The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

LIV. Mich. 15 Eliz. In the Common Pleas.

THis Case was moved to the Court by Lovelace, Serjeant; A Man Covenants with another to make and execute an estate of such Lands as should descend to him from his Father and Grand∣father by a certain day, the same Lands to be of the clear yearly value of 40 Marks: And the Question which he moved to the Iu∣stices, was, That if the party had more Lands which came to him from his Grandfather and Father, than did amount to the yearly value of 40 Marks, If he was to make assurance of all the Lands, or of so much thereof only as amounted to the value of 40 Marks? And Manwood, Iustice, conceived, That he should make assurance of Lands only which were of the value of 40 Marks per annum: For the words (such which) do not go so largely as if he had said, All my Lands which shall descend, or to me be descended; for then the yearly value were but a demonstration, and all his Lands ought to be assured. But here the Intent of the Indenture can∣not be taken otherwise, than to have but an Assurance of so much Land; as if he had said, Of such Lands and Tenements as were my Grandfathers, and Fathers, amounting to 40 Marks by the year: for there by those words, he shall have but 40 Marks by the year. Lovelace, It hath been taken, That where the Queen made a Lease of all her Lands in such a Town, amounting to the yearly value of 40 l. that that valuation is not a demonstration, and shall not abridge the Grant precedent, to have all in the Town which should be of the value of 40 l. but her Grant shall be taken and con∣strued according to the words precedent. Manwood, The Com∣mon case of assurance upon a settlement of Marriage is, That he shall stand seised of so much of his Land as shall be of the clear year∣ly value of 40 Marks; If the marriage take effect, The Question hath been, If they to whom the assurance is made, may enter into any part of the Land at their election, and take that which is the best Land, to the value of 40 Marks per annum, and hold the same in severalty, or if they shall be only Tenants in Common with the other? And also it hath been a Question, Whether they may choose one Acre in one place, and another Acre in another place, and so through the whole Land where they please, because the Grant shall be taken strong against him that granteth: But I conceive, that it should be a hard case to make such Election of Acres. But it was said by some Serjeant at the Bar, That if a Man grant∣eth to another to take 20 Trees in his Lands, that the Grantee may cut down one Tree in one place, and another in another place: Manwood agreed that Case: but of the other Case, the Court doubted of it. The principal case was adjourned.