Inhabitants to it Sixtly He conceived that the constitution is not pursued for the constitution is that if any Water-man carries any passenger willing to go by the Bardge that such Water-man shall pay for every such passenger two pence And it is not averred that the passengers which the Defendant hath carried were willing to be carried by the Bardge and so not pursued Seventhly The Constitution is further that no Wherry-man shall carry any passenger before the Bardge be fully dismist and transmist and this is not good for it may be the Bardge will not passe to London at all this Tyde and for that it ought to be averred that the Bardge departs in convenient time after that it is furnished for otherwise custome that none shall put his Beasts into such a place till the Lord hath put in his Beasts is not good for it is resolved in 2. H. 4. 24. And the reason is insomuch that it may be that the Lord will not put in his Beasts at all And to the objection that the By-Law shall not bind a stranger he conceives that if all other circumstances had been concurrent that had been very well insomuch that it was within the place where they had power to make By-Lawes and also for the publick good and this as well as the custome of Forraine bought and Forraine sold the which is only for strangers And to the objection that they are severall owners of severall Bardges and for that ought not to joyne in this Action he saith this doth not appeare by the Count but it is said that they were possessed and for that they shall be intended Joynt Owners and so he concluded that Judgement shall be arrested Trinity 10. Jacobi 1612. in the Common Bench. Downes against Shrimpshaw Trin. 9. Jacobi Rot. 334. IN action of Trespasse for Assault and Battery the case was this The Plaintiff in his Count supposeth the Trespasse to be made the first day of May 8 Jacobi at such a place The Defendant pleads that the Plaintiff the same day would have assaulted and beaten him and that the Defendant laid his hands upon him to defend himselfe and if any hurt came unto him it was by his own wrong the which is the same Trespasse for which the Plaintiff hath complained him The Plaintiff replyes of his own wrong without such cause upon which Issue was joyned and at the Nisi prius for Justification the Defendant produced Witnesses which proved an assault to be made by the Plaintiff upon the Defendant long time that is by the space of a yeare before the day contained in the Count and that at this time the Defendant to defend himselfe hath assaulted the Plaintiff And upon this Evidence the Plaintiff demurred insomuch that this proves an assault made at another day then is contained in the Count and the Defendant by pleading hath confessed an Assault and Battery made upon the Plaintiff the day contained in the Count and now upon Evidence proves his Justification at another day and if this Evidence were sufficient to prove his Justification was the question And if by this pleading the day be made materiall in which it was agreed by the Court and Councell also That if the Defendant had pleaded not guilty the day had not been materiall But the Plaintiffe might have given in Evidence any Battery before the day contained in the Count or after before the action brought and this is sufficient to prove his Declaration but the Parties that is the Plaintiff by his Count and Replication and the Defendant by his Justification have agreed of the day And for that if they may now vary from that it was moved and so it was adjourned Trin. 10. Jac. 1612. in the Common Bench. Laury against Aldred and Edmonds IN Debt against the Defendants as Executors of William Aldred dead upon an Obligation made by him in his life time of 50. l. The case was this one of the Defendants confessed the action the other pleaded that the Testator dyed such a day and that he intending to have letters of Administration caused the Corps of the Testator to be buryed and his goods safely to be preserved and kept and that after administration was granted to him by the Arch-Deacon and that after that one Harnego brought action against him as Administratrix by letters of Administration committed to her by the Commissary of the Bishop being Ordinary there and recovered and averred that this was a true Debt and that he had no goods which were the Testators besides the Goods and Chattels which did not amount to the said Debt and so demanded Judgment if action and upon this the Plaintiff demurred in Law Davis Serjeant argued for the Plaintiff that the Defendant ought to have confessed and avoyded or traverse the point of the action and not conclude Judgement if action See 1 Eliz. Dyer 166. 10. When intermedling made men Executors of their owne wrong that is when he meddles without any colour of title or authority as receiving Debts and disposing the goods to his owne use But if a man administer about the Funeralls or be made a Coadjutor or Overseer this shall not make him Executor of his own wrong or by reason of a Will which is after disproved by probate of one Letter and in these cases if he be charged as Executor he ought to plead speciall matter without that that he administred in other manner and in 20. H. 7. 