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.

C.

Certainty.

• WHat shall be sufficient Certainty to de∣scribe what Lands are granted, though part of the descriptions be false, A. 119. B. 226. C. 18, 19, 162, 235.
• The like in describing the person of the Donee, Devisee, C. 48, 49.
• Promise in consideration the Plaintiff would re∣pair quandam partem domus, is good, C. 91.

Certiorari.

• To certifie a Warrant of Attorny, A. 22.
• Granted at the request of the Defendant in error ex officio, &c. after a Nihil returned, ibidem, C. 107.
• If grantable after in nullo est erratum, A. 176. B. 2, 3.

Cessavit.

• Against the Tenant of the King, B. 144.
• It is a good Bar to this Action; that the Lord accepted the Services of the Alience of the Tenant C. 272.

Challenge.

• By a Bishop, for that no Knight was retorned, A. 5.
• To the Array for affinity, whether principal challenge or not, A. 88, 89.
• No challenge to the Polls in a Writ a Right, but at the time of the arrayment, A. 303.
• The Statute 27 Eliz. cap. 6. A. 55.
• For want of Hundredors, where there are many Hundreds in one Wapentake or Lathe, B. 109.
• Of the Array, for that the Sheriff married the Plaintiffs Cousin, which the Plaintiff confessed, C. 222.

Chancery.

• Ought not to give relief after Judgment, B. 115. C. 18.

Charge and Discharge.

• If a Man marry an Inheritrix, and hath Issue, and then acknowledges a Statute, and they sell the Land be Fine, the Land shall not be charged, for the Conuseels in by the Feme, C. 254.
• Tenant for life granteth a Rent-Charge, and cesseth, after recovery in Cissavit the Lord shall hold the Land charged, C. 255.

Chattels.

• A special property for a time in them, A. 221.
• Are bound by the Teste of the execution, A. 304.

Chose en Action.

• What is a Chose en Action, A. 176. C. 196.
• The King may grant it, and how, and by what words, A. 271. B. 56. C. 17, 18, 196.
• A void Church is a Chose en Action, and one Grantee thereof cannot release it to his Companion, A. 176. C. 256.

Church-Warden.

• Whether the Successor shall have Action for Trespass done in the Predecessors time, A. 177.

Cinque-Ports.

• Issue triable there, tryed by a Jury of the next County, C. 3.
• How Execution of Lands must be made there, C. 3.

Clergy.

• Not grantable for a second Felony, if the first Conviction appear by Record, A. 295.

Collusion. See Fraud. Colour.

• Defendant justifies by a gift of Goods which were then out of the Vendors possession; if that being out of possession be a good Colour, C. 266, 267.

Common.

• Special Common at certain times when the Land is not sowed, A. 73.
• Shall not be to any House built on a new Founda∣tion, B. 44, 45.
• The Lord or his Tenant shall have no Common to Lands improved by the Statute of Merton, cap. 4. B. 44.
• If a Commoner may kill Conies, B. 201, 202.
• May distrain a Strangers Beasts, Damage Feas. B. 201.
• If some Commoners let their Corn lie beyond the usual time, the other Commoners may put in their Cattle, B. 202, 203.

Commission and Commissioners.

• The second Commission of the King repeals the first, A. 270.
• Nisi prius out of the Exchequer by Commission, 110.

Commandment.

• The Commander not punishable, unless his Com∣mand be strictly pursued, B 75.
• In what case traversable, B. 215, 216.

Conditions.

• Lease upon Condition that the Lessee shall not alien, doth not bind an Administrator: Secus of a Feme whose Baron alieneth, A. 3.
• In a Feoffment of Lands held in Capite, that the Feoffees shall not alien, A. 8, 12.
• What acts shall be defeated by entry, for breach of it, A. 8.
• That the Lessee shall not do voluntary waste; what is a breach of it, and who shall enter for the breach, A. 67.
• The difference where the Condition is, Quod di∣missio vacua foret, and where only a re-entry is given, A. 61. B. 134 to 145.
• To pay 20 l. or to give Cows, how tender is to be pleaded, A. 68. contra, 70.
• ...

