evidence that the House was burnt by the Kings enemies or by Thunder or it was ruinous at the time of the Lease is good And so every thing that is no waste for that proves that the Plaintiffe hath no cause of Action 12 H. 8. fol. 1. and 22 H. 6. fol. 56. In maintenance not guilty evidence that the thing that is done is no maintenance is good Action of extortion against the Sheriffe which pleads that he tooke not and evidence that by prescription hee hath Barr fee of every one which he takes and is good for it is no extortion 21 H. 7. fol. 17. 4 E. 4. fol. 5. Trespasse The Defendant pleads not guilty and gives in evidence that it is the Feeehold of another and good for then the Plaintiff hath no cause of Action 2 H. 6. fol. 26. Debt upon arrearages of account he owes him nothing in manner and forme and evidence that there was no such account is good for hee hath no such cause of Action 2 Mar. and 33 H. 8. tit Action upon the Case and Count upn finding the Goods and converting them to his owne use the Defendant pleads not guilty and gives in evidence that they were not the Goods of the Plainliffe for he hath no cause of Action 5 H. 7. fol. 3. the same 10 H. 7. fol. 24. Cessavit That he held diverse Lands by intire service he did not hold in manner and forme and gives in evidence that he holds by severall services is good for he hath no such cause of Action 27 H. 8. fol. 25. Trespasse of Goods carryed away the Defendant pleads that the property of the Goods was not in the Plaintiffe and that is no plea in Trespasse but in Replegiare And some for that seeme that this is no good evidence in Trespasse upon a Plea of not guilty 9 H. 7. fol. 3. Debt for Rent upon a Lease for yeares that he oweth him nothing and evidence that he did not demise is good Vpon a generall Issue the Defendant by evidence to convey to himselfe interest and title is good evidence TRespasse of Gashaukes taken not guilty and evidence that he had a Lease of a VVood for yeares where they were taken it is good for it is a title 16 E. 4. fol. 2. Trespasse The Defendant pleads his Free-hold and gives in evidence a Fine with Proclamation it is good for it is a Title 27 H. 8. fol. 27. Trespasse not guilty and in evidence a Lease for years is good 12 H. 8. fol. 2. Account of receit by the hands of J. S. the Defendant pleads he was never his Receiver and evidence J. S. gave that to him is good 2 H. 4. fol. 13. Action upon the case of finding Goods and converting them to his use the Defendant pleads not guilty and evidence that they were pawned to him for ten pounds is good 4 E. 6. Br 113. Trespasse not guilty the Defendant may give a Lease for yeares in evidence contrary of a Lease at will for this is determinable at pleasure 25 Hen. 8. Generall Issue 82. Trespasse of Goods taken the Defendant may plead not guilty and evidence that he recovered and had them delivered in Execution and is good 22 Booke of Assises 73. Trespasse not guilty and evidence that the property was to J. S which gave them to him is good 9 H. 6. fol. 11. Assise by a Woman no wrong and evidence that her Husband enfeoffed him is good 45 Book of Ass 8. Defendant upon a generall Issue if by evidence he acknowledges that he did the wrong and justifies it and gives matter which goes to discharge him of the act by Justification this evidence is not good but he ought to have pleaded that TRespasse not guilty and evidence that the property was to J.S. and that he as servant and by his commandement took them it is not good for he acknowledgeth by the evidence that he made the trespasse and justifies that 25 H. 8. Generall Issue 81. Waste No waste made is pleaded and evidence that the Plaintiffe let to him the House and Land by Deed and granted to him by the same Deed that he might cut Trees to repaire that it is no good evidence The same Law in Debt he owes him nothing and evidence that the Plaintiffe hath released that to him The same Law in Trespasse of Battery not guilty and evidence that he did that in defending himselfe it is not good The same Law in maintenance not guilty and evidence lawfull maintenance it is not good for these matters in evidence are justifications which goe in discharge of the party and not by title but by Justification 12 Hen. 8. fol. 1. Trespasse not guilty and evidence that he had a Close adjoyning that the Plaintiffe ought to inclose and for not inclosing they enter it is not good for it is contrary to not guilty and is a Justification 19 H. 8. fol. 6. Trespasse not guilty and evidence that it was the freehold of J. S. and that he licensed him to enter by vertue of which he entred it is not good for it is Justification 4 Ed. 4. fol. 5. Trespasse of Battery not guilty and evidence that it was made in his defence not good 11 H. 4. fol. 63. 25 H. 8. Br tit Generall Issue 81. In Assise or Trespasse if the Defendant pleads no wrong or not guilty he cannot by evidence intitle a stranger and justifie by his commandement So for Common Rent service Rent charge or justifie by license these ought to be pleaded and not given in evidence contrary of a Lease for yeares 34 H. 8. Title Generall Issue 89. Debt upon an Escape out of execution Defendant cannot say that escaped not and give in evidence that he was not arrested for that is in Plea 27 H. 8.21 By Fitzherbart and Shelley in Debt upon the Statute of 21 H. 8. against a Vicar for taking Farmes the Defendant saith that hee neither had nor kept to farme against the forme of the Statute he may give evidence that he took that for maintenance of his House by the Proviso in the Statute notwithstanding â—awdweâ— denyed it 20 H. 6. fol. 24. Debt upon arrearages of account the Defendant saith hee oweth him nothing in manner and forme and gives in evidence that there was no such account and by Newton it is good and yet he might have pleaded no such account 22 H. 6. fol. 56. Debt against Abbat for borrowing he may account generally that the ten pounds borrowed came to the use of the House and give in evidence how as in buying of Bread and Drink Evidence which is contrary to that in Issue or which is not answerable to the matter in Issue is not good NOthing passed by the Deed and evidence that it is not his Deed is not good for it is contrary to the Issue and to that which he acknowledged in his Plea by Implication 5 H. 4. fol. 2. Mortdancester The Tenant saith that he is ready to heare the
all the House 15 H. 7. fol. 11. By Fineux where a Farmer of a Wood makes waste in one corner this onely is forfeited but if it be in divers places of the Wood all is forfeited and the plots in this also 15 Ed. 3. Tit. 108. See the time of Ed. 1. Tit. 122 VVaste against Guardian 4 Ed. 6. Tit. 136. By Bromley if a man make waste in hedge-rowes which inclose a Pasture nothing shall be recovered but the place wasted that is the circuit of the Root and not the whole Pasture 41 Ed. 3. Tit. 24. B. Fitzh 60. T. If a Guardian make waste and the Heir being within age bring a writ of waste by this the Guardian shall loose the VVardship and over that his Damages to as much as the waste amounts unto But if the Heir were of full age that he looseth not the VVardship then he ought to recover treble Damages for that that he cannot loose the VVardship according to the Statute of Glocester 43 Ed. 3. f. 6. VVaste it is a good Plea in Barr that the House fell by Tempest and if he covenant to repair that it is no plea in Covenant 49 Ed. 3. fol. 1. VVaste it is a good Plea that at the time of the Lease that the house was weak and that the great Timbers were rotted that it fell for if any the principal Timbers were rotten it is no waste though he covenant to repair it 8 H. 6. f. 57. Waste it is a good Plea that the Plaintiff hath entered into the Land before which Entry no waste made 8 H. 5. f. 8. Waste it is a good Plea that he surrendred to which the Plaintiff agreed before that no waste made 9 H. 6. f. 11. Waste by the Heir is a good Plea that the Plaintiff hath an elder Brother which survived the Plaintiff and after died after whose Death no waste made and a good Plea 44 Ed. 3. f. 27. Waste against a Guardian in Knight-service who saith that after the Death of the Ancestor J. F. abated against whom the Defendant recovered in a VVrit of VVard after which Recovery no waste made and it is a good Plea 12 H. 4. f. 6. VVaste it is a good Plea that that fell before the Lease 19 H. 6. fol. 66. VVaste that he suffered the House to be uncovered by which the great Timber rotted it is no Plea to say Day of the VVrit purchased the House was sufficiently repaired but to say after the waste and before the VVrit purchased it was sufficiently repaired 8 H. 6. fol. 61. VVaste held where Land is given to the Husband and the VVife and the Heirs of the VVife and the Husband discontinues in Fee and takes an Estate for life and the VVife dies the Heir of the VVife shall not have waste before that he hath purged the Discontinuance 8 H. 6. f. 63. Fitzh 59. E The heir within age shall have a writ of waste against a Guardian in Socage 2 Ed. 2. Fitzh the same Nat. bre 58. If a Guardian in Socage make waste the Heir when he cometh to full age shall have an action of account for that 14 Ed. 3. tit 107. It seems that waste lies against a Guardian in Socage tit 100. Fitzh Fitzh 58. H. There is a writ of waste in the Register for him in reversion against tenant by Elegit which hath the Lands in execution but it seems he shall not have waste for that that he may have a venire facias to account and there the waste shall be recompenced in the debt but by the action of waste he shall recover treble damages which he shall not have in the account Nat. Bre. fol. 37. waste doth not lie against tenant by Elegit nor against tenant by Stat. Merchant but if they make waste account lies 42 Ed. 2. tit 11. fol. If a Lease be made to one to use it in the best way that he can now he cannot make waste 17 E. 3. tit 101. If a Lease be made to one so that he may make his profit of that c. yet it shall not be intended such as common right gives him for he cannot pull down abouse and make waste Action upon the Case Action upon the case in Court baron and other Court and first for slander IT lies for calling one traytor felon and robber of the Kings people and that is to be noted in Iustice Seatons case 30. Ass 19. 22. Book of ass 43. presentment that one a is common Malefactor or a common thief or a common Baretor is not certain and is not good and so it is thought by divers to say that one is a common malefactor or a common baretor this action doth not lie for it is too general 2 Ed. 4. fol. 5. For calling one villain it seems that action upon the case doth not lie 17 Ed. 4. fol. 3. Saith there that an action upon the case doth not lie for calling the Plaintiff villain without more Nat. Bre. fol. 55. There are two desamations or slanders the one spiritual the other temporal temporal where he cannot be punished by the spiritual Law as to say that the Plaintiff is out-lawed of murder conspiracy forging of deeds c. 30 H. 8. tit 104. Lyeth for calling the Plaintiff perjured man for now perjury is punishable in our Law by the Statute of 5. Eliz. yet inquire for that it is not in what Court or cause he was perjured Register fol. 54. For calling the Plaintiff Adulterer or Usurer Defendant shall be punished in the spiritual Court and there doth not lie an action upon the case 4. Ed. 6. tit 112. Lies for calling the Plaintiff a false Justice of Peace 27 H. 8. fol. 13. It lies for calling the Plaintiff theif and inditing him of felony and note the words of the writ are that he is hurt in his goods his name fame and condition 26. H. 8. fol. 11. For calling the Plaintiff Thief and saying that he hath stolen sheep of one I. S. It lies 17 Ed. 4. fol. 3. Lies for writing slander in a paper by which he durst not go about his business 27. H. 8. fol. 17. For calling the Plaintiff Heretick and one of a new learning it doth not lie Book of entries fol. â—2 A president there in an action of the case for calling the Plaintiff false man but inquire if it lies for there was not there exception taken and there is there another president for calling the Plaintiff theif and saying he hath received 20 l. value of his goods In the Book of Entries fol. 13. there is another president of an action upon the case that a certain Letter or Bill with divers slandering words and defaming in the said Bill or Letter he caused to be writ It was the opinion in the Kings Bench that for calling the Plaintiff Rogue Cozener or villain action upon the case doth not he for you shall not have action upon the case for every word of anger reproachful for it is
obtain the good will of the first Lessor and pay so much as he shall arbitrate and he obtain his favour this is a good Contract but there agreed that is but a Communication without Quid pro quo forthwith or at the Day agreed as here If you say that you will give to me ten pounds for my Horse and you do not pay forthwith it is no Bargain but if you be telling out your Money he cannot sell that to another in the mean time for there was no fault in you but if Agreement be that you shall give ten pounds for my Horse and I give a Penny in earnest that seems a perfect Bargain and you shall have the Horse and I shall have the Money by Action of Debt 15 H. 7. f. 6. 10 Ed. 4. f. 21. If a Preist be hired to sing for ten pounds per annum he is not compellable to serve as a common Laborer is but if he depart within the terme his Wages is intire and shall have nothing and there it seems if one sels his Horse to me for twenty shillings he may keep him till I have paid him 17 Ed. 4. f. 1. Trespasse of Corn taken Defendant saith the Bargain was that the Defendant should go to J. S. and see the Corn and if they liked upon the view and gave forty pence for every Acre that he should have it and saith that he liked them upon the view and took them and it is no good Plea for notwithstanding the Bargain was that he should have upon his good liking upon view yet it is upon giving sorty pence for every Acre also and he cannot take them before he pay for that is parcell of the Contract And so if one agree upon the price for Wares he cannot take them before he pay unlesse he have Day of Payment given unto him 18 Ed. 4. f. 6. The Husband sels Trees growing upon the Land of his Wife for twenty pound and the Buyer takes part of the Trees and paid ten pound and after the Wife died without Issue so that the Husband shall not be Tenant by the Curtesie The Husband shall have Debt for the ten pound for that that the contract was intire and yet the Buyer shall not have the residue of the Trees And where one sells another mans Horse which he hath by wrong for ten pound out of an open Market and the owner take the Horse as he may yet debt lieth for the ten pound for that that the Contract was once executed and by Brian if one sells a Horse for ten pound he may keep him if he will till he be paid 20 H. 6. f. 22. A man seised in fee of land sels the trees and after makes a Feoffment in fee to another before the cutting the buyer shall have the Trees 21 H. 7. f. 6. by Fineux If one ask the price of a Cloth of a Merchant in London and he saith twenty shillings and the party saith he will give it and he takes the Cloth the Merchant may have action of Debt for the twenty shillings or keep it till he be paid and if the other take it against his will he shall have trespasse at his choise 14 H. 8. f. 17. If I sell my Horse for so much as J.S. shall say it is said it is no bargaine forthwith but if he sell that to another before J.S. have said what he shall have I shall have an action upon the case 23 H. 6. f. 50. Debt the Plaintif counts that he sold twenty Acres of land to the Defendant for twenty pound which he demanded and by Newton though the Plaintif do not infeof the Defendant yet he shall have Debt and the Defendant shall have an action upon the case against the Plaintif See 3 H. 7. f. 14. 2 H. 7. f. 12. Action upon the case lies for that that the Defendant hath bargained and sold to him lands and that he hath infeoffed another of them and the Defendant traverses the Feoffment to another and that proves that this is the cause of his action and not the bargaine 18 Ed. 4. f. 16. If the bargaine were that the Plaintif should give ten pound for so much wood if he liked it or it pleased him upon the sight thereof this is a bargain at the buyers pleasure Now if first upon the sight they disagree then it is a void bargaine though he after agree to it and if he agree upon the sight it is a perfect bargaine though after he disagree 5. H. 7. f. 41. One sells Goods or Wares and after the Sale he warrants them this warranty made at another time then at the Sale is void 9 H. 7. f. 22. If the Seller warrant the thing sold the Buyer may have deceit though he hath not paid the Money for the Seller may have Debt 10 H. 7. f. 7. Agreed by the Court If I sell certaine Goods to another for a certaine sum although he do not pay the Money if a day of payment be appointed that is a good bargaine and the property altered by this sale And by Hussey and Briaâ— A Victualler shall be compelled to sel his victuall if the Buyer tender him ready payment and otherwise not 39 H. 6. f. 18. contrary by Prisot 21 H. 7. f. 6. By Fineux If one demand the price of a Cloth of a Merchant in London and he saith twenty shillings and the party saith he will give it and takes the cloth it is in election to make that a bargaine and to have an action of debt or to keep it till he be paid and if the other take the Cloth by reason of this bargaine against his will he may have action of trespasse Plow Com. f. 309. Where one undertakes by word to make a House without consideration that he shall have no action Plow Com. fol. 11. There saith That bargaines or agreements conditionall shall be said good after that the condition is performed but before they are but words 44 Ed. 3. fol. 21. Where one becomes suerty for J. S. and in consideration will give him longer day of payment if J. S. do not pay he will action upon the case lies 27 H. 8. f. 33. If I sell to you twelve barrells of Ale you shall not have the barrells but the ale but if it were twelve barrells of Wine it is otherwise for this is the usage and intent 1 H. 7. f. 13. Debt upon buying Oyle for a hundred Markes paid and so though of simple contract it seemes the Defendant may say that he bought with condition that he should pay when he had uttered them without that that the Plaintiff sold in manner and forme though he might have waged his Law 21 Ed. 4. f. 49. Debt of buying a Horse at I. in the County of Middlesex Defendant may say that he bought him in London upon condition without that that he bought him in I. in the County of Middlesex but he cannot say that he bought him in another
