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
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.
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
house the assignee shall have covenant against him named because this is annexed to the estate so the husband of the wife termor tenant per statute Marchant staple and every one that comes to the land Coke 5. part 17. Spencers case So in all cases where it is annexed to the estate Nat. br 146. C. 48 Edw. 3. Assignee of a reversion shall have covenant as well as the Lessor shall have it per 32 Hen. 8. cap. 34. but this is when it concerns the things demised and not collaterall covenants Coke 5. part 18. A. Spencers case Assignee of a Reversion for years when the Tenant for years for a greater Terme his assignee shall have covenant within 32 Hen. 8. although the lessor grant over his Terme Trin. 40. Eliz. Ban. Regis Rott 123. Natures versus Westwood Assignee shall have covenant upon covenant in Law Coke 4. part 80. B. 9 Eliz. Dyer 257. pl. 13. Lessee covenants with the Lessor and his heirs to repair the house the assignee of the lessor shall have covenant Mich. 9 Jac. Ban. Regis Bestwicke et Wilborne Lease for years to the Husband and wife the lessor outs them they may joyn in covenant because after the death of the husband she shall have the Terme if he grant it not over 47 Edw. 3. 12. pl. 11. The Cominalty of D. Covenants with the Maior and cominalty of L. that they shall be quit of Toll c. in D. and after one Burges in D. takes toll of one in L. covenant lyes for one corporation against another 48 Edw. 3. 17. pl. 2. Executor shall have covenant for covenant made to his testator for a personall thing Nat. br 145. D. and orig Regist 165. B. Note de conversione pro executoribus non invenitur in Registr sed pro assignatis tamen potest fieri pro executoribus tam bene quam pro assignatis A. leases to B. for life and dyes within 12 years the executors shall have it until 12 years c. B. dyes A. outs the executors within 12 years they shall have covenant 19 Edw. 3. covenant 24. Executor of an executor shall have covenant by the common law 19. Edw. 3. covenant 24. pol. Com. 290. Chapmans case Lib. intra 134 B. sect 1. Heir shall have covenant if the deed be made to him and his heirs Nat. br 145. C. 16 Eliz. Dyer 338. pl. 39. but this was to enfeofe him and his heirs A. enfeofes B. in fee rendering for 8 years one Rose and afterwards 20. B. dyes his heir within Age the Lord recovers the Land by reason of Collusion the Heir at full age shall have covenant 18 Edw. 3. covenant 7. A. covenants with B. and C. and their heirs et eorum utrique to make an estate to the heir of him which first dyes being percener the heir of one shall have covenant sole 16 Eliz. Dyer 338. pl. When any of the covenanters shall have severall interests or estates and the covenant is made with them et cum quolibt eorum they shall have severall covenants otherways not Coke 5. part 22. A. Matthewsons case Lessee for years by deed poll is out by the lessor he shall have covenant Nat. br 145. L. 21 Edw. 4. 30. pl. 25. But if a stranger outs him without title he shall not have covenant Nat. br 145. L. 22 Hen. 9. 52. pl. 26. Although it be by verdict Coke 4 part 80. B. Nokes case And although the lessor warrant to him during the terme 26 Hen. 8 3. pl. 11. But if a stranger that hath Title then it lyes Nat. br 145. 32 Hen. 6. 32. pl. 27. Nedham But Lessee for life shall not have Covenant upon such outing 26 Hen. 16. covenant 10. Nat. br 145. M. if the covenant be not exprest But the 13 Edw. 3. fines 165. per Shard if a Lease be to A. without impeachment of waste and waste be brought against him A. shall have covenant Tenant for life shall not have the benefit of warranty if he be not in possession 26 Hen. 8. 3. pl. 11. Lessee for years shall have covenant upon a demise and grant Coke 4. part 80. B. Nokes case et 5. part 17. A. Pasc 7. Jac. Ban. Regis Winchcombe et Rigge A lease made to A. per dedi et concessi the land is evict for years A. shall have covenant against the lessor for judgement was so entered Mich. 9. Jac. But Williams et Yelverton said that it was without their privity and Williams said that it lyed not Recusant shall not have an action for any thing seised in the Kings hands 1. Jac. cap. 5. Successor shall have covenant upon a covenant made and broken in the time of his predecessor 4 Edw. 3. 130. pl. 71. A covenant to levye a fine the party to whom this covenant is made shall have covenant Nat. br 146. F. Against whom Covenant lyes 1. Personall 2. Reall Administrator is subject to it 13 Edw. 3. cap. 11. Coke 9. part 40. A. Hensloes case Assignee of a termor shall be lyable without naming how the condition of the thing extends to the things in esse parcell of the demise Coke 5. part 16. A. Spencers case et fol. 24. Worcesters case This extends to him that comes to the demise by any way Coke 5. part 17. B. Spencers case So if the covenant extende to a thing to be newly made if it shall be made upon the demised land the assignee shall be boumd by expresse covenant to the lessee and his assignes Coke 5. part 16. B. Spencers case 25. Hen. 8. br covenant 32. lessee covenants for him and his assignes to repair a house covenant lyes against the lessee and then against the assignee and no remedy but an audita querela per Brooke A. leases for years to B. and covenants to suffer him to enjoy this there the assignee of A. is lyable not named 9 Eliz. Dyer 255. pl. 4. When the covenant extends to a thing which had not essence at the time of the demise the assignee is not lyable without naming Coke 5. part 16. B. When the demise is of a personall thing the assignee is not lyable by expresse name Coke 5. part 16 et 17. If the demise be of Land and a personal thing the assignee is not bound by expresse name for the personality for there can be no privily between the lessee an assignee Coke 5. part 16 et 17. The statute of 32 Hen. 8. cap. 34. extends to covenants which touch the thing demised and not to Collaterall covenants It lyes against executors Regist orig 165. B. Nat. br 145. H. and this is although they be not named 28 Hen. 8. Dyer 14. pl. 69. 45 Edw. 3. 17. pl. 4. 47 Edw. 3. 22. 48 Edw. 3. 2. pl. 4. 9 Eliz. Dyer 255. pl. 4 for they represent the person of the testator But all the executors ought to be named 47 Edw. 3. 22. pl. 20.