• The difference in pleading to a Condition to discharge, and to save harmless, &c. A. 72, 324, 325.
• Shall not be averred to be against Law, unless it appear so, A. 73. 203.
• To pay the 29 of February not payable until a Leap-Year happen, A. 101.
• To make such assurance as J. S. and such as the Plaintiffs Council shall devise, the diversity, A. 105.
• To perform all agreements in Articles, is broken by not performing, or by the falshood of a recital, A. 122.
• To pay Mony at the Feast of St. Thomas, the later Feast is the day of payment, A. 142. con. C. 7.
• What makes a Condition, what a Limitation, A. 167, 168, 174, 244, 269, 283, 299. B. 38, 114, 138. C. 152, 153.
• When an Estate which is to begin upon a prece∣dent Condition impossible or possible, shall com∣mence, A. 229.
• What Covenants shall amount to a Condition, and defeat an Estate, A. 246.
• That the Feoffee shall enfeoff J.S. in Fee or in Tail; J. S. refuseth, who shall have the Estate, A. 266.
• That the Donees in tail shall not do any act to discontinue, &c. and what is a breach thereof, A. 148, 207, 257, 292, 298.
• A true diversity between the nature of a Condi∣tion and a Limitation, A. 299.
• To make reasonable assurance, and to levy a fine; the difference therein, A. 304.
• Must be pleaded by him who will take advan∣tage thereof, A. 306.
• To pay Mony at a day and place certain; it need not be found to be paid at the very day or place, so it were paid before the day, A. 311.
• The force of a Proviso (coming after the Haben∣dum) to alter an Estate, A. 318.
• To perform all Agreements in an Indenture, ob∣liges the Obligor to all things, though contained in the Obligees Covenants, A. 324.
• To defend the Plaintiff for the Title of such Lands, what is a breach, A. 325.
• That a Devisee shall not alien for a time, is good, and what Estates are a breach thereof, B. 82, 83.
• Where the word (Proviso) makes a Condition or an Exception or Limitation, B. 128, 129, 138. C. 16, 225, 226.
• Condition that the Lessee shall not occupy for a time, is void, B. 132.
• Of what Condition in a Lease, Grantee of the Reversion shall take advantage of, B. 136 to 144.
• Devise to his Son towards his education in Learn∣ing, is no Condition; but the Devise is good though he be not so educated, B. 154.
• Become unpossible to be performed by the act of the Law, or of God, B. 155.
• A. bound that B. shall pay before Mich. B. dies be∣fore; the Bond is forfeit, B. 155.
• To maintain and keep in good repair, the Lessee cannot pull down and rebuild, B. 189.
• For saving harmless, the Defendant must shew how he saved harmless, B. 198.
• Difference where one is to do an act to a Stranger who refuses to accept it; and where it is to be done to the Plaintiff who refuseth, B. 222.
• If the words, Yielding and Paying make a Con∣dition, C. 58.
• Provided that the Lessee shall not Grant the Land, who devised the same to his Executor, C. 67.
• To procure a Grant of the next Avoidandce, so as the Plaintiff may present, what is a breach, C. 151.
• Upon a Condition to pay Corn, the Obligor not bound to seek the Obligee, if no place be appointed, C. 260, 261.

Confirmation.

• If one Chapter (where there are two) may con∣firm a Lease, A. 234.
• What acceptance, and by whom, of Rent, con∣firms the Lease of the Tenant, A. 243.
• Tenant for life, and he in remainder in Fee, joyn in a Feoffment; this is the Confirmation of him in remainder, C. 10.
• Abbot and Covent Lease to J.S. at Will, and af∣ter by Deed for life, C. 15.
• Of a Dean and Chapter of a Bishops Lease, in what time it must be made, C. 17.

