Fine and the Defendant had none because there was no Rent reserved and so had for the present nothing in the Land Pasch 32 Eliz. com ban Rot. 1017. Smye versus June and others Against whom Ejectment lies Husband and wife It lies against Husband and Wife Lib. intra 253. C. sect 11. Coke 9. part 77. B. Petoyes case Com. 187. Wortleyes case Where the Husband outs one by colour of his Wifes Title It lies against a stranger that wrongfully outs one Estranger 6 Rich. 2. Ejection firm 2. 21 Edw. 4.30 pl. 25. Brian Nat. br 220. F. Coke 9. part 80. A. 32 Hen. 6.32.27 S. to gain the possession and to recover dammages for the disturbance It lies not against a Feoffee of a Lessor Feoffee because he cannot do wrong Nat. br 198. A. 21 Edw. 4.10 pl. 1. Choke 21 Edw. 4.30 32 Hen 6.32 pl. 27. 38 Edw. 3.33 pl. 44. For he comes in lawfully as to the reversion Unless the Feoffee make a Deed presently upon the outing to pass the possession to another then it lies against him Nat. br 198. A. Or if he enter upon the Lessee afterwards that the Lessee had entred upon him to regain his possession Nat. br 198. A. Lessor grants a Reversion to A the Lessee attornes Grantor A outs him the Lessee shall have an ejectione firmae Nat. br 221. A. 1 Hen. 5.3 pl. 3. For by the Attornment only the Rent and the Reversion passed and not the possession It lies against the Heir of the Lessor Heir Nat. br 198. K. if he out the Lessee in case his Ancestor had power to lease It lies against the Lessor that outs the Lessee Lessor Nat. br 220. F. 21 Edw. 4.10 pl. 1. Choke 30. pl. 25. 38 Edw 3.33 pl. 44. Coke 9. part 80. A. Nat. br 198. K. without lawful cause and he shall make title by the Lessor Lessor suffers a Recovery Recoverer the Recoverer outs the Lessee he shall have an Ejectione firmae against the Recoverer by the equity of the Statute 21 Hen. 8. cap. 15. Nat. br 220. J. 198. E. For the Recovery shall not destroy the Lease except the Lessee be party to it It lies against the Lord per Escheat Lord. which outs one Nat. br 221. I. B. 198. K. For the Lessees Title was paraâ—â—ount the Lords It lies against the Lord of a Villain which enters upon the Termor Nat. br 221. C. 198. K. that had a Lease of the Land before the Villain purchased it Tenant in common It lies against Tenant in common per his companion Littleton 73. A. vid. antea Of what things an Ejectmont lies It lies upon a Lease for Cattel Cattel because it is a personal thing 1 Hen. 6.1 Cottesmore granted for a certain time It lies of a Wood leased for years Wood. Com. 223. B. Barkleyes case the count there It lies of a Chamber Chamber Mich. 30. Eliz. Ban. Regis Brand against Cage It lies of Tithes Tithes per 32 Hen. 8. cap. 7.2 3 Mariae Dyer 116 pl. 17. the count ought to shew the nature or quality of the Tithes Coke 11. part 24. B. Harpers case vid. antea It lies of a Garden Gardon c. Barn and Tithes 9 Eliz. Dyer 258. pl. 16. together for they are all personal things But if all the Tithing consists of a modus decimandi and a Lease be made thereof an ejectione firmae lies not Coke 11. part 25. B. Harpers case For there is no possession of any thing lett but things which lie in prender It lies of a Water-course Water-course Com. 288. B. Brown Regist orig 227. B. viz. of the soil where the water runs or for the water to pass through It lies of a Hundred Hundred because it is liberum tenementum 15 Hen. 7.8 pl. 1. and so it may be lett for years It lies of a Mannor Mannor and the Writ Regist orig 227. B. Nat. br 220. G. Com. 229. A. Barkleyes case which consists in demesnes and services Q. of a reputative Mannor The Count. Lib. intra 252. A. sect 4. Count of a Demise of 300 Acres by the name of a Mannor habendum Manerium cum c. and good 13 14 Eliz. Dyer 