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
he ought to shew what day which may appear 18 Ed. 4. f. 13. B. Escheat it is good without counting what day he committed the Felony for the day is not material if it be one day or other 40 Ed. 3. f. 45. Debt and counts that the eldest Son married K. and if he died before carnal knowledge that the youngest should marry her if the Ecclesiastical Law would permit and counts that the eldest married her and died before carnal knowledge and that he purchased a Dispensation and required the youngest to marry her and he refused and though he do not shew what day it is good 12 H. 8. f. 6. Assise brought the same Day that the Disseisin was made it shall be intended that the Disseisin was first and that the Writ was brought after the same day 4 H. 6. f. 7. Rescous and counts that he distrained for Rent and doth not shew the dayes of Payment and for that not good 8 H. 4. f. 1. Obligation of two hundred Markes and the Condition is to pay one hundred Markes at a day certain and in Debt the Defendant pleads that he hath paid the hundred Markes and for that that there is but a day which may be according to the Condition it is not good 47 Ed. 3. fol. 13. Where a day is issuable it shall be pleaded certain as one pleads a Lease made to him for years he ought to shew when it was made Plowd Com. f. 24. Debt upon an Obligation which is endorsed with a Condition that if the Defendant renounce all the Administration c. and no day is in the Condition when it shall be and the Defendant pleads that he hath renounced the Administration and for that that he doth not shew what day it is not good for it may be after the Writ purchased and then it is not good 15 Ed. 4. fol. 29. Trespasse of Swannes taken the Defendant saith that long time before the Trespasse supposed the property was to J. S. which gave them to him the Plaintiff saith that long time before J. S. had property the property was in him and for that that he doth not shew what day it is not good 31 H. 6. f. 12. Entry by the Lord Cromwell of the Mannour of Amphill the Defendant pleads a Lease for years and a Release and it is not good without shewing when the Lease was made notwithstanding that it be shewed when that began for that that he ought to shew that the Lease was made such a day and the Release after 32 H. 6. f. 8. Debt upon an Obligation the Defendant saith it is endorsed upon Condition that if he infeoff him and he then pay to him twenty pounds that the Obligation shall be vold and it is not expressed what day the Payment ought to be made and yet he ought to shew what day for that is said to be forthwith after the Feoffment for the words are that then he shall pay 33 H. 6. f. 48. B. Matter uncertain See where it is uncertain in Matter and where not TRespasse the Defendant pleads that the Plaintiff was indebted to him in a hundred Markes and that he pawned the Goods till he were paid and for that he doth not shew for what the Debt was due nor whether he paid it or no it is uncertain and is not good 5 H. 7. f. 1. Trespasse if the Defendant saith that A. was seised of the Mannour of D. whereof the place is parcell he shall say at what time the Trespasse is parcell otherwise it is not good 32 H. 6. f. 24. 10 H. 7. f. 28. the same One pleads a Fine levied to B. of the Mannour of D. and that the Tenant attorned to B. and for that he doth not say that the Conisee was seised of the Mannour at the time of the Attornement and also for that that he doth not shew what Terme the Fine was levied it is not good 10 H. 7. f. 28. Found by Office that the Lord Greystock Tenant of the King died seised and one came to traverse that and said that the Dean of York recovered in a Writ of Right against the Lord Greystock and entered long before the Inquisition c. and gave to him in Tail and it is not good 3 H. 7. f. 2. for that it is not shewed if the Entry was in the life of the Lord or after his death Forcible Entry where the Defendant saith that J. H. and H. Wood infeoffed Fines and Sackvile and iustiffies as Servant to them the Plaintiff saith one J. S. J. Hook and H Wood infeoffed him and for that he doth not say the aforesaid J. Hook and H. Wood it is not good 1 H. 7. fol. 19. Where one pleads Barr which comprehends but one matter this shall be certain as Arbitrement he ought to shew where the Submission was made and if that comprehend two matters he need not to shew both so certain as it is said Free-hold of a stranger and he as Servant and by his command entered it is good without shewing where the commandement was 3 H. 7. fol. 11. B. Quare impedit The Defendant saith that J.S. granted the next avoidance to A. which presented and the Church is void and the next avoidance was granted to B. which died intestate and the Ordinary sequestred and for that that he doth not shew the name of the Ordinary it is not good 9 H. 7. fol. 23. Trespasse the Defendant pleads that it is the Freehold of John Sherewood and that he by his commandement entered and for that that he doth not shew where the command was it is not good otherwise it is if he had justified as Servant and by his commandement 12 Ed. 4. fol. 10. Trespasse upon the Statute of Rich. the Defendant saith that his Predecessour Master of the Hospitall of Saint Johns of Jerusalem was seised and died and that he was Master and entered after his death and might be Master by Election Collation or Presentment and for that it is not good 34 H. 6. fol. 27. Debt upon Obligation the Defendant saith that it is indorsed upon condition to be at the award of J.S. who awarded that he should discontinue his Action which he had made which he hath done and for that it is not shewed what Action nor â—ow it is hanging it is not good 36 H. 6. fol. 9. Maintenance The Defendant iustifies for that that he was his Servant and the Plaintiffe saith that he gave four Marks to maintain and for that that he doth not say hanging the Plea it is not good for it may be before and then it is no Maintenance 3 H. 6. fol 54. Trespasse The Defendant pleads that J.S. enfeoffed the Plaintiffe to the use of Alice by force whereof the said Alice gave to him the Trees and it is no Plea for he doth not shew if the Plaintiffe were seised at the time of the gift to the use of Alice 7 H. 7 f. 3. Trespasse if the Defendant
but he ought to shew certainly who was of his Councell and say certainly what advise was given 6 H. 7.3 11 H. 7.23 accordingly Condition to pay all the arâ—erages of all the Lands which he holds of the Plaintiff in D. it is no Plea that he hath payd all generally but he ought to shew specially to what sum for that that it is in the affirmative 20 H. 6. fol. 33. Condition to pay a Lesser sum at the Feast of P. If the Defendant plead that he hath paid it he ought to plead what day he paid it 46 Ed. 3.29 47 Ed. f. 13. Condition that if the Defendant carry all the Thorns out of the Land let to him by the Plaintif the Defendant may plead generally that he hath carryed all for that that it lies in notice of the Plaintif and the Plaintif saith that so many were which were not carried But if the condition were to infeoff the Plaintif of all the Land of which the Father of the Defendant died seised or to give to him all the Money in his purse there he ought to plead how much that was for that that it is in the affirmative and it lieth more in the knowledge of the Defendant then in the Plaintif 12 H. 8. fol. 7. Debt by the Sherif upon an obligation the Defendant saith it was indorced upon condition and saith he hath performed all the condition and it is a good Plea And the Plaintiff that he hath not accounted and that is no Plea but that such a thing came to his hands for which he hath not accounted that the Issue may be upon certainty 2 R. 3. f. 17. If the condition be to perform all the Covenants in an Indenture the Defendant cannot plead that he hath performed all generally but he ought to plead how specially he hath performed every Covenant 26 H. 8.6.11 Ed. 4.12 13. H. 7.18 and 6 Ed. 4. fol. 1. But at this day it is used in the same case in debt upon an Obligation endorced to perform the Covenants in Indentures that the Defendant recits the Indenture and in the end he pleads that he hath generally performed all the Covenants And then the Plaintiff ought to shew breach in one and upon that Issue is taken If condition be to stand to the award and abitrement of certain Persons it is no Plea for the Defendant to say that he had no notice of any Award but if it were so that it be delivered to the parties in writing the Defendant may plead that no Award was delivered to him in writing 1. H. 7. f. 5. If condition be that if the Defendant shall stand to the Arbitrement of J.S. the Defendant may plead that he hath not made any Award and the Plaintiff shall say that he hath made one and shew what it is 2 R. 3. f. 13. Pleading by Name REversion is devised by the name of all Lands and Tenements in D. and good 34 H. 6. f. 6. Lease is made of his Lands in Bodehill and by ancient evidences parcel of that is in D. he may plead his lease and give in evidence that all was let by the name of Bodehill 20 Ed. 4. f. 9. Where Margery and her Husband levied a Fine by the name of Margaret and the Tenant may plead that Margaret by the name of Margery acknowledged the Land by Fine And also it is that Agnes by the name of Ann levied a fine Fitzh f. 97. A One cannot give Land by the name of the Oshee of the Forrest 10 H. 7. f. 17. That J.S. by the name of J.D. in grant is good and by the name Hastings Hasting 9 Ed. 4. fol. 43. Obligation was J. Boson and an Acquirtance J. of Bozon with a z and this was pleaded to be made by name 14 H. 4. fol. 30. Presidents For that that Presidents are to be followed something shall be said touching them SAunders cheife Baron saith the best Interpreter of the Law is Custome and for that that the Presidents and the Accounts of the Exchequer prove that from time to time custome and usage hath been that the Kings of this Realme have had the profits of such Mines of base mettal containing Gold and Silver without disjunction that the value of the Gold and Silver shall be greater or less and upon the Presidents it was adjudged for the King against the Earle of Northumberland in the information of Mines of Copper mixt with Gold or Silver Plowden fol. 336. It is said in Assise for that that it is hath shewed to us where it should be hath complained to us because of the forme and president it shall abate and so it is where it is he hath disseised him of foure Acres where it should be by the Presidents of his Free-hold it shall abate 11 H. 6. f. 25. Venire sacias The Sheriff returns that he hath made to come 12. and yet to return 12. is not good for the Presidents are twenty foure and so ought he to return twenty foure 2 H. 7. f. 8. 27 H. 8. fol. 16. One challenged the Array and doth not verefie his challenge and he need not for Presidents are so and the Justices would not change the Presidents 7 H. 6. fol. 30. In the Kings Bench you shall not have a Habeas Corpora juratorum but a Venâ—re facis and distringas 39 H. 6. fol. 32. Mâ—sne and counts that he held of the Mesne and that he ought to acquit him and doth not count that the Defendant held over yet for that that there were Presidents of that shewed It was held good 6 H. 7. fol. 15. Assise 1. The Tenant pleaâ—s no wrong by Bailiff and yet continuance was not between Plaintiff and Bailiff but between Plaintif and Tenant and so were presidents and for that said to be good 11 H. 7. f. 11. Where the Tenant pleads by Bailiff in Ass he may after plead in proper person matters in writing or of Certificate for Presidents are so 16 H. 7. f. 8. Cui in vita The VVrit was which he claimes to hold to him and the Heires of his Body without shewing of whose gift And the opinion of the Court that it is good but when the Register was shewed to be contrary the Court changed their opinion 33 H. 6. fol. 22. Precipe at the great Cape returned the Tenant saith that he was not summoned ready by the Country but say that he shall be tried by wager of Law for so are ancient Presidents which shall not be changed without speciall matter as against Maior and Commonalty which cannot wage their Law Forcible Entry of 8 H. 6. and counts of Entry with force and keeping with force where the Statute is in the disjunctive but for that that there are Presidents in this Manner it was allowed 3 Ed. 4. f. 21. Debt against Executor for that that the Writ was Debet detinet where the President is Detinet only it shall abate the same Law where it is Precipe quod
pleads Release Anno 6. without that he was guilty after the Release the Plaintiffe may say it is not his Deed without maintaining the day 10 Ed 4. fol. 2. and 21 Ed 4. fol 79. the same of Release pleaded without that he was guilty afterwards Trespas where one pleads a Release or Arbitrement atano ther day he ought to traverse all the time after the Release or after the Arbitrement for all time before is extinct But if he plead such a day it is Free-hold there he ought to traverse all time before And in Trespas of Corn taken the 6th day of July the Defendant justifies as Parson the 10th of August for that they were severed from the 9th without that that he is guilty at another time but after the Tythes severed and till they were dry and it is good without traversing before and after for it is yeerly and not certain what day of the yeer The same Law where one justifies for Common after corne sowed till cut But otherwise it is for having Common from Lammas till Candlemas there he ought to traverse all the time before Lammas and after Candlemas 12 Ed 4. fol 6. Trespas of a Close broken first day of May Anno 8. the Defendant pleads that the Plaintiffe enfeoffed him the 4th of May the yeer aforesaid without that that he was guilty before the said 4th day And the Plaintiffe saith that he did not enfeoffe him and it is good without maintaining the day which was traversed before 15 Ed 4. f 23. If the Defendant justifie by Licence at another day he ought to say without that that he is guilty before or after 31 E 4. fol 9. Trespas of Batterie the Defendant justifies at another day before yet he ought to traverse without that that he is guilty before or after 30 H 6. fol 4. Trespas of beating 1. day of July the Defendant justifies in defending himself the 2. day of July he ought to say without that that he is guilty before or after 2 R 3. fol 16.34 H 6. fol 14. the same and 19 H 6. fol 47. Where one shall traverse the Town and where the County and where not TRespas why he broke his Close and took his Reeds in B. it is no plea that the place is in D. in the same County and not in B. but he ought to justifie in D. the taking as by prescription for repairing his house or any matter of justification without that that he took in B. 9 H 5. fol 9. and 4 H 7. fol 5 by Hussey Trespas of goods in D. in the County of Middlesex Defendant justifies at S. in the County of D. by commandment of J. S. in whom the property is without that that he is guilty in the County of Middlesex 22 Ed 4.38 Trespas of goods in one County the Defendant may justifie in another and traverse the County 7 H. 6. f 37. Trespas of a Close broken in D. the Defendant justifies for common appendant in S. in the same County he ought to traverse without that that he is guilty in D. 4 H 6. fol 13. Trespas why he broke his Close in D. in the County of Darby the Defendant cannot justifie in S. in the County of N. in manner and form and traverse the County but plead not guilty for upon not guilty the Jury cannot finde him guilty in another Town in another County but in another Town in the same County they may and for that he ought to traverse But in trespas of goods taken or of Battery in D. the Defendant may justifie in S. in the same County without travers 9 H 6. fol 62. Trespas of Fish taken in a Close in little Henberry the Defendant justifies in great Henberry in the same County without that that he was guilty in little Henberry and it is good 19 H 6.8 and 20 H 6.29 Trespas of Assault Batterie and Imprisonment in D. the defendant â—ustifies in S. in the same County for helping a woman which the Plaintiffe would have robb'd at S. and it is good without traverse that is without saying without that that he is guilty in D. for it is a justification in every place of the said County 9 Ed 4 fol 26. Trespas upon the Statute of Rich the fifth yeer for entring in 20. Acres of land in D. the defendant saith that J. S. was seised of 20 Acres in S. in the same County and of them enfeoffed him and justifies without that that he entred into the Lands in D. and it is good If he give colour in S. to have the Town parâ—ell of the Issue for inveigling the Jury 11 Ed 4.9 Trespas in D. of Beasts taken the Defendant justifies in S. in the same County doing dammage without traverse The same Law of Battery Yet see the Book 18 Ed 4.11 Detinue of a delivery to the Defendant in D. in the County of D. to re-deliver to the Plaintiffe the Defendant saith that the same day and yeer at S. in the County of N. the Plaintiffe bought the goods of the Defendant for 10 li. upon condition that if he payed the 10 li. such a day that the Sale should be void and that he did not pay at the day without that that the Plaintiffe delivered them in the County of D. for to re-deliver and admitted a good Plea 8 H. 6. fol 10. Detinue of a delivery in one County where it was delivered in another the Defendant may say that the delivery was in another County without that it was delivered where the Plaintiffe counts otherwise he shall be twice charged 33 H. 6. fol 28. By Nedham in Debt upon a bargain the Defendant saith it was made upon condition at another place in the same County The Plaintiffe may say that it was made simply without any condition ready without traversing of the place for that that it is in the same County But if the Condition were made in another County there he ought to traverse that it was made simply where the Plaintiffe counted 34 H 6. fol 32. And the same Law in detinue of chattels and see a bargain traversable which is in effect the same conveyance where he might have waged his Law 33 H. 6. fol 25. Account of Receit in London by the hands of R. the Defendant saith that he received them by the hands of R. in C. to deliver to the Plaintiffe himself which he hath done without that that he ever received them in London and good 9 Ed 4.48 and 22 H. 6.55 Account of Recest of 10 Marks in London the Defendant saith he received them in Cornwall to deliver them to J.S. which he hath done without that that he was his Receiver in London and it seems a good plea. 9 Ed. 4. f. 48. Trespas in the Parish of W. in D. in the County of E. the Defendant saith that the place is called W. in D. in the County of K. and justifies without that that W. is in the County of E. and not guilty
shall be entred 34 H. 6. fol. 5. Trespas of a bagge with money taken at C. the Defendant saith that the Plaintife delivered that to him at L. and it is not good but that he delivered that to him at L. to deliver to J.S. which he did without that that he is guilty at C is good 34 H. 6.9 and 19 H. 6. fol. 43. Trespas of an Horse taken at D. in the County of M. the Defendant justifies the taking for a Waife at S. in another County without that that he is guilty at D. and it seems nothing shall be entred but not guilty Inquier 19 H. 7.27 and 22 Ed. 4.38 this was entred and not the generall Issue Action upon the Case for that that the Defendant sold Woad to him at J. and there shewed to him a peice which is marchâ—ntable and warranted the rest to be as good as the example where it is defective The Defendant saith that he sold to him Woad at B. and warranted that c. without that that he sold at I. and is good 14 H. 6. fol 24. Action upon the Case upon Assumpsit at London to cure his Horse the Defendant saith at Oxford he assumed to cure c. without that that he assumed at London and it is good 19 H. 6. fol 49. Trespas of beating at D. in the County of D. If the Defendant justifies at S. in the County of N. he ought to traverse the County 9 H. 6.62 and 11 H. 6.20 the same Trespas of goods taken at E. the Defendant pleads that they were delivered to him at S. in the County of M. to deliver to the Plaintiffe which he did without that that he was guilty at E. 19 H. 6.48 In Trespas transitorie where the Defendant justifies in another County he onght to take traverse 29 H. 6.72 and 5 H. 4. fol 3. the same 22 Ed. 4. fol 38.7 H. 6. fol. 37.10 H. 7. fol 27. Yet ready Where he shall say Yet ready and where not DEtinue of a Chest with Writings against Executors it is no plea for them to say that the Writings came to them sealed and that they were readie to deliver them and yet are readie unlesse that they offer them to the Court or to say that the thing is of so great weight that they cannot bring them hither 9 H. 6.65 and 22 Ed. 3. Bâ—ook Alwayes ready 6 Ed. 4. fol. 11. 44 Ed. 3. tit 40. Dower the Tenant saith that he hath been alwayes ready to render Dower and yet is The Demandant avers the contrary upon which the Demandant shall recover her Dower But she shall not have a Writ to inquire of her dammages now for that is the Issue which shall be tryed 14 H. 8. fol 28. Dower if the Tenant come in at the first day and will aver that he was alwayes readie and yet is if the Demandant will not aver the contrary that the Demandant shall not recover dammages 5 Ed. 4. Dower 2. Where the Tenant imparles to another Tearm he shall not say yet readie to render Dower 21 Ed. 3. tit 24. Dower the Tenant alledges that the Demandant deteins a Hamper of Evidences of that Land and it c. the Demandant saith That she is and alwayes hath been readie to deliver the Hamper c. and for that she shall have judgement for thwith 8 H. 6. fol. 15. Trespas the Defendant pleads an Arbitrement which was to pay 10 li. if the day be past he shall say that he hath been alwayes readie and yet is and bring the money into the Court. 22 H. 6. fol 45. Debt upon an Obligation endorsed upon Condition to perform an award to pay 20 s. before Christmas last past if he tendered before the day and the other refused he shall not say yet ready afterwards Injuire Dower where the Tenant casts an Essoyn he is not estopped to say yet readie to render Dower 14 H. 6. 4. See in Debt by Hank 11 H. 4.60 and 7 H. 4. fol 16. Debt where the Defendant comes inupon the distresse he may say yet readie 7 H. 4.11 and 8 Ed. 4. fol 11. the same Debt after Imparlance the Defendant cannot plead yet readie 36 H. 6. 14. Annuitie where the Defendant comes in at the distresse he cannot say yet readie 2 H. 4. fol 4. Debt Processe continued till the distresse return Nihil and proceeds to the Capias pluries and the Defendant cometh in and saith that he was alwayes ready and yet is 11 H. 4. fol 6. Debt upon an Obligation to stand to the award and the award was to pay at such a place the Defendant may say that he was alwayes readie at the place without saying yet readie and without tendring the money in Court 11 H. 6.27 See 22 H. 6. fol 39. the reason in this case Debt upon an Obligation to pay a lesser summe at such a day for the Defendant to say that he was ready at the place and offered and the Plaintiffe refused it is no plea but shall say that he hath been alwayes readie and yet is and tender the money in Court for otherwise the Plaintiffe shall not have remedie 7 Ed 4.3 But see 7 H. 4.19 and 2 Ed 4.3 by Choke Detinue of Deeds against Executors they ought to say that they were readie and yet are for otherwise they shal pay dammages 22 Ed 3. tit 37. Alwayes ready Debt upon an Obligation condition to pay 10 li. such a day and place and the Defendant tenders that at the day and place and the Plaintiffe receives there part and respits the rest untill an agreement be made between them and after the Plaintiffe requires it and the Defendant refuseth to pay it yet he shall not forfeit the penalty for this is saved by the first tender But now by the Court he ought to tender it in Court And where one is bound in 10 l. upon condition to pay five pound at such a day and place and though that he were ready at the day and place and none comes to receive it yet by the Court he shall have the money in Court ready 7 Ed 4. fol 3. See 5. H. 4. Debt upon an obligation the condition to pay so much money as B. shall appoint for the taking of the beasts of the Plaintiffe and the Defendant saith that B. appointed 10 l. which he tendered and the Plaintiffe refused it judgment if action and it is a good plea without saying yet ready for the condition is to do a collatterall act and this 10 l. is collatteral and for that he shal not say yet ready But if one be bound in 20 l. and the condition to pay 10 l. there if he say that he offered the 10 l. at the day and the Plaintiffe refused it yet he shall say yet ready for the 10 l. are parcell of 20 l. and for the 10 l. he cannot have action 19 H. 8. fol 12. and 22 H 6. fol 45. Debt upon an obligation the condition that J. S. should
perform the covenants of an Indenture the Defendant alledges them performed specially and one Covenant was that J S should pay to the Plaintiffe 10 l. and he said that he offered it to him and the Plaintiffe refused by Fitzh and Shelley he need not say yet ready 27 H. 8. fol. 1. Debt upon an obligation The Defendant saith that it is endorced upon condition that if the Prior of W. made an obligation to the Plaintiffe before such a day that then c. And saith that the Prior tendered that to the Plaintiffe and he refused it and shall nor say yet ready for it is a thing out of his power and to be made by a stranger 10 H 6. fol 17. If a man be bound in 20 l. and the condition is to pay 10 l. if the Defendant plead in debt upon the obligation that he tendred the 10 l. at the day and the Plaintiffe refused it yet he shall say yet ready But if the condition were that J. S should pay at the day to the Plaintiffe and the Plaintiffe refuse he shall not say yet ready 14 H. 6. fol 24. Debt upon an obligation of 10 l. the Defendant pleads that after by Indenture of defesance the Plaintiffe granted that if the Defendant paied unto him 20 s. such a day that then the obligation should be void and saith that he tendred to him the 20 s. at the day and he refused it and by Prisot he shall not say yet ready 33 H. 6. fol 2. Debt upon an obligation the condition to pay a lesse sum this lesse sum is parcell of the sum in the obligation and for that the Defendant shall say yet ready but otherwise it is where the condition is to stand to the award or other collatteral matter there the Defendant shall not say yet ready 20 Ed 4. fol 2. The Court Roll. THe Court Baron of W. T. Prebend of Islington Gentleman Farmer of R. F. Clark Prebend of the preben dary aforesaid there to be held the Tuesday that is the 6 day of May the year of the Reign of our Soveraign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the faith the â—oth L. H. by W. I. essoyned of Common Essoyne Homagers Jury J. H J. P T. G R. M R. H R. E T. L R. W R. B W. R T. W. First they say upon their Oath Default of the Freeholders W. A 4d J. H 4d and R. B 4d are Freeholders of this Mannour and owe suit to the Court and at this day have made default Therefore every of them in the mercy as it appears upon their heads Also they say upon this Oath Des Tenants by Copie of the Rolâ— that W. J. 2d and J. R. 2d are Tenants by the Copy of the Rolls of this Court and owe Suit to the Court and at this day made default therefore either of them in the mercy as it appears above upon their heads Also they present that W. J. which held of the Lord freely one house Death and 30 acres of Meddow and Pasture with the appurtenances within this Lordship by fealty suite of Court and by the yearly Rent of 6 d. dyed of such an estate so seized and that R. J. is son and next heir of the aforesaid W. J. and is of the Age of 10 years and came to Court the aforesaid W. J. and payeth to the Lord for releif â—â—d and made his fealty Also they say upon their Oath Alienation that G. B. which of the Lord held freely one Cottage one Orchard and 6 acres of mâ—ddow with the appurtenances by his deed indented bearing date the 6th day of January the year of the reign of the said Queen gave granted bargained and sold all and sing â—lar the premises aforesaid with their appurtenances to R. K. of c. to have and to hold all and singular the premises aforesaid with their appurtenances aforesaid to the said R. K. his heirs and Assignes of the chief Lords of the fee by the Rents Services and customes there first due and of right accustomed and the premises doth hold of the Lord of this Mannor by fealty Suite of Court by the yearly Rent of 12 d. And at this Conrt the said R. K. made to the Lord his fealty Also they say upon their Oath Legacie that W. A. which held of the Lord freely one house or tenement â— and 20 Acres of Land called H. by fealty suite of Court and by the yearly rent of 6 d. dyed thereof seised And by his last Will made in Writing bearing date the 28th of September the year of the Reign of the aforesaid Queen the 19th bequeathed the house or Tenement and the aforesaid 20 Acres of land to certain R. A. and T. A. his sons by the name of all his Lands Tenements and Hereditaments Scituate Lying and being in J. aforesaid to have and to hold the aforesaid messuage or tenement c. And the aforesaid 20 Acres of Land to the said R. A. and T. A. their Heirs and Assignes for ever to the poper use and behoof of R. and T. their Heirs and Assignes for ever Therefore it is commanded to the Bayliffe that he should distrain the aforesaid R. A. and T. A. according to the form of the Statute in that case provided to pay his Releif and likewise let them be distrained to make their fealty Surrender Also they say upon their Oath that R. R. customary tenant of this Mannor out of the Court surrendered into the hands of the Lord by the hands of W. T. and R. M. two customary tenants of this Mannor according to the custome of this Mannor All that messuage and 30 acres of meddow feeding and Pasture with the appurtenances late in the tenure or occupation of R. B. to the use and behoof of R. R. for tearm of his naturall life after the decease of the said R. R. then to the use and behoof of T. B. and the heirs of the body of the said T. lawfully begotten and for defect of such issue of the body of the said T. B. lawfully begotten the remainder thereof to J. J. the son of R. J. of J aforesaid Gentleman his heirs and assignes for ever and they say that the aforesaid R. dyed and now at this Court aforesaid T. B. came and requested to be admitted to all and singular the premises aforesaid and at this Court the Lord by J. K. his steward granted him seisin thereof by the rod to have and to hold to the said T. B. and the heirs of his body lawfully begotten and for defect of such issue the remainder to the use and behoof of the said J. J. and his heirs for ever and the aforesaid T. B. gave to the Lord a fine 4 pound and made to the Lord his fealty and is admitted tenant thereof To this Court it is witnessed by W. T. steward Surrender taken by the
Affraies and blood-shed but not if one hath broken my Close or if one hath beaten me but if any Affray were so that the Kings People were disturbed for that is more then particuler 1 R. 3 fol. 1. If one come to make a Boothe and doth it not and yet one maketh a Fray upon him and upon him draw blood with his Sword or Dagger it is punishable by presentment in Leet 11 H. 6. fol. 29. If one assault to beat you and you fly and he inclose you or if you be at Hedge or Ditch and then you beat him and wound him this is not punishable in a Leet 34 H. 6. fol. 8. and 33. H. 6. fol. 20. If J. S. makes an Assault upon a Stranger and J. D. draws his Sword and beats and wounds J. S. in defence of the Stranger this is punishable by a presentment in a Leet But if a Servant beat and wound one which maketh an assault upon his Master in defence of his Master he is not punishable by presentment in Leet 12 H. 8. fol. 3. and 9 Ed. 4. fol. 51. If one lay his hands unlawfully upon any unlesse that he arrest him or part two that fight he is a trespassor but that is not punishable by presentment in Leet 9 Ed 4. fo 3. If one beat one in defence of his Goods this is not punishable in a presentment in Leet Booke of Entries fol. 553. and 19. H. 6. fol 21. Trespss of Assaults and Fraies TRespass by a Chaplain of Grayes Inne the Defendant pleads of his own Assault and it was held if he upon whom the Assault is made can escape with his life it is not lawfull for him to beate the other which made the Assault but it is held that I ought not to stay till the other hath given me a blow for paradventure he commeth too short 2 H. 4. fol. 9.10 Ed. 4. fol. 7. Trespasse of Grassetrod and threatning of life and member a man cannot justifie the menace of death and for that to that he pleads not guilty 21 H. 6. tit 26. the same 33 H. 6. fol. 20. Trespasse of Threatning by Prisot I cannot threaten one of Life and Member but if he upon whom the Assault is made fly and the other followeth him so neere that he cannot escape or hath him under him upon the Ground or hath chased him to a Wall Hedge Water or Ditch there it is lawfull for him to say if you will not depart that he to save his Life will kill him 3 H. 4. fol. 8 Trespasse of Assault Imprisonment and Battery Defendant plead to the Battery not guilty and to the Assault that the Plantiff came to such a River where the Defendant had a Mill and would have stopt the River and the Defendant took him by the Arme without that that he made other Assault and to the Imprisonment the Defendant pleads that the Plantiff Assaulted him and would have beate him by which he prayed the Constable to arrest him and he came in aid of him judgment if action and good 22 H. 6. fol. 48. Trespasse of a Servant beaten and Entry into his House yeare 7 H. 6. Defendant saith that yeare 8 H. 6. he served a Subpena upon the Plaintiff and that the Plaintiff and the Servant took him and carried him to his House and there deteined him half a day which is the same Trespasse and to any Trespasse before not guilty to the Battety of his Servant which was of his Assault at another day and to any Assault before not guilty Bracton saith he is not worthy of Peace which will not keep it Stamford fol. 30 a. 40 Ed. 3. fol. 40. Trespasse of Assault and Battery and found the Assault only and Plaintiff recover but shall not have action of Assault only 42 Ed 3 fol 7 the same and see 22 Assise 60. 9 Ed 4 fol 30 Trespasse of Battery it was held that if a man will take my goods I may lay my hands upon him and rather beate him then suffer him to carry them away 19 H. 6. fol. 33 the same that he may beat one in defence of his Goods 19 Ed 4 fol 189 Trespasse of Battery a man may Justifie the beating of another in his defence but by Catesby a man cannot beat another in defence of his Son but a Servant may beat one in defence of his Master or Mistris 21 H 7 fol 39. the same Mortmaine Mortmaine is inquirable in a Leet for that it is for the benefit of the King and in the Kings Court What is Mortmaine within the Statute and what not WHere one Abbot aliens to another Abbor or Bishop to another Bishop and his Successor it is Mortmaine Fitzh fol 222 D. 16 Assise 1. VVhere Land is divised to one to pay twelve pound to finde two Chaplaines for ever to sing in the Church of Saint Albanes in Wood street for ever if it be behinde that the Chaplaine may distraine that is Mortmaine see 32 Ed 3 10 and 40. Assise 29. J. S. deviseth certaine Land to his Executors that they should provide a fit Chaplaine in the Church of D. to celebrate for ever which Chaplaine shall receive yearly out of the aforesaid Lands six markes that is no Mortmaine for nothing is divised to the Chaplaine 4 Assise 27.43 Assise 27. Foure Acres were devised to one in Fee so that he and his Heires should pay yearly six pound for the maintaining of one Chaplaine to celebrate yearly for ever in the Church of Saint Leonards in Estcheape and that the Rector for the time may levie it for ever that is Mortmaine 43 Assise 33. J. S. deviseth Land and two shillings Rent for the maintaining of a Chaplaine in the Church of D. yearly to celebrate and I will that my Executors should ordaine the aforesaid Chaplaine and the Executors do nothing therefore no Mortmaine 43 Assise 34. If a Villain of a Bishop purchase Lands in Fee and the Bishop enter without license it is Mortmaine 41 of Assises 4 Fitzh 224 B. 41 Ed. 3. fol 16. If a Feoffment be made to the use of a Bishop and his Successors it is within the Statute De religiosis and so it is where he takes profits 8 Ed 4. fol. 18. A Bishop cannot appropriate an Advowson of which he is seised in Fee without the Kings license and if he doth it is Mortmaine Fitzh 223 H. see 21 Ed. 3. fol 5. seemeth contrary If one let to a religious man for a hundred yeares and so from a hundred to a hundred during eight hundred yeares this is Mortmaine but it seemeth that a lease to a Religious man for eighty years or for a hundred yeares is no Mortmaine but in the first case it is by colour of a Tearme and Mortmaine 29 H 8 Mortmaine 39. Lease for eighty years to an Abbot by Martin is Mortmain Quere 4 H. 6. fol. 9. The Tenant lets for life to J. S. the Remainder to a Religious and his Successors the Lord need
