Dyer 271. pl. 26. 15 Eliz. Dyer 322. pl. 15. 41. Assiz 15. Coke 9. part 87. A. It lyes not against an executor upon a taylee ensealed by the Testator 12 Hen. 4. 23. 25 Edw. 3. 40. pl. 9. It lyes not upon a simple contract but if he plead in barr and it be found against him it shall com 182. A. 10 Hen. 6. 24. So in London by Custome 1 Edw. 4. 6. Lessee for years grants his Terme his executor shall not be charged for Rent due after his death Coke 3. part 24. A. Walkers case Debt for one retained according to the statute it lyes against the executor without specialty 2 Hen. 4. 14. 4 Hen. 6. 19. Goaler refusing one committed by the Colledge of Physitions forfeits double the Fine per Marleb 1. cap. 9. If a man Levy Ayd for the marring of his daughter and dyes if his executors have not sufficient Debt lyes against the heire Nat. br 83. A. per Westm 1. cap. 35. Nat. br 122. G. Debt lyes against an heire upon the obligation of his father if he hath assets and be bound Nat. br 120. C. et I. But if he alien the Assetts before the Action brought he shall not be charged Coke 5. part 60. A. Regist orig 140. A. 27 Edw. 3. 7. B. 10 Hen. 4. pl. 14. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 3. 32. pl. 22. Unlesse it be fraudulent to deceive creditors Coke 5. part 60. Gooches case And if they be heires in Gavill kind they shall all be charged 7 Eliz. 239. pl. 39. Dyer the count Lib. intra 208. D. 11 Edw. 3. debt 7. But if all alien but the eldest he shall be charged sole The count against an heire Lib. intra 172. B. sect 1. No. Lib. 126. B. The count needs not shew that he hath assets for it shall be intended unlesse the contrary be shewed 18 Eliz. Dyer 344. pl. 2. 11 Hen. 6. 2. pl. 6. But nothing by descent in fee-simple is a good bar by him Lib. intra 172. B. sect 1. the day of the purchase of the writ But debt lyes not against an heire upon a statute Marchant Staple or Recognizance because he is not bound Coke 3. part 15. A. Harberts case Goaler suffers an escape his heir shall not be charged 15 Eliz. Dyer 322. pl 25. Grandfather father and sonne or father and his two sonnes or Grandfathers two sonnes who have two sonnes the heire mediate shall be sued in debt as well as if they were immediate heirs 22 Eliz Dyer 368. pl. 14. 7 Eliz. Dyer 239. pl. 39. Right shall not be assetts Disseisee obliges him and his heirs and dyes this is not Assets for it is but a Right discened Pasch 6. Jac. com Ban. Molineux versus Molineux Right without an estate in possession Reversion or remainder is not Assets untill it be reduced into possession Coke 6. part 58. Bredimans cases Land in antient demeasue shall be assets 7 Hen. 4. 14. pl. 11. Coppyhold Land is not assets to the heire Coke 4. part 22. A. If an heir alien bona fide before the Action brought it shall not be assets Coke 5. part 60. A. Gooches case 27 Edw. 3. 78. pl. 16. 10 Hen. 7. 8. pl. 17. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 32 pl. 22. If Land descend to the heire although he enter not yet it is assets 42. Edw. 3. 10. pl. 12. The Grandfather makes a feoffement in Fee to the use of the heire of his body and dyes per 26 Hen. 8. the father enters and obliges him and his heirs and dyse quaere 182. Marie Dyer 111. pl. 46. Reversion expectant upon an estate Tayle is not assets because it lyes in the will of tenant in tayle to Dock and barr it at his pleasure Coke 6. part 58. B. Bredimans case et 42. A. Mildmays case Franktenement descendible express is not assets Coke 10. part 98. A. Seymors case Rent-seck descendable is not assets untill seisin Coke 6. part B. Bredimans case If the heire had not Assets in debt and afterwards assets come to his hands the first judgement is no barr of the action 19 Hen. 6. 37. A. Markham The profits of the heire at the time of the descent are sufficient and this shewed to the Court and the heire cannot deny it there shall be a general judgment against him per Dyer 18. Eliz. Dyer 344. pl. 1. The heir confesses the action and sayes that he had nothing but a Reversion descended to him there the Plaintiff shall have judgement to recover the said reversion to be levyed when he comes in possession and shall have a speciall writ of extent 23 Eliz. Dyer 373. pl. 14. If the father recover and error be brought against the sonne and a recovery against him he shall not render damages unlesse he hath assetts of other Land in Fee-simple If one be robbed he shall have debt against the Hundred per 27 Eliz. cap. 13. Debt lyes against a leessee at will for rent during the Term Coke 5. part 10. So against a lessee for years Nat br 120. H. And this during the term Coke 4. part Or after the term ended by effluction of time Coke 3. part 23. B. By limitation By condition in law In deed Common Law Nat. br 120. H. Statute Law ' 19 Hen. 6. 42. A. wast Nat. br 120. H. reentry Coke 3. part 23. B. Walkers case 30 Edw. 3. 7. 17 Edw. 3. 48. et fol. 73. pl. 107. It lyes not against tenant for life so long as his estate continues Coke 4. part 49. A. 11 Hen. 6. 14. pl. 4. But yet by the Statute 32 Hen. 8. cap. 37. the executors of a Lessor shal have debt during the est ate for life Coke 4. part Debt lyes not against the Master upon the buying of the servant unlesse it comes to his use or by his assent Doct. et Stud. 137. A. Debt lyes against an Ordinary when a man dyes intestate Nat. br 120. D. Coke 5. part 83. A. Snellings case et 9. part 39. B. 11 Hen. 7. 1 2. 9 Edw. 4. 33. Danby 18 Hen. 6. 23. com 277. 8 Eliz. Dyer 247. The Ordinary administers and then grants administration yet debt lyes against the Ordinary but it was sayd that such administration ought to be alledged in the Dioces of the ordinary 12 Rich. 2. Administrator 21. But note no Debt lyes against the ordinary after that he hath committed administration to another 8. Eliz. Dyer 247. pl. 73. Debt was brought against the father for the sons commons in a Colledg in Oxon although the father had delivered it to the Tutor of the sonne Pasch 9. Jac. Ban. Regis St. Johns in Oxford against Brickenden Debt lyes against him that becomes pledge without deed Nat. br 122. K. 18. Edw. 3. 13. pl. 7. Finchden A. borrowed of B. 20 l. to pay it at Michaelmas at which day D.
Liberty that the precept was not come to him at the time and that afterwards he was not in the Liberty 18 Edw. 3. 35. Taken again before the action brought a good barr if that he agree not to the escape and make fresh suit Coke 3. part 52. Rigwayes case 34 Edw. 1. debt 162. That he owes nothing no plea because this action is brought not upon a contract but upon a special Clause of the statute 2 Rich. 2. Yssue 160. Account upon a recovery of damages and the party committed in execution Nul tiel record a good barr 30 Hen. 6. 6. Debt upon a Judgement in Pypowders a good barr that he was taken in execution 7 Hen. 6. 18. Recovery in a court baron the defendant shall say that he owes nothing by the law 49 Edw. 3. 3. A. Hanmer 13. Hen. 7. 3. B. Conesby Damages in Assize entire of the plaintiff after verdict and before Judgment pleaded quaere 2 Mariae Dyer 107. pl. 24. Levied by the shrieve a good barr 11 Hen. 4. 58. pl. 8. Elegit pleaded in barr good 13 Eliz. Dyer 299. pl. 34. Damages in antient demeasne debt brought against the defendant he shall not say that he owes nothing but Non tiell Recovery quaere 34 Hen. 6. 49. A. pl. 15. Littleton Amerciament in a leete that he owes nothing by the law no plea 12 Rich. 2. law 33. Amerciament in a court baron that he owes nothing by the law a good plea 12 Rich. 2. Stathan debt 35. No. Lib. intra 119. A. sect 1. Debt upon a statute Merchant the defendant sayd that he was a lay man not learned and that the condition was but to bind him to pay 40 l. and it was made 60 l. this is a good plea for the action is brought as upon an obligation but otherwayes if execution be sued upon it as a statute Hil. 9. Jac. Ban. Regis Fox versus Brooke No debt in barr for arrerages of account before Auditors because the summe being due by matter of record ought to be answered by matter of as high a nature 3 Hen. 4. 5. pl. 23. 6 Hen. 4 6. pl. 28. 8 Hen. 5. 3. pl. 13. Hull 3 Hen. 6. 55. A. quaere 4 Hen. 6. 17. pl. 3. 10 Hen. 7. 4. A. Debt upon an in simnl computaverunt that he was not accountable by the country no bar for where the defendant may wage his law the contract is not traversable Crooke 13 Hen. 7 39. pl. 4 Nullum fecerunt Arbitrium a good barr because this lyes in notice of the country Crooke 13 Hen. 7. 39. pl. 4. But if he plead such a plea he cannot rejoyne afterwards and say that the arbitrators gave no notice but must plead it in barr Crooke 7 Hen. 8. 155. pl. 8. The arbitrators gave no notice no barr unlesse the submission be so The defendant said before the arbitriment made he discharged the arbitrators this is a good barr 21 Hen. 6. 30. 28 Hen. 6. 6. Coke 8. part 82. B. Vniors case and needs not to averr that the arbitrators had notice Debt upon an obligation accord with satisfaction no barr because the duty being certain ought to be avoided by matter of as high a nature Coke 6. part 44. A. Blakes case But if the duty accrew not untill some subsequent act there accord with satisfaction a good plea Coke 6. part 44. A. A. obliged to B. in 100l. shewes 3 acquittances 1 of 10l. 2 of 20l. and 3 of 20l. which amount to the receipt of 50l. parcel of the 100. in which he was bound to pay 50l. this a good barr because it appeares that it was but 50l. principall debt 43 Edw. 3. 31. pl. 26. Forreyne attachment in London a good barr as it seems No. Lib. intra 139. C. sect 20. 22 Hen. 6. 47. pl. 2. But a legacy cannot be attached because it may not be due in respect of payment of the Testators debts Mich. 14. Jac. ban Regis Vaughans case Attainder of felony no plea Mich. 38 et 39. Eliz. com ban Banister versus Trusselle Nil debet no plea because an obligation shall not be avoided by a nude averment but by matter of as high a nature Doct. et Student 22. Non compos mentis pleaded by the party not adjudged Trin. 37. Eliz. ban Regis Strode versus Marshall vide 5 Edw. 3. 70. Payment without acquittance no plea 33 Hen. 8. Dyer 51. pl. 10. Coke 5. part 43. Doct. et Stud. 22. 20 Hen. 6. 3. A. Paston 26 Hen. 8. Dyer 6. pl. 3. 28. Hen. 8. Dyer 25. pl. 160. 41 Edw. 3. 7. pl. 15. A. by indenture sold land for 20l. there were covenants in the deed for the performing of which he bound himself in 40l. debt was brought for the 40l. payment without acquittance no plea 26 Hen. 8. Dyer 6. pl. 3. et fol. 25. Defeazance upon a statute Marchant to pay 20l. payment there without acquittance a good plea and this is without an audita querela when the party is not in execution 17. Edw. 3. 3. pl. 10. A. is bound to pay his rent there payment without acquittance is a good barr 46 Edw. 3. 1. pl. 1. When the originall contract is for money accord with satisfaction a good barr Coke 9. part 79. A. Petoyes case 22 Edw. 4. 25. A. But accord to a generall receiver is no barr if he had not a speciall authority Doct. et stud 137. B. But when the condition is for a collaterall thing accord is no barr Coke 9. part 79. A. 12 Hen. 4. 23. 9 Hen. 7. 4. 4 Hen. 8. Dyer 1. And if it be before the day then part of the summe is a good Bar. Coke 5. part 117. Pinnels Case 27. Edw. 3. 84. But at the day or after it is no Bar unless it be in another place Coke 5. part 117. Pinnels Case The Defendant pleads he pay'd so much in full satisfaction the which the Plaintiff received and not that he paid so much the which the Plaintiff received in satisfaction Coke 5. part 1. 17. A. Pinnels case Conditions performed is a good bar 41 Ed. 3. 10. pl. 7. fol. 25. pl. 19. Thorpe One pleads part of the Arbitriment it shall be intended all until the contrary be shewed 2. The other may shew the remnant absque hoc that they arbitrated that only 3. The other needs not to rejoyn to more because it shall be a departure from his Plea Pasch 12. Jac. Ban. Regis Linsey versus Ashton Obligation with Condition to levy a fine upon Garnishment the Shrieve returns him garnished in Debt he pleads that he was not by the Law 28 Edw. 3. 100. pl. 42. 29 Edw. 3. 44. pl. 4. A. enfeoffes B. by deed Poll provided that he pay 20. l. to B. he may re-enter and is bound to perform all Covenants and Payments contained in the deed Poll he is not bound
to pay the 20. l. for it is at his election to pay it or lose the Land Trin. 9 Jac. Ban. Regis Briscoe versus Knight Rott 271. A. is bound to pay a greater summe granted by Indenture to B. and to levy it of his goods and Chattles this is void and therefore no bar 41 Edw. 3. 7. pl. 15. Belknap 46. Edw. 3. 18. pl. 17. Belknap A. conditions that B. shall lease to C. the Land in his Occupation except the Trees this exception is not good unless they were excepted in the Original Lease and then B. ought to shew it Mich. 15 Jac. Ban. Regis Dores Case A. conditions that one shall make a Lease for 16. years and he makes one for ten years if he live so long this is good for it was implyed before Mich. 15 Jac. Ban. Regis per Montague Chief Justice Woolridge Banbury Condition to deliver such a Lease as shall be devised by the Judge of the Court of Audience Non devisavit aliquid c. no bar for he ought to procure him to make one Coke 5. part 23. B. Lambs case The pleading No. Lib. Intra 130. A. A. is obliged to B. in 20. l. upon Condition to pay 10. l. to such a person at such a place and time and that he would name him in his will B. makes his will and names none the Executors shall not have it for as yet the condition is impossible for he ought to be named in deed Trin. 12. Jac. Com. Ban. Pease alii versus Mead. Mich. 11 Jac. Rott 945. The Defendant said that he made another obligation to the Plaintiff the which he did accept in satisfaction of the former this is no bar because it is but a thing in Action Mich. 12 Jac. Com. Ban. Rand. Strut Trn. 6. Jac. Com. Ban. Rott 10001. Lovelace Payment only the Condition a good Bar Coke 8. part 58. A. Beechers case But he to shew the place 5 Edw. 4. 141. B. Payment of Parcel hanging the Writ is not good to abate the Writ without Acquittance 3 Hen. 7. 3. pl. 12. 5 Hen 7. 10. pl. 15. 7. Edw. 4. 15. Vide 28. Hen. 8. Dyer 6. pl. 3. A. is bound to B. in 10. l. and after the date is one clause that he shall pay him 5. l. the Obligation is void Payment there without acquittance is good 30 Edw. 3. 3. pl. 12. But Payment after the day is not good without acquittance 46 Edw. 3. 29. pl. 23. 47 Edw. 3. 13. pl. 14. 5 Hen. 7. 41. pl. 5. A. is bound to pay 20 quarters of Mault and if he pay it not at the day then in 40 quarters in Debt for the 40 quarters he pleads payment without acquittance but not in Debt for the 20 quarters 28 Hen. 8. Dyer 24. pl. 154. 1 Hen. 5. 7. A. Three bound to pay their Rent one payes it the other plead payment without acquittance 45 Edw. 3. 4. pl. 9. A. is boud by an obligation dated 17th of November 12 Jac. with condition of payment the 19th November next ensuing per Curiam payment 19th November 13 Jac. is sufficient for it shall not be intended 19th November in the same moneth Mich. 13 Jac. Com. Ban. Price Coe Conusee had Execution for 20. l. and by Indenture grants that if the Conusor pay 8. l. at a day to come it shall be void this is a good discharge 20 Assize pl. 7. Payment to a Deputy a good Bar 42 Edw. 13. pl. 35. Payment to the Bayly of a Bishop by his command a good Bar 22 Edw. 4. 25. pl. 5. But payment to a servant without command is no Bar unless it comes to the use of his Master Doct. Stud. 38. A. Payment to a Creditor of the Obligee by his command is a good bar 46 Edw. 3. 33. pl. 45. Perkins 145. A. But then he ought to shew that the Creditor was the Creditor of the Obligee 27 Hen. 6. 6. pl. 1. Condition to pay 20 l. to B. assoon as he comes to the Age of 21 years 1. He ought to shew that he is of full years 2. He ought to shew the place where he payd it for otherwise there cannot be any tenure Mich. 12 Jac. Ban. Regis Halse Condition to permit one to enjoy c. he pleads that he did permit him and good 10 Eliz Dyer 279. pl. 6. Defendant said that the Plaintiff was indebted to him and that he commanded him to retain it a good barre 22 Edward 4. 25. 6 5. Acquittance a good barre But an acquittance by a general Receiver without receit of the Money is not good unless he be receiver by deed and hath authority to make acquittances Doct. Stud. 137. B. A. brought debt in ban Regis against B. and that depending brought debt in London and had goods attached in the hands of C. and had Judgement upon them this is a good barr in debt by B. against C. but if A. brings debt against B. and after the debt is attached in London and Judgement given there if the Creditor sue B. he cannot plead the Attachment in barr because he might have pleaded the action brought against him in Com. ban Mich. 39 et 40. Eliz. com ban Jaques versus Lewkner Debt is attachable before the day in which it is payable because the debtor debet although non detinet but an obligation made to performe covenants is not attachable Mich. 39 et 40. Eliz. com ban Beacher versus Minors Coverture a good barr Lib. intra 168. B. sect 1. Infancy a good barr Lib. intra 163 A. sect 1. Non est factum a good barr but not if the deed be inrolled 16 Hen. 5. B. 9 Hen. 6. 60. A Babington 39 Hen. 6. 32. pl. 45. When it is but voidable non est factum no plea Coke the 5. part 119. A. Whelpsdales case 11 Hen. 7. 15. When an obligation is made voyd by statute yet non est factum is no plea Coke 2. part 9. B. Thoroughgoods case When an obligation is once good and after and before the plea be voyd non est factum may be pleaded Coke 5. part 119. A. B. Whelpsdales case When 3 are bound seperatim and the seale of one is broken the other cannot plead non est factum because they are severall obligations Coke 5. part A. Mathewsons case But it is not when 3 are bound without any more Coke 11. part 28. B. Pigots case 3 Hen. 7. 5. Coke 5. part 23. A. But if 2 be bound in debt against one only it cannot be pleaded Coke 5. part 119. A. Whelpsdales case Recovery in an inferiour court of Record with execution a good barr Coke 6. part 45. B. Higgins case But without execution not Coke 6. part 45. A. Recovery is a good barr so long as it is in force Coke 3. part 44. B. Higgins case Release a good barr Two bound to B. which makes the wife of one his