340. pl. 5.7 for this is a good description of the thing lett It lies of a Messuage Messuage Coke 11. part 55. A. Sauls case For that is a thing certain The Count No. Lib. intra 184. A. sect 1.3.197 C. sect Lib. intra 252. B. sect 5.6 Coke 1. part A. Pelhams case It lies of a House Goods and Chattels altogether The Count lib. intra 252. B. sect 7. For they are all personal things It lies de medietate Messuagii Lib. intra 256. D. sect 14. The Count Com. 459. B. Studs case For it is certain enough what it doth mean It lies de tribus partibus duorum Messuagiorum No. Lib. intra 195. D. sect 6. It is not formal to have it of a Chappel Chappel but it shall be called a House Coke 11. part 25. B. Harpers case For the Plaint in Assize shall not be of â—o Hospital but shall say Messuage 8. Assize 29. For the Law takes no notice of Leases of such things not what is meant by them as to lay use It lies of a Mill Mill. No. Lib. intra 192. A. sect 5. But it seems he must shew what kind of Mill it is It lies of 300 Acres of Pasture Pasture the Count Lib. intra 251. D. sect 2. It lies of a Lease of pasturing of an Oxe Oxe Com. 228 B. Brown Regist 227. B. It lies of 100 Acres of Meadow Medow Lib. Intra 252. A. sect 13. It lies of a Rectory Rectory 15 Hen. 8. pl. 1. 16 Hen. 7.8 pl. 6.13 14 Eliz. Dyer 304. pl. 25. The Count Lib. intra 253. A. sect 9 10. For it seems that is certainly known Q. It lies not of a Reversion Reversion Com. 159. B. Thracies Case per Dyer For of that there can be no possession recovered It lies of 100 Acres of Land Land The Count Lib. intra 251. C. sect 1. For it shall be intended arable Land terra dicitur à terendo because broken up by the Plough But it lies not of a Close containing three Acres but shall be of so many of the Acres by name Coke 11. part 55. Savels Case to wit 3 Acres called Crowlands or the like for the word Close is uncertain For by Crooke Justice Mich. 15 Jac. Wicks Sparrow the Land of every man is enclosed and therefore an Ejectione firmae cannot lie of it for the uncertainty of the word Close But Coke 11 part 55. Savels Case was it seems that if it be of a Close containing three acres of Pasture it is good because the quantity is shewed and also the quality which makes it more certain and so it was adjudged Mich. 15. Jac. Banc. Regis Q.
5. Count. 6. The Writ 7. Process 8. Barr. 9. Judgment 10. Execution In what Court Covenant lies 1. Personal 2. Real 1. IT lies in the County or Hundred Court Nat. br 145. E. 2. It lies in any Court of the Lord of a Mannor Nat. br 145. E. 3. In London Nat. br 146. A. and other Corporations 1. Marshalsey between two of the Houshold of the King Coke 10. part 74. A. otherwise not 2. In the Court of the Lord of a Mannor by special grant 44 Edw. 3.28 pl. 18. fol. 37. pl. 30. Lib. Intr. 296. A. sect 1. 50 Assize pl. 9. A Fine levied in the County Palatine of Lancaster good 37 Hen. 8. cap. 19. which is in nature of a Covenant In Banco Regis 36 Hen. 6.34 A. Forteseue but it shall be avoided by Writ of Error Q. except it be meant of a fine In Ancient demesn quaere per 6 Edw. 3.207 pl. 20. it seems it should lie But 44 Edw. 3.37 50 Assize 9. Knivet it is not good Q. But 22 Hen. 7.90 B. pl. 14. Crooke a fine may be levied in Ancient demesn per petty Writ of Right close In Eire good 1 Edw. 3.10 pl. 34. 