Selected quad for the lemma: king_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	duke_n	earl_n	son_n	38,738	5	5.4501	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29656	Some new cases of the years and time of King Hen. 8. Edw. 6. and Qu: Mary; written out of the great abridgement, composed by Sir Robert Brook, Knight, &c. There dispersed in the titles, but here collected under years. And now translated into English by John March of Grays-Inn, Barrister. All which said cases are hy [sic]the translator methodised, and reduced alphabetically under their proper heads and titles. With an exact table of the principall matter contained therein.; Graunde abridgement. Selections. French (Law French)	Brooke, Robert, Sir, d. 1558.; March, John, 1612-1657.; Fitzherbert, Anthony, Sir, 1470-1538.	1651 (1651)	Wing B4898; ESTC R213260	142,103	327

primer sesin of the third part by vertue of that clause in the Stat Saving to the King Ward Primer sesin Livery and the like by which it appears that the intent of the act is that the King shall have as much as if the Tenant had made a will and had dyed seized yet by all after that the King is served of his duty of it the gift is good to the Donee against the Heir 2 E 6. B Testament 24. Note that 't was adjudged betwixt Vmpton and Hyde that the explanation of the Statute of Wills is not to take effect only from the time of the explanation but the first Stat which is explaned shall be so taken ab initio So that the Wills of Vmpton Gainesford and others which are excepted in the explanation shall be taken good by the Stat of 32 H 8. of Wills which was explaned 4 M 1. B Testament 26. Testmoignes Witnesses The age of Witnesses in an Aetate probanda is 42 years Lecture B Testmoignes 30. the end Titles Note that a man shall make a good title in an Assize to say that I N was seized in Fee to the use of T P which T P infeoffed the Plaintiff who was seized and disseized c. without shewing what person made the Feoffment to the use of T P or how the use commenced 36 H 8. B Titles 61. Travers of Office 'T is said for Law that none can traverse except he makes title to the same land in the premisses or close of his traverse 22 H 8. B Traverse d' Office 48. 'T was found that I S dyed seized by which W S his son comes and saith that the said I S in his life was seized in Fee and infeoffed A B in Fee to the use of the said I S and his Heirs and dyed and after by the Stat of uses 27 H 8. he was seized in possession without that that I S his father dyed seized pro ut c. and a good traverse And a Termor cannot traverse an Office by the Common-Law except it were found in the Office and then he might have a monstrans de droit and ouster L'main the King 29 H 8. B Travers d' Office 50. Where a man shall have a Petition where traverse See Tit Petition Where the King hath no other title but by false Office there the party who can make title may traverse as well against the King as against the party if the King had granted it over but now this is helpt by Stat 33 H 8. B Travers d' office 51. the end Where a Tenure is found of the King ut de Ducat suo Lancastrie which in truth is false yet this need not to be traversed for the King hath this Duchy as Duke not as King and a man shall not be put to traverse but where the Office is found for the King ut pro rege Angliae for then he hath a prerogative and as Duke none 1 E 6. B Travers d' Office 53. Non-suit or relinquishing of a traverse is peremptory contra of Non-suit in a Petition and the Judgement of traverse is no other sed quod manus domini Regis amoneantur et quod possessio restituatur to him that traversed Lecture B Travorse d' Office 54. Travers by c. What thing shall be traversable what not See Tit Issues joynes Action for making false clothes in Bartholomew-Fair contrary to the Stat The other saith that he made them well and truly at D in the County of F without that that he made them in Bartholomew-Fair in L pro ut c. and a good Plea 35 H 8. B Travers by c. 368. If in Assize the Tenant Pleads that his Father was seized in Fee and dyed by Protestation seized 'T is said that the Plaintiff may make title by a stranger without that that the father of the Tenant was seized in Fee c. 38 H 8. B Travers by c. 26. the end Information in the Chequer the Defendant Pleads a Plea and traverses a materiall point in the information upon which they are at issue there the King cannot waive this issue as he may in other cases where the King alone is party without an Informor