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
But a Release of Actions reals and personals it is no Bar in error of an Outlawry Coke 8. part 152. Littleton 116. B. If the Defendant be outlawed in Redisseisin a release of all demands is no bar because the Original and the Judgement are the process of the Outlawry 11 Hen. 4. 6. The Release of the Vouchee shall bar the Tenant 17 Edw. 2. Error 90. for the Tenant recovers in value Release of Errors by Tenant in Tayl no bar to the issue although it be tryed against the Tenant in Tayl 3 Elizabethae Dyer 188. pl. 9. But if he in reversion in Tayl disseises Tenant in Dower and suffers an erroneous Recovery and Tenant in Dower releases with warranty and dyes this is a good Bar Coke 3. part 60. 61. Lincolne Colledge case A Release of one bars another when two are to recover a personal thing but when they are to discharge themselves it is otherwayes Coke 6. part 25. Ruddocks case The King brought Error it is no plea that his Ministers have seised the Land unless the King agree to it 39 Assize pl. 18. The Judgement in Error 1. for the Plaintiff 2. for the Defendant 3. for both In Error two things are to be done 1. To reverse the Judgement 2. That the party be restored to all that he lost 9 Henry 6. 47. B. Martin Coke 5. part 39. B. Tayes case The judgement was that the Plaintiff should not be restored to the Land with the mean profits 11 Henry the 4th 93 pl. 49. And 8 Hen. 6. 2. A. Rolfe that he shall recover the Land and the Issues The Judgement was Quod judicium revertetur adnulletur quod Defendant de intrasione intrusione transgressione contemptu convincatur a possesione amoveatur capiatur c. quodque recordum mittatur in Scaccarium pro executione habenda c. Coke 1. part 40. A. Altonwoods case In Quare impedit that the former judgement should be void and the Plaintiff restored to all that he lost 18 19 Eliz. Dyer 353. pl. 30. Gardein recovers in a Quare impedit in right of the Ward the other at full age of the Ward brought Error and a Scire facias against the Ward the Ward entitles himself by his antient right and found for him 1. The judgement shall be reversed against the Gardein and yet the other shall not be restored because he is barred by the plea of the Ward 9 Hen. 6. 47. B. Newton The Judgement was that the judgment shall be reversed and that the Plaintiff be restored to the Land and to the issues in the mean time 9 Henry the 4th 6. pl. 19. The Judgement was upon an Utlawry in felony that the Utlawry should be reversed and he restored at the Common law to all that he had lost by this cause 11 Hen. 4. 53 pl. 32. 7 Hen. 4. 40. B. And that he should be restored at the Common-law to that he had lost 3 Eliz Dyer 196. pl. 39. Error by Executors of the Testators being utlawed was that the utlawry be reversed and that they shall be restored to the Goods of their Testator seised by reason of it 11 Hen. 4. 65. pl. 22. It shall be Quod judicium reditum staret in omni robore per Coke Chief Justice Pasc 12. Iac. Ban. Regis Sir Iohn Heydons case and yet 21 Edw. 4. 44. A. was quod judicium reditum remanebit stabile in perpetuum Et ulterius concessum est quod praedictus A. recuperet versus praefat B. 10 l. eidem A. per Curiam Domini Regis hic adjudicat juxta formam Statuti inde nuper edit c. promisis costagiis dampnis suis quae sustinuit occasione dilatationis executionis praedict praetextu prosecutionis dicti brevis dom Domini Regis de errore c. No. Lib. intra 244. B. sect 8. and 292. B. Statute 3 Hen. 7. cap. 10. if Error be sued before Execution and afterwards be discontinued by default of the party or he be non-suted or judgement affirmed the other recovers his costs and dammages by the discretition of the Judges before that the Writ of Error be sued An Infant and another levye a Fine this may be reversed as to the Infant but it shall be good against the other Coke 1. part 76. B. Bredons case No. Lib. intra 255. C. sect 11. But if the Husband and Wife levye a Fine of the Land of the Wife and reverse it for Error they shall be restored forthwith because the Husband is joyned but for conformity Coke 2. part 77. B. Cromwels case Execution reversed the judgement is yet good Coke 5. part 32. Pettifers case Fine reversed for the Proclamations only and yet remain good for the other is but a Discontinuance 4 Eliz. Dyer 216. pl. 54. Execution in Error Lib. intra 307. C. sect 1. FINIS In Comitatus â— Banco Account before Auditors Propertie Payment Servant Statute Merchant V ndee King Executor King Bar. Coverture Delivery Redelivery More Obligation Payment Robery Vende Unison Receiver Outlary Accord Delivery and Redelivery Redelivery Expenses Receipt in Satisfaction Vendee In Comitatu In Com. Ban. Bought Accord 1. Quid. 2. Quotuplex Baron feme Commoner Executor Feoffee Heir Joynder Lessor Tenant in common Administrator Bayly Baron feme Carrier Counsellor Assumpsit Churchwardns Jonder Master Tenant at will Tenant per elegit Tenant in common Tenant for years Vicar Shrieve Trees Chappell Way 1 Estreite 2 Trench 3 Disturbe 4 Stopping of it Slander of my Title Lnad Trade Distresse Fair and Market Deeds False Returne Ferry Foldage Forrest VVarren Liberty House Mannor Meere-stone Mill. Office Pischary Procurement Protection School Slander of my Title Land Trade Waste Water-course Watring places Chasing sheep For goods lent are wasted Goods not delivered Wood and estovers Carrier A Horse Pigeons Dice and Cards Distrâ—â— Escape by A Goaler Deeds Ferryman Forgery and Counterfeiting Guard Grain drowned Menace Pales Piles Protection Rescous Servants Bar Servant Terme Lying in waite Arrest Articles Goaler Indictment Menace Poyson Surgeon Slander Adulterer Bunkrupt Basterd Bawd Bribery Barecter Cosener Slander in writing False Justice False Knave False sure Felon Forger Heretick Thief Leper Murtherer Perjured Plague Pox. Profession Revealer of a cause Rogue Sedition Sorcery Traytor Userer Whore Admiralty Attachment Attorney Counsellor Christian Court. Escape Essoyne Execution False returne no Returne Forgery Imbezeling Marshalsey Plea Procurement Prohibition Protection Purchase of a writ Reseous Statute Vexation Admission Bedell of a Hundred Enclosure Feofment Induction Institution Presentation To find a Priest Reparations Retain To hold Court Toll Borrowed Attorney Baylment Cocket Farrier Smith In-keeper Pledge Servant In-keeper Bar. Surgeon Victualler Attorney Clerk of Assize Feoffee to use To hold Court Shrieve Aâ—umpsit Quid. Quotuplex Consideration Quid. Quotuplex To make an estate Ditch Granage Lessor House Purchase Release Assumpsit Agistment Annual payment Trees cutting Arbitriment Assent Carrier Charitable
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
14. In consideration of divers summes received of divers persons to the use of the plaintiff amounting to 24 l. assumes to pay this and adjudged a good count though he doeth not shew of whom he received the summes because this is not traversable for it is a consideration executed Trin. 14. Eliz. Ban. Regis Beckingham et Lambert Count that upon an in simul computasset the Defendant was indebted to him in 20 l. and promises to pay it c. Crooke Justice said it was a good consideration and Dodderidge said that in every action of debt an action of the case is implyed and when it appears how the debt grew due then it is a good Assumpsit Trin. 14. Jac. Ban. Regis Cullimore Eynison Against him that takes upon him to plant thorns and doth not do it Lib. Intra 13. C. Sect. 1. 1. My servant being in prison I request his enlargement and promise to save A. harmless an action lyes but without request not 10 Eliz. Dyer 272. pl. 31. 2 If one become Bayl for the servant and after the Master promise to save harmlesse an action lyes not 3. A. being Bayl for B. in Ban. Regis B. promises to save him harmlesse yet A. shall not have an Action against B. although he pay the money if no Capias be awarded against the Principal nor Scire facias against the Bayl Trin. 7. Jac. Ban. Regis Bolles Jones error upon judgement in Com. Ban. 4. A being indebted to B. prayes C. to be bound to B. for the debt and he will be bound to C c. C. is bound to B c. A. refuseth to be bound to C. yet C. shall have an action against A. for it is a good consideration in so much that C. is lyable to the debt Mich. 9 Jac. Ban. Regis Knyvet Pledall 5. A. promises to B. to discharge him and save him harmlesse from all bonds in which he was bound for the son of A. at the request of the said son B. brought his action and shews that he as fidei jussor was bound 1. It is a good consideration 2. He ought to shew precisely that his son requested for although fidei jussor imply a request yet it is not sufficient Pasch 9 Jac. Ban. Regis Somerston Barnby postea Mich. 9 Jac. it is shewed that it was alleadged and for this judgement was given for the Plaintiff Lib. intra 11 C. Sect. 1. 6. An infant borrows money B. is bound to pay it at full age the infant promises to save him harmlesse action lyes upon it for although the infant is not lyable in law yet in conscience he was and this sufficeth for the consideration Trin. 29 Eliz. Ban. Regis adjudged A Widow promiseth for following her Suits to pay 200 l. this is not good for it is maintenance per 2 Justices but Dyer against them because it did not appear that they were Suits in Law 19 Eliz. Dyer 356. A. promises 10 l. to B. if he suffer C. to enjoy the Land there although C. enjoy it not yet if A. agree and do not interrupt C. the Action lyes Pasch 15 Jac. Ban. Regis Taylor Wilks A. being a Coppie-holder makes B. his Executor and intends to surrender to the intent that B. should satisfie a debt to D. the son of A. promises that if he do not surrender but suffer the Land to descend he will satisfie the debt A. dyes B. shall have an action against the son for it is a good consideration Hill 9 Jac. Ban. Regis Gray versus Gray A. promises to pay to B. for his reasonable board for such time as he shall be with him B. shews that he was with him ten moneths and that 5 s. the moneth is reasonable amounting all to 50 s. this is good Pasch 30 Eliz. Ban. Regis Floyd Irish 2. A. being sick in an Inne B. promises to pay as much as shall be due for all necessaries that the Inne-keeper shall provide for A. yet in the Action the Inne-keeper shall say in the Writ and Count that he did provide necessaries til such a day until c. in all to the value of 20 l. forasmuch as the promise was generall the Writ is good 2. It is inconvenient to shew all things that he did provide c. the same law is for a Physitian per Dodderidge Justice Pasch 13 Jac. Ban. Regis Crips Baynton 1. For money upon the sale of any personal things 33 Hen. 8. br Action upon the case 105 110. 2 Rich. 3. 14. Com. 102. For in every contract there is an Assumpsit implyed Coke 4. part 94. Slades case the Count needs not shew but soepius requisitus Pasc 28 Eliz. Com. ban 2. In an action for money upon the sale of a thing he needs not count that he was possest ut de bonis propriis Trin. 7 Jac. ban Regis Fitz. william Blackman 3. Against a purveyor or servant that bought goods for his Master and promises payment Dyer 230. pl. 56. 12 Hen. 8. 12. 4. Against him that promises to a Baker to pay so much as he shall deliver in bread to B. 29 Hen. 8. 25. 5. Upon a promise to pay for cloath bought if B. doeth not 12 Hen. 8. 12. 6. A. brought an action and shewes that he sold a horse to B. at such a day year and place to be payed at a day to come and the Defendant ad tunc ibidem ratione praemissorum assumes to pay if c. this is nought for the contract and the giving of day to B. ne fuit ad instantiam of the Defendant but compleat before Pasch 9 Jac. Ban. Regis Farmer Field 7. A. promises to pay to B. such Sums of money as B. shall disburse of his own money for cloath to the use of the Defendant this is a good consideration by the buying of the cloath the property was in A. forthwith Trin. 9 Jac. Ban. Regis Moore Moore 8. A. sold to B. two wayes of Barley for as much as he sold to others the Plaintiff in the Action ought to count 1. for what he sold to others 2. ought to give notice of this to B. So if A. promise to B. 20 l. if he marry C. yet B. ought to have notice of the marriage but a Tayler may have an action for as much as he shall deserve and is not bound to give notice what he shall deserve because it is not incertain Hill 13 Jac. Ban. Regis Hall Heminge 1. Against a Seller of corn to be delivered at a certain day and dotht no 21 Hen. 6. 55. 20 Hen. 7. 9. 28 Hen. 8. Dyer 22. pl. 138. fol. 113. pl. 55. Coke 4. part Slades case 94. B. 2. For delivering good and merchantable corn and doth not 6 Edw. 2. 6. Dyer 75. pl. 23. Lib. Intra 4. B. Sect. 2. The judgement For not delivering of grain yearly quaere if
Note that there shall be no Enterpleader unlesse the Defendant pray it 18 Edw. 3. 22. pl. 3. If the parties are by Attorneys day shall be given over because they shall not enterplead but in person 9 Edw. 3. 334. pl. 12. 24 Edw. 3. 24. pl. 3. And if one come at his day by Attorney the other shall not have judgement against him 9 Edw. 3. 334. pl. 12. Upon several Baylments there shall be no Enterpleader 19 Hen. 6 2. pl. 6. But if the Defendant said that he was Joynt-tenant absque hoc that it was several 19 Hen. 6. 3. pl. 6. In Detinue the Defendant pleads another Writ hanging per another and prayes Enterpleader and it was granted for the mischief that might be for otherwise both might recover the Deeds and so be twice charged 3 Hen. 6. 43. pl. 20. But there ought to be two several Writs depending 3 Hen. 6. 35. pl. 31. and these ought to be returned at one day 9 Hen. 6. 36. pl. 9. If the Defendant and the Garnishee do not agree in plea there shall be no Enterpleader 14 Hen. 6. 11. There shall be no Enterpleader unlesse the Defendant alleadge that both demanded one thing 8 Edw. 4. 6. If the Defendant after Garnishment make default yet there shall be an Enterpleader 2 Rich. 2. Enterpleader 13. If it be returned at several dayes then a day shall be given over at which day they shall Enterplead 33 Hen. 6. 25. pl. 8. But if two bear the same date then he that first comes and demands answer shall be answered 19 Hen. 6. 4. Lib. intra 213. A B. Sect. 1. Otherwise he that the Court assignes 19 Hen. 6. 4. Barre in Detinue 1. Of Chattels 2. Of Deeds Accord is a good Plea in Detinue of any goods personal Coke 9. part 78. B. Petoes case Barre that the goods were attached and delivered to him only the custom of the Citie Lib. intra 112. C. Sect. 5. A. lent sheep to a woman sole which took a Husband which commanded the owner to take them again who refused this is a good barre as to the baylment in Detinue 43 Edw. 3. 21. 10. A good barre that they were lent to deliver over of the which he had a deed Nat. br 138. M. A good plea by the Executor upon baylment to the Testator that he had delivered them to him that had the right 9 Hen. 6. 58. A. Detinue is no plea that the Plaintiff gave him the goods because he may wage his Law 22 Edw. 4. 29. pl. 10. Detinue upon Trover the Defendant pleads that he did distrain for Rent reserved upon a Lease a good barre 27 Hen. 8. 22. pl. 15. In Detinue of a Horse a good plea that he did estray and that he proclaimed him and offered the horse to the owner if he would pay for his meat No. Lib. intra 169. D. Sect. 2. A good barre to say the Horse was sick in Detinue at the time 21 Edw. 4. Detinue br 42. Non detinet a good barre Lib. intra 211. D. Sect. 1. 2. fol. 112. C. Sect. 4. 5. And this may be by the Country Lib. intr 211. D. Sect. 1. and 112. Sect. 4. C. Or by wager of Law 22 Edw. 4. 29. pl. 10. Lib. intra 112. C Sect. 5. 5 Edw. 3. 145. pl. 4. 27 Edw. 3. 83. pl. 6. 4 Edw. 3. 41. Although the baylment be by deed for the detinet is the substance 27 Hen. 8. 22. pl. 14. An Executor may wage his Law 11 Hen. 6. 40. pl. 25. 3 Hen. 6. 38. Martin Non detinet by the Law although the baylment be by others hands 8 Hen. 6. 10. pl. 26. 33 Hen. 6. 8. B. Moyle Executor pay a debt to the value of the goods and dyes this is a good barre in Detinue brought by the surviving Executor 3 Eliz. Dyer 187. pl. 6. The Defendant said that the Plaintiff pledged them for money which is not paid this is a good barre 34 Hen. 6. 42. pl. 13. Corne lent c. and it perisheth this is no barre Doct. stud 129. A. A horse used in other manner then was agreed no barre if he perish But if he be used in the same manner if he perish not in Default of the Owner to whom he was lent a good barre Doct. Stud. 129 A. No plea for a Carryer or Ferry man that he was robbed Coke 4. part 84. Southcots case 2 Hen. 7. 11. B. Townsend So if goods are delivered to keep Coke 4. part 83. B. But it is a good plea if they are taken to keep as my own Coke 4. part 83. Recovery in Travers a good barre in Detinue 20 Hen. 7. 58. B. Crooke The baylment is not traversable where he may wage his Law 8 Edw. 4. 3. pl. 7. No barre that the Horse was sold in a market overt unlesse it were tolled for according to the Statute 1 2 Phil. Mariae cap. 7. Detinue for Deeds as Heir Bastardy is a good plea 35 Hen. 6. 9. pl. 12. A. bayled to B. to rebayl and dyes having two sons which makes petition he which had the Land comprehended in the deed infeosses B. this is a good barre 17 Edw. 3. 12. pl. 45. Warranty and assets is no barre against the issue in Tayl in Detinue 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4. Rebaylment in another Countie a good barre because he cannot wage his Law 22 Hen. 6. 15. pl. 27. Release per the Plaintiff a good Barre Lib. intra 290. B. Sect. 1. Defendant pleads baylment by the Plaintiff upon condition that if his wife survive the Plaintiff that the Defendant should retain it and that his Wife is alive a good barre but then he ought to shew what lands they concern 18 Edw. 4. 18. Infancy is no plea because he may avoid an obligation in debt 14 Hen. 6. 11 pl. 41. A good barre that the Garnishee brought a Detinue against the Defendant and prayes Garnishment against the Plaintiff which makes default and he had judgement 34 Hen. 6. 47. pl. 13. 21 Hen. 6. 35. pl. 2. per Newton Garnishee pleads release between this action brought and the delivery quaere 20 Hen. 6. 28. pl. 23. 49 Edw. 3. 13. But the 39 Edw. 3. 13. adjudged that it is a good barre The judgement in Detinue 1. Of Chattels 2. Of Deeds 1. Quod praedictus W. recuperet versus praefat J. praedicta octo quarteria frumenti vel valorem eorundem No. Lib. intra 169. C. Sect. 1. Lib. intra 218. B. Sect. 4. dampna sua c. and upon the return of the Writ if it appears that W. did not deliver the corn then the judgement shall be for the value with damages and costs The Plaintiff shall have judgement to recover the thing named 17 Edw. 3. 45. 1
