If A. gives money to B. to carry to C. yet C. shall have debt count Lib. intra 159. sect 1. Outlawed person shall not have debt 16. Edw. 44. 7 Hen. 4. 1. pl. 6. Against whom Debt lyes Abbot shall be charged for debt due by him which enters in Religion Nat. br 121. O. 5. Hen. 5. 8. pl. 18. But the 45 Edw. 3. 10. pl. 1 to the contrary If Accomptant be found in Arrerages Debt lyes against him Debt at the common law against the Committees of the Ordinary but this was by the name of executors and only for goods which came to their possession 38 Edw. 3. 26. 42 Edw. 3. 2. Coke 9. part 39. B. Hensloes case But by 31 Edw. 3. Cap. 11 they are chargeable by the name of administrators in the same manner as executors are 38 Edw. 3. 2. pl. 3. 41 Edw. 3. 2. pl. Coke 9. part 39. Hensloes case Plene administravit special No. Lib. intra 269. Recovery against one administrator upon a nihil dicit no plea in debt against all Hill 38 Eliz. Com. Ban. Furthow versus Furthow If an Administrator wast the goods and after the Administration is disolved and granted to another Debt lyes against the former Coke 6. part 18. et 19. Packmans case A. being executor of his own wrong takes Administration quaere how he shall be sued Crooke 127. pl. 91. Termor assignes his term to another the lessor shall have Debt against the assignee Coke 3. part 25. B. Walkers case If two Joynt-tenants of a Term the one assignes to B. the other dyes debt lyes for the rent against the assignee the executor of the dead for rent after his death for it shall be mischievous to compell the Lessor to bring several actions Mich. 14. Jac. Ban. Regis Bayliffes and Burgesses de Ipswichs case If an Attorney suffer another to follow any matter in his name he forfeits 20 l. and the party greived shall have Debt per. 3. Jac. cap. 7. Debt lyes against a person attained Mich. 38. et 39 Eliz. Com. Ban. Banister et Trussells case No. Lib. intra 148. A. If I. deliver money to deliver over for Merchandize or to give in Alms or upon Condition to be performed to redeliver if the party breaks the trust debt lyes 28 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6. 39. pl. 31. 42. Edw. 3. 9. pl. 7 Crooke 21 Hen. 7. 69. pl. 2. per Frowicke If the husband give authority to his wife he shall be charged by contract made by her otherwise not Nat. br 120. G. Unlesse it be for a parrell convenient for his wife 11 Hen. 6. 30. B. For unlesse it be convenient he shall not 7 Eliz. Dyer 234. pl. 17. The husband alone shall be charged for arrerages of rent-service in his time Nat. br 121. C. Crooke 125. pl. 83. And so of a rent-charge Coke 4. part 49. B. 26 Edw. 3. 64. But for an obligation made by the wife afore coverture he shall not be charged after the death of the wife Nat. br 121 C. 120. F. 49 Edw. 3. 25. B. 20 Hen. 6. 22. Unlesse recovery be between them during the life of the wife Nat. br 121. C. A woman covert being sole Merchant may be sued in London by the custome without the husband but not in com Ban. 9. Edw. 4. 3. And his wife covert by the name of his wife fole are obliged it lyes not against the wife because it is void 14 Hen. 4. 30. pl. 39. Husband and wife are bound the husband alone shall besued because it is void against the wife 43 Edw. 3. 10. pl. 31. 45. Edw. 3. 11. pl. 7. 3 Hen. 4. 1. pl. 4. Debt lyes against the husband and wife for rent upon a lease to the Husband and wife 45 Edw. 3. 11. pl. 7. So if it be that they double the rent 45 Edw. 11. pl. 7. But not if it be with nomine poenae 45 Edw. 11. pl. 7. When a woman in debt takes a husband they both shall be sued Coke 5. part 36. A. 12. Hen. 4. 1. pl. 1. Nat. br 120. F. Debt lyes against a counsor of Statute Merchant Staple or Recognizance Nat. br 122. D. 11 Hen. 6. 49. pl. 7. Coke 3. part 15. Harberts case 36 Hen. 6. 2. pl. 2. 22 Eliz. Dyer 369. pl. 52. 39 Hen. 6. 3. pl. 5. Debt lyes against a Customer after Liberate delivered to him if he hath assets Nat. br 121. F. So after a Tallee delivered 27 Hen. 6. 9. pl. 1. So against a Collector of Tyths and fifteens 37 Hen. 6. 15. pl. 5. Debt lyes against an Enfant for Tabling apparel 18 Edw. 4. 3. A. For Rent upon a Lease for years 21 Hen. 6. 31. B. For an Escape if he be a Goaler Doct. stud 147. B. For a thing as executor Coke 5. part 27. B. Russells case Debt lyes against an executor although he be not bound 45 Edw. 3. 17. pl. 4. Debt by the daughter against the executor of her father which had levyed ayd to marry her per Westm 1. cap. 35. Nat. br 83. A. et 122. G. Debt lyes against executors of the Ordinay which will not deliver the administration to another Nat. br 120. D. com 280. A. Debt lyes against an executor of an heir Lib. intra 172. C. sect 4. 18 Eliz. Dyer 344. pl. 1. Against an executor of a shrieve for not retorning a Knight of the Parliament 23 Hen. 6. cap. 15. Debt against an executor of his own wrong Coke 5. part 30. Coulters case et 33. et 34. Reads case And the count was generall although he took letters of administration Executor shall not be charged upon surplusage of account Coke 9. part 87. A. Pinchons case because the testator may wage his law 29 Edw. 3. 26. 22 Hen. 6. 41. 38. Hen 6. 6. 14 Hen. 6. 24. But if an executor assigne Auditors they shall be charged in debt for the surplusage 10 Hen. 6. 24. pl. 84. If an executor account debt lyes for the Arrerages 2 Hen. 4. 13. pl. 2. 19 Hen. 6. 5. A. Fortescue Executor shall not be charged for arrerages upon an accout before the same party Lib. intra 149. B. sect 3. But for Arrerages before Auditors he shall because Auditors are Judges of record per Westm 2. Lib. intra 149. B. sect 5. the count there Debt against an executor for Arrerages of an Annuity after it is determined Lib. intra 151. C. sect 1. 45 Edw. 3. execution 71. Debt against an executor Outlary in the testator no barr 14 Hen. 6. 14. 21 Hen. 6. 3. quaere 3 Hen. 6. 17. But an Outlary at the time of the death a good barr or where he was a Villein to the King 8 Edw. 4. 6. pl. 7. Doct. et Stud. 11. 12. 36 Hen. 6. 27. pl. 38. Debt lyes not against an executor upon an escape unlesse Judgement be given against the Testator 10. Eliz.