8 Edw. 3.27 18 Edw. 3.40 pl. 33. that is before Justices in Eire or Itinerantes In Communi Banco Before the Justices of the grand Sessions in Wales 34 Hen. 8. cap. 26. Who shall have Covenant 1. Personal 2. Real If a man Covenant with another to enfeoff him or to serve him c. the other shall have covenant although he do not agree Nat. br 145. A. But then it ought to be by deed Regist orig 165. B. Nat. br 145. A G. 7 Rich. 2. deeds 160. which is an estoppel to say the other did not agree Yet in London a man shall have covenant to levy a fine 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 Stat. Administrator de 31 Edw. 3. cap. 11. Coke 9. part 40. A. Hensloes case made for Executors But not before 19 Edw. 3. Covenant 24. Assignee shall have Covenant Assignee where it is made to one and his Assigns Nat. br 145. C. Regist orig 165. B. for the Assignee is in place of the Assignor Assignee shall have Covenant without shewing the deed of covenant Assignee for he may not have it Trin. 36 Eliz. Banco Regis Noke versus Ander But there if the Lessee for years by estoppel grant over his term the Assignee shall not have Covenant because the Assignor had nothing in the land but only an estoppel against the Lessor not to out him 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 parcel of the Mannor of B for the Lords of the said Mannor The Assignee 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. and who so hath the Mannor or is interessed in the Covenant But if the service is to be made in the Chappel of another then the Assignee shall not have covenant because it is not annexed to the Mannor 2 Hen. 46. pl. 25. And so if one covenant with a Tenant by the Courtesie to sing 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. viz. for life Q. Assignee by word shall have covenant Coke 3. part 63. A. Lincoln Colledges case for such an assignment is good Assignee of Assignee shall have covenant Coke 5. part 71. B. and so in infinitum as it seems so long as the estate assigned continues if the Covenant go with the estate Assignee of one Coparcener shall have covenant against the other coparcener to acquit him of the suit because the covenant goes with the land Coke 5. part 18. A. Spencers case 42 Edw. 3.3 Lessor covenants to repair the house lett the Assignee shall have covenant against him because this is annexed to the estate so the husband of the wife that is a Termor and a Tenant per Statute Merchant staple and every one that comes to the land Coke 5. part 17. Spencers case to which the Covenant is annexed So in all cases where it is annexed to the estate Nat. br 146. C. 48 Edw. 3. and not to the person otherwise than in relation to the Land Assignee of a reversion shall have covenant as well as the Lessor shall have it per 32 Hen. 8. cap. 34. but this is when it concerns the things demised and not collateral Covenants Coke 5. part 18. A. Spencers case for in respect of Reversion of the thing lett he comes in room of the Lessor in privity of estate Assignee of a Reversion for years when the Tenant for years hath a greater Term his Assignee shall have Covenant within 32 Hen. 8. although the Lessor grant over his Term Trin. 40 Eliz. Ban. Regis Rot. 123. Natures versus Westwood quaere Assignee shall have covenant upon covenant in Law Coke 4. part 80. B. 9 Eliz. Dyer 257. pl. 13. where it goes with the estate Lessee covenants with the Lessor and his heirs to repair the house the Assignee of the Lessor shall have covenant Mich. 9 Jac. Ban. Regis Bestwicke Wilborne for it goes with the house Husband and Wise Lease for years to the Husband and Wife the Lessor outs them they may joyn in covenant because after the death of the husband she shall have a term if he grant it not over 47 Edw. 3.12 pl. 11. and so she hath a possibility of interest The Commonalty of D Covenants with the Major and Commonalty of L Corporation that they shall be quit of Toll c. in D and after one Burgess in D takes toll of one in L Covenant lies for one Corporation against another 48 Edw. 3.17 pl. 2. It may be brought by the Major and Commonalty of one Corporation against the Major and Commonalty of the other