before coverture they ought to joyn 21 Hen. 7. 29. But upon Baylement during the Coverture the Husband sole shall have a Detinue 8 Edw. 4. 16. The Donor shall have a Detinue for the Indenture after the death of the Donee without Issue Nat. br 138. F. An Estranger shall not have a Detinue for deeds unlesse he make title to the Land but upon request he shall have an Action upon the case 33 Hen. 6. 26. pl. 12. Prisot If one have deeds and some concerne warranty some not and enfeoffe B. with warranty B. shall not have a Detinue for the deeds which serve to deraigne the warranty per amount Coke 1. part 2. Buckehursts case 44 Edw. 3. 11. B. Neither is it materiall for to maintain the title Coke 1. part 1. Buckehursts case But they shall have them which concerne the possession only ibidem But if a Feofment be made without warranty the Feofee shall have a Detinue for all Coke 1. part 1. Buckhursts case Unlesse it be per dedi then it is expresse warranty during the life of the Feoffor per statutum de Bigamis cap. 6. Coke 1. part Buckehursts case 1. But note that in all these Cases the Feoffee shall have Detinue for them against a stranger that cannot intitle himself by the Feoffor Nat. br 138. G. Coke 1. part 2. A. 7 Edw. 4. 26. And Note if the thing which lyes in grant as a Lordship rent Advouson c. be granted to A. with warranty which grants it to B. with warranty B. shall have a Detinue for the ancient deed because he cannot make a title without the ancient deed Coke 1. part 1. B. Buckhursts case So in all other Cases the Feoffee shall have a Detinue for every deed which concernes the making of his estate good Nat. br 138. K. Note if A. Bayle deeds of Land to B. to rebayle them to him and his heirs and afterwards enfeoffe C. in Fee yet C. shall not have a Detinue against B. for it is a charge to A. per cause of Baylement Crooke 18. Hen. 7. 48. pl. 3. If one enfeoffe another with warranty the Feoffor shall have the antient deeds which contain the warranty or which are materiall for the maintainance of the title Coke 1. part 1. B. Buckehursts case If A. grant a thing that lyes in grant to B. with warranty B. shall have a Detinue for the antient deed because this makes his title Coke 1. part 1. B. A. enfeoffes B. per dedi A. shall have the antient deed which Compredends the warranty because dedi makes an expresse warranty Coke 1. part 2. B. A. makes a deed of Feoffment and delivers this upon condition if the condition be not performed he shall have a Detinue 37 Hen. 6. 37. B. The heir generall shall have the antient deeds comprehending warranty or necessary for the maintenance of the title where the Feoffor obliges him and his heirs to warranty Coke part 1. B. Buckehursts case Nat. br 138. L. Feoffment per dedi the heir of the feoffee shall not have the antient deeds because he is not bound to warranty Coke 1. part 2. B. Buckehursts case The heir of the disseisee shall have a Detinue for the deeds Nat. br 138. L. The Heir in Taile shall have a Detinue against the discontinuee for the deed of Taile Nat. br 138. H. 9 Edw. 4. 52. pl. 15. And although there be a warranty in the Feoffer by his father 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4. One Joyntenant sole delivers the deed to redeliver he alone shall have a Detinue per cause of Baylment 13 Rich. 2. br◠648. A. enfeoffs B. and C. and the heirs of B. and delivers all the deeds to B. which dyes C. shall have a Detinue for the deed of Feoffment but not for the other deeds 34 Hen. 6. 1. A. 〈◊〉 1. part 2. A. Nat. br 138. F. If A. makes a Release to B. and C. and this delivers to B. which dyes C. shall not have it ibidem But if A. and B. joyn per defeasible title and make a Release to them the survivor shall have it 34 Hen. 6. 1. per the Report Coke 1. part 2. A. Feoffment to two in Fee the survivor shall have all the deeds Coke 1. part 2. B. Buckehursts case If deeds concerne more Lands if the tertenant of any part happen upon the deed he may detain it because he hath Interrest 4 Hen. 7. 10. pl. 4. 2 Eliz. Dyer 183. pl. 57. Recusant shall not have an Action for any thing seised into the hands of the King 3. Jac. cap. 5. 22 Hen. 6. 1. A Tenant for life dyes he in the Remainder shall have Detinue for the Deed 9 Hen. 6. 54. pl. 39. But if the Donor release to the Tenant for life he in the Remainder shall not have a Detinue 9 Hen. 5. 54. pl. 39. If Tenant for life dye he in the Remainder of a Coppy-hold shall have it Coke 4. part 22. B. Land given to A. for the life of B. the remainder to C. in Fee B. dyes C. shall have a Detinue against A. without request because he had Interest in the Deed during the life of B. 33 Hen. 6. 30. B. 35 Hen. 6. 9. A. Moyle But there quaere whether it lyes against the Husband when the wife is dead without issue without request and possession Tertenant shall have a Detinue for the deeds Coke 1. part 2. A. The Lord by Escheat shall have a Detinue Coke 1. part 2. A. 10 Edw. 4. 14. 6. Moyle Against whom Detinue lyes 1. Of Chattels 2. Of Deeds Detinue lyes against an Abbot and his Commoigue for a thing delivered to his Commoigue to redeliver 3 Edw. 3. 83. pl. 32. Administrator sold a thing the Executor proves the Will he shall have a Detinue against the Vendee of the Administrator Com. 275. Foxes case Avowant returns irreplevisable the other tenders amends and upon refusal shall have a Detinue Coke 8. part 147. A. for the property is in him 10 Eliz. Dyer 280. pl. 14. Goods delivered to A. to keep and they are stole yet Detinue lyes against him Coke 4. part 83. B. Southcots case But if he take them to keep as he would keep his own and they are stole Detinue lyes not Coke 4. part 83. Goods delivered to B to deliver to C. yet C. shall have a Detinue against B. 18 Hen. 6. 9 A. Nat. br 138. A. It lyes not against Husband and wife supposing they detain 38 Edw. 3. 1. pl. 1. 13 Rich. 2. Breve 644. But of baylment to the Wife dum sola fuit and that the Husband did detain 43 Edw. 3. 18. pl. 1. Lib. Intra 219. D. Sect. 4. Carrier loseth his goods or are stole yet Detinue lyes against him Coke 4. part 84. A. 2 Hen. 7. 11. B. Townsend It lyes against an Executor but he
the Writ without shewing it this is no plea to the Writ because the Receit and not the dead is the cause of Action 1 Hen. 6. 8. 28 Hen. 8. Dyer 20. pl. 121. But the 9 Edw. 4. 50. B. per Choke contra 2 Hen. 6. 9. quaere No plea to the Writ if they do not agree with the Plaintiff concerning the manner of the Receit 4 Hen. 6. 12. pl. 4. The Process against a Receiver 1. before Appearance 2 after At the common law the Process was but a distress infinite Coke 3. part 12. A. Harberts case But per Marlebridg cap. 23. a Capias is given Coke 3. part 12. A. And by Westm 2. cap. 11. Process of Outlary is given Coke 3. part 12. A. 17 Edw. 3. process 203. 17 Edw. 3. 59. pl. 55. Shard 26 Ed. 3. 5. pl. 13. A Scire facias shall issue against Tenant per. Elegit to account 21 Edw. 3. 2. pl. 6. 5 Edw. 3 159. pl. 20. Regist Judicial 73. B. Old Nat. br 34. And if he come not upon summons returned Judgement shall be given against him 5 Edw. 3. 159. pl. 20. 21 Edw. 3. 1. Conusor of a Statute shall have a Scire facias against a Conusee de Account Coke 4. part 67. B. 47 Edw. 3. 11. Pl. 9. fol. 25. Pl. 63. So the Assignee of a Conusor 25 Edw. 3. 53. Pl. 17. But then he cannot surmise that it was appraised and found of base value 17 Edw. 3. 36. Pl. 6. If a Receiver come in by a Capias or Exigend he shall be forthwith committed to the Fleet 29 Edw. 35. Pl. 63. So if he come in by distress and the account be adjudged against him 29 Edw. 3. 35. Pl. 63. But if the account be adjudged against him and he be not present in Court a Capias ad computandum shall issue out 1 Edw. 3. 2. Pl. 10. 1 Hen. 7. 1. Pl. 1. Townsend Lib. Intr. 18. Sect. 1 2 3 Judgement given quod computet the Plaintiff dyes the Executors shall have a Scire facias which being served if he appear not an Exigend shall issue forth 14 Hen. 4. 1. But if the Defendant be taken per Capias ad computandum and dyes in prison a Scire facias lyes not against his Executors 10 Edw. 4. 7. 41. Assize Bar by a Receiver 1. to an Action of Account 2. before Auditors The Defendant pleads he bought the goods of the Plaintiff and he brought this Action for them a good Bar 14 Hen. 4. 19. Pl. 21. The Defendant pleads that it was agreed that he should be bound to the Plaintiff for the principal and use the which he did this is a good Bar 22 Hen. 6. 55. Pl. 32. for this drowns the contract otherwayes he ought to plead this before Auditors So if the Plaintiff grant that if the Defendant pay 20 l. will withdraw his Action a good Bar because by way of Accord 7 Edw. 3 325. Pl. 11. 18 Edw. 3. 39. Pl. 35. No plea that he put it in a bag and that the Plaintif agreed that he should keep it in liew of a debt because the Receit for account-render is confessed 28 Hen. 6. 7. Pl. 9. The Count was that he did account of such a Sum such a day and year and place before A. and B. Auditors assigned by the Plaintiff a good Bar Lib. Intra 19. D. Sect. 3. 25 Edw. 3. 39. Pl. 1. 2 Edw. 3. 45. Pl. 13. Count of divers sums received between such and such a day and pleads to parcel of the time that he hath fully accounted and to the Remainder that he was not his Receiver there he ought to shew of what he had accounted 30 Edw. 3. 1. Pl. 4. That he accounted to the Plaintiff from three moneths to three moneths a good Bar 39 Edw. 3. 5. Pl. 22. A good Bar that he did account 1º April but then he ought to say without that that he was his Reciever before or after 21 Edw. 4. 66. Pl. 47 7 Hen. 4. 14. Pl. 17. 45 Edw. 3. 14. Pl. 13. 34 Hen. 6. 44. Counts that he was Receiver for seven years it is no Bar that he accounted 1º Maii Anno 5º without answering for the two other years because he is to answer for the whole time as well for the increase as principal 7 Hen. 6. 5. Pl. 8. As to 20 s. received 1º Jun. fully accounted for and to the receit afterward or before that he never was Receiver 27 Hen. 6. 1. Pl. 8. A good Bar quod 21. Jannarii Anno c. to D. in the County of W. he fully accounted with the Plaintiff Lib. Intr. 20. B. Sect. 8 9 10. 11. Before the Writ he did account with the Plaintiff a good Bar 4 Hen. 6. 43. pl. 4. But he ought to account to the Plaintiff before he is imprisoned or else no Bar 22 Edw. 3. 3. pl. 32. 7 Hen. 4. 14. 34 Hen. 6. 44. pl. 4. For the Plaintiff cannot commit him to prison for Westm 2. cap. 11. gives this only to Auditors 45 Edw. 3. 14. pl. 13. Account brought by Executors a good Bar that they did account to the Testator and shew his acquittances 1 Edw. 3. 2. pl. 10. Defendant pleads award by Arbitrators that he redeliver the goods this is nought but if he had been charged only with the safety of them then good 2 Hen. 5. 2. pl. 6. Account upon a Receit by other hands Arbitrament is a good Bar 22 Hen. 6. 39. pl. 10. Execution against a Receiver 1. per Common Law 2. per Statute Law 1. By the Common Law it was but a Levari facias or Fieri facias Coke 3. part 12. A. Harberts case And this only within the year for if the year was past then an Action of debt Unlesse the Processe be continued 33 Hen. 6. 49. pl. 33. 2. Per Westm 2. cap. 45. a Scire facias is giv en after the year Coke 3. part 12. A. Per Marlebridge cap. 23. Westm 2 cap. 11. a Capias was given in Process and by consequence a Capias ad satisfaciendum in execution Coke 3. part 12. A. Lib. Intra 18. C. Sect. 1 2 3. Per Westm 2. cap. 11. if the Accountant before Auditors be found in Arrereages he shall be committed by them to the next Goale in execution the same law is if he will not account before Auditors 10 Edw. 3. 387. pl. 28. But this shall be forthwith Coke 8. part 119. B. Bonhams case 27 Hen. 6. 8. Com. 17. But if he account before the Plaintiff he cannot commit him to prison for the Statute saith before Auditors 45 Edw. 3. 14. pl. But the Accountant to the King shall be imprisoned and his goods and lands in execution per the Common law Coke 3. part 12. B. 5 Eliz Dyer 224. Com. 32. Ex parte talis Per Westm 2. cap. 11. If Auditors be assigned by the party which will not allow reasonable charges to the Receiver or charge him with a thing he never received
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
