shall have that Fitzh fol. 11. The King shall have yeare day and wast of Lands in ancient Demesne if it be so that the Tenant have sold them against his Lords will and yet not the Lands past by surrender Stam. fol. 50. Note this is where the copy-holders in ancient Demesne have used time out of minde to sue for them by petty Writ of Right close and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit copy-hold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say to hold at the will of the Lord in these copies but to hold according to the custome of the Mannor by the Services before due and is not said there at the Will of the Lord. Ancient Demesne is Socage Tenure for they are called Sokemaines Fitzh 14. C. By what Writ Execution shall be in ancient Demesne and by what not and shall be free of Toll c. EXecution of Writs in ancient Demesne cannot be for that Execution is given by Westm 2. chap. 18. and that the Statute is if they be ejected of those Tenements they have to recover by a VVrit of new Disseisin 22 Book of Ass 45. Upon a Statute Merchant execution was awarded of Lands in ancient Demesne Br. Tit. 37. Debt against Heire if he hath Lands in ancient Demesne they shall be charged as Assets 7 H. 4. fol. 15. Those Tenants of ancient Demesne are quit of Toll and passages for Goods sold and bought in Faires and Markets and to be quit of Taxe and Tallage of Parliament unlesse they be taxed by the Parliament and to be quit of expences of Knights of Parliament and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne Eitzh 14. Court of Pipowders Let us see the nature and authority of Court of Pipowders COurt of Pipowders is a Court of Record and the Steward is Judge for that that there are no Suitors there and for that error lieth there upon erronious judgment given and not a VVrit of false judgment 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there It was held that a Court of Pipowders may be by custome in a City without Faire or Market and therefore where it was assigned for error upon a Record given in a Court of Pipowders according to the custome of the City held c. And though it be not in full Market or Faire it was adiudged no errour 13 Ed. 4. f. 8. Trespasse of Goods taken the Defendant iustifies as Bailif of the Town of Rippon by vertue of a command of execution of a iudgment given against the Plaintif in Debt in Court of the said Faire at Rippon and for that that the Plaintif did not make agreement for the Debt recovered against him within ten daies after iudgment given he makes price of the Goods by Merchants of the Town of Rippon and for that makes agreement with the party and this Justification was good 20 Book of Assise 90. It was enacted that no Steward shall hold Plea in this Court unlesse the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit Faires the fourth In Court of Pipowders the Plaintif or his Attorney shall be examined by Oath if the matter rose within the Faire and the Defendant also may pleade that this arose in a forrain place 1 R. 3. chap. 6. Debt in the common Bench against Mawd and counts that he had recovered ten Markes against the said Mawd in Court of Pipowders at Everwick and the Plaintif by Certiorare removes the Tenor of the Record in the Chancery and from thence by Mittimus into the common Bench to have execution and attachment was made upon the Originall at the ninth houre and he appears and pleaded and a Venire facias went out returnable at the third houre after the ninth and so in Court of Pipowders the processe is from houre to houre 7 H. 6. fol. 19. The book of Entries fol. 167. See there the form of the Count and Precipe of summoning in this Court and the Processe of Capias and proceeding in Debt in this Court and Debt against a Jaylor for escape in Title Debt The book of Entries fol. 18. See Scire facias to have execution upon iudgment given in a Court of Pipowders in an action of account brought there and removed into the common Bench to have execution of that iudgment And it seems breifly that nothing shall be sued here unlesse the contract or deed were made within the Precinct of the Faire or Market as it appeares above and for that Informations of penall Statutes ought not to be sued in this Court of things and Offences made out of Faires and Markets as insufficient tanned Leather carryed to be sold in Faires against the Statutes also this Court is ordained only for hasty redresse of things there during the Faire Court of Marshalsey FIRST In the booke called the Diversity of Courts fol. 110. It is said that the Court called the Marshelsey is an ancient Court of Record and made to have good government and order within the Kings House for preservation of the King and his Servants and to this Court are certaine bounds limited by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there within the Verge limited to his Graces Court that it shall not passe the space of twelve Miles to be accounted from his Lodging Fitzh 141. B. And in diversity of Courts it is said that this Court hath power to inquire of Treason Murder and Felony and to take appeales of them and also of Maymes if they be made within the Verge and between persons of the Kings House And said there also that if one of the House of the King sue another which is not of the House he shall plead to the Jurisdiction of the Court and if they will not this exception allow he shall have a VVrit of Errour and that shall be reversed in the Kings Bench Fitzh 242. A. Seek in trespasse And the Judges in this Court are the Steward and Marshall of the Kings House for in these is the order of the Kings House Note that by the Statute Articuli super chartas c. 3. that the Steward and the Marshall shall hold no Plea of Freehold nor of Debt Covenant nor of any bargain made between any of the Kings People but only of trespas made within the Kings House or other trespasse made within the Verge and of Contracts and Covenants which one of the Kings House made with another in the same House and not otherwhere And they shall plead no Plea of trespasse except the parties were arrested by them before the King departed the Verge where the trespasse was committed and
our Law and if he sue for that ten pounds in Court Christian Prohibition lies but if he promise one with his Daughter in Marriage ten pounds he shall sue for that in Court Christian 17 Ed. 4. fol. 4. If a man promise a certain summ of Money to another to marry his Daughter or Servant which he marries accordingly Debt doth not lie for it is Spiritual contrary Rogers and Sulyard for it is one for another though it were said contrary and the reason was it shall be sued in the Spiritual Court for this Cause 22. Book of Assises 70. If one promise that if he will marry his Daughter he shall have ten pounds this is a Contract this is a Promise in our Law and he shall have Debt but if he say he will give with his Daughter ten pounds he ought to demand that before the Ordinary 45 Ed. 3. f. 24. Where Covenant was by Deed between the Plaintiff and Defendant that if the Plaintiff took to Wife the Daughter of the Defendant that then he shall be bound to him in a hundred pounds and if he takes her to Wife Action of Debt lies and the Court shall not be out of Jurisdiction though that touch Matrimony for that that this was by Deed but otherwise it is if it were without Deed. 37 H. 6. f. 9. By Prisot if an Agreement be made that A. shall take the Daughter of B. in Marriage and if he marries her there it is said that he shall not have Debt for it seems it is not Quid pro quo Inquire for if one sels a Horse for ten pounds and hath no Horse yet he shall have Debt for that and yet it is not one for another and where I sell my Land in D. for ten pounds Debt lies and yet he hath not the Land before Livery 27 Book of Assises 29. Where a man sels all the Trees in his VVood and agrees that the same Buyer shall not cut them before Michaelmas next if Hauks in the mean time are in the Trees it seems that the Seller shall have them 14 H. 8. fol. 1. If a man let Land except the VVood and under-wood and Hernes and Shovelers make their Nests in the Trees the Lessor shall have them for the Trees are excepted and the Nests in the Trees and the same Law of Akorns which come by reason of the Trees 7 H. 7. fol. 5. If a man sell a Lease of Land and certain Cloth for ten pounds the Contract is intire and cannot be severed and if one of them were by defeasible Title and devested from the Vendee yet the Seller shall have the whole summ for the Contract is intire and cannot be severed See 12 H. 8. f. 13. 9 Ed. 4. fol. 1. 9 H. 7. f. 22. If a man sell stuff for forty pounds and deliver the stuff and no Money paid nor Day appointed yet it is a good Bargain and he shall have Debt for the forty pounds but 11 H. 4. f. 33. If one assume to make the Plaintiff a House before such a Day and doth not unlesse it be for such a summ of Money Action upon the Case doth not lie for it is a naked Bargain 9 Ed. 4. f. 54. By Littleton if a man recovers in Debt upon a Contract and doth not take Execution yet he cannot have new Action of Debt upon the Contract for the Contract is determined by the Judgement and the nature of the Duty changed to a Record And by Danby and Moyle in Account Debt Trespasse and such like it is no Plea that the Plaintiff at another time recovered in them unlesse he said that he had Execution also contrary Littleton and Choke See there in Debt upon an Obligation seems contrary 2 R. 3. f. 14. Where one brings Detinue and is barrd by Law waging he shall not have an Account afterwards for Detinue affirmes property in him and Account disaffirmes that 12 Ed. 4. fol. 13. Where is a Barr by waging of Law in Detinue one shall not have after an Action upon the Case for negligent keeping the thing as it seems 40 E. 3. fol 27. Where in Trespasse one recovers in London and be brought in the thing judged he cannot refuse this Judgement and sue for the Trespasse in a higher Court. 20 H. 6. fol. 12. Trespasse of Goods taken it is a good Plea that you at another time brought Trespasse against me and J. S. and that J. S. appeared and pleaded not guilty and it was found against him and that the Plaintiff had Judgement for it is carried in Damages and reduced into the thing judged and may have Execution at his pleasure but otherwise it is in Debt for there it is not a good Barr unlesse he pleads that he had Judgement and Execution against one 23 H. 8. Tit. 105. Action upon the Case Debt of twenty pounds if the Defendant hath waged his Law in this Action and the Plaintiff brings an Action upon the Case it is a good Plea for the Defendant to say that at another time he was barred in Debt for the same by waging of Law 2 R. f. Trespasse if in Debt or other Action in the common Bench the Defendant pleads Recovery of that in a Court of Franchise or that the Plaintiff is barred in a Court of Franchise though it be not of Record here yet it seems that the Defendant shall have advantage of Record and otherwise shall be a mischeif 46 Ed. 3. f. 17. 17 Ed. 3. Tit. Barr 246. Debt upon an Obligation it is no Plea that at another time before the Mayor of London the Plaintiff recovered upon the same Obligation against the Defendant and had Execution it is no Plea for that that the Obligation was not Damnum nor the Defendant doth not shew Acquittance and the Plaintiff by Award of the Court recovered 4 H. 7. f. 8. Three bound in an Obligation joyntly and severally it is no Barr for one to say that he recovered against another but that he recovered and had Execution is good and he ought to shew Acquittance of the Payment or otherwise he shall be charged 5 Ed. 4. fol. 5. Debt by severall Precipes against two by Choke where he hath Execution against one he shall not have against the other afterwards 22 Ed. 4. fol. 7. Two are bound in an Obligation joynty and severally if I have Execution against one this is a Barr against the other but not Judgement onely Husband and Wife What Contract and Act of a married Wife Bailiff and Servant shall binde the Husband or Master and what not A Married Wife hath no Will but the Will of her Husband and for that if a married Wife sell or give Goods and the Husband agree before or after it is good and it is his Will and his Sale and if the Bargain be advantage or disadvantage to the Husband Agreement of the Husband makes it good the same Law of an Assumpsit made to a married Wife to deliver one out
so high and not upon bare matter DEbt upon arrearages of Annuity the Defendant saith that he let the Mannour of D. to him in recompence and it is no Plea for it is not so high 19 H. 8. fol. 9. Trespasse upon the Statute of Rich. The Defendant pleads in Barre warranty of the Ancestor of the Plaintiffe and demands Judgement if against the warranty c. and it is no Plea for Damages is onely to berecovered 10 H. 7. fol. 12. Trespasse the Defendant may plead Fine with Proclamation Judgement if Action but not to relie upon the estoppell 27 H. 8. fol. 27. 14 H. 4. fol. 27. Debt upon a Lease by Indenture the Defendant saith that he hath bestowed the Rent upon reparations by commandement of the Plaintiffe and it is not good for it is not so high 10 H. 7. fol 4 Debt upon arrearages of a Lease for years the Defendant pleads agreement and it is not so high 1 H. 7. fol. 14. The Defendant cannot avoid specialty by bare matter as to say the specialty was delivered to him in place of an acquittance for it is not so high 10 Ed. 4. fol. 18 Debt upon an Obligation endorsed with condition that if the Defendant serve him in all his lawfull commands c. the Defendant may plead that he discharged him and it is good without specialty for the condition is matter in deed 18 Ed. 4. fol. 9 If one covenant by Indenture to make me a house before such a day and he plead that I discharged him before the day it is good without specialty for I cannot come upon his Land after discharge 19. Ed. 4. fol. 2 the same 21 H. 6. fol. 36. Trespasse of taking his Apprentice the Defendant saith that the Plaintiffe discharged him before the Trespasse of taking and it seems no Plea for that he is an Apprentice by Indenture and the discharge without specialty and to another person 9 Ed. 4. fol. 57. Annuity the Defendant pleads levied by distresse in another County and so that he owes him nothing and it is good but that he owes him nothing onely is no Plea against specialty 3 H. 6. fol. 41. Scire facias upon recovery of arrerages of annuity Defendant pleads that the Deed of annuity was delivered to him in lieu of an Acquittance and it is no Plea against a recovery 11 H. 4. fol. Debt upon arrerages before Auditors the Defendant pleads that he hath an obligation for the same and it is no Plea for it is not so high 11 H. 7. fol. 13. VVaste Defendant pleads an agreement between him and the Plaintiff and it is no Plea for the Inheritance is to be recovered in this writ and for that it is no Plea Scire facias upon a Recognisance to have one here at a certaine day to appeare it is no Plea to say I have been there without shewing his appearance of Record for it is not so high 7 H. 6. fol. 26. B. Debt upon arrerages of account before Auditors the the Defendant pleads Abitrement and it is no Plea against matter of Record before Auditors 3 H. 6. f. 55. 8 H. 5. f. 3. the same 10 H. 6. tit 44. 4 H. 6. fol. 17. and 3 H. 4. f. 7. H. 4. f. 6. adjudged Debt upon an obligation the Defendant cannot plead payment for it is not so high 1 H. 7. fol. 14. Debt upon an obligation endorced upon condition the Defendant may plead that the Plaintiff hath retained parcell of the smaller summ hanging the VVrit and it is good in abatement without specialty 5 H. 7. f. 4. Action upon the Statute of Rich. If the Defendant plead Act of Parliament by force of which he was seised till the Plaintiff entered upon him upon which he re-entered the which is the same Trespasse c. and concludes Judgement if action it is good 3 Ed. 4. fol. 6. Annnity by grant the Defendant saith in abatement that after the action brought that the Plaintiff hath retained part of the arrerages and it is no Plea without specialty for it is not so high 22 Ed. 4. fol. 51. Debt upon an obligation the Defendant pleads receit of parcell hanging the VVrit Judgment of the writ and it is not good without specialty 7 Ed. 4. fol. 15. 15 H. 7. fol. 10. Debt upon a single obligation of twenty pound the Defendant pleads that the Plaintiff hath received parcell hanging the VVrit and demands Judgment of the VVrit and it is no Plea without shewing Acquittance for it is not so high VVaste the Defendant pleads agreement to make fludgates only and agreement is no Plea in this action for it is not so high for Land is to be recovered 13 H. 7. f. 20. 11 H. 7. f. 13. Covenant upon specialty the Defendant pleads arbitrement and it is not good for it is not so high 3 H. 4. fol. 2. Debt upon obligation the Defendant cannot plead that the Plaintiff delivered this obligation again to him in place of an Acquittance and took it again from him for it is not so high 5 H. 4. fol 2. Debt for Rent upon a Lease by Indenture the Defendant cannot plead payment for it is not so high but payment and so he owes him nothing is good but where a Lease is by word payment in Debt upon that is good 1 H. 5 fol. 6 See 46 E. 3. f. 1. See 10 H. 7.24 b. 11 H 7.4 b. 20 H. 6.20 b. 9 Ed. 4.27 Debt upon obligation upon condition the Defendant may plead payment according to the condition without specialty 5 H 7 fol. 41. 5 Edw. 4 fol 5. the same Debt for Rent upon a Lease payment is no Plea without saying and so he owes him nothing but payment in another County is good without concluding and so he oweth him nothing 33 H 6 fol 4. 10 H 7 fol 4.3 H 7 fol 3. Debt upon a bargaine where the Defendant may wage his Law he cannot plead payment in another County 18. H 6 fol 13. 10 H 7 f 4. 11 H 74 b. Count. Count shall be more certaine then a Barr and yet sometimes it is good by intendment that is if Common reason do not imply contrary to the Count it is good by intendment DEbt upon obligation without date yet the Plaintiff ought to count when it was made But otherwise it is if the Defendant plead an Acquittance without date 3 H. 4. f. 5. 6 Ed. 4. f. 11. Debt or annuity without date the same 5 H. 7.24 B. of annuity Quare impedit If the Plaintiff counts that foure persons were seised of a Mannour to which the Advowson is appendant whose Estate he hath it is not good without counting how he hath it otherwise it is in Barr 2 H 6. fol. 10. Action upon the case of borrowing a Horse to ride to York and counts that he rode him further he ought to count in what County York is 21 Ed 4. fol 79 b Debt and counts that if the Defendant make voluntary wast