and it seemeth I have not seisin to maintaine an action of my owne seisin in the Lords Court unlesse I be Tenant to the Lord and that is where I am admitted for by the admittance of the Lord it shall be said The Lord hath granted seisin and he is admitted Tenant And by this he is Tenant to have an Assise and not before yet before he may take the profits though there be no Court to he admitted for it was no folly in him but may have his action at the Common Law upon the possession of his Ancestour which was admitted though I were not admitted And so where my Father dyeth seised of a Copi-hold in Fee and I am admitted and after another makes claime to it and is also afterwards admitted and enters he cannot have a Plaint in nature of an Assise of novell disseisin against me for 26 H. 8. fol. 3. If one he admitted instituted and inducted to a Benefice and after another be presented and outs him he shall have an Assise or a Trespasse but he presented cannot And so if there be Grandfather Father and Son and the Grandfather was admitted and dyes and the Father enters and dyes before admittance the Son in this case shall have a Plaint in the nature of a Writ of Ayell and not an Assise of Mortdancester And by the Statute of 32 H. 8. chap. 2. it is Enacted that no person shall sue have or maintaine any action for any Lands or Tenements upon his owne possession above thirty yeares next before that began If the Lord of a Mannour grant by Copy the Tenements of a Copi-holder without lawfull cause in Fee or for life and the Grantee enter hee which hath right may have an Assise against the Grantee if he were first admitted As the King by his Letters Patents grants to another my Land and the Patentee enter by force of this Grant I shall have an Assise If a Copi-hold discend the heire shall have a trespasse at the Common Law before admittance as above Seisin of Assise What Seisin is sufficient to have Assise and what not THe Warden of an Hospitall shall have an Assise of Rent where his Predecessor was seised and not he himselfe for the seisin of the Predecessor is the seisin of the House 15 Ed. 3. Tit. 39. accordingly of an Abbot and Prior Fitz. fol. 179. c. and 8. As 16.3 As 5. according also of a Chauntry Priest 34. As 5. Assise is not maintainable against him which hath but a free hold in Law for of that seisin an Assise doth not lye and yet of that seisin a Wife shall be endowed Litt. fol. 152. If a man which hath a title to enter set his foot upon the Land and is outed that is a sufficient Seisin to have an Assise 22 Ed. 3. Br. Seisin 52. If one put in his Beasts to use my common by my commandement this is a sufficient Seisin for me to have an Assise 45 Ed. 3. fol. 25.22 Assise 84. Reversion is granted to J. S. and the Tenant for life attorne and dies and J. S. enter by the Windowes for that he cannot enter by the doore and when one half of his Body was in he was pulled out and yet that is a sufficient Seisin to have an Assise 8 booke of Assises fol. 25. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but it is sufficient Seisin to make Avowrie for all that is as well for the Rent as for the Fealty 44 Ed. 3. fol. 11. by Thorpe 3. Ed. 3. Tit. 40 3. Ed. 3. Journey to Norfolk 20. H. 3. Tit. 433. 49. Ed. 3.15 and 45. Ed. 3 28. A Lease is made for life reserving foure Markes Rent and the Lessor is seised of twenty shillings of that and taketh distresse for the remainant and Rescous is made and though but twenty shillings be received yet that is a sufficient Seisin to have Assise of all 8 Ed. 3 fol. 12. Tit. 141.8 Ass 4.5 E. 4.2.12 E. 4.7 If the Lord of a Rent service grant the service to another and the Tenant attorn by a penny and after the grantee distrains and the Tenant makes Refocus here was no Seisin to have Assise of Rent but if the gift of a penny had been in name of Seisin and attornment otherwise it is 5 Ed. 4. fol. 2. Littleton fol. 127. b. Lord and Tenant are the Lord grants the Rent of his Tenant by a Deed to another saving to him the services and the Tenant attorns to that this is Rent seck and if the Rent be denied at the next day of payment he hath no remedy but if the Tenant when he attornes or after will give a penny or a half penny in name of Seisin of the rent then if after the next day of payment the Rent be to him denyed he shall have an Assise and that is a sufficient Seisin to have an Assise for all the Rent Littleton fol 42. Seisin of parcell of Rent is sufficient to have Assise of all the Rent 8 book of Assises 4. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but Seisin of Escuage is Seisin of Homage 21 E. 3. fol. 52. Nat. Brevium fol. 109.5 Ed. 2 Avowrie 209. Using of common by Tenants at will is sufficient Seisin for him in Reversion to have Assise of common If he or his Tenant at will be disturbed 22 Assise according Fitzh fol. 180. By Brudnell of a thing transitory a man shall be in possession without seisure as my Tenant dies his Heire within age I shall have a Ravishment of ward without a Seiser but I shall not have an ejectment of ward of Land which is locall nor Assise of Land without first having possession indeed 14 H. 8. fol. 27. If one recover and be put in by a Clod in the half by the Sheriff and he against whom the recovery was will not go out yet that is a sufficient Seisin to have an Assise 2 Ed. 2. Tit. execution 119. If a man holds of the King in cheife and holds other Land of another Lord and dies his Heire within age which intrudes at his full age and paies his Rent to the Lord this is a good Seisin to have an Assise notwithstanding that he hath not sued Livery for the Signiory was not suspended by the possession of the King but only the distresse for after Livery the Lord may distraine for his Arrerages 34 H. 8. Tit. 48.47 Ed. 3. fol. 12. and 13. H. 7. fol. 15. Pleas of Assise by Bailiff Also it is expedient for you to know what Pleas the Bailiff in Assise shall plead and what the Disseiser and what the Tenant after the Bailiffe hath pleaded BAiliff may plead a Plea which is triable by Assise and none other 6 H. 7. fol. 15. Pleas of a Bailiff ought to be such which are triable by the Assise and for that he cannot pray aid of the King 8. H. 7. fol. 12. and 1. booke of
26 H. 8. f. 10. 12 H. 7. f. 10. If the tenant in Writ of Right joyn with the mise after depart in despight of the Court Judgement final shall be given So if he joyn the Mise by a Champion and makes default Judgement final shall be given but if he make default at the Nisi prius and upon a petty Capias yet he cannot save his default Judgement final shall not be The same Law if he make default after default before the Mise joyned Judgement final shall not be Fitzh fol. 11. If a man loose by default in a Writ of right before the mise ioined yet he shall have a Writ of right against him which recovers But after the mise ioined it is otherwise for then upon default after the mise ioined the iudgement shall be finall as well against the defendant for his non-suit as against the Tenant if he make default afterwards 10 H. 6. fol. 2. Right the Tenant vouches and the vouchee comes in and joins issue and the demandant imparles till the next day and at the day the Tenant was demanded and makes default judgement final shall not be given against the vouchee there 1 H. 6. fol. 7. Where the mise is joined by battell in right and after the champion of the Tenant maketh default judgement finall shall be given Time of Ed. 1 Tit. 44. if the Tenant make default after the mise joined he shall loose the land for ever if he cannot save his default 3 H. 6. fol. 37. If the Tenant in right saith that he hath more right ready to try by battell and the plaintif rejoin and day given and at the day the Tenant makes default And for that that the Justices see a fine by which the Tenant hath but an estate tail they advise of the iudgement and clearly where the Tenant makes default after the mise ioined if it were fee iudgement finall should be Processe in Court Baron is summons attachment and distresse which is processe at the common law 34 H. 6. fol. 53. and 37. H. 6. fol. the same By Martin one cannot have a Capias in Court Baron nor execution there by Capias to satisfie but the naturall excution and processe is attachment of goods as after more at large appears 3 H. 6. fol. 56. Processe upon plaints for Coppy-hold land is the same processe which is at the common law in nature of what Writ the plaint is Amerciament in Court Baron for suit and otherwise and what remedy for that and where it shall be moderate MOderata misericordia lies where a man is amerced in a Court Baron outragiously and upon that also lieth Alias pluries and attachment But if the amerciament be affirmed by equals moderata misericordia doth not lie 10 Ed. 2. Tit. action upon the Stat. 34. And note that this is the cause that in all Court Barons three are sworn to ratifie the amerciaments after that the homage hath presented the offences and Bracton calls them Trustees Amercers and Affirmors also it seems to be by the statute of Magna Charta chap. 14. and by Westminster 1. chap. 6. which is that a man be not amerced but by his equals Fitzh fol. 75. A. Debt lieth by the Lord for amerciament in his Court Baron affirmed and there held that the defendant may wage his law in this action also amerciament may be in Court Baron upon the plaintif if he be non-suited and upon the defendant if it be found against him or if he fail of his law Statham 12 R. 2. fol. 65. A free man shall not be amerced for a small fault but according to the manner of that fault and for a great one according to the greatnesse of the fault saving to him his freehold and to a Merchant saving his Merchandize and to a villain saving his waynage And upon this Statute is Moderata misericordia founded as appeareth by the Register And Glanvile saith there is also mercy because who by the oath of lawfull men is amerced shall loose nothing of his honourable freehold Magna Charta chap. 14. If the Lord of his own head amerce any Tenant or party in the Court Baron without cause the party may have a trespasse if he be distrained for that amerciament Fitzh fol. 75. C. If the Steward or the Bailiff wil assesse any amerciament without confirming by two upon their oaths after that the homage hath presented the offenders there is a special Writ thereupon the Stat. of Magna Charta chap. 14. upon these words that none shall be put upon the aforesaid mercies but by the oath of good and lawfull men so that the Steward cannot confirm the said amerciaments by this Statute but the affirors or affirmors Fitzh fol. 76. D. Amerciament in Court Baron which is the 12. and 13. Article of the Charge for a Trespasse done to the Lord and what remedy for it LOrd of Court Baron may have an action of debt in his own Court for amerciament due to him Jurisdiction 117 Suitors for that that the Suitors are Judges there and not the Lord in his Lordship Time Ed. 1. Tit. 177. and Statham 12. R. 2. fol. 5. Debt lieth by the Lord for amerciament assessed in Court Baron and affirmed there and Bracton saith that the ascestors shall confirm that they shall oppresse none for hate nor ease others for love and that they shall not conceal those things which they heare so that the Lord cannot amerce for trespasse done unto himself unlesse by custome and usage otherwise it is extortion The Lord cannot amerce a man in his own Court for trespasse made to himself by the Law but he may by custome but if he levie the amerciament it is a good barr in trespasse be the custome so or not and if it be not used it is extortion 12 H. 4. fol. 9. It seems that for a small trespasse made to the Lord he may be amerced in the Lords Court and if it be confirmed and paid the Lord shall not have trespasse of that 14 Ed. 4.8 and 7. H. 4. fol. 8. If Tenant be amerced in the Lords Court for trespasse to the Lord it is extortion but if the Lord accept the amerciament it is good satisfaction for the prespasse and good barr in trespasse 48 Ed. 3. fol. 8. In trespasse by the Lord it is a good barr that the trespasse was affirmed by the Suitors 48 Ed. 3. fol. 8. and 47. Ed. 3. fol. 19. Attachment in Court Baron upon debt or trespasse or in any other action it seems that he shall forfeit the thing attached upon default and what thing shall be attached and what not let us see By Billing Wangford and Needham that in Pone in Court Baron the goods attached if he make default shall be forfeit to the Lord tit Court Baron 1. Brook report that 37 H. 6. is contrary but this is not in the long report 34 H. 6. fol. 49. If a Bailif attach a beast in Court Baron and it was
