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.

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Title
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.
Author
Leonard, William.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,
1686.
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Subject terms
Law reports, digests, etc. -- England.
Law -- England -- Cases.
Link to this Item
http://name.umdl.umich.edu/A47718.0001.001
Cite this Item
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

Pages

J.

Ieofails. See the Statutes.
  • SEe Statute 32 H. 8. cap. 3. and 18 Eliz. cap. 14.
  • For want of the Christian Name of the Attorny in the Roll, if aided, A. 175, 176.
  • Mis-joyning of Issues is aided; But if Issue be joyned but as to part, and nothing said of the rest, that is not, B. 195. C. 67.
Ignorance.
  • What Ignorance shall excuse the Defendant of a Tort, B. 94, 95.
Incidents.
  • A Court is incident to a Mannor, and cannot be severed, A. 119.
  • A Steward is incident to a Court, A. 218.
  • And amercament to a Court-Leet, A. 217.
  • What things are incident to a Hundred Court, B. 74.
Indictment.
  • For publishing false News, Indorsed Billa vera; And after, Sed utrum verba fuer. locuta seditiose, is not good, A. 287.
  • Upon the Stat. of 1 Eliz. for administring the Sa∣crament in a wrong form, A. 295.
  • Where a greater punishment is added for a second offence, the first Conviction must be recited in the second Indictment, A. 295.
  • Lies not for enclosing part of a Common, B. 117.
  • De morte cujusdam hom. ignoti, is good; Con. of a Coroners Inquest, B. 121.
  • Against one Man for not repairing a Bridge in a Road, B. 183, 184.
  • Of Trespass may be taken before two Justices, though neither be of the Quorum, B. 184.
  • Of Forcible Entry, good in part, and void in part, B. 186. C. 102.
  • Upon a Statute, cannot stand good as to the same offence at Common Law, B. 188.
  • ...

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  • For Perjury upon the Statute 5 Eliz. must say voluntarie deposuit, B. 211.
  • Against a Juror for disclosing that a party was in∣dicted, C. 207.
  • Lies not for inclosing a Common in the parties own Land, C. 216.
  • For suing one in Debt in the Court of Request, C. 229.
Inducement.
  • What matter of Inducement is laid in Assumpsit, and is the Consideration, it must be certainly al∣ledged, B. 203, 204.
Infant.
  • May have an Action in nature of a Dum fuit infra aetatem, upon a surrender of Copyhold Lands, A. 95.
  • Count against him for necessaries ought to be spe∣cial, 114.
  • Suffers a common Recovery by Guardian, A. 211.
  • Cannot lose by default in Dower, unless by Guar∣dian, B. 59.
  • Declaration of the Uses of a Fine binds him, B. 159.
  • Lease by him without a valuable Rent, is void, B. 217, 218, 219.
  • Cannot enter into a Recognizance for to dis∣charge himself of an Execution, C. 113.
  • Infant Executor may sell Goods, and it shall bind him, C. 143.
  • Not prejudiced by his Laches of not tendring his Fine to the Lord, C. 221.
Information.
  • In the Exchequer for Usury, many diversities argued, but not adjudged, A. 96.