Rich. 3. 1. 2. The judgement was that he should recover his Chattels and his damages 21 Hen. 6. 36. A. Bracton Lib. 3. fol. 102. B. non tenetur precise ad rem restituend sed sub disjunct vel ad rem vel ad pretium The judgement was that he should recover the deeds if they are found and also damages and if not found then all in damages 7 Hen. 6. 31. pl. 25. 22 Hen. 6. 41. pl. 17. And this shall be although it be proved that the Defendant burnt the Deed 17 Edw. 3. 45. pl. 1. Ideo consideratum est quod praedictus A. recuperet versus praefat B. pyxidem praedictam cum chartis c. Lib. intra 218. A Sect. 1. The Heir in Detinue had judgement to recover one box with as much as in it contained that belongs to him 5 Edw. 3. 159. B. The Judgement was that he should recover the deeds against the Defendant et haberet liberationem versus the Garnishee 21 Hen. 6. 36. A. Lib. intra 219. D. sect 17. 9 Hen. 6. 38. pl. 13. 7 Hen. 6. 45. pl. 27. But if Judgement be given upon default of the Garnishee before appearance no damages shall be given 20 Hen. 6. 4. pl. 27. If the Plaintiff and Defendant make default the Garnishee shall have Judgement and the Plaintiff and Defendant in misericordia 40 Edw. 3. 39. pl. 15. Execution in Detinue 1. of defendant 2. against the Garnishee 3. of what Lands 4. of what Goods Execution against the Defendant by distresse for the thing Nat. Lit. intra 169. C. sect 1. 20 Edw. 4. 3. pl. 12. No. Lib. intra 170. D. 17. A. 6 Rich. 2. execution But if the thing be not delivered to the Plaintiff then he shall have execution for the damages by capias Lib. intra 216. B. sect 6. 20 Edw. 4. 3. pl. 12. For capias was given in proces per 25 Edw. 3. cap. 17. and by consequence a capias ad satisfaciend in execution At the common law execution was for damages by fieri facias and also for the goods Lib. intra 216. B. sect 8. For damages by fieri facias and for the thing by distres 6 Rich. 2. execution 45. The Plaintiff and Defendant make Default Garnishee had Judgement and distresse against the defendant 40 Edw. 3. 39. pl. 15. Destrese Issued forth in execution Lib. intra 215. C. sect 1. 20 Edw. 4. 3. pl. 12. 22 Hen. 6. 41. pl. 17. But capias lyes not 5 Eliz. Dyer 223. pl. 24. 21 Hen. 6. 42. If the deeds concerne Lands 8 Hen. 6. 29. pl. 24. 14 Hen. 6. 1. pl. 1. But for the damages if they will not deliver capias lyes 22 Hen. 6. 41. pl. 17. 20 Edw. 4. 3. pl. 12. If deeds are in a box then a capias ad satisfaciendum lyes in execution 7 Hen. 4. 2. pl. 8. 14 Hen. 6. 1. pl. 1. 40 Edw. 3. 25. pl. 28. But for Damages at the Common Law it was but a Fieri facias Lib. intra 216. B. sect 7. Or a Levari facias Coke 3. part 12. A. And this only within the year for after the year the party had but an action of Debt Coke 3. part 12. A. Unlesse the partes be continued 33 Hen. 6. 49. pl. 33. But by Westm 2. cap. 450. a scire facias is given after the year and by Westm 2. cap 18. an Elegit is given And by the twenty fifth of Edw. 3. cap. 17. Capias is given in Processe for Deeds in a Box and by Consequence a Capias ad satisfaciend in execution Lib. intra 216. A. Sect. 3. 40 Edw. 3. 25. pl. 28. If damages shall be recovered against a Garnishee the execution shall be of the goods and Lands of the Garnishee 7 Hen. 6. 45. pl. 27. 9 Hen. 6. 38. pl. 13. 19 Hen. 6. 4. But not of his body because he was not party to the Writ 7 Hen. 6. 45. pl. 27. 9 Hen. 6. 38. pl. 13. But the book of Entries 216. B. Sect. 6. Capias ad satisfaciendum was awarded against a Garnishee for damages recovered against him  Quid.   1. Superiour 1. Parliament   Quotuplex   2. Ban. Regis     3. Chancery     4. Com. Ban.     5. Eschequer    1. Of Record    1. Prescription 1. Pypowders in a Village   2. Inferiour 2. Pattent    Common Law 1. General in Court   3. Parliament 1. Pypowders    4. Common Right 2. Tourn of the Shrieve   3. Leet  2. Not of Record 1. County Court 1. Antient Demeasne  Upon Judgment   2. Court Baron 2. Hundred      3. In any Mannor   2. Special 1. In Court  1. Of Record     Merchant    1. Statute Staple    2. Recognizance according to 23 Hen. 8.    2. Out of Court 3. Account Common Law  Debt is by 4. Arbitriment     5. Ordinance or by-Law 2. Not of Record   Upon a Deed 1. Indented 1. Inrolled     2. Not inrolled      1. Simple    1. Obligation 2. Conditional     1. Years   Upon matter in the County  Finite as for 2. For life  3. Anothers life   4. Estate Tayl.  2. Poll.  1. Absolute     Infinite 2. Conditional     3. Limited 1. general       2. special      1. Casual Hac vice     2. Grant 2. Certain to have continuance for a time  Without Deed. 1. Lent Bayl over    2. Baylment to Pledge    3. Contract real Rebayl       Rent upon a Lease for life during the Lease     2 personal 1. Chattels Lease at Will      Lease for years       1. Effluxion      After the Lease ended 2. Limitiation      2. A real thing 3. Condtion       Incident         Collateral        2. Personal 1. Rent reserved         2. Agistment    4. Upon Tayl Relief Sallary for  3. Partition   5. Matter in Law Ayde 1. Counseller  4. Tabling and Physick      Toll 2. Attorney      Fees 3. Servant for one day as Labourer  5. Vendition      Robbing 6. Marriage mony      Escuage 4. Retayner as for one or more years 7. Surgery     Â
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
3. part 45. Browns case Coke 4. part 96. A. Lamberts case Com. 459. B. Studs case Com. 504. B. Snowes case The Writ In Wales it may be by plaint without an original Writ for this action is out of the Statute 26 Hen. 8. cap. 6. Hill 36. Eliz. ban Regis 610. Griffin versus Eliot Wilkins It is Vi armis 1 Hen. 5. 3. Coke 9. part 78. A. Petoes case 21 Edw. 10. pl. 1. Choke But Hill 36 Eliz. ban Regis Rott 610. Griffin versus Eliot Wilkins in error that it may be without vi et armis 7 Hen. 6. 4. 17 Edw. 3. 1. Fuit ad terminum qui nondum praeteriit 2 et 3 Mariae Dyer 116. pl. 71. Et est pone per vad et salvos pleg 21 Edw. 4. 10. pl. 1. et 31 pl. 25. Brian It may be bona et catalla Com. 228. B. Lib. intra 252. B. Sect. 7 8. Although Regist orig 227. B. say to the contrary But may be without it Com. 229. A. 199. A. Adams Case Thé Process 1. before 2. after appearance The Process is Attach and distress and Process of Outlary Nat. br 220. H. 35 Hen. 6. 6. per Wangford Moyl Com. 228. B. Coke 9. part 78. A. Peytoes Case The Barr. Accord with satisfaction a good barr Coke 9. part 78. A Petoyes Case because it is but in the nature of a Trespass Dures a good barr Lib. intra 253. B. Sect. 10. Non ejecit a good barr si bona catalla are not in the Writ 7 Edw. 6. 89. pl. 111. 19 Hen. 6. 56. But if such words be in Quaere The Lessor had it but in right of his wife and he enters after the death of the Lessor in right of his wife Lib. intra 252. D. Sect. 8. That he surrendâ—ed before quod non ejecit a good barr 21 Edw. 4. 10. pl. 1. 30 pl. 25. The Judgement The judgement shall be quod recuperet against the Defendant terminum suum praedictum venturum de in c. ac dampna sua c. quod Defend capiatur 9. Eliz. Dyer 258. pl. 16. 7 Edw. 6. Dyer 89. pl. 109. Com. 420. A. Bracebridges case 515. Snowes case Lib. intra 253 A. Sect. 8. 256. C. Sect. 13. 259. C. Sect. 15. No. Lib. intra 188. A. pl. 7. 203. A. Sect. 8. 212. D. Sect. 11. 216. B. Sect. 13. Com. 526. A. Granthams case But note this is when the terme is not ended Coke 9. part 80. A. Peytoes case 4. part 104. Lamberts case Nat. br 220. H. 7 Edw. 4. 6. 13. Hen. 7. 20. B. Wood. Note also he shall recover damages but for the ejectment Coke 9. part 80. A. Peytoes case If the Terme be ended he shall recover all in damages 7 Edw. 4. 6. Fairfax No. Lib. intra 205. D. Sect. 9. Judgement First for the Plaintiff Com. 526. Granthams case Secondly for the Defendant No. Lib. intra 197. C. Sect. 6. Judgement upon a Non-Suit after Evidence delivered to the Jury No. Lib. intra 189. B. Sect. 2. Quare Impedit Ne admittas Quare non admisit Quare incumbravit IMpedire est pedem ponere in jus alienum quod quis habet in jure praesentandi Bracton lib. 4. cap. 6. fol. 247. A. Haec dictio impedit componitur de in pes unde revera ille impedit qui nititur intus pedem ponere in jus alienum ubi nullum jus ei competit nec proprietatis nec possessionis Bracton lib. ibidem Advowson is an interest to present an able man to a benefice 5 Hen. 7. 38. B. Brian Townsend Advocation est incorporalis est jus praesentandi ad ecclesiam vacantem Bracton lib. 2. fol. 53. A. Jus patronatus est Honorificum to be Patron or Protector Vtile to advance his friend Onerosum a burden to his conscience if he present one not able In what Court it lyes Bracton Lib. 3. fol. 160. A. Immediate in curia Domini Regis terminarid ebent placita de advocation â—t us Ecclesiarum quia si alius a Rege mandaret â—piscopis de admittendo Clericum ipse oltemâ— rabit alius à Rege coercionem non haberet quia Episcopus ad alterius mandatum quà m Regis Clericum admittere non tenetur Quare Impedit of an Advowson in Wales ought to be in com ban in England and shall be tryed in the County next adjoyning to Wales and the reason is because the Lords there have not power to send to the Bishop 36 Hen. 6. 33. B. Fortescue 35 Hen. 6. 30. pl. 35. 3 Edw. 3. 163. pl. 35. 8 Edw. 3. 319. pl. 15. 24 Edw. 3. 3. pl. 26. No plea to the Jurisdiction to say that it is antient demean because they cannot award a Writ to the Bishop 7 Hen 6. 35. In Ban. Regis it lyes for the King for he may sue there if he pleases Nat. br 3â— G. 47 Edw. 3. 4. pl. 9. The King grants Majori Ballivis juratis quinque portuum that they shall not be impleaded for no Land in no Court nor for other cause unless it be within the Five Ports scil at Shepway before the Warden of the five Ports this extends not to a Quare Impedit 21 Hen. 7. 88. pl. 7. Crooke Who shall have a Quare Impedit That he that is out of the possession shall not have a Quare Impedit which a man may be five wayes 1. by Presentation 2. by discontinuance of the Land to which c. 3. by Disseisin 4. by Descent 5. by Recovery in right of the Advowson or Quare Impedit Husband and Wife having it in jure uxoris they joyn in a Quare impedit Coke 5. part 57. Specots case 50 Edw. 3. 13. pl. 4. 7 Hen. 7. 2. B. 38 Hen. 6. 3. pl. 9. 28 Hen. 6. 8. pl. 3. But the Husband may bring this without the Wife 14 Hen. 4. 12. pl. 12. 22 Rich. 2. br 937. for the wrong done to the Husband The church void the Wife dyes the Husband shall have the Quare Impedit because the presentation was a Chattel invested 21 Hen. 6. 56. The Husband presents and after they are divorced the Husband shall have the Writ 31 Hen. 8. br Divorce 8. Cestui que use shall not have it but the Feoffees for the presentation is alwayes firm to the Advowson Crooke 17. Hen. 7. A. Frowick ibidem 2 Hen. 8. 160. B. pl. 1. Chancellor shall present to a church under 20 Marks per annum which are belonging to the Crown but not if the King have them by other Title Nat. br 35. K. 38 Edw. 3. 3. pl. 14. Com. 528. B. But vide Br. Praescript 86. that at this day the Chancellor presents to all under 20 l. per Annum The Defendant shall have a Quare Impedit against the Plaintif if his Clerk be not instituted Nat. br 35. C. The elder brother presents and dyes the brother by
4. 11. pl. 21. vide Crooke 12 Hen. 7. 20. pl. 6. Recovery in another Quare Impedit no Bar against the King for he may make another title Nat. br 35. P. Recovery by the Plaintiff against another in a Quare impedit no bar Recovery by a Stranger in another Quare Impedit no bar Crooke 18 Hen. 7. 49. pl. 4. That the Plaintiff is a Recusant Convict a good bar for the Presentment is given to the University per 3. Jac. Release of Actions Personals a good Bar 22 Hen. 6. 25 vel 27. Littleton fol. 116. A. 30 Hen. 6. Bar 59. So of actions real Littleton 116. A. 9 Hen. 6. 57. Martin Presentment alleadged in the Ancestry of the Plaintiff is a good bar to plead a Release and Quit claim of the Ancestry pro fine 8 Ed. 2. Quare Impedit 166. More Plaintiffs in a Quare Impedit the Release of one is no bar but for him only that released Coke 5. part 97. B. Northumberlands case 30 Hen. 6. Bar 59. Fortescue Judgement in a Quare Impedit 1. When he shall have Judgement 2. Of what things he shall have Judgement Upon Default after appearance the Plaintiff shall have Judgement and damages 2 Hen. 4. 1. pl. 3. Nat. br 38. S. But upon Default after continuance Distress shall issue out only 6 Rich. 2. Upon Default at the Grand Distress the Plaintiff shall have Judgement Lib. intra 507. A. Sect. 1 2 3. Quare Impedit against two one makes Default the Plaintiff shall have Judgement against him that makes default Nat. br 39. B. Quare Impedit aganist three one makes Default and it is found against the Plaintiff for the others they make title and it seems they shall have a Writ to the Bishop 31 Hen. 6. 15. pl. 5. Defendant makes title by himself and others makes default the Judgement shall be to have a Writ to the Bishop but this is not before the Plaintiff have Counted Nat. br 38. J. 10 Hen. 6. 4. pl. 13. Upon the Non-suit the Defendat shall have a Writ to the Bishop but not before title made Nat. br 38. K. 2 Hen. 5. 6. pl. 28. 19 Edw. 4. 9. pl. 10. 6 Edw. 3. 23. Collusion 5. 14 Hen. 4. 11. Unless the Non-suit be after Bar pleaded 33 Hen. 6. 1. pl. 2. fol. 55. pl. 48. Three sue a Quare Impedit and two are Non-suited and one of the Plaintiffs was also one of the Defendants therefore he cannot make title ideo quaere if they shall not have a Writ to the Bishop without title made 11 Hen. 6. 8. pl. 13. A. sued divers Writs against B. of the same Church and is non-suited in all except one the Defendant shall not have a Writ to the Bishop until that be determined Nat. br 38. R. The Defendant makes title to himself and another the Plaintiff is non-suited the Defendant shall have a Writ to the Bishop only 13 Edw. 3. br Episc 25. The Shrieve returns a tardè c. the Plaintiff makes default he shall be non-suited but the Defendant shall not have a Writ to the Bishop because the Writ was not served 2 Hen. 5. 3. pl. 14. Nat. br 38. O. 2 Hen. 5. 6. If an Infant be non-suited the Defendant shall have a Writ to the Bishop 2 Mariae Dyer 104. pl. 13. A brought a Quare Impedit against B. C. D. and is non-suited B. dyes C. D. shall not have execution alone 11 Edw. 3. br Episcopo 55. If one of the Coparceners be non-suited yet the other may fine and the Defendant shall not have a writ to the Bishop upon this non-suit 38 Edw. 3. 35. br Episc 126. The Plaintiff discontinued his suit the Defendant shall have Judgement to have a Writ to the Bishop Coke 7. part 27. B. A. brought a Quare Impedit against B. and sued a Ne admittas and then they compounded to present by turne there shall be a specicial writ out of the Chancery to the Bishop to admit the Clerk that ought first to be admitted Quare Impedit the Defendant disclaims in the Advowson the Plaintiff shall have Judgement and a Writ to the Bishop 6 Edw. 3. 7. Error 78. Where a writ abates for forme or false Latine there shall not be Judgment for the Defendant to have a Writ to the Bishop Nat. br 38. H. 14 Hen. 4. 11. 13 Hen. 4. 7. The Defendent makes default the Incumbent abates the Writ by Plea the Defendent shall not have a Writ to the Bishop because he made default Nat. br 38. H. If the Plaintiff being a Prebend be made a Bishop in Dublin this shall abate the writ per Wilby 24 Edw. 3. 26. pl. 21. The Writ abates for Misnosmer or non-sufficiency the Defendant shall not have a writ to the Bishop Nat. br 38. M. 31 Hen. 6. 15. If a Quare Impedit is brought in Com. M. and the Count of the Church in Com. O. the Writ shall abate but the Defendant shall not have a Writ to the Bishop 21 Rich. 2. 29. It was found by verdict that the Metropolitan collated where the Ordinary ought and when the yeer is passed the Plaintiff shall have a writ to the Bishop Nat. br 38. P. In a Quare Impedit between A. and B. if the title appear for the King Judgement shall be given for him Nat. br 38. E. The writ to the Bishop to whom it shall be directed If a man recover against another as well as the Bishop he ought to have a Writ to the Bishop of the Diocess Nat. br 38. C. If the Writ be against the Bishop although he claim but as Ordinary yet the Plaintiff shall have a Writ to the Bishop 8 Hen. 4. 22. Lib. intra 521 If a man recover against the Bishop he shall have a Writ to the Bishop or Metropolitan Nat. br 38. B. Q. 18 Eliz. Dyer 353. pl. 30. 38 Edw. 3. 12. B. If it be once to the Metropolitan he shall never have it to an inferiour Bishop afterwards ibidem Or to the Vicar general if the Bishop be out of the Realm Nat. br 38. Q. Or to the Gardein of the Spiritualities of the Arch-bishop 7 Hen. 4. 36. If there be no Bishop of the Diocess then to the Metropolitan if no Metropolitan then to the Gardein of the Spiritualities but if before the execution the Bishop be made quaere if the power of the Gardein be not determined 18 Eliz. Dyer 350. pl. 19. If it be against the Arch-bishop of York the Writ shall be to the Metropolitan 15 Eliz. Dyer 328. pl. 7. The King recovers a Prebendary or Subdeconry or dignity against the Bishop and gives it by Letters Pattents to A. yet A. shall have a Writ to the Bishop And if he dye before induction and the King grants this to B. he shall have a Writ out of the Chancery and a Writ to the Bishop Nat. br 38. D. The King recovers a Prebendary and
