of deeds 142 Count in Detinue 1 of Chaâ—â—â—ls 2 of deeds 144 The Writ in Detinue 1 of Chattells 2 of Deeds 147 Tre Process in Detinue 1 before appearance 2 after 148 The Garnishment in Detinue 1 of Chatels 2 of deeds 149 Enterpleader in Detinue 1 of Chatels 2 of deeds 150 Bar in Detinue 1 of Chattels 2 of deeds 151 The Judgment in Detinue 1. of Chattels 2. of deeds 155 Execution in Detinue 1. of the Defendant 2 against the Garnishee 3. of what Lands 4. of what Goods 156 DEBT DEbt in what Court it lyes 159 Who shall have Debt 160 Against whom Debt lyes 169 For what things Debt lyes 180 Judgment in Debt 188 The Writ in Debt 1. in the County 2. in Com. Ban. 193 The Process in Debt 1. before appearance 2. after 198 The Bar in Debt ib. The Judgment in Debt 217 Execution in Debt 220 EJECTMENT IN what Court it lyes 223 Who shall have an Ejectione Firmae 224 Against whom Ejectment lyes 226 Of what things an Ejectment lyes 227 The Count Generally 230 The Writ 231 The Proces 1. before appearance 2. after 232 The Bar. ib. The Judgment ib. QVARE IMPEDIT QVid 234 In what Court it lyes ib. Who shall have a Quare Impedit 235 Against whome a Quare Impedit lyes 253 Quare Impedit of what disturbance it lyes 254 Quare impedit of what things it lyes 255 The Count in Quare Impedit 256 The proces in Quare Impedit 1. before appearance 2. after 258 In a Quare Impedit 1. by the Ordinary 2. by others 260 Good causes of refusall in a Quare Impedit 262 These are not ib. These are likewise good causes of refusall 263 Who shall pléad plenarty and who not 266 Against whom plenarty was is no plea 267 Judgment in a Quare Impedit 1. when he shall have Judgment 2. of what things he shall have Judgment 268 The Writ to the Bishop to whom it shall be directed 271 Proces in the writ to the Bishop 273 Of what things a man shall have Judgment ib. A Writ to the Bishop and single damages 274 A Writ to the Bishop and double dammages 276 Single damages and no writ to the Bishop 277 Double damages and no writ to the Bishop ib. Two writs to the Bishop 278 In what court and what Judges have power to award a writ to the Bishop ib. NE ADMITTAS WHat person shall have it 279 In what cases it lyes ib. Within what time this ought to be brought 280 The Writ ib. The Proces ib. QVARE NON ADMISIT OVt of what court this Yssues ib. What person shall have it 281 Against whom it lyes ib. In what case it lyes ib. The Writ 282. The Count. ib. The Bar. ib. The Judgment 283 Quare Incumbravit IN what Court it shall be brought 283 What person shall have it 284 Against whom it lyes ib. In what cases this lyes not ib. The writ 285 The count 286 The Process ib. The bar ib. The judgement 287 Replevin IN what court it lyes ib. Who shall have a Replevin 288 Against whom a Replevin lyes 290 Of what things a Replevin lyes ib. The writ 292 The process 1. of a man replevyed 2. of chattels 293 Second Deliverance 295 In what case a man may distrain 296 Of what things a man may distrain 301 What person shall distrain 303 At what time a man may distrain 304 In what place a man may distrain 305 What distress shall be sold 307 What shall not be said to be a Distress excessive ib. 1. The Bar 2. Iustification 3. Conusance 4. Avowry 308 Who shall avow 310 For what things a man may avow 311 Seisin in avowry in whom it may be alledged 313 By what hands Seisin shall be alleadged 314 In what time Seisin ought to be alleadged 315 VVhen it is not requisite to alleadge Seisin ib. VVhat Seisin shall be good ib. Bar to an Advowry ib. Iudgement 323 Trespass IN what court Trespass lyes 328 VVho shall have Trespass 329 Against whom Trespass lyes 341 For what matters Trespass lyes viz. for the doing of wrong to the dammage of another 1. touching Inheritance 2. touching chattels 3. touching the body 349 Error IN what Court Error shall be redressed 361 VVho shall have a writ of Error 373 The Writ of Error 377 The Process in Error 1. upon a judgement in Ireland 2. upon a Billsealed 3. judgement in another Court 387. Diminution in Error 1. by whom 2. in what cases 3. at at what time 380 The assignments of Errors 1. by whom 2. at what time 3. upon what Record 4. of what things 382. Bar in Error 397 Iudgement in Error 1. for the Plaintiff 2. for the Defendant 3. for both 398 Execution in Error 401 ERRATA PAg. 14. l. 4. r Burgi sui p. 17. l. 4. quindecim p. 32. unque p. 55. l. ult r. cards p. 69. l. 16. r. perjury p. 229. r. Hoes p. 142. l. 25. r. Marcii p. 116. l. 23. r. conventione p. 154. r. partition p. 199. Denbawds l. 15. this may be by the Law p. 208. r. no bar in debt p. 231. l. 24. r. Ed. 4. p. 233. r. judgment upon demurrer p. 234. r. terminari l. eadem debent p. 240. l. 18. r. impersonee p. 246. l. 26. r. vested p. 250. r. so against a stranger that usurps in their turn p. 255. l. 12. r. Ecclesiae p. 262. l. 8. r. perjury p. 280. I. 9. r. Ecclesiam l. ult vacation p. 309. l. 14. r. two p. 310. l. 4. r. intestat p. 227. l. 14. r. law p. 331. l. 19. r deere p 332. l. penult r. not p. 339. l. ult r. trespass p. 340. r. they l ead r. their tenements p. 341. r. Administrator takes the Goods B. proves a will p. 345. l. penult r. Edw. 4. p. 249. l. 19. r. is impeached 374. l. 16. r. trespass p. 360. l. 3. jurat p. 361. l. 16. r. dead p. 374. prayer p. 380. l. 19. r. in such case p. 390. l. 12. r. br 10. p. 392. r. Coroners ACCOMPT  Common Law By act of Law Gardian in Soccage Next of Kin.     A Stranger Accompt is by Bayly of a Court or Hundred in Law in case of a subject of a Maâ—nor house c. in deed in case of the king By his own act   Receiver By other hands in law in case of a Subject By his own hands in deed in case of the King Statute Law Marlebridge cap. 17. Against a Gardein in Soccage Marlebridge cap. 23. Against a Bayly vagaâ—ant Westm 2. cap. 23. For Executors  2â— Edw. 3. cap. 5. For Executors of Executors 3. Edw. 3. cap. â—1 For Administrators  23. Hen 8 cap. 8. Collectors for repairing of Goalâ— shall accompt to Justices of peace 2. 3. Mariae cap. 8. Against Head-Constables or Church-wardens  43. Eliza. cap. 2. Overseers of the poor shall accompt to Justices of peace  1. Jacobi cap. 9. Against
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.
the debt was but upon a simple contract Com. 182. A. 10 Hen. 6. 24. Party shall not shew error in process unless he shews that it is for his advantage 7 Edw. 3. 25. Coke 8. part 59. A. Nat. br 21. F. But may afterwards shew that the Judgement is erronious Coke 8. part 59. A. Beechers case 14 Eliz. Dyer 315. pl. 99. Revertioner not being made a party shall not assigne for Error that the Shrieve made a warrant to the Bayly to make a pannel where the party was guildable 3 Henery 4. 6. The Successor shall assigne for error that his Predecessor was but named Gardein 15 Edw. 3. Error 7. Error shall be assigned before a Scire facias shall be awarded 24 Edw. 3. 31. pl. 8. For after a Scire facias awarded the Plaintiff cannot assigne error in deed 22 Edw. 4. 45. Judgement given upon a Demurrer in Law and Writ to enquire of dammages awarded a Writ of error was brought and he assigned errors 17 Edw. 3. 5. If the Record and the Writ of error do not agree error cannot be assigned upon the Record 9 Hen. 6. 4. 2 Eliz. Dyer 180. pl. 48. 28 Hen. 6. 11. If the Writ of error be faulty in substance errors shall not be assigned but shall have a new Writ Quâ—d coram nobis residet 3 Hen. 6. 3. 26. 5. Mariae Dyer 164. pl. 58. But if it be false Judgement then there must be a new Writ to the Suitors for it is not of Record 3 Hen. 6. 26. If error be put without a day there shall be a new Writ before that error be assigned 26 Hen. 6. Scire facias 33. Nat. br 20. G. Upon a Bill sealed a man shall assinge error per Westm 2. cap. 31. 11 Hen. 4. 52. 27 Hen. 8. 15. 25. Coke 9. part 13. B. Dowmans case 9 Assiz 8. 14 Hen. 4. 15. 4 Hen. 6. 15. A. Martin 33 Hen. 6. 34. Littleton pl. 9. 7 Hen. 6. 37. 10 Hen. 7. 8. And if the bill is refused to be sealed the party shall have a writ to compel them to seal it Regist orig 182. A. B. But by Hill Justice it is intended of a thing pleaded for otherwise it shall not be sealed Challenge in Assize was put in a bill sealed and good 9 Assize 8. 21 Edw. 4. 11. 20 Edw. 3. 63. Lib. intra 346. C. 27 Hen 8. 24. 25. Priviledg claimed and not allowed there may be a bill sealed 22 Edw. 4. Priviledg 1. Conusance claimed if the plea be challenged by one that is not party there cannot be a bill sealed 20 Edw. 3. Conusance 46. A Patent to three to take an Assize where two take it there may be a bill sealed and Error upon it 29 Assize 42. 11 Hen. 92. Assize the Tenant shews that the Shrieve was beyond sea and had a bill sealed of it 1. Although the bill did bear date after the Record removed yet it is good 2. Although the party did not bring it within the bill but the Justices yet good 3. The party shall have a Writ to the Justices commanding them to seal it 4. A Writ to the Justices ad cognoscenda sigilla 5. Two Justices seal it yet one may deliver it 6. The party brought a Scire facias ad cognoscend sigilla before the Justices come in Court yet good for after that they come the bill was of Record ab initio Upon a transcript of the note of a Fine error shall be assigned and if Error appears they shall send the note and reverse it 21 Ed. 3. 