  • For the King against the Master of his Ordinance, for not rendring an account of Bullets, &c. but con∣verting them, &c. what is a good plea to it, B. 34.
Inquiry of Damages.
  • Judgment upon Demurrer pro quer. for part, and an Issue depending for other part, A Writ of In∣quiry shall issue, A. 141.
  • Though too small Damages be found, no new Writ shall issue, B. 214.
Inquest.
  • A Juror Alien need not be worth 4 l. per annum, A. 35.
  • Ought not to meddle with matter not in issue, A. 67.
  • Fined for eating before they were agreed, A. 132, 133.
  • A Juror sworn who shewed his Charter in ex∣emption, A. 207.
  • The Christian Name of a Juror mistaken, is Error, A. 276.
  • Inquest fined and imprisoned for not finding an Office for the King, B. 132.
  • The first Inquest which tries the first issue may assess Damages for the whole Trespass, C. 122.
  • If an Inquest of Middlesex may inquire (by inquest of Office) of the Customs in London, C. 127.
Inrollments.
  • If a Lease enrolled be lost, the Jur. is not of any effect, A. 329.
  • Where a Deed may operate both by the Statute of Inrollment and of Uses, C. 16.
  • What is a good Plea against a Deed enrolled, A. 183, 184, B. 121.
  • How the time is accompted for the six Months, A. 183, 184.
  • If it be enrolled, non refert if it were acknow∣ledged, C. 84.
  • How a Corporation must acknowledge a Deed C. 84.
Intendment.
  • Where two several quantities of Acres shall not be intended all one, A. 44.
  • Where the intent of a Man is traversable, ib. 50.
  • Where issuable, B. 215.
  • Where and how the Law construes the Intent of one who enters in Land, A. 127.
  • Where mentioning a Rent of 8 l. and after say∣ing 8 l. Rent is intended the same Rent without the word praedict', A. 173.
  • How far the Law takes matters by Intendment, in Wills, Deeds, &c. A. 204, 210, 211.
  • St. Martins and St. Michaels day what Feasts by Intendment, A. 241.
  • Where want of an Averment is aided by Intend∣ment, A. 281. C. 42, 43.
  • Where Baron and Feme are vouched, it is in∣tended to be in right of the Feme, A. 291.
  • If a Service be reserved according to the value of the Land, it is intended the then present value, B. 117. C. 114.
  • Seisin in Fee is intended to continue until the contrary appear, C. 42, 43, 96.
Intrusion.
  • Bar therein by Grant of the King, A. 9.
  • Into the Rectory and receiving the Tithes, A. 48.
  • Disceit is no Bar therein, for nullum tempus occurrit Regi, B. 31, 32.
  • The Information is prout patet per recorda;
  • If the Defendant plead a Title; If he need to traverse nul tiel record, B. 30, 31.
  • If every continuance is a new Intrusion where the first Entry was lawful, B. 206, 207.
Joynt-Tenants, and Tenants in Common.
  • One Joynt-Tenant of the next avoidance to a Church, Ecclesia vacante, releases to his Companion, nihil operatur, A. 167.
  • Cannot sue one the other in Trespass for their Lands, A. 174. C. 228, 229.
  • Where two shall be Joynt-Tenants or Tenants in Common of an Estate tail, A. 213, 214.
  • Two Joynt-Tenants are disleised by two, to one of whom one Joynt-Tenant releaseth, the other en∣ters; he is Tenant in Common to the Relessee, A. 264.
  • One Joynt-Tenant cannot grant to or enfeoff his Companion, A. 283.
  • If a Joynt-Tenant and a Tenant in Common may