against the Sherif for that that one was outlawed at his Suit and that the Defendant then Sheriff would not return the VVrit to the losse c. 30 Book of Ass 5. VVhere the Bailiff of a Franchise returnes a Pannell to the Sheriff and returnes another Pannell of himself this shall not be outed at the request of the Bailif but they shall have their action of the case against the Sherif 11 H. 6. f. 18. If a Lawyer be retained to looke over evidence and after he discovers that to another person by which c. Action upon the case lies against him contrary if he shew him his evidence and do not retaine him 15 H. 7. f. 14. By Fro VVhere an Attorney appeares for a man without authority and Imparles where he might have pleaded misnaming and by this hath lost the advantage of this Plea Action upon the Case lyes against him for that that he appears without authority 9 Ed. 4. tit 118. B. Where a Guardian pleads falsly for an Infant or vouches one which is not sufficient to render in value to the Infant the Infant shall have aâ— Action of Deceit Action upon the Case against Executors ACtion upon the Case was brought against the Executors of J. D. and Count that J. S. bought things of the Plaintif and J. D. undertook if he payd not at the day he would and counts that he had Assets sufficient to pay all his Debts and Legacies and sufficient to content him and it lyes Note J. D. did not make the bargaine and contract but undertook for J. S. and upon Assumpsit he could not wage his Law 12 H. 8. fol. 12. 27 H. 8. f. 29. Where Tatam was in execution the Defendant saith if he would discharge him out of execution that such a Day he would pay him if Tatam could not the same Law if he saith to a Baker Deliver Tatam so much Bread and if he do not pay you such a Day I will pay you Debt doth not lie against me upon this Promise but an Action upon the Case 27 H. 8. f. 27. It seems if a man be indebted upon a simple Contract leaves Assets and dies the Action upon the Case doth not lie against the Executors for the Testator might have waged his Law but he shall have a Quo minus in the Exchequer 15 Ed. 4. f. 15. Where the Testator may wage his Law as in Debt of Contract made by him and borrowed Debt doth not lie against his Executor Plowd Com. f. 181. Action upon the Case was brought by Richard Norwood against the Executor of Tho Gray and counts that the Testator in consideration of forty shillings to him paid undertook to deliver to the Plaintiff certain Corn at a Certain Day and did not and counts that the Goods and Chattels of the said Tho Gray the Testator at the time of his Death were sufficient to satisfie as well all the Debts which the said Tho Gray did owe to any person or to any persons at the time of his Death as to satisfie the Plaintiff for the said forty shillings and adjudge that this Action lies against the Executors And if an Action upon the Case be brought against Executors upon a simple Contract if the have no Assets but to pay Specialties they may plead that and shall not be charged 4 Ed. 3. chap. 7. is That an Executor shall have Trespasse of Goods carryed away in the life of the Testator or before an Action personal dies with the person 7 H. 4. fol. 8. Executors shall have Eiectione firme by the equity of the Statute 23 H. 8. Tit. 138. Waste if a Termor make waste and makes Executors and dies the Action of waste is gone for it doth not lie against Executors but for waste made by them Action upon the Case for not performing his Promise and Assumpsit and the place and how where it shall be traversed WHere a man makes a promise or an Assumption to doe a thing and doth it not and there is no specialty of that promise he shall have an Action upon the Case and not a Covenant for that it was not by specialty as for a hundred pound paid the Defendant bargained and sold his Land to the Plaintiff and promised to infeoff him and infeoffs another person he shall have Deceit or Action upon the Case 20 H. 6. f. 36. 3 H. 7. f. 14. Action upon the Case and counts that the Defendant for 10. l. took upon him to labor for the Plaintiff to J.S. that J. S. should let the Mannor of D. to him and counts that the Defendant hath taken that to himself the Action lies so if he undertake for 10. l. paid to infeoff him and infeoffs another for this mis-doing an Action of the case lieth 2 H. 7. f. 12. the same 48 Ed. 3. f. 6. Action of the Case lies against him which took upon him to cure the Plaintiff of a Wound and did not and by his negligence the Plaintiff was worse 3 H. 6. f. 37. Action upon the Case and counts that the Defendant took upon him to make a Mill before such a Day and did not but held that he ought to have counted what he should have for it shall be Quid pro quo and otherwise the Action doth not lie 2 H. 4. f. 4. Action upon the Case and counts that the Defendant took upon him to make him a House and it seems it doth not lie I conceive that was for that he doth not count what he should have for doing it 11 H. 4. fol. 31. 14 H. 6. fol. 19. Action upon the Case where one had bargained to him certain Land for a certain summ and undertook that a stranger released unto him Where a Carpenter covenants to make to me a House or a Chyrurgeon takes upon him to cure me of my Hurts and they do not for this not doing it seems an Action upon the Case lies 21 H. 6. f. 63. If one for ten Markes bargaine with the Plaintif for two Pipes of Wine and undertake to deliver them at D. and did not an Action upon the case lies though that sounds in Covenant for that there is no specialty and the same Law is of all other bargaines and by Paston bargained sold or bought It is no diversity to one or the other 19 H. 6. f. 49. Action upon the case that the Defendant assumed upon him to cure his Horse of a certain Disease and that be negligently and carelesly applied Medicines that the Horse dyed and it lies 26 H. 8. Tit. 133. Action upon the Case that the Plaintiff delivered Goods to the Defendant and the Defendant for ten shillings undertook to keep them safe and did not to the losse c. The Defendant saith that he had them not by the Delivery of the Plaintiff good by Fitzh and Shelley 34 H. 8. Tit. 107. Action upon the Case in London and counts that he was Possessor of Wine and Stuff and showed that certain in
first Day in Bench. 21 Ed. 4. f. 19. Debt Issue was upon the custome of London and upon VVrit to certifie that Defendant essoyned and lieth after Issue by the common Law for after every mean Appearance it lies by the common Law though the Statute be after Inquest which is not here and for that the Essoyn is allowed 21 Ed. 4. f. 19. Debt Issue was upon the custome of London and upon a VVrit to certifie that Defendant is essoyned and it lieth after Issue by the common Law for after every mean Appearance it lies by the common Law and though the Statute be after Inquest this is not here 34 H. 6. f. 18. Precipe the Tenant prayes aid of him in Reversion and had it and at the Summons to aid him returned the Prayee was essoyned and had a Day of that Essoyn and at the Day of that Essoyn the Tenant was essoyned and had it 22 Ed. 3. fol. 4. Quare impedit the Plaintiff was essoyned at the Distringas Juratores and the Inquest came and adjourned but it seems that the Defendant shall not be essoyned at this Day 25 Ed. 3. f 38. Scire facias the Tenant pleads to the Issue and at the next Day would have been essoyned and could not for it is delay which shall not be in a Scire facias by the Statute of Westm 2. chap. 45.2 H. 7. fol. 10.39 H. 6. f. 53. 1 H. 7. fol. 8. There was an Essoyn cast upon an alias venire facias where the first was not served 1 Ed. 3. f. 38. VVaste Venire facias was abated first and at the second Venire facias Defendant was essoyned and that allowed for the first was as nothing 9 H. 5. fol. 12. Dum non fuit composâ—mentis Venire facias awarded and not returned and Sicut alias returned the Tenant was essoyned and it doth not lie for it is not the first Day after the Issue 3 H. 6. fol. 57. Debt the parties were at Issue and a Distringas Juratores returned at which Day the Defendant cast an Essoyn of the Kings Service and that Essoyn was not allowed 14 H. 6. f. 20. The Plaintiff cast an Essoyn at the Habeas corpora Juratorum and this turned upon him in Default for the Essoyn doth not lie at the second Day neither for the Plaintiff nor for the Defendant but is outed by the Statute Westm 2. chap. 27. which is Postquam aliquis c. And this Statute is intended as well for the Plaintiff as the Defendant 12 H. 4. fol. 24. VVhere an Essoyn de malo veniendi was before the Statute of Marlebridge chap. 19. The Essoyner swears that he was sick 2 Ed. 4. f. 16. VVhere Essoyn of Service of the King is cast in it seems that the Essoyner shall be sworn for that 19 H. 6. f. 51. the same 20 H. 6. f. 22. VVhere one is essoyned of the Kings Service the Essoyner shall be examined and sworn upon a Book if he be in the Kings Service or not and not as he is informed otherwise the Essoyn shall not be allowed 27 H. 6. fol. 2. Debt the Defendant offers to wage his Law and had Day c. and at the Day the Plaintiff was essoyned and after at that Day the Defendant was essoyned and after at that Day the Plaintiff cast in another Essoyn and it lieth well by the Court for so long as the Plaintiff and Defendant agree they may fourch by Essoyn 9 H. 6. fol. 21. Quem redditum reddit against two held that they cannot fourch by Distresse or Essoyn Note that by 33. H. 6. f. 6. Essoyn doth not lie in this Action for that that this is Judicial 2 Ed. 4. fol. 20. Dower against A.B.C. and at the Day A. makes Default and B. was essoyned and C. appears and the same Day given to C. and at the Day A. made another Default and B. appeared and C. cast the Essoyn VVell for every one shall have an Essoyn notwithstanding the Statute of Marlebridge chap. 19. but after they shall not have more Essoynes 48 Ed. 3. fol. 20. Precipe against the Husband and his VVife before Appearance each one may be essoyned after other but not after again 4 H. 6. f. 6.9 H. 6. f. 44. 3. H. 7. f. 13. Precipe the Tenant was essoyned and after vouched and the Vouchee was essoyned at the Day the Tenant was essoyned and it doth not lie 22 Ed. 4. f. 14. 22 Ed. 3. fol. 5. Precipe against three at the Summons one was essoyned and others have the same Dayes at which Day another was essoyned and the same Day c. and the Essoyn adjourned but after they have all appeared they cannot fourch or avoid 29 Ed. 3. fol. 25. Formed on against a Husband and his VVife and at the first Day the Husband appeared and the VVife was essoyned and at the second Day the VVife appeared and the Husband is essoyned and allowed but after that they have appeared they cannot fourch by Essoyn for the Statute is that Coparceners and Joint-tenants cannot at any time fourch or avoid and so of the Husband and the VVife 30 Ed. 3. f. 25. See 38 Ed. 3. f. 1. for fourching by Distresse 4 H. 6. f. 6. 3 H. 6. fol. 36. Debt against a Parson of the Arrerages of an Annuity the Defendant prayed aid of the Patron and Ordinary and there were four Patrons and at the Summons to aid one was essoyned and the three have the same Day and at the Day he essoyned appeared and another essoyned c. and now after every other was essoyned one after another the first cast the Essoyn and could not fourch 33 H. 6. f. 28. Over the Sea and the Kings Service FOrtescue saith where the party hath an Attorney in Court he shall not be essoyned of being beyond Sea therefore not of the Kings Service 19 H. 6. f. 57. 2 Ed. 4. fol. 18. At the small Cape against the Husband and Wife the Husband was essoyned of the Kings Service notwithstanding that he had an Attorney not essoyned for the Attorney shall not be essoyned of this Essoyn Britton fol. 281. Our Service as being in Our power and the defence of Us and of Our People and of Our Realme 35 H. 6. f. 1. Where one essoyned of the Kings Service and hath a Day to bring that in he ought to bring that in under the great Seal of the King and not the privy Seal 19 H. 6. f. 50. If one be the Kings Carver he shall not be essoyned of the Kings Service and yet the Woman which is Landerer or Nurse shall be essoyned of the Kings Service 4 H. 6. f. 8. One effoyned of the Kings Service which is under Bail and cannot for by the Bail he is intended in Prison and by the Essoyn at large 10 H. 4. f. 6. Quareimpedit Essoyn of the Kings Service is not allowable for the mischief of Lapps 27. H. 6. fol. 1. the same 12 H. 4. fol. 24. Where one is
essoyned of the Kings Service the name of the Essoyner shall be put in for if his Master do not bring in his Warrant Deceit lies against him and his Master Fitzh 17. H. If one be essoyned of the Kings Service and at the Day he doth not bring in his Warrant he shall loose twenty shillings c. by Glocester chap. 8. and further shall be in the Mercy and it shall be allowed See 45 Ed. 3. f. 24. 44 Ed. 3. f. 5. Essoyn of the Kings Service doth not lie in a Writ of Dower 22 Ed. 3. f. 10. At the Venire facias returned the Defendant puts the word without Day by Protection and at the re-summons he was essoyned of the Kings Service and had it 27 Ed. 3. f. 81. In Replevin the Avowant was essoyned of the Kings Service and for that that he doth not bring in his Warrant of that he shall lose twenty shillings for the Journey and not Damages nor any other thing 29 Ed. 3. f. 17. At the Distringas one was essoyned of the Kings Service and at the Day did not bring in his VVarrant and came not by which by Award he lost his Issues returned upon him that is five and twenty shilâ—ings and the Plaintiff hath for the delay forty shillings 29 Ed. 3. f. 46. After Issue in Trespass the defendant is essoyned of the Kings Service and at the day fails of his VVarrant and by Award he shall recover damages by the Statute to twenty shillings and further 20. shillings by discretion of the Court and the Inquest taken by default 2 Ed. 4. f. 16. 19 H. 6. f. 51. In Replevin at the Habeas corpora Juratorum the Plaintiff was essoyned of the Kings Service the Essoyner was sworn and had it Fitzh 29. C. If a man be essoyned of the Kings Service the Plaintiff may have a special VVrit if he be not in the Kings Service to disallow the Essoyn 4. Book of Ass 3. Attaint is laid at the next day after the first day and quaâ—ht and in Juris utrum it doth not lie after Appearance 4. Book of Assise 2. Attaint after Appearance the Desendant is essoyned of the Kings Service 29. Book of Ass 25. Attaint after Appearance the Plaintiff casts the Essoyn and was quasht that is a common Essoyn 19. Ass 15. Essoyn is out after Issue in Attaint by the Statute 18 Ed. 4. f. 8. Attaint the Tenant at the Summons was essoyned and at the Day of Adjournement made Default and the Attaint was awarded by his Default and if at the Summons one be essoyned and at the Day make Default there shall go a grand Cape and not a small Cape for he doth not appear 30 H. 6. fol. 1. Assise in common Bench returnable the Monday after Octabis and the Plaintiff was essoyned in Octav. and the Court allowed that and it shall be before parties are demanded and it seems that Essoyn in Assise shall be entered in the Roll of Assise and the Roll of Essoyn this is for Essoyn of Common Pleas. 1 H. 7. fol. 21. Essoyn is good though it be not in the Roll of the Plea but in the Roll of the Essoyn 10 H. 6. fol. 23. Assise by two and one makes Default and so Summons to prosecute together at the next Assises at which day he that made default is Essoined and it doth not lye but is severed by award 14 H. 6. fol. 23. Entry in nature of Assise the Tenant was Essoined and it was Adjourned and it is not like to an Assise for after appearance there lies no Essoin Common Essoin Quem redditum reddit and Scire facias they are Judicialls and no Essoin lies in them 33 H. 6. f. 6. 34 H. 6. f. 31. Trespass Return Attach and Precpe Return summoned the Defendant shall be Essoined but when he comes by the great Distress he shall not be Essoined 34 H. 6. fol. 50. Debt The Plaintiff at the first day may be essoined unlesse the Defendant appear upon a Capias Cepi or upon an Exigent 9. H. 6. fol. 58. Where one is let to Bail no Essoin of the King or other Essoin lies for that he is in manner as in Prison 11. H. 6. fol. 39. Replegeare at the day of Imparlance Essoin doth not ly for the Defendant 2 H. 4. fol. 17. Deceit the Defendant casts an Essoin after the day given and it was adjudged and adjourned Natura Brevium f. 13. If any man be essoined of being sick in his bed in a Writ of Right if the Demandant will averre that he is not so ill but that he may well come and this be found by Inquest his essoin shal turn him in default 21. H. 7. fol. 40. Essoin doth not lie in Quare uon admisit for that it is as a judiciall Writ Britton fol. 281. He is Essoined of sicknesse and force of sicknesse he appeals as it is of those which move themselves against the Court and are in riding taken with sicknesse and Essoin of force is as it is of those which are hindered by Imprisonment or by Theives or of other Enemies by the way or by broken Bridges or of other passages or hindered by Tempest or for want of Boats or Ships 12 H. 4. f. 24. Formedon by Thirn if no Essoin be cast and Record the first day it lies not afterwards 2 R. 3 f. 15. In a Writ of Right and Formedon which is in his nature Essoin shall be cast the first day of Essoynes and proffers and not afterwards 2 H. 7. f. 4. The Demandant or tenant in a Precipe may be essoined the fourth day and every day before the fourth day and likewise the fourth day notwithstanding any challenge taken by his Adversary but in a VVrit Judiciall out of the Common Bench the Partie ought to be essoined the first day and otherwise not if that be challenged 18. Ed. 4. fol. 4. Precipe Essoin of the Kings Service was laid and it seems there that every Essoin shall be laid the first day or any day before the fourth day if there be not an exception entered and the fourth day shall be adjourned 1 Ed. 5. fol. 2. 2 Ed. 4. fol. 12. Before the Originall be Returned the Tenant shall be essoined and this is a common course 30. H. 6. fol. 1. Essoin is Michiel where it should be Michael and shall not be amended for it is laid before the VVrit be Returned and hath not the VVrit to see it Every Return hath four dayes and the first day of them is called the day of Essoins and proffers and the next day after that is the day of the Return of the VVrits the third day is the day the fourth day is the day of appearance And it is an use if one cause the Clark of Essoins to enter ne recipiatur as he may the fourth day Essoin cannot be laid after that is entered but he may cast an Essoin the fourth day if that be not entered if one
do not lay the Essoin the fourth day then the next day ensuing the Party may enter exception that is ne recipiatur and after shall be no Essoin laid 4 H. 6. fol. 6. Visus in Curia If one cast an Essoin and appear in the Court before it be adjudged the Essoin shall be defeated and this by the Statute of questioning Essoins 12. H. 4. fol 24. the same 7. H. 4. fol. 40. Quare impedit by the King against R. Felbridge the Attorney of the Defendant was Essoined at the day of the Venire facias Returned and after that the Essoin was adjudged and before the adjournment the Attorney which was Essoined comes into the Court and was seen of the Court and it seems after the Essoin adjudged that he may be seen in the Court very well though that it be not adjourned and the Essoin very good 11 H. 4. fol. 80. Precipe 11. H. 6. fol. 53. Essoin was cast for the husband and wife and the Essoin was outed for the Husband because he was seen in the Court and allowed for the VVife 45. Ed. 3. fol. 24. Mortdancester against I. which voucheth B. which was Enoined at the Summons to warrant and at the day by Enoin he was Essoined of the Kings Service and at the day that he hath to bring in his VVarrant the Tenant was Essoined and the Essoin was adjudged and adjourned 12. H. 4. fol. 14. by Hull Essoin doth not lie after Essoin nor Essoin of the Kings Service after Essoin of the Kings Service but contrary by mean Processe 9. H. 5. fol. 5. By Strange common Essoin doth not lie after common Essoin without mean degree but after common Essoin Essoin of the Kings Service lyeth 21. Ed. 3. fol. 13. the same 21. Book of Assises 11 Assise The Sheriffe Returns that the Plaintiffe hath not found Pledges to prosecute and the Plaintiffe was Essoined and the Essoin adiudged for otherwise the Plaintiffe shall be non-suited 2 Ed. 4. fol. 16. At the great Cape returned against the Husband and the Wife the Husband casts the Essoin of the Kings Service where he had an Attorney in Court and held that the Essoin lies well notwithstanding that he hath an Attorney in Court contrary of a common Essoin for that cannot be where he hath an Attorney in Court 4. H. 6. fol. 10. Dower At the grand Cape the Tenant wages his Law of non-Summons and at the day Essoin is cast for him and saith that he hath an Attorney in Court and notwithstanding this the Essoin lies for here the Attorney is out of the Court. 7. H. 4. fol. 6. Precipe at the great Cape Returned one renders his Law by Attorney and at the day of the Law the Attorney laid an Essoin and had no day for it was said to him to let his Master come 19 H. 6. fol. 30. Debt at the day that he hath to make his Law his Attorney was Essoined and he ought not to be Essoined for he is out of the Court. 18 H. 6. fol. 20. Precipe The Tenant hath two Attorneys and the one is Essoined and not the other and good for their Warrant is ioynt and severall and excuses the master 11 H. 4. fol. 53. the same 19 H. 6. fol. 57. The Attorney of one Party cannot be Essoined of the Kings Service 21 Book of Assises 7. Where the Defendant appears and answers by Attorney he shall not be after Essoined unlesse his Attorney be also Essoined 14 H. 4. fol. 13. Quare impedit The Plaintiffe was Essoined and the Defendant saith that the Plaintiffe hath an Attorney that is not Essoined and by Hank that Challenge was entered and at the day that the Plaintiffe had by Essoin that shall be shewed and if it be found then the Defendant shall have a Writ to the Bishop and in the mean time the Essoin was adiourned 45. Ed. 3. fol. 10. Debt at the Exigent the Defendant came by Supersedeas upon Bail and at the day of the Exigent returned the Plaintiffe was Essoined and therefore the defendant shall have the same day without Bail and there agreed if the Party be Essoined and not his Attorney that this is a discontinuance of Process for the Attorney onely shall be Essoined and every Challenge of Essoin shall be entered but it shall not be tryed before the day of Adiournment of the Essoin unlesse it be challenged for that he was seen in the Court which shall be tryed forthwith 11 H. 8. Tit. 41. Formedon Conusance of Plea was granted and the Demandant sues a Resummons for failing of Right in the Franchise and the Attorney of the Tenant cast Essoin where another Attorney was Essoined upon the Originall and by the Court this matter of Challenge cannot be now tryed the Essoin was adiourned but not adiudged and it shall be tryed at the Adiournment and if it be found shall turn him in default 12 H. 4. fol. 25. A man hath two Attorneys and after the view the one was Essoined and the other not and by Hull By this Challenge the Essoin shall be adiourned but not adiudged and by Hank in some Case Essoin shall be adiudged and not adiourned as the Demandant in Precipe is Essoined and at the same day Protection is shewed out for the Tenant in this Case the Essoin shall be adiudged so that the Demandant shall not be nonsuited but it shall not be adiourned 12 H. 7. fol. 8. Formedon The Tenant makes two Attorneys and at the day upon the view granted the Tenant and one Attorney makes default and the other Attorney was Essoined and it was held clearly that the Essoin of one Attorney excuseth the default of the Tenant and the other Attorney for they were Attorneys Joint and severall 2 H. 5. fol. 2. Formedon After the view the Tenant was Essoined and notwithstanding that he had an Attorney not Essoined the Essoin was allowed sub Calumnia for the Attorney peradventure is removed and agreed if he have no Attorney in Court he himself may be essoined 11 H. 7. fol. 42. Essoin was amended in Precipe of Rent where the Essoin was entered in a Plea of a yearly Rent where it should have been in a Plea of Land 18 Ed. 4. fol. 4. The Writ was J.S. and the Essoin was J.S. of Dale in the County of Kent and for this variance it was quasht and shall not be amended for the Clerk had no fight of the VVrit for the Essoyne was before the VVrit returned 30 H. 6. f. 1. At the Pone in a Quare impedit the Incumbent was Essoined and was varying from the name in the Writ for the Essoin is Mich. and the Writ Michaell and adiudge that it should not be amended for that the Essoin was put in before the Writ came in 10. H. 7. f. 6. Precipe The Tenant hath view where it was not grantable and at the day of the Habere facias visum
The Tenant would have been Essoined and could not in so much as the view was not grantable 19 H. 6. fol. 80. Debt The Defendant came by Cepi Corpus and the Plaintiffe is Essoined by this the Defendant shal have the same day without Bail but if the Plaintiffe had appeared the Defendant should answer in custody and after shall be by Bail till the end of the Plea 12 Ed. 3. tit 58 B. VVast the Venire facias was abated and a new one went out and was returned the Defendant cast Essoyne and it was adiudged and adiourned though there were the second Venire facias for the first was as none 19 Book of Assises 12 Ass The Plaintif was essoyned and the VVrit indorced Tarde and notwithstanding that the Justices adiuged and adiourned the Essoin 21 Ed. 4. f. 79. It seems that Essoin doth not lie for a Corporation for the Essoin de malo veniendi nor the Essoin de malo lecti doth not lye for it is to excuse the Defendant and a Corporation cannot appear in person but by Attorney nor an Essoin of the Kings service nor of beyond the Seas for all cannot be together by common Intendment and Protection doth not lie for a Corporation 10 H. 6. f. 1. Scire facias by three and two were Essoined the Essoin quasht by the Court for that delayes are outed by Westm 2 Chap. 45. 2 H. 7. f. 10. the same 11 H. 6. f. 31 At the day of Imparlance the Plaintiffe shall not be Essoined also he shall be nonsuited if he do not appear 45 Ed. 3. f. 19. Precipe the Tenant vouches and Process continue untill the Sequatur at which day the Tenant is essoyned and it lies well 10 Ed. 4. fol. 15. Formedon the parties were at Issue and after discontinuance by Demise upon re-summons said that the Tenant shall not be essoyned See the Statute is that Essoyn doth not lie because re-summons was in the last Presentment 1 H. 6. f. 6. the same 1 R. 3. f. 4. 34 H. 6. f. 34. Trespass upon re-attachment the Tenant was essoyned and said that it lies 44 Ed. 3. fol. 4. Ass Discontinued for not coming of the Justices and upon re-attachment the Plaintiff is essoyned and it lies and yet the Statute of Westm chap. 41. is who hath once appeared in Assise shall not be afterwards essoyned 44. Book of Assise 24. the same 22 Ed. 3. fol. 10. At the Venire facias returned the Defendant put the Paroll without Day by Protection and at the re-summons he was essoyned of the Kings Service and had it 21 Ed. 3. Tit. 35. B. Paroll was put without Day in a Precipe against a Prior for that that the King had sent a Supersedeas that he had seised the Land for Warr for that the Tenant was a Prior stranger and after Demand at the Procedendo and re-summons where the Paroll was put without Day before after Venire facias returned and the Jury appeared and at the Day of the re-summons returned the Prior was essoyned and was challenged for that that the Prior was another time essoyned upon the Venire facias in the first Action and it was not allowed but the Essoyn admitted 30. Book of Ass 51. Mortdancester at the re-summons the Tenant cast an Essoyn and it was quasht by the Statute De Calumniandis Wardens of Churches Though the Statutes for high-wayes not repaired give all Forfeitures of those Statutes to Church-wardens yet they are no Corporation and it is fit to see what things they may take and what not and what Interest they have in things of the Church and where they may be removed and where not and what Interest the Parson hath PArishoners shall have no Action of Account against Wardens but they may choose other Wardens which may have Account against the first Wardens 8 Ed. 4. f. 6. 37 H. 6. fol. 32. If a Book be given to the Parishoners of such a Church to the use of the Church the Wardens shall have Trespass against him which takes this out of the Church 10 H. 4. fol. 9. Church-wardens shall have Trespass of Bells taken though the Defendant hangs them in the Steeple and though they are annexed to the Church they are no parcell Parson shall have Trespass of Windows and Trees in the Church-yard cut and the Wardens shall have Trespass of the Ornaments taken 8 H. 6. f. 9. Parson brings Trespass of entering in a Close and House which was the Church-yard and the Church and it so feems that he hath interest in that 38 H. 6. fol. 19. Parson shall have Assise of Church-yard or Glebe 8 H. 7. f. 12. The Free-hold of the Church is to the Parson and the Pewes are Chattels unless they be fixt but some have Pewes there by Prescription but the Pewes fixt there are Free-hold to the Parson 21 H. 7. f. 21. Church-yard and Church are to the Parson and he shall have Trespass of Trees cut in the Church-yard Abridgement of Assises fol. 112. Assises It is a good Plea for the Defendant at the Jurisdiction of the Court to say that he is Parson and that it is parcell of his Church-yard 15 H. 7. f. 8. Church and Church-yard are to the Parson that is the Free-hold of them 30 Ed. 3. Tit. Account Statham See there that the Church is to the Parishoners Brit. fol. 84. Church-yards burying-places Church or Chancels are to none Seek 9 Ed. 4. fol. 15. Indictment by the Church-wardens why by force of Armes the Goods of the Chappell c. being it seems good and it seems if it were the Goods of the Parishoners it were better 8 Ed. 4. f. 6. Trespasse by the Church-wardens and it is to the loss of the Parishoners and it seems they are a Corporation for personal things 9 Ed. 4. fol. 15. Trespass was brought by Dame wiche against the Parson for taking a Coat-armor certain Pendants with the Armes of Sir Hugh Wiche her Husband And it seems that a Parson shall not have that nor the Church-wardens for they are hung there for the honour of the Body of him that was buried there 37 H. 6. f. 32. Church-wardens shall have Trespasse of the Goods of the Parish taken and an Appeal of Robbery 12 H. 7. fol. 32. Wardens of the Church cannot let Lands nor take Lands but they may have Goods Abridg. of Ass fol. 76. Church-wardens may have an Appeal of Robbery of the Church Goods 13 H. 7. f. 9. Church-wardens cannot let Lands for the Law gives them Authority to receive Goods but not to depart with any thing and may have Trespass of Goods of the Church taken 8 H. 5. fol. 4. To the Wardens of the Church are the Books and Bells and Goods of the Church Doct. and Student f. 118. For not inclosing the Church-yard and for not sufficient repairing the Church shall be a Complaint to the Ordinary Waging of Law Then for that that the ancient Triall in Court Baron is by waging of Law
