awarded not good p. 100 Two Matters are in Issue the Jury find the one and says nothing to the other if a good Verdict p. 149 Where eating and drinking of the Jurors at their own charges doth not make the Verdict void otherwise if at the charges of any of the parties p. 267 Unity Of possession where shall extinct a Common p. 127 Usurpation Where puts the King out of possession where not p. 17 W. WAger of Law Where cannot be upon an Agreement that one Creditor be acquitted against the other for Debt p. 212 258 Warrants Of Attorny to acknowledge a Deed not good p. 84 Warranty Tenant in tail of an Advowson in gross grants the same in Fee a collateral Ancestor releaseth with Warranty a bar to the Issue p. 212 Wasts p. 7 60 What a sufficient Plea in it what not p. 9 Wills General words in a Will where not enlarge special words before in it p. 18 Words in a Will or Testament conditional where construed not to give tail by Implication Upon a Devise for three where the words of the Will shall be taken distributively and not jointly p. 117 Not to be taken by Implication p. 131 In a Will a thing implyed shall not control a thing expressed p. 167 Withernam Upon return of a Withernam if the Plaintiff tendereth the Damages he shall have a special Writ to restore his Chattel p. 236 Writs In a recovery upon a Writ in the Court of a Mannor the party who recovered in it cannot be put in possession with the Posse Comitatus p. 99 In the nature of a Scire Facias out of the Court of Admiralty to repeal Letters Patents of an Office is good p. 192 FINIS An Exact TABLE to the Three Parts of Reports of Mr. William Leonard And a Correction of divers Mistakes in Printing of Cases and other Matters in all the Three BOOKS A Denotes the first B the second and C the third Book A Abatement of Writs IF one of three Executors die pend brevi the Writ abates A. 44. Administrator sued as Executor may abate the Writ if the Administrat was committed before Action brought A. 69. A Feme sole Plaintiff takes Baron the Writ is not abated but abateable A. 168 169. If matter of Abatement appear in any part of the Record the Court after Judgment will reverse the Judgment A. 255. Action does not abate if the Defendant die after the first Judgment in Trespass and before the Return of the Writ of Enquiry A. 263. Death after Issue joyned no cause of Abatement in the Civil-Law A. 278. The Writ shall abate if it appear the Plaintiff cannot recover the thing in demand A. 333 334. In what Real Actions two Tenants may plead several Tenancy B. 8. It an Action shall abate after the Verdict if it appear to be brought before time A. 186 187. B. 20. Writ shall abate if the Feme be put before the Baron B. 59. Where upon pleading Joyntenancy or Villenage the Writ shall abate without any answer to the Pleas B. 161 162. Where a Writ shall abate Ex Officio Curiae B. 162. A Writ of Deceit not abated by the death of one Defendant C. 3. Abeyance In what Cases a Use may be in Abeyance B. 18. C. 21 22 23. The like of a Remainder B. 73. Acceptance Where the Issue of him in Remainder accepts the Rent of Tenant for life it is a good affirmance of his Estate A. 243. What Acceptance of Rent by Lessor shall bar him of his Re-entry for non-payment A. 262. The Acceptance of Rent by the Feme confirms the Lease of the Husband C. 271. The like by Issue in Tail of a Lease not warranted by the Statute C. 271. The like by an Infant at his full Age C. 271. The like of a Lease by a Predecessor and the Successor accepts the Rent C. 271. By the Wives Acceptance of Dower out of Lands exchanged she agrees to the Exchange C. 271. One disclaims and after the Lord accepts the Rent of the Tenant the Lord is barred of his right Sur Disclaimer C. 272. Pending a Cessavit Tenant aliened the Lord accepts Services from the Alienee he is barred C. 272. Accord and Concord No Bar if not executed A. 19. C. 212. Account Duresse a good Bar to it A. 13. Capias ad Comp. after a former executed A. 87. The power of Auditors A. 219. Of what things an Auditor by Deed may make Allowance A. 219. The power of an Auditor deputed by a private person A. 219. The difference of an Auditor deputed by Parol and by Deed A. 219. After Account and the Defendant found in Arrear and then the Defendant dies yet the Plaintiff shall recover A. 263. Lies not for the profits of Lands if the Defendant were in by Title A. 226. C. 24. If the Jury ought to assess Damages A. 302. B. 118 196. C. 150 192 230. What may be pleaded in Ear or must be pleaded in discharge before the Auditors B. 30 31 195. If a Factor account to one of many