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.
B. An assumpsit may be made in the absence of another if he will agree to it afterward 27 Hen. 8. 24. Generall Bar. 1. Concord pleaded Lib. intra 6. C. sect 6. 2. Non assumpsit and this a man may plead alhough there is no consideration Pasch 26 Eliz. Ban. Regis But if the former where upon an entire sum upon 2 assumpsits then no bar Trin. 14. Jac. Ban. Regis Paine and Selley A good Bar that he promised upon Condition which is not performed Lib. Intra 5. D. sect 1. Non emisset the Land of him a good bar Lib. Intra 6. B. sect 5. That the plaintiff discharged him of the bargain a good bar Lib. Intra 685. C. sect 1. Against him that sells land to me and promises to make an estate and doeth it not 3 Hen. 7. 14. 14 Hen. 8. 15. 21 Hen. 7. 41. 2 Hen. 7. 11. 12. 20 Hen. 7. 9. 22 Hen. 6. 44. 20 Hen. 6. 34. Lib. Intra 5. D. sect 1. and 685. B. sect 1. the writ Lib. intra 6. A. sect 2. 2. Against him that sells land to me and promises to give me seisin of it and does not Regist 112. A. 3. A. promises to convey land to such a person as B. shall name and shewes that he conveyed it to B. this is good for it shall be intended one nomination in so much that he did accept of it Mich. 13. Jac. com Ban. Huligo and Wilde 4. Against him that first sells land to me and afterward sells it to another Lib. intr 685. B. sect 1. Nat. br 98. F. 20 Hen. 6. 34 5. The same Law is if he grant a Rent and afterwards infeoffe me 20 Hen. 6. 34. Against one that promises to scoure his ditch and doeth not by which my land is drowned 3 Hen. 6. 36. Against an Alien that brought Salt to Landon and promises to the Major to pay so much as shall be due for Granage 18 Eliz. Dyer 352. pl. 27. Against the Lessor that promises that the Lessee shall enjoy pacifice et quiete and is expulsed by a trespassor 16 Eliz. Dyer 328. pl. 8. 1. Against him that promises to amend his house 19 Hen. 6. 49. 2. For not building a house according to his promise 2 Hen. 6. 55. 21 Hen. 7. 41. 20 Hen. 7. 9. 14 Hen. 6. 18. Nat. br 145. G. 3. Against him that promises to cover a house and doeth it not 3 Hen. 6. 36. 14 Hen. 6. 18. 4. A. Leases a house to B. at will and in consideration that he will permit him to enjoy it till such a day he promiseth to keep A. harmless from all damage ratione inhabitationis et occupationis messuagii praedicti and for every farthing hurt he will satisfie 2 d. upon request the servant of B. suffers the house to be burnt 1. the assumpsit extends to negligent waste because it is a damage to the lessor 2 the plaintiff ought to shew how many farthings he is damaged or else he cannot recover 2 d. for every farthing 3 he ought to request so many farthings due to him and to demand 2 d. for every one in a grosse sum 4 the promise to the tenant at will 5 he needs not to averre that he did there inhabit at the time c. for if he occupied it it is sufficient 6 by the assumpsit that B. should have it untill c. And it being a Lease for years ergo the action lyes not Mich. 9 Jac. Ban. Regis Coventry Woody Against him that promises to purchase land for me and doeth not do it he is not excused though B. will not sell it 11 Hen. 6. 18. 3 Hen. 7. 14. But if he be retained and do his endeavour he is excused 16 Hen. 6. action upon the case 44. Against him that promises to make B. to release me and doeth not 14. Hen. 6. 18. pl. 58. For not doing of a thing which ought to be done by the agreement of the parties touching Chattells 1. Against him that puts in Chattels without paying for the Agistment Nat. br 86. B. Regist orig 92. A. the writ there Against him that promises to pay 10 l. for 4 years and fails of the first payment Action lyes presently Coke 3. part 22. A. Walkers case 3. Marie Dyer 113. pl. 54. Against him that promises to cut trees and Carry them to my house Regist 109. B. Against him that promises an agreement and doeth it not Coke 5. part 77. B. Sammons case No. Lib. intra 3. B. sect 4. A. grants his terme to B. if C. agree B. promises 20 l. to C. for his assent this is a good assumpsit Trin. 12. Jac. com ban in the case Greisly and Louther 1. Against one that promises to redeliver money and doeth not Lib. intra 10. sect 1. 2. Against a Baylee that takes upon him to keep Cattle safe and doeth not Lib. intra 9. A. sect 1. fol. 3. B. sect 1. 3. But if he promise to guard the goods and after refuses no action lyes Doct. et Student 102. B. 1. Against a Carrier that undertakes to carrie goods safe ann doeth not 2 Hen. 7. 11. Lib. intra 2. D. sect 1. 2. Against him that promises to Carry wine and breaks the Pipe by negligence Regist 110. A. So if Oyle be carried Regist orig 112. A. Against him that promises 10 l. for the Curing a poor man Doct. et Student 104. A. For upon every promise if the party be charged with it an action lyes although the other have no benefit Doct. et Student 104. A. Against him who promises to make a Coach and doeth not Nat. br 94. A. But the plaintiff ought to Count that he did give money for the doing otherwaies it is but Nudum pactum unde non oritur actio 3 Hen. 6. 36. pl. 33. A. promises if B. will assist him in the gathering of the Tythes of Cheese and Apples and other Tythes till such a time he should have 20 s and shews that he did assist him so long in the gathering the said Tythes and good for non constat that there are other Tythes if there be they ought to be shewed by the other party Mich. 7. Jac. Ban. Regis Baker et Secker Against him that takes upon him to repair my Dove-house and doeth it ill Regist orig 110. B. Against him that promises to make a Crosse and doeth not Regst 109. B. A. promises to deliver a deed upon request the request ought to be shewed precisely otherways if it be of a thing due before or upon sale for in the forner case the request is traversable but not in the latter Pasc 28 Eliz. Com. Ban. Against him that promises to pay me as much as the other ought if I will discharge him of the prisoner 27 Hen. 8. 24. 1. Against a smith that takes upon him to shooe my horse and
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
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.
