In Appeal or Pleas of the Crown or in any proceedings upon them Or to the Writ Bill or Action Informations upon popular or penal Statutes Error in Law by misprision of the Judges in the judgement entred in another term Coke 5. part 57. B. Specots case Action upon the case in Cur. Wallingford the judgement was quod deft capiatur this is error being but an Action upon the case Trin. 9 Iac. Ban. Regis Northcot versus Heywood Concessum est where it should be Consideratum est this is error although there are 21 Presidents in my Lord Cooks Reports for by Man Secondary the Books are false printed Mich. 18 Iac. Ban. Regis Rot. 641. and by Williams if it be videbitur Curiae this is erroneous If it be Capiatur against the Defendant in Ejectione firmae Mich. 8 Iac. Ban. Regis Rot. 232. Dolby versus Holbrook It is ordeined per 27 Eliz. cap. 8. that if Error be brought in the Chequer upon a judgement in Ban. Regis they shall not assign in the Jurisdiction of the Court or in form of the Writ Return Plaint Bill Declaration Pleading Process Verdict or Proceedings And also there is a Proviso if it be in debt detinue account covenant ejectione firmae traverse action upon the Case The party cannot shew Error in Process in delay unless he shew that it is for his disadvantage 7 Edw. 3. 25. Coke 8. part 59. A. Beechers case Nothing that is contrary to the Office of a Judge shall be assigned for Error Nat. br 21. B. 7 Hen. 7. 4. Granting of Ayde where it shall not be is not Error so of Receit 7 Edw. 4. 12. 21 Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9. 11. 14 Hen. 6. 5. pl. pl. 25. So of Garnishment 14 Edw. 4. 1. pl. 3. So of making Attorney Nat. br 22. D. 21 Edw. 4. 77. But denyal of Ayde or Receit where it ought to be is error Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9. When the Visne is mistaken Replevin the Defendant prescribes to have all the Pasture of such a place in in W. except Common for the Inhabitants of D. and the prescription being traversed the Jury was of the Visne of W. only and this was a good rule in Error because the exception to the Inhabitants of D. was voyd therefore this was not in issue Trin. 11 Iac. Ban. Regis Wicker versus Stockeman Waste brought the Issue was for certain Oaks cut for repairing of the Castle of Burrum the Visne was of the Village of Burrum where it should have been of the Castle of Burrum this is Error Hill 12. Iac. Com. ban the Countess of Cumberlands case Trover and Conversion brought in Coventry upon not guilty pleaded the Visne was De Vicineto Civitatis Coventriae and this shewed in arrest of Judgement sed non allocatur and Error upon it brought and it seems that by Williams and Yelverton Justices that it is Error for it shall be of Coventry for Vicinetum is of the Neighbours and excludes the City and the Shrieve of the County ought to make it out 7 Hen. 6. 36. B. 4. Edward 4. 39. 7 Henry 4. 12. 80. Enquest 36. quaere tamen for the Court did advise about bringing a new Action Pasc 9. Iac. Ban. Regis Procter versus Clyfton Trespass for lopping of Wood in Hurslay the Defendant pleads that the place is parcel of the Mannor of Mamden in the Parish of Hurslay and the Custom is that the Copyholder may cut c. and found for the Plaintiff and the Visne was of Hurslay and it was moved that it was not good for the Parish is not certayn because it may comprehend more Villages but it was good per Curiam because Hursley shall be taken to be a Village and Parish and shall not be intended that there are more Villages in one Parish 5 Edw. 3. 20. Mich. 9 Iac. Ban. Regis Brocke versus Spencer Hill 9 Jac. Ban. Regis Savil Cavendish Condition to pay mony in the Church Porch of the Parish of H. and pleads performance the Visne was of H. and yet good for as it seems the Village and Parish shall be intended all one and the Parish shall not be intended to comprehend more Villages Debt upon an Obligation and shews the breaking of the Condition because a stranger recovered the Land at Westminster upon a good Title where the Land lyes in Com. Berks the Defendant said that it was by Covyn without this that it was a good Title the Plaintiff said that it was upon a good title the Visne shal be of the County of Berks where the issue is joyned upon the good Title and where the Land lyes but contrary if the issue be joyned upon the County but it was said if it were a personal Action it shall be where the Recovery is alleadged Mich. 9 Iac. Ban. Regis Hausaker versus Kirby Ejectione firmae of Land in S. T. the Defendant pleads Feoffment of the Land by Deed at S. the Plaintiff said non feoffavit c. the Visne was of S. and T. and good and the alleadging of the feoffment at S. is idle for it cannot be but upon the Land Mich. 9 Iac. Ban. Regis Debt for 20 l. Defendant pleads that at another time the Plaintiff sued him in London in such a Parish and shews the Record certain c. and that he had exectution in another Parish c. the Plaintiff said that it was in debt for another 20 l. for the which execution was awarded absque hoc that the plaint and the execution was for the same 20 l. yet the Visne shall be in both parishes because the issue is as well of the execution as of the plaint 5. Edw. 4. 110. A. vouches B. which vouches C. and after issue tryed the former Voucher dyes this shall not be pleaded in arrest of Judgement but it is Error 21 Hen. 7. 80. pl. 1. Crooke but if A. dye he shall abate the sute in facto ibidem In detinue against A. he prayes garnishment against B. which comes and pleads and are at issue A. dyes the sute abates ibidem Bar in Error No bar to say the former Writ depending that the Plaintiff did infeoff another for he remains Tenant notwithstanding 21 Edw. 3. 53. 20 Assize 2. 12 Assize 41. Coke 1. part 111. Albanyes case In nullo est erratum a good Bar 28 Hen. 6. 10. 9 Edw. 4. 32. 15 Eliz. Dyer 321. pl. 21. But note upon Error in Deed this is no plea 7 Edw. 4. 16. 9 Edw. 4. 32. 3 Edw. 6. Dyer 65. 2 Mariae Dyer 104. pl. 10. Lib. intra 288. D. sect 1. 289. D. sect 1. No. Lib. intra 233 B. Release of Errors a good Bar 20 Edw. 3. Error 2. Littleton 116. B. Coke 8. part 152. Althams case 6 Hen. 4. 8. pl. 36. 5 Edw. 4. 96. B.
But a Release of Actions reals and personals it is no Bar in error of an Outlawry Coke 8. part 152. Littleton 116. B. If the Defendant be outlawed in Redisseisin a release of all demands is no bar because the Original and the Judgement are the process of the Outlawry 11 Hen. 4. 6. The Release of the Vouchee shall bar the Tenant 17 Edw. 2. Error 90. for the Tenant recovers in value Release of Errors by Tenant in Tayl no bar to the issue although it be tryed against the Tenant in Tayl 3 Elizabethae Dyer 188. pl. 9. But if he in reversion in Tayl disseises Tenant in Dower and suffers an erroneous Recovery and Tenant in Dower releases with warranty and dyes this is a good Bar Coke 3. part 60. 61. Lincolne Colledge case A Release of one bars another when two are to recover a personal thing but when they are to discharge themselves it is otherwayes Coke 6. part 25. Ruddocks case The King brought Error it is no plea that his Ministers have seised the Land unless the King agree to it 39 Assize pl. 18. The Judgement in Error 1. for the Plaintiff 2. for the Defendant 3. for both In Error two things are to be done 1. To reverse the Judgement 2. That the party be restored to all that he lost 9 Henry 6. 47. B. Martin Coke 5. part 39. B. Tayes case The judgement was that the Plaintiff should not be restored to the Land with the mean profits 11 Henry the 4th 93 pl. 49. And 8 Hen. 6. 2. A. Rolfe that he shall recover the Land and the Issues The Judgement was Quod judicium revertetur adnulletur quod Defendant de intrasione intrusione transgressione contemptu convincatur a possesione amoveatur capiatur c. quodque recordum mittatur in Scaccarium pro executione habenda c. Coke 1. part 40. A. Altonwoods case In Quare impedit that the former judgement should be void and the Plaintiff restored to all that he lost 18 19 Eliz. Dyer 353. pl. 30. Gardein recovers in a Quare impedit in right of the Ward the other at full age of the Ward brought Error and a Scire facias against the Ward the Ward entitles himself by his antient right and found for him 1. The judgement shall be reversed against the Gardein and yet the other shall not be restored because he is barred by the plea of the Ward 9 Hen. 6. 47. B. Newton The Judgement was that the judgment shall be reversed and that the Plaintiff be restored to the Land and to the issues in the mean time 9 Henry the 4th 6. pl. 19. The Judgement was upon an Utlawry in felony that the Utlawry should be reversed and he restored at the Common law to all that he had lost by this cause 11 Hen. 4. 53 pl. 32. 7 Hen. 4. 40. B. And that he should be restored at the Common-law to that he had lost 3 Eliz Dyer 196. pl. 39. Error by Executors of the Testators being utlawed was that the utlawry be reversed and that they shall be restored to the Goods of their Testator seised by reason of it 11 Hen. 4. 65. pl. 22. It shall be Quod judicium reditum staret in omni robore per Coke Chief Justice Pasc 12. Iac. Ban. Regis Sir Iohn Heydons case and yet 21 Edw. 4. 44. A. was quod judicium reditum remanebit stabile in perpetuum Et ulterius concessum est quod praedictus A. recuperet versus praefat B. 10 l. eidem A. per Curiam Domini Regis hic adjudicat juxta formam Statuti inde nuper edit c. promisis costagiis dampnis suis quae sustinuit occasione dilatationis executionis praedict praetextu prosecutionis dicti brevis dom Domini Regis de errore c. No. Lib. intra 244. B. sect 8. and 292. B. Statute 3 Hen. 7. cap. 10. if Error be sued before Execution and afterwards be discontinued by default of the party or he be non-suted or judgement affirmed the other recovers his costs and dammages by the discretition of the Judges before that the Writ of Error be sued An Infant and another levye a Fine this may be reversed as to the Infant but it shall be good against the other Coke 1. part 76. B. Bredons case No. Lib. intra 255. C. sect 11. But if the Husband and Wife levye a Fine of the Land of the Wife and reverse it for Error they shall be restored forthwith because the Husband is joyned but for conformity Coke 2. part 77. B. Cromwels case Execution reversed the judgement is yet good Coke 5. part 32. Pettifers case Fine reversed for the Proclamations only and yet remain good for the other is but a Discontinuance 4 Eliz. Dyer 216. pl. 54. Execution in Error Lib. intra 307. C. sect 1. FINIS In Comitatus â— Banco Account before Auditors Propertie Payment Servant Statute Merchant V ndee King Executor King Bar. Coverture Delivery Redelivery More Obligation Payment Robery Vende Unison Receiver Outlary Accord Delivery and Redelivery Redelivery Expenses Receipt in Satisfaction Vendee In Comitatu In Com. Ban. Bought Accord 1. Quid. 2. Quotuplex Baron feme Commoner Executor Feoffee Heir Joynder Lessor Tenant in common Administrator Bayly Baron feme Carrier Counsellor Assumpsit Churchwardns Jonder Master Tenant at will Tenant per elegit Tenant in common Tenant for years Vicar Shrieve Trees Chappell Way 1 Estreite 2 Trench 3 Disturbe 4 Stopping of it Slander of my Title Lnad Trade Distresse Fair and Market Deeds False Returne Ferry Foldage Forrest VVarren Liberty House Mannor Meere-stone Mill. Office Pischary Procurement Protection School Slander of my Title Land Trade Waste Water-course Watring places Chasing sheep For goods lent are wasted Goods not delivered Wood and estovers Carrier A Horse Pigeons Dice and Cards Distrâ—â— Escape by A Goaler Deeds Ferryman Forgery and Counterfeiting Guard Grain drowned Menace Pales Piles Protection Rescous Servants Bar Servant Terme Lying in waite Arrest Articles Goaler Indictment Menace Poyson Surgeon Slander Adulterer Bunkrupt Basterd Bawd Bribery Barecter Cosener Slander in writing False Justice False Knave False sure Felon Forger Heretick Thief Leper Murtherer Perjured Plague Pox. Profession Revealer of a cause Rogue Sedition Sorcery Traytor Userer Whore Admiralty Attachment Attorney Counsellor Christian Court. Escape Essoyne Execution False returne no Returne Forgery Imbezeling Marshalsey Plea Procurement Prohibition Protection Purchase of a writ Reseous Statute Vexation Admission Bedell of a Hundred Enclosure Feofment Induction Institution Presentation To find a Priest Reparations Retain To hold Court Toll Borrowed Attorney Baylment Cocket Farrier Smith In-keeper Pledge Servant In-keeper Bar. Surgeon Victualler Attorney Clerk of Assize Feoffee to use To hold Court Shrieve Aâ—umpsit Quid. Quotuplex Consideration Quid. Quotuplex To make an estate Ditch Granage Lessor House Purchase Release Assumpsit Agistment Annual payment Trees cutting Arbitriment Assent Carrier Charitable
14. In consideration of divers summes received of divers persons to the use of the plaintiff amounting to 24 l. assumes to pay this and adjudged a good count though he doeth not shew of whom he received the summes because this is not traversable for it is a consideration executed Trin. 14. Eliz. Ban. Regis Beckingham et Lambert Count that upon an in simul computasset the Defendant was indebted to him in 20 l. and promises to pay it c. Crooke Justice said it was a good consideration and Dodderidge said that in every action of debt an action of the case is implyed and when it appears how the debt grew due then it is a good Assumpsit Trin. 14. Jac. Ban. Regis Cullimore Eynison Against him that takes upon him to plant thorns and doth not do it Lib. Intra 13. C. Sect. 1. 1. My servant being in prison I request his enlargement and promise to save A. harmless an action lyes but without request not 10 Eliz. Dyer 272. pl. 31. 2 If one become Bayl for the servant and after the Master promise to save harmlesse an action lyes not 3. A. being Bayl for B. in Ban. Regis B. promises to save him harmlesse yet A. shall not have an Action against B. although he pay the money if no Capias be awarded against the Principal nor Scire facias against the Bayl Trin. 7. Jac. Ban. Regis Bolles Jones error upon judgement in Com. Ban. 4. A being indebted to B. prayes C. to be bound to B. for the debt and he will be bound to C c. C. is bound to B c. A. refuseth to be bound to C. yet C. shall have an action against A. for it is a good consideration in so much that C. is lyable to the debt Mich. 9 Jac. Ban. Regis Knyvet Pledall 5. A. promises to B. to discharge him and save him harmlesse from all bonds in which he was bound for the son of A. at the request of the said son B. brought his action and shews that he as fidei jussor was bound 1. It is a good consideration 2. He ought to shew precisely that his son requested for although fidei jussor imply a request yet it is not sufficient Pasch 9 Jac. Ban. Regis Somerston Barnby postea Mich. 9 Jac. it is shewed that it was alleadged and for this judgement was given for the Plaintiff Lib. intra 11 C. Sect. 1. 6. An infant borrows money B. is bound to pay it at full age the infant promises to save him harmlesse action lyes upon it for although the infant is not lyable in law yet in conscience he was and this sufficeth for the consideration Trin. 29 Eliz. Ban. Regis adjudged A Widow promiseth for following her Suits to pay 200 l. this is not good for it is maintenance per 2 Justices but Dyer against them because it did not appear that they were Suits in Law 19 Eliz. Dyer 356. A. promises 10 l. to B. if he suffer C. to enjoy the Land there although C. enjoy it not yet if A. agree and do not interrupt C. the Action lyes Pasch 15 Jac. Ban. Regis Taylor Wilks A. being a Coppie-holder makes B. his Executor and intends to surrender to the intent that B. should satisfie a debt to D. the son of A. promises that if he do not surrender but suffer the Land to descend he will satisfie the debt A. dyes B. shall have an action against the son for it is a good consideration Hill 9 Jac. Ban. Regis Gray versus Gray A. promises to pay to B. for his reasonable board for such time as he shall be with him B. shews that he was with him ten moneths and that 5 s. the moneth is reasonable amounting all to 50 s. this is good Pasch 30 Eliz. Ban. Regis Floyd Irish 2. A. being sick in an Inne B. promises to pay as much as shall be due for all necessaries that the Inne-keeper shall provide for A. yet in the Action the Inne-keeper shall say in the Writ and Count that he did provide necessaries til such a day until c. in all to the value of 20 l. forasmuch as the promise was generall the Writ is good 2. It is inconvenient to shew all things that he did provide c. the same law is for a Physitian per Dodderidge Justice Pasch 13 Jac. Ban. Regis Crips Baynton 1. For money upon the sale of any personal things 33 Hen. 8. br Action upon the case 105 110. 2 Rich. 3. 14. Com. 102. For in every contract there is an Assumpsit implyed Coke 4. part 94. Slades case the Count needs not shew but soepius requisitus Pasc 28 Eliz. Com. ban 2. In an action for money upon the sale of a thing he needs not count that he was possest ut de bonis propriis Trin. 7 Jac. ban Regis Fitz. william Blackman 3. Against a purveyor or servant that bought goods for his Master and promises payment Dyer 230. pl. 56. 12 Hen. 8. 12. 4. Against him that promises to a Baker to pay so much as he shall deliver in bread to B. 29 Hen. 8. 25. 5. Upon a promise to pay for cloath bought if B. doeth not 12 Hen. 8. 12. 6. A. brought an action and shewes that he sold a horse to B. at such a day year and place to be payed at a day to come and the Defendant ad tunc ibidem ratione praemissorum assumes to pay if c. this is nought for the contract and the giving of day to B. ne fuit ad instantiam of the Defendant but compleat before Pasch 9 Jac. Ban. Regis Farmer Field 7. A. promises to pay to B. such Sums of money as B. shall disburse of his own money for cloath to the use of the Defendant this is a good consideration by the buying of the cloath the property was in A. forthwith Trin. 9 Jac. Ban. Regis Moore Moore 8. A. sold to B. two wayes of Barley for as much as he sold to others the Plaintiff in the Action ought to count 1. for what he sold to others 2. ought to give notice of this to B. So if A. promise to B. 20 l. if he marry C. yet B. ought to have notice of the marriage but a Tayler may have an action for as much as he shall deserve and is not bound to give notice what he shall deserve because it is not incertain Hill 13 Jac. Ban. Regis Hall Heminge 1. Against a Seller of corn to be delivered at a certain day and dotht no 21 Hen. 6. 55. 20 Hen. 7. 9. 28 Hen. 8. Dyer 22. pl. 138. fol. 113. pl. 55. Coke 4. part Slades case 94. B. 2. For delivering good and merchantable corn and doth not 6 Edw. 2. 6. Dyer 75. pl. 23. Lib. Intra 4. B. Sect. 2. The judgement For not delivering of grain yearly quaere if