and also in Plaints for Copy-hold-Lands of non-summons it is needfull to say something of waging of Law and what will save his Default and where without waging the Law of non-summons TRiall that in Court Baron the Triall is by waging Law but it may be by a Jury by consent of the parties 33 H. 8. f. 143. 18 H. 8. fol. 3. Of Detinue and counts of delivering of Goods by another hand the Defendant may wage his Law for the Detinue is the cause of Action and not the Delivery but in Account and Counts of a Receit by another hand he cannot wage his Law for the Receit is traversable 34 Ed. 3. f. 61. 26. H. 8. f. 26. Detinue It seems though the delivery were by deed it may be discharged by matter in the evidence by redelivery and in account of receit by the Plaintiffs own hands and he shews a deed testifiing that yet the Defendant in these cases may wage his Law 16 Ed. 3. tit 57. F. See 27 H. 8. f. 26. Account the Defendant shews a deed witnessing the receit Defendant shall not have his Law Debt upon Arbitrement for Money awarded Defendant may wage his Law for he hath notice of the award and ought to take notice of it and so it seems in debt against a Husband and his Wife for debt of the Wife for the Wife is party alwayes 1 H. 7. f. 25. 10 H. 7. f. 18 In debt upon a Statute of Cappers Defendant cannot wage his Law for it is a matter of Record 50 Ed. 3. f. Where the King is party Defendant cannot wage his Law 13 H. 7. f. 3. Debt against Successor of an Abbot where Predecessor makes a bargaine that is buying Fishes which comes to the use of the House and the Successor hath his Law and yet it was of anothers Contract 1 H. 7. f. 25. Contrary for he hath notice of the bargaine and said if my Servant buy a Horse for me in debt against me of that contract I may wage my Law 13 H. 7. fol. 3. 2 H. 4. f. 16. Where the Testator may wage his Law no Action lies against the Executors 15 Ed. 4. f. 3 H. 4. fol. 3. Where the Defendant is ready to wage his Law and the Plaintiffe is Demandant and makes default he cannot be non-suted where before he appeared in Court But if he had imparled to this day he might be non-suted 6 H. 4. fol. 2. In debt for dammages recovered in a Base Court the Defendant tenders his Law but shall not have it 34 H. 6. fol. 64. 11 H. 4. fol. 54. In debt for money awarded upon arbitrement the Defendant may have his Law 22 H. 6. fol. 46. the same 2 H. 5. fol. 6. the same 8 Ed 4. fol. 4. Detinue of Charters held by all the Justices that the Defendant may traverse the delivery generally for that that he could not wage his Law but in Detinue of Charters If the Plaintiffe do not intitle himself to Land the Defendant he may wage his Law For if one give to me a Deed of feoffment it is but a chattel in me if I have not the Land 9 Ed 4. fol. 1. Debt where a man lets a Chamber to the Defendant and takes his wife and son to table rendring for the Chamber and Table 6 s. a week defendant cannot for his debt wage his Law 9 Ed 4. fol. 25. Debt against the Husband and his wife for debt of the wife before the marriage both shall wage their Law for by the marriage the debt is the Husbands 15 Ed. 4. fol. 2. the same 16 Ed. 4. fol 15. Debt of the sale of cloaths the Defendant may wage his Law The same Law is in debt for wages unlesse the reteiner be according to the Statute of Labourers 21 Ed. 4. fol. 26. Debt for an Horse sold for 10 l. where there were two or the contrary or if he count of a Cow where it was a garment it seems he may wage his Law by conscience for it is another contract 22. Ed 3. fol 2. Detinue if a man deliver to me goods in satisfaction of debt due to me and after having brought Detinue Defendant may wage his Law for the property is changed and in Detinue of a thing of 4 ounces which is but two The Defendant may wage his Law the same law in Detinue of a white horse which indeed is bay The same in Detinue of cloath of 20 yards where it is but 13. the Defendant in these cases by conscience may wage his Law 34 H. 8. tit 97. Detinue of a Deed Indent of a Lease for years the Defendant cannot wage his Law for this concerns Land and a Chattell reall 21 Ed 4. tit 79. Detinue of a chest with Writings enealed or of a Box ensealed with Writings the Defendant may wage his Law And where he counts of a chest ensealed with Writings and of a speciall Deed the Defendant may say to this deed he detains not and to the rest wage his Law 19 H. 6. fol. 9. the same And 38 H. 6. fol 25. the same 44 Ed 3.1 and 10 H. 6. fol 20. 12 R 2. tit 43. Debt for amerciament in Leet Defendant shall not have his Law 39 H 6. fol 36. Debt upon a Bargain the Plaintiffe shews a Deed witnessing the receit of it yer defendant shall have his Law 32 H 6. fol 19. Debt for a Sallary in Husbandry reteined Defendant shall not have his Law 8 H 5. tit 5. Quo minus B. A man shall not wage his Law in a Quo minus where one sues that for debt and payes the King 32 H. 6. fol 28. the same 32 H 8. tit 112. It was spoken for Law that a man shall not wage his Law in Quo minus But see Tit. 102. B. 2 H 5. fol 6. Debt for money awarded by Arbitrators defendant shall have his Law for they are not Judges of Record 5 H. 5. fol the last the same 9 H. 5. fol. 5. Debt upon Arrearages of account before Auditors defendant shall not have his Law for that because they be as Judges of Record otherwise it is of Arrearages before the Plaintiffe himself 5 H. 6. fo 17. 43 Ed 3. fol. 1. 49 Ed 3. fol. 3. 38 H. 6. fol. 6. The Lord in debt against him of surplusage of Account he may wage his Law by Prisot 38 H. 6. fol 14. Debt for wages he counts that he was reteined to serve in Husbandry defendant could not wage his Law and if he count of another reteiner he may have his Law 38 H 6. fol 24. If a Gentleman be reteined in Husbandrie in debt for their sallarie defendant cannot wage his Law But if a Gentleman or a Carpenter be reteined in other Art then Husbandrie in debt for their wages the defendants shall have their Law 39 H. 6. fol 19. 3 H 6. fol 43. the same 1 H 6. fol 1. Debt and counts that he left to the defendant certain sheep paying for every sheep by the yeer 4
d. and 15 d. for every sheep dead Defendant tenders his Law forthwith and had it The same Law is in debt upon Arbitrement but otherwise it is in debt upon a Lease of land rendring Rent 3 H 6. fol 14. Debt Defendant Imparles till the next day and then comes and tenders his law forthwith And for that that all was in one self same Tearm the Plaintiffe should not be demanded to be non-suited But for that that he said nothing it shall be entended acknowledged by him But if he had Imparled till another Tearm Plaintiffe shall be demanded and may be non-suited 3 H 6. fol 34. Debt by Counsellor and how he was reteined by 20 li. yearly and the Plaintiffe ought to count that he hath given him Counsell And the defendant tenders his Law and had it But in debt for wages of a Common Labourer Defendant cannot wage his law for it is certain by the Statute 3 H 6. fol 43. Debt of 40 s for Tallow the defendant saith that he bought the Tallow for 3 s 6 d which he is ready to pay c. And to the remnant tenders his Law and had it and for that it was the same Tearm Plaintiffe shall not be demanded But if it were in another Tearm he shall be demanded 4 H. 6. fol 25. Debt upon Arrearages of account before an Auditor Defendant tenders his Law and had it 20 H. 6. fo 17. the same â— H. 6. fol 58. Debt upon Arbitrement Defendant shall have his Law and in Detinue of delivery by anothers hand but not in account of receit by another hand 10 H. 6. fol. 20. Detinue of Writings ensealed and counts of one especiall of the Land the Defendant may plead barr to that and to the remnant tender his Law and had it 11 H. 6. fol 11. If debt be upon a lease and Bargain or upon an Obligation and Bargain Defendant may plead to the Obligation and to the Bargain wage his Law 14 H. 6. fol 1. the same 19 H. 6. fol 10. the same 33 H. 6. fol 26. 44 Ed 3. fol 41. Detinue where the Plaintiffe count of a chest for Writings the Defendant may wage his Laws but if he counts of a speciall Writing concerning land he cannot wage his law of that but of the Chest and the residue 46 Ed 3. fol 6. Debt upon Contract for 40 s. the Defendant saith that he doth not know the Contract to be made for so much but only for 4 s. which he hath been alwaies ready to pay and yet is And to the 40 s. he owes him nothing ready to wage his law 3 H. 6. fol 43. 49 Ed 3. fol 3. Debt upon arrearages of Account found before Auditors assigned by the Party out of the Court and the Defendant tenders his law and had it 21 H. 6. fol 48. Detinue of two Writings obligatory the Defendant may wage his law 7 R. 2. tit 42. Fitzh Debt upon a Lease of land the Defendant shall not have his Law 12 R. 2. tit 43 F. Debt for Amerciament in Leet the Defendant shall not have his law 14 Ed. 3. tit 48. F. Account of Receit by his own hand the Defendant shall have his law 25 Ed 3. fol 46. the same 5 Ed 3. tit 54. F. Account of receit by the hands of his Wife the Defendant shall have his law 14 Ed 2. tit 69. F. Account of receit by other hands the Defendant shall not have his law 17 Ed 2. tit 72 the same case 27 H. 8. fol 26. Account of Receit by his hands and shews a deed witnessing that yet the Defendant may wage his Law 39 H. 6. fol 36. Debt upon a Bargain the Plaintiffe shews a deed witnessing that yet the Defendant shall have his Law see before 26 H. 8. fol 26. 18 Ed. 3. fol 53. One which was dumb waged his Law by signes and the words were read to him and he put his hand upon the book and kist it and so waged his Law without words 21 H. 6. fol 47. Where a Lumbard waged his Law 22 H 6. fol 14. Debt for Commons of one Defendant shall have his Law 1 Ed 4. fol 5. 9 Ed 4. fol 1. the same 28 H. 6. fol 5. Debt against a Prisoner of the Tower for his meat he shall not have his Law for the Plaintiffe is compellable to give that to him 27 H. 6. fol 16. If the Tenant at the day of the great Cape appear and tenders his Law of non-summons and the Sheriffe do not return the Writ yet he may wage his Law for he hath day by Roll. 33 H 6. fol 8. Precipe At the day of the great Cape returned the Tenant saith that he was not summoned ready to prove by the Countrey and shall be tried by waging law and not by the Countrey unles upon speciall matter shewed as if the party were sick or it be a Mayor and Commonalty or be a Recluse And waging of Law shall be by 12 hands that is 12 and he himself shall be sworn But the use is in Court Baron by 6. 40 Ed 3. fol 40. Cessavit against 3. which 3 at the day of the great Cape returned waged their Law of not summoned and at the day 2 made default and the third appeared and tendered the Arrearages and could not unles for the third part for that that they are joyned in Tender 41 Ed 3. fol 2. Precipe against 2 which wage their Law of not summoned and at the day one comes and the other not And he which comes wages his Law and awarded that the demandant should recover the half against him which made default and took nothing by his Writ against the other 40 Ed 3. fol 35. 48 Ed. 3. fol. 13. Cessavit against three they wage their Law of not summoned at the day the great Cape returned and at the day gives them to make their Law two appears and wage their Law and the third makes default and the Writ abates for two parts and one was received for the third part in desault of the three and so the Writ shall be for the third part 40 Ed. 3. fol. 35. Debt against two which tender their Law and at the day one makes default and the other was readie to wage his Law and waged his Law And for that that the Plaintiffe suffered that he was barr'd And yet where the two tendered their Law and at the day one made default this was the default of both If the Plaintiffe had prayed it and not suffered the Law of one 44 Ed. 3. fol. 38. Precipe the Tenant wages his Law of not summoned the Writ shall abate 7 H. 4. fol. 3. Precipe the Tenant makes default after appearance by which issues Pettie Cape at which day he appears by Attorney and the Attorney wages his Law and day given for his Master against another day to make his Law 7 H. 4. fol. 7. The waging Law shall be in person by the Tenant and not by Attorney 24 Ed 3 tit 57.
plead in person afterwards that he is Prior of the Church of St. Peter and Paul for that is parcell of the name which cannot be pleaded after Imparlance for that doth notstand with c. 35 H. 6. fol 37. Trespasse against J.S. of D. after Imparlance he demands Judgment of the Writ for day of the Writ purchased he was dwelling at S. and not at D. and shall not have it for it is contrary to the name which the hath affirmed by the Imparlance 32 H. 6. fol 35. After Imparlance the Defendant cannot plead that he is dwelling in another place then is in the Count 19 H. 6. fol 1. 35 H. 6. fol 43. Debt against J. S. as Executor of J. D. and he imparles he shall not say after that he is Administrator and nor Executor 32 H. 6. fol 32. The same 36 H. 6. fol 17. 37 H. 6. fol 32. If the Defendant in personall action imparle and at the day makes default Judgment shall be given and in a reall action shall be awarded a Pettie Cape 7 H 6. fol 30. The same 11 H 7 fol 5.38 H. 6. fol 36.39 H. 6. fol 17. 4 H. 7. fol 12. If a man in debt upon an Obligation imparle before he demands hearing of the Obligation and Condition and hath that entred he cannot plead the Condition afterward for he shall not have hearing of that if he do not alledge variance 13 H. 7. fol 17. Precipe of Lands in D. the Tenant imparles and at the day he may say no such Town 9 Ed 4. fol 33. the same 7 Ed 4. fol 1. Trespas 16 H. 7. fol 17. Debt by Prior the Defendant imparles and at the day saith that the Plaintiffe is deposed for that goes in Bar. 7 Ed. 4. fol 1. Trespas against J.S. de D. in the County of Middlesex after Imparlance the Defendant cannot say no such Town D. within the said County but he may say there is over D. and nether D and none without addition 22 Ed 4. fol 1. the same 9 Ed. 4. fol 38. Precipe after Imparlance one may plead Non-tenure and Joyntenancie But in Precipe of Lands in D. and S. the Tenant Imparles and at the day saith That D. is an Hamlet of S. without that that there is any Town or place known out of the Town named D. in the same County Judgment of the Writ and hath the Plea by the whole Court 9 Ed. 4. fol. 42. Debt against Executors after Imparlance he cannot say that the Testator dyes intestate and that the Administration was committed to him Judgment of the Writ for he is estopped by the Imparlance but he may plead never Executor nor ever administred as an Executor for that is with the c. 32 H. 6. fol. 32. the same 18 Ed. 4. fol. 19. Writ is abated by death and abateable by Joyntenancie and severall tenancie and where a man is made knight or a woman takes an husband and such like and saith where a Writ is abateable if he Imparle or take continuance he cannot plead in abatement But otherwise it is if it were abated See 7 H. 6. fol. 16. and 20 H. 6. fo 17. And note that it pleaded there that the Plaintiffe is a knight 44 Ed. 3. fol. 4. After Imparlance the Defendant may plead to the Action as to say that the Plaintiffe is a Channon professed c. But he cannot plead to the Writ unlesse he come after the Continuance unlesse it were for that that the Writ is abated as death c. 20 Ed. 4. fol. 9. Debt upon a Lease of a Corodie the Defendant imparles and after that shall not have hearing of the Deed. See 4 H. 7. fol 12. 4 H 7. fol. 17. Replegeare against three which imparle joyntly and one makes default the other cannot plead no such in being as one is which makes default 11 H. 7. fol. 5. Debt for Corn the Defendant imparles and at the day makes default there shall go a Writ to inquire of the value See 37 H. 6. fol. 32. 15 H. 7. fol. 14. Attorney for Corporation after Imparlance he cannot plead that they are corporate by another name 32 H. 6. fol 12. Where a Writ is abated he may plead that though there be a Continuance as to say that the Plaintiffe is dead or hath an Husband day of the Writ but if it be abateable it is otherwise he may say that after the last continuance is made knight Judgment of the Writ c. where it is abateable 34 H. 6. fol 49. Debt upon Obligation by three the Defendant pleads not his Deed yet he may plead that after the last continuance one Plaintiffe is dead 22 Ed 4. fol 36. Trespasse The Defendant after Imparlance may say that the Plaintiffe is his wife Judgment if Action or that the Plaintiffe is a Monk professed And in Mordancester that the Demandant is a Bastard And in Debt against Executors after Imparlance he may say he was never Executor nor ever administred as Executor for these are disabilities which go in Bar. 32 H. 6. fol 32. It seems a man may plead after a Continuance that the Plaintiffe is a stranger born or Monk professed Judgment if Action and not to the person 36 H. 6. fol 7. 7 H. 6. fol. 39. It seems that after Imparlance one cannot plead to the Jurisdiction unlesse it be after speciall Imparlance saving all advantages as well to the Jurisdiction of the Courts as to the Writ and Declaration 19 H. 6. fol. 7. Debt by Executor which shews the Will as it behoveth and after the Defendant imparles there he shall not have reading of the Will again 38 H. 6. fol. 2. But if he plead variance he shall have Reading and so in Debt upon Obligation 16 Ed. 4. fol. 4. Debt upon specialtie the Defendant may plead Out-lawrie in the Plaintiffe though he hath parled for that is a Bar and intitles the King 4 Ed. 4. fol. 15. Debt after Imparlance one space in the Count cannot be amended in another tearm 39 H. 6. fol. 22. Debt upon arrerages of annuitie after Imparlance the Defendant cannot have hearing of the Deed But if the Defendant plead that it was made in another County then where the Writ was brought and then he shall shew 39 H. 6. fol. 17. the same Pleas after day given IF the Defendant imparle and make default he shall be condemned and upon day given shall issue Processe 7 H. 6. fol. 42. 19 H. 8. fol. 6. Note by all the Prothonotaries that day given is ever before the Count and Imparlance is after the Count and therefore where three Capias and Exigent is awarded and the Defendant appear upon the Exigent and hath day given and after makes default Distringas shall go and upon that returned Nihil other 3 Capias and Exigent and upon default in persâ—r all action he shall be condemned See 7 H. 6. fol 42. 20 H. 6. fol 17. Trespas the Defendant at the day which he hath by
Imparlance saith that the Plaintiffe was knight day of the Writ purchased not named knight Judgment of the Writ and had plea by Judgment Otherwise it is said after continuance by day given 42 Ed 3. fol 1. Debt the Defendant came at the Exigent by Reddidit se and was bayled and the Plaintiffe came and prayed day by Prece partium and had it notwithstanding that the Defendant was by Bayl for that is by agreement of the parties 8 H. 5. fol 8. After day given and after speciall Imparlance the Defendant may plead in abatement and not after generall Imparlance 14 H. 4. fol 14. If the parties be at Issue and the Demandant releases to the Tenant and he takes continuance by request of the parties he shall not plead the release 22 Ed 3. fol 8. The Tenant after the request of the parties was received to plead Joyntenancie by Fine Pleas after Issue and at the Nisi prius day in Bench and after Verdict DOwer by Thorpe the day of the Nisi prius and the day in Bench is not all one to all respects for a Writ purchased mean between the Nisi prius and day in Bench shall abate for the first Writ is hanging till Judgment be given notwithstanding the Plaintiffe was non-suited at the Nisi prius But when to plead any Pleas which come mean between them there shall be one same day 40 Ed 3. fol 38. 28 H. 6. fol 1. A man may plead a Plea after last continuance at the Nisi prius Inquire what Pleas. 34 H. 6. fol 45. At the day of the Nisi prius the Defennant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and had it 47 Ed 3. fol 2. If it be found against the Plaintiffe at the Nisi prius and the Plaintiffe makes default at the day in Bench yet Judgment shall be upon the Verdict for that is all one day and the day of the Nisi prius 10 H. 7. fol 21. Debt upon a Lease for yeers and the Issue was levyed by distresse or not And now at the Nisi prius he could not plead a Release made after the last continuance 19 H. 6. fol 36. Forging of false Deeds against many they were at Issue Processe continued against the Enquest till the Jury appeared at which day the Defendant pleads arbitrement after the last continuance and upon this the Jury was discharged 21 H. 6. fol. 10. Nisi prius was returned Octa Mich that is the day in Bench and one Plaintiffe dyed after Octa Mich and before Judgment given upon the Verdict And the Defendant may plead that for Judgment shall have relation to Octa Mich and then the Defendant cannot have remedie by Writ of Error Audita querela nor otherwise therefore he shall have the Plea again But it seems that the Defendant cannot plead Release made to him by the Plaintiffe after Verdict for he shall have an Audita querela contrary of his death the day of Nisi prius and the day in Bench were all one self same day and no mean time and therefore Release made mean between these two cannot be pleaded at the day in Bench notwithstanding it seems at the day of Nisi prius before the Jury taken The Release which is made mean between the Award of the Writ of Nisi prius and the day of the Nisi prius may be pleaded at the Nisi prius See 10 H. 6. tit 53 and tit 55. Br. 22 H. 6. fol 1. Dower It seems if the Plaintiffe release to the Defendant mean between the award of the Nisi prius and the day of the Nisi prius there if the Jury remain for default of Jurors the Defendant may plead this Release at the day in Bench after the last continuance though he did not offer it at the day of Nisi prius and contrary it seems if the Jury had been ready at the Nisi prius 36 H. 6. fol 24. At the Nisi prius the Enquest past for the Plaintiffe and he released before the day in Bench the Defendant shall have an Audita querela and of this it follows that the Defendant cannot plead that at the day in Bench after the last Continuance 34 H. 6. fol 3. 21 H. 7. fol 33. After the Enquest taken by default the Defendant cometh before Judgment and pleads that he and the Plaintiffe have put themselves to Arbitrement after the last Continuance c. And by the opinion of the Court he hath no day in Court to plead that Plea And it was said that he shall plead no plea in such case but as a freind to the Court But of matter apparent he shall be received but in the Kings case he shall have that by plea for he hath no other remedie But in the case between common persons he shall have Audita querela contrary against the King 11 H. 7. fol 10. tit B. 61. 38 H. 6. fol 33. Debt by Moyle the Defendant after that he was at Issue might once plead plea after the last Continuance as release or such like notwithstanding no oftner then once 41 Book of Ass 19. If Verdict passe for the Plaintiffe and the Defendant get a release before Judgment yet he cannot plead that 21 Ed 4. fol 52. Adjudge that the Defendant cannot plead Release made mean between the Nisi prius and the day in Bench. 16 Ed 4. fol 5. A man may plead a Plea after the last Continuance after Issue joyned and in another Tearm And therfore it seems that the parties have day in Court as well after Issue joyned till Verdict as before 50 Ed 3. fol 4. Imparlance at a day in the same Tearm and at a day and Tearm between and Imparlance of the Plaintiffe COntinuance by Capias ought to be made from Tearm to Tearm and cannot have other Tearm between for that that the party shall not stay so long in prison but continuance by distresse may be made by a Tearm between as from Michaelmasse Tearm to Easter 8 Ed 4. fol. 13. 12 H. 7. fol Common recoveries for assurance the Tenant tenders Issue the Demandant may Imparle to a day in the same Tearm 44 Ed 3. fol 16. If a man Imparle to another day in the same Tearm or till the next day yet that is a new day at which the parties are demandable 37 H. 6. fol 27. Debt Defendant pleads misnaming of himself and the Plaintiffe Imparles and had it 22 Ed. 4. fol. 19. Where the Defendant in appeal of Robbery by which he put his life in jeopardie the Plaintiffe shall not Imparle to that and therefore ruled that he should answer the Court sitting What Pleas he shall have after the last Continuance WHere the parties and Jury appear at the fourth day in the Common Bench and are adjourned at another day a man may plead a Plea after the last Continuance 28 H. 6. fol. 1. 8 Ed. 4. fol. 9. Where
so high and not upon bare matter DEbt upon arrearages of Annuity the Defendant saith that he let the Mannour of D. to him in recompence and it is no Plea for it is not so high 19 H. 8. fol. 9. Trespasse upon the Statute of Rich. The Defendant pleads in Barre warranty of the Ancestor of the Plaintiffe and demands Judgement if against the warranty c. and it is no Plea for Damages is onely to berecovered 10 H. 7. fol. 12. Trespasse the Defendant may plead Fine with Proclamation Judgement if Action but not to relie upon the estoppell 27 H. 8. fol. 27. 14 H. 4. fol. 27. Debt upon a Lease by Indenture the Defendant saith that he hath bestowed the Rent upon reparations by commandement of the Plaintiffe and it is not good for it is not so high 10 H. 7. fol 4 Debt upon arrearages of a Lease for years the Defendant pleads agreement and it is not so high 1 H. 7. fol. 14. The Defendant cannot avoid specialty by bare matter as to say the specialty was delivered to him in place of an acquittance for it is not so high 10 Ed. 4. fol. 18 Debt upon an Obligation endorsed with condition that if the Defendant serve him in all his lawfull commands c. the Defendant may plead that he discharged him and it is good without specialty for the condition is matter in deed 18 Ed. 4. fol. 9 If one covenant by Indenture to make me a house before such a day and he plead that I discharged him before the day it is good without specialty for I cannot come upon his Land after discharge 19. Ed. 4. fol. 2 the same 21 H. 6. fol. 36. Trespasse of taking his Apprentice the Defendant saith that the Plaintiffe discharged him before the Trespasse of taking and it seems no Plea for that he is an Apprentice by Indenture and the discharge without specialty and to another person 9 Ed. 4. fol. 57. Annuity the Defendant pleads levied by distresse in another County and so that he owes him nothing and it is good but that he owes him nothing onely is no Plea against specialty 3 H. 6. fol. 41. Scire facias upon recovery of arrerages of annuity Defendant pleads that the Deed of annuity was delivered to him in lieu of an Acquittance and it is no Plea against a recovery 11 H. 4. fol. Debt upon arrerages before Auditors the Defendant pleads that he hath an obligation for the same and it is no Plea for it is not so high 11 H. 7. fol. 13. VVaste Defendant pleads an agreement between him and the Plaintiff and it is no Plea for the Inheritance is to be recovered in this writ and for that it is no Plea Scire facias upon a Recognisance to have one here at a certaine day to appeare it is no Plea to say I have been there without shewing his appearance of Record for it is not so high 7 H. 6. fol. 26. B. Debt upon arrerages of account before Auditors the the Defendant pleads Abitrement and it is no Plea against matter of Record before Auditors 3 H. 6. f. 55. 8 H. 5. f. 3. the same 10 H. 6. tit 44. 4 H. 6. fol. 17. and 3 H. 4. f. 7. H. 4. f. 6. adjudged Debt upon an obligation the Defendant cannot plead payment for it is not so high 1 H. 7. fol. 14. Debt upon an obligation endorced upon condition the Defendant may plead that the Plaintiff hath retained parcell of the smaller summ hanging the VVrit and it is good in abatement without specialty 5 H. 7. f. 4. Action upon the Statute of Rich. If the Defendant plead Act of Parliament by force of which he was seised till the Plaintiff entered upon him upon which he re-entered the which is the same Trespasse c. and concludes Judgement if action it is good 3 Ed. 4. fol. 6. Annnity by grant the Defendant saith in abatement that after the action brought that the Plaintiff hath retained part of the arrerages and it is no Plea without specialty for it is not so high 22 Ed. 4. fol. 51. Debt upon an obligation the Defendant pleads receit of parcell hanging the VVrit Judgment of the writ and it is not good without specialty 7 Ed. 4. fol. 15. 15 H. 7. fol. 10. Debt upon a single obligation of twenty pound the Defendant pleads that the Plaintiff hath received parcell hanging the VVrit and demands Judgment of the VVrit and it is no Plea without shewing Acquittance for it is not so high VVaste the Defendant pleads agreement to make fludgates only and agreement is no Plea in this action for it is not so high for Land is to be recovered 13 H. 7. f. 20. 11 H. 7. f. 13. Covenant upon specialty the Defendant pleads arbitrement and it is not good for it is not so high 3 H. 4. fol. 2. Debt upon obligation the Defendant cannot plead that the Plaintiff delivered this obligation again to him in place of an Acquittance and took it again from him for it is not so high 5 H. 4. fol 2. Debt for Rent upon a Lease by Indenture the Defendant cannot plead payment for it is not so high but payment and so he owes him nothing is good but where a Lease is by word payment in Debt upon that is good 1 H. 5 fol. 6 See 46 E. 3. f. 1. See 10 H. 7.24 b. 11 H 7.4 b. 20 H. 6.20 b. 9 Ed. 4.27 Debt upon obligation upon condition the Defendant may plead payment according to the condition without specialty 5 H 7 fol. 41. 5 Edw. 4 fol 5. the same Debt for Rent upon a Lease payment is no Plea without saying and so he owes him nothing but payment in another County is good without concluding and so he oweth him nothing 33 H 6 fol 4. 10 H 7 fol 4.3 H 7 fol 3. Debt upon a bargaine where the Defendant may wage his Law he cannot plead payment in another County 18. H 6 fol 13. 10 H 7 f 4. 11 H 74 b. Count. Count shall be more certaine then a Barr and yet sometimes it is good by intendment that is if Common reason do not imply contrary to the Count it is good by intendment DEbt upon obligation without date yet the Plaintiff ought to count when it was made But otherwise it is if the Defendant plead an Acquittance without date 3 H. 4. f. 5. 6 Ed. 4. f. 11. Debt or annuity without date the same 5 H. 7.24 B. of annuity Quare impedit If the Plaintiff counts that foure persons were seised of a Mannour to which the Advowson is appendant whose Estate he hath it is not good without counting how he hath it otherwise it is in Barr 2 H 6. fol. 10. Action upon the case of borrowing a Horse to ride to York and counts that he rode him further he ought to count in what County York is 21 Ed 4. fol 79 b Debt and counts that if the Defendant make voluntary wast
intent where such intent is not indifferent but is such intent which hath more stronger presumption then any other intent hath 3 Edw. 2. tit Escheat 8. And counts that his Tenant committed Felony by which hee was attaint and the Count was challenged for that that he doth not say for what Felony and yet good for it is not materiall for what Felony it was Generall Issue TRespasse upon the Statute of Richard the Defendant pleads his free-hold and it is not generall Issue in this but it is good in Trespasse Ravishment not guilty is the generall Issue and in maintenance not culpable 2 Ed. 4. fol. 6. Action upon the Statute of Liveries sayd that not guilty is no plea but that he gave not the Liveries is good and in Maintenance saith that not guilty is no Plea but that he did not maintaine yet inquire 8 H. 6. f. 36. b. Debt upon a matter of Record he oweth him nothing is no Plea but in Maintenance not guilty or he did not maintaine is good and in forging of Deeds not guilty is good 12 H. 7. fol. 14. Debt for Scavage held where the action is grounded upon a Statute and upon a matter in Deed he owes him nothing is a good Plea 21 H. 7.14 Forcible entry not guilty is good 14 H. 6. fol. 16. Eitzh 249. D. Trespasse of Goods taken the Defendant saith that the property of these was to J. S. which gave them to him without that that he tooke Goods of the Plaintiffe and this amounts to not guilty and by the Court adjudged that nothing shall be entred but not guilty and shall give that matter in evidence 9 H. 6. fol. 11. Assise the Tenant cannot plead Feoffment of the Plaintiff made to him for that amounts to a general Issue and the general Issue no wrong shall be entered 2 H. 4. f. 20 43 Book of Ass 41 Praemunire of that that the Defendant drawes him out of the Realm in Plea whereof Conusance to the King belongs the Defendant saith that he was Executor to J. S. and sued in Court of Audience to prove the Will and for that he could not have Right there he appealed to Rome and nothing shall be entered but the general Issue 2 R. 3. f. 18 Trespasse of Goods for the Defendant to say that the place is his Free-hold and he took them doing Damage it is no Plea but he ought to tell the certainty of the Land but of Trespasse in Land his Free-hold is good 5 H. 7. f. 28 B. See Brook Title General Issue Pleas uncertain Where it is uncertain in place and where not TRespasse for that that the Defendant holds Land of him in Reseleigh by reason of which he ought to scowre Ditches and for that he doth not shew where those Ditches are it is not good 46 Ed. 3. f. 8 Trespasse it is a good Plea to plead that there was an Arbitrement that he should pay ten pounds which he hath paid without saying where he hath paid it 8 H. 6. fol. 74 If Surrender or Attornement be pleaded which is matter in deed traversable it ought to be shewed where it was made 18 Ed. 4. f. 16. B. Where one avowes upon a Grant of a Rent-charge made to him and that one attorned he ought to shew in what place 2 R. 3. f. 13 Annuity the Defendant saith that he tendered that to him and for that he doth not shew where it is not good for it is matter in deed issuable which ought to be shewed certain 9 H. 6. f. 16 Held if one plead Arbitrement in Barr he ought to shew where the Submission was made 9 H 6. f. 50 Decies tantum for imbracing and for that he doth not shew where it is not good 37 H. 6 f 31 1 R. 3. f. 1 Presentment in the Sheriffs Turn that A. Abbot of D. had a Tann-house and had tanned Leather insufficiently and that he had sold and uttered the same Leather contrary to the Statute and for that he doth not shew in what place it was sold and uttered it is not good for there is no place upon which the View shall be and that is material 3 Ed. 4. fol. 30 Trespasse Defendant pleads Lease for years and ought to shew where it was made for it is traversable 5 H. 7. f. 3 Presentment that an Abbot and his Successors use to cleanse a Gutter by the high-way by reason of the Tenure of some of their Land and this is issuable for that it ought to be alleadged where the Land is Where one avowes for Rent-charge granted to him by Deed he ought to shew in what County and where it was granted 5 E. 4. f. 11 If one plead a Lease made to him for years he ought to shew where it was made 5 H. 7. f. 24 3 E. 4. fo 27. B. 18 E. 4. f. the same False Imprisonment if the Defendant justifie the Arrest by Precept he ought to shew where the Precept was made 14 H. 8. f. 18 21 H. 7. f. 73 the same Where the Defendant pleads that J. S. hath Goods in divers Dioces and the Administration belong to the Metropolitan if he do not shew in what Town the Goods are it is not good 10 H. 7. f. 16. Debt upon Arrerages of Annuity granted to him till he were promoted to a Benefice to plead that he took a Wife is not good if he do not shew where for it is traversable 35 H. 6. f. 50 Where the thing is issuable it ought to be shewed in what place it was INformation of Liveries the Plaintiff ought to count where the Cloth was given that is at D. 5 H. 7. f. 18 12 E. 4. f. 11 Trespasse Defendant saith that the place where c. is the Free-hold of J. S. and that he by his commandement entered he ought to shew where the commandement was given but if he iustifie as a Servant and by his commandement he need not shew where the commandement was 35 H. 6. fol. 59 Debt upon Arrerages of Annuity Defendant saith it was granted to the Plaintiff till he was promoted to a Benefice and saith that he was promoted to a Benefice and ought to shew where for it is issuable Uncertain for Year or Day TRespasse the Defendant iustifies that be entered as Lord for that that the Tenant aliened in Mortmain and for that he doth not shew what Day and Year it is not good 7 H. 7. f. 5 Qnare impedit the Defendant saith that the next Avoidance was granted to J.S. which died intestate and the Ordinary sequestred and for that that it is not what year he granted it is not good 9 H. 7. f. 23. Trespasse of Goods to plead that in London is a Market every day but Sunday and that he bought them on Friday this is good without shewing what year for the year is not material by Choke 12 Ed. 4. f. 1. Assise if the Tenant plead that one Plaintiff died after the last continuance