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
and then commit him to prison he shall have this writ Nat. br 129. F. 4 Hen. 6. 18. A. pl. 3. Regist orig 137. B. But if Auditors be assigned by the Court which do not make allowance yet they shall not have this Writ but may complain to the Court and they shall order them Nat. br 129. F. 3 Edw. 3. 56. pl. 30. If one be sued in London and the Court assigne Auditors and make not allowance c. they shall have this Writ Nat. br 129. F. but note Regist origin 137. contra The Writ shall be returnable before the Treasurer and Barons in the Exchequer at a certain day and a scire facias in the Writ to warn the Plaintiff in the Account and also the Defendant to be there Nat. br 129. G. H. Regist orig 137. Note that account lyeth in one Writ against a Bayly and Receiver Nat. br 116. P. 21 Hen. 6. 21. pl. 42. 9 Edw. 3. 356. pl. 38. pl. 40. 14 Hen. 4. 20. pl. 25. vide the Writ Nat. 117. C. Regist orig 135. Vide the Count Lib. Intra 17. B. Sect. 1. And for all the other parts they are in the same manner as is described before in Bayly and Receiver Action upon the Case Action upon the case is either by 1. Doing of wrong to another 1. Inheritance Real 2. Chattels Personal 3. Body  4. Name  5. Suits in Law  2. Not doing of a thing ought to be done by Law to the wrong of Inheritance Real Chattels personal Corps Suits in Law Assumpsit touching Inheritance Real Chattels personal Body Suits in Law 3. Misdoing   4. Negligence   5. Deceit in bargains With warranty Without warranty 6. Trover and Conversion in Deed Law as to persons discontinued  Wasting  Denyal to redeliver In what Court it lyeth IN Ban. Regis In Com. Ban. It lyeth not in the Marshalsey Coke 10. part 72. A. 76. A. Marshalsey For doing of wrong to the dammage of another touching a thing hereditary who shall have it Baron and feme joyn upon an assumpsit to the wife dum sola fuit and good Hill 9 Jac. Ban. Regis Wolverton his wife against Day Baron and feme joyn in Trover and coversion upon a deed for an annuity granted to the wife for if he survive he shall have it Trin. 40. Eliz. Com. Ban. Russel and Catesby Husband had an action sole upon the assumpsit of the wife and counted of the assumpsit to him 27 Hen. 8. 24 25. Commoner shall have it for feeding his common though he be but a Coppy-holder Coke 9. part 112. B. Mays case But then it shall be such feeding by which he looseth his Common or else cannot have it in that beneficial manner as he ought Coke 9. part 231. A. Maryes case Executor shall have it for putting him out of his Terme by the Lessor Nat. br 92. G. Regist 97. Coke 4. part 95. A. Slades case For money for grain sold Lib. Intra 4. B. Sect. 2. the Court there Upon an assumpsit to the Testator to marry or pay 20 l. Lib. Intr. 10. B. Sect. 5. Upon an assumpsit to save the Testator harmlesse of an obligation Lib. Intra 12. B. Sect. 2. If a Nusance be made and Feoffment is made if this continue as a new Nusance the Feoffee shall have an action Coke 5. part 101. A. Penruddocks case The heir shall have an action for Nusance made in the time of his Father if it be continued c. Coke 5. part 101. A. Penruddocks case Two cannot joyn for calling them false knave and thief 28 Hen. 8. Dyer 19. pl. 112. Two cannot sue in the Admiralty where one ought to have Action 5 Mariae Dyer 157. pl. 39. Lessor shall have it against Tenant at will for voluntary waste Littleton 15. A. 14. Hen. 8. 12. Brown Coke 5. part 13. B. Salops case 48 Edw. 3. 25. Dyer 121. pl. 17. 11 Hen. 6. 38. But not for negligent or permissive waste Coke 5. Part. 13. B. Salops case Tenant in common shall have it against the other for breaking a Gutter between their houses 2 Hen. 5. 3. pl. 12. For making a Limepit in his Land which they have in common by which the water surrounds his house 13 Hen. 7. 26. Tennants in Common joyne in an action for Nusance upon their Land Committed because this concerns their profit Mich. 7. Jac. Ban. Regis Stone against Dromage For Takeing of a Meer-stone 1 Hen. 5. 1. Lib. Intra 9. C. sect 1. 2 Against whome this lyeth It lyes against an administrator upon an assumpsit of the Testator Lib. Intra 4. C. sect 3. Which Cuts trees without Cause 18 Edw. 4. 27. Against a Baylie of a Baylie of goods 12 Edw. 4. 13. It lyes against Baron et feme for not repairing seabanks upon the land of his wife 7 Hen. 4. 31. Trover and Conversion lyes against Baron and feme for the Conversion is a disloyall act which his wife may doe Mich. 7. Jac. Ban. Regist Drapers case Trover and Conversion lyeth not against a Carrier for delivery to his servant but an Action upon the case Pasc 9. Jac. Ban. Regis Wornhall et Bradshaw A Counsellor is retained to purchase land and discloses the Counsel by which c. 11 Hen. 6. 18. Upon an assumpsit to pay a bebt No. Lib. Intra 1. B. sect 1 Coke 9. parte 86. B. Pinchons case 1. Coke 9. part 94. A. Banes case Churchwardens for not repairing a Gutter which is a Nusance to my house Lib. Intra 10. D. sect 1. I make an assumpsit Action lyes not against 2 only but if the plantiff shews that the others are dead then good and sufficient to shew that at the request of them that are alive and that the others are now dead Trin. 7. Jac. Ban. Regis Brereton and his wife against King Milner Against a Master upon sale and warranty of the servant 11 Edw. 4. 6. Against Tennant at will for voluntary wast Littleton 15. A. 14 Hen. 8. 12. Brown Coke 5. parte 13. Salops case Dyer 121. pl. 17. But not for permissive or negligent wast Coke 5. parte 13. B. Salops Case Tennant per elegit which holds over and cuts the trees after money tendered to him 21 Edw. 3. 16. Against a Tennant in common by his Companion for breaking his gutter between their houses 2 Hen. 5. plea 12. For making a lime-pit by which his house is damnified 13. Hen. 7. 26. A. having an ancient light B. erects a house which stops it and leases it to C. yet an Action lyes not against C. because the Leassee had done no wronge and he could not pull it down Trin. 13. Jacobi Ban. Regis Bolds Case When a man prescribs in an I le and the vicar will not suffer him to make a sepulchre No.
Lib Intra 8. b. sect 7. Upon a false returne Lib. Intra 11. A. sect 1. Upon returning nichil where he had sufficient Lib. Intra 11. C. sect 2. For what things this action Lyes Against a Tennant by elegit that holds the lands after his money tendered him and Cuts the trees 21 Edw. 3. 16. So if tennant at will Cuts the trees Littleton 15. A. Coke 8. part 13. B. Salops case 48 Edw. 3. 25. If a Bayly cuts trees without cause 18 Edw. 4. 27. For disturbing of men to come to my chappell with offerings 19 Rich. 2. action upon the case 52. Against the owner of the land in which I have a way and he streightens it 33 Hen. 6. 26. For trenching of it Lib. intra 616. C. sect 1. For any manner of disturbance in my passage or part of my way so that I cannot pass so commodiously as I did before 14 Hen. 8. 31. 21 Hen. 7. 35. 22. Hen. 6. 15. 10 Hen. 7. 21. If the whole way be stopped by one that is not owner of the soil it Lyes 22 Hen. 5. 33 Hen. 6. 26. 10 Hen. 7. 21. So if tertennant and others stop it 34 Hen. 6. 4. tamen quaere For against tertennant that stops all the way an assize of Nusance doeth lye and not this Action 22 Hen. 6. 14. 3 Eliz. Dyer 250. pl. 88. 19 Hen. 6. 29. pl. 49. Paston 2 Hen. 4. 11. pl. 48. No. Lib. intra 12. 6. sect 10. But if I have it but for years Case lyes 33 Hen. 6. 26. Nat. br 176. et 184. L. eodem If A. stops my way and leases the land to B. it lyes against B. if he do not open it but if A. build a house and leases it to B. there B. cannot pull it down for my way for this is waste in B. Trin. 13. Jac. Regis Bolds case and Rutlandshiers case But the 11 Hen. 4. Action upon the case lyes for stopping of a way in grosse only and an assize of nusance for a way appendant 21 Edw. 3. 