have a Scire facias and upon that an Elegit or a Fieri facias Upon a Recognizance there shall go no Capias but it is used otherwise at this day that is Scire facias returnable into the Chancery and they use now to award a Capias Fieri facias or Elegit 48 Ed. 3. fol. 14. Statute Merchant hath two Seals and one is the Seale of the paray and for that upon that he may have Debt to have execution but Statute staple onely the Seale of the party 15 H. 7. fol. 15. A man may sue Debt upon the Statute Merchant Staple or Recognizance See Statute Merchant Fitzh 122. D. and fol. 77. the same Note that there are foure manner of Executions and note Covin to defeat them void THere are foure manner of Executions that is of body by Capias of Chattels by Fieri facias of Lands by Elegit and after the yeare after Judgement by action of Debt 11 H. 4. fol. 42. Debt upon Recovery shall not be within the yeare after Judgement but after the yeare 5 Ed. 4. fol. 1. If after Judgement one gives his Goods to one to defraud me of execution and notwithstanding takes the profit of them I shall have Execution of these Goods 22 Booke of Assises 72. 3 R. 2. the same and 50 Ed. 3. the same All Conveyances of Lands and Hereditaments Goods and Chattels Leases Rent Common or Profit or charge out of Land Judgment Execution Deeds by fraud or Covin to the intent to defraud Creditors and others of their just and lawfull Actions Suits Debts Accounts Damages Forfeitures Harriors and Releifs are voyd onely against the persons their Heires Successors Executors Administrators and Assignes and every of them whose Actions Suits Debts Accounts Damages Forfeitures Harriots and Releifs by such fraud shall be or may be hindred delayed or defrauded notwithstanding fained consideration expressing of use or any other matter or thing to the contrary 13 Elizabeth chap. 5. Debt against Executors they plead gift of all the goods of their Testator by Deed without that that they administred other Goods and the Plaintiffe averrs that the gift was made to defraud the Creditors 13 H. 4. fol. 9. See 16 Ed. 4. fol. 9. Issue was taken if the Goods were made away to defraud Execution or not 43 Ed. 3. fol. 3. Where Debtors make Gifts and Feoffments fained of their Goods and Lands to their Freinds and others and take Priviledges Rastall Debt 5. and take profits of their Lands and Goods so given by fraud shall be a Capias and Proclamation and after Execution of his Lands and Goods 2 R. 2. Stat. 2. chap. 3. Where Debtors make Gifts and Feoffments Rastall execution 5. as it is sayd in the Statute of 2 R. 2. and flye to places priviledged and take profits that the Creditors shall have Execution of the sayd Goods and Chattells as if no such Gift had been made 50 E. 3. chap. 6. 26 H. 8. fol. 2. If a man takes a Wife which hath Goods and aliens them by Covin supposing a Divorce to follow and after they are divorced the VVife may averr the Covin and have her Goods againe 33 H. 6. fol. 5. One buyes in Market open Goods taken by wrong if the buyer have knowledge of the wrong the property is not altered 14 H. 8. fol. 9. by Brook If I by fraud and Covin cause one to take your Goods and to sell them to me in an open Market yet that shall not change the property for that I am party to the Covin At Northampton before the Lord Dyer there was a Deed of gift of Goods shewed and in that it was exprest by words to the use of the Donee and yet it was averred that it was by Covin 44 Ed. 3. fol. ult A VVoman hath good cause to be endowed and shee procured J.S. to out the Tenant and then shee brought a Writ of Dower against J. S. and recovered and had Execution the Tenant may have an Assise against her and recover 22 Book of Ass 1. Assise The Tenant hanging the Assise enfeoffs another or suffers another to enter end recover by Formedon by elder gift this Covin shall not hurt the Plaintiffe but that he may recover 38 Book of Assises VVhere one was outlawed of Felony alleadges Imprisonment at the time of the Outlawry and it was replyd that he was in Prison by his owne Covin and issue upon that 41 Book of Assises 2. A man hath right of Action and makes one by Covin to enter upon him which is in by discent and recovers he shall be adjudged to be in as an Abator and not by Title Evidence AND for that that you have not many times Councell in your Court Barons and for that that it is many times pleaded to the generall Issue where it ought not It is now expedient to shew what matter may be given in evidence upon generall Issue and what not And first where the Defendant pleads the generall Issue and shews in evidence that the Plaintiffe hath no such cause of Action as is brought nor no cause of Action this is good evidence upon generall Issue Action upon the Statute of Parco fracto not guilty and evidence that hee hath no Park is good 19 H. 6. fol. 7. Trespasse in VVarren not guilty and evidonce that he hath no VVarren is good 10 H. 6. fol. 17. and 34 H. 6. fol. 7. Trespasse by VVarden of the Fleet not guilty and evidence that he is not VVarden is good 4. Ed. 4. fol. 7. and 12 E. 4. fol. 7. Trespasse of a House broken not guilty and evidence that the Plaintiffe hath no House there is good 22 H. 6. fol. 7. Trespasse not guilty and evidence that the place where the Trespasse was done is the free-hold of another and not of the Plaintiffe is good 4 E. 4. fol. 5. Debt against a Vicar for holding Farmes He hath not against the forme of the Statute and evidence that hee had for maintenance of his House it is good 27 H. 8. fol. 25. Action upon the Case of finding his Goods and converting them to the use of the Defendant not guilty and evidence that they were not the Goods of the Plaintiffe is good 3 Mar. and 33 H. 8. Action upon the Case 109. Otherwise it is in Trespasse 27 H. 8. fol. 25. Debt upon arrearages of account hee oweth him nothing in manner and forme and evidence that there was no such account is good 2 H. 6. fol. 26. Debt upon arrearages of Rent upon a Lease for yeares he owes him nothing and evidence that hee did not demise is good 7 H. 7. fol. 3. Debt upon sale of a Horse for forty shillings the Defendant may plead he oweth him nothing in manner and form and evidence that the sale was of two Horses for forty shillings or that it was of an Oxe for forty shillings is good 21 E. 4. fol. 26. and 9 E. 4. fol. 1. by Moyle VVaste no waste made and
plead in person afterwards that he is Prior of the Church of St. Peter and Paul for that is parcell of the name which cannot be pleaded after Imparlance for that doth notstand with c. 35 H. 6. fol 37. Trespasse against J.S. of D. after Imparlance he demands Judgment of the Writ for day of the Writ purchased he was dwelling at S. and not at D. and shall not have it for it is contrary to the name which the hath affirmed by the Imparlance 32 H. 6. fol 35. After Imparlance the Defendant cannot plead that he is dwelling in another place then is in the Count 19 H. 6. fol 1. 35 H. 6. fol 43. Debt against J. S. as Executor of J. D. and he imparles he shall not say after that he is Administrator and nor Executor 32 H. 6. fol 32. The same 36 H. 6. fol 17. 37 H. 6. fol 32. If the Defendant in personall action imparle and at the day makes default Judgment shall be given and in a reall action shall be awarded a Pettie Cape 7 H 6. fol 30. The same 11 H 7 fol 5.38 H. 6. fol 36.39 H. 6. fol 17. 4 H. 7. fol 12. If a man in debt upon an Obligation imparle before he demands hearing of the Obligation and Condition and hath that entred he cannot plead the Condition afterward for he shall not have hearing of that if he do not alledge variance 13 H. 7. fol 17. Precipe of Lands in D. the Tenant imparles and at the day he may say no such Town 9 Ed 4. fol 33. the same 7 Ed 4. fol 1. Trespas 16 H. 7. fol 17. Debt by Prior the Defendant imparles and at the day saith that the Plaintiffe is deposed for that goes in Bar. 7 Ed. 4. fol 1. Trespas against J.S. de D. in the County of Middlesex after Imparlance the Defendant cannot say no such Town D. within the said County but he may say there is over D. and nether D and none without addition 22 Ed 4. fol 1. the same 9 Ed. 4. fol 38. Precipe after Imparlance one may plead Non-tenure and Joyntenancie But in Precipe of Lands in D. and S. the Tenant Imparles and at the day saith That D. is an Hamlet of S. without that that there is any Town or place known out of the Town named D. in the same County Judgment of the Writ and hath the Plea by the whole Court 9 Ed. 4. fol. 42. Debt against Executors after Imparlance he cannot say that the Testator dyes intestate and that the Administration was committed to him Judgment of the Writ for he is estopped by the Imparlance but he may plead never Executor nor ever administred as an Executor for that is with the c. 32 H. 6. fol. 32. the same 18 Ed. 4. fol. 19. Writ is abated by death and abateable by Joyntenancie and severall tenancie and where a man is made knight or a woman takes an husband and such like and saith where a Writ is abateable if he Imparle or take continuance he cannot plead in abatement But otherwise it is if it were abated See 7 H. 6. fol. 16. and 20 H. 6. fo 17. And note that it pleaded there that the Plaintiffe is a knight 44 Ed. 3. fol. 4. After Imparlance the Defendant may plead to the Action as to say that the Plaintiffe is a Channon professed c. But he cannot plead to the Writ unlesse he come after the Continuance unlesse it were for that that the Writ is abated as death c. 20 Ed. 4. fol. 9. Debt upon a Lease of a Corodie the Defendant imparles and after that shall not have hearing of the Deed. See 4 H. 7. fol 12. 4 H 7. fol. 17. Replegeare against three which imparle joyntly and one makes default the other cannot plead no such in being as one is which makes default 11 H. 7. fol. 5. Debt for Corn the Defendant imparles and at the day makes default there shall go a Writ to inquire of the value See 37 H. 6. fol. 32. 15 H. 7. fol. 14. Attorney for Corporation after Imparlance he cannot plead that they are corporate by another name 32 H. 6. fol 12. Where a Writ is abated he may plead that though there be a Continuance as to say that the Plaintiffe is dead or hath an Husband day of the Writ but if it be abateable it is otherwise he may say that after the last continuance is made knight Judgment of the Writ c. where it is abateable 34 H. 6. fol 49. Debt upon Obligation by three the Defendant pleads not his Deed yet he may plead that after the last continuance one Plaintiffe is dead 22 Ed 4. fol 36. Trespasse The Defendant after Imparlance may say that the Plaintiffe is his wife Judgment if Action or that the Plaintiffe is a Monk professed And in Mordancester that the Demandant is a Bastard And in Debt against Executors after Imparlance he may say he was never Executor nor ever administred as Executor for these are disabilities which go in Bar. 32 H. 6. fol 32. It seems a man may plead after a Continuance that the Plaintiffe is a stranger born or Monk professed Judgment if Action and not to the person 36 H. 6. fol 7. 7 H. 6. fol. 39. It seems that after Imparlance one cannot plead to the Jurisdiction unlesse it be after speciall Imparlance saving all advantages as well to the Jurisdiction of the Courts as to the Writ and Declaration 19 H. 6. fol. 7. Debt by Executor which shews the Will as it behoveth and after the Defendant imparles there he shall not have reading of the Will again 38 H. 6. fol. 2. But if he plead variance he shall have Reading and so in Debt upon Obligation 16 Ed. 4. fol. 4. Debt upon specialtie the Defendant may plead Out-lawrie in the Plaintiffe though he hath parled for that is a Bar and intitles the King 4 Ed. 4. fol. 15. Debt after Imparlance one space in the Count cannot be amended in another tearm 39 H. 6. fol. 22. Debt upon arrerages of annuitie after Imparlance the Defendant cannot have hearing of the Deed But if the Defendant plead that it was made in another County then where the Writ was brought and then he shall shew 39 H. 6. fol. 17. the same Pleas after day given IF the Defendant imparle and make default he shall be condemned and upon day given shall issue Processe 7 H. 6. fol. 42. 19 H. 8. fol. 6. Note by all the Prothonotaries that day given is ever before the Count and Imparlance is after the Count and therefore where three Capias and Exigent is awarded and the Defendant appear upon the Exigent and hath day given and after makes default Distringas shall go and upon that returned Nihil other 3 Capias and Exigent and upon default in persâ—r all action he shall be condemned See 7 H. 6. fol 42. 20 H. 6. fol 17. Trespas the Defendant at the day which he hath by
