that they did not Award modo et forma c. Et hoc paratus c. ill there he should have concluded all pais And on general demurrer ibidem where an Award was That one bound with Sureties assigns breach that he did not become bound modo et forma c.. well though the Award bind as to the Surety 't is good as to him A breach assigned that he did not c. and the modo et forma extends not to the Surety but to himself only though it be made modo et forma as Awarded Cooke versus Whorewood H. 22 23. Car. 2. B. R. rot 116. Assumpsit If he would abate Ten Pounds and forbear the 90 l. till Michaelmas to pay it and declares that he abated the 10 l. but shews not how but held ill on demurrer per tot Cur. Thornton v. Kempe 3 Cro. 477. In Conspiracy the Defendant justifies to carry in the Presentment found in a Leet before the justification and though there is no Conspiracy yet he must plead que est eadem Conspiratio P. 27 H. 8. Pl. 6. Conspiracy the Defendant pleads the Plaintiff has another Writ depending for the same the Plaintiff replyes nul tiel record and so 19 H. 6. 57. a Pleads that he removed the other Pleads nul tiel Record of the removal 9 H. 6. 14. a. Amendment IF an Original Writ be defaced it may be Amended at the discretion of the Justices Hill 25 et 26. Car. 2. B. R. The Clerk in the Kings-Bench may amend the Roll until a Recordatur be thereof made either in Writ of Error or by rule of Court Trin. 26 Car 2. in B. R. A Note was brought to a Clerk to make an Obligation who for milite writ generoso upon which the Process issuing the Plaintiffs Counsel came and prayed that this Misprision of the Clerk might be amended and upon mature deliberation all the Court agreed that it should be amended and the Lord Chief Justice said That at the Common Law no Original might be amended in this Court before the Statute of 8 H. 6. ca. 12. Which Statute enables them to amend only Misprision that is when the Clerk takes one word for another or where he writes a Latin word which is not Latin or false Latin as hos breve for hoc breve 9 H. 7. 16. b. or imaginavit for imaginatus fuit Benlowes Reports fo 19. or in a Writ of Partition to say Ostensurus quare non fuit for fuerit or Henricus deigratia c. when dei gratia should not be in the Writ or if it be matter of Form as Praecipe quod solvat for reddat 22 E. 4. in all which Cases last cited there shall be no amendment And the Lord Chief Justice Coke said That if the Defendaâ—t had been sued to the Utlary he would not have amended it but the Principal not being so it was amended See 11 H. 7. 2. 10 H. 7. 25. 11 H. 7. 1. Co. 8. Blackmores Case 156. Mich. 8 Jacobi Regis in Communi Banco If one makes an Obligation and Seal and deliver it and mistakes the day yet by Coke Lord Chief Justice it is good Mich. 8. Ja. â—bi supra If the Teste and the Retorn of a Venire facias be both upon one and the same day it is no Error although the Teste ought to bear date Fourteen days after but shâ—ll be amended and 7 E. 4. a Venire facias was retornable Mense Michaelis whereas it should have been Octabis Michaelis and the Jurors appeared It was agreed by the whole Court That it should be amended and that Error did not lye thereof Co. 8. Blackmores Cases fo 156. After Verdict in Ejectione firmae these Errors were alledged in Arrest of Judgment That where the Declaration was prout praedictus Willielmus which should have been Johannes 2. praedictus defendens similiter ponit se super patriam which ought to have been querens These are not Errors but Misprisions of the Clerk which by the Judgment of the whole Court shall be amended So 11 H. 7. 2. b. per Brian praedictus defendens c. was amended and 10 H. 7. 23. b. per Townsend a Barr was pleaded by the Tenant which concluded with praedictus Johannes is ready to averre c. where it should have been Rogerus It was amended by the Advice of all the Justices and Coke Lord Chief Justice said That Misprisions were amendable at Common-Law in the same Term for during the Term the Record is in pectore Judicis as 1 H. 6. 29 in Brooks Abridgment Title Amendment 32. if Judgment be entred in the King's-Bench or common-Common-Pleas otherwise then it is in Truth Or if Tales be awarded and marked on the back of the Writ or of a Scrowl and not entred on the Roll All these things may be amended in the Term and the reason of the Book is because that the Record is in the Justices and under their care the same Term and not esteemed to be on the Roll so absolutely but that they may amend the same at their discretions for they do not account it a Record until the next Term And this Amendment is by the Common-Law and not by the Statutes of Amendment of a Syllable or Letter And per Cheine ibid. The Justices of the common-Common-Pleas after a Writ of Error cannot at all amend the Roll where a Judgment was given the same Term and is mistaken in the Entry because the Roll is not a Record of that Term. And herewith agreeth 5 E. 3. That this was so at the Common-Law until the Statute of 14 E. 3. came which gives Power to amend process in the other Term and after 46 E. 3. the Case was Et praedictus defendens similiter whereas it ought to have been Querens but it was not amended because it was an old Roll and the Statute gives Authority only for New of the same Term they are Entred and then was made the Statute of 26 H. 8. which gives power to amend a Plea Roll but no Omissions can be thereby amended but Misprisions only Mich. 9 Jacobi in Communi Banco Weeks versus Blacksteed Lessee de Cambden A Venire facias in Ejectment is a warded to the Sheriff wherein the Plaintiff is named I. P. the Jury is retorned and give their Verdict by his true name viz P. P. and so is the Postea The Court said If the Record be true and not the Process it may be amended as a Misprision of the Clerk but contra if the Record be false and the Process true but in the principal point the venire facias was void and therefore they would advise upon it Mich. 10. Jacobi in C. B. Peircy versus Milton In Quare impedit the Writ was by the Misprision of the Clerk Bicaria where it ought to have been Vicaria and it was amended After a Writ of Error brought in the Kings Bench Serjeant Hutton moved that the Warrant of Attorney might be