executrix and devises his goods to her this is a good releas of the debt for if the obligee make the wife of the obligor his executrix this is a release in Law because it is suspended by the act of the party Trin. 12. Jac. com ban Fryer versus Gildridg A release of all advantages in account a good barr in debt upon an account 9. Edw. 4. 49. Coke 8. part 152. A. Althams case A. is bound to B. to the use of C. the release of C. is a good barr 36 Hen. 8. br obligation 27. Defendant said that the agreement was for the obtayning a benefice this is nought 1 the statute makes the contract void 2. It cannot be averred out of it Mich. 40 et 41 Eliz. com ban Gregorie versus Olden Defendant pleads that the obligee accepted of a statute for the obligation after the day this is no barr because the obligation is in force notwithstanding Coke 6. part 44. B. Higgins case The condition was to save the surety harmlesse no plea that the former bond was usurious because the counter bond was not for payment of money Mich. 40 et 41. Eliz. com ban ban Dowman versus Button The Judgment in debt The Judgement Lib. intra 173. B. sect 1. Arrerages of account the executor pleads no such account or nothing in arrere or outlary in the plaintiff and it is found against him the Judgement shall be de bonis Testatoris 34 Hen. 6. 22. A. Danby A covenant broken after the death of the Testator the Judgement shall be de bonis Testatoris 15 Eliz. Dyer 324. pl. 34. Nothing in Arrere in debt for rent due in vita testatoris or no such lease the Judgment shall be de bonis testatoris 34 Hen. 6. 22. A. Danby Accquittance or release pleaded and found against him if it be pleaded and made to the executor the Judgement shall be generall 11 Hen. 6. 8. A. Danby 34 Hen. 6. 24. A. Prisot Non assumpsit of the Testator to pay the debt the Judgement is of costs and damages of suit de bonis propriis if the Testator had not sufficient No. Lib. intra 1. B. sect 1. The executor found in a Cheft a graunt of the next avoydance made to the Testator and presentation there upon a Recovery in a quare impedit against him the Judgement shall be of his proper goods 34 Hen. 6. 22. B. Prisot Coexecutor pleades and found against him the Judgment shall be de bonis testatoris 9 Hen. 6. 44. 11 Hen. 6 7. 34 Hen. 6. 32. A. Confession of the Action by the executor the Judgment shall be generall against him because he ought to have pleaded that he had not more then 20 s. and against the other executor it shall be de bonis testatoris 14 Hen. 4. 12. pl. 1. Hull And by 33 Hen. 6. 2. it shall be of the goods of the testator if he hath none for damages of the goods of the executor that confesses the action But 4 Eliz. Dyer 210. pl. 23. it shall be but de bonis testatoris against both 28 Hen. 6. 3. pl. 13. 40 Edw. 3. 2. pl. 3. So in a Rationabili parte bonorum upon confession of one executor 28 Hen. 6. 4. pl. 20. 33 Hen. 6. 24. pl. 1. Ne unques executor found against him shall be generall 11. Hen. 4 5. 11 Hen. 6. 8. A. Danby But the Judgment shall be de bonis testatoris si c. and if not de bonis propriis 9 Hen. 7. 15. pl. 1. 2 Edw. 4 4. 33 Hen. 6. 23. 11 Hen. 6. 10. B. One pleads ne unques executor the other plene administraevit but 40 s. and found against the former and Judgment given that there should be recovered against both as much as there was in their Hands and the residue against the other 11 Hen. 6. 37. B. Paston 46 Edw. 3. 9. B. One dyes intestate and Administration is committed to D. by the ordinary and he comes as servant to D. to administer absque hoc that he did administer in any other manner this is no plea because he did not shew that it was the ordinary of the place and Judgment de bonis testatoris 31 Hen. 6. 13. pl. 5. 17 Edw. 3. 20. pl. 58. where an executor pleaded non est factum and found against him there the Judgment against him for all of the goods of his own as well as of the goods of the testator and against the other of the goods that he had at the day of the writ vide 17 Edw. 3. 20. pl. 1. stat 9. Edw. 3. cap. 3. statute 1. 17. Edw. 2. 46. pl. 3. Plene administravit the Judgment is for so much of the principall as they had and for damages de bonis testatoris si c. and if not then for damages de bonis propriis and for the residue as much as they had Coke 8. part 134. Shipleys case 34. Hen. 6. 32. B. Prisot com 440. B. Pepyes case vide 17 Edw. 3. 66. pl. 83. 46 Edw. 3. 9. pl. 6. Judgment speciall for the debt Upon such plea the defendant prays execution forthwith because it is a confession of the debt but no execution untill the defendant had goods of the testators Coke 8. part Shippleys case vide 21 Hen. 6. 40. But if it be found to the defendant no scire facias lyes against them 4 Hen. 6. 4. pl. 8 Unlesse he prays Judgment upon the plea. But yet 33 Hen. 6. 24. pl. 1. is that a scire facias lyes yet Coke 8. part 53. A. Syms his case that if it be for land he shall not have a scire facias because there is no record upon which it may be founded If the heir confesse the action for as much as did descend then there shall be a special Judgment against him of so much as did descend Com. 440. A. Pepyes case 22 Eliz. Dyer 373. pl. 4. the Judgment Lib. intra 172. D. But if he plead any other plea and it be found against him the Judgment shall be generall Com. 440. Pepyes case So if he confesse the action and shew as much as descends if it appear to the court that the profits from the time of the descent untill the time of the execution are sufficient for the debt per Dyer 18. Eliz. Dyer 344. pl. 1.  1. For the plaintiff  2. For the defendant Execution in debt 3. Of what Lands  4. Of what goods At the common law it was but a scire facias Coke 3. part 12. or a levari facias Coke 3. part 12. A. and this is of chattells and profit of Lands and Rents com 441. A. Pepyes case And this only within the year for if the year were past the party was put to his action of debt Coke 3. part 12. A. Harberts case unlesse the proces be continued 33 Hen. 6. 49. pl. 33. But for Recovery against an heir then it was but one Liberate com
of England But in Parliament this ought to 〈◊〉 19 Hen. 6. 12. 〈◊〉 And also before Justices iâ—eneâ—ant there 19 Hen. 6. 12. Newton But at this day judgement given at the Grand Sessions in Wales in plea real or miâ—â— shall be redressed in Ban. Regis in England per Statute 34 Hen. 8. cap. 26. But in plea personal it shall be redressed before the President of the Counsel in Wales by bill But judgement in the Assizes in Wales cannot be redressed in Com. Ban. 8 Eliz. Dyer 250. 87. ERROR    1. Out of the Realm 1. Ireland     1. Judgement in court of Record      2. Wales      1. Superiour 1. Parliament    1. Common Law  2. Ban. Regis    3. Com. Ban.    4. Chancery    5. Exchequer    2. In the Realm 1. Parliament the Sheriff in Redisseisin per Merton cap. 3.   1. Assizes     2. Oyer and Terminer 1. Village   3. Conusance of pleas 2. Single person Error is either by   4. Forrest     5. Stannaries    2. Inferiour Prescription 1. In him and his Successors  2. In him and his Heirs   3. In him whose estate he hath 2. Agard Execution  4. Custome 1. London     2. Cinque ports     3. In any village     5. Common Right 1. Pypowders in Fair or Market  3. Other Record Fine Grant of the King 2. Marshalsey Coke 10. part 69. B.      3. Tourne      4. Leete   Westm 1. 2. cap. 30. Upon a Bill of Exception    2. Statute Law 5 Edw. 3. cap. 2. Error in Marshalsey Redress in Ban. Regis   9 Rich. 2. cap. 8. He in Reversion his Heirs or Successors shall have Error upon Judgement against Tenant for life c. and by equity he in Remainder 34 Hen. 8. cap. 16. Error upon Judgement before the Justices in the Grand Sessions in Wales shall be redressed in Ban. Regis in England if it be in plea real or mixt but for personal matters it was to be redressed before the President and Counsel in Wales 23 Eliz. cap. 3. False Latine rasing interlining mis-entring of a Warrant 〈◊〉 Attorney or Proclamation Mis-return or not Return of the Shrieve or fault of â—orm in words shall not be Error in Fine or common Recovery 27 Eliz. cap. 9. Ordains that this Statute of the 23 Eliz. cap. 3. extends to Fines and Recoveries in Wales 27 Eliz. cap. 8. Judgment given in Ban. Regis shall be redressed before the Judges of the Common pleas and Barons of the Exchequer but then it ought to be in Debt Detinue Account Covenant Ejectione firmae Trespass Action upon the case and there shall be nothing assigned in the Jurisdiction of the Court or in form in a Writ returned Plaint Bill Declaration pleading process verdict or proceedings  31 Edw. cap. 3. 12. Error redressed in the Chequer chamber before the Chancellor and the Thesaurer calling to them the Barons of the Chequer and Justices  31 Eliz. cap. 1. The not coming of the Chancellor shall not make a Discontinuance of the Error in the Chequer chamber  And for Error therein sued upon a Judgement in Ban. Regis 3 of the Justices or Barons may adjourn it and it shall be no Discontinuance Erroneous judgement given in the Isle of Man may not be redressed in England because it is not parcel of England Crooke 11 Hen. 8. 202. pl. 19. Judgement given Ban. Regis Error lyes in the sane Court per Common law if it be error in proces or default of Clarks Nat. br 21. I. 7. Hen. 6. 28. pl. 22. 19 Hen. 6. 2. pl. 2. 15 Edw. 4. 7 8. 3 Eliz. Dyer 196. pl. 39. 27 Hen. 8. 15. B. Knightley But if it be error in Law which is the fault of the Justices it shall not be redressed but by Parliament per Common law Nat. br 21. I. 9 Edw. 4. 3. 3 Eliz. Dyer 196 pl. 39. 201. pl. 64. 23 Eliz. Dyer 374. pl. 19. 27 Hen. 8. 25. B. Fitz-James But error in process or default of Clarks ought to be redressed in the same Term or otherwise it lyes not in the same Court as it seems by the Justices Trin. 7 Jac. Ban. Regis Prowse Skeynner But one case was Mich. 41 42 Eliz. Rot. 639. which is a rule that error lyes in another Term upon Error in Proces when the party cannot have error in the Chequer Chamber But by the 27 Eliz. cap. 8. if judgement be given in Ban. Regis upon a sute commenced there the writ of error lyes in the Chequer Chamber before the Justices of the Common ban and Barons of the Chequer or fix of them Coke 3. part 7. B. 4. part 7. B. 4. part 53 86. A. 5 part 18. B. 28. A. 43 A. 97. B. But then it ought to be in Debt Detinue Account Covenant Ejectione firmae Trespass upon the case And also nothing shall be assigned for Error in Jurisdiction of the Court or form of the Writ Return Plaint Bill Declaration Pleadings Process Verdict or Proceedings And also a writ of Error lyes upon this in Parliament Judgement given in Chancery according to the Common-law shall be redressed in Parliament 37 Hen. 6. 13. 11 Edw. 4. 8. Choke Or in Ban. Regis 14 Eliz. Dyer 315. pl. 100. and so it seems 37 Hen. 6. 13. 8 Edw. 3. 25. 17. Assize pl. 24. Com. 393. A. 39. Assize 18. And in case of Partition one Scire facias in Chancery upon Error and good 4â— Assize 22. If Letters Patents are inrolled in Chancery there shall be a Scire facias to reverse it there 16 Edw. 3. bre 651. 2 Rich. 3. 1. A. But another subject upon this being grieved shall have this redressed in Parliament 16 Edw. 3. bre 651. 37 Hen. 6. 13. But no writ of Error lyes altogether upon a decree in Chancery because in their proceeding the Court is not a Court of Record 37 Hen. 6. 13. 27 Hen. 8. 15. Knightley Judgement given in Com. Ban. if it be Error in Process or in default of Clarks it shall be redressed in the said Court the same Term without a writ Nat. br 21. I. 15 Edw. 4. 7 8. 7 Hen. 6. 28. pl. 22. 19 Henry 6. 2. pl. 2. But for Error in Law in the same Term or other Error in another Term this shall be redressed in Ban. Regis only Nat. br 21. I. Coke 8. part 5. A. 5 Mariae bre Commission 25. It shall not be reformed at the Counsel-Table 39 Edw. 3. 14. pl. 28. Judgement given before the Barons of the Chequer chamber shall be redressed in the Chequer chamber before the Chancellour
of England Thesaurer Barons and Justices 31 Edw. 3. 12. A. 37 Hen. 6. 15. 8 Hen. 7. 13. pl. ult Com. 260. B. Coke 1. part 11. 34. 3. part 11. B. 8. part 58. A. 65. B. 15 Edw. 4. 18. 39 Hen. 6. 52. 6 Hen. 7. 15. The Statute of Merton cap. 3. makes the Shrieve judge of Record in redisseisin and Error lyes upon this in Ban. Regis Coke 6. part 12. a Gentlemans case Judgement given at the Assises in the Country shall be redressed in Ban. Regis 33 Edw. 3. Verdict 48. 7 Eliz. Dyer 235. pl. 21. 23 Eliz. Dyer 375. pl. 19. 2 Rich. 3. 1. pl. 1. 10. Assize pl. 25. Or in Com. Ban. Nat. br 25. E. But judgement given at the assises in Com. Monmouth shall be redressed only in Ban. Regis and not in the Com. Ban. because the other Justices at the assises are by letters patents 8 El. Dyer 250. pl. 87. and if the Assises be adjourned in Ban. and judgement given there it shall be redressed in Ban. Regis 8 Hen. 6. 17. And if judgement be given at the Assises in a Quare impedit Error lyes in Ban. Regis 6 Edw. 6. Dyer 76. pl. 34. But Judgement given at the Assises shall not be redressed at the Counsel-Table 39 Edw. 3. 14. pl. 28. Commissions of Oyer Terminer by Justices of the peace the judgement shall be redressed in Ban. Regis 29 Edw. 3. 30. ◠Mariae brev Commissions 25. But Error lyes not upon a thing done before the Justices of the peace 4 Hen. 6. 24. Martin But error was brought upon an Utlawry upon Indictment taken before Justices of the peace 11 Hen. 4. 53. Conusance of pleas granted to a City or Village corporate there judgement shall be redressed in Ban. Regis Or to a body Natural Judgement in Chester Error lyes in Ban. Regis Coke 2. part 89. B. 19 Hen. 6. 12. 6 Hen. 4. 8. pl. 30. But note in a writ of Error upon a judgement given in Chester day shall be given for so long time that three Counties may be held there before the return of the writ in Ban. Regis within the which time the Justices or Lieutenant of the same County may redress the error by the usage of the said County Regist orig 17. A. But in a Writ of Error upon a Writ of Error they have no such power but the Record and the Proces ought to be remanded at the first County into Ban. Regis Regist orig 17. A. Lib. intra 290. A. sect 1. Chester And by usage in the same County nine Countyes shall be held one year and eight another year c. Regist orig 17 A. The usage is to have a Writ out of the Chancery retornable in Ban. Regis for Writs of Error are excepted in Charters granted at Chester And in this Error there the Justices may award a Scire facias against the Defendant returnable at the next County and if the judgement be affirmed the party may have a Special Writ of Error reciting the former Writ and have the Records and Process of both judgements removed in Ban. Regis there to be examined and a Scire facias awarded against the Tertenant for otherwise the party shall not be restored to that which he lost 15 Eliz. Dyer 321. pl. 20. 21 Hen. 7. 34. pl. 32. Fineux 34 Hen. 6. 42. 6 Hen. 4. 8. pl. 36. Lib. intra 290. B. sect 1. Chester And by 18 Eliz. Dyer 345. pl. 6 if the judgement be reversed the party shall be restored and the Judges there forfeit to the King 100 l. although the judgement was given by their Predecessors But then it is not intended of Error in deed but only of Error within the Record or Process No. Lib. intra 〈◊〉 A. sect 2. Claym allowed by the Justices of the Forest error upon it in Ban. Regis 21 Edward 3. 48. pl. 70. If erroneous judgement be given in the Stannaryes it shall be redressed before the Warden of the Stannaryes and after before the counsel of the Prince and after before the King himself Pasc 7. Iac. Regis per Flemming chief Justice a writ of Error or false judgement lyes not upon judgement given in the Court of the Stannaryes as was resolved by all the Justices and it seems the reason is because it is but an English Court Judgement in the County Palatine of Durham shall be redressed by a Writ of Error there and upon Error in this judgement in Ban. Regis or in Com. Ban. Nat. br 21. G. 14 Edw. 3. Error 6. 8 Eliz. Dyer 250. pl. 86. Judgement in London shall be redressed in Com. Ban. or Ban. Regis Nat. br 20. E. 23. A. B. But judgement before the Shrieves of London shall be redressed before the Maior and Aldèrmen in their Hustings Nat. br 22. H. And judgement before the Maior and Shrieve shall be redressed by Commission directed to certain persons at Saint Martins the Great Nat. br 23 E. 18 Edw. 3. 8. But by 34 Hen. 6. 42. pl. 14. the Maior and Aldermen have forty dayes to advise of their Judgement and then the Recorder certifies it forthwith Note this manner is given by the 28 Edw. 3. cap. 10. scil that the error shall be redressed within the City and if they do not redress it then there shall be a Commission and if Error be found they shall forfeit to the party his treble dammages and to the King 1000 Marks c. but by the 1 Hen. 4. cap. 5. their Fine is at the discretion of the Commissioners Judgement given in the Cinque-ports shall not be redressed in Com. ban or Ban. regis but only by the Warden of the 5 Ports at the Court at Shepeware si falsum fuerit revocabitur Maior Jurati qui dederunt Judicium fecerunt fines Maior deponitur ab officio 29 Eliz. Dyer 376. pl. 23. The Writ to the Cinque-ports shall be directed Custodi quinque portuum vide 30 Hen. 6. 6. Pole But 30 Henry 6. 6. the Barons of the five Ports are Judges there A Custome in village or Town to hold all manner of pleas error lyes in Ban. Regis 21 Edward the 3d. 40. 37 Assize pl. 5. Nat. brev 20 D. 2 Henry the 7th 19. pl. 4. 18 Edward the 4th 12. Mich. 10 Jacob. Ban. Regis Godsen versus Duffrild Or in Com. ban Nat. br 20. D. Judgement in the Marshalsey shall only be redressed in Ban. Regis per 5 Edw. 3. cap. 2. 10 Edw. 3. cap. 3. Lib. intra 297. Judgement in Court of Pypowders shall be redressed in Ban. Regis or Com. Ban. Nat. br 20. D. Who shall have a Writ of Error He that confesses the Action shall not have a writ of Error against his confession Nat. br 21. K. 34. Hen. 6. 41. Conusor of a Statute shall have a writ of Error if execution be not well sued 18 Edw. 3. 25.