Corporation Executor shall have Covenant for Covenant made to his Testator for a personal thing Executor for the personal estate is his to the use of the Testators will Nat. br 145. D. and orig Regist 165. B. Note de conventione pro executoribus non invenitur breve in Registr sed pro assignatis tamen potest fieri pro executoribus tam bene quam pro assignatis nam eadem est ratio de utrisque A leases to B for life for 12 years and B dies within the 12 years the Executors of B shall have it until 12 years c. B dies A outs the Executors within 12 years they shall have Covenant 19 Edw. 3. Covenant 24. Executor of an
tamen For it may be more certain It lies not of a piece of ground called Michels piece Trin. 38 Eliz. Ban. Regis Rot. 450. Palmer Humphreys for that is incertain both in the quantity and quality and other Lands may be called of the same name and so that makes no certainty in it It lies not of a virge of Land 38 Eliz. Rot. 453. Mell versus Moor for that may be incertain and may differ in respect of the place The Count Generally If it be of a Lease made by a Bishop Bishop it ought to count upon the Deed No. Lib. Intr. 186. D. Sect. 2. and set it forth because it is not an ordinary Lease whereof the Law takes notice But if it be of a Lease made by the husband and wife Husband and wife he needs not count that it was by Indenture Lib. Intra 252. C. Sect. 8. Coke 2. part 61. B. Wiscots case but it sufficeth to say that they lett and the Law will supply the rest If it be of a Lease made by a Person tunc adâ—uc seized of the Reversion Person it is good without averring of the life of the person 13 14 Eliz. Dyer 304. pl. 52. for the Lease is good whether he be alive or not If the Account be of a Lease made by three where two have nothing in it it is not good although they all joyned in the Lease for they could not all lett but contrary if he count by him only that hath right per Williams Crooke Mich. 10 Jac. Ban. Regis Longs case for he did only in truth lett though the others joyned A Lease to commence at Michaelmas next after the death of A Lease the Count ought to shew that A is dead 1 Mariae Dyer 97. pl. 46. fol. 89. 19 Eliz. Dyer 357. pl. 46. for else the Plaintiff shews no title but shews matter against himself The Plaintiff Counts that A demised to him per Indenture dated 27 Martii Demise 11 Jac. primum delibat 10. decimo Aprilis eodem anno for 21 years from Michaelmas next before and the Ejectment 12 Aprilis this is good though the year be mistaken or he may Count that by Indenture dated 27 Martii primum delibat 10 Aprilis Mich. 11 Jac. Ban. Regis Michels case which is more plain and certain The Count upon the Imparlance Roll was upon a Lease made 10. of December 10 Jac. and upon the Plea-roll it was upon a Lease made 30 Januarii 10 Jac. babendum from the 20. of Decomber before this is not good Hill 14 Jac. Milward Wats Ban. Regis for it cannot be the same Lease upon which he counted so there is no certainty in the pleading to which the Defendant may answer The Count was that J. S. was seized and so seised leased to the Plaintiff 9 Eliz. Dyer 258. pl. 16. Com. 416. A. Bracebridges case Com. 187. A. Adams case Com. 223. B. Barkleys case Com. 530. B. Howel Crosts case here is a good colour of a Title to his Lessor and to his own Lease But 14 Eliz. Dyer 340. pl. 57. he doth not count of the seisin Coke 11. part 3. B. Coke 3. part 16. A. Borastons case Coke 3. part 45. Browns case Coke 4. part 96. A. Lamberts case Com. 459. B. Studs case Com. 504. B. Snowes case but only declares upon a Lease made unto him by the Lessâ—r and it seems good enough 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 â—â—â—sus Eliot Wilkins and is there still as it was 〈◊〉 the Common Law It is Vi armis 1 Hen. 5.3 Coke 9. part 78. 