And although he were outlawed if he be pardoned 29 Assize 47. Nat. br 22. B. Corporation shall have a writ of Error but no single person of them 21 Edw. 4. 58. Townesend He that disclayms shall not have it Nat. br 22. C. Coke 8. part 6. B. 62. A. But if one plead Non-Tenure and it be found against him yet he shall have it 6 Edw. 3. 188. pl. 17. Nat. br 22. C. A. brought a Praecipe against B. which infeoffs C. judgement given for A. yet B. shall have Error 21 Edw. 3. 53. 12. Assize 41. 20. of Assise 2. 50 Assise 3. Coke 1. part 111 Albanies case Judgement given against the Defendant in debt and after because he paid not nor rendred his body c. judgement was given upon a Scire facias against the bayl and they all joyn in a writ of Error therefore not good because one is not party to the judgement given against the other Mich. 9 Jac. Regis Wildegoose against Duport Trespass against two where one was within age and appears by Attorny and judgement Quod cap. they joyn in a writ of Error because the judgement is entire Hill 9. Jac. Ban. Regis Orme Bird. Surviving Joynt-tenant shall have error of all 19 Edw. 3. Error 1. 19 Assize pl. 8. Two outlawed upon a Capias in Redisseisin with force one shall have Error sole 8 Hen. 4. 3. Judgement against two in conspiracy one dyes the other shall have a writ of Error 24 Edw. 3. 76. pl. 99. Mich. 30 31 Eliz. ban Regis Pegot being an Infant and another levyes a fine P. sole brought error and good for this is error in deed therefore it shall be brought by him it most concerns If one makes a Retraxit yet he shall have Error Coke 8. part 62. A. Beechers case The King shall have Error 15 Ed. 3. Error 72. He in Reversion disseises Joyntenants and suffers an eroneous recovery the wife releases with warranty and dyes this warranty is a bar to the writ of Error because by his own Act he hath disabled himself to take benefit of the forfeiture Coke 3. part 61. A. Lincoln Coledge case A recovers a moyety of a Mannor against B. which infeoffs C. B. and C. make partition B. dyes his heir shall have a writ of Error and by Newton A. had issue a Son and a Daughter by one venter and another Daughter by another venter and dyes the Son enters and dyes the youngest Daughter is found Heir in a Nuper obiit they make partition the eldest Daughter shall have a writ of Error 19 Hen. 6. 25. A. Prey in Ayde shall have a writ of Error Nat. br 21. C. Coke 3. part 3. B. 4 Assise pl. 7. Patron after ayde Pryor shall have Error 12 Hen. 8. 8. Pollard Garnishee shall have a writ of Error 21 Hen. 6. 35. B. Paston 7 Hen. 6. 41. Coke 5. part 99. B. Hoes case Garnishee in London upon an Attachment according to the Custome shall have Error 22 Edw. 4. 30 31. Tenant per Receipt shall have Error Coke 3. part 3. 4 Assise 7. 20 Edw. 3. Error 2. Vouchee shall have a writ of Error 8 Hen. 4. 3. Nat. br 21. C. 4. Assise 7. 17 Edw. 3. Error 90. Nat. br 21. M. 108. A. And the Tenant shall have another writ of Error 8 Hen. 4. 3. 21. Nat. br 21. C. But if the Vouchee release before Error brought the Tenant shall not have it 17 Edw. 2. Recovery in value 32. Heir general shall have a writ of Error 20 Edw. 4. 13. Lib. intra 296. A. sect 1. And if the Ancestor be outlawed of Felony he shall have it Nat. br 21. N. But not for High Treason per 28 Eliz. cap. 2. The Heir special shall have it for the Lands to which he is heir 3 Hen. 4. 19. Nat. br 21. K. 9 Hen. 6. 47. 1 Mariae Dyer 90. pl. 5. Executor shall have error upon judgement for debt or dammages Nat. br 21 M. Although that he be Executor to the Bishop Parson or other sole Corporation Nat. br 22. A. Coke 4. part 65. A. Fulwoods case 8 Hen. 6. 25. A. Martin And this upon the Statute of 29 Eliz. cap 8. Coke 6. part fol. ult Executor shall have error upon an Outlawry of the Testator and restitution 11 Hen. 4. 65. pl. 22. 5 Edw. 4. 7. Although that the Outlawry be for felony Coke 5. part 111. A. Administrator shall have error in the same manner as Executor shall have Nat. br 21 M. 6 Edw. 6. Dyer 76. pl. 31. Successor shall have Error for a thing which toucheth the succession Nat. br 22. A. 16 Edw. 3. Error 69. 8 Hen. 6. 25. A. Martin The King collates A. to a Chapel against whom an Action is brought A. resigns the King collates B. Judgement is given pro querente B. shall have Error 15 Edw. 3. Error 7. 15 Assize 8. But for Debt or Dammages recovered against a Bishop c. or any secular sole Corporotion the Successor shall not have Error Nat. br 22. A. He in Reversion after the Estate ended shall have Error at common Law and not before Coke 3. part 4. A. 21 Hen. 6. 29. Newton 3 Hen. 4. 6. 32 Edw. 3. Error 73. 4 Hen. 8. Dyer 6. pl. 5. com 24. B. Weston And per 9 Rich. 2. cap. 3. he shall have it during the Estate for life Coke 3. part 4. 22 Edw. 4. 31. A. Vavisor 3 Hen. 4. 6. 12 Hen. 8. 9. A. Brudnell And by equity he in remainder shall have it Nat. br 108. A. 1 Mariae Dyer 90. pl. 5. But at common Law the Donor shall not have it altogether com 241. B. And yet he shall not have Error during the Estate tayl because he is not within the Statute 9 Rich. 2. cap. 3. Coke 3. part 61. A. Lincoln colledge case 10. part 44. B. Portingtons case But after the Estate tayl ended he shall have it because the Law rayses the reversion in the Donor Coke 3. part 3. B. And although Tenant in tayl suffered a Recovery and released Errors yet brings error and is barred and dyes without issue yet the Donor or he in Remainder shall have Error 3 Eliz. Dyer 188. pl. 9. Note regularly no Stranger shall have Error 22 Edw. 4. 31. per Brian Conusor aliens execution is sued erroneously the Alienee shall have Error Nat. br 22. B. 4 Hen. 8. Dyer 1. pl. 5. 17 Assize 24. 18 Edw. 3. 25. pl. 17. Crook 6 Hen. 8. 169. A. Pollard A. clayms wood in the Forest and this allowed before two Justices of the Forest B. C. which clayms Estovers brought a writ of Error in Ban. Regis 21 Edward 3. 48. pl. 70. Tenant in Praecipe enfeoffs B. Judgement given pro quer B. shall have Error for the mischief 21 Edw. 3. 53. 21.
14. In consideration of divers summes received of divers persons to the use of the plaintiff amounting to 24 l. assumes to pay this and adjudged a good count though he doeth not shew of whom he received the summes because this is not traversable for it is a consideration executed Trin. 14. Eliz. Ban. Regis Beckingham et Lambert Count that upon an in simul computasset the Defendant was indebted to him in 20 l. and promises to pay it c. Crooke Justice said it was a good consideration and Dodderidge said that in every action of debt an action of the case is implyed and when it appears how the debt grew due then it is a good Assumpsit Trin. 14. Jac. Ban. Regis Cullimore Eynison Against him that takes upon him to plant thorns and doth not do it Lib. Intra 13. C. Sect. 1. 1. My servant being in prison I request his enlargement and promise to save A. harmless an action lyes but without request not 10 Eliz. Dyer 272. pl. 31. 2 If one become Bayl for the servant and after the Master promise to save harmlesse an action lyes not 3. A. being Bayl for B. in Ban. Regis B. promises to save him harmlesse yet A. shall not have an Action against B. although he pay the money if no Capias be awarded against the Principal nor Scire facias against the Bayl Trin. 7. Jac. Ban. Regis Bolles Jones error upon judgement in Com. Ban. 4. A being indebted to B. prayes C. to be bound to B. for the debt and he will be bound to C c. C. is bound to B c. A. refuseth to be bound to C. yet C. shall have an action against A. for it is a good consideration in so much that C. is lyable to the debt Mich. 9 Jac. Ban. Regis Knyvet Pledall 5. A. promises to B. to discharge him and save him harmlesse from all bonds in which he was bound for the son of A. at the request of the said son B. brought his action and shews that he as fidei jussor was bound 1. It is a good consideration 2. He ought to shew precisely that his son requested for although fidei jussor imply a request yet it is not sufficient Pasch 9 Jac. Ban. Regis Somerston Barnby postea Mich. 9 Jac. it is shewed that it was alleadged and for this judgement was given for the Plaintiff Lib. intra 11 C. Sect. 1. 6. An infant borrows money B. is bound to pay it at full age the infant promises to save him harmlesse action lyes upon it for although the infant is not lyable in law yet in conscience he was and this sufficeth for the consideration Trin. 29 Eliz. Ban. Regis adjudged A Widow promiseth for following her Suits to pay 200 l. this is not good for it is maintenance per 2 Justices but Dyer against them because it did not appear that they were Suits in Law 19 Eliz. Dyer 356. A. promises 10 l. to B. if he suffer C. to enjoy the Land there although C. enjoy it not yet if A. agree and do not interrupt C. the Action lyes Pasch 15 Jac. Ban. Regis Taylor Wilks A. being a Coppie-holder makes B. his Executor and intends to surrender to the intent that B. should satisfie a debt to D. the son of A. promises that if he do not surrender but suffer the Land to descend he will satisfie the debt A. dyes B. shall have an action against the son for it is a good consideration Hill 9 Jac. Ban. Regis Gray versus Gray A. promises to pay to B. for his reasonable board for such time as he shall be with him B. shews that he was with him ten moneths and that 5 s. the moneth is reasonable amounting all to 50 s. this is good Pasch 30 Eliz. Ban. Regis Floyd Irish 2. A. being sick in an Inne B. promises to pay as much as shall be due for all necessaries that the Inne-keeper shall provide for A. yet in the Action the Inne-keeper shall say in the Writ and Count that he did provide necessaries til such a day until c. in all to the value of 20 l. forasmuch as the promise was generall the Writ is good 2. It is inconvenient to shew all things that he did provide c. the same law is for a Physitian per Dodderidge Justice Pasch 13 Jac. Ban. Regis Crips Baynton 1. For money upon the sale of any personal things 33 Hen. 8. br Action upon the case 105 110. 2 Rich. 3. 14. Com. 102. For in every contract there is an Assumpsit implyed Coke 4. part 94. Slades case the Count needs not shew but soepius requisitus Pasc 28 Eliz. Com. ban 2. In an action for money upon the sale of a thing he needs not count that he was possest ut de bonis propriis Trin. 7 Jac. ban Regis Fitz. william Blackman 3. Against a purveyor or servant that bought goods for his Master and promises payment Dyer 230. pl. 56. 12 Hen. 8. 12. 4. Against him that promises to a Baker to pay so much as he shall deliver in bread to B. 29 Hen. 8. 25. 5. Upon a promise to pay for cloath bought if B. doeth not 12 Hen. 8. 12. 6. A. brought an action and shewes that he sold a horse to B. at such a day year and place to be payed at a day to come and the Defendant ad tunc ibidem ratione praemissorum assumes to pay if c. this is nought for the contract and the giving of day to B. ne fuit ad instantiam of the Defendant but compleat before Pasch 9 Jac. Ban. Regis Farmer Field 7. A. promises to pay to B. such Sums of money as B. shall disburse of his own money for cloath to the use of the Defendant this is a good consideration by the buying of the cloath the property was in A. forthwith Trin. 9 Jac. Ban. Regis Moore Moore 8. A. sold to B. two wayes of Barley for as much as he sold to others the Plaintiff in the Action ought to count 1. for what he sold to others 2. ought to give notice of this to B. So if A. promise to B. 20 l. if he marry C. yet B. ought to have notice of the marriage but a Tayler may have an action for as much as he shall deserve and is not bound to give notice what he shall deserve because it is not incertain Hill 13 Jac. Ban. Regis Hall Heminge 1. Against a Seller of corn to be delivered at a certain day and dotht no 21 Hen. 6. 55. 20 Hen. 7. 9. 28 Hen. 8. Dyer 22. pl. 138. fol. 113. pl. 55. Coke 4. part Slades case 94. B. 2. For delivering good and merchantable corn and doth not 6 Edw. 2. 6. Dyer 75. pl. 23. Lib. Intra 4. B. Sect. 2. The judgement For not delivering of grain yearly quaere if