And although he were outlawed if he be pardoned 29 Assize 47. Nat. br 22. B. Corporation shall have a writ of Error but no single person of them 21 Edw. 4. 58. Townesend He that disclayms shall not have it Nat. br 22. C. Coke 8. part 6. B. 62. A. But if one plead Non-Tenure and it be found against him yet he shall have it 6 Edw. 3. 188. pl. 17. Nat. br 22. C. A. brought a Praecipe against B. which infeoffs C. judgement given for A. yet B. shall have Error 21 Edw. 3. 53. 12. Assize 41. 20. of Assise 2. 50 Assise 3. Coke 1. part 111 Albanies case Judgement given against the Defendant in debt and after because he paid not nor rendred his body c. judgement was given upon a Scire facias against the bayl and they all joyn in a writ of Error therefore not good because one is not party to the judgement given against the other Mich. 9 Jac. Regis Wildegoose against Duport Trespass against two where one was within age and appears by Attorny and judgement Quod cap. they joyn in a writ of Error because the judgement is entire Hill 9. Jac. Ban. Regis Orme Bird. Surviving Joynt-tenant shall have error of all 19 Edw. 3. Error 1. 19 Assize pl. 8. Two outlawed upon a Capias in Redisseisin with force one shall have Error sole 8 Hen. 4. 3. Judgement against two in conspiracy one dyes the other shall have a writ of Error 24 Edw. 3. 76. pl. 99. Mich. 30 31 Eliz. ban Regis Pegot being an Infant and another levyes a fine P. sole brought error and good for this is error in deed therefore it shall be brought by him it most concerns If one makes a Retraxit yet he shall have Error Coke 8. part 62. A. Beechers case The King shall have Error 15 Ed. 3. Error 72. He in Reversion disseises Joyntenants and suffers an eroneous recovery the wife releases with warranty and dyes this warranty is a bar to the writ of Error because by his own Act he hath disabled himself to take benefit of the forfeiture Coke 3. part 61. A. Lincoln Coledge case A recovers a moyety of a Mannor against B. which infeoffs C. B. and C. make partition B. dyes his heir shall have a writ of Error and by Newton A. had issue a Son and a Daughter by one venter and another Daughter by another venter and dyes the Son enters and dyes the youngest Daughter is found Heir in a Nuper obiit they make partition the eldest Daughter shall have a writ of Error 19 Hen. 6. 25. A. Prey in Ayde shall have a writ of Error Nat. br 21. C. Coke 3. part 3. B. 4 Assise pl. 7. Patron after ayde Pryor shall have Error 12 Hen. 8. 8. Pollard Garnishee shall have a writ of Error 21 Hen. 6. 35. B. Paston 7 Hen. 6. 41. Coke 5. part 99. B. Hoes case Garnishee in London upon an Attachment according to the Custome shall have Error 22 Edw. 4. 30 31. Tenant per Receipt shall have Error Coke 3. part 3. 4 Assise 7. 20 Edw. 3. Error 2. Vouchee shall have a writ of Error 8 Hen. 4. 3. Nat. br 21. C. 4. Assise 7. 17 Edw. 3. Error 90. Nat. br 21. M. 108. A. And the Tenant shall have another writ of Error 8 Hen. 4. 3. 21. Nat. br 21. C. But if the Vouchee release before Error brought the Tenant shall not have it 17 Edw. 2. Recovery in value 32. Heir general shall have a writ of Error 20 Edw. 4. 13. Lib. intra 296. A. sect 1. And if the Ancestor be outlawed of Felony he shall have it Nat. br 21. N. But not for High Treason per 28 Eliz. cap. 2. The Heir special shall have it for the Lands to which he is heir 3 Hen. 4. 19. Nat. br 21. K. 9 Hen. 6. 47. 1 Mariae Dyer 90. pl. 5. Executor shall have error upon judgement for debt or dammages Nat. br 21 M. Although that he be Executor to the Bishop Parson or other sole Corporation Nat. br 22. A. Coke 4. part 65. A. Fulwoods case 8 Hen. 6. 25. A. Martin And this upon the Statute of 29 Eliz. cap 8. Coke 6. part fol. ult Executor shall have error upon an Outlawry of the Testator and restitution 11 Hen. 4. 65. pl. 22. 5 Edw. 4. 7. Although that the Outlawry be for felony Coke 5. part 111. A. Administrator shall have error in the same manner as Executor shall have Nat. br 21 M. 6 Edw. 6. Dyer 76. pl. 31. Successor shall have Error for a thing which toucheth the succession Nat. br 22. A. 16 Edw. 3. Error 69. 8 Hen. 6. 25. A. Martin The King collates A. to a Chapel against whom an Action is brought A. resigns the King collates B. Judgement is given pro querente B. shall have Error 15 Edw. 3. Error 7. 15 Assize 8. But for Debt or Dammages recovered against a Bishop c. or any secular sole Corporotion the Successor shall not have Error Nat. br 22. A. He in Reversion after the Estate ended shall have Error at common Law and not before Coke 3. part 4. A. 21 Hen. 6. 29. Newton 3 Hen. 4. 6. 32 Edw. 3. Error 73. 4 Hen. 8. Dyer 6. pl. 5. com 24. B. Weston And per 9 Rich. 2. cap. 3. he shall have it during the Estate for life Coke 3. part 4. 22 Edw. 4. 31. A. Vavisor 3 Hen. 4. 6. 12 Hen. 8. 9. A. Brudnell And by equity he in remainder shall have it Nat. br 108. A. 1 Mariae Dyer 90. pl. 5. But at common Law the Donor shall not have it altogether com 241. B. And yet he shall not have Error during the Estate tayl because he is not within the Statute 9 Rich. 2. cap. 3. Coke 3. part 61. A. Lincoln colledge case 10. part 44. B. Portingtons case But after the Estate tayl ended he shall have it because the Law rayses the reversion in the Donor Coke 3. part 3. B. And although Tenant in tayl suffered a Recovery and released Errors yet brings error and is barred and dyes without issue yet the Donor or he in Remainder shall have Error 3 Eliz. Dyer 188. pl. 9. Note regularly no Stranger shall have Error 22 Edw. 4. 31. per Brian Conusor aliens execution is sued erroneously the Alienee shall have Error Nat. br 22. B. 4 Hen. 8. Dyer 1. pl. 5. 17 Assize 24. 18 Edw. 3. 25. pl. 17. Crook 6 Hen. 8. 169. A. Pollard A. clayms wood in the Forest and this allowed before two Justices of the Forest B. C. which clayms Estovers brought a writ of Error in Ban. Regis 21 Edward 3. 48. pl. 70. Tenant in Praecipe enfeoffs B. Judgement given pro quer B. shall have Error for the mischief 21 Edw. 3. 53. 21.
A SURVEY OF THE LAW CONTAINING DIRECTIONS how to Prosecute and Defend Personal Actions usually brought at COMMON LAW With the Judges Opinions in Several Cases To which is annexed The nature of a Writ of Error and the general proceedings thereupon With a plain Table for the easy finding out of every particular BY William Glisson and Anthony Gulston Esquires Baristers at Law Good communicated doubles it self Vivere nemo Nunc sine Lite solet nec sine Lege potest London Printed for Henry Brome at the Gun in Ivy-Lane and Thomas Basset in St. Dunstans Church-yard 1659. THE CONTENTS Of the BOOK 1. Accompt 2. Case 3. Covenant 4. Detinue 5. Debt 6. Ejectment 7. Quare Impedit 8. Replevin 9. Trespass 10. Trover c Wherein is plainly set down and demonstrated 1. What their several natures are 2. How many fold 3. In what court they most properly lye 4. Who may best bring them 5. Against whom 6. For what causes 7. What be Pleas and Barres 8. What Judgements and Executions The Epistle Dedicatory TO THE Professors Practisers Of the COMMON-LAW OF ENGLAND Candid Reader THis Tract in French was bequeathed to me by an Alliance William Glisson Esquire deceased which I have translated into our own Language for the Common benefit of all I am not singular in it for daily experience manifests the contrary neither is it a Novelty for Law-books to appear in this dresse Antiquity may be pleadâ—d Sr. Germin Perkins Stanford Crompâ—on Lambert Sr Henry Finch Dalton and divers others have in former dayes troden this path My desires are it may not be perused by those who read only to fault what they cannot mend but by those whose judicious Pen will correct the errors as Cognizances of humane frailty I wish it successful to all be he Pleader or Practiser and that the Common Law of England may shine forth in these Cloudy and ecclipsed dayes is the prayer of him who is A Well-Wisher to the Laws HEN. APPLEGARTH Staple-Inne January 20th 1658. 9 The Table ACCOUNT ACcount Fol. 1. Account against a Guardian in Soccage 1. In what Court Account lyeth a gainst a Guardien in Soccage 1. Who shall have a writ against Guardien in Soccage 2. Against what person Account lyeth as Guardien in Soccage 3. For what things Account lyeth 4. The Account against a Guardian Soccage 5. The proces against a Guardian Soccage 1 before appearance 2. after appearance 6. Bar by a Guardian in Soccage 1 to the Action of Account 2 Before Auditors 7. The Judgment against a Guardian in Soccage 1 of Account 2 to recover the thing ib. Execution against a Guardian in Soccage 1. per common Law 2 per statute Law 8. Ex parte talis 8. Account against a Bayly 1. of a Court or Hundred 2. of a Mannor-house c. 9. In what Court it lyes against a Bayly ib. Who shall have an Account against a Bayly 1. of a Court 2. of a Mannor ib. Against whom an Account lyeth as Bayly 1. of a Court or Hundred 2. of a Mannor c. 12. For what things Account lyeth against a Bayly 1. of a Court 2. of a Mannâ—â— 14. The Account against a Bayly 1. of a Court or Hundred 2. of a Mannor c. 15. The writs against a Baily 1. of a Court or Hundred 2. of a Mannor c. 16. The process against a Baily 1. before appearance 2. after appearance 17. Bar to a Baily 1. to an Action of an Account 2. before Auditors 18. Judgement against a Baily 1. of Accouut 2. to recover the thing 21. Execution against a Baily 1. per Common-law 2. per Statute-law 10. Ex parte talis by a Baily 22. Account against a Receiver 1. in Law 2. in Deed. 23. Against whom Account lyes as Receiver 26. For what things Acount lyeth against a Receiver 28. The Account against a Receiver 1 by others hands 2. by his own hands 29. The judgement against a Receiver 1. of Account 2. of a Receiver 34. The writ against a Receiver 35. The process against a Receiver 1. before appearance 2. after 36 Bar by a Receiver 1. to an action of Account 2. before Auditors 37. Execution against a Receiver 1. per Common-law 2. per Statute-law 3â— Action upon the Case QUid Quotuplex In what Court it lyeth 42. For doing of wrong to the dammage of another touching things hereditary 43. Against whom this lyeth 44. For what things this Action lyes 46. The Writ 55. The process 1. before appearance 2. after 55. The Judgement ib. For what things it lyes ib. For doing of wrong to the dammage of another touching his body 61. For doing a thing to the dammage of another touching his name which is slander 62. For the doing wrong to the dammage of another touching sutes in Law 72. For not doing which onght to be done by the Law touching a thing hereditary to the dammage of another 73. For not doing of things which ought to be done by the Law to the dammage of another concerning Chattels 81. For the not doing of a thing which ought to be done by the Law to the dammage of another touching his body 83. For not doing a thing that ought to be done by the Law to the dammage of another touching sutes in Law 83. Assumpsit FOr the not doing of a thing which ought to be done by the agreement of the party to the 〈◊〉 of another touching things hereditary 84. Assumpsit quid quotuplex ib. General Bar. 85. For not doing of a thing which ought to be done by the agreement of the partyes touching Chattels 87 The Judgement 98 The Writ 99 For not doing a thing which is to be done by Agreement touching the body 99 The Writ 100 For not doing a thing which is to be done by agreement of the parties touching sutes in Law 100 For not doing a thing where a man is bound to do it in one manner and he doth it in another 100 For negligent suffering a thing to be done to the dammage of another 101 Bar. 102 For deceit in bargains and agreements with warrant 105 For deceit in bargains and agreements without warranty 106 Trover and Conversion Quid quotuplex 108 Of what things it lyes 109 Covenant IN what Court covenant lyes 1. personal 2. real 113 Who shall have a covenant 1. personal 2. real 114 Against whom covenant lyes 1. personal 2. real 119 The Count in covenant 1. personal 2. real 125 Writ in covenant 1. personal 2. real 127 The process in Covenant 1. before appearance 2. after ib. Bar in Covenant 1. personal 2. real 128 Judgement in covenant 1. personal 2. real 129 DETINVE 1. QVid Fol. 132 2. Quotuplex ib. In what Court detinue lyes 1 of Chattells 2 of Deeds for Lands Fol. 133 Who shall have a Detinue 1. of Chattells 2 of deeds ib. Against whom Detinue lyes 1 of Chattels 2 of Deeds Fol. 139 For what things Detinue lyes 1 of Chattels 2
ibideus Michaelis 9. Jac. Ban. Rigis Ward versus Cheshire The Plaintif counts that he is seized in fee of a Kitchin in parochia sancti Dunstani in London and prescribes to have windows in the backside of the Defendant and his stopping up of maximam partem c. port action and upon not guilty found per quaer and moved in arrest of Judgement 1. He did not shew that the kitchin was antient but it was resolved that it was implyed in the prescription but by Williams this was was not material but Crook e contra by the custome of the city it ought to be stopped if not antient 2. For that the quantity was not shewed but resolved it need not be Coke 4. part 49. Com. 249. neither shew the Parish in which the back-side is sed non allocatur because the stopping of the light is the material point and it was shewed where it was and the Plaintiff had judgement Hill 9. Jac. Regis Hughes Keme A. had an antient house in London B. builds a new one which stops the light of A. per Curiam 1. that a man cannot by the custom of London erect a new house where there was not one before to stop the lights of the antient house 2. Upon an ancient foundation a man may erect a new house and stop the antient lights of his neighbour for by the same reason that his neighbour erected his house more high may the other at any time erect his but he cannot enlarge his in breadth or length to stop the lights of his neighbour vide 22 Hen. 6. 15. For removing a plaint out of my Mannour without cause 27 Hen. 6. 4. For taking an estray within my Mannour or liberty 13 Edw. 3. breve 674. 31 Edw. 3. breve 333. but ibidem it lyes not before seisure For removing a Meerstone though one of them be Tenants in Common 1 Hen. 5. 1. Lib. intra 9. C. sect 1. 1. For disturbing my customers to come to my Mill 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45. 2. For erecting a new Mill Lib. intr 9. B. sect 2. D. sect 1. 1. For disturbing to take seisure of an office 6 Edw. 3. 9. 2. For disturbing the steward to hold Court Lib. intra 5. B. sect 1. 3. For disturbing to take the profits which belong to the office 9 Rich. 2. action sur case 5. 4. Against an Escheator that returns contrary to that which was found by office 9 Hen. 6. 60. 5. If he returne where no office was found 21 Edw. 4. 23. et 27. for he is not Judge but officer 9 Hen. 6. 60. 6. For procuring a false office to be found by which my land is seised 47 Edw. 3. 15. kitchin 175. A. For erecting of a Dyhouse which poysons my water by reason whereof my Fish dyes Coke 9. part 59. A. Aldreds case 1. For releasing me with warranty and procuring an other to sue me 34 Edw. 3. 20. 1. Against Tenant in precipe which hath protection allowed to Westm for one yeare and within the year he stayes at Gloucester 15 Edw. 4. If I sue a School-master for erecting a school in the same Town the action lyes not for it is no nusance 11 Hen. 4. 