1. Petoes case 21 Edw. 4. pl. 1. Choke which alâ—â—ys supposeth breach of the publick Peace But Hill 36 Eliz. Ban. Regis Rott 610. Griffin â—â—â—sus Eliot Wilkins in Error that it may be without Vi armis 7 Hen. 6.4 17 Edw. 3.1 It â—â—â—ms it was so held because the Defendant might â—â—â—er by colour of title to the Land Fuit ad terminum qui nondum praeteriit 2 Marie Dyer 116. pl. 71. but there 's not the certainty of the time for that is not material Et est pone per vad salvos pleg 21 Edw. 4.10 〈◊〉 1. 31. pl. 25. Brian that is the taking of bail It may be bonis catallis Com. 228. B. Lib. Intra 252. B. Sect. 7 8. Although Regist orig 227. B. says to the contrary Quaere ergo But it may be without it Com. 229. A. 199. A. Adams case The Process 1. before 2. after appearance The Process is Attach and Distress and Process of Outlawry Nat. br 220. H. 35 Hen. 6.6 per Wangford Moyl Com. 228. B. Coke 9. part 78 A. Peytoes case Attachment against the person Distress against the goods Outlawry against person and goods and lands The last Process in Law is the strictest and most severe The Barr. Accord with satisfaction a good barr Accord Coke 〈◊〉 part 78. A. Petoyes case because it is but in the nature of a Trespass for here is no land in question but only a possession Duress a good barr Duress Lib. Intra 253. B. sect 10. viz. that the Plaintiff gained the Lease by distess for the Law hates fraud and force and will protect no person in them Non ejecit a good barr Ejecit si bona catalla are not in the Writ 7 Edw. 6.89 pl. 111. 19 Hen. 6.56 for that is a barr only as to the Land for a man cannot be properly said to be ejected out of goods Quaere But if such words be in quaere whether it be good It is a good barr Entry that the Lessor had it but in right of his wife and he entered after the death of the Lessor in right of his wife Lib. Intra 252. D. sect 8. That he surrendred before the Action brought Surrender quod non ejecit a good barr 21 Edw. 4.10 pl. 1.30 pl. 25. Q. if there should not be a traverler it seems it needs not The Judgment The judgment shall be quod recuperet against â—â—e Defendant terminum suum praedictum venturum 〈◊〉 in c. ac dampua sua occasione c. quod â—â—â—end capiatur this supposeth a Vi armis 〈◊〉 â—liz Dyer 258. pl. 16. 7 Edw. 6. Dyer 89. pl. 109. 〈◊〉 420. A. Bracebridges case 5â—5 Snowes case 〈◊〉 Intra 253. A. sect 8.256 C. sect 13.259 C. 〈◊〉 15. No. Lib. Intr. 188. A. pl. 7. â—03 A. Sect. 8. 〈◊〉 D. Sect. 11.216 B. Sect. 13. Com. 526. A. â—â—â—nthams case But note this is when the term is not ended Note 〈◊〉 9. part 80. A. Peytoes case 4. part 104. Lamâ—â—s case Nat. br 220. H. 7 Edw. 4.6 13 Hen 7. 〈◊〉 B. Wood for if the term be ended then there 〈◊〉 to term to come to
Knights of the Parliament 11 Hen. 4.2 For the Law looks upon the Village in general and every one is liable for the whole if he be able If a man be taxed to Fifteens having Cattel levant in another Village when they come within the Parish they shall be distrained 18 Edw. 3. 11. pl. 39. For the Parish is liable with the Tax If a Horse of a Stranger escapes into the Land of him that hath lost Issues he shall be distrained as it seems 5 Hen. 7.1 Q. For it seems hard If the best Beast be estrayed the Lord may distrain any Cattel in the Land 27 Assize pl. 24. viz. where the Lord is to have the best Beast but it seems they must be levant and couchant A Goshawk distrained Goshawk and the Distress justified 16 Edw. 4. pl. 9. viz. a reclaimed Goshawk for in that one may have a property and it is valuable Fishes in a Pond cannot be distrained Fishes Crookes Reports 188. because they cannot be known what they are nor can be replevied A Hive of Bees shall be distrained as it seems Hive of Bees for a Replevin lies of them Nat. br 68. D. Q. if it be in the day-time how it can be Door or window A Door or Window is not distrainable 11 Edw. 3. Cessavit 21. 