2. 6. 34 Hen. 6. 4. pl. 11. But for stoping of a way in my own land trespasse vi et armis lyes and not this Action 31 Edw. 3. Action upon the case 38. 13 Hen. 7. 26. But for stoping of a high way the defendant shall be punnished in the Leete and not by this Action unlesse the party had a speciall losse 27 Hen. 8. 26. 5 Edw. 4 2. b. 7 Hen. 4. 8. 33 Hen. 6. 26. Coke 5. part 73. A. Williams case 21 Hen. 7. 35. Coke 9. part 113. Mayrs case 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. cáse 14. 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. et 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 If one hath the trade of a Bakehouse by 1. For disturbing my Bayly to distrain for an amercement 18 Hen. 6. 9. pl. 20. 2. For disturbing me to distrain or to attach Nat. br 102. F. 3. For distraining more sutors to come to my Leete Nat. br 94. G. Coke 4. 94. B. Regist orig 103. B. 4. For distraining Parsons or Vicars in their spiritual possessions Nat. br 94. E. and the Writ is contra legem consuetudinem regni nostri contra formam articulorum contra pacem nostram ibidem 1. Against him that set up a Fair or Market against my Fair or Market 22 Hen 6. 14. 11 Hen. 4. 74. But 41 Edw. 3. 24. per Belknap Quod permittat lyes and not this Action 2. For disturbing Customers to come to the Market 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45. Nat. br 91. G. 2 Edw. 3. 32. pl. 9. 3. For disturbing me to hold a Fair or Market 16 Edw. 2. Action sur case 47. And the Writ that it held three dayes and the Count two dayes and two half dayes and good 4. For disturbing me to take Toll in a Fair or Market 9 Hen. 6. 45. 21. Hen. 7. 16. quaere 5. For selling in another place out of the Fair Regist Orig. 107. A. B. 1. When the Tenant burns the Deed to him delivered in remainder 9 Edw. 4. 53. 2. When a Deed is lost 34 Hen. 6. 4. 3. When the Seal is broken off 39 Hen. 6. 46. Lib. Intra 7. b. Sect. 1. 3. 4. For deeds sold with the Land and not delivered upon request Lib. Intra 5. A. Sect. 2. 5. For forging a statute Staple or Merchant Nat. br 96. B 17 Edw. 3. 49. Reg. orig 115. A. B. 6. For forging of a Release by which I lose my Ward 39 Edw. 3. 13. 1. For returning me summoned and Judgement given by default where I never was but this was after the death of the Summoners 8 Hen. 6. 1. 6 Edw. 4. 3. 8. 26 Assize 48. 2. For returning a Nichil where I had lands Nat. br 93. B. 31 Edw. 3. Processe 55. 1. For setting up a Ferry to the Nusance of my Ferry 22. Hen. 6. 14. 2. For threatning by which I lose the profits of my Ferry 22 Hen 6. 17. pl. 32. For disturbing my Foldage No. Lib. Intra 14. D. Sect. 12. For disturbing one to have certain walks in the Forrest of Selwood Coke 5. part 76. the Countesse of Pembrokes case For erecting a Warren or Dove-house Action lyes not although it be to the Nusance of another Coke 5. part 104. B. Boulstons case For executing Processe in my Liberty Nat. br 95. B. Regist orig 103. 104. 5 Edw. 3. 150. pl. 20. 1. For hindring my light by making a woodpyle Coke 9. part 57. B. Alreds case Le count there and 58. No. Lib. intra 19. B. sect 16. 7 Edw. 3. 261. pl. 15. 2. For infecting the Ayr of my parlour with an hogskin Coke ibidem 3. With a Dyehouse Coke
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
5. 5. Against a Comissary that returns a Jure patronatus otherways then it is found 22 Hen. 6. 30. 6. Upon a devastavit returned falsely Lib. Intra 11. A. sect 11 Hen 6. 37. B. 7. For returning a man summoned where he was not 26. Assize 48. 1 Hen. 6. pl. 4. or where he was not summoned by a reasonable time 39 Edw. 3. 7. 8. The same Law Upon Garnishment 2 Edw. 3. cap. 14. Regist orig 112. B. 9. For returning non est inventus where the party was sufficient and ought to be summoned 31 Edw. 3. proces 55. Nat. br 39. B. 10. For returning a cepi Corpus and had not the body at the day the plaintiff shall not have an action upon the case but shall sue him upon an account 7 Hen. 4. 31. proces 120. 11. For delivering a distres and returnes not the writ 21 Edw. 3. 43. Against a deputy of a shrieve 20 Hen. 6. deceipt 11. 12. For returning a nihil where had sufficient Lib. intra 11. C. sect 2. Nat. br 39. B. 13. Against an escheator that Certifies an office otherways then it is found or that certifies one where there is none found 21 Edw. 23. 9 Hen. 6. 60. Regist orig 115. B. 14. By the new shreive against the old shreive for returning one sufficient which is not by which the plaintiff is charged in Issues 19 Hen. 6. 38. B. Paston 15. Against a Shreive that makes a precept to one that is not Bayly of a Franchize 38. Assize 13. 16. The Shrieve returnes not a cepi Corpus sed languidus when he was in good health he shall have a false prisonment 11 Hen. 6. 42. pl. 39. 2 Hen. 6. 5. A. And the other an action upon the case 21 Hen. 6. 5. A. 17. False Judgment the Shreive returns that there is no such things c. if it be false Action lyes 10. Edw. 3. 389. pl. 35. 18. For the Shreive shall not be amerced 44 Edw. 3. 3. pl. 11. 19. If the Shreive make a false returne upon an enquest the party hath no remedie Coke 5. part 32. B. Pettisors case 20. For not returning a writ delivered by bill Westm 2. cap. 39. 42. Assize 12. But note 8 Edw. 3. 3. 298. pl. 26. Herle it lyes 21. It lyes against a Shrieve for a false Returne Doct. studend 134. B. 19 Hen. 6. 29. 5. 72. 22. For returning summoned where he was dead Action lyes 8. Edw. 3. 330. pl. 1. 23. Against a Summoner that returns a man summoned where he was not by which he was excommunicated Mich. 12. Jac. Ban. Regis Pole and Godfrey the Count and pleadings in the Reports For suing one upon a forged Obligation Coke 4. part 18. B. Against a Custos brevium by Bill for embezelling a Writ to him delivered 7 Hen. 4. 6. For inciting another to embezel a Writ 19 Hen. 6. 29. If my Attorney or Deputy of the Shrieve embezell a Record deceit lyes 19 Hen. 6. 30. For suing me before the Steward or Marshall where I am not of the household 3. Hen. 6. Estoppel 18. 10 Hen. 6. 13. 1. Against a Baylie of a Franchize that discontinues his plea Nat. br 93. F. the Writ there 2. Against a Bayly of a Franchize that sues after the plaint removed Nat. br 93. E. 14 Ed. 3. Action upon the case 39. 3. Against a Guardian which pleads a false plea or vouches one that is not sufficient 9 Edw. 4. Action upon the case 118. Against him that procures one to say he is A. B. the plaintiff in the Suit and confesses the thing c. Regist orig 113. B. Against him in Court Christian that proceeds after prohibition delivered Nat. br 92. E. the Writ shall say contra pacem Against him that throwes the prohibition in the durt Nat. br 92. E. Regist orig 92. the Writ shall say contra pacem Against him who gets a protection of the King for one and gives it to another of the same name 30 Hen. 6. 18. Against a Tenant in a praecipe that hath a protection to come to Westm and stayes at Gloucester 15 Edw. 4. 19. Regist orig 119. B. 20 Hen. 6. 10. Against him that gets a protection where he was not in service of the King Lib. intra 492. D. the Count 493. Sect. 2 3. Against him that purchases a Writ whereby I am sued to pay a fine without my privity Regist 112. A. Quare impedit 112. A B. 3. Against an officer in Ban. Regis which purchases a supersedeas for one that I have a Plaint against in London upon a false surmise that the Defendant is his servant 21 Edw. 4. 23. But upon surmise that he hath an action depending there it lyes not because the Court cannot have notice ibidem 4. Against an officer in Chancery which purchaseth a Supersedeas for his servant where he was not his servant retained before the time 11 Hen. 6. 8. 