An exact abridgement in English, of the cases reported by Sr. Francis More Kt. serjeant at law with the resolution of the points in law therein by the judges / collected by William Hughes of Grayes-Inn Esq.

Mich. 7. Eliz.

Worleyes Case. 196. An Enfant was bound in a Statute of 600 l. and afterwards was taken in Execution upon it, and at full age he brought an Au∣dita Querela, to avoid the Execution: The Case was argued by the Judges, and at length Resolved, That the Audita Querela should abate; For it was Resolved, that if any Enfant acknowledge a Statute, or Recognizance, or Levyeth a Fine of his Land, he shall not reverse it by Error or otherwayes, when he is of full age, it being matter of Record; but if he will avoid it, it must be during his Minority.

197. One came to an Inn and brought goods with him, The In∣keeper said to him, There are many resort to this House, and I do not know their behaviour, therefore here take the Key of such a Cham∣ber and put your goods there, for I will not take Charge of them, and afterwards the goods were stolen. It was the opinion of Wrey Justice, that an Action did lye against the Inkeeper, for he is by the Law chargeable with all things which come into his Inn, and by Law he cannot discharge himself by such words as are in this Case.

Price and Jones Case. 198. Error by A. and B. against I. S. of a Judgment in an Assise of Novel Disseisin given by the Justices of Assise at Mon∣mouth; It was demurred unto, and Adjudged here in C. B. That a Writ of Error here upon that Judgement did not lye.

Stakely and Thynns Case. 199. In Debt the Plantiff and Defendant both appeared by their

Attorneys and day was given to the parties in statu quo tune, till 8. Hill. at which time the Defendant made defaust; Holden the Plantiff should not have Judgment, because Dies Datus, is as strong as an Imparlance.

Lucas and Cottons Case. 200. Words, viz. George Lucas is a false Knave and worthy to stand upon the Pillory. The Defendant Justified, because the Plantiff swore his debt falsely to be true, upon an Attachment according to the Custome of the City of London; which by the Court was holden to be a good justification, wherefore adjudged against the Plantiff.

Slisield and Sibills Case. 201. Debt by Husband and Wife upon a Lease for years; the Defendants said, that they had not any thing in the Land at the time of the Lease, as to part; It was found that they had and did demyse, and as to other parts that they did not demyse; It was holden, the Plantiffs could not have Judgement for any par∣ty.

Arden and Mischells Case. 202. Replevin. The Defendant avowed as Bayliff to the Coun∣tesse of Rutland for Rent; The Defendant said, that the Abbot of C. 29 H. 8. was feised and made a Lease to I. S. for 60. years render∣ing Rent, viz. 22 s. and expressed the same by such figures, viz. 22 s. and that after the making and delivery of the Indenture, the Plantiff caused the said 22 s. to be rased into the forme of 5. and after the said 5. caused to be adjoyned the Letter (m) by which the Indenture was void. It was the opinion of the Justices that by such rasure the deed was void.

B••lfield and Rouse Case. 203. Dower. The Defendant pleads as to part in abatement, that he was not Tenant, and as to the Rest, he pleads a gift in Fee to the Husband by which he claimed the Land as Brother to the Husband; and also pleads a Will by which he was entitled to other parts, both which the Plaintiff did Detain; Upon Non Detinet, it was found for the Plaintiff, and she had Judgment for damages from the death of the Husband.

Watson and Bishop of Cant. Case. 104. In a Quare Impedit, the Defendants at the Distresse made default, and Judgment was given for the Plaintiff against all the Defendants to recover damages, because they were supposed all distur∣bers by their default, but the Plaintiff was compelled to make Title.

Bullock and Bardetts Case. 205. The Case was, the Bishop of Salesbury in temps R. 2. made a Feoffment in Fee of a Messuage and 3. Roodes of Land in Erbon∣field, parcel of the Mannor of S. nec non of 17. Acers of Wood in a great Wood containing a 1000. Acres to Bullock and his Heirs, and after 5. discents the Land came to the Plaintiff, who 6. of the Queen entred into the great Wood, and made election of the 17. Acres in a place called Saltors Hill parcel of the said great Wood, and distinguished them by Metes and Bounds; The Question was, if the 17. Acres passed to G. Bullock, and whether the election of them by R. Bullock his Heirs in the 5th. discent was good or not; It was the opinion of the Justices, that nothing thereof was vested in G. Bullock the Ancestor and the Election to have the 17. Acers was not given to the Plantiff the Heir, for that nothing was in the An∣cestors which might discend to him, and as a purchasor he could not take for that nothing was given to him.