21 Hen. 7.26 14 Hen. 8.25 Brudenel For it is part of the Freehold A Milstone that is severed for picking shall not be distrained 14 Hen. 8.25 Milstone For it is part of the Mill. An Anvil shall not be distrained Anvil 14 Hen. 8.25 For it is part of the Smiths Tools he gains his Livelihood by A Barge was distrained by prescription Barge 3 Mar Dyer 117. pl. 73. and held good for that may alter the Law The Lord distrained Cattel for services before they were Levant and Couchant Lord. 4 Edw. 3.37 Issue joined 8. 22 Hen. 6.37 15 Hen. 7.17 Doct. Stud. 15 A. and well as it seems Sheep shall be distrained Sheep if other distress cannot be found at the day of the distraining 29 Edw. 3.16 else not in respect of the hindrance of clothing Cattel of the Plough shall not be distrained Plough if there be other distress sufficient 14 Eliz. Dyer 312. pl. 86. else they may for otherwise the party may be without remedy Cattel in Dower Cattel delivered by the Sheriff to the Tenant in Dower for seisin of Rent shall not be distrained for Arrerages of the Rent 40 Edw. 3.22 pl. 19. For she shall not take such advantage Yarn brought upon a Horse to a Neighbour to weigh Yarn this the Lord cannot distrain for Rent because it was brought for a special intent Mich. 39 40 Eliz. com Ban. Burleigh versus Read and it would hinder publick commerce and dealing If Cattel put into Black Acre Cattel and they stray into White Acre through default of enclosure they shall not be distrained 22 Eliz. Dyer 365. pl. 33. For the Owner is in no fault Default of Inclosure A. ought to inclose against B and leases to C for 21 years which leases to D for 10 years rendring Rent the Cattel of B for default of enclosure escape into the Lands of A. and he pursues them C cannot distrain for no default was in the owner of the Cattel 15 Eliz. Dyer 317. pl. 9. vide 39 Edw. 3.3 pl. 12. and the Law doth not punish the innocent What Person shall distrain Dammage feasant A Commoner shall distrain for dammage sesant and is not tied to shew per quod amisit Communiam No. Lib. intra 573. D. sect 4. 24 Edw. 3.42 pl. 23. Coke 9. part 112. B. 46 Edw. 3.23 15 Hen. 7.2 7 Edw. 3.266 pl. 39.13 Hen. 8.15 For the Distress there taken implies it Tenant at sufferance distrains dammages feasant 4 Hen. 7.3 and good for he hath title against a stranger He to whose use before 27 Hen. 8. could not distrain because he had nothing in the Land 15 Hen. 7.2 pl. 4. but the Feoffee of the Land but now it is otherwise Sheep bailed to a woman sole to dung her Land Sheep who takes a Husband who commands the Owner to take them again who refuseth the Husband may distrain them dammage feasant 43 Edw. 3.32 pl. 3. For now they are dammage feasant unto him in respect of his interest in the Land The Lord distrains Cattel because the Tenant puts in more than he ought into the Common Lord. 46 Edw. 3.12 pl. 13. and good for he ought not to surcharge the Common A. sold 50 Acres of Moor which lay common Common to B yet every one of them ought to inclose against the other and if the Cattel of the one go into the Land of the other they shall be distrained dammage feasant 23 Eliz. Dyer 372. pl. 10. For by the sale the Lands are severed At what time a man may distrain Services and Amerciaments For Rent-services he shall not distrain in the night 11 Hen. 7.5 pl. 8. 12 Edw 3. Distress 17. 