1. By a Goaler against Rescoussors of one in Execution Dyer 241. pl. 47. 2. A. being arrested upon a Latitat at the Suit of B. and Rescoussed by C. B. shall have an Action against C. and ought to shew that he intended to declare against A. in debt for there are no other Process in this Court Pash 7. Jac. Ban. Regis Kemps case Against him that acknowledged a Statute in my Name without my privity 112. B. Regist orig Against him that sues me on purpose to vex me 8 Edw. 13. 43. 1 Edw. 3. 20. But for causelesse Suits no action 11 Eliz. Dyer 285. for pro falsa actionis prosecutione nulla sequatur poena 2 Rich. 3. 9. pl. 22. 2. Against him that sues me for a thing arbitrated before that the day come Regist 111. A. For the not doing of a thing which ought to be done by the Law touching a thing hereditary to the damage of another A Coppie-holder by Custom may nominate him which shall succeed him and name one and pray to be admitted and offer reasonable fine to the Lord which refuseth the Coppie-holder shall not have an action of the Case against the Lord because before admittance he had no right Pash 13 Jac. Ban. Regis Forde and Hoskins A Bedle of a Hundred brought his action against many and prescribes to have three gallons of the best beer of every Brewer for 7d. and good 1. he need not shew what estate 2. it is good against many because all in common are accessory 19 Rich. 2. Action upon the Case 51. Against him which ought to enclose and doth not by which my grasse is consumed 11 Rich. 2. Action on the case 36. But if it be between two houses a Curiae claudenda lyes ibidem A. sold land to B. and he will not enfeoffe him Action lyes 22 Hen. 6. 44. Newton Against an Archdeacon which refuseth to induct 26 Hen. 8. 3. Nat. br 47. because here the Archdeacon is
in place of the Shrieve Mich. 12 Jac. Ban. Regis Poole and Godfrey But in this case by Dodderidge Coke it lyes not against the Ordinary for not instituting a Clerk because this is meerly spiritual in the case above specified A. hath a nomination and B. the presentation A. names B. and will not present yet an Action lyes not by the Court Pasch 13 Jac. Ban. Regis in the case of Forde and Hoskins Against one that ought to finde a Priest and will not 21 Hen. 7. 5. 22 Hen. 6. 46. Lib. intra 2. D. Sect. 5. But if he shall be found by the Lord and his Tenants of his Mannor no such Action lyes Coke 4. part A. Williams but it shall be in the Court Christian 1. Against a Lessor that refuses to repair his house Dyer 36. pl. 37. 2. Against him that ought to repair a bridge by which I have a way to my Mannor 11 Hen. 4. 82. 45 Edw. 3. 17. 3. But if a High-way be not repaired by which my horse is mired I shall have an Action by Heiden 5 Edw. 4. 3. 4. Against him which ought to repair a mound or bank by which my land is drowned 29 Edw. 3. 32. 12 Hen. 4. 7. Nat. br 93. G. 7 Hen. 4. 31. pl. 13. 5. So of the banks of a River Nat. br 93. G. 15 Edw. 4. 18. 45 Edw. 3. 17. 7 Hen. 4. 8. 31. 11 Hen. 4. 82. 83. 33 Hen. 6. 26. 29 Edw. 3. 32. pl. 49. But if they be broke by tempest no action lyes 29 Edw. 3. 32. pl. 49. 6. For not scouring the Ditches 11 Rich. 2. Action upon the case 36. Nat. br 93. G. 7. For not repayring of a Gutter Lib. Intra 10. D. sect 1. For not repayring a house that is ready to fall upon my house Crook 22 Hen. 7. 98. pl. 4. per Fineux et Brudnell Against him that is retayned to purchase Lands and doeth not 11 Hen. 6. 18. But if he doeth his endeavour it sufficeth But if he be a Counsell with the other party Action lyes 11 Hen. 6. 18. pl. 10. Babinton 55. pl. 26. Against a Lord in Antient demeasne which will not hold his Court 11 Edw. 2. action upon the Case 46. 1. Against a Miller that refuseth to grind toll-free for one that is toll free 43 Edw. 4. 24. Crooke 130. pl. 100 l. per Keble 2. Against him that bought or sold in my market or fair without paying Toll 7 Hen. 4. 44. pl. 11. 3. But if one pass over my passage or port where I have toll quaere what remedy 21 Hen. 7. 16. pl. 25. For not doing of a thing which ought to be done by the law to the damage of another concerning Cattells A. borrowed a horse of B. which dyed suddainly without his default Action lyes not 40 Edw. 3. 36. It lyes not against an Attorney that will not do his office unless he be retained 20 Hen. 7. 9. Against a Bayly that hath money to bayl my Attorney and doeth it not 20 Hen. 6. 9. B. Against my servant because he pays not money for Bayling and saving harmless 20 Hen. 6. 9. S. being a Dutchman his parents being subjects to the King brought an action against a Customer for not putting Cocket upon his Marchandize and tenders the Customes Coke chief Justice said that insomuch that the dutchmen here assembling and not of our Congregation nor free of any Company of Marchants that the action lyes not Pasc 14. Jac. Stephens his case 1. Against a Smith that refuseth to shooe my horse 14 Hen. 6. 18. Crooke 18 Hen. 7. 50. pl. 4. 2. But then he ought to have all necessaries and his wages tendered 2 Hen. 6. 55. 3. Against a Farrier that applyes medicine and cures not my horse But if no default be in him it lyes not 19 Hen. 6. 49. 43 Edw. 3. 33. 48 Edw. 3. 6. Against an Innkeeper that will not lodge me 39 Hen. 6. 18. Crooke 18 Hen. 7. 50. pl. 4. 14 Hen. 7. 22. B. Higham 1. Against him that will not deliver Pledge upon tender of Money borrowed Nat. br 86. C. Regist 91. B. Lib. intra 8. B. sect 1. Against a servant that will not do his service 2 Hen. 7. 11. B. For his wages is Certain by the statute and he hath his action to recover it 3 Hen. 6. 36. B. 3. Against one that will not serve not having land Regist orig 101. A. and B. 4. Against one that will not serve in summer Regist orig 101. B. For the not doing of a thing which ought to be done by the Law to the damage of another touching his body Against an Innkeeper that refuseth to Lodge me 36 Hen. 6. 18. A good bar that his house was full and had no room 5 Mariae Dyer 158. pl. 32. Against a surgeon that takes upon him a Cure and neglects it 48 Edw. 3. 6. Against a Victualler that refuseth to sell to me 39 Hen. 6. 18. For not doing of a thing which ought to be done by the Law to the damage of another touching Sutes in Law 1. It lyes against an Attorney that is retained and makes default Lib. intr 2. A. sect 1. Regist orig 113. A. Against a Clark of Assize that takes a fee and enters not the Jury 34. Hen. 6. 4. Against a Feofee to use which doeth not plead according to the directions of the feofor 14 Hen 8. 24. B. pl. 2. Against a Lord of a Mannor that will not hold his Court 11 Edw. 2. Action upon the case 46. 1. Against a Shreive that will not execute proces 14 Heu 7. 23. the party being shewed to him 8 Edw. 4. 14. 17. 2. For the plaintiff against a shrieve that will not returne his writ 2 Hen. 6 5. 8 Edw. 4. 14. 7. 3. Against a Shrieve that will not returne an outlary 42. Assize 12. 4. For delivering a distres upon a second deliverance and not returning the writ 2 Edw 3. 43. Assumpsit For the not doing of a thing which ought to be done by the agreement of the partie to the damage of another touching things heriditary ASsumpsit is either by word Indented or deed Poll. If it be by Covenant it lyes and need not any Consideration 2 Hen. 7. 11. 21 Hen. 6. 55. If it be by word then it ought to be upon a consideration otherwaies it is but Nudum pactum unde non oritur actio A Consideration is one cause or occasion meritorious requiring mutuall recompence in deed or in Law 16 Eliz. Dyer 336. B. pl. 34. The consideration is either expressed or implyed in every contract there is an Assumpsit implyed Coke 4. part 94. Slades case If it be expressed it ought to be shewed in the Court 3 Hen. 6. 36. 11 Hen. 4. 33. Consideration of a thing past is not good Doct. and Stud. 104.
