that  that lease enure as a interest termini to begin after the death of the lady  moil but this difference be take that when a man make a a Inst a executor of  such tender year as in this case of three year that he can execute the will  then if the administration b   b Cr Elizabeth and Leon   b Inst march Owen  Dall b ration those inferior in rank tatis be grant special as it be m  Elizabeth in prince case administer all will do you much good ad opus just  usefulness executor durante those inferior in rank tate non alit nec elsewhere  modus To bring together c there such special administrator can make such lease  as in the case at bar but when the administration be commit general ration  those inferior in rank tatis without any restraint or limitation there such  lease make as in the case at bar be good for by the ecclesiastical law minor  year non to send to before executor and such general administrator ration  those inferior in rank tatis shall not only have a action to recover debt and  duty for the interest of the action be in he and also shall be liable to all  action for during that time the testator die quasi without a will but also he  may make lease or demise and they shall be good wherefore the lease in the  case at bar be good and eastern rather in the case at bar because no entry  implead by the executor and he who plead the demise be a stranger to it and  therefore he can know what rend be reserve and therefore when he plead to send  down if it be for any cause void he may take issue quod non to send down or  show the special matter but it shall be intend prim fancy that the lease be  good and without question it be good till the executor attain to year and also  till he enter as some say king since Geo c such lease will be good fill the  infant executor attain the age of year notam in the great case between Lord  Byron and welldone it be say by Maynard that if such a administrator lose a  term by feint plead c the infant shall not be bind but if he lose it upon full  defence make that in such case the infant shall be bind to which all the king  counsel agree and Bridgman chief justice and hale chief baron be assistant to  the Lord chancellor and I sir Francis winnington be of counsel for welldone  note to former edition king as to the last point coke report a er p it be  resolve that forasmuch as Paul lofty bad but a interest termini during the  life of the lady moil therefore as to the say interest upon the fine de year  Elizabeth which be levy in the life of the lady moil no attornment can be when  after the death of the lady moil the lessee enter be make the reversion in  Seintleger and the lady Catharine his wife and when they make declaration of  use to Hancock and Sudget those use arise out of the fine to which fine no  attornment can be make by he who have a future interest as be aforesaid for  when attornment be not requisite to a fine which be the root no attornment be  requisite to the declaration of the use which be but the coke a branch it be  resolve that if a man be seize of a manor part of which be in lease for life  and part in lease for year and he levy a fine to a to the use of b in tail  with diverse remainder over in that case b shall avow for the rend or have a  action of a Jones a waste without any b   b   light b b Cr Elizabeth raym Cr  James Vaugh b attornment for when a reversion be settle in any one in  judgement of law and he have no possible mean to compel the tenant to attorn  and no laches or default be in he there he shall avow and shall have a action  of waste without attornment for the rule be quod remedy to set down Self re  valet si offense absit as in c e Fitzherbert contraForm Collatine c e contra  form collat because the founder can have contraform collat of a advowson he  shall present without any suit so e h a man shall be tenant by the d   b  Fitzherbert bar   light b a e a b h a f n b d n Fitzherbert dissent Br tenant  per Le courtesy Perk sect dr Stud a d courtesy of a rend or advowson l accord  to Perkins the husband shall have courtesy in a advowson though be suffer the  ordinary to present by lapse on a avoidance in his wife lifetime Perk but such  a case be not within Lord coke reason for allow courtesy of a advowson without  seize in deed nor do I find any authority to support the doctrine beside Mr  Perkins name hargrave note   Litt a l although the wife die before the day  incur or the presentment fall so the lord in mortmain or of a villain claim a  reversion by the e   Litt a light sect h e claim the law vest the reversion in  he and he have no mean to compel the tenant to attorn m now all grant and  conveyance by fine or otherwise be good without attornment Ann c Vid   Litt b  note t tookers case ante   a m and therefore he shall avow and shall have a  action of waste without attornment the same law of letter patent and of a  devise of a reversion as appear in h for in all the say case offense abesse  but it be object that in the say case of the fine there be default and laches  in the conusee for he may have