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.

D.

Damages.

• INcreased by the Court super visum vulnerum, A. 139.
• No costs upon discontinuance by original Stat. 32 H. 8. 15. A. 115.
• Intire assessed upon one promise to perform an Award of two matters, whereof one void, how adjudged, A. 170, 171.
• An Action upon the Stat. of 8 H. 6. of Forcible entry, treble Costs and Damages, A. 282. B. 52.
• If the Jury ought to assess any Damages in Ac∣count, A. 302.
• In what Actions Costs by the Statute 32 H. 8. vide tit. Stat. B. 9, 52. C. 92.
• In account the Plaintiff hath Damages, B. 118.
• The Plaintiff shall have Costs assessed but by one Jury, though several Trials by several Juries, B. 177.
• Grantee of a Reversion shall recover Damages in Covenant but for things done since the Grant, C. 51.
• The first Jury which tries the first Issue may assess Damages for the whole Trespass, C. 122.
• If the Plaintiff in Replevin be non-suited after Avowry for Rent, the Court may assess Damages without a Writ of Enquiry, C. 213.
• If joynt Damages be assessed for two Trespasses, one of which lieth not, the Plaintiff cannot have Judgment, C. 213.
• Where the Court will abridge Damages, C. 150.

Dean and Chapter & hujusmodi.

• An Arch-Deacon, Prebend, what they are, A. 13, 205.
• What places have two Chapters, and if Leases, confirmed by one, be good, A. 234, 235.
• The Chapter must be party to a Lease; cont. of Lands proper to the Dean only, B. 176.

Debt.

• For foreign Mony may be demanded either by Foreign or English Names, A. 41.
• Upon a Recognizance in nature of a Statute, A. 52. B. 14.
• Upon a void Award, is good if the Defendant do not shew that part that makes it void, A. 72, 73.
• For a nomine poenae, A. 110.
• For a pain set in a Court Leet, A. 203, 204, 217, 218.
• Upon the words Covenant and Grant, lieth, A. 208.
• Where it lies before the last day of payment, A. 208.
• For the surplusage of an Account, A. 219.
• Lies by an Administrator against an Executor for Arrearages of an Annuity, A. 224, 225.
• Lies upon a Recognizance made before the Mayor of London, A. 284.
• If Debt lies by the Grantee of a Rent reserved by a Lease, to which Grant the Lessee attorned, A. 315.
• Under 40 s. in the Kings Bench for Costs in a Hundred Court, A. 316.
• Against an Heir, shall be in the Debet & Detinet, B. 11.
• Debt lies upon a Judgment or Recognizance, al∣though the Plaintiff have Judgment upon a Scire Facias, B. 14.
• For Rent lies, although in the Declaration it be alledged, that he entred before the commencement of his Lease, B. 98.
• Lies for the Grantee of Post-Fines, and for a Nomine poenae by the Heir, B. 179. cont. A. 249, 250.
• This Action lies not but where a certain sum is agreed on, C. 161.
• Against Baron and Feme for a Debt of the Feme, must be in the Debet & Detinet, C. 206.
• For Corn in the Detin••t, and the Plaintiff shall recover the value of the Corn, C. 260.

Deed.

• Where the Habend' may controul the Premisses, A. 11, 281, 318. B. 105.
• What is a good delivery thereof, what not, A. 140, 152.
• If a primo deliberat' or non est factum may be pleaded of a Deed enrolled, A. 183, 184 C. 175, 176.
• Where in the Premisses of the Deed two things are granted Habend' the one for years, what Estate the Grantee hath, A. 281, 282.
• Raisure of a Deed does not avoid it, if it be in a part not prejudicial to the party who would avoid it, A. 282.
• Indenture between A. of one part, and B. and C. his Wife and their Children, A. 287, 288.
• Must be pleaded, sealed and delivered, or by words tantamount, A. 310.
• In Indentures the intention of the parties may be argued; Deeds Poll shall be taken strongest against the Grantor, A. 318. B. 47, 192.
• None can take by Indenture but those who are party to it, A. 287, 288. B. 1. C. 34.
• The effect and meaning of them regarded, where the words are doubtful, B. 17, 219, 151.
• Where a Deed may have (quasi) two deliveries, B. 192.
• A Deed once perfectly executed as by enrol∣ment, &c. cannot pass any thing by Livery, C. 16, 125.
• Actual indenting, and both parties Seals menti∣oned to be put, makes an Indenture, C. 16.
• Where a Deed in the Premisses leaseth Lands to one Habendum to his Executors and Assigns for 40 years, what Estate the Lessee hath, C. 32, 33, 34.
• The date of a Deed not material, C. 100.