and dyes no action lyes quia mors omnia solvit 48 Edw. 3. 2. B. pl. 4. Finchden Hill 33 Eliz. ban Regis Wilson Mapes A parson leases his Rectory and covenants to save harmlesse the Lesse concerning the lands and profits for one year against Blunt Blunt enters within the year Covenant lyes because it is expressed against a certain person Lessee covenants that he will not assigne his Term over by which it may come to D. the Lessee assignes it to K. per curiam Covenant lyes for he hath put the power out of him Trin. 13. Jac. com ban Guines case A fine levied of rent a Writ of Covenant lies 22 Edw. 4. 2. pl. 6. The Count in Covenant 1. Personal 2. Real The Count was that per Indenturam suam testat existit that the Defendant covenanted this is good but such plea in Barre is not good Mich. 7 Jac. ban Regis Wyrdnam versus Faukner 2 Mariae 117. pl. 78. Prior and covent Lease to 2 for years with warranty per Indenture rendering rent one dyes after possession the other survives and was sole possest the prior dyes the defendant fuit electus et praefectus et tali die expulsus et ejectus the survivour and so the defendant did not hold covenant made between the late Prior and the said survivour Lib. intra 135. D. sect 2. Count upon covenants to make a new lease Com. 2. Chapmans case A. leases to B. for 6 years if C. live so long and covenants that he had power to demise it c. B. in covenant needs not count that C. was in life for if he were dead at the time of the demise then covenant lyes 2 he need not shew that he had the better right because he did pursue the words of the covenant negative Coke 9. part 60. Bradshawes case Count by the Lessor against the Lessee that covenants to pay all charges and pays not the tenths granted per parliament Lib. intra 136. C. sect 4 The Count shall be generall that he hath broken covenants between them to the damage c. the other shall say that they are performed the plaintiff may reply that they are not becuse he shall have damage for every covenant broken but upon an obligation he ought to shew in what he hath made a breach because he shall have the forfeiture for one breach 6. Hen. 4. 8. pl. 34. Tenant for life leases for years rendering Rent the lessee covenants and is expulsed by him in remainder 1 he ought to count that he was possest 2 he ought to shew the estate for life and the remainder certain 9 Eliz. Dyer 257. pl. 13. Writ in covenant 1 Personall 2 Reall Rex c. justicies A. quod teneant B. conventionem inter eos factam de quibusdam defectibus in Mannerio ipsius B. de N. existentibus sumptibus ipsius A. competenter emendand siâ—ut c. ne amplius c. Regist orig 167. A. Rex c. praecipe A. de B. quod juste c. teneat W. conventionem inter eos factam de viginti acris terrae in K. frumento et alio blado competenti seminandum et de bladis et terris praedict cresentibus metend et ad domus ipsius W. sumptibus ejusdem A. in eadem villa cariandis et nisi fecerit c. Regist orig 166. A. The writ shall be brought where the covenant was made Nat. br 146. E. 11 Rich. 2. But it is no plea to abate the writ unlesse the deed bears date in another county Nat. br 146. E. The writ for outing the Lessee shall be de dampnis et de perditis occasione c. 9 Eliz. Dyer 257. pl. 13. The writ ought to mention all the executors which did administer 47 Edw. 3. 22. pl. 20. 48 Edw. 3. 2. pl. 4. The Process in Covenant 1. Before appearance 2. After 1. By the Common Law the process was but a distresse infinite 22 Hen. 6. 13. Br. exigend 29. 48 Edw. 3. 29. pl. 15. 2. The parties appear and day given over salvis partibus c. the Defendant makes default at the day a distresse was awarded against him Lib. Intra 134. B. Sect. 1. Non fit breve de Attachiamento quia oporteat quod partes compareant personaliter in Curia Regist orig 165 A. The Barre in Covenant 1. Personal 2. Real 1. When one certain duty accrues by the Covenant at the time of doing of it Accord with satisfaction is no plea Coke 6. part 44. A. Blakes case But where no certain duty accrues until the subsequent Act or Wrong there Accord with satisfaction is a good plea Coke 6. part 44. A. Blakes case Covenant to a Parson for the enjoying his Benefice and he deserts the Cure is voyd 14 Eliz. cap. 11. Rastal Leases 244. D. 23 Eliz. Dyer 372. pl. 11. this is after the Parson is absent fourty dayes in the year and not otherwise A. covenants to gather the rents in D. and he pleads that he was interrupted by the Plaintiff a good Barre Crooke 13 Hen. 7. 34. pl. 2. Lessee covenants to surrender before the terme ends and a stranger that hath right enters upon the Lessee this is a discharge because the Lessee is disabled Hill 41. Eliz. com Ban. Andrews versus Nedham 45 Edw. 3. 48. Performance generally a good plea 6 Hen. 4. 8. pl. 34. Covenant upon a Demise by Indenture and eviction by a stranger by a greater Title it is no Barre to traverse the possssion of the Plaintiff without particular cause shewing because it is by Indenture Trin. 3 Jac. ban Regis Stile versus Hearing A. covenants to make a good estate in Coppie-hold Land to B. before Easter during the life of Cox no plea to say that it was surrendred to the Lord by his procurement if he shews not that he was admitted for nothing vests in him to whose use it is till admittance Mich. 15 Jac. ban Regis Stiles versus Smith Release is no Barre before the covenant is broken Coke 4. part 71. Hors case 5 Eliz. Dyer 217. pl. 2. Coke 1. part 99. A. Shellyes case If it be not by expresse words Coke 5. part 71 A. 35 Hen. 8. Dyer 57. pl. 24 Bramly Judgement in covenant 1. Personal 2. Real Judgement against an Executor for a Covenant broken after the death of the Testator is of the Testators goods 15 Eliz. Dyer 324. pl. 34. If a Lessee recover being outed by the Lessor he shall recover his Term Nat. br 145. M. 47 Edw. 3. 24. pl. 61. 20 Edw. 3. Judgement 177. and also Damages Nat. br 145. M. Execution in covenant 1. Personal 2. Real 1. Per Common Law 2. Per State Law By the Common Law it is but a Levari facias Lib. intra 133. D. Sect. 2. fieri facas Lib. intra 138. A. Sect. 1. But no other Coke 3 part 12. A. Harberts case This only within the year for if the
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
Church voids and the Bishop dyes the King shall have it and not the Executors Nat. br 33. Q. 9 Edw. 3. 2. Quare imped 11. And although the Bishop collate Nat. br 34. K. 11 Hen. 4. 9. A. 24 Edw. 3. 30. 44 Edw. 3. 3. But if he dye after induction although it be the same day the King shall not have it 44 Edw. 3. 3. Lapse accrues to the Bishop which dyes the King presents 25 Edw. 3. 53. pl. 20. Lapse accrues after the death of the Bishop the King presents Nat. br 34. G. So if he have judgement to have the temporalities 21 Edw. 3. 29. By Outlary in a personal action the King shall present Nat. br 34. R. 8 Rich. 2. Quare Impedit 200. 21 Hen. 6. 56. A. enfeoffes B. of a Mannor to which c. and is outlawed and presents per permission of B. the King shall present because the presentation is a chattel 5 Hen. 5. pl. 4. Upon 31 Eliz. cap. 6. The pleadings No. Lib. intra 405. C. Sect. 516. B. 531. D. Note per 25 Edw. 3. cap. 1. the King shall not present in anothers right but for the avoydance in his own time 11 Hen. 4. 