ut supra by the Kings Attorney and ●thers learned in the Law 38 H 8. B Travers by c. 369. Tender not traversable in a Writ of ●ntrusion maritagio non satisfac for the single value See Tit Forfeiture of marriage Trespas The Defendant said that I N was seized in Fee and leased to him for twenty one years and gave colour the Plaintiff said that his father was seized and dyed seized c. and ●he entred and was seized untill the Trespas absque hoc quod dictus J N aliquid habuit tempore dimissionis and a bad traverse but he shall say without that that I N was seized in Fee modo forma pro ut c. in Communebanco 4 E 6. B Travers per 372. Assize The Tenant makes a barr by a Stranger and gives colour the Plaintiff makes title by the same person by which the Defendant made his barr s that I S was seized and gave in tayl to his father who infeoffed W N who infeoffed the Tenant upon whom A B entred and infeoffed the grandfather of the Plaintiff whose Heir he is in Fee who dyed seized and the Land discended to the Plaintiff so he was in in his Remitter until by the Defendant disseized And in truth A B never entred nor never infeoffed the Grandfather and yet 't was held cleerly that the Tenant in his barr to the title cannot traverse the Feoffment of A B but ought to traverse the dying seized of the grand-father of the Plaintiff which remitted him for this binds the entry of the Tenant and is the most notable thing in the title 4 E 6. B Travers per 154. Trespas The Defendant said that I was seized and infeoffed him and gave colour The Plaintiff may say that H was seized and leased to I at will who gave to the Defendant and R re-entered and infeoffed the Plaintiff he ought to say without that that I was seized in Fee modo forma pro ut c. Time E 6. B Travers per 217. the end Place not traversable See Tit Attaint Treason A Chaplaine had affixed an ancient seale to a Patent of non-residenee made by himselfe of the part of the King and was imprisoned in the Fleet for it And 't was holden misprision and no Treason by the Justices and he escaped and was not put to death for 't was said That because he did not counterfeit the Kings seale but tooke an ancient seale this is not Treason 37 H 8. B Treason 3. the end 5. Note that in January this yeere H Howard Earle of Surrey sonne and Heir apparent of Thomas Duke of Norfolke was attainted of high Treason for joyning the Armes

the arrearages for they are reall and parcell of the rent or annuity But if the Judgment be of arrearages and dammages there he shall have his age B. age 50. And where he recovers in a Writ of annuity or assise as before Or hath avowed for a Rent which is Freehold and recovers the arrearages without costs and damages he shall not have an action of Debt of that but a Scire facias for t is real But where he hath Judgement of it with costs and dammages which go together so that that t is mixt with the personality then lies a Writ of Debt against the Heir of the arrearages and dammages and this B. thinks in default of Execution per curiam 23. H. 8. B. Debt 212. age 50. Note That of the Land of the Duchy of Lancaster and other Lands which the King hath as Duke or the like his age is material and he may have his age as another common person may for he hath them as Duke not as King B. Age 52. 78. As if the King alien Land parcel of his Dutchy of Lancaster within age there he may avoid it for Non-age for the reason aforesaid otherwise of Land which he hath as King for the King cannot be disabled by Non-age as a common person shall B. Prerogative 132. Yet by the Statute of 1. E. 4. which is a private act not printed but inrolled in the Dutchy Chamber by which King H. 6. was attainted of Treason and that all the Lands of the said Dutchy should be forfeited and should be a Dutchy separated and incorporated c. t is annexed to the Crown but by another private act 1. H. 7. t is disannexed and made as in the time of H. 4. 