shall not be charged but for his Detainer 39 Edw. 3. 5. pl. 21. Crooke 118. pl. 62. A. bayls goods to B. which dyes in Detinue against Executors the question was whether they shall be named Executors or not and it seemed they needed not for the Detainor is the point of Action For Hill 12 Jac. ban Regis Isack Clark 13 Hen. 4. 12. pl. 2. 11 Hen. 4. 45. pl. 20. 2 Hen. 5. 6. pl. 29. 21 Hen. 6. pl. 1. one shall not answer without the other therefore they are charged for the Detainer only It lyes against an executor upon a rationable parte bonorum 17 Edw. 3. 9. pl. 29. Executor shall have a Detinue for goods in the possession of the executor of his joynt-executor if the said joint-executor will pay a debt to the value 3 Eliz. Dyer 187. pl. 6. It lyes against a stranger when they come to the possession of two 4 Edw. 4. 9. pl. 11. Nat. br 138. E. Lessor shall have a Detinue for implements leased with the house at the end of the terme against the Lessee although they are wasted 20 Hen. 6. 16. pl. 2. Against him that finds goods if they be wasted per willfull negligence otherwaies if it be by casuall means Doct. et Stud. 129. B. If a Horse be stole and sold in a market but not according to the statute the owner shall have a Detinue per 3. Mariae cap. 7. Administrator sold a thing the executor proves the will he shall have a Detinue against the vendee of the administrator Com. 275. Foxes case It lyes against a Sherive where he returnes upon a returna habenda quod averia elongata sunt per. Westm 2. cap. 2. 9 Hen. 6. 42. A Wife tenant in taile dyes before Issues quaere if a detinue lyes against the Husband without request 33 Hen. 6. 30. B. A feme trove dum sola fuit and takes a husband Detinue lyes against the hasband and wife Lib. intra 209. D. sect 4. 43 Edw. 3. 18. pl. 1. If A. enfeoffe B. with warranty B. shall have a Detinue against A. for deeds that comprehend warranty or are material for the Title Coke 1. part 2. If A. enfeoffe B. without warranty B. shall have it against A. for all Coke 1. part 2. And if the thing lyes in grant then it lyes against the Feoffor Coke 1. part 1. Buckbursts case And so in any case for a deed that makes his estate good Nat. br 138. K. A Lease made to A. for the life of B. remainder over to C. B. dyes C. shall have a Detinue against A. without request because C. had interest in it before 33 Hen. 6. 30. B. For what things Detinue lyes 1. Of chattels 2. Of deeds Detinue ought to be of a thing certain Nat. br 138. A. Money in a Bag Box or Coffer Nat. br 138. A. And this although the seal be broken 21 Edw. 4. 30. pl. 25. Littleton But otherwise it lyes not Nat. br 138. A. 22 Hen. 8. Dyer 22. pl. 137. Note Detinue was brought for one piece of Dornex of the value of 22 s. and tryed at Gloucester Assizes 5 Mariae 15 Jac. Vide tamen 21 Hen. 7. 82. pl. 3. Detinue brought of a piece of silver It lyes of Rationabile parte bonorum 17 Edw. 3. 9. pl. 29. Custome that the Heir shall have the principal goods Detinue lyes for them 30 Edw. 3. 2. pl. 9. 39. Edw. 3. 6. pl. 24. fol. 9. pl. 15. Land leased with implements at the end of the Terme Detinue lyes for them although wasted 20 Hen. 6. 16. pl. 2. If goods are lost Detinue lyes Nat. br 138. E. Goods bayl to deliver over Detinue lyes Nat. br 138. A. 18 Hen. 6. 9. A. A. bayls goods to B. which are stole Detinue lyes against B. for them Coke 4. part 84. Southcots case But if he receive them to keep as he doth his own goods and they are stole it lyes not Coke 4. part 83. Southcots case 9 Edw. 4. 40. pl. 22. Danby Carrier loseth goods or is robbed yet Detinue lyes against him Coke 4. part 84. 2 Hen. 7. 11. B. Townsend A contracts for corn to be delivered at a day to come he shall have Detinue at the day for this No. Lib. intra 169. B. Sect. 1. After divorce it lyes for goods given in marriage Nat. br 139. A. 26 Hen. 8. 7. pl. 1. 28 Hen. 8. Dyer 13. pl. 61. It lyes of a horse cow c. or more things or horses Nat. br 138. A. It lyes for the Plaintiff in Replevin for goods taken in Withernam because he had not the property in them 2 Hen. 4. br debt 51. 6 Hen. 7. 8. B. Quaere if the Avowant shall have a Detinue for his goods taken in Withernam after appearance and claim of the property 11 Hen. 4. 10. pl. 21. The Plaintiff in a Replegiare after returne irreplevisable upon tender of amends shall have a Detinue for the goods Coke 8. part 147. A. For he had the property in them 10 Eliz. Dyer 280. pl. 14. A delivered B. corn and wine c. and they perish yet Detinue lyes for them Doct. Stud. 129. A. But if it be a thing that shall be redelivered as a horse c. if it be used in other manner then was agreed and if it perish in Default of the party to whom it was delivered Action lyes Doct. Stud. 129. A. But if it be used but in such manner as it was agreed and it perish but not by Default of the party to whom it was delivered Action lyes not Doct. Stud. 129. A. Note in brevi de chartis reddendis semper debet poni certus numerus chartarum vel scriptorum Regist orig 159. B. Nat. br 138. B. The Count in Detinue 1. Of Chattels 2. Of Deeds The Count ought to name all things certain and the value 1 Rich. 3. 20. A. 3 Hen. 6. The Count was that such a year day and place Bayl to B. catalla c. scilicet one Cup of silver c. ad valentiam c. salvo custodiend eidem querenti cum inde requisitus fuisset redeliberand c. Lib. intra 212. B. A. counts de baylment of spoons c. ad valentiam c. Lib. intra 211. D. Sect. 2. Count was quod cum ipse the year day and place deliberasset W. in vita sua catalia c. posteaque predictus W. obiit c. post ejus mortem praedictam c. devenerunt such a day year and place to the hands of the aforesaid Executors praedictus W. nec praedicti Executores c. Lib. intra 212. C. Sect. 4. Count per Executor Com. 275. A. Foxes case Count upon baylment to B. which loses it and that the Defendant found it and yet detinet lyes Lib. intra 212. B. Sect.