24. 16 Edw. 3. Record 35. 40 Assize pl. 29. For otherwise per chance the Fine may not be ingrossed 1 Mariae Dyer 89. pl. 4. Lib. intra 296. A. Sect. 1. Fines Nat. br 20. B. But note 5 Mariae Dyer Record 79. the Record shall be certified and no other proclamation shall be made But 1 Mariae Dyer 89. pl. 4. e contra Upon transcript in Parliament error is assigned for the chief Justice brought the Record and reported it in ban Regis 8 Hen. 5. Error 88. 28 Eliz. Dyer 375. pl. 19. 22 Edw. 3. 3. pl. 25. But in another Court it is otherwise 40 Assize 29. Nat. b. 20. F. Upon award by the Justices upon returne upon a Writ of Priviledge no writ of error lyes Coke 8 part 127. B. case of the city of London Upon allowance of claim by the Justices of the Forrest 21 Edw. 3. 48. pl. 70. Judgement in annuity and after in a Scire facias Error brought upon the former Judgement the Record shall be removed 11 Hen. 4. 4. Error upon a Fine and proclamations the proclamations shall be certified Com. 265. A. Fishes case Error shall not be awarded until the final Judgement be given Coke 11. part 40. A. Metcalfs case 7 Rich. 2. Error 68. Unless the Award be ad grave dampnum Coke 11. part 41. A. Metcalfs case As in Debt against many by several precipes and judgment against one he shall have error and the pleadings shall be several from the original and if error be in the original tenore tantum shall be certified Coke 11. part 41. A. Judgement in an Account quod computet error lyes not until the final Judgement Coke 11. part 38. B. 21 Edw. 3. 9. 1. Hen. 7. 2. B. When an action of Trespass is in part determined error lyes not until it be determined all 32 Hen. 6. 5. pl. 5. 36 Hen. 6. Coke 11. part 39. B. So in Afformedon 12 Eliz. Dyer 291. pl. 67. Coke 11. part 39. B. So in Trespass against two 34 Hen. 6. 41. pl. 9. So in a Quare impedit 34. Hen. 6. 41. So in Partition Mich. 40 41 Eliz. Com. Ban. Countess of Warwick against Henry Lord Barkley If error be brought before the fourth day in Com. Ban. yet it is good because of Record at the Commencement 34 Hen. 6. Assise of Darrein presentment a writ awarded to the Bishop and the Assise is for dammages error brought and allowed 17 Edw. 3. 5. pl. 12. Error upon a Judgement in a Scire facias upon a Fine and no Record removed but the proceedings upon the former judgement and yet good 20 Edw. Error 2. Praecipe quod reddat error brought the Original nor the judicial writ nor the essoyne shall be removed 2 Edw. 3. Error 2. Thorp 37. Assize 5. Unless Error be assigned in the Original 24 Edw. 3. 24. And then the Transcript only shall be removed 34 Assize 7. 36 Hen. 6. 13. Error upon an execution upon a Statute Merchant error in process the
but to have damages Nat. br 47. G. Quare Incumbravit In what Court it shall be brought It is a Writ Original and therefore it ought to Issue out of the Chancery Nat. br 48. G. But it shall be brought in Com. Ban. because it is a Common plea. Vet. Nat. br 26. B. And although the Record be removed Nat. br 48. F. because it is an Original Writ per Shard 17 Edw. 3. 55. A. But the King may bring this in Ban. Regis although the Record be in Com. Ban. But a Common-person shall not Nat. br 48. F. 17 Edu 3. 50. pl. 21. What person shall have it The Plaintiff or Defendant in a Quare Impedit or Darrein presentment that Recovers Against whom it Lyes It lyes against the Bishop Vet. Nat. Br. A. In what Cases this Lyes not It lyes not in right of Advowson Nat. br 48. Q. It lies not unless a Ne Admittas be first directed to the Bishop a Quare Impedit depending Vet. Nat. br 26. B. Nat. br 48. H. Yet it was maintained although no other Writ was first attained Vet. Nat. br 27. A. It lies not unless the party hath recovered before by Judgement of the Court Nat. br 48. E. 17. Edw. â— 50. pl. 21. The Incumbring by his Collation ought to be alledged to be within 〈◊〉 months Nat. br 48. L. The Writ And if he admit the Clerk of the other person after the six moneths which was presented before the Action the Writ lyes Nat. br 48. L. The Writ is Original and Issueth out of the Chancery only Nat. br 48. G. 17 Edw. 3. 74. B. Vide the Writ Nat. br 48. O. Regist Orig. 32. A. It ought to be brought in the County where the Church is because the Clerk of the Bishop shall by this be removed and the Clerk of the other admitted Coke 7. part 3. A. Bulwers case Nat. br 48. D. 38 Hen. â— 14. pl. 32. It ought to make mention of the Recovery Nat. br 48. K. Regist Orig. 32. B. But 18 Ed. 3. 17. by Wilby he ought not to mention The Writ needs not mention before what Justices the Recovery was and yet good 18 Edw. 3. 17. pl. 19. 17 Edw. 3. 74. pl. 109. The Writ 1. It needs not mention where the Court was when the Recovery because it is an Original Writ 2. Nor that the Bishop Incumbred it within the six moneths for it shall be intended 3. It is good although it bore Date within the six moneths for it shall be maintained after the recovery and the party shall have it 4. It lyes in Com. Ban. although that the Record be removed because it is an Original The Count. The Count ought to mention the Recovery Nat. br 48. K. It needs not to recite all the Record of the Recovery although that it was recovered by Darrein presentment 17 Edw. 3. 55. pl. 34. The Count mentions that the Bishop did Incumber the Writ depending concerning the Church yet good 17 Edw. 3. 74. pl. 109. If one Writ be abated the Plaintiff in another Writ may vary from the Count Nat. br 48. M. The Process It is Summons Attachment and Distress vet Nat. br 26. B. The Barre The Church was Litigious and that he did Collate by Lapse 34 Hen. 6. 38. Quare Impedit 89. A good bar No such Record a good Bar. vet Nat. br 26. B. Error brought and the Record removed in Ban. Regis no bar vet Nat. br 26. B. Did not Incumber after the prohibition to him delivered a good bar Nat. br 48. M. The Judgement Is to have his presentment and his Dammages Nat. br 48. H. 38 Hen. 6. 14. Coke 7. part 3. A. Bulwers case 21 Edw. 3. 3. pl. 7. If the Plaintiff be Non-suted yet it is not to him peremptory Nat. br 48. M. Replevin In what Court it lyes In the County Court by plaint per Marlebridge cap. 21. And this may be before the day of the Count 9 Edw. 4. 48. 21 Edw. 4. 66. pl. 46. But by the Common Law the Shrieve cannot make a Replevin without a Writ 8 Eliz. Dyer 246. pl. 67. In the 5. Ports Regist Orig. 79. A. Nat. br 67. A. In a court Baron by plaint but this ought to be entred Sedente Curia 21 Edw. 4. 66. pl. 46. In Ban. Regis or Com. Ban. But Antient Demean is a good plea to out the Court because the reality may come in debate Coke 5. part 105. Aldens case vid. 2 Ed. 3. 32. pl. 10. 17 Ed. 3. 52. pl. 28. fol. 75. 40 Ed. 3. 4. pl. 9. 29 Ed. 3. 9. pl. 29. 4 Ed. 3. 123. pl. 34. It lies not in the Marshalsey Coke 10. part 74. Marshalsea Who shall have a Replevin Administrator shall have a Replevin de bonis Testatoris the Count. Lib. intra 560. B. Sect. 2. Husband and Wife shall joyn in a Replevin for Distress taken upon the Land of the Wife 2 Edw. 2. Replevin 42. Digest brevium 53. Sect. 2. But for goods of the Wife sole taken which takes a Husband the Husband alone shall bring the Action Nat. br 69. K. 33 Edw. 3. Repleg 43. If goods be bayled to A. he shall have a Replevin of them against a stranger 21 Hen. 7. 14. Executor shall have it for goods taken in the Testators time 17 Edw. 3. Executors 106. 24 Edw. 3. Avowry 257. 21 Hen. 6. 1. B. Markâ—ham Executors shall have the goods that were Testators Regist Orig. 81. B. 5 Edw. 3. 133. pl. 14. 18 Edw. 2 Repleg 24. 18 Edw. 3. Severance 28. And when he brings it of his own possession he shall have it before the Probat of the Testament Com. 281. A. Joynt Tenant or Tenant in Common joyns in a Replevin 11 Hen. 6. 31. But if two others joyn the Writ shall abate 11 Hen. 6. 31. 3 Hen. 4. 16. 21 Edw. 4. 23. But in a Homine Repleg Estrangers may joyn Nat. 66. F. 8. Edw. 4. 16. pl. 19. Propter favorem libertatis and yet 8 Hen. 4. 2. Is that they shall not joyn Parson shall have a Replevin of a Mortuary after Seisure but not before Com. 281. A. Foxes case 10 Hen. 4. 1. For he had not property before Seisure 16 Hen. 7. 5. pl. 3. Brian 1. He that hath not the property shall not have a Leplevin 6 Hen. 4. 2. pl. 17. 7 Hen. 4. 18. 11 Hen. 4. 17. pl. 39. 2 Hen. 6. 14. pl. 10. 20 Hen. 6. 18. A. 35 Hen. 6. 2â— A. 39 Hen. 6. 35. pl. 47. 4 Edw. 2. 1. pl. 2. 9 Edw. 3. 340. pl. 19. Lib. intra 568. C. Sect. 5. 2. But he that hath cattel by way of Agistment shall have a Replevin because he hath a Special property 3 Edw. 3. 71. pl. 36. 42 Edw. 3. 18. pl. 32. â—1 Edw. 4. 54. pl. 24. 3. So he that hath them to manure his land 42 Edw. 3. 18. 11 Hen. 4. 29. 21 Hen. 7. 14. 21 Edw. 4. 54. pl. 24. 2 Edw. 3.
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.