47. pl. 21. 22 Hen. 6. 14. prisott If A. sayes that B. hath right in my Land for years Action Lyes Coke 1. part 177. Mildmays case No. Lib. intra 30. A. sect 27. but I ought to shew how I am prejudiced A. brought an Action upon the case against B. because that he published that he had the lease of the land of A. and that he intended to sell it and was hindered B. said that he had an Indenture as in the Count is mentioned and traverseth that he forged it 1 when B. claims a right though he had none yet the Action Lyes not 2 the Count is good because it is that it was against the knowledge of B. that it was forged 3 sciens is not traversable Coke 4. part 18. A. case 14. 1. For stopping a ditch by which my land is surrounded Nat. br 88. E. 89. M. 39 Hen. 6. 32. 11 Hen. 4. 82. 14 Hen. 8. 31. For not scouring a Ditch by which my land is over-flowen Regist orig 100. A. For breaking of a seabanke by which my land is surrounded Nat. br 86. F. 89. B. â—t C. Regist orig 95. A. It lyes not for erecting of Cony-burroughs by which I lose the profits of my land because the party had no property in them Coke 5. part 104. Boulstons case 1. If one hath the trade of a Bakehouse by prescription for the whole Town and another erects another and sels an Action lyes Coke 8 part 125. case of London 19 Rich 2. Action sur case 52. 2. For using the trade of a Dyer in R. without Licence of the Arch-Bishop of York Regist orig 105 106. Coke ibidem 3. The king grants to A. the sole seisance of play-cards yet A shall not have an Action upon the case against others that use the trade because the grant is voyd Coke 11. part 86. A. Monopolies Tenant at will makes voluntary waste Action lyes against him Littleton 15. A. 14 Hen. 8. 12. Brown Coke 15. part B. Salops case 48 Edw. 3. 25. Dyer 121. pl. 17. 11 Hen. 6. 38. For diverting of part of the stream by the owner of the Land by which the stream flows over 12 Hen. 4. 47. 21 Hen. 7. 30. Dyer 248. pl. 80. Coke 4. part 86. Lutterels case the Count there 3. Eliz. Dyer 195. pl. 37. But for diverting majoris partis Assize lyes 8 Eliz. Dyer 248. pl. 80. but this is intended when the Mill cannot go For stopping a pit that one hath for water although it is not a common watering place 21 Hen. 7. 35. No. Lib. intr 18. D. Sect. 15. The Writ Ought to be certain as the Count except the place and time 22 Hen. 7. 91. It ought to have the certainty as the Count and to have all the Count except the year and day the quantity and certainty of the Land 38 Hen. 6. 9. pl. 20. Prisott The Writ shall not be vi armis Nat. br 92. E. When there are two causes of Actions 1. causa causans 2. causa causata the former may be alleadged vi armis Coke 9. part 50. B. Salops case The Process 1. Before appearance 2. After At common Law a Capias lyeth not 43 Edw. 3. 11. Coke 10. part 72. A. Marshalsey But the 10 Hen. 7. cap. 9. such processe is given in an Action surcase in Ban. Regis Com. Ban. as for Traverse or debt Br. exigend 29. The Judgement For not repairing of a Bank per quod c. the judgement shall be to recover Dammages and a Distresse to the Shrieve to compel the Defendant to repair For what things it lyes 1. For chasing sheep into the
5. 5. Against a Comissary that returns a Jure patronatus otherways then it is found 22 Hen. 6. 30. 6. Upon a devastavit returned falsely Lib. Intra 11. A. sect 11 Hen 6. 37. B. 7. For returning a man summoned where he was not 26. Assize 48. 1 Hen. 6. pl. 4. or where he was not summoned by a reasonable time 39 Edw. 3. 7. 8. The same Law Upon Garnishment 2 Edw. 3. cap. 14. Regist orig 112. B. 9. For returning non est inventus where the party was sufficient and ought to be summoned 31 Edw. 3. proces 55. Nat. br 39. B. 10. For returning a cepi Corpus and had not the body at the day the plaintiff shall not have an action upon the case but shall sue him upon an account 7 Hen. 4. 31. proces 120. 11. For delivering a distres and returnes not the writ 21 Edw. 3. 43. Against a deputy of a shrieve 20 Hen. 6. deceipt 11. 12. For returning a nihil where had sufficient Lib. intra 11. C. sect 2. Nat. br 39. B. 13. Against an escheator that Certifies an office otherways then it is found or that certifies one where there is none found 21 Edw. 23. 9 Hen. 6. 60. Regist orig 115. B. 14. By the new shreive against the old shreive for returning one sufficient which is not by which the plaintiff is charged in Issues 19 Hen. 6. 38. B. Paston 15. Against a Shreive that makes a precept to one that is not Bayly of a Franchize 38. Assize 13. 16. The Shrieve returnes not a cepi Corpus sed languidus when he was in good health he shall have a false prisonment 11 Hen. 6. 42. pl. 39. 2 Hen. 6. 5. A. And the other an action upon the case 21 Hen. 6. 5. A. 17. False Judgment the Shreive returns that there is no such things c. if it be false Action lyes 10. Edw. 3. 389. pl. 35. 18. For the Shreive shall not be amerced 44 Edw. 3. 3. pl. 11. 19. If the Shreive make a false returne upon an enquest the party hath no remedie Coke 5. part 32. B. Pettisors case 20. For not returning a writ delivered by bill Westm 2. cap. 39. 42. Assize 12. But note 8 Edw. 3. 3. 298. pl. 26. Herle it lyes 21. It lyes against a Shrieve for a false Returne Doct. studend 134. B. 19 Hen. 6. 29. 5. 72. 22. For returning summoned where he was dead Action lyes 8. Edw. 3. 330. pl. 1. 23. Against a Summoner that returns a man summoned where he was not by which he was excommunicated Mich. 12. Jac. Ban. Regis Pole and Godfrey the Count and pleadings in the Reports For suing one upon a forged Obligation Coke 4. part 18. B. Against a Custos brevium by Bill for embezelling a Writ to him delivered 7 Hen. 4. 6. For inciting another to embezel a Writ 19 Hen. 6. 29. If my Attorney or Deputy of the Shrieve embezell a Record deceit lyes 19 Hen. 6. 30. For suing me before the Steward or Marshall where I am not of the household 3. Hen. 6. Estoppel 18. 10 Hen. 6. 13. 1. Against a Baylie of a Franchize that discontinues his plea Nat. br 93. F. the Writ there 2. Against a Bayly of a Franchize that sues after the plaint removed Nat. br 93. E. 14 Ed. 3. Action upon the case 39. 3. Against a Guardian which pleads a false plea or vouches one that is not sufficient 9 Edw. 4. Action upon the case 118. Against him that procures one to say he is A. B. the plaintiff in the Suit and confesses the thing c. Regist orig 113. B. Against him in Court Christian that proceeds after prohibition delivered Nat. br 92. E. the Writ shall say contra pacem Against him that throwes the prohibition in the durt Nat. br 92. E. Regist orig 92. the Writ shall say contra pacem Against him who gets a protection of the King for one and gives it to another of the same name 30 Hen. 6. 18. Against a Tenant in a praecipe that hath a protection to come to Westm and stayes at Gloucester 15 Edw. 4. 19. Regist orig 119. B. 20 Hen. 6. 10. Against him that gets a protection where he was not in service of the King Lib. intra 492. D. the Count 493. Sect. 2 3. Against him that purchases a Writ whereby I am sued to pay a fine without my privity Regist 112. A. Quare impedit 112. A B. 3. Against an officer in Ban. Regis which purchases a supersedeas for one that I have a Plaint against in London upon a false surmise that the Defendant is his servant 21 Edw. 4. 23. But upon surmise that he hath an action depending there it lyes not because the Court cannot have notice ibidem 4. Against an officer in Chancery which purchaseth a Supersedeas for his servant where he was not his servant retained before the time 11 Hen. 6. 8. 1. By a Goaler against Rescoussors of one in Execution Dyer 241. pl. 47. 2. A. being arrested upon a Latitat at the Suit of B. and Rescoussed by C. B. shall have an Action against C. and ought to shew that he intended to declare against A. in debt for there are no other Process in this Court Pash 7. Jac. Ban. Regis Kemps case Against him that acknowledged a Statute in my Name without my privity 112. B. Regist orig Against him that sues me on purpose to vex me 8 Edw. 13. 43. 1 Edw. 3. 20. But for causelesse Suits no action 11 Eliz. Dyer 285. for pro falsa actionis prosecutione nulla sequatur poena 2 Rich. 3. 9. pl. 22. 2. Against him that sues me for a thing arbitrated before that the day come Regist 111. A. For the not doing of a thing which ought to be done by the Law touching a thing hereditary to the damage of another A Coppie-holder by Custom may nominate him which shall succeed him and name one and pray to be admitted and offer reasonable fine to the Lord which refuseth the Coppie-holder shall not have an action of the Case against the Lord because before admittance he had no right Pash 13 Jac. Ban. Regis Forde and Hoskins A Bedle of a Hundred brought his action against many and prescribes to have three gallons of the best beer of every Brewer for 7d. and good 1. he need not shew what estate 2. it is good against many because all in common are accessory 19 Rich. 2. Action upon the Case 51. Against him which ought to enclose and doth not by which my grasse is consumed 11 Rich. 2. Action on the case 36. But if it be between two houses a Curiae claudenda lyes ibidem A. sold land to B. and he will not enfeoffe him Action lyes 22 Hen. 6. 44. Newton Against an Archdeacon which refuseth to induct 26 Hen. 8. 3. Nat. br 47. because here the Archdeacon is
the Plaintiff shall recover damage as well pro tempore futuro quam pro praeterito 3 Mariae Dyer 113. pl. 56. Administratrix promises to pay a debt c. then the judgement against him shall be generall praedictus P. M. uxor ejus in misericordia Coke 9. part 93. Banies case No. Lib. Intra 2. C. Sect. 3. But upon plea that the Testator did not assume shall be for costs and damages de bonis propriis if the Testator had not sufficient No. Lib. Intra 1. B. Sect. 1. The Writ Upon assumpsit by the Husband and Wife made to the wife dum sola fuit the Writ said ad dampnum ipsorum for the husband shall have the damages ideoque fuit ad dampnum ipsorum Hill 9. Jac. Ban. Regis Wolverton and his Wife against Day For not doing a thing which ought to be done by Agreement touching the body 1. Against a Barber that takes upon him to rase the beard and doth it with an unwholsome Rasor Lib. Intra 2. C. Sect. 1. 2. Against a Physitian or Chirurgeon for not curing a malady or not applying medecine 14 Hen. 6. 18. 43 Edw. 3. 33. 21 Hen. 6. 55. 48 Edw. 3. 6. pl. 11. Regist orig 105. B. 112. A. 3. For advising his patient to apply a certain medecine to cure him and it did not 19 Hen. 6. 49. For commanding his servant to apply a medecine and he doth it not 11 Edw. 4. 6. 4. For applying a medecine that impairs the Mayheme 11 Rich. Action upon the case 37. 11 Hen. 6. 18. pl. 10. 21 Hen. 6. 55. B. But note in all these cases he ought to take upon him the Cure 19 Hen. 6. 49. 48 Edw. 3. 6. The Writ The Writ ought to shew the place where he took upon him the cure 48 Edw. 3. 36. If A. promise to cure me in London and apply unwholsome medecine in Middlesex the action shall be in Middlesex because there was the wrong 11 Rich. 2. Action upon the case 37. For not doing of a thing which ought to be done by Agreement of the parties touching Suits in Law Against a Clerk that promises to enroll a Jury and doth it not 34 Hen. 6. 4. Against a Serjeant or Counseller that promises to plead and doth it not 14 Hen. 6. 18. For not doing of a thing where a man is bound to do it in one manner and he doth it in another Against him that promises to plough my land and doth it in unseasonable time 14 Hen 6. 18. 3 Hen. 6. 36. Against an Attorney that takes an obligation in his own name when it should have been in mine 20 Hen. 6. 25 Against a Carpenter that undertakes to build a house in such a form and builds it in another Nat. br 145. G. 2 Hen. 4. 9. 21 Hen. 7. 41. 20 Hen. 6. 35. Against him that hath a Crane and spoils my Merchandize Lib. intra 3. C. Sect. 1. Against a Farrier that takes upon him to cure my horse and applies unwholsom medecine c. 19 Hen. 6. 49. For pricking my horse 46 Edw. 3. 2 3. 10. Nat. br 94 D. 18 Edw. 3. 6. pl. 11. for it is the duty of an Artificer to do his office well and truly For misusing a Lycence 21 Edw. 4. 76. Against a Sergeant at Law that is retained to plead and mispleads 14 Hen. 6. 18. For negligent suffering of a thing to be done to the Damage of another A. borrowed a horse of me which dyes suddenly an Action lyes not 40 Edw. 3. 6. But if the thing be used in other manner then it was lent and dyes an action lyes Doct. stud 29. But if it be but in the same manner that it was lent and dyes no action lyes Doct. stud 29. A. borrowed a horse and a house fell upon him there if the house fell upon him being feeble action lyes otherwise not Doct. Stud. 128. Against him that keeps not well his fire by which my house is burned being adjoyning 2 Hen. 4. 18. 8 Edw. 4. 19. pl. 30. Choke Although his own house be burned 33 Hen. 6. 1. Lib. intra 8. A. Sect. 1. 3. It lyes although his servant do it but not if a stranger do it of malice 33 Hen. 6. 1. 2 Hen. 4. 18. Doct. Stud. 137. 4. If a servant bring fire in the street and burn a house of his Masters he is not chargeable 5. It lyes not if it be burned suddenly and the cause not known 42. Assiz 8. 2 Hen. 4. 18. Barre That it was not burnt in default of good custody of the fire of the Defendant Lib. Intr. 8. A. Sect. 1. But by 28 Hen. 6. 7. this is but a negative pregnant That he guarded his fire well absque hoe that he guarded it negligently Lib. Intra 8. B. Sect. 2. Against a Bayly of Cloath that suffers it to be consumed with mothes 27 Hen. 8. 25. 13 Hen. 7. 1. 18 Edw. 3. 23. Against a Baylie of a horse that suffers him to perish 12 Edw. 4. 13. 26 Hen. 8. br Action upon the case 103. Lib. Intra 3. B. Sect. 1. Regist orig 107. A. For losing a Release 34 Hen. 6. 4. So of a box Lib. intra 9. A. Sect. 1. Against him that suffers his dog to bite my sheep 28 Hen. 8. Dyer 25. pl. 102. fol. 29. pl. 195. 28 Hen. 6. 7. pl. 7. Lib. Intra 616. B. Sect. 1. Regist orig 110. B. But then the master ought to know that he would bite them ibidem But sciens is not traversable but may be given in evidence Coke 44. part 188. If the owner of the dog brings him to the master of the sheep to do justice upon him It lyes not 7 Edw. 3. bar 290. The Plaintiff declares that the Defendant was possessed of a dog 8º Octobris 7º Jac. using to bite c. and that the dog 12. October in the same year did bite his Lambs c. this is not good for he ought to have shewen that he continued his dog at the time of the biting for it shall not be presumed that he continued it without shewing it Pasch 9 Jac. ban Regis Louder versus Sounds 21 Edw. 4. 22. 15 Eliz. Dyer 320. 4. For suffering his dog to bite my servant Regist orig 111. A. 5. For hurting of an ox Regist orig 111. A. 6. For hurting of a horse after warning given Regist orig 106. A. 1. Against a Warden of the Fleet that suffers one to escape that was taken upon a Capias ad computandum 15 Edw. 4. 19. Lib. intra 8. C. Sect. 1. 2. Against a Shrieve that suffers one to escape that was taken upon a Statute Merchant Regist orig 98. B. Nat. br 93. A. the Writ there Against an In-keeper that suffers the goods of his guests to be stole Coke 4. part 32. Calyes case Nat. 94. B. Regist. orig 104. A. 105. A.