house the assignee shall have covenant against him named because this is annexed to the estate so the husband of the wife termor tenant per statute Marchant staple and every one that comes to the land Coke 5. part 17. Spencers case So in all cases where it is annexed to the estate Nat. br 146. C. 48 Edw. 3. Assignee of a reversion shall have covenant as well as the Lessor shall have it per 32 Hen. 8. cap. 34. but this is when it concerns the things demised and not collaterall covenants Coke 5. part 18. A. Spencers case Assignee of a Reversion for years when the Tenant for years for a greater Terme his assignee shall have covenant within 32 Hen. 8. although the lessor grant over his Terme Trin. 40. Eliz. Ban. Regis Rott 123. Natures versus Westwood Assignee shall have covenant upon covenant in Law Coke 4. part 80. B. 9 Eliz. Dyer 257. pl. 13. Lessee covenants with the Lessor and his heirs to repair the house the assignee of the lessor shall have covenant Mich. 9 Jac. Ban. Regis Bestwicke et Wilborne Lease for years to the Husband and wife the lessor outs them they may joyn in covenant because after the death of the husband she shall have the Terme if he grant it not over 47 Edw. 3. 12. pl. 11. The Cominalty of D. Covenants with the Maior and cominalty of L. that they shall be quit of Toll c. in D. and after one Burges in D. takes toll of one in L. covenant lyes for one corporation against another 48 Edw. 3. 17. pl. 2. Executor shall have covenant for covenant made to his testator for a personall thing Nat. br 145. D. and orig Regist 165. B. Note de conversione pro executoribus non invenitur in Registr sed pro assignatis tamen potest fieri pro executoribus tam bene quam pro assignatis A. leases to B. for life and dyes within 12 years the executors shall have it until 12 years c. B. dyes A. outs the executors within 12 years they shall have covenant 19 Edw. 3. covenant 24. Executor of an executor shall have covenant by the common law 19. Edw. 3. covenant 24. pol. Com. 290. Chapmans case Lib. intra 134 B. sect 1. Heir shall have covenant if the deed be made to him and his heirs Nat. br 145. C. 16 Eliz. Dyer 338. pl. 39. but this was to enfeofe him and his heirs A. enfeofes B. in fee rendering for 8 years one Rose and afterwards 20. B. dyes his heir within Age the Lord recovers the Land by reason of Collusion the Heir at full age shall have covenant 18 Edw. 3. covenant 7. joynt- A. covenants with B. and C. and their heirs et eorum utrique to make an estate to the heir of him which first dyes being percener the heir of one shall have covenant sole 16 Eliz. Dyer 338. pl. When any of the covenanters shall have severall interests or estates and the covenant is made with them et cum quolibt eorum they shall have severall covenants otherways not Coke 5. part 22. A. Matthewsons case Lessee for years by deed poll is out by the lessor he shall have covenant Nat. br 145. L. 21 Edw. 4. 30. pl. 25. But if a stranger outs him without title he shall not have covenant Nat. br 145. L. 22 Hen. 9. 52. pl. 26. Although it be by verdict Coke 4 part 80. B. Nokes case And although the lessor warrant to him during the terme 26 Hen. 8 3. pl. 11. But if a stranger that hath Title then it lyes Nat. br 145. 32 Hen. 6. 32. pl. 27. Nedham But Lessee for life shall not have Covenant upon such outing 26 Hen. 16. covenant 10. Nat. br 145. M. if the covenant be not exprest But the 13 Edw. 3. fines 165. per Shard if a Lease be to A. without impeachment of waste and waste be brought against him A. shall have covenant Tenant for life shall not have the benefit of warranty if he be not in possession 26 Hen. 8. 3. pl. 11. Lessee for years shall have covenant upon a demise and grant Coke 4. part 80. B. Nokes case et 5. part 17. A. Pasc 7. Jac. Ban. Regis Winchcombe et Rigge A lease made to A. per dedi et concessi the land is evict for years A. shall have covenant against the lessor for judgement was so entered Mich. 9. Jac. But Williams et Yelverton said that it was without their privity and Williams said that it lyed not Recusant shall not have an action for any thing seised in the Kings hands 1. Jac. cap. 5. Successor shall have covenant upon a covenant made and broken in the time of his predecessor 4 Edw. 3. 130. pl. 71. A covenant to levye a fine the party to whom this covenant is made shall have covenant Nat. br 146. F. Against whom Covenant lyes 1. Personall 2. Reall Administrator is subject to it 13 Edw. 3. cap. 11. Coke 9. part 40. A. Hensloes case Assignee of a termor shall be lyable without naming how the condition of the thing extends to the things in esse parcell of the demise Coke 5. part 16. A. Spencers case et fol. 24. Worcesters case This extends to him that comes to the demise by any way Coke 5. part 17. B. Spencers case So if the covenant extende to a thing to be newly made if it shall be made upon the demised land the assignee shall be boumd by expresse covenant to the lessee and his assignes Coke 5. part 16. B. Spencers case 25. Hen. 8. br covenant 32. lessee covenants for him and his assignes to repair a house covenant lyes against the lessee and then against the assignee and no remedy but an audita querela per Brooke A. leases for years to B. and covenants to suffer him to enjoy this there the assignee of A. is lyable not named 9 Eliz. Dyer 255. pl. 4. When the covenant extends to a thing which had not essence at the time of the demise the assignee is not lyable without naming Coke 5. part 16. B. When the demise is of a personall thing the assignee is not lyable by expresse name Coke 5. part 16 et 17. If the demise be of Land and a personal thing the assignee is not bound by expresse name for the personality for there can be no privily between the lessee an assignee Coke 5. part 16 et 17. The statute of 32 Hen. 8. cap. 34. extends to covenants which touch the thing demised and not to Collaterall covenants It lyes against executors Regist orig 165. B. Nat. br 145. H. and this is although they be not named 28 Hen. 8. Dyer 14. pl. 69. 45 Edw. 3. 17. pl. 4. 47 Edw. 3. 22. 48 Edw. 3. 2. pl. 4. 9 Eliz. Dyer 255. pl. 4 for they represent the person of the testator But all the executors ought to be named 47 Edw. 3. 22. pl. 20.
Rationabili parte bonorum 8. Taylor for general Contract         A garment special Statute Law Westm 2. cap. 11. Upon an escape of an Accountant in Execution 1 Rich. 2. cap. 12. Upon an escape of a Debt or in Execution 33 Hen. 6. cap. 1. Against a Goaler which suffers a servant to escape which was committed by the chief Justice 23 Hen. 6. cap. 15. Against a Shrieve for not returning a Knight of the Parliament 2. Edw. 6. cap. 13. For a Parson against him that will not set forth his Tythes 7 Edw. 6. cap. 6. Against a Receiver that takes more then he ought forfeits 6. s. 8. d for every penny to the party grieved 1. Edw. 6. cap. 14. Debt against a Seller of Lands given to the King by the said Statute 1. Mariae cap. 9. Goaler which refuses or suffers a person committed by the Colledge of Physicians to escape 13 Eliz. cap. 4. Upon a fraudulent Conveyance to defeat Creditors 3 Jac. cap. 7. If an Attorney suffers another to practise in his name in Court he forfeits 20 l. and the other that follows the Sute in his Name 20 l. 4 Jac. cap. 3. The Defendant shall have the same remedy for his Costs as the Plaintiff should have had if he had recovered 1 Jac. cap. 21. Debt against a Broker for double the value of the thing if he refuse to disclose the truth 1 Jac. cap. 15. Creditor of a Bankrupt shall have an Action of Debt to him assigned 5 Eliz. cap. 13. The Owners of the soyl against the Surveyors of High-wayes which dig in a mans Ground and not fill it up again within one Month the forfeiture is 3 l. 6 s. 8 d. The Lord of the Leet for erecting a Cottage or Inmate shall have an Action of Debt per 31 Eliz. cap. 7. 14 Hen. 8. Physitians in London for practising without Licence 17 Edw. 4. cap. 2. A Steward of pypowders forfeits 5 l. if they hold plea unless the Plaintiff or his Attorney swear that the thing was within the Jurisdiction and in the Fair 1 Rich. 3. cap. 6. Debt in what Court it lyes IN the County Court Nat. br 119. G. Regist orig 139. A. In a Village Citie and Burrough Liberty Nat. br 119. K. In Pypowders But by the 17 Edw. 4. cap. 2. The Plaintiff or his Attorney ought to swear that it was in the Fair and within the jurisdiction 1 Rich. 3. cap. 6. and if he refuse the Defendant shall go quit It lyes in the Marshalsey if both are of the houshold otherwise not but the Plaintiff needs not shew this in his Count and the proceeding there is by bill Coke 10. part 61. Case of Marshalsey In Chancery for a person priviledged debt lyes In the Exchequer by quo minus Coke 8. part 68. A. Trollops case So if one usurp upon a Franchize of the King where he had Fee Farme the Farmer shall sue by Quo minus 32 Hen. 6. 24 pl. 7. An Executor shall have a Quo minus when he is a Debtor to the King by his own Act 8 Hen. 4. 10. pl. 19. In Com. Ban. Nat. br 119. G. Debt lyes not for a popular action or penal Law but in one of the four Courts of Record at Westm per Statut. 18. Eliz. cap. 5. Coke 6. part Gregories case Who shall have Debt If a Bayly account and surplusage be found he shall have Debt for it Nat. br 121. I. the count Lil. intra 150. D. sect 1. But a Receiver shall not Nat. br 121. I. 38 Hen. 6. 5. pl. 14. Mich. 12. Jac. Ban. Regis Countesse of Suffolke et Floyde Administrator shall not have Debt untill 31 Edw. 3. cap. 11. Nat. br 120. D. Coke 9. part 39. A. Hensloes case 1. An Administrator ought to count that he which Commited the Administration was the Ordinary of the place where the intestate dyed 31 Hen. 6. 23. pl. 5. Com. 277. A. Per Dyer 2. He ought to name the place where the administration was to him commited 35 Hen. 6. 31. pl. 39. Danby et Moyle 3. He needs not name the Ordinary by his name 7 Hen. 4. 10. pl. 18. But in a writ de Colligend he shall be named An administrator shall have Debt upon 1 Edw. 2. cap. 14. for money given to Chantery land The Ordinary Release a debt and afterwards grants administration to A. yet A. shall have Debt for the Release is void 18 Hen. 6. 23. Coke 9. part 39. A. vide Crooke 127. pl. 90. Attorney shall have Debt for his Fees and Fees of Counsell and costs of suite Nat. br 121. L. 21 Hen. 6. 4. If I. deliver money to Bayle over or to a Marchant or to be given in Almes or upon a Condition to rebayle if he break the trust I. shall have Debt against him 28 Hen. 8. Dyer 22. pl. 135. 11 Hen. 6. 39. pl. 3. 42 Edw. 3. 9. pl. 7. Crooke 21 Hen. 7. 69. pl. 2. per Frowicke A. is bound to the Husband and wife the husband alone shall have the action 3 Hen. 6. 37. pl. 35. 12 Rich. 2. bre 637. Or in both their names 39 Edw. 3. 5. pl. 19. 43 Edw. 3. 10. pl. 31. 3 Hen. 6. 37. pl. 35. 12 Rich. 2. bre 639. 16 Edw. 4. 8. Husband and wife Assigne Auditors to receive it dum sola fuit and brought debt for the Arrerages in both their names and good because the wife was the cause of the Action 16 Edw. 4. 8. pl. 4. Husband and wife Lease for years rendering Rent the husband dyes and the second husband brought Debt and good 28 Edw. 3. 90. pl. 4. A Woman leases at will rendering rent and takes a husband the rent is behind they joyn in debt and good Coke 5. part 10. Hensteads case A Woman shall not have an action against her husband although she is executrix 8 Edw. 3. 330. pl. 48. A. is bound to the husband and wife and they are divorced causa prae-contractus and they brought debt in their nam es No. Lib. intra 121. sect 5. B. had a Rectory in right of his wife for years and they both joyned in debt upon the 2. of Edw. 6. for not setting forth of Tythes Hil. 39. Eliz. Ban. Regis Rott 699. Leasse for year rendering Rent by the Husband and wife husband may have Debt in his own ame 7 Edw. 4. 5. pl. 16. The same law is if the reversion be assigned to the Husband and wife although that the Husband Count as Assignee Trin. 12. Jac. Ban. Regis Wyatts case Husband and wife sold the Land of the wife the Husband alone shall have Debt 48 Edw. 3. 18. pl. 4. Husband and wife recover damages the Husband alone shall have debt for them 16 Hen. 6. Bre. 939. A woman tenant in dower of Rent takes a husband and dyes the husband shall have debt for the Arrerages during the coverture Nat. br 121. C.
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.