iustifie by command of him to whose use he ought to say that at the time of the commandement they were seised to the use c. the same Law if one plead a Lease and Release he ought to say that he was possessed at the time of the Release made 10 H. 7. f. 26. 7 H. 7 f. 3. the same That which is Issuable ought to be pleaded certainly ONe avows for that that the Plaintiffe held of him by a Knights Fee and this is not good for that he doth not shew by what Knights Fee 12 H. 8. fol. 13. 3 H. 7. f. 2. One traverses the Office found after the death of the Lord Greystock the Kings Tenant which was found that he died seised and he said that the Dean of York recovered against the Lord G. in a Writ of Right long before the finding of the Office and it may be he recovered against him long before the finding the office and it might be after the death of the Lord Greystock and for that it is not good for it is uncertain So if one plead that he entred for that that his Tenant aliened in Mortmain he ought to shew that he entered within the year otherwise it is not good 26 H. 8. fol. 2. Debt upon Obligation indorsed with condition if he make an Estate as it shall be devised by the Plaintiffe Defendant saith that he hath made an Estate and it is not good without shewing what Estate 1 H. 7. fol. 13. One comes to reverse an Outlawry of Felonie and pleads that he was in the Castle of Oxford at the time of the Outlawry published and for that he doth not shew in what County the Castle is nor under whose custody it is uncertain and not good for these are Issuable 2 H. 7. f. 6. Dower against the Heire he saith that he was ready to render Dower if she would deliver to him the Writings concerning his Land and for that he doth not shew what Writings incertain it is nor good for it is Issuable Affirmative and Negative Issue shall be upon the Affirmative and Negative and it shall not be answered by Argument DEbt against the Administrators of J.S. Defendant saith that J. S. made him Executor Judgement of the VVrit he shall say without that that he died intestate for this is alledged by the Plaintiffe 9 H. 6. fol. 7. 11 H. 4. fol. 88 Trespasse of taking six beasts the Defendant iustifies the taking of them by agreement the Plaintiffe saith they were other six and ought to traverse without that that he took those six in the Negative 11 H. 6. f. 1. VVrit upon the Statute of Labourers and counts that the Defendant was a Vagrant and he required him to serve and he refused Defendant saith that he was in the Service of J. S. and shall say without that that he was a Vagrant 1 H. 6. f. 15. Formedon in Reverter and counts of a gift in Tail the Defendant saith that the Donor gave in Fee and it is not good but he shall say without that that he gave in Tail 10 H. 6. f. 7. Account for the Heire against a VVoman Guardian in Socage Defendant saith that the father of the Insant held of her in Knights Service and died and Defendant seised him and he ought to say without that that he held by Knights Service 14 H. 8. fol. 4. The Avowant saith that W. the tenth day of February year twenty five granted his Interest to him and avowed doing damage Plaintiffe saith that W. the first day of Feb. year twenty five granted his Interest to him and he put in his beasts without that that he granted that to the Avowant before he granted that to him and good 38 H. 6. f. 17. Action upon the Case of that that he hath Leet and Fines and Amerciaments of the same Defendant saith true it is that the Plaintiffe hath Leet but that he the Defendant hath Fines and Amerciaments he ought to say without that that the Plaintiffe hath the Fâ—nes and Amerciaments 18 H. 6. f. 8. Debt upon an Obligation dated the twentieth of Aprill and first delivered the second of May the Defendant pleads Release the last day of April and that the Obligation was delivered when it bore date and for that that he hath not traversed in the Negative that is to say without that that it was first delivered the second day of May it is not good 32 H. 6. f. 4. Debt and Counts of a Lease of a House rendering twenty shillings Defendant saith that he let the House and four Acres rendering twenty shillings and ought to traverse otherwise it is but an Answer by Argument 32 H. 8. f. 8. Debt against Executors Defendant saith that the Testator died intestate that the Administration was granted to him he ought to say without that that he is Executor or administred as Executor 1 H. 7. f. 13. Debt upon a simple Contract Defendant saith it was upon Condition and shall say without that that he sold in manner and form 4 H. 7. f. 9. Partition Defendant saith that he was onely seised and shall say without that that he held as undivided 6 H. 7. f. 5. 4 H. 6. fol. 4. Debt against J. S. of D. Defendant saith that he is dwelling at S. and shall say and not at D. 19 H. 6. f. 1. the same 7 Ed. 4. f. 16. Scire facias against a Parson for Arrerages of an Annuity Defendant saith that before the Writ purchased he resigned to the Bishop of L. and so that remaines in his hands Judgement of the Writ and it is no Plea for it is but an Answer by Argument and for that he shall say without that that he was Parson day of the Writ purchased or afterwards 11 Ed. 4. fol. 4. Action upon the Statute of Rich. by J. Freestone Defendant saith that the Master of the Colledge of Maidstone and his fellow-brethren let c. Plaintiff saith at the time of the making of the Lease there were not any fellow-brethren of the said Colledge and this is but an Argument and for that he shall say without that that the Master and his fellow-brethren let 14 H. 8. f. 29. Issue shall be upon Affirmative and Negative 9 H. 7. fol. 13. Trespasse Defendant justifies for Fealty not made the Plaintiff saith it was not unmade and good in the Negative Material Let us see what things are material in pleading Evidence and Verdict and otherwise and what not ACtion upon the Case in London and counts that he was possessed of Wine and Stuff and shews that certain in such a Ship and the Defendant at London assumed for ten pounds that if the Ship and Goods did not come safe to London and are put upon the Land there that then he shall satisfie one hundred pounds to the Plaintiff and counts that aftewards the Ship was â—obbed upon the Trade in the Sea and for not satisfying Action did accrue and though that the Plaintiff doth not shew where
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
solvat where it should be Reddat it shall abate 22 Ed. 4. f. 21. Debt upon the Statute of Farms against a Preist the Writ shall not be quod reddat to the Plaintiffe the sum so much but it shall be quod reddat as well to us as to the Plaintiffe otherwise the Writ shall abate for it is not according to the Presidents 27 H. 8. f. 23. Two Infants alien in Fee and one dies the other shall have dum fuit infra Atatem of the whoâ—e supposing that he himself aliened the whole for that there is no other Ferm of the Writ 21 Ed. 3. f. 50. If Tenements be let to one man for Term of half a year or for a quarter of a year In such Case if the Leffee make Waste the Lessor shall have a Writ of Waste and the Writ shall be which he holds for Term of years for that there is no other Form of the VVrit but he shall have a speciall Count Litileton f. 14. So the VVrit of VVaste is that he made VVaste and yet may count of many VVastes for that that there is no other Form and President of a VVrit 4. H. 6. f. 11. Trespasse why with force and arms his goods and chattells to the value c. where it is of dead things and if he counts of Horses or Kine where the VVrit is goods and chattells it shall abate for that that the Form is otherwise and if the VVrit be of things living he shall make metion of that in his VVrit that is to say by force and armâ— four Tenches or four Pikes he took or shall say he took his beasts and where it is a Horse it shall be he took his Horse or he took his Cow 2â— H. 6. f. 39. Trespasse if the VVrit be that he took his goods and Chattells and counts of ten pounds in money the VVrit shall abaâ—e for of money the VVrit is that he took so many pencâ— and that is the Form 39 Ed. 3. f. 23. Trespasse by the Husband and VVife The VVrit was he broke the Close of the VVife and the graffe thereof the said VVifes did â—atdown and the Declaration was whilest she was unmarried and the VVrit was awarded good for the Register is accordingly 21 H. 6. f. 30. Trespasse by the Husband and Wife why by force and armes he took his Goods and Chattels and counts that the Trespasse was when she was unmarried the Writ shall abate because he may have a Writ of Forme that is the Goods and Chattels of the said Wife and not his Goods and Chattels 7. H. 7. f. 2. Where Battery is made to a Woman unmarried which takes a Husband they shall have an Action that he struck D. his Wife whilest she was unmarried 22 Book of Ass 87. But where an unmarried Woman beaâ—s another and after she takes a Husband the Writ shall be that they both made the Battery and this is the Form A Woman diffeises one and after takes a Husband the Writ against them shall be that they disseised the Plaintiff and not that the Wife whilest she was unmarried disseised him but if the Woman unmarried be disseised and after takes a Husband and they bring an Assise in shall be disseised her whilest she was unmarried 4 Ed. 4. Br. Tit. Falfe Latine 1. What is the same Where in a Trespass or Action of that nature one justifieâ—â—â— Wrong where he ought to conclude that it is the same and where not ACtion upon the Case for threatning his Tenants at will by which they left the it holdings the Defendant saith that the Plaintiff disseised him and that he shid to him of he would not depart he would sue him aâ— the Law would which is the same threatning and it is good 9. H. 7. f. 7. 16 Ed. 4. f. 7. 28 H. 6. fol. 4. Defendant in Trespasse justifies for that that he and his Ancestors Tenant of such a House and Land have had a way in the place where c. to the Market and Church of D. time out of minde by which they used the way which is the said Prospasse c. 21 H. 6. fol 5. False Imprisonment Defendant justifies for that the Plaintiff was arrested by a Justice of Peace his Warrant and carried to him being Goaler which is the same Imprisonment False Imprisonment against an Abbot which justifies that he gave counsel to J. S. being in fear of his life to go to a justice of Peace for a Warrant of the Peace against the Plaintiff and that by vertue of a Warrant of the Peace so had the Plaintiff was arrested which is the same Imprisonment and this he cannot say for this is not Impâ—â—sonment by the Defendant and for that the general Issue was entered 12 H. 7. f. 14. False Imprisonment by a Woman the Defendant saith that she is carâ—ied to Southwark by her consent which is the same Imprisonment upon which the Plaintiff counts and it is no Plea for Imprisonment is against the will of one and that is not so 14 H. 6. f. 2. Trespasse of Assault Battery and wounding the Defendant saith that he laid his hands upon the Plaintiff peaceably and arrest the Plaintiff the same day and place by a Warrant which is the same Assault Battery and wounding and held it is no Plea for the reason aforesaid 21 H. 7. f. 49. Trespasse of a Close broken such a day the Defendant justifies that the Plaintiff licensed him the same day to enter and need not say that it is the same Trespasse for that it is the same day but if he justifie at another day â—â—at another place then he must say that it is the same Trespasse 21 H. 7. f. 39. The same Law is of Goods carried out if the Defendant justifie at the same day and place and so in â—â—â—pâ—sse of Battery if the Defendant â—â—stifie for thâ—â— the 〈◊〉 day and place the Plaintiff made Assault on him 〈…〉 he had was of his own Assault he need not in these Cases to say it was the samâ— Trespasse But in Trespasse of Goods taken the first year c. the Defendant pleads all the Record and saith that one J. S. recovered and that year the ninth by vertue of a Precept to make Execution he took them which is the faine taking upon which the Plaintiff c. and this is not good for it cannot be the same 12 H. 6. f. 3. by Coâ—esmore False Imprisonment the Defendant iustifies as Sherif that he arrested the Plaintif by a Capias and it is good if he shy that is the same Trespasse and otherwise it is not goodâ— 22 Ed. 4. Br. False Imprisonment 29. False Imprisonment the Defendant saith that he took the Plaintif from Jack Cade and other Rebells and delivered him to the Mayor for his safeguard which is the same Imprisonment and that is good for that was the Imprisonment but iustifiable 35 H. 6. f. 53. Conspiracy the Defendant iustifies for that that he 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
paid that he should have all the remainder and saith that such and such are paid which are all the Defendant saith that such a Legacy was not paid without that that the Plaintif alleadgeth were all and he ought to traverse for that that it is a matter in deed Trespasse of Trees cut the Defendant pleads that J. S. was seised of an Acre whereof the Trespasse is parcell in Fee and let to him at will and that he by his commandement cut the said Trees and demands Judgement if Action and this is no Plea without Traverse that is without that that it is the Soil of the Plaintif 5 H. 5. fol. 8. Trespasse the Defendant conveys that his Father was seised in Fee and that descended to him the Plaintif pleads that J. D. infeoffed him and ought to traverse without that that the Father of the Defendant was seised in Fee 27 H. 8. f. 9. Trespasse the Defendant pleads that the place where c. was his Free-hold the Plaintif saith that J. S. was seised in Fee and let to him at will and that the Defendant outed him and disseised J. S. and that the Plaintif at the command of J. S. re-entered and the Trespasse mean between the re-entry and the disseisin and the Defendant maintains his Barr and he ought to traverse the Lease for that is most material 11 Ed. 4. f. 3. Trespasse the most material matter shall be traversed and for that if a Gift in Tail and dying seised be pleaded in Barr in Trespasse the Gift is traversable and not the dying seised so in Trespasse if the Defendant saith that a stranger was seised and infeoffed the Father of the Defendant and that his father died seised and that the Defendant entered as Sonne and Heire nothing is traversable but the last dying seised for that is the effect of his Barr by Neale 15 Ed. 4. f. 2. Trespasse The Defendant saith that I was seised and protesting died seised and conveyed the discent to the Defendant the Plaintiffe saith that M. enfeoffed him by force of which he was seised till the Defendant made a Trespasse and the Defendant saith as above without that that the Plaintiffe was seised at the time of the Trespasse but it is not good for he ought to traverse and to say without that that M. enfeoffed him for that is the effect of the Replication 19 H. 8. f. 7. Trespasse the Defendant pleads his Freehold the Plaintiffe saith that the Defendant let to A. for years which granted his estate to B. which granted to him the Defendant maintained his Barr without that that B. granted to the Plaintiffe and is not good for he conveys from the Defendant himself and that is traversable and saith without that that the Defendant let to A. But where an estate is conveyed all by strangers he may traverse one conveyance or other 10 H. 7. f. 8. Assise the Defendant pleads Barr and the Plaintiffe makes Title by a gift in Tail to his father and dying seised of his father the gift is traversable but if it be by Feoffement of J. S. to his father and dying seised of his Father the dying seised is traversable 9 H. 6.22 and 10 H. 4.1 accordingly Mesne and counts that he held a hundred Acres by Fealty of the Defendant and he over c. the Defendant saith that the Plaintiffe held of him by Homage and Fealty and ought to traverse the acquittal not the Tenure 2 H. 5. f. 2. Trespasse of close broken the Defendant faith that J. S. and J. D. were seised in Fee that J. S. enfeoffed the Ancestor of the Plaintiffe and J. D. enfeoffed the Defendant and so they hold as undivided and the Plaintiffe saith that his Ancestor died sole seised of all and this descended to him without that he held as undivided and it is no Plea but he ought to traverse the Feoffement made by J.D. to the Defendant for the Plea is as good without So and for that in this Case that which comes after the So is not materiall but whre it is materiall it is traversable and for that by Choke Debt upon an Obligation the Defendant saith that he was a lay man and not learned and this Writing was read to him in place of an Acquittance and so this Obligation is not his Deed now this which cometh after the So is materiall 32 H. 6. f. 16. Tit. Issue 9. Debt upon a Lease of four Acres for four pounds of Rent the Defendant demands Judgement of the Count for that that the Plaintiffe let the four Acres and a Rectorie for the four pounds and ought to traverse without that that he let the four Acres onely c. 35 H. 6. f. 38. and 18 Ed. 4. fol. 17. One avowes for that that the Plaintiffe held an Acre of him by twelve pence the Plaintif saith that he held the same Acre and another by six pence without that that he held of him by the same Services onely and it is not good but he shall say without that that he held the said Acres in Manner and Form 13 H. 7.25 One avows for that that he held two acres by twenty shillings of him the Plaintif saith that he held the two Acres and two others in the same Town by the Services of twelve shillings without that that he held the two Acres onely by the Services of twenty shillings in Manner and Form as c. this seems good 8 H. 7. f. 5. Where one justifies at another day then the Plaintiffe alledges and ought to traverse onely before the day of his iustification and where before and after where onely after TRespasse against the Sherif of a Cow taken the Desendant justifies at the day after by a Precept he attached the Cow and took her with him without that that he is guilty before that Precept to him directed and this seems good 9 H. 7. f. 6. Trespasse of imprisonment second day of May the fourth year the Defendant iustifies the fourth day of August Anno fourth aforesaid by force of a Warrant of the Peace c. which is the same Imprisonment without that that he is guilty before that day and it is doubted if he ought to traverse before and after and there it seems if one plead his Freehold such a day after without that that he was guilty before it seems good 5 Ed. 4. fol 12. Trespas in Wood 1. day of August the Defendant justifies by prescription to have yeerly twenty cart load there betwixt Michaelmasse and Christmas and that such a day in November he took them without that that he is guilty before Michaelmasse and after Christmasse and good And the Plaintiffe saith that he knowledgeth the day that he counted and traverseth the prescription and good notwithstanding he doth not maintain the day that he traverseth for it is in the election of the Plaintiffe to maintain the traverse of the time or to traverse the speciall matter as in trespas Anno 7. The Defendant
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
Writ is awarded good he may afterwards plead in barr 6 Book of Ass 1. Infant in Assise pleads Ontlawry of Felony in Barr and at another day was suffered to plead Release of the Plaintiffe in Barr 14 Ass 15. Assise the Tenant pleads in Barr and the Plaintiffe joynes Issue and the Court doe not take the Assise the same day and the next day the Tenant cannot change his Plea 11 H. 4. fol. 2. b. Where the Tenant pleads to the Assise by a Bailiffe if his Master have a Release or a Writing of which the Jury cannot have notice then if the Assise passe against the Bailiffe yet the Master shall have Certificate upon this Writing the same Law is if the Verdict be not well examined by the Justices and see more there Fitzherbart fol. 181. b. The Tenant pleads in Barr a Deed of the Ancester of the Plaintiffe with warranty and the Plaintiffe makes Title and afterwards he cannot plead in abatement that the Lands were in another Towne for that that the Assise was awarded 10 Edw. 3. tit 157. and 1 Ass 17. The Tenant pleads in Barr and the next day pleads by a Bailiff to the Assise and may for that the Assise was not awarded Abridg. As f. 47. Where the Assise was awarded upon the Plea of the Bailiff at another day after the Tenant comes and pleads Release and hath it for that he may have Certificate Abridgment As fol. 138. The Tenant may relinquish his Barr and plead the generall Issue otherwise it is in Cosenage Grand-Father and great Grand-Father but he cannot plead a new Barr 40 Ed. 3. fol. 49. Ass Assise the Tenant pleads in Barr the Deed of the Ancester of the Plaintiff with warranty and the Plaintiff makes Title and after the Tenant waives the Barr and pleads in abatement that the Lands are in another Town and cannot 1 Book of Assises 17. Assise If a Plea be pleaded and the Justices dye all shall be pleaded a new but if they are at Issue they shall stand 4 H. 7. fol. 7. Where in 〈◊〉 Assise a man shall have diverse Pleas to the writ and conclude over no wrong no Disseisin and where not NOte that the party himself or his Bailiff may have diverse Pleas where one is not contrary to the other concluding over no wrong as if he plead mis-naming of the Plaintiff if it be not found no Tenant of the Free-hold named in the Writ and if it be found no such Town and such like and notwithstanding and if it be not found no wrong for one is not contrary to the other but if he will say that the Tenements are in another Town and if it be not found no Tenant of the Free-hold named in the Writ and if it be not found no wrong these Pleas he shall not have for he shall not plead no Tenant of the Freehold named in the Writ c. And after say the Tenements are in another Town Note though the book at large be if it be found leaving out this word Ne yet the book of Entryes is if it be not found and so it seems in reason that it shall be as above if it be not found c. 36 H. 6. fol. 1. Where one pleads to a Writ and also in Barr what Barr is that which doth not go to the point of Assise scilicet no wrong but it is a Barr out of the point of Assise in such a case he shall not have both the Pleas for by such Barr the Plea to the Writ is waived as in an Assise of Rent the Tenant pleads wrong naming of himself and if it be not found out of his Foe he shall not have these two Pleas 3 Ed. 3.15 Tit. 172. Tit. 223. It seems if the Tenant plead in abatement of the Writ he shall not plead over to the Assise if his Plea to the Writ be not triable by the Assise 22 Book of Assises 14. In an Assise of Rent the Bailiff pleads mis-naming of the Town and if found not so c. That another is Tenant of the Rent not named for this is not contrary and it seems that in an Assise of Rent the Tenant of the Land may say that the Land whereout c. is in another Town and if found it be not that he hath a taker of the Rent not named contrary it is in an Assise of Land 15 Ed. 3. Tit. 55. In Assise by a Master and his Brethren of the fraternity of nine orders of Angells in he County Middlesex Defendant plead no such corporation by this name in this County and if it be not found not wrong he shall not have them both for the first Plea is in Barr and shall not have Barr and generall Issue 22 Ed. 4 fol. 34. Assise of Lands in Woxbridge the Tenant pleads that they are in Collam and not in Woxbridge and if it be not found no wrong and he hath 11 H. 4. fol. 2. b. It is said that in an Assise the Tenant or his Bailiff may plead tewnty severall matters in abatement or to an Assise and conclude if it be not found c. and is good 1 Ed. 4. fol. 4. and 8 H. 6. fol. 9. Where the Assise shall be awarded at large that is to say in point of Assise that is to say to inquire of Seisin and Disseisin and where in Right of Dammages and where not ASsise the Tenant pleads in abatement that the Plaintiff hath received the Land of him hanging the Assise and that he hath let to him for yeares again and the Plaintiff saith that he hath continued his Estate which he had by Disseisin without that that any Estate present of him he take and the Assise was charged upon the point and over upon the Seisin and Disseisin 10 book of Assises 24. If the Tenant plead in Barr and the Plaintiff makes title and the Tenant doth not traverse that the Assise shall be awarded at large 45 Ed. 3. fol. 24. Where there is a good Barr pleaded and an outing is confessed and the Barr is traversed or if the Plaintiff make Title and that is found for the Plaintiff or if there be an ill Barr pleaded that the Plaintiff need not answer but say come the Assise upon the Title and it is found for the Plaintif in all these cases the Plaintif shall have judgment without inquiring of Seisin and Disseisin 6 H. 7. fol. 2. Where the Plaintiff makes Title at large without answering to the Barr and the Tenant do not traverse this Title he shall not answer to that as that confessed and avoided or without saying let the Assise come upon the Title but let the Assise run without any thing saying to the Title there the Assise shall be taken at large and not upon the Title as in the Assise the Plaintif makes Title at large and in the end saith and this he is ready to aver by Assise and the foresaid tenant likewise the Assise shall be taken at large the reason
tenant praies the Assise upon the title and upon that the Assise is awarded the Assise cannot finde other title for the Plaintiff but he may finde matter which may stand with the same title to inforce it but if the title be traversed he cannot finde another title but only the point put in the Assise 28 book of Assises 17. An Act of Parliament Fine or Recovery are of such a force that if one be bound by them the Plaintif cannot make title to this Land unlesse by reason of a title to him grown of later times As if one recovers against me or my Ancestor and hath execution and after Lenten and dye seised my Heire shall not make him title by his discent against the Recovery without shewing he hath title after the recovery the same Law of a Fine see 10 H. 7. fol. 5.32 H. 6.5 and 33 book of Assises fol. 19. Pleas in Barr and in Abatement IT seems a feoffment of the Plaintif is no Plea in Barr for that amounts to no wrong nor Desseisin 2 H. 4. fol. 20. the same 15 Ed. 4. fol. 11. 18 Ed. 4. fol. 11. A Lease for yeares or for life the reversion to the Plaintif or a feoffment of the Plaintif with warranty and rely upon the warranty is a good Barâ— Abridgment of Ass fol. 31. The tenant may plead that partition was made between the Plaintif and J. S. whose Estate he hath and it is a good Barr. 30 H. 6. fol. 1. Assise the tenant saith that the Lands put in view and in plaint are in another Town and if it be found no tenant of the Free-hold named in the VVrit c. By the Court he shall not have the second Plea for none may say that the Land is in another town but the tenant and so hath accepted the tenancy by his Plea 30 H. 6. fol. 7. Assise the tenant saith that T. B. was seised and disseised by W. W. to whom T. B. made release and against his own Deed disseised W.W. and infeoffed five persons which infeoffed the Plaintif upon which W. W. re-entred whose Estate the tenant seised hath it is good see Pleas in Barr Tit. Abridg. Ass fol. 30. Abridgement Assise fol. 41. If the Plaintiffe choose one to be his tenant of all where he is not the Writ shall abate Abridgement of Assise fol. 42. A man cannot plead in Assise that there is another hanging to which he hath appeared unless that he take the tenancy upon him and for that it is no Plea for the Disseisor Bridgement Ass 44. Death of one of the tenants shall not abate the Assise but for the portion if he be a Disseâ—sor and tenant of another parcell 27 Ass 45.40 Ass 15. Abridgement Ass fol. 43. Assise of tenements in D. and S. the tenant sayes that all is in S. if that be so the Writ shall abate for he cannot abridge a whole Towne but see now by the Statute of 21 H. 8. chap. 3. where he may abridge Abridgement of Ass fol. 45. Assise of Lands in D. is no Plea if there be two Dales for that the Plaintiff shall recover by the view of the Jury 29 Ass 59. Abridgement of Ass 106. Assise tenant pleads in Barr and after the Jury hath the view he leaves his Barr and pleads to the Assise Plaint in Assise PLaint of profits of an Office though it hath no form it shall not abate as first it ought to suppose disseisin and after shall make title and though it were not so it shall not abate 12 H. 6. fol. 22. Plaint of a Croft is good but Precipe of a Croft is not good Abridgment of Assise fol 130. b. and 8 Hen. 6. fol. 3. Time of Ed. 6. Brook tit False Latine and forme 66. Wood was put before Pasture in a Plaint of Assise and exception thereof taken yet good though it were contrary to the Register by the Commentaries fol. 169. Plaint of a Croft and was amended 14 Ass 13. and 25 Ed. 3. tit 25. the same Brook demand 17.34 Plaint of a peice of Land containing in length twenty feet and in breadth ten and is good 14 Ass 13. and 9 H. 4. fol. 3. the same Plaint by the Governour of an Hospitall it shall be of a House and not of an Hospitall 8 Ass 29 and Assise 137. Plaint of two parts of Salt Coot is good ninth Book Ass 12. Plaint of a Garment or thirty shillings though it be uncertaine for that it is according to the Deed it is good 11 Book of Ass 8. Plaint in Assise of a Garden lyeth but not a Precipe 22 Ed. 3. tit 22. 5 Ed. 2. Brook demand 39. and Fitzh breife 797. Plaint was of a Mill and doth not say a water-Mill nor VVinde-Mill yet good 21 Assise 23. Plaint of a Garment and the specialty is of a Garment with furr and the plaint good for the Garment conteines all 22 Ass 10. Where the Plaintiff may abridge in Assise and in what other Actions he may abridge and how IN a VVrit of ward the VVrit is of the custody of the Land and Heire and is not certain and for that he may abridge as he may in assise and VVrit of Dower 39 Ed. 3. Tit. Breif 10. and 32. In trespasse the VVrit is of Goods and Chattells and hee counts of Corne and ten pounds and for that that Money is not Goods and Chattells he abridged it see 8. Tit. abridgment 11. which saith that he ought to expresse the Money in the VVrit and for that he did not he abridged 39 Ed. 3. Tit. Breife 11. In all cases where the VVrit is of a Free-hold and uncertain he may abridge by June as in assise of Dower and a VVrit of ward 14 H. 6. fol. 4. In ward for that the Demand is not certain but of the custody of the Land and Heire therefore the Plaintif counts of the Mannour of D. and twenty acres and the Defendant saith that the twenty acres are parcell of the Mannor the Plaintif may abridge the twenty acres 39 E. 3 f. 10. Brooks abridgment 10. Assise of Land in great Dunmowe and little D. you cannot abridge all in one Town 8. H. 6. fol. 56. Assise and in Dower he may abridge but he cannot abridge a whole Town 14 H. 6. fol. 4. Assise where a plaint is of a Mannor he cannot abridge for that it is entire 19 H. 6. fol. 13.33 H. 6. Tit. abridgment 2. Assise plaint of Rent and Land after that the Tenant hath pleaded in Barr the Plaintif shall abridge in right of the Land 14 Ass 9. Plaint abridge in attaint Rast Assi 17. 35 H. 6. fol. 13. Assise of Common in forty acres the Plaintif cannot abridge for that that the Common is Intire but at this day it is contrary by the Statute of 31 H. 8. chap. 3.29 Ass 10. Plaintiff in every Assise at his pleasure may abridge and for that also by the Statute may abridge where the plaint is of a Mannor 21 H.