Assise 41. 20. Assize 2. 50. Assise 3. But quaere 50 Assise 3. if Tenant in Precipe aliens to B. which releases to the Feoffor for life and judgement if B. shall have Error per 9 Rich. 2. cap 3. Where the King is party to the judgement there shall be Error against him but not before Petition made to the King Pasch 12 Jac. Ban. Regis Davies case 23 Edw. 3. 12. pl. 14. 18 Hen. 6. 17. 22 Edw. 3. 3. pl. 25. 24 Edw. 35. pl. 43. The writ of Error The writ ought to make mention of him which was summoned and severed 9 Hen. 6. 38. 13. Covenant against A. as Assignee and Judgement given against him he brought Error the Writ needs not mention him as Assignee because this Addition was not of substance 19 Elizabethae Dyer 356 pl. 41. The Process in Error 1. upon Judgement in Ireland 2. upon a bill sealed 3. Judgement in another Court Error brought upon a Judgement given in Ban. Regis in Ireland there shall be a Scire facias in the writ of Error for by Sharde this is the usage and in no other manner 34 Assize pl. 7. Error upon a bill sealed there shall be a Scire facias against the Justices which sealed it ad cognoscend Sigilla c. per Westm 2 cap. 31. Lib. intra 293. C. sect 1. 11 Henry 4. 92. But the Justices may deliver it in Court by their own hands 11 Hen. 4. 52. 92. The Process in a writ of Error against the Judges to whom the Writ is directed is Alias Plures and Attachment Nat. br 22. G. When the Record is removed after Errors assigned the Plaintiff shall have a Scire facias against the Defendant ad audiend errores Nat. br 22 E. 10 Ed. 4. 13. 3 Eliz. Dyer 195. pl. 38. 201. pl. 63. 17 Edw. 3. 5. And upon two Nihils nec est inventus the Court shall come to examination of the errors 3 Eliz. 201. pl. 63. But untill error assigned the party shall not have a Scire facias 24 Edw. 3. 31. pl. 8. And if he assign that for error which the Court takes to be no error he shall not have a Scire facias 18 Hen. 6. 17. But in Error brought against the King there shall be no Scire facias because the King is alwayes in Court Nat. br 21. H. The Writ needs not mention the names of the Tertenants because it is of common form used 8 Hen. 4. 17. pl. 3. If the Shrieve return that the Heir is not in his Baly-wick and the Tertenant shews that he is in another County there shall go a Scire facias into another County 8 Hen. 4. 18. pl. 3. If a Recoveror makes a Feoffment and dyes without Heir it seems there that a Scire facias lyes against the Tertenant only and a Writ of Error 8 Hen. 4. 17. pl. 3. 9 Hen. 6. 49. B. pl. 30. Quaere But the 9 Hen. 6. 46. B. pl. 30. a Writ of Error lyes against none but the party or them that are privy to the former Judgement Gardein in right recovers in a Quare Impedit and dyes the other brought error and a Scire facias against the Heir of the Recoveror and against the Heir of him from whose right he took his title and against the Incumbent without naming the executor yet good because he recovers as Gardein in right but the contrary as Gardein in Deed 8 Hen. 6. 35. pl. 1. Error upon false Judgement in Oxford the party being dead there shall go a Scire facias as well against the Heir as against the Tertenant 8 Hen. 4. 18. pl. 3. A Scire facias needs not be sued against the Tertenant before the Judgement be reversed 47 Edw. 3. 7. But before that he enter he shall have a Scire facias against the tertenant for otherwise he shall be a Disseisor 4 Hen. 7. 10. 47 Edw. 3. 7. But if the Recoveror make a Feofment to his use and then the judgement be reversed there needs no Scire facias against the Feoffee for this is Ayded per 1 Rich. 3. 26 Hen. 8. 2. Error upon an Outlary in Fellony the Plaintiff ought to have a Scire facias to all the Lords mediate and immediate 7 Hen. 7. 5. 11 Hen. 4. 53. 4 Edw. 4. 10. And also against the party and the Tertenants Lib. intra 308. B. sect 3. And in a Writ of Error if the Plaintiff hasten not his suite the Defendant shall have a Scire facias against the Plaintiff to shew cause why he should not have Execution 24 Edw. 3. 24. 9 Hen. 6. 13. And such case two Nichils returned the Defendant shall have execution but after this the Plaintiff shall have a Scire facias 9 Hen. 6. 13. Diminution in Error 1. by whom 2. in what cases 3. at what time 1. The Plaintiff in Error may alleadge Diminution Nat. br 25. A. The Defendant may 28 Hen. 6. 11. 15 Eliz. Dyer 321 pl. 21. 2. Error upon a Judgement in London the Recorder certifies it yet he is held to do according to the custome Quaere if Diminution shall be alleadged 34 Hen. 6. 42. When all the Record is not removed Diminution may be alleadged Nat. br 25. A. vide the Writ there Diminution alleadged in 1. Essoine Lib. intra 290. C. sect 1. 1 Hen. 7. 2. 2. Continuance of the Jury Lib. intra 290. D. sect 2. 3. Words in title in Assize Lib. intra 290. D. sect 3. Diminution shall not be alleadged upon a bill sealed because the bill is not of Record 11 Hen. 4. 52. Hull 65. 3. After in nullo est erratum pleading in another Terme the Plaintiff may not alleadge Diminution 28 Hen. 6. 11. But the Defendant may 28 Hen. 6. 11. But per 7 Edw. 4. 25. Error 45. the Defendant may not But Coke 5. part 37. B. Bishops case after in nullo est erratum pleaded no Diminution shall be alleadged The Plaintiff to the Writ before that he assigne Errors or a Scire facias ad audiend errores and by this means the Defendant may not afterwards alleadge Diminution 16 Eliz. Dyer 330. pl. 18. vide 13 Hen. 4. Error 92. But note that the Defendant after that he had rejoyned alleadged Diminution No. Lib. intra 232. B. The Plaintiff may not alledg Diminution for any Error in Deed after a Scire facias awarded 22 Edw. 4. 45. The Assigment of Errors 1. by whom 2. at what time 3. upon what Record 4. of what things Assigment of errors is in place of a Declaration 9 Edw. 4. 32. If one brings a Writ of error and he and another assigne errors this is good as to him that brought error and void as to the other but if two brought error and one assigne errors this is not good to either Mich. 9 Jac. In the Chequer chamber Shakley versus Porter Conusor of a Fine shall not
20 p. to carry to Lombard to be exchanged and he brings a bill of exchange for the money without that that he was a Receiver for account render for by this he doeth not confesse the recits for Account-rendering 5 Hen. 5. 4. pl. 10. 28 Hen. 6. 9. pl. 1. 3 Hen. 6. 4. pl. 4. So if the plt deliver to one 20 p. to obtain a discharge under the great Seale of Customs 10. Hogsheads of wine the which he hath done this is good 30 Hen. 6. 5. pl. 4. Redelivery to the plt without accquittance not good 39 Edw. 3. 19. pl. 21. So if it be with an accquittanc 3 Edw. 3. 52. pl. 13. becuse by this he hath confessed the receipt for account-render But this is good before Auditors 29 Edw. 3. 35 pl. 1. The defendant pleads that he as messenger of the plaintiff received of C. being provost to the plaintiff and this payd and delivered to the plaintiff this is no barr because by the Receipt he is lyable to the account 6 Edw. 3. 185. pl. 7. 29. Edw. 3. 20. pl. 11. An account of a Receipt by the hands of B. 1. of May till the first of July it is no plea that B. is dead 3 of May because because he may receive this the 2 of May. 8 Hen. 6. 32. pl. 28. A. delivers 20 l. to B. to redeliver B. binds himself to pay this no barr in account 4 Edw. 3. 125. pl. 45. Defendant pleads the plantif being in his debt commands him to receive of B. so much to his owne use as will satisfie his debt which he doeth without that that he was his Receiver for account-render and good Lib. Intra 20. A. et B. sect 6. 5 Edw. 4. 29. B. Brian But if he confesse the receipt upon account and commands him afterwards to retaine the debt this is no barr 28 Hen. 6. 7. pl. 9. No plea that he was factor and was Robbed but a good plea before Auditors Coke 4. parte 84. A. 41 Edw. 3. 3. pl. 9. Vende and takes an obligation no barr 28 Hen. 8. Dyer 29. pl. 193. Upon Recipt by others hands a good plea that he was never Receiver by their hands 10 Edw. 4. 8. A. 7 Edw. 3. 259. pl. 13. 8 Edw. 3. 285. pl. 34. 7 Edw. 3. 242. pl. 1. 24 Edw. 3. 66. pl. 74. 25 Edw. 3. 39. pl. 24. But 5 Edw. 3. 159. pl. 22. this is not good but shall say generally that he never was his Receiver If one testifie his receipt by deed he cannot plead that he never was his receiver 10 Edw 3. 383. pl. 18. Defendant pleads that he is executor of B. and that he received the money as a debt of B. this not good because the Plantiff supposeth him his receiver but ought to say without that that he received it as the money of the Plaintiff 11 Hen. 4. 79. pl. 20. 13 Hen. 4. pl. 1. Note if the Receit be by the hands of the Plaintiff the Defendant may wage his law 7 Edw. 3. 269 pl. 52. So upon the delivery of the wife of the Plaintiff 13 Hen. 4. 8. 43 Edw. 3. 33. pl. 31. But upon a Receit by other hands he cannot 9 Eliz. Dyer 265. pl. 2. 22 Hen. 6. 39. pl. 10. 5 Edw. 3. 159. pl. 22. 33 Hen. 6. 8. B. Moyle because the Receit lyes in notice of the Country An Executor brought an account upon the delivery of the Testator the Defendant cannot wage his law 7 Edw. 3 269. pl. 52. Outlary of the Plaintiff after the Receit a good bar although he had a Charter of pardon 28 Edw. 3. 92. pl. 10. A good plea that after the Receit he married the daughter of the Plaintiff and it was then agreed that he should keep the money 12 Hen. 4. 18. A. So that he put the money in a bag and that he should keep it in liew of a debt 28 Hen. 8. 7. pl. 9. Delivery over by command of the Plaintiff a good plea 19 Hen. 6. 5. pl. 10. Lib. Intr. 20. A. Sect. 5. 42 Edw. 6. pl. 21. Re-delivery good without an acquittance because he cannot compell the Plaintiff to make an acquittance 29 Edw. 3. 35. pl. 1. 6 Edw. 3. 185. pl. 7. 29 Edw. 3. 20. pl. 11. but it seems it may be a good plea before Auditors Expences reasonable shall be allowed to a Factor 3 Edw. 3 56. pl. 30. A Factor pleads that he was robbed Coke 4. part 84. A. Southcots case 41 Edw. 3. 3. pl. 9. So for goods lost by Tempest 3 Edw. 3. 56. pl. 30. 41 Edw. 3. 3. Pl. 9. So for goods sold under value by reason of war 3 Edw. 3. 56. pl. 30. Defendant said he received money in full satisfaction of a debt of another c. this was held void because he did not name that he never was his Receiver the which was found before Hill 43 Eliz. Com. Ban. Rott 1707. Treshams case Vendee takes an obligation in the name of the Plaintiff a good plea 28 Hen. 8. Dyer 29 pl. 193. But then he ought to shew that the obligor was sufficient at that time 3 Edw. 3. 56. pl. 30. The judgement against a Receiver 1. of Account 2. to recover 1. The judgement is quod computet ideo in miserecordia quia prius inde non computavit Coke 11. part 38. A. Metcalfs case Lib. Intr. 19. D. sect 1. Quod computet for parcel and bar for the remainder Lib. Intr. 22. A. Sect. 2. But if he confess part and traverse the other no judgement shall be till the other be tryed 41 Edw. 3. Account 34. The judgement is Ideo consideratum quod praedictus W. recuperet versus praefat M. so much as is found in Arrerages dampna occasione implacitationis c. Coke 11. part 40. A. Metcalfs case The King is not held to account against any as Receiver but generally quod ille ad computum domino Regi reddend tenetur and against Executors quod tenebantur tempore mortis suae Coke 11. part 90. Devoushers case The Writ against a Receiver Rex c. pr. A. quod juste c. reddat B. rationabilem computum suum de tempore quo fuit Receptor denariorum ipsius B c. Regist orig 135. ibidem B. vide diversa brevia de computo versus Receptorem But there is another form of a Writ founded upon the Statute of Marlebridge Cap. 23. Nat. br 117. H. Regist orig 136. B. A good plea to the Writ that he was Bayly and not Receiver for otherwise he shall be twice charged 3 Edw. 3. 70. pl. 28. 18 Edw. 4. 3. pl. 17. A good plea to the Writ that he was Guardian in Soccage 18. Edw. 4. 3. pl. 17. The Writ shall be alwayes general and if the cause be special it shall be in the County Nat. br 118. F. The Defendant pleads the Receit by deed and demands judgement of
the Writ without shewing it this is no plea to the Writ because the Receit and not the dead is the cause of Action 1 Hen. 6. 8. 28 Hen. 8. Dyer 20. pl. 121. But the 9 Edw. 4. 50. B. per Choke contra 2 Hen. 6. 9. quaere No plea to the Writ if they do not agree with the Plaintiff concerning the manner of the Receit 4 Hen. 6. 12. pl. 4. The Process against a Receiver 1. before Appearance 2 after At the common law the Process was but a distress infinite Coke 3. part 12. A. Harberts case But per Marlebridg cap. 23. a Capias is given Coke 3. part 12. A. And by Westm 2. cap. 11. Process of Outlary is given Coke 3. part 12. A. 17 Edw. 3. process 203. 17 Edw. 3. 59. pl. 55. Shard 26 Ed. 3. 5. pl. 13. A Scire facias shall issue against Tenant per. Elegit to account 21 Edw. 3. 2. pl. 6. 5 Edw. 3 159. pl. 20. Regist Judicial 73. B. Old Nat. br 34. And if he come not upon summons returned Judgement shall be given against him 5 Edw. 3. 159. pl. 20. 21 Edw. 3. 1. Conusor of a Statute shall have a Scire facias against a Conusee de Account Coke 4. part 67. B. 47 Edw. 3. 11. Pl. 9. fol. 25. Pl. 63. So the Assignee of a Conusor 25 Edw. 3. 53. Pl. 17. But then he cannot surmise that it was appraised and found of base value 17 Edw. 3. 36. Pl. 6. If a Receiver come in by a Capias or Exigend he shall be forthwith committed to the Fleet 29 Edw. 35. Pl. 63. So if he come in by distress and the account be adjudged against him 29 Edw. 3. 35. Pl. 63. But if the account be adjudged against him and he be not present in Court a Capias ad computandum shall issue out 1 Edw. 3. 2. Pl. 10. 1 Hen. 7. 1. Pl. 1. Townsend Lib. Intr. 18. Sect. 1 2 3 Judgement given quod computet the Plaintiff dyes the Executors shall have a Scire facias which being served if he appear not an Exigend shall issue forth 14 Hen. 4. 1. But if the Defendant be taken per Capias ad computandum and dyes in prison a Scire facias lyes not against his Executors 10 Edw. 4. 7. 41. Assize Bar by a Receiver 1. to an Action of Account 2. before Auditors The Defendant pleads he bought the goods of the Plaintiff and he brought this Action for them a good Bar 14 Hen. 4. 19. Pl. 21. The Defendant pleads that it was agreed that he should be bound to the Plaintiff for the principal and use the which he did this is a good Bar 22 Hen. 6. 55. Pl. 32. for this drowns the contract otherwayes he ought to plead this before Auditors So if the Plaintiff grant that if the Defendant pay 20 l. will withdraw his Action a good Bar because by way of Accord 7 Edw. 3 325. Pl. 11. 18 Edw. 3. 39. Pl. 35. No plea that he put it in a bag and that the Plaintif agreed that he should keep it in liew of a debt because the Receit for account-render is confessed 28 Hen. 6. 7. Pl. 9. The Count was that he did account of such a Sum such a day and year and place before A. and B. Auditors assigned by the Plaintiff a good Bar Lib. Intra 19. D. Sect. 3. 25 Edw. 3. 39. Pl. 1. 2 Edw. 3. 45. Pl. 13. Count of divers sums received between such and such a day and pleads to parcel of the time that he hath fully accounted and to the Remainder that he was not his Receiver there he ought to shew of what he had accounted 30 Edw. 3. 1. Pl. 4. That he accounted to the Plaintiff from three moneths to three moneths a good Bar 39 Edw. 3. 5. Pl. 22. A good Bar that he did account 1º April but then he ought to say without that that he was his Reciever before or after 21 Edw. 4. 66. Pl. 47 7 Hen. 4. 14. Pl. 17. 45 Edw. 3. 14. Pl. 13. 34 Hen. 6. 44. Counts that he was Receiver for seven years it is no Bar that he accounted 1º Maii Anno 5º without answering for the two other years because he is to answer for the whole time as well for the increase as principal 7 Hen. 6. 5. Pl. 8. As to 20 s. received 1º Jun. fully accounted for and to the receit afterward or before that he never was Receiver 27 Hen. 6. 1. Pl. 8. A good Bar quod 21. Jannarii Anno c. to D. in the County of W. he fully accounted with the Plaintiff Lib. Intr. 20. B. Sect. 8 9 10. 11. Before the Writ he did account with the Plaintiff a good Bar 4 Hen. 6. 43. pl. 4. But he ought to account to the Plaintiff before he is imprisoned or else no Bar 22 Edw. 3. 3. pl. 32. 7 Hen. 4. 14. 34 Hen. 6. 44. pl. 4. For the Plaintiff cannot commit him to prison for Westm 2. cap. 11. gives this only to Auditors 45 Edw. 3. 14. pl. 13. Account brought by Executors a good Bar that they did account to the Testator and shew his acquittances 1 Edw. 3. 2. pl. 10. Defendant pleads award by Arbitrators that he redeliver the goods this is nought but if he had been charged only with the safety of them then good 2 Hen. 5. 2. pl. 6. Account upon a Receit by other hands Arbitrament is a good Bar 22 Hen. 6. 39. pl. 10. Execution against a Receiver 1. per Common Law 2. per Statute Law 1. By the Common Law it was but a Levari facias or Fieri facias Coke 3. part 12. A. Harberts case And this only within the year for if the year was past then an Action of debt Unlesse the Processe be continued 33 Hen. 6. 49. pl. 33. 2. Per Westm 2. cap. 45. a Scire facias is giv en after the year Coke 3. part 12. A. Per Marlebridge cap. 23. Westm 2 cap. 11. a Capias was given in Process and by consequence a Capias ad satisfaciendum in execution Coke 3. part 12. A. Lib. Intra 18. C. Sect. 1 2 3. Per Westm 2. cap. 11. if the Accountant before Auditors be found in Arrereages he shall be committed by them to the next Goale in execution the same law is if he will not account before Auditors 10 Edw. 3. 387. pl. 28. But this shall be forthwith Coke 8. part 119. B. Bonhams case 27 Hen. 6. 8. Com. 17. But if he account before the Plaintiff he cannot commit him to prison for the Statute saith before Auditors 45 Edw. 3. 14. pl. But the Accountant to the King shall be imprisoned and his goods and lands in execution per the Common law Coke 3. part 12. B. 5 Eliz Dyer 224. Com. 32. Ex parte talis Per Westm 2. cap. 11. If Auditors be assigned by the party which will not allow reasonable charges to the Receiver or charge him with a thing he never received
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