Assise 41. 20. Assize 2. 50. Assise 3. But quaere 50 Assise 3. if Tenant in Precipe aliens to B. which releases to the Feoffor for life and judgement if B. shall have Error per 9 Rich. 2. cap 3. Where the King is party to the judgement there shall be Error against him but not before Petition made to the King Pasch 12 Jac. Ban. Regis Davies case 23 Edw. 3. 12. pl. 14. 18 Hen. 6. 17. 22 Edw. 3. 3. pl. 25. 24 Edw. 35. pl. 43. The writ of Error The writ ought to make mention of him which was summoned and severed 9 Hen. 6. 38. 13. Covenant against A. as Assignee and Judgement given against him he brought Error the Writ needs not mention him as Assignee because this Addition was not of substance 19 Elizabethae Dyer 356 pl. 41. The Process in Error 1. upon Judgement in Ireland 2. upon a bill sealed 3. Judgement in another Court Error brought upon a Judgement given in Ban. Regis in Ireland there shall be a Scire facias in the writ of Error for by Sharde this is the usage and in no other manner 34 Assize pl. 7. Error upon a bill sealed there shall be a Scire facias against the Justices which sealed it ad cognoscend Sigilla c. per Westm 2 cap. 31. Lib. intra 293. C. sect 1. 11 Henry 4. 92. But the Justices may deliver it in Court by their own hands 11 Hen. 4. 52. 92. The Process in a writ of Error against the Judges to whom the Writ is directed is Alias Plures and Attachment Nat. br 22. G. When the Record is removed after Errors assigned the Plaintiff shall have a Scire facias against the Defendant ad audiend errores Nat. br 22 E. 10 Ed. 4. 13. 3 Eliz. Dyer 195. pl. 38. 201. pl. 63. 17 Edw. 3. 5. And upon two Nihils nec est inventus the Court shall come to examination of the errors 3 Eliz. 201. pl. 63. But untill error assigned the party shall not have a Scire facias 24 Edw. 3. 31. pl. 8. And if he assign that for error which the Court takes to be no error he shall not have a Scire facias 18 Hen. 6. 17. But in Error brought against the King there shall be no Scire facias because the King is alwayes in Court Nat. br 21. H. The Writ needs not mention the names of the Tertenants because it is of common form used 8 Hen. 4. 17. pl. 3. If the Shrieve return that the Heir is not in his Baly-wick and the Tertenant shews that he is in another County there shall go a Scire facias into another County 8 Hen. 4. 18. pl. 3. If a Recoveror makes a Feoffment and dyes without Heir it seems there that a Scire facias lyes against the Tertenant only and a Writ of Error 8 Hen. 4. 17. pl. 3. 9 Hen. 6. 49. B. pl. 30. Quaere But the 9 Hen. 6. 46. B. pl. 30. a Writ of Error lyes against none but the party or them that are privy to the former Judgement Gardein in right recovers in a Quare Impedit and dyes the other brought error and a Scire facias against the Heir of the Recoveror and against the Heir of him from whose right he took his title and against the Incumbent without naming the executor yet good because he recovers as Gardein in right but the contrary as Gardein in Deed 8 Hen. 6. 35. pl. 1. Error upon false Judgement in Oxford the party being dead there shall go a Scire facias as well against the Heir as against the Tertenant 8 Hen. 4. 18. pl. 3. A Scire facias needs not be sued against the Tertenant before the Judgement be reversed 47 Edw. 3. 7. But before that he enter he shall have a Scire facias against the tertenant for otherwise he shall be a Disseisor 4 Hen. 7. 10. 47 Edw. 3. 7. But if the Recoveror make a Feofment to his use and then the judgement be reversed there needs no Scire facias against the Feoffee for this is Ayded per 1 Rich. 3. 26 Hen. 8. 2. Error upon an Outlary in Fellony the Plaintiff ought to have a Scire facias to all the Lords mediate and immediate 7 Hen. 7. 5. 11 Hen. 4. 53. 4 Edw. 4. 10. And also against the party and the Tertenants Lib. intra 308. B. sect 3. And in a Writ of Error if the Plaintiff hasten not his suite the Defendant shall have a Scire facias against the Plaintiff to shew cause why he should not have Execution 24 Edw. 3. 24. 9 Hen. 6. 13. And such case two Nichils returned the Defendant shall have execution but after this the Plaintiff shall have a Scire facias 9 Hen. 6. 13. Diminution in Error 1. by whom 2. in what cases 3. at what time 1. The Plaintiff in Error may alleadge Diminution Nat. br 25. A. The Defendant may 28 Hen. 6. 11. 15 Eliz. Dyer 321 pl. 21. 2. Error upon a Judgement in London the Recorder certifies it yet he is held to do according to the custome Quaere if Diminution shall be alleadged 34 Hen. 6. 42. When all the Record is not removed Diminution may be alleadged Nat. br 25. A. vide the Writ there Diminution alleadged in 1. Essoine Lib. intra 290. C. sect 1. 1 Hen. 7. 2. 2. Continuance of the Jury Lib. intra 290. D. sect 2. 3. Words in title in Assize Lib. intra 290. D. sect 3. Diminution shall not be alleadged upon a bill sealed because the bill is not of Record 11 Hen. 4. 52. Hull 65. 3. After in nullo est erratum pleading in another Terme the Plaintiff may not alleadge Diminution 28 Hen. 6. 11. But the Defendant may 28 Hen. 6. 11. But per 7 Edw. 4. 25. Error 45. the Defendant may not But Coke 5. part 37. B. Bishops case after in nullo est erratum pleaded no Diminution shall be alleadged The Plaintiff to the Writ before that he assigne Errors or a Scire facias ad audiend errores and by this means the Defendant may not afterwards alleadge Diminution 16 Eliz. Dyer 330. pl. 18. vide 13 Hen. 4. Error 92. But note that the Defendant after that he had rejoyned alleadged Diminution No. Lib. intra 232. B. The Plaintiff may not alledg Diminution for any Error in Deed after a Scire facias awarded 22 Edw. 4. 45. The Assigment of Errors 1. by whom 2. at what time 3. upon what Record 4. of what things Assigment of errors is in place of a Declaration 9 Edw. 4. 32. If one brings a Writ of error and he and another assigne errors this is good as to him that brought error and void as to the other but if two brought error and one assigne errors this is not good to either Mich. 9 Jac. In the Chequer chamber Shakley versus Porter Conusor of a Fine shall not assigne error in the Conusance neither the Conusee in the Grant and Render neither the Recoveror in the Recovery Coke 5. part 39. B. Executor in error by him upon a Judgement given against him shall not assigne for error that
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
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
Inmate High Wayes Excessive 1. Bar. Grain 2. Justification Quoruplex Administrator Husband and Wife He to whose use Commoner Executor Woman Gardein in Soccage Parson King Tenant at will Tenant at sufferance 1. Amerciament Corrody Damage fesant Forfeiture Herriot Relief Rent Services Ancestor Feoffer Predecessor Ancestor Disseisor Infant Feoffor of the tenant Joynt-tenant Resyants Tenant Avowry Superior Inferior Annuall Antient seisin Amends Common Disclaymer Grant by Tenant in tayl Out of his fee. Note Injuria sua propria Ought to inclose and did not Coparcener Nothing in arreare Release Seisin Not seised Not seised within â—0 years Seisin avoided in avowry Tenure Tender Retorno habendo Nul Returno habendo Return irreplevivisable 1. At Common-law 2. At the Statute-law County Court Note Marshalsey Chancery Com. Ban. Regis Antient Demean Note Administrator Executer Administrator Alien Husband and wife Nota. Chaplain of A. Chapel Commoner He that hath not the soyl He to whose use Copyholder Disseisee Executor Goaler Church-wardens Heir Ravishment Grantee Heir Lessor Lessee Master Ordinary Parson Protected person Possessor Note King Queen Recusant Bishop Master of an Hospital Tenant at will Copyholder Tenant in common Tenant for anothers life Tenant at sufferance Outlawed Administrator Agreement Alien Attainted person Attorney Husband and wife Commandâ—r Body politâ—ck Dean and Chapter Maior Communality Disseisor Infant Executor Gardian Ideot Judge Auditors Miller Queen Lord. Deaf and dumb Tenant at will Tenant by sufferance Tenant in Common Meer-stone Shrieve Outlaw Inheritance Note Castle Messuage Mill. Piggeon-house Lane Meadow Wood. Park Forrest Chase Pond Tythes Trees Inheritance Fishing Warren Swans Toll Wreck Waif Estray Fellons goods Fair or Market Frank-foldage Chattels Real Sonne Daughter Heir Woman Battery Imprisonment Servant Apprentice Prisoner Captive Chattels personals Living Boare Oxen. Mastiff Capons Conies Deer Hawks Fish Bull. Capta fugata Hogges Capta fugata imparcata Capta interfecta Districta Note Impercata Catalla Percussa Catalla Tonsa Catalla Chattels dead Arrestata Wooll Capta asportata Money Coles Plough horses Writings Hay Corn. Tymber Ship Obligation Will. Coat VVine Cloathâ— Thâ—rnâ— Shocks of wheat Upon Judgment in Court out of the Realm Ireland VVales Dodderidge De priucipalitate 〈◊〉 â—iae fol 18 I le of Man 2. VVithin the Realm in Court superior as Parliamenâ— Ban. Regis Com. Ban. Exchequer Inferiour Court Assises Oyer Terminer Conusance granted to a City or Village corporate Judgement Note Forest Stannarieâ— Custom London Note Cinque-ports Village Common right Marshalsey Pypowder Parties Conusor Corporation Disclaym Non-tenure Survivor Outlawed Conspiracy Infant Retraxit Reversion Heir Prey in Ayde Patron Garnishee Tenant Vouchee Heir general Heir special Executor Administrator Successor King Bishop Reversion Estranger Conusor Tenant King Ireland Bill sealed Process Errors assigned Against whom a Scire facias in error shall be sued Other County Terretenant Former Judgement Cardein in right False Judgement Feofment Scire facias in Fellony Delay Error in London Diminution Note Assign errors Conusor Executor Party R vertioner Successor Sci. fa. Demurrer Record New writ of Error False Judgement Error without a day Bill sealed Challenge Priviledg Conusanee Pattent Bill sealed Transcript Priviledg Claim Record removed Proclamations Award Account Trespass Formâ—don Trespass Quare impedit Partition Day Record Praecipe quod reddat Transcript Statute Merchant Antient Demean Ireland Fine Recovery Infancy Feme Covert Husband Note Note 1 Original 2 Form 3 Count. 4 Pleading 6 Warrant 7 Appeal What things are amendable after verdict â— Material varience 3 Misprion of the Visne 4 Shreives Return 5 Jury 6 Venire facias 7 Verdict 8 Action 9 Crown 10 Law Iudgement Concessum est pro 〈◊〉 eratum est Jurisdiction of Court In proces Iudge Visne Visne In Replevin In waste Trover Conversion Trespass Condition to pay mony Obligatition Eejectment Debt Feofment In nullo est erratum Release Seisure Assize Information upon intrusion Quare impedit Redisseisin Utlawry