8. chap. 3. After Verdict he cannot abridge IT is said that after Verdict the Plaintiff cannot abridge his Plaint 28 As 38. Dower demanded may abridge after view Edw. 3. fol. 3. Assise they were adjourned upon Title ASsise they were adjourned upon Title and for that that they cannot agree at the day of the Adjournment after the argument Plaintiff abridge and might 10 H. 6. fol. 22. After the Jury in Assise were together in the house before their Verdict came the Plaintiff and abridged and was suffered 33 H. 7. Tit. 6. B. Attornement WHen any Mannour descends to the Lord upon every descent to the Lord it belongeth to the Steward at the first Court to make all the Tenants to make Fealty and also upon every purchase of Mannour to enter the Fealty of every Tenant which holds of that and also to enter their Attornement and Seisin of Services to the end that the Lord may by this means distrain for his Services and the Tenants may hereafter be better known to him and by 28 H. 8. Tit. 40. Attornement may be made by Tenants to the Lord in his Court to the Steward or Purchasor and not to his Servant in absence of the Lord. For that something shall be said of Fealty and where there ought to be Attornement and where not IT is said that the Tenant that hath made Homage to the Father shall not make Homage to the Son for that he hath once made Homage to his Lord but yet he shall make Fealty to the Son though he have made it to the Father but if the Mannour be recovered against the Father which hath taken Homage now he shall make Homage again Littleton fol. 29. If a Mannour be exchanged yet there ought to be Attornement otherwise the Lord cannot distrain for the Arrearages Perkins fol. 47 56 58. If one alien his Mannour by Deed indented of Bargain and Sale and inrolls that according to the Statute that is good without Attornement and the Lord may distrain for his Services and the same Law is of a Reversion so granted Rastall Inrolment 2. but of a Grant by Fine it is otherwise 27 H. 8. chap. 16. 30 H. 8. Tit. Attornement If the King grant Reversion of Lands or grant a Mannour to one and his Heirs or otherwise by his Letters Patents the Patentee may distrain or avow without Attornement and he need no Attornement 34 H. 6. fol. 7. Fitzh fol. 60. J. 6 Ed. 3. Tit. 13. Natura brevium fol. 171. accordingly 12 Ed. 4. fol. 3. Where a Mannour or Reversion is devised by Will in writing that is good and shall passe without Attornement 19 H. 6. fol. 24. Littleton fol. 132. accordingly of Devise where Lands were devisable by Custome 34 H. 6. fol. 7. The Lord may avow upon the Tenant by the Curtesie and in dower and upon him which recovered against his Tenant without Attornement for they are in by Law and need to have no Attornement 36 H. 6. fol. 35. If one have a Mannour delivered in Execution by vertue of a statute Merchant or an Elegit he may avow without Attornement 20 H. 6. fol. 7. Where a Mannour Escheats or the Lord have that as a Perquisite by his Villain he may avow without Attornement Littleton fol. 132. 34 H. 6. fol. 7. accordingly and Fitzh fol. 60. J. If a man have a Common of Pasture to a certain number or a Common of Estovers certain and grants them over these shall passe without Attornement for that they are not to be taken by the hands of Tenants but by the mouths of Beasts and where no attendance nor payment is to be made by the Tenant there the things may passe without Attornement 31 H. 8. Tit. Attornement Where a man lets for forty years and after lets the same Land to another to have the Land from the end of the first Terme for twenty years there need no Attornement and contrary when he grants a Reversion to have the same Reversion at the end of the first Terme for twenty years then next ensuing there ought to be Attornement by Horewood 37 H. 8. Tit. 41. and 1 Ed. 6. Tit. 4. A man lets a House for Life and after grants the Reversion of the said House to have from the Feast of Saint Michael next after the Death of the Tenant for Life for 21 years then next following this is goâ—â— without Attornement for this passeth by to have the House as a Lease and not as a Reversion and also the Tenant for Life is not attendant to him 3 Mary Tit. 69. One lets for twenty years and this Lessee lets that for ten years rendring Rent and after this Lessee for twenty years grants the Reversion of the Terme Rent to a stranger it behoveth that the Lessee for ten years attorne otherwise it is if no Rent be reserved 2 Ed. 6. Tit. 45. If a man lets for ten years and the same Lessee lets that to another for four years the Lessor makes a Feofment to a stranger by sufferance of the second Lessee this is a good Feofment without Attornement of the first Lessee 28 H. S. Tit. Feofments 68. B. Two joint-tenants and one release to the other it is good without Attornement 28 H. 6. Then let us see what is good Attornement and what not WHere a Reversion is granted and the Tenant attorn by a Penny it is good for it an Agreement 8 Book of Assise 25. A man grants four divers Rents and the Tenant attornes by a Penny this is good for them all that is to say for them all to distrain but not for them all to have an Assise for it is not Seisin 22 Book of assise 66. Attornement ought to be made by the Tenant in the life of the Grantor for Attornement after is not good 16 Book of Assises 25. A Lease is made for Life and after the Reversion is granted to one and the Tenant for life surrender to him this is a good attornement 23 As 18. A man seised of two acres or of two Mannours le ts one for years and after makes a Feofment of both and makes Livery of that in Possession yet the other shall passe without attornement 7 Ed. 4. fol. 20. Where a Feofment and Livery is made of a Mannour that one hath in execution by a Statute this Livery is as an attornement if the Tenant by Statute enter again 46 Ed. 3. fol. 30.7 H. 4. Statham 46. the same If a man lets a Mannour for years and after outs the Termor and enfeoffes another and makes Livery and the Termor re-enter it is good without other attornement 5 H. 5. fol. 12. the same 9 H. 6. fol 16. the same Littl. fol. 130. If a Feofment be made and Livery also and do not out the Termor nor he attorne it is not good 5 Book of Ass 1.17 Ass 3.2 Book of Ass 1. the same and 21 H. 7. fol. 7. If my tenant for life lets his Estate to another upon
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
shall have that Fitzh fol. 11. The King shall have yeare day and wast of Lands in ancient Demesne if it be so that the Tenant have sold them against his Lords will and yet not the Lands past by surrender Stam. fol. 50. Note this is where the copy-holders in ancient Demesne have used time out of minde to sue for them by petty Writ of Right close and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit copy-hold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say to hold at the will of the Lord in these copies but to hold according to the custome of the Mannor by the Services before due and is not said there at the Will of the Lord. Ancient Demesne is Socage Tenure for they are called Sokemaines Fitzh 14. C. By what Writ Execution shall be in ancient Demesne and by what not and shall be free of Toll c. EXecution of Writs in ancient Demesne cannot be for that Execution is given by Westm 2. chap. 18. and that the Statute is if they be ejected of those Tenements they have to recover by a VVrit of new Disseisin 22 Book of Ass 45. Upon a Statute Merchant execution was awarded of Lands in ancient Demesne Br. Tit. 37. Debt against Heire if he hath Lands in ancient Demesne they shall be charged as Assets 7 H. 4. fol. 15. Those Tenants of ancient Demesne are quit of Toll and passages for Goods sold and bought in Faires and Markets and to be quit of Taxe and Tallage of Parliament unlesse they be taxed by the Parliament and to be quit of expences of Knights of Parliament and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne Eitzh 14. Court of Pipowders Let us see the nature and authority of Court of Pipowders COurt of Pipowders is a Court of Record and the Steward is Judge for that that there are no Suitors there and for that error lieth there upon erronious judgment given and not a VVrit of false judgment 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there It was held that a Court of Pipowders may be by custome in a City without Faire or Market and therefore where it was assigned for error upon a Record given in a Court of Pipowders according to the custome of the City held c. And though it be not in full Market or Faire it was adiudged no errour 13 Ed. 4. f. 8. Trespasse of Goods taken the Defendant iustifies as Bailif of the Town of Rippon by vertue of a command of execution of a iudgment given against the Plaintif in Debt in Court of the said Faire at Rippon and for that that the Plaintif did not make agreement for the Debt recovered against him within ten daies after iudgment given he makes price of the Goods by Merchants of the Town of Rippon and for that makes agreement with the party and this Justification was good 20 Book of Assise 90. It was enacted that no Steward shall hold Plea in this Court unlesse the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit Faires the fourth In Court of Pipowders the Plaintif or his Attorney shall be examined by Oath if the matter rose within the Faire and the Defendant also may pleade that this arose in a forrain place 1 R. 3. chap. 6. Debt in the common Bench against Mawd and counts that he had recovered ten Markes against the said Mawd in Court of Pipowders at Everwick and the Plaintif by Certiorare removes the Tenor of the Record in the Chancery and from thence by Mittimus into the common Bench to have execution and attachment was made upon the Originall at the ninth houre and he appears and pleaded and a Venire facias went out returnable at the third houre after the ninth and so in Court of Pipowders the processe is from houre to houre 7 H. 6. fol. 19. The book of Entries fol. 167. See there the form of the Count and Precipe of summoning in this Court and the Processe of Capias and proceeding in Debt in this Court and Debt against a Jaylor for escape in Title Debt The book of Entries fol. 18. See Scire facias to have execution upon iudgment given in a Court of Pipowders in an action of account brought there and removed into the common Bench to have execution of that iudgment And it seems breifly that nothing shall be sued here unlesse the contract or deed were made within the Precinct of the Faire or Market as it appeares above and for that Informations of penall Statutes ought not to be sued in this Court of things and Offences made out of Faires and Markets as insufficient tanned Leather carryed to be sold in Faires against the Statutes also this Court is ordained only for hasty redresse of things there during the Faire Court of Marshalsey FIRST In the booke called the Diversity of Courts fol. 110. It is said that the Court called the Marshelsey is an ancient Court of Record and made to have good government and order within the Kings House for preservation of the King and his Servants and to this Court are certaine bounds limited by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there within the Verge limited to his Graces Court that it shall not passe the space of twelve Miles to be accounted from his Lodging Fitzh 141. B. And in diversity of Courts it is said that this Court hath power to inquire of Treason Murder and Felony and to take appeales of them and also of Maymes if they be made within the Verge and between persons of the Kings House And said there also that if one of the House of the King sue another which is not of the House he shall plead to the Jurisdiction of the Court and if they will not this exception allow he shall have a VVrit of Errour and that shall be reversed in the Kings Bench Fitzh 242. A. Seek in trespasse And the Judges in this Court are the Steward and Marshall of the Kings House for in these is the order of the Kings House Note that by the Statute Articuli super chartas c. 3. that the Steward and the Marshall shall hold no Plea of Freehold nor of Debt Covenant nor of any bargain made between any of the Kings People but only of trespas made within the Kings House or other trespasse made within the Verge and of Contracts and Covenants which one of the Kings House made with another in the same House and not otherwhere And they shall plead no Plea of trespasse except the parties were arrested by them before the King departed the Verge where the trespasse was committed and
23 H. 8. chap. 15. If any be troubled by attachment or arrested by Latitat or in London or in a Court which hath liberty to hold Plea and no Count be put in within three daies after the Baile put in otherwise appeares unlesse the Court of discretion gives longer day the Defendant shall recover costs and dammages the same Law is if a Suite be discontinued after Count or that the Plaintiff be non-suited then the Defendant forthwith by discretion of the Court shall recover costs and the Statute gives Debt for the costs 8 Eliz. Chap. 2. But one arrested by Bill of Middlesex shall not recover costs though the Plaintiff do not count to be nonsuited If a matter passe against an Informer by Verdict or Judgment the party shall have costs and shall have execution by a Capias to satisfie fieri facias or Elegit but these two last Statutes do not extend to a Court-Baron 18 Eliz. C. 5. 22 H. 8. B. Tit. Costs 25. in quare impedit the Plaintiff shall not recover costs for that the dammages are great 35 H. 8. Tit. 258. 2 Ma. Tit. Costs 23. Debt by Lessor if he be non-suted or bar'd the Defendant shall recover costs by the Statute for it is upon a contract for Rent 2 H. 7. f. 13. Account the Plaintiff shall not recover costs but where the Defendant is adjudged to account and pleads Barr c. It is otherwise 9 H. 6. fol. 66. He shall not recover costs for that the dammages are tremble by the Statute 14 H. 6. fol. 13. forcible entry the same In London by act of common Councell in trespasse by force of Armes and in all other Actions personalls if the Plaintiff be non-suited or a Verdict against him and Judgment upon it or Judgement upon demur against him the Defendant shall recover his costs by discretion of the Court but if the Plaintiff sue as Executor or Administrator which is not upon his own act the Defendant there shall not recover costs and yet trespasse by force of Armes is not within the Statute 23 H. 8. chap. 14. to have costs Damages IT seems if one take my Beasts and after they return to me again I shall have trespasse for taking but upon the evidence I shall not recover the value though the value be in the Writ 11 H. 4. fol. 23. 1 H. 6. fol. 8. 19 H. 6. fol. 34. In what plaints Damages shall be recovered in Court-Barons and in what cases in Court-Barons and other Courts and in what not In plaint in nature of Assise of novell disseisin Grandfather and Great Grandfather Entry by disseisin Dower Nuper obiit Mortdancester Cozenage Replegiare Covenant Debt Action upon the Case Deceit and trespasse Damages and costs shall be recovered by the Plaintiffe Eight Marks were given in plaint of Land in Court-Baron Plowdens Commentaries f. 394. B. If any avow for Rent or doing damage custome or service if the Plaintiffe be non-suited or otherwise barred then the Avowant shall recover damages and costs as the Plaintiffe ought See 19 H. 8. fol. 8. 12 H. 8. chap. 19. Rast tit Avowry 1. Discent THen for that that the second Article is to inquire who is Tenant and what advantage the Lord shall have by the death of his Tenant It behoveth to know who is in by discent to be your Tenant that you may know of whom to have releife and who to be in Ward and who not and who shall be sayd in by discent and where by purchase and where hee shall not be in by discent Gift to one in taile remainder to the right heires of J. S. which was dead T. S. hath that as right heire and is in by purchase and shall not pay releife nor be in ward 40 Ed. 3.9 32 Ed. 3. Fitzh Discent 8. Lord and Tenant the Tenant aliens in Mortmain and the Alience is disseised and the Disseisor dyeth seised his Heire is in by discent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action but contrary of him that hath right of entry and may have action 1 Ed. 6. Tit. Mortmaine 6. Bro. Lease for life the remainder to the right Heires of J.S. the Tenant for life dies living J.S. the remainder is void and J.S. nor his Heires shall not be said in by discent to pay releife nor otherwise shall have the Land as purchasor 9 H. 6. f. 24. Perkins f. 12. the same Lease for life the remainder to the right Heires of J.S. and J.S. dies Tenant for life hath aid of T.S. Son and Heire of J.S. and though he were within age he shall not have his age and shall not pay releife nor be in ward if they hold by Knight service and be within age for that he is in as a Purchasor 11 H. 4. f. 74. Lease for life the remainder to another in taile which dies his Issue within age and after the Tenant for life dies the Issue is in by discent and if he be within age and hold by Knight service he shall be in ward to the Donor 33 H. 6. f. 5. And for that that in the said second Article of Charge you ought to inquire if any Tenant be dead who is his next Heire Let us now see where a Woman is with child at the time of the death of her Husband Tenant and by whom she shall be Judged with child and who shall be said in after the death of the Husband as Heire and shall be Tenant to the Lord and who not IF the Husband Tenant dye seised and his Wife with Child and a Brother of the Husband enter as Heire as he may and after Issue is born this Issue is Heire to the Husband and Tenant to the Lord and not the Brother though he were Tenant and Heire before the Issue was borne 41 Ed. 3. fol. 11. A man Tenant hath a Daughter his Wife with child with a Son and makes a Feoffment upon condition and dies and the Daughter enters for the condition c. and after the Son is born this Son shall not be Heire nor Tenant of this Land the same Law is where there is a Lease for life the remainder to the right Heires of J.S. Tenant for life dies the Daughter enters and after the Son is born he shall not be Heire and Tenant of that Land 9 H. 7. f. 25. Plow f 56. Daughter enters after the Death of her Father Tenant and takes profits and after the Son with which the Wife was with child is borne he may enter and have that as Heire and shall be in by discent and Tenant but hath no remedy for the profits taken by the Daughter before he was born 9 H. 6 fol. 26. If a Woman Tenant seised in Fee hath a Daughter and being with Child with a Son the Husband dies and after the Wife is ravished and consents to the Ravishor and the Daughter enters by the Statute as next of blood as
which is no Executor sues an Execution the Conisor shall have this VVrit but upon recovery by the Statute of West 2. One may have a fieri facias within the yeare to have Execution and after the yeare may have Scire facias and if a man be bound in two Statutes one after the other and he which hath the last Statute hath first Execution the other shall have a Scire facias and have execution and if the Sheriff upon a VVrit to have execution returns the Conisor dead the Conisee shall have a Scire facias against the Heire of the Coniser and the Land Tenants 25 H. 7. fol. 17. VVhere the Conisee to whom a Statute is made dyes his Executors shall have Execution without suing Scire facias for that it is given by the Statute but where one hath a Judgment and dies it is otherwise West 2. chap. 45. gives Scire facias upon Judgment and upon Fine 15 H. 7. fol. 14. Husband is bound in a Statute and Lands of his VVife were extended and after the VVife dies and the Heire of the VVife enters now may the Conisee have a Capias for the Body of the Conisor though he had not that at the first for that that the Statute gives the Lands Goods and Body and if execution be defeated by lawfull entry he shall not have a Re-extent but if the Conisor himselfe take the profits of the Conisee or that the profit be destroyed by wild-fire or water the Conisee may hold over his Tearm and the Conisor cannot enter during the Tearme of extent but shall have a Scire facias and shall not have that before the Tearme ended without aquittance or that he leave Money in the Court and where the Conisee is satisfied within the tearm by casuall profit the Conisor shall have upon that a Venire facias and upon that a Scire facias And if it be extended too low the Conisor may lay the Money in Court and recover his Land and if it be found too high the Conisee may pray that the Extenders may take the Land c. 11 H. 6. fol. 8. If the Land extended be drowned by water within the Tearm the Conisee may hold over the Tearm and the same Law where he is outed by a Guardian in Knights service 15 Ed. 4. f. 5. 22 H. 8. chap. 5. VVhere Lands delivered by reasonable extent in Execution have been recovered or lawfully diversted from the Conisee of the Satute Merchants Statute Staple or Recognisances before they have been fully satisfied and paid there Debts without fraud or covin remedy given by Scire facias against the Recognisors to levy the residue VVhere a VVoman recovers dammages in Dower in the Bench she cannot have execution there of those dammages recovered by capias ad satisfaciendum for that that the Capias doth not lye in the Originall 11 H. 7. f. 15. 2 H. 4. f. 7. The Statute of Westm 2 chap. 18. gives Elegit that is to say That the Sheriffe shall deliver all the Chattells of the Debtor except the Oxen and Beasts of the Plow and the half of his Land that doth not extend to a Court-Baron but to Courts where Process is directed to the Sherift and the Statute is also when a Debt is recovered in a Court of the Kings and Court-Baron cannot award the halfe of the Land in Execution for it is no Court of the Kings but of the Lords and he cannot meddle with Lands without the Kings Command but in other Courts Execution shall be of Lands which hath a day of Judgement given and of Goods in this Court and Beasts which the party hath day of the Execution awarded and see also execution of Recognisances and of Statutes for your Learning Execution shall be of Land which hath day of recovery 7 Ed. 3. f. 93. and 21. Ass 2. A man shall have Execution of Lands which he had day of the Judgement and not before Abridgment Ass fol. 93. 19. Ed. 2. Fitzh Execution 249. Natura brevium fol. 168. A man shall have execution in Debt of no Land but of of that which the Defendant had day of the Judgement given and of Chattels which he had day of the Execution sued Natura brevium fol. 107. and 2 H. 4. fol. 15. It seems that all the halfe of the Lands which a Recognisor hath which enters into a Recognisance day of that or after are liable in execution by Elegit 24 Ed. 3. fol. 27. tit Execution 90. Fitzh 267. D. 2 H. 4. fol. 9. Note where one is bound in a Statute Execution shall be of all his Lands which he had day of the Statute acknowledged or after in whose hands they come by Feoffment or otherwise but it is not said so of Goods and Chattells And for that they shall not have them in whose hands they come but those only which he had in his hands day of the execution awarded But if the Cognisor after the Statute acknowledged lets his Land for yeares the Cognisee may out the Lessee for the words are in whose hands they come by Feoffment or in other manner Statute of Merchants fol 48. To have execution of a Statute Merchant first you shall have a Writ of Certificate in the Chancery and there upon Certificate shall goe a Capias returnable in the Common Bench or Kings Bench and then within one quarter of a yeare that it shall be taken shall goe an Extent of all his Goods and Lands See the Statute of Merchants 37 H. 6. fol. 6. Fitzh 130. G. Statute Staple shall be certified as the Statute Merchant is and upon that shall goe a Writ of execution to take him and to extend his Lands and this shall be returned in the Chancery and not into the Common Bench or Kings Bench as the VVrit of execution upon a statute Merchant shall be and upon this shall goe a Liberate Fitz. fol. 131. D. 15 H. 7. fol. 14. Upon a statute Staple he shall have the body lands and goods by a VVrit and upon a statute Merchant First a Capias by a quarter of a yeare c. and upon the returne of that Non est inventus shall have a VVrit to have execution of his Goods and Lands Upon a statute Staple after a Certificate shall goe out a VVrit to take his body and to extend his lands in what County he will and if that be returned he cannot have Extent in another County that is to say a Liberate 2 R. 3. fol. 7. Upon a statute Staple shall goe a Capias out of the Chancery returnable in the Chancery to take his body and to seife his lands into the Kings hands and at the day of returne of that Liberate 37 H. 6. fol. 6. Note that the Statute of Merchants fol. 79. is That an execution upon a Recognizance shall not be made as it is upon a Statute Merchant but as it was used by the Law before the making of this Statute and this was to
life by Deed and I deliver it out of the view and no livery of seisin that he is but Tenant at will by Newton as it is sayd before 18 H. 6. fol. 16. Note where a Deed shall enure as a confirmation without Livery of Seisin and where not A Lease for yeares is made and after the Lessor makes a Deed by I have given granted and confirmed to the Lessee to him and his heires and deliver to him this Deed this is good without livery 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same If I let to one for yeares and after make to him a Deed by I have given and granted to have the Land for life or to him and to his heires and deliver to him the Deed he hath an Estate according to the Deed without livery and seisin the same Law where a Disseisee makes a Deed by I have given to the Disseisor and delivers to him the Deed as before is sayd Lit. fol. 121. Feoffment to diverse and livery to one where both take and where not and where one makes a Letter of Attorney by words is not good A Man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to them all but if he enfeoffe twenty without Deed and Delivers seisin to one in name of all this is good to him onely Time of H. 8. Br Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke Tenant enfeoffs the Lord and another and makes livery to the other nothing vests in the Lord without his agreement 10 E. 4. fol. 12.6 E. 4. fol. 4. Where a Corporation and another are enfeoffed livery to one is not good to both for that that they take in Common and for that livery shall be to both of them 7 H. 7. fol. 9. by Hussey Attorney by word cannot make livery 19 H. 8. fol. 9. by Shelley and Englefeild A man enfeoffe foure by Deed and one makes letter of Attorney to J. S. to take seifin for him and the rest and he takes seisin accordingly the residue take nothing by the seisin 17 H. 8. Br Feoff 67. Mortdancester Many times Mortdancester is brought of Copy-hold Land and for that some thing shall be said of Mortdancester and it seemes if the Tenant traverse one point of the writ the residue shall not be inquired Contrary is by 9 Ed. 3. fol. 30. Fitzh Mortdancester 13. IF one takes Issue upon one point and found against him the residue shall be held confessed 27 H. 8. fol. 12. and 39 Ass 13. But Abridgement of Assise fol. 120. If the Tenant plead in Barr which is found against him the Assise ought not to inquire of the points at large Mortdancester If the Tenant traverse one of the points of the Writ as to say that he is not next heire and is found for the Plaintiffe there he shall not inquire of other points for when one point is traversed all others are in manner acknowledged otherwise it is where he acknowledgeth no point as pleading that the Plaintiffe is a Bastard there they ought to inquire of the residue of the points Statham 35 E. 3. If the Tenant traverse one of the points of the Writ the remainder shall be held not gainsayd by Sharde 14 E. 3. tit Fitzh 8.33 E. 3. Fitzh 34. accordingly Abridgement of Assise fol. 118. The points of the Writ are three that is First if the Ancestor of the Demandant was seised in his Demesne as of fee the day that he dyed Secondly If he dyed seised within fifty yeares last past Thirdly If the Demandant be next heire The Tenant saith that the Ancestor of the Plaintiffe did not dye seised in fee and the Assise charged upon all the points 9 Ed. 3. tit 13. and 9 Book of Assises 14. according B. 21. If the Tenant plead in Barr without that that the Father of the Demandant dyed seised if that be found against him the points of the Writ shall not be inquired but if he plead to the Writ it is otherwise 27 H. 8. fol. 12. by Fitzherbart Where the Tenant traverseth one of the points of the Writ and the Assise is awarded and found for the Plaintiffe he shall not inquire of the other points but shall be taken confessed Abridgement Book of Ass fol. 118. If the Tenant pleads Feoffment or Surrender he ought to traverse the dying seised IF the Tenant pleads matter in Deed as Feoffment of the same Ancestor they ought to traverse the dying seised but if hee plead recovery this is a Barr unlesse the Tenant convey title afterwards 6 Ed. 4. fol. 11. Mortdancester Natura brevium 119. By Thorpe Feoffment of the same Ancestor is no Plea in Barr but to the Assise for the Action is taken of dying seised after that is to say The day that he dyed or not 34 Book of Assises 20. Where there shall be a re-summons and where the Assise shall be awarded upon default and the points shall be inquired THe Tenant was Essoyned and at the day made default and re-summons was awarded and sayd that it ought 8 Book of Assises 13. Inquire Fitzh fol. 196. G. The Tenant was effoyned and at the day made default and adjudged that the Assise shall be taken by his default and that resummons shall not be but immediately after Summons 4 H. 7. f. 23. and 4 Ed. 2. Fitzh 37. A man cannot recover by default in this Writ without inquiring of the points of the Writ 31 Ed. 3. Tit. 58. Abridgment Book of Assises f. 119. The Tenant makes default by which resummons went out upon which he comes and pleads and doth not answer to the default Where it is found against the Tenant upon Plea which trencheth to the action the points of the Writ shall not be inquired otherwise it is upon a Plea in abatement see 39 Book of Assises 13. and 29 Book of Assises 48. Mortdancester If the Tenant plead non-tenure of parcell to the Writ and if found c. And is ready to heare the Recognisance of the Assise the points shall be inquired 20 Book of Assises 19. and 4. Ed. 2. fol. 39. Mortdancester the Tenant saith that he is ready to heare Recognisance of Assise the points inquired 12 Ed. 3. f. 10. If the Tenant plead non-tenure of parcell he ought to plead over to the Assise that is to pray that the Points be inquired 12 Book of Assisee 8. and Abridgment Book of Ass fol. 122. See there Where Mortdancester lyeth IT lyes for the Heir where his Father Mother Brother Sister Uncle Aunt Nephew or Neece dieth seised of any Lands of an estate in Fee and an Estranger abates there the Heir shall have a Mordancester and when his Father were seised and disseised the day that he dyed yet it lyes Fitzh fol. 195. C.D. If Tenent by the Curtesie alien the Heir shall have Mordancester unlesse he hath assets by him And if a