35 H. 6 36. In a Writ brought by one as Son and Heir to J. S. after Imparlance the Tenant cannot plead to the Writ that he is a Bastard or that he is not Heir but he may well plead it in Barr of the Action 22 E. 4 35. An Outlawry is a good Plea in Barr of an Action of Debt For by the Outlawry of the Plaintiff the Debt if it grow due by Specialty is vested in the King but secus of an Action of Debt upon Contract For in that Case the Debtor might wage his Law against the Debtee who is Outlawed 16 E. 4 4. By 10 H. 7. it seemeth that an Outlawry goeth rather in Barr of the Action than to the Writ for there it is said that where a Man cannot plead to the Writ but by shewing of a matter in Bar there he may shew it and conclude to the Writ For in an Action of Debt a Man may plead Outlawry in the Plaintiff and conclude to the person and yet the matter goeth in Bar and he may plead it also in Bar and conclude to the Action 10 H. 7 11. After a Voucher is counter-pleaded and the Tenant put to another Answer he may notwithstanding plead that the Demandant is Outlawed but after Voucher the Tenant cannot plead to the Form of the Writ 21 E. 4 64. 5 E. 3 223. If a Man pleadeth that the Plaintiff is an Alien born or a Villain or an Outlawed Person it is left to his Choice whether he will conclude these special Matters to the Writ or to the Action 32 H. 6 27. If the Husband and Wife bring an Assize and a Feoffment or Release of the Husband or the Wife or of some Ancestor of one of them be pleaded in Bar both of them shall be barred 21 R. 2. Judgment 263. An Exception taken to a Writ propter defectum Nationis vel potiùs defectum Subjectionis ligeantiae is peremptory and the Action cannot be revived by Peace or League subsequent Theloal Digest ' de Briefs Lib. 1. Ca. 6. The King may grant Licence to Aliens to implead and that such Aliens as come into the Realm by the King's License and safe Conduct may use Personal Actions by Writ though they be not made Denizens And Denizens lawfully made by the King's Grant and such Aliens born which are within the express words of the Statute of 25 E. 3. may use Actions Real by Original Writ Theoloal ubi supra If a Man be Excommunicated and he sueth an Action Real or Personal the Tenant or Defendant may plead that the Plaintiff is Excommunicated And thereupon he ought to shew the Bishop's Letters under his Seal testifying the Excommunication and then he may demand Judgment whether he ought to be answered But if the Demandant or Plaintiff cannot deny this the Writ shall not abate but the Judgment shall be that the Tenant or Defendant eat inde sine die because when the Demandant or Plaintiff hath purchased Letters of Absolution and they are shewed to the Court he may have a Re-summons or Re-attachment upon his Original according to the Nature of his Writ Lit. Lib. 2. Ca. 11. Sect. 42. An Action upon the Case was brought and the Plaintiff set forth that a Jury was Impannelled and Sworn and that one of the Jurors was challenged for that there were not 12 Jurors Talis de Circumstantibus was awarded and another Juror Impannelled and so legitimo modo acquietatus fuit but this was held Erroneous per totam Curiam For it doth not appear that he was legitimo modo acquietatus because he doth not say that this other Juror was sworn Mich. 8. Ja. in C. B. Reg. 10. If a Man plead a General Act of Parliament and mis-recite the same yet it shall not prejudice him because the Judges ought to take notice of it per totam Curiam and nul tiel Record ' cannot be pleaded against a General Act of Parliament although it cannot be found per Coke Chief Justice ubi supra Reg. 11. Note by all the Justices for a general Rule where a thing alleadged doth confess and avoid my Plea I may Traverse it 7 H. 6. 13 Eliz. Dyer A Copy-holder pleaded that per Licentiam Dominorum Manerii adtunc existentium he made a Lease for Years to J. S. and rul'd to be an ill plea because he hath not shewn what Estate the Lords have in the Mannor For they may be only Tenants at Will and so cannot give License to make a Lease for Years although they have Power to grant Estates by Copy A Man brought an Action of Trespass for his Horse taken The Defendant said that the Plaintiff gave him License to take his Horse and farther said that he was within Age at the time of the License c. Afterwards the Defendant said that he was not seised long time before that the Infant any thing had c. and so possessed until J. S. took and gave to the Infant This is a good Departure because that he doth not maintain his Barr sc his License 5 H. 7. Assise the Tenant pleads that his Tenant died without Heir he shall not be received to say that he committed Felony for which he was attainted because that it is new Matter and not pursuant An Obligation did bear Date the first day of May and was delivered the. 20 th day afterwards the Obligee releaseth the Second day of May which Release was delivered the same day This Release is no Barr quod nota If the Obligee brings an Action and declares upon a Bond bearing Date the first day c. and doth not say that it was afterwards delivered the 20 th day the Defendant shall barr him by the Release which was made after the first day and the Plaintiff shall not reply and shew the first Delivery of the Bond the 20 th day for that is a Departure and because that he might have alleadged it it at the Commencement By Keeble where the Defendant in Trespass fortifies his Bar and there is no other Matter but pursuant to the Barr and goes before the Barr in Conveyance of his Title This is no Departure but where the Barr is before the Matter shewn in his Rejoynder this is a Departure As in Assise the Defendant pleads the Dying seised of his Father and gives Color c. The Plaintiff pleads the Feoffment of the Defendant after that Descent the Defendant rejoyns and saith that Feoffment was upon Condition which Condition was broken and so he did re-enter Now this is a Departure for the Barr was before the Feoffment But if the Tenant in Assisse saith that J. S. was seised and enfeoffed him and gives Colour c. and the Plaintiff saith that J. S. disseised him and enfeoffed the Defendant upon whom he re-enter'd and was seized until c. if the Tenant rejoyn that after the Disseisin he releas'd to the said J. S. and then he enfeoffed him This is no Departure and yet he might have
deux Guards nor Quare impedit of two Churches Yet by the Judges it was held good eonugh as of Trespaâ—s for a man may joyn Lands of twenty Titles in Trespass and Trespass lyes f Wood Pasture and the like and 4 E. 2. if a man hold Lands in Capite and dye having issue only two Daughters within age and they are ravished the Lord shall have but one Ravishment de Gard. and 31 H. 6. 14. if a stranger enters upon two Parceners they shall have but one Formedon and if the Lessor shall have one Writ of Covenant for those Houses the Assignce shall have the same For the Statute of 32 H. 8. ca. 14. gives the Assignee the power of the Lessor And the Lord Chief Justice Coke said If a man seised of Lands in Fee enfeoffs an other to the use of himself for Life the Remainder of part to one of his Daughters and â—he Heirs of her Body issuing the Remainder of the Residue to the other Daughter and the Heirs of her body issuing the Eldest Daughter dyes without Issue a Stranger enters upon the whole the other Sister shall have but one Writ Mich. 8. Jacobi in Communi Banco inter Pyot dominam St. John If an Infant Lets Lands for a Term of years rendring Rent he may at his Election have an Action of Debt for the Rent reserved upon the Lease or bring Trespass for occupying of the Land and so he may have an Action of Trespass for the use of of a thing sold by him And if an infant do give an Horse to one without actual delivery of the Horse into his hands at the time of the gift and the Donee taketh the Horse by reason of the gift the Infant may have an Action of Trespass against him 18 E. 4. 