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.

THE TABLE OF THE PRINCIPALL MATERS Contained in this BOOK.

A.

ACceptance	113
Of a second Lease determines the first	9
Action	179
Where the Master shall be charged in an Action, for the act of the Servant, & e contr.	143
Action upon the case for words	35 36. 139. 140. 128, 129. 148. 150. 177. 180. 184. 187. 207. 210.
Action upon the case	116. 144.
for pulling down a house,	15
Against an Officer for his neglect,	27
For laying too much waight, wher∣by goods in another mans pos∣session are lost	46
For stopping of a Water-course	166
Accessaries	107
Adjournment	33
Administration
not avoided by Averment,	37.
granted by a Lay-man	160
Administrators
Of the Wise shall have a Lease set∣led on the Wife, not the Hus∣band	106
Admittance	125
What the Heir may do before ad∣mittance,	39
upon a surrender by a Disseisor	71
Addition
Of matter of Ornament, shall not avoid a grant	57
Advowson	23
Agreement	134
construed according to the in∣tention of the parties	182
Where to be joynt, where severall	204
Alien
Where he may purchase, where not	36
Amendment	21. 128. 203, 204.
Of the Postea, and made according to the Pannel, and the Record	102
Of a Record, after the Record re∣moved, and Errour assigned	196
Annuity	87. 86
Pro consilio	135
Appropriation	144, 145
Appeal
Of Mayhme	115
Plea in it	115
Assesment
by the major part of Parish∣oners shall bind the rest	197
Assumpsit	148. 182, 183. 193. 206
against an Executor of an As∣sumpsit in the life of the Testa∣tor 30, 31, 32. generall indebitat. Assumpsit	31
without consideration, is nudum pactum	178
What shal be a good considera∣tion to ground Assumpsit	183, 184.
Assise	111.
Assets, where a Lease for years to a Copyholder, in the hand of the Executor of the Lessee shall be Assets	188

Assault and Battery	13
In what case it lieth not against a Constable	13
Assurance	19
Arbitrement	134
Of one part only not good	134
Avowry	163
Authority	1. 194
to enquire upon severall Commis∣sions. A joynt Inquisition can∣not be returned	94
Averment	28. 158
Not to avoid a Record	29
Wher it must be of Levant & Cou∣chant by the party 201. & error.	201
Award	15, 16

B.

BAile, discharged by death of the Principals	186
How it shall relate,	132
In the Kings Bench, and the Com∣mon Pleas, differ	132
When suspended by a Writ of Er∣ror brought	186
Bar.	1. 112. 167. 114
Not good for want of traverse, & è contr.	67, 68
Void for incertainty	204. 209
Bargain and Sale
By word not good	48
To one and his Heir•• to the use of another, where void	81
Burglary	42. 52. 84
Brief: Of entry of an Advowson	22

C.

CErtiore 202. Of the names of the Jurors. To remove Indictment	144
Chattels	5
Charge	5. 86. 152. 196
Where avoided by entry for a con∣dition broken	50, 51
Charitable uses	7. 139
Charters	17
Clergy
Where allowable	52
Claim
Where it determines the Estate	64
& è contr.	64
Common recovery	6
Of Advowson	23
By Tenant for life, a forfeiture	23
Need not be averred, 24, is a ba•• of all Rights	10••
Certainty
A thing incertain made certain b•• matter ex post facto	18••
In performance of Covenants wh•• is to do the first act	19••
Where joynt and severall	20•• 204
Condition	27. 53. 58.
to pay money, payment shall be up∣on the Land	11
Repugnant, 16. void for uncertain∣ty	99
Given to the King by Attainder	19
Inseparable, and not to be transfer∣red	19
Words conditionall	25. 198. 199
Where payment of money in part by fraud, shall be no perform∣ance of it	100
When to be performed to the As∣signee, and not to the Heire,	100
Taken strictly 104. within con∣venient time	199
Not to allien, and he deviseth if broken	106
Where the word (paying) is a Condition, where a confidence	11
Where discharged by the disability of the party to perform it	110. 198
Confirmation	105, 131
cannot enlarge an Estate which is determinable upon a conditi∣on	52
Contingency	21
Contribution	155
Constable
his Office, and authority	13
Contract	150. 209
Contempts and affronts before Courts of Justice, how punished.	288
Copyhold	125
Intailed, where good, where not,	34. 129
Granted by Disseisin, avoided by the Disseisee	71
Copyholder
Surrender of a Copyhold, cannot

surrender before admittance	128
Covenant	22. 109. 110. 146. 161. 198 200. 204
Lyeth not against an Executor of a Lessee after Assignment	137
To pay money pro terris, and no time limited
Where conditionall and Execu∣tory	196
County; where chargeable repairing Bridges.	192
Counts	25, 57
Courts
Ecclesiasticall Court ought to take notice of the Common Law	133
Costs
De incremento must be ad petitio∣nem quaerentis	209
Cui in vita	39. 13
Custome
which layes a burthen upon Parishi∣oners not good	197