Note that there shall be no Enterpleader unlesse the Defendant pray it 18 Edw. 3. 22. pl. 3. If the parties are by Attorneys day shall be given over because they shall not enterplead but in person 9 Edw. 3. 334. pl. 12. 24 Edw. 3. 24. pl. 3. And if one come at his day by Attorney the other shall not have judgement against him 9 Edw. 3. 334. pl. 12. Upon several Baylments there shall be no Enterpleader 19 Hen. 6 2. pl. 6. But if the Defendant said that he was Joynt-tenant absque hoc that it was several 19 Hen. 6. 3. pl. 6. In Detinue the Defendant pleads another Writ hanging per another and prayes Enterpleader and it was granted for the mischief that might be for otherwise both might recover the Deeds and so be twice charged 3 Hen. 6. 43. pl. 20. But there ought to be two several Writs depending 3 Hen. 6. 35. pl. 31. and these ought to be returned at one day 9 Hen. 6. 36. pl. 9. If the Defendant and the Garnishee do not agree in plea there shall be no Enterpleader 14 Hen. 6. 11. There shall be no Enterpleader unlesse the Defendant alleadge that both demanded one thing 8 Edw. 4. 6. If the Defendant after Garnishment make default yet there shall be an Enterpleader 2 Rich. 2. Enterpleader 13. If it be returned at several dayes then a day shall be given over at which day they shall Enterplead 33 Hen. 6. 25. pl. 8. But if two bear the same date then he that first comes and demands answer shall be answered 19 Hen. 6. 4. Lib. intra 213. A B. Sect. 1. Otherwise he that the Court assignes 19 Hen. 6. 4. Barre in Detinue 1. Of Chattels 2. Of Deeds Accord is a good Plea in Detinue of any goods personal Coke 9. part 78. B. Petoes case Barre that the goods were attached and delivered to him only the custom of the Citie Lib. intra 112. C. Sect. 5. A. lent sheep to a woman sole which took a Husband which commanded the owner to take them again who refused this is a good barre as to the baylment in Detinue 43 Edw. 3. 21. 10. A good barre that they were lent to deliver over of the which he had a deed Nat. br 138. M. A good plea by the Executor upon baylment to the Testator that he had delivered them to him that had the right 9 Hen. 6. 58. A. Detinue is no plea that the Plaintiff gave him the goods because he may wage his Law 22 Edw. 4. 29. pl. 10. Detinue upon Trover the Defendant pleads that he did distrain for Rent reserved upon a Lease a good barre 27 Hen. 8. 22. pl. 15. In Detinue of a Horse a good plea that he did estray and that he proclaimed him and offered the horse to the owner if he would pay for his meat No. Lib. intra 169. D. Sect. 2. A good barre to say the Horse was sick in Detinue at the time 21 Edw. 4. Detinue br 42. Non detinet a good barre Lib. intra 211. D. Sect. 1. 2. fol. 112. C. Sect. 4. 5. And this may be by the Country Lib. intr 211. D. Sect. 1. and 112. Sect. 4. C. Or by wager of Law 22 Edw. 4. 29. pl. 10. Lib. intra 112. C Sect. 5. 5 Edw. 3. 145. pl. 4. 27 Edw. 3. 83. pl. 6. 4 Edw. 3. 41. Although the baylment be by deed for the detinet is the substance 27 Hen. 8. 22. pl. 14. An Executor may wage his Law 11 Hen. 6. 40. pl. 25. 3 Hen. 6. 38. Martin Non detinet by the Law although the baylment be by others hands 8 Hen. 6. 10. pl. 26. 33 Hen. 6. 8. B. Moyle Executor pay a debt to the value of the goods and dyes this is a good barre in Detinue brought by the surviving Executor 3 Eliz. Dyer 187. pl. 6. The Defendant said that the Plaintiff pledged them for money which is not paid this is a good barre 34 Hen. 6. 42. pl. 13. Corne lent c. and it perisheth this is no barre Doct. stud 129. A. A horse used in other manner then was agreed no barre if he perish But if he be used in the same manner if he perish not in Default of the Owner to whom he was lent a good barre Doct. Stud. 129 A. No plea for a Carryer or Ferry man that he was robbed Coke 4. part 84. Southcots case 2 Hen. 7. 11. B. Townsend So if goods are delivered to keep Coke 4. part 83. B. But it is a good plea if they are taken to keep as my own Coke 4. part 83. Recovery in Travers a good barre in Detinue 20 Hen. 7. 58. B. Crooke The baylment is not traversable where he may wage his Law 8 Edw. 4. 3. pl. 7. No barre that the Horse was sold in a market overt unlesse it were tolled for according to the Statute 1 2 Phil. Mariae cap. 7. Detinue for Deeds as Heir Bastardy is a good plea 35 Hen. 6. 9. pl. 12. A. bayled to B. to rebayl and dyes having two sons which makes petition he which had the Land comprehended in the deed infeosses B. this is a good barre 17 Edw. 3. 12. pl. 45. Warranty and assets is no barre against the issue in Tayl in Detinue 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4. Rebaylment in another Countie a good barre because he cannot wage his Law 22 Hen. 6. 15. pl. 27. Release per the Plaintiff a good Barre Lib. intra 290. B. Sect. 1. Defendant pleads baylment by the Plaintiff upon condition that if his wife survive the Plaintiff that the Defendant should retain it and that his Wife is alive a good barre but then he ought to shew what lands they concern 18 Edw. 4. 18. Infancy is no plea because he may avoid an obligation in debt 14 Hen. 6. 11 pl. 41. A good barre that the Garnishee brought a Detinue against the Defendant and prayes Garnishment against the Plaintiff which makes default and he had judgement 34 Hen. 6. 47. pl. 13. 21 Hen. 6. 35. pl. 2. per Newton Garnishee pleads release between this action brought and the delivery quaere 20 Hen. 6. 28. pl. 23. 49 Edw. 3. 13. But the 39 Edw. 3. 13. adjudged that it is a good barre The judgement in Detinue 1. Of Chattels 2. Of Deeds 1. Quod praedictus W. recuperet versus praefat J. praedicta octo quarteria frumenti vel valorem eorundem No. Lib. intra 169. C. Sect. 1. Lib. intra 218. B. Sect. 4. dampna sua c. and upon the return of the Writ if it appears that W. did not deliver the corn then the judgement shall be for the value with damages and costs The Plaintiff shall have judgement to recover the thing named 17 Edw. 3. 45. 1
   Ban. Regis Judgement given   Superior Chancery In Court of Record  Com. Ban.  Exchequer   Prescription  Custome   Inferior by Pattent   Common-Right  Court Baron For principall Not of Record  County For damages and losses   Antient Demesn in any Mannor For Fine or Amerciament   Marchant  Out of Court Statute Staple    According to 23 Hen 8.   Recognizance   Account at common law   Arbitriment    By law or Ordinance  If a man brings debt upon a recovery in com Ban. he ought to bring it in Middlesex wherethe record is because it is the Originall but a scire facias to execute one Judgement shall be where the Originall was because it ought to follow it Hil. 9. Jac. Ban. Regis Musgrave versus Wharton Arrerages recovered in a scire facias upon Judgement in annuity against the predecessors debt lyes upon it Nat. br 122. E. 22 Edw. 4. 1. pl. 6. Debt recovered in court of Pypowders and debt brought upon it in com ban super tenorem recordi and good 7 Hen. 6. 19. If a man recover damages in wâ—st he shall have debt for the damages Nat. br 122. C. 43 Edw. 3. 2. pl. 5. the count Lib. intra 197. C. sect 15. Debt for damages in Assize 32 Hen. 6. 29. pl. 23. but then this ought to agree with the Record the count Lib. intra 194. D. sect 7. So for damages in a Mort-dauncester 46 Edw. 3. 25. pl. 10. The Plaintiff in com ban is non-suited and the record removed by writ of error the defendant shall have debt for his costes 29 Hen. 8. Dyer 32. pl. 5. Damages recovered in antient demeasne and the tenour of the record was removed by Cercâ—orari debt lyes upon it for the damage 39 Hen. 6. 3. pl. 5. count Lib. intra 195. C. sect 11. Damages recovered before the Mayor of Hull debt lyes there 11 Hen. 4. 12. Debt lyes for a fine Coke 8. part 41. B. Greisleys case 7 Hen. 6. 2. B. Debt lyes for an amerciament in a Leete Lib. intra 151. B. sect 1. 23 Hen. 8. br Leete 37. The count Lib. intra 151. B. Debt lyes in a Court barron No. Lib. intra 118. B. sect 1. Debt lyes upon a Statute Merchant Staple and according to the 23 Hen. 8. Nat. br 122. C. 11. Hen. 6. 49. pl. 7. Debt lyes upon a Recognizance Nat. br 122. C. 11 Hen. 6. 49. pl. 7. Eliz. Dyer 306. pl. 63. The count Lib. intra 192. B. sect 1. Or upon the tenor of the Recognizance 39 Hen. 6. 3. pl. 5. 22 Eliz. Dyer 369. pl. 52. So upon a Recognizance taken before the Mayor of Hull 36 Hen. 6. 2. pl. 2. Debt brought upon a Recognizance after the Recognizance and afore the enrollment and good Passc 43. Eliz. com ban Debt lyes upon arrerages of Account at the Common law the count Lib. intra 149. A. sect 1. Also a Bayly shall have debt upon the surplusage of account Nat. br 121. I. 38. Hen. 6. 5. 19 Edw. 2. Debt 176. He ought to count the place and day where the Auditors were assigned Hil. 32 Eliz. com ban Lord Dacres case But if the Lord will not hear his account he hath no remedy for the surplusage 7 Edw. 3. 12. per Herle But not by a Receiver 38. Hen. 6. 5. pl. 14. Mich. 12. Jac. ban Regis Countesse de Suffolk versus Floyde But a receiver for Merchandize shall have it 38 Hen. 6. 5. Prisott et Moyle Debt lyes upon an Arbitrement Nat. br 121. G. Coke 9. part 92. B. the count Lib. intra 153. C. sect 1. Debt lyes upon an ordinance or by law Coke 5. part 64. A. A Paine upon one in a leete to reform a nusance and afterwards it is presented that it is not done the Lord shall have debt 23. Hen. 8. br Leete 37. Penalty inflicted upon one in London per the common counsell debt lyes for it in Ban. Regis Mich. 9. Jac. ban Regis Debt lyes for the daughter for Ayd to marry her Nat. br 83. A. et 122. G. A man having an annuity of the King delivers a writ to a customer which hath assets he shall have debt Nat. br 121. F. So if he deliver a Talle to a customer 27 Hen. 6. 9. pl. 1. So if he deliver a Talle to a collector of tenths and fifteens 37 Hen. 6. 15. pl. 5. Debt pro rationabili parte bonorum where the custome gives such part Nat. br 122. L. 3 Edw. 3. Debt 156. The count was that the sonne or daughter which is not heir nor preferred in the life of the father shall have a reasonable part and shewes the things to the value c. Lib. intra 564. B. sect 1 But shall not have this writ but where such custome is 40 Edw. 3. 38. pl. 13. Mowbray 7 Edw. 4. 20. pl. 23. For it cannot be founded upon Magna charta cap. 8. because it is but only foreprised Regist orig 141. B. 30 Edw. 3. 26. A. Seton But other Bookes say it lyes at Common-law Nat. br 122. L. Glanvil Lib. 12. cap. 20. 17 Edw. 3. 9. pl. 29. And the account is upon the common law No. Lib. intra 565. A. sect 2. So debt lyes where the custome is that the heir shall have the principall goods 30 Edw. 3. 2. pl. 9. 39 Edw. 3. 6. pl. 24. et fol. 9. pl. 15. Executor shall have debt for a relief because it is but an improvement of the service Coke 4. part 49. B. 34 Edw. 1. Avowry 233. 11 Hen. 6. 15 pl. 4. And it is a chattell to the executor 34 Edw. 3. Advowry 233. But the Lord shall not have debt Coke 4. part 49. B. 7 Hen. 6. 13. For it is no chattell to the Lord 34 Edw. 1. Avowry 233. Tolle shall be recovered by debt 20 Hen. 7. 1. pl. 2. but vide librum et quaere Debt lyes for Escuage after that it is assessed per parliament for then it is a duty certain Crooke 133. pl. 111. Debt lyes upon a simple obligation count Lib. intra 178. B. sect 1. Vide versus Attorney vel sarvientum ad legem fol. 174. D. sect 5. et 6. Debt upon a bill to pay within a moneth after that the Plaintiff shall come from Jerusalem he needs not give notice to the defendant because he is bound to pay it at his perill Hil. 9. Jac. Ban. Regis Edmonds Obligation with condition to performe covenants No. Lib. intra 130. B. sect 14. Obligation to discharge and save harmeless the shrieve of all escapes of persons in execution A good breach to shew that one was in execution per capias c. and suffered him at large without shewing 1 that he was at large 2 without giving notice and request to save him
executrix and devises his goods to her this is a good releas of the debt for if the obligee make the wife of the obligor his executrix this is a release in Law because it is suspended by the act of the party Trin. 12. Jac. com ban Fryer versus Gildridg A release of all advantages in account a good barr in debt upon an account 9. Edw. 4. 49. Coke 8. part 152. A. Althams case A. is bound to B. to the use of C. the release of C. is a good barr 36 Hen. 8. br obligation 27. Defendant said that the agreement was for the obtayning a benefice this is nought 1 the statute makes the contract void 2. It cannot be averred out of it Mich. 40 et 41 Eliz. com ban Gregorie versus Olden Defendant pleads that the obligee accepted of a statute for the obligation after the day this is no barr because the obligation is in force notwithstanding Coke 6. part 44. B. Higgins case The condition was to save the surety harmlesse no plea that the former bond was usurious because the counter bond was not for payment of money Mich. 40 et 41. Eliz. com ban ban Dowman versus Button The Judgment in debt The Judgement Lib. intra 173. B. sect 1. Arrerages of account the executor pleads no such account or nothing in arrere or outlary in the plaintiff and it is found against him the Judgement shall be de bonis Testatoris 34 Hen. 6. 22. A. Danby A covenant broken after the death of the Testator the Judgement shall be de bonis Testatoris 15 Eliz. Dyer 324. pl. 34. Nothing in Arrere in debt for rent due in vita testatoris or no such lease the Judgment shall be de bonis testatoris 34 Hen. 6. 22. A. Danby Accquittance or release pleaded and found against him if it be pleaded and made to the executor the Judgement shall be generall 11 Hen. 6. 8. A. Danby 34 Hen. 6. 24. A. Prisot Non assumpsit of the Testator to pay the debt the Judgement is of costs and damages of suit de bonis propriis if the Testator had not sufficient No. Lib. intra 1. B. sect 1. The executor found in a Cheft a graunt of the next avoydance made to the Testator and presentation there upon a Recovery in a quare impedit against him the Judgement shall be of his proper goods 34 Hen. 6. 22. B. Prisot Coexecutor pleades and found against him the Judgment shall be de bonis testatoris 9 Hen. 6. 44. 11 Hen. 6 7. 34 Hen. 6. 32. A. Confession of the Action by the executor the Judgment shall be generall against him because he ought to have pleaded that he had not more then 20 s. and against the other executor it shall be de bonis testatoris 14 Hen. 4. 12. pl. 1. Hull And by 33 Hen. 6. 2. it shall be of the goods of the testator if he hath none for damages of the goods of the executor that confesses the action But 4 Eliz. Dyer 210. pl. 23. it shall be but de bonis testatoris against both 28 Hen. 6. 3. pl. 13. 40 Edw. 3. 2. pl. 3. So in a Rationabili parte bonorum upon confession of one executor 28 Hen. 6. 4. pl. 20. 33 Hen. 6. 24. pl. 1. Ne unques executor found against him shall be generall 11. Hen. 4 5. 11 Hen. 6. 8. A. Danby But the Judgment shall be de bonis testatoris si c. and if not de bonis propriis 9 Hen. 7. 15. pl. 1. 2 Edw. 4 4. 33 Hen. 6. 23. 11 Hen. 6. 10. B. One pleads ne unques executor the other plene administraevit but 40 s. and found against the former and Judgment given that there should be recovered against both as much as there was in their Hands and the residue against the other 11 Hen. 6. 37. B. Paston 46 Edw. 3. 9. B. One dyes intestate and Administration is committed to D. by the ordinary and he comes as servant to D. to administer absque hoc that he did administer in any other manner this is no plea because he did not shew that it was the ordinary of the place and Judgment de bonis testatoris 31 Hen. 6. 13. pl. 5. 17 Edw. 3. 20. pl. 58. where an executor pleaded non est factum and found against him there the Judgment against him for all of the goods of his own as well as of the goods of the testator and against the other of the goods that he had at the day of the writ vide 17 Edw. 3. 20. pl. 1. stat 9. Edw. 3. cap. 3. statute 1. 17. Edw. 2. 46. pl. 3. Plene administravit the Judgment is for so much of the principall as they had and for damages de bonis testatoris si c. and if not then for damages de bonis propriis and for the residue as much as they had Coke 8. part 134. Shipleys case 34. Hen. 6. 32. B. Prisot com 440. B. Pepyes case vide 17 Edw. 3. 66. pl. 83. 46 Edw. 3. 9. pl. 6. Judgment speciall for the debt Upon such plea the defendant prays execution forthwith because it is a confession of the debt but no execution untill the defendant had goods of the testators Coke 8. part Shippleys case vide 21 Hen. 6. 40. But if it be found to the defendant no scire facias lyes against them 4 Hen. 6. 4. pl. 8 Unlesse he prays Judgment upon the plea. But yet 33 Hen. 6. 24. pl. 1. is that a scire facias lyes yet Coke 8. part 53. A. Syms his case that if it be for land he shall not have a scire facias because there is no record upon which it may be founded If the heir confesse the action for as much as did descend then there shall be a special Judgment against him of so much as did descend Com. 440. A. Pepyes case 22 Eliz. Dyer 373. pl. 4. the Judgment Lib. intra 172. D. But if he plead any other plea and it be found against him the Judgment shall be generall Com. 440. Pepyes case So if he confesse the action and shew as much as descends if it appear to the court that the profits from the time of the descent untill the time of the execution are sufficient for the debt per Dyer 18. Eliz. Dyer 344. pl. 1.  1. For the plaintiff  2. For the defendant Execution in debt 3. Of what Lands  4. Of what goods At the common law it was but a scire facias Coke 3. part 12. or a levari facias Coke 3. part 12. A. and this is of chattells and profit of Lands and Rents com 441. A. Pepyes case And this only within the year for if the year were past the party was put to his action of debt Coke 3. part 12. A. Harberts case unlesse the proces be continued 33 Hen. 6. 49. pl. 33. But for Recovery against an heir then it was but one Liberate com