Dyer 271. pl. 26. 15 Eliz. Dyer 322. pl. 15. 41. Assiz 15. Coke 9. part 87. A. It lyes not against an executor upon a taylee ensealed by the Testator 12 Hen. 4. 23. 25 Edw. 3. 40. pl. 9. It lyes not upon a simple contract but if he plead in barr and it be found against him it shall com 182. A. 10 Hen. 6. 24. So in London by Custome 1 Edw. 4. 6. Lessee for years grants his Terme his executor shall not be charged for Rent due after his death Coke 3. part 24. A. Walkers case Debt for one retained according to the statute it lyes against the executor without specialty 2 Hen. 4. 14. 4 Hen. 6. 19. Goaler refusing one committed by the Colledge of Physitions forfeits double the Fine per Marleb 1. cap. 9. If a man Levy Ayd for the marring of his daughter and dyes if his executors have not sufficient Debt lyes against the heire Nat. br 83. A. per Westm 1. cap. 35. Nat. br 122. G. Debt lyes against an heire upon the obligation of his father if he hath assets and be bound Nat. br 120. C. et I. But if he alien the Assetts before the Action brought he shall not be charged Coke 5. part 60. A. Regist orig 140. A. 27 Edw. 3. 7. B. 10 Hen. 4. pl. 14. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 3. 32. pl. 22. Unlesse it be fraudulent to deceive creditors Coke 5. part 60. Gooches case And if they be heires in Gavill kind they shall all be charged 7 Eliz. 239. pl. 39. Dyer the count Lib. intra 208. D. 11 Edw. 3. debt 7. But if all alien but the eldest he shall be charged sole The count against an heire Lib. intra 172. B. sect 1. No. Lib. 126. B. The count needs not shew that he hath assets for it shall be intended unlesse the contrary be shewed 18 Eliz. Dyer 344. pl. 2. 11 Hen. 6. 2. pl. 6. But nothing by descent in fee-simple is a good bar by him Lib. intra 172. B. sect 1. the day of the purchase of the writ But debt lyes not against an heire upon a statute Marchant Staple or Recognizance because he is not bound Coke 3. part 15. A. Harberts case Goaler suffers an escape his heir shall not be charged 15 Eliz. Dyer 322. pl 25. Grandfather father and sonne or father and his two sonnes or Grandfathers two sonnes who have two sonnes the heire mediate shall be sued in debt as well as if they were immediate heirs 22 Eliz Dyer 368. pl. 14. 7 Eliz. Dyer 239. pl. 39. Right shall not be assetts Disseisee obliges him and his heirs and dyes this is not Assets for it is but a Right discened Pasch 6. Jac. com Ban. Molineux versus Molineux Right without an estate in possession Reversion or remainder is not Assets untill it be reduced into possession Coke 6. part 58. Bredimans cases Land in antient demeasue shall be assets 7 Hen. 4. 14. pl. 11. Coppyhold Land is not assets to the heire Coke 4. part 22. A. If an heir alien bona fide before the Action brought it shall not be assets Coke 5. part 60. A. Gooches case 27 Edw. 3. 78. pl. 16. 10 Hen. 7. 8. pl. 17. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 32 pl. 22. If Land descend to the heire although he enter not yet it is assets 42. Edw. 3. 10. pl. 12. The Grandfather makes a feoffement in Fee to the use of the heire of his body and dyes per 26 Hen. 8. the father enters and obliges him and his heirs and dyse quaere 182. Marie Dyer 111. pl. 46. Reversion expectant upon an estate Tayle is not assets because it lyes in the will of tenant in tayle to Dock and barr it at his pleasure Coke 6. part 58. B. Bredimans case et 42. A. Mildmays case Franktenement descendible express is not assets Coke 10. part 98. A. Seymors case Rent-seck descendable is not assets untill seisin Coke 6. part B. Bredimans case If the heire had not Assets in debt and afterwards assets come to his hands the first judgement is no barr of the action 19 Hen. 6. 37. A. Markham The profits of the heire at the time of the descent are sufficient and this shewed to the Court and the heire cannot deny it there shall be a general judgment against him per Dyer 18. Eliz. Dyer 344. pl. 1. The heir confesses the action and sayes that he had nothing but a Reversion descended to him there the Plaintiff shall have judgement to recover the said reversion to be levyed when he comes in possession and shall have a speciall writ of extent 23 Eliz. Dyer 373. pl. 14. If the father recover and error be brought against the sonne and a recovery against him he shall not render damages unlesse he hath assetts of other Land in Fee-simple If one be robbed he shall have debt against the Hundred per 27 Eliz. cap. 13. Debt lyes against a leessee at will for rent during the Term Coke 5. part 10. So against a lessee for years Nat br 120. H. And this during the term Coke 4. part Or after the term ended by effluction of time Coke 3. part 23. B. By limitation By condition in law In deed Common Law Nat. br 120. H. Statute Law ' 19 Hen. 6. 42. A. wast Nat. br 120. H. reentry Coke 3. part 23. B. Walkers case 30 Edw. 3. 7. 17 Edw. 3. 48. et fol. 73. pl. 107. It lyes not against tenant for life so long as his estate continues Coke 4. part 49. A. 11 Hen. 6. 14. pl. 4. But yet by the Statute 32 Hen. 8. cap. 37. the executors of a Lessor shal have debt during the est ate for life Coke 4. part Debt lyes not against the Master upon the buying of the servant unlesse it comes to his use or by his assent Doct. et Stud. 137. A. Debt lyes against an Ordinary when a man dyes intestate Nat. br 120. D. Coke 5. part 83. A. Snellings case et 9. part 39. B. 11 Hen. 7. 1 2. 9 Edw. 4. 33. Danby 18 Hen. 6. 23. com 277. 8 Eliz. Dyer 247. The Ordinary administers and then grants administration yet debt lyes against the Ordinary but it was sayd that such administration ought to be alledged in the Dioces of the ordinary 12 Rich. 2. Administrator 21. But note no Debt lyes against the ordinary after that he hath committed administration to another 8. Eliz. Dyer 247. pl. 73. Debt was brought against the father for the sons commons in a Colledg in Oxon although the father had delivered it to the Tutor of the sonne Pasch 9. Jac. Ban. Regis St. Johns in Oxford against Brickenden Debt lyes against him that becomes pledge without deed Nat. br 122. K. 18. Edw. 3. 13. pl. 7. Finchden A. borrowed of B. 20 l. to pay it at Michaelmas at which day D.
executrix and devises his goods to her this is a good releas of the debt for if the obligee make the wife of the obligor his executrix this is a release in Law because it is suspended by the act of the party Trin. 12. Jac. com ban Fryer versus Gildridg A release of all advantages in account a good barr in debt upon an account 9. Edw. 4. 49. Coke 8. part 152. A. Althams case A. is bound to B. to the use of C. the release of C. is a good barr 36 Hen. 8. br obligation 27. Defendant said that the agreement was for the obtayning a benefice this is nought 1 the statute makes the contract void 2. It cannot be averred out of it Mich. 40 et 41 Eliz. com ban Gregorie versus Olden Defendant pleads that the obligee accepted of a statute for the obligation after the day this is no barr because the obligation is in force notwithstanding Coke 6. part 44. B. Higgins case The condition was to save the surety harmlesse no plea that the former bond was usurious because the counter bond was not for payment of money Mich. 40 et 41. Eliz. com ban ban Dowman versus Button The Judgment in debt The Judgement Lib. intra 173. B. sect 1. Arrerages of account the executor pleads no such account or nothing in arrere or outlary in the plaintiff and it is found against him the Judgement shall be de bonis Testatoris 34 Hen. 6. 22. A. Danby A covenant broken after the death of the Testator the Judgement shall be de bonis Testatoris 15 Eliz. Dyer 324. pl. 34. Nothing in Arrere in debt for rent due in vita testatoris or no such lease the Judgment shall be de bonis testatoris 34 Hen. 6. 22. A. Danby Accquittance or release pleaded and found against him if it be pleaded and made to the executor the Judgement shall be generall 11 Hen. 6. 8. A. Danby 34 Hen. 6. 24. A. Prisot Non assumpsit of the Testator to pay the debt the Judgement is of costs and damages of suit de bonis propriis if the Testator had not sufficient No. Lib. intra 1. B. sect 1. The executor found in a Cheft a graunt of the next avoydance made to the Testator and presentation there upon a Recovery in a quare impedit against him the Judgement shall be of his proper goods 34 Hen. 6. 22. B. Prisot Coexecutor pleades and found against him the Judgment shall be de bonis testatoris 9 Hen. 6. 44. 11 Hen. 6 7. 34 Hen. 6. 32. A. Confession of the Action by the executor the Judgment shall be generall against him because he ought to have pleaded that he had not more then 20 s. and against the other executor it shall be de bonis testatoris 14 Hen. 4. 12. pl. 1. Hull And by 33 Hen. 6. 2. it shall be of the goods of the testator if he hath none for damages of the goods of the executor that confesses the action But 4 Eliz. Dyer 210. pl. 23. it shall be but de bonis testatoris against both 28 Hen. 6. 3. pl. 13. 40 Edw. 3. 2. pl. 3. So in a Rationabili parte bonorum upon confession of one executor 28 Hen. 6. 4. pl. 20. 33 Hen. 6. 