Commoner for damage fesant Coke 9. part 112. B. 24 Edw. 3. 42. pl. 23. 40 Edw. 3. 23. 15 Hen. 7. 8. 13 Hen. 8. 15. 7 Edw. 3. 266. pl. 39. Coke 8. part 78. B. Welds case Crooke 17 Hen. 7. 41. pl. 2. Although they be Coppy-holder or Tenant for years Coke 9. part 112. B. And needs not shew per quod amisit communiam No. Lib. intra 573. D. Sect. 4. but vide Coke 9. part 113. A. who ought to shew it For rent reserved by the Testator upon a Lease for years he shall not be put to shew the Testament 12 Rich. 2. 163. Executor for Rent due in vita Testatoris 32 Hen. 8. cap. 37. Rent granted by Husband and Wife the Arrearages incurre the Husband dyes the Wife shall distrain for the Arrearages 29 Edw. 3. 40. pl. 19. Gardein in Soccage may avow for damage fesant in his own name for he hath the Governance of the Land Crooke 17 Hen. 7. 46. B. Frowick Parson may avow for Rent-charge by prescription Lib. intra 557. B. Sect. 1. The King having the profits by Outlary in a personal action may avow 15 Hen. 7. 2. pl. 4. Tenant at will for damage fesant Lib. intr 561. B. Sect. 1. 15 Hen. 7. 2. pl. 4. Tenant at sufferance cannot avow for damage fesant Crooke 17. Hen. 7. 47. A. But vide 4 Hen. 7. 3. pl. 6. in Trespass he justifies for damage fesant and good for he ought to have the profits till him that hath right enter upon him For what things a man may avow Amerciament in a Leet No. Lib. intra 572. A. Sect. 2. Crooke 20. Hen. 7. 66. pl. 8. In Tourne of the Shrieve 28 Edw. 3. 95. In a Court Baron it was by custome alleadged 15 Eliz. Dyer 322. pl. 23. Crooke 20 Hen. 7. 66. pl. 8. for amercement for the Tenants not coming he may distrain if it be assessed by Ferrors otherwise not Corrody granted with distress he may avow for 27 Edw. 3. 81. pl. 13. Damage fesant Lib. intra 554. D. Sect. 3. 556. A. Sect. 7. 559. A. Sect. 1 2 No. Lib. intra 575. B. Sect. 6. 577. C. Coke 8. part 89. B. Frances case If the Cattel be chased out before he distrain he cannot avow the distress Coke 9. part 22 Avowry 16 Edw. 4. 10. 2 Edw. 3. 2. Avowry 182. His frank-tenant and avows for damage fesant and it was found that he was his frank-tenant and his wife the judgement shall be against him for both were seized Trin. 38 Eliz. Com. Ban. Walker versus Bonner The Plaintiff shews that A. was seized and descended to him and that he was seized in Fee and avows for damage fesant and good Trin. 9 Jac. Newton versus Ansley For a Moyety of the value of the Land upon 4 Hen. 7. For maintenance of Husbandry Lib. intr 575. D. Sect. 1. Herriot Custome No. Lib. 613. B. Sect. 22. But he ought to shew the Certainty of the Land holden for to say that he held two tenures is not sufficient but claims it of the Lessee for life he ought to shew which Lease he holds by 21 Hen. 7. 79. pl. 27. Crooke For Relief Lib. intra 5â—5 C. Sect. 4. But the Avowry shall not be for the double rent but only the quantity of the single rent 16 Hen. 7. 4. pl. 2. 1. For a Rent Charge No. Lib. intra 585. A. Sect. 7. 8. 9. 2. For a Rent Charge by prescription Lib. intra 557. B. Sect. 1. 2. C. 3. For Rent-service but if he avow for two rents where one rent day is not come the Avowry shall abate for that only which is not come Coke 8. part 45. B. Godfreys case 1. For Fealty Lib intra 555. C. Sect. 4. 2. For Homage Lib. intra 555. C. Sect. 4. Coke 4. part 6. A. B. Bevils case For Rent service Lib. intra 554. C. Sect. 2. 556. Sect. 8. But if it be to render one thing or other he shall avow accordingly For Bracton Lib. 2. Fol. 35. B. in hoc casu tenens habet electionem unum solvendo liberatur For rent service when the Cattel are chased out Lib. intra 557. A. Sect. 10. Seisin in Avowry in whom it may be alledged It may be alledged in the Ancestor of the Avowant 34 Hen. 6 21. 3 Edw. 2 Avowry 187. 20 Hen. 6 7 com 140 A. 16 Hen. 7 4 pl. 10. 2 Edw. 3 27 pl. 4. In the Father of the Feoffor Lib. intra 556 B. sect 8. In the Predceessor good 6 Edw. 3. 277. Com. 96. A. By what hands Seisin shall be alleadged By the Ancestor of the Plaintiff 34 Edw. 3. Avowry 258. 34 Hen. 6. 8. By a Disseisor good Coke 2. part 67. A. Tookers case Coke 6. part 57. B. Bredimans case Unless it be by Covin Coke 6. part 58. A. Bredimans case By the hands of an Infant good 34 Edw. 3. Disclaimer 30. Coke 9. part 33. B. Bucknals case In the Feoffor of the Tenant Com. 95. A. Mantels case By the hands of the Joynt-tenant only it is good Coke 2. part 67 A. Tookers case Presciption to have rent of a Village Seisin by Resyants is good because all the Village is chargeable 4 Hen. 6. 29 30. Coke 6. part 59. Bredimans case By Tenant for years not good because he hath not an estate out of which seisin may be gained Coke 6. part 57. Bredimans case By the hands of the Tenant for life good when the remainder is over to another Coke 6. part 58. A. Bredimans case By the hands of the Tenant by courtesie not good to charge the Heir with Herriot Service because none may have his estate 21 Hen. 7. 84. pl. 8. Crooke Tenant makes a Feofment and afore notice gives seisin this is good because he remains tenant to the Lord until notice Coke 6. part 58. A. Bredimans case By the hands of the tenant and needs not say Tenant of the land 34 Hen. 6. 8. By the hands of the tenant prevail good Coke 6. part 58 A. Bredimans case The Shrieve claims rent by prescription and seisin 42 Edw. 3 4. Within what time seisin ought to be alledged The advowant is not bound to alledge seisin within 40 years but may alledge it generally and then the other may plead that he was not Seised within 40 years Coke 8. part 65. A. Fosters case 9. part 36. A. Bucknalls case 14 Eliz. Dyer 315. pl. 10. When it is not requisite to alledge Seisin Avowry for an amerciament is not requisite 11 Hen. 4. 89. 13 Hen. 4. 9. Avowry for rent charge 44 Edw. 3. avowry 75. Coke 8. part 56. A. Fosters case Avowry for rent upon a feofment by deed tendered of him because the deed is the title and the commencement of it appears 2 Edw. 2. Avowry 185. Coke 8. part 65. A. Fosters case So for Rent
B. shall have Trespass before possession for he hath the property in Law 2 Edw. 4. 25. per 2 Justices Coke 3. part 26 27. Butler Baker Trespas brought it was found by office that the other was Tenant and that it escheated to the King this shall abate it as to the things upon the Land Com. 488. B. Nichols case 546. A. 19 Edw. 4. 2. pl. 5. He that enters upon the possession of the King shall not gain possession therefore he shall not have trespass Com. 546. A. Paramors case 2 Hen. 4. 7. pl. 29. Or upon a Farmor of the King 2 Hen. 4. 7. pl. 29. But he that outs the Farmor the King shall have trespass Com. 546. A. Paramors case The King shall have trespass Nat. br 90. I. Regist orig 99. A. And in this Case the party cannot make fine because the dammages are to the King himself 10 Hen 4. 3. pl. 7. But for trespass in the Kings lands there use to be an information in the Chequer Nat. br 90. I. And in such case the judgement is that the party shall be removed and put out of possession although that it be but a personal sute and the removal shall be by writ formed in the case Com. 561. B. But the King may have a Trespass Quare clausum fregit Nat. br 90. I. The Queen shall have trespass without the King Nat. br 101. Recusancy shall be pleaded in disability for as many Hereditaments as are not seised into the Kings hands 3 Jacobi chapter 5. A Bishop shall not have an Action of Trespass made in the vacation 39 Edw. 3. 12. pl. 18. 18 Edw. 2. traverse 237. Vide tamen Regist 101. A writ formed in such case for the succeeding Bishop Master of an Hospital shall have an Action of Trespass for a thing done in the time of his Predecessor Nat. br 89. G. Regist orig 196. B. the writ there Tenant at will shall have trespass against a Stranger 19 Hen. 6. 45. pl. 94. 12 Edw. 4. 8. pl. 20. 35 Hen. 6. 5. pl. 7. For entring his Close and burning his hay 35 Hen. 6. 5. pl. 7. Copyholder shall have trespass Coke 4. part 31. A. 2 Henry 4. 12. pl. 49. Coke 4 part 4. 21. B. 23. B. and this before his admission per discent The joyn in trespass touching Tenants Littleton sect 315. 18 Hen. 6. 5. 14 Hen. 6. 9. pl. 38. 12 Hen. 6. 4. pl. 11 4â— Edw. 3. 13. 5 Hen. 4. 1. 14 Hen. 4. 31. 43 Edw. 3. 24. pl. 3. 22 Hen. 6. 12. But if one dyes the other shall have an Action for all 43 Edw. 3. 24. pl. 3. They ought to joyn in Trespass 5 Rich. 2. cap. 7. 34 Hen. 6. 32. pl. 16. 4 Edw. 4. 18. 21 Hen. 7. 22. Note for battery they shall not joyn Regist orig 105. B. A. had male Swans B. female which having young ones for the young ones they shall joyn because they are Tenants in Common Coke 7. part 17. A. 2 Richard 3. 15 16. One Tenant shall not have trespass de bonis asportatis against his companion that takes them Lib. intra 653. B. sect 3. Tenant for anothers life is disseised he that had the life dyes Tenant for anothers life shall have trespass without reentry because the Act of God shall not prejudice him 19 Hen. 6. 28. B. Aschough Coke 5 part Kniets case Tenant at sufferance shall not have trespass Crook 17 Hen. 7. 47. A. If a man be outlawed or attainted in trespass or felony and pardoned he shall have trespass for trespass done to his person before the pardon 29 Assize pl. 63. No. Lib. intra 248. A. 30 Edw. 3. 4. pl. 18. But for other trespass quaere 5 Edward 3. 170. But before Scire facias he cannot without doubt because the pardon was conditional 21 Edward 3. 55. pl. 7. Against whom Trespass lyes Administrator takes the goods of B. which proves as will by which he was made Executor and brought Trespass and it lyes although the administration were never repealed for the administration was voyd and the Administrator a Trespassor Mich. 12 Jac. Ban. Regis Fisher Young A. makes a Trespass B. agrees to it afterwards and avows yet B. is no Trespassor 9 Edw. 3. 35. pl. 17. Trespass lyes against an Alien Digest br 72. A. Person attainted shall be sued Mich. 38 39 Eliz. Com. ban Banister Trussell No. lib. intra 248. A. Infant makes a Letter of Attorney to A. to take a Livery for him A. takes it the Infant shall not have trespass because it is for his advantage 21 Hen. 6. 31. B. Ascue Trespass De muliere abducta cum bonis c. gift against husband and wife because the wife may assent to the Ravishment and also to the carrying of the Goods 43 Edw. 3. pl. 15. 44. Assize 13. Trespass against Husband and wife the wife is taken by Capias but not the husband Dodderidge and Haughton Justices said that if the Declaration be against the wife alone it is not good and if there be no Declaration the wife shall be at large but afterwards Dodderidge said a Declaration shall be put in against the Husband and wife and the wife appearing shall be committed to prison to which Crook agreed yet qâ—aere what was done in it Mich. 15 Jac. Ban. Regis Ashewell against Opshard and his wife If the Woman beat another the Husband must be named in the Writ Register original 105. B. Lib. intra 612. A. sect 11. Trespass lyes against him that commands another to do a Trespass Doct. Stud. 19. A. tamen quaere It lyes against a Master of an Hospital and his brethren Register Original 105. B. It lyes against a Dean and Chapter 32 Hen. 6. 8. pl. 13. It lyes against a Maior and Communality Quare vi armis 38 Edward 3. 18. 8 Henry 6. 1. 9 Henry 6. 36. 20 Henry 6. 9. 15 Edward 4. 2. 4 Henry 7. 13. 32 Henry 6. 10. But no Capias lyes against them because they cannot appear in person 45 Edw. 3. 2 3. 22 Assize 67. 21 Edw. 3. 59. pl. 1. Disseisee shall have trespass against his Disseisor before his entry for the former entry 32 Hen. 6. 32. 38 Hen. 6. 28. A. Fortescue But after his entry he shall have trespass against the Disseisor for all the mean profits Coke 11. part 51. A. Liffords case 3 Hen. 4. 13. pl. 18. Gascoigne 37 Hen. 6. 7. pl. 12. But shall not have trespass against the Disseisor of the Disseisor for then the last Disseisor should be twice charged Coke 11. part 51. Neither against the Feoffee or Feoffor of the former Disseisor 34 Henry the 6th 30. pl. 14. 13 Henry the 7th 15. Coke 11. part 51. Liffords case 2 Edward 4. 18. pl. 12. per 2 Justices Crook 12 Henry 7. 1. pl. 2. But