1. E. 6. B. Age. 52. Note t was in a manner granted by all the Justices in the Common Bench That if a Parson Prebend or the like be within age of 21 years and makes a Lease of his Benefice within age that yet this shall binde him for where he is admitted by the Law of holy Church to take it within age so the Common Law inables him to Demise his Benefice within age 4. Mar. 1. B. Age. 80. Alienations If the Tenant of the King alien in Fee without licence and die his Heir within age the King shall not have the Ward because that nothing is discended to him and that the Alienation is good save the Trespass to the King which is but a Fine by Seiser B. Alienations 29. Gard 85. But otherwise if the Alienor were Tenant in Tail and if the Alienation without licence be found by office the King shall have the Issues of the Land from the time of the Inquisition taken and not before B. Alienations 26. in medio But where the Tenant dies and his Heir enters upon an office found for the King of the dying seised of the Ancestor there the heir shall answer the profits taken by him before 26. H. 8. B. Intrusion 18. the end T is said for Law That a fine for alienation is one years value of the land aliened and the same Law of a Fine for intrusion upon the King But the Fine to have licence to alien is but the third part of the yearly value of the land which shall be aliened and for licence to alien in Mortmain the Fine is the value of the Land for three years 31. H. 8. B. Alienations 29. the end If a man obtain licence to alien the Mannor of D. and all his Lands Tenements in D. he cannot alien by Fine for the Fine shall be certain so many acres of Land so many of Meddow so many of Pasture and the like and the alienation ought not to vary from the Licence Yet by B. t is otherwise used with an averment that all is one 32. H. 8. B. Alienations 30. Note if there be two Joynt-tenants who hold of the King in Capite and one releases to the other all his right this is no alienetion nor doth he need Licence or pardon of it for he to whom the Release is made is in by the first feoffor and not by him that Released nor shall he Fine for such release and so t is used in the Chequer that t is no alienation But if three Joynt tenants are and the one Releases to one of the others there he is in of it by him that releases Contra if he had released to all his compagnions and where a man Releases by Fine to the Tenant of the King this is no alienation Otherwise of a Fine Sur Conusans de droit Com ceo c. for this is an estate made by Conclusion 37. H. 8. B. Alienations 31. Tenant of the King in Capite cannot alien for term of life without Licence for it alters the Freehold Time H. 8. B. alienations 22. the end Note That for Burgage Tenure of the King a man may alien without licence well enough 6. E. 6. B. Alienations 36. Note That a Devise by Testament was taken to be an alienation 3. Mar. 1. B. alienations 37. Alien See Tit. Denizen Note by the whole Court in the Kings Bench an alien may bring an action personal and shall be answered without being disabled because he is an alien born otherwise in an action real and the same B. seems in an action mixt and he may have a property and buy and sell. 38. H. 8. B. Denizen 10. Nonability 40. T was said in the Kings Bench That to say that the Plaintiff is an alien born Judgement if he shall be answered is no plea in an action personal otherwise in an action real Yet this hath been in question after this time in the same Court and t was said that an alien born is no plea in Trespass if he doth not say further That the Plaintiff is of allegiance of one such a one enemy to the King for t is no plea in an action personal against an alien that he is of the allegiance of such a Prince which is of amity with the King 1. E. 6. B. Nonability 62. If an alien born purchase the King shall have it but the purchase ought to be found by office and so t was in the case of Alien King and B. seems that an information in the Chequer will not serve in this case Time E. 6. B. Denizen 17. the end T was said in Parliament That if an alien born obtain a Lease for years that the King shall have it for he cannot have Land in this Realm of no estate 4. Mar. 1. B. Denizen 22. Amendment By Fitzherbert and the Court where a Writ of Error was sued to remove a Record out of the Common Bench into the Kings Bench betwixt an Abbot and I. N. the Warrant of Attorney varied in the Roll in the name of the Abbot and t was amended after Judgement and if they had not amended it they said that those of the