D

DAy where a precise day must be alledged, where not	201
Demand	58
In the Disjunctive	23
Of a Messuage, or house how it ought to be	14, 15
Of a piece of Land	13, 14
Of a Rent at what place	58
Of a Pension	23
Demurrer
No repleader after it	42
Demise of the King to be taken notice of	23
Deodand	136
Departure	3••
Deprivation	37
By the high Commissioners for speaking contumelious words a∣gainst the Book of Common-Prayer	59
Debt	85. 98. 109. 173. 164
Where maintainable by Granter of the Reversion against the Assign for a Rent arrear	55
Where it lieth not for want of privity of contract	ibid.
Not maintainable by the Successor of a Prebend, for Rent incurred in the time of the Predecessour a∣gainst an Executor	102
Not for an escape upon a mean pro∣cess in vit. Testator.	189. 190
Devise	91. 52. 188
To charita••ble use	6. 7
Upon Trust	7
Of Gavel kind Lands	10
Of a Rent	131
Construed according to the intent of the Devisor	131. 188
Of a summe of money	133
Is an ailenation	107
Dove-cotes	142
Descent of a Copyholder doth not take away Entrie	35

E

EJectione firmae
Upon a Lease of a Copyhold	38
Lyeth not of a water course	167
Lyeth for an executor	190. 191
De Messuagio five Tenemento void	203
Election	86. 153. 95
Enfant.
Must answer by Guardian, but may bring Action by Attorney	130
Chargeable for necessarik	151
Error	24. 100. 102. 111. 109. 193. 114 130. 151. 203. 211
Where it is in the discretion of the Court to allow a Writ of
Error	132
Is. A supersedeas in it self	132
Escape	41. 85. 131
Estates
To two joyntly and severally for their lives, they are Tenants in common	52
Determined by death	86
Tail with Fee expectant	138
Where they shall passe by Live∣ry, where by Declaration of use	47. 49
Estoppel	115
Exchange	198
Execution, one in Execution dischar∣ged by word	206
Where the party taken again up∣on a fresh suit shall be again in Execution	41
Against Terrtenants	152
Executors shall take benefit of a ge∣ral pardon	142
Infant Executor may take mony

Release and give acquittance,	130
What Actions are maintainable by Error	189. 190. 191
Exemplification
not pleadable	151
Exception. 1. of Trees	194. 195.
Of profits	196
Of Woods, Copices, the soyle is is excepted	146
Exposition of Statutes
Of Stat. 23. H. 8. of charitable uses	7
Of Stat. 14. Eliz. of Leases to Col∣ledges	9
Of Stat. 13. Eliz: of 13. Eliz. of Fu∣gitives	18
Of Stat. 32. and 34. H. 8 of W••lls	89. 90
Of Stat. 27. Eliz. concerning Jesuits	93
Of 8. Eliz. cap 4.	107
Of 29. Eliz. cap. 4.	173
Of 22. H. 8. of reparation of Brid∣ges.	192
Exposition of words
Of the word (Subject)	69
Of the word (Twelvemonth)	104
Scilicet	201
Postea	291
Extinguishment of a Lease	30
Where a Term or other thing shall be extinguished as to one, and in Esse, to another	40
By unity of possession: where, and where not	166, 167, 168, 169, 170, 171

F

FAlsifying Recovery	6
Fees
For serving Executions	174, 175
Feoffments	103
Inrolled without Livery not good	8
To uses	3
Fine
Imposed by the High Commissio∣ners	60
Fines levied	62, 108. 112
How Proclamations thereupon shal enure	63
by a Disseison, where a good bar	65
not construed to other Lands, then are mentioned in the Deed, which lead the uses	105
Forfeiture	84, 105
Of a Copy-holder for not paying his Fine.
Of the Office of Leivtenant of a For∣rest	117
Formedon	112
Forrests	117. 150
Fraud
added	19
Fugitives	18
Freehold
cannot begin at a day to come	47
Franchises where forfeited by Non∣claim	181