A SURVEY OF THE LAW CONTAINING DIRECTIONS how to Prosecute and Defend Personal Actions usually brought at COMMON LAW With the Judges Opinions in Several Cases To which is annexed The nature of a Writ of Error and the general proceedings thereupon With a plain Table for the easy finding out of every particular BY William Glisson and Anthony Gulston Esquires Baristers at Law Good communicated doubles it self Vivere nemo Nunc sine Lite solet nec sine Lege potest London Printed for Henry Brome at the Gun in Ivy-Lane and Thomas Basset in St. Dunstans Church-yard 1659. THE CONTENTS Of the BOOK 1. Accompt 2. Case 3. Covenant 4. Detinue 5. Debt 6. Ejectment 7. Quare Impedit 8. Replevin 9. Trespass 10. Trover c Wherein is plainly set down and demonstrated 1. What their several natures are 2. How many fold 3. In what court they most properly lye 4. Who may best bring them 5. Against whom 6. For what causes 7. What be Pleas and Barres 8. What Judgements and Executions The Epistle Dedicatory TO THE Professors Practisers Of the COMMON-LAW OF ENGLAND Candid Reader THis Tract in French was bequeathed to me by an Alliance William Glisson Esquire deceased which I have translated into our own Language for the Common benefit of all I am not singular in it for daily experience manifests the contrary neither is it a Novelty for Law-books to appear in this dresse Antiquity may be pleadâ—d Sr. Germin Perkins Stanford Crompâ—on Lambert Sr Henry Finch Dalton and divers others have in former dayes troden this path My desires are it may not be perused by those who read only to fault what they cannot mend but by those whose judicious Pen will correct the errors as Cognizances of humane frailty I wish it successful to all be he Pleader or Practiser and that the Common Law of England may shine forth in these Cloudy and ecclipsed dayes is the prayer of him who is A Well-Wisher to the Laws HEN. APPLEGARTH Staple-Inne January 20th 1658. 9 The Table ACCOUNT ACcount Fol. 1. Account against a Guardian in Soccage 1. In what Court Account lyeth a gainst a Guardien in Soccage 1. Who shall have a writ against Guardien in Soccage 2. Against what person Account lyeth as Guardien in Soccage 3. For what things Account lyeth 4. The Account against a Guardian Soccage 5. The proces against a Guardian Soccage 1 before appearance 2. after appearance 6. Bar by a Guardian in Soccage 1 to the Action of Account 2 Before Auditors 7. The Judgment against a Guardian in Soccage 1 of Account 2 to recover the thing ib. Execution against a Guardian in Soccage 1. per common Law 2 per statute Law 8. Ex parte talis 8. Account against a Bayly 1. of a Court or Hundred 2. of a Mannor-house c. 9. In what Court it lyes against a Bayly ib. Who shall have an Account against a Bayly 1. of a Court 2. of a Mannor ib. Against whom an Account lyeth as Bayly 1. of a Court or Hundred 2. of a Mannor c. 12. For what things Account lyeth against a Bayly 1. of a Court 2. of a Mannâ—â— 14. The Account against a Bayly 1. of a Court or Hundred 2. of a Mannor c. 15. The writs against a Baily 1. of a Court or Hundred 2. of a Mannor c. 16. The process against a Baily 1. before appearance 2. after appearance 17. Bar to a Baily 1. to an Action of an Account 2. before Auditors 18. Judgement against a Baily 1. of Accouut 2. to recover the thing 21. Execution against a Baily 1. per Common-law 2. per Statute-law 10. Ex parte talis by a Baily 22. Account against a Receiver 1. in Law 2. in Deed. 23. Against whom Account lyes as Receiver 26. For what things Acount lyeth against a Receiver 28. The Account against a Receiver 1 by others hands 2. by his own hands 29. The judgement against a Receiver 1. of Account 2. of a Receiver 34. The writ against a Receiver 35. The process against a Receiver 1. before appearance 2. after 36 Bar by a Receiver 1. to an action of Account 2. before Auditors 37. Execution against a Receiver 1. per Common-law 2. per Statute-law 3â— Action upon the Case QUid Quotuplex In what Court it lyeth 42. For doing of wrong to the dammage of another touching things hereditary 43. Against whom this lyeth 44. For what things this Action lyes 46. The Writ 55. The process 1. before appearance 2. after 55. The Judgement ib. For what things it lyes ib. For doing of wrong to the dammage of another touching his body 61. For doing a thing to the dammage of another touching his name which is slander 62. For the doing wrong to the dammage of another touching sutes in Law 72. For not doing which onght to be done by the Law touching a thing hereditary to the dammage of another 73. For not doing of things which ought to be done by the Law to the dammage of another concerning Chattels 81. For the not doing of a thing which ought to be done by the Law to the dammage of another touching his body 83. For not doing a thing that ought to be done by the Law to the dammage of another touching sutes in Law 83. Assumpsit FOr the not doing of a thing which ought to be done by the agreement of the party to the 〈◊〉 of another touching things hereditary 84. Assumpsit quid quotuplex ib. General Bar. 85. For not doing of a thing which ought to be done by the agreement of the partyes touching Chattels 87 The Judgement 98 The Writ 99 For not doing a thing which is to be done by Agreement touching the body 99 The Writ 100 For not doing a thing which is to be done by agreement of the parties touching sutes in Law 100 For not doing a thing where a man is bound to do it in one manner and he doth it in another 100 For negligent suffering a thing to be done to the dammage of another 101 Bar. 102 For deceit in bargains and agreements with warrant 105 For deceit in bargains and agreements without warranty 106 Trover and Conversion Quid quotuplex 108 Of what things it lyes 109 Covenant IN what Court covenant lyes 1. personal 2. real 113 Who shall have a covenant 1. personal 2. real 114 Against whom covenant lyes 1. personal 2. real 119 The Count in covenant 1. personal 2. real 125 Writ in covenant 1. personal 2. real 127 The process in Covenant 1. before appearance 2. after ib. Bar in Covenant 1. personal 2. real 128 Judgement in covenant 1. personal 2. real 129 DETINVE 1. QVid Fol. 132 2. Quotuplex ib. In what Court detinue lyes 1 of Chattells 2 of Deeds for Lands Fol. 133 Who shall have a Detinue 1. of Chattells 2 of deeds ib. Against whom Detinue lyes 1 of Chattels 2 of Deeds Fol. 139 For what things Detinue lyes 1 of Chattels 2
Note that there shall be no Enterpleader unlesse the Defendant pray it 18 Edw. 3. 22. pl. 3. If the parties are by Attorneys day shall be given over because they shall not enterplead but in person 9 Edw. 3. 334. pl. 12. 24 Edw. 3. 24. pl. 3. And if one come at his day by Attorney the other shall not have judgement against him 9 Edw. 3. 334. pl. 12. Upon several Baylments there shall be no Enterpleader 19 Hen. 6 2. pl. 6. But if the Defendant said that he was Joynt-tenant absque hoc that it was several 19 Hen. 6. 3. pl. 6. In Detinue the Defendant pleads another Writ hanging per another and prayes Enterpleader and it was granted for the mischief that might be for otherwise both might recover the Deeds and so be twice charged 3 Hen. 6. 43. pl. 20. But there ought to be two several Writs depending 3 Hen. 6. 35. pl. 31. and these ought to be returned at one day 9 Hen. 6. 36. pl. 9. If the Defendant and the Garnishee do not agree in plea there shall be no Enterpleader 14 Hen. 6. 11. There shall be no Enterpleader unlesse the Defendant alleadge that both demanded one thing 8 Edw. 4. 6. If the Defendant after Garnishment make default yet there shall be an Enterpleader 2 Rich. 2. Enterpleader 13. If it be returned at several dayes then a day shall be given over at which day they shall Enterplead 33 Hen. 6. 25. pl. 8. But if two bear the same date then he that first comes and demands answer shall be answered 19 Hen. 6. 4. Lib. intra 213. A B. Sect. 1. Otherwise he that the Court assignes 19 Hen. 6. 4. Barre in Detinue 1. Of Chattels 2. Of Deeds Accord is a good Plea in Detinue of any goods personal Coke 9. part 78. B. Petoes case Barre that the goods were attached and delivered to him only the custom of the Citie Lib. intra 112. C. Sect. 5. A. lent sheep to a woman sole which took a Husband which commanded the owner to take them again who refused this is a good barre as to the baylment in Detinue 43 Edw. 3. 21. 10. A good barre that they were lent to deliver over of the which he had a deed Nat. br 138. M. A good plea by the Executor upon baylment to the Testator that he had delivered them to him that had the right 9 Hen. 6. 58. A. Detinue is no plea that the Plaintiff gave him the goods because he may wage his Law 22 Edw. 4. 29. pl. 10. Detinue upon Trover the Defendant pleads that he did distrain for Rent reserved upon a Lease a good barre 27 Hen. 8. 22. pl. 15. In Detinue of a Horse a good plea that he did estray and that he proclaimed him and offered the horse to the owner if he would pay for his meat No. Lib. intra 169. D. Sect. 2. A good barre to say the Horse was sick in Detinue at the time 21 Edw. 4. Detinue br 42. Non detinet a good barre Lib. intra 211. D. Sect. 1. 2. fol. 112. C. Sect. 4. 5. And this may be by the Country Lib. intr 211. D. Sect. 1. and 112. Sect. 4. C. Or by wager of Law 22 Edw. 4. 29. pl. 10. Lib. intra 112. C Sect. 5. 5 Edw. 3. 145. pl. 4. 27 Edw. 3. 83. pl. 6. 4 Edw. 3. 41. Although the baylment be by deed for the detinet is the substance 27 Hen. 8. 22. pl. 14. An Executor may wage his Law 11 Hen. 6. 40. pl. 25. 3 Hen. 6. 38. Martin Non detinet by the Law although the baylment be by others hands 8 Hen. 6. 10. pl. 26. 33 Hen. 6. 8. B. Moyle Executor pay a debt to the value of the goods and dyes this is a good barre in Detinue brought by the surviving Executor 3 Eliz. Dyer 187. pl. 6. The Defendant said that the Plaintiff pledged them for money which is not paid this is a good barre 34 Hen. 6. 42. pl. 13. Corne lent c. and it perisheth this is no barre Doct. stud 129. A. A horse used in other manner then was agreed no barre if he perish But if he be used in the same manner if he perish not in Default of the Owner to whom he was lent a good barre Doct. Stud. 129 A. No plea for a Carryer or Ferry man that he was robbed Coke 4. part 84. Southcots case 2 Hen. 7. 11. B. Townsend So if goods are delivered to keep Coke 4. part 83. B. But it is a good plea if they are taken to keep as my own Coke 4. part 83. Recovery in Travers a good barre in Detinue 20 Hen. 7. 58. B. Crooke The baylment is not traversable where he may wage his Law 8 Edw. 4. 3. pl. 7. No barre that the Horse was sold in a market overt unlesse it were tolled for according to the Statute 1 2 Phil. Mariae cap. 7. Detinue for Deeds as Heir Bastardy is a good plea 35 Hen. 6. 