boundary PASCHI James earl OF cumberlands case the case be as follow videlicet  it be find by office at Kendal of December James that George late earl of  Cumberland day ante approaching suum be seize in tail to his heir male of the  castle and manor in Browham and Appleby c the remainder to sir Ingram Clifford  in tail with diverse remainder over in tail the remainder to the right heir of  Henry earl of Cumberland father of the say George and that the say George so  seize by fine and recovery convey the premise to the use of himself and the  lady Margaret his wife for their life for the jointure of the say lady and  after to the heir male of his body and for the default of such issue to the  use of Francis now earl of Cumberland and his heir male of his body and for  want of such issue to the use of the right heir of the say earl Georg and that  by virtue thereof and of the statute of use the say earl George and the lady  Margaret his wife be seize accord and that the say earl be so seize by  indenture of October of January in consideration of blood of covenant to stand  seize of all his hereditament to the use of himself and the heir male of his  body and for want of such issue to the use of Francis now earl of Cumberland  and the heir male of his body and for want of such issue to the use of Francis  now earl of Cumberland and the heir male of his body and for want of such  issue to the use of the heir of the body of the say gorge earl and for want of  such issue to the use of Francis now earl of Cumberland and his right heir by  virtue lie whereof and of the statute of use the say George earl be seize of  the premise in tail to he and the heir male of his body with remainder over as  last above mention and the say earl George so be seize by his last will in  write october Jacabi to cause to revolve to disclose in his England word  videlicet and where I have by my deed bear date c convey t e premise ut above  with power of revocation I do hereby ratify and confirm the same and do hereby  for further assurance thereof devise and bequeathe all my castle manor land  tenement and hereditament as in the deed prout c per dictam ultimam will  abundantly to be fluid that this only is apparent beyond to say a swearer c  quod preceding georgius come Cumberland postea videlicet of the eighth month  James to go without bearede male de Corpore his legittime procreate and  further find that the say Margaret countess of Cumberland be live and that she  take the profit of the premise except the sheriffwick from the death of the  say late earl until the find of the say office and that the premise be hold  and at the time of the death of the say late earl be hold of his majesty in  capite by knight service and that the lady whether Clifford be daughter and  next heir of the say earl George and find her age and that the say earl George  no one alian sive more to have sive to hold messuagia maner castle c in county  prediction de speech lord ring well de to some place elsewhere in of well  slavery prout juratoribus preceding super deception what search to agree to be  able in pron  interrog  rei c question first whether there be enough find in  office to amount to a die seize second whether the office be not sufficient to  entitle the king three admit the office to be insufficient then whether it be  mere void so that a mandamus be to issue or that it be only defective whereby  a melius anquirend be to be award which case be deliver to the lord the judge  assistant that be sir Thomas Fleming chief justice sir Edward coke Wief  justice of the court of common plea and sir Laurence Tanfield chief baron  andafter counsel hear on both side although the same lord the judge assistant  be at first of opinion after they have hear the allegation and argument on  both part that the office upon the statute of h be a good and sufficient  office and that thereby his majesty be entitle to livery and primer seize yet  because it be but their opinion as they conceive the case prima fancy they  appoint to hear lie er p further argument in the say case which be do and  diverse precedent produce yet it be nevertheless determine and clear agree and  resolve for law by the say lord the judge assistant that in regard it be find  by the say inquisition that the say right honourable George earl have in his  life time by fine and recovery convey all his castle manor land and tenement  in the say count that of Westmoreland except the sheriffwick to the use of  himself and the lady Margaret his wife for their life for the jointure of the  say countess the remainder to the heir male of his own body with diverse  remainder over as aforesaid and the say late earl die without issue male of  his body and that the say countess be yet live and have take the profit ever  since the death of the say earl there be enough find to entitle the king  majesty to a livery and primer seize and that notwithstanding all the  allegation and objection make by the plaintiff counsel for the avoid of the  say office yet they be lie all of opinion and so do after long deliberation  full resolve that by the statute of h the same office be a full and sufficient  office and that there be as much find in the same as be requisite to be find  thereby whereupon it be decree accord