plena curia Contrary if he doth it out of Court without such authority Yet the high Steward may demise customary land by copy out of Court by some Quaere thereof by B. if he hath not a special authority from the Lord to demise 2. E. 6. B. Court baron 22. Tenant by copie 26. Customs Information in the Exchequer against a Merchant for lading Wine in a strange Ship the Defendant pleads the licence of the King made to I. S. to do it which I. S. had granted his authority thereof to the Defendant quod habetur consuetudo inter mercatores per totam Angliam that one may assigne such a licence over to another and that the assignee shall enjoy it c. to which t was demurred in law and t was agreed for law That a man cannot prescribe a custom per totam Angliam for if it be per totam Angliam this is the Common law and not a Custom contrary if the custom had been pleaded to be in such a City or County as Gavelkinde Borrow-English Glocest. Fee and the like 35. H. 8. B. Customes 59. Dammages NOte in Trespass local That upon an inquest of Office to enquire of Dammages the Court may abridge or increase them But otherwise upon the Principall S. upon issue tryed betwixt party and party but there it may encrease costs For the party is at his attaint but upon an inquest of Office he cannot have an attaint 34. H. 8. B. dammages 144. See Tit. costs Default If a woman be received in default of her Husband and after shee makes default judgement shall be given upon default of the husband and no mention shall be made of the receit Time H. 8. B. default 85. Demurrer Inquisition found that I. S. held certain land of the King ut de honor suo Gloucester which is not in Capite upon which proces issued against W. S. who had intruded c. and to sue Livery and because that this Tenure is not in capite and therefore Livery not due the party demurred upon the record for t is no cause of Livery And where a man declares upon a Statute and recites it otherwise then t is or pleads it otherwise then t is the other may demur upon it for no such Law if it be misrecited 32. H. 8. B. Demurrer in Law 25. Denizen See Tit. Alien Note for Law That where an Alien born comes into England and brings his son with who was born beyond Sea and is an Alien as his Father is there the King by his Letters pattents cannot make the son Heir to his Father nor to any other for he cannot alter his law by his letters Pattents nor otherwise but by Parliament for he cannot disinherit the right heir nor disappoint the Lord of his escheat and the son of an Alien which son is born in England he is English and not an Alien 36. H. 8. B. Denizen 9. Deputie T is said that a Deputation of an Office which lies in grant ought to be by Deed and not by word 28. H. 8. B. Deputy 17. Detinue By Shelley and others if a man meddle with goods as by trover of them he shall be thereof charged though that he deliver them over before action brought 32. H. 8. B. Detinue de biens 1. The end Debt Where Debt lies and where a Scire facias See Tit. Age. Debt upon Indentures of Covenants where the Defendant had Covenanted to do many things and the Plaintiff the like to do many other things ad quas quidem conventiones per implendam uterque obligatur alteri in one hundred pound and the one breaks Covenant by which the other brings Debt and the Defendant pleads payment of ten pound to D. which was all to which he was bound judgement if action and no plea per curiam because he did not shew thereof a Deed where the Plaintiff declared upon the Indenture which is a Deed And yet otherwise in pleading of payment of Rent reserved upon a Lease for years made by Indentures For there he may levy it by distress and therefore an averment may come in ure But otherwise where all rises by specialty where it lies in payment 25. H. 8. B. Debt 173. Debt upon an obligation with Condition where the condition is not broken by which he is barred he shall never sue this obligation again for once barred est pro imperpetuo 29. H. 8. B. Debt 174. Administrator of a Lord brings an action of Debt for relief which fell tempore intestati and the Defendant pleaded in Bar and traversed the Tenure and so at issue And therefore B. seems that the action lies clearly for him for the Defend did not demur so if it be brought by an Executor of the Lord for relief due to the Testitor Rot. 5●9 in the Common Bench. 32. H. 8. B. debt 193. Relief 11. the ends Devise Not that a Fem Covert with assent and will of her husband may make her Testament and devise the goods of her Husband yet if the Husband prohibit the probat of the Testament of the Wife after her death then all is void For the husband may countermand it B. devise 34. the end Testament 21. the end And a Devise by the husband to his Wife is good though they are one and the same person in the Law for the devise takes not effect till after the death of the husband and then they are not one person 24. H. 8. B Devise 34 T was agreed by all that if a man wills that I. S. shall have in his Land in date after the death of his Wife and dies now the wife of the