B. An assumpsit may be made in the absence of another if he will agree to it afterward 27 Hen. 8. 24. Generall Bar. 1. Concord pleaded Lib. intra 6. C. sect 6. 2. Non assumpsit and this a man may plead alhough there is no consideration Pasch 26 Eliz. Ban. Regis But if the former where upon an entire sum upon 2 assumpsits then no bar Trin. 14. Jac. Ban. Regis Paine and Selley A good Bar that he promised upon Condition which is not performed Lib. Intra 5. D. sect 1. Non emisset the Land of him a good bar Lib. Intra 6. B. sect 5. That the plaintiff discharged him of the bargain a good bar Lib. Intra 685. C. sect 1. Against him that sells land to me and promises to make an estate and doeth it not 3 Hen. 7. 14. 14 Hen. 8. 15. 21 Hen. 7. 41. 2 Hen. 7. 11. 12. 20 Hen. 7. 9. 22 Hen. 6. 44. 20 Hen. 6. 34. Lib. Intra 5. D. sect 1. and 685. B. sect 1. the writ Lib. intra 6. A. sect 2. 2. Against him that sells land to me and promises to give me seisin of it and does not Regist 112. A. 3. A. promises to convey land to such a person as B. shall name and shewes that he conveyed it to B. this is good for it shall be intended one nomination in so much that he did accept of it Mich. 13. Jac. com Ban. Huligo and Wilde 4. Against him that first sells land to me and afterward sells it to another Lib. intr 685. B. sect 1. Nat. br 98. F. 20 Hen. 6. 34 5. The same Law is if he grant a Rent and afterwards infeoffe me 20 Hen. 6. 34. Against one that promises to scoure his ditch and doeth not by which my land is drowned 3 Hen. 6. 36. Against an Alien that brought Salt to Landon and promises to the Major to pay so much as shall be due for Granage 18 Eliz. Dyer 352. pl. 27. Against the Lessor that promises that the Lessee shall enjoy pacifice et quiete and is expulsed by a trespassor 16 Eliz. Dyer 328. pl. 8. 1. Against him that promises to amend his house 19 Hen. 6. 49. 2. For not building a house according to his promise 2 Hen. 6. 55. 21 Hen. 7. 41. 20 Hen. 7. 9. 14 Hen. 6. 18. Nat. br 145. G. 3. Against him that promises to cover a house and doeth it not 3 Hen. 6. 36. 14 Hen. 6. 18. 4. A. Leases a house to B. at will and in consideration that he will permit him to enjoy it till such a day he promiseth to keep A. harmless from all damage ratione inhabitationis et occupationis messuagii praedicti and for every farthing hurt he will satisfie 2 d. upon request the servant of B. suffers the house to be burnt 1. the assumpsit extends to negligent waste because it is a damage to the lessor 2 the plaintiff ought to shew how many farthings he is damaged or else he cannot recover 2 d. for every farthing 3 he ought to request so many farthings due to him and to demand 2 d. for every one in a grosse sum 4 the promise to the tenant at will 5 he needs not to averre that he did there inhabit at the time c. for if he occupied it it is sufficient 6 by the assumpsit that B. should have it untill c. And it being a Lease for years ergo the action lyes not Mich. 9 Jac. Ban. Regis Coventry Woody Against him that promises to purchase land for me and doeth not do it he is not excused though B. will not sell it 11 Hen. 6. 18. 3 Hen. 7. 14. But if he be retained and do his endeavour he is excused 16 Hen. 6. action upon the case 44. Against him that promises to make B. to release me and doeth not 14. Hen. 6. 18. pl. 58. For not doing of a thing which ought to be done by the agreement of the parties touching Chattells 1. Against him that puts in Chattels without paying for the Agistment Nat. br 86. B. Regist orig 92. A. the writ there Against him that promises to pay 10 l. for 4 years and fails of the first payment Action lyes presently Coke 3. part 22. A. Walkers case 3. Marie Dyer 113. pl. 54. Against him that promises to cut trees and Carry them to my house Regist 109. B. Against him that promises an agreement and doeth it not Coke 5. part 77. B. Sammons case No. Lib. intra 3. B. sect 4. A. grants his terme to B. if C. agree B. promises 20 l. to C. for his assent this is a good assumpsit Trin. 12. Jac. com ban in the case Greisly and Louther 1. Against one that promises to redeliver money and doeth not Lib. intra 10. sect 1. 2. Against a Baylee that takes upon him to keep Cattle safe and doeth not Lib. intra 9. A. sect 1. fol. 3. B. sect 1. 3. But if he promise to guard the goods and after refuses no action lyes Doct. et Student 102. B. 1. Against a Carrier that undertakes to carrie goods safe ann doeth not 2 Hen. 7. 11. Lib. intra 2. D. sect 1. 2. Against him that promises to Carry wine and breaks the Pipe by negligence Regist 110. A. So if Oyle be carried Regist orig 112. A. Against him that promises 10 l. for the Curing a poor man Doct. et Student 104. A. For upon every promise if the party be charged with it an action lyes although the other have no benefit Doct. et Student 104. A. Against him who promises to make a Coach and doeth not Nat. br 94. A. But the plaintiff ought to Count that he did give money for the doing otherwaies it is but Nudum pactum unde non oritur actio 3 Hen. 6. 36. pl. 33. A. promises if B. will assist him in the gathering of the Tythes of Cheese and Apples and other Tythes till such a time he should have 20 s and shews that he did assist him so long in the gathering the said Tythes and good for non constat that there are other Tythes if there be they ought to be shewed by the other party Mich. 7. Jac. Ban. Regis Baker et Secker Against him that takes upon him to repair my Dove-house and doeth it ill Regist orig 110. B. Against him that promises to make a Crosse and doeth not Regst 109. B. A. promises to deliver a deed upon request the request ought to be shewed precisely otherways if it be of a thing due before or upon sale for in the forner case the request is traversable but not in the latter Pasc 28 Eliz. Com. Ban. Against him that promises to pay me as much as the other ought if I will discharge him of the prisoner 27 Hen. 8. 24. 1. Against a smith that takes upon him to shooe my horse and
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
Church wardens and Constables for forfeirures of Ale-house-keepers by them received Accompt against a Guardian in Soccage In what Court Accompt lyeth against a Gardein in Soccage IT lyes in the County or Common Ban. Nat. br 117. b. It lyes not before the Shrieve 43 Edw. 3. fol. 21. pl. 11. Thorp For Brooke Accompt 14. saith the Shrieve cannot assigne Auditors A good plea to say the Land is ancient demean because the reality may come in question Coke 5 part fol. 105. A. Aldens case It lies not in the Marshalsey Coke 10. part 74. b. Marshalsey Who shall have a Writ against Gardein in Soccage The Heir in ward shall maintain an Action after the age of fourteen yeers or at his full Age at his election Littleton But Nat. br 118. b. he shall not have it till the age of 21 years Crooke fol. 131. pl. 106. by reason of the words of Marlebridge cap. 17. scil cum ad aetatem pervenerit 3 4 Mariae Dyer 137. pl. 25. New tenures 3. b. 18. Edw. 3. 55. pl. 76. 29. Edw. 3. fol. 5. pl. 13. Vide Regist origin 136. Lib. Intra 21. D. 8 R. 2. Gard. 166. 10 Rich. 2. Account 132. Doct. Stud. fol. 14. b. old Nat. br 91. A. If the heir in such case dye before his full age his Executor shall maintain an Action of Account Crook 131. Pl. 106. Yet note the heir in Gavel-kinde at fifteen years brought an account against a Guardian in Soccage and shews by the Custome he may alien at such age and for this cause he was awarded to account per Welby 29 Edw. 3. fol. â— pl. 13. The Executor of an Heir shall have an Account per Westm 2. cap. 23. Littleton 27. A. Crooke 131. Pl. 106. Executor of an Executor shall have an Account by 25 Edw. 3. cap. 23. Com. 290. Filius Heres Domini defuncti non habebit breve de computo quia pertinet ad executionem administrationis bonorum defuncti Regist Orig. 135. b. Recusant shall not have an action for any thing that is seized into the hands of the King 3. Jac. cap. 5. Against what person Account lyeth as Guardian in Soccage Account lyeth against any that taketh the profits before the Ward be of the age of fourteen years Littleton Na. Br. 118. D. 4 Hen. 7. 6. 10 Hen. 6. 7. 13 Edw. 3. Account 77. 29 Ed. 3. 5. Pl. 13. But if one occupie and after Guardian in Soccage recover in right of the Ward the party shall not render an account to the Heir for the Guardian ought to account for this 27 Edw. 3. 