cannot enter without Assignement but in other Precipe if one recover he may enter but here it shall be assigned to her by the Sheriff by metes and bounds 40 E. 3. fol. 22. Where the Woman recovers damage and where the Tenant may say he is yet ready to excuse him of damages if it be in Copy-hold and otherwise A VVoman shall recover damages where the Husband dyed seised if the Tenant do not come in the first day ready to render Dower Nat Bre fol. 7. If the Tenant come at the first day and saith that he was alwaies ready the Plaintiffe may averr that she hath demanded Dower and she cannot have it 2 H. 4. fol. 8. and this found she shall recover damages At the Summons returned the Tenant comes and saith that he was alwaies ready to render Dower and yet is for the Plaintiff to say that he was not ready alwaies is no Plea but by Thirne she ought to shew that her Husband died seised and she demanded in the Country and you refused but by Hank the bringing of the Writ is a demand in Law but he agreed that she ought to aver the dying seised of her Husband if she will recover dammages 6 H. 4. f. 5. Dower the Tenant saith that he was alwaies ready and yet is and the Demandant avers that her Husband died seised and saith that he was not ready and for that this is no Issue but she shall say that she demanded inquest of Office was awarded which findes he died seised and the Wife shall recover dammages from the time of his death but where the Tenant was ready though that the Husband died seised the wife shall not recover dammages 11 H. 4. f. 39. 6 H. 4. f. 5. Dower the Tenant saith that he hath been alwaies ready to render Dower and yet is the Plaintiff saith that her Husband died seised And she required the Defendant at D. and he refused and the Issue shall not be that he did not refuse generally but he offered and she refused without that that he refused 13 Ed. 4. f. 7. Dower the Tenant acknowledgeth the action and the Demandant to have dammages surmiseth that her Husband died seised and hath a Writ to inquire of dammages and held that if the Tenant come at the first day and will aver that he was ready and yet is if the demandant cannot aver the contrary the Demandant shall not recover dammages 14 H. 8. f. 28. If the Tenant be effoyned yet he may say yet ready for the Essoyne may be put in by a stranger 7 H. 7. f. 7. f. the last the same 2 Ed. 4. f. 20 and 14 H. 6. fol. 4. The same Dower after imparlance the Tenant cannot say that he was alwaies ready and yet is 5 Ed. 4. f. 141. Tenant for Life A Man devise all his Goods to his Wife and would that his Son should have his House after the death of his Wife notwithstanding that it is not devised to the Wife she shall have that for her life 13 H. 7. fol. 17. Lease to a Woman as long as she lives unmarried or as long as she behaves her self well it is for life conditionall 37 H. 6. fol. 28. Land is given to one to have and to hold so that he paies to the Grantor for his Life 10 l. this is an estate for life 3 Book of Ass 9. An Estate to one till he hath levied ten pounds he hath that for life till c. 21 Book of Assise 18. If I let to W.N. to hold till a hundred pound be paid and without making Livery and Seisin he hath an Estate but at will and if there be Livery it is for life upon condition to cease the hundred pound levied 2 Mar. Brook Lease 67. And so in the three cases next it is to be intended Livery to be made J.S. Tenant for life aliens to B. to have to him and to his Heires for the life of J.S. B. hath an Estate but for the life of J.S. 24 H. 8 Tit. Forfeiture 87. If Lands be given to a man and his Wife and to the Heires of their two Bodies begotten and they are divorced now they have but an Estate for their lives 7 H. 4. f. 18. If I grant Rent to you without more you shall have that for life 7 Book of Ass 1. If a devise be to one without more he hath an Estate for life 22 Ed. 3. f. 16. Tenant for yeares What Act determines a Lease for yeares and who shall have the Corne what is a good Lease for yeares and what not THE Husband seised in right of his Wife le ts for seven yeares and dies the Wife may enter but if the Termor had sowed the Land in the life time of the Husband the Termor shall have the Corn 7 Book of Assises 19. If the Lord enter upon a Copy-holder for Forfeiture and the Land be sowed the Lord shall have the Corn 42 Ed. 3. f. 25 The Husband and the Wife lets the Land of the Wife for twenty yeares rendring Rent and the Husband dies the Wife accepts the Rent it is a good Lease and was not void 3 H. 6. fol. 2.2 H. 6. fol. the same and 21 H. 6.24 If a Parson or a Prebendary let for yeares rendring Rent and dies though that the Successors accept the Rent the Lease is not good 32 H. 8. tit acceptance 14.32 H. 8. Tit. Dean and Chapter 20.24 H. 8. tit B. 19.38 H. 8. Lease 18. 22 H. 8. tit Ancestor 14. If Tenant in Dower lets for yeares rendring Rent and dies the Lease is void and acceptance by the heire of the Rent will not make the Lease good for it was void before 9 E. 4. f. 37. by Nedham If I let Land for yeares in which is a Mine I cannot enter and take that nor Trees but I shall be punished The Bishop lets for yeares rendring Rent and dies and the Successor accepts the Rent this makes the Lease good for the Bishop hath Fee and may have a Writ of Right 2 Ed. 6. tit acceptance 20. The same Law is where an Abbot lets for yeares rendring Rent and dies the Successor accepts the Rent the Lease is good 21 Ed. 4. f. 5. B. Where Tenant in taile lets for 21. yeares and dies and the Issue in taile outs the Lessee as he may and doth not accept the Rent the Lessee may have covenant against the Executor of the Lessor and recover dammages though it be not warranted 48 Ed. 3. f. 2. A Lease by Tenant in taile for 21. yeares made according to the Statute rendring ancient Rent or more though Tenant in taile dye this is a good Lease against the Issue but if Tenant in taile dy without Issue the Donor may avoid this Lease by entry 32 H. 8. chap. 28. Tenant in taile the remainder over le ts for yeares rendring Rent and dies without Issue and he in the remainder accepts the Rent this shall not binde him insomuch that when
Ed. 3. f. 14. Conspiracy in the nature of an Action upon the case was brought against three which conspired to make one of them Attorney for the Plaintiff and to plead as they pleased and so to cause the Plaintiff to be found a Villain to one of the Defendants and it lies 26. Book of Assises 62. 47 Ed. 3. f. 15. Action upon the case lies in nature of a Conspiracy for that the Defendant procured and caused a false Office to be found by which the Mannour of the Plaintiff was seised into the Kings hands Tit. Conspiracy 8. B. See 27. Book of Assises 73. Fitzh 114. D. 43 Ed. 3. f. 20. Deceit for that the Defendant procure J. S. to bring a Formedon against the Plaintiff by Collusion by which he was travell by the Suit and brought a Writ of Warrantia Chartae in defence of that and it lies Where an Action upon the Case lies for a thing pawned and for a thing borrowed and where not ACtion upon the Case doth not lie for riding his Horse which he had hired of the Plaintiff which was weary so that he had no service of him by six Dayes for wearinesse is natural after labor and for that he ought to shew some Fault in the Defendant if he will have that Action Fitzh 86. C. If one borrow certain Money and deliver certain of his Goods in pawn for it and he offers the Money to the party again and prayes Delivery of his Pawn and the other refuse it he shall have an Action upon the Case for the Pawn 40 Ed. 3. f. 6. If I borrow a Horse and he dies suddenly and not by my default I shall not be charged to restore a dead Horse Doct. Student f. 29. If one use the thing borrowed in other manner then to what it was borrowed he shall be charged if they perish in any manner but if he use them as they were lent if they perish not through his default which borrowed them the Owner shall bear the losse Doct. Student fol. 128. If a man borrow a Horse and puts him in a house which fals upon him if it were strong and not feeble to fall he shall be discharged otherwise it is if it were weak 21 Ed. 4. Tit. 42. Detinue of Goods Br. Detinue of a Horse it is a good Plea that at the time of the Delivery the Horse was sick of divers Diseases as Botts Glanders and such like by which he died at D. such a day and year before request made by the Plaintiff to re-deliver him and it is a good Plea contrary if he do not say it was before request for if it were after request that had been the folly of the Defendant Where Action upon the Case lies or Detinue and where Trespass and where not IF the Lessor will not discharge his Farmer of a Tenth or of a Fifteenth or of Quit-rent which are due by the Lessor and the Farmer pay it yet he cannot keep that back in the payment of his Rent but shall have an Action upon the Case 21 H. 7. f. 12. 7 H. 4. fol. 3. If the Testator hath my Goods amongst his Goods and dies Trespasse by force and Arms doth not lie against his Executors for these Goods but Detinue in an Action upon the Case and if one finde my Goods Trespasse doth not lie against him but Detinue or an Action upon the Case 12 Ed. 4. f. 10. If one take my Beasts and another take them from him I shall not have Trespasse against the second but Action upon the Case 21 Ed. 4. fol. 89. the same 13 Ed. 4. fol. 9. If Goods be delivered to one he cannot be a Trespassor of them but a Detinue lies of them 18 Ed. 4. f. 28. VVhere one hath Goods by my Delivery I shall not have Trespasse but Action upon the Case and Count of mis-using of them 46 Ed. 3. fol. 15 Trespasse if the Defendant saith that the Goods were thrown into the Sea by a Tempest for safeguard of the Ship and he took them and Trespasse doth not lie against him for that they were not taken out of the possession of the Plaintiff 21 H. 7. f. 39. By Fineux and Tremail if I deliver Goods to a man and he gives them or sels them to a stranger if the stranger takes them without Delivery I shall have a VVrit of Trespasse but if he makes Delivery to the stranger of them I shall have no Trespasse Littleton fol. 14. If I deliver to one my Sheep to dung his Land or my Oxen to plow his Land and he kils my Beasts I shall have Trespasse that is to be intended Trespasse upon the Case and not Trespasse by force of Armes See 2 Ed. 4. f. 5. in Parco fracto 18 Ed. 4. fol. 23. In Action upon the Case where he counts of mis-using of a thing delivered to the Defendant or converting it to his own use is to recover Damages for the thing and where one will recover the thing it self he shall have Detinue 7 Ed. 4. f. 4. Where one comes to Goods lawfully as by Delivery Trespasse doth not lie against him but Detinue 12 E. 4. f. 8. A man shall not have trespasse general that is by force of Armes against him that mis-uses a License in Deed as to ride a Horse twenty Miles where he borrowed the Horse but for ten Mile but he shall have an Action upon the case contrary if one mis-use a License in Law as to enter into a Tavern there he shall have Trespasse by force of Armes 21 Ed. 4. f. 76. the same 18 Ed. 4. f. 2. If my Bailiff kill my Kine Trespasse by force of Armes doth not lie but an Action upon the Case 21 Ed. 4. fol. 22. Action upon the Case lies against J. S. Officer of the Kings Bench for that that the Plaintiff affirmed a Plaint of Debt against J. D. in London the said J. S. purchased a Supersedeas of Priviledge for J. D. supposing that he was his Servant 2 H. 4. f. 19. Action upon the Case by the Neighbour of a fire lies that according to the Law and custome of the Realm of England c. that every one shall keep his fire least by his fire any losse should come to his Neighbours 42 Ed. 3. fol. 11. Action upon the case lies where throughout the whole Realm of England it was a custome that the Host should keep the Goods that their Guests brought into their House if it be a common Inn and should be charged though they were not delivered and though that the key of his Chamber were delivered to the Guest 22 H. 6. f. 24. 2 H. 4. f. 8. 14 H. 4. f. 43. Fitzh f. 94. B. 11 H. 4. f. 43. 28 H. 6. f. 7. Action upon the case lies for that that the Dog of the Defendant worried the Sheep of the Plaintiff he knowing his Dog to be accustomed to worry Sheep and it is no Plea for the Defendant that he did
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
have it Perkins 165. A man hath twenty yeares terme in right of his VVife and lets for ten yeares rendring rent and dyes his VVife shall have the Rent and the residue of the terme Fitzh 119 O. If a man takes a VVife which was indebted to other persons the Husband and the VVife shall be â—ued for this debt living the VVife but if the VVife dye the Husband shall not be charged unlesse it were recoverd during the Coverture Fitzh 121. If a man lets Land to a VVoman for life rendring Rent and shee takes a Husband and after the Rent is behind and the VVife dyes the Husband shall be charged for that that he took the profit otherwise it is of an Obligation made by his VVife before marriage the Husband shall not be charged unlesse recovery were of that during the marriage Fitzh 121. D. A woman hath Rent for Dower and takes a Husband and the Rent is behind and the VVife after dyes the Husband shall have Debt for this Rent But if a man be bound to a woman and she takes a Husband and the day of payment comes during the marriage and after the VVife dyes the Husband shall not have debt upon this Obligation for that that it was a duty to the VVife and a thing in action before the marriage Essoyne AFter that any hath put himselfe into any Inquest who hath appeared or might have appeared in these VVrits shall have but one Essoyne or one default c. West 2. chap. 27. Marlcbridge chap. 13. Marlb chap. 19. Of Essoynes it is provided that in Counry Hundred or in Court-Baron or other Courts none shall have need to sweare to warrant his Essoyne Westm 1. chap. 42. For that that Demandants which bring actions against many Coparceners and Joynt-Tenants they often avoid by Essoyne It is provided that those Tenants shall not have Essoyne but for one day no more then one sole-Tenant should have so that now he cannot avoid but only have an Essoyne see Marleb chap. 9. Westm 1. chap. 43. If one be essoyned as beyond the Seas where he is in England day of the Summons it is provided that this Essoyne be not allowed if the Demandant will averr that he was in England the day that the Summons was made and three weekes after But let it be adjourned And if the Tenant be attaint which was in England day of the Summons and three weeks after the Essoyne shall turne to him for a default Westm 1. chap. 41. In a Writ of Assise of Attaints and Juris utrum provided it is for travaile of Jurors that if the Tenant once appeare in the Court never after no Tenant can essoyne him Glocester 1. chap. 18. Provided that in other Pleas then Trespass or Attachments and Distresse lying if the Defendant make himself to be essoyned of the Kings Service and doth not bring his Warrant at the day which is given unto him by his Essoyne he shall render to the Plaintif Dammages of the torne of twenty shillings or of more according to the discretion of the Justices and be in the Kings mercy Westm 2. chap. 12. There lies not for one that brings an appeale of the death of a man an Essoyne West 2. chap. 17. In the Circuit of the Justices there is no Essoine admitted of being sick in bed of a Tenement unlesse he which makes himself to be Essoyned truly be sick for if it be excepted against by the Demandant that the Tenant is not sick nor in that state that he cannot come before the Justices they will receive a reproach and if this be disproved by an Inquest let that Essoyne be turned to a default neither lies that Essoyne in a Writ of right between two claimings by the same discent West 2. ch 27. After that any hath put himself upon any Inquest at the next day let there be an Essoyne allowed to him but at other dayes following by Essoyn let there be no deferring of taking the Inquisition whether he first had an Essoyne or not neither let any Essoyne be admitted after the day given by the request of the parties in case that the parties consent to come without an Essoyne Westm 2. chap. 28. When by the Statute of Westm 1. chap. 41. It is appointed that after the Tenants have once appeared in the Court there shall be no Essoyns allowed them in VVrits of Assise in the same manner from hence let it be observed of Petitioners The Statute of Essoynes questioned 12 Ed. 2. That Essoynes do not lie in these following Cases that is There lies no Essoyn Because the Land is taken into the Kings hand Because he is restrained by Land Because there is granted to him from hence Judgement if the Jurors come Because he was seen in the Court. Because at another time he essoyned himself as being not able to come He shall not be essoyned as being beyond Sea Because such a one essoyned him such a Day Because it was commanded the Sheriff that he should make the party to come 41 Ed. 3 f. 29. Because a VVoman is not in the Kings Service but because a Nurse Midwife or sent for by a VVrit to inspect the Belly Because she seems to be deceived in her Dower and deferring of Right Because such a Complaint hath not found Sureties to prosecute Because the Attorney was essoyned Because he hath an Attorney in his Complaint Because he is essoyned witnessed c. that he is not in the Kings Service Because the Summons is not testified or part of the Return not attached Because at another time he was essoyned of the Kings Service and now did not send his VVarrant Because re-summons was in the last Presentment or Death of his Ancestor 30. Book of Assises 51. Because such a one is not named in the VVrit Because it was commanded the Sheriff that he should distrain him to come by his Land and Chattels Because it was commanded the Bishop that he should make him come Because the time was past But it is to be known that an Essoyn of the Kings Service is allowed after the great Cape and the small Cape 1 H. 6. f. 4. Trespasse Issue was if the Land were the Freehold of the Plaintiff or of the Lessor of the Defendant and after Issue the Defendant prayed aid of his Le or and at the Summons returned the Prayee was essoyned and at the Day which he had by the Essoyn he joyned and at the Venire facias returned the Prayee cast Essoyn and it lies for that that the Statute is Porâ—quam c. 44 Ed. 3. fol. 38. Precipe the Tenant tenders his Law and this is at Issue for that after he shall have but one Essoyn 37 H. 6. f. 2. The Plaintiff was essoyned at the Day of the Law 9 H. 5. f. 5 the same 48 Ed. 3. fol. 21. One is essoyned after Issue in London and at the Day in Bench upon a forreign matter is there essoyned again for it is the
If Sommons in Precipe be not served fifteen days before the first day of the return of the Writ the Tenant may wage his Law of not sommoned 42 Ed. 3. fol. 7. Precipe at the great Cape returned the Tenant tenders his Law of not sommoned and at the day comes to wage his Law And the Demandant offers to waive the default and prays that the Tenant may plead in cheif But cannot if the Tenant will not assent by which he made his Law and the Demandant takes nothing by his Writ But at the first day that the Tenant offered his Law the Demandant might have released the default 27 H. 8. fol. 17. the same 2 H. 5. fol 1. Formedon at the great Cape returned the Demandant is essoined and for that the Tenant need not wage his Law for the default is saved 18 H. 6. fol 6.3 H. 6. fol. 50. the same 8 Ed 4. fol 2 Precipe If the Demandant be essoined the day that the Tenant tenders his Law the default is saved he need not wage his Law of not summoned But if it be at the day that he hath waged his Law it is otherwise for he cannot release the default 33 H. 6. fol. 49. the same 7 Ed. 3. tit 51. Saving default Fitzh at the Petty Cape returned the Demandant was essoined and had day over at which day he took him to the default and the Tenant was put to answer at the default notwithstanding the said Essoine 5 Book of Ass 11. the same 4 Ed. 3. tit 62. F. At the great Cape returned the Demandant was essoined and day given over at which day the Demandant took him at default by which it was awarded that he take nothing by his Writ 3 H. 6. fol. 48. Precipe at the great Cape returned the Defendant saith that he was imprisoned by J. S. upon a Statute Merchant by vertue of a Statute acknowledged to him that he could not come and notwithstanding that this was his own act that is to say the acknowledging the Statute and not paying it yet the Imprisonment was by the act of the Law and his default and by that Plea his default was saved The same Law of encrease of water 12 Ed. 4. fol. 44. Saving default F. 42 Ed 3. fol 7. Precipe at the Petty Cape retâ—â—â—ed the Tenant saith that he was in Prison at the time of the default made ready c. And the Demandant to the contrary that he was at large and the Enquest taken sound that he was in prison by which the Demandant took nothing by his Writ 13 Ed. 3. Tit. 49. F. 18 Ed. 3. tit 35. F. At the great Cape returned the Tenant saith that he was in prison c. The demandant saith that he was in prison by his own consent and by fraud to save his default And the Tenant was driven to aver that he was in prison against his will and upon this Issue taken 14 Ed 3 tit 39. F. 13 Ed 3. tit 49. At the petty Cape returned the Tenant saith that he was in prison upon a Statute c. and the demandant saith that that was by covin and so Issue taken that he was in prison against his will taken and others to the contrary 39 H. 6. fol 17. The Attorney may save the default where his Master came and for that both may save the default by encrease of water and by Imprisonment and not by weakness neither of the one nor of the other for that cannot be tryed if he may come without unavoidable perill of death or not 38 H 6. fol 12. Weaknesse of an Attorney is not sufficient to save a default but encrease of water and Imprisonment is a cause See 50 Ed. 3. fol. 9. And the Tenant plead in abatement matter for mischeif of war and death which proves the Writ abated without saving his default 40 Ed 3. fol. 2. Precipe against H. son of W. Osmond the Tenant at the great Cape comes without saving his default and saith that his Father is named Edmond and not Osmond and for mischeif of the war he shall have that plea before default saved by waging of Law 40 Ed. 3. fol. 42. Formedon at the day of the Petty Cape the Tenant cometh and saith that the Demandant hath entred hanging the Writ and cannot have that Plea in abatement before the default saved 40 Ed. 3. fol. 18. Precipe against the Husband and Isabel his wife they come before the default saved that the wife is named Elizabeth and had for the mischeif of the war 14 H 4. tit 15. Precipe the Tenant saith that the Demandant is out-lawed and shall not have this before default saved 38 Ed. 3. tit 17. At the great Cape against three they alledge severall Teâ—ancie and the Writ abate if he do not maintain And they shall not wage the Law of not summoned for then they admit the Writ and that they are Tenants as the Writ supposeth 12 Ed. 4. fol. 1. 14 H. 6. f. 4. Precipe at the great Cape the Tenant would plead Joyntenancy and could not before his default saved for this comes upon the view 42 Ed. 3. fol. 11. the same 21 Ed. 4. fol. 19. Precipe against two at the great Cape one Tenant pleads that the other is dead after the day of the default and for that this Plea proves the Writ abated he shall have this Plea before his default saved 20 H. 6. fol. 2. the same 42 Ed 3. fol 3. Precipe against two one Tenant may plead that in the conclusion of the Writ the one is left out and the Writ for that is abated before the default saved Pleas after Continuance and Imparlance and what not ASsise where they are adjourned upon Plea in Bar it seems that he shall not have but one Plea after the last continuance for otherwise he may delay the party Infinitely 28 H. 6. fol 1.9 H. 7. fol 9.9 H. 6. fol 22. Quare impedit cleerly agreed that a man shall have but one Plea after the last continuance upon matter in Deed And by some the same Law is where it is by matter of Record 1 Ed 4. fol 3. Ass It seems that one cannot have divers Pleas after the last Continuance 2 H. 6. fol 13. Entrie in the Post If the Demandant enter and after there is a Continuance yet he may plead that for that that it is abated And it is folly of the Demandant to abate his own Writ 7 H. 6. fol 15. The same 7 H. 6. f 16. Quare Impedit It was pleaded in abatement Plaintiffe was made knight after the last continuance Judgment of the Writ and he had it 20 H. 6. fol 17. Trespasse after Imparlance the Defendant saith that the Plaintiffe was made knight day of the Writ not named knight Judgement of the Writ and had that Plea 35 H. 6. fol 5. Where a man is sued by the name of J. Prior of the Church of St. Peter of D. and imparles by an Attorney he shall not
a man pleads death of the Defenfendant hanging the Writ he shall not plead that after the last Continuance for that by this the Writ is abated in deed contrary of a Plea which proves the Writ abateable 34. H. 6. fol 49. At the day of Nisi prius the Defendant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and the Plea recorded and the matter adjourned and had that Plea 14 H. 6. fol 9. 38. Ed 3. fol 5. Precipe by a Woman the Tenant tenders his Law of not summoned and at the day was essoyned and at the day saith that the Demandant took a Husband after the Law tendered and for that that he did not say after the last continuance that is after the essoyn it was held no Plea 4. H. 7. fol 8. A man shall have but one Plea after the last continuance 38. H 6. fol 33. the same 16 Ed 4. fol 5. A man may plead a Plea after the last continuance after Issue joyned and in another Tearm till Verdict but not mean between Nisi prius and the day in Bench. â— H. 7. fol 8. A man shall not have a Plea after the last continuance unlesse such Pleas which were not in being at the time of the first Plea for otherwise it is not after the last continuance Maintenance In so much that Maintenance may be the better avoided let us see what maintenance is forbidden by the Law THat no Clark of a Justice or Sheriffe shall not maintain parties in quarrels nor in businesses which are in the Kings Court West 2. chap 28. That none of the Kings Counsellors nor none of his house nor none of his other servants nor no great ones of the Land by sending of their Letters nor in other manner nor no other of the Realm shall not undertake to maintain quarrels nor parties in the Country in disturbance of the Common Law 1 Ed 3. chap 14. See 20 Ed 3. chap 3. That no Counsellor Officer or Servant nor any other persons shall not uphold or maintain any quarrels by maintenance in the Country nor elsewhere first of R. 2. chap 4. That henceforth none buy or sell or take promise grant or Covenant to have Mannors Lands Tenements or hereditaments But if such person which sells their Heirs or they by whom they claim have been in possession of the same or of the reversion or remainder of that or hath taken Rents or profits of that by the space of one whole year next before that bargain Covenant Grant or promise made upon pain of him that bargains to forfeit the value of the Lands And the Buyer also knowing that to forfeit also the value of the Land the one half to the King the other to him which will sue for the same within one year after the same offence And it is also Enacted that none from henceforth unlawfully maintain or cause or procure any unlawfull maintenance in any action or complaint in any of the Courts of the King of the Chancery Starr-Chamber White-Hall or otherwhere within the Kings Dominions where they have power to hold Plea of Land by Commission Patent or Writ And also that none shall instruct Jurors or subborn Witnesses by Letters Promises or by any other sinister labour or means to maintain any matter or cause or to hinder Justice or to procure or occasion any manner of perjury upon pain of forfeiture for every such offence 10 l. one half to the King and the other to him that will sue for the same within one year after the same offence 32. H. 8. chap 9. If one will say he will maintain and doth it not he shall not be punished for maintenance And Champerty lies where one purchases hanging the Suit 9. H. 7. fol 18. See 3 H. 6. fol 53. It seems it is no maintenance to give money before a Suit begins but hanging the Suit Maintenance the Writ was in Plea which was hanging he maintains and it is good and it seems it is better to say in Plea which was hanging 10. H. 7. f. 27. It seems one may covenant to have part of an Obligation when it is recovered for travelling with an Alien which cannot speak English nor Latine to his Counsell so one may covenant with one indebted to him and deliver him the Obligation of another in satisfaction of his Debt to sue in his name and notwithstanding that he paid Counsell it is no Champerty Every Champerty implies in it Maintenance but not of the contrary and he to whose use and every one that hath lawfull Interest in the Land may maintain 15 H. 7. f. 2.34 H. 6. fol. 33. the same By Fineux If a Servant be arrested for Debt or other thing in London or other Franchise the Master may maintain him and spend of his proper money for losse of his Service Inquire But otherwise it is in Precipe 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19. by Newton By Newton and Paston Servant may pray one skilled in the Law to be of Counsell with his Master but a stranger cannot pray one to be of Counsell with my Adversary for he hath nothing to do 21 H. 6. fol. 19. If a man be at the Barre and another informs the Court that this man can declare the truth and pray that he be sworn and by the commandement of the Court he swears this is Maintenance iustifiable but if he had said for one or the other of his own head this is Maintenance punishable the same Law if he informe a Jury sworn of his own head it is Maintenance punishable 28 H. 6. f. 6. The Master may pray one skilled in the Law to be Counsell with his Servant and this is Maintenance iustifiable but he cannot give of his own proper goods to distribute to men of the Countrey for maintaining his quarrell for then he meddles with a thing forbidden by the Law and by Prisot he may iustifie giving money to Lawyers to be of Counsell with his Servant but not to give money to others not learned in the Law 28. H. 6. fol. 12. By Fortescue Master may pray one learned in Law to be of Counsell with his Servant but not to give to them money unless it be of his Wages and he saith one skilled in the Law may be of Counsell without a Fee Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Maintenance one may iustifie for that he is his Servant but he cannot give money Maintenance Defendant iustifies that he is a Bail and that he came to the Defendants Attorney and prayed him to be carefull the which is the same Maintetenance by Prisoâ— it is not good to say it is the same maintenance for this is no Maintenance for every stranger may pray the Attorney for it is the part of an Attorny to attend to that and for that it is no Maintenance 32 H. 6. f.