been attaint of salse Oath or were seen in the Pillory or Tumbrill or against whom there was Judgement of life and member shall be outed by challenge and these are principal challenges Britton fol. 134. Those which pretend to have some right in the thing demanded shall be outed by challenge and this is a principal challenge the same Law that the juror is a Villaine 9 Ed. 4. fol. 17. Villaine is principal challenge 26 Book of Ass 28. That a juror was outlawed is a principal challenge if he shew the Record 11 H. 4. fol. 40. Abridg. Book of Ass 6. and 21 H. 6. fol. 30. The same Law that a juror was attaint of conspiracy 33 H. 6. fol. 55. 18. H. 8. f. 2. Writ of entry they are at issue and the Plaintif saith that the Sherif and two of the Coroners are his cozens and the other two cozens of the Defendant and praies a Venire facias to others and shall not unlesse all were his cozens for if it were made by the cozen of the Plaintif the array shal be quasht but the Defendant cannot quash the array by that that it is made by his cozens 15 H. 7. fol. 9. Plaintif cannot quash the array for that that it is made by his cozen but may shew that and pray a Venire facias to the Coroners but because it doth not lye in his knowledge the Plaintif may quash the array though the Sherif is of consanguinity or affinity of the Defendant but otherwise it is of his own part 19 H. 8. fol. 7. Defendant challenge the array for that it was made by J.S. cozen of the Plaintif and this found and the Array quasht 10 H. 7. fol. 7. The Array was quasht for that that the Plaintif was Gossip to the Son of the Sherif or for any other cause of the Plaintif 15 Edw. 4. fol. 23. Trespasse by the Arch-Bishop of Canterbury and they were at Issue and the Plaintiff saith that the Sheriffe is his Steward and some of the Coroners are of his Robes and the rest within his distresse and the Defendant confest it and for that Processe issued out to choosers and the array by choosers shall not be quasht but the heads 18 Edw. 4. fol. 8. Where the Array is made by choosers this shall not be challenged but the heads shall be challenged 8 H. 6. fol. 60. The Array in Assise was quasht for that it was made by the Sheriffe himselfe being Plaintiffe and it was also quasht for that it was made by the Coroners at the denomination of the Plaintiffe for that the Court of Office awarded Venire facias to Electors The challenge is principall Cozen of one party Servant of one Master of one Party At other times Brings trespasse against one Eats at the costs of one Is Lord to one Challenges Is within the distresse of one Arbitrater of one Convict of horrible crime Hath right in the thing demanded Now let us see what is challenge for favour WHere one challenges for diverse causes and concludes for favour it is not double otherwise it is of principall challenge 7 H. 6. fol. 44. That the Defendant is Steward of a Mannor of the Juror or that he is within the distresse of the Juror it is a challenge for favour and not a principall challenge but that the Juror is within the distresse of the Defendant is a principall challenge but that the Juror hath marryed the Mother of the Defendant if she be dead and he had no Issue by her it is no principall challenge 14 H. 7. Tit. Brook 71. The same Law where a Juror hath marryed a Cozen of the Defendant which might be heire to him during their lives it is a principall but contrary if the Wife be dead without Issue 14 H. 7. fol. 1. 15 H. 7. fol. 9. It is no principall challenge that a Son of a Juror hath marryed a Daughter of the Plaintiffe 3 Edw. 4. fol. 12. Juror is a Keeper of the Forrest by the Kings Grant and the Plaintiffe is Master of the Game is no principall challenge 16 Ed. 4. fol. 1. It seemes it is no principall challenge if the Juror say he will passe with the Plaintiffe before he be sworne or that hee was laboured 21 H. 7. fol. 32. 7 H. 6. fol. 25. the same That the Defendant hath Trespasse against the Juror depending if it were after the action brought it was suspicious and is no principall challenge 20 Booke of Assise 11. If a Juror be challenged for that that one party hath an action hanging against him if he doe not shew Record of that it is no principall Statham 25 Ed. 3. That the Wife of the Sheriffe or of him which makes the Pannell is Sister of the Plaintiffe ought to conclude of favour 20 Ass 21.26 Ass 21. 22. Where a Juror is returned by name Chamberlaine and Chambers appears it is a challenge for favour and shall be inquired if he be knowne by both names or not 32 H. 6. fol. 23. It is no challenge that the Juror is Parishoner with the Defendant 22 Ass 25. Attaint It is no principall challenge that one of the Grand Jury and one of the Petty Jury have marryed two Sisters 43 Ass 46. In Attaint It is no principall challenge that one of the Grand Jury and one of the Petty Jury are at debate 50 Book of Ass 4. Juror was challenged for malice which he had to the Plaintiffe and tryed and found indifferent 27 H. 8. fol. 25. It is no challenge that a Iuror appeared where he was not summoned if he were impannelled 8 Ed. 3. 69 Fitzh Challenge 4. It is no principall challenge to say that the Defendant is Tenant to the Sheriffe or Bailiffe which makes the Array unlesse it be for favour 26 Ed. 3. Statham Common is the seventh Article which is inquirable ANd for that I intend that when the Statutes ensuing were made for Improvements immediately the Lords have improved their Wafts as much as they could or otherwise they were so moved with charity and pitty to the Poore that more they would not improve for Charity I pray God that that may continue Because many great ones which infeoffed Freeholders of small Tenements in great Mannours of extent c. may improve when they that are infeoffed have sufficient Pasture belonging to their Tenements c. Merton chap. 4. Westmin 2. chap. 46. Recites Merton and gives rate between Neighbour and Neighbour and it is Where it is belonging to their Tenements But if one claime Common for a certaine number by Grant the Lord cannot improve 16 Ed. 3. tit 9. If the Lord improve not leaving sufficient Common the Commonner may break way to use his Common See 17 H. 7. fol. 11. for breaking way 22 H. 7. fol. ult Fitzherbart 179. L. Where one hath a Common belonging or appertaining and is distrained hee shall have an Assise of Common of pasture Seventh Book of Assise 16. 8 Book of Ass 18. Assise
have a Scire facias and upon that an Elegit or a Fieri facias Upon a Recognizance there shall go no Capias but it is used otherwise at this day that is Scire facias returnable into the Chancery and they use now to award a Capias Fieri facias or Elegit 48 Ed. 3. fol. 14. Statute Merchant hath two Seals and one is the Seale of the paray and for that upon that he may have Debt to have execution but Statute staple onely the Seale of the party 15 H. 7. fol. 15. A man may sue Debt upon the Statute Merchant Staple or Recognizance See Statute Merchant Fitzh 122. D. and fol. 77. the same Note that there are foure manner of Executions and note Covin to defeat them void THere are foure manner of Executions that is of body by Capias of Chattels by Fieri facias of Lands by Elegit and after the yeare after Judgement by action of Debt 11 H. 4. fol. 42. Debt upon Recovery shall not be within the yeare after Judgement but after the yeare 5 Ed. 4. fol. 1. If after Judgement one gives his Goods to one to defraud me of execution and notwithstanding takes the profit of them I shall have Execution of these Goods 22 Booke of Assises 72. 3 R. 2. the same and 50 Ed. 3. the same All Conveyances of Lands and Hereditaments Goods and Chattels Leases Rent Common or Profit or charge out of Land Judgment Execution Deeds by fraud or Covin to the intent to defraud Creditors and others of their just and lawfull Actions Suits Debts Accounts Damages Forfeitures Harriors and Releifs are voyd onely against the persons their Heires Successors Executors Administrators and Assignes and every of them whose Actions Suits Debts Accounts Damages Forfeitures Harriots and Releifs by such fraud shall be or may be hindred delayed or defrauded notwithstanding fained consideration expressing of use or any other matter or thing to the contrary 13 Elizabeth chap. 5. Debt against Executors they plead gift of all the goods of their Testator by Deed without that that they administred other Goods and the Plaintiffe averrs that the gift was made to defraud the Creditors 13 H. 4. fol. 9. See 16 Ed. 4. fol. 9. Issue was taken if the Goods were made away to defraud Execution or not 43 Ed. 3. fol. 3. Where Debtors make Gifts and Feoffments fained of their Goods and Lands to their Freinds and others and take Priviledges Rastall Debt 5. and take profits of their Lands and Goods so given by fraud shall be a Capias and Proclamation and after Execution of his Lands and Goods 2 R. 2. Stat. 2. chap. 3. Where Debtors make Gifts and Feoffments Rastall execution 5. as it is sayd in the Statute of 2 R. 2. and flye to places priviledged and take profits that the Creditors shall have Execution of the sayd Goods and Chattells as if no such Gift had been made 50 E. 3. chap. 6. 26 H. 8. fol. 2. If a man takes a Wife which hath Goods and aliens them by Covin supposing a Divorce to follow and after they are divorced the VVife may averr the Covin and have her Goods againe 33 H. 6. fol. 5. One buyes in Market open Goods taken by wrong if the buyer have knowledge of the wrong the property is not altered 14 H. 8. fol. 9. by Brook If I by fraud and Covin cause one to take your Goods and to sell them to me in an open Market yet that shall not change the property for that I am party to the Covin At Northampton before the Lord Dyer there was a Deed of gift of Goods shewed and in that it was exprest by words to the use of the Donee and yet it was averred that it was by Covin 44 Ed. 3. fol. ult A VVoman hath good cause to be endowed and shee procured J.S. to out the Tenant and then shee brought a Writ of Dower against J. S. and recovered and had Execution the Tenant may have an Assise against her and recover 22 Book of Ass 1. Assise The Tenant hanging the Assise enfeoffs another or suffers another to enter end recover by Formedon by elder gift this Covin shall not hurt the Plaintiffe but that he may recover 38 Book of Assises VVhere one was outlawed of Felony alleadges Imprisonment at the time of the Outlawry and it was replyd that he was in Prison by his owne Covin and issue upon that 41 Book of Assises 2. A man hath right of Action and makes one by Covin to enter upon him which is in by discent and recovers he shall be adjudged to be in as an Abator and not by Title Evidence AND for that that you have not many times Councell in your Court Barons and for that that it is many times pleaded to the generall Issue where it ought not It is now expedient to shew what matter may be given in evidence upon generall Issue and what not And first where the Defendant pleads the generall Issue and shews in evidence that the Plaintiffe hath no such cause of Action as is brought nor no cause of Action this is good evidence upon generall Issue Action upon the Statute of Parco fracto not guilty and evidence that hee hath no Park is good 19 H. 6. fol. 7. Trespasse in VVarren not guilty and evidonce that he hath no VVarren is good 10 H. 6. fol. 17. and 34 H. 6. fol. 7. Trespasse by VVarden of the Fleet not guilty and evidence that he is not VVarden is good 4. Ed. 4. fol. 7. and 12 E. 4. fol. 7. Trespasse of a House broken not guilty and evidence that the Plaintiffe hath no House there is good 22 H. 6. fol. 7. Trespasse not guilty and evidence that the place where the Trespasse was done is the free-hold of another and not of the Plaintiffe is good 4 E. 4. fol. 5. Debt against a Vicar for holding Farmes He hath not against the forme of the Statute and evidence that hee had for maintenance of his House it is good 27 H. 8. fol. 25. Action upon the Case of finding his Goods and converting them to the use of the Defendant not guilty and evidence that they were not the Goods of the Plaintiffe is good 3 Mar. and 33 H. 8. Action upon the Case 109. Otherwise it is in Trespasse 27 H. 8. fol. 25. Debt upon arrearages of account hee oweth him nothing in manner and forme and evidence that there was no such account is good 2 H. 6. fol. 26. Debt upon arrearages of Rent upon a Lease for yeares he owes him nothing and evidence that hee did not demise is good 7 H. 7. fol. 3. Debt upon sale of a Horse for forty shillings the Defendant may plead he oweth him nothing in manner and form and evidence that the sale was of two Horses for forty shillings or that it was of an Oxe for forty shillings is good 21 E. 4. fol. 26. and 9 E. 4. fol. 1. by Moyle VVaste no waste made and
grant an Office to one which knows not how to use it It is said that the grant is void and Justices may refuse him 5 Ed. 4. tit 48. the same 9 Ed. 4. fol 6. The King grants Office the Patentee may make title in assise without shewing that it was an Office before But if the grant was with vales and fees it is not good unlesse there be words Constituimus if there were none before 9 Ed. 4. fol 6. If the King grant the Office of one of the Clerks of the Crown to 2. the grant is good but grant to two to be chief Justice is void for it is a Judiciall office 18 Ed. 4. fol 8. The King grants the Office of chief prenotary to two that is void and the Justices may refuse to enroll it for two cannot have the keeping of the Rolls 29 H. 8. Tit. 47. If a man hath a fee of a Lord and after is made a Justice this fee is not void but after he is made Justice he is not to take fee of any but of the King But where a Parson is made a Bishop the Parsonage is void for he cannot be Ordinary to himself nor punish himself 3 H. 7. fol the last The King cannot grant the Reversion of an Office to J. S. by that name but reciting how that such a one shal have and hold such an Office for tearm of his life of Our speciall grace We grant the Office aforesaid to J. S. to have after the death c. See 32 H. 8. Chap. 27. 9 H. 7. tit 44. If the Warden of the Fleet do not bring in his prisoner which is commanded by the Court that is a cause of seising his Office And if a prisoner condemned escape he is to pay the condemnation 11 Ed. 4 fol. 1. by Vavisor Not attendance is a cause of forfeiture of the Office Westm 1. Chap. 26. No Sheriffe nor other Minister of the King shall not take reward to do his office and who doth shall restore double to the Plaintiffe and shall make Fine to the King Westm 1. Chap. 29. No servant accomptant nor other make any disceit or collusion in the Kings Court or consent to make that in deceit of the Court to wrong the Court or party and of that be attaint he shall have Imprisonment for a yeer and a day and be not heard in Court to count for none and if there be another which counts he shall be imprisoned a yeer and a day Fitzh 172. O. No Victualler ought to use to sell victuall or wine by great or retail so long as he is in Office as Mayor c. To keep the assise of bread and wine Fitzh 173. A. Victualers shall not be chosen to office of Judge in Towns and Cities but for default of others and then they shall not sell victuals See of that divers Statutes Processe of Execution JOhn Kitchin Steward to his Bayliffe health Because Rob. B. hath recovered against W.E. 31. s. in a Plea of Debt and 12 d. for charges and costs of which the said W. in the same Court was convicted by the Judgement of the Court. Therefore you shall cause to be levied according to the custome the aforesaid 31 s. in the said Court adjudged and the said 12 d. for charges and you shall have the said money at the next Court to pay to the said Rob for his damages aforesaid and have there this Precept and how c. dated the 24th day of April the yeer of the Reign of the Queen c. 21. Pound overt For that that in the 15th Article of the Charge it is to be enquired if any Distresse put into the Lords Pound be taken out without Authoritie for that let us see some things touching open Pounds SEveral pasture of one is provided for the time though it be not an open Pound for that is adjoyning to the Kings high way which is called an open Pound 5 H. 7. fol 9 If a man distrain his tenant in Fee for life or yeers for Rent he cannot impound in the same Land where he takes the Distresse but for dammage doing he may 21 H. 7. fol 39. By Choke If one take Beasts in the name of Distresse he ought to put them into an open Pound for that that he which is distrained may give to them sustenance otherwise he cannot give them meat But if he distrain dead chattels I may put them where I will but if they spoil in my default I must answer for them 9 Ed. 4. fol 2. B. If Distresse be taken out of the open Pound of the Lords of the Town he which distrains shall have a Parco fracto and not the Lord and the remedie for the Lord is presentment in the Court Baron 21 Ed. 4. fol 19. Fitzh 100. G. Where one distrains doing dammage or for Rent or service and impounds them in the common Pound or in another Pound or place which is a lawfull Pound and an other takes them out he which distrained shall have a Writ called Parco fracto of that taking out of the Pound The same Law is if they were impounded in a Close of his freind by his license and are taken out he which distrained shall have a Parco fracto and his freind Trespasse why by force of arms he broke his Close Fitzh 100. E. If Distresse be put in open Pound and they dye it is the losse of the owner but if they be put in another place it is not so And though sufficient amends be offered yet he cannot take the Distresse out of the Pound but ought to sue a Replegiare And then if it be found that sufficient was tendered he shall recover dammages for the refusall But if the Distresse dye in open Pound though sufficient amends were offered yet it is to the losse of the owner so that he ought to give to them sustenance Doctor Student fol. 113. If Distresse taken doing dammage be put in a Pound the Defendant may justifie that he hath Common in the place where the taking was and made fresh suit and came to the Pound and there he found that unlockt and took his Beasts this is lawfull upon fresh suit and being unlocked So it seems in all cases where the Distresse is taken without reasonable cause upon fresh suit and Pound unlocked the owner may take them out of the Pound 30 Ed 3. fol 171. 3 H. 6. fol 15. Defendant in Replegiare may say that he put the Beasts in open Pound and there they dyed and he shall not wage deliverance 5 H. 7. fol 9. If the Defendant in Replegiare take beasts and drives them away and doth not put them in an open Pound and they die this is not in default of the Plaintiffe But if he put them in an open Pound within the County it is not to be said that they are conveyed away but the Plaintiffe at his perill is bound to take knowledge where they are and to give them meat 39. H. 8.