in Maintenance if he justifie he shall say he shall say without that that he maintained in other manner 32 H. 6. f. 1 Trespasse of Assault and threatning the Defendant saith that the Plaintiff called him Traitor and he said thou lyest in thy throat it is no Plea for he doth not confesse any threatning 37 H. 6. f. 3 Conclude Order and form how one ought to conclude in his Plea WHere to a Bar there ought to be a Reply the Conclusion of his Plea shall be and this he is ready to prove c. and where but ready that so there it is otherwise 33 H. 6. f. 21 12 Ed. 4. f. 13 the same As in Dower the Tenant pleaded not ever seised that Dower he ought to conclude and of this he puts himself upon the Country for no Reply shall be but ready that so Where the Defendant pleads to the Issue the conclusion shall be and of this he puts himself upon the Countrey and where the Plaintiffe pleads to the Issue he shall say and he desires that this may be inquired by the Countrey 26 H. 8. f. 4. If one plead a Plea which is not traversable as no wrong or generall Issue or Record as Outlawry he need not in his conclusion averr his Plea that is and this he is ready to prove c. 36. H. 6. fol. 17. When the Defendant justifies he ought to conclude and this he is ready to prove c. and when he pleads the generall Issue he need not 6 H. 4. fol. 18. and the Book of Entries fol. 152. the same Quare impedit If the Defendant plead that it is incorporated by another name Judgement if Action this conclusion is not good but he ought to conclude Judgement of the Writ 26 H. 8. fol. 1. â—nd 4 H. 6. fol. 27. Where the Defendant saith that the Parties to the Fine have nothing but one such a one whose estate he hath he ought to conclude and this he desires may be inquired by the Countrey and the aforesaid Plaintiffe likewise it shall be entered for here needs no Reply but ready that so as above 12 Ed. 4. fol. 13. Debt upon Obligation the Defendant saith that it was endorsed upon Condition to perform Covenants of an Indenture and that part was read and part not and that he was a man unlearned there he ought to conclude Judgement if Action the same Law is where he saith it was made by constraint or that he was under age or that it was delivered as an Eserow 7 Ed. 4.3 B. he ought to say Judgement if Action 14 H. 8. fol. 30. Debt upon obligation to plead payment and delivery of that in place of an Acquittance he ought to conclude judgement if action but if he avoid that for that it is raced or interlined there it shall be concluded not his deed for where a Deed is void he ought to conclude not his Deed and where voidable or matter in Law judgment if action 1 H. 7 f. 14. Debt upon Obligation to say he is a man unlearned and this was read to him to be with Condition and so this Obligation being single is not his Deed 7 Ed. 4. fol. 5. 15 Ed. 4. fol. 17. 16 Ed. 4. f. 1. the same 9 H. 5. f. 15. and 3 H. 6. fol. 52. Debt upon a Lease to plead payment in another County or levyed by Distresse without concluding and so he ows him nothing is good 9 Ed. 4. fol. 57.3 H. 7. fol. 3. and 33 H. 6. f. 4. the same but levied by Distresse or payment in the same County is not good without concluding and so he owes him nothing Debt for Wages upon a Bargain to plead payment in the same County and conclude and so he oweth him nothing is good 40 Ed. 3. fol. 24. Debt upon a Lease by Indenture for the defendant to plead payment in the same County it is no Plea without concluding and so he oweth him nothing to the point of the Writ 1 H. 5. fol. 6. Where he ought to conclude and so not his Deed. DEbt upon a single Obligation the Defendant saith that he is a man unlearned and this was read to him with a Condition and so not his deed 1 H. 6. fol. 3 H. 6. fol. 38. Debt by a Husband and his Wife of an Obligation made to them the defendant being Executor J.S. pleads Release of the Husband made to him and the Release was of all actions and demands as Executor and all actions personalls and other demands and the Plaintiffe saith that he is a man not learned and it was read for Actions as Executor and so not his deed and good See 3 H. 7. fol. 5. and 19 H. 8. 1 H. 7. fol. 14. If the defendant confesse that once by his own Plea his deed he cannot afterwards conclude and so not his deed As if an Infant makes a deed or a man by constraint if he plead these matters to avoid that he cannot conclude and so not his deed but where an Obligation is void he ought to conclude and so not his deed as where an Obligation is made by a married Wife or a deed raced or interlined 1 Ed. 3. fol. 5. the same Where he ought to conclude according to his matter pleaded LIttleton f. 39 Six manner of men are against which if they sue Actions Judgement may be demanded if they shall be answered in the Conclusion of his Plea and first if he say that the Plaintiff is his Villain he shall say Judgement if he shall be answered second is outlawed third is a stranger born fourth is one attaint in a Premunire fifth is professed in Religion sixth is excommunicated the Defendant may plead these and demand Judgement if the Plaintiff shall be answered 34 H. 6. fol. 9 If the Tenant plead Joint-tenancy or other Plea in Abatement he ought to conclude Judgement of the Writ and where one pleads in Barr he ought there to conclude Judgement if Action 49 Ed. 3. f. 24 Account of Receit in C. the Defendant saith that C. is within the five Ports Judgement if the Court will acknowledge it and so alwayes to the Jurisdiction that is Conclusion as Parson sue for Tithes c. In divers Cases they ought to conclude in the Negative where so to the Affirmative pleads that his Plea is but as an Argument and not full Answer and also to make the matter in Law plain SCire facias against a Parson of Arâ—erages of an Annuity the Defendant pleads that before the Writ purchased he resigned and so not Parson and it is good 7 Ed. 4. fol. 16 10 H. 7. f. 4 Said in Debt upon a Lease for the Rent behinde if the Defendant pleads Payment in another County this is good without concluding and so he owes him nothing c. But if he plead Payment in the same County it is no Plea without concluding and so he owes him nothing 9 Ed. 4. f. the last 9 Ed. 4. fol. 15 Debt
Steward and that in a Leet was presented that the Plaintif is a Felon and that he shewed his Rolls to the Justices at the Session which commanded him to shew that to the Jurors which inquired for the King which he did and saith that that is the same for by Englefield when the Defendant pleads a Conspiracy which is iustifiable he ought to shew that it is the same Conspiracy 27 H. 8. fol. 2. Annuity is brought of six and twenty shillings and eight pence the Defendant saith that he held of the Plaintif by six and twenty and eight pence of Rent which is the same Rent and is not good for it cannot be the same 33 H. 6. f. 38. Debt upon Obligation the Defendant saith it was made by threats the Plaintif saith that he let the Land to the Defendant rendering Rent and saith if he would not seal the Obligation to him for the Rent behinde he would sue him at the Common Law which is the same threatning and it is no good Plea for this is lawfull and not a threatning 16 Ed. 4. f. 7. Br. Tit. Duresse 23. Maintenance the Defendant saith that he carried the Money of him which the Plaintif supposed he maintained to his Counsel which is the same Maintenance and this is no plea for this is no Maintenance 34 H. 〈◊〉 fol. 19. Replication Where a faulty Barr is made good by Replication and where not TRespasse the Defendant pleads an Agreement to pay Money and to make Windows and said that he paid the Moneys and nothing of the Windows and the Plaintiff replied and said no such Agreement and yet the Plaintiff in Barr pleaded an Agreement and that not executed is not made good by the Replication for the Barr is not good to no intent and the Replication cannot make that good 6 H. 7. f. 10. But count where a Barr may be made good by a Plea of the other party where the Count or the Barr is uncertain as where the Plaintiff counts of an Obligation in Debt and doth not count where it was made and the Defendant pleads Release and acknowledge it and the Conisee where the place should be in is now outed and need not to have that the same Law in Trespasse where a man pleads Arbitrement and doth not shew the place where the Submission was that is not good but if the Plaintiff reply and saith that he discharged the Arbitrators before the Award now it is good for that which was ill is now confessed 10 H. 7. f. 24. 20 H. 7. f. 12. By Hussey if one plead Joint-tenancy day of the Writ purchased it is not good for that he might be sole Tenant after if the Demandant saith sole Tenant and doth not demurr it is made good by Replication 5 H. 7. f. 14. The same Law if in Debt against Executors they plead nothing in their hands day of the Writ purchased and do not say nor ever after the plea is not good but if the Plaintiff reply and say that they have Assets and that is found he shall have Judgement 3 H. 7. fol. 8. accordingly False Imprisonment the tenth day of May the Defendant saith that the Plaintiff made an affault in the Court before the Steward and for his disturbance of the Peace in the Court he was committed to ward the Plaintiff saith of his own wrong without such cause and now though the Defendant hath not shewed what day the Court was yet by the replication it is made good for now the day is not materiall 21 H. 7. f. 32. If double Plea be pleaded and the Plaintiff replies and rakes Issue of one matter and that is found he cannot after plead in arrest of Judgment for by the Replication it is made good 18 Ed. 4. fol. 17. Debt upon in Obligation the Defendant pleads a defeasance which is that if the Defendant deliver to the Plaintif in London certaine Clothes of Kersey of as good Stuff and of as good making as before these times have been made in the Town of D. in the County of Darby that then the Obligation should be void and saith that he hath delivered to the Plaintif in London the Clothes of as good c. According to the condition and this Plea is not good for that that it cannot be tried for those of London cannot try if they were as good c. But the Plaintif replied and said that the Plaintif did not deliver to us any manner of Cloth in London ready c. and now by the Replication it is good 22 Ed. 4. fol. 2. Debt the Plaintif counts upon a Lease for terme of yeares and doth not shew where it was made and the Defendant traverses the Lease and the Plaintif replies and joynes Issue and after acknowledges the action and after pleads in arrest of Judgment for that the Plaintiff hath not declared in what place the Lease was made and yet he had Judgment for when the Defendant hath in Barr gainsaid the Lease he hath admitted the count good 18 Ed. 4. fol. 17. And in Debt if I Plead the Release of the Plaintif and do not shew where it was made and the Plaintif replies and pleads not his Deed the Plea of the Defendant is made good by his Replication Br. title Repleader 38. Annuity for Counsell given and to be given and counts that he hath given to him Councell in doing his businesses and though he do not shew in what businesses it is good for if the Defendant saith that he doth not give to him Councell against the Plaintif in his replication he may shew in what things he gave Councell and so the replication hath made all good and the Count was good generally 39 H. 6. fol. 33. By Vanisor Replication may make an ill Barr good as I plead in Barr grant of Reversion and omit attornement if the Plaintif reply and confess and avoid the grant by speciall matter then is the Barr good 11 H. 7.24 By Read in Debt against one as Executor which pleads nothing in their hands day of the Writ purchased which is no Plea for that that he may have assets afterwards But if the Plaintif reply that he hath assets and that found by Verdict is good 6 H. 7. fol. 6. The same Law if the Tenant in Precipe plead non-Tenure day of the Writ and the Plaintif replies that he was Tenant And now though by the statute of 32 H. 8. chap. 30. It was enacted that if any Issue be tryed by the Oath of 12. in any of the Kings Courts of Record that Judgment shal he given any mispleading not having colour insufficient pleading or Jeofaile not worrant of Attorney put in any mis-construction or discontinuance misjoyning of Issue or other default or negligence of parties their Councellours or Attorneys had or made to the contrary notwithstanding and that the Judgement shall be in force and shall not be reversed by Writ of Errour And yet at this day one may plead in arrest
goods and chattels aforesaid formerly taken and you cause them to be delivered to the said A. B. to be detained untill you may cause the goods and chattells formerly taken to be restored to the said A.B. and you put the said C.D. by Sureties and safe pledges that he be before us in the moneth of Easter whersoever we then shall be in England to answer as well as of the contempt and as also the said A.B. of his dammages and iniuries in that behalf illated and that you have there this Writ witnesse c. A Scire facias for an Executor to renew a Judgement after a year and a day THe Keepers c. greeting whereas A.B. Executor of the last Will and Testament of C. D. lately deceased lately in the Court before us in the upper Bench at Westminster by Bill without our Writ and by the iudgement of the same Court recovered against E.F. thirteen pounds of Debt and also one and twenty shillings for his damages which he sustained as well by occasion of detention of that Debt as for his costs and charges by him about his suit in that behalf disbursed whereof he is convicted as it doth appear to us of Record and that the said C. D. after Judgement aforesaid in Form aforesaid rendred at London made his last VVill and Testament and thereby did appoint and ordain the said A.B. his Executor and afterwards there died and now on the behalf of the said A. B. in the Court before us in the upper Bench at Westminster have accepted that although the Judgement be thereof rendred yet the Execution of the Debt and dammages aforesaid doth yet remain to be made whereupon the said A.B. hath supplicated us accordingly to provide remedy for him in that behalf and we being willing in that behalf to do that which is iust we command you that by honest and lawfull men of your Bailywick you make known to the said E.F. that he be before us in the upper Bench at Westminster on Fryday next after c. to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have the Execution of the Debt and Dammages aforesaid according to the force form and effect of the recovery aforesaid if he think good to try and further to do and receive that which the same Court before us in the upper Bench at Westminster shall consider of in that behalf and then you have here the names of them by whom you made known to him and this Writ witnesse c. The same in an Action of Eiectment the Plaintiffe a woman after Judgement being married THe Keeper c. Greeting whereas A.B. lately before us in the upper Bench at Westminster recovered against C.D. her Term then and yet to come of and in one Messuage with the Appurtenances in E. in the Parish of F. in your County that is to say from the last day of March in the year of our Lord one thousand six hundred and fifty untill the end and Term of five years to be fully compleat and ended and afterwards the said A.B. at E. aforesaid took to her Husband one C.G. and now on the behalf of the said G. H. and A. B. in the Court before us in the upper Bench at Westminster as we have accepted that although the Judgement aforesaid be rendred yet the Execution of that Judgement doth yet remain to be made whereupon the said G. H. and A.B. have supplicated us accordingly to provide remedy for them in that behalf and we being willing in that behalf to do that which is lust we command you that by honest and lawfull men of your Bailiwick you make known to the said C.D. that he be before us in the upper Bench at Westminster on c. reciting the Return to shew if that he hath or knoweth any thing to say for himself wherefore the said G.H. and A.B. his Wife ought not to have Execution of the Iudgement aforesaid if he think good to try and further to do and receive that which the Court shall consider of in that behalf and then you have here the names of them by whom you made known to him and this Writ witnesse c. The same for an Administrator in Debt The Keepers c. Greeting whereas A. B. lately in the Court before us in the upper Bench at Westminster recovered against C.D. twenty pounds Debt and also one and twenty shillings for his dammages which he sustained as well by occasion of detention of that Debt as also for his costs and charges by him about his suit in that behalf disbursed whereof he is convicted as it doth aprear to us upon Record and afterwards the said A.B. at London aforesaid died intestate as it is said and the Admistration of all and every the Goods and Chattels Rights and credits which were of the said A.B. at the time of his death at London were committed to one E.F. as by the insinuation of the said E.F. in the Court before us in the upper Bench at Westminster we have accepted yet the Execution of the Debt and dammages aforesaid doth yet remain to be made whereupon the said E. F. hath supplicated us accordingly to provide remedy for him in that behalf and we being willing to do that which is iust in that behalf we command you that by honest and lawfull men of your Bailiwick you make known to the said C.D. that he be before us in the upper Bench at Westminster on c. reciting the Return to shew if he c. as above in the former Writ untill the end The same against an Executor of a Sheriff where the Sheriff returned that he had caused the Goods of the Defendant to be levied but hath not paid the Money coming thereof THe Keepers c. to the Sheriffe of Middlesex greeting whereas A.B. lately in the Court before us in the upper Bench at Westminster recovered against C.D. one hundred pounds of Debt and also five pounds for his dammages which he sustained as well by occasion of detaining of that Debt as for his Costs and Charges by him about his Suit in that behalfe expended whereof the said C.D. is convicted as it doth appeare to us of Record And whereas also E.F. Esq Sheriff of the County of E. hath returned to us upon a certain Writ issuing forth of the same Court before us upon the judgment aforesaid that he had caused to be taken the Goods and Chattells of the said C.D. to the value of the Debt and damages aforesaid that is to say the one hundred and five pounds and the Mony coming thereof that is to say the said one hundred and five pounds before us at the day and place in the said Writ mentioned He had prepared to deliver to the said A. B. according to the Exigent of the Writ aforesaid as by the return of that Writ in the same Court before us remaining of Record doth manifestly appeare And
