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Grants. See Abeiance, Annuity, Assignment, Confirmation, Deed, Estates, Habendum, Intention of the Parties, Name, Parson, Possibility, Rents. The description of a grant, 172. a. What things properly lie in grant, and what in livery, 9. b. 48. a. 85. a. 332. a. 335. b.

What things are grantable over, and what not, 89. a. 214. a. 232. b. 266. a.

Where a thing in suspense may be granted over, and where not, 314. a.

Where grants shall receive construction according to the substance of the deed, and not according to grammatical sense, 146. b.

Where the construction of grants ought to ensue the intention of the parties, 313. a. b. Where the words of a grant shall be transposed in construction contrary to their order, 217. b. Where a grant being impossible to take effect according to the letter, the law shall make such construction as by possibility may take effect, 183. b.

Where a grant shall amount to a release, confirmation, surrender, &c. and where not, 301. b. 302. a. 307. a. 313. a. b.

Where by the grant of a manor without (cum pertinentiis), a thing regardant and appendant will pass, 307. a.

What shall pass by the grant of the services of tenant in tail, and what not, 150. b. 152. a. Where a grant of a corody to two men and their heirs shall amount in law to several grants, 189. a.

Where two tenants in common join in the grant of a rent-charge, it shall enure as several grants, 197. a. 267. b.

Where by the grant of a reversion, rents and services shall pass, 151. b. 152. a. 317. a. 324. a. b. By the grant of (hereditaments) what shall pass, 6. a. 16. a. 383. a. b.

Where by the grant of land a reversion shall pass, 324. b.

Where tenant in tail grants totum statum, what shall pass, 331. a.

A man grants proximam advocat. to one, and before the church void, grants proximam advocat. to another, the second grant is void, 378. b. A man grants 3 præsentationem, and dies, his wife shall have the three, and the grantee the 4th, 379. a.

A grant shall not enure contrary to the express words of it, 313. a.

When it shall enure by way of extinguishment, 307.b.

Grant of the king, how tested, 7. passim.

What grava is, 4. b.

Grava.

Guardian. See Admeasurement, Dower, Marriage, Socage, Wardship, Waste.

The several sorts of guardians, 85. a. Who shall be guardian of inheritances which lie not in tenure during the minority of the heir, 87. b.

To what purposes the guardian shall be said pos

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sessed of his ward before entry or seisure, and to what not, 38.a. b.

How many kinds of guardians, 87. b.

When the father, and not the lord, shall be guardian, 84. a. 88. passim.

Guardian by tenure, what he might, and what he might not do, 75. b. per tot. pag. 79. passim. in chivalry, what profit he had, 81. and

82. passim. Who shall be guardian in socage, and why, 87. and 88.passim.

Guardian in socage, how long he shall be so, 87. and 89. passim.

in socage, when and in what manner he shall account, 89. passim. Guardianship of tenant by chivalry and tenant by socage, to whom they go on the guardian's death, 90. passim.

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The office and force of the habendum in a deed, 183. a.

Where it shall be said repugnant in the grant of an estate tail, and where not, 21. a, Where one named after the habendum shall take by

the gift, and where not, 7. a. 21. a. 26. b. 378. b. Where the several limitations in the habendum shall destroy the joint implication of the premises, 183. b. 190. b.

Where an habendum may enlarge the premises, but cannot abridge them, 299. a. It may sever a joint estate, 184. a.

Haga.

The meaning of it, 5. b. 56. b.

Haugh and Hough.

What they mean, 5. b.

Heir. See Annuity, Appeal, Attainder, Chattels, Corruption of Blood, Discent, Entry, Reservation, Voucher, Warranty, Waste.

The etymology and legal acceptation of the word (heir), 7. b.237. b.

What issue and person may be an heir, and what not, 7. b. 8. a.

Hæres apparens, guis, 8. a.

Hares astrarius, quis, 8. b.