3. Count of a Horse found No. Lib. intra 169. D. Sect. 2. Count upon a bargain for Corne to be delivered at a day to come that such a day year and place bargained for eight quarters of Corn ad valentiam to be delivered c. No. Lib. intra 169. B. Sect. 1. For two Obligations Lib. intra 220. A. Sect. 1. The Husband and Wife counts that they were possessed of a box sealed with Deeds concerning Lands c. and lost them and came to the hands of the Defendant such a year day and place per Trover c. Lib. intra 209. B. Sect. 3. Count of a box with Deeds Lib. intra 202. B. Sect. 7. Counts that his Brother whose Heir he is was seized of Land in Fee and of a box sealed with writings touching the Land and lost the box and it came to the hands of the woman dum sola fuit and dyes without issue and descends to him and takes a husband per quod c. Lib. intra 209. D. sect 4. Heir against executors Lib. intra 210. A. sect 5. The heir in a Detinue for a box with deeds ought to count that it was sealed for otherwise it belongs to the executors 36 Hen. 6. 27. pl. 26. 39 Edw. 3. 7. 8. 41 Edw. 3. 2. 11. Hen. 49. A. Paston And yet the sealing is not traviseable 41 Edw. 3. 2. The heir ought to count of the certainty of the Land and also how it was conveyed to him 3 Hen. 6. 19. pl. 31. 19 Hen. 11. pl. 29. He ought to count as heir if he claimes as heir 7 Hen. 6. 31. pl. 25. But if he count upon Baylement to rebayle to him and his heirs he need not to set forth the title to the land 19 Hen. 6. 41. pl. 84. If a Feoffee with waranty make a Feoffement with warranty or desseisee dye his heir shall have a Detinue and count specially Coke 1. part 2. A. Buckhursts case The heir counts that his father was seised in fee and demands the deed of the estate taile and good for his father may discontinue and take it again in fee 38 Hen. 6. 24. pl. 11. Count per Feoffee Lib. intra 210. sect 6. Note if the writ be of bona et catalla the count cannot be of Charters 22 Edw. 4. 12. pl. 32. And needs not say in the Count how the Defendant came to them 9 Hen. 5. 14. pl. 22. 4 Edw. 4. 9. pl. 11. Lib. intra 213. A. Sect. 2. If the Writ be of a box with deeds the Count shall be accordingly and not of a deed certain 41 Edw. 3. 2. pl. 5. 14 Hen. 6. 4. A. The Plaintiff in a Detinue for Deeds for Land ought to make title in the Count 33 Hen. 6. 26. pl. 12. Prisot for otherwise he ought to make request and then an Action upon the case lyes The Writ in Detinue 1. Of Chattels 2. Of Deeds 1. In Comitatu dicitur injuste detinet Regist orig 139. B. Si quis rem mobilem vendicaverit ex quacunque causa oblatam vel commodatam debet in actione sua definir e pretium sic proponere actinem suam quia ille a quo res petitur non tenetur precise ad rem restituendam sed sub disjunctione vel ad rem vel ad pretium Bracton Lib. 3. fol. 102. B. If it be against an Executor it need not name him Executor because he is only charged with the Detainer 29 Edw. 3. 38. pl. 12. Rex praecipimus tibi quod justicies L. quod juste c. reddat T. quandam chartam vel duas chartas vel quoddam scriptum obligatorium vel conventionale vel acquietantiae vel quiete clamantiae vel testamentarium vel quoddam Cyrographum quod quas vel quae ei injuste detinet ut dicit sicut rationabiliter monstrare poterit ne amplius c. Regist Orig. 159. B. Nat. br 138. B. Rex praecipe F. quod reddat W. quandam chartam c. quam ei injuste detinet ut dicit nisi fecerit c. Regist orig 159. B. Nat. br 138. B. The Writ for Deeds in a bag box or chest Regist 159. B. Lib. intra 209. C. Sect. 1. Note when a man demands writings in a bag box or chest he needs not make mention in the Writ or Count what writings they were Regist orig 160. A. If one sue for deeds in any Court without a Writ a prohibition lyes vide the Writ Regist orig 159. B. Nat. br 139. C. A. bayls Deeds to rebayl to him and his Heirs there the Heir need not mention though he is Heir in the Writ 5 Edw. 3. 159. pl. 24. The Process in Detinue 1. Before appearance 2. After By the Common Law it was but a distresse infinite Nat. br 139. A. 14 Hen. 6. 1. But per 25 Edw. 3. cap. 17. a Capias was given But lyes not in a Detinue for Deeds 5 Eliz. Dyer 223. pl. 24. The Processe at Common Law was a Summons Attachment and distresse Nat. br 139. A. 14 Hen. 6. 1. But if the deeds are in a box Capias lyes 20 Edw. 4. 3. pl. 12. 7 Hen. 4. 2. pl. 8. 14 Hen. 6. 1. pl. 1. 40 Edw. 3. 25. pl. 28. But then it ought to Count of a Deed in certain 14 Hen. 6. 1. pl. 1. The Garnishee may be summoned by word 1 Hen. 5. 13. The Garnishor may grant a scire facias to issue out against the Garnishee and if he make default judgement shall be given against him Lib. intra 217. B. Sect. 3. The Garnishment in Detinue 1. Of chattels 2. Of Deeds Garnishment is granted for saving the Condition if not performed only this whether the Defendant did or not and for no other cause 40 Edw. 3. 11. pl. 24. The Defendant in Detinue pleads that the Plaintiff and B. delivered this upon condition and prays Garnishment and had it without shewing what conditions were 3 Hen. 4. 18. And also the reason to be because the conditions came not in debate between the Plaintiff and Defendant Garnishment prayed of the Heir and Executor of B. good because it did not appear whether the Deeds in the box were reall or Chattels 14 Edw. 4. 1. pl. 3. 21 Edw. 3. 41. pl. 44. 48 Edw. 3. 30. pl. 19. Garnishment granted against an Executor because it was supposed that the Testator was one that delivered the deeds 14 Hen. 6. 11. pl. 42. The Defendant shall have Garnishment although the Garnishee was a stranger to the Delivery 14 Edw. 4. 2. If the Garnishee be returned dead then his Heir or Executor shall Garnie and if it be a Chattel and it is returned that he is dead intestate the Ordinarie shall Garnie 48 Edw. 3. 3. pl. 19. So of the Successor Lib. intra 217. C. Executor shall have Garnishment upon delivery to his Testator Lib. intra 216. D. Sect. 1. Enterpleader in Detinue 1. Of Chattels 2. Of Deeds