24. pl. 1. Ne unques executor found against him shall be generall 11. Hen. 4 5. 11 Hen. 6. 8. A. Danby But the Judgment shall be de bonis testatoris si c. and if not de bonis propriis 9 Hen. 7. 15. pl. 1. 2 Edw. 4 4. 33 Hen. 6. 23. 11 Hen. 6. 10. B. One pleads ne unques executor the other plene administraevit but 40 s. and found against the former and Judgment given that there should be recovered against both as much as there was in their Hands and the residue against the other 11 Hen. 6. 37. B. Paston 46 Edw. 3. 9. B. One dyes intestate and Administration is committed to D. by the ordinary and he comes as servant to D. to administer absque hoc that he did administer in any other manner this is no plea because he did not shew that it was the ordinary of the place and Judgment de bonis testatoris 31 Hen. 6. 13. pl. 5. 17 Edw. 3. 20. pl. 58. where an executor pleaded non est factum and found against him there the Judgment against him for all of the goods of his own as well as of the goods of the testator and against the other of the goods that he had at the day of the writ vide 17 Edw. 3. 20. pl. 1. stat 9. Edw. 3. cap. 3. statute 1. 17. Edw. 2. 46. pl. 3. Plene administravit the Judgment is for so much of the principall as they had and for damages de bonis testatoris si c. and if not then for damages de bonis propriis and for the residue as much as they had Coke 8. part 134. Shipleys case 34. Hen. 6. 32. B. Prisot com 440. B. Pepyes case vide 17 Edw. 3. 66. pl. 83. 46 Edw. 3. 9. pl. 6. Judgment speciall for the debt Upon such plea the defendant prays execution forthwith because it is a confession of the debt but no execution untill the defendant had goods of the testators Coke 8. part Shippleys case vide 21 Hen. 6. 40. But if it be found to the defendant no scire facias lyes against them 4 Hen. 6. 4. pl. 8 Unlesse he prays Judgment upon the plea. But yet 33 Hen. 6. 24. pl. 1. is that a scire facias lyes yet Coke 8. part 53. A. Syms his case that if it be for land he shall not have a scire facias because there is no record upon which it may be founded If the heir confesse the action for as much as did descend then there shall be a special Judgment against him of so much as did descend Com. 440. A. Pepyes case 22 Eliz. Dyer 373. pl. 4. the Judgment Lib. intra 172. D. But if he plead any other plea and it be found against him the Judgment shall be generall Com. 440. Pepyes case So if he confesse the action and shew as much as descends if it appear to the court that the profits from the time of the descent untill the time of the execution are sufficient for the debt per Dyer 18. Eliz. Dyer 344. pl. 1.  1. For the plaintiff  2. For the defendant Execution in debt 3. Of what Lands  4. Of what goods At the common law it was but a scire facias Coke 3. part 12. or a levari facias Coke 3. part 12. A. and this is of chattells and profit of Lands and Rents com 441. A. Pepyes case And this only within the year for if the year were past the party was put to his action of debt Coke 3. part 12. A. Harberts case unlesse the proces be continued 33 Hen. 6. 49. pl. 33. But for Recovery against an heir then it was but one Liberate com
the Plaintiff shall recover damage as well pro tempore futuro quam pro praeterito 3 Mariae Dyer 113. pl. 56. Administratrix promises to pay a debt c. then the judgement against him shall be generall praedictus P. M. uxor ejus in misericordia Coke 9. part 93. Banies case No. Lib. Intra 2. C. Sect. 3. But upon plea that the Testator did not assume shall be for costs and damages de bonis propriis if the Testator had not sufficient No. Lib. Intra 1. B. Sect. 1. The Writ Upon assumpsit by the Husband and Wife made to the wife dum sola fuit the Writ said ad dampnum ipsorum for the husband shall have the damages ideoque fuit ad dampnum ipsorum Hill 9. Jac. Ban. Regis Wolverton and his Wife against Day For not doing a thing which ought to be done by Agreement touching the body 1. Against a Barber that takes upon him to rase the beard and doth it with an unwholsome Rasor Lib. Intra 2. C. Sect. 1. 2. Against a Physitian or Chirurgeon for not curing a malady or not applying medecine 14 Hen. 6. 18. 43 Edw. 3. 33. 21 Hen. 6. 55. 48 Edw. 3. 6. pl. 11. Regist orig 105. B. 112. A. 3. For advising his patient to apply a certain medecine to cure him and it did not 19 Hen. 6. 49. For commanding his servant to apply a medecine and he doth it not 11 Edw. 4. 6. 4. For applying a medecine that impairs the Mayheme 11 Rich. Action upon the case 37. 11 Hen. 6. 18. pl. 10. 21 Hen. 6. 55. B. But note in all these cases he ought to take upon him the Cure 19 Hen. 6. 49. 48 Edw. 3. 6. The Writ The Writ ought to shew the place where he took upon him the cure 48 Edw. 3. 36. If A. promise to cure me in London and apply unwholsome medecine in Middlesex the action shall be in Middlesex because there was the wrong 11 Rich. 2. Action upon the case 37. For not doing of a thing which ought to be done by Agreement of the parties touching Suits in Law Against a Clerk that promises to enroll a Jury and doth it not 34 Hen. 6. 4. Against a Serjeant or Counseller that promises to plead and doth it not 14 Hen. 6. 18. For not doing of a thing where a man is bound to do it in one manner and he doth it in another Against him that promises to plough my land and doth it in unseasonable time 14 Hen 6. 18. 3 Hen. 6. 36. Against an Attorney that takes an obligation in his own name when it should have been in mine 20 Hen. 6. 25 Against a Carpenter that undertakes to build a house in such a form and builds it in another Nat. br 145. G. 2 Hen. 4. 9. 21 Hen. 7. 41. 20 Hen. 6. 35. Against him that hath a Crane and spoils my Merchandize Lib. intra 3. C. Sect. 1. Against a Farrier that takes upon him to cure my horse and applies unwholsom medecine c. 19 Hen. 6. 49. For pricking my horse 46 Edw. 3. 2 3. 10. Nat. br 94 D. 18 Edw. 3. 6. pl. 11. for it is the duty of an Artificer to do his office well and truly For misusing a Lycence 21 Edw. 4. 76. Against a Sergeant at Law that is retained to plead and mispleads 14 Hen. 6. 18. For negligent suffering of a thing to be done to the Damage of another A. borrowed a horse of me which dyes suddenly an Action lyes not 40 Edw. 3. 6. But if the thing be used in other manner then it was lent and dyes an action lyes Doct. stud 29. But if it be but in the same manner that it was lent and dyes no action lyes Doct. stud 29. A. borrowed a horse and a house fell upon him there if the house fell upon him being feeble action lyes otherwise not Doct. Stud. 128. Against him that keeps not well his fire by which my house is burned being adjoyning 2 Hen. 4. 18. 8 Edw. 4. 19. pl. 30. Choke Although his own house be burned 33 Hen. 6. 1. Lib. intra 8. A. Sect. 1. 3. It lyes although his servant do it but not if a stranger do it of malice 33 Hen. 6. 1. 2 Hen. 4. 18. Doct. Stud. 137. 4. If a servant bring fire in the street and burn a house of his Masters he is not chargeable 5. It lyes not if it be burned suddenly and the cause not known 42. Assiz 8. 2 Hen. 4. 18. Barre That it was not burnt in default of good custody of the fire of the Defendant Lib. Intr. 8. A. Sect. 1. But by 28 Hen. 6. 7. this is but a negative pregnant That he guarded his fire well absque hoe that he guarded it negligently Lib. Intra 8. B. Sect. 2. Against a Bayly of Cloath that suffers it to be consumed with mothes 27 Hen. 8. 25. 13 Hen. 7. 1. 18 Edw. 3. 23. Against a Baylie of a horse that suffers him to perish 12 Edw. 4. 13. 26 Hen. 8. br Action upon the case 103. Lib. Intra 3. B. Sect. 1. Regist orig 107. A. For losing a Release 34 Hen. 6. 4. So of a box Lib. intra 9. A. Sect. 1. Against him that suffers his dog to bite my sheep 28 Hen. 8. Dyer 25. pl. 102. fol. 29. pl. 195. 28 Hen. 6. 7. pl. 7. Lib. Intra 616. B. Sect. 1. Regist orig 110. B. But then the master ought to know that he would bite them ibidem But sciens is not traversable but may be given in evidence Coke 44. part 188. If the owner of the dog brings him to the master of the sheep to do justice upon him It lyes not 7 Edw. 3. bar 290. The Plaintiff declares that the Defendant was possessed of a dog 8º Octobris 7º Jac. using to bite c. and that the dog 12. October in the same year did bite his Lambs c. this is not good for he ought to have shewen that he continued his dog at the time of the biting for it shall not be presumed that he continued it without shewing it Pasch 9 Jac. ban Regis Louder versus Sounds 21 Edw. 4. 22. 15 Eliz. Dyer 320. 4. For suffering his dog to bite my servant Regist orig 111. A. 5. For hurting of an ox Regist orig 111. A. 6. For hurting of a horse after warning given Regist orig 106. A. 1. Against a Warden of the Fleet that suffers one to escape that was taken upon a Capias ad computandum 15 Edw. 4. 19. Lib. intra 8. C. Sect. 1. 2. Against a Shrieve that suffers one to escape that was taken upon a Statute Merchant Regist orig 98. B. Nat. br 93. A. the Writ there Against an In-keeper that suffers the goods of his guests to be stole Coke 4. part 32. Calyes case Nat. 94. B. Regist. orig 104. A. 105. A.