79. Gard. 22. The reason is as it seems that the Writ doth not make mention of the blood Regist origin 136. b. neither the Count. Lib. intra Account lyeth not against an Executor of a Guardian Littleton Nam non jacet versus executores quia merè pertinet ad Curam Christianam cognoscere de compto reddendo versus executores Regist origin 135. b. 28 Hen. 8. Dyer 23. Pl. 145. But if Executors account an Action of debt lyeth for the Arrearages 2. Hen. 4. 13. Pl. 2. And if the Testator covenants to account to the Heir and doeth not Covenant lyeth against his Executor Regist origin 165. b. Nat. br 145. H. It lyes against a Woman 19. Hen. 6. b. Newton It lyes against the Husband and Wife 18. Edw. 3. 55. Pl. 76. For what things Account lyeth It lyes for woods and underwoods sold for â—ands Tenements Meadow Pasture also for Rents and services perquisits of a Court ad valentiam Lib. Intra 21. B. C. Marlebridge cap. 17. Respendeant de exitibus per aequalem computationem salvis ipsius custodibus rationabilibus misis suis For Fines of Copy-hold Land granted by one Trin. 1. Jac. Com. Bane Shopland versus Rider Rott 853. For the issues and profits of the Lands Littleton For the Marriage of the Heir if he marry before the Age of fourteen years Littleton 27. A. If the marriage be not as great in value as the marriage of the Heir Littleton 27. A. No Account for the presentation of a Church therefore the Guardian cannot present thereunto Nat. br 33. T. 28 Edw. 3. 89. 29. Edw. 3. 5. 8. Edw. 2. Presentment 10. But by Daniel Justice Trin. 1 Jac. Com. Ban. Rott 853. Shopland against Rider the Guardian shall present if the Heir be not of the age of discretion It lyes for writings 32 Edw. 3. Account 60. The Account against a Guardian in Soccage The Heir counts that it was ordained by the Common Council the Guardian should account c. and shews the tenure specially and that the Defendant had the custody of the Lands c. from such a day for 12 years ensuing and hath not accounted for the issues and profits c. and that at such a day the heir was at full Age. Lib. Intra 21. b. Sect. 1. 2. 29 Ed. 3. 4. Pl. 13. No. Lib. Intra 47 E. Sect. 3. The Writ against a Guardian in Soccage Rex c. si A. fecerit c. tunc summon c. B. quod sit coram Justic nostris c. ostendens quare cum de Comm. Concilio regni nostri provisum sit quod custodes terrarum tâ—nementorum quae tenentur in Soccagio haeredes terrarum tenementorum cum ad aetatem pervenerint reddant rationabilem computum suum de exitibus terris tenementis illis provenient de tempore quo custodes illi habuerunt ratione minoris aetatis haeredis praedictae idem B. paefato A. rationabilem computum suum de exitibus proveniend de terris tenementis suis in N. quae tenentur in Soccagio quorum custodiam idem B. habuit dum praedictus A. infra aetatem fuit reddere contradicit ut dicitur Et ideo c. This writ is founded per Marlebridg cap. 17. Nat. br 118. A. Regist orig 1â—6 Note this Writ lyes against any one that occupies the land during the nonage of the ward whether it be the parents of the Heir or not Regist origin 136. b. for it makes no mention of the bloud but only of taking the profits The writ was Receptor denariorum A good plea to the writ because he was Guardian in Soccage for otherwise he would be twice charged 18. Edw. 4. 3. Pl. 17. The Proces against a Guardian in Soccage 1. before appearance 2. after appearance The Process at common Law was but a distresse infinite Coke 3. parte 12. A. Herberts Case But per Marlebridge cap. 23. A capias was given against a Baily and per Westm 2. cap. 11. exigend given against a Servant Bayly Chamberlain or any other Receiver Coke 3. parts 12. A. Harberts Case And in an account against a Guardian there shall be a Capias 29 Edw. 3. 5. Pl. 13. But no exigend because this was given against a Receiver only 17 Edw. 2. Process 203. 17 Edw. 3. 59. Pl. 55. Shard If he comes in by Capias or distresse he shall
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.
Lib Intra 8. b. sect 7. Upon a false returne Lib. Intra 11. A. sect 1. Upon returning nichil where he had sufficient Lib. Intra 11. C. sect 2. For what things this action Lyes Against a Tennant by elegit that holds the lands after his money tendered him and Cuts the trees 21 Edw. 3. 16. So if tennant at will Cuts the trees Littleton 15. A. Coke 8. part 13. B. Salops case 48 Edw. 3. 25. If a Bayly cuts trees without cause 18 Edw. 4. 27. For disturbing of men to come to my chappell with offerings 19 Rich. 2. action upon the case 52. Against the owner of the land in which I have a way and he streightens it 33 Hen. 6. 26. For trenching of it Lib. intra 616. C. sect 1. For any manner of disturbance in my passage or part of my way so that I cannot pass so commodiously as I did before 14 Hen. 8. 31. 21 Hen. 7. 35. 22. Hen. 6. 15. 10 Hen. 7. 21. If the whole way be stopped by one that is not owner of the soil it Lyes 22 Hen. 5. 33 Hen. 6. 26. 10 Hen. 7. 21. So if tertennant and others stop it 34 Hen. 6. 4. tamen quaere For against tertennant that stops all the way an assize of Nusance doeth lye and not this Action 22 Hen. 6. 14. 3 Eliz. Dyer 250. pl. 88. 19 Hen. 6. 29. pl. 49. Paston 2 Hen. 4. 11. pl. 48. No. Lib. intra 12. 6. sect 10. But if I have it but for years Case lyes 33 Hen. 6. 26. Nat. br 176. et 184. L. eodem If A. stops my way and leases the land to B. it lyes against B. if he do not open it but if A. build a house and leases it to B. there B. cannot pull it down for my way for this is waste in B. Trin. 13. Jac. Regis Bolds case and Rutlandshiers case But the 11 Hen. 4. Action upon the case lyes for stopping of a way in grosse only and an assize of nusance for a way appendant 21 Edw. 3. 2. 6. 34 Hen. 6. 4. pl. 11. But for stoping of a way in my own land trespasse vi et armis lyes and not this Action 31 Edw. 3. Action upon the case 38. 13 Hen. 7. 26. But for stoping of a high way the defendant shall be punnished in the Leete and not by this Action unlesse the party had a speciall losse 27 Hen. 8. 26. 5 Edw. 4 2. b. 7 Hen. 4. 8. 33 Hen. 6. 26. Coke 5. part 73. A. Williams case 21 Hen. 7. 35. Coke 9. part 113. Mayrs case If A. sayes that B. hath right in my Land for years Action Lyes Coke 1. part 177. Mildmays case No. Lib. intra 30. A. sect 27. but I ought to shew how I am prejudiced A. brought an Action upon the case against B. because that he published that he had the lease of the land of A. and that he intended to sell it and was hindered B. said that he had an Indenture as in the Count is mentioned and traverseth that he forged it 1 when B. claims a right though he had none yet the Action Lyes not 2 the Count is good because it is that it was against the knowledge of B. that it was forged 3 sciens is not traversable Coke 4. part 18. A. cáse 14. For stopping a ditch by which my land is surrounded Nat. br 88. E. 89. M. 39 Hen. 6. 32. 11 Hen. 4. 82. 14 Hen. 8. 31. For not scouring a Ditch by which my land is over-flowen Regist orig 100. A. For breaking of a seabanke by which my land is surrounded Nat. br 86. F. 89. B. et C. Regist orig 95. A. It lyes not for erecting of Cony-burroughs by which I lose the profits of my land because the party had no property in them Coke 5. part 104. Boulstons case If one hath the trade of a Bakehouse by 1. For disturbing my Bayly to distrain for an amercement 18 Hen. 6. 9. pl. 20. 2. For disturbing me to distrain or to attach Nat. br 102. F. 3. For distraining more sutors to come to my Leete Nat. br 94. G. Coke 4. 94. B. Regist orig 103. B. 4. For distraining Parsons or Vicars in their spiritual possessions Nat. br 94. E. and the Writ is contra legem consuetudinem regni nostri contra formam articulorum contra pacem nostram ibidem 1. Against him that set up a Fair or Market against my Fair or Market 22 Hen 6. 14. 11 Hen. 4. 74. But 41 Edw. 3. 24. per Belknap Quod permittat lyes and not this Action 2. For disturbing Customers to come to the Market 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45. Nat. br 91. G. 2 Edw. 3. 32. pl. 9. 3. For disturbing me to hold a Fair or Market 16 Edw. 2. Action sur case 47. And the Writ that it held three dayes and the Count two dayes and two half dayes and good 4. For disturbing me to take Toll in a Fair or Market 9 Hen. 6. 45. 21. Hen. 7. 16. quaere 5. For selling in another place out of the Fair Regist Orig. 107. A. B. 1. When the Tenant burns the Deed to him delivered in remainder 9 Edw. 4. 53. 2. When a Deed is lost 34 Hen. 6. 4. 3. When the Seal is broken off 39 Hen. 6. 46. Lib. Intra 7. b. Sect. 1. 3. 4. For deeds sold with the Land and not delivered upon request Lib. Intra 5. A. Sect. 2. 5. For forging a statute Staple or Merchant Nat. br 96. B 17 Edw. 3. 49. Reg. orig 115. A. B. 6. For forging of a Release by which I lose my Ward 39 Edw. 3. 13. 1. For returning me summoned and Judgement given by default where I never was but this was after the death of the Summoners 8 Hen. 6. 1. 6 Edw. 4. 3. 8. 26 Assize 48. 2. For returning a Nichil where I had lands Nat. br 93. B. 31 Edw. 3. Processe 55. 1. For setting up a Ferry to the Nusance of my Ferry 22. Hen. 6. 14. 2. For threatning by which I lose the profits of my Ferry 22 Hen 6. 17. pl. 32. For disturbing my Foldage No. Lib. Intra 14. D. Sect. 12. For disturbing one to have certain walks in the Forrest of Selwood Coke 5. part 76. the Countesse of Pembrokes case For erecting a Warren or Dove-house Action lyes not although it be to the Nusance of another Coke 5. part 104. B. Boulstons case For executing Processe in my Liberty Nat. br 95. B. Regist orig 103. 104. 5 Edw. 3. 150. pl. 20. 1. For hindring my light by making a woodpyle Coke 9. part 57. B. Alreds case Le count there and 58. No. Lib. intra 19. B. sect 16. 7 Edw. 3. 261. pl. 15. 2. For infecting the Ayr of my parlour with an hogskin Coke ibidem 3. With a Dyehouse Coke