Note that there shall be no Enterpleader unlesse the Defendant pray it 18 Edw. 3. 22. pl. 3. If the parties are by Attorneys day shall be given over because they shall not enterplead but in person 9 Edw. 3. 334. pl. 12. 24 Edw. 3. 24. pl. 3. And if one come at his day by Attorney the other shall not have judgement against him 9 Edw. 3. 334. pl. 12. Upon several Baylments there shall be no Enterpleader 19 Hen. 6 2. pl. 6. But if the Defendant said that he was Joynt-tenant absque hoc that it was several 19 Hen. 6. 3. pl. 6. In Detinue the Defendant pleads another Writ hanging per another and prayes Enterpleader and it was granted for the mischief that might be for otherwise both might recover the Deeds and so be twice charged 3 Hen. 6. 43. pl. 20. But there ought to be two several Writs depending 3 Hen. 6. 35. pl. 31. and these ought to be returned at one day 9 Hen. 6. 36. pl. 9. If the Defendant and the Garnishee do not agree in plea there shall be no Enterpleader 14 Hen. 6. 11. There shall be no Enterpleader unlesse the Defendant alleadge that both demanded one thing 8 Edw. 4. 6. If the Defendant after Garnishment make default yet there shall be an Enterpleader 2 Rich. 2. Enterpleader 13. If it be returned at several dayes then a day shall be given over at which day they shall Enterplead 33 Hen. 6. 25. pl. 8. But if two bear the same date then he that first comes and demands answer shall be answered 19 Hen. 6. 4. Lib. intra 213. A B. Sect. 1. Otherwise he that the Court assignes 19 Hen. 6. 4. Barre in Detinue 1. Of Chattels 2. Of Deeds Accord is a good Plea in Detinue of any goods personal Coke 9. part 78. B. Petoes case Barre that the goods were attached and delivered to him only the custom of the Citie Lib. intra 112. C. Sect. 5. A. lent sheep to a woman sole which took a Husband which commanded the owner to take them again who refused this is a good barre as to the baylment in Detinue 43 Edw. 3. 21. 10. A good barre that they were lent to deliver over of the which he had a deed Nat. br 138. M. A good plea by the Executor upon baylment to the Testator that he had delivered them to him that had the right 9 Hen. 6. 58. A. Detinue is no plea that the Plaintiff gave him the goods because he may wage his Law 22 Edw. 4. 29. pl. 10. Detinue upon Trover the Defendant pleads that he did distrain for Rent reserved upon a Lease a good barre 27 Hen. 8. 22. pl. 15. In Detinue of a Horse a good plea that he did estray and that he proclaimed him and offered the horse to the owner if he would pay for his meat No. Lib. intra 169. D. Sect. 2. A good barre to say the Horse was sick in Detinue at the time 21 Edw. 4. Detinue br 42. Non detinet a good barre Lib. intra 211. D. Sect. 1. 2. fol. 112. C. Sect. 4. 5. And this may be by the Country Lib. intr 211. D. Sect. 1. and 112. Sect. 4. C. Or by wager of Law 22 Edw. 4. 29. pl. 10. Lib. intra 112. C Sect. 5. 5 Edw. 3. 145. pl. 4. 27 Edw. 3. 83. pl. 6. 4 Edw. 3. 41. Although the baylment be by deed for the detinet is the substance 27 Hen. 8. 22. pl. 14. An Executor may wage his Law 11 Hen. 6. 40. pl. 25. 3 Hen. 6. 38. Martin Non detinet by the Law although the baylment be by others hands 8 Hen. 6. 10. pl. 26. 33 Hen. 6. 8. B. Moyle Executor pay a debt to the value of the goods and dyes this is a good barre in Detinue brought by the surviving Executor 3 Eliz. Dyer 187. pl. 6. The Defendant said that the Plaintiff pledged them for money which is not paid this is a good barre 34 Hen. 6. 42. pl. 13. Corne lent c. and it perisheth this is no barre Doct. stud 129. A. A horse used in other manner then was agreed no barre if he perish But if he be used in the same manner if he perish not in Default of the Owner to whom he was lent a good barre Doct. Stud. 129 A. No plea for a Carryer or Ferry man that he was robbed Coke 4. part 84. Southcots case 2 Hen. 7. 11. B. Townsend So if goods are delivered to keep Coke 4. part 83. B. But it is a good plea if they are taken to keep as my own Coke 4. part 83. Recovery in Travers a good barre in Detinue 20 Hen. 7. 58. B. Crooke The baylment is not traversable where he may wage his Law 8 Edw. 4. 3. pl. 7. No barre that the Horse was sold in a market overt unlesse it were tolled for according to the Statute 1 2 Phil. Mariae cap. 7. Detinue for Deeds as Heir Bastardy is a good plea 35 Hen. 6. 9. pl. 12. A. bayled to B. to rebayl and dyes having two sons which makes petition he which had the Land comprehended in the deed infeosses B. this is a good barre 17 Edw. 3. 12. pl. 45. Warranty and assets is no barre against the issue in Tayl in Detinue 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4. Rebaylment in another Countie a good barre because he cannot wage his Law 22 Hen. 6. 15. pl. 27. Release per the Plaintiff a good Barre Lib. intra 290. B. Sect. 1. Defendant pleads baylment by the Plaintiff upon condition that if his wife survive the Plaintiff that the Defendant should retain it and that his Wife is alive a good barre but then he ought to shew what lands they concern 18 Edw. 4. 18. Infancy is no plea because he may avoid an obligation in debt 14 Hen. 6. 11 pl. 41. A good barre that the Garnishee brought a Detinue against the Defendant and prayes Garnishment against the Plaintiff which makes default and he had judgement 34 Hen. 6. 47. pl. 13. 21 Hen. 6. 35. pl. 2. per Newton Garnishee pleads release between this action brought and the delivery quaere 20 Hen. 6. 28. pl. 23. 49 Edw. 3. 13. But the 39 Edw. 3. 13. adjudged that it is a good barre The judgement in Detinue 1. Of Chattels 2. Of Deeds 1. Quod praedictus W. recuperet versus praefat J. praedicta octo quarteria frumenti vel valorem eorundem No. Lib. intra 169. C. Sect. 1. Lib. intra 218. B. Sect. 4. dampna sua c. and upon the return of the Writ if it appears that W. did not deliver the corn then the judgement shall be for the value with damages and costs The Plaintiff shall have judgement to recover the thing named 17 Edw. 3. 45. 1
Dyer 271. pl. 26. 15 Eliz. Dyer 322. pl. 15. 41. Assiz 15. Coke 9. part 87. A. It lyes not against an executor upon a taylee ensealed by the Testator 12 Hen. 4. 23. 25 Edw. 3. 40. pl. 9. It lyes not upon a simple contract but if he plead in barr and it be found against him it shall com 182. A. 10 Hen. 6. 24. So in London by Custome 1 Edw. 4. 6. Lessee for years grants his Terme his executor shall not be charged for Rent due after his death Coke 3. part 24. A. Walkers case Debt for one retained according to the statute it lyes against the executor without specialty 2 Hen. 4. 14. 4 Hen. 6. 19. Goaler refusing one committed by the Colledge of Physitions forfeits double the Fine per Marleb 1. cap. 9. If a man Levy Ayd for the marring of his daughter and dyes if his executors have not sufficient Debt lyes against the heire Nat. br 83. A. per Westm 1. cap. 35. Nat. br 122. G. Debt lyes against an heire upon the obligation of his father if he hath assets and be bound Nat. br 120. C. et I. But if he alien the Assetts before the Action brought he shall not be charged Coke 5. part 60. A. Regist orig 140. A. 27 Edw. 3. 7. B. 10 Hen. 4. pl. 14. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 3. 32. pl. 22. Unlesse it be fraudulent to deceive creditors Coke 5. part 60. Gooches case And if they be heires in Gavill kind they shall all be charged 7 Eliz. 239. pl. 39. Dyer the count Lib. intra 208. D. 11 Edw. 3. debt 7. But if all alien but the eldest he shall be charged sole The count against an heire Lib. intra 172. B. sect 1. No. Lib. 126. B. The count needs not shew that he hath assets for it shall be intended unlesse the contrary be shewed 18 Eliz. Dyer 344. pl. 2. 11 Hen. 6. 2. pl. 6. But nothing by descent in fee-simple is a good bar by him Lib. intra 172. B. sect 1. the day of the purchase of the writ But debt lyes not against an heire upon a statute Marchant Staple or Recognizance because he is not bound Coke 3. part 15. A. Harberts case Goaler suffers an escape his heir shall not be charged 15 Eliz. Dyer 322. pl 25. Grandfather father and sonne or father and his two sonnes or Grandfathers two sonnes who have two sonnes the heire mediate shall be sued in debt as well as if they were immediate heirs 22 Eliz Dyer 368. pl. 14. 7 Eliz. Dyer 239. pl. 39. Right shall not be assetts Disseisee obliges him and his heirs and dyes this is not Assets for it is but a Right discened Pasch 6. Jac. com Ban. Molineux versus Molineux Right without an estate in possession Reversion or remainder is not Assets untill it be reduced into possession Coke 6. part 58. Bredimans cases Land in antient demeasue shall be assets 7 Hen. 4. 14. pl. 11. Coppyhold Land is not assets to the heire Coke 4. part 22. A. If an heir alien bona fide before the Action brought it shall not be assets Coke 5. part 60. A. Gooches case 27 Edw. 3. 78. pl. 16. 10 Hen. 7. 8. pl. 17. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 32 pl. 22. If Land descend to the heire although he enter not yet it is assets 42. Edw. 3. 10. pl. 12. The Grandfather makes a feoffement in Fee to the use of the heire of his body and dyes per 26 Hen. 8. the father enters and obliges him and his heirs and dyse quaere 182. Marie Dyer 111. pl. 46. Reversion expectant upon an estate Tayle is not assets because it lyes in the will of tenant in tayle to Dock and barr it at his pleasure Coke 6. part 58. B. Bredimans case et 42. A. Mildmays case Franktenement descendible express is not assets Coke 10. part 98. A. Seymors case Rent-seck descendable is not assets untill seisin Coke 6. part B. Bredimans case If the heire had not Assets in debt and afterwards assets come to his hands the first judgement is no barr of the action 19 Hen. 6. 37. A. Markham The profits of the heire at the time of the descent are sufficient and this shewed to the Court and the heire cannot deny it there shall be a general judgment against him per Dyer 18. Eliz. Dyer 344. pl. 1. The heir confesses the action and sayes that he had nothing but a Reversion descended to him there the Plaintiff shall have judgement to recover the said reversion to be levyed when he comes in possession and shall have a speciall writ of extent 23 Eliz. Dyer 373. pl. 14. If the father recover and error be brought against the sonne and a recovery against him he shall not render damages unlesse he hath assetts of other Land in Fee-simple If one be robbed he shall have debt against the Hundred per 27 Eliz. cap. 13. Debt lyes against a leessee at will for rent during the Term Coke 5. part 10. So against a lessee for years Nat br 120. H. And this during the term Coke 4. part Or after the term ended by effluction of time Coke 3. part 23. B. By limitation By condition in law In deed Common Law Nat. br 120. H. Statute Law ' 19 Hen. 6. 42. A. wast Nat. br 120. H. reentry Coke 3. part 23. B. Walkers case 30 Edw. 3. 7. 17 Edw. 3. 48. et fol. 73. pl. 107. It lyes not against tenant for life so long as his estate continues Coke 4. part 49. A. 11 Hen. 6. 14. pl. 4. But yet by the Statute 32 Hen. 8. cap. 37. the executors of a Lessor shal have debt during the est ate for life Coke 4. part Debt lyes not against the Master upon the buying of the servant unlesse it comes to his use or by his assent Doct. et Stud. 137. A. Debt lyes against an Ordinary when a man dyes intestate Nat. br 120. D. Coke 5. part 83. A. Snellings case et 9. part 39. B. 11 Hen. 7. 1 2. 9 Edw. 4. 33. Danby 18 Hen. 6. 23. com 277. 8 Eliz. Dyer 247. The Ordinary administers and then grants administration yet debt lyes against the Ordinary but it was sayd that such administration ought to be alledged in the Dioces of the ordinary 12 Rich. 2. Administrator 21. But note no Debt lyes against the ordinary after that he hath committed administration to another 8. Eliz. Dyer 247. pl. 73. Debt was brought against the father for the sons commons in a Colledg in Oxon although the father had delivered it to the Tutor of the sonne Pasch 9. Jac. Ban. Regis St. Johns in Oxford against Brickenden Debt lyes against him that becomes pledge without deed Nat. br 122. K. 18. Edw. 3. 13. pl. 7. Finchden A. borrowed of B. 20 l. to pay it at Michaelmas at which day D.
