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.

E.

Ejectione Firme.

• LIes of Title in London, A. 19.
• Lies not de Tenemento, A. 118.
• Where it lies not but upon an actual ouster, A. 212.
• If the Plaintiff hath no Title, nor the Defendant any, the Plaintiff shall not recover, A. 215.
• Et bona & catalla cepit, A. 312.
• Lies not of Copyhold upon the Lords Lease, but of the Copyholders Lease, A. 328.
• Where one pleads and the other demurs, and the dem. is adjudged for the Plaintiff, the Plaintiff cannot relinquish the Issue and take Judgment, as in Trespass, B. 199.
• De uno Cubiculo better than de una Camera, C. 210.
• De Romea, C. 210.
• De Messuagio sive Tenemento, is not good, C. 228.
• The Plaintiff may relinquish his Damages where part of the Action fails, and take Judgment for the other, C. 228.

Ejectione Custodie.

• For a Lord of the Heir of his Copyholder, A. 328.

Election.

• Of an Acre in a great Field sold to a Corporation, how they must make Election, A. 30.
• To whom given where the condition is in the disjunctive, A. 70.
• Devise of an Acre in a Field, the Devisee must make his election in his life, A. 254.
• Grant of a Mannor, except B. Arce, where is two of that name, the Grantor hath the election, A. 268.
• Award in the disjunctive and one part is void, yet the other must be performed, A. 305.
• Where one hath election to claim an Estate by two manner of Conveyances by one Deed, C. 16, 17, 128.
• Covenant to stand seised of Lands in S. of the yearly value of 40 l. who hath the election, C. 27.
• Cannot be transferred over to the prejudice of another, C. 154.

Elegit. Vide Extent and Execution.

• If after Elegit retorned, that the Lands are al∣ready in Extent, the Plaintiff may have a Capias, A. 176.
• If it be executed, but not retorned, Quid operatur, A. 280. B. 12, 13, 49, 50.
• Granted against an Executor upon Devastavit retorned, B. 188.
• Lessee for years may pay his Rent to the Plaintiff before Suit, C. 113.

Embleament.

• If Conusee of a Statute or Recognizance, or the Conusor shall have the Corn sowed, B. 54.

Entry.

• Estraying of Beasts sua sponte, no Entry, A. 110.
• What Act is an Entry, what not, A. 209, 210.
• Entry of him who claims by Devise or Condition broken, where not taken away by a descent, A. 191, 209, 210. Semble cont. B. 147.
• An Heir may bring an Action for Nusance with∣out Entry, A. 273.
• Husband Leases the Land of his Wife Tenant in Tail and dies, the Feme must enter before she make Leases, A. 122.
• In what case Cestuy que Use is put to his Entry, A. 258.
• By death of Tenant in Tail without Issue, the Freehold vests in him in Remainder without Entry, A. 268.
• Where Trespass is maintainable without Entry, A. 302. B. 47, 97, 98, 137.
• Where the Entry of him in Remainder upon, forfeiture of Tenant for life, is lawful, B. 61 62, 63.
• ...

• The Patentee of the King must enter where there is an Intruder, B. 147, 148.
• The Lessee levies a Fine to the use of himself and his Heirs, if he may re-enter without Attorn∣ment, C. 103.
• Disseisee must re-enter before he can licence one to put in Cattle, C. 144.
• He in Remainder after the death of Cestuy que vie, may bring Trespass without Entry, G. 152, 153.
• By entry of a Stranger upon the Kings Farmer, he who enters, hath gained the Term of the Farmer, C. 206.
• He who hath an under Lease in Reversion of part of the Term from a Lessee of a greater Term, cannot enter to defeat the former Estate, but the Lessee may, C. 269.
• Two Tenants may plead several Tenancy in this Action, B. 8.
• What is demandable in a Writ of Entry, A. 169.
• Entry sur disseisin in London, C. 148.

Error.