such a Ship The Defendant at London assumed for ten pounds that if the Ship and Goods did not come safe to London and are there landed that then he would satisfie a hundred pounds to the Plaintiff and that afterwards the Ship was robbed upon Trade on the Sea and for not satisfaction he brought his Action the Plaintiff doth not shew where he was possessed and yet good and the truth was that the Bargain was beyond Sea and not in London But where the place is not local it is not material and though he were robbed upon the main Sea the Action lies in London upon the Assumpsit See after fol. 1. 19 H. 6. f. 49. Action upon the Case that the Defendant at London took upon him to cure his Horse and that carelesly he gave him a Medicine that the Horse died the Defendant saith that at Oxford in the County of Oxford he took to cure his Horse which saith without that that he undertook at London and held a good Plea 3 H. 4. f. 4. Deceit in Land of that that the Defendant there did undertake that the Lord should cause him to have certain Copy-hold of the Mannour of D. in the County of Middlesex and he assured that to others and saith that he might be sued where the Assumpsit was or where the Land is Inquire 11 H. 4. fol. 4. Trespasse by Executors in Middlesex of Money taken in the life of the Testator the Defendant saith that the Testator was indebted unto him and delivered that to him in London in the name of Payment c. and it is no Answer to the Trespasse in Middlesex but he should say without that that you took it in Middlesex as the Plaintiff suppose and is good 7 H. 6. f. 37. 22 Ed. 4. f. 38. the same 4 H. 6. fol. 12. Trespasse of a Close broken in D. Defendant justifies in S. for Common appendant and ought to traverse without that that he is culpable in D. 22 H. 6. fol. 40. 9 H. 6. f. 62. Trespasse of digging a Turbary in D. in the County of Middlesex he cannot justifie in the County of Essex without that that he is guilty in the County of Middlesex for he may plead not guilty if it be in another County but in Trespasse local in D. the Defendant may justifie in S. in the same County without that that he is guilty in D. but in Trespasse transitory in D. Defendant cannot justifie in S. in the same County without that that he is culpable in D. yet in Trespasse of Battery or Trespasse of Goods taken in D. in the County of Middlesex and Defendant justifies in S. in the County of Essex without that that he is culpable in D. in the County of Middlesex 5 H. 4. f. 2. 10 H. 7. f. 27. 11 H. 6. f. 20. 5 H. 4. f. 3. Trespasse of Sheep taken at D. in the County of Hartford the Defendant justifies the taking in Smithfield in London doing Damage he ought to say without that that he took them at D. in the County of Hartford 6 R. 2. chap. 2. That Writs of Debt and Account and all such whatsoever hereafter shall be taken in their Counties and it is ordained that if hereafter it be declared the Contract thereof to be made in another County that then incontinently that Writ shall be quasht 9 Ed. 4. fol. 48. By Needham a man cannot plead in Abatement of a Writ and say the Contract was made in another County for the Statute is not intended but where it appears by the Writ that the Contract was made in another County but before this time they have used to make Examination where the Contract was made and upon that abate the Writ if it were in another County but this not used now See 3 H. 6. Tit. 30. Examination fol. 36. 18 Ed. 4. fol. 1. Nusance that a Mill was erected in D. in the County of Kent the Defendant saith that he and all his Ancestors have been seised of a Mill in the County of Essex and the Mill fell by Tempest and he built it without that that he is guilty of any Annoyance in D. in the County of Kent and doth not traverse all the County and yet good by the whole Court for that that the thing is local and annexed to Free-hold and contrary of beating or Goods carried away which may be continued and is transitory 21 H. 6. f. 11. 2 M. Tit. 283. Traverse by without that of Trespasse of Battery or Goods carried out it is transitory and is not local as of Trees cut and Grasse mowed and therefore in Trespasse transitory the place shall not make Issue and is not traversable no more then in Trespasse upon the Case upon an Assumption and these may be continued contrary of Trespasse local See after Title Vill. 34 M. Tit. 268. Traverse by without that Action for making false Cloth in Bartholomew Fair London against the Statute Defendant saith that he made them well and truly in D. in the County of E. without that that he made them in Bartholomew Fair London as c. and it is good 22 Ed. 4. f. 38. the same verbatim Bargains and Contracts For that your Actions of Debt are in Court Barons of Bargains and Contracts it is convenient to speak something of Bargains and Contracts and where the Cause or Duty is traversable and where otherwise adiudged what is a good Plea and what Pleas he shall not have for that he may wage his Law DEbt of that that he let one Chamber and Board for his Wife and Son for every Week six shillings it is a good Plea to say that he did not let the Chamber for he destroys the Contract in part and it is intire 9 Ed. 4. fol. 1. 21 Ed. 4. f. 26. If the Plaintiff sell two Horses for forty shillings and counts in Debt that the Defendant bought a Horse for forty shillings the Defendant may say that he owes him nothing in manner and form or vary from the Contract and the Jury upon pain of Attaint ought to finde for the Defendant the same Law is if he sell one Horse and counts that he bought two Horses for forty shillings or if he sell a Horfe for forty shillings and count that he bought an Oxe for forty shillings upon pleading that he oweth him nothing in manner and forme this is material to aid the Defendant 3 H. 6. fol. 51. Debt and counts for Tallow bought for forty shillings the Defendant saith that he bought the Tallow for three shillings and four pence which he is ready to pay and to the remnant wages his Law and had it 14 H. 8. fol. 17. If I sell Goods for so much as J. S. shall say it is no Bargain forthwith and yet if he sell them to another before J.S. saith what he shall pay Action upon the Case it seems lies 14 H. 8. fol. 20. If Lessee for years grant his Interest to one upon Condition that he
County then the Plaintiff counts unlesse it were that he pleads that it was upon condition 33 H. 6. fol. 49. Debt The Defendant cannot traverie the Contract where he may wage his Law but the Defendant may say that the bargain was upon condition and so traverse that 21 Ed. 4. fol. 28. 34 H. 6. f. 46. Debt upon a bargaine at D. the Defendant cannot say that it was upon condition at S. in the same County but in another County he may 8 H. 6. fol. 53. Debt upon award upon arbitrement it is no Plea for the Defendant to say that he never submitted to their award for that he may wage his Law he cannot traverse the cause of the duty 9 Ed. 4. f. 39. Where a bargaine is to pay to the Plaintiff sive shillings or a gown such a day it is at the choise of the Plaintiff after the day to demand one or the other which he will 8 H. 6 fol. 53. Debt upon Contract he cannot say no such Contract or that he did not buy for he cannot traverse the cause of the duty where he may wage his Law 38 H. 6. fol. 22. 11 H. 7. fol. 4. Where a man may wage his Law he cannot plead-payment in a forraine County But in Debt upon a Lease for yeares by Indenture the Defendant may plead payment in a forraine County and that is good but in the same County he ought to conclude and so he owes him nothing 10 H. 7. f. 4. 20 H. 6. f. 17. Debt upon arrerages of account payment in another County without concluding and so he oweth him nothing is good but where he may wage his Law his Plea is not good 22 Book of Assises 41. VVhere one undertakes to carry his carriage in a Boate and over-chargeth it by which his loading perish action upon the case lies 42 Book of Ass 8. Action upon the case lies against J.S. for that that the Plaintiff had credit in J.S. and bought of J. S. an Ox as his Goods where it was the Ox of J.D. 27 H. 8. fol. 34. It seems if you pay to me twenty pound that then you shall have my Lease and terme of years this is but a Communication if you do not pay and it is a Bargain conditional that is at your choice Doctor and Student 104. Promise and assumpsit for a thing past is not good Inquire as I promise to give to you forty pounds for that you have built me a House it is no good Contract for it should be perfect at the time of the Contract 27 Ed. 3. Tit. 6. Apportionment Br. A man retained to serve for a year for ten pounds at two Feasts and the Master dies after the first Feast he shall have Wages but for one Feast but where he was retained for ten pounds whole by the year and he departs within the year he shall have no Wages for Contract shall not be apportioned 21 Ed. 3. Tit. 83. Debt where a man payes ten pounds for teaching his Son three years the Son shall not have the ten pounds again which is paid but if the Money were not paid it is otherwise for the Cause ceasing the Effect ceaseth 1 H. 6. fol. 8. By Bab. If I be your Debtor in twenty pounds by a simple Contract and I give you a Bond for the same if you bring Debt upon the Bargain I shall plead this well in the Dischage thereof 3 H. 4. fol. 20. Debt of twenty pounds upon a Contract the Defendant saith that the Plaintiff after took a Bond of ten pounds parcell of it and held a good Plea to the whole Bargain for a Bargain determined in parcell is determined in all for it is intire 19 H. 8. T it 29. If a man be indebted to me by Bargain and after gives me a Bond for the same Debt the Bargain by that is determined for in Debt upon the Bargain it it a good Plea that he hath a Bond for the same Debt but if a stranger make to me a Bond for the same Debt yet the Contract remains for that that it is by another person and both are now Debtors 21 H. 7. f. 5. 11 H. 4. f. 23. If one takes my Beasts by wrong from my Bailiff and after I give them to him by Hank Bailiff shall have no Trespasse 2 Ed. 4. f. 15. By Danby Needham and Moyl If I deliver Goods to J.S. and a stranger takes them and after I give the Goods to another stranger this is a good Gift but Littleton saith that the first stranger hath property as Trespassor and for that he doth not allow the Gift good 6 H. 7. f. 9. By Brian A man cannot give or release his Right by word though it be a personal thing Inquire 10 H. 7. fol. 27. By Brian if a man take my Goods by wrong and I give them to him that the Gift is void as well as if they were given to a stranger but Keeble would that to be good and inure as a Release and said that Release by word of a Chattell is good as well as with a Condition 21 H. 6. fol. 43. It seems one may contract and sell all his Tithes of his Parish for seven years to come or the profits of his Court for seven years and it is good 42 Ed. 3. fol. 24. One may contract and grant that he shall not be impeached of Waste and dispense with a thing that is not in being for that that Grant is a Covenant but he cannot release the Waste to come 9 H. 6. fol. 12. Where the Queen grants twenty pounds out of the great Custome of London the Custome is not a thing in being but is paid by chance and for that the person of the Queen is charged by a Writ of Annuity 6 H. 7. fol. 5. It seems that the King may grant a thing not in being if that sound in Covenant as to be discharged of Tithes or of collecting of Tenths to be granteb by Convocation 4 H. 7. f. 10. If on the first Day of May lets to begin at Saint Michael next the Lessee may grant or sell that terme before the Feast of Saint Michael but not release or surrender that 22 Ed. 4. Tit. Grants 110. 24 Ed. 3. Tit. 47. Grants Br. If a common person grants award and so from Heir to Heir till one of them come to full age it is not good for award which shall fall afterwards contrary of such a grant made by the King 12 Ed. 4. f. 3. Where a common person hath but right of Reversion he cannot grant it and so it seems he cannot grant an Escheat of his Tenant before that fall Fitzh 120. K. If one promise another ten pounds to marry his Daughter and he marry her this is Contract in our Law upon which he shall have Debt See 14 Ed. 4. f. 6. 15 Ed. 4.31 Fitzh 44. If one promise another ten pounds to marry his Daughter if he marry his Daughter it is a good Contract in