7. pl. 16. Note if the King presents one that dyes before induction the King shall present again for he had it not compleat before Coke 9. part Holts case Vide Regist orig 31. B. But if the King have title hac vice and another presents A. which dyes the King hath lost his turne Coke 7. part 28. Baskerviles case No. lib. intra 489. A. Yet if one be qualified having two benefices takes another incompatible the first is void by two years the Patron presents and after induction his Clerk refuses to pay his tenths and this is certified according to the Statute of 26 Hen. 8. the Bishop being Patron collates the King shall present for this refusal is as it were a resignation which shall be intended a Collusion to take away the title of the King Mich. 29 30 Eliz. Com. Ban. Bott 2299. the King against the Bishop of Lincoln 12 Eliz. Dyer 292. pl. 70. 25 Edw. 47. the King presents to a Prebendary ratione temporalium and revokes it before instalment and yet he is inducted the King confirms it and he is made Bishop the Prebend dyes the King shall present again for the confirmation was void because he was not in ex praesentatione Regis Nat. br 38. D. the King recovers a Prebendary and gives by Letters Pattents to A. which dyes the King gives it to B. he shall have a Writ to the Justices to make execution for him Disseisee shall have a Quare Impedit before his entrie into the Mannor to which the Advowson belongs 21 Hen. 6. 9. B. 19 Hen. 6. 33. 33 Hen. 6. 33. B. Nat. br 33. Q. 24 Hen. 8. Dyer 5. pl. 6. Crooke 6 Hen. 8. 169. A. Pollard Disseisor presents Disseisee enters into the Mannor to which c. and presents he shall have a Quare Impedit if it be within six months 14 Hen. 6. 24. Fulthorp And if the Disseisor presents and the disseiseisee enters into the Mannor to which c. and infeoffes B. thereof with the Advowson the Church voyds B. shall have a Quare Impedit for by the entrie of the Disseisee he was in the possession of the Advowson 3 Hen. 4. 7. pl. 33. 14 Hen. 6. 16. pl. 52. But 33 Hen. 6. 33. Prisot to the contrary for there it is said that untill Recovery the Disseisee shall not have the Advowson Disseisor dyes seized of a Mannor to which the Advowson belongs the Disseisee shall not have a Quare Impedit 24 Hen. 8. Dyer 5. pl. 6. 33 Hen. 6. 33 B. vide 19 Hen. 6. 33. But if it void in the time of the Disseisor the Disseisee shall have it although the Disseisor died seized of the Mannor to which c. 24 Hen. 8. Dyer 5. pl. 6. Disseisor suffers usurpation Disseisee enters into the Mannor Disseisee shall have a Quare Impedit Nat. br 36. F. 14 Hen. 6. 14. 3 Hen. 4. 7. Executor of the King shall not have a Quare Impedit but the successor for this is a chattel Royal 7 Hen. 4. 25. pl. 3. 1 Edw. 3. 17. pl. 8. 5 Edw. 3. 149. pl. 15. Executor of a common person shall have a presentment to a Church which was void in the time of the Testator although the Testator were but Tenant in Tail Nat. br 33. P. V. Although the Heir be in ward to the King Nat. br 33. R. If one recover in a Quare Impedit and dye the Heir shall not have execution against the Executors 9 Hen. 6. 57. A. Rolfe At the Common Law the Infant was bound by suffering Usurpation 35. Hen. 6. 6. 31 Edw. 3. Quare Impedit 186. 10 Edw. 2. Quare Impedit 43. But at this day he is not per Westm 2. cap. 5. Unless he be a Purchaser 10 Edw. 2. Quare Impedit 43. 35 Hen. 6. 60. Nat. br 31. 34. Or that the party that usurps be remitted Nat. br 35. M. If he suffer usurpation having it by descent he is bound till full age 16 Edw. 3. 9. Quare Impedit 62. And if he suffer usurpation and at full age enfeoffe B. of the Mannor to which c. yet B. shall not be in Nat. br 34. X. But by 16 Edw. 3. Quare Impedit 67. Coke 6. part Boswels case the Infant is also bound Usurpation at the Common Law shall bind a Woman Covert 35 Hen. 6. 6. Prisot 31 Ed. 3. Quare Impedit 180. 10 Edw. 2. Quare Impedit 43. Husband suffers usurpation where the Woman is the purchaser she shall not have a Quare Impedit but if she had it by descent she shall have the next turne per Westm 2. cap. 5. Nat. br 34. S. The Husband discontinues one Acre with the Advowson the Wife may not present unless after the Alienee sever the Advowson of the Acre Nat. br 32. 17 Edw. 3. 5. pl. 12. The King grants the Advowson in Fee the Church being void the grantee presents Nat. br 33. N. But this is intended when the King hath but one Title 10 Eliz. Dyer 269. pl. 19. 9 Edw. 3. 26. Stamford Prerogat 44. 16 Hen. 7. 7. 18 Edw. 3. 22. A. Pole For if he had two Titles the Grantee shall not present 13 Eliz. Dyer 300. pl. 36. 18 Eliz Dyer 300. pl. 36. Eliz. Dyer 348. pl. 12. But the 9 Edw. 3. 348. pl. 24. the orders of the Templars were dissolved the Church voids and after the Advowson c. were given to the Hospitalers per Parliament the King shall not have the presentation A common person grants the Advowson in Fee when the Church was voyd the Grantee shall not have the presentation because it is a thing in action 11 Hen. 4. 54. So of a Feofment of Land to which an Advowson is appendant 24 Eliz. Staffords case But a Feofment
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.
Original shall be removed 18 Edwrad the 3. d 24. And if it be of antient Demean the Origishall be removed 34 Assize 7. But Error upon a judgement in Ireland the Original shall not be removed 74 Assize 7. 37 Assize 15. Finchden Eror lyes not upon a Fine or Common recovery for false Latine rasure interlyning misentry of the warrant of Attorney proclamation mis-returned or not return of the Shrieve or default of form in words 23 Eliz. cap. 3. And by the 27 Eliz. cap. 9. this extends to Fines in Wales and Recoveries But before the Kings Silver be entred it is Error No. Lib. intra 231. A. sect 2. A Writ of Covenant returned before the Teste this shall be amended Coke 5. part 45. B. Gages case The Caption before the Teste of the Dedimus no error No. Lib. intra 255. C. sect 11. Pasc 1. Jacobi Regis Rot. 426. Countess of Bedford against Foster 1. Error assigned because the Writ of Covenant was of 8 Messuages and 2 Tofts the Fine certified is of 8 Messuages 2 Messuages but non allocatur because the Record hath relation to the Writ of Covenant 2. Error assigned because the indorsement was Executio istius brevis patet in quadam panella c. where it should be in quadam scedula sed non allocatur because in substance it is the same Mich. 30 Eliz. Ban. Regis Austein Steede versus Conaway Webbe a Fine was levyed of two Tenements and void because a precipe lyes not of it this case is entred Hill 30 Eliz. Rot. 165. Infancy good Error in a Fine Nat. br 21. D. 3 Hen. 6. 16. B. 2 Rich. 3. 1. 17 Edw. 3. 53. pl. 33. 27 Assise pl. 53. But if he come to full age it is not for then he is not in the same condition as he was when he levyed the Fine 17 Edw. 3. 53. pl. 33. Greene 17. Assize pl. 17. And although the other eject the protection yet if the Infant be inspected when he comes to full age he shall have the benefit of his nonage 22 Edw. 3. 6. pl. 24. 21 Assize pl. 10. Feme Covert as Feme sole levyes a Fine this shall bind all but the Husband Coke 7. part 8. Bedfords case 17 Edw. 3. 52. 78. 7 Hen. 4. 23. But if the Husband enters and dyes the Fine is void without more Coke 7. part 8. Bedfords case 7 Hen. 4. 2. 23. But if living the former Husband and she take a second and they levy a Fine this is utterly void because the second mariage is so 7 Hen. 4. 24. B. Gascoign 9 Hen. 6. 