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
our Law and if he sue for that ten pounds in Court Christian Prohibition lies but if he promise one with his Daughter in Marriage ten pounds he shall sue for that in Court Christian 17 Ed. 4. fol. 4. If a man promise a certain summ of Money to another to marry his Daughter or Servant which he marries accordingly Debt doth not lie for it is Spiritual contrary Rogers and Sulyard for it is one for another though it were said contrary and the reason was it shall be sued in the Spiritual Court for this Cause 22. Book of Assises 70. If one promise that if he will marry his Daughter he shall have ten pounds this is a Contract this is a Promise in our Law and he shall have Debt but if he say he will give with his Daughter ten pounds he ought to demand that before the Ordinary 45 Ed. 3. f. 24. Where Covenant was by Deed between the Plaintiff and Defendant that if the Plaintiff took to Wife the Daughter of the Defendant that then he shall be bound to him in a hundred pounds and if he takes her to Wife Action of Debt lies and the Court shall not be out of Jurisdiction though that touch Matrimony for that that this was by Deed but otherwise it is if it were without Deed. 37 H. 6. f. 9. By Prisot if an Agreement be made that A. shall take the Daughter of B. in Marriage and if he marries her there it is said that he shall not have Debt for it seems it is not Quid pro quo Inquire for if one sels a Horse for ten pounds and hath no Horse yet he shall have Debt for that and yet it is not one for another and where I sell my Land in D. for ten pounds Debt lies and yet he hath not the Land before Livery 27 Book of Assises 29. Where a man sels all the Trees in his VVood and agrees that the same Buyer shall not cut them before Michaelmas next if Hauks in the mean time are in the Trees it seems that the Seller shall have them 14 H. 8. fol. 1. If a man let Land except the VVood and under-wood and Hernes and Shovelers make their Nests in the Trees the Lessor shall have them for the Trees are excepted and the Nests in the Trees and the same Law of Akorns which come by reason of the Trees 7 H. 7. fol. 5. If a man sell a Lease of Land and certain Cloth for ten pounds the Contract is intire and cannot be severed and if one of them were by defeasible Title and devested from the Vendee yet the Seller shall have the whole summ for the Contract is intire and cannot be severed See 12 H. 8. f. 13. 9 Ed. 4. fol. 1. 9 H. 7. f. 22. If a man sell stuff for forty pounds and deliver the stuff and no Money paid nor Day appointed yet it is a good Bargain and he shall have Debt for the forty pounds but 11 H. 4. f. 33. If one assume to make the Plaintiff a House before such a Day and doth not unlesse it be for such a summ of Money Action upon the Case doth not lie for it is a naked Bargain 9 Ed. 4. f. 54. By Littleton if a man recovers in Debt upon a Contract and doth not take Execution yet he cannot have new Action of Debt upon the Contract for the Contract is determined by the Judgement and the nature of the Duty changed to a Record And by Danby and Moyle in Account Debt Trespasse and such like it is no Plea that the Plaintiff at another time recovered in them unlesse he said that he had Execution also contrary Littleton and Choke See there in Debt upon an Obligation seems contrary 2 R. 3. f. 14. Where one brings Detinue and is barrd by Law waging he shall not have an Account afterwards for Detinue affirmes property in him and Account disaffirmes that 12 Ed. 4. fol. 13. Where is a Barr by waging of Law in Detinue one shall not have after an Action upon the Case for negligent keeping the thing as it seems 40 E. 3. fol 27. Where in Trespasse one recovers in London and be brought in the thing judged he cannot refuse this Judgement and sue for the Trespasse in a higher Court. 20 H. 6. fol. 12. Trespasse of Goods taken it is a good Plea that you at another time brought Trespasse against me and J. S. and that J. S. appeared and pleaded not guilty and it was found against him and that the Plaintiff had Judgement for it is carried in Damages and reduced into the thing judged and may have Execution at his pleasure but otherwise it is in Debt for there it is not a good Barr unlesse he pleads that he had Judgement and Execution against one 23 H. 8. Tit. 105. Action upon the Case Debt of twenty pounds if the Defendant hath waged his Law in this Action and the Plaintiff brings an Action upon the Case it is a good Plea for the Defendant to say that at another time he was barred in Debt for the same by waging of Law 2 R. f. Trespasse if in Debt or other Action in the common Bench the Defendant pleads Recovery of that in a Court of Franchise or that the Plaintiff is barred in a Court of Franchise though it be not of Record here yet it seems that the Defendant shall have advantage of Record and otherwise shall be a mischeif 46 Ed. 3. f. 17. 17 Ed. 3. Tit. Barr 246. Debt upon an Obligation it is no Plea that at another time before the Mayor of London the Plaintiff recovered upon the same Obligation against the Defendant and had Execution it is no Plea for that that the Obligation was not Damnum nor the Defendant doth not shew Acquittance and the Plaintiff by Award of the Court recovered 4 H. 7. f. 8. Three bound in an Obligation joyntly and severally it is no Barr for one to say that he recovered against another but that he recovered and had Execution is good and he ought to shew Acquittance of the Payment or otherwise he shall be charged 5 Ed. 4. fol. 5. Debt by severall Precipes against two by Choke where he hath Execution against one he shall not have against the other afterwards 22 Ed. 4. fol. 7. Two are bound in an Obligation joynty and severally if I have Execution against one this is a Barr against the other but not Judgement onely Husband and Wife What Contract and Act of a married Wife Bailiff and Servant shall binde the Husband or Master and what not A Married Wife hath no Will but the Will of her Husband and for that if a married Wife sell or give Goods and the Husband agree before or after it is good and it is his Will and his Sale and if the Bargain be advantage or disadvantage to the Husband Agreement of the Husband makes it good the same Law of an Assumpsit made to a married Wife to deliver one out
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
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
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
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
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.
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
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.