and dyes no action lyes quia mors omnia solvit 48 Edw. 3. 2. B. pl. 4. Finchden Hill 33 Eliz. ban Regis Wilson Mapes A parson leases his Rectory and covenants to save harmlesse the Lesse concerning the lands and profits for one year against Blunt Blunt enters within the year Covenant lyes because it is expressed against a certain person Lessee covenants that he will not assigne his Term over by which it may come to D. the Lessee assignes it to K. per curiam Covenant lyes for he hath put the power out of him Trin. 13. Jac. com ban Guines case A fine levied of rent a Writ of Covenant lies 22 Edw. 4. 2. pl. 6. The Count in Covenant 1. Personal 2. Real The Count was that per Indenturam suam testat existit that the Defendant covenanted this is good but such plea in Barre is not good Mich. 7 Jac. ban Regis Wyrdnam versus Faukner 2 Mariae 117. pl. 78. Prior and covent Lease to 2 for years with warranty per Indenture rendering rent one dyes after possession the other survives and was sole possest the prior dyes the defendant fuit electus et praefectus et tali die expulsus et ejectus the survivour and so the defendant did not hold covenant made between the late Prior and the said survivour Lib. intra 135. D. sect 2. Count upon covenants to make a new lease Com. 2. Chapmans case A. leases to B. for 6 years if C. live so long and covenants that he had power to demise it c. B. in covenant needs not count that C. was in life for if he were dead at the time of the demise then covenant lyes 2 he need not shew that he had the better right because he did pursue the words of the covenant negative Coke 9. part 60. Bradshawes case Count by the Lessor against the Lessee that covenants to pay all charges and pays not the tenths granted per parliament Lib. intra 136. C. sect 4 The Count shall be generall that he hath broken covenants between them to the damage c. the other shall say that they are performed the plaintiff may reply that they are not becuse he shall have damage for every covenant broken but upon an obligation he ought to shew in what he hath made a breach because he shall have the forfeiture for one breach 6. Hen. 4. 8. pl. 34. Tenant for life leases for years rendering Rent the lessee covenants and is expulsed by him in remainder 1 he ought to count that he was possest 2 he ought to shew the estate for life and the remainder certain 9 Eliz. Dyer 257. pl. 13. Writ in covenant 1 Personall 2 Reall Rex c. justicies A. quod teneant B. conventionem inter eos factam de quibusdam defectibus in Mannerio ipsius B. de N. existentibus sumptibus ipsius A. competenter emendand siâ—ut c. ne amplius c. Regist orig 167. A. Rex c. praecipe A. de B. quod juste c. teneat W. conventionem inter eos factam de viginti acris terrae in K. frumento et alio blado competenti seminandum et de bladis et terris praedict cresentibus metend et ad domus ipsius W. sumptibus ejusdem A. in eadem villa cariandis et nisi fecerit c. Regist orig 166. A. The writ shall be brought where the covenant was made Nat. br 146. E. 11 Rich. 2. But it is no plea to abate the writ unlesse the deed bears date in another county Nat. br 146. E. The writ for outing the Lessee shall be de dampnis et de perditis occasione c. 9 Eliz. Dyer 257. pl. 13. The writ ought to mention all the executors which did administer 47 Edw. 3. 22. pl. 20. 48 Edw. 3. 2. pl. 4. The Process in Covenant 1. Before appearance 2. After 1. By the Common Law the process was but a distresse infinite 22 Hen. 6. 13. Br. exigend 29. 48 Edw. 3. 29. pl. 15. 2. The parties appear and day given over salvis partibus c. the Defendant makes default at the day a distresse was awarded against him Lib. Intra 134. B. Sect. 1. Non fit breve de Attachiamento quia oporteat quod partes compareant personaliter in Curia Regist orig 165 A. The Barre in Covenant 1. Personal 2. Real 1. When one certain duty accrues by the Covenant at the time of doing of it Accord with satisfaction is no plea Coke 6. part 44. A. Blakes case But where no certain duty accrues until the subsequent Act or Wrong there Accord with satisfaction is a good plea Coke 6. part 44. A. Blakes case Covenant to a Parson for the enjoying his Benefice and he deserts the Cure is voyd 14 Eliz. cap. 11. Rastal Leases 244. D. 23 Eliz. Dyer 372. pl. 11. this is after the Parson is absent fourty dayes in the year and not otherwise A. covenants to gather the rents in D. and he pleads that he was interrupted by the Plaintiff a good Barre Crooke 13 Hen. 7. 34. pl. 2. Lessee covenants to surrender before the terme ends and a stranger that hath right enters upon the Lessee this is a discharge because the Lessee is disabled Hill 41. Eliz. com Ban. Andrews versus Nedham 45 Edw. 3. 48. Performance generally a good plea 6 Hen. 4. 8. pl. 34. Covenant upon a Demise by Indenture and eviction by a stranger by a greater Title it is no Barre to traverse the possssion of the Plaintiff without particular cause shewing because it is by Indenture Trin. 3 Jac. ban Regis Stile versus Hearing A. covenants to make a good estate in Coppie-hold Land to B. before Easter during the life of Cox no plea to say that it was surrendred to the Lord by his procurement if he shews not that he was admitted for nothing vests in him to whose use it is till admittance Mich. 15 Jac. ban Regis Stiles versus Smith Release is no Barre before the covenant is broken Coke 4. part 71. Hors case 5 Eliz. Dyer 217. pl. 2. Coke 1. part 99. A. Shellyes case If it be not by expresse words Coke 5. part 71 A. 35 Hen. 8. Dyer 57. pl. 24 Bramly Judgement in covenant 1. Personal 2. Real Judgement against an Executor for a Covenant broken after the death of the Testator is of the Testators goods 15 Eliz. Dyer 324. pl. 34. If a Lessee recover being outed by the Lessor he shall recover his Term Nat. br 145. M. 47 Edw. 3. 24. pl. 61. 20 Edw. 3. Judgement 177. and also Damages Nat. br 145. M. Execution in covenant 1. Personal 2. Real 1. Per Common Law 2. Per State Law By the Common Law it is but a Levari facias Lib. intra 133. D. Sect. 2. fieri facas Lib. intra 138. A. Sect. 1. But no other Coke 3 part 12. A. Harberts case This only within the year for if the
of deeds 142 Count in Detinue 1 of Chaâ—â—â—ls 2 of deeds 144 The Writ in Detinue 1 of Chattells 2 of Deeds 147 Tre Process in Detinue 1 before appearance 2 after 148 The Garnishment in Detinue 1 of Chatels 2 of deeds 149 Enterpleader in Detinue 1 of Chatels 2 of deeds 150 Bar in Detinue 1 of Chattels 2 of deeds 151 The Judgment in Detinue 1. of Chattels 2. of deeds 155 Execution in Detinue 1. of the Defendant 2 against the Garnishee 3. of what Lands 4. of what Goods 156 DEBT DEbt in what Court it lyes 159 Who shall have Debt 160 Against whom Debt lyes 169 For what things Debt lyes 180 Judgment in Debt 188 The Writ in Debt 1. in the County 2. in Com. Ban. 193 The Process in Debt 1. before appearance 2. after 198 The Bar in Debt ib. The Judgment in Debt 217 Execution in Debt 220 EJECTMENT IN what Court it lyes 223 Who shall have an Ejectione Firmae 224 Against whom Ejectment lyes 226 Of what things an Ejectment lyes 227 The Count Generally 230 The Writ 231 The Proces 1. before appearance 2. after 232 The Bar. ib. The Judgment ib. QVARE IMPEDIT QVid 234 In what Court it lyes ib. Who shall have a Quare Impedit 235 Against whome a Quare Impedit lyes 253 Quare Impedit of what disturbance it lyes 254 Quare impedit of what things it lyes 255 The Count in Quare Impedit 256 The proces in Quare Impedit 1. before appearance 2. after 258 In a Quare Impedit 1. by the Ordinary 2. by others 260 Good causes of refusall in a Quare