Where and what chattels the heir shall have after the death of his ancestor, and what not, 8. a. 18. b. 185. b.

Where the words (heirs) shall be necessary to the creation of an estate of inheritance, and where not, 8. b. 9. b. 10. a. 20. a. 21. b. 22. a. 47. a. 193. b. 322. b. 385. b.

Where the word heirs shall be good of itself, and where not without the conjunction of the word, (his), 8. b.

The extent and latitude of the word (heirs), 9. a. Heirs

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Heirs a good name of purchase, 26. b.

Who shall be said the next heir to take by purchase, and who take by discent, 10. b. Where the heir to take by purchase ought to be a compleat right heir in judgment of law, 24. b. 26. b. 164. a.

Where the ancestor may make his right heir a purchaser, and where not, 22. b.

Where a remainder is limited to the right heirs of a particular tenant, the fee simple shall be said to vest in him presently, and where not, 22. b. 319. b. 376. b.

Where the heir conveying by discent ought to make himself heir to him which was last seised, 11. b. 15. a. 239. b.

Where by the birth of an heir more near, the discent to another shall be defeated, 11. b. Where the heir of the part of the father shall inherit before the heir of the part of the mother, & è converso, 12. a. and b. 13. a. The difference between an heir in the civil law, and an heir at the common law, 237. b. Where the sons of an alien born within the ligeance of the king shall not be heirs either to other. The same of the sons of a person attainted; secus if born before the attainder, 8. a.

Where and what attainder shall disable the party attainted to inherit, or to have heir, and where and what not, 8. a.

Where the heir shall not be bound by the obliga

tion or warranty of his ancestor without naming, 209.a. 383. b. 384. b. 386. a.

Where a man binds his heirs to warranty, or to

pay a sum of money without naming himself, such lien shall be void, 386. a.

Where an action of debt shall lie against the special heir, without naming the heir at the common law; secus of a voucher by reason of a warranty, 376.b. 386. b.

A gift to a man his heir and successors, how it shall enure, 9. a.

When the heir shall have an action for defacing his ancestor's monument, 18. b.

Heirloom.

What heirloom is, 18. b.

Cannot be devised, 183. b.

Herbage. See Jointenant.

What shall pass by the grant of the herbage of land, 4. b.

Where the owner's acceptance of a lease of the herbage of his land by indenture shall be no estoppel as to the land, 47. b.

Where a reservation of rent out of the herbage, of land shall be good, 142. a.

Heresy.

Attainder of it doth not forfeit land or corrupt the blood, 391. á.

Heriot. See Extinguishment. How called in the Saxon tongue, 185. b. From what antiquity due to lords, ibid. Where a devise by the tenant of all his goods shall

not defeat the lord of his heriot, 185. b. Where by purchase of part of the tenancy by

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Where in doing homage, homage due to the king

ought to be excepted, and the penalty for omitting it, 64. b. 65. a. b.

What person may do and take homage, and what not, 65. b. 66. b. 67. a. and b. 69. a. 341. b. The form of homage by an abbot or other ecclesiastical person, 65. b.

The form of homage by husband and wife jointly, 66. a.

Where and what corporation may do and take homage, and where and what not, 65. b. 66. b. 67. a. 341. b.

Where the husband shall do and take homage alone, and where jointly with his wife, 30. a. 67. a.

Where there are divers tenants of the same land, where all and where but one shall do homage, 67. a. b.

Where and why the tenant shall not be sworn in

doing homage, 68. a.

Where homage done to one joint lord shall excuse against the other, 67. b.

The benefit which accrues to lords by receiving homage, 68. a. 92. b.

Where the tenant notwithstanding homage once

done to the lord, shall be compelled to do homage again to his heir, and where not, 103. b. Where the tenant, upon translation of the seigniory to another, shall be compelled to do homage again, and where not, 104. a. and b.