ibideus Michaelis 9. Jac. Ban. Rigis Ward versus Cheshire The Plaintif counts that he is seized in fee of a Kitchin in parochia sancti Dunstani in London and prescribes to have windows in the backside of the Defendant and his stopping up of maximam partem c. port action and upon not guilty found per quaer and moved in arrest of Judgement 1. He did not shew that the kitchin was antient but it was resolved that it was implyed in the prescription but by Williams this was was not material but Crook e contra by the custome of the city it ought to be stopped if not antient 2. For that the quantity was not shewed but resolved it need not be Coke 4. part 49. Com. 249. neither shew the Parish in which the back-side is sed non allocatur because the stopping of the light is the material point and it was shewed where it was and the Plaintiff had judgement Hill 9. Jac. Regis Hughes Keme A. had an antient house in London B. builds a new one which stops the light of A. per Curiam 1. that a man cannot by the custom of London erect a new house where there was not one before to stop the lights of the antient house 2. Upon an ancient foundation a man may erect a new house and stop the antient lights of his neighbour for by the same reason that his neighbour erected his house more high may the other at any time erect his but he cannot enlarge his in breadth or length to stop the lights of his neighbour vide 22 Hen. 6. 15. For removing a plaint out of my Mannour without cause 27 Hen. 6. 4. For taking an estray within my Mannour or liberty 13 Edw. 3. breve 674. 31 Edw. 3. breve 333. but ibidem it lyes not before seisure For removing a Meerstone though one of them be Tenants in Common 1 Hen. 5. 1. Lib. intra 9. C. sect 1. 1. For disturbing my customers to come to my Mill 11 Hen. 4. 47. 41 Edw. 3. 24. 29 Edw. 3. 18. 9 Hen. 6. 45. 2. For erecting a new Mill Lib. intr 9. B. sect 2. D. sect 1. 1. For disturbing to take seisure of an office 6 Edw. 3. 9. 2. For disturbing the steward to hold Court Lib. intra 5. B. sect 1. 3. For disturbing to take the profits which belong to the office 9 Rich. 2. action sur case 5. 4. Against an Escheator that returns contrary to that which was found by office 9 Hen. 6. 60. 5. If he returne where no office was found 21 Edw. 4. 23. et 27. for he is not Judge but officer 9 Hen. 6. 60. 6. For procuring a false office to be found by which my land is seised 47 Edw. 3. 15. kitchin 175. A. For erecting of a Dyhouse which poysons my water by reason whereof my Fish dyes Coke 9. part 59. A. Aldreds case 1. For releasing me with warranty and procuring an other to sue me 34 Edw. 3. 20. 1. Against Tenant in precipe which hath protection allowed to Westm for one yeare and within the year he stayes at Gloucester 15 Edw. 4. If I sue a School-master for erecting a school in the same Town the action lyes not for it is no nusance 11 Hen. 4. 47. pl. 21. 22 Hen. 6. 14. prisott If A. sayes that B. hath right in my Land for years Action Lyes Coke 1. part 177. Mildmays case No. Lib. intra 30. A. sect 27. but I ought to shew how I am prejudiced A. brought an Action upon the case against B. because that he published that he had the lease of the land of A. and that he intended to sell it and was hindered B. said that he had an Indenture as in the Count is mentioned and traverseth that he forged it 1 when B. claims a right though he had none yet the Action Lyes not 2 the Count is good because it is that it was against the knowledge of B. that it was forged 3 sciens is not traversable Coke 4. part 18. A. case 14. 1. For stopping a ditch by which my land is surrounded Nat. br 88. E. 89. M. 39 Hen. 6. 32. 11 Hen. 4. 82. 14 Hen. 8. 31. For not scouring a Ditch by which my land is over-flowen Regist orig 100. A. For breaking of a seabanke by which my land is surrounded Nat. br 86. F. 89. B. â—t C. Regist orig 95. A. It lyes not for erecting of Cony-burroughs by which I lose the profits of my land because the party had no property in them Coke 5. part 104. Boulstons case 1. If one hath the trade of a Bakehouse by prescription for the whole Town and another erects another and sels an Action lyes Coke 8 part 125. case of London 19 Rich 2. Action sur case 52. 2. For using the trade of a Dyer in R. without Licence of the Arch-Bishop of York Regist orig 105 106. Coke ibidem 3. The king grants to A. the sole seisance of play-cards yet A shall not have an Action upon the case against others that use the trade because the grant is voyd Coke 11. part 86. A. Monopolies Tenant at will makes voluntary waste Action lyes against him Littleton 15. A. 14 Hen. 8. 12. Brown Coke 15. part B. Salops case 48 Edw. 3. 25. Dyer 121. pl. 17. 11 Hen. 6. 38. For diverting of part of the stream by the owner of the Land by which the stream flows over 12 Hen. 4. 47. 21 Hen. 7. 30. Dyer 248. pl. 80. Coke 4. part 86. Lutterels case the Count there 3. Eliz. Dyer 195. pl. 37. But for diverting majoris partis Assize lyes 8 Eliz. Dyer 248. pl. 80. but this is intended when the Mill cannot go For stopping a pit that one hath for water although it is not a common watering place 21 Hen. 7. 35. No. Lib. intr 18. D. Sect. 15. The Writ Ought to be certain as the Count except the place and time 22 Hen. 7. 91. It ought to have the certainty as the Count and to have all the Count except the year and day the quantity and certainty of the Land 38 Hen. 6. 9. pl. 20. Prisott The Writ shall not be vi armis Nat. br 92. E. When there are two causes of Actions 1. causa causans 2. causa causata the former may be alleadged vi armis Coke 9. part 50. B. Salops case The Process 1. Before appearance 2. After At common Law a Capias lyeth not 43 Edw. 3. 11. Coke 10. part 72. A. Marshalsey But the 10 Hen. 7. cap. 9. such processe is given in an Action surcase in Ban. Regis Com. Ban. as for Traverse or debt Br. exigend 29. The Judgement For not repairing of a Bank per quod c. the judgement shall be to recover Dammages and a Distresse to the Shrieve to compel the Defendant to repair For what things it lyes 1. For chasing sheep into the
