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.

P.

Pardon.

• IN what case a general Pardon not to be regarded, unless specially pleaded, A. 300, 301. B. 28.
• Where the Kings General Pardon will not a∣vail without words of Giant, B. 123, 124. C. 186, 187.

Parson and Patron.

• What a Vicar is, A. 182.
• They and the Ordinary joyn in a Lease of the Gleab, if this bind the Successor, A. 234, 235.
• What an Arch-deacoury is, A. 316.

Partition.

• Between Tenants in Common and Joynt-Te∣nants where good, where bad, without Deed, A. 103.
• The form of the second Judgment, A. 280. B. 50.
• Against whom it must be brought, A. 291.
• If it may be made of a Use, B. 25, 26, 27.
• The pleading thereof, B. 24.
• What part is void, what only voidable, B. 25, 26.
• Form of the Writ, and where it must shew de qua haereditate, B. 118. C. 231.
• If it lies by a Corporation upon the Stat. 32 H. 8. C. 162.

Patent. See Grant of the King. Perjury. See Stat. 5 Eliz.

• May be punished at Common Law, though the Jury give a Verdict against the false Testimony, C. 170, 230.

Petition of Right. See Monstrans. Plaint.

• In all Inferior Courts, there ought to be a Plaint entred before the Defendant be summoned, A. 185, 186, 302.

Pleading and Pleas. Vide Bar, and Iustification.

• Of a Lease at will, it's good to aver the life of the Lessor, A. 14.
• Of an Averment that the Rent, &c. was parcel of a Mannor, A. 15.
• Of a Fine and Non-claim, not needful to aver, Infra Regnum, sanae memoriae, &c. A. 18, 76.
• What things must be shewed by the Plaintiff to enable his Action, or must be pleaded by the Defen∣dant, A. 18, 76, 131, 306. B. 5. C. 40, 41, 42, 43.
• Of a Recovery in an Affise in Bar to Trespass, A. 24, 193.
• That a Rectory was appropriated to a Colledge, A. 38.
• The Election of a Bishop, Ibid.
• Where Ne unques accouple, &c. shall be pleaded, and where Non fuit uxor, A. 53. B. 170, 171.
• Of an Utlary to entitle the King, A. 63.
• Where Nient damnify, is a good Plea to an Award; which was, That the Defendant should discharge and save the Plaintiff harmless from a Bond, A. 71.
• The performance of a Condition to convey the Defendant must shew by what Conveyance, &c. A. 72.
• Of a Fine with Proclamation upon the Statute of 4 H. 7. 1 H. 3. and 32 H. 8. A. 76, 77, 78.
• Of an Agreement to an Estate, Legacy, &c. A. 129.
• What matter ought to be shewed by the party who pleads, or to come in on the other side, A. 18, 76, 100, 131, 306. B. 5. C. 40 to 43.
• Of performance of a negative Covenant, A. 136.
• To two Bars, there must be several Replications or Demurrers, A. 139.
• Of a Bargain and Sale, must alledge a Considera∣tion, A. 170.
• Where it is not necessary to shew the beginning of a particular Estate, nor to aver the life of Te∣nant for life, A. 66, 139, 176, 255. B. 50, 94, 95.
• Of a Recovery in a real Action, it must be shewed, that the Tenant was Tenant of Freehold; Contra, in an Assise, A. 193.
• Of Nient comprise in a Recovery, A. 184, 185.
• Avowry for Damage Feasant in Copyhold Lands leased to the Avowant, The Plaintiff pleads a prior Title to the Mannor in Fee, and Ill, for he ought to have said, he was seised until the avowant entred praetextu of the Lease, A. 288. B 80.
• In what case one may plead Not Guilty in Tres∣pass, A. 301.
• Of a Feoffment by two, or a Bond made to two, where one is dead, A. 322. B. 220.
• Where one may plead nil debet, or the special matter, B. 10.
• To let for Rent, of an Eviction by Title, B. 10.
• Where one must plead non concessit, or that no∣thing passed by the Deed, B. 13,
• Where in pleading, a place certain must be al∣ledged, Vide Lieu & County.
• Where to an Information for the King, the De∣fendant cannot plead Not Guilty, but must answer specially to the Tort, B. 34.
• ...

• Of performance of Conditions to make a good Estate, repair a House, &c. B. 39.
• Where de injuria sua propria, is good Replication with and without a Traverse, B. 81, 102, 103.
• If a Stranger be bound that the Lessee pay his Rent, he may plead entry and expulsion, B. 115.
• Where a Plea must conclude, Judgment if Action; or, If he ought to answer, B. 160.
• That he paid all Debts owing by him to J.S. he ought to shew what Debts, C. 3.
• No pleading of a thing conveyed per nomen, &c. but by Deed, C. 9, 10.
• Plea vicious in Debt upon a Recognizance con∣cluding, Judicium si Executio, &c. C. 58.
• Of Entry into Religion, Resignation, and Divorce, C. 199.
• No pleading to the Jurisdiction of the Court, af∣ter a general Imparlance, C. 214, 215.
• One cannot plead an Attachment after Impar∣lance, C. 232.