Consideration in Assumpsit.

• Assumpsit in cosideration the Defendant will prove such a thing, &c. when the proof is to be, A. 93, 94.
• Past and executed, and yet continuing, good to make a promise, A. 102. B. 111. 224, 225.
• That the Plaintiff will perform an Award, the Defendant would perform it also, good, A. 102.
• To forbear a Suit in Chancery, if good, A. 114. B. 105.
• Of forbearance to sue the Execution of an In∣fant, not good, if the Debt were not due, A. 114. B. 105.
• To stay a Suit in Court Christian, good, A. 118.
• In consideration of Goods delivered, promised to pay the Debt due for them; for if no sale no debt, A. 157.
• If there be two, if both must be found, A. 173, 300. B. 71, 72.
• In consideration of the doing of an illegal Act, A. 180. C. 208, 236.
• To forbear a Suit, ought to shew in what Court the Suit depended, A. 180.
• In consideration of the Plaintiffs promise, A. 180. B. 154.
• What is a good Consideration to make an As∣sumpsit, A. 192, 275, 276, 397. B. 29, 30 C. 105, 129.
• Not to execute a Fieri Facias upon Goods, good, though the Goods were not liable to the Execution, A. 220, 221.
• In Consideration the Obligor would pay the Mony, the Obligee promised to deliver up his Bond, quaere, A. 238.
• Against the Wife of an Intestate in Consideration of forbearance, not good, unless she administers, A. 240.
• In Consideration of the arrears of Rent-charge for life, were unpaid; good, A. 293.
• If one of two Considerations be good, and the other void, yet the Action is maintainable, A. 296, 300.
• In Consideration the Plaintiff will assign his in∣terest (where he hath none at all,) B. 71.
• To forbear per Paululum tempus; good, C. 200.
• ...

• Where though the Consideration be past and ex∣ecuted, being done at the Defendants request, yet is good, B. 111, 224, 225. C. 164, 236.
• Ought to be matter of benefit to the Defendant, C. 88. 129.
• Void Consideration per Stat. 23 H. 6. 10. being to let a Prisoner escape, C. 208.
• Where there are two Considerations, whereof one is void, the whole is void, C. 108.

Copyhold and Copyholder.

• Relieved by the Lord per Petition. in a matter of equity, A. 2.
• Where he shall do Fealty, and have Aid of his Lord in Trespass, &c. and shall have an Ejectione Firme, A. 4.
• How a person absent must make his surrender, A. 36.
• If the Custom be to grant them in Fee, it war∣rants a Grant for life, A. 56.
• An Action in nature of a Dum fuit infra aetatem lies, where an Infant surrenders, A. 95.
• Where Statutes speak generally of Lands, &c. given to the King as forfeited; Copyhold Lands are not intended, A. 98, 99.
• An Heir by descent may Lease or bring Trespass without any admittance, A. 100. And also enter, A. 174, 175. C. 70.
• In pleading such Lease, it need not be averred to be warranted by the Custom; but must be chal∣lenged on the other part, A. 100.
• An Heir within age not bound to tender his Fine while within age, A. 100.
• Surrender to a Stranger for life, remainder to the right Heirs of the Surrenderer, the Heir is in by purchase; Secus where an Estate is limitted to the Surrenderer himself, A. 101.
• Surrender to the use of his right Heirs, cannot vest during the Ancestors life, A. 102.
• Lord sells, and Copyholder releases, the tenure is extinct, A. 102.
• Release of a Copyholder to a Disseisor, nihil ope∣ratur. A. 102.
• What is a reasonable matter to excuse the Te∣nants not appearing at the Lords Court, A. 104.
• To whom, and where notice of a Court day must be given, A. 104.
• Copyhold Estates may be entailed, A. 174, 175.
• Such Estate forfeited to the Lord, and by him sold by Bill, A. 191.
• Copyholder accepts a Lease of his Copyhold from the Lord, this determines his customary Estate, A. 170.
• What Steward may take Surrenders our of, or in Court, A. 227, 228, 288, 289.
• Trespass lies by the Tenant against the Lord for cutting down Trees not being Timber, A. 272.
• If the Lords agreement to avoid Admittance makes it good, A. 289.
• A Court to admit Copyholders may be held out of the Mannor, A. 289.
• The mis-entry of the day of holding the Court, does not hurt the Copies; but may be averred a∣gainst, A. 289, 290.
• No Attornment necessary upon selling a Rever∣sion of Copyhold Lands, A. 297.
• If Tenant at will or sufferance may grant Copies, B. 45, 46, 47.
• What Estates accepted by a Copyholder from the Lord, does extinguish the customary Estate, B. 72, 73, 208.
• Copyholders Estate not liable to a Rent-charge granted by the Lord, B. 109.
• Secus of Demesnes grantable by Copy, B. 153. C. 59.
• What refusal of a Copyholder to do his service, pay his Rent, or to make Presentments, is a forfeiture of his Estate, C. 108, 109.
• What false Pleas, Feoffments, or Forgeries of Deeds, is a forfeiture, &c. C. 108, 109.
• He who disseiseth a Copyholder, gains no Estate, C. 221.
• No Escheat for want of an Heir, until proclama∣tion in Court, C. 221.
• A Reversioner may surrender, if no Custom to the contrary, C. 239.