10 Edw. 3.21 Coke 9. part 66. A. For the night is for rest and all things ought to be then in peace After the Term ended no distress 14 Hen. 4.31 For then the privity betwixt the Lessor and the Lessee is gone Q. But 22 Hen. 7.96 pl. 5. by all if a Lease for years be ended and the Lessee keeps in the Lessor shall distrain for the arrerages For that continues the privity as it seems Q. A Lease till Mich. for one year rendring rent at Mich. he cannot distrain because the Lease is ended at the instant Doct. Stud. 74. A. That is at the day and the Law admits not of Fractions of time Husband and wife Husband leases the Wifes Lands rendring Rent th Wife dies without Issue the Husband cannot distrain because the reversion goes to the Heir 9 Hen. 6.45 28 Hen. 8. Dyer 28. pl. 191. And the rent go with the Reversion A Lease for years Reversion grants the reversion to B yet if the Cattel of B comes upon the Land A shall distrain during the Term 10 Edw. 4.4 tamen quaere because he hath nothing in the Land Dammage feasant For Dammage feasant in the night one may distrain and good enough Coke 9. part 66. A. Mackally's case 11 Hen. 7.5 pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3.21 For else it might be mischievous in respect of the dammages which might be done before the morning A. enters upon a condition broken and takes the Cattel of the Lessee dammage feasant Quaere 5 Eliz. Dyer 322. It seems he may for he comes in upon a good Title A man may distrain dammage feasant although the owner make fresh suit in respect of his satisfaction for the dammage done 7 Hâ—n 7.1 pl. 11. 11 Hen. 7.4 pl. 11. 10 Hen. 7.21 Doct. Stud. 15. è contra In what place a man may distrain A man fined in a Leet being
Chase Pond Tithes Trees Incorporate Village Way Common Fishing Warren Game of Swans Toll Waife Stray Bona felonum Fair or Market Frank-foldage Returna Brevium upon the doing of wrong to Chattels Reals Son Daughter Neece Ward Woman Servant Prentice Tenants Prisoner Captive Personal Living Abducta Capta fugata Capta fugata imparcata Capta interfecta Districta Fugata Imparcata Interfecta Percussa Tonsa Dead Arrestata Capta arrestata Capta asportata Combusta Consumpta Depasta Districta Extracta Extracta aspertata Faleata asportata Fracta Impedita Submersa Succisa asportatâ— Upon the doing of wrong to the Body Menace Siege Assault Battery Wounding Imprisonment Imprisonment till they make Fine Acquittance Statute Obligation Find Pledges Release Oath Against a Goaler for putting Irons upon one Statute Law Marlebridge cap. 2. For distraining 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 In com strato Cap. 28. For a Successor of a thing taken in the time of his Predecessor Westm 1. cap. 17. Distress by a Baily not sworn 21 Edw. 1. De malefactoribus in pareis vivariu 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 Trespass In what Court Trespass lies County Court IN the County Court but then it shall not say vi armis Nat. br 85. G. neither against the peace because the Sheriff cannot determine it Regist 92. A. for that Court is not to meddle with criminal matters Note Regist orig 111. B. Trespass vi armis Note shall not be sued in any Court but the Kings or before his Justices if otherways a Supersedeas shall be awarded Coke 8. part 120. A. for he is the proper Judge of such matters as the chief conservator of the Peace In the Marshalsey Marshalsey if the party be of the Houshold Trespass lies but then it shall say vi armis for battery or carrying away of goods and no other causes Coke 10. part 72. A. which indeed are rather civil than criminal causes For it shall not be Quare clausum fregit Coke 10. part 76. A. which is of a higher nature and may concern title of Land It lies in Chancery for one priviledged there Chancery Regist orig 104. A. No. Lib. Intra 678. B. sect 20. in respect of his attendance required there And there shall be an Alias c. Regist 104. A. It lies in