not out of the Fee Which is Court-Baron and which is Court of Record COurt of ancient Demesne is no Court of Record but it is a Court-Baron 9 Ed. 4. fol. 43. and 3 H. 4. fol. 16. the same Where the entry is to the great Court this is a Court Baron as it is aforesaid 10 Ed. 4. fol. 17. Where Suitors are Judges Suitors Judges and where false judgment lies and not errour as in Court of a Mannor Hundred and County these are Court-Barons 6 Ed. 4. fol. 3. B. Court by Commission before the Justices of Peace that is to say their Court of Sessions c. are Courts of Record 9 H. 6. fol. 3. If a man be arrested in the Cinque ports he shall have a Homine replegiando if according to the Law and custom of the Ports he be repleevable Eitzh fol. 67. A Great complaint was against the Officers of the Castle of Dover for holding Plea above forty shillings where they have but a Court-Baron and for arresting men by the body of their Warrant and Gapias but it seems they have a Charter now for it is used there to arrest 5 E. 4. f. 127. Trespasse of imprisonment the Defendant saith that there is a Court by prescription within the Tower and doth prescribe to have Capias and not that it is there Capias without prescription and justifie that by Capias c. And so this appeares to be Courts of Record 4 Ed. 4. fol. 6. Error lies wherefalse judgment is given in any Court of Record as in the common Bench or London or other City where they have power to hold Pleas by Charter or by prescription of every sum in Debt or Trespasse of the sum of forty shillings and over Fitzh fol. 20. If false judgment be given in Court of ancient Demesne the Tenant or Demandant shall have false judgement which proves that it is Court-Baron Fitzh fol. 11. Court of Pipowders is a Court of Record Fitzh fol. 18. H. Where the Courts hold Plea by prescription above forty shillings they are Courts of Record 6 Edw. 4. fol. 3. Marshalsey is a Court of Record for if they err there lies a Writ of errour 10 H. 6. fol. 13. Where they have conusance of every sum as in London and in other Cities and Borroughs are Courts of Record 2 H. 4. fol. 4.34 H. 6. f. 52. the same and 45 E. 3. fol. 1. Error lies where false judgment is given in any Court of Record as in the common Bench or in London or other City or in other place where they have power to hold Plea by Charter or prescription of every sum of forty shillings and over these are Courts of Record Fitzh fol. 20. D. Leets and Turns of the Sherif are Courts of Record for that they are for the common-Wealth Eitzh fol. 82.10 H. 6. fol. 7. It is said that the Leet is a Coutt of Record and for that he cannot wage his Law in Debt brought upon Amerciament in Leet The Kings Bench Chancery common Bench and the Exchequer are Courts of Record for that that no Judg may sit as Judge there without Letters Patents Doctor and Student f. 11. Ancient Demesne Insomuch that a Court of ancient Demesne is a Court-Baron let us see in what action brought at the Common Law ancient Demesne is a good Plea and in what not and what action may be sued in ancient Demesne and what not ANcient Demesne is no Plea in an action upon the Statute R. 2. 2. H. 7. fol. 17. It is no Plea in Trespasse but in Replegiare and Writ of Ward 46 Ed. 3. f. 1. It is no Plea in Trespasse 47 Ed. 3. fol. 22. Ancient Demesne is a good Plea in Replegiare and not in Trespasse 40 Ed. 3. fol. 4.46 Ed. 3. fol. Plaint of fresh force may be sued in ancient Demesne without a Writ of Right close as it seems but another plaint of Land cannot be sued there without a Writ of Right close 26 H. 6. fol. 5. Ke-disseisin and Post-disseisin cannot be sued in ancient Demesne for the Sherif and Coroners cannot inquire there but said that waste may be sued there by a Right close 32 H. 6. f. 29. If a man bring waste at the common Law it is said that ancient Demesne is a good Plea 7 H. 6. fol. 37. and 8 H. 6. f. 83. The Opinion of all the Justices that it is a good Plea in wast for that that by this recovery judgment is to recover the place wasted and by this the Land shall be frank Fee 1 H. 4. fol. 5. The Lord in ancient Demesne cannot hold Plea in Redisseisin and waste by Hull for that that the Sherif is Judge and not the Lord. Warranty of Charters may be sued at the common Law and ancient Demesne is no Plea for VVarranty is by Deed out of the Lâ—nd Fitzh 135. Juris utrum at the common Law ancient Demesne is no Plea for he cannot have a Right close for that that Frank-almaigne cannot be held there but the Tenure there is Socage Abridg. Ass fol. 16.6 Ed. 3. f. 20. the same Statham Detinue of Charters at the common Law to plead ancient Demesne is no Plea 13 Ed. 3. fol. 67. Statham Fitzh 136. In a VVrit of Mesne ancient Demesne is a good Plea In Quid juris clamat brought at the common Law to plead ancient Demesne is a good Plea 20 Ed. 3. Statham fol. 20. In an action upon the Statute of R. 2. brought at the common Law to plead ancient Demesne is no Plea but in account or Replegiare it is a good Plea 21 Edw. 4. fol. 3. VVhere dammages are recovered in ancient Demesne and Debt is brought in the common Bench upon the same dammages it is no Plea for the Defendant to plead ancient Demesne 39 H. 6. fol. 3. Ancient Demesne is a Court-Baron and the Suitors are Judges DEbt was brought in common Bench for dammages recovered in ancient Demesne the Defendant pleads no such record and is no Plea for it is a Court-Baron but no such recovery is good 9 Ed. 4. fol. 44. B. 50. Booke Suitors are Judges in ancient Demesne 34 H. 6. fol. 38. Na. Bre. fol. 12. the same Suitors are Judges in ancient Demesne and not the Bailifs 12 H. 4. fol. 17. Plea shall not be removed out of ancient Demesne unlesse for false Judgment 13 H. 4. fol. 16. Fitzh fol. 12. a the same and that proves that this is a Court-Baron Suitors are Judges in ancient Demesne for that it shall not be removed for that the Bailifs maintaine 3 H. 4. fol. 16. See 6 H. 4. fol. 2. Upon Pone to remove Plea out of ancient Demesne the Sherif returns that the Suitors will not send the Record by which issued a Distresse against the Suitors 18 Ed. 3. Statham False Judgment was brought in the common Bench upon a judgment given in ancient Demesne in a VVrit of Right close and though judgment was given in that in the common Bench
yet the Land shall be ancient Demesne as it was before By Knivet Fine levied in ancient Demesne is nothing worth for it is no Conrt of Record but common recoveries are used there to cut off an intaile 50 Ass 9. No Land may be pleaded there by right close and not else where How Land in ancient demesne is made frank Fee for a time and how for ever DUring the time that Lands in ancient Demesne is in the hands of the King it is Frank Fee but if the King grant that over to hold of the Mannor againe it is ancient Demesne againe 21 Book of Ass 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne the Land is Frank fee till it be defeated by the Lord by Writ of Deceit and when that is defeat it is void to bind the parties 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour being common person and not King the Lordship is Frank see for ever 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same Where the King gives Land of ancient Demesne to hold in Franke Almaigne that is Franke fee 6 H. 4. fol. 2. Where a Fine is in common Bench of Land in ancient Demesne is Frank fee so that after if a Recovery of that be in ancient Demesne it is void and before not a Judge 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same If the King was once seised of Land in ancient Demesne and lett that for life it is Frank fee for the time 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder and the King grants that over to another and his heires now they are Frank fee for ever 13 H. 4. fol. 7. Where a Fine is levyed of Land in ancient Demesne in the Common Bench the Lord may defeat that by a Writ of Deceipt and yet if he to whom the Fine was c. hath a Release with confirmation of the party made after the Fine his Estate is good notwithstanding that the Fine be defeated Fitzh 98. a. The Lessor by his confirmation to his Tenant may make the Land in ancient Demesne Frank fee but if he confirme to hold by meaner services it is no Frank fee 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord for that that the Tenant dyes without heire generall or speciall are Frank fee for ever for he holds them now of the Lord Paramount 18 Ed. 3. fol. 19. If the Tenant in ancient Demesne answer the action in Precipe in the Common Bench yet it is no Frank fee before Judgement given 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure but not the estate of the Land where he confirmes to hold at the Common Law 49 Ed. 3. fol. 7. Fine at the common Law recovery or where he is in by the Kings Charter or by feoffment of the Lord these prove the Land frank Fee and not ancient Demesne Fitzh fol. 13. C. If the King be seised of Land in ancient Demesne this is Frank fee but if the King demise it to another the Land is ancient Demesne again 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands which were at the common Law against a man by Verdict of a Jury and he against whom the recovery was brought an Assise upon that and awarded that he should recover Seisin 30 Ed. 1. Tit. Assise 379. Note the tenure and tryall of ancient demesne and who shall plead ancient demesne LAnds which are ancient Demesne are Soccage Fitzh fol. 11. Tenants in ancient Demesne are those which hold of the Mannors which were in the hands of Saint Edward the Confessor at the time that the Book of Doomsday was made but the Lands written in that Book to be in other mens hands are not ancient Demesne Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor when the Book of Doomsday was made are called ancient Demesne and the Lands in other hands c. Frank fee Natura brevium fol. 14. If the Land be ancient Demesne or not shall be tryed by the Book of Doomsday 49 Ed. 3. fol. 22. In Monstraverunt Assise The Tenant pleads that the Land was ancient Demesne and it was tryed by Assise in the Book of Notting and also North. 8 Ed. 2. Statham fol. 20. Triall of ancient Demesne is by the book of Doomsday and by that it was certified that London was not ancient Demesne 7 H. 6. fol. 34. In Assise of Mortdancester ancient Demesne was tried by the Country 8 Book Ass 35. 9 Book Ass 9. the same In Assise the tenant saith that it was parcell of the Mannor of B. which is ancient Demesne and the other saith that it is not parcell and upon this at issue and that was tryed by Assise 12 Book of Assises 18.22 Book of Assises 45. the same Assise none shall plead ancient Demesne but he which is Tenant and not the Disseiâ—or 21 Book of Ass 2.41 Ed. 3 tit 22. the same If Land be in the book of Doomsday written under the Title Land of the Bishop and not Land of the King yet though it be in the book of Doomsday it is no ancient Demesne 40 Ed. 3. fol. 45. Form of Pleadings that the Land is ancient Demesne and how he shall sue for ancient Demesne and for Copy-hold in ancient Demesne BY Prisot he which pleads ancient Demesne shall say that the Land is held of the Mannor of D. which is ancient Demesne and pleadable by a petty VVrit of Right close from time out of minde and demand judgment if the Court will acknowledge 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne and granted that frank Fee may be held of a Mannor of ancient Demesne 11 H. 4. fol. 85. Precipe the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleadable by petty VVrit of right close time out of minde and demand judgment if the Court will acknowledge and it is no Plea for the Demandant to say to that that it is frank fee for that that it doth not gainsay but that the Mannor is ancient Demesne and that this is parcell but he ought to plead specially how it is become frank fee 41 Ed. 3. f. 22.12 Book of Ass 16.22 Book of Ass 45. Right close lieth alwaies between Plow-holders and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne unlesse by this VVrit and shall make in this his protestation to sue in nature of what VVrit he will as his case is Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines Britton fol. 105. Copy-holder of base Tenure shall not have a Right close but ought to sue by Bill in the Lords Court but copy-holder in ancient Demesne of free-tenure
23 H. 8. chap. 15. If any be troubled by attachment or arrested by Latitat or in London or in a Court which hath liberty to hold Plea and no Count be put in within three daies after the Baile put in otherwise appeares unlesse the Court of discretion gives longer day the Defendant shall recover costs and dammages the same Law is if a Suite be discontinued after Count or that the Plaintiff be non-suited then the Defendant forthwith by discretion of the Court shall recover costs and the Statute gives Debt for the costs 8 Eliz. Chap. 2. But one arrested by Bill of Middlesex shall not recover costs though the Plaintiff do not count to be nonsuited If a matter passe against an Informer by Verdict or Judgment the party shall have costs and shall have execution by a Capias to satisfie fieri facias or Elegit but these two last Statutes do not extend to a Court-Baron 18 Eliz. C. 5. 22 H. 8. B. Tit. Costs 25. in quare impedit the Plaintiff shall not recover costs for that the dammages are great 35 H. 8. Tit. 258. 2 Ma. Tit. Costs 23. Debt by Lessor if he be non-suted or bar'd the Defendant shall recover costs by the Statute for it is upon a contract for Rent 2 H. 7. f. 13. Account the Plaintiff shall not recover costs but where the Defendant is adjudged to account and pleads Barr c. It is otherwise 9 H. 6. fol. 66. He shall not recover costs for that the dammages are tremble by the Statute 14 H. 6. fol. 13. forcible entry the same In London by act of common Councell in trespasse by force of Armes and in all other Actions personalls if the Plaintiff be non-suited or a Verdict against him and Judgment upon it or Judgement upon demur against him the Defendant shall recover his costs by discretion of the Court but if the Plaintiff sue as Executor or Administrator which is not upon his own act the Defendant there shall not recover costs and yet trespasse by force of Armes is not within the Statute 23 H. 8. chap. 14. to have costs Damages IT seems if one take my Beasts and after they return to me again I shall have trespasse for taking but upon the evidence I shall not recover the value though the value be in the Writ 11 H. 4. fol. 23. 1 H. 6. fol. 8. 19 H. 6. fol. 34. In what plaints Damages shall be recovered in Court-Barons and in what cases in Court-Barons and other Courts and in what not In plaint in nature of Assise of novell disseisin Grandfather and Great Grandfather Entry by disseisin Dower Nuper obiit Mortdancester Cozenage Replegiare Covenant Debt Action upon the Case Deceit and trespasse Damages and costs shall be recovered by the Plaintiffe Eight Marks were given in plaint of Land in Court-Baron Plowdens Commentaries f. 394. B. If any avow for Rent or doing damage custome or service if the Plaintiffe be non-suited or otherwise barred then the Avowant shall recover damages and costs as the Plaintiffe ought See 19 H. 8. fol. 8. 