14. In consideration of divers summes received of divers persons to the use of the plaintiff amounting to 24 l. assumes to pay this and adjudged a good count though he doeth not shew of whom he received the summes because this is not traversable for it is a consideration executed Trin. 14. Eliz. Ban. Regis Beckingham et Lambert Count that upon an in simul computasset the Defendant was indebted to him in 20 l. and promises to pay it c. Crooke Justice said it was a good consideration and Dodderidge said that in every action of debt an action of the case is implyed and when it appears how the debt grew due then it is a good Assumpsit Trin. 14. Jac. Ban. Regis Cullimore Eynison Against him that takes upon him to plant thorns and doth not do it Lib. Intra 13. C. Sect. 1. 1. My servant being in prison I request his enlargement and promise to save A. harmless an action lyes but without request not 10 Eliz. Dyer 272. pl. 31. 2 If one become Bayl for the servant and after the Master promise to save harmlesse an action lyes not 3. A. being Bayl for B. in Ban. Regis B. promises to save him harmlesse yet A. shall not have an Action against B. although he pay the money if no Capias be awarded against the Principal nor Scire facias against the Bayl Trin. 7. Jac. Ban. Regis Bolles Jones error upon judgement in Com. Ban. 4. A being indebted to B. prayes C. to be bound to B. for the debt and he will be bound to C c. C. is bound to B c. A. refuseth to be bound to C. yet C. shall have an action against A. for it is a good consideration in so much that C. is lyable to the debt Mich. 9 Jac. Ban. Regis Knyvet Pledall 5. A. promises to B. to discharge him and save him harmlesse from all bonds in which he was bound for the son of A. at the request of the said son B. brought his action and shews that he as fidei jussor was bound 1. It is a good consideration 2. He ought to shew precisely that his son requested for although fidei jussor imply a request yet it is not sufficient Pasch 9 Jac. Ban. Regis Somerston Barnby postea Mich. 9 Jac. it is shewed that it was alleadged and for this judgement was given for the Plaintiff Lib. intra 11 C. Sect. 1. 6. An infant borrows money B. is bound to pay it at full age the infant promises to save him harmlesse action lyes upon it for although the infant is not lyable in law yet in conscience he was and this sufficeth for the consideration Trin. 29 Eliz. Ban. Regis adjudged A Widow promiseth for following her Suits to pay 200 l. this is not good for it is maintenance per 2 Justices but Dyer against them because it did not appear that they were Suits in Law 19 Eliz. Dyer 356. A. promises 10 l. to B. if he suffer C. to enjoy the Land there although C. enjoy it not yet if A. agree and do not interrupt C. the Action lyes Pasch 15 Jac. Ban. Regis Taylor Wilks A. being a Coppie-holder makes B. his Executor and intends to surrender to the intent that B. should satisfie a debt to D. the son of A. promises that if he do not surrender but suffer the Land to descend he will satisfie the debt A. dyes B. shall have an action against the son for it is a good consideration Hill 9 Jac. Ban. Regis Gray versus Gray A. promises to pay to B. for his reasonable board for such time as he shall be with him B. shews that he was with him ten moneths and that 5 s. the moneth is reasonable amounting all to 50 s. this is good Pasch 30 Eliz. Ban. Regis Floyd Irish 2. A. being sick in an Inne B. promises to pay as much as shall be due for all necessaries that the Inne-keeper shall provide for A. yet in the Action the Inne-keeper shall say in the Writ and Count that he did provide necessaries til such a day until c. in all to the value of 20 l. forasmuch as the promise was generall the Writ is good 2. It is inconvenient to shew all things that he did provide c. the same law is for a Physitian per Dodderidge Justice Pasch 13 Jac. Ban. Regis Crips Baynton 1. For money upon the sale of any personal things 33 Hen. 8. br Action upon the case 105 110. 2 Rich. 3. 14. Com. 102. For in every contract there is an Assumpsit implyed Coke 4. part 94. Slades case the Count needs not shew but soepius requisitus Pasc 28 Eliz. Com. ban 2. In an action for money upon the sale of a thing he needs not count that he was possest ut de bonis propriis Trin. 7 Jac. ban Regis Fitz. william Blackman 3. Against a purveyor or servant that bought goods for his Master and promises payment Dyer 230. pl. 56. 12 Hen. 8. 12. 4. Against him that promises to a Baker to pay so much as he shall deliver in bread to B. 29 Hen. 8. 25. 5. Upon a promise to pay for cloath bought if B. doeth not 12 Hen. 8. 12. 6. A. brought an action and shewes that he sold a horse to B. at such a day year and place to be payed at a day to come and the Defendant ad tunc ibidem ratione praemissorum assumes to pay if c. this is nought for the contract and the giving of day to B. ne fuit ad instantiam of the Defendant but compleat before Pasch 9 Jac. Ban. Regis Farmer Field 7. A. promises to pay to B. such Sums of money as B. shall disburse of his own money for cloath to the use of the Defendant this is a good consideration by the buying of the cloath the property was in A. forthwith Trin. 9 Jac. Ban. Regis Moore Moore 8. A. sold to B. two wayes of Barley for as much as he sold to others the Plaintiff in the Action ought to count 1. for what he sold to others 2. ought to give notice of this to B. So if A. promise to B. 20 l. if he marry C. yet B. ought to have notice of the marriage but a Tayler may have an action for as much as he shall deserve and is not bound to give notice what he shall deserve because it is not incertain Hill 13 Jac. Ban. Regis Hall Heminge 1. Against a Seller of corn to be delivered at a certain day and dotht no 21 Hen. 6. 55. 20 Hen. 7. 9. 28 Hen. 8. Dyer 22. pl. 138. fol. 113. pl. 55. Coke 4. part Slades case 94. B. 2. For delivering good and merchantable corn and doth not 6 Edw. 2. 6. Dyer 75. pl. 23. Lib. Intra 4. B. Sect. 2. The judgement For not delivering of grain yearly quaere if
and dyes no action lyes quia mors omnia solvit 48 Edw. 3. 2. B. pl. 4. Finchden Hill 33 Eliz. ban Regis Wilson Mapes A parson leases his Rectory and covenants to save harmlesse the Lesse concerning the lands and profits for one year against Blunt Blunt enters within the year Covenant lyes because it is expressed against a certain person Lessee covenants that he will not assigne his Term over by which it may come to D. the Lessee assignes it to K. per curiam Covenant lyes for he hath put the power out of him Trin. 13. Jac. com ban Guines case A fine levied of rent a Writ of Covenant lies 22 Edw. 4. 2. pl. 6. The Count in Covenant 1. Personal 2. Real The Count was that per Indenturam suam testat existit that the Defendant covenanted this is good but such plea in Barre is not good Mich. 7 Jac. ban Regis Wyrdnam versus Faukner 2 Mariae 117. pl. 78. Prior and covent Lease to 2 for years with warranty per Indenture rendering rent one dyes after possession the other survives and was sole possest the prior dyes the defendant fuit electus et praefectus et tali die expulsus et ejectus the survivour and so the defendant did not hold covenant made between the late Prior and the said survivour Lib. intra 135. D. sect 2. Count upon covenants to make a new lease Com. 2. Chapmans case A. leases to B. for 6 years if C. live so long and covenants that he had power to demise it c. B. in covenant needs not count that C. was in life for if he were dead at the time of the demise then covenant lyes 2 he need not shew that he had the better right because he did pursue the words of the covenant negative Coke 9. part 60. Bradshawes case Count by the Lessor against the Lessee that covenants to pay all charges and pays not the tenths granted per parliament Lib. intra 136. C. sect 4 The Count shall be generall that he hath broken covenants between them to the damage c. the other shall say that they are performed the plaintiff may reply that they are not becuse he shall have damage for every covenant broken but upon an obligation he ought to shew in what he hath made a breach because he shall have the forfeiture for one breach 6. Hen. 4. 8. pl. 34. Tenant for life leases for years rendering Rent the lessee covenants and is expulsed by him in remainder 1 he ought to count that he was possest 2 he ought to shew the estate for life and the remainder certain 9 Eliz. Dyer 257. pl. 13. Writ in covenant 1 Personall 2 Reall Rex c. justicies A. quod teneant B. conventionem inter eos factam de quibusdam defectibus in Mannerio ipsius B. de N. existentibus sumptibus ipsius A. competenter emendand siâ—ut c. ne amplius c. Regist orig 167. A. Rex c. praecipe A. de B. quod juste c. teneat W. conventionem inter eos factam de viginti acris terrae in K. frumento et alio blado competenti seminandum et de bladis et terris praedict cresentibus metend et ad domus ipsius W. sumptibus ejusdem A. in eadem villa cariandis et nisi fecerit c. Regist orig 166. A. The writ shall be brought where the covenant was made Nat. br 146. E. 11 Rich. 2. But it is no plea to abate the writ unlesse the deed bears date in another county Nat. br 146. E. The writ for outing the Lessee shall be de dampnis et de perditis occasione c. 9 Eliz. Dyer 257. pl. 13. The writ ought to mention all the executors which did administer 47 Edw. 3. 22. pl. 20. 48 Edw. 3. 2. pl. 4. The Process in Covenant 1. Before appearance 2. After 1. By the Common Law the process was but a distresse infinite 22 Hen. 6. 13. Br. exigend 29. 48 Edw. 3. 29. pl. 15. 