and could not speak Welsh it was demurred to Trin. 27 Eliz. Albany versus Episcopum S. Assaf These are not causes of Refusal That he hath another benefice with Cure 14 Hen. 7. 28. B. Hunter of Taverns and a player at unlawful Gamâ—s Coke 5. part 57. Specots case 9 Eliz. Dyer 254. Criminosus 34. Hen. 6. 39. A. These are good causes of Refusal Attainted 15 Hen. 5. 17. B. Keble Excommunicated per 40. days 115 Hen. 7. 7. B. Keble Infant not of the Age of 14. year Perkins 4. A. Joynt Tenant or Tenant in common not agreeing Nat. br 34. V. The same Law is if one present alone 14 Eliz. Dyer 340. pl. 54. Master of a Colledge presented by the Colledge 14 Hen. 8. 23. Utlawed 15 Hen. 7. 17. B. Keble A Corporation ought to present in writing 14 Hen. 8. 2. Body natural may present by word 14 Hen. 4. 22. The King may present by word 19 Edw. 3. Quare Impedit 60. No bar to say that the other Writ was abated if it were for form or false Latine Coke 7. part 27. B. Portmans case But that it abated because the Plaintiff was made Knight the Writ depending this is a good bar Coke 7. part 27. B. Portmans case The Plaintiff Counts of the presentment to the Advowson in Gross and grants it to him defendant pleads appendant he cannot travers that it was not in gross because by intendment there are several Advowsons Crook 19 Hen. 7. 51. pl. 1. Arbitrement a good bar Lib. intra 498. C. s 1. Confirmation or ratification by the King to the Incumbent a good Bar against the King 7 Hen. 4. 13. 14 Hen. 4. 25. 837. Lib. intra 531. Sect. 22. But this ought to be after Induction 11 Hen. 4. 9. If the King be deceived he may repeal this confirmation 31 Edw. 3. Quare Impedit 161. But then the repeal ought to be before Induction or Installation 25 Edw. 3. 47. If the King recover and confirm the Incumbent this is no bar to the next avoidance because his Judgement cannot be executed Nat. br 34. F. 10 Edw. 3. 389. pl. 32. 18 Edw. 3. 57. pl. 87. But if he Lease the Advowsons afterwards quaere who shall have them Where one brought a Quare Impedit and discontinued a good bar althought that it was purchased afterwards within the 6. moneths Coke 7. part 27. B. Portmans case Fine levyed by the Ancestor of the Plaintiff a good bar Lib. intra 532. C. Sect. 3. Warranty and assets a good bar against the Issue in Tayl 43 Edw. 3. 24. pl. 31. Did not Disturb a good bar Lib. Intra 503. C. Sect. 2. 22 Edw. 3. 17. pl. 71. This may be pleaded to the grand Distress 22 Edw. 3. 17. pl. 71. But 21 Hen. 6. 45. A. 2 Edw. 3. 32. pl. 7. that it is no bar because no title is made 14 Edw. 3. Judgement 158. But if it be a good plea yet after Issue joyned it is not because it is a delay and so a disturbance 3 Edw. 3. 50. pl. 6. 4 Edw. 3. 97. pl. 31. 17 Edw. 3. 71. But 18 Edw. 3. 149. pl. 15. fol. 359. B. è contra after title made this is no plea 5 Hen. 4. 20. Br. Quare Impedit 62. Against the King it is no bar because the party there ought to make a title 7 Hen. 4. 32. pl. 18. Non-suit after appearance in another Quare Impedit before is a good bar although the last be purchased within 6. months Coke 7. part 27. B. Portmans case 22 Hen. 6. 25. 27. And so if the former Writ were brought by the Plaintiff and another 5 E. 3. 157. pl. 10. No such Church in the same County no bar 8 Hen. 6. 37. pl. 69. 9 Hen. 6. 17. But 45 Edw. 3. 36. pl. 2. è Contra. Pardon of the King by alienation no bar if the Church be void before the pardon 27 Edw. 3. 38. Plenarty a good bar though the Patron had not notice of the Avoidance for this is to stop the Collation but not Presentation Pasch 39 Eliz. Com. Ban. Scriven against the Bishop of Lincoln Plenarty of a Frank Chappel is no bar for he shall be put to his Quare Impedit then it shall be presentative afterwards 22 Hen. 6. 25. B. The Church is full against a Common person by Institution 22 Hen. 6. 27. A. 14 H. 8. 2. Brudnel 12 Hen. 4. 38. And against the King by Induction 22 Hen. 6. 27. B. He that pleads plenarty ought to say that it is full of his own presentment for if the Defendant be disturbed he shall be punished and if he hath title he ought to shew it 3 Hen. 6. 20. Br. plenarty 6. 16 Edw. 4. 11. 8 Edw. 3. Statham He shall plead that he was in per 6. moneths of his presentment before the purchase But if it be of a presentment of his predecessor of the Plaintiff yet it is good 8 Edw. 3. presentment 5. The 6. moneths shall be accounted according to the Kalender Coke 6. part 61 62. Catesbyes case Who shall plead plenarty and who not Incumbent pleads plenarty of him ex praesentatione B. Coke 6. part 48. B. 22 Hen. 6. 14. pl. 22. New Lib. intra 265. A. absque hoc that it was void for the Incumbent is not able to plead it per 25. Edw. 3. cap. 7. But 16 Edw. 4. 11. pl. 6. Com. 501. A. Manwood e contra Because he that pleads this ought to say that the Incumbent is in of his own presentation 2 Richar. 2. Incumbent 4. Belknap 46 Edw. 3. 19. 18 Edw. 3. Quare Impedit 48. But per 4 Edw. 4. 13. The Incumbent pleads that the Plaintiff or his Predecessor presented him Parson imparsonee cannot plead plenarty because that he cannot say that he is in per six Moneths of his own presentment 38 Hen. 6. 20. B. 33 Hen. 6. 12. pl. 27. Com. 501. A. Manwood 39 Hen. 6. 20. 46. Assize pl. 4. Estranger or he that claims nothing in the Patronage cannot plead Plenarty 7 Hen. 4. 34. per Fitz James Against whom Plenarty is no plea. Against the Lord that enters for Mortmain it is no Plea because the Lord hath liberty to enter at any time within the year 21 Edw. 3. 27. pl. 25. 29 Edw. 3. 10. pl. 31. Thorpe 47 Edw. 3. 11. pl. 8. But after the year it is a good plea 25 Edward 3. 34. 26 Edw. 3. Quare Impedit 163. Quaere if it be good against the Lord by Escheat 13 Hen. 8. 14. Brudnel It is no plea against the King 35 Hen. 6. 26. A. 1 Edw. 3. 17. pl. 9. 8 Edw. 3. 304. pl. 55. 43 Edw. 3. 14. pl. 8. But against the Queen it seems to be good 18 Edw. 3. 13. pl. 9. 44 Edw. 3. Br. Plenarty 4. A good bar to say that the Plaintiff presented his Clerk and was inducted before the Writ purchased 12 Hen.
4. 11. pl. 21. vide Crooke 12 Hen. 7. 20. pl. 6. Recovery in another Quare Impedit no Bar against the King for he may make another title Nat. br 35. P. Recovery by the Plaintiff against another in a Quare impedit no bar Recovery by a Stranger in another Quare Impedit no bar Crooke 18 Hen. 7. 49. pl. 4. That the Plaintiff is a Recusant Convict a good bar for the Presentment is given to the University per 3. Jac. Release of Actions Personals a good Bar 22 Hen. 6. 25 vel 27. Littleton fol. 116. A. 30 Hen. 6. Bar 59. So of actions real Littleton 116. A. 9 Hen. 6. 57. Martin Presentment alleadged in the Ancestry of the Plaintiff is a good bar to plead a Release and Quit claim of the Ancestry pro fine 8 Ed. 2. Quare Impedit 166. More Plaintiffs in a Quare Impedit the Release of one is no bar but for him only that released Coke 5. part 97. B. Northumberlands case 30 Hen. 6. Bar 59. Fortescue Judgement in a Quare Impedit 1. When he shall have Judgement 2. Of what things he shall have Judgement Upon Default after appearance the Plaintiff shall have Judgement and damages 2 Hen. 4. 1. pl. 3. Nat. br 38. S. But upon Default after continuance Distress shall issue out only 6 Rich. 2. Upon Default at the Grand Distress the Plaintiff shall have Judgement Lib. intra 507. A. Sect. 1 2 3. Quare Impedit against two one makes Default the Plaintiff shall have Judgement against him that makes default Nat. br 39. B. Quare Impedit aganist three one makes Default and it is found against the Plaintiff for the others they make title and it seems they shall have a Writ to the Bishop 31 Hen. 6. 15. pl. 5. Defendant makes title by himself and others makes default the Judgement shall be to have a Writ to the Bishop but this is not before the Plaintiff have Counted Nat. br 38. J. 10 Hen. 6. 4. pl. 13. Upon the Non-suit the Defendat shall have a Writ to the Bishop but not before title made Nat. br 38. K. 2 Hen. 5. 6. pl. 28. 19 Edw. 4. 9. pl. 10. 6 Edw. 3. 23. Collusion 5. 14 Hen. 4. 11. Unless the Non-suit be after Bar pleaded 33 Hen. 6. 1. pl. 2. fol. 55. pl. 48. Three sue a Quare Impedit and two are Non-suited and one of the Plaintiffs was also one of the Defendants therefore he cannot make title ideo quaere if they shall not have a Writ to the Bishop without title made 11 Hen. 6. 8. pl. 13. A. sued divers Writs against B. of the same Church and is non-suited in all except one the Defendant shall not have a Writ to the Bishop until that be determined Nat. br 38. R. The Defendant makes title to himself and another the Plaintiff is non-suited the Defendant shall have a Writ to the Bishop only 13 Edw. 3. br Episc 25. The Shrieve returns a tardè c. the Plaintiff makes default he shall be non-suited but the Defendant shall not have a Writ to the Bishop because the Writ was not served 2 Hen. 5. 3. pl. 14. Nat. br 38. O. 2 Hen. 5. 6. If an Infant be non-suited the Defendant shall have a Writ to the Bishop 2 Mariae Dyer 104. pl. 13. A brought a Quare Impedit against B. C. D. and is non-suited B. dyes C. D. shall not have execution alone 11 Edw. 3. br Episcopo 55. If one of the Coparceners be non-suited yet the other may fine and the Defendant shall not have a writ to the Bishop upon this non-suit 38 Edw. 3. 35. br Episc 126. The Plaintiff discontinued his suit the Defendant shall have Judgement to have a Writ to the Bishop Coke 7. part 27. B. A. brought a Quare Impedit against B. and sued a Ne admittas and then they compounded to present by turne there shall be a specicial writ out of the Chancery to the Bishop to admit the Clerk that ought first to be admitted Quare Impedit the Defendant disclaims in the Advowson the Plaintiff shall have Judgement and a Writ to the Bishop 6 Edw. 3. 7. Error 78. Where a writ abates for forme or false Latine there shall not be Judgment for the Defendant to have a Writ to the Bishop Nat. br 38. H. 14 Hen. 4. 11. 13 Hen. 4. 7. The Defendent makes default the Incumbent abates the Writ by Plea the Defendent shall not have a Writ to the Bishop because he made default Nat. br 38. H. If the Plaintiff being a Prebend be made a Bishop in Dublin this shall abate the writ per Wilby 24 Edw. 3. 26. pl. 21. The Writ abates for Misnosmer or non-sufficiency the Defendant shall not have a writ to the Bishop Nat. br 38. M. 31 Hen. 6. 15. If a Quare Impedit is brought in Com. M. and the Count of the Church in Com. O. the Writ shall abate but the Defendant shall not have a Writ to the Bishop 21 Rich. 2. 29. It was found by verdict that the Metropolitan collated where the Ordinary ought and when the yeer is passed the Plaintiff shall have a writ to the Bishop Nat. br 38. P. In a Quare Impedit between A. and B. if the title appear for the King Judgement shall be given for him Nat. br 38. E. The writ to the Bishop to whom it shall be directed If a man recover against another as well as the Bishop he ought to have a Writ to the Bishop of the Diocess Nat. br 38. C. If the Writ be against the Bishop although he claim but as Ordinary yet the Plaintiff shall have a Writ to the Bishop 8 Hen. 4. 22. Lib. intra 521 If a man recover against the Bishop he shall have a Writ to the Bishop or Metropolitan Nat. br 38. B. Q. 18 Eliz. Dyer 353. pl. 30. 38 Edw. 3. 12. B. If it be once to the Metropolitan he shall never have it to an inferiour Bishop afterwards ibidem Or to the Vicar general if the Bishop be out of the Realm Nat. br 38. Q. Or to the Gardein of the Spiritualities of the Arch-bishop 7 Hen. 4. 36. If there be no Bishop of the Diocess then to the Metropolitan if no Metropolitan then to the Gardein of the Spiritualities but if before the execution the Bishop be made quaere if the power of the Gardein be not determined 18 Eliz. Dyer 350. pl. 19. If it be against the Arch-bishop of York the Writ shall be to the Metropolitan 15 Eliz. Dyer 328. pl. 7. The King recovers a Prebendary or Subdeconry or dignity against the Bishop and gives it by Letters Pattents to A. yet A. shall have a Writ to the Bishop And if he dye before induction and the King grants this to B. he shall have a Writ out of the Chancery and a Writ to the Bishop Nat. br 38. D. The King recovers a Prebendary and
intitles himself by Lapse the Patron and Incumbent confess the Action the Plaintiff shall have double damages against the Patron and Incumbent 34 Hen. 6. 41. 34 Hen. 6. 39. Quare Impedit against the Patron and Incumbent they traverse the title the 6 months pass the Plaintiff shall have double damages against both 46 Edw. 3. 15. pl. 5. Two Writs to the Bishop The Defendant in a Quare Impedit brought a Darrein presentment against the Plaintiff the Plaintif is nonsuited in the Quare Impedit the Defend recovers in the Darrein presentment the Defendant shall have judgement to have two Writs to the Bishop but shall not have damages twice Nat. br 39. D. In what Court and what Judges have power to award a Writ to the Bishop Justices of Nisi prius have power per Westm 2. cap. 30. 40. 14 Edw. 3. cap. 16. 9 Eliz. Dyer 260. pl. 21. 6 Edw. 6. 76. pl. 34. The Lords in Wales have not power 36 Hen. 6. B. Fortescue 35 Hen. 6. 30. pl. 35. 3 Edw. 3. 63. pl. 35. 8 Edw. 3. 319. pl. 15. 24 Edw. 3. 33. pl. 26. Regist orig 31. A. Lord in antient Demeasn hath no power to award a writ to the Bishop 7 Hen. 6. 35. The Five Ports cannot award a writ to the Bishop 21 Hen. 7. 88. pl. 7. Crooke Ne Admittas What Person shall have it The Plaintiff in a Quare Impedit or Darrein presentment shall have it Nat. br 37. F. So the Defendant shall have it Nat. br 37. H. In what Cases it lyes When a Quare Impedit or Darrein presentment is depending and the Plaintiff or Defendant supposeth that the Bishop will admit the Clerk of the other then a Ne admittas lyes Nat. br 37. F. Regist orig 31. A. 21 Hen. 44. Newton Vet. Nat. br 24. B. If one of the Writs be not depending then it lyes not Nat. br 37. H. For if the right of Advowson is depending it lyes not because the presentation is not recovered in it Nat. br 48. Q. But note that this lies before any certificate made that a Quare Impedit or darrein presentment is depending Nat. br 37. H. Yet the party grieved shall have a Writ to the chief Justice to certifie if any writ be depending and if he certifie none then a Supersedeas shall be awarded Nat. br 37. H. Note that this Writ does not hinder the Ordinary but that he may present by Lapse unless he be party Nat. br 48. L. Vet. Nat. br 24. 25. Within what time this ought to be brought Locum habet infra tempus semestre non postea quia Dioceanus illam conferat per Lapsum temporis ad sex menses quia Dioceanis illud specialiter est inductum Regist orig 37. F. Yet for the King it alwayes keeps place Regist orig 31. A. Nat. br 37. F. G. vide Br. The Writ The Writ shall be allonâ— although the Bishop be party tamen olim fuit ne conferatis alicui Ecclesia de N. quae vacat Regist orig 31. A B. Nat. 38. A. The Process Is Prohibition Attachment and Distress Nat br 24. 