2. If an Infant makes a Lease for years or a Lease per dures if the Lessee enter the Infant may have an Assise but if the Infant makes a Feoffment and deliver seisin accordingly he shall have no Assise for by the Livery of seisin the Feoffee had a possession at Will at least but if he makes a Letter of Attorney to deliver seisin he may have an Assise 9 H. 7. 24. 8. 2. Mar. 109. Dyer Rug. Case If an Obligation be made to Husband and Wife the writ may be brought in the Husbands name only 12 R. 2. Breif 639. And so Where a Lease for years is made by Husband and Wife of the Lands of the Wife rendring Rent the Action of Debt must be brought in the name of the Husband only 7 E. 4. 5. But by 2 R. 2. in a Writ concerning a Chattel real they may joyn 2 R. 2. Breif 37. As to such things which concern the person of the Wife immediately there the Writ must be brought in both their names And therefore The Husband cannot sue a Writ of Appeal for the Rape of his Wife without naming the Wife 8 H. 4. 21. 1 H. 6. 10 H. 4. Brook Baron Feme 34. Husband and Wife brought an Action of Battery for the beating of them both the Writ was adjudged good for the Battery of the Wife but not as to the Husband 9 E. 4. 54. The Husband and the Wife shall both bring an Action of Trespass for the taking away the Goods of the Wife before Marriage 21 H. 33. In a Writ of Detinue of Chartres against Husband and Wife Declaration was upon a Trover and the Writ was abated 13 R. 2. Breif 644. A Writ of Covenant was brought by the Husband and Wife for that the Defendant had Leased to them Lands by Deed for Term of years and afterwards ousted them and the Writ was adjudged to be good for if the Husband dyes the Wife shall have the Term and in this Case they were both parties to the Covenant 47 E. 3. 12. An Action of Debt for the arrearages of Rent reserved upon a Lease for years made unto the Husband and the Wife shall be brought against them both and so shall a Writ of Wast for the Wife cannot waive the Lease during the life of the Husband 6 E. 4. 10 17 E. 4. 7. An Action upon the Statute of Laborers was brought against Husband and Wife supposing that the Wife had Covenanted with the Plaintiff to be waiting-woman to his Wife for a year and that she departed out of service within the year and the writ was adjudged to be good being brought against them both 8 R. 2. Laborers 59. A man may have a writ of Detinue of Charters and of Chattels joyntly because there one thing is the ground of the Action viz. the Deteyner 44 E. 3. 41 Breif 583. Likewise a man may have a writ of Debt where part of the Debt is due by Obligation and part by Contract because there the Debt is only occasion of the suit 41 E. 3 damage 75. 1 H. 5. 4. So in things of the like nature one writ may comprehend many wrongs and therefore an Action of the Case was brought for hindring the Plaintiff to hold his Leet 2. for the disturbance of his Servants and Tenants in the gathering his Tithe 3. for Threatning so that the people c. durst not come to a certain Chappel to do their Devotion and present their Offerings 4. for the taking of his Servants and Chattels 19 R. 2. Action sur le Case 52. When an Action is given by the Statute and the Statute doth not prescribe any certain form of the writ the writ framed at the Common Law shall serve for that purpose and the special matter shall be set forth in the Declaration Dyer 37. a. 83. Where a man shall have an Action against his own Deed. A man shall have an Action against his own Deed as if I disseise an Abbot and make Feoffment in Fee with waranty and afterwards I am made Abbot of the same House my Feoffment shall not be a Barr to me notwithstanding it was with warranty I shall have an Action against my Alienee because that I recover to the use of the House and not to my own use The same Law if I disseise Major and Commonalty c. The same Law of the Parson of a Church The same Law if I take a Horse of a Feme sole and Sell it and afterwards marry her I shall have an Action of Debt against my Alienee because that I recover to the use of my Wife tamen quaere A Monk shall have a Quo minus debitum Domini Regis solvere non potest for the advantage upon a Lease made by the King reserving Rent 14 H. 4. The same Law if a Villein be made executor to a man to whom the Lord is bound the Villein shall have an Action against his Lord. The same Law if a Monk be made Executor c. The same Law if an Abbot hath been disseised and afterwards the disseisor is desseised the Disseisor releaseth with warranty and after that is made Abbot he shall find against his own Deed
off and filed as of Hillary Term Else it would be Error to declare in a Joint Action upon Bail for one in Michaelmas and the other in Hillary Term quod concessum fuit per curiam If a Captas be awarded and Returned non est inventus against the Principal and the Bail bring him not in If the Principle dye although there be no Scire facias against the Bail Yet the Bail is chargeable For though the Court will excuse the Bail Yet the Bail if they bring in the Principle before the Return of the Second scire facias yet this is of grace and not of necessity If the Husband and Wife be Arrested for the Debt of the Wife and the Baron find Bail for himself yet he may be detained until â—e find Bail for his Wife but he shall not be detained until find Bail for her Husband or the Husband for himself Judgment was given against one in the Kings-Bench upon which he was in Execution and had another Judgment against him in the Common-Pleas in which Court his Sureties to save their Bail brought him to the Barr by Habeas Corpus to render his Body but before that he had brought a writ of Error in the Kings-Bench to reverse the Judgment in the Common-Pleas but the Record was not removed In this Case the Court said When a man comes in to save his Bail he shall not be committed if the party do not pray it but when Error is brought before that he be in Execution it is a supersedeas so that they cannot commit him at the Prayer of the party And Waller Prothonatory said That the Bail is to render his Body so that the Party may take it in execution but here he cannot in regard a writ of Error is brought and therefore the Sureties shall be discharged Mith. 14 Jacobi in Banco Communi In the Common-Pleas the Bail is bound in a certain summ but it is not so in the Kings-Bench and when a man enters Bail in the Kings-Bench in a cause they shall be charged in all Suits between the same partyes entred the same Term. The Bail shall answer for all Actions brought the same Term against the Party for whom he is Bail but if a man be bail for another and hath Lands in Fee and he declares and afterwards the Bail sells his Lands and an other commenceth a Suit against the party the same Term he shall not be charged with the other Actions Cro. lib 2. fo 449. Term. no Sci ' Hillarii Anno 15 Jacobi Regis One Gabriel Mihil was indebted to A. B. and