JURISDICTIONS OR THE LAWFUL AUTHORITY OF Courts Leet Courts Baron Court of Marshallseys Court of Pypowder and Ancient Demesne TOGETHER WITH THE MOST NECESSARY Learning of Tenures and all their Incidents of Essoynes Imparlance View of all manner of Pleadings of Contracts of the nature of all sorts of Actions of Maintenance of diverse other things very profitable for all Students of Innes of Court and Chancery And a most perfect Directory for all Stewards of any the sayd Courts Heretofore writ in French by the methodically learned JOHN KITCHIN of Grays-Inne Esq And now most exactly rendred to more ample advantage in the English tongue with a demonstrative Table pointing out all matter of consequence throughout the whole Work Whereunto is added the authentick formes of all manner of Writs with their severall returnes in English very usefull for all men in this Common-wealth as they be now used LONDON Printed by T Roycroft for M Walbancke at Grays-Inne Gate and H Twyford in Vine Court in the Middle Temple 1651. TO The Students of the Innes of COURT AND CHANCERY JOHN KITCHIN wisheth happinesse TO the end no failer in the administration of Lawes from which the Common-Wealth receives its establishment may through ignorance be admitted as much as my abilities have prompted me unto for direction of such as keep Courts I have here preferred at once both to profit and censure both which I shall as justly expect as that I am confident my indeavours are neither fruitlesse nor free from Errings having neither been industriously idle nor blessed with infalibility yet such as they are I most seriously wish them to your advantage who are many of you imployed in the keeping of Court Leets Court Barons and other Courts and Jurisdictions And therefore I have here in this Book collected all such cases out of our Books of Law under such generall heads and notions which are upon any occasion to be discussed so that those who either have not the said Books at large or have them and yet want time to peruse them may here for sweatlesse labour receive satisfaction in exchange whereupon I have fixt my hopes that ignorance the naturall Mother of Errour which hath so much fostered it selfe in those imployments into which many Ignaro's have thrust themselves with ignorance and confidence of equall size will lose its no-being in Judiciall performances and that the knowledge of the Law in this kinde may prove impulsive to the Love of Justice which is alwaies the lesse regarded by how much Ignorance is her Enemy Ignoti nulla Cupido For desire and nothing are the same where the understanding is not felicitated with apprehension which here I teach as far as it is essentiall for any man Quatenus he is a Steward of Courts in which duty I wish him Jurisprudentiall for his owne Honour and the Publique benefit desiring nothing in requitall but your kinde accepctance From GRAYS INNE THE PREAMBLE FIRST before I write of the Order of Courts Leets Courts Barons you ought to consider for what cause the King was ordained of God Secondly For what cause the Law was ordained Thirdly How ancient these Courts are and for what causes and matters they were ordained and also how necessary it is that the Law be duely and truely administred in these Courts And first Fortescue leafe the 30. saith As a naturall body cannot be without a head so a Realme cannot be governed without a head which is the King And there he further saith That whensoever of many one is constituted amongst them one shall be Governour and the rest shall be governed Britton leafe the 1. saith The King is ordained of God that the Peace be kept the which cannot be well without Law And Fortescue also saith All power is of our Lord God Bracton saith also That the King is Gods Vicar upon Earth to seperate right from wrong Justice from Injustice that all which are Subjects to him should live honestly and none should hurt another but that to every man which is his owne by a rightfull contribution should be given for he is called King by well Governing Stamford leafe the first saith The King is the preserver nourisher and Defender of all his people and that by his great travell study and labour his people onely injoy their lives Lands and Goods But all those which they have in peace and tranquility and that by the Law And as the body of a man cannot live without the head but will fall downe unto the ground so the Common-wealth cannot be governed without a head which is the King Also Seneca saith Where there is not a Governour there the people will be confounded Prov. Chap. 11. Where there is not a Governour the people goe to ruine Rom. chap. 13. There is no power but of God and which are the true Powers are ordained of God The Person of the King and the Queen his Wife By the Commentaries leafe the 45. By the 7. of Edw. 2.34 The King is a Corporation See 1 H. 7. leafe 10.21 Edw. 4. Title Age it is no Plea that the King is within Age 1 Edw. 6. title 373. the King shall have his Age as Duke of Lancaster and not as King by the Commentaries leafe 213. See Stamford 10. If the King grant a Lordship to one in Fee the Grantee shall not have his Prerogative but if he grant that for life to the Queen and Prince that remaineth in the King and for that the Queen and Prince shall have Prerogative and though that the Queen is a person exempt from the King and may sue and be sued in her owne name yet that which shee hath is the Kings 1 H. 7. leafe 29. where a Reversion was to the Queen Ayd shall be of the King by Townsend and by some of both the Benches Stamford 75. Petition shall be to the King himselfe onely and not to the Queen or Prince 3. H. 7. leafe 14. The Queen is as a common person and as a Woman alone to let for life and to make personall things 11. H. 7. leafe 7. The King letteth to the Queen for life and shee leaseth at will In Trespas against the Tenant at will he shall not have aide of the King for he is a stranger to the Patent of the King 7. H. 7. leafe 17. 18. Edw. 3. leafe the first Phillip the Queen brought a Quare impedit and held that the Queen may bring a Writ in her owne Name and shall finde no pledges and for that it shall not be in the Writ Vnde c. 20 Edw. 4. leafe 1. Fitzherbert 101. 21. Of the Book of Assises 13. the sayd Phillip brought Deceit of a Fine levyed by Tenants in ancient Demesne at the Common Law 19. Edw. 4. leafe 2. J. B. granteth to the Queen the next Advowson of the Church of Dale and shee alone of that bringeth her Quare Impedit 49. Edw. 3. leafe 4. The King may give to the Queen for her life and shee may have
other Oyes And forthwith after the three Proclamations made the Steward shall cause the Bailiffe to say If any man will be Essoyned and in Court Baron If any will be Essoyned or enter any Plaint come you in and you shall be heard And then the Steward ought to say Essoynes and profer of Suit and Plea three times and in the end Essoyne for this day and then the Steward enter the Essoyne in the Court Roll as it followeth in the entry of the Court Roll. Then after this the Jury shall be impannelled and first one shall be sworne and after three or foure together and the Oath shall be as followeth You shall enquire and faithfully make presentment of all things which I shall give you in charge The Oath of the Jury your Companions counsell the King and your owne you shall keep and you ought to present the truth and nothing but the truth So helpe you God But in the Court Baron there shall be omitted in the Oath to keep the Kings counsell for that is no Court of the Kings as a Leet is Note in the 27. In Feloni tantum of the Book of Assises p. 65. a Juror was arraigned in the Kings Bench as a Felon for that he was one of the Indictors of certaine persons of felony and discovered the counsell of his Companions and in Leet it is counsell of the King Yet Seck if he were attaint what Judgement shall be given And when the Foreman of the Jury for Court Leet or Court Baron is sworne three or foure shall come to the Booke together and shall be sworne together as afore is said To