Impedit 262 These are not ib. These are likewise good causes of refusall 263 Who shall pléad plenarty and who not 266 Against whom plenarty was is no plea 267 Judgment in a Quare Impedit 1. when he shall have Judgment 2. of what things he shall have Judgment 268 The Writ to the Bishop to whom it shall be directed 271 Proces in the writ to the Bishop 273 Of what things a man shall have Judgment ib. A Writ to the Bishop and single damages 274 A Writ to the Bishop and double dammages 276 Single damages and no writ to the Bishop 277 Double damages and no writ to the Bishop ib. Two writs to the Bishop 278 In what court and what Judges have power to award a writ to the Bishop ib. NE ADMITTAS WHat person shall have it 279 In what cases it lyes ib. Within what time this ought to be brought 280 The Writ ib. The Proces ib. QVARE NON ADMISIT OVt of what court this Yssues ib. What person shall have it 281 Against whom it lyes ib. In what case it lyes ib. The Writ 282. The Count. ib. The Bar. ib. The Judgment 283 Quare Incumbravit IN what Court it shall be brought 283 What person shall have it 284 Against whom it lyes ib. In what cases this lyes not ib. The writ 285 The count 286 The Process ib. The bar ib. The judgement 287 Replevin IN what court it lyes ib. Who shall have a Replevin 288 Against whom a Replevin lyes 290 Of what things a Replevin lyes ib. The writ 292 The process 1. of a man replevyed 2. of chattels 293 Second Deliverance 295 In what case a man may distrain 296 Of what things a man may distrain 301 What person shall distrain 303 At what time a man may distrain 304 In what place a man may distrain 305 What distress shall be sold 307 What shall not be said to be a Distress excessive ib. 1. The Bar 2. Iustification 3. Conusance 4. Avowry 308 Who shall avow 310 For what things a man may avow 311 Seisin in avowry in whom it may be alledged 313 By what hands Seisin shall be alleadged 314 In what time Seisin ought to be alleadged 315 VVhen it is not requisite to alleadge Seisin ib. VVhat Seisin shall be good ib. Bar to an Advowry ib. Iudgement 323 Trespass IN what court Trespass lyes 328 VVho shall have Trespass 329 Against whom Trespass lyes 341 For what matters Trespass lyes viz. for the doing of wrong to the dammage of another 1. touching Inheritance 2. touching chattels 3. touching the body 349 Error IN what Court Error shall be redressed 361 VVho shall have a writ of Error 373 The Writ of Error 377 The Process in Error 1. upon a judgement in Ireland 2. upon a Billsealed 3. judgement in another Court 387. Diminution in Error 1. by whom 2. in what cases 3. at at what time 380 The assignments of Errors 1. by whom 2. at what time 3. upon what Record 4. of what things 382. Bar in Error 397 Iudgement in Error 1. for the Plaintiff 2. for the Defendant 3. for both 398 Execution in Error 401 ERRATA PAg. 14. l. 4. r Burgi sui p. 17. l. 4. quindecim p. 32. unque p. 55. l. ult r. cards p. 69. l. 16. r. perjury p. 229. r. Hoes p. 142. l. 25. r. Marcii p. 116. l. 23. r. conventione p. 154. r. partition p. 199. Denbawds l. 15. this may be by the Law p. 208. r. no bar in debt p. 231. l. 24. r. Ed. 4. p. 233. r. judgment upon demurrer p. 234. r. terminari l. eadem debent p. 240. l. 18. r. impersonee p. 246. l. 26. r. vested p. 250. r. so against a stranger that usurps in their turn p. 255. l. 12. r. Ecclesiae p. 262. l. 8. r. perjury p. 280. I. 9. r. Ecclesiam l. ult vacation p. 309. l. 14. r. two p. 310. l. 4. r. intestat p. 227. l. 14. r. law p. 331. l. 19. r deere p 332. l. penult r. not p. 339. l. ult r. trespass p. 340. r. they l ead r. their tenements p. 341. r. Administrator takes the Goods B. proves a will p. 345. l. penult r. Edw. 4. p. 249. l. 19. r. is impeached 374. l. 16. r. trespass p. 360. l. 3. jurat p. 361. l. 16. r. dead p. 374. prayer p. 380. l. 19. r. in such case p. 390. l. 12. r. br 10. p. 392. r. Coroners ACCOMPT  Common Law By act of Law Gardian in Soccage Next of Kin.     A Stranger Accompt is by Bayly of a Court or Hundred in Law in case of a subject of a Maâ—nor house c. in deed in case of the king By his own act   Receiver By other hands in law in case of a Subject By his own hands in deed in case of the King Statute Law Marlebridge cap. 17. Against a Gardein in Soccage Marlebridge cap. 23. Against a Bayly vagaâ—ant Westm 2. cap. 23. For Executors  2â— Edw. 3. cap. 5. For Executors of Executors 3. Edw. 3. cap. â—1 For Administrators  23. Hen 8 cap. 8. Collectors for repairing of Goalâ— shall accompt to Justices of peace 2. 3. Mariae cap. 8. Against Head-Constables or Church-wardens  43. Eliza. cap. 2. Overseers of the poor shall accompt to Justices of peace  1. Jacobi cap. 9. Against
ibideus Michaelis 9. Jac. Ban. Rigis Ward versus Cheshire The Plaintif counts that he is seized in fee of a Kitchin in parochia sancti Dunstani in London and prescribes to have windows in the backside of the Defendant and his stopping up of maximam partem c. port action and upon not guilty found per quaer and moved in arrest of Judgement 1. He did not shew that the kitchin was antient but it was resolved that it was implyed in the prescription but by Williams this was was not material but Crook e contra by the custome of the city it ought to be stopped if not antient 2. For that the quantity was not shewed but resolved it need not be Coke 4. part 49. Com. 249. neither shew the Parish in which the back-side is sed non allocatur because the stopping of the light is the material point and it was shewed where it was and the Plaintiff had judgement Hill 9. Jac. Regis Hughes Keme A. had an antient house in London B. builds a new one which stops the light of A. per Curiam 1. that a man cannot by the custom of London erect a new house where there was not one before to stop the lights of the antient house 2. Upon an ancient foundation a man may erect a new house and stop the antient lights of his neighbour for by the same reason that his neighbour erected his house more high may the other at any time erect his but he cannot enlarge his in breadth or length to stop the lights of his neighbour vide 22 Hen. 6. 15. For removing a plaint out of my Mannour without cause 27 Hen. 6. 4. For taking an estray within my Mannour or liberty 13 Edw. 3. breve 674. 31 Edw. 3. breve 333. but ibidem it lyes not before seisure For removing a Meerstone though one of them be Tenants in Common 1 Hen. 5. 1. Lib. intra 9. C. sect 1. 1. For disturbing my customers to come to my Mill 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45. 2. For erecting a new Mill Lib. intr 9. B. sect 2. D. sect 1. 1. For disturbing to take seisure of an office 6 Edw. 3. 9. 2. For disturbing the steward to hold Court Lib. intra 5. B. sect 1. 3. For disturbing to take the profits which belong to the office 9 Rich. 2. action sur case 5. 4. Against an Escheator that returns contrary to that which was found by office 9 Hen. 6. 60. 5. If he returne where no office was found 21 Edw. 4. 23. et 27. for he is not Judge but officer 9 Hen. 6. 60. 6. For procuring a false office to be found by which my land is seised 47 Edw. 3. 15. kitchin 175. A. For erecting of a Dyhouse which poysons my water by reason whereof my Fish dyes Coke 9. part 59. A. Aldreds case 1. For releasing me with warranty and procuring an other to sue me 34 Edw. 3. 20. 1. Against Tenant in precipe which hath protection allowed to Westm for one yeare and within the year he stayes at Gloucester 15 Edw. 4. If I sue a School-master for erecting a school in the same Town the action lyes not for it is no nusance 11 Hen. 4. 47. pl. 21. 22 Hen. 6. 