Tenant in Dower cannot distrain for arrearages due before the Recovery 40 Edw. 3. 22. pl. 19. Lease of Tythes rendring rent there shall be no distress because the Tythes are the thing leased 11 Hen. 4. 40. A person claims rent by prescription and distrains for it Lib. intra 557. Charge 1. A. grants a rent Charge to B. in Tayl and if the Bayly of the King distrained that the party might distrain 46 Edw. 3. 18. Rent granted by Fine and Distress appointed to the Justices of the Com. Ban. or Barons of the Exchequer they may distrain 38 Edw. 3. 33. Of what things a man may distrain Money cannot be distrained unless it be in a bag sealed 22 Edw. 4. 50. B. pl. 17. 41 Edw. 3. Distress 14. Cattel in a Waggon may be distrained but out of a Waggon not 2 Hen. 4. 15. pl. 17. 41 Edw. 3. Distress 14. 22 Edw. 4. 50. 11 Hen. 7. 14. pl. 8. 21 Hen. 7. 39. pl. 55. because there can be no Returne neither a Replevin lyes of them The Lord cannot seize the Cattel and put them in a Waggon and then distrain them 18 Edw. 3. 4. A Horse at the Smiths Shop garment in a Taylors Shop a Horse in an Hostrey shall not be distrained but if the Saddle be on the back of the horse when he is at the Shop he may be distrained 22 Edw. 4. 40. pl. 15. 15 Rich. 2. Avowry 19. A horse upon which I ride over my ground the Lord cannot pursue and take him as a Distress 6 Rich. 2. Rescous 14. A horse of any man shall be distrained through the whole Village for all the Fees of the Knights of the Parliament 11 Hen. 4. 2. If a man be taxed to Fifteens having Cattel levant in another village when they come within the Parish they shall be distrained 1◠Edw. 3. 11. pl. 39. A Horse of a stranger escapes in the land of him that hath lost Issues he shall be distrained as it seems 5 Hen. 7. 1. If the best beast be estrayed the Lord may distrain any cattel in the Land 27 Assize pl. 24. A Goshawk distrained and the distress justified 16 Edw. 4. pl. 9. Fishes in a Pond cannot be distrained Crooks Reports 188. Hive of Bees shall be distrained as it seems for a Replevin lyes of them Nat. br 68. D. Door or Window is not distrainable 11 Edw. 3. Cessavit 21. 21 Hen. 7. 26. 14 Hen. 8. 25. Brudnel Milstone that is severed for pricking shall not be distrained 14 Hen. 8. 25. An Anvil shall not be distrained 14 Hen. 8. 25. A Barge was distrained by prescription 3 Mariae Dyer 117. pl. 73. The Lord distrained cattel for services before they were Levant and Couchant 4 Edw. 3. 37. Issue joyned 8. 22 Hen. 6. 37. 15 Hen. 7. 17. Doct. Stud. 15. A. Sheep shall be distrained if other distress cannot be found at the day of the distraining 29 Edw. 3. 16. Cattel of the Plough shall not be distrained if there be other Distress sufficient 14 Eliz. Dyer 312. pl. 86. Cattell delivered by the Shrieve to the Tenant in Dower for seisin of Rent shall not be distrained for arrearages 40 Edw. 3. 22. pl. 19. Yarn brought upon a horse to a neighbour to weigh this the Lord cannot distrain for Rent because it was brought for a special intent Mich. 39 40 Eliz. Com. Ban. Burleigh versus Read Cattel put into black Acre and they stray into white Acre through default of enclosure shall not be distrained 22 Eliz. Dyer 365. pl. 33. A. ought to inclose against B. and leases to C. for 21 years which leases to D. for ten years rendring Rent the Cattel of B. for default of enclosure escape and pursues them C. cannot distrain for no default was in the owner of the Cattel 15 Eliz. Dyer 317. pl. 9. vide 39 Edw. 3. 3. pl. 12. What Person shall distrain A Commoner shall distrain for damage fesant and is not tyed to shew per quod amisit Communiam No. Lib. intra 573. D. sect 4. 24 Edw. 3. 42. pl. 23. Coke 9. part 112. B. 46 Edw. 3. 23. 15 Hen. 7. 2. 7 Edw. 3. 266. pl. 39. 13 Hen. 8. 15. Tenant at sufferance distrains damages fesant 4 Hen. 7. 3. He to whose use before 27 Hen. 8. could not distrain because he had nothing in the Land 15 Hen. 7. 2. pl. 4. Sheep bayled to a woman sole to dung her land who takes a Husband who commands the Owner to take them again who refuseth the husband may distrain them damage fesant 43 Edw. 3. 32. pl. 3. The Lord distrains cattel because the Tenant puts in more then he ought in the Common 46 Edw. 3. 12. pl. 13. A. sold 50 Acres of Moor to B. yet every one of them ought to inclose against the other and if the cattel of the one go into the Land of the other they shall be distrained damage fesant 23 Eliz. Dyer 372. pl. 10. At what time a man may distrain For Rent-services he shall not distrain in the night 11 Hen. 7. 5. pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3. 21. Coke 9. part 66. A. After the Terme ended no distress 14 Hen. 4. 31. But 22 Hen. 7. 96. pl. 5. by all if a Lease for years be ended and the Lessee keeps in the Lessor shall distrain for the arrearages A Lease till Mich. for one year rendring rent at Mich. he cannot distrain because the Lease is ended at the Instant Doct. Stud. 74. A. Husband leases the Wife dyes without Issue the Husband cannot distrain because the reversion goes to the Heir 9 Hen. 6. 45. 28 Hen. 8. Dyer 28. pl. 191. A. leases for years and grants the reversion to B. yet if the Cattel of B. comes upon the Land A. shall distrain during the Terme 10 Edw. 4. 4. tamen Quaere For damages fesant in the night Assets good Coke 9. part 66. A. Mackally's case 11 Hen. 7. 5. pl. 8. 12 Edw. 3. Distress 17. 10 Edw. 3. 21. A. enters upon condition broken and takes the Cattel of the Lessee damage fesant Quaere 5 Eliz. Dyer 322. A man distrains damage fesant although the owner makes fresh suit 7 Hen. 7. 1. pl. 11. 11 Hen. 7. 4. pl. 11. 10 Hen. 7. 21. Doct. Stud. 15. è contra In what place a man may distrain A man fined in a Leet being one of the Deziners shall be distrained through all the Jurisdiction of the Leet although that he be of the other Dezin Coke 11. part 45. A. 11 Hen. 4. 89. 13 Hen. 4. 9. A man shall distrain in any place within the precinct of the Court 19 Edw. 3. 2. Avowry 225. 8 Rich. 2. Avowry 194. 47 Edw. 3. pl. 12. For amerciament in the Shrieves Tourne he may distrain throughout the County 12 Hen. 4. 24.