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
Ballivus suus in N. nisi fecerit praedictus B. fecerit te securum de clamore suo prosequendo tunc summ per bonos summonitores praedictum A. quod sit coram Justic nostris apud Westm a die Paschae in sedecim dies ostendens quare non fecerit habeas ibi summ hoc breve Teste c. Regist orig 135. b. Nat. br 117. E. It lyes for a man and his wife Regist orig 135. b. For a master of a house Regist orig 135. b. For a Prior in the time of his Predecessor Regist orig 135. b. For an executor and an Abbot co-executor Regist orig 135. b. But there isanother form of a writ founded upon the statute of Marlebridge Cap. 23. Nat. 117. H. orig Regist 135. b. Account against B. as Bayly and Receiver in K. a good bar to the Writ that was not Bayly nor Receiver in K. 21 Hen. 6. 21. pl. 42. Vide. 44 Edw. 3. 1. pl. 2. The Writ ought to comprehend the County 10 Edw. 3. 365. pl. 19. Shard If it be brought against one as Receiver where he was Bayly it shall abate 3 Edw. 3. 70. pl. 28. 18 Edw. 4. 3. pl. 17. But one Writ may Comprehend Bayly and Receiver 9 Edw. 3. 356. pl. 38. Nat. br 116. P. 21 Hen. 6. 21. pl. 42. Regist orig 135. b. The process against a Bayly 1. Before apparance 2. After apparance At the Common Law the Process was but a distresse infinite Coke 3. parte 12. A. Harberts Case But by Marlebridg cap. 23. a capias was given Coke 3. parte 12. A. And per Westm 2. cap. 11. processe of Outlary is given Coke 3. part 12. A. 17 Ed. 2. process 203. 17 Edw. 3. 59. pl. 55. Shard 29 Ed. 3. 5. pl. 13. But against Tenant by Elegit is but a Scire facias 21 Edw. 3. 2. pl. 6. 5 Edw. 3. 159. pl. 20. Regist judicial 73. b. Old Nat. br 34. And if they appear not being summoned judgement shall be given against them 5 Ed. 3. 159. 21 Edw. 3. 1. Conusor shall have a Scire facias against the Conusee Coke 4. parte 67. b. 47 Edw. 3. 11. pl. 9. fol. 25. pl. 63. So the Assignee of a Conusor 25. Edw. 3. 53. pl. 17. If a Bayly come in by Capias or Exigend he shall be forthwith committed to the Fleet 20 Edw. 3. 35. pl. 63. So if he come in by Distresse and the Account be adjudged 29 Edw. 3. 35. pl. 63. But if the Account be adjudged and he be not present in Court a Capias ad computandum shall issue out against him 1 Edw. 3. 2. pl. 10. 1 Hen. 7. 1. pl. 1. Townsend Lib. Intra 18. c. Sect. 1 2 3 The Bar to a Bayly 1. To an action of Account 2. before Auditors A good Bar that he did account before Auditors 25 Edw. 3. 39. pl. 1. 2 Edw. 3. 45. pl. 13. Lib. intra 17. A. Sect. 1. he shall shew the time and the Auditors But in pleading ought to say that the Auditors were assigned by the Plaintiff and not by his assent 29 Edw. 3. 40. pl. 21. A good Bar that he did account with the Plaintiff Lib. intr 18. A. B. Sect. 6. 11 Ric. 2. Stath Account 46. 45 Edw. 3. 14. pl. 13. But it is no Bar to say he did account with the Plaintiff after that he had imprisoned him 22 Edw. 3. 13. pl. 32. Account per Executors a good Plea that he did account to the Testator and shews an acquittance 1 Edw. 3. 2. pl. 10. Heir Frank-tenant a good Bar 28 Edw. 3. 90. An Abbot brought an account against B. as Bayly of his Predecessor and pleads that he had a Lease of his Predecessor for three years and entered after the fine and found certain things there this is a good bar 16 Edw. 3. 368. pl. 30. Defendant said that it was debated between the Plaintiff and his wife and it was agreed that the wife should have the Land for her maintenance and leased to the Defendant rendring rent this is a good bar 47 Edw. 3. 18. pl. 34. An account for the delivery of three Tuns of wine a good bar for the Defendant to say that the wife was the common Taverner and that they were Bayl for the sale thereof without the assent of him and that she sold and paid the Plaintiff without that that they were his Baylies in any other manner 13 Rich. 2. Account 50. Defendant pleads a Lease to him of the Mannor a good bar 49 Edw. 3. 7. pl. 11. Account of a house and goods it is no Plea to say he bought the goods of the Plaintiff but must say without that that he was his Bayly for account-render 49 Edw. 3. 7. pl. 11. Payment by command of the Plaintiff a good bar Coke 11. part 38. B. Metcalfs case 1 Edw. 5. 42 Edw. 3. 6. Pl. 21 but this is before Auditors and not in bar of the Action The Defendant said that he was servant to the Plaintiff and he did chase the cattle out of the field without that that he was Baily in any other manner for the cattle are hurt he shall have an Action of the case 7 Hen. 4. 14. Pl. 18. He was his Surveyer without that that he was his Bayly 4 Edw. 3. Account 34. The Defendant said that the Plaintiff granted by deed and shews that when he came to C. he acknowledged a statute Merchant the account should not be and shews likewise that he did it this is nothing without saying he delivered it to the Plaintiff 20 Edw. 3. Account 79. Account for the delivering of Tyn c. the Defendant said that he delivered this and took an obligation in the name of the Plaintiff this is no bar 28 Hen. 8. Dyer 29 Pl. 193. Bayly of woods to sell it is no Plea to say he had not sold them because this comes in debate before Auditors 14 Edw. 3. Account 131. The plt after judgement for him quod Comput dies his executors shall have a scire facias the which being served if he appear not an exigend shall issue out against him 14. Hen. 4. 1. The Iudgement against a Bayly 1 of Acount 2 To Recover the things The Judgement is quod Computet et ideo in misericordia quia prius inde non Computavit Coke 11. parte 38. A. Metcalfs case Lib. Intra 19. b. sect 1. 20. D. sect 1. Quod computet for parcell and Barr for the remnant Lib. Intra 22. A. sect 12. The Judgement is ideo consideratum est quod praedictus W. recuperet versus praefat M. as much as he shall be found in Arrerages et dampna occasione implacitationis c. Coke 11. parte 40. A. Metcalfs case Scire facias against Tenant per Elegit to Account and not appearing upon garnishment the Judgement was that the plt shall recover his lands without any more proces upon the cause of the Account c. 5 Edw. 3. 159.
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
water 2 Hen. 7. 11. B. 2. For keeping of sheep delivered to me for a year to dung my Land Nat. 26. B. D. 1. Against him that I give money to give to my Attorney and he gives it to my adversary 20. Hen. 7. 9. 2. If I lent my plate or other goods and he wastes them or misuseth them or converts them to his own use 27 Hen. 8. 25. 28 Hen. 8. Dyer 22. pl. 137. 20 Hen. 7. 4. 2 Hen. 7. 11. 2 Edw. 4. 5. 18 Edw. 4. 23. 21 Edw. 4. 19. Crooke 2 Hen. 8. 160. pl. 2. 3. If against a Bayly that cuts my trees or kills my Cowes 18 Edw. 4. 23. 4. If a Bayly lend them to B. and he wastes them it lyes against B. 12 Edw. 4. 13. 5. Against my Butler that breaks my Hanaper 18 Edw. 4. 27. 6. For baylment of a Bag in which was 20 l. and he breaks the seal 21 Edw. 4. 30. pl. 25. 7. So for an obligation 39 Hen. 6. 46. 8. Against a Bayly of beasts which kills them Littleton 15. A. Dyer 121. pl. 17. 14 Hen. 8. 12. The executor comes to the heir 31 dayes after the death of the Testator and demands the goods that are in the house and he refuses to deliver them 1 this is a Convenient time 2 this wronge is punishable Mich. 7. Jac. Ban. Regis Steedmans case 1. A. sold 20. cords of wood to B. to have by assignement and afterward sold 4000. to C. to have at his election and assignes to B. which he shall cut and C. takes them B. shall have an Action Coke 5. parte 24. Palmers case 2. Tenant for years shall have estovers in the wood of B. which shall be cut or have an Action Coke 9. part 112. B. Mayers case 1. Against a Carrier that breaks Pots and glasses 2 Hen. 7. 2. 2. If the things be delivered to the servant of the Carrier yet an action lyes against the Master Pash 9. Jac. Ban. Regis Wornhall et Bradshaw 1. For delivering a horse to B. for safeguard who delivers him to C. to the use of A. who spoyls him A. shall have an Action against C. 12 Edw. 4. 13. pl. 9. 2. Against a Smith that pricks my horse Nat. br 94. D. vide the writ there 17 Ed. 4. 43. 11 Edw. 4. 6. 46 Edw. 3. 19. 3 Hen. 6. 36. 14 Hen. 6. 18. Regist orig 106. A. 48 Edw. 3. 6. pl. 11. And if the Smith lends the horse to another who pricks him Action lyes against the second 12 Edw. 4. 13. A servant brought a horse to the smith who pricked him by which the service of the Master is neglected the Master shall have an Action Hill Jac. Ban. Regis For taking my Pigeons with engines 16 Edw. 4. 7. For playing with false Dice Nat. br 95. D. Regist orig 240. No. Lib. Intra 8. sect 8. The same law of false Cares Coke 11. part 87. B. Monopolies 1. For distraining of a Horse of a Prelate when he had other things distrainable Nat. br 93. I. Regist orig 100. B. Coke 4. part 95. A. Slades Case 2. For distraining in a high-way or in any spirituall Land belonging to a church against the Articles of the Clerks 94 E. Regist 100. B. 3. For distraining one to come to my Leete when he owed sute to my leete Nat. br 94. G. For distraining Cowes and then impounding till they cast their Calves Nat. br 86. E. For distraining Cattle of the plough or Lambs where there was other sufficient distresse Lib. Intra 226. D. distres the writ there Nat. br 90. B. The count shall not shew that there was other sufficient distresse but it shall be Contra formam statuti 14 Eliz. Dyer 312. pl. 86. And it lyes although the Tenant hath made Agreement for the Rent 18 Edw. 2. For distraining in one Liberty where the Contract was not made Regist orig A. per Westm 1. cap. 34. By a Goaler against a prisoner that escapes being committed per Auditors Nat. br 95. C. 130. B. the writ there For Tearing an obligation delivered to be kept 39 Hen. 6. 44. Lib. intra 7. B. sect 1. It was delivered in the nature of an acquittance absque hoc that it was c. Lib. Intra 7. B. sect 2. Against a ferry-man that surcharges his boat by which my horse is drowned 22. Assize 41. 1. For forging of an obligation that is put in sute against me 5 Edw. 4. 126. pl. 44. Coke 4. part 18. B. case 14. 42. Assize 8. 2. For forging of a Resignation Regist orig 114. B. 3. For forging of a will 5 Edw. 4. 126. B. 4. For Counterfeiting a letter in the name of his Master that the Plaintiff would send his Master 20 l. upon which the Plaintiff delivered 20 l. to the Defendant 33 Hen. 8. cap. 1. pash 7. Jac. Ban. Regis Tracy versus Veale alias Smyth For taking away a ward he shall have the value of the marriage 29. Assize 35. For putting something in my ditch whereby my grain is drowned Regist orig 95. B. 97. A. For menacing to take my goods if I do not give him 20 l. 7 Edw. 42. For taking away my pales 15 Ed. 4. 4. Choke For putting in a River piles by which my oxen perish Nat. br 92. F. For taking my goods after protection to me granted Regist orig 12. A. By a Shreive against one that Rescued one in execution Dyer 241. pl. 47. 1. For taking my servant out of my service 19 Rich. 2. Action upon the case 52. Not his servant a good bar 20 Hen. 7. 4. pl. 13. Fineux 2. For inticing my servant to depart and him retaine 11 Hen. 4. 23. 3. For beating my servant though he serve me but for pleasure 21 Hen. 6. 9. But he ought to committ per quod he lost his service Coke 9. part 113. A. Mayers case 18 Edw. 4. 27. pl. 24. 2 Hen. 4. 12. pl. 49. 28 Hen. 6. 14. and there was omitted this word per and yet good And if the plaintiff have a verdict and doeth not count as aforesaid he shall never have judgement Crooke 21 Hen. 7. 71. pl. 15. But he need not count of the retainer 21 Hen. 6. 31. pl. 18. 22 Hen. 6. 30. B. et 43. B. 31 Hen. 6. 12. pl. 2. 4. For menacing my servant per quod c. Regist orig 94. B. 5. For assault and battery of my servant per quod c. Regist orig 102. A. Nat. br 91. vide the count Lib. Intra 613. B. sect 19. 674. C. sect 1. 6. For assault and battery and imprisonment till he made fine per quod c. 19 Hen. 6. 35. pl. 73. 7. For battery maheyme and imprisonment per quod c. Crooke 7 Hen. 8. 180. pl. 4. 8. When his Dog bites my servant per quod c. Regist 111. A. A good plea to 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