14. prisott If A. sayes that B. hath right in my Land for years Action Lyes Coke 1. part 177. Mildmays case No. Lib. intra 30. A. sect 27. but I ought to shew how I am prejudiced A. brought an Action upon the case against B. because that he published that he had the lease of the land of A. and that he intended to sell it and was hindered B. said that he had an Indenture as in the Count is mentioned and traverseth that he forged it 1 when B. claims a right though he had none yet the Action Lyes not 2 the Count is good because it is that it was against the knowledge of B. that it was forged 3 sciens is not traversable Coke 4. part 18. A. case 14. 1. For stopping a ditch by which my land is surrounded Nat. br 88. E. 89. M. 39 Hen. 6. 32. 11 Hen. 4. 82. 14 Hen. 8. 31. For not scouring a Ditch by which my land is over-flowen Regist orig 100. A. For breaking of a seabanke by which my land is surrounded Nat. br 86. F. 89. B. â—t C. Regist orig 95. A. It lyes not for erecting of Cony-burroughs by which I lose the profits of my land because the party had no property in them Coke 5. part 104. Boulstons case 1. If one hath the trade of a Bakehouse by prescription for the whole Town and another erects another and sels an Action lyes Coke 8 part 125. case of London 19 Rich 2. Action sur case 52. 2. For using the trade of a Dyer in R. without Licence of the Arch-Bishop of York Regist orig 105 106. Coke ibidem 3. The king grants to A. the sole seisance of play-cards yet A shall not have an Action upon the case against others that use the trade because the grant is voyd Coke 11. part 86. A. Monopolies Tenant at will makes voluntary waste Action lyes against him Littleton 15. A. 14 Hen. 8. 12. Brown Coke 15. part B. Salops case 48 Edw. 3. 25. Dyer 121. pl. 17. 11 Hen. 6. 38. For diverting of part of the stream by the owner of the Land by which the stream flows over 12 Hen. 4. 47. 21 Hen. 7. 30. Dyer 248. pl. 80. Coke 4. part 86. Lutterels case the Count there 3. Eliz. Dyer 195. pl. 37. But for diverting majoris partis Assize lyes 8 Eliz. Dyer 248. pl. 80. but this is intended when the Mill cannot go For stopping a pit that one hath for water although it is not a common watering place 21 Hen. 7. 35. No. Lib. intr 18. D. Sect. 15. The Writ Ought to be certain as the Count except the place and time 22 Hen. 7. 91. It ought to have the certainty as the Count and to have all the Count except the year and day the quantity and certainty of the Land 38 Hen. 6. 9. pl. 20. Prisott The Writ shall not be vi armis Nat. br 92. E. When there are two causes of Actions 1. causa causans 2. causa causata the former may be alleadged vi armis Coke 9. part 50. B. Salops case The Process 1. Before appearance 2. After At common Law a Capias lyeth not 43 Edw. 3. 11. Coke 10. part 72. A. Marshalsey But the 10 Hen. 7. cap. 9. such processe is given in an Action surcase in Ban. Regis Com. Ban. as for Traverse or debt Br. exigend 29. The Judgement For not repairing of a Bank per quod c. the judgement shall be to recover Dammages and a Distresse to the Shrieve to compel the Defendant to repair For what things it lyes 1. For chasing sheep into the
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
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
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.
assigne error in the Conusance neither the Conusee in the Grant and Render neither the Recoveror in the Recovery Coke 5. part 39. B. Executor in error by him upon a Judgement given against him shall not assigne for error that the debt was but upon a simple contract Com. 182. A. 10 Hen. 6. 24. Party shall not shew error in process unless he shews that it is for his advantage 7 Edw. 3. 25. Coke 8. part 59. A. Nat. br 21. F. But may afterwards shew that the Judgement is erronious Coke 8. part 59. A. Beechers case 14 Eliz. Dyer 315. pl. 99. Revertioner not being made a party shall not assigne for Error that the Shrieve made a warrant to the Bayly to make a pannel where the party was guildable 3 Henery 4. 6. The Successor shall assigne for error that his Predecessor was but named Gardein 15 Edw. 3. Error 7. Error shall be assigned before a Scire facias shall be awarded 24 Edw. 3. 31. pl. 8. For after a Scire facias awarded the Plaintiff cannot assigne error in deed 22 Edw. 4. 45. Judgement given upon a Demurrer in Law and Writ to enquire of dammages awarded a Writ of error was brought and he assigned errors 17 Edw. 3. 5. If the Record and the Writ of error do not agree error cannot be assigned upon the Record 9 Hen. 6. 4. 2 Eliz. Dyer 180. pl. 48. 28 Hen. 6. 11. If the Writ of error be faulty in substance errors shall not be assigned but shall have a new Writ Quâ—d coram nobis residet 3 Hen. 6. 3. 26. 5. Mariae Dyer 164. pl. 58. But if it be false Judgement then there must be a new Writ to the Suitors for it is not of Record 3 Hen. 6. 26. If error be put without a day there shall be a new Writ before that error be assigned 26 Hen. 6. Scire facias 33. Nat. br 20. G. Upon a Bill sealed a man shall assinge error per Westm 2. cap. 31. 11 Hen. 4. 52. 27 Hen. 8. 15. 25. Coke 9. part 13. B. Dowmans case 9 Assiz 8. 14 Hen. 4. 15. 4 Hen. 6. 15. A. Martin 33 Hen. 6. 34. Littleton pl. 9. 7 Hen. 6. 37. 10 Hen. 7. 8. And if the bill is refused to be sealed the party shall have a writ to compel them to seal it Regist orig 182. A. B. But by Hill Justice it is intended of a thing pleaded for otherwise it shall not be sealed Challenge in Assize was put in a bill sealed and good 9 Assize 8. 21 Edw. 4. 11. 20 Edw. 3. 63. Lib. intra 346. C. 27 Hen 8. 24. 25. Priviledg claimed and not allowed there may be a bill sealed 22 Edw. 4. Priviledg 1. Conusance claimed if the plea be challenged by one that is not party there cannot be a bill sealed 20 Edw. 3. Conusance 46. A Patent to three to take an Assize where two take it there may be a bill sealed and Error upon it 29 Assize 42. 11 Hen. 92. Assize the Tenant shews that the Shrieve was beyond sea and had a bill sealed of it 1. Although the bill did bear date after the Record removed yet it is good 2. Although the party did not bring it within the bill but the Justices yet good 3. The party shall have a Writ to the Justices commanding them to seal it 4. A Writ to the Justices ad cognoscenda sigilla 5. Two Justices seal it yet one may deliver it 6. The party brought a Scire facias ad cognoscend sigilla before the Justices come in Court yet good for after that they come the bill was of Record ab initio Upon a transcript of the note of a Fine error shall be assigned and if Error appears they shall send the note and reverse it 21 Ed. 3. 24. 16 Edw. 3. Record 35. 40 Assize pl. 29. For otherwise per chance the Fine may not be ingrossed 1 Mariae Dyer 89. pl. 4. Lib. intra 296. A. Sect. 1. Fines Nat. br 20. B. But note 5 Mariae Dyer Record 79. the Record shall be certified and no other proclamation shall be made But 1 Mariae Dyer 89. pl. 4. e contra Upon transcript in Parliament error is assigned for the chief Justice brought the Record and reported it in ban Regis 8 Hen. 5. Error 88. 28 Eliz. Dyer 375. pl. 19. 22 Edw. 3. 3. pl. 25. But in another Court it is otherwise 40 Assize 29. Nat. b. 20. F. Upon award by the Justices upon returne upon a Writ of Priviledge no writ of error lyes Coke 8 part 127. B. case of the city of London Upon allowance of claim by the Justices of the Forrest 21 Edw. 3. 48. pl. 70. Judgement in annuity and after in a Scire facias Error brought upon the former Judgement the Record shall be removed 11 Hen. 4. 