joynt Traders it is sufficient B. 75 76. If the Defendant plead that the Plaintiff gave him the Goods he must traverse that he was Bailiff to render account B. 195. If it lies against a meer Trespasser or wrongdoer C. 24. Where Account or an Action upon the Case lies against one who receives Mony to buy Cattle and does not buy them C. 38. In some Cases it lies against an Apprentice C. 62. Action upon the Case for Tort See Nusance Trover Slander For Erecting a Fould-course in disturbance of the Lord who had one by Prescription A. 11. By a Father against the Master of his Son for beating and laming his Son whereby he was disparaged in Marriage A. 50. Where it lies for malitiously indicting of Felony A. 107 108. Lies and not Trespass for pulling down Hurdles in a Market A. 108 109. Lies against an Under-Sheriff who took Mony to return but did not return a Summons A. 146. Against a Justice of Peace for Arresting one for Felony without accusation A. 187. Against a Mayor for not taking Bail to an Action A. 189. By Tenant in ancient Demesne for taking Goods for Toll A. 231 232. B. 190. By a Sheriff against a Prisoner who escaped out of Execution satisfaction being acknowledged A. 237. If it lies for retaining anothers hired Servant A. 240. Lies for a Tenant in Fee for a Nusance though he may have an Assise A. 247 273. Con. C. 13. If it lies for diverting a Mill-stream without Prescription A. 273. If it lies against a Justice of Peace for refusing to examine one who is Robbed A. 323 324. For conspiring with a Factor to cheat the Plaintiff who was a Joynt Trader with the Defendants in Account B. 75 76. For laying too much weight on a Floor which fell into the Plaintiffs Wares B. 93. An over-loading a borrowed Horse B. 104. By a Commoner for over-charging the Common with Conies B. 203. Against
Land therefore it is in the Land or within the Land i. e. the Mannor For the King may distrain for the Fine as well in the same Land as in the Land of him who ought to pay it Dyer doubted of it and said That the Bishop could not distrain in the Land for this Fine but should have it by allowance in the Exchequer upon the Estretes and if the party would not pay it the Lessee should have a Subpoena against him out of the Exchequer And some were of Opinion That the Lessee could not have this Fine 2 Len. 179. 4 Len. 234. for that they were not Hereditaments within the Mannor but rather in the Exchequer or Court where the Record is LXXXII Mich. 15 Eliz. In the Common Pleas. THe Case was A Man seised of a Pasture in which are two great Groves and a Wood known by the name of a Wood And also in the same Pasture there are certain Hedge-Rowes and Trees there growing Sparsim Leased the same by Indenture for years And by the same Indenture bargained and sold to the Lessee all Woods and Vnderwoods in and upon the Premisses And further That it shall and may be lawful to the Lessee to cut down and carry away all the same at all times during the Term. Harper The Hedge-Rowes do not pass by these words for they are not known by the name of Woods 14 H. 8. 2. contrary by Manwood For by such words Hedge-Rowes pass Mounson contrary For the words of the Grant may be supplyed by other Words Dyer The Hedge-Rowes shall pass for the Grant is general All Woods It was moved further If by those words the Lessee might cut them a second time or but once Harper Manwood and Mounson He may cut them but once Dyer contrary And so it should be if the words had been Growing upon the Premisses And this word Growing although it sounds in the present Tense yet it shall be also taken in the future Tense if not that the word tunc had been there for that is a word of Restraint The Case was argued in the Exchequer Chamber where I was present which was The Prior of St. John's Leased a Commandry Provided That if the said Prior or any of his Brethren there being Commanders will dwell thereupon then the said Lease to be void It was doubted If that Proviso did extend to the Successors for the word Being is in the present Tense And yet by the Opinion of Fitzherbert it shall be taken in the future Tense and so extend to the Successors Otherwise if the words had been Now being LXXXIII Mich. 15 Eliz. In the Common Pleas. A. Made B. his Executor and died Vid. le stat 43 Eliz. cap. 8. Office of Executors 261. B. to the intent to defraud the Creditors refused to take upon him the Executorship but caused a stranger to take upon him Letters of Administration which stranger fraudulently gave the Goods of the Testator to B. Dyer If the gift be fraudulent then by the Statute of 13 Eliz. the gift is void and then B. by the Occupation of the Goods shall be charged as Executor of his own wrong Manwood I conceive there is a difference If one makes an Executor and another takes the Goods but doth no Act which concerns the Office of an Executor as paying of Debts he is not Executor of his own wrong but a Trespassor to him who is Executor in right but if he doth any Act which belongs to the Office of an Executor then he is Executor of his own wrong Dyer That Case hath been adjudged against you and although the Books of 9 E. 4. 