put in Bail in the Common-Pleas to pay the same and afterwards A. B. Arrested Mihil in London for the same Debt whereupon Judg Forster the other Judges being in the Chancery awarded an Attachment against A. B. for this Contempt and herewith agrees 2 H. 7. Hill 15 Jac. in C. B. Bankrupt IF Creditors after a Commission of Bankrupt is sued forth although at the first they refused yet within three or four months they come and tender their proportion towards the charges of the Commission They shall be received to have their parts as the other Creditors if no distribution hath been made of the Bankrupts estate before The Commissioners of a Bankrupt may sell the Goods of a Bankrupt altho the Bankry had sold them or disposed of them to his Creditors if the sale or disposal thereof were after he became a Bankrupt The Commissioners may sell the Copy-hold Lands of a Bankrupt for and towards the payment of his Debts by Deed indenâ—ed and inrolled declaring how he was found a Bankrupt and expressing to the use of the Creditors and at next Court the vendee shall be admitted and have his Copy I. C. and R. C. brought an Action of Debt jointly upon a joint Debt assigned to them by Commissioners upon the Statute of Bankrupts and it was said by the whole Court that the Commissioners had not pursued their Authority by that joint Assignment for they ought prorata to have assigned to every one but quere if the joint Debt may be divided among the Câ—edâ—tors and the Lord Chief Justice said That a Custom may devide a Debt and then à fortiori an Act of Parliament may Mich. 10 Jacobi in C. B. A Bankrupt cannot make sale of any of his Goods after he becomes Bankrupt but Goods which he hath as Executor or a Legacy before it be invested in him or a Grant of a Reversion before Entry all these shall not be charged within the Statute But if a man sells those Goods which he hath as Executor and afterwards retakes an Estate to himself or converts them to his own use this is within the Statute Per dom Coke et alios justic ' Pasch 9. Jac. in Com Banco A man shall not Forfeit those Goods which he hath as Executor by Outlary ib. Barr. A Man may be Barred pro tempore and yet afterwards he shall have his Action IN Debt against an Executor he Pleads plene administravit and so it is found the Plaintiff shall be Barred and yet if Goods comes to his hands which were the Testators he shall have a Writ of Debt The same law in Debt against an Heir who pleads Riens per discent which is found so and afterwards he hath Lands by discent c. In Formedon the Tenant pleads the warranty of the Ancestor of the Demandant with that that he hath Assets by discent he pleads that he hath nothing and it is found that he hath he is Barred To plead a thing by way of Barr or Estoppel which the Demandant or plaintiff is to defeat or destroy by the Usageof his Action is no good Plea AS in Attaint brought upon a Verdict de nativo habendo Villenage is no Plea Also where Reversion and Rent pleaded for Assets is not Assets there the Heir is to defeat the Assets If a man sues a Prohibition and the Defendant alledgeth Excommunication in the Plaintiff he may say t is for the same cause If a Villein brings a Writ of Error upon Judgment had in nativo habendo Villenage is no Plea Where a man Pleads a Recovery in Barr he ought to add more to it or otherwise the Recovery is no Barr. ANd that is where the Tenant Pleads a Recovery by default against the Demandant he ought to add more to it viz. with that that he will averr that he was Tenant at the time of the Recovery The same Law if Tenant in Precipe quòd reddat will Plead a Recovery in a Writ of Cosinage by default he ought to shew how he was Cosin Also if the Tenant will Plead a Recovery in a Writ of Right against the Demandant by default he ought to shew of what possession his Writ of Right was conceived But otherwise it is if he will Plead a Recovery in Formedon by Action tryed this Recovery is a good Barr without adding any thing more to it where note the Diversity Where a man
was the Opinion of Twisden in the King's-Bench H. 22 23. Car. 2. That if a Forraign plea which is not local be pleaded the Plaintiff may demurr upon it but if it be local he cannot demurr upon it but then the plea must be sworn Debt on a Bond to account he pleads he accounted Plaintiff Assigns breach in 30 l. received not accounted for Defendant rejoynes and saies Robbed of it and gave notice Et hoc paratus c. good and not Et hoc pet it c. for now he leaves the other to traverse the Robbery though it makes a negative and affirmative Vere versus Smith P. 23. Car. 2 B. R. Cook versus Whorewood Debt on a Bond to perform Covenants to enjoy such Land against A. and B. Defendant pleads Covenants performed Plaintiff replyes and sayes A. and B. habentes jus virtute tituli eis inde fect ' ante Burg. predicta ' entred the Defendant demurrs because the breach Assigned too general but per Hall good enough he being a Stranger Twisden doubted Proctor versus Newton Trin. 23. Car. 2. B. R. Rot. 826 Debt on a Bond to save harmless from payment of Legacies and Assigns breach that A. sued in Chacery for a Legacy first not shewing were the Chancery was Secondly saying he sued for a Legacy and saies not in fact a Legacy was given Dainty versus Faire Mich. 10. Jac. B. R. Debt upon an Obligation dated at Hamburgh was brought in London and good for Hamburgh in that sence shall be taken for a place as Antwerp Tavern in London not for the Town of Hamburgh in Germany and it was brought in the Detinet only and yet good because of Forraign Coyne But naught if for English money A man may bring an Action of Debt upon a Statute-Merchant but not on a Statute-Staple Debt against a Prisoner for Debt or for an Attorney for Fees no Wager of Law lyes But a Prisoner for Lodging and Dyet may wage his Law It lyes not for Rent it lyes upon a simple contract if it be brought in Debt But if it brought in Case the Defendant cannot wage his Law A man brings an Action of Debt against two and hath Judgment and two Precipe's against them and Arrests one by Fieri facias and the other by Capias ad satisfaciendum it is vicious per totam Curiam But he may Arrest one by one Capias and the other by another Capias and if one of them satisfies the Judgment the others Body is free and with this agrees 36 H. 6. Hillary's Case and 4 E. 4 it is said that the Plaintiff shall have but unicam executionem i. e. unicam satisfactionem Mich 11 Jacobi in Communi Banco An Action of Debt ought to be brought in the Debet et Detinet against an Heir but against Executors only in the Detinet per Coke Lord Chief Justice ib. A man brings a Writ of Debt upon a Deed and declares de octinginta Libra the Defendant prays oyer of the Deed and hath it and it was octogesima Libra and good per totam Curiam and with this agrees 9 H. 6. et Pasch 12 Jacobi where yginta for viginti was adjudged good Mich. 13 Jacobi in C. B. Detinue IN Detinue of a Box of Writings the Defendant pleads that A. B. and C. have each of them severally brought their Writ of Detinue against him and brought the Writings into Court ready to deliver to whom the Court shall award they shall interplead and the interpleader shall be on the eldest Original viz. A. shall interplead with the Plaintiff to Barr his Title and B. shall plead against them all But vide if there be variance of the Writings c. in the Declaration when no interpleader shall be P. 4. E. 4. Pl. 11. 