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.

A

Abatement of Writs.

• IF one of three Executors die, pend. brevi, the Writ abates, A. 44.
• Administrator sued as Executor, may abate the Writ, if the Administrat. was committed before Action brought, A. 69.
• A Feme sole Plaintiff takes Baron, the Writ is not abated, but abateable, A. 168, 169.
• If matter of Abatement appear in any part of the Record, the Court after Judgment will reverse the Judgment, A. 255.
• Action does not abate, if the Defendant die af∣ter the first Judgment in Trespass, and before the Return of the Writ of Enquiry, A. 263.
• Death, after Issue joyned, no cause of Abatement in the Civil-Law, A. 278.
• The Writ shall abate, if it appear the Plaintiff cannot recover the thing in demand, A. 333, 334.
• In what Real Actions two Tenants may plead se∣veral Tenancy, B. 8.
• It an Action shall abate after the Verdict, if it ap∣pear to be brought before time, A. 186, 187. B. 20.
• Writ shall abate, if the Feme be put before the Baron, B. 59.
• Where upon pleading Joyntenancy or Villenage the Writ shall abate, without any answer to the Pleas, B. 161, 162.
• Where a Writ shall abate Ex Officio Curiae, B. 162.
• A Writ of Deceit, not abated by the death of one Defendant, C. 3.

Abeyance.

• In what Cases a Use may be in Abeyance, B. 18. C. 21, 22, 23.
• The like of a Remainder, B. 73.

Acceptance.

• Where the Issue of him in Remainder accepts the Rent of Tenant for life, it is a good affirmance of his Estate, A. 243.
• What Acceptance of Rent by Lessor, shall bar him of his Re-entry for non-payment, A. 262.
• The Acceptance of Rent by the Feme, confirms the Lease of the Husband, C. 271.
• The like by Issue in Tail, of a Lease not war∣ranted by the Statute, C. 271.
• The like by an Infant at his full Age, C. 271.
• The like of a Lease by a Predecessor, and the Successor accepts the Rent, C. 271.
• By the Wives Acceptance of Dower, out of Lands exchanged, she agrees to the Exchange, C. 271.
• One disclaims, and after the Lord accepts the Rent of the Tenant, the Lord is barred of his right Sur Disclaimer, C. 272.
• Pending a Cessavit Tenant aliened, the Lord ac∣cepts Services from the Alienee, he is barred, C. 272.

Accord and Concord.

• No Bar, if not executed, A. 19. C. 212.

Account.

• Duresse a good Bar to it, A. 13.
• Capias ad Comp. after a former executed, A. 87.
• The power of Auditors, A. 219.
• Of what things an Auditor by Deed may make Allowance, A. 219.
• The power of an Auditor, deputed by a private person, A. 219.
• The difference of an Auditor, deputed by Parol, and by Deed, A. 219.
• After Account, and the Defendant found in Arrear, and then the Defendant dies, yet the Plaintiff shall recover, A. 263.
• Lies not for the profits of Lands, if the Defendant were in by Title, A. 226. C. 24.
• If the Jury ought to assess Damages, A. 302. B. 118, 196. C. 150, 192, 230.
• What may be pleaded in Ear, or must be pleaded in discharge before the Auditors, B. 30, 31, 195.
• If a Factor account to one of many joynt Traders, it is sufficient, B. 75, 76.
• If the Defendant plead, that the Plaintiff gave him the Goods he must traverse that he was Bailiff to render account, B. 195.
• If it lies against a meer Trespasser, or wrongdoer, C. 24.
• Where Account or an Action upon the Case lies against one who receives Mony to buy Cattle, and does not buy them, C. 38.
• ...

• In some Cases it lies against an Apprentice, C. 62.

Action upon the Case for Tort: See Nusance, Trover, Slander.