6. 14 Hen. 7. 13. And at this day an Executor of an Executor shall have such Action Regist 98. A. the rule there But he shall not have it before 25 Edw. 3. cap. 5. Com. 290. A. Chapmans case But an Executor shall not have such Action De clauso fracto 11 Hen. 4. 3. pl. 8. 4 Edw. 4. 8. A. Catesby Neque de Arboribus succisi tempore Testatoris 18 Edw. 4. 16. A. Pigott Executor shall have Trespass before probate unless it be for a thing taken out of his possession Com. 281. One Executor shall have Trespass for a thing taken out of his possession with his Companion 42 Edw. 3. 26. pl. 12. 2 Rich. 2. Executor 75. But the 19 Henry 6. 65. to the contrary Executor shall have Trespass de bonis Testatoris in custodia sua existen Regist orig 94. A. 2 Henry 7. 15. 6 Edw. 4. 1. A. takes administration of the Goods of B. C. proves a Will by which he was made Executor and brought Trespass against A. for the Goods it lyes although the Administration was not repealed for the Administration was void from the beginning Mich. 12 Jac. Ban. Regis Fisher Young Executor shall have Trespass against the Lessor which cuts him Regist orig 102. B. If the Lessor outs the Executor of the Lessee the writ shall be Summon per bonos summonit c. but if he outs him and takes the Goods within the land the Writ shall be pone per vad c. Register origin 102. B. in the Note By a Goaler against one that takes a Prisoner from him but a good bar that he is not Goaler because it is the ground of the Action 4 Edward 4. 6. pl. 7. fol. 44. pl. ult Church-wardens shall have Trespass for the Goods of the Church taken in their time or in the time of their Predecessors Nat. br 91. K. 8 Edw. 4. 6. pl. 5. 12 Hen. 7. 27. pl. 7. 11 Hen. 4. 12. 8 Hen. 5. 4. 37 Hen. 6. 30. 10 Hen. 7. 9. pl. 5. But ad damnum p arochianarum 8 Edw. 4. 6. pl. 12 Hen. 7. 27. pl. 7. But a good plea that he is not Church-warden 4 Edward 4. 7. A. But 19 Henry 6. 66. sayes that it is not good for Goods in the time of their Predecessors For making a Grant of Rent in fee to the use of the Parochians taken Lib. intra 7. D. Every Ancestor male or female shall have Trespass for ravishing of his Heir apparant a-against a stranger but not against the Gardein in Chivalry unless the father only Coke 3 part 38. B. Ratcliffs case Nat. br 143. R. 30 Ed. 6. pl. 7. fol. 16. pl. 19. Regist orig 98. B. 99. A. A man shall have Trespass for his Son and Heir Daughter and Heir Nat. br 98. H. 29 Assize 35. 21 Hen. 6. 14. pl. 29. 12 Henry 4. 16. pl. 9. 3 Edw. 4. 12. B. Danby And this of what age soever his Son be 32 Edw. 3. Gard. 32. Grantee of Herbage shall have trespass quare clausum fregit for the grass but not for the other profits or Fruit-trees 11 Elizabethae Dyer 285. pl. 40. 3 Hen. 16. 13. A. 5 Henr. 7. 10. B. The Heir shall have Trespass for taking of a Deed concerning Land to him descended and it is good although he doth not say scriptum suum because of necessity it must belong to him 1 Edw. 3. 18. pl. 11. But not against an Executor that taketh a box with Deeds 1. because the box appertains to him 2. he had not knowledge what was in the box 3. the heir hath other remedy scilicet a Detinue 43 Edward 3. 24. pl. 3. But lyes against an Executor for taking away a Furnace fixed or fates fixed or pales fastned windows doors evidences 21 Hen. 7. 26. pl. 4. It lyes for an Heir against an Executor for taking fishes out of a pond Mich. 36 Eliz. Banc. Regis Rott 25. Parlett versus Gray Crook 118. pl. 60. So for Deer or Pidgeons vide Assize 27. pl 29. The Lessor excepts the Trees he shall have Trespass Quare clausum fregit 14 Henry 8. 1. 28 Henry 8. Dyer 19. pl. 48. 46 Edward 3. 22. pl. 3. Coke 8. part 63. A. Swaynes case Lessor at Will shall not have Trespass although he determines his will untill he enters Crook 3. Henry 8. 163. pl. 4. A. enters upon Tenant at will and subverts the soyl he shall have one Action and the Lessor another 19 Hen. 6. 45. pl. 94. so of a Copyholder and Lord 2 Henry 4. 12. Coke 4. part 31. A. Lessee cuts Trees to the intent to repair the Lessor takes them the Lessee shall have Trespass 44 Edw. 3. 44. Estranger cuts Trees the Lessee shall have Trespass and shall recover treble damages Doct. Stud. 34 A. 23 Hen. 8. Br. wast 138. 44 Hen. 8. 26. But â—if the Lessor dies the Lessee shall recover but single damages 44 Edw. 3. 26. Crook 3 Hen. 8. 163. pl. 4. 1. If the Servant be beat the Master shall have Trespass Nat. br 91. I. Regist orig 102. A. 8 Hen. 6. 28. 19 Hen. 6. 35. pl. 73. although he be but Servant at will 21 Hen. 6. 9. A. Newton vide 11 Hen. 4. 2 2. 2. For taking away his Prentise Nat. br 91. I. 8 Hen. 6. 28. 21 Hen. 6. 31. pl. 18. 3. The Lord of a Villain shall have trespass 22 Henry 6. 30 32. The Ordinary shall have it for a thing taken out of his possession Nat. br 91. M. 18. Hen. 6. 23. 7 Hen. 4. 18. pl. 22. 11 Henry 7. 12. 17 Edw. 2. brev 822. But not for a thing which was not in his possession Nat. br 92 A. Coke 9. part 39. A. Hensloes case 7 Henry 4. 18. pl. 22. Parson shall have Trespass for Tithes taken after severance of the 9 parts 10 Hen. 4. 2. pl. 2. Gascoign 21 Henry 7. 27. pl. 5. before any seisure because it is certain by the severance and the Law ejects the possession and propertie upon him Com. 281. A. Foxes case But not of a Mortuary before seisure Com. 281. A. 10 Hen. 4. 1. Parson or Vicar shall have trespass for the walls or glass of the Church or grass or trees in the Church yard c. or glebe-land 11 Hen. 4. 12. pl. 25. 8 Hen. 6. 9. pl. 20. 11 Hen. 6. 4. B. Danby Parson imparsonee shall have Trespass against any that is admitted and inducted into the said Church if he intermeddle with the glebe or tythes Com. 500. B. 38 Hen. 6. 24. 39 Hen. 6. 21 27. He that hath protection shall have trespass against him that takes his Goods Nat. brev 92. B. If one hath the possessiou of a thing he shall maintain an Action against him that hath no right Com. 546. A. But note that upon a possession in Law only he shall not have Trespass 22 Henry 6. 49. 5. But if A. gives Goods to B.