27. a. 28. b. adjudged in Debt against one as Executor which had Letters ad Colligendum bona definisti only which pleaded the speciall matter without that that he administred any other way and other manner was out of the pleading for he did not administer in any manner with Intermedling by the letters ad colligendum and 9 Ed. 4. 33. b. If an action be brought against an Executor of his owne wrong and after administration is committed to him by the Ordinary this shall not abate the action upon which Books he inferred that the Defendant ought to have traversed that he administred as Executor and insomuch that hee hath pleaded that he hath not so pleaded the plea was not good and also insomuch that he hath pleaded that he hath no goods of the Intestate besides goods which doe not amount c. And this is uncertain and not good for he ought to have shewed what goods he had in certain and the value of them insomuch that they remain as Assets in his hands and so he concluded and prayed Judgment for the Plaintiff Barker Serjeant for the Defendant argued that though that the action in which Harnego recovered was begun after the action now hanging yet insomuch that judgment was first had in that now that shall be preferred otherwise before Judgment for till Judgement the elder action shall be preferred And he conceived that if the Writ was abateable and the Defendants would not abate it by plea that shall not prejudice the Plaintiff which
which the Executors are to be charâ—ed meerly as Executors there the Writ shall be in the Detinet but when the thing grows due in part upon the contract of the Intestate and part by the Occupation of the Administrator as in our case there it shall be brought in the Debet and Detinet he cited a Case which was adjudged 26 El. in the Common bench between Scrogs the Lady Gresham where it was resolved that the Lady Gresham was made chargeable to the Debts of her Husband by act of Parliament and Action of Debt brought against her in the Debet and Detinet and debated if this were well brought and after Argument adjudged that it was well brought in the Debet and Detinet for though she was not chargeable for the Debts of her Husband upon his own Contract yet where an act of Parliament hath made her chargeable and a Debtor and for that reason the Action shall be brought against her in the Debet and Detinet and to the principal case he cited the Case of 11 H. 6. 7. Where it it said by Babington Newton that if a man be Lessee for years and is in arrears for his Rent and makes his Executors and dyes and the Executors enter into the Land and occupy in this case for the Arrerages due in time of the Testator Action shall be brought against them in the Detinet but for Rent due in their own occupation the action shal be brought in the Debet and Detinet for that it rises upon their own occupation and with this agrees 20 H. 6. 4. And he sayd that he would demand this case of the Councell of the other part that is a man hath a Lease for yeares as Administrator and Rent incurrs in his time and he makse his Executors and dyes and Administration of the Goods of the Intestate is committed over to another against whom shall the Action be brought for the Rent that is against the Executors of the first Administrator or against the second Administrator and it seems cleerly to him against the Executors of the first Administrator for their Testator had taken the profits which case proves that they shall not be charged meerly as Executors or Administrators but as takers of the profits c. And Occupiers of the land And this was his second reason of the nature of Profits insomuch that they were raised by the personall labour of the Executor or Admistrator and are their Goods as he sayd and they have them not meerly as Executors or Administrators and for that the Action is well brought as it is and he sayd that the Heir for Debt of the Father shall be charged in the Debet and Detinet and yet this was the contract of his Father but he is charged in respect that he hath the land and the occupation and profits of that so here insomuch that the Executors have the profit of the Tearm by the same reason they shall be charged in the Debet and Detinet and he resembled the case to a case put in Fitz. Na. Brâ—… In his Writ of Debt where a woman sole hath a lease for years and takes a Husband and the Rent incurrs and the wife dies the Husband shall be charged in the Debet and Detinet for this rent and the reason is because he hath taken the profits so here the Administrator hath taken the profits and is not answerable for the Profits unless they amount to more then the rent is And by the same reason the action is well brought against him as it is The third and last reason was for the Inconveniency and to that he sayd if this Action be brought in the Debet and Detinet there is no inconvenience but if it should be brought in the Detinet only then should the Administrator be charged but of the Goods of the dead where if he be not charged of his own proper Goods peradventure he shall not be so carefull to pay his rent but would stop the Lessor in his Action which should be trouble and vexation and so by this reason also he concluded the Action well brought in the Debet and Detinet and this was gaynsayd by Towse George Crooke and Harris of the other part and it seems to them that it should be in the Detinet only insomuch that the cause of this Action growes of the contract of the Testator and the Tearm is Assets in their hands and the Administrator hath the Tearm as Administrator and by the same reason the Occupation shall be as Administration and by consequence he shall be charged as Administrator and not otherwise and then the Action shall be brought against him in the Detinet only and that he shall be charged as Administrator they cited the Book of 14 H. 4. 