4. Error upon a Fine and proclamations the proclamations shall be certified Com. 265. A. Fishes case Error shall not be awarded until the final Judgement be given Coke 11. part 40. A. Metcalfs case 7 Rich. 2. Error 68. Unless the Award be ad grave dampnum Coke 11. part 41. A. Metcalfs case As in Debt against many by several precipes and judgment against one he shall have error and the pleadings shall be several from the original and if error be in the original tenore tantum shall be certified Coke 11. part 41. A. Judgement in an Account quod computet error lyes not until the final Judgement Coke 11. part 38. B. 21 Edw. 3. 9. 1. Hen. 7. 2. B. When an action of Trespass is in part determined error lyes not until it be determined all 32 Hen. 6. 5. pl. 5. 36 Hen. 6. Coke 11. part 39. B. So in Afformedon 12 Eliz. Dyer 291. pl. 67. Coke 11. part 39. B. So in Trespass against two 34 Hen. 6. 41. pl. 9. So in a Quare impedit 34. Hen. 6. 41. So in Partition Mich. 40 41 Eliz. Com. Ban. Countess of Warwick against Henry Lord Barkley If error be brought before the fourth day in Com. Ban. yet it is good because of Record at the Commencement 34 Hen. 6. Assise of Darrein presentment a writ awarded to the Bishop and the Assise is for dammages error brought and allowed 17 Edw. 3. 5. pl. 12. Error upon a Judgement in a Scire facias upon a Fine and no Record removed but the proceedings upon the former judgement and yet good 20 Edw. Error 2. Praecipe quod reddat error brought the Original nor the judicial writ nor the essoyne shall be removed 2 Edw. 3. Error 2. Thorp 37. Assize 5. Unless Error be assigned in the Original 24 Edw. 3. 24. And then the Transcript only shall be removed 34 Assize 7. 36 Hen. 6. 13. Error upon an execution upon a Statute Merchant error in process the
deeds Coach Gathering tithes Dove-house Crosse Delivery of a deed Discharge of a prisoner Farrier Smith Ferryman Forbearance Fobearance Goaler Warranty Lessor Marriage money Obtains a Lease Payment Planting Save harmlese Infant Sollicitor Sufferance Tabling Lodging Vendor Vendee Barber Physition or Chirurgeon Assumpsit Clarke Sergeant Counsellor Plough my land Attorney Carpenter Cranage Farrier Lyccence Mispleader Borrowed Burning a house Bayly Dog Escape In-keeper Servant Deceit in Bargaines Horse Cloath Grain Herring Saphire Wood. Wine Deceit in bargains Horse Cloath Gumme VVine Victual VVax Trover Quid et Quotuplex Money Note Money Sheep Chain-door Horse Deeds Frument grain Jewels VVooll VVood. Monkey Pippins Administrator Assignee Assignee Husband and wife Corporation Executor Executor of an executor Heir Joynt-tenant Lessee Recusant Successor Fine Administrator Assignee Executors Feme Heir Infant Lessee Lessor Parson Parcener Pledge Successor Deed. Guardian in Soccage Pattent Mill. Termor Lease Lessee Count. In Comitatu In Banco Covenant personall Covenant Reâ—ll Accord Disturbance Performance Release Personall Reall Fine In Comitatu Avowant Husband Executor VVoman Heir Lessor Proprietor King Lord. Use Husband and wife Donor Estranger Feoffee Note Feoffor Heir generall Heir speciall Joynt-tenant Joyn-renant survivâ—r Recusant Remainder Ter-tenant Lord. Abbot Administrator Avowant Bayly of goods Husband and wife Carrier Executor Estranger Lessee Trover of goods Vendee Shreive Husband Feoffor Against a Lessee for life Certain Rationabile parte bonorum Heir Implements Goods lost Goods Bayl Carrier looseth goods Corne. Divorce Replevin Tender amends in Replevin Corne. Wine Horse Note Count. Baylement Spoons Devenerunt Agâ— executors Per executor Trover Contract Obligation Husband and wife for box with deeds Heir against husband and wife Heir Feofee Note In comitatu In Banco Detinue for chattells Detinue for deeds Garnishee Garnishment Enterpleader Accord Attachment Command To deliver over Given Distres Estray Malady Non detinet Payment to the valew Pledge Perish Robbery Recovery Travers Vendee Bastardy Fâ—osment Warranty Rebaylment Release Retainer Infancie Recovery Release Against the Defendant Plaintif Against the Defendant Against the defendant and the garnishee Chattells Deeds Deeds By the party grieved To a person certain Action popular Note Accountant Administrator Attorney Baylor Husband Husband and wife Clarke of the Peace Colledge in Oxon. Colledge of Physitions Stat. Marchant Staple Counsee According to 23 Hen. 8. Recogn Counsellor Executor Feme Grantee of a Reversion Annuity Heire Lessor Ordinary Parson Physitian Recusant Robbery Steward Servant Successor Surgeon Vendor Shrive Use Outlawed person Abbot Accomptant Administrator Assigne Joyntenant Attorney Attainder Baylee Husband Husband and wife Conusor Customer Enfant Executor Goaler Heire What shal be assets to the Heire Hundred Lessee Life Master Ordinary Father Pledge Purveyor Receivor Successor Society Shrive under shrieve Outlawed person Lent Baylment Contract Agistment Marriage money Regula Partition Rent upno a personal thing Salary Servant Steward Surgery Tabling Tabling and physick Taylor Vendition Servant Wife Voluntary per Cryer Shrieve Neglâ—gent escape per Shrieve Marshall Deputy Mayor de Staple Lord de Franchize Grannt penalty Annuity For Life In Tayle Annuity or Rent in Fee Judgment given in debt for the principall For damages and costes Fine Amerciament Judgment out of Court as statute Recognizance Account at the common law Arbitriment By laws or ordinances Matter in law as for Ayd For an Annuity against a Customer c. after delivery of a Liberate Pro rationabili parte bonorum For a reliefe per executor For Tolle For Escuage Simple Obligation conditional County Administrator Husband and wife Against a collector By executors Wife executrix Against executors Heire Ordinary Nota. Nota. Account For arrerages of account 2. before auditors 2. before auditors Lord. Lending to successor To the party Baylment Contra a Reall 1 for years 2 for life 3 at will Contract personal Servant Rent upno a personal thing Salary for a Counsellor Atturney Servant Steward Tabling Vendition Escape Judgement in Court Debt for damages For fine or amerciament Judgment out of court Arbitriment Obligation simple Accord Acquittance Attachment Attainder Nil debet Non composti mnetis Payment Obligation condionall Accord Conditions performed Arbitriment Condition to levy a fine Deed pol. Condition Impossible condition Payment Permit â—etainer â—arr generall to an obligation Acquittance Coverture Infancy Non est factum Recovery Release â—ymony Statute Statute law Against an executor 〈…〉 Against â—n heir Possession Note Tenant for years Lessee Husband and wife Coppy-hold Executorâ— Church-wardens Tenant by elegit Tenant in common Husband and wife Estranger Feoffee Grantor Heir Lessor Recoveror Lord. Tenant in common Cattell Wood. Chamber Tythes Garden c. Water-course Hundred Mannor Messuage Chappel Mill. Pasture Oxe Meadow Rectory Reversion Land Bishop Husband and wife Person Lease Demise Accord Dures Ejecit Entâ—ie Surrender Note Quid. Note Cestui que use Chancellor Defendant Half blood Corporation Bishop Ratione patronatus Ratione Lapsus In what case Lapse cannot incurre without notice Parson Prebendary Dean and Chapter Aggregate Corporation mixt In his own right Creation Ratione temperalium Outlary Symony Note Disseisee Executor Enfant Feme Covert Feoffee or Grantee 1. of the King 2. of another Daughter Founder Joynt-Tenants Nominator Parceners Procurator Recoveror Reversâ—oner Queen Lord. Tenant in Tayl. In Dower For life For yeers In common Travers Note Patron sole Incumbent sole Note Plaintif Shrieve Disturbor Chappel Denary Domus Sancti Martini Hospital De Medietate Advocationis Parsonage Prebend Subdeconry