12 H. 8. chap. 19. Rast tit Avowry 1. Discent THen for that that the second Article is to inquire who is Tenant and what advantage the Lord shall have by the death of his Tenant It behoveth to know who is in by discent to be your Tenant that you may know of whom to have releife and who to be in Ward and who not and who shall be sayd in by discent and where by purchase and where hee shall not be in by discent Gift to one in taile remainder to the right heires of J. S. which was dead T. S. hath that as right heire and is in by purchase and shall not pay releife nor be in ward 40 Ed. 3.9 32 Ed. 3. Fitzh Discent 8. Lord and Tenant the Tenant aliens in Mortmain and the Alience is disseised and the Disseisor dyeth seised his Heire is in by discent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action but contrary of him that hath right of entry and may have action 1 Ed. 6. Tit. Mortmaine 6. Bro. Lease for life the remainder to the right Heires of J.S. the Tenant for life dies living J.S. the remainder is void and J.S. nor his Heires shall not be said in by discent to pay releife nor otherwise shall have the Land as purchasor 9 H. 6. f. 24. Perkins f. 12. the same Lease for life the remainder to the right Heires of J.S. and J.S. dies Tenant for life hath aid of T.S. Son and Heire of J.S. and though he were within age he shall not have his age and shall not pay releife nor be in ward if they hold by Knight service and be within age for that he is in as a Purchasor 11 H. 4. f. 74. Lease for life the remainder to another in taile which dies his Issue within age and after the Tenant for life dies the Issue is in by discent and if he be within age and hold by Knight service he shall be in ward to the Donor 33 H. 6. f. 5. And for that that in the said second Article of Charge you ought to inquire if any Tenant be dead who is his next Heire Let us now see where a Woman is with child at the time of the death of her Husband Tenant and by whom she shall be Judged with child and who shall be said in after the death of the Husband as Heire and shall be Tenant to the Lord and who not IF the Husband Tenant dye seised and his Wife with Child and a Brother of the Husband enter as Heire as he may and after Issue is born this Issue is Heire to the Husband and Tenant to the Lord and not the Brother though he were Tenant and Heire before the Issue was borne 41 Ed. 3. fol. 11. A man Tenant hath a Daughter his Wife with child with a Son and makes a Feoffment upon condition and dies and the Daughter enters for the condition c. and after the Son is born this Son shall not be Heire nor Tenant of this Land the same Law is where there is a Lease for life the remainder to the right Heires of J.S. Tenant for life dies the Daughter enters and after the Son is born he shall not be Heire and Tenant of that Land 9 H. 7. f. 25. Plow f 56. Daughter enters after the Death of her Father Tenant and takes profits and after the Son with which the Wife was with child is borne he may enter and have that as Heire and shall be in by discent and Tenant but hath no remedy for the profits taken by the Daughter before he was born 9 H. 6 fol. 26. If a Woman Tenant seised in Fee hath a Daughter and being with Child with a Son the Husband dies and after the Wife is ravished and consents to the Ravishor and the Daughter enters by the Statute as next of blood as
six English men otherwise the Jury shall not be taken and so shall be Tales of that 4 Mar. b. Tit. Jurors 8. Jury tooke a Writing of the Plaintiff which was not delivered to them in Court and passed for the Plaintiff and for that that this matter appeared to the Court by examination therefore the Plaintiff shall have no Judgment 35 H. 8. B. Tit. Replead 54. It was in use in the Kings bench though that the Jury was ready to passe there if there be a Jeofaile apparent in the Record the Jury shall be discharged 26 H. 8. f. 6. Jurors after they are in the House return to heare evidence again upon matter which they were in doubt of and may 14 H. 7. f. 1. The Jury eate and drink before the Evidence finished or after they are agreed depart and drink before Verdict they shall be Fined and the Verdict is good but if he eat and drink after evidence given and before they agree the Verdict is void And it seems that this matter shall be shewed when the Jury comes in to give their Verdict and shall be examined and not after And it seems that the Jurors may depart asunder by cause of great tempest of a House falling or fire where they are Execution For that that execution is used in many Court-Barons by Levari facias let us see what Goods upon that may be taken in Execution and what not and the order of execution GOods pawned shall not be taken in execution for the Debt of him which pawned them during the time they are pawned 34 H. 8 Pledge 28. and 4 Ed. 6. Distresse 75. Where A. lets Oxen for time and after A. is condemned these Oxen during the tearme shall not be taken in execution 22 Ed. 4. f. 10. Debt in Court-Baron the Plaintiff recovers by Judgment and shall have execution and the Beasts of the Defendant were taken and delivered to him in Execution 33 Ed. 3. Tit. Execution 133. In Debt where three are bonnd joyntly and severally and hath of those three severall Judgments and if Execution be against one the other shall have a supersedeas but in trespasse against three Execution against one doth not suffice and the same Law is in a ioynt Debt 4 Ed. 4. fol. 39. By Fieri facias or Levari facias the Officer cannot break the Doore nor Chest to take Goods in Execution for if he do trespasse lies against him for the breaking only 18 Ed. 4. f. 4. 13 Ed. 4. fol. 9. by Choke notwitstanding 8 Ed. 2. Tit. Executors 152. contrary If one recovers in Court-Baron he shall not have execution by Eierifacias nor otherwise but may distrain the Defendant after Judgement and detaine the distresse in their hands in safegard till the Defendant hath satisfied the Plaintiff of the condemnation 22 Ass 72 Statham 11 Ed. fol. 93. Nat. Bre. fol. 165 and 4 H. 6. fol. 17 action Bailiff in Court Baron cannot sell the Goods in execution but shall restraine them as distresse notwithstanding where it is used to make Levari facias it is a good custome and note that it is used in many Mannors that the goods are praised and execution made of them by Levari facias 22 Book of Ass 72. A Writ of Execution Judicii lieth where Judgement is given in a Court-Baron upon a Writ of right patent or in debt or trespasse and the Bailiff will not make execution this Writ lieth as well as it lieth where Judgement is given in a Court of Record and the Sheriff will not make execution and if he will not levy the execution upon the Goods it was in vaine to award this Writ Fitzh f. 20. A. Capias doth not lye in Court-Baron and for that the Capias to satisfie doth not lye to have execution and Elegit doth not lye there c. for this is given by the Statute of Westm 2. chap. 18. 29 H. 8. Tit. Execution B. 132. Two are bound in an obligation joyntly and severally if he sue one and takes his Body by a Capias to satisfie yet he may take the other but if one satisfie him the other may plead that 37 H. 8. Tit. condition B. 16. One taken by a Capias to satisfie is in execution though that be not returned 13. H. 4. Tit. Avowris 237. One avowes for that that J. S. was seised of a place where c. And let that to the Plaintiff for life rendring Rent and after J.S. grants the reversion to B. who was bound in a recognsance to the Avowant and that the Avowant hath that Rent delivered in execution and good 15 Ed. 3. Tit. Execution 93. Rent was delivered in execution upon a Recognisance time of Ed. 1. Title Audita querela 402. If the Father be bound in a Recognisance and dies and his Issue within age the Execution shall not be against him for if it be he shall have an Assise Time of Ed. 1 Tit. 417. If a man takes a Wife and after be bound and dyes the VVife is indowed if she be outed by extent she shall have Assise 29 H. 8. Tit. Stat. Merchant 40. If one sue Execution upon a Statute and he accept part of the Land in name of all he shall not have extent of the residue but it seems upon a Nihil returned upon the Testatum he may have processe into another County 2 R. 3. f. 8. Statute Staple was certified by the Maior of the Staple and the Conisee upon that sues a VVrit to take the Body and to extend his Land in Suff. and Middlesex only and this VVrit was not returned and by Certiorare he caused the Maior to certifie the Statute again and upon that he hath a VVrit of extent in ten Counties but not in Suff. and Middlesex and this VVrit is not returned and he hath the third Certificate and the third VVrit of Extent into six Counties but not in Suff. and Middle and now hath his Extent and hath Land that the Cognifor hath in right of his VVife which died and for threats durst not take the profits of the residue and by all the Justices the Cognisee shall have a Capias into the County where he took his first Writ and not otherwise that is into the County of Suff. and Middlesex only upon the fourth Certificate and upon that the Conisor found suerties to the King and party according to the Statute 11 H. 6. chap. 10. He shall have a Scire facias against the Conisee to prove the matter in his VVrit and to be at the Judgment in the Court and if he faile of any he shall forfeit his Recognisance 2 R. 3. fol. 9. If the Conisee of a Statute dies his Executors or Administrators if he dye Intestate shall have execution upon it without suing Scire facias or that the Conisor cannot have any Plea although he have a deed of Release but if he have a Release he shall have an Audita querela or a Scire facias and so it is where one
which is no Executor sues an Execution the Conisor shall have this VVrit but upon recovery by the Statute of West 2. One may have a fieri facias within the yeare to have Execution and after the yeare may have Scire facias and if a man be bound in two Statutes one after the other and he which hath the last Statute hath first Execution the other shall have a Scire facias and have execution and if the Sheriff upon a VVrit to have execution returns the Conisor dead the Conisee shall have a Scire facias against the Heire of the Coniser and the Land Tenants 25 H. 7. fol. 17. VVhere the Conisee to whom a Statute is made dyes his Executors shall have Execution without suing Scire facias for that it is given by the Statute but where one hath a Judgment and dies it is otherwise West 2. chap. 45. gives Scire facias upon Judgment and upon Fine 15 H. 7. fol. 14. Husband is bound in a Statute and Lands of his VVife were extended and after the VVife dies and the Heire of the VVife enters now may the Conisee have a Capias for the Body of the Conisor though he had not that at the first for that that the Statute gives the Lands Goods and Body and if execution be defeated by lawfull entry he shall not have a Re-extent but if the Conisor himselfe take the profits of the Conisee or that the profit be destroyed by wild-fire or water the Conisee may hold over his Tearm and the Conisor cannot enter during the Tearme of extent but shall have a Scire facias and shall not have that before the Tearme ended without aquittance or that he leave Money in the Court and where the Conisee is satisfied within the tearm by casuall profit the Conisor shall have upon that a Venire facias and upon that a Scire facias And if it be extended too low the Conisor may lay the Money in Court and recover his Land and if it be found too high the Conisee may pray that the Extenders may take the Land c. 11 H. 6. fol. 8. If the Land extended be drowned by water within the Tearm the Conisee may hold over the Tearm and the same Law where he is outed by a Guardian in Knights service 15 Ed. 4. f. 5. 22 H. 8. chap. 5. VVhere Lands delivered by reasonable extent in Execution have been recovered or lawfully diversted from the Conisee of the Satute Merchants Statute Staple or Recognisances before they have been fully satisfied and paid there Debts without fraud or covin remedy given by Scire facias against the Recognisors to levy the residue VVhere a VVoman recovers dammages in Dower in the Bench she cannot have execution there of those dammages recovered by capias ad satisfaciendum for that that the Capias doth not lye in the Originall 11 H. 7. f. 15. 2 H. 4. f. 7. The Statute of Westm 2 chap. 18. gives Elegit that is to say That the Sheriffe shall deliver all the Chattells of the Debtor except the Oxen and Beasts of the Plow and the half of his Land that doth not extend to a Court-Baron but to Courts where Process is directed to the Sherift and the Statute is also when a Debt is recovered in a Court of the Kings and Court-Baron cannot award the halfe of the Land in Execution for it is no Court of the Kings but of the Lords and he cannot meddle with Lands without the Kings Command but in other Courts Execution shall be of Lands which hath a day of Judgement given and of Goods in this Court and Beasts which the party hath day of the Execution awarded and see also execution of Recognisances and of Statutes for your Learning Execution shall be of Land which hath day of recovery 7 Ed. 3. f. 93. and 21. Ass 2. A man shall have Execution of Lands which he had day of the Judgement and not before Abridgment Ass fol. 93. 19. Ed. 2. Fitzh Execution 249. Natura brevium fol. 168. A man shall have execution in Debt of no Land but of of that which the Defendant had day of the Judgement given and of Chattels which he had day of the Execution sued Natura brevium fol. 107. and 2 H. 4. fol. 15. It seems that all the halfe of the Lands which a Recognisor hath which enters into a Recognisance day of that or after are liable in execution by Elegit 24 Ed. 3. fol. 27. tit Execution 90. Fitzh 267. D. 2 H. 4. fol. 9. Note where one is bound in a Statute Execution shall be of all his Lands which he had day of the Statute acknowledged or after in whose hands they come by Feoffment or otherwise but it is not said so of Goods and Chattells And for that they shall not have them in whose hands they come but those only which he had in his hands day of the execution awarded But if the Cognisor after the Statute acknowledged lets his Land for yeares the Cognisee may out the Lessee for the words are in whose hands they come by Feoffment or in other manner Statute of Merchants fol 48. To have execution of a Statute Merchant first you shall have a Writ of Certificate in the Chancery and there upon Certificate shall goe a Capias returnable in the Common Bench or Kings Bench and then within one quarter of a yeare that it shall be taken shall goe an Extent of all his Goods and Lands See the Statute of Merchants 37 H. 6. fol. 6. Fitzh 130. G. Statute Staple shall be certified as the Statute Merchant is and upon that shall goe a Writ of execution to take him and to extend his Lands and this shall be returned in the Chancery and not into the Common Bench or Kings Bench as the VVrit of execution upon a statute Merchant shall be and upon this shall goe a Liberate Fitz. fol. 131. D. 15 H. 7. fol. 14. Upon a statute Staple he shall have the body lands and goods by a VVrit and upon a statute Merchant First a Capias by a quarter of a yeare c. and upon the returne of that Non est inventus shall have a VVrit to have execution of his Goods and Lands Upon a statute Staple after a Certificate shall goe out a VVrit to take his body and to extend his lands in what County he will and if that be returned he cannot have Extent in another County that is to say a Liberate 2 R. 3. fol. 7. Upon a statute Staple shall goe a Capias out of the Chancery returnable in the Chancery to take his body and to seife his lands into the Kings hands and at the day of returne of that Liberate 37 H. 6. fol. 6. Note that the Statute of Merchants fol. 79. is That an execution upon a Recognizance shall not be made as it is upon a Statute Merchant but as it was used by the Law before the making of this Statute and this was to