2. The parties appear and day given over salvis partibus c. the Defendant makes default at the day a distresse was awarded against him Lib. Intra 134. B. Sect. 1. Non fit breve de Attachiamento quia oporteat quod partes compareant personaliter in Curia Regist orig 165 A. The Barre in Covenant 1. Personal 2. Real 1. When one certain duty accrues by the Covenant at the time of doing of it Accord with satisfaction is no plea Coke 6. part 44. A. Blakes case But where no certain duty accrues until the subsequent Act or Wrong there Accord with satisfaction is a good plea Coke 6. part 44. A. Blakes case Covenant to a Parson for the enjoying his Benefice and he deserts the Cure is voyd 14 Eliz. cap. 11. Rastal Leases 244. D. 23 Eliz. Dyer 372. pl. 11. this is after the Parson is absent fourty dayes in the year and not otherwise A. covenants to gather the rents in D. and he pleads that he was interrupted by the Plaintiff a good Barre Crooke 13 Hen. 7. 34. pl. 2. Lessee covenants to surrender before the terme ends and a stranger that hath right enters upon the Lessee this is a discharge because the Lessee is disabled Hill 41. Eliz. com Ban. Andrews versus Nedham 45 Edw. 3. 48. Performance generally a good plea 6 Hen. 4. 8. pl. 34. Covenant upon a Demise by Indenture and eviction by a stranger by a greater Title it is no Barre to traverse the possssion of the Plaintiff without particular cause shewing because it is by Indenture Trin. 3 Jac. ban Regis Stile versus Hearing A. covenants to make a good estate in Coppie-hold Land to B. before Easter during the life of Cox no plea to say that it was surrendred to the Lord by his procurement if he shews not that he was admitted for nothing vests in him to whose use it is till admittance Mich. 15 Jac. ban Regis Stiles versus Smith Release is no Barre before the covenant is broken Coke 4. part 71. Hors case 5 Eliz. Dyer 217. pl. 2. Coke 1. part 99. A. Shellyes case If it be not by expresse words Coke 5. part 71 A. 35 Hen. 8. Dyer 57. pl. 24 Bramly Judgement in covenant 1. Personal 2. Real Judgement against an Executor for a Covenant broken after the death of the Testator is of the Testators goods 15 Eliz. Dyer 324. pl. 34. If a Lessee recover being outed by the Lessor he shall recover his Term Nat. br 145. M. 47 Edw. 3. 24. pl. 61. 20 Edw. 3. Judgement 177. and also Damages Nat. br 145. M. Execution in covenant 1. Personal 2. Real 1. Per Common Law 2. Per State Law By the Common Law it is but a Levari facias Lib. intra 133. D. Sect. 2. fieri facas Lib. intra 138. A. Sect. 1. But no other Coke 3 part 12. A. Harberts case This only within the year for if the
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
Note that there shall be no Enterpleader unlesse the Defendant pray it 18 Edw. 3. 22. pl. 3. If the parties are by Attorneys day shall be given over because they shall not enterplead but in person 9 Edw. 3. 334. pl. 12. 24 Edw. 3. 24. pl. 3. And if one come at his day by Attorney the other shall not have judgement against him 9 Edw. 3. 334. pl. 12. Upon several Baylments there shall be no Enterpleader 19 Hen. 6 2. pl. 6. But if the Defendant said that he was Joynt-tenant absque hoc that it was several 19 Hen. 6. 3. pl. 6. In Detinue the Defendant pleads another Writ hanging per another and prayes Enterpleader and it was granted for the mischief that might be for otherwise both might recover the Deeds and so be twice charged 3 Hen. 6. 43. pl. 20. But there ought to be two several Writs depending 3 Hen. 6. 35. pl. 31. and these ought to be returned at one day 9 Hen. 6. 36. pl. 9. If the Defendant and the Garnishee do not agree in plea there shall be no Enterpleader 14 Hen. 6. 11. There shall be no Enterpleader unlesse the Defendant alleadge that both demanded one thing 8 Edw. 4. 6. If the Defendant after Garnishment make default yet there shall be an Enterpleader 2 Rich. 2. Enterpleader 13. If it be returned at several dayes then a day shall be given over at which day they shall Enterplead 33 Hen. 6. 25. pl. 8. But if two bear the same date then he that first comes and demands answer shall be answered 19 Hen. 6. 4. Lib. intra 213. A B. Sect. 1. Otherwise he that the Court assignes 19 Hen. 6. 4. Barre in Detinue 1. Of Chattels 2. Of Deeds Accord is a good Plea in Detinue of any goods personal Coke 9. part 78. B. Petoes case Barre that the goods were attached and delivered to him only the custom of the Citie Lib. intra 112. C. Sect. 5. A. lent sheep to a woman sole which took a Husband which commanded the owner to take them again who refused this is a good barre as to the baylment in Detinue 43 Edw. 3. 21. 10. A good barre that they were lent to deliver over of the which he had a deed Nat. br 138. M. A good plea by the Executor upon baylment to the Testator that he had delivered them to him that had the right 9 Hen. 6. 58. A. Detinue is no plea that the Plaintiff gave him the goods because he may wage his Law 22 Edw. 4. 29. pl. 10. Detinue upon Trover the Defendant pleads that he did distrain for Rent reserved upon a Lease a good barre 27 Hen. 8. 22. pl. 15. In Detinue of a Horse a good plea that he did estray and that he proclaimed him and offered the horse to the owner if he would pay for his meat No. Lib. intra 169. D. Sect. 2. A good barre to say the Horse was sick in Detinue at the time 21 Edw. 4. Detinue br 42. Non detinet a good barre Lib. intra 211. D. Sect. 1. 2. fol. 112. C. Sect. 4. 5. And this may be by the Country Lib. intr 211. D. Sect. 1. and 112. Sect. 4. C. Or by wager of Law 22 Edw. 4. 29. pl. 10. Lib. intra 112. C Sect. 5. 5 Edw. 3. 145. pl. 4. 27 Edw. 3. 83. pl. 6. 4 Edw. 3. 41. Although the baylment be by deed for the detinet is the substance 27 Hen. 8. 22. pl. 14. An Executor may wage his Law 11 Hen. 6. 40. pl. 25. 3 Hen. 6. 38. Martin Non detinet by the Law although the baylment be by others hands 8 Hen. 6. 10. pl. 26. 33 Hen. 6. 8. B. Moyle Executor pay a debt to the value of the goods and dyes this is a good barre in Detinue brought by the surviving Executor 3 Eliz. Dyer 187. pl. 6. The Defendant said that the Plaintiff pledged them for money which is not paid this is a good barre 34 Hen. 6. 42. pl. 13. Corne lent c. and it perisheth this is no barre Doct. stud 129. A. A horse used in other manner then was agreed no barre if he perish But if he be used in the same manner if he perish not in Default of the Owner to whom he was lent a good barre Doct. Stud. 129 A. No plea for a Carryer or Ferry man that he was robbed Coke 4. part 84. Southcots case 2 Hen. 7. 11. B. Townsend So if goods are delivered to keep Coke 4. part 83. B. But it is a good plea if they are taken to keep as my own Coke 4. part 83. Recovery in Travers a good barre in Detinue 20 Hen. 7. 58. B. Crooke The baylment is not traversable where he may wage his Law 8 Edw. 4. 3. pl. 7. No barre that the Horse was sold in a market overt unlesse it were tolled for according to the Statute 1 2 Phil. Mariae cap. 7. Detinue for Deeds as Heir Bastardy is a good plea 35 Hen. 6. 9. pl. 12. A. bayled to B. to rebayl and dyes having two sons which makes petition he which had the Land comprehended in the deed infeosses B. this is a good barre 17 Edw. 3. 12. pl. 45. Warranty and assets is no barre against the issue in Tayl in Detinue 9 Hen. 6. 15. pl. 5. 4 Hen. 7. 10. pl. 4. Rebaylment in another Countie a good barre because he cannot wage his Law 22 Hen. 6. 15. pl. 27. Release per the Plaintiff a good Barre Lib. intra 290. B. Sect. 1. Defendant pleads baylment by the Plaintiff upon condition that if his wife survive the Plaintiff that the Defendant should retain it and that his Wife is alive a good barre but then he ought to shew what lands they concern 18 Edw. 4. 18. Infancy is no plea because he may avoid an obligation in debt 14 Hen. 6. 11 pl. 41. A good barre that the Garnishee brought a Detinue against the Defendant and prayes Garnishment against the Plaintiff which makes default and he had judgement 34 Hen. 6. 47. pl. 13. 21 Hen. 6. 35. pl. 2. per Newton Garnishee pleads release between this action brought and the delivery quaere 20 Hen. 6. 28. pl. 23. 49 Edw. 3. 13. But the 39 Edw. 3. 13. adjudged that it is a good barre The judgement in Detinue 1. Of Chattels 2. Of Deeds 1. Quod praedictus W. recuperet versus praefat J. praedicta octo quarteria frumenti vel valorem eorundem No. Lib. intra 169. C. Sect. 1. Lib. intra 218. B. Sect. 4. dampna sua c. and upon the return of the Writ if it appears that W. did not deliver the corn then the judgement shall be for the value with damages and costs The Plaintiff shall have judgement to recover the thing named 17 Edw. 3. 45. 1
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.