Vicaridge Presentation in his own name Presentation in him by which he claims Litigious What shall be accounted Litigious Refusing the Clerk for default in the presentee which is Note Presentor which is Presentation Abatement Appendant Arbitrement Confirmation Discontinuance Fine Warranty No Disturbor Non-suit No such Church Pardon Plenarty Incumbent Presentation Recovery Recusancy Release Upon Default Non-suit Discontinuance Composition Disclaimer Abatement Verdict Single Damages Note Note Administrator Husband and Wife Baylee Executor Joynt Tenant or Tenant in Common Parson Proprietor Lord. Successor Baylee King Lord. Shrieve Cattels Wood. Barge Mastiff Deeds Bees Ferret Grain Man Sheep and Lambs Park Sow and Pigges Cows and Calves Yarn Misnosmer of the Place County Village For Fine or Amerciament in a Court Leet Tax by Parliament Amerciament in a Court Baron Amerciament in Tourne Tax by the Inhabitants Suit to a Mill. Rent-service Herriot For a certain Leet Ayd Suit to the Hundred Relief Agistment Inholder Estray Pledge Toll Damage feasant Forfeitures Arrerages Rent Rent by prescription Rent Charge Money Cattel in a waggon Lord. Horse Goshawk Fishes Hive of Bees Door or Window Milstone Anvil Barge Lord. Sheep Plough Cattel in Dower Yarne Cattel Default of Inclosure Damage fesant Sheep Lord. Common Services and A. merciaments Husband and wife Reversion Damage fesant Leet Tourne of the Shrieve For a â—ax by the Parliament For service Herriot Service House Estranger Glebe Lessee Lords Fee Fresh suit Pound Rent-Charge River of Thames Court Leet
lyes for the money yet I shall not have it before Livery 37 Hen. 6. 8. pl. 18. Prisot I bargaine for a horse Debt lyes for the money 14 Hen. 8. 19. br contract 15. Coke 4. part 94. B. Slades case If a man makes an obligation for debt due by contract debt lyes not upon the contract Nat. br 121. M. Coke 6. part Because the obligation drowns the contract Upon an emisset of several waies the count No. Lib. intra 125. B. If I. give authority to my bayly or servant to buy for mee debt lyes against mee Nat. br 120. G. Doct. et Stud. 137. A. 6 Eliz. Dyer 130. pl. 56. 2 Rich. 2. Debt 13. And so if he bought it without command if it come to the use of the Master by his assent Doct. et Stud. 137. A. And likewise if he bought it in his own name and it comes to the use of his Master it lyes against his Master ibidem So if the bayly which used to sell sold a horse for twelve bushels of wheat this is good and the master shall have debt 27 Assiz pl. 5. The servant sels the Master agrees this is the sale of the Master debt lyes 27 Hen. 8. 25. B. Fithams A factor receives money and gives a bill of exchange if the Master accept the bill by it he becomes debtor by the custome Trin. 43 Eliz. com ban The wife buyes a thing the husband agrees this is the emption of the husband 27 Hen. 8. 25. B. Fittiams One condemned taken in Westminster hall kept by a cryer assigned which suffers him to escape debt lyes not 1 because it was no prison 2 because he had no command by writ 33 Hen. 6. 55. pl. 50. If a prisoner escape by assent although the shrieve take him again yet debt lyes Coke 3. part 44. Boytons case 19. Hen. 4. 10. Unlesse the shrieve brought one per habeas Corpus then if he had him at the day it sufficeth Coke 3. part 44. Boytons case Unlesse the party be in execution Coke 5. part 89. Frosts case 7. Hen. 4. 30. Or upon a capias ad satisfaciendum although the writ be not returned Coke 3. part 52. Rigwayes case And if it be retorned and had not the body debt lyes 7 Hen. 4. 11. br retorne 107. A writ of priviledge for a Burges of Parliament the shrieve suffers him at large debt lyes not 36 Hen. 8. Dyer 6. pl. 17. 1. Jac. If one be taken by a capias utlagat after the yeare and escape debt lyes Coke 5. part 89. Frosts case 88. B. Garnons case vide 7 Hen. 6. 5. in forgery The antient Shreive makes no mention of one in execution this is an escape in the old shreive but not in the new but if the old shrieve dye the other ought to take notice but if the escape be in the vacancy debt lyes not Coke 3. part 71. 72. Westbyes case 10 Edw. 3. 375. pl. 28. If one be in execution yet debt lyes against the shrieve 7 Eliz. Dyer 241. pl. 47. 16 Edw. 4. 3. pl. 7. The Plaintiff and chief Justice assent for one time and after he suffers an escape debt lyes 10 Eliz. Dyer 275. pl. 46. A capias upon a recognizance in chancery the party taken escapes debt lyes Coke 8. part 142. Druries case The count was that 6 were in execution and escaped and the doubt was whether they might count for one only and by the better opinion it was good Crooke 26 Hen. 7. 67. pl. 11. If one be marshall whether it be by right or wronge debt lyes against him 39 Hen. 6. 33. A. Count that he was in execution in C. and removed and committed to the Marshall which suffers him to escape debt lyes 38. Hen. 6. 28 pl. 10. Deputy of a Marshall suffers an escape debt lyes against him 11 Eliz. Dyer 278. pl. 5. Debt lyes against a Mayor of the Staple upon a recognizance taken before him 5 Hen. 6. 11 Hen. 6. 49. B. 12 Hen. 6. 2. pl. 9. The count Lib. intra 171. D. sect 6. Deane and chapter of Pauls having returne of writ and making a bayly that suffers an escape Action lyes not against the deane and chapter because they are not baylyes Pasch 14 Eliz. com ban 1. Nomine poenae granted this is casuall and debt lyes for it Nat. br 120. M. 2 Hen. 8. 8. Dyer 24. pl. 149. And this is but hac vice if there be no other words 32. Hen. 6. 10. A. Billinge And so upon any grant hac vice certayn or uncertayn 2. Annuity or rent charge granted for years debt lyes not during the term But the 5 Edw. 4. 42. B. debt lyes But against a customer it lyes if it be to be payd out of the customs of L. after delivery of a Liberate Nat. br 121. F. It lyes for executors or administrators of the Grantee per 32. Hen. 8. cap. 37. And after the term ended it lyes for the Grantee Lib. intra 151. C. sect 1. 3. Annuity for life debt lyes not for this during life 19 Hen. 6. 42. A. 37 Hen. 6. 35. A. But against a customer it lyes Nat. br 121. F. Also if a Parson or Prebende c. hath such annuity resigne or be despossessed it lyes for the arrerages Coke 4. part 48. B. Ognels case For by his resignation he is meerly personall So his executors shall have debt by the common law Coke 4. part 49. A. 22 Eliz. Dyer 37. pl. 62. Coke 10. part 61. B. But if it be a Rent-charg seck or service debt lyes not for any so long as the estate continues Coke 4. part 49. A. Ognels case Although it have Continuance but to a speciall intent Coke 7. part 39. B. But after it be determined debt lyes for the party or his executor Coke 4. part 49. Ognels case Nat. br 121. E. Coke 4. part 49. Ognels case 27 Hen. 6. 1. pl. 4. because the realty is resolved in the personality 4. Annuity in Tayle generall or speciall debt lyes not during the annuity Coke 4. part 48. B. So of a Bent-seck service or charg But if the estate be determined quaere But by the 32. Hen. 8. cap. 37. the executor or administrator shall have debt for the Arrerages Annuity in fee during the annuity debt lyes not Coke 4. part 48. B. 6 Hen. 4. 7. pl. 33. Unlesse it be in a speciall case as when a parson or prebend resigne Coke 4. part 49. A. Nat. br 121. D. 19 Hen. 6. 41. 42. Nat. br 121. H. So if a parson dyes his executors shall have debt Nat. br 120. L. Coke 4. part 49. A. 37 Hen. 6. 8. pl. 18. And by the 32 Hen. 8. cap. 37. the executors or administrators of every one But after the Annuity determined every one shall have debt Coke 4. part 49. A. 45 Edw. 3. 45. execution 71 Â Â Â Â Parliament Â