against Executor which pleads that J. S. recovered against them an hundred pounds and had Execution and they have nothing come to their hands besides that the Plaintiff saith the Testator did owe nothing to J. S. and so the Recovery false and feigned 21 Ed. 4. f. 71 Dower the Tenant saith that the Husband was not seised that she could have Dower c. The Plaintif saith that T. the Father of her Husband died seised and that descended to her Husband which died before Entry and so he died seised and in Formedon of Lands recovered in value he ought to conclude and so gave 19 H. 8. fol. 6 Right of Ward and counts that the Ancestor of the Infant died in his Homage the Defendant saith that he held of him in Socage without that that he died in his Homage the Plaintiff saith that J. S. and D. were seised to the use of the Ancestor of the Infant and so the Ancestor died in his Homage 12 H. 7. f. 7 Where the matter before the So is sufficient Barr there the So shall not be entered as in Trespasse or Assise the Tenant justifies and so not guilty 32 H. 6. fol. 16 Where the matter before the So is matter of Barr and sufficient there the matter after the So is not traversable and contrary if not sufficient 5 Ed. 4. fol. 5 Debt upon an Obligation for Bail and is named Sheriff the Defendant ought to plead that and conclude and so not his Deed but not generally it is not his Deed. 19 H. 8. fol. 7 Juris utrum the Tenant saith that his Father was seised and died seised and the aforesaid Plaintiff abated and he recovered and so his Lay Fee and not the frank Gift of the Plaintiff 38 H. 8. fol. 26 Debt upon an Obligation Defendant pleads divers matters and concludes and so not his Deed and this Conclusion hath made this single 3 H. 6. f. 3 Of his own Wrong Where of his own Wrong is good and where not REplegeare the Defendant avowes as Bailiff for that a Prior held of his Mannour by Fealty and Rent the Plaintiff saith of his own wrong without such cause it is no Plea for here he ought to answer the substance which is material that is to say the Lordship 2 H. 5. f. 1 Where one iustifies by a Lease made to him by the Plaintiff of his own wrong is no Plea otherwise it is where heiustifies a Servant of a Lessee 10 H. 4. f. 3. If the Defendant justifie by licence or commandement of the Plaintiff the Plaintiff shall not say of his own wrong without such cause not if parcell be of Record for these ought to be answered specially 12 Ed. 4. fol. 10 Trespasse of Imprisonment the Defendant justifies for that he is Constable and was assaulted by him and broke the Peace the Plaintiff may here say of his own wrong without such cause for that that no Record was alleadged 5 H. 7. f. 6 Trespasse of Battery the Defendant saith of his own Assault the Plaintiff saith of his own wrong without such cause and this is good 5 H. 7. f. 1 Trespasse where one justifies as Servant by command that he arrested the Plaintif or that he came at the request of the Sergeant c. of his own wrong without such cause is no Plea 2 Ed. 4. f. 6 See 9 Ed. 4. f. 31 If the Defendant plead licence or a Lease of the Plaintiff of his own wrong is no plea 20 Ed. 4. f. 4 21 E. 4. f. 76 10 H. 6. f. 3 f 9 the same Where a Sheriff justifies to make Execution of his own wrong is no plea otherwise it is where he justifies as Bailiff by command of the Sheriff 19 H. 6. Trespasse of Battery Defendant saith that the plaintiff beat one W. to death and the Constable came to arrest him and he stood at defiance by which the Defendant came in aid and the hurt which he had was of his own Assault the plaintiff saith of his own wrong without any such cause and good 38 E. 3. f. 9 Trespasse of Grasse out the Defendant justifies as Parson of the Parish and that he took them as Tithes separated from the ninth part the Plaintiff saith of his own wrong without such cause and it seems it is no Plea and then the Plaintiff replied as above without that that they were severed from the ninth part and good 16 E. 4. fol. 4 9 E. 4. f. 27 Trespasse the Defendant justifies the Imprisonment for that that the Plaintiff assaulted J. N. to have robbed him for which he put him in the Stocks of his own wrong c. is good 41 E. 3. f. 29 Trespasse the Defendant justifies for that Attachment was awarded out of the Court Baron to the Bailiff to attach a Horse upon a Plaint entered there by him and that he came in aid of the Bailiff the Plaintiff saith of his own wrong without such cause and this is good 38 E. 3. f. 3 Replegeare of Beasts taken the defendant justifies for Execution of a Recovery in Court Baron of twenty shillings the Plaintiff saith of his own wrong without such cause and held that he shall not have this general Averment against a speciall matter by which he said that the Beasts were not delivered in Execution 14 H. 8. f. 18 False Imprisonment the Defendant iustifies the Arrest of the Plaintiff by a Warrant of a Justice of the Peace where the truth was that when he was arrested he had no Warrant but after had a Warrant directed to him the Plaintiff may say of his own wrong without that that he hath any such Warrant and gives the matter in Evidence 2 E. 4. f. 9 False Imprisonment the Defendant iustifies that he took the Plaintiff wandring in the night for suspition c. The Plaintiff may say of his own wrong without such cause but he cannot say of his own wrong without that that he was wandring for he cannot traverse the speciall matter but where it is a matter of Record or of writing and not where it is a matter in deed 13 R. 2. Tit. 28. Rescous the Defendant iustifies to make Replevin by Warrant of the Sheriff the Plaintiff saith of his own wrong without such cause and it is not allowed against this special matter but of his own wrong without that that he had a Warrant of the Sheriff at the time of the delivering of the Distresse c. 33 H 6. f. 47 Trespasse of Goods taken in the County of Darby the Defendant saith that the Plaintiff fold them to J. S. in the County of Middlesex and he by his commandement took them the Plaintif saith of his own wrong without that that J. S. commanded him in manner and form and is good 22 Book of Ass 57 The Defendant iustifies as under the Escheaâ—or for that Tenant of the King aliened without licence and shews a Commission and the Plaintiff saith of his own wrong without such cause and is
good 8 H. 6 fol. 34 Trespasse of Grasse cut the Defendant saith that the place where c. was the Free-hold of his Master by which by his commandement he entered and made the Trespasse the Plaintiff saith of his own wrong without such cause and is good but if the Master himself had been party and had pleaded his Free-hold of his own wrong c. had been no Plea 28 Ed. 3. fol. 58. Trespasse of goods taken the defendant justifies by the commandement of his Master for that that the Plaintiffe is his Villain the Plaintif saith of his own wrong and is no Plea without answering to the Villainage 10 H. 6. f. 3. Trespasse of two Horses taken the defendant saith that he let to the Plaintif Land rendring the Rent of twenty Shillings and for this Rent behind he entered and took the horses and the Plaintif saith of his own wrong without such cause and by Cotesmore it is no Plea but he ought to answer to the speciall matter as to say of his own wrong without that that any Rent was behind 21 Ed. 4. f. 64. 42 Ed. 3. f. 2. Trespasse for chasing in his free Chase the defendant pleads license of the Plaintif to hunt there the Plaintif saith of his own wrong without such cause Inquire of this Issue 16 H. 7. fol. 3. Trespasse of goods taken where the defendant conveys his title from the Plaintif there the Plaintif by replication may say of his own wrong without such cause 9 Ed. 4. fol. 41. the same 9 Ed. 4. fol. 43. Trespasse of a bag with money the defendant saith that the Plaintif was indebted to him in a certain summe and delivered that unto him to content him the Plaintif saith of his own wrong without such cause and it is no Plea for that that he conveys from the Plaintif himself 10 H. 6. fol. 9. Trespasse for entring into his Pigeon-house and taking of Pigeons the defendant pleads that the Plaintif gave him leave to take them the plaintif may say of his own wrong without that he gave him leave 20 Ed. 4. fol. 4. 21 Ed. 4. fol. 76. Where the defendant conveys from the Plaintiffe or his Ancestor or that it is his Freehold these shall be answered and there of his own wrong without such cause generall is no good replication 44 Ed. 3. f. 13. Trespasse the defendant justifies for Harriot the Plaintiffe saith of his own wrong without such cause the Issue was taken upon that 38 Ed. 3. fol. 7. the same 44 Ed. 3. fol. 18. Trespasse the defendant justifies for that that the Plaintiffe was in VVard to the Prince and he seised him and granted the VVard to him by which he entered and occupied the Plaintiffe saith of his own wrong without such cause and it is no Plea by the Court but he ought to answer to the speciall matter by which the Issue was taken that he held in Socage and not in Knights Service See 22 Book of Assises 56. 41. Book of Assises 21. and 12 Ed. 4. fol. 10. 14 H. 4. fol. 32. Trespasse of his Servant taken the defendant justifies for that the father of him which is said to be Servant held of J.S. in Knights Service and that he died and the Land discended to the Infant called Servant being within age and that the defendant by the commandement of the said J.S. seised him the plaintif saith of his own wrong without such cause and by Cheney and Hull for that that the defendant hath alledged speciall matter that is Tenure in Knights Service the plaintif ought to answer to the speciall matter and this is no plea See 22 Book of Assises 85. 33 H. 6. fol. 29 Trespasse where the defendant justifies by the Kings patent of of his own wrong c. is no plea. 9 Ed. 4. fol. 22. Trespasse where the defendant justifies by wreck by prescription the plaintif saith of his own wrong without that that it was a wreck and good 5 H. 7. fol. 9. Trespasse the defendant justifies by custome of foldage by prescription of all Sheep which pasture in such a Common the plaintif there saith of his own wrong without such cause Where a double Plea shall not be suffered and where it shall PRior brought a Quare impedit and counts that his predecessor was seised and presented and the King seised his temporalties because of VVarre and presented and now it is void and it belongeth to him to present and it is not double 40 Ed. 3. f. 10. But in Quare impedit and counts of divers presentments in his Ancestors this is double 1 H. 5. fol. 1. Quare Impedit by Tenant in Tail and alledgeth a Presentment in the Donor and another in the Donee this is not double for the Gift is traversable but if he alleadge Presentment in the Feoffor and another in the Feoffee this is double 4 Ed. 4. f. 3 Debt against Executors to plead fully administred and so nothing in their hands is not double for one Answer makes an end of all that is that they have Assets 3 H. 6. f. 3 Debt upon Obligation and pleads Payment and Delivery of the Obligation in place of an Acquittance it is not double for one Answer shall be for all 1 H. 7. fol. 15 and also it is no Plea Trespasse the Defendant pleads Gift in Tail and divers Discents and it is not double for the Gift is onely traversable 19 Ed. 4. f. 4 Bastardy is pleaded to ten Acres and Release of all Actions and that is double 10 H. 6. f. 20 Non-tenure is pleaded to part and Bastardy to the rest and this is double 43 E. 3. fol. 29 B. Inquire 33 H. 6. f. 20 40 E. 3. f. 21 Dower the Tenant may plead Joint-tenancy of part and that she detains Writings for the rest which goes to all and it is not double 33 H. 6. f. 57 40 E. 3. f. 31 Assise of a Mannour the Defendant pleads a Fine of one halfe to J. S. whose Estate he hath and to the other halfe pleads a Release of the Father of the Demandant with Warranty and demands Judgement if against Warranty Assise ought to have been of that Moity and it is not double for this goes but to the Moity and is not c. 37 H. 6. f. 24 Debt upon an Obligation that he was a Lay man unlearned and the Day of Payment was read to be at another Day and that it was delivered as an Escrow upon condition that if others sealed c. and the others did not seal and so not his Deed this Conclusion hath made that single 38 H. 6. f. 26 Intendments Pleas good by Intendment and how INformation for Liveries it is shewed that Cloth was given at D. but not how it was used and it shall be intended there and good and Trespasse he broke his Close at D. and made an Entry and shall be intended to be there 5 H. 7. f. 18 Appeal of Rape is Rapuit and though it
he grants where he was never in the Warrs it is a good grant for the recitall is matter in deed not materiall 9 H. 7. fol. 7. If the King make a Denizen and recite that where he was borne in France where indeed he was borne in Spain this grant and making him Denizen is a good grant and the recitall is not materiall 3 H. 6. fol. 9. Where processe is miscontinued and Judgment given by default this Judgment upon miscontinuance is errour and may be assigned for errour but where it is miscontinuance of processe and the party appear and pleads and Judgment upon Verdict is given this cannot be assigned for errour See 3 H. 7. f. 8. 1 H. 7. f. 12. Errour was assigned for that it was contained in the Record that in base Court the Entry was that the Court was held upon Tuesday that is the third day of March where Munday was the third day of March and this was adjudged errour and the Videlicet c. materiall 4 H. 7. f. 6. Where one is named Executor where that name Executor is not materiall the Writ shall not abate 17 Ed. 4. f. 2. Where the Defendant in trespasse pleads that the plaintiff bargained and sold to him ten acres of Corn though he do not say ten Acres sowne with corn it is not materiall for it is usually so called and a good Plea 1 H. 7. f. 21. A certaine Memorandum was entred that is to say Memorandum that Simon Wiseman came this 31 day of November this Tearme of S. Michaell 2 H. 7. f. 11. If processe be miscontinued and the party appear and pleads to the Issue and Judgment is given there the miscontinuance is not materiall and is no Errour 9 Ed. 4. f. 42. Trespasse of a Bagg taken with Money the Defendant saith that the Plaintif was indebted to him in a certain summ and delivered that unto him for discharge and is good though he do not shew for what cause he was indebted for this is not traversable and for that is not materiall Manner and Form Manner and Form where it is materiall and where not MAaintenance The Defendant iustifies for that that he is his Neighbour and informed him of a man learned in the Law The Plaintiffe saith that he gave money the Defendant saith that he did not maintain in manner and Form and it is no Plea without answering to the speciall matter 13 Ed. 4.14 Trespasse The Defendant saith that the Plaintiffe is Villain regardant to the Mannour of D. the Plaintiffe saith he is free and not Villain in Manner and Form and Manner and Form is not material but if he be a Villain or not 13 Ed. 4. f. 4. Debt of the sale of a Horse for sorry Shillings where the Bargain was for two Horses the Defendant pleads that he oweth him nothing in Manner and Form the Jury ought to find for the Defendant for that that the Bargain was for two Horses 40. s. and Manner and Form there is materiall and parcell of their Charge and so it is in every Case where the Action varies from the Bargain 21. Ed. 4. f. 22. Debt upon sale simply the Defendant saith that the Sale was upon condition without that that the Plaintiffe sold that in Manner and Form and is good 1 H. 7. f. 13. Trespasse the Defendant justifies for that the Plaintiffe held of him by Homage Fealty Suit of Court and ten Shillings four pence the Plaintiffe saith that he held by Fealty and ten shillings without that that he held in Manner and Form and found by Verdict that he held by ten Shillings four pence and not by Homage and the Plaintiffe had Judgement for that that part is found against the Defendant and Manner and Form is not materiall 31 H. 6. f. 12. 