• Upon a Bill of Intrusion in the Exchequer, A. 9. B. 194.
• By Journies accompts in a real Action against an Heir upon the death of his Ancestor, Quaere, A. 22.
• Judgment for the Defendant reversed, and Judg∣ment given pro quer', A. 33.
• Of an Assise, A. 55, 255.
• Where it lies of a Judgment in Ireland, A. 55. C. 159.
• Lies not in the Common Bench, A. 55, 159.
• Nor upon the first Judgment in Trespass or Ac∣count, A. 193, 194, 309. B. ••68.
• What Heir shall have it to reverse a Recovery, A. 261. 291.
• Of a Quid juris clamat, A. 290.
• Upon a Judgment in a Writ of Disceit, A. 293.
• Who must joyn or sever in Error in the realty, A. 293, 294, 317.
• It is Error in a Judgment in an Inferior Court, if no Plaint be, A. 302.
• To reverse a Fine for Infancy, and reversed in part, A. 317.
• By an Executor to reverse an U••lary in Felony against their Testator, A. 326.
• Where by reversal of one Record, another is annulled, A. 325, 326.
• A second Writ of Error in nature of Diminution to remove part of a Record, B. 2, 3.
• De recordo quod coram vobis residet, B. 2, 3. C. 107.
• The principal shall have no Writ of Error upon the Judgment against the Bail, B. 4.
• In fact, viz. the death or infancy of one of the Defendants after Verdict upon a Judgment in the Kings Bench, B. 54. C. 96.
• Upon a Judgment in the Exchequer, by whom al∣lowed, B. 59.
• Lies of a Judgment in London Sessions upon an Indictmenr, B. 107.
• If Error lies against the Queen, unless the party petition for the Writ, B. 194.
• Upon a Judgment in a Scire facias in the Chancery of Chester, B. 194.
• There must be two Writs to reverse two Fines, B. 211.
• If in such case the one Fine may be pleaded to the one Writ, and the other Fine to the other Writ, B. 211.
• If upon a Writ of Error of Fine, the Plaintiff is non-suit, a Stranger may have a Writ de recordo quod coram vobis residet, C. 107.
• Commission to three Judges to examine a Judg∣ment which was given in London, and reversed in the Hustings there in Assise of Fresh-force, C. 169.
• If the Bishop who pleads that he hath nothing but as Ordinary, must joyn in the Writ of Error upon a Quare Impedit, C. 176.
• He who disclaims shall not have Error, C. 176.

Escape.

• Lyeth against the Sheriff, although the Execution might be avoided by Audita Quereia or Error, A. 3. B. 93, 86.
• In what case a Vill shall be amerced for the e∣scape of a Felon, A. 107, C. 207.
• The Sheriff lets one escape whom he took by Cap. Utla. when he had a Capias ad satisfaciend. against him in his hands; yet escape lies not, A. 263.
• If it lies where the party was charged in Execu∣tion while he was Prisoner for Felony, A. 276.
• It lieth not for escape of a Bail, if no Scire facias issued against him, B. 29, 30.
• Was first given by equity of the Stat. W. 2. cap. 11. B. 9.
• No Costs upon non-suit in this Action, B. 9.
• If the old Sheriff keep any Prisoner after he is discharg'd of his Office, it is an Escape, B. 54.
• If one escape upon an illegal Writ, the Court will aid the Sheriff, though he cannot deny to execute the Process, B. 86.
• The Sheriff cannot seise the party who escapes by his consent, B. 119.

Escheat.

• If a Remainder depending upon an Estate for life Escheat, the Seigniory is extinct, A. 255.

Essoine.

• In an Ejectione Firme adjorned, A. 134.
• The Term in the eye of the Law begins the day of Essoines; cont. as to lay gents, A. 210, 211.
• In Quare Impedit, B. 4, 185.
• The office and force of an Essoine, B. 4.
• If the Defendant appear and be essoined, no A∣merciament ought to be against him, B. 185.
• An unnecessary and feigned delay, C. 51. per Dyer.