Where after refusal the lord shall not distrain his tenant for homage until request, 105. a. By what means fealty shall be separated from homage, and by what not, 150. b. 151. a. The writ of homagio capiendo, and where it lieth,

101.

Homage Auncestrel. See Attornment,

Per quæ Servitia, Recovery, Warranty. The description of tenure by homage auncestrel, 100. b. Blood

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be executed in the life of the parties, and to what not, 182. b. 183. a. 184. a. b. Where and by what acts an estate in jointure may be severed, and where and by what not, 182. a. per tot. pag. 183. a. 190. a.

Where two may be jointenants of the freehold and fee simple, and tenants in common of an estatetail in the same land, 183. b.

Where the jointenant surviving shall be liable to the charges of his companion, and where not, 184. b. per tot. pag. 185. a.

Where the charges of one jointenant, avoidable by his companion, shall be good against himself surviving, 184. b.

Where upon a recovery against one jointenant, execution shall be sued against his companion, 185. a.

Where an estoppel to one jointenant shall not bind his companion surviving, ibid.

Where a devise by one jointenant shall be void against his companion, 185. a. b. Where by the death of the wife, jointenant with

a stranger for years, the term shall survive to the other jointenant, and not to the husband, 185. b.

Where a disparagement of the heir by one jointenant shall be a forfeiture of the ward as to both, 80. b.

Where one jointenant of a ward shall be liable to the waste done by his companion, 54. a. Where an assignment of dower by one jointenant shall be good against his companion, 35. a. Where upon grant of a rent to two, the election of one to have it as an annuity or rent shall bind his companion, 146. a.

Where a rescous by one jointenant shall make his companion a disseisor, 161. b.

Where each jointenant shall be said to be seised

per my et per tout, and to what purposes either hath right but to a moiety, 186. a. 350. a. Where a lease for years by one jointenant for life or in fee, to begin after his death, shall be good against the survivor, and where not, 184. b. 185.b. 186. a. b.

Where a grant of the herbage or vesture of the land by one jointenant shall bind the survivor, 186. b.

Where a presentation to a church by one jointenant shall not put his companion out of possession, 186. b.

Where a partition between jointenants shall be good without deed, and where not, 169. a. 187. a. Where by a partition between jointenants, a warranty shall be destroyed, and where not, 187. a. Where husband and wife shall be jointenants, and where by entireties, and where by moieties, 187. a. b. per tot. pag.

Where baron and feine and a stranger are jointenants, the sole alienation of the baron shall bar the stranger surviving as to a moiety, and where not, 187. b. 188. a. 327. b.

Where one jointenant or parcener enters or recovers, the whole estate being put to a right, the

other shall enter and occupy with him, and where not, 188. a. 364. b.

Where a lease of part of the term by one jointenant for years, shall be a severance of the jointure as to the whole, 192. a. 199. a.

Where a severance of the jointure of the freehold shall be a severance of the reversion, 191. b. 192. a. b.

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Where a reservation of the reversion to one jointenant by deed indented upon a lease by both shall not estop the other, 192. a.

Where a lease is made by two jointenants, the remainder in fee to one of them, this shall be a good remainder for a moiety, 192. b. Where one jointenant makes a lease for his own life, and dieth, no survivor, quære, 193. a. Where the feoffment of one jointenant to his companion and a stranger, shall be good only to the stranger, 335. a.

Where two infants jointenants make a feoffment, by the death of one his right shall survive; secus of a feoffment by one solely, 337. a. b.

Where the father jointenant with the son and a stranger, makes a feoffment of the whole with warranty, the stranger surviving shall avoid the whole, 367. a.

Jointure. See Dower, Stat. 11 H.7.

cap. 2.

What shall be a good jointure within the statute of 27 H. 8, and what not, 36. b.

Where the wife may wave her jointure, and where not, 36. b.

May be made determinable by the party's own act, 36,

Ireland.