Demand. See Request.

• The King need not demand a Rent to avoid a Lease, A. 12. B. 134. C. 125.
• A Legacy not payable without demand, A. 17.
• Rent payable at Michaelmas or within the space of 12 days, prox. post aliquod festorum vel dierum, when it is demandable, A. 142.
• The difference of demand in a Writ, De advocati∣one duarum partium Ecclesiae & duabus partibus Ad∣voc. Ecclesiae, A. 169.
• What is demandable in a Writ of Entry, A. 169, 170.
• Whether demand at one day for Rent due seve∣ral days before, be good, A. 190, 191, 305.
• Whether a sum in gross must be demanded as Rent, A. 269.
• The manner to make a demand of a Rent, A. 305.
• He who demands Rent as Attorny, need not tell his name, nor shew his authority, C. 224.

Demurrer.

• To Evidence in Ejectione Firme, A. 269.
• All matters well pleaded, are confessed by De∣murrer, C. 200.
• Upon Demurrer to a Challenge, there neeeds no Serjeants hands, C. 222.

Departure.

• What is, what is not, A. 32.
• Count of a Lease without Deed, no Departure by Replication, to say the Lease was made by Deed, A. 156, 204. C. 203.
• Ejec. vers. 5. One pleads to the Issue, the others plead specially; no Departure for the Plaintiff to deduce a Title to himself, and say, that he was seised, until by the 4 disseised, B. 199.
• First to make a Title by Common Law, and reply a Custom to uphold it, is a Departure, C. 40.

Devastavit.

• What Sheriff may retorn it, and what Sheriff is estopped to retorn it, B. 67. C. 2.
• If Executors release a forfeited Bond of 100 l. and receive only 50 l. the whole is Assets, C. 53.
• It is a personal Tort, and the Executors of the Executors shall not be chargeable with the first Ex∣ecutors Devastavit, C. 241.

Devise. See Legacy.