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
Commoner for damage fesant Coke 9. part 112. B. 24 Edw. 3. 42. pl. 23. 40 Edw. 3. 23. 15 Hen. 7. 8. 13 Hen. 8. 15. 7 Edw. 3. 266. pl. 39. Coke 8. part 78. B. Welds case Crooke 17 Hen. 7. 41. pl. 2. Although they be Coppy-holder or Tenant for years Coke 9. part 112. B. And needs not shew per quod amisit communiam No. Lib. intra 573. D. Sect. 4. but vide Coke 9. part 113. A. who ought to shew it For rent reserved by the Testator upon a Lease for years he shall not be put to shew the Testament 12 Rich. 2. 163. Executor for Rent due in vita Testatoris 32 Hen. 8. cap. 37. Rent granted by Husband and Wife the Arrearages incurre the Husband dyes the Wife shall distrain for the Arrearages 29 Edw. 3. 40. pl. 19. Gardein in Soccage may avow for damage fesant in his own name for he hath the Governance of the Land Crooke 17 Hen. 7. 46. B. Frowick Parson may avow for Rent-charge by prescription Lib. intra 557. B. Sect. 1. The King having the profits by Outlary in a personal action may avow 15 Hen. 7. 2. pl. 4. Tenant at will for damage fesant Lib. intr 561. B. Sect. 1. 15 Hen. 7. 2. pl. 4. Tenant at sufferance cannot avow for damage fesant Crooke 17. Hen. 7. 47. A. But vide 4 Hen. 7. 3. pl. 6. in Trespass he justifies for damage fesant and good for he ought to have the profits till him that hath right enter upon him For what things a man may avow Amerciament in a Leet No. Lib. intra 572. A. Sect. 2. Crooke 20. Hen. 7. 66. pl. 8. In Tourne of the Shrieve 28 Edw. 3. 95. In a Court Baron it was by custome alleadged 15 Eliz. Dyer 322. pl. 23. Crooke 20 Hen. 7. 66. pl. 8. for amercement for the Tenants not coming he may distrain if it be assessed by Ferrors otherwise not Corrody granted with distress he may avow for 27 Edw. 3. 81. pl. 13. Damage fesant Lib. intra 554. D. Sect. 3. 556. A. Sect. 7. 559. A. Sect. 1 2 No. Lib. intra 575. B. Sect. 6. 577. C. Coke 8. part 89. B. Frances case If the Cattel be chased out before he distrain he cannot avow the distress Coke 9. part 22 Avowry 16 Edw. 4. 10. 2 Edw. 3. 2. Avowry 182. His frank-tenant and avows for damage fesant and it was found that he was his frank-tenant and his wife the judgement shall be against him for both were seized Trin. 38 Eliz. Com. Ban. Walker versus Bonner The Plaintiff shews that A. was seized and descended to him and that he was seized in Fee and avows for damage fesant and good Trin. 9 Jac. Newton versus Ansley For a Moyety of the value of the Land upon 4 Hen. 7. For maintenance of Husbandry Lib. intr 575. D. Sect. 1. Herriot Custome No. Lib. 613. B. Sect. 22. But he ought to shew the Certainty of the Land holden for to say that he held two tenures is not sufficient but claims it of the Lessee for life he ought to shew which Lease he holds by 21 Hen. 7. 79. pl. 27. Crooke For Relief Lib. intra 5â—5 C. Sect. 4. But the Avowry shall not be for the double rent but only the quantity of the single rent 16 Hen. 7. 4. pl. 2. 1. For a Rent Charge No. Lib. intra 585. A. Sect. 7. 8. 9. 2. For a Rent Charge by prescription Lib. intra 557. B. Sect. 1. 2. C. 3. For Rent-service but if he avow for two rents where one rent day is not come the Avowry shall abate for that only which is not come Coke 8. part 45. B. Godfreys case 1. For Fealty Lib intra 555. C. Sect. 4. 2. For Homage Lib. intra 555. C. Sect. 4. Coke 4. part 6. A. B. Bevils case For Rent service Lib. intra 554. C. Sect. 2. 556. Sect. 8. But if it be to render one thing or other he shall avow accordingly For Bracton Lib. 2. Fol. 35. B. in hoc casu tenens habet electionem unum solvendo liberatur For rent service when the Cattel are chased out Lib. intra 557. A. Sect. 10. Seisin in Avowry in whom it may be alledged It may be alledged in the Ancestor of the Avowant 34 Hen. 6 21. 3 Edw. 2 Avowry 187. 20 Hen. 6 7 com 140 A. 16 Hen. 7 4 pl. 10. 2 Edw. 3 27 pl. 4. In the Father of the Feoffor Lib. intra 556 B. sect 8. In the Predceessor good 6 Edw. 3. 277. Com. 96. A. By what hands Seisin shall be alleadged By the Ancestor of the Plaintiff 34 Edw. 3. Avowry 258. 34 Hen. 6. 8. By a Disseisor good Coke 2. part 67. A. Tookers case Coke 6. part 57. B. Bredimans case Unless it be by Covin Coke 6. part 58. A. Bredimans case By the hands of an Infant good 34 Edw. 3. Disclaimer 30. Coke 9. part 33. B. Bucknals case In the Feoffor of the Tenant Com. 95. A. Mantels case By the hands of the Joynt-tenant only it is good Coke 2. part 67 A. Tookers case Presciption to have rent of a Village Seisin by Resyants is good because all the Village is chargeable 4 Hen. 6. 29 30. Coke 6. part 59. Bredimans case By Tenant for years not good because he hath not an estate out of which seisin may be gained Coke 6. part 57. Bredimans case By the hands of the Tenant for life good when the remainder is over to another Coke 6. part 58. A. Bredimans case By the hands of the Tenant by courtesie not good to charge the Heir with Herriot Service because none may have his estate 21 Hen. 7. 84. pl. 8. Crooke Tenant makes a Feofment and afore notice gives seisin this is good because he remains tenant to the Lord until notice Coke 6. part 58. A. Bredimans case By the hands of the tenant and needs not say Tenant of the land 34 Hen. 6. 8. By the hands of the tenant prevail good Coke 6. part 58 A. Bredimans case The Shrieve claims rent by prescription and seisin 42 Edw. 3 4. Within what time seisin ought to be alledged The advowant is not bound to alledge seisin within 40 years but may alledge it generally and then the other may plead that he was not Seised within 40 years Coke 8. part 65. A. Fosters case 9. part 36. A. Bucknalls case 14 Eliz. Dyer 315. pl. 10. When it is not requisite to alledge Seisin Avowry for an amerciament is not requisite 11 Hen. 4. 89. 13 Hen. 4. 9. Avowry for rent charge 44 Edw. 3. avowry 75. Coke 8. part 56. A. Fosters case Avowry for rent upon a feofment by deed tendered of him because the deed is the title and the commencement of it appears 2 Edw. 2. Avowry 185. Coke 8. part 65. A. Fosters case So for Rent
if land be conveyed toa Mayor and commonality which was held by homage and fealty which conveyes this over this is no plea because the Mayor and communality cannot do homage or fealty Coke 4 part 11. A. Bevills case 1. The Issue in tayle shall avoid seisin by the hands of the tenant in tayle Coke 9 part 34. A. Bucknalls case 34 Edw. 3. Avowry 131. But this is intended when the tenant makes a gift in Tayle remainder in fee for the tenant in tayle shal himself avoid the encroachment between by the donor because he ought to shew the commencement of the reservation Coke 8 part 65. A. Fosters case 10. part 108. Lofeilds case 2 Successor of a Bishop shall avoid seisin between by the hands of the predecessor Coke 9 part 34. A. 3 Veray tenant of the land if he have a deed and shew the contrary Coke 9 part 34. A. 10 Hen. 7 11. Nat. br 163 C. 22 Hen. 6 5. 4 Edw. 2 avowry 201 202. 4 Encroachment of seisin is not materiall where is no tenure Coke 9 part 34 B. Bucknalls case 5 Such seisin shall be avoided because it was by cohersion of distress Coke 9 part 34 B. Bucknells case 12 Edw. 4 7 pl. 18. 8 Hen. 6 18 pl. 1. 47 Edw. 3 4 pl. 8. 6 If rent be payable at one day in a year and the Lord encroach seisin upon two dayes of the year this being voluntary shall be avoided in avowry for this that they agree in the Annuall summ Coke 9 part 34 B. Bucknalls case vide 21. Edw. 4 64 pl. 36 et fol. 84 pl. 3â— In avowry the seisin is traversable and not the tenure Crooke 13 Hen. 7 31. B. When the Lord varies in Avowing of the verity of the quantity of the services by colour of seisin the tenure shall be traversed Coke 9. part 33. A. Bucknals case 10 Henry 7. 11. pl. 31. Com. 94. Mantels case Crook 13. Hen. 7. 31 B. But then the tenant ought to confess the tenure in part for he needs not traverse all the tenure but may disclaim or plead out of his fee Coke 9. part 35. A. Bucknals case 10 Hen. 6. 6 7. pl. 20. 37 Hen. 6. 25. pl. 13. 15 Rich. 2. Avowry 214. But note 11 Hen. 4. 