11. E 4. 11. a. 3 H. 6. 20. a. 32 H. 6. 25. b. 25 H. 6. 20. a. Trin. E. 4. Pl. 2. Detinue and counts of a purchase of an Annuity and the deed the Defendant pleads non Detinet Jury find the sale c. but it is not agreed that the Defendant should detayne the Deed till the money payd which is not before the plea but on the general Issue he ought not to have given that in Evidence but should have pleaded it for upon the general Issue that which would make a special Barr cannot be given in Evidence or if found by the Jury is it material vide Cest Case title Averment 22 H. 6. 37. Detinue of Charters and Counts of a writing Cont ' that I. S. infeoffed c. And though he said but in facto a Deed whereby I. S. infeoffed c. but Cont ' that c. And so for ought appears no Livery might be yet per curiam well for 't is a deed though nothing passed and the Action lyed But Princ. it may work by Confirmation 39 H. 6. 37. b. In Detinue after Verdict 't was moved in Arrest of Judgment that Sattago was not good but Sartago and igneum ferrum anglice a firegrate improper yet the Court adjudged the Declaration good enough Smith versus Warder 13 Car. 2. in B. R. Of Disclaimers and Discontinuances of Actions ONe brought an Action of Covenant and had Judgment and a Writ of Enquiry of damages and afterwards it was discontinued by Rule of Court Trin. 10 Jac. in communi Banco If a man brings an Action of Trespass in 3 Towns and mentions but 2 Towns where the Trespass was committed the whole is discontinued 16 E. 4. 11. So 9 E. 4. 51. A man brought an Action of Debt and demanded by his Writ 10 l. 6 s. 8 d. and his Declaration was but of 10 l. and his Writ did abate An Action of Trespass was brought in the Court of Common-Pleas oâ— several things one of which was discontinued and by Warberton Justice the whole Action was thereby discontinued adjudged in Sir Fran Pawmes Case If two are bound jointly and severally and an Action of Debt is brought against them both and it was discontinued against one of them it shall abate against both 7 H. 4. Fitzh Tit. Breif 279. 5 E. 4. 107. But by Hobart Chief Justice a man may put more in the Writ than in the Declaration but not more in the Declaration than in the Writ Hill 12. Ja. Pl. 4 in C. B. In Audita quaerela scire facias or Attaint by 2 the Nonsuit of one shall not be Nonsuit of both and his Release shall only Barr himself and the reason is because they are compell'd by the Law to joyn in the Action and the cause of Action accrues not by their deed but by Act in Law and for that the Law is favourable to them So that if one will not sue the other may sue by himself But if a debt be due to two by reason of Contract or by Obligation or two Jointenants have cause to have an Action of Trespass in this case the Nonsuit of the one or the Release of one shall Barr the other because it
Bustard against Collyer 3 Cro. 899. Trespass the Defendant prescribes for Estovers at all times except fawning times the Plaintiff made an ill Replication the Defendant demurrs though the Bar was ill the Defendant not shewing that at the time that he cut c. was not fawning time yet he having demurred on the Plaintiff's Replication the Court would not to the Bar but no Judgment of the Plaintiff's ill Replication Russel against Booker 2 Leon. 209. 210. Trespass for Battery the Defendant justifies Molliter manus imponendo in defence of the Possession of his House the Plaintiff replyes de Injuria sua absque c. Verdict for the Plaintiff and Judgment Replication good for the principal is the Battery Hall against Gerrard Latch 128. 3 Cr. 225. Laâ—ch 221. 273. Trespass the Defendant pleads the Plaintiff is a Recusant convict whom the Statute 3 Jac. 5. makes excom ' Judgment de billa because it wants Et hoc paratus c. per Recordum also the Conclusion is unapt for the Plea for the Plea is in Disability the Conclusion is barr but it seems the Conclusion is but form and used by general Demurrer And vide the form of several Conclusions Inde si Cur ' vult cognoscere 2. Al' person ' sit serra respond ' 3. Al' briefe Judgment ate ' Br. 4. Al' accon ' del briefe 5. In barr ' Com' apprest Bracton de excepc ' and differ Quando le ple al' br ' of perempt ' quando neme If the pleading to the Writ be tryable and tryed per pais is peremptory to the Defendant other if Demurrer upon respond ' but if the Plea be tryable by Certificate of the Ordinary 't is never peremptory and if the Plea to the Writ be to the Action of the Writ it seems peremptory so Plea to the Action of the Writ and Conclusion to the Writ peremptory if demurred one pleaded to the Action of Avowry he shall not resort to plead in Abatement after Imparlance one pleads Outlawry in the Plaintiff allowed Dr. Cudman against Grendon Vide 40 E. 3. 9 pl. Abatement Avowry and Conclusion the barr Latch 177 178 179. Co. 11. rep 52 a. and 1 Cro. 117. Trespass the Defendant justifies as Executor the Plaintiff says that the Defendant was annulled upon Appeal to the Court of Rome and so not Executor if the Conclusion good diverse of opinion semble as well as where one pleads a Divorse in the Spiritual Court and so not his Wife M. 2. R. 3. fo 22. pl. 51. In Trespass for Misprision the Defendant pleads that Robery had been done and that he being a Watch-man and the Plaintiff coming through the Town in the Night he stopped him to see what he was doubted if not double for he might stop him generally either under Suspition or particularly as a Night-Walker being a Watchman H. 4. H. 7. pl. 2. Trespass against two Defendants they Justifie Et hoc paratus ut Justific ' exceptionis taken because it should have been Et hoc parat ' sunt 1 Cro. 413. 414. Trespass for taking his Apprentice Plea that the Plaintiff discharged him not good for he cannot be Apprentice but by Indenture and then he cannot be discharged but by Deed no more than one Covenant to build me an House in Covenant to plead a Discharge of the Building unless he plead it by Deed 21 H. 6. 