20 Sheep Boke 5. part 109. Foxleys case It lyes for a Chain-door found and solde 3. Mariae Dyer 121. pl. 14. It lyes of a Horse But it is no plea that a person unknown stole them and left them waiviavit without shewing the circumstances Coke 5. part Foxleyes case 109. A. but if he had said quidam ignotus waiviavit them without saying any more this is good for the circumstances shall be intended for waiviavit est vocabulum artis Mich. 15. Jac. Ban. Regis Leader Paschall 1. Traverse the sale is good 3 Mariae Dyer 121. pl. 16. 2. That he distrained them for a Rent charge absque hoc that he converted them this is nought for it is no conversion at all ideoque it amounts to the general issue Mich. 9. Jac. Ban. Regis Davies Knap That he is a horse-breaker and delivered it for him c. Absque hoc c. this amounts to the general issue Mich. 9. Jac. ban Regis Lovelace Martin Husband and wife shall have this action for a deed by which an Annuity was granted to the wife for the wife should have it if she survive the husband Trin. 40. Eliz. Com. ban Russel Catesby It lyes for twenty Pooks of corn Trin. 38 Eliz. Com. ban Price versus Sr. Walter Sands It lyes of four bushels of wheat Trin. 12 Jac. ban Regis Hill Hawkes The Defendant shews prescription in the Baylie of L. to elect a Belman which ought to repair the street of the market place and to cleanse it and that he shall have of every bushel there brought to sell one pinte of wheat c. justifies c. this is good because the custom is doubtful therefore a good bar otherwise this plea amounts to the general issue Trin. 12 Jac. ban Regis Hill Hawks For delivering of jewels c. in a box to B. who dyes and they come to C. who breaks the box and converts them 20 Hen. 7. 4. pl. 13. That he did not convert them to his own use a good bar for the Trover breaking are but conveyances 20 Hen. 7. 4. pl. 13. per Fineux It lyes of 50 l. of wooll ad valentiam c. for per curiam pondus shall be taken one pound weight because this weight is more certainly known throughout all the Countrey Mich. 9 Jac. ban Regis Roe Loyd It lyes of a 100 load of wood and 40 Beeches No. Lib. intra 41. B. Sect. 33. Of three Monkeys and error brought because that they did not say they were tame Mich. 9 Jac. in Exchequer chamber Shackley Porter It lyes of fourty measures of Pippins scil Bushels Mich. 9 Jac. in Exchequer Err. inter Claydon Taylor Covenant Conventio est quasi Transactio Covenant is either by Common Law 1 Exprest 1. By word 1. Personal touching Chattel Real Personal   2. A Real thing    1. Indented    2. Poll Reall 1. Warranty de qua non est hact  2. By deed 2. Covenant de qua non est hact be seized to use   3. Covenant to levie fine  2. Implyed 1. Personal   2. Real  Statute Law 31 Edw. 3. cap. 11. Administrator shall have it and be subject to a Covenant 32. Hen. 8. Cap. 34. Grants against Lessees e converso 1. Court 2. Plaintiff 3. Defendant 4. Things 5. Count. 6. The Writ 7. Processe 8. Barre 9. Judgement 10. Execution In what Court Covenant lyes 1. personall 2. Reall 1. IT lyes in the County or Hundred Nat. br 145. E. 2. It lyes in any court of the Lord. Nat. br 145. E. 3. In London Nat. br 146. A. 1. Marshalsey between 2 of the Household Coke 10. part 74. A. otherwise not 2. In the court of the Lord by speciall grant 44 Edw. 3. 28. pl. 18. et fol. 37. pl. 30. Lib. intra 296. A. sect 1. 50. Assiz pl. 9. Fine levyed in the county Pallatine of Lancaster good 37 Hen. 8. cap. 19. In Banco Regis 36. Hen. 6. 34. A. Fortescue but it shall be avoyded by writ of error In Ancient demeasne quaere per. 6 Edw. 3. 207. pl. 20. But the 44 Edw. 3. 37. 50. Assiz 9. Knivet it is not good But 22 Hen. 7. 90. B. pl. 14. Crooke a fine may be levyed in antient demeasue per petty writ of right close In Eire good 1 Edw. 3. 10. pl. 34. 8 Edw. 3. 27. 18 Edw. 3. 40. pl. 53. In communi banco Before the Justices of the grand sessions in Wales 34 Hen. 8. cap. 26. Who shall have Covenant 1. Personall 2. Reall If a man covenant with another to enfeoffe him or to serve him c. the other shall have covenant although he doe not agree Nat. br 145. A. But then it ought to be by deed Regist orig 165. B. Nat. br 145. A. et G. 7 Rich. 2. deeds 160. Yet in London a man shall have Covenant without deed per custome Nat. br 146. A. 22 Edw. 4. 2. pl. 6. Vavisor 21 Hen. 6. 10. Covenant 11. Administrator shall have Covenant by the equity of the statute de 31 Edw. 3. cap. 11. Coke 9. part 40. A. Hensloes case But not before 19. Edw. 3. covenant 24. Assignee shall have Covenant where it is made to one and his assignes Nat. br 145. C. Regist orig 165. B. Assignee shall have covenant without shewing the deed of covenant Trin. 36 Eliz. Banco Regis Noke versus Ander But there if the lessee for years by estoppell grant over his terme the Assignee shall not have Covenant because he had nothing in the land but only an estoppell A. Prior with the assent of his Covent by deed covenants for him and his successors with B. and his heirs that he and his Covent shall sing in the chappel of B. which is parcell of the mannor of B. for the Lords of the said mannor the Alliance of B. shall have covenant because it is a service annexed to the Mannor 42 Edw. 3. 3. pl. 14. Coke 5. part 17. B. Spencers case 45 Edw. 3. 3. 28 Hen. 8. Dyer 24. pl. 149. 2 Hen. 4. 6. pl. 25. But if the service is to be made in the Chappell of the other then the assignee shall not have covenant because it is annexed to the Mannour 2 Hen. 46. pl. 25. And so if one covenant with a Tenant by Curtesie to singe in his house although that he surrender and take for years he shall have Covenant because it was annexed to his estate 6 Hen. 4. 1. pl. 5. Assignee by word shall have covenant Coke 3. part 63. A. Lincolne Colledges case Assignee of Assignee shall have covenant Coke 5. part 71. B. Assignee of Copercenary shall have covenant against the other parcener to acquit him of the suite because the covenant goes with the land Coke 5. part 18. A. Spencers case 42 Edw. 3. 3. Lessor covenants to repair the
year be past it was an Action of debt Coke 3. 12. A. Unlesse the Process were continued 33 Hen. 6. 49. pl. 33. By Westm 2. cap. 45. a scire facias was given after the year Coke 3. part 12. A. And per Westm 2. cap. 18. Elegit is given Coke 3. part 12. A. By the 23 Hen. 8. cap. 14. Capias ad exigend fuit given in Processe and by consequence a Capias ad satisfaciendum in execution By the Common Law it was but a Writ de fine facto which was but a Writ of Covenant 43 Edw. 3. 12. B. Belknap Glanvil Lib. 8. cap. 4. vide the Writ there But entry was congeable to execute it 8 Edw. 3. 277. 24. Edw. 3. 40. pl. 49. Coke 7. part 32. If land be tayled to one by fine he shall have a Formedon in Remainder 6 Edw. 3. 185. pl. 9. Harle But when the King levies a fine he ought to make Letters pattents to the Conusee to enter Coke 7. part 32. Fine levyed of an Advowson this may be executed by quare impedit 24 Edw. 3. 69. pl. 78. But if usurpation be no scire facias 33 Edw. 3. Quare impedit 193. Knivet Fine levied of Services there shall be a per quae servitia 29 Edw. 3. 46. pl. 9. Fine levied of Rent there may be a Writ of Covenant 22 Edw. 4. 2. pl. 6. Tenant grants to do his services there shall be but a Distresse to Edw. 3. 371. pl. 3. Fine levied of a Reversion there shall be a quid juris clamat to execute this And if the Tenant alien yet the Writ shall be against him and his Assignee shall be bound by his Attornment 8 Hen. 6. 17. B. 18 Hen. 6. 3. B. pl. 2. Conusor dyes there shall be no quid juris clamat but if the Conusee only dye quaere if his Heir shall have the Writ 34 Hen. 6 7. B. Moyle Fine levied before memory there shall be no Execution 1 Edw. 4. 6. pl. 13. By Westm 2. cap. 44. Scire facias is given after the year but within the year such execution as in other judgements Detinue 1. Quid 2. Quotuplex Detinue is either by Common Law 1. Upon baylment 1. To the Defendant himself 1. Of chattels Personal 1. Alive  2. To another  2. Dead 2. Upon a Devenerunt 1. General 2. Of deeds 1. Certain Chattels  2. Incertain in a Bag. 2. Upon Trover Box.  Chest    1. Sealed    2. Unsealed Reals Satute Law Westm 2. cap. 2. Against a Sheriff and the Avowant 27 Hen. 8. cap. 7. Against Forresters in Wales 2 3 Mariae cap. 7. For the owner of a Horse stole and sold not according to the Statute 1. Court 2. Plaintiff 3. Defendant 4. Thing 5. The Count. 6. The Writ 7. The Processe 8. The Garnishment 9. Enterpleader 10. Barre 11. Judgement 12. Execution In what Court Detinue lyes 1. of Chattells 2. of deeds for Land 1. It lyes in the County Nat. br 138. B. In any other Court Nat. br 138. C. In Common Bancke Nat. br 138. B. It lyes not in the Marshalsey Coke 10. part 76. A. 72. A. Marshalsey 2. In the County Court Nat. br 138. B. Regist orig 159. B. It lyes not in any court without a writ and if it be sued a Prohibition lyes Nat. br 138. C. Regist orig 159. B. Who shall have a detinue 1. of Chattles 2. of deeds Avowant shall have a Detinue against a Shrieve upon a return Habend where he returnes quod Averia elongata sunt per Westm 2. cap. 2. 9 Hen. 6. 42. But this shall not be untill it be returned quod plegii nihil habent nec sunt inventi Goods taken out of the possession of the wife which marries and dyes the Husband shall not have a Detinue unlesse his wife make him executor 38 Hen. 6. 26. pl. 38. Executor shall have a Detinue A Woman shall have a detinue after divorce for the goods given in marriage with her Nat. br 139. M. 16 Hen. 8. 7. pl. 1. 28 Hen. 8. Dyer 13. pl. 61. But the 13 Hen. 3. prohibition 21. the wife may sue for them in Court Christian A woman shall have a Detinue for a rationabile parte bonorum where the Custom gives such part Nat. br 122. L. The Heir shall have a Detinue upon Baylment to rebayl to him and his Heirs although it be but a Chattel 15 Edw. 3. 159. pl. 24. Custom that the Heir shall have the principal goods he shall have a Detinue for them 30 Edw. 3. 2. pl. 9. 29 Edw. 3. 6. pl. 24. And so the Heir of a Coppy-holder shall have a Detinue for the Coppy before Admittance Coke 4. part 22. B. 3. A. leases a house with implements to B. for years A. shall have a Detinue for implements at the end of the Terme although they are wasted 20 Hen. 6. 16. pl. 2. The Plaintiff in a Replegiare shall not have a Detinue for Cattel taken in Withernam 6 Hen. 7. 8. B. 2 Hen. 4. 9. Br. Debt 51. Because he that brings a Detinue ought to have property 6 Hen. 7. 9. Nat. br 138. 2 Hen 4. 9. In a Repleg the Avowant returns irreplevisable yet if the Plaintiff tender amends he shall have a Detinue Coke 8. part 147. A. For he which returnes irreplevisable had not property in them 10. Eliz. Dyer 280. pl. 14. Quaere if the Avowant after appearance claimes property shall have a Detinue for the goods taken in Withernam 11 Hen. 4. 10. pl. 21. If a Horse be Stole and sold in a Market over and be not tolled for according to the statute 2 3 Mariae cap. 7. the owner shall have Detinue by the same statute In Wales if Cattle or goods be stole and sold in a Fair or Market there the property is not altered therefore the owner shall have a Detinue 34 Hen. 8. cap. 26. The King shall have a Detinue for Cattle of an Outlawed person 4 Hen. 7. 17. pl. 3. bre outlary 41. The Lord shall have a Detinue for a heriot Custome if it be taken after seisure because he had the property before seisure 13 Edw. 3. Br. Harriot Trin. 9. Jac. Ban. Regis Cresses case per Curiam in a Prohibition vide 10 Hen. 4. 4 Hen. 6. But the 14 Edw. 3. Barr. 277. Wilby a man shall not have an Action for a Harriot If a thing be delivered to A. to deliver to B. yet B. shall have a Detinue 18 Hen. 6. 9. A. Newton Husband and wife joyn in Detinue for a deed of lands 38 Hen. 6. 25. Lib. intra 209. D. sect 3. et fol. 217. A. sect 2. But this is when the Defendant comes not to the Lands by Baylment for if the Husband Bayle them he shall have it alone ibidem 8 Edw. 4. 15. 38 Hen. 6. 25. A. Vide tamen Lib. Intra 217. A. sect 2. If Baylement be
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.
441. A. pepyes case Lib. intra 172. D. 173. A. 3 Edw. 3. Execution 107. But by Westm 2. Cap. 45. a Scire facias was given after the year and per Westm 2. cap. 18. Elegit was given Coke 3. part 12. A. If a man have an Elegit on Record and there be a Nichil returned he shall have never any other execution 19 Hen. 6. 4. 5 Edw. 4. 41. 15 Hen. 7. 15. Fairfax And by the 25 Edw. 3. cap. 17. Capias was given in debt and per consequence a Capias ad satisfaciendum in Execution Coke 3. part 12. A. Harberts case Mich. 41 42 Eliz. Com. Ban. if the Plaintiff dye after Execution yet the Shrieve may levy it and if there be no Executor or Administrator the moneys shall remain in Court But if the Defendant dye before Execution there the Shrieve cannot make Execution for the words of the Writ are that it shall be levyed of the goods of the Defendant Thoroughgoods Case Upon a non est inventus returned of the Principal upon Judgement in Com. Ban. the party shall have Execution against the Bayl because the debt being by original is certain there the Lands which they had at the day of the taking the recognizance shall be lyable but quaere in ban Regis if more lands are lyable than they had the day of the originall because the debt is uncertain Mich. 15. Jac. ban Regis Baskervile et Brocket speciall verdict The defendant for damages and costs shall have the same execution as the plaintiff hath as if he had recovered against the defendant per 23 Hen. 8. cap. 15. The lands which he had at the time of the Judgment and not before Coke 8. part 171. Fleetwoods case 42 Edw. 3. 11. pl. 13. 6. Edw. 193. pl. 14. But if the Judgment be the last day of the Terme the lands which he had the first day of the terme are lyable because all the terme is but one day in law 42 Assiz 17. If two Joyntenants are for life and he against whom the Judgment is given dyes before execution this shall not be put in execution 13 Hen. 7. 22. A. Land in antient demeasne shall be put in execution Coke 5. part 105. A. Aldens case Hill 11. Jac. com ban Rot. 2541. Cox et Barnesly The goods that he had at the time of the execution shall be only lyable to execution Coke part 171. A. Fleetwoods case 2 Hen. 4. 14. 9 Hen. 6. 58. 11 Hen. 4. 7. 34 Hen. 6. 23. B. Prisot 21 Hen. 7. 87. pl. 1. Crook Unlesse it be in case of executors 34 Hen. 6. 23. B. Prisot But sale by covin after Judgment cannot hinder the execution 22 Assiz 72. 13. Hen. 4. 4. pl. 9. Hill 40. Eliz. com Ban. per Curiam if a writ of execution be awarded for debt or damages and between the Teste of the writ and execution the party sold the goods bona fide yet these are lyable to the execution Ejectment In what court it lyes IT lyes not in the Marshalsey Coke 10. part 72. A. Marshalsea In Ban. Regis it lyes In Com. Ban. it lyes In the chequer it lyes for a party priviledged Coke 1 part 3. A. Pelhams case and this was by bill But if it be by antient demeasne land it lyes not in the court of the King Coke 5. part 105. A. Aldens case 9. part 77. B. Because the possession is to be removed in such account per Hobart cheif Justice Hill 11. Jac. com ban Rot. 25. 41. Cox versus Barnsbee But none can plead this but ter-tenant 2 Hen. 7. 17. pl. 1. But if the plaintiff do not put in his declaration until the end of the term the defendant cannot plead antient demeane the next terme but must move the court that the plaintiff put it in his declaration and then the advantage shall be saved Trin. 12 Jac. ban Regis But he may plead this after veiw because by this he confesseth if it be frank fee or not 50 Edw. 3. 9. pl. 20. Who shall have Ejection Firme Lessee for years only shall have it Nat. br 120. F. And this only upon the possession in deed for he shall not have it upon a possession in law 23 Hen. 8. br quia ejecit infra c. 5. Nor upon a lease to commence in futuro 37 Hen. 6. 18. A. Note that tenant for years needs not count that he entred but that a lease was made to him by vertue of which he has possessed com 503 B. Grendons case Tenant for years leases to B. at will who is outed by a stranger tenant for years shall not have an action because he had not the actuall possession Pasch 11. Jac. In the Chequer inter Sir Rich. Grebham et Stone Tenant for years leases for one year or a lease is made for yeares the remainder for years estranger enters none shall have an ejectment but the tenant in possession Crooke 130. pl. 99. Lessee shall have an ejectment after the terme ended and recover all in danages 21 Edw. 4. 30. pl. 25. Brian 7. Edw. 4. 6. B. Fairfax Lessee which may have a real action cannot have an ejection firme Com. 419. B. Bracebridges case Husband and wife ought to joyn if it be in right of the wife 21 Edw. 4. 10. pl. 1. 30. pl. 25. 7 Edw. 4. 6. B. Fairfax Com. 418. B. Bracebridges case But if the terme be ended the husband alone shall have it because nothing shall be recovered but damages 7 Edward 4. 6. B. Fairfax Lessee for one year of a Coppyholder shall have an ejection firm Coke â—4 part 26. Lessee of a Coppyhold for more years shall have an ejection firm although that such Lease be a forfeiture for it is a good Lease against all but the Lord Trin. 36 Eliz. Ban. Regis Downings case Executor of a Lessee shall have it No. Lib. intra 195. D. Sect. 6. Executor Husband and Wife Co-executor and the Count. Lib. intra 252. B. Sect. 6. Executor shall have an ejection firm in vitâ— Testatoris per the equity of the Statute 4 Ed. 3. cap. 6. Coke 9. part 78. B. Peytoes case Churchwardens shall have it of land leased to them 15 Hen. 7. 8. Tennant by Elegit shall not have an ejection firm Crooke 109. pl. 29. Tennant in Common shall have it against his companion Littleton 73 A. Father and Son having several inheritances the Father levies a fine the son being beyond-sea dyes his Issue enters and leases being within age to A. without rendring Rent A. enters the Conusee enters and leases it to B. yet he shall not have an ejectione firmae against A. without express outing because as to the moyety the Plaintiff had not title and the Defendant had none because there was no rent reserved Pasch 32 Eliz. com ban Rott 1017. Smye versus June and others Against whom Ejectment lyes It lyes against Husband and Wife Lib.