28. Where it is sayd if a man hath a lease for years and makes his Executors and the rent incurrs in their time and action of Debt is brought against them and they make default he which first 〈◊〉 all come by distress shall answer according to the Statute of 9 Ed. 3. chapter 5. which Book proves directly as they say that they are charged as Executors and not otherwise and then it followes that the Action should be in the Detinet so it seems to them that in all Actions where they are named Executors or Administrators that the Action shall be brought against them in the Detinet only but in this action they ought to be named Executors or Administrators for he doth declare of a lease made to the Intestate and for that it seems it shall be brought in the Detinet only and this was the reason of Yelverton Justice which was of their opinion only against the other Justices and to that which was sayd that an Action shall be brought against the Heir in the Debet and Detinet for the Debt of his Ancestor they answered that this is now become the proper Debt of the Heir but it is not so in the case of an Executor or Administrator And it seems to Towse that if an Administrator hath a Lease for twenty yeares and makes a Lease for ten yeares rendring Rent and brings an Action for this Rent that the Action shall be brought in the Detinet only for that this is a new contract made by the Administrator and he hath gained new Reversion because it was derived out of the Lease for twenty yeares and so this shall be of the same nature and the Rent shall be Assets in his hands and in proofe of this he cited the book in 17. Ed. 3. 66. Where an Executor sold the Goods of the Testator and the Vendee made an Obligation to them for the money and the Executors brought an Action of Debt upon the Obligation and this was brought in the Detinet only And the exception was taken because it was duty of their owne contract and for that the Writ should be in the Debet and Detinet and yet the Writ
have an Action upon the Statute of Offenders in Parkes for hunting in two Parkes 13 H. 7â—12 and 8 Ed. 4. 〈◊〉 One Action of Trespasse for Trespasses made at severall times and so one Action of Debt for diverse Contracts 11 H. 6. 24. by Martin 3 H. 6. Trespas 3 H. 4. But he argued that in reall or mixt Actions as ravishment of Ward for severall Wards or one Quare impedit for severall Churches this shall not be good Fitz. Ward 52. 3. H. 6. 52. And also he said that the Statute of 32 H. 8. chapter 34. by expresse words gives the same remedy to Grantees of Reversions that the Grantors themselves had and the Grantor without question may have an Action if he have not granted the Reversion and so he concluded and prayed Judgment for the Plaintiff and it was adjourned Hillary 8. Jacobi 1610. In the Common Bench. Sturgis against Dean see T. 65. A Man was bound to pay to the Plaintiff ten pound within ten dayes after his return from Jerusalem the Plaintiff proving that he had been there and the Plaintiff after ten dayes brought his Action upon the Obligation without making of any proofe that he had been there and if that were good or that he ought to make proofe of that before he brings his Action this was the question and also he ought to make proofe then what manner of proofe and it was moved by Haughton that when a thing is true and is not referred to any certain and particular manner of proof as before what shall be done or how the proofe shall be made the party may bring his Action and the other party may take his Issue upon the doing of the thing which ought to be proved the triall of that shall be proofe sufficient and in his count he need not to aver that he had been there see 10 Ed. 4. 11. b. c. 15 Ed. 4. 25. 7 R. 2. Barr 241. And here also the proofe if any should it ought to be made within ten dayes the which cannot be made by Jury in so short a time as it is said by Choke in 10 Ed. 4. 11. b. though that he agreed that when a man may speake of proofe generally that shall be intended proofe by Jury for that that this is the most high proofe as it is said in Gregories Case 6 Coke 20. a. and 10 Ed. 4. 11. b. But of the other part it was said by Sherley Serjeant that true it is that proofe ought to be made for the Defendant as the Case is in 10 Ed. 4. 