25. Quare non admisit Out of what Court this issueth It issueth out of the Com. Ban. because it issueth out of the Rolls Regist Orig. 32. A. Vet. Nat. br 25. B. 12 Edw. 3. Quare non admisit 6. For this is a Judicial Writ Vet. Nat. br 25. B. Regist orig 32. A. 12 Edw. 3. Quare non admisit 6. per Nat. br 47. C. This may issue out of the Chancery in the Term also If the King recover in Com. Ban. in Quare Impedit he may have this Writ in Ban. Regis Nat. br 47. D. What Person shall have it Every one that recovers if the Bishop will not admit his Clerk shall have it Nat. br 47. C. Vet. Nat. br 25. B. Against whom it lyes It shall â—e brought against the Bishop although the Vicar general made the refusal Vet. Nat. br 26. A. Nat. br 47. J. 13 Edw. 36. Quare non admisit 4. It was brought against the Gardein of the spiritualities upon refusal of the Bishop which is dead Vet. Nat. br 26. A. Nat. br 47. J. But it was denyed against the Arch-bishops Gardein of the spiritualities And yet Quaere per 17 Edw. 3. 27. pl. 9. if the Metropolitan of Common right be not Gardein of the spiritualities It was maintained against the official of the Bishop Nat. br 47. N. In what Cases this lyes When a man recovers his presentation and will not admit his Clerk the party shall have this Writ Vet. Nat. br 25. B. Nat. br 47. C. And this is although the Bishop returne cause 9 Dyerâ—60 â—60 pl. 21. Coke 6. part 52. A. Boswels case But if the Record be removed it lyes not till Judgement be affirmed Nat. br 47. E. The Bishop refuses and afterward admits him yet the party it seems shall have this Writ Nat. br 47. L. The Writ 1. It ought to rehearse the recovery in the Quare Impedit Nat. br 47 C. 2. It ought to be brought in the County where the refusal was because he shall recover nothing but damages Vet. Nat. 25. B. Nat. 47. F. Coke 7. part 3. A Bulwers case 38 Hen. 6. 14. 15. 39 Edw. 3. 2. pl. 5. 29 Hen. 8. Dyer 40. pl. 69. The Count. The writ was against the Bishop and counted although the Vicar general refused and yet good 13 Edw. 3. Quare non admisit 4. Vet. Nat. br 26. A. The King counted not upon what original or what title he recovered and yet good 20 Edw. 3. Quare non admisit 10. The Bar. That he admitted him and made Letters to the Arch-Deacon to induct him a good barre 38 Hen. 6. 14. Nat. br 47. H. The Bishop collates by Lapse a good barre Nat. br 47. M. Or that it was litigious by the presentment of a stranger 9 Edw. 3. Quare non admisit 12. 34 Hen. 6. Quare Impedit 89. 34 Hen. 6. 41. pl. 10. But A. and B. contend by which the Bishop Collates by Lapse and after the King recovers in a Quare Impedit this is no bar in a Quare non Admisit brought by the King 23 Edw. 3. 22. Quare non admisit 11. Excommunication cannot be pleaded in the Plaintiff because the Writ supposeth a contempt that the Plaintiff hath presented his Clerk in the Writ named after Judgement But a good plea that the Incumbent did not make request after Judgement 21 Hen. 7. 71. pl. 14. Crook No such Record a good Plea Coke 8. part Dreuries Case A good Bar that the Church was full before the Recovery of one not named in the Recovery Nat. 47. K. The Bishop returned that it is seised into the hands of the King by reason of Ward and so full of the Kings presentment this is good 9 Eliz. Dyer 260. pl. 21. tamen Coke 6. part 52. A. Boswels case è contra The Judgement The Judgement is
cap. 2. is but upon a non-suit in second Deliverance 2 Hen. 4. 23. pl. 9. Lib. intra 571. A. sect 4 5. Upon a Non-suit in Repleg it shall not be 24 Ed. 3. 33. pl. 22. if it be not after verdict 14 Hen. 7. 6. pl. 14. The Plaintiff non-suted in a Replevin and after in a second deliverance there shall be return irreplevisable before Avowry but quaere if he shall have dammages before Avowry 10 Eliz. Dyer 280. pl. 14. If the Plaintiff be non-suted when the Jury comes again and gives their verdict yet there shall not be a return irreplevisable 34 Henry 6. 5. pl. 14. 14 Henry 7. 6. pl. 14. The Plaintiff in Repleg makes default at the Nisi prius they shall not be replevyed because it is out of the Statute 3 Henry 6. 8. pl. 24. The Plaintiff in a Repleg is non-suted and returns a gard the King devises the pledges being warned come not quaere if the return shall be irreplevisable 1 Edw. 7. pl. 13. Or upon a Return awarded in second deliverance 2 Hen. 4. 23. pl. 9. Or upon a judgement against the Plaintiff upon a Demurrer 2 Hen. 4. 23. pl. 9. 14 Hen. 7. 6. pl. 14. 2 3 Mariae Dyer 118. pl. 77. Demurrer upon a plea to the writ and judgement for the Defendant they shall not be irreplevisable 34 Hen. 6. 37. B. Br. Repleg 6. Or upon issue tryed 2 Henry 4. 23. Pl. 9. The Defendant in a Repleg pleads to the writ and found by the Jury so there shall be a return irreplevisable the contrary upon a Demurrer upon a writ or concession 34 Henry 6. 37. B. Br. Repleg 6. If the Plaintiff upon a second Deliverance suffer the plea to be discontinued there it shall be irreplevisabe 17 Henry Br. second Deliverance Note that at this day dammages are given where the Plaintiff is non-suted or found against him or otherwise barred in Conusance Avowry or Justification for rents customs or services per 7 Henry 8. cap. 4. com 82. B. Crokers case 14 Mariae Dyer 141. pl. 46. 19 Hen. 8. 11. pl. 7. And for damage feasant p. 21 Hen. 8. cap. 19. 2 3 Mariae Dyer 118. pl. 77. 4 Mariae Dyer 141. pl. 46. But if it be for an Estray he shall not have dammages because the Statute extends not to it Pasc 34. Eliz. Ban. Regis Rott 292. But at Common the Avowant shall not recover damages 35 Hen. 6. pl. 12. If one return irreplevisable upon a Non-sute in second Deliverance it is doubted whether he shall have damages before Avowry 11 Eliz. Dyer 280. pl. 14. Trespass In what Court Trespass lyes IN the County Court but then it shall not say vi armis Nat. br 85. G. neither against the peace because the Shrieve cannot determine it Regist 92. A. Note Reg. orig 111. B. Trespass vi armis shall not be sued in any Court but the Kings or before his Justices if otherwaies a Supersedias shall be awarded Coke 8. p. 120. A. In the Marshalsey if the party be of the Houshold but then it shall say vi armis for battery or carrying away of Goods and no other Coke 10. part 72. A. For it shall not be Quare clausum fregit Coke 10. part 76. A. In Chancery for one privileged Regist orig 104. A. No. Lib. intra 678. B. sect 20. And there shall be an Alias c. Regist 104. A. In Com. Banc. or Banc. Regis Nat. br 86. G. If Trespass be in the Court of the King where the reality shall come in debate Antient Demean is a good plea Coke 5. part 105. as trespass for Trees where the Defendant claims Franktenement 6 Henry 4. 1. pl. 6. otherwise it is no plea 46 Edw. 3. 1. pl. 2. In Trespass for a Pigeon-House with Pigeons TRESPAS  Quid.  Corporate Castle     Quotnplex  House       Mill.     1. Court  Columbary     2. Plaintiff  Toft     3. Defendant  Gardein     4. Thing  Land     5. Writ  Meadow     6. Process Inheritance Pasture     7. New Assignement Wood.     8. Barre Parke     9. Judgement Forrest     10. Execution Chase      Pond      Tythes      Trees     Common Law upon the doing of wrong to Incorporate Village     Way     Common     Fishing     Warren     Game of Swans    Tolle      Wayfe      Stray Realls Sonne    Bona felonum Daughter    Fair or Market Neece    Frank-foldage Ward  Trespass is either by  Returna Brevium Woman    Chattels Servant    Prentice    Tenants    Prisoner    Captive     Living Abducta    Capta fugata    Capta fugata imparcata    Capta interfecta   Personal Districta   Fugata   Imparcata   Interfecta   Percussa   Tonsa   Dead Arrestata   Capta arrestata Body Menace  Capta asportata Siege  Combusta Assault  Consumpta Battery  Depasta Wounding Fine Districta Imprisonment Acquittance Extracta   Statute Extracta asportata  Imprisonment till they make Obligation Falcata asportata    Finde Pledges Fracta    Release Impedita    Oath Submersa   Against a Goaler for putting Irons upon one  Succisa asportata Statute Law Marlebridge cap. 2. For distrayning to come to his Leet  Cap. 4. Averia ad loca incognita fugata de com in com Westm 1. cap. 16. 1 2 Mar. cap. 12. excessive distress Cap. 5. Distress extra foedum Westm 1. cap. 16.   In via Regia      Im. com strato      Cap. 28. For a Successor of a thing taken in the time of his Predecessor Westm 1. cap. 17. Distress by a Bayly not sworn   21 Edw. 1. De malefactoribus in parcis vivariis c.   4 Edw. 3. cap. 6. For Executors De bonis asportatis in vita Testatoris  5 Rich. 2. cap. 7. Entrie ubi non datur per Legem    8 Hen. 6. cap. 9. Forcible entry     1 2 Mariae For severing a Distress taken at one time   it is no plea 47 Edw. 3. 22. pl. 54. So in Trespass upon the 5
Inmate High Wayes Excessive 1. Bar. Grain 2. Justification Quoruplex Administrator Husband and Wife He to whose use Commoner Executor Woman Gardein in Soccage Parson King Tenant at will Tenant at sufferance 1. Amerciament Corrody Damage fesant Forfeiture Herriot Relief Rent Services Ancestor Feoffer Predecessor Ancestor Disseisor Infant Feoffor of the tenant Joynt-tenant Resyants Tenant Avowry Superior Inferior Annuall Antient seisin Amends Common Disclaymer Grant by Tenant in tayl Out of his fee. Note Injuria sua propria Ought to inclose and did not Coparcener Nothing in arreare Release Seisin Not seised Not seised within â—0 years Seisin avoided in avowry Tenure Tender Retorno habendo Nul Returno habendo Return irreplevivisable 1. At Common-law 2. At the Statute-law County Court Note Marshalsey Chancery Com. Ban. Regis Antient Demean Note Administrator Executer Administrator Alien Husband and wife Nota. Chaplain of A. Chapel Commoner He that hath not the soyl He to whose use Copyholder Disseisee Executor Goaler Church-wardens Heir Ravishment Grantee Heir Lessor Lessee Master Ordinary Parson Protected person Possessor Note King Queen Recusant Bishop Master of an Hospital Tenant at will Copyholder Tenant in common Tenant for anothers life Tenant at sufferance Outlawed Administrator Agreement Alien Attainted person Attorney Husband and wife Commandâ—r Body politâ—ck Dean and Chapter Maior Communality Disseisor Infant Executor Gardian Ideot Judge Auditors Miller Queen Lord. Deaf and dumb Tenant at will Tenant by sufferance Tenant in Common Meer-stone Shrieve Outlaw Inheritance Note Castle Messuage Mill. Piggeon-house Lane Meadow Wood. Park Forrest Chase Pond Tythes Trees Inheritance Fishing Warren Swans Toll Wreck Waif Estray Fellons goods Fair or Market Frank-foldage Chattels Real Sonne Daughter Heir Woman Battery Imprisonment Servant Apprentice Prisoner Captive Chattels personals Living Boare Oxen. Mastiff Capons Conies Deer Hawks Fish Bull. Capta fugata Hogges Capta fugata imparcata Capta interfecta Districta Note Impercata Catalla Percussa Catalla Tonsa Catalla Chattels dead Arrestata Wooll Capta asportata Money Coles Plough horses Writings Hay Corn. Tymber Ship Obligation Will. Coat VVine Cloathâ— Thâ—rnâ— Shocks of wheat Upon Judgment in Court out of the Realm Ireland VVales Dodderidge De priucipalitate 〈◊〉 â—iae fol 18 I le of Man 2. VVithin the Realm in Court superior as Parliamenâ— Ban. Regis Com. Ban. Exchequer Inferiour Court Assises Oyer Terminer Conusance granted to a City or Village corporate Judgement Note Forest Stannarieâ— Custom London Note Cinque-ports Village Common right Marshalsey Pypowder Parties Conusor Corporation Disclaym Non-tenure Survivor Outlawed Conspiracy Infant Retraxit Reversion Heir Prey in Ayde Patron Garnishee Tenant Vouchee Heir general Heir special Executor Administrator Successor King Bishop Reversion Estranger Conusor Tenant King Ireland Bill sealed Process Errors assigned Against whom a Scire facias in error shall be sued Other County Terretenant Former Judgement Cardein in right False Judgement Feofment Scire facias in Fellony Delay Error in London Diminution Note Assign errors Conusor Executor Party R vertioner Successor Sci. fa. Demurrer Record New writ of Error False Judgement Error without a day Bill sealed Challenge Priviledg Conusanee Pattent Bill sealed Transcript Priviledg Claim Record removed Proclamations Award Account Trespass Formâ—don Trespass Quare impedit Partition Day Record Praecipe quod reddat Transcript Statute Merchant Antient Demean Ireland Fine Recovery Infancy Feme Covert Husband Note Note 1 Original 2 Form 3 Count. 4 Pleading 6 Warrant 7 Appeal What things are amendable after verdict â— Material varience 3 Misprion of the Visne 4 Shreives Return 5 Jury 6 Venire facias 7 Verdict 8 Action 9 Crown 10 Law Iudgement Concessum est pro 〈◊〉 eratum est Jurisdiction of Court In proces Iudge Visne Visne In Replevin In waste Trover Conversion Trespass Condition to pay mony Obligatition Eejectment Debt Feofment In nullo est erratum Release Seisure Assize Information upon intrusion Quare impedit Redisseisin Utlawry
20 p. to carry to Lombard to be exchanged and he brings a bill of exchange for the money without that that he was a Receiver for account render for by this he doeth not confesse the recits for Account-rendering 5 Hen. 5. 4. pl. 10. 28 Hen. 6. 9. pl. 1. 3 Hen. 6. 4. pl. 4. So if the plt deliver to one 20 p. to obtain a discharge under the great Seale of Customs 10. Hogsheads of wine the which he hath done this is good 30 Hen. 6. 5. pl. 4. Redelivery to the plt without accquittance not good 39 Edw. 3. 19. pl. 21. So if it be with an accquittanc 3 Edw. 3. 52. pl. 13. becuse by this he hath confessed the receipt for account-render But this is good before Auditors 29 Edw. 3. 35 pl. 1. The defendant pleads that he as messenger of the plaintiff received of C. being provost to the plaintiff and this payd and delivered to the plaintiff this is no barr because by the Receipt he is lyable to the account 6 Edw. 3. 185. pl. 7. 29. Edw. 3. 20. pl. 11. An account of a Receipt by the hands of B. 1. of May till the first of July it is no plea that B. is dead 3 of May because because he may receive this the 2 of May. 8 Hen. 6. 32. pl. 28. A. delivers 20 l. to B. to redeliver B. binds himself to pay this no barr in account 4 Edw. 3. 125. pl. 45. Defendant pleads the plantif being in his debt commands him to receive of B. so much to his owne use as will satisfie his debt which he doeth without that that he was his Receiver for account-render and good Lib. Intra 20. A. et B. sect 6. 5 Edw. 4. 29. B. Brian But if he confesse the receipt upon account and commands him afterwards to retaine the debt this is no barr 28 Hen. 6. 7. pl. 9. No plea that he was factor and was Robbed but a good plea before Auditors Coke 4. parte 84. A. 41 Edw. 3. 3. pl. 9. Vende and takes an obligation no barr 28 Hen. 8. Dyer 29. pl. 193. Upon Recipt by others hands a good plea that he was never Receiver by their hands 10 Edw. 4. 8. A. 7 Edw. 3. 259. pl. 13. 8 Edw. 3. 285. pl. 34. 7 Edw. 3. 242. pl. 1. 24 Edw. 3. 66. pl. 74. 25 Edw. 3. 39. pl. 24. But 5 Edw. 3. 159. pl. 22. this is not good but shall say generally that he never was his Receiver If one testifie his receipt by deed he cannot plead that he never was his receiver 10 Edw 3. 383. pl. 18. Defendant pleads that he is executor of B. and that he received the money as a debt of B. this not good because the Plantiff supposeth him his receiver but ought to say without that that he received it as the money of the Plaintiff 11 Hen. 4. 79. pl. 20. 13 Hen. 4. pl. 1. Note if the Receit be by the hands of the Plaintiff the Defendant may wage his law 7 Edw. 3. 269 pl. 52. So upon the delivery of the wife of the Plaintiff 13 Hen. 4. 8. 43 Edw. 3. 33. pl. 31. But upon a Receit by other hands he cannot 9 Eliz. Dyer 265. pl. 2. 22 Hen. 6. 39. pl. 10. 5 Edw. 3. 159. pl. 22. 