9 H. 7. fol. 12. Entrie in Casupro viso and Counts of alienation in Fee the Defendant saith that he did not alien in Manner and Form as the Plaintiffe hath counted and found that he aliened in Tail the Demandant shall recover for Manner and Form are but words of Form here but whether he aliened or not is the substance Littleton fol. 113. Lord and Tenant and the Tenant brings Trespasse against his Lord and Justifies for that that he held of him by Fealty and Rent and for the Rent behind that he took his beasts and demands Judgement of the Wriâ— by force of Arms against him the Plaintiffe saith that he doth not hold of him in Manner and Form and though it be found that he holds by Fealty onely yet the Writ shall abate for Manner and Form is not materiall Littleton f. 113. Trespasse of Batterie or of goods taken the Defendant pleads not guilty in Manner and Form as the Plaintiffe supposeth and is found guilty in another â—own or at another day yet the Plaintiffe shall recover Littleton fol. 114. Action upon the Case by a Husband alone upon an Assâ—â—â—â—t to him by Tatam the Defendant saith he did not allume in Manner and Form and the Plaintiffe gives in evidence of an Assampsit made to his Wife and his agreement afterwards and it is good and Manner and Form is not materiall 27 H. 8. f. 29. Cessavit That the Defendant held divers Lands by intire Service he may plead that he held not in Manner and Form and give in evidence that he held by severall Service and it is good 10 H. 7. f. 24. An Array of a Pannell was challenged for that it was made by the Sheriffe Cozen to the Plaintiffe and shews how he is Cozen the other saith he is not Cozen in Manner and Form as c. and he is found Cozen but this is found to be in another Manner and yet good for Manner and Form is not materiall 19 H. 8. fol. 7. Assise the Tenant pleads a Feofment of J.S. by Deed the Plaintif intitles him without that that J.S. enfeofed him in Manner and Form and could not give in evidence a Feofment without Deed and traverse that with Manner and Form is good to avoid a Negative pregnant and in Sine assensu Cantuli the Defendant shall not say that he did not alien without the consent of the Chapter but that he did not alien in Manner and Form to avoid a pregnant Negative 22 Ed. 4. f. 4. Negative Pregnant Where a Negative pregnant may be and where not WAste The Defendant saith that he did not let to him for years it is no Plea for it is a pregnant Negative but he shall say that he did not let at all 43 Ed. 3. f. 13. Action upon the Statute of Rich. he did not enter against the Form of the Statute is good though it be a pregnant Negative for that that it traverseth the point of the Writ 31 H. 6. f. 12. Consimili Casu Issue was if he aliened in Fee or not aliened in Fee which is a pregnant Negative and allowed the reason is plain 38 H. 6 f. 3. Lord and Tenant the Tenant pleads a Feoffement
Steward and that in a Leet was presented that the Plaintif is a Felon and that he shewed his Rolls to the Justices at the Session which commanded him to shew that to the Jurors which inquired for the King which he did and saith that that is the same for by Englefield when the Defendant pleads a Conspiracy which is iustifiable he ought to shew that it is the same Conspiracy 27 H. 8. fol. 2. Annuity is brought of six and twenty shillings and eight pence the Defendant saith that he held of the Plaintif by six and twenty and eight pence of Rent which is the same Rent and is not good for it cannot be the same 33 H. 6. f. 38. Debt upon Obligation the Defendant saith it was made by threats the Plaintif saith that he let the Land to the Defendant rendering Rent and saith if he would not seal the Obligation to him for the Rent behinde he would sue him at the Common Law which is the same threatning and it is no good Plea for this is lawfull and not a threatning 16 Ed. 4. f. 7. Br. Tit. Duresse 23. Maintenance the Defendant saith that he carried the Money of him which the Plaintif supposed he maintained to his Counsel which is the same Maintenance and this is no plea for this is no Maintenance 34 H. 〈◊〉 fol. 19. Replication Where a faulty Barr is made good by Replication and where not TRespasse the Defendant pleads an Agreement to pay Money and to make Windows and said that he paid the Moneys and nothing of the Windows and the Plaintiff replied and said no such Agreement and yet the Plaintiff in Barr pleaded an Agreement and that not executed is not made good by the Replication for the Barr is not good to no intent and the Replication cannot make that good 6 H. 7. f. 10. But count where a Barr may be made good by a Plea of the other party where the Count or the Barr is uncertain as where the Plaintiff counts of an Obligation in Debt and doth not count where it was made and the Defendant pleads Release and acknowledge it and the Conisee where the place should be in is now outed and need not to have that the same Law in Trespasse where a man pleads Arbitrement and doth not shew the place where the Submission was that is not good but if the Plaintiff reply and saith that he discharged the Arbitrators before the Award now it is good for that which was ill is now confessed 10 H. 7. f. 24. 20 H. 7. f. 12. By Hussey if one plead Joint-tenancy day of the Writ purchased it is not good for that he might be sole Tenant after if the Demandant saith sole Tenant and doth not demurr it is made good by Replication 5 H. 7. f. 14. The same Law if in Debt against Executors they plead nothing in their hands day of the Writ purchased and do not say nor ever after the plea is not good but if the Plaintiff reply and say that they have Assets and that is found he shall have Judgement 3 H. 7. fol. 8. accordingly False Imprisonment the tenth day of May the Defendant saith that the Plaintiff made an affault in the Court before the Steward and for his disturbance of the Peace in the Court he was committed to ward the Plaintiff saith of his own wrong without such cause and now though the Defendant hath not shewed what day the Court was yet by the replication it is made good for now the day is not materiall 21 H. 7. f. 32. If double Plea be pleaded and the Plaintiff replies and rakes Issue of one matter and that is found he cannot after plead in arrest of Judgment for by the Replication it is made good 18 Ed. 4. fol. 17. Debt upon in Obligation the Defendant pleads a defeasance which is that if the Defendant deliver to the Plaintif in London certaine Clothes of Kersey of as good Stuff and of as good making as before these times have been made in the Town of D. in the County of Darby that then the Obligation should be void and saith that he hath delivered to the Plaintif in London the Clothes of as good c. According to the condition and this Plea is not good for that that it cannot be tried for those of London cannot try if they were as good c. But the Plaintif replied and said that the Plaintif did not deliver to us any manner of Cloth in London ready c. and now by the Replication it is good 22 Ed. 4. fol. 2. Debt the Plaintif counts upon a Lease for terme of yeares and doth not shew where it was made and the Defendant traverses the Lease and the Plaintif replies and joynes Issue and after acknowledges the action and after pleads in arrest of Judgment for that the Plaintiff hath not declared in what place the Lease was made and yet he had Judgment for when the Defendant hath in Barr gainsaid the Lease he hath admitted the count good 18 Ed. 4. fol. 17. And in Debt if I Plead the Release of the Plaintif and do not shew where it was made and the Plaintif replies and pleads not his Deed the Plea of the Defendant is made good by his Replication Br. title Repleader 38. Annuity for Counsell given and to be given and counts that he hath given to him Councell in doing his businesses and though he do not shew in what businesses it is good for if the Defendant saith that he doth not give to him Councell against the Plaintif in his replication he may shew in what things he gave Councell and so the replication hath made all good and the Count was good generally 39 H. 6. fol. 33. By Vanisor Replication may make an ill Barr good as I plead in Barr grant of Reversion and omit attornement if the Plaintif reply and confess and avoid the grant by speciall matter then is the Barr good 11 H. 7.24 By Read in Debt against one as Executor which pleads nothing in their hands day of the Writ purchased which is no Plea for that that he may have assets afterwards But if the Plaintif reply that he hath assets and that found by Verdict is good 6 H. 7. fol. 6. The same Law if the Tenant in Precipe plead non-Tenure day of the Writ and the Plaintif replies that he was Tenant And now though by the statute of 32 H. 8. chap. 30. It was enacted that if any Issue be tryed by the Oath of 12. in any of the Kings Courts of Record that Judgment shal he given any mispleading not having colour insufficient pleading or Jeofaile not worrant of Attorney put in any mis-construction or discontinuance misjoyning of Issue or other default or negligence of parties their Councellours or Attorneys had or made to the contrary notwithstanding and that the Judgement shall be in force and shall not be reversed by Writ of Errour And yet at this day one may plead in arrest
for life to bind the Fee in Reversion Tenant ought to pray aid of him in remainder and they ought to vouch 25 H. 8. Tit. Recoverie in value 33. where Tenant for life vouches a stranger and the Demandant recovers and he over in value this shall not go to him in Reversion and shall not bind him 27 H. 8. Tit. Recovery in value 28. Tenant in Tailremainder over Entrie in the Post gainst Tenant in Tail and he vouches over this is a recompence and shall barr the remainder Pleas in Court Baron Count upon Lending J. S. complains against T.D. in a Plea of Debt of thirty Shillings four pence for that that is to say c. and thereof the same J.S. by W. T. his Attorney saith that when the aforesaid T.D. tenth day of February the year of the Reigne of Elizabeth now Queen of England twentieth at Islington within the Jurisdiction of this Court borrowed of the aforesaid J.S. the aforesaid thirty shillings four pence to be paid to the sald J.S. when he was required notwithstanding the aforesaid T.D. though he hath been often required the aforesaid thirty shillings and four pence hath not restored it to the said J.S. but to him to pay them as yet hath denied and yet doth denie upon which he saith that he is damnified and hath losse to the value of ten shillings and thereof bringeth his Suit Form of a Plaint in a Court Aaron upon buying of Oyland Madder c. G.B. complaineth agrinst R.C. in a Plea of Debt thirty Shillings four pence for that that is to say that when the aforesaid R.C. eleventh day of April the year of of the Lord 1540. at J. within the Jurisdiction of this Court bought of the said G. B. fourteen gallons of oyl called Meat oyl for fifteen Shillings and three pence one Hundred of Madder for fifteen shillings a penny to be paid to the said G.B. when he should be required which truly in all doth amount to the sum of the aforesaid thirty Shillings four pence notwithstanding the aforesaid R.C. although he hath been often requested the said thirty Shillings four pence to the said G.B. hath not restored but that to him as yet to restore hath denied and yet doth denie by reason whereof he is the worse and hath losse to the value of ten Shillings and therefore bringeth his suit c. and the foresaid R.G. by J.A. his Attorney comes and defends the force and injury when c. and saith that he doth not owe to the aforesaid G.B. the aforesaid thirty Shillings and four pence nor any penny thereof in Form in which the said G.B. complains against him therefore it is considered that the said R.C. should wage his Law and put in two Sureties for the Law J.M. and R.J. and should come with his Law here at the next Court in proper person and it is said to the aforesaid Attorney of the aforesaid R. T. that then he should have here the said R.C. his Master in his proper person to finish his Law aforesaid c. Plaint for accusing a man of Pelony and imprisoning him T.H. complaines against S. D. for that that is to say that when the said Complaint a true and faithfull Liege-man and Subject of our Lady the Queen now and of her Progenitors of the Kingdom of England from the time of his Birth did appear alwayes and as a true Liegeman of our said Lady the Queen and all her Progenitors aforesaid from all the time aforesaid without any Crime of Theft stealing Felony or any other notorious Crime whatsoever from the time of his Birth hitherto hath carried had and kept himself and so with all honest men was reputed and accounted by reason of which name of Honor Fame and Coversation the same Complainant much and great gain and profit to the maintenance of his Living did get and had the foresaid Defendant notwithstanding not ignorant of the Premises the eighteenth Day of July the year of the Reign of our Lady Elizabeth the sixth at J. within the Jurisdiction of this Court out of his meer malice and ill minde threatning and envying the good Report Living Degree state and condition of the said Plaintiff and to blot it and to bring the Complainant into an ill name and Danger of his Life as much as in him lay spoke certain false malicious and scandalous words of the aforesaid Complainant and did publish and openly say that T. H. meaning the said Complainant hath robbed me of forty pounds of money by reason of which scandalous and false words proclaiming and publishing the said Plaintiff not onely in his good name and same for which aforetime he was know and reputed with many honest men and cheifly with J.A. Inholder greatly hurt and wronged he did appear and did incurr and fall into great Infamy and Discredit with the said J. H. and many other of the said Queens now faithfull Subjects Likewise W. G. and W. C. the Constables of L. aforesaid by reason of an ill opinion by them conceived by reason of the said Scandall against the foresaid Complainant published then by reason of the open speaking of those words that the foresaid Complainant was guilty of the Felony aforesaid afterwards that is to say the eighteenth Day of July they took the Complainant and imprisoned him in a Prison of the said Queens called c. Scituate c. In which Prison the said Plaintiff from the said eighteenth Day of Iuly till the twentieth Day of the same Moneth of Iuly for the cause aforesaid was detained which twentieth Day of Iuly the Plaintiff from the said Prison to the Prison c. of the said Queens in c. Scituate c. was removed and then and there imprisoned and in prison from the said twentieth Day of Iuly till the eight and twenty Day of the said Moneth of Iuly for the said cause was detained so that the same Plaintiff not onely suffered and sustained great Cost and Charges by the occasion of his Restraint and Imprisonment but also lost wholly many great profits and gaines which of the said Subjects he might have gained for his maintenance and living if the said scandalous and malicious words so openly proclaimed had not occasioned it to the losse of the said Plaintiff c. three and thirty shillings and four pence and thereof brings his Suit c. Trespass Plaint for walking with his Feet J.R. complaineth against T. B. that is to say in a Plea why by force and armes the Close of the said J. R. at D. he broke and his Grasse to the value of five and thirty shillings and eight pence there late growing walking with his Feet trod down and spoiled and other Injuries offered to him to the great losse of the said J. R. and against the peace of our Lady the Queen now c. and whereof the said J. R. saith that when the aforesaid T.B. the seven and twentieth Day of Ianuary in the year of the Reign of