said that Scandulum is a Greek word which goes to the overthrowe of one and for that it hath been thought that if the words intend to the destruction of the Plaintiff that he shall have an action upon the case and for that where the Defendant saith that the Plaintiff was infected with the robbery of Jerom H. and smels of it the opinion was that action upon the case for those words doth not lie Adjudged in London that an action upon the case lies brought by Huson Inholder for that the Defendant said falsely that he had buryed divers which died of the Plague in his house in his Garden when the plague was not in his house by which his guests refused to come to his house Also it was the opinion of the Kings Bench that an action upon the case doth not lie for calling the Plaintiff false knave Essex in the Kings Bench Roll. 149. Hill Terme 26. Eliz. Rich. Kerby Gentlemen brought his action upon the case against John Waller for saying these words that is thou Kirby art a false cozening knave and hath falsely cozened my two Kinsmen William Walker and Thomas Walker Brothers of the said William of Lands worth 6000 l. the manner of Pyâ—on in Rameshold and I will bring thee to stand upon the Pillory for that And adjudgad that the action doth not lie and the Jury taxed damages to a 100 l. and upon that adjudged that the action did not lie London Thomas Gittens Carpenter Anno 26. brought his action upon the case against James Redforne in the Exchequer for saying these words Thomas Gittens is a cozening knave and I have proved him a cozening knave before my Lord Maior of London for selling a Saphir for a Diamond and adjudged that it doth not lie Action upon the case upon a warrant â—f a thing sold and upon knowledge without wairant ACtion upon the case lies for selling corrupt wine and the writ is knowing it to be corrupt and warrant is not to purpose for it is ordained that none shall sell corrupt victual if he know it and so the Issue was whether it were good and not corrupt An action upon the case lies for selling corrupt victual if he know it and so the issue was whether it were good and not corrupt an action upon the case lies for selling so much Cloth and not well fulled where he warrants it 11. H. 6. fol. 22. Note the use where Measel Porks are fold at Rumford to have restitution of his money if they prove Measel 9 H. 6. fol. 53. 7 H. 4. fol. 16. Action upon the case lies for selling corrupt wine knowing c. the Defendant saith that he tasted it and accepted it for good the Plaintiff saith he accepted it for good upon condition if he liked it after it came to his house c. 19 H. 6. fol. 49. If one sell wine without warranty if that be corrupt action upon the case lies for it is prohibited by law 7. H. 4. fol. 76. 13 H. 4. fol. 2. If one sell to me a Horse apparent blind and warrant him sound of all his Members and I see him I shall have no deceit for that I might see it otherwise it is of a disease within his body there upon the warrant I shall have deceit But if one sell a blind horse and warrant him to one that doth not see him deceit lies If one sells to me wine and I bid my Servant to taste it deceit doth not lie if it be corrupt for that he hath tasted it Fitzh 94. C. If a man sell a horse to another and warrant him to be sound and good c. If the horse be lame or diseased that he cannot work action upon the case lies And so if one bargain and sel to one certain Pipes of wine and warrant them to be good and they are corrupt action upon the case lies against him and by Fitzh it behoveth that he warrant the horse and also the wine otherwise action upon the case doth not lie inquire of the wine Fitzh 98. K. If a man sell Clothes and warrant them to be of a certaine length if they be not of such a length he he which buyes them shall have a Writ of Deceit against him but if the warranty be made after the bargain is otherwise 11 Ed. 4. fol. 7. Where one sells Clothes and warrants them to be of such a length and they are not deceit lies for he could not know but by measure and he beleeved him but it is said if he warrant Seeds to grow that is in Cod or that a Horse shall carry one ten miles in two houres which is to come or warrant Cloth to be murrey where it is blue and see it deceit doth not lye but if he warrant Cloth to be of such a Country when it is not deceit lies 11 R. 2. Statham If one sell a Horse knowing him to be lame and warrant him to be sound the Defendant saith that he sold him sound without that that he warranted him 31 H. 6. fol. 11. Statham If one sell a Horse knowing him to be lame and do not warrant him action upon the case doth not lye 20 H. 6. fol. 37. By Paston and not denied if a man sell a horse which hath a disease the Buyer may have action upon the case that the Defendant knowing his Horse to be diseased sold him though he do not warrant him to be sound notwithstanding it seems otherwise where the Buyer may see the disease by looking upon him as a splint a spavin or an eye 9 H. 7. f. 22. If one sell a thing and warrant that at the same time he may have deceit notwithstanding that he hath not paid the Money for that that he might have debt at his pleasure for the Money Action upon the case for cosenage and deceiving of one ACtion upon the case was brought against W. C. for that the Defendant took eight Oxen of J.S. and offered to sell them to the Plaintiff as his proper Goods and by this salsity the Plaintiff trusting to the honesty of the Defendant bought them and paid seven pound and after the owner tooke the Oxen by which the Plaintiffe lost the Oxen by this falsity to his wrong and damages c. Book of Ass 8. 20 H. 6 fol. 25. Deceit was brought for that the Defendant was his Attorney and ought to have taken an Obligation of J.S. for a hundred pound to the Plaintiff and he took it to himselfe and it is sayd he ought to declare that he took a Fee of him And so lyeth an Action upon the Case for such Cosenage and Deceits VVhich note 9 E. 4. fol. 12. By Littleton Debt against two as Executors and one is no Executor nor never administred c. Yet he acknowledged the Action and the other made default the Plaintiffe recovers the other hath no remedy but an Action of Deceit that is Upon the Case for he is party to the Judgement 42
not know By Moyl but he ought to answer that he did not worry the Sheep 41 Ed. 3. fol. 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole and the Miller take Tole trespasse by force of Armes lyes and so it is said where he takes more Tole then he ought but if one hinder people to come to my Market Action upon the case lies 13 H. 4. f. 12. Action upon the case lies for that that he hath a Leet in the Mannor Eyer and Court from three weeks c. There hath the Defendant held Court within the same Mannor and hath distrained his Tenants by great and often distresse and hath impoverisht them that they cannot pay their Rent Fitzh 94. E. the same 33 H. 6. f. 16. Action upon the case lies where his Steward comes to hold a Leet and the Defendant disturbs him 11 H. 4. fol. 45. Schoole-Master shall not have an action of the case against another for setting up another School that he cannot have so many Schollars as he had before for the profession is free and is for the Common-wealth the same law of erecting a Mill upon his own land though the Plaintiffs Tole be diminished he shall not have an action upon the case 22 H. 6. f. 14. Mill levied 48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes wast or burning a House willingly and not an action of waste Lit. 14. 21 H. 6. fol. 43. 7 H. 4. f. 8. Action upon the case lies for that that the Defendant ought to repaire a certaine wall upon the Thames and doth it not by which the land of the Plaintiff is drowned Fitzh 93. E. the same 7. H. 4. fol. 16. Account doth not lye against a Bailiff or Servant for driving his Plow in which default the Beasts perished but an action upon the case lyes for his negligence for default of good keeping 2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep and the same Law for negligent carrying my Pots or glasse and where one keeps my Horse and starves him for Meat 7 H. 4. f. 45. Action upon the case lies by the Lord of B. against him which bought and sold in the Market of B. without paying Tole and though the VVrit was Tollenam asportavit yet it was also and he denied to pay it and for that it was awarded good for the first words are void and the last sufficient 11 H. 4. f. 25. If a way belonging c. be stopped Assise of Nusance lies but for stopping of a way ingrosse he shall not have an Assise of Nusance but action upon the case 14 H. 8. f. the last VVhere part of a River or way is stopt which is narrow action upon the case lies and where the whole an Assise of Nusance an action upon the case lies where he hath no other remedy 11. Ed. 4. f. 23. It seems there that a good Pleader may frame actions upon the case for many matters which are in the Chancery 26 Book of Ass 79. Action of the case lies against the Sheriff which quashed an Essoyne erroniously for false Judgment doth not lye unlesse it were Judgement of the Suitors Fitzh 114. D. If one Person of his malice and by his false imagination labour and cause another to be iudicted falsly the party which is so indicted shall not have a Writ of conspiracy but an action upon the case against him which caused him to be so indicted Fitzh 95. D. If one play with others at Dice and hee hath false Dice and wins Money of others with false Dice Action upon the Case lyes for this deceit 13 H. 7. fol. 26. Action upon the Case lyes where one hath a Water-course by Prescription to Brew and water Beasts there hath the Defendant made Lime-pits c. 4 Book of Ass 3. See Nusance for Lever Tozaile to the annoyance of the Free-hold Action upon the Case for mis-using an Officer in his Office ACtion upon the Case lyes against a Sheriffe where the Plaintiffe hath Charter of exception that he shall be impannelled upon no Jury and shews that to the Sheriff and yet he impannels him 18 H. 8. fol. 5. 21 H. 7. fol. 22. by King Where the Sheriffe serves a Fieri facias and levies the sum and doth not returne the Writ the party may have trespasse against him for levying that the same Law if by a Capias the Sheriffe arrest one and doth not returne the Writ false Imprisonment lyes 20 H. 7. fol. 13. 21 H. 6. tit 6. B. 6 H. 6. Tit. 9. Trespasse upon the Case was brought against an Escheator because he found an Office that the party held of J. S. and he returned an Office That the party held the moity of the King in Cheife and by the Court it lyes for he and the Sheriff are Officers of Record but not Justices of Record for there it was agreed that an Action doth not lye against a Justice of Record 9 H. 6. fol. 60. the same 12 H. 6. fol. 3. 47 Ed. 3. fol. 15. Conspiracy in the nature of an Action upon the Case was brought for that that the Defendant procured and caused a false Office to be found by which the Mannor was seised into the Kings hands and he sued that out to the Losse 21 Ed. 4. fol. 43. If the Sheriffe upon a Writ of second deliverance makes deliverance to the Plaintif of the distresse and will not returne the Writ so that the Defendant may constraine the Plaintif to come and count so that he may avow the Defendant shall have remedy against the Sherif and this seems by an Action upon the Case 8 H. 6. fol. 1. Where in Precipe the Sherif returnes a Summons where he was not summoned by which hee looses his Land Action upon the Case lyes against the Sherif See that deceit lyes 19 H. 6. fol. 29. Action upon the Case lyes against the Sherifs Deputy for imbezzeling a Writ of Habeas corpora and it lyes as well against him that stirrs up another to doe it as against a doer 16 H. 6. tit 38. by Paston If the Sherif returne a man sufficient upon a Venire facias by which the next Sherif iâ— charged of the Issues he shall have an Action upon the Case against the Predecessor for he cannot returne nihil against the returne of his Predecessor 1 H. 6. fol. 1. Precipe Where the Tenant looseth his Land by default upon a false returne of the Sherif as he returnes the Tenant summoned where he was not deceit lyes but if the Summoners were dead Action upon the Case lyes 38 Book of Ass 13. Action upon the Case lyes against the Sherif where he made a Precept to one which was no Bailif of the Franchise which returnes a Jury by which this was quasht to the damages c. 41 Book of Ass 12. Deceit in the nature of an Action upon the Case lyes
Imparlance saith that the Plaintiffe was knight day of the Writ purchased not named knight Judgment of the Writ and had plea by Judgment Otherwise it is said after continuance by day given 42 Ed 3. fol 1. Debt the Defendant came at the Exigent by Reddidit se and was bayled and the Plaintiffe came and prayed day by Prece partium and had it notwithstanding that the Defendant was by Bayl for that is by agreement of the parties 8 H. 5. fol 8. After day given and after speciall Imparlance the Defendant may plead in abatement and not after generall Imparlance 14 H. 4. fol 14. If the parties be at Issue and the Demandant releases to the Tenant and he takes continuance by request of the parties he shall not plead the release 22 Ed 3. fol 8. The Tenant after the request of the parties was received to plead Joyntenancie by Fine Pleas after Issue and at the Nisi prius day in Bench and after Verdict DOwer by Thorpe the day of the Nisi prius and the day in Bench is not all one to all respects for a Writ purchased mean between the Nisi prius and day in Bench shall abate for the first Writ is hanging till Judgment be given notwithstanding the Plaintiffe was non-suited at the Nisi prius But when to plead any Pleas which come mean between them there shall be one same day 40 Ed 3. fol 38. 28 H. 6. fol 1. A man may plead a Plea after last continuance at the Nisi prius Inquire what Pleas. 34 H. 6. fol 45. At the day of the Nisi prius the Defennant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and had it 47 Ed 3. fol 2. If it be found against the Plaintiffe at the Nisi prius and the Plaintiffe makes default at the day in Bench yet Judgment shall be upon the Verdict for that is all one day and the day of the Nisi prius 10 H. 7. fol 21. Debt upon a Lease for yeers and the Issue was levyed by distresse or not And now at the Nisi prius he could not plead a Release made after the last continuance 19 H. 6. fol 36. Forging of false Deeds against many they were at Issue Processe continued against the Enquest till the Jury appeared at which day the Defendant pleads arbitrement after the last continuance and upon this the Jury was discharged 21 H. 6. fol. 10. Nisi prius was returned Octa Mich that is the day in Bench and one Plaintiffe dyed after Octa Mich and before Judgment given upon the Verdict And the Defendant may plead that for Judgment shall have relation to Octa Mich and then the Defendant cannot have remedie by Writ of Error Audita querela nor otherwise therefore he shall have the Plea again But it seems that the Defendant cannot plead Release made to him by the Plaintiffe after Verdict for he shall have an Audita querela contrary of his death the day of Nisi prius and the day in Bench were all one self same day and no mean time and therefore Release made mean between these two cannot be pleaded at the day in Bench notwithstanding it seems at the day of Nisi prius before the Jury taken The Release which is made mean between the Award of the Writ of Nisi prius and the day of the Nisi prius may be pleaded at the Nisi prius See 10 H. 6. tit 53 and tit 55. Br. 22 H. 6. fol 1. Dower It seems if the Plaintiffe release to the Defendant mean between the award of the Nisi prius and the day of the Nisi prius there if the Jury remain for default of Jurors the Defendant may plead this Release at the day in Bench after the last continuance though he did not offer it at the day of Nisi prius and contrary it seems if the Jury had been ready at the Nisi prius 36 H. 6. fol 24. At the Nisi prius the Enquest past for the Plaintiffe and he released before the day in Bench the Defendant shall have an Audita querela and of this it follows that the Defendant cannot plead that at the day in Bench after the last Continuance 34 H. 6. fol 3. 21 H. 7. fol 33. After the Enquest taken by default the Defendant cometh before Judgment and pleads that he and the Plaintiffe have put themselves to Arbitrement after the last Continuance c. And by the opinion of the Court he hath no day in Court to plead that Plea And it was said that he shall plead no plea in such case but as a freind to the Court But of matter apparent he shall be received but in the Kings case he shall have that by plea for he hath no other remedie But in the case between common persons he shall have Audita querela contrary against the King 11 H. 7. fol 10. tit B. 61. 38 H. 6. fol 33. Debt by Moyle the Defendant after that he was at Issue might once plead plea after the last Continuance as release or such like notwithstanding no oftner then once 41 Book of Ass 19. If Verdict passe for the Plaintiffe and the Defendant get a release before Judgment yet he cannot plead that 21 Ed 4. fol 52. Adjudge that the Defendant cannot plead Release made mean between the Nisi prius and the day in Bench. 16 Ed 4. fol 5. A man may plead a Plea after the last Continuance after Issue joyned and in another Tearm And therfore it seems that the parties have day in Court as well after Issue joyned till Verdict as before 50 Ed 3. fol 4. Imparlance at a day in the same Tearm and at a day and Tearm between and Imparlance of the Plaintiffe COntinuance by Capias ought to be made from Tearm to Tearm and cannot have other Tearm between for that that the party shall not stay so long in prison but continuance by distresse may be made by a Tearm between as from Michaelmasse Tearm to Easter 8 Ed 4. fol. 13. 12 H. 7. fol Common recoveries for assurance the Tenant tenders Issue the Demandant may Imparle to a day in the same Tearm 44 Ed 3. fol 16. If a man Imparle to another day in the same Tearm or till the next day yet that is a new day at which the parties are demandable 37 H. 6. fol 27. Debt Defendant pleads misnaming of himself and the Plaintiffe Imparles and had it 22 Ed. 4. fol. 19. Where the Defendant in appeal of Robbery by which he put his life in jeopardie the Plaintiffe shall not Imparle to that and therefore ruled that he should answer the Court sitting What Pleas he shall have after the last Continuance WHere the parties and Jury appear at the fourth day in the Common Bench and are adjourned at another day a man may plead a Plea after the last Continuance 28 H. 6. fol. 1. 8 Ed. 4. fol. 9. Where