Page [unnumbered]

  • joyn in debt for Rent, and make a general Count, where one is to have a greater share, B. 112.
  • Devise to two to be equally divided, if it be an Estate in Common or a Joynt, B. 129. C. 9.
  • If one Joynt-Tenant accept a Lease of the Land from his Companion, he is estopt to claim by Sur∣vivor, B. 159.
  • Pleading of Joynt-Tenancy in abatement, by Fine or Deed, Stat. 34 E. 1. 8. B. 161, 162.
Joynder en Action, & Action & Plea.
  • Three Tenants in a Praecipe cannot vouch seve∣rally, A. 116.
  • Two Defendants justifie severally, and the Plain∣tiff says joyntly de injuriis suis propr', &c. and good, A. 124.
  • Tenant for life and he in remainder in tail joyn in prescription, A. 177.
  • Where two Joynt-Tenants or Tenants in Com∣mon, shall joyn in one Formedon, A. 213, 214.
  • In what real Actions, who shall joyn or sever, A. 293, 294, 317.
  • In a Writ of Error the like, A. 293, 294.
  • Who shall joyn in a Writ of Error, or in Con∣spiracy or Attaint, A. 317.
  • Three joyn in Action upon the Statute of Hue-and-Cry, and adjudged good; Quod est mirum, A. 12.
  • Covenant to two, & quolibet eorum, both must joyn, B. 47. C. 161.
  • If one is obliged to account to three, he may do it to any one, B. 75, 76.
  • Debt (upon a Judgment against three) cannot be brought against one only, B. 220.
  • Two Infants Joynt-Tenants cannot joyn in a Dum fuit infra aetatem, C. 255.
Ioynture.
  • What alienation of a Feme of her Joynture is within the Statute, 11 H. 7. 20. A. 261, 262.
Iourneys Accompts.
  • If Error lies for the Heir upon death of his An∣cestor, by Journeys Accounts, Quaere, A. 22.
Issues joyn.
  • One joynt replication de injuriis suis propriis to two justifications, adjudged good, A. 124.
  • Is called in the Civil Law, Lis contestata, A. 278.
  • If an Advowson be appendant or in gross, A. 323.
  • How it shall be joyned upon pleading Ancient Demesne, A. 333.
  • Upon special Bastardy, A. 335.
  • Issue in an Inferior Court triable out of their Ju∣risdiction, not triable in the Courts at Westm. B. 37.
  • Mis-joyn, for that the Plaintiff in Covenant alter∣ed a word from the Covenant, B. 116.
  • In Replevin, upon abs{que} hoc, that he took them as Bailiff, B. 215.
Iudgment.
  • Upon the Defendant rendring himself in dis∣charge of his Bail, A. 58.
  • The Defendant pleads a frivolous Plea, which is found for the Plaintiff; Judgment shall be entred as by Nihil dicit. Nullo habito respectu, &c. A. 68.
  • In a Sur cui in vita, for part of the Messuage de∣manded, A. 152.
  • In Ejectment Quod quer. recuperet possessionem, is as good as Termin, A. 175.
  • Quod Capiatur, well enough, although pardoned by Act of Oblivion, A. 167, 300.
  • Shall not be for the Plaintiff, if by the Record it appears the Plaintiff hath no cause of Action, or that the Action is brought before the Debt due, A. 186, 187. B. 99, 100. C. 86, 87.
  • Entred as of a day past, where the Defendant dies, while (after Verdict) the Court takes time to consult of the Law, A. 187.
  • In what cases the Judges may give Judgment by sight of an Almanack, A. 242.
  • Judgment for the Plaintiff in Trespass, although the Defendant died before the Writ of Inquiry re∣turned, A. 236.
  • In Forcible Entry for treble Costs and Damages, A. 282.
  • Nihil de fine qui a pardonatur, not good, because the Defendant does not plead the Pardon, A. 300, 301.
  • In Trespass or Case may be arrested after the first Judgment, A. 309.
  • Arrest of Judgment shewed in writing in the Exchequer, B. 40.
  • Judgment final upon a Verdict in a Counter-plea in Aid, B. 52.
  • Where it shall be reversed in part, or in all, B. 177, 178.
  • Against the Heir, where his Plea is found against him, is general against all Lands, C. 3.
Iurisdiction.
  • The Spiritual Court hath Jurisdiction where right of Tithes comes in question between two Par∣sons, A. 59.
  • In what Cases the Spiritual Court may have Juris∣diction for Slanders, B. 53.
  • If the Court hath not Jurisdiction of the Action, all is void; but other faults make the proceedings only voidable, B. 89.
  • One cannot plead to the Jurisdiction of the Court after Imparlance, C. 214, 215.
Iour in Court, & dies Iuridicus.
  • What things may be done upon day extrajudi∣cial, B. 206, 207.
Iustices and Iudges.
  • Whether Justice of Peace in a Vill may be by Prescription, A. 106.
  • In what Inferior Courts, who are Judges, A. 217, 228, 242, 316. B. 34.
  • If a Judge may take the acknowledgment of a Deed to himself, A. 184.
  • No Action or Indictment lies against one for an offence done as Judge, A. 295, 323, 324.
  • Upon a Justicies the Sheriff in person is Judge, else all is coram non Judice, B. 34.
  • If Justices of Assise and Gaol-Delivery can take an Indictment of Trespass, B. 117.
  • A Justice of Peace cannot commit one for making a Contract against Law, B. 210.
  • What Indictment cannot be taken before Judges of Assise and Gaol-Delivery, C. 216.

    Page [unnumbered]

    Iusticies.
    • None but the Sheriff himself can hold Plea thereby, B. 34.
    • No Capias in Execution thereupon, B. 86.
    Iustification.
    • By a Constable in false Imprisonment, for that the Plaintiff would leave her Child to the Parish, A. 327.
    • By Prescription for a Way, the Defendant must shew a quo & ad quem locum certain the Way leads, B. 10.
    • By the Bailiffs of a Corporation to imprison any Subject at their pleasure for a misbehavior, not good, B. 34, 35.
    • If the Constable plead, that he set one in the Stocks for not Watching, he must aver that the party dwells in his Parish, C. 208, 209.
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