which the Steward shall say The same Oath which J. S. your Foreman hath taken of his part you for your parts well and truely shall observe and keepe So helpe you God and so the rest shall be sworne by three or foure together as in a Leet at least there shall be twelve sworne For 6. H. 4. fol. 2. is Jurors Leet that a Presentment in Leet shall be by twelve and not by fewer otherwise every Presentment there is traversable And 3. H. 7.4 If any stranger be there if there be not sufficient residents there to be impannelled the Steward may impannell a stranger there for that it is to enquire for the King and for redressing matters which are annoyances to the Common-wealth and if more be sworne then twelve as they may be for the King yet if twelve of them agree and the residue not it is a good Verdict and it used very often to be fifteene sixteene or seventeene of the Jury in the Leet but a Jury to try an Issue betweene parties by twelve onely as it appeareth by 21. Edw. 3. fol. 31. and 29. Edw. 3. fol. 43. And that a Verdict of eleven shall not be taken 41. of the Book of Assises p. 11. Jury or Court Baron yet in a Court-Baron there may be impannelled and sworne there lesse then twelve to inquire of Articles for the Lord. The cause that the Jury shall be sworne is That the end of all controversie to confirmation is an Oath and this is the cause that the Juries are sworne and not otherwise credited And see Fortescue fol. 54. The tryall in this Realme by tryall by twelve is a good tryall and necessary as at large by him appeareth Exhortation to the Jury Feare God and keep his Commandements this concernes every man then I pray you How have you the feare of God How doe you keep his Commandement which is the whole truth if you doe not regard your Oath Remember also Jeremiah Chap. 4. which saith You shall sweare in truth in Judgement and in Justice and so remove love feare hate and hope that is to say that you doe nothing for love nor for feare nor for malice hatred hope of benefit and gaine but to present justly and you ought to remember who saith Be not overcome of evill but overcome in good evill Saint Paul you shall not receive gifts because gifts blind the eyes But you ought to present justly Deut. Chap. 16. Woe to them that call good evill and evill good Isai 15. Thou shalt not annoint thy fist nor beare false witnesse against thy neighbour Exodus Chap. 20. The lips of a Lyer are an abomination to the Lord Prov. 6. It is just Judgement where not the person but the workes are considered Plato And so from your hearts expell all affection and be yea mindfull how many threatnings God hath appointed for breaking of an Oath First the Prophet saith Thou hatest all that worke iniquity thou destroyest all which speak a lye Dan. 5. He that blasphemeth the name of the Lord shall dye with the death Levit. Chap. 14. Thou shall not live because thou hast spoken a lye Zechariah 13. Ananias and Saphira for a lye in selling a Feild forthwith were slaine Acts Chap. 5. And so you see what perill and indignation is from God for not regarding your Oath and to utter the truth you shall be sure to be the children of God which is truth and you shall obtaine quietnesse to your selves and to all your neighbours and your Common-wealth shall florish with vertue and offendors and sinners shall be punished and abolished for the Leete is appointed to that end And note that at the beginning there might be every yeare as many Leets as he would which had that in his Mannor And after that Leets were ordained to be held but twice in the yeare Rastal County c. 2. by the Statute of Magna Charta Chap 35. Scilicet betwixt the Moneth of Michaelmasse and Easter 6 H. 7. fol. 2. Presentment of Felony in the Turne of the Sheriffe held after the Moneth of Easter is void although it were for the King for the Statute is That the Sheriffe in this case shall loose his Turne which is as much to say all in that shall be voide 38. H. 6. fol. 7. the same But by Prescription Leets are held a day certaine in the yeare And after the authority of the Leet was enlarged by the Statute de 18. Edw. 2. called the Statute De visu Franchi plegii And after by diverse others Rastal Leet 1. for what things are inquirable in Leets as in the Charge more at large may appeare and all the Articles are but for the advancement and preservation of the Common-wealth as by the Articles of your charge more at large may also appeare And in so much now that you see for what cause Leets were ordained and how the authority of them is inlarged for Government of the Common-wealth Now you ought to consider that you which are of the Jury are chosen in such manner as the Angels of God are at the last day of Judgement of man for as it is written Then shall the Angels come out and shall seperate the Ill from the midst of the Just And so you ought to separate the Just from the Ill persons and you ought
the party shall not have them again without fresh Suite and sue an Appeal and now upon an Indictment give that in Evidence BY fresh Suite the first Owner shall re-have his Goods which were stolne and waived if he make fresh Sute and bring an Appeal 21 Ed. 4. Tit. 16. Trespass the Lord justifies for that they were stolne and waived the Plaintiff may say that they were not stolne or they were not waived 12 Ed. 3. fol. 5. Goods waived the Owner may seise them twenty years after if the Lord of the Franchise nor the King seise before but if they are seised yet if he bring an Appeal and make a fresh Suite he shall have them again 21 Edw. 4. Tit. 16. Detinue the Defendant as Lord justifies that he took those as waife and good 10 H. 6. fol. 22. If one have a Waife and it be taken out of his Mannor he shall have Trespass without seising and though he do not seise them Fitzh fol. 91. Waifes and strays not claimed within the year and day are the Lords Britton fol. 26. Where Goods are waived and the Lord seises them the property is changed that the Owner shall not have them without suing an Appeal notwithstanding by the 21 of H. 8. chap. 11. Rastal Restitution 2. If he give Evidence to the Jury upon the Indictment he shall have Restitution Brook Estray 8 If a man be robbed and make fresh Suite he shall be restored notwithstanding that he which hath waived hath seised them before 7 H. 4.44 If he make fresh Suite after the Felony he shall have his Goods again notwithstanding that they were waived and seised and there ought to be an Appeal sued and so to have them when they are seised Stamford fol. 186. A. Authority of the Steward Then let us see the Authority of the Steward and also of the Court Leet THe Steward may make his Precept by word to the Bailiff to distrain and it is good 16 H. 7 fol. 14. If a man refuse to be sworn of the Jury he shall be fined and the Steward of the Lord may commit him to Prison till he hath paid his Fine or amerce or distrain him for that 31 H. 6. Leet 11 Quere of committing a Tenant to Prison for in Magna Charta chap. 29 is no man shall be taken c. The Steward may cause a stranger which cometh within the precinct of the Leet to be sworn to inquire in the Leet where he hath not sufficient residence and the Lord may sell the Distress taken in that for that it is the Kings Court 3 H. 7. fol. 4. 11 H. 7.14 the same and 21 H. 7. fol. 40. The Steward is Judge in the Court Leet and in Court Baron the Suitors unless all the Suitors be Copy-holders and then I intend they are no Judges but the Steward for that they have but a base Estate and the Free-hold is in the Lord 12 H. 7. fol. 17.6 Ed. 4.3 Note that where a false Judgement is sued the Suitors are called Judges to certifie c. but yet the Steward ought to be skilled in the Law and of matters in Law it seemeth he shall give Judgement and not Suitors for Actions and matters in Law and yet it is before the Suitors and though ignorant persons in Law rule in Court Barons and Liberties that ought to be by them skilled in Law and when there is a Liberty and Court granted to a Mayor that is held by their Recorder or Steward which is intended to be skilled in the Law otherwise it seemeth a cause to re-seise it so that an ignorant person cannot meddle in matters touching the Law The Steward may send a Prisoner taken for Felony to the Gaol 13 H. 4. fol. 12. The St. is Judg of Rec. may assess a Fine for contempt made in a Leet and the Lord shall have Debt for that 7 H. 6. fol. 13. 