make mention of the lease in the fine and then  he may have bring a quid law proclaim and compel the lessee to attorn and so  he have mean to have compel they to attorn wherefore in regard he have omit it  there be a default in he and by consequence he shall neither have a action of  waste nor avow without attornment no more than if one levy a fine to another  of land which be in lease for life he be without remedy for rend or waste  without attornment to which it be answer and resolve that in the say case the  conusee can by no possibility have a quid law proclaim for although he have  recite the particular estate in the fine yet he can not have a quid law  proclaim for after the conusance or concord and before the fine engross he  ought to sue the quid law proclaim and immediate by the conusance or concord  the reversion pass to the conusee vide f n b f   a b f a and Henry and eastern  instant coke report b er p it be execute by the statute of g   light b Cr  Elizabeth g h of use so that it be not possible for he to have a quid law  proclaim nor any remedy to compel the tenant to attorn and forasmuch as by the  Act of parliament which be a act in law sure by the execution of the  possession to the use the benefit of the conusee to have a quid law proclaim  be toll it be reasonable in regard of every subject sure the conusor conusee  particular tenant and all other who be party or privy to the Act of parliament  that it shall not turn to the prejudice of any for h     light a hard   a   a    b   a   b h powerless excuse law and a act in law shall prejudice no man it  be adjudge in the king bench pasch Elizabeth between a   a Inst raym rob a  Heston and Ruddleston at commonlaw a man by a conviction of felony although  coke b he have his clergy shall forfeit all his good which he have at the time  of the conviction or which he shall acquire after and shall remain disable to  acquire good to his own use till he have make his purgation that where by the  statute of b Cr James roll   b a b rob b Elizabeth c it be enact that after  clergy allow he shall not be deliver to the ordinary as before be use to make  his purgation but shall be burn in the hand and deliver which act have take  away his mean to enable himself again and therefore it be adjudge that after  he be deliver by force of the Act he shall be enable in the same manner as if  he have make his purgation and it be in effect all one with a bargain and sale  by deed indent and enrol for there the use passes from the party and the  statute execute the possession and the party have no remedy nor be there any  default in he and therefore the reversion shall be in he without attornment so  in the say case of the fine the limitation of the use be declare by the  conusor and beneficiary and use have the use by he and that be execute by the  statute and b in the say case suppose the gift to be make by the conusor as it  be adjudge in c e Br formedon c e Br form and for the same reason it be  resolve that in the case at bar where Seintleger and his wife levy the fine in  Elizabeth and by enumeration of acre and town all the demesne of Beamston do  pass and the law forasmuch as they be except out of the use in the indenture  in el do create and vest the use in Seintleger and his wife again as it be  before that they shall have a action of d Vaugh d waste as they may have  before the fine levy or otherwise there will be great mischief in innumerable  such case so be the use limit on the fine to a stranger or to himself create  by act in law or limit by declaration of the party it be all one but e   a Cr  Elizabeth Owen Anders e Owseys case mich and Elizabeth report by I in my five  part of report in Mallorys case where the f   light b b f conusee of a  reversion by fine seize the lessee for life and make a feoff in fee the lessee  reenter that be no attornment for he can g   light b   b   b   b   a g plus  law in other transferee how ipse to have so in Knottisfords case there cite if  such conusee of a reversion before attornment h   a h bargain and sell the  reversion by deed indent and enrol that such bargainee shall not avow or have  a action of waste without attornment causan how above and Walmsley say that  the case of limitation of a use on a fine have be adjudge in this court accord  to this resolution note a good resolution for all conveyance on consideration  of marriage or otherwise upon limitation of use on fine levy or recovery c and  observe by this resolution there be great facility and safety for they to who  use be levy which be also good for the benefit of the commonwealth that  particular estate shall not be dispunishable of waste nor those in the  reversion bar from recover their rend which in all equity and reason be due to  they and no inconvenience to the particular tenant for upon execution of  estate by the stat of h of use as upon covenant in coke report a er p  consideration of blood or upon a   a b   light b   a   a a bargain and sale by  coke a deed indent and enrol and the like there needs no attornment I