Good against Bawtry.
GOod brought an Ejectione firme against Bawtry, for ejecting him of certain lands in Creeting St. Maries, in Creeting St. Olaves, and in Creeting omni∣um sanctorum, and a Venire facias issued, to try the issue, to Summon 12. men de vicineto de Creeting St. Mary, Creeting St. Olaves, and Creeting omnium omitting Sanctorum; and it was now moved in arrest of judgement, by Attoe Serjeant, that the Venire facias was not good, for it ought to be of all the Creet∣ings, and the Court blamed the Clark very much for his negligence, but it was adjourned till another time.
A man lett an advowson for 40. years, and the lessee covenanted that he would not alien without the assent of the lessor, and he shewed all the matter, because he had aliened to I. S. without his assent, and the Defendant pleaded, that he had not aliened without his assent, and upon that they were at issue, and it was found for the Plantiff, and now it was moved in arrest of judgement, because he had not laid, that the alienation was by deed, for an advowson may not pass without deed, and Hobert said, if a man will declare in an ejectione firme of a lease made by the husband and the wife without deed, this is not the lease of the wife without deed, or yet if the Defendant will plead, not guilty, or non dimisit, and this is found for the Plantiff, the Plantiff shall have judgement, for this shall be intended to be by deed, which was granted by Winch Iustice being only present, that the breach was well laid, and he alleadged a president 43. Eliz. a man avowed, and had not shewed that this was by deed; and the Defendant pleaded non concessit, and found for the avow∣ant, and he had judgement, but Hobert denyed this case, but afterwards in the principal case, it was adjudged that the breach was well laid, and the Plantiff had judgement.
In a formedon in reverter the Tenant was essoyned, and the vouchee also ap∣peared, the case was essoyned, and he had day over till octabis Michaelis. And then the Attorney of the Defendant would have been essoyned, and it was argued by Hendon Serjeant, that he shall not be essoyned, and yet he agreed if the vouchee had not appeared, the Tenant might have been essoyned againe, 13. E. 3 essoyne the 8. and the same Law of the vouchee be returned tarde, but if the vouchee ap∣peare, and is essoyned, there the Tenant shall not be essoyned againe, and so is the express ••ook of the 3. H. 7. 17. 9. E. 3. 39. and the reason is, because by the appearance of the vouchee the Tenant is out of the Court &c. and it was adjourned till another day: and at that day it was resolved by the Court, that the Attorney shall be esso••ned, and this was upon the view of a like judgement, in the case of the Earl of Clanrickard; and Hobert said, that in that case the Roll of the 3. H. 7. was searched for, and could not be found; and Towse urged 22. H. 6. and 13. E. 3. essoyne 8.