10. pl. â—2 the Tenant said that the Avowant did give the Lordship to A. in tayl the remainder to B. in tayl A. dies without issue B. yet living there he needs not suffer a Disclaymer or plead out of his fee but there fol. 7. pl. 40. he had judgement of the Avowry and admitted When they agree in the quantity of the services and vary in the quantity of the Land there the Plaintiff may traverse alsque hoc that he held modo forma or that he held one only Coke 9. part 35. B. Bucknals case 20 Henry 6. 20 21. And so avow severally where it is a joynt Tenure or to the contrary Coke 9. part 35. B. Bucknals case 9 Henry 6. 26 pl. 24. 2 Ed. 3. 34 pl. 19. But if he vary in the quantity of the Land and of the services he may not confess the tenure according to the verity he traverseth modo forma or with one only Coke 9 part 35. A. B. Bucknals case 5 Henry 5. 4. 3. When one distrayns for fealty rent and sute and alleadges seisin in all and avows for rent the Tenant may confess that he held by fealty and rent and to the rent nothing arrear without that that they held by fealty rent and sute modo forma and good and if upon issue joyned it be found that he held by fealty and rent and not sute although that the Avowry be for rent yet in so much that the tenure alleadged by the Avowant was traversed and found against him Judgement shall be given against the Avowany for in vain shall he make this traverseable and yet that he should have the return when it is found against him Coke 9. part 35 36. Bucknals case Tender of Homage ought to be to the person of the Lord ubicunque fuerit infra regnum propter reverentiam Bracton Lib. 2. fol. 80. A. Judgement If the Plaintiff counts upon a Detayner and the Defendant appear and makes default the other shall have judgemen for dammages and costs and also for the value of the Cattel Nat. br 69. L. No. Lib. intra 610. C. sect 20. The Defendant said that the place is antient demean c. if the issue be found for him he shall not have a return 21 Edw. 3. 7. pl. 18. If one justifies for services and makes no Avowry he shall not have a return although it be found for him 15 Edw. 4. 29. 5 Edw. 4. 6. 34 Hen. 6. Avowry 47. If one make a Conusance as Bayliff he shall have a return No. lib. intra 591. A. sect 9. The Plaintiff in a Recaption dies the Lord shall have return if another writ be purchased 11 Hen. 6. 14. pl. 3. If the Plaintiff be non-suited the other shall have a return Lib. intra 570. D. sect 1. 2. 11 Eliz. Dyer 280. pl. 14. 35 Hen. 6. 47. pl. 12. 17 Hen. 8. Br. second Deliverance 15. 22 Hen. 7. 92. pl. 7. Crook and this although the other do make no Avowry 16 Henry 6. return of Cattel 1. 2 Hen. 5. 6. But other wayes he may abate the writ by Pl. 9 Hen. 6. 4. pl. 10. 11 Henry 6. 5. B. Danby 35 Hen. 6. 40. pl. 1. But if the Count abate or no Count of the place or of the taking yet he shall not have a retnrn before an avowry 35 Hen. 6. 40. pl. 1. The second Deliverance he shall not have it without Avowry per Newton 16 Henry 6. return of Cattel 1. The Defeudant cannot claym property in Repleg to have a return because he ought to claim at the time of the Repleg sued 31 Henry 6. 12. pl. 1. The Plaint is removed and it abates for default of the surname there was a return awarded without an Avowry 27 Hen. 6. 3. pl. 35. Repleg against C. D. C. pleads he took them not D. justifies in right of C. and found for him yet he shall not have a return 22 Hen. 6. 52. pl. 27. Defendant pleads property in another and found so there he shall have a return without an Avowry for the Plaintiff had deliverance without cause 39 Henry 6. 35. pl. 47. Prisott One avows for rent at two daies one is not come the Plaintiff is non-suited there shall be a return for one day because he is not merely an Actor per 4 Justices against 3. But Newton said he ought to have several Avowries At the Common-law return irreplevisable was but when it was found against the Plaintiff per une issue 36 Henry 6. 8. pl. 24. Babbington If the Defendant doth not answer to the Avowry there the Cattel shall be irreplevisable Lib. intra 571. A. sect 4. Return irreplevisable after Westm 2.
away his son and Heir and marrying him Nat. br 90. H. 29. Assize 35. 3 Edw. 4. 12. B. Danby 21 Hen. 6. 14. pl. 29. Nat. br 143. R. The Writ is quare filium haeredem and yet he is not heir during his life 8 Edw. 3. 2. Travers 235. For taking away his daughter and marrying her Regist orig 98. B. Heir Regist orig 99. A. Coke 3. part 38. Ratcliffs case 12 Hen. 4. 16. pl. 9. Consanguineum haeredem suum rapâ—â—â— Nat. br 143. R. 30 Edw. 3. 6. pl. 7. fol. 16. pl. 19. And needs not mention that he is within age because he shall have his marriage c. 32 Edw. 3. Gard. 32. For taking away a woman cum bonis viri upon the Statute of Westm 2. cap. 34. Nat. br 89. O. 6 Edw. 3. 208. pl. 2. 14 Hen. 6. 2. pl. 11. the Count Lib. intra 662. C. sect 1. And this lyes although they are divorced 43 Edw. 3. 23. pl. 15. 4. Assize pl. 13. Assault Battery and wounding the Count Lib. intra 668. C. sect 4. Imprisonment until fine be made 6 Edw. 3. 208. pl. 2. For threatning my servant per quod Regist orig 94. B. The Plaintiff needs not count upon the Retainer 21 Hen. 6. 31. pl. 18. 22 Hen. 6. 30. B. 43. B. 31 Hen. 6. 12. pl. 2. Assault and Battery per quod c. Regist. orig 102. A. Nat. br 91. I. The Count Lib. intra 613. B. sect 19. 674. C. Sect. 1. he ought to say by which he lost his service Cike 9. part 113. A. 18 Edw. 4. 27. pl. 24. 2 Hen. 4. 12. pl. 49. 20 Hen. 6. 1â— and there it was Quod servitium amisit and good without this word per. Battery Mayheme and imprisonment per quod c. Trespass lyes Crooke 7 Hen. 8. 80. pl. 4. If the Count be not per quod servitium amisit although that Verdict pass for the Plaintiff yet he shall never have judgement 21 Hen. 7. 71. pl. 15. Crooke For enticing my servant to depart Trespass lyes not but an action upon the case 11 Hen. 4. 3. pl. 46. For taking away his Prentice Regist orig 109. A. Per Goaler for taking away his pisoner Regist orig 104. A. 4 Edw. 4. 6. pl. 7. For taking his Captive from him Regist orig 95. A. 102. B. Vat. br 88. A. Si quis diâ—â—ringit ordine non observato facit transgressionem Bracton Lib. 4. fol. 217. A. Averia cepit abduxit Regist origin 97. B. The Count Lib. intra 628. B. Sect. 1. 670. B. Sect. 1. Note for live cattel the writ shall be cepit abduxit Nat. br 88. B. 21 Hen. 6. 39. pl. 5. 12 Hen. 8. 9. B. And the Writ for live cattel shall be Averia sâ—a or shew the thing in certain 21. Hen. 6. 39. pl. 5. And if the thing be dead or alive it is not material if the writ be pretii seu ad valentiam Nat. br 88. â— For taking away his Boar Regist orig 110. B. For taking away his Oxen Regist orig 110. B. For taking away his Mastiff Coke 7. part 18 A. 12 Hen. 8. 3. Regist orig 109. A. but he shall not say pretii or ad valentiam 12 Hen. 8. 5. A. Elliot Regist orig 109. A. For taking away his Capons the Writ was bona catalla and good 17. Edw. 3. 41. pl. 19. For taking away his Conies out of his Close the Writ shall be sâ—os Nat. br 87. A. Regist orig 93. B. 102. A. So if it be in a Park Regist 110. â— But if it be for entring in to his Waâ—râ—n and taking his Conies he shall not say sâ—oâ— for he hath them but ratione privilegii 3 Hen. 6. 55. pl. 34. Regist orig 110. A. Coke 7. part neither the value 8 Edw. 4. 5. pl. 16. Lakin The Writ was Quare Warrennam intravit cunicâ—los cepit asportavit without saying ibidem and yet good 43. Edw. 3. 13. pl. 7. If Conies go out of a Warren any may kill them in his own land and no action lyes Coke 5. part 104. 43 Edw. 3. 13. pl. 7. Deer if they be tame he shall say suas but then he ought to shew that they were tame 43 Edw. 3. 24. pl. 2. But if it be in a Park or Chafe he shall not say suâ—s because he hath them but ratione privilegii For taking away young Hawks he shall say suos because he hath a property possessorie Coke 7. part Regist orig 93. B. 96. B. 110. B. Nat. br 89. K. So if they be reclaimed For taking away a horse Regist orig 95. A. Nat. br 87. M. the Count No. Lib. intra 666. B. Sect. 15. Lib. intra 682. D. For his Sheep Regist orig 110. B. For taking his Fish this is good although the Count be of a hundred Fishes because this word Piscis est nomen Collectivum 4 Hen. 6. 