22 H. 6. were vouched Yet Iudgment was given against the Opinion of Manwood It was the Case of one Stoke LXXXIV Jackson and Darcyes Case Mich. 16 Eliz. In the Common Pleas. IN a Writ de Partitione facienda between Jackson and Darcy the Case was Tenant in tail the remainder to the King levied a Fine had Issue and died In that case It was adjudged That the Issue was barred and yet the remainder which was in the King was not discontinued For by that Fine an Estate in Feesimple determinable upon the Estate tail did pass unto the Conusee LXXXV Strowds Case Hill. 17 Eliz. In the Common Pleas. IN a Replevin the Case was That Lands holden of a Subject came to the possession of the King by the Statute of 1 E. 6. of Chauntries and the King granted the Lands over In that case It was holden That the Grantee shall hold the Lands of the King according to the Patent and not of the Ancient Lord But the Patentee shall pay the Rent by which the said Land was before holden as a Rent seck distrainable of Common Right to the Lord only and his Heirs scil to him of whom the said Lands were before holden LXXXVI Tresham and Robins Case Mich. 17 Eliz. In the Kings Bench. TResham brought an Action of Debt upon a Recognizance against Robins The Condition of which Recognizance was To stand to the Arbitrament of A. and B. who made Award That Robins should have the Land Yielding and paying 10 l. per annum And that Tresham in further assurance should levy a Fine to Robins of the same Land and upon that Robins should grant and render to Tresham which is done accordingly the Rent is behind Tresham brought Debt upon the Recognizance The Defendant pleaded the special matter with this per close Unde petit Judicium if the Plaintiff should have Execution against him And by the Opinion of the whole Court the Conclusion of the Plea is not good For here is not any Execution of the same Debt but an Original Action of Debt brought in which case he ought to have concluded Iudgment Si actio It was further moved If these words Yielding and paying make a Condition And it was agreed That the words do amount to as much as So as he pay the Rent And if a Man makes a Feoffment in Fee Reddendo salvendo 10 l. for years the same is a Condition But in the principal Case It is not a Condition For it is not knit to the Land by the Owner it self but by a stranger i. e. Arbitrator but it is a good Clause to make the same an Article of the Arbitrament which the parties are bound to perform upon pain of forfeiture of the Recognizance Which Wray concessit And that this Rent should not cease by Eviction of the Land. LXXXVII The Earl of Westmerlands Case Hill. 18. Eliz. In the Common Pleas. THe Earl of Westmerland seised of a Mannor whereof the Demesnes were usually let for three Lives by Copy 2 Len. 152. 2 Brownl 208. according to the Custom of the Mannor granted a Rent-charge to Sir William Cordell pro consilio impendendo for the term of his Life and afterwards conveyed the Mannor to Sir William Clifton in tail The Rent is behind Sir William Cordell dieth Sir William Clifton dieth
said That he promised to find meat drink and apparel for the Plaintiff and his Wife for 3 years absque hoc that he promised to find meat and drink for two servants and Pasture for two Geldings The Plaintiff Replicando said That the Defendant did promise to find c. for 3 years next following Vpon which they were at Issue and found for the Plaintiff It was moved in Arrest of Iudgment That here is no Issue joyned For the Plaintiff hath declared upon a promise to find c. for 3 years when the Plaintiff will that require The Defendant hath pleaded a promise to find apparel meat and drink for the Plaintiff and his Wife for 3 years absque hoc that he promised for two servants and two Geldings and now the Plaintiff Replicando saith That the Defendant assumed for 3 years next following so here is another Assumpsit in the Replication than that whereof the Plaintiff declared and so the Plaintiff hath not joyned Issue upon the Assumpsit traversed by the Defendant