And although he were outlawed if he be pardoned 29 Assize 47. Nat. br 22. B. Corporation shall have a writ of Error but no single person of them 21 Edw. 4. 58. Townesend He that disclayms shall not have it Nat. br 22. C. Coke 8. part 6. B. 62. A. But if one plead Non-Tenure and it be found against him yet he shall have it 6 Edw. 3. 188. pl. 17. Nat. br 22. C. A. brought a Praecipe against B. which infeoffs C. judgement given for A. yet B. shall have Error 21 Edw. 3. 53. 12. Assize 41. 20. of Assise 2. 50 Assise 3. Coke 1. part 111 Albanies case Judgement given against the Defendant in debt and after because he paid not nor rendred his body c. judgement was given upon a Scire facias against the bayl and they all joyn in a writ of Error therefore not good because one is not party to the judgement given against the other Mich. 9 Jac. Regis Wildegoose against Duport Trespass against two where one was within age and appears by Attorny and judgement Quod cap. they joyn in a writ of Error because the judgement is entire Hill 9. Jac. Ban. Regis Orme Bird. Surviving Joynt-tenant shall have error of all 19 Edw. 3. Error 1. 19 Assize pl. 8. Two outlawed upon a Capias in Redisseisin with force one shall have Error sole 8 Hen. 4. 3. Judgement against two in conspiracy one dyes the other shall have a writ of Error 24 Edw. 3. 76. pl. 99. Mich. 30 31 Eliz. ban Regis Pegot being an Infant and another levyes a fine P. sole brought error and good for this is error in deed therefore it shall be brought by him it most concerns If one makes a Retraxit yet he shall have Error Coke 8. part 62. A. Beechers case The King shall have Error 15 Ed. 3. Error 72. He in Reversion disseises Joyntenants and suffers an eroneous recovery the wife releases with warranty and dyes this warranty is a bar to the writ of Error because by his own Act he hath disabled himself to take benefit of the forfeiture Coke 3. part 61. A. Lincoln Coledge case A recovers a moyety of a Mannor against B. which infeoffs C. B. and C. make partition B. dyes his heir shall have a writ of Error and by Newton A. had issue a Son and a Daughter by one venter and another Daughter by another venter and dyes the Son enters and dyes the youngest Daughter is found Heir in a Nuper obiit they make partition the eldest Daughter shall have a writ of Error 19 Hen. 6. 25. A. Prey in Ayde shall have a writ of Error Nat. br 21. C. Coke 3. part 3. B. 4 Assise pl. 7. Patron after ayde Pryor shall have Error 12 Hen. 8. 8. Pollard Garnishee shall have a writ of Error 21 Hen. 6. 35. B. Paston 7 Hen. 6. 41. Coke 5. part 99. B. Hoes case Garnishee in London upon an Attachment according to the Custome shall have Error 22 Edw. 4. 30 31. Tenant per Receipt shall have Error Coke 3. part 3. 4 Assise 7. 20 Edw. 3. Error 2. Vouchee shall have a writ of Error 8 Hen. 4. 3. Nat. br 21. C. 4. Assise 7. 17 Edw. 3. Error 90. Nat. br 21. M. 108. A. And the Tenant shall have another writ of Error 8 Hen. 4. 3. 21. Nat. br 21. C. But if the Vouchee release before Error brought the Tenant shall not have it 17 Edw. 2. Recovery in value 32. Heir general shall have a writ of Error 20 Edw. 4. 13. Lib. intra 296. A. sect 1. And if the Ancestor be outlawed of Felony he shall have it Nat. br 21. N. But not for High Treason per 28 Eliz. cap. 2. The Heir special shall have it for the Lands to which he is heir 3 Hen. 4. 19. Nat. br 21. K. 9 Hen. 6. 47. 1 Mariae Dyer 90. pl. 5. Executor shall have error upon judgement for debt or dammages Nat. br 21 M. Although that he be Executor to the Bishop Parson or other sole Corporation Nat. br 22. A. Coke 4. part 65. A. Fulwoods case 8 Hen. 6. 25. A. Martin And this upon the Statute of 29 Eliz. cap 8. Coke 6. part fol. ult Executor shall have error upon an Outlawry of the Testator and restitution 11 Hen. 4. 65. pl. 22. 5 Edw. 4. 7. Although that the Outlawry be for felony Coke 5. part 111. A. Administrator shall have error in the same manner as Executor shall have Nat. br 21 M. 6 Edw. 6. Dyer 76. pl. 31. Successor shall have Error for a thing which toucheth the succession Nat. br 22. A. 16 Edw. 3. Error 69. 8 Hen. 6. 25. A. Martin The King collates A. to a Chapel against whom an Action is brought A. resigns the King collates B. Judgement is given pro querente B. shall have Error 15 Edw. 3. Error 7. 15 Assize 8. But for Debt or Dammages recovered against a Bishop c. or any secular sole Corporotion the Successor shall not have Error Nat. br 22. A. He in Reversion after the Estate ended shall have Error at common Law and not before Coke 3. part 4. A. 21 Hen. 6. 29. Newton 3 Hen. 4. 6. 32 Edw. 3. Error 73. 4 Hen. 8. Dyer 6. pl. 5. com 24. B. Weston And per 9 Rich. 2. cap. 3. he shall have it during the Estate for life Coke 3. part 4. 22 Edw. 4. 31. A. Vavisor 3 Hen. 4. 6. 12 Hen. 8. 9. A. Brudnell And by equity he in remainder shall have it Nat. br 108. A. 1 Mariae Dyer 90. pl. 5. But at common Law the Donor shall not have it altogether com 241. B. And yet he shall not have Error during the Estate tayl because he is not within the Statute 9 Rich. 2. cap. 3. Coke 3. part 61. A. Lincoln colledge case 10. part 44. B. Portingtons case But after the Estate tayl ended he shall have it because the Law rayses the reversion in the Donor Coke 3. part 3. B. And although Tenant in tayl suffered a Recovery and released Errors yet brings error and is barred and dyes without issue yet the Donor or he in Remainder shall have Error 3 Eliz. Dyer 188. pl. 9. Note regularly no Stranger shall have Error 22 Edw. 4. 31. per Brian Conusor aliens execution is sued erroneously the Alienee shall have Error Nat. br 22. B. 4 Hen. 8. Dyer 1. pl. 5. 17 Assize 24. 18 Edw. 3. 25. pl. 17. Crook 6 Hen. 8. 169. A. Pollard A. clayms wood in the Forest and this allowed before two Justices of the Forest B. C. which clayms Estovers brought a writ of Error in Ban. Regis 21 Edward 3. 48. pl. 70. Tenant in Praecipe enfeoffs B. Judgement given pro quer B. shall have Error for the mischief 21 Edw. 3. 53. 21.