G

GRants	86
Not voyd by addition of word
Of Ornament	57
Where Acres in a Grant shal•• be according to Statute Acres, or according to Estimation of the place	55
Of the Office of Keepership	116
Where it shall take effect by Livery, where by Jurolist	49
Grants of the King.
Where voyd	61

H

HEire Where he shall be charged, where not

152, 153

I

JMparlance
Not before a Declaration is entred	150
Imprisonment
Where justifiable	13
Indictments	107, 134, 210
taken before Coroners, Where qua∣shed	202
Upon the Statute of 8. H. 9. of for∣cible entry of copy-hold Lands	205
Inn-keepers	128 179
may detain a Horse untill he be satisfied for his meat	127
Inquisition
by the Coroner, in case of death must bee Super visum corporis

per sacramentum proborem & legatum hominum, where not hood	210
Indiciments
for stopping a Church-way, where good	206
For being a Night-walker, where good	208
If good in one part, shall not be quashed
Joy••ture
where it may be waived	88
Joynt-t••nants	••6
Just••fication	13. 161
Justices of Peace, of Gaol delivery, and Nisiprius, and their power	17
Judgm••nts	211. 212
by Nihil dicit	153
Where a Judgment reversed, with∣out Errour brought, where no••	181
Entred in the Book as a Memoran∣dum stayed by a subsequent or∣der of Court	181

L.

L••ases	99. 106. 57
Void by Acceptance	9
Where in Reversion good	9
By Tenants for life, or years, to be∣gin after his death	96
By a Copyholder upon a License	105
Where determined without entry	27. 53. 64.
Lessce for life without impeachment ••f Wast may make a Lease, excep¦ting the Trees	193
What interest he hath in them,	ib.
Lee••.	141
Libels
Where a priva••e Letter is punisha∣ble a•• a Libell	139
Legacies, not payable but upon de∣mand	104
Livery of Se••sin	103
Where words sp••ken upon the 〈◊〉〈◊〉 do amount to a Livery	47 49
Li••••se
〈◊〉〈◊〉 cou••termandable	151
〈◊〉〈◊〉 a Cop••holder to make Lea••es	150
〈◊〉〈◊〉
〈…〉〈…〉 by Bargain and Sale by word	48
Lunatick
The Action must be brought in his name	141

M.

MAgis dignum continet in se minus	35
Mayhem	115
Market Overt
Where the Sale shall be good, where not	48
In a Scriviners Shop of Plate void	84
What kind of Sale alters the pro∣perty	84
Monstrans of Deeds	113
Melius Inquirendum
Where it shall issue, where not, and what to be found upon it	54 55
Misnosme	151
In Grains	57
Of a Corporation	58

N.

NOtice	37. 151.
Of a condition of payment, where to be given	12
Taken strongly against the Party	12
Of one Sheriff to another Sheriff of the persons in Execution	85. 86
Where requisite	136. 164
Nusance	166
Errecting a Dove-coat by a Free∣holder no Nusance	141

O.

OBligation 165. discharged by the act of God, 98 not to be avoi∣ded by the act of the Obligor himself	40
To the use of a Feme Covert shall go to her Administrator, not to the Husband	106
One forfeited, revived, and good	16
Office and Officers
Where an Office is void, Ipso facto	28
Forfeited, and by what act	117
Of his own wrong	149
Office Trove	25, 26
Where Lands shall be in the King without Office	19
Relates	20
helps the King to the meane profits	30

Countervailes an Entry: And where no entry is requisite in case of a common person There needs no Office found for the King	53
Where an Estate shall be devested out of the King, without Of∣fice	63
Where not 64. without Returne, or Monstrans de droit	64
Oyer
Where of a condition, where not	202

P.

PAtents	16
Where the Patentee shall take advantage of a condition, to avoid a Lease	27
Void for the generality, in the Grant	61
Void notwithstanding the words Ex certa sciaentia	61
Perjury, where not punishable	144
Pleadings	28. 42. 101. 109. 152. 150. 160. 163. 206.
Void because double Plea.	113. 114
Nul tiel in rerum natura, no Plea in appeal of Mayhem	115
Perpetuities 97. not tollerable	80
Plenarty, by Induction of a Lay-man 37. Binds not the King	133
Proviso, How to be construed	27
For a Limitation	53. 117. 118, 119
Where repugnant and void	87
Possessio fratris	35
Principall & Accessare	107
Prisoners, Must be delivered over at the Gaol	85. 86
Presentation	132
Proofs: What Proofs are to be allow∣ed in the Ecclesiasticall Court	59
Priviledges
Grant by the Pope not allowable	157
Prescription	169
For Common for Vicinage, good	101
Difference betwixt it and Custome, and how to be taxed	201
••roperty	38
What kind of Sale alters the pro∣perty	84
••rohibition	59. 126. 159. 197
For a Seat in the Church	140
Severall Prohibitions in one Cause	156
Prerogative	26

Q.