10 H. 6. fol. 7. Leets are appointed for the Common-wealth Leet as for preservation of the Peace and for that they are Courts of Record Fitzh fol. 82. in the beginning It is said that a Leet is a Court of Record 21 H. 7. fol. 33. Tenants in a Leet may make by-laws 11 H. 7. fol. 14. 21 H. 7. fol. 40. The Seneschall of the Leet may compell the Suitors to swear but otherwise it is in a Hundred 39 Ed. 3. 44 Ed. 3.15 Leet 6. Where one hath a Leet he hath but the Amercements and the day is to the King and for that the Steward represent the person of the King 41 Ed. 3. fol. 27. Suite at the Leet is called Suite reall for that that that is the Kings Court 45 Ed. 3. fol. 23. If the Steward of the Leet command the Bailiff to impannell a Jury to inquire for the King upon pain of forty pounds and he refuse to do it he may put upon him the pain of forty pounds and at the second time fifty pounds or more and note that upon all pains the Lord may have an Action of Debt 7 H. 6. fol. 13. 23 H. 8. Tit. 34. Debt lieth for pain for not amending an Annoyance and for Usage Distress If the Jury will not present the Defaults in a Leet of which they are informed the Steward may assesse a Fine upon them 10 Ed. 4. fol. 4. If any Suitor present in Court refuse to be of the Jury or if any make another such Contempt or any Contempt or disobedience in Court Leet the Steward may set a Fine upon him without affirming by Affirors but when one is amerced that shall be affirmed by Affirors 10 H. 6. fol. 7. When the Steward sets a Fine upon a Suitor in Court Leet or other person for his mis-demeanour this is called a Fine and not an Amercement and is not traversable 7 H. 6. fol. 13. Judge of Record For that the Steward is a Judge of Record in Leet it is expedient to see what a Judge of Record and one by him may do and what not IT seeemth that a Justice of Peace ought not to make a Precept to arrest one for Felony but if he doe for that he is a Judge of record the Bailiff that serves that is excused for he cannot argue his authority no more may the Sheriff argue the authority of the Justices 14 H. 8. fol. 18. 9 Ed. 4. fol. 3. A Justice of Peace may arrest a man for suerty of the Peace by his discretion and though he suffer him without a suerty the party shall not punish him for that he is a Judge of Record 9 H. 6. fol. 60. Action of the case doth not lye against a Justice of Record supposing he hath made a fall Record or that he hath caused false Entry to be made contrary against an Office as against an Escheator for returning a false Office or against a Sheriff for they are Officers of Record and not Judges 12 H. 4. fol. 3. If a Judge of Record award one to Prison without cause he
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
returned attached and doth not come it is forfeit to the Lord 28 H. 6. fol. 9. If the Sherif attach a Cow the property is not out of the defendant till he make default upon return of that and if the Sherif leave the Cow attached with the defendant yet if he make default it is forfeit to the King and the Sheriff may take it with him at the first if he will 9 H. 7. fol. 6. By Brian a plaint cannot be affirmed in a Court Baron but the Court sitting and so attachment shall be awarded the Court sitting notwithstanding it is used otherwise 21. Ed. 4. fol. 79. By Babington that attachment shall be by a meer chattel which shall be forfeited by default of the party but it shall not be by a chattel real as a lease for years or a ward nor for apparrel 7 H. 6. fol. 10. That attachment shall be of chattels which a man may forfeit by outlawry 26 H. 6. T it assise 14. By Moyle That no goods shall be attached but the proper goods of the party and not the goods which the party hath in pawn or that he hath borrowed 35 H. 6. fol. 25. The precept of attachment is made as it followeth c. IK Steward to the Bailiff of the same health Prebend of Islington Attachment because I.S. complaineth against I. D. in a Plea of debt of 30 s. or in a Plea of Trespasse if the Plaintiff sue a trespasse c. or in a Plea of detaining c. and find pledges to prosecute c. Therefore I command you that you shall attach the aforesaid I. D. by all his goods and chattels to answer the aforesaid I. S. in the Plea aforesaid at the next Court there to be held and have there this precept and how c. Dated the 23. of April the year of the Raign of Queen Eliz c. 22. By me I. K. Steward Note that in a Court Baron a man shall be attatched by goods and there shall issue no Capias there Where the entry is The great Court of J.S. there held this is but a Court Baron And where the entry is To the great Court with Leet it is presented this is uncertain and not good for the entries shall be several as it follows afterwards 10 Ed. 4. fol. 17. By-Laws I entend that By-Laws and Paints which is the 21 Article of Charge may be made in Court Baron as well as in Leet IT is said that a town may make by-Laws 11 H. 7. fol. 14. and 44 Ed. 3. fol. 19. and that where by-Laws are for the Common-wealth are good and it is general that by-Laws may be and it is not material in what Court so I intend for these causes were made in Court Baron By-Laws for inheritance shall not bind but those which were parties to it and not any other which was no party 15 Eliz. One by-Law may order the Inheritance of a man but cannot dis-inherite any by Manwood 15 Eliz. By-Law may be made in Leet and may be in a town by Harper and shall bind every one if it be for the Common-wealth and otherwise not but onely he which agrees and not an estranger 11 H. 7. f. 14. One avows taking of distresse and prescribes that c. there was a custome had that all the tenants or the greater part of the tenants of this Mannor and other the residents and Inhabitants within that Mannor or the greater part thereof to the Court Baron of that Mannor held at the said Mannor were used and acustomed to make Laws called by-Laws which proves that by-Laws may be made in Court Baron as in Court Leet 2 Eliz. Dier saith That a Steward by assent of the tenants in his Court could not by the Law apportion himself and the residue of the tenants of their Common for sheep if they have that by the grant of the Lord himself But if they have that by prescription otherwise it is And they may agree that he which surcharges shall pay to the Lord so much but then it behooveth the Lord to shew authority by prescription that his tenants have made such by-Laws of the Commons and other things of Land of time whereof c. and ought also to prescribe that he had used to distrain for that but if such amerciament had been paid without distresse of their accord this is good evidence to the prescrption of distraining Copy-holders Now let us see of Copy-hold which is the 22 Article of the Charge and first what interest a Copy-holder hath by the Law and what by the custome TRespasse by Tenant by Copy it doth not lie against his Lord for his Copy-hold Besides Danby and Bryan 21 Ed. 4. But he shall have a Subpena against his Lord and not a trespasse 7 Ed. 4. fol. 19. And at ths day it is held that a trespasse lies Tenant for life by Copy shall say in his pleading that he is seised in his demesne as of a freehold according to the custome of the Mannour and if he hath fee that he is seised in his demesne as of fee according to the custome of the Mannor and justifie not that they have no freehold at the common Law but by the custome so that Copy-holder hath fee and freehold by the custome and not by the common Law as it seems by this book 21 Ed. 4. fo 96. Trespasse against the tenant by Copy hath aid of his Lord 15 H. 7. fol. 10. and 21 H. 6. the same Copy-holder may have trespasse against one of trees cut though that the Freehold be in the