Com. Ban. or Ban. Regis Nat. br 86. G. for these are high Courts of Record Com. Ban. Regis Ancient Demean If Trespass be brought in the Court of the King where the reality shall come in debate Ancient Demean is a good plea because the Title ought to be tried there Coke 5. part 105. as in trespass for Trees where the Defendant claims Franktenement in the land where the Trees grew 6 Hen. 4.1 pl. 6. otherwise it is no plea 46 Edw. 3.1 pl. 2. because the Action is personal which may be any where sued In Trespass for a Pigeon-house with Pigeons it is no plea 47 Edw. 3.22 pl. 54. viz. Ancient demesn because the Action is chiefly in respect of the Pigeons So in Trespass upon the Case 5 Rich. 2. cap. 7. because dammages are only to be recovered 21 Edw. 4.3 2 Hen. 7.17 pl. 1. 47 Edw. 3.22 pl. 54. 46 Edw. 3.1 pl. 2. which are personal And note Note none may plead this but the Ter-tenant of the Land in Ancient demâ—â—n 2 Hen. 7.17 pl. 1. and that in respect of his service to be done to the Lord there Trespass in the Five Ports the Writ is Dilecto fideli suo W. Constabular Castri sui de D. Custodi quinque Portuum suor salutem Mandamus vobis quod Audita quaerela A. de quadam transgr eidem A. per B. qui est de libertate Portuum praedict illat ut dicitur auditisque hine inde earum rationibus eidem A. facias exhiberi celeris justitiae complementum prout de jure secundum legem consuetudinem portuum praedict fuerit faoiend ne clamor ad nos inde perveniat iteratus c. Who shall have Trespass Note that he that taketh only the profit of the soil of anothers Land shall not have a Trespass Quare clausum fregit 15 Hen. 7. 14 Hen. 8. because he hath no interest in the soil He that hath certain Acres of land annuatim shall have Trespass for he hath a term in those Acres of land An Administrator shall have Trespass for goods of the Intestates taken out of the possession of the Administrator Administrator Regist orig 94. A. 22 Edw. 4.120 pl. 32. the Count Lib. Intra 649. D. Sect. 1. for he hath a property in them ratione Administrationis An Administrator shall have Trespass for goods taken out of the possession of the Intestate in respect of his interest in them Nat. br 92. A. 14 Hen. 7.13 Tremaile the Count Lib. Intra 640. A. Sect. 1. An Executor shall have it Executor per the Stat. of 4 Edw. 3. cap. 6. and the Statute of 31 Edw. 3. gives the same remedy to an Administrator but this is by the equity of the Statute 4 Edw. 3. cap. 7. Crooke 24 Hen. 7.101 B. pl. 2. An Administrator shall have an Action of Trespass before the Administration committed to him Administrator but not against him that justifies under the Ordinary for he was Administrator pro tempore 18 Hen. 6.22 pl. 7. 36 Hen. 6.8 A Prisot Register Original 102. B. that is for goods taken before the Administration granted But if the Administration be committed by word to A who sells goods to B and dies and the Administration is committed to C quaere if C shall have Trespass for the goods sold It seems not for A had authority as it seems to sell An alien Friend shall have all Actions personals Alien 6 Hen. 8. Dyer pl. 8. Coke 7. part 17. A. ratione commorantiae by the Law of Nations which the Common Law maintains But an alien Enemy shall have no Action 6 Hen. 8. Dyer 2. pl. 8. Coke 7. part 17. A. 14 Hen. 8.4 for it is not reason that he that wishes ill to the Nation where he lives should have the protection of their Laws Husband and wife Husband and wife Executrix to B joyn in Trespass for taking the Goods during coverture 21 Edw. 4.5 per Littleton and good in respect of the Husbands interest in right of his wife viz. in taking her goods In a Trespass done to the wife sole who takes a Husband they shall have Trespass in both their names Nat.