alleadg the presentation in him against whom he recovered Nat. br 33. J. Or may have this without alleadging any presentation but may count upon the Record Nat. br 36. A. If he recover in a Quare Impedit 42 Edw. 3. 8. pl. 5. 3. He may alleadg seisin in the Procurator Nat. br 33. J. 17 Edw. 3. 60. et 75. He that alleadges presentation ought to shew that the Presentee was instituted although that it was against a common Person But against the King he ought to shew that he was inducted Com. 528. Bickleys case Coke 6. part 49. Boswels case And such presentment ought to be within memory 17 Edw. 3. 10. Devisee for life alleadges the presentation in himself and good Coke 5. part 37. 8 Hen. 5. 10. The presentation of Tenant for life Coke 5. part 97 98. For years 7 Edw. 4. 20. 22 Edw. 4. 9. B. In Dower Courtesie At Will 5 Hen. 5. 3. pl. 6. These are the presentments of him that hath Fee The King grants the Advowson to A. the Church being void and presents 13 Eliz. Dyeâ— 330. pl. 36. grants or presents by Lapse 21 Eliz. Dyer 364. pl. 28. But the Issue in Tayl ought to alledge presentment in the Donor because he derives his title from him Com. Mauxels case fol. 4. B. If it be alleadged in the Donor or Donee Lessor or Lessee it is not double because the presentment of the Lessor or Donor is onely traverseable Coke 5. part 98. A. Northumberlands case For the Lessee ought to alleadge it in the Lessor Coke 5. part 98. A. Yet Presentation by him is good 8 Hen. 25. 4. But in the Judgement of the Law this is the Presentation of the Lessor Coke 5. part 89. Purchasor may alleadge that in whose Estate he hath 13 Hen. 8. 12. pl. 2. 2 Edw. 3. pl. 29. 1. 6. Edw. 3. 204. pl. 7. Nat. br 33. H. He that brings a Quare Impedit ought to shew specially although the Church become void 5. Edw. 4. 72. B. for he may be removed out of the possession by Spoliatious Disseisin or be outed otherwayes yet the Church is full The Process in a Quare Impedit 1. before appearance 2. after Vide Lib. intra 52. B. Sect. 1 2 3 4 5 6 7 8. At the Common-Law it was but a Distress infinite 11 Hen. 6. 3. Martin But per Marlebridge cap. 12. if he appears not at the Grand Distress a Writ shall Issue to the Bishop 24 Edw. 3. 37. 5 Edw. 4. 115. 7 Eliz. Dyer 241. pl. 48. 7 Eliz. Dyer 241. pl. 1. Nat. br 38. N. The same Law in a Scire Facias by the King upon A Judgement in a quare Impedit 14 Edw. 3. Quare Impedit 5. So if the Shrieve return a Nihil upon the Grand distress 12 Hen. 4. 4. Hankeford 21 Hen. 6. 56. pl. 13. 11 Hen. 6. 3. pl. 8. because the proces is determined vide 27 Hen. 6. 5. pl. 32. And this is for the mischief of the Lapse 24 Edw. 3. 37. But if a Nihil be returned upon the summons Attachment and distress quaere 11 Hen. 6. 3. a Writ to the Bishop 4. yet the better opinion there is that a Writ shall Issue to the Bishop And if a Quare Impedit be against two one appears at the Grande Distress the other makes Default a Writ shall Issue to the Bishop pro querente against him that made Default Nat. br 39. B. 14 Hen. 7. 19. Quare Impedit against the Bishop and B. B. makes Default at the Grande Distress the Bishop pleads that he claims nothing but as Ordinary the Plaintiff shall have a Writ to the Bishop after the Count made 10 Hen. 6. 4. Writ to the Bishop 3. The Defendant appears after appearance makes default the Plaintiff shall have a Writ to the Bishop 2 Hen. 4. 1. pl. 3. Nat. br 38. S. At the Grande distress the Defendant pleads to Issue and makes default a Writ shall Issue to the Bishop without more for the Grande distress was Issueable 16 Edw. 3. Writ to the Bishop 17. 12 Edw. 2. Quare Impedit 168. Default at the Grande distress the Plaintiff shall have Judgement Lib. intra 507. A. Sect. 1 2 3. Judgement The Plaintiff is Non-suited the Defendant shall have a Writ to the Bishop without making title as it seems but the surest way is to make title 33 Hen. 6. 1. pl. 2. T. brought an Assize of Darrein Presentment against P. and the Assize was taken by his default and when the Assize was sworn T. withdrawed himself yet P. shall have a Writ to the Bishop although he was not in Court 9 Edw. 3. Darrein Presentment 17. Bar in a Quare Impedit 1. by the Ordinary 2. by others The Church was Litigious and he Collates after the 6. moneths 34 Hen. 6. 41. pl. 10. 5 Hen. 7. 19. 34 Hen. 6. 38. 2 Hen. 6. 44. 18 Edw. 3. It shall be Litigious where there are two Presentations and two Commissions and one found for one and another for another 21 H. â— 44. A. Newton Paston But if the title of one be found and another present and request is made to admit the Clerk for which it was found it is not Litigious 22 Hen. 6. 28. Br. of Quare Impedit 80. If two Joynt-tenants or Tenants in common present severally it is not Litigious Doct. Student 116. A. If two present severally and neither the one nor the other pray Commission the Church is Litigious Lib. intra 511. 512. 35 Hen. 6. 18. pl. 27. 8 Edw. 3. 289. pl. 49. Claiming nothing but as ordinary Judgement si c. without special disturbance this is good 5 Hen. 7. 19. 22 Hen. 6. 15. 33 Hen. 6. 12. 32. But the Plaintiff upon this may pray Judgment and have it with Cessat Ezecatio until c. Crook 17 Hen. 7 43. pl. 9. 1. An Alien 7 Rich. 2. and this although he be made Denizen after Ibidem 2. Bastard Coke 5. part 58. A. 11 Hen. 4. 8. A. 11 Hen 7. 12. 11 Hen. 4. 37. but if he be admitted it is good 29 Edw. 3. 44. pl. 3. 3. Blinde Coke 11. part 29. B. 4. Heretick Coke 11. part 29. B. 5. Homicide 38 Edw. 3. 2. 6. Infant Coke 5. part 58. A. 6 Edw. 3. 184. pl. 6. Herle 7. Jew Coke 11. part 29. B. 8. Illiterate 12. Eliz. Dyer 293. pl. 3. Coke 5. part 58. A. Specotts case 40 Edw. 3. 25. pl. 31. 9. Irreligious 5 Hen. 7. 6. 11 Miscreant Coke 5. part 58. A. Specotts case 12. Not able upon examination 39 Edw. 3. 1. pl. 5. 13. Premenire 38 Edw. 3. 3. pl. 9. 14. Himself Patron 31 Hen. 6. 621. 15. Saracen Coke 11. part 29. B. 16. Scismatick Coke 5. par 58. A. Specots case 17. Symonist Lib. intra 532. A. 18. Villein 14 Hen. 7. 28. B. 19. Utlaw Coke 5. part 48. A. Specots case These are good causes of Refusal Where one having a Parsonage in Wales
hath a Writ to two Bishops because the Prebendary was in one Diocess and the Church in which the Prebendary is in another Diocess 24 Edw. 3. 37. pl. 56. If a man recover a Chappel donative he shall have a Writ to the Shrieve Nat. br 48. A. Process in a Writ to the Bishop The Process is alias plures Attachment or a Writ de quare non admisit Nat. br 47. C. Of what things a man shall have Judgement 1. A Writ to the Bishop and no damages Coke 6. part 51. A. Boswels case At the Common Law were no damages in a quare Impedit Statute Westm 2. cap. 5. is Si tempus semestre transierit per impedimentum alicujus ita quod Episcopus ad Ecclesiam conferat verus Patronus ea vice praesentationem amittat adjudicentur dampna ad valorem medietatis Ecclesiae pro duobus annis si non transierit sed disrationetur praesentatio infra tempus praedictum tunc adjudicentur dampna ad valorem medietatis Ecclesiae per unum annum The King is not within this Statute to have damages for at the Common Law the King is not in danger to lose his presentation per plenarty Coke 6. part 51. A. Boswells case 3 Hen. 6. Damages 17. 34 Hen. 6. 51. 14 Edw. 3. Quare Impedit 54. 33 Edw. 3. Br. 916. vide 7 Edw. 6. Dyer 236. pl. 28. It is found for the Plaintiff and that the Church is full the Plaintiff may have a writ to the Bishop but then he shall recover no Damages 24 Edw. 3. 35. pl. 42. 75. pl. 97. It is found that the Ordinary presented before his time the Plaintiff releases damages and had a Writ to the Bishop 11 Hen. 4. 79. pl. 22. The Ordinary claims nothing but as Ordiry the plaintiff had Judgement against him the Disturber and his Clerk dyes the plaintiff shall have execution but it seems no Damages Crooke 17 Hen. 7. 43. pl. 9. The Defendant comes the first day and confesseth the Action there shall be a writ to the Bishop but no damages 4 Edw. 2. damages 9. 5 Edw. 3. 133. pl. 13. 5 Edw. 3. 139. pl. 44. Quare Impedit against the Incumbent the King revokes his presentation the plaintiff shall have no damages against the Incumbent 44 Edw. 3. 35. B. The plaintiff shall not have damages against the Incumbent if he pleads not or proved a Disturber 45 Edw. 3. damages 39. but shall recover only the presentation 5 Edw. 3. 13. A writ to the Bishop and single damages 17 Edw. 3. 5. pl. 12. 24 Edw. 3. 37. pl. 54. 26 Edw. 3. 75. pl. 25. A. sues B. C. and it is found that B. only had right B. shall have damages against A. and C. 45 Edw. 3. 14. pl. 12. br Episcopo Quare Impedit against the Ordinary and B. the Ordinary confesses the Action and it is found against B. and that the Church is full of the presentment of B. the Plaintiff shall have a Writ to the Bishop and single damages or double damages and no writ 39 Edw. 3. 15. But shall not have both 5 Edw. 3. 150. pl. 10. The Defendant confesses the Action the Plaintiff shews that the six Moneths are past and had a Writ to the Bishop and damages 21 Edw. 3. 55. pl. 8. 20 Edw. 3. Collusion 34. 6 Edw. 6. Dyer 76. pl. 35. The Plaintiff and the Ordinary are at issue upon the ability of the Incumbent the Ordinary admits him the Plaintiff shall have a Writ to the Bishop and single damages for the admittance proves him able 40 Edw. 3. 25. pl. 21. A Writ to the Bishop and a Writ to the Shrieve to enquire of damages 19 Edw. 3. Quare Impedit 156. 24 Edw. 3. 37. Lib. intra 507. C. Sect. 6 7 8. It was found that the Metropolitan collated before his time the Plaintiff shall have a writ to the Bishop but then he shall have but single damages 11 Hen. 4. 80. Nat. br 38. P. The Bishop grants proximam praesentationem to B. and dyes the Church voids the Successor collates B. brings his Quare impedit within 6 Moneths two years pass the Plaintiff had judgment and upon his payer to remove the Incumbent and single damages and a writ to the Bishop or Metropolitan at his election â— et 3 Mariae Eliz. Dyer 194. pl. 3â— Quare Impedit against the Ordinary which Collates and pleads to the plaintiff that the 6 moneths are passed the plaintiff recovers the presentation land single damages for where the Ordinary claims as â—vowee where hâ— cannot maintain the right he cannot collate as ordinary for the time past 5 Edw. 3. 150. pl. 19. Coke 5. part 58. B. 30. Edw. 3. 15. pl. 4. The same law is upon recovery against another man if the plaintiff will at his perill have a writ to the Bishop 6 Edw. 6. Dyer 77. pl. 35. 11 Hen. 4. 79. pl. 22. Quare Impedit against the Bishop of I. the Metropolitan and against G. his Clerk they make default at the grande distresse and a writ of enquiry of the points and damages and found that the Church was void 2 years and that the Metropolitan collated G. and Judgment that the plaintiff shall have a writ to the Bishop and single damages and the defendant in misericordia 7 Eliz. Dyer 241. pl. 48. A Writ to the Bishop and double damages Quare Impedit against the Ordinary and B. the 6. moneths passe the plaintiff shall have double damages although the ordinary did not collate because he had jus conferendi and also a writ to the Bishop 43 Edw. 3. 10. pl. 33. The plaintiff recovers double damages because the 6 moneths were passed and also a writ to the Bishop and his Clerk instituted because the Bishop did not collate but this was not done by the party 8 Edw. 3. 280. pl. 9. A man mall recover double damages although he recover all before the 6 moneths passe 13 Edw. 4. 3. Littleton Single damages and no writ to the Bishop Before the returne of the writ to enquire of damages the 6 moneths passe the Bishop collates yet but single damages 24 Edw. 3. 35. pl. 13. 27 Edw. 3. Damages 106. But the reason it seems is because of the former Judgment that he shall have a writ to the Bishop and this being of Record shall stop him 22 Hen. 6. 28. Damages but no writ to the Bishop Quare Impedit against a Parson imparâ— parsonee and found for the defendant he shall shave damages but no writ to the Bishop Nat. br 38. L. 26 Hen. 6. bre Episcopo 6. Double damages and no wrâ—t to the Bishop Quare Impedit against the ordinary and B. the ordinary confesseth the action and it is found against B. and the Church is full of the presentment of B. the plainâ—iff shal have double damages but no writ to the Bishop or shal have single damages and a writ to the Bishop at his election 39 Edw. 3. 15. The Ordinary
intitles himself by Lapse the Patron and Incumbent confess the Action the Plaintiff shall have double damages against the Patron and Incumbent 34 Hen. 6. 41. 34 Hen. 6. 39. Quare Impedit against the Patron and Incumbent they traverse the title the 6 months pass the Plaintiff shall have double damages against both 46 Edw. 3. 15. pl. 5. Two Writs to the Bishop The Defendant in a Quare Impedit brought a Darrein presentment against the Plaintiff the Plaintif is nonsuited in the Quare Impedit the Defend recovers in the Darrein presentment the Defendant shall have judgement to have two Writs to the Bishop but shall not have damages twice Nat. br 39. D. In what Court and what Judges have power to award a Writ to the Bishop Justices of Nisi prius have power per Westm 2. cap. 30. 40. 14 Edw. 3. cap. 16. 9 Eliz. Dyer 260. pl. 21. 6 Edw. 6. 76. pl. 34. The Lords in Wales have not power 36 Hen. 6. B. Fortescue 35 Hen. 6. 30. pl. 35. 3 Edw. 3. 63. pl. 35. 8 Edw. 3. 319. pl. 15. 24 Edw. 3. 33. pl. 26. Regist orig 31. A. Lord in antient Demeasn hath no power to award a writ to the Bishop 7 Hen. 6. 35. The Five Ports cannot award a writ to the Bishop 21 Hen. 7. 88. pl. 7. Crooke Ne Admittas What Person shall have it The Plaintiff in a Quare Impedit or Darrein presentment shall have it Nat. br 37. F. So the Defendant shall have it Nat. br 37. H. In what Cases it lyes When a Quare Impedit or Darrein presentment is depending and the Plaintiff or Defendant supposeth that the Bishop will admit the Clerk of the other then a Ne admittas lyes Nat. br 37. F. Regist orig 31. A. 21 Hen. 44. Newton Vet. Nat. br 24. B. If one of the Writs be not depending then it lyes not Nat. br 37. H. For if the right of Advowson is depending it lyes not because the presentation is not recovered in it Nat. br 48. Q. But note that this lies before any certificate made that a Quare Impedit or darrein presentment is depending Nat. br 37. H. Yet the party grieved shall have a Writ to the chief Justice to certifie if any writ be depending and if he certifie none then a Supersedeas shall be awarded Nat. br 37. H. Note that this Writ does not hinder the Ordinary but that he may present by Lapse unless he be party Nat. br 48. L. Vet. Nat. br 24. 25. Within what time this ought to be brought Locum habet infra tempus semestre non postea quia Dioceanus illam conferat per Lapsum temporis ad sex menses quia Dioceanis illud specialiter est inductum Regist orig 37. F. Yet for the King it alwayes keeps place Regist orig 31. A. Nat. br 37. F. G. vide Br. The Writ The Writ shall be allonâ— although the Bishop be party tamen olim fuit ne conferatis alicui Ecclesia de N. quae vacat Regist orig 31. A B. Nat. 38. A. The Process Is Prohibition Attachment and Distress Nat br 24. 