In Appeal or Pleas of the Crown or in any proceedings upon them Or to the Writ Bill or Action Informations upon popular or penal Statutes Error in Law by misprision of the Judges in the judgement entred in another term Coke 5. part 57. B. Specots case Action upon the case in Cur. Wallingford the judgement was quod deft capiatur this is error being but an Action upon the case Trin. 9 Iac. Ban. Regis Northcot versus Heywood Concessum est where it should be Consideratum est this is error although there are 21 Presidents in my Lord Cooks Reports for by Man Secondary the Books are false printed Mich. 18 Iac. Ban. Regis Rot. 641. and by Williams if it be videbitur Curiae this is erroneous If it be Capiatur against the Defendant in Ejectione firmae Mich. 8 Iac. Ban. Regis Rot. 232. Dolby versus Holbrook It is ordeined per 27 Eliz. cap. 8. that if Error be brought in the Chequer upon a judgement in Ban. Regis they shall not assign in the Jurisdiction of the Court or in form of the Writ Return Plaint Bill Declaration Pleading Process Verdict or Proceedings And also there is a Proviso if it be in debt detinue account covenant ejectione firmae traverse action upon the Case The party cannot shew Error in Process in delay unless he shew that it is for his disadvantage 7 Edw. 3. 25. Coke 8. part 59. A. Beechers case Nothing that is contrary to the Office of a Judge shall be assigned for Error Nat. br 21. B. 7 Hen. 7. 4. Granting of Ayde where it shall not be is not Error so of Receit 7 Edw. 4. 12. 21 Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9. 11. 14 Hen. 6. 5. pl. pl. 25. So of Garnishment 14 Edw. 4. 1. pl. 3. So of making Attorney Nat. br 22. D. 21 Edw. 4. 77. But denyal of Ayde or Receit where it ought to be is error Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9. When the Visne is mistaken Replevin the Defendant prescribes to have all the Pasture of such a place in in W. except Common for the Inhabitants of D. and the prescription being traversed the Jury was of the Visne of W. only and this was a good rule in Error because the exception to the Inhabitants of D. was voyd therefore this was not in issue Trin. 11 Iac. Ban. Regis Wicker versus Stockeman Waste brought the Issue was for certain Oaks cut for repairing of the Castle of Burrum the Visne was of the Village of Burrum where it should have been of the Castle of Burrum this is Error Hill 12. Iac. Com. ban the Countess of Cumberlands case Trover and Conversion brought in Coventry upon not guilty pleaded the Visne was De Vicineto Civitatis Coventriae and this shewed in arrest of Judgement sed non allocatur and Error upon it brought and it seems that by Williams and Yelverton Justices that it is Error for it shall be of Coventry for Vicinetum is of the Neighbours and excludes the City and the Shrieve of the County ought to make it out 7 Hen. 6. 36. B. 4. Edward 4. 39. 7 Henry 4. 12. 80. Enquest 36. quaere tamen for the Court did advise about bringing a new Action Pasc 9. Iac. Ban. Regis Procter versus Clyfton Trespass for lopping of Wood in Hurslay the Defendant pleads that the place is parcel of the Mannor of Mamden in the Parish of Hurslay and the Custom is that the Copyholder may cut c. and found for the Plaintiff and the Visne was of Hurslay and it was moved that it was not good for the Parish is not certayn because it may comprehend more Villages but it was good per Curiam because Hursley shall be taken to be a Village and Parish and shall not be intended that there are more Villages in one Parish 5 Edw. 3. 20. Mich. 9 Iac. Ban. Regis Brocke versus Spencer Hill 9 Jac. Ban. Regis Savil Cavendish Condition to pay mony in the Church Porch of the Parish of H. and pleads performance the Visne was of H. and yet good for as it seems the Village and Parish shall be intended all one and the Parish shall not be intended to comprehend more Villages Debt upon an Obligation and shews the breaking of the Condition because a stranger recovered the Land at Westminster upon a good Title where the Land lyes in Com. Berks the Defendant said that it was by Covyn without this that it was a good Title the Plaintiff said that it was upon a good title the Visne shal be of the County of Berks where the issue is joyned upon the good Title and where the Land lyes but contrary if the issue be joyned upon the County but it was said if it were a personal Action it shall be where the Recovery is alleadged Mich. 9 Iac. Ban. Regis Hausaker versus Kirby Ejectione firmae of Land in S. T. the Defendant pleads Feoffment of the Land by Deed at S. the Plaintiff said non feoffavit c. the Visne was of S. and T. and good and the alleadging of the feoffment at S. is idle for it cannot be but upon the Land Mich. 9 Iac. Ban. Regis Debt for 20 l. Defendant pleads that at another time the Plaintiff sued him in London in such a Parish and shews the Record certain c. and that he had exectution in another Parish c. the Plaintiff said that it was in debt for another 20 l. for the which execution was awarded absque hoc that the plaint and the execution was for the same 20 l. yet the Visne shall be in both parishes because the issue is as well of the execution as of the plaint 5. Edw. 4. 110. A. vouches B. which vouches C. and after issue tryed the former Voucher dyes this shall not be pleaded in arrest of Judgement but it is Error 21 Hen. 7. 80. pl. 1. Crooke but if A. dye he shall abate the sute in facto ibidem In detinue against A. he prayes garnishment against B. which comes and pleads and are at issue A. dyes the sute abates ibidem Bar in Error No bar to say the former Writ depending that the Plaintiff did infeoff another for he remains Tenant notwithstanding 21 Edw. 3. 53. 20 Assize 2. 12 Assize 41. Coke 1. part 111. Albanyes case In nullo est erratum a good Bar 28 Hen. 6. 10. 9 Edw. 4. 32. 15 Eliz. Dyer 321. pl. 21. But note upon Error in Deed this is no plea 7 Edw. 4. 16. 9 Edw. 4. 32. 3 Edw. 6. Dyer 65. 2 Mariae Dyer 104. pl. 10. Lib. intra 288. D. sect 1. 289. D. sect 1. No. Lib. intra 233 B. Release of Errors a good Bar 20 Edw. 3. Error 2. Littleton 116. B. Coke 8. part 152. Althams case 6 Hen. 4. 8. pl. 36. 5 Edw. 4. 96. B.
Inmate High Wayes Excessive 1. Bar. Grain 2. Justification Quoruplex Administrator Husband and Wife He to whose use Commoner Executor Woman Gardein in Soccage Parson King Tenant at will Tenant at sufferance 1. Amerciament Corrody Damage fesant Forfeiture Herriot Relief Rent Services Ancestor Feoffer Predecessor Ancestor Disseisor Infant Feoffor of the tenant Joynt-tenant Resyants Tenant Avowry Superior Inferior Annuall Antient seisin Amends Common Disclaymer Grant by Tenant in tayl Out of his fee. Note Injuria sua propria Ought to inclose and did not Coparcener Nothing in arreare Release Seisin Not seised Not seised within â—0 years Seisin avoided in avowry Tenure Tender Retorno habendo Nul Returno habendo Return irreplevivisable 1. At Common-law 2. At the Statute-law County Court Note Marshalsey Chancery Com. Ban. Regis Antient Demean Note Administrator Executer Administrator Alien Husband and wife Nota. Chaplain of A. Chapel Commoner He that hath not the soyl He to whose use Copyholder Disseisee Executor Goaler Church-wardens Heir Ravishment Grantee Heir Lessor Lessee Master Ordinary Parson Protected person Possessor Note King Queen Recusant Bishop Master of an Hospital Tenant at will Copyholder Tenant in common Tenant for anothers life Tenant at sufferance Outlawed Administrator Agreement Alien Attainted person Attorney Husband and wife Commandâ—r Body politâ—ck Dean and Chapter Maior Communality Disseisor Infant Executor Gardian Ideot Judge Auditors Miller Queen Lord. Deaf and dumb Tenant at will Tenant by sufferance Tenant in Common Meer-stone Shrieve Outlaw Inheritance Note Castle Messuage Mill. Piggeon-house Lane Meadow Wood. Park Forrest Chase Pond Tythes Trees Inheritance Fishing Warren Swans Toll Wreck Waif Estray Fellons goods Fair or Market Frank-foldage Chattels Real Sonne Daughter Heir Woman Battery Imprisonment Servant Apprentice Prisoner Captive Chattels personals Living Boare Oxen. Mastiff Capons Conies Deer Hawks Fish Bull. Capta fugata Hogges Capta fugata imparcata Capta interfecta Districta Note Impercata Catalla Percussa Catalla Tonsa Catalla Chattels dead Arrestata Wooll Capta asportata Money Coles Plough horses Writings Hay Corn. Tymber Ship Obligation Will. Coat VVine Cloathâ— Thâ—rnâ— Shocks of wheat Upon Judgment in Court out of the Realm Ireland VVales Dodderidge De priucipalitate 〈◊〉 â—iae fol 18 I le of Man 2. VVithin the Realm in Court superior as Parliamenâ— Ban. Regis Com. Ban. Exchequer Inferiour Court Assises Oyer Terminer Conusance granted to a City or Village corporate Judgement Note Forest Stannarieâ— Custom London Note Cinque-ports Village Common right Marshalsey Pypowder Parties Conusor Corporation Disclaym Non-tenure Survivor Outlawed Conspiracy Infant Retraxit Reversion Heir Prey in Ayde Patron Garnishee Tenant Vouchee Heir general Heir special Executor Administrator Successor King Bishop Reversion Estranger Conusor Tenant King Ireland Bill sealed Process Errors assigned Against whom a Scire facias in error shall be sued Other County Terretenant Former Judgement Cardein in right False Judgement Feofment Scire facias in Fellony Delay Error in London Diminution Note Assign errors Conusor Executor Party R vertioner Successor Sci. fa. Demurrer Record New writ of Error False Judgement Error without a day Bill sealed Challenge Priviledg Conusanee Pattent Bill sealed Transcript Priviledg Claim Record removed Proclamations Award Account Trespass Formâ—don Trespass Quare impedit Partition Day Record Praecipe quod reddat Transcript Statute Merchant Antient Demean Ireland Fine Recovery Infancy Feme Covert Husband Note Note 1 Original 2 Form 3 Count. 4 Pleading 6 Warrant 7 Appeal What things are amendable after verdict â— Material varience 3 Misprion of the Visne 4 Shreives Return 5 Jury 6 Venire facias 7 Verdict 8 Action 9 Crown 10 Law Iudgement Concessum est pro 〈◊〉 eratum est Jurisdiction of Court In proces Iudge Visne Visne In Replevin In waste Trover Conversion Trespass Condition to pay mony Obligatition Eejectment Debt Feofment In nullo est erratum Release Seisure Assize Information upon intrusion Quare impedit Redisseisin Utlawry
A SURVEY OF THE LAW CONTAINING DIRECTIONS how to Prosecute and Defend Personal Actions usually brought at COMMON LAW With the Judges Opinions in Several Cases To which is annexed The nature of a Writ of Error and the general proceedings thereupon With a plain Table for the easy finding out of every particular BY William Glisson and Anthony Gulston Esquires Baristers at Law Good communicated doubles it self Vivere nemo Nunc sine Lite solet nec sine Lege potest London Printed for Henry Brome at the Gun in Ivy-Lane and Thomas Basset in St. Dunstans Church-yard 1659. THE CONTENTS Of the BOOK 1. Accompt 2. Case 3. Covenant 4. Detinue 5. Debt 6. Ejectment 7. Quare Impedit 8. Replevin 9. Trespass 10. Trover c Wherein is plainly set down and demonstrated 1. What their several natures are 2. How many fold 3. In what court they most properly lye 4. Who may best bring them 5. Against whom 6. For what causes 7. What be Pleas and Barres 8. What Judgements and Executions The Epistle Dedicatory TO THE Professors Practisers Of the COMMON-LAW OF ENGLAND Candid Reader THis Tract in French was bequeathed to me by an Alliance William Glisson Esquire deceased which I have translated into our own Language for the Common benefit of all I am not singular in it for daily experience manifests the contrary neither is it a Novelty for Law-books to appear in this dresse Antiquity may be pleadâ—d Sr. Germin Perkins Stanford Crompâ—on Lambert Sr Henry Finch Dalton and divers others have in former dayes troden this path My desires are it may not be perused by those who read only to fault what they cannot mend but by those whose judicious Pen will correct the errors as Cognizances of humane frailty I wish it successful to all be he Pleader or Practiser and that the Common Law of England may shine forth in these Cloudy and ecclipsed dayes is the prayer of him who is A Well-Wisher to the Laws HEN. APPLEGARTH Staple-Inne January 20th 1658. 9 The Table ACCOUNT ACcount Fol. 1. Account against a Guardian in Soccage 1. In what Court Account lyeth a gainst a Guardien in Soccage 1. Who shall have a writ against Guardien in Soccage 2. Against what person Account lyeth as Guardien in Soccage 3. For what things Account lyeth 4. The Account against a Guardian Soccage 5. The proces against a Guardian Soccage 1 before appearance 2. after appearance 6. Bar by a Guardian in Soccage 1 to the Action of Account 2 Before Auditors 7. The Judgment against a Guardian in Soccage 1 of Account 2 to recover the thing ib. Execution against a Guardian in Soccage 1. per common Law 2 per statute Law 8. Ex parte talis 8. Account against a Bayly 1. of a Court or Hundred 2. of a Mannor-house c. 9. In what Court it lyes against a Bayly ib. Who shall have an Account against a Bayly 1. of a Court 2. of a Mannor ib. Against whom an Account lyeth as Bayly 1. of a Court or Hundred 2. of a Mannor c. 12. For what things Account lyeth against a Bayly 1. of a Court 2. of a Mannâ—â— 14. The Account against a Bayly 1. of a Court or Hundred 2. of a Mannor c. 15. The writs against a Baily 1. of a Court or Hundred 2. of a Mannor c. 16. The process against a Baily 1. before appearance 2. after appearance 17. Bar to a Baily 1. to an Action of an Account 2. before Auditors 18. Judgement against a Baily 1. of Accouut 2. to recover the thing 21. Execution against a Baily 1. per Common-law 2. per Statute-law 10. Ex parte talis by a Baily 22. Account against a Receiver 1. in Law 2. in Deed. 23. Against whom Account lyes as Receiver 26. For what things Acount lyeth against a Receiver 28. The Account against a Receiver 1 by others hands 2. by his own hands 29. The judgement against a Receiver 1. of Account 2. of a Receiver 34. The writ against a Receiver 35. The process against a Receiver 1. before appearance 2. after 36 Bar by a Receiver 1. to an action of Account 2. before Auditors 37. Execution against a Receiver 1. per Common-law 2. per Statute-law 3â— Action upon the Case QUid Quotuplex In what Court it lyeth 42. For doing of wrong to the dammage of another touching things hereditary 43. Against whom this lyeth 44. For what things this Action lyes 46. The Writ 55. The process 1. before appearance 2. after 55. The Judgement ib. For what things it lyes ib. For doing of wrong to the dammage of another touching his body 61. For doing a thing to the dammage of another touching his name which is slander 62. For the doing wrong to the dammage of another touching sutes in Law 72. For not doing which onght to be done by the Law touching a thing hereditary to the dammage of another 73. For not doing of things which ought to be done by the Law to the dammage of another concerning Chattels 81. For the not doing of a thing which ought to be done by the Law to the dammage of another touching his body 83. For not doing a thing that ought to be done by the Law to the dammage of another touching sutes in Law 83. Assumpsit FOr the not doing of a thing which ought to be done by the agreement of the party to the 〈◊〉 of another touching things hereditary 84. Assumpsit quid quotuplex ib. General Bar. 85. For not doing of a thing which ought to be done by the agreement of the partyes touching Chattels 87 The Judgement 98 The Writ 99 For not doing a thing which is to be done by Agreement touching the body 99 The Writ 100 For not doing a thing which is to be done by agreement of the parties touching sutes in Law 100 For not doing a thing where a man is bound to do it in one manner and he doth it in another 100 For negligent suffering a thing to be done to the dammage of another 101 Bar. 102 For deceit in bargains and agreements with warrant 105 For deceit in bargains and agreements without warranty 106 Trover and Conversion Quid quotuplex 108 Of what things it lyes 109 Covenant IN what Court covenant lyes 1. personal 2. real 113 Who shall have a covenant 1. personal 2. real 114 Against whom covenant lyes 1. personal 2. real 119 The Count in covenant 1. personal 2. real 125 Writ in covenant 1. personal 2. real 127 The process in Covenant 1. before appearance 2. after ib. Bar in Covenant 1. personal 2. real 128 Judgement in covenant 1. personal 2. real 129 DETINVE 1. QVid Fol. 132 2. Quotuplex ib. In what Court detinue lyes 1 of Chattells 2 of Deeds for Lands Fol. 133 Who shall have a Detinue 1. of Chattells 2 of deeds ib. Against whom Detinue lyes 1 of Chattels 2 of Deeds Fol. 139 For what things Detinue lyes 1 of Chattels 2