11. That then such proofe should be sufficient for the Plaintiff may bring his Action before that the Defendant may by possibility bring his Action but where the Plaintiff ought to make the proofe there he ought to prove that before that he bring his Action and it shall be accounted his Folly that he would bring his action before he had proved that but all the Justices agreed that the Plaintiff need not to make any other proofe but only by the bringing of his Action but the Lord Coke took exception to the pleading for that that the Plaintiff hath not averred in his replication that he was at Hierusalem but generally that such a day he returned from thence and he said that a man might returne from a place when he was not at the same place as if he had been neere the place or in the skirts of Hierusalem and upon that it was adjourned see the beginning of that Trinity 8. Jacobi 462. a. Mich. 13. 200. and 204. Hillary 8. Jacobi 1610. in the Common Bench. Wickenden against Thomas THe Case was this 2. Executors were joyntly made in a Will one of them releases a Debt due to the Testator and after before the Ordinary refuses to Administer and it was agreed by all the Justices that the release was Administration and for that he hath made his Election and then the Refusall comes too late and so is void Bedell against Bedell IN wast the case was this A Man seised of Lands makes his Will and of that makes two Executors and devises his Lands to his Executors for one and twenty yeares after his Death upon trust that they should permit A. To injoy that during and to take all the profits all the Terme if he so long lived and if he â—ied within the Terme then that B. should take the profits and so with others remained in the same manner with the remainder over to a stranger in tayl one of the Executors refuseth to prove the Will or Administer and also to accept the Terme the other executor proves the Will Administers the Goods and enters into the Land according to the Lease and that assignes to A. according to the trust reposed in him and after that he in reversion in tayl brings an Action of wast against the Executors which proved the Will and he proved all the matter aforesaid and that before the assignement and that before that no wast was made and it seemes to all the Judges that this was a good Plea for the waveing of one Executor is good and though that he might after Administer as the book of 21. Ed. 4. Is for that the Interest of his Companion preserves his Authority where are 2 or more But if there be but one Executor and he refuseth and the Ordinary grants Administration to another he cannot then Administer againe and Coke cheife Justice cited that one Rowles made the Lord Chancellor which then was the cheife Justice of England and the Master of the Rolls his Executors and died and they writ their Letters to the Ordinary witnessing that they were Imployed in great businesses and could not intend the performance of the said Will and that for that they desire to be free of that and that the Ordinary would committ the Administration of the goods of the said Testator to the next of blood and this sufficient refusall And upon that the Ordinary committed the Administration accordingly And to the pleading that no wast was made before the assignement they all agreed that this was good and so it was adjourned for this time A man sould his Land upon a condition and after took a Wife and died the Heire entred for the Condition broken yet the Wife shall not be endowed so if the Condition had been broken before the Death of the Husband if he had not entred for he had but title of entery Hillary 8. Jacobi 1610. in the Common Bench. As yet Doctor Husseys Case MOore against Doctor Hussey and his Wife and many others in Ravishement of Ward The case was the Ward of Moore was placed at the University of Oxford to be instructed in the liberall Sciences and was married by the Wife of Doctor Hussey to the Daughter of the said Wife which she had by a former Husband And for that Moore brought this Writ against Doctor Hussey and his Wife and the Minister which married them and all
is a stranger and doth not know if these Defendants are Executors or Administrators as it is said by Danby 9 Edw. 4. 13. And he conceived that the plea is good that the Defendants have not goods besides the goods which do not amount c. And divers presidents were cyted by him to this purpose as Trin. 18. Eliz. Rot. 1405. between Blanekson and Frye Hillary 40 Eliz. Rot. 902. Smalpeeces case and Trin. 44 Eliz. Rot. 1900. between Goodwin and Scarlet in all which the pleadings were all one with the plea in question and no exceptions taken to that and infinite other presidents may be shewed in the point for which cause he demanded Judgment for the Defendants Coke cheife Justice seemed that in an action brought against one as Executor he may plead that Administration was committed to him for such intent that the dead dyed Intestate and demands Judgment if action without traverse that he was Executor and with this agreed 1 Ed. 4. 2. a. 20 H. 6. 23. And so if the Ordinary be charged as Executor he may plead that he administred as Ordinary without traverse that he was Executor but only shewed that the party dyed Intestate and the Plaintiff ought to reply that he made a Will and the Defendant proved that and traverse that he dyed Intestate and with this agreed 9 Edw. 4. 33. and 1 Edw. 4. 