25. Quare non admisit Out of what Court this issueth It issueth out of the Com. Ban. because it issueth out of the Rolls Regist Orig. 32. A. Vet. Nat. br 25. B. 12 Edw. 3. Quare non admisit 6. For this is a Judicial Writ Vet. Nat. br 25. B. Regist orig 32. A. 12 Edw. 3. Quare non admisit 6. per Nat. br 47. C. This may issue out of the Chancery in the Term also If the King recover in Com. Ban. in Quare Impedit he may have this Writ in Ban. Regis Nat. br 47. D. What Person shall have it Every one that recovers if the Bishop will not admit his Clerk shall have it Nat. br 47. C. Vet. Nat. br 25. B. Against whom it lyes It shall â—e brought against the Bishop although the Vicar general made the refusal Vet. Nat. br 26. A. Nat. br 47. J. 13 Edw. 36. Quare non admisit 4. It was brought against the Gardein of the spiritualities upon refusal of the Bishop which is dead Vet. Nat. br 26. A. Nat. br 47. J. But it was denyed against the Arch-bishops Gardein of the spiritualities And yet Quaere per 17 Edw. 3. 27. pl. 9. if the Metropolitan of Common right be not Gardein of the spiritualities It was maintained against the official of the Bishop Nat. br 47. N. In what Cases this lyes When a man recovers his presentation and will not admit his Clerk the party shall have this Writ Vet. Nat. br 25. B. Nat. br 47. C. And this is although the Bishop returne cause 9 Dyerâ—60 â—60 pl. 21. Coke 6. part 52. A. Boswels case But if the Record be removed it lyes not till Judgement be affirmed Nat. br 47. E. The Bishop refuses and afterward admits him yet the party it seems shall have this Writ Nat. br 47. L. The Writ 1. It ought to rehearse the recovery in the Quare Impedit Nat. br 47 C. 2. It ought to be brought in the County where the refusal was because he shall recover nothing but damages Vet. Nat. 25. B. Nat. 47. F. Coke 7. part 3. A Bulwers case 38 Hen. 6. 14. 15. 39 Edw. 3. 2. pl. 5. 29 Hen. 8. Dyer 40. pl. 69. The Count. The writ was against the Bishop and counted although the Vicar general refused and yet good 13 Edw. 3. Quare non admisit 4. Vet. Nat. br 26. A. The King counted not upon what original or what title he recovered and yet good 20 Edw. 3. Quare non admisit 10. The Bar. That he admitted him and made Letters to the Arch-Deacon to induct him a good barre 38 Hen. 6. 14. Nat. br 47. H. The Bishop collates by Lapse a good barre Nat. br 47. M. Or that it was litigious by the presentment of a stranger 9 Edw. 3. Quare non admisit 12. 34 Hen. 6. Quare Impedit 89. 34 Hen. 6. 41. pl. 10. But A. and B. contend by which the Bishop Collates by Lapse and after the King recovers in a Quare Impedit this is no bar in a Quare non Admisit brought by the King 23 Edw. 3. 22. Quare non admisit 11. Excommunication cannot be pleaded in the Plaintiff because the Writ supposeth a contempt that the Plaintiff hath presented his Clerk in the Writ named after Judgement But a good plea that the Incumbent did not make request after Judgement 21 Hen. 7. 71. pl. 14. Crook No such Record a good Plea Coke 8. part Dreuries Case A good Bar that the Church was full before the Recovery of one not named in the Recovery Nat. 47. K. The Bishop returned that it is seised into the hands of the King by reason of Ward and so full of the Kings presentment this is good 9 Eliz. Dyer 260. pl. 21. tamen Coke 6. part 52. A. Boswels case è contra The Judgement The Judgement is
but to have damages Nat. br 47. G. Quare Incumbravit In what Court it shall be brought It is a Writ Original and therefore it ought to Issue out of the Chancery Nat. br 48. G. But it shall be brought in Com. Ban. because it is a Common plea. Vet. Nat. br 26. B. And although the Record be removed Nat. br 48. F. because it is an Original Writ per Shard 17 Edw. 3. 55. A. But the King may bring this in Ban. Regis although the Record be in Com. Ban. But a Common-person shall not Nat. br 48. F. 17 Edu 3. 50. pl. 21. What person shall have it The Plaintiff or Defendant in a Quare Impedit or Darrein presentment that Recovers Against whom it Lyes It lyes against the Bishop Vet. Nat. Br. A. In what Cases this Lyes not It lyes not in right of Advowson Nat. br 48. Q. It lies not unless a Ne Admittas be first directed to the Bishop a Quare Impedit depending Vet. Nat. br 26. B. Nat. br 48. H. Yet it was maintained although no other Writ was first attained Vet. Nat. br 27. A. It lies not unless the party hath recovered before by Judgement of the Court Nat. br 48. E. 17. Edw. â— 50. pl. 21. The Incumbring by his Collation ought to be alledged to be within 〈◊〉 months Nat. br 48. L. The Writ And if he admit the Clerk of the other person after the six moneths which was presented before the Action the Writ lyes Nat. br 48. L. The Writ is Original and Issueth out of the Chancery only Nat. br 48. G. 17 Edw. 3. 74. B. Vide the Writ Nat. br 48. O. Regist Orig. 32. A. It ought to be brought in the County where the Church is because the Clerk of the Bishop shall by this be removed and the Clerk of the other admitted Coke 7. part 3. A. Bulwers case Nat. br 48. D. 38 Hen. â— 14. pl. 32. It ought to make mention of the Recovery Nat. br 48. K. Regist Orig. 32. B. But 18 Ed. 3. 17. by Wilby he ought not to mention The Writ needs not mention before what Justices the Recovery was and yet good 18 Edw. 3. 17. pl. 19. 17 Edw. 3. 74. pl. 109. The Writ 1. It needs not mention where the Court was when the Recovery because it is an Original Writ 2. Nor that the Bishop Incumbred it within the six moneths for it shall be intended 3. It is good although it bore Date within the six moneths for it shall be maintained after the recovery and the party shall have it 4. It lyes in Com. Ban. although that the Record be removed because it is an Original The Count. The Count ought to mention the Recovery Nat. br 48. K. It needs not to recite all the Record of the Recovery although that it was recovered by Darrein presentment 17 Edw. 3. 55. pl. 34. The Count mentions that the Bishop did Incumber the Writ depending concerning the Church yet good 17 Edw. 3. 74. pl. 109. If one Writ be abated the Plaintiff in another Writ may vary from the Count Nat. br 48. M. The Process It is Summons Attachment and Distress vet Nat. br 26. B. The Barre The Church was Litigious and that he did Collate by Lapse 34 Hen. 6. 38. Quare Impedit 89. A good bar No such Record a good Bar. vet Nat. br 26. B. Error brought and the Record removed in Ban. Regis no bar vet Nat. br 26. B. Did not Incumber after the prohibition to him delivered a good bar Nat. br 48. M. The Judgement Is to have his presentment and his Dammages Nat. br 48. H. 38 Hen. 6. 14. Coke 7. part 3. A. Bulwers case 21 Edw. 3. 3. pl. 7. If the Plaintiff be Non-suted yet it is not to him peremptory Nat. br 48. M. Replevin In what Court it lyes In the County Court by plaint per Marlebridge cap. 21. And this may be before the day of the Count 9 Edw. 4. 48. 21 Edw. 4. 66. pl. 46. But by the Common Law the Shrieve cannot make a Replevin without a Writ 8 Eliz. Dyer 246. pl. 67. In the 5. Ports Regist Orig. 79. A. Nat. br 67. A. In a court Baron by plaint but this ought to be entred Sedente Curia 21 Edw. 4. 66. pl. 46. In Ban. Regis or Com. Ban. But Antient Demean is a good plea to out the Court because the reality may come in debate Coke 5. part 105. Aldens case vid. 2 Ed. 3. 32. pl. 10. 17 Ed. 3. 52. pl. 28. fol. 75. 40 Ed. 3. 4. pl. 9. 29 Ed. 3. 9. pl. 29. 4 Ed. 3. 123. pl. 34. It lies not in the Marshalsey Coke 10. part 74. Marshalsea Who shall have a Replevin Administrator shall have a Replevin de bonis Testatoris the Count. Lib. intra 560. B. Sect. 2. Husband and Wife shall joyn in a Replevin for Distress taken upon the Land of the Wife 2 Edw. 2. Replevin 42. Digest brevium 53. Sect. 2. But for goods of the Wife sole taken which takes a Husband the Husband alone shall bring the Action Nat. br 69. K. 33 Edw. 3. Repleg 43. If goods be bayled to A. he shall have a Replevin of them against a stranger 21 Hen. 7. 14. Executor shall have it for goods taken in the Testators time 17 Edw. 3. Executors 106. 24 Edw. 3. Avowry 257. 21 Hen. 6. 1. B. Markâ—ham Executors shall have the goods that were Testators Regist Orig. 81. B. 5 Edw. 3. 133. pl. 14. 18 Edw. 2 Repleg 24. 18 Edw. 3. Severance 28. And when he brings it of his own possession he shall have it before the Probat of the Testament Com. 281. A. Joynt Tenant or Tenant in Common joyns in a Replevin 11 Hen. 6. 31. But if two others joyn the Writ shall abate 11 Hen. 6. 31. 3 Hen. 4. 16. 21 Edw. 4. 23. But in a Homine Repleg Estrangers may joyn Nat. 66. F. 8. Edw. 4. 16. pl. 19. Propter favorem libertatis and yet 8 Hen. 4. 2. Is that they shall not joyn Parson shall have a Replevin of a Mortuary after Seisure but not before Com. 281. A. Foxes case 10 Hen. 4. 1. For he had not property before Seisure 16 Hen. 7. 5. pl. 3. Brian 1. He that hath not the property shall not have a Leplevin 6 Hen. 4. 2. pl. 17. 7 Hen. 4. 18. 11 Hen. 4. 17. pl. 39. 2 Hen. 6. 14. pl. 10. 20 Hen. 6. 18. A. 35 Hen. 6. 2â— A. 39 Hen. 6. 35. pl. 47. 4 Edw. 2. 1. pl. 2. 9 Edw. 3. 340. pl. 19. Lib. intra 568. C. Sect. 5. 2. But he that hath cattel by way of Agistment shall have a Replevin because he hath a Special property 3 Edw. 3. 71. pl. 36. 42 Edw. 3. 18. pl. 32. â—1 Edw. 4. 54. pl. 24. 3. So he that hath them to manure his land 42 Edw. 3. 18. 11 Hen. 4. 29. 21 Hen. 7. 14. 21 Edw. 4. 54. pl. 24. 2 Edw. 3.
2. if one be non-suited in a Replevin he shall have but a Second Deliverance out of the Rolls of the former Judgment 19 Edw. 2. Repleg 25. 4 Hen. 6. Return of Cattel 6. 21 Edw. 4. 6. 2 Hen. 4. 23. 30 Hen. 8. Dyer 41. pl. 4. 21 Edw. 4. 6. pl. 16. 32 Edw. 3. Return of Cattel 18. But if Judgement be given against the Plaintiff in a Repleg upon a demurrer or Verdict no Second deliverance 2 Hen. 4. 23. pl. 9. And Second Deliverance shall not be but in the same Court Com. 206. B. Yet if he be non-suited in the County Court and it be removed in Ban. yet it shall issue out of the Ban. 13 Edw. 3. Repleg 37. And if he be non-suited in Second Deliverance he shall not have another Writ 4 Hen. 6. 8. Return of Cattel 6. Second Deliverance is one Writ judicial issuing out of the former Record per 2 Westm cap. 2. Vide the Writ Lib. intra 572. B. Sect. 2 3 4. Vide the Count. Lib. intra 572. B. 5 6. No. Lib. intra 589. A. Sect. 8. And if a man be Non-suited in a Repleg after Declaration the second deliverance ought to agree with the Replevin in day place and number c. 3 Hen. 6. 9. pl. 10. 21 Hen. 7. 28. vid. 12. Hen. 7. 4. 49 Edw. 3. 29. Persay But 16 Edw. 3. Ayde 131. Thorpe 17 Edw. 3. Repleg 22. 26. Hen. 6. pl. 7. It may vary from the place And per 26 Hen. 8. 6. pl. 27. Fitz-Herbert it may vary from the number and day Repleg of a heifer the second deliverance was of a Cow and good 26 Hen. 8. 6. pl. 27. Upon a Non-suit in a Repleg return agard and upon Withernam agard and other cattel taken yet the second deliverance shall be of the former Cattel 36 Hen. 8. Dyer 59. pl. 14. 2 Edw. 3. 17. Avowry 171. 22 Hen. 7. 92. pl. 7. Crook there shall not be a second deliverance because the Plaintiff had Estrayed them Husband had aid of the Wife and makes default the Wife cannot joyn in the second deliverance 18 Edw. 2. Repleg 23. Distress In what case a man may distrain A man may distrain for a Fine or amerciament in a Court Leet Coke 11. part 45. A. Godfreys case for a Fine and all Amerciaments in a Court Leet Distress is incident 5 Edw. 3. 139. pl. 43. 10 Edw. 3. 303. pl. 10. For Fine imposed in a Leet Coke 8. part 41. A. Griesleys case For breaking of a By-Law in the Leet of the Lord he may distrain for the Amerciament Coke 6. part 25. A. Distress is incident to an Amerciament in a Court Leet 9 Hen. 7. 2. pl. 22. 8 Hen. 4. 15. pl. 16. Gascoigne 12 Hen. 7. 15. B. 4 Edw. 3. 95. pl. 24. 29 Edw. 3. 28. pl. 30. Doct. Student 24. A. 5 Edw. 3. 159. pl. 21. Collector of a Tax granted by Parliament may distrain him that will not pay when the Parishoners have assessed it 22 Edw. 3. 10. pl. 52. A man shall be amerced for not doing of suit in a Court Baron 9 Hen. 7. 22. Word Read Coke 4. part 95. A Slades case 21 Hen. 6. 39. pl. 8. And for such Amerciament he shall distrain 9 Hen. 7. 22. per 2. Justices special prescription No. Lib. intra 570. C. For Amerciament in a Court Baron a man may distrain 16 Hen. 7. 14. pl. 9. 21 Hen. 6. 39. pl. 8. The Lord may prescribe to distrain for Amerciament in a Court Baron 15 Eliz. Dyer 322. Coke 11. part 45. A. Yet Doct. Student 74. è Contra. Crooke if Amerciament was at the Court Leet he may distrain otherwayes not Crooke 20 Hen. 7. 66. pl. 8. Special prescription in Tourne to Amerce and for this there was speciall prescription and Distress 33 Hen. 8. 30. pl. 2. Tax was made by the Inhabitants and a Distress and good Doct. Student 74. B. A man may distrain for suit to a Mill 22 Hen. 6. 14. 9 Edw. 3. 356. Nat. Br. 122. M. A man may distrain for Rent service and all manner of services Doct. Student 74. A. A gives land to B. for him to serve when he shall be requested he may distrain 22 Hen. 6. 33. A. For Herriot service a man may distrain 44. Edw. 3. 13. pl. 24. 27 Assize pl. 24. Com. 96. Mantels case Doct. Stud. 75. A. But for Herriot custome he can but only seize 2 Edw. 2. Herriot 7. 8 Hen. 7. 10. Doct. Stud. 75. A. For Herriot service a man may seize 18 Edw. 3. 22. pl. 4. 38 Edw. 3. 7. pl. 27. 16 Edward 3. Herriot 2. 6 Edward 3. 277. pl. 10. A man cannot distrain for a certain Leet without prescription because it is against Common right Coke 11. part 44. Godfreys case vide 6. Edw. 3. 10. And the Tything man that pays it and prescribes to have it of the Resiants ought to prescribe to distrain 6 Edw. 3. 189. pl. 26. Coke 11. part 44. B. A man may distrain for Ayde for marrying his Daughter or making his Son Knight Glanvil Lib. the 9. cap. 8. 5 Edw. 3. 138. pl. 38. 39 Edw. 3. 34. pl. 40. 40 Edw. 3. 22. pl. 21. For suit to his Hundred by reason of tenure there shall be a distress of Common right Lib. intra 608. B. 5 Edw. 3. 152. pl. 32. 9 Edw. 3. 356. pl. 39. The Lord may distrain for relief and hath no other remedy but his Executor shall have debt and shall not distrain Coke 4. part 49. B. 7 Hen. 6. 13. A man cannot distrain for Agistment but shall have trespass if that they chace them out of the Land before the Agistment be paid Regist Orig. 92. A. 30 Edw. 3. 11. pl. 6. Inholder cannot distrain for his Victuals 3 Edw. 3. Distress 19. He that takes cattel as an estray may distrain them until he be satisfied for the meat 44 Edw. 3. 13. pl. 25. A. indebted to B. for tabling delivers goods to him until he be satisfied B. may distrain them until he be paid 46 Edw. 3. 30. pl. 29. For Toll a man may distrain 30 Edw. 3. 15. B. 11 Hen. 6. 39. 9 Hen. 6. 45. 20 Hen. 7. 1. Marrowe But Trin. 28 Eliz. Ban. Regis Rott 963. the Village of Northampton distrained for Toll and alleadged not a speciall Title or prescription to have Toll for this it was adjudged against them A Commoner may distrain the Cattel of a stranger damage fesant of common right Coke 9. part 112. B. 7 Edw. 3. 266. pl. 39. 24 Edw. 3. 42. 46. Edw. 3. 23. 15 Hen. 7. 2. 12. 13 Hen. 8. 15. B. The Officers distrain for the forfeitures of Inne-keepers and sell the Distress 1 Jac. cap. 9. The Lord may distrain for the forfeitures of Inmates or for erection of Cottages 31 Eliz. cap. 7. Distress by Surveyors of Highwayes 18 Eliz. Cap. 10.