20 Sheep Boke 5. part 109. Foxleys case It lyes for a Chain-door found and solde 3. Mariae Dyer 121. pl. 14. It lyes of a Horse But it is no plea that a person unknown stole them and left them waiviavit without shewing the circumstances Coke 5. part Foxleyes case 109. A. but if he had said quidam ignotus waiviavit them without saying any more this is good for the circumstances shall be intended for waiviavit est vocabulum artis Mich. 15. Jac. Ban. Regis Leader Paschall 1. Traverse the sale is good 3 Mariae Dyer 121. pl. 16. 2. That he distrained them for a Rent charge absque hoc that he converted them this is nought for it is no conversion at all ideoque it amounts to the general issue Mich. 9. Jac. Ban. Regis Davies Knap That he is a horse-breaker and delivered it for him c. Absque hoc c. this amounts to the general issue Mich. 9. Jac. ban Regis Lovelace Martin Husband and wife shall have this action for a deed by which an Annuity was granted to the wife for the wife should have it if she survive the husband Trin. 40. Eliz. Com. ban Russel Catesby It lyes for twenty Pooks of corn Trin. 38 Eliz. Com. ban Price versus Sr. Walter Sands It lyes of four bushels of wheat Trin. 12 Jac. ban Regis Hill Hawkes The Defendant shews prescription in the Baylie of L. to elect a Belman which ought to repair the street of the market place and to cleanse it and that he shall have of every bushel there brought to sell one pinte of wheat c. justifies c. this is good because the custom is doubtful therefore a good bar otherwise this plea amounts to the general issue Trin. 12 Jac. ban Regis Hill Hawks For delivering of jewels c. in a box to B. who dyes and they come to C. who breaks the box and converts them 20 Hen. 7. 4. pl. 13. That he did not convert them to his own use a good bar for the Trover breaking are but conveyances 20 Hen. 7. 4. pl. 13. per Fineux It lyes of 50 l. of wooll ad valentiam c. for per curiam pondus shall be taken one pound weight because this weight is more certainly known throughout all the Countrey Mich. 9 Jac. ban Regis Roe Loyd It lyes of a 100 load of wood and 40 Beeches No. Lib. intra 41. B. Sect. 33. Of three Monkeys and error brought because that they did not say they were tame Mich. 9 Jac. in Exchequer chamber Shackley Porter It lyes of fourty measures of Pippins scil Bushels Mich. 9 Jac. in Exchequer Err. inter Claydon Taylor Covenant Conventio est quasi Transactio Covenant is either by Common Law 1 Exprest 1. By word 1. Personal touching Chattel Real Personal   2. A Real thing    1. Indented    2. Poll Reall 1. Warranty de qua non est hact  2. By deed 2. Covenant de qua non est hact be seized to use   3. Covenant to levie fine  2. Implyed 1. Personal   2. Real  Statute Law 31 Edw. 3. cap. 11. Administrator shall have it and be subject to a Covenant 32. Hen. 8. Cap. 34. Grants against Lessees e converso 1. Court 2. Plaintiff 3. Defendant 4. Things 5. Count. 6. The Writ 7. Processe 8. Barre 9. Judgement 10. Execution In what Court Covenant lyes 1. personall 2. Reall 1. IT lyes in the County or Hundred Nat. br 145. E. 2. It lyes in any court of the Lord. Nat. br 145. E. 3. In London Nat. br 146. A. 1. Marshalsey between 2 of the Household Coke 10. part 74. A. otherwise not 2. In the court of the Lord by speciall grant 44 Edw. 3. 28. pl. 18. et fol. 37. pl. 30. Lib. intra 296. A. sect 1. 50. Assiz pl. 9. Fine levyed in the county Pallatine of Lancaster good 37 Hen. 8. cap. 19. In Banco Regis 36. Hen. 6. 34. A. Fortescue but it shall be avoyded by writ of error In Ancient demeasne quaere per. 6 Edw. 3. 207. pl. 20. But the 44 Edw. 3. 37. 50. Assiz 9. Knivet it is not good But 22 Hen. 7. 90. B. pl. 14. Crooke a fine may be levyed in antient demeasue per petty writ of right close In Eire good 1 Edw. 3. 10. pl. 34. 8 Edw. 3. 27. 18 Edw. 3. 40. pl. 53. In communi banco Before the Justices of the grand sessions in Wales 34 Hen. 8. cap. 26. Who shall have Covenant 1. Personall 2. Reall If a man covenant with another to enfeoffe him or to serve him c. the other shall have covenant although he doe not agree Nat. br 145. A. But then it ought to be by deed Regist orig 165. B. Nat. br 145. A. et G. 7 Rich. 2. deeds 160. Yet in London a man shall have Covenant without deed per custome Nat. br 146. A. 22 Edw. 4. 2. pl. 6. Vavisor 21 Hen. 6. 10. Covenant 11. Administrator shall have Covenant by the equity of the statute de 31 Edw. 3. cap. 11. Coke 9. part 40. A. Hensloes case But not before 19. Edw. 3. covenant 24. Assignee shall have Covenant where it is made to one and his assignes Nat. br 145. C. Regist orig 165. B. Assignee shall have covenant without shewing the deed of covenant Trin. 36 Eliz. Banco Regis Noke versus Ander But there if the lessee for years by estoppell grant over his terme the Assignee shall not have Covenant because he had nothing in the land but only an estoppell A. Prior with the assent of his Covent by deed covenants for him and his successors with B. and his heirs that he and his Covent shall sing in the chappel of B. which is parcell of the mannor of B. for the Lords of the said mannor the Alliance of B. shall have covenant because it is a service annexed to the Mannor 42 Edw. 3. 3. pl. 14. Coke 5. part 17. B. Spencers case 45 Edw. 3. 3. 28 Hen. 8. Dyer 24. pl. 149. 2 Hen. 4. 6. pl. 25. But if the service is to be made in the Chappell of the other then the assignee shall not have covenant because it is annexed to the Mannour 2 Hen. 46. pl. 25. And so if one covenant with a Tenant by Curtesie to singe in his house although that he surrender and take for years he shall have Covenant because it was annexed to his estate 6 Hen. 4. 1. pl. 5. Assignee by word shall have covenant Coke 3. part 63. A. Lincolne Colledges case Assignee of Assignee shall have covenant Coke 5. part 71. B. Assignee of Copercenary shall have covenant against the other parcener to acquit him of the suite because the covenant goes with the land Coke 5. part 18. A. Spencers case 42 Edw. 3. 3. Lessor covenants to repair the
Lease to A. Lessor covenants to pay the quit Rents c. divers dues likewise this is a personall thing and binds not the executor 2 et 3. Mariae 114. pl. 6. Leas to the Husband and wife which covenants to make assurance for the Rent this binds not the wife because it is Collaterall 45 Edw. 3. 11. pl. 7. But if they covenant that they will not assigne without his consent there the wife is bound 18 Hen. 8. Dyer 13. pl. 66. Shelsâ—y Heir shall be bound by covenant of his ancestor if be named Regist orig 165. B. And although it be broken by his ancestor 4 Edw. 3. 130. pl. 71. But not if he be not named 28 Hen. 8. Dyer 14. pl. 69. 32 Hen. 6. 32. p. 27. Infant cannot be bound by his covenant to be an apprentice per the common law but by custome of London he may 21 Edw. 4. 6. pl. 17. But then he shall be of the age of 14 years 21 Hen. 6. 31. But an Infant of 12 years shall be bound by his covenant to serve in husbandry Nat. br 168. D. 7 Hen. 4. 5. pl. 29. 9 Hen. 6. 10. pl. 28. 21 Hen. 6. 31. Newton But if he be within 12 years he shall not be bound 2 Hen. 4. 18. pl. 7. 29 Edw. 3. 27. pl. 29. 41 Edw. 3. 17. pl. 1. Lessee covenants to leave the house in good case it lyes not against him tell the end of the Terme Nat. br 145. K. 12 Edw. 2 covenant 2. But if he covenant sustentare et reparare it lyes presently 45 Eliz. Dyer 324. pl. 34. So if he covenants to leave the wood in good plight this is void for the impossibility Coke 5. part 21. A. Mains case 7. part 15. A. Englefields case Fitsherbert covenant 29. But if the trees are thrown down by Tempest it lyes not 40 Edw. 3. 6. A. Coke 1. part 98. A. Shelleys case But if the house be wasted by enemies or Tempest he ought to repair by reason of the covenant or build it 40 Edw. 3. 6. A. Moris Doct. et Stud. 66. B. 29 Hen. 8. Dyer 33. pl. 10. Lessor is bound by express covenants or covenant in law Against a Lessor if he outs his Termor Nat. br 145. L 21 Edw. 4. 30. pl. 25. Coke 9. part 80. A. 32 Hen. 6. 32. pl. 27. Parson leases his glebe and resignes covenant lyes against him because it is his own act and wrong 12 Hen. 4. 3. Where a Parcener upon partition covenants to sue the other assignes his estate to B. which covenants against the covenantor and good Coke 5. part 17. B. 42 Edw. 3. 3. If one become pledge for another to perform such a Covenant the Action lyes against the pledge Nat. br 146. B. But then he ought to charge him as principal 39 Edw. 3. 9. pl. 14. Or shew that the Principal is not sufficient 40 Edw. 3. 5. Covenant 16. It lyes against a Successor Lib. intr 136. B. Sect. 2. It lyes against him that should make a Deed Nat. br 146. â— For what things Covenant lyes 1. Personal 2. Real Guardian in Soccage grants the custody to A. which covenants to render Account to the Heir at full age Covenant lyeth for not doing of it Regist orig 165. B. Nat. br 145. H. Covenant lyes against him that doth not according to his Covenant in deed Nat. br 145. A. But if it be not by deed it lyes not Regist orig 165. B. Nat. br 145. A G. 7 Rich. 2. deeds 160. Nat. br 168. F. 14 Hen. 4. 26. Unlesse it be in London by Custome Nat. br 146. A. 22 Edw. 4. 2. pl. 6. Vavisor 27 Hen. 6. 10. Covenant 11. Doctor Hector had a Pattent that none should bring over Spanish wool but him c. he by his indenture grants this to another which by the same indenture covenants to pay yearly 100 l. with this proviso that if he pay not the indenture to be void yet Covenant lyes for this that it was due before Mich. 9 Eliz. Ban. Regis Doctor Hectors case A. gives a Mill to B c. that nec ego nec haeredes mei construemur molendinum ni c. Covenant lyes against the Heir if he or his father erect a Mill 4 Edw. 3. 130. pl. 71. Termor deviseth to his wife during her widdowhood the remainder to C. and dyes Lessor sells the Fee to the wife covenants that he should discharge all former Titles c. she marries C. in the mean time Covenant lies against the Bargainor Coke 10. part 52. Lampels case A. leases to B. for years if C. lives so long and covenants that he had power to do it C. being dead at the time Covenant lyes if A. had not a good estate in it Coke 9. part 60. Bradshaws case A. leases to B. for years lands in which C. had a Coppie-hold estate and covenants that the Lessor suffers him quietly to hold the same without trouble either of the Lessor or any other B. enters C. outs him Covenant lyes not because all the sequel depends upon this word suffer the which extends only to the Lessor and his Executors and Assignes 9 Eliz. Dyer 255. pl. 4. A. leases to B. for years and covenants quod pacifice gauderet c. sine interruptione alicujus Covenant lyes if any interrupt them 16 Eliz. Dyer 328. pl. 8. Lessor covenants that the Lessee shall quietly and peaceably have c. without the disturbance or hindrance of the Lessor the Lessor sues the Lessee in Chancery and supposes that the Lease was only made to try a Title an Action of covenant lyes not for such breach Trin. 11 Jac. com Ban. Rott 384. Selby versus Shute Lessee by deed Poll shall have a Covenant against the Lessor if he out him Nat. br 145. L. 35 Hen. 8. Dyer 57. pl. 24. Shelley But not upon outing by a stranger without Title Nat. br 145. L. 22 Hen. 6. 52. pl. 26. Hill 12 Jac. Com. Ban. Tisdale Essex Although it be by Recovery by Verdict Coke 4. part 80. B. Nokes case But if a stranger hath title then it lyes Nat. br 145. L. 32 Hen. 6. 32. pl. 27. Nedham But Tenant for life shall not have covenant for such outing Nat. br 145. M. 26 Hen. 6. Covenant 10. If it be not exprest Nat. br 145. M. Lessee for years shall have Covenant upon a demise and grant Coke 4. part 80. B. Nokes case 5. part A. Spencers case Lease for years with warranty the Lessee outed shall have Covenant 26 Hen. 8. 3. pl. 13. by all 9. Eliz. Dyer 257. pl. 13. Tenant for an anothers life leases for years with warranty he that hath the life dyes the first Lessor enters Covenant lyes 32 Hen. 6. 32. pl. 27. 9 Eliz. Dyer 257. pl. 13. But if it be without warranty it lyes not 9 Eliz. Dyer 257. pl. 13. A. covenants to serve B. for years
