cclvi pain case sir moil finch case a writ of error be bring by pain treasurer  of the record of the king bench in the exchequer Chamber upon a judgement give  in the court of exchequer upon a assignment of a lease for year by the earl of  Oxford to the queen one error be assign that whereas the issue be join upon  intrusion in take of the profit and so two matter put in issue the jury have  find pain guilty of intrusion but have say nothing of the take of the profit  and so the verdict do not full meet with the issue but the great matter of the  case be upon this point the information be that the assignment to the queen be  maii the intrusion maii the Leonard enrolment of the deed of assignment the of  may so it appear upon the record that the intrusion be suppose to be do before  the queen have any interest in the land in which the intrusion be suppose for  nothing be in the queen before the enrolment for the queen be a corporation of  state of such prerogative and excellency that she can give or take interest in  any land without matter of record and this lease be a chattel real and  interest in land see as to the enrolment h e e but I grant that if the lessee  for year be outlaw the lease shall be in the king without office for the  outlawry it self be a sufficient record to entitle the king to it if the queen  make a lease for year of land render rend with clause that if the rend he  behind that the lease shall cease if the rend be not pay it be agree here in  sir moil finch case that the lessee continue his possession shall not be  account a intruder before office thereof find but he shall be accountant to  the queen for the profit as bailiff of his own wrong but here we be charge  with intrusion it have be doubt if personal thing be in the king without  office h but now it be clear that it be as e Br preasked the villain of the  king purchase good the property thereof be in the king without seizure and so  of all personal chattel because transitory h h h and here it appear upon  record that this deed of assignment be deliver to baron clark the of may at  Westminster and to that we say that the say day be die Ascentionis such non  assize towns and so no court there then hold and then the say deed be not  deliver in court of record and then not deliver unto he as a judge but as a  private person although it be deliver to the use of the queen but in h there  be some opinion that if such a deed be deliver in court to one of the baron or  be put into the king Leonard er p coffer that then it be a record Atkinson  contrary and as to the first exception it be to be know that in every plea  where a contempt be lie to the charge of the defendant he ought first to  execute or clear the contempt and therefore here the exordium of the plea be  quoad venire way arms whoever be in contempt owner queen nec non de totan  ulteriore trausgressione contempt per Self become supposit ipse in nullo be  ind worthy of blame and afterward plead over and so it be in a action of  trespass and also upon the statute of h of forcible entry and here the issue  upon the contempt follow the other issue for if the one issue be find against  the defendant so also be the other as to the other point I grant that a  corporation can take or speak without write and the king be the corporation of  corporation and the chief of corporation and who make all corporation can take  without a write of as high a nature sure record and we have a record here as  it be grant of the other side be enrol the of may which be deliver the of may  and then pain upon the whole matter be the of may a intruder by relation of  the deed to the time of the first delivery and a intruder by his entry can  gain any thing out of the queen and therefore the information upon the  intrusion be to visit a day turn intrusit although it be but one continue  possession and therefore at every instant during his possession he be a  intruder as unto the delivery of the deed of assignment upon the day of the  ascension which be not die assize towns the same be not material as be e by  Pigot if the day of the return of a writ I e quarto die fall out in die  Dominica yet it be good enough although no court can then be hold but the day  follow and the plea be not discontinue and this delivery of the deed of  assignment may be out of term and therefore at any day within the term which  be not die assize towns but contrary of a thing which be necessary to be none  within the term as in the case Leonard between fa and Broket of proclamation  make upon a fine for a man may acknowledge a recognizance or a deed to be  enrol in the time of vacation c Tanfield as to the interest the enrolment have  relation but not as to the profit for pain can be a intruder the of may by any  relation Popham the queen attorney when a information upon intrusion and take  of the profit be here exhibit the defendant ought to justify his entry and if  the entry be find against he so as his entry be a intrusion then the unlawful  take of the profit be find also and he say that the deed acknowledge and  deliver to the baron be a record although it be not enrol be the  acknowledgement thereof either out of court or in court if a information upon  a penal statute be exhibit unto a baron of the exchequer out of court and  afterward another informer exhibit another information upon the same statute  for the same offence against the same person and that be bring into the court  before the first the first information shall be prefer and the defendant shall  answer to that and not to the other and for the exhibit of it in court or out  of court it be not material and the assignment when it be enrol have relation  unto the acknowledgement of it a reversion be grant to one for life the  remainder to the king the particular tenant attorns the remainder be not in  the king by the attornment but if the deed be afterward enrol it shall be say  to be in the king from the time of the attornment and the king shall have the  benefit of the whole mean profit from the time of the attornment a lease for  year be make by the king reserve rend with clause of distress that if the rend  be not pay that the lease shall be void the rend be not pay ten year after a  office be find the king shall be answer all the profit from the time of the  default of payment of the rend and although no intrusion can be lie on the  information maii yet it shall be for the day of may coke the judgement for the  queen upon a information of intrusion quod defend de intrusion transgression  contempt predict convinca c and afterward a commission shall issue forth to  inquire of the mean profit and there the defendant may show the matter for to  mitigate the damage and if the intrusion be at any time in the information it  be well enough to have judgement and in our case the continuance be lie maii  Egerton solicitor general the record do warrant the judgement give upon it for  possession lie in the queen be sufficient to maintain this information and  here pain do not answer to the title of the queen but traverse the intrusion  and therefore be find a intruder by verdict judgement ought to be give upon it  for the jury have find the Leonard er p intrusion general and not special the  of may and that can be assign for error for it be part of the verdict of which  error do not lie but attaint for if any error be the same be in the jury and  not in the court which manwood grant Tanfield as unto the case of continuance  of a intrusion it be clear that every continuance ought to have a beginning  for a thing which have not a beginning can be continue and here be not any  beginning for the beginning which be lie in the information be pretend to be  maii and that can be for the cause aforesaid Popham if a information be bring  of intrusion as appear in many memorandum in the exchequer where in truth  there be not any record to prove it and the jury find the intrusion will you  have a writ of error upon it and every continuance of intrusion be intrusion  Anderson the same matter have be good evidence send non to have locum hic Len  Leonard trin Elizabeth in the common plead in it hill rot