found in your Bayliwick and him safely keep so that you may have his body before Us in the Upper Bench at Westminster the Wednesday next after the three weeks of Easter to answer the said C.D. in the Plea aforesaid And then you have here this writ Witnes H. Roll at Westminster the 17th day of April in the yeer of our Lord 1651. Wightwicke Alias Capias THe Keepers of the Liberty of England by Authority of Parliament to the Sheriffe of E. Greeting We command you as formerly We have you commanded that you take A. B. if he shall be found in your Bayliwick and him safely keep so that you have his body before Us in the Upper Bench at Westminster on Saturday next after the morrow of the Ascension of our Lord to answer C.D. in a Plea of Trespas And then you have there this Writ Witnes H. Roll at Westminster the 17th day of April in the yeer of our Lord 1651. Wightwicke Plures Capias THe Keepers of the Liberty of England by the Authority of Parliament to the Sheriffe of E. Greeting We command you as many times we have commanded that you take A. B. c. as above in the Writ next before Bill Middl. Middl ss It is commanded to the Sheriffe that he take A. B. if c. and him safely c. so that he have his body before the Keepers of the Liberty of England by the Authority of Parliament in the Upper Bench at Westminster on Wednesday next after the month of Easter to answer C. D. in a Plea of Trespas And then he have here this precept c. By Bill Wightwicke Alias Bill MIddl ss It is commanded the Sheriffe as it was formerly commanded that he take A. B. c. as above in the Bill of Middlesex Attachment of priviledge THe Keepers of the Liberty of England by the Authority of Parliament to the Sheriffe of H. Greeting We command you that you attach A. B. if he shall be found in your Bayliwick and him safely to keep so that you have his body before Us in the Upper Bench at Westm on Wednesday c. reciting the return to answer C. D. Gent. one of the Clerks of Samuel Wightwicke Esq cheif Clerk assigned to inroll Pleas in the Upper Bench at Westm c. in a Plea of Trespas And then you have there this Writ Witnes H. Roll at Westm c. Habeas Corpus ad â—ac rec ' THe Keepers of the Liberty c. Greeting We command you that you have the body of A. B. in our Prison under your custodie as it is said detained under safe and secure conduct together with the day and cause of his caption and detaining by that name soever the said A B. be censured in the same before Us in the Upper Bench at Westminster on Saturday next after the morrow of All Souls to do and receive al. and every those things which the Court before Us in the Upper Bench at Westm shall consider of in that behalf And then you have here this Writ Witnes c. Habeas Corpus retornable before a Judge immediately THe Keepers c. as above in the Habeas Corpus untill by what name soever the said A. B. be censured in the same before Henry Roll cheif justice assigned to hold Pleas in the Upper Bench at Westm at his Chamber in Sergeants Inne in Fleetstreet London immediately after the receiving of this Writ to do and receive all and every those things which the said Cheif Justice then and there shall consider of in that behalf And then you have here this Writ c. Witnes c. Habeas Corpus upon a cepi Corpus THe Keepers c. to the Sheriffe of O. Greeting We command you that you have the body of A B. by you taken and in our prison under your custody detained as you your self to us in the Court before us in the Upper Bench at Westm formerly by you sent have thereby charged your self before us in the Upper Bench at Westm c. reciting the Return to answer C.D. in a Plea of Trespas And then you have there this writ Witnes c. Habeas Corpus ad satisfaciendum THe Keepers c. as above untill the Return next after c. to satisfie C. D. as well of one hundred li. of debt as 40 s. for his damages which he sustained as well by occasion of detaining of that Debt as for his Costs and charges by him about his Suit in that behalf disbursed And further to do and receive all and every those things c. as above in the Habeas Corpus ad fac ' rec ' Procedendo THe Keepers of the Liberty c. Greeting Although we have lately commanded you by our Writ that you should have the body of A. B. in Our prison under your custodie as it was said detained under safe and secure conduct together with the day and cause of his caption and detention by what name soever the said A. B. should be censured in the same before Us in the Upper Bench at Westm on c. as the Return was in the Habeas Corpus last past to do and receive all and every those things which the Court before Us in the Upper Bench at Westminster shall then and there consider or in that behalf Yet we being now moved with certain causes in the same Court before Us in the Upper Bench at Westminster We command you and every of you that in whatsoever Plaints or Suits against him the said A. B. at the Suit of C. D. in the Court before you or any of you leavied or affirmed and before you or any of you now depending undetermined in such manner you proceed with what celeritie you can as according to the Law and custome of this Nation you think to be expedient Our Writ aforesaid to you formerly directed to the contrary notwithstanding Witnes c. Supersedeas when the Defendant appears and files common Bail THe Keepers c. Greeting Whereas by our Writ we have lately commanded you that you should take A. B. if c. recite as is in the Alias Capias till these words to answer C. D. in a Plea of trespas And because the said A. B. in the Court before us in the Upper Bench at Westm hath appeared at the day and place in the said Writ contained to answer the said C. D. according to the form and effect of the said Writ Therefore we command you that you for ever supersede from further attaching Imprisoning or him the said A. B. for that cause any way molesting And if you have taken him for that cause and no other then upon your perill without delay you cause him to be freed delivered from the Prison where he is so detained Witnesse c. Supersedeas upon a Capias ad satisfaciendum when the Plaintiffe hath acknowledged satisfaction THe Keepers of c. Greeting Although by our Writ we have lately commanded you that you should
Mortdancester fol. 119 What is sufficient seisin to have Assise and what not fol. 120 Pleas in Assise by Bailiff fol. 120 Pleas of the Disseisor fol. 123 Pleas that the tenant shall have for the Assise to adjourne 125. Diverse Pleas in Abatement where they are not contrary and contrary to the Assise fol. 127 Where it shall be awarded at large and where in right of damages 128. VVhere the Plaintiff may choose his tenant at his perill and where not fol. 131 What is a good title in Assise and what not fol. 135 Plea in Barr and abatement 136. Where he may abridge his plaint and where not fol. 138 Where after verdict he cannot abridge fol. 139 Attornement Where it ought to be and where not fol. 139 VVhere is good Attornement and where not fol. 141 VVho is compellable to attorn and who not fol. 142 Where he which is not compellable to attorne attornes 143. What thing granted by Fine he shall have without Attornement fol. 144 Attorney May make suit in Court Baron fol. 145 Amerciament Amerciament in Court Baron and affire fol. 145. For trespasse made to the Lord himselfe and affire fol. 145 Attachment Who shall be attached and what shall be forfeited upon that and what not 155. The forme of making the Precept upon that fol. 155 Ancient Demesne In what Actirn this is a good Plea and in what not 188. Ancient Demesne is Court Baron and and see the Fine there fol. 190 Where it is made Frank fee for a time and where for ever 190. It is Socage and how that shall be tryed 152. The forme of pleading of that and Copy-hold of Ancient Demesne 192. How execution shall be by Writ in Ancient Demesne and how free they are fol. 194 Avowry Vpon whrm it shal be made and upon whom not fol. 105 Bargaine and Contracts IF the Plaintiff vary from his Contract where he oweth him nothing is pleaded in manner and form shall be tryed 355. Where it is for so much as J.S. shall say or upon condition or misliking fol. 356 If the Buyer takes without paying Debt or trespasse lyeth 358. VVhere one may wage his Law he cannot traverse the Contract nor cause fol. 359 Defondant saith it was upon condition on another County and ought to traverse the Count fol. 360 Defendant may plead that the Plaintiffe hath obligation for the same 361. VVhere a Lease by Paroll of Right goods or contract is good and where not 361. The King may give a thing not in being and not a common person give a right fol. 361 To marry my Daughter debt lyeth with my Daughter not fol. 362 Barr. If he recover in debt upon a contract he cannot have new debt 363. The same Law in Trespasse If the Plaintiffe were barred in Detinue he shall not have account nor Action upon the Case for the same 363. Barr by a Recovery in another Court pleaded here 363. Barr good to common intent fol. 427 Barr shall be as high as the matter Count. fol. 427 Baron and Feme What Contracts of the wife and servant shal bind the husband and what not 364. The husband shall not be charged though they come to the use of the house if he hath not notice and agreed fol. 365 The husband shall be charged for necessary apparrell of his wife and not for supersluous fol. 365 Servant which hath used to sell pawnes goods of his Master for Corne which comes to the use of his Master good 366. A servant sent to buy and the thing bought doth not come to the use of the Master yet he shall be charged 366. Servant gives goods of his Master the Master shall have trespasse fol. 366 Servant borrows Money in the name of his Master without his commandement there the Master shall not be charged 366. He shall have goods and Lease and if he dye the Lease not altered it shall remaine to the wife 367. If he marry a woman executrix and dyes the wife shal have the goods which remaine fol. 367 He shall have an obligation made to the wife before marriage and if be dye that shall remaine to the wife 367. He shall be charged with a debt of his wife and if shee dye not afterward fol. 368 He shall not have an Obligation made to his wife before marriage after her death fol. 366 By-Laws What shall binde all and what not fol. 89 In Court Baron and in Towne fol. 89 Chattels ALL goods and Chattels whatsoever granted fol. 62 What shall passe by the grant of Chattels fol. 63 Challenge Jurors What is principall and what not fol. 178 What is good for favour and what not fol. 180 Charter of exemption of Juries fol. 114 Chimnies Wayes Trees in them ditch and bridge making fol. 66 Making high-wayes by Statutes fol. 67 Condition Lease for yeares upon condition if he be disturbed he shall have fee See Obligation fol. 164 Confirmation VVhat liberty ought to be confirmed at the change of the King fol. 65 Commons Where the Lord may improve that and where not 180. Appendant and Appurtenant and admeasurement 184. With what Beasts it shall be used fol. 185 Conisance In what cases that shall not be fol. 222 Constable His office and authority and what he ought te doe fol. 94 Continuance See in Imparlance afterwards fol. 392 Conclude in Action See Pleading afterwards the order and forme how one ought to conclude fol. 422 Copy-hold It seems he shall not have an Assise before admittance but he shall have trespasse 157. His estate and interest what it is 157. Of base tenure and free is ancient Demesne 159 VVhere he enters and dies before admittance 160 Divers Cases of that and countermands of surrender 160 VVhat surrender is good 161. Lease by license and recovery against Lessee and forme of license The statute of limitation extends to that 169. See title Copy-hold 160 Diverse Cases there added 161. As surrender into the hands of two tenants and dyes Gavell-kinde to the next of the blood and Borough English 161. Lord hath more Rent then he ought fol. 162 Surrender to use without more 163. Forfeiture by attaint of copy-hold 161. Admittance in other manner then was the surrender 161. Copy-hold in taile time out of minde and not otherwise fol. 173. It is in the Saxons time Folkland and it is good by continuance 174. Trespasse against the Lord what forfeiture shall be presented and what not fol. 175. Shall have house-boot plough-boot and hedg-boot 176. Fine upon every alteration and admittance Forfeiture of that by denying Rent and by Feoffment and livery 176. May lop trees Feoffment and Fine and other forfeitures fol. 177. Cordiners fol. 29. Costs VVhere the Plaintiffe shall have costs and where not fol. 209. Covin And fraudulent gifts to defeat Executors fol. 232. Count. Shall be certain 430. Vpon lending and upon buying 430 501. Count in an Action upon the Case for slander fol. 502. Count in Trespasse with walking with his feet fol.