Conspiracy.

• If it lies, if the Indictment were void, A. 279. C. 140, 141.

Constable, See

• False Imprison.
• Iustification.

• If he may imprison, and how, A. 327.
• Needs not dispute the legality of a Justices War∣rant, B. 84.
• May set one in Stocks for refusing to Watch, C. 208, 209.

Continual Claim.

• May be made, though the Lands come to the hands of the King, A. 191.
• What is a good Claim to avoid a Fine by the Statute of 4 H. 7. B. 53.

Continuance.

• Death of one Defendant after the Assises, and before the Term, cannot be pleaded, for that the Defendant hath no day in Court to plead it, C. 5.
• The difference between it and a dies datus, sili∣cet, upon a dies datus, and default thereupon, no judgment can be given, C. 14.
• Where as to part a Plea is pleaded, which is try∣able by Certificate or otherwise than by Jury, if the other which is tryable by Jury be not con∣tinued, the whole is not discontinued, C. 268.

Conuzance de Pleas.

• Not grantable if the Plaintiff be priviledged in the Courts at Westminister, C. 149.

Copulative & Disjunctive.

• Where a Copulative shall be taken as a Disjun∣ctive, & e converse, A. 74, 244, 251.
• Where a thing is to be done Copulative, both the matters must be averred, A. 251, 252.

Corporation.

• Upon a grant to them of an Acre in a great Field, how they must make election, A. 30.
• Must acknowledge Deeds, and levy Fines, &c. by Warrant of Attorny, A. 184.
• Where the names of the Heads of what Corpora∣tions must be shewed in pleading, A. 306, 307.
• How they must make a Lease by Attorny where they are out of possession, B. 97, 98.
• Cannot be Feoffees to Uses, B. 122.
• Leases by them, must be made by their true name of Incorporation as to substance, A. 159 to 163, 215. B. 97, 165. C. 220.

Corpus cum Causa. See Habeas Corpus. Covenant.