34. B. pl 3. Note when a thing is a mendible before the Writ of Error brought it is amendible as well after and this by a Superiour Court as well as an Inferiour Coke 8. part 162. A. Blackamores case Note that those things that are not amendible are Errors at this day When Judgement is given but not upon verdict of 12. upon Issue joyned there are seven Errors not amendible Coke 8. part 162. A. Blackamores case Fault of the Original No. Lib. intra 246. D. Misprison of the form of the Original false Latine or variance from the Register Material variance between the Original and the Count as C. W. in the Writ and W. W. in the Count Coke 5. part 37. Bishops case Jeofayl fault of Collour insufficient pleading or some default of the person or of his Counsell Error or misprision of the Judges in another Term Misericordia pro Capiatur è contra Coke 8. part 59. A. 41 Eliz. Dyer 315. pl. 99. Fault of warrant of Attorney Error in pleas of the Crown and Appeals or in proceedings upon them they are not amendable for they are excepted out of the Statute of Amendments and also Error in the Exigent to make one to be outlawed Coke 8. part 162. A. Blackamores case When judgement is given upon verdict of twelve upon issue joyned there are twelve misprisions not to be remedyed Coke 8. part 163. Blackamores case Material variance between the Original and the Count Coke 5. part 37 Bishops case The Original is Barbara and the Count is Barbaria this is erroneous Mich. 9. Jac. Ban. Regis Harrison Fettiplace Waste brought in Burrum Appleby and Flackebridge and the Account is of waste made in Burrum Appleby Flackbridge Park in Langton and it is variance because there is more in the Count then in the Writ Hill 12 Jac. Com. ban Countess of Cumberlands case When the Original of the Count differs in the substance Coke 5. part 45. Husband and Wife brought debt or an Action for rent due to them where it was due to the Wife before Coverture this is ayded by the Statute and good after Verdict Trin. 9 Jac. Ban. Regis Poore versus Boule Hill 36 Eliz. Ban. Regis Rot. 610. Griffin versus Elliot Ejectione firmae fault vi armis yet this is but a form and shall not stay judgement after Verdict and then it was also said that these words are not material for it may be without them 7 Hen. 6. 4. 17 Edward 3. 1. When the Venue is mistaken The issue was that within the Mannor of Wargrave and it was of the mannor of Wafield demiseable by Copy of Court Roll c. the Venue was of the Mannor of Wargrave and good because the issue was upon the Custome within the Mannor of Wargrave Coke 11. part 18. A. Nevils case but if one Mannor was in one County and another in another then otherwayes Mich. 11. Ia◠Ban. Regis in the same case 1. Trin. 11 Iac. Ban. Regis Morton versus Orde resolved in Error 1. Infancy during Non-age shall be tryed by the Justices Coke 9. part 30. 17 Edw. 2. Account 122. 46 Ed. 3. 8. 48 Edw. 3. 11. 14 Hen. 4. 2. If it be doubtfull to the Justices the Infant and the Witnesses shall be examined 25 Edw. 3. 42. 50 Edw. 3. 5. 3. If he be of full age in Actions reals it shall be tryed where the Land lyes 21 Edw. 3. 28. 38 Edw. 3. 17. 44 Assise 10. 46 Edward 3. 7. 13 Hen. 4. 3. 19 Hen. 6. 51. 4. If it be an Action personal as Ejectione firmae it shall be tryed where the Action is brought 21 Edw 3. 7. 3 Hen. 6. 40. 34 Hen. 6. 50. and so it was adjudged When the Return is by the Shrieve where it ought to be by the Commoners or e converso When the Shrieve puts not his name to the Return of the Jury When there is no return indorsed upon the Venire facias so if the name of the Shrieve be not put to the Writ of Inquiry Dammages Mich. 9 Jac. in the Chequer Chamber Shackly versus Porter When one gives the Verdict that was not returned in the Venire facias When it appears by all the Record that the Plaintiff had no cause of Action
away his son and Heir and marrying him Nat. br 90. H. 29. Assize 35. 3 Edw. 4. 12. B. Danby 21 Hen. 6. 14. pl. 29. Nat. br 143. R. The Writ is quare filium haeredem and yet he is not heir during his life 8 Edw. 3. 2. Travers 235. For taking away his daughter and marrying her Regist orig 98. B. Heir Regist orig 99. A. Coke 3. part 38. Ratcliffs case 12 Hen. 4. 16. pl. 9. Consanguineum haeredem suum rapâ—â—â— Nat. br 143. R. 30 Edw. 3. 6. pl. 7. fol. 16. pl. 19. And needs not mention that he is within age because he shall have his marriage c. 32 Edw. 3. Gard. 32. For taking away a woman cum bonis viri upon the Statute of Westm 2. cap. 34. Nat. br 89. O. 6 Edw. 3. 208. pl. 2. 14 Hen. 6. 2. pl. 11. the Count Lib. intra 662. C. sect 1. And this lyes although they are divorced 43 Edw. 3. 23. pl. 15. 4. Assize pl. 13. Assault Battery and wounding the Count Lib. intra 668. C. sect 4. Imprisonment until fine be made 6 Edw. 3. 208. pl. 2. For threatning my servant per quod Regist orig 94. B. The Plaintiff needs not count upon the Retainer 21 Hen. 6. 31. pl. 18. 22 Hen. 6. 30. B. 43. B. 31 Hen. 6. 12. pl. 2. Assault and Battery per quod c. Regist. orig 102. A. Nat. br 91. I. The Count Lib. intra 613. B. sect 19. 674. C. Sect. 1. he ought to say by which he lost his service Cike 9. part 113. A. 18 Edw. 4. 27. pl. 24. 2 Hen. 4. 12. pl. 49. 20 Hen. 6. 1â— and there it was Quod servitium amisit and good without this word per. Battery Mayheme and imprisonment per quod c. Trespass lyes Crooke 7 Hen. 8. 80. pl. 4. If the Count be not per quod servitium amisit although that Verdict pass for the Plaintiff yet he shall never have judgement 21 Hen. 7. 71. pl. 15. Crooke For enticing my servant to depart Trespass lyes not but an action upon the case 11 Hen. 4. 3. pl. 46. For taking away his Prentice Regist orig 109. A. Per Goaler for taking away his pisoner Regist orig 104. A. 4 Edw. 4. 6. pl. 7. For taking his Captive from him Regist orig 95. A. 102. B. Vat. br 88. A. Si quis diâ—â—ringit ordine non observato facit transgressionem Bracton Lib. 4. fol. 217. A. Averia cepit abduxit Regist origin 97. B. The Count Lib. intra 628. B. Sect. 1. 670. B. Sect. 1. Note for live cattel the writ shall be cepit abduxit Nat. br 88. B. 21 Hen. 6. 39. pl. 5. 12 Hen. 8. 9. B. And the Writ for live cattel shall be Averia sâ—a or shew the thing in certain 21. Hen. 6. 39. pl. 5. And if the thing be dead or alive it is not material if the writ be pretii seu ad valentiam Nat. br 88. â— For taking away his Boar Regist orig 110. B. For taking away his Oxen Regist orig 110. B. For taking away his Mastiff Coke 7. part 18 A. 12 Hen. 8. 3. Regist orig 109. A. but he shall not say pretii or ad valentiam 12 Hen. 8. 5. A. Elliot Regist orig 109. A. For taking away his Capons the Writ was bona catalla and good 17. Edw. 3. 41. pl. 19. For taking away his Conies out of his Close the Writ shall be sâ—os Nat. br 87. A. Regist orig 93. B. 102. A. So if it be in a Park Regist 110. â— But if it be for entring in to his Waâ—râ—n and taking his Conies he shall not say sâ—oâ— for he hath them but ratione privilegii 3 Hen. 6. 55. pl. 34. Regist orig 110. A. Coke 7. part neither the value 8 Edw. 4. 5. pl. 16. Lakin The Writ was Quare Warrennam intravit cunicâ—los cepit asportavit without saying ibidem and yet good 43. Edw. 3. 13. pl. 7. If Conies go out of a Warren any may kill them in his own land and no action lyes Coke 5. part 104. 43 Edw. 3. 13. pl. 7. Deer if they be tame he shall say suas but then he ought to shew that they were tame 43 Edw. 3. 24. pl. 2. But if it be in a Park or Chafe he shall not say suâ—s because he hath them but ratione privilegii For taking away young Hawks he shall say suos because he hath a property possessorie Coke 7. part Regist orig 93. B. 96. B. 110. B. Nat. br 89. K. So if they be reclaimed For taking away a horse Regist orig 95. A. Nat. br 87. M. the Count No. Lib. intra 666. B. Sect. 15. Lib. intra 682. D. For his Sheep Regist orig 110. B. For taking his Fish this is good although the Count be of a hundred Fishes because this word Piscis est nomen Collectivum 4 Hen. 6. 