33 Hen. 6. 8. B. Moyle because the Receit lyes in notice of the Country An Executor brought an account upon the delivery of the Testator the Defendant cannot wage his law 7 Edw. 3 269. pl. 52. Outlary of the Plaintiff after the Receit a good bar although he had a Charter of pardon 28 Edw. 3. 92. pl. 10. A good plea that after the Receit he married the daughter of the Plaintiff and it was then agreed that he should keep the money 12 Hen. 4. 18. A. So that he put the money in a bag and that he should keep it in liew of a debt 28 Hen. 8. 7. pl. 9. Delivery over by command of the Plaintiff a good plea 19 Hen. 6. 5. pl. 10. Lib. Intr. 20. A. Sect. 5. 42 Edw. 6. pl. 21. Re-delivery good without an acquittance because he cannot compell the Plaintiff to make an acquittance 29 Edw. 3. 35. pl. 1. 6 Edw. 3. 185. pl. 7. 29 Edw. 3. 20. pl. 11. but it seems it may be a good plea before Auditors Expences reasonable shall be allowed to a Factor 3 Edw. 3 56. pl. 30. A Factor pleads that he was robbed Coke 4. part 84. A. Southcots case 41 Edw. 3. 3. pl. 9. So for goods lost by Tempest 3 Edw. 3. 56. pl. 30. 41 Edw. 3. 3. Pl. 9. So for goods sold under value by reason of war 3 Edw. 3. 56. pl. 30. Defendant said he received money in full satisfaction of a debt of another c. this was held void because he did not name that he never was his Receiver the which was found before Hill 43 Eliz. Com. Ban. Rott 1707. Treshams case Vendee takes an obligation in the name of the Plaintiff a good plea 28 Hen. 8. Dyer 29 pl. 193. But then he ought to shew that the obligor was sufficient at that time 3 Edw. 3. 56. pl. 30. The judgement against a Receiver 1. of Account 2. to recover 1. The judgement is quod computet ideo in miserecordia quia prius inde non computavit Coke 11. part 38. A. Metcalfs case Lib. Intr. 19. D. sect 1. Quod computet for parcel and bar for the remainder Lib. Intr. 22. A. Sect. 2. But if he confess part and traverse the other no judgement shall be till the other be tryed 41 Edw. 3. Account 34. The judgement is Ideo consideratum quod praedictus W. recuperet versus praefat M. so much as is found in Arrerages dampna occasione implacitationis c. Coke 11. part 40. A. Metcalfs case The King is not held to account against any as Receiver but generally quod ille ad computum domino Regi reddend tenetur and against Executors quod tenebantur tempore mortis suae Coke 11. part 90. Devoushers case The Writ against a Receiver Rex c. pr. A. quod juste c. reddat B. rationabilem computum suum de tempore quo fuit Receptor denariorum ipsius B c. Regist orig 135. ibidem B. vide diversa brevia de computo versus Receptorem But there is another form of a Writ founded upon the Statute of Marlebridge Cap. 23. Nat. br 117. H. Regist orig 136. B. A good plea to the Writ that he was Bayly and not Receiver for otherwise he shall be twice charged 3 Edw. 3. 70. pl. 28. 18 Edw. 4. 3. pl. 17. A good plea to the Writ that he was Guardian in Soccage 18. Edw. 4. 3. pl. 17. The Writ shall be alwayes general and if the cause be special it shall be in the County Nat. br 118. F. The Defendant pleads the Receit by deed and demands judgement of
the Writ without shewing it this is no plea to the Writ because the Receit and not the dead is the cause of Action 1 Hen. 6. 8. 28 Hen. 8. Dyer 20. pl. 121. But the 9 Edw. 4. 50. B. per Choke contra 2 Hen. 6. 9. quaere No plea to the Writ if they do not agree with the Plaintiff concerning the manner of the Receit 4 Hen. 6. 12. pl. 4. The Process against a Receiver 1. before Appearance 2 after At the common law the Process was but a distress infinite Coke 3. part 12. A. Harberts case But per Marlebridg cap. 23. a Capias is given Coke 3. part 12. A. And by Westm 2. cap. 11. Process of Outlary is given Coke 3. part 12. A. 17 Edw. 3. process 203. 17 Edw. 3. 59. pl. 55. Shard 26 Ed. 3. 5. pl. 13. A Scire facias shall issue against Tenant per. Elegit to account 21 Edw. 3. 2. pl. 6. 5 Edw. 3 159. pl. 20. Regist Judicial 73. B. Old Nat. br 34. And if he come not upon summons returned Judgement shall be given against him 5 Edw. 3. 159. pl. 20. 21 Edw. 3. 1. Conusor of a Statute shall have a Scire facias against a Conusee de Account Coke 4. part 67. B. 47 Edw. 3. 11. Pl. 9. fol. 25. Pl. 63. So the Assignee of a Conusor 25 Edw. 3. 53. Pl. 17. But then he cannot surmise that it was appraised and found of base value 17 Edw. 3. 36. Pl. 6. If a Receiver come in by a Capias or Exigend he shall be forthwith committed to the Fleet 29 Edw. 35. Pl. 63. So if he come in by distress and the account be adjudged against him 29 Edw. 3. 35. Pl. 63. But if the account be adjudged against him and he be not present in Court a Capias ad computandum shall issue out 1 Edw. 3. 2. Pl. 10. 1 Hen. 7. 1. Pl. 1. Townsend Lib. Intr. 18. Sect. 1 2 3 Judgement given quod computet the Plaintiff dyes the Executors shall have a Scire facias which being served if he appear not an Exigend shall issue forth 14 Hen. 4. 1. But if the Defendant be taken per Capias ad computandum and dyes in prison a Scire facias lyes not against his Executors 10 Edw. 4. 7. 41. Assize Bar by a Receiver 1. to an Action of Account 2. before Auditors The Defendant pleads he bought the goods of the Plaintiff and he brought this Action for them a good Bar 14 Hen. 4. 19. Pl. 21. The Defendant pleads that it was agreed that he should be bound to the Plaintiff for the principal and use the which he did this is a good Bar 22 Hen. 6. 55. Pl. 32. for this drowns the contract otherwayes he ought to plead this before Auditors So if the Plaintiff grant that if the Defendant pay 20 l. will withdraw his Action a good Bar because by way of Accord 7 Edw. 3 325. Pl. 11. 18 Edw. 3. 39. Pl. 35. No plea that he put it in a bag and that the Plaintif agreed that he should keep it in liew of a debt because the Receit for account-render is confessed 28 Hen. 6. 7. Pl. 9. The Count was that he did account of such a Sum such a day and year and place before A. and B. Auditors assigned by the Plaintiff a good Bar Lib. Intra 19. D. Sect. 3. 25 Edw. 3. 39. Pl. 1. 2 Edw. 3. 45. Pl. 13. Count of divers sums received between such and such a day and pleads to parcel of the time that he hath fully accounted and to the Remainder that he was not his Receiver there he ought to shew of what he had accounted 30 Edw. 3. 1. Pl. 4. That he accounted to the Plaintiff from three moneths to three moneths a good Bar 39 Edw. 3. 5. Pl. 22. A good Bar that he did account 1º April but then he ought to say without that that he was his Reciever before or after 21 Edw. 4. 66. Pl. 47 7 Hen. 4. 14. Pl. 17. 45 Edw. 3. 14. Pl. 13. 34 Hen. 6. 44. Counts that he was Receiver for seven years it is no Bar that he accounted 1º Maii Anno 5º without answering for the two other years because he is to answer for the whole time as well for the increase as principal 7 Hen. 6. 5. Pl. 8. As to 20 s. received 1º Jun. fully accounted for and to the receit afterward or before that he never was Receiver 27 Hen. 6. 1. Pl. 8. A good Bar quod 21. Jannarii Anno c. to D. in the County of W. he fully accounted with the Plaintiff Lib. Intr. 20. B. Sect. 8 9 10. 11. Before the Writ he did account with the Plaintiff a good Bar 4 Hen. 6. 43. pl. 4. But he ought to account to the Plaintiff before he is imprisoned or else no Bar 22 Edw. 3. 3. pl. 32. 7 Hen. 4. 14. 34 Hen. 6. 44. pl. 4. For the Plaintiff cannot commit him to prison for Westm 2. cap. 11. gives this only to Auditors 45 Edw. 3. 14. pl. 13. Account brought by Executors a good Bar that they did account to the Testator and shew his acquittances 1 Edw. 3. 2. pl. 10. Defendant pleads award by Arbitrators that he redeliver the goods this is nought but if he had been charged only with the safety of them then good 2 Hen. 5. 2. pl. 6. Account upon a Receit by other hands Arbitrament is a good Bar 22 Hen. 6. 39. pl. 10. Execution against a Receiver 1. per Common Law 2. per Statute Law 1. By the Common Law it was but a Levari facias or Fieri facias Coke 3. part 12. A. Harberts case And this only within the year for if the year was past then an Action of debt Unlesse the Processe be continued 33 Hen. 6. 49. pl. 33. 2. Per Westm 2. cap. 45. a Scire facias is giv en after the year Coke 3. part 12. A. Per Marlebridge cap. 23. Westm 2 cap. 11. a Capias was given in Process and by consequence a Capias ad satisfaciendum in execution Coke 3. part 12. A. Lib. Intra 18. C. Sect. 1 2 3. Per Westm 2. cap. 11. if the Accountant before Auditors be found in Arrereages he shall be committed by them to the next Goale in execution the same law is if he will not account before Auditors 10 Edw. 3. 387. pl. 28. But this shall be forthwith Coke 8. part 119. B. Bonhams case 27 Hen. 6. 8. Com. 17. But if he account before the Plaintiff he cannot commit him to prison for the Statute saith before Auditors 45 Edw. 3. 14. pl. But the Accountant to the King shall be imprisoned and his goods and lands in execution per the Common law Coke 3. part 12. B. 5 Eliz Dyer 224. Com. 32. Ex parte talis Per Westm 2. cap. 11. If Auditors be assigned by the party which will not allow reasonable charges to the Receiver or charge him with a thing he never received
Original shall be removed 18 Edwrad the 3. d 24. And if it be of antient Demean the Origishall be removed 34 Assize 7. But Error upon a judgement in Ireland the Original shall not be removed 74 Assize 7. 37 Assize 15. Finchden Eror lyes not upon a Fine or Common recovery for false Latine rasure interlyning misentry of the warrant of Attorney proclamation mis-returned or not return of the Shrieve or default of form in words 23 Eliz. cap. 3. And by the 27 Eliz. cap. 9. this extends to Fines in Wales and Recoveries But before the Kings Silver be entred it is Error No. Lib. intra 231. A. sect 2. A Writ of Covenant returned before the Teste this shall be amended Coke 5. part 45. B. Gages case The Caption before the Teste of the Dedimus no error No. Lib. intra 255. C. sect 11. Pasc 1. Jacobi Regis Rot. 426. Countess of Bedford against Foster 1. Error assigned because the Writ of Covenant was of 8 Messuages and 2 Tofts the Fine certified is of 8 Messuages 2 Messuages but non allocatur because the Record hath relation to the Writ of Covenant 2. Error assigned because the indorsement was Executio istius brevis patet in quadam panella c. where it should be in quadam scedula sed non allocatur because in substance it is the same Mich. 30 Eliz. Ban. Regis Austein Steede versus Conaway Webbe a Fine was levyed of two Tenements and void because a precipe lyes not of it this case is entred Hill 30 Eliz. Rot. 165. Infancy good Error in a Fine Nat. br 21. D. 3 Hen. 6. 16. B. 2 Rich. 3. 1. 17 Edw. 3. 53. pl. 33. 27 Assise pl. 53. But if he come to full age it is not for then he is not in the same condition as he was when he levyed the Fine 17 Edw. 3. 53. pl. 33. Greene 17. Assize pl. 17. And although the other eject the protection yet if the Infant be inspected when he comes to full age he shall have the benefit of his nonage 22 Edw. 3. 6. pl. 24. 21 Assize pl. 10. Feme Covert as Feme sole levyes a Fine this shall bind all but the Husband Coke 7. part 8. Bedfords case 17 Edw. 3. 52. 78. 7 Hen. 4. 23. But if the Husband enters and dyes the Fine is void without more Coke 7. part 8. Bedfords case 7 Hen. 4. 2. 23. But if living the former Husband and she take a second and they levy a Fine this is utterly void because the second mariage is so 7 Hen. 4. 24. B. Gascoign 9 Hen. 6. 34. B. pl 3. Note when a thing is a mendible before the Writ of Error brought it is amendible as well after and this by a Superiour Court as well as an Inferiour Coke 8. part 162. A. Blackamores case Note that those things that are not amendible are Errors at this day When Judgement is given but not upon verdict of 12. upon Issue joyned there are seven Errors not amendible Coke 8. part 162. A. Blackamores case Fault of the Original No. Lib. intra 246. D. Misprison of the form of the Original false Latine or variance from the Register Material variance between the Original and the Count as C. W. in the Writ and W. W. in the Count Coke 5. part 37. Bishops case Jeofayl fault of Collour insufficient pleading or some default of the person or of his Counsell Error or misprision of the Judges in another Term Misericordia pro Capiatur è contra Coke 8. part 59. A. 41 Eliz. Dyer 315. pl. 99. Fault of warrant of Attorney Error in pleas of the Crown and Appeals or in proceedings upon them they are not amendable for they are excepted out of the Statute of Amendments and also Error in the Exigent to make one to be outlawed Coke 8. part 162. A. Blackamores case When judgement is given upon verdict of twelve upon issue joyned there are twelve misprisions not to be remedyed Coke 8. part 163. Blackamores case Material variance between the Original and the Count Coke 5. part 37 Bishops case The Original is Barbara and the Count is Barbaria this is erroneous Mich. 9. Jac. Ban. Regis Harrison Fettiplace Waste brought in Burrum Appleby and Flackebridge and the Account is of waste made in Burrum Appleby Flackbridge Park in Langton and it is variance because there is more in the Count then in the Writ Hill 12 Jac. Com. ban Countess of Cumberlands case When the Original of the Count differs in the substance Coke 5. part 45. Husband and Wife brought debt or an Action for rent due to them where it was due to the Wife before Coverture this is ayded by the Statute and good after Verdict Trin. 9 Jac. Ban. Regis Poore versus Boule Hill 36 Eliz. Ban. Regis Rot. 610. Griffin versus Elliot Ejectione firmae fault vi armis yet this is but a form and shall not stay judgement after Verdict and then it was also said that these words are not material for it may be without them 7 Hen. 6. 4. 17 Edward 3. 1. When the Venue is mistaken The issue was that within the Mannor of Wargrave and it was of the mannor of Wafield demiseable by Copy of Court Roll c. the Venue was of the Mannor of Wargrave and good because the issue was upon the Custome within the Mannor of Wargrave Coke 11. part 18. A. Nevils case but if one Mannor was in one County and another in another then otherwayes Mich. 11. Ia◠Ban. Regis in the same case 1. Trin. 11 Iac. Ban. Regis Morton versus Orde resolved in Error 1. Infancy during Non-age shall be tryed by the Justices Coke 9. part 30. 17 Edw. 2. Account 122. 46 Ed. 3. 8. 48 Edw. 3. 11. 14 Hen. 4. 2. If it be doubtfull to the Justices the Infant and the Witnesses shall be examined 25 Edw. 3. 42. 50 Edw. 3. 5. 3. If he be of full age in Actions reals it shall be tryed where the Land lyes 21 Edw. 3. 28. 38 Edw. 3. 17. 44 Assise 10. 46 Edward 3. 7. 13 Hen. 4. 3. 19 Hen. 6. 51. 4. If it be an Action personal as Ejectione firmae it shall be tryed where the Action is brought 21 Edw 3. 7. 3 Hen. 6. 40. 34 Hen. 6. 50. and so it was adjudged When the Return is by the Shrieve where it ought to be by the Commoners or e converso When the Shrieve puts not his name to the Return of the Jury When there is no return indorsed upon the Venire facias so if the name of the Shrieve be not put to the Writ of Inquiry Dammages Mich. 9 Jac. in the Chequer Chamber Shackly versus Porter When one gives the Verdict that was not returned in the Venire facias When it appears by all the Record that the Plaintiff had no cause of Action