and so there is no Issue joyned for the Defendant denyeth the Assumpsit whereof the Plaintiff hath declared And the Plaintiff in his Replication hath affirmed another Assumpsit than that whereof he hath declared and that is not helped by the Statute of Jeofails For it is not a mis-joyning of Issue but a not joyning of Issues and that was holden by the Court to be a material Exception And the Lord Dyer conceived That here is a Departure for the Plaintiff in his Replication hath alledged another promise than that whereof he declared Another Exception was Because that the Plaintiff had not averred in facto that he had married the Daughter of the Defendant but by an Argument Implicative Licet but that Exception was disallowed For that the word Licet is not a bare Implicative but it is an express Averment And so it was said Plow 127. it had been ruled before See 2 Mar. Plow Com. 127 128. Buckley and Thomas Case C. Hill. 19 Eliz. In the Common Pleas. A Lease for years was upon Condition Dyer 45. 1 Roll. 214. 1 Len. 3. That the Lessee should not grant over the Land at Will or otherwise He devised the same to his Executors who accepted the same only as Executors and not as Devisees And yet it was the Opinion of the Iustices That the Condition was broken Because he had done as much as lay in him to have devised the Land. 2 Roll. 684. 1 Roll. 24. 9 Co. 94. Stiles Rep. 304 305 405. Hutton Rep. 27. Clayton Rep 85. 1 Len. 113. 1 Cro. 126. Owen 94. See 31 H. 8. 45. CI. Hodgson and Maynards Case Hill. 19 Eliz. In the Kings Bench. NOte It was said by the Iustices in this Case That if an Executor promiseth to pay a Debt when he hath not Assets no Action upon the Case lyeth against him upon such promise but contrary if he hath Assets And so it was holden That if the Heir hath nothing by descent an Action upon the Case will not lie against him upon such a promise made CII Mich. 20 Eliz. In the Kings Bench. Co. 3. Inst 1. Stat. 5. Eliz. 2 Len. 12. AN Action upon the Statute of 5 Eliz. of Perjury was brought by three and they declared That the Defendant being examined upon his Oath before Commissioners If a Surrender was made at such a Court of such a Mannor of a Copyhold to the use of A. and B. Two of the Defendants swore That no such Surrender was made c. Exception was taken to the Declaration because that the certainty of the Copyhold did not appear upon the Declaration For the Statute is That in that case the party grieved shall have remedy so as it ought to appear in what thing he is grieved Quod fuit concessum per totam Curiam Another Exception was taken because that the Action in such case is given to the party grieved And it appeareth upon the Declaration That the surrender in the Negative deposing of which the perjury is assigned was made to the use of two of the Plaintiffs only and then the third person is not a party grieved For he claims nothing by the surrender and therefore and because the two parties grieved have joyned with the third person not grieved It was the Opinion of Wray and Southcote Iustices That the Writ should abate CIII Mich. 20 Eliz. In the Common Pleas. 1 Len. 263. NOte It was said by Dyer and Manwood Iustices If one be condemned in an Action upon the Case or Trespass upon Nihil dicit or Demurrer c. And a Writ issueth to enquire of the Damages and before the Retorn of the Writ the Defendant dyeth The Writ shall not abate for that For the Awarding of the said Writ is a Iudgment And Manwood said In a Writ of Accompt the Defendant is awarded to Accompt And the Defendant doth Accompt and is found in arrearages and dieth The Writ shall not abate but Iudgment shall be given That the Plaintiff shall recover and the Executor shall be charged with the Arrearages and yet Accompt doth not lie against them CIV Mich. 20 Eliz. In the Common Pleas. 2 Len. 52. 2 Len. 282. Post 92. IN an Action upon Escape the Plaintiff is Nonsuit It was holden by the Iustices That the Defendant in that case shall not have Costs by the Statute of 23 H. 8. Note The words in the Statute upon any Action upon the Statute for any offence or wrong personal supposed to be done immediately to the Plaintiff Notwithstanding this Action is Quodam modo an Action within the Statute scil by equity of the Statute of Westm 2. which give expresly against the Warden of the Fleet Yet properly it is not an Action upon the Statute for that in the Declaration in such Action no mention is made of the Statute Which see the Book of Entries 169 171. And also here there is not supposed any immediate personal Offence or Wrong to the Plaintiff and an