• For Erecting a Fould-course, in disturbance of the Lord who had one by Prescription, A. 11.
• By a Father against the Master of his Son, for beating and laming his Son, whereby he was dispa∣raged in Marriage, A. 50.
• Where it lies, for malitiously indicting of Felony, A. 107, 108.
• Lies, and not Trespass, for pulling down Hurdles in a Market, A. 108, 109.
• Lies against an Under-Sheriff, who took Mony to return, but did not return a Summons, A. 146.
• Against a Justice of Peace, for Arresting one for Felony, without accusation, A. 187.
• Against a Mayor, for not taking Bail, to an Action, A. 189.
• By Tenant in ancient Demesne, for taking Goods for Toll, A. 231, 232. B. 190.
• By a Sheriff against a Prisoner, who escaped out of Execution, satisfaction being acknowledged, A. 237.
• If it lies for retaining anothers hired Servant, A. 240.
• Lies for a Tenant in Fee for a Nusance, though he may have an Assise, A. 247, 273. Con. C. 13.
• If it lies for diverting a Mill-stream without Prescription, A. 273.
• If it lies against a Justice of Peace, for refusing to examine one who is Robbed, A. 323, 324.
• For conspiring with a Factor to cheat the Plain∣tiff, (who was a Joynt Trader with the Defendants) in Account, B. 75, 76.
• For laying too much weight on a Floor, which fell into the Plaintiffs Wares, B. 93.
• An over-loading a borrowed Horse, B. 104.
• By a Commoner, for over-charging the Common with Conies, B. 203.
• Against an Under-Sheriff proceeding after an Hab••as Horpus delivered, C. 99.
• If one whose Goods are stole, desire the Justice to examine one, no Action lies, unless he charge some one positively, C. 100, 101.
• Lies no for exhibiting an Indictment, which pur∣ported, that the Plaintiff was a Disquieter of the Neighbors, C. 123.
• For prosecuting a slanderous Bill against the Plain∣tiff to the King, that the Plaintiff had got 100 l. by Forgery, C. 138.
• For procuring J. S. to sue an Appeal of Death a∣gainst the Plaintiff, C. 140, 141.
• For maliciously indicting the Plaintiff, of what offences it lies, C. 140, 141.
• If such Action lies; if the Appeal were Erroneous, C. 140, 141. A. 279.

Action upon the Case for Assumpsit: See Consideration and Request.

• Lies for Rent, where the Action is changed from the Baron and Feme, to the Baron only, A. 43.
• Lyeth in consideration to forbear parum tempus, A. 61.
• Where it lies not for a Rent, A. 155, 156. contra, B. 107.
• To pay Mony at two or more days, when the Action must be brought, A. 319. B. 108, 221.
• If in such Action the consideration be laid to be at the Defendants request, the performance of the Consideration must be averred to be done at his re∣quest, B. 53. C. 91.
• If it be a good Bar, that the Plaintiff did dis∣charge the Defendant, B. 214, 203, 204,
• If it lies against Bailee of the Plaintiffs Bailee, who receiveth Mony to buy Goods, and bought them not, C. 38.
• Where this Action or Account lies, C. 38.
• If the Defendant may plead in Bar another pro∣mise, and traverse part of that in the Count, C. 67.
• A special Assumpsit must be precisely found and averred, else the Plaintiff shall not have Judgment, C. 99, 205.
• By a Sheriff, for that the Defendant promised not to sue him for an Escape, upon a Special Warrant granted at the Plaintiffs denomination, C. 227, 228.

Action Popular.

• Is vested in the Informer, and the King or his At∣torny, cannot enter a Nolle pro sequi as to the Infor∣mer, A. 119.
• In what Cases it must be brought in the Parties Name only, or for the King and Party, C. 237.

Action upon the Statute.

• Of 32 H. 8. cap. 9. of buying pretended Titles, its necessary to alledge, that the Defendant knew the Vendor had not been in possession, A. 167, 208.
• If the Action be brought pro parte gravata, the Statute of 31 Eliz. 5. does not limit him to any time, C. 237.

Addition.

• Must come before the Alias Dictus, else it doth not satisfie the Statute, B. 183.
• School-Master and Scrivener both good, B. 186.
• No utlary without an Addition, according to the Statute, B. 200.

Administrator and Administration.

• Durante minori aetate of three, ceaseth by the full age of any one, A. 74.
• Husband Administrator to his Wife, A. 216.
• The Ordinary may commit administration to whom he will, if he will incur the penalty of the Statute, A. 240.
• How to alledge Administration granted by a Chancellor or Vicar-General, A. 312.
• Granted by a Bishop where the Intestate had bona notabilia, &c. is ipso facto void, B. 155.
• If impleading Admistration granted by the Me∣tropolitan, bona notabilia must be alledged, B. 155.
• It is the safest to pay Mony upon a Mortgage to the Infant, and not to the Administrator durante mi∣nore aetate, C. 103.
• Are assigns in Law, and a Duty is payable to them, though they be not and named in the speci∣alty, C. 2 2.
• ...