Commoner for damage fesant Coke 9. part 112. B. 24 Edw. 3. 42. pl. 23. 40 Edw. 3. 23. 15 Hen. 7. 8. 13 Hen. 8. 15. 7 Edw. 3. 266. pl. 39. Coke 8. part 78. B. Welds case Crooke 17 Hen. 7. 41. pl. 2. Although they be Coppy-holder or Tenant for years Coke 9. part 112. B. And needs not shew per quod amisit communiam No. Lib. intra 573. D. Sect. 4. but vide Coke 9. part 113. A. who ought to shew it For rent reserved by the Testator upon a Lease for years he shall not be put to shew the Testament 12 Rich. 2. 163. Executor for Rent due in vita Testatoris 32 Hen. 8. cap. 37. Rent granted by Husband and Wife the Arrearages incurre the Husband dyes the Wife shall distrain for the Arrearages 29 Edw. 3. 40. pl. 19. Gardein in Soccage may avow for damage fesant in his own name for he hath the Governance of the Land Crooke 17 Hen. 7. 46. B. Frowick Parson may avow for Rent-charge by prescription Lib. intra 557. B. Sect. 1. The King having the profits by Outlary in a personal action may avow 15 Hen. 7. 2. pl. 4. Tenant at will for damage fesant Lib. intr 561. B. Sect. 1. 15 Hen. 7. 2. pl. 4. Tenant at sufferance cannot avow for damage fesant Crooke 17. Hen. 7. 47. A. But vide 4 Hen. 7. 3. pl. 6. in Trespass he justifies for damage fesant and good for he ought to have the profits till him that hath right enter upon him For what things a man may avow Amerciament in a Leet No. Lib. intra 572. A. Sect. 2. Crooke 20. Hen. 7. 66. pl. 8. In Tourne of the Shrieve 28 Edw. 3. 95. In a Court Baron it was by custome alleadged 15 Eliz. Dyer 322. pl. 23. Crooke 20 Hen. 7. 66. pl. 8. for amercement for the Tenants not coming he may distrain if it be assessed by Ferrors otherwise not Corrody granted with distress he may avow for 27 Edw. 3. 81. pl. 13. Damage fesant Lib. intra 554. D. Sect. 3. 556. A. Sect. 7. 559. A. Sect. 1 2 No. Lib. intra 575. B. Sect. 6. 577. C. Coke 8. part 89. B. Frances case If the Cattel be chased out before he distrain he cannot avow the distress Coke 9. part 22 Avowry 16 Edw. 4. 10. 2 Edw. 3. 2. Avowry 182. His frank-tenant and avows for damage fesant and it was found that he was his frank-tenant and his wife the judgement shall be against him for both were seized Trin. 38 Eliz. Com. Ban. Walker versus Bonner The Plaintiff shews that A. was seized and descended to him and that he was seized in Fee and avows for damage fesant and good Trin. 9 Jac. Newton versus Ansley For a Moyety of the value of the Land upon 4 Hen. 7. For maintenance of Husbandry Lib. intr 575. D. Sect. 1. Herriot Custome No. Lib. 613. B. Sect. 22. But he ought to shew the Certainty of the Land holden for to say that he held two tenures is not sufficient but claims it of the Lessee for life he ought to shew which Lease he holds by 21 Hen. 7. 79. pl. 27. Crooke For Relief Lib. intra 5â—5 C. Sect. 4. But the Avowry shall not be for the double rent but only the quantity of the single rent 16 Hen. 7. 4. pl. 2. 1. For a Rent Charge No. Lib. intra 585. A. Sect. 7. 8. 9. 2. For a Rent Charge by prescription Lib. intra 557. B. Sect. 1. 2. C. 3. For Rent-service but if he avow for two rents where one rent day is not come the Avowry shall abate for that only which is not come Coke 8. part 45. B. Godfreys case 1. For Fealty Lib intra 555. C. Sect. 4. 2. For Homage Lib. intra 555. C. Sect. 4. Coke 4. part 6. A. B. Bevils case For Rent service Lib. intra 554. C. Sect. 2. 556. Sect. 8. But if it be to render one thing or other he shall avow accordingly For Bracton Lib. 2. Fol. 35. B. in hoc casu tenens habet electionem unum solvendo liberatur For rent service when the Cattel are chased out Lib. intra 557. A. Sect. 10. Seisin in Avowry in whom it may be alledged It may be alledged in the Ancestor of the Avowant 34 Hen. 6 21. 3 Edw. 2 Avowry 187. 20 Hen. 6 7 com 140 A. 16 Hen. 7 4 pl. 10. 2 Edw. 3 27 pl. 4. In the Father of the Feoffor Lib. intra 556 B. sect 8. In the Predceessor good 6 Edw. 3. 277. Com. 96. A. By what hands Seisin shall be alleadged By the Ancestor of the Plaintiff 34 Edw. 3. Avowry 258. 34 Hen. 6. 8. By a Disseisor good Coke 2. part 67. A. Tookers case Coke 6. part 57. B. Bredimans case Unless it be by Covin Coke 6. part 58. A. Bredimans case By the hands of an Infant good 34 Edw. 3. Disclaimer 30. Coke 9. part 33. B. Bucknals case In the Feoffor of the Tenant Com. 95. A. Mantels case By the hands of the Joynt-tenant only it is good Coke 2. part 67 A. Tookers case Presciption to have rent of a Village Seisin by Resyants is good because all the Village is chargeable 4 Hen. 6. 29 30. Coke 6. part 59. Bredimans case By Tenant for years not good because he hath not an estate out of which seisin may be gained Coke 6. part 57. Bredimans case By the hands of the Tenant for life good when the remainder is over to another Coke 6. part 58. A. Bredimans case By the hands of the Tenant by courtesie not good to charge the Heir with Herriot Service because none may have his estate 21 Hen. 7. 84. pl. 8. Crooke Tenant makes a Feofment and afore notice gives seisin this is good because he remains tenant to the Lord until notice Coke 6. part 58. A. Bredimans case By the hands of the tenant and needs not say Tenant of the land 34 Hen. 6. 8. By the hands of the tenant prevail good Coke 6. part 58 A. Bredimans case The Shrieve claims rent by prescription and seisin 42 Edw. 3 4. Within what time seisin ought to be alledged The advowant is not bound to alledge seisin within 40 years but may alledge it generally and then the other may plead that he was not Seised within 40 years Coke 8. part 65. A. Fosters case 9. part 36. A. Bucknalls case 14 Eliz. Dyer 315. pl. 10. When it is not requisite to alledge Seisin Avowry for an amerciament is not requisite 11 Hen. 4. 89. 13 Hen. 4. 9. Avowry for rent charge 44 Edw. 3. avowry 75. Coke 8. part 56. A. Fosters case Avowry for rent upon a feofment by deed tendered of him because the deed is the title and the commencement of it appears 2 Edw. 2. Avowry 185. Coke 8. part 65. A. Fosters case So for Rent
if land be conveyed toa Mayor and commonality which was held by homage and fealty which conveyes this over this is no plea because the Mayor and communality cannot do homage or fealty Coke 4 part 11. A. Bevills case 1. The Issue in tayle shall avoid seisin by the hands of the tenant in tayle Coke 9 part 34. A. Bucknalls case 34 Edw. 3. Avowry 131. But this is intended when the tenant makes a gift in Tayle remainder in fee for the tenant in tayle shal himself avoid the encroachment between by the donor because he ought to shew the commencement of the reservation Coke 8 part 65. A. Fosters case 10. part 108. Lofeilds case 2 Successor of a Bishop shall avoid seisin between by the hands of the predecessor Coke 9 part 34. A. 3 Veray tenant of the land if he have a deed and shew the contrary Coke 9 part 34. A. 10 Hen. 7 11. Nat. br 163 C. 22 Hen. 6 5. 4 Edw. 2 avowry 201 202. 4 Encroachment of seisin is not materiall where is no tenure Coke 9 part 34 B. Bucknalls case 5 Such seisin shall be avoided because it was by cohersion of distress Coke 9 part 34 B. Bucknells case 12 Edw. 4 7 pl. 18. 8 Hen. 6 18 pl. 1. 47 Edw. 3 4 pl. 8. 6 If rent be payable at one day in a year and the Lord encroach seisin upon two dayes of the year this being voluntary shall be avoided in avowry for this that they agree in the Annuall summ Coke 9 part 34 B. Bucknalls case vide 21. Edw. 4 64 pl. 36 et fol. 84 pl. 3â— In avowry the seisin is traversable and not the tenure Crooke 13 Hen. 7 31. B. When the Lord varies in Avowing of the verity of the quantity of the services by colour of seisin the tenure shall be traversed Coke 9. part 33. A. Bucknals case 10 Henry 7. 11. pl. 31. Com. 94. Mantels case Crook 13. Hen. 7. 31 B. But then the tenant ought to confess the tenure in part for he needs not traverse all the tenure but may disclaim or plead out of his fee Coke 9. part 35. A. Bucknals case 10 Hen. 6. 6 7. pl. 20. 37 Hen. 6. 25. pl. 13. 15 Rich. 2. Avowry 214. But note 11 Hen. 4. 10. pl. â—2 the Tenant said that the Avowant did give the Lordship to A. in tayl the remainder to B. in tayl A. dies without issue B. yet living there he needs not suffer a Disclaymer or plead out of his fee but there fol. 7. pl. 40. he had judgement of the Avowry and admitted When they agree in the quantity of the services and vary in the quantity of the Land there the Plaintiff may traverse alsque hoc that he held modo forma or that he held one only Coke 9. part 35. B. Bucknals case 20 Henry 6. 20 21. And so avow severally where it is a joynt Tenure or to the contrary Coke 9. part 35. B. Bucknals case 9 Henry 6. 26 pl. 24. 2 Ed. 3. 34 pl. 19. But if he vary in the quantity of the Land and of the services he may not confess the tenure according to the verity he traverseth modo forma or with one only Coke 9 part 35. A. B. Bucknals case 5 Henry 5. 4. 3. When one distrayns for fealty rent and sute and alleadges seisin in all and avows for rent the Tenant may confess that he held by fealty and rent and to the rent nothing arrear without that that they held by fealty rent and sute modo forma and good and if upon issue joyned it be found that he held by fealty and rent and not sute although that the Avowry be for rent yet in so much that the tenure alleadged by the Avowant was traversed and found against him Judgement shall be given against the Avowany for in vain shall he make this traverseable and yet that he should have the return when it is found against him Coke 9. part 35 36. Bucknals case Tender of Homage ought to be to the person of the Lord ubicunque fuerit infra regnum propter reverentiam Bracton Lib. 2. fol. 80. A. Judgement If the Plaintiff counts upon a Detayner and the Defendant appear and makes default the other shall have judgemen for dammages and costs and also for the value of the Cattel Nat. br 69. L. No. Lib. intra 610. C. sect 20. The Defendant said that the place is antient demean c. if the issue be found for him he shall not have a return 21 Edw. 3. 7. pl. 18. If one justifies for services and makes no Avowry he shall not have a return although it be found for him 15 Edw. 4. 29. 5 Edw. 4. 6. 34 Hen. 6. Avowry 47. If one make a Conusance as Bayliff he shall have a return No. lib. intra 591. A. sect 9. The Plaintiff in a Recaption dies the Lord shall have return if another writ be purchased 11 Hen. 6. 14. pl. 3. If the Plaintiff be non-suited the other shall have a return Lib. intra 570. D. sect 1. 2. 11 Eliz. Dyer 280. pl. 14. 35 Hen. 6. 47. pl. 12. 17 Hen. 8. Br. second Deliverance 15. 22 Hen. 7. 92. pl. 7. Crook and this although the other do make no Avowry 16 Henry 6. return of Cattel 1. 2 Hen. 5. 6. But other wayes he may abate the writ by Pl. 9 Hen. 6. 4. pl. 10. 11 Henry 6. 5. B. Danby 35 Hen. 6. 40. pl. 1. But if the Count abate or no Count of the place or of the taking yet he shall not have a retnrn before an avowry 35 Hen. 6. 40. pl. 1. The second Deliverance he shall not have it without Avowry per Newton 16 Henry 6. return of Cattel 1. The Defeudant cannot claym property in Repleg to have a return because he ought to claim at the time of the Repleg sued 31 Henry 6. 12. pl. 1. The Plaint is removed and it abates for default of the surname there was a return awarded without an Avowry 27 Hen. 6. 3. pl. 35. Repleg against C. D. C. pleads he took them not D. justifies in right of C. and found for him yet he shall not have a return 22 Hen. 6. 52. pl. 27. Defendant pleads property in another and found so there he shall have a return without an Avowry for the Plaintiff had deliverance without cause 39 Henry 6. 35. pl. 47. Prisott One avows for rent at two daies one is not come the Plaintiff is non-suited there shall be a return for one day because he is not merely an Actor per 4 Justices against 3. But Newton said he ought to have several Avowries At the Common-law return irreplevisable was but when it was found against the Plaintiff per une issue 36 Henry 6. 8. pl. 24. Babbington If the Defendant doth not answer to the Avowry there the Cattel shall be irreplevisable Lib. intra 571. A. sect 4. Return irreplevisable after Westm 2.
cap. 2. is but upon a non-suit in second Deliverance 2 Hen. 4. 23. pl. 9. Lib. intra 571. A. sect 4 5. Upon a Non-suit in Repleg it shall not be 24 Ed. 3. 33. pl. 22. if it be not after verdict 14 Hen. 7. 6. pl. 14. The Plaintiff non-suted in a Replevin and after in a second deliverance there shall be return irreplevisable before Avowry but quaere if he shall have dammages before Avowry 10 Eliz. Dyer 280. pl. 14. If the Plaintiff be non-suted when the Jury comes again and gives their verdict yet there shall not be a return irreplevisable 34 Henry 6. 5. pl. 14. 14 Henry 7. 6. pl. 14. The Plaintiff in Repleg makes default at the Nisi prius they shall not be replevyed because it is out of the Statute 3 Henry 6. 8. pl. 24. The Plaintiff in a Repleg is non-suted and returns a gard the King devises the pledges being warned come not quaere if the return shall be irreplevisable 1 Edw. 7. pl. 13. Or upon a Return awarded in second deliverance 2 Hen. 4. 23. pl. 9. Or upon a judgement against the Plaintiff upon a Demurrer 2 Hen. 4. 23. pl. 9. 14 Hen. 7. 6. pl. 14. 2 3 Mariae Dyer 118. pl. 77. Demurrer upon a plea to the writ and judgement for the Defendant they shall not be irreplevisable 34 Hen. 6. 37. B. Br. Repleg 6. Or upon issue tryed 2 Henry 4. 23. Pl. 9. The Defendant in a Repleg pleads to the writ and found by the Jury so there shall be a return irreplevisable the contrary upon a Demurrer upon a writ or concession 34 Henry 6. 37. B. Br. Repleg 6. If the Plaintiff upon a second Deliverance suffer the plea to be discontinued there it shall be irreplevisabe 17 Henry Br. second Deliverance Note that at this day dammages are given where the Plaintiff is non-suted or found against him or otherwise barred in Conusance Avowry or Justification for rents customs or services per 7 Henry 8. cap. 4. com 82. B. Crokers case 14 Mariae Dyer 141. pl. 46. 19 Hen. 8. 11. pl. 7. And for damage feasant p. 21 Hen. 8. cap. 19. 2 3 Mariae Dyer 118. pl. 77. 4 Mariae Dyer 141. pl. 46. But if it be for an Estray he shall not have dammages because the Statute extends not to it Pasc 34. Eliz. Ban. Regis Rott 292. But at Common the Avowant shall not recover damages 35 Hen. 6. pl. 12. If one return irreplevisable upon a Non-sute in second Deliverance it is doubted whether he shall have damages before Avowry 11 Eliz. Dyer 280. pl. 14. Trespass In what Court Trespass lyes IN the County Court but then it shall not say vi armis Nat. br 85. G. neither against the peace because the Shrieve cannot determine it Regist 92. A. Note Reg. orig 111. B. Trespass vi armis shall not be sued in any Court but the Kings or before his Justices if otherwaies a Supersedias shall be awarded Coke 8. p. 120. A. In the Marshalsey if the party be of the Houshold but then it shall say vi armis for battery or carrying away of Goods and no other Coke 10. part 72. A. For it shall not be Quare clausum fregit Coke 10. part 76. A. In Chancery for one privileged Regist orig 104. A. No. Lib. intra 678. B. sect 20. And there shall be an Alias c. Regist 104. A. In Com. Banc. or Banc. Regis Nat. br 86. G. If Trespass be in the Court of the King where the reality shall come in debate Antient Demean is a good plea Coke 5. part 105. as trespass for Trees where the Defendant claims Franktenement 6 Henry 4. 1. pl. 6. otherwise it is no plea 46 Edw. 3. 1. pl. 2. In Trespass for a Pigeon-House with Pigeons TRESPAS  Quid.  Corporate Castle     Quotnplex  House       Mill.     1. Court  Columbary     2. Plaintiff  Toft     3. Defendant  Gardein     4. Thing  Land     5. Writ  Meadow     6. Process Inheritance Pasture     7. New Assignement Wood.     8. Barre Parke     9. Judgement Forrest     10. Execution Chase      Pond      Tythes      Trees     Common Law upon the doing of wrong to Incorporate Village     Way     Common     Fishing     Warren     Game of Swans    Tolle      Wayfe      Stray Realls Sonne    Bona felonum Daughter    Fair or Market Neece    Frank-foldage Ward  Trespass is either by  Returna Brevium Woman    Chattels Servant    Prentice    Tenants    Prisoner    Captive     Living Abducta    Capta fugata    Capta fugata imparcata    Capta interfecta   Personal Districta   Fugata   Imparcata   Interfecta   Percussa   Tonsa   Dead Arrestata   Capta arrestata Body Menace  Capta asportata Siege  Combusta Assault  Consumpta Battery  Depasta Wounding Fine Districta Imprisonment Acquittance Extracta   Statute Extracta asportata  Imprisonment till they make Obligation Falcata asportata    Finde Pledges Fracta    Release Impedita    Oath Submersa   Against a Goaler for putting Irons upon one  Succisa asportata Statute Law Marlebridge cap. 2. For distrayning to come to his Leet  Cap. 4. Averia ad loca incognita fugata de com in com Westm 1. cap. 16. 1 2 Mar. cap. 12. excessive distress Cap. 5. Distress extra foedum Westm 1. cap. 16.   In via Regia      Im. com strato      Cap. 28. For a Successor of a thing taken in the time of his Predecessor Westm 1. cap. 17. Distress by a Bayly not sworn   21 Edw. 1. De malefactoribus in parcis vivariis c.   4 Edw. 3. cap. 6. For Executors De bonis asportatis in vita Testatoris  5 Rich. 2. cap. 7. Entrie ubi non datur per Legem    8 Hen. 6. cap. 9. Forcible entry     1 2 Mariae For severing a Distress taken at one time   it is no plea 47 Edw. 3. 22. pl. 54. So in Trespass upon the 5