Devisor by these words shall have the Land for her life by reason of the intent of the Will 29. H. 8. B devise 48. Note That in London a man may Devise by Testament to a common person though the Testament be not enrolled but if he Devises in Mortmain he ought to be a Citizen and a Freeman resident and the Testament o●ght to be enrolled at the next Hustings 30. H. 8. B. devise 28. A man Devises to two heredibus eorum and dies and after one of the Devisees dies and the other survives he shall not have the intire by Survivor but onely a moytie for this was the intent of the Devisor by Audley Chancellor of England B. devise 29. and by B. there the end If one devise to another in feodo simplic● the devisee hath a Fee simple 30. H. 8. A man wills that his land Devisable shall be sold by his Executors and makes four Executors and dies all the Executors ought to sell for the trust is put joyntly in them Quaere for B. seems That if one or two die that the three or two which survive may sell for there is the plural number Executors and death is the act of God B. Devise 31. and by him where

makes a Feoffment before the Statute of execution of Uses to the use of himself for term of his life the remainder to W. in Taile the Remainder to the right Heires of the Feoffor the Feoffor dyes and W. dyes without issue the right Heir of the Feoffor within Age he shall be in Ward for the Fee discended for the use of the Fee-simple was never out of the Feoffor And the same Law where a man gives in Taile the Remainder to the right Heires of the Donor the Fee is not out of him Otherwise where a man makes a Feoffment in Fee upon condition to re-infeoffe him and the Feoffee gives to the Feoffor for life the Remainder over in Taile the Remainder to the right Heirs of the Feoffor for there the Fee and the use of it was out of the Feoffor therefore he hath there a remainder and not a reversion 32. H. 8. B. Garde 93. Where a man holds certain land of the King in Soccage in Capite the King shall not have livery of more then the Soccage land The same where he holds of the King in Knights service and not in Capite the King shall not have more in ward but onely that which is holden of him immediately 32. H. 8. B. Garde 97. Note by all the Justices of England that a Lord in Knights service by nonage of the Heir shall not ouste the grantee of Wreck or de proxima presentatione nor the termors which are in by the father of the Heirs B Grants 85. Garde 66. Lease 31. in finibus So of a Lease for term of life 35. H. 8. B. Garde 61 the end A man dyes seised of lands holden in Knights service his brother and Heir within age the Lords seises the ward the wife of the Tenant privily with childe with a son and after the wife is delivered the brother is out of ward But if the Infant dye the brother yet within age there the brother shall be in ward again And the same Law where a daughter is heire and after a son is born the daughter is out of ward And if the son dies without issue the daughter within age she shall be in ward again so see that one and the same person may be twice in ward by two several ancestors But where the Lord seises the son for ward for land to him descended from his Father and grants the marriage of him to another and after other land holden in Knights service holden of the same Lord descends to the same son from his mother there B. seems that the Lord shall not have the ward again because he had him and granted his marriage before and the body is an intire thing 35. H. 8. B. Garde 119. 'T is granted by all the Justices that the King shal not ouste the termor of his tenant because he hath the heir of his tenant in ward by office found for him nor execution upon a Statute Merchant made against his tenant nor a rent charge granted by his tenant nor a grant de prox presentatione of an Advouson Time H. 8. B. Garde 44. If the son and heire of the Kings tenant or of another Lord be made a Knight in the life of his Father and after the Father dies the heir shall be in ward for otherwise the Ancestor may procure his son within age to be made a Knight by collusion to the intent to defraud the Lord of Ward which shal not be suffered And so it fell out of the Lord Anth. Brown of Surrey who was made Knight in the time of his Father who died the son within age and t was holden he should be in ward notwithstanding he was a Knight wherefore he agreed with the King for his marriage Otherwise B. seemes where hee is in ward and is made Knight in ward this shall put him out of ward and by him the Stat. which is Postquam haeres fuerit in custodiam cum ad aetatem pervenerit S. 21 annorum habeat hereditat suam sine relevio sine Fine Ita tamen quod si ipse dum infra aetatem fuerit fiat miles nihilominus terra sua remaneat in custodia dominorum usque ad terminum supradict is intended where he is made Knight within age being in ward after the death of the Ancestor and not where he is made Knight in the life of the Ancestor 2. E. 6. B. Garde 42. 