11. Coke 5. part 35. 21 Hen. 6. 39. But the Count ought to shew the nature and number of the Fishes Coke 5. part 35. 31 Hen. 6. 39. De tauro suo libero Regist orig 109. A. Oves fugatas per quod morierunt Lib. intra 616. B. Sect. 1. Nat. br 89. L. Regist orig 97. A. Porcos fugatos per quod interierunt Regist orig 97. A. Nat. br 89. L. There he shall say the price because Cepit implies that he had gained a property but it is otherwise if this word be put out 1 Hen. 5. 3 4. But Regist orig 97. B. fuit Cepit abduxit without shewing the price because it may be he was seised of the Cattel Cepit in S. interfecit at W. contra pacem c. nought because Cepit implies a property and then contra pacem is not good 27 Assiz 64. Averia ad loca incognita fugata upon the Statute of Marlebridge cap. 4. Regist orig 97. A. 102. A. 30 Assize 38. Nat. br 89. N. De Com. in com ibidem imparcata upon the Statute of Marlbridge cap. 4. Westm 1. cap. 16. 1 2 Mariae cap. 12. Regist orig 97. B. 1 Eliz. Dyer 168. pl. 20. 2 Eliz. Dyer 177. pl. 32. Nat. br 89. P. And there are two causes of so doing 1. he cannot give them meat 2. they cannot be replevyed 22 Edw. 4o. 11. Note upon these cases upon the Statute the Writ shall not be general but special upon the Statute 43 Edw. 3. 30. pl. 16. The Action was of a Cow the Count Lil. intra 464. C. Pound For Marlebridge cap. 4. saith districtiones but not upon 1 2 Mariae cap. 12. for the Statute saith Cattel and upon the second branch it lyes well because it is there cattel or goods The Count was of taking in one Country 1 Eliz. Dyer 168 pl. 20. In this action the place of the taking is material because the distance of the place makes
In Appeal or Pleas of the Crown or in any proceedings upon them Or to the Writ Bill or Action Informations upon popular or penal Statutes Error in Law by misprision of the Judges in the judgement entred in another term Coke 5. part 57. B. Specots case Action upon the case in Cur. Wallingford the judgement was quod deft capiatur this is error being but an Action upon the case Trin. 9 Iac. Ban. Regis Northcot versus Heywood Concessum est where it should be Consideratum est this is error although there are 21 Presidents in my Lord Cooks Reports for by Man Secondary the Books are false printed Mich. 18 Iac. Ban. Regis Rot. 641. and by Williams if it be videbitur Curiae this is erroneous If it be Capiatur against the Defendant in Ejectione firmae Mich. 8 Iac. Ban. Regis Rot. 232. Dolby versus Holbrook It is ordeined per 27 Eliz. cap. 8. that if Error be brought in the Chequer upon a judgement in Ban. Regis they shall not assign in the Jurisdiction of the Court or in form of the Writ Return Plaint Bill Declaration Pleading Process Verdict or Proceedings And also there is a Proviso if it be in debt detinue account covenant ejectione firmae traverse action upon the Case The party cannot shew Error in Process in delay unless he shew that it is for his disadvantage 7 Edw. 3. 25. Coke 8. part 59. A. Beechers case Nothing that is contrary to the Office of a Judge shall be assigned for Error Nat. br 21. B. 7 Hen. 7. 4. Granting of Ayde where it shall not be is not Error so of Receit 7 Edw. 4. 12. 21 Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9. 11. 14 Hen. 6. 5. pl. pl. 25. So of Garnishment 14 Edw. 4. 1. pl. 3. So of making Attorney Nat. br 22. D. 21 Edw. 4. 77. But denyal of Ayde or Receit where it ought to be is error Edw. 4. 65. B. 5 Hen. 7. 8. 8 Hen. 7. 9. When the Visne is mistaken Replevin the Defendant prescribes to have all the Pasture of such a place in in W. except Common for the Inhabitants of D. and the prescription being traversed the Jury was of the Visne of W. only and this was a good rule in Error because the exception to the Inhabitants of D. was voyd therefore this was not in issue Trin. 11 Iac. Ban. Regis Wicker versus Stockeman Waste brought the Issue was for certain Oaks cut for repairing of the Castle of Burrum the Visne was of the Village of Burrum where it should have been of the Castle of Burrum this is Error Hill 12. Iac. Com. ban the Countess of Cumberlands case Trover and Conversion brought in Coventry upon not guilty pleaded the Visne was De Vicineto Civitatis Coventriae and this shewed in arrest of Judgement sed non allocatur and Error upon it brought and it seems that by Williams and Yelverton Justices that it is Error for it shall be of Coventry for Vicinetum is of the Neighbours and excludes the City and the Shrieve of the County ought to make it out 7 Hen. 6. 36. B. 4. Edward 4. 39. 7 Henry 4. 12. 80. Enquest 36. quaere tamen for the Court did advise about bringing a new Action Pasc 9. Iac. Ban. Regis Procter versus Clyfton Trespass for lopping of Wood in Hurslay the Defendant pleads that the place is parcel of the Mannor of Mamden in the Parish of Hurslay and the Custom is that the Copyholder may cut c. and found for the Plaintiff and the Visne was of Hurslay and it was moved that it was not good for the Parish is not certayn because it may comprehend more Villages but it was good per Curiam because Hursley shall be taken to be a Village and Parish and shall not be intended that there are more Villages in one Parish 5 Edw. 3. 20. Mich. 9 Iac. Ban. Regis Brocke versus Spencer Hill 9 Jac. Ban. Regis Savil Cavendish Condition to pay mony in the Church Porch of the Parish of H. and pleads performance the Visne was of H. and yet good for as it seems the Village and Parish shall be intended all one and the Parish shall not be intended to comprehend more Villages Debt upon an Obligation and shews the breaking of the Condition because a stranger recovered the Land at Westminster upon a good Title where the Land lyes in Com. Berks the Defendant said that it was by Covyn without this that it was a good Title the Plaintiff said that it was upon a good title the Visne shal be of the County of Berks where the issue is joyned upon the good Title and where the Land lyes but contrary if the issue be joyned upon the County but it was said if it were a personal Action it shall be where the Recovery is alleadged Mich. 9 Iac. Ban. Regis Hausaker versus Kirby Ejectione firmae of Land in S. T. the Defendant pleads Feoffment of the Land by Deed at S. the Plaintiff said non feoffavit c. the Visne was of S. and T. and good and the alleadging of the feoffment at S. is idle for it cannot be but upon the Land Mich. 9 Iac. Ban. Regis Debt for 20 l. Defendant pleads that at another time the Plaintiff sued him in London in such a Parish and shews the Record certain c. and that he had exectution in another Parish c. the Plaintiff said that it was in debt for another 20 l. for the which execution was awarded absque hoc that the plaint and the execution was for the same 20 l. yet the Visne shall be in both parishes because the issue is as well of the execution as of the plaint 5. Edw. 4. 110. A. vouches B. which vouches C. and after issue tryed the former Voucher dyes this shall not be pleaded in arrest of Judgement but it is Error 21 Hen. 7. 80. pl. 1. Crooke but if A. dye he shall abate the sute in facto ibidem In detinue against A. he prayes garnishment against B. which comes and pleads and are at issue A. dyes the sute abates ibidem Bar in Error No bar to say the former Writ depending that the Plaintiff did infeoff another for he remains Tenant notwithstanding 21 Edw. 3. 53. 20 Assize 2. 12 Assize 41. Coke 1. part 111. Albanyes case In nullo est erratum a good Bar 28 Hen. 6. 10. 9 Edw. 4. 32. 15 Eliz. Dyer 321. pl. 21. But note upon Error in Deed this is no plea 7 Edw. 4. 16. 9 Edw. 4. 32. 3 Edw. 6. Dyer 65. 2 Mariae Dyer 104. pl. 10. Lib. intra 288. D. sect 1. 289. D. sect 1. No. Lib. intra 233 B. Release of Errors a good Bar 20 Edw. 3. Error 2. Littleton 116. B. Coke 8. part 152. Althams case 6 Hen. 4. 8. pl. 36. 5 Edw. 4. 96. B.
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