Action upon the Case it is not For then the Writ ought to make mention of the Escape which it doth not here And yet at the Common Law before the Statute of Westm 2. An Action upon the Case lay upon an Escape And so by the opinion of Dyer Manwood Mounson Iustices Costs are not given in this case and Manwood said That upon Nonsuit in an Action upon the Statute of 8 H. 6. The Defendant shall not have Costs 1 Len. 282. For that the same is not a Personal Wrong For the Writ is Disseisivit which is a real tort CV Mich. 20 Eliz. In the Common Pleas. IN Debt upon an Obligation to perform certain Covenants in a pair of Indentures The Plaintiff assigned the breach in one of the Covenants scil That the Defendant should do all reparations of such a House demised to him And that he had not repaired but suffered the same to decay To which the Defendant said That the
the now Plaintiff To which Endictment the now Plaintiff peaded Not guilty and upon that he was acquitted The Defendant pleaded That the now Plaintiff was endicted of the said death in the County of S. scil of the stroak and of the death of the dead in the same County To which the Plaintiff by Replication said That the said J.S. was struck in the said County of S. but died in the County of D. so as this Indictment found in the County of S. is void by the Common Law and by the Statute of 2 E. 6. the party ought to be Indicted in the County where the party died and not where the stroke was given And upon that Replication the Defendant demurred in Law. Broughton The Plaintiff ought to be barred 1. The Plaintiff was not lawfully accquitted for the proceedings are not by due process For upon the Writ of Appeal no Pledges are retorned Which see 11 H. 4. 160. Then if the Appeal was not duly sued the Plaintiff was not duly acquitted and then Conspiracy or Action upon the Case doth not lie For such suit doth not lie but where if the Plaintiff had been found guilty he should have Iudgment of life and member Which shall not be upon an insufficient Appeal 9 H. 5. 2. 2. Because it is not shewed in the Declaration If the Defendant did flie or not 3. The Declaration wants these words Falso Malitiose as they are in the Writ of Conspiracy And also it is not shewed If the Plaintiff in the Appeal be sufficient or not For if he be sufficient the Abettors shall not be enquired See Westm 2. And as to the Action it self he conceived That it doth not lie by Bill but by Originial Writ against those who are found Abettors See 2 E. 2. Fitz. Action upon the Statute 28. such suit by Writ But see 25 Eliz. It was holden Such suit doth not lie by Writ And see Book of Entries 43 44. Flemming to the contrary It needs not to be shewed That the Plaintiff found Pledges ad prosequendum For without that the Writ is good enough and although that the Writ be not well executed yet it is good For our Action is not grounded upon the Record of Appeal but at the Common Law and the Record is but Conveyance to our Action And also there needs not in the Declaration falso malitiose for they are implyed in the words Abettavit procuravit And he conceived That this Action is at the Common Law and not only upon the Statute of Westm 2. Which see Stamford 172. And see 3 E. 3. Fitz. Conspiracy 13. Conspiracy lieth upon an Endictment of Trespass as well as upon an Endictment of Felony for the Law hath provided remedy in every Case where a Man is damnified As 43 E. 3. 20. A Writ of Disceit was brought for that the Defendant by Fraud and Collusion had procured J.S. to brign a Formedon against the Plaintiff of such a Mannor by reason whereof the Plaintiff was put to great charges and holden maintainable And the Statute of West 2. is in the affirmative and therefore it doth not abridge the Common Law but the subject may take the advantage of the Common Law if he pleaseth For it may be that the Course according to the Common-Law will more avail him than that upon the Statute For upon the Statute Law If the Abettors have not any thing the party is without remedy but by the Common Law the party grieved shall have excution upon the body 13 E. 2. Conspiracy holden maintainable against one who procured one to sue an Appeal against the Plaintiff See Fitz. Conspiracy 25. Fitzh Na. Br. 98. If A. procures B. to sue an Action against me to vex and molest me an Action of Disceit lieth And as to the matter of the Endictment I conceive that it is not any bar For the Endictment is meerly void because it was found in the County where the stroke was and not in the County where the party strucken died where of right it ought to be and that by the Statute of 2 E. 6. Then if the Endictment be insufficient it is as no Endictment and then the Plea cannot excuse the Defendant Which see 20 E. 4. 