of deeds 142 Count in Detinue 1 of Chaâ—â—â—ls 2 of deeds 144 The Writ in Detinue 1 of Chattells 2 of Deeds 147 Tre Process in Detinue 1 before appearance 2 after 148 The Garnishment in Detinue 1 of Chatels 2 of deeds 149 Enterpleader in Detinue 1 of Chatels 2 of deeds 150 Bar in Detinue 1 of Chattels 2 of deeds 151 The Judgment in Detinue 1. of Chattels 2. of deeds 155 Execution in Detinue 1. of the Defendant 2 against the Garnishee 3. of what Lands 4. of what Goods 156 DEBT DEbt in what Court it lyes 159 Who shall have Debt 160 Against whom Debt lyes 169 For what things Debt lyes 180 Judgment in Debt 188 The Writ in Debt 1. in the County 2. in Com. Ban. 193 The Process in Debt 1. before appearance 2. after 198 The Bar in Debt ib. The Judgment in Debt 217 Execution in Debt 220 EJECTMENT IN what Court it lyes 223 Who shall have an Ejectione Firmae 224 Against whom Ejectment lyes 226 Of what things an Ejectment lyes 227 The Count Generally 230 The Writ 231 The Proces 1. before appearance 2. after 232 The Bar. ib. The Judgment ib. QVARE IMPEDIT QVid 234 In what Court it lyes ib. Who shall have a Quare Impedit 235 Against whome a Quare Impedit lyes 253 Quare Impedit of what disturbance it lyes 254 Quare impedit of what things it lyes 255 The Count in Quare Impedit 256 The proces in Quare Impedit 1. before appearance 2. after 258 In a Quare Impedit 1. by the Ordinary 2. by others 260 Good causes of refusall in a Quare Impedit 262 These are not ib. These are likewise good causes of refusall 263 Who shall pléad plenarty and who not 266 Against whom plenarty was is no plea 267 Judgment in a Quare Impedit 1. when he shall have Judgment 2. of what things he shall have Judgment 268 The Writ to the Bishop to whom it shall be directed 271 Proces in the writ to the Bishop 273 Of what things a man shall have Judgment ib. A Writ to the Bishop and single damages 274 A Writ to the Bishop and double dammages 276 Single damages and no writ to the Bishop 277 Double damages and no writ to the Bishop ib. Two writs to the Bishop 278 In what court and what Judges have power to award a writ to the Bishop ib. NE ADMITTAS WHat person shall have it 279 In what cases it lyes ib. Within what time this ought to be brought 280 The Writ ib. The Proces ib. QVARE NON ADMISIT OVt of what court this Yssues ib. What person shall have it 281 Against whom it lyes ib. In what case it lyes ib. The Writ 282. The Count. ib. The Bar. ib. The Judgment 283 Quare Incumbravit IN what Court it shall be brought 283 What person shall have it 284 Against whom it lyes ib. In what cases this lyes not ib. The writ 285 The count 286 The Process ib. The bar ib. The judgement 287 Replevin IN what court it lyes ib. Who shall have a Replevin 288 Against whom a Replevin lyes 290 Of what things a Replevin lyes ib. The writ 292 The process 1. of a man replevyed 2. of chattels 293 Second Deliverance 295 In what case a man may distrain 296 Of what things a man may distrain 301 What person shall distrain 303 At what time a man may distrain 304 In what place a man may distrain 305 What distress shall be sold 307 What shall not be said to be a Distress excessive ib. 1. The Bar 2. Iustification 3. Conusance 4. Avowry 308 Who shall avow 310 For what things a man may avow 311 Seisin in avowry in whom it may be alledged 313 By what hands Seisin shall be alleadged 314 In what time Seisin ought to be alleadged 315 VVhen it is not requisite to alleadge Seisin ib. VVhat Seisin shall be good ib. Bar to an Advowry ib. Iudgement 323 Trespass IN what court Trespass lyes 328 VVho shall have Trespass 329 Against whom Trespass lyes 341 For what matters Trespass lyes viz. for the doing of wrong to the dammage of another 1. touching Inheritance 2. touching chattels 3. touching the body 349 Error IN what Court Error shall be redressed 361 VVho shall have a writ of Error 373 The Writ of Error 377 The Process in Error 1. upon a judgement in Ireland 2. upon a Billsealed 3. judgement in another Court 387. Diminution in Error 1. by whom 2. in what cases 3. at at what time 380 The assignments of Errors 1. by whom 2. at what time 3. upon what Record 4. of what things 382. Bar in Error 397 Iudgement in Error 1. for the Plaintiff 2. for the Defendant 3. for both 398 Execution in Error 401 ERRATA PAg. 14. l. 4. r Burgi sui p. 17. l. 4. quindecim p. 32. unque p. 55. l. ult r. cards p. 69. l. 16. r. perjury p. 229. r. Hoes p. 142. l. 25. r. Marcii p. 116. l. 23. r. conventione p. 154. r. partition p. 199. Denbawds l. 15. this may be by the Law p. 208. r. no bar in debt p. 231. l. 24. r. Ed. 4. p. 233. r. judgment upon demurrer p. 234. r. terminari l. eadem debent p. 240. l. 18. r. impersonee p. 246. l. 26. r. vested p. 250. r. so against a stranger that usurps in their turn p. 255. l. 12. r. Ecclesiae p. 262. l. 8. r. perjury p. 280. I. 9. r. Ecclesiam l. ult vacation p. 309. l. 14. r. two p. 310. l. 4. r. intestat p. 227. l. 14. r. law p. 331. l. 19. r deere p 332. l. penult r. not p. 339. l. ult r. trespass p. 340. r. they l ead r. their tenements p. 341. r. Administrator takes the Goods B. proves a will p. 345. l. penult r. Edw. 4. p. 249. l. 19. r. is impeached 374. l. 16. r. trespass p. 360. l. 3. jurat p. 361. l. 16. r. dead p. 374. prayer p. 380. l. 19. r. in such case p. 390. l. 12. r. br 10. p. 392. r. Coroners ACCOMPT  Common Law By act of Law Gardian in Soccage Next of Kin.     A Stranger Accompt is by Bayly of a Court or Hundred in Law in case of a subject of a Maâ—nor house c. in deed in case of the king By his own act   Receiver By other hands in law in case of a Subject By his own hands in deed in case of the King Statute Law Marlebridge cap. 17. Against a Gardein in Soccage Marlebridge cap. 23. Against a Bayly vagaâ—ant Westm 2. cap. 23. For Executors  2â— Edw. 3. cap. 5. For Executors of Executors 3. Edw. 3. cap. â—1 For Administrators  23. Hen 8 cap. 8. Collectors for repairing of Goalâ— shall accompt to Justices of peace 2. 3. Mariae cap. 8. Against Head-Constables or Church-wardens  43. Eliza. cap. 2. Overseers of the poor shall accompt to Justices of peace  1. Jacobi cap. 9. Against
ibideus Michaelis 9. Jac. Ban. Rigis Ward versus Cheshire The Plaintif counts that he is seized in fee of a Kitchin in parochia sancti Dunstani in London and prescribes to have windows in the backside of the Defendant and his stopping up of maximam partem c. port action and upon not guilty found per quaer and moved in arrest of Judgement 1. He did not shew that the kitchin was antient but it was resolved that it was implyed in the prescription but by Williams this was was not material but Crook e contra by the custome of the city it ought to be stopped if not antient 2. For that the quantity was not shewed but resolved it need not be Coke 4. part 49. Com. 249. neither shew the Parish in which the back-side is sed non allocatur because the stopping of the light is the material point and it was shewed where it was and the Plaintiff had judgement Hill 9. Jac. Regis Hughes Keme A. had an antient house in London B. builds a new one which stops the light of A. per Curiam 1. that a man cannot by the custom of London erect a new house where there was not one before to stop the lights of the antient house 2. Upon an ancient foundation a man may erect a new house and stop the antient lights of his neighbour for by the same reason that his neighbour erected his house more high may the other at any time erect his but he cannot enlarge his in breadth or length to stop the lights of his neighbour vide 22 Hen. 6. 15. For removing a plaint out of my Mannour without cause 27 Hen. 6. 4. For taking an estray within my Mannour or liberty 13 Edw. 3. breve 674. 31 Edw. 3. breve 333. but ibidem it lyes not before seisure For removing a Meerstone though one of them be Tenants in Common 1 Hen. 5. 1. Lib. intra 9. C. sect 1. 1. For disturbing my customers to come to my Mill 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45. 2. For erecting a new Mill Lib. intr 9. B. sect 2. D. sect 1. 1. For disturbing to take seisure of an office 6 Edw. 3. 9. 2. For disturbing the steward to hold Court Lib. intra 5. B. sect 1. 3. For disturbing to take the profits which belong to the office 9 Rich. 2. action sur case 5. 4. Against an Escheator that returns contrary to that which was found by office 9 Hen. 6. 60. 5. If he returne where no office was found 21 Edw. 4. 23. et 27. for he is not Judge but officer 9 Hen. 6. 60. 6. For procuring a false office to be found by which my land is seised 47 Edw. 3. 15. kitchin 175. A. For erecting of a Dyhouse which poysons my water by reason whereof my Fish dyes Coke 9. part 59. A. Aldreds case 1. For releasing me with warranty and procuring an other to sue me 34 Edw. 3. 20. 1. Against Tenant in precipe which hath protection allowed to Westm for one yeare and within the year he stayes at Gloucester 15 Edw. 4. If I sue a School-master for erecting a school in the same Town the action lyes not for it is no nusance 11 Hen. 4. 47. pl. 21. 22 Hen. 6. 14. prisott If A. sayes that B. hath right in my Land for years Action Lyes Coke 1. part 177. Mildmays case No. Lib. intra 30. A. sect 27. but I ought to shew how I am prejudiced A. brought an Action upon the case against B. because that he published that he had the lease of the land of A. and that he intended to sell it and was hindered B. said that he had an Indenture as in the Count is mentioned and traverseth that he forged it 1 when B. claims a right though he had none yet the Action Lyes not 2 the Count is good because it is that it was against the knowledge of B. that it was forged 3 sciens is not traversable Coke 4. part 18. A. case 14. 1. For stopping a ditch by which my land is surrounded Nat. br 88. E. 89. M. 39 Hen. 6. 32. 11 Hen. 4. 82. 14 Hen. 8. 31. For not scouring a Ditch by which my land is over-flowen Regist orig 100. A. For breaking of a seabanke by which my land is surrounded Nat. br 86. F. 89. B. â—t C. Regist orig 95. A. It lyes not for erecting of Cony-burroughs by which I lose the profits of my land because the party had no property in them Coke 5. part 104. Boulstons case 1. If one hath the trade of a Bakehouse by prescription for the whole Town and another erects another and sels an Action lyes Coke 8 part 125. case of London 19 Rich 2. Action sur case 52. 2. For using the trade of a Dyer in R. without Licence of the Arch-Bishop of York Regist orig 105 106. Coke ibidem 3. The king grants to A. the sole seisance of play-cards yet A shall not have an Action upon the case against others that use the trade because the grant is voyd Coke 11. part 86. A. Monopolies Tenant at will makes voluntary waste Action lyes against him Littleton 15. A. 14 Hen. 8. 12. Brown Coke 15. part B. Salops case 48 Edw. 3. 25. Dyer 121. pl. 17. 11 Hen. 6. 38. For diverting of part of the stream by the owner of the Land by which the stream flows over 12 Hen. 4. 47. 21 Hen. 7. 30. Dyer 248. pl. 80. Coke 4. part 86. Lutterels case the Count there 3. Eliz. Dyer 195. pl. 37. But for diverting majoris partis Assize lyes 8 Eliz. Dyer 248. pl. 80. but this is intended when the Mill cannot go For stopping a pit that one hath for water although it is not a common watering place 21 Hen. 7. 35. No. Lib. intr 18. D. Sect. 15. The Writ Ought to be certain as the Count except the place and time 22 Hen. 7. 91. It ought to have the certainty as the Count and to have all the Count except the year and day the quantity and certainty of the Land 38 Hen. 6. 9. pl. 20. Prisott The Writ shall not be vi armis Nat. br 92. E. When there are two causes of Actions 1. causa causans 2. causa causata the former may be alleadged vi armis Coke 9. part 50. B. Salops case The Process 1. Before appearance 2. After At common Law a Capias lyeth not 43 Edw. 3. 11. Coke 10. part 72. A. Marshalsey But the 10 Hen. 7. cap. 9. such processe is given in an Action surcase in Ban. Regis Com. Ban. as for Traverse or debt Br. exigend 29. The Judgement For not repairing of a Bank per quod c. the judgement shall be to recover Dammages and a Distresse to the Shrieve to compel the Defendant to repair For what things it lyes 1. For chasing sheep into the
5. 5. Against a Comissary that returns a Jure patronatus otherways then it is found 22 Hen. 6. 30. 6. Upon a devastavit returned falsely Lib. Intra 11. A. sect 11 Hen 6. 37. B. 7. For returning a man summoned where he was not 26. Assize 48. 1 Hen. 6. pl. 4. or where he was not summoned by a reasonable time 39 Edw. 3. 7. 8. The same Law Upon Garnishment 2 Edw. 3. cap. 14. Regist orig 112. B. 9. For returning non est inventus where the party was sufficient and ought to be summoned 31 Edw. 3. proces 55. Nat. br 39. B. 10. For returning a cepi Corpus and had not the body at the day the plaintiff shall not have an action upon the case but shall sue him upon an account 7 Hen. 4. 31. proces 120. 11. For delivering a distres and returnes not the writ 21 Edw. 3. 43. Against a deputy of a shrieve 20 Hen. 6. deceipt 11. 12. For returning a nihil where had sufficient Lib. intra 11. C. sect 2. Nat. br 39. B. 13. Against an escheator that Certifies an office otherways then it is found or that certifies one where there is none found 21 Edw. 23. 9 Hen. 6. 60. Regist orig 115. B. 14. By the new shreive against the old shreive for returning one sufficient which is not by which the plaintiff is charged in Issues 19 Hen. 6. 38. B. Paston 15. Against a Shreive that makes a precept to one that is not Bayly of a Franchize 38. Assize 13. 16. The Shrieve returnes not a cepi Corpus sed languidus when he was in good health he shall have a false prisonment 11 Hen. 6. 42. pl. 39. 2 Hen. 6. 5. A. And the other an action upon the case 21 Hen. 6. 5. A. 17. False Judgment the Shreive returns that there is no such things c. if it be false Action lyes 10. Edw. 3. 389. pl. 35. 18. For the Shreive shall not be amerced 44 Edw. 3. 3. pl. 11. 19. If the Shreive make a false returne upon an enquest the party hath no remedie Coke 5. part 32. B. Pettisors case 20. For not returning a writ delivered by bill Westm 2. cap. 39. 42. Assize 12. But note 8 Edw. 3. 3. 298. pl. 26. Herle it lyes 21. It lyes against a Shrieve for a false Returne Doct. studend 134. B. 19 Hen. 6. 29. 5. 72. 22. For returning summoned where he was dead Action lyes 8. Edw. 3. 330. pl. 1. 23. Against a Summoner that returns a man summoned where he was not by which he was excommunicated Mich. 12. Jac. Ban. Regis Pole and Godfrey the Count and pleadings in the Reports For suing one upon a forged Obligation Coke 4. part 18. B. Against a Custos brevium by Bill for embezelling a Writ to him delivered 7 Hen. 4. 6. For inciting another to embezel a Writ 19 Hen. 6. 