• That Executors shall sell Lands, who sell by Fine, A. 31. C. 119.
• If such Executors may ••ell by parcels, A. 34, 60, 260.
• The construction of an Habendum in a Devise, A. 57, 58.
• What shall be a Devise in tail, for life, or in see, A. 57, 58. B. 69. C. 55.
• That his Son, and an Executor, shall take the profits until another comes of Age, gives the Son see, A. 101. C. 55.
• To the discretion of the Devisee, A. 156, 224, 283. B. 69.
• That Executors shall sell a Reversion, who sell by Parol, yet good, and the Devisee is in by the Will, A. 148. C. 119.
• To three Sons, and if any die, the Survivor to be his Heir, how adjudged, A. 166, 258, 259. C. 262.
• All my Lands and Tenements, if it passeth a Reversion after a Lease for life, A. 180, 181.
• If by the Stat. of Wills, an Estate pur auter vy, may be devised, A. 252.
• A Use may be raised by Devise, and the Conside∣ration is presumed by Law, A. 254, 257.
• If the Devisee die in the life of the Devisor, the Heir of the Devisee shall take nothing, A. 254.
• Of Capite Land and Soccage, A 267. B. 41, 42. C. 267. Vide the Statutes 32 & 34 H. 8.
• To A. if she do not Marry, Remainder in tail, A. 283.
• That if my Son A. die without Issue, that then my Sons in Law shall sell; how adj. A. having a Son who dies without Issue, A. 285, 286.
• Feoffment to the Uses in his Will, which deviseth that his Feoffees shall be seised to Uses, a good De∣vise, A. 313.
• That Lessee for years shall hold after the De∣visors death for 30 years, accounting the Remainder of the first Term, how adj. B. 33, 34.
• Devise to A. may be helped by Averment, B 35. C. 79.
• To the Father and his eldest Issue Male, B. 35.
• Things individual cannot be devised within the Statute of Wills, If part be Soccage, and part Capite, B. 41, 42.
• That his Lands shall be sold for payment of his Debts, the Executor shall sell, 43, 220.
• Devise that his Executor shall sell, who dies, his Executor cannot sell, B. 69.
• To the Heirs of the Body of his Eldest Son, is void, B. 70.
• I give my Lease to my Wife for life, and then to my Children unpreferred, B. 90.
• To the Heir in see is void, and he is in by descent, B. 101. C. 18.
• That his Executor shall pay a Debt; this is no Legacy, B. 119, 120.
• Devise shall be taken according to the Common, not Legal construction, B. 120. C. 18, 19.
• Devise of three Closes to three, and if any die, that the other shall have all his part to be divided between them, B. 129.
• That A. shall pay yearly 10 l. out of a Mannor, is a good Devise of the Mannor to A. B. 165.
• They shall be construed favourably, but not a∣gainst Law B. 165.
• If the Devisor be distrained, and dies before re-entry, nothing passeth, B. 165.
• All his Lands called Jacks, in the occupation of J S. what passes if not in the occupation of J.S. B. 226. Like Case, C. 18, 19, 132.
• Of a Mannor to B. and of a third part thereof to C. they are joynt Tenants, C. 11.
• Words in a Devise shall never be judged repug∣nant, if by any rational Construction they may con∣sist, C. 11, 28, 29,
• Devise of Lands to his Wife for life, and after that she may give them to whom she will, C. 71.
• Lands called H. in two Vills, A. and B. Devise of H. in A. for life, remainder of Hayes Land to L. No Land passes in remainder, but Lands in A. C. 77.
• To J. for thirty one years to pay Debts, re∣mainder

• after the Term expired to his Heirs Males; and if he die within the Term, that G. shall have it and be Executor; J. dies, his Issue enters; G. evicts him, C. 110.
• Devise, that the eldest Son shall take the profits until the younger be of Age, and the remainder to the younger Son; the elder hath see conditional, C. 216.
• Devise, that his Feoffees to Uses shall be seised to other Uses; who are accounted Feoffees, C. 262.

Diminution.

• The manner of alledging it, A. 22.
• With what time it must be alledged, B. 3.

Disceit.

• Fine reversed by such a Writ, because the Land is Ancient Demesne, A. 290. C. 3, 12, 117, 120.
• Not abated by death of one Defendant, C. 3.
• Upon a Recovery in a Quare Impedit, A. 293.
• The manner of proceeding therein, A. 294.
• For an Infant against his Guardian who lost the Land by default in Dower, B. 59.
• Where Estate of the Conusee remains after the Fine reversed, C. 12, 120.
• Whom it shall bind without summons, C. 120.

Discent.

• Takes not away the entry of him who claims by Devise, condition broken, &c. A. 210. B. 192. cont. B. 147.

Disclaimer.

• He who hath disclaimed, shall not have a Writ of Error, C. 176.

Discontinuance de Process, &c. Vide Continuance. Discontinuance de Terre.

• Remainder in fee after a Lease for life; where not discontinued by Fine by the Tenant for life, A. 40. B. 18, 19.
• None of Copyholds, A. 95.
• Nor upon a Covenant to stand seised made by Tenant in tail, A. 110, 111.
• By Feoffment of Tenant in tail, A. 127. B. 18, 19.
• Quid operatur if the Feoffees joyn in the Discon∣tinuance, B. 18, 19.
• Lease for years by Cestuy que use pur vy, is no Dis∣continuance, but warranted by the Stat. of 32 H. 8. B. 46.
• None if the Reversion be in the King, B. 157. C. 57.
• Nor by Bargain and Sale by Deed enrolled, with∣out Livery, C. 16.

Disseisin and Disseisor.