72. 'T was agreed for Law in the Common Bench that if the Lord hath not been seized of homage within time of memory but hath been seised of rent it suffices to have a Writ of Ward and to count that he died in his homage for there is seisin of something though it bee not of the intire services And for this cause and also for that the seizin is not traversable but the Tenure therefore the action lies without Seisin of the Homage 6. E. 6. B. Garde 122. the end T was holden by the Justices of both benches That where a man holds by Rent and Knights Service and the Lord and his ancestors have been alwaies seised of the Rent but not of the homage escuage nor of Ward yet if a Ward fall he shall have the ward of the heir for the seisin of the Rent suffices to be seised of the Tenure as to this purpose Yet otherwise B. seems to make avowry 7. E. 6. B. Avowry 96. the end Garde 69. Where a use vests in the heir as heir of his Father where the Father was dead before Whether the heir shall be in ward or not Quaere See Tit. Feoffments to uses 3. M. 1. Note that t was declared by the Doctors of the Civil Law That where an heir or other is married infra annos nubiles and after disassents at the age of discretion or after before assent to the Marriage that this suffices and the party may marry to another without divorce or witnessing of it before the Ordinary but the Ordinary may punish it per arbitrium judicis but the second espousals is good as wel by the Law of the Kingdom as by the Law of the Church 5. M. 1. B. Garde 124. Ward and marriage is by the Common Law and the Father shall have the Ward of his son or daughter and heir apparent before the King or other Lord and Soccage Tenure by 20 years and Knight service after B. Garde 120. the end If an estate be made to many and the heirs of one of them and he which hath the Fee dies his heir within age he shall be in Ward by the Statute of Wills notwithstanding the others survive which are Tenants by the Common Law Casus B. Garde 100. Garranties Warranties If the husband wife alien land of which she is dowable there to have collateral warranty t is good to have the Warranty of the Wife against her and her heirs and then if she hath issue by the husband and she and the

●●●nviction without abjuration Other●●e if he will abjure for then he shall 〈◊〉 be burnt the first time but upon re●●se he shall be burnt 2. M. 1. B. ●eresie Homage See Tit. Fealty Ideot BRent of the County of S●●merset who was presen●●ed for an Ideot cou●● write Letters and Acqui●tances and the like an● therefore was adjudge● an Unthrift but no Ideot Time E. Ideot 4. the end Imprisonment 'T was determined in Parliament th● Imprisonment almost in all cases is but retain the offender till he hath made Fine and therefore if he offers his Fi●● he ought to be delivered presently 〈◊〉 the King cannot retain him in prison af●●● the Fine tendered 2 M. 1. B. Imp●●sonment 100 the end Incident Court-Baron is incident to a Man●● and Court of Pipowders to a Fayr a● 't was sed arguendo that therefore Lord of the Mannor or Fayr cannot gr●● over the Court-Baron nor the Court Pipowders or if they grant the M●● ●●or with the Fayr they cannot reserve ●●ch Courts for they are incident c. 9 H. 8. B. Incidents 34. 'T was said that if a Seigniory rests in ●omage Fealty and Rent and a man ●●covers the Rent by this is the Homage ●●covered for a Precipe lies not of it ●ime H. 8. B. Incidents 24. the ●●id Indictments An Indictment of Death ought to com●rehend the day of the stroke and day of 〈◊〉 death and the same Law of Poy●ning so that it may be known if he ●●ed of the same stroke or not 24 H. 8. ● Indictments 41. By Fitz Just. a Justice of Record may 〈◊〉 indicted of taking of money and other ●●ch falsity but not of that which goes in ●●lsifying or defeating of the Record as 〈◊〉 say that he altered the Record from ●respass into Felony and the like which ●●lsifies the Record Casus B. Indict●ent 50. the end Intrusion Tenant in Tayl of Lands holden of 〈◊〉 King aliens without license which found by