• Administrator during the minority, &c. hath one in execution, and then the Infant comes of age; the Administrator cannot release the Defendant, nor acknowledge satisfaction, C. 278.

Admiralty.

• No remedy there for extortion done on the Land, A. 107.
• If they proceed by the Civil Law, where the Common Law can decide the matter, a Prohibition lies, B. 103.
• How the Admiral Grants his Offices, B. 115.
• Suit there for a moyety of prize Goods taken by two Ships, whereof one did but stand still while the other seised, B. 182.
• If by a Libel, there it appear they have not Juris∣diction, a Premunire lies, B. 183.
• Action may be sued there, upon a Bond made in France, and no Prohibition lies, C. 232.

Advowson.

• In gross cannot be made appendant, A. 26.
• By what words the Advowson of a Vicaridge may be granted, A. 191.
• Whether it pass from the King, by the words Bona & Catalla, A. 201, 202.
• To what it may be appendant, A. 207, 208.
• How an Advowson appendant to a Mannor may be granted, A. 208. B. 26. C. 17, 18, 193, 196.
• How an Impropriation may be disappropriated, B. 80.

Age.

• At what age a Man and Woman may consent to Matrimony, A. 54.
• The second Vouchee in a Cui in vita shall have his age, though the first should not, B. 138.

Agreement and Disagreement; see Acceptance.

• What shall vest in any person before or after A∣greement, A. 130. B. 223.
• If the Lords agreement to avoid admittance makes it good, A. 288, 289.
• Where an Interest shall be devested by Agree∣ment en pais; where not, B. 72, 73.
• To what time Agreement to a Disseisin or Feoff∣ment shall have relation, B 223.
• If an Agreement en pais, to an Estate, be good to devest an Estate, C. 271, 272, 273.

Amendment.

• Of a Christian Name in a Plea in Bar after de∣murrer, A. 24.
• What shall be amended by the Statute of 27 El. cap. 5. A. 80, 81.
• Shall be to affirm a Judgment or Verdict not e contra, A. 134.
• Of a Sheriffs Retorn, A. 145.
• None of the Christian Name of a Juror after Verdict, A. 267.
• Of a Judgment which was Ideo videtur Justic. quod quer. recuptret, B. 1, 2.
• If the Proclamation of a Fine, which were wrong with the Custos Brevium, and right with the Chiro∣grapher, C. 106, 107, 183.

Amerciament; see Fine. Annuity.

• The Judgment therein, B. 52.
• If the Term for which that is granted expire, this Action lies not, B. 51, 52.
• An Annuity pro Consilio impendendo cannot be granted, nor forfeited by attainder, B. 122.

Appeal.

• Damages recovered in Trespass is a good Bar to an Appeal, A. 319.
• Lies not for the Heir, where the Feme poysons her Husband; for it is Treason, A. 326.
• If the Defendant shall be arraigned at the Suit of the King, if the Appellant die before Judgment, or be non-suited, B. 83.
• Where auterfoits acquit or convict is a good Bar, B. 83, 160.
• If it be a Bar, the Indictment being erroneous, B. 160.
• Where it must be brought, if the party die in ano∣ther County than where the stroke was, C. 140, 141.
• See the Statute, 2 E. 6. cap. 24. and W. 2. cap. 12. Of Appeals.
• Defendant pleads Ne unques accouple, &c. Et si trove ne soit, Not Guilty, C. 268.
• If an Appeal from a Sentence in the High Com∣mission Court, B. 176, 177.

Appearance.

• The form of recording it, to save the Ball bound, A. 90.

Appendant, Appurtenant, and Parcel.

• If Tithes pass by Grant of a Rectory cum perti∣nentiis, A. 281, 282.
• Issue, if an Advowson be Appendant, or in gross, A. 323.
• A Curtilage and Garden are Appurtenant to a House, and pass by or without the word Appurte∣nant, C. 214.

Apportionment.

• If the Lessor grant part of the Land, the Grantee shall have no Rent, A. 252. C. 1.
• Upon devise of Lands rendring Rent, part being Capite Lands, A. 310.
• If a Rent reserved upon a Lease of a Warren, may be apportioned, C. 1.
• None of a relief, because intire, C. 13.
• If a condition of Re-entry upon several Reddend. may be apportioned, C. 124, to 127.
• Rent may be apportioned in the Kings Case, which cannot in the Case of a common person, C. 124, to 127.