11. And if an action be brought against Executor of his own wrong hee may plead that administration is granted to such an one and the Party dyed Intestate and demand Judgment if action for he shall not be charged for more goods then came to his hands But if a man administer of his own wrong and after rightfull administration is committed to him yet he may be charged as Executor of his own wrong insomuch that Right of action is attached in him But this seems for the goods that he hath administred before rightfull administration committed unto him And he cyted 14 Eliz. Dyer 305. b. where in debt brought against one as Executor which pleads never Executor nor ever administred as Executor and the Plaintiffe replies that he administred as Executor of the Will c. and so to Issue And in Evidence the Defendant shews Letter of administration to him committed of goods of the dead by which he administred them and before that he did not administer and this seems there to be good Evidence but the Book was Quere of that and for that he would rather plead that in abatement of the Writ and so the Book inclined also And he conceived here that the medling with the goods here by the Defendant as Administrator made him Executor of his own wrong insomuch that it was for Funeralls and when it is a work of Charity and the other is to preserve them And the Defendant hath not conveyed himselfe to be Executor insomuch that he said that administration was committed to him by an Arch-Deacon and he doth not say that Administration of right belonged to him to commit insomuch that hee hath but a sub-ordinate Jurisdiction And the Common Law doth not take notice that he nor no other but the Ordinary hath such power and for that the power of all which have such subordinate and peculiar Jurisdiction is pleaded that ought to be shewed as it seems by 1 Ed. 4. 2. a. b. 22 H. 6. 23. And the rather when this is pleaded by the Administrator himselfe which ought to have notice of that and make title to himselfe and if so it be then he conceived that the Recovery by Hornego was void and so all the goods confest remain as Assets Also he conceived that if the Executor allow a Writ to suffer Judgment to be had against him upon a Writ which is abateable he shall not have allowance of that but this shall be returned as Devastavit as in 10 Edw. 3. 503. a. If the Tenant vouch when he might have abated the Writ he shall lose the benefit of his Warranty So here and Com. Manwells case 12. a. 22 H. 6. 12. 〈◊〉 Also he conceived if a man be charged as Administrator where he is no Administrator he cannot plead that he never administred as Administrator but he ought to traverse the Commission of Administration as it appears by 21 H. 6. 23. And it seems also to him and by 9 Edw. 4. 33. that if a man be an Executor of his owne wrong and after administration is committed to him and he is charged as Executor after administration committed that the Writ shall abate otherwise if administration be committed hanging the Writ So if a man be made Executor and hee not knowing of that Iues letters of Administration he shall be named Administrator and if after when he hath notice of the Will he proves it then he shall be impleaded by the name of Executor for in such manner as the power is given to him by the Bishop he shall be charged and it seemes though that he plead where he is Administrator and is sued as Executor or otherwise in such manner that hee might have abated the Writ or suffer Judgment yet the Writ shall abate and he intended also that Executor of his owne wrong might pay debts due to another and shall be discharged and shall not be charged with more then he hath in his hands And if two Executors are joyntly sued and one confesse the action this shall bind him and his companion also for so much as he hath in his hands But if an Executor of his own wrong confesse the action this shall not prejudice him which is rightfull Executor and so he conceived that judgment ought to be given for the Plaintiff Warburton Justice conceived that the Barr is good notwithstanding that he did not shew that the Arch-Deacon had power to grant Administration insomuch it is no Inducement and the Defendant doth not relie upon it as Littleton saith in Trespasse where the Defendant pleades that it was made by two and the Plaintiff releases to one and if the Defendant pay due Debts it is not materiall whether he have Authority or not though that it be in another respect As if a man be Indicted of man-slaughter and aquitted and after is Indicted of Murder by the same man he may pleade another time aquitted insomuch that these are matters of substance But here it is but of forme and then if it be not shewed it is not materiall But the matter upon which he relied was insomuch that the Action was brought against two Executors and one hath confessed the Action And he intended without question that if this shall bind his companion and for that he will not dispute the other questions but declares his opinion cleerely that the Plaintiff ought to have Judgement against both these Defendants upon the confession of one and this shall bind his companion Wynch Justice conceived that the Plea is good by Administrator without traverse insomuch that it is to the Writ as it