Office the King shall have 〈◊〉 Issues of the Land à tempore inquisiti●●nis capt and not before B. Alienat●ons 26. in medio But where the t●●nant dies and his● heir enters upon Off●●● found for the King of the dying seised the ancestor there the heir shall answ●● the profits taken by him before 26 H. B. Intrusion 18. the end Note where 't is found by Office th● I. N. tenant of the King was seized a● died seized and that W. his heir intrude● and after by Act of Parliament the Ki●● pardons all Intrusions in this case the e●try and the offence is pardoned but not 〈◊〉 issues and profits for the escheat or sh●● be charged of this by way of accou●● whether he hath received them or not 〈◊〉 when the office is of Record he ought receive them except where 't is found the Office that such a man took the pro●● thereof But where the King pardo● where no Office is found the heir is ●●●charged as well of the issues and prof●● and also of Livery as of Intrusion by r●●r●●son of the pardon for by this is p●●doned And there though the Office comes after which findes the intrusion of the heir yet all is gone by the Pardon and this shall serve because all was pardoned before to which the King was intitled of Record 33 H. 8. B. Charters de pardon 71. Intrusion 21. Issues returns 22. Office shall have relation to the death of the ancestor as to Land descended to the heir of the Kings tenant and as to intrusion B. Relation 18. the end Otherwise as to alienation made by the Kings tenant without License this shall not relate before the finding of it B. Relation 18. Intrusion 19. And such entry by purchase is not called Intrusion but a Trespass and so are the words of the pardon thereof quod pardonamus transgression ' praedict c. 33. H. 8. B. Intrusion 19. Joyntenants If a Lease be made to three of Land at Common Law for term of life or for yeers habendum successivè yet this is a ●oynt estate and they shall hold in Joynture and successivè is void But where the custom of Copie-holds is that this word successive shall hold place this is good there by the custom 30 H. 8. B. Joyntenants 53. Leases 54. If a man inf●offs two upon condition that they shall infeoff W. N. before Michael ' and the one dies the other sole makes the Feoffment this is good The same Law if two lease Land rendring rent and that if it bearrear by two months and lawfully demanded by the said Lessors that they may re-enter the one dies and the other that survives demands it and 't is not paid he may re-enter And the same Law if the Lease were made to two with words that if it be arrear and demanded of them two c. and the one dies and the Lessor demanded it of the other that survived and he doth not pay this is a good demand and the Lessor may re-enter 33 H. 8. B. Joyntenants 62. Journeys accounts Grantee of a next presentation brings a Q. impedit and dies after the six months past and his Executors bring another Q. impedit by Journeys accounts and by the Justices it will not lie See Tit. Q. impedit Judgement A man recovers by default against an ●●fants and the Infant brings a Writ of ●●rour and reverses it for his non-age ●therwise if he had appeared and lost 〈◊〉 plea or by voucher he shall not re●●rse it for non-age B. 6 H. 8. Saver de fault 50. If I have Title by Formedon or cui vita and enter and the other recovers ●gainst me I am remitted to my first acti●● But if a man recovers against me by ●●lse Title by Action tried where I was by good Title I shall then have Error 〈◊〉 Attaint or a Writ of Right 23 H. 8. ● Judgement 111. Assise in Com. B. the tenant pleads in ●●ar a recovery by Assise by him against 〈◊〉 Plaintiff of the same Tenements in ●om O. and this now Plaintiff then ●●nant pleaded in Bar by release of the ●ncestor of the Plaintiff with Warran●● which was void by non-age and ●his found for the Plaintiff by which he ●ecovered against this Plaintiff judgement si where he accepts the Land to be in the Country of O. now he shall be received to say that it lies in the County 〈◊〉 B. And 't was said in the Common Bench● that though this Land were then put 〈◊〉 vJew the Plaintiff shall not be bound 〈◊〉 the recovery for it cannot be intended one and the same Land 25 H. 8. ● Judgement 62. Assize of Land in N. the Defendan●● said that once before he brought an assiz● of the same Land in H. against the sam● Plaintiff and these Lands put in vJew and this now Plaintiff then took the ●●nancie and pleaded in Bar and said th● H. and N. are one and the same Ville an known by the one name and the