Estoppel.

• Count of a demise generally, Defendant pleads nihil habuit in Tenementis, the Plaintiff may estop the Defendant by pleading the Deed, A. 156, 204, 206.
• Who shall take advantage of an Estoppel, A. 157, 158.
• The Jury ought to find it, though the party hath not pleaded it, A. 204, 206.
• If Deed enrolled be an Estoppel to the party to plead Non est factum, A. 184.
• Where the Court will take notice thereof, if not pleaded, A. 184.
• ...

• What Deeds made void by Statute, are good by Estoppel against the party who made them, A. 308, 309.
• By matter of Record, B. 3.
• Where one shall be estopped by a recital in a Bond, Indenture, &c. where not, B. 11. C. 118.
• What Estoppel made by the Ancestor shall bind the Heir, B. 57, 58.
• A Verdict for the Plaintiff upon a plene admini∣stravit, estops the Sheriff of that County where the Tryal was, to retorn nulla bona, B. 67.
• By Deed indented, B. 73.
• One seised in Fee takes a Lease of the Herbage of his own Land, he is not estopped to claim Fee, B. 159.
• No Estoppel by a Record, if the Judgment be reversed, C. 52.
• Jurors are not estopped by an Estoppel implied, unless pleaded in the Record, C. 209, 210.

Estovers.

• Prescription for them within a Forrest, A. 2.
• To a Messuage new built upon an old Foundation, B. 44.
• What Estovers Lessee for years may take of common right, C. 16.
• If Lessor grant Fire-boot, Lessee may take Trees if there be no Under-wood, C. 16.

Evidence.

• What Evidence may be given upon a Not Guilty in Trespass, A. 301. C. 83.
• What upon a Nil debet, in Debt for Rent, B. 10.
• He who is in the affirmative, must give Evidence first, C. 162.

Exception.

• Count of a Demise of Demesne Lands, and Evi∣dence that the Demise was with an Exception, yet good Evidence, A. 139, 140.
• Where in a Writ there must be a Forsprize, B. 162.
• What may be excepted out of a Lease for years, A. 49.
• De grossis arboribus crescen', A. 61, 116, 117, 246.
• Where a Praecipe shall demand a House with or without an Exception for part, A. 252.

Exchange.

• By Baron and Feme, who levy a Fine of the Land taken in Exchange, the Feme may enter into her own Lands, A. 285.

Execution.

• Where the Defendant taken by a Cap. pro fine, shall be in Execution for the Plaintiff, A. 51, 276.
• The Defendant rendring himself shall not be in Execution unless the Plaintiff pay it, A. 58.
• Execution shall be of the Goods which the De∣fendant had at the time of the Execution awarded, A. 144, 145.
• By Fieri facias, good after the Defendants death, A. 144.
• By Writ of Possession, the Sheriff must turn all persons out of Doors, A. 145.
• By Capias ad satisfaciend, after Elegit retorned, that the Lands were first delivered to others by Extent, A. 176.
• The Sheriff upon a retorn Habendo, may enquire the kinds of the Cattle, if the Count or Avowry be incertain, A. 193.
• One in Prison by Utlary, against whom the Sheriff hath a Capias ad satisfaciend. Escape lies not, though the Sheriff do not charge him with the Capias ad satisfaciend', A. 263.
• Stayed by Rule of Court after Judgment, A. 276.
• Where the Defendant taken and in Prison for Fe∣lony, is chargeable in Execution, A. 276, 277. B. 85, 86, 87.
• What are well executed not being retorned, and what not, A. 280. B. 49, 50.
• But one Execution upon a joynt Praecipe in debt, Secus upon a several Praecipe, A. 288.
• After Execution sued, the Defendant cannot sell his Goods bona fide, A. 304.
• One attaint of Felony, and also charged with Ex∣ecutions, shall not be discharged of the Executions; contra of Actions, A. 326, 327. B. 84 to 89.
• If the Execution be continued, no Scire facias is necessary, B. 77, 78, 87.
• In what Cases a Capias in Execution lay at Common Law, and in what now per Statute, B. 86, 87.
• Capias lies against the Bail in B. R. and C. B. in a common Action, and upon Audita Querela, B. 88.
• If the Body of a Lord be liable to Execution, B. 173, 174.