Arbitrement.

• Debt lieth upon it, although void, until it so ap∣pear, A. 73, 170.
• In such Action the Plaintiff needs shew no more than makes for him, A. 73.
• To find sufficient Sureties to pay, &c. void, A. 140.
• Without Deed cannot dispose of a Free-hold, A. 228.
• To do one thing or another (one being void,) yet the award is good, A. 304, 305. C. 62.
• To pay Mony to a Stranger is good, A. 316. C. 62.
• That one Party shall have a Term for years, gives the interest of the Term; contra where it is that the one shall permit the other, &c. B. 104.
• Award to become bound; it is a good perfor∣mance, if the Bond be delivered to a Stranger, and after tendred to the Plaintiff, B. 111, 181.
• To do an Act to a Stranger, who will not accept thereof, the Bond is not forfeit, C. 62.
• To do an Act to a Stranger, not void, C. 62. 212.
• Award that the Defendant and a Stranger be∣come bound, is good as to the Defendant, though void in part, C. 226.

Ayd.

• Copy-holder shall have Ayd of his Lord in Tre∣spass, A. 4.
• Grantee of Tenant in tail after possibility shall have Ayd, yet the Grantor should not, A. 291.
• Tenant at Will shall have it, but not Tenant at Sufferance, B. 47.
• Verdict upon an Issue upon a Counter-plea of Ayd is peremptory to the Defendant, B. 52.

Alien.

• If the Kings Confirmation of a Feoffment to an Alien do avail, A. 47.
• If the Grant of an Office to him by the King be a denization, C. 243.

Assent and Consent.

• If the Conuzee of a Statute, &c. taken by Capias be discharged by Assent of the Conusee, his Lands are also discharged, A. 230, 231.

Assets.

• Mony received by Executors for Lands devised, to be sold to pay Portions; if it be Assets, A. 87, 224, 225. B. 119.
• What other things shall be Assets, A. 225. B. 7.
• Lease for life, and after his death to his Execu∣tors for 10 years, if this Term be Assets, C. 21, 22.
• If Mony received by the Heir for Redemption of a Mortgage, be Assets to pay Debts, C. 32.
• Executors by Award receive 50 l. and release a Bond of 100 l. the whole 100 l. is Assets, C. 53.

Assignee.

• If Assignee of parcel may have covenant against Lessee for years, A. 251, 252.
• Who is a sufficient Assignee, A. 252.
• Executors or Administrators, A. 316.

Assize.

• Of a Rent rendred in Fee by Fine, A. 254.
• The manner of adjorning and giving Judgment, where the Disseisor pleads Foreign Pleas, B. 41.
• Of fresh-force in London, C. 169, 170.

Attachment.

• Of Goods in a Carriers hands, 189.
• A Debt by Judgment, Stat. Recogn. &c. cannot be attached, A. 29, 30.
• No Mony taken in Execution, A. 264.
• What is a good Plea for him, in whose hands Mony is attached, A. 321.
• If the Plaintiff shall recover costs against him in whose hands, &c. A. 321.
• Mony for which an Action is depending, cannot be attached, C. 210.
• One cannot attach Mony for a Debt, before the Debt be due, C. 236.
• Corn is not attachable, C. 236.
• A Debt upon Record cannot be attached, C. 240.

Attainder.

• A person attainted cannot be charged with Acti∣ons, A. 326, 327.
• If a person attainted may be put to answer in personal Actions, A. 330.
• What is forfeited to the King by Attainder of Tenant for life, or in Tail in Remainder, B. 122, 123 to 126.
• Differences of Attainder and Conviction, B. 161.
• If one attainted of Robbery, shall answer in cri∣minal Cases, C. 220.

Attaint.

• What Heir shall have it, A. 261.
• Upon the Statute of 23. H. 8. 3. A. 279.
• If it lie where the Plaintiff might avoid the Judgment by Error, A. 278.

Attornment.