Pledges.

• The King and an Infant need find none, B. 4, 185, 186.

Pluralities.

• If an Arch-deaconry make it, A. 316.

Posse Comitatus.

• Cannot be but out of the Chief Court at Westui. C 99.

Possession.

• Unity of Possession of 3 purparts of a Mannor, does not make the whole liable to a charge grant∣ed out of two parts, A. 85, 86.
• Unity of Possession of Land and Tithes out of which, &c. does not extinguish the Tithes, A. 248, 331, 332.
• Entry of the Brother in one County into the De∣mesnes of a Mannor extending into two Counties, does not make a possessio fratris, A. 265.
• If the possession of a Reversion after a Lease for years make a possessio fratris of Copyhold Lands, C. 70.
• Whether Unity of possession of Lands and Com∣mon in the King of Abbey Lands, extinguish the Common, C. 128.
• If recovery of Dower against the Brother take a∣way a possessio fratris, C. 155, 156.
• What possession makes a possessio fratris, C. 273.
• Power to make Lease by Act of Parliament not pursued, C. 72.

Premunire.

• Lies not for the party, If the Kings Attorny re∣lease, A. 292.
• For trying a Freehold without Jurisdiction, Ibid.
• For proceeding in the Admiralty for a matter done upon the Land, it must appear in the Libel to be done on the Lands; else this Action lies not, B. 183.

Prerogative. See King.

• That the King shall have a Fine upon alienation of his Tenant in Capite, A. 8.
• The Court ex officio must preserve it, A. 63, 322.
• Where the King shall have Primer Seisin, A. 65, 66.
• Lands come to the King which are charged with a Rent; no distress lies, but a Petition of Right, A. 191.
• One cannot cross the King his Title, but he must intitle himself, A. 202, 294.
• To present a Clerk upon a Lapse vested in the Bishop, whose See is after void, A. 235.
• Where the King shall have Primer Seisin and Ward, A. 253, 284, 285.
• To charge Executors Ad. Computand', B. 34.
• The King needs not demand a Rent to entitle himself to a Re-entry, A. 12. B. 134. C. 125.
• May distrain for a Rent-Seek, C. 125.
• May reserve a Rent to a Stranger, C. 127.
• Shall have account against Executors, C. 198.
• The King shall not have his Prerogative to be first satisfied of a Debt which comes to him by As∣signment, if a Prior Extent be executed, C. 239.
• Upon such Extent the King shall have the whole Land, though the Conusee could have but a moiety, C. 240.

Prescription.

• For Estovers within a Forest, A. 2.
• Cannot be to take all the profits, &c. but may be to have Fold-course or the like, A. 11, 142.
• For Common when the Land is not sowed, A. ••3.
• No Prescription though no memory to the con∣trary, if the commencement be known, A. 10••. B. 28.
• That none shall exercise the Trade of a Baker in a Market Town without the Plaintiffs Licence, A. 142, 143.
• Laid in Tenant for life, and him in Remainder in tail, and yet good, A. 177.
• Where good to have Suitors to a Court, and to take Toll, &c. A. 217, 218.
• Void, because unreasonable, A. 232, 314. C. 41, 42, 81, 82.
• Good and reasonable, A. 232, 233, 314. C. 41, 42.
• Spiritual Persons may prescribe, in non decimando, A. 241, 248.
• Though such Prescription be interrupted by the Land coming to Lay-hands, yet it is not destroyed, A. 248.
• What words apt to make a Prescription, what not, A. 273.
• None against a Statute, B. 28.
• Not a good Prescription, That every Inhabi∣tant in a Town shall have Common, B. 44, 45. C. 200.
• ...

• In pleading a Prescription in a Vill, it must be pleaded, that the Vill is Antiqua, &c. B. 98.
• How to prescribe for a Way with Horses and Car∣riages, C. 13.
• In pleading it, it must be said that the Prescrip∣tion was once executed, not only quod potest, &c. C. 83.

Presentment to a Church.