How and when the laws of England were first established in Ireland, and how afterwards confirmed, and by whom, 141. a. b.

Issue. See Pleadings, Verdict.

An issue, and the several kinds of issues, 126. a. Where an issue generally taken shall refer to the count, and not to the writ, 126. a.

Issue upon a negative pregnant not good, 126. a. Where two affirmatives shall make an issue, and where not, 126. a.

Where an issue shall be good upon a matter affirma

tive and negative, albeit it be not in express words, ibid.

The form of the entries of issues of the part of the plaintiff, and on the part of the defendant, ibid.

What pleas are issues themselves, whereto the plaintiff or defendant cannot reply, 126. a. Where modo et formá shall be of the substance of the issue, and where but matter of form, 281. b. per tot. pag.

Where the substance of the issue being found, the verdict shall be sufficient notwithstanding omission of circumstances, 227. a. 282. a.

Where the plea of the party amounts to a general issue, the general issue shall be entered, 303. b. Issue shall be joined on a traverse when well taken, 126. a.

Judgment. See Error, Partition.

The signification and derivation of the word, 39. a. 168. a.

The several sorts of judgments, ibid. Where in a real action by one jointenant or parcener against another, judgment shall not be given in severalty, 167, b. 187. a.

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Juris utrum. See Parson.

Juror, Jury. See Challenge, Statute, Verdict, W. 2. c. 38. Artic. sup. Chart. c. 9. 2 H. 5. c. 3.

The properties of a juror, 155. a. b.

What person may be a juror, and what not, 156. b. 157. a. 172. b.

How they shall be treated if they do not agree, 227. b.

Where a cestuy que use shall be a sufficient juror within the stat. of 2 H. 5. c. 3. 272. b. Where tenant pur auter vie, or the husband seised

in his wife's right, is returned on a jury after the death of the wife or cestuy que vie, they may be challenged, ibid.

Where a witness shall be had in equal respect with a juror, and where not, 6. a.

The jury must give a verdict though no evidence be given, 296. b.

Justices. See Court, Eyre.

By what names anciently called, 168. b.
Justices of assise, whence so called, 263. a.
Their office and jurisdiction, ibid.

In what cases anciently justices of nisi prius might
give judgment, and in what not, 263. a.
The names of divers bishops and clergymen that
were anciently justices of the king's courts,
304. b.

King. See Prerogative.

The etymology of the word (king), and how called in other languages, 65. b.

The style of every king of England since the conquest, 7. a. and b.

The several compellations of divers kings of England, 7. a.

The several councils of the king, 110. a.

The king may take a fee simple without the word (heirs), 15. b.

may reserve rent out of incorporeal inheritances, 47. a.

cannot be nonsuit, 139. b.

Knight.

The derivation of the word, and how called in other languages, 74. b.

The dignity of a knight, 107. b.

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What shall be said a knight's fee, or census militaris, 69. a. b.

Knights Service. See Guardian, Marriage, Relief, Wardship.

The description of a knight's service, 74. b. By what names such service is distinguished in law, 74. b. 75. a. b. 108. a.

To what end this service was created, 75. b. The respect which the law hath to the supportation of this service, 39. a. b.

The privileges of tenants by knights service, 75. a. At what age the tenant shall be intendable to perform this service, 74. b. 75. b. 78. b.

What things incident to this tenure, and from what antiquity, 76. a. b. 305. b.

For what cause the law gave the ward and marriage of the heir of such tenant to his lord, 75. b. 76. a.

Where the tenure ceasing the wardship and all other incidents shall also cease, 76. a. b. 248. a. Where the fruits of knights service being suspended, the tenancy being in a corporation, shall be revived again in the hands of a natural person, 70. b. 99. a,

Where a tenure may be knights service and no escuage, 82. b.

Where tenure by castleguard shall be knights service, and where not, 82. b. 83. a. 87. a. Where the tenure shall remain albeit the castle be ruined, 83. a.

