cclvii holland and franklin case replevin averment relation of record and deed  in a replevin the defendant make conusans as bailiff to Thomas Lord Howard and  show how that the prioress of Holliwel be seize of the manor of prior in her  demesne as of fee c and Nov h by deed enrol sell unto the Lord Audley the say  manor who die have issue a daughter who take to husband Thomas late duke of  Norfolk who have issue the say Lord Howard and that after their death the say  manor descend c the plaintiff in bar of the conusans show that the say deed be  primo weigh Nov h and that mean betwixt the date and the delivery sure October  the say prioress lease the say manor to one a for ninety nine year and convey  the term to the plaintiff without hoc that the prioress bargain and sell the  say manor to the Lord Audley ante dimission predict speech a fact upon which  there be a demurrer cook this averment of another delivery than the deed do  purport against the deed enrol shall not be receive no more than a man may  aver that a recognizance be acknowledge at another day c for every record  import a truth in it and express averment shall not be receive against it but  a man may confess and avoid see h it can be assign for error that in a  redisseizin the sheriff non accessit ad tenement as he Leonard er p have  return for that be against his return which be record and the date of the  record be the principal part of it which see h by all the justice that matter  of record have always relation to the date and not to the delivery contrary of  a deed which be not of record for the same shall have relation always to the  delivery and see h by all the justice averment against a deed enrol that it be  not deliver shall not be receive so in the case betwixt Ludford and Gretton  Elizabeth blow it be hold by all the justice that the king charter have  relation to the time of the date because that matter of record carry in they  by presumption of law for the highness of they truth and therefore one can say  that such a charter be make or deliver at another day than at that at which it  bear date so of a recognizance statute c but against letter patent a man may  say non to go away for perhaps nothing passes thereby and then it be not  contrary to the record Atkinson contrary I confess that the party himself who  deed it be can take a direct averment against a deed enrol but be may confess  and avoid it so as he leave it a record as if a fine be levy by another in my  name of my land I be bind by it but if the fine be levy by another in my name  I be not bind for I may confess and avoid it and yet leave the record good but  here the plaintiff be a stranger to his deed enrol and some record shall bind  all person as certificate of bastardy c for all may give evidence in such case  h estoppel a make a feoff in fee and afterward before the coroner confess a  felony suppose to do before the feoff the feoff shall have a averment against  it Egerton the queen solicitor contrary matter of record can be gainsay in the  point or in matter of implication and therefore against that he can say non be  factum e Abb a deed enrol in pais can be deny e a deed enrol be not a record  but a thing record which can be deny and here this plea be a violent averment  against the deed for it amount to as much as if he have say not his deed at  the time of the enrolment but I confess that such a deed may be avoid by a  thing which stand with the deed by matter out of the deed it have be object  that this acknowledge of the deed ought to be make by attorney Leonard and  therefore make in person it be not any acknowledgement and so against such  acknowledgement non be factum may be plead and a fine or confession in a writ  of annuity upon prescription or in assize shall bind the house see e Abb that  a fine recognizance and covenant of record shall bind the house in such case  and the acknowledgement of the prioress alone will serve in this case for the  nun be as dead person and situation that a master of the chancery come into  the chapterhouse and receive such a acknowledgement I conceive that it be good  enough it have be object that here the plaintiff be not estopped to take the  averment because we have not plead our matter by way of estoppel certain the  same needs not here for the record itself carry the estoppel with it and the  truth appear by the record and the court ought to take hold of it Godfrey  contrary a deed enrol may be avoid by matter which be not contrary to the  record as r estoppel in sur who in vita a release of the mother of the  demandant with warranty be plead in bar and that enrol to which the demandant  say that at the time of the release suppose to be make our mother have a  husband one f and so the deed be void and so avoid the deed by matter dehors  sure coverture so of enfancy but not by a general averment a man not letter  shall avoid a deed enrol by such special matter so a obligation make against  the statute of h and these special matter shall utter avoid the deed against  who they be plead but in our case we do confess the deed to be good to some  intent sure after our lease expire for which our case be the better case and  at another day it be object that the deed can not be acknowledge without a  letter of attorney be a corporation which consist upon diverse person as  prioress and covent and they be always to be intend to be in their  chapterhouse and can come into court to acknowledge a deed to which it be  answer by cook that this acknowledgement be general plead it shall be intend  that it be do by a lawful mean and there be no doubt but that such a  corporation may levy a fine and make a letter of attorney to acknowledge it  and see man Fulmerstones case it be further object that this deed be enrol the  same day that it bear date for the plead be per factum suum to bear about  datum novemb Henry et the same Leonard er p die year enroll and by the statute  such a deed ought to be enrol within six month next after the date so as the  day of the date be exclude and so it be not enrol within six month as to that  it be answer by cook that the time of computation do begin present after the  delivery of the deed as in the common case of lease if a man make a lease for  year to begin from the day of the date the same be exclusive but if it be to  have and to hold from the date of the deed it shall begin present and a  ejectment suppose the same day be good and then here this enrolment be within  the six month and yet see Elizabeth dyer Pophams case it be also object that  it be allege in the conusans that the manor be sell to the Lord Audley and  that the deed of bargain and sale be acknowledge and enrol in the chancery the  say lord be then Lord chancellor and he can take a acknowledgement of a deed  or enrolment of it to himself for he be the sole judge in the say court so as  the deed be acknowledge before himself and enrol before himself and that be  good enough for here we be not upon the commonlaw but upon the statute and  here the word of the statute be perform and the enrolment of the deed be not  the substance of the deed but the deed it self also the acknowledgement of the  deed after it be enrol be not material for he be estopped to say that it be  not acknowledge and as to the matter it self a man shall not have averment  against t the purport of a record but against the operation of a record as not  put in view not comprise part ad that which divides nothing haberunt c and  against letter patten of the king non to go away be a good plea which see  Elizabeth for by such plea it be agree that it be a record but that nothing  service Owen Len Len   Inst Len Inst dyer b cro hill Elizabeth in the king  bench rot