29. If my Attorney or Deputy of the Shrieve embezell a Record deceit lyes 19 Hen. 6. 30. For suing me before the Steward or Marshall where I am not of the household 3. Hen. 6. Estoppel 18. 10 Hen. 6. 13. 1. Against a Baylie of a Franchize that discontinues his plea Nat. br 93. F. the Writ there 2. Against a Bayly of a Franchize that sues after the plaint removed Nat. br 93. E. 14 Ed. 3. Action upon the case 39. 3. Against a Guardian which pleads a false plea or vouches one that is not sufficient 9 Edw. 4. Action upon the case 118. Against him that procures one to say he is A. B. the plaintiff in the Suit and confesses the thing c. Regist orig 113. B. Against him in Court Christian that proceeds after prohibition delivered Nat. br 92. E. the Writ shall say contra pacem Against him that throwes the prohibition in the durt Nat. br 92. E. Regist orig 92. the Writ shall say contra pacem Against him who gets a protection of the King for one and gives it to another of the same name 30 Hen. 6. 18. Against a Tenant in a praecipe that hath a protection to come to Westm and stayes at Gloucester 15 Edw. 4. 19. Regist orig 119. B. 20 Hen. 6. 10. Against him that gets a protection where he was not in service of the King Lib. intra 492. D. the Count 493. Sect. 2 3. Against him that purchases a Writ whereby I am sued to pay a fine without my privity Regist 112. A. Quare impedit 112. A B. 3. Against an officer in Ban. Regis which purchases a supersedeas for one that I have a Plaint against in London upon a false surmise that the Defendant is his servant 21 Edw. 4. 23. But upon surmise that he hath an action depending there it lyes not because the Court cannot have notice ibidem 4. Against an officer in Chancery which purchaseth a Supersedeas for his servant where he was not his servant retained before the time 11 Hen. 6. 8. 1. By a Goaler against Rescoussors of one in Execution Dyer 241. pl. 47. 2. A. being arrested upon a Latitat at the Suit of B. and Rescoussed by C. B. shall have an Action against C. and ought to shew that he intended to declare against A. in debt for there are no other Process in this Court Pash 7. Jac. Ban. Regis Kemps case Against him that acknowledged a Statute in my Name without my privity 112. B. Regist orig Against him that sues me on purpose to vex me 8 Edw. 13. 43. 1 Edw. 3. 20. But for causelesse Suits no action 11 Eliz. Dyer 285. for pro falsa actionis prosecutione nulla sequatur poena 2 Rich. 3. 9. pl. 22. 2. Against him that sues me for a thing arbitrated before that the day come Regist 111. A. For the not doing of a thing which ought to be done by the Law touching a thing hereditary to the damage of another A Coppie-holder by Custom may nominate him which shall succeed him and name one and pray to be admitted and offer reasonable fine to the Lord which refuseth the Coppie-holder shall not have an action of the Case against the Lord because before admittance he had no right Pash 13 Jac. Ban. Regis Forde and Hoskins A Bedle of a Hundred brought his action against many and prescribes to have three gallons of the best beer of every Brewer for 7d. and good 1. he need not shew what estate 2. it is good against many because all in common are accessory 19 Rich. 2. Action upon the Case 51. Against him which ought to enclose and doth not by which my grasse is consumed 11 Rich. 2. Action on the case 36. But if it be between two houses a Curiae claudenda lyes ibidem A. sold land to B. and he will not enfeoffe him Action lyes 22 Hen. 6. 44. Newton Against an Archdeacon which refuseth to induct 26 Hen. 8. 3. Nat. br 47. because here the Archdeacon is
441. A. pepyes case Lib. intra 172. D. 173. A. 3 Edw. 3. Execution 107. But by Westm 2. Cap. 45. a Scire facias was given after the year and per Westm 2. cap. 18. Elegit was given Coke 3. part 12. A. If a man have an Elegit on Record and there be a Nichil returned he shall have never any other execution 19 Hen. 6. 4. 5 Edw. 4. 41. 15 Hen. 7. 15. Fairfax And by the 25 Edw. 3. cap. 17. Capias was given in debt and per consequence a Capias ad satisfaciendum in Execution Coke 3. part 12. A. Harberts case Mich. 41 42 Eliz. Com. Ban. if the Plaintiff dye after Execution yet the Shrieve may levy it and if there be no Executor or Administrator the moneys shall remain in Court But if the Defendant dye before Execution there the Shrieve cannot make Execution for the words of the Writ are that it shall be levyed of the goods of the Defendant Thoroughgoods Case Upon a non est inventus returned of the Principal upon Judgement in Com. Ban. the party shall have Execution against the Bayl because the debt being by original is certain there the Lands which they had at the day of the taking the recognizance shall be lyable but quaere in ban Regis if more lands are lyable than they had the day of the originall because the debt is uncertain Mich. 15. Jac. ban Regis Baskervile et Brocket speciall verdict The defendant for damages and costs shall have the same execution as the plaintiff hath as if he had recovered against the defendant per 23 Hen. 8. cap. 15. The lands which he had at the time of the Judgment and not before Coke 8. part 171. Fleetwoods case 42 Edw. 3. 11. pl. 13. 6. Edw. 193. pl. 14. But if the Judgment be the last day of the Terme the lands which he had the first day of the terme are lyable because all the terme is but one day in law 42 Assiz 17. If two Joyntenants are for life and he against whom the Judgment is given dyes before execution this shall not be put in execution 13 Hen. 7. 22. A. Land in antient demeasne shall be put in execution Coke 5. part 105. A. Aldens case Hill 11. Jac. com ban Rot. 2541. Cox et Barnesly The goods that he had at the time of the execution shall be only lyable to execution Coke part 171. A. Fleetwoods case 2 Hen. 4. 14. 9 Hen. 6. 58. 11 Hen. 4. 7. 34 Hen. 6. 23. B. Prisot 21 Hen. 7. 87. pl. 1. Crook Unlesse it be in case of executors 34 Hen. 6. 23. B. Prisot But sale by covin after Judgment cannot hinder the execution 22 Assiz 72. 13. Hen. 4. 4. pl. 9. Hill 40. Eliz. com Ban. per Curiam if a writ of execution be awarded for debt or damages and between the Teste of the writ and execution the party sold the goods bona fide yet these are lyable to the execution Ejectment In what court it lyes IT lyes not in the Marshalsey Coke 10. part 72. A. Marshalsea In Ban. Regis it lyes In Com. Ban. it lyes In the chequer it lyes for a party priviledged Coke 1 part 3. A. Pelhams case and this was by bill But if it be by antient demeasne land it lyes not in the court of the King Coke 5. part 105. A. Aldens case 9. part 77. B. Because the possession is to be removed in such account per Hobart cheif Justice Hill 11. Jac. com ban Rot. 25. 41. Cox versus Barnsbee But none can plead this but ter-tenant 2 Hen. 7. 17. pl. 1. But if the plaintiff do not put in his declaration until the end of the term the defendant cannot plead antient demeane the next terme but must move the court that the plaintiff put it in his declaration and then the advantage shall be saved Trin. 12 Jac. ban Regis But he may plead this after veiw because by this he confesseth if it be frank fee or not 50 Edw. 3. 9. pl. 20. Who shall have Ejection Firme Lessee for years only shall have it Nat. br 120. F. And this only upon the possession in deed for he shall not have it upon a possession in law 23 Hen. 8. br quia ejecit infra c. 5. Nor upon a lease to commence in futuro 37 Hen. 6. 18. A. Note that tenant for years needs not count that he entred but that a lease was made to him by vertue of which he has possessed com 503 B. Grendons case Tenant for years leases to B. at will who is outed by a stranger tenant for years shall not have an action because he had not the actuall possession Pasch 11. Jac. In the Chequer inter Sir Rich. Grebham et Stone Tenant for years leases for one year or a lease is made for yeares the remainder for years estranger enters none shall have an ejectment but the tenant in possession Crooke 130. pl. 99. Lessee shall have an ejectment after the terme ended and recover all in danages 21 Edw. 4. 30. pl. 25. Brian 7. Edw. 4. 6. B. Fairfax Lessee which may have a real action cannot have an ejection firme Com. 419. B. Bracebridges case Husband and wife ought to joyn if it be in right of the wife 21 Edw. 4. 10. pl. 1. 30. pl. 25. 7 Edw. 4. 6. B. Fairfax Com. 418. B. Bracebridges case But if the terme be ended the husband alone shall have it because nothing shall be recovered but damages 7 Edward 4. 6. B. Fairfax Lessee for one year of a Coppyholder shall have an ejection firm Coke â—4 part 26. Lessee of a Coppyhold for more years shall have an ejection firm although that such Lease be a forfeiture for it is a good Lease against all but the Lord Trin. 36 Eliz. Ban. Regis Downings case Executor of a Lessee shall have it No. Lib. intra 195. D. Sect. 6. Executor Husband and Wife Co-executor and the Count. Lib. intra 252. B. Sect. 6. Executor shall have an ejection firm in vitâ— Testatoris per the equity of the Statute 4 Ed. 3. cap. 6. Coke 9. part 78. B. Peytoes case Churchwardens shall have it of land leased to them 15 Hen. 7. 8. Tennant by Elegit shall not have an ejection firm Crooke 109. pl. 29. Tennant in Common shall have it against his companion Littleton 73 A. Father and Son having several inheritances the Father levies a fine the son being beyond-sea dyes his Issue enters and leases being within age to A. without rendring Rent A. enters the Conusee enters and leases it to B. yet he shall not have an ejectione firmae against A. without express outing because as to the moyety the Plaintiff had not title and the Defendant had none because there was no rent reserved Pasch 32 Eliz. com ban Rott 1017. Smye versus June and others Against whom Ejectment lyes It lyes against Husband and Wife Lib.
of England But in Parliament this ought to 〈◊〉 19 Hen. 6. 12. 〈◊〉 And also before Justices iâ—eneâ—ant there 19 Hen. 6. 12. Newton But at this day judgement given at the Grand Sessions in Wales in plea real or miâ—â— shall be redressed in Ban. Regis in England per Statute 34 Hen. 8. cap. 26. But in plea personal it shall be redressed before the President of the Counsel in Wales by bill But judgement in the Assizes in Wales cannot be redressed in Com. Ban. 8 Eliz. Dyer 250. 87. ERROR    1. Out of the Realm 1. Ireland     1. Judgement in court of Record      2. Wales      1. Superiour 1. Parliament    1. Common Law  2. Ban. Regis    3. Com. Ban.    4. Chancery    5. Exchequer    2. In the Realm 1. Parliament the Sheriff in Redisseisin per Merton cap. 3.   1. Assizes     2. Oyer and Terminer 1. Village   3. Conusance of pleas 2. Single person Error is either by   4. Forrest     5. Stannaries    2. Inferiour Prescription 1. In him and his Successors  2. In him and his Heirs   3. In him whose estate he hath 2. Agard Execution  4. Custome 1. London     2. Cinque ports     3. In any village     5. Common Right 1. Pypowders in Fair or Market  3. Other Record Fine Grant of the King 2. Marshalsey Coke 10. part 69. B.      3. Tourne      4. Leete   Westm 1. 2. cap. 30. Upon a Bill of Exception    2. Statute Law 5 Edw. 3. cap. 2. Error in Marshalsey Redress in Ban. Regis   9 Rich. 2. cap. 8. He in Reversion his Heirs or Successors shall have Error upon Judgement against Tenant for life c. and by equity he in Remainder 34 Hen. 8. cap. 16. Error upon Judgement before the Justices in the Grand Sessions in Wales shall be redressed in Ban. Regis in England if it be in plea real or mixt but for personal matters it was to be redressed before the President and Counsel in Wales 23 Eliz. cap. 3. False Latine rasing interlining mis-entring of a Warrant 〈◊〉 Attorney or Proclamation Mis-return or not Return of the Shrieve or fault of â—orm in words shall not be Error in Fine or common Recovery 27 Eliz. cap. 9. Ordains that this Statute of the 23 Eliz. cap. 3. extends to Fines and Recoveries in Wales 27 Eliz. cap. 8. Judgment given in Ban. Regis shall be redressed before the Judges of the Common pleas and Barons of the Exchequer but then it ought to be in Debt Detinue Account Covenant Ejectione firmae Trespass Action upon the case and there shall be nothing assigned in the Jurisdiction of the Court or in form in a Writ returned Plaint Bill Declaration pleading process verdict or proceedings  31 Edw. cap. 3. 12. Error redressed in the Chequer chamber before the Chancellor and the Thesaurer calling to them the Barons of the Chequer and Justices  31 Eliz. cap. 1. The not coming of the Chancellor shall not make a Discontinuance of the Error in the Chequer chamber  And for Error therein sued upon a Judgement in Ban. Regis 3 of the Justices or Barons may adjourn it and it shall be no Discontinuance Erroneous judgement given in the Isle of Man may not be redressed in England because it is not parcel of England Crooke 11 Hen. 8. 202. pl. 19. Judgement given Ban. Regis Error lyes in the sane Court per Common law if it be error in proces or default of Clarks Nat. br 21. I. 7. Hen. 6. 28. pl. 22. 19 Hen. 6. 2. pl. 2. 15 Edw. 4. 7 8. 3 Eliz. Dyer 196. pl. 39. 27 Hen. 8. 15. B. Knightley But if it be error in Law which is the fault of the Justices it shall not be redressed but by Parliament per Common law Nat. br 21. I. 9 Edw. 4. 3. 3 Eliz. Dyer 196 pl. 39. 201. pl. 64. 23 Eliz. Dyer 374. pl. 19. 27 Hen. 8. 25. B. Fitz-James But error in process or default of Clarks ought to be redressed in the same Term or otherwise it lyes not in the same Court as it seems by the Justices Trin. 7 Jac. Ban. Regis Prowse Skeynner But one case was Mich. 41 42 Eliz. Rot. 639. which is a rule that error lyes in another Term upon Error in Proces when the party cannot have error in the Chequer Chamber But by the 27 Eliz. cap. 8. if judgement be given in Ban. Regis upon a sute commenced there the writ of error lyes in the Chequer Chamber before the Justices of the Common ban and Barons of the Chequer or fix of them Coke 3. part 7. B. 4. part 7. B. 4. part 53 86. A. 5 part 18. B. 28. A. 43 A. 97. B. But then it ought to be in Debt Detinue Account Covenant Ejectione firmae Trespass upon the case And also nothing shall be assigned for Error in Jurisdiction of the Court or form of the Writ Return Plaint Bill Declaration Pleadings Process Verdict or Proceedings And also a writ of Error lyes upon this in Parliament Judgement given in Chancery according to the Common-law shall be redressed in Parliament 37 Hen. 6. 13. 11 Edw. 4. 8. Choke Or in Ban. Regis 14 Eliz. Dyer 315. pl. 100. and so it seems 37 Hen. 6. 13. 8 Edw. 3. 25. 17. Assize pl. 24. Com. 393. A. 39. Assize 18. And in case of Partition one Scire facias in Chancery upon Error and good 4â— Assize 22. If Letters Patents are inrolled in Chancery there shall be a Scire facias to reverse it there 16 Edw. 3. bre 651. 2 Rich. 3. 1. A. But another subject upon this being grieved shall have this redressed in Parliament 16 Edw. 3. bre 651. 37 Hen. 6. 13. But no writ of Error lyes altogether upon a decree in Chancery because in their proceeding the Court is not a Court of Record 37 Hen. 6. 13. 27 Hen. 8. 15. Knightley Judgement given in Com. Ban. if it be Error in Process or in default of Clarks it shall be redressed in the said Court the same Term without a writ Nat. br 21. I. 15 Edw. 4. 7 8. 7 Hen. 6. 28. pl. 22. 19 Henry 6. 2. pl. 2. But for Error in Law in the same Term or other Error in another Term this shall be redressed in Ban. Regis only Nat. br 21. I. Coke 8. part 5. A. 5 Mariae bre Commission 25. It shall not be reformed at the Counsel-Table 39 Edw. 3. 14. pl. 28. Judgement given before the Barons of the Chequer chamber shall be redressed in the Chequer chamber before the Chancellour