of England Thesaurer Barons and Justices 31 Edw. 3. 12. A. 37 Hen. 6. 15. 8 Hen. 7. 13. pl. ult Com. 260. B. Coke 1. part 11. 34. 3. part 11. B. 8. part 58. A. 65. B. 15 Edw. 4. 18. 39 Hen. 6. 52. 6 Hen. 7. 15. The Statute of Merton cap. 3. makes the Shrieve judge of Record in redisseisin and Error lyes upon this in Ban. Regis Coke 6. part 12. a Gentlemans case Judgement given at the Assises in the Country shall be redressed in Ban. Regis 33 Edw. 3. Verdict 48. 7 Eliz. Dyer 235. pl. 21. 23 Eliz. Dyer 375. pl. 19. 2 Rich. 3. 1. pl. 1. 10. Assize pl. 25. Or in Com. Ban. Nat. br 25. E. But judgement given at the assises in Com. Monmouth shall be redressed only in Ban. Regis and not in the Com. Ban. because the other Justices at the assises are by letters patents 8 El. Dyer 250. pl. 87. and if the Assises be adjourned in Ban. and judgement given there it shall be redressed in Ban. Regis 8 Hen. 6. 17. And if judgement be given at the Assises in a Quare impedit Error lyes in Ban. Regis 6 Edw. 6. Dyer 76. pl. 34. But Judgement given at the Assises shall not be redressed at the Counsel-Table 39 Edw. 3. 14. pl. 28. Commissions of Oyer Terminer by Justices of the peace the judgement shall be redressed in Ban. Regis 29 Edw. 3. 30. ◠Mariae brev Commissions 25. But Error lyes not upon a thing done before the Justices of the peace 4 Hen. 6. 24. Martin But error was brought upon an Utlawry upon Indictment taken before Justices of the peace 11 Hen. 4. 53. Conusance of pleas granted to a City or Village corporate there judgement shall be redressed in Ban. Regis Or to a body Natural Judgement in Chester Error lyes in Ban. Regis Coke 2. part 89. B. 19 Hen. 6. 12. 6 Hen. 4. 8. pl. 30. But note in a writ of Error upon a judgement given in Chester day shall be given for so long time that three Counties may be held there before the return of the writ in Ban. Regis within the which time the Justices or Lieutenant of the same County may redress the error by the usage of the said County Regist orig 17. A. But in a Writ of Error upon a Writ of Error they have no such power but the Record and the Proces ought to be remanded at the first County into Ban. Regis Regist orig 17. A. Lib. intra 290. A. sect 1. Chester And by usage in the same County nine Countyes shall be held one year and eight another year c. Regist orig 17 A. The usage is to have a Writ out of the Chancery retornable in Ban. Regis for Writs of Error are excepted in Charters granted at Chester And in this Error there the Justices may award a Scire facias against the Defendant returnable at the next County and if the judgement be affirmed the party may have a Special Writ of Error reciting the former Writ and have the Records and Process of both judgements removed in Ban. Regis there to be examined and a Scire facias awarded against the Tertenant for otherwise the party shall not be restored to that which he lost 15 Eliz. Dyer 321. pl. 20. 21 Hen. 7. 34. pl. 32. Fineux 34 Hen. 6. 42. 6 Hen. 4. 8. pl. 36. Lib. intra 290. B. sect 1. Chester And by 18 Eliz. Dyer 345. pl. 6 if the judgement be reversed the party shall be restored and the Judges there forfeit to the King 100 l. although the judgement was given by their Predecessors But then it is not intended of Error in deed but only of Error within the Record or Process No. Lib. intra 〈◊〉 A. sect 2. Claym allowed by the Justices of the Forest error upon it in Ban. Regis 21 Edward 3. 48. pl. 70. If erroneous judgement be given in the Stannaryes it shall be redressed before the Warden of the Stannaryes and after before the counsel of the Prince and after before the King himself Pasc 7. Iac. Regis per Flemming chief Justice a writ of Error or false judgement lyes not upon judgement given in the Court of the Stannaryes as was resolved by all the Justices and it seems the reason is because it is but an English Court Judgement in the County Palatine of Durham shall be redressed by a Writ of Error there and upon Error in this judgement in Ban. Regis or in Com. Ban. Nat. br 21. G. 14 Edw. 3. Error 6. 8 Eliz. Dyer 250. pl. 86. Judgement in London shall be redressed in Com. Ban. or Ban. Regis Nat. br 20. E. 23. A. B. But judgement before the Shrieves of London shall be redressed before the Maior and Aldèrmen in their Hustings Nat. br 22. H. And judgement before the Maior and Shrieve shall be redressed by Commission directed to certain persons at Saint Martins the Great Nat. br 23 E. 18 Edw. 3. 8. But by 34 Hen. 6. 42. pl. 14. the Maior and Aldermen have forty dayes to advise of their Judgement and then the Recorder certifies it forthwith Note this manner is given by the 28 Edw. 3. cap. 10. scil that the error shall be redressed within the City and if they do not redress it then there shall be a Commission and if Error be found they shall forfeit to the party his treble dammages and to the King 1000 Marks c. but by the 1 Hen. 4. cap. 5. their Fine is at the discretion of the Commissioners Judgement given in the Cinque-ports shall not be redressed in Com. ban or Ban. regis but only by the Warden of the 5 Ports at the Court at Shepeware si falsum fuerit revocabitur Maior Jurati qui dederunt Judicium fecerunt fines Maior deponitur ab officio 29 Eliz. Dyer 376. pl. 23. The Writ to the Cinque-ports shall be directed Custodi quinque portuum vide 30 Hen. 6. 6. Pole But 30 Henry 6. 6. the Barons of the five Ports are Judges there A Custome in village or Town to hold all manner of pleas error lyes in Ban. Regis 21 Edward the 3d. 40. 37 Assize pl. 5. Nat. brev 20 D. 2 Henry the 7th 19. pl. 4. 18 Edward the 4th 12. Mich. 10 Jacob. Ban. Regis Godsen versus Duffrild Or in Com. ban Nat. br 20. D. Judgement in the Marshalsey shall only be redressed in Ban. Regis per 5 Edw. 3. cap. 2. 10 Edw. 3. cap. 3. Lib. intra 297. Judgement in Court of Pypowders shall be redressed in Ban. Regis or Com. Ban. Nat. br 20. D. Who shall have a Writ of Error He that confesses the Action shall not have a writ of Error against his confession Nat. br 21. K. 34. Hen. 6. 41. Conusor of a Statute shall have a writ of Error if execution be not well sued 18 Edw. 3. 25.
And although he were outlawed if he be pardoned 29 Assize 47. Nat. br 22. B. Corporation shall have a writ of Error but no single person of them 21 Edw. 4. 58. Townesend He that disclayms shall not have it Nat. br 22. C. Coke 8. part 6. B. 62. A. But if one plead Non-Tenure and it be found against him yet he shall have it 6 Edw. 3. 188. pl. 17. Nat. br 22. C. A. brought a Praecipe against B. which infeoffs C. judgement given for A. yet B. shall have Error 21 Edw. 3. 53. 12. Assize 41. 20. of Assise 2. 50 Assise 3. Coke 1. part 111 Albanies case Judgement given against the Defendant in debt and after because he paid not nor rendred his body c. judgement was given upon a Scire facias against the bayl and they all joyn in a writ of Error therefore not good because one is not party to the judgement given against the other Mich. 9 Jac. Regis Wildegoose against Duport Trespass against two where one was within age and appears by Attorny and judgement Quod cap. they joyn in a writ of Error because the judgement is entire Hill 9. Jac. Ban. Regis Orme Bird. Surviving Joynt-tenant shall have error of all 19 Edw. 3. Error 1. 19 Assize pl. 8. Two outlawed upon a Capias in Redisseisin with force one shall have Error sole 8 Hen. 4. 3. Judgement against two in conspiracy one dyes the other shall have a writ of Error 24 Edw. 3. 76. pl. 99. Mich. 30 31 Eliz. ban Regis Pegot being an Infant and another levyes a fine P. sole brought error and good for this is error in deed therefore it shall be brought by him it most concerns If one makes a Retraxit yet he shall have Error Coke 8. part 62. A. Beechers case The King shall have Error 15 Ed. 3. Error 72. He in Reversion disseises Joyntenants and suffers an eroneous recovery the wife releases with warranty and dyes this warranty is a bar to the writ of Error because by his own Act he hath disabled himself to take benefit of the forfeiture Coke 3. part 61. A. Lincoln Coledge case A recovers a moyety of a Mannor against B. which infeoffs C. B. and C. make partition B. dyes his heir shall have a writ of Error and by Newton A. had issue a Son and a Daughter by one venter and another Daughter by another venter and dyes the Son enters and dyes the youngest Daughter is found Heir in a Nuper obiit they make partition the eldest Daughter shall have a writ of Error 19 Hen. 6. 25. A. Prey in Ayde shall have a writ of Error Nat. br 21. C. Coke 3. part 3. B. 4 Assise pl. 7. Patron after ayde Pryor shall have Error 12 Hen. 8. 8. Pollard Garnishee shall have a writ of Error 21 Hen. 6. 35. B. Paston 7 Hen. 6. 41. Coke 5. part 99. B. Hoes case Garnishee in London upon an Attachment according to the Custome shall have Error 22 Edw. 4. 30 31. Tenant per Receipt shall have Error Coke 3. part 3. 4 Assise 7. 20 Edw. 3. Error 2. Vouchee shall have a writ of Error 8 Hen. 4. 3. Nat. br 21. C. 4. Assise 7. 17 Edw. 3. Error 90. Nat. br 21. M. 108. A. And the Tenant shall have another writ of Error 8 Hen. 4. 3. 21. Nat. br 21. C. But if the Vouchee release before Error brought the Tenant shall not have it 17 Edw. 2. Recovery in value 32. Heir general shall have a writ of Error 20 Edw. 4. 13. Lib. intra 296. A. sect 1. And if the Ancestor be outlawed of Felony he shall have it Nat. br 21. N. But not for High Treason per 28 Eliz. cap. 2. The Heir special shall have it for the Lands to which he is heir 3 Hen. 4. 19. Nat. br 21. K. 9 Hen. 6. 47. 1 Mariae Dyer 90. pl. 5. Executor shall have error upon judgement for debt or dammages Nat. br 21 M. Although that he be Executor to the Bishop Parson or other sole Corporation Nat. br 22. A. Coke 4. part 65. A. Fulwoods case 8 Hen. 6. 25. A. Martin And this upon the Statute of 29 Eliz. cap 8. Coke 6. part fol. ult Executor shall have error upon an Outlawry of the Testator and restitution 11 Hen. 4. 65. pl. 22. 5 Edw. 4. 7. Although that the Outlawry be for felony Coke 5. part 111. A. Administrator shall have error in the same manner as Executor shall have Nat. br 21 M. 6 Edw. 6. Dyer 76. pl. 31. Successor shall have Error for a thing which toucheth the succession Nat. br 22. A. 16 Edw. 3. Error 69. 8 Hen. 6. 25. A. Martin The King collates A. to a Chapel against whom an Action is brought A. resigns the King collates B. Judgement is given pro querente B. shall have Error 15 Edw. 3. Error 7. 15 Assize 8. But for Debt or Dammages recovered against a Bishop c. or any secular sole Corporotion the Successor shall not have Error Nat. br 22. A. He in Reversion after the Estate ended shall have Error at common Law and not before Coke 3. part 4. A. 21 Hen. 6. 29. Newton 3 Hen. 4. 6. 32 Edw. 3. Error 73. 4 Hen. 8. Dyer 6. pl. 5. com 24. B. Weston And per 9 Rich. 2. cap. 3. he shall have it during the Estate for life Coke 3. part 4. 22 Edw. 4. 31. A. Vavisor 3 Hen. 4. 6. 12 Hen. 8. 9. A. Brudnell And by equity he in remainder shall have it Nat. br 108. A. 1 Mariae Dyer 90. pl. 5. But at common Law the Donor shall not have it altogether com 241. B. And yet he shall not have Error during the Estate tayl because he is not within the Statute 9 Rich. 2. cap. 3. Coke 3. part 61. A. Lincoln colledge case 10. part 44. B. Portingtons case But after the Estate tayl ended he shall have it because the Law rayses the reversion in the Donor Coke 3. part 3. B. And although Tenant in tayl suffered a Recovery and released Errors yet brings error and is barred and dyes without issue yet the Donor or he in Remainder shall have Error 3 Eliz. Dyer 188. pl. 9. Note regularly no Stranger shall have Error 22 Edw. 4. 31. per Brian Conusor aliens execution is sued erroneously the Alienee shall have Error Nat. br 22. B. 4 Hen. 8. Dyer 1. pl. 5. 17 Assize 24. 18 Edw. 3. 25. pl. 17. Crook 6 Hen. 8. 169. A. Pollard A. clayms wood in the Forest and this allowed before two Justices of the Forest B. C. which clayms Estovers brought a writ of Error in Ban. Regis 21 Edward 3. 48. pl. 70. Tenant in Praecipe enfeoffs B. Judgement given pro quer B. shall have Error for the mischief 21 Edw. 3. 53. 21.
In Appeal or Pleas of the Crown or in any proceedings upon them Or to the Writ Bill or Action Informations upon popular or penal Statutes Error in Law by misprision of the Judges in the judgement entred in another term Coke 5. part 57. B. Specots case Action upon the case in Cur. Wallingford the judgement was quod deft capiatur this is error being but an Action upon the case Trin. 9 Iac. Ban. Regis Northcot versus Heywood Concessum est where it should be Consideratum est this is error although there are 21 Presidents in my Lord Cooks Reports for by Man Secondary the Books are false printed Mich. 18 Iac. Ban. Regis Rot. 641. and by Williams if it be videbitur Curiae this is erroneous If it be Capiatur against the Defendant in Ejectione firmae Mich. 8 Iac. Ban. Regis Rot. 232. Dolby versus Holbrook It is ordeined per 27 Eliz. cap. 8. that if Error be brought in the Chequer upon a judgement in Ban. Regis they shall not assign in the Jurisdiction of the Court or in form of the Writ Return Plaint Bill Declaration Pleading Process Verdict or Proceedings And also there is a Proviso if it be in debt detinue account covenant ejectione firmae traverse action upon the Case The party cannot shew Error in Process in delay unless he shew that it is for his disadvantage 7 Edw. 3. 25. Coke 8. part 59. A. Beechers case Nothing that is contrary to the Office of a Judge shall be assigned for Error Nat. br 21. B. 7 Hen. 7. 4. Granting of Ayde where it shall not be is not Error so of Receit 7 Edw. 4. 12. 21 Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9. 11. 14 Hen. 6. 5. pl. pl. 25. So of Garnishment 14 Edw. 4. 1. pl. 3. So of making Attorney Nat. br 22. D. 21 Edw. 4. 77. But denyal of Ayde or Receit where it ought to be is error Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9. When the Visne is mistaken Replevin the Defendant prescribes to have all the Pasture of such a place in in W. except Common for the Inhabitants of D. and the prescription being traversed the Jury was of the Visne of W. only and this was a good rule in Error because the exception to the Inhabitants of D. was voyd therefore this was not in issue Trin. 11 Iac. Ban. Regis Wicker versus Stockeman Waste brought the Issue was for certain Oaks cut for repairing of the Castle of Burrum the Visne was of the Village of Burrum where it should have been of the Castle of Burrum this is Error Hill 12. Iac. Com. ban the Countess of Cumberlands case Trover and Conversion brought in Coventry upon not guilty pleaded the Visne was De Vicineto Civitatis Coventriae and this shewed in arrest of Judgement sed non allocatur and Error upon it brought and it seems that by Williams and Yelverton Justices that it is Error for it shall be of Coventry for Vicinetum is of the Neighbours and excludes the City and the Shrieve of the County ought to make it out 7 Hen. 6. 36. B. 4. Edward 4. 39. 7 Henry 4. 12. 80. Enquest 36. quaere tamen for the Court did advise about bringing a new Action Pasc 9. Iac. Ban. Regis Procter versus Clyfton Trespass for lopping of Wood in Hurslay the Defendant pleads that the place is parcel of the Mannor of Mamden in the Parish of Hurslay and the Custom is that the Copyholder may cut c. and found for the Plaintiff and the Visne was of Hurslay and it was moved that it was not good for the Parish is not certayn because it may comprehend more Villages but it was good per Curiam because Hursley shall be taken to be a Village and Parish and shall not be intended that there are more Villages in one Parish 5 Edw. 3. 20. Mich. 9 Iac. Ban. Regis Brocke versus Spencer Hill 9 Jac. Ban. Regis Savil Cavendish Condition to pay mony in the Church Porch of the Parish of H. and pleads performance the Visne was of H. and yet good for as it seems the Village and Parish shall be intended all one and the Parish shall not be intended to comprehend more Villages Debt upon an Obligation and shews the breaking of the Condition because a stranger recovered the Land at Westminster upon a good Title where the Land lyes in Com. Berks the Defendant said that it was by Covyn without this that it was a good Title the Plaintiff said that it was upon a good title the Visne shal be of the County of Berks where the issue is joyned upon the good Title and where the Land lyes but contrary if the issue be joyned upon the County but it was said if it were a personal Action it shall be where the Recovery is alleadged Mich. 9 Iac. Ban. Regis Hausaker versus Kirby Ejectione firmae of Land in S. T. the Defendant pleads Feoffment of the Land by Deed at S. the Plaintiff said non feoffavit c. the Visne was of S. and T. and good and the alleadging of the feoffment at S. is idle for it cannot be but upon the Land Mich. 9 Iac. Ban. Regis Debt for 20 l. Defendant pleads that at another time the Plaintiff sued him in London in such a Parish and shews the Record certain c. and that he had exectution in another Parish c. the Plaintiff said that it was in debt for another 20 l. for the which execution was awarded absque hoc that the plaint and the execution was for the same 20 l. yet the Visne shall be in both parishes because the issue is as well of the execution as of the plaint 5. Edw. 4. 110. A. vouches B. which vouches C. and after issue tryed the former Voucher dyes this shall not be pleaded in arrest of Judgement but it is Error 21 Hen. 7. 80. pl. 1. Crooke but if A. dye he shall abate the sute in facto ibidem In detinue against A. he prayes garnishment against B. which comes and pleads and are at issue A. dyes the sute abates ibidem Bar in Error No bar to say the former Writ depending that the Plaintiff did infeoff another for he remains Tenant notwithstanding 21 Edw. 3. 53. 20 Assize 2. 12 Assize 41. Coke 1. part 111. Albanyes case In nullo est erratum a good Bar 28 Hen. 6. 10. 9 Edw. 4. 32. 15 Eliz. Dyer 321. pl. 21. But note upon Error in Deed this is no plea 7 Edw. 4. 16. 9 Edw. 4. 32. 3 Edw. 6. Dyer 65. 2 Mariae Dyer 104. pl. 10. Lib. intra 288. D. sect 1. 289. D. sect 1. No. Lib. intra 233 B. Release of Errors a good Bar 20 Edw. 3. Error 2. Littleton 116. B. Coke 8. part 152. Althams case 6 Hen. 4. 8. pl. 36. 5 Edw. 4. 96. B.
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.