9. pl. 12. A. bayled to B. to rebayl and dyes having two sons which makes petition he which had the Land comprehended in the deed infeosses B. this is a good barre 17 Edw. 3. 12. pl. 45. Warranty and assets is no barre against the issue in Tayl in Detinue 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4. Rebaylment in another Countie a good barre because he cannot wage his Law 22 Hen. 6. 15. pl. 27. Release per the Plaintiff a good Barre Lib. intra 290. B. Sect. 1. Defendant pleads baylment by the Plaintiff upon condition that if his wife survive the Plaintiff that the Defendant should retain it and that his Wife is alive a good barre but then he ought to shew what lands they concern 18 Edw. 4. 18. Infancy is no plea because he may avoid an obligation in debt 14 Hen. 6. 11 pl. 41. A good barre that the Garnishee brought a Detinue against the Defendant and prayes Garnishment against the Plaintiff which makes default and he had judgement 34 Hen. 6. 47. pl. 13. 21 Hen. 6. 35. pl. 2. per Newton Garnishee pleads release between this action brought and the delivery quaere 20 Hen. 6. 28. pl. 23. 49 Edw. 3. 13. But the 39 Edw. 3. 13. adjudged that it is a good barre The judgement in Detinue 1. Of Chattels 2. Of Deeds 1. Quod praedictus W. recuperet versus praefat J. praedicta octo quarteria frumenti vel valorem eorundem No. Lib. intra 169. C. Sect. 1. Lib. intra 218. B. Sect. 4. dampna sua c. and upon the return of the Writ if it appears that W. did not deliver the corn then the judgement shall be for the value with damages and costs The Plaintiff shall have judgement to recover the thing named 17 Edw. 3. 45. 1
   Ban. Regis Judgement given   Superior Chancery In Court of Record  Com. Ban.  Exchequer   Prescription  Custome   Inferior by Pattent   Common-Right  Court Baron For principall Not of Record  County For damages and losses   Antient Demesn in any Mannor For Fine or Amerciament   Marchant  Out of Court Statute Staple    According to 23 Hen 8.   Recognizance   Account at common law   Arbitriment    By law or Ordinance  If a man brings debt upon a recovery in com Ban. he ought to bring it in Middlesex wherethe record is because it is the Originall but a scire facias to execute one Judgement shall be where the Originall was because it ought to follow it Hil. 9. Jac. Ban. Regis Musgrave versus Wharton Arrerages recovered in a scire facias upon Judgement in annuity against the predecessors debt lyes upon it Nat. br 122. E. 22 Edw. 4. 1. pl. 6. Debt recovered in court of Pypowders and debt brought upon it in com ban super tenorem recordi and good 7 Hen. 6. 19. If a man recover damages in wâ—st he shall have debt for the damages Nat. br 122. C. 43 Edw. 3. 2. pl. 5. the count Lib. intra 197. C. sect 15. Debt for damages in Assize 32 Hen. 6. 29. pl. 23. but then this ought to agree with the Record the count Lib. intra 194. D. sect 7. So for damages in a Mort-dauncester 46 Edw. 3. 25. pl. 10. The Plaintiff in com ban is non-suited and the record removed by writ of error the defendant shall have debt for his costes 29 Hen. 8. Dyer 32. pl. 5. Damages recovered in antient demeasne and the tenour of the record was removed by Cercâ—orari debt lyes upon it for the damage 39 Hen. 6. 3. pl. 5. count Lib. intra 195. C. sect 11. Damages recovered before the Mayor of Hull debt lyes there 11 Hen. 4. 12. Debt lyes for a fine Coke 8. part 41. B. Greisleys case 7 Hen. 6. 2. B. Debt lyes for an amerciament in a Leete Lib. intra 151. B. sect 1. 23 Hen. 8. br Leete 37. The count Lib. intra 151. B. Debt lyes in a Court barron No. Lib. intra 118. B. sect 1. Debt lyes upon a Statute Merchant Staple and according to the 23 Hen. 8. Nat. br 122. C. 11. Hen. 6. 49. pl. 7. Debt lyes upon a Recognizance Nat. br 122. C. 11 Hen. 6. 49. pl. 7. Eliz. Dyer 306. pl. 63. The count Lib. intra 192. B. sect 1. Or upon the tenor of the Recognizance 39 Hen. 6. 3. pl. 5. 22 Eliz. Dyer 369. pl. 52. So upon a Recognizance taken before the Mayor of Hull 36 Hen. 6. 2. pl. 2. Debt brought upon a Recognizance after the Recognizance and afore the enrollment and good Passc 43. Eliz. com ban Debt lyes upon arrerages of Account at the Common law the count Lib. intra 149. A. sect 1. Also a Bayly shall have debt upon the surplusage of account Nat. br 121. I. 38. Hen. 6. 5. 19 Edw. 2. Debt 176. He ought to count the place and day where the Auditors were assigned Hil. 32 Eliz. com ban Lord Dacres case But if the Lord will not hear his account he hath no remedy for the surplusage 7 Edw. 3. 12. per Herle But not by a Receiver 38. Hen. 6. 5. pl. 14. Mich. 12. Jac. ban Regis Countesse de Suffolk versus Floyde But a receiver for Merchandize shall have it 38 Hen. 6. 5. Prisott et Moyle Debt lyes upon an Arbitrement Nat. br 121. G. Coke 9. part 92. B. the count Lib. intra 153. C. sect 1. Debt lyes upon an ordinance or by law Coke 5. part 64. A. A Paine upon one in a leete to reform a nusance and afterwards it is presented that it is not done the Lord shall have debt 23. Hen. 8. br Leete 37. Penalty inflicted upon one in London per the common counsell debt lyes for it in Ban. Regis Mich. 9. Jac. ban Regis Debt lyes for the daughter for Ayd to marry her Nat. br 83. A. et 122. G. A man having an annuity of the King delivers a writ to a customer which hath assets he shall have debt Nat. br 121. F. So if he deliver a Talle to a customer 27 Hen. 6. 9. pl. 1. So if he deliver a Talle to a collector of tenths and fifteens 37 Hen. 6. 15. pl. 5. Debt pro rationabili parte bonorum where the custome gives such part Nat. br 122. L. 3 Edw. 3. Debt 156. The count was that the sonne or daughter which is not heir nor preferred in the life of the father shall have a reasonable part and shewes the things to the value c. Lib. intra 564. B. sect 1 But shall not have this writ but where such custome is 40 Edw. 3. 38. pl. 13. Mowbray 7 Edw. 4. 20. pl. 23. For it cannot be founded upon Magna charta cap. 8. because it is but only foreprised Regist orig 141. B. 30 Edw. 3. 26. A. Seton But other Bookes say it lyes at Common-law Nat. br 122. L. Glanvil Lib. 12. cap. 20. 17 Edw. 3. 9. pl. 29. And the account is upon the common law No. Lib. intra 565. A. sect 2. So debt lyes where the custome is that the heir shall have the principall goods 30 Edw. 3. 2. pl. 9. 39 Edw. 3. 6. pl. 24. et fol. 9. pl. 15. Executor shall have debt for a relief because it is but an improvement of the service Coke 4. part 49. B. 34 Edw. 1. Avowry 233. 11 Hen. 6. 15 pl. 4. And it is a chattell to the executor 34 Edw. 3. Advowry 233. But the Lord shall not have debt Coke 4. part 49. B. 7 Hen. 6. 13. For it is no chattell to the Lord 34 Edw. 1. Avowry 233. Tolle shall be recovered by debt 20 Hen. 7. 1. pl. 2. but vide librum et quaere Debt lyes for Escuage after that it is assessed per parliament for then it is a duty certain Crooke 133. pl. 111. Debt lyes upon a simple obligation count Lib. intra 178. B. sect 1. Vide versus Attorney vel sarvientum ad legem fol. 174. D. sect 5. et 6. Debt upon a bill to pay within a moneth after that the Plaintiff shall come from Jerusalem he needs not give notice to the defendant because he is bound to pay it at his perill Hil. 9. Jac. Ban. Regis Edmonds Obligation with condition to performe covenants No. Lib. intra 130. B. sect 14. Obligation to discharge and save harmeless the shrieve of all escapes of persons in execution A good breach to shew that one was in execution per capias c. and suffered him at large without shewing 1 that he was at large 2 without giving notice and request to save him
Liberty that the precept was not come to him at the time and that afterwards he was not in the Liberty 18 Edw. 3. 35. Taken again before the action brought a good barr if that he agree not to the escape and make fresh suit Coke 3. part 52. Rigwayes case 34 Edw. 1. debt 162. That he owes nothing no plea because this action is brought not upon a contract but upon a special Clause of the statute 2 Rich. 2. Yssue 160. Account upon a recovery of damages and the party committed in execution Nul tiel record a good barr 30 Hen. 6. 6. Debt upon a Judgement in Pypowders a good barr that he was taken in execution 7 Hen. 6. 18. Recovery in a court baron the defendant shall say that he owes nothing by the law 49 Edw. 3. 3. A. Hanmer 13. Hen. 7. 3. B. Conesby Damages in Assize entire of the plaintiff after verdict and before Judgment pleaded quaere 2 Mariae Dyer 107. pl. 24. Levied by the shrieve a good barr 11 Hen. 4. 58. pl. 8. Elegit pleaded in barr good 13 Eliz. Dyer 299. pl. 34. Damages in antient demeasne debt brought against the defendant he shall not say that he owes nothing but Non tiell Recovery quaere 34 Hen. 6. 49. A. pl. 15. Littleton Amerciament in a leete that he owes nothing by the law no plea 12 Rich. 2. law 33. Amerciament in a court baron that he owes nothing by the law a good plea 12 Rich. 2. Stathan debt 35. No. Lib. intra 119. A. sect 1. Debt upon a statute Merchant the defendant sayd that he was a lay man not learned and that the condition was but to bind him to pay 40 l. and it was made 60 l. this is a good plea for the action is brought as upon an obligation but otherwayes if execution be sued upon it as a statute Hil. 9. Jac. Ban. Regis Fox versus Brooke No debt in barr for arrerages of account before Auditors because the summe being due by matter of record ought to be answered by matter of as high a nature 3 Hen. 4. 5. pl. 23. 6 Hen. 4 6. pl. 28. 8 Hen. 5. 3. pl. 13. Hull 3 Hen. 6. 55. A. quaere 4 Hen. 6. 17. pl. 3. 10 Hen. 7. 4. A. Debt upon an in simnl computaverunt that he was not accountable by the country no bar for where the defendant may wage his law the contract is not traversable Crooke 13 Hen. 7 39. pl. 4 Nullum fecerunt Arbitrium a good barr because this lyes in notice of the country Crooke 13 Hen. 7. 39. pl. 4. But if he plead such a plea he cannot rejoyne afterwards and say that the arbitrators gave no notice but must plead it in barr Crooke 7 Hen. 8. 155. pl. 8. The arbitrators gave no notice no barr unlesse the submission be so The defendant said before the arbitriment made he discharged the arbitrators this is a good barr 21 Hen. 6. 30. 28 Hen. 6. 6. Coke 8. part 82. B. Vniors case and needs not to averr that the arbitrators had notice Debt upon an obligation accord with satisfaction no barr because the duty being certain ought to be avoided by matter of as high a nature Coke 6. part 44. A. Blakes case But if the duty accrew not untill some subsequent act there accord with satisfaction a good plea Coke 6. part 44. A. A. obliged to B. in 100l. shewes 3 acquittances 1 of 10l. 2 of 20l. and 3 of 20l. which amount to the receipt of 50l. parcel of the 100. in which he was bound to pay 50l. this a good barr because it appeares that it was but 50l. principall debt 43 Edw. 3. 