Executors.

• Scire facias Executoribus, &c. without their names, is good, A. 17.
• How Judgment shall be against them where part only is found in Assets, A. 67, 68.
• Where Assets is found for part, and after Goods come to the Executors hands, how the Plaintiff must sue forth Execution; scil. by Scire facias, A. 67, 68.
• No plea against an Executor, that the Executor was cited to appear to prove the Will, and made default, and that adm. was com. to the Defendant, A. 90, 91.
• Where Judgment shall be de bonis propriis where de bonis testatoris, A. 94.
• The Executor gives his Bond for Mony, a good Administration, C. 111, 112.
• Debtor makes the Creditor his Executor, A. 112.
• What is a good refusal of Executors to prove the Will, A. 135.
• Devise that Executors shall sell a Reversion, sale by Parol is good, and the Vendee is in by the Will, A. 148.
• Debt by single Contract lies not against them, though they do not demur but plead, A. 165.
• Action by them de bonis asport, in vita testatoris, and the form thereof, A. 193, 194, 205.
• One made Executor, if he shall permit J. S. to hold a Term for three years, when his power be∣gins, A. 229.
• By grant of Bona & Catalla, Goods of the Testators pass, A. 263.
• Executor of Executor how to be named, A. 275.
• In what case they shall recover Arrears of Rent in Fee by the Statute, 32 H 8. 37. A. 302, 303.
• ...

• Plene administravit before notice of the Suit, the original being in a forein County, A. 312, 69. B. 60.
• The Executrix of the Debtee marries the Debtor, she may have an Action for the Debt against the Debtors Executor, A. 320.
• They may have Error of an Utlary in Felony a∣gainst their Testator, A. 325.
• Good resolutions, for their pleading of Statutes, Judgments, &c. A. 328. 329.
• What Debts must be first paid, 328, 329.
• Are liable to account to the King. B. 34.
• The manner of prosecuting a Devastavit in a forein County against an Executor, B. 67.
• If they plead plene administravit specially by paying Debts upon Bonds, they must shew how the Bonds are discharged, B. 155.
• What intermeddling with the deceaseds Estate makes one Executor of his own wrong, B. 224.
• Conditional, if he pay all Debts owing to the Te∣stator, to the other Executor, C. 3.
• If Executors enter or claim generally, it shall be taken to be as Executors, and not in any other ca∣pacity, C. 36.
• It is said, that a promise cannot be good to bind an Executor, if he hath not Assets, C. 67.
• Sale of Goods by an Infant Executor, is good, and binds him, C. 143.
• One Obligor makes the Surety his Executor, who pays the Mony generally; Quaere, C. 197.
• How he must be sued, who being Executor of his own wrong, takes Administration, C. 197, 198.
• One Executor cannot give the Goods of the Te∣stator to the other, for nothing passes by such Gift, C. 209.
• Release of one Executor binds both, C. 209.
• Executor of Executor not chargeable with a De∣vastavit made by the first Testator, C. 241.

Exemption.

• A Juror sworn at the Bar, notwithstanding he produced his Charter, A. 207.

Ex gravi querela.

• In London, in what case, A. 267.

Ex parte talis.

• In what case it lieth, B. 93.

Exposition of Words.