11. Coke 5. part 35. 21 Hen. 6. 39. But the Count ought to shew the nature and number of the Fishes Coke 5. part 35. 31 Hen. 6. 39. De tauro suo libero Regist orig 109. A. Oves fugatas per quod morierunt Lib. intra 616. B. Sect. 1. Nat. br 89. L. Regist orig 97. A. Porcos fugatos per quod interierunt Regist orig 97. A. Nat. br 89. L. There he shall say the price because Cepit implies that he had gained a property but it is otherwise if this word be put out 1 Hen. 5. 3 4. But Regist orig 97. B. fuit Cepit abduxit without shewing the price because it may be he was seised of the Cattel Cepit in S. interfecit at W. contra pacem c. nought because Cepit implies a property and then contra pacem is not good 27 Assiz 64. Averia ad loca incognita fugata upon the Statute of Marlebridge cap. 4. Regist orig 97. A. 102. A. 30 Assize 38. Nat. br 89. N. De Com. in com ibidem imparcata upon the Statute of Marlbridge cap. 4. Westm 1. cap. 16. 1 2 Mariae cap. 12. Regist orig 97. B. 1 Eliz. Dyer 168. pl. 20. 2 Eliz. Dyer 177. pl. 32. Nat. br 89. P. And there are two causes of so doing 1. he cannot give them meat 2. they cannot be replevyed 22 Edw. 4o. 11. Note upon these cases upon the Statute the Writ shall not be general but special upon the Statute 43 Edw. 3. 30. pl. 16. The Action was of a Cow the Count Lil. intra 464. C. Pound For Marlebridge cap. 4. saith districtiones but not upon 1 2 Mariae cap. 12. for the Statute saith Cattel and upon the second branch it lyes well because it is there cattel or goods The Count was of taking in one Country 1 Eliz. Dyer 168 pl. 20. In this action the place of the taking is material because the distance of the place makes
the offence 7 Eliz. Dyer 238. pl. 33. But if Land in one County be held of a Mannor in another County the Distress belongs to the Mannor 1 Hen. 6. 3. pl. 9. 30 Edw. 3. 6. Com. 204. B. 14 Edw. 3. 275. 22 Ed. 4. 11. 6 Hen. 3. Avowry 242. Crooke 18 Hen. 7. 50. pl. 3. If the distress be put in several pounds within the same County this is out of the Statute unless they are put in several Franchises otherwise the party needs not put in several Replevins Mich. 37 38 Eliz. Partridges case per Anderson Averia districta extra foedum upon Marlebridge cap. 15. Westm 1. cap. 16. Articuli Cleri cap. 9. Regist. orig 97. B. Coke 8. part 60. B. In via Regia upon the Statute Marlbridg cap. 15. Articuli Cleri cap. 9. Regist orig 97. B. Coke 8. part 60. B. Nat. br 90. A. Note Non dicitur simul in uno brevi Regia via extra foedum Regist orig 97. B. in nota In communi strato upon Marlebridge cap. 15. Regist orig 97. B. although that it be within his fee 17 Edw. 3. 43. pl. 31. This Writ is contra pacem and not vi armis 7 Edw. 3. 1. pl. 2. Excessive distress upon the Statute of Marlbridge cap. 4. Averia districta per Ballivum non â—â—vat upon Westm 1. cap. 17. Averia Caruce upon the Statute 21 Edw. 1. Regist orig 97. B. Nat. br 90. B. 14 Eliz. Dyer 312. pl. 86. The Writ is contra pacem and not vi armis 17 Edw. 3. â— pl. 2. The Counts needs not show that the Distress should be reasonable but shall say generally contra formam Statute 14 Eliz. â—12 pl. 86. This action lyes although that agreement â—e made 4 Edw. 5. 1. pl. 2. Oves 〈…〉 upon Statue 〈◊〉 Edw. 1. Bracton fol. 217. Regist orig 97. b. Nat. br 90. B. But if 〈…〉 not other cattel on the land at the day that the Lord comes to distrain he may distrain the Sheep 29 Edw. 3. 16. pl. 48. Catalla districta quousque â—â—nem fecit Nat. br 87. C. Averia impercata per quod terrra remansit inculta Nat. br 88. J. Equo impercato mortuo sine alimento Regist orig 94. B. If they dye in a pound overâ— the party had no remedy 46 Edw. 3. 3. pl. 4. But if it be a pound close he shall have trespas 46 Edw. 3. 3. Equo percusso the Count Lib. intra 614. A. Sect. 22. Equo percussa per quod the Master is hurt Regist orig 96. B. Nat. br 89. E. Oves to â—saâ— Regist orig 96. A. Nat. br 88. Bracton Lib. 3. fol. 102. B. Si quis rem mobilem vendicaverit ex quacunque causa ablatam vel commodatain debet in Actione sua definire protium sic proponere actionem suam quia ille a quo res petitur non tenetur precise ad rem restituendum sed sub disjunctione vel ad rem vel ad pretium The Writ for dead Cattel shall be bona Catalla ad valentiam 21 Hen. 6. 39. pl. 5. But if it be but one thing it shall not be bona catalla 22 Edw. 4. 12. pl. 32. But shall name the thing it self Crooke 12 Hen. 7. 35. pl. 1. The Writ for live Chattels shall be cepit asporta vit ad valent Nat. br 88. B. 21 Hen. 6. 39. pl. 5. Wooll distrained until C. and D oblige themselves to make deliverance 43 Edw. 3. 6. pl. 18. the writ is 1. vi armis and good 2. ad dampnum 〈…〉 the value is not shewed yet good because it is not in demand Arrested quousque commodum 〈◊〉 did it c. Regist orig 102. A. 105. A. Aâ—gentum cepit asportatis Regist orig 108. B. 110. A. Nat. br 87. M. â—4 Hen. 6. 10. pl. 21. 2 Edw. â— 12â— shall not say pretii Regist orig 102. B. 108. B. For the Money comprehends the value 46. Edw. 3. 16. pl. 12. per Moubray 46 Edw. 3. 10. pl. 1. Money out of a Chest the Count Lib. intra 614. A. Sect. 1. Auri tot Flâ—renos there it shall be said pretii Regist orig 102. B. Bona capta asportata the Count Lib. intra 615. D. Sect. 3. 681. C. Sect. 3. If one puts his goods in my house and I will not deliver them trespass lyes not Mich. 40 41 Eliz. Com. Ban. Britton versus the Countess of Shrewsbury but if I remove them or seize them to my use it lyes Carbones maritinos asportat Regist orig 94. A. Nat. br 87. B. Carucam equos capt The Count Lib. intra 607. C. Sect. 1. Carucam capt ad cariand upon Westm 1. Cap. 1. Regist orig 98. A. For taking away writings in a Box Regist orig 110. B. 106. B. The Count Lib. intra 616. B. Sect. 1. For taking away Deeds Minuments and Writings Regist orig 111. A. For breaking open a Chest and taking away Deeds 36 Hen. 6. 26. pl. 26. For taking away a Chest Regist origin 110. B. For taking away Hay Regist orig 102. B. Frumentum the Writ was bona catalla and good 46 Edw. 3. 16. pl. 12. Tymber and Wood capt asport the Count Lib. intra 676. A. Sect. 7. Navem capt abduct Regist orig 95. A. 102. B. Nat. br 87. I. Navem capt ad faciend cariag upon the Statute of Westm 1. cap. 1. Regist orig 98. A. Nat. br 90. C. Scriptum obligatorium delivered in nature of an Acquittance 5 Hen. 4. 2. 1 Hen. 7. 14. 3 Edw. 3. 72. pl. 1. Testamentum abstulit asportavit Regist orig 107. B. Tunicam scilicet Coate armor 9 Edw. 4. 14. pl. 8. Five Tuns of Wine the Writ was bona catalla Wine taken and carryed away 39 Edwardâ— 18. pl. 17. Lib. intra 684. A. sect 1. The Count Lib. intra 684. A. sect 1. Vestimenta 11 Hen. 4. 31. pl. 57. Trespass Quare spinas suas Crescent cepit asportavit ad valen c. Good without shewing the loads for this is special and the value reduces it to a certain Mich. 15 Jac. Ban. Regis Jones Wilson But if it be quosdam garbas tritici it is not good for the incertainty Trin. 7 Jac. Ban. Regis Error In what Court Error shall be redressed IUdgement given in Ban Regis in Irelund error lyes in Ban. Regis in England 1â— Edw. 3. Error 72. 37 Assize pl. 7. 5 Edw. 2. Error 89. 36 Assize 5. Nat. br 22. E. Coke 7. part 18. Calvinâ— A. case But not upon a judgement given in another Court in Ireland 5 Edw. 2 Error 89. Nat. br â—2 E. Erroneous judgement in Wales shall not be redressed in Ban. Regis in England because Wales was not parcel of the Crown 27 Hen. 7. 33. pl. 32. But Crook 11 Hen. 8. 20◠〈◊〉 1◠è contra for there it is said it is parcel