• To assure Lands, the Covenantor is not bound to seal a Deed with Covenants, A. 29.
• To repair upon warning, Action lies by Grantee of the Reversion, though the House was ruinous be∣fore his Title, A. 62.
• That the Premisses should be exonerated De om∣nibus oneribus, &c. how broken, A. 93. C. 44.
• That the Lessee shall take Fireboot super dicta pre∣missa, extends not to Lands excepted, A. 117.
• To help and assist the Plaintiff in a Suit in the Defendants name, and not to abate it, the Defen∣dant being a Feme Sole takes Husband, yet is the Writ but abateable, A. 168, 169.
• Upon the words, Dedi & Concessi, A. 179, 278. B. 104.
• By Lessor to repair, the Lessee in his default repairs; if the Lessee may retain Rent for it, A. 237.
• What Covenant makes a Condition, and shall de∣feat an Estate, A. 246.
• Upon the words, absque impetitione, denegatione, Covenant lies if the party himself disturb, A. 277.
• For quiet enjoyment from all claiming under the Covenantor, the breach must say how he claimed, A. 318.
• Performance of Covenants in the Disjunctive, must be especially pleaded, A. 311.
• Where it lies upon a Proviso, A. 318.
• To make an Estate, or repair a House; how per∣formance must be pleaded, B. 38, 39, 53.
• To make assurance, binds not to release with Warranty, B. 130.
• One Covenants to assure such Lands as shall de∣scend to him, the same to be yearly worth 40 l. If all the Lands by descent are to be assured, C. 27.
• That the Lessee shall enjoy without interruption of any; If interruption by one who hath no Title, be a breach, C. 44.
• Covenant to leave the Houses in as good plight as he found them, C. 44.
• If upon a Covenant to repair, a Recovery be had, the Lessor can sue no more, C. 51.
• If one be interrupted by a Decree in Chancery, that is no breach of a Covenant to enjoy, without lawful Eviction, C. 71.
• Who shall do the first act where the Covenant is reciprocal, C. 219. B. 211, 212.
• That he hath made no former Assurances, but that the Land shall descend, raises no Uses, C. 7.

Count.

• Where in a Quare Impedit the Writ may be ge∣neral, and the Count special, A. 226, 227.
• Where in a Writ of Entry Sur disseisin brought by Tenant in tail, A. 231.
• How to Count where one of two Debtors or Trespassors are Utlawed, C. 202.

Countermand.

• In what case the Bailor of Goods may Counter∣mand the authority of the Bailee, B. 31.

Courts, and Offices of the Court.

• The Common Bench cannot write to the Kings Bench for a Record, A. 90.
• If upon pleading, a Title be found or confest for the King, the Court ex Officio must prosecute for the King, A. 194, 323.
• A Court to admit Copyholders may be held out of the Mannor, A. 289.
• In what case the Kings Bench may hold Plea under 40 s. A. 316.
• What duty due by a Subject to the King, gives the Subject priviledge in the Court of Exchequer, B. 21.
• How and by what authority Nisi Prius are tryed out of the Exchequer, B. 87.
• All the Courts except the Common Bench, are vari∣able as to the place, and must be shewed where they sit, B. 102, 103.

Courtesie of England.

• In what case the Husband be where the Wives Estate is defeasible by condition, A. 167, 168.
• By custom of Mannor, B. 109.
• If the Husband shall be Tenant by the Courtesie of the Seigniory of the Wife, where he himself was Tenant, C. 247.

Court Christian.

• Their Sentences there are good, until revoked by other Sentence, B. 169 to 172, 176, 177.

Cui in vita.

• What is a good Bar therein, A. 53.

Custom.

• Of free Bench within a Mannor, A. 1.
• That the Lord may seise for conviction of his Tenant of Felony, A. 1.
• Where it shall be taken strictly, A 1••2. B. 109.
• Of Bristol, that a Covenant shall bind by Parol, is good, A. 2.
• That a Copyholder may Lease for years ad pastu∣rand. non ad colend', A. 16.
• What Customs are void being unreasonable, A. 217. C. 81, 82, 226, 227.
• What are good and reasonable, A. 217, 328. C. 227.
• ...

• That the Lord may take the profits during the Nonage of the Infant Tenant, good, A. 266.
• Customs of the Kings Courts are Laws, B. 85, 86.
• Custom alledged infra Regnum Angliae, if good, B. 114, 115.
• A good Custom, that Robbers at Sea shall share the Goods, though one Ship did but stand by and look on, B. 182.