6. If the Endictment be not sufficient the Appellee shall wage Battail and the Abettors shall be acquitted Vide inde 19 E. 3. Coron 444. 26 H. 8. 2. And by the Common Law the Plaintiff might at his pleasure bring an Appeal where the Plaintiff was strucken or where he died but in such case the tryal shall be by both Counties And 3 H. 7. 12. Appeal was brought in the County where the party was stricken And 44 H. 7. 18. the Appeal was brought in the County where the party died and there it is said That in an Appeal the Plaintiff may declare as if the thing were done in both Counties but the Endictment ought to be in one County only And 43 E. 3. 18. A Man strucken in one County and dieth in another County the Appeal shall be brought in the County where he died In an Action upon the Case brought in the County of Essex the Plaintiff Declared That the Defendant held certain Lands by reason of which he ought to repair a Wall in the County of Essex juxta le Thames and that the Plaintiff had Land in the County of Middlesex adjoyning to the said Wall and for want of repairing the said Wall his Land in the County of Middlesex was drowned and the Writ was allowed being brought in the County of Essex See 6 H 7. 10. Clench I conceive this Action doth not lie by the Common Law For no Writ of Conspiracy was at the Common Law before the Statute And vide F. N. B. 114. F. If the Plaintiff in an Appeal be Nonsuit Conspiracy lieth but contrary if he be acquitted for he shall have his remedy against the Abettors c. Plowden This Action lieth at the Common Law and an Endictment is no Plea in this Action and it is not grounded upon the Statute as a Conspiracy is and so it well lieth although the Abettors be not Enquired Gawdy Serjeant This is an Action by the Common Law For in all cases where one procures damages to another so as the party is put to charges an Action lieth a fortiori where the procurement extends to the danger of life And see F. N. B. 116. F. Men conspire to have a false Office found of my Lands which Office is found by such procurement Conspiracy lieth And the Statute of 2 E. 6. doth not alter the Law before for it is in the affirmative See the Statute Cap. 24. Gawdy Iustice Conceived That the Endictment did not excuse the Defendants in this Action but against those who are sworn to give Evidence for the King and not others For they may well procure an Appeal malitiously notwithstanding the Endictment Walmesley Serjeant conceived That the Action doth not lie at the Common Law For in
so as of necessity we must lay the promise accordingly And it is a clear case That the Plaintiff in an Action upon the Case shall declare upon a Promise the first day of May And if it be found that it was made at another day yet the Plaintiff shall recover CCCX Hamper's Case Mich. 31 Eliz. In the Kings Bench. 2 Len. 211. 1 Cro. 147. HAmper was Endicted upon the Statute of 5 Eliz. of Perjury And in the body of the Endictment the Record was that he falso deceptive deposuit Whereas the Statute speaks Wilfully And although in the perclose of the Endictment the Conclusion is Et sic commisit voluntarium perjurium Yet the Opinion of the Court was That the same did not help the matter and for that cause the party was discharged For contra formam Statuti will not help the matter and yet it was moved and urged that contra formam Statuti did supply such defect And in this case It was holden by the Court That if a Witness deposeth falsly but the Iury do not give credit to his Oath but give their Verdict against his Oath although the party grieved cannot sue him for the Perjury yet at the Suit of the King he shall be punished CCCXI. Collet and Robston's Case Trin. 31 Eliz. In the Kings Bench. Ante 149.192 2 Len. 118. ARthur Collet and Thomas Andrews recovered against Robston in a Writ of Accompt Hill. 29 Eliz. And now Robston brought a Writ of Error and assigned for Error That whereas the said Writ of Accompt was brought against the Defendant as Receivor of monies to render Accompt quando ad hoc requisitus fuerit the said Writ ought to have been more special But the Writ in its generalty was holden good enough without any special matter And so it was adjudged in the Case of one Gomersell scil Quod reddat ei rationabilem Computum suum de tempore quo fuit Receptor Denariorum ipsius A. Another Error was assigned For that the Iury had assessed damages which ought not to be done in an Action of Accompt Which see 2 Ric. 2. Fitz. Accompt 45. and 2 H. 7. 