Dyer 271. pl. 26. 15 Eliz. Dyer 322. pl. 15. 41. Assiz 15. Coke 9. part 87. A. It lyes not against an executor upon a taylee ensealed by the Testator 12 Hen. 4. 23. 25 Edw. 3. 40. pl. 9. It lyes not upon a simple contract but if he plead in barr and it be found against him it shall com 182. A. 10 Hen. 6. 24. So in London by Custome 1 Edw. 4. 6. Lessee for years grants his Terme his executor shall not be charged for Rent due after his death Coke 3. part 24. A. Walkers case Debt for one retained according to the statute it lyes against the executor without specialty 2 Hen. 4. 14. 4 Hen. 6. 19. Goaler refusing one committed by the Colledge of Physitions forfeits double the Fine per Marleb 1. cap. 9. If a man Levy Ayd for the marring of his daughter and dyes if his executors have not sufficient Debt lyes against the heire Nat. br 83. A. per Westm 1. cap. 35. Nat. br 122. G. Debt lyes against an heire upon the obligation of his father if he hath assets and be bound Nat. br 120. C. et I. But if he alien the Assetts before the Action brought he shall not be charged Coke 5. part 60. A. Regist orig 140. A. 27 Edw. 3. 7. B. 10 Hen. 4. pl. 14. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 3. 32. pl. 22. Unlesse it be fraudulent to deceive creditors Coke 5. part 60. Gooches case And if they be heires in Gavill kind they shall all be charged 7 Eliz. 239. pl. 39. Dyer the count Lib. intra 208. D. 11 Edw. 3. debt 7. But if all alien but the eldest he shall be charged sole The count against an heire Lib. intra 172. B. sect 1. No. Lib. 126. B. The count needs not shew that he hath assets for it shall be intended unlesse the contrary be shewed 18 Eliz. Dyer 344. pl. 2. 11 Hen. 6. 2. pl. 6. But nothing by descent in fee-simple is a good bar by him Lib. intra 172. B. sect 1. the day of the purchase of the writ But debt lyes not against an heire upon a statute Marchant Staple or Recognizance because he is not bound Coke 3. part 15. A. Harberts case Goaler suffers an escape his heir shall not be charged 15 Eliz. Dyer 322. pl 25. Grandfather father and sonne or father and his two sonnes or Grandfathers two sonnes who have two sonnes the heire mediate shall be sued in debt as well as if they were immediate heirs 22 Eliz Dyer 368. pl. 14. 7 Eliz. Dyer 239. pl. 39. Right shall not be assetts Disseisee obliges him and his heirs and dyes this is not Assets for it is but a Right discened Pasch 6. Jac. com Ban. Molineux versus Molineux Right without an estate in possession Reversion or remainder is not Assets untill it be reduced into possession Coke 6. part 58. Bredimans cases Land in antient demeasue shall be assets 7 Hen. 4. 14. pl. 11. Coppyhold Land is not assets to the heire Coke 4. part 22. A. If an heir alien bona fide before the Action brought it shall not be assets Coke 5. part 60. A. Gooches case 27 Edw. 3. 78. pl. 16. 10 Hen. 7. 8. pl. 17. 19 Hen. 6. 46. pl. 95. 42 Edw. 3. 10. pl. 12. 48 Edw. 32 pl. 22. If Land descend to the heire although he enter not yet it is assets 42. Edw. 3. 10. pl. 12. The Grandfather makes a feoffement in Fee to the use of the heire of his body and dyes per 26 Hen. 8. the father enters and obliges him and his heirs and dyse quaere 182. Marie Dyer 111. pl. 46. Reversion expectant upon an estate Tayle is not assets because it lyes in the will of tenant in tayle to Dock and barr it at his pleasure Coke 6. part 58. B. Bredimans case et 42. A. Mildmays case Franktenement descendible express is not assets Coke 10. part 98. A. Seymors case Rent-seck descendable is not assets untill seisin Coke 6. part B. Bredimans case If the heire had not Assets in debt and afterwards assets come to his hands the first judgement is no barr of the action 19 Hen. 6. 37. A. Markham The profits of the heire at the time of the descent are sufficient and this shewed to the Court and the heire cannot deny it there shall be a general judgment against him per Dyer 18. Eliz. Dyer 344. pl. 1. The heir confesses the action and sayes that he had nothing but a Reversion descended to him there the Plaintiff shall have judgement to recover the said reversion to be levyed when he comes in possession and shall have a speciall writ of extent 23 Eliz. Dyer 373. pl. 14. If the father recover and error be brought against the sonne and a recovery against him he shall not render damages unlesse he hath assetts of other Land in Fee-simple If one be robbed he shall have debt against the Hundred per 27 Eliz. cap. 13. Debt lyes against a leessee at will for rent during the Term Coke 5. part 10. So against a lessee for years Nat br 120. H. And this during the term Coke 4. part Or after the term ended by effluction of time Coke 3. part 23. B. By limitation By condition in law In deed Common Law Nat. br 120. H. Statute Law ' 19 Hen. 6. 42. A. wast Nat. br 120. H. reentry Coke 3. part 23. B. Walkers case 30 Edw. 3. 7. 17 Edw. 3. 48. et fol. 73. pl. 107. It lyes not against tenant for life so long as his estate continues Coke 4. part 49. A. 11 Hen. 6. 14. pl. 4. But yet by the Statute 32 Hen. 8. cap. 37. the executors of a Lessor shal have debt during the est ate for life Coke 4. part Debt lyes not against the Master upon the buying of the servant unlesse it comes to his use or by his assent Doct. et Stud. 137. A. Debt lyes against an Ordinary when a man dyes intestate Nat. br 120. D. Coke 5. part 83. A. Snellings case et 9. part 39. B. 11 Hen. 7. 1 2. 9 Edw. 4. 33. Danby 18 Hen. 6. 23. com 277. 8 Eliz. Dyer 247. The Ordinary administers and then grants administration yet debt lyes against the Ordinary but it was sayd that such administration ought to be alledged in the Dioces of the ordinary 12 Rich. 2. Administrator 21. But note no Debt lyes against the ordinary after that he hath committed administration to another 8. Eliz. Dyer 247. pl. 73. Debt was brought against the father for the sons commons in a Colledg in Oxon although the father had delivered it to the Tutor of the sonne Pasch 9. Jac. Ban. Regis St. Johns in Oxford against Brickenden Debt lyes against him that becomes pledge without deed Nat. br 122. K. 18. Edw. 3. 13. pl. 7. Finchden A. borrowed of B. 20 l. to pay it at Michaelmas at which day D.
executrix and devises his goods to her this is a good releas of the debt for if the obligee make the wife of the obligor his executrix this is a release in Law because it is suspended by the act of the party Trin. 12. Jac. com ban Fryer versus Gildridg A release of all advantages in account a good barr in debt upon an account 9. Edw. 4. 49. Coke 8. part 152. A. Althams case A. is bound to B. to the use of C. the release of C. is a good barr 36 Hen. 8. br obligation 27. Defendant said that the agreement was for the obtayning a benefice this is nought 1 the statute makes the contract void 2. It cannot be averred out of it Mich. 40 et 41 Eliz. com ban Gregorie versus Olden Defendant pleads that the obligee accepted of a statute for the obligation after the day this is no barr because the obligation is in force notwithstanding Coke 6. part 44. B. Higgins case The condition was to save the surety harmlesse no plea that the former bond was usurious because the counter bond was not for payment of money Mich. 40 et 41. Eliz. com ban ban Dowman versus Button The Judgment in debt The Judgement Lib. intra 173. B. sect 1. Arrerages of account the executor pleads no such account or nothing in arrere or outlary in the plaintiff and it is found against him the Judgement shall be de bonis Testatoris 34 Hen. 6. 22. A. Danby A covenant broken after the death of the Testator the Judgement shall be de bonis Testatoris 15 Eliz. Dyer 324. pl. 34. Nothing in Arrere in debt for rent due in vita testatoris or no such lease the Judgment shall be de bonis testatoris 34 Hen. 6. 22. A. Danby Accquittance or release pleaded and found against him if it be pleaded and made to the executor the Judgement shall be generall 11 Hen. 6. 8. A. Danby 34 Hen. 6. 24. A. Prisot Non assumpsit of the Testator to pay the debt the Judgement is of costs and damages of suit de bonis propriis if the Testator had not sufficient No. Lib. intra 1. B. sect 1. The executor found in a Cheft a graunt of the next avoydance made to the Testator and presentation there upon a Recovery in a quare impedit against him the Judgement shall be of his proper goods 34 Hen. 6. 22. B. Prisot Coexecutor pleades and found against him the Judgment shall be de bonis testatoris 9 Hen. 6. 44. 11 Hen. 6 7. 34 Hen. 6. 32. A. Confession of the Action by the executor the Judgment shall be generall against him because he ought to have pleaded that he had not more then 20 s. and against the other executor it shall be de bonis testatoris 14 Hen. 4. 12. pl. 1. Hull And by 33 Hen. 6. 2. it shall be of the goods of the testator if he hath none for damages of the goods of the executor that confesses the action But 4 Eliz. Dyer 210. pl. 23. it shall be but de bonis testatoris against both 28 Hen. 6. 3. pl. 13. 40 Edw. 3. 2. pl. 3. So in a Rationabili parte bonorum upon confession of one executor 28 Hen. 6. 4. pl. 20. 33 Hen. 6. 24. pl. 1. Ne unques executor found against him shall be generall 11. Hen. 4 5. 11 Hen. 6. 8. A. Danby But the Judgment shall be de bonis testatoris si c. and if not de bonis propriis 9 Hen. 7. 15. pl. 1. 2 Edw. 4 4. 33 Hen. 6. 23. 11 Hen. 6. 10. B. One pleads ne unques executor the other plene administraevit but 40 s. and found against the former and Judgment given that there should be recovered against both as much as there was in their Hands and the residue against the other 11 Hen. 6. 37. B. Paston 46 Edw. 3. 9. B. One dyes intestate and Administration is committed to D. by the ordinary and he comes as servant to D. to administer absque hoc that he did administer in any other manner this is no plea because he did not shew that it was the ordinary of the place and Judgment de bonis testatoris 31 Hen. 6. 13. pl. 5. 17 Edw. 3. 20. pl. 58. where an executor pleaded non est factum and found against him there the Judgment against him for all of the goods of his own as well as of the goods of the testator and against the other of the goods that he had at the day of the writ vide 17 Edw. 3. 20. pl. 1. stat 9. Edw. 3. cap. 3. statute 1. 17. Edw. 2. 46. pl. 3. Plene administravit the Judgment is for so much of the principall as they had and for damages de bonis testatoris si c. and if not then for damages de bonis propriis and for the residue as much as they had Coke 8. part 134. Shipleys case 34. Hen. 6. 32. B. Prisot com 440. B. Pepyes case vide 17 Edw. 3. 66. pl. 83. 46 Edw. 3. 9. pl. 6. Judgment speciall for the debt Upon such plea the defendant prays execution forthwith because it is a confession of the debt but no execution untill the defendant had goods of the testators Coke 8. part Shippleys case vide 21 Hen. 6. 40. But if it be found to the defendant no scire facias lyes against them 4 Hen. 6. 4. pl. 8 Unlesse he prays Judgment upon the plea. But yet 33 Hen. 6. 24. pl. 1. is that a scire facias lyes yet Coke 8. part 53. A. Syms his case that if it be for land he shall not have a scire facias because there is no record upon which it may be founded If the heir confesse the action for as much as did descend then there shall be a special Judgment against him of so much as did descend Com. 440. A. Pepyes case 22 Eliz. Dyer 373. pl. 4. the Judgment Lib. intra 172. D. But if he plead any other plea and it be found against him the Judgment shall be generall Com. 440. Pepyes case So if he confesse the action and shew as much as descends if it appear to the court that the profits from the time of the descent untill the time of the execution are sufficient for the debt per Dyer 18. Eliz. Dyer 344. pl. 1.  1. For the plaintiff  2. For the defendant Execution in debt 3. Of what Lands  4. Of what goods At the common law it was but a scire facias Coke 3. part 12. or a levari facias Coke 3. part 12. A. and this is of chattells and profit of Lands and Rents com 441. A. Pepyes case And this only within the year for if the year were past the party was put to his action of debt Coke 3. part 12. A. Harberts case unlesse the proces be continued 33 Hen. 6. 49. pl. 33. But for Recovery against an heir then it was but one Liberate com