31. pl. 26. Forreyne attachment in London a good barr as it seems No. Lib. intra 139. C. sect 20. 22 Hen. 6. 47. pl. 2. But a legacy cannot be attached because it may not be due in respect of payment of the Testators debts Mich. 14. Jac. ban Regis Vaughans case Attainder of felony no plea Mich. 38 et 39. Eliz. com ban Banister versus Trusselle Nil debet no plea because an obligation shall not be avoided by a nude averment but by matter of as high a nature Doct. et Student 22. Non compos mentis pleaded by the party not adjudged Trin. 37. Eliz. ban Regis Strode versus Marshall vide 5 Edw. 3. 70. Payment without acquittance no plea 33 Hen. 8. Dyer 51. pl. 10. Coke 5. part 43. Doct. et Stud. 22. 20 Hen. 6. 3. A. Paston 26 Hen. 8. Dyer 6. pl. 3. 28. Hen. 8. Dyer 25. pl. 160. 41 Edw. 3. 7. pl. 15. A. by indenture sold land for 20l. there were covenants in the deed for the performing of which he bound himself in 40l. debt was brought for the 40l. payment without acquittance no plea 26 Hen. 8. Dyer 6. pl. 3. et fol. 25. Defeazance upon a statute Marchant to pay 20l. payment there without acquittance a good plea and this is without an audita querela when the party is not in execution 17. Edw. 3. 3. pl. 10. A. is bound to pay his rent there payment without acquittance is a good barr 46 Edw. 3. 1. pl. 1. When the originall contract is for money accord with satisfaction a good barr Coke 9. part 79. A. Petoyes case 22 Edw. 4. 25. A. But accord to a generall receiver is no barr if he had not a speciall authority Doct. et stud 137. B. But when the condition is for a collaterall thing accord is no barr Coke 9. part 79. A. 12 Hen. 4. 23. 9 Hen. 7. 4. 4 Hen. 8. Dyer 1. And if it be before the day then part of the summe is a good Bar. Coke 5. part 117. Pinnels Case 27. Edw. 3. 84. But at the day or after it is no Bar unless it be in another place Coke 5. part 117. Pinnels Case The Defendant pleads he pay'd so much in full satisfaction the which the Plaintiff received and not that he paid so much the which the Plaintiff received in satisfaction Coke 5. part 1. 17. A. Pinnels case Conditions performed is a good bar 41 Ed. 3. 10. pl. 7. fol. 25. pl. 19. Thorpe One pleads part of the Arbitriment it shall be intended all until the contrary be shewed 2. The other may shew the remnant absque hoc that they arbitrated that only 3. The other needs not to rejoyn to more because it shall be a departure from his Plea Pasch 12. Jac. Ban. Regis Linsey versus Ashton Obligation with Condition to levy a fine upon Garnishment the Shrieve returns him garnished in Debt he pleads that he was not by the Law 28 Edw. 3. 100. pl. 42. 29 Edw. 3. 44. pl. 4. A. enfeoffes B. by deed Poll provided that he pay 20. l. to B. he may re-enter and is bound to perform all Covenants and Payments contained in the deed Poll he is not bound
to pay the 20. l. for it is at his election to pay it or lose the Land Trin. 9 Jac. Ban. Regis Briscoe versus Knight Rott 271. A. is bound to pay a greater summe granted by Indenture to B. and to levy it of his goods and Chattles this is void and therefore no bar 41 Edw. 3. 7. pl. 15. Belknap 46. Edw. 3. 18. pl. 17. Belknap A. conditions that B. shall lease to C. the Land in his Occupation except the Trees this exception is not good unless they were excepted in the Original Lease and then B. ought to shew it Mich. 15 Jac. Ban. Regis Dores Case A. conditions that one shall make a Lease for 16. years and he makes one for ten years if he live so long this is good for it was implyed before Mich. 15 Jac. Ban. Regis per Montague Chief Justice Woolridge Banbury Condition to deliver such a Lease as shall be devised by the Judge of the Court of Audience Non devisavit aliquid c. no bar for he ought to procure him to make one Coke 5. part 23. B. Lambs case The pleading No. Lib. Intra 130. A. A. is obliged to B. in 20. l. upon Condition to pay 10. l. to such a person at such a place and time and that he would name him in his will B. makes his will and names none the Executors shall not have it for as yet the condition is impossible for he ought to be named in deed Trin. 12. Jac. Com. Ban. Pease alii versus Mead. Mich. 11 Jac. Rott 945. The Defendant said that he made another obligation to the Plaintiff the which he did accept in satisfaction of the former this is no bar because it is but a thing in Action Mich. 12 Jac. Com. Ban. Rand. Strut Trn. 6. Jac. Com. Ban. Rott 10001. Lovelace Payment only the Condition a good Bar Coke 8. part 58. A. Beechers case But he to shew the place 5 Edw. 4. 141. B. Payment of Parcel hanging the Writ is not good to abate the Writ without Acquittance 3 Hen. 7. 3. pl. 12. 5 Hen 7. 10. pl. 15. 7. Edw. 4. 15. Vide 28. Hen. 8. Dyer 6. pl. 3. A. is bound to B. in 10. l. and after the date is one clause that he shall pay him 5. l. the Obligation is void Payment there without acquittance is good 30 Edw. 3. 3. pl. 12. But Payment after the day is not good without acquittance 46 Edw. 3. 29. pl. 23. 47 Edw. 3. 13. pl. 14. 5 Hen. 7. 41. pl. 5. A. is bound to pay 20 quarters of Mault and if he pay it not at the day then in 40 quarters in Debt for the 40 quarters he pleads payment without acquittance but not in Debt for the 20 quarters 28 Hen. 8. Dyer 24. pl. 154. 1 Hen. 5. 7. A. Three bound to pay their Rent one payes it the other plead payment without acquittance 45 Edw. 3. 4. pl. 9. A. is boud by an obligation dated 17th of November 12 Jac. with condition of payment the 19th November next ensuing per Curiam payment 19th November 13 Jac. is sufficient for it shall not be intended 19th November in the same moneth Mich. 13 Jac. Com. Ban. Price Coe Conusee had Execution for 20. l. and by Indenture grants that if the Conusor pay 8. l. at a day to come it shall be void this is a good discharge 20 Assize pl. 7. Payment to a Deputy a good Bar 42 Edw. 13. pl. 35. Payment to the Bayly of a Bishop by his command a good Bar 22 Edw. 4. 25. pl. 5. But payment to a servant without command is no Bar unless it comes to the use of his Master Doct. Stud. 38. A. Payment to a Creditor of the Obligee by his command is a good bar 46 Edw. 3. 33. pl. 45. Perkins 145. A. But then he ought to shew that the Creditor was the Creditor of the Obligee 27 Hen. 6. 6. pl. 1. Condition to pay 20 l. to B. assoon as he comes to the Age of 21 years 1. He ought to shew that he is of full years 2. He ought to shew the place where he payd it for otherwise there cannot be any tenure Mich. 12 Jac. Ban. Regis Halse Condition to permit one to enjoy c. he pleads that he did permit him and good 10 Eliz Dyer 279. pl. 6. Defendant said that the Plaintiff was indebted to him and that he commanded him to retain it a good barre 22 Edward 4. 25. 6 5. Acquittance a good barre But an acquittance by a general Receiver without receit of the Money is not good unless he be receiver by deed and hath authority to make acquittances Doct. Stud. 137. B. A. brought debt in ban Regis against B. and that depending brought debt in London and had goods attached in the hands of C. and had Judgement upon them this is a good barr in debt by B. against C. but if A. brings debt against B. and after the debt is attached in London and Judgement given there if the Creditor sue B. he cannot plead the Attachment in barr because he might have pleaded the action brought against him in Com. ban Mich. 39 et 40. Eliz. com ban Jaques versus Lewkner Debt is attachable before the day in which it is payable because the debtor debet although non detinet but an obligation made to performe covenants is not attachable Mich. 39 et 40. Eliz. com ban Beacher versus Minors Coverture a good barr Lib. intra 168. B. sect 1. Infancy a good barr Lib. intra 163 A. sect 1. Non est factum a good barr but not if the deed be inrolled 16 Hen. 5. B. 9 Hen. 6. 60. A Babington 39 Hen. 6. 32. pl. 45. When it is but voidable non est factum no plea Coke the 5. part 119. A. Whelpsdales case 11 Hen. 7. 15. When an obligation is made voyd by statute yet non est factum is no plea Coke 2. part 9. B. Thoroughgoods case When an obligation is once good and after and before the plea be voyd non est factum may be pleaded Coke 5. part 119. A. B. Whelpsdales case When 3 are bound seperatim and the seale of one is broken the other cannot plead non est factum because they are severall obligations Coke 5. part A. Mathewsons case But it is not when 3 are bound without any more Coke 11. part 28. B. Pigots case 3 Hen. 7. 5. Coke 5. part 23. A. But if 2 be bound in debt against one only it cannot be pleaded Coke 5. part 119. A. Whelpsdales case Recovery in an inferiour court of Record with execution a good barr Coke 6. part 45. B. Higgins case But without execution not Coke 6. part 45. A. Recovery is a good barr so long as it is in force Coke 3. part 44. B. Higgins case Release a good barr Two bound to B. which makes the wife of one his
hath a Writ to two Bishops because the Prebendary was in one Diocess and the Church in which the Prebendary is in another Diocess 24 Edw. 3. 37. pl. 56. If a man recover a Chappel donative he shall have a Writ to the Shrieve Nat. br 48. A. Process in a Writ to the Bishop The Process is alias plures Attachment or a Writ de quare non admisit Nat. br 47. C. Of what things a man shall have Judgement 1. A Writ to the Bishop and no damages Coke 6. part 51. A. Boswels case At the Common Law were no damages in a quare Impedit Statute Westm 2. cap. 5. is Si tempus semestre transierit per impedimentum alicujus ita quod Episcopus ad Ecclesiam conferat verus Patronus ea vice praesentationem amittat adjudicentur dampna ad valorem medietatis Ecclesiae pro duobus annis si non transierit sed disrationetur praesentatio infra tempus praedictum tunc adjudicentur dampna ad valorem medietatis Ecclesiae per unum annum The King is not within this Statute to have damages for at the Common Law the King is not in danger to lose his presentation per plenarty Coke 6. part 51. A. Boswells case 3 Hen. 6. Damages 17. 34 Hen. 6. 51. 14 Edw. 3. Quare Impedit 54. 33 Edw. 3. Br. 916. vide 7 Edw. 6. Dyer 236. pl. 28. It is found for the Plaintiff and that the Church is full the Plaintiff may have a writ to the Bishop but then he shall recover no Damages 24 Edw. 3. 35. pl. 42. 75. pl. 97. It is found that the Ordinary presented before his time the Plaintiff releases damages and had a Writ to the Bishop 11 Hen. 4. 79. pl. 22. The Ordinary claims nothing but as Ordiry the plaintiff had Judgement against him the Disturber and his Clerk dyes the plaintiff shall have execution but it seems no Damages Crooke 17 Hen. 7. 