Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Henry Good against Thomas Good.

IT was agreed in the case by the Court, between Henry Good and Thomas Good, that if the devisee of 500. l. sue in the Marches of Wales for this lega∣cie, that a prohibition is grantable, for though the Court of the Common pleas had no power to hold plea of that, yet because that the thing is only triable in the Ec∣clesiastical Court, a prohibition may be granted to reduce that to its proper Court: and though the instruction of the Court of the Marches be to hold plea of all such things, wheresoever there is no remedie at the Common Law, yet this is to be un∣derstood of matters of equitie, and not to take the jurisdiction from the spiritual Court, for in verity the King may not do that by his Letters pattents; but yet the Court agreed, that if the Executor do suffer a decree against him in the Court of the Marches, and not come to them at the first to be releived, it is now meerly in the descretion of the Court whether they will grant that or no, for that is a means to lengthen suits, and to make the more delay, before he do recover his legacie.

If a Capias ut legatum issueth to the Sheriff to take the partie, and to enquire what lands and Tenements he had, and the Sheriff findes by inquisition that he is seised of many lands, and continues possession in them, and the Sheriff do out me, I shall have an action of trespass.