Lord. So by this it seems that he may have trespasse against every one for trespasse made upon the Land but against the Lord 2 H. 4. fol. 13. The Dean of Pauls hath a Lordship of Ploughers and all the tenants are tenants at will and the freehold is in the Lord and there iâ— appears that a Copy-holder may have a trespasse at the Common Law against one which makes a trespasse upon his land but he cannot sue action at the Common Law for the land nor remove that suit out of the Court of the Lord 1 H. 5. fol. 11. The Lord shall have the wood of the Copy-hold and sell it unlesse the Copy-holder have that by custome as in many Mannors he hath 2 H. 4. fol. 13. and 43 Ed. 3. f. 32. Tenant by Copy at will which is called tenant of base tenure if he be outed shall not have a Right close but sue by Bill in the Court of the Lord and in times past a Copy-holder was called a tenant in villenage or of base tenure Fitzh f. 12. B. Tenant by Copy or by verge at will of base tenure shall never have a Monstraverunt But the Copy-holder in ancient demesne of freehold shall have it Fitzh 14. D. If my copy-holder enfeoff one I may enter for forfeiture 11 H. 4. f. 81. Tenant by copy cannot alien his land by a deed for if he do it is
Surrender before it be presented in Court or after if it be not by that admitted afterwards and that is often used and stands with reason and so is the Law as it seems to me If Tenant by Copy of Court-roll be attaint of Felony or Treason the Lord of the Mannour may enter for Tenant by Copy is but Tenant at will according to the Common Law though he hath Inheritance by the custome If a Copy-holder surrender into the hands of the Lord to the use of another and his Heires if the Lord will not admit him Tenant then the Land shall remaine in him which made the surrender and yet he to whose use it was made may sue by a petition or by a Subpena to be admitted If one which hath no right and was not admitted surrender to the use of another and he to whose use the surrender is made enters into the Land and is admitted yet he which hath right may re-enter and out him notwithstanding the Grant of the Lord. But it seems if a Coppy-hold descends to J.S. and he before that he is admitted Tenant surrender that to the use of J. D. and the Lord by his Steward in Court grant Seisin and admits him Tenant it is said to be a good surrender and J. D. shall injoy the Land against J. S. and his Heires Seeke for in the case against Roo the Issue was if he were admitted according to the custome of the Mannor or not Quere and yet this is no disproofe of this opinion but if a Coppy-holder surrender to the use of J. S. J. S. cannot surrender before he be admitted The Lord of the Mannour where the custome is that the Tenants hold by Copy is Chancellour within the same Court Chancellor and may redresse matters there in conscience where a Bill is exhibited to him Suitors so that the Coppy-holders are no Judges in the Court. If an under Steward hold a Court-Baron without authority of the Lord or high Steward Steward and the Lord agree and do not contradict the Steward and there be surrenders made and admittances of Copy-holders in the Court this is good but if he take a surrender and admit one out of the Court without authority of the Lord or high Steward it is not good notwithstanding a lawfull Steward as it seems may take a surrender out of the Court and admittance made out of the Court is good if it be entred in the Court-Roll that he is admitted and hath paid his Fine and hath done fealty And if one holds but one Court by appointment of the Lord where another hath a Patent to be Steward and is absent surrender taken and entred in this Court is good and also is admittance 2 Ed. 6. Tit. 26. Note that the high Stewards are for most part men of honor Steward and great men by patent and their under Stewards are men learned and are appointed by them and without Patent and the use is that they which are under Stewards to such men take Surrenders out of the Court and they are well taken by such under Stewards and the parties are admitted in the Courts held by them that is in open Court and also no doubt when such under Stewards take surrender out of the Court and that is presented by the Homage as the usage is in the Court and the party admit accordingly this is good for without authority these are not for if J. S. make a command to the Bailiff to warne the Court to be held such a day and it is warned and J.S. keeps the Court and is not contradicted by the Lord surrender taken by this J. S. out of the Court and presented and entred in this Court is good though that J.S. have no Patent of his Office for it is not without authority for if he cannot keep Court without a Patent then to every Court it behoveth the Steward should shew his Patent which is not used and was never in Issue whether the Steward had a Patent or not nor if J. S. be Steward or not and specially if he keep the Court warned by his command by diverse daies before the Court kept or if the Lord agree that he shall keep the Court and it is inconvenient that for defect in the Steward which takes surrender out of the Court and enters it in the Court by the allowance of the Homage but that it should be good otherwise one may say thirty or forty years after that the Steward had no Patent of his Office which is inconvenient and ought not to be Where the Steward of the Bishop of London of his Mannor of Hornesey hath a Patent of his Office with confirmation of the Dean and Chapter by the name of Aldred Fitziames where his name was Etheldred surrenders taken by him out of the Court and at the next Court are entred it is found by the Homage that such surrender was made c. and at the same Court the Tenant is admitted accordingly and though that his Patent in time of the Succesfor after in Assise against him be defeated by mis-naming or by other cause yet the Surrenders taken by Aldred Fitzjames during all the time of twenty yeares before his Patent was defeated are good and perfect for that that the surrender was it is found by the Homage and also for that he was the known Steward and also for that he is Judge 33 H. 8. Br. Charge 58. Confirm 30. The same Law seems in the same case if the entry were it is witnessed by the Steward or at this Court it is inrolled so that is to say that J.S. came before the Steward the Court being absent and surrendred c. and in full Court the admittance is accordingly this is a good surrender though it be not entred it is found by the Homage c. for the entry of admittance is The Lord by A. Fitziames Steward gave him Seisin thereof and it is that the Lord by his Steward admitted him and for that it is good insomuch that to that is the assent and grant of him which surrendred and also of the Lord. The same Law if the high Steward to J.S. which hath no Patent in writting of his Office takes a Surrender out of the Court and at the next Court enters that at the next Court it is inrolled so that J. S. came before the Steward the Court being absent and surrendred c. And he to whose use the surrender was made be admitted in full Court this is a good surrender The same Law is like if J. D. be Steward to a corporation without a Patent of his Office and takes surrender as above out of the Court and at the next Court enters it at this Court inrolled so that J.D. such a day came before J. D. Steward and surrendred c. And he to whose use the surrender is made is admitted in full Court this is a good surrender for that that the Steward doth in a
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
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
