cccxxviii mich Elizabeth in the king bench in a formedon of a manor the tenant  plead jointtenancy by fine with I S the demandant aver the tenant sole tenant  as the writ suppose and upon that issue be join and find for the demandant  upon which a writ of error be bring and error assign in this that whereas  Leonard upon joyntenancy plead by fine the writ ought to abate without any  averment by the demandant against it the averment have be receive against the  law and by Southcote at the commonlaw if the tenant plead joyntenancy by deed  the writ shall abate without any averment but that be remedy by the statute of  e but joyntenancy by fine do remain as it be by the commonlaw for he have  punishment enough in that because by that plea if it be false he have by way  of conclusion give away the moiety of the land in demand to he with who he  have plead joyntenancy and the law do not intend that he will so slight depart  with his land for the abatement of a writ else in a praecipe quod To give back  the tenant confess himself to be villain to a stranger the writ shall abate  without any averment of frankestate for the law intend that the tenant will  not enthrawl himself without cause Wray to the same intent but the demandant  may confess and avoid the fine as to say that be who levy the fine be his  seize upon who he have before enter c and if tenant in feesimple be implead  and he say he be tenant for life the remainder over to a in fee aad pray in  aid of a the demandant shall not take averment that the tenant the day of the  writ bring be seize in fee note that in this fine Joyntenancy be plead but for  parcel and it be hold by Wray and Southcote float the whole writ shall abate  as in a writ against many the misnomer of the one shall abate the whole writ  against all the defendant and so where the demandant enter into parcel of the  land in demand if the land in demand be one entire thing Leonard er p it shall  abate the writ in all in this case the demandant ought to have in his writ a  foreprise of the land parcel of the land in demand whereof the jointtenancy by  fine be plead for this dismember of the manor and destruction of the land  whereof the joyntenancy be plead be peravail and beneath the gift whereof the  formedon be conceive and therefore in respect of the title of the demandant it  remain in right parcel of the manor and therefore it ought to be demand accord  with a foreprise but if a give to b a manor except acre in tail there if after  upon any discontinuance the issue in tail be to have a formedon in such case  there needs not any foreprise for the say acre be never sever from the manor  upon the gift but if land in demand be several as acre but two this foreprise  be not good vide temps e Fitzherbert Br praecipe One cry aloud terrae except a  selion and the writ be abate for every demand ought to be certain but a selion  be a parcel of land uncertain as to the quantity in some place it be a acre in  some more and in some less another point be that because that the tenant have  admit and accept this Leonard averment sure sole tenant as the writ suppose if  the court notwithstanding the admittance of the tenant ought without exception  of the party ex duty abate the writ and Wray conceive that it may for it be a  positive law as if a woman bring a appeal of murder upon the death of her  brother and the defendant do admit it without challenge or exception yet the  court shall abate the appeal e and vide the principal case there non therefore  to punish dominus and if a action be bring against a ostler upon the common  custom of the realm and in the writ he be not name common ostler and the  defendant do accept of such a writ without any exception unto it yet the court  shall abate the writ ex duty vide h