intra 253. C. Sect. 11. Coke 9. part 77. B. Petoyes case Com. 187. Wortleyes case It lyes against a stranger that wrongfully outs one 6 Rich. 2. Ejection firm 2. 21 Edw. 4. 30 pl. 25. Brian Nat. br 220 F. Coke 9. part 80. A. 32 Hen. 6. 32. 27. S. It lyes not against a Feoffee of a Lessor because he cannot do wrong Nat. br 198. A. 21 Edw. 4. 10. pl. 1. Choke 21 Edw. 4. 30. 32 Hen. 6. 32. pl. 27. 38 Edw. 3. 33. pl. 44. Unless the Feoffee make a Deed presently upon the outing then it lyes against him Nat. br 198. A. Or enter upon the Lessee afterwards that the Lessee had entred upon him Nat. br 198. A. Lessor grants a Reversion to A. the Lessee attornes A. outs him the Lessee shall have an ejectione firmae Nat. br 221. A. 1 Hen. 5. 3. pl. 3. It lyes against the Heir of the Lessor Nat. br 198. K. It lyes against the Lessor 〈◊〉 outs the Lessee Nat. br 220. F. 21 Edw. 4. 10. pl. 1. Choke 30. pl. 25. 38 Edw. 3. 33. pl. 44. Coke 9. part 80. A. Nat. br 198. K. Lessor suffers a Recovery the Recoveror outs the Lessee he shall have an Ejectione Firmae against the Recoveror by the equity of the Statute 21 Hen. 8. cap. 15. Nat. br 220. J. 198. E. It lyes against the Lord per Escheate which outs one Nat. br 221. I. B. 198. K. It lyes against the Lord of a Villeyn which enters upon the Termor Nat. br 221. C. 198. K. It lyes against Tenant in common per his companion Littleton 73. A. Of what things an Ejectment lyes It lyes upon a lease for Cattel because it is a personall thing 1 Hen. 6. 1 Cottesmore It lyes of Wood Com. 223. B. Barkeleyes case the count there It lyes of a chamber Mich. 30. Eliz. ban Regis Brand against Cage It lyes of Tythes per 32 Hen. 8. cap. 7. 2. 3. Mariae Dyer 116. pl. 17. the count ought to shew the nature or quality of the Tythes Coke 11. part 24. B. Harpers case It lyes of a Garden Barn and Tyths 9 Eliz. Dyer 258. pl. 16. But if all the Tything consists of a modus decimandi and a lease made thereof ejectione firm lyes not Coke 11. part 25. B. Harpers Case It lyes of a water-course Com. 288. B. Brown Regist orig 227. B. It lyes of a Hundred because it is liberum tenementum 15 Hen. 7. 8. Pl. 1. It lyes of a Mannor and the Writ Regist orig 227. B. Nat. br 220. G. Com. 229. A. Barkleys Case The Count. Lib. intr 252. A. Sect. 4. Count of a demise of 300 Acres by the name of a Mannor habendum Manerium cum c. and good 13 14 Eliz. Dyer 340. pl. 5. 7. It lyes of a Messuage Coke 11. part 55. A. Savels Case The Count No. Lib. intra 184. A. Sect. 1. 3. 197. C. Sect. 7. Lib. intra 252. B. Sect. 5. 6. Coke 1. part A. Pelhams Case It lyes of a House goods and Chattels The Count Lib. intra 252. B. Sect. 7. It lyes de medietate Messuagii Lib. intra 256. D. Sect. 14. The Count Com. 459. B. Studs Case It lyes de tribus partibus duorum Messuagiorum No. Lib. intra 195. D. Sect. 6. It is not formal to have it of a Chappel but shall be of a House Coke 11. part 25. B. Harpers Case For the Plaint in Assize shall not be of an Hospital but shall say Messuage 8. Assize 29. It lyes of a Mill No. Lib. Intra 192. A. Sect. 5. It lyes of 300 Acres of Pasture the Count Lib. intra 251. D. Sect. 2. It lyes of pasturing of an Oxe Com. 228. B. Brown Regist 227. B. It lyes of 100 Acres of Meadow Lib. intra 252. A. Sect. 13. It lyes of a Rectory 15 Hen. 8. pl. 1. 16 Hen. 7. 8. pl. 6. 13 14 Eliz. Dyer 304. pl. 25. The Count Lib. intra 253. A. Sect. 9 10. It lyes not of a Reversion Com. 159. B. Thracies Case per Dyer It lyes of a 100 acres of Land the Count Lib. intra 251. C. Sect. 1. But it lyes not of a Close containing three acres but shall be of so many of the acres by name Coke 11. part 55. Savels Case For by Crooke Justice Mich. 15 Jac. Wicks Sparrow the Land of every man is enclosed and therefore an Ejectione firmae cannot lye of it for the incertainty But Coke 11. part 55. Savels Case was it seems that if it be of a Close containing three acres of pasture it is good because the quantity is shewed and so it was adjudged Mich. 15 Jac. ban Regis Wicks et Sparrow It lyes not of a piece of ground called Michels piece Trin. 38 Eliz. ban Regis Rott 450. Palmer Humphreys It lyes not of a virge of Land 38 Eliz. Rott 453. Mell versus Moor. The Count Generally If it be of a Lease made by a Bishop it ought to count upon the Deed No Lib. intra 186. D. sect 2. But if it be of a Lease made by the Husband and Wife it needs not count that it was by Indenture Lib. intra 252. C. sect 8. Coke 2. part 61. B. Wiscots case If it be of a Lease made by a Person tunc adhuc seized of the Reversion it is good without averring of the life of the Person 13 14 Eliz. Dyer 304. pl. 52. If the count be of a Lease made by three where two have nothing in it it is not good although they joyn in the Lease but contrary by him that hath right per Williams Crooke Mich. 10 Jac. Ban. Regis Longs case A Lease to commence at Mich. next after the death of A. the count ought to shew that A. is dead 1 Mariae Dyer 97. pl. 46. fol. 89â— 19 Eliz. Dyer 357. pl. 46. Counts that A. demised to him per Indenture dated 27 Martii 11 Jac. primum delibat 10 deâ—imo Aprilis eodem anno for 21 year till Mich. next before and the ejectment 1â— Aprilis this is good or he may count that by Indenture dated 27 Martii primum deâ— libat 10 Aprilis Mich. 11. Jac. ban Regis Michels case The count upon the Imparlance Roll waâ— upon a Lease made 10. of December 10 Jaâ— and upon the plea-roll it was upon a Lease made 30 Januarii 10 Jac. habendum 20 of December before this is not good Hill 14 Jac. Milward Wats Ban. Regis The count was that he was seized and so seised leased 9 Eliz. Dyer 258. pl. 16. Com. 416. A. Bracebridges case Com. 187. A. Adams case Com. 223. B. Barkleys case Com. 530. B. Howel Crofts case But 14. Eliz. Dyer 340. pl 57. doeth not count of the seism Coke 11. part 3. B. Coke 3. part 16. A. Borastons case Coke
Tenant in Dower cannot distrain for arrearages due before the Recovery 40 Edw. 3. 22. pl. 19. Lease of Tythes rendring rent there shall be no distress because the Tythes are the thing leased 11 Hen. 4. 40. A person claims rent by prescription and distrains for it Lib. intra 557. Charge 1. A. grants a rent Charge to B. in Tayl and if the Bayly of the King distrained that the party might distrain 46 Edw. 3. 18. Rent granted by Fine and Distress appointed to the Justices of the Com. Ban. or Barons of the Exchequer they may distrain 38 Edw. 3. 33. Of what things a man may distrain Money cannot be distrained unless it be in a bag sealed 22 Edw. 4. 50. B. pl. 17. 41 Edw. 3. Distress 14. Cattel in a Waggon may be distrained but out of a Waggon not 2 Hen. 4. 15. pl. 17. 41 Edw. 3. Distress 14. 22 Edw. 4. 50. 11 Hen. 7. 14. pl. 8. 21 Hen. 7. 39. pl. 55. because there can be no Returne neither a Replevin lyes of them The Lord cannot seize the Cattel and put them in a Waggon and then distrain them 18 Edw. 3. 4. A Horse at the Smiths Shop garment in a Taylors Shop a Horse in an Hostrey shall not be distrained but if the Saddle be on the back of the horse when he is at the Shop he may be distrained 22 Edw. 4. 40. pl. 15. 15 Rich. 2. Avowry 19. A horse upon which I ride over my ground the Lord cannot pursue and take him as a Distress 6 Rich. 2. Rescous 14. A horse of any man shall be distrained through the whole Village for all the Fees of the Knights of the Parliament 11 Hen. 4. 2. If a man be taxed to Fifteens having Cattel levant in another village when they come within the Parish they shall be distrained 1◠Edw. 3. 11. pl. 39. A Horse of a stranger escapes in the land of him that hath lost Issues he shall be distrained as it seems 5 Hen. 7. 1. If the best beast be estrayed the Lord may distrain any cattel in the Land 27 Assize pl. 24. A Goshawk distrained and the distress justified 16 Edw. 4. pl. 9. Fishes in a Pond cannot be distrained Crooks Reports 188. Hive of Bees shall be distrained as it seems for a Replevin lyes of them Nat. br 68. D. Door or Window is not distrainable 11 Edw. 3. Cessavit 21. 21 Hen. 7. 26. 14 Hen. 8. 25. Brudnel Milstone that is severed for pricking shall not be distrained 14 Hen. 8. 25. An Anvil shall not be distrained 14 Hen. 8. 25. A Barge was distrained by prescription 3 Mariae Dyer 117. pl. 73. The Lord distrained cattel for services before they were Levant and Couchant 4 Edw. 3. 37. Issue joyned 8. 22 Hen. 6. 37. 15 Hen. 7. 17. Doct. Stud. 15. A. Sheep shall be distrained if other distress cannot be found at the day of the distraining 29 Edw. 3. 16. Cattel of the Plough shall not be distrained if there be other Distress sufficient 14 Eliz. Dyer 312. pl. 86. Cattell delivered by the Shrieve to the Tenant in Dower for seisin of Rent shall not be distrained for arrearages 40 Edw. 3. 22. pl. 19. Yarn brought upon a horse to a neighbour to weigh this the Lord cannot distrain for Rent because it was brought for a special intent Mich. 39 40 Eliz. Com. Ban. Burleigh versus Read Cattel put into black Acre and they stray into white Acre through default of enclosure shall not be distrained 22 Eliz. Dyer 365. pl. 33. A. ought to inclose against B. and leases to C. for 21 years which leases to D. for ten years rendring Rent the Cattel of B. for default of enclosure escape and pursues them C. cannot distrain for no default was in the owner of the Cattel 15 Eliz. Dyer 317. pl. 9. vide 39 Edw. 3. 3. pl. 12. What Person shall distrain A Commoner shall distrain for damage fesant and is not tyed to shew per quod amisit Communiam No. Lib. intra 573. D. sect 4. 24 Edw. 3. 42. pl. 23. Coke 9. part 112. B. 46 Edw. 3. 23. 15 Hen. 7. 2. 7 Edw. 3. 266. pl. 39. 13 Hen. 8. 15. Tenant at sufferance distrains damages fesant 4 Hen. 7. 3. He to whose use before 27 Hen. 8. could not distrain because he had nothing in the Land 15 Hen. 7. 2. pl. 4. Sheep bayled to a woman sole to dung her land who takes a Husband who commands the Owner to take them again who refuseth the husband may distrain them damage fesant 43 Edw. 3. 32. pl. 3. The Lord distrains cattel because the Tenant puts in more then he ought in the Common 46 Edw. 3. 12. pl. 13. A. sold 50 Acres of Moor to B. yet every one of them ought to inclose against the other and if the cattel of the one go into the Land of the other they shall be distrained damage fesant 23 Eliz. Dyer 372. pl. 10. At what time a man may distrain For Rent-services he shall not distrain in the night 11 Hen. 7. 5. pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3. 21. Coke 9. part 66. A. After the Terme ended no distress 14 Hen. 4. 31. But 22 Hen. 7. 96. pl. 5. by all if a Lease for years be ended and the Lessee keeps in the Lessor shall distrain for the arrearages A Lease till Mich. for one year rendring rent at Mich. he cannot distrain because the Lease is ended at the Instant Doct. Stud. 74. A. Husband leases the Wife dyes without Issue the Husband cannot distrain because the reversion goes to the Heir 9 Hen. 6. 45. 28 Hen. 8. Dyer 28. pl. 191. A. leases for years and grants the reversion to B. yet if the Cattel of B. comes upon the Land A. shall distrain during the Terme 10 Edw. 4. 4. tamen Quaere For damages fesant in the night Assets good Coke 9. part 66. A. Mackally's case 11 Hen. 7. 5. pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3. 21. A. enters upon condition broken and takes the Cattel of the Lessee damage fesant Quaere 5 Eliz. Dyer 322. A man distrains damage fesant although the owner makes fresh suit 7 Hen. 7. 1. pl. 11. 11 Hen. 7. 4. pl. 11. 10 Hen. 7. 21. Doct. Stud. 15. è contra In what place a man may distrain A man fined in a Leet being one of the Deziners shall be distrained through all the Jurisdiction of the Leet although that he be of the other Dezin Coke 11. part 45. A. 11 Hen. 4. 89. 13 Hen. 4. 9. A man shall distrain in any place within the precinct of the Court 19 Edw. 3. 2. Avowry 225. 8 Rich. 2. Avowry 194. 47 Edw. 3. pl. 12. For amerciament in the Shrieves Tourne he may distrain throughout the County 12 Hen. 4. 24.