deeds Coach Gathering tithes Dove-house Crosse Delivery of a deed Discharge of a prisoner Farrier Smith Ferryman Forbearance Fobearance Goaler Warranty Lessor Marriage money Obtains a Lease Payment Planting Save harmlese Infant Sollicitor Sufferance Tabling Lodging Vendor Vendee Barber Physition or Chirurgeon Assumpsit Clarke Sergeant Counsellor Plough my land Attorney Carpenter Cranage Farrier Lyccence Mispleader Borrowed Burning a house Bayly Dog Escape In-keeper Servant Deceit in Bargaines Horse Cloath Grain Herring Saphire Wood. Wine Deceit in bargains Horse Cloath Gumme VVine Victual VVax Trover Quid et Quotuplex Money Note Money Sheep Chain-door Horse Deeds Frument grain Jewels VVooll VVood. Monkey Pippins Administrator Assignee Assignee Husband and wife Corporation Executor Executor of an executor Heir Joynt-tenant Lessee Recusant Successor Fine Administrator Assignee Executors Feme Heir Infant Lessee Lessor Parson Parcener Pledge Successor Deed. Guardian in Soccage Pattent Mill. Termor Lease Lessee Count. In Comitatu In Banco Covenant personall Covenant Reâ—ll Accord Disturbance Performance Release Personall Reall Fine In Comitatu Avowant Husband Executor VVoman Heir Lessor Proprietor King Lord. Use Husband and wife Donor Estranger Feoffee Note Feoffor Heir generall Heir speciall Joynt-tenant Joyn-renant survivâ—r Recusant Remainder Ter-tenant Lord. Abbot Administrator Avowant Bayly of goods Husband and wife Carrier Executor Estranger Lessee Trover of goods Vendee Shreive Husband Feoffor Against a Lessee for life Certain Rationabile parte bonorum Heir Implements Goods lost Goods Bayl Carrier looseth goods Corne. Divorce Replevin Tender amends in Replevin Corne. Wine Horse Note Count. Baylement Spoons Devenerunt Agâ— executors Per executor Trover Contract Obligation Husband and wife for box with deeds Heir against husband and wife Heir Feofee Note In comitatu In Banco Detinue for chattells Detinue for deeds Garnishee Garnishment Enterpleader Accord Attachment Command To deliver over Given Distres Estray Malady Non detinet Payment to the valew Pledge Perish Robbery Recovery Travers Vendee Bastardy Fâ—osment Warranty Rebaylment Release Retainer Infancie Recovery Release Against the Defendant Plaintif Against the Defendant Against the defendant and the garnishee Chattells Deeds Deeds By the party grieved To a person certain Action popular Note Accountant Administrator Attorney Baylor Husband Husband and wife Clarke of the Peace Colledge in Oxon. Colledge of Physitions Stat. Marchant Staple Counsee According to 23 Hen. 8. Recogn Counsellor Executor Feme Grantee of a Reversion Annuity Heire Lessor Ordinary Parson Physitian Recusant Robbery Steward Servant Successor Surgeon Vendor Shrive Use Outlawed person Abbot Accomptant Administrator Assigne Joyntenant Attorney Attainder Baylee Husband Husband and wife Conusor Customer Enfant Executor Goaler Heire What shal be assets to the Heire Hundred Lessee Life Master Ordinary Father Pledge Purveyor Receivor Successor Society Shrive under shrieve Outlawed person Lent Baylment Contract Agistment Marriage money Regula Partition Rent upno a personal thing Salary Servant Steward Surgery Tabling Tabling and physick Taylor Vendition Servant Wife Voluntary per Cryer Shrieve Neglâ—gent escape per Shrieve Marshall Deputy Mayor de Staple Lord de Franchize Grannt penalty Annuity For Life In Tayle Annuity or Rent in Fee Judgment given in debt for the principall For damages and costes Fine Amerciament Judgment out of Court as statute Recognizance Account at the common law Arbitriment By laws or ordinances Matter in law as for Ayd For an Annuity against a Customer c. after delivery of a Liberate Pro rationabili parte bonorum For a reliefe per executor For Tolle For Escuage Simple Obligation conditional County Administrator Husband and wife Against a collector By executors Wife executrix Against executors Heire Ordinary Nota. Nota. Account For arrerages of account 2. before auditors 2. before auditors Lord. Lending to successor To the party Baylment Contra a Reall 1 for years 2 for life 3 at will Contract personal Servant Rent upno a personal thing Salary for a Counsellor Atturney Servant Steward Tabling Vendition Escape Judgement in Court Debt for damages For fine or amerciament Judgment out of court Arbitriment Obligation simple Accord Acquittance Attachment Attainder Nil debet Non composti mnetis Payment Obligation condionall Accord Conditions performed Arbitriment Condition to levy a fine Deed pol. Condition Impossible condition Payment Permit â—etainer â—arr generall to an obligation Acquittance Coverture Infancy Non est factum Recovery Release â—ymony Statute Statute law Against an executor 〈…〉 Against â—n heir Possession Note Tenant for years Lessee Husband and wife Coppy-hold Executorâ— Church-wardens Tenant by elegit Tenant in common Husband and wife Estranger Feoffee Grantor Heir Lessor Recoveror Lord. Tenant in common Cattell Wood. Chamber Tythes Garden c. Water-course Hundred Mannor Messuage Chappel Mill. Pasture Oxe Meadow Rectory Reversion Land Bishop Husband and wife Person Lease Demise Accord Dures Ejecit Entâ—ie Surrender Note Quid. Note Cestui que use Chancellor Defendant Half blood Corporation Bishop Ratione patronatus Ratione Lapsus In what case Lapse cannot incurre without notice Parson Prebendary Dean and Chapter Aggregate Corporation mixt In his own right Creation Ratione temperalium Outlary Symony Note Disseisee Executor Enfant Feme Covert Feoffee or Grantee 1. of the King 2. of another Daughter Founder Joynt-Tenants Nominator Parceners Procurator Recoveror Reversâ—oner Queen Lord. Tenant in Tayl. In Dower For life For yeers In common Travers Note Patron sole Incumbent sole Note Plaintif Shrieve Disturbor Chappel Denary Domus Sancti Martini Hospital De Medietate Advocationis Parsonage Prebend Subdeconry Vicaridge Presentation in his own name Presentation in him by which he claims Litigious What shall be accounted Litigious Refusing the Clerk for default in the presentee which is Note Presentor which is Presentation Abatement Appendant Arbitrement Confirmation Discontinuance Fine Warranty No Disturbor Non-suit No such Church Pardon Plenarty Incumbent Presentation Recovery Recusancy Release Upon Default Non-suit Discontinuance Composition Disclaimer Abatement Verdict Single Damages Note Note Administrator Husband and Wife Baylee Executor Joynt Tenant or Tenant in Common Parson Proprietor Lord. Successor Baylee King Lord. Shrieve Cattels Wood. Barge Mastiff Deeds Bees Ferret Grain Man Sheep and Lambs Park Sow and Pigges Cows and Calves Yarn Misnosmer of the Place County Village For Fine or Amerciament in a Court Leet Tax by Parliament Amerciament in a Court Baron Amerciament in Tourne Tax by the Inhabitants Suit to a Mill. Rent-service Herriot For a certain Leet Ayd Suit to the Hundred Relief Agistment Inholder Estray Pledge Toll Damage feasant Forfeitures Arrerages Rent Rent by prescription Rent Charge Money Cattel in a waggon Lord. Horse Goshawk Fishes Hive of Bees Door or Window Milstone Anvil Barge Lord. Sheep Plough Cattel in Dower Yarne Cattel Default of Inclosure Damage fesant Sheep Lord. Common Services and A. merciaments Husband and wife Reversion Damage fesant Leet Tourne of the Shrieve For a â—ax by the Parliament For service Herriot Service House Estranger Glebe Lessee Lords Fee Fresh suit Pound Rent-Charge River of Thames Court Leet