be  resolve that although there be not any privity between they in the reversion  and Paul lofty for he have but a particular term for year out of the say lease  of year and if the reversion have be grant over that he can never have  attorned yet when those in reversion eject the second lessee and feoff  Glanville and Sturges c that by the regress of the second lessee those in  reversion by force of the feoff shall avow for the rend and that for diverse  reason because that reentry be not in all respect to be resemble to a express  attornment for to a express attornment b   b b   b palm dyer pl   light b b  notice be inseparable incident as appear in tookers case but he who reenter  may be ignorant of the feoff those who claim by the feoff have the reversion  in they and have not mean to compel the particular tenant to attorn as have be  say before but when a man make a feoff of a manor there the c roll Cr  Elizabeth   light b c service do not pass till attornment but remain till  attornment in the feoff as Litt hold and so it be adjudge in the common plea  Elizabeth in d   light b a roll Leon Anders   b more d Bracebridges case but  in plead of a feoff of a manor he need not allege e Cr Elizabeth   light b b  Yelv   b e attornment of the tenant of the manor but that shall come in on the  other part and so the book e e the bishop of Canterbury case e de law de guard  h e ass h h h h e double plea ass tempt e title attornment be well reconcile  by the f   light b a f regress of the second lessee it revests all interest  and settle a reversion which act subject not only the second lessee to  distress but the first lessee to waste and after the second term end to  distress also for the first lessee have put this act sure to make reentry in  the power of the second lessee and therefore his reentry which be the act  which make a reversion shall bind both and the reentry of one may subject  himself to a distress and a action of waste who of himself can not attorn and  therefore it be hold in e S age that a man g roll g non compos chin can attorn  for he who be amen without a mind can make a attornment which be a agreement  and yet if a man non compos chin be lessee for year render rend and the lessor  eject he and make a feoff and afterward the lessee non compos chin reenter  this act of reentry subject himself to distress and a action of waste although  he can not make ail express attornment so in the case at bar although the  second lessee can not make a express attornment yet his reentry revesting all  interest and estate which be divest by the act and wrong of the feoff shall  subject both the lessee to distress c and as the second lessee may assent that  he in reversion shall make a feoff and livery and seize thereupon and that  shall bind the first lessee forasmuch as he have give he the possession coke b  so in the case at bar the first lessee have make a lease to the second lessee  he have thereby give he power of reentry which act subject both to distress c  the law be ground on great reason and equity in this point for perhaps the  feoff be a purchaser and a stranger know nothing of the lease or know of it  and think that it be void or defeat God forbid if after the lessee have evict  or lawful take the possession from he which he think to have enjoy   a quod  pain to put to collision see to lose the possession and also to be without  remedy either for the rend reserve which the lessee enjoy the land in  conscience ought to pay or for waste which the lessee be by law prohibit to  commit and a   light b a coke chief justice say that be the eviction by the  lessee by entry or action that the reversion remain in the coke report a er p  feoff and he shall avow and have a action of waste against the opinion of  Ashton in b h b accord to the opinion of Thorpe justice in e b who say that if  he in reversion seize the tenant for life and alien in fee although the tenant  recover the freehold yet the reversion be not restore so say Seton in e b that  if I seize my tenant for life and make a feoff to another in fee although my  tenant for life recover afterward by assize the reversion remain in the feoff  c fort quior be disposition law how man and therefore he who have a future  interest can surrender it by any express surrender but by take a new lease  which be a act and amount to a d surrender in law it may be surrender and  determine as it be hold in e h c so if the f father be feoff in fee and the  feoff warrant the land to he and his heir now his assignee shall not vouch but  if the father feoff his son and heir apparent with warranty and die in that  case the heir be in truth assignee shall vouch for the law which have  determine the warranty of the father to the son will give the son the benefit  of the first warranty as it be adjudge in g e by which it appear that the act  of law be strong and more equal than any act which the party can have do so in  the case at bar the entry of the lessee by which the act and judgement of law  all interest and estate be settle accord to the