31 32. Trespass Defendant pleads a Lease at Will made to him by Vertue whereof he entred and was possessed and held good without shewing of what Estate he was possessed Idem in pleading a Feoffment c. For it may be doubtful in Law as if made by an Infant c. Therefore more safe to plead the Matter and to omit the Conclusion how he was seized and leave it to the Court 35 H. 6 63. b. Trespass the Defendant pleads that the Plaintiff had nothing but in Common with J. S. c. per Cur ' he ought to shew how Tenant in Common viz. the Feoffment c. if of a Joynt Tenancy personar c. but not after the Plaintiff stands not on it but says he was sole seized and some thinks the Law is he pleaded a Tenancy in Common of the adverse side but if he had pleaded on his own side then I agree I must shew how 3 H. 6 56. Trespass for Fishing in his several Fishings the Defendant pleads 't is not Freehold and by some the plea is good till the Plaintiff make a particular Title to the Fishing Idem in Case of Warren but per Yel and not denied but not so for Common because when one demands Common it must be intended in alieno solo But when one demands Fishing or Warren it may be intended in his own Soyl And so for the Defendant to plead un ' Fr ' Tent ' a good plea prima Facie till the other makes a Title but per Fortescue with a Traverse of Fishing c. 't is good else not no Resolution vide Title Forrest per tout And Title Fishing per tout plus de cest ' matter and vide 21 H. 6. 21 b. and the Plaintiff makes Title 18 H. 6. 29 30. Trespass Quare lib ' Warr ' fregit et Cuniculos cepit the Defendant pleads that the Plaintiff was seized and let to A. he by Command of A. took the Conyes Judgment le sans Title Mre ' and after waves that and pleads ut auter Judgment si Acco ' per Danby on plea because the Warren passed not by the Lease of the Land and one may have Warren in his own Freehold Note he may plead Title under the Plaintiff himself and Note the General Issue and Note after he pleads the Freehold in a Stranger who let ut supra and that he by Command of A. c. absque hoc pt ' the Plaintiff has any Warren there Jenny that is doubt the Freehold in a Stranger and traverse of the Warren and thereon he Demurrs L. 5 E. 4 54. Trespass for cutting Trees Defendant makes Title to the Lord in Right of his Ward and that he cut prout sibi bene licuit Danby Chief Justice and the Conclusion ill For it appears waste and unlawful Marle mal Opinion ut mihi videtur 't is Lawful quoad the Plaintiff and good For before the Statute of Waste Lessor or Ward had no Remedy against the Lessee or Guardian by Trespass and now 't is punishable only by Waste not in Trespass but it may be an Estoppel in Waste therefore better to plead he cut them for a Repair prout sibi bene licuit L. 5 E. 4 64 89. b. Trespass for taking beating and impounding his Cow Defendant quoad ven ' vi armis and pleads Not Guilty and quoad the taking and impounding justifies for a Distress ill not answering the Beating Copeley against Piercy Trin. 19 Car. 6. B. R. Trespass for taking Cattel Defendant justifies Plaintiff replies and avoided it hoc c. unde petit Judicium si
amended where the Christian name was omitted but entred in the Clerk of the Warrants Office upon the Statute of 38 H. 6. and it was amended Mich. 14 Jacobi in C. B. A Judicial Writ shall be amended by the Record because it came from thence Paschae 15 Jacobi in C. B. The Original Writ is primo Martii and in the Declaration it is primo Maii it is void for there is no such Record and it cannot be amended because the Count cannot be amended 4 E. 4. and Coâ—e Chief Justice said That a Judgment given without an Original is not void but voidable Mich. 10 Jacobi ubi supra Misprision shall be amended by the Statute of 14 E. 3. As upon Variance between the Count or Declaration and the Writ if it be in default of the Clerk it shall be amended The same Law if an Exigent be awarded retornable Octabis Michaelis and the Roll is Quindena Martini 7 E. 4. The same Law in Trespass the Parties were at Issue and Venire facias and Habeas corpora were served and Distringas awarded with Nisi prius the Roll was Quindena Martini and the Writ Mense Michaelis at the day in pais the Justices took the Enquest notwithstanding that it was brought without Warrant the Writ of Nisi prius shall be amended 7 E. 4 The same Law Ravishment de gard was brought against one Banaster and the Process was Vanastr ' and for that it was amendded Mich. 4 H. 6. The same Law if the Roll varie from the Original the Process c. 19 H. 6. Amendment is properly where there is default in the Clerk as where a man shews an Obligation to a Clerk of the Chancery and the Clerk doth not make a good Origiginal upon it now it shall be amended because the Clerk had sufficient Instructions but it is contrary if he shew the Clerk only a Copy of the Obligation The like Law if a man brings a Formedon and these words quam â—lamat esse jus et heredltatem suam are omitted there the Original shall be amended for the Clerk ought to look to his Register and there he might see in what Form he should make the said Writ So it shall be where the Original is good in any case and the judicial Process naught it shall alwayes be amended for it appears to be wholly the default of the Clerk The like Law shall be in Trespass the Defendant pleaded non cul et ponit se super patriam and the Clerk entred it Et def similiter where it should have been Et praedictus querens similiter this shall be amended because it appears that the default is in the Clerk as in other cases before But where no default is in the Clerk otherwise as if in a Plea that matter which he would a verre be omitted it shall not be omitted it shall not be amended for it is part of the Plea The like if a Colour be omitted in a Writ of Trespass or Assise And so see the diversity In Assise brought against two or three where one is Tenant and the other is Disseisor the Tenant takes the Tenancy upon him and Pleads in Barr now if the Plaintiff makes Title and Traverseth the Barr and concludes et issint fuit il seisie tanque per les trois disseisie this Plea is not good for he ought to maintain his Writ and there he shall have it pro falso clamore So it is in Trespass a second Capias is awarded and then an Exigent the Defendant appears upon the Exigent and shews the matter now the whole Process is discontinued and shall not be amended for it was the fault of the Party for he ought to pray his Process at his peril and then the Office of the Clerk is to make it as it should be c. So if Summons be awarded in Precipe quòd reddat and afterwards a petit cape or grand Cape be made it shall not be amended for the cause rehearsed A Judgment given in a Writ of Annuity was reversed for that the Writ of Annuity was Precipe quod reddat 26 marc ' 6d 8â— que ei aretro sunt de annuo reddit ' 4 marc ' per annum and the Count the 6s 8d were left out and because that there was a disagreement and it is the warrant of the Writ it was reversed for the Count is by the Party and not by the Clerk 9 E. 4. Venire facias was made Vicecomiti but Salop was omitted and the Sheriff of Salop impanelled the Jury and it was amended a Tryal and diversity taken whereby special Plea the issue shall be of another County and the Award of the venire fâ—cias special there it shall be ill but where upon general Issue or within the same County the Award is fiat inde Jurata there it sâ—all be amended Yelvertons Rep. Lee vers Lacon 69. and 2 Cro. 73. Appearance A Man is Arrested upon mean Process and gives Surety to the Sheriff by bond to appear and after Supersedeas comes to the Sheriff before the day of appearance Yet the Defendant ought to