• Before Induction the King may repeal his Presen∣tation, A. 156. B. 164.
• Presentee of the King by Lapse dies before In∣duction, Videtur that the King may present again, A. 156.
• Grant of the next Presentment made when the Church is void, is also void, A. 167.
• The difference between it and a Collation, and the definition of them, A. 226.
• If the Bishop die after Lapse devolved to him, the King shall Present, A. 235.
• What kind of Interest it is, Ibid.
• If an Archdeaconry become void by the Deacon, being made Bishop, the King shall present, and not the Patron, C. 151.
• The King cannot revoke his Presentment but by express words, and reciting the first, C. 243.

Primer Seisin.

• The Heir shall pay a third part of the profits for Primer Seisin, C. 25, 54.

Principal and Accessary.

• If the Attainder against the Principal be rever∣sed, the Accessary is discharged, A. 325.

Priviledge.

• A person who is priviledged by reason of an Action depending in the Common Bench, is privi∣ledged for the Goods of Strangers in his hands, so that they cannot be attached, A. 169, 189.
• What duty to the King gives a Subject the pri∣viledge to sue in the Exchequer, B. 21.
• If both parties are previledged in the Courts at Westminster, allocatur querenti, B. 41.
• One priviledged after Judgment quod computet, B. 68.
• Who shall have the priviledge of the Exchequer, and who not, B. 146.
• Where the priviledge of Attornies of the Courts in Westminster is preferred before a Custom of London. B. 156, 166, 167.
• How the Warden of the Fleet must be sued in the Common Pleas, B. 173.
• No priviledge by Writ out of the Exchequer for one of the Kings Houshold, C. 223.

Prohibition.

• For that the party hath remedy by the Common Law, A. 10.
• Prohibition as to part, Quatenus non agatur, &c. A. 20.
• To the Spiritual Court upon suit there for a Le∣gacy, suggesting, that the Testator was indebted to the Executor, Ibid.
• Lies not upon surmise that Mony ought to be paid to the Parish Clark in lieu of Tithes, A. 94.
• Lies not where the doubt is only Cui solvendae, A. 94, 128. C. 203.
• It seemeth the contrary, C. 265
• Lies not upon surmise that the Parson hath used to take the Corn growing upon every tenth Land, for the Custom is unreasonable, A. 99, 100. Cont. B. 70.
• Attachment sur Prohibiton upon the Parsons Li∣belling de novo for the same cause, A. 111.
• In Attachment sur Prohibition, it is Error if the Count vary from the Suggestion, A. 128.
• Upon a Suit in Court Christian for not bringing in an Inventory, A. 129.
• For the Plaintiff in Court Christian, to stay the ad∣judging of Costs there against him, A. 130.
• Where Prohibition lies, and upon what composi∣tion with the Owner or Rector, A. 23, 151. B. 29, 73. C. 257.
• If the suggestion be apparently vicious, the Court does over-rule it, and not put the Defendant to de∣mur, A. 181.
• To stay a Suit for a Legacy given in satisfaction of Dower; upon a mutual Agreement, A. 235, 236.
• Lies upon suggestion that the Lands are dis∣charged as they were in the hands of a Prior, &c. A. 240, 241, 331, 332.
• Consultation quoad part of a Legacy, and quod non agatur de validitate facti, A. 278.
• Lies against the Kings Farmor, A. 286.
• Prohibition must be several, if the Libels be se∣veral, Ibid.
• The suggestion may be given into Court by At∣torny, Ibid.
• Lies upon surmise that there not being sufficient Herbage for the Cattle of the Plough, the Owners have used to depasture in green Tares Tithe-free, B. 27, 28.
• Consultation granted to the Spiritual Court for calling one Witch and Inchantress, B. 53.
• Lies upon surmise, that the Owners have used to have the Hay on the Balks, for cutting down the Corn, B. 70.
• Lies upon surmise, that the Lands where the Ci∣stertians, and the Plaintiff is immediate Farmer to the King, B. 71.
• Upon refusal of a Plea in Court Christian, B. 101.
• If the Spiritual Court call in question the right of Presentation, Prohibition lies, B. 168.
• If Prohibition lies upon surmise, that the Parson who sues for Tithes is deprived, B. 212, 213.
• Prohibition granted, for that the Spiritual Court refused to take a Plea, that the Plaintiff there was not Incumbent, C. 265.

Proof.

• Where an Act is to be done upon proof generally, how it must be done, and when, A. 256. B. 215.
• What suggestions must be proved per Stat. 2 H. 6. B. 212, 213. C. 257.

Property.

• What kind of property the Lessee hath in the Trees, A. 49.
• What bailment shall alter the property of Goods, what not, B. 30, 31. C. 38.
• If the property of a Deer be lost by his going forth of the Park, B. 201. C. 219.
• What property one hath in a Greyhound, Conies, &c. C. 219.

Protection.

• In Debt Quia in obsequio Regis, A. 185.
• Quia profecturus with the Kings Officer into Scot∣land, C. 20.