43. pl. 9. The Defendant comes the first day and confesseth the Action there shall be a writ to the Bishop but no damages 4 Edw. 2. damages 9. 5 Edw. 3. 133. pl. 13. 5 Edw. 3. 139. pl. 44. Quare Impedit against the Incumbent the King revokes his presentation the plaintiff shall have no damages against the Incumbent 44 Edw. 3. 35. B. The plaintiff shall not have damages against the Incumbent if he pleads not or proved a Disturber 45 Edw. 3. damages 39. but shall recover only the presentation 5 Edw. 3. 13. A writ to the Bishop and single damages 17 Edw. 3. 5. pl. 12. 24 Edw. 3. 37. pl. 54. 26 Edw. 3. 75. pl. 25. A. sues B. C. and it is found that B. only had right B. shall have damages against A. and C. 45 Edw. 3. 14. pl. 12. br Episcopo Quare Impedit against the Ordinary and B. the Ordinary confesses the Action and it is found against B. and that the Church is full of the presentment of B. the Plaintiff shall have a Writ to the Bishop and single damages or double damages and no writ 39 Edw. 3. 15. But shall not have both 5 Edw. 3. 150. pl. 10. The Defendant confesses the Action the Plaintiff shews that the six Moneths are past and had a Writ to the Bishop and damages 21 Edw. 3. 55. pl. 8. 20 Edw. 3. Collusion 34. 6 Edw. 6. Dyer 76. pl. 35. The Plaintiff and the Ordinary are at issue upon the ability of the Incumbent the Ordinary admits him the Plaintiff shall have a Writ to the Bishop and single damages for the admittance proves him able 40 Edw. 3. 25. pl. 21. A Writ to the Bishop and a Writ to the Shrieve to enquire of damages 19 Edw. 3. Quare Impedit 156. 24 Edw. 3. 37. Lib. intra 507. C. Sect. 6 7 8. It was found that the Metropolitan collated before his time the Plaintiff shall have a writ to the Bishop but then he shall have but single damages 11 Hen. 4. 80. Nat. br 38. P. The Bishop grants proximam praesentationem to B. and dyes the Church voids the Successor collates B. brings his Quare impedit within 6 Moneths two years pass the Plaintiff had judgment and upon his payer to remove the Incumbent and single damages and a writ to the Bishop or Metropolitan at his election â— et 3 Mariae Eliz. Dyer 194. pl. 3â— Quare Impedit against the Ordinary which Collates and pleads to the plaintiff that the 6 moneths are passed the plaintiff recovers the presentation land single damages for where the Ordinary claims as â—vowee where hâ— cannot maintain the right he cannot collate as ordinary for the time past 5 Edw. 3. 150. pl. 19. Coke 5. part 58. B. 30. Edw. 3. 15. pl. 4. The same law is upon recovery against another man if the plaintiff will at his perill have a writ to the Bishop 6 Edw. 6. Dyer 77. pl. 35. 11 Hen. 4. 79. pl. 22. Quare Impedit against the Bishop of I. the Metropolitan and against G. his Clerk they make default at the grande distresse and a writ of enquiry of the points and damages and found that the Church was void 2 years and that the Metropolitan collated G. and Judgment that the plaintiff shall have a writ to the Bishop and single damages and the defendant in misericordia 7 Eliz. Dyer 241. pl. 48. A Writ to the Bishop and double damages Quare Impedit against the Ordinary and B. the 6. moneths passe the plaintiff shall have double damages although the ordinary did not collate because he had jus conferendi and also a writ to the Bishop 43 Edw. 3. 10. pl. 33. The plaintiff recovers double damages because the 6 moneths were passed and also a writ to the Bishop and his Clerk instituted because the Bishop did not collate but this was not done by the party 8 Edw. 3. 280. pl. 9. A man mall recover double damages although he recover all before the 6 moneths passe 13 Edw. 4. 3. Littleton Single damages and no writ to the Bishop Before the returne of the writ to enquire of damages the 6 moneths passe the Bishop collates yet but single damages 24 Edw. 3. 35. pl. 13. 27 Edw. 3. Damages 106. But the reason it seems is because of the former Judgment that he shall have a writ to the Bishop and this being of Record shall stop him 22 Hen. 6. 28. Damages but no writ to the Bishop Quare Impedit against a Parson imparâ— parsonee and found for the defendant he shall shave damages but no writ to the Bishop Nat. br 38. L. 26 Hen. 6. bre Episcopo 6. Double damages and no wrâ—t to the Bishop Quare Impedit against the ordinary and B. the ordinary confesseth the action and it is found against B. and the Church is full of the presentment of B. the plainâ—iff shal have double damages but no writ to the Bishop or shal have single damages and a writ to the Bishop at his election 39 Edw. 3. 15. The Ordinary
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
Rich. 2. cap. 7. because damages are only to be recovered 21 Edw. 4. 3. 2 Henry 7. 17. pl. 1. 47 Edw. 3. 22. pl. 54. 46 Edw. 3. 1. pl. 2. And note none may plead this but the Terretenant 2 Hen. 7. 17. pl. 1. In five ports the writ is Dilecto fideli suo W. Constabular Castri sui D. Custodi quinque Portuum suor salutem Mandamus vobis quod Audita quaerela A. de quadam transgr eidem A. per B. qui est de libertate Portuum praedict illat ut dicitur auditisque hinc inde earum rationibus eidem A. facias exhiberi celeris justiciae complâ—mentum prout de jure secundum legem consuetudinem portuum praedict fuerit faciend ne clamor ad nos inde perveniat iteratus c. Who shall have Trespass Note that he that taketh only the profit of the soyl of another shall not have a Quare clausum fregit 15 Henry 7. 14 Henry 8. He that hath certain acres annuatim shall have Trespass Administrator shall have Trespass for goods of the Intestate taken out of the possession of the Administrator Regist orig 94 A. 22 Edw. 4. 120. pl. 32. the Count Lib. intra 649. D. sect 1. Administrator shall have Trespass for goods taken out of the possession of the Intestat Nat. br 92. A. 14 Henry 7. 13. Tremaile the Connt Lib. intra 640. A. sect 1. An Executor shall have it p. 4. Edw. 3. cap. 6. and the Statute of 31. Edw. 3. gives the same remedy to an Administrator but this is by the equity of the Statute 4 Edw. 3. cap. 7. Crook 24 Hen. 7. 101. B. pl. 2. An Administrator shall have an Action of Trespass before the administration committed to him but not against him that justifies under the Ordinary 18 Henry 6. 22. pl. 7. 36 Henry 6. 8. A. Prisott Register original 102. B. But if the Administration be committed by word to A. who sells it to B. and dyes and is committed to C. quaere if C. shall have Trespass for it Alien friend shall have all Actions personals 6 Henry 8. Dyer 2. pl. 8. Coke 7. part 17. A. But an alien Enemy shall have no Action 6 Henry 8. Dyer 2. pl. 8. Coke 7. part 17. A. 14 Henry 8. 4. Husband and wife Executrix to B. joyn in Trespass for taking the Goods during coverture 21 Edw. 4. 5. per Littleton Trespass done to the wife sole which takes a Husband they shall have Trespass in their names Nat. br 87. H. Regist orig 95. A. 21 Hen. 6. 30. pl. 16. Lib. intra 6. 50. C. sect 3. and it shall be bona catalla of the wife 7 Henry 7. 2. vide 14 Elizabethae Dyer 305. pl. 59. the Count Lib. intra 650. C. sect 3. Husband and wife joyn in Trespass for the beating of the wife 46 Edw. 3. 3. pl. 5. 22. Assise 60. 87 Regist 105. B. Lib. intra 612. 668. C. sect 4. So for imprisonment of the wife Coke 5. part 59. A. Fosters case But if they joyn for battery of both this abates for the battery of the Husband 9 Ed. 4. 54. 3 Edw. 3. brev 737. And if they brought a Trespass for beating and taking away of Goods the writ shall say de bonis of the husband for the wife cannot have a property during the coverture Regist orig 105. B. And if the Husband and wife are beaten they shall have several Actions Regist orig 105. in the Note quia transgressio personalis Trespass quare domum suam fregit maremium inde c. good by the Husband alone because he may pull it down and sell it 43 Edward 3. 16. pl. 15. fol. 26. pl. 6. So for entring and chasing and carrying away of the Deed although the wife had a joynt estate yet it is a personal thing 43 Ed. 3. 8. pl. 23. So for Deeds concerning the Land of the wife 8 Hen. 5. 9. pl. 13. So in trespass upon the Statute 5 Richard 2. cap. 7. because he only shall have dammages 38 Henry 6. 3. pl. 9. 4. Edward 4. 13. So for taking away of his wife and his goods Nat. brev 89. O. 14 Henry 6. 2. pl. 11. 6 Edw. 3. 208. pl. 2. 43 Edw. 3. 23. pl. 15. 44. Assize pl. 13. Regist orig 97. A. for this is given by Westm 1. cap. 13. Westm 2. cap. 34. Quando breve fertur de aliquibus ad liberum tenementum annexis fiat in nomine amborum sed si sit deâ—rebus libero tenemento non annexis in nomine viri tantum sed si sit de domo fracta sit in nomine amborum sed alii Clerici dicunt quod fiat in nomine viri tantum Regist orig 108. B. Vide tamen in nomine amborum de clauso fracto bona c. Lib. intra 640. B. sect 4. fol. 662. D. sect 21 Rich. 2. brev 933. The King collates and the Shrieve puts him in he shall have Trespass Nat. br 37. D. Commoner shall not have Trespass for any thing in the Land 4 Hen. 7. 3. 15 Henry 7. 13. pl. 1. fol. 12. pl. 23. A. le ts Land to B. for to sow and A. to have the moyety of the Corn yet B. cannot have trespass Quare clausum fregit against him for wasting of the corn Hill 30 Eliz. Hare versus Oakley And although this was not pleaded in abatement yet the special matter being found the Plaintiff shall not have judgement because it appears to the Court they cannot be disjoyned to have an Action in such form He to whose use shall have Trespass in his own name but in the name of the Feoffees Crook 17 Hen. 7. 41. pl. 2. Copyholder shall have trespass for the breaking his close and cutting his Trees 2 Hen. 8. 4. 12. Coke 4. part 21. B. No. lib. intra 644. C. sect 3. the pleadings He shall have it against the Lord 20 Edw. 3. 80. Coke 4. part 22. A. Disseisee shall have Trespass for the mean profits and all other things after his entry Coke 11. part 51. A. Liffords case 3 Henry 4. 13. pl. 18. Gascoigne 37 H. 6. 7. pl. 13. But before his entry he shall not have Trespass for his former entry 32 Hen. 6. 32. A. 38 Henry 6. 28. A. Fortescue Unless in case of necessity as Tenant for the life of another is disseised and he that hath the life dyes or Tenant for years outed and the years expire they shall have Trespass afore the entry and recover the mean profits 38 Hen. 6. 28. B. Executor shall have Trespass for goods taken out of the possession of the Testator Nat. br 87. E. Regist 98. A. And the writ shall not say ad grave damnum neque in retardationem executionis testamenti Regist orig 98. A. the Count Lib. intra 640. A. sect 2. But this was given by the 4 Edw. 3. cap.