appear otherwise the Bond is not saved By the Statute of W. 2. a man of 70 years old shall not be amerced for not appearing upon the Jury per tot Cur. Mich. 9 Ja. in C. B. Annuity AN Annuity is granted pro consilio impenso et impendendo to one Plumer an Attorney There is a Suit depending between the Grantor and a Stranger The Attorney gives Councel to the Stranger That is adversary to the Grantor But it is not required to give Councel to the Grantor in that Cause Whether this was against the effect and intent of the Grant aforesaid And it was held not by the Court and that the Annuity should continue Note in Annuity it is not necessary to express in the Declaration the Estate of the Grantor but only to say That the Grantor did grant the Annuity Co. Entr. Fol. 49. Arbitrement DEbt upon Obligation or upon arrâ—arages of account cannot be put in arbitrement with other Trespasses or such like notwithstanding the submission be by Deed but it is otherwise of a contract quod nota Arbitrement is not good except that the party can perform it without the aid or licence of an other as if Arbitrators award that the one Party sâ—all enfeoffee the other of the Mannor of D. of which I. S. is seised this is a void Arbitrement and yet it is possible for he might disseise I. S. and make Feoffment c. or might purchase the Mannor of I. S. and thereof make Feoffment according to the Award but the party shall not be charged with these mischiefs and therefore the Arbitrement shall be void Otherwise it is if the Award was that one of the parties sâ—all Enfeoffe the other of the Mannor of D. generally without speaking of I. S. that he is there compellâ—d to make Feoffment thereof And so note the diversity where it appears upon the Award and
Scire Facias it shall be tryed in one Case by the Natives in the other by the Certificate of the Captain M. 11. H. 7. pl. 17. P. 21 E. 4. pl. 4. The Sheriff returns the Exigent thus Ad Comitat ' tent ' apud C. in Comitat ' Somerset 5. Exactus non comperuit because 't is not said ad Comitat ' Somerset nor Somerset set in the Margin 'T is held to be ill because it might be the County Court was not held in the County of Somerset but in another County sed adjornatur M. 11. H. 7. pl. 33. H. 6. H. 7. pl. 7. One taken upon a Capias utlegat ' by the Name of J. S. Gentleman says he is a Yeoman and was c. Scire Facias against the Plaintiff and issue that he is and was a Gentleman and the party was bailed the King dies before the Issue tried the party comes in Court temps the next King and is committed for the Bail was determined and the Cap ' utlegat ' also and a new utlegat ' awarded and returned and then he pleaded the same plea again and issue for before he could not all being determined M 1. E. 4. pl. 7. Original against W. B. Cap ' against J. B. and Outlawry shall be reversed by Moyle Danby contra Et sic per Moyle if all the three Cap ' had been against J. B. for then no Cap ' had been against W. B. quod Danby denied M. 15. E. 4. pl. 17. Trespass and Judgment for the Party and Fine for the King and Exigent at the Suit of the King and after two or three Courtiers of the King send a Supersed ' under the Privy Seal they proceed to Outlawry but shall not prevail for though the King have this Fine by reason of the parties Suit and if the party be taken he shall be Imprisoned and not discharged at the Parties Suit if he will yet till he be taken 't is only the King's Suit and the Parties have no Interest in it and if the Defendant be Outlawed after the Supersedeas 't is Error and shall be reversed P. 4. E. 4. pl. 24 36. Tr. 4. E. 4. pl. 4. M. 4. E. 4. pl. 14. H. 4. E. 4. pl. 3. vid. Co. 5. rep 88 89. The Sheriff returns the Copy of the Exigent and not the Writ it self with Proclamation c. he shall be Amerced for the Imbezlement of the Writ and if the Party render himself to the Chief Justice in Vacation time and get a Supersedeas whether he shewed it to the Sheriff or not it shall be entered in the Term and the utlegat ' discharg'd 1 Inst 128. and idem ibid. 43. b. If Error be brought of an Outlawry and it appear doubtful a Special Supersedeas shall go to the Sheriff quod capiat securitatem que les biens ne serront illoine vide 9 H. 6 44. a. b. utlegat ' after Supersedeas void and 7 H. 4. 1. a. if void and the party shall be restored to his Goods 7 H. 4 5 b. Supersedeas and Exigent rules at the day and a new Exigent and a Supersedeas the Outlawry after void H. 4. E. 4. pl. 3. Tr. 5. E. 4. pl. 13. le Amerciamt ' 37 H. 6 17. vide 3 H. 4 5. a. 8 H. 4. Cas Prin. 8 H. 4 7. a. 11 H. 4 34. a. Audita Quarela by one in Execution and he offered in Mainprize the other ut amicus Curiae surmised that the Plaintiff is Outlawed wherefore he ought to stay in Prison for the King 's Fine wherefore he was put to reverse the Outlawry or sue a Pardon H. 6. E. 4. pl. 1. The Plaintiff had sued three several Executions against the Defendant and brought Supersedeas for every one but there was granted aâ— Exigent with Precept that if any Supersedeas come to the Sheriff he should not allow it P. 7. E. 4. pl. 20. Error of an Outlawry in Debt after Judgment because no Proclamation went into the County where the party inhabited but being after Judgment resolved it need not but only in Outlawry and Process before App ' but because in all the Proceedings she was named A de B. and in the Exigent she is named nuper de B. and because it was recuperavit versus eum for eam it was reversed Lady Gargrave against Markham 2 Cro. 516. Exigent in London and 't is returned quod ad Husting ' c. and recites a Form which was ad Husting ' de Com' plit ' and that assigned for Error 2. The Exigent is that he non comperuit and 't is returned the same day it bears Teste and that was held Error Archer against Dalby 2 Cro. 660. Outlawry reversed because the Exigent supposes that Robert the Plaintiff did sue the said Robert whereas the Plaintiff's name was Thomas and Defendant being ready in Court it was reversed immediately Jonson against Kite One enters a Judgment and then is Outlawed in a personal Action then makes a Feoffment of the Lands and he that has the Judgment extends the Lands in the Hands of the Feoffee and well For by this Outlawry the King has but a pernancy of the Profits of which he is prevented by the Feoffment before Seisure not if after Seisure and if by Feoffment after Inquisition found before it be returned ibidem Opinio if the Seisure be Virtute Officii Tenant after puts the King out not if seized Virtute Windsor against Savel Outlawry against two reversed because it 's entred ideo Vtlegat ' sunt and not uterque eorum Vtlegat ' P. 15 Caroli Secundi B. R. One Outlawed after Judgment comes and pleads Misnomer and has Fieri Facias against the party and he returned Mortâ— Another Scire Facias is awarded after against the Executors and Tryal of Misnomer in this Case shall not be by Averment taken for the King but the Executors shall be made parties because it Trenches to the whole Duty but upon mort ' ret ' no Scire Facias goes against the Executors but the Misnomer is tried between the King and the Defendant 21 H. 6 21. a. 22 H. 6 7. a. In detinue of Charters and other Writings As to the other Writings the King waged Law and then as to the Charters he pleaded in Bar by Att ' nolens volens the pl. For of them concerning the Freehold no Process of Outlawry lies but Distress infinite and 8 H. 6. 23 30. Vtlegat ' lies not in Detinue for Charters and other Goods for the Charters draw the other Goods to them 21 H. 6. 42. a. 30 H. 4. b. Upon a Cap ' utlegat ' before Judgment the Sheriff may break open an House but the Plaintiff sending a Process in another Man's Name feigned an Outlawry where his Writ was but a Latitat 't is an abuse of Process and he Fined 50 l. Hob. 263. Waterhouse against Saltmarsh If one that is Outlawed for Treason Peer or Peasant be out of the Realm at the time of the Outlawry yet he cannot