came with him to the Assise staid with him pray'd the Sheriff to make an indifferent pannell which is the same maintenance and it is a good Plea 11 H. 6. f. 39. Generall Attorney which sues and is not skilled in the Law may well meddle but he cannot proffer Money to a Jury but may pray them to appeare 34 H. 6. fol. 27. By Choke Maintenance he cannot justifie for that that he was an Attorney retained with him and that by commandement of his Master he retained Councell and gave to them forty pence of his Masters Money and good Inquire if an Attorney cannot retaine Councell without the commandement of his Clyent and if he may not disburse of his proper Moneys for the time But Attorney cannot give of his proper Money nor of his Masters money to Jurors 36 H. 6. fol. 29.11 H. 6. fol. 13. the same Maintenance the Defendant saith that he was an Attorney in the action Judgment if action and good But he cannot give any thing to the Jury but as an Attorney and give Evidence to the Jury for his Clyent he may 13 H. 4. f. 19. If a man maintaine a quarrell by his Attorney action of maintenance lies against the Master 22 H. 6. f. 24. And by Newton If a man of great power in the Countrey will say in the presence of the people that he will spend twenty pound for one party or will give twenty pound to labour for the party though he give nothing is maintenance see before 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue if he meance Jurors to out them of their Tenures if they do not paâ—e with his Master this is special Maintenance in the Servant 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client and it is no maintenance if the Plaintiff cannot alleadge other special matter forbidden by the Law 8 H. 4. f. 6. B. Embraceor is he which comes to the Barr with the party and speaks in the matter or is there to overlook the Jury or to put them in feare but men skilled in Law may speak in the Cause for their Money but they cannot labour the Jury and if they take money to do that they are Embraceors Fitzh f. 71. A. Tenures and Services It is expedient to know the Services and Tenures which your Tenants shall do and first of the Tenure in cheif and other Tenures of the King and then of other Lords FIrst Tenure in cheif is called where one holds of the King meerly as of his Crown which is a Signiory ingrosse for that it is held of him which is alwayes King and not of the King as of his Mannour of D. c. Fuzh. 3. D. If any Land be held of the King as of the Honour Castle or Mannour such Lands are not held of the King in cheif and this is proved by the Writ of Right which shall be directed in such a Case to the Bailiffs of the Honour Castle or Mannour Also the Statute of Magna Charta chap. 31. is if any hold of any Escheat as of his Honour of Wallingford Nottingham Bullo gne Lancaâ—â—er and of other Escheats which are in Our hand and are of Baronies and dies his Heir shall not give other releif nor make to us other Service then the Barons should make if that Barony were in the hands of the Baron and we in the same manner will hold it as the Baron held it 1 Ed. 6. chap. 4. also is that where a King hath or after shall have any Dukedomes Baronies Castles Mannours Land Tenements Fees or Signiories by Attainder Conviction Outlary or by Dissolution of Monasteries which Lands held of them by Knights Service Socage or otherwise shall not be construed to hold in chief nor as Tenure in cheif See in Br. Tit. Tenures 100. Littleton fol. 31. Tenure of the King in Burgage is where an ancient Town is of which the King is Lord and those which have Tenements within the Borough hold of the King their Tenements that every Tenant by his Tenure ought to pay to the King a certain Rent by the year and such Tenure is but Tenure in Socage Fitzh 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure and it behoveth that a Writ of Right Patent of them shall be directed to Mayors Sheriffs and Bailiffs as Bailiffs and Officers of the King as if Lands were held of the King as of any Honour Castle or Mannour by which it appears Tenure in Burgage is Socage Tenure and not Socage in cheif Fitzh fol. 1. J. the same Stamford 13. If one hold of the King in Burgage the King shall not have first Seisin but otherwise it is where he holds of the King by Knights Service in cheif or by Socage in cheif for the Statute of the Kings Prerogative chap. 3. is the King shall have the first Seisin after the Death of them which of him held in cheif of all Lands and Tenements of which they were seised in their Demesn as of Fee whatsoever age their Heirs were of and that is taken as well of Socage in cheif as otherwise in cheif 7 H. 6. fol. 3. The King shall have first Seisin where his Tenant dies seised in his Demesne as of Reversion 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others by this all the Services are extinguished and if he infcoff others to hold of him he shall hold of his Crown in cheif by Finchden and also when an Honour is seised into the Kings hands and a Mannour is held of that Honour which escheats unto him as of common Escheat if he alien to hold of him he shall hold as he held before of the Honour and by the same Services but if he come in as by Forfeiture by Warr or Escheat which is because of his own person and he seise and infeoff others they shall hold in cheif if the King do not expresse other Tenure 33 H. 6 fol 7. By Prisot if the King seise Land by Forfeiture of Treason and grant that over to hold of the cheif Lord by the Service due c. that in this case he shall hold of the cheif Lord as it hath been adjudged 44 Ed. 3. f. 45. The King gives Lands to one to hold to him and his Heirs by the Services due c. and by all the Justices that is Tenure by Knights Service 11 H. 4. fol. 71. It was recorded in the Exchequer that such a one holdeth so much Land of our Lord the King by Serjeanty to finde one Man for the Warr wheresoever within the four Seas and by Hank it is great Serieanty to be made by the Body of a Man 13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall it is in cheif for it was ancient Lands of the Crown Fitzh 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of
good 8 H. 6 fol. 34 Trespasse of Grasse cut the Defendant saith that the place where c. was the Free-hold of his Master by which by his commandement he entered and made the Trespasse the Plaintiff saith of his own wrong without such cause and is good but if the Master himself had been party and had pleaded his Free-hold of his own wrong c. had been no Plea 28 Ed. 3. fol. 58. Trespasse of goods taken the defendant justifies by the commandement of his Master for that that the Plaintiffe is his Villain the Plaintif saith of his own wrong and is no Plea without answering to the Villainage 10 H. 6. f. 3. Trespasse of two Horses taken the defendant saith that he let to the Plaintif Land rendring the Rent of twenty Shillings and for this Rent behind he entered and took the horses and the Plaintif saith of his own wrong without such cause and by Cotesmore it is no Plea but he ought to answer to the speciall matter as to say of his own wrong without that that any Rent was behind 21 Ed. 4. f. 64. 42 Ed. 3. f. 2. Trespasse for chasing in his free Chase the defendant pleads license of the Plaintif to hunt there the Plaintif saith of his own wrong without such cause Inquire of this Issue 16 H. 7. fol. 3. Trespasse of goods taken where the defendant conveys his title from the Plaintif there the Plaintif by replication may say of his own wrong without such cause 9 Ed. 4. fol. 41. the same 9 Ed. 4. fol. 43. Trespasse of a bag with money the defendant saith that the Plaintif was indebted to him in a certain summe and delivered that unto him to content him the Plaintif saith of his own wrong without such cause and it is no Plea for that that he conveys from the Plaintif himself 10 H. 6. fol. 9. Trespasse for entring into his Pigeon-house and taking of Pigeons the defendant pleads that the Plaintif gave him leave to take them the plaintif may say of his own wrong without that he gave him leave 20 Ed. 4. fol. 4. 21 Ed. 4. fol. 76. Where the defendant conveys from the Plaintiffe or his Ancestor or that it is his Freehold these shall be answered and there of his own wrong without such cause generall is no good replication 44 Ed. 3. f. 13. Trespasse the defendant justifies for Harriot the Plaintiffe saith of his own wrong without such cause the Issue was taken upon that 38 Ed. 3. fol. 7. the same 44 Ed. 3. fol. 18. Trespasse the defendant justifies for that that the Plaintiffe was in VVard to the Prince and he seised him and granted the VVard to him by which he entered and occupied the Plaintiffe saith of his own wrong without such cause and it is no Plea by the Court but he ought to answer to the speciall matter by which the Issue was taken that he held in Socage and not in Knights Service See 22 Book of Assises 56. 41. Book of Assises 21. and 12 Ed. 4. fol. 10. 14 H. 4. fol. 32. Trespasse of his Servant taken the defendant justifies for that the father of him which is said to be Servant held of J.S. in Knights Service and that he died and the Land discended to the Infant called Servant being within age and that the defendant by the commandement of the said J.S. seised him the plaintif saith of his own wrong without such cause and by Cheney and Hull for that that the defendant hath alledged speciall matter that is Tenure in Knights Service the plaintif ought to answer to the speciall matter and this is no plea See 22 Book of Assises 85. 33 H. 6. fol. 29 Trespasse where the defendant justifies by the Kings patent of of his own wrong c. is no plea. 9 Ed. 4. fol. 22. Trespasse where the defendant justifies by wreck by prescription the plaintif saith of his own wrong without that that it was a wreck and good 5 H. 7. fol. 9. Trespasse the defendant justifies by custome of foldage by prescription of all Sheep which pasture in such a Common the plaintif there saith of his own wrong without such cause Where a double Plea shall not be suffered and where it shall PRior brought a Quare impedit and counts that his predecessor was seised and presented and the King seised his temporalties because of VVarre and presented and now it is void and it belongeth to him to present and it is not double 40 Ed. 3. f. 10. But in Quare impedit and counts of divers presentments in his Ancestors this is double 1 H. 5. fol. 1. Quare Impedit by Tenant in Tail and alledgeth a Presentment in the Donor and another in the Donee this is not double for the Gift is traversable but if he alleadge Presentment in the Feoffor and another in the Feoffee this is double 4 Ed. 4. f. 3 Debt against Executors to plead fully administred and so nothing in their hands is not double for one Answer makes an end of all that is that they have Assets 3 H. 6. f. 3 Debt upon Obligation and pleads Payment and Delivery of the Obligation in place of an Acquittance it is not double for one Answer shall be for all 1 H. 7. fol. 15 and also it is no Plea Trespasse the Defendant pleads Gift in Tail and divers Discents and it is not double for the Gift is onely traversable 19 Ed. 4. f. 4 Bastardy is pleaded to ten Acres and Release of all Actions and that is double 10 H. 6. f. 20 Non-tenure is pleaded to part and Bastardy to the rest and this is double 43 E. 3. fol. 29 B. Inquire 33 H. 6. f. 20 40 E. 3. f. 21 Dower the Tenant may plead Joint-tenancy of part and that she detains Writings for the rest which goes to all and it is not double 33 H. 6. f. 57 40 E. 3. f. 31 Assise of a Mannour the Defendant pleads a Fine of one halfe to J. S. whose Estate he hath and to the other halfe pleads a Release of the Father of the Demandant with Warranty and demands Judgement if against Warranty Assise ought to have been of that Moity and it is not double for this goes but to the Moity and is not c. 37 H. 6. f. 24 Debt upon an Obligation that he was a Lay man unlearned and the Day of Payment was read to be at another Day and that it was delivered as an Escrow upon condition that if others sealed c. and the others did not seal and so not his Deed this Conclusion hath made that single 38 H. 6. f. 26 Intendments Pleas good by Intendment and how INformation for Liveries it is shewed that Cloth was given at D. but not how it was used and it shall be intended there and good and Trespasse he broke his Close at D. and made an Entry and shall be intended to be there 5 H. 7. f. 18 Appeal of Rape is Rapuit and though it
you that you make A. B. lately of C. in the County of C. Gent. to be required from husting to husting untill according to the Law and custome of England he be out-lawed if he shall not appear And if he shall appear then you take and cause him safely to be kept so that you may have his Body before us in the Upper Bench in the fifth week after Easter wheresoever we shall then be in England to answer C. D. in a Plea that whereas the said C. D. and A. B. at London had accounted together of divers sums of money being before that time due to the said C. D. from the said A. B. and being then behind and unpaid And upon that account the said A. B. was then and there found in arrerages to the said C. D. in a hundred pounds of lawfull English money the said A. B. in consideration thereof did assume and to the said C D. there faithfully promised that he the said A. B. would pay that men 〈…〉 the said C. D. yet tâ—â— said A. B. hath not yet paid the said money to the said C. D. although he hath been therunto required to pay the same to the damage of the said C. D. one hundred and twenty pounds as he saith and whereupon you your selves have sent to us that the said A. B. is not found in your Bayliwick and you have here this Writ Witnes c. Proclamation sur ' Exigent THe Keepers of the Liberty c. To the Sheriffe of Cornwell Greeting Whereas by our Writ we have lately commanded the Sheriffe of London that he should cause A.B. of C. in your County Gent. to be required from husting to husting untill he be out-lawed according to the Law and custome of England if he should not appear and if he should appear then they should cause him safely to be kept so that they should have his body before us in the fifth week after Easter wheresoever we should then be in England to answer C. D. in a Plea that whereas the said C. D. c. And so recite as is in the exegent till you are past these words as he saith then write on we command you according to the statute made provided in the one and thirtieth year of the Lady Eâ—izabeth lately Queen you cause to be proclaimed the said A. B. at three several dayes according to the form of that statute whereof one Proclamation thereof shall be made at or neer the most usuall door of the Church of C. in your County so that he may render himself to the Sheriffes of London to answer the said C. D. of the said Plea And you have here this Writ Witnes c. Câ—â—ias utlegat ' THe Keeper c. To the Sheriffes of C. Greeting We command you that you do