13. But see the Book of Entries 22. In a Writ of Accompt against one as Receivor for to render Accompt damages were given by the Iury for the Plaintiff And in the Case of an Accompt against one as Bailiff damages shall be given For if my Bailiff by the imployment of my monies whereof he was Receivor might have procured profit and gain unto me but he neglects the same he shall be chargeable to me to answer the same And here in our Case damages shall be given ratione implacitationis And afterwards notwithstanding the Exceptions the Iudgment was affirmed CCCXII Yates's Case Trin. 31 Eliz. In the Kings Bench. YAtes and another brought a Writ of Error upon a Iudgment given in a Writ of Partition and assigned for Error 2 Len. 118. That the Partition was not sufficient For it is there set forth That the Plaintiffs insimul pro indiviso tenent cum defendente c. and doth not say what Estate See F.N.B. 61 62. Insimul et pro indiviso tenent de haereditate which was of A. matris of the Plaintiff and Defendant And yet see F. N. B. 62. A Writ of Partition betwixt strangers without naming de haereditate in the Writ 1 Cro. 759 760. And see also that Partitions of Lands in London without shewing of what Estate See Register 67. 6 Eliz. in Partitione facienda by Courtney against Polyweel no Estate shewed in the Writ 26 Eliz. Between the Lord Cheney and Bell. So between Finch and Tirrell And so between Fry and Drake 14 Eliz. And 4 5 Phil. Mary It was holden That it is not necessary in such Writ to shew the Estate But Tenants in Common ought to shew the same in their Declaration CCCXIII. Hill. 31 Eliz. In the King Bench. AN Action upon the Case was brought for these words scil Thou hast forged my hand It was holden by Gawdy and Wray Iustices That such words are not actionable because too general without shewing to what writing And by Wray these words scil Thou art a forger are not actionable because it is not to what thing he was a forger Godfery Between Warner and Cropwell scil She went about to kill me An Action lieth for them for if they were true she should be bounden to the good behaviour And by Gawdy for these words scil Thou hast forged a Writing They are not Actionable because they are incertain words Which Wray concessit But if the Declaration had been more certain as innuendo such a deed then it had been good enough Fuller A Case was betwixt Brook and Doughty scil He hath Counterfeited my Lord of Leicester's hand unto a Letter against the Bishop of London for the which he was committed to the Marshalsey for it And it was holden Not Actionable And afterwards in the principal Case Iudgment was Nihil Capiat per Billam CCCXIV Delabroche and Barney's Case Mich. 31 Eliz. In the Kings Bench. DElabroche was sued in the Admiral Court upon an Obligation supposed to be made and delivered in France and now he prayed a Prohibition It was holden by the whole Court That such a Bond might be sued here but being begun in the Court of Admiralty we cannot prohibit them for that perhaps the Witnesses of the Plaintiff are beyond Sea which may be examined there but not here CCCXV. Moulton's Case Mich. 31 Eliz. In the Kings Bench. THis Case was moved to the Court by Cook That one Robert Moulton Tenant in tail having Issue two Sons Robert and John died seised And that Robert his Son and Heir levied a Fine thereof and afterwards levied another Fine and died without Issue And John brought two several Writs of Error to reverse both Fines And the Tenant to the Writ of Error brought upon the first Fine pleaded the second Fine in bar of it And in her of a Writ of Error brought upon the second Fine he pleaded the first Fine The Court advised him to Reply That the Fine pleaded in bar was erronious See 7 H. 4. 107. Where a Man is to annul an Outlawry his person shall not be disabled by any other Outlawry CCCXVI. Babington and Babington's Case Mich. 31 Eliz. In the Kings Bench. IN Debt brought The Defendant pleaded an Attachment made in London after imparlance It was adjudged That it was not any plea. And Wray said That the same should be observed for a Rule in other Cases After that plea was disallowed The Defendant pleaded Variance betwixt the Obligation and the Declaration For the Obligation was Randal Bab. And the Declaration was ad respondend Randulpho B. alias Randal B. Cook said That Randulphus is Latine for Randal Owen Serjeant shewed divers Presidents where Randulphus was taken for Randal But the Court did not agree upon it Wray advised the Plaintiff for his more speed to