Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

Easter Term, 37 Eliz. Pigots Case.

1. AFter the death of Valentine Pigot Esquire, a Commission was a∣warded in nature, of a Mandamus, and after the death of Tho∣mas Pigot Father of the said Valentine, a Commission was awar∣ded in nature of a Diem clausit extremum, and the said Commissions were awarded to one and the same Commissioners, who by one Inquest took but one Inquisition upon these severall Commissions in this form.

Inquisitio indentata capt•• apud, &c. virtute Commiss. in natura brevis de diem clausit extremum eisdem Commiss. direct. &c. ad inquirendum post mor∣tem Thomae Pigot, Ar. nuper defuncti patris predict. Valentin. per sacra∣mentum, &c. Qui d••cunt, &c. After which all the points of the C••mmission after the death of the s••id Valentine are enquired of; but for the Commissi∣ons after the death of the said Thomas Pigot, it is imperfect in some points, as who is his Heir, &c. is not found.

And by Popham and Anderson, this Inquisition is void as to Valentine as well as for Thomas, for their authorities which are the Commissions are by severall Warrants which cannot be simul & semel by one and the same Inquisition executed and satisfied, but ought to be divided and severall, as the Warrant is severall, and yet the same Inquest which found one Inqui∣sition by one Warrant, may also find another Inquisition by the other War∣rant, but divided and severall, and not as one, for as it is made it does not appear upon which of the Commissions the Inquisition as to Valentine is ta∣ken, for as it is made it may be as well upon the one as upon the other, for it is said to be by vertue of both the Commissions, which cannot be, and ther∣fore is not good in any part, and severall Warrants ought to be severally execused, and therfore although the Escheator as appeareth by 9 H. 7. 8. may take •••• Inquisition Virtue officii, and at the same day another Inquisition, Virtue brevis by one and the same Inquest, yet this cannot be drawn into

one Inquisition: And that which is found Virtue officii contrary to that which before the same day Virtute libris, as that it found more Land, is good for the King. And this their opinion was certified to the Court of Wards.