QƲi•• juris clamat	63
〈◊〉〈◊〉 warrant••	150. 180
Quare Impedit, by an Execu∣tor for a disturbance in vite Testator.	189. 190, 191

R.

RAvishment of Ward by an Exe∣cutor	190. 191
Recovery	6. 5
Relea••es	28. 132
Ex••cuted, where avoided by Provi∣so	16
Of all demands will discha••ge a rest in ••uturo	136
Relation	12
Of a Ba••l	132
Of Entry of Judgement	132
Return of the Sheriff of a Capias, up∣on a day not Dies faci. good	205
Request	160. 211. 212
Upon payment, upon a Contract, is not necessary	211. 212
Remainder	97
in Fee not good upon a Lease for years	4. 82
Must take effect when the particu∣lar Estate determines for life wi••hout impeachment of Wast, whether he may cut Trees du∣••ing the life of Tenant for life,	196. 74
Rents
Rent and Pension all one in a De∣mand in a ••ecovery	23
Where the Executor shall have the rent upon a Lease of the W••ves land	145
Restitution
Of an Alderman to his place	134
Of one put out of his Office	176
Reservat••on	145, 195.
how construed	17
Revivor	167

S.

SAving•• in an Act of Pa••liament how construed	17
Scire 〈◊〉〈◊〉
L••es ••••t against the Bail till a Capi∣a•• be awarded of the Principall,	186
Seals	161
Scandalum Magnatum	66

Sheriffs: O••e Sheriff must deliver o∣ver the Prisoners, to the other by Inde••ture	85. 86
Surplusage
shall not abate a Writ	24
Surrender	9. 31. 84. 110. 125 129
Of the Husband of the land of the Wife, no discontinuance	38 39
Of an Infant Copyholder void	39
Of an Alderman of his place	134
Of Tenant for life in remainder good without Deed	137 138

T.

TAles
where awarded of Aliens	36
Tender
where not good to avoid a con∣dition	20
Title
where must be made	1, 2
Trusts, not abridged	8
Their difference from Uses	77
Traverse	1. 101. 103.
not necessary where there are two Affirmatives, but where they do not agree	67
Traverse upon a Traverse	101
Circumstances not traversable	161
Treason	122
Triall
Of the same person, upon another Indictment, after Attainder up∣on a former Indictment	107
Transporting Corn	149
Trespasse	161
Where Vi & armis, e contr.	192
Tithes	140
Where discharged by Prescription, or Priviledge	156
De animalibus inutilibus & anima∣libus utrilibus, and the difference	197
Of Sheep and their pasturing wool, &c.	157

Ʋ.

VErdict 19 void	202
Found for th•• De••endants, be∣cause no 〈…〉〈…〉 ••••tred for one of them	145
Volenti non fit injuria	9
Use and Uses
What a Use is	71
How to be construed	3
Not to be abridged	8
Void up••n a tender	18
Raised by word upon a good consi∣deration, where good, where not	47, 49
Rai••ed upon Contracts	48
Considerations to raise Uses	48 49
A bare Covenant writing without consideration, will not raise an Use	50
What persons cannot stand seised to Uses	72
Uses contingent not executed by the Statute of 27. H. 8.	72
U••es contingent destroyed by a Feoff∣ment	72
Uses grounded upon fraud	77
Use cannot r••••e out of a U••e	81
Uses in contingency barred by a Re∣lease of the Feoffees	83
Use upon a Bargain and Sale for years passeth without inrolement of the Deed	38
Use amerced upon a Fine upon render without a Deed	105

W.

WAger of Law	127
Words
Where the King shall have a third part of the Land of the Ward, and of other land setled upon a marriage	54
Wast	24. 25 47
Damages in Wast	24
Warrants
When a Warrant is returned upon Record, in case of the King, it is as strong as an Office found	20. 28, 29
Warranty
doth bind an Infant, if his Entry is not lawfull	71
cannot enlarge an Estate	138
Wills	152
Words, which make a condition in Wills	8
Writ
of enquiry of damages	24
Where not abated	24
Originall shall be taken as they are written	101

FINIS.