which was Obligamus nos vel quemlibet nostrum adjudged to be joint and severall at the Plaintiffs Election Action of Debt upon an Obligation to perform an award and the breach assigned for exhibiting a chancery Bill and adiudged no Breach Action of Debt for Tithes the Defendants time ended before the Coâ—n carried yet held good for the Plaintiff An Action will lie against a stranger that shall carry away the Corn before the Severance Dower may be brought against the Heir or Committee of the Ward Nota. He in Reversion received after Default made by Tenant for Life Return of the Sheriff adjudged insufficient being too general No Writ of Error lies untill the value be inquired upon Implication not good in a Surrender though it be in a Will Challenge because the Sheriff married the Daughter of the Lessors Wife and held no cause Nota. How to execute a Lease to try a Title the Land being in many mens hands Originall against four and count against 3. without a Simulcum and held naught The intent of a will must be certain and agreeable to Law Nota. How to execute a Lease by Letter of Atturney A Venire facias of the Parish adjudged good A mistake of the Cursitor in the Originall amended after Triall Nota. Though the Defendants Plea be naught yet the Plaintiff shall not recover because he shewed not any Title by his replication The question is upon the Statute of 32 H. 8 upon Feoffements made by Husbands during the coverture A verbal averment shall not overthrow a will The mistaking of the Town not hurtfull in a Will Property of Goods cannot be in obayance Difference between Prescription and Custome Copihold Land cannot be demised for three years without license or custome Record of Nisi prius amended by the Roll. Concord with satisfaction a good Plea in Eiectment Misconveyance of process what it is and helped by the Statute A feme covert cannot make a Letter of Atturney to deliver a Lease upon the Land When a demand shall be made to the person and when upon the Land A Lease made to three for their lives with a Covenant that the Land should remaine to the survivor of them for ninety yeares a good interest in the survivor A precise Verdict makes the Declaration good which otherwise is naught A demand of Rent to avoid a Lease upon a condition ought to be in the most open place After an Imparlance cannot plead in abatement 22 H. 6. 6. Foxlies Case 5 Rep. 111. The day of a Copihold of Court roll traversed and adjudged naught Houses in London passe by the delivery of a bargain and sale without inrolment An Ejectment will not lye de aquae cursu A Servant is a sufficient Ejector if he dwell with the pretended owner He that is a Purchaser of Copihold hath nothing in it nor can he surrender to another before admittance How an Abatement shall be traversed 1 E. 4. acr 1 E. 4. 9. acr The Bill amended after a Writ of Error brought and before the Record was removed Where the Prenomen destroyesthe quantity inthe declation Where words in a Declaration shall be voyd rather then the Declaration shal be voyd Nonage shall be tryed where it is alleadged and not where the Landlyes Essoin lies in a writ brought by Journes account although he was essoined upon the first Writ By Deed an implicationbe intended Nota. By the Name of a Mannour the Land in all the Villiages will pass Nota. Action brought by the Servant in his own name part of the Goods being his Masters Nota. Nota. The Record of Nisi prius amended upon motion The Process in Partition Error in Partition upon the first Judgement Defendant pleads he had brought a Writ for the same land and adjudged no plea. Process in a Quare Impedit Exception taken to the Venire and over-ruled Severall Quare impedits may be brought against severall men Admittance of a Resignation by fraud takes not away the Kings Title The state is determined by the death of Tenant in Tail A presentment by words good Nota. A subsequent debt to the Qu. related to award an assurance made upon good consideration The King hath lost his presentation by the Clerks death Defendant pleads another writ depending against the said Bishop good The Bishopsplea shall not prejudice the Incumbent Nota. Liberty to make Leases A devise for years in confidence the condition must goe to the estate and not to the use The scisin of rent reserved upon a Feosment within the time of limitation not to be traversed Nota. The beast of a stranger shall not be distreined for rent except they have been upon the land some time Demand not necessary in a Replevin for rent Nota. Exctâ—tion to the advowry too late after judgment entred Replevin not within the statute of 3. Iac. Iudgment arrested for that the plea was naught Nota. Nota. The Plea naught for want of amendment Amends made to the Bailiff not good If one inclose part it is an Extinguishment of Common for cause of vicinage Avowry amended after Entry by consent One of the Juroâ—s names mistaken in the Pannell of the Return and amended upon the Sheriffes Oath that he was the same man If two men distrain one Mare and both have Judgement no Return Court Baron in order to the Mannor Nota. Nota. A lease for life to three to hold successively naught The pannell of the Habeas Corpus amended upon Oath Nota. Atturnment not necessary for a Copy-holder Demand necessary for a Nomine pene Common Appurtenant and purchase part the Common is gone but not if Appendant Nota. Nota. Demand of Rent service upon the Land sufficient Nota. A Commoner may