take A. B. if c. Reciting the execution untill these words as it doth appear to us upon record yet because the said C. D. in the same Court before us in the Upper Bench at Westminster did acknowledg that he is satisfied for the debt and damages aforesaid therefore we command you that you for ever supersede from taking attaching Imprisoning or him the said A. B. for that cause any waies molesting And if you have taken him the said A. B. for that cause and no other then without delay upon your perill you cause him to be delivered from the Prison where he is so detained if for that cause and no other he is detained Witnes c. Subpena THe Keeper c. to J. B. and C. D. Greeting we command you and both of you notwithstanding all and every busines and excuses whatsoever that you be in your proper persons before Henry Roll Cheif Justice assigned to hold Pleas in the Upper Bench at Westminster on Friday the 29th day of November at Guild-Hald London there to testify all and every those things according to your and both of your knowledg and notice which you or either of you have known in a certain action now depending in the Upper Bench at Westminster undetermined between E. F. Plaintiffe and H. J. Defendant in a Plea of trespas and ejectment to be tried between the said Parties by a Jurat of the Country And this in no wise you omit neither either of you omit upon the penalty of either of you of a hundred pound Witnes c. Subpena to testifie before the Sheriffs of London THe Keeper c. as above untill these words proper persons before the Sheriffes of London the 15th day of May about one a clock in the afternoon of the same day at Guild-Hall London to testifie c. as above untill the day and place aforesaid to be inquired of before the said Sheriffes by the Oath of twelve honest and lawfull men of the City of London aforesaid Witnes c. Venire facias THe Keeper c. to the Sheriffe of London Greeting We command you that you cause to come before Us in the Upper Bench at Westminster on Wednesday c. twelve free and lawfull men of the visne of the Parish of Blessed Mary of Bowe in the Ward of Cheap London every one of which hath foure pounds of Lands Tenements or Rents by the yeer at the least by whom the truth of the matter may better be known And which neither the said A. B. Plaintiffe nor C. D. to happen into any affinity to make a certain Jurat between the parties aforesaid of a Plea of Debt because as well the said C. D. as the said A. B. between whom therof there is contention have put themselves into that Jurat And then you have there the names of the Jurors And this Writ Witnes c. Venire facias with a Proviso THe Keeper c. as above untill these words have put themselves in that Jurat Alwayes provided that if two Writs shall therby come to you you onely execute and return one of them And then you have there the names of the Jurors And this Writ Witnes c. Also the Distringas Jur. may be made with a proviso Distringas Jur. THe Keepers of c. to the Sheriffes of London Greeting We command you that you distrain A. B. c. naming the 24. Jurors Jurors summoned before Us in the Upper Bench at Westminster between A. B. Plaintiffe and C. D. by all their Lands and Chattels in your Bayliwick so that neither they nor any by them put hands to those thing untill you have thereof another Precept from us And that of the issues thereof you answer to us so that you have their Bodies before us in the Upper Bench at Westminster on Wednesday next after five weeks of Easter or before our faithfull and well beloved Henry Roll Cheif Justice assigned to hold Pleas in the Court before Us in the Vpper Bench at Westminster if first he come on Tueâ—day the â—1 day of May at Guild-Hall London by the form of the Statute in such case lately made and provided to make a certain Jurat between the said parties in a Plea of Debt And to hear their Judgement of many defaults And then you have here the names of the Jurors And this Writ Witnes c. Distring 〈…〉 the Issue at the Bar. THe Keeper c. as above untill these words so that you have their Bodies before Us in the Upper Bench at Westminster on c. next after c. to make a certain Jurat between the said parties in a Plea of Trespas and Eâ—ectment And thereby to hear their Judgement c. And you have c. as above Distring 〈…〉 THe Keeper c. Greeting We command you that you distrain A. B. Esquire lately Sheriffe of your County by all his Lands and Chattels so that neither he nor any by him put hands to those things untill you have thereof another Precept from us And that of the Issues thereof you answer to us so that you have the Body of C. D. by him taken and in our prison under his custody detained as he himself by his Return to us in the Court before Us in the Upper Bench at Westminster formerly thereunto by him sent hath charged himself before us in the Upper Bench at Westm on c. next after c. to answer E. F. in a Plea of Trespas And then you have here this Writ Witnes c. Writ of Inquiry THe Keepers c. Greeting Whereas A B. lately in the Court before us in the Upper Bench at Westminster by a Bili without our Writ and by judgment of the said Court had impleaded C. D. of E. in the County of F. Yeoman for that that is to say that whereaâ— one J. H. the 19th day of April in the year of our Lord one thousand six hundred and fifty at L. in the County aforesaid had demised granted and to farm let c. And so recite the Declarat ' And thereupon then produced the Suit c. Such like processe thereupon is taken before us in the same Court that the said A. B. ought to recover his damages against the said C. D. by reason of the premises but because now it is unknown what damage the said A. B. in that behalf sustained Therefore we command you that by the Oath of honest and lawfull men of your Bayliwick you diligently enquire what damages the said A. B. aswell by reason of the premises as for his costs and charges by him about that Suit in that behalf disbursed And the inquisition which you shall thereby take you make manifest before us in the Upper Bench at Westminster on c. under your Seal and the Seals of them by the Oath of whom you take thaâ— inquisition together with this Writ Witnes c. Exigent THe Keeper c. To the Sheriffes of London Greeting we command
you that you make A. B. lately of C. in the County of C. Gent. to be required from husting to husting untill according to the Law and custome of England he be out-lawed if he shall not appear And if he shall appear then you take and cause him safely to be kept so that you may have his Body before us in the Upper Bench in the fifth week after Easter wheresoever we shall then be in England to answer C. D. in a Plea that whereas the said C. D. and A. B. at London had accounted together of divers sums of money being before that time due to the said C. D. from the said A. B. and being then behind and unpaid And upon that account the said A. B. was then and there found in arrerages to the said C. D. in a hundred pounds of lawfull English money the said A. B. in consideration thereof did assume and to the said C D. there faithfully promised that he the said A. B. would pay that men 〈…〉 the said C. D. yet tâ—â— said A. B. hath not yet paid the said money to the said C. D. although he hath been therunto required to pay the same to the damage of the said C. D. one hundred and twenty pounds as he saith and whereupon you your selves have sent to us that the said A. B. is not found in your Bayliwick and you have here this Writ Witnes c. Proclamation sur ' Exigent THe Keepers of the Liberty c. To the Sheriffe of Cornwell Greeting Whereas by our Writ we have lately commanded the Sheriffe of London that he should cause A.B. of C. in your County Gent. to be required from husting to husting untill he be out-lawed according to the Law and custome of England if he should not appear and if he should appear then they should cause him safely to be kept so that they should have his body before us in the fifth week after Easter wheresoever we should then be in England to answer C. D. in a Plea that whereas the said C. D. c. And so recite as is in the exegent till you are past these words as he saith then write on we command you according to the statute made provided in the one and thirtieth year of the Lady Eâ—izabeth lately Queen you cause to be proclaimed the said A. B. at three several dayes according to the form of that statute whereof one Proclamation thereof shall be made at or neer the most usuall door of the