or Service upon a guift in Tayle or other particular estate Coke 8. part 65. A. Fosters case What Seisin shall be good Seisin of the Superior service is seisin of all inferiors because they are incident to it Coke 4 part 8. Bevils case Seisin of Escuage is seisin of Homage Coke 4 part 8. Seisin of Homage is seisin of Fealty Coke 4 part 8. Seisin of Homage is seisin of the Superior or Inferior Seisin of Homage is sesin of Escuage 13 Edw. 4. 5. and is seisin of Relief 13 Edw. 4. 5. Seisin of fealty is seisin of all because he takes an oath to do all Coke 4 part 8. A. Bevills case 44 Edw. 3. 11. 8 Hen. 6. 16 Seisin of annuall service is seisin of every casuall service Coke 4 part 8 9. Bevills case 20 Edw. 3. Avoury 121. 7 6. B. avoury 69. Rent is seisin of fealty 29 Edw. 3. 21. A. 3 Edw. 2. avowry 188. Seisin of annual service is not seisin of other annual service because it is the folly of the Lord because he did not obtain that which is annuall Coke 4 part 9. A. Bevills case 16 Eliz Dyer 330. Reservation the former year one Rose and afterwards 20 s. per annum the seisin of the one gives the seisin of the other Coke 4 part 9. Bevills case The Lord recovers damagefor suit this is a good seisin of the suit Coke 4 part A. Bevills case 1. Note that seisin in law is sufficient seisin within the statute 35 Hen. 8. cap. 2. 1 because the intent of the Feoffors was to limit the time and not to exclude any seisin that was at Common law 2. the words being possession or seisin in the distjunctive make an actual seisin which referrs to the three former branches and seisin this is actuall or in Law which referrs to the fourth branch Coke 4 part 10. Bevills case Measnalty extinct per purchase of the tenant the old seisin doth suffice for the Rent-seck Coke 4 part 9. A. 2 Edw. 2. extinguish 6. A Signory granted upon condition which is broken the antient seisin sufficeth for the distress is in lieu of the entry Coke 4 part 9. B. Bevills case Bar to an Advoury Tender of amends for damage fesant before distress or impounding is goodbut not afterward Coke 5 part 76. A. 8 part 147. A Doct. et student 112. b. Nat. br 69. G. Tender amends after distress and afore impounding the detainer is wrongfull and not the distress Coke 8 part 147. A. Carpenters case The tender of amends to the bayly is not good Coke 5 part 76. A. Pilkingtons case 1 Hen. 4 15 pl. 17. A claims common appurtenant to such a house pro omnibus averiis magnis and verdict given and it was resolved after verdict that although he doth not say suis it is good 2. although he sayd not common appurtenant Pasch 15. Jac. ban Regis Disclaimer a good barr Coke 9. part 34. Bucknalls case 15 Rich. 2. Avowry 214. Avowry because A. was seised in fee grants a rent to the avowant the other pleads that A. was seised in Tayl this is not good if he traverse not the seisin in fee 11 Eliz. Dyer 280. pl. 16. Out of his fee a good Bar and every Stranger to the Advowry shall plead it Cook 9. part 20. A. 34. 15 Rich. 2. Avowry Note Feodum dum homagium servitium non tenementum in dominico Bracton lib. 2. fol. 46. B. If one avow the other need not say he took them in the high Street but is put to his Action upon the Statute 11 Rich. 2. Avowry 87. Avowry for an Amerciament in Court baron de injuria sua propria a good bar for the Custom traversed Mich. 13. Jac. com Ban. Baker Banks The Plaintiff sayes that the Defendant ought to have inclosed and did not do it sufficiently Vide the pleadings 22 Eliz. Dyer 365. pl. 32. Conusance for damage feasant the other said that they are Coparceners this is good 10 11 Eliz. Dyer 280. pl. 15. Nothing in arreare a good Bar but no stranger shall plead it Coke 9. part 20. A. Release of Actions personals and reals pleaded in Bar of the Avowry for corrody granted with distress a good bar 27 Edw. 3. 81. pl. 13. When the Lord varies from the truth of the quantity of his services by reason of seisin there he cannot traverse the seisin Coke 9. part 33 A. Com. 94. B. Mantels case But if they vary of the quantity by reason of seisin there the seisin is traversable Coke 9. part 33. A. Bucknals case Com. 94. B. Mantels case 18 Edw. 2. Avowry 217. Not seised generally a good Bar for by this he shall have no remedy of the Lord Coke 9. part 34. B. Bucknals case 22 Hen. 6. 3 A. 30. Henry 6. Avowry 15. But if he avow and alleadg seisin by the hands of the Plaintiff or other the Plaintiff shall say never seised by his hands Coke 9. part 35. A. Bucknals case 22 Hen. 6. 3. A. The seisin is not traversable but for that only for which the Avowry is made Coke 9. part 35. A. Bucknals case 26 Henry 8. 1. pl. 1. unless seisin be alleadged of a superior service as if tenure be alleadged per Homage fealty and rent and avow for rent and seisin in all the seisin of the rent is only traversable Coke 9. part 34. A. But if it be of Homage fealty rent and escuage and avow for Homage and alleadg seisin in all there the seisin of escuage is traversable because this is seisin of all Coke 9. part 34. A. Bucknals case 21 Edw. 3. 52. 13 Ed. 3. Avowry 103. 19 Edw. 2. Avowry 224. 16 Edw. 4. 11. pl. 11. Tenure by homage fealty or escuage or suit and other services and seisin of all he may traversethe seisin of Homage and escuage 2. Edw. 3 21. pl. 4. Not seised within 40 years a good bar 32 Hen. 8 cap. 2. Coke 9 part 36. Bucknalls case 14 Eliz Dyer 315. pl. 101. But he that pleads this ought first to confesse a tenure to the intent that the Lord may have a writ of customes and services 15 Rich. 2. avowry 214. Coke 9 part 34. B. Bucknalls case But this is no plea in avoury for rent upon a grant or reservation by deed because the deed is the title Coke 8 part 65. A. Fosters case Or upon a gift in Tayle because the commencement is within the time of memory Coke 8 part 64. A. Fosters case 4 part 11. A. Bevills case Or if it be for casual services as homage fealty or to go to war because perchance it may not happen within 40 years Coke 4 part 10 11. Bevills case So if the Lord release to the tenant so long as A. hath heirs of his body because A. may have heirs a long time after Coke 4 part 11. A. Bevills case So