he should pay twenty shillings and counts that he made wast in sale and for that that he doth not count how it is not certaine and not good 9 H. 6. fol. 11. Decies tantum for imbracing and counts that at D. he hath taken Money to imbrace but for that that he doth not count that he hath imbraced nor how or where he imbraced it is not good 37 H. 6. f. 31 Deceit against an Attorney for acknowledging satisfaction and ought to count where he was not satisfied for otherwise it is uncertaine and shall not be implyed and intended 11 H. 6. f. 2. B. Rescous and counts that he distrained for Rent c. and for that that he doth not count which were the daies of payment it is not certaine and is not good 8 H. 4. fol. 1. VVhere one Avowes for that that he held of him by the third part of the fee of Knights Service and for that that he doth not shew by what manner of Knights Service it is not good 12 H. 8. f. 13. Debt by Stradling and counts of taking excessive fees in paying Pensions where the Defendant was receiver of the Mannors of D. and S. in the hands of H. 8. and for that that he doth not count that they continued in the hands of Ed. 6. it is not good for the Statute was made in the time of Ed. 6. that if any Receiver of the King took c. he should pay for every penny six shillings eight pence and that might have two meanings one with the Plaintiffe the other against him and for that it is not good P.C. fol. 202. Forging of Deeds the Writ is divers false Deeds and counts of a Deed of Feoffment and of a Writing and assurance of a Letter of Attorney and for that the Count is not good 35 H. 6. fol. 37. b. Debt The Plaintiffe counts upon a Lease made by him and E. late his Wife by Deed indent and counts for the Rent behind and though he do not count that his VVife was dead yet it is good for it cannot be by reason but she is dead 9 H. 6. fol. 11. b. and 8 H. 5. fol. 4. Account the Plaintiffe counts that the Defendant was his Receiver such a day till the Feast of Saint Michael and there are two Feasts of Saint Michael that is Michael in Tumba and Michael the Archangell and though it be not at which Saint Michael it is good and shall be intended Michael the Archangell which is more known and the more observed Feast 20 H. 6 fol. 23. Trespasse and counts that the Defendant entered into a Warren at D. and drove away the Conies and not say drove them away there and yet it is good and shall be intended there 44 Ed. 3 fol. 12 Where he confesses and avoids he need not Traverse DEtinue of finding a Box sealed with Writings the defendant saith that they were delivered in pawn to him for a hundred Shillings and if he pay that he would redeliver him it and it is good without Traverse for he confesses and avoids the Plaintiffe 21 Ed. 4. f. 19. Detinue of a Chest ensealed with VVritings The Defendant saith that the VVritings which he had were in a Box ensealed and the Plaintiffe lent him a hundred Shillings and delivered this Box to him in Pawn without that that he detains a Chest and it is good and it is good with Traverse otherwise not 22 Ed. 4. f 7. Trespasse of breaking his House and taking his Goods there the Defendant saith that his VVife was Executrix and that they were the Goods of the Testator and the Doore was open and he entered and took them and this is good without Traverse for he hath confessed and avoided 2 H. 6. f. 15 B Trespasse of his Goods taken the Defendant saith they were delivered to him by a Replegeare and it is good without Traverse 7 H. 4. f. 15. 44 E. 3. f. 20 Trespasse of his Goods taken the Defendant saith they were delivered to him upon an Execution upon a Recovery and this is good 40 E. 3. f. 21. 44 E. 3. f. 20 Trespasse of Close broken the Defendant saith that he had a way there by Prescription to his Mannour which he used and ought there to traverse without that he broâ—â—â— down for the other is not breaking down 8 H. 5. f. 2 13 H. 8. f. 14 Quare impedit against J. Hecker of an Advowson appendant the Defendant saith that it is an Advowson in grosse and that W. S. his Master presented W. S. and that he died and J. Hecker was chosen Master and presented J. Hecker the Defendant and for that he hath confessed and avoided the Plaintiff for gaining of Possession and for that he need not any Traverse 10 H. 7. f. 27 Quare impedit and counts of an Advowson in grosse the Defendant saith that it is appendant to a Mannour which descended unto him and he ought to traverse 5 H. 7. fol. 12 Trespasse Defendant saith that Nicholas his Grand-father was seised in Fee and died seised and that descended to his Father and he entered and by Protestation died seised and that descended to him Plaintiff saith that J. S. gave to Nicholas in Tail and that descended unto him as Son and it is not good without traversing the Dying seised in Fee of Nicholas or confesse and avoid it Trespasse the Defendant pleads a Grant made to him by E. and the Plaintiff pleads that H. 6 by Authority of Parliament granted that to him and is good for that confesse and a voyds the Grant 7 H. 7. f. 15 Quare impedit against a Prior the Plaintiff counts that he was seised of an Advowson in grosse and presented the Defendant saith that he was seised in right of his Monastery in grosse and presented J. and after his Predecessor granted the next Avoidance to the Plaintiff and to the Presentee A. and good for he hath confessed and avoided 26 H. 8. f. 5 Trespasse the Defendant conveyes the Land to her as Sister B. the Plaintiff saith that B. had Issue a Daughter and that he as Guardian in Socage entered and it is good without traverse for he hath confessed and avoided 19 H. 8. f. 11 B. Assise the Tenant pleads that J. S. infeoffed him the Plaintiff saith that well and true it is that J. S. infeoffed you but it was upon condition and that J. S. entered for the condition and infeoffed the Plaintiff and this is good for he confesses and avoides the Defendant 6 H. 7. f. 8 Forging of Deeds and counts that the Defendant hath forged a Deed by which J. Beak infeoffed W. T. the Defendant saith that long time before the Plaintif had any thing that J. Beak infeoffed W. and Alice his Wife which died and the Defendant as Heir of W. read and proclaimed the Deed and ought to traverse forging for where the Defendant justifies a thing prohibited by the Law in a speciall manner he ought to traverse as
be not fellonioussy rapuit it shall be intended 1 H. 6. f. 1 Waste against Beatrix which was the Wife of the Earle of Arundell though that she were not named Countesse it is good and shall be intended Countesse 2 H. 6. f. 11 Debt and Counts upon Indenture that the eldest Son ought to marry K. and if he died before carnal knowledge then that the youngest should marry her if the Ecclesiastical Law would permit it and Counts that he purchased a Dispensation and required him to marry her and he refused and though he do not shew if the Request to marry K. was before noon or not nor if K. were alive at the time of the Request it is good and shall be intended 12 H. 8. f. 6 Trespasse one iustifies as Servant of J. S. and though he do not say and by his commandement it is good and shall be intended 13 H. 7. f. 13 If one plead a Deed dated at D. it shall be intended delivered there 1 H. 6. f. 3 Waste by the Prioresse of the House and Church of C. the Writ was to the dis-inheriting of the Prioresse of the House and Church of C. leaving out praedict but it shall be intended 10 H. 7. f. 5 Annuity is Grant provided that he be of honest conversation and the Grantee pleads in Action that he was of honest conversation and that he doth not say alwayes after the Grant it shall be intended to be of honest conversation for every one shall be intended to be of honest conversation till the contrary be shewed 22 Ed. 4. fol. 28 Divers pleadings shall be good by intendment as in action against the Sherif for imbezzilling a Writ and doth not say that he was Sherif at the time of the imbezzilling but it shall be intended 22 Ed. 4. b. Tit. Pleading 109. If one plead that one John Purâ—bote Master of the Colledge and his fellow brethren were seised in Fee that shall be intended in Right of their Colledge for it hath but one intendment Plowd Com. fol. 102. Fulmerstone Entrie upon the Statute of Rich. the Defendant saith that the third part was to J.S. and that he entred by his commandement and doth not say whether the third part were severed or not but it shall be intended severed and good 37 H. 6.38 and 38 H. 6. fol. 8. the same Trespasse of two Coffers taken in D. the Defendant saith that the property was to J.S. and gave them at D. to him and though he do not shew how the property was to him it is good and shall be intended when the gift was made 1 Ed. 5. fol. 3. Scire sacias by Sir T. Chaworth Cozen and Heire of one Hawes of a gift by Hawes in Tail and the remainder in Tail and counts that the Donee and he in remainder are dead without heire of their bodies and that to him ought to revert as Cozen and Heire of Hawes and though he do not say that Hawes is dead it shall be intended for otherwise it cannot revert to him as Couzen c. 33 H. 6. fol. 54. Where one avoweth and saith he was seised by the hands of one J.S. his Tenant and though he do not say then his Tenant it shall be intended 34 H. 6. fol. 8. 14 H. 8. fol. 12. Wast against P. which he held for Term of years and Counts that in the tenth year of H. 7. the Plaintiffe let to P. for Term of one year and from and so from year to year so long as both parties were pleased by vertue of which he was possessed and occupied by 24 years and now it is thirty years from the 10. of H. 7. and where the Count is by vertue of which he occupied by 24 years by implication it shall be intended and no more and it shall be which he held and not which he doth hold Plowd Com. fol. 409. Where H.C. devised c. that none of his Sons should alien and it is pleaded that H.C. hath Issue J. and F. that shal not be intended that he hath more till the contrary be shewed of the other party 12 H. 8. fol. 3. Trespasse why he beat his Servant and took away a dog called a Blood Hound and though he do not count that he might spend forty Shillings it shall be intended that he might till the contrary be shewed 9 H. 6. fol. 10. Debt and Counts of a Lease by the Plaintiffe and E. late his Wife and though he do not count that she is dead it shall be intended 20 H. 6. fol. 24. Account and Counts that the Defendant was his Receiver at such a day untill the Feast of Saint Michael and it is not Michael the Archangell nor Michvel in Tumba and it shall be intended Michael the Archangell and good 8 H. 5. f. 4. Quare impedit by the Husband and his Wife and counts that they were seised of a Mannour in Right of his VVife to which an Advowson was appendant and though he doth not shew what Estate it shall be intended the best Estate Fee Simple 36 H. 7. fol. 3. Trespasse and Counts of assault at D. and gave so many threatnings that about his businesse c. and doth not shew where and shall be intended at D. and good Plea good by Intendment till contrary be shewed PLowd Com. fol. 74. Assise Wimbishe Venire facias directed to the Coroners which surmise in the end that the Sheriffe is Cozen and the Assise to the Coroners is also except Curson his Cozen and it is good and shall be intended Cozen of the whole blood till the contrary be shewed by the Defendant 19 H. 8. f. 11. Trespass Defendant saith that B. was seised in Fee and died seised and that descended to him as Cozen and next Heire that is Sonne of N. Sister of B. Plaintiffe saith that B. had Issue a Daughter and that he as Guardian in Socage of his Daughter took her and good and though it might be that the Daughter were of the half blood it shall not be intended till it be shewed of the other part Plowd Com. f. 103. Fulmerâ—â—one Trespasse Defendant saith that in the thirtieth yeare of H 8. that W. Master of Rushworth and his fellow brethren let to him an an hundred Acres parcell of the Mannor of E. for fifty yeares Plaintiff saith That before that is in the yeare c. J. P. Master and his fellow brethren let to the Defendant the Mannor of E. except a Tenement late Largentine for sixty yeares and that by the Statute of 31 H. 8. for that that the first Lease was in being the second was voyd and though that by Replication he doth not shew that J. P. the Master was seised in right of the Colledge it shall be intended till contrary be shewed Plowdens Commentaries fol. 26. Colthirst Barr is good to common intent though it be not good to every speciall intent yet where parcell of the substance is left out it is not good It is good to common
he was possessed it is good and though it appear upon the Evidence that the Bargain was made beyond Sea and not in London yet for that the place is not local it is not material and though they were robbed upon the Sea the Action lies in London upon the Assumpsit 34 H. 8. Tit. 107. 40 Ed. 3. fol. 2. Precipe against H. Son of W. Osmond the Tenant at the great Cape came before he saved his default and saith that his Father is named Edmond and not Osmond and shall have that Plea before he save his default and that is material for mischeif of the Warrant 40 Ed. 3. f. 48. 41 Ed. 3. fol. 15. Ravishment of J. Heir to his Father where he was Heir to his Father and Mother for the Lands were given to the Father and Mother and to the Heirs of their two Bodies and the Mother survived and yet it is good for the Action is personal and it is not material if he be named Heir to one or other 43 Ed. 3. fol. 4. the same 3 H. 7. f. 14. Where a Jury appears and notwithstanding the Distresse for the Jurors were not wâ—ll returned it is not material and for that it shall not be assigned for Error 21 H. 7. fol. 36. It seems in the Case of a Lease of Common except profits that where a Lease is pleaded to be made one day and it is found by Verdict to be made another day the day is not material and the party shall recover and where Trespasse is alleadged to be made one day and it is found to be made another it is not material but the party shall recover 33. H. 7. f. 11. In an Obligation one is named of D. he is not estopped to say that he is dwelling at S. and not at D. for it is a recitall not materiall 34 H. 6. f. 21. Debt against J. wikes at Bristoll 38 H. 6. f. 9. The Array was challenged for that it was made at the denomination of the party by one J. S. the Sheriffs Clerk and given in Evidence that it was made at the denomination by the Baillff of the Franchise and that is good Evidence for the substance and effect is if it were made favourably or not and the other is not materiall 32 H. 6. fol. 3. The Original in Debt is two and forty pounds and there is a Supersedeas sued upon that for that the Defendant is Clerk of the Chancery and the Supersedeas doth mention four and forty pounds and yet for that he is a Clerk of the Chancery hath the priviledge allowed and the other is not material 36 H. 6. f. 2. Debt upon a Recognisance the Defendant pleads no such Record and it is certified Recognisance upon Condition not expressed and the Plaintiff shall recover otherwise it is if it were certified upon Condition therein 42 E. 3. f. 3. Covenant by one as Heir where a Covenant was made to his Father and his Heirs to sing Divine Service within his Mannour he need not to be named Heir whether he be named Heir or not it is not material for if he be Tenant of the Land it shall not abate for that for he that hath the Mannour shall have this Covenant for the thing is to be done upon the Land 44 Ed. 3. f. 38. 44. Ed. 3. fol. 45. Assise of Tenements in Belham Defendant pleads Recovery of the same Lands put in View in Eston and for that that the Town is not material in Assise for he shall recover by View of the Jurors is good 6 H. 7. fol. 6. Appeal against J. Hasset Cannon of the Monastery of W. the Defendant saith no such J. Hasset Cannon of the Monastery of W. it is not good for if he be Cannon or not it is not material but no such J. Hasset as is supposed by the Writ 10 H. 7. f. 27. 3 E. 2. tit Escheaâ— 8. In Escheat the Plaintif counts that his Tenant committed Felony for which he was attaint and the count was challenged for that he doth not say for what Felony and yet it is good for it is not materiall for what Felony it was 7 H. 4. f. 1. Debt by a woman Defendant pleads that shee is out-lawed at the Suit of J.S. and the Plaintif pleads no such Record and she was out-Lawed at the Suit of N.S. and she shall not be answered for it is not materiall at whose Suit she was out-Lawed 4 Ed. 4. fol. 29. Obligation is W.N. to be bound to J.S. and is to be paid to W. N. where it should be J. S. and this to be paid is not materiall for the Obligation is good without to be paid and may count solvendum J. S. and it is good 7. Ed. 4.5 Hominereplegiando by an Abbesse they were at Issue and it is a principle challenge that one of the Jury was cozen to a Nun of the Abbesse and it shall be tried if he were Cozen or not and it is not materiall how he is Cozen. 9 Ed. 4. fol. 4. A man is bound in an obligation the condition of that is if he go to the Church and marry his Daughter c. and he rides and marryes her that sufficeth and the other not materiall for the Marriage is the substance and not going or riding to do it 10 Ed. 4. fol. 13. Detinue against J. Curson and the writ was command J. Curson Son and Heire of J. Curson where in truth he was Son of William Curson and the Plaintiff counts of delivery of Goods and for that it is not materiall 12 Ed. 4. fol. 1. Trespasse of Goods taken the Defendant saith that in London there is a Market every day but Sunday and that J.S. sold them to him upon a Fryday and though he do not shew what year it is good for it is not materiall 22 Ed. 4. tit 128. Shewing of Deeds trespasse by Admistrator and counts of Goods taken out of his own possession he need not shew Letters of administration for that it is of his own possession and is not materiall 38 Ed. 3. tit 14 Detinue of writings by J. Son of T.W. it is no Plea that the Plaintif is a Bastard for he demands but Chattells whereof he was in possession and it is not materiall 15 H. 7. f. 11. Trespasse where the Defendant conveyes to him title by diverse scoffments of strangers the Plaintiff may traverse any which he will but if he convey any title from the Plaintiff himself that is more materiall and traversable 3 Ed. 4 fol. 19. Trespasse the Defendant saith that J.S. gave in taile to his Ancestor which dyed seised and this discended to him the Plaintiff saith that he was seised in Fee in right of his Church till the Defendant outed him and ought to traverse without that that J.S. gave in taile c. For this is most materiall 15 Ed. 4. fol. 2. the same 26 H. 8. f. 1. The King recites that for the good service that he had done in the Warrs
made before the Statute of quia em tores terrarum after the time of memorie and the Lord said that he did not give after the time of memorie and is good notwithstanding it be a pregnant Negative 39 H. 6. f. 8. Debt upon Obligation the Condition to repair a House and saith that A. disturbed him by the Plaintiffes command the Plaintiffe saith that he did not disturb him by his commandement and it is a pregnant Negative and double and for that saith that he did not command him and took the other by Protestation 9 H. 6. f. 44. Debt upon Obligation the Defendant saith it is indorsed upon condition to be at the arbitrement of B. so that it be delivered to the parties before such a day the Defendant saith that the Arbitrators made no such Award and delivered to the parties and it is good notwithstanding that it be a pregnant Negative for that it is Condition and is the whole Condition 10 Ed. 4. fol. 6. Debt upon the statute against a Vicar for taking Farmes he had not nor held not against the forme of the statute is good though it be a pregnant Negative for that it is to the point of the statute 27 H. 8. f. 25. Action upon the Case against a common Inholder of his Goods taken where they were laid the Defendant saith that they were not taken in default of him nor of his Servants and it is not good for it is a pregnant Negative the same Law is where the Defendant saith that he delivered to the Plaintiff the Key of his Chamber and he carried A. and B. with him which carried out the Goods the Plaintiff saith that A. and B. which he brought in with him did not carry out his Goods and it is not good for it is a pregnant Negative 22 H. 6. fol. 22. Waste of ten Oakes the Defendant saith that the Plaintriff gave them to J. S. and commanded the Defendant to cut them and to give them to J. S. which he did 〈◊〉 the Plaintiff saith he did not cut them by his dommandement and it is not good for it is a pregnant Negative and for that he saith that he did not command 21 H. 6. fol. 49. Action upon the Case of his House burnt in dosaâ—â—â— of good keeping the Fine of the Defendant the Defendant saith that the House was not burnt in default of his good keeping of his fire in manner and forme and it is a pâ—egnant Negative and was pleaded in Ariest of Judgement for that that in this are comprised two Sentences one that the House was not burnt the other that it was not in default of the Defendant 28 H. 6. f. 8. Obligation Here I intend to shew to you how the Condition of Obligations ought to be pleaded performed WHere one pleads Conditions performed and his Plea is in the Affirmative he ought to plead in certain as where the Condition is to discharge the Obligee it is no plea to say that he hath discharged him but he ought to plead now he hath discharged certainly 5 H. 7. f. 8. 6 H. 7. f. 5. But if the Condition be to save him without damage to pleade in the Negative he was not â—amnified is good 7 H. 4. f. 13.38 H. 6. f. 14. 10 H. 7. f. 13. By Hussey if Condition be to save the Plaintiff harmlesse to plead he was not damnified is good but it the Condition be to discharge or acquiâ— him he ought to plead how specially he hath acquitted and discharged him 22 Ed. 4. f. 43.35 H. 6. f. 13. 40 Ed. 3. f. 20. If the Condition be that if the Defendant acquit the Plaintiff against J. S. and he pleads that J. S. released to the Plaintiff at his request and this is a good Acquittall 1. H. 7. f. 30. Condition was to discharge a Sheriff it was held clear that the Defendant shall say generally that he hath discharged him without shewing how for he cannot shew speciall discharge where there was no Charge I suppose this was for that it was infinito◠〈◊〉 Ed. 〈◊〉 f. 10. 21 H. 7. fol. 30. Condition that if he keep J.S. discharged of all Escapes of all Felone in such a Prison the Defendant saith there were but two Prisoners that is J.S. and R.K. and that he was not damnified and a good Plea If the Condition be to gather all the green Wax of the County the Defendant may plead generally that he gathered all without shewing specially what that is for that that it is infinite 2 H. 7. fol. 15. If Condition be that if the Defendant serve the Plaintiffe without absence for seven yeares speciall license excepted the Defendant may plead that he hath served the Plaintiff this seven yeares and not absented himselfe speciall license excepted and it is good for it may be he hath licensed him diverse times and he need not shew all 6 Ed. 4. fol. 2. If the condition be that if the Defendant finde sufficient Meat Drink and Apparrell to one till he be of the age of twenty foure yeares it is a good Plea to say that he hath found him Meat Drink and Apparrell sushcient at D. for all the time aforesaid without shewing in speciall what Meat and what apparrell and the Plaintif takes Issue that he did not finde to him sufficient Apparrell And took not Issue upon all for doublenesse 12 H. 7. f. 14. If condition be that if the Defendant shall not prove that J.S. was not presented and instituted to the Church of D. that then c. The Defendant may say that J.S. was not instituted and it seems good for the condition is negative and therefore it sufficeth to say as above in the negative The same Law is if the condition were that if the Defendant prove that he oweth nothing to the Plaintif it sufficeth to say he owes nothing The same Law is if the condition be that if I prove my Wife not guilty of such a Trespasse it sufficeth to say that she is not guilty 15 Ed. 4. fol. 25. If the condition were that if he prove within one year that it was the will of J.S. to say that J.S. made this Will which he brought to the Plaintif within one year written is not good But by 3. Justices proof of that by two Witnesses to plead that is good though it be not by Jury 10 Ed. 4. fol. 11. If the condition be that if he do not enter and claime the House the Defendant may plead that he did not enter nor claime that and the Plaintiff shall say that he claimed and shew the manner of that 4 H. 7. f. 13. Condition if the Defendant make an estate to the Plaintif before P. as it shall be demised by the Councell of the Plaintif The Defendant may plead that the Councell gave no advise or no advise was given by Councell and good in the negative and the Plaintif then in the affirmative cannot say that the Councell did give advise
by a small writ of our Lady the Queens of Right between R.T. the Plaintiffe and T.B. the Tenant of a Messuage c. Milt The Hundred of E.B. Esquire held there by W.B. his Steward there before J.T. and R.C. c. Suitors of the Court of the hundred aforesaid the tenth day of M. the year c. amongst others it is so contained Complaint J.S. Gent. complains against R. G in a Plea of uniust taking and detaining his beasts or Chattells Pledges to prosecute and to have Return of the beasts if c. A.B.C.D. The names of foure lawfull men of the hundred of those which were present at the Record A.B. C.D. E.F. G.H. By vertue of this Writ to me directed in the form within written Of a Record to be delivered in Court I came to the Court within written and in full Court there I made to be recorded the complaint within written and the same Record as it appeares in the scedule to this annexed I have before the Justices within written at the day and place within contained under my Seale and the Seales of I.B. c. twenty foure good and lawfull men of my Bayliwick of those which were present at the Record and parties c. as before By vertue of this Writ to me directed Otherwise if the Record be not delivered in my proper person taken with me J.S. c. Good and lawfull Knights of my County I came to the Court of J. D. Esq to record the complaint within written at the day and place within contained as within I am commanded upon which the Suitors of the Court aforesaid at the Town of C. in full Court to me the Sherif within written to execute the said Writ there or to meddle at all with the said complaint they altogether denyed by reason whereof I could not make execution of the said Writ By vertue of this Writ False judgment taking with me P.M. c. foure lawfull Knights of my County in my proper person I came to the Court E. held at N. such a day and yeare and in parts of the said Court of A. B c. Suitors of the same Court and R.H. Steward there I desired the Record of the complaint which is in the said Court by a small VVrit of the Queens of Right between I.P. plaintif and N.S. Tenant to be made and delivered unto me which truly Steward and Suitors there would not deliver unto me By reason whereof I could make no execution of the said VVrit Process in common Bench. Pledges to prosecute J.S.R.M. Originall in debt Summonitors within written J.S. P.M. R.S. J.D. Knight Sheriff Pledges to prosecute J.D. R.R. The within named A.B. hath nothing in my Bailiwick by which he may be summoned By vertue of this Writ to me directed Clark I do certifie the Justices within written that T. H. within named is a Clark beneficed in the Bishoprick of London having no lay fee in my Bayliwick by which he may be summoned Note that the Defendant alwaies ought to be summoned fifteen daies before the day of the return of the VVrit Pledges to prosecute J.R.R.D. J.E. Originall in Trespasse Attachment within named hath nothing in my Bayliwick by which he may be attached Pledges within named J.D. J.W. R.R. J.D. within named is attached by one price ten pence or by a Cow price ten shillings J.F. which was the wife of D.C. Attachment upon appeal Eiectment of a Farme within named hath not found me suerties to prosecute Therefore to the executing of this Writ nothing is by me done The within named A.B. is attached by a hundred sheep price 20. l. The within named C.D. and E.F. have nothing in my Bailiwick by which they may be attached The within named J.S. Capias in Debt is not to be found in my Bailiwick The within named J.S. and J.H. nor either of them is to be found in my Bayliwick I.S. Otherwise and the rest of the Defendants within named are not to be found in my Bayliwick In this Writ may be returned diverse returns and in diverse manners that is if the Sherif wil not serve the writ or if he will not execute the Writ then so A.S. within written is not to be found in my Bailiwick Otherwise after the Receit of this writ or after the comming of this Writ but if he be present then so By vertue of this Writ I have taken J.W. within written whose body before the Justices within written at the day and place within contained I have ready as the writ commands and requires c. The within written J.W. is taken by his body Otherwise whose Body at the day c. I have ready as within I am commanded according to the Exigent of this writ By vertue of this writ to me directed Otherwise I have taken the Body of the within named J.S. whose truly Body before the Justices within at the day and place therein contained I have ready as within I am commanded or as this writ in it doth command and require The within written J.S. Otherwise Otherwise Bailiffe of the Liberty is taken by his Body whose body at the day and place therin contained I have ready as c. R.S. within named is not to be found in my Bayliwick and that to take R.S. within named I commanded I. F Bailif of the Liberty of S. that hath the full return of al Writs and Executions thereof to whom the Executing of this Writ altogether belongeth to be done in which liberty no execution of this Writ there by me can be made which truly Bailif so answereth me That he hath taken the Body of the aforesaid R.S. Whose Body aforesaid before the Justices of our Lady the Queen within written at the day and place therein contained he shall have ready or so which truly Bailiff hath given me no answer J.D. Liberty within named was in the Liberty of J.E. Esquire and continually dwelt there Therefore I cannot take him Before the comming of this Writ to me directed J.S. Sanctuary within named entred the Sanctuary of Saint Peters in Westminster in the County of Middlesex and in the same County yet continues by which the Body of the aforesaid J. S. before the Justices within written at the day and place within specified I cannot have as c. By vertue Otherwise c. I have taken the Body of A.B. within named and him to the Gaole of our Lady Queen at her Castle of D. have committed there to be safely kept c. Who after by reason of another Writ of our said Lady Queen to me directed and to this Writ annexed I made to be delivered from that Prison Afterward Otherwise that is to say such a day and yeare by reason of a certain other Writ of our said Lady the Queenes to me directed which transcript I send you annexed to this Writ And therefore the
Reigne of our Lady the Queen within written the 20. R.L. within named first was called and appeared not that VVrit so above indorced was delivered to me by I. E. Esq late Sheriff of the County within written my next Predecessor in his going out of his Office as afore in the back of this VVrit And at my county Court c. as before That VVrit so above indorsed Otherwise together with the Writ of our said Lady Queen of Smpersedeas to that annexed was delivered to me by M. D. Knight late Sheriff of the County aforesaid my next Predecessor By vertue For defect of Coroners c. at my County Court held there the third Day of November the said twentieth Year of our Lady Queen Elizabeth within written the aforesaid T. C. was the fifth time called and did not appear and for want of W. B. and R. C. Coroners of the foresaid County I could not further prosecute By vertue c. and at my County Court c. and because there were not more County Courts held in the County aforesaid from the Day of the Receit of this VVrit aforesaid till the Day of the Return of the same by which nothing is done for present or so and therefore in the executing of this VVrit what is further to be done nothing is done There are joyned to them four County Courts Allocat Com. at which J. B. within named was called and appeared not and further by vertue of this VVrit at my County Court held at W. in the County of W. within written the eight Day of September the Year c. the within written twentieth the said J. B. was the fifth time called and appeared not therefore by the Judgement of the Coroners c. and if it be a VVoman it shall be so Therefore according to the Law and Custome aforesaid Otherwise of a Woman Supersedeas A. R. Waiviata est By vertue c. and at my County Court aforesaid held there the Tuesday that is to say the twentieth Day of A. the said Year the twentieth of our Lady the Queen within written the aforesaid A. R. the fourth time was called and appeared and brought to me a VVrit of our Lady the Queen of Supersedeas which is fastened to this VVrit by which to the executing of this VVrit you shall altogether seise or so As in the foresaid VVrit of our Lady the Queens of Supersedeas I am commanded By vertue c. and at my County Court Delivered himself c. the aforesaid J.W. and A. 4. are called and the aforesaid J. appeared and delivered himself to our Lady the queens Prison of E. whose Body before the Justices within written at the Day and Place therein contained I have ready as that VVrit in that commands and requires and the foresaid W. and A. appeared not And further at my County Court held Supersedeas c. the foresaid W. and A. were called the fifth time and the said W. brought to me a VVrit of our Lady the queen of Supersedeas which is fastened to this VVrit by which of executing this VVrit further doing any thing for the foresaid W. I have altogether desisted and the aforesaid A. appeared not therefore according to the Law and Custome of the Kingdome of England he is outlawed By vertue Outlaries otherwise c. and at my County Court held at W. in the County aforesaid twelfth Day of April c. J. H. R.S. I. C and all other Defendants following in this VVrit nominated besides J. H. which brought me a VVrit of our Lady the queens of Supersedeas therefore to him to make further prosecution I altogether desist as in the said VVrit of Supersedeas I am commanded And besides R.S. which yeilded himself to the Prison of our Lady the queen of F. within the County of W. whose Body before the Justices Reddidit se c. and so besides J.C. which is dead did not appear therefore by the Judgement Dead c. and the foresaid I. C. is waived in presence of F. W. and I. C. Coroners of the said queen Waived in the County aforesaid As to the Exigent taking out-Lawing Otherwise or in any way molesting the within named P.T. by vertue of this VVrit to the Justices of our Lady the Queen within written at the day and place therein contained I certifie that by vertue of another VVrit of our said Lady the Queen to me directed and to this annexed I supersede altogether as by that VVrit I am commanded By vertue c. I. B. and the other Defendants within named were the second time called Sick and the aforesaid I.B. appeared and yeelded himselfe to the Prison of the sayd Lady Queene of F. within the County of W. aforesayd and in the same Prison remaineth sick troubled with many Infirmites so that for the weaknesse of his Body and Danger of Death he cannot travell or be carried by which the Body of the said J. B. before the Justices within written for the present I cannot have according to the form of this VVrit and the within named J. P. and R. R. being the fifth time called did not appear and because at none of the County Courts they appeared the foresaid I. P. and J. R. according to the Law and Custome of the Kingdome of England are outlawed and either of them is outlawed as this VVrit in it self challengeth and requireth At the County Court c. first second third fourth he was called and appeared and yeilded himself to the Prison of our Lady the queen of C. where he is so sick that for Danger of Death him before the Justices within written at the Day and Place therein contained I cannot have By vertue of this VVrit to me directed at my County Court of W. held at W. in the the County of W. within written the Tuesday the twentieth day of M. the yeare of the Reigne of our Lady the queen within written the one and twentieth I made to be proclaimed and at my County Court of W. held at W. aforesaid in the said County of W. the twentieth day of M. aforesaid the twentieth year of our Lady the Queen within written the second time I made it be proclaimed and also at the Generall Sessions of the Peace held at W. in the said County of W. in the parts of M. within written upon Thursday that is the twelfth of September aforesaid the twentieth year of our Lady the Queen within written publickly I made to be proclaimed that J. C. and all the rest of the Defendants within named should yeild themselves to the within named Sheriffes in L. so that the same Sheriffes may have their bodies before the Iustices within written at the day and place within contained as this Writ in it self commandeth and requireth W.H. Defendant within named was not found in my Bailiwick after the receit of this writ and for that Otherwise for the