take the cattell of the Lord damage fesant Judgment arrested for not shewing in what place the Messuage did lye to which the Common did belong Common when the field and acres unsown the sowing of parcell shal not debar him of his common in the residue When a Deed is perfected and delivered as a Deed one agreement after pleaded in defeasance thereof and when the agreement is parcell of the Original contract it may be pleaded The Defendant in his Demurrer â—nswers not the whole Declaration and Judgement reversed The mistake of the day of an Act by way of Bar not prejudiciall A confession after an issue joyned refused A Constable cannot detaine one but for Felony Marshalsey hath no authority to hold plea in debt except both are of the Houshold Judgment before a wrong Officer erroneous The Court could not mitigate damages in trespass which was locall The Defendant justifies the imprisonment by the command of the Maior of London and naught Just of Peace cannot command his servant to arrest in his absence without warrant in writing If a servant be beaten dye the Mr. shall not have an action for the losse of his service Declaration shall not abate for false Latin A man cannot prescribe to be a Justice of the Peace If
a Book that ought not be given in evidence the Court above cannot remedie it except it be returned with the Postea A release to Tenant at sufferance void Commoner cannot chase the Lords Cattell if the surcharge be Common The Statute of 13 Eliz. for non-residence a generall law Where Husband and Wife shall be joyned and where severed in Action The Venire facias vicious no damages in Partition If the Jury find a man guilty in Trespass for a foot where it is layd in an Acre good enough and so in all Actions where damages onely are to be recovered Nota. Error assigned because in trespass nothing was entred of the Fine c. where it was a continued trespass and part of it was layd to be after the Pardon Nota. Nota. If the verdict find the tenure in substance though not in manner and form it is good intrespasse Difference between Replevin and Trespass In a writ to enquire of damages the Plaintif is not bound to prove the property of goods but the value only Where of his own wrong without such cause shall be a good issue and where not The Defendant prescribed for a passage over Land and naught it should have been for a way Nota. If the Lord cut the Wood in which the Commoner hath Estovers he shall have an Action of the Case but not an Assise Nota. Nota. Nota. An action will not lie for the counter-part of an Indenture without a speciall grant Nota. A man cannot Justifie the digging of a mans ground in hunting a Badger Nota. Nota. One Venu out of two places in the same County Whether a Copyholder may lop the trees growing upon his Copy-hold and held he might The Copy-holder is in by custome which is above the Lords estate The Copy-holder shall have trespas upon the Case against the Lord for cutting down of trees Nota. Nota. Nota. Nota. Nota. Nota. Waste in the Tenuit for digging of Sea coals Custodes Brev. Capital Prothon Sedi ' Prothon Try ' Prothon Cliri ' Warr. Cliri argenti Regi Cliri Error Cic. lib. 1. de Invent. Rhet. Prohibition upon the statute of 23. H. 8. Chap. 9. Prohibition to the High Commissioners High Commission Prohibition Joynt prohibitions and severall Counts Prohibition upon the statute of Symony upon the stat of 31. Eliz. Prohibition upon the Statute of 32 H. 8. for the dissolution of the Hospitall of Saint Johns of Jerusalem For not setting forth Tythes Husband sue only Prohibition to the Cort of Requests Against Forreiner for Ornaments for the Church and for Sextons wages Admiralty Contract for retaining of Tithes Admiralty Prohibition At the Archess discussed in right of Office Prohibition Admiralty for staying ships for Ballast High Commissioners and their power in Ministring Oâ—th and taking obligation High Commission Clandestine marriage Admiralty Coâ—rt if a thing done beyond Sea shall be there tried Agreement by word â—…p back tithes Where a Prohibition shall be granted without Action hanging High Commissioners Alimony Adultery Houghton Shirley Barker Court of Admiralty's Jurisdiction Admiralty Prohibition Modus decimandi Prohibition to a Court Baron Replevin 2. Executors one refuses Waste 2. Executors one refuses Bargaine and sale upon Condâ—… Ravishment of Ward Mich. 〈◊〉 Jacobi Rot. 213. Common of Pasture Trespasse Ejectione firmae Common Recovery Judgement in Debt Accompt See the beginning fol. Debt by Executor Administrators during the minority of the Executor Action upon the Case for words Replevin Attornement of Tenant being under age of 21. yeares Shirley Harris Harris Montague Hutton Surrender after Statute acknowledged Executors sued and also the Heire Court of Equity Debt upon a Bill Harris Shirley Fealty gives Seisin of all annuall Services Atturney brings Action of Debt for Fees Survivor doth not hold amongst Merchants to have all Award void Action upon the Case for words Devise that Executors shall sell Land A Towne incorporated with the consent of the greater part Action on the Case for slander Action upon the Case for suing one in a Court which hath no Jurisdiction Prescription for Common for Beasts without