B. shall have Trespass before possession for he hath the property in Law 2 Edw. 4. 25. per 2 Justices Coke 3. part 26 27. Butler Baker Trespas brought it was found by office that the other was Tenant and that it escheated to the King this shall abate it as to the things upon the Land Com. 488. B. Nichols case 546. A. 19 Edw. 4. 2. pl. 5. He that enters upon the possession of the King shall not gain possession therefore he shall not have trespass Com. 546. A. Paramors case 2 Hen. 4. 7. pl. 29. Or upon a Farmor of the King 2 Hen. 4. 7. pl. 29. But he that outs the Farmor the King shall have trespass Com. 546. A. Paramors case The King shall have trespass Nat. br 90. I. Regist orig 99. A. And in this Case the party cannot make fine because the dammages are to the King himself 10 Hen 4. 3. pl. 7. But for trespass in the Kings lands there use to be an information in the Chequer Nat. br 90. I. And in such case the judgement is that the party shall be removed and put out of possession although that it be but a personal sute and the removal shall be by writ formed in the case Com. 561. B. But the King may have a Trespass Quare clausum fregit Nat. br 90. I. The Queen shall have trespass without the King Nat. br 101. Recusancy shall be pleaded in disability for as many Hereditaments as are not seised into the Kings hands 3 Jacobi chapter 5. A Bishop shall not have an Action of Trespass made in the vacation 39 Edw. 3. 12. pl. 18. 18 Edw. 2. traverse 237. Vide tamen Regist 101. A writ formed in such case for the succeeding Bishop Master of an Hospital shall have an Action of Trespass for a thing done in the time of his Predecessor Nat. br 89. G. Regist orig 196. B. the writ there Tenant at will shall have trespass against a Stranger 19 Hen. 6. 45. pl. 94. 12 Edw. 4. 8. pl. 20. 35 Hen. 6. 5. pl. 7. For entring his Close and burning his hay 35 Hen. 6. 5. pl. 7. Copyholder shall have trespass Coke 4. part 31. A. 2 Henry 4. 12. pl. 49. Coke 4 part 4. 21. B. 23. B. and this before his admission per discent The joyn in trespass touching Tenants Littleton sect 315. 18 Hen. 6. 5. 14 Hen. 6. 9. pl. 38. 12 Hen. 6. 4. pl. 11 4â— Edw. 3. 13. 5 Hen. 4. 1. 14 Hen. 4. 31. 43 Edw. 3. 24. pl. 3. 22 Hen. 6. 12. But if one dyes the other shall have an Action for all 43 Edw. 3. 24. pl. 3. They ought to joyn in Trespass 5 Rich. 2. cap. 7. 34 Hen. 6. 32. pl. 16. 4 Edw. 4. 18. 21 Hen. 7. 22. Note for battery they shall not joyn Regist orig 105. B. A. had male Swans B. female which having young ones for the young ones they shall joyn because they are Tenants in Common Coke 7. part 17. A. 2 Richard 3. 15 16. One Tenant shall not have trespass de bonis asportatis against his companion that takes them Lib. intra 653. B. sect 3. Tenant for anothers life is disseised he that had the life dyes Tenant for anothers life shall have trespass without reentry because the Act of God shall not prejudice him 19 Hen. 6. 28. B. Aschough Coke 5 part Kniets case Tenant at sufferance shall not have trespass Crook 17 Hen. 7. 47. A. If a man be outlawed or attainted in trespass or felony and pardoned he shall have trespass for trespass done to his person before the pardon 29 Assize pl. 63. No. Lib. intra 248. A. 30 Edw. 3. 4. pl. 18. But for other trespass quaere 5 Edward 3. 170. But before Scire facias he cannot without doubt because the pardon was conditional 21 Edward 3. 55. pl. 7. Against whom Trespass lyes Administrator takes the goods of B. which proves as will by which he was made Executor and brought Trespass and it lyes although the administration were never repealed for the administration was voyd and the Administrator a Trespassor Mich. 12 Jac. Ban. Regis Fisher Young A. makes a Trespass B. agrees to it afterwards and avows yet B. is no Trespassor 9 Edw. 3. 35. pl. 17. Trespass lyes against an Alien Digest br 72. A. Person attainted shall be sued Mich. 38 39 Eliz. Com. ban Banister Trussell No. lib. intra 248. A. Infant makes a Letter of Attorney to A. to take a Livery for him A. takes it the Infant shall not have trespass because it is for his advantage 21 Hen. 6. 31. B. Ascue Trespass De muliere abducta cum bonis c. gift against husband and wife because the wife may assent to the Ravishment and also to the carrying of the Goods 43 Edw. 3. pl. 15. 44. Assize 13. Trespass against Husband and wife the wife is taken by Capias but not the husband Dodderidge and Haughton Justices said that if the Declaration be against the wife alone it is not good and if there be no Declaration the wife shall be at large but afterwards Dodderidge said a Declaration shall be put in against the Husband and wife and the wife appearing shall be committed to prison to which Crook agreed yet qâ—aere what was done in it Mich. 15 Jac. Ban. Regis Ashewell against Opshard and his wife If the Woman beat another the Husband must be named in the Writ Register original 105. B. Lib. intra 612. A. sect 11. Trespass lyes against him that commands another to do a Trespass Doct. Stud. 19. A. tamen quaere It lyes against a Master of an Hospital and his brethren Register Original 105. B. It lyes against a Dean and Chapter 32 Hen. 6. 8. pl. 13. It lyes against a Maior and Communality Quare vi armis 38 Edward 3. 18. 8 Henry 6. 1. 9 Henry 6. 36. 20 Henry 6. 9. 15 Edward 4. 2. 4 Henry 7. 13. 32 Henry 6. 10. But no Capias lyes against them because they cannot appear in person 45 Edw. 3. 2 3. 22 Assize 67. 21 Edw. 3. 59. pl. 1. Disseisee shall have trespass against his Disseisor before his entry for the former entry 32 Hen. 6. 32. 38 Hen. 6. 28. A. Fortescue But after his entry he shall have trespass against the Disseisor for all the mean profits Coke 11. part 51. A. Liffords case 3 Hen. 4. 13. pl. 18. Gascoigne 37 Hen. 6. 7. pl. 12. But shall not have trespass against the Disseisor of the Disseisor for then the last Disseisor should be twice charged Coke 11. part 51. Neither against the Feoffee or Feoffor of the former Disseisor 34 Henry the 6th 30. pl. 14. 13 Henry the 7th 15. Coke 11. part 51. Liffords case 2 Edward 4. 18. pl. 12. per 2 Justices Crook 12 Henry 7. 1. pl. 2. But
away his son and Heir and marrying him Nat. br 90. H. 29. Assize 35. 3 Edw. 4. 12. B. Danby 21 Hen. 6. 14. pl. 29. Nat. br 143. R. The Writ is quare filium haeredem and yet he is not heir during his life 8 Edw. 3. 2. Travers 235. For taking away his daughter and marrying her Regist orig 98. B. Heir Regist orig 99. A. Coke 3. part 38. Ratcliffs case 12 Hen. 4. 16. pl. 9. Consanguineum haeredem suum rapâ—â—â— Nat. br 143. R. 30 Edw. 3. 6. pl. 7. fol. 16. pl. 19. And needs not mention that he is within age because he shall have his marriage c. 32 Edw. 3. Gard. 32. For taking away a woman cum bonis viri upon the Statute of Westm 2. cap. 34. Nat. br 89. O. 6 Edw. 3. 208. pl. 2. 14 Hen. 6. 2. pl. 11. the Count Lib. intra 662. C. sect 1. And this lyes although they are divorced 43 Edw. 3. 23. pl. 15. 4. Assize pl. 13. Assault Battery and wounding the Count Lib. intra 668. C. sect 4. Imprisonment until fine be made 6 Edw. 3. 208. pl. 2. For threatning my servant per quod Regist orig 94. B. The Plaintiff needs not count upon the Retainer 21 Hen. 6. 31. pl. 18. 22 Hen. 6. 30. B. 43. B. 31 Hen. 6. 12. pl. 2. Assault and Battery per quod c. Regist. orig 102. A. Nat. br 91. I. The Count Lib. intra 613. B. sect 19. 674. C. Sect. 1. he ought to say by which he lost his service Cike 9. part 113. A. 18 Edw. 4. 27. pl. 24. 2 Hen. 4. 12. pl. 49. 20 Hen. 6. 1â— and there it was Quod servitium amisit and good without this word per. Battery Mayheme and imprisonment per quod c. Trespass lyes Crooke 7 Hen. 8. 80. pl. 4. If the Count be not per quod servitium amisit although that Verdict pass for the Plaintiff yet he shall never have judgement 21 Hen. 7. 71. pl. 15. Crooke For enticing my servant to depart Trespass lyes not but an action upon the case 11 Hen. 4. 3. pl. 46. For taking away his Prentice Regist orig 109. A. Per Goaler for taking away his pisoner Regist orig 104. A. 4 Edw. 4. 6. pl. 7. For taking his Captive from him Regist orig 95. A. 102. B. Vat. br 88. A. Si quis diâ—â—ringit ordine non observato facit transgressionem Bracton Lib. 4. fol. 217. A. Averia cepit abduxit Regist origin 97. B. The Count Lib. intra 628. B. Sect. 1. 670. B. Sect. 1. Note for live cattel the writ shall be cepit abduxit Nat. br 88. B. 21 Hen. 6. 39. pl. 5. 12 Hen. 8. 9. B. And the Writ for live cattel shall be Averia sâ—a or shew the thing in certain 21. Hen. 6. 39. pl. 5. And if the thing be dead or alive it is not material if the writ be pretii seu ad valentiam Nat. br 88. â— For taking away his Boar Regist orig 110. B. For taking away his Oxen Regist orig 110. B. For taking away his Mastiff Coke 7. part 18 A. 12 Hen. 8. 3. Regist orig 109. A. but he shall not say pretii or ad valentiam 12 Hen. 8. 5. A. Elliot Regist orig 109. A. For taking away his Capons the Writ was bona catalla and good 17. Edw. 3. 41. pl. 19. For taking away his Conies out of his Close the Writ shall be sâ—os Nat. br 87. A. Regist orig 93. B. 102. A. So if it be in a Park Regist 110. â— But if it be for entring in to his Waâ—râ—n and taking his Conies he shall not say sâ—oâ— for he hath them but ratione privilegii 3 Hen. 6. 55. pl. 34. Regist orig 110. A. Coke 7. part neither the value 8 Edw. 4. 5. pl. 16. Lakin The Writ was Quare Warrennam intravit cunicâ—los cepit asportavit without saying ibidem and yet good 43. Edw. 3. 13. pl. 7. If Conies go out of a Warren any may kill them in his own land and no action lyes Coke 5. part 104. 43 Edw. 3. 13. pl. 7. Deer if they be tame he shall say suas but then he ought to shew that they were tame 43 Edw. 3. 24. pl. 2. But if it be in a Park or Chafe he shall not say suâ—s because he hath them but ratione privilegii For taking away young Hawks he shall say suos because he hath a property possessorie Coke 7. part Regist orig 93. B. 96. B. 110. B. Nat. br 89. K. So if they be reclaimed For taking away a horse Regist orig 95. A. Nat. br 87. M. the Count No. Lib. intra 666. B. Sect. 15. Lib. intra 682. D. For his Sheep Regist orig 110. B. For taking his Fish this is good although the Count be of a hundred Fishes because this word Piscis est nomen Collectivum 4 Hen. 6. 11. Coke 5. part 35. 21 Hen. 6. 39. But the Count ought to shew the nature and number of the Fishes Coke 5. part 35. 31 Hen. 6. 39. De tauro suo libero Regist orig 109. A. Oves fugatas per quod morierunt Lib. intra 616. B. Sect. 1. Nat. br 89. L. Regist orig 97. A. Porcos fugatos per quod interierunt Regist orig 97. A. Nat. br 89. L. There he shall say the price because Cepit implies that he had gained a property but it is otherwise if this word be put out 1 Hen. 5. 3 4. But Regist orig 97. B. fuit Cepit abduxit without shewing the price because it may be he was seised of the Cattel Cepit in S. interfecit at W. contra pacem c. nought because Cepit implies a property and then contra pacem is not good 27 Assiz 64. Averia ad loca incognita fugata upon the Statute of Marlebridge cap. 4. Regist orig 97. A. 102. A. 30 Assize 38. Nat. br 89. N. De Com. in com ibidem imparcata upon the Statute of Marlbridge cap. 4. Westm 1. cap. 16. 1 2 Mariae cap. 12. Regist orig 97. B. 1 Eliz. Dyer 168. pl. 20. 2 Eliz. Dyer 177. pl. 32. Nat. br 89. P. And there are two causes of so doing 1. he cannot give them meat 2. they cannot be replevyed 22 Edw. 4o. 11. Note upon these cases upon the Statute the Writ shall not be general but special upon the Statute 43 Edw. 3. 30. pl. 16. The Action was of a Cow the Count Lil. intra 464. C. Pound For Marlebridge cap. 4. saith districtiones but not upon 1 2 Mariae cap. 12. for the Statute saith Cattel and upon the second branch it lyes well because it is there cattel or goods The Count was of taking in one Country 1 Eliz. Dyer 168 pl. 20. In this action the place of the taking is material because the distance of the place makes
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