• To whom, and how it must be made, A. 58.
• Quoad part is good for all, A. 129, 130, 234.
• Upon a Lease for years in Reversion, A. 171. C. 17.
• An Abator may Attorn, A. 234.
• The definition thereof, A. 234.
• By the first Lessee, binds the Tenant in remainder for years or life, A. 265.
• Good by the Tenants of the Land to him in re∣mainder, after the death of Tenant for life, A. 265
• To the surviving Grantee of a Reversion good, A. 265.
• To the Grantee of the Reversion of a Mannor by Lessee for year of the Mannor, passes the Mannor and binds the Tenants, A. 265.
• After condition broken, is good to vest the Estate, by the breach of the Condition, A, 265.
• The Relation of an Attornment, A. 265. B 222.
• Who is compellable by a Quid Juris clamat to attorn, A. 290, 291, B. 40. C. 241, 242.
• ...

• No Attornment is necessary, upon selling a Re∣version of Copyhold, A. 297. C. 197.
• In what cases necessary, A. 318. C. 103.
• Lease of Demesnes, by Grant of the Mannor, the Reversion passeth not without Attorment, B. 221, 222.
• An Advowson appendant to a Mannor shall vest without Attornment of the Tenants, B. 222.
• What Words or Consent amount to an Attorn∣ment, C. 17.
• Lessor levies a Fine to the use of himself, and his Heirs, Lessee must Attorn, C. 103, 104.
• If it be necessary where the Grantee is in by Statute of Uses, C. 104.
• It is necessary to pass Services of a Mannor, C. 193.
• Tenant of the Land must attorn upon granting over a Rent-charge, C. 252.
• Reversion of a Term (a Lease of part of the Term being first made) cannot pass the Term and Rent reserved upon the first Lease without Attornment; but a Term without Rent reserved, he may, C. 279.
• Lessor grants the Reversion to Lessee, and A. B. no other Attornment necessary, C. 279.

Attorny.

• J.S. Praesens hic in Cur. in propria persona sua per A.B. Attorn. suum; how construed, A. 9.
• Lessee for years cannot surrender by Attorny, A. 36.
• How to make a Deed by Attorny, Ibid. B. 192, 200.
• May essoign for a Copyholder, but not do services, A. 104.
• To three, conjunctim & divisim, to deliver Seisin, A. 192, 193.
• How Attorny must make Livery where the Lands lie in several Counties, A. 306, 307.
• In an Indenture, C. 16.

Audita Querela.

• Upon a Statute Merchant, the Suit shall be in the Kings Bench: But upon Statute-staple, in the Chancery, A. 140, 141, 228. contr. 303, 304.
• Process therein, is either Venire facias, or Scire facias, A. 140, 141.
• Upon a Statute Staple, upon payment of the Mony in the Court of C. B. (quod nota) the party is bailed, A. 141.
• Upon a Statute Merchant, for that it had but one half of the Seal, good, A. 228, 229.
• Lies to discharge the Land, if the Conusor taken by Capias be let at large by the Conusee his consent, A. 230, 231. B. 96.
• To avoid Execution upon a Recognizance, for that the Debt is attached in London, A. 297.
• Upon a voluntary Escape by the Sheriff it lies, B. 119.
• By one Bail to be relieved, for that the other Bail was taken by a Capias, and discharged by the then Plaintiff, C. 260.
• For one in Execution at the Suit of an Admini∣strator, durante minori aetate, for that the Infant is come to Age, C. 278.

Averment.

• A Demurrer need not to be averred, A. 24.
• Inducement to an Action, need not to be precise∣ly averred, A. 123, 124.
• A consideration to make a Bargain and Sale, may be averred, though not mentioned in the Deed, A. 170.
• Where against a Record, return of a Sheriff, Deed enrolled, A. 183, 184.
• None against a Bishops Certificate, A. 205, 206.
• Where necessary to aver the continuance of the particular Estate, A. 139, 255, 66, 281. B. 50, 94, 95.
• Where want of such Averment is aided by In∣tendment, A. 281. C. 42, 43.
• Devise to A. may be averred to be any one of that Name, B. 35.
• Where he who pleads must aver all things to make good his Plea; or the other party must shew it, C. 40 to 43.

Ancient Demesne.

• For what Goods only they are priviledged from Toll, A. 232. B. 191.
• Fine levied thereof, avoidable by a Writ of De∣ceit, A. 290.
• Pleading thereof, A. 333. B. 190, 191.

Authority.

• Shall be strictly pursued, if not coupled with an Interest, A. 74, 285, 286, 288, 289, bis.
• Where Authority is reserved by Statute or Deed, to make Leases; If Leases in Reversion may be made, C. 134.