• Dedi & Concessi in a Deed, A. 29.
• Where the word Or, in a Deed, shall be copulative; & e converso, A. 74, 244.
• Of the word eundem in a Grant, A. 15.
• Divisus & dividend. in an original Writ, A. 169.
• Of Adtunc, A. 172.
• I agree to surrender my Lands, (spoken by Te∣nant at will,) A. 178.
• Of the word Tenement, in Grants, A. 188.
• Of the word Covenant, in a Bill of Debt, A. 208.
• Uterque in Indictments, A. 241.
• Quous{que} A. 244. Suus, A. 271.
• Right, A. 271.
• Factum, implies sealing and delivering, A. 310.
• Exponere ad culturam, gives no Estate in the Land, A. 315.
• In portum & ad portum, all one, A. 335.
• Covenant with two & quo ibet eorum, B 47.
• In manner aforesaid, is a Devise, B. 69.
• By the word Licet, may be made a good allegati∣on, B. 108. C. 67.
• A mile is accounted in Law 1000 paces, and e∣very pace 5 foot, B. 113.
• Assurance, to what Conveyances it doth rel••te, B. 130.
• Selion of Land, is uncertain, B. 162.
• Puer, if it relates to both Sexes, B. 217, 218.
• Firma, C. 12, 13.
• Whether the word Mille, may be joyned to a Genitive or Accusative Case, C. 94.
• Tenementum, is of an incertain signification, C. 102.
• Of the word until; as a Lease until Michaelmas, includes the Feast day, C. 211
• Curtillage quid, C. 214.
• Where a word in the singular number includes the plural, C. 262.
• Immediate, C. 273, 274.
• Term of years, C. 112.

Extent.

• If it be well executed, though not retorned, A. 280.
• Executed though not retorned, in what case it is a good Execution, B. 12, 13.
• Lessee for years may pay the Rent to the Ex∣tendor, C. 113.
• Scire facias to remove the Conusee, C. 155.
• If the Conusee can in any case be removed with∣out a Scire facias, C. 155 to 158.
• What k••nd of Interest is left in the Conusor, during the Extent, C. 156, 157.
• If an Extent be avoided by a Prior Statute, the puisne Conusee may enter when the other is satisfied, C. 239.
• If a Debt be assigned to the King, he shall have all the Conusors Land, C. 240.
• By the Statute of Acton Burnel, the Extendors are to take the Lands if they appraise too high, and must pay the Debt, statim; But when that statim means vi. C. 274.

Extinguishment.

• Of Rent by Entry, what act amounts thereto, A. 110.
• Estate for life extinct by a Fee coming to the same person, A. 174.
• A Prescription of non decimand. in a spiritual Person, is not extinguished by the Lands coming to lay hands, A. 248.
• If a Remainder depending upon an Estate for life escheat the Seigniory is extinct presently, A. 255.
• Where an Action once suspended, is extinguished, A. 172, 320, 330, 331.
• Of a Use, A. 257, 259.
• A Rent granted in Fee, and that it shall be sus∣pended during the nonage of every Heir, A. 266.
• Executor of the Debtee takes to Wife the Debtor, how adjudged, A. 320.
• ...

• Where personal things once suspended, shall be revived, B. 84.
• Lessor mortgages his Reversion to the Lessee in Fee, the Term is utterly extinct, C. 6.
• Where a Warrant is suspended, and may be re∣vived, C. 10, 11.
• A Term for years comes to the Lessor as Execu∣tor, and he dies, the Term is revived, C. 210, 111.
• If Unity of possession in the King of Abbey Lands, extinguish a Common, C. 128.
• If Devisee of a Term remainder over purchase the Fee, the Term is not merged, C. 92, 93.
• Condition of re-entry is not suspended by as∣signing part of the Land for part of the Term, C. 221.
• By destroying a Reversion, a Rent depending thereon is extinct, C. 261.
• A Mesnalty extinct by the Lords purchasing the Tenancy, C. 261.

Extortion.

• Against whom it lies, and the several Statutes a∣gainst it, A. 295. C. 268.
• It must be set sorth in the Judgment whether any Fee or no Fee was due, C. 268.