for that avoid it by Error since the Stat. 26 H. 8. and 5 E. 6. as he might at Common Law 3. Inst 32. By 26 H. 8. 13. Outlawry in Treason against persons beyond Sea shall be as good as if they had been in England at the time of the Outlawry by 5 E. 6. 11. if within a Year after the Outlawry pronounced the party come in to the Chief Justice and traverse the Indictment and be found not guilty he shall be discharged of the Outlawry By the Award of the Exigent in Case of Felony the Goods are forfeited but that may be avoided by matter in Law as if the Indictment c. be sufficient or by Matter indeed or Record he may excuse his Absence as that he was beyond Sea c. 3 Inst 232 233. If one taken by Cap ' utleg ' plead a plea triable per pais for avoiding the Outlawry as that he was commorant in another County he shall be Bail'd 4 Inst 179. No Goods are forfeited by the Judgment of the Court till the Outlawry appear of Record nor is the party disabled by Outlawry till the Exigent be returned also not does any Writ of Error lie of it then 1 Inst 288. a. 4 Inst 266. Dy. 223. a. b. When Outlawry is pleaded in Debt upon a Bond it goes upon a Bond because thereupon the King is to have the Obligation but in Trespass Contract c. not because after the Outlawry pardoned the party may have those Actions and when Outlawry is pleaded in Bar and failer of Record at the day the Judgment is absolute but in the 1. of Cro. in Dawson's and Lee's Case per Barkley the Party might pray only that he should answer over and 2 Cro. Iron against Gray if it be reversed before the day c. a respond ' Ouster and 1 Inst when 't is pleaded in Bar day is given but when in Disability it must be shewed presently sub pede sigilli and such Outlawry to disable the Plaintiff must appear of Record and the Exigent be returned vide 8 E. 4 6. b. Ow. 22. Barnard's Case 1 Cro. Dawson against Lee. 2 Cro. Iron against Gray 1 Inst 128 5. 4 Inst 286. M. 4 H. 7. pl. 3. Outlawry in Chester and Durhanâ— cannot disable the party at Westminster Outlawry not pleadable in Attaint nor in Writ of Error to reverse the same Outlawry 1 Inst 128. Return upon the Exigent that he made Proclamation after Divine Service ill not shewing there was no Sermon For the Stat. appoints it to be done after Sermon and if none after Divine Service Ow. 49. The Sh. made a Lease to one Outlawed and that he was Outlawed again then came the General Pardon resolved he was capable of a Lease and by the Pardon the Term forfeited by the Second Outlawry revived for a person Outlawed and pardoned has property in his Goods Ow. 116. Knowles against Powel All Outlawries are by Judic ' Coron ' naming them excepting Lond ' else they are void but in Lond ' 't is ideo utlegat ' of the principal Judgment ipso facto reverses the Judgment of Outlawry 1 Inst 288. b. Pop. 185. 2 Cro. 358 528 531 521. 4 Inst 247. Dy. 317. a. Exigent against Baron and Feme the Wife comes in and prays a Supersedeas doubted if she shall have it For the Process must continue against the Baron and be stayed as to the Feme till he be Outlawed and then she shall be discharged sans jour and vide divers Proceedings in Outlawry against Baron and Feme Dy. 271. b. 3 Cro. 611. Hutt 86. 1 Cro. 42. Smith against Ash 2 Cro. 445. Per Statute 5 Edw. 3 12. None Outlawed shall be pardoned till the Party at whose Suit be warned yet upon two Nichils or a Scire Facias he shall be discharged but then quid remedium parti Quaere when he is pardoned of an Outlawry before Judgment with an ita quod stet because he is to Answer to the Party but when 't is after Judgment 't is ita quod satisfac ' parti because he is to pay the Condemnation Dyer 172. Trespass by J. S. plea that he was Outlawed by the name of J. S. de D. he pleads that he lives and ever did at S. it seems good for it must be intended another person by Little ' vide M. 41 H. 6. pl. 19. in an Action brought by J. D. plea that he was Bail for one by the name of J. D. Gentleman and Outlawed on it He replies that he is a Yeoman and held no plea for if he entred the plea by that Name he is Estipped but the better Reason seems to be that no Addition needed in the Recogn ' because the Statute speaks of Original Tr. 10 E. 4. pl. 10. An Outlawry in Chester or Durham is not pleadable at Westminster for they have butprivate Jurisdiction perâ—sett ' but an Outlawry in Lanc ' here per les Serjeants Com' lower Jurisdic ' sit per Outlar ' de Parliam ' 12 E. 4. 76. a. One taken by Cap ' utlegat ' pleaded that his Name is J. Stokes not J. Stoke as named and prays Scire Facias for the Plaintiff says he is known by the one and the other Name issue of it and he left to Mainprize Tri. 14. E. 4. pl. 6. If there were no Add ' in the first Writ there must be none Exig ' for they must not vary Tr. 16 E. 4. pl. 15. Outlawry in an Indictment of Forestalling reversed because Parties of Outlawry lie not in that Case P. 22 E. 4. pl. 13. One Outlawed of Felony comes in by sepi Corpus and pleads Misnomer and if he shall have it by plea or be put to Writ of Error and sue Scire Facias against the Mesn Lord ' doubtful by some he shall not avoid it by plea for the disadv ' of the Lords alii he may have Scire Facias on this plea and if he should bring a Writ of Error it must be by the same Name in the Record which will be an Estoppel M. 22 E. 4. pl. 22. If a Supersedeas be sued though not delivered to the Sheriff before the 5. Exit ' the Outlawry shall be reversed and so if delivered to the Sheriff who certifies the Coroner so and yet because he appears not for him they Outlaw him shall be reversed for the Supersedeas is of Record 4 E. 4 42. a. b. Mo. pl. 199. The King makes a Lease to a person Outlawed for the Render ' of Rent makes him capable as a Farmer then he is Outlawed again then comes a General Pardon and it seems that restores him by the word Damus in it against the Forfeit on the last Outlawry and ibidem the King makes a Lease to Commence from the Forfeiture End or Determination of a former Term the 1. Lesse is Outlawry yet the 2. Term shall not begin Mo. pl. 378. One recovers in Quare Impedit and before Execution is Outlawed the King shall have