law be strong than a express  attornment for that the second lessee can not make and more equal for inasmuch  as the possession be evict by the second lessee and thereby the interest of  the first lessee revested and a reversion settle in the feoff equity require  that the feoff who have lose the possession shall not be without remedy to  recover the rend and to punish waste e a b Audley earl of Gloucester case h  the lessor seize his lessee for life and make a lease for life to another the  first lessee reenter he leaves the reversion in the second lessee for life and  he shall have the rend reserve e b I if he in the reversion ousts tenant by  statutemerchant and make a feoff in fee and the tenant by statutemerchant  reenter that make the reversion in the feoff yet there be not any attendance  vide coke a ass p I Hassingborn assize h h h and h vide king h a where the  case be misprint for the true case be as I have see it in the manuscript that  if he in reversion seize the donee and make a feoff in fee and the donee  reenter he leaves the reversion in the feoff but if the donee be seize and the  donor seize the seize and make a feoff in fee and the donee do make regress  the feoff shall not have the reversion but the seize n for the b   b c   a    light a roll Rep hut side   b   a d   light b a roll   b b Cr Elizabeth Poph    b a b Leon Leon Dall Leon more and dyer pl pl pl pl pl pl Perk sect h a Br  lease roll Rep lane light Rep h a Plowd b b Br surrender   b   a raym Benl  kelw b h a b Br estoppel side e h b f   a   a roll Rep roll   light b g e b h    light b a I   light b king   light a a n the reason be that where the  stranger seize the donee he gain by wrong both the tail and the reversion and  then have in he one entire estate in fee now when the donor disseize he be  gain the estate which the seize have which be entire and so his seize can  divide the estate as they be for his whole estate be by the wrong in the first  seize none have right of entry but the donee then when he make his feoff over  that give no estate but that wrongful one but it give away his right also not  by grant but by drown and die in the land so then when the donee reenter he  can have no more than his own and must by his entry restore the reversion the  feoff can bold the reversion because the estate he have be no other than that  be wrongful get by the donor from the first seize and give to he wherein there  be in effect the tail of the donee and the reversion of the seize and now when  the donee reenter he can restore the reversion to the feoff in respect of the  right because it be utter annihilate by the feoff which can give but do  extinguish it hob earl of Clanricards case Vid press cony et seq press cony  and Vid Goodright v forester east and the authority cite there that a right of  entry be not assignable nor devisable dub whether revisable per Mansfield CJ  Goodright v forester taunt coke report b er p difference between a estate and  a right a estate may well pass to the feoff by the feoff as where he in  reversion seize the donee or the lessee for life but where the donee or lessee  be seize now he in reversion have but a right which he can transfer to another  and therefore when he seize the seize and make a feoff that passes the estate  which he gain by seize and extinguish his ancient right which he can not  transfer to another and then the first seize have the first possession and  better right than the feoff of he in reversion for he come in under he who  seize the first seize and the ancient right be extinct so if the disseizee  seize the heir of the seize now he have gain a estate by seize and have a  ancient right if he make a feoff in fee to another he thereby passes the  estate which he gain by seize and extinguish his ancient right which he can  not transfer to another for there be such a extreme and natural enmity between  the estate by wrong gain by seize and the ancient right that the right can  incorporate itself in the estate by wrong and pass with it but in such case  rather suffer extinguishment than to pass with it so that when the heir  reenter he shall hold the land for ever as well against the feoff as the feoff  so if lord and tenant be by fealty and rend and the lord seize the tenant of  the land and make a feoff in fee the signiory be thereby extinguish but if a a    light a a man make a gift in tail or a lease for life c render rend and  seize the tenant in tail or for life c and make a feoff in fee there the  estate passes the feoff and when the donee or lessee reenter be revive the  rend as incident to the reversion the same law of a lease for year in the case  at bar so there be a difference between a reversion with b dyer pl b rend  incident to it and a right or signiory or rend in fee h c die c die b  Elizabeth d dyer pl d die the case of the greyhound and judgement be give for  the defendant who make conusance in the right of Henry finch and this be the  first matter in law that coke chief justice argue in the common plea after he  be chief justice