504 Court-Baron And Leet how they are first ordained fol. 6. And where Suiters hold of the Mannor 7. Is incident to a Mannor 7. The order here begins to keep that 105. The charge in this here begins fol. 107. VVhat actions shall be there sued and what not 145. Capias shall not be awarded in that and which is a great Court 98. In what place it shall be held 186. VVhat is Court-baron and what of Record 187. The tryall in Court-Baron 187. Forraine matter pleaded there 187. The entries in Roll of Court-Baron here begin 186. Entries of surrender and admittances Forme of processe of execution Court of Ancient Demesne Here that begins 188. See before Ancient Demesne Court of Pipowders Is of Acts and Contracts onely within the Faire fol. 195. Court of the Marshalsey fol. 196. And the authority of that to hold Pleas fol. 127 Crosse-bows and Hand-guns fol. 28. Crow-Netts fol. 30. Customes Customes of diverse Mannors 200. It shall be reasonable according to common right and upon good consideration 201. What is good and what not 204. And who may prescribe fol. 105. It shall be taken strictly fol. 209. Damages FOR taking onely and not for retaining shall be recovered 211. In what Actions shall be recovery and in what not 211. Damages recovered in Dower fol. 314 Distresse For amerciament the Lord may distraine and for Fine or By-Law broken shall have debt or Distre 〈…〉 VVhat thing may be distrained and what not fol. 87. Discent VVhere one shall be sayd in by discent and where by purchase 212. A woman being young with child enters and see great with child and who is Bastard 213. VVhat is a possession in fee to be an impediment to the halfe blood 214. Discent and where it shall escheat fol. 214 De son tort Demesne VVhere one may plead that and where not c. fol. 216. Divorce If they have in Frank Marriage and are divorced the wife shall have all and if taile they have a free-hold by Divorce fol. 310 Double Plea See there what is a double Plea and what not fol. 441 Droit VVho hath more right and how it shall be directed 151. where after the Mise joyned judgement finall shall be given 151. Recovery in right c. fol. 496 Dower By attainder of tenant in taile where it shall be forfeited and where not 303. Third part shall be assigned to Eloppement 314. It shall not be of a reversion for life though his fee is joyned to the freehold 317. Nor it shall not be during the time of the husband being in Religion nor where be is joyntly seised 316. VVhere a villaine takes a wife it shall be under nine yeares it shall not be fol. 315 VVhere a Lord enters for Mortmaine or recovers in Cessavit the wife shall be 317. where the husband hath an estate in fee upon condition shee shall be 317. where the heire is remitted shee shall not be 317. where the husband looses by default or reddition she shall be fol. 318 Assignement by Guardian in Knights service by Disseisor Abator or Intruder good 317. Assignement by Guardian in Socage shall not be Rent assigne to the wife Rec. and yet assigne 317. Where the husband dyes seised and shee demands and hee was not ready the wife shall recover damages fol. 318. Entendment What is good by Entendment and what not fol. 443 Enquest In Leet if twelve agree it is good and a stranger may be sworne 13. In Court Baron by lesse then twelve for the Lord 13. In Leet it shall be by twelve at the least and see issue tryed in Court barâ—â— fol. 〈◊〉 Misdemeanor in drink or taking a writing fol. 225 Estray After the yeare and day and Proclamation made in the Church and Markets fol. 79 Escheat VVhere it ought and where it shall discend fol. 216 VVhere land ought fol. 217 Essoine After Issue but one Essoine 368. VVhere at two Venire fac Habeas corpora and distresse it shall be and where not 372. Action against three every one shall make Essoine severally and not after but c. 373. Of the Kings service cast in at the Distringas Jurat 374. After appearance the Tâ—nant shall not be in Assise 375. Of the service of the King the Essoine Sworne and he ought to bring in his warrant and shall loose 20 s. fol. 380 Exception of that entered and day of Essoyne fol. 280 It doth not lye for acorporation in the Scire fac fol. 381 VVhere it lyeth upon a re-summons and re-attachment and where not fol. 361. Evidence Vpon generall Issue that he had no such canse of action or no cause of action good 234. That he hath interest and an Estate good 235. Vpon general Issue he shall not have Evidence of another thing or contrary 236. VVhere the Evidence proves the substance of the Issue it is good 239. Exhortation to the Inquest Exhortation the cause that they are sworn 13. Execution What shall be and what in Court Baron and Capias is not there 227. Vpon a Recognizance and Statutes 231. Of Goods that he shall have Day of the Execution awarded of Land that hath Day of the Judgement 230. Four manner of Executions and Debt after the year 232 Fealty SHall be at the first Court and Attornement 140 Form of making Fealty 92 Who shall make that and who not 259 Felonies If Indictors of a Felon utter the Counsel of their Companions See divers manners of Felonies there 48 Forfeitures The King hath Year Day and VVaste and the Lord and Escheats 54. Of Goods onely and where not by Attainder 55. Of Lands Day of the Felony and Goods Day of the Judgement 57. And when Officer may seise 58 Formedon To a Gift first made it is not extended and Assise by Tenant in Tail where it lieth and where not 247 Shall make a Discent by all which tender Estate and the heir to every one is to sue 248. In Reverter and Discender Esplees is of the Donor and Donee in the Remainder in the Donee onely 249 Gage Law TRiall in Court Baron is by waging Law and by Assent by the Country 384. Where he shall have that in Account and where not 384 385 386. Detinue of VVritings and Obligation where he shall have his Law and where not 385. Vpon Arbitrement and Money awarded shall have his Law and not upon Statute 385. Debt for Salary for what he shall have it and for what not 385. He may where the Plaintiff fails in the Contract 185. He shall have it not shewing a Deed witnessing the Contract or Receit 388. Debt for Counsel he may have but not for Amercement in Leet 387. Where he shall save his defaule upon the Grandd Cape by waging of Law and where by Imprisonment and certain VVater 390 Garde VVho shall be in VVard and who not 250. VVhere part is in chief the King shall have all and where part Socage not all 254. Guardian cannot at this day out the Termor 256
Guardians of Churches Shall have Account against the old VVardens and Trespass of Goods taken 382. Shall have Indictment Appeal of Robbery and are a Corporation for Chattels 383. Church-yard and Church Free-hold of them seems are in the Parson 383. Church-yard and Church not inclosed shall be for that Complaint to the Ordinary 383 Grant of the King See mis-recitall false consideration and false svrmise 60. VVhat is good and what not where the King is deceived 61 General Issue In what Actions he shall have it and what it is 446 Hares TRacing of hares 309 Hawkers and Hunters VVhat is lawfull and what not 115 Hariot Custome is of every Estate aliened and Death 262. Service is properly by reason of Tenure and of every Discent 262. Custome esloigned the Lord shall have Detinue and distrain for hariot service 263. Lord where he may seise and where not and always for hariot custome seise 263. Of Copy-holder Surrender in extremes or aver 265. Hats and Caps 35. High-wayes 34. Hemp. 35. Homage 259. It shall be made to him that hath Inheritance and who shall make it 259. Horses 37 Hue and cry 33 Inmates WHo are and who not and who shall not have Common 90 Incidents VVhat they are and what Incidents may be severed and what not 70 Justice Justice should be made to every one 5. Justice should be ministred 5. And Letters to Justices 5. Judge Steward in Leet and Iustices of Peace are Iudges of Record 81. Iudge in Leet and Court Baron and how there 82 Imparlance Imparlance and day given 394. Imparlance generall and speciall 394. Pleas after Imparlance and last continuance 395. Hee shall have Plea which proves a writ abated or Barr 398. Pleas after the last continuance and day in Bench 399 After Issue matter for last continuance 399 Leet THE precept to warne that and the order to hold that 11. 12. It is ordained to be held twice in the yeare Scilicet within c. 14 The anthority of that inlarged by 18 Ed. 2. c. 13. The charge here begins in that 15. The Breviate of the Change begins 40. Cases argued and agreed to be inquirable there 42. Presentment there which toucheth free-hold traversable and otherwise not 24. Things there not presented shall be presented in Torne and if not in Eyre and if not in the Kings bench 84. It shall be held within a moneth unlesse by prescription and place 88. Form of entring the presentment there 88. The Steward there is Judge of Record 83. Record and his authority there Liberties VVhat the Lord shall have by Charter and what he shall have by prescription 59. Not using and misusing of that is a cause of seisure 58 Livery and Seisin 267 Delivering the Deed within the view in name of Seisin 268. Where give and grant is confirmed and good without Livery 269. Two infeoffed and Livery to one 270. Lex Law Law is ordained to the King for Government 4 The necessity of that and of charity 4 Mannor How that began 7 Materiall What in pleading and what not 456 Maintenance Not by Letters nor otherwise 460 To imbrace Iurors and suborn VVitnesses is 400. To say he will maeintain and doth not is no maintenance but to say that he will spend 20. l. c. is 400. To give money before Suit and covenant to have part of an Obligation for travelling with a stranger born is not 401. VVhere he hath an Obligation delivered for his Debt or Interest as Reversion or Remainder may 401. Servant arrested Master may give of his wages and lend him money 402. It is said that one learned may be of Counsel without Fee and give Evidence for his Fee but not labour the Iury. 404 406. VVho may pray a learned man to be of Counsel with one and who not 404. The Father may his Son Cozen and Kindred in action real and poor but not promise to a Iuror 402. For Burials in Church-yard all Inhabitants may 405 Manucaptor cannot retain Counsel and do nothing but see him appear 402 VVhat an Attorney may do and maintain 404 Modo forma VVhere it is material and where not 460 Mortmain VVhat is Mortmain and what not 36 75 273 Mortdancester Issue upon one point shall not inquire of more 271 Resummons and Process upon that 272. VVhere that lieth and where not and where it is devisable 273. Musters Non-tenure IN what action it shall be pleaded and non-tenure of parcell is not abatement for all 276 Nuper obiit VVhere it lieth between Sisters of halfe blood 277 Negativa preignans VVhere Issue shall be of that and where ntt 462 Obligations How the Conditions of them shall be pleaded 464 Office Grant to one which doth not know to execute void and where to two 282. Assignee and Deputy and where mis-using is Forfeiture 282 Officer How he ought to demean himself in executing Process 278. Executing erroneous Process he excuses and where it is out of their Jurisdiction and where not 279. Arrest in a Church and Bailiff errant without warrant 279 Plaints IN Assise 137 Of Mortdancester and Barr Of entry in the per and cui and Precipe of Summons In Formedon Precipe of Summons and the Count. 8 Pleadings Issue shall not be if he abated or not 422 Issue shall not be upon Affirmative and Negative 423 Diversity between pleading in Trespass and Assise 424 Barr good to common intent and First Face good 426 Barr shall be as high as the matter which is counted 427 Where the Defendants confess and avoids he need not traverse and where he ought 431 Detinue or Trespass the Defendant saith that they were delivered in pawn or by Replegiare and good without Traverse 431 VVhere the Defendant justifies in special manner he ought to traverse 432 Count and Barr good by intendment 445 VVhere the place shall be shewed certain and where not 447 Plea incertain for the year and day and what not 449 A thing issuable ought to be shewed certain 449 What is material pleading and what not 456 Pleading by name and grant and Evidence by name 457 In pleadings where he shall say that is the same 418 Where the Defendant shall say that it is the same Trespass or the same Imprisonment or the same maintenance 471 Conclude in pleading Where the Defendant shall say Judgement if the Plaintiff shall be answered and where Iudgement of the Writ and where to the Iurisdiction and were which so c 433 Order and form how one ought to conclude 433. Where to the Bar there shall be Replication the Defendant ought to conclude and this he is ready c. 433 Where the Defendant pleads to the Issue he ought to conclude and of this he puts himself c. 444 Where the Defendant pleads to the Issue and of this he desireth that c. 434 Where the Defendant pleads general Issue he ought not to conclude and this he is ready c. 434 Pleadings of his own wrong without such cause Where
of his own wrong the Plaintiff shall say and where not 436 Where the Defendant conveys from the Plaintiff or pleads special matter this shall be answered and of his own wrong c. it is no plea 437 Where the Defendant justifies as Constable Sheriff or by warrant of the Sheriff or by the Kings Patent of his own Wrong is no plea. 430 Where as Servant or Bailiff of the Sheriff by his commandement in aiding a Constable or Bailiff of his own wrong is good 439 Pleas after View See what Pleas he shall have 426 He may plead ancient Demesne matter apparent Joint-tenancy and non-tenure 420 Farmedon that be doth not omit any degrees nor no such Town nor to the Jurisdiction 421 Of what Precipe and Plaint in this nature 149 Presidents c. 467 Prescription Who may prescribe and who not 204. Town Inhabitants and Officers 205. Of Rena and of another thing without Deed 207 Presentment What traversable and what not 84. Prerogative of the King What the King shall have without Office found and what not 221. Where part in cheife of the King the Seigniory of another suspended but to the distresse 261. Pound open Pounds and for dead Chattels 71 VVhat is open and what other and where cattell dye in pound 71 Distress taken unlawfully and pound unlocked 284. VVho shall have Parco fracto and poundage for intire distresse 4 d. 285. Proclamation VVhere there shall be three and where but one 11. Process In Court-Baron 152 Grand Cape in Dower and Precipe of that 505. Between Petty Cape and the Petty Cape 505 Precept of summons in a Plea of Land 506. Precept of Summons in Assise of Mordancester 506 Habere facias sesinam upon a recovery by default 506. Attachment and form of that 155. Process of Execution 283 Recoveries IN Court-Baron in ature of a Right Patent Common recovery in Entry in the Post 497. Replication Where the Barr is vicious is made good by replication and where not and Jeofailes 474. Rescous It cannot be brought if the Lord distrain within his Fee and not out but if one distrain doing Dammages or not where out of his Fee he may 72 Releif Shall be paid at full age if he were not in ward and for Socage forthwith if he passe fourteen yeares 286. Part of the King yet the other Lord shall not loose Releife and two releifs by one and Tenant dies before notice 286 Where he is in by discent he shall pay and where by purchase and Fee farm not 287. where Devise and where a hundred shillings and a hundred Marks and grand serieanty 288. Corporation shall not pay that unlesse by prescription 290. Resiants And Suitors to a Leet Who are 65. Ryots Routs unlawfull assemblies and forcible entries 36. and 37. Roy. Ordained of God for Government The King is alwaies of full age 2. To disobey the King or Law is iniquity 5. and 6. He is the Lord of narrow Seas 45. He ought to scowre the Sea of Pyrats 45. He ought to defend Banks and Sewers of the Sea 46. Roigne The wife of the King differs from another marryed wife 2. Assurance of her power 39. Steward ANd his Authority in Leet and that he is a Judge of Record 81 82 He may amerce any of his own head without cause 154 Seisin Of what thing it sufficeth to have Ward Ass Advow and what not 287 Serement or Oath of Officers Of the Reve Bailiff and Heyward c. 91 Desiners Affirors Aletasters and Constables 92 Several Tenancy In what Action it may be pleaded and where he ought to maintain his Writ without that c. 476 Servant See before Husband and Wife 364 Statutes How it shall be expounded and taken by intendment Suit of Court Suit by Charter or Prescription 291 Coparceners and Joint-tenants 291 Suit by Coparceners of the King 292 By Attorney and not by Tenant in Dower 293 Tenant in Fee Lease for years upon condition if he disturbe he shall have Fee 296 Where the Fee in expectancy and where executed 298 See 149. b. and by devise 298 Where the Remainder is upon limitation and upon condition 298 Tenant in Tail What is an Estate Tail and what not 301 Lease by tenant in taile 302. Taile and forfeiture by attainder 303. Tenant in taile reversion in the King and rec Fine with Proclamation 355. He charged where he is bound in a Statute or Recognisance and dyeth 355. What is discontinuance of it and what not 355. What recovery the Issue in taile may falsifie and what not 307. Where a double Voucher and where a single is to barr 308 What debt due to the King shall binde the Issue in taile 308. Recovery against tenant in taile where the reversion is in the King the Issue is not bound by 34 H. 8. 308 Tenant in Frank-marriage After marriage as before 310. With a woman that is not cozen it is no Frank-marriage 310 After they are divorced the woman shall have all and where in Tail a Free-hold 310 Tenant after possibility of Issue extinct Shall not have aid nor waste and waste doth not lie against him 312 Is not compellable to attorn and if he alien he in Reversion may enter 312 Tenant by the curtesie VVhere he hath Issue a Daughter that shall not inherit yet he shall be and where a woman hath possession in Deed and where not 312. 313. A woman attaint the Husband shall be where he is born alive and doth not cry he shall be 313 Tenant in Dower See before Dower 314. Tenant for life VVhat is an Estate for life and what not 320. Tenant for years VVhere the Husband lets dies and where a Parson Prebendary or Tenant in Dower and dies 320. 321. VVhere Tenant is and dies without Issue and where Barr 321. Lease for life and forthwith another for years Bishop only and where he and the Chapter 323. He grants so much as shall be behinde the time of his death not good 303 Tenant at will He lets for years this is a Disseisin 324 Release to him is good he need not attorn Lessor dyes 324 Makes waste it seems action upon the case lies 324 He shall House-boot and debt lieth for his Rent 325 Tenant at sufferance VVho is and what Acts he may do and what not 325. Tenures In cheife is meerly of the King as of his Crown 406. Of the King as of an Honour Castle Mannor are not in cheife 406. To be held of the Dutchy of Corn waile Castle of Dover of the Honour of Barkhamstead are Tenures in cheife 409. Of the King in Burgage is Socage 407 To hold of us by Fealty and two pence is Socage in cheife 409. But where it is of us of the Mannor of E. by Fealty and 2d it is not Socage in cheife 409. Grand serianty and petty serianty 409. Rent held of the King 409. Of what Tenure the King shall have the first Seisin 409 Advowson Fishing Mesnalty lies in Tenure 411 VVhere