assigne error in the Conusance neither the Conusee in the Grant and Render neither the Recoveror in the Recovery Coke 5. part 39. B. Executor in error by him upon a Judgement given against him shall not assigne for error that the debt was but upon a simple contract Com. 182. A. 10 Hen. 6. 24. Party shall not shew error in process unless he shews that it is for his advantage 7 Edw. 3. 25. Coke 8. part 59. A. Nat. br 21. F. But may afterwards shew that the Judgement is erronious Coke 8. part 59. A. Beechers case 14 Eliz. Dyer 315. pl. 99. Revertioner not being made a party shall not assigne for Error that the Shrieve made a warrant to the Bayly to make a pannel where the party was guildable 3 Henery 4. 6. The Successor shall assigne for error that his Predecessor was but named Gardein 15 Edw. 3. Error 7. Error shall be assigned before a Scire facias shall be awarded 24 Edw. 3. 31. pl. 8. For after a Scire facias awarded the Plaintiff cannot assigne error in deed 22 Edw. 4. 45. Judgement given upon a Demurrer in Law and Writ to enquire of dammages awarded a Writ of error was brought and he assigned errors 17 Edw. 3. 5. If the Record and the Writ of error do not agree error cannot be assigned upon the Record 9 Hen. 6. 4. 2 Eliz. Dyer 180. pl. 48. 28 Hen. 6. 11. If the Writ of error be faulty in substance errors shall not be assigned but shall have a new Writ Quâ—d coram nobis residet 3 Hen. 6. 3. 26. 5. Mariae Dyer 164. pl. 58. But if it be false Judgement then there must be a new Writ to the Suitors for it is not of Record 3 Hen. 6. 26. If error be put without a day there shall be a new Writ before that error be assigned 26 Hen. 6. Scire facias 33. Nat. br 20. G. Upon a Bill sealed a man shall assinge error per Westm 2. cap. 31. 11 Hen. 4. 52. 27 Hen. 8. 15. 25. Coke 9. part 13. B. Dowmans case 9 Assiz 8. 14 Hen. 4. 15. 4 Hen. 6. 15. A. Martin 33 Hen. 6. 34. Littleton pl. 9. 7 Hen. 6. 37. 10 Hen. 7. 8. And if the bill is refused to be sealed the party shall have a writ to compel them to seal it Regist orig 182. A. B. But by Hill Justice it is intended of a thing pleaded for otherwise it shall not be sealed Challenge in Assize was put in a bill sealed and good 9 Assize 8. 21 Edw. 4. 11. 20 Edw. 3. 63. Lib. intra 346. C. 27 Hen 8. 24. 25. Priviledg claimed and not allowed there may be a bill sealed 22 Edw. 4. Priviledg 1. Conusance claimed if the plea be challenged by one that is not party there cannot be a bill sealed 20 Edw. 3. Conusance 46. A Patent to three to take an Assize where two take it there may be a bill sealed and Error upon it 29 Assize 42. 11 Hen. 92. Assize the Tenant shews that the Shrieve was beyond sea and had a bill sealed of it 1. Although the bill did bear date after the Record removed yet it is good 2. Although the party did not bring it within the bill but the Justices yet good 3. The party shall have a Writ to the Justices commanding them to seal it 4. A Writ to the Justices ad cognoscenda sigilla 5. Two Justices seal it yet one may deliver it 6. The party brought a Scire facias ad cognoscend sigilla before the Justices come in Court yet good for after that they come the bill was of Record ab initio Upon a transcript of the note of a Fine error shall be assigned and if Error appears they shall send the note and reverse it 21 Ed. 3. 24. 16 Edw. 3. Record 35. 40 Assize pl. 29. For otherwise per chance the Fine may not be ingrossed 1 Mariae Dyer 89. pl. 4. Lib. intra 296. A. Sect. 1. Fines Nat. br 20. B. But note 5 Mariae Dyer Record 79. the Record shall be certified and no other proclamation shall be made But 1 Mariae Dyer 89. pl. 4. e contra Upon transcript in Parliament error is assigned for the chief Justice brought the Record and reported it in ban Regis 8 Hen. 5. Error 88. 28 Eliz. Dyer 375. pl. 19. 22 Edw. 3. 3. pl. 25. But in another Court it is otherwise 40 Assize 29. Nat. b. 20. F. Upon award by the Justices upon returne upon a Writ of Priviledge no writ of error lyes Coke 8 part 127. B. case of the city of London Upon allowance of claim by the Justices of the Forrest 21 Edw. 3. 48. pl. 70. Judgement in annuity and after in a Scire facias Error brought upon the former Judgement the Record shall be removed 11 Hen. 4. 4. Error upon a Fine and proclamations the proclamations shall be certified Com. 265. A. Fishes case Error shall not be awarded until the final Judgement be given Coke 11. part 40. A. Metcalfs case 7 Rich. 2. Error 68. Unless the Award be ad grave dampnum Coke 11. part 41. A. Metcalfs case As in Debt against many by several precipes and judgment against one he shall have error and the pleadings shall be several from the original and if error be in the original tenore tantum shall be certified Coke 11. part 41. A. Judgement in an Account quod computet error lyes not until the final Judgement Coke 11. part 38. B. 21 Edw. 3. 9. 1. Hen. 7. 2. B. When an action of Trespass is in part determined error lyes not until it be determined all 32 Hen. 6. 5. pl. 5. 36 Hen. 6. Coke 11. part 39. B. So in Afformedon 12 Eliz. Dyer 291. pl. 67. Coke 11. part 39. B. So in Trespass against two 34 Hen. 6. 41. pl. 9. So in a Quare impedit 34. Hen. 6. 41. So in Partition Mich. 40 41 Eliz. Com. Ban. Countess of Warwick against Henry Lord Barkley If error be brought before the fourth day in Com. Ban. yet it is good because of Record at the Commencement 34 Hen. 6. Assise of Darrein presentment a writ awarded to the Bishop and the Assise is for dammages error brought and allowed 17 Edw. 3. 5. pl. 12. Error upon a Judgement in a Scire facias upon a Fine and no Record removed but the proceedings upon the former judgement and yet good 20 Edw. Error 2. Praecipe quod reddat error brought the Original nor the judicial writ nor the essoyne shall be removed 2 Edw. 3. Error 2. Thorp 37. Assize 5. Unless Error be assigned in the Original 24 Edw. 3. 24. And then the Transcript only shall be removed 34 Assize 7. 36 Hen. 6. 13. Error upon an execution upon a Statute Merchant error in process the
But a Release of Actions reals and personals it is no Bar in error of an Outlawry Coke 8. part 152. Littleton 116. B. If the Defendant be outlawed in Redisseisin a release of all demands is no bar because the Original and the Judgement are the process of the Outlawry 11 Hen. 4. 6. The Release of the Vouchee shall bar the Tenant 17 Edw. 2. Error 90. for the Tenant recovers in value Release of Errors by Tenant in Tayl no bar to the issue although it be tryed against the Tenant in Tayl 3 Elizabethae Dyer 188. pl. 9. But if he in reversion in Tayl disseises Tenant in Dower and suffers an erroneous Recovery and Tenant in Dower releases with warranty and dyes this is a good Bar Coke 3. part 60. 61. Lincolne Colledge case A Release of one bars another when two are to recover a personal thing but when they are to discharge themselves it is otherwayes Coke 6. part 25. Ruddocks case The King brought Error it is no plea that his Ministers have seised the Land unless the King agree to it 39 Assize pl. 18. The Judgement in Error 1. for the Plaintiff 2. for the Defendant 3. for both In Error two things are to be done 1. To reverse the Judgement 2. That the party be restored to all that he lost 9 Henry 6. 47. B. Martin Coke 5. part 39. B. Tayes case The judgement was that the Plaintiff should not be restored to the Land with the mean profits 11 Henry the 4th 93 pl. 49. And 8 Hen. 6. 2. A. Rolfe that he shall recover the Land and the Issues The Judgement was Quod judicium revertetur adnulletur quod Defendant de intrasione intrusione transgressione contemptu convincatur a possesione amoveatur capiatur c. quodque recordum mittatur in Scaccarium pro executione habenda c. Coke 1. part 40. A. Altonwoods case In Quare impedit that the former judgement should be void and the Plaintiff restored to all that he lost 18 19 Eliz. Dyer 353. pl. 30. Gardein recovers in a Quare impedit in right of the Ward the other at full age of the Ward brought Error and a Scire facias against the Ward the Ward entitles himself by his antient right and found for him 1. The judgement shall be reversed against the Gardein and yet the other shall not be restored because he is barred by the plea of the Ward 9 Hen. 6. 47. B. Newton The Judgement was that the judgment shall be reversed and that the Plaintiff be restored to the Land and to the issues in the mean time 9 Henry the 4th 6. pl. 19. The Judgement was upon an Utlawry in felony that the Utlawry should be reversed and he restored at the Common law to all that he had lost by this cause 11 Hen. 4. 53 pl. 32. 7 Hen. 4. 40. B. And that he should be restored at the Common-law to that he had lost 3 Eliz Dyer 196. pl. 39. Error by Executors of the Testators being utlawed was that the utlawry be reversed and that they shall be restored to the Goods of their Testator seised by reason of it 11 Hen. 4. 65. pl. 22. It shall be Quod judicium reditum staret in omni robore per Coke Chief Justice Pasc 12. Iac. Ban. Regis Sir Iohn Heydons case and yet 21 Edw. 4. 44. A. was quod judicium reditum remanebit stabile in perpetuum Et ulterius concessum est quod praedictus A. recuperet versus praefat B. 10 l. eidem A. per Curiam Domini Regis hic adjudicat juxta formam Statuti inde nuper edit c. promisis costagiis dampnis suis quae sustinuit occasione dilatationis executionis praedict praetextu prosecutionis dicti brevis dom Domini Regis de errore c. No. Lib. intra 244. B. sect 8. and 292. B. Statute 3 Hen. 7. cap. 10. if Error be sued before Execution and afterwards be discontinued by default of the party or he be non-suted or judgement affirmed the other recovers his costs and dammages by the discretition of the Judges before that the Writ of Error be sued An Infant and another levye a Fine this may be reversed as to the Infant but it shall be good against the other Coke 1. part 76. B. Bredons case No. Lib. intra 255. C. sect 11. But if the Husband and Wife levye a Fine of the Land of the Wife and reverse it for Error they shall be restored forthwith because the Husband is joyned but for conformity Coke 2. part 77. B. Cromwels case Execution reversed the judgement is yet good Coke 5. part 32. Pettifers case Fine reversed for the Proclamations only and yet remain good for the other is but a Discontinuance 4 Eliz. Dyer 216. pl. 54. Execution in Error Lib. intra 307. C. sect 1. FINIS In Comitatus â— Banco Account before Auditors Propertie Payment Servant Statute Merchant V ndee King Executor King Bar. Coverture Delivery Redelivery More Obligation Payment Robery Vende Unison Receiver Outlary Accord Delivery and Redelivery Redelivery Expenses Receipt in Satisfaction Vendee In Comitatu In Com. Ban. Bought Accord 1. Quid. 2. Quotuplex Baron feme Commoner Executor Feoffee Heir Joynder Lessor Tenant in common Administrator Bayly Baron feme Carrier Counsellor Assumpsit Churchwardns Jonder Master Tenant at will Tenant per elegit Tenant in common Tenant for years Vicar Shrieve Trees Chappell Way 1 Estreite 2 Trench 3 Disturbe 4 Stopping of it Slander of my Title Lnad Trade Distresse Fair and Market Deeds False Returne Ferry Foldage Forrest VVarren Liberty House Mannor Meere-stone Mill. Office Pischary Procurement Protection School Slander of my Title Land Trade Waste Water-course Watring places Chasing sheep For goods lent are wasted Goods not delivered Wood and estovers Carrier A Horse Pigeons Dice and Cards Distrâ—â— Escape by A Goaler Deeds Ferryman Forgery and Counterfeiting Guard Grain drowned Menace Pales Piles Protection Rescous Servants Bar Servant Terme Lying in waite Arrest Articles Goaler Indictment Menace Poyson Surgeon Slander Adulterer Bunkrupt Basterd Bawd Bribery Barecter Cosener Slander in writing False Justice False Knave False sure Felon Forger Heretick Thief Leper Murtherer Perjured Plague Pox. Profession Revealer of a cause Rogue Sedition Sorcery Traytor Userer Whore Admiralty Attachment Attorney Counsellor Christian Court. Escape Essoyne Execution False returne no Returne Forgery Imbezeling Marshalsey Plea Procurement Prohibition Protection Purchase of a writ Reseous Statute Vexation Admission Bedell of a Hundred Enclosure Feofment Induction Institution Presentation To find a Priest Reparations Retain To hold Court Toll Borrowed Attorney Baylment Cocket Farrier Smith In-keeper Pledge Servant In-keeper Bar. Surgeon Victualler Attorney Clerk of Assize Feoffee to use To hold Court Shrieve Aâ—umpsit Quid. Quotuplex Consideration Quid. Quotuplex To make an estate Ditch Granage Lessor House Purchase Release Assumpsit Agistment Annual payment Trees cutting Arbitriment Assent Carrier Charitable
deeds Coach Gathering tithes Dove-house Crosse Delivery of a deed Discharge of a prisoner Farrier Smith Ferryman Forbearance Fobearance Goaler Warranty Lessor Marriage money Obtains a Lease Payment Planting Save harmlese Infant Sollicitor Sufferance Tabling Lodging Vendor Vendee Barber Physition or Chirurgeon Assumpsit Clarke Sergeant Counsellor Plough my land Attorney Carpenter Cranage Farrier Lyccence Mispleader Borrowed Burning a house Bayly Dog Escape In-keeper Servant Deceit in Bargaines Horse Cloath Grain Herring Saphire Wood. Wine Deceit in bargains Horse Cloath Gumme VVine Victual VVax Trover Quid et Quotuplex Money Note Money Sheep Chain-door Horse Deeds Frument grain Jewels VVooll VVood. Monkey Pippins Administrator Assignee Assignee Husband and wife Corporation Executor Executor of an executor Heir Joynt-tenant Lessee Recusant Successor Fine Administrator Assignee Executors Feme Heir Infant Lessee Lessor Parson Parcener Pledge Successor Deed. Guardian in Soccage Pattent Mill. Termor Lease Lessee Count. In Comitatu In Banco Covenant personall Covenant Reâ—ll Accord Disturbance Performance Release Personall Reall Fine In Comitatu Avowant Husband Executor VVoman Heir Lessor Proprietor King Lord. Use Husband and wife Donor Estranger Feoffee Note Feoffor Heir generall Heir speciall Joynt-tenant Joyn-renant survivâ—r Recusant Remainder Ter-tenant Lord. Abbot Administrator Avowant Bayly of goods Husband and wife Carrier Executor Estranger Lessee Trover of goods Vendee Shreive Husband Feoffor Against a Lessee for life Certain Rationabile parte bonorum Heir Implements Goods lost Goods Bayl Carrier looseth goods Corne. Divorce Replevin Tender amends in Replevin Corne. Wine Horse Note Count. Baylement Spoons Devenerunt Agâ— executors Per executor Trover Contract Obligation Husband and wife for box with deeds Heir against husband and wife Heir Feofee Note In comitatu In Banco Detinue for chattells Detinue for deeds Garnishee Garnishment Enterpleader Accord Attachment Command To deliver over Given Distres Estray Malady Non detinet Payment to the valew Pledge Perish Robbery Recovery Travers Vendee Bastardy Fâ—osment Warranty Rebaylment Release Retainer Infancie Recovery Release Against the Defendant Plaintif Against the Defendant Against the defendant and the garnishee Chattells Deeds Deeds By the party grieved To a person certain Action popular Note Accountant Administrator Attorney Baylor Husband Husband and wife Clarke of the Peace Colledge in Oxon. Colledge of Physitions Stat. Marchant Staple Counsee According to 23 Hen. 8. Recogn Counsellor Executor Feme Grantee of a Reversion Annuity Heire Lessor Ordinary Parson Physitian Recusant Robbery Steward Servant Successor Surgeon Vendor Shrive Use Outlawed person Abbot Accomptant Administrator Assigne Joyntenant Attorney Attainder Baylee Husband Husband and wife Conusor Customer Enfant Executor Goaler Heire What shal be assets to the Heire Hundred Lessee Life Master Ordinary Father Pledge Purveyor Receivor Successor Society Shrive under shrieve Outlawed person Lent Baylment Contract Agistment Marriage money Regula Partition Rent upno a personal thing Salary Servant Steward Surgery Tabling Tabling and physick Taylor Vendition Servant Wife Voluntary per Cryer Shrieve Neglâ—gent escape per Shrieve Marshall Deputy Mayor de Staple Lord de Franchize Grannt penalty Annuity For Life In Tayle Annuity or Rent in Fee Judgment given in debt for the principall For damages and costes Fine Amerciament Judgment out of Court as statute Recognizance Account at the common