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The several names whereby the common law of England is called, 142. a.

How the common law and the law of the crown differ, 15. b.

The law spiritual, what, 344. a.

Intendment of law, what, 78. b.

No proof to be admitted against the presumption of law, 373. a. b.

What things the law most favoureth, 124. b. How the law respects the order of nature, 92. a. 197. b.

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The ancient rules and course of the law not to be innovated, 282. b.

The commendation of the law of England, 97. b. The delight and facility of the study of the law, 71. a.

Admonitions and directions concerning the study and practice of the law, 70. a. b. 249. b.

Lea and Ley.

What they are, 4. b.

Leases, Lessor, Lessee. See Confirmation, Release, Rent, Reservation, Stat. 32 H.8. c. 28.

The derivation of the word (lease), 43. b.
The several kinds of leases, 45. a. b.

What shall be sufficient words of lease, 45. b. 301. b.

What persons may make leases at this day, which could not by the common law, et è converso, 44. b.

What things requisite to the perfection of a lease within the stat. 32 H. 8. 44. a. b. What leases shall be good within the statutes of 1 and 13 Eliz. and what not, 44. b. Where a concurrent lease shall be good within those statutes, and where not, 45. a.

What shall be said a sufficient certainty whereupon a lease for years may depend, and what not, 42. b.

Where a lease for years may cease and revive again, as to several persons, and where not, 46. a. To what purposes the party shall be said a lessee for years before entry, and to what not, 46. b. 51. b. 270. a. b.

Where a lease is made to have from the date, or day of the date, or from the making, or from henceforth, &c. where it shall be said to have beginning, 46. b.

Where the deed hath no date, or beareth an im

possible date, when the lease shall be said to have commencement, ibid.

Where the deed referreth to a void lease, or mis

recite a lease in esse, to have from the ending of that lease, when it shall begin, ibid.

The signification of the word (term) and the difference inter terminum annorum et tempus annorum, 45. b.

Where a lease to the party generally shall be construed to be for the life of the lessor, and where for the life of the lessee, 42. a. 183. a. b. Where divers persons join in a lease, whose lease it shall be construed, 45. a.

Where a lease for years by tenant in tail shall be void by his death without issue, 45. b. Where a lease by parson, vicar, &c. before the statute, was void by his death, and where but voidable, 45. b.

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Livery out of the Hands of the King,
See Primer Seisin.

Where the heir of the tenant of the king shall sue
livery, and where an ouster le main, 77. a.
Where the king shall have the mean profits until
livery, or ouster le main sued by the heir, and
where not, ibid.

The several kinds of livery, and which shall be the best and most safe for the heir, 77. a. Where by the livery of a manor an advowson appendant shall pass from the king, without special mention, 77. a.

Livery and Seisin. See Authority,
Feoffment, Grant.

The description of livery of seisin, 48. a.
The several kinds of livery, ibid.
The antiquity of livery, 49. b.

To the passing what estates livery requisite, and of what not, 48. a. 216. a.

What act or words by the lessor or feoffor shall be said a good delivery in deed, and what not, 48. a. 49. b. 56. b. 57. a.

Where a livery expressing one estate referreth to a charter expressing another, or which is void, how it shall be construed, 48. a. b. 222. b. Where livery referreth to two several charters of different limitations how it shall be construed, 21. a. Where livery of the one parcel shall be a livery of the other, and where to one feoffee good to the other, and where not, 48. a. 50. a. 253. a. 290. a. How livery shall be made to pass a moveable inheritance, 48. b.

Livery in law, or within the view, what, 48. b. Where such livery shall be good, and where not, ibid. 253. a.

Such livery by an attorney, void, 52. b.

Such livery not good but to him which takes the freehold, 49. b.

Where a claim shall amount to an entry to perfect a livery within view, and where not, 48. b. Where livery shall be made of an upper chamber, ibid.

What

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