• Where a Man shall be a Disseisor at the election of another, A. 121. B. 9.
• If Tenant per auter vy hold over after the death of Custuy que vie, if he be a Disseisor, B. 45, 46.
• The like if Tenant for years holds over, B. 45, 46.
• If the younger Brother enter, if he be a Disseisor or Tenant at sufferance, B. 48.
• If Disseisee may give licence to put in Cattle be∣fore Entry, C. 144.
• He who Disseiseth a Copyholder gains no Estate, C. 221.
• Disseisin to the use of Baron and Feme, he only agrees, the Estate vests in both, but the Feme is no Disseisor, C. 272.

Distress.

• Cannot distrain upon the Kings Lands, A. 191.
• Where, and who may distrein the Cattle of a Stranger, though not Levant and Couchant; where and who not, B. 7.
• If one as Bailiff, may say he takes a Distress for one cause, and carry it away for another, B. 196.

Dower.

• The Wife not Dowable if the Husband be attaint of Treason, although pardoned, A. 3.
• Of what age the Feme must be, A. 53.
• Inquiry of Damages where the Baron died seised, A. 56, 92.
• In such an Inquiry the Jury may find above the value of the Dower, A. 56.
• By Custom of Gavel-kind, whether demandable as by Common Law, A. 62, 133.
• How a Grand-Cape in D. must be executed, A. 92.
• Wife Dowable of a Seisin in Fee, defeasible by a Condition, A. 168.
• The Wife shall be endowed at Common Law, where the King is to have Primer Seisin, A. 285.
• If a conditional Estate be a good Joynture to bar Dower, A. 311.
• Bar that the Heir granted to the Wife a Rent in satisfaction, &c. he ought to shew what Estate he had in the Land, B. 10.
• An Infant cannot lose by default in Dower, un∣less per Gardian, B. 59, 189.
• Notwithstanding what divorces the Wife shall be endowed, B. 169, 170.
• If the Wife shall be endowed, where the Husband takes a Fine, and renders back presently, C 11.
• If she be barred by Fine and Non-claim, if she brings her Writ within five years, and desists pro∣secution six years after, C. 50.
• Touts temps prist a render Dower; where necessary to plead it, or to give Judgment by default, C. 50, 52.
• If the Wise of the Lord shall be endowed of De∣meine Lands grantable and granted by Copy by the Lord, B. 153. C. 59.
• Of a Presentation to a Church, C. 155.
• It is a good Bar in Dower, that the Feme accept∣ed Homage from the Tenant, C. 272.
• Pleading of agreement to a Joynture made during Coverture, C. 272.

Divorce.

• If it be causa frigiditatis in the Man who hath Issue by another, if the first Marriage be good, or the Divorce good, until avoided by Sentence, B. 169, 170, 171, 172.
• The several kinds of Divorce, B. 169.
• In pleading of Divorce, the Judges name Coram quo, must be precisely pleaded, B. 170, 171.

Droit.

• The form of a Writ of Right, and what is de∣mandable therein, A. 169. B. 36.
• Whether it lies of an Office, Stat. W. 2 cap. 25. A. 169. B. 36.
• The manner of arrayment of the twelve Recog∣nitors by four Knights, A. 303.
• Droit of an Advowson, where it lies, A. 316.
• No challenge to the Polls after the Array made, A. 303.
• Where a Man hath no remedy but by this Writ, B. 62, 63, 65.
• A Writ of Droit Close directed to the Bailiff, and procceeded coram Sectatoribus, good, C. 63, 64.
• In such Writ twelve Recognitors retorned, suffice in an Inferior Court, C. 64.
• The manner of swearing the Jurors, C. 162.
• Upon Issue upon the meer Right, the Tenant must first give evidence, C. 162.
• In a Writ of Right Sur Disclaimer, it is a good Bar that the Lord since accepted the Rent from the Tenant, C. 272.

Duresse.

• A good Bar in an Action of Account, A. 13.
• It may be pleaded without a Traverse, C. 239.
• What is, what is not Duresse, 239.

Dutchy.

• A Case thereof, and of Grants made under that Seal, B. 151, 152, 162, 163, 164.