appears upon their heads and each of them is manucapted by himself that is by four Manucaptors by name A.B. c. And there are no more Executors of the will of the said B. nor heires of him or of Lands or Tenements which were his in the County of W. as by any means for the present can appeare unto me Pledges to prosecute J.D.R.R. A.B. within named hath nothing in my bailiwick but the Issue first by me forfeited Favor of the Sheref upon the 2. or 3. Distring Against a Clark by which nor where he may be distrained as to me by any means can appeare for this present W.D. Arch Deacon of R. hath nothing in my bailiwick of lay fee by which nor where he can be Distrained Warned or Attached by any means at present as to me can appeare That I should distrain the within written A.B. to be before the Justices within named Upon a Tarde at the Day and place therein contained This writ so late was delivered unto me that for the shortnesse of the time I could make no Execution thereof To the Distraining of R.L. and all other the Jurors within written to be before the Iustices within named at the day and place therein contained Other-Wise upon a Jur. This writ came unto me so late that for the shortnesse of the time could make no execution thereof but to ad Decem tales the execution thereof doth appeare in a certain Pannell fastned to this writ Otherwise for Homage The Manucaptors within named J.S.W.P.I.D. His Issue half a Mark. The summoners of the within named R. and E. his wife W.F.R.P. And so of all other actions reall if the Defendants be sufficient The Execution of this writ doth appeare in a certain inquisition to this writ annexed By vertue of a writ of our Lady the queen to me directed Partition and to this partition indented annexed I J.D. Knight Sheriff of the County aforesaid twentieth day of A. year 20. c. taking with me J.S. c. twelve free and lawful men of my County and of the view within written in the presence of H.F. in the writ aforesaid nominated in my proper person I came to the Tenements in the said writ nominated and there by their Oath respect being had to the true value of the said Tenements with the appurtenances the said Tenements in partition into three parts equally to be parted and one part of the said three parts that is twelve foot in length and eight foot in bredth of the House in the foresaid writ specified extending to the Land of F.G. called G. towards the west and thirty four foot in bredth and twelve rods in length and one Garden in the aforesaid writ specified lying to the said house abutting towards the west to the Land of the aforesaid F.G. called B. and the Glebe Land of the Rectory of S. and also c. And I the aforesaid Sheriff twentieth day of A. the year c. have made them to be assigned and delivered to H.F. nominated in the said writ to hold to him severally according to the form and effect of the writ aforesaid And as the said writ in that commandeth and requireth Which truly whole third part of the aforesaid Tenements in the aforesaid Writ specified Otherwise to the aforesaid H. in form aforesaid is delivered and assigned and for the other two parts remaining of the aforesaid Tenements in the aforesaid Writ specified J.F. likewise in the same Writ nominated to the partition aforesaid to be assigned and Delivered to the Justices of our Lady the Queen in the Writ aforesaid specified I certifie that none of the part of the said J. came to receive of me the aforesaid Sheriff those two parts so that those two parts I could not deliver an Assigne as the writ aforesayd in that doth command and require In witnesse whereof as well the Seale of me the aforesayd Sherif as the Seales of the other twelve Jurors to this partition Indented are put Dated the yeare and Day abovesayd Pledges to prosecute I. D. R. R. The within I. S. and R. B. are attached and each of them is attached by Pledges I. D. R. R. The residue of the execution of this VVrit doth appear in a Pannell fastned to this writ Assise of Novel disseisin Assise of novell disseisin between such a one Plaintif or Demandant and such a one Defendant or tenent in the Plea c. A. B. C. D. c. to the number of twenty four Pannell The names of the Recognitors I. P. and T. W. Summonitors J. D. T. B. Manucaptors summoners aforesayd and every of them J. S. J. D. Pledges to prosecute Otherwise G. C. R. R. R. H. within named is attached by one _____ of Latin price eight pence by Pl. W.D. and T. D. The residue of the execution of this writ doth appeare in a certaine Pannell annexed to this writ A Recognition of an Assise of Novell disseisin Pannell between J. D. Plaintif and R. T. Deforceant of his Free-hold in B. J.D. c. to the number of twenty foure Summoners of the Jurors aforesaid and of every one of them J.S.J.D. Manucaptors summoners aforesaid and of every one of them J.B.T.C.A.B. and W.H. The execution of this writ appeareth in a certain Pannell to this writ annexed Otherwise The names of the Recognitors in an Assise of novell Disseisin between A.B. Plaintiff and J.M. Defendant A. B. c. to the number of twenty four Every one of the Recognitors aforesaid by himself is severally attached by pledges J.D.RR. The Issues of every one of them five shillings The names of the Recognitors of new added according to the form of the Statute A. B. c. to the number of ten Every one of the Recognitors aforesaid of new added is attached severall by Plaintiff J.D.R.F. By vertue of this Writ Great Cape tenth day of M. the year aforesaid by the view of R.H. and T.H. good and lawfull men of my County I have taken into the hands of our Lady the Queen the Lands within written as within I am commanded summoners J.D. R. F And if the Writ be sent to the Sheriff and the place where he ought to execute it be within Franchises which hath full return of all VVri tsthen so The Execution of this VVrit c. as before I J.S. Sheriff of E. have commanded J.W. Bailiff of the Liberty of B. in the County aforesaid which hath full return of all VVrits and execution of them within the Liberty aforesaid in the County aforesaid and to whom the executing of this writ doth wholy belong to be don for that that the said execution thereof otherwhere in my Bailiwick cannot be done out of that Liberty which answers me so c. By vertue Otherwise c. I have taken into the hands of our Lady the Queen by view c. as before of the Lands and Tenements of J.M. within
Sheriff returns Issues upon J. Burton where there is no such of the Jury but J. Bormstone and it was amended 2 H. 5. f. 8. The Sheriff upon a Capias returns Non inveni where he ought to return Non est inventus and the party was outlawed and this was assigned for Error and awarded Error and shall not be amended 9 H. 5. f. 10. One was outlawed and Proclamari feci of that was returned that I made be proclaimed that he should deliver himself to the Sheriffs of London where the Writ was the Sherif of Kent and this Outlary was reversed by Error and shall not be amended 27 H. 8. f. 34. One was outlawed and the Exigent was returned at my County Court held at the Castle of Oxford he was first called and because it was not in what County it was Error and shall not be amended 21 H. 7. f. 34. One was returned outlawed and for that that it did not appear that it was by the Judgement of the Coroners it was reversed without Writ of Error and shall not be amended 21 H. 7. f. 33. The Sherif returns Scire feci J. A. Clio where it should be Clico and was amended 7 H. 6. f. 1. Where the Sherif upon a Distringas returnes to small Issues he shall amend the Return 27 H. 8. f. 3. Process against a Voucher Averment the Sherif returns the Vouchee dead the Demandant may aver that he is alive by the Statute of 14 Ed. 3. chap. 10. Vouch. 8. And there held that a man shall not have a direct Averment against the Return of the Sheriff unlesse that his person is to be charged or his Inheritance for ever to be lost and that by the same Law he cannot have remedy to save the same Inheritance 40 Ed. 3. f. 6. Debt against two the Sheriff returns upon the Capias I have taken their Bodies and have them before you and now one comes and saith that his Companion is dead and had it for that the other cannot gainsay it 50 Ed. 3. f. 7. By the statute of Westm 2. before said upon a Distringas one may aver that the Sherif hath returned to small Issues and by this Book the Sherif ought to return in Issues so much of Rent as the Defendant receives the Day of the Writ purchased untill the Day of the Return of it 27 H. 8. f. 3. Where the Sherif returns to small Issues upon a Distringas one may aver that they are to small but some seem that if he return to small upon a distringas Juratores it is on t of the Statute 10 H. 7. f. 11. Debt the Sheriff returns upon the Distringas twenty pence upon the Defendant and averment was that the Shetiff might have returned mean between the writ delivered and the return of that 100 s. and the writ was awarded to the Justices of Assise to inquire of that 20 H. 6. fol. 26. Where the Sheriff returns one out-lawed he cannot aver that he was called but three or four times But in appeale he may have the averment 10 H. 7. f. 22. In Re-disseifin he cannot aver that the Sheriff did not go to the place for he is Judg and also one out-lawed cannot aver that he was not the fifth time called 10 H. 7.28 Trespasse upon Pone goods were returned attached and when the Defendant appeared he had a Writ to the Sheriff to deliver to him again the Goods And the Sheriff returns that he hath redelivered the Defendant cannot averr the contrary the same Law of a return of a seisin in Dower one cannot have an averment to the contrary for the Sheriff is Officer to whom credit shall be given which cannot have averment to the contrary But where one is without remedy and to be dis-inherited it is otherwise as if the Sheriff in a Precipe against one return that he is dead the Demandant may aver that he is alive and may say not attached by fifteen daies which is no direct averment But upon an Habere facias sesinam Where the Sherif returns I have delivered seisin he cannot aver the contrary 3 Ed. 4. fol. 20. One cannot have direct averrment against return of the Sherif in the same action but in another he may As in Debt against a Bailif of a Franchise for an escape of one return by the Sherif that he hath taken him by a Warrant to him directed upon a Capias ad satisfaciendum he may now in this action of Debt aver that no such Warrant was to him directed And in Assise not attached by fifteen dayes he may averr And in a Precipe that he was not summoned according to the Law is a good averment in the same Action but not not attached or not summoned 5 Ed. 4. f. 1. A Writ of Deceit is returned by the Sherif and the Defendant averrs that the summoners now returned were not the summoners in Precipe and he cannot aver that Averment against the Return of the sherif 5 Ed. 4. f 7. 33 H. 6. f. 11. Markham accordingly The sherif returnes I have commanded the Bailif of the Liberty of N. which so answers that at another time the Defendant was committed to the next Gaol by Auditors upon an Account for Arrerages and that he being Bailif of that Goal carried him to Prison and he came in upon a Cepi Corpus and saith that no such Account and shall have that Averment notwithstanding the Return of the sheriff 18 Ed. 4. f. 5. One sues a Libertate probanda to recover Nativo habendo and the sherif returnes that no Nativo habendo was delivered unto him and the other averrs contrary and may 18 Ed. 4. f. 7. Upon a Venire facias the sherif returned four and twenty Jurors and upon the Habeas Corpora he returned that 12. of them were dead the Plaintif shall have Averment that they are alive against the Return 20 Ed. 4. f. 11. The Plaintif praies that the Defendant in Replegiare wage Deliverance the Defendant saith that they died in an open Pound in default of the Plaintif and prayed a writ to the sherif Si constare poterit and if the Sherif return upon that writ that they are dead yet he may aver the contrary and have a sicut alias 30 H. 6.2 Where the Sherif returns I have commanded the Bailif of the Liberty of the Archbishop of York which returns summons the Defendant cannot aver that the Land is within the Franchise of Richmond 34 H. 6. f. 3. The sherif returnes upon an Exigent that four times called and not withstanding Averment was taken that he was outlawed and this was certified by the Coroners and for that the sherif was amerced to fifty Markes 36 H. 6. f. 24. Where the sherif upon a Capias returnes He is not found one cannot have an Averment against this Return 2 H. 4 f. 15. One may have an Averment in another Action against the Return of the Sheriff as in Covenant the Sheriff returns him warned
this is adjudged a good Bar for that the Plaintif saith that the sherif hath not levied it ready c. 21 H. 6.5 Upon a Fieri facias the sherif returnes that he took Goods to the value of ten pounds for which he found no Buyer by which issued to the new Sherif a Venditione exponend which returned that his Predecessor took no Goods therefore c. By which issued a Distresse to the late Sherif that the Goods that were set to sale he should bring in 34 H. 6. f. 39. It is Error where he is outlawed and the Exigent returned at my County held at Ilchester Incertain where not in the County of Som. for it ought to be at my County Court of Somerset held at Ilchester and to recover at the Hustings London where there are two and is not at which Hustings it is not good 6 H. 7. f. 15. See 11 H. 7. f. 10. VVhere an Outlary was returned it shall not be amended where it was returned at my County Court held at the Castle of Oxford and saith not in what County it is not good 21 H. 7. f. 37. Upon a Capias the Sherif returnes I have taken J.S. and J.D. and doth not say within named and it seems good and shall be intended 12 H. 7. f. 18. A VVrit upon a statute staple issued to take the Body and to extend the Lands and Goods of him that was bound and the Sherif returned that that he had extended the Land and returned nothing of the Goods and yet it is good for the Land which is part of the thing which he ought to do and not all 16 H. 7. f. 6. The Sherif returnes that by vertue of a Command I have taken the Body and that is good without saying by vertue of a VVrit for the Sherif may take one in the Hall at Westminster by commandement of the Justices without a VVrit 16 H. 7. f. 16. Scire facias the Sherif returnes I W.S. do certifie you and it is not good but it ought to be I certifie you Justices but where the Return is Scire feci J. S. and doth not say the within named yet for that that it is further as this VVrit in it commands and requires according to the forme of the VVrit that is a good Return 1 H. 6. f. 7. Premunire tht Sherif returns that the Defendant was warned and for that that it is not what day it is not good for he ought to be warned by two Moneths before the day of the return by the Statute and that doth not appear and for that it is not good 42 Ed. 3.7 and 39 Edw. 3.7 Assise where the writ was ill returned and that uncertain there shall Issue a Sicut alias 46 Ed. 3. f. 18. One out-Lawed and Proclami feci was returned that he had rendred himself Prisoner to the Sherif of London where it should have been Rent And the Out-lawry was for that reversed by Errour 27 H. 8.34 Where the Sherif returns Nihil or is not to be found as it can appear to him he shall be amerced for he ought to take notice 9 H. 6.57 Where the Sherif returns I have commanded the Bailif of the Liberty of D. and for that that he hath not returned to what Person it is not good 9 Ed. 4.20 1 H. 6.7 the same Upon a Capias the Sherif returns I have taken the body and that A. and B. rescued him and for that that it is not where it is not good 10 Ed. 4.17 Scire facias to have Execution of an annuity against a Parson the Sherif returns that he hath no Goods notwithstanding that it was not nor had at the time of the receit of this writ yet it seems it shall be intended and for that it is good 2 Ed. 4.1 Scire facias against two severall Tenants the Sherif returns Scire feci in manner and form as this Writ in it commands and requires and it is good though it be not returned severally Scire feci 2 H. 4.14 See 37 H. 6.31 In a Writ to inquire of Wast the Sherifreturns that I took the Inquisition Die Sabbati proximo and for that it is not what Sabbati it is no good return 40 Ed. 3.20 Scire facias to have execution of arrerages of an annuity against Lawrence Booth keeper of our blessed Mary Hallers in the University of Cambridge and Schollers and the Sherif returns that Scire feci Lawrance Booth and nothing of the Schollers and for that the return was not good and so Sicut alias 34 H. 6 54. VVhere a VVrit goes to the Coroners and one returns that he made a Precept to his Servant to arrest the Defendant and that he at D. such a day made a Rescue this return is not good for it shall be made by both the Coroners 39 H. 6.42 Upon Exigent the Sherif returns I have caused to be proclaimed at such a County Court held such a day and for that that it is not what year it is not good 27 H. 8.34 The Sherif returns he hath nothing and it is not good but he ought to return also that he hath not Bailifs nor a Bailiwick nor he is not to be found 26 Booke of Assises 33. Attaint The writ you shall diligently inquire who were the Jurors of the first inquisition and whether M.B. Knight was one of the petty Jury and he returned their names and M.B. was dead and though he do not return M.B. Knight It shall be extended the same and a good return 24 book of Assises 6. The Sherif upon a Venire facias returns twelve names only upon the back of the VVrit and not in the Scedule and it is not good but shall return twenty foure according to the usage 2 H. 7. f. 8. The Sheriff returns upon a Capâ—as that a Rescue was made at D. by the command of J.S. and for that that he doth not return where the command was it was not good for the return shall be as certain as known 3 H. 7.11 Vpon Pluries to have a Corody the Sherif returns that the Bishop of K. is founder and doth not return the name of that Bishop that founded it and for that it is uncertain 3 H. 7.6 Admeasurement of Dower the Sherif returns that the woman hath more by forty shillings per annum this is no good return for he ought to return two parts by it self and their values and the third part by it self and the value thereof 44 Ed. 3.11 The Sherif of London upon a Nativo habendo returns London that if a Villaine remain in London by a year and a day that he shall not be drawn out and that is a good return and it is said that return that Attaint doth not lie in London is a good return Inquire 7 H. 6.34 In London every of the Sherifs may arrest a man and yet the Return shall be made in the name of both the Sherifs 39 H. 6. f.
that he shall be amerced for the Iustices will not alter the ancient Form for the mischeif which may come for if twelve onely be returned he shall not have a Iury without a Tales 2 H. 7.8 The sherif returns a Pannell upon Venire facias and cometh a Bailif of the Fee and shews an Indenture by which he hath returned certain names to the sherif and that the sherif hath returned other names in blemishing his return and prayeth that the Iury be not taken and it was not allowed 30 Book of Assises 5. Assise Venire facias was directed to the Coroners and the Pannell was returned by two Coroners where there are four and therefore the Venire facias was sent back again and after was returned by all foure 31 Assise 20. Venire facias Issued to the Sheriff which returneth Mandavi in Ballivo libertatis that to me he should send a Pannel and this is returned and after goeth Tales to the Sheriff and he return the Tales aledging that there were more sufficient within the Franchise and good return upon this speciall matter 38 Ed. 3.29 Debt against the sherif Sheriffe and he reurneth that hhimself is sherif and that he cannot summon himself 18 H. 3. and H. 6.77 see 9. H. 6 f. 10. Precipe Venire facias issued to the sherif and he was outed of his office one month before the return of it and he sent the Venire facias which was served to the new sherif and he returned another Venire facias and returned that Writ late and it seemeth that the Writ which is served shall be 28 Ed. 3.99 One was out lawed and Procla mari feci was returned that he should render himself to the sherif of London where it should be Kent and the outlawry was reversed by error and for that that it is in another Term it seemeth that the sherif shall not amerced 27 H. 8.34 Debt was brought by I.S. being sherif and serves the Writ and it is good and may serve that til a Venire facias 14 H. 6.1 The sherif may bring a Writ of debt in the County where he is sherif and may serve it and return it and may find pledges to prosecute in the Chancery 14. H. 6.19 Trespass against the sherif and two others and process was awarded to the Coroners and the sherif was found not guilty and the Plaintif prayed a Fiere facias to the sherif and could not have it for that the process before was to the Coroners 2 H. 6 12. Debt upon a Capias the sheriffe returns that he is sick in Prison and yet the Defendant was received to appear for he hath day by Roll and the Plaintif was demanded and did not come and was non suited 3 H. 6.3 If the the sherif return in one Pannel Johannis D. where it should be Johannes D. yet that is good for false Latin is not materiall in a return 2 H 4.8 If the sherif return upon a Capias cepi corpus and hath not the body he shall be amerced 7 H. 4.11 The Defendant cannot say that the sherif is cozen to the Plaintif and pray Venire facias to to the Coroners for if it be so he may have his challenge and quash the Jury but the Plaintiffe may pray that 3 H. 7.2 5. Exigent which was delivered of Record was imbezilled and the Copy of that returned by the sheriff and he was amerced for returning of the copy to 30 l. for imbezilling that 20 l. 3 E. 4.5 Debt upon an Obligation made to the sheriff by one let to mainprise and the name of the sherif is not in the Obligation as ought to be by that statute of 23 H. 6. cap. 10. and the Defendant may shew that and conclude and so not his deed 7. Ed. 4.5 Every originall writ shall be to the sherif as assise of an office in the Common place but processe may be to the keeper of the Pallace 3 Ed. 4.17 The sheriff nor his servant cannot break a close to make a Replevin where is a gate unlesse it be stopped 20 H. 6.30 The sherif and the Bailif errant sworn and known may arrest one without shewing him a Warrant contrary of the servant of the sherif which is not an office sworn and known 8 Ed. 4.14 If the sherif come to arrest one and he flie he may pursue him and take him in another County but not assault nor beat him for that he was not arrested but if he were arrested flie into another County with his sword naked in his hand he may follow him assault him and beat him and take him 2 Ed. 4.7 If the sherif come to arrest one and he slie into another County there he may freshty pursue and arrest him 11 Ed. 4.9 The sherif or officer may break a house to take a Felon but he cannot break a house to arrest one upon a Capias in Debt or Trespasse 13 Ed. 4.8 The sherif upn a Fieri facias cannot break a doore or chest to take goods in Execution for if he doth Trespasse lieth for the breaking onely 18. Ed. 4.4 Trespasse against the sherif for taking of goods he may iustifie for that the Exigent of Felony was awarded to him and that he took them and he might iustifie for that though that he doth not say that he accounted to the King but a Capias ad satisfaciendum is conditionall 3 H. 7.3 If the Sheriffe attach a Cow by the attachment the property of the Cow is not out of the party till the day that he maketh default and if at the day he maketh default he may take that as a forfeit although he leave it with the party 9 H. 7.6 and 34. H. 6.53 Capias for Felony the Sheriffe returns Cepi corpus and hath not the body at the day by which he was amerced a hundred shillings for the escape 40 Assise 43. See the sherif may serve a VVrit as it seemeth with three hundred men if need be 3 H. 7.1 THE MOST USUAL WRITS which have been used in the Kings Bench and are most like to continue in that Court now called the Vpper Bench never before Printed in English Latitat THe Keepers of the Liberty of England by Authority of Parliament to the Sheriffe of E. Greeting Whereas We have lately commanded the Sheriffe of the County of Middlesex that he should take A.B. if he might be found in his Bayliwick and him safely keep so that he might have his body before us in the Upper Bench at Westminster the Thursday next after the fifteen dayes of Easter to answer to C. D. in a Plea of Trespas And the said Sheriffe of Middlesex at that day returned to us that the said A. B. is not found in his Bayliwick Whereupon on the behalf of the said C. D. in the Court before us it 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 shall be
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
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
he shall hold for that part 413. The whole thing c. 412. Rents of Monasteries gon and not of Chantryes 414 Office found for the King and omit Rent Coppi-holder Common c. and of what ignrvant 415. Trespasse It doth not lie where he hath Goods by delivery if it be not a Servant without Master 324. Assaults and Affraies 74. Traverse VVhich is but a supposall and what matter in deed traversable 477. where the Defendant justifies at another day and ought to traverse before and after and where one only 480. Of the County and Town where it is locall and in another Town in the same County 482 where the Defendant justifies in trespass transitory in another County he ought to traverse the County 484. Trespass transitory Defendant may justifie in the same County in another Town without traverse 484. Treasons Small Treasons what they are 47. Treasure trove In the Land and in the Sea 78. Triall See Court Baron 225. Waste BY Guardian in Socage Tenant by Elegit and the remedy 339. A woman Termor takes a husband which makes waste and dies the wife shall be charged otherwise it is of a Lease to them 336. Against whom it shall be brought and against whom not and where the Statnte shall he rehearsed 336. 337. VVhere the Plaintiff shall say by demise or by gift by will 337. where he shall recover all or but the place wasted and what a Guardian shall loose 337. 338. what is good Bar in wast 338. It seems it doth not lie against Tenant by Elegit but Account but against a Guardian in Socage See 339. Suffer Land to over-grow with thorns is not but to drownd which is clay or Meadow made Arable it seems is 330. Falling by tempest where it was uncovered at the time of the Lease by Enemies aliâ—n is not 331. To suffer a house to be uncovered that the great timber rots 331 VVhere a Furnace â—ixed and where not 331 Repair before writ is no â—â—ste 331 He may cut Trees to repair where it is â—â—â—ayed and Keynes cut down and dead wood 332 â—utting those which have used to be cut within these twenty or sixteen years is not 333 Cutting VVillows within view Hasels under great Trees barking under-woods is 332 Cutting wrong-lands See cutting Keines 333 To eat the Springs cutting green wood where there is dead and white-thorn is 333 For what one shall be punished and for what not 332 VVhere it shall be which he holdeth and where which he did hold 335 Waters Fishing in the Sea and the Sea flowes and reflowes 46 Common fishing 45 Frank fishing 46 Several fishing and frank fishing 46 Waive If the Owner make fresh Suit and brings Appeal and now upon Indictment 80 Watch. Of time and what persons 97 wines 39. Wreck of the Sea He may have that by prescription 24 See fresh victuals 24 what is wreck and what not 24 Villainage How that begun and villaine Executor and where sale before seisure 326. VVhere he is infranchised for a time and where for ever 327. Lord or villaine is Plaintiff makes Attorney or sues Recordare is not enfranchised 328. Perquesite how the Less and how the person shall have 328. Lord and Villaine vouch or Imparle or is made Knight it is an infranchisement and to be of a Jury is infranchisement 328. Enfeoff his Villaine makes obligation Lease is 328. See Surrender View Where the first writ abates he shall have in the second and where not 417. VVhere shee is outed in Dower and where not 417. See Dum fuit infra aetatem and Non compos mentis 518. In Assise Attaint Quod ei deforceat Entry in the Quibus he shall not have 418. In Assise of Nusance Curia claudenda Cum in vita Quod permittat Admeasurement he shall have 419. In Assise of an Office he shall have 420. Unques prist If he saith yet ready he ought to tender to the Court or to say that it is so heavy that he cannot bring it with him 485 Dower where the Tenant is essoyned he is not estopped to say yet ready 486 Debt at the Distringas if he cometh he is not estopped otherwise it is in Annuity 485 486 After Imparlance he shall not say yet ready 486 VVhere he shall say Ready at the place 486 VVhere it is collateral he shall not say yet ready but that he tendered at the place 48 76 487 VVhere it is of a thing within he shall say yet ready and without not 487 THE TABLE TO THE RETURN of Writs A. ACcedas ad Curiam fol. 510. Account 517. Adigas ad curiam 511. Adjournment 546. Allocat Com. 526. Amendment 558. Appearance 558. Appeal 513. Assise nonet disseisin 534. Pro som Ass 643. Attachment 513. 558. Attaint 530. Authority of the Sheriffe 557. Averment 559. 557. Averra elongata 523. Averra elongata sur 2 deliverance 523. C. Capias in Debt or Trespasse 513. 519. Capias utlagatnm 518. Capias in manus c. 553. Caâ—as tam Corpus quam terram 552. Cepi corpus 515. Cepi corpus out of the Exchequer 552. Certiorare 550. Certiorare sur protection 546 Certiorare by the Coroners 550. Certificate of the Mayor of the Cities 552. Certificate of the security of the peace 551. Cessavit perbiennium 551. Clericus non habens Laicnm feodum 562. Commission 551. Condition upon Replevin 524. Counterfeit money 517 Corpus cum causa habeas corpora and many returns upon that 517. For defect com 526. For defect of Coroners 5.26 for election of Coroners 549. Pannel de circumstantibus 531. D. Decies tantum 551. Dedimus potestatem 551. Deliberatis Sesines 541. 540. Deliverance in County 523. Det ubi pars nibil habet 521. Distresse 531. Distringas Juratores 532. Distringas vers Clericum 532. Distringas vers Executores 532. Distringas post pone 531. Exitus in Scaccario sur Distringas 554. Dower 535. E. Ejectione firma 513. Elegit 540. Electio Coronatorum 549 Electio militum Parl. Electio Burgensium Parl. 545. Electio Viridarii 563. Inquest 563. Inquire of dammages 563. Scire facias vers Executores 556. Distring as vers Executores 536. Excommengement 516. Exigen and divers returns upon that 525. Exitus 529. Exitus sur Distringas 529. Extent 540. F. Falso judicio 512. Favor of the Sheriffe 532. False return 557. Felonies 517. Feme waviata 527. Fieri facias divers times 537. Som. in Foresta 549. Viridarius in Foresta 549. G. Grand Cape 535. H. Habeas corpus divers returns of that 515 516. Habeas corpus Juratorum in Debt 530. Habeas corpus in attaint 530. Aliter in the Chancery 541. Habere facias Sesinam 542 Habere facias visum 524. Homine replegiando 524. Plaint in Court Hundred 511. I. Incertain and where not 595. K. Kalendarum pro Sess 544. L. Languidus sur Capias 515. Languidus sur redd se sur exigent 528. Languidus sur Felony 515. Latitat 514. Levare facias 539. Liberty 514. London 567. M. Mandavi Bailivo Libertatis 514. Pro ordine militis recipiend 546. Pro summum militum Parliamenti 545. pro electione militum Parliamenti 545. Mortui sunt 527. 568. S. Mort. sur Exigent 514. Murder 517. N. Ne exeat Regnum 548. Nihil 539. 540. 552 Non omittas 556 Nomme del Vicount 556. Nullus vemt pro querente 571. O. Ordinum militum recipiend 546. Original in Debt or Trespasse 512. 513. P. Pannel 530. 531. Partitione facienda Paâ—l 543. Part serve peâ—le Viscount 571. Pledges 571. Pluries Repleg 524. Pone sue Repleg 598. Pone in Debt oâ— Trespasse 509. Posse comitatus 572. Precipe second deliverance 523. Premunire 548. Proclamation sur exigent 525. Proclamation pro Regina 546. Certiorare sur protection Q. Quare impedit 572. Quis est tenens 554. Quo warrant 551. Quo jure 537. R. Re fa lo. 509. Recordo deliberando 572. Reddidit se sur exigent 527. Regula 518. Replegiare 522. Rescous 520. Re-seisure 523. 575. Restitutio sur Fieri facias 539. Returno habendo 522. S. Sanctuarie 514. Scire facias Mults Returns de cer 336 556. 573. Second deliverance 523. Certificate securitatis pacis 533. Seisin 541. Speciall Return 575. Supersedeas sur capias 515. Supersedeas post cepi corpus 515. Supersedeas sur Exigent 527. Supersedeas sur Fieri facias 539. Supplicavit 558. 547. Sum Militis 536. Sum. Ass 43. Sum. sessions 544. Sum in Foresta 549. Sum. in terra petita 73 Tales de circumstantibus 531. Tarde sur Distringas 53â— Tarde sur Distringas Juratores 532. Tarde sur capias 53â— Test nuper Vicecom 550. Testatum 525. Treason 518. Treâ— passe 516. 536 V. Venditioni exponend 555. Venire facias 529. 554. Venin facias hor. de Exchequer in office of the Coroner 554. Viscount 577. View 541. Viridario eligendo 549. Visnet 576. Utlag su exigent 518. 529 W. West 542. 575. Withernam 525 FINIS
work or three pence and of every one which hath a Gate into the Wood a Hen is a custome allowed 11 H. 6.2 Custome or prescription to have House-boote in the Lords Wood is good but not to have Wood to sell 11 H. 6. f. 11. Custome that within the Mannor of D. the Wife shall have the whole Land of her Husband in Dower whilest he is unmarried and if she marry that she shall forfeit that is good and allowable 21 Ass 11. Custome that a Woman covert may demise and surrender her Copy-hold to the use of her Husband this custome is not allowable but custome that an Infant at his age of discretion may surrender his copy-hold that is good but contrary of an Infant within age of discretion to make a surrender 21 H. 7. fol. 26. Lord to prescribe that every Tenant of his Mannor ought to Impound distresse taken within his Mannor in his Pound is not good for he may Impound in his owne Land 8 Ed. 4. fol. 19. Those which are Fishets in the Sea may prescribe to goe upon the Land adjoyning to the Sea to Fish for that is for the Common wealth but to digg to fix the Stakes to dry their Nets is against common right and is not good 21 Ed. 4. tit 50. Custome to turne his Plough upon the head-land of another is a good custome 40 Edw. 3. fol. 9. Custome to pay to the Lord five Marks for Releife and not more hold he more or lesse is good 44 Ed. 3. fol. 13. Custome that the Tenants ought to choose a Beadle amongst them to geather the Lords Rents is good 2 Mar. tit Prescription B. 100. Custome may be alleadged where there is no person that may prescribe as Inhabitants cannot prescribe but alleadge custome there to have Common in D. for one goes with the person and another with the place and prescription with the person by 21 H. 7. fol. 13. that is That all the Tenants have used to pay after their death a Harriot is not good but that the Lord hath used to have after the death c. he may prescribe 18 H. 8. fol. 2. Inhabitants by Fitzherbart cannot prescribe to have Common but the Lord may prescribe for him and his Tenants c. of time out of minde c. 7 Ed. 4. fol. 24. It seemes that Inhabitants cannot prescribe to Intercommon because of Neighbourhood but Inhabitants may prescribe to have easement that is to say That they have a way or other thing of easement but not to take profit 12 Ed. 4. fol. 2. It seemes by Catesby that the Inhabitants of D. may prescribe that they have used to pay but three pence for Toll 18 Ed. 4. fol. 3. It is sayd that the Inhabitants of D. cannot prescribe that they have used to have Common in anothers Freehold but that they have used to have a way 15 Ed. fol. 28. the same 40 Ed. 4. fol. 18. Schollers of Oxford and Justices of Assise may prescribe to have principall of Houses notwithstanding they are not corporate for that they are for the Common wealth 26 H. 8. fol. 6. Parishoners may prescribe to choose two Church-wardens of a Church every yeare and good 11 Ed. 4. fol. 2. Serjeants at the Law may prescribe that they have used to be Impleaded by Originall and not by Bill and so prescribe in usage 20 Ed. 4. fol. ult Officer which hath his Office at will may prescribe as Cheife Justice of the Bench and other which have used to give Offices 22 Ed. 4. fol. 18. The Lord Chancellor of England which is at will may prescribe in usage that is to present to all Benefices under forty Marks which are in the Kings right but he ought to prescribe in his Office that is that all Chancellors c. and so many Justices prescribe 20 H. 6. fol. 9. the same 12 H. 7. fol. 14. Officers may prescribe that they and all the Officers whose Estate c. Have used and so forth c. Note how one shall have a Rent or a thing which cannot be granted without Deed by prescription 13 Book of Ass 4. Rent was recovered by Verdict in Assise where the Assise found that he and those whose Estate he hath were seised of time out of minde and so note Rent recovered by title of prescription and the party shews a deed by which he purchased the Rent but not a Deed of the beginning of it Littleton fol. 34. saith Such things which cannot be granted nor aliened without Deed or Fine a man which will have things by prescription he cannot otherwise prescribe but in him and his Ancestors whose Heire he is and not in him and those whose Estate he hath for that that he cannot have his Estate without Deed or other writing which he ought to shew 12 H. 7. fol. 14. One avows for that that he and all those whose Estate he hath in the Hundred have view of Frank pledge and that by reason of ten Acres within that he ought to make Suite at the view c. 22 Book of Ass 53. Ass One makes Title to Rent that he and his Ancestors Lords of the Mannor of D. and those whose Estate he hath of time out of minde have used the Rent and this is good without shewing a Deed of purchase of that being appurtenant to the Mannor 11 H. 6. f. 14. To say that he is seised of a Messuage and twenty Acres and to prescribe that he and all those c. have used House-boote and Wood to sell it is not good to prescribe to sell it Custome shall be taken strictly Custome of London is that a Citizen and a Free-man may devise in Mortmaine but a Citizen which is a forrainer cannot devise in Mortmain for it shall be taken strictly 5 H. 7. f. 10. 5 H. 7. fol. 41. Custome that an Infant of the age of fifteen years may make a Feoffment yet a Lease and Release which mounts to so much is not good 22 Ed. 4. Tit. 17. Infant by custome of Gavelkinde at the age of fifteen may make a Feoffment yet he cannot make a Will upon the same Feoffment for custome shall be taken strictly Perkins f. 83. Where the custome is that the Wife shall have halfe the Lands of her Husband for her Dower yet shee shall not have the halfe of a Faire or a Bailiwick for they are not Lands and shall be taken strictly 38 Ass 18. By the custome of London a Citizen may devise Lands which are within the same City in Mortmain but not Lands out and Forrainer cannot devise Land in London in Mortmaine Costs against the Plaintiffe THat in every Court in trespasse upon the Statute of 5 R. 3. chap. 7. Debt covenant by specialty or upon contract Detinue of Goods account action upon the case or upon the Statute for personall wrong ought to be remedied if after appearance of the Defendant the Plaintiff be nonsuited or a Verdict passe against him the Defendant shall recover his costs