Church of C. in your County so that he may render himself to the Sheriffes of London to answer the said C. D. of the said Plea And you have here this Writ Witnes c. Câ—â—ias utlegat ' THe Keeper c. To the Sheriffes of C. Greeting We command you that you do not omit from any liberty within your County but take A. B. of c. And him safely keep so that you have his body before uâ— in the Upper Bench in c. Reciting the return wheresoever we shall then be in England to stand right in Court before us in the Upper Bench upon a certain Outlawry against him the said A. B. at the suit of C. D. in a Plea of debt at the hustings of the Common Pleas holden in London on Munday c. In the year of our Lord one thousand six hundred and fifty in the Court of London pronounced And you have there this Writ Witnes c. Capias ad satisfaciendum in a Plea of Debt THe Keepers of the Liberty c. Greeting We command you that you take A. B. if he 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 next after the five weeks of Easter to satisfie C. D. of 100 li. of Debt and also 21 s. for his dammages 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 whereof he is convicted as it doth appear to Us upon Record And then you have here this Writ Witnes H. Roll at Westm the 17th day of April in the yeer of our Lord 1651. Wightwicke Testat Inde THe Keepers of the Liberty c. to the Sheriffe of H. Greeting Whereas we have lately commanded the Sheriffs of London that they should take A. B. if he might be found in their Bayliwick And him safely keep so that they should have his body before Us in the Upper Bench at Westminster at a certain day now past to satisfie C. D. of a hundred pounds of Debt and also one twenty shillings 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 whereof he is convicted as it doth appear to us upon Record And the said Sheriffs of London at that day returned to Us that the said A B. is not found in their Bayliwick Wherupon on the behalf of the said C. D. in the Court before Us is sufficiently testified that the said A. B. doth lurk and sculk in your County therefore we command you that you take him if he be found in your Bayliwick and him safely keep so that you may have his body before Us in the Upper Bench at Westminster on Wednesday next after the three weeks of Easter to satisfie the said C. D. of the Debt and damages aforesaid And then you have here this Writ Witnes c. Capias ad satisfaciendum after judgement affirmed in a Writ of Error and for damages for the Plaintiffe being the Defendant did thereby delay Execution THe Keeper c. as above in the Capias ad satisfaciend till these words to satisfie C. D. of a hundred pounds of Debt also 40 s. which were adjudged to the said C.D. in the Court of the Common Pleas at Westminster before Oliver St. John and the other Justices his Associates for his damages which he had by reason of detaining of that Debt whereof he is convicted as by the inspection of the Record and Processe thereupon which we lately for certain causes have caused to come in the Court before Us in the Upper Bench at Westminster And which in the same Court now remaining doth appear to us upon Record And also five pounds which in the same Court before us in the Upper Bench at Westminster according to the form of the Statute in such case thereupon lately made and provided were adjudged to the said C. D for his damages costs and expences which he had by reason of the delay of execution of the Judgment aforesaid by reason of prosecutâ—â—â— of a certain Writ of Error by him the said A. B. in the same Court before us in the Upper Bench at Westminster prosecuted in and upon the Premises as it doth also appear to us upon Record And you have there this Writ Witnes c. Capias ad satisfaciendum
against Manucaptors in a Plea of Debt THe Keeper c. Greeting We command you that you take A. B. and C. D. writing the addition as it is in the Bail peice Manucaptors of E F of c. as above in the first Capias ad satisfaciendum untill these words to satisfie G H of 30 li. of Debt and 20 s. for his damages c. as above in the first Capias c. untill these words disbursed whereof the said G H is convicted as it doth appear to us upon Record And whereof in the same Court before Us in the Upper Bench at Westm it is considered that the said G H shall have his Execution against the said A B and C D of the Debt and damages aforesaid according to the force form and effect of the Recognisance by them the said A B and C D to the said G H for the said E F in the Court before Us in the Upper Bench at Westm acknowledged And then you have here this Writ Witnes c. The same against the Plaintiffe for not prosecuting his Action THe Keeper c. as above in the first Capias ad satisfaciendum untill these words to satisfie C D of six pounds which in the Court before Us in the Upper Bench at Westm were adjudged to the said C D according to the form of a Statute in such case lately made and provided for his costs and charges by him about his defence in a certain Action of Trespas at the Suit of the said A B in the same Court before Us in the Upper Bench at Westm sustained whereof the said A B is convicted as it doth appear to us upon Record And then you have here this Writ Witnes c. The same for damages in breaking Covenant THe Keeper c. Greeting c. as above in the former directions to satisfie C D of 7 li. for his damages which he sustained by reason of certain Covenants made to the said C D by the said A B lately broken as also for his Costs and charges c. as the first Capias ad satisfac ' to the end If for trespasse thus THe Keeper c. as before untill these words to satisfie C D 7 li. for his damages which he sustained as well by reason of a certain Trespas done to the said C. D by the said A B as for his Costs c. according to the directions in the former If for trespas upon the Case thus THe Keeper c. as above untill these words to satisfie C D of 10 li. for his damages which he sustained as well by reason of a certain Trespas upon the Case lately done to the said C D by the said A B as for his Costs c. as in the former directions next before If for performance oâ— promise thus THe Keeper c. to satisfie C D of 10 li. for his damages which he sustained as well by reason of not performing of certain promises and assumptions lately made to the said C D by the said A B. as for his costs c. as above The same for costs for the Defendant upon a Verdict at the Assizes against the Plaintiffe THe Keeper c. as above untill these words to satisfie C D of 40 s. for his costs and charges by him disbursed about his defence in a certain Plea of Trespas upon the Case at the Suit of the said A B prosecuted in the Court before us in the Upper Bench at Westm And then you have here this Writ Witnes c. Fieri facias in a Plea of Debt THe Keepers of the Liberty c. To the Sheriffe of Leicestershire Greeting We command you that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick as well a certain debt of fourty pounds which C. D. lately in the Court before us at the Upper Bench at Westminster recovered against the said A. B. as also one and twenty Shillings which to the said C D. in the same Court were adjudged for his damages which he sustained aswell by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof the said A. B. is convicted as it doth appear to us upon Record when the Judgment is renued by a Scir ' fac ' then this sentence is to be in the execution wherof in the same Court before us in the Upper Bench at Westminster it is considered that the said C. D. may have his execution against the said A B according to the force form and effect of the recovery aforesaid And you have that monies before us in the Upper Bench at Westminster on Friday next after the morrow of the holy Trinity to restore to the said C. D. for his debt and damages aforesaid and then you have here this Writ Witnes c. A Testatum thereupon THe Keeper c. To the Sheriffe of Middl Greeting Whereas we have lately commanded the Sheriffe of London that they should cause to be made of