not omit from any liberty within your County but take A. B. of c. And him safely keep so that you have his body before uâ— in the Upper Bench in c. Reciting the return wheresoever we shall then be in England to stand right in Court before us in the Upper Bench upon a certain Outlawry against him the said A. B. at the suit of C. D. in a Plea of debt at the hustings of the Common Pleas holden in London on Munday c. In the year of our Lord one thousand six hundred and fifty in the Court of London pronounced And you have there this Writ Witnes c. Capias ad satisfaciendum in a Plea of Debt THe Keepers of the Liberty c. Greeting We command you that you take A. B. if he be found in your Bayliwick And him safely to keep so that you have his body before us in the Upper Bench at Westm on Wednesday next after the five weeks of Easter to satisfie C. D. of 100 li. of Debt and also 21 s. for his dammages which he sustained as well by occasion of detaining of that Debt as for his Costs and charges by him about his Suit in that behalf disbursed whereof he is convicted as it doth appear to Us upon Record And then you have here this Writ Witnes H. Roll at Westm the 17th day of April in the yeer of our Lord 1651. Wightwicke Testat Inde THe Keepers of the Liberty c. to the Sheriffe of H. Greeting Whereas we have lately commanded the Sheriffs of London that they should take A. B. if he might be found in their Bayliwick And him safely keep so that they should have his body before Us in the Upper Bench at Westminster at a certain day now past to satisfie C. D. of a hundred pounds of Debt and also one twenty shillings for his damages which he sustained as well by occasion of detaining of that Debt as for his Costs and charges by him about his Suit in that behalf disbursed whereof he is convicted as it doth appear to us upon Record And the said Sheriffs of London at that day returned to Us that the said A B. is not found in their Bayliwick Wherupon on the behalf of the said C. D. in the Court before Us is sufficiently testified that the said A. B. doth lurk and sculk in your County therefore we command you that you take him if he be found in your Bayliwick and him safely keep so that you may have his body before Us in the Upper Bench at Westminster on Wednesday next after the three weeks of Easter to satisfie the said C. D. of the Debt and damages aforesaid And then you have here this Writ Witnes c. Capias ad satisfaciendum after judgement affirmed in a Writ of Error and for damages for the Plaintiffe being the Defendant did thereby delay Execution THe Keeper c. as above in the Capias ad satisfaciend till these words to satisfie C. D. of a hundred pounds of Debt also 40 s. which were adjudged to the said C.D. in the Court of the Common Pleas at Westminster before Oliver St. John and the other Justices his Associates for his damages which he had by reason of detaining of that Debt whereof he is convicted as by the inspection of the Record and Processe thereupon which we lately for certain causes have caused to come in the Court before Us in the Upper Bench at Westminster And which in the same Court now remaining doth appear to us upon Record And also five pounds which in the same Court before us in the Upper Bench at Westminster according to the form of the Statute in such case thereupon lately made and provided were adjudged to the said C. D for his damages costs and expences which he had by reason of the delay of execution of the Judgment aforesaid by reason of prosecutâ—â—â— of a certain Writ of Error by him the said A. B. in the same Court before us in the Upper Bench at Westminster prosecuted in and upon the Premises as it doth also appear to us upon Record And you have there this Writ Witnes c. Capias ad satisfaciendum
which were of A. B. otherwise called c. naming the addition in your Bayliwick in the hands and custody of C. D. Executrix of the last will and Testament of the said A. B. one hundred pound of debt and also 5 l. which were adjudged to E. F. in the Court before us in the Upper Bench at Westm for his damages which he sustained as well by occasion of detaining of that Debt as for his costs and charges by him about his Suit in that behalf disbursed if so much she should have them in her hands And if so much she should not have them in her hands then you should cause to be leavied the said five pounds for the damage aforesaid of the proper goods and chattels of her the said C D And you should have those moneys before us in the Upper Bench at Westminster at a certain day now past to render to the said E F for his Debt and Damages aforesaid whereof the said C D is convicted as it doth appear to us upon Record And you at that day returned to us that the said C D had no goods or chattels which were of the said A B whereby you might cause to be made the Debt and Damages aforesaid or any parcell thereof And moreover that by vertue of the said Writ you caused to be made of the proper goods and chattels of the said C D the said five pounds for damages aforesaid And that you had the moneys prepared before us in the Upper Bench at Westminster as it was commanded to you by our Writ And that the said C D hath wasted the goods and chattels which were of the said A B to the value of thirty pounds parcell of the said Debt of one hundred pounds Therefore we command you that you cause to be made in your Bayliwick the said 30 li. parcel of the Debt of 100 li. of the proper goods and chattels of the said C D And then you have here this Writ Witnes c. Elegit THe Keepers c. to the Sheriffe of L Greeting Wheras A B in the Court before us in the Vpper Bench at Westm lately recovered against C D an hundred pounds of Debt and also one and twenty shillings for his damages which he sustained as well by occasion of detaining of that Debt as also for his costs and charges by him about his Suit in that behalf diâ—bursed whereof the said C D is convicted as it doth appear to us upon Record And because the said A. B. doth come in the Court before us in the Vpper Bench at Westm and electeth to be delivered to him all the goods and chattels of the said C D in your Bayliwick besides his Oxen and beasts of his Plow and also the half of all the Lands and Tenements which were of the said C D the 14th day of June in the yeer of our Lord one thousand six hundred and fifty which day the Judgment aforesaid was given against the said C D in the form aforesaid to have the goods and chattels aforesaid as the proper goods and chattels of him the said A B and to have and hold the half of the Lands and Tenement aforesaid to him and his Assignes as his Free-hold untill he hath thereby fully leavied the Debt and damages aforesaid Therefore we command you that without delay you cause to be delivered all the goods and chattels of the said C D in your Bayliwick except the Oxen and beasts of his Plow and also the half of all the Lands and Tenements which were of the said C D the said 14th day of June in the yeer of our Lord one thousand six hundred and fifty aforesaid to the said A B by a reasonable price and extent to haâ—e the goods and chattels aforesaid as his proper goods and chattels and to have and hold the half of the Lands and Tenements aforesaid to him and his Assignes as his Free-hold untill he hath thereby fully levied the Debt and Damages aforesaid And in like manner this Precept shall be executed you make it appear before us in the Vpper Bench at Westminster on Thursday next after the fifteen dayes of Easter under your Seal and the Seals of them by the Oath of whom you took that Extent and Apprisement together with this Writ Witnes c. Habere fac ' poss THe Keeper c. Greeting Wheras A. B lately that is to say in the Tearm of Saint Hillary in the year of our Lord one thousand six hundred and fifty before us in the Upper Bench at Westminster hath recovered against C. D. 〈◊〉 sâ—arm then yet to come of and in one messuage with the appurtenances in E. in your County which F G. dâ—â—admse to him to a â—â—arm which is not yet past that 〈…〉 from the Feast of the Annunciation of the blessed Virgin Mary in the year of our Lord one thousand six hundred and fifty untill the end and tearm of three years from thence next following to be fully compleat and ended by vertue of which demise the said A. B. entered into the tenements aforesaid with the appurtenances And was thereof possessed untill the said C. D. did afterwards eject him the said A. B. from his Farm Therefore we command you that without delay you cause the said A. B. to have his possession of his Tearm aforesaid yet to come of and in the Tenements aforesaid with the appurtenances And in like manner this precept shall be executed you make it appear before us in the Upper Bench at Westminster on Saturday next after the morrow of the Assention of our Lord together with this Writ Witnes c. A Scire Facias in debt THe Keeper c. to the Sheriffe of N. Greeting Wheras A. B. in the Court before us in the Vpper Bench at Westminster recovered against C D two hundred pounds of debt and also thirty shillings for his damages which he sustained as well by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof he is convicted as it doth appear to us upon Record And now on the behalf of the said A. B. in the Court before us in the Vpper Bench at Westminster we conceive that although the Judgment be thereby given yet the Execution of the said Debt and damages doth yet remain to be made whereupon the said A. B. hath made supplication to us accordingly in that behalf to provide remedy for him And we being willing in that behalf to do that which is just we command you that by honest and lawfull men of your Bayliwick you make known to the said C. D. that he may be before us in the Vpper Bench at Westminster on Wednesday next after the fifteen dayes of the holy Trinity to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his Execution against him of the debt and damages aforesaid according to the force form
504 Court-Baron And Leet how they are first ordained fol. 6. And where Suiters hold of the Mannor 7. Is incident to a Mannor 7. The order here begins to keep that 105. The charge in this here begins fol. 107. VVhat actions shall be there sued and what not 145. Capias shall not be awarded in that and which is a great Court 98. In what place it shall be held 186. VVhat is Court-baron and what of Record 187. The tryall in Court-Baron 187. Forraine matter pleaded there 187. The entries in Roll of Court-Baron here begin 186. Entries of surrender and admittances Forme of processe of execution Court of Ancient Demesne Here that begins 188. See before Ancient Demesne Court of Pipowders Is of Acts and Contracts onely within the Faire fol. 195. Court of the Marshalsey fol. 196. And the authority of that to hold Pleas fol. 127 Crosse-bows and Hand-guns fol. 28. Crow-Netts fol. 30. Customes Customes of diverse Mannors 200. It shall be reasonable according to common right and upon good consideration 201. What is good and what not 204. And who may prescribe fol. 105. It shall be taken strictly fol. 209. Damages FOR taking onely and not for retaining shall be recovered 211. In what Actions shall be recovery and in what not 211. Damages recovered in Dower fol. 314 Distresse For amerciament the Lord may distraine and for Fine or By-Law broken shall have debt or Distre 〈…〉 VVhat thing may be distrained and what not fol. 87. Discent VVhere one shall be sayd in by discent and where by purchase 212. A woman being young with child enters and see great with child and who is Bastard 213. VVhat is a possession in fee to be an impediment to the halfe blood 214. Discent and where it shall escheat fol. 214 De son tort Demesne VVhere one may plead that and where not c. fol. 216. Divorce If they have in Frank Marriage and are divorced the wife shall have all and if taile they have a free-hold by Divorce fol. 310 Double Plea See there what is a double Plea and what not fol. 441 Droit VVho hath more right and how it shall be directed 151. where after the Mise joyned judgement finall shall be given 151. Recovery in right c. fol. 496 Dower By attainder of tenant in taile where it shall be forfeited and where not 303. Third part shall be assigned to Eloppement 314. It shall not be of a reversion for life though his fee is joyned to the freehold 317. Nor it shall not be during the time of the husband being in Religion nor where be is joyntly seised 316. VVhere a villaine takes a wife it shall be under nine yeares it shall not be fol. 315 VVhere a Lord enters for Mortmaine or recovers in Cessavit the wife shall be 317. where the husband hath an estate in fee upon condition shee shall be 317. where the heire is remitted shee shall not be 317. where the husband looses by default or reddition she shall be fol. 318 Assignement by Guardian in Knights service by Disseisor Abator or Intruder good 317. Assignement by Guardian in Socage shall not be Rent assigne to the wife Rec. and yet assigne 317. Where the husband dyes seised and shee demands and hee was not ready the wife shall recover damages fol. 318. Entendment What is good by Entendment and what not fol. 443 Enquest In Leet if twelve agree it is good and a stranger may be sworne 13. In Court Baron by lesse then twelve for the Lord 13. In Leet it shall be by twelve at the least and see issue tryed in Court barâ—â— fol. 〈◊〉 Misdemeanor in drink or taking a writing fol. 225 Estray After the yeare and day and Proclamation made in the Church and Markets fol. 79 Escheat VVhere it ought and where it shall discend fol. 216 VVhere land ought fol. 217 Essoine After Issue but one Essoine 368. VVhere at two Venire fac Habeas corpora and distresse it shall be and where not 372. Action against three every one shall make Essoine severally and not after but c. 373. Of the Kings service cast in at the Distringas Jurat 374. After appearance the Tâ—nant shall not be in Assise 375. Of the service of the King the Essoine Sworne and he ought to bring in his warrant and shall loose 20 s. fol. 380 Exception of that entered and day of Essoyne fol. 280 It doth not lye for acorporation in the Scire fac fol. 381 VVhere it lyeth upon a re-summons and re-attachment and where not fol. 361. Evidence Vpon generall Issue that he had no such canse of action or no cause of action good 234. That he hath interest and an Estate good 235. Vpon general Issue he shall not have Evidence of another thing or contrary 236. VVhere the Evidence proves the substance of the Issue it is good 239. Exhortation to the Inquest Exhortation the cause that they are sworn 13. Execution What shall be and what in Court Baron and Capias is not there 227. Vpon a Recognizance and Statutes 231. Of Goods that he shall have Day of the Execution awarded of Land that hath Day of the Judgement 230. Four manner of Executions and Debt after the year 232 Fealty SHall be at the first Court and Attornement 140 Form of making Fealty 92 Who shall make that and who not 259 Felonies If Indictors of a Felon utter the Counsel of their Companions See divers manners of Felonies there 48 Forfeitures The King hath Year Day and VVaste and the Lord and Escheats 54. Of Goods onely and where not by Attainder 55. Of Lands Day of the Felony and Goods Day of the Judgement 57. And when Officer may seise 58 Formedon To a Gift first made it is not extended and Assise by Tenant in Tail where it lieth and where not 247 Shall make a Discent by all which tender Estate and the heir to every one is to sue 248. In Reverter and Discender Esplees is of the Donor and Donee in the Remainder in the Donee onely 249 Gage Law TRiall in Court Baron is by waging Law and by Assent by the Country 384. Where he shall have that in Account and where not 384 385 386. Detinue of VVritings and Obligation where he shall have his Law and where not 385. Vpon Arbitrement and Money awarded shall have his Law and not upon Statute 385. Debt for Salary for what he shall have it and for what not 385. He may where the Plaintiff fails in the Contract 185. He shall have it not shewing a Deed witnessing the Contract or Receit 388. Debt for Counsel he may have but not for Amercement in Leet 387. Where he shall save his defaule upon the Grandd Cape by waging of Law and where by Imprisonment and certain VVater 390 Garde VVho shall be in VVard and who not 250. VVhere part is in chief the King shall have all and where part Socage not all 254. Guardian cannot at this day out the Termor 256