pl. 17. 13 Hen. 4. 9. 8 Rich. 2. Avowry 194. If a man had a Leet within his Mannor he cannot distrain out of his Mannor 4. Edw. 3. 96. pl. 26. For a tax by the Parliament a distress may be justified through out all the Village 11 Hen. 4. 2. 18 Edw. 3. 11. pl. 39. Fishing lying within tenure a man may distrain in it for it seems that the soyl passeth 40 Edw. 3. 45. A man may seize his Heriot service in any place that he shall finde him although not within his Fee 6 Edw. 3. 208. pl. 3. The Lord may enter the House of his Tenant to distrain if the door be open 38 Hen. 6. 26. pl. 4. If the Lord finde the house fast with a bar and he break it open and distrain this is wrongfully 8 Edw. 2 Distress 21. The beasts of a stranger escape into anothers Land and the Owner chaces them out before and the Lord comes and distrains them yet it is otherwise if they go out of their own accord without chacing 11 Hen. 7. 4. pl. 11. Com. 38. A. Plats case 2 Edw. 4. 6. B. Littleton 33 Hen. 6. 52. pl. 39. 34 Hen. 6. 18. B. Yhe Lord distrains the Cattel of the Patron within his Glebe 33 Hen. 6. 35. Littleton A man cannot distrain but in the place leased unless the Lessee grant it in other Land 9 Hen. 6. 9. The Lord distrains in his Fee the Tenant chaces them out of his Fee he may take them again 44 Edw. 3. 20. pl. 18. Bayly attaches a horse which is rescued and brought into another County he shall make fresh suit and take him again 33 Hen. 6. 52. pl. 39. 33 Hen. 6. 550. pl. 46. A. distrains and puts them in the pound the owner takes them out A. may take them again in any place 34 Hen. 6. 18. pl. 33. If one puts his Cattel in the Land charged they shall be distrained although they are neither Levant nor Couchant otherwise if they escape 15 Hen. 7. 17. pl. 13. Quaere by the 18 Edw. 2. Avowry 219. if the cattel that escape shall not be distrained for damage fesant 2 3 Mariae Dyer 117. pl. 73. Distress for an annual sum upon the river of Thames What Distress shall be sold Distress taken in Court a Leet shall be sold Although that a common person be Lord of the Leet 3 Hen. 7. 4. pl. 15. Fairfax Distress taken by a Bayly of a Lord of a Leet for forfeiture of Inmates and sold by force of a grant of the Steward in nature of a Scieri facias No. Lib. intra 666. A. Sect. 14. Distress taken for a Fine touching High wayes shall be sold per 18 Eliz. cap. 10. What shall not be said a Distress excessive No distress shall be said excessive for Homage 42 Edw. 3. 26. pl. 11. Belknap 27. assize pl. 51. Coke 4. part 8. B. Bevils case 28 assize pl. 50. So likewise for fealty 27 Assize pl. 51. 28 Assize pl. 50. Coke 4. part 8. Bevils case A man distrains four horses and a Cart for 2 s. rent this is not excessive because they are fixed to the Cart otherwise if not fixed so of a fold of Sheep 20 Edw. 4. 3. 1. The Bar. 2. Justification 3. Conusance 4. Avowry No Bar that the Plaintiff is possessed of the Cattel Nat. br 69. H. That he took them not a good Bar Lib. intra 561. B. Sect. 1. 565. C. Sect. 1. 2. 19 Edw. 3. Ayde 28. Claime property 26 Hen. 8. 6. pl. 27. 31 Hen. 6. 12. This may not be by way of Avowry 31 Hen. 6. 12. Replevin of grain a good Bar it was his Wives that the Plaintiff surrendred it to her 30 Edw. 3. 9. pl. 3. When a man cannot have the thing for which he distrains then he may justifie and not avow per Curiam 19 Hen. 6. 41. pl. 83. But 22 Edw. 4. 36. B. e Contra. Collow If a man distrains for services and the Tenant dye in Repleg by the Executors he shall justifie but not avow 17 Ed. 3. Executors 106. Because he cannot have a return for the same thing 22 Edw. 4. 36. B. Collow If a man distrain for services he may justifie or avow at his Election 15 Edw. 4. 29. For in every case where he may avow he may justifie sed non e contra 5 Edw. 4. 6. Young A man may justifie for rent determined but not avow Mich. 33 34 Eliz. Com. Ban. Goddards case Tenant at sufferance may justifie a distress for damage fesant 4 Hen. 7. 3. pl. 6. Conusance for damage fesant in frank-tenant of his Master 10 11 Eliz. Dyer 280. pl. 15. 21 Eliz. Dyer 365. pl. 32. Conusance as Bayly of A. and that he took them damage fesant in the land that his Master had for years 2 3 Mariae Dyer 117. pl. 76. Conusance as Bayly to the parson of D. which claims rent by prescription and a distress and good Lib. intra 557. Charge 1. He cannot avow for rent determined but may justifie Mich. 33. 34 Eliz. Com. Ban. Goddards case 1. Avowries for Rent-services are four per Common Law andby Statute Law Coke 9. part 134. B. Ascoughs case 2. Upon one as upon his Veray Tenant by the manner scil when the Tenant leased for life or a gift in Tayl remainder over in fee 20 Hen. 6. 9. B. But then the Lord ought to shew this in his Avowry 15 Edw. 4. 12. A. Catesby vide 4 Hen. 6. 14. pl. 11. 3. Upon one as his Tenant per the manner when the Lord hath but in Tayl or a lesser estate in the Lordship or when the Tenant hath a lesser estate then fee simple 21 Hen. 6. 22. pl. 2. 2 Hen. 4. 24. pl. 13. Haâ—kford 4. Upon the matter in the Land as within his fee and signory 38 Hen. 6. 23. pl. 7. 5. Upon the Land by any Lord per 21 Hen. 8. Cap. 19. as in Land within his see and Signory without making Avowry upon any person certain Coke 9. part 136. Ascoughs case Who shall avow An Administrator shall avow for rent due in the life of the Testator per 32 Hen. 8. Husband and Wife in right of the wife for rent-service Lib. intra 555. D. Sect. 6. Or for Rent due to the wife afore Coverture 4 Hen. 6. 13. But one cannot make Conusance as Bayly to the Husband and Wife because a Feme covert cannot make a Bayly 13 Hen. 4. Avowry 198. He to whose use before 27 Hen. 8. cannot avow for damage fesant in his own name because he hath nothing in the Land at common Law but occupation at sufferance of the Feoffees 15 Hen. 7. 2. pl. 4. fol. 12. pl. 23. fol. 13. pl. 1. Crooke 17. Hen. 7. 41. pl. 2. But may justifie in the names of the Feoffees Crooke 17 Hen. 4. pl. 7.
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.
or Service upon a guift in Tayle or other particular estate Coke 8. part 65. A. Fosters case What Seisin shall be good Seisin of the Superior service is seisin of all inferiors because they are incident to it Coke 4 part 8. Bevils case Seisin of Escuage is seisin of Homage Coke 4 part 8. Seisin of Homage is seisin of Fealty Coke 4 part 8. Seisin of Homage is seisin of the Superior or Inferior Seisin of Homage is sesin of Escuage 13 Edw. 4. 5. and is seisin of Relief 13 Edw. 4. 5. Seisin of fealty is seisin of all because he takes an oath to do all Coke 4 part 8. A. Bevills case 44 Edw. 3. 11. 8 Hen. 6. 16 Seisin of annuall service is seisin of every casuall service Coke 4 part 8 9. Bevills case 20 Edw. 3. Avoury 121. 7 6. B. avoury 69. Rent is seisin of fealty 29 Edw. 3. 21. A. 3 Edw. 2. avowry 188. Seisin of annual service is not seisin of other annual service because it is the folly of the Lord because he did not obtain that which is annuall Coke 4 part 9. A. Bevills case 16 Eliz Dyer 330. Reservation the former year one Rose and afterwards 20 s. per annum the seisin of the one gives the seisin of the other Coke 4 part 9. Bevills case The Lord recovers damagefor suit this is a good seisin of the suit Coke 4 part A. Bevills case 1. Note that seisin in law is sufficient seisin within the statute 35 Hen. 8. cap. 2. 1 because the intent of the Feoffors was to limit the time and not to exclude any seisin that was at Common law 2. the words being possession or seisin in the distjunctive make an actual seisin which referrs to the three former branches and seisin this is actuall or in Law which referrs to the fourth branch Coke 4 part 10. Bevills case Measnalty extinct per purchase of the tenant the old seisin doth suffice for the Rent-seck Coke 4 part 9. A. 2 Edw. 2. extinguish 6. A Signory granted upon condition which is broken the antient seisin sufficeth for the distress is in lieu of the entry Coke 4 part 9. B. Bevills case Bar to an Advoury Tender of amends for damage fesant before distress or impounding is goodbut not afterward Coke 5 part 76. A. 8 part 147. A Doct. et student 112. b. Nat. br 69. G. Tender amends after distress and afore impounding the detainer is wrongfull and not the distress Coke 8 part 147. A. Carpenters case The tender of amends to the bayly is not good Coke 5 part 76. A. Pilkingtons case 1 Hen. 4 15 pl. 17. A claims common appurtenant to such a house pro omnibus averiis magnis and verdict given and it was resolved after verdict that although he doth not say suis it is good 2. although he sayd not common appurtenant Pasch 15. Jac. ban Regis Disclaimer a good barr Coke 9. part 34. Bucknalls case 15 Rich. 2. Avowry 214. Avowry because A. was seised in fee grants a rent to the avowant the other pleads that A. was seised in Tayl this is not good if he traverse not the seisin in fee 11 Eliz. Dyer 280. pl. 16. Out of his fee a good Bar and every Stranger to the Advowry shall plead it Cook 9. part 20. A. 34. 15 Rich. 2. Avowry Note Feodum dum homagium servitium non tenementum in dominico Bracton lib. 2. fol. 46. B. If one avow the other need not say he took them in the high Street but is put to his Action upon the Statute 11 Rich. 2. Avowry 87. Avowry for an Amerciament in Court baron de injuria sua propria a good bar for the Custom traversed Mich. 13. Jac. com Ban. Baker Banks The Plaintiff sayes that the Defendant ought to have inclosed and did not do it sufficiently Vide the pleadings 22 Eliz. Dyer 365. pl. 32. Conusance for damage feasant the other said that they are Coparceners this is good 10 11 Eliz. Dyer 280. pl. 15. Nothing in arreare a good Bar but no stranger shall plead it Coke 9. part 20. A. Release of Actions personals and reals pleaded in Bar of the Avowry for corrody granted with distress a good bar 27 Edw. 3. 81. pl. 13. When the Lord varies from the truth of the quantity of his services by reason of seisin there he cannot traverse the seisin Coke 9. part 33 A. Com. 94. B. Mantels case But if they vary of the quantity by reason of seisin there the seisin is traversable Coke 9. part 33. A. Bucknals case Com. 94. B. Mantels case 18 Edw. 2. Avowry 217. Not seised generally a good Bar for by this he shall have no remedy of the Lord Coke 9. part 34. B. Bucknals case 22 Hen. 6. 3 A. 30. Henry 6. Avowry 15. But if he avow and alleadg seisin by the hands of the Plaintiff or other the Plaintiff shall say never seised by his hands Coke 9. part 35. A. Bucknals case 22 Hen. 6. 3. A. The seisin is not traversable but for that only for which the Avowry is made Coke 9. part 35. A. Bucknals case 26 Henry 8. 1. pl. 1. unless seisin be alleadged of a superior service as if tenure be alleadged per Homage fealty and rent and avow for rent and seisin in all the seisin of the rent is only traversable Coke 9. part 34. A. But if it be of Homage fealty rent and escuage and avow for Homage and alleadg seisin in all there the seisin of escuage is traversable because this is seisin of all Coke 9. part 34. A. Bucknals case 21 Edw. 3. 52. 13 Ed. 3. Avowry 103. 19 Edw. 2. Avowry 224. 16 Edw. 4. 11. pl. 11. Tenure by homage fealty or escuage or suit and other services and seisin of all he may traversethe seisin of Homage and escuage 2. Edw. 3 21. pl. 4. Not seised within 40 years a good bar 32 Hen. 8 cap. 2. Coke 9 part 36. Bucknalls case 14 Eliz Dyer 315. pl. 101. But he that pleads this ought first to confesse a tenure to the intent that the Lord may have a writ of customes and services 15 Rich. 2. avowry 214. Coke 9 part 34. B. Bucknalls case But this is no plea in avoury for rent upon a grant or reservation by deed because the deed is the title Coke 8 part 65. A. Fosters case Or upon a gift in Tayle because the commencement is within the time of memory Coke 8 part 64. A. Fosters case 4 part 11. A. Bevills case Or if it be for casual services as homage fealty or to go to war because perchance it may not happen within 40 years Coke 4 part 10 11. Bevills case So if the Lord release to the tenant so long as A. hath heirs of his body because A. may have heirs a long time after Coke 4 part 11. A. Bevills case So