law Arbitriment By laws or ordinances Matter in law as for Ayd For an Annuity against a Customer c. after delivery of a Liberate Pro rationabili parte bonorum For a reliefe per executor For Tolle For Escuage Simple Obligation conditional County Administrator Husband and wife Against a collector By executors Wife executrix Against executors Heire Ordinary Nota. Nota. Account For arrerages of account 2. before auditors 2. before auditors Lord. Lending to successor To the party Baylment Contra a Reall 1 for years 2 for life 3 at will Contract personal Servant Rent upno a personal thing Salary for a Counsellor Atturney Servant Steward Tabling Vendition Escape Judgement in Court Debt for damages For fine or amerciament Judgment out of court Arbitriment Obligation simple Accord Acquittance Attachment Attainder Nil debet Non composti mnetis Payment Obligation condionall Accord Conditions performed Arbitriment Condition to levy a fine Deed pol. Condition Impossible condition Payment Permit â—etainer â—arr generall to an obligation Acquittance Coverture Infancy Non est factum Recovery Release â—ymony Statute Statute law Against an executor 〈…〉 Against â—n heir Possession Note Tenant for years Lessee Husband and wife Coppy-hold Executorâ— Church-wardens Tenant by elegit Tenant in common Husband and wife Estranger Feoffee Grantor Heir Lessor Recoveror Lord. Tenant in common Cattell Wood. Chamber Tythes Garden c. Water-course Hundred Mannor Messuage Chappel Mill. Pasture Oxe Meadow Rectory Reversion Land Bishop Husband and wife Person Lease Demise Accord Dures Ejecit Entâ—ie Surrender Note Quid. Note Cestui que use Chancellor Defendant Half blood Corporation Bishop Ratione patronatus Ratione Lapsus In what case Lapse cannot incurre without notice Parson Prebendary Dean and Chapter Aggregate Corporation mixt In his own right Creation Ratione temperalium Outlary Symony Note Disseisee Executor Enfant Feme Covert Feoffee or Grantee 1. of the King 2. of another Daughter Founder Joynt-Tenants Nominator Parceners Procurator Recoveror Reversâ—oner Queen Lord. Tenant in Tayl. In Dower For life For yeers In common Travers Note Patron sole Incumbent sole Note Plaintif Shrieve Disturbor Chappel Denary Domus Sancti Martini Hospital De Medietate Advocationis Parsonage Prebend Subdeconry Vicaridge Presentation in his own name Presentation in him by which he claims Litigious What shall be accounted Litigious Refusing the Clerk for default in the presentee which is Note Presentor which is Presentation Abatement Appendant Arbitrement Confirmation Discontinuance Fine Warranty No Disturbor Non-suit No such Church Pardon Plenarty Incumbent Presentation Recovery Recusancy Release Upon Default Non-suit Discontinuance Composition Disclaimer Abatement Verdict Single Damages Note Note Administrator Husband and Wife Baylee Executor Joynt Tenant or Tenant in Common Parson Proprietor Lord. Successor Baylee King Lord. Shrieve Cattels Wood. Barge Mastiff Deeds Bees Ferret Grain Man Sheep and Lambs Park Sow and Pigges Cows and Calves Yarn Misnosmer of the Place County Village For Fine or Amerciament in a Court Leet Tax by Parliament Amerciament in a Court Baron Amerciament in Tourne Tax by the Inhabitants Suit to a Mill. Rent-service Herriot For a certain Leet Ayd Suit to the Hundred Relief Agistment Inholder Estray Pledge Toll Damage feasant Forfeitures Arrerages Rent Rent by prescription Rent Charge Money Cattel in a waggon Lord. Horse Goshawk Fishes Hive of Bees Door or Window Milstone Anvil Barge Lord. Sheep Plough Cattel in Dower Yarne Cattel Default of Inclosure Damage fesant Sheep Lord. Common Services and A. merciaments Husband and wife Reversion Damage fesant Leet Tourne of the Shrieve For a â—ax by the Parliament For service Herriot Service House Estranger Glebe Lessee Lords Fee Fresh suit Pound Rent-Charge River of Thames Court Leet
the Plaintiff shall recover damage as well pro tempore futuro quam pro praeterito 3 Mariae Dyer 113. pl. 56. Administratrix promises to pay a debt c. then the judgement against him shall be generall praedictus P. M. uxor ejus in misericordia Coke 9. part 93. Banies case No. Lib. Intra 2. C. Sect. 3. But upon plea that the Testator did not assume shall be for costs and damages de bonis propriis if the Testator had not sufficient No. Lib. Intra 1. B. Sect. 1. The Writ Upon assumpsit by the Husband and Wife made to the wife dum sola fuit the Writ said ad dampnum ipsorum for the husband shall have the damages ideoque fuit ad dampnum ipsorum Hill 9. Jac. Ban. Regis Wolverton and his Wife against Day For not doing a thing which ought to be done by Agreement touching the body 1. Against a Barber that takes upon him to rase the beard and doth it with an unwholsome Rasor Lib. Intra 2. C. Sect. 1. 2. Against a Physitian or Chirurgeon for not curing a malady or not applying medecine 14 Hen. 6. 18. 43 Edw. 3. 33. 21 Hen. 6. 55. 48 Edw. 3. 6. pl. 11. Regist orig 105. B. 112. A. 3. For advising his patient to apply a certain medecine to cure him and it did not 19 Hen. 6. 49. For commanding his servant to apply a medecine and he doth it not 11 Edw. 4. 6. 4. For applying a medecine that impairs the Mayheme 11 Rich. Action upon the case 37. 11 Hen. 6. 18. pl. 10. 21 Hen. 6. 55. B. But note in all these cases he ought to take upon him the Cure 19 Hen. 6. 49. 48 Edw. 3. 6. The Writ The Writ ought to shew the place where he took upon him the cure 48 Edw. 3. 36. If A. promise to cure me in London and apply unwholsome medecine in Middlesex the action shall be in Middlesex because there was the wrong 11 Rich. 2. Action upon the case 37. For not doing of a thing which ought to be done by Agreement of the parties touching Suits in Law Against a Clerk that promises to enroll a Jury and doth it not 34 Hen. 6. 4. Against a Serjeant or Counseller that promises to plead and doth it not 14 Hen. 6. 18. For not doing of a thing where a man is bound to do it in one manner and he doth it in another Against him that promises to plough my land and doth it in unseasonable time 14 Hen 6. 18. 3 Hen. 6. 36. Against an Attorney that takes an obligation in his own name when it should have been in mine 20 Hen. 6. 25 Against a Carpenter that undertakes to build a house in such a form and builds it in another Nat. br 145. G. 2 Hen. 4. 9. 21 Hen. 7. 41. 20 Hen. 6. 35. Against him that hath a Crane and spoils my Merchandize Lib. intra 3. C. Sect. 1. Against a Farrier that takes upon him to cure my horse and applies unwholsom medecine c. 19 Hen. 6. 49. For pricking my horse 46 Edw. 3. 2 3. 10. Nat. br 94 D. 18 Edw. 3. 6. pl. 11. for it is the duty of an Artificer to do his office well and truly For misusing a Lycence 21 Edw. 4. 76. Against a Sergeant at Law that is retained to plead and mispleads 14 Hen. 6. 18. For negligent suffering of a thing to be done to the Damage of another A. borrowed a horse of me which dyes suddenly an Action lyes not 40 Edw. 3. 6. But if the thing be used in other manner then it was lent and dyes an action lyes Doct. stud 29. But if it be but in the same manner that it was lent and dyes no action lyes Doct. stud 29. A. borrowed a horse and a house fell upon him there if the house fell upon him being feeble action lyes otherwise not Doct. Stud. 128. Against him that keeps not well his fire by which my house is burned being adjoyning 2 Hen. 4. 18. 8 Edw. 4. 19. pl. 30. Choke Although his own house be burned 33 Hen. 6. 1. Lib. intra 8. A. Sect. 1. 3. It lyes although his servant do it but not if a stranger do it of malice 33 Hen. 6. 1. 2 Hen. 4. 18. Doct. Stud. 137. 4. If a servant bring fire in the street and burn a house of his Masters he is not chargeable 5. It lyes not if it be burned suddenly and the cause not known 42. Assiz 8. 2 Hen. 4. 18. Barre That it was not burnt in default of good custody of the fire of the Defendant Lib. Intr. 8. A. Sect. 1. But by 28 Hen. 6. 7. this is but a negative pregnant That he guarded his fire well absque hoe that he guarded it negligently Lib. Intra 8. B. Sect. 2. Against a Bayly of Cloath that suffers it to be consumed with mothes 27 Hen. 8. 25. 13 Hen. 7. 1. 18 Edw. 3. 23. Against a Baylie of a horse that suffers him to perish 12 Edw. 4. 13. 26 Hen. 8. br Action upon the case 103. Lib. Intra 3. B. Sect. 1. Regist orig 107. A. For losing a Release 34 Hen. 6. 4. So of a box Lib. intra 9. A. Sect. 1. Against him that suffers his dog to bite my sheep 28 Hen. 8. Dyer 25. pl. 102. fol. 29. pl. 195. 28 Hen. 6. 7. pl. 7. Lib. Intra 616. B. Sect. 1. Regist orig 110. B. But then the master ought to know that he would bite them ibidem But sciens is not traversable but may be given in evidence Coke 44. part 188. If the owner of the dog brings him to the master of the sheep to do justice upon him It lyes not 7 Edw. 3. bar 290. The Plaintiff declares that the Defendant was possessed of a dog 8º Octobris 7º Jac. using to bite c. and that the dog 12. October in the same year did bite his Lambs c. this is not good for he ought to have shewen that he continued his dog at the time of the biting for it shall not be presumed that he continued it without shewing it Pasch 9 Jac. ban Regis Louder versus Sounds 21 Edw. 4. 22. 15 Eliz. Dyer 320. 4. For suffering his dog to bite my servant Regist orig 111. A. 5. For hurting of an ox Regist orig 111. A. 6. For hurting of a horse after warning given Regist orig 106. A. 1. Against a Warden of the Fleet that suffers one to escape that was taken upon a Capias ad computandum 15 Edw. 4. 19. Lib. intra 8. C. Sect. 1. 2. Against a Shrieve that suffers one to escape that was taken upon a Statute Merchant Regist orig 98. B. Nat. br 93. A. the Writ there Against an In-keeper that suffers the goods of his guests to be stole Coke 4. part 32. Calyes case Nat. 94. B. Regist. orig 104. A. 105. A.
Original shall be removed 18 Edwrad the 3. d 24. And if it be of antient Demean the Origishall be removed 34 Assize 7. But Error upon a judgement in Ireland the Original shall not be removed 74 Assize 7. 37 Assize 15. Finchden Eror lyes not upon a Fine or Common recovery for false Latine rasure interlyning misentry of the warrant of Attorney proclamation mis-returned or not return of the Shrieve or default of form in words 23 Eliz. cap. 3. And by the 27 Eliz. cap. 9. this extends to Fines in Wales and Recoveries But before the Kings Silver be entred it is Error No. Lib. intra 231. A. sect 2. A Writ of Covenant returned before the Teste this shall be amended Coke 5. part 45. B. Gages case The Caption before the Teste of the Dedimus no error No. Lib. intra 255. C. sect 11. Pasc 1. Jacobi Regis Rot. 426. Countess of Bedford against Foster 1. Error assigned because the Writ of Covenant was of 8 Messuages and 2 Tofts the Fine certified is of 8 Messuages 2 Messuages but non allocatur because the Record hath relation to the Writ of Covenant 2. Error assigned because the indorsement was Executio istius brevis patet in quadam panella c. where it should be in quadam scedula sed non allocatur because in substance it is the same Mich. 30 Eliz. Ban. Regis Austein Steede versus Conaway Webbe a Fine was levyed of two Tenements and void because a precipe lyes not of it this case is entred Hill 30 Eliz. Rot. 165. Infancy good Error in a Fine Nat. br 21. D. 3 Hen. 6. 16. B. 2 Rich. 3. 1. 17 Edw. 3. 53. pl. 33. 27 Assise pl. 53. But if he come to full age it is not for then he is not in the same condition as he was when he levyed the Fine 17 Edw. 3. 53. pl. 33. Greene 17. Assize pl. 17. And although the other eject the protection yet if the Infant be inspected when he comes to full age he shall have the benefit of his nonage 22 Edw. 3. 6. pl. 24. 21 Assize pl. 10. Feme Covert as Feme sole levyes a Fine this shall bind all but the Husband Coke 7. part 8. Bedfords case 17 Edw. 3. 52. 78. 7 Hen. 4. 23. But if the Husband enters and dyes the Fine is void without more Coke 7. part 8. Bedfords case 7 Hen. 4. 2. 23. But if living the former Husband and she take a second and they levy a Fine this is utterly void because the second mariage is so 7 Hen. 4. 24. B. Gascoign 9 Hen. 6. 34. B. pl 3. Note when a thing is a mendible before the Writ of Error brought it is amendible as well after and this by a Superiour Court as well as an Inferiour Coke 8. part 162. A. Blackamores case Note that those things that are not amendible are Errors at this day When Judgement is given but not upon verdict of 12. upon Issue joyned there are seven Errors not amendible Coke 8. part 162. A. Blackamores case Fault of the Original No. Lib. intra 246. D. Misprison of the form of the Original false Latine or variance from the Register Material variance between the Original and the Count as C. W. in the Writ and W. W. in the Count Coke 5. part 37. Bishops case Jeofayl fault of Collour insufficient pleading or some default of the person or of his Counsell Error or misprision of the Judges in another Term Misericordia pro Capiatur è contra Coke 8. part 59. A. 41 Eliz. Dyer 315. pl. 99. Fault of warrant of Attorney Error in pleas of the Crown and Appeals or in proceedings upon them they are not amendable for they are excepted out of the Statute of Amendments and also Error in the Exigent to make one to be outlawed Coke 8. part 162. A. Blackamores case When judgement is given upon verdict of twelve upon issue joyned there are twelve misprisions not to be remedyed Coke 8. part 163. Blackamores case Material variance between the Original and the Count Coke 5. part 37 Bishops case The Original is Barbara and the Count is Barbaria this is erroneous Mich. 9. Jac. Ban. Regis Harrison Fettiplace Waste brought in Burrum Appleby and Flackebridge and the Account is of waste made in Burrum Appleby Flackbridge Park in Langton and it is variance because there is more in the Count then in the Writ Hill 12 Jac. Com. ban Countess of Cumberlands case When the Original of the Count differs in the substance Coke 5. part 45. Husband and Wife brought debt or an Action for rent due to them where it was due to the Wife before Coverture this is ayded by the Statute and good after Verdict Trin. 9 Jac. Ban. Regis Poore versus Boule Hill 36 Eliz. Ban. Regis Rot. 610. Griffin versus Elliot Ejectione firmae fault vi armis yet this is but a form and shall not stay judgement after Verdict and then it was also said that these words are not material for it may be without them 7 Hen. 6. 4. 17 Edward 3. 1. When the Venue is mistaken The issue was that within the Mannor of Wargrave and it was of the mannor of Wafield demiseable by Copy of Court Roll c. the Venue was of the Mannor of Wargrave and good because the issue was upon the Custome within the Mannor of Wargrave Coke 11. part 18. A. Nevils case but if one Mannor was in one County and another in another then otherwayes Mich. 11. Ia◠Ban. Regis in the same case 1. Trin. 11 Iac. Ban. Regis Morton versus Orde resolved in Error 1. Infancy during Non-age shall be tryed by the Justices Coke 9. part 30. 17 Edw. 2. Account 122. 46 Ed. 3. 8. 48 Edw. 3. 11. 14 Hen. 4. 2. If it be doubtfull to the Justices the Infant and the Witnesses shall be examined 25 Edw. 3. 42. 50 Edw. 3. 5. 3. If he be of full age in Actions reals it shall be tryed where the Land lyes 21 Edw. 3. 28. 38 Edw. 3. 17. 44 Assise 10. 46 Edward 3. 7. 13 Hen. 4. 3. 19 Hen. 6. 51. 4. If it be an Action personal as Ejectione firmae it shall be tryed where the Action is brought 21 Edw 3. 7. 3 Hen. 6. 40. 34 Hen. 6. 50. and so it was adjudged When the Return is by the Shrieve where it ought to be by the Commoners or e converso When the Shrieve puts not his name to the Return of the Jury When there is no return indorsed upon the Venire facias so if the name of the Shrieve be not put to the Writ of Inquiry Dammages Mich. 9 Jac. in the Chequer Chamber Shackly versus Porter When one gives the Verdict that was not returned in the Venire facias When it appears by all the Record that the Plaintiff had no cause of Action