number Priviledge out of higher Court Fine amended Feoffinent to a Son and Heir for a valuable consideration Avowry Teste of a Venire facias amended after verdict Ejectione firme Ejectione firme Dodridge Houghton Replevin Grant without date Obligation Accompt Information Dodridge Hanghton Montague Dodridge Dower Debt against Administrator Commission to the Councell in Wales Caveat to a Bishop If administraon to the next of blood cannot be repealed Action for words Trespasse for breaking a House and taking a Cow Haughton Barker Barr not good Copy-hold intailed Extent upon a Statute Summons in Dower Patent of a Judge of the Common bench Action upon the case for slander Haughton Barker Periured Actionable Trespasse for imprisonment Dodridge Hutton Coram non judice Judgement void Shirley Wynch Foster Arbitrement Lease by the Dean and Chapter of Norwich Hutton Haughton Office granted by a Bishop Assumpsit Wilt of Right Haughton Nicholls Dower of titâ—e of Wooll Attachment Executrix during nonage Nicholls Harris Copy-holder Harris Dodridge Coke Replevin Waste Informer Lybell Debt against Administrator Copy-hold Coke Revocation of Uses Dodridge Nicholls Dodridge Nichols Wynch Warburton Coke Common Recovery Obligation to perferme Covenants Arrest of Judgment Audita querela Wast Estrepement awarded Ejectione firme Refusall Lord of a Mannor inclose the Demesnes adjoyning to the Common Warrantia Charte Dodridge Nicholls Devise of a Lease Dodridge Harris Assent to a Legatee Remainder of a Chattell Sherley Debt by Obligation Request is necessary for his Rent though that he have a bond for performing Covenants Nichols Debt Wynch Warburton Debt against Executors Davis What acts doe make an Executor De son tort what not Barker Warburton Wynch Trespasse Harriot Nicholls Harris Coke 253 Eliz. Dyer 193. a. Wrensfords case accordingly Warberton Wynch Release Cinque Ports Tenant for life with warranty Nicholls Haughton Wynch Warburton Ayd granted Coke Wynch Verdict uncertaine Falkland What is so called Warburton Coke Quod non occupantur conceditur Debt against Administrator for Rent in the Debet and Detinet Chibborne Detinet onely 2. Heire charged in Debet and Detinet 3. Towse Crook and Harris Joynt Covenant shall survive Copy-holder shall hold charge Error Elegit Testatum where no Writ had issued Confirmation to a Copy-holder destroys Common Expresse Covenant qualifies Covenant in Law Prohibition Defendant re-enters after Possession delivered by Habere facias possessionem Custome among Copy-holders Nonsuit after Verdict Reservation of Rent Michaelmasse or ten dayes after Grant of Common extinct Exposition of Usage Ejectione firme Errour Abatement of a Writ by entry Markhams Grant Earle of Rutlands Patent Challenge Earl of Rutlands Patent Challenge Abatement Errour Variance Seisin Abridgment of the Plaint in Assise Yelverton Fenner Challenge prin Flemming What matter shall be assigned for Error after Judgement Variante Challenge Seisin Misnaming of a Corporation Walter Yelverton Fenner Flemming Prohibition Prohibition A married Wife cannot make a Letter of Attorney Replevin Warburton Justice Walmesley Re-entry after possession executed Slander of Attorney Grand Cape Petit Cape Waging Law Release Inn-Keeper in London Action of false Imprisonment Serieant Harris the younger Walter Walmesley Coke Priviledge Assise View Coke Walmesley Challenge Errour in a Fine Barwick Returne of Writs Idemptitas nominis Fine Infant Tayle Maintenance Habeas Corpus Prohibition Trespasse for Slander Party Jury of two Counties Action upon the Case for Slander Errour Covenant for Rent Continuance Assumpsit Consideration Debt against Executors Errour Ve. fa. hab Carpus Formedon in Remainder Challenge Partition Dures Action upon the case for slander Prohibition Will. Devise Priviledge Postea 218. Adjournment of Tearm Infant levies Fine brings Errour Action upon the Case Action upon the Case Debt for Obligation Hutton Dodridge Court Sheriff committed to the Fleet. Grant of a Rent Priviledge of London Harris Hutton Where the Owner of Wood may Inclose Hutton Arbitrement Submissior Revocation Devise and grant â—enures to bargaine and Sale Harris Lease to determine upon Limitation Grant of the King that the Burrough should be incorporated Bayle Suit begun hanging another Writ Casuall intire Services Harris Nicholls Foster Dauiell Warburton Walmesley Coke Trade with Infidels without License Prohibition to the Court of Requests Approvement of Common Walmesley Foster Action upon the Case for Slander Bankrupt actionable Grant of Reversion Error in Proclamation Forfeiture of Office of a Chiroghapher Release Error in a Writ of Dower Copy-hold Certificate of the Bishop Minister Arrested Grant of the King of Alnage Haughton Dodridges Statutes how to be understood c. Account Devise of a Teerme Award Submission Arbitrement Where the death of the Defendant in Execution shall be satisfactory Dodridge Certiorari Outlawry Hutton Foster Debt upon escape against whom Warburton Land extended at too high rate Walmsley Coke Harris Haughton Foster Justice Warburton Walmsley Coke Charta de Foresta Assise Office Trespasse Estovers Boote its signification c. Nicholls Walmesley Coke Fee when forfeited Trespass Grant le Roy.