the goods and Chattels of A. B. in their Bayliwick aswell a certain debt of one hundred pounds which C. D. in the Court before us in the Upper Bench at Westminster lately recovered against the said A. B. as also one and twenty shillings which to the said C. D. in the same Court were adjudged for his damages which he sustained aswell by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof the said A. B. is convicted as it doth appear to us of Record And that they should have those monies before us in the Upper Bench at Westminster at a certain day now past to restore to the said C. D. for the debt and damages aforesaid And the said Sheriffes of London at the day have returned to us that the said A B. hath nothing in their Bayliwick whereby they might cause to be made the debt and damages or any parcell thereof whereupon on the behalf of the said C. D. in the Court before us it is sufficiently testified that the said A B. hath goods and Chattels sufficient in your Bayliwick whereof you may make or cause to be made the debt and damages aforesaid Therefore we command you that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick the said hundred pounds of debt the said one and 20 s. for damages aforesaid And you have there those monies before us in the Upper Bench at Westminster on Thursday next after the eight dayes of the holy Trinity to render to the said C. D. for the debt and damages aforesaid and you have here this Writ Witnes c. A Devastavit returned and thereupon a Fier ' Fac ' of the proper goods of the Executor THe Keeper c. Greeting Whereas by our Writ we have lately commanded you that you cause to be leavied of the goods and Chattels
and effect of the recovery aforesaid if he think expedient And further to do and receive that which the Court before us in the Vpper Bench at Westminster shall consider of in that behalf And then you have here this Writ Witnes c. The same against Manucaptors THe Keeper c. To the Sheriffe of Middlesex Greeting Whereas A B lately in the Court before us in the Vpper Bench at Westminster recovered against C H one hundred pound of debt c. as above untill these words doth yet remain to be made of the goods Chattels aforesaid And whereas E. F lately of c. And G. G. naming the addition formerly that is to say in Michalmas Tearm last past in the same Court before us in the Vpper Bench at Westminster personally came and did become Pledges and Manucaptors and both of them by themselves became Plegde and Manucaptor for the said C D that if it should happen the said C.D. to be convinced in the Plea aforesaid that then the said E F and G H granted and either of them for himself did grant the debt aforesaid and also all such damage cost and charges which should be adjudged to the said A. B. in that behalf of their and either of their Lands Chattels to be made and to the use of the said A. B. to be leavied if it should happen the said C D. not to pay the said debt damages costs and charges to the said A. B. or not to render himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench at Westminster upon that occasion yet the said C. D. hath not hitherto paid the said debt and damages to the said A. B. neither hath upon that occasion rendered himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench before that time as by the insinuation of the said A. B. in the Court before us in the Vpper Bench at Westminster we have accepted whereupon the said A. B. hath supplicated us accordingly to provide remedy for him in that behalf as above till after the return of the former Writ to these words to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his execution against him of the debt and damages aforesaid according to the force form and effect of the recognizance aforesaid if he think good so to do c. as above untill the end A Scire Facias against an Executor in Debt THE Keepers c. as above in the first Scire facias untill these words doth yet remain to be made of the Goods and Chattels aforesaid and that the said C.D. after Judgement aforesaid in form aforesaid rendred is dead and that one E.F. is Executor of the last Will and Testament of the said C.D. whereupon the said A.B. hath supplicated us accordingly to provide remedy in that behalf as above till after the Return of the first Writ to shew if he hath or knoweth any thing to say for himself wherefore the Debt and dammages aforesaid of the Goods and Chattels which were of the said C. D. at the time of his death being in the hands and custody of the said E.F. to be administred ought not to be made and to the use of the said A.B. levied according to the force form and effect as above in the first c. The same for an Administratrix in Debt THe Keeper c. as in the first Scire facias untill these words as it doth appear to us upon Record and now in the Court before us in the upper Bench at Westminster comes E.F. VViddow the relict of the said A. B. and saith that after Judgement aforesaid in form aforesaid rendered that is to say on c. in the year c. naming the time the said A. B. at A. in your County died intestate after whose death that is to say on c. in the year c. naming the time at A. aforesaid the. Administration of all the Goods and Chattells Rights and Credits which were of the said A.B. at the time of his death by c. to whom the Commission of the Administration of Right did pertain was committed to the said E.F. and now on the behalf of the said E. F. in the same Court before us in the upper Bench at Westminster we have accepted that although c. as above in the first VVrit of this sort Rotam habend THe Keeper c. to the Sheriffe of Middlesex greeting whereas A.B. was lately summoned to be before us in the upper Bench at Westminster to answer C.D. in a Plea of taking and uniustly detaining of the Goods and Chattells of the said C.D. and the said A.B. appearing in the Court before us in the upper Bench at Westminster the said C. D. made default for which it was considered of in the said Court that the said A. B. should have Return of his goods and chattells aforesaid therefore we command you that without delay you cause to be returned to the said A. B. the goods and chattells aforesaid and not deliver them at the complaint of the said C.D. without our Writ aforesaid making expresse mention of the said Judgement and as this Precept shall be executed you certifie to us in the upper Bench in eight dayes of the Purification of the blessed Virgin Mary wheresoever we shall then be in England together with this VVrit witnes c. Capias in Withernam THe Keepers c. to the Sherif of M. greeting whereas A.B. in the Court before us in the upper Bench at Westminster was summoned to be before us in the uper Bench at Westminster to answer C. D. in a Plea wherefore he took the goods and chattells of him the said C.D. and detained them uniustly against Sureties and Pledges as it is said and the said A. B. appearing in the same Court before us in the upper Bench at Westminster the said C. D. there made default for which in the same Court it was considered by the same Court that the said A.B. should have return of the goods and chattels aforesaid whereupon we commanded you by our VVrit that without delay you cause to be returned the goods and chattells aforesaid to the said A.B. and not deliver them at the complaint of the said C.D. without our Writ that shall make express mention of the said Judgement and in such manner as that Precept should be executed you should certifie to us in the upper Bench at Westminster in the eight dayes of the Purification of the blessed Virgin Mary last past and you at that day did return to us that before the coming to you of that Writ the goods and chattels aforesaid were convayed away to places to you altogether unknown so that you would not cause those goods and chattels to be returned to the said A. B. therefore we command you that you take of the goods and chattells of the said C.D. to the value of the
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
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